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

Vol. 162 WASHINGTON, THURSDAY, JUNE 9, 2016 No. 91 Senate The Senate met at 9:30 a.m. and was I pledge allegiance to the Flag of the adopted. This tradition is an essential called to order by the President pro United States of America, and to the Repub- part of the American character, and tempore (Mr. HATCH). lic for which it stands, one nation under God, having Steve Berger here to help us indivisible, with liberty and justice for all. f celebrate that essential part of the The PRESIDING OFFICER (Mr. American character is a very special PRAYER HELLER). The Senator from Tennessee. moment for me as well as for Senator The PRESIDENT pro tempore. To- f CORKER. day’s opening prayer will be offered by f Steve Berger, pastor of Grace Chapel in WELCOMING THE GUEST Leiper’s Fork, TN. CHAPLAIN RECOGNITION OF THE MAJORITY The guest Chaplain offered the fol- Mr. CORKER. Mr. President, I rise to LEADER lowing prayer: speak of Pastor Steve Berger. It moves The PRESIDING OFFICER. The ma- Let us pray together. me to hear his voice echoing through- jority leader is recognized. Almighty God, King of Creation and out this Chamber. He is one of the pre- f Ruler of the Universe, we thank You eminent spiritual leaders in our Na- for Your undeniably sovereign, mer- tion. He prays daily with his wife NATIONAL DEFENSE ciful, and benevolent hand in the form- Sarah, who happens to be in the Cham- AUTHORIZATION BILL ing, leading, and blessing of these ber. Mr. MCCONNELL. Mr. President, United States. He prays daily for our Nation. There President Obama’s approach to na- Father, thank You for revealing Your is a purity of his mission in leading a tional security policy began with un- will and Your ways to this Nation and church that is making a difference in workable ideas on the campaign trail, its leaders through Your sacred, Holy our State, and I think making a dif- and it has been marked by some con- Word. ference in our country, leading efforts sistent themes, like inflexible commit- We pray, therefore, that we would be not only here but around the world to ments to drawing down our conven- united in doing what is good in Your bring people together, and I am so tional military posture from across the sight, and what You require of us, to do thrilled this Chamber and the people of globe, like an excessive reliance on justly, to love mercy, and to walk our country are able to witness some- international organizations, like a humbly with our God. Father, may our leaders and our Na- one who I believe to be one of the tendency toward the use of Special Op- tion also walk in the faith of Abraham, greatest spiritual leaders in our Na- erations forces to train and equip units the integrity of Moses, the wisdom of tion. in other countries. Solomon, the courage of the Prophets, I only hope more people would be What do we see as we look back now and the self-sacrificing love and com- able to hear from him. Truly, it is a at the twilight of his Presidency? We passion of Jesus. very moving moment for me to have a have seen increased instability in O God, when we fail to walk in Your friend like Steve Berger, who means so places such as Iraq, Afghanistan, and ways, and sin against You and one an- much to our State and country, before Yemen. We have seen the evolution of other, may we be quick to humble our- us. I thank him for his willingness to Al Qaeda in Iraq into ISIL and its ex- selves and pray, to seek Your face, to do this. pansion into Libya, Syria, and the turn from our wicked ways, that You The PRESIDING OFFICER. The Sen- Sinai. might hear from Heaven, forgive our ator from Tennessee. In just a few short months, the next sin, and heal our land. Mr. ALEXANDER. Mr. President, I Commander in Chief, regardless of Remember mercy, O God, and revive welcome Steve Berger and thank Sen- party, will be faced with the con- us in Your ways, that this Nation ator CORKER for arranging for him to sequences of the President’s failed for- might be blessed for generations to be here today. Steve is, indeed, one of eign policy and will need to adapt an come. our most distinguished Tennesseans. insufficient defense modernization pro- We ask all these things through the We welcome his family and some of his gram to tackle both the challenges Name of Jesus and by the power of the friends who are with us in the Gallery. posed by terrorism and by adversaries Holy Spirit. Amen. Chaplain Barry Black has reminded like China, Russia, and Iran. f us that this tradition of opening the This is why we need to use the re- Senate with a prayer has been with us maining months of this administration PLEDGE OF ALLEGIANCE since the Senate began, and the Senate to help prepare the next administra- The President pro tempore led the has had a Chaplain before the First tion, regardless of party, to deal with Pledge of Allegiance, as follows: Amendment to our Constitution was the news it is about to inherit. That is

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

S3667

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VerDate Sep 11 2014 01:45 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.000 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3668 CONGRESSIONAL RECORD — SENATE June 9, 2016 what we are doing on the floor right tagon and the middle class, and avoid RESERVATION OF LEADER TIME now. The Defense bill before us will poison-pill riders. The PRESIDING OFFICER. Under modernize our military and provide our Today, we vote on Senator MCCAIN’s the previous order, the leadership time troops with more of the tools they need amendment to add $18 billion in Pen- is reserved. to confront the threats we face. It will tagon spending beyond what Congress f help prepare the next Commander in agreed to in last year’s bipartisan Chief to confront the complex chal- agreement. In response, Senator REED NATIONAL DEFENSE AUTHORIZA- lenges of today and of tomorrow. It is of Rhode Island and Senator MIKULSKI TION ACT FOR FISCAL YEAR 2017 serious policy—policy that will keep of Maryland have offered an amend- The PRESIDING OFFICER. Under our country safe, and after years of ment that would add security and the previous order, the Senate will re- this administration’s spin and failures, other funding in America to maintain sume consideration of S. 2943, which that is what our people deserve. the parity to which both parties agreed the clerk will report. f in the budget law passed last year. The legislative clerk read as follows: RECOGNITION OF THE MINORITY Our amendment would increase fund- A bill (S. 2943) to authorize appropriations LEADER ing to combat Zika. By the way, we for fiscal year 2017 for military activities of had a briefing yesterday by the head of the Department of Defense, for military con- The PRESIDING OFFICER. The the Centers for Disease Control. The struction, and for defense activities of the Democratic leader is recognized. man who is in charge of NIH, with this Department of Energy, to prescribe military f personnel strengths for such fiscal year, and terrible virus that is sweeping this part for other purposes. PARITY IN THE BUDGET of the world, told us they are desperate for money. They are desperate for Pending: Mr. REID. Mr. President, I just left money to do their research to prepare McCain amendment No. 4229, to address my ‘‘Welcome to Washington,’’ which I vaccines. unfunded priorities of the Armed Forces. have been having for many years. I had Reed/Mikulski amendment No. 4549 (to about 85 people from , my con- Our amendment would also increase amendment No. 4229), to authorize parity for stituents—our constituents—and they money for local police to fight the defense and nondefense spending pursuant to asked me what I had done in the Sen- opioid scourge, to improve our infra- the Bipartisan Budget Act of 2015. ate that I remember. So I told them a structure around the country, and to Mr. REID. Mr. President, is the time few things. They also asked me if I do something about the money that automatically divided? have a regret, and I do. has never been provided to take care of The PRESIDING OFFICER. It is not. It takes a lot of gall for my friend the devastation that hit Flint, MI, Mr. REID. I suggest the absence of a the Republican leader to talk about with the lead in the water. The secu- quorum and ask that the time be di- foreign policy. My biggest regret is rity of our great country depends on vided equally between the majority and having voted for the Iraq war. I was more than bombs and bullets. I support minority. misled, as a number of people were, but the military. I have my entire career. I The PRESIDING OFFICER. The time it didn’t take me long to figure that know how gallantly they fight. is not generally divided. out. So I became convinced it was a In my ‘‘Welcome to Washington’’ Mr. REID. Oh, it is not divided. mistake, and I spoke out loud and today, there was a young cadet there. I I suggest the absence of a quorum. clear. brought him up first thing to show him The PRESIDING OFFICER. The Why was it a mistake? It was the off. This young man is one of the finest clerk will call the roll. worst foreign policy decision made in students in America. He could have The legislative clerk proceeded to the history of our country. That inva- gone to school anyplace. Not only was call the roll. sion has caused the death of—no one he a good student, he was a good ath- Mr. BLUNT. Mr. President, I ask knows for sure but about one-half mil- lete. He chose the Military Academy. unanimous consent that the order for lion Iraqis—500,000 dead men, women, He believes in serving his country. the quorum call be rescinded. and children. At this stage, because of I do everything I can to support the The PRESIDING OFFICER (Mr. the invasion, we have now complete in- military, but our security depends on ROUNDS). Without objection, it is so or- stability in Syria. About 300,000 are more than bombs and bullets. It de- dered. dead there. Millions have been dis- pends on the FBI, Homeland Security, 72ND ANNIVERSARY OF D-DAY placed, driven into Europe and other Drug Enforcement Administration, and Mr. BLUNT. Mr. President, this places. Iran is stronger than they these many other myriad things that week, as we are debating the National would have been but for the war. The take place in our country that need our Defense Authorization Act, we also cel- whole Middle East is destabilized. attention. ebrate the 72nd anniversary of D-day. When President Bush took office, be- If Republicans pass this amendment On June 6, 1944, more than 160,000 allied cause of the work done in the Clinton of Senator MCCAIN’s to block a similar troops, including 70,000 brave Ameri- administration, we had a balanced increase for the middle class—Senator cans, did something that no one had budget. Can you imagine that? A bal- REED’s and Senator MIKULSKI’s amend- ever tried before—a cross-channel land- anced budget. We were spending less ment—they will have a broken budget ing the size and scope of which had than we were taking in as a country. agreement, and they will grind the De- never been envisioned as a reality by When Bush took office, we had a sur- fense appropriations bill to a halt. We warriors. These brave soldiers stormed plus of, over 10 years, $7 trillion. Where have put everyone on notice. We have the beaches of Normandy. is that money now? It has been used done it before, but let me reiterate. If I had an opportunity a few years ago with a credit card—a credit card that they break the budget agreement with to visit the Normandy American Ceme- paid for two wars. I repeat, unpaid for the McCain amendment, the Repub- tery and Memorial. I walked through and tax cuts unpaid for. We are now up- licans will be stopping the appropria- the cemetery with a Belgian guide who side down. tions process on the Defense appropria- had a great appreciation for everything So for my friend to talk about failed tions bill. We will not get to the appro- our American soldiers had done to try foreign policy takes a tremendous priations bill. That is not a threat. It is to bring freedom to Europe again. By amount of mental gymnastics. We have a fact. the way, later that summer he visited been clear from the start, enough on The solution this year is the same as the National World War I Memorial in the war in Iraq. It is a disaster that last year’s: stick by the budget agree- City, MO. We talked about the will be written about for centuries be- ment and give fair treatment to the cemetery. One of my sons and one of cause the full impact of it is not over Pentagon and nondefense spending. my grandsons were with us, and they yet. We have been clear from the start They should be on equal grounds. had a chance to identify two brothers of this Congress, the appropriations Mr. President, I see no one on the buried side by side and a father and son process needs to stick to last year’s floor. I yield the floor and ask the who were buried side by side. These budget agreement. It is the law, which Chair to announce the business of the Missourians had given their life on D- maintains parity between the Pen- day. day.

VerDate Sep 11 2014 01:45 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.001 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3669 Our guide sat us down on this low President signs it, for the first time According to the Director of National wall with the English Channel behind ever it will allow families—without , nearly one-third of terror- us where the Atlantic Ocean flows in being questioned in any detail beyond ists who have been released from Guan- and out and with the 8,000 or so graves whether they meet the conditions of tanamo are either confirmed or sus- in front of us. He then opened up his the Military Families Stability Act— pected to be rejoining the fight, and computer, and there was a picture of to go ahead and move so the kids can those were supposedly the detainees General Eisenhower and Walter start school on time, or whatever the who could be released. They were sup- Cronkite sitting in exactly the same case may be, and the servicemember posedly the least dangerous of the de- place 20 years after the D-day landing, would stay or a family could stay a lit- tainees. The people who are there now June 6, 1964. Former President Eisen- tle longer so that their spouse can are clearly understood to be the most hower said something like this: You complete any career obligations they dangerous, the most likely to be back know, Walter, my son graduated from may have so they can continue to do in the fight, and the most likely to in- West Point on D-day, and many times what they do. Too many of our mili- spire others to be in the fight. over the last 20 years, I thought about tary spouses are unemployed and don’t The number of detainees released the family that he and his wife have want to be or underemployed and don’t under the Obama administration who had a chance to raise and the experi- want to be because their careers are were suspected of engaging in ter- ences they shared, and I thought about constantly impacted, and the cost of rorism has doubled since July of 2015 these young men who didn’t have those maintaining two residences that those according to the Director of National 20 years because of what they were families now have to bear really makes Intelligence. The President of the asked to do. no sense at all. This bill allows us to United States supports and appoints To hear those words spoken by the move forward on that issue. the Director of National Intelligence. person who was ultimately the one who The men and women of the Armed This is not some outside person sug- asked these brave soldiers to do what Forces, as well as the civilians and con- gesting things that the Obama admin- they did showed the responsibility he tractors who support them, work every istration wouldn’t want to hear. This is felt 20 years later for the many lives day to meet the challenge. They have their Director of National Intelligence that were lost and those bodies that faced more than 15 years of active mili- and ours. What we need is a President were brought back to the United tary engagements and have made all who has a real plan to defeat terrorism, States. That Normandy cemetery kinds of sacrifices so we can continue and while this bill can’t ensure that, doesn’t even begin to reflect the lives to have the freedoms that we have. this bill does provide the tools to de- that were lost. It really made me think The bill before us also enhances the feat current terrorists in the Middle when he said: Many times over the last capability of the military and security East and continue to secure our lib- 20 years, I thought about these young forces of allied and friendly nations to erty. men and the lives they didn’t get to defeat ISIL, Al Qaeda, and other vio- The No. 1 job of the Federal Govern- have because of what they were asked lent extremist organizations so they ment is to defend the country. The No. to do. are no longer a threat to us. This bill 1 job of those of us in the Congress is to We have debated this bill for over 50 ensures that our men and women in be sure that those who defend the years now, and we have passed this bill uniform have the advanced equipment country have what they need to defend every single year. Every time we de- they need to succeed in any future the country and to ensure that those bate this bill, we should think of what combats. The bill reduces strategic who have served have every commit- those who defend us are asked to do. risk to the Nation and our military ment that has been made to them ful- We should think about men and women servicemembers by prioritizing the res- filled, and then some. who are carrying on the legacy of that toration of the military’s readiness so It is time to pass this bill for the 55th generation of D-day and World War II they are able to conduct the full range straight year. We need to do what we and Vietnam and Korea and wars be- of all of its activities. We need training should do for those who serve and pro- fore that and after and the obligation dollars, training time, and airplanes tect us. we have to be sure that they have that are younger than the pilots who I suggest the absence of a quorum. every possible advantage in any fight. fly them, and this legislation continues The PRESIDING OFFICER. The Frankly, we never want to see Ameri- to move forward in that area. clerk will call the roll. cans in a fair fight; we want it to be an It also continues with comprehensive The legislative clerk proceeded to unfair fight. We want those who defend reform for the Defense Acquisition Sys- call the roll. us to have the best weapons, best train- tem that is designed to drive more in- Mr. MCCAIN. Mr. President, I ask ing, best support, and the best of every- novation and ensure more account- unanimous consent that the order for thing so they have every possible ad- ability to not take more time than it the quorum call be rescinded. vantage when they do what they are needs to take, but to be sure that ev- The PRESIDING OFFICER. Without asked to do. erything is being done with the inter- objection, it is so ordered. This bill came out of committee with est of the taxpayers and the security of The Senator from Arizona. three ‘‘no’’ votes. It has strong bipar- the country in mind. Mr. MCCAIN. Mr. President, I ask tisan support. It is time to get this Finally, this bill puts the Senate on unanimous consent to be permitted to work done just as the Senate has done record again against the President’s engage in a colloquy with the Senator for 54 straight years. This will be the plan to remove terrorist detainees held from South Carolina. 55th year. at Guantanamo Bay. We apparently The PRESIDING OFFICER. Without I am particularly glad that this bill need to continue to do this over and objection, it is so ordered. takes new steps toward recognizing the over again because somebody is just AMENDMENT NO. 4229 sacrifice we ask military families to not getting it. Mr. MCCAIN. Mr. President, we will make. GEN Ray Odierno, the imme- There was a front page article, I be- have a vote around 11:30 a.m. on my diate last Chief of Staff of the Army, lieve in the Washington Post this amendment that would increase fund- said that the strength of a country is morning, about the absolute certainty ing under OCO to address the con- its military and the strength of the that people who are freed from Guanta- sequences of an $18 billion shortfall military is its families. namo Bay over and over again reenter from last year. All the reports we hear This legislation includes language the fight and kill and our from the military are that sequestra- that Senator GILLIBRAND and I intro- allies. The people who are there now tion is killing them. The mismatch of duced last fall which, for the first time need to be kept there. The Obama ad- what we are now seeing in the world as ever, would give families more flexi- ministration itself admitted earlier compared with a continued $150 billion bility if there is a job or educational this year that Americans have been less than fiscal year 2011 is putting the opportunity for a spouse. Many times, killed by terrorists from Guantanamo. lives of the men and women who are military families are asked to move a By the way, that admission came just serving this Nation in danger. little quicker or stay a little longer. If days before another dozen inmates I am told there will be a lot of people our language is in the final bill and the were transferred out of Guantanamo. who will vote against this increase to

VerDate Sep 11 2014 01:45 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.003 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3670 CONGRESSIONAL RECORD — SENATE June 9, 2016 bring it up just to last year’s number— said about the current state of readi- Nation; we are on track by 2021 to an increase of $18 billion. I say to my ness: ‘‘Our aviation units are currently spend 2.3 percent of GDP. colleagues: If you vote no on this unable to meet our training and mis- I want to say this: In my view, this is amendment, the consequences will be sion requirements, primarily due to an emergency. I want you to go back on your conscience. If you ask any Ready Basic Aircraft shortfalls.’’ home and explain to those who are leader in uniform today, they will tell I can tell you that in the Marine busting their ass to fight this war, who you that the lives of the men and Corps today, 70 percent of the F–18s can’t fly equipment because it is too women who are serving this Nation in have a problem meeting combat status. dangerous, who are having to can- uniform are at risk. I think we have a I can tell you today that the Army is nibalize planes to keep some planes in greater obligation, and that is the men stretched unlike any time I have ever the air, who are stretched so thin that and women who are serving in the mili- seen. I can tell you today that the it is creating high risk. tary. Navy is robbing Peter to pay Paul to Here is what the Chief of Staff of the The Chief of Staff of the United keep the ships on the ocean, and with Army said: ‘‘I characterize us at this States Army said: We are putting the the numbers we have in terms of de- current state at high military risk.’’ lives of the men and women serving in fense spending, they are having to This is the Chief of Staff of the Army uniform at greater risk. That didn’t forgo modernization to deal with readi- telling all of us that the Army is in a come from JOHN MCCAIN or LINDSEY ness, to deal with the ability to fight high state of risk because of budget GRAHAM. Talk to any military leader in the war. I can tell you that the Com- cuts. uniform, and they will tell you that se- mandant of the Marine Corps is going This $18 billion will restore money questration is killing them. Planes to take six B–22s out of Spain that are that has been taken out. That will can’t fly; parts of the military can’t used to rescue consulates and embas- have a beneficial effect now and is ab- train and equip. Only two of our bri- sies that come under attack in Africa solutely essential. It will give us 15,000 gade combat teams are fully ready to because we need those planes to train more people in the Army. And if you fight. Look at the world in 2011 when pilots, and if we don’t bring back those are in the Army, you would like to we started this idiotic sequestration planes, we are not going to have an air- have some more colleagues because and look at the world today. worthy B–22 force at a time when we you have been going back and forth, back and forth. So we need more people My colleague serves on the Armed need it. Services Committee and spent about 33 We are creating a hole and a vacuum in the Army, not less. We need 3,000 more marines. If any- years as a member of the United States in our ability to protect our diplomats body has borne the burden of this war, military and has been a regular visitor and U.S. citizens. it is the U.S. Marine Corps. Here is to Kabul and Baghdad. I think he un- Mr. MCCAIN. May I ask my colleague what I say: Let’s hire more marines. derstands that what we are doing with whether he is aware that, at a hearing, sequestration and voting against this Let’s start listening to what is going General Milley, the Chief of Staff of on in the military. amendment, in my view, is putting the the U.S. Army, testified that the Army lives of the men and women who are The whole theory of this amendment risked not having ready forces avail- is that we have let this deteriorate to serving in danger. Have no doubt about able to provide flexible options to our it. There will be further attacks in Eu- the point that we have an emergency national leadership and, most impor- situation where we are putting our rope, and there will be further attacks tantly, risked incurring significantly in the United States of America. We men and women’s lives at risk because increased U.S. casualties. they don’t have the equipment they won’t be ready, and the responsibility I say to my colleagues who are going for it will be on those who vote no on need and the training opportunities to vote against this, you are taking on they deserve to fight the war that we this amendment. a heavy burden of responsibility of in- I recognize my colleague. can’t afford to lose, and you are going curring significantly increased U.S. to vote no because you are worried Mr. GRAHAM. I thank the Senator. casualties in case of an emergency. The Here is the issue: To those who are a about budget caps. military is not ready. We are at $100 slave to these sequestration caps, to Oh, we love the military. Everybody billion less than we were in 2011 when those who believe sequestration and loves the military. Well, your love sequestration began, and the world has this budget practice we are involved doesn’t help them. Your love doesn’t changed dramatically. with is going to save the country, boy, buy a damn thing. If you love these I can’t tell you my disappointment to I couldn’t disagree with you more. We men and women, you will adequately hear that the chairman of the Appro- haven’t moved the debt needle at all. fund their needs. If you care about Discretionary spending is not the priations Committee—I don’t know if them and their families, you will ad- reason we are in debt. We are spending my colleague knows this—said he is just the budget so they can fight a war at a 2008 level. So these blind, across- going to vote against it, using some ra- on our behalf. the-board cuts limited to discretionary tionale that they are increasing it by We are up here arguing about every- spending and a lot of programs that are some $7 billion. That is insane. That is thing. The state of politics in America not even subject to sequestration are not only insane, it is irresponsible, and makes me sick. This looks like one not moving the debt needle; they are most importantly, it is out of touch. I thing we can agree on—Libertarians, destroying the ability to defend this say to my colleague and the chairman vegetarians, Republicans, and Demo- country. of the subcommittee, you are out of crats—that those who are fighting this The theory we are advocating here touch with what is going on in the war deserve better than we are giving today is that there is an emergency in world and in the U.S. military. You them. the U.S. military that needs to be ad- better get in touch. So I want to tell you, when you come dressed and we should be able to add Mr. GRAHAM. I will add that any- and vote against this amendment be- money to the U.S. military, the De- body who doesn’t believe there is an cause you are worried about the budget partment of Defense, based on an emer- emergency in the U.S. military is not caps, well, the Budget Committee is gency that is real and not be limited by listening to the U.S. military and has not going to fight this war. caps that are insane. not been the consequences of To my friends at Heritage Action, I Here is the issue: Is there an emer- what we have done over the last 5 or 6 agree with you a lot. You are saying gency in terms of readiness? Is there an years in terms of cuts to the military. this is a bad vote. Nobody at Heritage emergency in terms of operations and Over the last 7 or 8 years, we cut $1 Action is going to go over to Afghani- maintenance? Are we putting the abil- trillion out of the U.S. military. We are stan, Iraq, Syria, or Libya to protect ity to modernize our force at risk in an on track now to have the smallest this country. emergency situation because we don’t Army since 1940, the smallest Navy You talk about a head-in-the-sand have enough money to fight the wars since 1915, and the smallest Air Force Congress. You talk about people who we are in and modernize the force for in modern times. We are on track to are not listening, who are so worried the wars to come? spend half of what we normally spend about special interest groups and con- If you don’t believe us, here is what in time of war. Normally we spend cepts that have absolutely no basis in the Commandant of the Marine Corps about 4.5 percent of GDP to defend this reality.

VerDate Sep 11 2014 01:45 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.004 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3671 If you fully implement sequestration, places, whether it be Iraq, Syria, recognize the mistakes of the past 5 all you will do is gut the military and Libya, the European Reassurance Ini- years in creating this danger. This is a some nondefense programs that really tiative. Every time you turn around, reality. This is the reality our soldiers, matter to us. You won’t change the there is more deployment—more de- sailors, airmen, and marines are facing. debt at all. So don’t go around telling ployments in the Far East and the So I say it doesn’t have to be this way. people you are getting us to a balanced Asian-Pacific regions. Every time you It doesn’t have to be this way. And if budget. You are not. The money is in turn around, there are more obliga- you vote no, as my colleague from entitlements, and we are not doing a tions that we ask of the military, al- South Carolina said, don’t say you are damn thing about it. beit incrementally. Yet we are going to in favor of the military. Don’t be that Ryan-Murray added some money, and cut the funding while we increase the hypocritical. Just say that you are I want to thank him, but it wasn’t commitments we have. So you would continuing to put the lives of these enough. I want to thank the appropri- be voting in favor of cutting more sol- men and women who are serving in the ators for adding $7 billion, but it is not diers and marines at a time when the military, in the words of the Chief of nearly enough. The $18 billion that is operational requirements of our Na- Staff of the U.S. Army, ‘‘in greater in this amendment goes to buy air- tion’s land forces are growing. danger.’’ That is your responsibility. planes—14 F–18s, 5 F–35s, 2 F–35Bs. Voting no would be a vote in favor of But just don’t say—don’t go home and There is $200 million to help the continuing to shrink the number of air- say how much you appreciate the men Israelis with their missile defense pro- craft that are available to the Air and women in the military, because gram. Force, Navy, and Marine Corps at a when you vote no, you are depriving What this buys is more people, more time when they are already too small them of the ability to defend this Na- equipment, more training opportuni- to perform their current missions and tion and themselves. ties at a time when we need all of the are being forced to cannibalize. I yield the floor. above. It breaks the cap because we are We have people who are having to go Mr. DURBIN. Mr. President, I rise in in an emergency situation. These caps to the boneyard in Tucson, AZ, and opposition to the amendment proposed are straining our ability to defend this take parts from planes that haven’t by the senior Senator from Arizona. Nation. I hate what we have done to been operational for years. That is how What it comes down to is that Repub- the military. This is a small step for- bad the system has become thanks to licans and Democrats have fundamen- ward. This is not nearly what we need, sequestration. Our maintainers—these tally different approaches to providing but this $18 billion will provide some incredible enlisted people—are working for our troops, our national security needed relief to the people who have 16 to 18 hours a day trying to keep agencies, and our government. been fighting this war for 15 years. these planes in the air. Democrats are committed providing I hope and pray that you will start When an Air Force squadron came the funds necessary to protect our Na- listening to those we put in charge of back, of their 20 airplanes, 6 were tion, grow our economy, invest in re- our military and respond to their flyable. search, and shelter the most vulner- needs, and this is a small step in the There was a piece on FOX News the able. Republicans have a different ap- right direction. other day about how, down in Beaufort, proach. They accept massive cuts to al- If we say no to this amendment, God SC, the F–18 squadron—they are having most every agency and only provide de- help us all. And you own it. You own to have a plane in the hangar that they fense funding through an accounting the state of high risk. If you vote no, can take parts from so that they can trick which the Defense Department’s then as far as I am concerned, you bet- keep other planes flying. They are ex- own leadership has rejected as inad- ter never say ‘‘I love the military’’ hausted. They are exhausted, these equate. anymore because if you really loved young marines. And by the way, don’t This is a debate about how best to them, you would do something about think they are going to stay in when protect our national security. And my it. they are subjected to this kind of work Republican colleagues are on the wrong Mr. MCCAIN. I also point out to my environment. side of it. colleague that, as a sign of priorities Voting no would be a vote in favor of Senate Democrats are committed to around this place, yesterday we had a shrinking the number of aircraft. They defeating ISIS on the ground in Iraq vote on medical research—nearly $1 are too small, and their current mis- and Syria, dismantling its terror net- billion that had nothing to do with the sions are being forced to cannibalize work, and protecting our homeland. military but was a place where the their own fleets. The only way we can do that is by sup- Willy Sutton syndrome took place, and Voting no would be a vote in favor of porting budget relief for all of our na- it was a 5-percent increase. The appro- letting arbitrary budget caps set the tional security agencies, including priators could increase by 5 percent timeline for our mission in Afghani- Homeland Security, the FBI, and many medical research which has nothing to stan instead of giving our troops and others. Republicans haven’t been will- do with the military, but they won’t our Afghan partners a fighting chance ing to do that so we must figure out add money that the military could use at victory. how to allocate funding with the exist- to defend this Nation. There is no Voting no is a vote in favor of con- ing budget agreement. greater example of the priorities tinuing to ask our men and women in The amendment offered by the chair- around this place. uniform to perform more and more man of the Armed Services Committee I see my colleagues are waiting. I tasks with inadequate readiness, inad- is a return to gridlock. Last year’s at- just want to point out what voting no equate equipment, inadequate numbers tempt to provide only the Defense De- means. of people, and unacceptable levels of partment with additional OCO funds Voting no would be a vote in favor of risk in the missions themselves. It is resulted in a stalemate and a 3-month another year where the pay for our unfair to them. It is wrong. It is wrong. long continuing resolution. Do we have troops doesn’t keep pace with inflation For the sake of the men and women to repeat this failed strategy again? or private sector advocates. For the in the military who put their lives on The answer is no. The chairman of fourth year in a row, the military will the line as we seek to defend this Na- the Appropriations Committee and I receive less of a pay raise than the rate tion, I hope my colleagues on both took a different approach in drafting of inflation. If you vote no, that is sides of the aisle will make the right the Defense appropriations bill: no poi- what you are doing. choice. For 5 years we have let politics, son pill riders, stick to the budget deal, If you vote no, it would be a vote in not strategy, determine what resources eliminate wasteful spending proposals, favor of cutting more soldiers and more we give our military servicemembers. and reinvest in our priorities. U.S. marines at a time when the oper- Our military commanders have warned If you compare the results in the De- ational requirements for our Nation’s us that we risk sending young Ameri- fense appropriations bill to the amend- land forces for the Middle East, Africa, cans into a conflict for which they are ment proposed by the chairman of the Europe, and Asia are growing. Every not prepared. Armed Services Committee, here is time you turn around, you will see that I know that the vast majority of my what you will find: His proposal vio- there are more troops deployed in more colleagues on both sides of the aisle lates last year’s budget deal with $18

VerDate Sep 11 2014 01:45 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.006 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3672 CONGRESSIONAL RECORD — SENATE June 9, 2016 billion more in spending. Our bipar- Nation, including cyber security, The legislation to reauthorize was car- tisan Defense appropriations bill in- homeland security, and local law en- ried by the Senator from North Da- vests $15 billion in important programs forcement, the FBI, and TSA. kota, as well as Senators CANTWELL while adhering to the deal. We also should support critical issues and MURRAY, after Republican obstruc- The pending amendment relies on an like the opioid epidemic, water infra- tion caused it to lapse for the first OCO gimmick to authorize increases structure, the Zika outbreak, and re- time in its 80-year history. for Israeli missile defense programs. search across the Federal Government What a shame it was that it lapsed. However, every cent requested by the among other items. The Ex-Im Bank is one of the key tools Israeli Government, all $600.9 million, I urge my colleagues to support in our toolbox for supporting and grow- is funded in the Defense appropriations Ranking Member REED’s amendment. ing manufacturing jobs across the bill without using OCO funds. The PRESIDING OFFICER. The Sen- country. We talk about increasing This amendment authorizes OCO ator from North Dakota. good-paying manufacturing jobs. Both funding for a littoral combat ship and UNANIMOUS CONSENT REQUEST—PRESIDENTIAL sides of the aisle do that regularly. a DDG–51 destroyer. This would be the NOMINATION Then, when it comes to supporting the first time that OCO funds would be Ms. HEITKAMP. Mr. President, I ask Ex-Im Bank, they obstruct one of the used to buy ships for the Navy. unanimous consent that the Senate best tools we have. They vote no. Now The appropriations bill goes even fur- proceed to executive session and the they have found a clever way to stop it ther in supporting shipbuilding by pro- Banking Committee be discharged from working, because it won’t have a viding $1 billion for a new icebreaker to from consideration of PN1053, the nom- quorum. support our Arctic strategy, an item ination of Mark McWatters for the The Ex-Im Bank provides necessary not included in the pending amend- Board of Directors at the Export-Im- financing for domestic manufacturers ment. port Bank; that the Senate proceed to to compete with foreign companies The amendment also adds various its consideration and vote without in- that are heavily subsidized or are aircraft—more F–18s, F–35s, C–130s, hel- tervening action or debate; that if con- owned entirely by their government icopters, and so on—that are also fund- firmed, the motion to reconsider be and simply to have access to their own ed in the Defense appropriations bill considered made and laid upon the domestic import bank. To purposefully without running up the Nation’s OCO table with no intervening action or de- prevent the Ex-Im Bank from being charge card. bate; that no further motions be in able to properly function is like having America unilaterally disarm in the The bottom line is that, in the De- order to the nomination; that any global competition for exports and fense appropriations bill, we were able statements related to the nomination good-paying manufacturing jobs here to fund most of the items in Senator be printed in the RECORD; that the at home. MCCAIN’s OCO gimmick amendment, President be immediately notified of But there are a small band of folks— but we were able to it within the budg- the Senate’s action, and the Senate ideologues—so ideologically opposed to et caps. It wasn’t easy, but we made it then resume legislative session. the Bank that they will do anything to work. The PRESIDING OFFICER. Is there see that it can come to a screeching I would prefer that we find a way to objection? halt. They will use every trick in the increase both defense and nondefense Mr. SHELBY. Mr. President, I object. book to do it. That is what they are funding so we can invest more in all of The PRESIDING OFFICER. Objec- doing now. Opponents of the Bank are the agencies that work together to tion is heard. hamstringing the agency by denying it keep America safe. Ms. HEITKAMP. Mr. President, we the staff it needs to operate. The Reed amendment does exactly would like to engage in a discussion of We are losing $50 million a day in ex- that. It amends last year’s budget deal what this means to American workers, ports. Some of these come from my to include $18 billion more for defense to American exports, and to American home State of New York. We have not and $18 billion more for important non- manufacturing. I think we have worked only GE, which makes turbines, a large defense programs. very, very hard over the last several percentage of which are exported. They The Reed amendment includes $2 bil- months to try and move this nomina- are losing business to Siemens and lion more to address cyber security tion forward. We fought this fight. other foreign companies. vulnerabilities to stop the type of at- Many appearing with me today fought We have lost some little companies tacks that resulted in the theft of mil- this fight, whether it was on TPA or that depend even more on the Ex-Im lions of personnel records from the Of- whether it was just simply trying to Bank because it gives them the ability fice of Personnel Management. It in- get reauthorization of the Ex-Im Bank to find markets overseas. So I don’t cludes $1.4 billion for more law enforce- advanced and furthered. want to hear my colleagues on the ment efforts, including more security We won this fight. Today we are los- other side of the aisle talk about how screeners at airports, more FBI agents ing the fight again by this restriction, they care about jobs, how they care and police officers on the street, and by this inability to move this nomina- about building America and building more grants to State and local first re- tion forward. So we want to talk about our exports, as long as they continue to sponders. this today. I am going to yield to sev- play this trick and hamstring the Ex- The Reed amendment addresses pub- eral of my colleagues here for their Im Bank from functioning. Mr. Presi- lic health emergencies, including $1.9 short comments. We will start with dent, as I said, I rise today to support billion for the response to Zika. It also Senator SCHUMER who has a commit- my friend and colleague the Senator provides $1.9 billion to fix our broken ment with the Judiciary Committee. from North Dakota and echo her com- water infrastructure, which would help Mr. SCHUMER. Mr. President, I want ments: We should have a full com- ensure we don’t face another lead con- to thank my dear friend, the Senator plement of Board members at the Ex- taminated water crisis like what hap- from North Dakota, for her leadership Im Bank, and at the very least they pened Flint, MI. on this issue, as well as our two great must have enough to reach a quorum Finally, the Reed amendment in- Senators from the State of Wash- and continue to conduct its business. cludes $3.2 billion in funding to address ington, MARIA CANTWELL and PATTY I also want to thank her for her tire- infrastructure problems at VA hos- MURRAY. less efforts to get the Export-Import pitals, fix our roads and bridges, and I support my colleague from North Bank reauthorized last year. The legis- invest in our rail and transit systems. Dakota and echo her comments. We lation to reauthorize the bank was car- Last year, Congress voted to provide should have a full complement of ried by the Senator from North Dakota fair and balanced relief to our Defense Board members at the Ex-Im Bank and, and several other colleagues of ours, and our nondefense agencies. The Reed at the very least, they must have like Senators CANTWELL and MURRAY, amendment is consistent with that enough to reach a quorum and con- after Republican obstruction caused it agreement, and it deserves our support. tinue to conduct its business. I also to lapse for the first time in its 80-year In conclusion, we should be sup- want to thank my three colleagues who history. porting all of our national security are here for their tireless efforts to get And it was a shame that it ever agencies as they work to protect this the Ex-Im Bank reauthorized last year. lapsed.

VerDate Sep 11 2014 03:27 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.087 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3673 The Ex-Im Bank is one of the key But the fact of the matter is the for manufactured U.S. products to be tools in our toolbox for supporting and Bank exists. The full Senate voted to sold in overseas markets. growing manufacturing jobs across the reauthorize it. And it is our jobs as leg- Why is manufacturing so important? country. It provides the financing nec- islators to ensure that government Manufacturing is important because it essary for domestic manufacturers to agencies have the staff they need to do pays a decent wage. It allows American compete with foreign companies that the job we ask them to do. workers to go from working class to are heavily subsidized or owned en- The PRESIDING OFFICER. The Sen- middle class. It helps secure jobs in our tirely by their governments or simply ator from Washington. economy that are stable for families have access to their own domestic Ex- Mrs. MURRAY. Mr. President, I am who are sending their kids to school, Im Bank. here today to support the strong state- and because it helps people move up to To purposefully prevent the Ex-Im ment from the Senator from North Da- a better quality of life. Bank from being able to properly func- kota and the strong support for a fully I am competitive in general. I don’t tion is like having America unilater- functioning Export-Import Bank be- want to lose a manufacturing base. But ally disarm in the global competition cause it creates American jobs and I also don’t want to lose a middle class. for exports. helps our businesses, large and small, What has happened is that the conserv- But there is a small band of folks and, in fact, reduces our national debt. ative views of the Heritage Foundation who are so ideologically opposed to the But right now, political posturing has have thwarted the Export-Import bank that they will do anything they handicapped the Ex-Im Bank, one of Bank, and U.S. manufacturers have de- can to see it come to a screeching halt. our countries most reliable tools to in- cided to put their manufacturing over- And they will use every trick in the crease America’s economic competi- seas. Think about it. How long is a book to do it. tiveness in our global economy. company or a business going to put up That is what we are seeing now. In my home State of Washington, with the fact that they don’t have an Opponents of the bank are there are nearly 100 businesses, the ma- export credit agency here in the United hamstringing the agency by denying it jority of them small or medium-sized, States? the staff they need to operate. that used the Bank’s services last year Now, can a big manufacturer get its Right now, the Export-Import Bank to help sell their products overseas. We own credit? Sure it can. Sure, it can go is unable to approve any of the financ- are talking about everything from ap- and get credit. But can you ask it to ing deals over $10 million because the ples to airplane parts, beer, wine, soft- sell in a global market? I will give you Bank only currently has two members ware, medical training supplies, and an example of a manufacturer in our serving on its five-member board. beyond. State, SCAFCO, which sells manufac- This is a problem because the Board The reality is that people in other tured grain silos to many countries in needs at least a quorum of three to ap- countries want American-made prod- South America, in Africa, in Asia, and prove financing for large deals. ucts. That is a great thing because all across the world. Do you think they But the Banking Committee has so these businesses support tens of thou- are going to finance every single deal far refused to even consider a third sands of jobs in our country and keep they do? No, because they have to put nomination to the Board of the Export- our economy moving. money into their manufacturing facili- Import Bank and has given no indica- The Export-Import Bank is the right ties so they can stay competitive, and tion that it even plans to hold a hear- kind of investment because it expands so they can have the best silos being ing on the nomination any time soon. It can’t be because the chairman op- the access of American businesses to produced. So if they limited their business to poses the nominee’s politics or views— emerging foreign markets that create only deals they could finance, they the nominee is a Republican, irony of jobs right here at home. would have very limited business. ironies. The President has put forward Do you know what it costs tax- Think about it. Whom do we make that Mark McWatters, a former staffer for payers? Not a single penny. In fact, the Ex-Im Bank reduces our national debt. requirement of? It is the customer who Republican HENSARLING, the Repub- So here is the bottom line. The Bank is buying the exported product who lican Chairman of House Financial creates jobs. It strengthens our busi- needs the business to get credit. It is Services. The delay on the nomination has nesses. It helps our economy grow from the customer who is out there that nothing to do with the nominee or his the middle out, not just the top down. wants to purchase what are great U.S. qualifications and everything to do So it is time for my colleagues to put products who is having trouble. Think with keeping the Ex-Im Bank from ideology aside, to allow this proven about it. You could be a small African doing its job. program to operate at its full capacity, nation trying to change your economy The delay, as Senator HEITKAMP and to allow a vote that we were denied toward agriculture or you could be a pointed out, has real consequences: today to get the Ex-Im Board operating small Asian country that is trying to 30 major projects in the pipeline val- again because it is critical that the upgrade the quality of life. ued at more than $10B are now mired in Bank continue to receive the strong bi- It could be, just as Prime Minister uncertainty. partisan support we have seen in the Modi said yesterday, that they want to The Peterson Institute estimated past as we work to build on its success. diversify their energy portfolio. Well, that each day the confirmation is de- I yield the floor. guess what? We are holding that up and layed, the US is losing $50 million in The PRESIDING OFFICER. The Sen- not allowing all of those countries to exports. ator from Washington. buy U.S. energy products simply be- This impacts major companies in my Ms. CANTWELL. Mr. President, I cause we refuse to have a working home State of New York like GE, join my colleagues this morning on the board at the export credit agency. How which makes turbines near Schenec- Senate floor in an effort to wake up the ludicrous is that? It is so ludicrous, be- tady and employs over 7,000 folks in Senate to the fact that, without action cause what happens if a U.S. manufac- the Albany area alone. by this body and specifically the Sen- turer—an aerospace manufacturer like GE not only employs thousands of ate Banking Committee, Members are Boeing for example—wants consumers people in my state, it supports an en- literally supporting shipping jobs over- to buy GE engines and make sure that tire supply chain in the capital region. seas. I believe in a manufacturing a South American company purchases So when a contract or sale abroad is economy. I believe in a manufacturing U.S. manufactured Boeing and GE en- not approved or bids are not even economy because so many people in the gines? sought because of the uncertainty sur- State of Washington work in manufac- Well, they can go and purchase Rolls- rounding the Ex-Im Bank, there is a turing and because aerospace is an in- Royce engines instead, and the Euro- real cost to the economy. dustry in which the United States is pean credit agency can fund the deal. I understand there are those on the still a world leader. Now, what has happened? GE has lost other side of the aisle, including the Yet, by not filling the board of the out on deals. Do you think all of those distinguished chairman of the Banking Export-Import Bank we are putting the U.S. manufacturers are going to stay Committee, who oppose the very exist- Bank out of business when we should in the United States if there is no way ence of the Export-Import Bank. be making sure that it can issue credit to have credit financing? No—they are

VerDate Sep 11 2014 03:27 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.004 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3674 CONGRESSIONAL RECORD — SENATE June 9, 2016 going to go where credit financing ex- letter from the Aerospace Industries Bank’s reforms and approves its trans- ists. So, by not moving forward on a Association and the National Defense actions. The long-term reauthorization ap- fully functioning export credit agency Industrial Association, basically say- proved by Congress in 2015 contained risk- in the United States, all you are doing ing you are making it more expensive management provisions that require action or approval from Ex-Im Bank’s Board of Di- is helping to ship jobs overseas. It has for us to do business as a country in de- rectors in order to be implemented, includ- to stop. fense because you also will not allow ing the appointment of a Chief Ethics Officer We make great products in the the export of this product. and the establishment of a Risk Management United States. We are competitive. Our There being no objection, the mate- Committee. The agency cannot implement workforce is skilled. I will be the first rial was ordered to be printed in the those provisions—or consider any other re- to say that we need a more skilled RECORD, as follows: forms—without a quorum. We urge the Sen- ate to move swiftly on the pending nomina- workforce. I am all for providing our AEROSPACE INDUSTRIES ASSOCIA- tion for the Ex-Im Bank’s Board of Direc- workforce with education and skills TION, NATIONAL DEFENSE INDUS- tors. and every resource our country has be- TRIAL ASSOCIATION, Sincerely, cause innovation is our competitive ad- May 17, 2016. DAVID F. MELCHER, Hon. MITCH MCCONNELL, vantage. Lieutenant General, But if we make great products and Senate Majority Leader, U.S. Senate, Wash- ington, DC. USA (Ret.), Presi- then we hamstring the financing of dent & CEO, Aero- those great products—developing coun- Hon. HARRY REID, Senate Minority Leader, U.S. Senate, Wash- space Industries As- tries don’t have the same banking and ington, DC. sociation. financial tools and edge that we have DEAR SENATE MAJORITY LEADER MCCON- CRAIG R. MCKINLEY, in the United States—you are basically NELL, AND SENATE MINORITY LEADER REID: General, USAF (ret), saying: We are not going to sell our On behalf of the American aerospace and de- President & CEO, products. fense industry and our dedicated workforce, NDIA. I am a big proponent of winning in we are writing to urge Senate hearings and Ms. CANTWELL. Mr. President, I am the international marketplace. I am a confirmation on the nomination of J. Mark on the floor with my colleague from big proponent of saying that the mid- McWatters to the Board of Directors for the North Dakota because we feel passion- U.S. Export-Import (Ex-Im) Bank. If his ately about this issue. We are frus- dle class is growing around the globe, nomination is successfully approved, a fully and one of the United States’ biggest functioning bank will play an important role trated with the shenanigans that have economic opportunities is to sell prod- in leveling the playing field for U.S. exports, gone on with the export credit agency. ucts to that middle class outside of the creating new opportunities for U.S. compa- I say ‘‘shenanigans’’ because for a long United States. That rising middle class nies, and strengthening our strategic alli- time people said: Oh, well, there aren’t means they can purchase more U.S. ances throughout the world. the votes. We can’t get this done. We products. Well, they can’t if we don’t Last year, we were heartened to see a bi- don’t have the votes. partisan, bicameral supermajority vote over- Well, when you lift the veil behind have a credit agency that finances ex- whelmingly in favor of long-term reauthor- ports. So why are we down here this ization of the Ex-Im Bank. However, the some very conservative, threatening morning as it relates to the Defense Bank remains effectively inoperable for tactics, there is majority support, in bill that is now being discussed? large-scale export activities. While the Bank both the Senate and the House of Rep- Well, we are here because there are is accepting new applications, the Bank’s resentatives, for this export credit more than $10 billion of deals and Board of Directors must have a quorum to agency. transactions that are in the Export-Im- act on transactions valued at $10 million or Now, one committee is trying to bot- port Bank pipeline. Yesterday, Prime more. In the absence of a quorum, potential tle up a nominee—if he doesn’t like the multi-million dollar export sales of aircraft nominee, come up with a different Minister Modi was here. The Indian and satellites are at risk, hurting not only Government has announced that Wes- major manufacturers, but the small and me- name. Come up with two names. Who tinghouse would finalize contracts with dium-sized companies that support them. cares? But what really is happening is the Nuclear Power Corporation of India The global market is fiercely competitive. that those on the other side of the aisle to build six nuclear reactors by 2030. U.S. manufacturers need fair trade policy are enabling one individual to thwart Well, those deals won’t get done if you measures to level the playing field. Other the biggest manufacturing economic don’t have an export credit agency to countries are aggressively utilizing their Ex- opportunity our country has to secure finance those deals. port Credit Agencies (ECAs) as a tool to ad- manufacturing jobs in the United vance their national trade interests, and The United States Senate is cur- availability of financing (instead of the qual- States of America. Let’s build great rently considering the National De- ity of products) is a key discriminator if we products. Let’s have a credit agency fense Authorization Act. Last month, do not have our own ECA. Our competitors that can finance deals to developing the Aerospace Industries Association also enjoy a greater range of support from nations, and let’s get those countries and the National Defense Industrial their ECAs, including—but not limited to—a buying U.S. products. Why on Earth Association wrote letters to Senate broader scope of programs. are we continuing these shenanigans so leadership urging them to make sure Without the Bank supporting some of somebody can say to the Heritage that we had a functioning bank. They these investment-heavy exports, U.S. indus- trial production will decline, reducing rev- Foundation: I got you one more trophy pointed out that without a quorum, enue, innovation, and high-skilled, high- for your shelf. multimillion-dollar exports of aircraft, wage jobs throughout the aerospace and de- That is not what America is about. satellite, and other things won’t get fense supply chain. The fact that this will America is about competing, suc- done. lead to higher unit costs for the military ceeding, and growing economic oppor- So we just had this little argument systems our armed forces buy seems to be tunity. on the Senate floor about how we are dismissed or ignored. Also, we are only now I thank my colleague from North Da- going to pay for things in the Defense recovering lost capacity and market share in kota for her leadership on the Banking bill and whether we are going to have the commercial satellite market caused by Committee in trying to move this ef- over-restrictive export controls, which had a balance with our other domestic spend- fort forward and all of my colleagues ing. By not supporting and moving for- similar detrimental impact on our national security space industrial base. who care about manufacturing who are ward on the export credit agency, you In addition to supporting U.S. export sales, willing to come to the floor and make are also making defense in the United the Bank is an important foreign policy tool this point. States more expensive. You are making for the U.S. government as it bolsters Amer- Time is running out this session, be- our security more expensive because ican presence and influence abroad. By de- fore the summer recess, for us to get you are not allowing that same tech- veloping closer economic ties to other coun- this done. It is time to get it done. nology—that we have decided meets tries, we enhance not only our economic The PRESIDING OFFICER. The Sen- our export controls, but we are willing power, but also our national security. Coun- ator from North Dakota. because these are partners of ours—to tries which engage in close trading and com- Ms. HEITKAMP. I say thank you to merce with each other increasingly align sell that defense. You are making that around common interests in global stability my colleague from Washington. difficult. and security. Mr. President, the level of frustra- Mr. President, I ask unanimous con- The Board is instrumental to the agency’s tion we have over this issue is unparal- sent to have printed in the RECORD this day-to-day operations, since it manages the leled. We hear platitudes in the Senate.

VerDate Sep 11 2014 03:27 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.009 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3675 They usually start with: We believe in rooms of the Senate—not openly, but say: Because someone told me, I am the will of the people. Let’s do the will in the back rooms—who is running the not going to do it. I am not going to of the people. place and who really believes in trade? support you. I don’t represent you. I Guess what. We had this debate. We Who really believes in manufacturing? represent an ideology here. had the debate about whether we Who really believes in the middle This is a tragedy at so many levels. I should have an entity called the Ex- class? guess I naively thought, when you win, port-Import Bank. We had that debate. I will tell you, my passion on this you win, and when you win by big ma- It was long fought. We shut down the doesn’t just come because I think it is jorities, you ought to win for at least bank for the first time in 60 years. We a horrible trajectory for the future, for more than a day. shut down the bank, stopping exports the future of our American economy, I stand ready to fight this fight. I for the United States of America, cost- my passion on this comes when I hear stand ready to attach and do every- ing jobs in the United States of Amer- stories. These are real. They are not thing I can to either get this nomina- ica. pretend stories. When I hear stories tion or to get a patch or legislation We won that fight, and we didn’t win that ‘‘We are going to take our manu- that will, in fact, provide opportunities it by a little. We didn’t win it by just facturing out of this country.’’ We are for the Bank to function. I will do ev- a margin. We won supermajorities— going to lose jobs, and we are going to erything I can because when I go to bed supermajorities—in the Senate and lose those jobs very quickly. In fact, at night, I don’t think about the Boe- supermajorities in the House. When we when we shut down the Bank, we al- ing and the GE executives. That is not were told the House would never pass a ready lost jobs—but we are going to whom I think about. I think about that stand-alone bill, they passed a stand- lose jobs. person on the factory line who is work- alone bill by 70 percent—70 percent—of Do you know what I think about? Be- ing every day putting food on the table the vote. cause this is where I live. This is where for their children and how this dys- Doesn’t that tell you the people of I am from. I think about that factory function here is costing them their this country should have a vote worker on the floor of that manufac- livelihood and their security. That is a through their elected representatives? turing facility being given a pink slip tragedy we can’t ignore. Today do you know what is stopping and being told his job is going overseas, Mr. President, I yield the floor to my that vote, the will of the people to have her job is going overseas because they colleague from . Mr. DONNELLY. Mr. President, I this entity, beyond all of the argu- have a better business climate. echo the words of my colleague from ments for why this entity is critically Think about that. You have a good job, providing for your family, believ- North Dakota. important? One person—one person, for I have 6.5 million bosses in Indiana. ing you are doing everything right, and whatever reason. These think tanks out here, these This is why people have lost faith because of a simple glitch here, be- other organizations, they are not my with their government. This is why cause of, really, one person, that per- boss. That family who wants to make people don’t believe we can get any- son is getting handed a pink slip. sure there is a paycheck coming into Where is the accountability for that? thing done here anymore—because the house, and all mom and dad wants Where is the accountability to that even though we fight the fight, even is a chance to go to work, they are family? When are we going to learn though we win the fight, we don’t win whom we should be working for—for that it is this disruption in American the fight because we need a quorum at the same people my colleague from the Bank to do any deal over $10 mil- lives that has cost this body and this North Dakota works for in Bismarck, lion. Congress its reputation for no good in Fargo, in Muncie, in Richmond, in We have a nominee. You must say: reason? Maryville, in Lafayette, and all of I wish to close before I turn it over to Well, it must be a raving liberal, right? these suppliers around my State whose my colleagues with just a couple of sta- This nominee? No, it is the Republican jobs are dependent on these export op- tistics because, quite honestly, I get nominee who represented and worked portunities that we are walking away sick and tired of the characterization for one of the most conservative Mem- from by standing against the Export- that this only applies to large facilities bers—in fact, an anti-Export-Import Import Bank. Member of the House of Representa- like Boeing, GE, and Caterpillar. I am Here we are again, on the floor of the tives. That is our nominee. There is tired of that. Let me tell you. In North U.S. Senate, talking about our respon- nothing wrong with this nominee. It is Dakota, we have 16 suppliers. These are sibility to do our job and to consider not our side who is debating the legit- small businesses. These are people who the President’s nominees to important imacy of a Republican nominee. It is have done creative things in an envi- Federal offices. The nominee we are not our side. ronment that you wouldn’t think talking about, Mark McWatters, is a How do we believe in manufacturing, would be successful. They are suppliers Republican nominee for the Board of believe in the American dream, and be- to Boeing. What happens when Boeing Directors for the Export-Import Bank, lieve we can be part of a global econ- cannot do a deal? What happens when and we are all lined up on this side to omy, when 95 percent of all potential Boeing moves their operation some- support him. It is the official export consumers in the world—guess what. place else and the requirement is that credit agency of the United States. It They don’t live here. those parts be manufactured in that helps American companies—so many in If we are going to be competitive, if country? What happens? Guess what. my State of Indiana—create jobs, an we are going to be participating in that Those 16 manufacturers are injured. opportunity, and a chance for people to global economy—which we must—then Those 16 manufacturers have their go to work, put a roof over their kids’ we must be competitive. We cannot be lives disrupted, through no fault of heads, to be able to retire with dignity, competitive without an export credit their own, not because they didn’t and to be able to compete in a global agency. It is just that simple, and we produce a quality product, not because economy. are not going to be competitive. So they didn’t do everything they needed That is what this is about. Every don’t say you are for trade or manufac- to do to be successful. other country you look at has one of turing, when you are not willing to Just last week, the Wall Street Jour- these export-import banks. It is help- take a risk because some ideologue on nal reported that 350 high-paying ing their organizations, their busi- the other side has decided that is a American manufacturing jobs are head- nesses, and their countries compete. black mark. ed to Canada. That is a direct result of Each of us speaking today worked Earlier, Senator MCCAIN made a pas- the last reauthorization back in 2015. I closely with Senator HEITKAMP last sionate plea and Senator LINDSEY GRA- think we can clearly expect many more year to reauthorize the Bank. It was a HAM talked about Heritage. Who is run- of these stories. I would ask my col- strong, overwhelming bipartisan vote ning this place? When the Heritage So- leagues: Who is going to go to that in support of reauthorization. It dem- ciety can stop a deliberation by simply manufacturer or worker? Who is going onstrated the need for this entity that putting a checkmark next to a piece of to talk to the children who now have a helps create American jobs at no cost legislation and when once again we father who no longer has a job or a to taxpayers and, in fact, sends money have this being held up in the back- mother who no longer has a job and back to the Treasury.

VerDate Sep 11 2014 01:45 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.011 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3676 CONGRESSIONAL RECORD — SENATE June 9, 2016 In 2014, the Ex-Im Bank supported ports. In 2013, for half of the financing the American people are essentially 164,000 American jobs. That is 164,000 deals within the Export-Import Bank’s paying into the Federal Government moms and dads who are able to have portfolio, Ex-Im was either unable or because everything they buy—goods dignity, a job, take care of their chil- unwilling to provide any justification and services—becomes more expensive. dren, and be a tremendous credit to whatsoever connected to its mission. They also pay for it in terms of dimin- their community. That is what this is That is $18.8 billion in estimated export ished wages, unemployment, and about; $27.5 billion in exports and it re- value that apparently had no connec- underemployment, but they do pay for turned $675 million to the U.S. Treas- tion to Ex-Im’s mission or, if it did, Ex- it. And they pay for it disproportion- ury. It creates jobs, reduces the deficit, Im didn’t bother to offer that up. ately at the middle and at the low end and spurs economic growth. Despite Many of Ex-Im’s supporters claim the of the economic spectrum in America. widespread support, our inaction here Bank’s main function is to support Unlike our actual tax system—our keeps the Bank from being in oper- small business. That sounds nice, but visible tax system—which is highly ation. In order to approve certain fi- the problem with it is that this claim progressive, our backdoor invisible tax nancing, the Bank needs a minimum of doesn’t stand up to even a modest system—our regulatory system—is three Senate-approved Board members. amount of scrutiny. Look at the insti- highly regressive. Some have esti- We have two. tution’s track record. Only one-half of mated this regulatory compliance McWatters’ nomination has been 1 percent of all small businesses in cost—just complying with Federal reg- pending in the Senate Banking Com- America benefit from Ex-Im financ- ulations—today costs the economy mittee for 5 months. All it takes is a ing—one-half of 1 percent. And even some $2 trillion a year, meaning this vote. Requests to confirm the nominee that tiny figure may well be an over- has multiplied roughly sevenfold just by unanimous consent have been re- estimation, may well overstate the in the last 20 years. jected. case, because Ex-Im uses such a broad If you don’t think that is a signifi- American companies are struggling definition of the term small business. cant impediment to competitiveness in to compete against foreign competitors Confirming this nominee would allow America, I don’t know what is. This is that benefit from currency manipula- Ex-Im to return to its old ways of ap- a problem. And some have estimated tion, illegal trade, intellectual prop- proving massive financing deals for the that each and every American house- erty theft, and other foreign barriers. largest corporations, in coordination hold pays some $15,000 more each year Yet a handful of Senators are making with the largest banks, all with the for goods purchased simply because of life more difficult by not considering backing of American taxpayers. Federal regulations. This hurts com- this nomination. If we are not willing Permanently ending the Export-Im- petitiveness. So do our high tax rates; to stand up for our own companies, for port Bank would be a small but impor- these harm competitiveness. our own workers, then what are we tant and symbolic step toward restor- So I stand with the senior Senator doing? ing fairness to our economy and fair- from Alabama and I support him in his It is disappointing that an important ness to our government. It would prove objection. tool for economic growth isn’t being to the American people that their I thank the Chair. utilized simply because some in the elected representatives in Congress The PRESIDING OFFICER. The Sen- Senate refuse to do our job. The Amer- have the courage to eliminate one of ator from North Dakota. ican people expect better, the Amer- the many Federal programs that foster Ms. HEITKAMP. Mr. President, will ican people deserve better, and the cozy relationships between political the Senator from Utah yield for a ques- workers of this country deserve better. and economic insiders, providing a tion? I yield back the remainder of my breeding ground for cronyism and for Mr. LEE. Yes. time. corruption. So long as this Senate re- Ms. HEITKAMP. Mr. President, I The PRESIDING OFFICER. The Sen- mains unwilling to close Ex-Im, we share my colleague’s concerns about ator from Utah. should, at the very least, make sure it overregulation and the burden of regu- Mr. LEE. Mr. President, what my dis- does not have the ability to further ad- lation. I have been fighting regulation tinguished colleagues from North Da- vance its cronyist agenda. that makes no sense here in Congress, kota and Indiana are proposing is to If you want to talk about harming and so I agree with him. But that is not unleash the Export-Import Bank from competitiveness, let’s talk about that. what we are talking about today. We the constraints under which it cur- If we want to have that discussion, are talking about the Export-Import rently must operate and to begin au- let’s have that discussion now. If you Bank. thorizing transactions above $10 mil- want to know what harms competitive- I would ask my colleague: What per- lion. Between 2007 and 2014, 84 percent ness in America, including and espe- centage of all transactions at the Ex- of the Bank’s subsidy and loan guar- cially the kind of competitiveness that port-Import Bank goes to small busi- antee deals exceeded $10 million—84 has tended to foster the development of ness, as defined by the Bank? percent—and the vast majority of the greatest economy the world has Mr. LEE. Mr. President, as my col- those were given to the wealthiest, ever known—the kind of competitive- league is asking the question, I assume most well-connected businesses in ness that makes it possible, where it she has the answer. America that should have no problem exists, for small businesses to make it Ms. HEITKAMP. I do. at all obtaining financing in the open onto the big stage—let’s look at Fed- Mr. LEE. And I am sure she is pre- market. eral regulations. pared to tell us that. The Export-Import Bank represents Federal regulations are a big deal in Ms. HEITKAMP. Well, obviously, I do so much of what the American people this country. I remember being ap- want to maybe make some points that resent and despise about Washington, palled 20 years ago to learn the Federal are contrary to some of the discussion DC. This is a Great Depression era regulatory system was imposing some that my colleague just had. relic, one that lives on today and has $300 billion a year in corporate compli- Ninety percent of all Ex-Im trans- grown into one of the most treasured ance costs—regulatory compliance actions are with small businesses that relics for favoring banks. It is a favored costs. Those regulatory compliance are under $10 million. The amount of relic for well-heeled lobbyists, big gov- costs might be borne immediately and transactions over $10 million is huge, I ernment, and politically favored busi- initially by big corporations, by small will give you that. But, again, we talk nesses. It is an 82-year-old case study corporations, mostly by businesses, but about the supply chain that goes into in American corporate welfare, and for you know who pays for it? Hard-work- those transactions over $10 million. some reason this Senate continues to ing Americans. In fact, some have de- The Peterson Institute recently esti- support it. scribed this effect as sort of a back- mated the United States is losing $50 Ex-Im has managed to live through door, invisible, and very regressive tax million in exports each day this nomi- more than 30 corruption and fraud in- on the American people. nation is not confirmed. vestigations into its system of doling So when I first learned of this prob- We have had disagreements with the out taxpayer-backed subsidies and loan lem, I started thinking of it this way. Senator from Utah over the Ex-Im guarantees to foreign buyers of U.S. ex- This is an additional $300 billion a year Bank—disagreements we debated when

VerDate Sep 11 2014 01:45 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.012 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3677 we reauthorized the Bank. So I would the floor and out of the committee. The senior assistant legislative clerk ask the Senator from Utah: Why not Let’s have the debate. My colleagues read as follows: move the confirmation of McWatters are using the nomination to reempha- CLOTURE MOTION to the floor so my colleague can have a size and relitigate the Ex-Im Bank. We, the undersigned Senators, in accord- full-throated debate about the Bank? Let’s do it. ance with the provisions of rule XXII of the Why not have a full-throated debate in- In the meantime, let’s appreciate Standing Rules of the Senate, do hereby stead of hiding that nomination in the that, in spite of everything that is move to bring to a close debate on the mo- Banking Committee and using that being said here, we need the Bank to be tion to proceed to Calendar No. 120, H.R. 2578, an act making appropriations for the structure to thwart what in fact a ma- competitive. We need the Bank to jority of both bodies of the Congress Department of Commerce and Justice, make sure that we can, in fact, manu- Science, and Related Agencies for the fiscal and the President have done when they facture in this country. And that is year ending September 30, 2016, and for other reauthorized the Bank? something that gets lost in all the purposes. Mr. LEE. I am grateful to respond to rhetoric. Mitch McConnell, John Cornyn, Mike both points made by my distinguished I think one of the things we have an Crapo, Richard C. Shelby, Richard colleague, the Senator from North Da- obligation to think about is all those Burr, Daniel Coats, Ben Sasse, Roger F. kota. jobs that are going to go someplace Wicker, Thom Tillis, Steve Daines, In the first place, as to the need to else and all those Americans who are Chuck Grassley, Susan M. Collins, have a full-throated debate, I welcome Thad Cochran, James Lankford, Lamar going to stand in the line for unem- Alexander, John Hoeven, Roy Blunt. that. That is exactly what we need. It ployment benefits and who are going to Mr. MCCONNELL. Mr. President, I is what I have been wanting to have for get their pink slips. And who in the a long time. But last year, instead of ask unanimous consent that the man- U.S. Senate wants to line up at the fac- having a full-throated debate specifi- datory quorum call be waived. tory door as they are walking through cally about Ex-Im, we saw Ex-Im at- The PRESIDING OFFICER. Without the last time and shake their hand and tached to a much larger package—a objection, it is so ordered. say: You know, too bad you lost your much larger package that a lot of peo- Mr. MCCONNELL. Mr. President, I job. ple were determined to support, regard- withdraw the motion to proceed. So I yield the floor, and I intend to less of what else was in there. So a lot The PRESIDING OFFICER. The mo- have further debate about the Export- of people voted for that package, re- tion is withdrawn. Import Bank. gardless of how they might feel about Mr. MCCONNELL. I yield the floor. The PRESIDING OFFICER. The Sen- the Export-Import Bank. But as for a f ator from Rhode Island. full-throated debate, yes, that is ex- Mr. REED. Mr. President, I would NATIONAL DEFENSE AUTHORIZA- actly what we need. We would get that note that Senator KLOBUCHAR is here TION ACT FOR FISCAL YEAR if we could actually debate the reau- and she, I believe, wanted to partici- 2017—Continued thorization of Export-Import on its pate in the discussion about the IMF, The PRESIDING OFFICER. The Sen- own merits, as we should have done but we shortly have a vote, and we ator from Rhode Island. last year. We were deprived of that op- portunity, so now we are using every would very much like to proceed. The AMENDMENT NO. 4549 opportunity we can to have a real full- majority leader is here also. Mr. REED. Mr. President, I would throated debate. That is why we are I am prepared to speak now on the like to make some brief remarks with doing this. That is exactly the reason pending Reed amendment that we are respect to the Reed amendment that is we need to do that. going to go to a vote on at 11:15. pending, before our vote. Senator MI- As to the figure the Senator cited Ms. MIKULSKI. We need to talk on KULSKI would like to also, and I note with respect to the percentage of loans the bill. the chairman is here. But I ask unani- going to small business, sure, if one Ms. KLOBUCHAR addressed the mous consent that when I finish my wants to talk about the number of ac- Chair. brief remarks, Senator MIKULSKI be tual loans made, one can make that Mr. REED. Mr. President, I believe I recognized. number look pretty good. But look at have the floor. The PRESIDING OFFICER. Without the number that I think is more sig- The PRESIDING OFFICER. The Sen- objection, it is so ordered. nificant: Only one-half of 1 percent of ator from Rhode Island has the floor. Mr. REED. I thank the Chair. all small businesses in America actu- Mr. REED. I yield the floor to the Mr. President, we have had a very ex- ally benefit from Ex-Im financing. majority leader. tensive and very thoughtful debate That is a pretty significant deal when The PRESIDING OFFICER. The ma- about the underlying amendment by one looks at how much of the lending jority leader. Senator MCCAIN to increase OCO spend- authority in the total dollar amount f ing by $18 billion strictly for Depart- the Export-Import Bank supplies to ment of Defense operations and func- COMMERCE, JUSTICE, SCIENCE, tions, and those are very critical and larger businesses and to businesses, re- AND RELATED AGENCIES APPRO- gardless of their size, that could in fact very important. PRIATIONS ACT, 2016—MOTION TO There have been two principles we obtain financing in the open market. PROCEED Again, we are not back in the Great have followed over the last several Depression anymore. This is a Great Mr. MCCONNELL. Mr. President, I years when it comes to trying to push Depression era relic. So regardless of move to proceed to Calendar No. 120, back the effects of sequestration. what my colleague may think about H.R. 2578. Those principles have been that the se- the Great Depression era dynamics at The PRESIDING OFFICER. The curity of the United States is signifi- play that caused those serving in this clerk will report the motion. cantly affected by the Department of body and the House of Representatives The senior assistant legislative clerk Defense’s operations, but not exclu- in the 1930s to put this program in read as follows: sively. Indeed, there are many func- place, we have other challenges today. Motion to proceed to Calendar No. 120, tions outside the parameters of the De- And many of those challenges are cre- H.R. 2578, a bill making appropriations for partment of Defense that are abso- ated by the government itself—by the the Departments of Commerce and Justice, lutely critical and essential to the pro- government being too big a presence Science, and Related Agencies for the fiscal tection of the American people at year ending September 30, 2016, and for other home and abroad: the FBI, the Depart- within our marketplace, inuring ulti- purposes. mately to the benefit of big business ment of Homeland Security, the CDC. CLOTURE MOTION and harming everyone else. So that has been one of the principles. Ms. HEITKAMP. Mr. President, I see Mr. MCCONNELL. Mr. President, I The other principle we recognize is other colleagues here ready to make send a cloture motion to the desk. that that in lifting these temporary presentations, but I just want to make The PRESIDING OFFICER. The clo- limits, we have to do it on an equal two final points. ture motion having been presented basis. If my colleagues want a full-throated under rule XXII, the Chair directs the What the amendment Senator MIKUL- debate, then move the nomination onto clerk to read the motion. SKI and I have offered does is embrace

VerDate Sep 11 2014 03:27 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.014 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3678 CONGRESSIONAL RECORD — SENATE June 9, 2016 these two principles. We would add an I think what we are proposing makes Yes. additional $18 billion to the chairman’s sense in two fundamental ways. It rec- But aren’t you being squishy? $18 billion. That would encompass the ognizes—as I think everyone does— No, I am not being squishy at all broader view of national security, and that our national security is not exclu- when we talk about the needed non- do so in a way that I think is very sen- sively related to the programs and defense discretionary for research and sible, and allow us to go forward as we functions of the Department of Defense others. have in the past. and that our national security is a Very quickly, when we won World All of us recognize the extraordinary function not just of our military, intel- War II, Roosevelt made it clear that it sacrifices made by the men and women ligence, and other related agencies, but was our arsenal of democracy that en- of our Armed Forces and the fact that the vitality and strength of the coun- abled one of the greatest fighting ma- they continue to serve as the frontline try, the ability to grow and to afford chines ever assembled to be successful. of the defense in so many different as- these investments in defense, in home- We need to continue to have an arsenal pects. But we also recognize that de- land security, and others. We make it of democracy. That arsenal of democ- fending our interests means agencies clear. We make it clear in this legisla- racy will always be cutting edge and outside the Department of Defense— tion that that is our proposal. And the maintain its qualitative edge because the State Department, Homeland Secu- stakes are clear: We want to go ahead of what we will do with research and rity—that have absolutely critical and and support a broad-ranged increase in development, often in civilian agen- indispensable roles in our national se- resources. cies, whether it is the Department of curity. The final point I will make is that Energy that will produce more trucks, Reflecting on the comments before this is all in the shadow of the ulti- whether it is the National Science about the potential for incidents both mate issue, which is getting rid of se- Foundation working with others to here and abroad, if we go back to 9/11, questration—not just for one part of make us even more advanced in com- that was not a result of a failure to the government but for the entire gov- putational capacity so that we have have trained Army brigades or marine ernment. If we don’t address that next the best computers to defend us, not regiments or aircraft carriers at sea; year, we are going to be in an extraor- only in cyber security but in others. that was a deficiency in the screening dinarily dire situation. There is a new kind of arsenal of de- of passengers getting on airplanes; that With that, I ask my colleagues sin- mocracy, and we need to have a strong was a failure to connect intelligence cerely and very fervently to support economy and we need to have contin- that one FBI office had that was not the Reed-Mikulski amendment. I think ued research and development to main- shared effectively. Those threats to the that would put us on the track to true tain our qualitative edge. United States will not be directly rem- national security. Let’s go to the wonderful men and edied even as we increase resources to With that, I yield the floor. women who serve our military. Only 2 The PRESIDING OFFICER (Mr. the Department of Defense. Resources percent of the population signs up, but RUBIO). The Senator from Maryland. have to go to these other agencies as Ms. MIKULSKI. Mr. President, how when they sign up, boy, are we proud of well. I think that is something we all much time does our side have? them. We share that on both sides of recognize, and that is what is at the The PRESIDING OFFICER. There is the aisle. But what GEN Martin heart of what we are doing. no divided time. We have a vote sched- Dempsey, the former head of the Joint In addition, over the last we uled at 11:15 a.m. but no divided time. Chiefs—himself a decorated hero—said have seen a host of other threats, par- Ms. MIKULSKI. Well, I will be quick to me was this: Senator MIKULSKI, out ticularly cyber threats, which were ru- in my remarks. of every four people who want to enlist dimentary back in 2001, 2002, and 2003. First, I just want to comment about in our military, only one is taken be- Now we see them as ubiquitous—not real leadership and how blessed we are cause only one will be fit for duty. One rudimentary—and threatening and to have what we have. I compliment category can’t pass because they can’t with an increasing sort of sophistica- both the chairman and the ranking pass the physical fitness. They have tion. member of the Armed Services Com- too many physical problems. I recall that in a hearing Senator mittee. The chairman, Senator Well, why is that? COLLINS and I had with the Department MCCAIN, is a graduate of the Naval Then the other won’t be taken by the of Transportation and the Department Academy and is a well-known and well- military because they fail the literacy of Housing and Urban Development, we respected war hero who for his entire and the math—a failure of education. asked the IG: What is the biggest issue life has stood for defending America. Third, there is another category be- that you think is facing your Depart- Our ranking member, Senator JACK cause of issues with either addiction or ments right now? Both said it is the REED of Rhode Island, is a West Point emotional problems. issue of cyber security—protecting the graduate and a paratrooper, so he So we need to look at our total popu- data we have, protecting the records knows what it is like to make big leaps lation. We need a totally strong Amer- we have, protecting ourselves from for the defense of the country. They ica to have a strong defense. being an unwitting conduit into even have done their best to do a bill. They I know some people say what I want more sensitive government systems. find that their budget allocation is to do and some of my colleagues want So within our amendment, we pro- very tight, and we understand that. to do—we not only want to maintain pose significant resources for cyber What we seek here is parity in what parity in the Budget Act consistent protections throughout the Federal the gentleman from Arizona, Senator with our votes and our principles, but Government—Homeland Security, MCCAIN, is offering as his amendment, look at that. Also, when we vote, know Health and Human Services, Housing and he has spoken thoroughly and elo- why we are doing this. We want to and Urban Development, et cetera. quently about it. Senator REED has maintain our arsenal of democracy. We These are essential, and I think the spoken eloquently about how not all want to maintain our cutting edge and American people understand that. national security is in the Department our qualitative edge. We also want our We also understand that our infra- of Defense, and we need more money young men and women to be fit for structure is critical to our economic for the State Department, Homeland duty, whether it is for military service well-being and our economic growth. Security. There are others in our part or other service to the Nation. Part of our dilemma going forward and of the bill, the nondefense discre- I know the gentleman from Arizona one of the reasons we are locked in this tionary part, related to research and is waiting. I have now completed my sequestration battle is that unless we development and also investments in remarks, and I yield the floor. are growing our economy, we will be health and education. The PRESIDING OFFICER. The Sen- continually faced with difficult chal- There are those who would say: Well, ator from Arizona. lenges about what we fund, how we Senator MIKULSKI, you know what Sen- Mr. MCCAIN. Mr. President, I thank fund it, how we provide the revenue to ator MCCAIN wants to do. the Senator from Maryland. She is meet these obligations. One of the sur- Yes. tough and principled, a great rep- est ways to increase our growth is to You know what Senator REED wants resentative of her State, and she has invest in our infrastructure. to do. Not all defense is in DOD. been a friend for many years. I thank

VerDate Sep 11 2014 01:45 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.017 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3679 her for her words. I also respectfully, 4549, offered by the Senator from Rhode lion above the request. The McCain obviously, disagree. Island, Mr. REED, to amendment No. amendment offers only $465 million. This vote is obviously one that places 4229 to S. 2943, shall be brought to a Appropriations will add $600 million to domestic considerations on the same close? Israeli defense. plane as national security. As we look The yeas and nays are mandatory Let’s look at new, modern ships. The around the world, I think it is pretty under the rule. McCain amendment authorizes $90 mil- obvious that since 2011—the world was The clerk will call the roll. lion less for the littoral ships than a very different place when sequestra- The legislative clerk called the roll. what we do. We put in $475 million. The tion was enacted. We need to have a Mr. DURBIN. I announce that the McCain amendment adds nothing to an military that is prepared to fight and Senator from Vermont (Mr. SANDERS) account for the National Guard and Re- is not unready, planes that can fly, and the Senator from Virginia (Mr. serve. The Defense appropriations bill ships that can sail, and men and WARNER) are necessarily absent. adds $900 million for the Guard and Re- women who are trained to fight. All of The PRESIDING OFFICER. Are there serve equipment account so they can those have been impacted by sequestra- any other Senators in the Chamber de- recapitalize themselves, so they can be tion. siring to vote? part of our fighting military for our With the Director of National Intel- The yeas and nays resulted—yeas 43, Commander in Chief. ligence telling the Armed Services nays 55, as follows: Also, we can look at something like Committee and the world that there [Rollcall Vote No. 95 Leg.] the Arctic. There is a threat to the will be attacks in Europe and the YEAS—43 Arctic. Senator MURKOWSKI from Alas- United States of America, we cannot Ayotte Gillibrand Nelson ka has spoken eloquently about it. We afford an $18 billion cut from last year Baldwin Heinrich Peters have money in here for polar ice- and an over $100 billion cut since 9/11. Bennet Heitkamp Portman breakers. The Russians have 6, and we Blumenthal Hirono Reed have 1 in Antarctica. This helps the Every one of our military leaders has Booker Kaine Reid told us that we are putting the men Boxer King shipbuilding industry and so on. Schatz We can do this in Defense appropria- and women who are serving in uniform Brown Klobuchar Schumer Cantwell Leahy Shaheen tions. I urge the rejection of the at greater risk. That is not fair to Cardin Markey Stabenow McCain amendment. We can meet our them, I say to the Senator from Mary- Casey McCaskill Udall Coons Menendez national defense without a budget gim- land. It is not fair. So I don’t put our Warren Donnelly Merkley mick. domestic needs on the same plane as Whitehouse Durbin Mikulski The PRESIDING OFFICER. The Sen- our national security. I believe our na- Wyden Feinstein Murphy ator from Arizona. Franken Murray tional security is our first obligation, Mr. MCCAIN. Mr. President, facts are and that is what my amendment is all NAYS—55 stubborn things. They add $7 billion. about. Alexander Fischer Paul We want $18 billion to restore the cuts Mr. President, I ask unanimous con- Barrasso Flake Perdue from last year. sent for 3 minutes on the Democratic Blunt Gardner Risch So I say to the Senator from Mary- side and 3 minutes on my side prior to Boozman Graham Roberts Burr Grassley land: Facts are stubborn things. The the second vote. Rounds Capito Hatch Rubio fact is this amendment increases The PRESIDING OFFICER. Is there Carper Heller Sasse spending by $18 billion, which brings us objection? Cassidy Hoeven Scott Coats Inhofe up to last year’s level. Without objection, it is so ordered. Sessions Cochran Isakson Look at how the world has changed Shelby Mr. MCCAIN. Mr. President, I yield Collins Johnson in the last year. Look at the commit- Sullivan the floor. Corker Kirk ments that this Nation has assumed as I suggest the absence of a quorum. Cornyn Lankford Tester Cotton Lee Thune a result of a failed Obama foreign pol- The PRESIDING OFFICER. The Crapo Manchin Tillis icy. clerk will call the roll. Cruz McCain Toomey It increases the military pay raise to The legislative clerk proceeded to Daines McConnell Vitter 2.1 percent. The current administration call the roll. Enzi Moran Wicker Ernst Murkowski budgets 1.6. It fully funds our troops in Mr. REED. Mr. President, I ask unan- Afghanistan. It stops the cuts to end imous consent that the order for the NOT VOTING—2 strength and capacity. For example, it quorum call be rescinded. Sanders Warner cancels a planned reduction of 15,000 The PRESIDING OFFICER. Without The PRESIDING OFFICER. On this active Army soldiers. It prevents cut- objection, it is so ordered. vote, the yeas are 43, the nays are 55. ting the 10th carrier air wing. It in- CLOTURE MOTION Three-fifths of the Senators duly cho- cludes additional funding for 36 addi- The PRESIDING OFFICER. Pursuant sen and sworn not having voted in the tional UH–60 Blackhawk helicopters, to rule XXII, the Chair lays before the affirmative, the motion is rejected. five Apaches, and five Chinooks. It pro- Senate the pending cloture motion, Under the previous order, there will vides an additional $319 million for which the clerk will state. now be 6 minutes of debate, equally di- Israeli defense programs and $2.2 bil- The legislative clerk read as follows: vided, prior to the vote. lion for readiness. CLOTURE MOTION Ms. MIKULSKI. Mr. President, today We have ships that can’t sail and We, the undersigned Senators, in accord- I will vote against Senator MCCAIN’s planes that can’t fly and pilots that ance with the provisions of rule XXII of the amendment No. 4229, the $18 billion of can’t train. Do you know our pilots are Standing Rules of the Senate, do hereby additional spending for the Department flying less hours than Russian and Chi- move to bring to a close debate on the Reed of Defense. nese pilots are, thanks to sequestra- amendment No. 4549 to the McCain amend- I support the troops and their mis- tion? ment No. 4229 to S. 2943, the National De- sion, especially Maryland’s nine mili- It addresses the Navy’s ongoing fense Authorization Act. tary bases. While there are many items fighter shortfall and USMC aviation Harry Reid, Jack Reed, Richard J. Dur- I would like to see more money for, I bin, Michael F. Bennet, Charles E. readiness. It supports the Navy’s ship- Schumer, Patty Murray, Richard believe we can meet the needs of our building programs, necessary to fund Blumenthal, Jeff Merkley, Jeanne Sha- national defense within the budget the additional DDG–51, and restores heen, Al Franken, Gary C. Peters, Bill caps. For fiscal year 2017, the Depart- the cut of 1 littoral ship. That is the Nelson, Barbara Boxer, Robert Menen- ment of Defense appropriations bill re- job of the authorizers. You are doing dez, Sheldon Whitehouse, Amy Klo- ported unanimously by the Appropria- the job of the authorizers, I say to the buchar, Barbara A. Mikulski. tions Committee last week did that. Senator from Maryland, and that is The PRESIDING OFFICER. By unan- The Defense appropriations bill ac- wrong. It is up to us to authorize, not imous consent, the mandatory quorum complishes many objectives without a you. It is your job to fund, not to au- call has been waived. budget gimmick. It uses base funding thorize. The question is, Is it the sense of the to provide $600 million to meet Israel’s So what is a ‘‘no’’ vote going to do, Senate that debate on amendment No. missile defense, an increase of $455 mil- my friends?

VerDate Sep 11 2014 01:45 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.018 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3680 CONGRESSIONAL RECORD — SENATE June 9, 2016 It is going to be a vote in favor of an- Donnelly King Rubio Mr. MCCAIN. I object. other year where the pay for our troops Ernst Klobuchar Sasse The PRESIDING OFFICER. Objec- Fischer McCain Scott doesn’t keep pace with inflation. In Gardner McCaskill Sessions tion is heard. voting no, you are cutting more sol- Graham McConnell Shelby Mr. MCCAIN. Madam President, for diers and marines in operational re- Hatch Moran Stabenow the benefit of my colleagues, until we Heinrich Murkowski quirements. Voting no will be a vote in Sullivan finish this bill, I don’t want anybody Heitkamp Perdue Thune Hoeven Peters doing anything but finishing this legis- favor of continuing to shrink the num- Tillis Inhofe Portman lation. ber of aircraft that are available to the Toomey Isakson Risch Air Force, Navy, and Marine Corps. Vitter The PRESIDING OFFICER. The Sen- Johnson Roberts ator from Arizona. Voting no would be a vote in favor of Kaine Rounds Wicker Mr. MCCAIN. Madam President, letting arbitrary budget caps set the NAYS—42 timeline for our mission in Afghani- while we are waiting, I believe that one Alexander Franken Murphy of the Senators is coming to the floor stan. Voting no is a vote in favor of Booker Gillibrand Murray for a unanimous consent request. continuing to ask our men and women Boxer Grassley Nelson I would like to talk for a minute with Brown Heller Paul in uniform to continue to perform my friend from Rhode Island, the rank- more and more tasks. Cantwell Hirono Reed Cardin Kirk Reid ing member, about a provision that is As the Chief of the U.S. Army has Carper Lankford Schatz being held up, unfortunately, and that said, if we continue these cuts, we are Cochran Leahy Schumer has to do with our interpreters, who putting the lives of the men and Coons Lee Shaheen Corker Manchin Tester have literally placed their lives on the women in the military in danger. If Durbin Markey Udall line in order to help Americans and lit- you vote no, don’t go home and say you Enzi Menendez Warren erally save American lives. That support the military, because you do Feinstein Merkley Whitehouse Flake Mikulski Wyden amendment is being held up for extra- not. neous reasons. I yield. NOT VOTING—2 The Senator from New Hampshire, I, CLOTURE MOTION Sanders Warner and everybody on a bipartisan basis, The PRESIDING OFFICER. Pursuant The PRESIDING OFFICER. On this and with fervent pleas from people to rule XXII, the Chair lays before the vote, the yeas are 56, the nays are 42. such as GEN David Petraeus, GEN Senate the pending cloture motion, Three-fifths of the Senators duly cho- Stanley McChrystal, and Ambassador which the clerk will state. sen and sworn not having voted in the Ryan Crocker—later on I will read all The bill clerk read as follows: affirmative, the motion is rejected. of these individuals’ letters that are al- The Senator from Arizona. most wrenching because, in the words CLOTURE MOTION AMENDMENT NO. 4229 WITHDRAWN of, I believe, General McChrystal, it is We, the undersigned Senators, in accord- not just a regular obligation, it is a ance with the provisions of rule XXII of the Mr. MCCAIN. Madam President, I Standing Rules of the Senate, do hereby withdraw my amendment No. 4229. moral obligation. Are we going to not move to bring to a close debate on the The PRESIDING OFFICER. The Sen- allow these people to come to the McCain amendment No. 4229 to S. 2943, an ator has that right, and the amend- United States, these people who lit- act to authorize appropriations for fiscal ment is withdrawn. erally laid their lives on the line for us year 2017 for military activities of the De- AMENDMENT NO. 4607 and saved American lives, in the view partment of Defense, for military construc- Mr. MCCAIN. Madam President, I call of our military leadership who testified tion, and for defense activities of the Depart- up my amendment No. 4607. to that? General Petraeus wrote a very ment of Energy, to prescribe military per- The PRESIDING OFFICER. The compelling letter. All the most re- sonnel strengths for such fiscal year, and for spected military and diplomatic lead- other purposes. clerk will report. John McCain, John Cornyn, Marco The senior assistant legislative clerk ers have asked for this, and it is being Rubio, Roger F. Wicker, Richard Burr, read as follows: held up for extraneous reasons. James M. Inhofe, Pat Roberts, Tom The Senator from Arizona [Mr. MCCAIN] I alert my colleagues that the Sen- Cotton, Thom Tillis, Roy Blunt, Shel- proposes an amendment numbered 4607. ator from Rhode Island and I are going to ask unanimous consent to move to ley Moore Capito, Dan Sullivan, Mr. MCCAIN. I ask unanimous con- Lindsey Graham, Lisa Murkowski, sent that the reading of the amend- that amendment because there are 99 David Vitter, Mitch McConnell. ment be dispensed with. votes in favor of it. We cannot do this. We cannot do this The PRESIDING OFFICER. By unan- The PRESIDING OFFICER. Without to people who are allies. What message imous consent, the mandatory quorum objection, it is so ordered. call has been waived. The amendment is as follows: does it send to anybody who wants to assist the U.S. military and govern- The question is, Is it the sense of the (Purpose: To amend the provision on share- Senate that debate on amendment No. in-savings contracts) ment—not just the military; the gov- ernment—in carrying out their respon- 4229, offered by the Senator from Ari- On page 508, strike line 10 and all that fol- sibilities and missions? If we send the zona, Mr. MCCAIN, to S. 2943, shall be lows through ‘‘(d) TRAINING.—’’ on line 15 and brought to a close? insert the following: message that we are going to abandon The yeas and nays are mandatory Section 2332 of title 10, United States Code, those people, what will happen in the under the rule. is amended by adding at the end the fol- next conflict? What will happen in Af- lowing new subsection: The clerk will call the roll. ghanistan today? ‘‘(e) TRAINING.— I hope an objection will not take The bill clerk called the roll. Mr. MCCAIN. Madam President, I be- place. I would like to alert my col- Mr. DURBIN. I announce that the lieve we are waiting for the Senator leagues that in the next 15 or 20 min- Senator from Vermont (Mr. SANDERS) from Utah. utes we will be moving that amend- and the Senator from Virginia (Mr. I yield the floor. ment, asking unanimous consent. Any- WARNER) are necessarily absent. The PRESIDING OFFICER. The Sen- one who opposes it, I suggest they THE PRESIDING OFFICER (Mrs. ator from Arizona. come to the floor and be prepared to FISCHER). Are there any other Senators UNANIMOUS CONSENT REQUEST—AUTHORITY FOR object. This is really a matter of what in the Chamber desiring to vote? COMMITTEES TO MEET America is all about. As important as The yeas and nays resulted—yeas 56, Mr. FLAKE. Madam President, I an amendment that is not connected to nays 42, as follows: have five unanimous consent requests that is, I don’t know of a higher obliga- [Rollcall Vote No. 96 Leg.] for committees to meet during today’s tion we have than to care for those who YEAS—56 session of the Senate. They have the have, as I say for the third time, laid Ayotte Boozman Collins approval of the majority and minority their lives on the line and saved Amer- Baldwin Burr Cornyn leaders. ican lives in our pursuit of trying to Barrasso Capito Cotton I ask unanimous consent that these Bennet Casey Crapo achieve our goals. Blumenthal Cassidy Cruz requests be agreed to and that these re- So I would alert my colleagues that Blunt Coats Daines quests be printed in the RECORD. in 15 minutes we will be proposing a

VerDate Sep 11 2014 02:16 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.022 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3681 unanimous consent agreement to pass would like to read a few sentences from It is crucial that Congress act to provide that amendment. this letter that was sent to all the additional visas for the SIV program. The I yield the floor. Members of Congress. most recent figures from the State Depart- The PRESIDING OFFICER. The Sen- General McChrystal says: ment suggest that at least 10,000 applicants remain in the SIV processing backlog; as our ator from Rhode Island. The U.S. military presence in Afghanistan Mr. REED. Madam President, I join troop presence in Afghanistan continues, we relies on allies who serve as translators, se- can only expect more endangered Afghan al- the chairman. He has very eloquently curity personnel, and in a multitude of other lies to seek our help, adding to the backlog. and passionately described the situa- functions. All of these actors are vital to the The Department of State has indicated that tion we are in. We have thousands of U.S. mission, whether [they] work directly an additional 4,000 Afghan SIVs for the year Afghans who have come forward and or indirectly with U.S. forces. Afghans who would allow it to continue to process and helped our forces—not just our mili- served the United States in non-military ca- issue visas in Fiscal Year 2017. If this pro- tary forces but our diplomats and our pacities or in support of the Department of gram falls far short of the need, it will have AID workers. They have been the State face serious threats as a result of their serious national security implications. service. I am also concerned that Congress may translators. They have been on the He goes on to say: limit eligibility for SIV applicants. The U.S. frontlines, and they have exposed military presence in Afghanistan relies on themselves to risk. Many of them are If this program falls far short of the need, allies who serve as translators, security per- in danger of retaliation. What they it will have serious national security impli- sonnel, and in a multitude of other func- want and what I think is owed to them cations. tions. All of these actors are vital to the U.S. is the opportunity to relocate to the We have received similar letters from mission, whether the work directly or indi- United States. GEN John Campbell, who was head of rectly with U.S. forces. Afghans who served The Senator from New Hampshire the forces in Afghanistan, and from the United States in non-military capacities has proposed an amendment and has General Nicholson, who is currently or in support of the Department of State face the general and commander of resolute serious threats as a result of their service. worked incredibly hard to satisfy ob- They are currently eligible for the SIV pro- jections from many different quarters, support of United States Forces-Af- gram and their eligibility should remain in- both technical and substantive, and I ghanistan. Ryan Crocker, a former Am- tact. think has reached a very principled ap- bassador in Afghanistan, has been very Thank you for your support of the Special proach that would recognize our obli- eloquent in the need to continue to Immigrant Visa program. Congress must en- gations to these individuals. It would, support this program and make sure sure that the SIV program for our Afghan al- in a very controlled and very careful those Afghans who have stood with our lies—one of the only truly non-partisan way, allow them to relocate to the American soldiers can come to the issues of the day—meets the needs of those we seek to help. United States. United States. Sincerely, Again, I thank the chairman for his Madam President, I ask unanimous STANLEY A. MCCHRYSTAL, passionate leadership and the Senator consent to have printed in the RECORD General, U.S. Army (Retired). from New Hampshire for her extraor- these letters and this article from dinary and tireless efforts, for the last Ryan Crocker. HEADQUARTERS, 24-plus hours and throughout the larger There being no objection, the mate- RESOLUTE SUPPORT, process. rial was ordered to be printed in the Kabul, Afghanistan, May 20, 2016. Hon. JOHN MCCAIN, The other point I wish to make, and RECORD, as follows: it does echo what the chairman said, in Chairman, Armed Services Committee, MCCHRYSTAL GROUP, LLC, Afghanistan and elsewhere, but par- U.S. Senate, Washington, DC. Alexandria, Virginia, May 1, 2016. DEAR MR. CHAIRMAN, I would like to ex- ticularly in Afghanistan, if we are Hon. Senator JOHN MCCAIN, press my support for the continuation of the going to sustain our presence there, as Russell Senate Office Building, Special Immigrant Visa (SIV) program. It is I believe we must, we have to be able to Washington, DC. my firm belief that abandoning this program recruit additional Afghans to help us. Hon. Senator JACK REED, would significantly undermine our credi- If the message they are getting is ‘‘You Hart Senate Office Building, bility and the 15 years of tremendous sac- are going to put your life on the line, Washington, DC. rifice by thousands of Afghans on behalf of and when you are no longer useful to Hon. Representative MAC THORNBERRY, Americans and Coalition partners. These Rayburn House Office Building, them, they don’t even remember you. men and women who have risked their lives Washington, DC. and have sacrificed much for the betterment You are not even a name; you are just Hon. Representative ADAM SMITH, of Afghanistan deserve our continued com- a nobody,’’ we are going to have a dif- Rayburn House Office Building, mitment. Failure to adequately demonstrate ficult time. If we can’t recruit these Washington, DC. a shared understanding of their sacrifices highly skilled interpreters and other Hon. Senator CHARLES GRASSLEY, and honor our commitment to any Afghan Afghans, our personnel—diplomatic, Hart Senate Office Building, who supports the International Security As- military, and others—will be in jeop- Washington, DC. sistance Force and Resolute Support mis- ardy. In addition to supporting our Hon. Senator PATRICK LEAHY, sions could have grave consequences for Russell Senate Office Building, troops, some of these interpreters have these individuals and bolster the propaganda Washington, DC. of our enemies. been involved with FBI agents who Hon. Representative BOB GOODLATTE, During my previous three tours in Afghan- were in Kabul and other places on Rayburn House Office Building, istan, I have seen many Afghans put them- counterterrorism operations. It is very Washington, DC. selves and their families at risk to assist our dangerous work. Work that couldn’t be Hon. Representative JOHN CONYERS, JR., forces in pursuit of stability for their coun- done without these interpreters. Rayburn House Office Building, try. The stories of these interpreters and Again, the Senator from New Hamp- Washington, DC. translators are heart-wrenching. They fol- shire has done the bulk of the work, DEAR SENATORS AND REPRESENTATIVES: I lowed and supported our troops in combat at and we have done good work in getting write today to express my support for the Af- great personal risk, ensuring the safety and ghan Special Immigrant Visa (SIV) program effectiveness of Coalition members on the to the point where we really need to and to express my opinion that additional ground. Many have been injured or killed in get this passed. SIVs are desperately needed. the line of duty, a testament to their com- With that, I yield the floor. Throughout my service in the U.S. mili- mitment, resolve, and dedication to support The PRESIDING OFFICER. The Sen- tary, I have seen just how important a role our interests. Continuing our promise of the ator from New Hampshire. our in-country allies play in our missions. American dream is more than in our na- Mrs. SHAHEEN. Madam President, I Many of our Afghan allies have not only tional interest, it is a testament to our de- join Chairman MCCAIN and Ranking been mission-essential—serving as the eyes cency and long-standing tradition of hon- Member REED in the very eloquent re- and ears of our own troops and often saving oring our allies. marks they have provided in support of American lives—but have risked their own Afghanistan faces a continuing threat from the Special Immigrant Visa Program and their families’ lives in the line of duty. both the Afghan insurgency and extremist Protecting these allies is as much a matter networks. We must remain committed to for Afghans who have assisted our men of American national morality as it is Amer- helping those Afghans who, at great personal and women on the ground serving in ican national security. I ask for your help in risk, have helped us in our mission. This is Afghanistan. upholding this obligation by appropriating the second year the Afghan National Defense Chairman MCCAIN mentioned the let- additional Afghan SIVs to bring our allies to and Security Forces (ANDSF) are in the lead ter from GEN Stanley McChrystal. I safety in America. for security. They are fighting hard and

VerDate Sep 11 2014 02:16 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.026 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3682 CONGRESSIONAL RECORD — SENATE June 9, 2016 fighting well for a stable, secure Afghani- forts in Afghanistan. This program is crucial The need for help is particularly great this stan. The vast majority of the SIV appli- to our ability to protect those who have year as the U.S. military has reduced its cants have served as interpreters and trans- helped us so much. presence in Afghanistan. There are 10,000 Af- lators for our troops. They have exposed Thank you for your support for America’s ghans in the SIV application backlog. But themselves and compromised the safety of Soldiers, Sailors, Airmen, and Marines. the State Department has fewer than 4,000 their families to provide critical situational Sincerely, visas remaining, which would leave more awareness and guidance, both of which have JOHN F. CAMPBELL, than 6,000 Afghans stranded in a country helped save countless Afghan, American and General, U.S. Army, Commanding. where their work for the United States Coalition lives. means they are no longer safe. State re- Thank you for your continued support of [From the Washington Post, May 12, 2016] quested 4,000 additional visas so that it can American troops in Afghanistan. DON’T LET THE U.S. ABANDON THOUSANDS OF continue to process applications. Yet even Very Respectfully, AFGHANS WHO WORKED FOR US these additional visas are not enough to pro- JOHN W. NICHOLSON, (By Ryan Crocker) tect all the Afghans and Iraqis who have General, U.S. Army, The House will soon consider the National worked and continue to support the United Commander, Reso- Defense Authorization Act, an annual piece States abroad. lute Support/United of legislation that sets policy for the mili- But the legislation, as it passed the House States Forces—Af- tary. If the bill becomes law in its current Armed Services Committee last week, goes ghanistan. form, the United States will break faith with in the opposite direction. Despite this back- the Afghans who served with U.S. troops and log, the bill has no provision to increase the HEADQUARTERS, diplomats. number of visas. It restricts the criteria for UNITED STATES FORCES-AFGHANISTAN, This is a very personal issue for me. I was eligibility to military interpreters and Kabul, Afghanistan. the U.S. ambassador to Iraq from 2007 to 2009 translators who worked off-base and individ- Hon. JOHN MCCAIN, and the U.S. ambassador to Afghanistan uals who worked on-base in ‘‘trusted and Chairman, Armed Services Committee, from 2011 to 2012. I observed firsthand the sensitive’’ military support roles, excluding U.S. Senate, Washington, DC. courage of the citizens who risked their lives Afghans who worked in non-military roles DEAR MR. CHAIRMAN, I am writing you to trying to help their own countries by helping such as on-base security, maintenance and express my strongest support for the Special the United States. During my time in Af- support for diplomats and other government Immigrant Visa (SIV) program. ghanistan, I had the pleasure of working entities. Neither Taj nor Reza would have Since our arrival in Afghanistan, U.S. with the 859 Afghan staffers at our embassy qualified under such revised criteria. When Forces have relied upon our Afghan partners, who risked their lives every day to work for deciding whom to kill, the Taliban do not especially our linguists, to perform our mis- the betterment of their country and ours. It make such distinctions in service—nor sion. They have consistently been there with takes a special kind of heroism for them to should we when determining whom to save. us through the most harrowing ordeals, serve alongside us. There is still time to save and strengthen never wavering in their support for our sol- Two men continue to stand out in my this essential program. This week, the Sen- diers, our mission, and their own country. memory for their service to our nation. Taj, ate Armed Services Committee is consid- Many have been injured or killed in the line for instance, worked for the U.S. government ering the bill. In past years, the bipartisan of duty. for more than 20 years; he returned from efforts of leaders like Sens. John McCain (R– Unfortunately, their support of our mis- Pakistan after the fall of the Taliban as the Ariz.) and Jeanne Shaheen (D–N.H.) have sion has resulted in our Afghan partners fac- first local staffer in the reopened embassy. kept these essential visa programs intact, ing threats from insurgent groups through- He was there when I first raised our flag in and I hope they can do the same this year. out the country. They frequently live in fear early 2002. His outreach to imams to discuss Congress should both expand this essential that they or their families will be targeted religious tolerance and women’s rights under program and work to fix the delays in proc- for kidnappings and death. Many have suf- the Koran has achieved measurable results essing that are weakening it. fered this fate already. The SIV program of- in fighting extremism. Another, Reza, helped This is truly a matter of life and death. I fers hope that their sacrifices on our behalf connect embassy leadership with politicians know hundreds of people who have been will not be forgotten. and thought leaders, supporters and critics, threatened because of their affiliation with After several ups and downs, the program to hear their concerns and ideas. To protect the United States. Some have been killed. remains an extremely important way for the these brave men and their families, I can use Today, many are in hiding, praying that the United States to protect those who assisted only their first names here. United States keeps its word. We can and us. By December 2014, the Department of As a result of their service, many allies must do better. State had issued all 4,000 Afghan SIVs allo- like Taj and Reza have faced—and continue cated under the Consolidated Appropriations to face—security threats so serious that they Mrs. SHAHEEN. Madam President, Act for Fiscal Year (FY) 2014. As you know, are unable to remain in their home coun- as Senator REED said, the amendment the FY15 National Defense Authorization tries. From 2006 to 2009, I worked closely we have offered has been very carefully Act provides 4,000 additional SIVs for Afghan with the Congress to establish special immi- crafted. It has been a compromise applicants. The State Department’s Status grant visa (SIV) programs for Afghans and among those who have had concerns of Afghan Special Immigrant Visa Program Iraqis that enable our brave partners to about the program and those of us who report in April 2015 shows there are more come to safety in the United States because than 8,000 SIV applications that have been of the sacrifices they made on our behalf. Al- believe it is critical we continue to submitted. Each week, I receive several per- though Iraqi and Afghani ‘‘special immi- support it. This is something all of sonal requests and inquiries from linguists grants’’ do not technically come as refugees those who have been watching this pro- and others who have worked with, or con- under the law, that is exactly what they are, gram have now agreed to, and I hope tinue to work with, U.S. Forces, seeking as- in essence: people persecuted because of the objection we are hearing from sistance with the Afghan SIV program. I in- their political actions and in urgent need of some, that I think is unrelated to this form them how we are working closely with protection. Reza, for example, faced Taliban issue, can be addressed. Congress to obtain adequate SIV allocations death threats for his work assisting our em- I close with a story that says to me each year. This shows just how important bassy and now lives in the United States. this program remains to our Afghan part- In an era of partisan rancor, this has been how important this program is. Sen- ners, as well our own forces. an area where Republicans and Democrats ator MCCAIN and I had the opportunity Since I assumed command of the Resolute have acted together. Congress has continued 2 years ago to sit down with a former Support Mission/U.S. Forces-Afghanistan, to support policies aimed at protecting our Army captain, a man named Matt Zel- much has changed and the Afghan National wartime allies by renewing the Afghanistan ler, and his interpreter, an Afghan Defense Security Forces (ANDSF) are in the SIV program annually—demonstrating a named Janis Shinwari, who had just lead to secure the country. We have a willing shared understanding that taking care of been allowed into the United States. and strategic partner whose interests are those who took care of us is not just an act When I asked Matt Zeller how he met aligned with our own. The ANDSF is taking of basic decency; it is also in our national in- the fight to the enemy this fighting season terest. American credibility matters. Aban- Janis and about the help he had pro- and are performing well. Our prospects for doning these allies would tarnish our reputa- vided him, his response was that they long-term success and a strategic partner tion and endanger those we are today asking had met basically when he and his unit have never been better. We would not be in to serve alongside U.S. forces and diplomats. were under attack from the Taliban this position without the support and leader- By welcoming these Afghans, we would and he was knocked out in that attack. ship of the U.S. Congress, the American peo- offer a powerful counter-narrative to the When he woke up, it wasn’t he and fel- ple, the men and women who have served propaganda of the Islamic State and other low unit members of the military who extremist groups, which claim that the here with distinction, and our Afghan part- were dead, it was the Taliban, and they ners. United States is hostile to Muslims. Turning I urge Congress to ensure that continu- our backs on people who worked with us were dead because Janis Shinwari was ation of the SIV program remains a promi- would appear to give credence to the extrem- there and had protected Matt and the nent part of any future legislation on our ef- ists’ lies. fellow members of his unit.

