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

Vol. 162 WASHINGTON, WEDNESDAY, MAY 11, 2016 No. 74 Senate The Senate met at 9:30 a.m. and was Tornadoes were also reported in Muh- AMERICAN MANUFACTURING COM- called to order by the President pro lenberg and Union Counties. Thank- PETITIVENESS AND DEFEND tempore (Mr. HATCH). fully, no deaths have been reported in TRADE SECRETS BILLS f Kentucky as of the latest news reports. Mr. MCCONNELL. Mr. President, yes- Kentuckians are, as always, reaching PRAYER terday the Senate passed the American out to help their neighbors in times of Manufacturing Competitiveness Act, a The Chaplain, Dr. Barry C. Black, of- distress, with reports that local bipartisan bill that—as my friend, the fered the following prayer: churches and businesses have opened chairman of the Finance Committee, Let us pray. their doors to those displaced by the observed—shows our ‘‘commitment to O God, our refuge and strength, give tornadoes as they recover. helping our economy with more jobs, us reverence for Your greatness. Guide We are thinking today of all the Ken- bigger paychecks, and a stronger our Senators around the pitfalls of tuckians who have been hurt by this American manufacturing base.’’ their work, enabling them to have severe weather. We continue to mon- Later today the President will sign hearts sustained by Your peace. May itor the situation, and we are thankful into law the Defend Trade Secrets Act, they surrender their will to You as that the damage that has been reported another Senate-passed bill that pro- they trust You to direct their path. so far was not worse. motes our economy and helps create Lord, give them the wisdom to receive f and retain American jobs. Both of Your reproof with the understanding ENERGY AND WATER DEVELOP- these bills are the result of the work of that You chastise those whom You love MENT APPROPRIATIONS BILL two dedicated committee chairmen, for their good. Undergird them with Senator HATCH and Senator GRASSLEY. Your enabling might as You make Mr. MCCONNELL. Mr. President, They are also the result of a Senate their lives productive for the glory of after much hard work, research, and that is back to work for the American Your Name. deliberation from both sides of the aisle, we are closer to having an oppor- people. Amen. I thank the Finance Committee and f tunity to pass the first funding bill of the appropriations season, the energy Judiciary Committee chairmen for PLEDGE OF ALLEGIANCE security and water infrastructure fund- their efforts to advance these bills, just The President pro tempore led the ing bill. as I thank Senators BURR, PORTMAN, Pledge of Allegiance, as follows: I know Members have some dif- TOOMEY, and FLAKE for their diligent work to help support American busi- I pledge allegiance to the Flag of the ferences of opinion about an amend- United States of America, and to the Repub- ment authored by Senator COTTON, but nesses and the economy through their lic for which it stands, one nation under God, this is how the legislative process is efforts to pass the American Manufac- indivisible, with liberty and justice for all. supposed to work. Senator COTTON’s turing Competitiveness Act. f amendment, which would prevent fu- f ture funds to purchase heavy water RECOGNITION OF THE MAJORITY THE ECONOMY from Iran, is germane to this funding LEADER bill, and it deserves a vote. Mr. MCCONNELL. Mr. President, The PRESIDING OFFICER (Mr. We are going to have that vote today, President Obama recently bragged to PAUL). The majority leader is recog- allowing Senators from both sides to the New York Times Magazine about nized. have their say on this issue and allow- his performance on the economy. He f ing us to move forward on this impor- boasted about his economic legacy and tant measure. actually claimed that, by his esti- SEVERE WEATHER IN WESTERN The energy security and water infra- mation, the administration managed KENTUCKY structure funding bill will positively the economic recovery better than any Mr. MCCONNELL. Mr. President, I impact every State in America. We peer economy facing a financial cri- wish to say a few words about the se- know it includes important measures sis—now listen to this—‘‘on Earth in vere weather that hit my home State to support energy research and innova- modern history.’’ Well, that is a quote of Kentucky yesterday. A large tor- tion to promote public safety, to main- to remember. nado touched down in Mayfield in tain waterway infrastructure, and to The same day this story hit, the Bu- Graves County in Western Kentucky. It promote nuclear security. reau of Economic Analysis released its damaged homes and businesses and re- Let’s work to advance this bill and first quarter report showing only 0.5 portedly injured 10 people as it made keep the appropriations process mov- percent economic growth. It is the lat- its way through that part of my State. ing forward in a responsible manner. est reminder of the actual economy

