E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 115 CONGRESS, FIRST SESSION

Vol. 163 WASHINGTON, TUESDAY, JUNE 6, 2017 No. 96 Senate The Senate met at 10 a.m. and was exchanges in 2018. From rural towns to Why is there a law forcing me to pay for called to order by the President pro Kansas City, these Americans are being something I can’t afford? Either I can eat and pay my mortgage, or pay for insurance. tempore (Mr. HATCH). left without options. Last week, we Far too many Americans face these f learned that thousands of ObamaCare customers in Nebraska will be left with painful choices every day because of PRAYER only one provider on the exchanges and ObamaCare. As the system continues The Chaplain, Dr. Barry C. Black, of- that the remaining insurer hasn’t even to collapse around us, this Kentuckian fered the following prayer: decided if it is going to stay through and many more like her are left to deal Let us pray. 2018. This week, we learned that the with the consequences. Eternal God, the fountain of wisdom, number of health insurers partici- The ObamaCare status quo is unsustainable and unacceptable. Our You are more majestic than the moun- pating in ObamaCare exchanges had de- country can do better, and our country tains. Give our lawmakers the rev- clined by nearly one-quarter from 2016 really must do better. I hope Senate erence for You that will motivate them to 2017. Democrats will join us as we move be- to do Your will. May they labor to en- It has become painfully clear that yond the system’s failures. They can hance Your glory, striving to make our ObamaCare is failing to live up to its either continue to defend this broken Nation and world stronger and better. promises and is collapsing right in system with its higher costs and dimin- Lord, help them to honor Your Name, front of our eyes. If this failed ishing choices, or they can work with cherishing the fact that they belong to ObamaCare status quo continues, more us to move beyond ObamaCare toward You. Show them how to use today’s Americans are likely to lose their in- smarter healthcare solutions. What is surance options, more Americans are fleeting moments to accomplish Your clear is that we have to act. Otherwise, likely to continue seeing their pre- purposes. Sanctify their thoughts, more Americans will be stuck paying miums rise, and more Americans are words, and deeds. May they set You al- the price of ObamaCare’s continuing likely to get caught in the downward ways before them as their guide, keep- failures. ing You close so that they will not be spiral of ObamaCare. shaken. It is time for our friends on the other f We pray in Your sacred Name. Amen. side of the aisle to get serious about DEPARTMENT OF VETERANS AF- f moving beyond the problems of this FAIRS ACCOUNTABILITY AND law. They spent years defending the WHISTLEBLOWER PROTECTION PLEDGE OF ALLEGIANCE system, promising it will get better BILL The President pro tempore led the over time and claiming others were ex- Mr. MCCONNELL. Now, Mr. Presi- Pledge of Allegiance, as follows: aggerating ObamaCare’s flaws, but dent, on another matter, like those I pledge allegiance to the Flag of the here is the reality our Democratic col- who have called for relief from United States of America, and to the Repub- leagues seem to be missing: ObamaCare ObamaCare, many Americans across lic for which it stands, one nation under God, did not get better. The problems are the Nation are counting on us to en- indivisible, with liberty and justice for all. real and have continued to get worse. sure better quality healthcare for our f Now Democrats are trying to blame veterans. This is a critical issue for the failures of ObamaCare on anything each of us no matter what State we RECOGNITION OF THE MAJORITY but—anything but—the broken LEADER come from, no matter what party we healthcare law itself. They can try to represent. Our veterans have sacrificed The PRESIDING OFFICER (Mr. shift the blame, but the American peo- too much. In return, they deserve our SASSE). The majority leader is recog- ple are not going to fall for it. support. We must keep the commit- nized. Many Kentuckians have called for us ment we have to them when it comes f to move away from ObamaCare to to ensuring that the VA is providing bring relief to families. An official re- the quality healthcare they rely on. HEALTHCARE LEGISLATION port released last month showed that Unfortunately, as we all know, many Mr. MCCONNELL. Mr. President, since ObamaCare’s full enactment in VA facilities across the Nation have every week, it seems we hear more 2013, average premiums in Kentucky long failed to provide our Nation’s he- news about the failures of ObamaCare. have skyrocketed by 75 percent. roes with the timely and effective med- For instance, 2 weeks ago, we learned A woman from Lancaster, KY, wrote ical attention they need. Already, Con- that nearly 70,000 people in parts of to my office recently to express her gress has taken a number of steps to Missouri and Kansas will lose their last frustration. With high premiums and a improve these facilities for our vet- insurance provider on the ObamaCare staggering deductible, she asked: erans and to keep the faith for those

∑ 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 23:50 Jun 06, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A06JN6.000 S06JNPT1 S3254 CONGRESSIONAL RECORD — SENATE June 6, 2017 who have willingly and courageously campaign and continued to mention it what the economists call externalities. fought on our behalf. in the days after the election. We The benefits for having a good highway Now we can build on those efforts by Democrats welcomed the idea. is not just for the people who use the passing the Department of Veterans One of my first conversations with highway, but if a factory locates near- Affairs Accountability and Whistle- the President after he was elected was by because it can get its goods there blower Protection Act. As the name about infrastructure. more frequently and quickly, that is a implies, this legislation will enhance I said: You called for a trillion-dollar benefit. A road itself might not gen- accountability measures at the VA and infrastructure program. erate short-term profits, but a factory better enable the Department to re- He said to me: At least that. might locate nearby and bring jobs and move—to remove—employees who are I said: Sounds good to me. Let’s work economic vibrancy to an area. The pri- failing to meet the standards expected on it. vate sector might not build high-speed of them. We have made overtures to the White internet all the way out to the house at This bill, in conjunction with the House saying we would be willing to the end of the road if there isn’t a prof- continued administration efforts like work with the President on infrastruc- it there, but our rural people are as en- those Secretary Shulkin announced ture. I said it to the President directly titled to high-speed internet as our yesterday, will further improve med- several times. Democrats have been people in urban areas and, I might add, ical services offered to our veterans at pushing for new money for infrastruc- there are large parts of my city, New VA facilities all across our country. It ture for a very long time. We even put York City, where that last mile isn’t was unfortunate to see this legislation out our own proposal, a trillion-dollar done because there are poorer residents held up in a previous Congress, but I infrastructure plan, hoping it would and it is less profitable. am proud that the Republican Senate spark a discussion. That is why there has always been has made its passage among our top We Democrats continue to welcome a the role of government to stimulate in- priorities. serious and constructive dialogue on frastructure investment, to provide I once again recognize Veterans’ Af- this issue, but unfortunately the Presi- support for necessary maintenance and fairs Committee chairman JOHNNY dent continues to disappoint. We sent construction which the private sector ISAKSON and Senator RUBIO for the part our plan several months ago, and we would ignore. To connect that house at they played in moving this very impor- have heard nothing for those months. the end of the road to high-speed inter- tant bill forward and remaining vigi- Now the President seems to be intent net so children living in it can learn, lant on behalf of America’s veterans. I on pushing forward an infrastructure thrive, and benefit in a global economy know we are all eager to advance it plan on his own, one with few details, benefits America, even if someone isn’t today and send it on down to the White that is mostly private sector driven— making a huge profit immediately House for the President’s signature. that means tolls—and with minimum from the building of that broadband. It investment, and that would ignore a is the same with the highway, the same f huge section of our infrastructure. The with the bridge, the same with water NOMINATION OF COURTNEY President doesn’t seem to be talking to and sewer, the same with the school ELWOOD anyone but a few people in his inner with internet. circle. Some of them are financiers. Of Mr. MCCONNELL. Now, Mr. Presi- The bottom line is, if the President course, they have been financing pri- dent, one final matter, today we will wants to sit down with Democrats, of vate sector infrastructure for a long confirm Courtney Elwood, the nominee course we want to do it, but if he con- time, but that is not the way we have for general counsel at the Central In- tinues to take this path with a plan worked in America since Henry Clay, a telligence Agency. As Chairman BURR cooked up by Wall Street advisers, it former—not quite a Republican. We pointed out at her hearing, Ms. Elwood will not succeed or it will result in didn’t have any then, but he was a has an impressive legal background. such a small measure that it will not Whig—the predecessor party—and he She graduated from Yale Law School be effective. came up with this idea of internal im- before clerking under Chief Justice Again, I say to the President—there provements. I remind my dear friend, William Rehnquist on the Supreme is talk, I read in the newspapers—they the majority leader, Mr. CLAY was from Court, and she served as a former advi- want to do this by reconciliation, no Kentucky. sor to both Vice President Cheney and Democratic votes, just 52 Republican Internal improvements were sup- President Bush, as well as to the Attor- votes in the Senate. The same problem posed to connect what was then the ney General. they had with healthcare, the same east coast with the far West—Ken- In her role at the CIA, Ms. Elwood problem they are having with tax re- tucky, Tennessee, Ohio—with roads will be providing sound legal advice to form, will repeat itself with infrastruc- over Appalachia, and ever since, we Director Pompeo, ensuring account- ture if you don’t do it in a bipartisan have had bipartisan support on the ability at the Agency as a whole, and way. Federal Government building infra- Our colleagues constantly remind us overseeing a number of priorities that structure and putting in the dollars for that ObamaCare didn’t work because it are key to supporting our Nation’s in- it but not from President Trump, at was done by one party, but now they telligence community. Her nomination least thus far. are letting Trump lead them to do the has already earned bipartisan support. The President’s plan is a recipe for same thing on just about every major I am sure that once she is confirmed, Trump tolls from one end of America issue. It is a formula for failure Presi- she will serve our country well in this to the other. That is not what the dent Trump is advocating. He hasn’t new role. American people are crying out for. been down here in Washington that f They don’t want more tolls. They want long. It is up to our Republican col- RECOGNITION OF THE MINORITY us to rebuild our crumbling water sys- leagues to teach him that working in a LEADER tems, bridges, schools, roads, bipartisan way is the only way you can broadband, not finance new tollroads. really get things done. The PRESIDING OFFICER. The Unfortunately, the President sur- So my view is, we need bipartisan- Democratic leader is recognized. rounds himself with bankers and fin- ship, but the President might not get— f anciers. These are folks who used to just remember that many Republicans work at investment banks. They look are very negative, initially at least, INFRASTRUCTURE at infrastructure as an investment to with a private sector-driven infrastruc- Mr. SCHUMER. Mr. President, first I be made by corporations in the private ture bill because they represent rural want to talk about infrastructure. This sector, but infrastructure has never areas. week, the administration is laying out been a business investment. Here is what a Republican Senator a few ‘‘proposals’’ on infrastructure. So Infrastructure has been something from Wyoming, Mr. BARRASSO—fine far, it has been a major disappoint- the government has invested in for dec- man—said: ‘‘Funding solutions that in- ment. President Trump pitched a tril- ades and even centuries because the volve public-private partnerships do lion-dollar infrastructure plan in his benefits of infrastructure have great— not work for rural areas.’’

VerDate Sep 11 2014 23:50 Jun 06, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.002 S06JNPT1 June 6, 2017 CONGRESSIONAL RECORD — SENATE S3255 My friend, the Republican Senator worked it out. We each thought we had Most insurance companies are saying from West Virginia, has said: ‘‘As a some victories. It worked, but I had to they are raising rates because of the person who represents an almost all- stand at this desk and tell our Repub- uncertainty Republicans continue to rural State . . . I’m concerned about lican colleagues to keep the President inject into the market. The President how we are going to be able to incent out of it because it will bullocks every- has not come out permanently for cost- the private dollars to go to the less- thing up. Fortunately, they did. Maybe sharing, which would reduce premiums populated, less-economically developed we can do that again. and keep people in the market. They areas of our country, because the in- I would say to the President: Mr. just sort of do it one at a time, and vestments are just as important.’’ President, you can spend your entire that is going to make the markets The bottom line is this, an invest- first-term agenda trying to jam worse. ment bank infrastructure plan like the through partisan bills. That would be a The public already unfortunately will one the President is proposing is a sure shame because America needs to get blame those in charge—our Republican loser in Congress. A Goldman Sachs in- moving again. On infrastructure, this friends and the President—for the frastructure plan just will not work, is an issue where we really have some mess, as much as they would like to except for a few. It would turn over a common ground. That is why Senate look past—as much of our colleagues public good to the whims of private fi- Democrats put forward a trillion-dollar on the another side of the aisle want to nance, who will not build infrastruc- infrastructure plan that would create point fingers. People want something ture where America needs it. They will millions of jobs and actually fix our done now. They don’t want fingers of build it where they can make a buck, crumbling roads and bridges, invest in blame pointed back at what happened 5 and that means tolls paid by working every corner of America, with par- years ago or 8 years ago. Americans and middle-class Ameri- ticular attention to rural America. We Democrats don’t want to tear ev- cans. That means rural areas will not We stand ready and willing to work erything down and start over again. get the support they need. That means with the President on that plan or Let’s keep all the progress—the 20 mil- any project that can’t generate user something similar that actually lion more Americans insured, the kids fees or taxes—like repairing our achieves what he promised on the cam- who can stay on their parents’ plan, schools or water sewer systems—will paign trail. the protections for folks with pre- not get done. f existing conditions—and find ways to There is no free lunch. When the pri- HEALTHCARE LEGISLATION make even more progress on bringing vate sector wants to finance infrastruc- down costs for consumers and improv- Mr. SCHUMER. Mr. President, an- ture, they naturally—that is our free ing the quality of care. other matter: healthcare. According to enterprise system—want to get repaid, I yield the floor. reports, Republican Senators were but who is going to repay them? The planning to use the State work period f average American: the truckdriver who last week to rewrite their healthcare RESERVATION OF LEADER TIME is scratching out a living, the salesman bill. Well, now we are back in session, or saleswoman who is scratching out a The PRESIDING OFFICER. Under and unfortunately my friends on the living, the family who is going on vaca- the previous order, the leadership time other side of the aisle don’t seem to be is reserved. tion and has to stop every 30 miles for any closer to having a bill. If they do f another big toll, the small business have one, they are hiding it and going that depends on roads to get the goods down the same path as House Repub- CONCLUSION OF MORNING to and from that business location. licans—drafting a bill that will impact BUSINESS If the President truly wants to re- tens of millions in secret, no trans- The PRESIDING OFFICER. Morning build our Nation’s infrastructure, he parency, no committee hearings, no de- business is closed. has to approach this issue in a bipar- bate. f tisan way. There are several Repub- Even with all this secrecy, more and licans who don’t want the Federal Gov- more Republicans seem increasingly EXECUTIVE SESSION ernment to spend any more money on pessimistic about finding a Republican- infrastructure, but the majority of only bill that can get 50 votes in the EXECUTIVE CALENDAR Senators of both parties probably do. Senate. Over the weekend, the senior The President needs to sit down with Republican Senator from North Caro- The PRESIDING OFFICER. Under Democrats and work something out if lina, Mr. BURR, said: ‘‘I don’t see a the previous order, the Senate will pro- he wants to get something done. He comprehensive health-care plan this ceed to executive session to resume hasn’t sat down with Democrats. He year.’’ consideration of the Elwood nomina- doesn’t seem to want to. There are Just yesterday, Senator THUNE, a tion, which the clerk will report. even reports that the President is con- member of the Republican leadership, The senior assistant legislative clerk sidering doing infrastructure on rec- said the Republicans may rush a read the nomination of Courtney onciliation. That means just Repub- healthcare bill to the floor before they Elwood, of Virginia, to be General lican votes, a huge mistake. know if it has the support of their cau- Counsel of the Central Intelligence Republicans have been tied in a knot cus. Agency. here in Washington. The President has Well, my friends on the other side of The PRESIDING OFFICER. The ma- been tied here in a knot in Washington the aisle are learning how difficult it is jority whip. because he insists on going at it alone. to refigure our healthcare system HEALTHCARE LEGISLATION Look at the entire Trump adminis- under a process with only votes from Mr. CORNYN. Mr. President, I came tration agenda. President Trump ran one party—the so-called reconciliation to the floor to talk about other mat- against both the Democratic and Re- process—and do it in a way that actu- ters, and I will get to those in a mo- publican establishments—a populist, if ally improves our healthcare, not dev- ment. I can’t help but be struck by the you will, but he has thrown his lot, astate it, as the House bill would. Democratic leader’s sudden interest in since he has become President, with I hope my Republican friends will re- addressing healthcare reform. hard-right conservatives and is now alize the only way we will get votes It is a fact that even if Hillary Clin- pursuing an agenda entirely through necessary to pass a healthcare bill is to ton were elected President of the the partisan process Republicans once drop repeal and work with Democrats United States, we would be revisiting decried—healthcare, reconciliation; to improve our healthcare system, not the failed promises of the Affordable taxes, the same. Now infrastructure? to sabotage it. We stand ready and Care Act. For example, premiums, The one area where we kept the Presi- willing to work with our Republican since 2013, have gone up 105 percent in dent out of it, the appropriations proc- colleagues to further stabilize the in- the individual market. Those are peo- ess worked swimmingly well. Leader surance markets, build on the progress ple who don’t have employer-provided MCCONNELL and I, Senators COCHRAN we have made in healthcare. In fact, we coverage or aren’t on Medicare or Med- and LEAHY, and the House Members got are running out of time before the 2018 icaid. Small businesses and individuals together in a bipartisan way and we rates are locked in. who have to go out and purchase their

VerDate Sep 11 2014 03:25 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.004 S06JNPT1 S3256 CONGRESSIONAL RECORD — SENATE June 6, 2017 healthcare have seen premiums go up Memorial Day is a fitting time to send by a voice vote 2 weeks ago, which es- 105 percent. off these young men and women, while sentially is by unanimous consent. We hear stories every day—and I will we at the same time remembering the It has growing support among groups recount some of those from Texas— ultimate sacrifice made by those who focused on helping our returning war- where people say they have zero gave their lives answering that same riors to get the treatment, care, and choices. For example, in Iowa, we call to service. support they need. That is because the learned there are no insurance compa- I try to recruit a top-tier speaker to VA bill will do what it is supposed to nies that are willing to sell health in- these events, somebody who will chal- do and, unfortunately, hasn’t always surance on the individual market. That lenge and inspire these young men and done well, which is to serve our vet- isn’t because of anything that Presi- women, and this year was no exception. erans. dent Trump or the Republican major- ADM William McRaven, the Chancellor Like all of us, I have the honor of ity have done. These are the failures of of the University of Texas System, meeting with our veterans regularly ObamaCare. spoke to these incoming midshipmen and working with them to help them President Obama made extravagant about lessons he learned in public serv- succeed after giving so much of them- promises about ObamaCare, none of ice and his 37 years in the U.S. Navy as selves to keep our country safe. which has really proven to be true. He a Navy SEAL. One other example of bipartisan leg- said he would bring down premiums He spoke candidly that this would be islation that was signed last week by $2,500 for a family of four. Well, these the greatest challenge of their young the President of the United States is a folks in the individual market have lives but also the most rewarding. He bill called the American Law Enforce- seen their premiums go up 105 percent said it would be a decision they would ment Heroes Act, a bill that I intro- since 2013. He said that if you like your never regret. He also spent some time— duced to help connect veterans to op- policy, you could keep your policy. appropriately, on Memorial Day—talk- portunities in law enforcement in their local communities. So it is another ex- That proved not to be true because un- ing about the heroes who have sac- ample—perhaps, not in the headlines. less you bought the government-ap- rificed all to serve the military in the There is not a big partisan food fight proved healthcare policy, insurance greatest country in the world. So all in over it. So maybe most people are not companies couldn’t sell it on the ex- all, Memorial Day was a great day, and aware of it. But I think it is important changes. He said: If you like your doc- it was a great event for these young to remind people that, amid all of the tor, you can keep your doctor. men and women. But as people found out when their distractions they see in Washington DEPARTMENT OF VETERANS AFFAIRS ACCOUNT- policies changed, frequently the doc- and in the news, there is important ABILITY AND WHISTLEBLOWER PROTECTION work being done to benefit people who tors in the network they could see BILL changed. People saw premiums go up. Mr. President, as we come back the certainty deserve it, and that would be They lost coverage they liked, and week after Memorial Day, I know I am the case for our veterans. I am thankful for the work of the they lost the doctor they had con- not the only one encouraged to find chairman of the Senate Veterans’ Af- fidence in. better and more effective ways to serve fairs Committee, Senator ISAKSON, as So the suggestion of the Democratic our country. Fortunately, this Cham- leader that somehow this current situ- well as the diligent and thoughtful ber in the Senate will have a chance to ation is a result of President Trump or work of the Senator from Florida, Mr. do that. Soon we will vote on a bill congressional action is ludicrous. I RUBIO, on this important veterans bill. that will reform the U.S. Department think people understand that, but I I look forward to passing this bill soon. of Veterans Affairs, a Department rid- just couldn’t resist responding a little Mr. President, I also look forward dled with inefficiencies and marked too bit to what he had to say, because this afternoon to confirming the nomi- often by scandal and corruption. sometimes when people don’t respond nee for general counsel of the Central This is a huge government depart- they assume there isn’t a response, and Intelligence Agency. Director Pompeo ment. At last count, some 330,000 peo- clearly there is. has been there for some time now, hav- ple worked for the Veterans’ Adminis- ing been nominated by President TRIBUTE TO TEXAS MILITARY ACADEMY tration and, unfortunately, we have all APPOINTEES Trump and confirmed. He is an out- become familiar with the horror stories Mr. President, it is good to be back standing choice to be the Director of of fake scheduling, indicating that peo- at work here in Washington after a the Central Intelligence Agency. Like work week at home. I had the honor, ple actually were being seen who were every organization, it seems these starting on Memorial Day, of spending not seen, huge wait times, and people days, the CIA needs a good lawyer to some time with Texas’s newest recruits literally dying as a result of not get- lead its effort to make sure that it con- to our country’s military academies. ting the treatment they earned by vir- ducts itself precisely in accordance Every year, now for the 11th year, I tue of their service in the military with the rule of law. have had the privilege of hosting an through the Department of Veterans Ms. Elwood is extraordinarily quali- academy sendoff ceremony in ‘‘Mili- Affairs. fied. She served during the administra- tary City U.S.A.,’’ my hometown of The legislation we will vote on is tion of President George W. Bush as San Antonio. This annual gathering called the Department of Veterans Af- Counselor to the Attorney General, recognizes the bright young Texans fairs Accountability and Whistleblower Deputy Counsel to the Vice President, who have accepted an appointment to Protection Act. It will protect the Vet- and Associate Counsel to the Presi- one of the premier military academies erans’ Administration employees who dent. I am confident that she will serve that serve our Armed Forces, and I am care deeply for veterans by protecting as a sharp, independent mind to the always proud to celebrate the incred- them as whistleblowers. It also pro- CIA. I hope we will confirm Courtney ible achievement they have made so far vides managers with the tools they Elwood soon, and I trust we will. in their young lives and encourage need to address poor performance and HEALTHCARE LEGISLATION them as they begin a life of public serv- misconduct. To sum it up, this bill will Finally, Mr. President, as we redou- ice. It is truly inspirational, and it is make it easier for VA employees to be ble our work on the failed ObamaCare my favorite event of the year. held accountable, and that is some- law and seek to replace it with market- This year about 272 young Texans thing the Veterans’ Administration driven solutions so people can actually have answered the call to get a service and our veterans desperately need, and buy insurance they want at a price academy education and a career in it has for some time. It will make the they can afford, I want to briefly re- military service. It is a good deal if you VA work better for the men and women mind my colleagues why we are fixing can qualify for it because basically you who have served us so well. it. I alluded to that at the beginning, get a free ride to one of these premier I should point out that at a time and I will close with a few more re- service academies, and we train the when I suspect people doubt whether minders. next generation of military leaders, there is any bipartisanship in the Con- Just last week it was reported that which is good for all of us. gress or in Washington, this is a bipar- only three insurance companies that My wife Sandy and I look forward to tisan piece of legislation. It was voted offered plans on the ObamaCare ex- this event each year, and we find that out of the Veterans’ Affairs Committee changes will return to the Houston

VerDate Sep 11 2014 23:50 Jun 06, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.005 S06JNPT1 June 6, 2017 CONGRESSIONAL RECORD — SENATE S3257 area in 2018. In 2016, just last year, I yield the floor. Elwood’s responses to questions on the there was more than twice that num- I suggest the absence of a quorum. torture issue were troubling and that ber. So we see that the pool of avail- The PRESIDING OFFICER. The we need to look at those responses in a able choices for Americans on the ex- clerk will call the roll. whole new light based on what hap- changes has shrunk and continues to The senior assistant legislative clerk pened last week. shrink in places such as Iowa, where it proceeded to call the roll. Ms. Elwood said that she read the un- has gone away entirely and where Mr. WYDEN. Mr. President, I ask classified executive summary of the there is no insurance company willing unanimous consent that the order for torture report, but based on her re- to sell insurance on the ObamaCare ex- the quorum call be rescinded. sponses to questions, the 500-page exec- changes. Houston, after all, is the Na- The PRESIDING OFFICER (Mr. utive summary was not adequate for tion’s fourth most populous city. So if FLAKE). Without objection, it is so or- her. It was not sufficient for her to you see that sort of trend there, it can dered. conclude whether the CIA’s interroga- and will happen everywhere. Mr. WYDEN. Mr. President, today tion techniques violated the law. Clear- ObamaCare continues to fail the the Senate will vote on the nomination ly, she needed to read the classified re- American people by not delivering on of Courtney Elwood to be CIA general port. Ms. Elwood, in both her written its promises. I have said before that in counsel. This is an important job that answers and at her hearing, said that my previous life I was attorney general got even more important in the past she would read the classified report. of the State of Texas. One of the most week. As I will explain, this position But now, because of what the current important jobs the attorney general’s may play a crucial role in determining chair of the Intelligence Committee office does is consumer protection, pro- whether history is erased or preserved and the Director of the CIA have done, tecting consumers from fraudsters and for generations of Americans to come. it is not going to be available. It is not those who would try to deceive them As Senators know, last week the cur- going to be available for her to read. and cheat them out of their hard- rent chair of the Senate Intelligence Many Members of this body have spo- earned money. I have said, because I Committee demanded that several key ken out about the torture report and believe it to be true, that ObamaCare government agencies get rid of their the need for its lessons to be learned so represents one of the largest cases of copies of the torture report prepared by this country never again engages in the consumer fraud I have ever seen. When Senator FEINSTEIN and her colleagues. kind of illegal, damaging program that President Obama made the extravagant I am going to take a few minutes to de- Senator FEINSTEIN has documented. promises he made and yet we have the scribe what this has to do with Court- But now there is an issue that goes be- evidence of its failure, it is clear that ney Elwood. yond what the Senate has thought this the American people were misled when In short, it starts with the CIA’s his- was all about. Now there is an indi- it came to ObamaCare. tory of torture, which was carefully vidual nominee for whom these lessons Many people aren’t getting the ac- documented and sourced by the Intel- are critical. This nominee told our cess to healthcare they thought, and ligence Committee under Senator FEIN- committee that she had not yet studied those who are using ObamaCare ex- STEIN’s leadership. This is the issue whether the CIA’s torture techniques changes are finding it increasingly ex- that is being debated—the CIA’s his- were legal. She told us she would read pensive. The premiums, as I indicated tory of torture. That is why it is criti- the report, and now the report is gone. earlier, have gone up 105 percent in 39 cally important that the CIA get back What could be more troubling than States with ObamaCare exchanges, its copy of the report. If Courtney that? since 2013 alone. Then, with the deduct- Elwood is confirmed, the decision on What is at issue here is one of the ible, most people find that their out-of- whether to do so may be up to her. most disturbing and undemocratic pocket costs before the insurance actu- Here is why: The CIA Director, Mr. events ever to take place in the U.S. ally kicks in keeps going up and up and Pompeo, who said at his confirmation Senate. The current chair of the Sen- up, to the extent that many people es- hearing that he would read the report, ate Intelligence Committee has told sentially find themselves without the has gotten rid of the CIA’s copy. He did the executive branch to get rid of its benefit of the insurance they are pay- so despite the fact that the current copies of the report, and at least some ing so much for because the deductible chair of the Intelligence Committee of the agencies have sent their only is so high. We know the insurers on the had no authority to demand that of copies to the committee. I am going to exchanges just keep passing the cost on him. Mr. Pompeo got rid of the report be clear: The current chair does not to the customer, with rate increases up despite a personal promise to read it, have the authority to do this. almost 50 percent in many cases. That and he did this even though it may First, in December of 2014, the full, is just in the Houston area, which I am have violated the law. It certainly vio- final, classified report was filed as a talking about. Obviously, the 105 per- lated a fundamental principle impor- Senate report. It is therefore not a cent in 2016 is a nationwide number. We tant to the American people that in committee document. Second, no one know that nationwide, as well, only this country, we don’t erase history. can retroactively change the status of one in three counties has only one in- Now, this can be fixed. The CIA can a historical Senate report. The report surer on the ObamaCare exchange as of get the report back. It can do what was finalized, filed, and transmitted to 2017. This is just simply unsustainable, Senator FEINSTEIN told the government the executive branch during the 113th and it is irresponsible. to do back in 2014, which is to dis- Congress. Only in the 114th Congress That is why my colleagues and I are tribute this report, read it, and learn did the current chair assume the chair- committed to doing something about from it. Will Director Pompeo get the manship and begin to assert control it. Our friend, the Democratic leader, report back on his own? There is no over the report. was in here claiming that the insta- reason to think so. But if there is one Think about the implications here. bility in the market and the fact that thing Director Pompeo said again and How can this body allow Members of premiums are so high and insurance again in his remarks during the con- Congress who don’t like what a pre- companies are leaving are as a result of firmation process, it is that he told the vious Congress has done to unilaterally the instability created by political un- Senate Intelligence Committee repeat- try to erase history? How many other certainty now. Well, that is clearly not edly that he is going to rely on the ad- congressional reports would be at risk? the case. ObamaCare has been with us vice of his lawyers. There are other reports that have not since 2016, and it has been a terrible That is exactly where Courtney yet been fully declassified. Should the failure for the people who buy their in- Elwood comes in. What will her advice Senate worry about whether or not surance on the individual markets. be to Director Pompeo? What will she they will be protected? Should Ameri- That is why we are committed to doing advise him about whether to allow this cans be concerned that the country’s everything we can to replacing it with attempt to erase history to stand or historical records are going to be patient-centered options that actually whether it is going to get fixed and the erased before the public ever sees work to help people get the type of cov- report is going to be brought back? The them? erage they want at a price they can af- Senate doesn’t have any idea this My view is that this effort by the ford. morning. We do know that Ms. current chair of the committee is an

VerDate Sep 11 2014 23:50 Jun 06, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.007 S06JNPT1 S3258 CONGRESSIONAL RECORD — SENATE June 6, 2017 assault on one of the fundamental val- ‘‘Statements on Introduced Bills and pleased with Ms. Elwood’s testimony ues of our democracy. In this country, Joint Resolutions.’’) that the reinstatement of torture we don’t eradicate the historical record Mr. VAN HOLLEN. Mr. President, in would be illegal under existing law, I just because we find it uncomfortable. the critical debate about the balance am concerned with her prior work on There is a reason insecure dictators do between national security and rights to cases involving the detention of enemy it, and there is a reason this kind of privacy, the truth must be paramount. combatants, military commissions, thing has never happened here. It is be- Time and again, President Trump has and the constitutionality of national cause we are a confident democracy misled the American public about na- security programs under President that has always looked to our own his- tional security matters, including tor- Bush. For these reasons, I cannot sup- tory and all our flaws as we seek to ture, surveillance, and intelligence. port her nomination. build a better Nation. Trump has claimed that ‘‘torture Mr. COTTON. I suggest the absence We are better than this. I urge my works’’ and that ‘‘we should go much of a quorum. colleagues to defend these principles. I stronger than waterboarding,’’ despite The PRESIDING OFFICER. The urge them to vote against this nomina- widespread evidence that enhanced in- clerk will call the roll. tion. terrogation techniques are not effec- The legislative clerk proceeded to Mr. President, I yield the floor. tive in acquiring intelligence or gain- call the roll. The PRESIDING OFFICER. The Sen- ing cooperation from detainees. With- Mr. CASSIDY. Mr. President, I ask ator from Arkansas. out any evidence, President Trump al- unanimous consent that the order for Mr. COTTON. Mr. President, I wish leged that President Obama illegally the quorum call be rescinded. to add my support this morning for wiretapped the phones of Trump Tow- The PRESIDING OFFICER. Without Courtney Elwood as the next general ers. Former FBI Director James Comey objection, it is so ordered. counsel of the CIA—not that she really soundly rejected this conspiracy the- HEALTHCARE LEGISLATION needs it. In her many years of public ory, a statement that likely played a Mr. CASSIDY. Mr. President, I am service and private practice, Courtney role in his firing. President Trump re- here to speak about a topic which, has earned the esteem of her colleagues peatedly dismissed intelligence that wherever I go, people speak about—the across both parties and two adminis- Russia interfered in our 2016 elections replacement of the Affordable Care Act trations. David Kris, an Obama ap- and derided our intelligence commu- or ObamaCare, as people call it. Clear- pointee, calls her ‘‘a first-class law- nity for its assessments. His rejection ly, we need action. yer.’’ Ben Powell, a Bush appointee, of truth, to stoke fear and resentment I had a Facebook post maybe a week calls her ‘‘one of the finest lawyers of in the American public, is unethical or two ago from Brian in Covington, her generation.’’ Caroline Krass, an- and dangerous. It is a threat to Amer- LA. He said: My family plan is $1,700. other Obama appointee, calls her ‘‘an ican freedoms. The quote goes on to say how his fam- excellent choice.’’ And Wan Kim, an- In this extraordinary environment, ily cannot afford that $1,700. other Bush appointee, says she is the CIA’s leadership must not only pro- Rates are going up, which I have said ‘‘careful, brilliant, and highly accom- vide objective and sound intelligence time and time again. My friend back in plished.’’ assessments to the President, it must Baton Rouge, he and his wife are 60, 61. In other words, you don’t need me to faithfully ensure that the President is The quote for their insurance last year tell you Courtney Elwood is a first-rate adhering to the law. The role of the was $39,000—for 1 year. That is clearly attorney. In fact, you don’t need any- General Counsel is particularly critical not affordable. This is not just in Lou- one to tell you that because her accom- at this moment, when our sitting isiana; it is in Washington, DC, it is in plishments speak for themselves. President has openly denounced or dis- California, it is across our Nation She graduated from Yale Law School played alarming ignorance of existing where individual market quotes are in 1994 and went on to clerk for both laws on intelligence matters. As the going up that they cannot support. Judge Mike Luttig on the Fourth Cir- CIA General Counsel’s guidance is pro- Most recently, Connecticut insur- cuit and then-Chief Justice William vided entirely in secret, with no public ers—there are two—are proposing rate Rehnquist at the Supreme Court. After transparency, it is imperative that the increases that are 15.2 percent and 33.8 spending some time in private practice, American public have as clear an un- percent, on average, respectively. They she worked for 6 years in the George W. derstanding as possible of the nomi- are quoting 22 percent over 2017. In Bush administration, rising from asso- nee’s prior record of legal interpreta- Maryland, some insurers are going to ciate counsel to the President, to dep- tion. raise rates as much as 59 percent for uty counsel to the Vice President, to On this point, Courtney Elwood’s his- those individual plans. Deputy Chief of Staff and Counselor to tory under President George W. Bush is I am a physician. I learned a couple the Attorney General. troubling. At the Department of Jus- of things in my 20 or 30 years of prac- We are not talking about a rookie tice, Ms. Elwood was involved in dis- tice. One, to lower costs, the patient lawyer who is inexperienced in the cussions regarding the legal justifica- must have the power; and, two, the in- ways of Washington or in the corridors tion for the ‘‘warrantless wiretapping surance must be affordable; and, three, of power. Her commitment to the law program,’’ in which the Bush adminis- that the insurance they receive must is unquestioned and unquestionable. tration collected telephonic and email be adequate. President Trump totally She is just the person we need for this communications of U.S. persons on got this. On the campaign trail, Presi- position. U.S. soil without a court order. The dent Trump said time and again—what The general counsel of the CIA will Bush administration, in memos that I call his contract with the voter. He help Director Pompeo navigate the are now declassified, argued that the wanted folks to maintain coverage many twists and turns of the thorny President has inherent constitutional with lower premiums, care for those legal terrain as our intelligence com- power to monitor Americans’ commu- with preexisting conditions, and elimi- munity defends our country against a nications without a warrant in a time nating mandates. I think President wide range of threats: terrorism, cyber of war. Given the perennial nature of Trump just knew it. I shorthand this, if warfare, and good, old-fashioned espio- America’s war footing, this argument you will, saying, if we focus on low- nage. We need people of the highest afforded the President a virtually un- ering premiums and making sure it caliber serving at our national security limited authority to surveil Ameri- passes the Jimmy Kimmel test. The agencies, and there is broad agreement cans. When asked for her views on this late-night comedian, when his child that Courtney Elwood fits the bill. legal justification in testimony before was born with a terrible heart problem, I am happy to support her nomina- the Senate Select Committee on Intel- immediately got the care that child tion, and I thank her and her family ligence, Ms. Elwood asserted that the needed. So if we can have insurance for answering the call to serve once program was ‘‘carefully reasoned’’ and that passes the Jimmy Kimmel test— again. that the Justice Department was lowering premiums, taking care of the (The remarks of Mr. COTTON per- ‘‘thorough in its analysis.’’ rest of President Trump’s goals, then I taining to the introduction of S. 1297 Ms. Elwood’s record on torture is think we can accomplish it. We need to are printed in today’s RECORD under also cause for concern. While I was talk to experts, actuaries, those who

VerDate Sep 11 2014 23:50 Jun 06, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.009 S06JNPT1 June 6, 2017 CONGRESSIONAL RECORD — SENATE S3259 design insurance plans, to make sure with complex conditions get their miums by 20 percent, just by expanding we come up with something. healthcare managed. I use the example the number of those who are insured— There is something else the President of a diabetic. She perhaps developed 20 percent. said that I want to focus on. This is childhood diabetes, and now she is 35 So when President Trump says he just before he took the oath of office. years old. If a doctor is managing her wants to continue coverage, caring for He said people covered under the law— condition, she works, stays at home, those with preexisting conditions with- meaning the Republican replacement— her complications are minimal, and her out mandates and lowering premiums, can expect to have great healthcare. life is much better. If her condition is doing this feature where you are in un- ‘‘It will be much simplified.’’ One of not managed, she comes to the emer- less you call us and tell us you don’t the complaints about the Affordable gency room three times a month with want to be and making it simple Care Act is it is so complicated. Even diabetes out of control. That just achieves all four goals. online, 16 pages online, with your W–2, shoots a hole in the bucket of fiscal re- We would increase coverage. By that, if you don’t get it, you get booted out. sponsibility and also in her health. In- we would lower premiums, taking care The President said we must have a stead of working, keeping a family, she of those with preexisting conditions. much simpler way of going about this— is coming to the hospital, getting care Now, again, it is using the mechanism much less expensive and much better. through the emergency room, which that is already used in Medicare and in What could this look like? Let me she cannot afford to pay for, and that Fortune 500 companies, making it easy propose some conservative solutions cost is shifted to everyone else. That is to enroll. There are some who don’t that could be in a Republican plan that not the way to manage that. We need want to give States the options. They would achieve the President’s goal. to engage doctors with patients. don’t want to give patients the options. First, the patient has to have the Another conservative solution is we They don’t want to make it simple to power. In my 30 years of practice, I need more competition between insur- enroll. They want to replace, if you found that if the patient has the power, ers so there is not just one insurance will, the tyranny of ObamaCare—where the system lines up to serve her. One company in the market that can there- all of this power is taken to Wash- example is price transparency. If we fore set prices but rather we have mul- ington, DC, and States and people were can put in that a provider has to pub- tiple. So if we give the patient the told what they had to do—with a dif- lish the provider’s price, so the patient power by giving the patient a tax cred- ferent sort of tyranny, telling States getting the blood test knows the cost it that she can use to purchase the in- what they can’t do. I think we ought to give as much of the blood test at that moment and surance she wishes to have, that will power to the States, as much latitude can compare it to someone down the create competition as more insurers to the patients to come up with the so- street, we will lower cost. enter the market. If we have that com- lutions that work for them. That is the One example just came up in a news- petition—those market forces—prices paper out of New Orleans. Nola.com is conservative way to go. come down. But I will say, in speaking with con- their website. A woman went in and When the President said we have to got blood tests. She received a bill servatives, that I very much invite our make things simpler, I think that also Democratic colleagues to come to the weeks later and her bill was for $324. includes how we enroll people in insur- She found she could have gotten the table. There are some of my Demo- ance. We figured that out on Medicare. cratic colleagues who have said they same blood test for $34 right down the Under Medicare, if someone turns 65, street. A woman from Texas came up. just want Republicans to work through they are on Medicare. It could not be this, thinking that it might be a polit- She said she heard me speak of price simpler. They get a letter. They are on transparency—the power of negoti- ical train wreck that would work to Medicare. If they don’t want to, they their advantage. But in those States ating, if you will. The doctor ordered can call: Hey, I don’t want to be on there are Americans whose premiums an MRI on her son’s shoulder. She Medicare. But as a rule, they are on are becoming unaffordable. called up the different places where she Medicare. I mentioned earlier that in Con- could have it done and she got a price Fortune 500 companies have figured necticut premiums are rising 15 and 34 of $667. On my Facebook page is a little out the same thing. In order to enroll percent this year. In Oregon, it is as video of her speaking: I got it for $667. people into retirement plans they say: high as 22 percent, and Maryland is as Then I remembered what you said: If Listen, you are in the 401(k) plan un- high as 60 percent. you pay cash, you get a discount. I less you choose not to be. That makes Now, who cares if the person is a called them back. I said, if I pay cash, it simpler to get a 95-percent enroll- Democrat or a Republican? If her pre- will you give me a lower price? They ment in retirement plans. Now, you mium is increasing 60 percent, she can- said: Pay us cash, we will cut that $667 could say: Hey, listen, you have to fill not afford it. So I challenge my Demo- to $400. The patient had the power. So out a bunch of forms. If you don’t fill cratic colleagues to get off the side- she ended up paying far less for the out these forms, you are not going to lines and engage. Try to do something procedure the doctor ordered. That is be enrolled. But that would not work not for political purposes but for the one conservative solution, give the pa- for Medicare. It would not work for purpose of that person who is at home tient the power. 401(k)s. It has not worked under struggling to pay the bills and deciding Secondly, let States innovate. We ObamaCare. that she can no longer afford insur- need to take all of this power that We need to take those same sort of ance, but, perhaps unbeknown to her, ObamaCare brought to Washington, solutions we have found for both Medi- she has a cancer brewing inside her. DC, and push it back out to the States. care and enrolling people in their re- Just when she decides she can no If we do that, we are going to accom- tirement and do it for the Republican longer afford coverage because pre- plish something. Let’s just acknowl- alternative. miums have risen 60 percent, that is edge that there are 700,000 people or so The Republican alternative would when her cancer is discovered. in Alaska. If you took a map of the say: We make it easy to enroll. You are We have to address this. It will take State of Alaska and put it over the in unless you are out. So if you are eli- us on either side of the aisle—both lower 48, it would stretch from roughly gible for a tax credit, you would re- Democrats and Republicans—to work Georgia to the Pacific Ocean. Wash- ceive it. You would then have the in- together. I will finish with a quote ington, DC, has almost the same popu- surance. If you were passive about it, from a fellow from Covington, Brian, lation as Alaska, and you can walk you would have a default policy. But if on my Facebook page. He said that his across the city in a morning. Clearly, you are active, you could do more with family plan is $1,700 a month, for him, you need different solutions for an area it. But by doing so, you actually in- his wife, and his two children. The you can walk across and an area you crease the number of people insured. ACA, the Affordable Care Act, or cannot fly across in the same time that Now, when you increase the pool of ObamaCare, has brought him to his you would walk across Washington, those insured, you lower premiums. We knees. I hope we can get something DC. We have to return power back to had Blue Cross look at our proposal to done. The middle class is dwindling the patients. We have to engage doc- make it easy to enroll: You are in un- away. Can everyone just come together tors and patients so those patients less you are out. That would lower pre- and figure this out?