VerDate Sep 11 2014 03:27 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.007 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3683 I think that says so much about how view, the hemp ban looks like a case of This is a bipartisan bill. The Senate important these interpreters and those illegality for the sake of illegality. majority leader, MITCH MCCONNELL; who have provided support to our men Four Members of the United States my colleague from , Senator and women on the ground in Afghani- Senate, including the Senate majority MERKLEY; Senator MCCONNELL’s col- stan have been. What will we say the leader, want to bring an end to this league from Kentucky, RAND PAUL— next time we want somebody to help, anti-hemp stigma that has, in effect, the four of us, both Senators from Or- when we need help in a country where been codified in the law. We have egon, both Senators from Kentucky— our men and women are fighting, if talked about a whole host of hemp say this is common sense. Twelve they can look back and say: You didn’t products—foods, soap, lotion supple- Members of the Senate are on board. It keep your word, United States, so why ments, hemp milk, and you can even is time to turn this into law and give should we help you now? use a hemp product to seal the lumber our hard-working farmers—and I note This is our opportunity to continue in a deck. the Presiding Officer knows a bit about to keep our word, to continue to make If you just look at the variety of farming—I want to give our farmers sure those people who helped us in Af- products—the kinds of products I have another opportunity to generate profit ghanistan, who protected our men and shown here before—you can certainly and revenue for their important enter- women on the ground there, are able to see the ingenuity of American pro- prises in America, and I hope my col- come to the United States when they ducers. You see a growing demand of leagues will support the legislation. are threatened, when their families are American consumers for hemp prod- With that, Madam President, I yield threatened, and be safe. ucts. My view is our hard-working the floor. I certainly hope we can work out the farmers ought to have the opportunity I suggest the absence of a quorum. objection we are hearing from some to meet that demand. The PRESIDING OFFICER. The Members and that we can support this Unfortunately, 100 percent of the clerk will call the roll. very carefully crafted compromise to hemp used in the kinds of products I The senior assistant legislative clerk make sure we protect those who have brought to the floor have to be im- proceeded to call the roll. helped protect us. ported from other countries. So this Mr. REED. Madam President, I ask I yield the floor. ban on hemp is not anti-drug policy, it unanimous consent that the order for The PRESIDING OFFICER. The Sen- is anti-farmer policy. I have held this the quorum call be rescinded. ator from Oregon. belief. I remember going to a Costco at The PRESIDING OFFICER. Without INDUSTRIAL HEMP FARMING ACT home, when my wife Nancy was preg- objection, it is so ordered. Mr. WYDEN. Madam President, we nant with our third child, and I saw Mr. REED. Madam President, we are working on the very important De- there were hemp products available have been moving very steadily fense bill, but I just wanted to take a there at the local Costco, and I an- through this authorization bill. I once few minutes to discuss another topic. nounced what was going to be a guid- again commend the leadership of For some time, with the support of ing principle of mine on this; that is, if Chairman MCCAIN. It really began the Senate majority leader, Mr. you can buy it at a local supermarket, months ago when the Chairman de- MCCONNELL, Senator MERKLEY and the American farmer ought to be able cided that he was going to do an in- Senator PAUL and I have all been try- to grow it. Quaint idea, but I think if depth analysis of the Department of ing to change Federal law so farmers you walk through a Costco or any Defense, calling upon experts from an across the country can secure the other store, you say to yourself: Must extraordinary range of academic, mili- green light to grow hemp in America. be pretty exasperating for American tary, and diplomatic leaders. As a re- About a year ago, I came to the floor farmers to not have an opportunity to sult, we became much more knowledge- of the Senate with a basket of hemp be part of generating that set of jobs able than we were previously about products to highlight that this is a par- associated with the ag sector because things within the Department that we ticularly important time in the de- the jobs are coming from people over- should very carefully review and per- bate—a time in history when we have seas. haps change. In fact, because of his kind of reflected on what this issue has There has been a bit of progress. The leadership, this is the most funda- been about. I have talked about how 2014 farm bill puts the first cracks in mental revision of the Goldwater-Nich- hemp products are made in this coun- the Federal ban. It okayed growth re- ols procedures that were adopted three try, sold in this country, and consumed search projects led by universities and decades ago. We have spent a lot of in our country, but they are not 100- agriculture departments in States such time discussing important issues, but I percent American products. They can’t as Oregon and Kentucky that take a don’t think we have given quite enough be fully red, white, and blue products smarter approach to hemp. These credit to the work that the Chairman because the law says the hemp used to projects have proven successful. Farm- and our colleagues have done with re- make them cannot be grown on a large- ers are ready to grow hemp, but the spect to some of these important re- scale basis here at home. first cracks in the Federal ban do not forms. Another year has gone by since the go far enough, and these projects are One area that we worked on together majority leader, Senator MERKLEY, still just tied up, tied up, and tied up in is developing statutory authority for Senator PAUL, and I teamed up, and various spools of redtape. cross-functional teams within the Of- unfortunately industrial hemp con- In my view, what is needed is a legis- fice of the Secretary of Defense. One of tinues to be on the controlled sub- lative solution. So what we now have, the challenges that Goldwater-Nichols stances list. Because of that unjustified in addition to the four of us—the Sen- faced, and faced successfully, was to status, hard-working farmers in Oregon ators from Kentucky, the Senators try to integrate operational units. and across our country have been de- from Oregon—is a bipartisan group of They came up with the concept of prived of the opportunity and benefits 12 Senators on the Industrial Hemp jointness, which now we assume has al- of a crop that has enormous economic Farming Act. Once and for all, what we ways been there, but that was not the potential—all because there has been would say is, as a matter of law, let’s case 30 or 40 years ago. Because of the this misinterpretation that in some remove hemp from the schedule I con- inspiration of the concept and because way this is affiliated with marijuana. trolled substances list and give a green of the emphasis in the assignment Industrial hemp and marijuana come light to farmers from one end of the process of moving forward and having from the same plant species. Someone country to another who believe they an assignment not in your branch of could say they have a similar look, but would like to have a chance putting service but in a job that required the they are, in fact, very different in key people to work growing hemp. integration of other services, that ap- ways. First and foremost, industrial I urge my colleagues to reflect on the proach made a significant, funda- hemp does not have the psychoactive history of this time, to learn more mental change on the effective oper- properties of marijuana. You would about the safe and versatile crop and ations of military forces today, and we have about as much luck getting high the great potential it holds to giving a take it for granted. by smoking cotton from a T-shirt as boost to American agriculture and our Similarly, we want to take that type you would by smoking hemp. In my domestic economy. of approach not just in the services and

VerDate Sep 11 2014 02:16 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.028 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3684 CONGRESSIONAL RECORD — SENATE June 9, 2016 the operational command but within Another important aspect to note in ting tribute to the chairman. I also the headquarters of the Secretary of talking about very fundamental Gold- think it is ultimately what we are all Defense. We have organized cross-func- water-Nichols reform is the role of the about here. It is going to make sure tional teams that the Secretary—he or Vice Chairman of the Joint Chiefs of that the men and women in the field she—can adopt. These cross-functional Staff. That person has the responsi- who wear the uniform of the United teams exemplify the real mission of bility to head the Joint Requirements States have the very best leadership, the Secretary. It is not to organize per- Oversight Council—JROC—which I am from the Secretary’s level, to the sonnel or logistics. It is to achieve an well familiar with. Essentially, the Chairman’s level, all the way down to outcome which requires every compo- JROC lays out for all the services what their platoon leader and commander. nent to work together. This is just one types of equipment they need, what re- I want to make sure we noted that. example of the innovation that is being quirements they are fulfilling—wheth- With that, I yield the floor. promoted in this legislation. Again, I er it be an undersea craft or a new The PRESIDING OFFICER. The Sen- think it is not only building on Gold- aviation platform. After listening to ator from Arizona. water-Nichols, but it is really going the numerous experts that came before Mr. MCCAIN. Madam President, may much further more effectively. us, our observation was that the Vice I say to my very modest friend from One of the inspirations for this ap- Chairman might have been in a sense Rhode Island that anything that has proach is what has been done in private first among equals, but there were the MCCAIN name on it has a hyphened industry. Private industry has faced more consensus decisions without a name and the REED name on it because some of the same challenges as every focal point of leadership. What we have what we have accomplished in the Sen- large institution—and the Department done in this legislation is make it clear ate Armed Services Committee would is a large institution. They have lots of that the Vice Chairman is indeed the be absolutely impossible without the functional areas, but they didn’t have a leader of that group, so he or she will partnership we have. I cannot express common operational technique, a com- someday have the ability to make deci- adequately my appreciation for the co- mon team, et cetera. Looking at the sions after getting advice from the operation and the friendship we have private sector, this model has become other members of the JROC. developed over many years. As I have prevalent because it has reduced costs, But it will not be what is perceived said probably 200 times, despite his increased efficiency, and delivered today as a sort of quid pro quo between poor education, he has overcome that products on time—in fact, even faster services: The Navy might want a par- and has been a very great contributor than they thought they could do. We ticular ship, and in return for that par- to—— hope this approach will similarly pro- ticular ship, they will be amenable to a Mr. REED. Will the chairman yield? vide the kinds of organizational struc- proposal by the Air Force for a par- If I had the opportunity to go to a foot- ture and incentives for the Department ticular aviation platform. What we ball school and not an academic insti- of Defense that will make the Office of have now is that the Vice Chair will be tution, I would be better off today. the Secretary of Defense much more ef- able—not only as the official formal Forgive me, Mr. Chairman. ficient. That is just one aspect but head of this but also as the chief ad- Mr. MCCAIN. Madam President, there are other aspects that are crit- viser to the Chairman—to say: No, we hopefully we are going to pass the reso- ical too. Some of the other aspects involve have looked at this not from the per- lution that will allow interpreters to trying to focus research and engineer- spective of the service but from the come to the United States under a spe- ing in one particular focal point in the perspective of the Joint Chiefs and our cial program. Department of Defense. This is in reac- role as giving advice to the President I have received letters, and cor- tion to the phenomenon that we have so that we can go ahead and give a de- respondence from literally every mili- all observed, and that is that our tech- cision that is not based upon anything tary leader and diplomatic leader who nological superiority—which we took else. has served in Iraq and Afghanistan. for granted for decades and decades and AMENDMENT NO. 4603 TO AMENDMENT NO. 4607 I ask unanimous consent to have decades—is now being slowly eroded be- Mr. REED. Madam President, at this printed in the RECORD copies of those cause of research that is going on juncture I call up Reid amendment No. letters and correspondence. across the globe. Part of our proposal 4603. There being no objection, the mate- is to have a very centralized figure The PRESIDING OFFICER. The rial was ordered to be printed in the with significant rank to focus on this clerk will report. RECORD, as follows: research and engineering effort. The senior assistant legislative clerk HEADQUARTERS, Other duties in terms of management read as follows: RESOLUTE SUPPORT, of the program, operation of the De- The Senator from Rhode Island [Mr. REED], Kabul, Afghanistan, May 20, 2016. partment of Defense, and testing issues for Mr. REID, proposes an amendment num- Hon. JOHN MCCAIN, bered 4603 to amendment No. 4607. Chairman, Armed Services Committee, could be coordinated with other ele- U.S. Senate, Washington, DC. ments. That is another important as- Mr. REED. Mr. President, I ask unan- imous consent that reading of the DEAR MR. CHAIRMAN, I would like to ex- pect of these proposals. press my support for the continuation of the Again, we have spent a great deal of amendment be dispensed with. Special Immigrant Visa (SIV) program. It is time discussing important issues, but I The PRESIDING OFFICER. Without my firm belief that abandoning this program think we should not fail to note these objection, it is so ordered. would significantly undermine our credi- important changes. The amendment is as follows: bility and the 15 years of tremendous sac- In addition to structure changes at At the end, add the following: rifice by thousands of Afghans on behalf of the Department of Defense level, we This Act shall be in effect 1 day after en- Americans and Coalition partners. These are also creating a much more organi- actment. men and women who have risked their lives zationally streamlined structure in Mr. REED. Madam President, to con- and have sacrificed much for the betterment of Afghanistan deserve our continued com- order to more appropriately deliver tinue briefly, we are again spending a great deal of time on an important mitment. Failure to adequately demonstrate services. a shared understanding of their sacrifices In addition, we worked closely with issue, and we have more important and honor our commitment to any Afghan the Joint Chiefs of Staff to get their issues that will emerge. But I think it who supports the International Security As- input about how the Chairman of the is long overdue to cite what we have sistance Force and Resolute Support mis- Joint Chiefs can be more effective as done in just a small part under the sions could have grave consequences for the principal adviser to the President leadership of the chairman to make these individuals and bolster the propaganda of the United States. That is an impor- fundamental changes to the operation of our enemies. tant change to be made. We have also of the Department of Defense. I am During my previous three tours in Afghan- confident that years from now, when istan, I have seen many Afghans put them- been very careful to get feedback from selves and their families at risk to assist our professionals within the Chairman’s of- they talk about Goldwater-Nichols, forces in pursuit of stability for their coun- fice so that we are doing things that they will talk about MCCAIN, what the try. The stories of these interpreters and make sense, that work, and that func- McCain amendments did and what the translators are heart-wrenching. They fol- tion appropriately. McCain bill did. I think that is a fit- lowed and supported our troops in combat at

VerDate Sep 11 2014 03:27 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.030 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3685 great personal risk, ensuring the safety and much has changed and the Afghan National States Forces-Afghanistan. I won’t effectiveness of Coalition members on the Defense Security Forces (ANDSF) are in the read the whole letter, but I would like ground. Many have been injured or killed in lead to secure the country. We have a willing to quote it because I think it is very the line of duty, a testament to their com- and strategic partner whose interests are compelling. mitment, resolve, and dedication to support aligned with our own. The ANDSF is taking our interests. Continuing our promise of the the fight to the enemy this fighting season General Nicholson says: American dream is more than in our na- and are performing well. Our prospects for During my previous three tours in Afghan- tional interest, it is a testament to our de- long-term success and a strategic partner istan, I have seen many Afghans put them- cency and long-standing tradition of hon- have never been better. We would not be in selves and their families at risk to assist our oring our allies. this position without the support and leader- forces in pursuit of stability for their coun- Afghanistan faces a continuing threat from ship of the U.S. Congress, the American peo- try. The stories of these interpreters and both the Afghan insurgency and extremist ple, the men and women who have served translators are heart-wrenching. They fol- networks. We must remain committed to here with distinction, and our Afghan part- lowed and supported our troops in combat at helping those Afghans who, at great personal ners. great personal risk, ensuring the safety and risk, have helped us in our mission. This is I urge Congress to ensure that continu- effectiveness of Coalition members on the the second year the Afghan National Defense ation of the SIV program remains a promi- ground. Many have been injured or killed in and Security Forces (ANDSF) are in the lead nent part of any future legislation on our ef- the line of duty, a testament to their com- for security. They are fighting hard and forts in Afghanistan. This program is crucial mitment, resolve, and dedication to support fighting well for a stable, secure Afghani- to our ability to protect those who have our interests. Continuing our promise of the stan. The vast majority of the SIV appli- helped us so much. American dream is more than in our na- cants have served as interpreters and trans- Thank you for your support for America’s tional interest, it is a testament to our de- lators for our troops. They have exposed Soldiers, Sailors, Airmen, and Marines. cency and long-standing tradition of hon- themselves and compromised the safety of Sincerely, oring our allies. their families to provide critical situational JOHN F. CAMPBELL, I would like to repeat General Nich- awareness and guidance, both of which have General, U.S. Army, Commanding. helped save countless Afghan, American and olson’s last sentence: ‘‘Continuing our promise of the American dream is more Coalition lives. From: David Petraeus Thank you for your continued support of Date: May 12, 2016. than in our national interest, it is a American troops in Afghanistan. testament to our decency and long- DEAR CHAIRMAN, I write to express my sup- Very Respectfully, port for the Afghan Special Immigrant Visa standing tradition of honoring our al- JOHN W. NICHOLSON, (SIV) program and to state that additional lies.’’ General, U.S. Army, SIVs are desperately needed. I could not put it any better than Commander, Reso- Throughout my time in uniform, I saw how General Nicholson did. lute Support/United important our in-country allies are in the States Forces—Af- Finally, I would like to quote from a performance of our missions. Many of our Af- ghanistan. letter by General Campbell, who was ghan allies have not only been mission-es- his predecessor. General Campbell said: sential—serving as the eyes and ears of our HEADQUARTERS, I am writing you to express my strongest own troops and often saving American UNITED STATES FORCES—AFGHANISTAN, support for the Special Immigrant Visa (SIV) lives—they have risked their own and their Kabul, Afghanistan. program. families’ lives in the line of duty. Protecting Hon. JOHN MCCAIN, Since our arrival in Afghanistan, U.S. these allies is as much a matter of American Chairman, Armed Services Committee, Forces have relied upon our Afghan partners, national morality as it is American national U.S. Senate, Washington, DC. especially our linguists, to perform our mis- security. I ask for your help in meeting our DEAR MR. CHAIRMAN, I am writing you to sion. They have consistently been there with express my strongest support for the Special obligation by appropriating additional Af- us through the most harrowing ordeals, Immigrant Visa (SIV) program. ghan SIVs to bring our allies to safety in never wavering in their support of our sol- Since our arrival in Afghanistan, U.S. America. diers, our mission, and their own country. It is crucial that Congress act to provide Forces have relied upon our Afghan partners, Many have been injured or killed in the line additional visas for the SIV program. The especially our linguists, to perform our mis- of duty. sion. They have consistently been there with most recent figures from the State Depart- Unfortunately, their support of our mis- us through the most harrowing ordeals, ment suggest that at least 10,000 applicants sion has resulted in our Afghan partners fac- never wavering in their support for our sol- remain in the SIV processing backlog; as our ing threats from insurgent groups through- diers, our mission, and their own country. troop presence in Afghanistan continues, we out the country. They frequently live in fear Many have been injured or killed in the line can expect more endangered Afghan allies to that they or their families will be targeted of duty. seek our help, adding to the backlog. The De- for kidnappings and death. Many have suf- Unfortunately, their support of our mis- partment of State has indicated that an ad- fered this fate already. The SIV program of- sion has resulted in our Afghan partners fac- ditional 4,000 Afghan SIVs for the year would fers hope that their sacrifices on our behalf ing threats from insurgent groups through- allow it to continue to process and issue will not be forgotten. out the country. They frequently live in fear visas in Fiscal Year 2017. If this program that they or their families will be targeted falls far short of the need, it will have seri- Again, those are two compelling for kidnappings and death. Many have suf- ous national security implications. statements. fered this fate already. The SIV program of- I am also concerned that Congress may I will not go further because I see the fers hope that their sacrifices on our behalf limit eligibility for SIV applicants. The U.S. distinguished Senator from Georgia will not be forgotten. military presence in Afghanistan relies on waiting, but I would like to quote from After several ups and downs, the program local partners who serve as translators, secu- correspondence from an individual who remains an extremely important way for the rity personnel, and in a multitude of other I think is the finest military leader United States to protect those who assisted functions. All of these individuals are vital us. By December 2014, the Department of to the U.S. mission, whether they work di- among the many outstanding military State had issued all 4,000 Afghan SIVs allo- rectly or indirectly with U.S. forces. Afghans leaders whom I have had the oppor- cated under the Consolidated Appropriations who served the United States in non-mili- tunity of knowing. This is from GEN Act for Fiscal Year (FY) 2014. As you know, tary capacities or in support of the Depart- David Petraeus, Retired. It is a letter the FY15 National Defense Authorization ment of State face serious threats as a result he wrote. He said: Act provides 4,000 additional SIVs for Afghan of their service. They are currently eligible Throughout my time in uniform, I saw how applicants. The State Department’s Status for the SIV program and their eligibility important our in-country allies are in the of Afghan Special Immigrant Visa Program should remain intact. performance of our missions. Many of our Af- report in April 2015 shows there are more Thank you for your support of the Special ghan allies have not only been mission-es- than 8,000 SIV applications that have been Immigrant Visa program. Congress must en- sential—serving as the eyes and ears of our submitted. Each week, I receive several per- sure that the SIV program for our Afghan al- own troops and often saving American sonal requests and inquiries from linguists lies—one of the only truly non-partisan lives—they have risked their own and their and others who have worked with, or con- issues of the day—meets the needs of those families’ lives in the line of duty. Protecting tinue to work with, U.S. Forces, seeking as- we seek to help. these allies is as much a matter of American sistance with the Afghan SIV program. I in- Sincerely, national morality as it is American national form them how we are working closely with DAVE PETRAEUS. security. I ask for your help in meeting our Congress to obtain adequate SIV allocations Mr. MCCAIN. For the sake of illustra- obligation by appropriating additional Af- each year. This shows just how important tion, I would like to quote from a cou- ghan SIVs to bring our allies to safety in this program remains to our Afghan part- America. ners, as well our own forces. ple of the letters I have. One is from Since I assumed command of the Resolute General Nicholson, who today is our It is signed ‘‘Sincerely, David Support Mission/U.S. Forces-Afghanistan, commander of resolute support, United Petraeus.’’

VerDate Sep 11 2014 03:27 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.010 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3686 CONGRESSIONAL RECORD — SENATE June 9, 2016 Both of the individuals I just quoted As we face these increasing threats, over the next decade unless we do served multiple tours—not one, not though, at the very time we need our something about it. two, sometimes as many as five—in military to be strongest, we are This chart shows the real problem. Iraq and Afghanistan over the last 14 disinvesting in our military. Right now, the problem is not discre- years. These leaders know what the You can see from this chart that over tionary spending, which is actually service and sacrifice of these Afghans the last 30 years or so, we have had down from around 2010—about $1.4 tril- and Iraqis have provided to our mili- three Democratic Presidents, and all lion—down to about $1.1 trillion today. tary at the very risk and loss of their have disinvested in the military for dif- So discretionary spending—now, we lives since they are the No. 1 target of ferent reasons. First we had President may have gotten there the wrong way. the Taliban in Afghanistan. Carter, then we had President Clinton, We used the sequestration to do that. I hope my colleagues, by voice vote, and now we have President Obama. We But I would argue that discretionary will agree to increase the visa program have disinvested in the military to the spending is not where the major prob- so that we can allow these people to point that today we are spending about lem is today. The major probably is in come to the United States of America. 3 percent of our GDP on our military. the mandatory spending—Social Secu- I will end with this. I know that some That is about $600 billion in round rity, Medicare, Medicaid, pension and people come to our country whom we numbers. The 30-year average is 4 per- benefits for Federal employees, and the have some doubts about—their citizen- cent. That difference, that 1 percentage interest on our debt. ship, their commitment to democracy, point of difference, is $200 billion. We have been living in an artificial their adequacy, the kind of people they What I am concerned about is that as world where interest rates have been are. we sit here facing these additional basically zero. We are paying fewer dol- Well, these people have already prov- threats today, we have the smallest lars on the Federal debt today—fewer en their allegiance to the United Army since World War II, the smallest dollars than we were in 2000 when our States of America because they have Navy since World War I, and the oldest debt was one-third of what it is today. put their lives on the line. Some of and smallest Air Force ever. According To deal with the global security cri- them had their family members mur- to the Congressional Budget Office, the sis, we need to be honest about what dered. I have no doubt as to what kind current plan is even worse than that. It our military needs. That gets difficult of citizens of this country they will be. says that in the next 10 years we will sometimes. Today we have national se- I believe that an overwhelming ma- continue to disinvest in our military curity priorities that aren’t getting jority of my colleagues agree that, as down to 2.6 percent of our GDP. That is properly funded, and yet we know we General Nicholson said in his letter, it another estimated $100 billion of reduc- are spending money inefficiently. is a moral obligation. I think we will tion. This is a new low that I believe First of all, we have missions that we all feel better after we get this done. we cannot allow to happen. are not able to maintain. Take a look I note the presence of probably the As we look at our overall defense at the marine expeditionary units most well-informed Member of the U.S. spending authorization levels today in around the world. These are the MEUs Senate on budgetary issues, the Sen- this NDAA bill, we are falling short of around the world. I visited a couple of ator from Georgia. where we need to be based on the these, by the way. Because of defense I yield the floor. threats we face. Don’t just take my cuts, there aren’t enough amphibious The PRESIDING OFFICER (Mr. word for it. The last defense budget ships for the marines to have what is SASSE). The Senator from Georgia. that Secretary Bob Gates actually pro- known as theater reserve force, also Mr. PERDUE. Mr. President, first, I posed was in 2011. That was the last one known as MEUs. As a result, for mis- want to thank the distinguished Sen- proposed before sequestration took sions like crisis response and Embassy ator from Arizona, the chairman of the place, and that was the last defense protection in Africa, for example, we Armed Services Committee, and the budget that was based on the actual as- now have a Special Purpose MAGTF ranking member, Senator REED, for sessment of the threats against our covering this task based on the ground their tireless work in doing God’s work country, not arbitrary budget limita- in Moron, Spain. here, and that is making sure we pro- tions. His estimate at that time for I personally visited with those peo- vide for the needs of our men and this year, fiscal year 2016, was $646 bil- ple. The best—I mean the very best of women in uniform around the world. lion. As for 2017, our top-line estimate America is in uniform around the There are only 6 reasons why 13 Colo- right now—what we are trying to get world taking care of our business and nies got together in the first place. One approved—is $602 billion. That is a far protecting our interests and our free- of those six was to provide for the na- cry. dom here at home. Even this force in tional defense. That is what we are By the way, Secretary Gates’ esti- Moron, Spain, is seeing a cut in their talking about this week. mate was before ISIS, before the fleet size of airplanes. They are self- As we debate the National Defense Benghazi attacks on our Embassy, be- contained. They can get themselves Authorization Act this week, I person- fore Russia seized Crimea, before Rus- from where they are to the point of cri- ally would like to add a little different sia went into the Ukraine, and before sis very quickly, but we are cutting perspective to this debate. China started building islands in the their ability to do that because of limi- In my opinion, today the world is South China Sea. I can go on. How did tations from a financial standpoint. more dangerous than at any time in we get here? Another example is the recapitaliza- my lifetime. We have major threats Today, financially, we have an abso- tion program for the Joint Surveil- from various perspectives. No. 1, we see lute financial catastrophe. In the last 7 lance Target Attack Radar System, or the rise of traditional rivals—Russia, years, we have borrowed about 30 per- what we call JSTARS, the No. 4 acqui- China—and ever-more aggressiveness cent of what we have spent as a Fed- sition priority for the Air Force and a from both. We see the rise of ISIS and eral Government. It is projected that critical provider of ISR ground tar- attendant networks around the coun- over the next 10 years we will again geting and battlefield command and try supporting terrorism and the Is- borrow about 30 percent of what we control to all branches of our military lamic State. We see the proliferation of spend as a Federal Government. in almost every region of the world. nuclear capability among rogue na- My argument has been that we can As the old fleet is reaching the end of tions, such as North Korea and Iran. no longer be just debt hawks; we have its service life, we will have to have a We see the hybrid warfare, including to also be defense hawks. By the way, new fleet come online quickly. The cyber warfare, that is being per- those two can no longer be mutually problem is we are seeing a projected petrated today. What we are not talk- exclusive. gap of 7 years where that capability ing about is the growing arms race in In order to solve the global security will no longer be available in full force space. All this adds to a very dangerous crisis, I believe we have to solve our for the people who need it the most— world and makes it very mobile and own financial debt crisis. We all know people on the ground and in harm’s puts people right here in the United we have $19 trillion of debt today. What way. States in danger, as we have seen al- is worse, though, is that CBO estimates We are not able to fund the military ready. that is going to grow to $30 trillion at the force size we need either. As a

VerDate Sep 11 2014 02:16 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.033 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3687 result, we are putting greater pressure and will not have the training, equip- missions. This means more rotations to on personnel, burning up our troops, ment, and preparation they absolutely national training centers and more ef- putting pressure on families, and elon- need to fulfill their missions as they fective home station training for our gating our deployments. They spend face growing threats. It is time that troops who are being sent into harm’s more time on rotations internationally Washington faces up to this crisis. way around the world. and not enough time with their fami- This is not just about the NDAA. Our military leaders have stressed lies at home, and it is causing prob- This is about the defense of our coun- that readiness is their top priority. lems. It is causing turnover, problems try and the future of our very way of Adequately funding their request for with families, and so forth. life. We simply have to come to grips readiness keeps faith with our service- The forces we have are not getting with this NDAA, pass it, and make sure members and ensures that our men and the training they need. For example, we find a way to address this debt cri- women in uniform have the best chance two-thirds of Army units are only sis so every year going forward we to come home to their loved ones. How- training at the squad and platoon lev- don’t have this drama of finding a way ever, while we have adequately funded els, not in full combat formations. We to fund our military to protect our the Department’s readiness needs, se- have Air Force pilots actually leaving country. We simply have to come to questration has led us to prioritize the service today because they cut grips and set the right priorities re- readiness over DOD modernization. I back so dramatically on training quired to defend our country. believe this is a risky proposition with flights. These examples highlight why I thank the Presiding Officer. respect to ensuring our servicemem- we need to scrutinize every dollar we I yield the floor. bers will have the advanced equipment, spend on defense so we can ensure The PRESIDING OFFICER. The Sen- vehicles, ships, and aircraft to confront these dollars go to our critical require- ator from Iowa. technologically advanced adversaries, ments of protecting our men and Mrs. ERNST. Mr. President, for more such as Russia and China, in a poten- women around the world. than 23 years, I had the great honor of tial future conflict. To that end, we need to improve fis- serving in the Army Reserve and Na- Unfortunately, I believe many have cal accountability at the DOD and tional Guard. It was during this time taken our decades-long technological highlight the needs we are not cur- that I was able to gain firsthand expe- dominance for granted. If we continue rently fulfilling. For example, our De- rience of working alongside the unbe- to fail to adequately fund moderniza- partment of Defense has never been au- lievable men and women in uniform, tion, our servicemembers may pay the dited. Even today, we cannot dictate to whose character, honor, and love of our price for that decision with their lives, the DOD that they provide an audit. country has led them to sacrifice so something none of us want. Can you imagine Walmart doing selflessly for it. During my time in the While I fully agree with the need to that? First of all, the answer is this: military, I had the honor of serving a identify and reduce government spend- We are too big, too complicated, and it tour in Kuwait and Iraq. ing—and especially to eliminate fraud, is just too difficult to do. Can you As a company commander during Op- waste, and abuse in the DOD—we must also ensure funds are allocated in the imagine Walmart calling the SEC and eration Iraqi Freedom, what was so im- proper areas so our troops have the re- saying: Sorry, we are not going to com- portant to me, other than bringing ev- sources they need so they are not out- ply with your requirements. The DOD eryone home, was ensuring my troops classed by our adversaries, who are is not that much bigger than Walmart. received what they needed when they I think we should withhold funds to needed it. Unfortunately, given the na- currently modernizing their capabili- the accountable agency until a plan is ture of war and the learning curve our ties with aims to defeat our country in a potential conflict. produced that would also allow the military had in its first large-scale Due to sequestration and the Bipar- Pentagon to keep track of its military military deployment since Operations tisan Budget Act, this bill is short of Desert Shield and Desert Storm, that equipment. It has been 13 years since what our troops need to defend our did not always happen. However, as the that law was passed, and yet they are country next year and in future years. war went on, our military adapted and still not in compliance. This is all just I believe it is important to keep that in our troops were able to receive the about funding our military, but we also mind while we consider this bill. have to be responsible. The men and equipment they needed to do the job. I was sorely disappointed that the women in uniform and on the Even though I am now retired from Senate did not come together in a bi- frontlines deserve that. the military, I still have the privilege partisan fashion and stop short- Finally, to address a critical need we of serving our men and women in uni- changing our troops and their families discussed earlier, JSTARS, Senator form, just in a different capacity, as a through the arbitrary caps set through ISAKSON and I have been working to get Senator and a member of the Armed sequestration. That was a missed op- the replacement fleet ready to go soon- Services Committee. It has been an portunity. The threats the Nation and er rather than later to eliminate this honor to work with Chairman MCCAIN, our troops face are too great for par- gap. This fleet must get online faster Ranking Member REED, and the other tisan bickering, shortsightedness, and than the current plan or we face a po- distinguished members of the com- the abdication of one of our core re- tential 7-year gap. mittee on another vital annual Defense sponsibilities, which is to provide for I am committed to ensuring that we bill. our military. have what we need to support our serv- Over the past year, my colleagues I wish to talk also about a few of the ice men and women around the world. and I have worked to produce a bill provisions included in the NDAA that I These efforts will make the Pentagon that enhances the capabilities of our crafted. During the process, I was able accountable and focus funds on critical military to face current and future to author nearly two dozen provisions priorities. This debate is all about set- threats. This bill will impart much ranging from improving the profes- ting the right priorities, not just here needed efficiencies in the Department sionalism of military judge advocates at home with the military but also of Defense that will result in saving and military intelligence professionals with other domestic programs and American taxpayer dollars and allow to making retaliation against sexual mandatory expenditures. This debate is the Department to provide greater sup- assault victims its own crime and en- all about setting the right priorities to port to our warfighters through elimi- hancing DOD program management. make sure we can do what the Con- nating unnecessary overhead, stream- As I stated repeatedly, one area of stitution calls on us to do, and that is lining Department functions, reducing focus for me is working to prevent sex- to provide for the national defense. unnecessary general officer billets, and ual assault in the military. While we The national debt crisis and our glob- modernizing the military health care have seen progress, there are still steps al security crisis are interlocked inex- system. that must be taken to improve the sys- tricably. We are not going to solve the Furthermore, we have found ways to tem and the overall culture. One of my dilemma of providing for national de- enhance the capabilities of our provisions would help enhance the fense until we solve this national debt warfighters, ensuring our troops have military prosecutors and JAGs to bet- crisis. Our servicemen, servicewomen, the training opportunities in order to ter ensure that victims of sexual as- and combatant commanders don’t have be prepared to execute their assigned sault and other crimes will know their

VerDate Sep 11 2014 02:16 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.035 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3688 CONGRESSIONAL RECORD — SENATE June 9, 2016 case is in good, well-trained, and expe- SESSIONS and his staff worked closely tions secure dangerous pathogens. In rienced hands. together with me and my staff in devel- the case of the Ebola epidemic, the pro- Also included in this bill is a provi- oping elements of the bill pertaining to gram was able to help the 101st Air- sion I authored with Senator MCCAS- the Strategic Forces Subcommittee. borne Division develop rapid field KILL of Missouri, which combats retal- Together with our colleagues on the diagnostics to quickly screen infected iation within our military. We cannot subcommittee, we have built bipartisan patients from those who simply had a allow any retaliation against survivors consensus on some of the most impor- fever unrelated to the disease. Many who come forward seeking justice, and tant issues in this bill—no small feat have credited this program’s quick re- this provision will work to curb the when we are talking about things like sponse, combined with the capabilities culture of retaliation in our ranks. nuclear weapons and defending against of the 101st Airborne, with reversing Other provisions I pushed to have in- missile threats from Iran and North the tide of the Ebola epidemic before it cluded in the committee report seek to Korea. spread to large cities. bring greater military intelligence sup- I also thank the tremendous profes- In the area of cutting-edge port to our warfighters by ending sionals on our staff, both Republican hypersonic systems, the bill provides growth in headquarters elements and and Democratic, whose expertise and full funding for programs like conven- pushing that support down to those dedication to serving the national in- tional prompt strike that aim to even military intelligence units providing terest are essential to this bill’s suc- the global playing field on hypersonic direct support to our warfighters. Not cess. systems development. only do these report language provi- In developing the base language for According to public reports, Russia sions seek to enhance support to our the NDAA, the Strategic Forces Sub- and China are prioritizing the develop- men and women defending our Nation committee held five hearings and a ment of hypersonic weapons and mak- on the frontlines, but they would also number of briefings on topics ranging ing troubling progress relative to our own. If we are to maintain our Nation’s create safeguards which will help en- from nuclear policy and deterrence, to technological edge over our potential sure your taxpayer dollars are being missile defense, to protecting our sat- adversaries, we need to invest in this spent properly within the DOD. ellites in space during a time of in- This bill also includes my Program creasing threats from potential adver- critical area of research and develop- Management Improvement Account- saries who seek to exploit the fragile ment. While the House authorizers and ap- ability Act, which is a bipartisan piece nature of these assets. propriators have also fully funded con- In the area of nuclear forces, our sub- of legislation that solves problems with ventional prompt strike, I am surprised committee has prioritized the need to program and project management that and troubled to see that the Senate Ap- update our Nation’s nuclear command have plagued the Federal Government propriations Committee has proposed and control infrastructure to ensure for decades, especially in the Depart- cutting this program by almost half. I our ability to communicate with our ment of Defense. We have read about hope to work with my colleagues on these failures in the media, IG reports, nuclear forces in times of national cri- both sides of the aisle to address this and the GAO High Risk List. Many sis. issue and restore full funding to con- We have also examined the role of projects are grossly overbudget, de- ventional prompt strike in the coming our Nation’s deterrence policy toward layed, or do not meet previously stated months. goals. Russia and made available $28 million In the area of electronic warfare, our Ultimately, by strengthening its pro- to shore up our NATO nuclear mission, subcommittee has required the Com- gram management policies, the DOD over and above the funding for the Eu- mander of U.S. Strategic Command to and other Federal agencies will better ropean Reassurance Initiative. These coordinate and develop joint execution account for and utilize taxpayer dol- funds will help provide much needed plans to operate and fight in a domain lars. It will also improve its ability to upgrades to the readiness of our dual- that includes electronic jamming and complete projects on time and on budg- capable aircraft and other activities to other means that disrupt our fragile et, which leads to getting our troops exercise our nuclear mission in support electronic systems. Russia has a long- the advanced equipment and weapons of NATO. established doctrine in this area, but they need as soon as possible. Within the Department of Energy’s ours has been lacking. This provision In closing, I want to thank again my National Nuclear Security Administra- will help reverse that trend. colleagues for their work on this bill, tion, we continue to fully authorize the In the area of missile defense, the but most of all, I thank our men and W–76 submarine missile warhead life subcommittee has fully authorized the women in uniform, and I want them to extension program, where upward of President’s budget request for the Mis- know that we stand with them in their two-thirds of our deterrent will exist sile Defense Agency and authorized ad- defense of this great country and all upon full implementation of the New ditional funding for key development that it stands for. START Treaty. areas, including the redesigned kill ve- With that, I yield the floor. We also continue to life-extend the hicle, the multi-object kill vehicle, and The PRESIDING OFFICER. The Sen- B61 gravity bomb in support of our an improved ground-based interceptor ator from Indiana. NATO allies, and we have fully author- booster. Mr. DONNELLY. Mr. President, as ized the life extension of the W80 cruise The NDAA also requires a review of we continue to debate this year’s Na- missile warhead, which will support DOD’s strategy and capabilities for tional Defense Authorization Act on the air leg of our triad. countering cruise and ballistic missiles the floor this week, I want to take a The subcommittee has continued full before they are launched, and it directs few minutes as the ranking member of support for the Nunn-Lugar Coopera- the MDA to conduct a flight test of the the Armed Services Strategic Forces tive Threat Reduction Program, which GMD system at least once each fiscal Subcommittee to discuss provisions of marks its 25th anniversary this year. I year. The bill provides funding above the bill that relate to our Nation’s nu- would like to thank Senator Lugar and and beyond the President’s budget re- clear deterrent and nonproliferation Senator Nunn for their extraordinary quest for our collaborative missile de- programs, missile defense, and space service to this Nation. This program, fense programs with Israel, including programs. named for my fellow Hoosier prede- Iron Dome, David’s Sling, and Arrow I want to start by thanking all the cessor, Senator Richard Lugar, com- systems. However, given the threat members of the Strategic Forces Sub- bats nuclear proliferation by helping posed by Iran’s growing ballistic mis- committee for putting in another year nations detect nuclear materials cross- sile arsenal, I believe these programs of hard work. I would especially like to ing their borders and by securing nu- require additional funding, particu- thank our Subcommittee Chairman, clear materials in their countries to larly for procurement related to Da- my colleague from Alabama, Senator keep them out of the hands of terror- vid’s Sling and the Arrow systems. SESSIONS, for the strong partnership we ists. These programs are more important have built over the past 2 years in lead- In addition to working with nuclear than ever and have my full support. ing this committee together. I want material, the program also addresses In the area of space, the NDAA ad- my colleagues to note that Senator biological threats, helping other na- dresses a number of important issues

VerDate Sep 11 2014 02:16 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.036 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3689 related to our critical satellite-based lion and divert funds from developing financial aid office. Neither one of capabilities. This week we commemo- an American-made replacement engine them came from families that could rated the 72nd anniversary of D-day. and launch system to paying for these simply write checks for tuition. In a Anyone who knows the history of the more expensive Delta launches. At a statement mourning her passing, the Normandy invasion knows how critical time when we continue to face budg- President and First Lady remembered a role weather forecasting can play in etary challenges in defense and domes- Ms. Butts and said as ‘‘a citizen, al- the success or failure of a mission. This tic spending, this is a cost and a risk ways pushing, always doing her part to year’s bill pays close attention to we don’t need. advance the causes of opportunity, DOD’s ability to provide weather data With that in mind, I support the bi- civil rights, development, and democ- to our troops around the world, par- partisan amendment No. 4509 offered by racy.’’ ticularly in CENTCOM’s area of re- my colleagues Senator NELSON and ‘‘Cassandra,’’ the Obama’s wrote, sponsibility. Our current fleet of Senator GARDNER. This amendment ‘‘was someone who put her hands weather satellites is aging, and our grants DOD access to only those Rus- squarely on that arc of the moral uni- subcommittee has taken DOD to task sian engines it needs between now and verse, and never stopped doing what- for its failure to adequately plan for 2022, when the Department has said a ever she could to bend it toward jus- the upcoming gap in cloud cover data replacement will be ready. I believe tice.’’ over the Indian Ocean. this is the most responsible approach They continued. ‘‘To know Cassandra Whether we are talking about GPS, to a very difficult issue. Butts was to know someone who made weather surveillance, or communica- Let me close by again thanking Sen- you want to be better.’’ Ms. Butts tions, our Nation’s space-based capa- ator SESSIONS for the productive and began her distinguished career in pub- bilities are fundamentally dependent bipartisan relationship we have had on lic service about a year after grad- on our ability to get to space. There is the subcommittee. I also thank our full uating law school. She worked as legal no question that we must maintain the committee chairman, Senator MCCAIN, counsel to U.S. Senator Harris Wofford. ability to send national security sat- and our ranking member, Senator After the Senate, she went to the ellites into space with launch systems REED, for their leadership and their NAACP Legal Defense and Education that are affordable and, above all, su- dedication to strengthening our na- Fund, following in the footsteps of one premely reliable. tional security and caring for our mili- of her heroes, former U.S. Justice We learned a hard lesson on reli- tary. Thurgood Marshall. ability in the late 1990s when we lost I look forward to working with my She returned to Capitol Hill in 1996 three national security satellites to colleagues to pass this important legis- as a senior adviser to House Majority launch failures. Those failures cost the lation and to see it signed into law. Leader Dick Gephardt and the House taxpayer more than $3 billion and lost Mr. President, I yield back any re- Democratic policy committee. From our Nation a critical communications maining time that has been allotted. 2004 to 2008, she served as Senior Vice capability that we didn’t replace for I suggest the absence of a quorum. President for Domestic Policy at the more than a decade. Subsequently, The PRESIDING OFFICER. The Center for American Progress—with a years of monopoly in DOD space launch clerk will call the roll. few breaks in service to help her old taught us a hard lesson about the ne- The legislative clerk proceeded to friend. When Barack Obama was elect- cessity of competition for keeping call the roll. ed to the Senate in 2004, Cassandra costs down. Mr. DURBIN. Mr. President, I ask Butts was there, helping him to get his While we all agree on the need to unanimous consent that the order for office up and running. maintain what is known as assured ac- the quorum call be rescinded. Later, she helped her old friend the cess to space, how we best meet that The PRESIDING OFFICER. Without President launch his historic Presi- goal has become a topic of debate, par- objection, it is so ordered. dential campaign. When he won, Cas- ticularly since our deteriorating rela- REMEMBERING CASSANDRA QUIN BUTTS sandra Butts was there again to offer tionship with Russia put a spotlight on Mr. DURBIN. Mr. President, almost a advice on transition. She stayed on to the fact that DOD uses Russian rocket year ago exactly I met with a remark- serve the President as Deputy White engines in many of its space launches. able woman. She was wise, gracious, House Counsel. Among the lasting We need to end our Nation’s reliance and funny, but I think what struck me marks she leaves on our democracy, on Russian engines with the develop- the most about her was her idealism. Cassandra Butts helped shepherd ment of an American-made alternative. Cassandra Quin Butts believed in the through this Senate the nomination of We have studied the facts on this issue revolutionary promise on which our the first Latina ever to serve on the in painstaking detail on the Strategic Nation was founded; that all men and U.S. Supreme Court, Justice Sonia Forces Subcommittee for not just women are created equal. She spent her Sotomayor. months, but years. The fact is, if we entire working life trying to expand Ms. Butts was a remarkably humble want to end our reliance on Russian that premise. person, especially for one who worked engines without jeopardizing the reli- On the day we met, her nomination so close to power. She left the White ability and affordability that are essen- to serve as U.S. Ambassador to the Ba- House in November 2009 to serve as tial to a successful launch program, it hamas had been blocked for more than Senior Advisor at the Millennium is going to take another few years. a year for reasons entirely unrelated to Challenge Corporation. During her I am not satisfied with that. I want her qualifications. That did not make time there, she kept an exhausting to see it happen faster. In the mean- her cynical. It did not diminish her de- schedule, traveling to some of the poor- time, though, we have to take seri- sire to serve. She just wanted to know est places on Earth, searching for inno- ously the warnings of our military and if there was anything she could do to vative ways to use America’s leader- intelligence community that elimi- help. It was typical. Cassandra Butts ship and ingenuity to help lift des- nating access to the RD–180 engine pre- asked the question, How can I help? perately poor people, especially women maturely, before a replacement is Sadly, Ms. Butts will never receive and children, out of crushing poverty. ready to fly, would seriously under- the vote she deserved on her nomina- It saddens me that Ms. Butts never mine our national security interests. tion to be Ambassador. She died over a had the opportunity to serve as Ambas- As it currently stands, the NDAA week ago at the far-too-young age of sador because she could have had so would ban the use of RD–180 engines 50. She felt ill for a few days, had seen many ideas that she would have years before a replacement is ready and a doctor, and died peacefully in her brought to represent America’s values instead rely on the more expensive sleep before learning of her diagnosis, and help the people of the Bahamas. Delta rocket to fill the gap. I respect acute leukemia. She had hoped that being an African- the careful thought behind this pro- Cassandra Butts was a longtime American woman, it would help to un- posal and the effort to ensure that we friend of President Obama and First derscore America’s commitment to don’t create a capability gap. Ulti- Lady Michelle Obama. Ms. Butts and equality. While he waited for a vote on mately this approach, though, would the future President met during their her nomination, Cassandra Butts rep- cost the taxpayer an additional $1.5 bil- first days of Harvard Law School in the resented our Nation well on the world

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The estimate in the Washington friend of the President and First Lady, March 23 of 2016, Paul Lewis, the Spe- Post report says that these detainees but that was only part of the story. cial Envoy for Guantanamo Detention have killed about a half dozen Ameri- Cassandra Butts was a friend to count- Closure, testified before the House For- cans. less people around the world, from the eign Affairs Committee that there have Why should the American people famous to the voiceless. She was a been Americans who have died because have to rely on the ability of the Wash- seeker of truth and justice. She was of Guantanamo Bay detainees. He was ington Post to talk to people off the also warm and funny, smart and pas- asked about this in this House hearing. record to try to find out exactly what sionate, deeply decent. She loved jazz, My assumption is one of the reasons he the activities are of these terrorists the UNC Tar Heels, fast cars, especially was asked about it is because 30 per- whom the administration continues to her BMW. cent of those who were held at Guanta- release without full information to the She left this world too soon and she namo—terrorists who have been re- American people? I appreciate the re- will be missed. Loretta and I wish to leased from Guantanamo—are sus- porting of the Washington Post, but I extend our condolences to her many pected or confirmed of reengaging in believe the American people deserve an friends and family, especially her terrorism. Apparently, Mr. Lewis was answer directly from this administra- mother Mae Karim, her father Charles asked, and he said there have been tion. Since Mr. Lewis testified that Norman Butts, her sister and brother- Americans who have died because of Guantanamo detainees have been in- in-law, Deidra and Frank Abbott, her Guantanamo detainees who have been volved in killing Americans, the ad- two nephews whom she adored, Austin released. ministration has released 11 more de- and Ethan Abbott. So a fair question—a very important tainees from Guantanamo, with more It is a sad reality that as I stand here question—is to understand what these than two dozen likely to be released in today and pick up this publication on former detainees have done in terms of the coming months. Again, 30 percent the desk of every Senator, the Execu- attacking Americans or our NATO al- are suspected or confirmed of re- tive Calendar for the Senate of the lies who have worked with us to fight engaging in terrorism—people such as United States, and turn to look at it terrorists in places around the world. Ibrahim al-Qosi, affiliated with Al closely, I find in this calendar, on page That was a question I posed to this ad- Qaeda in the Arabian Peninsula, who 5, the name of Cassandra Butts, wait- ministration. Based on what Mr. Lewis, was released by this administration in ing for the Senate to approve her posi- who is the Special Envoy for Guanta- 2012 to Sudan. He has joined back up tion as the Ambassador to the Baha- namo Detention Closure said, I asked with Al Qaeda in the Arabian Penin- mas. the administration for information sula, which is headquartered in Yemen. She waited and waited and waited. about those who have been killed by Previously, what has been revealed about him publicly is that he trained Eventually she passed away, waiting Guantanamo detainees. On May 23 the at a notorious Al Qaeda camp as a on the Senate Calendar to serve this administration responded to me, but member of Osama bin Laden’s elite se- country. When the Senators who had a their answers to my questions were classified in such a way that even my curity detail. hold on her for all this period of time What is more troubling is that he is staff with a top secret security clear- were asked: Why? Why did you hold up now back with Al Qaeda in the Arabian ance could not review the response. I this woman, one of them was very can- Peninsula. He is a leader and a spokes- did and said: We knew she was close to was able to review the response. man for this group, and he is urging at- What I want to be able to do is to the President, and if we stopped her, tacks on American and our allies. That give information to the American peo- we knew the President would feel the is what is at stake when we think ple so they can understand the re- pain. I hope today we all feel the pain about the security of the American sponse, because this administration that this lady can no longer have the people. Yet the policy that this admin- continues to push to close Guanta- distinction of ending her fabulous pub- istration and this President keep push- namo. They continue to release terror- lic career as our Ambassador rep- ing is to close Guantanamo. They are ists from Guantanamo to countries resenting the United States to the Ba- trying to take de facto steps to close hamas. around the world, and they continue to Guantanamo by releasing people with- I yield the floor. refuse to tell the American people— out information to the American peo- The PRESIDING OFFICER (Mr. hiding behind classification—who the ple. HOEVEN). The Senator from New Hamp- people are who are being released in In this Defense authorization bill shire. terms of their backgrounds and in that is pending on the floor, in the Ms. AYOTTE. Mr. President, I come terms terrorist affiliations. They have Armed Services Committee I have in- to the Senate floor to talk about an been releasing a name and the country cluded a provision that would prohibit issue I have worked on for a number of they are transferred to—but no infor- international release or transfer of any years and something I feel very strong- mation to the American people about detainee from Guantanamo until the ly about; that is, our detention and in- the terrorist background of these indi- Department of Defense submits to Con- terrogation policy. Since this adminis- viduals, no information to the Amer- gress an unclassified report on the indi- tration has gotten into office, based on ican people about how these individ- vidual’s previous terrorist activities a campaign promise, the President has uals have been released, what they and affiliations, as well as their sup- sought to close Guantanamo Bay. have been engaged in, and whether port or participation in attacks against This administration has continued to they have been engaged in prior at- the United States or our allies. release individuals held at Guanta- tacks on Americans or our allies. I be- The administration keeps claiming namo—dangerous terrorists, with back- lieve the American people have a right that it is in the best interests of the grounds, whether it is involvement to know. United States—in our national security with Al Qaeda or involvement with the On Tuesday I also wrote a followup interests—to close Guantanamo. Taliban or other groups. Just recently, letter to the President urging him to I fully disagree with that argument. they have released another 11 individ- provide without delay an unclassified But if that is what they really believe, uals from Guantanamo Bay. One of the response to understand how many why have they not told the American issues that has troubled me most about Americans and our NATO partners people, when they release the terrorists this is that I think it is very important have been killed by former Guanta- who are held at Guantanamo, whom the American people know what is namo detainees and which former de- these people have been involved with going on, but so much of this is hap- tainees committed these terrorist at- and whether they have been involved pening in the cloak of darkness. So tacks, so we can understand what we with attacks on Americans or our al- much of it is an unwillingness of this are facing. lies. Instead, they give the name and

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And in the negotiations Acting Director of the Central Intel- ican people why they believe in trans- that I have been trying to move for- ligence Agency; Michael Rogers, ferring or releasing these terrorists to ward so I could satisfy the appropri- former chairman of the House Perma- third-party countries, and they will ators, there is no doubt who has the nent Select Committee on Intelligence; tell the American people the truth veto power. We know who they are ADM James Stavridis, former Supreme about who is being released and what talking to—the people I am negotiating Allied Commander at NATO. These in- they have been involved in. I think the with—Boeing, Lockheed, and the outfit dividuals have some credibility—more American people, if they know that in- called ULA, which is the two of them. on this issue, I think, than almost any- formation, will side with my view of This is a classic example of the influ- body else. this, which is that to close Guanta- ence of special interests over the Na- Let me tell you what they write. And namo—especially by releasing dan- tion’s priorities. But more impor- this letter is to Senator REED and me: gerous individuals who are there, with tantly, they are so greedy that they We write to endorse the bipartisan effort 30 percent of them suspected or con- were willing to put millions of dollars you both have led to include language in the firmed of getting back into battle—is into the pockets of these individuals, National Defense Authorization Act to phase against our national security interests out U.S. reliance on Russian technology for two of whom have been sanctioned by the space launch systems that deliver our and makes us less safe. the United States of America and one vital and most sensitive satellites. I ask, no matter where you stand in of whom has been sanctioned by the this body on the closure of Guanta- They go on to talk about how impor- EU—cronies of Vladimir Putin. It is tant reliable access to space is. I am namo, don’t we owe it to the American really remarkable, this nexus of special people to tell them? When they are re- continuing to quote now from their let- interests that end up profiting for ter: leasing individuals from Guantanamo, these individuals millions of dollars, Fortunately, we now have an American in- doesn’t the administration owe to the which I will talk about in a minute. American people what terrorist group dustrial base with multiple providers that Really, my friends, I say again that can produce All-American-made rocket en- this person is affiliated with? Has this this is why we see the American people gines. person ever been involved with the at- being cynical about Washington—this And these are people such as the head tack of Americans or our allies? Don’t tight relationship between this con- of the Central Intelligence Agency say- the American people deserve this basic glomerate of two of the biggest defense information? ing, ‘‘There is no need to rely on industries in America—Boeing and Putin’s Russia for this sensitive, crit- The American people need to know Lockheed—and we end up with an ex- who is being released, why they are ical technology.’’ penditure of tens of millions of tax- The letter goes on to talk about Rus- dangerous, and what is happening in payer dollars. It is really remarkable. terms of our national security inter- sia’s aggressive intervention in In the authorization bill we put a Ukraine and Crimea, and meddling in ests, because I believe they are being strict limit on it, and in the Com- undermined greatly by continuing to Syria. Quoting again from the letter: mittee on Appropriations, which we al- The threat from Russia is rising, as the release terrorists who get back in the ready know about, it is basically an fight. The last thing our men and committee knows well. Last summer, Chair- open door. So that is why I was trying man of the Joint Chiefs of Staff General Jo- women in uniform or any of our allies and will continue to try to have a sim- seph Dunford said that Russia poses an ‘‘ex- should see is a terrorist whom we had ple amendment which says that we will istential’’ threat to the United States, call- previously captured and was at Guan- not provide money to any company or ing Russia’s actions ‘‘nothing short of alarm- tanamo. corporation that would then profit ing.’’ I hope the administration will live up these people who have been sanctioned The list goes on and on about other to its transparency policy, because by the United States of America in two things. But here is a very important when it comes to releasing dangerous cases, and in one case by the European point from these experts: detainees from Guantanamo—some of Union. Why have they been sanctioned? For years, Russia has helped fund its grow- whom have gotten back in the fight, Because of their invasion of the ing military with capital derived from the and 30 percent are suspected or con- Ukraine. sale of rocket engines to the United States. firmed of getting back in the fight of So when we talk about things that Russian officials have referred to U.S. pur- terrorism against us—the American chases of these engines as ‘‘free money’’ for are unsavory, this is probably one of modernizing its missile sector, and have fre- people deserve information about what the most unsavory issues I have been is happening and what danger these in- quently leveraged the Department of De- involved in during my many years fense’s dependence on these engines as a bar- dividuals pose to us and our allies. here. It was 2 years ago when Vladimir gaining chip in unrelated foreign policy dis- I yield the floor. Putin began his campaign in Eastern putes. Mr. MCCAIN. Mr. President, I suggest Europe, dismembering a sovereign na- They go on to talk about the Defense the absence of a quorum. The PRESIDING OFFICER. The tion. Today, we are facing an increas- authorization bill for the last 2 years clerk will call the roll. ingly belligerent Russian Government, passing new legislation to address this The senior assistant legislative clerk and we know that Putin continues to national security challenge. And they proceeded to call the roll. occupy Ukraine, he threatens our say: Mr. MCCAIN. Mr. President, I ask NATO allies, and he bombs U.S.-backed Under a proposed congressional transition unanimous consent that the order for forces in Syria that are fighting plan, the Russian engine would be phased out against Bashar Assad’s murderous re- no earlier than 2020. the quorum call be rescinded. We believe this proposed policy is wise and The PRESIDING OFFICER. Without gime. His tactical fighter jets buzz, with impunity, U.S. ships in the Baltic, would prevent unnecessary expenditures on objection, it is so ordered. Russian-made rocket engines in support of The Senator from Arizona. putting the lives of U.S. personnel at Russia’s industrial base. This policy guaran- Mr. MCCAIN. Mr. President, I think risk, and all the while American tax- tees assured access to space by increasing re- it is very obvious that in the author- payers continue to spend hundreds of liance on existing, American-made systems, ization bill we placed limitations on millions of dollars to subsidize Russia’s providing an eminently reasonable solution the use of Russian rocket engines. It is military industrial complex. to ending Russia’s involvement in the De- already known that in the appropria- You don’t have to take my word for partment of Defense’s space launch program. tions bill there is basically an unlim- it. You don’t have to take my word for I want to tell my colleagues that this ited purchase of Russian rocket en- it. Here is a letter I received a few days comes from both sides—Republican and gines, much to the testimony of the ago. And let me tell you who has Democrat administrations—and from military-industrial-congressional com- signed it before I read it: The Honor- some of the most reliable intelligence plex. able Leon Panetta, former Secretary of people we have ever had serve our I will be showing how Russians who Defense; GEN Michael Hayden, former country: Leon Panetta, General Hay- have been sanctioned by the United Director of the Central Intelligence den, Michael Morell, Michael Rogers,

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In fact, the their launches in Alabama and, guess is a former KGB agent who was sta- money wasn’t misallocated; it simply what, their headquarters in . tioned with Putin in Communist East disappeared. The report cited gross fi- Guess who is leading the charge to con- Germany during the 1980s. The two nancial violations, such as improper tinuing to place basically unending de- lived together in an apartment com- use of funds, misuse of appropriated pendence on Russian rockets. Guess plex in Dresden. Chemezov is said to be funds, and violations in financial re- who. You can draw your own conclu- Putin’s KGB mentor. Chemezov ac- porting methods. The number was so sion. knowledges that his ties to Putin gave high that Russian auditors at first So let me go on. Let’s talk about him a competitive business advantage, thought they must be wrong. They fi- these individuals for a minute. I would but the truth is that his meteoric rise nally concluded that ‘‘[the original like to discuss how continuing to buy was fueled by a series of Kremlin- Roscosmos organization] is among the these RD–180 engines would have us do backed takeovers of prominent Russian biggest and least disciplined [of gov- business with a Russian Government companies, and now Roscosmos has ernment agencies] that blatantly ig- and directly enrich Putin’s closest been added to the list. Both Chemezov nore regulatory requirements and best friends who are a group of corrupt cro- and his state-owned defense corpora- practices in state procurement orders.’’ nies and government apparatchiks, in- tion Rostec are targeted by U.S. sanc- And this is from Russia’s own internal cluding persons the United States and tions. I repeat, they and his company government watchdog, the rough the European Union have sanctioned in are targeted by U.S. sanctions, as is equivalent of the U.S. Government Ac- relation to Russia’s invasion of the Rostec-owned bank Novikombank, countability Office, GAO. Ukraine and the annexation of Crimea. which finances Roscosmos’s operations. My friends, as conscientious Ameri- With the swift stroke of a pen just a Next in the organizational chart we cans, we simply cannot continue to do few days ago, on May 12, 2016, Putin have Igor Komarov, who will serve as business with this group of self-admit- signed a decree that reorganized Rus- Roscosmos’ chief executive officer. He ted swindlers and crooks. We cannot sia’s entire Russian space industry and has been sanctioned by the European support a Russian space agency that is consolidated all of its assets under a Union. Recently, he was the head of financed by a sanctioned Russian bank, massive ‘‘state corporation’’ called Russia’s largest car manufacturer. This owned by a sanctioned Russian defense Roscosmos. Under Putin’s directive, car manufacturer also happened to be company, and controlled by a sanc- Roscosmos swallows up these other taken over by Chemezov’s behemoth tioned Russian CEO who also happens outfits—the Russian launch company defense corporation Rostec, and to be a former KGB agent and close that supplies the rockets to, guess who, Chemezov later served on the com- personal friend of Vladimir Putin’s. It is time we found the moral courage United Launch Alliance. This new pany’s board as both chairman and dep- to end our reckless dependency on Rus- state-owned space corruption, in fact, uty chairman. Komarov is Chemezov’s sian technology before the Russian swallows up dozens of other Russian prote´ge´. Government ends it for us. Rogozin has companies. To put it simply, Chemezov hand- To be clear, Roscosmos is not a pri- picked Komarov—a man with little or already threatened to cut off our ac- vately owned corporation facilitating no experience in the space industry—to cess to space. Just last year, he de- business with the Russian Government. run Roscosmos. Chemezov leveraged clared: It is the Russian Government. As a his position as CEO of Rostec and his We are not going to deliver the RD–180 en- gines if the United States will use them for state corporation, it furthers state pol- access to Putin to make sure that non-civil purposes. We also may discontinue icy and is controlled by apparatchiks Roscosmos’s new head is someone he servicing the engines that were already de- who have agency authority from Putin can control. This gives Chemezov the livered to the United States. to do his bidding. So there should be no ability to manage Roscosmos from the Despite these threats, we still man- confusion; Roscosmos is part of the shadows, much as he has done with age to funnel hundreds of millions of very same military industrial base that Russia’s defense industry. Think of dollars to Chemezov, Komarov, conducts bloody operations in Ukraine Komarov’s relationship to Chemezov as Rogozin, and countless other Russian and Syria. Dmitry Medvedev’s relationship to stooges just like them. We continue to Under Roscosmos, Putin is no longer Putin. supply Vladimir Putin with the very using Russian shell companies or off- Finally, we have Dmitry Rogozin. capital he needs to wage his deadly shore corporations to sell Russian Yet another target of U.S. sanctions, shadow war in Europe and the Middle rocket engines to line the pockets of Rogozin has served as Deputy Prime East. We don’t need to buy any more his most trusted friends. Roscosmos is Minister of the Russian Federation and engines from Russia. The Secretary of directly controlled by many of them. If as the so-called space czar since 2011. Defense, the Secretary of the Air you look at their highest level, the in- Remember, he has been sanctioned by Force, and the Director of National In- dividuals who control the company the United States of America; he is telligence have all testified to that look like a who’s who of U.S. sanc- now the space czar in Russia. He is also point before the Senate Armed Serv- tions—officers and directors who have the chairman of Roscosmos’s board of ices Committee. Former Secretary of been individually sanctioned by the directors and has overseen the transi- Defense and Director of the CIA Leon United States or the European Union tion of Roscosmos into its new form, a Panetta, former CIA Director and NSA or control other companies that have massive state-owned corporation. Director Michael Hayden, former Dep- been similarly sanctioned in connec- Not surprisingly, during his tenure, uty CIA Director Mike Morell, and oth- tion with Russia’s invasion of Ukraine. Rogozin has been part of a period of un- ers, including the former European Let’s start with Sergey Chemezov. precedented corruption. He has pub- Command commander and others, all There he is. Sergey Chemezov is the licly acknowledged ‘‘a systemic crisis endorse our efforts in this bill to re- man at the very top of this chart. from which the space agency is yet to sponsibly end our reliance on Russian Chemezov is the most influential mem- emerge.’’ He also attributes recent fi- rocket engines. ber of the Roscosmos supervisory board nancial scandals and criminal activi- I am here to tell you that we are sub- and appears to finance operations of ties to a ‘‘moral decline of space indus- sidizing the Russian military indus- Roscosmos through a bank he controls try managers.’’ I want to emphasize trial complex at the expense of our own as part of his giant, state-owned de- this. These are Rogozin’s words, not national interests, and we must end fense corporation, Rostec. mine. The Russian space czar, who has this dangerous addiction before it is As CEO of Rostec, Chemezov controls overseen the restructuring of too late. roughly two-thirds of Russia’s defense Roscosmos, publicly admits that indi- So here we are, my friends, with a sector and employs more than 900,000 viduals running the state-owned cor- blatant, incredible story of people who

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They are the ones into this to put in their own version, which tion, there are assets that will protect whose pockets go the hundreds of mil- is obviously controlled by Alabama and the people of this country that we may lions of dollars we spend on these Rus- Illinois. not be able to put into space. And if we sian rockets. So that is what is wrong with this do, in this bill is language that will We have this incredible alliance of system. That is what is wrong with cost up to $1.5 billion because that is Boeing and United that is unbelievable this body. That is what is wrong. And what this bill will force to be done— in this consortium of the two biggest the American people are beginning to legislation that will result in a $1.5 bil- defense industries in America that has figure it out, and they don’t like it, lion to $5 billion tax increase. such control over this body that we and they shouldn’t like it. I just supported an amendment to will continue to subsidize and pay hun- I pointed out yesterday—and lost a add dollars to our defense and security dreds of millions of American dollars vote—that in 1992 we spent $20 million because I believe it is important that to corrupt crooks—people and money on medical research out of the Defense the men and women of this country that will fuel Putin’s activities. And appropriations, out of American tax have the tools and the resources they we all know that his indiscriminate dollars. Today, it is $1 billion worth of need to protect and defend themselves. bombing in Syria is slaughtering thou- medical research, most of which has I supported that—billions of new dol- sands of innocent people and driving nothing to do with the men and women lars. Yet the actions under this bill thousands into refugee situations. It is who are serving this country. would cost the American taxpayers Vladimir Putin who is bombing the I note the presence of the Senator somewhere between $1.5 billion and $5 people we train and equip. from Colorado. I am sure he may even billion in more money. While we are By the way, as we might have seen in know these individuals. I would like for adding more money, we are taking it the last couple of days, Bashar al- him to meet them, because they are away with passage of this act, while re- Assad has said that there is going to be crooks. They are crooks, they are cor- ducing reliability, reducing access to no peace, that he is going to regain rupt, and they are butchers. So I would space, and reducing competition. I be- control of the entire country of Syria, like for him to meet them as he con- lieve as organizations like the Tea making a farce and a joke out of the tinues to advocate for the status quo, Party Patriots, organizations like AEI, so-called ceasefire that was orches- which is a totally unacceptable expend- organizations across the country that trated by our Secretary of State, who iture of American tax dollars which, believe we can do better, that we went to Moscow on bended knee to beg indeed, are used to kill Americans. should keep competition, that we his buddy Lavrov to agree to a That is a heavy responsibility, I would should keep reliability—those are the ceasefire that really never existed. say to my new friend in the Senate, the things we believe in. The point is, we do have a supply of Senator from Colorado. That is a heavy Let me read comments by Defense rocket engines. Admittedly, they are responsibility. These guys are killing Secretary Ash Carter, the Secretary of more expensive. I will freely admit people, and we are subsidizing these Defense, who is truly interested in that. But we also have a number of murderers and thugs. That is not some- making sure we protect the people of other corporations—not just SpaceX thing I would be proud of. this Nation from bad actors: but Blue Origin, and there are a num- Mr. President, I yield the floor. We have to have assured access to space, so ber of others—that are developing The PRESIDING OFFICER. The Sen- we have to have a way to launch our na- rocket engines. If we look at what ator from Colorado. tional security payloads into space so our SpaceX just did, they were able to land Mr. GARDNER. Mr. President, I have country’s security depends on that. One way a rocket for the first time so it is reus- great respect for my colleague from Ar- to do that which is reflected in our budget is able. Their space launch—they were izona. The service he has given to this to continue to use the Atlas booster includ- reusing it. There will be other break- country and the sacrifices he has en- ing a limited, but continuing number of RD– 180 engines. throughs thanks to these entre- dured are tremendous, and nobody can preneurs like Elon Musk and Jeff Bezos underestimate what he has done for Air Force Secretary Deborah Lee and others who are taking charge, this Nation. James on January 27, 2016: when this old consortium, this old I don’t think anybody here would Maintaining at least two of the existing military industrial complex called ever think they have done that in systems until at least two launch providers whatever legislative action they take. are available will be necessary to protect our ULA, is running things and we are pay- Nation’s assured access to space. ing them $800 million a year to do So while we may disagree on certain This is coming from somebody who nothing but stay in business. issues or agree with a different course My friends, I would also point out of action, I believe everybody wants to believes we need to protect this coun- one other aspect of this. The Appro- do what is best for their Nation. try and the people of this country from priations Committee’s job is to appro- When it comes to this particular bad actors. She goes on to say: priate. It is the authorizing committee issue of having access to space, having As we move forward, we respectfully re- that does the authorizing. What was in reliable access to space, maintaining quest this committee allow the Department the flexibility to develop and acquire the the appropriations bill in numerous competition in our industry so that we launch capabilities our warfighters and In- places was a gross violation of the area can provide the best value and cost telligence Community need. of responsibility of the authorizing savings to the American taxpayer Assistant Secretary of the Air Force, committee. while achieving the level of security we William LaPlante, July 16, 2015: I don’t know exactly what we can do need, that is where I believe this de- about this creeping policymaking on We believe authorization to use up to 18 bate is rightfully focused, and that is RD–180 engines in the competitive procure- the part of the appropriators, but I also where the debate from our own De- ment and award of launch service contracts hope that at some point—the majority partment of Defense is focused. through Fiscal Year 2022 is a reasonable on both sides are not members of the Nobody in this Chamber wants to starting point to mitigate the risk associ- Appropriations Committee, but they continue the status quo. In fact, I have ated with assured access to space and enable are members of various authorizing filed an amendment with Senators competition. committees. Sooner or later, they are NELSON, BENNET, HATCH, INHOFE, and This is somebody who is interested in going to get tired of authorizing cer- SESSIONS—a number of people who be- protecting the people of this country tain programs and authorizing after de- lieve we should end the status quo and from bad actors—people who would do bate and hearings and all the things go in a new direction. In fact, that is harm, people who would do evil acts to that—for example, I guarantee you what this entire debate is about, to this country and our allies. that the Senate Armed Services Com- make sure we no longer have to rely on Assistant Secretary of Defense for mittee has had 10 times the number of the rocket as we do today. But we can- Acquisition, Katrina McFarland, June

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We are working diligently to transition ellites that provide missile launch de- America was born in Philadelphia on July from the Russian-made RD–180 rocket engine tection that can protect our people and 4, 1776, and for 167 years it has been held as onto domestically sourced propulsion capa- our country. the hope, the only hope, for the common bilities, but are concerned that section 1608 Yes, let’s make sure we transition, man. America has guaranteed to each and presents significant challenges to doing so yes, let’s make sure we change the sta- all, native and everyone foreign, the right to while maintaining assured access to space. tus quo, but let’s do it in a way that is build a home, to earn a livelihood, to wor- They care about the security of this smart, good policy, and protects the in- ship, think, speak, and act as he pleased—as Nation. They care about the secure fu- terests of the American people. That is a free man equal to every other man. ture of this Nation. what this amendment is about, and we Every revolution within the last 167 years which had for its aim more freedom was In fact, just a few days ago, in an ar- can all agree to that. based on her constitution. No cry from an ticle from former General Shelton, Mr. President, I would like to change oppressed people has ever gone unanswered four-star commander in the U.S. Air topics quickly, if I could. by her. America froze, shoeless in the snow Force, he talked about the need to MARION KONISHI AND CAMP AMACHE at Valley Forge, and battled for her life at move away from these rockets to tran- PILGRIMAGE Gettysburg. She gave the world its greatest sition to an American-made rocket but Mr. President, just a couple of weeks symbols of democracy: George Washington, in the meantime not allow our capac- ago in Colorado, Channel 9 News in who freed her from tyranny; Thomas Jeffer- ity, our capability, or our competition Denver reported that a bus was going son, who defined her democratic course; and Abraham Lincoln, who saved her and re- to suffer. to leave Denver to make a 4-hour drive to a place called Amache. It is where newed her faith. Here is what it would cost. This is Sometimes America failed and suffered. what it would cost. Here is the graph. some 7,000 people lived, worked, and Sometimes she made mistakes, great mis- This is what the American taxpayers called home during much of World War takes, but she always admitted them and would be paying—35 percent more, $1.5 II. Ten weeks after the Japanese tried to rectify all the injustice that flowed billion to a $5 billion increase in spend- bombed Pearl Harbor, President Frank- from them. . . . Her history is full of errors ing if the language of the bill, as it is lin Roosevelt signed Executive Order but with each mistake she has learned and written today, goes into law. That is 996, creating internment camps for peo- has marched forward onward toward a goal ple of Japanese descent. One of those of security and peace and a society of free not some staffer in the cloak of dark- men where the understanding that all men ness in the mailroom trying to come up camps was in Colorado. Just a couple of weeks ago marked are created equal, an understanding that all with figures. That is what the experts men whatever their race, color, or religion agree will happen. the 40th year that Japanese Americans be given an equal opportunity to save them- While this body is talking about have made a formal pilgrimage to that selves and each other according to their there is not enough money to fund de- camp. Those 7,000 people lived in bar- needs and abilities. fense, while this body is voting on racks, formed their own schools, plant- I was once again at my desk. True, I was amendments to increase spending on ed gardens, and had beauty parlors and just as much embittered as any other evac- uee. But I had found in the past the answer defense, the same policies enshrined in Boy Scout troops. Their sons volun- teered to fight and die for the country to my question. I had also found my faith in this bill would cost up to $5 billion America—faith in the America that is still more. If we truly want to make sure we that imprisoned their parents. Many of the visitors to the camp were elderly, alive in the hearts, minds, and consciences of have the resources needed to defend true Americans today—faith in the Amer- in their nineties. There were some col- this country, let’s not self-inflict $5 bil- ican sportsmanship and attitude of fair play lege students who made the visit as lion worth of harm when we all agree that will judge citizenship and patriotism on well, but amongst the people who vis- to transition to an American-made sys- the basis of actions and achievements and ited Camp Amache just a couple of tem. Let’s do so in a way that relies on not on the basis of physical characteristics. weeks ago was the valedictorian of the Can we the graduating class of Amache the ability to do what is right with 1943 Amache Senior High School class. Senior High School, still believe that Amer- competition, with reliability, instead Her name is Marion Konishi. It was her ica means freedom, equality, security, and of transitioning to a system that can’t first visit to Camp Amache since she justice? Do I believe this? Do my classmates even reach 60 percent of projected NSS left the camp more than 70 years ago. believe this? Yes, with all our hearts, be- needs—national security space mission cause in that faith, in that hope, is my fu- She was a valedictorian, and 73 years needs—unless you use a 35 percent ture, our future, and the world’s future. ago she gave a speech as the head of To Marion Konishi, today Marion more expensive rocket. her class. Just a few weeks ago, she re- General Shelton believes we should turned to Camp Amache where she Kobukata, her husband Kenneth, who keep this rocket—a five-star general in reread that speech again for the first served in the 442nd, thank you for shar- the U.S. Air Force, Russian rocket en- time. ing these words 73 years later. gines are essential for now. General I thought I would read excerpts of I yield the floor. Shelton begins: ‘‘The U.S. Senate is de- that speech today, her speech titled The PRESIDING OFFICER. The Sen- bating the 2017 National Defense Au- ‘‘America, Our Hope is Anew,’’ June 25, ator from Arizona. thorization Act.’’ An amendment pro- 1943. Mr. MCCAIN. Mr. President, you have posed ‘‘would provide relief’’ from re- One and a half years ago I knew only one a choice here. You can believe the Sen- strictions that we are facing right now, America—an America that gave me an equal ator from Colorado where there is sub- ‘‘recognizing that the current draft leg- chance in the struggle for life, liberty, and stantial presence of ULA—an outfit islation would significantly harm the the pursuit of happiness. If I were asked that makes a lot of money—or you can national security space program.’’ then—‘‘What does America mean to you?’’— believe Leon Panetta, former Sec- A four-star general in service to our I would answer without any hesitation and retary of Defense, former Director of Nation has said that if we don’t change with all sincerity—‘‘America means freedom, the Central Intelligence Agency; Gen. equality, security, and justice.’’ the bill as it is written, it would sig- The other night while I was preparing for Michael Hayden, former Director of the nificantly harm the national security this speech, I asked myself this same ques- CIA, former Director of the National space program. General Shelton is the tion—‘‘What does America mean to you?’’ I Security Agency; Michael Morrell, former commander of Air Force Space hesitated—I was not sure of my answer. I former Deputy Director and Acting Di- Command. I think he knows what he is wondered if America still means and will rector of the Central Intelligence talking about. I think he is an expert. mean freedom, equality, security, and jus- Agency; Michael Rogers, former chair- I could read more quotes from others. tice when some of its citizens were seg- man of the House Select Committee on The NASA Administrator believes that regated, discriminated against, and treated Intelligence; ADM James Stavridis, so unfairly. I knew I was not the only Amer- without this language, we are going to ican seeking an answer. and there are many more. All of them increase costs in NASA, not just the Then I remembered that old saying—all are saying they support what I am try- Department of Defense, and we are the answers to the future will be found in the ing to do. It is interesting that the

VerDate Sep 11 2014 02:16 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.045 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3695 Senator from Colorado would com- After all of these years on the Senate said before the Senate when asked pletely ignore the view and position of Armed Services Committee, I know about what would happen with the loss the most respected people in America. when something smells bad, just as I of these rockets: They are counting on I respect the Senator from Colorado. did with the Boeing tanker, and people these rockets to be able to get the I do not compare his credentials to ended up in jail. This stinks to high number of engines that would satisfy that of the former Secretary of De- heaven. the requirements for NASA to fly the fense. By the way, Americans for Tax I yield the floor. Dream Chaser when it comes around in Reform is in opposition to the proposal The PRESIDING OFFICER (Mr. CAS- 2019. to lift the ban on the rocket engines. SIDY). The Senator from Colorado. The Dream Chaser already has a re- They point out America has spent over Mr. GARDNER. Mr. President, I will supply service contract for the Inter- $6 billion—$1 billion that they have continue to state the number of people national Space Station. It is designed spent on this. who believe it is important that we ap- to fly on top of one of these rockets. If Also, there was an interesting inci- proach this from the standpoint of an we were to change that, it would no dent that happened maybe a couple of amendment that Senator NELSON and I longer have that rocket available, and months ago where an individual who is have filed, along with a bipartisan they would undergo significant cost an executive from this outfit called group of legislators. and delay in trying to retrofit the ULA made a speech that had a lot of I will begin with Gen. Mark Welsh, rocket just like the Orion space pro- interesting comments in it. He obvi- Air Force Chief of Staff. This is testi- gram. ously didn’t know that it was being re- mony before the Senate Appropriations We can talk about more experts. In corded. The interesting thing is that Defense Subcommittee in 2015. April of 2015, the Under Secretary of this man, Brett Tobey, vice president [V]irtually everybody agrees that we would Defense for Acquisition, Technology of engineering for ULA, said during a like to, as the United States of America, not and Logistics said: lecture at the University of Colorado in be so reliant on a Russian engine going for- There’s going to be a period of time where Boulder, CO, last week that the De- ward into the future. . . . But the question is we would like to have the option, possibly, of how to do it and when will we be ready, be- partment of Defense had ‘‘bent over using RD–180s if necessary. There are much cause we don’t want to cut off our nose to backwards to lean the field to ULA’s more expensive options available to us but spite our face. . . . all of the technical ex- advantage in a competition with new we prefer not to go that way. market entrant SpaceX.’’ An executive perts with whom I’ve consulted tell me this is not a one or two or three-year deal. You’re We have shown the chart of how ex- of ULA alleges that the Defense De- looking at maybe six or seven years to de- pensive it would be, and now I want to partment bent over backwards to lean velop an engine and another year or two be- show one final chart. the field in favor of ULA. If that isn’t yond that to be able to integrate. When we talk about how much a graphic example of what is going on Of course, our amendment would cut money is being spent on rocket en- here, then I don’t know what is. He it off at 2022 because we believe that is gines, I would like to point out this also said that because of the SpaceX the transition we would need in order chart. If we are concerned about cro- competition, they were going to have to provide the kind of security that the nies from Russia, then let’s talk about to make cuts in their workforce and people of this country expect. other areas where we are importing change the way they do business. For Let me show some of the national se- from Russia. all of these years they have not had curity missions that will be delayed if This is from 2013. If you look at any competition, but the Defense De- we don’t have the ability to use all of where we are, engines and motors rep- partment has bent over backwards to the components of our current rocket resent .32 percent of this pie chart. lean the field to ULA’s advantage in a set today. That is how much money is being spent competition with the new market en- The space-based infrared system on importing engines and motors from trant Space Exploration Technologies. warning satellites that are designed for Russia. Let’s look at something like I wish to remind the Chair that about ballistic missile detection from any- nickel. Nickel is .59 percent of our im- 10 years ago there was an idea for Boe- where in the world, particularly coun- ports from Russia. Arms and ammuni- ing to build a new tanker. It smelled tries like North Korea, would be de- tion are .56 percent, more than engines very bad. I, my staff, and others pur- layed. I had the opportunity to go to and motors. Here is an interesting one. sued it, and it ended up with executives South Korea just last week where I Fish, crustaceans, and aquatic inverte- from Boeing going to jail. Unfortu- met with General Brooks who talked brates are 1.2 percent of our imports nately, this is another one of those ex- about the need for us to provide more from Russia. Engines and motors rep- amples that contributes to the pro- intelligence over North Korea. The day resent only .32 percent of that. found cynicism of the American people we were there, North Korea once again We are going to continue to have a about how their money is spent. tried to launch a ballistic missile. My colleagues have a choice. They very good debate in this body. I think can believe the Senator from Colorado, Thankfully it failed, but what happens Members can come at this from a dif- and I am sure that the Senator from Il- if it doesn’t fail? Are we going to be ferent approach, and I look forward to linois will come to the floor because able to have the space-based infrared working out a solution that all Mem- that is where Boeing is headquartered. system in place that we need to be able bers can be proud that we have done They will talk about all of these to protect the people of this country? what is best for our country, our tax- things, and then you can compare that Because if they succeed and we don’t payers, and our security. with Leon Panetta—probably one of know, that is catastrophic. I yield the floor. the most respected men in America and The Mobile User Objective System The PRESIDING OFFICER. The Sen- one of the great Secretaries of De- and Advanced Extremely High Fre- ator from Arizona. fense—General Hayden, Michael quency satellite system designed to de- Mr. MCCAIN. I know the Senator Morell, Michael Rogers, James liver vital communications capabilities from Utah is waiting. Stavridis, and all of these people who to our armed services around the world We have a choice: Believe those who have no dog in this fight. They don’t would both be delayed. According to a have a vested interest in continuing have anything based in their State letter dated May 23 from the Deputy this purchase of Russian rocket en- that would affect their State’s econ- Secretary of Defense—again somebody gines or believe some of the most re- omy. They have a wealth of experience. who is very much interested in the fu- spected people in America who say we I would imagine there is at least a cen- ture and current security of this coun- don’t need to do it. That is what the tury worth of experience in defense try—‘‘losing/delaying the capability to choice is here. amongst these individuals. In no way place position and navigation, commu- I yield the floor. do I disparage the experience of the nication, missile warning, nuclear de- The PRESIDING OFFICER. The Sen- Senator from Colorado, but I will tection, intelligence, surveillance, and ator from Utah. match these guys against his any day reconnaissance satellites in orbit Mr. LEE. Mr. President, I rise today of the week. They have no dog in this would be significant.’’ to discuss and urge my colleagues to fight nor do they have a corporation The Administrator of the National support amendment No. 4448, the due based in their State. Aeronautics and Space Administration process guarantee amendment.

VerDate Sep 11 2014 02:16 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.046 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3696 CONGRESSIONAL RECORD — SENATE June 9, 2016 This amendment addresses a little framework at all is a question that that I described a moment ago was known problem that I believe most many of us would regard as at least de- passed—the Senate passed this amend- Americans would be shocked to dis- batable. ment with 67 votes, in large part cover even exists. Under current law, Certainly only an act of Congress, thanks to the tireless efforts of my dis- the Federal Government has pro- such as an authorization for the use of tinguished colleague, the senior Sen- claimed the power—has arrogated to military force, or AUMF, or perhaps a ator from , Mrs. FEINSTEIN, itself the power to detain indefinitely, declaration of war can give the Federal who today joins me as a cosponsor of without charge or trial, U.S. citizens Government that power. Fast forward the amendment. and lawful, permanent residents who 40 years, and this important legal pro- Unfortunately, the due process guar- are apprehended on American soil. tection has eroded. antee amendment was stripped from Let that sink in for just a minute. If In 2011, 40 years after the passage of that version of the NDAA passed in 2012 you are a U.S. citizen or a U.S. green the Nondetention Act of 1971, Congress for 2013 during the conference process. card holder and you are arrested on passed its annual National Defense Au- At the time, some opponents of the American soil because you are sus- thorization Act for fiscal year 2012, the amendment were under the impression pected of supporting a terrorist group predecessor of the bill that we are con- that it would extend due process provi- or other enemy of the United States, sidering today. In that version of the sions to citizens outside of the United the Federal Government has claimed NDAA, there was a provision, section States, but that is undeniably false. the power to detain you indefinitely 1021, giving the Federal Government The due process guarantee amendment without formally charging you or with- the power to detain U.S. citizens in- applies only to U.S. citizens and lawful out offering you a trial. definitely without trial, even those permanent residents who are appre- I am not talking about American who were apprehended on American hended on U.S. soil. citizens who travel to foreign lands to soil. It may sound as though section It has been 4 years since that mis- take up arms against the United States 1021 meets the ‘‘Act of Congress’’ understanding prevented Congress from military and are captured on the bat- threshold established by the Nondeten- passing this commonsense bipartisan tlefield. I am talking about U.S. citi- tion Act of 1971, but importantly it reform. That is more than enough time zens who are apprehended right here in does not. It does no such thing. Here is for this institution to gain clarity on the United States of America. why: The language of section 1021 what this amendment does do and, just Under current law, even they can be merely presumes that the 2001 AUMF as importantly, on what this amend- imprisoned for an unspecified—in fact, gives the Federal Government the ment does not do. So it is time that we unlimited—period of time without ever right to detain U.S. citizens indefi- finally pass this amendment, and I being charged and without the benefit nitely without having to prove any- urge each of my colleagues to do so. of a jury trial to which they are enti- thing, even though an explicit grant of Mr. PAUL. Will the Senator yield for tled. such power appears nowhere at all in a question? You don’t need to be a defense attor- the 2001 AUMF. Mr. LEE. Yes. ney to recognize what an outrage this My amendment would resolve this Mr. PAUL. Four years ago we passed is. Arresting U.S. citizens on American problem. In clear and straightforward legislation under the Defense author- soil and then detaining them indefi- language, my amendment clarifies that ization that allows the American Gov- nitely without charges or a trial are a general authorization to use military ernment to detain an American citizen obvious deviations from the constitu- force, a declaration of war, or any simi- without a trial. Think about that. One tional right to due process of law. lar authority on its own, shall not be of our basic rights, one of our most im- The last time the Federal Govern- construed to authorize the imprison- portant rights is the right to a trial, to ment exercised such power and did so ment or detention without charge or be represented, to have a jury of our without congressional authorization trial of a citizen or lawful permanent peers. was during the internment of Japanese resident of the United States appre- You say: Well, it will never be used. Americans during World War II. Con- hended in the United States. This Well, President Obama recognized this. gress responded by passing a law to means that if Congress believes it is He said: This is a terrible power, and I prevent it from happening again. Of necessary to have the power to indefi- promise never to use it. Any power course, such legal protection should nitely detain U.S. citizens who are cap- that is so terrible that a President says not need to be codified into Federal tured in the United States, then Con- he is not going to use it should not be statute in the first place, but they did gress must expressly say so in any au- on the books. it anyway. thorization it passes. As the Senator from Utah said, it is The Fifth Amendment of the Con- My amendment recognizes that the not about having laws that require an- stitution states in no uncertain terms due process protections of U.S. citizens gels to be in charge of your govern- that no person shall be deprived of life, are far too important to leave up to ment. Someday there will be someone liberty, or property without due proc- implied legal contemplation. in charge of the government who ess of law. Then again, as James Madi- The 2001 AUMF does not expressly makes a grievous mistake, like round- son reminded us, if men were angels, no state that the Federal Government has ing up the Japanese. So we have to be government would be necessary. the power to indefinitely detain U.S. very careful about giving power to our In the wake of World War II, Con- citizens who were apprehended on government. That is what the chal- gress passed and President Nixon American soil. It just doesn’t say it. lenge is here. signed the Nondetention Act of 1971, You can look at the 2001 AUMF and Many will say: Well, we are at war, which states: ‘‘No citizen shall be im- you will not find that. For those who and when at war you have to have the prisoned or otherwise detained by the believe it is somehow in the national law of war. United States except pursuant to an security interests of the United States What is the law of war also known Act of Congress.’’ Those last few words for the Federal Government to have as? Martial law. But this is a war that are absolutely crucial: ‘‘except pursu- that power, they should file an amend- does not seem to have an end. They are ant to an Act of Congress.’’ The Non- ment to the AUMF that says so explic- not asking for a 1- or 2-year period in detention Act of 1971 recognized, as I itly, and then we can see what the which there won’t be trials; they are believe most Americans do, that in American people think and we can find asking you to relinquish your right to some cases—in some grave, treach- out, just as importantly, what their trial for a war that may have no end. erous, unfortunate cases—indefinite de- elected representatives in the House I want you to imagine this. Who tention of U.S. citizens may, in the and in the Senate think, or they can could these enemy combatants be who eyes of some, be deemed necessary, but file an entirely new AUMF that ex- may not get trials? Imagine you are an the point is that the Federal Govern- pressly provides such authority. Arab-American in Dearborn, MI, and ment does not inherently possess the This amendment—the one I am dis- you send an email to someone overseas. power of indefinite detention. The ex- cussing today—should not be con- Maybe that person is a bad person and tent to which such power can even be troversial. In fact, in 2012—just a year maybe there is a connection, but said to exist within our constitutional after the initial offending provision shouldn’t a person in Dearborn, MI,

VerDate Sep 11 2014 02:16 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.048 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3697 have a right to defend themselves in That person wouldn’t be covered under the rug, and that no one should be court and say: I was just sending an this amendment. afraid to take a stand. Not everyone email to them and I said a few stupid Mr. PAUL. Let’s also be clear on will agree, but we should be allowed to things, but I am not a terrorist. what we are talking about. People who take a stand on the Senate floor, open- Shouldn’t they get the right to defend have been defined as enemy combat- ly debate, and have a vote on whether themselves? ants are not always holding a weapon. you will have your right to trial by We need to be very careful that, as You can have a propagandist. We have jury or whether we are going to abbre- we fight this long war, we don’t wake had propagandists who have been killed viate that right and say we are at war. up one day and say we won the war, but overseas who were propagandists for But realize that if you think your we lost what we stood for. We lost the the enemy. So it is conceivable that an rights can be abbreviated in times of Bill of Rights. We lost it to our sol- American citizen could be exchanging war, this is a war—that the people who diers. I know soldiers who lost two information and saying something de- tell you they are going to abbreviate arms and a leg fighting for us, and they rogatory about us or something in your rights are also telling you that come back and say they were fighting favor of the enemy, and that could be this war has no end, that there is no for the Bill of Rights. That is what this considered to be—that person is now a conceivable end to this war, and that should be about—protecting the Bill of propagandist. the diminishment of your liberty, the Rights while they are gone. My point is, shouldn’t they have a loss of your right to trial by jury, will So the question I have for my es- day in court to determine the facts and go on and on without end. teemed colleague is—some will say: have representation as opposed to I wholeheartedly support the amend- Well, they get a hearing. They get a being plucked up and saying: You are ment by my fellow Senator from Utah, habeas hearing. They go before a judge. going to Guantanamo Bay for the rest and I advocate for having a vote on the Isn’t that due process? of your life because you made some Senate floor. Is a habeas hearing equivalent to due criticism, and now the state has Mr. LEE. I agree. process? deemed you an enemy. I note the presence of my distin- Mr. LEE. No. No. Due process can in- Mr. LEE. That is absolutely right, guished colleague from California, and clude habeas, but someone might say and that is precisely why we need these I yield the floor so that she can address habeas corpus is the beginning of due protections. That helps illustrate the the body. process, not the end. Sometimes it oc- slippery-slope nature of this problem. The PRESIDING OFFICER. The Sen- curs at the beginning, sometimes at And it also emphasizes why it is that ator from California. Mrs. FEINSTEIN. Mr. President, I the end, but regardless of when in the there are some in our body who want to thank the Senators, and I thank the process it occurs, a habeas proceeding make sure this power exists in the gov- Presiding Officer. does not represent the sum total uni- ernment, that we must pass legislation affirmatively making it so, expressly I have listened to this debate, and I verse of what due process means. rise to urge my colleagues to allow a You can’t read the Fourth, Fifth, providing that power rather than doing it indirectly. That is all our amend- vote on this due process guarantee Sixth, and Eighth Amendments of the amendment. U.S. Constitution to see that what hap- ment does. This is indeed a slippery slope. If all Senator LEE has filed it, I am a co- pened in the version of NDAA that we you have to do to indefinitely detain sponsor, and I am delighted to be a co- passed in 2011 was an affront to the someone without charge, without trial, sponsor. We actually voted on an ear- constitutional order. It was an aberra- suspending their rights under the lier version of this amendment in 2012, tion. Fourth, Fifth, Sixth, and Eighth so this is nothing new. What Members We are not asking for anything dras- amendments—if that is all you have to may not recall is that it passed with 67 tic. All we are asking here is that be- do, is charge them in a certain way, votes as an amendment to this bill for fore the government takes this step— then our constitutional protections fiscal year 2013. the type of drastic step you are de- have become weakened, indeed, to a I would also note that thanks to scribing—that at minimum we require dangerous degree. then-Chairman LEAHY, the bill on Congress to expressly authorize that. Is Mr. PAUL. Is it currently true that which this amendment is based had a that really too much? this amendment is being blocked by hearing in the Judiciary Committee on For those who would say that we are one Senator from gaining a vote? February 29, 2012. at war, we are in danger—and I under- Mr. LEE. We are trying to get a vote. So this bill has come before this body stand that. There are those who don’t This got a vote in 2012. It received 67 before. It got 67 votes, and it had a like our way of life. They even perhaps votes from people of both parties, votes hearing in the Judiciary Committee 4 want to do us harm. For those who from some Members—including at least years ago. Unfortunately, the amend- would say that we are at war and we one person whom you may be thinking ment was taken out of the NDAA in have to take that into account and of who has objections to it now. We conference that year. consider that, my response is, OK, if need this to get a vote. If we are voting It is my hope that the Senate will that is the case, then let’s at least do on other amendments, which we should pass this amendment again this year it the way we are supposed to do it. be doing, this should get a vote. No- and that the House will support it so Let’s at least have that discussion body has explained to me why this that the law will clearly protect Amer- rather than doing it by subterfuge, should not at a minimum receive a icans in the United States from indefi- rather than doing it under a cloud of vote. If somebody doesn’t like this, nite detention by their own govern- uncertainty, rather than doing it by fine, let them vote against it. But we ment. implication. We need to do so ex- should have a vote on this because this Members may say: Well, this isn’t pressly. That is all this amendment is relevant to the National Defense Au- going to happen. We are not going to does. thorization Act. It was the National do this. Mr. PAUL. Let me clarify in a fol- Defense Authorization Act passed in But we have done it. I remember as a lowup question. If an American citizen 2011 that was the vehicle for enacting small child going just south of San goes to Syria and fights with ISIS and this into law. Francisco to a racetrack called is captured on the battlefield, this Mr. PAUL. One concluding point I Tanforan. It was no longer a racetrack; amendment would not mean they get a would make would be that we have it was a detention center for Japanese trial. time in the Senate body to vote about Americans during World War II, and Mr. LEE. No. which rockets we are going to use, there were hundreds of families housed Mr. PAUL. They could still be held as made in which State and in which there for years against their will. an enemy combatant. country. Shouldn’t we take time to To prevent this from ever happening Mr. LEE. That is correct. This vote about the abrogation or possible again, Congress passed and President wouldn’t cover them at all because abrogation of the Bill of Rights, of the Nixon signed into law the Non-Deten- that person is outside the United right to a trial by jury? tion Act of 1971 which clearly states: States. That person is captured on a I think this is an eminently impor- ‘‘No citizen shall be imprisoned or oth- battlefield outside the United States. tant issue, should not be pushed under erwise detained by the United States

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In- indefinite detention of U.S. citizens ization for the use of military force stead, they should be arrested and during debate on the Defense author- permits the indefinite detention of charged like other terrorists captured ization bill in past years. These Mem- United States citizens arrested on in the United States. bers have argued that the Supreme United States soil. Now, the simple point is that indefi- Court’s plurality decision in the 2004 So let me say that 12 years—let me nite military detention of Americans case of Hamdi v. Rumsfeld supports repeat, 12 years—after Padilla was ini- apprehended in the United States is their view. However, the Hamdi case tially arrested and detained, he was fi- not the American way and must not be involved an American captured by the nally sentenced to 21 years in prison in allowed. In the United States, the FBI United States military on the battle- 2014. and other law enforcement and intel- field in Afghanistan. Yaser Esam The simple point is that we can pro- ligence agencies have proven time and Hamdi was a U.S. citizen who took up tect national security while also ensur- again that they are up to the challenge arms on behalf of the Taliban. He was ing that the constitutional due process of detecting, stopping, arresting, and captured on the battlefield in Afghani- rights of every American captured convicting terrorists found on United stan, not on United States soil. That is within the United States are protected. States soil. the difference. While the Supreme That is what this amendment would Our law enforcement personnel have Court did effectively uphold Hamdi’s do. Like the amendment that passed successfully arrested, detained, and military detention, the Supreme Court here in 2012 with 67 votes on this floor, convicted literally hundreds of terror- did not accept the government’s broad this amendment would prevent the ists, both before and after 9/11. Specifi- cally, there were 580 terrorism-related assertions of executive authority to de- government from using a general au- convictions in the Federal criminal tain citizens without charge or trial. thorization for the use of military In fact, the Hamdi decision says force to apprehend Americans at home courts between 9/11 and the end of 2014. clearly that it covers only ‘‘individuals and detain them without charge or That is according to the Department of falling into the limited category we are trial indefinitely. So no one could be Justice. More recently, Federal prosecutors considering,’’ and did not foreclose the picked up and not charged and held in- have charged 85 men and women possibility that indefinite detention of definitely. It states very simply in our legisla- around our country in connection with a U.S. citizen would raise a constitu- tion: ‘‘A general authorization to use ISIL since March of 2014. Suspected tional problem at a later date. terrorists can still be detained within Since Hamdi was decided in 2004, de- military force, a declaration of war, or the U.S. criminal justice system using cisions by the lower courts have con- any similar authority, on its own, shall not be construed to authorize the im- at least the following four options: tributed to the legal ambiguity when it prisonment or detention without One, they can be charged with a Fed- comes to the detention of U.S. citizens charge or trial of a citizen or lawful eral or State crime and held. Two, apprehended in our very own country. permanent resident of the United some can be held for violating immi- You can look at the case of Jose States apprehended in the United gration laws. Three, they can be held Padilla. He is a U.S. citizen arrested in States.’’ as a material witness as part of a Fed- in 2002. Padilla was initially The amendment also modifies the ex- eral grand jury proceeding. Or, four, detained by the Bush administration isting subsection (a) of the Non-Deten- they can be detained under section 412 under a material witness warrant based tion Act, so it covers lawful permanent of the PATRIOT Act, which provides on the 9/11 terrorist attacks and was residents of the United States and en- that an alien may be detained for up to later designated as an enemy combat- sures that any detention is consistent 6 months if their release ‘‘will threaten ant who allegedly conspired with Al with the Constitution. the national security of the United Qaeda to carry out terrorist attacks, So new subsection (a) will read: ‘‘No States or the safety of the community including a plot to detonate a dirty citizen or lawful permanent resident of or any person.’’ bomb inside our country. the United States shall be imprisoned Simply put, there is no shortage of Padilla was transferred to a military or otherwise detained by the United authority for U.S. law enforcement to brig in South Carolina, where he was States except consistent with the Con- take the necessary actions on our soil 1 detained for 3 ⁄2 years while seeking his stitution and pursuant to an Act of to protect the homeland. Some may freedom by filing a writ of habeas cor- Congress that expressly authorizes ask why this legislation protects green pus in Federal court. Now, it is impor- such imprisonment or detention.’’ card holders as well as citizens. Others tant to note that Padilla was never Now, let me explain the impact of may ask why the bill does not protect charged with attempting to carry out these changes to the law. First, the all persons apprehended in the United the dirty bomb plot. Instead, he was re- U.S. Government will continue to be States from indefinite military deten- leased from military custody in No- able to detain U.S. citizens or lawful tion. vember 2005 and transferred to civilian permanent residents on a foreign bat- Let me make clear that I would sup- Federal custody in , where he tlefield pursuant to an authorization to port providing the protections in this was indicted on other charges in Fed- use military force, like what we passed amendment to all persons in the eral court related to terrorist plots after 9/11. That AUMF provides the au- United States, but the question comes: overseas. thority to detain Al Qaeda, ISIL, and is there political support to expand it In a 2003 decision by the Second Cir- affiliated terrorist fighters. to cover others besides U.S. citizens cuit known as Padilla v. Rumsfeld, the In other words, if the government and green card holders? We went court of appeals held that the 2001 au- needs to detain an enemy combatant through this in 2012, I believe, before thorization for use of military force, on a foreign battlefield under a post-9/ the Presiding Officer was here. The which we call the AUMF, did not au- 11 congressional authorization to use overriding situation is to prevent the thorize Padilla’s military detention. force, that is not barred, even if the Federal Government from moving in The decision stated: ‘‘We conclude that enemy combatant is, in fact, a U.S. cit- and picking up Americans and holding clear Congressional authorization is re- izen. Indeed, the Supreme Court held in them without charge or trial, as was quired for detentions of American citi- Hamdi that the AUMF is ‘‘explicit au- done with Japanese Americans after zens on American soil, because 18 thorization’’ for that limited kind of World War II. U.S.C. Section 4001(a), the Non-Deten- detention. So the amendment does not Finally, with the passage of this, we tion Act, prohibits such detentions ab- disturb the Hamdi decision. will close out that chapter once and for sent specific Congressional authoriza- Second, when acting with respect to all. So this is not about whether citi- tion.’’ citizens or lawful permanent residents zens apprehended in the United States,

VerDate Sep 11 2014 02:16 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.051 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3699 like Jose Padilla or others who would like Tyler. It is why I was so encour- That is why I am here today urging do us harm, should be captured, inter- aged that 6 months ago the Pentagon my colleagues to keep this vital serv- rogated, incarcerated, and severely announced a pilot program to allow ice intact for members of our military. punished. They should be to the fullest servicemembers who are getting ready We can take action that truly shows extent the law allows, but not an inno- to deploy—the very men and women our servicemembers and our veterans cent American picked up off the street who are willing to put their lives on that we understand this service is a and held without charge or trial—per- the line in defense of our country—an cost of war and it is a cost that we, as haps because of the person’s name or opportunity at cryopreservation. a country, are willing to take on. looks or heritage. That is a practice already widely I yield the floor. So what about how a future Presi- used among the general population. It The PRESIDING OFFICER. The Sen- dent might abuse his or her authority gives our deploying members not only ator from Florida. to indefinitely detain people militarily the ability to have options for family Mr. NELSON. Mr. President, I am here in the United States? Our Con- planning in the event they are injured going to try to make sense out of some stitution gives everyone in the United on the battlefield, but it gives them of the discussion that has been going States basic due process rights. The peace of mind. It says they don’t have on, which has been quite detailed and Fifth Amendment provides that ‘‘no to worry about choosing between de- very esoteric, with regard to the Rus- person shall be deprived of life, liberty, fending their country or a chance at a sian rocket engine which is the main or property without due process of family someday. As Secretary Ash Car- engine in the tail of the Atlas V rock- law.’’ This is a basic tenet of our Con- ter said himself, this was a move that et—the first stage of the Atlas V. stitution and our values. ‘‘honors the desire of our men and Why is there a Russian engine? In the People are entitled to notice of women to commit themselves com- early 1990s, at the time of the disinte- charges, to an opportunity to be heard, pletely to their careers, or to serve gration of the Soviet Union, the United and to a fair proceeding before a neu- courageously in combat, while pre- States went in to try to help secure the tral arbiter. In criminal cases, the ac- serving their ability to have children nuclear material and nuclear weapons. cused also has a right to a speedy and in the future.’’ It was clearly in the interests of the public trial by a jury of their peers. So I couldn’t agree with that sentiment United States and her allies that loose more. While the pilot program was not these protections are really a sacred nukes not get into the hands of rogue groundbreaking and, in fact, has been part of who we are as Americans. I nations or rogue groups. used by the British Armed Forces for think it is something we all take great At the same time, it was clearly in years, I believe the Pentagon’s an- pride in, and now it is, once again, the the interests of the United States that nouncement spoke volumes about hav- time. We did this in 2012, in the fiscal we try to prevent all of the experts, the ing respect for servicemembers who are year 2013 NDAA bill. Russian scientists and engineers that willing to risk suffering catastrophic It received 67 votes on this floor. I had been involved in the Russian or the injuries on our behalf to tell them: No would hope that we would not be Soviet Union’s rocket program—and it matter what happens on the battle- blocked from taking another vote on was an exceptional program—from field, your country will be there for this. We experimented with indefinite going to rogue nations or to rogue you with the best care available. detention during World War II. It was a groups. Read: Iran. I applaud Secretary Ash Carter for Thus it became apparent, when U.S. mistake we all realize and a betrayal of his leadership. It is the right thing to our core values. So let’s not repeat it. scientists, engineers, and space pio- do for our young men and women who neers visited the Russian engine plant, I want to thank Senator LEE, Sen- have big plans after their service is that it was this extraordinary engine ator TOM UDALL, Senator PAUL, Sen- complete. That is why I was so shocked that had this high compression with ator CRUZ, and others who have worked by one line in this massive NDAA bill liquid oxygen as a fuel and also ker- with us on this issue over the years. I before us, a line that brings me to the osene. As a result, it was clearly in the urge my colleagues to support the floor today. Blink and you will miss it. interests of the United States not only amendment. On page 1,455 of the 1,600-page bill, in to prevent loose nukes and scientists I yield the floor. one line in a funding chart, you will leaving but to keep them interested The PRESIDING OFFICER. The Sen- find an attempt to roll back access to and employed. Remember, this was in a ator from Washington. the care members of our military Mrs. MURRAY. Mr. President, when Soviet Union that was disintegrating earned in their service to our country. we ask the men and women of this That line—that simple little line— at the moment. Therefore, it was in the country to go to war on our behalf, we will zero out the very program that interest of keeping that Russian rocket make a solemn promise to take care of helps men and women in our military engine manufacturing facility employ- them, to support them while they are realize their dreams of having a family, ing those engineers and scientists. In abroad, and take care of them when even if they go on to suffer cata- one instance, that facility has been they come home. As a daughter of a strophic injuries while fighting on our called Energomash, and in another in- World War II veteran, this is a promise behalf. The very program that Sec- stance, it has been made reference to I take very seriously, and I know that retary Carter got off the ground just 6 as Roscosmos. my colleagues do too. months ago, the promise the Pentagon Therefore, private companies in the One aspect of this promise that I made, this bill throws in the trash. United States arranged to buy the Rus- have been proud to fight for is the idea Taking away that dream is wrong. It sian engines and keep them employed that we should help warriors who have is not what our country is about. While and, at the same time, to obtain the sustained grievous injuries achieve I don’t know how or why that line got plans with the idea that down the road their dream of starting families. This into this bill, I am here today to shine the United States would manufacture is something that is hard for many peo- a light on it in the hopes that we can the same Russian engine, but its manu- ple to think about, but it is a reality get this fixed before it is too late. facture would be done in the United for far too many men and women, peo- In the past day, I have talked to both States. That intention was never car- ple like Tyler Wilson. He is a veteran I the chair and ranking member, and I ried out. met who is paralyzed and nearly died am hopeful that we can change course. As a result, that leads us to where we in a firefight in Afghanistan. We simply cannot allow this provision are today. Today, we still buy the Rus- After years of surgeries and rehab or others like it to slip through the sian engines. On average, that is cost- and learning an entirely new way of cracks and continue to chip away at ing us $88 million a year. How much is living, he met Crystal, the woman he the care that these servicemembers de- that of the total expenditures that we wanted to spend the rest of his life serve. That is not what this country is buy from Russia in other goods? It is with. Together, they wanted to start a about. Many of my colleagues are so less than a percent. In fact, that $88 family. I believe we have an obligation quick to honor our military members million a year, on average, is one-third as a nation to help them. That is why with their words, but our servicemem- of 1 percent that is purchasing this ex- I have been fighting to expand VA care bers need to see that same commit- cellent engine. That excellent engine to pay for IVF treatments for people ment with their actions. happens to be the workhorse engine of

VerDate Sep 11 2014 02:16 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.053 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3700 CONGRESSIONAL RECORD — SENATE June 9, 2016 the Atlas V, which is our most reliable you want to have a backup because we United Launch Alliance to pick any engine rocket for military launches, as well as have to get satellites into space to pro- they want from any country abroad. future NASA launches, as well as com- tect our national security, and we have Then he goes on to say: mercial launches of communications to do it over this period of time from But we can’t afford that any more because satellites in orbit. now until the end of 2022. Therefore, the price points are coming down as low as 60 The whole fracas that has been en- how do you keep them going alive if million dollars per launch vehicle, and on gulfing this Defense bill here is because you eliminate the ability of being able the best day you’ll see us bid at 125 million now that same Russian Federation, dollars, or twice that number, and if you to buy the Russian engine? were to take and add in that capabilities where it was so important for us to That is what all of the very emo- cost, it’s closer to 200 million dollars. . . . keep employing its scientists and engi- tional and very well-meaning speeches SpaceX will take them to court if they don’t, neers 25 years ago,—today is being led on the floor have been about—in one so they have demonstrated ability to say, if by a former KGB agent, Vladimir case, United Launch Alliance, and in you do not allow us to compete on an apples- Putin. He is doing things that we don’t another case, SpaceX. For the good of to-apples basis, that we will take you to like. He runs over Ukraine and he the country, we have to have both until court, and you will lose. takes a part called Crimea. He is push- we can develop, test, and successfully So if you saw just recently, they bid the second GPS–III launch, ULA opted to not bid ing into eastern Ukraine and he is fly the replacement engine for the Rus- that. Because the government was not happy doing all kinds of bad things there that sian engine. with us not bidding that contract because is threatening the freedom of the peo- As we speak, these discussions, by they had felt that they’d bent over back- ple of Ukraine. the way, that have been going on over wards to lean the field in our advantage. As articulated by Senator MCCAIN, the past several weeks, and with inten- I repeat, this is what an executive of naturally we would not want to con- sity over the past few days, continue. ULA said. ‘‘Because the government tinue to buy those Russian engines, It is certainly my hope that we are was not happy with us not bidding that which is basically helping Vladimir going to get resolution and can get an contract because they had felt that Putin, even though it is minuscule— agreement on this and a way to go for- they’d bent over backwards to lean the less than one-third of 1 percent of the ward so that we can get this issue be- field in our advantage.’’ That is from total goods that we buy from Russia. hind us and move on with a defense bill an executive of ULA. Is there any bet- So that brings us to this point: How that is so important to the future of ter evidence of what he said? do we get out of the mess? How we get this country. Continuing the quote from the re- out of the mess is that we build our Mr. President, I wanted to lay out cording: own engine. We should have done that the predicate of what this is all about. But we even said we don’t bid, because we years ago. But now we can actually When you start getting into the weeds saw it as a cost sheet up between us and build a better engine and not plug into about this number of launches and that SpaceX, so now we’re going to have to take the same rocket, because if it is a dif- number of launches, all of it boils down and figure out how to bid these things much ferent engine you cannot plug into the to what this Senator has just shared. lower cost. And the government can’t just same rocket in the Atlas V. You have So I hope we get resolution. And since say ULA’s got a great track record, they’ve to basically plug it into a different got 105 launches in a row, and 100 percent I am basically an optimist, I think we mission success and we can give it to them rocket. As we speak, there is now a will. on a silver platter even though their costs competition going on to develop a re- Mr. President, I yield the floor. are two or three times as high. placement engine. In one case, it is The PRESIDING OFFICER. The Sen- Two or three times as high. Mr. called the BE–4. In another case it is ator from Arizona is recognized. President, this is what makes the called an Aerojet Rocketdyne engine. Mr. MCCAIN. Mr. President, just to American people cynical about the way That competition is going to continue, continue—and I do with some reluc- we do business. but we can’t do it overnight. So it is tance—on this whole issue of rocket Before I suggest the absence of a going to take some time. engines, as I mentioned earlier, there is quorum, let me just say that we are An optimistic estimate might say an individual who is one of the head ex- going to be moving the amendments on that the engine is ready in about 2019, ecutives of ULA who was recorded, and interpreters and Guantanamo, and so I and then you have to test-fire in the in the recording he talks about ULA alert my colleagues that we will be new rocket that you have developed. and the relationship and how they have doing that shortly. So a realistic time of when the new en- an ‘‘in’’ with the Department of De- I suggest the absence of a quorum. gine is available is at the end of the fense, and I just want to quote from his The PRESIDING OFFICER. The year 2022. recording. He was talking about the clerk will call the roll. So what do we do to make sure we rocket engine. He said: The bill clerk proceeded to call the have the rockets to have assured access But unfortunately, it’s built by the Soviet roll. to space between now and the end of Union, and there’s a couple of people, one Mr. SULLIVAN. Mr. President, I ask 2022? That is what all this discussion is person in particular, this guy right here, unanimous consent that the order for on the floor. John McCain, who basically doesn’t like us. the quorum call be rescinded. On the one hand, there is a very suc- Remember, this is an employee of The PRESIDING OFFICER. Without cessful company called SpaceX. They ULA. objection, it is so ordered. are now certified with a rocket called He continues: Mr. SULLIVAN. Mr. President, I rise the Falcon 9, and that rocket has won He’s like this with Elon Musk, and so Elon to speak in support of what we have some competitions and has put pay- Musk says, why don’t you guys go, why don’t been doing on the Senate floor the past loads in space, including one defense you go after United Launch Alliance and see 2 weeks—moving forward on the Na- payload that I know of. There may be if you can get that engine to be outlawed. So tional Defense Authorization Act. I more, but I do know that they have he was able to get legislation through that wish to pay a compliment and my deep- been certified for the Department of basically got our number of engines down est respect to the chairman of the that we could use for national security space Defense. competitions down to four; we needed nine. Armed Services Committee, to the Its competitor is the other company, . . . And so, then, we got his friend, I told ranking member, and to all the mem- United Launch Alliance, which is a you about that big factory down in Alabama, bers of the Armed Services Committee combination of Boeing and Lockheed. in Decatur, and basically this is Richard who have been focused on this bill that They have been successfully launching Shelby, Senator Richard Shelby, from Ala- we have been putting forward in this the Atlas V without a miss for years bama, both Republicans, and he basically at Congress and every Congress for the and years. I think the successful num- the last minute, at December of last year, last half century. ber of rocket launches is something in they were doing an omnibus bill to keep the Our forces are under strain at a time government running. And what he did is talk when Henry Kissinger said before the excess of 50 or maybe 60. Thus, it is a to John McCain and parachuted in, in the proven workhorse. middle of the night, and added some lan- Armed Services Committee that ‘‘the We never want to get to the position guage into the appropriations. . . . Shelby’s United States has not faced a more di- where we have just one rocket com- in charge of appropriations. He says ignore verse and complex array of crises since pany, because if something happened, McCain’s language and basically allowed the end of the Second World War.’’