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

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VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MY6.000 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2676 CONGRESSIONAL RECORD — SENATE May 11, 2016 that Americans are forced to confront and solutions to help America prosper it was known. But for that, who knows day in and day out. once more. how difficult our situation would be. President Obama has presided over If President Obama wants to actually In Nevada, we had the experience of the worst economic recovery since build an economic legacy for himself what happened when Wall Street col- World War II. Growth is anemic, wages and not just try to spin Americans on lapsed. We weren’t the only State. It are stagnant for too many, poverty is one, then I invite him to finally join happened all over this Nation. For my up for too many, jobs are scarce for too us. friend to talk about how great the many, and Americans are losing faith My Republican colleagues will have economy was during the Bush years is in the future. more to say on the economy this after- simply fictional. Somehow President Obama doesn’t noon. Are things perfect now? Of course seem to think any of this is his prob- I thank my colleague Senator SUL- not. We have had no help in the Senate. lem or a problem at all. The issue isn’t LIVAN, who has been outspoken on this We had very little help in the House. his policies or his refusal to work important matter. For 71⁄2 years, all Republicans have across the aisle on solutions. No, to I also thank Senator COATS for his done is try to oppose—they didn’t try; him it is just a messaging problem. It work to strengthen our economic poli- they opposed—everything President is just that he was too busy to ‘‘take cies as chairman of the Joint Economic Obama has attempted to do. We have victory laps’’ or explain things prop- Committee, as well as a member of the been able to overcome some of that. erly. Finance Committee. Since Obama took office, the U.S. He believes ‘‘the U.S. economy is in These Senators know the costly toll economy saw the longest stretch of pri- much better shape than the public ap- the Obama economy has had on people vate sector growth in its history, and it preciates.’’ As the magazine story I in their home States, and they are is still ongoing. There were some complaints last mentioned previously observes, in fact, working to address it. he claims that ‘‘by almost every eco- month that only 160,000 jobs were cre- f nomic measure, we are significantly ated. That was 160,000 compared to better off.’’ RECOGNITION OF THE MINORITY 800,000 being lost during the Bush ad- Well, many in the middle class feel LEADER ministration. We need to do more. quite differently. Just don’t take my There is no question about that, but we The PRESIDING OFFICER. The need some help. word for it. Here is what Bill Clinton Democratic leader is recognized. thinks of the Obama administration Republicans are doing everything economy. He said: ‘‘Millions and mil- f they can—and they have proven that in the last 71⁄2 years—to make it tough for lions and millions and millions of peo- COMMENDING BRAD HATCHER ple look at that pretty picture of President Obama. Mr. REID. Mr. President, Brad We have a lot of people who aren’t America he painted and they cannot Hatcher, who is serving as my legisla- being paid enough. How about those find themselves in it to save their tive fellow for defense issues this year, people working on minimum wage and lives.’’ trying to survive? Yet Republicans That is Bill Clinton on the Obama has done a terrific job. We are so fortu- refuse to help us raise that. economy. Hard-working middle class nate to have the military we do have, and he exemplifies that. How about paycheck fairness so that families simply cannot find themselves my daughter and my granddaughters f in the picture this President has paint- are paid the same amount of money for ed of the American economy. THE ECONOMY the same work they do that a man Median household incomes have Mr. REID. Mr. President, it is inter- does? shrunk under this President. Too many Student debt is unbearable. I am see- Americans have given up even looking esting to hear my friend fictionalize what is going on in the world economy ing it now with my grandchildren. It is for work altogether, after years of incredible. You are going to have to go failed attempts. and in our American economy espe- cially. borrow money. One survey found that more than half It is Republicans who stood in the We all know that when President of Americans say that ‘‘the next gen- way of recovery in so many different Obama took office—the month after he eration will be worse off than them fi- ways. So let’s talk about the real was elected in November, 8 years ago— nancially.’’ world—not a fictional world. The middle class has now shrunk to the economy lost 800,000 jobs. It was such an extent under President Obama not 1 month. That continued. When f that it no longer contains the majority President Bush took over the economy, FILLING THE SUPREME COURT of Americans. That is something none we had a surplus of $10 trillion over 10 VACANCY of us should take comfort in. years—a surplus. Mr. REID. Mr. President, last week, I will read a quote from the Presi- My friend the Presiding Officer and, the senior Senator from Iowa con- dent. I am not sure he intended it, but frankly, his good father have talked firmed what Democrats have said all President Obama said something a few about money that was spent by this along: Senate Republicans want Donald months ago that seemed to sum up his country that shouldn’t have been. Trump to fill the Supreme Court va- economic legacy. He said: ‘‘There was a However, when Bush took office, we cancy. time I think when upward mobility was had a surplus. We had a balanced budg- I am sorry to direct my attention to the hallmark of America.’’ et under Bill Clinton—a balanced budg- the Presiding Officer, but I can’t imag- He is right. There was a time. There et. We didn’t need to legislate it. It ine how the Presiding Officer must feel can be a time again. happened. Of course, with his leader- with Donald Trump being the leader of We don’t have to accept the Obama ship and the Deficit Reduction Act the Republican Party. I can’t imagine. economy as the new normal in our that we passed, it worked out very I can’t imagine what your good father country. Democrats may want middle- well. thinks of Donald Trump leading the class families to keep their gaze down But that was all wiped out by the Republican Party, but I can imagine, and their expectations tempered, but spending of the Bush administration. It and I have a number of times. we have a right to expect more in this was 8 years of 2 wars unpaid for and In an interview with the Des Moines country. We have a right to believe in trillions of dollars—not hundreds of Register, Iowa’s largest newspaper, our future. It is clear we need a change billions but trillions of dollars—paid Senator GRASSLEY said of Trump: to get America moving again. for with a credit card. Tax cuts were ‘‘Based upon the type of people [Donald The Republican-led Senate will con- paid for with a credit card. Trump would] be looking for, I think I tinue to look for and pass real solu- What did that bring to us? The col- would expect the right type of people tions that aim to get our economy lapse of Wall Street. to be nominated by him to the Su- back on track—solutions to help foster President Obama went to work. It preme Court.’’ economic growth, solutions to help cre- was difficult, but we passed the Amer- That is fairly shocking, coming from ate jobs and strengthen our workforce, ican Recovery Act, or the stimulus, as a Senator who should know better. The

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MY6.002 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 11, 2016 CONGRESSIONAL RECORD — SENATE S2677 chairman of the Senate Judiciary Com- our judiciary system, deciding ques- the time be charged equally to both mittee trusts Donald Trump to pick tions about civil liberties—somebody sides. ‘‘the right type of people’’ for the Su- who says Muslims shouldn’t even come The PRESIDING OFFICER. The preme Court. I can’t think of a worse to this country. Trump encouraged clerk will call the roll. idea than placing the power to pick the supporters to physically assault pro- The legislative clerk proceeded to next Supreme Court Justice in the testers. Here is what he said: ‘‘Knock call the roll. hands of an unhinged individual who the crap out of them.’’ That is whom Mr. ALEXANDER. Mr. President, I derides women, who calls them dogs the Republicans want to select Justices ask unanimous consent that the order and pigs. Look at the front page of the to interpret the law. It is insane that for the quorum call be rescinded. New York Times, at how he and How- my Republican colleagues are willing The PRESIDING OFFICER (Mr. ard Stern decided how they were going to entrust such an important responsi- BOOZMAN). Without objection, it is so to treat women. Read it. It is demean- bility to this egomaniac. ordered. ing to my wife, my daughter, and my 9 Instead of relying on the whims of an Mr. ALEXANDER. Mr. President, in or 10 granddaughters. I have them unscrupulous real estate tycoon—who about 5 or 6 minutes, the Senate will mixed up. There are 19. It is an uneven inherited his money, by the way—Sen- proceed to the scheduled vote on the number, but they are close. I can’t ate Republicans should trust in the Cotton amendment on the Energy and think of a worse idea than