VerDate Sep 11 2014 23:50 Jun 06, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.014 S06JNPT1 S3260 CONGRESSIONAL RECORD — SENATE June 6, 2017 This is a cry for help. It is a chal- So why are we waiting until today to even talk about—even to his own fam- lenge to Republicans and Democrats to honor these 1,184 brave Americans? Be- ily—the honorable service unit he was come up with a plan that is not a red cause until recently the Ghost Army’s a part of. Now, it is humbling to me to plan or a blue plan but an American mission was classified. It was top se- hear a man’s sacrifice, to go through plan to address his needs, his wife’s cret. Nobody except the members of what he went through and not even be needs, and those similar to him across the Ghost Army knew anything about able to talk about it with his family, the country. it. This has finally changed. That is but he kept his word out of honor to The PRESIDING OFFICER. The Sen- one of the reasons I am here today. I his country. ator from Louisiana. am proud to be a cosponsor of the The willingness of Mr. Wilson and his HONORING THE GHOST ARMY Ghost Army soldier bill, a bipartisan fellow soldiers to risk their own lives Mr. KENNEDY. Mr. President, thank effort led by Senators MARKEY, COL- to defend the freedom we have today— you and Senator CASSIDY. We just came LINS, and KING. This long overdue legis- well, it, too, is humbling. back, as we all know, from the Memo- lation will award a Congressional Gold Mr. Wilson returned home in 1945. rial Day recess. I wanted today not to Medal to the 23rd Headquarters Special And I hope he is listening right now. only reflect on that but also to reflect Troops and the 3133rd Signal Service He has been a little under the weather. on our anniversary of D-day and the Company. He was in the hospital when I spoke to day that our Allies invaded France in It is a privilege to share that, in my him today. It wasn’t until the 1990s, 1944. In doing so today, I would like to home State of Louisiana, the Ghost when Mr. Wilson was married with two speak and pay tribute to all of those— Army is being recognized at the New grown children, that he could ever talk including, but not limited to, Ameri- Orleans Museum of Art. Soldier’s art is about his service to this great country, cans, but especially Americans—who on display depicting many watercolor share his stories, share his experiences, risked their lives to defend our free- portraits, as well as graphite portraits, share his fight to keep the freedoms all doms. of civilians, soldiers, and refugees dur- In particular, I come today to recog- of us take for granted every day. ing World War II. It is a legacy that nize a special group of dedicated sol- Mr. Wilson’s story only gives a snap- our great State now gets to honor. diers. You probably have not heard of shot of the sacrifices and honorable Specifically, I want to recognize six them, but they are referred to as the work these men of the Ghost Army brave men from Louisiana, my State, Ghost Army—the Ghost Army. This is gave to the Allied forces victory. And I, who were members of the Ghost Army. a unit that served in World War II. It for one—and I know all Americans join Hilton Howell Railey of New Orleans is was comprised of the 23rd Headquarters me—thank them for their service and a prominent journalist and the author Special Troops and the 3133rd Signal for the freedoms they protected. Service Company. The personnel of this of ‘‘Touch’d with Madness.’’ He re- I am proud of this Ghost Army legis- U.S. Army unit were handpicked. They cruited several of the handpicked 23rd. lation, and I hope to see it move for- were handpicked for their artistic and Mr. Railey trained and deployed the ward and pass so that these fine Ameri- creative characteristics, and you will 3133rd Signal Service Company, which cans can receive the recognition they see why in just a moment. served in Italy. have long deserved. They handled top secret information, There is Jim Stegg of New Orleans, a God bless the members of the Ghost and they were among some of Amer- longtime faculty member at Tulane. Army. And if you are listening, Mr. ica’s most promising artists, engineers, He was an artist; in fact, there is a ret- Wilson, God bless you. rospective of his work at the New Orle- and signals professionals. The mission f of the Ghost Army was very simple: ans Museum of Art’s Ghost Army ex- Fool Adolph Hitler—fool Adolph Hitler hibit. RECESS by using what was called tactical de- Also, there is Mr. Murphy P. Martin, of St. Martinville, LA; Mr. Thomas L. Mr. KENNEDY. Mr. President, I ask ception. The Ghost Army’s deceptive unanimous consent that the Senate re- creation of fake battles, inflatable Raggio, of Lake Charles, LA; Mr. Roy L. Ravia, of Calcasieu Parish, in my cess until 2:15 p.m. tanks, theatrical props, and other in- There being no objection, the Senate, ventive equipment falsified troop State; Mr. Alvin J. Picard, of at 12:01 p.m., recessed until 2:15 p.m. movements, and had our enemies chas- Vermilion Parish; and last but cer- and reassembled when called to order ing ghosts—hence the name the Ghost tainly not least, Mr. Anderson B. Wil- by the Presiding Officer (Mr. Army. son, of Slidell, LA. Beginning in Normandy 2 weeks after Unfortunately, Mr. Wilson is the only PORTMAN). D-day and ending in the Rhine River Ghost Army solder still alive in Lou- f Valley, the Ghost Army staged over 20 isiana. I had the rare privilege and the fake battles—fake battlefield decep- rare honor of speaking with Mr. Wilson EXECUTIVE CALENDAR—Continued tions. The German Army did not know this morning. In December of 1943, The PRESIDING OFFICER. Under whether they were coming or going, President Roosevelt authorized the the previous order, the question is, Will thanks to the Ghost Army. These per- Ghost Army unit. Only 2 weeks later, the Senate advise and consent to the formances, of course, were illusions. in January 1944, Mr. Wilson was on his Elwood nomination? They were called illusions by the sol- way to Camp Mack Morris, TN, to join Mr. WICKER. I ask for the yeas and diers. They occurred in the most dan- the Ghost Army. Who says the Federal nays. gerous spot in the war, on the frontline Government can’t move quickly when The PRESIDING OFFICER. Is there a of battle. it wants to? sufficient second? Now, without the Ghost Army’s dedi- Mr. Wilson trained there until May, There appears to be a sufficient sec- cation and fearless perseverance, Allied when his unit was shipped out of New ond. successes at the Battle of the Bulge York to Liverpool, England. It was the The clerk will call the roll. and the final battles in Po Valley, largest convoy that at the time had The assistant bill clerk called the Italy, would not have been possible. ever crossed the Atlantic Ocean. From roll. The 23rd unit was composed of only there, Mr. Wilson and his team trav- The result was announced—yeas 67, 1,184 men—1,200 men. They put them- eled more than any other unit. From nays 33, as follows: selves at risk every day at the fore- England they went to France. They [Rollcall Vote No. 139 Ex.] front of danger, and they fought tire- went to Belgium. They went to Hol- lessly. They used ingenious, innovative land. They went to Luxembourg, and YEAS—67 methods to mislead the enemy, ulti- they went to Germany. Alexander Cassidy Daines Barrasso Cochran Donnelly mately leading the Allies to many vic- Mr. Wilson and his comrades fought Bennet Collins Duckworth tories in Europe. Because of their brav- fearlessly through the war’s end as Blunt Corker Enzi ery, because of the bravery of the 1,200 members of the Ghost Army. In July Boozman Cornyn Ernst men in the Ghost Army, up to 30,000 1945, Mr. Wilson finally came home. Burr Cortez Masto Feinstein Capito Cotton Fischer American soldiers and 10,000 German However, while he came home safely, Carper Crapo Flake soldiers were able to return home alive. he could not even disclose, he couldn’t Casey Cruz Gardner

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.015 S06JNPT1 June 6, 2017 CONGRESSIONAL RECORD — SENATE S3261 Graham Lee Rubio Sec. 203. Reduction of benefits for Department ‘‘(F) Recording, tracking, reviewing, and con- Grassley Manchin Sasse of Veterans Affairs employees firming implementation of recommendations Harris McCain Scott convicted of certain crimes. from audits and investigations carried out by Hatch McCaskill Shelby Sec. 204. Authority to recoup bonuses or awards Heitkamp McConnell the Inspector General of the Department, the Strange paid to employees of Department Medical Inspector of the Department, the Spe- Hoeven Moran Sullivan of Veterans Affairs. cial Counsel, and the Comptroller General of the Inhofe Murkowski Thune Sec. 205. Authority to recoup relocation ex- Isakson Murphy Tillis United States, including the imposition of dis- Johnson Nelson Toomey penses paid to or on behalf of em- ciplinary actions and other corrective actions Kaine Perdue Warner ployees of Department of Veterans contained in such recommendations. Kennedy Portman Wicker Affairs. ‘‘(G) Analyzing data from the Office and the King Risch Sec. 206. Time period for response to notice of Klobuchar Roberts Young Office of Inspector General telephone hotlines, Lankford Rounds adverse actions against super- other whistleblower disclosures, disaggregated visory employees who commit pro- by facility and area of health care if appro- NAYS—33 hibited personnel actions. priate, and relevant audits and investigations to Baldwin Heinrich Sanders Sec. 207. Direct hiring authority for medical identify trends and issue reports to the Sec- Blumenthal Heller Schatz center directors and VISN direc- retary based on analysis conducted under this Booker Hirono Schumer tors. subparagraph. Brown Leahy Shaheen Sec. 208. Time periods for review of adverse ac- ‘‘(H) Receiving, reviewing, and investigating Cantwell Markey Stabenow tions with respect to certain em- Cardin Menendez Tester allegations of misconduct, retaliation, or poor Coons Merkley Udall ployees. performance involving— Durbin Murray Van Hollen Sec. 209. Improvement of training for super- ‘‘(i) an individual in a senior executive posi- Franken Paul Warren visors. tion (as defined in section 713(d) of this title) in Gillibrand Peters Whitehouse Sec. 210. Assessment and report on effect on the Department; Hassan Reed Wyden senior executives at Department ‘‘(ii) an individual employed in a confidential, The nomination was confirmed. of Veterans Affairs. policy-making, policy-determining, or policy-ad- The PRESIDING OFFICER. Under Sec. 211. Measurement of Department of Vet- vocating position in the Department; or the previous order, the motion to re- erans Affairs disciplinary process ‘‘(iii) a supervisory employee, if the allegation consider is considered made and laid outcomes and effectiveness. involves retaliation against an employee for upon the table and the President will TITLE I—OFFICE OF ACCOUNTABILITY making a whistleblower disclosure. be immediately notified of the Senate’s AND WHISTLEBLOWER PROTECTION ‘‘(I) Making such recommendations to the Sec- action. SEC. 101. ESTABLISHMENT OF OFFICE OF AC- retary for disciplinary action as the Assistant COUNTABILITY AND WHISTLE- Secretary considers appropriate after substan- f BLOWER PROTECTION. tiating any allegation of misconduct or poor LEGISLATIVE SESSION (a) IN GENERAL.—Chapter 3 of title 38, United performance pursuant to an investigation car- States Code, is amended by adding at the end ried out as described in subparagraph (F) or the following new section: (H). DEPARTMENT OF VETERANS AF- ‘‘§ 323. Office of Accountability and Whistle- ‘‘(2) In carrying out the functions of the Of- FAIRS ACCOUNTABILITY AND blower Protection fice, the Assistant Secretary shall ensure that the Office maintains a toll-free telephone num- WHISTLEBLOWER PROTECTION ‘‘(a) ESTABLISHMENT.—There is established in ber and Internet website to receive anonymous ACT OF 2017 the Department an office to be known as the ‘Office of Accountability and Whistleblower whistleblower disclosures. The PRESIDING OFFICER. Under Protection’ (in this section referred to as the ‘‘(3) In any case in which the Assistant Sec- the previous order, the Senate will re- ‘Office’). retary receives a whistleblower disclosure from sume legislative session and proceed to ‘‘(b) HEAD OF OFFICE.—(1) The head of the an employee of the Department under para- the consideration of S. 1094, which the Office shall be responsible for the functions of graph (1)(C), the Assistant Secretary may not clerk will report. the Office and shall be appointed by the Presi- disclose the identity of the employee without the The senior assistant legislative clerk dent pursuant to section 308(a) of this title. consent of the employee, except in accordance with the provisions of section 552a of title 5, or read as follows: ‘‘(2) The head of the Office shall be known as the ‘Assistant Secretary for Accountability and as required by any other applicable provision of A bill (S. 1094) to amend title 38, United Federal law. States Code, to improve the accountability Whistleblower Protection’. ‘‘(3) The Assistant Secretary shall report di- ‘‘(d) STAFF AND RESOURCES.—The Secretary of employees of the Department of Veterans shall ensure that the Assistant Secretary has Affairs, and for other purposes. rectly to the Secretary on all matters relating to the Office. such staff, resources, and access to information Thereupon, the Senate proceeded to ‘‘(4) Notwithstanding section 308(b) of this as may be necessary to carry out the functions consider the bill, which had been re- title, the Secretary may only assign to the As- of the Office. ported from the Committee on Vet- sistant Secretary responsibilities relating to the ‘‘(e) RELATION TO OFFICE OF GENERAL COUN- erans’ Affairs, with an amendment to functions of the Office set forth in subsection SEL.—The Office shall not be established as an strike all after the enacting clause and (c). element of the Office of the General Counsel and insert in lieu thereof the following: ‘‘(c) FUNCTIONS.—(1) The functions of the Of- the Assistant Secretary may not report to the fice are as follows: General Counsel. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ‘‘(A) Advising the Secretary on all matters of ‘‘(f) REPORTS.—(1)(A) Not later than June 30 (a) SHORT TITLE.—This Act may be cited as the Department relating to accountability, in- of each calendar year, beginning with June 30, the ‘‘Department of Veterans Affairs Account- cluding accountability of employees of the De- 2017, the Assistant Secretary shall submit to the ability and Whistleblower Protection Act of partment, retaliation against whistleblowers, Committee on Veterans’ Affairs of the Senate 2017’’. and such matters as the Secretary considers and the Committee on Veterans’ Affairs of the (b) TABLE OF CONTENTS.—The table of con- similar and affect public trust in the Depart- House of Representatives a report on the activi- tents for this Act is as follows: ment. ties of the Office during the calendar year in Sec. 1. Short title; table of contents. ‘‘(B) Issuing reports and providing rec- which the report is submitted. TITLE I—OFFICE OF ACCOUNTABILITY ommendations related to the duties described in ‘‘(B) Each report submitted under subpara- AND WHISTLEBLOWER PROTECTION subparagraph (A). graph (A) shall include, for the period covered Sec. 101. Establishment of Office of Account- ‘‘(C) Receiving whistleblower disclosures. by the report, the following: ability and Whistleblower Protec- ‘‘(D) Referring whistleblower disclosures re- ‘‘(i) A full and substantive analysis of the ac- tion. ceived under subparagraph (C) for investigation tivities of the Office, including such statistical Sec. 102. Protection of whistleblowers in De- to the Office of the Medical Inspector, the Office information as the Assistant Secretary considers partment of Veterans Affairs. of Inspector General, or other investigative enti- appropriate. Sec. 103. Report on methods used to investigate ty, as appropriate, if the Assistant Secretary has ‘‘(ii) Identification of any issues reported to employees of Department of Vet- reason to believe the whistleblower disclosure is the Secretary under subsection (c)(1)(G), includ- erans Affairs. evidence of a violation of a provision of law, ing such data as the Assistant Secretary con- TITLE II—ACCOUNTABILITY OF SENIOR mismanagement, gross waste of funds, abuse of siders relevant to such issues and any trends the EXECUTIVES, SUPERVISORS, AND OTHER authority, or a substantial and specific danger Assistant Secretary may have identified with re- EMPLOYEES to public health and safety. spect to such issues. Sec. 201. Improved authorities of Secretary of ‘‘(E) Receiving and referring disclosures from ‘‘(iii) Identification of such concerns as the Veterans Affairs to improve ac- the Special Counsel for investigation to the Assistant Secretary may have regarding the size, countability of senior executives. Medical Inspector of the Department, the In- staffing, and resources of the Office and such Sec. 202. Improved authorities of Secretary of spector General of the Department, or such recommendations as the Assistant Secretary may Veterans Affairs to improve ac- other person with investigatory authority, as have for legislative or administrative action to countability of employees. the Assistant Secretary considers appropriate. address such concerns.

VerDate Sep 11 2014 03:25 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 6333 E:\CR\FM\A06JN6.002 S06JNPT1 S3262 CONGRESSIONAL RECORD — SENATE June 6, 2017 ‘‘(iv) Such recommendations as the Assistant ‘‘§ 733. Training regarding whistleblower dis- with section 732 or with’’ and inserting ‘‘disclo- Secretary may have for legislative or adminis- closures sure made to the Assistant Secretary for Ac- trative action to improve— ‘‘(a) TRAINING.—Not less frequently than once countability and Whistleblower Protection,’’; ‘‘(I) the process by which concerns are re- every two years, the Secretary, in coordination and ported to the Office; and with the Whistleblower Protection Ombudsman (B) in paragraph (2), by striking ‘‘through ‘‘(II) the protection of whistleblowers within designated under section 3(d)(1)(C) of the In- (F)’’ and inserting ‘‘through (E)’’; and the Department. spector General Act of 1978 (5 U.S.C. App.), (2) by adding at the end the following new ‘‘(v) Such other matters as the Assistant Sec- shall provide to each employee of the Depart- subsection: retary considers appropriate regarding the func- ment training regarding whistleblower disclo- ‘‘(d) WHISTLEBLOWER DISCLOSURE DEFINED.— tions of the Office or other matters relating to sures, including— In this section, the term ‘whistleblower disclo- the Office. ‘‘(1) an explanation of each method estab- sure’ has the meaning given such term in section ‘‘(2) If the Secretary receives a recommenda- lished by law in which an employee may file a 323(g) of this title.’’. tion for disciplinary action under subsection whistleblower disclosure; SEC. 103. REPORT ON METHODS USED TO INVES- (c)(1)(I) and does not take or initiate the rec- ‘‘(2) the right of the employee to petition Con- TIGATE EMPLOYEES OF DEPART- MENT OF VETERANS AFFAIRS. ommended disciplinary action before the date gress regarding a whistleblower disclosure in ac- (a) REPORT REQUIRED.—Not later than 540 that is 60 days after the date on which the Sec- cordance with section 7211 of title 5; days after the date of the enactment of this Act, retary received the recommendation, the Sec- ‘‘(3) an explanation that the employee may the Assistant Secretary for Accountability and retary shall submit to the Committee on Vet- not be prosecuted or reprised against for dis- Whistleblower Protection shall submit to the erans’ Affairs of the Senate and the Committee closing information to Congress, the Inspector Secretary of Veterans Affairs, the Committee on on Veterans’ Affairs of the House of Representa- General, or another investigatory agency in in- Veterans’ Affairs of the Senate, and the Com- tives a detailed justification for not taking or stances where such disclosure is permitted by mittee on Veterans’ Affairs of the House of Rep- initiating such disciplinary action. law, including under sections 5701, 5705, and resentatives a report on methods used to inves- ‘‘(g) DEFINITIONS.—In this section: 7732 of this title, under section 552a of title 5 tigate employees of the Department of Veterans ‘‘(1) The term ‘supervisory employee’ means (commonly referred to as the Privacy Act), Affairs and whether such methods are used to an employee of the Department who is a super- under chapter 93 of title 18, and pursuant to retaliate against whistleblowers. visor as defined in section 7103(a) of title 5. regulations promulgated under section 264(c) of (b) CONTENTS.—The report required by sub- ‘‘(2) The term ‘whistleblower’ means one who the Health Insurance Portability and Account- ability Act of 1996 (Public Law 104–191); section (a) shall include the following: makes a whistleblower disclosure. (1) An assessment of the use of administrative ‘‘(3) The term ‘whistleblower disclosure’ means ‘‘(4) an explanation of the language that is re- quired to be included in all nondisclosure poli- investigation boards, peer review, searches of any disclosure of information by an employee of medical records, and other methods for inves- the Department or individual applying to be- cies, forms, and agreements pursuant to section 115(a)(1) of the Whistleblower Protection En- tigating employees of the Department. come an employee of the Department which the (2) A determination of whether and to what hancement Act of 2012 (5 U.S.C. 2302 note); and employee or individual reasonably believes evi- degree the methods described in paragraph (1) dences— ‘‘(5) the right of contractors to be protected from reprisal for the disclosure of certain infor- are being used to retaliate against whistle- ‘‘(A) a violation of a provision of law; or blowers. ‘‘(B) gross mismanagement, a gross waste of mation under section 4705 or 4712 of title 41. ‘‘(b) MANNER TRAINING IS PROVIDED.—The (3) Recommendations for legislative or admin- funds, an abuse of authority, or a substantial Secretary shall ensure, to the maximum extent istrative action to implement safeguards to pre- and specific danger to public health or safety.’’. practicable, that training provided under sub- vent the retaliation described in paragraph (2). (b) CONFORMING AMENDMENT.—Section 308(b) HISTLEBLOWER DEFINED.—In this sec- section (a) is provided in person. (c) W of such title is amended by adding at the end ‘‘(c) CERTIFICATION.—Not less frequently than tion, the term ‘‘whistleblower’’ has the meaning the following new paragraph: once every two years, the Secretary shall pro- given such term in section 323 of title 38, United ‘‘(12) The functions set forth in section 323(c) vide training on merit system protection in a States Code, as added by section 101. of this title.’’. manner that the Special Counsel certifies as TITLE II—ACCOUNTABILITY OF SENIOR (c) CLERICAL AMENDMENT.—The table of sec- being satisfactory. EXECUTIVES, SUPERVISORS, AND tions at the beginning of chapter 3 of such title ‘‘(d) PUBLICATION.—The Secretary shall pub- OTHER EMPLOYEES is amended by adding at the end the following lish on the Internet website of the Department, SEC. 201. IMPROVED AUTHORITIES OF SEC- new item: and display prominently at each facility of the RETARY OF VETERANS AFFAIRS TO ‘‘323. Office of Accountability and Whistle- Department, the rights of an employee to make IMPROVE ACCOUNTABILITY OF SEN- blower Protection.’’. a whistleblower disclosure, including the infor- IOR EXECUTIVES. (a) IN GENERAL.—Section 713 of title 38, SEC. 102. PROTECTION OF WHISTLEBLOWERS IN mation described in paragraphs (1) through (5) DEPARTMENT OF VETERANS AF- of subsection (a). United States Code, is amended to read as fol- FAIRS. ‘‘(e) WHISTLEBLOWER DISCLOSURE DEFINED.— lows: (a) IN GENERAL.—Subchapter II of chapter 7 In this section, the term ‘whistleblower disclo- ‘‘§ 713. Senior executives: removal, demotion, of title 38, United States Code, is amended by— sure’ has the meaning given such term in section or suspension based on performance or mis- (1) striking sections 731, 732, 734, 735, and 736; 323 of this title.’’. conduct (2) by redesignating section 733 as section 731; (b) CLERICAL AMENDMENTS.—The table of sec- ‘‘(a) AUTHORITY.—(1) The Secretary may, as and tions at the beginning of such chapter is amend- provided in this section, reprimand or suspend, (3) by adding at the end the following new ed— involuntarily reassign, demote, or remove a cov- sections: (1) by striking the items relating to sections ered individual from a senior executive position 731 through 736; and at the Department if the Secretary determines ‘‘§ 732. Protection of whistleblowers as criteria (2) by adding at the end the following new in evaluation of supervisors that the misconduct or performance of the cov- items: ered individual warrants such action. ‘‘(a) DEVELOPMENT AND USE OF CRITERIA RE- ‘‘731. Adverse actions against supervisory em- ‘‘(2) If the Secretary so removes such an indi- QUIRED.—The Secretary, in consultation with ployees who commit prohibited vidual, the Secretary may remove the individual the Assistant Secretary of Accountability and personnel actions relating to from the civil service (as defined in section 2101 Whistleblower Protection, shall develop criteria whistleblower complaints. of title 5). that— ‘‘732. Protection of whistleblowers as criteria in ‘‘(b) RIGHTS AND PROCEDURES.—(1) A covered ‘‘(1) the Secretary shall use as a critical ele- evaluation of supervisors. individual who is the subject of an action under ment in any evaluation of the performance of a ‘‘733. Training regarding whistleblower disclo- subsection (a) is entitled to— supervisory employee; and sures.’’. ‘‘(A) advance notice of the action; ‘‘(2) promotes the protection of whistleblowers. (c) CONFORMING AMENDMENTS.—Section 731 of ‘‘(B) be represented by an attorney or other ‘‘(b) PRINCIPLES FOR PROTECTION OF WHISTLE- such title, as redesignated by subsection (a)(2), representative of the covered individual’s BLOWERS.—The criteria required by subsection is amended— choice; and (a) shall include principles for the protection of (1) in subsection (c)— ‘‘(C) grieve the action in accordance with an whistleblowers, such as the degree to which su- (A) in paragraph (1)— internal grievance process that the Secretary, in pervisory employees respond constructively (i) by striking subparagraphs (A) and (B) and consultation with the Assistant Secretary for when employees of the Department report con- inserting the following: Accountability and Whistleblower Protection, cerns, take responsible action to resolve such ‘‘(A) making a whistleblower disclosure to the shall establish for purposes of this subsection. concerns, and foster an environment in which Assistant Secretary for Accountability and ‘‘(2)(A) The aggregate period for notice, re- employees of the Department feel comfortable re- Whistleblower Protection, the Inspector General sponse, and decision on an action under sub- porting concerns to supervisory employees or to of the Department, the Special Counsel, or Con- section (a) may not exceed 15 business days. the appropriate authorities. gress;’’; and ‘‘(B) The period for the response of a covered ‘‘(c) SUPERVISORY EMPLOYEE AND WHISTLE- (ii) by redesignating subparagraphs (C) individual to a notice under paragraph (1)(A) of BLOWER DEFINED.—In this section, the terms through (F) as subparagraphs (B) through (E), an action under subsection (a) shall be 7 busi- ‘supervisory employee’ and ‘whistleblower’ have respectively; and ness days. the meanings given such terms in section 323 of (iii) in subparagraph (B), as redesignated by ‘‘(C) A decision under this paragraph on an this title. clause (ii), by striking ‘‘complaint in accordance action under subsection (a) shall be issued not

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 6333 E:\CR\FM\A06JN6.003 S06JNPT1 June 6, 2017 CONGRESSIONAL RECORD — SENATE S3263 later than 15 business days after notice of the individual is qualified, that the Secretary deter- ‘‘(C) Notwithstanding title 5 or any other pro- action is provided to the covered individual mines is appropriate, and that reduces the an- vision of law, if the decision of the Secretary is under paragraph (1)(A). The decision shall be in nual rate of pay of the covered individual; or supported by substantial evidence, the Merit writing, and shall include the specific reasons ‘‘(C) suspend the covered individual. Systems Protection Board shall not mitigate the therefor. ‘‘(b) PAY OF CERTAIN DEMOTED INDIVID- penalty prescribed by the Secretary. ‘‘(3) The Secretary shall ensure that the griev- UALS.—(1) Notwithstanding any other provision ‘‘(4) In any case in which the administrative ance process established under paragraph (1)(C) of law, any covered individual subject to a de- judge cannot issue a decision in accordance takes fewer than 21 days. motion under subsection (a)(2) shall, beginning with the 180-day requirement under paragraph ‘‘(4) A decision under paragraph (2) that is on the date of such demotion, receive the an- (1), the Merit Systems Protection Board shall, not grieved, and a grievance decision under nual rate of pay applicable to such grade. not later than 14 business days after the expira- paragraph (3), shall be final and conclusive. ‘‘(2)(A) A covered individual so demoted may tion of the 180-day period, submit to the Com- ‘‘(5) A covered individual adversely affected not be placed on administrative leave during the mittee on Veterans’ Affairs of the Senate and by a decision under paragraph (2) that is not period during which an appeal (if any) under the Committee on Veterans’ Affairs of the House grieved, or by a grievance decision under para- this section is ongoing, and may only receive of Representatives a report that explains the graph (3), may obtain judicial review of such pay if the covered individual reports for duty or reasons why a decision was not issued in ac- decision. is approved to use accrued unused annual, sick, cordance with such requirement. ‘‘(6) In any case in which judicial review is family medical, military, or court leave. ‘‘(5)(A) A decision of the Merit Systems Pro- sought under paragraph (5), the court shall re- ‘‘(B) If a covered individual so demoted does tection Board under paragraph (3) may be ap- view the record and may set aside any Depart- not report for duty or receive approval to use pealed to the United States Court of Appeals for ment action found to be— accrued unused leave, such covered individual the Federal Circuit pursuant to section 7703 of ‘‘(A) arbitrary, capricious, an abuse of discre- shall not receive pay or other benefits pursuant title 5 or to any court of appeals of competent tion, or otherwise not in accordance with a pro- to subsection (d)(5). jurisdiction pursuant to subsection (b)(1)(B) of vision of law; ‘‘(c) PROCEDURE.—(1)(A) The aggregate period such section. ‘‘(B) obtained without procedures required by for notice, response, and final decision in a re- ‘‘(B) Any decision by such Court shall be in a provision of law having been followed; or moval, demotion, or suspension under this sec- compliance with section 7462(f)(2) of this title. ‘‘(C) unsupported by substantial evidence. tion may not exceed 15 business days. ‘‘(6) The Merit Systems Protection Board may ‘‘(c) RELATION TO OTHER PROVISIONS OF ‘‘(B) The period for the response of a covered not stay any removal or demotion under this LAW.—Section 3592(b)(1) of title 5 and the proce- individual to a notice of a proposed removal, de- section, except as provided in section 1214(b) of dures under section 7543(b) of such title do not motion, or suspension under this section shall be title 5. apply to an action under subsection (a). 7 business days. ‘‘(7) During the period beginning on the date ‘‘(d) DEFINITIONS.—In this section: ‘‘(C) Paragraph (3) of subsection (b) of section on which a covered individual appeals a re- ‘‘(1) The term ‘covered individual’ means— 7513 of title 5 shall apply with respect to a re- moval from the civil service under subsection (c) ‘‘(A) a career appointee (as that term is de- moval, demotion, or suspension under this sec- and ending on the date that the United States fined in section 3132(a)(4) of title 5); or tion. Court of Appeals for the Federal Circuit issues ‘‘(B) any individual who occupies an adminis- ‘‘(D) The procedures in this subsection shall a final decision on such appeal, such covered trative or executive position and who was ap- supersede any collective bargaining agreement individual may not receive any pay, awards, bo- pointed under section 7306(a), section 7401(1), or to the extent that such agreement is inconsistent nuses, incentives, allowances, differentials, stu- section 7401(4) of this title. with such procedures. dent loan repayments, special payments, or ben- ‘‘(2) The term ‘misconduct’ includes neglect of ‘‘(2) The Secretary shall issue a final decision efits related to the employment of the individual duty, malfeasance, or failure to accept a di- with respect to a removal, demotion, or suspen- by the Department. rected reassignment or to accompany a position sion under this section not later than 15 busi- ‘‘(8) To the maximum extent practicable, the in a transfer of function. ness days after the Secretary provides notice, in- Secretary shall provide to the Merit Systems ‘‘(3) The term ‘senior executive position’ cluding a file containing all the evidence in sup- Protection Board such information and assist- means— port of the proposed action, to the covered indi- ance as may be necessary to ensure an appeal ‘‘(A) with respect to a career appointee (as vidual of the removal, demotion, or suspension. under this subsection is expedited. that term is defined in section 3132(a) of title 5), The decision shall be in writing and shall in- ‘‘(9) If an employee prevails on appeal under a Senior Executive Service position (as such clude the specific reasons therefor. this section, the employee shall be entitled to term is defined in such section); and ‘‘(3) The procedures under chapter 43 of title backpay (as provided in section 5596 of title 5). ‘‘(B) with respect to a covered individual ap- 5 shall not apply to a removal, demotion, or sus- ‘‘(10) If an employee who is subject to a collec- pointed under section 7306(a) or section 7401(1) pension under this section. tive bargaining agreement chooses to grieve an of this title, an administrative or executive posi- ‘‘(4)(A) Subject to subparagraph (B) and sub- action taken under this section through a griev- tion.’’. section (d), any removal or demotion under this ance procedure provided under the collective (b) CONFORMING AMENDMENT.—Section section, and any suspension of more than 14 bargaining agreement, the timelines and proce- 7461(c)(1) of such title is amended by inserting days under this section, may be appealed to the dures set forth in subsection (c) and this sub- ‘‘employees in senior executive positions (as de- Merit Systems Protection Board, which shall section shall apply. fined in section 713(d) of this title) and’’ before refer such appeal to an administrative judge ‘‘(e) WHISTLEBLOWER PROTECTION.—(1) In the ‘‘interns’’. pursuant to section 7701(b)(1) of title 5. case of a covered individual seeking corrective (c) CLERICAL AMENDMENT.—The table of sec- ‘‘(B) An appeal under subparagraph (A) of a action (or on behalf of whom corrective action is tions at the beginning of chapter 7 of such title removal, demotion, or suspension may only be sought) from the Office of Special Counsel based is amended by striking the item relating to sec- made if such appeal is made not later than 10 on an alleged prohibited personnel practice de- tion 713 and inserting the following new item: business days after the date of such removal, de- scribed in section 2302(b) of title 5, the Secretary motion, or suspension. may not remove, demote, or suspend such cov- ‘‘713. Senior executives: removal, demotion, or ‘‘(d) EXPEDITED REVIEW.—(1) Upon receipt of ered individual under subsection (a) without the suspension based on performance an appeal under subsection (c)(4)(A), the ad- approval of the Special Counsel under section or misconduct.’’. ministrative judge shall expedite any such ap- 1214(f) of title 5. SEC. 202. IMPROVED AUTHORITIES OF SEC- peal under section 7701(b)(1) of title 5 and, in ‘‘(2) In the case of a covered individual who RETARY OF VETERANS AFFAIRS TO any such case, shall issue a final and complete has made a whistleblower disclosure to the As- IMPROVE ACCOUNTABILITY OF EM- sistant Secretary for Accountability and Whis- PLOYEES. decision not later than 180 days after the date tleblower Protection, the Secretary may not re- (a) IN GENERAL.—Subchapter I of chapter 7 of of the appeal. ‘‘(2)(A) Notwithstanding section 7701(c)(1)(B) move, demote, or suspend such covered indi- title 38, United States Code, is amended by in- of title 5, the administrative judge shall uphold vidual under subsection (a) until— serting after section 713 the following new sec- the decision of the Secretary to remove, demote, ‘‘(A) in the case in which the Assistant Sec- tion: or suspend an employee under subsection (a) if retary determines to refer the whistleblower dis- ‘‘§ 714. Employees: removal, demotion, or sus- the decision is supported by substantial evi- closure under section 323(c)(1)(D) of this title to pension based on performance or mis- dence. an office or other investigative entity, a final conduct ‘‘(B) Notwithstanding title 5 or any other pro- decision with respect to the whistleblower dis- ‘‘(a) IN GENERAL.—(1) The Secretary may re- vision of law, if the decision of the Secretary is closure has been made by such office or other move, demote, or suspend a covered individual supported by substantial evidence, the adminis- investigative entity; or who is an employee of the Department if the trative judge shall not mitigate the penalty pre- ‘‘(B) in the case in which the Assistant Sec- Secretary determines the performance or mis- scribed by the Secretary. retary determines not to the refer the whistle- conduct of the covered individual warrants such ‘‘(3)(A) The decision of the administrative blower disclosure under such section, the Assist- removal, demotion, or suspension. judge under paragraph (1) may be appealed to ant Secretary makes such determination. ‘‘(2) If the Secretary so removes, demotes, or the Merit Systems Protection Board. ‘‘(f) TERMINATION OF INVESTIGATIONS BY OF- suspends such a covered individual, the Sec- ‘‘(B) Notwithstanding section 7701(c)(1)(B) of FICE OF SPECIAL COUNSEL.—(1) Notwithstanding retary may— title 5, the Merit Systems Protection Board shall any other provision of law, the Special Counsel ‘‘(A) remove the covered individual from the uphold the decision of the Secretary to remove, (established by section 1211 of title 5) may termi- civil service (as defined in section 2101 of title 5); demote, or suspend an employee under sub- nate an investigation of a prohibited personnel ‘‘(B) demote the covered individual by means section (a) if the decision is supported by sub- practice alleged by an employee or former em- of a reduction in grade for which the covered stantial evidence. ployee of the Department after the Special

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 6333 E:\CR\FM\A06JN6.003 S06JNPT1 S3264 CONGRESSIONAL RECORD — SENATE June 6, 2017 Counsel provides to the employee or former em- dividual under chapter 83 or chapter 84 of title amounts which (but for this subsection) would ployee a written statement of the reasons for the 5, if— otherwise have been nonpayable by reason of termination of the investigation. ‘‘(A) the Secretary determines that the indi- such subsections. ‘‘(2) Such statement may not be admissible as vidual is convicted of a felony (and the convic- ‘‘(2) Regulations prescribed under paragraph evidence in any judicial or administrative pro- tion is final) that influenced the individual’s (1) shall be consistent with the requirements of ceeding without the consent of such employee or performance while employed in the position; and section 8332(o)(5) and 8411(l)(5) of title 5, as the former employee. ‘‘(B) before such order is made, the individual case may be. ‘‘(g) VACANCIES.—In the case of a covered in- is afforded— ‘‘(f) DEFINITIONS.—In this section: dividual who is removed or demoted under sub- ‘‘(i) notice of the proposed order; and ‘‘(1) The term ‘covered service’ means, with re- section (a), to the maximum extent feasible, the ‘‘(ii) an opportunity to respond to the pro- spect to an individual subject to a removal for Secretary shall fill the vacancy arising as a re- posed order by not later than ten business days performance or misconduct under section 719 or sult of such removal or demotion. following receipt of such notice; and 7461 of this title or any other provision of law, ‘‘(h) DEFINITIONS.—In this section: ‘‘(C) the Secretary issues the order— the period of service beginning on the date that ‘‘(1) The term ‘covered individual’ means an ‘‘(i) in the case of a proposed order to which the Secretary determines under such applicable individual occupying a position at the Depart- an individual responds under subparagraph provision that the individual engaged in activity ment, but does not include— (B)(ii), not later than five business days after that gave rise to such action and ending on the ‘‘(A) an individual occupying a senior execu- receiving the response of the individual; or date that the individual is removed from or tive position (as defined in section 713(d) of this ‘‘(ii) in the case of a proposed order to which leaves a position of employment at the Depart- title); an individual does not respond, not later than ment prior to the issuance of a final decision ‘‘(B) an individual appointed pursuant to sec- 15 business days after the Secretary provides no- with respect to such action. tions 7306, 7401(1), 7401(4), or 7405 of this title; tice to the individual under subparagraph ‘‘(2) The term ‘lump-sum credit’ has the mean- ‘‘(C) an individual who has not completed a (B)(i). ing given such term in section 8331(8) or section probationary or trial period; or ‘‘(2) Any individual with respect to whom an 8401(19) of title 5, as the case may be. ‘‘(D) a political appointee. annuity is reduced under this subsection may ‘‘(3) The term ‘service’ has the meaning given ‘‘(2) The term ‘suspend’ means the placing of appeal the reduction to the Director of the Of- such term in section 8331(12) or section 8401(26) an employee, for disciplinary reasons, in a tem- fice of Personnel Management pursuant to such of title 5, as the case may be.’’. porary status without duties and pay for a pe- regulations as the Director may prescribe for (2) CLERICAL AMENDMENT.—The table of sec- riod in excess of 14 days. purposes of this subsection. tions at the beginning of chapter 7 of such title ‘‘(3) The term ‘grade’ has the meaning given ‘‘(b) REDUCTION OF ANNUITY FOR RETIRED EM- is amended by inserting after the item relating such term in section 7511(a) of title 5. PLOYEE.—(1) The Secretary may order that the to section 717 the following new item: ‘‘(4) The term ‘misconduct’ includes neglect of covered service of an individual who the Sec- ‘‘719. Reduction of benefits of employees con- duty, malfeasance, or failure to accept a di- retary proposes to remove for performance or victed of certain crimes.’’. misconduct under section 713, 714, or 7461 of this rected reassignment or to accompany a position (b) APPLICATION.—Section 719 of title 38, in a transfer of function. title or any other provision of law but who United States Code, as added by subsection ‘‘(5) The term ‘political appointee’ means an leaves employment at the Department prior to (a)(1), shall apply to any action of removal of individual who is— the issuance of a final decision with respect to an employee of the Department of Veterans Af- ‘‘(A) employed in a position described under such action shall not be taken into account for fairs under section 719 or 7461 of such title or sections 5312 through 5316 of title 5 (relating to purposes of calculating an annuity with respect any other provision of law, commencing on or the Executive Schedule); to such individual under chapter 83 or chapter after the date of the enactment of this Act. ‘‘(B) a limited term appointee, limited emer- 84 of title 5, if— ‘‘(A) the Secretary determines that individual SEC. 204. AUTHORITY TO RECOUP BONUSES OR gency appointee, or noncareer appointee in the AWARDS PAID TO EMPLOYEES OF DE- Senior Executive Service, as defined under para- is convicted of a felony (and the conviction is PARTMENT OF VETERANS AFFAIRS. graphs (5), (6), and (7), respectively, of section final) that influenced the individual’s perform- (a) IN GENERAL.—Subchapter I of chapter 7 of 3132(a) of title 5; or ance while employed in the position; and title 38, United States Code, as amended by sec- ‘‘(C) employed in a position of a confidential ‘‘(B) before such order is made, the individual tion 203, is further amended by adding at the or policy-determining character under schedule is afforded— end the following new section: C of subpart C of part 213 of title 5, Code of Fed- ‘‘(i) notice of the proposed order; ‘‘§ 721. Recoupment of bonuses or awards paid eral Regulations, or successor regulation. ‘‘(ii) opportunity to respond to the proposed to employees of Department ‘‘(6) The term ‘whistleblower disclosure’ has order by not later than ten business days fol- the meaning given such term in section 323(g) of lowing receipt of such notice; and ‘‘(a) IN GENERAL.—Notwithstanding any other this title.’’. ‘‘(C) the Secretary issues the order— provision of law, the Secretary may issue an (b) CLERICAL AND CONFORMING AMEND- ‘‘(i) in the case of a proposed order to which order directing an employee of the Department MENTS.— an individual responds under subparagraph to repay the amount, or a portion of the (1) CLERICAL.—The table of sections at the be- (B)(ii), not later than five business days after amount, of any award or bonus paid to the em- ginning of chapter 7 of such title is amended by receiving the response of the individual; or ployee under title 5, including under chapters 45 inserting after the item relating to section 713 ‘‘(ii) in the case of a proposed order to which or 53 of such title, or this title if— the following new item: an individual does not respond, not later than ‘‘(1) the Secretary determines that the indi- 15 business days after the Secretary provides no- vidual engaged in misconduct or poor perform- ‘‘714. Employees: removal, demotion, or suspen- tice to the individual under subparagraph ance prior to payment of the award or bonus, sion based on performance or mis- (B)(i). and that such award or bonus would not have conduct.’’. ‘‘(2) Upon the issuance of an order by the Sec- been paid, in whole or in part, had the mis- (2) CONFORMING.—Section 4303(f) of title 5, retary under paragraph (1), the individual shall conduct or poor performance been known prior United States Code, is amended— have an opportunity to appeal the order to the to payment; and (A) in paragraph (2), by striking ‘‘or’’ at the Director of the Office of Personnel Management ‘‘(2) before such repayment, the employee is end; before the date that is seven business days after afforded— (B) in paragraph (3), by striking the period at the date of such issuance. ‘‘(A) notice of the proposed order; and the end and inserting ‘‘, or’’; and ‘‘(3) The Director of the Office of Personnel ‘‘(B) an opportunity to respond to the pro- (C) by adding at the end the following: Management shall make a final decision with posed order by not later than 10 business days ‘‘(4) any removal or demotion under section respect to an appeal under paragraph (2) within after the receipt of such notice; and 714 of title 38.’’. 30 business days of receiving the appeal. ‘‘(3) the Secretary issues the order— SEC. 203. REDUCTION OF BENEFITS FOR DEPART- ‘‘(c) ADMINISTRATIVE REQUIREMENTS.—Not ‘‘(A) in the case of a proposed order to which MENT OF VETERANS AFFAIRS EM- later than 37 business days after the Secretary an individual responds under paragraph (2)(B), PLOYEES CONVICTED OF CERTAIN issues a final order under subsection (a) or (b) not later than five business days after receiving CRIMES. with respect to an individual, the Director of the response of the individual; or (a) REDUCTION OF BENEFITS.— the Office of Personnel Management shall recal- ‘‘(B) in the case of a proposed order to which (1) IN GENERAL.—Subchapter I of chapter 7 of culate the annuity of the individual. an individual does not respond, not later than title 38, United States Code, is amended by add- ‘‘(d) LUMP-SUM ANNUITY CREDIT.—Any indi- 15 business days after the Secretary provides no- ing at the end the following new section: vidual with respect to whom an annuity is re- tice to the individual under paragraph (2)(A). ‘‘§ 719. Reduction of benefits of employees con- duced under subsection (a) or (b) shall be enti- ‘‘(b) APPEAL OF ORDER OF SECRETARY.—(1) victed of certain crimes tled to be paid so much of such individual’s Upon the issuance of an order by the Secretary ‘‘(a) REDUCTION OF ANNUITY FOR REMOVED lump-sum credit as is attributable to the period under subsection (a) with respect to an indi- EMPLOYEE.—(1) The Secretary shall order that of covered service. vidual, the individual shall have an opportunity the covered service of an employee of the De- ‘‘(e) SPOUSE OR CHILDREN EXCEPTION.—(1) to appeal the order to the Director of the Office partment removed from a position for perform- The Secretary, in consultation with the Director of Personnel Management before the date that is ance or misconduct under section 713, 714, or of the Office of Personnel Management, shall seven business days after the date of such 7461 of this title or any other provision of law prescribe regulations that may provide for the issuance. shall not be taken into account for purposes of payment to the spouse or children of any indi- ‘‘(2) The Director shall make a final decision calculating an annuity with respect to such in- vidual referred to in subsection (a) or (b) of any with respect to an appeal under paragraph (1)