VerDate Sep 11 2014 03:27 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.056 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3701 Here is what some of our top military going on in the Arctic, the way the bers on the ground. Many have been injured officials have told our committee Russians are, and we are beginning to or killed in the line of duty, a testament to about the threats that are rising glob- be prepared in an area of the world their commitment, resolve, and dedication ally and the dramatic reduction in our that is absolutely critical to U.S. secu- to support our interests. Continuing our promise of the American dream is more than military forces. Chief of Staff of the rity. Provisions include the first steps in our national interests, it is a testament to Army, GEN Mark Milley, recently stat- to build up an appropriate strategic our decency and long-standing tradition of ed that due to cuts and threats, our Arctic port. We will also build up our honoring our allies. Army is at a state of ‘‘high military Arctic domain awareness, and we will That is from General Nicholson, who risk’’ when it comes to being ready have a much better sense of what is is over there now. enough to defend our interests. That is going on in this region not only with There is no more admired a very serious statement by the Chief regard to the Russians but what the in America than Ryan Crocker. He of Staff of the Army, ‘‘high military Chinese are doing in this critical area states: risk’’ for our military and the ability of the world. This is a very personal issue for me. I was of the U.S. Army to do its mission. He Make no mistake—America is an U.S. Ambassador to Iraq from 2002 to 2009 also said that when it comes to Russia Arctic nation. We are an Arctic nation and to Afghanistan from 2011 to 2012. I ob- and its new aggressiveness, we are because of my State, the State of Alas- served firsthand the courage of the citizens ‘‘outranged and outgunned.’’ ka. This NDAA begins the important who risked their lives trying to help their Let me spend a little bit of time on process to start addressing the stra- own countries by helping the United States. the new challenge from Russia. There tegic concerns we are seeing in the It takes a special kind of heroism for them are many provisions in this bill—which Arctic and securing our Nation in a to serve alongside of us. is why it is so important—that will way that is important for all of us. GEN Stanley McChrystal: strengthen our military threat with re- Mr. President, I yield the floor. I ask for your help in upholding this obli- gard to Russia—something that, as a The PRESIDING OFFICER. The Sen- gation by appropriating additional Afghan Senator from Alaska, I am very con- ator from Arizona. SIVs to bring our allies to safety in America. cerned about. Mr. MCCAIN. Mr. President, after dis- They have risked their own and their fami- Nobody spoke more eloquently and cussions with the Senator from New lies’ lives in the line of duty. compellingly about our country’s Hampshire, the Senator from Missouri, I will stop with this. General Camp- credibility than President Reagan the Senator from South Carolina, and bell says the same thing: when he stated that his philosophy of the Senator from Kansas, I ask unani- They frequently live in fear that they are dealing with our potential adversaries mous consent to have a colloquy with or their families will be targeted for was that ‘‘we maintain the peace these Senators. kidnappings and death. Many have suffered through our strength; weakness only The PRESIDING OFFICER. Without this fate already. The SIV program offers invites aggression.’’ And he matched objection, it is so ordered. hope that their sacrifices on our behalf will not be forgotten. his rhetoric with credible action. That Mr. MCCAIN. We are going to propose is what we need to do with regard to a unanimous consent request that the I would hope that a Senator who the NDAA, and that is why it is so im- Senate take up and pass both the issue comes to object to this act of humani- portant that we move forward and pass of the interpreters to our Afghan allies tarian—a moral obligation, as stated this bill. and the issue of Guantanamo Bay. I by these respected military leaders, But the Russian threat is not just in know there is objection, so we will that they wouldn’t object because they Europe, it also in the Arctic, and those await those individuals since it would didn’t get a vote on their amendment. threats—we are hearing more and more require their presence on the floor. That would be a reason to stop this act in committee testimony on and what I will say a few words about the SIV that is a moral obligation of this coun- the Russians are doing. For example, Program. The fact is, the Senator from try? Well, if they come over and object, there are 4 new Arctic brigades; a new Colorado, maybe the Senator from Ala- then they have their priorities badly Arctic command; 14 operational air- bama, maybe the Senator from some- screwed up. If these people are killed, fields in the Russian Arctic by the end place else, has an axe to grind here: they will have nobody to answer to but of this year; up to 50 airfields by 2020; They didn’t get a vote on their amend- their families. a 30-percent increase in Russian special ment. They didn’t get their vote, so, by I hope we will pass this by unani- forces in the Arctic; 40 Russian Govern- God, nobody is going to get a vote. mous consent and not have—for a paro- ment and privately owned icebreakers, Do you know what they neglect here? chial, their own selfish reason—some with 11 additional icebreakers in devel- We are talking about our men and Senator come and object. opment right now, including 3 new nu- women in the military who literally I yield to the Senator from New clear-powered icebreakers; huge land saved their lives. And they are using Hampshire, Mrs. SHAHEEN. claims in the Arctic; increased long- their parochial reasons, because they Mrs. SHAHEEN. I say thank you to range air patrols with Bear bombers— didn’t get their vote, to object. My Senator MCCAIN. Thank you for your the most since the Cold War—and pi- friends, that is not what the job of a leadership and thanks to Senator JACK lots in Alaska are intercepting these United States Senator should be. REED for his leadership on this issue. Russian bombers on a weekly basis; GEN David Petraeus: As the Senator points out, there are and a recent deployment of two sophis- Throughout my time in uniform, I saw how real lives at stake. If we are not able to ticated S–400 air defense systems again important our in-country allies are in the continue the Special Immigrant Visa to the Arctic. Why are they doing this? performance of our missions. Many of our Af- Program for those Afghans who have Because it is a strategic place, new ghan allies have not only been mission-es- helped us during the conflict in Af- sential—serving as the eyes and ears of our transportation routes, enormous re- ghanistan, then—we know the Taliban own troops and often saving American has already murdered a number of sources. lives—they have risked their own lives and Our own Secretary of Defense stated their families’ lives in the line of duty. Pro- them, their family members. As the in testimony that he realized we were tecting these allies is as much a matter of Senator points out, to have someone late to the Arctic given how strategic American national morality as it is Amer- object to going forward with this and important it is. Right now we have ican national security. amendment—not related to the pro- no Arctic port infrastructure; two ice- So the Senators who have come and gram at all but because people have breakers—that is it; no plans to in- objected disagree with an effort we are other personal issues they want to ad- crease Arctic-capable special forces; making on the issue of American na- dress—it would be unfortunate and not and a lack of surveillance capabilities tional morality, in the eyes of GEN in this country’s interest. in this strategic region of the world. David Petraeus. What we are actually hoping we can Why do I mention this? Because in General Nicholson is over there now. vote on today is a carefully crafted this NDAA we start to address the He says basically the same thing: amendment. It addresses the legiti- problem. Just as we did in last year’s They followed and supported our troops in mate concerns that people have raised NDAA, we start to lay the foundation combat at great personal risk, ensuring the about this program. We spent hours for having a strategic vision of what is safety and effectiveness of Coalition mem- over the last few days and last night

VerDate Sep 11 2014 02:16 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.058 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3702 CONGRESSIONAL RECORD — SENATE June 9, 2016 trying to come to some agreement to rorism with ISIS today. Since 2008, the ghanistan, as a Reservist. I did my Re- address those issues, and I think the effort has been to close Guantanamo serve duty, 1 week, 2 weeks at a time, legislation before us does that. Bay with the objective of bringing with Task Force 435 that was in charge The concern, as I understand, isn’t those detainees to the United States. of detainee operations at Bagram pris- about this program and about what is This Congress, this Senate has spoken on. That unit’s job was to advise the in this program; it is about individuals time and time again both in the prede- commanders about who to put in who have their own issues unrelated to cessors’ legislation to this bill we are Bagram, what requirements there were this program that they want to see ad- considering today, NDAA of past years, to hold somebody in Bagram prison dressed. I understand that. We all have as well as the appropriations process in under U.S. custody, and also to build our issues, but that is not what we which we prohibit those detainees from up the rule of law, where the rule-of- ought to be voting on at this point. being brought to the United States and law field forces would go out to dif- The Senator pointed out that Ryan housed in a facility in the United ferent parts of Afghanistan and work Crocker, who served both in Afghani- States. with the police and the judiciary to try stan and Iraq, has talked about the im- In fact, the Attorney General and the to build capacity. portance of this program, as have so Secretary of Defense have, on numer- During my experience in Afghani- many of our generals and those who ous occasions, confirmed that the stan, I learned something that is, quite have served. I want to quote from an President has no legal authority to frankly, overwhelming to this day, how op-ed piece he wrote last month about close Gitmo or to transfer detainees to brave some people in Afghanistan are the importance of Congress addressing the United States. For some reason, to change their country. There was one this program. He said: the national defense authorization bill, interpreter—and I am certainly not In an era of partisan rancor, this has been as it came out of the committee, pro- going to use his name—who was there an area where Republicans and Democrats vides for the planning and designing re- the entire time I did my Reserve duty. have acted together. Congress has continued lated to construction of a facility here. I retired last year. This man was in- to support policies aimed at protecting our This amendment strikes that lan- valuable. It is not just interpreting the wartime allies by renewing the Afghanistan guage, and it reaffirms what we have language and repeating what we said. SIV program annually—demonstrating a said before. In fact, in last year’s na- It is the context that he made over shared understanding that taking care of those who took care of us is not just an act tional defense authorization bill, we time to make sure the coalition forces of basic decency; it is also in our national in- said there had to be a plan provided by could accomplish their mission. Of all terest. American credibility matters. Aban- the administration that outlines, in the people we owe a debt to as Ameri- doning these allies would tarnish our reputa- significant criteria and detail, what cans, it is these interpreters and those tion and endanger those we are today asking would be involved in bringing those de- who have assisted our forces. They to serve alongside U.S. forces and diplomats. tainees to the United States. I am op- have come out of the shadows. They As we all know, this country owes a posed to that in the first place. I am have taken a skill set we did not have, great debt to the Afghans who provided opposed to that in the second place. I which is local knowledge, and they essential assistance to the U.S. mission would add that plan that we keep look- have applied that skill set to helping in Afghanistan. Thousands of brave ing for, it has yet to be, in any speci- our efforts to protect America but, men and women put themselves and ficity, granted to us to see in Congress. equally important, to protect their their families at risk to help our sol- Mr. President, I would ask my col- homeland, Afghanistan. diers and diplomats accomplish their leagues to allow, at the appropriate All the letters from those who were mission and return home safely. We time, that this bill be made in order for in command can say it better than I must not turn our back on these indi- consideration for a vote by the Senate can. I had a small glimpse as a military viduals. We must not imperil our abil- as an amendment to this bill. lawyer over about a 5-year period com- ity to secure this kind of assistance in Mr. MCCAIN. There are a number of ing in and coming out, and all I can the future, and a ‘‘no’’ vote today Members on both sides of the aisle who tell you is what I saw was amazing, and would do exactly that. have had the honor of serving in Iraq it moved me beyond measure. I got to I urge this body to move forward to and Afghanistan, and particularly meet their family. The interpreters had allow a vote on a compromise that has some of the newer members have added families. I got to know them. They been supported by everybody who was enormously to the Armed Services have children. They have wives. All the raising concerns about this program. Committee. There is also one member ones I know were male, but I know I would like to yield to my colleague of the committee who I believe, in his there were females who were helping from South Carolina. many years of Active Duty, has served too. I can tell you, if there is any way Mr. MCCAIN. Senator MORAN first. in Afghanistan as many as 33 times. He for this body to pass Senator SHA- Mrs. SHAHEEN. Sorry. Senator has had an up close and personal rela- HEEN’s amendment, you would be doing MORAN. tionship with these brave interpreters our country and those who helped us The PRESIDING OFFICER. The Sen- who literally put their lives on the line under the most dire situation a great ator from Kansas. in assisting people like Colonel Gra- service. Mr. MORAN. Mr. President, thank ham and all others as they were able to As to how the body works, I wish I you very much, and I appreciate the accomplish their mission, which they could get everything I wanted. I have opportunity to be here on the Senate would not have been able to do if it had not been able to do that in life or in floor today with my colleagues. not been for the outstanding service the Senate. I wanted to have a vote on I, too, have an amendment to strike and sacrifice of these interpreters. the Ex-Im Bank because the Ex-Im section 1023 of this bill, the national Senator GRAHAM. Bank is not operating because we don’t defense authorization bill, S. 2943. This Mr. GRAHAM. Thank you. I com- have a quorum. I asked for an amend- is amendment No. 4068. We will seek pliment Senator SHAHEEN and all those ment on this bill to change that to get unanimous consent for this amendment involved in trying to get to yes. The us back in the game in terms of the Ex- to be considered, but what it does is people who had concerns about your Im Bank because it shut down. It was strike section 1023, which provides for amendment, I understand their con- objected to because it is not germane. the design and planning related to con- cerns. You are able to find a way to ac- I understand that. I am disappointed, struction of a facility in the United commodate those concerns. This is sort but I am not going to stop the whole States to house detainees. This is part of how the legislative process works. bill because I didn’t get what I want. of the constant effort by some to close You get to yes when you can. But why There are other people who are offer- Guantanamo Bay and bring the detain- this is important to America and par- ing amendments that are very impor- ees to the United States. ticularly to me—Senator SULLIVAN tant to them. Ex-Im Bank is very im- In my view, it is essential for the served some time in Afghanistan as a portant to people of South Carolina, United States to maintain the ability marine working in the Embassy deal- but there is a process. The Ex-Im Bank to hold terrorists, both those who were ing with detainee operations. is about jobs that are important to captured in 2002, as well as those whom I did about 140 days on the ground in Americans. This is about lives. This is we may find on the battlefields of ter- Iraq and Afghanistan, mostly in Af- about the here and now. This is not

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There are thousands HEEN has been able to navigate a very from the Taliban saying: We are watch- of people in Afghanistan who have thorny issue and get a solution that is ing. The Americans will leave you. risked their lives to help us, and we are not 100 percent of what she wanted. She They will leave you, and we will re- trying to get some of them out of Af- had to give up thousands of visas just member you. ghanistan to the safety of the United to find a way to move forward. I know what the night letter looks States, honoring their service to make All I can say is that this really is a like because I saw one, but here is the sure other people in the future would big deal. People’s lives are at stake. difference—I never got one. Imagine also want to do the same. This is not a hypothetical issue. All I what it would be like if you woke up The one thing I tell my colleagues, can say is that I hope we can find it tomorrow and the enemy of your coun- the war is not over. Since 2012, 2011, the among ourselves to get to yes on this try, which is trying to take your coun- last time we had some of these debates, and what Senator MORAN is trying to try down, is telling you and your fam- has it gotten better? The world is on do. If we can’t, we can’t, but let me tell ily: We are watching you. We are com- fire right now. The threats to our coun- you this: Senator LEE objected to my ing after you. You are hiding behind try are at an alltime high, in my opin- Ex-Im Bank amendment in committee. the Great Satan, and the Great Satan ion. In 2012, ISIL didn’t even exist. He had every right to do so. It wasn’t will abandon you. Today they are trying to penetrate the germane. It is very important to me. I can tell you what it would do. It homeland. The Homeland Security Sec- We are losing thousands of jobs. South would make those letters real, and retary said what keeps him up at night Carolina is losing hundreds of jobs be- they will take this failure to help peo- is homegrown terrorism. cause the Bank shut down. I will still ple who helped us and make it really The enemy is actively involved in fight to get the Ex-Im Bank operating, hard in the future for us to defend our trying to get people on their side who but what I will not do to help the peo- Nation. live among us. All I can say is, the ple of South Carolina is to put the lives The night letters are going to in- things that have changed over the last of those in Afghanistan at risk. I don’t crease. We had to sit down with these few years are all for the worse, not the think I am helping the people in South people and say: No, we are not going to better, and this amendment is literally Carolina by making it harder for us to abandon you. life and death. I honest to God beg and fight and win a war we can’t afford to It is funny the Senator from New plead with the Members of this body, if lose. I can’t live with myself knowing Hampshire mentioned that. I have a you can’t get everything you want, what is coming their way. resolution that Senator REED has please don’t stop this. I did not get ev- This is not a matter of ‘‘what if’’ to agreed to which urges the President, if erything I want. This really matters. me. I have been there, I have seen it, he chooses, to keep troops at 9,800 Mr. MCCAIN. Will the Senator yield and people are literally going to die. based on conditions. If he felt that was for a question? My amendment is important to me, the right thing, we would all support Mr. GRAHAM. Yes. and it is important to the economy of him and let the next President find out Mr. MCCAIN. Suppose this unani- South Carolina and the Nation. I did if we need to go down in size. I am all mous consent request is objected to by not get my way, but I am not going to for leaving. I just want to make sure a Member. Would my colleague say the stand in the way of people being able to the conditions are right to leave, and I blood of these interpreters who will be avoid being killed. don’t think it is right to go from 9,800 killed and their families murdered is The PRESIDING OFFICER. The Sen- to 5,500. on their hands? Would my friend say ator from New Hampshire. All I can say to Senator SHAHEEN is that just because they didn’t get their Mrs. SHAHEEN. Mr. President, will that these night letters will be larger amendment—by the way, I offered Sen- my colleague from South Carolina in number, and the people who get the ator LEE the chance to bring up his yield for a question? letters are watching what we are doing. amendment on the issue of women in Mr. GRAHAM. Mr. President, I would Mr. MCCAIN. Mr. President, I ask the Selective Service, and he turned be glad to. unanimous consent that the following that down. He said he wanted to take The PRESIDING OFFICER. The Sen- amendments be in order to be offered: up his other amendment first. ator from New Hampshire. Shaheen No. 4604 and Moran No. 4068; I Let the record be clear that I imme- Mrs. SHAHEEN. Mr. President, the further ask there be 5 minutes equally diately approached him and asked: Senator from South Carolina talked divided between the managers or their When do you want to take up the about the fight against ISIL and how designees and that the Senate then amendment on Selective Service? He that is spreading across the Middle proceed to vote in relation to the said: That is not my priority. My pri- East. What kind of message does it amendments in the order listed with no ority is this one here, which apparently send to the Taliban, ISIL, and other second-degree amendments to these he will object to. terrorist groups, should they hear that amendments in order prior to the If we don’t do this and those people we are defeating this program that was votes. are killed by the Taliban because they designed to help those people who The PRESIDING OFFICER. Is there have to stay in Afghanistan—the Sen- helped us? objection? ator from South Carolina would agree Mr. GRAHAM. Mr. President, that is The Senator from Utah. they are the No. 1 target—wouldn’t you a great question. They are called night Mr. LEE. Mr. President, reserving say that those who objected to their letters. Let me tell you how this the right to object, I sat here and I having freedom in the United States of works. I was in Kandahar with the rule heard some fairly hyperbolic argu- America have blood on their hands? of law field forces, and we were trying ments—arguments suggesting somehow Mr. GRAHAM. Mr. President, the to build up the capacity of their judges that anyone who has other amend- first thing I would say is I blame the in Kandahar. The judges were being ments they would like to have consid- Taliban. They are the ones who are killed in large measure, so it was pret- ered are somehow unpatriotic or un- doing the killing. What I would say to ty hard to find anybody who wanted to sympathetic if they don’t allow these Senators is, where you can help people be a judge. amendments to go through. who make our country safer, you We hardened the site, and we put The fact is, I have no problem with should. All of us should try to find a some American troops, along with Af- either of these amendments. I will way to get to yes at least sometimes if ghan soldiers, to try to get a judiciary gladly not only allow a vote on them, you can’t do it all the time. up and running in a really hot spot. We but I will also vote for the amendment I can tell the Members of this body had a couple of police stations that from Senator SHAHEEN and the amend- that I have been to Iraq and Afghani- were being overrun, and we tried to get ment from Senator MORAN. I support

VerDate Sep 11 2014 02:22 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.065 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3704 CONGRESSIONAL RECORD — SENATE June 9, 2016 both of them, but I would like a vote game. If you read their literature, they Mr. GRAHAM. Mr. President, I will on my amendment as well. This is an are talking about how it is easier to in a moment. issue I have worked on for 5 years. This penetrate America than it is to get Let me make this real to you. We issue arose 5 years ago when a provi- somebody to come here. When you lis- will have a big debate. I would love to sion was slipped into the NDAA that ten to the FBI and Homeland Security have a hearing. we passed that year that I think raises director, their No. 1 fear is homegrown This guy pictured here is Anwar al- significant concerns. terrorism. Awlaki. He is dead, thank God. He was I have worked with my colleague, the Here is my view: We will debate the an American citizen and head of Al senior Senator from California, and substance of this later. I think the best Qaeda in Yemen. President Obama put Senators on both sides of the aisle, and thing we can do is pass these two him on the kill list, and we killed him. put together a proposal to deal with amendments. The Ex-Im Bank was That is good. Well done, Mr. President. that language. We put that in and had brought up by Senator SCHUMER, and If you are an American citizen and a vote on it in 2012, and 67 Members of Senator SHELBY objected. He has every you go to Yemen and join Al Qaeda, I this body voted for it, including some right to do so. Senator LEE came on hope you get killed too. If we capture of the people who have spoken in the the floor and talked about what a bad you, you will have your day in court to last few minutes. This is an issue that idea the Bank is, and he has every argue that you are not part of Al became a part of our law because of the right to do so. Qaeda, that we have it all wrong, and NDAA 5 years ago. It is appropriate to In order to allow these two people to the government has to prove that you bring this up now. go forward, the Senator has to get a in fact are. But if the government can Moments ago, the Senator from vote on his amendment. That is what make that argument, the last thing I South Carolina made reference to an this is all about. I didn’t get my want somebody like this to hear is objection I made to an amendment of amendment. I wish that we could have ‘‘Hey, you have a right to remain si- his within the Senate Armed Services had a vote on the Ex-Im Bank reau- lent.’’ I don’t want these people to re- Committee on which he and I serve. It thorization. It really does matter to main silent; I want to hold them as is true that I made an objection be- me. I didn’t get that. enemy combatants and gather intel- cause in the committee we have some Mr. LEE. Mr. President, will the Sen- ligence. I don’t want to torture them. I jurisdictional rules. There are reasons ator yield? don’t want to beat them up. But I don’t why certain amendments aren’t juris- Mr. GRAHAM. Mr. President, if I want to put them in Federal court and dictionally proper within the com- could finish my thought, what I would act like it is not part of the war. I mittee. There was a reason I didn’t suggest to Senator LEE is that the pru- don’t want to criminalize the war; I bring up the amendment that I wanted dent thing for us to do is to have an- want to make sure you have due proc- to vote on within the committee be- other hearing because the last one we ess consistent with being at war. cause of a jurisdictional issue. I was had was in 2012. Listen to the FBI Di- What Senator LEE and others are told last year and this year that if this rector and Homeland Security Sec- suggesting is that if this guy made it is an amendment you want to bring up, retary and see why they feel so strong- to America, came back to his home- the appropriate time to do so is on the ly about homegrown terrorism and see land, and we shot him on the steps of floor and not in committee. The reason if we can find a way to move forward. the Capitol and he survived, we would I did that is that there are jurisdic- But what the Senator from Utah and have to read him his Miranda rights tional issues present within the com- others have said—there is not one and we couldn’t hold him to find out mittee. American being held as an enemy com- under military interrogation what he Again, I don’t have a problem with batant today. There are thousands of knows about this attack and future at- the Shaheen or Moran amendments. I people who have helped us in Afghani- tacks. So what you do when you go will support both of them. All I am stan who will be killed if we don’t do down this road is you stop the ability asking for is to give me a vote on my something about it. to gather intelligence at a time we amendment as well. The Senator from Utah and I will need more information, not less. Therefore, I ask that the unanimous never agree on this issue, and I respect I am not going to belabor this point consent be modified to include my my friend greatly. I believe we are any more. As you can tell, I strongly amendment—amendment No. 4448. fighting a war, not a crime. I will never disapprove of having this debate now The PRESIDING OFFICER. Does the agree that because you are an Amer- without another hearing, going down Senator from Arizona so modify his re- ican citizen, you can collaborate with this road, because so much has quest? the enemy and work actively with Al changed. And I hope you respect where Mr. GRAHAM. Mr. President, I re- Qaeda and ISIL to attack your home- I am coming from. I respect your pas- serve the right to object. land and not be held under the law of sion. I hope you respect my passion on The PRESIDING OFFICER. The Sen- war, which we have been doing for dec- this. ator from South Carolina. ades in other wars. Here is the point: I didn’t get all I Mr. GRAHAM. Mr. President, No. 1, I I do believe in due process. As the want, and I am not going to stop the will object, and let me tell you why. law is written today, if our military or process for others who have done a The last time we had a hearing about intelligence community picks up some- good thing. Here is what you are going the issue of whether or not an Amer- one they believe is collaborating with to do because you are worried about ican citizen can be held as an enemy ISIL or Al Qaeda, someone covered as something that is not real at this mo- combatant if they collaborate with Al an enemy combatant, they can be held, ment because nobody is in custody. Qaeda was 2012. Since 2012, things have but they can be held only if a Federal You are objecting to finding a solution changed all for the worse. judge allows the continued holding. for something that is real for the mo- To my friend from Utah, your amend- You do get a hearing under the habeas ment. ment should be in the Judiciary Com- corpus statute. The government has to Senator MORAN, what you are wor- mittee. That is where primary jurisdic- prove you are, in fact, an enemy com- ried about is real. tion exists. I am chairman of the batant. So all I am asking is that before we Crime, Terrorism Subcommittee. I The last time we had this debate, it can get to yes, let’s get to yes, and if promise that we will have a hearing was suggested this was a slippery slope. you can’t get everything you want be- about your idea that never made it in What prevents you from being held as cause somebody is passionate on the the NDAA, and we will see what has an enemy combatant if you went to a other side, don’t stop everybody else changed from 2012 till now. I think that tea party rally? That was pretty offen- from getting what they want. That, to is much better than having a debate on sive to me then, and it is really offen- me, just makes a stronger country, a the floor of the Senate about some- sive to me now. The idea that somehow better Senate. thing this important that will last 30 American soil is not part of the battle- As you know, I respect you, but I am minutes or an hour. field blows me away. never going to agree with you, ever, be- I would argue to the American people Mr. MCCAIN. Mr. President, will the cause I have been a military lawyer for that the rise of ISIL has changed the Senator yield for a question? 33 years. What you are saying makes

VerDate Sep 11 2014 02:22 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.067 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3705 no sense to me. I am sure you are sin- Now we are talking about a compel- this for 5 years. I got a vote on it 4 cere about it. I think it weakens the ling humanitarian issue that is far years ago, and 67 Senators voted for it. ability to defend this Nation at a time more important than humanitarian be- It was removed in a conference com- when we need all the defenses we can cause we abandon these people, and mittee. Someone said there was confu- get. you can’t expect people in future con- sion as to why it was removed in a con- I am not suggesting that you would flicts or in these conflicts we are in to ference committee; regardless, it was be rounded up by your government, cooperate and help the United States of removed. I have been trying ever since thrown in jail, accused of being an Al America if we are going to abandon then, in subsequent iterations of the Qaeda or ISIL member, and nobody them to a cruel and terrible death. Defense authorization act, to get an- ever hears from you again and you This is a serious issue. This is not other vote on it. never get a chance to speak. That is something that we like to maneuver I served on the Armed Services Com- not the law, and it has never been the around what the steering committee mittee, and I was told by the chairman, law. wants and how we are going to do all my distinguished colleague, the senior I plead with the Senator, please, these kinds of things we get mired Senator from Arizona last year—I told please, let’s take this issue to the Judi- down in, and we will have the Heritage him I wanted to bring it up in com- ciary Committee where it belongs. Foundation write a letter or something mittee. He said: You can’t bring it up Let’s have a hearing, mark up the bill like that. This is a matter of life and in committee because there is a juris- in Judiciary, and then do whatever you death, and that issue and challenge is dictional issue with the Judiciary Com- want to do. Don’t stop these two immediate. mittee. That is better dealt with on the amendments. That is all I am asking. So I appeal to the Senator from floor. Mr. MCCAIN. Mr. President, let me Utah’s humanity, for his compassion, I said: OK. I will deal with it on the also mention a couple of facts. As of 10 for his ability to save lives here, and floor. o’clock this morning, there were 537 let this go through, as the most re- We got to the floor. I was blocked amendments that had been filed—537 spected military and diplomatic lead- from operating on the floor. It didn’t amendments—which is always the case ers in the world have urged us to do. I happen. with the Defense authorization bill. I appeal to the life-or-death situation So this year I was told: You can’t am sure that every Member who filed that will entail a lot of deaths if you bring it up in committee. There is a ju- those amendments wanted a vote and a block this legislation. risdiction issue. You are best served debate on every single one of them, as Mr. GRAHAM. I object to the modi- waiting for the floor for that. is their right, but the fact is that we fication. I said: OK. I will wait for the floor. can’t do that for a whole variety of rea- The PRESIDING OFFICER. Objec- I brought it up again this year. Now sons, including objections, et cetera. tion to the modification is heard. I have been told by the chairman of the So if every Senator blocked every vote Is there objection to the original re- Armed Services Committee, the senior because his or her amendment is not quest? Senator from Arizona, that we will being considered, obviously we would Mr. LEE. I object to the original re- deal with it next year. I have been told never do anything, which is why we quest. by the Senator from South Carolina have done so little here on this bill. The PRESIDING OFFICER. Objec- that he will deal with it at some un- Now we are talking about the lives of tion is heard. known point in the future in a hear- men who have put it on the line for the The Senator from Utah. ing—not markup, just a hearing—in a men and women who are serving. Don’t Mr. LEE. Mr. President, I have been subcommittee of the Judiciary Com- we have some sense of perspective and asked by a couple of my colleagues why mittee which he chairs. priority here? People are going to die, it is that I couldn’t just have the good So we are talking about an issue now I tell the Senator from Utah. They are sense to let their amendments go that was brought up 5 years ago, and I going to die if we don’t pass this through. I say let’s do it. Let’s have it am being told again and again to wait, amendment and take them out of right now. I support the amendment. to wait, to wait more. This is an issue harm’s way. Don’t you understand the Let’s vote on it right now. Let’s vote that got the vote of 67 Members of our gravity of that? Can’t you understand on Senator MORAN’s amendment right body 4 years ago. This is an issue that that your issue on extended detaining now, and let’s vote on mine right now. was brought about by a previous is an important one, but don’t you un- Now the comparison has been made iteration of the National Defense Au- derstand these people’s lives are in by the Senator from South Carolina thorization Act. This is the appropriate danger as we speak? They have been that because he didn’t get his vote be- vehicle in which to address this. marked for death. They have been cause someone objected this morning This is not a frivolity. This is not marked for death. Why do you think to his amendment dealing with the Ex- just some nicety. This is not some pa- General Petraeus and General Nichol- port-Import Bank, that I should also rochial interest. This is a basic human son and Ryan Crocker and all our most have my amendment blocked. rights interest. This is an interest that respected military leaders say with It is important to realize that the relates to some of the most funda- great urgency—they say with urgency Export-Import Bank was not created mental protections in the U.S. Con- that we have to do this because they by a previous iteration of the National stitution. are going to die. They are going to be Defense Authorization Act. The provi- When you say that you want to lock killed. Doesn’t that somehow appeal to sion I am objecting to here and the pro- up American citizens detained on U.S. your sense of compassion for these peo- vision I am trying to address here was, soil without charge, without trial, ple? in fact, created by a previous iteration without access to a jury, indefinitely, Mr. LEE. If the Senator will yield, I of the National Defense Authorization for an unlimited period of time, you will answer—— Act. It was passed in 2011 with, I be- are implicating at a minimum the Mr. MCCAIN. Let me finish. lieve, far too little consideration, with- Fourth, the Fifth and the Sixth and Don’t you understand what is at out the American people being aware of Eighth Amendments to the Constitu- stake here? Do you respect General what they were doing, and it remains tion. These are very significant. Petraeus, General Nicholson, and Gen- on the books to this day. My friend from South Carolina says eral McChrystal? Every one of them The next argument made by my we just need to take a deep breath and has written to us and said that these friend from South Carolina is an inter- deal with this another day. Why does people’s lives are in danger and that esting one, which is that this needs the status quo—the status quo which is this is a moral issue. more of an airing, needs more of a insulting to the history, the traditions, So you are going to object because hearing. He has promised me now a the text, the context of the U.S. Con- your amendment is being blocked, as hearing on the Judiciary Committee stitution—why should that be the sta- so many amendments are blocked. which he chairs. As much as I appre- tus quo? Why should we wait to deal Many, many amendments are blocked. ciate that gesture, that is not enough. with this? Why should the status quo If that is good or bad, I don’t know, but Let me replay a couple of things. be one that is insulting to the Amer- people object. First of all, I have been working on ican people, one that is insulting to the

VerDate Sep 11 2014 02:22 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.068 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3706 CONGRESSIONAL RECORD — SENATE June 9, 2016 descendents of those Japanese Ameri- I am all in favor of the Shaheen these wonderful people, as described by cans who were interned in World War II amendment. I am all in favor of the all of our leaders, to leave a place indefinitely without charge, without Moran amendment. Let’s have a vote where death is almost certain—at least access to trial, without access to the on those two amendments and on the in the case of some of them—because of jury system, without access to their amendment that I have proposed, an some exercise that would have no im- fundamental rights under the Fourth, amendment that is limited and an mediate effect, is that we are blocking Fifth, Sixth, and Eighth Amendments amendment, I should note here, that this ability to save lives. I do not un- under the Constitution, among others? would not foreclose the ability of this derstand. Why should that status quo prevail? body down the road to identify the I yield the floor. Why, moreover, should someone who changed circumstances of the sort that I suggest the absence of a quorum. is concerned about these issues—these some of my colleagues have referred to. The PRESIDING OFFICER. The fundamental human rights issues, It simply says that if the government clerk will call the roll. The legislative clerk proceeded to these fundamental constitutional is going to do this, there has to be a call the roll. rights issues—why should someone who plain statement, a clear statement; Mr. ROUNDS. Mr. President, I ask is concerned about those be maligned that it has to do so expressly; that Con- unanimous consent that the order for and accused of not caring about indi- gress must expressly authorize this the quorum call be rescinded. viduals who would be harmed by the kind of action either in a declaration of The PRESIDING OFFICER. Without non-passage of another amendment? war or an authorization for the use of objection, it is so ordered. Why should that person be blamed military force. I don’t think that is too Mr. ROUNDS. Mr. President, as the when that person—I—is willing to much to ask, especially given the types Senate continues to consider the Na- allow a vote on the Shaheen amend- of constitutional protections we are tional Defense Authorization Act, the ment, on the Moran amendment, as dealing with. NDAA, I rise today to discuss an long as they give me a vote on my If, in fact, we are going to call the amendment in support of my constitu- amendment—an amendment that was American homeland—if, in fact, we are ents who are military retirees, as well allowed a vote 4 years ago, an amend- going to call the territorial jurisdic- as military retirees in many other ment that received 67 votes—a veto- tion of the United States of America States. proof supermajority—only 4 years ago? part of the battlefield, ought we not to My amendment would change a pro- So, having been told again and again have a declaration of war, an author- vision being proposed in this bill that n, wait until next year, wait until next ization for use of military force that requires military retirees and their year, wait until the next committee identifies it as such? I mean, after all, families who don’t have easy access to process, wait until the next floor proc- the precedents that we are talking a military treatment facility, such as ess, after a while, one begins to discern about, the precedents upon which this on a base, to unfairly pay higher a pattern. That is a pattern that I am theory is based are premised on this copays for their prescription medica- discerning. idea that you have enemy combatants tions. TRICARE provides health care There is another pattern that I dis- who become part of an enemy’s fight- services for our servicemembers, our cern, which is a pattern in which when ing force, as was the case of Ex parte military retirees, and their families. you allow government to exercise a Quirin, where you had American citi- Using TRICARE, military retirees certain power, even if it might not zens going over to Germany, putting on can get free prescription drugs at a being exercised at the moment, eventu- a German uniform, and fighting for the military treatment facility. In other ally it will. That is why we put pre- Germans. That was part of that war. words, our military retirees who live cautionary language within our laws. They were enemy combatants on the close to a base have no copays for their That is why we have rights in our laws. battlefield. prescription drugs. However, if they What are rights, after all, but state- There was Ex parte Milligan, where draw these prescriptions from a retail ments of law that restrict action by you had Confederate rebel soldiers who pharmacy or through the TRICARE-ap- the government? were enemy combatants on the battle- proved mail order system, they are re- As Madison noted in Federalist 51, field fighting against the United quired to make a copayment. the government is a reflection of States. So if we are willing to do that, My amendment deals with a provi- human nature. To understand govern- we need a declaration of war. We need sion in today’s bill that directs the De- ment, you have to understand human an authorization for the use of military partment of Defense, or DOD, to in- nature. If men were angels, we would force that states so expressly. That is crease these copayments that military have no need of a government. And if the sole purpose of my amendment. I retirees obtain from a retail pharmacy government could be administered by don’t think that is unreasonable. In or through mail order rather from a angels, we would have no need for these fact, I think that is necessary. military treatment facility. The provi- external constraints on government, on So I would like to get this done. I sion will require those military retir- its ability to exercise power. But we would like to get this done. We can get ees who live far away from a base, have learned through sad experience this done today. Let’s have votes on all without easy access to a military that when human beings get power and three amendments. treatment facility, to get their pre- when they get excessive power, some- The PRESIDING OFFICER. The Sen- scriptions and to pay more for their times they abuse that power, so we ator from Arizona. use of retail pharmacies and mail have to constrain it. And it is impor- Mr. MCCAIN. Mr. President, I guess, order. tant that we decide that we are going finally, I woke up in the middle of the Why would anybody seek to make it to constrain it before the moment ar- night last night thinking about this more expensive for our military retir- rives, lest we see another Korematsu issue. It made me think of a long time ees to receive a benefit they have been moment, lest we see the internment of ago when I saw a lot of brave Ameri- promised just because they live far more American citizens without cans die, some of them in aerial com- away from a military treatment facil- charge, without trial, on an indefinite bat. Several times I thought that per- ity? The answer is simple. It is seques- basis, on the basis of mere accusa- haps I could have prevented their tration. We are making cuts to an ex- tions—accusations unproven, accusa- deaths by being a better airman or tak- isting budget. This provision was in- tions untested by a jury. ing certain actions. It bothers me to serted as a cost-savings measure, one The whole reason for having a Con- this day. that tries to balance and measure out stitution rests on this understanding. I can’t imagine how it must bother the costs based upon or demanded by This fundamental understanding is someone who is literally signing the sequestration. that when government power grows, death warrants of some people who in But we are doing it on the backs of when it expands, it does so at the ex- their innocence decided they would military retirees. It is being done to pense of individual freedom, and it help the United States of America. I try to make some tough budget deci- sometimes does so at great risk to the could not bear that burden. I believe sions. But this arbitrary cost-cutting human soul, at great risk to the ability that what we are doing here by block- measure is estimated to cost our mili- of an individual to remain free. ing this amendment that allow would tary retiree families in rural areas—

VerDate Sep 11 2014 02:22 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.070 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3707 and I emphasize ‘‘in rural areas’’—$2 tration and ask all Americans and any- was so intent on resetting the U.S. re- billion over the next 10 years. I don’t one listening in today—how the Obama lations with the Kremlin that he think it is fair for us to make those administration’s foreign policies have showed a complete lack of resolve. He who live in rural areas—rural years met the goals of greatest possible secu- gave Russia one concession after an- like South Dakota—to pay a higher rity, greatest possible freedom, and im- other in the new START treaty. That copay because of where they live. proving our standing in the world. was in 2010. He had only become Presi- We have made promises to these men I just think that in far too many dent in 2009. In 2010, there was one con- and whom who made incredible sac- cases, in too many parts of the world, cession after another. rifices to protect our country that they the only honest conclusion is that the President Obama showed Vladimir would be able to have adequate health policies of the Obama administration Putin that the American President, insurance coverage, including access to have actually failed. Now, I am not the Barack Obama, could easily be pushed prescription drugs and medicines. It is only one that thinks so. I found it very around. Under this treaty, America is not fair to make them bear a $2 billion interesting when you take a look at cutting our nuclear arsenal while Rus- cost for prescription drugs simply be- what former President Jimmy Carter sia is expanding theirs. It was allowed cause of where they live. My amend- has to say when he was asked about by the treaty. This is the President’s ment would stipulate that if a military this. He said this about President ‘‘best he could do.’’ Russia responded retiree lives more than 40 miles from a Obama: ‘‘I can’t think of many nations to the reset. We remember Hillary military treatment facility, they would in the world where we [the United Clinton there pressing the reset but- not be saddled with this additional States] have a better relationship now ton. Russia responded to the reset of copay. than we did when he [President relations by sending troops into Further, my amendment would re- Obama], took over.’’ Ukraine, by annexing Crimea. Russia quire an assessment by the Department He went on to say that the United moved. of Defense of the added costs that States’ influence, prestige, and re- President Obama shows weakness, would be borne by these military retir- spect—think about this: influence, and Russia moves. Yes, Vladimir Putin ees and their families as a result of in- prestige and respect—in the world is is a thug. When President Obama creased TRICARE prescription drug probably lower now than it was 6 or 7 shows weakness, Putin does the things copays. This will enable Congress to years ago. This is a former President of that thugs do. But that is the Obama make reasonable future decisions with the United States, a Democratic Presi- administration for you. The adminis- regard to increased TRICARE prescrip- dent of the United States, Jimmy Car- tration’s policy on Russia has not pro- tion drug copayments that may have a ter. vided the greatest possible security for disproportionate impact on those liv- So let’s look at some examples. It America—not at all. ing distant from military treatment fa- has been more than 5 years since the But let’s look at Iran. Last week cilities. start of the uprisings in Syria. In Au- President Obama gave a very political I appreciate the opportunity to dis- gust of 2011, President Obama re- speech at the graduation ceremony at cuss my amendment, which would rec- sponded by calling on Bashar Assad to the U.S. Air Force Academy in Colo- tify a serious effect on military retir- step aside. A few months later, Sec- rado Springs. ees and their families. retary of State Hillary Clinton said He criticized Republicans for ques- I yield the floor. that it was only ‘‘a matter of time be- tioning the treaties he negotiates. To The PRESIDING OFFICER. The Sen- fore the Assad regime would fail.’’ me, it seems more like capitulates ator from Wyoming. Well, that was more than 4 years ago. rather than negotiates. While Presi- FOREIGN POLICY Assad is still there. ‘‘A matter of dent Obama negotiated a major treaty Mr. BARRASSO. Mr. President, like time,’’ she said. with Iran over their illicit nuclear many people in this body, I was home The Obama administration did not weapons program, he said it was this or last week in Wyoming honoring the back up its words, and any meaningful war. He thought the treaty was so sacrifice of America’s veterans. Every support for the moderate opposition in great he didn’t want the Senate to day we see evidence of just how much Syria was not there. They did nothing. have a chance to review it. That was it, America relies on our men and women The President did nothing to enforce his way or no. in uniform to keep us safe, to keep us the so-called redline that he drew on In his State of the Union Address in free, to fight for our freedoms, to fight Assad’s use of chemical weapons January, he said that because of the for our safety. Every day we get fresh against his people. Assad used the nuclear deal with Iran, ‘‘the world has reminders that the world continues to chemical weapons, and the President of avoided another war.’’ These are Presi- be a very dangerous place. the United States did nothing. dent Obama’s words. So to me it is disturbing that the The administration’s weak response This is complete fiction, complete Democrats in Washington have done so in Syria essentially gave a green light fiction. The choice was never between much to slow down our efforts to pro- for Assad to continue and a green light his deal and another war. It was a vide for America’s troops—troops we for Russia to come in and pump up and choice between a bad deal and a better need for our national defense. The Na- protect Assad. So I find it interesting deal, and President Obama chose a bad tional Defense Authorization Act that when you take a look at what the deal. we are debating here sets important President of the United States has As they say in the military, if you policies and priorities that have a done. If you go to the Washington Post want it bad enough, you get it bad. And great effect on our national security. for Tuesday, June 7, this was the head- that is what we got, a lesson President A strong American military is abso- line: Obama apparently never learned. lutely essential—essential as we need Empty words, empty stomachs. We have learned from an interview to address the world’s dangers that we Syrian children continue to face starvation with one of the President’s top advisers face overseas before they become direct as another Obama administration promise that this was something the adminis- threats here at home. falls by the wayside. tration knew all along. This adviser, So when I consider legislation like That is what we see with Barack Ben Rhodes, bragged about creating an this, I try to keep one thing in mind: If Obama, another Obama administration echo chamber to help deceive—inten- we want to make America safe and se- promise falling by the wayside. Thou- tionally designed to deceive the Amer- cure, then we need to provide the sands and thousands and hundreds of ican people about the agreement. greatest possible security for our coun- thousands killed. The President’s red- Let’s go back. Before the nuclear try while maintaining the greatest pos- line became a green light. So the invi- deal, there was actually an inter- sible freedom for the American people tation came for Russia to come in. national ban on Iran testing ballistic and also at the same time improving They have done that. missile technology. A ban was in place. America’s standing in the world. Well, what else has Russia done over What is happening today? Well, Iran is So when I look back over the past 7 the past 7 years? Remember how the right back to doing the tests. years, I have to ask the Obama admin- Obama administration launched its so- I remember the administration prom- istration—ask of the Obama adminis- called Russian reset? President Obama ising the inspectors would get access to

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In this case it should be. said ‘‘knew nothing’’ about diplomacy. the Iranian economy is benefiting from That prize remains undeserved. The administration even took extreme access to $100 billion because the American men and women in uniform steps to keep the uncomfortable truths Obama administration gave them sanc- deserve better than what they have from the American people by removing tions relief. What are they going to do gotten from their Commander in Chief. a damaging exchange about whether of- with the money—build roads, build It is now up to Congress to make sure ficials lied about secret talks with Iran hospitals, help educate the young? they receive the support, the equip- in 2012. Don’t count on it because even the ment, and the technology they need to All of this just adds to the perception President’s National Security Advisor protect our country and our citizens. that the Obama administration was admits some of this money is going to The PRESIDING OFFICER. The Sen- willing to go to any length to get this be used by Iran to keep supporting ter- ator from Arkansas. deal done, no matter how bad it is for rorist groups. We see it. We know it— Mr. BOOZMAN. Mr. President, the our national security. Hamas, Hezbollah, and the Houthis in Federal Government’s No. 1 responsi- Senate Republicans have tried to cor- Yemen. bility is to protect the American peo- rect this, of course. We wanted to stop President Obama wanted to get a ple. As the Obama administration ap- this ill-advised Iran deal, but the mi- deal with Iran so badly that he got a proaches its final months, the Amer- nority leader forced his caucus to pro- very bad deal, a bad deal—not for ican people still do not feel, with any tect the President’s legacy. him—for the American people, for our degree of confidence, that Washington We have taken efforts to force the country. The President and his foreign is taking the proper steps to carry out President to present a coherent plan to policy team were willing to say any- that responsibility. The Islamic State defeat ISIS abroad and to protect thing to sell this deal to the American terror group has repeatedly encouraged Americans here at home. That plan is people. The administration’s policy in sympathizers in the West to launch do- still nonexistent. Iran has not provided the greatest pos- mestic attacks. In the group’s self-de- We have inserted language into law sible security for America. clared caliphate in Syria and Iraq, it after law to prevent the closure of I could go on and on talking about continues to carry out atrocities on a Gitmo. In fact, the President is once more places around the world. Mem- daily basis. again threatening to veto the bill we bers of this body are fully aware. The ISIS has no intention of letting up, are currently considering, in part, due American people are fully aware of the and the President’s strategy of scat- to the language that prevents closure failures of this administration. There tered attacks is doing little to slow the of the facility. are so many places where America does terror groups’ strength. A group Presi- We shouldn’t be moving dangerous not have a better relationship now dent Obama once dubbed the JV team terrorists out of Gitmo. If anything, we than we did when President Obama has become a clear and serious threat should be moving more terrorists into came into office—just like Jimmy Car- during his watch. ter said: ‘‘I can’t think of many na- That is just one of the many failures Gitmo. The state-of-the-art facility is tions in the world where we have a bet- during this administration’s foreign more than serving its purpose for de- ter relationship now than when [Presi- policy which is rooted in wishful think- taining the worst of the worst, obtain- dent Obama] took over.’’ ing rather than grounded in reality. ing valuable intelligence from them, So President Obama is going to spend The idea that we can wish away the and keeping these terrorists who are the rest of his time in office trying to Nation’s threats that our Nation faces bent on destroying America from re- create an echo chamber. He will try to by passively withdrawing from the turning to the battlefield. convince people around the world that international stage is a dangerous ap- A report from the Washington Post his foreign policy has been a success, proach. It is this mentality that the yesterday indicates that the Obama ad- but The Economist magazine recently President and his aides used to justify ministration has evidence that about a noted America, under President not calling jihadi attacks what they dozen detainees released from Gitmo Obama, has been a foreign policy—in are, radical Islamic terrorism. The have launched attacks against the their words—‘‘pushover.’’ President has convinced himself that United States or allied forces in Af- As the Senate considers this vital na- radical Islamic terrorism will not be a ghanistan that have resulted in Amer- tional security legislation, the Na- threat if we just call it something else. ican deaths. tional Defense Authorization Act, I Clearly, this is not true. As the threat posed by ISIS grows, think it is important that we honestly It is the same mindset that thinks Gitmo remains the only option to evaluate what the President’s record closing Gitmo and moving dangerous house these terrorists. Any facility on really is, and today the world is less terrorists to U.S. soil is the right thing U.S. soil is not an option. It never was safe, less secure, and less stable than it to do, and it is how we ended up with with Al Qaeda terrorists, nor can it be was 7 years ago. The President and all a deal that does nothing to prevent with ISIS terrorists. the people who have been a part of his Iran from going nuclear but instead The President has failed to under- foreign policy team over the years will emboldens it to belligerently threaten stand the gravity these terrorists pose say whatever it takes to try to hide the United States, our allies like to our homeland. Radical Islamic ter- and disguise the facts. It is time to Israel, and its neighboring Arab States. rorists around the globe are pledging block out the echo chamber. It is time The regime in Tehran acts as if it is allegiance to the group and, as we have to ignore the spin. We need to make virtually untouchable as a result of the seen in Paris, Brussels, and San sure we are providing the greatest pos- Obama administration’s agreement. Bernardino, they are committed to and sible security for America while main- Iran has no intentions of being a re- capable of hitting Westerners at home. taining the greatest possible freedom sponsible, peaceful player in the inter- The President has never presented a for the American people and improving national community. Even before the strategy to Congress for eliminating America’s standing in the world. That deal’s implementation, Iran shame- ISIS, and our sporadic airstrikes have is our responsibility as a legislative lessly violated U.N. Security Council done little to stop the group from body. mandates. Now, free from sanctions, pressing forward and attempting to For decades upon decades, America the Iranians are flush with resources to strengthen its global reach. has been the most powerful and re- build an arsenal to fund terror across While ISIS grows and the United spected Nation on the face of the the region. None of this seems to mat- States sits idly by, Iran, Russia, China, Earth. Under President Obama, Amer- ter to the White House, which was bent and North Korea have ramped up their ican power has declined and respect on making this deal the cornerstone of belligerent actions, putting our secu- around the world has evaporated. its foreign policy. rity at risk around the world. This will

VerDate Sep 11 2014 02:22 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.073 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3709 only continue to increase if we con- freedom for hundreds of millions, if not American leadership in our age. The tinue to chase the diplomacy to the billions, of people by taking the lead to administration’s infamous reset of point where it puts the safety of the fight terrorism, to fight the evil that Russian policy, loudly championed at American people at risk, to the point exists in this world—it is important we the time by Mrs. Clinton, by the way, where any leverage the United States understand America’s decisions. The preceded Russia’s invasion and annex- started with is gone, and to the point decisions made by America’s leaders ation of a neighbor. where we withdraw from conflicts with have enormous impact on events Since the so-called reset with Russia, enemies because it is easier to allow around the world. Russia has acquired a vastly greater someone else to fight the battle. For nearly 8 years, we have been try- role in the Middle East, where Russia We are trying to fix the problems cre- ing to read the President’s foreign pol- had not before been present, much less ated by the Obama administration’s icy tea leaves to divine his purposes dominant. It has demonstrated reli- failures so we can restore the con- and methods of a foreign policy that, ability as a modern capable military fidence of the American people that to me and to many, seems chaotic, ad partner, in contrast with our own their government is working to protect hoc, and directionless. We don’t know unreliability. them here and abroad. Passage of the what the administration is trying to These are just three of the crises the bill before us this week is a good step accomplish—whether we should or next President will face. James Clap- in the right direction. should not engage and at what cost it per, speaking at a public hearing before I yield the floor. would be. These all remain mysteries— the Senate Select Committee on Intel- The PRESIDING OFFICER. The Sen- mysteries to us here in the Senate, ligence, handed out the current assess- ator from Indiana. where we have an obligation to advise ment of the crises the world faces. It Mr. COATS. Mr. President, I am not and consent on foreign policy, and to was 29 pages long, with eight regional on the floor to interrupt any kind of the American people, who continue to crises—I named three of them—and debate relative to this bill, but given ask us: What is going on here? What is each one of them posing a significant the fact we are at a stalemate situa- America’s role? What are we doing? threat to world order and to our own tion and nobody is on the floor, I What should we be doing? What is the people here in the United States. thought I would at least highlight a debate? Since that reset, Russia has acquired foreign policy speech I have been want- The task is made even more daunting a vastly greater role, as I have said. ing to give. I plan to do it in signifi- by the crisis-ridden world we now face. The next President is going to have to cant detail on Monday, if the hours The next President will face foreign face not just these three major crises work out as I think they will. policy challenges from across the but many, many more, and I will talk Let me just take this short amount globe, but three stand out that I would about some of them next week. of time to summarize some of what I especially like to touch on this evening We need a policy from this President have been thinking and that I think is and that I think are especially dan- and from the White House that is based something my colleagues and all of us gerous. Those three are the Middle on a clear linkage to U.S. national in- ought to be thinking about in terms of East, Europe, and Russia. terests and that will articulate a co- herent strategy to guide policy and ac- our foreign policy. Of course, it is re- Let’s look at the Middle East. The re- tions that we take; that will be an ac- lated to our national defense, and that gion is disintegrating. We are now in curate assessment of consequences, is what we are debating today, sup- the midst of the most profound and both short-term and long term; that porting our military. It is unfortunate dangerous redefinition of the region will be transparent, with candor and we are in the situation we are in, but since the end of the Ottoman Empire in realism; that will have ensured re- nevertheless I wish to take a few min- 1917. Borders, regimes, stability, and sources adequate to secure the defined utes to discuss what the next President alliances are all being swept away with policy or task that is being laid out; will be inheriting—whomever that no clear successors. In the center of all of it is ISIS—the and that will show strength and leader- President turns out to be, a Republican most lethal, best funded, dangerous ship coming from the Nation that or Democrat and potentially, I guess I terrorist organization in history—cre- every other free nation in the world de- should say, an Independent, although I ated and metastasized in a vacuum pends upon for guidance, for strength, don’t think that will happen. largely, unfortunately, of our own as an ally or coalition. The next President is going to be making. The American people are yearning faced with a bucket full of foreign pol- At the same time, the civil war in for a coherent foreign policy that is icy issues that President is going to Syria is continuing into its sixth year. clear-eyed, articulate, transparent, and have to deal with. As I said, I hope to The war has created nearly 300,000 with common sense. They want to see speak next week at some time in great- dead, with millions of refugees and in- it, and they want to understand it, and er length about the challenges our ternally displaced persons and with no we have an obligation to let them President will face, but let me summa- end in sight. know what it is. We are not going to rize a few key points that deserve fur- Iran continues its long history of de- get that out of this administration. ther discussion among my colleagues, stabilizing, hostile activities in the re- That is clear. There continues to be and, hopefully, by the Presidential can- gion, now growing its disruptive capac- confused, behind-the-curve reaction to didates during the election campaign. ity in the wake of the misbegotten nu- world events and a lack of a solid pol- It is clear to me, and I believe it is clear deal. icy to deal with it. clear to my Senate colleagues, that the Europe is dealing with the largest If the next President can give the President has failed to clearly define refugee migrant flow since World War American people a coherent foreign America’s global role and a coherent II. This migration is entirely policy that is clear-eyed, articulate, strategy to pursue that goal. It is unsustainable and unmanageable, transparent and with common sense, equally clear that his vision of Amer- threatening European unity and indi- we will once again begin to reassert ica’s role has been woefully inadequate vidual state stability. This crisis could ourselves in terms of being a nation to respond to the growing crises unravel the EU itself and cost trillions dedicated to finding peace and solu- throughout the world. of euros. More than that, it is a hu- tions to major crises around the world. Someone earlier here mentioned, and manitarian disaster. But if we remain guessing about pur- I had mentioned before, that the world The Supreme Allied Commander Eu- pose and direction, while the world dis- is on fire. The Director of National In- rope, General Breedlove, in a discus- integrates around us, our sons and telligence, James Clapper, with 51 sion I had with him not that long ago, daughters will pay a great price. As a years of service in the intelligence correctly said the migration flow has consequence, America will continue to world, has said he has never seen any- been ‘‘weaponized.’’ He argues the mi- be a nation in retreat, and the free thing like this in his 51 years of serv- gration crisis has become a cover for world will be confused and looking for ice—the multitude of crises that exist flows of dangerous terrorists to Europe a leader. around the world and that we are con- and beyond. With that, I yield the floor, as I no- fronted with. As the world’s leading Our Russia policy is one of the big- tice another of my colleagues on the Nation—the Nation that has provided gest and most long-term failures of floor to speak.

VerDate Sep 11 2014 02:22 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.074 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3710 CONGRESSIONAL RECORD — SENATE June 9, 2016 The PRESIDING OFFICER. The Sen- his fellow Rhode Islanders, who rallied Stephen Gulley said: ‘‘As to my own ator from Rhode Island. at the sound of a beating drum to Sa- knowledge, I know nothing about it.’’ Mr. WHITEHOUSE. Mr. President, I bin’s Tavern in Providence. They re- John Cole said he ‘‘saw several people ask unanimous consent to speak for up solved to end once and for all the collected together, but did not know to 10 minutes as in morning business. Gaspee’s menace in Rhode Island any of them.’’ The PRESIDING OFFICER. Without waters. William Thayer was asked: ‘‘Do you objection, it is so ordered. That night, the men shoved off from know anything?’’ GASPEE DAYS Fenner’s Wharf, paddling eight He said a simple ‘‘No.’’ Mr. WHITEHOUSE. Mr. President, I longboats quietly down Narragansett D. Hitchcock said: ‘‘We met at Mr. come here, as I do every year in the Bay, under a moonless sky, toward the Sabin’s, by ourselves, and about 8 Senate, to commemorate the anniver- stranded Gaspee. As told by LCDR Ben- o’clock, I went to the door, or, finally, sary of a brave blow that Rhode Island jamin F. Armstrong in Naval History kitchen, and saw a number of people in struck for liberty and justice—the Magazine, they were led by Captain the street, but paid no attention to Gaspee Affair of 1772. Lindsey and Abraham Whipple, a mer- them.’’ On the night of June 9, and into the chant captain who had served as a pri- Arthur Fenner said: ‘‘I am a man of morning of June 10, 1772, in the waters vateer in the French and Indian War seventy-four years of age, and very of Rhode Island, a band of American and who would go on to command a infirmed, and at the time said schooner Continental Navy squadron in the Rev- patriots pushed back against their was taken and plundered, I was in my olution. Armstrong describes the ex- British overlords and drew the first bed.’’ cursion as ‘‘an increasingly rowdy blood of the struggle that would be- Completely frustrated by the Rhode group of Rhode Islanders who were come the American Revolution. Islanders’ stonewalling, the British American schoolchildren, the pages ready to strike out at the oppressive commissioners dropped the inquiry, here in this room, and all of us no work of the Royal Navy.’’ finding it ‘‘totally impossible at doubt learned in their history books of Beware, increasingly rowdy groups of present to make a report, not having the Boston revelers who painted their Rhode Islanders will be our lesson. all the evidence we have reason to ex- faces and pushed tea into Boston har- The boats silently surrounded the bor. But those same history books Gaspee, then shouted for Lieutenant pect.’’ often omit the tale of the Gaspee, a Dudingston to surrender the ship. Sur- Nick Bunker wrote, ‘‘The British had bloodier saga, which occurred more prised and enraged, Dudingston re- never seen anything quite like the than a year earlier. fused. Armstrong recounts the fierce, if Gaspee affair. . . . Like the Boston Tea As tensions with the American colo- brief, fight that ensued: Party, their attack on the ship nies grew, King George III stationed Dudingston shouted down the hatch, call- amounted to a gesture of absolute de- revenue cutters, armed customs patrol ing for his crew to hurry on deck whether nial: A complete rejection of the em- vessels, along the American coastline they had clothes on or not, and then ran to pire’s right to rule.’’ the starboard bow, where the first of the Rhode Islanders had grown accus- to prevent smuggling, enforce the pay- raiding boats were coming alongside the ment of taxes, and impose the author- tomed to and fiercely protective of a ship. He swung at the attackers with his level of personal freedom unique in ity of the Crown. One of the most noto- sword, pushing the first attempted boarder rious of these ships was the HMS back into the boat. Then a musket shot rang that time. ‘‘Even by American stand- Gaspee, stationed in Rhode Island’s out. The ball tore through the lieutenant’s ards,’’ says Bunker, Rhode Island ‘‘was Narragansett Bay. The Gaspee and its left arm, breaking it, and into his groin. He an extreme case of popular govern- captain, Lieutenant William fell back on the deck as the raiders swarmed ment.’’ Dudingston, were known for destroying over the sides of the ship. Swinging axe han- As Frederic D. Schwarz noted in dles and wooden staves, the raiders beat the fishing vessels, unjustly seizing cargo, American Heritage magazine, one of British seamen back down the hatchway and the exasperated British investigators and flagging down ships that had prop- kept them below decks. Dudingston strug- erly passed customs inspection in New- gled aft and collapsed in his own blood at the even scorned the Rhode Island Colony port only to interrogate and humiliate companionway to his cabin at the stern of as ‘‘a downright democracy.’’ the colonials. the ship. This Rhode Island independence ‘‘The British armed forces had come The struggle was over. One of the streak was well known to the British to regard almost every local merchant Rhode Islanders, a physician named imperialist. But the burning of the as a smuggler and a cheat,’’ wrote au- John Mawney, tended to Dudingston’s Gaspee foretold greater struggles to thor Nick Bunker about that era. wounds. The patriots commandeered come. In the words of Commander Rhode Islanders chafed at this egre- the Gaspee, loaded the British crew Armstrong: gious disruption of their liberty at sea, onto the longboats and took them [British officers] were beginning to realize for ‘‘out of all colonies, Rhode Island ashore, and then set combustibles there was something more dangerous out on was the one where the ocean entered along the length of the Gaspee. They the water and in American harbors. Along- most deeply into the lives of the peo- set her ablaze, and watched from a hill- side the salt air and the smell of wet canvas ple.’’ Something was bound to give. side onshore as the ship burned. was the scent of treason. A revolution began The spark was lit on June 9, 1772, When the fire reached the ship’s mag- on the sandbar of Namquid Point—in the when the Gaspee attempted to stop the spot that bears the name Gaspee on today’s azine, this is what ensued. The Gaspee charts of the Narragansett. Hannah, a swift Rhode Island trading was no more. sloop that ran routes to New York You can be sure that the British au- Oh, and Boston: Nice job a year later through Long Island Sound, bound that thorities immediately called for the with the tea bags. afternoon for Providence from New- heads of the American saboteurs. An Mr. President, I yield the floor. port. When the Gaspee sought to hail inquiry was launched and a lavish re- The PRESIDING OFFICER. The Sen- and board the Hannah, the Hannah’s ward was posted. But even though vir- ator from Iowa. captain, Benjamin Lindsey, ignored tually all of Rhode Island knew about Mr. GRASSLEY. Mr. President, I am Lieutenant Dudingston’s commands. the attack, investigators were able to proud to stand once again with Senator As the Gaspee gave chase, Captain find no witnesses willing to name GILLIBRAND in support of the Military Lindsey veered north toward Pawtuxet names. The entire colony seemed af- Justice Improvement Act. Cove, toward the shallows off Namquid flicted with a terrible case of amnesia. Two years ago, Congress enacted a Point—known today as Gaspee Point— William Staple’s ‘‘Documentary His- number of commonsense reforms as knowing that the tide was low and fall- tory of the Destruction of the Gaspee’’ part of the National Defense Author- ing and that the Hannah drew less describes this distinct cloudiness of ization Act. These changes were mostly water than the Gaspee. The Hannah Rhode Island memories. good, commonsense measures, and I shot over the shallows off the point, James Sabin said: ‘‘I could give no supported them; however, they were but the larger Gaspee ran dead into a information relative to the assembling, not sufficient. sandbar and stuck fast in a falling tide. arming, training or leading on the peo- As I said at that time a year ago, we Captain Lindsey wasted no time in ple concerned in destroying the schoo- are past the point of tinkering with the reporting the Gaspee’s predicament to ner Gaspee.’’ current system and hoping that does

VerDate Sep 11 2014 02:22 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.075 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3711 the trick. I urged the Senate at that from a civilian prosecutor refusing to funds to close Guantanamo. The Na- time to support bold actions that prosecute a case. If the military asks tional Defense Authorization Act, would make sexual assault in the mili- the civilian prosecutor to defer to the NDAA, for 2017 keeps this crucial pro- tary a thing of the past. military’s jurisdiction or if it is done hibition. Unfortunately, those of us arguing by mutual agreement, it is not a case Today I want to discuss one of the for the Military Justice Improvement of a civilian prosecutor turning down a often-overlooked reasons why that pro- Act did not prevail. We were told to prosecution. hibition should continue: the troubling wait and see if the reforms that were As I said, a review of the cases used immigration implications of transfer- included would work, while leaving in to back up the Department of Defense’s ring dangerous terrorist detainees from place the current military justice sys- claims last year found no evidence that Guantanamo to the United States. tem. Well, we have had time to see if civilian prosecutors had refused those This is a serious issue with serious things have really changed. They have same prosecutions. Nevertheless, that consequences, and it is one that hasn’t not. The rate of sexual assault in the was the clear implication of the statis- always been considered as prominently military is unchanged. tics supplied to Congress by the Pen- as it should be. A March 2016 report by Forty-two percent of servicemember tagon last year, and we were all sucked the Center for Immigration Studies survivors who reported retaliation into that. highlighted this problem, and I will were actually encouraged to drop the The response to our letter to Presi- mention that report again in a mo- issue by their supervisor or someone dent Obama claimed that the authors ment. else in the chain of command. That of that review just didn’t understand About 80 detainees remain at Guan- means a crime was committed, and you the meaning of the term ‘‘declined’’ as tanamo today. In April of this year, shouldn’t bother to report the crime. it is used in the military justice sys- nine detainees were released and re- A majority of servicemember sur- tem. The reality is that the informa- turned to Saudi Arabia. According to vivors indicated that they were not tion the Pentagon provided to Congress media reports, one of the most dan- satisfied with the official actions taken was obviously presented in a very mis- gerous terror suspects at Guantanamo against the alleged perpetrator. leading way. was among those released, and he was Three out of four survivors lacked So this question: When military lead- still committed to jihad and killing sufficient confidence in the military ers claimed that civilian prosecutors Americans. He and the rest of the nine justice system to report the crime. had declined to prosecute cases that released terrorists could very well re- Isn’t that awful. If we didn’t have con- the military then prosecuted, would it turn to the battlefield after their so- fidence in the local police to report a have had the same impact if they added called rehabilitation program in Saudi crime, we know just how high the a footnote saying that, in this context, Arabia. Rowan Scarborough of the Wash- crime rate would go. I suppose some- ‘‘declined’’ doesn’t really mean de- ington Times writes that this is ex- body is going to tell me that can’t clined? actly what has happened with about 30 apply to the military, but it does. In To summarize, the reforms we were percent of the detainees that were re- fact, there has been a decrease in the told would reduce military sexual as- leased from Guantanamo: they have re- percentage of survivors willing to saults haven’t worked. And, folks, a sumed or are suspected of restarting, make an unrestricted report of sexual rape is a rape, and a rape is a crime, terrorist activity. assault. and it needs to be reported, and it In fact, Obama administration offi- Two years ago, when military leaders needs to be prosecuted. And, of course, cials have admitted that these detain- were arguing against the reforms Sen- a chief rationale for opposing our re- ees are killing Americans. As the ator GILLIBRAND and I and others were form of the military justice system was Washington Post reported earlier this advocating, Congress was provided based on very misleading data, as I week, ‘‘at least 12 detainees released with data from military sexual assault hope I have made very clear. from the prison at Guantanamo Bay, cases that we now know was very mis- So how many more lives need to be Cuba, have launched attacks against leading. But those statistics and data, ruined before we are ready to take bold U.S. or allied forces in Afghanistan, quite frankly, carried great weight action? If a sexual assault isn’t pros- killing about a half-dozen Americans.’’ with a lot of our colleagues here in the ecuted, predators will remain in the These numbers will likely increase as Senate. We were told at that time that military, and that results in a percep- our intelligence agencies continue to military commanders were taking tion that sexual assault is actually tol- obtain information. Clearly, these de- cases that were ‘‘declined’’ by civilian erated in the military culture. That de- tainees are a deadly group who should prosecutors. The implication was very stroys morale, and it also destroys be held in Guantanamo for as long as clear, as we were told that things will lives. The men and women who have necessary. be all right; the military system re- volunteered to place their lives on the Fortunately, right now the NDAA sults in prosecutions that civilian pros- line deserve better. specifically forbids spending taxpayer ecutors turn down. Taking prosecutions out of the hands funds to transfer any of these detainees An independent report by Protect of commanders and giving them to pro- to the United States. That is why, in a Our Defenders and reported by the As- fessional prosecutors, who are inde- CNN interview earlier this year, Sec- sociated Press shows that there was no pendent of the chain of command, will retary of Defense Ash Carter stated evidence that the military was taking help ensure impartial justice for the that transferring Guantanamo pris- cases that civilian prosecutors would men and women of our armed services. oners to the United States is against not take. That is what Senator GILLIBRAND’s and the law. When Senator GILLIBRAND and I my amendment is all about. But Secretary Carter also said ‘‘there wrote to the President asking for an Let’s not wait any longer. Let’s not are people in Gitmo who are so dan- independent investigation of how this be sucked into certain arguments that gerous we cannot transfer them to the misleading information was allowed to we have been sucked into in the past. custody of another government no be presented to Congress, guess what. Let’s stand up and change the culture matter how much we trust that govern- We received a response from Secretary of the military so that people are pros- ment . . . we need to find another place Carter, and that response said it was ecuted when they do wrongdoing. Let’s and it would have to be the United all a misunderstanding. The Sec- get it done, and get it done on this re- States.’’ But if these individuals are retary’s response went into a semantic authorization bill. too dangerous for any other country, discussion of the meaning of certain Mr. GRASSLEY. Mr. President, one aren’t they too dangerous to bring to terms. of the issues being discussed this week the U.S. as well? Why would we bring Apparently, in the military justice is the restrictions on the transfer of these jihadist terrorist detainees into system, when a civilian prosecutor Guantanamo detainees to the United the United States when this would pose agrees to defer to the jurisdiction of States. In November 2015 and in pre- significant national security risks to the military to prosecute a case, it is vious years, President Obama has the American people? listed as a ‘‘declination.’’ Such a situa- signed annual defense bills that include What particularly worries me about tion is very different—very different— a prohibition on the use of Federal Secretary Carter’s statement is that

VerDate Sep 11 2014 02:22 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.090 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3712 CONGRESSIONAL RECORD — SENATE June 9, 2016 any transfer of Guantanamo detainees of the detainees are tried for their of sexually abusing a 12-year-old girl to the United States would apply high- crimes but not found guilty. And the was released onto American streets ly ambiguous legal doctrines that risk of finding sympathetic, activist when his home country of Bangladesh could mean these terrorists would judges surely is heightened in the cases refused to take him back after he had eventually be released on the streets in of the 28 detainees already cleared for served his sentence. After his release, our homeland. transfer but who have not yet been re- he proceeded to go on a rampage of Very serious questions arise from leased. theft and violence culminating in the this proposition, as the immigration Even if some detainees are pros- brutal murder of a 73-year-old woman. implications of such a potential trans- ecuted and found guilty, they would Given that the Obama administra- fer are far from clear. Some of those serve a sentence, be ordered removed tion already allows the release of con- questions include: What sort of immi- from the United States, and, ideally, be victed, dangerous, criminal aliens into gration status would the Guantanamo removed from our country upon the our communities, I am deeply con- detainees have? May Guantanamo de- sentence’s completion. But what hap- cerned that a similar situation would tainees be detained indefinitely? Could pens if no other country—particularly arise from transferring the terror sus- Guantanamo detainees apply for asy- their home country—is willing to take pects from Guantanamo to the United lum? What immigration benefits would them? This would be very likely, as States. Bringing these hardcore terror- the Guantanamo detainees be eligible statistics provided by the Department ists to the United States would be tan- for? Perhaps most important, how of Homeland Security show there are tamount to injecting a disease into our would U.S. courts rule on these issues, many countries who will simply not society. particularly if a future court decides allow the hardcore terrorist Guanta- As you can see, the potential transfer that the war on terror has ceased? namo detainees back into their coun- of these detainees presents a real prob- We’ve seen Federal courts in the past try. Countries like Iran, Pakistan, lem with serious consequences. Many grant Guantanamo detainees greater China, Somalia and Liberia, just to decisions will have to be made and dis- rights than Congress intended. mention a few, won’t take custody of cussions had regarding the viability of It is my understanding that if these these enemy combatants. Alter- transferring these hardcore terrorist detainees were to be transferred to the natively, what if their home country, detainees to the United States. United States, it would likely be done or another country, is willing to take If the Obama administration decides by granting them ‘‘parole’’ status. Im- them but that country is also likely to to transfer these detainees to the con- migration parole does not constitute mistreat them to gain information tinental United States, this illegal ac- an admission to the United States, but about their terrorist activities? In that tion would force serious constitutional provides permission to enter the case, our obligations under the Conven- issues that could lead to an impasse. United States. It is supposed to be pro- tion Against Torture would prohibit us The matter of bringing hardcore ter- vided on a case-by-case basis, based on from returning the detainees to those rorists into the United States would ‘‘urgent humanitarian reasons’’ or countries. undoubtedly go before the Supreme ‘‘significant public benefit.’’ If any of those removable detainees Court. Pushing to close Guantanamo As an initial matter, I don’t see how do remain in the United States, we and bringing these hardcore terrorists paroling any of these terrorists into won’t be able to keep them detained for to the United States without exhaust- the country could be said to be either very long. The U.S. Supreme Court ing all alternative options is especially a humanitarian gesture or one that ruled in Zadvydas v. Davis that the risky to the American people as it per- constituted a ‘‘significant public ben- United States may not indefinitely de- tains to national security and public efit.’’ But in addition to that concern, tain removable aliens just because no safety. there is almost no precedent for immi- other country would accept them. In I refer my colleagues to the Center gration parole being used as a means of order for the U.S. Government to jus- for Immigration Studies Web site and indefinite detention of aliens on U.S. tify the detention of foreign nationals the March 2016 report by Dan Cadman territory. It should be used as a means longer than six months, the basic rule entitled, ‘‘The Immigration Implica- to an end, such as bringing a criminal is that the government must show that tions of Moving Guantanamo Detainees to the U.S. to serve as witness in a there is a ‘‘significant likelihood of re- to the United States.’’ trial or allowing certain individuals in moval in the reasonably foreseeable fu- Mr. President, I yield the floor. the U.S. to obtain emergency medical ture.’’ The Zadvydas decision has thus The PRESIDING OFFICER. The Sen- care. set a precedent that dangerous, deport- ator from Kansas. Consequently, as the Center for Im- able, convicted criminal aliens who Mr. MORAN. Mr. President, in a mo- migration Studies report I mentioned have completed their sentences, but ment I am going to ask unanimous before recently put it, ‘‘If the Guanta- who cannot be deported to other coun- consent to address an amendment of namo detainees are transferred to the tries, cannot continue to be indefi- mine to the national defense authoriza- United States, we are faced with the nitely detained and must be released. tion bill, amendment No. 4066. very real likelihood of open-ended im- Equally concerning, if a trial were to There is legislation I have introduced migration paroles, which rely on in- take place that resulted in a sentence with a number of my colleagues that definite imprisonment under unde- of anything other than capital punish- then is reflected perhaps identically in fined, little-understood rules and pro- ment or life in prison, then the the amendment I hope we will consider tocols.’’ Zadvydas precedent would most likely this evening. This amendment is re- Given these legal uncertainties, the require the release of the terrorist lated to the National Labor Relations most likely results for detainees within 6 months of the completion of Act, which was enacted in 1935. That brought to the United States who will his or her sentence. The danger any legislation exempted Federal, State, not be tried for their terrorist activi- such releases could present has unfor- and local governments but did not ex- ties, or who the administration other- tunately already been illustrated. The plicitly mention Native American gov- wise intends to hold indefinitely, are Zadvydas decision has already resulted ernments from the purview of the Na- writs of habeas corpus and complaints in extraordinary violence against tional Labor Relations Act. Despite of violations of the Immigration and Americans and threats to public safety. that not being mentioned for 70 years, Nationality Act. In the last 3 years alone, almost the NLRB honored the sovereign status The war on terror has no end in 10,000 criminal aliens have been re- of tribes accorded to them by the U.S. sight, so these legal actions would in- leased from U.S. Immigration and Cus- Constitution. In fact, there is a good evitably arise as a result of the detain- toms Enforcement custody because of argument that the reason tribal gov- ees’ newly established presence on Zadvydas. Too many of these aliens are ernments were not listed in the Labor American soil and the indefinite nature released because the U.S. cannot ob- Relations Act was because the Con- of their detention. tain travel documents from home coun- stitution made clear the sovereign na- I would further expect Federal courts tries. This has real consequences. tion of tribes. So for 70 years, they to be particularly willing to entertain For example, in Hillsdale, NY, a were not affected by the NRLB. Unfor- such writs or other legal actions if any criminal alien who had been convicted tunately, in my view, beginning in 2004,

VerDate Sep 11 2014 02:22 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.091 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3713 the NLRB reversed its treatment of ica’s great values that more than al- We are here because we strongly be- tribes and legally challenged the right most anything—other than democratic lieve that in Congress we should be of tribes to enact so-called right-to- government—created and maintained a working on ways to boost economic se- work laws. middle class, organizing and bargaining curity for more families and help our The amendment I have offered to this collectively. Specifically, the amend- economy grow from the middle out, not bill is pretty straightforward. The Na- ment attempts to overturn NLRB deci- from the top down. A fundamental part tional Labor Relations Act is amended sions that have asserted the Board’s ju- of that is making sure our companies to provide that any enterprise or insti- risdiction over labor disputes on tribal pay workers fairly and provide them tution owned and operated by an In- lands. with safe workplaces and treat them dian tribe and located on tribal lands is The Board has methodically evalu- with respect. Unfortunately, Senator not subject to the NLRA. ated when they do and don’t have juris- BLUMENTHAL and I have come to the This narrow amendment protects diction on tribal lands by using a very floor to speak against a provision that tribal sovereignty and gives tribal gov- carefully crafted test to ensure that would seriously undermine the spirit of ernments the ability to make the best the Board’s jurisdiction would not vio- bipartisanship we have cultivated thus decisions for their people. The amend- late tribal rights and does not interfere far. ment seeks to treat tribal governments in exclusive right to self-governance. As it stands, this bill contains a pro- In a June 2015 decision, the NLRB no differently from other levels of gov- vision that would help shield defense employed the test and did not assert ernment, just like we treat cities and contractors that steal money out of jurisdiction in a tribal land-labor dis- counties across the country. their workers’ paychecks or refuse to pute. Instead, the amendment is part of Sovereignty is an important aspect pay the minimum wage. It would help an agenda to undermine the rights of of tribal relations with their tribal protect the companies that violate American workers. We have seen it reg- members. It is something tribes take workplace safety laws while receiving ularly. We see it in State capitols. We very seriously, and in my view, it is taxpayer dollars, and it would allow saw it in my State capitol 5 years ago something Members of the Senate companies with a history of discrimi- when the Governor went after collec- should take very seriously, in part be- nating against women, people of color, tive bargaining rights for public em- cause it is the right policy, and perhaps and individuals with disabilities to ployees. even more importantly, it is the right continue receiving defense contracts, moral position to have. And of equal For the first and only time in Amer- ican history, voters in a statewide elec- and to me that is unacceptable. value, it is what the Constitution of For too long, the Federal Govern- the United States says. tion said no to rolling back collective bargaining rights. It was the only time ment has awarded billions of taxpayer The legislation on which this amend- dollars to companies that rob workers ment is based was passed by the House it ever happened, and it was by 22 per- centage points. of their paychecks and fail to maintain of Representatives in a bipartisan vote. safe working conditions. To help right Even our former colleague, the late The amendment is part of an agenda to undermine the rights of American those wrongs, President Obama issued Senator Daniel Inouye of Hawaii, wrote the Fair Pay and Safe Workplaces Ex- in 2009 that ‘‘Congress should affirm workers, including 600,000 employees of tribal casinos—75 percent of them are ecutive order, and I was very proud to the original construction of the NLRA support him. by expressly including Indian tribes in not nonnative Indians, non-Indians. Under the new proposed guidelines, the definition of employer.’’ Courts have upheld the application to when a company applies for a Federal This amendment presents Congress the tribes of Federal employment laws, contract, they will need to be upfront with an opportunity to reaffirm the including Fair Labor Standards Act, about their safety, health, and labor constitutional recognition of tribes and the Operational Safety and Health Act, violations over the past 3 years. That the rights accorded to them under the the Employment Retirement Income way, government agencies can consider supreme law of our land. Security Act, and title III of the Amer- Mr. President, I ask unanimous con- icans with Disabilities Act. an employer’s record of providing sent to set aside the pending amend- In addition to harming the thousands workers with a safe workplace and pay- ment and call up my amendment, of already organized workers at com- ing workers what they have earned be- amendment No. 4066; that there be 10 mercial tribal enterprises, this amend- fore granting or renewing Federal con- minutes of debate, equally divided; and ment would establish a dangerous tracts. To be clear, the new rules do that following the use or yielding back precedent to weaken longstanding not prevent these companies from win- of time, the Senate vote in relation to worker protections on tribal lands. ning Federal contracts. The new pro- Mr. President, for these reasons, I ob- the amendment with no second-degree tections will just improve transparency ject. amendment in order prior to the vote. so government agencies are aware of The PRESIDING OFFICER. Objec- the company’s violations and can help The PRESIDING OFFICER (Mr. SUL- tion is heard. them come into compliance with the LIVAN). Is there objection? Mr. MORAN. I regret the objection The Senator from Ohio. law. These are worker protection laws from the Senator from Ohio and indi- that are already on the books, includ- Mr. BROWN. Mr. President, reserving cate that we will continue our efforts the right to object, and I will explain if ing laws that affect our veterans, such to see that this issue is addressed and as the Vietnam Era Veterans’ Read- I could. the sovereignty of tribes across the Na- First of all, this doesn’t belong in justment Assistance Act of 1974. tion is protected. This will have some major benefits NDAA. This is not a defense issue, but Mr. President, I suggest the absence for our workers and taxpayers. First of I would like to talk more substantively of a quorum. all, it will help hold Federal contrac- about it and then make another state- The PRESIDING OFFICER. The tors accountable. American taxpayers ment. clerk will call the roll. I strongly support tribal sovereignty. The senior assistant legislative clerk should have the basic guarantee that I know my colleagues appreciate Sen- proceeded to call the roll. their dollars are going to responsible ator MORAN’s genuine interest in this. Mrs. MURRAY. Mr. President, I ask contractors that will not steal from He is my friend. We have worked on a unanimous consent that the order for their workers or expose their workers number of issues in banking together. the quorum call be rescinded. to safety hazards. This will help pro- We don’t agree on this, but that is the The PRESIDING OFFICER. Without tect basic worker rights and that in way things are. I do believe both sides objection, it is so ordered. turn will help expand economic secu- of the aisle do support tribal sov- Mrs. MURRAY. Mr. President, I am rity for more working families and, fi- ereignty. on the floor this afternoon, along with nally, this new protection will help This amendment, though, is not my good friend and colleague, the sen- level the playing field for businesses about tribal sovereignty. It is about ior Senator from Connecticut. He is that follow our laws. undermining labor laws—laws that pro- going to be here shortly to speak as These businesses should not have to tect the rights of workers to organize well, and I thank him for his leadership compete with corporations that cut and collectively bargain—one of Amer- throughout the NDAA process. corners and put their workers’ safety

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.092 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3714 CONGRESSIONAL RECORD — SENATE June 9, 2016 at risk or cheat workers on their pay- tecting American workers included in a safe, equitable, and fair workplace. checks. It will also have another ben- this Executive order. There is no re- Those are the companies we can trust efit. Some of these same irresponsible quirement to disclose a mere allega- in being our partners in carrying out companies that exploit their workers tion or claim of a violation of one of the Federal Government’s work, as are also irresponsible when it comes to those laws, rather, the Executive order long as they obey the law and are in staying on schedule and on budget. requires, very simply, disclosure of a compliance with it. One report found that among the determination by a court or adminis- Companies that violate those laws companies that had the most egregious trative body of an actual violation. In should not receive taxpayer dollars. workplace violations between 2005 and effect, this Executive order would be Companies that violate the law, very 2009, one-quarter of them also had sig- gutted by the National Defense Au- bluntly, are creating an unlevel play- nificant performance problems like thorization Act now on the floor of this ing field and forcing law-abiding com- cost overruns and schedule delays. So Congress, and the amendment I was in- panies into an unfair competition for these new rules will help the Federal tending to offer is the very same contracts. They can cut corners, save Government choose contractors that amendment that was offered in the money by in effect skirting the law, are actually efficient and effective, NDAA markup and supported by groups present lowball offers, and when they which in return will help save taxpayer like Easter Seals and Paralyzed Vet- are hired, provide poor performance— dollars. erans of America. They worry that the again, wasting Federal funds to the Rewarding efficient and effective language in this law that we now have detriment of taxpayers. contractors should be a bipartisan before us will do a damaging injustice Of course, it is not just about dol- goal, but unfortunately some of my to our veterans and constituents with lars—important to the taxpayer—but colleagues want to give defense con- disabilities and thousands of other em- about workers. Every year, tens of tractors a special carve-out from these ployees working under Federal con- thousands of American workers are de- crucial accountability measures and, tracts. nied overtime wages. Unlawfully dis- to me, that is unacceptable. I am proud to be joined in this effort criminated against in hiring and pay, It is time to stop rewarding Federal by not only Senator MURRAY but also they have their health and safety put contractors that have a history of vio- Senators FRANKEN, GILLIBRAND, at risk by Federal contractors who cut lating workers’ rights. That is why I BROWN, SANDERS, LEAHY, BALDWIN, those corners on workers’ safety or support the amendment of my col- MERKLEY, BOXER, CASEY, and the rank- otherwise deny a basic safe workplace, league from Connecticut, which will ing member of the committee with ju- and that is another reason we need full make sure the Defense Department risdiction over this bill, Senator JACK force and effect to this Executive considers all companies’ full record be- REED of the Armed Services Com- order, not the gutting of it that is con- fore granting or renewing their Federal mittee, where the Presiding Officer and tained now in the NDAA before us. contracts. I sit. Some have called the Fair Pay and Like many of our colleagues, I am fo- We need to ensure that the Fair Pay Safe Workplaces Executive order one of cused on leveling the playing field for and Safe Workplaces Executive Order the most important advances for work- companies that do the right thing by applies across all Federal agencies and ers achieved by this administration, their workers, protect American tax- to all workers, or as many as possible and it is. According to the Department payers, and boost economic security at least, strengthening this vital effort of Labor, one in five Americans are em- for our workers. That is why I remain to protect workers and taxpayer dol- ployed by companies that do business strongly opposed to the damaging pro- lars. It is not only about workers, it is with the Federal Government, an enor- vision in the underlying bill, and I do also about taxpayer dollars. mous source of leverage requiring com- hope our colleagues will join us in sup- The laws that are covered here are pliance with Federal protections, not porting our amendment to undo the sort of the bread-and-butter protec- just in letter but in spirit. We must carve-out and allow these critical pro- tions of all Federal workers and all very simply allow for consistent and tections for our workers to be imple- workers, generally, such as the Ameri- appropriate application of this Execu- mented as they were intended. cans with Disabilities Act, the Family tive order to ensure that workers or I thank the Presiding Officer. and Medical Leave Act, and the Civil contractors under the defense laws I yield the floor and suggest the ab- Rights Act. Other laws that may be have the same protections as other sence of a quorum. more obscure are also covered, but workers. The PRESIDING OFFICER. The they have been around for decades, and The NDAA provision that guts this clerk will call the roll. this measure and those laws are de- Executive order must be removed at The senior assistant legislative clerk signed to protect veterans and women some point. It may not happen in our proceeded to call the roll. from harmful, debilitating discrimina- consideration of this measure now, but Mr. BLUMENTHAL. Mr. President, I tion, among other wrongful practices. my hope is that we can work with col- ask unanimous consent that the order Let’s be very clear. Most companies leagues and overcome the potentially for the quorum call be rescinded. covered by Federal contracts play by harmful effects of this provision. The PRESIDING OFFICER. Without the rules and obey the law. All they I look forward, in fact, to a collegial objection, it is so ordered. would need to do is literally check a effort to make sure that we provide Mr. BLUMENTHAL. Mr. President, box confirming that they are in com- long-term protections to American the amendment I filed, Blumenthal No. pliance. There are no big administra- workers through this Executive order. 4255, will not be made pending, but I tive expenses or elaborate bureaucratic Thank you, Mr. President. want to emphasize the importance of hurdles to overcome. They just need to I yield the floor. the amendment and hope I can work check a box to confirm that they are in I suggest the absence of a quorum. with my colleagues on the substance of compliance. For the small subset of The PRESIDING OFFICER. The it because it is so profoundly impor- companies with compliance issues, the clerk will call the roll. tant to fairness in the workplace and contracting agency would take infor- The senior assistant legislative clerk the protection of American workers. mation about violations into consider- proceeded to call the roll. My friend and colleague, the Senator ation in the procurement process. This Mr. SASSE. Mr. President, I ask from Washington, PATTY MURRAY, has is not to bar them. They can still be unanimous consent that the order for spoken on this issue within the last few considered, but they would then try to the quorum call be rescinded. minutes, and I join her in supporting work with the company to make sure The PRESIDING OFFICER. Without the critical Executive order issued by it comes into compliance with the law. objection, it is so ordered. the President called the Fair Pay and The basic theory of this Executive Mr. SASSE. Mr. President, why is it Safe Workplaces Executive Order. order is a matter of common sense. It that Washington also jumps blindly This effort requires companies doing is not about blacklisting companies. It into culture war fighting? Why is it we business by the Federal Government to is about ensuring that companies that first divide into blue shirts versus red disclose whether they violated any of want to do business with the Federal shirts, retreat into our tribes, and then the 14 longstanding labor laws pro- Government follow the law and provide try to figure out how we can inflict

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.094 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3715 maximum damage on each other? That Let’s not start by fighting about who Maybe we will say we should have is not how adults in the communities to add to the draft. Let’s not start by men who are older than 26 years added across our country solve their prob- trying to import culture warring into a to the draft. Maybe we should add lems, and that is not how they would national security bill. Let’s start by women. Maybe there will be some other like us to be solving our problems, but asking if we are really certain we need configuration of people we would add that is actually what is happening the draft. to the draft. But until we know we right now in this body. I am introducing a simple amend- need more people in the draft or that The legislation before the Senate is ment, and I hope that this body could we need a draft at all, why would we supposed to be about national security, agree that its aim is common sense and dive headlong into what would be the which is the first and most important its aim is to deescalate our bitter con- most controversial version of this de- duty of the Federal Government. Re- flicts. My simple amendment would re- bate. publicans and Democrats, all 100 Mem- place the NDAA’s controversial draft Again, the generals are probably bers of this body, tell ourselves and tell provisions with three relatively non- going to tell us they are fine with an our constituents that we love and want controversial—and I think much more all-volunteer force, but we don’t know to support and provide for the troops. important—steps. that. So why don’t we have them re- I want that to be true. Thus, I think No. 1, my amendment would ask the port back before we start bickering. we should be able to agree that na- Senate to admit that the draft, which One of the fundamental purposes of tional security is far more important last had a call, by the way—the last this body is to debate the biggest than trying to run up partisan scores call of the draft was in December of issues facing the Nation and to do so in in another culture war battle. By the 1972. I was 10 months old, and I think I an honorable way. That is what the way, culture war battles are almost am 5 years older than the youngest Senate is for. The reason we have a never settled well by compulsion, by Member of this body. The last time Senate is to debate—not abstractions— government, and by force. there was a call in the draft was De- but to address and ultimately solve the But here we are, getting ready to cember of 1972. We should probably meatiest challenges that the Constitu- have divide again, this time over the admit that it is time for a reevaluation tion in present circumstances demands issue of women in the draft, and I want instead of just continuing on autopilot. we tackle. Right now women in the to ask why. No. 2, it would sunset the draft 3 draft isn’t really one of those issues, so Let me ask a question that should be years from now unless this body de- I don’t know why we would start fight- obvious. Why are we now fighting cides that we have consulted the gen- ing about it and dividing so many of about drafting our sisters, our mothers, erals and we can tell the American peo- the American people about it. and our daughters into a draft that no ple that we need the draft to continue. If there is any Senator who believes one anywhere is telling us they need? So the second thing it does is sunset that the purpose of the NDAA should Seriously, where is there any general the draft 3 years in the future unless be to have a culture war fight, humbly who has appeared before us and said we would act to restore the draft. I would invite him or her to come to that the most pressing issue or even a No. 3, it requires the Secretary of De- the floor and please make that case. If pressing issue about our national secu- fense to report back to this body—to there is a reason we should have a cul- rity challenges and efforts at the report back to the Congress—in 6 ture war fight in the context of the present time is that we don’t have months on the merits of the Selective NDAA, tell us why we should do it. enough people to draft? Where has that Service System rather than simply But, if not, let’s avoid unnecessary cul- happened? Who has said it? Because I continuing it on status quo autopilot, tural division and stick with the actual have been listening, and I haven’t unscrutinized. national security tasks that are before heard a single person from the national Again, this isn’t asking the Sec- us today. security community come before us retary of Defense to wade into the cul- Mr. President, I suggest the absence and say: Do you know what we need? ture wars or to take a lead in any so- of a quorum. We need more people in the draft. cial engineering. By the way, I am the The PRESIDING OFFICER. The I haven’t heard that conversation father of two girls so there is nobody clerk will call the roll. anywhere. who is going to outbid me on the limit- The legislative clerk proceeded to This fight about women in the draft less potential of young women in call the roll. is entirely unnecessary, and wisdom American life, but that is not what this Mr. GARDNER. Mr. President, I ask should be nudging us to try to avoid is all about. This is about the Sec- unanimous consent that the order for unnecessary fighting. We have enough retary of Defense reporting back to us the quorum call be rescinded. big, real, and important fighting we after consulting with the generals and The PRESIDING OFFICER. Without should be doing around here. Why telling us one of three things. objection, it is so ordered. I think it was a pretty simple ques- would we take on unnecessary fight- f ing? tion. We should have the Secretary of So before we send out our press re- Defense come back before Congress in 6 MORNING BUSINESS leases and before we decide to condemn months and say to us one of three Mr. GARDNER. Mr. President, I ask people that are on the other side of a things. Either, A, the all-volunteer unanimous consent that the Senate be culture war battle, why don’t we just forces we are actually using right now in a period of morning business, with pause and together agree on this one are sufficient and they think the draft Senators permitted to speak therein indisputable fact: We have the best is obsolete, in which case the sunset for up to 10 minutes each. fighting force that the world has ever would just go into effect; or, B, they The PRESIDING OFFICER. Without known. In fact, it is an all-volunteer would tell us that after consideration objection, it is so ordered. force right now. We are not drafting they believe the draft is still necessary f anybody, and no one is recommending and some version of the present draft that we draft anybody. So why are we should be continued; or, C, they actu- REMEMBERING DR. JAMES CRASE having this fight? ally think we have a deficit of human Mr. MCCONNELL. Mr. President, I Rather than needlessly dividing the capital to potentially draft, and they wish to pay tribute to a distinguished American people over a 20th century think we need an expansion of the Kentuckian and talented physician registration process, why wouldn’t we draft. Then this body could debate who who has sadly passed away. Dr. James do this: Why wouldn’t we pause, stop do we expand it to. Crase, a good friend of mine who was a the expansion of the draft, stop to But let’s first have the Secretary of veteran and a former State senator, de- study the purposes of the draft, and ac- Defense consult the generals, come parted this life on May 28. He was 78 tually evaluate whether we need a back to us in 6 months, and say: A, an years old. draft? Maybe we do, but let’s actually all-volunteer force works; B, we have Dr. Crase, born in Letcher County, evaluate it before we start fighting about the right amount of human cap- KY, practiced medicine for over 53 over the most controversial pieces of ital registered for the draft; or C, we years, 40 of those years in his beloved it. think we need to expand the draft. hometown of Somerset, KY. He served

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.097 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3716 CONGRESSIONAL RECORD — SENATE June 9, 2016 as chief of staff at the Lake Cum- party of its merits, thus the trades—you vote Chairman THUNE and Ranking Member berland Regional Hospital. for mine, I’ll smile upon yours,’’ Crase wrote. NELSON—agreed to accept an amend- As a Somerset doctor, he provided He did not seek election to a full term in ment to strike the provision from the care to over 10,000 patient families and 1996. underlying bill. U.S. Senate Majority Leader Mitch McCon- was named ‘‘Citizen Physician of the nell said in a statement Wednesday said This is amendment No. 3704, filed by Year’’ by the Kentucky Academy of Crase will be missed. myself and Senator TILLIS, and cospon- Family Practice. He previously prac- ‘‘As a veteran and former state senator, sored by Senators BLUMENTHAL, ticed medicine in Berea, KY, McKee, Dr. Crase was well-respected in the commu- PERDUE, LEE, and MARKEY. KY, and in Norfolk, VA with the U.S. nity and worked tirelessly to improve the I would now like to yield, if I could, Navy. lives of his constituents,’’ McConnell said. to my colleague from North Carolina, Dr. Crase was elected to the Ken- Crase is survived by three children. Mr. TILLIS. tucky Senate in 1994 and became well (At the request of Mr. REID, the fol- Mr. TILLIS. As a former State legis- known for his dedication to con- lowing statement was ordered to be lator, I very much agree with what my stituent service. After retiring from his printed in the RECORD.) colleague from California has said. In medical practice, he helped create f North Carolina, we worked hard to get ClubMD, a healthcare clinic that fo- the regulatory and legislative frame- VOTE EXPLANATION cused on improving the patient experi- work right for this new technology. In ence. ∑ Mr. WARNER. Mr. President, I regret fact, we commissioned a legislative re- Dr. Crase was deeply involved with I was not present for the June 8, 2016, search committee to propose legisla- the community and committed to vol- vote on the motion to invoke cloture tion and obtained input from stake- unteer service with many organiza- on the compound motion to go to con- holders prior to the bill’s passage. You tions, including the Lake Cumberland ference on H.R. 2577, the Departments see, not all wisdom resides at the Fed- Lincoln Club, the Lake Cumberland of Transportation, and Housing and eral Government. Our system is de- Performing Arts, the Kentucky Med- Urban Development, and Military Con- signed to let States and localities ical Association, the Berea College struction and Veterans Affairs appro- weigh factors that bureaucrats in Board of Trustees, the Somerset Com- priations bill, and the Zika supple- Washington might not consider, such munity College Athletic Directorship, mental appropriations bill. as potential privacy concerns, law en- the First Presbyterian Church of Som- Had I been present, I would have forcement operations, search and res- erset, the Lake Cumberland Regional voted yes on cloture. This bipartisan cue, natural disaster mitigation, infra- Hospital, the Pulaski Civil War Round bill supports our Veterans, invests in structure monitoring—the list goes on. Table, and the United Way. our national infrastructure, and pro- I would add that it was my under- Elaine and I wish to send our deepest vides funding to address the Zika virus. standing as well that Chairman THUNE condolences to Dr. Crase’s family and Additionally, I would have supported and Ranking Member NELSON had gra- many beloved friends during their time the Nelson motion to instruct con- ciously agreed to accept this amend- of grief. Dr. Crase was a friend, a car- ferees and opposed the Sullivan motion ment and that it had been cleared as ing and empathetic physician, and a to instruct conferees.∑ part of a group of noncontroversial devoted public servant. The Common- f amendments. I was disappointed to see wealth of Kentucky is poorer for his SECTION 2152 OF THE FEDERAL that package held up over a disagree- loss. AVIATION REAUTHORIZATION BILL ment on unrelated matters between An area publication, the Lexington other Members. I am encouraged, how- Herald-Leader, published an article de- Mrs. FEINSTEIN. Mr. President, I ever, by the chairman’s and ranking tailing the life and career of Dr. James wish to discuss the issue of preemption members’ commitment to continue ad- Crase. I ask unanimous consent that and ask to engage in a colloquy with dressing our concerns in conference said article be printed in the RECORD. Senators TILLIS and NELSON. committee. There being no objection, the mate- I come to the floor today to discuss Mr. NELSON. Mr. President, my dis- rial was ordered to be printed in the the Federal Aviation Administration tinguished colleague from North Caro- RECORD, as follows: Reauthorization Act of 2016, which lina, Mr. TILLIS, is correct. Chairman [From the Lexington Herald-Leader, June 1, passed the Senate on April 19 by a vote THUNE and I did agree to accept this 2016] of 95 to 3. This vote reflects the strong, amendment as part of a package of 26 LONGTIME SOMERSET PHYSICIAN JAMES CRASE bipartisan work that went into negoti- amendments agreed to by all but one of DIES AT 78 ating this bill, and I hope that the our colleagues. (By Bill Estep) House will take it up. While I am disappointed that these James D. Crase, a longtime Somerset phy- However, there is unfinished business amendments could not clear the full sician who served a partial term in the state with this bill: the need to remove sec- Senate, including one that preserves Senate, died May 28. The Letcher County na- tion 2152. This provision of the bill certain State and local powers to deal tive was 78. would preempt any State or local laws with public safety concerns regarding Crase was a U.S. Navy veteran who worked related to the operation, manufacture, drones, I will work with Chairman as a physician for 53 years, including more design, testing, licensing, registration, THUNE to address this and other issues than 40 years in Somerset, where he served certification, operation, or mainte- as chief of staff of the Lake Cumberland Re- in the conference committee once the gional Hospital and an elder at First Pres- nance of an unmanned aircraft system House has acted. byterian Church. including airspace, altitude, flight f Crase’s obituary said he was proud to have paths, equipment or technology re- provided care to more than 10,000 families quirements, purpose of operations, and REMEMBERING TERESA SCALZO during his time in Somerset. The Kentucky pilot, operator, and observer qualifica- Mr. TOOMEY. Mr. President, today I Academy of Family Practice named Crase its tions, training, and certification. wish to honor Ms. Teresa Scalzo, who Citizen Physician of the Year, the obituary This provision of the bill would be ef- recently passed away after a 23 year said. Crase, a small-government Republican, was fective on the date of enactment prior legal career focused on public service, elected to the state Senate in December 1994 to the FAA promulgating any regula- supporting the victims of violence and to finish the term of a lawmaker who had tions in these areas. sexual assault, and advancing the pros- been convicted in a corruption case. When this came to my attention, as a ecution of those horrible crimes. After Republicans control the Kentucky Senate former mayor, I became very alarmed a battle with an aggressive cancer, Te- now, but were in the minority then. In a about the possible reach of this provi- resa passed away on Monday, May 23, newspaper commentary, Crase expressed sion and how it might impact local 2016. some about the relative lack of communities, State parks, schools, in- A native of Easton, PA, Teresa power of the minority, and with the legisla- tive process. frastructure, and other areas with a earned a law degree from Temple Uni- ‘‘First, one must convince his or her own strong State or local interest. versity School of Law in 1993. Over the party to support the measure. Then comes So I filed two amendments, and, ulti- next 23 years, she held numerous legal the dubious chore of convincing the opposing mately, the managers of this bill— positions, all focused on giving victims

VerDate Sep 11 2014 05:02 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.086 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3717 a voice and advancing the prosecution torney for the District of Nevada for 2 the Wyoming Dental Association, an of these complex cases. years and began his career as a true organization dedicated to supporting Most recently, Teresa served as the public servant to the Silver State. the State’s dentists. From that day deputy director of the U.S. Navy Judge In 1962, Mr. Swobe was first elected forward, the association’s members Advocate General’s Corps Trial Counsel to the Nevada State Assembly. Shortly dedicated themselves to advancing the Assistance Program. In this position, thereafter, he became a member of the practice of dentistry. Teresa helped cultivate and hone the Nevada State Senate, where he served Thanks to extensive progress made in skills of multiple generations of Navy from 1966 to 1974. During his tenure, technology and medical care, modern prosecutors, enhancing the Navy’s abil- Mr. Swobe was a staunch supporter of oral health care has dramatically im- ity to support victims of sexual assault the preservation of Lake Tahoe and led proved. Today there are over 500 li- and to hold perpetrators accountable. the way in establishing the first agree- censed dentists in Wyoming. Our Among the many prestigious and im- ment between then Nevada Governor State’s dentists are dedicated to their portant positions throughout her ca- Paul Laxalt and California Governor patients’ health, not only providing reer, she also served as senior policy Ronald Reagan and the two State legis- dental care but also educating the pub- adviser for the Department of Defense latures in helping to protect the Lake. lic on the importance of oral hygiene. Sexual Assault Prevention and Re- This agreement later established the Every dentist has adopted a profes- sponse Office, director of the National Tahoe Regional Planning Agency, sional code of ethics and works to Center for the Prosecution of Violence TRPA, which continues to protect this maintain the highest standards of ex- Against Women, chief of the sex crimes precious Nevada jewel today. He also cellence. unit at the Northampton County Dis- helped expand the Lake Tahoe park The Wyoming Dental Association is a trict Attorney’s Office, and a member system, including the establishment of leader in promoting dental hygiene. of the sexual assault response team at Sand Harbor State Park. In 2007, he Through its dedicated advocacy and the National Sexual Violence Resource was appointed to serve on the gov- leadership, the association collaborates Center. erning board for the TRPA, where he with the Wyoming Legislature, local Teresa radiated that special balance worked vigorously to help raise aware- government agencies, and nonprofit or- of determination and compassion that ness about wildfire prevention. Resi- ganizations to help the people of Wyo- enabled victims of sexual assault and dents across the State of Nevada and ming. Their achievements are impres- family violence to find their voices in the Lake Tahoe Basin are fortunate to sive. the pursuit of justice. In recognition of have had someone dedicated to work- In particular, dentists around the her accomplishments, she received the ing towards the betterment and protec- State volunteered hundreds of hours to 2009 Visionary Award from Ending Vio- tion of our State. complete Wyoming’s Oral Health Ini- lence Against Women International. In In addition, Mr. Swobe cofounded Ne- tiative, which was designed to gauge 2001, she received the Allied Profes- vada’s Lawyers Concerned for Lawyers, the overall dental health of residents. sional Award for Outstanding Commit- LCL, to help others struggling with al- The initiative provided stakeholders ment to Victims’ Services from the cohol addiction. For over 30 years, he with valuable data that led to the de- Crime Victims Council of the Lehigh dedicated his time to this program, velopment of strategies to improve Valley. which is available to lawyers, judges, education and access to care. Thanks I would like to recognize Ms. Scalzo’s and anyone else in the legal commu- to the Wyoming Dental Association’s honorable commitment and excep- nity in need of support. His legacy and participation in this crucial study, the tional service to victims, the justice love for Nevada, as well as his genuine State is advancing dental health care system, and our country. She is sur- concern for others, will live on for gen- to new levels of success. vived by her mother Marie; her brother erations to come. After 100 years, the Wyoming Dental Carl; his wife Theresa; and her nephew Throughout his life, Mr. Swobe dem- Association is stronger than ever and nieces, Brett, Paige, and Maggie. It onstrated only the highest level of ex- thanks to its incredible leadership. The is an honor to stand in recognition of cellence and dedication while serving dedicated efforts of the association’s this compassionate advocate and seek- the great State of Nevada. I am deeply executive director, Diane Bouzis, and er of justice. appreciative of his hard work and in- its current board of directors continue f valuable contributions to our State. to improve the services its members re- Today, I join citizens across the Silver ceive. Thank you to President Mike REMEMBERING COE SWOBE State in celebrating the life of an up- Shane, President-elect Dana Leroy, Mr. HELLER. Mr. President, today I standing Nevadan, Coe Swobe. Vice President Lance Griggs, Sec- wish to remember a true Nevada f retary-Treasurer Deb Shevick, and statesman and dedicated public serv- ADA Delegates Rod Hill and Brad ant, former Nevada State Assembly- CENTENNIAL OF THE WYOMING Kincheloe. We also acknowledge the man and State Senator Coe Swobe. I DENTAL ASSOCIATION hard work of the State’s district direc- send my condolences and prayers to his Mr. BARRASSO. Mr. President, I am tors, including Lorraine Gallagher, family during this difficult time. Al- honored to recognize the Wyoming Brian Cotant, Steve Harmon, Paul though he will be sorely missed, his Dental Association as it celebrates its Dona, Aaron Taff, and Leslie Basse. legendary influence throughout Nevada 100th anniversary. This historic mile- These incredible individuals serve the will continue on. stone marks the success of the organi- association and their patients with Mr. Swobe was born in 1929 and raised zation’s efforts to assist its members in great integrity. in northern Nevada. He graduated from their mission of achieving the highest Thanks to the strength of the asso- the University of Nevada, Reno, after level of patient care for Wyoming. ciation’s membership, we can always serving in the U.S. Air Force during Life on the frontier posed many chal- count on Wyoming’s dental practi- the Korean war. As one of our Nation’s lenges for Wyoming’s first dentists. tioners to come to Washington. They servicemembers, he made exceptional Pioneer practitioners often traveled provide up-to-date information and sacrifices for our country and deserves long distances through rugged terrain input about the major concerns and our deepest gratitude. His service to to treat their patients. Armed with ru- issues facing the industry. Our entire his country, as well as his bravery and dimentary tools including forceps, State benefits from their advocacy. It dedication to his family and commu- pedal-powered drills, and whiskey to is always great to meet with John nity, have earned him a place in his- kill the pain, these circuit riders treat- Roussalis, Earl Kincheloe, Mike Keim, tory among the many outstanding men ed patients with little or no oversight. Bob Pattalochi, David Okano, Tyler and women who have contributed to Seeing a need for standardization, the Bergien, Brian Hokanson, and Carl our Nation and to our State. Mr. Swobe Wyoming Legislature created the Wyo- Jeffries. These fine folks are excellent later earned his juris doctorate from ming Board of Dental Examiners, representatives of the profession. the University of Denver Sturm Col- which required all practicing dentists The Wyoming Dental Association is a lege of Law. He then returned to Reno, to register with the State. In 1916, sev- remarkable organization committed to where he served as assistant U.S. At- eral licensed dentists joined to form improving dental health care in all of

VerDate Sep 11 2014 05:02 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.082 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3718 CONGRESSIONAL RECORD — SENATE June 9, 2016 Wyoming’s communities. I am pleased over 543 acres or nearly 6 percent of the Colter’s scoutmaster, Tom Burkhart, to offer my sincere appreciation to the town of Stratham has been conserved describes Colter as a natural outdoors- members of the Wyoming Dental Asso- and protected permanently. man and leader, who leads quietly and ciation as they celebrate their centen- Today Stratham is home to the head- kindly but has earned the following nial. quarters of the Timberland Corpora- and respect of his peers. Tom says, f tion and to the only Lindt & Sprungli ‘‘What sets Colter apart is once he sets factory in the United States. his mind to something he’s going to do NATIONAL JERKY DAY This year, on the occasion of all that he needs to do to see it Mr. ROUNDS. Mr. President, today I Stratham’s 300th Anniversary of its through.’’ remind my fellow Americans of Na- founding, I join more than 7,000 resi- Eagle Scouts applicants must present tional Jerky Day on June 12, 2016. dents in commemorating the rich her- a community project that requires Jerky has been a staple of the Amer- itage and valuable contributions to the planning, coordination, and future ican diet since the birth of our Nation State of New Hampshire and our Na- thinking. Colter sought out the Deer because of its portability and high pro- tion.∑ Lodge Parks Board and a local youth tein content. Early settlers learned f club against corporate tobacco, reACT, to coordinate the creation of his bison jerky preparation techniques REMEMBERING GARY DIGIUSEPPE from Native Americans. Lewis and frisbee- course. Colter created a dy- ∑ Clark cured and ate jerky over the Mr. BOOZMAN. Mr. President, today namic team of individuals who came course of their historic expedition. I wish to acknowledge the life of Gary together to provide the communities of Now, our astronauts consume jerky John DiGiuseppe whose passion for ag- Deer Lodge and Powell with a tobacco- riculture and journalism helped keep aboard the International Space Sta- free and entertaining activity. Arkansans informed about the State’s tion. The Eagle Scout is one of the highest No. 1 industry. performance-based achievements a The production of jerky is also an Gary was a man who knew the impor- important component of our national young man can earn. In fact, only 5 tance of dedication and hard work. He percent of scouts attain this ranking. economy. Companies from coast to was fiercely dedicated to his family coast employ thousands of workers to Colter had to secure 21 merit badges and his life’s work. He was a man who ranging from first-aid and camping to produce American-made jerky and dis- possessed a broad base of invaluable tribute it internationally. Our Nation’s environmental science and family life, knowledge that he shared eagerly while holding leadership positions. farmers and ranchers produce high- through his radio shows and literature. quality products that help make the Colter has humbly served Troop 239 as He worked as an agricultural reporter quartermaster, patrol leader, and sen- best jerky in the world. for 35 years. To others in his field, he Therefore, I encourage my fellow ior patrol leader. was known as a true professional of ag- He embodies the boy scout oath to do citizens to enjoy a nutritious jerky riculture. his best, to serve God and his country, snack in celebration of National Jerky Many knew Gary as the man who and to help others at all times in all Day on Sunday, June 12, 2016. started their mornings off with a areas of his life. At Powell County f friendly voice. He was an accomplished High School, Colter is an honor student ADDITIONAL STATEMENTS talk show host and writer. He was who puts forth his best work, earning a known for doing an excellent job re- 4.0 GPA, while juggling three sports: porting on conferences and interviews. football, basketball, and track. STRATHAM’S 300TH ANNIVERSARY There are few who do not trust his edu- I have no doubt this young man’s CELEBRATION cated opinion. His writing has also hard work and dedication will be re- ∑ Ms. AYOTTE. Mr. President, today I been published in the ‘‘Arkansas warded. As an Eagle Scout, he will be wish to honor the 300th anniversary of Money & Politics’’ magazine. joining the ranks of impressive individ- Gary was often referred to as an the town of Stratham, New Hampshire. uals such as Neil Armstrong and Ger- asset, trustworthy, and well informed. Stratham is located in southeast New ald Ford. I hope you will join me in In addition, he was well versed in other Hampshire, in a region inhabited by wishing Colter the best of luck as he aspects of life. He was an accomplished Native Americans for thousands of prepares for his Eagle Scout board of musician and stood firm on his impor- ∑ years before the arrival of Europeans review. tant principles through determined dis- on our shores. It was first settled in f cipline. 1631, and in 1709, the residents peti- Gary always represented situations TRIBUTE TO WILLIAM PARK tioned for the creation of their own clearly and fair in his reporting. I was ∑ Mr. HELLER. Mr. President, today I town in order to build a school, church, happy to talk with him about the agri- wish to recognize an upstanding Ne- and meeting house. Lieutenant Gov- cultural topics that he was researching vadan, William Park, who has served as ernor George Vaughn granted residents and reporting on. a volunteer firefighter for the Smith permission, on March 20, 1716, to col- He maintained a passion for learning Valley Fire Protection District for lect taxes, hold town meetings, elect and teaching all aspects of agriculture. over 50 years. It gives me great pleas- selectmen, appoint a minister, and I am remembering Gary today as a ure to recognize his years of hard work build a meeting house on Kings Grant true friend of Arkansas agriculture. My and dedication to creating a safe envi- Highway. The location of the original thoughts and prayers go out to Gary’s ronment for the Smith Valley commu- Stratham Meeting House is where the wife, Mary, and his entire family. I nity. Stratham Community Church stands humbly offer my gratitude and appre- Mr. Park joined the Smith Valley today. ciation for one of Arkansas’ finest agri- Fire Protection District as a volunteer In 1906, a park was opened in town culture advocates.∑ firefighter in 1966. He was one of the after Edward Tuck sold 70 acres of land f first Emergency Medical Services, to the town of Stratham for $1. Mr. EMS, instructors in the State as part Tuck’s major stipulation during the TRIBUTE TO COLTER SCULLY of the Professional Rescue Instructors transfer of Stratham Hill Park’s land ∑ Mr. DAINES. Mr. President, I would of Nevada, where he trained hundreds was that ‘‘it was given for the free use like to acknowledge an exceptional of emergency medical technicians. In and enjoyment of the residents of Montanan, Colter Scully. Colter is a just 10 years, Mr. Park rose in the Stratham and the surrounding commu- rising senior at Powell County High ranks and was selected to serve as as- nities.’’ In 1966, the town of Stratham School and is preparing for his board of sistant fire chief and later fire chief of celebrated their 250th anniversary and reviews to complete his Eagle Scout the District. In the late 1970s, Mr. residents have gathered every year application. Three years ago, Colter Park’s construction company, Park since to celebrate their founding at was inspired to create a frisbee-golf Construction, rebuilt the Smith Valley what is now known as the Stratham course in his community. Thanks to Fire Protection District’s Wellington Fair. A Land Protection Committee his leadership and , the Station, growing the facility to two ap- was created in 2002, and a decade later, course was opened on May 31, 2016. paratus bays. By 1980, he became the

VerDate Sep 11 2014 05:02 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.077 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3719 president of the Nevada State Fire- Mrs. Cole, one of its reading clerks, an- INTRODUCTION OF BILLS AND fighters Association, NSFA, while con- nounced that the House has passed the JOINT RESOLUTIONS tinuing to serve as fire chief. Mr. Park following bill, with amendment, in is truly a role model in the fire services which it request the concurrence of the The following bills and joint resolu- community throughout northern Ne- Senate: tions were introduced, read the first vada and across the Silver State. S. 2276. An act to amend title 49, United and second times by unanimous con- In August of 1979, Mr. Park was badly States Code, to provide enhanced safety in sent, and referred as indicated: burned during an accident after a pipeline transportation, and for other pur- By Mr. KING (for himself, Mr. NELSON, Wednesday night training class and poses. and Mr. BURR): spent weeks recovering in the intensive The message further announced that S. 3039. A bill to support programs for mos- care unit. This incident brought great the House has passed the following quito-borne and other vector-borne disease support from the Nevada fire family bills, in which it requests the concur- surveillance and control; to the Committee and ultimately led to the creation of rence of the Senate: on Health, Education, Labor, and Pensions. By Mr. BLUNT: the NSFA Benevolence Fund and the H.R. 3826. An act to amend the Omnibus Smith Valley Fire Protection District Public Land Management Act of 2009 to mod- S. 3040. An original bill making appropria- ify provisions relating to certain land ex- tions for the Departments of Labor, Health Community Assistance Fund. Even and Human Services, and Education, and re- after this traumatic experience, Mr. changes in the Mt. Hood Wilderness in the State of Oregon. lated agencies for the fiscal year ending Sep- Park showed great resilience and con- H.R. 4775. An act to facilitate efficient tember 30, 2017, and for other purposes; from tinued to serve the district as assistant State implementation of ground-level ozone the Committee on Appropriations; placed on chief and by instructing EMS training. standards, and for other purposes. the calendar. To this day, Mr. Park continues to be f By Mr. PAUL: an active participant with the district S. 3041. A bill to repeal the Military Selec- and responded to over 50 percent of de- MEASURES REFERRED tive Service Act; to the Committee on partment calls in 2015. Mr. Park stands The following bill was read the first Armed Services. as a shining example of someone who and the second times by unanimous By Mr. BLUMENTHAL (for himself, has gone above and beyond for those consent, and referred as indicated: Mr. LEAHY, Mr. FRANKEN, and Mr. DURBIN): around him. H.R. 4775. An act to facilitate efficient It is the brave men and women who State implementation of ground-level ozone S. 3042. A bill to amend title 38, United serve in our local fire departments that standards, and for other purposes; to the States Code, to clarify the scope of proce- dural rights of members of the uniformed help keep our communities safe. These Committee on Environment and Public Works. services with respect to their employment heroes selflessly put their lives on the f and reemployment rights, and for other pur- line every day. I extend my deepest poses; to the Committee on Veterans’ Af- gratitude to Mr. Park for his coura- REPORTS OF COMMITTEES fairs. geous contributions to the people of The following reports of committees By Ms. KLOBUCHAR (for herself and Smith Valley and the Silver State. His were submitted: Mrs. ERNST): sacrifice and courage earn him a place By Mr. BLUNT, from the Committee on S. 3043. A bill to direct the Secretary of among the outstanding men and Appropriations, without amendment: Veterans Affairs to carry out a pilot pro- women who have valiantly put their S. 3040. An original bill making appropria- gram establishing a patient self-scheduling lives on the line to benefit others. tions for the Departments of Labor, Health appointment system, and for other purposes; Mr. Park has demonstrated profes- and Human Services, and Education, and re- to the Committee on Veterans’ Affairs. By Mr. SANDERS: sionalism, commitment to excellence, lated agencies for the fiscal year ending Sep- and dedication to the highest standards tember 30, 2017, and for other purposes (Rept. S. 3044. A bill to provide certain assistance No. 114–274). of the Smith Valley Fire Protection for the Commonwealth of Puerto Rico, and By Mr. BARRASSO, from the Committee for other purposes; to the Committee on Fi- District. I am both humbled and hon- on Indian Affairs, with an amendment in the nance. ored by his service and am proud to nature of a substitute: By Mr. GRASSLEY (for himself and call him a fellow Nevadan. Today I ask S. 1879. A bill to improve processes in the Mr. LEAHY): Department of the Interior, and for other all of my colleagues to join me in rec- S. 3045. A bill to amend title 18, United ognizing Mr. Park for his years of hard purposes (Rept. No. 114–275). By Mr. GRASSLEY, from the Committee States Code, to reform certain forfeiture pro- work, and I give my deepest apprecia- on the Judiciary, with amendments: cedures, and for other purposes; to the Com- tion for all that he has done to make S. 2944. A bill to require adequate reporting mittee on the Judiciary. Nevada a safer place. I offer him my on the Public Safety Officers’ Benefit pro- By Mr. CASEY (for himself, Ms. KLO- best wishes for many successful and gram, and for other purposes. BUCHAR, and Mr. BLUMENTHAL): fulfilling years to come.∑ By Mr. VITTER, from the Committee on S. 3046. A bill to require the Consumer Small Business and Entrepreneurship, with Product Safety Commission to promulgate a f an amendment in the nature of a substitute: consumer product safety rule for free-stand- MESSAGES FROM THE PRESIDENT S. 2992. A bill to amend the Small Business ing clothing storage units to protect chil- Act to strengthen the Office of Credit Risk dren from tip-over related death or injury, Messages from the President of the Management of the Small Business Adminis- and for other purposes; to the Committee on United States were communicated to tration, and for other purposes. Commerce, Science, and Transportation. the Senate by Mr. Williams, one of his S. 3009. A bill to support entrepreneurs By Mr. LEE (for himself, Mr. CRUZ, Mr. serving in the National Guard and Reserve, secretaries. INHOFE, and Mr. VITTER): and for other purposes. f By Mr. VITTER, from the Committee on S. 3047. A bill to help individuals receiving Small Business and Entrepreneurship, with- assistance under means-tested welfare pro- EXECUTIVE MESSAGES REFERRED out amendment: grams obtain self-sufficiency, to provide in- As in executive session the Presiding S. 3024. A bill to improve cyber security for formation on total spending on means-tested small businesses. welfare programs, to provide an overall Officer laid before the Senate messages spending limit on means-tested welfare pro- f from the President of the United grams, and for other purposes; to the Com- States submitting sundry nominations EXECUTIVE REPORT OF mittee on Finance. and withdrawals which were referred to COMMITTEE By Mr. FLAKE (for himself and Mr. ALEXANDER): the appropriate committees. The following executive report of a (The messages received today are nomination was submitted: S.J. Res. 35. A joint resolution providing printed at the end of the Senate for congressional disapproval under chapter 8 By Mr. BLUNT for the Committee on Rules of title 5, United States Code, of the final proceedings.) and Administration. rule of the Department of Labor relating to Carla D. Hayden, of Maryland, to be Li- f ‘‘Interpretation of the ‘Advice’ Exemption in brarian of Congress for a term of ten years. MESSAGE FROM THE HOUSE Section 203(c) of the Labor-Management Re- (Nominations without an asterisk porting and Disclosure Act’’; to the Com- At 11:36 a.m., a message from the were reported with the recommenda- mittee on Health, Education, Labor, and House of Representatives, delivered by tion that they be confirmed.) Pensions.