placing the Senate’s time-honored process of con- Water appropriations bill. Actually, it power to pick the next Supreme Court sidering Supreme Court nominees. Re- will be cloture on the Cotton amend- Justice in the hands of this unhinged publicans can start by reviewing Judge ment. Before that vote, I ask unani- individual. He calls Latinos rapists and Garland’s nominee questionnaire, mous consent that I first be allowed to murderers. which the Senate got yesterday. After speak for a few minutes, and following This is the Supreme Court of the that, the Senate Judiciary Committee me, Senator FEINSTEIN, and then we United States we are talking about— and Chairman GRASSLEY should do vote. the Court that decided Marbury v. their job and hold a hearing. Then the The PRESIDING OFFICER. Without Madison and Brown v. Board of Edu- Republican leader should bring objection, it is so ordered. cation, the anniversary of which is Merrick Garland’s nomination to the Mr. ALEXANDER. Mr. President, I coming up next Tuesday. This is not floor for a vote. A hearing and a vote— will save most of my remarks for after Donald Trump’s reality show. This is that is what we need to have, and that the vote, but I wish to make two kinds the real world. This is no game. This is is how we will get, in Senator GRASS- of remarks. One is to give an update on not a choice about whether Meatloaf or LEY’s words, the right type of people on the bill, where we are. The second re- Gary Busey made a better art project; the Supreme Court. Meet with the mark is to restate my reasons why I it is a choice about the future of Amer- man, hold hearings, and vote. will not vote for cloture on the Cotton ica. The balance of the Supreme Court This year the Republican Senate is amendment. First, in terms of where has real-life consequences for all of us. on pace to work fewer days than any Rational people don’t want Donald Senate in the past six decades—60-plus we are, we have the Cotton amendment Trump filling a Supreme Court va- years. So in that we are not doing at 10:30. The Senator from California cancy. Iowans don’t. The American much anyway, couldn’t we just work in and I have agreed—and I think our people don’t. But Senate Republicans a little time to have a Supreme Court staffs and the Republican and Demo- cratic leaders have discussed it—that obviously do, and Senator GRASSLEY nominee? there could be a vote for Senator does—or I should say he does now. Two Senator GRASSLEY was right the first weeks ago, before Donald Trump time. Letting Donald Trump pick a Su- CARDIN and Senator FISCHER at 60 wrapped up the Republican nomination preme Court Justice is indeed a gam- votes, a voice vote on Senator FLAKE. to my dismay, the senior Senator from ble. It is a risk the American people That is it. Then we would have another Iowa sang a much different tune. Back can’t afford and shouldn’t afford. In- cloture vote if we need it and a vote on then—all of 13 days ago—before Donald stead of waiting for Donald Trump, Re- final passage. Trump was his standard bearer, Sen- publicans should just do their job and In my view, and I believe in terms of Senator FEINSTEIN’s view, we ought to ator GRASSLEY said it would be a risk at least allow the Court to have a full to let Trump pick a Supreme Court complement of nine Justices. easily be able to finish the bill today. I nominee. That was less than 2 weeks Mr. President, I see no one here on think we should finish it today. I ago. This is what he said: ‘‘If Trump’s the floor, so I ask the Chair to an- thank the Republican leader, Senator elected president, it probably is a little nounce the business of the day. MCCONNELL, for starting the appropria- more unknown. . . . I would have to f tions process earlier this year than it ever has been started before. I thank admit it’s a gamble.’’ It is a gamble, RESERVATION OF LEADER TIME and it is not at a Las Vegas crap table the Democratic leader, Senator REID, or a slot machine. That it is a gamble The PRESIDING OFFICER. Under for working with us through some dif- is an understatement. the previous order, the leadership time ficult issues we had on this first bill Trump picking a Supreme Court is reserved. that we didn’t expect and to make it nominee is a guaranteed recipe for dis- f possible for us to come to what looks like a prompt conclusion. aster. But now that Trump is the nomi- ENERGY AND WATER DEVELOP- This is an important bill. The Sen- nee, Republicans are marching in lock- MENT AND RELATED AGENCIES ators know that. We have had nearly 80 step with him on the Supreme Court APPROPRIATIONS ACT, 2016 vacancy. Republicans want to put the Senators contribute parts of this bill. The PRESIDING OFFICER. Under Supreme Court in the hands of an un- Some are very important to their the previous order, the Senate will re- balanced egomaniac. States and this country. Whether it sume