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 6333 E:\CR\FM\A06JN6.003 S06JNPT1 June 6, 2017 CONGRESSIONAL RECORD — SENATE S3265 within 30 business days after receiving such ap- SEC. 206. TIME PERIOD FOR RESPONSE TO NO- (B) in subparagraph (B), by striking ‘‘30 peal.’’. TICE OF ADVERSE ACTIONS AGAINST days’’ and inserting ‘‘seven business days’’; and SUPERVISORY EMPLOYEES WHO (b) CLERICAL AMENDMENT.—The table of sec- (4) by adding at the end the following new COMMIT PROHIBITED PERSONNEL paragraphs: tions at the beginning of such chapter, as ACTIONS. ‘‘(5)(A) The aggregate period for the resolu- amended by section 203(a)(2), is further amend- Section 731(a)(2)(B) of title 38, United States tion of charges against an employee under this ed by inserting after the item relating to section Code, as redesignated by section 102(a)(2), is subsection may not exceed 15 business days. 719 the following new item: amended— ‘‘(B) The deciding official shall render a deci- ‘‘721. Recoupment of bonuses or awards paid to (1) in clause (i), by striking ‘‘14 days’’ and in- sion under paragraph (3) on charges under this employees of Department.’’. serting ‘‘10 days’’; and subsection not later than 15 business days after (2) in clause (ii), by striking ‘‘14-day period’’ (c) EFFECTIVE DATE.—Section 721 of title 38, the Under Secretary provides notice on the and inserting ‘‘10-day period’’. United States Code, as added by subsection (a), charges for purposes of paragraph (1)(A). shall apply with respect to an award or bonus SEC. 207. DIRECT HIRING AUTHORITY FOR MED- ‘‘(6) The procedures in this subsection shall paid by the Secretary of Veterans Affairs to an ICAL CENTER DIRECTORS AND VISN DIRECTORS. supersede any collective bargaining agreement employee of the Department of Veterans Affairs to the extent that such agreement is inconsistent on or after the date of the enactment of this Act. (a) IN GENERAL.—Section 7401 of title 38, United States Code, is amended by adding at the with such procedures.’’. (d) CONSTRUCTION.—Nothing in this Act or the THER ADVERSE ACTIONS.—Section 7463(c) end the following new paragraph: (c) O amendments made by this Act may be construed of such title is amended— to modify the certification issued by the Office ‘‘(4) Directors of medical centers and directors of Veterans Integrated Service Networks with (1) in paragraph (1), by striking ‘‘the same no- of Personnel Management and the Office of tice and opportunity to answer with respect to Management and Budget regarding the perform- demonstrated ability in the medical profession, in health care administration, or in health care those charges as provided in subparagraphs (A) ance appraisal system of the Senior Executive and (B) of section 7462(b)(1) of this title’’ and Service of the Department of Veterans Affairs. fiscal management.’’. (b) CONFORMING AMENDMENTS.—Section inserting ‘‘notice and an opportunity to answer SEC. 205. AUTHORITY TO RECOUP RELOCATION 7404(a)(1) of such title is amended— with respect to those charges in accordance with EXPENSES PAID TO OR ON BEHALF (1) by inserting ‘‘(A)’’ before ‘‘The annual’’; subparagraphs (A) and (B) of section 7462(b)(1) OF EMPLOYEES OF DEPARTMENT OF of this title, but within the time periods specified VETERANS AFFAIRS. and (2) in subparagraph (A), as designated by in paragraph (3)’’; (a) IN GENERAL.—Subchapter I of chapter 7 of paragraph (1)— (2) in paragraph (2)— title 38, United States Code, as amended by sec- (A) by inserting ‘‘and 7401(4)’’ after ‘‘7306’’; (A) in the matter preceding subparagraph (A), tion 204, is further amended by adding at the and by inserting ‘‘, within the aggregate time period end the following new section: (B) by adding at the end the following new specified in paragraph (3)(A),’’ after ‘‘is enti- ‘‘§ 723. Recoupment of relocation expenses subparagraph: tled’’; paid on behalf of employees of Department ‘‘(B) Section 5377 of title 5 shall apply to a po- (B) in subparagraph (A), by striking ‘‘an ad- vance written notice’’ and inserting ‘‘written ‘‘(a) IN GENERAL.—Notwithstanding any other sition under section 7401(4) of this title as if notice’’; and provision of law, the Secretary may issue an such position were included in the definition of ‘position’ in section 5377(a) of title 5.’’. (C) in subparagraph (B), by striking ‘‘a rea- order directing an employee of the Department sonable time’’ and inserting ‘‘time to answer’’; to repay the amount, or a portion of the SEC. 208. TIME PERIODS FOR REVIEW OF AD- VERSE ACTIONS WITH RESPECT TO and amount, paid to or on behalf of the employee (3) by adding at the end the following new under title 5 for relocation expenses, including CERTAIN EMPLOYEES. (a) PHYSICIANS, DENTISTS, PODIATRISTS, paragraph (3): any expenses under section 5724 or 5724a of such ‘‘(3)(A) The aggregate period for the resolu- title, or this title if— CHIROPRACTORS, OPTOMETRISTS, REGISTERED NURSES, PHYSICIAN ASSISTANTS, AND EXPANDED- tion of charges against an employee under para- ‘‘(1) the Secretary determines that relocation FUNCTION DENTAL AUXILIARIES.—Paragraph (2) graph (1) or (2) may not exceed 15 business expenses were paid following an act of fraud or of section 7461(b) of title 38, United States Code, days. malfeasance that influenced the authorization is amended to read as follows: ‘‘(B) The period for the response of an em- of the relocation expenses; ‘‘(2) In any case other than a case described ployee under paragraph (1) or (2)(B) to written ‘‘(2) before such repayment, the employee is in paragraph (1) that involves or includes a notice of charges under paragraph (1) or (2)(A), afforded— question of professional conduct or competence as applicable, shall be seven business days. ‘‘(A) notice of the proposed order; and in which a major adverse action was not taken, ‘‘(C) The deciding official shall render a deci- ‘‘(B) an opportunity to respond to the pro- such an appeal shall be made through Depart- sion on charges under paragraph (1) or (2) not posed order not later than ten business days fol- ment grievance procedures under section 7463 of later than 15 business days after notice is pro- lowing the receipt of such notice; and this title.’’. vided on the charges for purposes of paragraph ‘‘(3) the Secretary issues the order— (b) MAJOR ADVERSE ACTIONS INVOLVING PRO- (1) or (2)(A), as applicable.’’. ‘‘(A) in the case of a proposed order to which FESSIONAL CONDUCT OR COMPETENCE.—Section SEC. 209. IMPROVEMENT OF TRAINING FOR SU- an individual responds under paragraph (2)(B), 7462(b) of such title is amended— PERVISORS. not later than five business days after receiving (1) in paragraph (1)— (a) IN GENERAL.—The Secretary of Veterans the response of the individual; or (A) in the matter preceding subparagraph (A), Affairs shall provide to each employee of the ‘‘(B) in the case of a proposed order to which by inserting ‘‘, within the aggregate time period Department of Veterans Affairs who is employed an individual does not respond, not later than specified in paragraph (5)(A),’’ after ‘‘is enti- as a supervisor periodic training on the fol- 15 business days after the Secretary provides no- tled’’; lowing: tice to the individual under paragraph (2)(A). (B) in subparagraph (A)— (1) The rights of whistleblowers and how to ‘‘(b) APPEAL OF ORDER OF SECRETARY.—(1) (i) by striking ‘‘At least 30 days advance writ- address a report by an employee of a hostile Upon the issuance of an order by the Secretary ten notice’’ and inserting ‘‘Advance written no- work environment, reprisal, or harassment. under subsection (a) with respect to an indi- tice’’; (2) How to effectively motivate, manage, and vidual, the individual shall have an opportunity (ii) by striking ‘‘and a statement’’ and insert- reward the employees who report to the super- to appeal the order to the Director of the Office ing ‘‘a statement’’; and visor. of Personnel Management before the date that is (iii) by inserting ‘‘and a file containing all the (3) How to effectively manage employees who seven business days after the date of such evidence in support of each charge,’’ after are performing at an unacceptable level and ac- issuance. ‘‘with respect to each charge,’’; and cess assistance from the human resources office ‘‘(2) The Director shall make a final decision (C) in subparagraph (B), by striking ‘‘A rea- of the Department and the Office of the General with respect to an appeal under paragraph (1) sonable time, but not less than seven days’’ and Counsel of the Department with respect to those within 30 days after receiving such appeal.’’. inserting ‘‘The opportunity, within the time pe- employees. riod provided for in paragraph (4)(A)’’; (b) DEFINITIONS.—In this section: (b) CLERICAL AMENDMENT.—The table of sec- (2) by striking paragraph (3) and inserting the (1) SUPERVISOR.—The term ‘‘supervisor’’ has tions at the beginning of such chapter is further following new paragraph (3): the meaning given such term in section 7103(a) amended by inserting after the item relating to ‘‘(3) After considering the employee’s answer, of title 5, United States Code. section 721, as added by section 204(b), the fol- if any, and within the time period provided for (2) WHISTLEBLOWER.—The term ‘‘whistle- lowing new item: in paragraph (5)(B), the deciding official shall blower’’ has the meaning given such term in sec- ‘‘723. Recoupment of relocation expenses paid render a decision on the charges. The decision tion 323(g) of title 38, United States Code, as on behalf of employees of Depart- shall be in writing and shall include the specific added by section 101. ment.’’. reasons therefor.’’; SEC. 210. ASSESSMENT AND REPORT ON EFFECT (c) EFFECTIVE DATE.—Section 723 of title 38, (3) in paragraph (4)— ON SENIOR EXECUTIVES AT DEPART- United States Code, as added by subsection (a), (A) by striking subparagraph (A) and insert- MENT OF VETERANS AFFAIRS. shall apply with respect to an amount paid by ing the following new subparagraph (A): (a) IN GENERAL.—Not later than two years the Secretary of Veterans Affairs to or on behalf ‘‘(A) The period for the response of an em- after the date of the enactment of this Act, the of an employee of the Department of Veterans ployee under paragraph (1)(B) to advance writ- Secretary of Veterans Affairs shall— Affairs for relocation expenses on or after the ten under paragraph (1)(A) shall be seven busi- (1) measure and assess the effect of the enact- date of the enactment of this Act. ness days.’’; and ment of this title on the morale, engagement,

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 6333 E:\CR\FM\A06JN6.003 S06JNPT1 S3266 CONGRESSIONAL RECORD — SENATE June 6, 2017 hiring, promotion, retention, discipline, and (E) the mission-critical deficiencies filled by The Senator from Georgia. productivity of individuals in senior executive newly hired individuals in senior executive posi- positions at the Department of Veterans Affairs; tions and the connection between mission-crit- Mr. ISAKSON. Mr. President, I am and ical deficiencies filled under the provisions de- pleased to rise today on the 73rd anni- (2) submit to the Committee on Veterans’ Af- scribed in subsection (a) and annual perform- versary of the invasion of Normandy, fairs of the Senate and the Committee on Vet- ance of the Department; Omaha Beach, and Sword Beach by erans’ Affairs of the House of Representatives a (F) the satisfaction of applicants for senior 156,000 brave Americans who saved our report on the findings of the Secretary with re- executive positions at the Department with the freedom and liberty, for the American spect to the measurement and assessment car- hiring process, including the clarity of job an- ried out under paragraph (1). nouncements, reasons for withdrawal of appli- people as well as all of Europe, who put (b) ELEMENTS.—The assessment required by cations, communication regarding status of ap- an end to the reign of Adolph Hitler, subsection (a)(1) shall include the following: plications, and timeliness of hiring decision; and and remind me every day as chairman (1) With respect to engagement, trends in mo- (G) the satisfaction of newly hired individuals of the Veterans’ Committee why I am rale of individuals in senior executive positions in senior executive positions at the Department here in the U.S. Senate—and that is to and individuals aspiring to senior executive po- with the hiring process and the process of join- see to it that we take care of those who sitions. ing and becoming oriented with the Department. (2) With respect to promotions— (c) SENIOR EXECUTIVE POSITION DEFINED.—In have taken care of us. (A) whether the Department is experiencing this section, the term ‘‘senior executive posi- Somebody asked me this morning: Is an increase or decrease in the number of em- tion’’ has the meaning given such term in sec- it coincidence that D-day was 73 years ployees participating in leadership development tion 713 of title 38, United States Code. ago today? I said: It is Divine provi- and candidate development programs with the SEC. 211. MEASUREMENT OF DEPARTMENT OF intention of becoming candidates for senior ex- VETERANS AFFAIRS DISCIPLINARY dence that we are on the floor today ecutive positions; and PROCESS OUTCOMES AND EFFEC- paying back those brave 156,000 who in- (B) trends in applications to senior executive TIVENESS. vaded those beaches to make the Vet- positions within the Department. (a) MEASURING AND COLLECTING.— erans’ Administration a more favorable (3) With respect to retention— (1) IN GENERAL.—The Secretary of Veterans (A) trends in retirement rates of individuals in Affairs shall measure and collect information on agency than it is already. senior executive positions at the Department; the outcomes of disciplinary actions carried out I am proud to be on the floor to lead (B) trends in quit rates of individuals in sen- by the Department of Veterans Affairs during a part of the debate with Senator ior executive positions at the Department; the three-year period ending on the date of the TESTER—my ranking member on the (C) rates of transfer of— enactment of this Act and the effectiveness of (i) individuals from other Federal agencies such actions. committee and my dear friend—on a into senior executive positions at the Depart- (2) ELEMENTS.—In measuring and collecting bill that I think is of great signifi- ment; and pursuant to paragraph (1), the Secretary shall cance. It is the Veterans Affairs Ac- (ii) individuals from senior executive positions measure and collect information regarding the countability and Whistleblower Protec- at the Department to other Federal agencies; following: tion Act. and (A) The average time from the initiation of an (D) trends in total loss rates by job function. adverse action against an employee at the De- The best quote is not one I could (4) With respect to disciplinary processes— partment to the final resolution of that action. come up with or I doubt that JON could (A) regarding individuals in senior executive (B) The number of distinct steps and levels of positions at the Department who are the subject come up with. The best quote really review within the Department involved in the was come up with by the Iraq and Af- of disciplinary action— disciplinary process and the average length of (i) the length of the disciplinary process in time required to complete these steps. ghanistan Veterans of America, the days for such individuals both before the date of (C) The rate of use of alternate disciplinary IAVA. When asked, they said: ‘‘This is the enactment of this Act and under the provi- procedures compared to traditional disciplinary the strongest VA accountability meas- sions of this Act described in subsection (a)(1); procedures and the frequency with which em- ure that can be signed into law.’’ I and ployees who are subject to alternative discipli- (ii) the extent to which appeals by such indi- want to reiterate that: the strongest nary procedures commit additional offenses. accountability measure of the VA that viduals are upheld under such provisions as (D) The number of appeals from adverse ac- compared to before the date of the enactment of tions filed against employees of the Department, can be signed into law. Which means this Act; the number of appeals upheld, and the reasons we are reaching into every corner of (B) the components or offices of the Depart- for which the appeals were upheld. problems in the VA which have existed ment which experience the greatest number of (E) The use of paid administrative leave dur- proposed adverse actions against individuals in over the last years. We are making ing the disciplinary process and the length of sure we make the corrections nec- senior executive positions and components and such leave. offices which experience the least relative to the (b) REPORT.— essary to make the VA an accountable size of the components or offices’ total number (1) IN GENERAL.—Not later than December 31, organization, and we are doing it in a of senior executive positions; 2017, the Secretary shall submit to the appro- bipartisan fashion together, Democrats (C) the tenure of individuals in senior execu- priate committees of Congress a report on the and Republicans alike. tive positions who are the subject of disciplinary disciplinary procedures and actions of the De- action; partment. As I have said very often, there (D) whether the individuals in senior execu- (2) CONTENTS.—The report submitted under aren’t Republican casualties and tive positions who are the subject of disciplinary paragraph (1) shall include the following: Democratic casualties on the battle- action have previously been disciplined; and (A) The information collected under sub- field. They are American citizens who (E) the number of instances of disciplinary ac- section (a). tion taken by the Secretary against individuals (B) The findings of the Secretary with respect have fought and died for this country. in senior executive positions at the Department to the measurement and collection carried out So there is no room for partisanship as compared to governmentwide discipline under subsection (a). when it comes to providing them with against individuals in Senior Executive Service (C) An analysis of the disciplinary procedures the benefits that are necessary and see- positions (as defined in section 3132(a) of title 5, and actions of the Department. ing to it that they get what they de- United States Code) as a percentage of the total (D) Suggestions for improving the disciplinary serve. number of individuals in senior executive posi- procedures and actions of the Department. tions at the Department and Senior Executive (E) Such other matters as the Secretary con- I thank all the members of the com- Service positions (as so defined). siders appropriate. mittee; in particular, Ranking Member (3) APPROPRIATE COMMITTEES OF CONGRESS.— (5) With respect to hiring— TESTER for his work; Senator MORAN, (A) the degree to which the skills of newly In this subsection, the term ‘‘appropriate com- hired individuals in senior executive positions at mittees of Congress’’ means— who did such great work for us on the the Department are appropriate with respect to (A) the Committee on Appropriations and the accountability measure; Senator the needs of the Department; Committee on Veterans’ Affairs of the Senate; RUBIO, who is not a member of the (B) the types of senior executive positions at and committee but did a great job in terms the Department most commonly filled under the (B) the Committee on Appropriations and the of accountability, and he will speak Committee on Veterans’ Affairs of the House of authorities in the provisions described in sub- later on the floor—as I am sure others section (a)(1); Representatives. will—about this. (C) the number of senior executive positions at The PRESIDING OFFICER. Under the Department filled by hires outside of the De- the previous order, the committee-re- We have had a great committee partment compared to hires from within the De- ported substitute amendment to S. 1094 working for a long period of time. We partment; (D) the length of time to fill a senior executive is agreed to. passed a bill—almost—last year and position at the Department and for a new hire Under the previous order, there will then failed at the last few moments of to begin working in a new senior executive posi- now be 3 hours of debate, equally di- the session to get it done. So we are tion; vided in the usual form. back a second time, but we are back

VerDate Sep 11 2014 03:25 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A06JN6.003 S06JNPT1 June 6, 2017 CONGRESSIONAL RECORD — SENATE S3267 with a bill that has come unanimously the law and violating the law, and we KING, DONNELLY, BALDWIN, and from the Committee on Veterans’ Af- are now holding them accountable be- DUCKWORTH. There are a number of fairs and I hope will leave this Senate cause of what is written into the VA folks on both sides of the aisle who floor unanimously so we send a clear accountability and whistleblower act. have stepped up—some on the com- signal to our veterans: We will hold Simply put, we have taken the worst mittee, some off the committee—who ourselves accountable to you. performance, in isolated cases in the have done such a great job making sure What specifically does the legislation past few years, and did what was right. we ended up here today. do that is important? One, it makes We have corrected it where it needed to Chairman ISAKSON knows this. We what President Trump referred to in an be corrected, we have eliminated it got a bill over from the House, we sat Executive order about 3 weeks ago, the where it needed to be eliminated, and down together, and we negotiated. We veterans whistleblower protection act, we have given the authority to the Sec- gave and took and massaged the bill. a reality and codifies it into law. Sec- retary of Veterans Affairs and employ- We ended up with a bill that probably ond, it removes many of the bureau- ees under the Secretary of Veterans Af- JOHNNY would not have written and cratic hurdles currently in place, mak- fairs to discipline people who work for probably I wouldn’t have written, but ing it easier for the VA Secretary to them and hold them accountable for it is a bill that is going to work, and it remove employees of all departments doing the wrong thing and encourage is going to give the VA what they need in the VA who are found guilty of them to do the right thing. to hold people accountable. wrongdoing or misconduct, and I un- I reiterate, though, that we are not I also echo what JOHNNY said. Vet- derscore found guilty of wrongdoing or singling out an agency which has a erans across this country are very misconduct. large number of people who are not happy with the care they get at the The bill shortens the removal process performing. We are singling out an VA, and it is because of the great peo- for employees of the VA and ensures an agency which has had some situations ple on the ground within the VA, but individual appealing removal from the where a few employees have done some every once in a while we get a bad VA is not kept on VA’s payroll indefi- egregious things that need to be ad- apple, and the VA needs to be able to nitely while they appeal. The Depart- dressed. They were addressed but remove that bad apple because that bad ment of Veterans Affairs Account- couldn’t be addressed under the current apple reflects poorly on everybody ability and Whistleblower Protection status of the law, which now will be within the VA. So this bill is about Act also prohibits the VA from award- able to be addressed under the status of making sure the VA has the tool it ing bonuses to employees found guilty the new law and held accountable for needs to hold itself accountable and of misconduct. The bill would remove their actions. hold itself accountable to the veterans. the bureaucratic Merit System Protec- Nothing happens when one person What I hear from the folks in Mon- tion Board from appeals by the senior does it. Everything happens when peo- tana is: How come it took so long? management—top management—of the ple come together as a team. It has We have been at this for a while, and Veterans’ Administration. been a pleasure for me to have a great I hope it is worth the wait. I think we The Department of Veterans Affairs teammate in this effort; that is, JON have a good bill here. I think we have Accountability and Whistleblower Pro- TESTER from Montana. I have been on a bill that really holds folks account- tection Act establishes the Office of the committee 12 years, and I think able while protecting workers’ rights Accountability and Whistleblower Pro- JON has been on the committee 8 or 9 moving forward. tection to make it permanent in the years. United States of America. You are on the Veterans’ Affairs The VA is a different kind of animal In essence, and very simply, this bill Committee, first of all, because you than any other agency. We owe it to ensures and codifies into law the ac- want to be on it. It is what we refer to the people who put it on the line for countability of this agency and its op- as a B committee, which means it is a this country. When things don’t go just eration to the American people and to second tier. A lot of times it is a fill-in right, we have a problem, and we have the veterans of the United States of committee for Members of the Senate a problem that needs to be fixed and not fixed yesterday—fixed today. These America for all they have done for each or the House, but for me and for JON, it and every one of us. is our principal and primary responsi- folks have given their all to this coun- It is very important to appreciate bility. We know to whom we owe every- try, and they have earned these that this does not come to us by some thing, and that is our veterans to healthcare benefits. We need to make Senator or some Representative com- whom we owe everything. sure that when they need them, they have them and there aren’t any mis- ing up with a bunch of crazy ideas at JON TESTER has been a great team- the last minute. This is a response to mate. He has been great to work with. takes made. what we have seen happen over and He has helped us get through some What I also hear from veterans in over again over the past few years. times of difficulty and some good times Montana, other than it took so long, is: Most, if not all, of the employees in the of common understanding and settle- How can we rebuild the VA to make it Veterans’ Administration are hard- ment, and I appreciate that very much. all it can be? I think this bill is going working, dedicated, committed individ- I want JON to tell me what the people to help with that, too, by making sure uals, but there have been, from time to of Montana are telling him about our we have the best of the best there, by time, questions that have arisen about Veterans’ Administration and the need making sure we have training for our the handling of certain situations: the for stronger accountability in the VA hospital administrators and being able situation that took place in Phoenix, of Montana. Tell us what they are say- to hire hospital administrators—that is AZ, in terms of appointments; the rash ing in Montana, JON. part of this bill, too—while holding the number of suicides and mishandling of Mr. TESTER. I thank Chairman VA accountable when folks screw up in pharmaceuticals in the Atlanta office ISAKSON. areas of misconduct. of Clairmont, near where I am in my Before I answer the question, I want So there is a bunch in this bill. I office in Atlanta, GA; the situation of to echo and say thank you very much think this bill will fit the needs, not transfers in Philadelphia, PA, where for your leadership on this committee. only of veterans in a rural or frontier people were transferred rather than It has been great to work with you. State like Montana but in more popu- disciplined and were paid their moving You have a reputation of being a man lated areas like Atlanta, GA. I think it expenses and cost-of-living adjust- of honesty, integrity, and fair dealing, gives the Secretary of the VA the tools ments upward—all to get rid of some- and you have once again lived up to at his disposal to be able to make the body in one office but move them to that reputation. I could not ask for a VA as strong as it can possibly be. another, instead of handling them in better chairman of the Senate Vet- I will say that this bill would not the way in which they should have erans’ Affairs Committee than you. I have happened without the good work been, which holds them accountable, very much appreciate the work you of JOHNNY and his staff and my staff rather than making sure they work have done on this bill. coming together and getting stuff somewhere else. We took instances I, too, want to thank Senators RUBIO, done. I think this is one of the days in where people themselves were breaking MORAN, SHAHEEN, BLUMENTHAL, ANGUS the Senate where we can look back and

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.020 S06JNPT1 S3268 CONGRESSIONAL RECORD — SENATE June 6, 2017 say that folks came together as Demo- you what this bill does not do. It does Systems Protection Board away from crats and Republicans and did the right not trample on workers’ rights. This those senior executives, you are hold- thing for the veterans of this country. bill maintains bargaining rights of ing them totally accountable in the JOHNNY, I am curious to know from union workers at the VA. One of the bright light of day for their own ac- you what kind of stuff you are hearing problems we had with the House-passed tions, without some hoop to go through in Georgia about this bill and bringing bill was it did away with the ability of for the agency trying to remove them. accountability to the VA. members to use the bargaining process. It prohibits bonuses and relocation Mr. ISAKSON. Senator TESTER, like This does not. It maintains it. It does expenses for employees guilty of you, I get my best information at the not gut due process protections. It wrongdoing. I mentioned this in my Legion, the IAVA, and from folks keeps all the existing due process pro- earlier remarks, and I will reiterate. around my State. I am a member of the tections under current law. Unlike the This deals with things like what hap- American Legion post at Loganville, House bill, it doesn’t shorten or elimi- pened in Pennsylvania, where two em- GA, and go every once in a while to the nate the appeals process for employees ployees were reassigned for a dis- bar and get a drink just to find out who are fired. Moreover, we provide a cipline, yet they were given bonuses what is going on. I find out more there judicial review to employees who are and cost-of-living adjustments in their in an hour socializing than I find out directed to repay a bonus and other pay upward for doing something wrong. by reading every newspaper in the protection. Finally, this bill does not That sends exactly the wrong signal to United States of America. allow VA supervisors to get away with any employee in the Veterans’ Admin- Let me tell you what some of the or- firing anyone who just challenges istration. ganizations are saying—because these them. Evidence is still required in For anyone doing a good job, it pats veterans service organizations are the order to take action, and that evidence them on the back and lets them know voice of the American people who must go through general counsel for re- they can do an even better job. It expedites the hiring of VA medical served in our military, and they are view before an action is proposed. the people who communicate to us in This is all critically important, as we center directors, which is absolutely committee. go forth, to give accountability and yet critical. We have far too many people in the VA healthcare system today who The VFW wants the Secretary to be able to protect the rights of the are acting. They are acting director or weed out misperformers and especially workers who are doing the job. I think acting assistant. We don’t need any the criminals, regardless of whether we found the sweet spot there. the crime was committed on or off More important than anything else more ‘‘acting’’ in the Veterans’ Admin- duty. in this bill—and it does a lot of istration; we need performance. That is what this bill ends up being The VFW wants a bill passed because things—it is really about a culture of about—the performance of delivery of maintaining the status quo does not accountability at the VA. quality healthcare to our veterans, re- work for those who have borne the bat- Can the Senator tell us here in the warding those employees who are doing tle and borne the fight. Senate what else this bill does for vet- a good job, encouraging those who They want to make sure the VA erans? aren’t to do a better job, and seeing all holds their employees to the standards Mr. ISAKSON. I want to talk about American veterans get the services the veterans of America feel they have the culture the Senator just men- they deserve to get. tioned. He is exactly right. The main committed themselves to as veterans The need for this bill does not come serving in our military. thing the American people are going to out of thin air. I say to Senator The American Legion applauds the see from the Veterans’ Administration TESTER, can you tell me why the VA bipartisan effort to provide Secretary now is a culture throughout that orga- and veterans need this legislation to Shulkin the additional tools to in- nization of excellence to serve the vet- strengthen accountability at the VA? crease accountability and address poor erans the way they should be served. Mr. TESTER. I sure can. I talked pre- performance within the Department of And where there might be an isolated viously about this. It has been a while. Veterans Affairs. problem, make sure it is sought out, It has been 3 years. We talked about I underscore this, because in the bill rooted out, and corrected within the this accountability issue a lot in the JON and I ensure we motivate manage- agency. Our veterans deserve the high- Veterans’ Affairs Committee and here ment to understand it is their job to est quality care. on the floor. I think the context is im- seek out nonperformance and correct it Secretary Shulkin has asked for portant for folks who do make the before it runs amuck. So this bill more authority to hold accountable claim that there is no need for this par- incentivizes management of the Vet- those who are not meeting standards. ticular bill, that we are simply playing erans’ Administration to find those He wants to recognize those who have politics. That couldn’t be further from employees who are not performing well not only met but exceeded standards as the truth. and turn them around and reward those well. If you remember, back in August of employees who are turned around to be This bill gives VA the authority to 2014, in response to systemic failures in an example they set for all the rest of expedite the removal of a bad em- the Veterans Health Administration, the employees. ployee, but it doesn’t motivate them to the Senate overwhelmingly passed the The Department of Veterans Affairs get rid of people, it gives them the pa- Veterans Access, Choice, and Account- Accountability and Whistleblower Pro- rameters by which people should be ability Act of 2014. We were both mem- tection Act will give Secretary dealt with if, in fact, they are behaving bers of the committee back then. We Shulkin the authority he needs to hold poorly. It shortens the process for re- both helped draft that bill. It passed by Department employees responsible for moving an employee to 15 days. That a vote 91 to 3. As my colleagues on the their actions. ‘‘We strongly agree with doesn’t mean you act recklessly or Veterans’ Affairs Committee are well the Senate to take the bill imme- quickly, it means you act expeditiously aware, the bill included a provision to diately and pass it,’’ said Dan Caldwell to see to it that if you have a problem, hold senior executives of the VA more of Concerned Veterans of America. it is addressed quickly for the benefit accountable. That provision was in re- So, once and for all, all around our of all the agencies. sponse to multiple reports from both State our VSO organizations are get- It removes the Merit Systems Pro- the Obama administration and an inde- ting a response to the questions they tection Board from the appeal process pendent VA inspector general docu- have asked of all of us, and that is for senior executives. There is some menting the need to bring greater ac- what this bill does. bad talk out there about removing the countability to the VA. There is misinformation out there. Merit Systems Protection Board for all While much of the attention has been There are rumors flying around in employees. It doesn’t do that at all. focused on senior-level employees, hos- Montana, some flying around in Geor- But the most senior employees of the pital administrators, and the like, gia. Can the Senator help clear up Veterans’ Administration deserve to be there are employees across the system some of the errors? held accountable without lots of hoops who need to be effectively held ac- Mr. TESTER. There is a lot of misin- you have to go through before ever get- countable for misconduct and inappro- formation about this bill. I will tell ting to them. So by taking the Merit priate behavior. Last Congress, the

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.021 S06JNPT1 June 6, 2017 CONGRESSIONAL RECORD — SENATE S3269 Senate Veterans’ Affairs Committee almost exactly one-third of the Senate, age Presbyterian, where his service reported bipartisan legislation that Republican and Democrat alike. That will be held. For 70 years, he was a would give the VA greater authority to sends the proper signal that this is the freemason and member of the Amer- improve accountability for all employ- right bill at the right time for the ican Legion. He helped set up the ees. Unfortunately, we never got floor right people—veterans of the United American Legion Buckeye Boys Pro- time for that bill. States of America. gram, a great program where they are This Congress, the House passed a VA I yield back. teaching young men about State, local, accountability bill that, at least in my The PRESIDING OFFICER (Mr. and Federal government and values view, needed some fixing. I appreciate HOEVEN). The Senator from Ohio. and leadership. His whole life was cen- that my Republican colleagues worked Mr. PORTMAN. Mr. President, I want tered around his community—through closely with us—with me—on these to start by commending my colleagues the family business, through military changes, and we got to this point from Georgia and Montana for their service, through elected office, and today. compassion and care for our veterans through volunteerism. But make no mistake about it—vet- and specifically for their continued ef- In 2009, Mason High School started erans in Montana and all the major forts to ensure we have accountability having a distinguished alumni gradua- veterans service organizations support at the VA. They worked hard on this tion speaker every year. For all the giving the VA the authority to expe- legislation. I hope the Senate moves reasons I talked about a moment ago, a dite disciplining and firing bad employ- expeditiously to vote for it and to help few years ago, in 2013, I wrote a letter ees. Let me say that one more time. our veterans to be able to have the and recommended that they honor Les Every major veteran service organiza- kind of responsibility and account- Spaeth. They agreed with me. That tion supports giving the VA the au- ability they deserve. spring of 2013, it was time to receive thority to expedite disciplining or fir- REMEMBERING LES SPAETH his award. He gave a beautiful speech. ing bad employees. The President and Mr. President, I also rise today to He talked about his love for this coun- the VA Secretaries—both McDonald talk about veterans. I am going to try and counting our blessings as and Shulkin—have asked for this au- focus on World War II veterans. Americans. He received a standing ova- thority. Former VA Secretary McDon- Last Monday was Memorial Day. I tion from the graduating class. I know ald repeatedly asked Congress to give was in Mason, OH. I was in Warren that meant a lot to him. That ovation him the tools he needed to hold em- County, OH. My mom grew up there, shows the respect and esteem people in ployees accountable. Secretary and my family still has a lot of ties Warren County have for Les Spaeth Shulkin has followed and done the there. I was there at a ceremony for across generations. same. So we have this bill up today. the veterans memorial, one of the most On behalf of Ohio, I want to express I would like to end where I started, beautiful memorials in the State of my condolences to the family of Les and that is by thanking Chairman Ohio. I happened to be there about 15 Spaeth. I also want to thank them for ISAKSON for his leadership and his will- years ago when it was first began, and sharing Les with the rest of us in Ohio ingness to work together in a bipar- it was great to be back. At the cere- for these past 92 years. He was a dedi- tisan way to reach a compromise and mony, I got to see a World War II cated servant to the people of Warren make ‘‘collaboration’’ a good word buddy of mine. His name is Les Spaeth. County, an American hero for his mili- again, to get to a point where we can He is also a good friend of my father’s tary service, and a good friend to so get a bill, as the IAVA said, that can and grandfather’s. As always, seeing many. pass and that can pass the Senate and him brought back great memories, and 73RD ANNIVERSARY OF D-DAY that hopefully will pass the Senate I was able to speak about him during As was noted, as we talk about World within the next few hours. my remarks. War II, today is also the 73rd anniver- I thank Chairman ISAKSON. Mr. ISAKSON. I thank Senator Two days later—a few days ago—we sary of D-day. As Chairman ISAKSON just said, it was really the beginning of TESTER. got word that Les Spaeth died at age I started my remarks a few minutes 92. I want to take a moment to pay the end of that war. And 73 years ago ago by saying that this will be the 73rd tribute to this man who gave so much this morning, Les Spaeth was in the- anniversary of D-day. Nobody who to his country and to his community. ater in the Pacific, as I said, risking charged Omaha Beach or climbed those Les was a marine corporal during his life for all of us. But in Europe on cliffs in Normandy had second World War II. He signed up after grad- that same morning, the largest am- thoughts about what they were doing uating from Mason High School in 1942. phibious invasion in the history of the or asked questions about their leader- He served in the Pacific, including the world was taking place. Men as young ship or tolerated anything but the best occupation of Japan after the war, as 18 years old were crossing the chan- they could out of themselves. Because helping that country make a difficult nel, carrying packs weighing 80 pounds. of that, they won. transition to democracy. Thanks in More than 160,000 Allied soldiers— Today, our veterans are winning. Our large part to American soldiers like mostly Americans—and more than committee—the Senate is going to pass him, by the way, the transition 5,000 ships backed by more than 10,000 in I think a unanimous or near-unani- worked. Japan has become one of our aircraft were fighting to liberate Eu- mous fashion a piece of legislation that greatest allies. rope from Hitler. The outcome was far is a byproduct of a good bipartisan ef- Les came back to Mason, OH, and from certain. The Nazis had spent 2 fort to see to it that we correct the started a small business called Spaeth years fortifying the coast to prepare problems of the past, give the Sec- Brothers Cleaners. He had that opti- for this moment. It was Hitler’s so- retary of the VA the ability to do it in mism so many of the World War II gen- called Atlantic Wall. The beautiful the future, and if he or she doesn’t do eration had. He had the courage to coastline of France was covered in it, it gives us the ability to change take a risk and help build jobs and help barbed wire, land mines, and bunkers. them so they are held accountable as the economy of his hometown. My dad A little more than a month before D- well. did the same thing after World War II. day, by the way, the Allies had con- It has been a pleasure to work with Les was a businessman, but he was ducted a trial run. They practiced on you and a privilege to work for our vet- also a public servant for more than half beaches in western England that were erans. a century. He served six terms as War- most like those of Normandy. The On this special day, we honor those ren County auditor. He served on the practice run was a disaster. In fact, who served America 73 years ago by the Board of Elections for 25 years. He Germans spotted the Allied ships and beginning of the end of World War II, chaired the Warren County Republican attacked them. Hundreds of American thank them for their service, and Party for 17 years. troops died in that practice session. thank all veterans who provide service He was very active in the community COL George Taylor told his troops as to the people of the United States of in so many other ways too. He was one they were about to land on Normandy: America. of the very first volunteer firefighters ‘‘Only two kinds of men are going to be I want to end by noting that we have in Mason, OH, starting way back in on this beach—the dead, and those 32 sponsors of this legislation, which is 1948. He was elder at his church, Herit- about to die. So get moving.’’ This was

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.022 S06JNPT1 S3270 CONGRESSIONAL RECORD — SENATE June 6, 2017 tough stuff. They had an enormous soon as December and be completed by With Thy blessing, we shall prevail over task, and the stakes could not have next June. the unholy forces of our enemy. Help us to been higher. Frankly, I am discouraged this has conquer the apostles of greed and racial arro- Erwin Rommel—and Rommel was taken so long because this prayer be- gances. Lead us to the saving of our country, leading the Nazi defense at that time— longs on the World War II Memorial, and with our sister nations into a world unity that will spell a sure peace—a peace said at that time: ‘‘The fate of Ger- and Congress has said so. I urge the invulnerable to the schemings of unworthy many depends on . . . the first 24 hours Park Service to move as expeditiously men. And a peace that will let all men live of this invasion.’’ He was right. as possible to complete this project, to in freedom, reaping the just rewards of their Well-known historian Douglas bring those words to so many veterans honest toil. Brinkley said that D-day was ‘‘the sin- and others who visit that beautiful me- Thy will be done, Almighty God. Amen. gle most important moment in the 20th morial. Those were the words he spoke and Century.’’ It was one of the bloodiest As has been my tradition since the the words that will soon be inscribed too. It was the beginning of the end of time we were trying to get that legisla- on the World War II monument. the most difficult war in human his- tion passed, I would like to read the I yield the floor. tory, and the lives of millions of people words President Roosevelt spoke on D- The PRESIDING OFFICER. The Sen- depended on the outcome. day 73 years ago. ator from Illinois. They depended on the success of He started by saying: PARIS AGREEMENT brave, young Americans like Eugene My fellow Americans: Last night, when I Mr. DURBIN. Mr. President, I come Lyons of University Heights, OH. Eu- spoke with you . . . I knew at that moment to the floor today to speak about the gene was a medic. His ship hit a mine that troops of the United States and our al- administration’s decision to withdraw lies were crossing the Channel in another in the English Channel and sank off the and greater operation. It has come to pass from the Paris climate agreement. coast. He swam to shore while German with great success thus far. And so, in this In 1992, under President George H.W. planes shot at him, missing him by a poignant hour, I ask you to join with me in Bush, the Senate unanimously ap- matter of inches. Or the Napier broth- prayer. proved a treaty to allow the United ers of Warren County, like Les Spaeth. This was his prayer: States to join the United Nations Five brothers all served during World Almighty God: Our sons, pride of our na- Framework Convention on Climate War II. Two of them were there on the tion, this day have set upon a mighty en- Change. Since then, we have been en- beaches that day; one died. Or Jim deavor, a struggle to preserve our Republic, gaged in a global conversation with na- ‘‘Pee Wee’’ Martin from Dayton, OH, our religion, and our civilization, and to set tions around the world to tackle the who served in the 506th Parachute In- free a suffering humanity. Lead them challenges of climate change and en- fantry Regiment and parachuted be- straight and true; give strength to their arms, stoutness to their hearts, steadfast- sure that we leave future generations a hind German lines before dawn that ness in their faith. planet that is not plagued by cata- day. Jim received both the Purple They will need Thy blessings. Their road strophic drought, famine, floods, wild- Heart and the Bronze Star for his serv- will be long and hard. For the enemy is fire, and a rising sea level. ice that day. Or Sigmund Czelusniak of strong. He may hurl back our forces. Success After years of intense negotiation, North Royalton, OH, who was wounded may not come with rushing speed, but we the world finally reached an inter- by a mortar shell on Omaha Beach. shall return again and again; and we know national agreement that resulted in a Sigmund later said, as he lay wounded: by Thy grace and by the righteousness of our global commitment, and 195 countries cause our sons will triumph. They will be ‘‘In my heart, I didn’t think I’d ever sore tried, by night and by day, without from around the world, except for 2, come back.’’ rest—until the victory is won. The darkness came together. Nicaragua abstained; More than 10,000 Allied troops did not will be rent by noise and flame. Men’s souls they wanted a stronger agreement. come back. will be shaken with the violences of war. Syria was another country that While those brave men and hundreds For these men are lately drawn from the stepped aside and didn’t take part, for of thousands of others were fighting, ways of peace. They fight not for the lust of obvious reasons. Representing more President Franklin D. Roosevelt took conquest. They fight to end conquest. They than 90 percent of global greenhouse to the airwaves, as you would expect a fight to liberate. They fight to let justice arise, and tolerance and goodwill among all gas emissions, these 195 countries com- President to do. As you know, he was Thy people. They yearn but for the end of mitted to reducing their carbon emis- known for what were called fireside battle, for their return to the haven of home. sions to prevent the average global chats. These were informal speeches he Some will never return. Embrace these, temperature from rising by more than would give to the Nation during dif- Father, and receive them, Thy heroic serv- 2 degrees. ficult times. But on that day, he did ants, into Thy kingdom. I cannot fathom why any President something very different. Instead of And for those of us at home—fathers, of either political party would want to mothers, children, wives, sisters, and broth- giving a speech, he was called to lead ers of brave men overseas, whose thoughts isolate the United States from the rest the Nation in prayer. This prayer and prayers are ever with them—help us, Al- of the world, from our allies and trad- brought our country together. It mighty God, to rededicate ourselves in re- ing partners, by leaving this agree- strengthened our resolve. It comforted newed faith in Thee in this hour of great sac- ment. us at a very difficult and frightening rifice. President Trump justified this deci- time for our country, and it briefly en- Many people have urged that I call the na- sion with concern for American jobs capsulated, as you will hear in a sec- tion into a single day of special prayer. But and American business. Yet, since the ond, what our purpose was—not just in because the road is long and the desire is election, American business leaders great, I ask that our people devote them- World War II but what our purpose was selves in a continuance of prayer. As we rise have called him on the phone, sent a as Americans. He made an indelible to each new day, and again when each day is barrage of public letters, and paid for mark on our history. spent, let words of prayer be on our lips, in- full-page ads in newspapers, trying to Three years ago, after the 70th anni- voking Thy help to our efforts. get the message through to him in any versary of D-day, then-President Give us strength, too—strength in our way possible that American business Obama signed into law legislation that daily tasks, to redouble the contributions we strongly supports the Paris Agreement, I had authored to add the words of this make in the physical and material support of which President Trump has walked our armed forces. famous prayer to the World War II Me- And let our hearts be stout, to wait out the away from. morial in Washington, DC. Since then, long travail, to bear sorrows that may come, Tech companies and retailers, insur- the site for the plaque has been ap- to impart our courage unto our sons ance companies, and even energy com- proved. The architect is continuing to wheresoever they may be. panies, such as ExxonMobil and BP, work with the National Park Service And, O Lord, give us faith. Give us faith in support global engagement on climate. on the design. I have been told that the Thee; faith in our sons; faith in each other; In fact, the World Economic Forum es- Park Service intends to present the de- faith in our united crusade. Let not the timated that the Paris Agreement rep- keenness of our spirit ever be dulled. Let not sign options to the Commission of Fine the impacts of temporary events, of tem- resents a $23 trillion investment poten- Arts and the National Capital Planning poral matters of but fleeting moment—let tial due to the growing demand in Commission during their meetings this not these deter us in our unconquerable pur- every corner of the world for clean en- summer. Construction could begin as pose. ergy. Between consumers who want

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.023 S06JNPT1 June 6, 2017 CONGRESSIONAL RECORD — SENATE S3271 clean energy and local regulations that By walking away from the agree- in the world, but it harms our own na- require it, the demand for clean energy ment, America is not just giving up an tional security by ignoring the impact will continue to grow here in the environmental commitment, but it is of climate change on failed and fragile United States and around the world. giving up economic opportunity. We states that are homes to instability While pulling out of the Paris Agree- have given away our leadership, iso- and violence. He further noted that we ment might seem like a way to protect lated ourselves from the rest of the face three possible threats to our exist- jobs, for example, in the coal industry, world. They are not going to wait for ence: nuclear war, a natural or man- the truth is that when these jobs do go us; they are going to move forward and made biological threat, or climate away, it is mostly due to other things: look for other leaders than the United change. President Trump’s dangerous market forces and automation. States. This President talked about decision, if not reversed, will con- I have been down in the coal mines of making America first. His decision to tribute to that threat. Southern Illinois, Central Illinois. I walk away from the Paris Agreement Anyone in this Chamber claiming to have seen the way they mine coal puts America dead last when it comes be serious about national security sim- today. For those who have not been to energy in the 21st century. ply cannot be credible without address- there and paid close attention, it may Climate change is a dire threat to the ing the long-term threats posed by come as a surprise. It is largely auto- global economy and global stability. It weak states and climate change in the mated. Massive machinery, known as will cause catastrophic consequences decades to come. continuous miners, literally chew away for global health, food security, and It is amazing to me that people at the walls of coal, transporting it habitat on land and in the ocean. My around the world have come together back up to the surface for transport. constituents in Illinois are already ex- to recognize the danger and the urgent Back in the day, hundreds, if not periencing the adverse effects of chang- need to act on climate change every- thousands, of coal miners would head ing climate. where in the world except right here in for their jobs with little more than a In recent years, our State—and, I the United States of America. pick or an ax or a shovel or some drill. might add, many others—has seen his- I don’t understand the other political Today, it is an automated industry, toric storms, floods, and droughts, party. I can remember a time when we and fewer jobs are creating more and causing millions of dollars in damage. would have a debate on climate change more coal opportunities because auto- Climate models suggest that if current on the floor. We would be talking about mation is a big part. global warming trends continue, Illi- the Environmental Protection Agency, In addition, there is a change in the nois will have a climate similar to the created by a Republican President, global energy market. Because of Texas gulf coast by the end of this cen- Richard Nixon, and we would have Sen- fracking in States like North Dakota tury. For Illinois farmers, these ators from both sides of the aisle ac- and South Dakota, we have seen an in- changes to the environment have a di- tively debating climate change, real- crease in the availability of natural gas rect effect on their livelihood and for izing that it is a threat to our future. at lower prices. Last year, for the first all of us, a direct impact on our food Those days have changed. time in modern history, we had more supply. Any debate now about environment electricity generated in 1 month in Climate change also has significant is strictly one-sided. Was the science America from natural gas sources than national security implications that af- changed when it comes to global warm- from coal sources. fect our shores—ones we simply can’t ing and climate change? Not at all. We have turned a corner when it ignore. The crisis in Syria, the flow of Ninety-eight percent of scientists agree comes to the availability of alter- refugees from unstable parts of the that we have global warming, and the natives in energy. Between consumers world, is an early warning of the link reasons for it relate directly to green- who want access to clean energy and to climate change and how humani- house gas emissions. local regulations that require it, clean tarian crises, particularly from less So what has changed? Why isn’t this energy is going to continue to grow in stable parts of our shared planet, are a bipartisan debate anymore? The poli- demand. going to get worse if we continue to let tics have changed. They have changed Meanwhile, even in my own home climate change go unaddressed. State of Illinois, which is the fourth Back in 2011, when pro-democracy dramatically with the way we finance largest coal-producing State in the Na- protests began in Syria, many of those political campaigns in this country. tion, we already have thousands more joining were displaced farmers who had Groups have emerged—one in par- workers in the solar industry than in suffered 4 years of drought, made worse ticular, the Koch brothers, who have the coal industry. by the effects of climate change. The made their fortune in carbon industries Clean energy jobs are growing. Re- National Academy of Sciences pub- and who have promised any Republican maining engaged on climate change lished findings earlier this year show- who steps out of line on climate change spurs new investment and strengthens ing that extreme drought in Syria be- this: You are in for a fight; you are American competitiveness for jobs in tween 2006 and 2009 was more likely due going to face a primary. Don’t you dare the future. These jobs include design- to climate change and that the drought stand up and talk about climate ing more efficient solar panels, wind was a factor in the uprisings in 2011. change here on the floor of the Senate. turbines, batteries, and manufacturing Last year, Pulitzer Prize-winning That is where we are today. We have the components for export all over the New York Times columnist Tom Fried- come to a standstill, and now we have world. Why should other nations get to man wrote about massive migration a President who has decided to walk lead this growing industry of clean en- out of parts of West Africa through the away from this issue. This President ergy and the United States step away? Sahara Desert to Libya, where people has chosen politics over science and We can create those jobs right here in were hoping to eventually cross the greed over responsibility. His decision America—American jobs for American dangerous trek across the Mediterra- is a fateful decision for our children, workers in clean energy opportunities. nean Sea to Europe. He wrote: ‘‘Just as our grandchildren, and generations to We should lead the world in the cre- Syria’s revolution was set off in part come. ation of clean energy jobs. by the worst four-year drought in the There may be some momentary ap- This decision by the Trump adminis- country’s modern history—plus over- plause in some places because Presi- tration to turn its back on this revolu- population, climate stresses and the dent Trump has walked away from this tion in energy is going to cost us dear- Internet—the same is true of this Afri- global agreement to deal with this ly. When the coal jobs do decline, we can migration wave.’’ global challenge, but I could tell you have responsibilities to retrain the Former CIA Acting Director Mike the cheers are short-lived. When we see workers for clean energy jobs and other Morell recently called President the price that we are going to pay—and opportunities in the future. The Paris Trump’s decision to pull the United that our kids will pay—for this gross Agreement ensured that we have credi- States from the Paris climate agree- irresponsibility, there will not be a lot bility as leaders, access to global mar- ment the worst decision made by this of cheering. kets, and reduced financial risk for our President so far. I have said this on the floor before, citizens and businesses associated with Mr. Morell pointed out that pulling and I will say it again because I am changing climate. out not only cedes American leadership waiting for someone on the other side