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G09JN6.080 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3720 CONGRESSIONAL RECORD — SENATE June 9, 2016 SUBMISSION OF CONCURRENT AND (Mr. HEINRICH) was added as a cospon- ground-level ozone standards, and for SENATE RESOLUTIONS sor of S. 1661, a bill to amend title other purposes. The following concurrent resolutions XXVII of the Public Health Service Act S. 2892 and Senate resolutions were read, and to preserve consumer and employer ac- At the request of Ms. STABENOW, the referred (or acted upon), as indicated: cess to licensed independent insurance names of the Senator from Oregon (Mr. WYDEN) and the Senator from Georgia By Mr. FLAKE (for himself, Mr. COONS, producers. Mr. ISAKSON, and Mr. DURBIN): S. 1911 (Mr. PERDUE) were added as cosponsors S. Res. 485. A resolution to encourage the At the request of Ms. COLLINS, the of S. 2892, a bill to accelerate the use of Government of the Democratic Republic of names of the Senator from Alaska (Mr. wood in buildings, especially tall wood the Congo to abide by constitutional provi- SULLIVAN) and the Senator from Cali- buildings, and for other purposes. sions regarding the holding of presidential S. 2904 elections in 2016, with the aim of ensuring a fornia (Mrs. FEINSTEIN) were added as At the request of Mr. WHITEHOUSE, peaceful and orderly democratic transition cosponsors of S. 1911, a bill to imple- of power; to the Committee on Foreign Rela- ment policies to end preventable ma- the name of the Senator from New Jer- tions. ternal, newborn, and child deaths glob- sey (Mr. MENENDEZ) was added as a co- By Mr. RUBIO (for himself and Mr. ally. sponsor of S. 2904, a bill to amend title ASSIDY II of the Social Security Act to elimi- C ): S. 2212 S. Res. 486. A resolution commemorating nate the five month waiting period for At the request of Mr. KING, the name ‘‘Cruise Travel Professional Month’’ in Octo- disability insurance benefits under of the Senator from Oregon (Mr. ber 2016; to the Committee on Commerce, such title for individuals with Science, and Transportation. MERKLEY) was added as a cosponsor of amyotrophic lateral sclerosis. By Mrs. ERNST: S. 2212, a bill to amend the Federal S. 2912 S. Res. 487. A resolution commemorating Election Campaign Act of 1971 to re- At the request of Mr. JOHNSON, the the 100th anniversary of the Reserve Officers’ quire all political committees to notify Training Corps program of the Army; consid- names of the Senator from Indiana the Federal Election Commission with- ered and agreed to. (Mr. COATS) and the Senator from Wyo- in 48 hours of receiving cumulative ming (Mr. BARRASSO) were added as co- f contributions of $1,000 or more from ADDITIONAL COSPONSORS sponsors of S. 2912, a bill to authorize any contributor during a calendar the use of unapproved medical products S. 217 year, and for other purposes. by patients diagnosed with a terminal At the request of Mr. BLUMENTHAL, S. 2551 illness in accordance with State law, the name of the Senator from New At the request of Mr. CARDIN, the and for other purposes. Mexico (Mr. UDALL) was added as a co- name of the Senator from Minnesota S. 2918 sponsor of S. 217, a bill to protect a (Mr. FRANKEN) was added as a cospon- At the request of Mr. TESTER, the woman’s right to determine whether sor of S. 2551, a bill to help prevent acts name of the Senator from Wisconsin and when to bear a child or end a preg- of genocide and mass atrocities, which (Ms. BALDWIN) was added as a cospon- nancy by limiting restrictions on the threaten national and international se- sor of S. 2918, a bill to amend title 5, provision of abortion services. curity, by enhancing United States ci- United States Code, to clarify the eligi- S. 461 vilian capacities to prevent and miti- bility of employees of a land manage- At the request of Mr. CORNYN, the such crises. ment agency in a time-limited appoint- name of the Senator from Arizona (Mr. S. 2595 ment to compete for a permanent ap- FLAKE) was added as a cosponsor of S. At the request of Mr. CRAPO, the pointment at any Federal agency, and 461, a bill to provide for alternative fi- names of the Senator from Montana for other purposes. nancing arrangements for the provision (Mr. DAINES) and the Senator from S. 2924 of certain services and the construc- California (Mrs. BOXER) were added as At the request of Mr. REID, the tion and maintenance of infrastructure cosponsors of S. 2595, a bill to amend names of the Senator from at land border ports of entry, and for the Internal Revenue Code of 1986 to (Mr. MENENDEZ), the Senator from other purposes. permanently extend the railroad track California (Mrs. FEINSTEIN) and the S. 1301 maintenance credit. Senator from Maine (Mr. KING) were At the request of Ms. HIRONO, the S. 2694 added as cosponsors of S. 2924, a bill to name of the Senator from Washington At the request of Mr. TOOMEY, the award a Congressional Gold Medal to (Mrs. MURRAY) was added as a cospon- name of the Senator from Ohio (Mr. former United States Senator Max sor of S. 1301, a bill to amend title IV PORTMAN) was added as a cosponsor of Cleland. of the Personal Responsibility and S. 2694, a bill to ensure America’s law S. 2946 Work Opportunity Reconciliation Act enforcement officers have access to At the request of Mr. BOOKER, the of 1996 to restore Medicaid coverage for lifesaving equipment needed to defend name of the Senator from Ohio (Mr. citizens of the Freely Associated themselves and civilians from attacks PORTMAN) was added as a cosponsor of States lawfully residing in the United by terrorists and violent criminals. S. 2946, a bill to amend title 5, United States under the Compacts of Free As- States Code, to include certain Federal S. 2759 sociation between the Government of positions within the definition of law At the request of Mrs. ERNST, the the United States and the Govern- enforcement officer for retirement pur- name of the Senator from Illinois (Mr. ments of the Federated States of Mi- poses, and for other purposes. KIRK) was added as a cosponsor of S. cronesia, the Republic of the Marshall S. 2984 2759, a bill to amend the Internal Rev- Islands, and the Republic of Palau. At the request of Mr. CORNYN, the enue Code of 1986 to provide a non- S. 1421 name of the Senator from Florida (Mr. refundable credit for working family At the request of Mr. HATCH, the RUBIO) was added as a cosponsor of S. caregivers. name of the Senator from North Caro- 2984, a bill to impose sanctions in rela- lina (Mr. TILLIS) was added as a co- S. 2854 tion to violations by Iran of the Gene- sponsor of S. 1421, a bill to amend the At the request of Mr. BURR, the name va Convention (III) or the right under Federal Food, Drug, and Cosmetic Act of the Senator from Minnesota (Ms. international law to conduct innocent to authorize a 6-month extension of KLOBUCHAR) was added as a cosponsor passage, and for other purposes. certain exclusivity periods in the case of S. 2854, a bill to reauthorize the Em- S. 2993 of approved drugs that are subse- mett Till Unsolved Civil Rights Crime At the request of Mrs. FISCHER, the quently approved for a new indication Act of 2007. name of the Senator from Idaho (Mr. to prevent, diagnose, or treat a rare S. 2882 RISCH) was added as a cosponsor of S. disease or condition, and for other pur- At the request of Mrs. CAPITO, the 2993, a bill to direct the Administrator poses. name of the Senator from West Vir- of the Environmental Protection Agen- S. 1661 ginia (Mr. MANCHIN) was added as a co- cy to change the spill prevention, con- At the request of Mr. COONS, the sponsor of S. 2882, a bill to facilitate ef- trol, and countermeasure rule with re- name of the Senator from New Mexico ficient State implementation of spect to certain farms.

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.026 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3721 S. 3009 cosponsors of amendment No. 4118 in- amendment No. 4267 intended to be pro- At the request of Mrs. SHAHEEN, the tended to be proposed to S. 2943, an posed to S. 2943, an original bill to au- name of the Senator from Delaware original bill to authorize appropria- thorize appropriations for fiscal year (Mr. COONS) was added as a cosponsor tions for fiscal year 2017 for military 2017 for military activities of the De- of S. 3009, a bill to support entre- activities of the Department of De- partment of Defense, for military con- preneurs serving in the National Guard fense, for military construction, and struction, and for defense activities of and Reserve, and for other purposes. for defense activities of the Depart- the Department of Energy, to prescribe S. 3022 ment of Energy, to prescribe military military personnel strengths for such At the request of Mr. WHITEHOUSE, personnel strengths for such fiscal fiscal year, and for other purposes. the name of the Senator from Michigan year, and for other purposes. AMENDMENT NO. 4310 (Ms. STABENOW) was added as a cospon- AMENDMENT NO. 4178 At the request of Mrs. GILLIBRAND, sor of S. 3022, a bill to designate cer- At the request of Mr. SCHUMER, the the name of the Senator from Mary- tain National Forest System land and names of the Senator from Rhode Is- land (Mr. CARDIN) was added as a co- certain public land under the jurisdic- land (Mr. WHITEHOUSE) and the Senator sponsor of amendment No. 4310 in- tion of the Secretary of the Interior in from New Hampshire (Mrs. SHAHEEN) tended to be proposed to S. 2943, an the States of Idaho, Montana, Oregon, were added as cosponsors of amend- original bill to authorize appropria- Washington, and Wyoming as wilder- ment No. 4178 intended to be proposed tions for fiscal year 2017 for military ness, wild and scenic rivers, wildland to S. 2943, an original bill to authorize activities of the Department of De- recovery areas, and biological con- appropriations for fiscal year 2017 for fense, for military construction, and necting corridors, and for other pur- military activities of the Department for defense activities of the Depart- poses. of Defense, for military construction, ment of Energy, to prescribe military S. 3024 and for defense activities of the De- personnel strengths for such fiscal At the request of Mr. VITTER, the partment of Energy, to prescribe mili- year, and for other purposes. tary personnel strengths for such fiscal name of the Senator from Delaware AMENDMENT NO. 4320 year, and for other purposes. (Mr. COONS) was added as a cosponsor At the request of Mr. SCHATZ, the of S. 3024, a bill to improve cyber secu- AMENDMENT NO. 4222 name of the Senator from Illinois (Mr. At the request of Ms. MURKOWSKI, the rity for small businesses. KIRK) was added as a cosponsor of names of the Senator from Georgia S. RES. 349 amendment No. 4320 intended to be pro- (Mr. ISAKSON), the Senator from Mon- At the request of Mr. ROBERTS, the posed to S. 2943, an original bill to au- names of the Senator from New Hamp- tana (Mr. TESTER) and the Senator thorize appropriations for fiscal year from California (Mrs. BOXER) were shire (Ms. AYOTTE) and the Senator 2017 for military activities of the De- added as cosponsors of amendment No. from Florida (Mr. RUBIO) were added as partment of Defense, for military con- cosponsors of S. Res. 349, a resolution 4222 intended to be proposed to S. 2943, struction, and for defense activities of congratulating the Farm Credit Sys- an original bill to authorize appropria- the Department of Energy, to prescribe tem on the celebration of its 100th an- tions for fiscal year 2017 for military military personnel strengths for such niversary. activities of the Department of De- fiscal year, and for other purposes. fense, for military construction, and S. RES. 479 for defense activities of the Depart- AMENDMENT NO. 4327 At the request of Mr. MARKEY, the ment of Energy, to prescribe military At the request of Mr. THUNE, the name of the Senator from Vermont personnel strengths for such fiscal name of the Senator from North Caro- (Mr. LEAHY) was added as a cosponsor year, and for other purposes. lina (Mr. TILLIS) was added as a co- of S. Res. 479, a resolution urging the AMENDMENT NO. 4229 sponsor of amendment No. 4327 in- Government of the Democratic Repub- tended to be proposed to S. 2943, an At the request of Mr. INHOFE, his lic of the Congo to comply with con- name was added as a cosponsor of original bill to authorize appropria- stitutional limits on presidential terms amendment No. 4229 proposed to S. tions for fiscal year 2017 for military and fulfill its constitutional mandate 2943, an original bill to authorize ap- activities of the Department of De- for a democratic transition of power in propriations for fiscal year 2017 for fense, for military construction, and 2016. military activities of the Department for defense activities of the Depart- S. RES. 482 of Defense, for military construction, ment of Energy, to prescribe military At the request of Mrs. SHAHEEN, the and for defense activities of the De- personnel strengths for such fiscal names of the Senator from California partment of Energy, to prescribe mili- year, and for other purposes. (Mrs. BOXER), the Senator from Con- tary personnel strengths for such fiscal AMENDMENT NO. 4336 necticut (Mr. MURPHY) and the Senator year, and for other purposes. At the request of Mr. BROWN, the from Utah (Mr. HATCH) were added as AMENDMENT NO. 4250 name of the Senator from Illinois (Mr. cosponsors of S. Res. 482, a resolution At the request of Mrs. SHAHEEN, the DURBIN) was added as a cosponsor of urging the European Union to des- name of the Senator from South Da- amendment No. 4336 intended to be pro- ignate Hizballah in its entirety as a kota (Mr. ROUNDS) was added as a co- posed to S. 2943, an original bill to au- terrorist organization and to increase sponsor of amendment No. 4250 in- thorize appropriations for fiscal year pressure on the organization and its tended to be proposed to S. 2943, an 2017 for military activities of the De- members to the fullest extent possible. original bill to authorize appropria- partment of Defense, for military con- S. RES. 483 tions for fiscal year 2017 for military struction, and for defense activities of At the request of Mr. ALEXANDER, the activities of the Department of De- the Department of Energy, to prescribe names of the Senator from California fense, for military construction, and military personnel strengths for such (Mrs. BOXER), the Senator from Idaho for defense activities of the Depart- fiscal year, and for other purposes. (Mr. CRAPO) and the Senator from ment of Energy, to prescribe military AMENDMENT NO. 4364 Georgia (Mr. PERDUE) were added as co- personnel strengths for such fiscal At the request of Mr. BROWN, the sponsors of S. Res. 483, a resolution year, and for other purposes. name of the Senator from Illinois (Mr. designating June 20, 2016, as ‘‘American AMENDMENT NO. 4267 DURBIN) was added as a cosponsor of Eagle Day’’ and celebrating the recov- At the request of Mr. COCHRAN, the amendment No. 4364 intended to be pro- ery and restoration of the bald eagle, names of the Senator from North Caro- posed to S. 2943, an original bill to au- the national symbol of the United lina (Mr. BURR), the Senator from thorize appropriations for fiscal year States. Maine (Ms. COLLINS), the Senator from 2017 for military activities of the De- AMENDMENT NO. 4118 Nebraska (Mrs. FISCHER), the Senator partment of Defense, for military con- At the request of Mr. PERDUE, the from New Hampshire (Ms. AYOTTE), the struction, and for defense activities of names of the Senator from Oklahoma Senator from Maryland (Mr. CARDIN) the Department of Energy, to prescribe (Mr. INHOFE) and the Senator from and the Senator from California (Mrs. military personnel strengths for such Kansas (Mr. ROBERTS) were added as FEINSTEIN) were added as cosponsors of fiscal year, and for other purposes.

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.036 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3722 CONGRESSIONAL RECORD — SENATE June 9, 2016 AMENDMENT NO. 4390 ER) was added as a cosponsor of amend- AMENDMENT NO. 4580 At the request of Ms. BALDWIN, the ment No. 4448 intended to be proposed At the request of Mr. KIRK, his name name of the Senator from Kansas (Mr. to S. 2943, an original bill to authorize was added as a cosponsor of amend- MORAN) was added as a cosponsor of appropriations for fiscal year 2017 for ment No. 4580 intended to be proposed amendment No. 4390 intended to be pro- military activities of the Department to S. 2943, an original bill to authorize posed to S. 2943, an original bill to au- of Defense, for military construction, appropriations for fiscal year 2017 for thorize appropriations for fiscal year and for defense activities of the De- military activities of the Department 2017 for military activities of the De- partment of Energy, to prescribe mili- of Defense, for military construction, partment of Defense, for military con- tary personnel strengths for such fiscal and for defense activities of the De- struction, and for defense activities of year, and for other purposes. partment of Energy, to prescribe mili- the Department of Energy, to prescribe AMENDMENT NO. 4475 tary personnel strengths for such fiscal military personnel strengths for such At the request of Mr. COTTON, the year, and for other purposes. fiscal year, and for other purposes. name of the Senator from Arizona (Mr. AMENDMENT NO. 4588 AMENDMENT NO. 4410 MCCAIN) was added as a cosponsor of At the request of Mr. BOOZMAN, the At the request of Mr. CARPER, the amendment No. 4475 intended to be pro- name of the Senator from West Vir- name of the Senator from California posed to S. 2943, an original bill to au- ginia (Mrs. CAPITO) was added as a co- (Mrs. FEINSTEIN) was added as a co- thorize appropriations for fiscal year sponsor of amendment No. 4588 in- sponsor of amendment No. 4410 in- 2017 for military activities of the De- tended to be proposed to S. 2943, an tended to be proposed to S. 2943, an partment of Defense, for military con- original bill to authorize appropria- original bill to authorize appropria- struction, and for defense activities of tions for fiscal year 2017 for military tions for fiscal year 2017 for military the Department of Energy, to prescribe activities of the Department of De- activities of the Department of De- military personnel strengths for such fense, for military construction, and fense, for military construction, and fiscal year, and for other purposes. for defense activities of the Depart- for defense activities of the Depart- AMENDMENT NO. 4483 ment of Energy, to prescribe military ment of Energy, to prescribe military At the request of Mr. COTTON, the personnel strengths for such fiscal personnel strengths for such fiscal name of the Senator from Arizona (Mr. year, and for other purposes. year, and for other purposes. MCCAIN) was added as a cosponsor of AMENDMENT NO. 4597 AMENDMENT NO. 4426 amendment No. 4483 intended to be pro- At the request of Mrs. BOXER, the At the request of Mrs. BOXER, the posed to S. 2943, an original bill to au- names of the Senator from Florida (Mr. names of the Senator from Illinois (Mr. thorize appropriations for fiscal year RUBIO) and the Senator from Illinois DURBIN), the Senator from Montana 2017 for military activities of the De- (Mr. KIRK) were added as cosponsors of (Mr. DAINES) and the Senator from partment of Defense, for military con- amendment No. 4597 intended to be pro- Iowa (Mr. GRASSLEY) were added as co- struction, and for defense activities of posed to S. 2943, an original bill to au- sponsors of amendment No. 4426 in- the Department of Energy, to prescribe thorize appropriations for fiscal year tended to be proposed to S. 2943, an military personnel strengths for such 2017 for military activities of the De- original bill to authorize appropria- fiscal year, and for other purposes. partment of Defense, for military con- tions for fiscal year 2017 for military AMENDMENT NO. 4498 struction, and for defense activities of activities of the Department of De- At the request of Mr. KIRK, his name the Department of Energy, to prescribe fense, for military construction, and was added as a cosponsor of amend- military personnel strengths for such for defense activities of the Depart- ment No. 4498 intended to be proposed fiscal year, and for other purposes. ment of Energy, to prescribe military to S. 2943, an original bill to authorize AMENDMENT NO. 4599 personnel strengths for such fiscal appropriations for fiscal year 2017 for At the request of Mr. PORTMAN, the year, and for other purposes. military activities of the Department names of the Senator from Illinois (Mr. AMENDMENT NO. 4438 of Defense, for military construction, DURBIN) and the Senator from Montana At the request of Mr. SCHATZ, the and for defense activities of the De- (Mr. DAINES) were added as cosponsors names of the Senator from Oklahoma partment of Energy, to prescribe mili- of amendment No. 4599 intended to be (Mr. LANKFORD), the Senator from Cali- tary personnel strengths for such fiscal proposed to S. 2943, an original bill to fornia (Mrs. BOXER), the Senator from year, and for other purposes. authorize appropriations for fiscal year Illinois (Mr. DURBIN) and the Senator AMENDMENT NO. 4567 2017 for military activities of the De- from Virginia (Mr. WARNER) were added At the request of Ms. BALDWIN, the partment of Defense, for military con- as cosponsors of amendment No. 4438 name of the Senator from West Vir- struction, and for defense activities of intended to be proposed to S. 2943, an ginia (Mr. MANCHIN) was added as a co- the Department of Energy, to prescribe original bill to authorize appropria- sponsor of amendment No. 4567 in- military personnel strengths for such tions for fiscal year 2017 for military tended to be proposed to S. 2943, an fiscal year, and for other purposes. activities of the Department of De- original bill to authorize appropria- AMENDMENT NO. 4600 fense, for military construction, and tions for fiscal year 2017 for military At the request of Mr. CORNYN, the for defense activities of the Depart- activities of the Department of De- name of the Senator from Florida (Mr. ment of Energy, to prescribe military fense, for military construction, and RUBIO) was added as a cosponsor of personnel strengths for such fiscal for defense activities of the Depart- amendment No. 4600 intended to be pro- year, and for other purposes. ment of Energy, to prescribe military posed to S. 2943, an original bill to au- AMENDMENT NO. 4441 personnel strengths for such fiscal thorize appropriations for fiscal year At the request of Mr. BLUMENTHAL, year, and for other purposes. 2017 for military activities of the De- the name of the Senator from Iowa AMENDMENT NO. 4574 partment of Defense, for military con- (Mr. GRASSLEY) was added as a cospon- At the request of Mr. WHITEHOUSE, struction, and for defense activities of sor of amendment No. 4441 intended to the names of the Senator from Illinois the Department of Energy, to prescribe be proposed to S. 2943, an original bill (Mr. DURBIN) and the Senator from military personnel strengths for such to authorize appropriations for fiscal Ohio (Mr. BROWN) were added as co- fiscal year, and for other purposes. year 2017 for military activities of the sponsors of amendment No. 4574 in- AMENDMENT NO. 4601 Department of Defense, for military tended to be proposed to S. 2943, an At the request of Mr. RUBIO, the construction, and for defense activities original bill to authorize appropria- name of the Senator from Florida (Mr. of the Department of Energy, to pre- tions for fiscal year 2017 for military NELSON) was added as a cosponsor of scribe military personnel strengths for activities of the Department of De- amendment No. 4601 intended to be pro- such fiscal year, and for other pur- fense, for military construction, and posed to S. 2943, an original bill to au- poses. for defense activities of the Depart- thorize appropriations for fiscal year AMENDMENT NO. 4448 ment of Energy, to prescribe military 2017 for military activities of the De- At the request of Mr. LEE, the name personnel strengths for such fiscal partment of Defense, for military con- of the Senator from Nevada (Mr. HELL- year, and for other purposes. struction, and for defense activities of

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.037 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3723 the Department of Energy, to prescribe that law enforcement seizes without al- ther progress in this area to protect military personnel strengths for such ways having an understanding of how the rights of people whose property has fiscal year, and for other purposes. the seizure can be challenged. The bill been seized without any judicial find- f will ensure that those whose assets are ing of criminal wrongdoing. seized are given notice of the process The problems associated with civil STATEMENTS ON INTRODUCED by which the seizure can be contested asset forfeiture need to be addressed. In BILLS AND JOINT RESOLUTIONS and their right to have counsel rep- various ways, it would have been pref- By Mr. GRASSLEY (for himself resent them in the forfeiture pro- erable to make changes that go even and Mr. LEAHY): ceeding. beyond those in this bill. However, we S. 3045. A bill to amend title 18, In a change to criminal forfeiture, do want to work with law enforcement United States Code, to reform certain which can take place after a defendant and address their legitimate interests forfeiture procedures, and for other is convicted of a crime, the bill over- and concerns. I can assure them that purposes; to the Committee on the Ju- turns the Supreme Court’s recent deci- we will continue to talk as this legisla- diciary. sion in Kaley v. United States. A de- tion works its way to Senate passage. Mr. GRASSLEY. Mr. President, fendant will have the right to ask for a f today I am introducing the DUE PROC- hearing to modify the seizure so as to SUBMITTED RESOLUTIONS ESS Act. I am very pleased that Sen- demonstrate that assets not associated ator LEAHY is a cosponsor of the bill. with the charged criminal activity can This legislation will make important be used to hire the attorney of the de- SENATE RESOLUTION 485—TO EN- reforms to the practice of civil asset fendant’s choice. The court is directed COURAGE THE GOVERNMENT OF forfeiture. to consider various factors at the hear- THE DEMOCRATIC REPUBLIC OF The Senate Judiciary Committee ing. THE CONGO TO ABIDE BY CON- held hearings last year on the problems Additionally, the bill makes it easier STITUTIONAL PROVISIONS RE- associated with civil asset forfeiture. for those whose assets have been seized GARDING THE HOLDING OF This is a process by which a person who to recover their attorney’s fees when PRESIDENTIAL ELECTIONS IN has been convicted of no crime, and in they settle their cases. The bill re- 2016, WITH THE AIM OF ENSUR- fact is often not even charged with a quires the Justice Department’s In- ING A PEACEFUL AND ORDERLY crime, can nonetheless lose his prop- spector General to audit a sample of DEMOCRATIC TRANSITION OF erty if the property is suspected to be civil forfeitures to make sure they are POWER owned as a result of wrongdoing. Civil consistent with the Constitution and Mr. FLAKE (for himself, Mr. COONS, asset forfeiture has a place in our soci- the law. And it directs the Attorney Mr. ISAKSON, and Mr. DURBIN) sub- ety, including gaining control over as- General to establish databases on real- mitted the following resolution; which sets used to further terrorism and the time status of forfeitures and on the was referred to the Committee on For- drug trade. But there have been ex- types of forfeitures sought, the agen- eign Relations: cesses, and this bill is designed to ad- cies seeking them, and the conduct S. RES. 485 dress many of them. that leads the property to be forfeited. Whereas the United States Government Working together in a bipartisan and Further, the bill codifies DOJARS has supported and will continue to support bicameral way, we have had months policy to allow civil forfeiture in struc- the principle that the people of the Demo- long discussions about how to draft turing cases only when the property to cratic Republic of the Congo (in this resolu- legislation to improve the fairness of be seized is derived from an underlying tion referred to as ‘‘the DRC’’) should choose civil asset forfeiture. The bill that I am crime other than structuring, or where their own government in accordance with introducing today has been introduced it is done to conceal illegal activity. their constitution and all relevant laws and regulations; and passed through the House Judici- Structuring is a crime by which cash Whereas the constitution of the DRC re- ary Committee on a bipartisan voice deposits or withdrawals are made with quires that elections be held in time for the vote. It is the result of these bipartisan the intent of avoiding government re- inauguration of a new president on December and bicameral discussions. The Senate porting requirements. In Iowa, for in- 19, 2016, when the current presidential term should consider the same bill. stance, prosecutors brought an action expires; The DUE PROCESS Act broadens the against a restauranteur, Carole Whereas, on March 30, 2016, the United Na- timelines for an owner to challenge Hinders, who had deposited cash from tions Security Council adopted resolution forfeitures. It extends protections in 2277, which called upon the Government of her operations without any intention the DRC and its national partners, including existing law to judicial forfeitures, not to evade any reporting requirement or the CENI (Independent National Electoral only administrative forfeitures. The to conceal some other illegal activity. Commission), ‘‘to ensure a transparent and government must provide greater no- After IRS changed its policy, prosecu- credible electoral process, in fulfillment of tice to owners whose property has been tors dropped the case. The bill will pre- their primary responsibility to create pro- seized, including notice of the rights vent the government from pursuing pitious conditions for the forthcoming elec- that they may invoke to regain their civil asset forfeiture cases such as tions . . . scheduled for November 2016 in ac- property and their right to be rep- cordance with the Constitution’’ and urged these in the future. the Government of the DRC and all relevant resented by counsel in contesting a for- Finally, the bill expands existing pro- parties to ensure an electoral environment feiture either judicially or administra- tections for innocent owners of prop- conducive to a ‘‘free, fair, credible, inclusive, tively. The property owner is given erty that is sought to be forfeited. The transparent, peaceful, and timely electoral more time to respond to the seizure. government will have to prove that process, in accordance with the Congolese Very importantly, an owner who chal- there is a substantial connection be- constitution’’; lenges the seizure receives an initial tween the property and an offense and Whereas events in the DRC over the last hearing, at which time she is further that the owner of the seized property year and a half have called into serious ques- notified of her rights and will have her intentionally used the property, know- tion the commitment of the Government of the DRC to hold such elections on the re- property released if the seizure was not ingly consented to its criminal use, or quired timeline, and President Joseph Kabila made according to law. Under the bill, reasonably should have known that the has not publicly committed to stepping down the government must prove that sei- property might be used in connection at the end of his term; zure is warranted by clear and con- with the offense. Whereas there are 12 presidential elections vincing evidence, rather than the cur- Many of these provisions strengthen slated to take place on the continent of Afri- rent preponderance of the evidence the Civil Asset Forfeiture Reform Act. ca by the end of 2017, and what transpires in standard. That legislation improved the process the DRC will set an important example for Some of these provisions are in the and provided greater protection for in- the leaders of those countries; and bill because of media reports, including nocent owners involved in civil asset Whereas many observers have expressed concern that failure to move ahead with in my home state of Iowa. For in- forfeiture than had previously been the elections in the DRC could lead to violence stance, the Des Moines Register has re- case. But, as we have seen, excesses and instability inside the DRC, which could ported that in many instances, inno- and injustices still remain. The DUE reverberate throughout central Africa’s cent motorists surrender the property PROCESS Act is designed to make fur- Great Lakes region: Now, therefore, be it

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.039 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3724 CONGRESSIONAL RECORD — SENATE June 9, 2016 Resolved, That the Senate— Whereas, in 2014, the cruise industry spent AMENDMENTS SUBMITTED AND (1) urges the Government of the DRC and $21,000,000,000 directly with United States PROPOSED all other relevant parties to engage in a businesses and generated $46,000,000,000 in credible, independently-monitored, and tech- gross outputs due to the spending of cruise SA 4604. Mrs. SHAHEEN (for herself, Mr. nical dialogue to reach consensus on a way lines and the crew and passengers of cruise TILLIS, Mr. REED, and Mr. MCCAIN) sub- forward on establishing a detailed electoral lines, including indirect economic impacts: mitted an amendment intended to be pro- calendar and organizing elections; Now, therefore, be it posed by her to the bill S. 2943, to authorize (2) urges the Government of the DRC to re- appropriations for fiscal year 2017 for mili- Resolved, That the Senate— spect the constitution of the DRC and, as tary activities of the Department of Defense, (1) commemorates the inaugural ‘‘Cruise constitutionally required, to ensure a free, for military construction, and for defense ac- Travel Professional Month’’ in October 2016; open, peaceful, and democratic transition of tivities of the Department of Energy, to pre- (2) acknowledges the creativity and profes- power; scribe military personnel strengths for such sionalism of the men and women of the (3) expresses its solidarity with the people fiscal year, and for other purposes; which of the DRC to choose their own government cruise travel professional community; and was ordered to lie on the table. in an atmosphere free of violence, threats, (3) encourages the people of the United SA 4605. Mr. SCOTT submitted an amend- and intimidation by the government or other States to observe ‘‘Cruise Travel Profes- ment intended to be proposed by him to the parties, including the release of Fred Bauma sional Month’’ with appropriate ceremonies bill S. 2943, supra; which was ordered to lie and Yves Makwambala; and activities. on the table. (4) commits to maintain vigilance and SA 4606. Mr. MCCAIN submitted an amend- scrutiny of the electoral process in the DRC, f ment intended to be proposed by him to the to help ensure that all United States Govern- bill S. 2943, supra; which was ordered to lie on the table. ment activities contribute fully and robustly SENATE RESOLUTION 487—COM- to the abovementioned objectives; and SA 4607. Mr. MCCAIN submitted an amend- (5) pledges to examine continuously the MEMORATING THE 100TH ANNI- ment intended to be proposed by him to the use of all available and appropriate means to VERSARY OF THE RESERVE OF- bill S. 2943, supra. ensure these objectives, including the impo- FICERS’ TRAINING CORPS PRO- SA 4608. Mr. ALEXANDER (for himself and sition of targeted sanctions on individuals or GRAM OF THE ARMY Mrs. MURRAY) submitted an amendment in- entities responsible for violence and human tended to be proposed by him to the bill S. rights violations and undermining demo- Mrs. ERNST submitted the following 2943, supra; which was ordered to lie on the cratic processes in the DRC. resolution; which was considered and table. agreed to: SA 4609. Mr. ALEXANDER submitted an f amendment intended to be proposed by him SENATE RESOLUTION 486—COM- S. RES. 487 to the bill S. 2943, supra; which was ordered MEMORATING ‘‘CRUISE TRAVEL Whereas June 3, 2016, marks the 100th anni- to lie on the table. PROFESSIONAL MONTH’’ IN OC- versary of the Reserve Officers’ Training SA 4610. Mr. BLUNT submitted an amend- TOBER 2016 Corps program of the Army (referred to in ment intended to be proposed by him to the this preamble as ‘‘Army ROTC’’); bill S. 2943, supra; which was ordered to lie Mr. RUBIO (for himself and Mr. CAS- Whereas Congress established Army ROTC on the table. SIDY) submitted the following resolu- and the Naval Reserve Officer Training Corps SA 4611. Mr. JOHNSON submitted an tion; which was referred to the Com- in the Act of June 3, 1916 (39 Stat. 166, chap- amendment intended to be proposed by him mittee on Commerce, Science, and ter 134) (commonly known as the ‘‘National to the bill S. 2943, supra; which was ordered Transportation: Defense Act of 1916’’); to lie on the table. SA 4612. Mr. DONNELLY submitted an S. RES. 486 Whereas the Army has commissioned more amendment intended to be proposed by him Whereas Cruise Lines International Asso- than 650,000 officers from Army ROTC; Whereas Army ROTC serves as a critical to the bill S. 2943, supra; which was ordered ciation was established in 1975 and as of 2016 to lie on the table. is the largest cruise industry trade associa- component for the training of men and women to take command, protecting the na- SA 4613. Ms. HEITKAMP (for herself, Ms. tion in the world, providing a unified voice AYOTTE, Mr. GRAHAM, and Mr. DONNELLY) and serving as the leading authority for the tional security of the United States and way of life of individuals in the United States; submitted an amendment intended to be pro- global cruise community; posed by her to the bill S. 2943, supra; which Whereas Cruise Lines International Asso- Whereas Army ROTC produces the next generation of innovative and adaptive lead- was ordered to lie on the table. ciation supports policies and practices that SA 4614. Mr. TESTER submitted an amend- foster a safe, secure, healthy, and sustain- ers while providing those leaders with essen- tial collegiate educational opportunities; ment intended to be proposed by him to the able cruise ship environment and is dedi- bill S. 2943, supra; which was ordered to lie cated to promoting the cruise travel experi- Whereas Army ROTC commissioned 5,536 officers in 2014; on the table. ence; SA 4615. Mr. GRAHAM submitted an Whereas approximately 10,000 travel agen- Whereas Army ROTC produced 21 4-star generals between 2000 and 2016; amendment intended to be proposed by him cies and 19,000 individual cruise travel pro- to the bill S. 2943, supra; which was ordered fessionals are members of Cruise Lines Inter- Whereas Army ROTC is available at nearly 1,000 institutions of higher education across to lie on the table. national Association and participate in on- SA 4616. Mr. COTTON submitted an amend- all 50 States and all territories; going professional development and training ment intended to be proposed by him to the Whereas the Army has included in Army programs to build cruise industry knowl- bill S. 2943, supra; which was ordered to lie ROTC programs such as the Green to Gold edge; on the table. and Simultaneous Membership programs to Whereas cruise travel professionals deliver SA 4617. Mr. PORTMAN submitted an allow an enlisted member of the Army to value to consumers by providing advice on amendment intended to be proposed by him gain a college education and become an offi- choosing the best cruise based on the budg- to the bill S. 2943, supra; which was ordered cer of the Army; ets and interests of the customers and tak- to lie on the table. Whereas women have been an integral part ing the worry out of vacation planning by ar- SA 4618. Mr. MCCAIN submitted an amend- of Army ROTC since academic year 1972–1973; ranging the details of vacations; ment intended to be proposed by him to the and Whereas cruise passengers have consist- bill S. 2943, supra; which was ordered to lie Whereas Army ROTC serves as a way for ently ranked cruise travel professionals as on the table. an individual to gain a college education and the most helpful sources of information and SA 4619. Mr. INHOFE (for himself, Mr. serve the United States: Now, therefore, be it service among all distribution channels used HOEVEN, and Mr. HATCH) submitted an for purchasing cruises; Resolved, That it is the sense of the Senate amendment intended to be proposed by him Whereas 70 percent of cruise passengers that— to the bill S. 2943, supra; which was ordered from the United States use a cruise travel (1) the Reserve Officers’ Training Corps to lie on the table. professional to plan and book a cruise vaca- program of the Army (referred to in this re- SA 4620. Mrs. ERNST (for herself, Mr. DUR- tion; solving clause as ‘‘Army ROTC’’) continues BIN, Mr. GRASSLEY, Mr. KIRK, and Mrs. GILLI- Whereas Cruise Lines International Asso- to train the next generation of military lead- BRAND) submitted an amendment intended to ciation and cruise travel professionals across ers, who are well-equipped to defeat existing be proposed by her to the bill S. 2943, supra; the world celebrate and promote October as enemies of the United States and those en- which was ordered to lie on the table. ‘‘Plan a Cruise Month’’; emies that may emerge in the future; SA 4621. Mrs. ERNST (for herself, Mr. Whereas the United States has the most (2) the Senate is encouraged by the quality CORKER, and Mrs. BOXER) submitted an cruise passengers in the world, with almost of leaders that Army ROTC has and will con- amendment intended to be proposed by her 11,500,000 cruise passengers in 2014; tinue to produce; and to the bill S. 2943, supra; which was ordered Whereas the cruise industry in the United (3) as of the date of adoption of this resolu- to lie on the table. States generated 375,000 jobs across all 50 tion, Army ROTC produces more Army offi- SA 4622. Mr. FLAKE submitted an amend- States in 2014; and cers than any other source. ment intended to be proposed by him to the

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.027 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3725 bill S. 2943, supra; which was ordered to lie bill S. 2943, supra; which was ordered to lie be proposed by him to the bill S. 2943, supra; on the table. on the table. which was ordered to lie on the table. SA 4623. Mr. PAUL (for himself and Mr. SA 4642. Mr. BOOKER (for himself, Mr. SA 4661. Mr. GRAHAM (for himself and Mr. LEAHY) submitted an amendment intended to NELSON, Mr. SCHUMER, Mr. MENENDEZ, and MCCAIN) submitted an amendment intended be proposed by him to the bill S. 2943, supra; Mr. BLUMENTHAL) submitted an amendment to be proposed by him to the bill S. 2943, which was ordered to lie on the table. intended to be proposed by him to the bill S. supra; which was ordered to lie on the table. SA 4624. Mr. SCHATZ submitted an amend- 2943, supra; which was ordered to lie on the SA 4662. Mrs. MURRAY submitted an ment intended to be proposed by him to the table. amendment intended to be proposed by her bill S. 2943, supra; which was ordered to lie SA 4643. Mr. CARPER submitted an amend- to the bill S. 2943, supra; which was ordered on the table. ment intended to be proposed by him to the to lie on the table. SA 4625. Mr. MURPHY (for himself and Mr. bill S. 2943, supra; which was ordered to lie SA 4663. Mr. BLUMENTHAL submitted an PAUL) submitted an amendment intended to on the table. amendment intended to be proposed to be proposed by him to the bill S. 2943, supra; SA 4644. Ms. WARREN submitted an amendment SA 4636 submitted by Mr. which was ordered to lie on the table. amendment intended to be proposed by her MCCAIN and intended to be proposed to the SA 4626. Mr. CARPER (for himself and Mr. to the bill S. 2943, supra; which was ordered bill S. 2943, supra; which was ordered to lie PORTMAN) submitted an amendment intended to lie on the table. on the table. to be proposed by him to the bill S. 2943, SA 4645. Ms. WARREN (for herself and Mrs. SA 4664. Ms. KLOBUCHAR (for herself and Mrs. ERNST) submitted an amendment in- supra; which was ordered to lie on the table. MURRAY) submitted an amendment intended SA 4627. Mrs. MURRAY submitted an to be proposed by her to the bill S. 2943, tended to be proposed by her to the bill S. amendment intended to be proposed by her supra; which was ordered to lie on the table. 2943, supra; which was ordered to lie on the to the bill S. 2943, supra; which was ordered SA 4646. Mrs. FEINSTEIN (for herself, Mr. table. SA 4665. Mr. HELLER (for himself and Mr. to lie on the table. LEE, Mr. PAUL, Mr. UDALL, Mr. CRUZ, Mr. CORNYN) submitted an amendment intended SA 4628. Ms. KLOBUCHAR (for herself, Mr. WHITEHOUSE, Mr. COONS, Ms. COLLINS, and to be proposed by him to the bill S. 2943, TILLIS, Mr. ROUNDS, Mrs. GILLIBRAND, and Mr. HEINRICH) submitted an amendment in- supra; which was ordered to lie on the table. Mr. FRANKEN) submitted an amendment in- tended to be proposed by her to the bill S. SA 4666. Ms. MURKOWSKI (for herself, Mr. tended to be proposed by her to the bill S. 2943, supra; which was ordered to lie on the WHITEHOUSE, Mr. SULLIVAN, Ms. KLOBUCHAR, 2943, supra; which was ordered to lie on the table. Mr. FRANKEN, Ms. BALDWIN, Mrs. BOXER, and table. SA 4647. Mr. SHELBY submitted an amend- Mr. REED) submitted an amendment in- SA 4629. Mr. RUBIO (for himself, Mr. COCH- ment intended to be proposed by him to the tended to be proposed by her to the bill S. RAN, Mr. WARNER, Mr. INHOFE, Mr. HATCH, bill S. 2943, supra; which was ordered to lie 2943, supra; which was ordered to lie on the Mr. MORAN, Mrs. SHAHEEN, Mr. NELSON, Mr. on the table. table. HOEVEN, Mr. LEE, Mr. KING, Mr. THUNE, Ms. SA 4648. Mr. REID submitted an amend- SA 4667. Mr. MCCAIN submitted an amend- AYOTTE, Mrs. FISCHER, Mr. BURR, Mr. ment intended to be proposed by him to the ment intended to be proposed to amendment CARDIN, Ms. COLLINS, Mr. KAINE, and Mrs. bill S. 2943, supra; which was ordered to lie SA 4509 submitted by Mr. NELSON (for him- FEINSTEIN) submitted an amendment in- on the table. self, Mr. GARDNER, Mr. BENNET, Mr. SHELBY, tended to be proposed by him to the bill S. SA 4649. Mr. KIRK (for himself, Mr. and Mr. DURBIN) and intended to be proposed 2943, supra; which was ordered to lie on the MANCHIN, Mr. CARDIN, Mr. SCHUMER, Mr. to the bill S. 2943, supra; which was ordered table. PORTMAN, Mr. RUBIO, Ms. MURKOWSKI, Mr. to lie on the table. SA 4630. Mr. BROWN (for himself and Mr. TILLIS, Mr. VITTER, Mr. HATCH, Mr. CRUZ, SA 4668. Mr. MCCAIN submitted an amend- PORTMAN) submitted an amendment intended Mr. MENENDEZ, Mr. ROBERTS, Mr. CORNYN , ment intended to be proposed to amendment to be proposed by him to the bill S. 2943, Mr. NELSON, Mr. WYDEN, and Mr. MARKEY) SA 4647 submitted by Mr. SHELBY and in- supra; which was ordered to lie on the table. submitted an amendment intended to be pro- tended to be proposed to the bill S. 2943, SA 4631. Mr. PETERS submitted an amend- posed by him to the bill S. 2943, supra; which supra; which was ordered to lie on the table. ment intended to be proposed by him to the was ordered to lie on the table. SA 4669. Mr. SASSE (for himself and Mr. bill S. 2943, supra; which was ordered to lie SA 4650. Mr. WYDEN submitted an amend- LEE) submitted an amendment intended to on the table. ment intended to be proposed by him to the be proposed by him to the bill S. 2943, supra; SA 4632. Mr. CARDIN submitted an amend- bill S. 2943, supra; which was ordered to lie which was ordered to lie on the table. ment intended to be proposed by him to the on the table. f bill S. 2943, supra; which was ordered to lie SA 4651. Mr. REID submitted an amend- on the table. ment intended to be proposed by him to the TEXT OF AMENDMENTS SA 4633. Mr. CARDIN submitted an amend- bill S. 2943, supra; which was ordered to lie SA 4604. Mrs. SHAHEEN (for herself, ment intended to be proposed by him to the on the table. Mr. TILLIS, Mr. REED, and Mr. MCCAIN) bill S. 2943, supra; which was ordered to lie SA 4652. Mr. SCOTT submitted an amend- on the table. ment intended to be proposed by him to the submitted an amendment intended to SA 4634. Mr. CARDIN submitted an amend- bill S. 2943, supra; which was ordered to lie be proposed by her to the bill S. 2943, to ment intended to be proposed by him to the on the table. authorize appropriations for fiscal year bill S. 2943, supra; which was ordered to lie SA 4653. Mr. REID submitted an amend- 2017 for military activities of the De- on the table. ment intended to be proposed by him to the partment of Defense, for military con- SA 4635. Mr. BROWN submitted an amend- bill S. 2943, supra; which was ordered to lie struction, and for defense activities of ment intended to be proposed by him to the on the table. the Department of Energy, to prescribe bill S. 2943, supra; which was ordered to lie SA 4654. Mr. REID submitted an amend- military personnel strengths for such on the table. ment intended to be proposed by him to the fiscal year, and for other purposes; SA 4636. Mr. MCCAIN submitted an amend- bill S. 2943, supra; which was ordered to lie ment intended to be proposed by him to the on the table. which was ordered to lie on the table; bill S. 2943, supra; which was ordered to lie SA 4655. Mr. VITTER submitted an amend- as follows: on the table. ment intended to be proposed by him to the At the end of subtitle B of title XII, add SA 4637. Ms. HIRONO (for herself and Mr. bill S. 2943, supra; which was ordered to lie the following: SULLIVAN) submitted an amendment in- on the table. SEC. 1216. SPECIAL IMMIGRANT STATUS FOR tended to be proposed by her to the bill S. SA 4656. Mr. BLUMENTHAL submitted an CERTAIN AFGHANS. 2943, supra; which was ordered to lie on the amendment intended to be proposed by him (a) PRIORITIZATION OF APPLICATIONS BY THE table. to the bill S. 2943, supra; which was ordered CHIEF OF MISSION.—Section 602(b)(2)(D)(i) of SA 4638. Mr. KIRK (for himself, Mr. GRASS- to lie on the table. the Afghan Allies Protection Act of 2009 (8 LEY, Mrs. ERNST, and Mr. DURBIN) submitted SA 4657. Mr. COTTON submitted an amend- U.S.C. 1101 note) is amended by adding at the an amendment intended to be proposed by ment intended to be proposed by him to the end ‘‘In processing applications under this him to the bill S. 2943, supra; which was or- bill S. 2943, supra; which was ordered to lie paragraph, the Chief of Mission shall dered to lie on the table. on the table. prioritize, to the maximum extent prac- SA 4639. Mrs. ERNST (for herself, Mr. SA 4658. Mr. BLUMENTHAL submitted an ticable, applications for those aliens who MCCAIN, and Mr. CARDIN) submitted an amendment intended to be proposed to have experienced or are experiencing an on- amendment intended to be proposed by her amendment SA 4336 submitted by Mr. BROWN going and credible serious threat as a con- to the bill S. 2943, supra; which was ordered and intended to be proposed to the bill S. sequence of the alien’s employment by the to lie on the table. 2943, supra; which was ordered to lie on the United States Government.’’. SA 4640. Ms. CANTWELL submitted an table. (b) NUMERICAL LIMITATIONS.—Section amendment intended to be proposed by her SA 4659. Mr. FRANKEN submitted an 602(b)(3)(F) of such Act is amended— to the bill S. 2943, supra; which was ordered amendment intended to be proposed by him (1) in the subparagraph heading, by strik- to lie on the table. to the bill S. 2943, supra; which was ordered ing ‘‘AND 2017’’ and inserting ‘‘2017, AND 2018’’; SA 4641. Mrs. SHAHEEN (for herself, Mr. to lie on the table. (2) by striking ‘‘December 31, 2016;’’ each BURR, and Ms. AYOTTE) submitted an amend- SA 4660. Mr. MURPHY (for himself and Mr. place it appears and inserting ‘‘December 31, ment intended to be proposed by her to the PAUL) submitted an amendment intended to 2017;’’; and

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(3) in the matter preceding clause (i)— for outreach shall include annual updates of (b) CRIMINAL HISTORY CHECKS.— (A) by striking ‘‘exhausted,,’’ and inserting the most recent information, disaggregated (1) IN GENERAL.—The Secretary of Defense, ‘‘exhausted,’’; and for each State and local educational agency, pursuant to chapter 47 of title 10, United (B) by striking ‘‘7,000’’ and inserting available from the State and local report States Code (the Uniform Code of Military ‘‘9,500’’. cards required under section 1111(h)(1)(C)(ii) Justice), and subtitle E of the Victims of (c) REPORT.—Section 602(b)(14) of such Act of the Elementary and Secondary Education Child Abuse Act of 1990 (42 U.S.C. 13041), shall is amended— Act of 1965 (20 U.S.C. 6311(h)(1)(C)(ii)) regard- have the authority to establish regulations (1) in the matter preceding subparagraph ing— to implement policy, assign responsibilities, (A), by striking ‘‘Not later than 60 days after ‘‘(A) the number of public elementary and provide procedures, and shall have in ef- the date of the enactment of this para- school and secondary school students with a fect policies and procedures, regarding crimi- graph,’’ and inserting ‘‘Not later than De- parent who is a member of the Armed Forces nal history checks. cember 31, 2016, and annually thereafter (as defined in section 101(a)(4) of title 10, (2) POLICIES AND PROCEDURES FOR CRIMINAL through January 31, 2021,’’; and United States Code) on active duty (as de- HISTORY CHECKS.—The policies and proce- (2) in subparagraph (A)(i), by striking fined in section 101(d)(5) of such title); and dures to implement criminal history checks ‘‘under this section;’’ and inserting ‘‘under ‘‘(B) the achievement by such students for required under paragraph (1) may include the subclause (I) or (II)(bb) of paragraph each level of achievement, as determined by following: (2)(A)(ii);’’. the State, on the academic assessments de- (A) Databases searches of— (d) PLAN TO BRING AFGHAN SIV PROGRAM scribed in section 1111(b)(2) of the Elemen- (i) the State criminal registry or reposi- TO A RESPONSIBLE END.—Section 602(b) of tary and Secondary Education Act of 1965 (20 tory of the State in which the covered indi- such Act is amended by adding at the end U.S.C. 6311(b)(2)).’’. vidual resides; the following: (ii) State-based child abuse and neglect ‘‘(17) PLAN TO BRING AFGHAN SIV PROGRAM SA 4606. Mr. MCCAIN submitted an registries and databases of the State in TO A RESPONSIBLE END.— amendment intended to be proposed by which the covered individual resides; ‘‘(A) IN GENERAL.—Not later than 120 days him to the bill S. 2943, to authorize ap- (iii) a Federal Bureau of Investigation fin- after the earlier of the date of the enactment propriations for fiscal year 2017 for gerprint check using the Integrated Auto- of the National Defense Authorization Act military activities of the Department mated Fingerprint Identification System; for Fiscal Year 2017 or March 1, 2018, the Sec- and retary of Defense and the Secretary of State, of Defense, for military construction, and for defense activities of the De- (iv) the National Sex Offender Registry es- in consultation with the Secretary of Home- tablished under section 119 of the Adam land Security, the Chairman of the Joint partment of Energy, to prescribe mili- Walsh Child Protection and Safety Act of Chiefs of Staff, the Commander of United tary personnel strengths for such fiscal 2006 (42 U.S.C. 16919). States Central Command, and the Com- year, and for other purposes; which was (B) Providing covered individuals with mander Resolute Support/United States ordered to lie on the table; as follows: training and professional development about Forces – Afghanistan, shall submit a report Strike section 829A. how to recognize, respond to, and prevent to the appropriate committees of Congress child abuse. that details a strategy for bringing the pro- SA 4607. Mr. MCCAIN submitted an (C) The development, implementation, or gram authorized under this subsection to improvement of mechanisms to assist cov- provide special immigrant status to certain amendment intended to be proposed by him to the bill S. 2943, to authorize ap- ered schools in effectively recognizing and Afghans to a responsible end by or before De- quickly responding to incidents of child cember 31, 2018. propriations for fiscal year 2017 for abuse by covered individuals. ‘‘(B) CONTENT.—The report required under military activities of the Department (D) Developing and disseminating informa- subparagraph (A) shall— of Defense, for military construction, tion on best practices and Federal, State, ‘‘(i) identify the number of visas that and for defense activities of the De- and local resources available to assist cov- would be required to meet existing or reason- partment of Energy, to prescribe mili- ered schools in preventing and responding to ably projected commitments, taking into ac- tary personnel strengths for such fiscal incidents of child abuse by covered individ- count the need to support a continued uals. United States Government presence in Af- year, and for other purposes; as fol- lows: (E) Developing professional standards and ghanistan; codes of conduct for the appropriate behavior ‘‘(ii) provide an estimate of how long such On page 508, strike line 10 and all that fol- of covered individuals. visas should remain available; lows through ‘‘(d) TRAINING.—’’ on line 15 and (F) Establishing, implementing, or improv- ‘‘(iii) assess whether other existing pro- insert the following: ing policies and procedures for covered grams would be adequate to incentivize the Section 2332 of title 10, United States Code, schools to provide the results of criminal continued recruitment, retention, and pro- is amended by adding at the end the fol- history checks to— tection of critical Afghan employees, after lowing new subsection: (i) covered individuals subject to the crimi- the program authorized under this sub- ‘‘(e) TRAINING.— nal history checks in a statement that indi- section expires; and cates whether the individual is ineligible for ‘‘(iv) describe potential alternative pro- SA 4608. Mr. ALEXANDER (for him- certain employment due to the criminal his- grams that could be considered if existing self and Mrs. MURRAY) submitted an tory check and includes information related programs are inadequate.’’. amendment intended to be proposed by to each disqualifying finding from the crimi- (e) REPORT.—Not later than 120 days after him to the bill S. 2943, to authorize ap- nal history check; and the enactment of this Act, the Secretary of (ii) a covered school in a statement that the Department of Homeland Security shall propriations for fiscal year 2017 for military activities of the Department indicates whether a covered individual is eli- submit to Congress a report on the fre- gible or ineligible for certain employment, quency, duration, and reasons recipients of of Defense, for military construction, and for defense activities of the De- without revealing any disqualifying finding these visas from Afghanistan travel back to from the criminal history check or other re- Afghanistan. partment of Energy, to prescribe mili- lated information regarding the covered in- tary personnel strengths for such fiscal Mr. SCOTT submitted an dividual. SA 4605. year, and for other purposes; which was (G) Establishing, implementing, or improv- amendment intended to be proposed by ordered to lie on the table; as follows: ing procedures that include periodic criminal him to the bill S. 2943, to authorize ap- Strike section 578 and insert the following: history checks for covered individuals, while propriations for fiscal year 2017 for maintaining an appeals process. SEC. 578. CRIMINAL HISTORY CHECKS FOR COV- military activities of the Department ERED INDIVIDUALS AT DEPART- (H) Establishing, implementing, or improv- of Defense, for military construction, MENT OF DEFENSE DOMESTIC DE- ing a process by which a covered individual and for defense activities of the De- PENDENT ELEMENTARY AND SEC- may appeal the results of a criminal history partment of Energy, to prescribe mili- ONDARY SCHOOLS. check, which process shall be completed in a tary personnel strengths for such fiscal (a) DEFINITIONS.—In this section: timely manner, give each covered individual (1) The term ‘‘covered individual’’ means notice of an opportunity to appeal, and give year, and for other purposes; which was an individual involved in the provision of each covered individual instructions on how ordered to lie on the table; as follows: child care services (as defined in section 231 to complete the appeals process. At the end of subtitle F of title V, add the of the Victims of Child Abuse Act of 1990 (42 (I) Establishing, implementing, or improv- following: U.S.C. 13041)) for children under the age of 18 ing a review process through which a covered SEC. 582. INFORMATION ON MILITARY STUDENT at a covered school. school may determine that a covered indi- PERFORMANCE. (2) The term ‘‘covered school’’ means a De- vidual who was disqualified due to a finding Section 574(b)(3) of the John Warner Na- partment of Defense domestic dependent ele- in the criminal history check is eligible for tional Defense Authorization Act for Fiscal mentary or secondary school established employment due to mitigating cir- Year 2007 (20 U.S.C. 7703b note) is amended by under section 2164 of title 10, United States cumstances, as determined by the covered adding at the end the following: ‘‘The plan Code. school.

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.044 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3727 (J) Establishing, implementing, or improv- year, and for other purposes; which was law, without revealing any disqualifying ing policies and procedures intended to en- ordered to lie on the table; as follows: crime or other related information regarding sure that a covered school does not know- Strike section 578 and insert the following: the individual; and ingly transfer or facilitate the transfer of a ‘‘(D) another local educational agency in SEC. 578. CRIMINAL BACKGROUND CHECKS FOR covered individual if the covered school SCHOOL EMPLOYEES. the same State or another State that is con- knows or has probable cause to believe that (a) IN GENERAL.—Subpart 2 of part F of sidering such school employee for employ- the covered individual has engaged in sexual title VIII of the Elementary and Secondary ment, as permitted under State law, without misconduct, in accordance with section 578A. Education Act of 1965 (20 U.S.C. 7901 et seq.) revealing any disqualifying crime or other (K) Publishing the applicable policies and is amended by adding at the end the fol- related information regarding the individual; procedures described in this subsection on lowing: ‘‘(7) establish, implement, or improve pro- the website of covered schools. ‘‘SEC. 8549D. CRIMINAL BACKGROUND CHECKS cedures that include periodic background (L) Providing covered individuals with FOR SCHOOL EMPLOYEES. checks, which also allows for an appeals training regarding the appropriate reporting ‘‘(a) CRIMINAL BACKGROUND CHECK REQUIRE- process as described in paragraph (8), for of incidents of child abuse under section MENTS.— school employees in accordance with State 106(b)(2)(B)(i) of the Child Abuse Prevention ‘‘(1) IN GENERAL.—Each State educational policies or the policies of covered local edu- and Treatment Act (42 U.S.C. agency and local educational agency that re- cational agencies served by the covered 5106a(b)(2)(B)(i)). ceives funds under this Act shall have in ef- State educational agency; (M) Supporting any other activities deter- fect policies and procedures that require a ‘‘(8) establish, implement, or improve a mined by a covered school to protect student criminal background check for each school process by which a school employee may ap- safety or improve the comprehensiveness, employee in each covered school served by peal the results of a background check, coordination, and transparency of policies such State educational agency and local edu- which process is completed in a timely man- and procedures regarding criminal history cational agency. ner, gives each school employee notice of an checks for covered individuals at the covered ‘‘(2) REQUIREMENTS.—A background check opportunity to appeal, and instructions on school. required under paragraph (1) shall be con- how to complete the appeals process; SEC. 578A. PROHIBITION ON AIDING AND ABET- ducted and administered by— ‘‘(9) establish, implement, or improve a re- TING SEXUAL ABUSE. ‘‘(A) the State; view process through which the covered (a) IN GENERAL.—The Secretary of Defense ‘‘(B) the State educational agency; or State educational agency or covered local shall promulgate regulations, policies, or ‘‘(C) the local educational agency. educational agency may determine that a procedures that prohibit any individual who ‘‘(b) STATE AND LOCAL USES OF FUNDS.—A school employee disqualified due to a crime is a school employee, contractor, or agent of State educational agency or local edu- is eligible for employment due to mitigating any Department of Defense domestic depend- cational agency that receives funds under circumstances as determined by a covered ent elementary or secondary school estab- this Act may use such funds to establish, im- local educational agency or a covered State lished pursuant to section 2164 of title 10, plement, or improve policies and procedures educational agency; United States Code, from assisting a school on background checks for school employees ‘‘(10) establish, implement, or improve employee, contractor, or agent in obtaining required under subsection (a) to— policies and procedures intended to ensure a a new job, apart from the routine trans- ‘‘(1) expand the registries or repositories covered State educational agency or covered mission of administrative and personnel searched when conducting background local educational agency does not knowingly files, if the individual or agency knows, or checks, such as— transfer or facilitate the transfer of a school has probable cause to believe, that such ‘‘(A) the State criminal registry or reposi- employee if the agency knows that employee school employee, contractor, or agent en- tory of the State in which the school em- has engaged in sexual misconduct, as defined gaged in sexual misconduct regarding a ployee resides; by State law, with an elementary school or ‘‘(B) the State-based child abuse and ne- minor or student in violation of the law. secondary school student; (b) EXCEPTION.—The requirements of sub- glect registries and databases of the State in ‘‘(11) provide that policies and procedures section (a) shall not apply if the information which the school employee resides; are published on the website of the covered giving rise to probable cause— ‘‘(C) the Federal Bureau of Investigation State educational agency and the website of (1)(A) has been properly reported to a law fingerprint check using the Integrated Auto- each covered local educational agency served enforcement agency with jurisdiction over mated Fingerprint Identification System; by the covered State educational agency; the alleged misconduct; and and ‘‘(12) provide school employees with train- (B) has been properly reported to any other ‘‘(D) the National Sex Offender Registry ing regarding the appropriate reporting of authorities as required by Federal, State, or established under section 119 of the Adam incidents of child abuse under section local law, including chapter 47 of title 10, Walsh Child Protection and Safety Act of 106(b)(2)(B)(i) of the Child Abuse Prevention United States Code (the Uniform Code of 2006 (42 U.S.C. 16919); and Treatment Act (42 U.S.C. Military Justice), title IX of the Education ‘‘(2) provide school employees with train- 5106a(b)(2)(B)(i)); and Amendments of 1972 (20 U.S.C. 1681 et seq.), ing and professional development on how to ‘‘(13) support any other activities deter- and the regulations implementing such title recognize, respond to, and prevent child mined by the State to protect student safety under part 106 of title 34, Code of Federal abuse; or improve the comprehensiveness, coordina- Regulations, or any succeeding regulations; ‘‘(3) develop, implement, or improve mech- tion, and transparency of policies and proce- and anisms to assist covered local educational dures on criminal background checks for (2)(A) the matter has been officially closed agencies and covered schools in effectively school employees in the State. or the prosecutor or police with jurisdiction recognizing and quickly responding to inci- over the alleged misconduct has investigated dents of child abuse by school employees; ‘‘(c) NO PRIVATE RIGHT OF ACTION.—Noth- the allegations and notified school officials ‘‘(4) develop and disseminate information ing in this section shall be construed to cre- that there is insufficient information to es- on best practices and Federal, State, and ate a private right of action if a State, cov- tablish probable cause that the school em- local resources available to assist local edu- ered State educational agency, covered local ployee, contractor, or agent engaged in sex- cational agencies and schools in preventing educational agency, or covered school is in ual misconduct regarding a minor or student and responding to incidents of child abuse by compliance with State regulations and re- in violation of the law; school employees; quirements concerning background checks. (B) the school employee, contractor, or ‘‘(5) develop professional standards and ‘‘(d) BACKGROUND CHECK FEES.—Nothing in agent has been charged with, and acquitted codes of conduct for the appropriate behavior this section shall be construed as prohibiting or otherwise exonerated of the alleged mis- of school employees; States or local educational agencies from conduct; or ‘‘(6) establish, implement, or improve poli- charging school employees for the costs of (C) the case or investigation remains open cies and procedures for covered State edu- processing applications and administering a and there have been no charges filed against, cational agencies, covered local educational background check as required by State law, or indictment of, the school employee, con- agencies, or covered schools to provide the provided that the fees charged to school em- tractor, or agent within 4 years of the date results of background checks to— ployees do not exceed the actual costs to the on which the information was reported to a ‘‘(A) individuals subject to the background State or local educational agency for the law enforcement agency. checks in a statement that indicates wheth- processing and administration of the back- er the individual is ineligible for such em- ground check. SA 4609. Mr. ALEXANDER submitted ployment due to the background check and ‘‘(e) STATE AND LOCAL PLAN REQUIRE- an amendment intended to be proposed includes information related to each dis- MENTS.—Each plan submitted by a State or by him to the bill S. 2943, to authorize qualifying crime; local educational agency under title I shall appropriations for fiscal year 2017 for ‘‘(B) the employer in a statement that in- include— dicates whether a school employee is eligible ‘‘(1) an assurance that the State and local military activities of the Department or ineligible for employment, without re- educational agency has in effect policies and of Defense, for military construction, vealing any disqualifying crime or other re- procedures that meet the requirements of and for defense activities of the De- lated information regarding the individual; this section; and partment of Energy, to prescribe mili- ‘‘(C) another employer in the same State ‘‘(2) a description of laws, regulations, or tary personnel strengths for such fiscal or another State, as permitted under State policies and procedures in effect in the State

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for conducting background checks for school ‘‘(h) RULES OF CONSTRUCTION REGARDING schools established under section 2164 of title employees designed to— BACKGROUND CHECKS.— 10, United States Code. ‘‘(A) terminate individuals in violation of ‘‘(1) NO FEDERAL CONTROL.—Nothing in this (2) CONTENTS OF CRIMINAL HISTORY State background check requirements; section shall be construed to authorize an of- CHECKS.—The criminal history checks estab- ‘‘(B) improve the reporting of violations of ficer or employee of the Federal Government lished in the regulations required under the background check requirements in the to— paragraph (1) may include— State; ‘‘(A) mandate, direct, or control the back- (A) a search of the State criminal registry ‘‘(C) reduce the instance of school em- ground check policies or procedures that a or repository of the State in which the indi- ployee transfers following a substantiated State or local educational agency develops vidual resides; violation of the State background check re- or implements under this section; (B) a search of State-based child abuse and quirements by a school employee; ‘‘(B) establish any criterion that specifies, neglect registries and databases of the State ‘‘(D) provide for a timely process by which defines, or prescribes the background check in which the individual resides; a school employee may appeal the results of policies or procedures that a State or local (C) a Federal Bureau of Investigation fin- a criminal background check; educational agency develops or implements gerprint check using the Integrated Auto- ‘‘(E) provide each school employee, upon under this section; or mated Fingerprint Identification System; request, with a copy of the results of the ‘‘(C) require a State or local educational and criminal background check, including a de- agency to submit such background check (D) a search of the National Sex Offender scription of the disqualifying item or items, policies or procedures for approval. Registry established under section 119 of the if applicable; ‘‘(2) PROHIBITION ON REGULATION.—Nothing Adam Walsh Child Protection and Safety Act ‘‘(F) provide the results of the criminal in this section shall be construed to permit of 2006 (42 U.S.C. 16919). background check to the employer in a the Secretary to establish any criterion (d) PROHIBITION ON AIDING AND ABETTING statement that indicates whether a school that— SEXUAL ABUSE.— employee is eligible or ineligible for employ- ‘‘(A) prescribes, or specifies requirements (1) IN GENERAL.—Commencing not later ment, without revealing any disqualifying regarding, background checks for school em- than 2 years after the date of the enactment crime or other related information regarding ployees; of this Act, the Secretary of Defense shall the individual; and ‘‘(B) defines the term ‘background checks’, create regulations, policies, or procedures ‘‘(G) provide for the public availability of as such term is used in this section; or that prohibit any individual who is a school employee, contractor, or agent of any De- the policies and procedures for conducting ‘‘(C) requires a State or local educational partment of Defense domestic dependent ele- background checks. agency to report additional data elements or mentary or secondary school established information to the Secretary not otherwise ‘‘(f) TECHNICAL ASSISTANCE TO STATES, pursuant to section 2164 of title 10, United explicitly authorized under this section or SCHOOL DISTRICTS, AND SCHOOLS.—The Sec- States Code, from assisting a school em- any other Federal law. retary, in collaboration with the Secretary ployee, contractor, or agent in obtaining a ‘‘(i) DEFINITIONS.—In this section— of Health and Human Services and the Attor- new job, apart from the routine transmission ‘‘(1) the term ‘covered local educational ney General, shall provide technical assist- of administrative and personnel files, if the agency’ means a local educational agency ance and support to States, local educational individual or agency knows, or has probable that receives funds under this Act; agencies, and schools, which shall include, at cause to believe, that such school employee, ‘‘(2) the term ‘covered school’ means a pub- a minimum— contractor, or agent engaged in sexual mis- lic elementary school or public secondary ‘‘(1) developing and disseminating a com- conduct regarding a minor or student in vio- school, including a public elementary or sec- prehensive package of materials for States, lation of the law. ondary charter school, that receives funds State educational agencies, local edu- (2) EXCEPTIONS.—The requirements of para- under this Act; cational agencies, and schools that outlines graph (1) shall not apply if the information ‘‘(3) the term ‘covered State educational steps that can be taken to prevent and re- giving rise to probable cause— agency’ means a State educational agency spond to child sexual abuse by school per- (A)(i) has been properly reported to a law that receives funds under this Act; and sonnel; enforcement agency with jurisdiction over ‘‘(4) the term ‘school employee’ includes, ‘‘(2) determining the most cost-effective the alleged misconduct; and at a minimum— way to disseminate Federal information so (ii) has been properly reported to any other ‘‘(A) an employee of, or a person seeking that relevant State educational agencies and authorities as required by Federal, State, or employment with, a covered school, covered local educational agencies, child welfare local law, including chapter 47 of title 10, local educational agency, or covered State agencies, and criminal justice entities are United States Code (the Uniform Code of educational agency and who, as a result of aware of such information and have access to Military Justice), title IX of the Education such employment, has (or, in the case of a it; and Amendments of 1972 (20 U.S.C. 1681 et seq.), person seeking employment, will have) a job ‘‘(3) identifying mechanisms to better and the regulations implementing such title duty that includes unsupervised contact or track and analyze the prevalence of child under part 106 of title 34, Code of Federal interaction with elementary school or sec- sexual abuse by school personnel through ex- Regulations, or any succeeding regulations; ondary school students; or isting Federal data collection systems, such and ‘‘(B) any person, or any employee of any as the School Survey on Crime and Safety, (B)(i) the matter has been officially closed person, who has a contract or agreement to the National Child Abuse and Neglect Data or the prosecutor or police with jurisdiction provide services with a covered school, cov- System, and the National Crime Victimiza- over the alleged misconduct has investigated ered local educational agency, or covered tion Survey. the allegations and notified school officials State educational agency, and such person or ‘‘(g) REPORTING REQUIREMENTS.— that there is insufficient information to es- employee, as a result of such contract or ‘‘(1) REPORTS TO THE SECRETARY.—A cov- tablish probable cause that the school em- agreement, has a job duty that includes un- ered State educational agency or covered ployee, contractor, or agent engaged in sex- supervised contact or unsupervised inter- local educational agency that uses funds pur- ual misconduct regarding a minor or student action with elementary school or secondary suant to this section shall report annually to in violation of the law; school students.’’. the Secretary on— (ii) the school employee, contractor, or (b) TABLE OF CONTENTS.—The table of con- ‘‘(A) the amount of funds used; and agent has been charged with, and acquitted tents in section 2 of the Elementary and Sec- ‘‘(B) the purpose for which the funds were or otherwise exonerated of the alleged mis- ondary Education Act of 1965 is amended by used under this section. conduct; or inserting after the item relating to section ‘‘(2) SECRETARY’S REPORT CARD.—Not later (iii) the case or investigation remains open 8549C the following: than July 1, 2018, and annually thereafter, and there have been no charges filed against, the Secretary, acting through the Director ‘‘Sec. 8549D. Criminal background checks or indictment of, the school employee, con- of the Institute of Education Sciences, shall for school employees.’’. tractor, or agent within 4 years of the date transmit to the Committee on Health, Edu- (c) BACKGROUND CHECKS FOR DEPARTMENT on which the information was reported to a cation, Labor, and Pensions of the Senate OF DEFENSE SCHOOLS.— law enforcement agency. and the Committee on Education and the (1) IN GENERAL.—The Secretary of Defense Workforce of the House of Representatives a shall have the authority, pursuant to chap- SA 4610. Mr. BLUNT submitted an national report card that includes— ter 47 of title 10, United States Code (the amendment intended to be proposed by ‘‘(A) actions taken pursuant to subsection Uniform Code of Military Justice), and sub- him to the bill S. 2943, to authorize ap- (f), including any best practices identified title E of the Victims of Child Abuse Act of propriations for fiscal year 2017 for under such subsection; and 1990 (42 U.S.C. 13041), to establish regulations military activities of the Department ‘‘(B) incidents of reported child sexual to implement policy, assign responsibilities, of Defense, for military construction, abuse by school personnel, as reported and provide procedures to conduct criminal through existing Federal data collection sys- history checks on individuals involved in the and for defense activities of the De- tems, such as the School Survey on Crime provision of child care services (as defined in partment of Energy, to prescribe mili- and Safety, the National Child Abuse and section 231 of such Act) for children under tary personnel strengths for such fiscal Neglect Data System, and the National the age of 18 in Department of Defense do- year, and for other purposes; which was Crime Victimization Survey. mestic dependent elementary and secondary ordered to lie on the table; as follows:

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.045 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3729 At the end of title XXIX, add the fol- (D) Of the veterans described in subpara- to prescribe military personnel lowing: graph (C)— strengths for such fiscal year, and for SEC. 2904. FIRE STATION, FORT LEONARD WOOD, (i) the number treated for opioid abuse in other purposes; which was ordered to MISSOURI. conjunction with posttraumic stress dis- lie on the table; as follows: The amount authorized to be appropriated order, depression, or anxiety; and under section 2903 and available for Army (ii) the number with a diagnosis of opioid At the end of subtitle I of title X, add the military construction projects as specified in abuse during the one-year period before be- following: the funding table in section 4602 is increased ginning treatment from a health care pro- SEC. 1097. QUORUM REQUIREMENT FOR BOARD by $6,900,000, with the amount of such in- vider of the Department and for which there OF DIRECTORS OF EXPORT-IMPORT BANK OF THE UNITED STATES. crease to be allocated for a Fire Station, is no evidence of treatment for opioid abuse Fort Leonard Wood, Missouri. Notwithstanding section 3(c)(6) of the Ex- from a health care provider of the Depart- port-Import Bank Act of 1945 (12 U.S.C. ment during such period. SA 4611. Mr. JOHNSON submitted an 635a(c)(6)), the entire voting membership of (c) PERSONAL INFORMATION.—The Secretary the Board of Directors of the Export-Import amendment intended to be proposed by shall ensure that personal information con- him to the bill S. 2943, to authorize ap- Bank of the United States shall constitute a nected to information published under sub- quorum during any period during which propriations for fiscal year 2017 for section (a) is protected from disclosure as re- there are fewer than 3 voting members hold- military activities of the Department quired by applicable law. ing office on the Board. of Defense, for military construction, (d) COMPTROLLER GENERAL REPORT.—Not and for defense activities of the De- later than 180 days after the date of the en- SA 4614. Mr. TESTER submitted an partment of Energy, to prescribe mili- actment of this Act, the Comptroller General amendment intended to be proposed by of the United States shall submit to Con- him to the bill S. 2943, to authorize ap- tary personnel strengths for such fiscal gress a report setting forth recommenda- year, and for other purposes; which was tions for additional elements to be included propriations for fiscal year 2017 for ordered to lie on the table; as follows: with the information published under sub- military activities of the Department At the end of subtitle I of title X, add the section (a) to improve the evaluation and as- of Defense, for military construction, following: sessment of the safety and health of individ- and for defense activities of the De- SEC. 1097. PUBLICATION OF INFORMATION ON uals receiving health care under the laws ad- partment of Energy, to prescribe mili- PROVISION OF HEALTH CARE BY DE- ministered by the Secretary and the quality tary personnel strengths for such fiscal PARTMENT OF VETERANS AFFAIRS of health care received by such individuals. year, and for other purposes; which was AND ABUSE OF OPIOIDS BY VET- ordered to lie on the table; as follows: ERANS. SA 4612. Mr. DONNELLY submitted (a) PUBLICATION OF INFORMATION.—Not an amendment intended to be proposed At the end of subtitle F of title VI, add the later than 180 days after the date of the en- following: actment of this Act, and not less frequently by him to the bill S. 2943, to authorize SEC. 673. CREDIT PROTECTIONS FOR than once every 180 days thereafter, the Sec- appropriations for fiscal year 2017 for SERVICEMEMBERS. retary of Veterans Affairs shall publish on a military activities of the Department (a) ACTIVE DUTY FREEZE ALERTS.—Section publicly available Internet website of the of Defense, for military construction, 605A of the Fair Credit Reporting Act (15 Department of Veterans Affairs information and for defense activities of the De- U.S.C. 1681c–1) is amended— on the provision of health care by the De- partment of Energy, to prescribe mili- (1) in the heading for such section, by partment and the abuse of opioids by vet- tary personnel strengths for such fiscal striking ‘‘AND ACTIVE DUTY ALERTS’’ and in- erans. serting ‘‘, ACTIVE DUTY ALERTS, AND ACTIVE year, and for other purposes; which was (b) ELEMENTS.— DUTY FREEZE ALERTS’’; (1) HEALTH CARE.— ordered to lie on the table; as follows: (2) by redesignating subsections (d) (A) IN GENERAL.—Each publication re- At the end of subtitle E of title XVI, add through (h) as subsections (e) through (i), re- quired by subsection (a) shall include, with the following: spectively; respect to each medical facility of the De- SEC. 1667. UNITED STATES POLICY ON BALLISTIC (3) by inserting after subsection (c) the fol- partment during the 180-day period preceding MISSILE DEFENSE. lowing: such publication, the following: (a) POLICY.—With respect to ballistic mis- ‘‘(d) ACTIVE DUTY FREEZE ALERTS.—Upon (i) The average number of patients seen per sile defense, it is the policy of the United the direct request of an active duty military month by each primary care physician. States to— consumer, or an individual acting on behalf (ii) The average length of stay for inpa- (1) defend the United States homeland of or as a personal representative of an ac- tient care. against the threat of limited ballistic missile tive duty military consumer, a consumer re- (iii) A description of any hospital-acquired attack, particularly from nations such as porting agency described in section 603(p) condition acquired by a patient. North Korea and Iran; that maintains a file on the active duty mili- (iv) The rate of readmission of patients (2) defend against regional missile threats tary consumer and has received appropriate within 30 days of release. to deployed United States military forces, proof of the identity of the requester, at no (v) The rate at which opioids are prescribed while also protecting allies and partners and cost to the active duty military consumer to each patient. helping enable them to defend themselves; while the consumer is deployed, shall— (vi) The average wait time for emergency (3) ensure that before new ballistic missile ‘‘(1) include an active duty freeze alert in room treatment. defense capabilities are deployed, they must the file of that active duty military con- (vii) A description of any scheduling back- undergo sufficient operationally realistic sumer, during a period of not less than 12 log with respect to patient appointments. testing and demonstrate that they can per- months, or such longer period as the Bureau (B) ADDITIONAL ELEMENTS.—The Secretary form reliably and effectively to help United shall determine, by regulation, beginning on may include in each publication required by States forces accomplish their missions; the date of the request, unless the active subsection (a) such additional information (4) ensure that such ballistic missile de- duty military consumer or such representa- on the safety of medical facilities of the De- fense systems are affordable and fiscally sus- tive requests that such freeze alert be re- partment, health outcomes at such facilities, tainable over the long term; moved before the end of such period, and the and quality of care at such facilities as the (5) ensure that United States ballistic mis- agency has received appropriate proof of the Secretary considers appropriate. sile defense capabilities are flexible enough identity of the requester for such purpose; (C) SEARCHABILITY.—The Secretary shall to adapt to evolving missile threats; and ‘‘(2) during the 2-year period beginning on ensure that information described in sub- (6) enhance international efforts and co- the date of such request, exclude the active paragraph (A) that is included on the Inter- operation on ballistic missile defense to in- duty military consumer from any list of con- net website required by subsection (a) is crease regional security and appropriate bur- sumers prepared by the consumer reporting searchable by State, city, and facility. den-sharing. agency and provided to any third party to (2) OPIOID ABUSE BY VETERANS.—Each publi- (b) CONFORMING REPEAL.—The National offer credit or insurance to the consumer as cation required by subsection (a) shall in- Missile Defense Act of 1999 (Public Law 106– part of a transaction that was not initiated clude, for the 180-day period preceding such 38) is hereby repealed. by the consumer, unless the consumer re- publication, the following information: quests that such exclusion be rescinded be- (A) The number of veterans prescribed SA 4613. Ms. HEITKAMP (for herself, fore the end of such period; and opioids by health care providers of the De- Ms. AYOTTE, Mr. GRAHAM, and Mr. DON- ‘‘(3) refer the information regarding the ac- partment. NELLY) submitted an amendment in- tive duty freeze alert to each of the other (B) A comprehensive list of all facilities of tended to be proposed by her to the bill consumer reporting agencies described in the Department offering an opioid treatment S. 2943, to authorize appropriations for section 603(p), in accordance with procedures program, including details on the types of developed under section 621(f).’’; services available at each facility. fiscal year 2017 for military activities (4) in subsection (e), as so redesignated— (C) The number of veterans treated by a of the Department of Defense, for mili- (A) by striking ‘‘extended, and active duty health care provider of the Department for tary construction, and for defense ac- alerts’’ and inserting ‘‘extended, active duty, opioid abuse. tivities of the Department of Energy, and active duty freeze alerts’’; and

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.041 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3730 CONGRESSIONAL RECORD — SENATE June 9, 2016 (B) by striking ‘‘extended, or active duty (1) The Medal of Honor Museum will be the tary personnel strengths for such fiscal alerts’’ and inserting ‘‘extended, active duty, only museum in the United States that ex- year, and for other purposes; which was or active duty freeze alerts’’; ists for the exclusive purpose of interpreting ordered to lie on the table; as follows: (5) in subsection (f), as so redesignated— the story of the Medal of Honor and all of its (A) in the matter preceding paragraph (1), recipients. At the end of subtitle F of title XII, add by striking ‘‘or active duty alert’’ and in- (2) The Medal of Honor Museum will be the the following: serting ‘‘active duty alert, or active duty only museum to educate a diverse group of SEC. 1247. PROHIBITION ON REQUIRING UNITED freeze alert’’; audiences through its collection of artifacts, STATES AIR CARRIERS TO COMPLY (B) in paragraph (2), by striking ‘‘; and’’ photographs, letters, documents, and first- WITH AIR DEFENSE IDENTIFICATION and inserting a semicolon; hand personal accounts of Medal of Honor re- ZONES DECLARED BY THE PEOPLE’S REPUBLIC OF CHINA. (C) in paragraph (3), by striking the period cipients and the wars they fought in during The Administrator of the Federal Aviation and inserting ‘‘; and’’; and United States conflicts since the Civil War. Administration may not require an air car- (D) by adding at the end the following: (3) The Medal of Honor Museum mission rier that holds an air carrier certificate ‘‘(4) paragraphs (1) and (2) of subsection (d), is— issued under chapter 411 of title 49, United in the case of a referral under subsection (A) to preserve and present the extraor- States Code, to comply with any air defense (d)(3).’’; dinary stories of individuals who reached the identification zone declared by the People’s (6) in subsection (g), as so redesignated, by highest levels of recognition, ‘‘above and be- Republic of China that is inconsistent with striking ‘‘or active duty alert’’ and inserting yond the call of duty,’’ in service to the Na- United States policy, overlaps with pre- ‘‘active duty alert, or active duty freeze tion; existing air identification zones, covers dis- alert’’; and (B) to inspire current and future genera- puted territory, or covers a specific geo- (7) in subsection (i), as so redesignated, by tions about the ideals of the Medal of Honor graphic area over the East China Sea or adding at the end the following: six columns of character—Courage, Commit- South China Sea. ‘‘(3) REQUIREMENTS FOR ACTIVE DUTY ment, Integrity, Citizenship, Sacrifice, and FREEZE ALERTS.— Patriotism; ‘‘(A) NOTIFICATION.—Each active duty (C) to help visitors understand the mean- SA 4617. Mr. PORTMAN submitted an freeze alert under this section shall include ing and price of freedom and what it means amendment intended to be proposed by information that notifies all prospective to put service above self; and him to the bill S. 2943, to authorize ap- users of a consumer report on the consumer (D) to serve as an education center that, propriations for fiscal year 2017 for to which the freeze alert relates that the through various programs, reaches out military activities of the Department consumer does not authorize the establish- across the country to further the Medal of of Defense, for military construction, ment of any new credit plan or extension of Honor’s ideals among all Americans, espe- and for defense activities of the De- credit, other than under an open-end credit cially our Nation’s youth. plan (as defined in section 103(i)), in the (4) The Medal of Honor was established by partment of Energy, to prescribe mili- name of the consumer, or issuance of an ad- an Act of Congress in 1861 and is awarded in tary personnel strengths for such fiscal ditional card on an existing credit account its name. The Medal of Honor is the highest year, and for other purposes; which was requested by a consumer, or any increase in award for valor in action against an enemy ordered to lie on the table; as follows: credit limit on an existing credit account re- force which can be bestowed upon an indi- At the end of subtitle H of title VIII, add quested by a consumer. vidual serving in the Armed Forces of the the following: ‘‘(B) PROHIBITION ON USERS.—No prospec- United States and is generally presented to SEC. 899C. STRATEGIC SOURCING IMPROVE- tive user of a consumer report that includes its recipient by the President in the name of MENTS. an active duty freeze alert in accordance Congress. (a) DEFINITIONS.—In this section— with this section may establish a new credit (5) The total number of Medal of Honor re- (1) the term ‘‘Department’’ means the De- plan or extension of credit, other than under cipients from the Civil War through the cur- partment of Defense; an open-end credit plan (as defined in section rent War on Terrorism is 3,495 (19 individuals (2) the term ‘‘Secretary’’ means the Sec- 103(i)), in the name of the consumer, or issue are double recipients). Since World War II, retary of Defense; and an additional card on an existing credit ac- the vast majority of recipients from WWII, (3) the term ‘‘small business concern’’ has count requested by a consumer, or grant any the Korean War, and Vietnam have been the meaning given that term under section 3 increase in credit limit on an existing credit awarded posthumously. of the Small Business Act (15 U.S.C. 632). account requested by a consumer.’’. (6) As of May 3, 2016, there are only 76 liv- (b) IMPROVING THE USE OF STRATEGIC (b) RULEMAKING.—The Bureau of Consumer ing Medal of Honor recipients, whose average SOURCING.—Not later than 180 days after the Financial Protection shall prescribe regula- age is 77, creating an urgent need to preserve date of enactment of this Act— tions to define what constitutes appropriate the stories, artifacts, and heroic achieve- (1) the Secretary, acting through the proof of identity for purposes of section ments of these individuals. Under Secretary of Defense for Acquisition, 605A(d) of the Fair Credit Reporting Act, as (7) The United States has a need to pre- Technology, and Logistics, shall establish amended by subsection (a). serve forever the stories, knowledge, and his- performance measures for the inclusion of (c) TECHNICAL AMENDMENT.—Section tory of the 3,495 recipients of the Medal of small business concerns in Department-wide 603(q)(2) of the Fair Credit Reporting Act (15 Honor to portray that history and the cour- strategic sourcing initiatives, including ef- U.S.C. 1681a(q)(2)) is amended— age, commitment, integrity, citizenship, sac- forts being conducted through the Federal (1) in the heading for such paragraph, by rifice, and patriotism of the recipients to Strategic Sourcing Initiative and the Cat- striking ‘‘ACTIVE DUTY ALERT’’ and inserting citizens, visitors, and school children for egory Management Initiative; and ‘‘ACTIVE DUTY ALERT; ACTIVE DUTY FREEZE centuries to come. (2) the Secretary shall begin collecting ALERT’’; and (8) Therefore, it is appropriate to designate data, including data relating to the perform- (2) by inserting ‘‘and ‘active duty freeze The Medal of Honor Museum as ‘‘National ance measures established under paragraph alert’ ’’ before ‘‘mean’’. Medal of Honor Museum’’. (d) EFFECTIVE DATE.—This Act, and any (b) DESIGNATION OF THE NATIONAL MEDAL (1), on the participation of small business amendment made by this Act, shall take ef- OF HONOR MUSEUM.—The Medal of Honor Mu- concerns in strategic sourcing initiatives es- fect 1 year after the date of enactment of seum is hereby designated as ‘‘The National tablished by the Department, which shall in- this Act. Medal of Honor Museum’’. clude participation as subcontractors to the (c) FUNDING.—The amount authorized to be extent feasible and that data is available in SA 4615. Mr. GRAHAM submitted an appropriated under section 2403 for military order to determine the effectiveness of these amendment intended to be proposed by construction, land acquisition, and military contract vehicles and impact on the small him to the bill S. 2943, to authorize ap- family housing functions of the Department business industrial base. propriations for fiscal year 2017 for of Defense (other than the military depart- military activities of the Department ments), as specified in the finding table in SA 4618. Mr. MCCAIN submitted an of Defense, for military construction, section 4601, is increased by $10,000,000, with amendment intended to be proposed by and for defense activities of the De- the amount of such increase to be allocated him to the bill S. 2943, to authorize ap- partment of Energy, to prescribe mili- for planning and construction of the Na- propriations for fiscal year 2017 for tional Medal of Honor Museum. tary personnel strengths for such fiscal military activities of the Department year, and for other purposes; which was SA 4616. Mr. COTTON submitted an of Defense, for military construction, ordered to lie on the table; as follows: amendment intended to be proposed by and for defense activities of the De- At the end of subtitle E of title XXVIII, him to the bill S. 2943, to authorize ap- partment of Energy, to prescribe mili- add the following: propriations for fiscal year 2017 for tary personnel strengths for such fiscal SEC. 2853. CONGRESSIONAL DESIGNATION OF military activities of the Department year, and for other purposes; which was THE NATIONAL MEDAL OF HONOR MUSEUM. of Defense, for military construction, ordered to lie on the table; as follows: (a) FINDINGS.—Congress makes the fol- and for defense activities of the De- At the end of subtitle F of title XII, add lowing findings: partment of Energy, to prescribe mili- the following:

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DEFENSE AND SECURITY COOPERA- (6) to promote policies that will encourage craft operators with airspace situational TION WITH INDIA. the efficient review and authorization of de- awareness, the degree to which that tech- (a) FINDINGS.—Congress makes the fol- fense sales and exports to India, including nology is compatible with any civilian un- lowing findings: the treatment of military sales and export manned aircraft system traffic management (1) The United States and India face mu- authorizations to India in a manner similar system that may be part of the national air- tual security threats, and a robust defense to that of the closest defense partners of the space system after the date of enactment of partnership is in the interest of both coun- United States; this Act, and the potential of the technology tries. (7) to pursue greater government-to-gov- to enhance the safety of the United States (2) The relationship between the United ernment and commercial military trans- national airspace system; States and India has developed over the past actions between the United States and India; (3) describes— two decades to become a multifaceted, global and (A) the cases in which unmanned aircraft strategic and defense partnership rooted in (8) to support the development and align- of the Department of Defense may need to be shared democratic values and the promotion ment of the export control and procurement interoperable with any civilian unmanned of mutual prosperity, greater economic co- regimes of India with those of the United aircraft system traffic management system operation, regional peace, security, and sta- States and multilateral control regimes. that may be part of the national airspace bility. (d) BILATERAL COORDINATION.—The Presi- system after the date of the enactment of (3) In 2012, the Department of Defense dent is encouraged to coordinate with the this Act; and began an initiative to increase senior-level Government of India on an ongoing basis— (B) the efforts of the Department of De- oversight and engagement on defense co- (1) to develop and keep updated military fense to coordinate with the Federal Avia- operation between the United States and contingency plans for addressing threats to tion Administration and the National Aero- India, which is referred to as the ‘‘U.S.-India the mutual security interests of both coun- nautics and Space Administration on— Defense Technology and Trade Initiative’’ tries; (i) research, development, testing, and (DTTI). (2) to develop combined military plans for evaluation of concepts, technologies, and (4) On June 3, 2015, the Government of the missions such as humanitarian assistance systems required to ensure that unmanned United States and the Government of India and disaster relief, maritime domain aware- aircraft systems of the Department of De- entered into an executive agreement, enti- ness, freedom of navigation, and other mis- fense are interoperable with any civilian un- tled ‘‘Framework for the U.S.-India Defense sions in the national security interests of manned aircraft system traffic management Relationship’’, which renewed and updated both countries; and system that may be part of the national air- the previous defense framework agreement (3) to work toward actions and joint ef- space system after such date of enactment; between the United States and India, exe- forts, such as significant contributions to and cuted on June 28, 2005. ongoing global conflicts, that would allow (ii) the development of technology and (5) Consistent with the Framework for the the United States to treat India the same as standards for any civilian unmanned aircraft U.S.-India Defense Relationship and the its closest partners and allies with respect to system traffic management system that may goals of the U.S.-India Defense Technology United States laws and regulations. be part of the national airspace system after and Trade Initiative, improving defense co- (e) ASSESSMENT REQUIRED.— such date of enactment; and operation, achieving greater interaction be- (1) IN GENERAL.—The President shall, on an (4) assesses the adequacy of current laws, tween the military forces of both countries, ongoing basis, carry out an assessment of regulations, procedures, and activities to ad- increasing the flow of technology and invest- the extent to which India possesses capabili- dress risks assessed under paragraph (1) and ment, developing capabilities and partner- ties to execute military operations of mu- identifies additional actions that may be ap- ship in co-development and co-production, tual interest between the United States and propriate and necessary to address such and strengthening two-way defense trade are India. risks. in the national security interests of the (2) USE OF ASSESSMENT.—The President (b) DEFINITIONS.—In this section: United States. shall ensure that the assessment described in (1) CIVIL UNMANNED AIRCRAFT SYSTEM.—The (b) SENSE OF CONGRESS.—It is the sense of paragraph (1) is used to inform the review by term ‘‘civil unmanned aircraft system’’ Congress that— the United States of applications to export means an unmanned aircraft system that is (1) the defense partnership between the defense articles, defense services, or tech- a civil aircraft (as that term is defined in United States and India is vital to regional nical data to India under the Arms Export section 40102 of title 49, United States Code). and international stability and security; Control Act (22 U.S.C. 2751 et seq.). (2) UNMANNED AIRCRAFT; UNMANNED AIR- (2) the national security interests of the CRAFT SYSTEM.—The terms ‘‘unmanned air- United States can be furthered by advancing SA 4619. Mr. INHOFE (for himself, craft’’ and ‘‘unmanned aircraft system’’ have the goals of the Framework for the U.S.- Mr. HOEVEN, and Mr. HATCH) submitted the meanings given those terms in section India Defense Relationship and the effective an amendment intended to be proposed 331 of the FAA Modernization and Reform operation of the U.S.-India Defense Tech- by him to the bill S. 2943, to authorize Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 nology and Trade Initiative; and appropriations for fiscal year 2017 for note). (3) the commitment of the President to en- military activities of the Department hancing defense and security cooperation of Defense, for military construction, SA 4620. Mrs. ERNST (for herself, Mr. with India should be considered a priority in and for defense activities of the De- DURBIN, Mr. GRASSLEY, Mr. KIRK, and advancing the interests of the United States Mrs. GILLIBRAND) submitted an amend- in South Asia and the Indo-Pacific region. partment of Energy, to prescribe mili- tary personnel strengths for such fiscal ment intended to be proposed by her to (c) REQUIRED ACTIONS.—The President shall the bill S. 2943, to authorize appropria- take such actions as may be necessary— year, and for other purposes; which was (1) to recognize the status of India as a ordered to lie on the table; as follows: tions for fiscal year 2017 for military activities of the Department of De- global strategic and defense partner of the At the end of subtitle I of title X, add the United States through appropriate modifica- following: fense, for military construction, and tions to defense export control regulations; SEC. 1097. RISK MANAGEMENT AND INTEGRA- for defense activities of the Depart- (2) to approve and facilitate the transfer of TION EFFORTS WITH RESPECT TO ment of Energy, to prescribe military advanced technology in the context of, and CIVIL AND MILITARY UNMANNED personnel strengths for such fiscal in order to satisfy, combined military plan- AIRCRAFT SYSTEMS. year, and for other purposes; which was ning with the India military for missions (a) IN GENERAL.—Not later than one year ordered to lie on the table; as follows: such as humanitarian assistance and disaster after the date of the enactment of this Act, relief, counter piracy, and maritime domain the Secretary of Defense shall, in coordina- At the end of subtitle B of title XXVIII, awareness; tion with the Administrator of the Federal add the following: (3) to strengthen the effectiveness of the Aviation Administration and the heads of SEC. 2814. ARSENAL INSTALLATION REUTILIZA- U.S.-India Defense Technology and Trade other relevant Federal agencies, submit to TION AUTHORITY. Initiative and the durability of the ‘‘India Congress a report that— (a) MODIFIED AUTHORITY.—In the case of a Rapid Reaction Cell’’ of the Department of (1) assesses the risk posed by civil un- military manufacturing arsenal, the Sec- Defense; manned aircraft systems operating at or retary concerned may authorize leases and (4) to resolve issues impeding defense below 400 feet above ground level to— contracts under section 2667 of title 10, trade, security cooperation, and co-produc- (A) the safety of aircraft of the Armed United States Code, for a term of up to 25 tion and co-development opportunities be- Forces operating in military special use air- years, notwithstanding subsection (b)(1) of tween the United States and India; space and on military training routes; and such section, if the Secretary determines (5) to collaborate with the Government of (B) the security of military installations that a lease or contract of that duration will India to develop mutually agreeable mecha- located in the United States that directly promote the national defense or be in the nisms to verify the security of defense tech- support strategic operations of the Armed public interest for the purpose of— nology information and equipment, such as Forces; (1) helping to maintain the viability of the tailored cyber security and end-use moni- (2) assesses the technology the Department military manufacturing arsenal and any toring arrangements; of Defense employs to provide unmanned air- military installations on which it is located;

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JUSTICE SAFETY VALVE. section to the commander of the major sub- Fund, should be a priority for the Depart- (a) SHORT TITLE.—This section may be ordinate command of the Army that has re- ment as part of the continued support for the cited as the ‘‘Justice Safety Valve Act of sponsibility for the military manufacturing Peshmerga in the fight against the Islamic 2016’’. arsenal or, if part of a larger military instal- State of Iraq and al-Sham; (b) AUTHORITY TO IMPOSE A SENTENCE lation, the installation as a whole. The com- (5) the Peshmerga should receive all weap- BELOW A STATUTORY MINIMUM.—Section 3553 mander may approve a lease or contract ons and equipment that the United States of title 18, United States Code, is amended by under such authority on a case-by-case basis agrees to provide uninterrupted and in a adding at the end the following: or a class basis. timely manner; ‘‘(g) AUTHORITY TO IMPOSE A SENTENCE (2) REVIEW PERIOD.—Any lease or contract (6) the Peshmerga require medium and BELOW A STATUTORY MINIMUM TO PREVENT AN that is approved utilizing the delegation au- heavy weaponry that will allow them to de- UNJUST SENTENCE.— thority under paragraph (1) is subject to a 90- fend the Peshmerga and their coalition ad- ‘‘(1) GENERAL RULE.—Notwithstanding any day hold period so that the Army real prop- visers against the increased use of vehicle- provision of law other than this subsection, erty manager may review the lease or con- borne improvised explosive devices by the Is- the court may impose a sentence below a tract pursuant to paragraph (3). lamic State of Iraq and al-Sham; and statutory minimum if the court finds that it (3) DISPOSITION OF REVIEW.—If the Army (7) increased assistance to ensure the is necessary to do so in order to avoid vio- real property manager disapproves of a con- Peshmerga can continue to fight the Islamic lating the requirements of subsection (a). tract or lease submitted for review under State of Iraq and al-Sham is vital to the lib- ‘‘(2) COURT TO GIVE PARTIES NOTICE.—Before paragraph (2), the agreement shall be null eration of Mosul, Iraq, to enhance the com- imposing a sentence under paragraph (1), the and void upon transmittal by the real prop- bat medicine and logistical capabilities of court shall give the parties reasonable notice erty manager to the delegating authority of the Peshmerga, for the defense of internally of the court’s intent to do so and an oppor- a written disapproval, including a justifica- displaced persons and refugees, and for the tunity to respond. tion for such disapproval, within the 90-day defense of the coalition advisers of the ‘‘(3) STATEMENT IN WRITING OF FACTORS.— hold period. If no such disapproval is trans- Peshmerga. The court shall state, in the written state- mitted within the 90-day hold period, the ment of reasons, the factors under sub- agreement shall be deemed approved. SA 4622. Mr. FLAKE submitted an section (a) that require imposition of a sen- (4) APPROVAL OF REVISED AGREEMENT.—If, amendment intended to be proposed by tence below the statutory minimum. not later than 60 days after receiving a dis- him to the bill S. 2943, to authorize ap- ‘‘(4) APPEAL RIGHTS NOT LIMITED.—This sub- approval under paragraph (3), the delegating propriations for fiscal year 2017 for section does not limit any right to appeal that would otherwise exist in its absence.’’. authority submits to the Army real property military activities of the Department manager a new contract or lease that ad- dresses the Army real property manager’s of Defense, for military construction, SA 4624. Mr. SCHATZ submitted an concerns outlined in such disapproval, the and for defense activities of the De- amendment intended to be proposed by new contract or lease shall be deemed ap- partment of Energy, to prescribe mili- him to the bill S. 2943, to authorize ap- proved unless the Army real property man- tary personnel strengths for such fiscal propriations for fiscal year 2017 for ager transmits to the delegating authority a year, and for other purposes; which was military activities of the Department disapproval of the new contract or lease ordered to lie on the table; as follows: within 30 days of such submission. of Defense, for military construction, At the end of subtitle E of title V, add the (c) MILITARY MANUFACTURING ARSENAL DE- and for defense activities of the De- following: FINED.—In this section, the term ‘‘military partment of Energy, to prescribe mili- manufacturing arsenal’’ means a Govern- SEC. 565. COORDINATION AND, AS APPROPRIATE, tary personnel strengths for such fiscal ment-owned, Government-operated defense CONSOLIDATION OF FINANCIAL LIT- ERACY PROGRAMS AND TRAINING year, and for other purposes; which was plant of the Department of the Defense that FOR MEMBERS OF THE ARMED ordered to lie on the table; as follows: manufactures weapons, weapon components, FORCES. At the end of subtitle E of title XVI, add or both. (a) PLAN REQUIRED.—Not later than one the following: (d) SUNSET.—The authority under this sec- year after the date of the enactment of this SEC. 1667. PROCUREMENT OF MEDIUM-RANGE tion shall terminate at the close of Sep- Act, the Secretary of Defense shall submit to tember 30, 2019. DISCRIMINATION RADAR TO IM- the Committees on Armed Services of the PROVE HOMELAND MISSILE DE- Senate and the House of Representatives a FENSE. SA 4621. Mrs. ERNST (for herself, Mr. report setting forth a plan for the coordina- (a) ISSUANCE OF REQUEST FOR PROPOSALS.— CORKER, and Mrs. BOXER) submitted an tion and, as possible, consolidation of the Not later than October 1, 2017, the Director amendment intended to be proposed by current financial literacy training programs of the Missile Defense Agency shall issue a her to the bill S. 2943, to authorize ap- of the Department of Defense and the mili- request for proposals for the Medium-Range propriations for fiscal year 2017 for tary departments for members of the Armed Discrimination Radar in order to improve military activities of the Department Forces into a coordinated and comprehensive homeland missile defense. of Defense, for military construction, program of financial literacy training for (b) PLAN FOR FIELDING.—The Director shall and for defense activities of the De- members that provides access over the life of plan as follows: the members’ service and in transit— partment of Energy, to prescribe mili- (1) To procure the Medium-Range Dis- (1) and reduces unnecessary duplication crimination Radar, or an equivalent sensor, tary personnel strengths for such fiscal and unnecessary costs in the provision of fi- for fielding at a location determined by the year, and for other purposes; which was nancial literacy training to members; and Director to be appropriate to improve home- ordered to lie on the table; as follows: (2) ensures that members receive effective land missile defense for the defense of Ha- At the end of subtitle C of title XII, add and comprehensive training in financial lit- waii against limited ballistic missile attack the following: eracy as efficiently as possible. (including by accidental or unauthorized SEC. 1224. SENSE OF CONGRESS ON THE (b) IMPLEMENTATION.—The Secretary of De- launch). PESHMERGA OF THE KURDISTAN fense and the Secretaries of the military de- (2) To field the Radar, or such equivalent REGION OF IRAQ. partments shall commence implementation sensor, at the location determined pursuant It is the sense of Congress that— of the plan required by subsection (a) 90 days to paragraph (1) by not later than December (1) the Peshmerga of the Kurdistan Region after the date of the submittal of the plan as 31, 2021. of Iraq have been one of the most effective required by that subsection. (c) FUNDING.—Any procurement for pur- fighting forces in the military campaign poses of this section during fiscal year 2017 against the Islamic State of Iraq and al- SA 4623. Mr. PAUL (for himself and shall be made from within amounts other- Sham (ISIS); Mr. LEAHY) submitted an amendment wise authorized to be appropriated by this

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Act. This section does not authorize the ap- SEC. 2953. PROPERTY MANAGEMENT. ‘‘(d) TERMS OF COLLOCATION.—On approval propriation of funds for procurement for (a) IN GENERAL.—Chapter 5 of subtitle I of of the recommendations under subsection (c) such purposes. title 40, United States Code, is amended by by the Postmaster General and the applica- adding at the end the following: ble agency head, the Federal agency or ap- SA 4625. Mr. MURPHY (for himself ‘‘Subchapter VII—Property Management propriate landholding entity may work with and Mr. PAUL) submitted an amend- ‘‘§ 621. Definitions the Postmaster General to establish appro- ment intended to be proposed by him ‘‘In this subchapter: priate terms of a lease for each postal prop- ‘‘(1) ADMINISTRATOR.—The term ‘Adminis- erty. to the bill S. 2943, to authorize appro- ‘‘(e) RULE OF CONSTRUCTION.—Nothing in priations for fiscal year 2017 for mili- trator’ means the Administrator of General Services. this section exceeds, modifies, or supplants tary activities of the Department of ‘‘(2) COUNCIL.—The term ‘Council’ means any other Federal law relating to any com- Defense, for military construction, and the Federal Property Council established by petitive bidding process governing the leas- for defense activities of the Depart- section 623(a). ing of postal property. ment of Energy, to prescribe military ‘‘(3) DIRECTOR.—The term ‘Director’ means ‘‘§ 623. Establishment of a Federal Property personnel strengths for such fiscal the Director of the Office of Management Council year, and for other purposes; which was and Budget. ‘‘(a) ESTABLISHMENT.—There is established ordered to lie on the table; as follows: ‘‘(4) DISPOSAL.—The term ‘disposal’ means a Federal Property Council. any action that constitutes the removal of ‘‘(b) PURPOSE.—The purpose of the Council On page 1058, line 15, strike ‘‘country.’’ and any property from the inventory of the Fed- shall be— insert the following: ‘‘country; and eral agency, including sale, transfer, deed, ‘‘(1) to develop guidance and ensure imple- (9) consistent with the principles of good demolition, donation, or exchange. mentation of an efficient and effective prop- governance and the rule of law, and to en- ‘‘(5) FEDERAL AGENCY.—The term ‘Federal erty management strategy; sure alignment with the broader foreign pol- agency’ means— ‘‘(2) to identify opportunities for the Fed- icy and national security objectives of the ‘‘(A) an executive department or inde- eral Government to better manage property United States, no funds authorized for the pendent establishment in the executive and assets of the Federal Government; and Defense Security Cooperation Agency by this branch of the Government; or ‘‘(3) to reduce the costs of managing prop- Act, any previous Act, or otherwise available ‘‘(B) a wholly owned Government corpora- erty of the Federal Government, including to the Agency may be used to carry out the tion (other than the United States Postal operations, maintenance, and security asso- provisions of the Arms Export Control Act Service). ciated with Federal property. (22 U.S.C. 2751 et seq.), for the purposes of ‘‘(6) FIELD OFFICE.—The term ‘field office’ ‘‘(c) COMPOSITION.— implementing a sale of air to ground muni- means any office of a Federal agency that is ‘‘(1) IN GENERAL.—The Council shall be tions to Saudi Arabia unless the Government not the headquarters office location for the composed exclusively of— of Saudi Arabia— Federal agency. ‘‘(A) the senior real property officers of (A) demonstrates an ongoing effort to com- ‘‘(7) POSTAL PROPERTY.—The term ‘postal each Federal agency and the Postal Service; bat the mutual threat our nations face from property’ means any property owned or ‘‘(B) the Deputy Director for Management designated foreign terrorist organizations; leased by the United States Postal Service. of the Office of Management and Budget; and ‘‘(8) PUBLIC-PRIVATE PARTNERSHIP.—The ‘‘(C) the Controller of the Office of Man- (B) takes all feasible precautions to reduce term ‘public-private partnership’ means any agement and Budget; the risk of harm to civilians and civilian ob- partnership or working relationship between ‘‘(D) the Administrator; and jects, in compliance with international hu- a Federal agency and a corporation, indi- ‘‘(E) any other full-time or permanent manitarian law, in the course of military ac- vidual, or nonprofit organization for the pur- part-time Federal officials or employees, as tions it pursues for the purpose of legitimate pose of financing, constructing, operating, the Chairperson determines to be necessary. self-defense as described in section 4 of the managing, or maintaining 1 or more Federal ‘‘(2) CHAIRPERSON.—The Deputy Director Arms Export Control Act (22 U.S.C. 2754). real property assets. for Management of the Office of Management ‘‘(9) UNDERUTILIZED PROPERTY.—The term and Budget shall serve as Chairperson of the SA 4626. Mr. CARPER (for himself ‘underutilized property’ means a portion or Council. and Mr. PORTMAN) submitted an the entirety of any real property, including ‘‘(3) EXECUTIVE DIRECTOR.— amendment intended to be proposed by any improvements, that is used— ‘‘(A) IN GENERAL.—The Chairperson shall him to the bill S. 2943, to authorize ap- ‘‘(A) irregularly or intermittently by the designate an Executive Director to assist in propriations for fiscal year 2017 for accountable Federal agency for program pur- carrying out the duties of the Council. poses of the Federal agency; or UALIFICATIONS FULL TIME military activities of the Department ‘‘(B) Q ; - .—The Ex- ‘‘(B) for program purposes that can be sat- ecutive Director shall— of Defense, for military construction, isfied only with a portion of the property. ‘‘(i) be appointed from among individuals and for defense activities of the De- ‘‘§ 622. Collocation among United States Post- who have substantial experience in the areas partment of Energy, to prescribe mili- al Service properties of commercial real estate and development, tary personnel strengths for such fiscal ‘‘(a) IDENTIFICATION OF POSTAL PROP- real property management, and Federal op- year, and for other purposes; which was ERTY.—Each year, the Postmaster General erations and management; ordered to lie on the table; as follows: shall— ‘‘(ii) serve full time; and ‘‘(iii) hold no outside employment that At the end of division B, add the following: ‘‘(1) identify a list of postal properties with space available for use by Federal agencies; may conflict with duties inherent to the po- TITLE XXX—FEDERAL PROPERTY and sition. MANAGEMENT REFORM ‘‘(2) not later than September 30, submit ‘‘(d) MEETINGS.— SEC. 2951. SHORT TITLE. the list to— ‘‘(1) IN GENERAL.—The Council shall meet subject to the call of the Chairperson. This title may be cited as the ‘‘Federal ‘‘(A) the Committee on Homeland Security ‘‘(2) MINIMUM.—The Council shall meet not Property Management Reform Act of 2016’’. and Governmental Affairs of the Senate; and ‘‘(B) the Committee on Oversight and Gov- fewer than 4 times each year. SEC. 2952. PURPOSE. ernment Reform of the House of Representa- ‘‘(e) DUTIES.—The Council, in consultation The purpose of this title is to increase the tives. with the Director and the Administrator, efficiency and effectiveness of the Federal ‘‘(b) VOLUNTARY IDENTIFICATION OF POSTAL shall— Government in managing property of the PROPERTY.—Each year, the Postmaster Gen- ‘‘(1) not later than 1 year after the date of Federal Government by— eral may submit the list under subsection (a) enactment of this subchapter, establish a (1) requiring the United States Postal to the Council. property management plan template, to be Service to take appropriate measures to bet- ‘‘(c) SUBMISSION OF LIST OF POSTAL PROP- updated annually, which shall include per- ter manage and account for property and ERTIES TO FEDERAL AGENCIES.— formance measures, specific milestones, modernize the Postal fleet; ‘‘(1) IN GENERAL.—Not later than 30 days measurable savings, strategies, and Govern- (2) providing for increased collocation with after the completion of a list under sub- ment-wide goals based on the goals estab- Postal Service facilities and guidance on section (a), the Council shall provide the list lished under section 524(a)(7) to reduce sur- Postal Service leasing practices; to each Federal agency. plus property, to achieve better utilization (3) establishing a Federal Property Council ‘‘(2) REVIEW BY FEDERAL AGENCIES.—Not of underutilized property, or to enhance to develop guidance on and ensure the imple- later than 90 days after the receipt of the list management of high value personal prop- mentation of strategies for better managing submitted under paragraph (1), each Federal erty, and evaluation criteria to determine Federal property; agency shall— the effectiveness of property management (4) providing incentives to agencies to dis- ‘‘(A) review the list; that are designed— pose of excess property through retention of ‘‘(B) review properties under the control of ‘‘(A) to enable Congress and heads of Fed- proceeds; and the Federal agency; and eral agencies to track progress in the (5) providing guidance for surplus property ‘‘(C) recommend collocations if appro- achievement of property management objec- donations to museums. priate. tives on a Government-wide basis;