consideration of H.R. 2028, which Senator GRASSLEY and his colleagues deepens the Mobile port or the west the clerk will report. say they want the future of the highest coast ports or rebuilds locks in Ken- The legislative clerk read as follows: Court to be determined by an anti- tucky, Ohio, and Tennessee or whether A bill (H.R. 2028) making appropriations woman, anti-Latino, and anti-middle- it properly funds the national labora- for energy and water development and re- tories across the country or moves class billionaire who demeans women lated agencies for the fiscal year ending Sep- every day. Yesterday GRASSLEY told a tember 30, 2016, and for other purposes. ahead with our nuclear weapons pro- reporter that ‘‘there’s no problem with Pending: gram, this is one of the most important appropriations bills that we have. Trump appointing people to the Su- Alexander/Feinstein amendment No. 3801, preme Court.’’ But what had he said 2 in the nature of a substitute. Today we will have spent 2 weeks on weeks earlier? That it is a gamble. McConnell (for Cotton) amendment No. it, not counting the week we had for Donald Trump wants to ban all Mus- 3878 (to amendment No. 3801), of a perfecting recess. We will have processed 21 lims from even coming into our coun- nature. amendments, if I go through the try. That is whom Republicans want Mr. REID. Mr. President, I suggest amendments I just described. If we suc- picking the Justices to do the work of the absence of a quorum, but I ask that ceed today in finishing the bill, it will

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MY6.004 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2678 CONGRESSIONAL RECORD — SENATE May 11, 2016 be the first time since 2009 that the En- with us, and I am glad that following The question is, Is it the sense of the ergy and Water appropriations bill has Senator FEINSTEIN’s remarks, we will Senate that debate on amendment No. gone across the floor in regular order. vote on the Cotton amendment. I hope 3878, offered by the Senator from Ken- Senator FEINSTEIN and I have worked that with the cooperation of the major- tucky, Mr. MCCONNELL, for the Senator pretty hard together, and as she likes ity leader and Democratic leader, we from Arkansas, Mr. COTTON, to amend- to say, both of us have engaged in some will be able to finish the bill today. ment No. 3801, as amended, to H.R. give and some take in order to create a The PRESIDING OFFICER. The Sen- 2028, shall be brought to a close? result that the Senate can be proud of ator from California. The yeas and nays are mandatory and set a good example for the next 11 Mrs. FEINSTEIN. Mr. President, I under the rule. appropriations bills. We have a lot thank the distinguished chairman of The clerk will call the roll. waiting to be done. The majority lead- the Energy and Water Subcommittee The senior assistant legislative clerk er has already announced he would like for his leadership and willingness to called the roll. to move ahead with the transportation settle issues to get this bill to the Mr. DURBIN. I announce that the and military construction bill. On both point where it really is ready to be Senator from Vermont (Mr. SANDERS) sides of the aisle, there is concern voted on by this body. I think he has is necessarily absent. about moving ahead with Zika, which made the argument against the Cotton The PRESIDING OFFICER (Mr. could be done during that bill. The De- amendment eloquently and correctly. I FLAKE). Are there any other Senators fense authorization bill needs to be am very grateful for the fact that he in the Chamber desiring to vote? dealt with before we get to the next re- did what I think is a noble thing and The yeas and nays resulted—yeas 57, cess. We have nine more appropriations changed his vote and will be voting nays 42, as follows: bills to deal with, and there is a very against the Cotton amendment. [Rollcall Vote No. 67 Leg.] important biomedical research bill Let me say something about this YEAS—57 called the 21st Century Cures Act. I process. Both the chairman and I have Ayotte Ernst Menendez hope we get to that bill sometime be- been here for a long time, and we were Barrasso Fischer Moran here when appropriations bills were Blumenthal Flake Murkowski fore July. Blunt Gardner Perdue AMENDMENT NO. 3878 passed. The key to doing that is keep- Boozman Graham Portman Mr. President, I have one other thing ing poison pills off appropriations bills Burr Grassley Risch Capito Hatch Roberts to say. Senator FEINSTEIN and I have so they can be passed quickly. In addi- tion to the arguments made by the Cassidy Heitkamp Rounds worked hard to give all the Senators Coats Heller Rubio who had germane, relevant amend- chairman, the White House had very Cochran Hoeven Sasse ments a vote on their amendments, and strong feelings and indicated they Collins Inhofe Scott we succeeded