VerDate Sep 11 2014 03:25 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.025 S06JNPT1 S3272 CONGRESSIONAL RECORD — SENATE June 6, 2017 to come to challenge me: The Repub- way to make this law better for people is the premier medical research facility lican Party of the United States of living in rural America. in the world. We are lucky to have it America is the only major political My hometown is in downstate Illi- right here in the United States. party in the world today that refuses nois. I, as a Congressman and Senator, Time and again they told us about to take climate change seriously. I have represented a lot of small towns breakthrough drugs that were making have said that over and over, and I ex- in sparsely populated counties. They a big difference that started with re- pect Senators from the Republican side value many things. They sure value search at the National Institutes of to come to the floor and say: That is their schools, their basketball teams Health. I asked at one point: Is it too not true; we take it seriously. But they and football teams. I will tell you what much to ask the pharmaceutical com- don’t. Or I expect them to come to the they value as much, if not more, than panies that take your basic research floor and say: No, there is another anything else—their local hospital. idea and turn it into a profitable prod- major political party that also denies The local hospital makes such a dif- uct to give some of those profits back climate change. ference in smalltown America. It is not to the NIH to continue their research? One Republican Senator, after I said only a lifesaver—it saves you from They said: We have tried to do it, but this on the floor repeatedly, pulled me driving another 50 or 100 miles for qual- the pharmaceutical companies walk off to the side in the corridor, looked ity care—but it is also a source of great away. They don’t want to give us a around, and whispered: There is a party employment. Probably the best paying penny for our future research. in Australia that also doesn’t believe jobs in town are at the local hospital. Well, that is wrong. We ought to be in climate change. If you want to keep a business or at- investing in that research, rewarding You think to yourself: So it has come tract one, a local hospital is a good the pharmaceutical companies for to that. We have isolated ourselves in selling point. their development of these products, as the eyes of the world when it comes to Do you know what the bill that well, but making certain we continue protecting this world for generations passed the House of Representatives this leadership in the world when it to come. We are going to pay a heavy will do to the rural and smalltown hos- comes to medical research and pharma- price for that, but the biggest price is pitals in Illinois? ceuticals. going to be paid by future generations. Don’t take my word for it. Ask the Il- Can we make a little sacrifice today, The individual market on health in- linois Health and Hospital Association. surance is one that troubles us because drive more energy-efficient cars and They anticipate losing 60,000 jobs in Il- trucks, and think about ways to heat it is the area where people who don’t linois because of the healthcare repeal have health insurance through their our homes and to light up our rooms bill that passed the House of Rep- that don’t consume so much energy? place of employment or don’t qualify resentatives, and they know that many for a government health insurance Well, of course, we can. We have al- hospitals downstate and many in the ready done it, and we can do so much plan—like Medicare, Medicaid, vet- inner city are going to be forced to cut erans care, or the like—go to buy in- more. Walking away from the Paris back in services, if not close, as a re- Agreement is not the path that should surance on the insurance exchange. sult of it. This is where the premiums have gone lead America into the 21st century. What can we do to make this a better up. Now, why have the premiums gone HEALTHCARE LEGISLATION bill, to make the Affordable Care Act up in that one sector? Because when it Mr. President, earlier today, Major- work more effectively? Let me give comes to individuals, those who are ity Leader MCCONNELL came to the you a couple of ideas. First, we don’t older and sicker are the first to sign Senate floor to, once again, be critical have anything in the law today that up, but the healthier, younger ones are of the Affordable Care Act, a law that deals with prescription drug prices. We the last. has resulted in more than 20 million are at the mercy of people—pharma- Americans gaining health insurance. ceutical companies, investment bank- We can sit down on a bipartisan basis The law has lowered the uninsured rate ers, and others—who come and control and find ways to create an incentive so to the lowest in American history. This these pharmaceutical patents. They that we can increase the participation law has put an end to insurance dis- can literally raise the cost of these in this insurance pool and bring down crimination based on preexisting con- drugs beyond the reach of many fami- the premium costs for those who are ditions or gender. It is a law that has lies. paying. made sure that Americans suffering I had a young man come see me. He The third thing we need to do is to from mental health or substance abuse is in high school. He has been fighting make sure that no matter where you addiction can get treatment. It is a law diabetes since he was a little boy. He live in the United States, there is an that extended the solvency of Medicare and his mother talked about the dra- option to choose when it comes to buy- by a decade and decreased prescription matic increase in the cost of insulin ing your health insurance. One of the drug costs for seniors by more than that he has faced over the last several things we can do is to take one of the $1,000 for each senior in America. It is years. Insulin has been around a long most popular medical care programs in a law that has helped to reduce—cut in time. This is not a new wonder drug. It history—the Medicare Program itself— half—the number of bankruptcies filed is a critical, lifesaving drug, but the and duplicate it in a public option in America because so many were the prices and costs of insulin are going available to people across the United result of medical bills that people just through the roof, and there is no way States. Do you want to buy a health in- couldn’t pay. I was proud to vote for under current law for us to deal with surance program that looks like Medi- this law. it. Should we take that up? Of course, care, a not-for-profit program? This Is it perfect? Of course not. Can it be we should. would be your chance. improved and strengthened? Yes, it Blue Cross Blue Shield in Illinois told So those are three ideas that I think should be. Improvements can be made me recently that they spent more we could bring forward in an effort to the same way we have made improve- money last year on pharmaceutical make the Affordable Care Act even ments in Medicare, Social Security, costs than they did on inpatient hos- more responsive. and in so many other programs over pital care, and the costs continue to go Senator MCCONNELL, the Republican the years, but not by repealing Social up. We need good, lifesaving drugs. We Leader, comes to the floor frequently Security, not by repealing Medicare need to reward the companies that find to talk about the choice to expand the but by sitting down on a bipartisan them with a profit. But as to those who Medicaid Program, as allowed under basis to try to find a way to make sure want to gouge prices and take advan- law in many States. I would welcome that we don’t deny health insurance tage of people of modest income or the opportunity to expand that pro- coverage to 23 million people in Amer- folks who don’t have insurance, there gram. ica because of the repeal of the Afford- has to be a way to answer that and to Most people do not understand the able Care Act and to find a way not to deal with it honestly. Medicaid Program. Oh, that is health raise costs on older Americans, which Yesterday, I went with eight other insurance for poor people. Well, in a the bill that passed the House of Rep- Senators up to the National Institutes way, it is, but it is so much more. For resentatives would do, and to find a of Health. It is out in Bethesda, MD. It example, one out of every two births in

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.026 S06JNPT1 June 6, 2017 CONGRESSIONAL RECORD — SENATE S3273 Illinois is paid for by the Medicaid Pro- the two hikers who got to the top of a dance of those who have much; it is gram to keep mom healthy so she de- mountain. They stood near a big cliff whether we provide enough for those livers a healthy baby and to keep that and one hiker said: It is a beautiful who have little.’’ By ‘‘enough’’ he baby healthy as soon as it is born. It is vista. meant, do we provide a ladder of oppor- paid for by Medicaid in 50 percent of The other hiker said: I am so ex- tunity for families to get their eco- the cases of new births. But that is not hausted from hiking all the way up; I nomic footing, to be able to buy a the most expensive thing. wish I could get down quickly. house, to be able to find a job, to be The most expensive thing under Med- The first hiker then said: Let me help able to educate their children? icaid is for your mom and your grand- you with that. And he shoved him off In this budget, President Trump puts mother who is in a nursing home, liv- the cliff. out a different test. With this budget, ing on Social Security and Medicare, That is what this budget does. It he is saying that the test of our and they need help. So they qualify for doesn’t help people get off programs progress is whether we destroy pro- Medicaid to pay for the medical care through education and training; it grams for working Americans in order they need so they can continue to live shuts down the programs. It shoves to fund a $6 trillion giveaway to the wholesome lives. people off the cliff. privileged and powerful. That is Donald The third area, of course, is medical In this budget, millions of struggling, Trump’s test of progress, and I think insurance for the disabled who have on- rural, middle-class, low-income, and we find very few in the country who going needs. Those three areas make working Americans are thrown off the might agree with that vision of making up Medicaid. When the Republican pro- cliff. They are thrown out of these pro- economic and educational progress for posal that came out of the House want- grams as these programs are just working Americans much more dif- ed to cut $600 or $700 billion and give struck down, not because programs ficult. It is not an ‘‘America first’’ tax cuts to wealthy people, they took have served their purpose and are no budget. It is not a foundation for it out of Medicaid. longer needed but because the Presi- American greatness. It is more akin to So which of the groups that I just de- dent wants to do two things. He wants a great train robbery, a great raid on scribed to you would you take health to build a lot more in terms of the the National Treasury to benefit those insurance away from—mothers with military, and he wants to give a tax who are already at the very top. new babies, elderly folks in nursing giveaway of some $6 trillion in the It is a budget that hurts children. It homes with no resources, or the dis- budget, with most of it going to the is a budget that hurts struggling, hard- abled who live in our communities? very richest Americans. This is not an working Americans. It cuts 20 percent I would think it is a step in the ‘‘America first’’ budget; this is a ‘‘bil- from the Children’s Health Insurance wrong direction to hit any of these lionaires first’’ and a ‘‘rural and work- Program, critical for the health of our groups. That is why Medicaid was ex- ing Americans last’’ budget. children. Shouldn’t every child in panded in so many States and why we We see this vision implemented America have access to affordable should continue to find ways to expand through dramatic cuts to food stamps, healthcare? That is a value I can get it in a responsible fashion. children’s healthcare, job training, As I go back home and talk to people behind. But slashing healthcare for after-school programs, scientific re- about this Republican alternative that children and making it harder for them search, and other anti-poverty pro- passed the House of Representatives, it to succeed in life—I can’t agree with grams. One program after another de- is very clear they oppose it. that. I have challenged those Congressmen signed to help American families who Let’s make children hungrier by cut- who voted for the Republican repeal are devastated will be eliminated, all ting the basic food stamp program or bill to find one medical advocacy group in the name of building a wall, building school programs that 44 million Ameri- in my State that supports their effort. more missiles and more bombs, and cans rely on, cutting it by $193 billion. There are none. The Illinois Health and giving this massive, massive giveaway Making children hungrier doesn’t help Hospital Association, the Illinois Med- of the Treasury to the privileged and them learn. Helping children learn is a ical Association, the Illinois Nurses As- powerful. value I can get behind. Making it hard- sociation, and the Illinois pediatricians Now there is good news. The good er for them to succeed in school may be all oppose it. news is that I think we are going to a Trump value, but it is not mine, and The AARP, or American Association have a bipartisan coalition we can I don’t think it is shared by many of Retired Persons, opposes it because build to defeat this budget. Even some Members of this Chamber. the bill removed the protection for el- of our colleagues in the House Freedom We find that he proposes to get rid of derly people when it came to the cost Caucus, who often talk about slashing the subsidization of interest on student of premiums. The AARP believes—and government spending and eliminating loans, making the cost of college even I am afraid the facts bear it out—that programs, are saying that this proposal more unaffordable for low-income and what passed the House of Representa- and its impact on rural Americans and working graduates. He freezes the Pell tives will dramatically increase health rural America is draconian and unac- grants that already have not kept pace insurance premiums for people between ceptable. It is not often that you hear with inflation. He proceeds to wipe out the ages of 50 and 64. We can do better, folks throughout the entire political the Public Service Loan Forgiveness but we need to do it on a bipartisan spectrum come together to say the Program that erases student loans basis. same thing—that this budget is short- after a decade of service to the public. I yield the floor. sighted and ill-conceived—but that is All of this is about making college The PRESIDING OFFICER. The Sen- where we are now. more expensive. I can get behind the ator from Oregon. This budget tells us a lot because a value of making higher education more THE PRESIDENT’S BUDGET budget is an expression of values. When affordable, whether it is apprenticeship Mr. MERKLEY. Mr. President, just a President Trump placed this budget be- training, career technical education, or little less than 2 weeks ago, President fore us, we gained insight into his val- a 4-year college program. I can get be- Trump released his proposed budget for ues. What we quickly learned is that hind making those programs more af- fiscal year 2018, which would begin Oc- President Trump doesn’t place value on fordable, making community college tober 1. He named his plan ‘‘A New struggling and working American fami- programs more affordable because Foundation for American Greatness.’’ lies, helping them climb a ladder to a some form of education, whether it is While unveiling this budget, Director better point. What this budget does tell in the technical education world or Mulvaney, the OMB Director, declared us is that our President is all about community college world or a 4-year that ‘‘We are no longer going to meas- raiding the National Treasury for the program—some aspect of that is impor- ure compassion by the number of pro- privileged and the powerful—quite the tant to virtually every job in America. grams or the number of people on those opposite of what we heard when he was Making it more affordable is what programs, but by the number of people campaigning. virtually every other developed coun- we help get off of those programs.’’ Franklin Roosevelt once said that, as try has done. In Germany, going to a When I read this and looked at the a nation, ‘‘The test of our progress is public university is free in terms of budget, I was reminded of the story of not whether we add more to the abun- tuition—not so here in the United

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.028 S06JNPT1 S3274 CONGRESSIONAL RECORD — SENATE June 6, 2017 States of America. Our students are loans, direct multifamily housing local clinic had gone from 20-some em- burdened by massive, massive debt. It loans, low-income housing repair loans, ployees to about 50 employees, roughly is growing and growing and growing. I farm labor housing loans, self-help doubling the healthcare provided. Why can get behind the value of saying we housing grants. Here again, the Trump were they able to do that? Because shouldn’t make college a financial budget wipes them out. they had had so much uncompensated gauntlet because it is so essential to The Community Development Block care before people had access to insur- the success of our children. But Trump Grant Program provides flexible ance. Now that has dropped dramati- has a different value. His value is let’s strength for rural communities to ad- cally, and their finances are much bet- make it harder. Let’s make it more dif- dress local problems. We talk a lot ter. So they are able to hire a lot more ficult. Let’s put students further into about flexibility in the Senate, ena- people and provide a lot more debt. Those are not values I can sup- bling local areas to decide how best to healthcare to this rural part of the port. Again, I think very few in this use funds. The CDBG, the Community State. But that changes with this Chamber would share in that. Development Block Grant, does exactly Trump budget. The list goes on and on. This isn’t that. Yet it is not valued by our Presi- Let me list a few more details about just an attack on the ladder of oppor- dent, who probably doesn’t even know some of these areas, starting with the tunity for working Americans; this is what the program is, but he wiped it USDA Rural Development Water Pro- an attack on rural America. During the out. grams. last couple of years, I served as the How about the Rural Business-Coop- Last year, 14 projects in my State re- ranking member of the Appropriations erative Service that offers programs to ceived $10.7 million in loans and $6.5 Subcommittee on Agriculture and support business development and job million in grants in order to provide re- Rural Development and FDA, and in training? It is gone too. His budget liable, clean drinking water and waste that time I have seen the tremendous slashes USDA’s rural development pro- disposal, affecting 12,000 folks in rural impact many of these programs have grams by about $1 billion, a little less Oregon. Vernonia, which is in north- had in providing opportunity and than $1 billion. This is a part of the west Oregon, relied on these programs strengthening the economy in rural agency where programs focus on sup- so as to finally improve the town’s America. I value making rural America porting economic development, hous- wastewater system—a project almost stronger, but that is not the value ing, and infrastructure in rural com- 20 years in the making. I have visited Trump put into his budget. He put into munities. Vernonia a number of times. In 1996 it this budget: Let’s undercut, let’s un- Then we have the impact on rural suffered a terrible flood, and then, dermine, let’s make it more difficult healthcare. This budget impacts rural again, in 2007, there was another major for rural America. This is truly a healthcare in several different ways. It flood. The floods overwhelmed Vernonia’s wastewater treatment sys- ‘‘rural America last’’ budget. cuts the Rural Hospital Outreach It eliminates funding for Essential Grant Program that helps small rural tems and lagoons and caused overflows Air Service. The Essential Air Service hospitals get resources to create on public and private properties as well is essential to key small towns across collaboratives for long-term care facili- as into the nearby Nehalem River. our Nation, including one in my home ties or with ambulance services. It Thanks to loans and grants from the State. If the Essential Air Service is eliminates the State offices of rural USDA’s rural water programs, the wiped out, the economy of that town, health. town of Vernonia was able to purchase Pendleton, would be dramatically im- In addition, this budget destroys new equipment, upgrade its wastewater systems, and protect the water for its pacted. healthcare for 23 million Americans, It slashes the Contract Tower Pro- and many of those live in rural Amer- residents. That is just one community gram that supports even more air- ica. In fact, in Oregon, about one out of that has benefited. Let’s talk a little bit more about ports—six of them in my State—rural three individuals, almost one out of housing. The budget singles out many airports that need that contract tower three in our small towns find housing programs to cut. support to be able to remain open. healthcare through the Oregon Health It eliminates the USDA Rural Devel- Small towns from Aurora to Klamath Plan, the Oregon Health Plan funded opment’s direct housing loan programs Falls would be dramatically impacted. by Medicaid. Rolling back Medicaid and most of the housing grant pro- How about rural infrastructure? He would throw some 400,000 people off of grams and community facilities pro- takes out the rural water and waste- healthcare in Oregon just by itself, and grams, which include programs like the water disposal program. As I hold that would make a huge impact in rural Single Family Housing Direct townhalls around my State—and I go rural Oregon. Loans, the rural Multi-Family Housing to every county every year, all 36. Be- I have been holding a lot of townhalls Direct Loans, the self-help housing pro- fore I hold a public townhall where peo- in rural Oregon. This year I have had gram, housing repair loans, and the ple can ask any question they want, I over 12 in what you would see on a map Farm Labor Housing Program. meet with the local county commis- as pretty red counties, and people are With so many States and so many sioners, city commissioners, and all coming up to me at townhalls and say- communities across our Nation suf- the locally elected. In virtually every ing that they are scared to death about fering from a shortage of affordable county, every year, I hear about the this budget’s impact on healthcare. and available housing, how can we con- challenge of water infrastructure, ex- They are not just scared; they are ter- sider it a positive thing to slice and panding the clean water supply or rified. And they are not just terrified; dice these programs? waste water treatment. These two they are angry because they finally Last year, 6,000 rural Oregonian fami- challenges are enormous. Yet here is have the peace of mind that if a loved lies were living in 211 affordable apart- President Trump wiping out the rural one gets sick, that loved one will get ment complexes thanks to USDA fi- water and wastewater programs. the care they need, that loved one will nancing. But keeping these programs How about critical housing pro- not end up bankrupt. That is a huge and strengthening our housing initia- grams? Well, here is the issue. In our improvement in quality of life, but this tives isn’t just good for our Nation’s rural communities, often the economy budget from the President destroys families. It is also critical for the eco- is hindered by the lack of availability that peace of mind. nomic development of rural towns and of affordable housing. I have been in It is not just impacting those who di- communities. As I have mentioned so town after town after town saying: We rectly benefit from the Oregon Health often, I have heard from town leaders have interest by a company to move Plan; it also impacts everybody else in that they have a potential deal within here because of some of the key assets the rural communities because the their grasp, and it falls out of their we have. Then they decide not to be- health plan has enabled our rural clin- grip because of the shortage of housing. cause they don’t have affordable hous- ics and hospitals to do much better fi- We need to do better in this area, not ing in the community for them to be nancially. worse. able to hire the staff they need. So we Out in the northeast corner of my Let’s talk about another program— have these programs at the Federal State—it is a very remote and beau- the Forest Service Collaborative For- level—direct single-family housing tiful place—a person told me that his est Landscape Restoration Program.

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.030 S06JNPT1 June 6, 2017 CONGRESSIONAL RECORD — SENATE S3275 This program is an all-lands approach I would like to take the President to themselves. And most people do not to collaboratively encouraging science- real working America so that he may have the money to easily absorb a 105- based ecosystem restoration of priority see the real impact on the ground of percent premium increase or more in forest landscapes. destroying rural health clinics, see the many States, as I pointed out, over 5 Let me put it more simply. real impact on the ground of destroy- years. Often, in terms of forest health, we ing rural water systems, and see the Of course, premium increases show have a challenge. The work in the real impact on the ground of destroy- no signs of slowing down. Numbers for woods can be quite expensive to im- ing rural housing programs. We need to 2018 are emerging, and they are not prove forest health, and, often, you get the President outside of his billion- looking good. Insurers on the New have disputes between the environ- aire bubble and seeing the impact so York exchange are requesting double- mental community and the timber that, somehow, he gets a grip on what digit rate hikes. A Connecticut insurer community on just how this should be it means to guide this country in edu- requested an average rate hike of 33.8 done. A collaborative brings together cation policy and economic policy and percent. One Virginia insurer requested these elements—the environmental so that we strengthen that ladder of an average rate increase of 38 percent. side and the timber side—with the goal opportunity rather than destroy it. Another has requested an average 45- of both making the forest healthier and I thank the Presiding Officer. percent rate hike. In Oregon, the aver- providing a steady supply of sawlogs to The PRESIDING OFFICER (Mr. age rate hike requested is 17.2 percent. the mill. STRANGE). The Senator from South Da- Companies offering plans on the ex- This is something that happened in kota. change here in Washington, DC, are re- the Fremont-Winema National Forest, HEALTHCARE LEGISLATION questing average rate hikes ranging and it has given environmental and Mr. THUNE. Mr. President, everyone from 13 percent to nearly 40 percent. In conservation groups confidence that remembers President Obama’s fa- Maryland, average increases range Fremont-Winema is on a track to hav- mous—or perhaps infamous—promise from 18 percent to almost 59 percent. ing a healthier ecosystem. At the same that he would sign a healthcare bill One insurer in Maryland has requested time, their work has helped to ensure that would ‘‘cut the cost of a typical a rate increase of up to 150 percent—150 that there is a balance between the family’s premiums by up to $2,500 per percent for just one year. As if the premium hikes aren’t bad timber industry and environmental year.’’ Well, as everyone knows, that enough, many Americans don’t have a protection, which means that timber is didn’t happen. Between 2009 and 2016, cheaper option to choose. In 2017, still coming and will keep coming to the average family with employer- roughly one-third of U.S. counties have the local mill, which will help to create sponsored health insurance saw its pre- just one choice of insurer on their local jobs, like at the Collins Mill in miums rise by $4,767. That is just the ObamaCare exchange—one choice in Klamath Falls. That mill is able to beginning. one-third of all the counties in Amer- continue employing more than 80 Two weeks ago, the Department of ica. So you pretty much have to take workers because of the steady supply of Health and Human Services released a whatever rate they are going to quote logs that makes its way from Fremont- report comparing the average indi- you when that is the only option in Winema due to the eco-friendly forest vidual market insurance premium in town. Talk about a lack of competi- management practices. 2013—the year when most of tion. This ‘‘billionaires first’’ and ‘‘rural ObamaCare’s regulations and mandates Several States, including Alabama, America and workers last’’ budget is were implemented—with the average Oklahoma, Alaska, and Wyoming, have going to die here in the Senate because individual market exchange premium just one choice of insurer for the entire there is going to be a bipartisan coali- in 2017 in the 39 States that used State. The entire State—in those tion of Democrats and Republicans who healthcare.gov—so 2013 to 2017 indi- States that I just mentioned—has one say that undermining the success of vidual market premiums. Here is what choice of insurer. Things are only get- our families in order to provide a mas- they found. Between 2013 and 2017, the ting worse. sive giveaway—a raid, if you will, on average individual market monthly In 2018, a number of counties may the National Treasury—and a handout premium in the healthcare.gov States lack any ObamaCare insurer at all. On to the privileged and powerful is, sim- increased by 105 percent. In other Friday, the Omaha World-Herald an- ply, the wrong way to go. This is, real- words, on average, individual market nounced that 100,000 Nebraskans could ly, Robin Hood in reverse. This is a sit- premiums more than doubled in just 5 end up with zero options for individual uation in which the working families years. market coverage in 2018. Iowa is facing are undermined to provide a $6 trillion In my home State of South Dakota, a similar situation. In April, Wellmark raid on the Treasury, with most being premiums increased by 124 percent or Blue Cross and Blue Shield announced given away to our richest American $3,588 over 5 years. As I said, that is ac- that it will withdraw from the indi- families. cording to HHS reporting on the pre- vidual market in Iowa in 2018. Days I do not know that there is anyone in miums in the individual market ex- later, Aetna announced that it would this Chamber who is not already aware changes over the course of the past 5 pull out of the Iowa exchange. In the that we have massive income inequal- years. So $3,588 in South Dakota is wake of these announcements, Medica, ity here in the United States of Amer- money that South Dakota families had the last ObamaCare insurer for most of ica. I do not think there is any Senator to take from other priorities, like sav- Iowa, announced that it will likely among the 100 Senators of the Senate ing for retirement or investing in their leave the State in 2018. That would who is unaware that we have a massive children’s education. leave 94 of the 99 Iowa counties with no wealth gap in America. It has gotten Three States saw their premiums tri- ObamaCare insurer next year. larger and larger and larger until it has ple over those 5 years. The average Republicans in the Senate are cur- become equal to that level or near that monthly premium in Alaska went from rently working on legislation to repeal level at which it was before the Great $344 to $1,041. That is an increase of and replace ObamaCare. Why? Because, Depression. That is not a way for $697 per month or more than $8,300 a as I just pointed out, ObamaCare is America to thrive—to raid working year. Think about that. Over the past 5 broken. This law is not working. This families in order to provide even more years, the average individual market law has never worked. It shows abso- giveaways to those who have the most. yearly premium has increased by $4,800 lutely no sign that it is going to work I must say that this budget does not in Arizona, by $3,648 in Louisiana, by in the future, particularly if those pre- surprise me. It does not surprise me $5,064 in North Carolina, by $4,488 in mium increases are any indication. that the President submitted this. The Tennessee, and by $5,292 in West Vir- From first to last, this law has been a President himself is a billionaire. The ginia. Those kinds of premium in- disaster—high premium costs, high President lives in that world of billion- creases are just not sustainable. deductibles, customers losing health aires, and he was persuaded to think Some people, of course, received tax plans, customers losing doctors, fewer that helping the billionaires to have credits to help offset their premium choices, failed co-ops, unraveling ex- even millions more would, somehow, be payments, but many others are left to changes. I could go on and on because good for America. face these massive premium hikes by the list of the failures goes on and on.

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.036 S06JNPT1 S3276 CONGRESSIONAL RECORD — SENATE June 6, 2017 Given all of this, it is hard to believe The brave men and women who have showed his courage and his superiority the Democrats are still defending this served our country deserve the very in planning. As a result, that battle disastrous law. I sometimes wonder best care our Nation can give them. turned around the course of the war in just what it will take for my Democrat That is why I rise today in support of the Pacific with Japan. What a day to colleagues in the Senate to accept the the VA Accountability and Whistle- remember, June 6. staggering amount of evidence that blower Protection Act, which I believe I yield the floor. says this law has failed. Do premiums will pass by a voice vote in the Senate Mr. VAN HOLLEN. Madam Presi- have to triple? Do they have to quad- later this afternoon. dent, we are all united in support of a ruple? Does every American on the ex- This bipartisan bill will help improve strong and effective VA that is able to changes have to be reduced to just one the quality of care our veterans receive provide topnotch services and support choice of insurer or be without an in- by reforming the Department of Vet- to the veterans who have served our surer at all? erans Affairs and making it easier for country nobly. None of us can be satis- ObamaCare was going to reduce pre- the Secretary of the VA to fire poorly fied with the current state of the De- miums. It didn’t. People were going to performing employees. The legislation partment, and I share the frustration be able to keep their healthcare plans. will allow the VA to hold its employees of constituent veterans who are unable They regularly found out that they more accountable. It will also create to get the basic care and treatment couldn’t. Buying insurance was going new protections for whistleblowers— they need, from widows and families to be like shopping for a TV on Ama- those who report wrongdoing. And it who have lost loved ones while under zon—well, maybe if Amazon had only would ensure that any employee who is the care of the VA, and from dedicated one brand of television. terminated has an adequate oppor- VA employees who are frustrated with The responsible thing to do when a tunity to appeal their dismissal. the waste and inept management that government program has turned out to For years, the VA has been plagued prevent them from providing the care be a disaster is to repeal it. That is by reports of inefficiency and long wait they believe our veterans deserve. The what Republicans are working to do times. I might say that often we find revelations about the continuing prob- with ObamaCare. We are working to re- those reports are true, but that is com- lems at the District of Columbia VA peal this law and replace it with real pletely separate from the quality of medical center should serve as a new healthcare reform. My colleagues in medical care that is given through the wake-up call that immediate attention the House have made a good start. We VA healthcare system. If you talk to is needed to make the VA right. are working to build on their bill in the almost any veteran, they are very I supported the nomination of Dr. U.S. Senate. Chairmen ALEXANDER, pleased with the quality of that med- David Shulkin to be VA Secretary and ENZI, and HATCH have been leading the ical care. It is the administrative stuff gave him my full support to make charge on this. I am grateful to them getting in the way, and that is what changes to the organization to address and their staffs for all of their hard there has been such an outrage about. the management problems and lapses work. Well, this VA bill is going to help the in care that plague the VA. There is no Republicans are committed to restor- VA get rid of the bad actors while pro- question that the VA needs reforms ing the millions of Americans trapped tecting the good ones. I want to make that will make it more responsive to on the ObamaCare exchanges and lift- it clear that the vast majority of VA the needs of our veterans, and more ac- ing the burdens this law has foisted employees perform their work admi- countable when it does not adequately onto taxpayers. We are committed to rably in an often thankless environ- serve them. addressing ObamaCare’s skyrocketing ment. These dedicated public servants The VA Accountability and Whistle- premium increases. We are committed work hard to provide the day-to-day blower Protection Act attempts to ad- to preserving access to care for Ameri- care our veterans deserve, and they dress these issues by making it easier cans with preexisting conditions. We should be protected. That is why, while for management to discipline and re- are committed to making Medicaid I believe it is important to hold poorly move VA employees. It is essential more sustainable by giving States performing employees accountable, I that managers have this authority to greater flexibility while insuring that also believe that it is important to pro- remove employees who violate their those who rely on this program don’t tect the rights of the employees who duty to care for our veterans. It is also have the rug pulled out from under may have been wrongly terminated, es- important that our removal process be them. We need to make healthcare pecially at the lower levels, by giving implemented in a fair and impartial more affordable, more personal, more them the opportunity to appeal a su- manner. The House bill failed to pro- flexible, and less bureaucratic. pervisor’s decision to fire them. This vide those protections, and I appreciate It would be wonderful if at least some bill we are going pass does that. It is Senator TESTER’s work on this issue Democrats would join us in this effort supported by dozens of veterans service and his efforts to improve the bill that and stop prioritizing partisanship over organizations, the Office of Special the House passed. I am concerned, how- the needs of the American people. Re- Counsel, the Secretary himself. So I ever, that some provisions in the bill publicans know that the American peo- urge our colleagues to join me and join weaken the worker protections that ple are suffering under ObamaCare, and so many of us in voting in favor of the are necessary to avoid arbitrary or po- we are committed to bringing them re- bill. litically motivated disciplinary ac- lief. They are ready for healthcare re- I would also say that on this very fa- tions. Our Nation’s civil service protec- form that actually works, and that is mous day, this anniversary, June 6, I tions are intended to allow Federal what Republicans intend to deliver. have been to the beaches of Normandy, workers to do their jobs free of intimi- Mr. President, I yield the floor. I have been to Omaha Beach. As a mat- dation or political interference. Em- I suggest the absence of a quorum. ter of fact, while there, it is impossible ployees can be disciplined or removed, The PRESIDING OFFICER. The to walk into that cemetery on the cliff but only with due process that exposes clerk will call the roll. overlooking the beach—it is impossible the full facts of the case. Reforms that The senior assistant legislative clerk to walk into that beautiful, beautiful rely on fear of arbitrary discipline or proceeded to call the roll. American cemetery and not become removal are not truly reforms, but will Mr. NELSON. Mr. President, I ask very, very emotional, realizing what create a toxic environment within the unanimous consent that the order for happened in 1944. agency. While I have concerns about the quorum call be rescinded. I felt so strongly about this that at some of the provisions of this bill, we The PRESIDING OFFICER. Without one point I wanted to put on my jog- must provide veterans the care and objection, it is so ordered. ging shoes and run the 4 miles of that support they need from the VA. Mr. NELSON. Mr. President, it is fit- Omaha Beach. I wanted to reach back I admire the dedication and commit- ting that today, June 6, the anniver- into time, having been there where so ment of our Federal workers at the VA, sary of D-day in Europe and the Battle many sacrificed so much. many of whom are veterans them- of Midway in the Pacific, we are talk- Then, of course, the Battle of Mid- selves. Most care deeply and go the ing about our country’s veterans in the way, the time which turned the battle extra mile to serve those who have debate that is going on in the Senate. in the Pacific, where a young admiral served. I know that Secretary Shulkin

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.037 S06JNPT1 June 6, 2017 CONGRESSIONAL RECORD — SENATE S3277 recognizes the enormous talent in our priations bills this body has appro- The debt crisis and the budget prob- Federal workers, and I believe he priated each year is 21⁄2. lem are interlinked. There is no way should strive to create a stronger team Now, by any measure, that is unac- that we can solve the debt crisis unless by rapidly filling the 45,000 vacant civil ceptable, but we are now asked, be- and until we solve the budget process. service positions currently at the VA tween now and September 30, in a very The difficulty comes in trying to align and by building on the strong sense of truncated manner, to do the budget, do the prospects within the process itself purpose that motivates our VA Federal all 16 authorizations and all 12 appro- of getting to a determination. workforce and cares for our veterans. priations. Now, I am not a betting Right now, the budget process Mr. NELSON. I suggest the absence man, but I will go to Vegas and short doesn’t work for this very reason: The of a quorum. that idea right now. There is no way we budget itself is not a law. It is a resolu- The PRESIDING OFFICER. The are going to fund this government ac- tion, which means the majority party clerk will call the roll. cording to that policy—no way. It will can cram down the throat of the mi- The senior assistant legislative clerk not happen. It can’t happen. It has not nority its version of a political budget. proceeded to call the roll. happened in 43 years that way except That is all it is. Mr. PERDUE. Mr. President, I ask four times. Then you go to an authorization unanimous consent that the order for Every single year this process breaks process, and, in the authorization proc- the quorum call be rescinded. down. Like I said, we have used 178 ess today, we have over $310 billion of The PRESIDING OFFICER. Without continuing resolutions. What does a CR Federal expenditures that are not au- objection, it is so ordered. do? It ties the hands of our military thorized, including the State Depart- THE BUDGET PROCESS leaders, where they can’t move money ment. Last year, we didn’t even do an Mr. PERDUE. Mr. President, we have from one bucket to the other to help authorization for our military. Even 50 workdays in the Senate before the accommodate it. So what we have right then, after passing the appropriations end of this fiscal year—50 days. That now is a process that just has not bill in the Armed Services Committee does not include the 5 weeks we will be worked. Yet, because of that, the Fed- 30 to 0, we could not get that bill on gone during the August State work eral Government has exploded in size. the floor of the Senate. We tried six weeks. I rise tonight to talk about In 2000, the Federal Government times. So it was not authorized or ap- what happens September 30. September spent $2.4 trillion running the Federal propriated last year, but it got wrapped is the end of the fiscal year. That Government. Last year, we spent $3.9 up in an omnibus, and that same thing means we have to have the Federal trillion. Those are constant 2016 dol- will more than likely happen this year. Government funded for fiscal year 2018, lars. Over the next 10 years, we are This can be fixed. It is not that dif- which starts October 1 of this year. going to spend $53 trillion running the ficult. Several of us have been working Like most years—as a matter of fact, Federal Government. We are going to behind the scenes, looking at other like every year since 1980—the Federal borrow a significant part of that—an- best practices around the world—other Government will probably not be fund- other $10 trillion. countries, companies, and even States. ed by the end of this fiscal year in the The irony is, the debate we are hav- We have looked at best practices. What manner it was supposed to be, accord- ing between now and September 30 is to we found was that nobody else tries to ing to the law that was done in 1974, fund the government, not on the full $4 fund their government or their enter- the Budget Act of 1974. In the last 43 trillion we are going to spend next year prise the way we try to fund the Fed- years, the Federal Government has running the Federal Government, we eral Government. This goes back to ar- only been funded four times, according are going to have this debate on only ticle I and article II of our Constitu- tion. to that bill. We have used 178 con- about $1.1 trillion, the discretionary Article I says that funding the Fed- tinuing resolutions, and therefore on- side of the budget. eral Government is the responsibility going omnibuses and so forth, where If you do the math, in the last 8 years of Congress. Yet we have absconded and, oh, by the way, in the next 10 six people get in a room, basically de- with that. The 1921 act that created the years, according to the current CBO cide how we are going to spend $1 tril- Office of Management and Budget went baseline budget, we borrow over 30 per- lion. well beyond what I think is called for This is the only enterprise I can find cent of what we spend as a Federal in the original Constitution. So what anywhere in the world that funds its Government. Well, discretionary we are looking at today is a legislative operations this way. The problem is, spending over the next 10 years is going underreach and an executive overreach we have a system that is absolutely to- to be less than that. So what that relative to funding government, out of tally broken. It is a fraud that is being means is, over the last 8 years and over necessity because of the dysfunction perpetrated on the American people. the next 10 years, every dime we have right here in the Senate relative to We have been asked, between now and spent on discretionary spending has, by how we fund our government. There is September 30—this is the way the definition, been borrowed. no question that we will not fund this budget process works. By the way, we There is no other way to look at it. government without a continuing reso- should have started this back in Janu- That means that every dime we have lution and/or an omnibus come Sep- ary, but we couldn’t do it because we spent for our military, which is about tember 30. were working on the fiscal year 2017 $600 billion today, every dime we spend The fix is not that unreasonable. All budget to do reconciliation so we could on our VA, which is a little less than we need is a politically neutral plat- work on healthcare. $200 billion, and every dime we spend form that brings all expenses into the Now we are going to, when that gets on all other domestic expenditures, in- budget process—all $4 trillion today. done, do a budget for 2018. We will do a cluding healthcare, by the way, comes That would include discretionary and reconciliation and hopefully do a tax to $1.1 trillion. Every dime of that mandatory and that the budget become package behind that, but wrapped up in today is borrowed money. That means a law, which means that we have to get all of that, here comes September 30 we have to go to China and the rest of bipartisan support for the budget. and 50 workdays from today to fund the the world to fund all of our discre- Then, lastly, if we don’t get the budg- Federal Government. Between now and tionary spending. et done by a certain date and we don’t then, in 50 days, we are asked to do a Now, by anybody’s estimate—con- fund the government by the end of the budget for fiscal year 2018, to do full servative, liberal, whatever—that is fiscal year, then, severe consequences authorizations for 16 different entities, not acceptable. Here is why it is not are borne by the people who have the committees, and then do appropria- acceptable: It cannot be sustained over responsibility to fund the government, tions for 12 committees. a long period of time. Yet we are sit- and that is the Senate, the House of By the way, over the last 43 years, ting here with a budget today that goes Representatives, and the people in the you have to fund 12 appropriations bills for the next 10 years that says we are administration who are responsible for to fund the Federal Government. It was going to continue operating business as their part of it. 13 appropriations bills up until around usual and add another $10 trillion to It is not that complicated. Many 2000. Since then, it has been 12, but of this already burdensome debt of $20 other countries do it. Most other coun- those 12, the average number of appro- trillion. tries do it. In fact, in some countries, if

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A06JN6.033 S06JNPT1 S3278 CONGRESSIONAL RECORD — SENATE June 6, 2017 they don’t fund the government by the my colleagues in here to be reminded are scared, and they have a right to be. end of their fiscal year, their constitu- of what we are going to have to do to The policies in TrumpCare would turn tions actually say that the government fund the government come October 1. our healthcare system into a minefield gets disbanded and they have an elec- Please, let’s not get right up to Sep- of higher costs and worse care for our tion. Well, that is not what I am call- tember 30 with a gun to our head that families. If you are a young person who ing for here. I don’t think we have to says: Either do it this way, spend this needs mental healthcare, you could pay do anything that severe. money this way, or do not fund the thousands more a year on top of what There are colleagues of mine right government tomorrow. That is total ir- you are already paying for insurance. If here in this body, on both sides, who responsibility, just like I believe this you are a senior, your premiums could have contributed—Senators WHITE- budget process is a fraud perpetrated increase by as much as 850 percent. If HOUSE, ENZI, CORKER, LANKFORD, by Washington on the people of Amer- you need maternity care, the inde- TILLIS, ERNST, ROUNDS, SULLIVAN, ica and it is not honest relative to pendent analysis by the Congressional DAINES, and others—and who are what we have to face up to in terms of Budget Office shows you could pay as weighing in on this. Governors, who our responsibilities. much as $1,000 more a month. have executive experience running We cannot afford to do all that we Under TrumpCare, 23 million people large financial enterprises at the State are doing. That is just pure fact. The across the country would lose cov- level, have come into this body and world is no longer going to be able to erage, and, because insurance compa- bring enormous wealth of experience loan us the money that we need over nies would have far more power to about how to get this done. the next 10 years—another $10 trillion. lower their standards and offer skimpy, My argument is that right now, dur- There is some $200 trillion of total debt snake-oil plans, we would go back to ing this period of dysfunctionality in the world. Only $60 trillion of the the days when a trip to the emergency when we see firsthand the reality of $200 trillion is sovereign debt, and we room could result in a truly dev- not being able to take care of domestic have one-third of that sovereign debt astating financial hit. needs, military needs, or any other dis- today. Now, most other countries have I have just described some of the big- cretionary enterprises that we want to curtailed their borrowing. We are one gest impacts TrumpCare would have. fund because of our own budgeting in- of the few that continue to just race None of them help patients and fami- transigence, I can find no other time along this path of borrowing money at lies. They instead do serious harm. better than what we have right now to this breakneck pace and adding an- But you know who would benefit raise the question on both sides of the other $10 trillion. We could, poten- from TrumpCare? Special interests in tially, have over half of the world’s aisle. This is not a partisan conversa- the healthcare industry that would get sovereign debt in the next 10 years. tion. Both sides are guilty, but let’s a massive tax break and, of course, That cannot happen. The world bond come up with a politically neutral President Trump, who is desperate for risk and the bond markets will not, po- platform that would allow both sides, a political win. tentially, allow that to happen. during the budget process, to talk For these reasons and many more, So today is the day. As we go people across our country are rejecting about tax increases, tax expenditures, through the next 50 days, I believe we spending cuts, all the spending that we TrumpCare. They don’t want the dra- need to look for opportunities on both matically higher healthcare costs. have, and all the responsibility we have sides of the aisle to find a bipartisan in the Federal Government or in the They don’t want this bill to create way to stop this nonsense and to get to even more chaos in our healthcare sys- Congress of funding the Federal Gov- where we can fund the government in a tem than Republicans already have, ernment. Why not? responsible way each year, not just 1 and they certainly don’t think they We have one suggestion that says: year, and to get away from the past 43 should have to pay more, all to appease Pick a time in the future. Decide what years of total failure in terms of fund- President Trump and those at the very percentage of your GDP should be cov- ing the Federal Government, such that ered by debt—no more than that—and top. when we get to September 30 of each Senate Republican leaders have said have a limit on that, and then pick a year, we have already approved the they expect their final product will roadmap back from that point in time budget and we have the appropriations look a whole lot like the version of to today with guardrails around that. lined up and funded for the needs that TrumpCare that passed in the House. That suggestion comes from the other we have all agreed here in Congress In fact, some of them said they expect side of the aisle, and I applaud that need to be met. suggestion and I think it is very work- I can think of no other call on this to keep as much as 80 percent of the able. I think we can find ways to make body higher than this right now be- House-passed version of TrumpCare. So all of this work. This should not be a cause it puts us at risk of doing the it is no wonder that they are now hav- partisan conversation. very things that we need to do; that is, ing trouble figuring out how to cobble I sit on the Armed Services Com- to take care of our domestic needs, to together enough votes to jam this dis- mittee, and I sat on Foreign Relations take care of the people who need the astrous bill through the Senate. If that the last 2 years. Both of those commit- safety net, to take care of these legacy is truly the case, then, I would again tees are really very strong bipartisan programs of Social Security and Medi- encourage them to drop this reckless efforts by every Member. care, and yet defend our country. Be- repeal effort, to stop creating chaos in That is what is needed here, and yet cause of this debt, we are limiting the our healthcare system, which is driving the Budget Committee, ironically, is opportunities that we have, and we will up our premiums, and to work with one of the most partisan committees. not solve that until we address this Democrats on real solutions. The reason it is so is because of the law budget process. We are ready, like we have always itself, because the budget is not a law. I yield the floor. been, to find ways to bring down fami- It is a resolution. My contention is The PRESIDING OFFICER (Mr. lies’ healthcare costs while making that this is the root of this problem. It PAUL). The Senator from Washington. sure they get the same quality of care is one of the causative factors that TRUMPCARE and finding ways to get families more cause this debt to be uncontrollable Mrs. MURRAY. Mr. President, I wish affordable coverage. Unfortunately, we and to cause a dysfunction in this body to take a few minutes this afternoon to have not heard from any Republicans from even being able to attempt to talk about TrumpCare, specifically, who are willing to reverse course. That bring that under control. about what families back in my home is why, despite how much trouble Re- The solution is not just taxing more. State of Washington are saying about publicans may be having with their dis- It is not just spending more. It is not the harm that this bill will do and why, astrous policies, I am here today urg- just growing more. The problem is despite how often Republicans say they ing anyone who rejects TrumpCare and much bigger than that. The debt prob- are struggling to find a way to jam what it means for our families’ health lem will never be solved unless and TrumpCare through the Senate, now is and financial security to fight as hard until we solve this budgeting process. the time to keep the pressure on. as they can against this bill. Keep As we close in on the next 50 days, as I have had to say this far too often: making those calls, keep rallying, and we check off every single day, I want Right now people across the country keep sharing your stories.