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.043 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3734 CONGRESSIONAL RECORD — SENATE June 9, 2016 ‘‘(B) to improve the management of real mation generated by the Council in per- chapter and to the extent consistent with property; and forming the duties of the Council to— national security, the Administrator shall ‘‘(C) to allow for comparison of the per- ‘‘(1) the Committee on Homeland Security make the database established under sub- formance of Federal agencies against indus- and Governmental Affairs of the Senate; section (a) accessible to the public at no cost try and other public sector agencies in terms ‘‘(2) the Committee on Environment and through the website of the General Services of performance; Public Works of the Senate; Administration. ‘‘(2) develop utilization rates consistent ‘‘(3) the Committee on Oversight and Gov- ‘‘(d) EXCLUSIONS.—In this section, surplus throughout each category of space, consid- ernment Reform of the House of Representa- property shall not include— ering the diverse nature of the Federal port- tives; ‘‘(1) any military installation (as defined folio and consistent with nongovernmental ‘‘(4) the Committee on Transportation and in section 2910 of the Defense Base Closure space use rates; Infrastructure of the House of Representa- and Realignment Act of 1990 (10 U.S.C. 2687 ‘‘(3) develop a strategy to reduce the reli- tives; and note; Public Law 101–510)); ance of Federal agencies on leased space for ‘‘(5) the Comptroller General of the United ‘‘(2) any property that is excepted from the long-term needs if ownership would be less States. definition of the term ‘property’ under sec- costly; ‘‘(i) EXCLUSIONS.—In this section, surplus tion 102; ‘‘(4) provide guidance on eliminating ineffi- property shall not include— ‘‘(3) Indian and native Eskimo property ciencies in the Federal leasing process; ‘‘(1) any military installation (as defined held in trust by the Federal Government as ‘‘(5) compile a list of field offices that are in section 2910 of the Defense Base Closure described in section 3301(a)(5)(C)(iii); suitable for collocation with other property and Realignment Act of 1990 (10 U.S.C. 2687 ‘‘(4) real property operated and maintained assets; note; Public Law 101–510)); by the Tennessee Valley Authority pursuant ‘‘(6) research best practices regarding the ‘‘(2) any property that is excepted from the to the Tennessee Valley Authority Act of use of public-private partnerships to manage definition of the term ‘property’ under sec- 1933 (16 U.S.C. 831 et seq.); properties and develop guidelines for the use tion 102; ‘‘(5) any real property the Director ex- of those partnerships in the management of ‘‘(3) Indian and native Eskimo property cludes for reasons of national security; Federal property; held in trust by the Federal Government as ‘‘(6) any public lands (as defined in section ‘‘(7) not later than 1 year after the date of described in section 3301(a)(5)(C)(iii); 203 of the Public Lands Corps Act of 1993 (16 enactment of this subchapter— ‘‘(4) real property operated and maintained U.S.C. 1722)) administered by— ‘‘(A) examine the disposal of surplus prop- by the Tennessee Valley Authority pursuant ‘‘(A) the Secretary of the Interior, acting erty through the State Agencies for Surplus to the Tennessee Valley Authority Act of through— Property program; and 1933 (16 U.S.C. 831 et seq.); ‘‘(i) the Director of the Bureau of Land ‘‘(B) issue a report that includes rec- ‘‘(5) any real property the Director ex- Management; ommendations on how the program could be cludes for reasons of national security; ‘‘(ii) the Director of the National Park improved to ensure accountability and in- ‘‘(6) any public lands (as defined in section Service; crease efficiencies in the property disposal 203 of the Public Lands Corps Act of 1993 (16 ‘‘(iii) the Commissioner of Reclamation; or process; and U.S.C. 1722)) administered by— ‘‘(iv) the Director of the United States ‘‘(8) not later than 1 year after the date of ‘‘(A) the Secretary of the Interior, acting Fish and Wildlife Service; or enactment of this subchapter and annually through— ‘‘(B) the Secretary of Agriculture, acting during the 4-year period beginning on the ‘‘(i) the Director of the Bureau of Land through the Chief of the Forest Service; or date that is 1 year after the date of enact- Management; ‘‘(7) any property operated and maintained ment of this subchapter and ending on the ‘‘(ii) the Director of the National Park by the United States Postal Service. date that is 5 years after the date of enact- Service; ‘‘§ 625. Information on certain leasing au- ment of this subchapter, the Council shall ‘‘(iii) the Commissioner of Reclamation; or thorities submit to the Director a report that con- ‘‘(iv) the Director of the United States ‘‘(a) IN GENERAL.—Except as provided in tains— Fish and Wildlife Service; or subsection (b), not later than December 31 of ‘‘(A) a list of the remaining excess prop- ‘‘(B) the Secretary of Agriculture, acting each year following the date of enactment of erty or surplus property that is real prop- through the Chief of the Forest Service; or this subchapter, a Federal agency with inde- erty, and underutilized properties of each ‘‘(7) any property operated and maintained pendent leasing authority shall submit to Federal agency; by the United States Postal Service. the Council a list of all leases, including op- ‘‘(B) the progress of the Council toward de- ‘‘§ 624. Inventory and database erating leases, in effect on the date of enact- veloping guidance for Federal agencies to en- ‘‘(a) IN GENERAL.—Not later than 1 year ment of this subchapter that includes— sure that the assessment required under sec- after the date of enactment of this sub- ‘‘(1) the date on which each lease was exe- tion 524(a)(11)(B) is carried out in a uniform chapter, the Administrator shall establish cuted; manner; and maintain a single, comprehensive, and ‘‘(2) the date on which each lease will ex- ‘‘(C) the progress of Federal agencies to- descriptive database of all real property pire; ward achieving the goals established under under the custody and control of all Federal ‘‘(3) a description of the size of the space; section 524(a)(7); and agencies. ‘‘(4) the location of the property; ‘‘(D) if necessary, recommendations for ‘‘(b) CONTENTS.—The database shall in- ‘‘(5) the tenant agency; legislation or statutory reforms that would clude— ‘‘(6) the total annual rental payment; and further the goals of the Council, including ‘‘(1) information provided to the Adminis- ‘‘(7) the amount of the net present value of streamlining the disposal of excess real or trator under section 524(a)(11)(B); and the total estimated legal obligations of the personal property or underutilized property. ‘‘(2) a list of property disposals completed, Federal Government over the life of the con- ‘‘(f) CONSULTATION.—In carrying out the including— tract. duties described in subsection (e), the Coun- ‘‘(A) the date and disposal method used for ‘‘(b) EXCEPTION.—Subsection (a) shall not cil shall also consult with representatives each property; apply to— of— ‘‘(B) the proceeds obtained from the dis- ‘‘(1) the United States Postal Service; or ‘‘(1) State, local, tribal authorities, and af- posal of each property; ‘‘(2) any other property the President ex- fected communities; and ‘‘(C) the amount of time required to dis- cludes from subsection (a) for reasons of na- ‘‘(2) appropriate private sector entities and pose of the property, including the date on tional security.’’. nongovernmental organizations that have which the property is designated as excess (b) TECHNICAL AND CONFORMING AMEND- expertise in areas of— property; MENTS.— ‘‘(A) commercial real estate and develop- ‘‘(D) the date on which the property is des- (1) TABLE OF SECTIONS.—The table of sec- ment; ignated as surplus property and the date on tions for chapter 5 of subtitle I of title 40, ‘‘(B) government management and oper- which the property is disposed; and United States Code, is amended by inserting ations; ‘‘(E) all costs associated with the disposal. after the item relating to section 611 the fol- ‘‘(C) space planning; ‘‘(c) ACCESSIBILITY.— lowing: ‘‘(D) community development, including ‘‘(1) COMMITTEES.—The database estab- ‘‘SUBCHAPTER VII—PROPERTY MANAGEMENT transportation and planning; lished under subsection (a) shall be made ‘‘(E) historic preservation; available on request to the Committee on ‘‘Sec. 621. Definitions. ‘‘(F) providing housing to the homeless Homeland Security and Governmental Af- ‘‘Sec. 622. Collocation among United States population; and fairs and the Committee on Environment Postal Service properties. ‘‘(G) personal property management. and Public Works of the Senate and the ‘‘Sec. 623. Establishment of a Federal Prop- ‘‘(g) COUNCIL RESOURCES.—The Director Committee on Oversight and Government erty Council. and the Administrator shall provide staffing, Reform and the Committee on Transpor- ‘‘Sec. 624. Inventory and database. and administrative support for the Council, tation and Infrastructure of the House of ‘‘Sec. 625. Information on certain leasing au- as appropriate. Representatives. thorities.’’. ‘‘(h) ACCESS TO INFORMATION.—The Council ‘‘(2) GENERAL PUBLIC.—Not later than 3 (2) TECHNICAL AMENDMENT.—Section 102 of shall make available, on request, all infor- years after the date of enactment of this sub- title 40, United States Code, is amended in

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.046 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3735 the matter preceding paragraph (1) by strik- ‘‘(vii) the number of postal employees, con- ‘‘(A) a transfer of excess personal property ing ‘‘The’’ and inserting ‘‘Except as provided tractor employees, and functions housed at to a Federal agency for agency use; or in subchapters VII and VIII of chapter 5 of the property; ‘‘(B) a sale, lease, or other disposition of this title, the’’. ‘‘(viii) the extent to which the mission of surplus personal property. SEC. 2954. UNITED STATES POSTAL SERVICE the Postal Service is dependent on the prop- ‘‘(3) PAYMENT OF EXPENSES OF SALE BEFORE PROPERTY MANAGEMENT. erty; and DEPOSIT.— (a) IN GENERAL.—Chapter 5 of subtitle I of ‘‘(ix) the estimated amount of capital ex- ‘‘(A) IN GENERAL.—Subject to regulations title 40, United States Code, as amended by penditures projected to maintain and operate under this subtitle, the expenses of the sale section 2953, is amended by adding at the end the property over each of the next 5 years of personal property may be paid from the the following: after the date of enactment of this sub- proceeds of the sale so that only the net pro- ‘‘Subchapter VIII—United States Postal chapter. ceeds are deposited in the Treasury. Service Property Management ‘‘(b) RULE OF CONSTRUCTION.—Nothing in ‘‘(B) APPLICATION.—This paragraph applies ‘‘§ 641. Definitions subsection (a)(4)(B) shall be construed to re- whether proceeds are deposited as miscella- quire the Postal Service to obtain an ap- ‘‘In this subchapter: neous receipts or to the credit of an appro- praisal of postal property.’’. ‘‘(1) EXCESS PROPERTY.—The term ‘excess priation as authorized by law. (b) TECHNICAL AND CONFORMING AMEND- property’ means any postal property that ‘‘(f) SAVINGS PROVISION.—Nothing in this MENT.—The table of sections for chapter 5 of the Postal Service determines is not required section modifies, affects, or repeals any subtitle I of title 40, United States Code, as other provision of Federal law directing the to meet the needs or responsibilities of the amended by section 3, is amended by insert- Postal Service. use of retained proceeds relating to the sale ing after the item relating to section 626 the of the property of an agency.’’. ‘‘(2) POSTAL PROPERTY.—The term ‘postal following: property’ means any property owned or SEC. 2956. INSPECTOR GENERAL REPORT ON ‘‘SUBCHAPTER VIII—UNITED STATES POSTAL leased by, or under the control of, the Postal UNITED STATES POSTAL SERVICE SERVICE PROPERTY MANAGEMENT PROPERTY. Service. (a) DEFINITION OF EXCESS PROPERTY.—In ‘‘(3) POSTAL SERVICE.—The term ‘Postal ‘‘Sec. 641. Definitions. this section, the term ‘‘excess property’’ has Service’ means the United States Postal ‘‘Sec. 642. United States Postal Service the meaning given the term in section 641 of Service. property management.’’. title 40, United States Code, as added by sec- ‘‘(4) UNDERUTILIZED PROPERTY.—The term SEC. 2955. AGENCY RETENTION OF PROCEEDS. tion 2954. ‘underutilized property’ means a portion or Section 571 of title 40, United States Code, is amended to read as follows: (b) EXCESS PROPERTY REPORT.—Not later the entirety of any real property, including than 2 years after the date of enactment of ‘‘§ 571. General rules for deposit and use of any improvements, that is used— this Act, the Inspector General of the United proceeds ‘‘(A) irregularly or intermittently by the States Postal Service shall submit to Con- Postal Service for program purposes of the ‘‘(a) PROCEEDS FROM TRANSFER OR SALE OF gress a report that includes— Postal Service; or REAL PROPERTY.— (1) a survey of excess property held by the ‘‘(B) for program purposes that can be sat- ‘‘(1) DEPOSIT OF NET PROCEEDS.—Except as United States Postal Service; and isfied only with a portion of the property. otherwise provided by Federal law, net pro- (2) recommendations for repurposing prop- ‘‘§ 642. United States Postal Service property ceeds described in subsection (d) shall be de- erty identified in paragraph (1)— management posited into the appropriate account of the (A) to— ‘‘(a) IN GENERAL.—The Postal Service— agency that had custody and accountability (i) reduce excess capacity; and ‘‘(1) shall maintain adequate inventory for the property at the time the property is (ii) increase collocation with other Federal controls and accountability systems for determined to be excess. agencies; and postal property; ‘‘(2) EXPENDITURE OF NET PROCEEDS.—The (B) without diminishing the ability of the ‘‘(2) shall develop current and future work- net proceeds deposited pursuant to para- United States Postal Service to meet the force projections so as to have the capacity graph (1) may only be expended as authorized service standards established under section to assess the needs of the Postal Service in annual appropriations Acts, for— 3691 of title 39, United States Code, as in ef- workforce regarding the use of property; ‘‘(A) activities described in sections 543 and fect on January 1, 2016. 545, including paying costs incurred by the ‘‘(3) may develop a 5-year management SEC. 2957. REPORTS ON UNITED STATES POSTAL template that— General Services Administration for any dis- SERVICE FLEET MODERNIZATION. ‘‘(A) establishes goals and policies that posal-related activity authorized by this (a) GAO REPORT.—Not later than 1 year will lead to the reduction of excess property title; and after the date of enactment of this Act, the and underutilized property in the inventory ‘‘(B) activities pursuant to implementation Comptroller General of the United States of the Postal Service; of the Federal Buildings Personnel Training shall study and submit to Congress a report ‘‘(B) adopts workplace practices, configu- Act of 2010 (40 U.S.C. 581 note; Public Law on— rations, and management techniques that 111–308). (1) the feasibility of the United States can achieve increased levels of productivity ‘‘(3) DEFICIT REDUCTION.—Any net proceeds Postal Service designing mail delivery vehi- and decrease the need for real property as- described in subsection (d) from the sale, cles that are equipped for diverse geographic sets; lease, or other disposition of surplus real conditions such as travel in rural areas and ‘‘(C) assesses leased space to identify space property that are not expended under para- extreme weather conditions; and that is not fully used or occupied; graph (2) shall be used for deficit reduction. (2) the feasibility and cost of the United ‘‘(b) EFFECT ON OTHER SECTIONS.—Nothing ‘‘(D) develops recommendations on how to States Postal Service integrating the use of in this section is intended to affect section address excess capacity at Postal Service fa- collision-averting technology into its vehicle 572(b), 573, or 574. cilities without negatively impacting mail fleet. ‘‘(c) DISPOSAL AGENCY FOR REVERTED PROP- delivery; and (b) POSTAL SERVICE REPORT.—Not later ERTY.—For the purposes of this section, for ‘‘(E) develops recommendations on ensur- than 1 year after the date of enactment of any property that reverts to the United ing the security of mail processing oper- States under sections 550 and 553, the Gen- this Act, the United States Postal Service ations; and eral Services Administration, as the disposal shall submit to Congress a report that in- ‘‘(4) if the Postal Service develops a tem- agency, shall be treated as the agency with cludes— plate under paragraph (3), shall, as part of custody and accountability for the property (1) a review of the efforts of the United that template, on a regular basis— at the time the property is determined to be States Postal Service relating to fleet re- ‘‘(A) conduct an inventory of postal prop- excess. placement and modernization; and erty that is real property; and ‘‘(d) NET PROCEEDS.—The net proceeds de- (2) a strategy for carrying out the fleet re- ‘‘(B) create a report that covers each prop- scribed in this subsection are proceeds under placement and lifecycle plan of the United erty identified under subparagraph (A), simi- this chapter, less expenses of the transfer or States Postal Service. lar to the ‘USPS Owned Facilities Report’ disposition as provided in section 572(a), SEC. 2958. SURPLUS PROPERTY DONATIONS TO and the ‘USPS Leased Facilities Report’, from— MUSEUMS. that includes— ‘‘(1) a transfer of excess real property to a Section 549(c)(3)(B) of title 40, United ‘‘(i) the date on which the Postal Service Federal agency for agency use; or States Code, is amended by striking clause first occupied the property; ‘‘(2) a sale, lease, or other disposition of (vii) and inserting the following: ‘‘(ii) the size of the property in square foot- surplus real property. ‘‘(vii) a museum open to the public on a age and acreage; ‘‘(e) PROCEEDS FROM TRANSFER OR SALE OF regularly scheduled weekly basis, and the ‘‘(iii) the geographical location of the prop- PERSONAL PROPERTY.— hours of operation are, at a minimum, dur- erty, including an address and description; ‘‘(1) IN GENERAL.—Except as otherwise pro- ing normal business hours (as determined by ‘‘(iv) the extent to which the property is vided in this subchapter, proceeds described the Administrator);’’. being utilized; in paragraph (2) shall be deposited in the SEC. 2959. DUTIES OF FEDERAL AGENCIES. ‘‘(v) the actual annual operating costs as- Treasury as miscellaneous receipts. (a) IN GENERAL.—Section 524(a) of title 40, sociated with the property; ‘‘(2) PROCEEDS.—The proceeds described in United States Code, is amended— ‘‘(vi) the total cost of capital expenditures this paragraph are proceeds under this chap- (1) in paragraph (4), by striking ‘‘and’’ at associated with the property; ter from— the end;

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.046 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3736 CONGRESSIONAL RECORD — SENATE June 9, 2016 (2) in paragraph (5), by striking the period tary personnel strengths for such fiscal ter of excellence in the prevention, diag- at the end and inserting a semicolon; and year, and for other purposes; which was nosis, mitigation, treatment, and rehabilita- (3) by adding at the end the following: ordered to lie on the table; as follows: tion of health conditions relating to expo- ‘‘(6) develop current and future workforce sure to burn pits and other environmental projections so as to have the capacity to as- At the end of subtitle I of title X, add the exposures to carry out the responsibilities sess the needs of the Federal workforce re- following: specified in subsection (d). garding the use of real property; SEC. 1097. COMPTROLLER GENERAL OF THE ‘‘(2) The Secretary shall establish the cen- ‘‘(7) establish goals and policies that will UNITED STATES REPORT ON THE ter of excellence under paragraph (1) through AIR FORCE STRATEGIC BASING the use of— lead the executive agency to reduce excess PROCESS. property and underutilized property in the ‘‘(A) the directives and policies of the De- (a) REPORT REQUIRED.—Not later 180 days inventory of the executive agency; partment in effect as of the date of the en- after the date of the enactment of this Act, actment of the National Defense Authoriza- ‘‘(8) submit to the Federal Property Coun- the Comptroller General of the United States cil an annual report on all excess property tion Act for Fiscal Year 2017; shall submit to the congressional defense ‘‘(B) the recommendations of the Comp- that is real property and underutilized prop- committees an interim report on the suit- erty in the inventory of the executive agen- troller General of the United States and In- ability and effectiveness of the Air Force’s spector General of the Department in effect cy, including— strategic basing process, with a final report ‘‘(A) whether underutilized property can be as of such date; and to follow not later than 270 days after the ‘‘(C) guidance issued by the Secretary of better utilized, including through colloca- date of the enactment of this Act. tion with other executive agencies or con- Defense under section 313 of the National De- (b) ELEMENTS.—The report under sub- solidation with other facilities; and fense Authorization Act for Fiscal Year 2013 section (a) shall include a description and as- (Public Law 112–239; 10 U.S.C. 1074 note). ‘‘(B) the extent to which the executive sessment of each of the following: agency believes that retention of the under- ‘‘(b) SELECTION OF SITE.—In selecting the (1) Effectiveness and alignment of the stra- site for the center of excellence established utilized property serves the needs of the ex- tegic basing process with Air Force strategy ecutive agency; under subsection (a), the Secretary shall and objectives. consider entities that— ‘‘(9) adopt workplace practices, configura- (2) Authoritativeness, transparency, con- ‘‘(1) are equipped with the specialized tions, and management techniques that can sistency, and auditability of the Air Force equipment needed to study, diagnose, and achieve increased levels of productivity and strategic basing process. treat health conditions relating to exposure decrease the need for real property assets; (3) Development of the criteria, basing ob- to burn pits and other environmental expo- ‘‘(10) assess leased space to identify space jectives, policies, programming, planning, sures; that is not fully used or occupied; and directives used for determining the en- ‘‘(2) have a track record of publishing in- ‘‘(11) on an annual basis and subject to the terprise-wide review for potential basing ac- formation relating to post-deployment guidance of the Federal Property Council— tions. health exposures among veterans who served ‘‘(A) conduct an inventory of real property (4) Development of the criteria basing ob- in the Armed Forces in support of Operation under control of the executive agency; and jectives, policies, programming, planning, Iraqi Freedom and Operation Enduring Free- ‘‘(B) make an assessment of each property, and directives used for determining can- dom; which shall include— didate bases for potential basing actions. ‘‘(3) have access to animal models and in ‘‘(i) the age and condition of the property; (5) Integration of risk management into vitro models of dust immunology and lung ‘‘(ii) the size of the property in square foot- the strategic basing process and communica- injury consistent with the injuries of mem- age and acreage; tion of risk to stakeholders and Congress. bers of the Armed Forces who served in sup- ‘‘(iii) the geographical location of the prop- (6) The decision-making process to arrive port of Operation Iraqi Freedom and Oper- erty, including an address and description; at final strategic basing decisions. ation Enduring Freedom; and ‘‘(iv) the extent to which the property is (7) Notification, method, timeliness, and ‘‘(4) have expertise in allergy, immu- being utilized; transparency of changes to criteria to stake- nology, and pulmonary diseases. ‘‘(v) the actual annual operating costs as- holders and Congress. ‘‘(c) COLLABORATION.—The Secretary shall sociated with the property; (8) Appropriateness and timeliness of noti- ensure that the center of excellence collabo- ‘‘(vi) the total cost of capital expenditures fications to various stakeholders. rates, to the maximum extent practicable, incurred by the Federal Government associ- (9) Applicability to the other military de- with the Secretary of Defense, institutions ated with the property; partments and Defense agencies. of higher education, and other appropriate ‘‘(vii) sustainability metrics associated (10) Other information determined to be public and private entities (including inter- with the property; appropriate by the Comptroller General. national entities) to carry out the respon- ‘‘(viii) the number of Federal employees sibilities specified in subsection (d). and contractor employees and functions SA 4628. Ms. KLOBUCHAR (for her- ‘‘(d) RESPONSIBILITIES.—The center of ex- housed at the property; self, Mr. TILLIS, Mr. ROUNDS, Mrs. cellence shall have the following responsibil- ‘‘(ix) the extent to which the mission of ities: GILLIBRAND, and Mr. FRANKEN) sub- the executive agency is dependent on the ‘‘(1) To provide for the development, test- property; mitted an amendment intended to be ing, and dissemination within the Depart- ‘‘(x) the estimated amount of capital ex- proposed by her to the bill S. 2943, to ment of best practices for the treatment of penditures projected to maintain and operate authorize appropriations for fiscal year health conditions relating to exposure to the property during the 5-year period begin- 2017 for military activities of the De- burn pits and other environmental expo- ning on the date of enactment of this para- partment of Defense, for military con- sures. graph; and struction, and for defense activities of ‘‘(2) To provide guidance for the health sys- ‘‘(xi) any additional information required tems of the Department and the Department by the Administrator of General Services to the Department of Energy, to prescribe military personnel strengths for such of Defense in determining the personnel re- carry out section 623; and quired to provide quality health care for ‘‘(12) provide to the Federal Property fiscal year, and for other purposes; members of the Armed Forces and veterans Council and the Administrator of General which was ordered to lie on the table; with health conditions relating to exposure Services the information described in para- as follows: to burn pits and other environmental expo- graph (11)(B) to be used for the establish- At the end of subtitle I of title X, add the sures. ment and maintenance of the database de- following: ‘‘(3) To establish, implement, and oversee a scribed in section 624.’’. SEC. 1097. ESTABLISHMENT OF CENTER OF EX- comprehensive program to train health pro- (b) DEFINITION OF EXECUTIVE AGENCY.—Sec- CELLENCE IN PREVENTION, DIAG- fessionals of the Department and the Depart- tion 524 of title 40, United States Code, is NOSIS, MITIGATION, TREATMENT, ment of Defense in the treatment of health amended by adding at the end the following: AND REHABILITATION OF HEALTH conditions relating to exposure to burn pits ‘‘(c) DEFINITION OF EXECUTIVE AGENCY.— CONDITIONS RELATING TO EXPO- and other environmental exposures. For the purpose of paragraphs (6) through SURE TO BURN PITS AND OTHER EN- ‘‘(4) To facilitate advancements in the (12) of subsection (a), the term ‘executive VIRONMENTAL EXPOSURES. study of the short-term and long-term ef- agency’ shall have the meaning given the (a) IN GENERAL.—Subchapter II of chapter fects of exposure to burn pits and other envi- term ‘Federal agency’ in section 621.’’. 73 of title 38, United States Code, is amended ronmental exposures. by adding at the end the following new sec- ‘‘(5) To disseminate within medical facili- SA 4627. Mrs. MURRAY submitted an tion: amendment intended to be proposed by ties of the Department best practices for ‘‘§ 7330B. Center of excellence in prevention, her to the bill S. 2943, to authorize ap- training health professionals with respect to diagnosis, mitigation, treatment, and reha- health conditions relating to exposure to propriations for fiscal year 2017 for bilitation of health conditions relating to burn pits and other environmental expo- military activities of the Department exposure to burn pits and other environ- sures. of Defense, for military construction, mental exposures ‘‘(6) To conduct basic science and and for defense activities of the De- ‘‘(a) ESTABLISHMENT.—(1) The Secretary translational research on health conditions partment of Energy, to prescribe mili- shall establish within the Department a cen- relating to exposure to burn pits and other

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.046 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3737 environmental exposures for the purposes of priations for fiscal year 2017 for mili- Army, strike the amount in the Senate au- understanding the etiology of such condi- tary activities of the Department of thorized column and insert ‘‘5,567,063’’. tions and developing preventive interven- Defense, for military construction, and In the funding table in section 4101, in the item relating to Total Procurement, strike tions and new treatments. for defense activities of the Depart- ‘‘(7) To provide medical treatment to vet- the amount in the Senate authorized column erans diagnosed with medical conditions spe- ment of Energy, to prescribe military and insert ‘‘102,439,976’’. cific to exposure to burn pits and other envi- personnel strengths for such fiscal In the funding table in section 4301, in the ronmental exposures. year, and for other purposes; which was item for Operation & Maintenance, Navy re- ‘‘(e) USE OF BURN PITS REGISTRY DATA.—In ordered to lie on the table; as follows: lating to Enterprise Information, strike the carrying out its responsibilities under sub- At the end of subtitle I of title XII, add the amount in the Senate authorized column and section (d), the center shall have access to following: insert ‘‘731,385’’. In the funding table in section 4301, in the and make use of the data accumulated by SEC. 1097. COLLABORATION BETWEEN FEDERAL the burn pits registry established under sec- AVIATION ADMINISTRATION AND DE- item relating to Total Operation & Mainte- tion 201 of the Dignified Burial and Other PARTMENT OF DEFENSE ON UN- nance, Navy, strike the amount in the Sen- Veterans’ Benefits Improvement Act of 2012 MANNED AIRCRAFT SYSTEMS. ate authorized column and insert (Public Law 112–260; 38 U.S.C. 527 note). (a) COLLABORATION BETWEEN FEDERAL ‘‘39,394,291’’. ‘‘(f) DEFINITIONS.—In this section: AVIATION ADMINISTRATION IN DEPARTMENT OF In the funding table in section 4301, in the ‘‘(1) The term ‘burn pit’ means an area of DEFENSE REQUIRED.— item relating to Total Operation & Mainte- land located in Afghanistan or Iraq that— (1) IN GENERAL.—The Administrator of the nance, strike the amount in the Senate au- ‘‘(A) is designated by the Secretary of De- Federal Aviation Administration and the thorized column and insert ‘‘171,384,798’’. fense to be used for disposing solid waste by Secretary of Defense shall collaborate on de- burning in the outdoor air; and veloping standards, policies, and procedures SA 4632. Mr. CARDIN submitted an ‘‘(B) does not contain a commercially man- for sense and avoid capabilities for un- amendment intended to be proposed by ufactured incinerator or other equipment manned aircraft systems. him to the bill S. 2943, to authorize ap- specifically designed and manufactured for (2) ELEMENTS.—The collaboration required propriations for fiscal year 2017 for the burning of solid waste. by paragraph (1) shall include the following: military activities of the Department ‘‘(2) The term ‘other environmental expo- (A) Sharing information and technology on of Defense, for military construction, sures’ means exposure to environmental haz- safely integrating unmanned aircraft sys- and for defense activities of the De- ards, including burn pits, dust or sand, haz- tems and manned aircraft in the national ardous materials, and waste at any site in airspace system. partment of Energy, to prescribe mili- Afghanistan or Iraq that emits smoke con- (B) Building upon Air Force and Depart- tary personnel strengths for such fiscal taining pollutants present in the environ- ment of Defense experience to inform the year, and for other purposes; which was ment or smoke from fires or explosions. Federal Aviation Administration’s develop- ordered to lie on the table; as follows: ‘‘(g) FUNDING.—(1) There is authorized to ment of civil standards, policies, and proce- Strike section 111. be appropriated to carry out this section dures for integrating unmanned aircraft sys- $30,000,000 for each of the first five fiscal tems in the national airspace system. SA 4633. Mr. CARDIN submitted an years beginning after the date of the enact- (C) Assisting in the development of best amendment intended to be proposed by ment of the National Defense Authorization practices for unmanned aircraft airworthi- him to the bill S. 2943, to authorize ap- Act for Fiscal Year 2017. ness certification, development of airborne propriations for fiscal year 2017 for ‘‘(2)(A) The Secretary may award addi- and ground-based sense and avoid capabili- tional amounts on a competitive basis to the ties for unmanned aircraft systems, and re- military activities of the Department center of excellence from the medical and search and development on unmanned air- of Defense, for military construction, prosthetics research account of the Depart- craft systems, especially with respect to and for defense activities of the De- ment for the purpose of conducting research matters involving human factors, informa- partment of Energy, to prescribe mili- under this section. tion assurance, and security. tary personnel strengths for such fiscal ‘‘(B) The Secretary shall give priority in (b) PARTICIPATION BY FEDERAL AVIATION year, and for other purposes; which was the award of amounts under subparagraph ADMINISTRATION IN DEPARTMENT OF DEFENSE ordered to lie on the table; as follows: (A) to research on multiple sclerosis and ACTIVITIES.— At the end of subtitle I of title X, add the other neurodegenerative disorders.’’. (1) IN GENERAL.—The Administrator may following: (b) CLERICAL AMENDMENT.—The table of participate and provide assistance for par- sections at the beginning of chapter 73 of ticipation in test and evaluation efforts of SEC. 1097. FEDERAL LAW ENFORCEMENT OFFI- such title is amended by inserting after the the Department of Defense, including the Air CER SELF-DEFENSE AND PROTEC- TION. item relating to section 7330A the following Force, relating to ground-based sense and (a) SHORT TITLE.—This section may be new item: avoid and airborne sense and avoid capabili- ‘‘7330B. Center of excellence in prevention, cited as the ‘‘Federal Law Enforcement Self- ties for unmanned aircraft systems. Defense and Protection Act of 2016’’. diagnosis, mitigation, treat- (2) PARTICIPATION THROUGH CENTERS OF EX- (b) FINDINGS.—Congress finds the fol- ment, and rehabilitation of CELLENCE AND TEST SITES.—Participation health conditions relating to lowing: under paragraph (1) may include provision of (1) Too often, Federal law enforcement of- exposure to burn pits and other assistance through the Unmanned Aircraft environmental exposures.’’. ficers encounter potentially violent crimi- Systems Center of Excellence and Unmanned nals, placing officers in danger of grave phys- Aircraft Systems Test Sites. SA 4629. Mr. RUBIO (for himself, Mr. ical harm. (c) UNMANNED AIRCRAFT SYSTEM DE- (2) In 2012 alone, 1,857 Federal law enforce- COCHRAN, Mr. WARNER, Mr. INHOFE, Mr. FINED.—In this section, the term ‘‘unmanned ment officers were assaulted, with 206 sus- HATCH, Mr. MORAN, Mrs. SHAHEEN, Mr. aircraft system’’ has the meaning given that taining serious injuries. NELSON, Mr. HOEVEN, Mr. LEE, Mr. term in section 331 of the FAA Moderniza- (3) From 2008 through 2011, an additional KING, Mr. THUNE, Ms. AYOTTE, Mrs. tion and Reform Act of 2012 (Public Law 112– 8,587 Federal law enforcement officers were FISCHER, Mr. BURR, Mr. CARDIN, Ms. 95; 49 U.S.C. 40101 note). assaulted. (4) Federal law enforcement officers re- COLLINS, Mr. KAINE, and Mrs. FEIN- SA 4631. Mr. PETERS submitted an STEIN) submitted an amendment in- main a target even when they are off-duty. amendment intended to be proposed by Over the past 3 years, 27 law enforcement of- tended to be proposed by him to the him to the bill S. 2943, to authorize ap- bill S. 2943, to authorize appropriations ficers have been killed off-duty. propriations for fiscal year 2017 for (5) It is essential that law enforcement of- for fiscal year 2017 for military activi- military activities of the Department ficers are able to defend themselves, so they ties of the Department of Defense, for of Defense, for military construction, can carry out their critical missions and en- military construction, and for defense and for defense activities of the De- sure their own personal safety and the safety activities of the Department of Energy, partment of Energy, to prescribe mili- of their families whether on-duty or off-duty. to prescribe military personnel tary personnel strengths for such fiscal (6) These dangers to law enforcement offi- strengths for such fiscal year, and for cers continue to exist during a covered fur- year, and for other purposes; which was lough. other purposes; which was ordered to ordered to lie on the table; as follows: lie on the table; as follows: (c) DEFINITIONS.—In this section— In the funding table in section 4101, in the (1) the term ‘‘agency’’ means each author- In section 844, strike subsection (e). item relating to Hi Mob Multi-Purp Whld ity of the executive, legislative, or judicial Veh (HMMWV), strike the amount in the branch of the Government of the United SA 4630. Mr. BROWN (for himself and Senate authorized column and insert States; Mr. PORTMAN) submitted an amend- ‘‘26,000’’. (2) the term ‘‘covered Federal law enforce- ment intended to be proposed by him In the funding table in section 4101, in the ment officer’’ means any individual who— to the bill S. 2943, to authorize appro- item relating to Total Other Procurement, (A) is an employee of an agency;

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.047 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3738 CONGRESSIONAL RECORD — SENATE June 9, 2016 (B) has the authority to make arrests or Secretary of Defense shall conduct a study (5) establishes partnerships between the of- apprehensions for, or prosecute, violations of to determine whether members of the Armed feror and historically Black colleges and uni- Federal law; and Forces and their families who live in mili- versities (HBCUs) and other minority-serv- (C) on the day before the date on which the tary housing in the United States have ac- ing institutions for the purpose of training applicable covered furlough begins, is au- cess to water that complies with Federal and students in scientific disciplines; thorized by the agency employing the indi- State drinking water standards and guid- (6) awards scholarships and fellowships, vidual to carry a firearm in the course of of- ance, including health advisory levels. and establishes cooperative work-education ficial duties; (b) COMPLIANCE MEASURES.—If the Sec- programs in scientific disciplines; (3) the term ‘‘covered furlough’’ means a retary finds that water available to members (7) attracts and retains faculty involved in planned event by an agency during which of the Armed Forces and their families who scientific disciplines critical to the functions employees are involuntarily furloughed due live in military housing does not meet State of the Department of Defense; to downsizing, reduced funding, lack of work, or Federal drinking water standards and (8) conducts recruitment activities at uni- or any budget situation including a lapse in guidance, including health advisory levels, versities and community colleges, including appropriations; and the Secretary shall— HBCUs, or offers internships or apprentice- (4) the term ‘‘firearm’’ has the meaning (1) in the case of military housing serviced ships; or given that term in section 921 of title 18, by Department of Defense-controlled water (9) establishes programs and outreach ef- United States Code. supply systems, take immediate steps to forts to strengthen STEM. (d) PROTECTING FEDERAL LAW ENFORCE- bring noncompliant water sources into com- (b) CONSIDERATION OF EVALUATION FACTORS MENT OFFICERS WHO ARE SUBJECTED TO A pliance with State and Federal standards AND EFFECT ON SMALL BUSINESS CONCERNS.— COVERED FURLOUGH.—During a covered fur- and guidance, including health advisory lev- In prescribing regulations to carry out this lough, a covered Federal law enforcement of- els, and in the case of military housing serv- section, the Secretary of Defense shall en- ficer shall have the same rights to carry a iced by non-Department of Defense-con- sure that all award decisions are based on firearm issued by the Federal Government as trolled water supply systems, work with the evaluation factors and significant subfactors if the covered furlough was not in effect, in- municipal or private water system to take that are tailored to the acquisition, and that cluding, if authorized on the day before the immediate steps to bring noncompliant small business concerns are not unduly ad- date on which the covered furlough begins, water sources into compliance with State versely affected. the right to carry a concealed firearm, if the and Federal standards and guidance, includ- sole reason the covered Federal law enforce- ing health advisory levels; and Mr. MCCAIN submitted an ment officer was placed on leave was due to SA 4636. (2) within 30 days of discovering that a amendment intended to be proposed by the covered furlough. water source does not meet State or Federal (e) COMPENSATION FOR FEDERAL EMPLOYEES him to the bill S. 2943, to authorize ap- drinking water standards and guidance, in- AFFECTED BY A LAPSE IN APPROPRIATIONS.— propriations for fiscal year 2017 for cluding health advisory levels, provide to the Section 1341 of title 31, United States Code, military activities of the Department is amended— Committees on Armed Services of the Senate and the House of Representatives and the of Defense, for military construction, (1) in subsection (a)(1), by striking ‘‘An of- and for defense activities of the De- ficer’’ and inserting ‘‘Except as specified in congressional delegation of the affected this subchapter or any other provision of State written verification describing the partment of Energy, to prescribe mili- law, an officer’’; and noncompliant water sources, including the tary personnel strengths for such fiscal (2) by adding at the end the following: location of all affected members of the year, and for other purposes; which was ‘‘(c)(1) In this subsection— Armed Forces, and an explanation about how ordered to lie on the table; as follows: ‘‘(A) the term ‘covered lapse in appropria- the Secretary will bring the water source into compliance with State and Federal At the end of subtitle I of title X, add the tions’ means a lapse in appropriations that following: begins on or after October 1, 2016; and standards and guidance, including health ad- visory levels. SEC. 1097. ESTABLISHMENT OF VETERANS ‘‘(B) the term ‘excepted employee’ means CHOICE PROGRAM. an excepted employee or an employee per- (a) ESTABLISHMENT OF PROGRAM.— forming emergency work, as such terms are SA 4635. Mr. BROWN submitted an (1) IN GENERAL.—Subchapter I of chapter 17 defined by the Office of Personnel Manage- amendment intended to be proposed by of title 38, United States Code, is amended by ment. him to the bill S. 2943, to authorize ap- ‘‘(2) Each Federal employee furloughed as inserting after section 1703 the following new propriations for fiscal year 2017 for section: a result of a covered lapse in appropriations military activities of the Department shall be paid for the period of the lapse in ap- of Defense, for military construction, ‘‘§ 1703A. Veterans Choice Program propriations, and each excepted employee and for defense activities of the De- ‘‘(a) PROGRAM.— who is required to perform work during a ‘‘(1) FURNISHING OF CARE.— partment of Energy, to prescribe mili- covered lapse in appropriations shall be paid ‘‘(A) IN GENERAL.—Subject to the avail- for such work, at the employee’s standard tary personnel strengths for such fiscal ability of appropriations provided for such rate of pay at the earliest date possible after year, and for other purposes; which was purpose, hospital care and medical services the lapse in appropriations ends, regardless ordered to lie on the table; as follows: under this chapter may be furnished to an el- of scheduled pay dates. igible veteran described in subsection (b), at ‘‘(3) During a covered lapse in appropria- At the end of subtitle B of title VIII, add the following: the election of such veteran, through con- tions, each excepted employee who is re- tracts authorized under subsection (d), or quired to perform work shall be entitled to SEC. 829K. PREFERENCE FOR POTENTIAL DE- any other law administered by the Sec- use leave under chapter 63 of title 5, or any FENSE CONTRACTORS THAT CARRY retary, with entities specified in subpara- other applicable law governing the use of OUT CERTAIN STEM-RELATED AC- TIVITIES. graph (B) for the furnishing of such care and leave by the excepted employee, for which (a) IN GENERAL.—In evaluating offers sub- services to veterans. The furnishing of hos- compensation shall be paid at the earliest date possible after the lapse in appropria- mitted in response to a solicitation for con- pital care and medical services under this tions ends, regardless of scheduled pay tracts, the Secretary of Defense shall provide section may be referred to as the ‘Veterans dates.’’. a preference to any offeror that— Choice Program’. (1) establishes or enhances undergraduate, ‘‘(B) ENTITIES SPECIFIED.—The entities SA 4634. Mr. CARDIN submitted an graduate, and doctoral programs in science, specified in this subparagraph are the fol- amendment intended to be proposed by technology, engineering, and mathematics lowing: him to the bill S. 2943, to authorize ap- (in this section referred to as ‘‘STEM’’ dis- ‘‘(i) Any health care provider that is par- propriations for fiscal year 2017 for ciplines); ticipating in the Medicare program under (2) makes investments, such as program- title XVIII of the Social Security Act (42 military activities of the Department ming and curriculum development, in STEM U.S.C. 1395 et seq.), including any physician of Defense, for military construction, programs within elementary and secondary furnishing services under such program. and for defense activities of the De- schools, including those that support the ‘‘(ii) Any Federally-qualified health center partment of Energy, to prescribe mili- needs of military children; (as defined in section 1905(l)(2)(B) of the So- tary personnel strengths for such fiscal (3) encourages employees to volunteer in cial Security Act (42 U.S.C. 1396d(l)(2)(B))). year, and for other purposes; which was schools eligible for assistance under part A ‘‘(iii) The Department of Defense. ordered to lie on the table; as follows: of title I of the Elementary and Secondary ‘‘(iv) The Indian Health Service. At the end of subtitle B of title II, add the Education Act of 1965 (20 U.S.C. 6311 et seq.) ‘‘(v) Any health care provider not other- following: in order to enhance STEM education and wise covered under any of clauses (i) through programs; (iv) that meets criteria established by the SEC. 306. COMPLIANCE OF MILITARY HOUSING WATER SUPPLIES WITH FEDERAL (4) makes personnel available to advise and Secretary for purposes of this section. AND STATE DRINKING WATER assist faculty at colleges and universities in ‘‘(2) CHOICE OF PROVIDER.—An eligible vet- STANDARDS. the performance of STEM research and dis- eran who makes an election under subsection (a) STUDY.—Not later than 180 days after ciplines critical to the functions of the De- (c) to receive hospital care or medical serv- the date of the enactment of this Act, the partment of Defense; ices under this section may select a provider

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.047 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3739 of such care or services from among the enti- ‘‘(A) provide the veteran an appointment by the United States as described in clause ties specified in paragraph (1)(B) that are ac- that exceeds the wait-time goals described in (i) with respect to the furnishing of care or cessible to the veteran. such subsection or place such veteran on an services under this section to an eligible vet- ‘‘(3) COORDINATION OF CARE AND SERVICES.— electronic waiting list described in para- eran who resides in a highly rural area. The Secretary shall coordinate, through the graph (2) for an appointment for hospital ‘‘(II) OTHER EXCEPTIONS.— Non-VA Care Coordination Program of the care or medical services the veteran has ‘‘(aa) ALASKA.—With respect to furnishing Department, the furnishing of care and serv- elected to receive under this section; or care or services under this section in Alaska, ices under this section to eligible veterans, ‘‘(B)(i) authorize that such care or services the Alaska Fee Schedule of the Department including by ensuring that an eligible vet- be furnished to the eligible veteran under of Veterans Affairs will be followed, except eran receives an appointment for such care this section; and for when another payment agreement, in- and services within the wait-time goals of ‘‘(ii) notify the eligible veteran by the cluding a contract or provider agreement, is the Veterans Health Administration for the most effective means available, including in place. furnishing of hospital care and medical serv- electronic communication or notification in ‘‘(bb) OTHER STATES.—With respect to care ices. writing, describing the care or services the or services furnished under this section in a ‘‘(b) ELIGIBLE VETERANS.—A veteran is an eligible veteran is eligible to receive under State with an All-Payer Model Agreement in eligible veteran for purposes of this section this section. effect under section 1814 of the Social Secu- if— ‘‘(2) ELECTRONIC WAITING LIST.—The elec- rity Act (42 U.S.C. 1395f), the Medicare pay- ‘‘(1) the veteran is enrolled in the patient tronic waiting list described in this para- ment rates under clause (i) shall be cal- enrollment system of the Department estab- graph shall be maintained by the Depart- culated based on the payment rates under lished and operated under section 1705 of this ment and allow access by each eligible vet- such agreement. title; and eran via www.myhealth.va.gov or any suc- ‘‘(III) HIGHLY RURAL AREA DEFINED.—In this ‘‘(2)(A) the veteran is unable to schedule an cessor website (or other digital channel) for clause, the term ‘highly rural area’ means an appointment for the receipt of hospital care the following purposes: area located in a county that has fewer than or medical services from a health care pro- ‘‘(A) To determine the place of such eligi- seven individuals residing in that county per vider of the Department within the lesser ble veteran on the waiting list. square mile. ‘‘(B) To determine the average length of of— ‘‘(C) LIMIT ON COLLECTION.—For the fur- time an individual spends on the waiting ‘‘(i) the wait-time goals of the Veterans nishing of care or services pursuant to a con- list, disaggregated by medical facility of the Health Administration for such care or serv- tract under paragraph (1), an entity specified Department and type of care or service need- ices; or in subsection (a)(1)(B) may not collect any ed, for purposes of allowing such eligible vet- ‘‘(ii) a period determined by a health care amount that is greater than the rate nego- eran to make an informed election under provider of the Department to be clinically tiated pursuant to subparagraph (A)(i). paragraph (1). necessary for the receipt of such care or ‘‘(e) VETERANS CHOICE CARD.— ‘‘(d) CARE AND SERVICES THROUGH CON- N GENERAL services; TRACTS.— ‘‘(1) I .—For purposes of receiving ‘‘(B) the veteran does not reside within 40 ‘‘(1) CONTRACTS.— care and services under this section, the Sec- miles driving distance from a medical facil- ‘‘(A) IN GENERAL.—Except as provided in retary shall issue to each veteran described ity of the Department, including a commu- subparagraph (B) and subject to the avail- in subsection (b)(1) a card that may be pre- nity-based outpatient clinic, with a full-time ability of appropriations provided for such sented to a health care provider to facilitate primary care physician; purpose, the Secretary may enter into con- the receipt of care or services under this sec- ‘‘(C) the veteran— tracts for furnishing care and services to eli- tion. ‘‘(i) resides in a State without a medical gible veterans under this section with enti- ‘‘(2) NAME OF CARD.—Each card issued facility of the Department that provides— ties specified in subsection (a)(1)(B). under paragraph (1) shall be known as a ‘Vet- ‘‘(I) hospital care; ‘‘(B) OTHER PROCESSES.—Before entering erans Choice Card’. ‘‘(II) emergency medical services; and into a contract under this paragraph, the ‘‘(3) DETAILS OF CARD.—Each Veterans ‘‘(III) surgical care rated by the Secretary Secretary shall, to the maximum extent Choice Card issued to a veteran under para- as having a surgical complexity of standard; practicable and consistent with the require- graph (1) shall include the following: and ments of this section, furnish such care and ‘‘(A) The name of the veteran. ‘‘(ii) does not reside within 20 miles driving services to such veterans under this section ‘‘(B) An identification number for the vet- distance from a medical facility of the De- with such entities pursuant to sharing agree- eran that is not the social security number partment described in clause (i); ments, existing contracts entered into by the of the veteran. ‘‘(D) the veteran faces an unusual or exces- Secretary, or other processes available at ‘‘(C) The contact information of an appro- sive burden in accessing hospital care or medical facilities of the Department. priate office of the Department for health medical services from a medical facility of ‘‘(C) TREATMENT OF CONTRACTS.—A con- care providers to confirm that care or serv- the Department that is within 40 miles driv- tract entered into under this paragraph may ices under this section are authorized for the ing distance from the residence of the vet- not be treated as a Federal contract for the veteran. eran due to— acquisition of goods or services and is not ‘‘(D) Contact information and other rel- ‘‘(i) geographical challenges; subject to any provision of law governing evant information for the submittal of ‘‘(ii) environmental factors, such as roads Federal contracts for the acquisition of claims or bills for the furnishing of care or that are not accessible to the general public, goods or services. services under this section. traffic, or hazardous weather; ‘‘(D) CONTRACT DEFINED.—In this para- ‘‘(E) The following statement: ‘This card is ‘‘(iii) a medical condition of the veteran graph, the term ‘contract’ has the meaning for qualifying medical care outside the De- that affects the ability to travel; or given that term in subpart 2.101 of the Fed- partment of Veterans Affairs. Please call the ‘‘(iv) such other factors as determined by eral Acquisition Regulation. Department of Veterans Affairs phone num- the Secretary; ‘‘(2) RATES AND REIMBURSEMENT.— ber specified on this card to ensure that ‘‘(E) the veteran resides in a location, ‘‘(A) IN GENERAL.—In entering into a con- treatment has been authorized.’. other than a location in Guam, American tract under paragraph (1) with an entity ‘‘(4) INFORMATION ON USE OF CARD.—Upon Samoa, or the Republic of the Philippines, specified in subsection (a)(1)(B), the Sec- issuing a Veterans Choice Card to a veteran, that requires the veteran to travel by air, retary shall— the Secretary shall provide the veteran with boat, or ferry to reach a medical facility of ‘‘(i) negotiate rates for the furnishing of information clearly stating the cir- the Department, including a community- care and services under this section; and cumstances under which the veteran may be based outpatient clinic; ‘‘(ii) reimburse the entity for such care and eligible for care or services under this sec- ‘‘(F) the veteran is enrolled in the pilot services at the rates negotiated under clause tion. program under section 403 of the Veterans’ (i) as provided in such contract. ‘‘(f) INFORMATION ON AVAILABILITY OF Mental Health and Other Care Improvements ‘‘(B) LIMIT ON RATES.— CARE.—The Secretary shall provide informa- Act of 2008 (Public Law 110–387; 38 U.S.C. 1703 ‘‘(i) IN GENERAL.—Except as provided in tion to a veteran about the availability of note) as of the date of the enactment of the clause (ii), rates negotiated under subpara- care and services under this section in the National Defense Authorization Act for Fis- graph (A)(i) shall not be more than the rates following circumstances: cal Year 2017; or paid by the United States to a provider of ‘‘(1) When the veteran enrolls in the pa- ‘‘(G) there is a compelling reason, as deter- services (as defined in section 1861(u) of the tient enrollment system of the Department mined by the Secretary, that the veteran Social Security Act (42 U.S.C. 1395x(u))) or a established and operated under section 1705 needs to receive hospital care or medical supplier (as defined in section 1861(d) of such of this title. services from a medical facility other than a Act (42 U.S.C. 1395x(d))) under the Medicare ‘‘(2) When the veteran attempts to sched- medical facility of the Department. program under title XVIII of the Social Se- ule an appointment for the receipt of hos- ‘‘(c) ELECTION AND AUTHORIZATION.— curity Act (42 U.S.C. 1395 et seq.) for the pital care or medical services from the De- ‘‘(1) IN GENERAL.—In the case of an eligible same care or services. partment but is unable to schedule an ap- veteran described in subsection (b)(2)(A), the ‘‘(ii) EXCEPTIONS.— pointment within the wait-time goals of the Secretary shall, at the election of the vet- ‘‘(I) IN GENERAL.—The Secretary may nego- Veterans Health Administration for the fur- eran— tiate a rate that is more than the rate paid nishing of such care or services.

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.048 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3740 CONGRESSIONAL RECORD — SENATE June 9, 2016 ‘‘(3) When the veteran becomes eligible for ment a copy of any medical record related to the date that is 180 days after the date of the hospital care or medical services under this the care or services provided to such veteran enactment of this Act. section under subparagraph (B), (C), (D), (E), by such health care provider for inclusion in (F), or (G) of subsection (b)(2). the electronic medical record of such veteran SA 4637. Ms. HIRONO (for herself and ‘‘(g) FOLLOW-UP CARE.—The Secretary maintained by the Department upon the Mr. SULLIVAN) submitted an amend- shall ensure that, at the election of an eligi- completion of the provision of such care or ment intended to be proposed by her to ble veteran who receives hospital care or services to such veteran. the bill S. 2943, to authorize appropria- medical services from a health care provider ‘‘(2) ELECTRONIC FORMAT.—Any medical tions for fiscal year 2017 for military in an episode of care under this section, the record submitted to the Department under activities of the Department of De- veteran receives such care or services from paragraph (1) shall, to the extent possible, be that health care provider or another health in an electronic format. fense, for military construction, and care provider selected by the veteran, includ- ‘‘(l) RECORDS NOT REQUIRED FOR REIM- for defense activities of the Depart- ing a health care provider of the Depart- BURSEMENT.—With respect to care or services ment of Energy, to prescribe military ment, through the completion of the episode furnished to an eligible veteran by a health personnel strengths for such fiscal of care, including all specialty and ancillary care provider under this section, the receipt year, and for other purposes; which was services deemed necessary as part of the by the Department of a medical record under ordered to lie on the table; as follows: treatment recommended in the course of subsection (k) detailing such care or services such care or services. is not required before reimbursing the health On page 249, between lines 12 and 13, insert ‘‘(h) PROVIDERS.—To be eligible to furnish care provider for such care or services. the following: (a) REPORT ON MILITARY COMPENSATION care or services under this section, a health ‘‘(m) TRACKING OF MISSED APPOINTMENTS.— care provider must— The Secretary shall implement a mechanism PACKAGE.— ‘‘(1) maintain at least the same or similar to track any missed appointments for care or (1) REPORT REQUIRED.—Not later than one credentials and licenses as those credentials services under this section by eligible vet- year after the date of the enactment of this and licenses that are required of health care erans to ensure that the Department does Act, the Secretary of Defense shall submit to providers of the Department, as determined not pay for such care or services that were the Committees on Armed Services of the by the Secretary for purposes of this section; not furnished to an eligible veteran. Senate and the House of Representatives a and ‘‘(n) RULES OF CONSTRUCTION.— report on the full array of the military com- ‘‘(2) submit, not less frequently than annu- ‘‘(1) PRESCRIPTION MEDICATIONS.—Nothing pensation package, including— ally, verification of such licenses and creden- in this section shall be construed to alter the (A) the adequacy of Regular Military Com- tials maintained by such health care pro- process of the Department for filling and pensation to sustain all aspects of the All- vider. paying for prescription medications. Volunteer Force; ‘‘(i) COST-SHARING.— ‘‘(2) TIERED NETWORK.—Nothing in this sec- (B) the modernization of the military re- ‘‘(1) IN GENERAL.—The Secretary shall re- tion shall be construed to authorize the cre- tirement system to be accomplished by part quire an eligible veteran to pay a copayment ation of a tiered network in which an eligible I of subtitle D of title VI of the National De- for the receipt of care or services under this veteran would be required to receive care or fense Authorization Act for Fiscal Year 2016 section only if such eligible veteran would be services from an entity in a higher tier than (Public Law 114–92; 129 Stat. 842); required to pay a copayment for the receipt any other entity or provider network. (C) indirect compensation that accrues by of such care or services at a medical facility ‘‘(o) WAIT-TIME GOALS OF THE VETERANS reason of military service, including com- of the Department or from a health care pro- HEALTH ADMINISTRATION.— missary and exchange benefits, child care, vider of the Department under this chapter. ‘‘(1) IN GENERAL.—Except as provided in health care, military life insurance, edu- ‘‘(2) LIMITATION.—The amount of a copay- paragraph (2), in this section, the term ‘wait- cation benefits, and veterans benefits; ment charged under paragraph (1) may not time goals of the Veterans Health Adminis- (D) the value of providing greater trans- exceed the amount of the copayment that tration’ means not more than 30 days from parency to members of the Armed Forces, would be payable by such eligible veteran for the date on which a veteran requests an ap- prospective members of the Armed Forces, the receipt of such care or services at a med- pointment for hospital care or medical serv- and the public by providing an annual state- ical facility of the Department or from a ices from the Department. ment to members of the total value of their health care provider of the Department ‘‘(2) ALTERNATE GOALS.—If the Secretary military compensation packing, including under this chapter. submits to Congress, not later than 180 days the value of the compensation described in ‘‘(j) CLAIMS PROCESSING SYSTEM.— after the date of the enactment of the Na- subparagraph (C); ‘‘(1) IN GENERAL.—The Secretary shall pro- tional Defense Authorization Act for Fiscal (E) the impacts of the matters in subpara- vide for an efficient nationwide system for Year 2017, a report stating that the actual graphs (A) through (D) on recruitment, re- prompt processing and paying of bills or wait-time goals of the Veterans Health Ad- tention, and compensation of the All-Volun- claims for authorized care and services fur- ministration are different from the wait- teer Force. nished to eligible veterans under this sec- time goals specified in paragraph (1)— (2) ELEMENTS.—The report required by tion. ‘‘(A) for purposes of this section, the wait- paragraph (1) shall include the following: ‘‘(2) OVERSIGHT.—The Chief Business Office time goals of the Veterans Health Adminis- (A) A review of all the components of Reg- of the Veterans Health Administration shall tration shall be the wait-time goals sub- ular Military Compensation, defined by the oversee the implementation and mainte- mitted by the Secretary under this para- Department of Defense as the following: nance of such system. graph; and (i) Basic pay. ‘‘(3) ACCURACY OF PAYMENT.— ‘‘(B) the Secretary shall publish such wait- (ii) Basic allowance for housing. ‘‘(A) IN GENERAL.—The Secretary shall en- time goals in the Federal Register and on an (iii) Basic allowance for subsistence sure that such system meets such goals for Internet website of the Department available (iv) The tax treatment of pay and allow- accuracy of payment as the Secretary shall to the public. ances. specify for purposes of this section. ‘‘(p) WAIVER OF CERTAIN PRINTING REQUIRE- (B) An analysis of Regular Military Com- ‘‘(B) QUARTERLY REPORT.— MENTS.—Section 501 of title 44 shall not pensation with respect to the following: ‘‘(i) IN GENERAL.—The Secretary shall sub- apply in carrying out this section. (i) Members of the Armed Forces who are mit to the Committee on Veterans’ Affairs of ‘‘(q) AUTHORIZATION OF APPROPRIATIONS.— married to other members. the Senate and the Committee on Veterans’ There is authorized to be appropriated to (ii) Members who reside with other mem- Affairs of the House of Representatives a carry out this section $3,500,000,000. bers. quarterly report on the accuracy of such sys- ‘‘(r) TERMINATION.—The Secretary may not (iii) Members who share accommodations tem. furnish hospital care or medical services to achieve improved financial standards. under this section after January 31, 2019.’’. ‘‘(ii) ELEMENTS.—Each report required by (C) A review of— clause (i) shall include the following: (2) CLERICAL AMENDMENT.—The table of (i) the ability of members to contribute to- ‘‘(I) A description of the goals for accuracy sections at the beginning of chapter 17 of ward military retirement under the modern- for such system specified by the Secretary such title is amended by inserting after the ized military retirement system described in under subparagraph (A). item relating to section 1703 the following paragraph (1)(B), including a review of the ‘‘(II) An assessment of the success of the new item: pay and allowances required to contribute Department in meeting such goals during ‘‘1703A. Veterans Choice Program.’’. under the current Regular Military Com- the quarter covered by the report. (3) SOURCE OF AMOUNTS.—All amounts re- pensation structure and under any proposed ‘‘(iii) DEADLINE.—The Secretary shall sub- quired to carry out section 1703A of title 38, changes to Regular Military Compensation; mit each report required by clause (i) not United States Code, as added by paragraph and later than 20 days after the end of the quar- (1), shall be derived from the appropriations (ii) the adequacy of the modernized system ter covered by the report. account described in section 4003 of the Sur- to contribute to the successful recruitment ‘‘(k) MEDICAL RECORDS.— face Transportation and Veterans Health and retention of individual to and in mili- ‘‘(1) IN GENERAL.—The Secretary shall en- Care Choice Improvement Act of 2015 (Public tary service. sure that any health care provider that fur- Law 114–41; 38 U.S.C. 1701 note). (D) A review of indirect compensation, in- nishes care or services under this section to (b) EFFECTIVE DATE.—The amendments cluding commissary and exchange benefits, an eligible veteran submits to the Depart- made by subsection (a) shall take effect on child care, health care, Servicemembers’

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.048 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3741 Group Life Insurance (SGLI), education ben- ‘‘(ii) the maximum amount determined repairing, and storing the necessary mate- efits, and veterans benefits, and the manner under subparagraph (A) for members in the riel, munitions, and hardware. in which such compensation impacts the member’s pay grade and dependency sta- total military compensation package. tus.’’. SA 4639. Mrs. ERNST (for herself, Mr. (E) A robust analysis of, and a proposal for (2) EFFECTIVE DATE.—The amendment MCCAIN, and Mr. CARDIN) submitted an reform of, the personal statement of military made by paragraph (1) shall take effect on amendment intended to be proposed by compensation issued annually to each mem- the date of the enactment of this Act imme- her to the bill S. 2943, to authorize ap- ber, including its accuracy, its currency with diately after the coming into effect of the propriations for fiscal year 2017 for current and proposed changes to military amendment in section 604(a) of this Act add- military activities of the Department compensation, and a requirement for the ing section 403a of title 37, United States of Defense, for military construction, clear statement of both ‘‘Total Direct Com- Code, to which section 403a the amendment pensation’’ and ‘‘Service-Estimated Indirect made by paragraph (1) relates. and for defense activities of the De- Compensation’’. partment of Energy, to prescribe mili- (F) An assessment of the adequacy of Reg- SA 4638. Mr. KIRK (for himself, Mr. tary personnel strengths for such fiscal ular Military Compensation, the modernized GRASSLEY, Mrs. ERNST, and Mr. DUR- year, and for other purposes; which was military retirement system, and indirect BIN) submitted an amendment intended ordered to lie on the table; as follows: compensation for the recruitment and reten- to be proposed by him to the bill S. On page 308 strike line 16 and insert the tion of the All-Volunteer Force (including following: the readiness and combat effectiveness of the 2943, to authorize appropriations for Force) and for overall military compensa- fiscal year 2017 for military activities complies with the requirements of this sub- tion. of the Department of Defense, for mili- section. (G) A review and assessment of any other tary construction, and for defense ac- ‘‘(4) This subsection does not apply to the matters the Secretary considers appropriate tivities of the Department of Energy, furnishing of athletic footwear to the mem- to produce recommendations on the means to prescribe military personnel bers of the Army, the Navy, the Air Force, or the Marine Corps upon their initial entry by which to best recruit, retain, and reward strengths for such fiscal year, and for the All-Volunteer Force with a competitive into the armed forces, or prohibit the provi- compensation and benefits package. other purposes; which was ordered to sion of a cash allowance to such members for (3) FORM.—The report required by para- lie on the table; as follows: such purpose, if— graph (1) shall be submitted in unclassified At the end of subtitle H of title VIII, add ‘‘(A) the Secretary of Defense determines form, but may include a classified annex. the following: that compliance with paragraph (2) would re- (4) SURVEYS.—Each annual status of forces SEC. 899C. STRATEGY ON REVITALIZING ARMY sult in a sole source contract for procure- survey conducted by the Defense Manpower ORGANIC INDUSTRIAL BASE. ment of athletic footwear for the purpose Data Center (DMDC) after fiscal year 2017 (a) STRATEGY.—Not later than 180 days stated in paragraph (1) because there would shall include questions on the value of the after the date of the enactment of this Act, be limited qualified or approved sources of total military compensation package, in- the Secretary of the Army shall submit to supply for such footwear; or cluding basic allowance for housing, to mem- the congressional defense committees a ‘‘(B) the Secretary of the military depart- bers of the Armed Forces, with such ques- strategy on revitalizing the Army Organic ment concerned determines, with respect to tions designed to determine the following: Industrial Base (OIB). The strategy should members in initial entry and recruit training (A) The value of the total military com- detail the Army’s plan to ensure the long- under the jurisdiction of such Secretary, pensation package to members. term viability of the Army’s Organic Indus- that providing athletic footwear as other- (B) The impact of the current total mili- trial Base. wise required by this subsection would have tary compensation package on the retention (b) ELEMENTS.—The strategy required the potential to cause unnecessary harm and of members, and on the recruitment of indi- under subsection (a) shall include at a min- risk to the safety and wellbeing of members viduals to military service in the All-Volun- imum the following elements: in initial entry training.’’. teer Force. (1) An assessment of Army legacy items After section 604, insert the following: sustained by the Defense Logistics Agency. SA 4640. Ms. CANTWELL submitted SEC. 604A. DELAY IN EFFECTIVE DATE AND IM- (2) A description of the use of the OIB to an amendment intended to be proposed PROVEMENT OF REFORM OF BASIC address Diminishing Manufacturing Sources by her to the bill S. 2943, to authorize ALLOWANCE FOR HOUSING. and Material Shortages. appropriations for fiscal year 2017 for (a) DELAY.— (3) Required critical capabilities across the military activities of the Department (1) IN GENERAL.—Notwithstanding any pro- OIB. vision of section 403a of title 37, United (4) An assessment of infrastructure across of Defense, for military construction, States Code (as added by section 604(a) of the OIB. and for defense activities of the De- this Act), or subsection (p) of section 403 of (5) An assessment of the OIB and private partment of Energy, to prescribe mili- title 37, United States Code (as added by sec- sector manufacturing sources. tary personnel strengths for such fiscal tion 604(b) of this Act), the reform of basic (6) A description of the use of contracting year, and for other purposes; which was allowance for housing provided for in such to meet the OIB requirements. ordered to lie on the table; as follows: section 403a shall take effect on January 1, (7) An assessment of current and future At the end of subtitle I of title X, add the 2019. workloads across the OIB. following: ONSTRUCTION OF CERTAIN DATES (8) An assessment of processes used to (2) C .—Any SEC. 1097. AUTHORIZATION OF CANINE TEAMS reference to ‘‘January 1, 2018’’ in section 403a identify critical capabilities for the Army’s FOR PASSENGER SCREENING BY of title 37, United States Code (as so added), OIB and methods used to determine work- TRANSPORTATION SECURITY AD- or subsection (p) of section 403 of title 37, loads. MINISTRATION. United States Code (as so added), shall be (9) An assessment of exiting labor rates. (a) IN GENERAL.—The Administrator of the deemed to be a reference to ‘‘January 1, (10) A description of required manufac- Transportation Security Administration 2019’’. Any reference to ‘‘December 31, 2017’’ turing skills needed to sustain readiness. may employ 178 passenger screening canine in subsection (m) of such section 403a shall (11) A description of the use of private and teams over the number of such teams in op- be deemed to be a reference to ‘‘December 31, public partnerships. eration as of the date of the enactment of 2018’’. (12) A description of the use of working this Act. (b) INCLUSION OF COST UTILITIES IN DETER- capital funds. (b) AUTHORIZATION OF APPROPRIATIONS.— MINATION OF AMOUNT PAYABLE.— (13) An assessment of operating expenses (1) IN GENERAL.—There are authorized to be (1) INCLUSION.—Subsection (b)(2) of section and the ability to reduce or recover those ex- appropriated to the Transportation Security 403a of title 37, United States Code (as so penses. Administration for fiscal year 2017 $52,000,000 added), is amended by striking subpara- (c) DEFINITIONS.—In this section: to carry out subsection (a). graphs (A) and (B) and inserting the fol- (1) LEGACY ITEMS.—The term ‘‘legacy (2) OFFSET.—The Secretary of Homeland lowing new subparagraphs: items’’ means manufactured items that are Security shall reduce amounts available for ‘‘(A) A maximum amount of the allowance no longer produced by the private sector but fiscal year 2017 for the Office of the Sec- shall be established for each military hous- continue to be used for Department of De- retary of Homeland Security, the Office of ing area, based on the costs of adequate fense weapons systems, excluding informa- the Under Secretary for Management, the housing and utilities in such area, for each tion technology and information systems (as Office of Chief Information Officer, and the pay grade and dependency status. those terms are defined in section 11101 of Office of the Administrator of Transpor- ‘‘(B) The amount of the allowance payable title 40, United States Code). tation Security Administration on a pro rata to a member may not exceed the lesser of— (2) ORGANIC INDUSTRIAL BASE.—The term basis so that the aggregate amount of such ‘‘(i) the actual monthly cost of housing of ‘‘organic industrial base’’ means United reductions is equal to the amount authorized the member plus an amount equal to the es- States military facilities, including arsenals, to be appropriated by paragraph (1). timated average amount paid for utilities in depots, munition plants and centers, and the military housing area concerned during storage sites, that advance a vital national SA 4641. Mrs. SHAHEEN (for herself, the preceding year; or security interest by producing, maintaining, Mr. BURR, and Ms. AYOTTE) submitted

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.052 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3742 CONGRESSIONAL RECORD — SENATE June 9, 2016 an amendment intended to be proposed military activities of the Department (b) TREATMENT AS COMPETITIVE PROCE- by her to the bill S. 2943, to authorize of Defense, for military construction, DURES.—Use of general solicitation competi- appropriations for fiscal year 2017 for and for defense activities of the De- tive procedures for the pilot program under subsection (a) shall be considered, in the case military activities of the Department partment of Energy, to prescribe mili- of the Department of Homeland Security and of Defense, for military construction, tary personnel strengths for such fiscal the General Services Administration, to be and for defense activities of the De- year, and for other purposes; which was use of competitive procedures for purposes partment of Energy, to prescribe mili- ordered to lie on the table; as follows: division C of title 41, United States Code (as tary personnel strengths for such fiscal Strike section 812 and insert the following: defined in section 152 of such title). year, and for other purposes; which was (c) LIMITATION.—The head of an agency SEC. 812. MICRO-PURCHASE THRESHOLD APPLI- may not enter into a contract under the ordered to lie on the table; as follows: CABLE TO GOVERNMENT PROCURE- MENTS. pilot program for an amount in excess of At the end of subtitle E of title XVI, add $10,000,000. (a) DEPARTMENT OF DEFENSE PROCURE- the following: (d) GUIDANCE.—The head of an agency shall MENTS.— SEC. 1667. REPORT ON FEASIBILITY AND ADVIS- issue guidance for the implementation of the ABILITY OF TRANSFERRING EXIST- (1) INCREASED MICRO-PURCHASE THRESH- pilot program under this section within that ING DEVELOPMENTAL CRUISE MIS- OLD.— agency. Such guidance shall be issued in con- SILE DEFENSE PLATFORMS TO MIS- (A) IN GENERAL.—Chapter 137 of title 10, sultation with the Office of Management and SILE DEFENSE AGENCY. United States Code, is amended by adding at Budget and shall be posted for access by the (a) REPORT REQUIRED.—Not later than 180 the end the following new section: public. days after the date of the enactment of this ‘‘§ 2338. Micro-purchase threshold (e) REPORT REQUIRED.— Act, the Secretary of Defense shall submit to (1) IN GENERAL.—Not later than three years the congressional defense committees a re- ‘‘Notwithstanding subsection (a) of section after the date of the enactment of this Act, port that assesses the feasibility and advis- 1902 of title 41, the micro-purchase threshold the head of an agency shall submit to the ability of transferring existing develop- for the Department of Defense for purposes congressional committees specified in para- mental cruise missile defense platforms to of such section is $5,000.’’. graph (3) a report on the activities the agen- the Missile Defense Agency. (B) CLERICAL AMENDMENT.—The table of cy carried out under the pilot program. sections at the beginning of such chapter is (b) LIMITATION ON DEMILITARIZATION.—The (2) ELEMENTS OF REPORT.—Each report Secretary of the Army may not demilitarize amended by adding at the end the following under this subsection shall include the fol- any existing developmental cruise missile new item: lowing: defense platform until the date that is 30 ‘‘2338. Micro-purchase threshold.’’. (A) An assessment of the impact of the days after the submission of the report re- (2) CONFORMING AMENDMENT.—Section pilot program on competition. quired by subsection (a). 1902(a) of title 41, United States Code, is (B) A comparison of acquisition timelines amended by striking ‘‘For purposes’’ and in- for— SA 4642. Mr. BOOKER (for himself, serting ‘‘Except as provided in section 2338 of (i) procurements made using the pilot pro- Mr. NELSON, Mr. SCHUMER, Mr. MENEN- title 10, for purposes’’. gram; and DEZ, and Mr. BLUMENTHAL) submitted (b) OTHER PROCUREMENTS.— (ii) procurements made using other com- an amendment intended to be proposed (1) INCREASE IN THRESHOLD.—Section 1902 of petitive procedures that do not use general by him to the bill S. 2943, to authorize title 41, United States Code, is amended— solicitations. appropriations for fiscal year 2017 for (A) in subsection (a), by striking ‘‘$3,000’’ (C) A recommendation on whether the au- thority for the pilot program should be made military activities of the Department and inserting ‘‘$10,000’’; and (B) in subsections (d) and (e), by striking permanent. of Defense, for military construction, ‘‘not greater than $3,000’’ and inserting ‘‘with (3) SPECIFIED CONGRESSIONAL COMMITTEES.— and for defense activities of the De- a price not greater than the micro-purchase The congressional committees specified in partment of Energy, to prescribe mili- threshold’’. this paragraph are the Committee on Home- tary personnel strengths for such fiscal (c) OMB GUIDANCE.—The Director of the land Security and Governmental Affairs of year, and for other purposes; which was Office of Management and Budget shall up- the Senate and the Committee on Oversight ordered to lie on the table; as follows: date the guidance in Circular A–123, Appen- and Government Reform of the House of Rep- dix B, as appropriate, to ensure that agen- resentatives. At the end of subtitle I of title X, add the cies— (f) INNOVATIVE DEFINED.—In this section, following: (1) follow sound acquisition practices when the term ‘‘innovative’’ means— SEC. 1097. COMPLETION OF OUTSTANDING making purchases using the Government (1) any new technology, process, or meth- TRANSPORTATION SECURITY RE- purchase card; and od, including research and development; or QUIREMENTS. (2) maintain internal controls that reduce (2) any new application of an existing tech- (a) FINDINGS.—Congress finds the fol- the risk of fraud, waste, and abuse in Gov- nology, process, or method. lowing: ernment charge card programs. (g) TERMINATION.—The authority to enter (1) According to the Inspector General of (d) CONVENIENCE CHECKS.—A convenience into a contract under a pilot program under the Department of Homeland Security, the check may not be used for an amount in ex- this section terminates on September 30, Transportation Security Administration’s cess of one half of the micro-purchase 2022. failure to complete certain requirements of threshold under section 1902(a) of title 41, SEC. 829L. INCREASE IN SIMPLIFIED ACQUISI- the Implementing Recommendations of the United States Code, or a lower amount set TION THRESHOLD. 9/11 Commission Act of 2007 (Public Law 110– (a) CIVILIAN CONTRACTS.—Section 134 of by the head of the agency, and use of conven- 53) may diminish the ability of the Transpor- title 41, United States Code, is amended by ience checks shall comply with controls pre- tation Security Agency to strengthen pas- striking ‘‘$100,000’’ and inserting ‘‘$500,000’’. scribed in OMB Circular A–123, Appendix B. senger rail security. (b) DEFENSE CONTRACTS.—Section 2302a(a) At the end of subtitle B of title VIII, add (2) The Inspector General of the Depart- of title 10, United States Code, is amended by the following: ment of Homeland Security— striking ‘‘as specified in section 134 of title (A) recognizes that voluntary initiatives SEC. 829K. PILOT PROGRAMS FOR AUTHORITY TO 41’’ and inserting ‘‘$150,000’’. can assist the Transportation Security Agen- ACQUIRE INNOVATIVE COMMERCIAL (c) HOMELAND SECURITY CONTRACTS.—Sec- ITEMS USING GENERAL SOLICITA- tion 604(f) of the American Recovery and Re- cy in identifying potential security TION COMPETITIVE PROCEDURES. vulnerabilities; and investment Act of 2009 (6 U.S.C. 453b(f)) is (a) AUTHORITY.— (B) recommends completing the require- amended by striking ‘‘the simplified acquisi- (1) IN GENERAL.—The head of an agency tion threshold referred to in section 2304(g) ments of the Implementing Recommenda- may carry out a pilot program, to be known tions of the 9/11 Commission Act of 2007 to of title 10, United States Code’’ and inserting as a ‘‘commercial solutions opening pilot ‘‘$150,000’’. improve passenger rail security. program’’, under which innovative commer- (b) REQUIRED COMPLETION.—Not later than SEC. 829M. INNOVATION SET ASIDE PILOT PRO- cial items may be acquired through a com- GRAM. 6 months after the date of the enactment of petitive selection of proposals resulting from this Act, the Administrator of the Transpor- (a) IN GENERAL.—The Director of the Office a general solicitation and the peer review of of Management and Budget may, in con- tation Security Administration shall, at a such proposals. minimum, complete sections 1512 and 1517 of sultation with the Administrator of the (2) HEAD OF AN AGENCY.—In this section, Small Business Administration, conduct a the Implementing Recommendations of the the term ‘‘head of an agency’’ means the fol- 9/11 Commission Act of 2007 (6 U.S.C. 1162 and pilot program to increase the participation lowing: of new, innovative entities in Federal con- 1167). (A) The Secretary of Homeland Security. tracting through the use of innovation set- (B) The Administrator of General Services. Mr. CARPER submitted an asides. SA 4643. (3) APPLICABILITY OF SECTION.—This section (b) AUTHORITY.—(1) Notwithstanding the amendment intended to be proposed by applies to the following agencies: competition requirements in chapter 33 of him to the bill S. 2943, to authorize ap- (A) The Department of Homeland Security. title 41, United States Code, and the set- propriations for fiscal year 2017 for (B) The General Services Administration. aside requirements in section 15 of the Small

VerDate Sep 11 2014 05:02 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.052 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3743 Business Act (15 U.S.C. 644), a Federal agen- SEC. 829N. OTHER TRANSACTION AUTHORITY ‘‘(B) available to members of the armed cy other than the Department of Defense, FOR DEPARTMENT OF HOMELAND forces (including members of the National with the concurrence of the Director, may SECURITY. Guard and Reserves), veterans, or the de- set aside a contract award to one or more Section 831 of the Homeland Security Act pendents of such members or veterans. new entrant contractors. The Director shall of 2002 (6 U.S.C. 391) is amended— ‘‘(b) ENROLLMENT FORM FOR BENEFITS FOR consult with the Administrator prior to pro- (1) in subsection (a), by striking ‘‘Until MEMBERS OF THE ARMED FORCES.— viding concurrence. September 30, 2016,’’ and inserting ‘‘Until ‘‘(1) IN GENERAL.—The Secretary of De- (2) Notwithstanding any law addressing September 30, 2021,’’; and fense, in consultation with the Director of compliance requirements for Federal con- (2) in subsection (c)(1), by striking ‘‘Sep- the Bureau of Consumer Financial Protec- tracts— tember 30, 2016,’’ and inserting ‘‘September tion, the Secretary of Education, and the (A) except as provided in subparagraph (B), 30, 2021,’’. heads of any other relevant Federal agencies, a contract award to a new entrant con- shall create a simplified disclosure and en- tractor under the pilot program shall be sub- SA 4644. Ms. WARREN submitted an rollment form for borrowers who are per- ject to the same relief afforded under section amendment intended to be proposed by forming military service. 1905 of title 41, United States Code, to con- her to the bill S. 2943, to authorize ap- ‘‘(2) CONTENTS.—The disclosure and enroll- tracts the value of which is not greater than propriations for fiscal year 2017 for ment form described in paragraph (1) shall the simplified acquisition threshold; and military activities of the Department include— (B) for up to five pilots, the Director may of Defense, for military construction, ‘‘(A) information about the benefits and authorize an agency to make an award to a protections under title IV of the Higher Edu- new entrant contractor subject to the same and for defense activities of the De- cation Act of 1965 (20 U.S.C. 1070 et seq.) and compliance requirements that apply to a partment of Energy, to prescribe mili- under the Servicemembers Civil Relief Act contractor receiving an award from the Sec- tary personnel strengths for such fiscal (50 U.S.C. 3901 et seq.) that are available to retary of Defense under section 2371 of title year, and for other purposes; which was such borrower because the borrower is per- 10 United States Code. ordered to lie on the table; as follows: forming military service; and (c) CONDITIONS FOR USE.—The authority At the end of subtitle E of title V, add the ‘‘(B) an opportunity for the borrower, by provided in subsection (b) may be used under following: completing the enrollment form, to invoke the following conditions: certain protections, activate certain bene- (1)(A) The agency has a requirement for SEC. 565. INFORMATION REGARDING EDU- CATIONAL BENEFITS FOR MEMBERS fits, and enroll in certain programs that may new methods, processes, or technologies, OF THE ARMED FORCES. be available to that borrower, which shall in- which may include research and develop- (a) IN GENERAL.—Chapter 101 of title 10, clude the opportunity— ment, or new applications of existing meth- United States Code, as amended by section ‘‘(i) to invoke applicable protections that ods, processes or technologies, to improve 563 of this Act, is further amended by insert- are available under the Servicemembers quality, reduce costs, or both; or ing after section 2012a the following new sec- Civil Relief Act (50 U.S.C. 3901 et seq.), as (B) Based on market research, the agency tion: such protections relate to Federal student has determined that the requirement cannot loans under parts B, D, or E of title IV of the be easily provided through an existing Fed- ‘‘§ 2012b. Information regarding educational Higher Education Act of 1965 (20 U.S.C. 1071 eral contract; benefits for members of the armed forces et seq.; 1087a et seq.; 1087aa et seq.); and (2) The agency intends either to make an ‘‘(a) WEBSITE REGARDING EDUCATIONAL ‘‘(ii) to activate or enroll in any other ap- award to a small business concern or to give BENEFITS FOR MEMBERS OF THE ARMED plicable benefits that are available to such special consideration to a small business FORCES.— borrower under the Higher Education Act of concern before making an award to other ‘‘(1) IN GENERAL.—The Secretary of De- 1965 (20 U.S.C. 1001 et seq.) because the bor- than a small business; and fense, in coordination with the Secretary of rower is performing military service, such as (3) The length of the resulting contract Education, the Secretary of Veterans Af- eligibility for a deferment or eligibility for a will not exceed 2 years. fairs, and the Secretary of Homeland Secu- period during which interest shall not ac- (d) NUMBER OF PILOTS.—The Director may rity, shall create a revised and updated crue. authorize the use of up to 25 innovation set- searchable Internet website that— ‘‘(3) IMPLEMENTATION.—Not later than 1 asides acquisitions. ‘‘(A) contains information, in simple and year after the date of enactment of the Na- (e) AWARD AMOUNT.— understandable terms, about all Federal and tional Defense Authorization Act for Fiscal (1) Except as provided in paragraph (2), the State student financial assistance, readmis- Year 2017, the Secretary of Defense, in con- amount of an award under the pilot program sion requirements under section 484C of the sultation with the Secretary of Education, under this section may not exceed $2,000,000 Higher Education Act of 1965 (20 U.S.C. shall make the disclosure and enrollment (including any options). 1091c), and other student services, for which form described in paragraph (1) available (2) The Director may authorize not more members of the armed forces (including to— than 5 set-asides with an award amount members of the National Guard and Re- ‘‘(A) lenders of loans made, insured, or greater than $2,000,000 but not greater than serves), veterans, and the dependents of such guaranteed under part B of title IV of the $5,000,000 (including any options). members or veterans may be eligible; and Higher Education Act of 1965 (20 U.S.C. 1071 (f) GUIDANCE AND REPORTING.— ‘‘(B) is easily accessible through the Inter- et seq.); (1) The Director shall issue guidance, as necessary, to implement the pilot program net website described in section 131(e)(3) of ‘‘(B) institutions of higher education eligi- under this section. the Higher Education Act of 1965 (20 U.S.C. ble to participate in any program under title (2) Within 3 years after the date of the en- 1015(e)(3)). IV of such Act (20 U.S.C. 1070 et seq.); and actment of this Act, the Director, in con- ‘‘(2) IMPLEMENTATION.—Not later than 1 ‘‘(C) personnel at the Department of Edu- sultation with the Administrator shall sub- year after the date of enactment of the Na- cation, the Bureau of Consumer Financial mit to Congress a report on the pilot pro- tional Defense Authorization Act for Fiscal Protection, and other Federal agencies that gram under this section. The report shall in- Year 2017, the Secretary of Defense shall provide services to borrowers who are mem- clude the following: make publicly available the revised and up- bers of the armed forces or the dependents of (A) The number of awards (or orders under dated Internet website described in para- such members. the Schedule) made under the authority of graph (1). ‘‘(4) NOTICE REQUIREMENTS.— this section. ‘‘(3) DISSEMINATION.—The Secretary of De- ‘‘(A) SCRA INTEREST RATE LIMITATION.— (B) For each award (or order)— fense, in coordination with the Secretary of The completion of the disclosure and enroll- (i) the agency that made the award (or Education and the Secretary of Veterans Af- ment form created pursuant to paragraph (1) order); fairs, shall make the availability of the by the borrower of a loan made, insured, or (ii) the amount of the award (or order); and Internet website described in paragraph (1) guaranteed under part B or part D of title IV (iii) a brief description of the award (or widely known to members of the armed of Higher Education Act of 1965 who is other- order), including the nature of the require- forces (including members of the National wise subject to the interest rate limitation ment and the innovation produced from the Guard and Reserves), veterans, the depend- in subsection (a) of section 207 of the award (or expected if contract performance ents of such members or veterans, States, in- Servicemembers Civil Relief Act (50 U.S.C. is not completed). stitutions of higher education, and the gen- 3937(a)) and submittal of such form to the (g) SUNSET.—The authority to award an in- eral public. Secretary of Defense shall be considered, for novation set-aside under this section shall ‘‘(4) DEFINITION.—In this subsection, the purposes of such section, provision to the terminate on December 31, 2020. term ‘Federal and State student financial as- creditor of written notice as described in (h) DEFINITION.—For purposes of this sec- sistance’ means any grant, loan, work assist- subsection (b)(1) of such section. tion, the term ‘‘new entrant contractor’’, ance, tuition assistance, scholarship, fellow- ‘‘(B) FFEL LENDERS.—The Secretary of De- with respect to any contract under the pro- ship, or other form of financial aid for pur- fense, in consultation with the Secretary of gram, means an entity that has not been suing a postsecondary education that is— Education, shall provide each such disclosure awarded a Federal contract within the 5-year ‘‘(A) administered, sponsored, or supported and enrollment form completed and sub- period ending on the date on which a solici- by the Department of Defense, the Depart- mitted by a borrower of a loan made, in- tation for that contract is issued under the ment of Education, the Department of Vet- sured, or guaranteed under part B of title IV program. erans Affairs, or a State; and of the Higher Education Act of 1965 (20 U.S.C.

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.053 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3744 CONGRESSIONAL RECORD — SENATE June 9, 2016 1071 et seq.) who is otherwise subject to the tional emergency, or contingency operation SEC. 1031. PROHIBITION ON THE INDEFINITE DE- interest rate limitation in subsection (a) of and, if so, the time period of such service; TENTION OF CITIZENS AND LAWFUL section 207 of the Servicemembers Civil Re- and PERMANENT RESIDENTS. lief Act (50 U.S.C. 3937(a)) to any applicable (B) whether a military borrower is receiv- Section 4001 of title 18, United States Code, eligible lender under such part B so as to sat- ing special pay under section 310 of title 37, is amended— isfy the provision to the lender of written United States Code, and if so, the time pe- (1) by striking subsection (a) and inserting notice as described in subsection (b)(1) of riod of such service. the following: such section 207.’’. (b) REPORTS.— ‘‘(a) No citizen or lawful permanent resi- (b) CLERICAL AMENDMENT.—The table of (1) PLAN.—Not later than 60 days after the dent of the United States shall be imprisoned sections at the beginning of chapter 101 of date of enactment of this Act, the Secretary or otherwise detained by the United States such title, as amended by section 563 of this of Defense, in consultation with the Sec- except consistent with the Constitution and Act, is further amended by inserting after retary of Education, shall prepare and sub- pursuant to an Act of Congress that ex- the item relating to section 2012a the fol- mit to the appropriate committees of Con- pressly authorizes such imprisonment or de- lowing new item: gress a report on the implementation of sub- tention.’’; (2) by redesignating subsection (b) as sub- ‘‘2012a. Information regarding educational section (a). section (c); and benefits for members of the (2) FOLLOW-UP REPORT.—If the Secretary of (3) by inserting after subsection (a) the fol- armed forces.’’. Defense has not implemented subsection (a) during the 90-day period beginning on the lowing: SA 4645. Ms. WARREN (for herself date of enactment of this Act, the Secretary ‘‘(b)(1) A general authorization to use mili- tary force, a declaration of war, or any simi- and Mrs. MURRAY) submitted an of Defense, in consultation with the Sec- retary of Education, shall prepare and sub- lar authority, on its own, shall not be con- amendment intended to be proposed by strued to authorize the imprisonment or de- her to the bill S. 2943, to authorize ap- mit, by the final day of such period, a report to the appropriate committees of Congress tention without charge or trial of a citizen propriations for fiscal year 2017 for that includes an explanation of why such or lawful permanent resident of the United military activities of the Department subsection has not been implemented. States apprehended in the United States. ‘‘(2) Paragraph (1) applies to an authoriza- of Defense, for military construction, SEC. 566. IMPLEMENTATION OF SCRA INTEREST tion to use military force, a declaration of and for defense activities of the De- RATE LIMITATION FOR MEMBERS OF partment of Energy, to prescribe mili- THE ARMED FORCES. war, or any similar authority enacted before, on, or after the date of the enactment of the tary personnel strengths for such fiscal (a) IN GENERAL.—The Secretary of Defense shall provide to the Secretary of Education National Defense Authorization Act for Fis- year, and for other purposes; which was and any other relevant agencies the nec- cal Year 2017. ordered to lie on the table; as follows: essary information as to the duty status of ‘‘(3) This section shall not be construed to At the end of subtitle E of title V, add the military borrowers to provide that the inter- authorize the imprisonment or detention of a following: est rate charged on any loan made under citizen of the United States, a lawful perma- SEC. 565. IMPLEMENTATION OF STUDENT LOAN part D of title IV of the Higher Education nent resident of the United States, or any BORROWER BENEFITS FOR MEM- Act of 1965 (20 U.S.C. 1087a et seq.) for bor- other person who is apprehended in the BERS OF THE ARMED FORCES SERV- rowers who are subject to section 207(a)(1) of United States.’’. ING IN A CONFLICT. the Servicemembers Civil Relief Act (50 (a) IN GENERAL.—The Secretary of Defense U.S.C. 3937(a)(1)) does not exceed the max- SA 4647. Mr. SHELBY submitted an shall enter into any necessary agreements, imum interest rate set forth in such section. amendment intended to be proposed by with the Secretary of Education and the (b) SCRA INTEREST RATE LIMITATION NOTICE him to the bill S. 2943, to authorize ap- heads of any other relevant agencies, in REQUIREMENTS.—The submittal by the Sec- propriations for fiscal year 2017 for order to take all actions necessary to— retary of Defense to the Secretary of Edu- military activities of the Department (1) ensure that interest does not accrue for cation of information that informs the Sec- eligible military borrowers in accordance retary of Education that a member of the of Defense, for military construction, with section 455(o) of the Higher Education Armed Forces with a student loan under part and for defense activities of the De- Act of 1965 (20 U.S.C. 1087e(o)), for any loan D of title IV of Higher Education Act of 1965 partment of Energy, to prescribe mili- made under part D of title IV of such Act and (20 U.S.C. 1087a et seq.) has been or is being tary personnel strengths for such fiscal disbursed on or after October 1, 2008; called to military service (as defined in sec- year, and for other purposes; which was (2) ensure that any borrower of such a loan tion 101 of the Servicemembers Civil Relief ordered to lie on the table; as follows: who was an eligible military borrower and Act (50 U.S.C. 3911)), including a member of Strike sections 1036 and 1037 and insert the qualified for the no accrual of interest ben- a reserve unit who is ordered to report for following: efit under such section 455(o) during any pe- military service as provided for under sec- riod beginning on or after October 1, 2008, tion 106 of such Act (50 U.S.C. 3917), shall be SEC. 1036. COMPETITIVE PROCUREMENT AND PHASE OUT OF ROCKET ENGINES and did not receive the full benefit under considered, for purposes of subjecting such student loan to the provisions of section 207 FROM THE RUSSIAN FEDERATION IN such section for which the borrower quali- THE EVOLVED EXPENDABLE fied, is provided compensation in an amount of the Servicemembers Civil Relief Act (50 LAUNCH VEHICLE PROGRAM FOR equal to the amount of interest paid by the U.S.C. 3937), provision by the borrower to the SPACE LAUNCH OF NATIONAL SECU- borrower that would have been subject to the creditor of written notice and a copy of mili- RITY SATELLITES. benefit; tary orders as described in subsection (b)(1) (a) IN GENERAL.—Any competition for a (3) ensure that any borrower who is eligible of such section. contract for the provision of launch services (c) REPORTS.—Not later than 90 days after for a waiver or modification provided by the for the evolved expendable launch vehicle the date of enactment of this Act, the Sec- Secretary of Education under the authority program shall be open for award to all cer- retary of Defense, in consultation with the of section 2(a) of the Higher Education Relief tified providers of evolved expendable launch Secretary of Education, shall prepare and Opportunities for Students Act of 2003 (20 vehicle-class systems. submit to the appropriate committees of U.S.C. 1098bb) is provided such waiver or (b) AWARD OF CONTRACTS.—In awarding a Congress a report that includes a plan to im- modification (including through automatic contract under subsection (a), the Secretary plement the interest rate limitation provi- of Defense— enrollment to the extent practicable and sion described in subsection (a). beneficial to the borrower), including waiv- (1) subject to paragraph (2), shall award the ers from income certifications required contract to the provider of launch services SA 4646. Mrs. FEINSTEIN (for her- that offers the best value to the Federal Gov- under an income-based repayment program self, Mr. LEE, Mr. PAUL, Mr. UDALL, under section 493C of the Higher Education ernment; and Mr. CRUZ, Mr. WHITEHOUSE, Mr. COONS, Act of 1965 (20 U.S.C. 1098e) or other similar (2) notwithstanding any other provision of certifications; Ms. COLLINS, and Mr. HEINRICH) sub- law, may, during the period beginning on the (4) ensure that any borrower with a Fed- mitted an amendment intended to be date of the enactment of this Act and ending eral Perkins Loan under part E of title IV of proposed by her to the bill S. 2943, to on December 31, 2022, award the contract to the Higher Education Act of 1965 (20 U.S.C. authorize appropriations for fiscal year a provider of launch services that intends to 1087aa et seq.) receives a cancellation of the 2017 for military activities of the De- use any certified launch vehicle in its inven- percentage of debt based on years of quali- partment of Defense, for military con- tory without regard to the country of origin of the rocket engine that will be used on fying service in accordance with section struction, and for defense activities of 465(a)(2)(D) of such Act (20 U.S.C. that launch vehicle, in order to ensure ro- the Department of Energy, to prescribe bust competition and continued assured ac- 1087ee(a)(2)(D)); and military personnel strengths for such (5) obtain or provide any information se- cess to space. curely and as necessary to implement this fiscal year, and for other purposes; section without requiring a request from the which was ordered to lie on the table; SA 4648. Mr. REID submitted an borrower, including information regarding— as follows: amendment intended to be proposed by (A) whether a military borrower is serving At the end of subtitle D of title X, add the him to the bill S. 2943, to authorize ap- on active duty in connection with a war, na- following: propriations for fiscal year 2017 for

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.053 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3745 military activities of the Department should not adopt a measure under subsection (A) any State and any agency or instru- of Defense, for military construction, (a) with respect to an entity unless the State mentality thereof; and for defense activities of the De- or local government has made every effort to (B) any local government within a State partment of Energy, to prescribe mili- avoid erroneously targeting the entity and and any agency or instrumentality thereof; has verified that the entity engages in a and tary personnel strengths for such fiscal commerce-related or investment-related (C) any other governmental instrumen- year, and for other purposes; which was boycott, divestment, or sanctions activity tality of a State or locality. ordered to lie on the table; as follows: targeting Israel. SEC. 1283. SAFE HARBOR FOR CHANGES OF IN- At the end, add the following: (c) NOTICE TO DEPARTMENT OF JUSTICE.— VESTMENT POLICIES BY ASSET MAN- This Act shall become effective 3 days Not later than 30 days after adopting a meas- AGERS. after enactment. ure pursuant to subsection (a), a State or Section 13(c)(1) of the Investment Com- local government shall submit written no- pany Act of 1940 (15 U.S.C. 80a–13(c)(1)) is SA 4649. Mr. KIRK (for himself, Mr. tice to the Attorney General describing the amended— MANCHIN, Mr. CARDIN, Mr. SCHUMER, measure. (1) in subparagraph (A), by striking ‘‘; or’’ Mr. PORTMAN, Mr. RUBIO, Ms. MUR- (d) NONPREEMPTION.—A measure of a State and inserting a semicolon; (2) in subparagraph (B), by striking the pe- KOWSKI, Mr. TILLIS, Mr. VITTER, Mr. or local government authorized under sub- section (a) is not preempted by any Federal riod at the end and inserting ‘‘; or’’; and HATCH, Mr. CRUZ, Mr. MENENDEZ, Mr. law. (3) by adding at the end the following: ROBERTS, Mr. CORNYN, Mr. NELSON, Mr. (e) EFFECTIVE DATE.—This section applies ‘‘(C) engage in any boycott, divestment, or WYDEN, and Mr. MARKEY) submitted an to any measure adopted by a State or local sanctions activity targeting Israel described amendment intended to be proposed by government before, on, or after the date of in section 1282 of the Combating BDS Act of him to the bill S. 2943, to authorize ap- the enactment of this Act. 2016.’’. propriations for fiscal year 2017 for (f) RULE OF CONSTRUCTION.— military activities of the Department (1) AUTHORITY OF STATES.—Nothing in this SA 4650. Mr. WYDEN submitted an of Defense, for military construction, section shall be construed to abridge the au- amendment intended to be proposed by and for defense activities of the De- thority of a State to issue and enforce rules him to the bill S. 2943, to authorize ap- partment of Energy, to prescribe mili- governing the safety, soundness, and sol- propriations for fiscal year 2017 for vency of a financial institution subject to its military activities of the Department tary personnel strengths for such fiscal jurisdiction or the business of insurance pur- year, and for other purposes; which was of Defense, for military construction, suant to the Act of March 9, 1945 (59 Stat. 33, and for defense activities of the De- ordered to lie on the table; as follows: chapter 20; 15 U.S.C. 1011 et seq.) (commonly At the end of title XII, add the following: known as the ‘‘McCarran-Ferguson Act’’). partment of Energy, to prescribe mili- tary personnel strengths for such fiscal Subtitle I—Matters Relating to Israel (2) POLICY OF THE UNITED STATES.—Nothing in this section shall be construed to alter the year, and for other purposes; which was SEC. 1281. SHORT TITLE. established policy of the United States con- ordered to lie on the table; as follows: This subtitle may be cited as the ‘‘Com- cerning final status issues associated with bating BDS Act of 2016’’. At the end of subtitle I of title X, add the the Arab-Israeli conflict, including border following: SEC. 1282. AUTHORITY OF STATE AND LOCAL delineation, that can only be resolved SEC. 1097. MODIFICATION OF LIMITATIONS ON GOVERNMENTS TO DIVEST FROM through direct negotiations between the par- ENTITIES THAT ENGAGE IN CERTAIN PROCUREMENT OF PHOTOVOLTAIC BOYCOTT, DIVESTMENT, OR SANC- ties. DEVICES BY THE DEPARTMENT OF TIONS ACTIVITIES TARGETING (g) DEFINITIONS.—In this section: DEFENSE. ISRAEL. (1) ASSETS.— Section 846(b)(2) of the Ike Skelton Na- (a) AUTHORITY TO DIVEST.—Notwith- (A) IN GENERAL.—Except as provided in tional Defense Authorization Act for Fiscal standing any other provision of law, a State subparagraph (B), the term ‘‘assets’’ means Year 2011 (10 U.S.C. 2534 note; Public Law or local government may adopt and enforce any pension, retirement, annuity, or endow- 111–383) is amended— measures that meet the requirements of sub- ment fund, or similar instrument, that is (1) by striking ‘‘exclusive’’ and inserting section (b) to divest the assets of the State controlled by a State or local government. ‘‘principal’’; and or local government from, or prohibit invest- (B) EXCEPTION.—The term ‘‘assets’’ does (2) by striking ‘‘full’’. ment of the assets of the State or local gov- not include employee benefit plans covered ernment in— by title I of the Employee Retirement In- SA 4651. Mr. REID submitted an (1) an entity that the State or local gov- come Security Act of 1974 (29 U.S.C. 1001 et amendment intended to be proposed by ernment determines, using credible informa- seq.). him to the bill S. 2943, to authorize ap- tion available to the public, knowingly en- (2) BOYCOTT, DIVESTMENT, OR SANCTIONS AC- propriations for fiscal year 2017 for gages in a commerce-related or investment- TIVITY TARGETING ISRAEL.—The term ‘‘boy- military activities of the Department related boycott, divestment, or sanctions ac- cott, divestment, or sanctions activity tar- tivity targeting Israel; geting Israel’’ means any activity that is in- of Defense, for military construction, (2) a successor entity or subunit of an enti- tended to penalize, inflict economic harm on, and for defense activities of the De- ty described in paragraph (1); or or otherwise limit commercial relations with partment of Energy, to prescribe mili- (3) an entity that owns or controls, is Israel or persons doing business in Israel or tary personnel strengths for such fiscal owned or controlled by, or is under common in Israeli-controlled territories for purposes year, and for other purposes; which was ownership or control with, an entity de- of coercing political action by, or imposing ordered to lie on the table; as follows: policy positions on, the Government of scribed in paragraph (1). At the end, add the following: (b) REQUIREMENTS.—A State or local gov- Israel. This Act shall be in effect 4 days after en- ernment that seeks to adopt or enforce a (3) ENTITY.—The term ‘‘entity’’ includes— actment. measure under subsection (a) shall meet the (A) any corporation, company, business as- following requirements: sociation, partnership, or trust; and SA 4652. Mr. SCOTT submitted an (1) NOTICE.—The State or local government (B) any governmental entity or instrumen- shall provide written notice to each entity to tality of a government, including a multilat- amendment intended to be proposed by which a measure under subsection (a) is to be eral development institution (as defined in him to the bill S. 2943, to authorize ap- applied. section 1701(c)(3) of the International Finan- propriations for fiscal year 2017 for (2) TIMING.—The measure shall apply to an cial Institutions Act (22 U.S.C. 262r(c)(3))). military activities of the Department entity not earlier than the date that is 90 (4) INVESTMENT.—The term ‘‘investment’’ of Defense, for military construction, days after the date on which written notice includes— and for defense activities of the De- is provided to the entity under paragraph (1). (A) a commitment or contribution of funds partment of Energy, to prescribe mili- (3) OPPORTUNITY FOR HEARING.—The State or property; tary personnel strengths for such fiscal or local government shall provide an oppor- (B) a loan or other extension of credit; and tunity to comment in writing to each entity (C) the entry into or renewal of a contract year, and for other purposes; which was to which a measure is to be applied. If the for goods or services. ordered to lie on the table; as follows: entity demonstrates to the State or local (5) STATE.—The term ‘‘State’’ means each At the end of subtitle F of title V, add the government that the entity has not engaged of the several States, the District of Colum- following: in a commerce-related or investment-related bia, the Commonwealth of Puerto Rico, the SEC. 582. INFORMATION ON MILITARY STUDENT boycott, divestment, or sanctions activity Commonwealth of the Northern Mariana Is- PERFORMANCE. targeting Israel, the measure shall not apply lands, American Samoa, Guam, the United Section 574(b)(3) of the John Warner Na- to the entity. States Virgin Islands, and any other terri- tional Defense Authorization Act for Fiscal (4) SENSE OF CONGRESS ON AVOIDING ERRO- tory or possession of the United States. Year 2007 (20 U.S.C. 7703b note) is amended by NEOUS TARGETING.—It is the sense of Con- (6) STATE OR LOCAL GOVERNMENT.—The adding at the end the following: ‘‘The plan gress that a State or local government term ‘‘State or local government’’ includes— for outreach shall include annual updates of

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.054 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3746 CONGRESSIONAL RECORD — SENATE June 9, 2016 the most recent information, disaggregated (3) the Defense Science Board Study enti- 2017 for military activities of the De- for each State, local educational agency, and tled, ‘‘Task Force on the Assessment of Nu- partment of Defense, for military con- school, available from the State and local re- clear Treaty Monitoring and Verification struction, and for defense activities of port cards required under section Technologies’’; the Department of Energy, to prescribe 1111(h)(1)(C)(ii) of the Elementary and Sec- (4) the report of the International Atomic ondary Education Act of 1965 (20 U.S.C. Energy Agency (in this section referred to as military personnel strengths for such 6311(h)(1)(C)(ii)) regarding— the ‘‘IAEA’’) entitled, ‘‘The Safeguards Sys- fiscal year, and for other purposes; ‘‘(A) the number of public elementary tem of the International Atomic Energy which was ordered to lie on the table; school and secondary school students with a Agency’’ and the IAEA Safeguards State- as follows: parent who is a member of the Armed Forces ment for 2010; At the end, add the following: (as defined in section 101(a)(4) of title 10, (5) the IAEA Safeguards Overview: Com- DIVISION F—VETERANS MATTERS United States Code) on active duty (as de- prehensive Safeguards Agreements and Addi- fined in section 101(d)(5) of such title); and tional Protocols; TITLE LXIV—VETERANS CHOICE ‘‘(B) the achievement by such students for (6) the IAEA Model Additional Protocol; PROGRAM each level of achievement, as determined by (7) the IAEA February 2015 Director Gen- SEC. 6401. ESTABLISHMENT OF VETERANS the State, on the academic assessments de- eral Report to the Board of Governors; and CHOICE PROGRAM. scribed in section 1111(b)(2) of the Elemen- (8) other related reports on Iranian safe- (a) ESTABLISHMENT OF PROGRAM.— tary and Secondary Education Act of 1965 (20 guard challenges. (1) IN GENERAL.—Subchapter I of chapter 17 U.S.C. 6311(b)(2)).’’. (b) RECOMMENDATIONS.—The joint assess- of title 38, United States Code, is amended by ment report required by subsection (a) shall inserting after section 1703 the following new SA 4653. Mr. REID submitted an include recommendations based upon the re- section: amendment intended to be proposed by ports referenced in that subsection, includ- ‘‘§ 1703A. Veterans Choice Program him to the bill S. 2943, to authorize ap- ing recommendations to overcome inadequa- ‘‘(a) PROGRAM.— propriations for fiscal year 2017 for cies or develop an improved monitoring ‘‘(1) FURNISHING OF CARE.—Hospital care military activities of the Department framework and recommendations related to and medical services under this chapter shall of Defense, for military construction, the following matters: be furnished to an eligible veteran described and for defense activities of the De- (1) The nuclear program of Iran. in subsection (b), at the election of such vet- (2) Development of a plan for— partment of Energy, to prescribe mili- eran, through contracts authorized under (A) the long-term operation and funding of subsection (e), or any other law administered tary personnel strengths for such fiscal increased activities of the IAEA and relevant year, and for other purposes; which was by the Secretary, with eligible providers de- agencies in order to maintain the necessary scribed in subsection (c) for the furnishing of ordered to lie on the table; as follows: level of oversight with respect to Iran’s nu- such care and services to veterans. The fur- On page 1, line 1, strike ‘‘4’’ and insert ‘‘3’’. clear program; nishing of hospital care and medical services (B) resolving all issues of past and present under this section may be referred to as the SA 4654. Mr. REID submitted an concern with the IAEA, including possible ‘Veterans Choice Program’. amendment intended to be proposed by military dimensions of Iran’s nuclear pro- ‘‘(2) COORDINATION OF CARE AND SERVICES.— him to the bill S. 2943, to authorize ap- gram; and The Secretary shall coordinate, through the propriations for fiscal year 2017 for (C) giving IAEA inspectors access to per- Non-VA Care Coordination Program of the military activities of the Department sonnel, documents, and facilities involved, at Department, the furnishing of care and serv- any point, with nuclear or nuclear weapons- of Defense, for military construction, ices under this section to eligible veterans, related activities of Iran. including by ensuring that an eligible vet- and for defense activities of the De- (3) A potential national strategy and im- partment of Energy, to prescribe mili- eran receives an appointment for such care plementation plan supported by a planning and services within the wait-time goals of tary personnel strengths for such fiscal and assessment team aimed at cutting across the Veterans Health Administration for the year, and for other purposes; which was agency boundaries or limitations that affect furnishing of hospital care and medical serv- ordered to lie on the table; as follows: the ability to draw conclusions, with abso- ices. On page 1, line 1, strike ‘‘3’’ and insert ‘‘2’’. lute assurance, about whether Iran is devel- ‘‘(b) ELIGIBLE VETERANS.—A veteran is an oping a clandestine nuclear weapons pro- eligible veteran for purposes of this section SA 4655. Mr. VITTER submitted an gram. if— amendment intended to be proposed by (4) The limitations of IAEA actors. ‘‘(1) the veteran is enrolled in the patient him to the bill S. 2943, to authorize ap- (5) Challenges in the region that may be enrollment system of the Department estab- too large to anticipate under applicable trea- lished and operated under section 1705 of this propriations for fiscal year 2017 for ties or agreements or the national technical military activities of the Department title; and means monitoring regimes alone. ‘‘(2)(A) the veteran is unable to schedule an of Defense, for military construction, (6) Continuation of sanctions with respect appointment for the receipt of hospital care and for defense activities of the De- to the Government of Iran and Iranian per- or medical services from a health care pro- partment of Energy, to prescribe mili- sons and Iran’s proxies for— vider of the Department within the lesser tary personnel strengths for such fiscal (A) ongoing abuses of human rights; of— year, and for other purposes; which was (B) actions in support of the regime of ‘‘(i) the wait-time goals of the Veterans ordered to lie on the table; as follows: Bashar al-Assad in Syria; Health Administration for such care or serv- (C) procurement, sale, or transfer of tech- At the end of subtitle D of title XII, add ices; or nology, services, or goods that support the ‘‘(ii) a period determined by a health care the following: development or acquisition of weapons of SEC. 1227. ASSESSMENT OF INADEQUACIES IN provider of the Department to be clinically mass destruction or the means of delivery of necessary for the receipt of such care or INTERNATIONAL MONITORING AND those weapons; and VERIFICATION WITH RESPECT TO services; IRAN’S NUCLEAR PROGRAM. (D) continuing sponsorship of international ‘‘(B) the veteran does not reside within 40 (a) IN GENERAL.—Not later than 180 days terrorism. miles driving distance from a medical facil- after the date of the enactment of this Act, (c) FORM OF REPORT.—The joint assessment ity of the Department, including a commu- the Secretary of State shall, in conjuction report required by subsection (a) shall be nity-based outpatient clinic, with a full-time with the Secretary of Energy and the heads submitted in unclassified form, but may in- primary care physician; and other officials of related agencies, sub- clude a classified annex. ‘‘(C) the veteran— mit to Congress a joint assessment report de- (d) PRESIDENTIAL CERTIFICATION.—Not later ‘‘(i) resides in a State without a medical tailing existing inadequacies in the inter- than 60 days after the joint assessment re- facility of the Department that provides— national monitoring and verification system, port is submitted under subsection (a), the ‘‘(I) hospital care; including the extent to which such inadequa- President shall certify to Congress that the ‘‘(II) emergency medical services; and cies relate to the findings and recommenda- President has reviewed the report, including ‘‘(III) surgical care rated by the Secretary tions pertaining to verification short- the recommendations contained therein, and as having a surgical complexity of standard; comings identified within— has taken available actions to address exist- and (1) the September 26, 2006, Government Ac- ing within the monitoring and ‘‘(ii) does not reside within 20 miles driving countability Office report entitled, ‘‘Nuclear verification framework, including identified distance from a medical facility of the De- Nonproliferation: IAEA Has Strengthened Its potential funding needs to address necessary partment described in clause (i); Safeguards and Nuclear Security Programs, requirements. ‘‘(D) the veteran faces an unusual or exces- but Weaknesses Need to Be Addressed’’; sive burden in accessing hospital care or (2) the May 16, 2013, Government Account- SA 4656. Mr. BLUMENTHAL sub- medical services from a medical facility of ability Office report entitled, ‘‘IAEA Has mitted an amendment intended to be the Department that is within 40 miles driv- Made Progress in Implementing Critical Pro- proposed by him to the bill S. 2943, to ing distance from the residence of the vet- grams but Continues to Face Challenges’’; authorize appropriations for fiscal year eran due to—

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‘‘(i) geographical challenges; ‘‘(B) EXCEPTION.—In developing a tiered United States to a provider of services (as ‘‘(ii) environmental factors, such as roads provider network of eligible providers under defined in section 1861(u) of the Social Secu- that are not accessible to the general public, subparagraph (A), the Secretary may not rity Act (42 U.S.C. 1395x(u))) or a supplier (as traffic, or hazardous weather; prioritize providers in a tier over providers defined in section 1861(d) of such Act (42 ‘‘(iii) a medical condition of the veteran in any other tier in a manner that limits the U.S.C. 1395x(d))) under the Medicare program that affects the ability to travel; or choice of an eligible veteran in selecting an under title XVIII of the Social Security Act ‘‘(iv) such other factors as determined by eligible provider under this section. (42 U.S.C. 1395 et seq.) for the same care or the Secretary; ‘‘(6) ALASKA NATIVE DEFINED.—In this sub- services. ‘‘(E) the veteran resides in a location, section, the term ‘Alaska Native’ means a ‘‘(ii) EXCEPTIONS.— other than a location in Guam, American person who is a member of any Native vil- ‘‘(I) IN GENERAL.—The Secretary may nego- Samoa, or the Republic of the Philippines, lage, Village Corporation, or Regional Cor- tiate a rate that is more than the rate paid that requires the veteran to travel by air, poration, as those terms are defined in sec- by the United States as described in clause boat, or ferry to reach a medical facility of tion 3 of the Alaska Native Claims Settle- (i) with respect to the furnishing of care or the Department, including a community- ment Act (43 U.S.C. 1602). services under this section to an eligible vet- based outpatient clinic; ‘‘(d) ELECTION AND AUTHORIZATION.— eran who resides in a highly rural area. ‘‘(F) the veteran is enrolled in the pilot ‘‘(1) IN GENERAL.—In the case of an eligible ‘‘(II) OTHER EXCEPTIONS.— program under section 403 of the Veterans’ veteran described in subsection (b)(2)(A), the ‘‘(aa) ALASKA.—With respect to furnishing Mental Health and Other Care Improvements Secretary shall, at the election of the vet- care or services under this section in Alaska, Act of 2008 (Public Law 110–387; 38 U.S.C. 1703 eran— the Alaska Fee Schedule of the Department note) as of the date on which such pilot pro- ‘‘(A) provide the veteran an appointment shall be followed, except for when another gram terminates under such section; or that exceeds the wait-time goals described in payment agreement, including a contract or ‘‘(G) there is a compelling reason, as deter- such subsection or place such veteran on an provider agreement, is in place, in which mined by the Secretary, that the veteran electronic waiting list described in para- case rates for reimbursement shall be set needs to receive hospital care or medical graph (2) for an appointment for hospital forth under such payment agreement. services from a medical facility other than a care or medical services the veteran has ‘‘(bb) OTHER STATES.—With respect to care medical facility of the Department. elected to receive under this section; or or services furnished under this section in a ‘‘(B)(i) authorize that such care or services State with an All-Payer Model Agreement in ‘‘(c) ELIGIBLE PROVIDERS.— be furnished to the eligible veteran under effect under the Social Security Act (42 ‘‘(1) IN GENERAL.—A health care provider is this section; and U.S.C. 301 et seq.), the Medicare payment an eligible provider for purposes of this sec- ‘‘(ii) notify the eligible veteran by the rates under clause (i) shall be calculated tion if the health care provider is a health most effective means available, including based on the payment rates under such care provider specified in paragraph (2) and electronic communication or notification in agreement. meets standards established by the Sec- writing, describing the care or services the ‘‘(III) HIGHLY RURAL AREA DEFINED.—In this retary for purposes of this section, including eligible veteran is eligible to receive under clause, the term ‘highly rural area’ means an standards relating to education, certifi- this section. area located in a county that has fewer than cation, licensure, training, and employment ‘‘(2) ELECTRONIC WAITING LIST.—The elec- seven individuals residing in that county per history. tronic waiting list described in this para- square mile. ‘‘(2) HEALTH CARE PROVIDERS SPECIFIED.— graph shall be maintained by the Depart- ‘‘(C) LIMIT ON COLLECTION.—For the fur- The health care providers specified in this ment and allow access by each eligible vet- nishing of care or services pursuant to a con- paragraph are the following: eran via www.myhealth.va.gov or any suc- tract under paragraph (1), an eligible pro- ‘‘(A) Any health care provider that is par- cessor website (or other digital channel) for vider may not collect any amount that is ticipating in the Medicare program under the following purposes: greater than the rate negotiated pursuant to title XVIII of the Social Security Act (42 ‘‘(A) To determine the place of such eligi- subparagraph (A)(i). U.S.C. 1395 et seq.), including any physician ble veteran on the waiting list. ‘‘(D) VALUE-BASED REIMBURSEMENT.—In ne- furnishing services under such program. ‘‘(B) To determine the average length of gotiating rates for the furnishing of care and ‘‘(B) Any health care provider of a Feder- time an individual spends on the waiting services under this section, the Secretary ally-qualified health center (as defined in list, disaggregated by medical facility of the may incorporate the use of value-based reim- section 1905(l)(2)(B) of the Social Security Department and type of care or service need- bursement models to promote the provision Act (42 U.S.C. 1396d(l)(2)(B))). ed, for purposes of allowing such eligible vet- of high-quality care. ‘‘(C) Any health care provider of the De- eran to make an informed election under ‘‘(f) RESPONSIBILITY FOR COSTS OF CERTAIN partment of Defense. paragraph (1). CARE.—In any case in which an eligible vet- ‘‘(D) Any health care provider of the Indian ‘‘(e) CARE AND SERVICES THROUGH CON- eran is furnished hospital care or medical Health Service. TRACTS.— services under this section for a non-service- ‘‘(E) Any health care provider of an aca- ‘‘(1) CONTRACTS.— connected disability described in subsection demic affiliate of the Department of Vet- ‘‘(A) IN GENERAL.—Except as provided in (a)(2) of section 1729 of this title, the Sec- erans Affairs. subparagraph (B), the Secretary shall enter retary may recover or collect reasonable ‘‘(F) Any health care provider of a health into contracts with eligible providers for fur- charges for such care or services from a system established to serve Alaska Natives. nishing care and services to eligible veterans health-plan contract (as defined in sub- ‘‘(G) Any other health care provider that under this section. section (i) of such section 1729) in accordance meets criteria established by the Secretary ‘‘(B) OTHER PROCESSES.—Before entering with such section 1729. for purposes of this section. into a contract under this paragraph, the ‘‘(g) VETERANS CHOICE CARD.— ‘‘(3) CHOICE OF PROVIDER.—An eligible vet- Secretary shall, to the maximum extent ‘‘(1) IN GENERAL.—Except as provided in eran who makes an election under subsection practicable and consistent with the require- paragraph (5), for purposes of receiving care (d) to receive hospital care or medical serv- ments of this section, furnish such care and and services under this section, the Sec- ices under this section may select a provider services to eligible veterans under this sec- retary shall issue to each veteran described of such care or services from among the tion with eligible providers pursuant to shar- in subsection (b)(1) a card that may be pre- health care providers specified in paragraph ing agreements, existing contracts entered sented to a health care provider to facilitate (2) that are accessible to the veteran. into by the Secretary, or other processes the receipt of care or services under this sec- ‘‘(4) ELIGIBILITY.—To be eligible to furnish available at medical facilities of the Depart- tion. care or services under this section, a health ment. ‘‘(2) NAME OF CARD.—Each card issued care provider must— ‘‘(C) CONTRACT DEFINED.—In this para- under paragraph (1) shall be known as a ‘Vet- ‘‘(A) maintain at least the same or similar graph, the term ‘contract’ has the meaning erans Choice Card’. credentials and licenses as those credentials given that term in subpart 2.101 of the Fed- ‘‘(3) DETAILS OF CARD.—Each Veterans and licenses that are required of health care eral Acquisition Regulation. Choice Card issued to a veteran under para- providers of the Department, as determined ‘‘(2) RATES AND REIMBURSEMENT.— graph (1) shall include the following: by the Secretary for purposes of this section; ‘‘(A) IN GENERAL.—In entering into a con- ‘‘(A) The name of the veteran. and tract under paragraph (1) with an eligible ‘‘(B) An identification number for the vet- ‘‘(B) submit, not less frequently than annu- provider, the Secretary shall— eran that is not the social security number ally, verification of such licenses and creden- ‘‘(i) negotiate rates for the furnishing of of the veteran. tials maintained by such health care pro- care and services under this section; and ‘‘(C) The contact information of an appro- vider. ‘‘(ii) reimburse the provider for such care priate office of the Department for health ‘‘(5) TIERED NETWORK.— and services at the rates negotiated under care providers to confirm that care or serv- ‘‘(A) IN GENERAL.—To promote the provi- clause (i) as provided in such contract. ices under this section are authorized for the sion of high-quality and high-value health ‘‘(B) LIMIT ON RATES.— veteran. care under this section, the Secretary may ‘‘(i) IN GENERAL.—Except as provided in ‘‘(D) Contact information and other rel- develop a tiered provider network of eligible clause (ii), and to the extent practicable, evant information for the submittal of providers based on criteria established by rates negotiated under subparagraph (A)(i) claims or bills for the furnishing of care or the Secretary for purposes of this section. shall not be more than the rates paid by the services under this section.