very well with that. We would veto this bill if it passed with Corker Isakson Sessions this amendment. How do we start an Cornyn Johnson Shelby processed 21 amendments, and that in- Cotton Kirk Sullivan cludes the amendment by Senator COT- appropriations process with a Presi- Crapo Lankford Thune TON, which prohibits the United States dential veto in the wings? I don’t think Cruz Lee Tillis we do. Hopefully, the appropriate thing Daines Manchin Toomey from using tax dollars to buy heavy Donnelly McCain Vitter water from Iran in the year 2017. I de- will happen in this vote, and cloture Enzi McConnell Wicker will be defeated. I hope that it sends a fended his right to have a vote on that NAYS—42 amendment, which we are about to signal—a strong signal—for the rest of the appropriations process. We want to Alexander Gillibrand Paul have, but I will vote no on that amend- Baldwin Heinrich Peters ment because I don’t believe it belongs show that we can run this place and get Bennet Hirono Reed on the bill. No. 1, I think it should be business done and poisons pills have no Booker Kaine Reid place on appropriations bills. That is Boxer King Schatz considered first by the Foreign Rela- Brown Klobuchar Schumer tions and the Armed Services and In- my very deep belief, and that is where Cantwell Leahy Shaheen telligence Committees because it is it once was. Cardin Markey Stabenow Once again, I thank the chair for his Carper McCaskill Tester filled with national security implica- Casey Merkley Udall tions. No. 2, if it were adopted, I think help, cooperation, and leadership. It is quite wonderful to be able to work with Coons Mikulski Warner there would be dangerous complica- Durbin Murphy Warren tions because it could increase the pos- the Senator from Tennessee, Senator Feinstein Murray Whitehouse Franken Nelson Wyden sibility that heavy water from Iran, ALEXANDER, and I too urge a ‘‘no’’ vote which in the United States would be on cloture. NOT VOTING—1 used for peaceful purposes, could be CLOTURE MOTION Sanders The PRESIDING OFFICER. Pursuant sold by Iran to another country, such The PRESIDING OFFICER. On this to rule XXII, the Chair lays before the as North Korea, and used to help make vote, the yeas are 57, the nays are 42. nuclear weapons. I don’t want to have Senate the pending cloture motion, Three-fifths of the Senators duly cho- the Senate approve an amendment that which the clerk will state. sen and sworn not having voted in the The senior assistant legislative clerk would create that kind of possibility. affirmative, the motion is rejected. read as follows: No. 3, the President said he will veto it, AMENDMENT NO. 3878 CLOTURE MOTION which would result in not only having Cloture not having been invoked on the Cotton amendment rejected, but We, the undersigned Senators, in accord- amendment No. 3878, under the pre- ance with the provisions of rule XXII of the the bill would fail as well. Standing Rules of the Senate, do hereby vious order, there will be 1 hour of de- The discussion of where Iran’s heavy move to bring to a close debate on Senate bate equally divided in the usual form. water goes is an important discussion, amendment No. 3878 to amendment No. 3801 The Senator from Arkansas. and the Senator has a right to bring it to Calendar No. 96, H.R. 2028, an act making Mr. COTTON. Mr. President, I regret up. Iran has it, and we don’t want them appropriations for energy and water develop- that the Senators failed to invoke clo- to have it because they could use it to ment and related agencies for the fiscal year ture on my amendment, but I am grati- make nuclear weapons. We don’t ending September 30, 2016, and for other pur- fied that a large bipartisan majority of produce it, but we need it for medical poses. the Senate agrees that we should not and scientific research, so it makes Mitch McConnell, Thad Cochran, Lamar use U.S. taxpayer dollars to subsidize Alexander, Johnny Isakson, Marco sense for us to buy it. In the great Rubio, David Vitter, Patrick J. Iran’s nuclear program over and above scheme of things, it is not a great Toomey, Steve Daines, Richard C. the obligations of the Joint Com- amount of money. But the idea of let- Shelby, James Lankford, John Thune, prehensive Plan of Action. ting it go on the international market James M. Inhofe, Lisa Murkowski, Now that cloture has not been in- and perhaps find its way to countries Tom Cotton, Pat Roberts, John Bar- voked, my amendment is still pending, building nuclear weapons is something rasso, John Hoeven. and I understand that Democrats de- I can’t support, so I will vote no. The PRESIDING OFFICER. By unan- nied cloture on the bill three times be- I thank the Senator from California imous consent, the mandatory quorum cause my amendment is able to be for working through all of these issues call has been waived. called up after cloture on the bill.