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.041 S06JNPT1 June 6, 2017 CONGRESSIONAL RECORD — SENATE S3279 Since the election, I have heard from promises, but he couldn’t do it because tions and to do it in a fair but expedi- family after family in Washington it can’t be done. tious manner. This bipartisan legisla- State about what the future holds for From his promises not to cut Med- tion will provide the VA Secretary their healthcare. One of those is a con- icaid or Social Security to his promise with the necessary tools to do just that stituent of mine named Marcy Jeffer- to provide ‘‘insurance for everybody’’ and ensure that VA employees are put- son. Her husband is a small business that was better and at lower cost, ting our veterans first. Specifically, owner, and they purchase individual in- promise after promise was not just bro- this legislation establishes in law the surance. ken but shattered. Office of Accountability and Whistle- Well, in 2014 Marcy was diagnosed So I urge my colleagues, Democrats blower Protection within the VA, a with cancer. She has had to have not and Republicans, to reject President post which was created earlier this one but two stem cell transplants since Trump’s anti-worker, anti-student, year through Executive order. It au- then, and her chemotherapy costs are anti-woman, anti-senior agenda. thorizes the Secretary of VA to rep- over $3,000 each month. Thankfully, we are seeing signs that is rimand, suspend, demote, or remove Before the Affordable Care Act, happening. Democrats, Republicans, VA employees at any level and hasten Marcy’s health insurance had no out- and Independents have been criticizing the appeal and review process. Addi- of-pocket limit. Without limits on how this budget here in DC and across the tionally, it establishes protections for much insurance companies can charge country. One senior Republican Sen- whistleblowers . patients—a protection that TrumpCare ator called it ‘‘dead on arrival,’’ and he These reforms are important for our would take away—Marcy says she and is exactly right. veterans. That is why the legislation her husband will most definitely face The families we represent want us to has garnered the support of many vet- bankruptcy. work together, to invest in our workers erans organizations. It has garnered Marcy also says that the ACA ‘‘lit- and in our middle-class families, to the support of our North Dakota VA erally saved my life—and we could not protect patients, to stand with women, Commissioner, as well as the veterans afford the type of care I am receiving to grow our economy from the middle service organizations, including the without it.’’ out, and not simply give more tax cuts American Legion, AMVETS, Veterans There are stories like Marcy’s in lit- to the wealthy or well connected. We of Foreign Wars, Iraq and Afghanistan erally every community in our coun- were able to do this before. Recently, Veterans of America, the Military Offi- try—in red States, in blue States, in Democrats and Republicans came to- cers Association of America, and oth- purple States. It is appalling that in- gether to pass a spending bill that re- ers. It has also garnered the support of stead of working with us to make jected President Trump’s extreme cosponsors on both sides of the aisle in healthcare more affordable and with agenda and worked for families and the this Chamber. higher quality and expanding coverage, middle class. We were able to come to- Seventy-three years ago, over 160,000 instead of listening to people like gether on bipartisan budget deals that brave Allied troops landed on the Marcy and joining us at the table, Re- increased investments. So I am hopeful beaches of Normandy. I can think of no publicans are trying to jam through that Republicans will stand with us on more an appropriate day to pass legis- the Senate a plan that would do the op- the side of the people they represent, lation that honors our commitment to posite—one that would threaten lives push aside this awful budget from the our veterans and helps ensure they re- and devastate our families financially. President, and work with us to do this ceive the care they have earned. So I am going to do everything I can again. I stand ready to do that. I thank the committee chair, Senator to fight back, and I will keep working Mr. President, I yield the floor. ISAKSON of Georgia, and also Senator hard against the deeply harmful The PRESIDING OFFICER. The Sen- TESTER of Montana for their out- TrumpCare plan that Republicans are ator from North Dakota. standing bipartisan leadership on this determined to get signed into law. Mr. HOEVEN. Mr. President, I rise important legislation. Families like Marcy’s are bravely today to speak in support of the VA I particularly also want to thank speaking up and making clear just how Accountability and Whistleblower Pro- Senator MARCO RUBIO of Florida, who damaging TrumpCare would be, and tection Act—bipartisan legislation is the primary sponsor of this legisla- that is exactly what Democrats here in that will help ensure that our veterans tion and has been a champion for vet- the Senate are going to do as well. receive the care they deserve. erans issues. I know this account- THE PRESIDENT’S BUDGET We owe our veterans more than we ability issue is one he has spoken about Before I close, Mr. President, I want can ever repay for their dedicated serv- consistently, often, and passionately to take a couple of minutes to talk ice. Part of this debt is providing our on behalf of our veterans. I thank him about President Trump’s latest budget veterans with timely, high-quality for his leadership on this very impor- proposal, because even after last healthcare. tant legislation. week’s stunning move by President In my home State of North Dakota, At this time, I yield to the prime Trump to obstruct our fight against our VA medical center is located in sponsor of this bill, Senator MARCO climate change and seeing another con- Fargo. It not only serves the veterans RUBIO. firmation the week before that that 23 in North Dakota, but it also serves the The PRESIDING OFFICER. The Sen- million Americans would lose their western half of Minnesota as well. If ator from Florida. healthcare coverage under TrumpCare, there is one thing that our veterans Mr. RUBIO. Mr. President, I want to we cannot lose sight of the grand scope have made very clear about the health thank the Senator for his kind com- of President Trump’s cruel attack center in Fargo—from both North Da- ments. This issue is one that I think against working families. Nowhere has kota and Minnesota—our veterans have matters to all 100 Members of this the President’s broken promises to made clear that it is an outstanding Chamber and every American. working families been more evident healthcare center that provides high- I, too, find it timely that here we are, than in his recent budget proposal. quality service. Our veterans love the 73 years to the day of the incredible President Trump spent his campaign Fargo VA. They do a great job. sacrifices that were made on that promising workers he would stand with It is important to note that the vast beach in Normandy and that we have them, promising seniors he would pro- majority of VA employees are dedi- the opportunity to honor the men and tect their care, promising the middle cated to serving our veterans and are women who have served for us, then class he would make the economy work working diligently to provide services and since then, particularly those who for them. Then he came to Washington, to veterans in their communities. How- are now in need of services, with the DC, and crafted a budget that is a per- ever, as recent events have shown, passage of what is truly landmark leg- fect summary of all the way those there are a number of instances where islation, and I will talk about that in a promises are broken. poor performance or misconduct by a moment. It is the hope of all of us who In fact, the President’s budget direc- VA employee has had tragic con- are supporting this that it will help tor came up to Capitol Hill just 2 sequences. bring accountability for generations of weeks ago to try to defend the budget, In cases like these, the VA needs to those who have served and will serve to to try to explain how it didn’t break have the ability to address these situa- protect our great Nation.

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.042 S06JNPT1 S3280 CONGRESSIONAL RECORD — SENATE June 6, 2017 We live in a time of an outrage cul- As reflected in the legislation that is tion initiated by the Secretary and is ture, where in order to make the news now before us, in this law we are seek- under an enforceable and capped time- every evening, you have to be involved ing to address those shortcomings and frame. So while the employee is get- in some controversy or say something doing so in deference to what the ting due notice and the opportunity to over the top. That is just the way courts have decided is consistent with defend themselves, it doesn’t drag on things are these days. So when some- the Constitution of the United States. forever. thing positive happens, it doesn’t get a As virtually every Member of this It also provides a new avenue for lot of coverage. It is my sense that Chamber—if not everyone—has done, whistleblowers so they can come for- while we are not doing this for pur- over the years I have met with vet- ward without fear of retaliation poses of getting coverage, many Ameri- erans throughout my home State of through the establishment of an Office cans tonight, as they watch the news Florida, and I have found that many of Accountability and Whistleblower or go on the internet, will have no idea share a common frustration and dis- Protection. This is critical because, as that the Senate took this up. I think appointment and often express resigna- we have seen, in order to uncover many that is unfortunate because in addition tion that meaningful accountability of these abuses at the Department, we to the importance of this piece of legis- has yet to come or occur at the VA. It oftentimes need to rely on information lation, it is a testament that despite is my hope that will begin to change directly from those who have seen it all of the important issues, noise, and with this vote today. These men and happen and are involved. arguments we hear every day on tele- women, our veterans, have sacrificed In summary, this bill will protect our vision, that our Republic still works much for our country, and it is our veterans while also serving as a means and that men and women of good faith duty to take care of them when they to protect the countless well-per- can come together across political ide- come home after taking care of us. forming, dedicated VA employees and ology and partisan lines on an issue Sadly, for many, this solemn obliga- whistleblowers in the Department who that wasn’t easy to work with for a tion and promise has not been kept. are frustrated that just a handful of couple of years. Plain and simple, ineffective govern- bad apples are standing in the way of I hope there is an opportunity to ance is unfair to our veterans and to providing the service they signed up to point to this and say that on some- the American taxpayer. The VA must provide. This bill will also ensure that thing that was important—this is not a be properly managed so that it can pro- VA employees’ due process rights are symbolic resolution; this is a change in vide timely, quality care to veterans respected and not infringed upon. This the laws of our country that will bring and be held accountable to all Ameri- is not an anti-VA employee law; it is accountability to one of the most im- cans. designed to reward those who work portant functions that our government Let me follow up what I just said by hard and perform and to identify and provides to the men and women who making it abundantly clear that the remove those who do not. serve in uniform, and that is the Vet- overwhelming majority of the people I am proud to say this bill would not erans’ Administration. That is why I who work at the VA are good, hard- have been possible without the support preference my comments on all this working employees who serve our vet- of our current VA Secretary. We and the fact that this is not getting a erans well. Many of them are veterans worked closely with him and his office lot of attention because this is not con- themselves. This is not a punitive to ensure that the provisions would troversial. If there were a big fight on measure, nor is it meant to degrade the provide the tools they need now and for the floor about this and people were work they are doing under very dif- future Secretaries so they can carry bickering or arguing, it would get more ficult circumstances. But it has be- out their important mission. coverage, but the fact that we were come clear that under the current law, In addition to the Secretary, the bill able to come together across party the VA often is unwilling or unable to has been endorsed by the Office of Spe- lines on this issue and get it done hold individuals appropriately account- cial Counsel, Project On Government should not be a reason not to recognize able for their actions and/or misdeeds— Oversight, and several veteran service its importance. That is not why we are usually not because they don’t want to organizations, including the Paralyzed doing it. We are doing it to make a but because under the law they just Veterans of America, the American Le- change. can’t. Even in instances in which dis- gion, the Veterans of Foreign Wars, I think it is important to preface my ciplinary action against an employee Concerned Veterans for America, the remarks by saying that it has been an was attempted, the complexity and the Reserve Officers Association, the Iraq honor and a pleasure to work with lengthiness of the process prevented and Afghanistan Veterans of America, Chairman ISAKSON and with the rank- meaningful consequences. American Veterans, and the Military ing member, Senator TESTER, and all The unfortunate reality is that those Officers Association of America. These the members of the Senate Veterans’ few but significant number of negligent organizations serve our veterans admi- Affairs Committee on what is now employees often went unpunished. To rably, have valuable knowledge of vet- truly bipartisan legislation that is be- shield such employees from the con- erans’ needs, and they agree that this fore the Senate. I remain grateful to sequences brings down the entire De- legislation provides overdue reforms to the committee for their efforts to help partment, demoralizes the workforce, the VA’s current broken civil service bring needed accountability reforms to and undermines the core mission of the system. We are all grateful for their the Department. This is an issue, as I VA. That comes not from political help, for their support, and for helping said, that we have been working on for talking points but from many of the and informing us in tweaking this law several years, and I am pleased that we men and women who themselves work so that it actually solves problems. are now on a path to enact real change. at the VA. There are two more points that I This spring marks 3 years since light We cannot and must not allow bu- want to make. was shed on the veterans who died reaucratic redtape to get in the way. I am proud that we were able to come while they were stuck on secret wait- Our VA is staffed by those who belong together as a unified body—Repub- ing lists at the Department of Veterans there and are willing to perform the licans and Democrats—to show the Na- Affairs. After it was revealed that the important tasks of serving our heroes. tion that the Republic can still work Phoenix, AZ, VA facility had wide- It is our hope and my belief that this and that we can work together to solve spread mismanagement and mis- law will change the VA, and it will problems. Hopefully, that spirit will conduct by employees, Congress came change it for the better. Simply put, carry over into other issues that con- together and acted promptly. In the the law gives the VA Secretary the au- front our Nation. wake of that deplorable situation, this thority to reprimand, to suspend, to With today’s vote, I think we move Chamber responded in a bipartisan way demote, or to remove any employee if one step closer to achieving the worthy by passing the Veterans Access, their behavior or their performance goal of bringing accountability and, as Choice, and Accountability Act of 2014. warrants such an action. a result, an improvement in the VA. I While many of those reforms have Importantly, these reforms establish thank my colleagues for joining this begun to make a difference, we knew a period of adequate notice, response, fight to better serve our Nation’s vet- even then that it would not be enough. and final decision on a disciplinary ac- erans.

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.044 S06JNPT1 June 6, 2017 CONGRESSIONAL RECORD — SENATE S3281 I close by thanking the people who work on this. I want to particularly granting to a political entity the sepa- worked day in and day out on this, in- thank the Republican staffers who ration of church and state, along with cluding the staffs for Chairman ISAK- worked countless, tireless hours in unprecedented freedoms of speech. SON and Ranking Member TESTER. order to make this take place: Staff Di- Rhode Island was the first colony to Adam Reece and Jorge Rueda worked rector Tom Bowman, Amanda Mere- declare its independence from Britain, tirelessly on the bill. I thank Hazen dith, Adam Reece, Gretchan Blum, on the Fourth of May, 1776—2 months Marshall and Tom Hawkins with Sen- Kristen Hines, Maureen O’Neill, Leslie before the rest of you did on the ator MCCONNELL’s office. I thank our Campbell, David Shearman, Jillian Fourth of July—and we were the last cloakroom staff—Laura Dove, Chris Workman, Thomas Coleman, John Ash- colony to join the Union, waiting for Tuck, and Tony Hanagan—for their ley, Mitchell Sylvest, and Heather an independent Bill of Rights. Like I work in getting this bill here today. Vachon. said, an independent streak. On my own personal staff, I thank We could not have done what we did Colonial Rhode Islanders chafed at J.R. Sanchez, who has worked on this nor would we have been here today the inequities of British rule, espe- personally for 21⁄2 to 3 years. I don’t without their help. Yet, as has always cially the disruption of our liberty at know what he is going to do with his been true, we would not as a country sea. We are the Ocean State. Living time now because he has spent so much have been here today nor would we and working on the water has always time and passion on this, and he knows have ever existed had it not been for been a Rhode Island way of life. As ten- many of these veterans personally. the brave men and women who bore the sions with the American Colonies grew, This is a good day, and I look forward battle—who fought the battle—who de- however, King George III stationed rev- to eventually getting this bill over to fended our country and made sure we enue cutters, armed Customs patrol the President’s office so that account- had the opportunity to become what is vessels, in the waters of Narragansett ability and improvement in perform- now acknowledged around the world— Bay to prevent smuggling, enforce the ance can finally come to the VA and so the greatest government on the face of payment of taxes, and impose British that the men and women who have this Earth. sovereignty. taken care of us will finally be taken On this day, the anniversary of the In 1764, after a British ship called the care of the way they deserve. invasion of Normandy on D-day, we are HMS St. John stole goods from Newport Mr. President, I yield the floor. guaranteeing our veterans the type of merchants, a group of Rhode Islanders The PRESIDING OFFICER (Mr. service that they fought for and de- seized control of Fort George on Goat SCOTT). The Senator from Georgia. serve. God bless America, and God Island in Newport Harbor and fired Mr. ISAKSON. Mr. President, I thank bless the veterans who proudly serve cannons on the vessel. Senator RUBIO, who has been a stead- America day in and day out in every In 1769, the HMS Liberty, a sloop con- fast leader on this issue for years. uniform around the world. fiscated by the British from none other People have heard the term ‘‘years’’ In the absence of another speaker, I than John Hancock and repurposed as mentioned. It is plural. We have yield back the remaining time. a Customs vessel, was boarded, scut- worked on this thing for a long time. It The PRESIDING OFFICER. All time tled, and burned by a mob of angry started coming together last year, but is yielded back. Rhode Islanders. it fell apart at the last minute. Thanks The bill was ordered to be engrossed In 1772, on a dark night, a band of to the Senator’s work and the work of for a third reading and was read the Rhode Islanders destroyed the HMS the committee and the staffs on both third time. Gaspee, one of the most hated imperial committees and the leadership on the The PRESIDING OFFICER. The bill ships, drawing what the Rhode Island Democratic side—Mr. TESTER’s and having been read the third time, the abolitionist Frances Whipple McDou- mine—we found a way to do what, as I question is, Shall it pass? gall called, in 1884, ‘‘The first blood in said in my opening remarks earlier—3 The bill (S. 1094), as amended, was the Revolution.’’ hours ago—is an act of Divine Provi- passed. The Gaspee and its captain, Lieuten- dence. None of us really ever planned The PRESIDING OFFICER. The Sen- ant William Dudingston, were known that this bill would come to the floor ator from Georgia. for destroying Rhode Islanders’ vessels, on the 73rd anniversary of the invasion f seizing their cargo, and flagging down of Normandy. ships to harass, humiliate, and interro- It was a great day in American his- MORNING BUSINESS gate the Colonials. As historian Steven tory and world history when the evil Mr. ISAKSON. Madam President, I Park describes in his new book, ‘‘The German empire—Adolf Hitler—was de- ask unanimous consent that the Sen- Burning of His Majesty’s Schooner stroyed by the Allied Forces and the ate be in a period of morning business, Gaspee: An Attack on Crown Rule Be- United States of America. It is only ap- with Senators permitted to speak fore the American Revolution,’’ the propriate that on the anniversary of therein for up to 10 minutes each. Gaspee was an unwelcome, even hated, that date 73 years later, we say to The PRESIDING OFFICER (Mrs. presence in Narragansett Bay. Rhode those who have worn the uniform and CAPITO). Without objection, it is so or- Island Deputy Gov. Darius Sessions who wear the uniform, who represent dered. complained to Gov. Joseph Wanton, in us every day and fight for us and ask The Senator from Rhode Island. March 1772, that Lieutenant nothing in return: We will see to it f Dudingston had ‘‘no legal authority to that you get what you were promised justify his conduct, and his commission in terms of healthcare and benefits, GASPEE DAYS . . . [was] more of a fiction than any- and we will be sure you have a mecha- Mr. WHITEHOUSE. Madam Presi- thing else.’’ nism to hold it accountable in order to dent, I come to the Senate floor every When British authorities assured give you the type of service as a vet- year around this time to discuss an im- Governor Wanton that Dudingston was eran that you gave to us when you portant incident in the history of there to protect the Rhode Island col- fought for our country. Rhode Island largely overlooked in the ony from pirates, the Governor replied I will repeat what has been said by history books, certainly overlooked in that he didn’t know whether the others in thanking the staff mem- consequence to its importance. Dudingston was protecting them from bers who have worked so hard. This has We have to understand that we Rhode pirates or was the pirate himself. not been an easy battle. It has ap- Islanders have always had a pretty On June 9, 1772, all this tension came peared easy because nobody has been fierce independent streak. The Colony to a head. On this day, Rhode Island down here, arguing. All of the argu- of Rhode Island and Providence Planta- Captain Benjamin Lindsey was en ments are over. The veterans won. tions was founded by Roger Williams route to Providence from Newport in Doing the right thing won. It all would and others fleeing the harsh ideological his ship the Hannah. He was ordered by not have happened had it not been for conformity of the Massachusetts theoc- the hated Gaspee to halt for inspection. a lot of hard-working staff. racy. Our 1663 charter, describing the Captain Lindsey refused, and he raced I thank JON TESTER and his staff, on colony as a ‘‘lively experiment,’’ is the up Narragansett Bay—despite warning the Democratic side, for all of their first formal document in all of history shots fired at the Hannah. The Gaspee

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.045 S06JNPT1 S3282 CONGRESSIONAL RECORD — SENATE June 6, 2017 gave chase to the Hannah, and Captain within this colony, to inquire into the cir- reunification of Jerusalem. I am hon- Lindsey, who knew the waters of Nar- cumstances of destroying the Gaspee schoo- ored to have supported S. Res. 176, ragansett Bay far better than ner; and the persons who are the commis- which commemorates the 50th anniver- Dudingston did, steered his ship north sioners of this new-fangled court, are vested with most exorbitant and unconstitutional sary of the reunification of Jerusalem. toward Pawtuxet Cove in Warwick, power. They are directed to summon wit- This resolution reaffirms the Holy right over the shallows off of Namquid nesses, apprehend persons not only im- City of Jerusalem’s central role for the Point—known today as Gaspee Point. peached, but even suspected! And . . . to de- Jewish people dating back many mil- The lighter Hannah was able to shoot liver them to Admiral Montagu, who is or- lennia. Since 1967, all people of all reli- over those shallows, but the heavier dered to have a ship in readiness to carry gious faiths are able to visit and wor- Gaspee ran aground and stuck firm in a them to England, where they are to be tried. ship at the holy sites of Jerusalem. I sandbar in a falling tide. The British The Reverend John Allen delivered at will always stand with Israel as it en- ship and her crew were stranded and the Second Baptist Church in Boston a sures that all individuals enjoy oppor- would need to wait many hours before Thanksgiving sermon on the Gaspee Af- tunities to visit and worship at Jerusa- a rising tide could free them. fair that was distributed in pamphlet lem’s holy sites. Wasting no time, Captain Lindsey form throughout the Colonies. His The United States has stood with sailed up to Providence, and with the words helped rouse the spirit of inde- Israel for the past 50 years and will help of the respected merchant and pendence of this fledgling Nation. He continue to do so. The intervening 50 statesman John Brown, rallied a group said: years have included momentous of Rhode Island patriots at Sabin’s Supposing . . . that the Rhode Islanders, changes in Israel and throughout the for the sake of the blood-bought liberties of Tavern, in what is now the East Side of region, including peace treaties with Providence. Together, after suitable re- their forefathers, for the sake of the birth- rights of their children, should show a spirit Egypt and Jordan that stand to this freshment, the group resolved to end of resentment against a tyrannical arbitrary day. These events give me hope for a the Gaspee’s menace in Rhode Island power that attempts to destroy their lives, future in which Israel and all of its waters. liberties and property, would it not be insuf- neighbors together benefit from a com- That night, 80 or so men shoved off ferably cruel (for this which the law of na- prehensive, warm peace. from the wharf under a moonless sky, ture and nations teaches them to do) to be with their faces blackened and their butchered, assassinated and slaughtered in f oarlocks muffled, paddling eight their own streets by their own King? CHILD PROTECTION AND FAMILY longboats down Narragansett Bay to- Well, schoolchildren’s history books SUPPORT ACT ward the stranded Gaspee. The tell a tale of Bostonians who dressed up Mr. DAINES. Madam President, I am longboats silently surrounded the in funny outfits and climbed onto a honored today to announce legislation British boat and pushed bales of tea Gaspee, and the Rhode Islanders shout- that Senator PETERS and I have intro- into the harbor, but not enough school- ed for Lieutenant Dudingston to sur- duced that provides another option for children know of the bravery of the render his ship. As Daniel Harrington children in the foster care system in Rhode Islanders who, more than a year recounted in the Providence Journal, Montana and across the country. earlier, fired the first shots and drew ‘‘Captain Abraham Whipple spoke first I worked with a host of Montana the first blood in the quest for Amer- for the Rhode Islanders, summoning groups to develop the Child Protection ican independence. It is a fine thing, I Dudingston: ‘I am sheriff of Kent Coun- and Family Support Act of 2017, includ- ty, [expletive]. I have a warrant to ap- am sure, to push tea bales off a boat. We blew the boat up, and we did it ing a handful of nonprofit organiza- prehend you, [expletive]; so surrender, tions focused on foster youth, the Mon- [expletive].’ It was a classic Rhode Is- more than a year earlier. Rhode Islanders are justifiably proud tana attorney general, Indian Tribes, land greeting!’’ and individual constituents. I am Surprised and enraged, Dudingston of our role in our rebellion. We have made a tradition of celebrating the pleased to have their support on this refused and ordered his men to fire legislation. upon anyone who attempted to board Gaspee incident with the annual Gaspee Days celebration and parade through Montana is in the midst of a child the Gaspee. Gunshots struck out in the welfare crisis. We have a record 3,400 night, and musket balls hit Lieutenant Warwick. An independent study group at Brown University is adapting the children in foster care, and about a Dudingston in his groin and his arm. third of those children are there be- The Rhode Islanders, outnumbering the tale of the Gaspee into a virtual reality cause of methamphetamine use by British, swarmed onto the deck and educational experience so you can put on the goggles and reenact the experi- their parents. commandeered the ship. Brown ordered Montana state law requires the Office one of his Rhode Islanders, a physician ence of the Gaspee, marrying Rhode Is- of the Child and Family Ombudsman to named John Mawney, to tend to Lieu- land history with cutting-edge tech- investigate circumstances surrounding tenant Dudingston’s wounds. nology to engage middle and high After properly plundering the lieu- school students in this history. child fatalities when the child was in- tenant’s quarters, the patriots removed Someday soon, children across the volved with the Montana Department the British crew to land and returned country may be able to join Captain of Public Health and Human Services Whipple and John Brown and step into to torch the Gaspee. Ultimately, the Child and Family Services Division a virtual longboat, coast down a vir- flames reached the powder magazine, within 12 months of the date of the tual Narragansett Bay, and watch the and the resulting blast echoed across child’s death. sky over a virtual Rhode Island, alight the bay as the dreaded Gaspee blew to Last December, the Montana Depart- with the fire of revolution. smithereens. ment of Justice issued a report and the I thank the Presiding Officer. findings were devastating: It detailed When word got back to the King, he I yield the floor. was furious, and he offered huge royal 14 child deaths that met these param- I suggest the absence of a quorum. eters. rewards for the capture of the rebels The PRESIDING OFFICER. The who had done this deed, but, strangely Of the 14 cases reviewed, 11 involved clerk will call the roll. children 2 years old or younger. In nine enough, no Rhode Islander would step The bill clerk proceeded to call the of those cases, the children were 1 year forward to finger the perpetrators. You roll. have to admire, under that kind of Mr. MCCONNELL. Madam President, old or younger. Eleven cases included pressure, that with 80 people who had I ask unanimous consent that the order allegations of drug use, four of which gone down in those longboats, not one for the quorum call be rescinded. indicated methamphetamine use. Six Rhode Islander would spill the beans. The PRESIDING OFFICER. Without cases indicated issues of domestic vio- Word spread throughout the Colonies objection, it is so ordered. lence, and eight cases involved parents who received child protective services of this incident and of the Crown’s f brand of justice. Samuel Adams wrote in Montana when they themselves were a letter in the Providence Gazette on 50TH ANNIVERSARY OF THE children. I have been told that at least December 26, 1772, that read, in part: REUNIFICATION OF JERUSALEM seven children have met a similar fate A court of inquisition, more horrid than Mr. CARDIN. Madam President, this in the first 5 months of 2017 alone. The that of Spain or Portugal, is established June marks the 50th anniversary of the death of one child is too many.

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.046 S06JNPT1 June 6, 2017 CONGRESSIONAL RECORD — SENATE S3283 Under current Federal policy, a child ing World War II, when our allies in His intellect, work ethic, and ability must be removed from the home of a Europe and in the Pacific called for to deliver complex weapons systems re- parent and, after removal, cannot be help, the brave airmen of these units sulted in his being nominated and con- living with the parent, in order to be answered the call. They served with firmed as the ninth Director of MDA in eligible for a title IV–E foster care distinction during the historic Doo- November 2012, the first naval officer maintenance payment. My bill would little Raid, a daring mission that test- to assume the directorship of this permit title IV–E foster care mainte- ed the limits of the B–25 bombers that multibillion-dollar Agency. He oversaw nance payment support, for up to 12 had been selected to strike a blow to MDA’s worldwide mission to develop months, for a child in foster care who the heart of the Japanese empire. and deliver to the warfighter a capa- is placed with a parent in a licensed While their bombers delivered pay- bility to defend the United States residential family-based treatment fa- loads, their courage delivered hope to a against ballistic missile attacks. He cility. This would allow the parent to world that longed for peace. has done an outstanding job. get the help they need while keeping The 34th and 37th Bomb Squadrons During his time at MDA, the Agency the family intact. went on to fly numerous interdiction and the Department of Defense made Secondly, the bill would reauthorize and support missions during the Ko- significant progress in addressing cur- the Administration for Children and rean war, deployed during Operation rent and emerging ballistic missile Families’ Regional Partnership Grant, Desert Storm, and fought in Kosovo threats of all ranges. The progress RPG, Program. These competitive and Serbia. When terrorists attacked made is even more remarkable consid- grants reduce the risk of foster care our homeland in 2001, both squadrons ering the budget cuts sustained during due to parental substance abuse, an took action in Operations Enduring that time. In response to the growing issue of utmost importance to Mon- Freedom and Iraqi Freedom. In 2011, North Korean ICBM threat, Admiral tana. Since their inception in 2006, two the 34th and 37th joined forces to Syring implemented a program to ex- Montana grantees have utilized and launch the first ever B–1 combat mis- pand the capacity of homeland missile benefited from RPGs: the Center for sion launched from the continental defenses. His leadership brought acqui- Children and Families in Billings, MT, United States, flying from Ellsworth sition rigor to the critical Ground- and the Apsaalooke Nation Housing Air Force base in South Dakota to hit based Midcourse Defense—GMD—Pro- Authority in Crow Agency. enemy targets in Libya during Oper- gram and laid the foundation for the My bill reauthorizes and strengthens ation Odyssey Dawn. During their 100 Agency to implement ground system modernization, a robust ground-based this grant program with modest im- years of service, the airmen of the 34th interceptor—GBI—Stockpile Reli- provements. For example, it encour- and 37th Bomb Squadrons have assisted ability Program, as well as the Rede- ages the use of RPGs to address the allies around the globe and represented signed Kill Vehicle Program. needs of children and families affected the very best of who we are as a nation. Under Admiral Syring’s steady hand, by methamphetamine, heroin, and I have full faith they will continue the Agency successfully fielded a new opioid substance use disorders, help im- their distinguished service in defense data terminal at Fort Drum, NY, pro- plement effective title IV–E prevention of our country, our allies, and our free- viding the warfighter the capability to services, and focus on improved out- doms. improve communication with home- comes for families, including children So many times throughout the his- land defense interceptors. and their parents. The bill further re- tory of our republic, we have called He also oversaw a strategy to im- quires that, in addition to the State upon ordinary men and women to be- prove the overall sensor and discrimi- child welfare agency, every funded come extraordinary heroes. Today we nation capability of the Ballistic Mis- partnership must include the State honor the legacy of the heroes of the sile Defense System. With the Long agency that administers the Federal 34th and 37th Bomb Squadrons, and I Range Discrimination Radar—LRDR— substance abuse prevention and treat- thank you for joining me in wishing Program, MDA will deploy an improved ment block grant and, if the partner- them the best as they celebrate a cen- persistent midcourse BMDS discrimi- ship intends to serve children placed in tury of service. nation capability to enhance the Pa- out-of-home care, the court that han- f cific architecture. The program today dles child abuse and neglect pro- TRIBUTE TO VICE ADMIRAL is within cost and is on schedule to de- ceedings in the region. JAMES D. SYRING liver an initial capability to the Among the long list of eligible grant warfighter in 2020. Those most familiar applicants and partners, Native Amer- Mr. SHELBY. Madam President, with major defense acquisition pro- ican Tribes, Tribal consortiums, and today I wish to mark the retirement of grams know that this is no small ac- Tribal organizations are all eligible VADM James D. Syring from the U.S. complishment. grantees, and I hope they will increas- Navy following more than three dec- Overall, Admiral Syring’s advocacy ingly utilize RPGs, especially given the ades of military service to this great for additional interceptor capacity, im- unique foster care challenges in Indian Nation. proved GBI reliability, a redesigned communities. In his last post, he served as the Di- kill vehicle, and LRDR resulted in a As a U.S. Senator, as a person of rector of the United States Missile De- fielded system that meets the threat faith, as a father, and as an American, fense Agency, MDA. As Director, Admi- today and is well-positioned to be ex- I believe in helping the most vulner- ral Syring made enormous contribu- panded upon for future challenges. able in our society—in this case, inno- tions to the successful development Admiral Syring was also responsible cent children. and fielding of the Ballistic Missile De- for major BMDS asset deployments I urge my colleagues to join me in fense System, BMDS, in order to pro- around the globe. He strengthened re- supporting this legislation. tect our Nation, American troops de- gional defenses by continuing deliv- f ployed abroad, our allies, and our eries of terminal high altitude area de- international partners. fense—THAAD—interceptors and 100TH BIRTHDAY OF THE 34TH AND Beginning as a midshipman at the Standard Missile-3—SM–3—Block IBs 37TH BOMB SQUADRONS U.S. Naval Academy, the Navy recog- for use on Aegis Ballistic Missile De- Mr. THUNE. Madam President, today nized his potential early on and des- fense ships and at Aegis Ashore sites. I would like to recognize the 100th ignated him an engineering duty offi- He took steps to ensure that the United birthday of the Air Force’s 34th and cer, where he served in various assign- States remained committed to the 37th Bomb Squadrons. ments. planned European phased adaptive ap- Two of the oldest active squadrons in Upon selection to flag rank in 2010, proach—EPAA—deployments. the U.S. Air Force, the 34th and 37th Admiral Syring served as the program He oversaw the delivery of the Aegis Bomb Squadrons first served our Na- executive officer for Integrated War- Ashore system in Romania in support tion during ‘‘the war to end all wars.’’ fare Systems, where he managed inte- of EPAA Phase 2, which was accepted Too soon after the conclusion of their grated weapons systems for ships, sub- for operations by the warfighter in service in World War I, however, our marines, carriers, and aircraft within May 2016. In addition, under his leader- country needed them once again. Dur- the Fleet and Joint Force. ship, construction of the Aegis Ashore

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A06JN6.035 S06JNPT1 S3284 CONGRESSIONAL RECORD — SENATE June 6, 2017 site in Poland commenced to improve undersea surveillance programs, elec- Al Owens was born into a medical European NATO defenses against tronic hardware programs, and logis- family. His father, Dr. Albert H. medium- and intermediate-range bal- tics programs. Owens, Sr., was a dentist; his mother, listic missiles. He kept the Agency on Her performance caught the atten- Grace Masters, was a head surgical track to deliver by the end of 2018 the tion of the Assistant Secretary of the nurse at Mount Sinai Hospital. He initial SM–3 Block IIA missiles devel- Navy for Research, Development & Ac- originally matriculated to Harvard oped in cooperation with Japan to sup- quisition, who selected Ms. DiCarlo to University, but his college education port EPAA Phase 3. join the Navy acquisition team. In this was interrupted by his service as a Additionally, Admiral Syring sup- role, she worked on a strategic imple- medical officer in the Navy during the ported successful negotiations between mentation plan and performance meas- Korean war. He subsequently earned the United States and the Republic of ures across the Navy acquisition enter- his bachelor’s and medical degrees Korea, ROK, on the deployment of a prise. from the Johns Hopkins University and THAAD battery to the ROK, shoring up Ms. DiCarlo went on to join the U.S. the school of medicine, respectively. defenses against the growing threat Defense Security Cooperation Agency He joined the faculty in 1956. A year from North Korean ballistic missiles. and lead both military and civilian later, A. McGehee Harvey, who was In order to deal with future missile staff in the management of Asian, Eu- head of the school of medicine’s depart- threats, Admiral Syring pursued an ad- ropean, NATO, and African security co- ment of medicine, established a cancer vanced technology program with the operation strategy, programs, and en- research and treatment division within goal of reducing the cost of engaging gagement. She was later selected for the department. He asked Al to head increasing and complex ballistic mis- the Senior Executive Service and the new division. There was a slight sile threats. named as MDA’s Director for Inter- problem: The Johns Hopkins Hospital Finally, Admiral Syring successfully national Affairs for MDA, where she did not have available space. So Al initiated the development of an experi- diligently promoted U.S. national secu- moved inpatient, clinical, and research mental space sensor layer for the rity goals and objectives. oncology activities to Baltimore City BMDS, a new, low-cost program called Her service has assisted the sale of Hospitals, now Johns Hopkins Bayview Space-based Kill Assessment, SKA. The U.S. missile defense assets which has Medical Center. He opened Johns Hop- program will increase the performance strengthened the cooperation of our kins’ first cancer chemotherapy unit at of the BMDS by collecting data on mis- international partners, thereby ex- Baltimore City Hospitals in 1961, mak- sile intercepts, a critical capability of panding the capabilities and effective- ing it one of the first university-based which the significance cannot be over- ness of U.S. missile defenses. centers of its kind nationwide. In 1973, Additionally, Ms. DiCarlo’s efforts stated. Al was named the first director of the have enhanced the U.S. partnership Our Nation has long hoped and, in- Johns Hopkins Oncology Center, which with the Government of Israel on mis- deed, expected that we will always be had won Federal designation as one of sile defense programs. As the lead U.S. able to recruit and retain capable indi- the Nation’s first comprehensive can- negotiator, she instituted codevelop- viduals with a strong sense of patriot- cer centers. In 1977, he moved the cen- ment programs for the David’s Sling ism, who will spend their careers en- ter from Baltimore City Hospitals back Weapon System to defend Israel suring that our country is safe in to the main campus, where it was against long-range rockets and short- peacetime and capable in time of war. housed in a brand new facility, named range ballistic missile threats and for The contributions that VADM James the Oncology Center. Over the next the Upper Tier Interceptor Program as D. Syring made to the Missile Defense decade, the Johns Hopkins Oncology part of the Arrow Weapon System de- Agency, the U.S. Navy, and the na- Center—now named the Johns Hopkins signed to defend Israel against longer- tional security of the United States of Kimmel Cancer Center—became one of range ballistic missile threats. Ms. America over his career have again the most prestigious cancer centers in DiCarlo led negotiations with Israel on shown our Nation’s hopes are not too the country. coproduction agreements for Iron great to be met. As he retires after Al was named president of the Johns Dome and David’s Sling Weapon Sys- more than three decades of military Hopkins Hospital in 1987, but he relin- tems. quished the presidency after only 18 service, I wish him and his family well, The American people rely upon civil- months so that he could devote all of and I hope he has a deep appreciation ian and uniformed Federal employees his time to developing a new oncology of his legacy to this Nation and of the to protect and advance their interests. center for the hospital, but during his gratitude of his fellow citizens. Our country has been fortunate to have brief tenure as president, he decreed f had Ms. Nancy DiCarlo’s dedication that the hospital would become smoke- and contribution to our Nation’s de- TRIBUTE TO NANCY E. DiCARLO free. We take smoke-free buildings for fense for nearly four decades. Mr. SHELBY. Madam President, I hope my colleagues in the Senate granted now; 30 years ago, it was a rev- today I wish to pay tribute to the work will join me in recognizing Ms. Nancy olutionary move. and 37-year career of Ms. Nancy E. Thanks to Al’s tireless devotion, the DiCarlo for her work and thanking all DiCarlo on the occasion of her retire- Harry and Jeanette Weinberg Building of the men and women of the Missile ment from the Department of Defense. was completed in January 2000, fol- Defense Agency for their service to our Since January 2007, Ms. DiCarlo has lowed shortly thereafter by the open- Nation. served as the Director for International ing of the Bunting Family and Jacob Affairs for the U.S. Missile Defense f and Hilda Blaustein Family Cancer Re- Agency. In this capacity, Ms. DiCarlo ADDITIONAL STATEMENTS search Building. In 2006, the David H. has played an important role in the Koch Cancer Research Building opened. successful initial fielding of our inte- These two research buildings are con- grated, layered, ballistic missile de- REMEMBERING DR. ALBERT H. nected by the Albert H. Owens Audito- fense system, which currently protects OWENS, JR. rium, which was named in his honor. our Nation, American troops deployed ∑ Mr. CARDIN. Madam President, this Al was a beloved teacher and mentor, abroad, and our friends and allies from Thursday, the Sydney Kimmel Com- as well as a superb doctor, researcher, attack by ballistic missiles. prehensive Cancer Center at Johns and administrator. His enthusiasm Ms. DiCarlo’s career has been marked Hopkins is hosting an event that in- about cancer research was limitless. He by increasing responsibility across a cludes a memorial cancer research frequently would visit young faculty number of departments and programs symposium and a dinner in honor of members—unannounced—asking them important to the national security of the late Dr. Albert H. Owens, Jr., who to describe the most exciting research the United States. Beginning her ca- died this past January at the age of 90. project they were working on that day. reer in the Department of the U.S. It is fitting to pay tribute to Al Owens, Al is survived by his wife, Sally W. Navy, Ms. DiCarlo contributed to the who served as president of the Johns MacConnell; children Albert Henry cost, schedule, and performance of the Hopkins Hospital and was one of our Owens III, Elizabeth Ann Owens, David Navy’s F/A–18 international programs, Nation’s pioneering oncologists. Tilden Owens, and Sarah Louise Owens;