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.061 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3748 CONGRESSIONAL RECORD — SENATE June 9, 2016 ‘‘(E) The following statement: ‘This card is accuracy of payment as the Secretary shall item relating to section 1703 the following for qualifying medical care outside the De- specify for purposes of this section. new item: partment of Veterans Affairs. Please call the ‘‘(B) ANNUAL REPORT.— ‘‘1703A. Veterans Choice Program.’’. Department of Veterans Affairs phone num- ‘‘(i) IN GENERAL.—Not less frequently than (3) CONFORMING REPEAL OF SUPERSEDED AU- ber specified on this card to ensure that annually, the Secretary shall submit to the THORITY.— treatment has been authorized.’. Committee on Veterans’ Affairs of the Sen- (A) IN GENERAL.—Section 101 of the Vet- ‘‘(4) INFORMATION ON USE OF CARD.—Upon ate and the Committee on Veterans’ Affairs erans Access, Choice, and Accountability Act issuing a Veterans Choice Card to a veteran, of the House of Representatives a report on of 2014 (Public Law 113–146; 38 U.S.C. 1701 the Secretary shall provide the veteran with the accuracy of such system. note) is repealed. information clearly stating the cir- ‘‘(ii) ELEMENTS.—Each report required by (B) CONFORMING AMENDMENT.—Section cumstances under which the veteran may be clause (i) shall include the following: 208(1) of such Act is amended by striking eligible for care or services under this sec- ‘‘(I) A description of the goals for accuracy ‘‘section 101’’ and inserting ‘‘section 1703A of tion. for such system specified by the Secretary title 38, United States Code’’. ‘‘(5) PREVIOUS PROGRAM.—A Veterans under subparagraph (A). (C) EFFECTIVE DATE.— Choice Card issued under section 101 of the ‘‘(II) An assessment of the success of the (i) IN GENERAL.—The amendments made by Veterans Access, Choice, and Accountability Department in meeting such goals during this paragraph shall take effect on the date Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 the year covered by the report. on which the Secretary of Veterans Affairs ‘‘(l) DISCLOSURE OF INFORMATION.—For pur- note), as in effect on the day before the date begins implementation of section 1703A of poses of section 7332(b)(1) of this title, an of the enactment of the National Defense title 38, United States Code as added by para- election by an eligible veteran to receive Authorization Act for Fiscal Year 2017, shall graph (1). be sufficient for purposes of receiving care care or services under this section shall (ii) PUBLICATION.—The Secretary shall pub- serve as written consent for the disclosure of and services under this section and the Sec- lish the date specified in clause (i) in the information to health care providers for pur- retary is not required to reissue a Veterans Federal Register and on an publicly avail- Choice Card under paragraph (1) to any vet- poses of treatment under this section. ‘‘(m) MEDICAL RECORDS.— able Internet website of the Department of eran that has such a card issued under such Veterans Affairs not later than 30 days be- section 101. ‘‘(1) IN GENERAL.—The Secretary shall en- sure that any eligible provider that furnishes fore such date. ‘‘(h) INFORMATION ON AVAILABILITY OF (4) REPORT.—Not later than one year after CARE.—The Secretary shall provide informa- care or services under this section to an eli- gible veteran submits to the Department a the date of the enactment of this Act , the tion to a veteran about the availability of Secretary of Veterans Affairs shall submit to care and services under this section in the copy of any medical record related to the care or services provided to such veteran by the Committee on Veterans’ Affairs of the following circumstances: Senate and the Committee on Veterans’ Af- ‘‘(1) When the veteran enrolls in the pa- such provider for inclusion in the electronic medical record of such veteran maintained fairs of the House of Representatives a re- tient enrollment system of the Department port on the furnishing of care and services established and operated under section 1705 by the Department upon the completion of the provision of such care or services to such under section 1703A of title 38, United States of this title. Code, as added by paragraph (1), that in- ‘‘(2) When the veteran attempts to sched- veteran. ‘‘(2) ELECTRONIC FORMAT.—Any medical cludes the following: ule an appointment for the receipt of hos- (A) The total number of veterans who have pital care or medical services from the De- record submitted to the Department under paragraph (1) shall, to the extent possible, be received care or services under this section, partment but is unable to schedule an ap- disaggregated by— pointment within the wait-time goals of the in an electronic format. ‘‘(n) RECORDS NOT REQUIRED FOR REIM- (i) eligible veterans described in subsection Veterans Health Administration for the fur- (b)(2)(A) of such section; nishing of such care or services. BURSEMENT.—With respect to care or services furnished to an eligible veteran by an eligi- (ii) eligible veterans described in sub- ‘‘(3) When the veteran becomes eligible for section (b)(2)(B) of such section; hospital care or medical services under this ble provider under this section, the receipt by the Department of a medical record under (iii) eligible veterans described in sub- section under subparagraph (B), (C), (D), (E), section (b)(2)(C) of such section; (F), or (G) of subsection (b)(2). subsection (m) detailing such care or serv- ices is not required before reimbursing the (iv) eligible veterans described in sub- ‘‘(i) FOLLOW-UP CARE.—The Secretary shall provider for such care or services. section (b)(2)(D) of such section; ensure that, at the election of an eligible ‘‘(o) TRACKING OF MISSED APPOINTMENTS.— (v) eligible veterans described in sub- veteran who receives hospital care or med- The Secretary shall implement a mechanism section (b)(2)(E) of such section; ical services from an eligible provider in an to track any missed appointments for care or (vi) eligible veterans described in sub- episode of care under this section, the vet- services under this section by eligible vet- section (b)(2)(F) of such section; and eran receives such care or services from that erans to ensure that the Department does (vii) eligible veterans described in sub- provider or another health care provider se- not pay for such care or services that were section (b)(2)(G) of such section. lected by the veteran, including a health not furnished to an eligible veteran. (B) A description of the types of care and care provider of the Department, through ‘‘(p) RULE OF CONSTRUCTION.—Nothing in services furnished to veterans under such the completion of the episode of care, includ- this section shall be construed to alter the section. ing all specialty and ancillary services process of the Department for filling and (C) An accounting of the total cost of fur- deemed necessary as part of the treatment paying for prescription medications. nishing care and services to veterans under recommended in the course of such care or ‘‘(q) WAIT-TIME GOALS OF THE VETERANS such section. services. HEALTH ADMINISTRATION.— (D) The results of a survey of veterans who ‘‘(j) COST-SHARING.— ‘‘(1) IN GENERAL.—Except as provided in have received care or services under such ‘‘(1) IN GENERAL.—The Secretary shall re- paragraph (2), in this section, the term ‘wait- section on the satisfaction of such veterans quire an eligible veteran to pay a copayment time goals of the Veterans Health Adminis- with the care or services received by such for the receipt of care or services under this tration’ means not more than 30 days from veterans under such section. section only if such eligible veteran would be the date on which a veteran requests an ap- (E) An assessment of the effect of fur- required to pay a copayment for the receipt pointment for hospital care or medical serv- nishing care and services under such section of such care or services at a medical facility ices from the Department. on wait times for appointments for the re- of the Department or from a health care pro- ‘‘(2) ALTERNATE GOALS.—If the Secretary ceipt of hospital care and medical services vider of the Department under this chapter. submits to Congress a report stating that the from the Department of Veterans Affairs. ‘‘(2) LIMITATION.—The amount of a copay- actual wait-time goals of the Veterans (b) CLASSIFICATION OF SERVICES.—Services ment charged under paragraph (1) may not Health Administration are different from the provided under the following programs, con- exceed the amount of the copayment that wait-time goals specified in paragraph (1)— tracts, and agreements shall be considered would be payable by such eligible veteran for ‘‘(A) for purposes of this section, the wait- services provided under the Veterans Choice the receipt of such care or services at a med- time goals of the Veterans Health Adminis- Program established under section 1703A of ical facility of the Department or from a tration shall be the wait-time goals sub- title 38, United States Code, as added by sub- health care provider of the Department mitted by the Secretary under this para- section (a)(1): under this chapter. graph; and (1) The Patient-Centered Community Care ‘‘(k) CLAIMS PROCESSING SYSTEM.— ‘‘(B) the Secretary shall publish such wait- program (commonly referred to as ‘‘PC3’’). ‘‘(1) IN GENERAL.—The Secretary shall pro- time goals in the Federal Register and on an (2) Contracts through the retail pharmacy vide for an efficient nationwide system for Internet website of the Department available network of the Department. prompt processing and paying of bills or to the public. (3) Veterans Care Agreements under sec- claims for authorized care and services fur- ‘‘(r) WAIVER OF CERTAIN PRINTING REQUIRE- tion 1703C of title 38, United States Code, as nished to eligible veterans under this sec- MENTS.—Section 501 of title 44 shall not added by section 6411(a). tion. apply in carrying out this section.’’. (4) Health care agreements with Federal ‘‘(2) ACCURACY OF PAYMENT.— (2) CLERICAL AMENDMENT.—The table of entities or entities funded by the Federal ‘‘(A) IN GENERAL.—The Secretary shall en- sections at the beginning of chapter 17 of Government, including the Department of sure that such system meets such goals for such title is amended by inserting after the Defense, the Indian Health Service, tribal

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.061 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3749 health programs, Federally-qualified health amended by striking ‘‘to be comprised of’’ ‘‘(B) in the case of claim submitted to the centers (as defined in section 1905(l)(2)(B) of and all that follows and inserting ‘‘to be Secretary in a manner other than electroni- the Social Security Act (42 U.S.C. comprised of discretionary medical services cally, not later than 45 days after receiving 1396d(l)(2)(B))), and academic teaching affili- funding that is designated for hospital care such information or documentation. ates. and medical services furnished at non-De- ‘‘(4) If the Secretary fails to comply with (c) ESTABLISHMENT OF CRITERIA AND STAND- partment facilities’’. the deadlines for payment set forth in this ARDS FOR NON-DEPARTMENT CARE.— (c) VETERANS CHOICE PROGRAM DEFINED.— subsection with respect to a claim, interest (1) IN GENERAL.—Not later than December In this section, the term ‘‘Veterans Choice shall accrue on the amount owed under such 31, 2017, the Secretary of Veterans Affairs Program’’ means— claim in accordance with section 3902 of title shall establish consistent criteria and stand- (1) the program under section 1703A of title 31, United States Code. ards— 38, United States Code, as added by section ‘‘(d) INFORMATION AND DOCUMENTATION RE- (A) for purposes of determining eligibility 6401(a)(1); and QUIRED.—(1) The Secretary shall provide to of non-Department of Veterans Affairs (2) the programs, contracts, and agree- all health care providers participating in the health care providers to provide health care ments of the Department described in sec- Veterans Choice Program a list of informa- under the laws administered by the Sec- tion 6401(b). retary, including standards relating to edu- tion and documentation that is required to SEC. 6403. PAYMENT OF HEALTH CARE PRO- establish a clean claim under this section. cation, certification, licensure, training, and VIDERS UNDER VETERANS CHOICE employment history; and PROGRAM. ‘‘(2) The Secretary shall consult with enti- (B) for the reimbursement of such health (a) PAYMENT OF PROVIDERS.— ties in the health care industry, in the public care providers for care or services provided (1) IN GENERAL.—Subchapter I of chapter 17 and private sector, to determine the infor- under the laws administered by the Sec- of title 38, United States Code, as amended mation and documentation to include in the retary, which to the extent practicable by section 6401(a)(1), is further amended by list under paragraph (1). shall— inserting after section 1703A the following ‘‘(3) If the Secretary modifies the informa- (i) except as provided in clauses (ii) and new section: tion and documentation included in the list (iii), use rates for reimbursement that are under paragraph (1), the Secretary shall no- not more than the rates paid by the United ‘‘§ 1703B. Veterans Choice Program: payment of health care providers tify all health care providers participating in States to a provider of services (as defined in the Veterans Choice Program not later than section 1861(u) of the Social Security Act (42 ‘‘(a) PROMPT PAYMENT COMPLIANCE.—The Secretary shall ensure that payments made 30 days before such modifications take ef- U.S.C. 1395x(u))) under the Medicare program fect. under title XVIII of the Social Security Act to health care providers under the Veterans (42 U.S.C. 1395 et seq.) for the same care or Choice Program comply with chapter 39 of ‘‘(e) DEFINITIONS.—In this section: services; title 31 (commonly referred to as the ‘‘(1) The term ‘clean claim’ means a claim (ii) with respect to care or services pro- ‘Prompt Payment Act’) and the require- for reimbursement for care or services fur- vided in Alaska, use rates for reimbursement ments of this section. If there is a conflict nished under the Veterans Choice Program, set forth in the Alaska Fee Schedule of the between the requirements of the Prompt on a nationally recognized standard format, Department of Veterans Affairs, except for Payment Act and the requirements of this that includes the information and docu- when another payment agreement, including section, the Secretary shall comply with the mentation necessary to adjudicate the a contract or provider agreement, is in place, requirements of this section. claim. in which case use rates for reimbursement ‘‘(b) SUBMITTAL OF CLAIM.—(1) A health ‘‘(2) The term ‘non-clean claim’ means a set forth under such payment agreement; care provider that seeks reimbursement claim for reimbursement for care or services (iii) with respect to care or services pro- under this section for care or services fur- furnished under the Veterans Choice Pro- vided in a State with an All-Payer Model nished under the Veterans Choice Program gram, on a nationally recognized standard Agreement in effect under the Social Secu- shall submit to the Secretary a claim for re- format, that does not include the informa- rity Act (42 U.S.C. 301 et seq.), use rates for imbursement not later than 180 days after tion and documentation necessary to adju- reimbursement based on the payment rates furnishing such care or services. dicate the claim. under such agreement; ‘‘(2) On and after January 1, 2019, the Sec- ‘‘(3) The term ‘Veterans Choice Program’ (iv) incorporate the use of value-based re- retary shall not accept any claim under this means— imbursement models to promote the provi- section that is submitted to the Secretary in ‘‘(A) the program under section 1703A of sion of high-quality care to improve health a manner other than electronically. this title; and outcomes and the experience of care for vet- ‘‘(c) PAYMENT SCHEDULE.—(1) The Sec- ‘‘(B) the programs, contracts, and agree- erans; and retary shall reimburse a health care provider ments of the Department described in sec- (v) be consistent with prompt payment for care or services furnished under the Vet- tion 6401(b) of the National Defense Author- standards required of Federal agencies under erans Choice Program— ization Act for Fiscal Year 2017.’’. chapter 39 of title 31, United States Code. ‘‘(A) in the case of a clean claim submitted (2) CLERICAL AMENDMENT.—The table of (2) INAPPLICABILITY TO CERTAIN CARE.—The to the Secretary electronically, not later sections at the beginning of chapter 17 of criteria and standards established under than 30 days after receiving the claim; or such title, as amended by section 6401(a)(2), paragraph (1) shall not apply to care or serv- ‘‘(B) in the case of a clean claim submitted is further amended by inserting after the ices furnished under section 1703A of title 38, to the Secretary in a manner other than item related to section 1703A the following United States Code, as added by subsection electronically, not later than 45 days after new item: receiving the claim. (a)(1). ‘‘1703B. Veterans Choice Program: payment ‘‘(2)(A) If the Secretary determines that a SEC. 6402. FUNDING FOR VETERANS CHOICE PRO- of health care providers.’’. GRAM. claim received from a health care provider (a) IN GENERAL.—All amounts required to for care or services furnished under the Vet- (b) ELECTRONIC SUBMITTAL OF CLAIMS FOR carry out the Veterans Choice Program shall erans Choice Program is a non-clean claim, REIMBURSEMENT.— be derived from the appropriations account the Secretary shall submit to the provider, (1) PROHIBITION ON ACCEPTANCE OF NON- described in section 4003 of the Surface not later than 30 days after receiving the ELECTRONIC CLAIMS.— Transportation and Veterans Health Care claim— (A) IN GENERAL.—Except as provided in Choice Improvement Act of 2015 (Public Law ‘‘(i) a notification that the claim is a non- subparagraph (B), on and after January 1, 114–41; 38 U.S.C. 1701 note). clean claim; 2019, the Secretary of Veterans Affairs shall (b) TRANSFER OF AMOUNTS.— ‘‘(ii) an explanation of why the claim has not accept any claim for reimbursement (1) IN GENERAL.—All amounts in the Vet- been determined to be a non-clean claim; and under section 1703B of title 38, United States erans Choice Fund under section 802 of the ‘‘(iii) an identification of the information Code, as added by subsection (a), that is sub- Veterans Access, Choice, and Accountability or documentation that is required to make mitted to the Secretary in a manner other Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 the claim a clean claim. than electronically, including medical note) shall be transferred to the appropria- ‘‘(B) If the Secretary does not comply with records in connection with such a claim. tions account described in section 4003 of the the requirements of subparagraph (A) with (B) EXCEPTION.—If the Secretary deter- Surface Transportation and Veterans Health respect to a claim, the claim shall be deemed mines that accepting claims and medical Care Choice Improvement Act of 2015 (Public a clean claim for purposes of paragraph (1). records in a manner other than electroni- Law 114–41; 38 U.S.C. 1701 note). ‘‘(3) Upon receipt by the Secretary of infor- cally is necessary for the timely processing (2) CONFORMING REPEAL.— mation or documentation described in para- of claims for reimbursement under such sec- (A) IN GENERAL.—Section 802 of the Vet- graph (2)(A)(iii) with respect to a claim, the tion 1703B due to a failure or serious mal- erans Access, Choice, and Accountability Act Secretary shall reimburse a health care pro- function of the electronic interface estab- of 2014 (Public Law 113–146; 38 U.S.C. 1701 vider for care or services furnished under the lished under paragraph (2), the Secretary— note) is repealed. Veterans Choice Program— (i) after determining that such a failure or (B) CONFORMING AMENDMENT.—Section 4003 ‘‘(A) in the case of a claim submitted to serious malfunction has occurred, may ac- of the Surface Transportation and Veterans the Secretary electronically, not later than cept claims and medical records in a manner Health Care Choice Improvement Act of 2015 30 days after receiving such information or other than electronically for a period not to (Public Law 114–41; 38 U.S.C. 1701 note) is documentation; or exceed 90 days; and

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.061 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3750 CONGRESSIONAL RECORD — SENATE June 9, 2016 (ii) shall submit to the Committee on Vet- ments’’ means, with respect to the electronic (II) in paragraph (4)(A), in the first sen- erans’ Affairs of the Senate and the Com- interface established under subparagraph tence— mittee on Veterans’ Affairs of the House of (A), activities that are required to be com- (aa) by striking ‘‘and section 1703 of this Representatives a report setting forth— pleted during the system development title’’ and inserting ‘‘and the Veterans (I) the reason for accepting claims and lifecycle of such interface, such as secure Choice Program (as defined in section medical records in a manner other than elec- coding principles and test methodologies. 1703B(e) of this title)’’; and tronically; (3) ANALYSIS OF AVAILABLE TECHNOLOGY FOR (bb) by striking ‘‘in section 1703 of this (II) the duration of time that the Depart- ELECTRONIC INTERFACE.— title’’ and inserting ‘‘under the Veterans ment of Veterans Affairs will accept claims (A) IN GENERAL.—Not later than January 1, Choice Program’’. and medical records in a manner other than 2017, or before entering into a contract to (ii) READJUSTMENT COUNSELING.—Section electronically; and procure or design and build the electronic 1712A(e)(1) of such title is amended by strik- (III) the steps that the Department is tak- interface described in paragraph (2) or mak- ing ‘‘(under sections 1703(a)(2) and ing to resolve such failure or malfunction. ing a decision to internally design and build 1710(a)(1)(B) of this title)’’ and inserting (2) ELECTRONIC INTERFACE.— such electronic interface, whichever occurs ‘‘(under the Veterans Choice Program (as de- (A) IN GENERAL.—Not later than January 1, first, the Secretary shall— fined in section 1703B(e) of this title) and sec- 2019, the Chief Information Officer of the De- (i) conduct an analysis of commercially tion 1710(a)(1)(B) of this title)’’. partment of Veterans Affairs shall establish available technology that may satisfy the re- (iii) DEATH IN DEPARTMENT FACILITY.—Sec- an electronic interface for health care pro- quirements of such electronic interface set tion 2303(a)(2)(B)(i) of such title is amended viders to submit claims for reimbursement forth in such paragraph; and by striking ‘‘in accordance with section under such section 1703B. (ii) submit to the Committee on Veterans’ 1703’’ and inserting ‘‘under the Veterans (B) FUNCTIONS.—The electronic interface Affairs of the Senate and the Committee on Choice Program (as defined in section established under subparagraph (A) shall in- Veterans’ Affairs of the House of Representa- 1703B(e) of this title)’’. clude the following functions: tives a report setting forth such analysis. (iv) MEDICARE PROVIDER AGREEMENTS.— (i) A function through which a health care (B) ELEMENTS.—The report required under Section 1866(a)(1)(L) of the Social Security provider may input all relevant data re- subparagraph (A)(ii) shall include the fol- Act (42 U.S.C. 1395cc(a)(1)(L)) is amended— quired for claims submittal and reimburse- lowing: (I) by striking ‘‘under section 1703 of title ment. (i) An evaluation of commercially avail- 38’’ and inserting ‘‘under the Veterans (ii) A function through which a health care able systems that may satisfy the require- Choice Program (as defined in section provider may upload medical records to ac- ments of paragraph (2). 1703B(e) of title 38, United States Code)’’; and company a claim for reimbursement. (ii) The estimated cost of procuring a com- (II) by striking ‘‘such section’’ and insert- (iii) A function through which a health mercially available system if a suitable com- ing ‘‘such program’’. care provider may ascertain the status of a mercially available system exists. (B) EFFECTIVE DATE.—The amendments pending claim for reimbursement that— (iii) If no suitable commercially available made by subparagraph (A) shall take effect (I) indicates whether the claim is a clean system exists, an assessment of the feasi- on January 1, 2018. claim or a non-clean claim; and bility of modifying a commercially available (b) REPEAL OF AUTHORITY TO CONTRACT FOR (II) in the event that a submitted claim is system to meet the requirements of para- SCARCE MEDICAL SPECIALISTS.— indicated as a non-clean claim, provides— graph (2), including the estimated cost asso- (1) IN GENERAL.—Section 7409 of such title (aa) an explanation of why the claim has ciated with such modifications. is repealed. been determined to be a non-clean claim; and (iv) If no suitable commercially available (2) CLERICAL AMENDMENT.—The table of (bb) an identification of the information or system exists and modifying a commercially sections at the beginning of chapter 74 of documentation that is required to make the available system is not feasible, an assess- such title is amended by striking the item claim a clean claim. ment of the estimated cost and time that relating to section 7409. (iv) A function through which a health would be required to contract with a com- care provider is notified when a claim for re- TITLE LXV—HEALTH CARE mercial entity to design and build an elec- imbursement is accepted or rejected. ADMINISTRATIVE MATTERS tronic interface that meets the requirements (v) Such other features as the Secretary of paragraph (2). Subtitle A—Care From Non-Department considers necessary. (v) If the Secretary determines that the Providers (C) PROTECTION OF INFORMATION.— Department has the capabilities required to SEC. 6411. AUTHORIZATION OF AGREEMENTS BE- (i) IN GENERAL.—The electronic interface design and build an electronic interface that TWEEN THE DEPARTMENT OF VET- established under subparagraph (A) shall be meets the requirements of paragraph (2), an ERANS AFFAIRS AND NON-DEPART- developed and implemented based on indus- assessment of the estimated cost and time MENT PROVIDERS. try-accepted information security and pri- that would be required to design and build (a) IN GENERAL.—Subchapter I of chapter vacy engineering principles and best prac- such electronic interface. 17 of title 38, United States Code, as amended tices and shall provide for the following: by section 6403(a)(1), is further amended by (I) The elicitation, analysis, and (vi) A description of the decision of the Secretary regarding how the Department inserting after section 1703B the following prioritization of functional and nonfunc- new section: tional information security and privacy re- plans to establish the electronic interface re- quirements for such interface, including spe- quired under paragraph (2) and the justifica- ‘‘§ 1703C. Veterans Care Agreements cific security and privacy services and archi- tion of the Secretary for such decision. ‘‘(a) AGREEMENTS TO FURNISH CARE.—(1) In tectural requirements relating to security (4) LIMITATION ON USE OF AMOUNTS.—The addition to the authority of the Secretary and privacy based on a thorough analysis of Secretary may not spend any amounts to under this chapter to furnish hospital care, all reasonably anticipated cyber and procure or design and build the electronic medical services, and extended care at facili- noncyber threats to the security and privacy interface described in paragraph (2) until the ties of the Department and under contracts of electronic protected health information date that is 60 days after the date on which or sharing agreements entered into under au- made available through such interface. the Secretary submits the report required thorities other than this section, the Sec- (II) The elicitation, analysis, and under paragraph (3)(A)(ii). retary may furnish hospital care, medical prioritization of secure development require- SEC. 6404. TERMINATION OF CERTAIN PROVI- services, and extended care through the use ments relating to such interface. SIONS AUTHORIZING CARE TO VET- of agreements entered into under this sec- ERANS THROUGH NON-DEPART- tion. An agreement entered into under this (III) The assurance that the prioritized in- MENT OF VETERANS AFFAIRS PRO- formation security and privacy requirements VIDERS. section may be referred to as a ‘Veterans of such interface— (a) TERMINATION OF AUTHORITY TO CON- Care Agreement’. (aa) are correctly implemented in the de- TRACT FOR CARE IN NON-DEPARTMENT FACILI- ‘‘(2)(A) The Secretary may enter into sign and implementation of such interface TIES.— agreements under this section with eligible throughout the system development (1) IN GENERAL.—Section 1703 of title 38, providers that are certified under subsection lifecycle; and United States Code, is amended by adding at (d) if the Secretary is not feasibly able to (bb) satisfy the information objectives of the end the follow new subsection: furnish care or services described in para- such interface relating to security and pri- ‘‘(e) The authority of the Secretary under graph (1) at facilities of the Department. vacy throughout the system development this section terminates on December 31, ‘‘(B) The Secretary is not feasibly able to lifecycle. 2017.’’. furnish care or services described in para- (ii) DEFINITIONS.—In this subparagraph: (2) CONFORMING AMENDMENTS.— graph (1) at facilities of the Department if (I) ELECTRONIC PROTECTED HEALTH INFOR- (A) IN GENERAL.— the Secretary determines that the medical MATION.—The term ‘‘electronic protected (i) DENTAL CARE.—Section 1712(a) of such condition of the veteran, the travel involved, health information’’ has the meaning given title is amended— the nature of the care or services required, that term in section 160.103 of title 45, Code (I) in paragraph (3), by striking ‘‘under or a combination of those factors make the of Federal Regulations, as in effect on the clause (1), (2), or (5) of section 1703(a) of this use of facilities of the Department impracti- date of the enactment of this Act. title’’ and inserting ‘‘under the Veterans cable or inadvisable. (II) SECURE DEVELOPMENT REQUIREMENTS.— Choice Program (as defined in section ‘‘(b) RECEIPT OF CARE.—Eligibility of a vet- The term ‘‘secure development require- 1703B(e) of this title)’’; and eran under this section for care or services

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.061 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3751 described in paragraph (1) shall be deter- gram under title XVIII of the Social Secu- chase of extended care services is of material mined as if such care or services were fur- rity Act (42 U.S.C. 1395 et seq.). size if the purchase of such services under nished in a facility of the Department and ‘‘(2) To accept payment under paragraph the agreement exceeds $1,000,000 annually. provisions of this title applicable to veterans (1) as payment in full for care or services fur- The Secretary may adjust such amount to receiving such care or services in a facility nished under this section and to not seek account for changes in the cost of health of the Department shall apply to veterans re- any payment for such care or services from care based upon recognized health care mar- ceiving such care or services under this sec- the recipient of such care or services. ket surveys and other available data and tion. ‘‘(3) To furnish under this section only the shall publish any such adjustments in the ‘‘(c) ELIGIBLE PROVIDERS.—For purposes of care or services authorized by the Depart- Federal Register. this section, an eligible provider is one of the ment under this section unless the eligible ‘‘(h) TREATMENT OF CERTAIN LAWS.—(1) An following: provider receives prior written consent from agreement under this section may be entered ‘‘(1) A provider of services that has en- the Department to furnish care or services into without regard to any law that would rolled and entered into a provider agreement outside the scope of such authorization. require the Secretary to use competitive under section 1866(a) of the Social Security ‘‘(4) To bill the Department for care or procedures in selecting the party with which Act (42 U.S.C. 1395cc(a)). services furnished under this section in ac- to enter into the agreement. ‘‘(2)(A) Except as provided in subparagraph ‘‘(2) A physician or supplier that has en- cordance with a methodology established by (B) and unless otherwise provided in this sec- rolled and entered into a participation agree- the Secretary for purposes of this section. tion or regulations prescribed pursuant to ment under section 1842(h) of such Act (42 ‘‘(5) Not to seek to recover or collect from this section, an eligible provider that enters U.S.C. 1395u(h)). a health-plan contract or third party, as into an agreement under this section is not ‘‘(3) A provider of items and services re- those terms are defined in section 1729 of this subject to, in the carrying out of the agree- title, for any care or services for which pay- ceiving payment under a State plan under ment, any law to which an eligible provider ment is made by the Department under this title XIX of such Act (42 U.S.C. 1396 et seq.) described in subsection (b)(1), (b)(2), or (b)(3) section. or a waiver of such a plan. is not subject under the original Medicare ‘‘(6) To provide medical records for vet- ‘‘(4) A health care provider that is— fee-for-service program under parts A and B ‘‘(A) an Aging and Disability Resource erans furnished care or services under this of title XVIII of the Social Security Act (42 Center, an area agency on aging, or a State section to the Department in a time frame U.S.C. 1395 et seq.) or the Medicaid program agency (as defined in section 102 of the Older and format specified by the Secretary for under title XIX of such Act (42 U.S.C. 1396 et Americans Act of 1965 (42 U.S.C. 3002)); or purposes of this section. seq.). ‘‘(B) a center for independent living (as de- ‘‘(7) To meet such other terms and condi- ‘‘(B) The exclusion under subparagraph (A) fined in section 702 of the Rehabilitation Act tions, including quality of care assurance does not apply to laws regarding integrity, of 1973 (29 U.S.C. 796a)). standards, as the Secretary may specify for ethics, fraud, or that subject a person to ‘‘(5) A provider that is located in— purposes of this section. civil or criminal penalties. ‘‘(A) an area that is designated as a health ‘‘(f) TERMINATION OF AGREEMENTS.—(1) An ‘‘(3) Title VII of the Civil Rights Act of 1964 professional shortage area (as defined in sec- eligible provider may terminate an agree- (42 U.S.C. 2000e et seq.) shall apply with re- tion 332 of the Public Health Service Act (42 ment with the Secretary under this section spect to an eligible provider that enters into U.S.C. 254e)); or at such time and upon such notice to the an agreement under this section to the same ‘‘(B) a county that is not in a metropolitan Secretary as the Secretary may specify for extent as such title applies with respect to statistical area. purposes of this section. the eligible provider in providing care or ‘‘(6) Such other health care providers as ‘‘(2) The Secretary may terminate an services through an agreement or arrange- the Secretary considers appropriate for pur- agreement with an eligible provider under ment other than under this section. poses of this section. this section at such time and upon such no- ‘‘(i) MONITORING OF QUALITY OF CARE.—The tice to the eligible provider as the Secretary ‘‘(d) CERTIFICATION OF ELIGIBLE PRO- Secretary shall establish a system or sys- may specify for purposes of this section, if VIDERS.—(1) The Secretary shall establish a tems, consistent with survey and certifi- the Secretary— process for the certification of eligible pro- cation procedures used by the Centers for ‘‘(A) determines that the eligible provider viders under this section that shall, at a Medicare & Medicaid Services and State sur- failed to comply substantially with the pro- minimum, set forth the following. vey agencies to the extent practicable— visions of the agreement or with the provi- ‘‘(A) Procedures for the submittal of appli- ‘‘(1) to monitor the quality of care and sions of this section and the regulations pre- cations for certification and deadlines for ac- services furnished to veterans under this sec- scribed thereunder; tions taken by the Secretary with respect to tion; and ‘‘(B) determines that the eligible provider such applications. ‘‘(2) to assess the quality of care and serv- is— ‘‘(B) Standards and procedures for approval ices furnished by an eligible provider under ‘‘(i) excluded from participation in a Fed- and denial of certification, duration of cer- this section for purposes of determining eral health care program (as defined in sec- tification, revocation of certification, and whether to renew an agreement under this tion 1128B(f) of the Social Security Act (42 recertification. section with the eligible provider. U.S.C. 1320a–7b(f))) under section 1128 or ‘‘(C) Procedures for assessing eligible pro- ‘‘(j) DISPUTE RESOLUTION.—The Secretary 1128A of the Social Security Act (42 U.S.C. viders based on the risk of fraud, waste, and shall establish administrative procedures for 1320a–7 and 1320a–7a); or abuse of such providers similar to the level eligible providers with which the Secretary ‘‘(ii) identified as an excluded source on of screening under section 1866(j)(2)(B) of the has entered into an agreement under this the list maintained in the System for Award Social Security Act (42 U.S.C. 1395cc(j)(2)(B)) section to present any dispute arising under Management, or any successor system; and the standards set forth under section or related to the agreement.’’. ‘‘(C) ascertains that the eligible provider (b) REGULATIONS.—The Secretary of Vet- 9.104 of title 48, Code of Federal Regulations, has been convicted of a felony or other seri- erans Affairs shall prescribe an interim final or any successor regulation. ous offense under Federal or State law and rule to carry out section 1703C of such title, ‘‘(2) The Secretary shall deny or revoke determines that the continued participation as added by subsection (a), not later than certification to an eligible provider under of the eligible provider would be detrimental one year after the date of the enactment of this subsection if the Secretary determines to the best interests of veterans or the De- this Act. that the eligible provider is currently— partment; or (c) CLERICAL AMENDMENT.—The table of ‘‘(A) excluded from participation in a Fed- ‘‘(D) determines that it is reasonable to sections at the beginning of chapter 17 of eral health care program (as defined in sec- terminate the agreement based on the health such title, as amended by section 6403(a)(2), tion 1128B(f) of the Social Security Act (42 care needs of a veteran or veterans. is further amended by inserting after the U.S.C. 1320a–7b(f))) under section 1128 or ‘‘(g) PERIODIC REVIEW OF CERTAIN AGREE- item related to section 1703B the following 1128A of the Social Security Act (42 U.S.C. MENTS.—(1) Not less frequently than once new item: 1320a–7 and 1320a–7a); or every two years, the Secretary shall review ‘‘1703C. Veterans Care Agreements.’’. ‘‘(B) identified as an excluded source on each Veterans Care Agreement of material SEC. 6412. MODIFICATION OF AUTHORITY TO the list maintained in the System for Award size entered into during the two-year period ENTER INTO AGREEMENTS WITH Management, or any successor system. preceding the review to determine whether it STATE HOMES TO PROVIDE NURS- ‘‘(e) TERMS OF AGREEMENTS.—Each agree- is feasible and advisable to furnish the hos- ING HOME CARE. ment entered into with an eligible provider pital care, medical services, or extended care (a) USE OF AGREEMENTS.— under this section shall include provisions furnished under such agreement at facilities (1) IN GENERAL.—Paragraph (1) of section requiring the eligible provider to do the fol- of the Department or through contracts or 1745(a) of title 38, United States Code, is lowing: sharing agreements entered into under au- amended, in the matter preceding subpara- ‘‘(1) To accept payment for care or services thorities other than this section. graph (A), by striking ‘‘a contract (or agree- furnished under this section at rates estab- ‘‘(2)(A) Subject to subparagraph (B), a Vet- ment under section 1720(c)(1) of this title)’’ lished by the Secretary for purposes of this erans Care Agreement is of material size as and inserting ‘‘an agreement’’. section, which shall be, to the extent prac- determined by the Secretary for purposes of (2) PAYMENT.—Paragraph (2) of such sec- ticable, the rates paid by the United States this section. tion is amended by striking ‘‘contract (or for such care or services to providers of serv- ‘‘(B) A Veterans Care Agreement entered agreement)’’ each place it appears and in- ices and suppliers under the Medicare pro- into after September 30, 2016, for the pur- serting ‘‘agreement’’.

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(b) TREATMENT OF CERTAIN LAWS.—Such gent care for which reimbursement is sought Secretary and such facility or provider is ca- section is amended by adding at the end the under this section. pable of accepting such transfer; or following new paragraph: ‘‘(c) RESPONSIBILITY FOR PAYMENT.—The ‘‘(ii) such time as a Department facility or ‘‘(4)(A) An agreement under this section Secretary shall be the primary payer with community care provider authorized by the may be entered into without regard to any respect to reimbursing or otherwise paying Secretary accepts such transfer if— law that would require the Secretary to use the reasonable value of emergency treat- ‘‘(I) at the time the veteran could have competitive procedures in selecting the ment or urgent care under this section. been transferred safely to such a facility or party with which to enter into the agree- ‘‘(d) LIMITATIONS ON PAYMENT.—(1) The provider, no such facility or provider agreed ment. Secretary, in accordance with regulations to accept such transfer; and ‘‘(B)(i) Except as provided in clause (ii) and prescribed by the Secretary for purposes of ‘‘(II) the non-Department facility in which unless otherwise provided in this section or this section, shall— such medical care or services was furnished in regulations prescribed pursuant to this ‘‘(A) establish the maximum amount pay- made and documented reasonable attempts section, a State home that enters into an able under subsection (a); and to transfer the veteran to a Department fa- agreement under this section is not subject ‘‘(B) delineate the circumstances under cility or community care provider. to, in the carrying out of the agreement, any which such payments may be made, includ- ‘‘(2) The term ‘health-plan contract’ in- law to which providers of services and sup- ing such requirements on requesting reim- cludes any of the following: pliers are not subject under the original bursement as the Secretary may establish. ‘‘(A) An insurance policy or contract, med- Medicare fee-for-service program under parts ‘‘(2)(A) Payment by the Secretary under ical or hospital service agreement, member- A and B of title XVIII of the Social Security this section on behalf of a veteran to a pro- ship or subscription contract, or similar ar- Act (42 U.S.C. 1395 et seq.) or the Medicaid vider of emergency treatment or urgent care rangement under which health services for program under title XIX of such Act (42 shall, unless rejected and refunded by the individuals are provided or the expenses of U.S.C. 1396 et seq.). provider within 30 days of receipt— such services are paid. ‘‘(ii) The exclusion under clause (i) does ‘‘(i) constitute payment in full for the ‘‘(B) An insurance program described in not apply to laws regarding integrity, ethics, emergency treatment or urgent care pro- section 1811 of the Social Security Act (42 fraud, or that subject a person to civil or vided; and U.S.C. 1395c) or established by section 1831 of criminal penalties. ‘‘(ii) extinguish any liability on the part of such Act (42 U.S.C. 1395j). ‘‘(C) Title VII of the Civil Rights Act of the veteran for that treatment or care. ‘‘(C) A State plan for medical assistance 1964 (42 U.S.C. 2000e et seq.) shall apply with ‘‘(B) Neither the absence of a contract or approved under title XIX of such Act (42 respect to a State home that enters into an agreement between the Secretary and a pro- U.S.C. 1396 et seq.). agreement under this section to the same ex- vider of emergency treatment or urgent care ‘‘(D) A workers’ compensation law or plan tent as such title applies with respect to the nor any provision of a contract, agreement, described in section 1729(a)(2)(A) of this title. State home in providing care or services or assignment to the contrary shall operate ‘‘(3) The term ‘third party’ means any of through an agreement or arrangement other to modify, limit, or negate the requirements the following: than under this section.’’. of subparagraph (A). ‘‘(A) A Federal entity. (c) EFFECTIVE DATE.— ‘‘(C) An individual or entity may not seek ‘‘(B) A State or political subdivision of a (1) IN GENERAL.—The amendments made by to recover from any third party the cost of State. this section shall apply to agreements en- emergency treatment or urgent care for ‘‘(C) An employer or an employer’s insur- tered into under section 1745 of such title on which the Secretary has made payment ance carrier. and after the date on which the regulations under this section. ‘‘(D) An automobile accident reparations prescribed by the Secretary of Veterans Af- ‘‘(e) RECOVERY.—The United States has an insurance carrier. fairs to implement such amendments take independent right to recover or collect rea- ‘‘(E) A person or entity obligated to pro- effect. sonable charges for emergency treatment or vide, or to pay the expenses of, health serv- (2) PUBLICATION.—The Secretary shall pub- urgent care furnished under this section in ices under a health-plan contract. lish the date described in paragraph (1) in accordance with the provisions of section ‘‘(4) The term ‘urgent care’ shall have the the Federal Register not later than 30 days 1729 of this title. meaning given that term by the Secretary in before such date. ‘‘(f) COPAYMENTS.—(1) Except as provided regulations prescribed by the Secretary for in paragraph (2), a veteran shall pay to the purposes of this section.’’. SEC. 6413. EXPANSION OF REIMBURSEMENT FOR Department a copayment (in an amount pre- (b) CLERICAL AMENDMENT.—The table of EMERGENCY TREATMENT AND UR- GENT CARE. scribed by the Secretary for purposes of this sections at the beginning of chapter 17 is amended by striking the item relating to (a) IN GENERAL.—Section 1725 of title 38, section) for each episode of emergency treat- United States Code, is amended to read as ment or urgent care for which reimburse- section 1725 and inserting the following new item: follows: ment is provided to the veteran under this section. ‘‘1725. Reimbursement for emergency treat- ‘‘§ 1725. Reimbursement for emergency treat- ‘‘(2) The requirement under paragraph (1) ment and urgent care.’’. ment and urgent care to pay a copayment does not apply to a vet- (c) REPEAL OF SUPERSEDED AUTHORITY.— ‘‘(a) IN GENERAL.—(1) Subject to the provi- eran who— (1) IN GENERAL.—Section 1728 is repealed. sions of this section, the Secretary shall re- ‘‘(A) would not be required to pay to the (2) EFFECTIVE DATE.— imburse a veteran described in subsection (b) Department a copayment for emergency (A) IN GENERAL.—The repeal made by para- for the reasonable value of emergency treat- treatment or urgent care furnished at facili- graph (1) shall take effect on the date on ment or urgent care furnished the veteran in ties of the Department; which the Secretary of Veterans Affairs pre- a non-Department facility. ‘‘(B) meets an exemption specified by the scribes regulations to carry out section 1725 ‘‘(2) In any case in which reimbursement of Secretary in regulations prescribed by the of title 38, United States Code, as amended a veteran is authorized under paragraph (1), Secretary for purposes of this section; or by subsection (a). the Secretary may, in lieu of reimbursing ‘‘(C) is admitted to a hospital for treat- (B) PUBLICATION.—The Secretary shall pub- the veteran, make payment of the reasonable ment or observation following, and in con- lish the date specified in subparagraph (A) in value of the furnished emergency treatment nection with, the emergency treatment or the Federal Register and on an publicly or urgent care directly— urgent care for which the veteran is provided available Internet website of the Department ‘‘(A) to the hospital or other health care reimbursement under this section. of Veterans Affairs not later than 30 days be- provider that furnished the treatment or ‘‘(3) The requirement that a veteran pay a fore such date. care; or copayment under this section shall apply (d) CONFORMING AMENDMENTS.— ‘‘(B) to the person or organization that notwithstanding the authority of the Sec- (1) MEDICAL CARE FOR SURVIVORS AND DE- paid for such treatment or care on behalf of retary to offset such a requirement with PENDENTS.—Section 1781(a)(4) is amended by the veteran. amounts recovered from a third party under striking ‘‘(as defined in section 1725(f) of this ‘‘(3) Notwithstanding section 111 of this section 1729 of this title. title)’’ and inserting ‘‘(as defined in section title, reimbursement for the reasonable ‘‘(g) DEFINITIONS.—In this section: 1725(g) of this title)’’. value of emergency treatment or urgent care ‘‘(1) The term ‘emergency treatment’ (2) HEALTH CARE OF FAMILY MEMBERS OF under this section shall include reimburse- means medical care or services furnished, in VETERANS STATIONED AT CAMP LEJEUNE, ment for the reasonable value of transpor- the judgment of the Secretary— NORTH CAROLINA.—Section 1787(b)(3) is tation for such emergency treatment or ur- ‘‘(A) when such care or services are ren- amended by striking ‘‘(as defined in section gent care. dered in a medical emergency of such nature 1725(f) of this title)’’ and inserting ‘‘(as de- ‘‘(b) ELIGIBILITY.—A veteran described in that a prudent layperson reasonably expects fined in section 1725(g) of this title)’’. this subsection is an individual who— that delay in seeking immediate medical at- (e) REGULATIONS.—Not later than 270 days ‘‘(1) is enrolled in the patient enrollment tention would be hazardous to life or health; after the date of the enactment of this Act, system of the Department established and and the Secretary shall prescribe regulations to operated under section 1705 of this title; and ‘‘(B) until— carry out the amendments made by this sec- ‘‘(2) has received care under this chapter ‘‘(i) such time as the veteran can be trans- tion. during the 24-month period preceding the ferred safely to a Department facility or (f) EFFECTIVE DATE.—The amendments furnishing of the emergency treatment or ur- community care provider authorized by the made by this section shall take effect one

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.061 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3753 year after the date of the enactment of this vider or any other entity under subsection (1) by striking ‘‘(a) The hours’’ and insert- Act. (a) regardless of whether the underlying ing ‘‘(a)(1) Except as provided in paragraph SEC. 6414. REQUIREMENT FOR ADVANCE APPRO- medical condition for which the veteran is (2), the hours’’; and PRIATIONS FOR THE VETERANS seeking emergency treatment is in connec- (2) by adding at the end the following new CHOICE PROGRAM ACCOUNT OF tion with a service-connected disability. paragraph: THE DEPARTMENT OF VETERANS ‘‘(2) If the Secretary determines that the ‘‘(2) The Secretary may modify the hours AFFAIRS. underlying medical condition for which the of employment for a physician or physician (a) IN GENERAL.—Section 117(c) of title 38, veteran receives emergency treatment is not assistant appointed in the Administration United States Code, is amended by adding at in connection with a service-connected dis- under any provision of this chapter on a full- the end the following new paragraph: ability, the Secretary shall recoup the cost time basis to be more than or less than 80 ‘‘(7) Veterans Health Administration, Vet- of transportation paid under subsection (a) hours in a biweekly pay period if the total erans Choice Program.’’. in connection with such emergency treat- hours of employment for such employee in a (b) CONFORMING AMENDMENT.—Section ment from any health-plan contract under calendar year are not less than 2,080 hours.’’. 1105(a)(37) of title 31, United States Code, is which the veteran is covered. TITLE LXVI—FAMILY CAREGIVERS amended by adding at the end the following ‘‘(c) TIMING.—Reimbursement under sub- SEC. 6431. EXPANSION OF FAMILY CAREGIVER new subparagraph: section (a) shall be made not later than 30 PROGRAM OF DEPARTMENT OF VET- ‘‘(G) Veterans Health Administration, Vet- days after receiving a request for reimburse- ERANS AFFAIRS. erans Choice Program.’’. ment under such subsection. (a) FAMILY CAREGIVER PROGRAM.— (c) APPLICABILITY.—The amendments made ‘‘(d) DEFINITIONS.—In this section, the (1) EXPANSION OF ELIGIBILITY.— by this section shall apply to fiscal years be- terms ‘emergency treatment’ and ‘health- (A) IN GENERAL.—Subsection (a)(2)(B) of ginning on and after October 1, 2016. plan contract’ have the meanings given section 1720G of title 38, United States Code, SEC. 6415. ANNUAL TRANSFER OF AMOUNTS those terms in section 1725(f) of this title.’’. is amended to read as follows: WITHIN DEPARTMENT OF VETERANS (b) CLERICAL AMENDMENT.—The table of ‘‘(B) for assistance provided under this sub- AFFAIRS TO PAY FOR HEALTH CARE sections at the beginning of chapter 17 of section— FROM NON-DEPARTMENT PRO- ‘‘(i) before the date on which the Secretary VIDERS. such title is amended by inserting after the Section 106 of the Veterans Access, Choice, item related to section 1725 the following submits to Congress a certification that the Department has fully implemented the infor- and Accountability Act of 2014 (Public Law new item: mation technology system required by sec- 113–146; 38 U.S.C. 1701 note) is amended by ‘‘1725A. Reimbursement for emergency med- tion 6432(a) of the National Defense Author- adding at the end the following new sub- ical transportation.’’. ization Act for Fiscal Year 2017, has a serious section: SEC. 6422. REQUIREMENT THAT DEPARTMENT OF injury (including traumatic brain injury, ‘‘(c) ANNUAL TRANSFER OF AMOUNTS.— VETERANS AFFAIRS COLLECT HEALTH-PLAN CONTRACT INFORMA- psychological trauma, or other mental dis- ‘‘(1) IN GENERAL.—At the beginning of each TION FROM VETERANS. order) incurred or aggravated in the line of fiscal year, the Secretary of Veterans Affairs (a) IN GENERAL.—Subchapter I of chapter duty in the active military, naval, or air shall transfer to the Veterans Health Admin- 17 is amended by inserting after section 1705 service on or after September 11, 2001; istration an amount equal to the amount es- the following new section: ‘‘(ii) during the two-year period beginning timated to be required to furnish hospital on the date specified in clause (i), has a seri- care, medical services, and other health care ‘‘§ 1705A. Management of health care: infor- ous injury (including traumatic brain injury, through non-Department of Veterans Affairs mation regarding health-plan contracts psychological trauma, or other mental dis- providers during that fiscal year. ‘‘(a) IN GENERAL.—(1) Any individual who order) incurred or aggravated in the line of ‘‘(2) ADJUSTMENTS.—During a fiscal year, seeks hospital care or medical services under this chapter shall provide to the Secretary duty in the active military, naval, or air the Secretary may make adjustments to the service— amount transferred under paragraph (1) for such current information as the Secretary may require to identify any health-plan con- ‘‘(I) on or before May 7, 1975; or that fiscal year to accommodate any ‘‘(II) on or after September 11, 2001; or variances in demand for hospital care, med- tract under which such individual is covered. ‘‘(2) The information required to be pro- ‘‘(iii) after the date that is two years after ical services, or other health care through the date specified in clause (i), has a serious non-Department providers.’’. vided to the Secretary under paragraph (1) with respect to a health-plan contract shall injury (including traumatic brain injury, SEC. 6416. APPLICABILITY OF DIRECTIVE OF OF- psychological trauma, or other mental dis- FICE OF FEDERAL CONTRACT COM- include, as applicable, the following: ‘‘(A) The name of the entity providing cov- order) incurred or aggravated in the line of PLIANCE PROGRAMS. duty in the active military, naval, or air (a) IN GENERAL.—Directive 2014-01 of the erage under the health-plan contract. service; and’’. Office of Federal Contract Compliance Pro- ‘‘(B) If coverage under the health-plan con- (B) PUBLICATION IN FEDERAL REGISTER.— tract is in the name of an individual other grams of the Department of Labor (effective Not later than 30 days after the date on than the individual required to provide infor- as of May 7, 2014) shall apply to any health which the Secretary of Veterans Affairs sub- mation under this section, the name of the care provider entering into a contract or mits to Congress the certification described policy holder of the health-plan contract. agreement under section 1703A, 1703C, or 1745 in subsection (a)(2)(B)(i) of section 1720G of ‘‘(C) The identification number for the of title 38, United States Code, in the same such title, as amended by subparagraph (A) health-plan contract. manner as such directive applies to sub- of this paragraph, the Secretary shall pub- ‘‘(D) The group code for the health-plan contractors under the TRICARE program. lish the date specified in such subsection in (b) APPLICABILITY PERIOD.—The directive contract. the Federal Register. described in subsection (a), and the morato- ‘‘(b) ACTION TO COLLECT INFORMATION.—The (2) EXPANSION OF NEEDED SERVICES IN ELIGI- rium provided under such directive, shall not Secretary may take such action as the Sec- BILITY CRITERIA.—Subsection (a)(2)(C) of such retary considers appropriate to collect the be altered or rescinded before May 7, 2019. section is amended— (c) TRICARE PROGRAM DEFINED.—In this information required under subsection (a). (A) in clause (ii), by striking ‘‘; or’’ and in- section, the term ‘‘TRICARE program’’ has ‘‘(c) EFFECT ON SERVICES FROM DEPART- serting a semicolon; the meaning given that term in section 1072 MENT.—The Secretary may not deny any (B) by redesignating clause (iii) as clause of title 10, United States Code. services under this chapter to an individual solely due to the fact that the individual (iv); and Subtitle B—Other Health Care (C) by inserting after clause (ii) the fol- Administrative Matters fails to provide information required under subsection (a). lowing new clause (iii): SEC. 6421. REIMBURSEMENT OF CERTAIN ENTI- ‘‘(d) HEALTH-PLAN CONTRACT DEFINED.—In ‘‘(iii) a need for regular or extensive in- TIES FOR EMERGENCY MEDICAL struction or supervision without which the TRANSPORTATION. this section, the term ‘health-plan contract’ has the meaning given that term in section ability of the veteran to function in daily (a) IN GENERAL.—Subchapter III of chapter life would be seriously impaired; or’’. 17 of title 38, United States Code, is amended 1725(g) of this title.’’. (b) CLERICAL AMENDMENT.—The table of (3) EXPANSION OF SERVICES PROVIDED.—Sub- by inserting after section 1725 the following sections at the beginning of chapter 17 of section (a)(3)(A)(ii) of such section is amend- new section: such title is amended by inserting after the ed— ‘‘§ 1725A. Reimbursement of certain entities item relating to section 1705 the following (A) in subclause (IV), by striking ‘‘; and’’ for emergency medical transportation new item: and inserting a semicolon; ‘‘(a) IN GENERAL.—Notwithstanding any ‘‘1705A. Management of health care: informa- (B) in subclause (V), by striking the period other provision of law, the Secretary shall tion regarding health-plan con- at the end and inserting ‘‘; and’’; and reimburse an ambulance provider or any tracts.’’. (C) by adding at the end the following new other entity that provides transportation to subclause: SEC. 6423. MODIFICATION OF HOURS OF EMPLOY- a veteran described in section 1725(b) of this MENT FOR PHYSICIANS AND PHYSI- ‘‘(VI) through the use of contracts with, or title for the purpose of receiving emergency CIAN ASSISTANTS EMPLOYED BY the provision of grants to, public or private treatment at a non-Department facility the THE DEPARTMENT OF VETERANS entities— cost of such transportation. AFFAIRS. ‘‘(aa) financial planning services relating ‘‘(b) SERVICE CONNECTION.—(1) The Sec- Section 7423(a) of title 38, United States to the needs of injured veterans and their retary shall reimburse an ambulance pro- Code, is amended— caregivers; and

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.061 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3754 CONGRESSIONAL RECORD — SENATE June 9, 2016 ‘‘(bb) legal services, including legal advice veteran to function in daily life would be se- title 38, United States Code, as amended by and consultation, relating to the needs of in- riously impaired.’’. section 6431(a)(1) of this Act, solely due to a jured veterans and their caregivers.’’. SEC. 6432. IMPLEMENTATION OF INFORMATION serious injury (including traumatic brain in- (4) MODIFICATION OF STIPEND CALCULA- TECHNOLOGY SYSTEM OF DEPART- jury, psychological trauma, or other mental TION.—Subsection (a)(3)(C) of such section is MENT OF VETERANS AFFAIRS TO AS- disorder) incurred or aggravated in the line amended— SESS AND IMPROVE THE FAMILY of duty in the active military, naval, or air (A) by redesignating clause (iii) as clause CAREGIVER PROGRAM. service before September 11, 2001. (a) IMPLEMENTATION OF NEW SYSTEM.— (iv); and (2) NOTIFICATION BY COMPTROLLER GEN- (1) IN GENERAL.—Not later than December (B) by inserting after clause (ii) the fol- ERAL.—The Comptroller General shall review 31, 2016, the Secretary of Veterans Affairs lowing new clause (iii): the report submitted under paragraph (1) and shall implement an information technology ‘‘(iii) In determining the amount and de- notify the Committee on Veterans’ Affairs of system that fully supports the Program and gree of personal care services provided under the Senate and the Committee on Veterans’ allows for data assessment and comprehen- clause (i) with respect to an eligible veteran Affairs of the House of Representatives with sive monitoring of the Program. whose need for personal care services is respect to the progress of the Secretary in— (2) ELEMENTS OF SYSTEM.—The information based in whole or in part on a need for super- (A) fully implementing the system re- technology system required to be imple- vision or protection under paragraph quired under subsection (a); and mented under paragraph (1) shall include the (2)(C)(ii) or regular or extensive instruction (B) implementing a process for using such following: or supervision under paragraph (2)(C)(iii), system to monitor and assess the Program (A) The ability to easily retrieve data that the Secretary shall take into account the under subsection (c)(1) and modify the Pro- will allow all aspects of the Program (at the following: gram as considered necessary under sub- ‘‘(I) The assessment by the family care- medical center and aggregate levels) and the section (c)(2). giver of the needs and limitations of the vet- workload trends for the Program to be as- (3) FINAL REPORT.— eran. sessed and comprehensively monitored. (A) IN GENERAL.—Not later than December ‘‘(II) The extent to which the veteran can (B) The ability to manage data with re- 31, 2017, the Secretary shall submit to the function safely and independently in the ab- spect to a number of caregivers that is more Committee on Veterans’ Affairs of the Sen- sence of such supervision, protection, or in- than the number of caregivers that the Sec- ate, the Committee on Veterans’ Affairs of struction. retary expects to apply for the Program. the House of Representatives, and the Comp- ‘‘(III) The amount of time required for the (C) The ability to integrate the system troller General a report on the implementa- family caregiver to provide such supervision, with other relevant information technology tion of subsections (a) through (c). protection, or instruction to the veteran.’’. systems of the Veterans Health Administra- (B) ELEMENTS.—The report required by (5) PERIODIC EVALUATION OF NEED FOR CER- tion. subparagraph (A) shall include the following: TAIN SERVICES.—Subsection (a)(3) of such sec- (b) ASSESSMENT OF PROGRAM.—Not later (i) A certification by the Secretary with tion is amended by adding at the end the fol- than 180 days after implementing the system respect to whether the information tech- lowing new subparagraph: described in subsection (a), the Secretary nology system described in subsection (a) ‘‘(D) In providing instruction, preparation, shall, through the Under Secretary for has been implemented. and training under subparagraph (A)(i)(I) and Health, use data from the system and other (ii) A description of how the Secretary has technical support under subparagraph relevant data to conduct an assessment of implemented such system. (A)(i)(II) to each family caregiver who is ap- how key aspects of the Program are struc- (iii) A description of the modifications to proved as a provider of personal care services tured and carried out. for an eligible veteran under paragraph (6), (c) ONGOING MONITORING OF AND MODIFICA- the Program, if any, that were identified and the Secretary shall periodically evaluate the TIONS TO PROGRAM.— implemented under subsection (c)(2). needs of the eligible veteran and the skills of (1) MONITORING.—The Secretary shall use (iv) A description of how the Secretary is the family caregiver of such veteran to de- the system implemented under subsection using such system to monitor the workload termine if additional instruction, prepara- (a) to monitor and assess the workload of the of the Program. (e) DEFINITIONS.—In this section: tion, training, or technical support under Program, including monitoring and assess- (1) ACTIVE MILITARY, NAVAL, OR AIR SERV- those subparagraphs is necessary.’’. ment of data on— ICE.—The term ‘‘active military, naval, or (6) USE OF PRIMARY CARE TEAMS.—Sub- (A) the status of applications, appeals, and air service’’ has the meaning given that term section (a)(5) of such section is amended, in home visits in connection with the Program; in section 101 of title 38, United States Code. the matter preceding subparagraph (A), by and (2) PROGRAM.—The term ‘‘Program’’ means inserting ‘‘(in collaboration with the pri- (B) the use by caregivers participating in the program of comprehensive assistance for mary care team for the eligible veteran to the Program of other support services under family caregivers under section 1720G(a) of the maximum extent practicable)’’ after the Program such as respite care. title 38, United States Code, as amended by ‘‘evaluate’’. (2) MODIFICATIONS.—Based on the moni- section 6431 of this Act. (7) ASSISTANCE FOR FAMILY CAREGIVERS.— toring and assessment conducted under para- Subsection (a) of such section is amended by graph (1), the Secretary shall identify and SEC. 6433. MODIFICATIONS TO ANNUAL EVALUA- TION REPORT ON CAREGIVER PRO- adding at the end the following new para- implement such modifications to the Pro- graph: GRAM OF DEPARTMENT OF VET- gram as the Secretary considers necessary to ERANS AFFAIRS. ‘‘(11)(A) In providing assistance under this ensure the Program is functioning as in- subsection to family caregivers of eligible (a) BARRIERS TO CARE AND SERVICES.—Sub- tended and providing veterans and caregivers paragraph (A)(iv) of section 101(c)(2) of the veterans, the Secretary may enter into con- participating in the Program with services tracts, provider agreements, and memoranda Caregivers and Veterans Omnibus Health in a timely manner. of understanding with Federal agencies, Services Act of 2010 (Public Law 111–163; 38 (d) REPORTS.— States, and private, nonprofit, and other en- U.S.C. 1720G note) is amended by inserting ‘‘, (1) INITIAL REPORT.— tities to provide such assistance to such fam- including a description of any barriers to ac- (A) IN GENERAL.—Not later than 90 days ily caregivers. cessing and receiving care and services under after the date of the enactment of this Act, ‘‘(B) The Secretary may provide assistance such programs’’ before the semicolon. under this paragraph only if such assistance the Secretary shall submit to the Committee (b) SUFFICIENCY OF TRAINING FOR FAMILY is reasonably accessible to the family care- on Veterans’ Affairs of the Senate, the Com- CAREGIVER PROGRAM.—Subparagraph (B) of giver and is substantially equivalent or bet- mittee on Veterans’ Affairs of the House of such section is amended— ter in quality to similar services provided by Representatives, and the Comptroller Gen- (1) in clause (i), by striking ‘‘; and’’ and in- the Department. eral of the United States a report that in- serting a semicolon; ‘‘(C) The Secretary may provide fair com- cludes— (2) in clause (ii), by striking the period at pensation to Federal agencies, States, and (i) the status of the planning, development, the end and inserting ‘‘; and’’; and other entities that provide assistance under and deployment of the system required to be (3) by adding at the end the following new this paragraph.’’. implemented under subsection (a), including clause: (b) MODIFICATION OF DEFINITION OF PER- any changes in the timeline for the imple- ‘‘(iii) an evaluation of the sufficiency and SONAL CARE SERVICES.—Subsection (d)(4) of mentation of the system; and consistency of the training provided to fam- such section is amended— (ii) an assessment of the needs of family ily caregivers under such program in pre- (1) in subparagraph (A), by striking ‘‘inde- caregivers of veterans described in subpara- paring family caregivers to provide care to pendent’’; graph (B), the resources needed for the inclu- veterans under such program.’’. (2) by redesignating subparagraph (B) as sion of such family caregivers in the Pro- SEC. 6434. ADVISORY COMMITTEE ON CAREGIVER subparagraph (D); and gram, and such changes to the Program as POLICY. (3) by inserting after subparagraph (A) the the Secretary considers necessary to ensure (a) ESTABLISHMENT.—There is established following new subparagraphs: the successful expansion of the Program to in the Department of Veterans Affairs an ad- ‘‘(B) Supervision or protection based on include such family caregivers. visory committee on policies relating to symptoms or residuals of neurological or (B) VETERANS DESCRIBED.—Veterans de- caregivers of veterans (in this section re- other impairment or injury. scribed in this subparagraph are veterans ferred to as the ‘‘Committee’’). ‘‘(C) Regular or extensive instruction or who are eligible for the Program under (b) COMPOSITION.—The Committee shall be supervision without which the ability of the clause (ii) or (iii) of section 1720G(a)(2)(B) of composed of the following:

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.061 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3755 (1) A Chair selected by the Secretary of (vi) Such other matters or recommenda- Beach, California, in an amount not to ex- Veterans Affairs. tions as the Chair considers appropriate. ceed $317,300,000. (2) A representative from each of the fol- (2) TRANSMITTAL TO CONGRESS.—Not later (4) Construction of an outpatient clinic, lowing agencies or organizations selected by than 90 days after the receipt of a report administrative space, cemetery, and col- the head of such agency or organization: under paragraph (1), the Secretary shall umbarium in Alameda, California, in an (A) The Department of Veterans Affairs. transmit to the Committee on Veterans’ Af- amount not to exceed $240,200,000. (B) The Department of Defense. fairs of the Senate and the Committee on (5) Realignment of medical facilities in (C) The Department of Health and Human Veterans’ Affairs of the House of Representa- Livermore, California, in an amount not to Services. tives a copy of such report, together with exceed $415,600,000. (D) The Department of Labor. such comments and recommendations con- (6) Construction of a replacement commu- (E) The Centers for Medicare and Medicaid cerning such report as the Secretary con- nity living center in Perry Point, Maryland, Services. siders appropriate. in an amount not to exceed $92,700,000. (3) Not fewer than seven individuals who (e) TERMINATION.—The Committee shall (7) Seismic corrections and other renova- are not employees of the Federal Govern- terminate on December 31, 2022. tions to several buildings and construction ment selected by the Secretary from among SEC. 6435. COMPREHENSIVE STUDY ON SERI- of a specialty care building in American the following individuals: OUSLY INJURED VETERANS AND Lake, Washington, in an amount not to ex- (A) Academic experts in fields relating to THEIR CAREGIVERS. ceed $161,700,000. (a) STUDY REQUIRED.—During the period caregivers. SEC. 6442. AUTHORIZATION OF CERTAIN MAJOR (B) Clinicians. specified in subsection (d), the Secretary of MEDICAL FACILITY LEASES OF THE (C) Caregivers. Veterans Affairs shall provide for the con- DEPARTMENT OF VETERANS AF- (D) Individuals in receipt of caregiver serv- duct by an independent entity of a com- FAIRS. ices. prehensive study on the following: The Secretary of Veterans Affairs may (E) Such other individuals with expertise (1) Veterans who have incurred a serious carry out the following major medical facil- that is relevant to the duties of the Com- injury or illness, including a mental health ity leases at the locations specified and in an mittee as the Secretary considers appro- injury or illness. amount for each lease not to exceed the priate. (2) Individuals who are acting as caregivers amount specified for such location (not in- (c) DUTIES.—The duties of the Committee for veterans. cluding any estimated cancellation costs): are as follows: (b) ELEMENTS.—The comprehensive study (1) For an outpatient clinic, Ann Arbor, (1) To regularly review and recommend required by subsection (a) shall include the Michigan, an amount not to exceed policies of the Department of Veterans Af- following with respect to each veteran in- $17,093,000. fairs relating to caregivers of veterans. cluded in such study: (2) For an outpatient mental health clinic, (2) To examine and advise the implementa- (1) The health of the veteran and, if appli- Birmingham, Alabama, an amount not to ex- tion of such policies. cable, the impact of the caregiver of such ceed $6,971,000. (3) To evaluate the effectiveness of such veteran on the health of such veteran. (3) For an outpatient specialty clinic, Bir- policies. (2) The employment status of the veteran mingham, Alabama, an amount not to ex- (4) To recommend standards of care for and, if applicable, the impact of the care- ceed $10,479,000. caregiver services and respite care services giver of such veteran on the employment (4) For research space, Boston, Massachu- provided to a caregiver or veteran by a non- status of such veteran. setts, an amount not to exceed $5,497,000. profit or private sector entity. (3) The financial status and needs of the (5) For research space, Charleston, South (5) To develop recommendations for legis- veteran. Carolina, an amount not to exceed $6,581,000. lative or administrative action to enhance (4) The use by the veteran of benefits avail- (6) For an outpatient clinic, Daytona the provision of services to caregivers and able to such veteran from the Department of Beach, Florida, an amount not to exceed veterans, including eliminating gaps in such Veterans Affairs. $12,664,000. services and eliminating disparities in eligi- (5) Such other information as the Sec- (7) For Chief Business Office Purchased bility for such services. retary considers appropriate. Care office space, Denver, Colorado, an (6) To make recommendations on coordina- (c) CONTRACT.—The Secretary shall enter amount not to exceed $17,215,000. tion with State and local agencies and rel- into a contract with an appropriate inde- (8) For an outpatient clinic, Gainesville, evant nonprofit organizations on maximizing pendent entity to conduct the study required Florida, an amount not to exceed $4,686,000. the use and effectiveness of resources for by subsection (a). (9) For an outpatient clinic, Hampton caregivers of veterans. (d) PERIOD SPECIFIED.—The period specified Roads, Virginia, an amount not to exceed in this subsection is the one-year period be- (d) REPORTS.— $18,124,000. ginning on the date that is four years after (1) ANNUAL REPORT TO SECRETARY.— (10) For research space, Mission Bay, Cali- the date specified in section 1720G(a)(2)(B)(i) (A) IN GENERAL.—Not later than September fornia, an amount not to exceed $23,454,000. 1, 2017, and not less frequently than annually of title 38, United States Code, as amended (11) For an outpatient clinic, Missoula, thereafter until the termination date speci- by section 6431(a)(1) of this Act. Montana, an amount not to exceed $7,130,000. fied in subsection (e), the Chair of the Com- (e) REPORT.—Not later than 30 days after (12) For an outpatient clinic, Northern Col- mittee shall submit to the Secretary a re- the end of the period specified in subsection orado, Colorado, an amount not to exceed port on policies and services of the Depart- (d), the Secretary shall submit to the Com- $8,776,000. ment of Veterans Affairs relating to care- mittee on Veterans’ Affairs of the Senate (13) For an outpatient clinic, Ocala, Flor- givers of veterans. and the Committee on Veterans’ Affairs of ida, an amount not to exceed $5,279,000. the House of Representatives a report on the (B) ELEMENTS.—Each report required by (14) For an outpatient clinic, Oxnard, Cali- subparagraph (A) shall include the following: results of the study required by subsection fornia, an amount not to exceed $6,297,000. (i) An assessment of the policies of the De- (a). (15) For an outpatient clinic, Pike County, partment relating to caregivers of veterans TITLE LXVII—FACILITY CONSTRUCTION Georgia, an amount not to exceed $5,757,000. and services provided pursuant to such poli- AND LEASES (16) For an outpatient clinic, Portland, cies as of the date of the submittal of the re- Subtitle A—Medical Facility Construction Maine, an amount not to exceed $6,846,000. port. and Leases (17) For an outpatient clinic, Raleigh, (ii) A description of any recommendations SEC. 6441. AUTHORIZATION OF CERTAIN MAJOR North Carolina, an amount not to exceed made by the Committee to improve the co- MEDICAL FACILITY PROJECTS OF $21,607,000. ordination of services for caregivers of vet- THE DEPARTMENT OF VETERANS (18) For an outpatient clinic, Santa Rosa, erans between the Department and the enti- AFFAIRS. California, an amount not to exceed ties specified in subparagraphs (B) through The Secretary of Veterans Affairs may $6,498,000. (E) of subsection (b)(2) and to eliminate bar- carry out the following major medical facil- (19) For a replacement outpatient clinic, riers to the effective use of such services, in- ity projects, with each project to be carried Corpus Christi, , an amount not to ex- cluding with respect to eligibility criteria. out in an amount not to exceed the amount ceed $7,452,000. (iii) An evaluation of the effectiveness of specified for that project: (20) For a replacement outpatient clinic, the Department in providing services for (1) Seismic corrections to buildings, in- Jacksonville, Florida, an amount not to ex- caregivers of veterans. cluding retrofitting and replacement of high- ceed $18,136,000. (iv) An evaluation of the quality and suffi- risk buildings, in San Francisco, California, (21) For a replacement outpatient clinic, ciency of services for caregivers of veterans in an amount not to exceed $317,300,000. Pontiac, Michigan, an amount not to exceed available from nongovernmental organiza- (2) Seismic corrections to facilities, includ- $4,532,000. tions. ing facilities to support homeless veterans, (22) For a replacement outpatient clinic, (v) A description of any gaps identified by at the medical center in West Los Angeles, phase II, Rochester, New York, an amount the Committee in care or services provided California, in an amount not to exceed not to exceed $6,901,000. by caregivers to veterans and recommenda- $370,800,000. (23) For a replacement outpatient clinic, tions for legislative or administrative action (3) Seismic corrections to the mental Tampa, Florida, an amount not to exceed to address such gaps. health and community living center in Long $10,568,000.

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.061 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3756 CONGRESSIONAL RECORD — SENATE June 9, 2016 (24) For a replacement outpatient clinic, (A) the lease is consistent with the master simple title to any real property or improve- Terre Haute, Indiana, an amount not to ex- plan described in subsection (g); ments to real property made at the Campus. ceed $4,475,000. (B) the provision of services to veterans is (g) CONSISTENCY WITH MASTER PLAN.—The SEC. 6443. AUTHORIZATION OF APPROPRIATIONS. the predominant focus of the activities of Secretary shall ensure that each lease car- (a) AUTHORIZATION OF APPROPRIATIONS FOR The Regents at the Campus during the term ried out under this section is consistent with CONSTRUCTION.—There is authorized to be ap- of the lease; the draft master plan approved by the Sec- propriated to the Secretary of Veterans Af- (C) The Regents expressly agrees to pro- retary on January 28, 2016, or successor mas- fairs for fiscal year 2016 or the year in which vide, during the term of the lease and to an ter plans. funds are appropriated for the Construction, extent and in a manner that the Secretary (h) COMPLIANCE WITH CERTAIN LAWS.— Major Projects, account $1,915,600,000 for the considers appropriate, additional services (1) LAWS RELATING TO LEASES AND LAND projects authorized in section 6441. and support (for which The Regents is not USE.—If the Inspector General of the Depart- (b) AUTHORIZATION OF APPROPRIATIONS FOR compensated by the Secretary or through an ment of Veterans Affairs determines, as part MEDICAL FACILITY LEASES.—There is author- existing medical affiliation agreement) of an audit report or evaluation conducted ized to be appropriated to the Secretary of that— by the Inspector General, that the Depart- Veterans Affairs for fiscal year 2016 or the (i) principally benefit veterans and their ment is not in compliance with all Federal year in which funds are appropriated for the families, including veterans who are severely laws relating to leases and land use at the Medical Facilities account $190,954,000 for the disabled, women, aging, or homeless; and Campus, or that significant mismanagement leases authorized in section 6442. (ii) may consist of activities relating to has occurred with respect to leases or land (c) LIMITATION.—The projects authorized in the medical, clinical, therapeutic, dietary, section 6431 may only be carried out using— use at the Campus, the Secretary may not rehabilitative, legal, mental, spiritual, phys- (1) funds appropriated for fiscal year 2016 enter into any lease or land-sharing agree- ical, recreational, research, and counseling pursuant to the authorization of appropria- ment at the Campus, or renew any such lease needs of veterans and their families or any of tions in subsection (b); or land-sharing agreement that is not in the purposes specified in any of subpara- (2) funds available for Construction, Major compliance with such laws, until the Sec- graphs (A) through (I) of paragraph (2); and Projects, for a fiscal year before fiscal year retary certifies to the Committee on Vet- (D) The Regents maintains records docu- 2016 that remain available for obligation; erans’ Affairs of the Senate, the Committee menting the value of the additional services (3) funds available for Construction, Major on Veterans’ Affairs of the House of Rep- and support that The Regents provides pur- Projects, for a fiscal year after fiscal year resentatives, and each Member of the Senate suant to subparagraph (C) for the duration of 2016 that remain available for obligation; and the House of Representatives who rep- the lease and makes such records available (4) funds appropriated for Construction, resents the area in which the Campus is lo- to the Secretary. Major Projects, for fiscal year 2016 for a cat- cated that all recommendations included in (c) LIMITATION ON LAND-SHARING AGREE- egory of activity not specific to a project; the audit report or evaluation have been im- MENTS.—The Secretary may not carry out (5) funds appropriated for Construction, plemented. any land-sharing agreement pursuant to sec- Major Projects, for a fiscal year before fiscal (2) COMPLIANCE OF PARTICULAR LEASES.— tion 8153 of title 38, United States Code, at year 2016 for a category of activity not spe- Except as otherwise expressly provided by the Campus unless such agreement— cific to a project; and this section, no lease may be entered into or (1) provides additional health-care re- (6) funds appropriated for Construction, renewed under this section unless the lease sources to the Campus; and Major Projects, for a fiscal year after fiscal complies with chapter 33 of title 41, United (2) benefits veterans and their families year 2016 for a category of activity not spe- States Code, and all Federal laws relating to other than from the generation of revenue cific to a project. environmental and historic preservation. for the Department of Veterans Affairs. (i) COMMUNITY VETERANS ENGAGEMENT Subtitle B—Leases at Department of (d) REVENUES FROM LEASES AT THE CAM- BOARD.— Veterans Affairs West Los Angeles Campus PUS.—Any funds received by the Secretary (1) IN GENERAL.—Not later than 180 days SEC. 6451. AUTHORITY TO ENTER INTO CERTAIN under a lease described in subsection (b) after the date of the enactment of this Act, LEASES AT THE DEPARTMENT OF shall be credited to the applicable Depart- the Secretary shall establish a Community VETERANS AFFAIRS WEST LOS AN- GELES CAMPUS. ment medical facilities account and shall be Veterans Engagement Board (in this sub- (a) IN GENERAL.—The Secretary of Vet- available, without fiscal year limitation and section referred to as the ‘‘Board’’) for the erans Affairs may carry out leases described without further appropriation, exclusively Campus to coordinate locally with the De- in subsection (b) at the Department of Vet- for the renovation and maintenance of the partment of Veterans Affairs to— erans Affairs West Los Angeles Campus in land and facilities at the Campus. (A) identify the goals of the community; Los Angeles, California (hereinafter in this (e) EASEMENTS.— and section referred to as the ‘‘Campus’’). (1) IN GENERAL.—Notwithstanding any (B) provide advice and recommendations to (b) LEASES DESCRIBED.—Leases described in other provision of law (other than Federal the Secretary to improve services and out- this subsection are the following: laws relating to environmental and historic comes for veterans, members of the Armed (1) Any enhanced-use lease of real property preservation), pursuant to section 8124 of Forces, and the families of such veterans and under subchapter V of chapter 81 of title 38, title 38, United States Code, the Secretary members. United States Code, for purposes of providing may grant easements or rights-of-way on, (2) MEMBERS.—The Board shall be com- supportive housing, as that term is defined above, or under lands at the Campus to— prised of a number of members that the Sec- in section 8161(3) of such title, that prin- (A) any local or regional public transpor- retary determines appropriate, of which not cipally benefit veterans and their families. tation authority to access, construct, use, less than 50 percent shall be veterans. The (2) Any lease of real property for a term operate, maintain, repair, or reconstruct nonveteran members shall be family mem- not to exceed 50 years to a third party to public mass transit facilities, including, bers of veterans, veteran advocates, service provide services that principally benefit vet- fixed guideway facilities and transportation providers, or stakeholders. erans and their families and that are limited centers; and (3) COMMUNITY INPUT.—In carrying out sub- to one or more of the following purposes: (B) the State of California, County of Los paragraphs (A) and (B) of paragraph (1), the (A) The promotion of health and wellness, Angeles, City of Los Angeles, or any agency Board shall— including nutrition and spiritual wellness. or political subdivision thereof, or any pub- (A) provide the community opportunities (B) Education. lic utility company (including any company to collaborate and communicate with the (C) Vocational training, skills building, or providing electricity, gas, water, sewage, or Board, including by conducting public fo- other training related to employment. telecommunication services to the public) rums on the Campus; and (D) Peer activities, socialization, or phys- for the purpose of providing such public util- (B) focus on local issues regarding the De- ical recreation. ities. partment that are identified by the commu- (E) Assistance with legal issues and Fed- (2) IMPROVEMENTS.—Any improvements nity, including with respect to health care, eral benefits. proposed pursuant to an easement or right- benefits, and memorial services at the Cam- (F) Volunteerism. of-way authorized under paragraph (1) shall pus. (G) Family support services, including be subject to such terms and conditions as (j) NOTIFICATION AND REPORTS.— child care. the Secretary considers appropriate. (1) CONGRESSIONAL NOTIFICATION.—With re- (H) Transportation. (3) TERMINATION.—Any easement or right- spect to each lease or land-sharing agree- (I) Services in support of one or more of of-way authorized under paragraph (1) shall ment intended to be entered into or renewed the purposes specified in subparagraphs (A) be terminated upon the abandonment or non- at the Campus, the Secretary shall notify through (H). use of the easement or right-of-way and all the Committee on Veterans’ Affairs of the (3) A lease of real property for a term not right, title, and interest in the land covered Senate, the Committee on Veterans’ Affairs to exceed 10 years to The Regents of the Uni- by the easement or right-of-way shall revert of the House of Representatives, and each versity of California, a corporation organized to the United States. Member of the Senate and the House of Rep- under the laws of the State of California, on (f) PROHIBITION ON SALE OF PROPERTY.— resentatives who represents the area in behalf of its University of California, Los Notwithstanding section 8164 of title 38, which the Campus is located of the intent of Angeles (UCLA) campus (hereinafter in this United States Code, the Secretary may not the Secretary to enter into or renew the section referred to as ‘‘The Regents’’), if— sell or otherwise convey to a third party fee lease or land-sharing agreement not later

VerDate Sep 11 2014 03:53 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.061 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3757 than 45 days before entering into or renewing TITLE LXVIII—OTHER VETERANS tary personnel strengths for such fiscal the lease or land-sharing agreement. MATTERS year, and for other purposes; which was (2) ANNUAL REPORT.—Not later than one SEC. 6461. CLARIFICATION OF PRESUMPTIONS OF ordered to lie on the table; as follows: year after the date of the enactment of this EXPOSURE FOR VETERANS WHO Act, and not less frequently than annually SERVED IN VICINITY OF REPUBLIC AMENDMENT NO. 4657 thereafter, the Secretary shall submit to the OF VIETNAM. At the end of subtitle F of title XII, add Committee on Veterans’ Affairs of the Sen- (a) COMPENSATION.—Subsections (a)(1) and the following: ate, the Committee on Veterans’ Affairs of (f) of section 1116 of title 38, United States SEC. 1247. PROHIBITION ON REQUIRING UNITED the House of Representatives, and each Mem- Code, are amended by inserting ‘‘(including STATES AIR CARRIERS TO COMPLY ber of the Senate and the House of Rep- its territorial seas)’’ after ‘‘served in the Re- WITH AIR DEFENSE IDENTIFICATION resentatives who represents the area in public of Vietnam’’ each place it appears. ZONES DECLARED BY THE PEOPLE’S REPUBLIC OF CHINA. which the Campus is located an annual re- (b) HEALTH CARE.—Section 1710(e)(4) of port evaluating all leases and land-sharing such title is amended by inserting ‘‘(includ- The Administrator of the Federal Aviation agreements carried out at the Campus, in- ing its territorial seas)’’ after ‘‘served on ac- Administration shall not promulgate a spe- cluding— tive duty in the Republic of Vietnam’’. cial rule that requires an air carrier that (A) an evaluation of the management of (c) EFFECTIVE DATE.—The amendments holds an air carrier certificate issued under the revenue generated by the leases; and made by subsections (a) and (b) shall take ef- chapter 411 of title 49, United States Code, to (B) the records described in subsection fect as if enacted on September 25, 1985. comply with any air defense identification (b)(3)(D). zone declared by the People’s Republic of TITLE LXIX—OTHER MATTERS China that is inconsistent with United (3) INSPECTOR GENERAL REPORT.— SEC. 6471. TEMPORARY VISA FEE FOR EMPLOY- States policy, overlaps with preexisting air (A) IN GENERAL.—Not later than each of ERS WITH MORE THAN 50 PERCENT identification zones, covers disputed terri- two years and five years after the date of the FOREIGN WORKFORCE. enactment of this Act, and as determined tory, or covers a specific geographic area (a) IN GENERAL.—Section 411 of the Air over the East China Sea or South China Sea. necessary by the Inspector General of the Transportation Safety and System Stabiliza- Department of Veterans Affairs thereafter, tion Act (49 U.S.C. 40101 note), as added by SA 4658. Mr. BLUMENTHAL sub- the Inspector General shall submit to the section 402(g) of the James Zadroga 9/11 Vic- Committee on Veterans’ Affairs of the Sen- mitted an amendment intended to be tim Compensation Fund Reauthorization Act proposed to amendment SA 4336 sub- ate, the Committee on Veterans’ Affairs of (title IV of division O of Public Law 114–113), the House of Representatives, and each Mem- is amended— mitted by Mr. BROWN and intended to ber of the Senate and the House of Rep- (1) by amending to section heading to read be proposed to the bill S. 2943, to au- resentatives who represents the area in as follows: ‘‘TEMPORARY VISA FEE FOR EMPLOY- thorize appropriations for fiscal year which the Campus is located a report on all ERS WITH MORE THAN 50 PERCENT FOREIGN 2017 for military activities of the De- leases carried out at the Campus and the WORKFORCE’’; and partment of Defense, for military con- management by the Department of the use of (2) by striking subsections (a) and (b) and struction, and for defense activities of land at the Campus, including an assessment inserting the following: of the efforts of the Department to imple- the Department of Energy, to prescribe ‘‘(a) TEMPORARY L VISA FEE INCREASE.— military personnel strengths for such ment the master plan described in subsection Notwithstanding section 281 of the Immigra- (g) with respect to the Campus. tion and Nationality Act (8 U.S.C. 1351) or fiscal year, and for other purposes; (B) CONSIDERATION OF ANNUAL REPORT.—In any other provision of law, the filing fee re- which was ordered to lie on the table; preparing each report required by subpara- quired to be submitted with a petition filed as follows: graph (A), the Inspector General shall take under section 101(a)(15)(L) of the Immigra- Beginning on page 1 of the amendment, into account the most recent report sub- tion and Nationality Act (8 U.S.C. strike line 2 and all that follows through mitted to Congress by the Secretary under 1101(a)(15)(L)), except for an amended peti- page 20, line 6, and insert the following: paragraph (2). tion without an extension of stay request, Subtitle J—Veterans Matters shall be increased by $4,500 for petitioners (k) RULE OF CONSTRUCTION.—Nothing in PART I—VETERANS CHOICE PROGRAM this section shall be construed as a limita- that employ 50 or more employees in the tion on the authority of the Secretary to United States if more than 50 percent of the SEC. 1097. ESTABLISHMENT OF VETERANS CHOICE PROGRAM. enter into other agreements regarding the petitioner’s employees are nonimmigrants (a) ESTABLISHMENT OF PROGRAM.— Campus that are authorized by law and not described in subparagraph (H)(1)(b) or (L) of (1) IN GENERAL.—Subchapter I of chapter 17 inconsistent with this section. section 101(a)(15) of such Act. This fee shall also apply to petitioners described in this of title 38, United States Code, is amended by (l) PRINCIPALLY BENEFIT VETERANS AND subsection who file an individual petition on inserting after section 1703 the following new THEIR FAMILIES DEFINED.—In this section the the basis of an approved blanket petition. section: term ‘‘principally benefit veterans and their ‘‘(b) TEMPORARY H-1B VISA FEE INCREASE.— ‘‘§ 1703A. Veterans Choice Program families’’, with respect to services provided Notwithstanding section 281 of the Immigra- ‘‘(a) PROGRAM.— by a person or entity under a lease of prop- tion and Nationality Act (8 U.S.C. 1351) or ‘‘(1) FURNISHING OF CARE.—Hospital care erty or land-sharing agreement— any other provision of law, the filing fee re- and medical services under this chapter shall (1) means services— quired to be submitted with a petition under be furnished to an eligible veteran described (A) provided exclusively to veterans and section 101(a)(15)(H)(i)(b) of the Immigration in subsection (b), at the election of such vet- their families; or and Nationality Act (8 U.S.C. eran, through contracts authorized under (B) that are designed for the particular 1101(a)(15)(H)(i)(b)), except for an amended subsection (e), or any other law administered needs of veterans and their families, as op- petition without an extension of stay re- by the Secretary, with eligible providers de- posed to the general public, and any benefit quest, shall be increased by $4,000 for peti- scribed in subsection (c) for the furnishing of of those services to the general public is dis- tioners that employ 50 or more employees in such care and services to veterans. The fur- tinct from the intended benefit to veterans the United States if more than 50 percent of nishing of hospital care and medical services and their families; and the petitioner’s employees are non- under this section may be referred to as the (2) excludes services in which the only ben- immigrants described in subparagraph ‘Veterans Choice Program’. efit to veterans and their families is the gen- (H)(1)(b) or (L) of section 101(a)(15) of such ‘‘(2) COORDINATION OF CARE AND SERVICES.— eration of revenue for the Department of Act.’’. The Secretary shall coordinate, through the Veterans Affairs. (b) EFFECTIVE DATES.—The amendments Non-VA Care Coordination Program of the (m) CONFORMING AMENDMENTS.— made by subsection (a)— Department, the furnishing of care and serv- (1) PROHIBITION ON DISPOSAL OF PROP- (1) shall take effect on the date that is 30 ices under this section to eligible veterans, ERTY.—Section 224(a) of the Military Con- days after the date of the enactment of this including by ensuring that an eligible vet- struction and Veterans Affairs and Related Act; and eran receives an appointment for such care Agencies Appropriations Act, 2008 (Public (2) shall apply to any petition filed during and services within the wait-time goals of Law 110–161; 121 Stat. 2272) is amended by the period beginning on such effective date the Veterans Health Administration for the striking ‘‘The Secretary of Veterans Affairs’’ and ending on September 30, 2025. furnishing of hospital care and medical serv- and inserting ‘‘Except as authorized under ices. section 6451 of the National Defense Author- SA 4657. Mr. COTTON submitted an ‘‘(b) ELIGIBLE VETERANS.—A veteran is an ization Act for Fiscal Year 2017, the Sec- amendment intended to be proposed by eligible veteran for purposes of this section retary of Veterans Affairs’’. him to the bill S. 2943, to authorize ap- if— (2) ENHANCED-USE LEASES.—Section 8162(c) propriations for fiscal year 2017 for ‘‘(1) the veteran is enrolled in the patient of title 38, United States Code, is amended by enrollment system of the Department estab- inserting ‘‘, other than an enhanced-use military activities of the Department lished and operated under section 1705 of this lease under section 6451 of the National De- of Defense, for military construction, title; and fense Authorization Act for Fiscal Year and for defense activities of the De- ‘‘(2)(A) the veteran is unable to schedule an 2017,’’ before ‘‘shall be considered’’. partment of Energy, to prescribe mili- appointment for the receipt of hospital care

VerDate Sep 11 2014 04:04 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.061 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3758 CONGRESSIONAL RECORD — SENATE June 9, 2016 or medical services from a health care pro- ‘‘(F) Any health care provider of a health into contracts with eligible providers for fur- vider of the Department within the lesser system established to serve Alaska Natives. nishing care and services to eligible veterans of— ‘‘(G) Any other health care provider that under this section. ‘‘(i) the wait-time goals of the Veterans meets criteria established by the Secretary ‘‘(B) OTHER PROCESSES.—Before entering Health Administration for such care or serv- for purposes of this section. into a contract under this paragraph, the ices; or ‘‘(3) CHOICE OF PROVIDER.—An eligible vet- Secretary shall, to the maximum extent ‘‘(ii) a period determined by a health care eran who makes an election under subsection practicable and consistent with the require- provider of the Department to be clinically (d) to receive hospital care or medical serv- ments of this section, furnish such care and necessary for the receipt of such care or ices under this section may select a provider services to eligible veterans under this sec- services; of such care or services from among the tion with eligible providers pursuant to shar- ‘‘(B) the veteran does not reside within 40 health care providers specified in paragraph ing agreements, existing contracts entered miles driving distance from a medical facil- (2) that are accessible to the veteran. into by the Secretary, or other processes ity of the Department, including a commu- ‘‘(4) ELIGIBILITY.—To be eligible to furnish available at medical facilities of the Depart- nity-based outpatient clinic, with a full-time care or services under this section, a health ment. primary care physician; care provider must— ‘‘(C) CONTRACT DEFINED.—In this para- ‘‘(C) the veteran— ‘‘(A) maintain at least the same or similar graph, the term ‘contract’ has the meaning ‘‘(i) resides in a State without a medical credentials and licenses as those credentials given that term in subpart 2.101 of the Fed- facility of the Department that provides— and licenses that are required of health care eral Acquisition Regulation. ‘‘(I) hospital care; providers of the Department, as determined ‘‘(2) RATES AND REIMBURSEMENT.— ‘‘(II) emergency medical services; and by the Secretary for purposes of this section; ‘‘(A) IN GENERAL.—In entering into a con- ‘‘(III) surgical care rated by the Secretary and tract under paragraph (1) with an eligible as having a surgical complexity of standard; ‘‘(B) submit, not less frequently than annu- provider, the Secretary shall— and ally, verification of such licenses and creden- ‘‘(i) negotiate rates for the furnishing of ‘‘(ii) does not reside within 20 miles driving tials maintained by such health care pro- care and services under this section; and distance from a medical facility of the De- vider. ‘‘(ii) reimburse the provider for such care partment described in clause (i); ‘‘(5) TIERED NETWORK.— and services at the rates negotiated under ‘‘(D) the veteran faces an unusual or exces- ‘‘(A) IN GENERAL.—To promote the provi- clause (i) as provided in such contract. sive burden in accessing hospital care or sion of high-quality and high-value health ‘‘(B) LIMIT ON RATES.— medical services from a medical facility of care under this section, the Secretary may ‘‘(i) IN GENERAL.—Except as provided in the Department that is within 40 miles driv- develop a tiered provider network of eligible clause (ii), and to the extent practicable, ing distance from the residence of the vet- providers based on criteria established by rates negotiated under subparagraph (A)(i) eran due to— the Secretary for purposes of this section. shall not be more than the rates paid by the ‘‘(i) geographical challenges; ‘‘(B) EXCEPTION.—In developing a tiered United States to a provider of services (as ‘‘(ii) environmental factors, such as roads provider network of eligible providers under defined in section 1861(u) of the Social Secu- that are not accessible to the general public, subparagraph (A), the Secretary may not rity Act (42 U.S.C. 1395x(u))) or a supplier (as prioritize providers in a tier over providers defined in section 1861(d) of such Act (42 traffic, or hazardous weather; in any other tier in a manner that limits the U.S.C. 1395x(d))) under the Medicare program ‘‘(iii) a medical condition of the veteran choice of an eligible veteran in selecting an under title XVIII of the Social Security Act that affects the ability to travel; or eligible provider under this section. (42 U.S.C. 1395 et seq.) for the same care or ‘‘(iv) such other factors as determined by ‘‘(6) ALASKA NATIVE DEFINED.—In this sub- services. the Secretary; section, the term ‘Alaska Native’ means a ‘‘(ii) EXCEPTIONS.— ‘‘(E) the veteran resides in a location, person who is a member of any Native vil- ‘‘(I) IN GENERAL.—The Secretary may nego- other than a location in Guam, American lage, Village Corporation, or Regional Cor- tiate a rate that is more than the rate paid Samoa, or the Republic of the Philippines, poration, as those terms are defined in sec- by the United States as described in clause that requires the veteran to travel by air, tion 3 of the Alaska Native Claims Settle- (i) with respect to the furnishing of care or boat, or ferry to reach a medical facility of ment Act (43 U.S.C. 1602). services under this section to an eligible vet- the Department, including a community- ‘‘(d) ELECTION AND AUTHORIZATION.— eran who resides in a highly rural area. based outpatient clinic; ‘‘(1) IN GENERAL.—In the case of an eligible ‘‘(II) OTHER EXCEPTIONS.— ‘‘(F) the veteran is enrolled in the pilot veteran described in subsection (b)(2)(A), the ‘‘(aa) ALASKA.—With respect to furnishing program under section 403 of the Veterans’ Secretary shall, at the election of the vet- care or services under this section in Alaska, Mental Health and Other Care Improvements eran— the Alaska Fee Schedule of the Department Act of 2008 (Public Law 110–387; 38 U.S.C. 1703 ‘‘(A) provide the veteran an appointment shall be followed, except for when another note) as of the date on which such pilot pro- that exceeds the wait-time goals described in payment agreement, including a contract or gram terminates under such section; or such subsection or place such veteran on an provider agreement, is in place, in which ‘‘(G) there is a compelling reason, as deter- electronic waiting list described in para- case rates for reimbursement shall be set mined by the Secretary, that the veteran graph (2) for an appointment for hospital forth under such payment agreement. needs to receive hospital care or medical care or medical services the veteran has ‘‘(bb) OTHER STATES.—With respect to care services from a medical facility other than a elected to receive under this section; or or services furnished under this section in a medical facility of the Department. ‘‘(B)(i) authorize that such care or services State with an All-Payer Model Agreement in ‘‘(c) ELIGIBLE PROVIDERS.— be furnished to the eligible veteran under effect under the Social Security Act (42 ‘‘(1) IN GENERAL.—A health care provider is this section; and U.S.C. 301 et seq.), the Medicare payment an eligible provider for purposes of this sec- ‘‘(ii) notify the eligible veteran by the rates under clause (i) shall be calculated tion if the health care provider is a health most effective means available, including based on the payment rates under such care provider specified in paragraph (2) and electronic communication or notification in agreement. meets standards established by the Sec- writing, describing the care or services the ‘‘(III) HIGHLY RURAL AREA DEFINED.—In this retary for purposes of this section, including eligible veteran is eligible to receive under clause, the term ‘highly rural area’ means an standards relating to education, certifi- this section. area located in a county that has fewer than cation, licensure, training, and employment ‘‘(2) ELECTRONIC WAITING LIST.—The elec- seven individuals residing in that county per history. tronic waiting list described in this para- square mile. ‘‘(2) HEALTH CARE PROVIDERS SPECIFIED.— graph shall be maintained by the Depart- ‘‘(C) LIMIT ON COLLECTION.—For the fur- The health care providers specified in this ment and allow access by each eligible vet- nishing of care or services pursuant to a con- paragraph are the following: eran via www.myhealth.va.gov or any suc- tract under paragraph (1), an eligible pro- ‘‘(A) Any health care provider that is par- cessor website (or other digital channel) for vider may not collect any amount that is ticipating in the Medicare program under the following purposes: greater than the rate negotiated pursuant to title XVIII of the Social Security Act (42 ‘‘(A) To determine the place of such eligi- subparagraph (A)(i). U.S.C. 1395 et seq.), including any physician ble veteran on the waiting list. ‘‘(D) VALUE-BASED REIMBURSEMENT.—In ne- furnishing services under such program. ‘‘(B) To determine the average length of gotiating rates for the furnishing of care and ‘‘(B) Any health care provider of a Feder- time an individual spends on the waiting services under this section, the Secretary ally-qualified health center (as defined in list, disaggregated by medical facility of the may incorporate the use of value-based reim- section 1905(l)(2)(B) of the Social Security Department and type of care or service need- bursement models to promote the provision Act (42 U.S.C. 1396d(l)(2)(B))). ed, for purposes of allowing such eligible vet- of high-quality care. ‘‘(C) Any health care provider of the De- eran to make an informed election under ‘‘(f) RESPONSIBILITY FOR COSTS OF CERTAIN partment of Defense. paragraph (1). CARE.—In any case in which an eligible vet- ‘‘(D) Any health care provider of the Indian ‘‘(e) CARE AND SERVICES THROUGH CON- eran is furnished hospital care or medical Health Service. TRACTS.— services under this section for a non-service- ‘‘(E) Any health care provider of an aca- ‘‘(1) CONTRACTS.— connected disability described in subsection demic affiliate of the Department of Vet- ‘‘(A) IN GENERAL.—Except as provided in (a)(2) of section 1729 of this title, the Sec- erans Affairs. subparagraph (B), the Secretary shall enter retary may recover or collect reasonable

VerDate Sep 11 2014 04:04 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.063 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3759 charges for such care or services from a ing all specialty and ancillary services process of the Department for filling and health-plan contract (as defined in sub- deemed necessary as part of the treatment paying for prescription medications. section (i) of such section 1729) in accordance recommended in the course of such care or ‘‘(q) WAIT-TIME GOALS OF THE VETERANS with such section 1729. services. HEALTH ADMINISTRATION.— ‘‘(g) VETERANS CHOICE CARD.— ‘‘(j) COST-SHARING.— ‘‘(1) IN GENERAL.—Except as provided in ‘‘(1) IN GENERAL.—Except as provided in ‘‘(1) IN GENERAL.—The Secretary shall re- paragraph (2), in this section, the term ‘wait- paragraph (5), for purposes of receiving care quire an eligible veteran to pay a copayment time goals of the Veterans Health Adminis- and services under this section, the Sec- for the receipt of care or services under this tration’ means not more than 30 days from retary shall issue to each veteran described section only if such eligible veteran would be the date on which a veteran requests an ap- in subsection (b)(1) a card that may be pre- required to pay a copayment for the receipt pointment for hospital care or medical serv- sented to a health care provider to facilitate of such care or services at a medical facility ices from the Department. the receipt of care or services under this sec- of the Department or from a health care pro- ‘‘(2) ALTERNATE GOALS.—If the Secretary tion. vider of the Department under this chapter. submits to Congress a report stating that the ‘‘(2) NAME OF CARD.—Each card issued ‘‘(2) LIMITATION.—The amount of a copay- actual wait-time goals of the Veterans under paragraph (1) shall be known as a ‘Vet- ment charged under paragraph (1) may not Health Administration are different from the erans Choice Card’. exceed the amount of the copayment that wait-time goals specified in paragraph (1)— ‘‘(3) DETAILS OF CARD.—Each Veterans would be payable by such eligible veteran for ‘‘(A) for purposes of this section, the wait- Choice Card issued to a veteran under para- the receipt of such care or services at a med- time goals of the Veterans Health Adminis- graph (1) shall include the following: ical facility of the Department or from a tration shall be the wait-time goals sub- ‘‘(A) The name of the veteran. health care provider of the Department mitted by the Secretary under this para- ‘‘(B) An identification number for the vet- under this chapter. graph; and eran that is not the social security number ‘‘(k) CLAIMS PROCESSING SYSTEM.— ‘‘(B) the Secretary shall publish such wait- of the veteran. ‘‘(1) IN GENERAL.—The Secretary shall pro- time goals in the Federal Register and on an ‘‘(C) The contact information of an appro- vide for an efficient nationwide system for Internet website of the Department available priate office of the Department for health prompt processing and paying of bills or to the public. care providers to confirm that care or serv- claims for authorized care and services fur- ‘‘(r) WAIVER OF CERTAIN PRINTING REQUIRE- ices under this section are authorized for the nished to eligible veterans under this sec- MENTS.—Section 501 of title 44 shall not veteran. tion. apply in carrying out this section.’’. ‘‘(D) Contact information and other rel- ‘‘(2) ACCURACY OF PAYMENT.— (2) CLERICAL AMENDMENT.—The table of evant information for the submittal of ‘‘(A) IN GENERAL.—The Secretary shall en- sections at the beginning of chapter 17 of claims or bills for the furnishing of care or sure that such system meets such goals for such title is amended by inserting after the services under this section. accuracy of payment as the Secretary shall item relating to section 1703 the following ‘‘(E) The following statement: ‘This card is specify for purposes of this section. new item: for qualifying medical care outside the De- ‘‘(B) ANNUAL REPORT.— ‘‘1703A. Veterans Choice Program.’’. partment of Veterans Affairs. Please call the ‘‘(i) IN GENERAL.—Not less frequently than (3) CONFORMING REPEAL OF SUPERSEDED AU- Department of Veterans Affairs phone num- annually, the Secretary shall submit to the THORITY.— ber specified on this card to ensure that Committee on Veterans’ Affairs of the Sen- (A) IN GENERAL.—Section 101 of the Vet- treatment has been authorized.’. ate and the Committee on Veterans’ Affairs erans Access, Choice, and Accountability Act ‘‘(4) INFORMATION ON USE OF CARD.—Upon of the House of Representatives a report on of 2014 (Public Law 113–146; 38 U.S.C. 1701 issuing a Veterans Choice Card to a veteran, the accuracy of such system. note) is repealed. the Secretary shall provide the veteran with ‘‘(ii) ELEMENTS.—Each report required by (B) CONFORMING AMENDMENT.—Section information clearly stating the cir- clause (i) shall include the following: 208(1) of such Act is amended by striking cumstances under which the veteran may be ‘‘(I) A description of the goals for accuracy ‘‘section 101’’ and inserting ‘‘section 1703A of eligible for care or services under this sec- for such system specified by the Secretary title 38, United States Code’’. tion. under subparagraph (A). (C) EFFECTIVE DATE.— ‘‘(5) PREVIOUS PROGRAM.—A Veterans ‘‘(II) An assessment of the success of the (i) IN GENERAL.—The amendments made by Choice Card issued under section 101 of the Department in meeting such goals during this paragraph shall take effect on the date Veterans Access, Choice, and Accountability the year covered by the report. on which the Secretary of Veterans Affairs Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 ‘‘(l) DISCLOSURE OF INFORMATION.—For pur- begins implementation of section 1703A of note), as in effect on the day before the date poses of section 7332(b)(1) of this title, an title 38, United States Code as added by para- of the enactment of the National Defense election by an eligible veteran to receive graph (1). Authorization Act for Fiscal Year 2017, shall care or services under this section shall (ii) PUBLICATION.—The Secretary shall pub- be sufficient for purposes of receiving care serve as written consent for the disclosure of lish the date specified in clause (i) in the and services under this section and the Sec- information to health care providers for pur- Federal Register and on an publicly avail- retary is not required to reissue a Veterans poses of treatment under this section. able Internet website of the Department of Choice Card under paragraph (1) to any vet- ‘‘(m) MEDICAL RECORDS.— Veterans Affairs not later than 30 days be- eran that has such a card issued under such ‘‘(1) IN GENERAL.—The Secretary shall en- fore such date. section 101. sure that any eligible provider that furnishes (4) REPORT.—Not later than one year after ‘‘(h) INFORMATION ON AVAILABILITY OF care or services under this section to an eli- the date of the enactment of this Act , the CARE.—The Secretary shall provide informa- gible veteran submits to the Department a tion to a veteran about the availability of copy of any medical record related to the Secretary of Veterans Affairs shall submit to care and services under this section in the care or services provided to such veteran by the Committee on Veterans’ Affairs of the following circumstances: such provider for inclusion in the electronic Senate and the Committee on Veterans’ Af- ‘‘(1) When the veteran enrolls in the pa- medical record of such veteran maintained fairs of the House of Representatives a re- tient enrollment system of the Department by the Department upon the completion of port on the furnishing of care and services established and operated under section 1705 the provision of such care or services to such under section 1703A of title 38, United States of this title. veteran. Code, as added by paragraph (1), that in- ‘‘(2) When the veteran attempts to sched- ‘‘(2) ELECTRONIC FORMAT.—Any medical cludes the following: ule an appointment for the receipt of hos- record submitted to the Department under (A) The total number of veterans who have pital care or medical services from the De- paragraph (1) shall, to the extent possible, be received care or services under this section, partment but is unable to schedule an ap- in an electronic format. disaggregated by— pointment within the wait-time goals of the ‘‘(n) RECORDS NOT REQUIRED FOR REIM- (i) eligible veterans described in subsection Veterans Health Administration for the fur- BURSEMENT.—With respect to care or services (b)(2)(A) of such section; nishing of such care or services. furnished to an eligible veteran by an eligi- (ii) eligible veterans described in sub- ‘‘(3) When the veteran becomes eligible for ble provider under this section, the receipt section (b)(2)(B) of such section; hospital care or medical services under this by the Department of a medical record under (iii) eligible veterans described in sub- section under subparagraph (B), (C), (D), (E), subsection (m) detailing such care or serv- section (b)(2)(C) of such section; (F), or (G) of subsection (b)(2). ices is not required before reimbursing the (iv) eligible veterans described in sub- ‘‘(i) FOLLOW-UP CARE.—The Secretary shall provider for such care or services. section (b)(2)(D) of such section; ensure that, at the election of an eligible ‘‘(o) TRACKING OF MISSED APPOINTMENTS.— (v) eligible veterans described in sub- veteran who receives hospital care or med- The Secretary shall implement a mechanism section (b)(2)(E) of such section; ical services from an eligible provider in an to track any missed appointments for care or (vi) eligible veterans described in sub- episode of care under this section, the vet- services under this section by eligible vet- section (b)(2)(F) of such section; and eran receives such care or services from that erans to ensure that the Department does (vii) eligible veterans described in sub- provider or another health care provider se- not pay for such care or services that were section (b)(2)(G) of such section. lected by the veteran, including a health not furnished to an eligible veteran. (B) A description of the types of care and care provider of the Department, through ‘‘(p) RULE OF CONSTRUCTION.—Nothing in services furnished to veterans under such the completion of the episode of care, includ- this section shall be construed to alter the section.