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MY6.006 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 11, 2016 CONGRESSIONAL RECORD — SENATE S2679 I want this bill to move forward, I Mr. ALEXANDER. For the informa- However, newer research has shown want it to pass in an expeditious fash- tion of Senators and staff, there will be the Zika virus can cause a number of ion, and therefore I intend later today a vote at noon. We expect a cloture previously undetected medical condi- to withdraw my amendment so it can- vote at noon on the bill. There may be tions, especially in regard to pregnant not be called up postcloture on the bill, other things to discuss at that time. women. Last month the Centers for leaving Democrats no reason not to Several Senators have asked me about Disease Control and Prevention con- agree to cloture on the bill and agree votes, and I indicated that there were a firmed the link between Zika infection to final passage of the bill. couple and that there might not be during pregnancy and severe fetal Finally, I want to thank the Senator votes until after lunch, but the plan brain defects like microcephaly. The from Tennessee as well as the Senator now is to have a vote at noon on clo- World Health Organization recently from Kentucky, the majority leader, ture on the bill. Perhaps by then we concluded that Zika can cause for working with me to make sure we will be able to lock in some other Guillain-Barre, a rare condition that have the Senate on record on this im- votes, which would occur after lunch. attacks the body’s nervous system, portant issue. I regret that it took I suggest the absence of a quorum. causing muscle weakness and even pa- The PRESIDING OFFICER. The multiple days to get to a point we ralysis. Scientists have also recently clerk will call the roll. could have reached very early on, as I confirmed the virus can be transmitted The legislative clerk proceeded to had agreed to a 60-vote threshold 2 sexually—a first for this type of virus. weeks ago, but I do think it is impor- call the roll. tant that the Senate has spoken on Mr. CARDIN. Mr. President, I ask As of April 2016, the World Health Or- this most critical issue. unanimous consent that the order for ganization documented Zika virus I yield the floor. the quorum call be rescinded. transmission in 62 countries and terri- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER (Mr. SUL- tories around the world, including 33 in ator from Tennessee. LIVAN). Without objection, it is so or- the Americas. Brazil has been hardest Mr. ALEXANDER. Mr. President, I dered. hit by the virus, recording more than thank the Senator from Arkansas for Mr. CARDIN. Mr. President, I ask 91,000 cases of the virus and nearly 5,000 withdrawing his amendment. I de- unanimous consent to speak as in suspected cases of Zika-related fended his right to have the amend- morning business. microcephaly. Across the U.S. terri- ment. I opposed the amendment, and I The PRESIDING OFFICER. Without tories, nearly 600 people have con- explained before the vote why I did objection, it is so ordered. tracted Zika, including more than 400 that, so it is not necessary for me to ZIKA VIRUS in Puerto Rico. Here in the Continental say more about it. Mr. CARDIN. Mr. President, I rise to United States, there have been over 420 As Senator FEINSTEIN and I said be- discuss the Zika virus and the urgent related Zika cases, including 12 in my fore the vote, we are ready to finish the need for Congress to provide the $1.9 home State of Maryland. bill. We have had terrific cooperation billion President Obama has requested As we continue moving toward the from Senators on both sides of the to combat this health crisis. summer months and the height of the aisle. We will have included 21 amend- The Zika virus was first identified in mosquito season, the number of locally ments in the bill by the time we are Uganda in 1947. The virus is trans- acquired and travel-associated Zika in- finished. More than 80 Senators have mitted by the same mosquito species fections in the United States and its made a contribution to the bill. It has that transmits dengue, yellow fever, territories will undoubtedly climb. importance to every part of our coun- and chikungunya. Prior to 2007, the Just last month, CDC Director Tom try. It is the first bill of a series of 12 Zika virus had no known outbreaks Frieden indicated that clusters of lo- that we need to deal with. It is within and only 14 documented human cases. cally acquired Zika were possible in the budget levels. It is not a part of the However, in the spring of 2007, sci- the southern United States by the sum- Federal debt problem because the dis- entists documented 185 suspected cases mer. cretionary spending we are talking of Zika on Yap Island, Micronesia, fol- about is fairly flat. lowed by more than 30,000 suspected Last month, the administration offi- It is a well-designed bill, and we are cases in French Polynesia and other cially announced they would transfer ready to finish the bill. When it will be Pacific islands between 2013 and 2014, $510 million from the remaining Ebola finished, of course, is up to the major- and in May 2015 the first case of Zika funds to jump-start the Zika response ity leader and the Democratic leader as was reported in Brazil. while waiting for congressional action. On February 1, 2016, the World Health they schedule. While $510 million is a good start, it is All that remains to be done, since Organization declared the ongoing just a fraction of what is needed to Zika outbreak to be ‘‘a public health Senator FEINSTEIN and I have rec- mount a full response to Zika. Con- ommended that we have votes on the emergency of international concern.’’ gress does need to act because the $510 Cardin and Fischer amendments at 60 According to the World Health Organi- million Ebola fund isn’t just found zation’s International Health Regula- and that we adopt a Flake-modified money. Those dollars were sustaining tions, a public health emergency of amendment by voice vote—then all efforts to detect and prevent another international concern is a situation that remains is a cloture vote, if nec- Ebola outbreak in West Africa while where the disease outbreak ‘‘con- essary, and final passage. In our view, also helping developing countries bet- stitutes a public health risk to other that could be done today, but there ter respond to outbreaks on their own. States through the international may be larger issues that have to do It is unacceptable that we would force spread of disease, and potentially re- with the Senate schedule that would our public health professionals to quires a coordinated international re- cause that to be put off until tomor- choose between addressing Ebola or ad- sponse.’’ The World Health Organiza- row, and we will wait for an announce- dressing Zika. tion predicts that 3 to 4 million peo- ment from the majority leader and the ple—3 to 4 million people—in the There is no question the United Democratic leader about what that Americas will contract Zika within 1 States must take the threat of Zika se- schedule is. riously and mount an urgent, aggres- Thank you, Mr. President. year. I yield the floor. There is a common refrain among sive, and sustained response to the I suggest the absence of a quorum. scientists and experts studying Zika: virus. As we speak, a Federal inter- The PRESIDING OFFICER. The There is much they still do not know agency task force, led by the Depart- clerk will call the roll. about Zika, and what they do know is ment of Health and Human Services, is The senior assistant legislative clerk worrisome. Until recently, the Zika working around the clock to mitigate proceeded to call the roll. virus has been viewed as a relatively the impact of Zika. Within the task Mr. ALEXANDER. Mr. President, I minor virus. The majority of individ- force, the CDC is working closely with ask unanimous consent that the order uals infected with the virus are asymp- laboratories in affected countries, in for the quorum call be rescinded. tomatic, and those who do experience the United States, and its territories to The PRESIDING OFFICER. Without symptoms often complain of fever, enhance laboratory and surveillance objection, it is so ordered. rash, joint pain or conjunctivitis. capacity and improve diagnostics.