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.032 S06JNPT1 June 6, 2017 CONGRESSIONAL RECORD — SENATE S3285 and five grandchildren. The Baltimore And like great leaders, he distributed the earned his pilot wings in 1974 at Reese Sun ran an obituary at the time of his credit.’’ Air Force Base, TX. death; I ask that it be printed in the A Hopkins statement described Dr. Owens He served as an F–4 pilot and AT–38 as ‘‘a slightly bashful, bow tie-wearing re- RECORD following my remarks. fighter lead-in instructor pilot at Osan searcher and clinician.’’ In 1973, he became There is an epitaph to Sir Chris- the first director of the Johns Hopkins On- Air Base, Korea, and Holloman Air topher Wren, who is buried in St. cology Center. In 1977, he moved his work Force Base, NM, respectively. Paul’s Cathedral in London, which he back to Hopkins’ East Baltimore campus and General Edwards joined the Colorado designed. The epitaph reads, ‘‘Si a new oncology center. Much expanded, the Air National Guard in August 1980. He monumentum requiris, circumspice.’’ facility is now named the Sidney Kimmel has served in numerous assignments in The English translation of the Latin is Comprehensive Cancer Center. flying and operations, as well as com- ‘‘if you seek his monument, look ‘‘Al was an exceptional leader who believed mand positions at squadron, group, and around.’’ This is a fitting epitaph for that the best way to foster science that wing levels—culminating as the Adju- would improve patient outcomes was to put Dr. Albert H. Owens, Jr., too, but it is basic scientists and clinicians into the same tant General for Colorado. During his not just the buildings dedicated to can- building so they would naturally bond as tenure as Adjutant General, more than cer research that you will see. Look team members sharing projects, discoveries, 6,000 Colorado National Guard citizen- around, and you will see people, prob- frustrations and coffee on a daily basis,’’ soldiers and citizen-airmen have mobi- ably including members of your family Hopkins professor Dr. Stuart A. Grossman lized in support of overseas contin- and your friends, who are alive today said in a statement. ‘‘He radiated interest gency operations. because of Al’s unrelenting dedication and enthusiasm when it came to cancer re- He also oversaw the Colorado Na- to finding treatments and cures for search and frequently dropped unannounced tional Guard’s record-setting response into the offices of young faculty members, to some of the worst natural disasters cancer. They are his living monuments. asking them to describe the most exciting I encourage my colleagues to join me research project they were working on that impacting Colorado, including the High in paying tribute to this wonderful and day.’’ Park Fire and the Waldo Canyon Fire extraordinary man. Dr. Owens was named Johns Hopkins Hos- during 2012, followed by the Black For- The material follows: pital president in 1987 and held the post for est Fire and historic flooding along the 18 months. He then resumed his work fight- [From the Baltimore Sun, Jan. 26, 2017] Colorado Front Range in 2013. ing cancer, but not before he instituted a Furthermore, General Edwards was ALBERT H. OWENS JR., PIONEERING smoke-free policy throughout the hospital. ONCOLOGIST AND FORMER HOPKINS HOSPITAL instrumental in bringing a new Na- An auditorium at the medical campus is tional Guard cyber protection team to PRESIDENT, DIES named in his honor. Dr. Albert H. Owens Jr., a pioneering ‘‘Dr. Owens was not only a superb Colorado, bolstering the state’s cyber oncologist who helped establish new ways to oncologist and mentor, but a first-rate gen- defenses. He also diversified the Colo- fight cancer and was a former president of tleman,’’ Dr. David Ettinger, Hopkins pro- rado National Guard through the ap- Johns Hopkins Hospital, died of congestive fessor of oncology, said in a statement. pointment of its first female general heart failure Jan. 13 at Hopkins. The Dr. Owens was a past president of the officer. Churchville resident was 90. Maryland division of the American Cancer Over a period of 10 years, General Born on Staten Island, N.Y., he was the son Society, the Association of American Cancer Edwards significantly grew the Colo- of a dentist, Dr. Albert H. Owens Sr., and Institutes and the American Society of Clin- rado National Guard’s enduring rela- Grace Masters, a Mount Sinai Hospital head ical Oncology. surgical nurse. He was a graduate of a high Dr. Owens resided at Medical Hall, a his- tionships with the Republic of Slovenia school in Port Richmond, N.Y. toric Churchville home, where he cultivated and the Hashemite Kingdom of Jordan His studies at Harvard University were in- bee colonies. under the National Guard State Part- terrupted by his Navy service in Korea, and Plans for a memorial service at Johns Hop- nership Program. These military-to- he earned bachelor’s and medical degrees kins Hospital are pending. military exchanges have supported from the Johns Hopkins University. Survivors include his wife of 20 years, combatant command security coopera- He became a Hopkins researcher and Sally W. MacConnell, a Johns Hopkins ad- worked in liver metabolism. Hopkins col- tion objectives, promoted regional sta- ministrator; two sons, Albert Henry Owens bility, and increased partner capacity leagues said that in 1957, Dr. A. McGehee III of Washington, N.J., and David Tilden Harvey, who headed the Hopkins medical de- Owens of Minneapolis; two daughters, Eliza- and interoperability. partment, created a cancer research and beth Ann Owens of Baltimore and Sarah General Edwards has also overseen treatment division. Louise Owens of England; and five grand- the missions of the Civil Air Patrol’s Dr. Harvey asked Dr. Owens to head the children.∑ Colorado wing, consisting of more than new oncology division. f 1,600 volunteers. Under his leadership, ‘‘At first, they gave him a card table, a the Civil Air Patrol took on a bigger secretary and a PH meter,’’ said Dr. Donald TRIBUTE TO MAJOR GENERAL H. role in State response, flying fire S. Coffey, a colleague for many years who is MICHAEL EDWARDS a professor emeritus of urology, oncology watch and conducting flood damage and pathology. ‘‘Up to this time, there was ∑ Mr. GARDNER. Madam President, surveys. Colorado’s Civil Air Patrol no treatment for cancer other than surgery today I wish to recognize and commend was first to fly support of the U.S. and radiation. Al went to work immediately MG H. Michael Edwards, who retired Army’s on-base unmanned aerial sys- and started drawing blood from his pa- on March 31, 2017, after 43 years of ex- tems operations. tients.’’ ceptional leadership and service to our General Edwards has flown over 4,600 The hospital did not have room for the new country, including 36 years in the Colo- mishap-free flight hours in a variety of treatment service, and Dr. Owens saw his pa- tients and conducted research at the old Bal- rado Air National Guard. For almost a aircraft to include the AT–38, A–7, C–21, timore City Hospitals, now Hopkins Bayview decade in the position of the Adjutant F–4, F–16, T–37, and T–38. Of note, he Medical Center. General for Colorado, General Edwards has achieved the distinction of the ‘‘He found a place in the backwater of the was responsible for the command ad- Wing’s Top Gun award on five separate old buildings there and soon assembled a ministration of over 5,300 Army and occasions in his decorated flying ca- first-class team,’’ said Dr. Coffey. ‘‘His great Air National Guard members. He also reer. Major Edwards has received nu- genius was his ability to bring great sci- served as the Executive Director of the merous military decorations, including entists and clinicians together. He would Department of Military & Veterans Af- also say, ‘We have to do everything right for two Legion of Merit awards and three this patient.’ ’’ fairs and was a member of the Gov- Meritorious Service medal awards, He recalled Dr. Owens as a quiet listener ernor’s cabinet. He had responsibility along with many others from the State who would talk about patients as though for the Colorado National Guard’s pri- of Colorado. they were his own children. mary missions of national defense and General Edwards’ operational experi- ‘‘Al Owens was one of the great figures in State emergency response. In addition, ence, charismatic leadership, and cancer. . . . He should receive a great deal of he was responsible for supporting the unyielding patriotism have served him the credit for what cancer care and research missions of the Civil Air Patrol’s Colo- well in a lifetime of military service, have become today,’’ said Dr. William G. Nelson, Hopkins Kimmel Cancer Center di- rado wing. both in the Colorado Air National rector. ‘‘He was a wonderfully thoughtful General Edwards received his com- Guard and abroad. Today we honor his person and was not prone to hyperbole. He mission in 1973, after graduating from distinguished service to our Nation as liked people who worked on cancer seriously. the U.S. Air Force Academy, and one of the most accomplished Adjutant

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.034 S06JNPT1 S3286 CONGRESSIONAL RECORD — SENATE June 6, 2017 Generals in Colorado history. We offer ert Loos, Malcom Macaulay, Robert as they mourn the loss of a man whose our heartfelt appreciation to his family Maciel, Ronald Martinez, Jonathan brilliant talent and business success for their countless sacrifices and self- Mason, Douglas Mayeda, Joseph were only surpassed by his humility less support to our country spanning McKeon, Lee McCain, Donald McKin- and generosity. over four decades. ley, Michael McPheron, Lawrence Mon- Jerry’s incredible life and career On behalf of the Senate and a grate- toya, Tobias Morales, Marjorie epitomize the American dream. The ful nation, I congratulate MG H. Mi- Morningstar, Warren Morrow, John grandson of Italian immigrants, Jerry chael Edwards on a job well done and Niehoff, Everett Noble, Jr., Jeffrey spent time at military school before wish him the very best as he begins a Nuce, Danny Oppie, Robert Ortega, graduating from UCLA and joining the hard-earned retirement in the great William Pierson, William Post, Jr., An- U.S. Air Force as a fighter pilot. Jerry State of Colorado.∑ thony Quintana, Jimmy Rahm, Ru- pursued his goal of working in show dolph Ramirez, Constantino Ramos, f business by taking a job in the mail- Ronald Ray, Abel Razo, James Rose, 18TH NORTHERN HONOR FLIGHT room at a talent agency. Before long, Stephen Ryan, William Sheahan, he was promoted to talent agent and ∑ Mr. GARDNER. Madam President, Jimmie Shipp, William Springsteel, later launched his own agency, rep- today I wish to honor the veterans of John Swens, Rolland Trauernicht, resenting Hollywood stars including the Northern Colorado Honor Flight Vernon Turner, Daniel Valdez, Dwight Marlon Brando, Andy Williams, and and the organization’s 18th trip to Van Beber, William Weaver, Warren Ronald Reagan. He would go on to Washington, DC. More than 120 vet- Wienke, and Richard Wyatt.∑ erans from various wars and genera- partner with Norman Lear and Bud f tions participated in this flight. Yorkin and produce some of the most The Northern Colorado Honor Flight 100TH ANNIVERSARY OF THE iconic television shows in history, in- recognizes and celebrates the bravery, WELD COUNTY COURTHOUSE cluding ‘‘All in the Family,’’ ‘‘Good fortitude, and selflessness of our Na- ∑ Mr. GARDNER. Madam President, Times’’ and ‘‘The Jeffersons,’’ and fi- tion’s veterans. Twice a year, veterans today I wish to recognize the 100th an- nanced celebrated films such as ‘‘Driv- are able to travel to Washington, DC, niversary of the Weld County Court- ing Miss Daisy,’’ which won the Oscar and visit the war memorials that stand house in Greeley, CO. On July 4, 1917, for best picture in 1989. in their honor, free of charge. We are the Weld County Courthouse opened for Jerry also played a major role in pro- eternally indebted to those who have business after a mere 28 months of con- moting some of history’s most iconic served in our Armed Forces and have struction. Denver architect William N. sports matchups. In 1971, Jerry agreed protected the United States. These vet- Bowman designed the classical revival- to promote the heavyweight world erans have preserved our rights to life, style courthouse, and its original championship ‘‘fight of the century’’ liberty, and the pursuit of happiness. courtrooms remain intact. This anni- between Muhammed Ali and Joe Few words are sufficient to show the versary recognizes the rich history in Frazier at New York’s Madison Square gratitude and respect we all have for northern Colorado and is a reminder of Garden. Jerry sold the broadcast rights the courageous men and women who Colorado’s unique past. to the fight, which was shown on have fought for our country. Of the 123 Greeley, CO is named after Horace closed-circuit TV. He guaranteed a $5 veterans who participated in the most Greeley, one of the first journalists to million purse for the matchup, built a recent honor flight, 11 served in WWII, document his experience in the Wild crowd of celebrities including Frank 24 served in the Korean war, and 88 West. Horace came to Colorado during Sinatra and Burt Lancaster, and gen- served in the Vietnam war. the Pikes Peak Gold Rush of 1859 and erated $2 million in profits. He would Please join me in honoring Cecil Car- encouraged his fellow Americans to go on to promote the legendary ‘‘Battle lisle, Richard Crum, Edgar Darrow, ‘‘Go West, young man, and grow up in of the Sexes’’ tennis match between Charles Davis, Eugene Doering, Muriel this country.’’ Horace’s words helped Billie Jean King and Bobby Riggs at Elijah, Armand Hansen, Nathan put Greeley on the map and ultimately the Houston Astrodome that attracted Stiewig, William Thousand, Willard established the city as an important a crowd of nearly 30,000 people, as well Williams, Richard Zisch, Richard part of American history. Soon after as an additional 30 million viewers who Anema, John Baker, Edwin Boggle, Horace explored northern Colorado, the watched the match on TV. Robert Brethauer, George Browning, Colorado Legislature recognized Weld Jerry is perhaps best known for Ralph Crockett, Gary Crouch, Marvin County as one of the first 17 counties Elwood, John Fickes, Harold Hogness, building Univision into the media pow- in the Colorado territory. erhouse it is today. He bought the LaVern Hueske, Harry Kembel, Neville The Weld County Courthouse was one then-struggling network in 1992 and, in Kempkes, Harold Krug, Louis Lambdin, of the first buildings constructed in just 4 years, led Univision to an initial Robert Lebsack, Arthur Meyer, LeRoy Greeley. The first courthouse, built in public offering. Under his leadership, Odell, Loren Postlewait, Frank Ship- 1861, served as a meeting place for Univision cultivated a loyal audience man, Wayne Sodman, Irvin Troudt, court proceedings and business mat- among Hispanic Americans who had Wayne Wallis, Lois Wolfsong, Jose ters. During this period, the court- been previously underrepresented in Abeyta, Tony Abeyta, Timothy Ahern, house was only a one-room log cabin the mainstream media. Colleagues of Daniel Alires, Nelson Bachus, James located near Platteville, CO. The Jerry at Univision have spoken of his Barnett, John Barslund, Stephen courthouse moved locations four times deep respect and compassion for the Bartels, Les Bates, Bernard Bay, David before the final courthouse opened for Hispanic community in the United Beard, David Becker, Gary Becker, business in 1917. States and his visionary foresight into Mark Becker, Stephen Bernardo, How- I would like to congratulate the citi- the important role they play in culture ard Bostrom, William Bradford, Darrell zens of Weld County on this milestone, and politics. Brasier, Robert Brevig, Timothy and I look forward to the future accom- Camps, Thomas Chagolla, Eric plishments of the entire Weld County While Jerry had much personal suc- Christensen, Marvin Clark, Norris community.∑ cess to celebrate, he carried himself Clark, Richard Conley, David Cowan, f with humility, generosity, and integ- Wesley Craig, Lorraine Davison, Gary rity. Despite working in show business, Dorsey, Christopher Erickson, Stanley REMEMBERING JERRY PERENCHIO Jerry preferred a more reclusive life Fisher, Jerome Folse, Patricia Folse, ∑ Mr. MCCAIN. Madam President, it is and encouraged his subordinates to Douglas Frost, Aurthur Gallegos, with deep sadness that I come to the work hard and avoid the press. ‘‘Stay Theodore Gilbert, Leroy Gonzales, floor to pay tribute to my friend and out of the spotlight,’’ Jerry would say. Raymond Gonzales, Albert Guse, Low- great supporter, Jerry Perenchio. ‘‘It fades your suit.’’ He gave to count- ell Hill, Richard Istas, Timothy Along with my wife, Cindy, I offer my less causes and charities, many anony- Jachowski, Joseph Kolicko, Jr., Robert sincerest condolences to Margie and mously, including the Ronald Reagan Krasznai, James Kuehl, Gary LaCrosse, Jerry’s three children, five grand- UCLA Medical Center and Walt Disney Patrick Lennon, Gary Littlefield, Rob- children, and three great-grandchildren Concert Hall.

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A06JN6.038 S06JNPT1 June 6, 2017 CONGRESSIONAL RECORD — SENATE S3287 I was privileged to work closely with EC–1668. A communication from the Acting EC–1677. A communication from the Acting Jerry in 2008 when he served as na- Administrator of the Specialty Crops Pro- Assistant Secretary of Defense (Legislative tional finance cochair of my Presi- gram, Agricultural Marketing Service, De- Affairs), transmitting proposed legislation partment of Agriculture, transmitting, pur- entitled ‘‘National Defense Authorization dential campaign. I will always appre- suant to law, the report of a rule entitled Act for Fiscal Year 2018’’; to the Committee ciate Jerry and Margie’s generosity ‘‘Tomatoes Grown in Florida; Increased As- on Armed Services. and support during that effort and sessment Rate’’ (Docket No. AMS–SC–16– EC–1678. A communication from the Sec- value the strong friendship we forged 0088) received during adjournment of the retary of Defense, transmitting the report of in the years since. Senate in the Office of the President of the three (3) officers authorized to wear the in- Jerry Perenchio will be missed by his Senate on May 31, 2017; to the Committee on signia of the grade of major general in ac- family and friends, but his remarkable Agriculture, Nutrition, and Forestry. cordance with title 10, United States Code, EC–1669. A communication from the Ad- section 777; to the Committee on Armed impact on the entertainment industry ministrator of the Fruit and Vegetable Pro- Services. and his immense patriotism and gen- grams, Agricultural Marketing Service, De- EC–1679. A joint communication from the erosity will be long remembered by his partment of Agriculture, transmitting, pur- Secretary of Defense and the Chairman of country. I am honored to have known suant to law, the report of a rule entitled the Joint Chiefs of Staff, transmitting a re- him and to call him my friend. ‘‘National Organic Program (NOP); Organic quest relative to issuing a travel restriction Thank you.∑ Livestock and Poultry Practices’’ (Docket on senior officials’ travel to Iraq and Kuwait No. AMS–NOP–15–0012) received during ad- for the period of June 1, 2017 through Sep- f journment of the Senate in the Office of the tember 30, 2017; to the Committee on Armed MESSAGES FROM THE PRESIDENT President of the Senate on May 31, 2017; to Services. the Committee on Agriculture, Nutrition, EC–1680. A communication from the Senior Messages from the President of the and Forestry. Official performing the duties of Under Sec- United States were communicated to EC–1670. A communication from the Acting retary of Defense (Acquisition, Technology the Senate by Ms. Ridgway, one of his Administrator of the Specialty Crops Pro- and Logistics), transmitting, pursuant to secretaries. gram, Agricultural Marketing Service, De- law, a report relative to the specific amounts partment of Agriculture, transmitting, pur- of staff years of technical effort to be allo- f suant to law, the report of a rule entitled cated for each defense Federally Funded Re- EXECUTIVE MESSAGES REFERRED ‘‘Sweet Onions Grown in the Walla Walla search and Development Center during fiscal Valley of Southeast Washington and North- year 2018; to the Committee on Armed Serv- As in executive session the Presiding east Oregon; Decreased Assessment Rate’’ ices. Officer laid before the Senate messages (Docket No. AMS–SC–16–0116) received dur- EC–1681. A communication from the Sec- from the President of the United ing adjournment of the Senate in the Office retary of Defense, transmitting a report on States submitting sundry nominations of the President of the Senate on May 31, the approved retirement of Lieutenant Gen- which were referred to the appropriate 2017; to the Committee on Agriculture, Nu- eral Frederick B. Hodges, United States committees. trition, and Forestry. Army, and his advancement to the grade of EC–1671. A communication from the Board lieutenant general on the retired list; to the (The messages received today are Chairman and Chief Executive Officer, Farm Committee on Armed Services. printed at the end of the Senate pro- Credit Administration, transmitting the Ad- EC–1682. A communication from the Dep- ceedings.) ministration’s proposed fiscal year 2018 uty Director of the Office of Senate Security, f Budget and Performance Plan; to the Com- transmitting a report relative to a report on mittee on Agriculture, Nutrition, and For- the status of United States Strategic Com- EXECUTIVE AND OTHER estry. mand’s request for forces to meet security COMMUNICATIONS EC–1672. A communication from the Con- requirements for land-based nuclear forces (OSS–2017–0532); to the Committee on Armed The following communications were gressional Review Coordinator, Animal and Plant Health Inspection Service, Department Services. laid before the Senate, together with of Agriculture, transmitting, pursuant to EC–1683. A communication from the Sec- accompanying papers, reports, and doc- law, the report of a rule entitled ‘‘Asian retary of Defense, transmitting a report on uments, and were referred as indicated: Longhorned Beetle: Update List of Regulated the approved retirement of Vice Admiral Mi- EC–1666. A communication from the Direc- Articles’’ (Docket No. APHIS–2015–0097) re- chael T. Franken, United States Navy, and tor, Office of Management and Budget, Exec- ceived in the Office of the President of the his advancement to the grade of vice admiral utive Office of the President, transmitting, Senate on May 25, 2017; to the Committee on on the retired list; to the Committee on pursuant to law, a report entitled ‘‘OMB Se- Agriculture, Nutrition, and Forestry. Armed Services. EC–1684. A communication from the Sec- questration Preview Report to the President EC–1673. A communication from the Sec- retary of Defense, transmitting a report on and Congress for Fiscal Year 2018’’; to the retary of the Commodity Futures Trading the approved retirement of Lieutenant Gen- Special Committee on Aging; Agriculture, Commission, transmitting, pursuant to law, eral Ronald L. Bailey, United States Marine Nutrition, and Forestry; Appropriations; the report of a rule entitled ‘‘Record- keeping’’ (RIN3038–AE36) received during ad- Corps, and his advancement to the grade of Armed Services; Banking, Housing, and lieutenant general on the retired list; to the Urban Affairs; the Budget; Commerce, journment of the Senate in the Office of the President of the Senate on June 2, 2017; to Committee on Armed Services. Science, and Transportation; Energy and EC–1685. A communication from the Sec- Natural Resources; Environment and Public the Committee on Agriculture, Nutrition, and Forestry. retary of Defense, transmitting a report on Works; Select Committee on Ethics; Fi- EC–1674. A communication from the Direc- the approved retirement of Lieutenant Gen- nance; Foreign Relations; Health, Education, tor of the Regulatory Management Division, eral Larry D. Wyche, United States Army, Labor, and Pensions; Homeland Security and Environmental Protection Agency, transmit- and his advancement to the grade of lieuten- Governmental Affairs; Indian Affairs; Select ting, pursuant to law, the report of a rule en- ant general on the retired list; to the Com- Committee on Intelligence; the Judiciary; titled ‘‘Isopyrazam; Pesticide Tolerances’’ mittee on Armed Services. Rules and Administration; Small Business (FRL No. 9960–76) received in the Office of EC–1686. A communication from the Sec- and Entrepreneurship; and Veterans’ Affairs. the President of the Senate on May 24, 2017; retary of Defense, transmitting a report on EC–1667. A communication from the Direc- to the Committee on Agriculture, Nutrition, the approved retirement of Lieutenant Gen- tor, Office of Management and Budget, Exec- and Forestry. eral Jon M. Davis, United States Marine utive Office of the President, transmitting, EC–1675. A communication from the Direc- Corps, and his advancement to the grade of pursuant to law, a report entitled ‘‘OMB tor of the Regulatory Management Division, lieutenant general on the retired list; to the Final Sequestration Report to the President Environmental Protection Agency, transmit- Committee on Armed Services. and Congress for Fiscal Year 2017’’; to the ting, pursuant to law, the report of a rule en- EC–1687. A joint communication from the Special Committee on Aging; Agriculture, titled ‘‘Flazasulfuron; Pesticide Tolerances’’ Secretary of Defense and the Chairman of Nutrition, and Forestry; Appropriations; (FRL No. 9961–54) received in the Office of the Joint Chiefs of Staff, transmitting a re- Armed Services; Banking, Housing, and the President of the Senate on May 24, 2017; quest relative to issuing a travel restriction Urban Affairs; the Budget; Commerce, to the Committee on Agriculture, Nutrition, on senior officials’ travel to Afghanistan for Science, and Transportation; Energy and and Forestry. the period of June 1, 2017 through September Natural Resources; Environment and Public EC–1676. A communication from the Direc- 30, 2017; to the Committee on Armed Serv- Works; Select Committee on Ethics; Fi- tor of the Regulatory Management Division, ices. nance; Foreign Relations; Homeland Secu- Environmental Protection Agency, transmit- EC–1688. A communication from the Sec- rity and Governmental Affairs; Health, Edu- ting, pursuant to law, the report of a rule en- retary of the Treasury, transmitting, pursu- cation, Labor, and Pensions; Indian Affairs; titled ‘‘Fenazaquin; Pesticide Tolerances’’ ant to law, a six-month periodic report on Select Committee on Intelligence; the Judi- (FRL No. 9961–99) received in the Office of the national emergency that was declared in ciary; Rules and Administration; Small Busi- the President of the Senate on May 24, 2017; Executive Order 13405 of June 16, 2006, with ness and Entrepreneurship; and Veterans’ Af- to the Committee on Agriculture, Nutrition, respect to Belarus; to the Committee on fairs. and Forestry. Banking, Housing, and Urban Affairs.

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G06JN6.035 S06JNPT1 S3288 CONGRESSIONAL RECORD — SENATE June 6, 2017 EC–1689. A communication from the Chief 25, 2017; to the Committee on Environment the President of the Senate on May 24, 2017; Counsel, Federal Emergency Management and Public Works. to the Committee on Environment and Pub- Agency, Department of Homeland Security, EC–1698. A communication from the Direc- lic Works. transmitting, pursuant to law, the report of tor of the Regulatory Management Division, EC–1706. A communication from the Direc- a rule entitled ‘‘Suspension of Community Environmental Protection Agency, transmit- tor of the Regulatory Management Division, Eligibility (New Haven County, CT, et al.)’’ ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- ((44 CFR Part 64) (Docket No. FEMA–2017– titled ‘‘Air Plan Approval; Virginia; Update ting, pursuant to law, the report of a rule en- 0002)) received during adjournment of the to Materials Incorporated by Reference’’ titled ‘‘Approval and Promulgation of Air Senate in the Office of the President of the (FRL No. 9957–86–Region 3) received in the Quality Implementation Plans; Pennsyl- Senate on May 31, 2017; to the Committee on Office of the President of the Senate on May vania; Revisions to Allegheny County Health Banking, Housing, and Urban Affairs. 25, 2017; to the Committee on Environment Department Rules’’ (FRL No. 9962–77–Region EC–1690. A communication from the Bu- and Public Works. 3) received in the Office of the President of reau of Legislative Affairs, Department of EC–1699. A communication from the Direc- the Senate on May 24, 2017; to the Committee State, transmitting, pursuant to law, a six- tor of the Regulatory Management Division, on Environment and Public Works. month periodic report on the national emer- Environmental Protection Agency, transmit- EC–1707. A communication from the Direc- gency with respect to the proliferation of ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, Environmental Protection Agency, transmit- weapons of mass destruction that was origi- titled ‘‘Air Plan Approval; Pennsylvania; Up- ting, pursuant to law, the report of a rule en- nally declared in Executive Order 12938 of date to Materials Incorporated by Ref- titled ‘‘Approval and Promulgation of Air November 14, 1994; to the Committee on erence’’ (FRL No. 9959–23–Region 3) received Quality Implementation Plans; Maryland; Banking, Housing, and Urban Affairs. in the Office of the President of the Senate Control of Nitrogen Oxide Emissions from EC–1691. A communication from the Chief on May 25, 2017; to the Committee on Envi- Coal-Fired Electric Generating Units’’ (FRL Counsel, Federal Emergency Management ronment and Public Works. No. 9962–73–Region 3) received in the Office of Agency, Department of Homeland Security, EC–1700. A communication from the Direc- the President of the Senate on May 24, 2017; transmitting, pursuant to law, the report of tor of the Regulatory Management Division, to the Committee on Environment and Pub- Environmental Protection Agency, transmit- a rule entitled ‘‘Suspension of Community lic Works. Eligibility (Erie County, PA, et al.)’’ ((44 ting, pursuant to law, the report of a rule en- EC–1708. A communication from the Direc- CFR Part 64) (Docket No. FEMA–2017–0002)) titled ‘‘Air Plan Approval; Maryland; Update tor of the Regulatory Management Division, received during adjournment of the Senate to Materials Incorporated by Reference’’ Environmental Protection Agency, transmit- in the Office of the President of the Senate (FRL No. 9959–24–Region 3) received in the ting, pursuant to law, the report of a rule en- on June 2, 2017; to the Committee on Bank- Office of the President of the Senate on May titled ‘‘Air Plan Approval; Michigan; Redes- ing, Housing, and Urban Affairs. 25, 2017; to the Committee on Environment ignation of the Belding Area in Ionia County EC–1692. A communication from the Gen- and Public Works. to Attainment of the 2008 Lead Standard’’ eral Counsel of the Federal Housing Finance EC–1701. A communication from the Direc- (FRL No. 9962–72–Region 5) received in the Agency, transmitting, pursuant to law, the tor of the Regulatory Management Division, Office of the President of the Senate on May report of a rule entitled ‘‘Federal Home Loan Environmental Protection Agency, transmit- 24, 2017; to the Committee on Environment Bank Membership for Non-Federally-Insured ting, pursuant to law, the report of a rule en- and Public Works. Credit Unions’’ (RIN2590–AA85) received in titled ‘‘Air Plan Approval; Indiana; Redesig- EC–1709. A communication from the Direc- the Office of the President of the Senate on nation of the Muncie Area to Attainment of tor of the Regulatory Management Division, May 25, 2017; to the Committee on Banking, the 2008 Lead Standard’’ (FRL No. 9962–70– Environmental Protection Agency, transmit- Housing, and Urban Affairs. Region 5) received in the Office of the Presi- ting, pursuant to law, the report of a rule en- EC–1693. A communication from the Sec- dent of the Senate on May 25, 2017; to the titled ‘‘South Carolina: Air Emissions Re- retary of the Treasury, transmitting, pursu- Committee on Environment and Public porting’’ (FRL No. 9962–30–Region 4) received ant to law, a six-month periodic report on Works. in the Office of the President of the Senate the national emergency with respect to the EC–1702. A communication from the Direc- on May 24, 2017; to the Committee on Envi- situation in or in relation to the Democratic tor of the Regulatory Management Division, ronment and Public Works. Republic of the Congo that was declared in Environmental Protection Agency, transmit- EC–1710. A communication from the Direc- Executive Order 13413 of October 27, 2006; to ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, the Committee on Banking, Housing, and titled ‘‘Air Plan Approval and Air Quality Environmental Protection Agency, transmit- Urban Affairs. Designation; GA; Redesignation of the At- ting, pursuant to law, the report of a rule en- EC–1694. A communication from the Dep- lanta, Georgia 2008 8-Hour Ozone Nonattain- titled ‘‘Air Plan Approval; Ohio; Redesigna- uty Assistant Secretary for Export Adminis- ment Area to Attainment’’ (FRL No. 9962–27– tion of the Cleveland Area to Attainment of tration, Bureau of Industry and Security, Region 4) received in the Office of the Presi- the 2008 Lead Standard’’ (FRL No. 9963–01– Department of Commerce, transmitting, pur- dent of the Senate on May 25, 2017; to the Region 5) received in the Office of the Presi- suant to law, the report of a rule entitled Committee on Environment and Public dent of the Senate on May 24, 2017; to the ‘‘Revision to an Entry on the Entity List’’ Works. Committee on Environment and Public (RIN0694–AH36) received during adjournment EC–1703. A communication from the Direc- Works. of the Senate in the Office of the President tor of the Regulatory Management Division, EC–1711. A communication from the Sec- of the Senate on June 1, 2017; to the Com- Environmental Protection Agency, transmit- retary of Energy, transmitting, pursuant to mittee on Banking, Housing, and Urban Af- ting, pursuant to law, the report of a rule en- law, notice to utilize other than a full and open competition to retain specialized legal fairs. titled ‘‘Determination to Defer Sanctions; EC–1695. A communication from the Direc- Arizona Department of Environmental Qual- services for a proceeding at the Nuclear Reg- tor, Office of Management and Budget, Exec- ity’’ (FRL No. 9963–07–Region 9) received in ulatory Commission; to the Committee on Environment and Public Works. utive Office of the President, transmitting, the Office of the President of the Senate on EC–1712. A communication from the Assist- pursuant to law, a report entitled ‘‘OMB Re- May 24, 2017; to the Committee on Environ- ant General Counsel, General Law, Ethics, port to the Congress on the Joint Committee ment and Public Works. and Regulation, Department of the Treasury, EC–1704. A communication from the Direc- Reductions for Fiscal Year 2018’’; to the transmitting, pursuant to law, a report rel- tor of the Regulatory Management Division, Committees on the Budget; and Homeland ative to a vacancy in the position of Deputy Security and Governmental Affairs. Environmental Protection Agency, transmit- Under Secretary, Department of the Treas- EC–1696. A communication from the Direc- ting, pursuant to law, the report of a rule en- ury, received during adjournment of the Sen- tor of the Regulatory Management Division, titled ‘‘Determination of Attainment and ate in the Office of the President of the Sen- Environmental Protection Agency, transmit- Approval of Base Year Emissions Inventories ate on May 31, 2017; to the Committee on Fi- ting, pursuant to law, the report of a rule en- for the Imperial County, California Fine Par- nance. titled ‘‘Approval and Promulgation of Air ticulate Matter Nonattainment Area; Cor- EC–1713. A communication from the Assist- Quality Implementation Plans; Delaware; rection’’ (FRL No. 9962–82–Region 9) received ant General Counsel, General Law, Ethics, Update to Materials Incorporated by Ref- in the Office of the President of the Senate and Regulation, Department of the Treasury, erence’’ (FRL No. 9961–26–Region 3) received on May 24, 2017; to the Committee on Envi- transmitting, pursuant to law, a report rel- in the Office of the President of the Senate ronment and Public Works. ative to a vacancy in the position of Assist- on May 25, 2017; to the Committee on Envi- EC–1705. A communication from the Direc- ant Secretary of the Treasury, Department ronment and Public Works. tor of the Regulatory Management Division, of the Treasury, received during adjourn- EC–1697. A communication from the Direc- Environmental Protection Agency, transmit- ment of the Senate in the Office of the Presi- tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- dent of the Senate on May 31, 2017; to the Environmental Protection Agency, transmit- titled ‘‘Approval and Promulgation of State Committee on Finance. ting, pursuant to law, the report of a rule en- Plans (Negative Declarations) for Designated EC–1714. A communication from the Dep- titled ‘‘Air Plan Approval; Washington; Gen- Facilities and Pollutants: Connecticut, New uty Assistant Secretary for Employment and eral Regulations for Air Pollution Sources, Hampshire, Rhode Island, and Vermont; Re- Training, Department of Labor, transmit- Energy Facility Site Evaluation Council’’ visions to State Plan for Designated Facili- ting, pursuant to law, the report of a rule en- (FRL No. 9963–12–Region 10) received in the ties and Pollutants: New Hampshire’’ (FRL titled ‘‘Federal State Unemployment Com- Office of the President of the Senate on May No. 9962–41–Region 1) received in the Office of pensation Program; Middle Class Tax Relief

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A06JN6.010 S06JNPT1 June 6, 2017 CONGRESSIONAL RECORD — SENATE S3289 and Job Creation Act of 2012 Provision on Es- the Senate in the Office of the President of of the Senate on May 25, 2017; to the Com- tablishing Appropriate Occupations for Drug the Senate on May 30, 2017; to the Committee mittee on Homeland Security and Govern- Testing of Unemployment Compensation Ap- on Health, Education, Labor, and Pensions. mental Affairs. plicants’’ (RIN1205–AB63) received during ad- EC–1725. A communication from the Board EC–1736. A joint communication from the journment of the Senate in the Office of the Members of the Railroad Retirement Board, Chairman and the General Counsel, National President of the Senate on June 1, 2017; to transmitting, pursuant to law, the Board’s Labor Relations Board, transmitting, pursu- the Committee on Finance. Congressional Justification of Budget Esti- ant to law, the Office of Inspector General EC–1715. A communication from the Acting mates Report for fiscal year 2018; to the Semiannual Report for the period of October Assistant Secretary for Legislation, Depart- Committee on Health, Education, Labor, and 1, 2016 through March 31, 2017; to the Com- ment of Health and Human Services, trans- Pensions. mittee on Homeland Security and Govern- mitting, pursuant to law, a report entitled EC–1726. A communication from the Assist- mental Affairs. ‘‘Computation of Annual Liability Insurance ant General Counsel for Regulatory Affairs, EC–1737. A communication from the Chair- (Including Self-Insurance), No-Fault Insur- Pension Benefit Guaranty Corporation, man of the Consumer Product Safety Com- ance, and Workers’ Compensation Settle- transmitting, pursuant to law, the report of mission, transmitting, pursuant to law, the ment Recovery Threshold’’; to the Com- a rule entitled ‘‘Benefits Payable in Termi- Commission’s Annual Performance Report mittee on Finance. nated Single-Employer Plans; Interest As- for fiscal year 2016; to the Committee on EC–1716. A communication from the Acting sumptions for Paying Benefits’’ (29 CFR Part Homeland Security and Governmental Af- Assistant Secretary for Legislation, Depart- 4022) received in the Office of the President fairs. ment of Health and Human Services, trans- of the Senate on May 24, 2017; to the Com- EC–1738. A communication from the Chair- mitting, pursuant to law, a report entitled mittee on Health, Education, Labor, and man of the United States International ‘‘Medicare-Medicaid Coordination Office Fis- Pensions. Trade Commission, transmitting, pursuant cal Year 2016 Report to Congress’’; to the EC–1727. A communication from the Acting to law, the Commission’s Annual Perform- Committee on Finance. Deputy Secretary, Department of Agri- ance Report for fiscal year 2016 and Annual EC–1717. A communication from the Bu- culture, transmitting, pursuant to law, the Performance Plan for fiscal year 2017–2018; to reau of Legislative Affairs, Department of Semiannual Report of the Inspector General the Committee on Homeland Security and State, transmitting, pursuant to law, a re- for the period from October 1, 2016 through Governmental Affairs. port relative to the extension of waiver au- March 31, 2017; to the Committee on Home- EC–1739. A communication from the Asso- thority for Belarus; to the Committee on Fi- land Security and Governmental Affairs. ciate General Counsel for General Law, De- nance. EC–1728. A communication from the Sec- partment of Homeland Security, transmit- EC–1718. A communication from the Acting retary of the Treasury, transmitting, pursu- ting, pursuant to law, a report relative to a Assistant Secretary for Legislation, Depart- ant to law, the Semi-Annual Report of the vacancy in the position of Administrator, ment of Health and Human Services, trans- Inspector General for the period from Octo- Federal Emergency Management Agency, mitting, pursuant to law, a report entitled ber 1, 2016 through March 31, 2017 and the Department of Homeland Security, received ‘‘Medicare National Coverage Determina- Semi-Annual Report of the Treasury Inspec- in the Office of the President of the Senate tions for Fiscal Year 2016’’; to the Committee tor General for Tax Administration (TIGTA); on May 24, 2017; to the Committee on Home- on Finance. to the Committee on Homeland Security and land Security and Governmental Affairs. EC–1719. A communication from the Chief Governmental Affairs. EC–1740. A communication from the Ad- of the Publications and Regulations Branch, EC–1729. A communication from the Dep- ministrator, Environmental Protection Internal Revenue Service, Department of the uty Secretary of Defense, transmitting, pur- Agency, transmitting, pursuant to law, the Treasury, transmitting, pursuant to law, the suant to law, the Department of Defense Department’s Semiannual Report from the report of a rule entitled ‘‘Credit for Renew- Semiannual Report of the Inspector General Office of the Inspector General for the period able Electricity Production and Refined Coal for the period from October 1, 2016 through from October 1, 2016 through March 31, 2017; Production, and Publication of Inflation Ad- March 31, 2017; to the Committee on Home- to the Committee on Homeland Security and justment Factor and Reference Prices for land Security and Governmental Affairs. Governmental Affairs. Calendar Year 2017’’ (Notice 2017–33) received EC–1730. A communication from the Direc- EC–1741. A communication from the Sec- during adjournment of the Senate in the Of- tor, Office of Government Ethics, transmit- retary of Veterans Affairs, transmitting, fice of the President of the Senate on June 1, ting, pursuant to law, the Office’s Congres- pursuant to law, the Department of Veterans 2017; to the Committee on Finance. sional Budget Justification, Annual Per- Affairs’ Semiannual Report of the Inspector EC–1720. A communication from the Chief formance Plan, and Annual Performance Re- General for the period from October 1, 2016 of the Publications and Regulations Branch, port for fiscal year 2018; to the Committee on through March 31, 2017; to the Committee on Internal Revenue Service, Department of the Homeland Security and Governmental Af- Homeland Security and Governmental Af- Treasury, transmitting, pursuant to law, the fairs. fairs. report of a rule entitled ‘‘Credit for Carbon EC–1731. A communication from the In- EC–1742. A communication from the Chief Dioxide Sequestration; 2017 Section 45Q In- spector General of the Railroad Retirement Executive Officer, Millennium Challenge flation Adjustment Factor’’ (Notice 2017–32) Board, transmitting, pursuant to law, the In- Corporation, transmitting, pursuant to law, received during adjournment of the Senate spector General’s Congressional Budget Jus- the Uniform Resource Locator (URL) for the in the Office of the President of the Senate tification for fiscal year 2018; to the Com- Office of Inspector General’s Semiannual Re- on June 1, 2017; to the Committee on Fi- mittee on Homeland Security and Govern- port for the period of October 1, 2016 through nance. mental Affairs. March 31, 2017, and the Millennium Challenge EC–1721. A communication from the Assist- EC–1732. A communication from the Sec- Corporation’s response; to the Committee on ant Legal Adviser for Treaty Affairs, Depart- retary of Education, transmitting, pursuant Homeland Security and Governmental Af- ment of State, transmitting, pursuant to the to law, the Department of Education’s Semi- fairs. Case-Zablocki Act, 1 U.S.C. 112b, as amended, annual Report of the Inspector General for EC–1743. A communication from the Acting the report of the texts and background state- the period from October 1, 2016 through Administrator of the General Services Ad- ments of international agreements, other March 31, 2017; to the Committee on Home- ministration, transmitting, pursuant to law, than treaties (List 2017–0092—2017–0099); to land Security and Governmental Affairs. the Semiannual Report of the Inspector Gen- the Committee on Foreign Relations. EC–1733. A communication from the Sec- eral for the period from October 1, 2016 EC–1722. A communication from the Dep- retary of Health and Human Services, trans- through March 31, 2011; to the Committee on uty Director of the Office of Senate Security, mitting, pursuant to law, the Department’s Homeland Security and Governmental Af- transmitting, pursuant to law, a report rel- Semiannual Report of the Inspector General fairs. ative to a report regarding the designation of for the period from October 1, 2016 through EC–1744. A communication from the Acting a Foreign Terrorist Organization (OSS–2017– March 31, 2017; to the Committee on Home- Administrator of the U.S. Agency for Inter- 0529); to the Committee on Foreign Rela- land Security and Governmental Affairs. national Development, transmitting, pursu- tions. EC–1734. A communication from the Direc- ant to law, the Semiannual Report of the In- EC–1723. A communication from the Assist- tor of External Affairs, Federal Retirement spector General for the period from October ant Secretary for Legislation, Department of Thrift Investment Board, transmitting, pur- 1, 2016 through March 31, 2017; to the Com- Health and Human Services, transmitting, suant to law, the report of a rule entitled mittee on Homeland Security and Govern- pursuant to law, the Food and Drug Adminis- ‘‘Designation of Beneficiary’’ (5 CFR Part mental Affairs. tration’s (FDA) annual report on Drug 1651) received in the Office of the President EC–1745. A communication from the Chair- Shortages for Calendar Year 2016; to the of the Senate on May 24, 2017; to the Com- man of the Council of the District of Colum- Committee on Health, Education, Labor, and mittee on Homeland Security and Govern- bia, transmitting, pursuant to law, a report Pensions. mental Affairs. on D.C. Act 22–67, ‘‘Electric Company Infra- EC–1724. A communication from the Gen- EC–1735. A communication from the Gen- structure Improvement Financing Amend- eral Counsel, National Endowment for the eral Counsel, Federal Retirement Thrift In- ment Act of 2017’’; to the Committee on Humanities, transmitting, pursuant to law, a vestment Board, transmitting, pursuant to Homeland Security and Governmental Af- report relative to a vacancy in the position law, the report of a rule entitled ‘‘Freedom fairs. of Chairperson, National Endowment for Hu- of Information Act Regulations’’ (5 CFR Part EC–1746. A communication from the Chair- manities, received during adjournment of 1631) received in the Office of the President man, U.S. Election Assistance Commission,