VerDate Sep 11 2014 04:04 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.063 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3760 CONGRESSIONAL RECORD — SENATE June 9, 2016 (C) An accounting of the total cost of fur- ices furnished under section 1703A of title 38, electronically, not later than 45 days after nishing care and services to veterans under United States Code, as added by subsection receiving the claim. such section. (a)(1). ‘‘(2)(A) If the Secretary determines that a (D) The results of a survey of veterans who SEC. 1097A. FUNDING FOR VETERANS CHOICE claim received from a health care provider have received care or services under such PROGRAM. for care or services furnished under the Vet- section on the satisfaction of such veterans (a) IN GENERAL.—All amounts required to erans Choice Program is a non-clean claim, with the care or services received by such carry out the Veterans Choice Program shall the Secretary shall submit to the provider, veterans under such section. be derived from the appropriations account not later than 30 days after receiving the (E) An assessment of the effect of fur- described in section 4003 of the Surface claim— nishing care and services under such section Transportation and Veterans Health Care ‘‘(i) a notification that the claim is a non- on wait times for appointments for the re- Choice Improvement Act of 2015 (Public Law clean claim; ceipt of hospital care and medical services 114–41; 38 U.S.C. 1701 note). ‘‘(ii) an explanation of why the claim has from the Department of Veterans Affairs. (b) TRANSFER OF AMOUNTS.— been determined to be a non-clean claim; and (b) CLASSIFICATION OF SERVICES.—Services (1) IN GENERAL.—All amounts in the Vet- ‘‘(iii) an identification of the information provided under the following programs, con- erans Choice Fund under section 802 of the or documentation that is required to make tracts, and agreements shall be considered Veterans Access, Choice, and Accountability the claim a clean claim. services provided under the Veterans Choice Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 ‘‘(B) If the Secretary does not comply with Program established under section 1703A of note) shall be transferred to the appropria- the requirements of subparagraph (A) with title 38, United States Code, as added by sub- tions account described in section 4003 of the respect to a claim, the claim shall be deemed section (a)(1): Surface Transportation and Veterans Health a clean claim for purposes of paragraph (1). (1) The Patient-Centered Community Care Care Choice Improvement Act of 2015 (Public ‘‘(3) Upon receipt by the Secretary of infor- program (commonly referred to as ‘‘PC3’’). Law 114–41; 38 U.S.C. 1701 note). mation or documentation described in para- graph (2)(A)(iii) with respect to a claim, the (2) Contracts through the retail pharmacy (2) CONFORMING REPEAL.— Secretary shall reimburse a health care pro- network of the Department. (A) IN GENERAL.—Section 802 of the Vet- vider for care or services furnished under the (3) Veterans Care Agreements under sec- erans Access, Choice, and Accountability Act Veterans Choice Program— tion 1703C of title 38, United States Code, as of 2014 (Public Law 113–146; 38 U.S.C. 1701 ‘‘(A) in the case of a claim submitted to added by section 1097D(a). note) is repealed. the Secretary electronically, not later than (4) Health care agreements with Federal (B) CONFORMING AMENDMENT.—Section 4003 30 days after receiving such information or entities or entities funded by the Federal of the Surface Transportation and Veterans documentation; or Government, including the Department of Health Care Choice Improvement Act of 2015 Defense, the Indian Health Service, tribal ‘‘(B) in the case of claim submitted to the (Public Law 114–41; 38 U.S.C. 1701 note) is Secretary in a manner other than electroni- health programs, Federally-qualified health amended by striking ‘‘to be comprised of’’ centers (as defined in section 1905(l)(2)(B) of cally, not later than 45 days after receiving and all that follows and inserting ‘‘to be such information or documentation. the Social Security Act (42 U.S.C. comprised of discretionary medical services 1396d(l)(2)(B))), and academic teaching affili- ‘‘(4) If the Secretary fails to comply with funding that is designated for hospital care the deadlines for payment set forth in this ates. and medical services furnished at non-De- (c) ESTABLISHMENT OF CRITERIA AND STAND- subsection with respect to a claim, interest partment facilities’’. ARDS FOR NON-DEPARTMENT CARE.— shall accrue on the amount owed under such (c) VETERANS CHOICE PROGRAM DEFINED.— (1) IN GENERAL.—Not later than December claim in accordance with section 3902 of title In this section, the term ‘‘Veterans Choice 31, United States Code. 31, 2017, the Secretary of Veterans Affairs Program’’ means— shall establish consistent criteria and stand- ‘‘(d) INFORMATION AND DOCUMENTATION RE- (1) the program under section 1703A of title QUIRED.—(1) The Secretary shall provide to ards— 38, United States Code, as added by section all health care providers participating in the (A) for purposes of determining eligibility 1097(a)(1); and Veterans Choice Program a list of informa- of non-Department of Veterans Affairs (2) the programs, contracts, and agree- tion and documentation that is required to health care providers to provide health care ments of the Department described in sec- establish a clean claim under this section. under the laws administered by the Sec- tion 1097(b). ‘‘(2) The Secretary shall consult with enti- retary, including standards relating to edu- SEC. 1097B. PAYMENT OF HEALTH CARE PRO- ties in the health care industry, in the public cation, certification, licensure, training, and VIDERS UNDER VETERANS CHOICE and private sector, to determine the infor- employment history; and PROGRAM. mation and documentation to include in the (B) for the reimbursement of such health (a) PAYMENT OF PROVIDERS.— list under paragraph (1). care providers for care or services provided (1) IN GENERAL.—Subchapter I of chapter 17 ‘‘(3) If the Secretary modifies the informa- under the laws administered by the Sec- of title 38, United States Code, as amended tion and documentation included in the list retary, which to the extent practicable by section 1097(a)(1), is further amended by under paragraph (1), the Secretary shall no- shall— inserting after section 1703A the following tify all health care providers participating in (i) except as provided in clauses (ii) and new section: the Veterans Choice Program not later than (iii), use rates for reimbursement that are ‘‘§ 1703B. Veterans Choice Program: payment 30 days before such modifications take ef- not more than the rates paid by the United of health care providers fect. States to a provider of services (as defined in ‘‘(e) DEFINITIONS.—In this section: ‘‘(a) PROMPT PAYMENT COMPLIANCE.—The section 1861(u) of the Social Security Act (42 ‘‘(1) The term ‘clean claim’ means a claim Secretary shall ensure that payments made U.S.C. 1395x(u))) under the Medicare program for reimbursement for care or services fur- to health care providers under the Veterans nished under the Veterans Choice Program, under title XVIII of the Social Security Act Choice Program comply with chapter 39 of (42 U.S.C. 1395 et seq.) for the same care or on a nationally recognized standard format, title 31 (commonly referred to as the that includes the information and docu- services; ‘Prompt Payment Act’) and the require- mentation necessary to adjudicate the (ii) with respect to care or services pro- ments of this section. If there is a conflict claim. vided in Alaska, use rates for reimbursement between the requirements of the Prompt ‘‘(2) The term ‘non-clean claim’ means a set forth in the Alaska Fee Schedule of the Payment Act and the requirements of this claim for reimbursement for care or services Department of Veterans Affairs, except for section, the Secretary shall comply with the furnished under the Veterans Choice Pro- when another payment agreement, including requirements of this section. gram, on a nationally recognized standard a contract or provider agreement, is in place, ‘‘(b) SUBMITTAL OF CLAIM.—(1) A health in which case use rates for reimbursement care provider that seeks reimbursement format, that does not include the informa- set forth under such payment agreement; under this section for care or services fur- tion and documentation necessary to adju- (iii) with respect to care or services pro- nished under the Veterans Choice Program dicate the claim. vided in a State with an All-Payer Model shall submit to the Secretary a claim for re- ‘‘(3) The term ‘Veterans Choice Program’ Agreement in effect under the Social Secu- imbursement not later than 180 days after means— rity Act (42 U.S.C. 301 et seq.), use rates for furnishing such care or services. ‘‘(A) the program under section 1703A of reimbursement based on the payment rates ‘‘(2) On and after January 1, 2019, the Sec- this title; and under such agreement; retary shall not accept any claim under this ‘‘(B) the programs, contracts, and agree- (iv) incorporate the use of value-based re- section that is submitted to the Secretary in ments of the Department described in sec- imbursement models to promote the provi- a manner other than electronically. tion 1097(b) of the National Defense Author- sion of high-quality care to improve health ‘‘(c) PAYMENT SCHEDULE.—(1) The Sec- ization Act for Fiscal Year 2017.’’. outcomes and the experience of care for vet- retary shall reimburse a health care provider (2) CLERICAL AMENDMENT.—The table of erans; and for care or services furnished under the Vet- sections at the beginning of chapter 17 of (v) be consistent with prompt payment erans Choice Program— such title, as amended by section 1097(a)(2), standards required of Federal agencies under ‘‘(A) in the case of a clean claim submitted is further amended by inserting after the chapter 39 of title 31, United States Code. to the Secretary electronically, not later item related to section 1703A the following (2) INAPPLICABILITY TO CERTAIN CARE.—The than 30 days after receiving the claim; or new item: criteria and standards established under ‘‘(B) in the case of a clean claim submitted ‘‘1703B. Veterans Choice Program: payment paragraph (1) shall not apply to care or serv- to the Secretary in a manner other than of health care providers.’’.

VerDate Sep 11 2014 04:04 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0655 E:\CR\FM\A09JN6.063 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3761

(b) ELECTRONIC SUBMITTAL OF CLAIMS FOR noncyber threats to the security and privacy date that is 60 days after the date on which REIMBURSEMENT.— of electronic protected health information the Secretary submits the report required (1) PROHIBITION ON ACCEPTANCE OF NON- made available through such interface. under paragraph (3)(A)(ii). ELECTRONIC CLAIMS.— (II) The elicitation, analysis, and SEC. 1097C. TERMINATION OF CERTAIN PROVI- (A) IN GENERAL.—Except as provided in prioritization of secure development require- SIONS AUTHORIZING CARE TO VET- subparagraph (B), on and after January 1, ments relating to such interface. ERANS THROUGH NON-DEPART- 2019, the Secretary of Veterans Affairs shall (III) The assurance that the prioritized in- MENT OF VETERANS AFFAIRS PRO- not accept any claim for reimbursement formation security and privacy requirements VIDERS. under section 1703B of title 38, United States of such interface— (a) TERMINATION OF AUTHORITY TO CON- Code, as added by subsection (a), that is sub- (aa) are correctly implemented in the de- TRACT FOR CARE IN NON-DEPARTMENT FACILI- mitted to the Secretary in a manner other sign and implementation of such interface TIES.— than electronically, including medical throughout the system development (1) IN GENERAL.—Section 1703 of title 38, records in connection with such a claim. lifecycle; and United States Code, is amended by adding at (B) EXCEPTION.—If the Secretary deter- (bb) satisfy the information objectives of the end the follow new subsection: mines that accepting claims and medical such interface relating to security and pri- ‘‘(e) The authority of the Secretary under records in a manner other than electroni- vacy throughout the system development this section terminates on December 31, cally is necessary for the timely processing lifecycle. 2017.’’. of claims for reimbursement under such sec- (ii) DEFINITIONS.—In this subparagraph: (2) CONFORMING AMENDMENTS.— tion 1703B due to a failure or serious mal- (I) ELECTRONIC PROTECTED HEALTH INFOR- (A) IN GENERAL.— function of the electronic interface estab- MATION.—The term ‘‘electronic protected (i) DENTAL CARE.—Section 1712(a) of such lished under paragraph (2), the Secretary— health information’’ has the meaning given title is amended— (i) after determining that such a failure or that term in section 160.103 of title 45, Code (I) in paragraph (3), by striking ‘‘under serious malfunction has occurred, may ac- of Federal Regulations, as in effect on the clause (1), (2), or (5) of section 1703(a) of this cept claims and medical records in a manner date of the enactment of this Act. title’’ and inserting ‘‘under the Veterans other than electronically for a period not to (II) SECURE DEVELOPMENT REQUIREMENTS.— Choice Program (as defined in section exceed 90 days; and The term ‘‘secure development require- 1703B(e) of this title)’’; and (ii) shall submit to the Committee on Vet- ments’’ means, with respect to the electronic (II) in paragraph (4)(A), in the first sen- erans’ Affairs of the Senate and the Com- interface established under subparagraph tence— mittee on Veterans’ Affairs of the House of (A), activities that are required to be com- (aa) by striking ‘‘and section 1703 of this Representatives a report setting forth— pleted during the system development title’’ and inserting ‘‘and the Veterans (I) the reason for accepting claims and lifecycle of such interface, such as secure Choice Program (as defined in section medical records in a manner other than elec- coding principles and test methodologies. 1703B(e) of this title)’’; and tronically; (3) ANALYSIS OF AVAILABLE TECHNOLOGY FOR (bb) by striking ‘‘in section 1703 of this (II) the duration of time that the Depart- ELECTRONIC INTERFACE.— title’’ and inserting ‘‘under the Veterans ment of Veterans Affairs will accept claims (A) IN GENERAL.—Not later than January 1, Choice Program’’. and medical records in a manner other than 2017, or before entering into a contract to (ii) READJUSTMENT COUNSELING.—Section electronically; and procure or design and build the electronic 1712A(e)(1) of such title is amended by strik- (III) the steps that the Department is tak- interface described in paragraph (2) or mak- ing ‘‘(under sections 1703(a)(2) and ing to resolve such failure or malfunction. ing a decision to internally design and build 1710(a)(1)(B) of this title)’’ and inserting (2) ELECTRONIC INTERFACE.— such electronic interface, whichever occurs ‘‘(under the Veterans Choice Program (as de- (A) IN GENERAL.—Not later than January 1, first, the Secretary shall— fined in section 1703B(e) of this title) and sec- 2019, the Chief Information Officer of the De- (i) conduct an analysis of commercially tion 1710(a)(1)(B) of this title)’’. partment of Veterans Affairs shall establish available technology that may satisfy the re- (iii) DEATH IN DEPARTMENT FACILITY.—Sec- an electronic interface for health care pro- quirements of such electronic interface set tion 2303(a)(2)(B)(i) of such title is amended viders to submit claims for reimbursement forth in such paragraph; and by striking ‘‘in accordance with section under such section 1703B. (ii) submit to the Committee on Veterans’ 1703’’ and inserting ‘‘under the Veterans (B) FUNCTIONS.—The electronic interface Affairs of the Senate and the Committee on Choice Program (as defined in section established under subparagraph (A) shall in- Veterans’ Affairs of the House of Representa- 1703B(e) of this title)’’. clude the following functions: tives a report setting forth such analysis. (iv) MEDICARE PROVIDER AGREEMENTS.— (i) A function through which a health care (B) ELEMENTS.—The report required under Section 1866(a)(1)(L) of the Social Security provider may input all relevant data re- subparagraph (A)(ii) shall include the fol- Act (42 U.S.C. 1395cc(a)(1)(L)) is amended— quired for claims submittal and reimburse- lowing: (I) by striking ‘‘under section 1703 of title ment. (i) An evaluation of commercially avail- 38’’ and inserting ‘‘under the Veterans (ii) A function through which a health care able systems that may satisfy the require- Choice Program (as defined in section provider may upload medical records to ac- ments of paragraph (2). 1703B(e) of title 38, United States Code)’’; and company a claim for reimbursement. (ii) The estimated cost of procuring a com- (II) by striking ‘‘such section’’ and insert- (iii) A function through which a health mercially available system if a suitable com- ing ‘‘such program’’. care provider may ascertain the status of a mercially available system exists. (B) EFFECTIVE DATE.—The amendments pending claim for reimbursement that— (iii) If no suitable commercially available made by subparagraph (A) shall take effect (I) indicates whether the claim is a clean system exists, an assessment of the feasi- on January 1, 2018. claim or a non-clean claim; and bility of modifying a commercially available (b) REPEAL OF AUTHORITY TO CONTRACT FOR (II) in the event that a submitted claim is system to meet the requirements of para- SCARCE MEDICAL SPECIALISTS.— indicated as a non-clean claim, provides— graph (2), including the estimated cost asso- (1) IN GENERAL.—Section 7409 of such title (aa) an explanation of why the claim has ciated with such modifications. is repealed. been determined to be a non-clean claim; and (iv) If no suitable commercially available (2) CLERICAL AMENDMENT.—The table of (bb) an identification of the information or system exists and modifying a commercially sections at the beginning of chapter 74 of documentation that is required to make the available system is not feasible, an assess- such title is amended by striking the item claim a clean claim. ment of the estimated cost and time that relating to section 7409. (iv) A function through which a health would be required to contract with a com- PART II—HEALTH CARE ADMINISTRATIVE care provider is notified when a claim for re- mercial entity to design and build an elec- MATTERS imbursement is accepted or rejected. tronic interface that meets the requirements (v) Such other features as the Secretary of paragraph (2). Subpart A—Care From Non-Department considers necessary. (v) If the Secretary determines that the Providers (C) PROTECTION OF INFORMATION.— Department has the capabilities required to SEC. 1097D. AUTHORIZATION OF AGREEMENTS (i) IN GENERAL.—The electronic interface design and build an electronic interface that BETWEEN THE DEPARTMENT OF established under subparagraph (A) shall be meets the requirements of paragraph (2), an VETERANS AFFAIRS AND NON-DE- developed and implemented based on indus- assessment of the estimated cost and time PARTMENT PROVIDERS. try-accepted information security and pri- that would be required to design and build (a) IN GENERAL.—Subchapter I of chapter vacy engineering principles and best prac- such electronic interface. 17 of title 38, United States Code, as amended tices and shall provide for the following: (vi) A description of the decision of the by section 1097B(a)(1), is further amended by (I) The elicitation, analysis, and Secretary regarding how the Department inserting after section 1703B the following prioritization of functional and nonfunc- plans to establish the electronic interface re- new section: tional information security and privacy re- quired under paragraph (2) and the justifica- ‘‘§ 1703C. Veterans Care Agreements quirements for such interface, including spe- tion of the Secretary for such decision. ‘‘(a) AGREEMENTS TO FURNISH CARE.—(1) In cific security and privacy services and archi- (4) LIMITATION ON USE OF AMOUNTS.—The addition to the authority of the Secretary tectural requirements relating to security Secretary may not spend any amounts to under this chapter to furnish hospital care, and privacy based on a thorough analysis of procure or design and build the electronic medical services, and extended care at facili- all reasonably anticipated cyber and interface described in paragraph (2) until the ties of the Department and under contracts

VerDate Sep 11 2014 04:04 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.063 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3762 CONGRESSIONAL RECORD — SENATE June 9, 2016 or sharing agreements entered into under au- this subsection if the Secretary determines to the best interests of veterans or the De- thorities other than this section, the Sec- that the eligible provider is currently— partment; or retary may furnish hospital care, medical ‘‘(A) excluded from participation in a Fed- ‘‘(D) determines that it is reasonable to services, and extended care through the use eral health care program (as defined in sec- terminate the agreement based on the health of agreements entered into under this sec- tion 1128B(f) of the Social Security Act (42 care needs of a veteran or veterans. tion. An agreement entered into under this U.S.C. 1320a–7b(f))) under section 1128 or ‘‘(g) PERIODIC REVIEW OF CERTAIN AGREE- section may be referred to as a ‘Veterans 1128A of the Social Security Act (42 U.S.C. MENTS.—(1) Not less frequently than once Care Agreement’. 1320a–7 and 1320a–7a); or every two years, the Secretary shall review ‘‘(2)(A) The Secretary may enter into ‘‘(B) identified as an excluded source on each Veterans Care Agreement of material agreements under this section with eligible the list maintained in the System for Award size entered into during the two-year period providers that are certified under subsection Management, or any successor system. preceding the review to determine whether it (d) if the Secretary is not feasibly able to ‘‘(e) TERMS OF AGREEMENTS.—Each agree- is feasible and advisable to furnish the hos- furnish care or services described in para- ment entered into with an eligible provider pital care, medical services, or extended care graph (1) at facilities of the Department. under this section shall include provisions furnished under such agreement at facilities ‘‘(B) The Secretary is not feasibly able to requiring the eligible provider to do the fol- of the Department or through contracts or furnish care or services described in para- lowing: sharing agreements entered into under au- graph (1) at facilities of the Department if ‘‘(1) To accept payment for care or services thorities other than this section. the Secretary determines that the medical furnished under this section at rates estab- ‘‘(2)(A) Subject to subparagraph (B), a Vet- condition of the veteran, the travel involved, lished by the Secretary for purposes of this erans Care Agreement is of material size as the nature of the care or services required, section, which shall be, to the extent prac- determined by the Secretary for purposes of or a combination of those factors make the ticable, the rates paid by the United States this section. use of facilities of the Department impracti- for such care or services to providers of serv- ‘‘(B) A Veterans Care Agreement entered cable or inadvisable. ices and suppliers under the Medicare pro- into after September 30, 2016, for the pur- ‘‘(b) RECEIPT OF CARE.—Eligibility of a vet- gram under title XVIII of the Social Secu- eran under this section for care or services chase of extended care services is of material rity Act (42 U.S.C. 1395 et seq.). described in paragraph (1) shall be deter- size if the purchase of such services under mined as if such care or services were fur- ‘‘(2) To accept payment under paragraph the agreement exceeds $1,000,000 annually. nished in a facility of the Department and (1) as payment in full for care or services fur- The Secretary may adjust such amount to provisions of this title applicable to veterans nished under this section and to not seek account for changes in the cost of health receiving such care or services in a facility any payment for such care or services from care based upon recognized health care mar- of the Department shall apply to veterans re- the recipient of such care or services. ket surveys and other available data and ceiving such care or services under this sec- ‘‘(3) To furnish under this section only the shall publish any such adjustments in the tion. care or services authorized by the Depart- Federal Register. ‘‘(c) ELIGIBLE PROVIDERS.—For purposes of ment under this section unless the eligible ‘‘(h) TREATMENT OF CERTAIN LAWS.—(1) An this section, an eligible provider is one of the provider receives prior written consent from agreement under this section may be entered following: the Department to furnish care or services into without regard to any law that would ‘‘(1) A provider of services that has en- outside the scope of such authorization. require the Secretary to use competitive rolled and entered into a provider agreement ‘‘(4) To bill the Department for care or procedures in selecting the party with which under section 1866(a) of the Social Security services furnished under this section in ac- to enter into the agreement. Act (42 U.S.C. 1395cc(a)). cordance with a methodology established by ‘‘(2)(A) Except as provided in subparagraph ‘‘(2) A physician or supplier that has en- the Secretary for purposes of this section. (B) and unless otherwise provided in this sec- rolled and entered into a participation agree- ‘‘(5) Not to seek to recover or collect from tion or regulations prescribed pursuant to ment under section 1842(h) of such Act (42 a health-plan contract or third party, as this section, an eligible provider that enters U.S.C. 1395u(h)). those terms are defined in section 1729 of this into an agreement under this section is not ‘‘(3) A provider of items and services re- title, for any care or services for which pay- subject to, in the carrying out of the agree- ceiving payment under a State plan under ment is made by the Department under this ment, any law to which an eligible provider title XIX of such Act (42 U.S.C. 1396 et seq.) section. described in subsection (b)(1), (b)(2), or (b)(3) or a waiver of such a plan. ‘‘(6) To provide medical records for vet- is not subject under the original Medicare ‘‘(4) A health care provider that is— erans furnished care or services under this fee-for-service program under parts A and B ‘‘(A) an Aging and Disability Resource section to the Department in a time frame of title XVIII of the Social Security Act (42 Center, an area agency on aging, or a State and format specified by the Secretary for U.S.C. 1395 et seq.) or the Medicaid program agency (as defined in section 102 of the Older purposes of this section. under title XIX of such Act (42 U.S.C. 1396 et Americans Act of 1965 (42 U.S.C. 3002)); or ‘‘(7) To meet such other terms and condi- seq.). ‘‘(B) a center for independent living (as de- tions, including quality of care assurance ‘‘(B) The exclusion under subparagraph (A) fined in section 702 of the Rehabilitation Act standards, as the Secretary may specify for does not apply to laws regarding integrity, of 1973 (29 U.S.C. 796a)). purposes of this section. ethics, fraud, or that subject a person to ‘‘(5) A provider that is located in— ‘‘(f) TERMINATION OF AGREEMENTS.—(1) An civil or criminal penalties. ‘‘(A) an area that is designated as a health eligible provider may terminate an agree- ‘‘(3) Title VII of the Civil Rights Act of 1964 professional shortage area (as defined in sec- ment with the Secretary under this section (42 U.S.C. 2000e et seq.) shall apply with re- tion 332 of the Public Health Service Act (42 at such time and upon such notice to the spect to an eligible provider that enters into U.S.C. 254e)); or Secretary as the Secretary may specify for an agreement under this section to the same ‘‘(B) a county that is not in a metropolitan purposes of this section. extent as such title applies with respect to statistical area. ‘‘(2) The Secretary may terminate an the eligible provider in providing care or ‘‘(6) Such other health care providers as agreement with an eligible provider under services through an agreement or arrange- the Secretary considers appropriate for pur- this section at such time and upon such no- ment other than under this section. poses of this section. tice to the eligible provider as the Secretary ‘‘(i) MONITORING OF QUALITY OF CARE.—The ‘‘(d) CERTIFICATION OF ELIGIBLE PRO- may specify for purposes of this section, if Secretary shall establish a system or sys- VIDERS.—(1) The Secretary shall establish a the Secretary— tems, consistent with survey and certifi- process for the certification of eligible pro- ‘‘(A) determines that the eligible provider cation procedures used by the Centers for viders under this section that shall, at a failed to comply substantially with the pro- Medicare & Medicaid Services and State sur- minimum, set forth the following. visions of the agreement or with the provi- vey agencies to the extent practicable— ‘‘(A) Procedures for the submittal of appli- sions of this section and the regulations pre- ‘‘(1) to monitor the quality of care and cations for certification and deadlines for ac- scribed thereunder; services furnished to veterans under this sec- tions taken by the Secretary with respect to ‘‘(B) determines that the eligible provider tion; and such applications. is— ‘‘(2) to assess the quality of care and serv- ‘‘(B) Standards and procedures for approval ‘‘(i) excluded from participation in a Fed- ices furnished by an eligible provider under and denial of certification, duration of cer- eral health care program (as defined in sec- this section for purposes of determining tification, revocation of certification, and tion 1128B(f) of the Social Security Act (42 whether to renew an agreement under this recertification. U.S.C. 1320a–7b(f))) under section 1128 or section with the eligible provider. ‘‘(C) Procedures for assessing eligible pro- 1128A of the Social Security Act (42 U.S.C. ‘‘(j) DISPUTE RESOLUTION.—The Secretary viders based on the risk of fraud, waste, and 1320a–7 and 1320a–7a); or shall establish administrative procedures for abuse of such providers similar to the level ‘‘(ii) identified as an excluded source on eligible providers with which the Secretary of screening under section 1866(j)(2)(B) of the the list maintained in the System for Award has entered into an agreement under this Social Security Act (42 U.S.C. 1395cc(j)(2)(B)) Management, or any successor system; section to present any dispute arising under and the standards set forth under section ‘‘(C) ascertains that the eligible provider or related to the agreement.’’. 9.104 of title 48, Code of Federal Regulations, has been convicted of a felony or other seri- (b) REGULATIONS.—The Secretary of Vet- or any successor regulation. ous offense under Federal or State law and erans Affairs shall prescribe an interim final ‘‘(2) The Secretary shall deny or revoke determines that the continued participation rule to carry out section 1703C of such title, certification to an eligible provider under of the eligible provider would be detrimental as added by subsection (a), not later than

VerDate Sep 11 2014 04:04 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.063 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3763 one year after the date of the enactment of the veteran, make payment of the reasonable nection with, the emergency treatment or this Act. value of the furnished emergency treatment urgent care for which the veteran is provided (c) CLERICAL AMENDMENT.—The table of or urgent care directly— reimbursement under this section. sections at the beginning of chapter 17 of ‘‘(A) to the hospital or other health care ‘‘(3) The requirement that a veteran pay a such title, as amended by section 1097B(a)(2), provider that furnished the treatment or copayment under this section shall apply is further amended by inserting after the care; or notwithstanding the authority of the Sec- item related to section 1703B the following ‘‘(B) to the person or organization that retary to offset such a requirement with new item: paid for such treatment or care on behalf of amounts recovered from a third party under section 1729 of this title. ‘‘1703C. Veterans Care Agreements.’’. the veteran. ‘‘(3) Notwithstanding section 111 of this ‘‘(g) DEFINITIONS.—In this section: SEC. 1097E. MODIFICATION OF AUTHORITY TO title, reimbursement for the reasonable ‘‘(1) The term ‘emergency treatment’ ENTER INTO AGREEMENTS WITH means medical care or services furnished, in STATE HOMES TO PROVIDE NURS- value of emergency treatment or urgent care ING HOME CARE. under this section shall include reimburse- the judgment of the Secretary— ‘‘(A) when such care or services are ren- (a) USE OF AGREEMENTS.— ment for the reasonable value of transpor- dered in a medical emergency of such nature (1) IN GENERAL.—Paragraph (1) of section tation for such emergency treatment or ur- that a prudent layperson reasonably expects 1745(a) of title 38, United States Code, is gent care. that delay in seeking immediate medical at- amended, in the matter preceding subpara- ‘‘(b) ELIGIBILITY.—A veteran described in this subsection is an individual who— tention would be hazardous to life or health; graph (A), by striking ‘‘a contract (or agree- ‘‘(1) is enrolled in the patient enrollment and ment under section 1720(c)(1) of this title)’’ system of the Department established and ‘‘(B) until— and inserting ‘‘an agreement’’. operated under section 1705 of this title; and ‘‘(i) such time as the veteran can be trans- (2) PAYMENT.—Paragraph (2) of such sec- ‘‘(2) has received care under this chapter ferred safely to a Department facility or tion is amended by striking ‘‘contract (or during the 24-month period preceding the community care provider authorized by the agreement)’’ each place it appears and in- furnishing of the emergency treatment or ur- Secretary and such facility or provider is ca- serting ‘‘agreement’’. gent care for which reimbursement is sought pable of accepting such transfer; or (b) TREATMENT OF CERTAIN LAWS.—Such ‘‘(ii) such time as a Department facility or section is amended by adding at the end the under this section. ‘‘(c) RESPONSIBILITY FOR PAYMENT.—The community care provider authorized by the following new paragraph: Secretary shall be the primary payer with Secretary accepts such transfer if— ‘‘(4)(A) An agreement under this section respect to reimbursing or otherwise paying ‘‘(I) at the time the veteran could have may be entered into without regard to any the reasonable value of emergency treat- been transferred safely to such a facility or law that would require the Secretary to use ment or urgent care under this section. provider, no such facility or provider agreed competitive procedures in selecting the ‘‘(d) LIMITATIONS ON PAYMENT.—(1) The to accept such transfer; and party with which to enter into the agree- Secretary, in accordance with regulations ‘‘(II) the non-Department facility in which ment. prescribed by the Secretary for purposes of such medical care or services was furnished ‘‘(B)(i) Except as provided in clause (ii) and this section, shall— made and documented reasonable attempts unless otherwise provided in this section or ‘‘(A) establish the maximum amount pay- to transfer the veteran to a Department fa- in regulations prescribed pursuant to this able under subsection (a); and cility or community care provider. section, a State home that enters into an ‘‘(B) delineate the circumstances under ‘‘(2) The term ‘health-plan contract’ in- agreement under this section is not subject which such payments may be made, includ- cludes any of the following: to, in the carrying out of the agreement, any ing such requirements on requesting reim- ‘‘(A) An insurance policy or contract, med- law to which providers of services and sup- bursement as the Secretary may establish. ical or hospital service agreement, member- pliers are not subject under the original ‘‘(2)(A) Payment by the Secretary under ship or subscription contract, or similar ar- Medicare fee-for-service program under parts this section on behalf of a veteran to a pro- rangement under which health services for A and B of title XVIII of the Social Security vider of emergency treatment or urgent care individuals are provided or the expenses of Act (42 U.S.C. 1395 et seq.) or the Medicaid shall, unless rejected and refunded by the such services are paid. program under title XIX of such Act (42 provider within 30 days of receipt— ‘‘(B) An insurance program described in U.S.C. 1396 et seq.). ‘‘(i) constitute payment in full for the section 1811 of the Social Security Act (42 ‘‘(ii) The exclusion under clause (i) does emergency treatment or urgent care pro- U.S.C. 1395c) or established by section 1831 of not apply to laws regarding integrity, ethics, vided; and such Act (42 U.S.C. 1395j). fraud, or that subject a person to civil or ‘‘(ii) extinguish any liability on the part of ‘‘(C) A State plan for medical assistance criminal penalties. the veteran for that treatment or care. approved under title XIX of such Act (42 ‘‘(C) Title VII of the Civil Rights Act of ‘‘(B) Neither the absence of a contract or U.S.C. 1396 et seq.). 1964 (42 U.S.C. 2000e et seq.) shall apply with agreement between the Secretary and a pro- ‘‘(D) A workers’ compensation law or plan respect to a State home that enters into an vider of emergency treatment or urgent care described in section 1729(a)(2)(A) of this title. agreement under this section to the same ex- nor any provision of a contract, agreement, ‘‘(3) The term ‘third party’ means any of tent as such title applies with respect to the or assignment to the contrary shall operate the following: State home in providing care or services to modify, limit, or negate the requirements ‘‘(A) A Federal entity. through an agreement or arrangement other of subparagraph (A). ‘‘(B) A State or political subdivision of a than under this section.’’. ‘‘(C) An individual or entity may not seek State. (c) EFFECTIVE DATE.— to recover from any third party the cost of ‘‘(C) An employer or an employer’s insur- (1) IN GENERAL.—The amendments made by emergency treatment or urgent care for ance carrier. this section shall apply to agreements en- which the Secretary has made payment ‘‘(D) An automobile accident reparations tered into under section 1745 of such title on under this section. insurance carrier. ‘‘(e) RECOVERY.—The United States has an and after the date on which the regulations ‘‘(E) A person or entity obligated to pro- independent right to recover or collect rea- prescribed by the Secretary of Veterans Af- vide, or to pay the expenses of, health serv- sonable charges for emergency treatment or fairs to implement such amendments take ices under a health-plan contract. effect. urgent care furnished under this section in accordance with the provisions of section ‘‘(4) The term ‘urgent care’ shall have the (2) PUBLICATION.—The Secretary shall pub- meaning given that term by the Secretary in lish the date described in paragraph (1) in 1729 of this title. ‘‘(f) COPAYMENTS.—(1) Except as provided regulations prescribed by the Secretary for the Federal Register not later than 30 days purposes of this section.’’. before such date. in paragraph (2), a veteran shall pay to the Department a copayment (in an amount pre- (b) CLERICAL AMENDMENT.—The table of SEC. 1097F. EXPANSION OF REIMBURSEMENT scribed by the Secretary for purposes of this sections at the beginning of chapter 17 is FOR EMERGENCY TREATMENT AND amended by striking the item relating to URGENT CARE. section) for each episode of emergency treat- ment or urgent care for which reimburse- section 1725 and inserting the following new (a) IN GENERAL.—Section 1725 of title 38, item: United States Code, is amended to read as ment is provided to the veteran under this section. ‘‘1725. Reimbursement for emergency treat- follows: ‘‘(2) The requirement under paragraph (1) ment and urgent care.’’. ‘‘§ 1725. Reimbursement for emergency treat- to pay a copayment does not apply to a vet- (c) REPEAL OF SUPERSEDED AUTHORITY.— ment and urgent care eran who— (1) IN GENERAL.—Section 1728 is repealed. ‘‘(a) IN GENERAL.—(1) Subject to the provi- ‘‘(A) would not be required to pay to the (2) EFFECTIVE DATE.— sions of this section, the Secretary shall re- Department a copayment for emergency (A) IN GENERAL.—The repeal made by para- imburse a veteran described in subsection (b) treatment or urgent care furnished at facili- graph (1) shall take effect on the date on for the reasonable value of emergency treat- ties of the Department; which the Secretary of Veterans Affairs pre- ment or urgent care furnished the veteran in ‘‘(B) meets an exemption specified by the scribes regulations to carry out section 1725 a non-Department facility. Secretary in regulations prescribed by the of title 38, United States Code, as amended ‘‘(2) In any case in which reimbursement of Secretary for purposes of this section; or by subsection (a). a veteran is authorized under paragraph (1), ‘‘(C) is admitted to a hospital for treat- (B) PUBLICATION.—The Secretary shall pub- the Secretary may, in lieu of reimbursing ment or observation following, and in con- lish the date specified in subparagraph (A) in

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the Federal Register and on an publicly the meaning given that term in section 1072 ‘‘(c) EFFECT ON SERVICES FROM DEPART- available Internet website of the Department of title 10, United States Code. MENT.—The Secretary may not deny any of Veterans Affairs not later than 30 days be- Subpart B—Other Health Care services under this chapter to an individual fore such date. Administrative Matters solely due to the fact that the individual (d) CONFORMING AMENDMENTS.— fails to provide information required under SEC. 1097J. REIMBURSEMENT OF CERTAIN ENTI- EDICAL CARE FOR SURVIVORS AND DE subsection (a). (1) M - TIES FOR EMERGENCY MEDICAL ‘‘(d) HEALTH-PLAN CONTRACT DEFINED.—In PENDENTS.—Section 1781(a)(4) is amended by TRANSPORTATION. this section, the term ‘health-plan contract’ striking ‘‘(as defined in section 1725(f) of this (a) IN GENERAL.—Subchapter III of chapter has the meaning given that term in section title)’’ and inserting ‘‘(as defined in section 17 of title 38, United States Code, is amended 1725(g) of this title.’’. 1725(g) of this title)’’. by inserting after section 1725 the following (b) CLERICAL AMENDMENT.—The table of (2) HEALTH CARE OF FAMILY MEMBERS OF new section: VETERANS STATIONED AT CAMP LEJEUNE, sections at the beginning of chapter 17 of ‘‘§ 1725A. Reimbursement of certain entities NORTH CAROLINA.—Section 1787(b)(3) is such title is amended by inserting after the amended by striking ‘‘(as defined in section for emergency medical transportation item relating to section 1705 the following 1725(f) of this title)’’ and inserting ‘‘(as de- ‘‘(a) IN GENERAL.—Notwithstanding any new item: fined in section 1725(g) of this title)’’. other provision of law, the Secretary shall ‘‘1705A. Management of health care: informa- (e) REGULATIONS.—Not later than 270 days reimburse an ambulance provider or any tion regarding health-plan con- after the date of the enactment of this Act, other entity that provides transportation to tracts.’’. the Secretary shall prescribe regulations to a veteran described in section 1725(b) of this SEC. 1097L. MODIFICATION OF HOURS OF EM- carry out the amendments made by this sec- title for the purpose of receiving emergency PLOYMENT FOR PHYSICIANS AND tion. treatment at a non-Department facility the PHYSICIAN ASSISTANTS EMPLOYED BY THE DEPARTMENT OF VETERANS (f) EFFECTIVE DATE.—The amendments cost of such transportation. AFFAIRS. ‘‘(b) SERVICE CONNECTION.—(1) The Sec- made by this section shall take effect one Section 7423(a) of title 38, United States year after the date of the enactment of this retary shall reimburse an ambulance pro- vider or any other entity under subsection Code, is amended— Act. (1) by striking ‘‘(a) The hours’’ and insert- SEC. 1097G. REQUIREMENT FOR ADVANCE AP- (a) regardless of whether the underlying medical condition for which the veteran is ing ‘‘(a)(1) Except as provided in paragraph PROPRIATIONS FOR THE VETERANS (2), the hours’’; and CHOICE PROGRAM ACCOUNT OF seeking emergency treatment is in connec- (2) by adding at the end the following new THE DEPARTMENT OF VETERANS tion with a service-connected disability. AFFAIRS. ‘‘(2) If the Secretary determines that the paragraph: ‘‘(2) The Secretary may modify the hours (a) IN GENERAL.—Section 117(c) of title 38, underlying medical condition for which the of employment for a physician or physician United States Code, is amended by adding at veteran receives emergency treatment is not assistant appointed in the Administration the end the following new paragraph: in connection with a service-connected dis- under any provision of this chapter on a full- ‘‘(7) Veterans Health Administration, Vet- ability, the Secretary shall recoup the cost erans Choice Program.’’. time basis to be more than or less than 80 of transportation paid under subsection (a) hours in a biweekly pay period if the total (b) CONFORMING AMENDMENT.—Section in connection with such emergency treat- 1105(a)(37) of title 31, United States Code, is hours of employment for such employee in a ment from any health-plan contract under calendar year are not less than 2,080 hours.’’. amended by adding at the end the following which the veteran is covered. new subparagraph: ‘‘(c) TIMING.—Reimbursement under sub- PART III—FAMILY CAREGIVERS ‘‘(G) Veterans Health Administration, Vet- section (a) shall be made not later than 30 SEC. 1097M. EXPANSION OF FAMILY CAREGIVER erans Choice Program.’’. days after receiving a request for reimburse- PROGRAM OF DEPARTMENT OF VET- (c) APPLICABILITY.—The amendments made ment under such subsection. ERANS AFFAIRS. (a) FAMILY CAREGIVER PROGRAM.— by this section shall apply to fiscal years be- ‘‘(d) DEFINITIONS.—In this section, the (1) EXPANSION OF ELIGIBILITY.— ginning on and after October 1, 2016. terms ‘emergency treatment’ and ‘health- (A) IN GENERAL.—Subsection (a)(2)(B) of SEC. 1097H. ANNUAL TRANSFER OF AMOUNTS plan contract’ have the meanings given section 1720G of title 38, United States Code, WITHIN DEPARTMENT OF VETERANS those terms in section 1725(f) of this title.’’. is amended to read as follows: AFFAIRS TO PAY FOR HEALTH CARE (b) CLERICAL AMENDMENT.—The table of ‘‘(B) for assistance provided under this sub- FROM NON-DEPARTMENT PRO- sections at the beginning of chapter 17 of VIDERS. section— such title is amended by inserting after the ‘‘(i) before the date on which the Secretary Section 106 of the Veterans Access, Choice, item related to section 1725 the following submits to Congress a certification that the and Accountability Act of 2014 (Public Law new item: 113–146; 38 U.S.C. 1701 note) is amended by Department has fully implemented the infor- adding at the end the following new sub- ‘‘1725A. Reimbursement for emergency med- mation technology system required by sec- section: ical transportation.’’. tion 1097N(a) of the National Defense Au- ‘‘(c) ANNUAL TRANSFER OF AMOUNTS.— SEC. 1097K. REQUIREMENT THAT DEPARTMENT thorization Act for Fiscal Year 2017, has a se- ‘‘(1) IN GENERAL.—At the beginning of each OF VETERANS AFFAIRS COLLECT rious injury (including traumatic brain in- fiscal year, the Secretary of Veterans Affairs HEALTH-PLAN CONTRACT INFORMA- jury, psychological trauma, or other mental TION FROM VETERANS. shall transfer to the Veterans Health Admin- disorder) incurred or aggravated in the line (a) IN GENERAL.—Subchapter I of chapter istration an amount equal to the amount es- of duty in the active military, naval, or air 17 is amended by inserting after section 1705 timated to be required to furnish hospital service on or after September 11, 2001; the following new section: care, medical services, and other health care ‘‘(ii) during the two-year period beginning through non-Department of Veterans Affairs ‘‘§ 1705A. Management of health care: infor- on the date specified in clause (i), has a seri- providers during that fiscal year. mation regarding health-plan contracts ous injury (including traumatic brain injury, ‘‘(2) ADJUSTMENTS.—During a fiscal year, ‘‘(a) IN GENERAL.—(1) Any individual who psychological trauma, or other mental dis- the Secretary may make adjustments to the seeks hospital care or medical services under order) incurred or aggravated in the line of amount transferred under paragraph (1) for this chapter shall provide to the Secretary duty in the active military, naval, or air that fiscal year to accommodate any such current information as the Secretary service— variances in demand for hospital care, med- may require to identify any health-plan con- ‘‘(I) on or before May 7, 1975; or ical services, or other health care through tract under which such individual is covered. ‘‘(II) on or after September 11, 2001; or non-Department providers.’’. ‘‘(2) The information required to be pro- ‘‘(iii) after the date that is two years after SEC. 1097I. APPLICABILITY OF DIRECTIVE OF OF- vided to the Secretary under paragraph (1) the date specified in clause (i), has a serious FICE OF FEDERAL CONTRACT COM- with respect to a health-plan contract shall injury (including traumatic brain injury, PLIANCE PROGRAMS. include, as applicable, the following: psychological trauma, or other mental dis- (a) IN GENERAL.—Directive 2014-01 of the ‘‘(A) The name of the entity providing cov- order) incurred or aggravated in the line of Office of Federal Contract Compliance Pro- erage under the health-plan contract. duty in the active military, naval, or air grams of the Department of Labor (effective ‘‘(B) If coverage under the health-plan con- service; and’’. as of May 7, 2014) shall apply to any health tract is in the name of an individual other (B) PUBLICATION IN FEDERAL REGISTER.— care provider entering into a contract or than the individual required to provide infor- Not later than 30 days after the date on agreement under section 1703A, 1703C, or 1745 mation under this section, the name of the which the Secretary of Veterans Affairs sub- of title 38, United States Code, in the same policy holder of the health-plan contract. mits to Congress the certification described manner as such directive applies to sub- ‘‘(C) The identification number for the in subsection (a)(2)(B)(i) of section 1720G of contractors under the TRICARE program. health-plan contract. such title, as amended by subparagraph (A) (b) APPLICABILITY PERIOD.—The directive ‘‘(D) The group code for the health-plan of this paragraph, the Secretary shall pub- described in subsection (a), and the morato- contract. lish the date specified in such subsection in rium provided under such directive, shall not ‘‘(b) ACTION TO COLLECT INFORMATION.—The the Federal Register. be altered or rescinded before May 7, 2019. Secretary may take such action as the Sec- (2) EXPANSION OF NEEDED SERVICES IN ELIGI- (c) TRICARE PROGRAM DEFINED.—In this retary considers appropriate to collect the BILITY CRITERIA.—Subsection (a)(2)(C) of such section, the term ‘‘TRICARE program’’ has information required under subsection (a). section is amended—

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(A) in clause (ii), by striking ‘‘; or’’ and in- tities to provide such assistance to such fam- (1) INITIAL REPORT.— serting a semicolon; ily caregivers. (A) IN GENERAL.—Not later than 90 days (B) by redesignating clause (iii) as clause ‘‘(B) The Secretary may provide assistance after the date of the enactment of this Act, (iv); and under this paragraph only if such assistance the Secretary shall submit to the Committee (C) by inserting after clause (ii) the fol- is reasonably accessible to the family care- on Veterans’ Affairs of the Senate, the Com- lowing new clause (iii): giver and is substantially equivalent or bet- mittee on Veterans’ Affairs of the House of ‘‘(iii) a need for regular or extensive in- ter in quality to similar services provided by Representatives, and the Comptroller Gen- struction or supervision without which the the Department. eral of the United States a report that in- ability of the veteran to function in daily ‘‘(C) The Secretary may provide fair com- cludes— life would be seriously impaired; or’’. pensation to Federal agencies, States, and (i) the status of the planning, development, (3) EXPANSION OF SERVICES PROVIDED.—Sub- other entities that provide assistance under and deployment of the system required to be section (a)(3)(A)(ii) of such section is amend- this paragraph.’’. implemented under subsection (a), including ed— (b) MODIFICATION OF DEFINITION OF PER- any changes in the timeline for the imple- (A) in subclause (IV), by striking ‘‘; and’’ SONAL CARE SERVICES.—Subsection (d)(4) of mentation of the system; and and inserting a semicolon; such section is amended— (ii) an assessment of the needs of family (B) in subclause (V), by striking the period (1) in subparagraph (A), by striking ‘‘inde- caregivers of veterans described in subpara- at the end and inserting ‘‘; and’’; and pendent’’; graph (B), the resources needed for the inclu- (C) by adding at the end the following new (2) by redesignating subparagraph (B) as sion of such family caregivers in the Pro- subclause: subparagraph (D); and gram, and such changes to the Program as ‘‘(VI) through the use of contracts with, or (3) by inserting after subparagraph (A) the the Secretary considers necessary to ensure the provision of grants to, public or private following new subparagraphs: the successful expansion of the Program to entities— ‘‘(B) Supervision or protection based on include such family caregivers. ‘‘(aa) financial planning services relating symptoms or residuals of neurological or (B) VETERANS DESCRIBED.—Veterans de- to the needs of injured veterans and their other impairment or injury. scribed in this subparagraph are veterans caregivers; and ‘‘(C) Regular or extensive instruction or who are eligible for the Program under ‘‘(bb) legal services, including legal advice supervision without which the ability of the clause (ii) or (iii) of section 1720G(a)(2)(B) of and consultation, relating to the needs of in- veteran to function in daily life would be se- title 38, United States Code, as amended by jured veterans and their caregivers.’’. riously impaired.’’. section 1097M(a)(1) of this Act, solely due to (4) MODIFICATION OF STIPEND CALCULA- SEC. 1097N. IMPLEMENTATION OF INFORMATION a serious injury (including traumatic brain TION.—Subsection (a)(3)(C) of such section is TECHNOLOGY SYSTEM OF DEPART- injury, psychological trauma, or other men- amended— MENT OF VETERANS AFFAIRS TO AS- tal disorder) incurred or aggravated in the (A) by redesignating clause (iii) as clause SESS AND IMPROVE THE FAMILY line of duty in the active military, naval, or CAREGIVER PROGRAM. (iv); and air service before September 11, 2001. (a) IMPLEMENTATION OF NEW SYSTEM.— (B) by inserting after clause (ii) the fol- (2) NOTIFICATION BY COMPTROLLER GEN- (1) IN GENERAL.—Not later than December ERAL.—The Comptroller General shall review lowing new clause (iii): 31, 2016, the Secretary of Veterans Affairs ‘‘(iii) In determining the amount and de- the report submitted under paragraph (1) and shall implement an information technology gree of personal care services provided under notify the Committee on Veterans’ Affairs of clause (i) with respect to an eligible veteran system that fully supports the Program and the Senate and the Committee on Veterans’ whose need for personal care services is allows for data assessment and comprehen- Affairs of the House of Representatives with based in whole or in part on a need for super- sive monitoring of the Program. respect to the progress of the Secretary in— vision or protection under paragraph (2) ELEMENTS OF SYSTEM.—The information (A) fully implementing the system re- (2)(C)(ii) or regular or extensive instruction technology system required to be imple- quired under subsection (a); and or supervision under paragraph (2)(C)(iii), mented under paragraph (1) shall include the (B) implementing a process for using such the Secretary shall take into account the following: system to monitor and assess the Program following: (A) The ability to easily retrieve data that under subsection (c)(1) and modify the Pro- ‘‘(I) The assessment by the family care- will allow all aspects of the Program (at the gram as considered necessary under sub- giver of the needs and limitations of the vet- medical center and aggregate levels) and the section (c)(2). eran. workload trends for the Program to be as- (3) FINAL REPORT.— ‘‘(II) The extent to which the veteran can sessed and comprehensively monitored. (A) IN GENERAL.—Not later than December function safely and independently in the ab- (B) The ability to manage data with re- 31, 2017, the Secretary shall submit to the sence of such supervision, protection, or in- spect to a number of caregivers that is more Committee on Veterans’ Affairs of the Sen- struction. than the number of caregivers that the Sec- ate, the Committee on Veterans’ Affairs of ‘‘(III) The amount of time required for the retary expects to apply for the Program. the House of Representatives, and the Comp- family caregiver to provide such supervision, (C) The ability to integrate the system troller General a report on the implementa- protection, or instruction to the veteran.’’. with other relevant information technology tion of subsections (a) through (c). (5) PERIODIC EVALUATION OF NEED FOR CER- systems of the Veterans Health Administra- (B) ELEMENTS.—The report required by TAIN SERVICES.—Subsection (a)(3) of such sec- tion. subparagraph (A) shall include the following: tion is amended by adding at the end the fol- (b) ASSESSMENT OF PROGRAM.—Not later (i) A certification by the Secretary with lowing new subparagraph: than 180 days after implementing the system respect to whether the information tech- ‘‘(D) In providing instruction, preparation, described in subsection (a), the Secretary nology system described in subsection (a) and training under subparagraph (A)(i)(I) and shall, through the Under Secretary for has been implemented. technical support under subparagraph Health, use data from the system and other (ii) A description of how the Secretary has (A)(i)(II) to each family caregiver who is ap- relevant data to conduct an assessment of implemented such system. proved as a provider of personal care services how key aspects of the Program are struc- (iii) A description of the modifications to for an eligible veteran under paragraph (6), tured and carried out. the Program, if any, that were identified and (c) ONGOING MONITORING OF AND MODIFICA- the Secretary shall periodically evaluate the implemented under subsection (c)(2). TIONS TO PROGRAM.— needs of the eligible veteran and the skills of (iv) A description of how the Secretary is (1) MONITORING.—The Secretary shall use the family caregiver of such veteran to de- using such system to monitor the workload the system implemented under subsection termine if additional instruction, prepara- of the Program. tion, training, or technical support under (a) to monitor and assess the workload of the (e) DEFINITIONS.—In this section: those subparagraphs is necessary.’’. Program, including monitoring and assess- (1) ACTIVE MILITARY, NAVAL, OR AIR SERV- (6) USE OF PRIMARY CARE TEAMS.—Sub- ment of data on— ICE.—The term ‘‘active military, naval, or section (a)(5) of such section is amended, in (A) the status of applications, appeals, and air service’’ has the meaning given that term the matter preceding subparagraph (A), by home visits in connection with the Program; in section 101 of title 38, United States Code. inserting ‘‘(in collaboration with the pri- and (2) PROGRAM.—The term ‘‘Program’’ means mary care team for the eligible veteran to (B) the use by caregivers participating in the program of comprehensive assistance for the maximum extent practicable)’’ after the Program of other support services under family caregivers under section 1720G(a) of ‘‘evaluate’’. the Program such as respite care. title 38, United States Code, as amended by (7) ASSISTANCE FOR FAMILY CAREGIVERS.— (2) MODIFICATIONS.—Based on the moni- section 1097M of this Act. toring and assessment conducted under para- Subsection (a) of such section is amended by SEC. 1097O. MODIFICATIONS TO ANNUAL EVAL- adding at the end the following new para- graph (1), the Secretary shall identify and UATION REPORT ON CAREGIVER graph: implement such modifications to the Pro- PROGRAM OF DEPARTMENT OF VET- ‘‘(11)(A) In providing assistance under this gram as the Secretary considers necessary to ERANS AFFAIRS. subsection to family caregivers of eligible ensure the Program is functioning as in- (a) BARRIERS TO CARE AND SERVICES.—Sub- veterans, the Secretary may enter into con- tended and providing veterans and caregivers paragraph (A)(iv) of section 101(c)(2) of the tracts, provider agreements, and memoranda participating in the Program with services Caregivers and Veterans Omnibus Health of understanding with Federal agencies, in a timely manner. Services Act of 2010 (Public Law 111–163; 38 States, and private, nonprofit, and other en- (d) REPORTS.— U.S.C. 1720G note) is amended by inserting ‘‘,

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AUTHORIZATION OF CERTAIN MAJOR such section is amended— (ii) A description of any recommendations MEDICAL FACILITY PROJECTS OF (1) in clause (i), by striking ‘‘; and’’ and in- made by the Committee to improve the co- THE DEPARTMENT OF VETERANS serting a semicolon; ordination of services for caregivers of vet- AFFAIRS. (2) in clause (ii), by striking the period at erans between the Department and the enti- The Secretary of Veterans Affairs may the end and inserting ‘‘; and’’; and ties specified in subparagraphs (B) through carry out the following major medical facil- (3) by adding at the end the following new (E) of subsection (b)(2) and to eliminate bar- ity projects, with each project to be carried clause: riers to the effective use of such services, in- out in an amount not to exceed the amount ‘‘(iii) an evaluation of the sufficiency and cluding with respect to eligibility criteria. specified for that project: consistency of the training provided to fam- (iii) An evaluation of the effectiveness of (1) Seismic corrections to buildings, in- ily caregivers under such program in pre- the Department in providing services for cluding retrofitting and replacement of high- paring family caregivers to provide care to caregivers of veterans. risk buildings, in San Francisco, California, veterans under such program.’’. (iv) An evaluation of the quality and suffi- in an amount not to exceed $317,300,000. SEC. 1097P. ADVISORY COMMITTEE ON CARE- ciency of services for caregivers of veterans (2) Seismic corrections to facilities, includ- GIVER POLICY. available from nongovernmental organiza- ing facilities to support homeless veterans, (a) ESTABLISHMENT.—There is established tions. at the medical center in West Los Angeles, in the Department of Veterans Affairs an ad- (v) A description of any gaps identified by California, in an amount not to exceed visory committee on policies relating to the Committee in care or services provided $370,800,000. caregivers of veterans (in this section re- by caregivers to veterans and recommenda- (3) Seismic corrections to the mental ferred to as the ‘‘Committee’’). tions for legislative or administrative action health and community living center in Long (b) COMPOSITION.—The Committee shall be to address such gaps. Beach, California, in an amount not to ex- composed of the following: (vi) Such other matters or recommenda- ceed $317,300,000. (1) A Chair selected by the Secretary of tions as the Chair considers appropriate. (4) Construction of an outpatient clinic, Veterans Affairs. (2) TRANSMITTAL TO CONGRESS.—Not later administrative space, cemetery, and col- (2) A representative from each of the fol- than 90 days after the receipt of a report umbarium in Alameda, California, in an lowing agencies or organizations selected by under paragraph (1), the Secretary shall amount not to exceed $240,200,000. the head of such agency or organization: transmit to the Committee on Veterans’ Af- (5) Realignment of medical facilities in (A) The Department of Veterans Affairs. fairs of the Senate and the Committee on Livermore, California, in an amount not to (B) The Department of Defense. Veterans’ Affairs of the House of Representa- exceed $415,600,000. (C) The Department of Health and Human tives a copy of such report, together with (6) Construction of a replacement commu- Services. such comments and recommendations con- nity living center in Perry Point, Maryland, (D) The Department of Labor. cerning such report as the Secretary con- in an amount not to exceed $92,700,000. (E) The Centers for Medicare and Medicaid siders appropriate. (7) Seismic corrections and other renova- Services. (e) TERMINATION.—The Committee shall tions to several buildings and construction (3) Not fewer than seven individuals who terminate on December 31, 2022. of a specialty care building in American are not employees of the Federal Govern- SEC. 1097Q. COMPREHENSIVE STUDY ON SERI- Lake, Washington, in an amount not to ex- ment selected by the Secretary from among OUSLY INJURED VETERANS AND ceed $161,700,000. the following individuals: THEIR CAREGIVERS. SEC. 1097S. AUTHORIZATION OF CERTAIN MAJOR (A) Academic experts in fields relating to (a) STUDY REQUIRED.—During the period MEDICAL FACILITY LEASES OF THE caregivers. specified in subsection (d), the Secretary of DEPARTMENT OF VETERANS AF- (B) Clinicians. Veterans Affairs shall provide for the con- FAIRS. (C) Caregivers. duct by an independent entity of a com- The Secretary of Veterans Affairs may (D) Individuals in receipt of caregiver serv- prehensive study on the following: carry out the following major medical facil- ices. (1) Veterans who have incurred a serious ity leases at the locations specified and in an (E) Such other individuals with expertise injury or illness, including a mental health amount for each lease not to exceed the that is relevant to the duties of the Com- injury or illness. amount specified for such location (not in- mittee as the Secretary considers appro- (2) Individuals who are acting as caregivers cluding any estimated cancellation costs): priate. for veterans. (1) For an outpatient clinic, Ann Arbor, (c) DUTIES.—The duties of the Committee (b) ELEMENTS.—The comprehensive study Michigan, an amount not to exceed are as follows: required by subsection (a) shall include the $17,093,000. (1) To regularly review and recommend following with respect to each veteran in- (2) For an outpatient mental health clinic, policies of the Department of Veterans Af- cluded in such study: Birmingham, Alabama, an amount not to ex- fairs relating to caregivers of veterans. (1) The health of the veteran and, if appli- ceed $6,971,000. (2) To examine and advise the implementa- cable, the impact of the caregiver of such (3) For an outpatient specialty clinic, Bir- tion of such policies. veteran on the health of such veteran. mingham, Alabama, an amount not to ex- (3) To evaluate the effectiveness of such (2) The employment status of the veteran ceed $10,479,000. policies. and, if applicable, the impact of the care- (4) For research space, Boston, Massachu- (4) To recommend standards of care for giver of such veteran on the employment setts, an amount not to exceed $5,497,000. caregiver services and respite care services status of such veteran. (5) For research space, Charleston, South provided to a caregiver or veteran by a non- (3) The financial status and needs of the Carolina, an amount not to exceed $6,581,000. profit or private sector entity. veteran. (6) For an outpatient clinic, Daytona (5) To develop recommendations for legis- (4) The use by the veteran of benefits avail- Beach, Florida, an amount not to exceed lative or administrative action to enhance able to such veteran from the Department of $12,664,000. the provision of services to caregivers and Veterans Affairs. (7) For Chief Business Office Purchased veterans, including eliminating gaps in such (5) Such other information as the Sec- Care office space, Denver, Colorado, an services and eliminating disparities in eligi- retary considers appropriate. amount not to exceed $17,215,000. bility for such services. (c) CONTRACT.—The Secretary shall enter (8) For an outpatient clinic, Gainesville, (6) To make recommendations on coordina- into a contract with an appropriate inde- Florida, an amount not to exceed $4,686,000. tion with State and local agencies and rel- pendent entity to conduct the study required (9) For an outpatient clinic, Hampton evant nonprofit organizations on maximizing by subsection (a). Roads, Virginia, an amount not to exceed the use and effectiveness of resources for (d) PERIOD SPECIFIED.—The period specified $18,124,000. caregivers of veterans. in this subsection is the one-year period be- (10) For research space, Mission Bay, Cali- (d) REPORTS.— ginning on the date that is four years after fornia, an amount not to exceed $23,454,000. (1) ANNUAL REPORT TO SECRETARY.— the date specified in section 1720G(a)(2)(B)(i) (11) For an outpatient clinic, Missoula, (A) IN GENERAL.—Not later than September of title 38, United States Code, as amended Montana, an amount not to exceed $7,130,000. 1, 2017, and not less frequently than annually by section 1097M(a)(1) of this Act. (12) For an outpatient clinic, Northern Col- thereafter until the termination date speci- (e) REPORT.—Not later than 30 days after orado, Colorado, an amount not to exceed fied in subsection (e), the Chair of the Com- the end of the period specified in subsection $8,776,000. mittee shall submit to the Secretary a re- (d), the Secretary shall submit to the Com- (13) For an outpatient clinic, Ocala, Flor- port on policies and services of the Depart- mittee on Veterans’ Affairs of the Senate ida, an amount not to exceed $5,279,000. ment of Veterans Affairs relating to care- and the Committee on Veterans’ Affairs of (14) For an outpatient clinic, Oxnard, Cali- givers of veterans. the House of Representatives a report on the fornia, an amount not to exceed $6,297,000. (B) ELEMENTS.—Each report required by results of the study required by subsection (15) For an outpatient clinic, Pike County, subparagraph (A) shall include the following: (a). Georgia, an amount not to exceed $5,757,000.

VerDate Sep 11 2014 04:04 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.063 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3767 (16) For an outpatient clinic, Portland, provide services that principally benefit vet- fixed guideway facilities and transportation Maine, an amount not to exceed $6,846,000. erans and their families and that are limited centers; and (17) For an outpatient clinic, Raleigh, to one or more of the following purposes: (B) the State of California, County of Los North Carolina, an amount not to exceed (A) The promotion of health and wellness, Angeles, City of Los Angeles, or any agency $21,607,000. including nutrition and spiritual wellness. or political subdivision thereof, or any pub- (18) For an outpatient clinic, Santa Rosa, (B) Education. lic utility company (including any company California, an amount not to exceed (C) Vocational training, skills building, or providing electricity, gas, water, sewage, or $6,498,000. other training related to employment. telecommunication services to the public) (19) For a replacement outpatient clinic, (D) Peer activities, socialization, or phys- for the purpose of providing such public util- Corpus Christi, Texas, an amount not to ex- ical recreation. ities. ceed $7,452,000. (E) Assistance with legal issues and Fed- (2) IMPROVEMENTS.—Any improvements (20) For a replacement outpatient clinic, eral benefits. proposed pursuant to an easement or right- Jacksonville, Florida, an amount not to ex- (F) Volunteerism. of-way authorized under paragraph (1) shall ceed $18,136,000. (G) Family support services, including be subject to such terms and conditions as (21) For a replacement outpatient clinic, child care. the Secretary considers appropriate. Pontiac, Michigan, an amount not to exceed (H) Transportation. (3) TERMINATION.—Any easement or right- $4,532,000. (I) Services in support of one or more of of-way authorized under paragraph (1) shall (22) For a replacement outpatient clinic, the purposes specified in subparagraphs (A) be terminated upon the abandonment or non- phase II, Rochester, New York, an amount through (H). use of the easement or right-of-way and all not to exceed $6,901,000. (3) A lease of real property for a term not right, title, and interest in the land covered (23) For a replacement outpatient clinic, to exceed 10 years to The Regents of the Uni- by the easement or right-of-way shall revert Tampa, Florida, an amount not to exceed versity of California, a corporation organized to the United States. $10,568,000. under the laws of the State of California, on (f) PROHIBITION ON SALE OF PROPERTY.— (24) For a replacement outpatient clinic, behalf of its University of California, Los Notwithstanding section 8164 of title 38, Terre Haute, Indiana, an amount not to ex- Angeles (UCLA) campus (hereinafter in this United States Code, the Secretary may not ceed $4,475,000. section referred to as ‘‘The Regents’’), if— sell or otherwise convey to a third party fee simple title to any real property or improve- SEC. 1097T. AUTHORIZATION OF APPROPRIA- (A) the lease is consistent with the master TIONS. plan described in subsection (g); ments to real property made at the Campus. (g) CONSISTENCY WITH MASTER PLAN.—The (a) AUTHORIZATION OF APPROPRIATIONS FOR (B) the provision of services to veterans is Secretary shall ensure that each lease car- CONSTRUCTION.—There is authorized to be ap- the predominant focus of the activities of ried out under this section is consistent with propriated to the Secretary of Veterans Af- The Regents at the Campus during the term the draft master plan approved by the Sec- of the lease; fairs for fiscal year 2016 or the year in which retary on January 28, 2016, or successor mas- (C) The Regents expressly agrees to pro- funds are appropriated for the Construction, ter plans. vide, during the term of the lease and to an Major Projects, account $1,915,600,000 for the (h) COMPLIANCE WITH CERTAIN LAWS.— extent and in a manner that the Secretary projects authorized in section 1097R. (1) LAWS RELATING TO LEASES AND LAND considers appropriate, additional services (b) AUTHORIZATION OF APPROPRIATIONS FOR USE.—If the Inspector General of the Depart- MEDICAL FACILITY LEASES.—There is author- and support (for which The Regents is not ment of Veterans Affairs determines, as part ized to be appropriated to the Secretary of compensated by the Secretary or through an of an audit report or evaluation conducted Veterans Affairs for fiscal year 2016 or the existing medical affiliation agreement) by the Inspector General, that the Depart- year in which funds are appropriated for the that— ment is not in compliance with all Federal Medical Facilities account $190,954,000 for the (i) principally benefit veterans and their laws relating to leases and land use at the leases authorized in section 1097S. families, including veterans who are severely Campus, or that significant mismanagement (c) LIMITATION.—The projects authorized in disabled, women, aging, or homeless; and has occurred with respect to leases or land section 1097R may only be carried out (ii) may consist of activities relating to use at the Campus, the Secretary may not using— the medical, clinical, therapeutic, dietary, enter into any lease or land-sharing agree- (1) funds appropriated for fiscal year 2016 rehabilitative, legal, mental, spiritual, phys- ment at the Campus, or renew any such lease pursuant to the authorization of appropria- ical, recreational, research, and counseling or land-sharing agreement that is not in tions in subsection (b); needs of veterans and their families or any of compliance with such laws, until the Sec- (2) funds available for Construction, Major the purposes specified in any of subpara- retary certifies to the Committee on Vet- Projects, for a fiscal year before fiscal year graphs (A) through (I) of paragraph (2); and erans’ Affairs of the Senate, the Committee 2016 that remain available for obligation; (D) The Regents maintains records docu- on Veterans’ Affairs of the House of Rep- (3) funds available for Construction, Major menting the value of the additional services resentatives, and each Member of the Senate Projects, for a fiscal year after fiscal year and support that The Regents provides pur- and the House of Representatives who rep- 2016 that remain available for obligation; suant to subparagraph (C) for the duration of resents the area in which the Campus is lo- (4) funds appropriated for Construction, the lease and makes such records available cated that all recommendations included in Major Projects, for fiscal year 2016 for a cat- to the Secretary. the audit report or evaluation have been im- egory of activity not specific to a project; (c) LIMITATION ON LAND-SHARING AGREE- plemented. (5) funds appropriated for Construction, MENTS.—The Secretary may not carry out (2) COMPLIANCE OF PARTICULAR LEASES.— Major Projects, for a fiscal year before fiscal any land-sharing agreement pursuant to sec- Except as otherwise expressly provided by year 2016 for a category of activity not spe- tion 8153 of title 38, United States Code, at this section, no lease may be entered into or cific to a project; and the Campus unless such agreement— renewed under this section unless the lease (6) funds appropriated for Construction, (1) provides additional health-care re- complies with chapter 33 of title 41, United Major Projects, for a fiscal year after fiscal sources to the Campus; and States Code, and all Federal laws relating to year 2016 for a category of activity not spe- (2) benefits veterans and their families environmental and historic preservation. cific to a project. other than from the generation of revenue (i) COMMUNITY VETERANS ENGAGEMENT Subpart B—Leases at Department of for the Department of Veterans Affairs. BOARD.— Veterans Affairs West Los Angeles Campus (d) REVENUES FROM LEASES AT THE CAM- (1) IN GENERAL.—Not later than 180 days PUS SEC. 1097U. AUTHORITY TO ENTER INTO CERTAIN .—Any funds received by the Secretary after the date of the enactment of this Act, LEASES AT THE DEPARTMENT OF under a lease described in subsection (b) the Secretary shall establish a Community VETERANS AFFAIRS WEST LOS AN- shall be credited to the applicable Depart- Veterans Engagement Board (in this sub- GELES CAMPUS. ment medical facilities account and shall be section referred to as the ‘‘Board’’) for the (a) IN GENERAL.—The Secretary of Vet- available, without fiscal year limitation and Campus to coordinate locally with the De- erans Affairs may carry out leases described without further appropriation, exclusively partment of Veterans Affairs to— in subsection (b) at the Department of Vet- for the renovation and maintenance of the (A) identify the goals of the community; erans Affairs West Los Angeles Campus in land and facilities at the Campus. and Los Angeles, California (hereinafter in this (e) EASEMENTS.— (B) provide advice and recommendations to section referred to as the ‘‘Campus’’). (1) IN GENERAL.—Notwithstanding any the Secretary to improve services and out- (b) LEASES DESCRIBED.—Leases described in other provision of law (other than Federal comes for veterans, members of the Armed this subsection are the following: laws relating to environmental and historic Forces, and the families of such veterans and (1) Any enhanced-use lease of real property preservation), pursuant to section 8124 of members. under subchapter V of chapter 81 of title 38, title 38, United States Code, the Secretary (2) MEMBERS.—The Board shall be com- United States Code, for purposes of providing may grant easements or rights-of-way on, prised of a number of members that the Sec- supportive housing, as that term is defined above, or under lands at the Campus to— retary determines appropriate, of which not in section 8161(3) of such title, that prin- (A) any local or regional public transpor- less than 50 percent shall be veterans. The cipally benefit veterans and their families. tation authority to access, construct, use, nonveteran members shall be family mem- (2) Any lease of real property for a term operate, maintain, repair, or reconstruct bers of veterans, veteran advocates, service not to exceed 50 years to a third party to public mass transit facilities, including, providers, or stakeholders.

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(3) COMMUNITY INPUT.—In carrying out sub- tinct from the intended benefit to veterans the petitioner’s employees are non- paragraphs (A) and (B) of paragraph (1), the and their families; and immigrants described in subparagraph Board shall— (2) excludes services in which the only ben- (H)(1)(b) or (L) of section 101(a)(15) of such (A) provide the community opportunities efit to veterans and their families is the gen- Act.’’. to collaborate and communicate with the eration of revenue for the Department of (b) EFFECTIVE DATES.—The amendments Board, including by conducting public fo- Veterans Affairs. made by subsection (a)— rums on the Campus; and (m) CONFORMING AMENDMENTS.— (1) shall take effect on the date that is 30 (B) focus on local issues regarding the De- (1) PROHIBITION ON DISPOSAL OF PROP- days after the date of the enactment of this partment that are identified by the commu- ERTY.—Section 224(a) of the Military Con- Act; and nity, including with respect to health care, struction and Veterans Affairs and Related (2) shall apply to any petition filed during benefits, and memorial services at the Cam- Agencies Appropriations Act, 2008 (Public the period beginning on such effective date pus. Law 110–161; 121 Stat. 2272) is amended by and ending on September 30, 2025. (j) NOTIFICATION AND REPORTS.— striking ‘‘The Secretary of Veterans Affairs’’ (1) CONGRESSIONAL NOTIFICATION.—With re- and inserting ‘‘Except as authorized under spect to each lease or land-sharing agree- section 1097U of the National Defense Au- ment intended to be entered into or renewed SA 4659. Mr. FRANKEN submitted an thorization Act for Fiscal Year 2017, the Sec- amendment intended to be proposed by at the Campus, the Secretary shall notify retary of Veterans Affairs’’. him to the bill S. 2943, to authorize ap- the Committee on Veterans’ Affairs of the (2) ENHANCED-USE LEASES.—Section 8162(c) Senate, the Committee on Veterans’ Affairs of title 38, United States Code, is amended by propriations for fiscal year 2017 for of the House of Representatives, and each inserting ‘‘, other than an enhanced-use military activities of the Department Member of the Senate and the House of Rep- lease under section 1097U of the National De- of Defense, for military construction, resentatives who represents the area in fense Authorization Act for Fiscal Year and for defense activities of the De- which the Campus is located of the intent of 2017,’’ before ‘‘shall be considered’’. partment of Energy, to prescribe mili- the Secretary to enter into or renew the PART V—OTHER VETERANS MATTERS lease or land-sharing agreement not later tary personnel strengths for such fiscal than 45 days before entering into or renewing SEC. 1097V. CLARIFICATION OF PRESUMPTIONS year, and for other purposes; which was the lease or land-sharing agreement. OF EXPOSURE FOR VETERANS WHO ordered to lie on the table; as follows: SERVED IN VICINITY OF REPUBLIC (2) ANNUAL REPORT.—Not later than one OF VIETNAM. At the end of subtitle I of title X, add the year after the date of the enactment of this (a) COMPENSATION.—Subsections (a)(1) and following: Act, and not less frequently than annually (f) of section 1116 of title 38, United States thereafter, the Secretary shall submit to the Code, are amended by inserting ‘‘(including SEC. ll. REPORTING REQUIREMENTS REGARD- ING OIL WELL AND PETRO- Committee on Veterans’ Affairs of the Sen- its territorial seas)’’ after ‘‘served in the Re- ate, the Committee on Veterans’ Affairs of CHEMICAL MANUFACTURING PLANT public of Vietnam’’ each place it appears. SAFETY. the House of Representatives, and each Mem- (b) HEALTH CARE.—Section 1710(e)(4) of ber of the Senate and the House of Rep- such title is amended by inserting ‘‘(includ- (a) REPORTING OIL AND GAS PRODUCTION resentatives who represents the area in ing its territorial seas)’’ after ‘‘served on ac- SAFETY INFORMATION.—Each issuer that is which the Campus is located an annual re- tive duty in the Republic of Vietnam’’. required to file reports pursuant to section port evaluating all leases and land-sharing (c) EFFECTIVE DATE.—The amendments 13(a) or 15(d) of the Securities Exchange Act agreements carried out at the Campus, in- made by subsections (a) and (b) shall take ef- of 1934 (15 U.S.C. 78m, 78o) and that is an op- cluding— fect as if enacted on September 25, 1985. erator, or that has a subsidiary that is an op- (A) an evaluation of the management of PART VI—OTHER MATTERS erator, of an oil well or petrochemical manu- the revenue generated by the leases; and facturing plant shall include, in each peri- (B) the records described in subsection SEC. 1097W. TEMPORARY VISA FEE FOR EMPLOY- odic report filed with the Securities and Ex- (b)(3)(D). ERS WITH MORE THAN 50 PERCENT FOREIGN WORKFORCE. change Commission under the securities laws (3) INSPECTOR GENERAL REPORT.— on or after the date of enactment of this Act, (a) IN GENERAL.—Section 411 of the Air (A) IN GENERAL.—Not later than each of the following information for the time pe- Transportation Safety and System Stabiliza- two years and five years after the date of the riod covered by such report: tion Act (49 U.S.C. 40101 note), as added by enactment of this Act, and as determined (1) For each oil well or petrochemical man- section 402(g) of the James Zadroga 9/11 Vic- necessary by the Inspector General of the ufacturing plant of which the issuer or a sub- tim Compensation Fund Reauthorization Act Department of Veterans Affairs thereafter, sidiary of the issuer is an operator— (title IV of division O of Public Law 114–113), the Inspector General shall submit to the (A) the total number of serious violations is amended— Committee on Veterans’ Affairs of the Sen- of mandatory health or safety standards at (1) by amending to section heading to read ate, the Committee on Veterans’ Affairs of an oil well or petrochemical manufacturing as follows: ‘‘TEMPORARY VISA FEE FOR EMPLOY- the House of Representatives, and each Mem- plant safety, including health hazards under ERS WITH MORE THAN 50 PERCENT FOREIGN ber of the Senate and the House of Rep- section 9 of the Occupational Safety and WORKFORCE’’; and resentatives who represents the area in Health Act of 1970; (2) by striking subsections (a) and (b) and which the Campus is located a report on all (B) the total number of citations issued in- inserting the following: leases carried out at the Campus and the cluding serious, willful and repeated viola- management by the Department of the use of ‘‘(a) TEMPORARY L VISA FEE INCREASE.— Notwithstanding section 281 of the Immigra- tions under section 5 of the Occupational land at the Campus, including an assessment Safety and Health Act of 1970; of the efforts of the Department to imple- tion and Nationality Act (8 U.S.C. 1351) or any other provision of law, the filing fee re- (C) the total dollar value of proposed pen- ment the master plan described in subsection alties under the Occupational Safety and (g) with respect to the Campus. quired to be submitted with a petition filed under section 101(a)(15)(L) of the Immigra- Health Act of 1970; and (B) CONSIDERATION OF ANNUAL REPORT.—In tion and Nationality Act (8 U.S.C. (D) the total number of oil well or petro- preparing each report required by subpara- chemical manufacturing plant related fatali- graph (A), the Inspector General shall take 1101(a)(15)(L)), except for an amended peti- tion without an extension of stay request, ties. into account the most recent report sub- (2) A list of oil wells or petrochemical mitted to Congress by the Secretary under shall be increased by $4,500 for petitioners that employ 50 or more employees in the manufacturing plants of which the issuer or paragraph (2). a subsidiary of the issuer is an operator, that (k) RULE OF CONSTRUCTION.—Nothing in United States if more than 50 percent of the petitioner’s employees are nonimmigrants receive written notice from the Occupational this section shall be construed as a limita- Safety and Health Administration of willful, tion on the authority of the Secretary to described in subparagraph (H)(1)(b) or (L) of section 101(a)(15) of such Act. This fee shall serious and repeated violations of mandatory enter into other agreements regarding the health or safety standards at an oil well or Campus that are authorized by law and not also apply to petitioners described in this subsection who file an individual petition on petrochemical manufacturing plant health, inconsistent with this section. including safety hazards under section 9 of (l) PRINCIPALLY BENEFIT VETERANS AND the basis of an approved blanket petition. the Occupational Safety and Health Act of THEIR FAMILIES DEFINED.—In this section the ‘‘(b) TEMPORARY H-1B VISA FEE INCREASE.— 1970. term ‘‘principally benefit veterans and their Notwithstanding section 281 of the Immigra- (3) Any pending legal action before the Oc- families’’, with respect to services provided tion and Nationality Act (8 U.S.C. 1351) or by a person or entity under a lease of prop- any other provision of law, the filing fee re- cupational Safety and Health Review Com- erty or land-sharing agreement— quired to be submitted with a petition under mission involving such oil well or a petro- (1) means services— section 101(a)(15)(H)(i)(b) of the Immigration chemical manufacturing plant. (A) provided exclusively to veterans and and Nationality Act (8 U.S.C. (b) REPORTING SHUTDOWNS AND PATTERNS their families; or 1101(a)(15)(H)(i)(b)), except for an amended OF VIOLATIONS.—Beginning on and after the (B) that are designed for the particular petition without an extension of stay re- date of enactment of this Act, each issuer needs of veterans and their families, as op- quest, shall be increased by $4,000 for peti- that is an operator, or that has a subsidiary posed to the general public, and any benefit tioners that employ 50 or more employees in that is an operator, of an oil well or petro- of those services to the general public is dis- the United States if more than 50 percent of chemical manufacturing plant shall file a

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(1) The receipt of a citation issued under including al Qaeda in the Arabian Peninsula (b) SENSE OF SENATE.—It is the sense of the section 5 of the Occupational Safety and and affiliates of the Islamic State of Iraq and Senate that— Health Act of 1970. the Levant; and (1) the future trajectory of security and (2) The receipt of a citation from the Occu- (3) the Houthi-Saleh forces engaged in the stability in Afghanistan relies significantly pational Safety and Health Administration conflict in Yemen should— upon the continued support of the United that the oil well or petrochemical manufac- (A) cease indiscriminate shelling of areas States and coalition partners; turing plant has— inhabited by civilians; and (2) adjustments to United States and coali- (A) willfully or repeatedly violated manda- (B) allow free access by humanitarian re- tion force levels in Afghanistan should be tory health or safety standards at an oil well lief organizations seeking to deliver aid to conditions-based and made with all due con- or petrochemical manufacturing plant civilian populations under siege. sideration to the assessment and advice of health or safety hazards under such Act; or military commanders on the ground; (B) the potential to have such a pattern. SA 4661. Mr. GRAHAM (for himself (3) decisions on United States and coalition (c) RULE OF CONSTRUCTION.—Nothing in and Mr. MCCAIN) submitted an amend- force levels in Afghanistan should take into this section shall be construed to affect any ment intended to be proposed by him account the capabilities required to preserve obligation of a person to make a disclosure to the bill S. 2943, to authorize appro- and promote the hard-fought gains achieved under any other applicable law in effect be- over the last 15 years; fore, on, or after the date of enactment of priations for fiscal year 2017 for mili- (4) any decisions with regard to changes in this Act. tary activities of the Department of United States force levels in Afghanistan (d) COMMISSION AUTHORITY.— Defense, for military construction, and should be determined in a timely manner (1) ENFORCEMENT.—A violation by any per- for defense activities of the Depart- and communicated to allies and partners to son of this section, or any rule or regulation ment of Energy, to prescribe military afford adequate planning and force genera- of the Commission issued under this section, personnel strengths for such fiscal tion lead times; shall be treated for all purposes in the same year, and for other purposes; which was (5) the United States should continue its manner as a violation of the Securities Ex- ordered to lie on the table; as follows: efforts to train and advise the Afghan Na- change Act of 1934 (15 U.S.C. 78a et seq.) or tional Defense and Security Forces (ANDSF) the rules and regulations issued thereunder, At the end of subtitle B of title XII, add in warfighting functions so that they are ca- consistent with the provisions of this sec- the following: pable of defending their country and ensur- tion, and any such person shall be subject to SEC. 1216. SENSE OF SENATE ON THE CRITICAL ing that Afghanistan never again becomes a the same penalties, and to the same extent, IMPORTANCE OF THE ADVICE OF terrorist safe-haven for groups like the as for a violation of such Act or the rules or MILITARY COMMANDERS TO EN- Taliban, al Qaeda, and the Islamic State of regulations issued thereunder. SURE FORCE LEVELS IN AFGHANI- STAN AFTER 2016 ARE CONDITIONS- Iraq and the Levant (ISIL); (2) RULES AND REGULATIONS.—The Securi- BASED. (6) the United States should continue, in ties and Exchange Commission is authorized (a) FINDING.—The Senate makes the fol- partnership with the Afghan National De- to issue such rules or regulations as are nec- lowing findings: fense and Security Forces and conducting essary or appropriate for the protection of (1) The United States vowed to hold those counterterrorism operations to address investors and to carry out the purposes of responsible for the September 11, 2001, ter- threats to the national security interests of this section. rorist attacks accountable, and seeks to en- the United States and the security of Af- (e) DEFINITIONS.—In this section— sure that terrorists never again use Afghan ghanistan; (1) the terms ‘‘issuer’’ and ‘‘securities soil to plot an attack on another country. (7) the decision of the President in October laws’’ have the meaning given the terms in (2) Following the terrorist attacks of Sep- 2015 to continue the missions of training, ad- section 3 of the Securities Exchange Act of tember 11, 2001, the United States decisively vising, and assisting the Afghan National 1934 (15 U.S.C. 78c); expelled the Taliban from control of Afghan- Defense and Security Forces and conducting (2) the term ‘‘operator of an oil well’’ shall istan and sought to promote a multilateral counterterrorism operations while maintain- refer to the North American Industry Classi- agenda to support the stabilization and re- ing the associated United States force level fication System code 213111; and construction of Afghanistan by rebuilding its of 9,800 troops in Afghanistan was in the na- (3) the term ‘‘petrochemical manufac- institutions and economy. tional security interests of the United turing plant shall refer to any entity as- (3) The United States and Afghanistan States; and signed North American Industry Classifica- signed a Bilateral Security Agreement (BSA) (8) Congress should support the President tion System code 213112, 324, or 32511. on September 30, 2014, that provides for an if the President decides to adjust current (f) EFFECTIVE DATE.—This section shall enduring commitment between the Govern- plans based on conditions on the ground by take effect on the day that is 30 days after ment of the United States and the Govern- continuing robust missions to train, advise, the date of enactment of this Act. ment of Afghanistan to enhance the ability and assist the Afghan National Defense and Security Forces and conduct counterter- SA 4660. Mr. MURPHY (for himself of the Government of Afghanistan to deter internal and external threats against its sov- rorism operations and maintain the nec- and Mr. PAUL) submitted an amend- ereignty. essary level of United States forces in Af- ment intended to be proposed by him (4) The United States and its coalition ghanistan. to the bill S. 2943, to authorize appro- partners remain in Afghanistan at the invi- priations for fiscal year 2017 for mili- tation of the National Unity Government. SA 4662. Mrs. MURRAY submitted an tary activities of the Department of (5) Continued political and economic amendment intended to be proposed by Defense, for military construction, and progress in Afghanistan is contingent upon her to the bill S. 2943, to authorize ap- for defense activities of the Depart- the security of the country and the safety of propriations for fiscal year 2017 for ment of Energy, to prescribe military its people. military activities of the Department (6) Since the beginning of 2016, senior mili- of Defense, for military construction, personnel strengths for such fiscal tary commanders, including the current year, and for other purposes; which was and for defense activities of the De- Commander of Resolute Support and United partment of Energy, to prescribe mili- ordered to lie on the table; as follows: States Forces-Afghanistan, General John W. At the end of subtitle H of title XII, add Nicholson Jr. and the current Commander of tary personnel strengths for such fiscal the following: United States Central Command, General Jo- year, and for other purposes; which was SEC. 1277. SENSE OF CONGRESS ON THE CON- seph L. Votel, the senior military com- ordered to lie on the table; as follows: FLICT IN YEMEN. manders closest to the fight, have testified At the end of subtitle H of title V, add the It is the sense of Congress that— that the security situation in Afghanistan is following: (1) all sides to the current conflict in deteriorating, and that they support a with- SEC. 597. MILITARY APPRENTICESHIP PRO- Yemen should— drawal of United States forces from Afghani- GRAMS. (A) abide by international obligations to stan only when conditions warrant. (a) PROMOTION REQUIRED.—The Secretary protect civilians; (7) In the first three months of 2016, the of Defense, in consultation with the Sec- (B) facilitate the delivery of humanitarian United Nations reported that Afghanistan retary of Labor, shall promote the enhance- relief throughout the country; and documented 600 civilian deaths and 1,343 ment and implementation of military ap- (C) respect negotiated cease-fires and work wounded, with almost one-third of the cas- prenticeship programs that provide an oppor- toward a lasting political settlement; ualties being children. tunity for members of the Armed Forces to (2) United States-supported Saudi military (8) The Islamic State of Iraq and the Le- improve their job skills and obtain certifi- operations in Yemen should— vant (ISIL) has metastasized beyond the bor- cates of completion for such apprenticeship

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programs while such members are on active ‘‘(b) ELIGIBLE VETERANS.—A veteran is an section 1905(l)(2)(B) of the Social Security duty. The Secretary of Defense also shall eligible veteran for purposes of this section Act (42 U.S.C. 1396d(l)(2)(B))). promote connections between military train- if— ‘‘(C) Any health care provider of the De- ing, education, and transition activities and ‘‘(1) the veteran is enrolled in the patient partment of Defense. registered apprenticeship programs in order enrollment system of the Department estab- ‘‘(D) Any health care provider of the Indian to improve employment outcomes for vet- lished and operated under section 1705 of this Health Service. erans and help ready-to-hire employers con- title; and ‘‘(E) Any health care provider of an aca- nect to this skilled workforce. ‘‘(2)(A) the veteran is unable to schedule an demic affiliate of the Department of Vet- (b) VOLUNTARY GOALS.—In carrying out appointment for the receipt of hospital care erans Affairs. subsection (a), the Secretary of Defense shall or medical services from a health care pro- ‘‘(F) Any health care provider of a health establish voluntary goals for each Armed vider of the Department within the lesser system established to serve Alaska Natives. Force relating to the following: of— ‘‘(G) Any other health care provider that (1) The number of members participating ‘‘(i) the wait-time goals of the Veterans meets criteria established by the Secretary in activities relating to military apprentice- Health Administration for such care or serv- for purposes of this section. ships prior to separation from active duty. ices; or ‘‘(3) CHOICE OF PROVIDER.—An eligible vet- (2) The establishment of partnerships with ‘‘(ii) a period determined by a health care eran who makes an election under subsection apprenticeship programs, including reg- provider of the Department to be clinically (d) to receive hospital care or medical serv- istered apprenticeship programs, through the necessary for the receipt of such care or ices under this section may select a provider United Services Military Apprenticeship services; of such care or services from among the Program, Skill Bridge programs, the Transi- ‘‘(B) the veteran does not reside within 40 health care providers specified in paragraph tion Assistance Program, tuition assistance miles driving distance from a medical facil- (2) that are accessible to the veteran. programs, and other appropriate mecha- ity of the Department, including a commu- ‘‘(4) ELIGIBILITY.—To be eligible to furnish nisms. nity-based outpatient clinic, with a full-time care or services under this section, a health (3) The number of veterans entering ap- primary care physician; care provider must— prenticeship programs, including registered ‘‘(C) the veteran— ‘‘(A) maintain at least the same or similar apprenticeship programs, upon separation ‘‘(i) resides in a State without a medical credentials and licenses as those credentials from active duty. facility of the Department that provides— and licenses that are required of health care (c) BIENNIAL REPORT.—The Secretary of ‘‘(I) hospital care; providers of the Department, as determined Defense shall submit to the appropriate com- ‘‘(II) emergency medical services; and by the Secretary for purposes of this section; mittees of the Congress on a biennial basis a ‘‘(III) surgical care rated by the Secretary and report describing the activities undertaken ‘‘(B) submit, not less frequently than annu- pursuant to this section, including the as having a surgical complexity of standard; and ally, verification of such licenses and creden- progress in achieving the voluntary goals es- tials maintained by such health care pro- tablished under subsection (b). ‘‘(ii) does not reside within 20 miles driving distance from a medical facility of the De- vider. partment described in clause (i); ‘‘(5) TIERED NETWORK.— SA 4663. Mr. BLUMENTHAL sub- ‘‘(A) IN GENERAL.—To promote the provi- ‘‘(D) the veteran faces an unusual or exces- mitted an amendment intended to be sion of high-quality and high-value health sive burden in accessing hospital care or proposed to amendment SA 4636 sub- care under this section, the Secretary may medical services from a medical facility of mitted by Mr. MCCAIN and intended to develop a tiered provider network of eligible the Department that is within 40 miles driv- providers based on criteria established by be proposed to the bill S. 2943, to au- ing distance from the residence of the vet- the Secretary for purposes of this section. thorize appropriations for fiscal year eran due to— ‘‘(B) EXCEPTION.—In developing a tiered 2017 for military activities of the De- ‘‘(i) geographical challenges; provider network of eligible providers under partment of Defense, for military con- ‘‘(ii) environmental factors, such as roads subparagraph (A), the Secretary may not that are not accessible to the general public, struction, and for defense activities of prioritize providers in a tier over providers the Department of Energy, to prescribe traffic, or hazardous weather; in any other tier in a manner that limits the military personnel strengths for such ‘‘(iii) a medical condition of the veteran choice of an eligible veteran in selecting an fiscal year, and for other purposes; that affects the ability to travel; or eligible provider under this section. ‘‘(iv) such other factors as determined by which was ordered to lie on the table; ‘‘(6) ALASKA NATIVE DEFINED.—In this sub- as follows: the Secretary; section, the term ‘Alaska Native’ means a ‘‘(E) the veteran resides in a location, Beginning on page 1 of the amendment, person who is a member of any Native vil- other than a location in Guam, American lage, Village Corporation, or Regional Cor- strike line 2 and all that follows through Samoa, or the Republic of the Philippines, page 20, line 6, and insert the following: poration, as those terms are defined in sec- that requires the veteran to travel by air, tion 3 of the Alaska Native Claims Settle- Subtitle J—Veterans Matters boat, or ferry to reach a medical facility of ment Act (43 U.S.C. 1602). PART I—VETERANS CHOICE PROGRAM the Department, including a community- ‘‘(d) ELECTION AND AUTHORIZATION.— SEC. 1097. ESTABLISHMENT OF VETERANS based outpatient clinic; ‘‘(1) IN GENERAL.—In the case of an eligible CHOICE PROGRAM. ‘‘(F) the veteran is enrolled in the pilot veteran described in subsection (b)(2)(A), the (a) ESTABLISHMENT OF PROGRAM.— program under section 403 of the Veterans’ Secretary shall, at the election of the vet- (1) IN GENERAL.—Subchapter I of chapter 17 Mental Health and Other Care Improvements eran— of title 38, United States Code, is amended by Act of 2008 (Public Law 110–387; 38 U.S.C. 1703 ‘‘(A) provide the veteran an appointment inserting after section 1703 the following new note) as of the date on which such pilot pro- that exceeds the wait-time goals described in section: gram terminates under such section; or such subsection or place such veteran on an ‘‘§ 1703A. Veterans Choice Program ‘‘(G) there is a compelling reason, as deter- electronic waiting list described in para- ‘‘(a) PROGRAM.— mined by the Secretary, that the veteran graph (2) for an appointment for hospital ‘‘(1) FURNISHING OF CARE.—Hospital care needs to receive hospital care or medical care or medical services the veteran has and medical services under this chapter shall services from a medical facility other than a elected to receive under this section; or be furnished to an eligible veteran described medical facility of the Department. ‘‘(B)(i) authorize that such care or services in subsection (b), at the election of such vet- ‘‘(c) ELIGIBLE PROVIDERS.— be furnished to the eligible veteran under eran, through contracts authorized under ‘‘(1) IN GENERAL.—A health care provider is this section; and subsection (e), or any other law administered an eligible provider for purposes of this sec- ‘‘(ii) notify the eligible veteran by the by the Secretary, with eligible providers de- tion if the health care provider is a health most effective means available, including scribed in subsection (c) for the furnishing of care provider specified in paragraph (2) and electronic communication or notification in such care and services to veterans. The fur- meets standards established by the Sec- writing, describing the care or services the nishing of hospital care and medical services retary for purposes of this section, including eligible veteran is eligible to receive under under this section may be referred to as the standards relating to education, certifi- this section. ‘Veterans Choice Program’. cation, licensure, training, and employment ‘‘(2) ELECTRONIC WAITING LIST.—The elec- ‘‘(2) COORDINATION OF CARE AND SERVICES.— history. tronic waiting list described in this para- The Secretary shall coordinate, through the ‘‘(2) HEALTH CARE PROVIDERS SPECIFIED.— graph shall be maintained by the Depart- Non-VA Care Coordination Program of the The health care providers specified in this ment and allow access by each eligible vet- Department, the furnishing of care and serv- paragraph are the following: eran via www.myhealth.va.gov or any suc- ices under this section to eligible veterans, ‘‘(A) Any health care provider that is par- cessor website (or other digital channel) for including by ensuring that an eligible vet- ticipating in the Medicare program under the following purposes: eran receives an appointment for such care title XVIII of the Social Security Act (42 ‘‘(A) To determine the place of such eligi- and services within the wait-time goals of U.S.C. 1395 et seq.), including any physician ble veteran on the waiting list. the Veterans Health Administration for the furnishing services under such program. ‘‘(B) To determine the average length of furnishing of hospital care and medical serv- ‘‘(B) Any health care provider of a Feder- time an individual spends on the waiting ices. ally-qualified health center (as defined in list, disaggregated by medical facility of the

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Department and type of care or service need- bursement models to promote the provision ‘‘(i) FOLLOW-UP CARE.—The Secretary shall ed, for purposes of allowing such eligible vet- of high-quality care. ensure that, at the election of an eligible eran to make an informed election under ‘‘(f) RESPONSIBILITY FOR COSTS OF CERTAIN veteran who receives hospital care or med- paragraph (1). CARE.—In any case in which an eligible vet- ical services from an eligible provider in an ‘‘(e) CARE AND SERVICES THROUGH CON- eran is furnished hospital care or medical episode of care under this section, the vet- TRACTS.— services under this section for a non-service- eran receives such care or services from that ‘‘(1) CONTRACTS.— connected disability described in subsection provider or another health care provider se- ‘‘(A) IN GENERAL.—Except as provided in (a)(2) of section 1729 of this title, the Sec- lected by the veteran, including a health subparagraph (B), the Secretary shall enter retary may recover or collect reasonable care provider of the Department, through into contracts with eligible providers for fur- charges for such care or services from a the completion of the episode of care, includ- nishing care and services to eligible veterans health-plan contract (as defined in sub- ing all specialty and ancillary services under this section. section (i) of such section 1729) in accordance deemed necessary as part of the treatment ‘‘(B) OTHER PROCESSES.—Before entering with such section 1729. recommended in the course of such care or into a contract under this paragraph, the services. ‘‘(g) VETERANS CHOICE CARD.— Secretary shall, to the maximum extent ‘‘(j) COST-SHARING.— ‘‘(1) IN GENERAL.—Except as provided in practicable and consistent with the require- ‘‘(1) IN GENERAL.—The Secretary shall re- paragraph (5), for purposes of receiving care ments of this section, furnish such care and quire an eligible veteran to pay a copayment and services under this section, the Sec- services to eligible veterans under this sec- for the receipt of care or services under this retary shall issue to each veteran described tion with eligible providers pursuant to shar- section only if such eligible veteran would be in subsection (b)(1) a card that may be pre- ing agreements, existing contracts entered required to pay a copayment for the receipt sented to a health care provider to facilitate into by the Secretary, or other processes of such care or services at a medical facility the receipt of care or services under this sec- available at medical facilities of the Depart- of the Department or from a health care pro- tion. ment. vider of the Department under this chapter. ‘‘(2) NAME OF CARD.—Each card issued ‘‘(C) CONTRACT DEFINED.—In this para- ‘‘(2) LIMITATION.—The amount of a copay- graph, the term ‘contract’ has the meaning under paragraph (1) shall be known as a ‘Vet- ment charged under paragraph (1) may not given that term in subpart 2.101 of the Fed- erans Choice Card’. exceed the amount of the copayment that eral Acquisition Regulation. ‘‘(3) DETAILS OF CARD.—Each Veterans would be payable by such eligible veteran for Choice Card issued to a veteran under para- ‘‘(2) RATES AND REIMBURSEMENT.— the receipt of such care or services at a med- graph (1) shall include the following: ‘‘(A) IN GENERAL.—In entering into a con- ical facility of the Department or from a tract under paragraph (1) with an eligible ‘‘(A) The name of the veteran. health care provider of the Department provider, the Secretary shall— ‘‘(B) An identification number for the vet- under this chapter. ‘‘(i) negotiate rates for the furnishing of eran that is not the social security number ‘‘(k) CLAIMS PROCESSING SYSTEM.— care and services under this section; and of the veteran. ‘‘(1) IN GENERAL.—The Secretary shall pro- ‘‘(ii) reimburse the provider for such care ‘‘(C) The contact information of an appro- vide for an efficient nationwide system for and services at the rates negotiated under priate office of the Department for health prompt processing and paying of bills or clause (i) as provided in such contract. care providers to confirm that care or serv- claims for authorized care and services fur- ‘‘(B) LIMIT ON RATES.— ices under this section are authorized for the nished to eligible veterans under this sec- ‘‘(i) IN GENERAL.—Except as provided in veteran. tion. clause (ii), and to the extent practicable, ‘‘(D) Contact information and other rel- ‘‘(2) ACCURACY OF PAYMENT.— rates negotiated under subparagraph (A)(i) evant information for the submittal of ‘‘(A) IN GENERAL.—The Secretary shall en- shall not be more than the rates paid by the claims or bills for the furnishing of care or sure that such system meets such goals for United States to a provider of services (as services under this section. accuracy of payment as the Secretary shall defined in section 1861(u) of the Social Secu- ‘‘(E) The following statement: ‘This card is specify for purposes of this section. rity Act (42 U.S.C. 1395x(u))) or a supplier (as for qualifying medical care outside the De- ‘‘(B) ANNUAL REPORT.— defined in section 1861(d) of such Act (42 partment of Veterans Affairs. Please call the ‘‘(i) IN GENERAL.—Not less frequently than U.S.C. 1395x(d))) under the Medicare program Department of Veterans Affairs phone num- annually, the Secretary shall submit to the under title XVIII of the Social Security Act ber specified on this card to ensure that Committee on Veterans’ Affairs of the Sen- (42 U.S.C. 1395 et seq.) for the same care or treatment has been authorized.’. ate and the Committee on Veterans’ Affairs services. ‘‘(4) INFORMATION ON USE OF CARD.—Upon of the House of Representatives a report on ‘‘(ii) EXCEPTIONS.— issuing a Veterans Choice Card to a veteran, the accuracy of such system. ‘‘(I) IN GENERAL.—The Secretary may nego- the Secretary shall provide the veteran with ‘‘(ii) ELEMENTS.—Each report required by tiate a rate that is more than the rate paid information clearly stating the cir- clause (i) shall include the following: by the United States as described in clause cumstances under which the veteran may be ‘‘(I) A description of the goals for accuracy (i) with respect to the furnishing of care or eligible for care or services under this sec- for such system specified by the Secretary services under this section to an eligible vet- tion. under subparagraph (A). eran who resides in a highly rural area. ‘‘(5) PREVIOUS PROGRAM.—A Veterans ‘‘(II) An assessment of the success of the ‘‘(II) OTHER EXCEPTIONS.— Choice Card issued under section 101 of the Department in meeting such goals during ‘‘(aa) ALASKA.—With respect to furnishing Veterans Access, Choice, and Accountability the year covered by the report. care or services under this section in Alaska, Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 ‘‘(l) DISCLOSURE OF INFORMATION.—For pur- the Alaska Fee Schedule of the Department note), as in effect on the day before the date poses of section 7332(b)(1) of this title, an election by an eligible veteran to receive shall be followed, except for when another of the enactment of the National Defense care or services under this section shall payment agreement, including a contract or Authorization Act for Fiscal Year 2017, shall serve as written consent for the disclosure of provider agreement, is in place, in which be sufficient for purposes of receiving care information to health care providers for pur- case rates for reimbursement shall be set and services under this section and the Sec- poses of treatment under this section. retary is not required to reissue a Veterans forth under such payment agreement. ‘‘(m) MEDICAL RECORDS.— Choice Card under paragraph (1) to any vet- ‘‘(bb) OTHER STATES.—With respect to care ‘‘(1) IN GENERAL.—The Secretary shall en- or services furnished under this section in a eran that has such a card issued under such sure that any eligible provider that furnishes State with an All-Payer Model Agreement in section 101. care or services under this section to an eli- effect under the Social Security Act (42 ‘‘(h) INFORMATION ON AVAILABILITY OF gible veteran submits to the Department a U.S.C. 301 et seq.), the Medicare payment CARE.—The Secretary shall provide informa- copy of any medical record related to the rates under clause (i) shall be calculated tion to a veteran about the availability of care or services provided to such veteran by based on the payment rates under such care and services under this section in the such provider for inclusion in the electronic agreement. following circumstances: medical record of such veteran maintained ‘‘(III) HIGHLY RURAL AREA DEFINED.—In this ‘‘(1) When the veteran enrolls in the pa- by the Department upon the completion of clause, the term ‘highly rural area’ means an tient enrollment system of the Department the provision of such care or services to such area located in a county that has fewer than established and operated under section 1705 veteran. seven individuals residing in that county per of this title. ‘‘(2) ELECTRONIC FORMAT.—Any medical square mile. ‘‘(2) When the veteran attempts to sched- record submitted to the Department under ‘‘(C) LIMIT ON COLLECTION.—For the fur- ule an appointment for the receipt of hos- paragraph (1) shall, to the extent possible, be nishing of care or services pursuant to a con- pital care or medical services from the De- in an electronic format. tract under paragraph (1), an eligible pro- partment but is unable to schedule an ap- ‘‘(n) RECORDS NOT REQUIRED FOR REIM- vider may not collect any amount that is pointment within the wait-time goals of the BURSEMENT.—With respect to care or services greater than the rate negotiated pursuant to Veterans Health Administration for the fur- furnished to an eligible veteran by an eligi- subparagraph (A)(i). nishing of such care or services. ble provider under this section, the receipt ‘‘(D) VALUE-BASED REIMBURSEMENT.—In ne- ‘‘(3) When the veteran becomes eligible for by the Department of a medical record under gotiating rates for the furnishing of care and hospital care or medical services under this subsection (m) detailing such care or serv- services under this section, the Secretary section under subparagraph (B), (C), (D), (E), ices is not required before reimbursing the may incorporate the use of value-based reim- (F), or (G) of subsection (b)(2). provider for such care or services.

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‘‘(o) TRACKING OF MISSED APPOINTMENTS.— (v) eligible veterans described in sub- sion of high-quality care to improve health The Secretary shall implement a mechanism section (b)(2)(E) of such section; outcomes and the experience of care for vet- to track any missed appointments for care or (vi) eligible veterans described in sub- erans; and services under this section by eligible vet- section (b)(2)(F) of such section; and (v) be consistent with prompt payment erans to ensure that the Department does (vii) eligible veterans described in sub- standards required of Federal agencies under not pay for such care or services that were section (b)(2)(G) of such section. chapter 39 of title 31, United States Code. not furnished to an eligible veteran. (B) A description of the types of care and (2) INAPPLICABILITY TO CERTAIN CARE.—The ‘‘(p) RULE OF CONSTRUCTION.—Nothing in services furnished to veterans under such criteria and standards established under this section shall be construed to alter the section. paragraph (1) shall not apply to care or serv- process of the Department for filling and (C) An accounting of the total cost of fur- ices furnished under section 1703A of title 38, paying for prescription medications. nishing care and services to veterans under United States Code, as added by subsection ‘‘(q) WAIT-TIME GOALS OF THE VETERANS such section. (a)(1). HEALTH ADMINISTRATION.— (D) The results of a survey of veterans who SEC. 1097A. FUNDING FOR VETERANS CHOICE ‘‘(1) IN GENERAL.—Except as provided in have received care or services under such PROGRAM. paragraph (2), in this section, the term ‘wait- section on the satisfaction of such veterans (a) IN GENERAL.—All amounts required to time goals of the Veterans Health Adminis- with the care or services received by such carry out the Veterans Choice Program shall tration’ means not more than 30 days from veterans under such section. be derived from the appropriations account the date on which a veteran requests an ap- (E) An assessment of the effect of fur- described in section 4003 of the Surface pointment for hospital care or medical serv- nishing care and services under such section Transportation and Veterans Health Care ices from the Department. on wait times for appointments for the re- Choice Improvement Act of 2015 (Public Law ‘‘(2) ALTERNATE GOALS.—If the Secretary ceipt of hospital care and medical services 114–41; 38 U.S.C. 1701 note). submits to Congress a report stating that the from the Department of Veterans Affairs. (b) TRANSFER OF AMOUNTS.— actual wait-time goals of the Veterans (b) CLASSIFICATION OF SERVICES.—Services (1) IN GENERAL.—All amounts in the Vet- Health Administration are different from the provided under the following programs, con- erans Choice Fund under section 802 of the wait-time goals specified in paragraph (1)— tracts, and agreements shall be considered Veterans Access, Choice, and Accountability ‘‘(A) for purposes of this section, the wait- services provided under the Veterans Choice Act of 2014 (Public Law 113–146; 38 U.S.C. 1701 time goals of the Veterans Health Adminis- Program established under section 1703A of note) shall be transferred to the appropria- tration shall be the wait-time goals sub- title 38, United States Code, as added by sub- tions account described in section 4003 of the mitted by the Secretary under this para- section (a)(1): Surface Transportation and Veterans Health graph; and (1) The Patient-Centered Community Care Care Choice Improvement Act of 2015 (Public ‘‘(B) the Secretary shall publish such wait- program (commonly referred to as ‘‘PC3’’). Law 114–41; 38 U.S.C. 1701 note). time goals in the Federal Register and on an (2) Contracts through the retail pharmacy (2) CONFORMING REPEAL.— Internet website of the Department available network of the Department. (A) IN GENERAL.—Section 802 of the Vet- (3) Veterans Care Agreements under sec- to the public. erans Access, Choice, and Accountability Act tion 1703C of title 38, United States Code, as ‘‘(r) WAIVER OF CERTAIN PRINTING REQUIRE- of 2014 (Public Law 113–146; 38 U.S.C. 1701 added by section 1097D(a). MENTS.—Section 501 of title 44 shall not note) is repealed. (4) Health care agreements with Federal apply in carrying out this section.’’. (B) CONFORMING AMENDMENT.—Section 4003 entities or entities funded by the Federal (2) CLERICAL AMENDMENT.—The table of of the Surface Transportation and Veterans sections at the beginning of chapter 17 of Government, including the Department of Health Care Choice Improvement Act of 2015 such title is amended by inserting after the Defense, the Indian Health Service, tribal (Public Law 114–41; 38 U.S.C. 1701 note) is item relating to section 1703 the following health programs, Federally-qualified health amended by striking ‘‘to be comprised of’’ new item: centers (as defined in section 1905(l)(2)(B) of and all that follows and inserting ‘‘to be the Social Security Act (42 U.S.C. ‘‘1703A. Veterans Choice Program.’’. comprised of discretionary medical services 1396d(l)(2)(B))), and academic teaching affili- funding that is designated for hospital care (3) CONFORMING REPEAL OF SUPERSEDED AU- ates. and medical services furnished at non-De- THORITY.— STABLISHMENT OF CRITERIA AND STAND- (c) E partment facilities’’. N GENERAL ARDS FOR ON EPARTMENT ARE (A) I .—Section 101 of the Vet- N -D C .— (c) VETERANS CHOICE PROGRAM DEFINED.— erans Access, Choice, and Accountability Act (1) IN GENERAL.—Not later than December In this section, the term ‘‘Veterans Choice of 2014 (Public Law 113–146; 38 U.S.C. 1701 31, 2017, the Secretary of Veterans Affairs Program’’ means— note) is repealed. shall establish consistent criteria and stand- (1) the program under section 1703A of title (B) CONFORMING AMENDMENT.—Section ards— 38, United States Code, as added by section 208(1) of such Act is amended by striking (A) for purposes of determining eligibility 1097(a)(1); and ‘‘section 101’’ and inserting ‘‘section 1703A of of non-Department of Veterans Affairs (2) the programs, contracts, and agree- title 38, United States Code’’. health care providers to provide health care ments of the Department described in sec- (C) EFFECTIVE DATE.— under the laws administered by the Sec- tion 1097(b). (i) IN GENERAL.—The amendments made by retary, including standards relating to edu- SEC. 1097B. PAYMENT OF HEALTH CARE PRO- this paragraph shall take effect on the date cation, certification, licensure, training, and VIDERS UNDER VETERANS CHOICE on which the Secretary of Veterans Affairs employment history; and PROGRAM. begins implementation of section 1703A of (B) for the reimbursement of such health (a) PAYMENT OF PROVIDERS.— title 38, United States Code as added by para- care providers for care or services provided (1) IN GENERAL.—Subchapter I of chapter 17 graph (1). under the laws administered by the Sec- of title 38, United States Code, as amended (ii) PUBLICATION.—The Secretary shall pub- retary, which to the extent practicable by section 1097(a)(1), is further amended by lish the date specified in clause (i) in the shall— inserting after section 1703A the following Federal Register and on an publicly avail- (i) except as provided in clauses (ii) and new section: able Internet website of the Department of (iii), use rates for reimbursement that are ‘‘§ 1703B. Veterans Choice Program: payment Veterans Affairs not later than 30 days be- not more than the rates paid by the United of health care providers fore such date. States to a provider of services (as defined in ‘‘(a) PROMPT PAYMENT COMPLIANCE.—The (4) REPORT.—Not later than one year after section 1861(u) of the Social Security Act (42 Secretary shall ensure that payments made the date of the enactment of this Act , the U.S.C. 1395x(u))) under the Medicare program to health care providers under the Veterans Secretary of Veterans Affairs shall submit to under title XVIII of the Social Security Act Choice Program comply with chapter 39 of the Committee on Veterans’ Affairs of the (42 U.S.C. 1395 et seq.) for the same care or title 31 (commonly referred to as the Senate and the Committee on Veterans’ Af- services; ‘Prompt Payment Act’) and the require- fairs of the House of Representatives a re- (ii) with respect to care or services pro- ments of this section. If there is a conflict port on the furnishing of care and services vided in Alaska, use rates for reimbursement between the requirements of the Prompt under section 1703A of title 38, United States set forth in the Alaska Fee Schedule of the Payment Act and the requirements of this Code, as added by paragraph (1), that in- Department of Veterans Affairs, except for section, the Secretary shall comply with the cludes the following: when another payment agreement, including requirements of this section. (A) The total number of veterans who have a contract or provider agreement, is in place, ‘‘(b) SUBMITTAL OF CLAIM.—(1) A health received care or services under this section, in which case use rates for reimbursement care provider that seeks reimbursement disaggregated by— set forth under such payment agreement; under this section for care or services fur- (i) eligible veterans described in subsection (iii) with respect to care or services pro- nished under the Veterans Choice Program (b)(2)(A) of such section; vided in a State with an All-Payer Model shall submit to the Secretary a claim for re- (ii) eligible veterans described in sub- Agreement in effect under the Social Secu- imbursement not later than 180 days after section (b)(2)(B) of such section; rity Act (42 U.S.C. 301 et seq.), use rates for furnishing such care or services. (iii) eligible veterans described in sub- reimbursement based on the payment rates ‘‘(2) On and after January 1, 2019, the Sec- section (b)(2)(C) of such section; under such agreement; retary shall not accept any claim under this (iv) eligible veterans described in sub- (iv) incorporate the use of value-based re- section that is submitted to the Secretary in section (b)(2)(D) of such section; imbursement models to promote the provi- a manner other than electronically.