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A06JN6.012 S06JNPT1 S3290 CONGRESSIONAL RECORD — SENATE June 6, 2017 transmitting, pursuant to law, the Commis- ing adjournment of the Senate in the Office dent of the Senate on May 26, 2017; to the sion’s Semiannual Report of the Inspector of the President of the Senate on May 31, Committee on Commerce, Science, and General for the period from October 1, 2016 2017; to the Committee on Commerce, Transportation. through March 31, 2017; to the Committee on Science, and Transportation. EC–1763. A communication from the Man- Homeland Security and Governmental Af- EC–1756. A communication from the Regu- agement and Program Analyst, Federal fairs. latory Ombudsman, Federal Motor Carrier Aviation Administration, Department of EC–1747. A communication from the Chair- Safety Administration, Department of Transportation, transmitting, pursuant to man, U.S. Election Assistance Commission, Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Revoca- transmitting, pursuant to law, the Commis- law, the report of a rule entitled ‘‘Federal tion of Class E Airspace and Establishment sion’s Semiannual Report of the Inspector Civil Penalties Inflation Adjustment of 2015’’ of Class E Airspace; Ruston, LA’’ ((RIN2120– General for the period from October 1, 2016 (RIN2126–AB93) received during adjournment AA66) (Docket No. FAA–2016–9151)) received through March 31, 2017; to the Committee on of the Senate in the Office of the President during adjournment of the Senate in the Of- Homeland Security and Governmental Af- of the Senate on May 26, 2017; to the Com- fice of the President of the Senate on May 26, fairs. mittee on Commerce, Science, and Transpor- 2017; to the Committee on Commerce, EC–1748. A communication from the Chair- tation. Science, and Transportation. man of the Council of the District of Colum- EC–1757. A communication from the Assist- EC–1764. A communication from the Man- bia, transmitting, pursuant to law, a report ant Chief Counsel for Regulatory Affairs, agement and Program Analyst, Federal on D.C. Act 22–54, ‘‘Defending Access to Pipeline and Hazardous Materials Safety Ad- Aviation Administration, Department of Women’s Health Care Services Temporary ministration, Department of Transportation, Transportation, transmitting, pursuant to Amendment Act of 2017’’ ; to the Committee transmitting, pursuant to law, the report of law, the report of a rule entitled ‘‘Amend- on Homeland Security and Governmental Af- a rule entitled ‘‘Pipeline Safety: Safety of ment of Class E Airspace for the Haskell, fairs. Underground Natural Gas Storage Facili- TX’’ ((RIN2120–AA66) (Docket No. FAA–2016– EC–1749. A communication from the Board ties’’ (RIN2137–AF22) received during ad- 9494)) received during adjournment of the Members of the Railroad Retirement Board, journment of the Senate in the Office of the Senate in the Office of the President of the transmitting, pursuant to law, the Semi- President of the Senate on May 26, 2017; to Senate on May 26, 2017; to the Committee on annual Report of the Inspector General for the Committee on Commerce, Science, and Commerce, Science, and Transportation. the period from October 1, 2016 through Transportation. EC–1765. A communication from the Man- March 31, 2017; to the Committee on Home- EC–1758. A communication from the Man- agement and Program Analyst, Federal land Security and Governmental Affairs. agement and Program Analyst, Federal Aviation Administration, Department of EC–1750. A communication from the Vice Aviation Administration, Department of Transportation, transmitting, pursuant to Chairman, Merit Systems Protection Board, Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Amend- transmitting, pursuant to law, a report enti- law, the report of a rule entitled ‘‘Standard ment of Class D and Class E Airspace; tled ‘‘U.S. Merit Systems Protection Board Instrument Approach Procedures, and Take- Hailey, ID’’ ((RIN2120–AA66) (Docket No. Annual Performance Report for FY 2016 and off Minimums and Obstacle Departure Proce- FAA–2016–9355)) received during adjournment Annual Performance Plan for FY 2017 (Final) dures; Miscellaneous Amendments (98); of the Senate in the Office of the President and FY 2018 (Proposed)’’ ; to the Committee Amdt. No. 3743’’ (RIN2120–AA65) received dur- of the Senate on May 26, 2017; to the Com- on Homeland Security and Governmental Af- ing adjournment of the Senate in the Office mittee on Commerce, Science, and Transpor- fairs. of the President of the Senate on May 26, tation. EC–1766. A communication from the Man- EC–1751. A communication from the Acting 2017; to the Committee on Commerce, agement and Program Analyst, Federal Chief Executive Officer, Corporation for Na- Science, and Transportation. tional and Community Service, transmit- EC–1759. A communication from the Man- Aviation Administration, Department of ting, pursuant to law, the Semiannual Re- agement and Program Analyst, Federal Transportation, transmitting, pursuant to port of the Inspector General and the Cor- Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- ness Directives; Dassault Aviation Air- poration for National and Community Serv- Transportation, transmitting, pursuant to planes’’ ((RIN2120–AA64) (Docket No. FAA– ice’s Response and Report on Final Action law, the report of a rule entitled ‘‘Standard 2016–9303)) received during adjournment of for the period from October 1, 2016 through Instrument Approach Procedures, and Take- the Senate in the Office of the President of March 31, 2017; to the Committee on Home- off Minimums and Obstacle Departure Proce- the Senate on May 26, 2017; to the Committee land Security and Governmental Affairs. dures; Miscellaneous Amendments (48); EC–1752. A communication from the Asso- on Commerce, Science, and Transportation. Amdt. No. 3745’’ (RIN2120–AA65) received dur- EC–1767. A communication from the Man- ciate General Counsel for General Law, De- ing adjournment of the Senate in the Office agement and Program Analyst, Federal partment of Homeland Security, transmit- of the President of the Senate on May 26, Aviation Administration, Department of ting, pursuant to law, a report relative to a 2017; to the Committee on Commerce, Transportation, transmitting, pursuant to vacancy in the position of Under Secretary Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- EC–1760. A communication from the Man- for Management, Department of Homeland ness Directives; Dassault Aviation Air- Security, received during adjournment of the agement and Program Analyst, Federal planes’’ ((RIN2120–AA64) (Docket No. FAA– Senate in the Office of the President of the Aviation Administration, Department of 2016–9569)) received during adjournment of Senate on June 1, 2017; to the Committee on Transportation, transmitting, pursuant to the Senate in the Office of the President of Homeland Security and Governmental Af- law, the report of a rule entitled ‘‘Standard the Senate on May 26, 2017; to the Committee fairs. Instrument Approach Procedures, and Take- on Commerce, Science, and Transportation. EC–1753. A communication from the Acting off Minimums and Obstacle Departure Proce- EC–1768. A communication from the Man- Deputy Director, Office of Sustainable Fish- dures; Miscellaneous Amendments (51); agement and Program Analyst, Federal eries, Department of Commerce, transmit- Amdt. No. 3746’’ (RIN2120–AA65) received dur- Aviation Administration, Department of ting, pursuant to law, the report of a rule en- ing adjournment of the Senate in the Office Transportation, transmitting, pursuant to titled ‘‘Coastal Migratory Pelagic Resources of the President of the Senate on May 26, law, the report of a rule entitled ‘‘Airworthi- of the Gulf of Mexico and South Atlantic; 2017; to the Committee on Commerce, ness Directives; The Boeing Company Air- 2016–2017 Commercial Accountability Meas- Science, and Transportation. planes’’ ((RIN2120–AA64) (Docket No. FAA– ure and Closure for King Mackerel in West- EC–1761. A communication from the Man- 2016–9570)) received during adjournment of ern Zone of the Gulf of Mexico’’ (RIN0648– agement and Program Analyst, Federal the Senate in the Office of the President of XF414) received during adjournment of the Aviation Administration, Department of the Senate on May 26, 2017; to the Committee Senate in the Office of the President of the Transportation, transmitting, pursuant to on Commerce, Science, and Transportation. Senate on June 1, 2017; to the Committee on law, the report of a rule entitled ‘‘Standard EC–1769. A communication from the Man- Commerce, Science, and Transportation. Instrument Approach Procedures, and Take- agement and Program Analyst, Federal EC–1754. A communication from the Coun- off Minimums and Obstacle Departure Proce- Aviation Administration, Department of sel for Regulatory and Legislative Affairs, dures; Miscellaneous Amendments (1); Amdt. Transportation, transmitting, pursuant to Patent and Trademark Office, Department of No. 3744’’ (RIN2120–AA65) received during ad- law, the report of a rule entitled ‘‘Airworthi- Commerce, transmitting, pursuant to law, journment of the Senate in the Office of the ness Directives; The Boeing Company Air- the report of a rule entitled ‘‘July 2017 Revi- President of the Senate on May 26, 2017; to planes’’ ((RIN2120–AA64) (Docket No. FAA– sion of Patent Cooperation Treaty Proce- the Committee on Commerce, Science, and 2016–9434)) received during adjournment of dures’’ (RIN0651–AD14) received during ad- Transportation. the Senate in the Office of the President of journment of the Senate in the Office of the EC–1762. A communication from the Man- the Senate on May 26, 2017; to the Committee President of the Senate on May 26, 2017; to agement and Program Analyst, Federal on Commerce, Science, and Transportation. the Committee on the Judiciary. Aviation Administration, Department of EC–1770. A communication from the Man- EC–1755. A communication from the Attor- Transportation, transmitting, pursuant to agement and Program Analyst, Federal ney-Advisor, Office of General Counsel, De- law, the report of a rule entitled ‘‘MU–2B Se- Aviation Administration, Department of partment of Transportation, transmitting, ries Airplane Training Requirements Update; Transportation, transmitting, pursuant to pursuant to law, a report relative to a va- Correction’’ ((RIN2120–AK63) (Docket No. law, the report of a rule entitled ‘‘Airworthi- cancy for the position of General Counsel, FAA–2006–24981)) received during adjourn- ness Directives; The Boeing Company Air- Department of Transportation, received dur- ment of the Senate in the Office of the Presi- planes’’ ((RIN2120–AA64) (Docket No. FAA–

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A06JN6.015 S06JNPT1 June 6, 2017 CONGRESSIONAL RECORD — SENATE S3291 2016–9394)) received during adjournment of ness Directives; Airbus Helicopters Deutsch- ting, pursuant to law, the report of a rule en- the Senate in the Office of the President of land GmbH Helicopters’’ ((RIN2120–AA64) titled ‘‘Amendments to the Reef Fish, Spiny the Senate on May 26, 2017; to the Committee (Docket No. FAA–2016–6436)) received during Lobster, and Corals and Reef Associated on Commerce, Science, and Transportation. adjournment of the Senate in the Office of Plants and Invertebrates Fishery Manage- EC–1771. A communication from the Man- the President of the Senate on May 26, 2017; ment Plans of Puerto Rico and the U.S. Vir- agement and Program Analyst, Federal to the Committee on Commerce, Science, gin Islands’’ (RIN0648–BG29) received during Aviation Administration, Department of and Transportation. adjournment of the Senate in the Office of Transportation, transmitting, pursuant to EC–1779. A communication from the Acting the President of the Senate on June 1, 2017; law, the report of a rule entitled ‘‘Airworthi- Director, Office of Sustainable Fisheries, De- to the Committee on Commerce, Science, ness Directives; The Boeing Company Air- partment of Commerce, transmitting, pursu- and Transportation. planes’’ ((RIN2120–AA64) (Docket No. FAA– ant to law, the report of a rule entitled EC–1786. A communication from the Acting 2016–9433)) received during adjournment of ‘‘Reef Fish Fishery of the Gulf of Mexico; Deputy Assistant Administrator for Regu- the Senate in the Office of the President of 2017 Recreational Accountability Measures latory Programs, Office of Sustainable Fish- the Senate on May 26, 2017; to the Committee and Closure for Gulf of Mexico Greater eries, Department of Commerce, transmit- on Commerce, Science, and Transportation. Amberjack’’ (RIN0648–XF166) received during ting, pursuant to law, the report of a rule en- EC–1772. A communication from the Man- adjournment of the Senate in the Office of titled ‘‘Fisheries Off West Coast States; West agement and Program Analyst, Federal the President of the Senate on June 1, 2017; Coast Salmon Fisheries; 2017 Management Aviation Administration, Department of to the Committee on Commerce, Science, Measures and a Temporary Rule’’ (RIN0648– Transportation, transmitting, pursuant to and Transportation. BG59) received during adjournment of the law, the report of a rule entitled ‘‘Airworthi- EC–1780. A communication from the Acting Senate in the Office of the President of the ness Directives; The Boeing Company Air- Director, Office of Sustainable Fisheries, De- Senate on June 1, 2017; to the Committee on planes’’ ((RIN2120–AA64) (Docket No. FAA– partment of Commerce, transmitting, pursu- Commerce, Science, and Transportation. 2016–9439)) received during adjournment of ant to law, the report of a rule entitled EC–1787. A communication from the Acting the Senate in the Office of the President of ‘‘Fisheries of the Caribbean, Gulf of Mexico, Deputy Assistant Administrator for Regu- the Senate on May 26, 2017; to the Committee and South Atlantic; Reef Fish Fishery of the latory Programs, Office of Sustainable Fish- on Commerce, Science, and Transportation. Gulf of Mexico; 2017 Recreational Fishing eries, Department of Commerce, transmit- EC–1773. A communication from the Man- Seasons for Red Snapper in the Gulf of Mex- ting, pursuant to law, the report of a rule en- agement and Program Analyst, Federal ico’’ (RIN0648–XF369) received during ad- titled ‘‘Fisheries of the Northeastern United Aviation Administration, Department of journment of the Senate in the Office of the States; Northeast Multispecies Fishery; Ad- Transportation, transmitting, pursuant to President of the Senate on June 1, 2017; to justment of Georges Bank and Southern New law, the report of a rule entitled ‘‘Airworthi- the Committee on Commerce, Science, and England/Mid-Atlantic Yellowtail Flounder ness Directives; The Boeing Company Air- Transportation. Annual Catch Limits’’ (RIN0648–XF219) re- planes’’ ((RIN2120–AA64) (Docket No. FAA– EC–1781. A communication from the Acting ceived during adjournment of the Senate in 2016–7426)) received during adjournment of Director, Office of Sustainable Fisheries, De- the Office of the President of the Senate on the Senate in the Office of the President of partment of Commerce, transmitting, pursu- June 1, 2017; to the Committee on Commerce, the Senate on May 26, 2017; to the Committee ant to law, the report of a rule entitled Science, and Transportation. on Commerce, Science, and Transportation. ‘‘Fisheries of the Caribbean, Gulf of Mexico, EC–1788. A communication from the Acting EC–1774. A communication from the Man- and South Atlantic; Coastal Migratory Pe- Deputy Assistant Administrator, Office of agement and Program Analyst, Federal lagic Resources of the Gulf of Mexico and Sustainable Fisheries, Department of Com- Aviation Administration, Department of South Atlantic; Commercial Trip Limit Re- merce, transmitting, pursuant to law, the re- Transportation, transmitting, pursuant to duction for Spanish Mackerel’’ (RIN0648– port of a rule entitled ‘‘Pacific Halibut Fish- law, the report of a rule entitled ‘‘Airworthi- XF179) received during adjournment of the eries; Catch Sharing Plan’’ (RIN0648–BG58) ness Directives; Textron Aviation Inc. Air- Senate in the Office of the President of the received in the Office of the President of the planes’’ ((RIN2120–AA64) (Docket No. FAA– Senate on June 1, 2017; to the Committee on Senate on May 24, 2017; to the Committee on 2017–0450)) received during adjournment of Commerce, Science, and Transportation. Commerce, Science, and Transportation. the Senate in the Office of the President of EC–1782. A communication from the Acting EC–1789. A communication from the Acting the Senate on May 26, 2017; to the Committee Director, Office of Sustainable Fisheries, De- Deputy Assistant Administrator, Office of on Commerce, Science, and Transportation. partment of Commerce, transmitting, pursu- Sustainable Fisheries, Department of Com- EC–1775. A communication from the Man- ant to law, the report of a rule entitled merce, transmitting, pursuant to law, the re- agement and Program Analyst, Federal ‘‘Fisheries of the Caribbean, Gulf of Mexico, port of a rule entitled ‘‘International Fish- Aviation Administration, Department of and South Atlantic; Snapper-Grouper Re- eries; Pacific Tuna Fisheries; Fishing Re- Transportation, transmitting, pursuant to sources of the South Atlantic; Commercial strictions for Tropical Tuna in the Eastern law, the report of a rule entitled ‘‘Airworthi- Trip Limit Reduction’’ (RIN0648–XF290) re- Pacific Ocean’’ (RIN0648–BG67) received in ness Directives; ATR–GIE Avions de Trans- ceived during adjournment of the Senate in the Office of the President of the Senate on port Regional Airplanes’’ ((RIN2120–AA64) the Office of the President of the Senate on May 24, 2017; to the Committee on Com- (Docket No. FAA–2016–9430)) received during May 26, 2017; to the Committee on Com- merce, Science, and Transportation. adjournment of the Senate in the Office of merce, Science, and Transportation. EC–1790. A communication from the Acting the President of the Senate on May 26, 2017; EC–1783. A communication from the Acting Deputy Assistant Administrator, Office of to the Committee on Commerce, Science, Deputy Assistant Administrator for Regu- Sustainable Fisheries, Department of Com- and Transportation. latory Programs, Office of Sustainable Fish- merce, transmitting, pursuant to law, the re- EC–1776. A communication from the Man- eries, Department of Commerce, transmit- port of a rule entitled ‘‘Magnuson-Stevens agement and Program Analyst, Federal ting, pursuant to law, the report of a rule en- Act Provisions; Fisheries Off West Coast Aviation Administration, Department of titled ‘‘Fisheries of the Exclusive Economic States; Pacific Coast Groundfish Fishery; Transportation, transmitting, pursuant to Zone Off Alaska; Gulf of Alaska; Final 2017 Annual Specifications and Management law, the report of a rule entitled ‘‘Airworthi- and 2018 Harvest Specifications for Ground- Measures for the 2017 Tribal and Non-Tribal ness Directives; General Electric Company fish’’ (RIN0648–XE904) received during ad- Fisheries for Pacific Whiting’’ (RIN0648– Turbofan Engines’’ ((RIN2120–AA64) (Docket journment of the Senate in the Office of the BG47) received in the Office of the President No. FAA–2015–0165)) received during adjourn- President of the Senate on June 1, 2017; to of the Senate on May 24, 2017; to the Com- ment of the Senate in the Office of the Presi- the Committee on Commerce, Science, and mittee on Commerce, Science, and Transpor- dent of the Senate on May 26, 2017; to the Transportation. tation. Committee on Commerce, Science, and EC–1784. A communication from the Acting EC–1791. A communication from the Acting Transportation. Deputy Assistant Administrator for Regu- Deputy Assistant Administrator, Office of EC–1777. A communication from the Man- latory Programs, Office of Sustainable Fish- Sustainable Fisheries, Department of Com- agement and Program Analyst, Federal eries, Department of Commerce, transmit- merce, transmitting, pursuant to law, the re- Aviation Administration, Department of ting, pursuant to law, the report of a rule en- port of a rule entitled ‘‘Magnuson-Stevens Transportation, transmitting, pursuant to titled ‘‘Fisheries of the Caribbean, Gulf of Fishery Conservation and Management Act law, the report of a rule entitled ‘‘Airworthi- Mexico, and South Atlantic; Coastal Migra- Provisions; Fisheries of the Northeastern ness Directives; Airbus Helicopters’’ tory Pelagic Resources in the Gulf of Mexico United States; Northeast Groundfish Fish- ((RIN2120–AA64) (Docket No. FAA–2016–6651)) and Atlantic Region; Amendment 26’’ ery; Amendment 18’’ (RIN0648–BF26) received received during adjournment of the Senate (RIN0648–BG03) received during adjournment in the Office of the President of the Senate in the Office of the President of the Senate of the Senate in the Office of the President on May 24, 2017; to the Committee on Com- on May 26, 2017; to the Committee on Com- of the Senate on June 1, 2017; to the Com- merce, Science, and Transportation. merce, Science, and Transportation. mittee on Commerce, Science, and Transpor- EC–1792. A communication from the Acting EC–1778. A communication from the Man- tation. Deputy Assistant Administrator, Office of agement and Program Analyst, Federal EC–1785. A communication from the Acting Sustainable Fisheries, Department of Com- Aviation Administration, Department of Deputy Assistant Administrator for Regu- merce, transmitting, pursuant to law, the re- Transportation, transmitting, pursuant to latory Programs, Office of Sustainable Fish- port of a rule entitled ‘‘Fisheries of the Car- law, the report of a rule entitled ‘‘Airworthi- eries, Department of Commerce, transmit- ibbean, Gulf of Mexico, and South Atlantic;

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A06JN6.017 S06JNPT1 S3292 CONGRESSIONAL RECORD — SENATE June 6, 2017 Reef Fish Fishery of the Gulf of Mexico; ting, pursuant to law, the report of a rule en- Zone Off Alaska; Deep-Water Species Fishery Yellowtail Snapper Management Measures’’ titled ‘‘Fisheries of the Exclusive Economic by Vessels Using Trawl Gear in the Gulf of (RIN0648–BG06) received in the Office of the Zone Off Alaska; Pacific Cod by Catcher Ves- Alaska’’ (RIN0648–XF368) received during ad- President of the Senate on May 24, 2017; to sels Using Trawl Gear in the Bering Sea and journment of the Senate in the Office of the the Committee on Commerce, Science, and Aleutian Islands Management Area’’ President of the Senate on June 1, 2017; to Transportation. (RIN0648–XF248) received during adjourn- the Committee on Commerce, Science, and EC–1793. A communication from the Acting ment of the Senate in the Office of the Presi- Transportation. Deputy Assistant Administrator, Office of dent of the Senate on June 1, 2017; to the EC–1808. A communication from the Acting Sustainable Fisheries, Department of Com- Committee on Commerce, Science, and Deputy Director, Office of Sustainable Fish- merce, transmitting, pursuant to law, the re- Transportation. eries, Department of Commerce, transmit- port of a rule entitled ‘‘Snapper-Grouper EC–1801. A communication from the Acting ting, pursuant to law, the report of a rule en- Fishery Off the Southern Atlantic States; Deputy Director, Office of Sustainable Fish- titled ‘‘Magnuson-Stevens Act Provisions; Regulatory Amendment 16; Technical eries, Department of Commerce, transmit- Fisheries Off West Coast States; Pacific Amendment’’ (RIN0648–BD78) received in the ting, pursuant to law, the report of a rule en- Coast Groundfish Fishery; 2017–2018 Biennial Office of the President of the Senate on May titled ‘‘Pacific Cod by Catcher/Processors Specifications and Management Measures; 24, 2017; to the Committee on Commerce, Using Hook-and-Line Gear in the Western Inseason Adjustments’’ (RIN0648–BG76) re- Science, and Transportation. Regulatory Area of the Gulf of Alaska’’ ceived during adjournment of the Senate in EC–1794. A communication from the Acting (RIN0648–XF325) received during adjourn- the Office of the President of the Senate on Director, Office of Sustainable Fisheries, De- ment of the Senate in the Office of the Presi- June 1, 2017; to the Committee on Commerce, partment of Commerce, transmitting, pursu- dent of the Senate on June 1, 2017; to the Science, and Transportation. ant to law, the report of a rule entitled Committee on Commerce, Science, and EC–1809. A communication from the Acting ‘‘Fisheries of the Exclusive Economic Zone Transportation. Deputy Director, Office of Sustainable Fish- Off Alaska; Several Groundfish Species in EC–1802. A communication from the Acting eries, Department of Commerce, transmit- the Bering Sea and Aleutian Islands Manage- Deputy Director, Office of Sustainable Fish- ting, pursuant to law, the report of a rule en- ment Area’’ (RIN0648–XF064) received in the eries, Department of Commerce, transmit- titled ‘‘Fisheries of the Exclusive Economic Office of the President of the Senate on May ting, pursuant to law, the report of a rule en- Zone Off Alaska; Pacific Cod by Trawl Catch- 24, 2017; to the Committee on Commerce, titled ‘‘Atlantic Highly Migratory Species; er Vessels in the Western Regulatory Area of Science, and Transportation. Atlantic Bluefin Tuna Fisheries’’ (RIN0648– the Gulf of Alaska’’ (RIN0648–XF273) received EC–1795. A communication from the Acting XF346) received during adjournment of the during adjournment of the Senate in the Of- Deputy Assistant Administrator, Office of Senate in the Office of the President of the fice of the President of the Senate on May 26, Sustainable Fisheries, Department of Com- Senate on June 1, 2017; to the Committee on 2017; to the Committee on Commerce, merce, transmitting, pursuant to law, the re- Commerce, Science, and Transportation. Science, and Transportation. port of a rule entitled ‘‘Atlantic Highly Mi- EC–1803. A communication from the Acting EC–1810. A communication from the Acting gratory Species; Atlantic Shark Manage- Deputy Director, Office of Sustainable Fish- Deputy Director, Office of Sustainable Fish- ment Measures; Final Amendment 5b’’ eries, Department of Commerce, transmit- eries, Department of Commerce, transmit- (RIN0648–BD22) received during adjournment ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- of the Senate in the Office of the President titled ‘‘Fisheries of the Caribbean, Gulf of titled ‘‘Atlantic Highly Migratory Species; of the Senate on May 31, 2017; to the Com- Mexico, and South Atlantic; 2017 Commer- Commercial Aggregated Large Coastal mittee on Commerce, Science, and Transpor- cial Accountability Measure and Closure for Shark and Hammerhead Shark Management tation. South Atlantic Golden Tilefish Longline Groups Retention Limit Adjustment’’ EC–1796. A communication from the Acting Component’’ (RIN0648–XF382) received during (RIN0648–XF347) received during adjourn- Deputy Director, Office of Sustainable Fish- adjournment of the Senate in the Office of ment of the Senate in the Office of the Presi- eries, Department of Commerce, transmit- the President of the Senate on June 1, 2017; dent of the Senate on May 26, 2017; to the ting, pursuant to law, the report of a rule en- to the Committee on Commerce, Science, Committee on Commerce, Science, and titled ‘‘Fisheries of the Exclusive Economic and Transportation. Transportation. Zone Off Alaska; Deep-Water Species Fishery EC–1804. A communication from the Acting EC–1811. A communication from the Acting Using Trawl Gear in the Gulf of Alaska’’ Deputy Director, Office of Sustainable Fish- Deputy Director, Office of Sustainable Fish- (RIN0648–XF418) received during adjourn- eries, Department of Commerce, transmit- eries, Department of Commerce, transmit- ment of the Senate in the Office of the Presi- ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- dent of the Senate on June 1, 2017; to the titled ‘‘Fisheries of the Northeastern United titled ‘‘Fisheries of the Northeastern United Committee on Commerce, Science, and States; Northeast Multispecies Fishery; Pos- States; Atlantic Sea Scallop Fishery; 2017 Transportation. session and Trip Limit Implementation for Closure of the Northern Gulf of Main Scallop EC–1797. A communication from the Acting the Common Pool Fishery’’ (RIN0648–XF377) Management Area’’ (RIN0648–XF312) received Deputy Director, Office of Sustainable Fish- received during adjournment of the Senate during adjournment of the Senate in the Of- eries, Department of Commerce, transmit- in the Office of the President of the Senate fice of the President of the Senate on May 26, ting, pursuant to law, the report of a rule en- on June 1, 2017; to the Committee on Com- 2017; to the Committee on Commerce, titled ‘‘Fisheries of the Northeastern United merce, Science, and Transportation. Science, and Transportation. States; Atlantic Bluefish Fishery; 2017 Sec- EC–1805. A communication from the Acting EC–1812. A communication from the Acting tor Quota Transfer Adjustment’’ (RIN0648– Deputy Director, Office of Sustainable Fish- Deputy Director, Office of Sustainable Fish- XF247) received during adjournment of the eries, Department of Commerce, transmit- eries, Department of Commerce, transmit- Senate in the Office of the President of the ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- Senate on June 1, 2017; to the Committee on titled ‘‘Fisheries of the Caribbean, Gulf of titled ‘‘Fisheries of the Exclusive Economic Commerce, Science, and Transportation. Mexico, and South Atlantic; 2017 Commer- Zone Off Alaska; Pacific Cod by Catcher/ EC–1798. A communication from the Acting cial Accountability Measure and Closure for Processors Using Trawl Gear in the Western Deputy Director, Office of Sustainable Fish- South Atlantic Vermillion Snapper’’ Regulatory Area of the Gulf of Alaska’’ eries, Department of Commerce, transmit- (RIN0648–XF424) received during adjourn- (RIN0648–XF268) received in the Office of the ting, pursuant to law, the report of a rule en- ment of the Senate in the Office of the Presi- President of the Senate on May 24, 2017; to titled ‘‘Fisheries of the Exclusive Economic dent of the Senate on June 1, 2017; to the the Committee on Commerce, Science, and Zone Off Alaska; Pollock in Statistical Area Committee on Commerce, Science, and Transportation. 610 in the Gulf of Alaska’’ (RIN0648–XF418) Transportation. EC–1813. A communication from the Acting received during adjournment of the Senate EC–1806. A communication from the Acting Deputy Director, Office of Sustainable Fish- in the Office of the President of the Senate Deputy Director, Office of Sustainable Fish- eries, Department of Commerce, transmit- on June 1, 2017; to the Committee on Com- eries, Department of Commerce, transmit- ting, pursuant to law, the report of a rule en- merce, Science, and Transportation. ting, pursuant to law, the report of a rule en- titled ‘‘Fisheries of the Exclusive Economic EC–1799. A communication from the Acting titled ‘‘Atlantic Highly Migratory Species; Zone Off Alaska; Pacific Cod by Catcher Ves- Deputy Director, Office of Sustainable Fish- Commercial Blacktip Sharks, Aggregated sels Using Trawl Gear in the Bering Sea and eries, Department of Commerce, transmit- Large Coastal Sharks, and Hammerhead Aleutian Islands Management Area’’ ting, pursuant to law, the report of a rule en- Sharks in the Western Gulf of Mexico Sub- (RIN0648–XF334) received in the Office of the titled ‘‘Fisheries of the Exclusive Economic Region; Closure’’ (RIN0648–XF211) received President of the Senate on May 24, 2017; to Zone Off Alaska; Pollock in Statistical Area during adjournment of the Senate in the Of- the Committee on Commerce, Science, and 610 in the Gulf of Alaska’’ (RIN0648–XF310) fice of the President of the Senate on June 1, Transportation. received during adjournment of the Senate 2017; to the Committee on Commerce, EC–1814. A communication from the Acting in the Office of the President of the Senate Science, and Transportation. Deputy Director, Office of Sustainable Fish- on June 1, 2017; to the Committee on Com- EC–1807. A communication from the Acting eries, Department of Commerce, transmit- merce, Science, and Transportation. Deputy Director, Office of Sustainable Fish- ting, pursuant to law, the report of a rule en- EC–1800. A communication from the Acting eries, Department of Commerce, transmit- titled ‘‘Fisheries of the Exclusive Economic Deputy Director, Office of Sustainable Fish- ting, pursuant to law, the report of a rule en- Zone Off Alaska; Pacific Cod by Vessels eries, Department of Commerce, transmit- titled ‘‘Fisheries of the Exclusive Economic Using Pot Gear in the Central Regulatory

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A06JN6.019 S06JNPT1 June 6, 2017 CONGRESSIONAL RECORD — SENATE S3293 Area of the Gulf of Alaska’’ (RIN0648–XF244) Gulf of Mexico and South Atlantic’’ EC–1830. A communication from the Acting received in the Office of the President of the (RIN0648–XF218) received during adjourn- Director, Office of Sustainable Fisheries, De- Senate on May 24, 2017; to the Committee on ment of the Senate in the Office of the Presi- partment of Commerce, transmitting, pursu- Commerce, Science, and Transportation. dent of the Senate on May 31, 2017; to the ant to law, the report of a rule entitled EC–1815. A communication from the Acting Committee on Commerce, Science, and ‘‘Magnuson-Stevens Act Provisions; Fish- Deputy Director, Office of Sustainable Fish- Transportation. eries Off West Coast States; Pacific Coast eries, Department of Commerce, transmit- EC–1823. A communication from the Acting Groundfish Fishery; 2016 Tribal Fishery Allo- ting, pursuant to law, the report of a rule en- Deputy Director, Office of Sustainable Fish- cations for Pacific Whiting; Reapportion- titled ‘‘Fisheries of the Exclusive Economic eries, Department of Commerce, transmit- ment Between Tribal and Non-Tribal Sec- Zone Off Alaska; Reallocation of Pollock in ting, pursuant to law, the report of a rule en- tors’’ (RIN0648–XF230) received during ad- the Bering Sea and Aleutian Islands’’ titled ‘‘Fisheries of the Exclusive Economic journment of the Senate in the Office of the (RIN0648–XF229) received in the Office of the Zone Off Alaska; Pollock in Statistical Area President of the Senate on May 31, 2017; to President of the Senate on May 24, 2017; to 620 in the Gulf of Alaska’’ (RIN0648–XF253) the Committee on Commerce, Science, and the Committee on Commerce, Science, and received during adjournment of the Senate Transportation. Transportation. in the Office of the President of the Senate EC–1831. A communication from the Pro- EC–1816. A communication from the Acting on May 31, 2017; to the Committee on Com- gram Analyst, Office of Managing Director, Deputy Director, Office of Sustainable Fish- merce, Science, and Transportation. Federal Communications Commission, trans- eries, Department of Commerce, transmit- EC–1824. A communication from the Acting mitting, pursuant to law, the report of a rule ting, pursuant to law, the report of a rule en- Deputy Director, Office of Sustainable Fish- entitled ‘‘Amendment of Part 1 of the Com- titled ‘‘Fisheries of the Exclusive Economic eries, Department of Commerce, transmit- mission’s Rules’’ ((MD Docket No. 17–123) Zone Off Alaska; Sablefish Managed Under ting, pursuant to law, the report of a rule en- (FCC 17–53)) received in the Office of the the Individual Fishing Quota Program’’ titled ‘‘Fisheries of the Exclusive Economic President of the Senate on May 23, 2017; to (RIN0648–XF270) received in the Office of the Zone Off Alaska; Reallocation of Pollock in the Committee on Commerce, Science, and President of the Senate on May 24, 2017; to the Bering Sea and Aleutian Islands’’ Transportation. the Committee on Commerce, Science, and (RIN0648–XF262) received during adjourn- EC–1832. A communication from the Chief Transportation. ment of the Senate in the Office of the Presi- of Staff, Wireline Competition Bureau, Fed- EC–1817. A communication from the Acting dent of the Senate on May 31, 2017; to the eral Communications Commission, transmit- Deputy Director, Office of Sustainable Fish- Committee on Commerce, Science, and ting, pursuant to law, the report of a rule en- eries, Department of Commerce, transmit- Transportation. titled ‘‘Business Data Services in an Internet ting, pursuant to law, the report of a rule en- EC–1825. A communication from the Acting Protocol Environment; Technology Transi- titled ‘‘Fisheries of the Exclusive Economic Director, Office of Sustainable Fisheries, De- tions; Special Access for Price Cap Local Ex- Zone Off Alaska; Pollock in Statistical Area partment of Commerce, transmitting, pursu- change Carriers; AT and T Corporation Peti- 610 in the Gulf of Alaska’’ (RIN0648–XF224) ant to law, the report of a rule entitled tion for Rulemaking to Reform Regulation received in the Office of the President of the ‘‘Fisheries of the Northeastern United of Incumbent Local Exchange Carrier Rates Senate on May 24, 2017; to the Committee on States; Northeast Skate Complex; Adjust- for Interstate Special Access Services’’ ((WC Commerce, Science, and Transportation. ment to the Skate Wing and skate Bait Docket No. 16–143; GN Docket. No. 13–5; WC EC–1818. A communication from the Acting Inseason Possession Limits’’ (RIN0648–XF146) Docket No. 05–25; and RM–10593) (FCC 17–43)) Deputy Director, Office of Sustainable Fish- received during adjournment of the Senate received in the Office of the President of the eries, Department of Commerce, transmit- in the Office of the President of the Senate Senate on May 23, 2017; to the Committee on ting, pursuant to law, the report of a rule en- on June 1, 2017; to the Committee on Com- Commerce, Science, and Transportation. titled ‘‘Fisheries of the Caribbean, Gulf of merce, Science, and Transportation. EC–1833. A communication from the Attor- Mexico, and South Atlantic; Coastal Migra- EC–1826. A communication from the Acting ney-Advisor, U.S. Coast Guard, Department tory Pelagic Resources of the Gulf of Mexico Director, Office of Sustainable Fisheries, De- of Homeland Security, transmitting, pursu- and Atlantic Region; 2017 Commercial Run- partment of Commerce, transmitting, pursu- ant to law, the report of a rule entitled Around Gillnet Closure’’ (RIN0648–XF151) re- ant to law, the report of a rule entitled ‘‘Regulated Navigation Area; East River, ceived in the Office of the President of the ‘‘Fisheries of the Exclusive Economic Zone Brooklyn, NY’’ ((RIN1625–AA00) (Docket No. Senate on May 24, 2017; to the Committee on Off Alaska; Inseason Adjustment to the 2017 USCG–2017–0434)) received during adjourn- Commerce, Science, and Transportation. Bering Sea and Aleutian Islands Pollock, ment of the Senate in the Office of the Presi- EC–1819. A communication from the Acting Atka Mackerel, and Pacific Cod Total Allow- dent of the Senate on May 30, 2017; to the Deputy Director, Office of Sustainable Fish- able Catch Amounts’’ (RIN0648–XF108) re- Committee on Commerce, Science, and eries, Department of Commerce, transmit- ceived during adjournment of the Senate in Transportation. ting, pursuant to law, the report of a rule en- the Office of the President of the Senate on EC–1834. A communication from the Attor- titled ‘‘Fisheries of the Exclusive Economic May 26, 2017; to the Committee on Com- ney-Advisor, U.S. Coast Guard, Department Zone Off Alaska; Pollock in Statistical Area merce, Science, and Transportation. of Homeland Security, transmitting, pursu- 610 in the Gulf of Alaska’’ (RIN0648–XF206) EC–1827. A communication from the Acting ant to law, the report of a rule entitled ‘‘Spe- received in the Office of the President of the Director, Office of Sustainable Fisheries, De- cial Local Regulations and Safety Zones; An- Senate on May 24, 2017; to the Committee on partment of Commerce, transmitting, pursu- nually recurring Events in Coast Guard Commerce, Science, and Transportation. ant to law, the report of a rule entitled Southeastern New England Captain of the EC–1820. A communication from the Acting ‘‘Fisheries of the Exclusive Economic Zone Port Zone’’ ((RIN1625–AA08; RIN1625–AA00) Deputy Director, Office of Sustainable Fish- Off Alaska; Pacific Cod by Pot Catcher/Proc- (Docket No. USCG–2016–1022)) received dur- eries, Department of Commerce, transmit- essors in the Bering Sea and Aleutian Islands ing adjournment of the Senate in the Office ting, pursuant to law, the report of a rule en- Management Area’’ (RIN0648–XF189) received of the President of the Senate on May 30, titled ‘‘Fisheries of the Exclusive Economic during adjournment of the Senate in the Of- 2017; to the Committee on Commerce, Zone Off Alaska; Pollock in Statistical Area fice of the President of the Senate on May 26, Science, and Transportation. 610 in the Gulf of Alaska’’ (RIN0648–XF287) 2017; to the Committee on Commerce, EC–1835. A communication from the Attor- received in the Office of the President of the Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department Senate on May 24, 2017; to the Committee on EC–1828. A communication from the Acting of Homeland Security, transmitting, pursu- Commerce, Science, and Transportation. Deputy Director, Office of Sustainable Fish- ant to law, the report of a rule entitled EC–1821. A communication from the Acting eries, Department of Commerce, transmit- ‘‘Safety Zone; Buffalo Carnival; Buffalo Deputy Director, Office of Sustainable Fish- ting, pursuant to law, the report of a rule en- Outer Harbor, Buffalo, NY’’ ((RIN1625–AA00) eries, Department of Commerce, transmit- titled ‘‘Atlantic Highly Migratory Species; (Docket No. USCG–2017–0408)) received dur- ting, pursuant to law, the report of a rule en- Atlantic Bluefin Tuna Fisheries; General ing adjournment of the Senate in the Office titled ‘‘Fisheries of the Caribbean, Gulf of Category Fishery’’ (RIN0648–XF284) received of the President of the Senate on May 30, Mexico, and South Atlantic; 2017 Rec- during adjournment of the Senate in the Of- 2017; to the Committee on Commerce, reational Accountability Measures and Clo- fice of the President of the Senate on May 26, Science, and Transportation. sure for Atlantic Migratory Group Cobia’’ 2017; to the Committee on Commerce, EC–1836. A communication from the Attor- (RIN0648–XF106) received in the Office of the Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department President of the Senate on May 24, 2017; to EC–1829. A communication from the Acting of Homeland Security, transmitting, pursu- the Committee on Commerce, Science, and Director, Office of Sustainable Fisheries, De- ant to law, the report of a rule entitled Transportation. partment of Commerce, transmitting, pursu- ‘‘Safety Zone; Upper Mississippi River, St. EC–1822. A communication from the Acting ant to law, the report of a rule entitled Louis, MO’’ ((RIN1625–AA00) (Docket No. Deputy Director, Office of Sustainable Fish- ‘‘Fisheries of the Exclusive Economic Zone USCG–2017–0312)) received during adjourn- eries, Department of Commerce, transmit- Off Alaska; Pollock in Statistical Area 630 in ment of the Senate in the Office of the Presi- ting, pursuant to law, the report of a rule en- the Gulf of Alaska’’ (RIN0648–XF200) received dent of the Senate on May 30, 2017; to the titled ‘‘Fisheries of the Caribbean, Gulf of during adjournment of the Senate in the Of- Committee on Commerce, Science, and Mexico, and South Atlantic; 2017 Commer- fice of the President of the Senate on May 31, Transportation. cial Accountability Measure and Closure for 2017; to the Committee on Commerce, EC–1837. A communication from the Attor- Coastal Migratory Pelagic Resources of the Science, and Transportation. ney-Advisor, U.S. Coast Guard, Department

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A06JN6.021 S06JNPT1 S3294 CONGRESSIONAL RECORD — SENATE June 6, 2017 of Homeland Security, transmitting, pursu- EC–1845. A communication from the Attor- new medical residency training program ant to law, the report of a rule entitled ney-Advisor, U.S. Coast Guard, Department after hosting resident rotators for short du- ‘‘Safety Zone; Lower Niagara River at Niag- of Homeland Security, transmitting, pursu- rations; to the Committee on Finance. ara Falls, New York’’ ((RIN1625–AA00) (Dock- ant to law, the report of a rule entitled ‘‘Spe- By Mr. RUBIO (for himself and Mrs. et No. USCG–2015–0492)) received during ad- cial Local Regulation; Stuart, FL’’ GILLIBRAND): journment of the Senate in the Office of the ((RIN1625–AA08) (Docket No. USCG–2017– S. 1292. A bill to amend the State Depart- President of the Senate on May 30, 2017; to 0167)) received during adjournment of the ment Basic Authorities Act of 1956 to mon- the Committee on Commerce, Science, and Senate in the Office of the President of the itor and combat anti-Semitism globally, and Transportation. Senate on May 30, 2017; to the Committee on for other purposes; to the Committee on For- EC–1838. A communication from the Attor- Commerce, Science, and Transportation. eign Relations. ney-Advisor, U.S. Coast Guard, Department EC–1846. A communication from the Spe- By Mr. COONS (for himself and Mr. of Homeland Security, transmitting, pursu- cial Inspector General for the Troubled Asset ROBERTS): ant to law, the report of a rule entitled Relief Program, transmitting, pursuant to S. 1293. A bill to amend the Internal Rev- ‘‘Safety Zone; United Illuminating Company law, a report relative to the April 2017 Quar- enue Code of 1986 to enhance the research Housatonic River Crossing Project; terly Report to Congress of the Special In- credit for domestic manufacturers; to the Housatonic River; Milford and Stratford, spector General for the Troubled Asset Relief Committee on Finance. CT’’ ((RIN1625–AA00) (Docket No. USCG– Program; to the Committee on Banking, By Mr. MCCAIN (for himself and Mr. 2016–0825)) received during adjournment of Housing, and Urban Affairs. LANKFORD): the Senate in the Office of the President of EC–1847. A communication from the Acting S. 1294. A bill to expand opportunity for the Senate on May 30, 2017; to the Committee Assistant Attorney General, Office of Legis- Native American children through addi- on Commerce, Science, and Transportation. lative Affairs, Department of Justice, trans- tional options in education, and for other EC–1839. A communication from the Attor- mitting proposed legislation relative to purposes; to the Committee on Indian Af- ney-Advisor, U.S. Coast Guard, Department cross-border electronic data for law enforce- fairs. of Homeland Security, transmitting, pursu- ment; to the Committee on the Judiciary. By Mr. CASEY (for himself, Mr. HATCH, ant to law, the report of a rule entitled Mr. CASSIDY, and Ms. HASSAN): f ‘‘Safety Zone; Tennessee River 323.0–325.0, S. 1295. A bill to amend the Higher Edu- Huntsville, AL’’ ((RIN1625–AA00) (Docket No. REPORTS OF COMMITTEES cation Act of 1965 to provide students with USCG–2017–0336)) received during adjourn- disabilities and their families with access to ment of the Senate in the Office of the Presi- The following reports of committees critical information needed to select the dent of the Senate on May 30, 2017; to the were submitted: right college and succeed once enrolled; to Committee on Commerce, Science, and By Mr. THUNE, from the Committee on the Committee on Health, Education, Labor, Transportation. and Pensions. EC–1840. A communication from the Attor- Commerce, Science, and Transportation, By Mrs. MCCASKILL (for herself, Mr. ney-Advisor, U.S. Coast Guard, Department with an amendment in the nature of a sub- of Homeland Security, transmitting, pursu- stitute: HELLER, and Mrs. ERNST): S. 1296. A bill to amend the Uniform Code ant to law, the report of a rule entitled S. 134. A bill to expand the prohibition on of Military Justice to prohibit the wrongful ‘‘Safety Zone; Tall Ships Charleston, Cooper misleading or inaccurate caller identifica- River, Charleston, SC’’ ((RIN1625–AA00) tion information, and for other purposes broadcast or distribution of intimate visual (Docket No. USCG–2017–0121)) received dur- (Rept. No. 115–91). images; to the Committee on Armed Serv- ing adjournment of the Senate in the Office By Mr. CORKER, from the Committee on ices. of the President of the Senate on May 30, Foreign Relations, with amendments: By Mr. COTTON (for himself, Mr. 2017; to the Committee on Commerce, S. 1221. A bill to counter the influence of BURR, Mr. RISCH, Mr. RUBIO, Ms. COL- Science, and Transportation. the Russian Federation in Europe and Eur- LINS, Mr. BLUNT, Mr. LANKFORD, Mr. EC–1841. A communication from the Attor- asia, and for other purposes. CORNYN, Mr. MCCAIN, Mr. TILLIS, Mr. ROBERTS, Mr. GRAHAM, Mr. THUNE, ney-Advisor, U.S. Coast Guard, Department f of Homeland Security, transmitting, pursu- and Mr. PERDUE): ant to law, the report of a rule entitled EXECUTIVE REPORTS OF S. 1297. A bill to make title VII of the For- ‘‘Safety Zone; Upper Mississippi River, St. COMMITTEE eign Intelligence Surveillance Act of 1978 Louis, MO’’ ((RIN1625–AA00) (Docket No. permanent, and for other purposes; to the USCG–2017–0319)) received during adjourn- The following executive reports of Committee on the Judiciary. ment of the Senate in the Office of the Presi- nominations were submitted: By Mr. WYDEN (for himself and Mr. dent of the Senate on May 30, 2017; to the By Ms. MURKOWSKI for the Committee on MERKLEY): Committee on Commerce, Science, and Energy and Natural Resources. S.J. Res. 44. A joint resolution condemning Transportation. * David Bernhardt, of Virginia, to be Dep- the deadly attack on May 26, 2017, in Port- EC–1842. A communication from the Attor- uty Secretary of the Interior. land, Oregon, expressing deepest condolences ney-Advisor, U.S. Coast Guard, Department * Neil Chatterjee, of Kentucky, to be a to the families and friends of the victims, of Homeland Security, transmitting, pursu- Member of the Federal Energy Regulatory and supporting efforts to overcome hatred, ant to law, the report of a rule entitled Commission for the term expiring June 30, bigotry, and violence; to the Committee on ‘‘Safety Zone; Main Branch of the Chicago 2021. the Judiciary. River, Chicago, IL’’ ((RIN1625–AA00) (Docket * Robert F. Powelson, of Pennsylvania, to f No. USCG–2017–0196)) received during ad- be a Member of the Federal Energy Regu- journment of the Senate in the Office of the latory Commission for the term expiring ADDITIONAL COSPONSORS President of the Senate on May 30, 2017; to June 30, 2020. S. 109 the Committee on Commerce, Science, and * Dan R. Brouillette, of Texas, to be Dep- At the request of Mr. GRASSLEY, the Transportation. uty Secretary of Energy. EC–1843. A communication from the Attor- name of the Senator from Montana ney-Advisor, U.S. Coast Guard, Department * Nomination was reported with rec- (Mr. TESTER) was added as a cosponsor of Homeland Security, transmitting, pursu- ommendation that it be confirmed sub- of S. 109, a bill to amend title XVIII of ant to law, the report of a rule entitled ‘‘Spe- ject to the nominee’s commitment to the Social Security Act to provide for cial Local Regulation, Temporary Anchor- respond to requests to appear and tes- coverage under the Medicare program ages and Safety Zones: Sail Boston 2017; Port tify before any duly constituted com- of pharmacist services. of Boston, MA’’ ((RIN1625–AA08; RIN1625– mittee of the Senate. AA01; and RIN1625–AA87) (Docket No. USCG– S. 130 2016–0949)) received during adjournment of f At the request of Ms. BALDWIN, the the Senate in the Office of the President of INTRODUCTION OF BILLS AND names of the Senator from Idaho (Mr. the Senate on May 30, 2017; to the Committee JOINT RESOLUTIONS CRAPO) and the Senator from Con- on Commerce, Science, and Transportation. necticut (Mr. MURPHY) were added as EC–1844. A communication from the Attor- The following bills and joint resolu- ney-Advisor, U.S. Coast Guard, Department cosponsors of S. 130, a bill to require tions were introduced, read the first enforcement against misbranded milk of Homeland Security, transmitting, pursu- and second times by unanimous con- ant to law, the report of a rule entitled ‘‘Spe- alternatives. sent, and referred as indicated: cial Local Regulation; Breakers to Bridge S. 198 Paddle Festival, Lake Superior, Keweenaw By Mr. NELSON (for himself, Mr. At the request of Mr. RUBIO, the Waterway, MI’’ ((RIN1625–AA08) (Docket No. JOHNSON, Mr. BROWN, Mr. PORTMAN, name of the Senator from New York USCG–2017–0170)) received during adjourn- Ms. BALDWIN, and Mr. HELLER): ment of the Senate in the Office of the Presi- S. 1291. A bill to amend title XVIII of the (Mrs. GILLIBRAND) was added as a co- dent of the Senate on May 30, 2017; to the Social Security Act to establish rules for sponsor of S. 198, a bill to require con- Committee on Commerce, Science, and payment for graduate medical education tinued and enhanced annual reporting Transportation. (GME) costs for hospitals that establish a to Congress in the Annual Report on