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‘‘(c) PAYMENT SCHEDULE.—(1) The Sec- tion 1097(b) of the National Defense Author- try-accepted information security and pri- retary shall reimburse a health care provider ization Act for Fiscal Year 2017.’’. vacy engineering principles and best prac- for care or services furnished under the Vet- (2) CLERICAL AMENDMENT.—The table of tices and shall provide for the following: erans Choice Program— sections at the beginning of chapter 17 of (I) The elicitation, analysis, and ‘‘(A) in the case of a clean claim submitted such title, as amended by section 1097(a)(2), prioritization of functional and nonfunc- to the Secretary electronically, not later is further amended by inserting after the tional information security and privacy re- than 30 days after receiving the claim; or item related to section 1703A the following quirements for such interface, including spe- ‘‘(B) in the case of a clean claim submitted new item: cific security and privacy services and archi- to the Secretary in a manner other than ‘‘1703B. Veterans Choice Program: payment tectural requirements relating to security electronically, not later than 45 days after of health care providers.’’. and privacy based on a thorough analysis of all reasonably anticipated cyber and receiving the claim. (b) ELECTRONIC SUBMITTAL OF CLAIMS FOR noncyber threats to the security and privacy ‘‘(2)(A) If the Secretary determines that a REIMBURSEMENT.— of electronic protected health information claim received from a health care provider (1) PROHIBITION ON ACCEPTANCE OF NON- made available through such interface. for care or services furnished under the Vet- ELECTRONIC CLAIMS.— (II) The elicitation, analysis, and erans Choice Program is a non-clean claim, (A) IN GENERAL.—Except as provided in the Secretary shall submit to the provider, subparagraph (B), on and after January 1, prioritization of secure development require- ments relating to such interface. not later than 30 days after receiving the 2019, the Secretary of Veterans Affairs shall (III) The assurance that the prioritized in- claim— not accept any claim for reimbursement formation security and privacy requirements ‘‘(i) a notification that the claim is a non- under section 1703B of title 38, United States of such interface— clean claim; Code, as added by subsection (a), that is sub- (aa) are correctly implemented in the de- ‘‘(ii) an explanation of why the claim has mitted to the Secretary in a manner other sign and implementation of such interface been determined to be a non-clean claim; and than electronically, including medical throughout the system development ‘‘(iii) an identification of the information records in connection with such a claim. lifecycle; and or documentation that is required to make (B) EXCEPTION.—If the Secretary deter- (bb) satisfy the information objectives of the claim a clean claim. mines that accepting claims and medical ‘‘(B) If the Secretary does not comply with such interface relating to security and pri- records in a manner other than electroni- the requirements of subparagraph (A) with vacy throughout the system development cally is necessary for the timely processing respect to a claim, the claim shall be deemed lifecycle. of claims for reimbursement under such sec- a clean claim for purposes of paragraph (1). (ii) DEFINITIONS.—In this subparagraph: tion 1703B due to a failure or serious mal- ‘‘(3) Upon receipt by the Secretary of infor- (I) ELECTRONIC PROTECTED HEALTH INFOR- function of the electronic interface estab- mation or documentation described in para- MATION.—The term ‘‘electronic protected lished under paragraph (2), the Secretary— graph (2)(A)(iii) with respect to a claim, the health information’’ has the meaning given (i) after determining that such a failure or Secretary shall reimburse a health care pro- that term in section 160.103 of title 45, Code serious malfunction has occurred, may ac- vider for care or services furnished under the of Federal Regulations, as in effect on the cept claims and medical records in a manner Veterans Choice Program— date of the enactment of this Act. other than electronically for a period not to ‘‘(A) in the case of a claim submitted to (II) SECURE DEVELOPMENT REQUIREMENTS.— exceed 90 days; and the Secretary electronically, not later than The term ‘‘secure development require- (ii) shall submit to the Committee on Vet- 30 days after receiving such information or ments’’ means, with respect to the electronic erans’ Affairs of the Senate and the Com- documentation; or interface established under subparagraph mittee on Veterans’ Affairs of the House of ‘‘(B) in the case of claim submitted to the (A), activities that are required to be com- Representatives a report setting forth— Secretary in a manner other than electroni- pleted during the system development (I) the reason for accepting claims and cally, not later than 45 days after receiving lifecycle of such interface, such as secure medical records in a manner other than elec- such information or documentation. coding principles and test methodologies. ‘‘(4) If the Secretary fails to comply with tronically; (3) ANALYSIS OF AVAILABLE TECHNOLOGY FOR the deadlines for payment set forth in this (II) the duration of time that the Depart- ELECTRONIC INTERFACE.— subsection with respect to a claim, interest ment of Veterans Affairs will accept claims (A) IN GENERAL.—Not later than January 1, shall accrue on the amount owed under such and medical records in a manner other than 2017, or before entering into a contract to claim in accordance with section 3902 of title electronically; and procure or design and build the electronic 31, United States Code. (III) the steps that the Department is tak- interface described in paragraph (2) or mak- ‘‘(d) INFORMATION AND DOCUMENTATION RE- ing to resolve such failure or malfunction. ing a decision to internally design and build QUIRED.—(1) The Secretary shall provide to (2) ELECTRONIC INTERFACE.— such electronic interface, whichever occurs all health care providers participating in the (A) IN GENERAL.—Not later than January 1, first, the Secretary shall— Veterans Choice Program a list of informa- 2019, the Chief Information Officer of the De- (i) conduct an analysis of commercially tion and documentation that is required to partment of Veterans Affairs shall establish available technology that may satisfy the re- establish a clean claim under this section. an electronic interface for health care pro- quirements of such electronic interface set ‘‘(2) The Secretary shall consult with enti- viders to submit claims for reimbursement forth in such paragraph; and ties in the health care industry, in the public under such section 1703B. (ii) submit to the Committee on Veterans’ and private sector, to determine the infor- (B) FUNCTIONS.—The electronic interface Affairs of the Senate and the Committee on mation and documentation to include in the established under subparagraph (A) shall in- Veterans’ Affairs of the House of Representa- list under paragraph (1). clude the following functions: tives a report setting forth such analysis. ‘‘(3) If the Secretary modifies the informa- (i) A function through which a health care (B) ELEMENTS.—The report required under tion and documentation included in the list provider may input all relevant data re- subparagraph (A)(ii) shall include the fol- under paragraph (1), the Secretary shall no- quired for claims submittal and reimburse- lowing: tify all health care providers participating in ment. (i) An evaluation of commercially avail- the Veterans Choice Program not later than (ii) A function through which a health care able systems that may satisfy the require- 30 days before such modifications take ef- provider may upload medical records to ac- ments of paragraph (2). fect. company a claim for reimbursement. (ii) The estimated cost of procuring a com- ‘‘(e) DEFINITIONS.—In this section: (iii) A function through which a health mercially available system if a suitable com- ‘‘(1) The term ‘clean claim’ means a claim care provider may ascertain the status of a mercially available system exists. for reimbursement for care or services fur- pending claim for reimbursement that— (iii) If no suitable commercially available nished under the Veterans Choice Program, (I) indicates whether the claim is a clean system exists, an assessment of the feasi- on a nationally recognized standard format, claim or a non-clean claim; and bility of modifying a commercially available that includes the information and docu- (II) in the event that a submitted claim is system to meet the requirements of para- mentation necessary to adjudicate the indicated as a non-clean claim, provides— graph (2), including the estimated cost asso- claim. (aa) an explanation of why the claim has ciated with such modifications. ‘‘(2) The term ‘non-clean claim’ means a been determined to be a non-clean claim; and (iv) If no suitable commercially available claim for reimbursement for care or services (bb) an identification of the information or system exists and modifying a commercially furnished under the Veterans Choice Pro- documentation that is required to make the available system is not feasible, an assess- gram, on a nationally recognized standard claim a clean claim. ment of the estimated cost and time that format, that does not include the informa- (iv) A function through which a health would be required to contract with a com- tion and documentation necessary to adju- care provider is notified when a claim for re- mercial entity to design and build an elec- dicate the claim. imbursement is accepted or rejected. tronic interface that meets the requirements ‘‘(3) The term ‘Veterans Choice Program’ (v) Such other features as the Secretary of paragraph (2). means— considers necessary. (v) If the Secretary determines that the ‘‘(A) the program under section 1703A of (C) PROTECTION OF INFORMATION.— Department has the capabilities required to this title; and (i) IN GENERAL.—The electronic interface design and build an electronic interface that ‘‘(B) the programs, contracts, and agree- established under subparagraph (A) shall be meets the requirements of paragraph (2), an ments of the Department described in sec- developed and implemented based on indus- assessment of the estimated cost and time

VerDate Sep 11 2014 04:04 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.065 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3774 CONGRESSIONAL RECORD — SENATE June 9, 2016 that would be required to design and build PART II—HEALTH CARE ADMINISTRATIVE process for the certification of eligible pro- such electronic interface. MATTERS viders under this section that shall, at a (vi) A description of the decision of the Subpart A—Care From Non-Department minimum, set forth the following. Secretary regarding how the Department Providers ‘‘(A) Procedures for the submittal of appli- cations for certification and deadlines for ac- plans to establish the electronic interface re- SEC. 1097D. AUTHORIZATION OF AGREEMENTS quired under paragraph (2) and the justifica- BETWEEN THE DEPARTMENT OF tions taken by the Secretary with respect to tion of the Secretary for such decision. VETERANS AFFAIRS AND NON-DE- such applications. ‘‘(B) Standards and procedures for approval (4) LIMITATION ON USE OF AMOUNTS.—The PARTMENT PROVIDERS. and denial of certification, duration of cer- Secretary may not spend any amounts to (a) IN GENERAL.—Subchapter I of chapter tification, revocation of certification, and procure or design and build the electronic 17 of title 38, United States Code, as amended recertification. interface described in paragraph (2) until the by section 1097B(a)(1), is further amended by inserting after section 1703B the following ‘‘(C) Procedures for assessing eligible pro- date that is 60 days after the date on which new section: viders based on the risk of fraud, waste, and the Secretary submits the report required ‘‘§ 1703C. Veterans Care Agreements abuse of such providers similar to the level under paragraph (3)(A)(ii). of screening under section 1866(j)(2)(B) of the ‘‘(a) AGREEMENTS TO FURNISH CARE.—(1) In Social Security Act (42 U.S.C. 1395cc(j)(2)(B)) SEC. 1097C. TERMINATION OF CERTAIN PROVI- addition to the authority of the Secretary and the standards set forth under section SIONS AUTHORIZING CARE TO VET- under this chapter to furnish hospital care, 9.104 of title 48, Code of Federal Regulations, ERANS THROUGH NON-DEPART- medical services, and extended care at facili- MENT OF VETERANS AFFAIRS PRO- or any successor regulation. ties of the Department and under contracts VIDERS. ‘‘(2) The Secretary shall deny or revoke or sharing agreements entered into under au- certification to an eligible provider under (a) TERMINATION OF AUTHORITY TO CON- thorities other than this section, the Sec- this subsection if the Secretary determines TRACT FOR CARE IN NON-DEPARTMENT FACILI- retary may furnish hospital care, medical that the eligible provider is currently— TIES.— services, and extended care through the use ‘‘(A) excluded from participation in a Fed- (1) IN GENERAL.—Section 1703 of title 38, of agreements entered into under this sec- eral health care program (as defined in sec- United States Code, is amended by adding at tion. An agreement entered into under this tion 1128B(f) of the Social Security Act (42 the end the follow new subsection: section may be referred to as a ‘Veterans U.S.C. 1320a–7b(f))) under section 1128 or Care Agreement’. ‘‘(e) The authority of the Secretary under 1128A of the Social Security Act (42 U.S.C. ‘‘(2)(A) The Secretary may enter into 1320a–7 and 1320a–7a); or this section terminates on December 31, agreements under this section with eligible ‘‘(B) identified as an excluded source on 2017.’’. providers that are certified under subsection the list maintained in the System for Award (2) CONFORMING AMENDMENTS.— (d) if the Secretary is not feasibly able to Management, or any successor system. (A) IN GENERAL.— furnish care or services described in para- ‘‘(e) TERMS OF AGREEMENTS.—Each agree- (i) DENTAL CARE.—Section 1712(a) of such graph (1) at facilities of the Department. ment entered into with an eligible provider title is amended— ‘‘(B) The Secretary is not feasibly able to under this section shall include provisions (I) in paragraph (3), by striking ‘‘under furnish care or services described in para- requiring the eligible provider to do the fol- clause (1), (2), or (5) of section 1703(a) of this graph (1) at facilities of the Department if lowing: title’’ and inserting ‘‘under the Veterans the Secretary determines that the medical ‘‘(1) To accept payment for care or services Choice Program (as defined in section condition of the veteran, the travel involved, furnished under this section at rates estab- 1703B(e) of this title)’’; and the nature of the care or services required, lished by the Secretary for purposes of this or a combination of those factors make the (II) in paragraph (4)(A), in the first sen- section, which shall be, to the extent prac- use of facilities of the Department impracti- tence— ticable, the rates paid by the United States cable or inadvisable. (aa) by striking ‘‘and section 1703 of this for such care or services to providers of serv- ‘‘(b) RECEIPT OF CARE.—Eligibility of a vet- title’’ and inserting ‘‘and the Veterans ices and suppliers under the Medicare pro- eran under this section for care or services gram under title XVIII of the Social Secu- Choice Program (as defined in section described in paragraph (1) shall be deter- rity Act (42 U.S.C. 1395 et seq.). 1703B(e) of this title)’’; and mined as if such care or services were fur- ‘‘(2) To accept payment under paragraph (bb) by striking ‘‘in section 1703 of this nished in a facility of the Department and (1) as payment in full for care or services fur- title’’ and inserting ‘‘under the Veterans provisions of this title applicable to veterans nished under this section and to not seek Choice Program’’. receiving such care or services in a facility any payment for such care or services from (ii) READJUSTMENT COUNSELING.—Section of the Department shall apply to veterans re- the recipient of such care or services. 1712A(e)(1) of such title is amended by strik- ceiving such care or services under this sec- ‘‘(3) To furnish under this section only the ing ‘‘(under sections 1703(a)(2) and tion. care or services authorized by the Depart- 1710(a)(1)(B) of this title)’’ and inserting ‘‘(c) ELIGIBLE PROVIDERS.—For purposes of ment under this section unless the eligible ‘‘(under the Veterans Choice Program (as de- this section, an eligible provider is one of the provider receives prior written consent from fined in section 1703B(e) of this title) and sec- following: the Department to furnish care or services tion 1710(a)(1)(B) of this title)’’. ‘‘(1) A provider of services that has en- outside the scope of such authorization. (iii) DEATH IN DEPARTMENT FACILITY.—Sec- rolled and entered into a provider agreement ‘‘(4) To bill the Department for care or tion 2303(a)(2)(B)(i) of such title is amended under section 1866(a) of the Social Security services furnished under this section in ac- Act (42 U.S.C. 1395cc(a)). by striking ‘‘in accordance with section cordance with a methodology established by ‘‘(2) A physician or supplier that has en- 1703’’ and inserting ‘‘under the Veterans the Secretary for purposes of this section. rolled and entered into a participation agree- Choice Program (as defined in section ‘‘(5) Not to seek to recover or collect from ment under section 1842(h) of such Act (42 1703B(e) of this title)’’. a health-plan contract or third party, as U.S.C. 1395u(h)). those terms are defined in section 1729 of this (iv) MEDICARE PROVIDER AGREEMENTS.— ‘‘(3) A provider of items and services re- Section 1866(a)(1)(L) of the Social Security title, for any care or services for which pay- ceiving payment under a State plan under ment is made by the Department under this Act (42 U.S.C. 1395cc(a)(1)(L)) is amended— title XIX of such Act (42 U.S.C. 1396 et seq.) section. (I) by striking ‘‘under section 1703 of title or a waiver of such a plan. ‘‘(6) To provide medical records for vet- 38’’ and inserting ‘‘under the Veterans ‘‘(4) A health care provider that is— erans furnished care or services under this Choice Program (as defined in section ‘‘(A) an Aging and Disability Resource section to the Department in a time frame 1703B(e) of title 38, United States Code)’’; and Center, an area agency on aging, or a State and format specified by the Secretary for (II) by striking ‘‘such section’’ and insert- agency (as defined in section 102 of the Older purposes of this section. ing ‘‘such program’’. Americans Act of 1965 (42 U.S.C. 3002)); or ‘‘(7) To meet such other terms and condi- (B) EFFECTIVE DATE.—The amendments ‘‘(B) a center for independent living (as de- tions, including quality of care assurance made by subparagraph (A) shall take effect fined in section 702 of the Rehabilitation Act standards, as the Secretary may specify for on January 1, 2018. of 1973 (29 U.S.C. 796a)). purposes of this section. ‘‘(5) A provider that is located in— ‘‘(f) TERMINATION OF AGREEMENTS.—(1) An (b) REPEAL OF AUTHORITY TO CONTRACT FOR ‘‘(A) an area that is designated as a health eligible provider may terminate an agree- SCARCE MEDICAL SPECIALISTS.— professional shortage area (as defined in sec- ment with the Secretary under this section (1) IN GENERAL.—Section 7409 of such title tion 332 of the Public Health Service Act (42 at such time and upon such notice to the is repealed. U.S.C. 254e)); or Secretary as the Secretary may specify for (2) CLERICAL AMENDMENT.—The table of ‘‘(B) a county that is not in a metropolitan purposes of this section. sections at the beginning of chapter 74 of statistical area. ‘‘(2) The Secretary may terminate an such title is amended by striking the item ‘‘(6) Such other health care providers as agreement with an eligible provider under relating to section 7409. the Secretary considers appropriate for pur- this section at such time and upon such no- poses of this section. tice to the eligible provider as the Secretary ‘‘(d) CERTIFICATION OF ELIGIBLE PRO- may specify for purposes of this section, if VIDERS.—(1) The Secretary shall establish a the Secretary—

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EXPANSION OF REIMBURSEMENT sions of this section and the regulations pre- ‘‘(1) to monitor the quality of care and FOR EMERGENCY TREATMENT AND scribed thereunder; services furnished to veterans under this sec- URGENT CARE. ‘‘(B) determines that the eligible provider tion; and (a) IN GENERAL.—Section 1725 of title 38, is— ‘‘(2) to assess the quality of care and serv- United States Code, is amended to read as ‘‘(i) excluded from participation in a Fed- ices furnished by an eligible provider under follows: eral health care program (as defined in sec- this section for purposes of determining ‘‘§ 1725. Reimbursement for emergency treat- tion 1128B(f) of the Social Security Act (42 whether to renew an agreement under this ment and urgent care U.S.C. 1320a–7b(f))) under section 1128 or section with the eligible provider. ‘‘(a) IN GENERAL.—(1) Subject to the provi- 1128A of the Social Security Act (42 U.S.C. ‘‘(j) DISPUTE RESOLUTION.—The Secretary sions of this section, the Secretary shall re- 1320a–7 and 1320a–7a); or shall establish administrative procedures for imburse a veteran described in subsection (b) ‘‘(ii) identified as an excluded source on eligible providers with which the Secretary for the reasonable value of emergency treat- the list maintained in the System for Award has entered into an agreement under this ment or urgent care furnished the veteran in Management, or any successor system; section to present any dispute arising under a non-Department facility. ‘‘(C) ascertains that the eligible provider or related to the agreement.’’. ‘‘(2) In any case in which reimbursement of has been convicted of a felony or other seri- (b) REGULATIONS.—The Secretary of Vet- a veteran is authorized under paragraph (1), ous offense under Federal or State law and erans Affairs shall prescribe an interim final the Secretary may, in lieu of reimbursing determines that the continued participation rule to carry out section 1703C of such title, the veteran, make payment of the reasonable of the eligible provider would be detrimental as added by subsection (a), not later than value of the furnished emergency treatment one year after the date of the enactment of to the best interests of veterans or the De- or urgent care directly— this Act. partment; or ‘‘(A) to the hospital or other health care (c) CLERICAL AMENDMENT.—The table of provider that furnished the treatment or ‘‘(D) determines that it is reasonable to sections at the beginning of chapter 17 of terminate the agreement based on the health such title, as amended by section 1097B(a)(2), care; or care needs of a veteran or veterans. is further amended by inserting after the ‘‘(B) to the person or organization that ‘‘(g) PERIODIC REVIEW OF CERTAIN AGREE- item related to section 1703B the following paid for such treatment or care on behalf of MENTS.—(1) Not less frequently than once new item: the veteran. every two years, the Secretary shall review ‘‘(3) Notwithstanding section 111 of this each Veterans Care Agreement of material ‘‘1703C. Veterans Care Agreements.’’. title, reimbursement for the reasonable size entered into during the two-year period SEC. 1097E. MODIFICATION OF AUTHORITY TO value of emergency treatment or urgent care preceding the review to determine whether it ENTER INTO AGREEMENTS WITH under this section shall include reimburse- STATE HOMES TO PROVIDE NURS- is feasible and advisable to furnish the hos- ING HOME CARE. ment for the reasonable value of transpor- pital care, medical services, or extended care (a) USE OF AGREEMENTS.— tation for such emergency treatment or ur- furnished under such agreement at facilities (1) IN GENERAL.—Paragraph (1) of section gent care. of the Department or through contracts or 1745(a) of title 38, United States Code, is ‘‘(b) ELIGIBILITY.—A veteran described in sharing agreements entered into under au- amended, in the matter preceding subpara- this subsection is an individual who— thorities other than this section. graph (A), by striking ‘‘a contract (or agree- ‘‘(1) is enrolled in the patient enrollment ‘‘(2)(A) Subject to subparagraph (B), a Vet- ment under section 1720(c)(1) of this title)’’ system of the Department established and erans Care Agreement is of material size as and inserting ‘‘an agreement’’. operated under section 1705 of this title; and determined by the Secretary for purposes of ‘‘(2) has received care under this chapter (2) PAYMENT.—Paragraph (2) of such sec- this section. tion is amended by striking ‘‘contract (or during the 24-month period preceding the ‘‘(B) A Veterans Care Agreement entered agreement)’’ each place it appears and in- furnishing of the emergency treatment or ur- into after September 30, 2016, for the pur- serting ‘‘agreement’’. gent care for which reimbursement is sought chase of extended care services is of material (b) TREATMENT OF CERTAIN LAWS.—Such under this section. size if the purchase of such services under section is amended by adding at the end the ‘‘(c) RESPONSIBILITY FOR PAYMENT.—The the agreement exceeds $1,000,000 annually. following new paragraph: Secretary shall be the primary payer with The Secretary may adjust such amount to ‘‘(4)(A) An agreement under this section respect to reimbursing or otherwise paying account for changes in the cost of health may be entered into without regard to any the reasonable value of emergency treat- care based upon recognized health care mar- law that would require the Secretary to use ment or urgent care under this section. ket surveys and other available data and competitive procedures in selecting the ‘‘(d) LIMITATIONS ON PAYMENT.—(1) The shall publish any such adjustments in the party with which to enter into the agree- Secretary, in accordance with regulations Federal Register. ment. prescribed by the Secretary for purposes of ‘‘(h) TREATMENT OF CERTAIN LAWS.—(1) An ‘‘(B)(i) Except as provided in clause (ii) and this section, shall— agreement under this section may be entered unless otherwise provided in this section or ‘‘(A) establish the maximum amount pay- into without regard to any law that would in regulations prescribed pursuant to this able under subsection (a); and require the Secretary to use competitive section, a State home that enters into an ‘‘(B) delineate the circumstances under procedures in selecting the party with which agreement under this section is not subject which such payments may be made, includ- to enter into the agreement. to, in the carrying out of the agreement, any ing such requirements on requesting reim- ‘‘(2)(A) Except as provided in subparagraph law to which providers of services and sup- bursement as the Secretary may establish. (B) and unless otherwise provided in this sec- pliers are not subject under the original ‘‘(2)(A) Payment by the Secretary under tion or regulations prescribed pursuant to Medicare fee-for-service program under parts this section on behalf of a veteran to a pro- this section, an eligible provider that enters A and B of title XVIII of the Social Security vider of emergency treatment or urgent care into an agreement under this section is not Act (42 U.S.C. 1395 et seq.) or the Medicaid shall, unless rejected and refunded by the subject to, in the carrying out of the agree- program under title XIX of such Act (42 provider within 30 days of receipt— ment, any law to which an eligible provider U.S.C. 1396 et seq.). ‘‘(i) constitute payment in full for the described in subsection (b)(1), (b)(2), or (b)(3) ‘‘(ii) The exclusion under clause (i) does emergency treatment or urgent care pro- is not subject under the original Medicare not apply to laws regarding integrity, ethics, vided; and fee-for-service program under parts A and B fraud, or that subject a person to civil or ‘‘(ii) extinguish any liability on the part of of title XVIII of the Social Security Act (42 criminal penalties. the veteran for that treatment or care. U.S.C. 1395 et seq.) or the Medicaid program ‘‘(C) Title VII of the Civil Rights Act of ‘‘(B) Neither the absence of a contract or under title XIX of such Act (42 U.S.C. 1396 et 1964 (42 U.S.C. 2000e et seq.) shall apply with agreement between the Secretary and a pro- seq.). respect to a State home that enters into an vider of emergency treatment or urgent care ‘‘(B) The exclusion under subparagraph (A) agreement under this section to the same ex- nor any provision of a contract, agreement, does not apply to laws regarding integrity, tent as such title applies with respect to the or assignment to the contrary shall operate ethics, fraud, or that subject a person to State home in providing care or services to modify, limit, or negate the requirements civil or criminal penalties. through an agreement or arrangement other of subparagraph (A). ‘‘(3) Title VII of the Civil Rights Act of 1964 than under this section.’’. ‘‘(C) An individual or entity may not seek (42 U.S.C. 2000e et seq.) shall apply with re- (c) EFFECTIVE DATE.— to recover from any third party the cost of spect to an eligible provider that enters into (1) IN GENERAL.—The amendments made by emergency treatment or urgent care for an agreement under this section to the same this section shall apply to agreements en- which the Secretary has made payment extent as such title applies with respect to tered into under section 1745 of such title on under this section. the eligible provider in providing care or and after the date on which the regulations ‘‘(e) RECOVERY.—The United States has an services through an agreement or arrange- prescribed by the Secretary of Veterans Af- independent right to recover or collect rea- ment other than under this section. fairs to implement such amendments take sonable charges for emergency treatment or ‘‘(i) MONITORING OF QUALITY OF CARE.—The effect. urgent care furnished under this section in Secretary shall establish a system or sys- (2) PUBLICATION.—The Secretary shall pub- accordance with the provisions of section tems, consistent with survey and certifi- lish the date described in paragraph (1) in 1729 of this title.

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‘‘(f) COPAYMENTS.—(1) Except as provided regulations prescribed by the Secretary for ical services, or other health care through in paragraph (2), a veteran shall pay to the purposes of this section.’’. non-Department providers.’’. Department a copayment (in an amount pre- (b) CLERICAL AMENDMENT.—The table of SEC. 1097I. APPLICABILITY OF DIRECTIVE OF OF- scribed by the Secretary for purposes of this sections at the beginning of chapter 17 is FICE OF FEDERAL CONTRACT COM- section) for each episode of emergency treat- amended by striking the item relating to PLIANCE PROGRAMS. ment or urgent care for which reimburse- section 1725 and inserting the following new (a) IN GENERAL.—Directive 2014-01 of the ment is provided to the veteran under this item: Office of Federal Contract Compliance Pro- section. ‘‘1725. Reimbursement for emergency treat- grams of the Department of Labor (effective ‘‘(2) The requirement under paragraph (1) ment and urgent care.’’. as of May 7, 2014) shall apply to any health to pay a copayment does not apply to a vet- care provider entering into a contract or (c) REPEAL OF SUPERSEDED AUTHORITY.— eran who— agreement under section 1703A, 1703C, or 1745 (1) IN GENERAL.—Section 1728 is repealed. ‘‘(A) would not be required to pay to the of title 38, United States Code, in the same (2) EFFECTIVE DATE.— Department a copayment for emergency manner as such directive applies to sub- (A) IN GENERAL.—The repeal made by para- treatment or urgent care furnished at facili- contractors under the TRICARE program. graph (1) shall take effect on the date on ties of the Department; (b) APPLICABILITY PERIOD.—The directive which the Secretary of Veterans Affairs pre- ‘‘(B) meets an exemption specified by the described in subsection (a), and the morato- scribes regulations to carry out section 1725 Secretary in regulations prescribed by the rium provided under such directive, shall not of title 38, United States Code, as amended Secretary for purposes of this section; or be altered or rescinded before May 7, 2019. by subsection (a). ‘‘(C) is admitted to a hospital for treat- (c) TRICARE PROGRAM DEFINED.—In this ment or observation following, and in con- (B) PUBLICATION.—The Secretary shall pub- section, the term ‘‘TRICARE program’’ has nection with, the emergency treatment or lish the date specified in subparagraph (A) in the meaning given that term in section 1072 urgent care for which the veteran is provided the Federal Register and on an publicly of title 10, United States Code. available Internet website of the Department reimbursement under this section. Subpart B—Other Health Care ‘‘(3) The requirement that a veteran pay a of Veterans Affairs not later than 30 days be- Administrative Matters copayment under this section shall apply fore such date. notwithstanding the authority of the Sec- (d) CONFORMING AMENDMENTS.— SEC. 1097J. REIMBURSEMENT OF CERTAIN ENTI- retary to offset such a requirement with (1) MEDICAL CARE FOR SURVIVORS AND DE- TIES FOR EMERGENCY MEDICAL TRANSPORTATION. amounts recovered from a third party under PENDENTS.—Section 1781(a)(4) is amended by (a) IN GENERAL.—Subchapter III of chapter section 1729 of this title. striking ‘‘(as defined in section 1725(f) of this 17 of title 38, United States Code, is amended ‘‘(g) DEFINITIONS.—In this section: title)’’ and inserting ‘‘(as defined in section ‘‘(1) The term ‘emergency treatment’ 1725(g) of this title)’’. by inserting after section 1725 the following new section: means medical care or services furnished, in (2) HEALTH CARE OF FAMILY MEMBERS OF the judgment of the Secretary— VETERANS STATIONED AT CAMP LEJEUNE, ‘‘§ 1725A. Reimbursement of certain entities ‘‘(A) when such care or services are ren- NORTH CAROLINA.—Section 1787(b)(3) is for emergency medical transportation dered in a medical emergency of such nature amended by striking ‘‘(as defined in section ‘‘(a) IN GENERAL.—Notwithstanding any that a prudent layperson reasonably expects 1725(f) of this title)’’ and inserting ‘‘(as de- other provision of law, the Secretary shall that delay in seeking immediate medical at- fined in section 1725(g) of this title)’’. reimburse an ambulance provider or any tention would be hazardous to life or health; (e) REGULATIONS.—Not later than 270 days other entity that provides transportation to and after the date of the enactment of this Act, a veteran described in section 1725(b) of this ‘‘(B) until— the Secretary shall prescribe regulations to title for the purpose of receiving emergency ‘‘(i) such time as the veteran can be trans- carry out the amendments made by this sec- treatment at a non-Department facility the ferred safely to a Department facility or tion. cost of such transportation. community care provider authorized by the (f) EFFECTIVE DATE.—The amendments ‘‘(b) SERVICE CONNECTION.—(1) The Sec- Secretary and such facility or provider is ca- made by this section shall take effect one retary shall reimburse an ambulance pro- pable of accepting such transfer; or year after the date of the enactment of this vider or any other entity under subsection ‘‘(ii) such time as a Department facility or Act. (a) regardless of whether the underlying community care provider authorized by the SEC. 1097G. REQUIREMENT FOR ADVANCE AP- medical condition for which the veteran is Secretary accepts such transfer if— PROPRIATIONS FOR THE VETERANS seeking emergency treatment is in connec- ‘‘(I) at the time the veteran could have CHOICE PROGRAM ACCOUNT OF tion with a service-connected disability. been transferred safely to such a facility or THE DEPARTMENT OF VETERANS ‘‘(2) If the Secretary determines that the AFFAIRS. provider, no such facility or provider agreed underlying medical condition for which the (a) IN GENERAL.—Section 117(c) of title 38, to accept such transfer; and veteran receives emergency treatment is not United States Code, is amended by adding at ‘‘(II) the non-Department facility in which in connection with a service-connected dis- the end the following new paragraph: such medical care or services was furnished ability, the Secretary shall recoup the cost ‘‘(7) Veterans Health Administration, Vet- made and documented reasonable attempts of transportation paid under subsection (a) erans Choice Program.’’. to transfer the veteran to a Department fa- in connection with such emergency treat- (b) CONFORMING AMENDMENT.—Section cility or community care provider. ment from any health-plan contract under 1105(a)(37) of title 31, United States Code, is ‘‘(2) The term ‘health-plan contract’ in- which the veteran is covered. amended by adding at the end the following cludes any of the following: ‘‘(c) TIMING.—Reimbursement under sub- new subparagraph: ‘‘(A) An insurance policy or contract, med- section (a) shall be made not later than 30 ‘‘(G) Veterans Health Administration, Vet- ical or hospital service agreement, member- days after receiving a request for reimburse- erans Choice Program.’’. ship or subscription contract, or similar ar- ment under such subsection. (c) APPLICABILITY.—The amendments made rangement under which health services for ‘‘(d) DEFINITIONS.—In this section, the by this section shall apply to fiscal years be- terms ‘emergency treatment’ and ‘health- individuals are provided or the expenses of ginning on and after October 1, 2016. such services are paid. plan contract’ have the meanings given SEC. 1097H. ANNUAL TRANSFER OF AMOUNTS those terms in section 1725(f) of this title.’’. ‘‘(B) An insurance program described in WITHIN DEPARTMENT OF VETERANS section 1811 of the Social Security Act (42 (b) CLERICAL AMENDMENT.—The table of AFFAIRS TO PAY FOR HEALTH CARE sections at the beginning of chapter 17 of U.S.C. 1395c) or established by section 1831 of FROM NON-DEPARTMENT PRO- such Act (42 U.S.C. 1395j). VIDERS. such title is amended by inserting after the ‘‘(C) A State plan for medical assistance Section 106 of the Veterans Access, Choice, item related to section 1725 the following approved under title XIX of such Act (42 and Accountability Act of 2014 (Public Law new item: U.S.C. 1396 et seq.). 113–146; 38 U.S.C. 1701 note) is amended by ‘‘1725A. Reimbursement for emergency med- ‘‘(D) A workers’ compensation law or plan adding at the end the following new sub- ical transportation.’’. described in section 1729(a)(2)(A) of this title. section: SEC. 1097K. REQUIREMENT THAT DEPARTMENT ‘‘(3) The term ‘third party’ means any of ‘‘(c) ANNUAL TRANSFER OF AMOUNTS.— OF VETERANS AFFAIRS COLLECT the following: ‘‘(1) IN GENERAL.—At the beginning of each HEALTH-PLAN CONTRACT INFORMA- ‘‘(A) A Federal entity. fiscal year, the Secretary of Veterans Affairs TION FROM VETERANS. ‘‘(B) A State or political subdivision of a shall transfer to the Veterans Health Admin- (a) IN GENERAL.—Subchapter I of chapter State. istration an amount equal to the amount es- 17 is amended by inserting after section 1705 ‘‘(C) An employer or an employer’s insur- timated to be required to furnish hospital the following new section: ance carrier. care, medical services, and other health care ‘‘§ 1705A. Management of health care: infor- ‘‘(D) An automobile accident reparations through non-Department of Veterans Affairs mation regarding health-plan contracts insurance carrier. providers during that fiscal year. ‘‘(a) IN GENERAL.—(1) Any individual who ‘‘(E) A person or entity obligated to pro- ‘‘(2) ADJUSTMENTS.—During a fiscal year, seeks hospital care or medical services under vide, or to pay the expenses of, health serv- the Secretary may make adjustments to the this chapter shall provide to the Secretary ices under a health-plan contract. amount transferred under paragraph (1) for such current information as the Secretary ‘‘(4) The term ‘urgent care’ shall have the that fiscal year to accommodate any may require to identify any health-plan con- meaning given that term by the Secretary in variances in demand for hospital care, med- tract under which such individual is covered.

VerDate Sep 11 2014 04:04 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.065 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3777 ‘‘(2) The information required to be pro- ‘‘(II) on or after September 11, 2001; or termine if additional instruction, prepara- vided to the Secretary under paragraph (1) ‘‘(iii) after the date that is two years after tion, training, or technical support under with respect to a health-plan contract shall the date specified in clause (i), has a serious those subparagraphs is necessary.’’. include, as applicable, the following: injury (including traumatic brain injury, (6) USE OF PRIMARY CARE TEAMS.—Sub- ‘‘(A) The name of the entity providing cov- psychological trauma, or other mental dis- section (a)(5) of such section is amended, in erage under the health-plan contract. order) incurred or aggravated in the line of the matter preceding subparagraph (A), by ‘‘(B) If coverage under the health-plan con- duty in the active military, naval, or air inserting ‘‘(in collaboration with the pri- tract is in the name of an individual other service; and’’. mary care team for the eligible veteran to than the individual required to provide infor- (B) PUBLICATION IN FEDERAL REGISTER.— the maximum extent practicable)’’ after mation under this section, the name of the Not later than 30 days after the date on ‘‘evaluate’’. policy holder of the health-plan contract. which the Secretary of Veterans Affairs sub- (7) ASSISTANCE FOR FAMILY CAREGIVERS.— ‘‘(C) The identification number for the mits to Congress the certification described Subsection (a) of such section is amended by health-plan contract. in subsection (a)(2)(B)(i) of section 1720G of adding at the end the following new para- ‘‘(D) The group code for the health-plan such title, as amended by subparagraph (A) graph: contract. of this paragraph, the Secretary shall pub- ‘‘(11)(A) In providing assistance under this ‘‘(b) ACTION TO COLLECT INFORMATION.—The lish the date specified in such subsection in subsection to family caregivers of eligible Secretary may take such action as the Sec- the Federal Register. veterans, the Secretary may enter into con- retary considers appropriate to collect the (2) EXPANSION OF NEEDED SERVICES IN ELIGI- tracts, provider agreements, and memoranda information required under subsection (a). BILITY CRITERIA.—Subsection (a)(2)(C) of such of understanding with Federal agencies, ‘‘(c) EFFECT ON SERVICES FROM DEPART- section is amended— States, and private, nonprofit, and other en- MENT.—The Secretary may not deny any (A) in clause (ii), by striking ‘‘; or’’ and in- tities to provide such assistance to such fam- services under this chapter to an individual serting a semicolon; ily caregivers. solely due to the fact that the individual (B) by redesignating clause (iii) as clause ‘‘(B) The Secretary may provide assistance under this paragraph only if such assistance fails to provide information required under (iv); and is reasonably accessible to the family care- subsection (a). (C) by inserting after clause (ii) the fol- giver and is substantially equivalent or bet- ‘‘(d) HEALTH-PLAN CONTRACT DEFINED.—In lowing new clause (iii): ter in quality to similar services provided by this section, the term ‘health-plan contract’ ‘‘(iii) a need for regular or extensive in- the Department. struction or supervision without which the has the meaning given that term in section ‘‘(C) The Secretary may provide fair com- 1725(g) of this title.’’. ability of the veteran to function in daily pensation to Federal agencies, States, and (b) CLERICAL AMENDMENT.—The table of life would be seriously impaired; or’’. other entities that provide assistance under sections at the beginning of chapter 17 of (3) EXPANSION OF SERVICES PROVIDED.—Sub- this paragraph.’’. such title is amended by inserting after the section (a)(3)(A)(ii) of such section is amend- (b) MODIFICATION OF DEFINITION OF PER- item relating to section 1705 the following ed— SONAL CARE SERVICES.—Subsection (d)(4) of new item: (A) in subclause (IV), by striking ‘‘; and’’ such section is amended— ‘‘1705A. Management of health care: informa- and inserting a semicolon; (1) in subparagraph (A), by striking ‘‘inde- tion regarding health-plan con- (B) in subclause (V), by striking the period pendent’’; tracts.’’. at the end and inserting ‘‘; and’’; and (2) by redesignating subparagraph (B) as (C) by adding at the end the following new SEC. 1097L. MODIFICATION OF HOURS OF EM- subparagraph (D); and PLOYMENT FOR PHYSICIANS AND subclause: (3) by inserting after subparagraph (A) the PHYSICIAN ASSISTANTS EMPLOYED ‘‘(VI) through the use of contracts with, or following new subparagraphs: BY THE DEPARTMENT OF VETERANS the provision of grants to, public or private ‘‘(B) Supervision or protection based on AFFAIRS. entities— symptoms or residuals of neurological or Section 7423(a) of title 38, United States ‘‘(aa) financial planning services relating other impairment or injury. Code, is amended— to the needs of injured veterans and their ‘‘(C) Regular or extensive instruction or (1) by striking ‘‘(a) The hours’’ and insert- caregivers; and supervision without which the ability of the ing ‘‘(a)(1) Except as provided in paragraph ‘‘(bb) legal services, including legal advice veteran to function in daily life would be se- (2), the hours’’; and and consultation, relating to the needs of in- riously impaired.’’. (2) by adding at the end the following new jured veterans and their caregivers.’’. SEC. 1097N. IMPLEMENTATION OF INFORMATION paragraph: (4) MODIFICATION OF STIPEND CALCULA- TECHNOLOGY SYSTEM OF DEPART- ‘‘(2) The Secretary may modify the hours TION.—Subsection (a)(3)(C) of such section is MENT OF VETERANS AFFAIRS TO AS- of employment for a physician or physician amended— SESS AND IMPROVE THE FAMILY assistant appointed in the Administration (A) by redesignating clause (iii) as clause CAREGIVER PROGRAM. under any provision of this chapter on a full- (iv); and (a) IMPLEMENTATION OF NEW SYSTEM.— time basis to be more than or less than 80 (B) by inserting after clause (ii) the fol- (1) IN GENERAL.—Not later than December hours in a biweekly pay period if the total lowing new clause (iii): 31, 2016, the Secretary of Veterans Affairs hours of employment for such employee in a ‘‘(iii) In determining the amount and de- shall implement an information technology calendar year are not less than 2,080 hours.’’. gree of personal care services provided under system that fully supports the Program and clause (i) with respect to an eligible veteran allows for data assessment and comprehen- PART III—FAMILY CAREGIVERS whose need for personal care services is sive monitoring of the Program. SEC. 1097M. EXPANSION OF FAMILY CAREGIVER based in whole or in part on a need for super- (2) ELEMENTS OF SYSTEM.—The information PROGRAM OF DEPARTMENT OF VET- vision or protection under paragraph technology system required to be imple- ERANS AFFAIRS. (2)(C)(ii) or regular or extensive instruction mented under paragraph (1) shall include the (a) FAMILY CAREGIVER PROGRAM.— or supervision under paragraph (2)(C)(iii), following: (1) EXPANSION OF ELIGIBILITY.— the Secretary shall take into account the (A) The ability to easily retrieve data that (A) IN GENERAL.—Subsection (a)(2)(B) of following: will allow all aspects of the Program (at the section 1720G of title 38, United States Code, ‘‘(I) The assessment by the family care- medical center and aggregate levels) and the is amended to read as follows: giver of the needs and limitations of the vet- workload trends for the Program to be as- ‘‘(B) for assistance provided under this sub- eran. sessed and comprehensively monitored. section— ‘‘(II) The extent to which the veteran can (B) The ability to manage data with re- ‘‘(i) before the date on which the Secretary function safely and independently in the ab- spect to a number of caregivers that is more submits to Congress a certification that the sence of such supervision, protection, or in- than the number of caregivers that the Sec- Department has fully implemented the infor- struction. retary expects to apply for the Program. mation technology system required by sec- ‘‘(III) The amount of time required for the (C) The ability to integrate the system tion 1097N(a) of the National Defense Au- family caregiver to provide such supervision, with other relevant information technology thorization Act for Fiscal Year 2017, has a se- protection, or instruction to the veteran.’’. systems of the Veterans Health Administra- rious injury (including traumatic brain in- (5) PERIODIC EVALUATION OF NEED FOR CER- tion. jury, psychological trauma, or other mental TAIN SERVICES.—Subsection (a)(3) of such sec- (b) ASSESSMENT OF PROGRAM.—Not later disorder) incurred or aggravated in the line tion is amended by adding at the end the fol- than 180 days after implementing the system of duty in the active military, naval, or air lowing new subparagraph: described in subsection (a), the Secretary service on or after September 11, 2001; ‘‘(D) In providing instruction, preparation, shall, through the Under Secretary for ‘‘(ii) during the two-year period beginning and training under subparagraph (A)(i)(I) and Health, use data from the system and other on the date specified in clause (i), has a seri- technical support under subparagraph relevant data to conduct an assessment of ous injury (including traumatic brain injury, (A)(i)(II) to each family caregiver who is ap- how key aspects of the Program are struc- psychological trauma, or other mental dis- proved as a provider of personal care services tured and carried out. order) incurred or aggravated in the line of for an eligible veteran under paragraph (6), (c) ONGOING MONITORING OF AND MODIFICA- duty in the active military, naval, or air the Secretary shall periodically evaluate the TIONS TO PROGRAM.— service— needs of the eligible veteran and the skills of (1) MONITORING.—The Secretary shall use ‘‘(I) on or before May 7, 1975; or the family caregiver of such veteran to de- the system implemented under subsection

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(a) to monitor and assess the workload of the (e) DEFINITIONS.—In this section: services and eliminating disparities in eligi- Program, including monitoring and assess- (1) ACTIVE MILITARY, NAVAL, OR AIR SERV- bility for such services. ment of data on— ICE.—The term ‘‘active military, naval, or (6) To make recommendations on coordina- (A) the status of applications, appeals, and air service’’ has the meaning given that term tion with State and local agencies and rel- home visits in connection with the Program; in section 101 of title 38, United States Code. evant nonprofit organizations on maximizing and (2) PROGRAM.—The term ‘‘Program’’ means the use and effectiveness of resources for (B) the use by caregivers participating in the program of comprehensive assistance for caregivers of veterans. the Program of other support services under family caregivers under section 1720G(a) of (d) REPORTS.— the Program such as respite care. title 38, United States Code, as amended by (1) ANNUAL REPORT TO SECRETARY.— (2) MODIFICATIONS.—Based on the moni- section 1097M of this Act. (A) IN GENERAL.—Not later than September toring and assessment conducted under para- SEC. 1097O. MODIFICATIONS TO ANNUAL EVAL- 1, 2017, and not less frequently than annually graph (1), the Secretary shall identify and UATION REPORT ON CAREGIVER thereafter until the termination date speci- implement such modifications to the Pro- PROGRAM OF DEPARTMENT OF VET- fied in subsection (e), the Chair of the Com- gram as the Secretary considers necessary to ERANS AFFAIRS. mittee shall submit to the Secretary a re- ensure the Program is functioning as in- (a) BARRIERS TO CARE AND SERVICES.—Sub- port on policies and services of the Depart- tended and providing veterans and caregivers paragraph (A)(iv) of section 101(c)(2) of the ment of Veterans Affairs relating to care- participating in the Program with services Caregivers and Veterans Omnibus Health givers of veterans. Services Act of 2010 (Public Law 111–163; 38 in a timely manner. (B) ELEMENTS.—Each report required by (d) REPORTS.— U.S.C. 1720G note) is amended by inserting ‘‘, subparagraph (A) shall include the following: (1) INITIAL REPORT.— including a description of any barriers to ac- (i) An assessment of the policies of the De- (A) IN GENERAL.—Not later than 90 days cessing and receiving care and services under partment relating to caregivers of veterans after the date of the enactment of this Act, such programs’’ before the semicolon. and services provided pursuant to such poli- (b) SUFFICIENCY OF TRAINING FOR FAMILY the Secretary shall submit to the Committee cies as of the date of the submittal of the re- CAREGIVER PROGRAM.—Subparagraph (B) of on Veterans’ Affairs of the Senate, the Com- port. mittee on Veterans’ Affairs of the House of such section is amended— (ii) A description of any recommendations Representatives, and the Comptroller Gen- (1) in clause (i), by striking ‘‘; and’’ and in- made by the Committee to improve the co- eral of the United States a report that in- serting a semicolon; ordination of services for caregivers of vet- cludes— (2) in clause (ii), by striking the period at erans between the Department and the enti- (i) the status of the planning, development, the end and inserting ‘‘; and’’; and ties specified in subparagraphs (B) through and deployment of the system required to be (3) by adding at the end the following new (E) of subsection (b)(2) and to eliminate bar- implemented under subsection (a), including clause: riers to the effective use of such services, in- any changes in the timeline for the imple- ‘‘(iii) an evaluation of the sufficiency and cluding with respect to eligibility criteria. mentation of the system; and consistency of the training provided to fam- (iii) An evaluation of the effectiveness of (ii) an assessment of the needs of family ily caregivers under such program in pre- the Department in providing services for caregivers of veterans described in subpara- paring family caregivers to provide care to caregivers of veterans. graph (B), the resources needed for the inclu- veterans under such program.’’. sion of such family caregivers in the Pro- (iv) An evaluation of the quality and suffi- SEC. 1097P. ADVISORY COMMITTEE ON CARE- ciency of services for caregivers of veterans gram, and such changes to the Program as GIVER POLICY. available from nongovernmental organiza- the Secretary considers necessary to ensure (a) ESTABLISHMENT.—There is established the successful expansion of the Program to in the Department of Veterans Affairs an ad- tions. include such family caregivers. visory committee on policies relating to (v) A description of any gaps identified by the Committee in care or services provided (B) VETERANS DESCRIBED.—Veterans de- caregivers of veterans (in this section re- scribed in this subparagraph are veterans ferred to as the ‘‘Committee’’). by caregivers to veterans and recommenda- who are eligible for the Program under (b) COMPOSITION.—The Committee shall be tions for legislative or administrative action clause (ii) or (iii) of section 1720G(a)(2)(B) of composed of the following: to address such gaps. title 38, United States Code, as amended by (1) A Chair selected by the Secretary of (vi) Such other matters or recommenda- section 1097M(a)(1) of this Act, solely due to Veterans Affairs. tions as the Chair considers appropriate. a serious injury (including traumatic brain (2) A representative from each of the fol- (2) TRANSMITTAL TO CONGRESS.—Not later injury, psychological trauma, or other men- lowing agencies or organizations selected by than 90 days after the receipt of a report tal disorder) incurred or aggravated in the the head of such agency or organization: under paragraph (1), the Secretary shall line of duty in the active military, naval, or (A) The Department of Veterans Affairs. transmit to the Committee on Veterans’ Af- air service before September 11, 2001. (B) The Department of Defense. fairs of the Senate and the Committee on (2) NOTIFICATION BY COMPTROLLER GEN- (C) The Department of Health and Human Veterans’ Affairs of the House of Representa- ERAL.—The Comptroller General shall review Services. tives a copy of such report, together with the report submitted under paragraph (1) and (D) The Department of Labor. such comments and recommendations con- notify the Committee on Veterans’ Affairs of (E) The Centers for Medicare and Medicaid cerning such report as the Secretary con- the Senate and the Committee on Veterans’ Services. siders appropriate. Affairs of the House of Representatives with (3) Not fewer than seven individuals who (e) TERMINATION.—The Committee shall respect to the progress of the Secretary in— are not employees of the Federal Govern- terminate on December 31, 2022. (A) fully implementing the system re- ment selected by the Secretary from among SEC. 1097Q. COMPREHENSIVE STUDY ON SERI- quired under subsection (a); and the following individuals: OUSLY INJURED VETERANS AND (B) implementing a process for using such (A) Academic experts in fields relating to THEIR CAREGIVERS. system to monitor and assess the Program caregivers. (a) STUDY REQUIRED.—During the period under subsection (c)(1) and modify the Pro- (B) Clinicians. specified in subsection (d), the Secretary of gram as considered necessary under sub- (C) Caregivers. Veterans Affairs shall provide for the con- section (c)(2). (D) Individuals in receipt of caregiver serv- duct by an independent entity of a com- (3) FINAL REPORT.— ices. prehensive study on the following: (A) IN GENERAL.—Not later than December (E) Such other individuals with expertise (1) Veterans who have incurred a serious 31, 2017, the Secretary shall submit to the that is relevant to the duties of the Com- injury or illness, including a mental health Committee on Veterans’ Affairs of the Sen- mittee as the Secretary considers appro- injury or illness. ate, the Committee on Veterans’ Affairs of priate. (2) Individuals who are acting as caregivers the House of Representatives, and the Comp- (c) DUTIES.—The duties of the Committee for veterans. troller General a report on the implementa- are as follows: (b) ELEMENTS.—The comprehensive study tion of subsections (a) through (c). (1) To regularly review and recommend required by subsection (a) shall include the (B) ELEMENTS.—The report required by policies of the Department of Veterans Af- following with respect to each veteran in- subparagraph (A) shall include the following: fairs relating to caregivers of veterans. cluded in such study: (i) A certification by the Secretary with (2) To examine and advise the implementa- (1) The health of the veteran and, if appli- respect to whether the information tech- tion of such policies. cable, the impact of the caregiver of such nology system described in subsection (a) (3) To evaluate the effectiveness of such veteran on the health of such veteran. has been implemented. policies. (2) The employment status of the veteran (ii) A description of how the Secretary has (4) To recommend standards of care for and, if applicable, the impact of the care- implemented such system. caregiver services and respite care services giver of such veteran on the employment (iii) A description of the modifications to provided to a caregiver or veteran by a non- status of such veteran. the Program, if any, that were identified and profit or private sector entity. (3) The financial status and needs of the implemented under subsection (c)(2). (5) To develop recommendations for legis- veteran. (iv) A description of how the Secretary is lative or administrative action to enhance (4) The use by the veteran of benefits avail- using such system to monitor the workload the provision of services to caregivers and able to such veteran from the Department of of the Program. veterans, including eliminating gaps in such Veterans Affairs.

VerDate Sep 11 2014 04:04 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.065 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3779 (5) Such other information as the Sec- (7) For Chief Business Office Purchased Subpart B—Leases at Department of retary considers appropriate. Care office space, Denver, Colorado, an Veterans Affairs West Los Angeles Campus (c) CONTRACT.—The Secretary shall enter amount not to exceed $17,215,000. SEC. 1097U. AUTHORITY TO ENTER INTO CERTAIN into a contract with an appropriate inde- (8) For an outpatient clinic, Gainesville, LEASES AT THE DEPARTMENT OF pendent entity to conduct the study required Florida, an amount not to exceed $4,686,000. VETERANS AFFAIRS WEST LOS AN- by subsection (a). (9) For an outpatient clinic, Hampton GELES CAMPUS. (d) PERIOD SPECIFIED.—The period specified Roads, Virginia, an amount not to exceed (a) IN GENERAL.—The Secretary of Vet- in this subsection is the one-year period be- $18,124,000. erans Affairs may carry out leases described ginning on the date that is four years after (10) For research space, Mission Bay, Cali- in subsection (b) at the Department of Vet- the date specified in section 1720G(a)(2)(B)(i) fornia, an amount not to exceed $23,454,000. erans Affairs West Los Angeles Campus in of title 38, United States Code, as amended (11) For an outpatient clinic, Missoula, Los Angeles, California (hereinafter in this by section 1097M(a)(1) of this Act. Montana, an amount not to exceed $7,130,000. section referred to as the ‘‘Campus’’). (b) LEASES DESCRIBED.—Leases described in (e) REPORT.—Not later than 30 days after (12) For an outpatient clinic, Northern Col- this subsection are the following: the end of the period specified in subsection orado, Colorado, an amount not to exceed (1) Any enhanced-use lease of real property (d), the Secretary shall submit to the Com- $8,776,000. under subchapter V of chapter 81 of title 38, mittee on Veterans’ Affairs of the Senate (13) For an outpatient clinic, Ocala, Flor- United States Code, for purposes of providing and the Committee on Veterans’ Affairs of ida, an amount not to exceed $5,279,000. supportive housing, as that term is defined the House of Representatives a report on the (14) For an outpatient clinic, Oxnard, Cali- in section 8161(3) of such title, that prin- results of the study required by subsection fornia, an amount not to exceed $6,297,000. cipally benefit veterans and their families. (a). (15) For an outpatient clinic, Pike County, (2) Any lease of real property for a term Georgia, an amount not to exceed $5,757,000. PART IV—FACILITY CONSTRUCTION AND not to exceed 50 years to a third party to (16) For an outpatient clinic, Portland, LEASES provide services that principally benefit vet- Maine, an amount not to exceed $6,846,000. Subpart A—Medical Facility Construction erans and their families and that are limited (17) For an outpatient clinic, Raleigh, and Leases to one or more of the following purposes: North Carolina, an amount not to exceed (A) The promotion of health and wellness, SEC. 1097R. AUTHORIZATION OF CERTAIN MAJOR $21,607,000. including nutrition and spiritual wellness. MEDICAL FACILITY PROJECTS OF (18) For an outpatient clinic, Santa Rosa, THE DEPARTMENT OF VETERANS (B) Education. California, an amount not to exceed AFFAIRS. (C) Vocational training, skills building, or $6,498,000. The Secretary of Veterans Affairs may other training related to employment. (19) For a replacement outpatient clinic, carry out the following major medical facil- (D) Peer activities, socialization, or phys- Corpus Christi, Texas, an amount not to ex- ity projects, with each project to be carried ical recreation. ceed $7,452,000. out in an amount not to exceed the amount (E) Assistance with legal issues and Fed- (20) For a replacement outpatient clinic, specified for that project: eral benefits. Jacksonville, Florida, an amount not to ex- (1) Seismic corrections to buildings, in- (F) Volunteerism. ceed $18,136,000. cluding retrofitting and replacement of high- (G) Family support services, including (21) For a replacement outpatient clinic, risk buildings, in San Francisco, California, child care. Pontiac, Michigan, an amount not to exceed in an amount not to exceed $317,300,000. (H) Transportation. $4,532,000. (2) Seismic corrections to facilities, includ- (I) Services in support of one or more of (22) For a replacement outpatient clinic, ing facilities to support homeless veterans, the purposes specified in subparagraphs (A) phase II, Rochester, New York, an amount at the medical center in West Los Angeles, through (H). not to exceed $6,901,000. California, in an amount not to exceed (3) A lease of real property for a term not (23) For a replacement outpatient clinic, $370,800,000. to exceed 10 years to The Regents of the Uni- Tampa, Florida, an amount not to exceed (3) Seismic corrections to the mental versity of California, a corporation organized $10,568,000. health and community living center in Long under the laws of the State of California, on (24) For a replacement outpatient clinic, Beach, California, in an amount not to ex- behalf of its University of California, Los Terre Haute, Indiana, an amount not to ex- ceed $317,300,000. Angeles (UCLA) campus (hereinafter in this ceed $4,475,000. (4) Construction of an outpatient clinic, section referred to as ‘‘The Regents’’), if— administrative space, cemetery, and col- SEC. 1097T. AUTHORIZATION OF APPROPRIA- (A) the lease is consistent with the master umbarium in Alameda, California, in an TIONS. plan described in subsection (g); amount not to exceed $240,200,000. (a) AUTHORIZATION OF APPROPRIATIONS FOR (B) the provision of services to veterans is (5) Realignment of medical facilities in CONSTRUCTION.—There is authorized to be ap- the predominant focus of the activities of Livermore, California, in an amount not to propriated to the Secretary of Veterans Af- The Regents at the Campus during the term exceed $415,600,000. fairs for fiscal year 2016 or the year in which of the lease; (6) Construction of a replacement commu- funds are appropriated for the Construction, (C) The Regents expressly agrees to pro- nity living center in Perry Point, Maryland, Major Projects, account $1,915,600,000 for the vide, during the term of the lease and to an in an amount not to exceed $92,700,000. projects authorized in section 1097R. extent and in a manner that the Secretary (7) Seismic corrections and other renova- considers appropriate, additional services (b) AUTHORIZATION OF APPROPRIATIONS FOR tions to several buildings and construction and support (for which The Regents is not MEDICAL FACILITY LEASES.—There is author- of a specialty care building in American compensated by the Secretary or through an ized to be appropriated to the Secretary of Lake, Washington, in an amount not to ex- existing medical affiliation agreement) Veterans Affairs for fiscal year 2016 or the ceed $161,700,000. that— year in which funds are appropriated for the (i) principally benefit veterans and their SEC. 1097S. AUTHORIZATION OF CERTAIN MAJOR Medical Facilities account $190,954,000 for the MEDICAL FACILITY LEASES OF THE families, including veterans who are severely leases authorized in section 1097S. DEPARTMENT OF VETERANS AF- disabled, women, aging, or homeless; and FAIRS. (c) LIMITATION.—The projects authorized in (ii) may consist of activities relating to The Secretary of Veterans Affairs may section 1097R may only be carried out the medical, clinical, therapeutic, dietary, carry out the following major medical facil- using— rehabilitative, legal, mental, spiritual, phys- ity leases at the locations specified and in an (1) funds appropriated for fiscal year 2016 ical, recreational, research, and counseling amount for each lease not to exceed the pursuant to the authorization of appropria- needs of veterans and their families or any of amount specified for such location (not in- tions in subsection (b); the purposes specified in any of subpara- cluding any estimated cancellation costs): (2) funds available for Construction, Major graphs (A) through (I) of paragraph (2); and (1) For an outpatient clinic, Ann Arbor, Projects, for a fiscal year before fiscal year (D) The Regents maintains records docu- Michigan, an amount not to exceed 2016 that remain available for obligation; menting the value of the additional services $17,093,000. (3) funds available for Construction, Major and support that The Regents provides pur- (2) For an outpatient mental health clinic, Projects, for a fiscal year after fiscal year suant to subparagraph (C) for the duration of Birmingham, Alabama, an amount not to ex- 2016 that remain available for obligation; the lease and makes such records available ceed $6,971,000. (4) funds appropriated for Construction, to the Secretary. (3) For an outpatient specialty clinic, Bir- Major Projects, for fiscal year 2016 for a cat- (c) LIMITATION ON LAND-SHARING AGREE- mingham, Alabama, an amount not to ex- egory of activity not specific to a project; MENTS.—The Secretary may not carry out ceed $10,479,000. (5) funds appropriated for Construction, any land-sharing agreement pursuant to sec- (4) For research space, Boston, Massachu- Major Projects, for a fiscal year before fiscal tion 8153 of title 38, United States Code, at setts, an amount not to exceed $5,497,000. year 2016 for a category of activity not spe- the Campus unless such agreement— (5) For research space, Charleston, South cific to a project; and (1) provides additional health-care re- Carolina, an amount not to exceed $6,581,000. (6) funds appropriated for Construction, sources to the Campus; and (6) For an outpatient clinic, Daytona Major Projects, for a fiscal year after fiscal (2) benefits veterans and their families Beach, Florida, an amount not to exceed year 2016 for a category of activity not spe- other than from the generation of revenue $12,664,000. cific to a project. for the Department of Veterans Affairs.

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(d) REVENUES FROM LEASES AT THE CAM- (1) IN GENERAL.—Not later than 180 days mitted to Congress by the Secretary under PUS.—Any funds received by the Secretary after the date of the enactment of this Act, paragraph (2). under a lease described in subsection (b) the Secretary shall establish a Community (k) RULE OF CONSTRUCTION.—Nothing in shall be credited to the applicable Depart- Veterans Engagement Board (in this sub- this section shall be construed as a limita- ment medical facilities account and shall be section referred to as the ‘‘Board’’) for the tion on the authority of the Secretary to available, without fiscal year limitation and Campus to coordinate locally with the De- enter into other agreements regarding the without further appropriation, exclusively partment of Veterans Affairs to— Campus that are authorized by law and not for the renovation and maintenance of the (A) identify the goals of the community; inconsistent with this section. land and facilities at the Campus. and (l) PRINCIPALLY BENEFIT VETERANS AND (e) EASEMENTS.— (B) provide advice and recommendations to THEIR FAMILIES DEFINED.—In this section the (1) IN GENERAL.—Notwithstanding any the Secretary to improve services and out- term ‘‘principally benefit veterans and their other provision of law (other than Federal comes for veterans, members of the Armed families’’, with respect to services provided laws relating to environmental and historic Forces, and the families of such veterans and by a person or entity under a lease of prop- preservation), pursuant to section 8124 of members. erty or land-sharing agreement— title 38, United States Code, the Secretary (2) MEMBERS.—The Board shall be com- (1) means services— may grant easements or rights-of-way on, prised of a number of members that the Sec- (A) provided exclusively to veterans and above, or under lands at the Campus to— retary determines appropriate, of which not their families; or (A) any local or regional public transpor- less than 50 percent shall be veterans. The (B) that are designed for the particular tation authority to access, construct, use, nonveteran members shall be family mem- needs of veterans and their families, as op- operate, maintain, repair, or reconstruct bers of veterans, veteran advocates, service posed to the general public, and any benefit public mass transit facilities, including, providers, or stakeholders. of those services to the general public is dis- fixed guideway facilities and transportation (3) COMMUNITY INPUT.—In carrying out sub- tinct from the intended benefit to veterans centers; and paragraphs (A) and (B) of paragraph (1), the and their families; and (B) the State of California, County of Los Board shall— (2) excludes services in which the only ben- Angeles, City of Los Angeles, or any agency (A) provide the community opportunities efit to veterans and their families is the gen- or political subdivision thereof, or any pub- to collaborate and communicate with the eration of revenue for the Department of lic utility company (including any company Board, including by conducting public fo- Veterans Affairs. providing electricity, gas, water, sewage, or rums on the Campus; and (m) CONFORMING AMENDMENTS.— telecommunication services to the public) (B) focus on local issues regarding the De- (1) PROHIBITION ON DISPOSAL OF PROP- for the purpose of providing such public util- partment that are identified by the commu- ERTY.—Section 224(a) of the Military Con- ities. nity, including with respect to health care, struction and Veterans Affairs and Related (2) IMPROVEMENTS.—Any improvements benefits, and memorial services at the Cam- Agencies Appropriations Act, 2008 (Public proposed pursuant to an easement or right- pus. Law 110–161; 121 Stat. 2272) is amended by of-way authorized under paragraph (1) shall (j) NOTIFICATION AND REPORTS.— striking ‘‘The Secretary of Veterans Affairs’’ be subject to such terms and conditions as (1) CONGRESSIONAL NOTIFICATION.—With re- and inserting ‘‘Except as authorized under the Secretary considers appropriate. spect to each lease or land-sharing agree- section 1097U of the National Defense Au- ment intended to be entered into or renewed (3) TERMINATION.—Any easement or right- thorization Act for Fiscal Year 2017, the Sec- at the Campus, the Secretary shall notify of-way authorized under paragraph (1) shall retary of Veterans Affairs’’. the Committee on Veterans’ Affairs of the be terminated upon the abandonment or non- (2) ENHANCED-USE LEASES.—Section 8162(c) Senate, the Committee on Veterans’ Affairs use of the easement or right-of-way and all of title 38, United States Code, is amended by of the House of Representatives, and each right, title, and interest in the land covered inserting ‘‘, other than an enhanced-use Member of the Senate and the House of Rep- by the easement or right-of-way shall revert lease under section 1097U of the National De- resentatives who represents the area in to the United States. fense Authorization Act for Fiscal Year which the Campus is located of the intent of (f) PROHIBITION ON SALE OF PROPERTY.— 2017,’’ before ‘‘shall be considered’’. Notwithstanding section 8164 of title 38, the Secretary to enter into or renew the PART V—OTHER VETERANS MATTERS United States Code, the Secretary may not lease or land-sharing agreement not later sell or otherwise convey to a third party fee than 45 days before entering into or renewing SEC. 1097V. CLARIFICATION OF PRESUMPTIONS simple title to any real property or improve- the lease or land-sharing agreement. OF EXPOSURE FOR VETERANS WHO (2) ANNUAL REPORT.—Not later than one SERVED IN VICINITY OF REPUBLIC ments to real property made at the Campus. OF VIETNAM. (g) CONSISTENCY WITH MASTER PLAN.—The year after the date of the enactment of this (a) COMPENSATION.—Subsections (a)(1) and Secretary shall ensure that each lease car- Act, and not less frequently than annually (f) of section 1116 of title 38, United States ried out under this section is consistent with thereafter, the Secretary shall submit to the Code, are amended by inserting ‘‘(including the draft master plan approved by the Sec- Committee on Veterans’ Affairs of the Sen- its territorial seas)’’ after ‘‘served in the Re- retary on January 28, 2016, or successor mas- ate, the Committee on Veterans’ Affairs of ter plans. the House of Representatives, and each Mem- public of Vietnam’’ each place it appears. EALTH ARE (h) COMPLIANCE WITH CERTAIN LAWS.— ber of the Senate and the House of Rep- (b) H C .—Section 1710(e)(4) of (1) LAWS RELATING TO LEASES AND LAND resentatives who represents the area in such title is amended by inserting ‘‘(includ- USE.—If the Inspector General of the Depart- which the Campus is located an annual re- ing its territorial seas)’’ after ‘‘served on ac- ment of Veterans Affairs determines, as part port evaluating all leases and land-sharing tive duty in the Republic of Vietnam’’. of an audit report or evaluation conducted agreements carried out at the Campus, in- (c) EFFECTIVE DATE.—The amendments by the Inspector General, that the Depart- cluding— made by subsections (a) and (b) shall take ef- ment is not in compliance with all Federal (A) an evaluation of the management of fect as if enacted on September 25, 1985. laws relating to leases and land use at the the revenue generated by the leases; and PART VI—OTHER MATTERS Campus, or that significant mismanagement (B) the records described in subsection SEC. 1097W. TEMPORARY VISA FEE FOR EMPLOY- has occurred with respect to leases or land (b)(3)(D). ERS WITH MORE THAN 50 PERCENT use at the Campus, the Secretary may not (3) INSPECTOR GENERAL REPORT.— FOREIGN WORKFORCE. enter into any lease or land-sharing agree- (A) IN GENERAL.—Not later than each of (a) IN GENERAL.—Section 411 of the Air ment at the Campus, or renew any such lease two years and five years after the date of the Transportation Safety and System Stabiliza- or land-sharing agreement that is not in enactment of this Act, and as determined tion Act (49 U.S.C. 40101 note), as added by compliance with such laws, until the Sec- necessary by the Inspector General of the section 402(g) of the James Zadroga 9/11 Vic- retary certifies to the Committee on Vet- Department of Veterans Affairs thereafter, tim Compensation Fund Reauthorization Act erans’ Affairs of the Senate, the Committee the Inspector General shall submit to the (title IV of division O of Public Law 114–113), on Veterans’ Affairs of the House of Rep- Committee on Veterans’ Affairs of the Sen- is amended— resentatives, and each Member of the Senate ate, the Committee on Veterans’ Affairs of (1) by amending to section heading to read and the House of Representatives who rep- the House of Representatives, and each Mem- as follows: ‘‘TEMPORARY VISA FEE FOR EMPLOY- resents the area in which the Campus is lo- ber of the Senate and the House of Rep- ERS WITH MORE THAN 50 PERCENT FOREIGN cated that all recommendations included in resentatives who represents the area in WORKFORCE’’; and the audit report or evaluation have been im- which the Campus is located a report on all (2) by striking subsections (a) and (b) and plemented. leases carried out at the Campus and the inserting the following: (2) COMPLIANCE OF PARTICULAR LEASES.— management by the Department of the use of ‘‘(a) TEMPORARY L VISA FEE INCREASE.— Except as otherwise expressly provided by land at the Campus, including an assessment Notwithstanding section 281 of the Immigra- this section, no lease may be entered into or of the efforts of the Department to imple- tion and Nationality Act (8 U.S.C. 1351) or renewed under this section unless the lease ment the master plan described in subsection any other provision of law, the filing fee re- complies with chapter 33 of title 41, United (g) with respect to the Campus. quired to be submitted with a petition filed States Code, and all Federal laws relating to (B) CONSIDERATION OF ANNUAL REPORT.—In under section 101(a)(15)(L) of the Immigra- environmental and historic preservation. preparing each report required by subpara- tion and Nationality Act (8 U.S.C. (i) COMMUNITY VETERANS ENGAGEMENT graph (A), the Inspector General shall take 1101(a)(15)(L)), except for an amended peti- BOARD.— into account the most recent report sub- tion without an extension of stay request,

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shall be increased by $4,500 for petitioners have an existing commercially available on- (1) IN GENERAL.—Chapter 44 of title 18, that employ 50 or more employees in the line patient self-scheduling capability that— United States Code, is amended by inserting United States if more than 50 percent of the (A) allows patients to self-schedule, con- after section 926C the following: petitioner’s employees are nonimmigrants firm, and modify outpatient and specialty ‘‘§ 926D. Reciprocity for the carrying of cer- described in subparagraph (H)(1)(b) or (L) of care appointments in real time through an tain concealed firearms section 101(a)(15) of such Act. This fee shall Internet website; ‘‘(a) IN GENERAL.—Notwithstanding any also apply to petitioners described in this (B) makes available, in real time, any ap- provision of the law of any State or political subsection who file an individual petition on pointments that were previously filled but subdivision thereof to the contrary— the basis of an approved blanket petition. later canceled by other patients; and ‘‘(1) an individual who is not prohibited by ‘‘(b) TEMPORARY H-1B VISA FEE INCREASE.— (C) allows patients to use the online sched- Federal law from possessing, transporting, Notwithstanding section 281 of the Immigra- uling capability 24 hours per day, seven days shipping, or receiving a firearm, and who is tion and Nationality Act (8 U.S.C. 1351) or per week. carrying a government-issued photographic any other provision of law, the filing fee re- (4) INTEGRATION WITH EXISTING INFRASTRUC- identification document and a valid license quired to be submitted with a petition under TURE.—The Secretary shall ensure that a or permit which is issued pursuant to the law section 101(a)(15)(H)(i)(b) of the Immigration contractor awarded a contract under this of a State and which permits the individual and Nationality Act (8 U.S.C. section is able to integrate the online sched- to carry a concealed firearm, may possess or 1101(a)(15)(H)(i)(b)), except for an amended uling capability of the contractor with the carry a concealed handgun (other than a ma- petition without an extension of stay re- Veterans Health Information Systems and chinegun or destructive device) that has quest, shall be increased by $4,000 for peti- Technology Architecture of the Department. been shipped or transported in interstate or tioners that employ 50 or more employees in (d) DURATION OF PILOT PROGRAM.— foreign commerce in any State other than the United States if more than 50 percent of (1) IN GENERAL.—Except as provided by the State of residence of the individual the petitioner’s employees are non- paragraph (2), the Secretary shall carry out that— immigrants described in subparagraph the pilot program under subsection (a) dur- ‘‘(A) has a statute that allows residents of (H)(1)(b) or (L) of section 101(a)(15) of such ing the 18-month period beginning on the the State to obtain licenses or permits to Act.’’. commencement of the pilot program. carry concealed firearms; or (b) EFFECTIVE DATES.—The amendments (2) EXTENSION.—The Secretary may extend ‘‘(B) does not prohibit the carrying of con- made by subsection (a)— the duration of the pilot program under sub- cealed firearms by residents of the State for (1) shall take effect on the date that is 30 section (a), and may expand the selection of lawful purposes; and days after the date of the enactment of this Veterans Integrated Services Networks ‘‘(2) an individual who is not prohibited by Act; and under subsection (b), if the Secretary deter- Federal law from possessing, transporting, (2) shall apply to any petition filed during mines that the pilot program is reducing the shipping, or receiving a firearm, and who is the period beginning on such effective date wait times of veterans seeking health care carrying a government-issued photographic and ending on September 30, 2025. from the Department and ensuring that identification document and is entitled and more available appointment times are filled. not prohibited from carrying a concealed SA 4664. Ms. KLOBUCHAR (for her- (e) REPORT.—Not later than one year after firearm in the State in which the individual self and Mrs. ERNST) submitted an commencing the pilot program under sub- resides otherwise than as described in para- amendment intended to be proposed by section (a), the Secretary shall submit to the graph (1), may possess or carry a concealed her to the bill S. 2943, to authorize ap- Committee on Veterans’ Affairs of the Sen- handgun (other than a machinegun or de- propriations for fiscal year 2017 for ate and the Committee on Veterans’ Affairs structive device) that has been shipped or military activities of the Department of the House of Representatives a report on transported in interstate or foreign com- the outcomes of the pilot program, includ- merce in any State other than the State of of Defense, for military construction, ing— and for defense activities of the De- residence of the individual that— (1) whether the pilot program dem- ‘‘(A) has a statute that allows residents of partment of Energy, to prescribe mili- onstrated— the State to obtain licenses or permits to tary personnel strengths for such fiscal (A) improvements to the ability of vet- carry concealed firearms; or year, and for other purposes; which was erans to schedule appointments for the re- ‘‘(B) does not prohibit the carrying of con- ordered to lie on the table; as follows: ceipt of health care from the Department; cealed firearms by residents of the State for At the end of subtitle I of title X, add the and lawful purposes. following: (B) a reduction in wait times for such ap- ‘‘(b) CONDITIONS AND LIMITATIONS.—The pointments; and possession or carrying of a concealed hand- SEC. 1097. PILOT PROGRAM ESTABLISHING A PA- TIENT SELF-SCHEDULING APPOINT- (2) such recommendations for expanding gun in a State under this section shall be MENT SYSTEM FOR THE DEPART- the pilot program to additional Veterans In- subject to the same conditions and limita- MENT OF VETERANS AFFAIRS. tegrated Services Networks as the Secretary tions, except as to eligibility to possess or (a) PILOT PROGRAM.—Not later than 120 considers appropriate. carry, imposed by or under Federal or State days after the date of the enactment of this (f) USE OF AMOUNTS OTHERWISE APPRO- law or the law of a political subdivision of a Act, the Secretary of Veterans Affairs shall PRIATED.—No additional amounts are author- State, that apply to the possession or car- commence a pilot program under which vet- ized to be appropriated to carry out the pilot rying of a concealed handgun by residents of erans use an Internet website to schedule program under subsection (a) and such pilot the State or political subdivision who are li- and confirm appointments for health care at program shall be carried out using amounts censed by the State or political subdivision medical facilities of the Department of Vet- otherwise made available to the Secretary of to do so, or not prohibited by the State from erans Affairs. Veterans Affairs for the medical support and doing so. (b) SELECTION OF LOCATIONS.—The Sec- compliance account of the Veterans Health ‘‘(c) UNRESTRICTED LICENSE OR PERMIT.—In retary shall select not fewer than three Vet- Administration. a State that allows the issuing authority for erans Integrated Services Networks in which licenses or permits to carry concealed fire- to carry out the pilot program under sub- SA 4665. Mr. HELLER (for himself arms to impose restrictions on the carrying of firearms by individual holders of such li- section (a). and Mr. CORNYN) submitted an amend- (c) CONTRACTS.— censes or permits, an individual carrying a ment intended to be proposed by him concealed handgun under this section shall (1) AUTHORITY.—The Secretary shall seek to the bill S. 2943, to authorize appro- to enter into a contract with one or more be permitted to carry a concealed handgun contractors that are able to meet the cri- priations for fiscal year 2017 for mili- according to the same terms authorized by teria under paragraph (3) to provide the tary activities of the Department of an unrestricted license of or permit issued to scheduling and confirmation capability de- Defense, for military construction, and a resident of the State. scribed in subsection (a). for defense activities of the Depart- ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this section shall be construed to preempt (2) NOTICE OF COMPETITION.— ment of Energy, to prescribe military any provision of State law with respect to (A) IN GENERAL.—Not later than 60 days personnel strengths for such fiscal after the date of the enactment of this Act, the issuance of licenses or permits to carry year, and for other purposes; which was concealed firearms.’’. the Secretary shall issue a request for pro- ordered to lie on the table; as follows: posals for the contract described in para- (2) CLERICAL AMENDMENT.—The table of graph (1). At the end of subtitle I of title X, add the sections for chapter 44 of title 18, United States Code, is amended by inserting after (B) OPEN REQUEST.—The request for pro- following: posals issued under subparagraph (A) shall be SEC. 1097. CONSTITUTIONAL CONCEALED CARRY the item relating to section 926C the fol- full and open to any contractor that is able RECIPROCITY ACT. lowing: to meet the criteria under paragraph (3). (a) SHORT TITLE.—This section may be ‘‘926D. Reciprocity for the carrying of cer- (3) SELECTION OF VENDORS.—Not later than cited as the ‘‘Constitutional Concealed Carry tain concealed firearms.’’. 120 days after the date of the enactment of Reciprocity Act of 2016’’. (3) SEVERABILITY.—Notwithstanding any this Act, the Secretary shall enter into a (b) RECIPROCITY FOR THE CARRYING OF CER- other provision of this Act, if any provision contract with one or more contractors that TAIN CONCEALED FIREARMS.— of this section, or any amendment made by

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(1) no funding provided under the contract or intelligence service. will be used for a purchase from, or a pay- (b) SUBMISSION OF CERTIFICATION.—Not SA 4666. Ms. MURKOWSKI (for her- ment to, any entity owned or controlled by later than 120 days before entering into or self, Mr. WHITEHOUSE, Mr. SULLIVAN, a person included on the list of specially des- renewing a contract described in subsection Ms. KLOBUCHAR, Mr. FRANKEN, Ms. ignated nationals and blocked persons main- (a), the Secretary of Defense shall submit to BALDWIN, Mrs. BOXER, and Mr. REED) tained by the Office of Foreign Assets Con- the congressional defense committees in submitted an amendment intended to trol of the Department of the Treasury pur- writing the certification described in that be proposed by her to the bill S. 2943, to suant to Executive Order 13661 (79 Fed. Reg. subsection and the reasons of the Secretary 15535; relating to blocking property of addi- for making the certification. authorize appropriations for fiscal year (c) RULE OF CONSTRUCTION.—Nothing in 2017 for military activities of the De- tional persons contributing to the situation in Ukraine) or any other executive order or this section shall be construed to affect the partment of Defense, for military con- other provision of law imposing sanctions application of sanctions that are not related struction, and for defense activities of with respect to the Russian Federation in to national security space launch activities. the Department of Energy, to prescribe connection with the invasion of Crimea by military personnel strengths for such the Russian Federation; and SA 4669. Mr. SASSE (for himself and fiscal year, and for other purposes; (2) no individual who in any way supports Mr. LEE) submitted an amendment in- which was ordered to lie on the table; the delivery of services or property for such tended to be proposed by him to the as follows: space launch activities poses a counterintel- bill S. 2943, to authorize appropriations At the end of subtitle I of title X, add the ligence risk to the United States or is sub- for fiscal year 2017 for military activi- following: ject to the influence of any foreign military ties of the Department of Defense, for or intelligence service. SEC. 1097. ELIGIBILITY OF CERTAIN INDIVIDUALS military construction, and for defense (b) SUBMISSION OF CERTIFICATION.—Not FOR INTERMENT IN NATIONAL activities of the Department of Energy, CEMETERIES. later than 120 days before entering into or renewing a contract described in subsection to prescribe military personnel (a) IN GENERAL.—Section 2402(a) of title 38, strengths for such fiscal year, and for United States Code, is amended by adding at (a), the Secretary of Defense shall submit to the end the following new paragraph: the congressional defense committees in other purposes; which was ordered to ‘‘(10) Any individual— writing the certification described in that lie on the table; as follows: ‘‘(A) who— subsection and the reasons of the Secretary Strike section 591 and insert the following: ‘‘(i) was naturalized pursuant to section for making the certification. SEC. 591. MODIFICATION OF THE MILITARY SE- 2(1) of the Hmong Veterans’ Naturalization (c) RULE OF CONSTRUCTION.—Nothing in LECTIVE SERVICE ACT. Act of 2000 (Public Law 106–207; 8 U.S.C. 1423 this section shall be construed to affect the (a) SENSE OF CONGRESS.—It is the sense of note); and application of sanctions that are not related Congress that there are important legal, po- ‘‘(ii) at the time of the individual’s death to national security space launch activities. litical, and social questions about who resided in the United States; or should be required to register for military ‘‘(B) who— SA 4668. Mr. MCCAIN submitted an selective service and how the Military Selec- ‘‘(i) the Secretary determines served hon- amendment intended to be proposed to tive Service Act benefits the national secu- orably with a special guerrilla unit or irreg- amendment SA 4647 submitted by Mr. rity of the United States of America. ular forces operating from a base in Laos in SHELBY and intended to be proposed to (b) SUNSET OF MILITARY SELECTIVE SERVICE support of the Armed Forces of the United the bill S. 2943, to authorize appropria- ACT.—The Military Selective Service Act (50 States at any time during the period begin- tions for fiscal year 2017 for military U.S.C. 3801 et seq.) is amended by adding at ning February 28, 1961, and ending May 7, the end the following new section: activities of the Department of De- ‘‘SEC. 23. This Act and the requirements of 1975; and fense, for military construction, and ‘‘(ii) at the time of the individual’s death— this Act shall cease to be in effect on the ‘‘(I) was a citizen of the United States or for defense activities of the Depart- date that is three years after the date of the an alien lawfully admitted for permanent ment of Energy, to prescribe military enactment of this National Defense Author- residence in the United States; and personnel strengths for such fiscal ization Act for Fiscal Year 2017.’’. (c) TRANSFERS IN CONNECTION WITH SUN- ‘‘(II) resided in the United States.’’. year, and for other purposes; which was SET.— (b) EFFECTIVE DATE.—The amendment ordered to lie on the table; as follows: (1) PROHIBITION ON REESTABLISHMENT OF made by subsection (a) shall apply with re- At the end, add the following: spect to an individual dying on or after the OSSR.—Notwithstanding the proviso in sec- SEC. 1037. RESTRICTIONS ON THE PROCURE- date of the enactment of this Act. tion 10(a)(4) of the Military Selective Service MENT OF SERVICES OR PROPERTY Act (50 U.S.C. 3809(a)(4)), the Office of Selec- IN CONNECTION WITH MILITARY tive Service Records shall not be reestab- SA 4667. Mr. MCCAIN submitted an SPACE LAUNCH FROM ENTITIES amendment intended to be proposed to OWNED OR CONTROLLED BY PER- lished after the sunset of the Military Selec- amendment SA 4509 submitted by Mr. SONS SANCTIONED IN CONNECTION tive Service Act pursuant to section 23 of WITH RUSSIA’S INVASION OF CRI- that Act (as added by subsection (b)). NELSON (for himself, Mr. GARDNER, Mr. MEA. (2) TRANSFER OF ASSETS AND RESOURCES.— BENNET, Mr. SHELBY, and Mr. DURBIN) (a) IN GENERAL.—On and after the date of Not later than 180 days after the sunset of and intended to be proposed to the bill the enactment of this Act, the Secretary of Military Selective Service Act as described S. 2943, to authorize appropriations for Defense may not enter into or renew a con- in paragraph (1), the assets, contracts, prop- fiscal year 2017 for military activities tract for the procurement of services or erty, and records held by the Selective Serv- of the Department of Defense, for mili- property in connection with space launch ac- ice System, and the expended balances of tary construction, and for defense ac- tivities associated with the evolved expend- any appropriations available to the Selective tivities of the Department of Energy, able launch vehicle program unless the Sec- Service System, shall be transferred to the to prescribe military personnel retary, as a result of affirmative due dili- Administration of General Services. strengths for such fiscal year, and for gence and in consultation with the Secretary (d) REPORT.—Not later than 180 days after of the Treasury, conclusively certifies in ac- the date of the enactment of this Act, the other purposes; which was ordered to cordance with subsection (b), that— Secretary of Defense shall submit to the lie on the table; as follows: (1) no funding provided under the contract Committees on Armed Services of the Senate At the end, add the following: will be used for a purchase from, or a pay- and the House of Representatives, and make SEC. 1037. RESTRICTIONS ON THE PROCURE- ment to, any entity owned or controlled by available to the public on an Internet MENT OF SERVICES OR PROPERTY a person included on the list of specially des- website of the Department of Defense avail- IN CONNECTION WITH MILITARY ignated nationals and blocked persons main- able to the public, a report on the current SPACE LAUNCH FROM ENTITIES tained by the Office of Foreign Assets Con- and future need for compulsory military se- OWNED OR CONTROLLED BY PER- SONS SANCTIONED IN CONNECTION trol of the Department of the Treasury pur- lective service. The report shall recommend WITH RUSSIA’S INVASION OF CRI- suant to Executive Order 13661 (79 Fed. Reg. and justify one of the courses of action as MEA. 15535; relating to blocking property of addi- follows: (a) IN GENERAL.—On and after the date of tional persons contributing to the situation (1) Maintain the current selective service the enactment of this Act, the Secretary of in Ukraine) or any other executive order or system.

VerDate Sep 11 2014 04:04 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A09JN6.067 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE June 9, 2016 CONGRESSIONAL RECORD — SENATE S3783 (2) Expand the pool of individuals subject fellow, Dave Deptula, be granted floor SECURITIES INVESTOR PROTECTION to selective service. privileges for the remainder of this ses- CORPORATION (3) Repeal the Military Selective Service sion of Congress. BONNIE A. BARSAMIAN DUNN, OF NEW YORK, TO BE A Act and move to an all volunteer force. DIRECTOR OF THE SECURITIES INVESTOR PROTECTION The PRESIDING OFFICER. Without CORPORATION FOR A TERM EXPIRING DECEMBER 31, 2017, f objection, it is so ordered. VICE ORLAN JOHNSON, RESIGNED. AUTHORITY FOR COMMITTEES TO f FEDERAL MARITIME COMMISSION MEET MICHAEL A. KHOURI, OF KENTUCKY, TO BE A FEDERAL COMMEMORATING THE 100TH ANNI- MARITIME COMMISSIONER FOR A TERM EXPIRING JUNE COMMITTEE ON ENVIRONMENT AND PUBLIC VERSARY OF THE RESERVE OF- 30, 2021. (REAPPOINTMENT) WORKS FICERS’ TRAINING CORPS PRO- IN THE AIR FORCE Mr. GARDNER. Mr. President, I ask GRAM OF THE ARMY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- unanimous consent that the Com- Mr. GARDNER. Mr. President, I ask CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE mittee on Environment and Public unanimous consent that the Senate AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION Works be authorized to meet during proceed to the consideration of S. Res. 601: the session of the Senate on June 9, 487, submitted earlier today. To be general 2016, at 9:30 a.m., in room SD–406 of the The PRESIDING OFFICER. The LT. GEN. TERRENCE J. O’SHAUGHNESSY Dirksen Senate Office Building, to con- clerk will report the resolution by IN THE NAVY duct a hearing entitled, ‘‘Implications title. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT of the Supreme Court Stay of the Clean The senior assistant legislative clerk TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: Power Plan.’’ read as follows: To be commander The PRESIDING OFFICER. Without A resolution (S. Res. 487) commemorating objection, it is so ordered. the 100th anniversary of the Reserve Officers’ RON J. ARELLANO Training Corps program of the Army. DANE E. BERENSEN COMMITTEE ON THE JUDICIARY STEPHEN W. BISHOP There being no objection, the Senate GREGORY S. CARDWELL Mr. GARDNER. Mr. President, I ask GEOFFREY D. CHRISTMAS unanimous consent that the Com- proceeded to consider the resolution. THOMAS W. DOBKINS Mr. GARDNER. I ask unanimous con- ANTHONY J. EVERHART mittee on the Judiciary be authorized MATTHEW T. GRIFFIN to meet during the session of the Sen- sent that the resolution be agreed to, CHARLES H. HALL the preamble be agreed to, and the mo- JOSEPH B. HARRISON II ate on June 9, 2016, at 10 a.m., in room SUZANNE T. HUBNER SD–226 of the Dirksen Senate Office tions to reconsider be considered made STEPHEN M. KANTZ and laid upon the table with no inter- TIMOTHY E. LOWERY Building. ALAN C. MENGWASSER The PRESIDING OFFICER. Without vening action or debate. JOSIE L. MOORE The PRESIDING OFFICER. Without GARY M. OLIVI objection, it is so ordered. RUSSELL G. SCHUHART II objection, it is so ordered. BRIAN L. SCHULZ COMMITTEE ON RULES AND ADMINISTRATION The resolution (S. Res. 487) was KENNETH G. SMITH Mr. GARDNER. Mr. President, I ask ROBERT J. SPROAT agreed to. PATRICK A. STAUB unanimous consent that the Com- The preamble was agreed to. FREDERICK B. STEVES mittee on Rules and Administration be (The resolution, with its preamble, is YONNETTE D. THOMAS PATRICK A. THOMPSON authorized to meet during the session printed in today’s RECORD under ‘‘Sub- JOSHUA J. VERGOW of the Senate on June 9, 2016, at 2 p.m., mitted Resolutions.’’) WILLIAM M. WILSON in room SR–301 of the Russell Senate THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT f TO THE GRADE INDICATED IN THE UNITED STATES NAVY Office Building. UNDER TITLE 10, U.S.C., SECTION 624: ORDERS FOR FRIDAY, JUNE 10, 2016 The PRESIDING OFFICER. Without To be commander Mr. GARDNER. Mr. President, I ask objection, it is so ordered. KATIE M. ABDALLAH SELECT COMMITTEE ON INTELLIGENCE unanimous consent that when the Sen- DANIEL W. BERGER ate completes its business today, it ad- THOMAS E. CHILDERS, JR. Mr. GARDNER. Mr. President, I ask FREDERICK L. CRAWFORD unanimous consent that the Select journ until 8:15 a.m., Friday, June 10; DARIN D. DEBOW that following the prayer and pledge, JAY F. ELSON Committee on Intelligence be author- PAUL F. FARRELL, JR. ized to meet during the session of the the morning hour be deemed expired, MATTHEW R. FOMBY the Journal of proceedings be approved TRISHA N. FRANCIS Senate on June 9, 2016, at 2 p.m., in RANDAL E. FULLER room SH–219 of the Hart Senate Office to date, and the time for the two lead- WILBUR L. HALL II ers be reserved for their use later in ANDREW R. LUCAS Building. JAMES D. MCCARTNEY The PRESIDING OFFICER. Without the day; further, that following leader NANCY MOULIS remarks, the Senate resume consider- TONY R. NICHOLS objection, it is so ordered. MATTHEW P. OHARA ation of S. 2943; further, that the filing JAMES A. PAPPAS f deadline for second-degree amendments ALBERTO O. PEREZ PHILLIP C. PETERSEN PRIVILEGES OF THE FLOOR to S. 2943 be at 8:45 a.m. tomorrow; fi- MERZON J. QUIAZON nally, that notwithstanding the provi- GARY L. RAYMOND Mr. LEE. Mr. President, I ask unani- STEPHANIE A. SMITH sions of rule XXII, the cloture vote MICHAEL L. SOUTH II mous consent that Frederick L. with respect to S. 2943 occur at 9 a.m. THOMAS E. STEWART Dressler, a national security fellow in RYAN C. TASHMA tomorrow. VICTOR T. TAYLOR, JR. the office of Senator AYOTTE be grant- The PRESIDING OFFICER. Is there YOLANDA M. TRIPP ed the privilege of the floor during con- NATHAN J. WINTERS objection? sideration of S. 2943, the National De- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Without objection, it is so ordered. TO THE GRADE INDICATED IN THE UNITED STATES NAVY fense Authorization Act. UNDER TITLE 10, U.S.C., SECTION 624: f The PRESIDING OFFICER. Without To be commander objection, it is so ordered. ADJOURNMENT UNTIL 8:15 A.M. MATTHEW J. ACANFORA Mr. GRASSLEY. Mr. President, I ask TOMORROW DAVID J. AMBROSE unanimous consent that Philip Hines, a DAVID J. BERGESEN Mr. GARDNER. If there is no further MICHAEL A. BETHER detailee on my staff, be granted floor business to come before the Senate, I JAMES F. BRENNAN privileges through the end of the 114th DONALD L. BRYANT, JR. ask unanimous consent that it stand JASON K. CUMMINGS Congress. adjourned under the previous order. DAVID B. DAMATO I also ask unanimous consent that ROBERT J. DIRGA There being no objection, the Senate, GARY R. DONLEY, JR. Janet Temko-Blinder, another detailee at 8:14 p.m., adjourned until Friday, BRIAN B. DURAND on my staff, be granted floor privileges DONALD C. FERGUSSON June 10, 2016, at 8:15 a.m. KATIE A. HAMILTON through the end of the 114th Congress. f COREY M. JACOBS The PRESIDING OFFICER. Without DAVID P. KAWESIMUKOOZA ANDREW E. MAROCCO objection, it is so ordered. NOMINATIONS EDWARD A. MCLELLAN III Mr. SULLIVAN. Mr. President, I ask Executive nominations received by ROMAN C. MILLS KENNETH B. MYRICK unanimous consent that my military the Senate: JASON S. NAKATA

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CHRISTOPHER A. NIGON DWIGHT A. BRUNGARD JONATHAN T. HAYES DANIEL R. RAHN CHRISTOPHER L. BRYAN PETER W. HAYNES CAROLINE E. ROCHFORT WILLIAM A. BUELL TORY T. HEGRENES ANDREW M. SCHIMENTI MICHAEL P. BUKOLT, JR. ADAM N. HEIL MELINDA K. SCHRYVER DAVID L. BURKETT AARON L. HELGERSON TEDDY G. TAN JOSEPH L. CALDWELL MICHAEL C. HELTZEL ALEXANDER J. TERESHKO LENNARD D. CANNON JAMES M. HENRY MICHAEL S. TIEFEL JEREMY L. CARLSON SAMUEL W. HERBST JASON C. TURSE GUILLERMO I. CARRILLO THOMAS A. HERROLD DENNIS A. WISCHMEIER CHRISTOPHER J. CARROLL KEITH R. HEYEN JOSEPH A. ZERBY RYAN R. CARSTENS JOHN A. HILBURN KRISTOPHER A. CARTER WADE B. HILDERBRAND THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LARRION D. CASSIDY TIFFANY F. HILL TO THE GRADE INDICATED IN THE UNITED STATES NAVY PHILLIP J. CASTANEDA KENNETH B. HOCKYCKO UNDER TITLE 10, U.S.C., SECTION 624: LOUIS F. CATALINA IV RODERICK L. HODGES To be commander DUSTIN D. CHAPIN JAMES H. HOEY SCOTT A. CHARNIK JONATHAN A. HOPKINS KENNETH O. ALLISON, JR. DOUGLAS S. CHASE MATTHEW R. HOPKINS JAMES L. BELL STEPHEN D. CHIVERS BRYAN M. HOPPER IVAN R. BORJA CHARLES A. CHMIELAK BRADLEY A. HOYT CURTIS BROWN BENNETT M. CHRISTMAN GREGORY J. HRACHO TERRELL A. BURNETT JEFFREY J. CLARK JAKE M. HUBER ZEVERICK L. BUTTS CHRISTOPHER J. CLAY BARRY E. HUDSPETH KYLE A. CALDWELL DONALD J. CLEMONS AMBER L. HUNTER BRIAN N. CARROLL PAUL K. COCKER ERIC D. HUTTER JAMES M. CATTEAU DAVID S. COHICK BRENT S. JACKSON FREDIRICK R. CONNER JOHN C. COLEMAN DONTE L. JACKSON ROBERT J. DAFOE DANIEL M. COLON LOREN M. JACOBI AARON C. ERICKSON JAMES P. CONKLIN BRIAN A. JAMISON KEITH B. FOSTER CRAIG H. CONNOR DALLAS R. JAMISON II HENRY FUENTES SEAN R. COOK BRENT H. JAQUITH CLEMENTE V. GATTANO KENNETH T. COOKE KYLE B. JASON DANA S. GIBSON DAVID J. CORDOVA GARY E. JENKINS, JR. RUSSELL J. GOFF, JR. CLINTON A. CORNELL DEBORAH A. JIMENEZ KIRBY A. HALLAS JEFFREY B. CORNES JOHN D. JOHN RICHARD C. HIRN DONALD H. COSTELLO III HARLAN M. JOHNSON CHAD A. HOLLINGER MATTHEW B. COX JED R. JOHNSON JAMES J. HORNEF CARL R. CRINGLE BOBBY R. JONES STEPHEN E. KASHUBA TIKO S. CROFOOT JOSHUA L. JONES TERRY L. KERR DEVERE J. CROOKS KIMBERLY E. JONES RICHARD B. KILLIAN RAYMOND B. CROSBY STERLING S. JORDAN RUSSELL A. LAWRENCE NORMAN B. CRUZ CHAD S. KAISER THOMAS L. LOOP DIANE S. CUA JOHN R. KAJMOWICZ WAYNE E. MARK BRIAN A. CUMMINGS COLIN J. KANE JACK E. MORRIS CHRISTOPHER R. CUMMINS TERRI D. KANSY TODD D. NELSON THOMAS E. CUNNINGHAM III RYAN R. KENDALL TODD M. OAKES MICHAEL J. CURCIO JALAL F. KHAN ERIC C. OLSEN DONALD J. CURRAN III SEAN S. KIDO CHRISTOPHER S. PALMERONE ADDISON G. DANIEL DONALD B. KING JAMES S. PIRGER SCOTT A. DARRAN NOLAN S. KING BRIAN PONCE DAVID J. DARTEZ JUDDSON M. KIRK MARK A. PUTTKAMMER THOMAS R. DAVIS HAMISH P. KIRKLAND RANDY R. REID DANIEL J. DECICCO ERIC M. KIRLIN STEVEN R. REYNOLDS ALLEN P. DECKERS DANIEL E. KITTS MATTHEW T. RIGGINS ROY D. DECOSTER KRISTOPHER D. KLAIBER PAUL V. ROCK JAMIE L. DELCORE JEDEDIAH A. KLOPPEL SHAWN T. RUMBLEY CHARLES B. DENNISON GREGORY C. KNUTSON MICHAEL K. SIMS ANDREW J. DESANY BRIAN R. KOLL DONOVAN B. WORTHAM STEVEN L. DOBESH MATTHEW R. KOOP FELIX O. WYATT JEREMY B. DOUGHTY ANDREW B. KOY TIMOTHY L. YEICH JAMES R. DOWNES MATTHEW B. KRAUZ DAVID R. DRAKE II ADAM J. KRUPPA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEPHEN C. DUBA, JR. MARK D. KURTZ TO THE GRADE INDICATED IN THE UNITED STATES NAVY KEVIN C. DUCHARME KELLY J. LADD UNDER TITLE 10, U.S.C., SECTION 624: AUSTIN W. DUFF IAN P. LAMBERT To be commander WILLIAM M. DULL MATTHEW J. LAMBERT RYAN T. EASTERDAY KENNETH J. LANDRY BENJAMIN P. ABBOTT CHRISTOPHER S. EDWARDS DAVID F. LANE THOMAS P. ABBOTT THOMAS J. EISENSTATT ROBERT D. LANE RAUL T. ACEVEDO ROBERT K. ELIZONDO ZACHARY W. LAPOINTE PATRICK T. ACKER MATTHEW T. ERDNER HECTOR C. LAUS JEFFREY M. ADAMS JEREMY R. EWING RICHARD I. LAWLOR JOSEPH R. ADAMS MICHAEL J. FABRIZIO STEVEN C. LAWRENCE DOMINICK ALBANO JEFFREY C. FASSBENDER BRETT C. LEFEVER WILLIAM H. ALBERT DAVID W. FASSEL THEODORE J. LEMERANDE CAMERON M. ALJILANI SCOTT P. FENTRESS JONATHAN E. LENTZ DAWN C. ALLEN WILLIAM J. FIACK LEONARD M. LEOS DOUGLAS W. ALLEY CHRIS T. FISHER JOSHUA R. LEWIS REX T. AMAN JEFFREY W. FISHER JOSEPH V. LIBASCI ERNEST L. ANDERSON, JR. CHRISTINE L. FIX IAN J. LILYQUIST ERIC L. ASTLE MICHELLE R. FONTENOT ROBERT R. LITTMAN DAVID W. AYOTTE, JR. MICHAEL D. FORTENBERRY CRAIG E. LITTY JOHN P. BAGGETT WILLIAM P. FRANK MICHAEL E. LOFGREN TRAVIS A. BAGWELL NICHOLAS J. FRAZIER JARED F. LOLLER KYLE J. BAKER JOSEPH S. FREDERICK DUSTIN T. LONERO JOHN P. BALBI TERRENCE E. FROST BRADLEY D. LONG JUSTIN D. BANZ JAMES L. FUEMMELER BRIAN J. LOUSTAUNAU ROBERT I. BARKER NEIL R. GABRIEL DAMON B. LOVELESS WESLEY A. BARNES MARK P. GANDER SCOTT M. LOWE BRETT E. BATEMAN DAVID M. GARDNER KEITH A. LOWENSTEIN BRIAN J. BAUMGAERTNER ROBERT J. GARIS ERIC S. LOWRY ADAM T. BEAN ANTHONY M. GARNER BRIAN S. LUEBBERT ANDREW N. BEHLKE PATRICK M. GEGG MATTHEW P. LUFF ERIC J. BELL WAYNE S. GEHMAN THOMAS D. LUNA BRIAN D. BERNARDIN DARREN D. GERHARDT NATHAN D. LUTHER RICHARD BETANCOURT MICHAEL R. GERHART MATTHEW J. MAHER BRIAN A. BETHEA DONANN M. GILMORE CASEY M. MAHON JEFFREY D. BETZ ALAPAKI F. GOMES III SUZANNE L. MAINOR CHAD M. BIBLER LUIS A. GONZALEZ WILLIAM F. MAJOR, JR. RAYMOND G. BIEZE III LETWA L. GOODEN NICHOLAS C. MALOKOFSKY ROBERT C. BIGGS JOHN J. GORMAN SCOTT P. MALONEY JAY D. BIJEAU ROSE A. GOSCINSKI LEBO R. MANCUSO CHARLES G. BIRCHFIELD ERIC R. GOULD CHARLES G. MANN DAVID A. BIZZARRI JAMES D. GRANT ROBIN N. MARLING JEREMIAH BLANCO MATTHEW F. GRAY KEVIN M. MARSH WILLIAM C. BLODGETT, JR. MATTHEW T. GRIFFIN IRA E. MARSHALL JASON R. BOLES JARROD B. GROVES JAMES L. MARTELLO BRIAN M. BOURGEOIS JONATHAN J. HAASE WILLIAM F. MARTIN DANIEL A. BOUTROS JAKE L. HAFF IV DANIEL M. MARTINS DANIEL J. BOYER ETHAN D. HAINES DAVID B. MATSUMOTO KARL BRANDL ROBERT D. HALE JAMES P. MAY DAVID P. BRENNAN RICHARD D. HALEY KEVIN L. MCCARTY BRIAN C. BROADWATER JUSTIN T. HALLIGAN BARRY D. MCCULLOCH AARON D. BROWN NICHOLAS S. HAMPTON JESSE A. MCFADDEN DARRELL W. BROWN II BRYAN M. HANEY TIMOTHY J. MCKAY PATRICK S. BROWN JAMES C. HANLON MATTHEW A. MCKENNA JEFFREY S. BRUNER RONALD V. HATT MATHEW J. MCKERRING

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PAUL J. MCKERRY STEPHEN R. SKODA JOSHUA M. FIELDS MICHAEL V. MCLAINE JASON D. SLABAUGH JOHN M. GALLEBISHOP PETER T. MCMORROW RICHARD A. SMITH JONATHAN W. GANDY KEVIN R. MCNATT WADE K. SMITH RICHARD C. GARGANO RUSSELL P. MEIER HORST D. SOLLFRANK, JR. JASON A. HICKLE SEAN W. MERRITT JAMES J. SORDI, JR. CHARLES Y. HIRSCH CHRISTOPHER G. METZ JOSEPH M. SPINKS ANTHONY C. HOLMES RYAN E. MEWETT STEPHEN D. STEACY JOHN D. JUDD PAUL C. MEYER JAMES W. STEFFEN BIRUTE I. JURJONAS ERIC E. MEYERS SETH A. STEGMAIER JOSEPH E. KRAMER ANTHONY J. MILITELLO DOUGLAS G. STEIL MATTHEW J. MALINOWSKI ROBERT D. MIMS MICHAEL R. STEPHEN ARMANDO MARRONFERNANDEZ PETER C. MITALAS JEFFREY J. STGEORGE JEROME S. MCCONNON JOSEPH B. MITZEN ANDREW D. STILES DAVID A. MCGLONE SCOTT A. MOAK JON P. SUNDERLAND JOSEPH D. MEIER MARK R. MONAHAN CHRISTOPHER D. SUTHERLAND CHRISTOPHER MENDOZA NATHAN K. MOORE LUKE J. SWAIN MATTHEW R. ONEAL PATRICK D. MORLEY GREGG W. SWEENEY JONATHAN E. PAGE SAMUEL P. MORRISON MATTHEW J. SWEENEY UPENDRA RAMDAT STEPHEN P. MORRISSEY NICHOLAS J. SYLVESTER JOHN A. RAMSEY MICHAEL K. MOSI PHILLIP SYLVIA SARAH B. RICE JAMES J. MOTT JARED A. THARP BRIAN D. SNEED MATTHEW T. MULCAHEY ADAM J. THOMAS WILLIAM J. SUMSION DANIEL M. MURPHY II COLIN J. THOMPSON JACK A. TAPPE NATHAN A. MURRAY SHANNON M. THOMPSON CHAD N. TIDD MATTHEW D. MYERS AHREN O. THORNTON ERROL A. WATSON, JR. JOHN C. NADDER DAVID M. TIGRETT THOMAS C. NEILL, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SCOTT K. TIMMESTER MICHAEL R. NEILSON TO THE GRADE INDICATED IN THE UNITED STATES NAVY JASON E. TIPPETT JOHN W. NELSON UNDER TITLE 10, U.S.C., SECTION 624: BRIAN W. TOLLEFSON PETER H. NELSON MICHAEL P. TRUMBULL To be commander TERRY A. NEMEC JAMES M. UDALL GREGORY S. NERY CHAD K. UPRIGHT DAVID R. DONOHUE CHRISTIAN R. NESSET ALLYN G. UTTECHT MICHAEL B. EVANS SEAN M. NEWBY PETER J. FIRENZE BENJAMIN P. NEWHART TODD W. VALASCO SANTICO J. VALENZUELA DUANE C. FRIST CHANDRA S. NEWMAN REGAN G. HANSON STEPHEN P. NIEMANN JONATHAN J. VANECKO WILLIAM D. VANN DOUGLAS D. HOOL MATTHEW J. NIESWAND MILO J. KACIAK JASON M. NOYES NATHANIEL R. VELCIO RYAN G. VEST STEPHEN E. KRUM BRYANT A. NUNN MICHAEL G. NEWTON DANIEL B. OAKEY STEVEN E. VITRELLA STEVEN J. WAGNER DANIEL J. RADOCAJ DANIEL K. OHARA KIMBERLY J. RIGGLE DOUGLAS W. OLDHAM BENJAMIN D. WALBORN JOHN I. WALDEN III ADAM SCHANTZ TRISTAN V. OLIVERIA TIMOTHY F. TUSCHINSKI MICHAEL T. OREILLY ADAM J. WALKER DANIEL E. WALKER RICHARD M. ULLOA PATRICK K. OREILLY, JR. JASON D. WEAVER RYAN P. OVERHOLTZER JEFFERY A. WALKER WARREN R. OVERTON BRADFORD D. WALLACE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AUDRY T. OXLEY DONALD J. WALLACE TO THE GRADE INDICATED IN THE UNITED STATES NAVY RICARDO V. PADILLA DAVID M. WALSTON UNDER TITLE 10, U.S.C., SECTION 624: MICHELLE D. PAGE JUSTIN A. WARD To be commander MICHAEL A. PAISANT JERROD E. WASHBURN ASHLEY L. PANKOP BRIAN P. WATT RANDY J. BERTI LARRY J. PARKER MICHELLE D. WEISSINGER STEVEN J. BRYANT MICHAEL M. PATTERSON GORDEN S. WELLS REECO D. CERESOLA SAMUEL D. PELLEY JASON D. WELLS THOMAS M. CLEMENTSON CHRISTOPHER P. PENN NATHAN S. WEMETT STEPHEN C. KEHRT TODD B. PENROD KRISTOFER J. WESTPHAL JEFFREY A. LAKE ANTHONY R. PEREZ DANNY F. WESTPHALL, JR. JOHN D. LESEMANN, JR. JOHN D. PERKINS STEPHEN J. WEYDERT DONOVAN A. MAXWELL MATTHEW N. PERSIANI BRADLEY R. WHITTINGTON JOSE A. RIEFKOHL ANDREW L. PETERS JOHN C. WIEDMANN III TIMOTHY S. RYAN JOHN C. PETERSON, JR. STEPHEN A. WIEGEL JULIA M. TROBAUGH MATTHEW P. PETERSON ANDREW R. WIESE MICHAEL WINDOM KATHRYN S. WIJNALDUM DUSTIN W. PEVERILL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL E. PIANO SCOTT T. WILBUR JOHN R. WILKINSON TO THE GRADE INDICATED IN THE UNITED STATES NAVY MATTHEW L. PICINICH UNDER TITLE 10, U.S.C., SECTION 624: BRADLEY S. PIKULA CHRISTOPHER S. WILLIAMS MICHAEL R. POE JACOB J. WILLIAMS To be commander JANICE A. POLLARD JASON R. WILLIAMS BENJAMIN C. POLLOCK JAMES P. WILLIAMSON JODIE K. CORNELL MICHAEL J. POPLAWSKI RICHARD M. WINSTEAD JENNIFER L. CRAGG DANIEL R. POST CHRISTOPHER T. WINTERS CHARLES J. DREY DOUGLAS PRATT NICHOLAS E. WISSEL JOHN E. FAGE COLIN A. PRICE JASON M. WITT REANN S. MOMMSEN TREVOR J. PROUTY MICHAEL K. WITT SEAN B. ROBERTSON JONATHAN P. PUGLIA GABRIEL D. YANCEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEVEN C. PUSKAS STEPHEN V. YENIAS TO THE GRADE INDICATED IN THE UNITED STATES NAVY TRAVIS A. PYLE KATHLEEN J. YOUNGBERG UNDER TITLE 10, U.S.C., SECTION 624: PRESTON M. RACKAUSKAS RICHARD J. ZAMBERLAN ANDREA M. RAGUSA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be commander THOMAS G. RALSTON TO THE GRADE INDICATED IN THE UNITED STATES NAVY PATRICIA H. AJOY KYLE C. READ UNDER TITLE 10, U.S.C., SECTION 624: JENNIFER N. BARNES MICHAEL P. REDEL To be commander LISA C. BERG DANIEL A. REIHER DANIEL G. BETANCOURT PAUL B. RENWICK PETER BISSONNETTE JAIMILYN D. DAVIS THOMAS D. RICHARDSON ROBERT P. CARR PATRICK C. DRAIN RYAN K. ROGERS KRISTINA M. CHENERY ANGELA M. EDWARDS CHRISTIAN R. RONDESTVEDT SHANNON M. FITZPATRICK JAMES H. FURMAN MICHAEL G. ROOT KIMBERETTA Y. GREEN JOSE R. GOMEZ JERREMY T. RORICK MARK B. LESKOFF NAM H. HAN JACOB M. ROSE LAURA L. MCDONALD MICHELE N. LOWE MICHAEL B. ROSS TERESA S. MITCHELL JOSEPH P. MANION PAUL L. ROULEAU SHALETHA R. MORAN ERIK RANGEL CHRISTOPHER S. ROWAN JEFFREY L. MORIN ANNE D. RESTREPO ANDREW T. ROY DAVID E. PAVLIK KEVIN A. SELF JASON P. RUSSO ERIC L. POND WADE C. THAMES SCOTT M. RYAN CINDY T. ROSE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SCOTT W. SABAU CHRISTOPHER J. SCHLOBOHM NICHOLAS M. SACHON TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN M. TIMOTHY UNDER TITLE 10, U.S.C., SECTION 624: PATRICK A. SALMON ZAVEAN V. WARE BRIAN S. SAUERHAGE To be commander NICHOLAS P. SAUNDERS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIAN J. SCHNEIDER TO THE GRADE INDICATED IN THE UNITED STATES NAVY ERIN M. CESCHINI MYCEL D. SCOTT UNDER TITLE 10, U.S.C., SECTION 624: SARAH L. FOLLETT DAVID T. SECHRIST To be commander KIMBERLY M. FREITAS JARED SEVERSON PATRICK J. HAVEL KEVIN L. SHACKELFORD MYLENE R. ARVIZO RUSSELL G. INGERSOLL WILLIAM A. SHAFER BOBBY A. BASSHAM DAVID R. LEWIS MATTHEW R. SHELLOCK CARL K. BODIN DAVID R. MARINO BRIAN P. SHERRIFF MARK F. BOSEMAN SCOTT E. MILLER ALEXANDER L. SIMMONS JEREMY J. BRAUD MATTHEW PAWLENKO BRANDON L. SIMPSON DAVID T. BURGGRAFF HEATHER H. QUILENDERINO LADONNA M. SIMPSON SCOTT R. DELWICHE MATHIAS K. ROTH JARED M. SIMSIC COLIN J. DUNLOP JONATHAN A. SAVAGE ERIC J. SKALSKI DURWARD B. DUNN KEITH B. THOMPSON

VerDate Sep 11 2014 04:04 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00119 Fmt 4624 Sfmt 9801 E:\CR\FM\A09JN6.017 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE S3786 CONGRESSIONAL RECORD — SENATE June 9, 2016 GIANCARLO WAGHELSTEIN 2016 withdrawing from further Senate THE COMMONWEALTH OF THE BAHAMAS, WHICH WAS SENT TO THE SENATE ON FEBRUARY 5, 2015. f consideration the following nomina- NAVY NOMINATION OF REAR ADM. (LH) DAVID F. tions: STEINDL, TO BE REAR ADMIRAL, WHICH WAS SENT TO WITHDRAWALS THE SENATE ON JULY 15, 2015. CASSANDRA Q. BUTTS, OF THE DISTRICT OF COLUMBIA, Executive Message transmitted by TO BE AMBASSADOR EXTRAORDINARY AND PLENI- the President to the Senate on June 9, POTENTIARY OF THE UNITED STATES OF AMERICA TO

VerDate Sep 11 2014 04:04 Jun 10, 2016 Jkt 059060 PO 00000 Frm 00120 Fmt 4624 Sfmt 9801 E:\CR\FM\A09JN6.020 S09JNPT1 SSpencer on DSK4SPTVN1PROD with SENATE