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A06JN6.023 S06JNPT1 June 6, 2017 CONGRESSIONAL RECORD — SENATE S3295 International Religious Freedom on setts (Ms. WARREN) was added as a co- ERTS) and the Senator from Wyoming anti-Semitic incidents in Europe, the sponsor of S. 654, a bill to revise sec- (Mr. ENZI) were added as cosponsors of safety and security of European Jewish tion 48 of title 18, United States Code, S. 801, a bill to amend the Fair Labor communities, and the efforts of the and for other purposes. Standards Act of 1938 to provide com- United States to partner with Euro- S. 681 pensatory time for employees in the pean governments, the European At the request of Mr. TESTER, the private sector. Union, and civil society groups, to name of the Senator from Michigan S. 811 combat anti-Semitism, and for other (Ms. STABENOW) was added as a cospon- At the request of Mr. ENZI, the name purposes. sor of S. 681, a bill to amend title 38, of the Senator from Texas (Mr. CRUZ) S. 243 United States Code, to improve the was added as a cosponsor of S. 811, a At the request of Ms. HEITKAMP, the benefits and services provided by the bill to ensure that organizations with name of the Senator from Montana Department of Veterans Affairs to religious or moral convictions are al- (Mr. TESTER) was added as a cosponsor women veterans, and for other pur- lowed to continue to provide services of S. 243, a bill to provide for a perma- poses. for children. nent extension of the enforcement in- S. 697 S. 926 struction on supervision requirements At the request of Mr. DAINES, the At the request of Mrs. ERNST, the for outpatient therapeutic services in name of the Senator from Indiana (Mr. name of the Senator from Indiana (Mr. critical access and small rural hos- DONNELLY) was added as a cosponsor of DONNELLY) was added as a cosponsor of pitals. S. 697, a bill to amend the Internal S. 926, a bill to authorize the Global S. 253 Revenue Code of 1986 to lower the mile- War on Terror Memorial Foundation to At the request of Mr. CARDIN, the age threshold for deduction in deter- establish the National Global War on name of the Senator from Massachu- mining adjusted gross income of cer- Terrorism Memorial as a commemora- setts (Mr. MARKEY) was added as a co- tain expenses of members of reserve tive work in the District of Columbia, sponsor of S. 253, a bill to amend title components of the Armed Forces, and and for other purposes. XVIII of the Social Security Act to re- for other purposes. S. 1014 peal the Medicare outpatient rehabili- S. 720 At the request of Mrs. FISCHER, the tation therapy caps. At the request of Mr. CARDIN, the names of the Senator from Florida (Mr. S. 329 name of the Senator from Missouri NELSON) and the Senator from Massa- At the request of Mr. BOOKER, the (Mrs. MCCASKILL) was added as a co- chusetts (Ms. WARREN) were added as name of the Senator from Vermont sponsor of S. 720, a bill to amend the cosponsors of S. 1014, a bill to direct (Mr. SANDERS) was added as a cospon- Export Administration Act of 1979 to the Secretary of Veterans Affairs to sor of S. 329, a bill to place restrictions include in the prohibitions on boycotts make grants to eligible organizations on the use of solitary confinement for against allies of the United States boy- to provide service dogs to veterans juveniles in Federal custody. cotts fostered by international govern- with severe post-traumatic stress dis- S 431 mental organizations against Israel . order, and for other purposes. At the request of Mr. THUNE, the and to direct the Export-Import Bank S. 1028 names of the Senator from Wyoming of the United States to oppose boycotts At the request of Ms. COLLINS, the (Mr. BARRASSO), the Senator from against Israel, and for other purposes. name of the Senator from Michigan Maryland (Mr. CARDIN), and the Sen- S. 722 (Ms. STABENOW) was added as a cospon- ator from Minnesota (Ms. KLOBUCHAR) At the request of Mr. CORKER, the were added as cosponsors of S. 431, a names of the Senator from Maine (Mr. sor of S. 1028, a bill to provide for the establishment and maintenance of a bill to amend title XVIII of the Social KING), the Senator from Missouri (Mrs. National Family Caregiving Strategy, Security Act to expand the use of tele- MCCASKILL), the Senator from Virginia and for other purposes. health for individuals with stroke. (Mr. KAINE) and the Senator from S. 445 North Dakota (Ms. HEITKAMP) were S. 1093 At the request of Ms. COLLINS, the added as cosponsors of S. 722, a bill to At the request of Mr. FRANKEN, the names of the Senator from Wyoming impose sanctions with respect to Iran names of the Senator from Kansas (Mr. (Mr. BARRASSO) and the Senator from in relation to Iran’s ballistic missile ROBERTS) and the Senator from Massa- Montana (Mr. DAINES) were added as program, support for acts of inter- chusetts (Mr. MARKEY) were added as cosponsors of S. 445, a bill to amend national terrorism, and violations of cosponsors of S. 1093, a bill to amend title XVIII of the Social Security Act human rights, and for other purposes. the Federal Food, Drug, and Cosmetic to ensure more timely access to home S. 782 Act to improve pediatric medical de- health services for Medicare bene- At the request of Mr. CORNYN, the vice application procedures. ficiaries under the Medicare program. names of the Senator from Illinois (Mr. S. 1094 S. 479 DURBIN) and the Senator from Okla- At the request of Mr. RUBIO, the At the request of Mr. BROWN, the homa (Mr. LANKFORD) were added as names of the Senator from Iowa (Mrs. name of the Senator from Massachu- cosponsors of S. 782, a bill to reauthor- ERNST), the Senator from Colorado setts (Mr. MARKEY) was added as a co- ize the National Internet Crimes (Mr. GARDNER), the Senator from Iowa sponsor of S. 479, a bill to amend title Against Children Task Force Program, (Mr. GRASSLEY), the Senator from XVIII of the Social Security Act to and for other purposes. North Dakota (Mr. HOEVEN), the Sen- waive coinsurance under Medicare for S. 798 ator from South Dakota (Mr. THUNE) colorectal cancer screening tests, re- At the request of Mr. CASSIDY, the and the Senator from Kansas (Mr. ROB- gardless of whether therapeutic inter- name of the Senator from South Da- ERTS) were added as cosponsors of S. vention is required during the screen- kota (Mr. ROUNDS) was added as a co- 1094, a bill to amend title 38, United ing. sponsor of S. 798, a bill to amend title States Code, to improve the account- S. 523 38, United States Code, to expand the ability of employees of the Department At the request of Mr. MANCHIN, the Yellow Ribbon G.I. Education Enhance- of Veterans Affairs, and for other pur- name of the Senator from Rhode Island ment Program to apply to individuals poses. (Mr. WHITEHOUSE) was added as a co- pursuing programs of education while At the request of Mr. TOOMEY, his sponsor of S. 523, a bill to amend the on active duty, to recipients of the Ma- name was added as a cosponsor of S. Internal Revenue Code of 1986 to estab- rine Gunnery Sergeant John David Fry 1094, supra. lish a stewardship fee on the produc- scholarship, and to programs of edu- At the request of Mr. PAUL, his name tion and importation of opioid pain re- cation pursued on half-time basis or was added as a cosponsor of S. 1094, lievers, and for other purposes. less, and for other purposes. supra. S. 654 S. 801 S. 1132 At the request of Mr. TOOMEY, the At the request of Mr. LEE, the names At the request of Mr. CASSIDY, the name of the Senator from Massachu- of the Senator from Kansas (Mr. ROB- name of the Senator from Montana

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A06JN6.027 S06JNPT1 S3296 CONGRESSIONAL RECORD — SENATE June 6, 2017 (Mr. TESTER) was added as a cosponsor of Vietnam for all purposes under the Unfortunately, this and other pro- of S. 1132, a bill to amend title XVIII of Agent Orange Act of 1991. grams were distorted in the public de- the Social Security Act to make per- S. RES. 54 bate by a traitor, a disgruntled ex-NSA manent the removal of the rental cap At the request of Mr. BLUMENTHAL, contractor, Edward Snowden, who now for durable medical equipment under the name of the Senator from Delaware sits in the warm embrace of Russian the Medicare program with respect to (Mr. COONS) was added as a cosponsor intelligence services. Ever since his speech generating devices. of S. Res. 54, a resolution expressing very damaging leak of classified mate- S. 1133 the unwavering commitment of the rial many years back, many Americans have grown doubtful about these pro- At the request of Mr. LANKFORD, the United States to the North Atlantic name of the Senator from Texas (Mr. Treaty Organization. grams and about section 702 in par- ticular, which is why it bears repeating CRUZ) was added as a cosponsor of S. S. RES. 174 just what section 702 does. It allows our 1133, a bill to repeal changes made by At the request of Mr. MORAN, the national security agencies to collect health care reform laws to the Medi- name of the Senator from New Hamp- internet or phone communications care exception to the prohibition on shire (Ms. HASSAN) was added as a co- from a source within the United certain physician referrals for hos- sponsor of S. Res. 174, a resolution rec- States, like an internet service pro- pitals, and for other purposes. ognizing the 100th anniversary of Lions vider, but only under a very specific set S. 1141 Clubs International and celebrating the of conditions. It cannot target Amer- At the request of Mrs. SHAHEEN, the Lions Clubs International for a long ican citizens—not even lawful perma- name of the Senator from Maryland history of humanitarian service. nent residents. It can’t even target for- (Mr. CARDIN) was added as a cosponsor f eigners communicating on U.S. soil. It of S. 1141, a bill to ensure that the can target only people discussing a spe- United States promotes the meaningful STATEMENTS ON INTRODUCED cific list of topics preapproved by the participation of women in mediation BILLS AND JOINT RESOLUTIONS FISA court, which is made up of Fed- and negotiation processes seeking to By Mr. COTTON (for himself, Mr. eral judges with life tenure. We are not prevent, mitigate, or resolve violent BURR, Mr. RISCH, Mr. RUBIO, talking about what they are picking up conflict. Ms. COLLINS, Mr. BLUNT, Mr. at the grocery store or when they are S. 1151 LANKFORD, Mr. CORNYN, Mr. checking in on the kids. We are talking At the request of Mrs. ERNST, the MCCAIN, Mr. TILLIS, Mr. ROB- about things like weapons of mass de- name of the Senator from Montana ERTS, Mr. GRAHAM, Mr. THUNE, struction. It is true that this program occasion- (Mr. TESTER) was added as a cosponsor and Mr. PERDUE): of S. 1151, a bill to amend the Internal S. 1297. A bill to make title VII of the ally does collect information about Revenue Code of 1986 to provide a non- Foreign Intelligence Surveillance Act American citizens. That will be true of refundable credit for working family of 1978 permanent, and for other pur- any attempt to stop any kind of home- caregivers. poses; to the Committee on the Judici- grown terrorism. But if you are con- ary. cerned about protecting Americans’ S. 1238 privacy rights, then you should support At the request of Ms. COLLINS, the Mr. COTTON. Mr. President, the at- tacks in London last weekend exposed extending 702. It puts in place a host of name of the Senator from Wisconsin privacy protections to scrub raw intel- (Ms. BALDWIN) was added as a cospon- in a matter of minutes just how vulner- able free societies truly are. All it ligence of any unnecessary identifying sor of S. 1238, a bill to amend the Inter- information. To allow this program to nal Revenue Code of 1986 to increase takes is a van or a knife and an unsuspecting bystander to turn a fun expire on December 31 would hurt both and make permanent the exclusion for our national security and our privacy benefits provided to volunteer fire- night out on the town into a horrific nightmare. rights. fighters and emergency medical re- That is why today I am introducing a Of course, we shouldn’t need any re- sponders. bill that would reauthorize section 702 minders, but let me give one yet again: S. 1240 permanently, as is, with no changes. We are at war with Islamic extremists. At the request of Mrs. SHAHEEN, the We can’t tie the hands of our national We have been for years, and I am sorry security officials at the precise mo- name of the Senator from Vermont to say that there is no end in sight. It (Mr. SANDERS) was added as a cospon- ment that our enemies are taking the is easy to forget this as we go about gloves off around the world. Terrorists sor of S. 1240, a bill to amend the Fed- our daily lives, but our enemies have eral Power Act to establish an Office of don’t plan to sunset their threats to not, and they will not. They have never our way of life, so why should our im- Public Participation and Consumer Ad- taken their eyes off the ultimate tar- vocacy. portant counterterrorism tools sunset? get, either—the United States. I am glad to say that my legislation S. 1263 Yes, we are at war with a vicious and has the support of every Republican At the request of Mr. BOOKER, the unyielding foe, and just as our enemy Senator on the Intelligence Com- name of the Senator from New York can attack us with the simplest of ev- mittee, and I look forward to earning (Mrs. GILLIBRAND) was added as a co- eryday tools, the strongest shield we the support of my colleagues in the sponsor of S. 1263, a bill to amend the have in our defense is just as basic: It weeks ahead because we can’t afford to Outer Continental Shelf Lands Act to is the intelligence—information—of let this program expire. It is not too prohibit oil-, gas-, and methane hy- knowing who is talking to whom about much and it is not an exaggeration to drate-related seismic activities in the what, where, when, and why. say that American lives depend on sec- North Atlantic, Mid-Atlantic, South After the 9/11 attacks, our national tion 702. Atlantic, and Straits of Florida plan- security agencies developed cutting- f ning areas of the outer Continental edge programs that allow us to figure Shelf, and for other purposes. out what the bad guys are up to and AMENDMENTS SUBMITTED AND S. CON. RES. 12 stop them before they can perpetrate PROPOSED At the request of Mr. GRASSLEY, the such heinous attacks. Very often, the SA 219. Mr. GARDNER submitted an name of the Senator from South Da- intelligence they have collected has amendment intended to be proposed by him kota (Mr. ROUNDS) was added as a co- made the difference between life and to the bill S. 1094, to amend title 38, United sponsor of S. Con. Res. 12, a concurrent death for American citizens. But one of States Code, to improve the accountability of employees of the Department of Veterans resolution expressing the sense of Con- those programs is going to sunset later Affairs, and for other purposes; which was or- gress that those who served in the this year. I am talking about section dered to lie on the table. bays, harbors, and territorial seas of 702 of the Foreign Intelligence Surveil- f the Republic of Vietnam during the pe- lance Act. This is a program that col- riod beginning on January 9, 1962, and lects information about foreign persons TEXT OF AMENDMENTS ending on May 7, 1975, should be pre- on foreign soil and, as a result, saves SA 219. Mr. GARDNER submitted an sumed to have served in the Republic American lives. amendment intended to be proposed by

VerDate Sep 11 2014 02:26 Jun 07, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A06JN6.029 S06JNPT1 June 6, 2017 CONGRESSIONAL RECORD — SENATE S3297 him to the bill S. 1094, to amend title COMMITTEE ON ARMED SERVICES ORDERS FOR WEDNESDAY, JUNE 7, 38, United States Code, to improve the The Committee on Armed Services is 2017 accountability of employees of the De- authorized to meet during the session Mr. MCCONNELL. Madam President, partment of Veterans Affairs, and for of the Senate on Tuesday, June 6, 2017, I ask unanimous consent that when the other purposes; which was ordered to at 9:30 a.m., in open session, to receive Senate completes its business today, it lie on the table; as follows: testimony on the posture of the De- adjourn until 9:30 a.m., Wednesday, Beginning on page 81, strike line 3 and all partment of the Air Force in review of June 7; further, that following the that follows through page 82, line 24, and in- the defense authorization request for prayer and pledge, the morning hour be sert the following: fiscal year 2018 and the future years de- (a) REDUCTION OF ANNUITY FOR REMOVED deemed expired, the Journal of pro- fense program. EMPLOYEE.—(1) The Secretary shall order ceedings be approved to date, the time that the covered service of an employee of COMMITTEE ON BANKING, HOUSING, AND URBAN for the two leaders be reserved for their the Department removed from a position for AFFAIRS use later in the day, and morning busi- performance or misconduct under section The Committee on Banking, Housing, ness be closed; finally, that following 713, 714, or 7461 of this title or any other pro- and Urban Affairs is authorized to vision of law shall not be taken into account leader remarks, the Senate resume meet during the session of the Senate consideration of the motion to proceed for purposes of calculating an annuity with on Tuesday, June 6, 2017, at 10 a.m. to respect to such individual under chapter 83 to Calendar No. 110, S. 722. or chapter 84 of title 5, if— conduct a hearing to consider the fol- The PRESIDING OFFICER. Without (A) the Secretary determines that the indi- lowing nominations: Mr. Kevin Allen objection, it is so ordered. vidual— Hassett, to be Chairman of the Council f (i) is convicted of a felony (and the convic- of Economic Advisers; and the Honor- tion is final) that influenced the individual’s able Pamela Hughes Patenaude, to be ADJOURNMENT UNTIL 9:30 A.M. performance while employed in the position; Deputy Secretary of Housing and TOMORROW (ii) committed an act of gross negligence; Urban Development. or Mr. MCCONNELL. Madam President, (iii) mismanaged funds of the Department; COMMITTEE ON ENERGY AND NATURAL if there is no further business to come and RESOURCES before the Senate, I ask unanimous (B) before such order is made, the indi- The Senate Committee on Energy consent that it stand adjourned under vidual is afforded— and Natural Resources is authorized to the previous order. (i) notice of the proposed order; and meet during the session of the Senate There being no objection, the Senate, (ii) an opportunity to respond to the pro- in order to hold a Business Meeting on at 6:25 p.m., adjourned until Wednes- posed order by not later than ten business Tuesday, June 6, 2017, beginning at 9:30 day, June 7, 2017, at 9:30 a.m. days following receipt of such notice; and a.m. in Room 366 of the Dirksen Senate f (C) the Secretary issues the order— Office Building in Washington, DC. (i) in the case of a proposed order to which NOMINATIONS an individual responds under subparagraph COMMITTEE ON HOMELAND SECURITY AND (B)(ii), not later than five business days after GOVERNMENTAL AFFAIRS Executive nominations received by receiving the response of the individual; or The Committee on Homeland Secu- the Senate: (ii) in the case of a proposed order to which rity and Governmental Affairs is au- DEPARTMENT OF DEFENSE an individual does not respond, not later thorized to meet during the session of RICHARD V. SPENCER, OF WYOMING, TO BE SECRETARY than 15 business days after the Secretary the Senate on Tuesday, June 6, 2017, at OF THE NAVY, VICE RAYMOND EDWIN MABUS, JR. provides notice to the individual under sub- 10 a.m. in order to conduct a hearing. CHARLES DOUGLAS STIMSON, OF VIRGINIA, TO BE GEN- paragraph (B)(i). ERAL COUNSEL OF THE DEPARTMENT OF THE NAVY, (2) Any individual with respect to whom an SELECT COMMITTEE ON INTELLIGENCE VICE PAUL LUIS OOSTBURG SANZ. OWEN WEST, OF CONNECTICUT, TO BE AN ASSISTANT annuity is reduced under this subsection The Senate Select Committee on In- SECRETARY OF DEFENSE, VICE MICHAEL D. LUMPKIN. may appeal the reduction to the Director of telligence is authorized to meet during DEPARTMENT OF THE TREASURY the Office of Personnel Management pursu- the session of the 115th Congress of the ant to such regulations as the Director may U.S. Senate on Tuesday, June 6, 2017, JOSEPH OTTING, OF NEVADA, TO BE COMPTROLLER OF prescribe for purposes of this subsection. THE CURRENCY FOR A TERM OF FIVE YEARS, VICE at 3 p.m., in room SH–219 of the Senate THOMAS J. CURRY, TERM EXPIRED. (b) REDUCTION OF ANNUITY FOR RETIRED EMPLOYEE.—(1) The Secretary may order Hart Office Building. DEPARTMENT OF COMMERCE that the covered service of an individual who SUBCOMMITTEE ON SEAPOWER ELIZABETH ERIN WALSH, OF THE DISTRICT OF COLUM- the Secretary proposes to remove for per- BIA, TO BE ASSISTANT SECRETARY OF COMMERCE AND The Subcommittee on Seapower of DIRECTOR GENERAL OF THE UNITED STATES AND FOR- formance or misconduct under section 713, the Committee on Armed Services is EIGN COMMERCIAL SERVICE, VICE ARUN MADHAVAN 714, or 7461 of this title or any other provi- authorized to meet during the session KUMAR. sion of law but who leaves employment at of the Senate on Tuesday, June 6, 2017, DEPARTMENT OF TRANSPORTATION the Department prior to the issuance of a at 2:30 p.m. STEVEN GILL BRADBURY, OF VIRGINIA, TO BE GEN- final decision with respect to such action ERAL COUNSEL OF THE DEPARTMENT OF TRANSPOR- shall not be taken into account for purposes Mr. NELSON. Mr. President, I ask TATION, VICE KATHRYN B. THOMSON, RESIGNED. of calculating an annuity with respect to consent that LCDR Michael Chesnut, DEPARTMENT OF HOMELAND SECURITY such individual under chapter 83 or chapter U.S. Navy, a defense legislative fellow DAVID P. PEKOSKE, OF MARYLAND, TO BE AN ASSIST- 84 of title 5, if— in my office, be granted floor privileges ANT SECRETARY OF HOMELAND SECURITY, VICE PETER (A) the Secretary determines that the indi- for the duration of his fellowship. V. NEFFENGER. vidual— The PRESIDING OFFICER. Without NUCLEAR REGULATORY COMMISSION (i) is convicted of a felony (and the convic- objection, it is so ordered. ANNIE CAPUTO, OF VIRGINIA, TO BE A MEMBER OF THE tion is final) that influenced the individual’s NUCLEAR REGULATORY COMMISSION FOR THE TERM OF performance while employed in the position; f FIVE YEARS EXPIRING JUNE 30, 2021, VICE WILLIAM (ii) committed an act of gross negligence; CHARLES OSTENDORFF, TERM EXPIRED. PRIVILEGES OF THE FLOOR KRISTINE L. SVINICKI, OF VIRGINIA, TO BE A MEMBER or OF THE NUCLEAR REGULATORY COMMISSION FOR THE (iii) mismanaged funds of the Department; Mr. CASSIDY. Mr. President, I ask TERM OF FIVE YEARS EXPIRING JUNE 30, 2022. (RE- and unanimous consent that Patrick Flani- APPOINTMENT) DAVID WRIGHT, OF SOUTH CAROLINA, TO BE A MEMBER f gan, an intern in Senator KENNEDY’s OF THE NUCLEAR REGULATORY COMMISSION FOR THE office, be granted floor privileges for TERM OF FIVE YEARS EXPIRING JUNE 30, 2020, VICE JEFF- AUTHORITY FOR COMMITTEES TO the remainder of the day. ERY MARTIN BARAN, RESIGNED. MEET The PRESIDING OFFICER. Without DEPARTMENT OF HEALTH AND HUMAN SERVICES Mr. KENNEDY. Mr. President, I have objection, it is so ordered. ROBERT CHARROW, OF MARYLAND, TO BE GENERAL COUNSEL OF THE DEPARTMENT OF HEALTH AND HUMAN 6 requests for committees to meet dur- f SERVICES, VICE WILLIAM B. SCHULTZ. ing today’s session of the Senate. They STEPHEN PARENTE, OF MINNESOTA, TO BE AN ASSIST- ORDER FOR STAR PRINTING—S. ANT SECRETARY OF HEALTH AND HUMAN SERVICES, have the approval of the Majority and VICE RICHARD G. FRANK. Minority leaders. RES. 184 OVERSEAS PRIVATE INVESTMENT CORPORATION Pursuant to rule XXVI, paragraph Mr. MCCONNELL. Madam President, DAVID STEELE BOHIGIAN, OF MISSOURI, TO BE EXECU- 5(a), of the Standing Rules of the Sen- I ask unanimous consent that S. Res. TIVE VICE PRESIDENT OF THE OVERSEAS PRIVATE IN- ate, the following committees are au- 184 be star printed. VESTMENT CORPORATION, VICE MIMI E. ALEMAYEHOU . The PRESIDING OFFICER. Without RAY WASHBURNE, OF TEXAS, TO BE PRESIDENT OF thorized to meet during today’s session THE OVERSEAS PRIVATE INVESTMENT CORPORATION, of the Senate: objection, it is so ordered. VICE ELIZABETH L. LITTLEFIELD.

VerDate Sep 11 2014 04:26 Sep 20, 2017 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 9801 E:\RECORD17\JUNE\S06JN7.REC S06JN7 S3298 CONGRESSIONAL RECORD — SENATE June 6, 2017

DEPARTMENT OF EDUCATION ELIZABETH PATRICIA CARDONE, OF NEW YORK NICHOLAS ARIC SOTTLER, OF THE DISTRICT OF COLUM- RONALD E. CAREY, OF VIRGINIA BIA PETER LOUIS OPPENHEIM, OF MARYLAND, TO BE AS- TRICIA LYNN CARLISLE, OF VIRGINIA SHANNON S. SPILLER, OF VIRGINIA SISTANT SECRETARY FOR LEGISLATION AND CONGRES- ANTHONY C. CARTELLI, OF THE DISTRICT OF COLUMBIA CANDACE VALERIE SPRADLEY, OF THE DISTRICT OF CO- SIONAL AFFAIRS, DEPARTMENT OF EDUCATION, VICE ANTHONY CARTER, OF VIRGINIA LUMBIA JULIUS LLOYD HORWICH. WILLIAM DENNIS CASEY, OF VIRGINIA AUDREY JANE STEVENS, OF THE DISTRICT OF COLUMBIA CARLOS G. MUNIZ, OF FLORIDA, TO BE GENERAL COUN- JOSEPH G. CATALANO, OF VIRGINIA CHRISTINA BUCTON STOMM, OF VIRGINIA SEL, DEPARTMENT OF EDUCATION, VICE JAMES COLE, BAHARAK SHAMS CHAISSON, OF VIRGINIA KATHRYN NAOMI TAYLOR, OF VIRGINIA JR. GIRISH SUBHASH CHASKAR, OF VIRGINIA LEE MCCLINTOCK THOMPSON, OF TEXAS PENNY PIN–CHIEH CHEN, OF VIRGINIA JENNIFER LYNN TORRES, OF THE DISTRICT OF COLUM- DEPARTMENT OF JUSTICE SHERRIE MICHELLE CHUNG, OF VIRGINIA BIA COLETTE MARIA CLARK, OF THE DISTRICT OF COLUMBIA ERIN CARNEY TRAMONTOZZI, OF TEXAS BRIAN ALLEN BENCZKOWSKI, OF VIRGINIA, TO BE AN MALCOLM HOWARD CLARK, OF MARYLAND GREG KEVIN TRAYLOR, OF FLORIDA ASSISTANT ATTORNEY GENERAL, VICE LESLIE RAGON HALEY MONET COTTRELL, OF VIRGINIA HENRY W. TRIMBLE, OF VIRGINIA CALDWELL. MICHAEL NOAH CUNNINGHAM, OF VIRGINIA BRICE CAMERON TURNER, OF THE DISTRICT OF COLUM- IN THE AIR FORCE JON ADAM CUSTIS, OF FLORIDA BIA JONATHAN A. CZIN, OF VIRGINIA IAN P. TUTTLE, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KATHRYN VICTORIA DANIEL, OF VIRGINIA MUSTAFA AKBARALY VAHANVATY, OF CALIFORNIA IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- SCOTT RUSSELL DASH, OF THE DISTRICT OF COLUMBIA RACHEL KEY VAN JOHNSON, OF CALIFORNIA CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE SHAWN MICHAEL DAVIS, OF VIRGINIA STEVEN STERLING VERNON, OF VIRGINIA AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION MATTHEW ALAN DEAN, OF THE DISTRICT OF COLUMBIA MONICA THEODORA VON SCHLEGELL, OF CALIFORNIA 601: JOHN L. DESALVIO, OF VIRGINIA ELIZA PUI WAH WALSH, OF VIRGINIA MICHAEL J. DISALVO, OF VIRGINIA REES J. WALTHER, OF VIRGINIA To be lieutenant general RYAN A. DOUGLAS, OF VIRGINIA JOSHUA PAUL WELSH, OF FLORIDA MAJ. GEN. SCOTT A. HOWELL MATTHEW F. EBERT, OF VIRGINIA SONIA ANJULIE WETTSTEIN, OF NEW YORK RANDI E. ECKARD, OF VIRGINIA THOMAS HUSTON WHITE, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LUCY PLICHTA EDGERTON, OF VIRGINIA JAMES B. WHITMORE, OF VIRGINIA IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- MELISSA ANNE FEDDERS, OF VIRGINIA MICHAL KRYZYSZTOF WIECZOREK, OF VIRGINIA CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE SHANNON J. FLECKENSTEIN, OF VIRGINIA PATRICK CHARLES WILCOX, OF TEXAS AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION LAURIE JEAN GALLEGOS, OF VIRGINIA ERIC ARTHUR WILD, OF THE DISTRICT OF COLUMBIA 601: ANTHONY JOSEPH GENTILE, OF VIRGINIA ELLEN DEAN WILSON, OF VIRGINIA To be lieutenant general ELIZABETH GESSON, OF CALIFORNIA DANIELLE L. K. WINFIELD, OF VIRGINIA MARTHA CLAIRE GILLON, OF VIRGINIA JOSHUA HARRISON WISE, OF VIRGINIA MAJ. GEN. JAMES C. VECHERY BENJAMIN DAVID GORDON, OF UTAH SETH ANDREW WYNGOWSKI, OF VIRGINIA MICHAEL ALBERT GREEN, OF VIRGINIA ELIZABETH MARIE WYSOCKI, OF MASSACHUSETTS IN THE ARMY DANIEL STEPHEN HADLEY, OF TEXAS MARK ZACHARY PETERSON HANDLOFF, OF NORTH CARO- THE FOLLOWING–NAMED MEMBERS OF THE FOREIGN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LINA SERVICE OF THE DEPARTMENT OF STATE FOR APPOINT- IN THE UNITED STATES ARMY TO THE GRADE INDICATED SEAN THOMAS HARDINGHAM, OF VIRGINIA MENT AS A FOREIGN SERVICE OFFICER, A CONSULAR OF- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BENJAMIN LAFAYETTE HARRELL, OF VIRGINIA FICER, AND A SECRETARY IN THE DIPLOMATIC SERVICE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: NATHANIEL B. HEGSETH, OF MARYLAND OF THE UNITED STATES OF AMERICA: To be lieutenant general HAILEY ANNE HOFFMAN, OF VIRGINIA GABRIELA R. ARIAS VILLELA, OF FLORIDA SIMON M. HOLMES, OF VIRGINIA NAVDEEP AUJLA, OF THE DISTRICT OF COLUMBIA MAJ. GEN. THOMAS A. HORLANDER PETER G. HUDDLE, OF VIRGINIA SUZANNE BALSAM, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SARABRYNN MICHELLE HUDGINS, OF THE DISTRICT OF MICHAEL G. BARRERA, OF TEXAS IN THE UNITED STATES ARMY TO THE GRADE INDICATED COLUMBIA KATE WILKINSON BARTLETT, OF FLORIDA WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MARK VERNON HUNGERFORD, OF WASHINGTON YANIV M. BARZILAI, OF TENNESSEE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ALEXANDER MICHAEL HUNT, OF ARKANSAS ALEXANDER B. BELLAH, OF VIRGINIA ANNA R. ISMAN, OF VIRGINIA BRANT B. BEYER, OF MONTANA To be lieutenant general SCOTT MATTHEW JACKSON, OF VIRGINIA SHELLA A. BIALLAS, OF WASHINGTON MICHAEL DANIEL JACOBELLIS, OF VIRGINIA DANIEL A. BOEHMER, OF MASSACHUSETTS MAJ. GEN. BRUCE T. CRAWFORD DAVID NELSON JONES, OF VIRGINIA ANNA M. BOULOS, OF NEW HAMPSHIRE IN THE NAVY DAVID A. KACZOR, OF VIRGINIA EVELINA A. BOZEK, OF CALIFORNIA SARA RUTH KAUFFMAN, OF VIRGINIA EMILY R. BRANDT, OF TEXAS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHRISTOPHER MICHAEL KEALLY, OF THE DISTRICT OF DEVIN M. CAHILL, OF ILLINOIS IN THE UNITED STATES NAVY TO THE GRADE INDICATED COLUMBIA JOHN CERABINO–HESS, OF FLORIDA WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND ERIKA D. KIRKLAND, OF VIRGINIA SCOTT K. CLAYTON, OF OHIO RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: DAVID CHRISTIAN KISSLING, OF WASHINGTON KEVIN M. COATS, OF FLORIDA THOMAS B. KNESL, OF VIRGINIA JAMES DAVIS II, OF THE DISTRICT OF COLUMBIA To be vice admiral CAROLYN MARGARET KRAGIE, OF VIRGINIA MARIA A. DAVYDENKO, OF ALASKA REAR ADM. ANDREW L. LEWIS KENNETH R. KRAPER, OF VIRGINIA JOSHUA R. DELARA, OF NEW YORK JESSICA BENSON KUNTZ, OF THE DISTRICT OF COLUMBIA DANIEL J. DEVRIES, OF MICHIGAN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARK S. LANCASTER, OF VIRGINIA JEREMIAS N. DIRK, OF MICHIGAN IN THE UNITED STATES NAVY TO THE GRADE INDICATED ERIC VICTOR LARSON, OF FLORIDA COCO A. DOWNEY, OF TEXAS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND CARING CHAI LAW, OF VIRGINIA DANIEL A. DURAZO, OF CALIFORNIA RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THOMAS ANDREW LEE, OF THE DISTRICT OF COLUMBIA KATHRYN EDWARDS, OF PENNSYLVANIA To be vice admiral ANDREW RICHARD LEWIS, OF VIRGINIA ROBERT GEORGE EHRMANN, OF THE DISTRICT OF CO- IVERSON BRYANS LONG, OF NEW YORK LUMBIA REAR ADM. MATTHEW J. KOHLER BRET DAVID LUGO, OF VIRGINIA NASHWA N. ELGADI, OF TEXAS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRYAN THOMAS MANGAN, OF VIRGINIA MATTHEW S. FERRY, OF MISSOURI IN THE UNITED STATES NAVY TO THE GRADE INDICATED ROBERT BYRON MANN, OF VIRGINIA RAPHAEL A. GARCIA, OF FLORIDA WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MATTHEW JEROME MAUNTEL–MEDICI, OF ILLINOIS VICTOR M. GARCIA–RIVERA, OF FLORIDA RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: DAVID M. MCCLARY, OF VIRGINIA SARAH B. GARDINER, OF CONNECTICUT MEGAN ALYSSA MCCULLOUGH, OF MARYLAND ANTHONY PETER GIORGIANNI, OF VIRGINIA To be vice admiral MICHAEL STEPHEN MCLEAN, OF THE DISTRICT OF CO- ARON F. GOLD, OF PENNSYLVANIA LUMBIA BRIAN H. GRANDJEAN, OF VIRGINIA VICE ADM. KEVIN M. DONEGAN ASHLIE KATHLEEN MENARD, OF NEW YORK MATTHEW J. HAFNER, OF MISSOURI IN THE MARINE CORPS JUDD MILNE, OF VIRGINIA BRETT E. HANSEN, OF VIRGINIA JULIA LYNN MOGHE, OF VIRGINIA GARRETT J. HARKINS, OF NEW YORK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHELSEA L. MONTI, OF VIRGINIA KARI E. HATCHER, OF MICHIGAN IN THE UNITED STATES MARINE CORPS TO THE GRADE CHELSEA RAE MORGAN, OF VIRGINIA CALVIN L. HAYES, OF FLORIDA INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- KATHERINE SANDER MORRIS, OF WASHINGTON CALANDRA J. HERSRUD, OF NEVADA TANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., TIMOTHY K. MOSS, OF VIRGINIA BRIAN J. HUSAR, OF FLORIDA SECTION 601: ANGELEE MULLINS, OF MARYLAND SHAYMA JANNAT, OF CONNECTICUT HEATHER CHRISTINE MURPHY, OF THE DISTRICT OF CO- LESLIE L. JOHNSON, OF PENNSYLVANIA To be lieutenant general LUMBIA KATHERINE S. KIGUDDE, OF TEXAS MAJ. GEN. ROBERT F. HEDELUND KRISTIN S. MUSSELMAN, OF VIRGINIA ERICA S. KING, OF TEXAS MUHAMMAD AMMAR MIKDAMUL MUYEED, OF VIRGINIA ALEXANDRA J. KING PILE, OF MARYLAND FOREIGN SERVICE LAURIE JOHNSON MYNATT, OF FLORIDA DARRIN J. KOWITZ, OF NEW MEXICO VINCENT STENNETT MYRICK, OF VIRGINIA JOSEPH N. LEAVITT, OF OREGON THE FOLLOWING–NAMED MEMBERS OF THE FOREIGN YUSHUWA WAALID NETTLES, OF PENNSYLVANIA EDITH HOPE LEE, OF WASHINGTON SERVICE OF THE DEPARTMENT OF STATE TO BE A CON- PHUONG DUY NGUYEN, OF VIRGINIA DANIEL M. LISS, OF FLORIDA SULAR OFFICER AND A SECRETARY IN THE DIPLOMATIC WALTER KILE NIGHTINGALE, OF TEXAS TIMOTHY P. LOCKWOOD, OF ARIZONA SERVICE OF THE UNITED STATES OF AMERICA: TERESA LEE NOBLE, OF THE DISTRICT OF COLUMBIA CHRISTIAN M. LOUBEAU, OF NEW YORK NICHOLAS RAYMOND ABBATE, OF NEW YORK TIMOTHY MICHAEL NORRIS, OF VIRGINIA MACIEJ J. LUCZYWO, OF NEW YORK BILQIS MAJIDAH AIDARA ADJEI, OF FLORIDA NATALIE ELIZABETH OLSON–CLOWES, OF THE DISTRICT ADAM A. LUND, OF OREGON NATHANIEL PALENAKA AMBLER, OF VIRGINIA OF COLUMBIA MICHAEL JOHN MARBLE, OF VIRGINIA LUKE JOSEPH ANDERSEN, OF VIRGINIA ANTHONY PALMER, OF VIRGINIA RONALD LUKE MARTIN, OF CALIFORNIA WILLIAM SPENCER ANDERSON, OF WASHINGTON MARK ANTHONY PATANELLA, OF VIRGINIA BRIA A. MATHEWS, OF MISSOURI JILLIAN CHRISTINE ANTHONY, OF VIRGINIA PHAKISHA L. PETERSON, OF VIRGINIA JILLIAN AMBER MCCOY, OF MARYLAND MONICA LYNN ARRIOLA, OF CALIFORNIA JESSICA ANH THU DUC PHAM, OF CALIFORNIA JONATHAN D. MCMASTER, OF MARYLAND DAVID ALAN BAKER, OF VIRGINIA ANAND PRASAD, OF VIRGINIA TIFFANY MICHELLE MILLER, OF NORTH CAROLINA KIMBERLY ANN BARONE, OF THE DISTRICT OF COLUMBIA POORNIMA RAI, OF THE DISTRICT OF COLUMBIA DEREK M. MILLS, OF THE DISTRICT OF COLUMBIA GREGORY MARK BAUER, OF VIRGINIA LUKE ROBERT RAMSEY, OF VIRGINIA DORIAN MOLINA, OF MASSACHUSETTS BRIAN GLENN BENGTSON, OF VIRGINIA VERONICA LYNN REDMOND, OF VIRGINIA SALVADOR C. MOLINA, OF CALIFORNIA MADELINE REISING BENNETT, OF TEXAS TRAVIS W. REZNIK, OF VIRGINIA DONNA R. MOLINARI, OF THE DISTRICT OF COLUMBIA MICHAEL DANIEL BERENTSON, OF WASHINGTON DAVID NATHAN ROBERTS, OF MICHIGAN KENT M. MULLEN, OF VIRGINIA ARI BENJAMIN BERLIN, OF VIRGINIA SHARON R. ROSE, OF VIRGINIA KEVIN J. O’CONNOR, OF CALIFORNIA STEPHEN L. BOCANEGRA, OF VIRGINIA NATALIE D. RUTKOWSKI, OF VIRGINIA LAUREN FORBES O’DOHERTY, OF NORTH CAROLINA MICHAEL RYAN BOWERBANK, OF VIRGINIA NICOLE SUNE SBITANI, OF VIRGINIA KENDRA E. PACE, OF FLORIDA ERIC JAMES BRATT, OF CALIFORNIA DANA L. SCHMIDT, OF VIRGINIA THOMAS E. PAJUSI, OF NEW JERSEY RALPH EVAN BROWN III, OF CALIFORNIA CAROLINE BROOKS SHAVER, OF VIRGINIA KABEER PARWANI, OF MASSACHUSETTS SHALEEN JOHN BRUNSDALE, OF THE DISTRICT OF CO- AROOSTINE MCDOWELL SHESTON, OF VIRGINIA STEPHANIE WEGMAN PETERSON, OF MINNESOTA LUMBIA ELISABETH A. SIGLER, OF THE DISTRICT OF COLUMBIA RICHARD T. PHILLIPS, OF SOUTH DAKOTA JEREMY RICHARD CAIRL, OF VIRGINIA KATHRYN HORNER SIROLLY, OF ILLINOIS MARISSA J. POLNEROW, OF NEW JERSEY CLINTON CANADY IV, OF THE DISTRICT OF COLUMBIA TAYLOR STEWART SMITH, OF VIRGINIA MARK J. REDMOND, OF CONNECTICUT CALVIN STEWART CARDILLO, OF VIRGINIA OLEG SOKOLAN, OF VIRGINIA NATHANIEL DAVID REIN, OF OREGON

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ROBERT B. REVERE, JR., OF FLORIDA DANIEL R. WALKER, OF NEW YORK NATIONAL DEVELOPMENT, OFFICE OF INSPECTOR GEN- SARAH K. G. ROGERS, OF CALIFORNIA ADAM M. WALLINGFORD, OF VIRGINIA ERAL TO BE A FOREIGN SERVICE OFFICER, A CONSULAR WILLIAM L. ROMINE, OF FLORIDA RYAN M. WAYE, OF GEORGIA OFFICER, AND A SECRETARY IN THE DIPLOMATIC SERV- BENJAMIN R. ROODE, OF THE DISTRICT OF COLUMBIA JONATHAN P. WEDD, OF CALIFORNIA ICE OF THE UNITED STATES OF AMERICA: JOSEPH A. ROZENSHTEIN, OF NEW YORK REBECCA R. WHITE, OF THE DISTRICT OF COLUMBIA RAMEETH HUNDLE, OF ILLINOIS VALERIE JEAN SANTOS, OF VIRGINIA ANTON L. WISHIK II, OF WASHINGTON JOY KADNAR, OF VIRGINIA JILLIAN R. SCHMITT, OF VIRGINIA NOAH T. WOODIWISS, OF SOUTH CAROLINA SPIRIDON NAKIS, OF VIRGINIA ROBERT ALLEN SCOTT, OF IOWA ANGELA J. WYSE, OF MICHIGAN LOREN STENDER, OF SOUTH CAROLINA CRAIG W. SIMONS, OF CALIFORNIA MATTHEW J. YI, OF CALIFORNIA AUDREY S. SLOVER, OF COLORADO HAENIM YOO, OF CALIFORNIA MARCO S. SOTELINO, OF MASSACHUSETTS THE FOLLOWING–NAMED MEMBERS OF THE FOREIGN f ABIGAIL M. SPENGLER, OF FLORIDA SERVICE OF THE UNITED STATES DEPARTMENT OF AG- HELAINA M. STEIN, OF NEW YORK RICULTURE TO BE A FOREIGN SERVICE OFFICER, A CON- DANIEL S. STREITFELD, OF TEXAS SULAR OFFICER, AND A SECRETARY IN THE DIPLOMATIC CONFIRMATION WILLIAM D. STURGEON, OF VIRGINIA SERVICE OF THE UNITED STATES OF AMERICA: EMILY M. TEICKENSON, OF NEW YORK Executive nomination confirmed by AARON M. THOMPSON, OF VIRGINIA ANDREW ANDERSON–SPRECHER, OF WYOMING JEFFERY ALAN TOMASEVICH, OF THE DISTRICT OF CO- LAURA J. GELLER, OF OHIO the Senate June 6, 2017: KARISHA L. KUYPERS, OF TENNESSEE LUMBIA CENTRAL INTELLIGENCE AGENCY MATTHEW V. TOMPKINS, OF CALIFORNIA EVAN NICHOLAS MANGINO, OF NEW JERSEY VALERIE L. ULLRICH, OF NEW HAMPSHIRE THE FOLLOWING–NAMED MEMBERS OF THE FOREIGN COURTNEY ELWOOD, OF VIRGINIA, TO BE GENERAL MARTIN A. VAUGHAN, OF IDAHO SERVICE OF THE UNITED STATES AGENCY FOR INTER- COUNSEL OF THE CENTRAL INTELLIGENCE AGENCY.

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