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MY6.010 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2680 CONGRESSIONAL RECORD — SENATE May 11, 2016 The CDC is also engaging in public respond to the virus both at home and Ernst, Jerry Moran, John Boozman, health studies and is providing guid- abroad, while also replenishing the Lindsey Graham, John Thune, Daniel ance to health professionals and edu- critical Ebola funds. Coats, Chuck Grassley, Shelley Moore cating the general public about preven- When it comes to global health Capito, Thad Cochran, Lamar Alex- ander, Richard Burr, Roy Blunt. tion. The agency is also working with pandemics, which know no borders, the local authorities in the United States Congress of the United States can and The PRESIDING OFFICER. By unan- to improve mosquito control efforts. must act to protect American citizens imous consent, the mandatory quorum In Maryland, the National Institute and people around the world. call has been waived. of Allergy and Infectious Diseases at With that, Mr. President, I yield the The question is, Is it the sense of the the National Institutes of Health is floor. Senate that debate on amendment No. supporting preclinical and clinical de- I suggest the absence of a quorum. 3801, offered by the Senator from Ten- velopment of vaccines for the mosquito The PRESIDING OFFICER. The nessee, Mr. ALEXANDER, as amended, to virus and other mosquito-borne dis- clerk will call the roll. H.R. 2028, shall be brought to a close? eases. The Institute is also collabo- The bill clerk proceeded to call the The yeas and nays are mandatory rating with stakeholders to conduct roll. under the rule. vital research that will allow us to bet- Mr. ALEXANDER. Mr. President, I The clerk will call the roll. The bill clerk called the roll. ter understand the origins and pathol- ask unanimous consent that the order Mr. DURBIN. I announce that the ogy of Zika and bring us closer to de- for the quorum call be rescinded. Senator from Vermont (Mr. SANDERS) veloping a vaccine. The PRESIDING OFFICER (Mr. The Food and Drug Administration is SASSE). Without objection, it is so or- is necessarily absent. The PRESIDING OFFICER. Are there working to improve and refine dered. any other Senators in the Chamber de- diagnostics for the Zika virus. Most no- Mr. ALEXANDER. Mr. President, siring to vote? tably, the FDA recently issued two within a few minutes, we will be voting The yeas and nays resulted—yeas 97, Emergency Use Authorizations for two for the fourth time on cloture on the nays 2, as follows: newly developed Zika diagnostic tests. bill. This time I expect it to pass. The To date, more than 25 States and the Cotton amendment has been disposed [Rollcall Vote No. 68 Leg.] District of Columbia have verified of. Following that, if it is successful, YEAS—97 their ability to test for Zika using Senator FEINSTEIN and I have rec- Alexander Fischer Nelson these methods, which will enhance our ommended to the majority leader and Ayotte Flake Paul the Democratic leader that we move to Baldwin Franken Perdue ability to monitor this growing epi- Barrasso Gardner Peters demic. The FDA is also working closely a vote on the Cardin and Fischer Bennet Gillibrand Portman with the Biomedical Advanced Re- amendments, at 60 votes, and a voice Blumenthal Graham Reed Blunt Grassley search and Development Authority to vote on the Flake amendment. Then, Reid Booker Hatch Risch advance vaccine research and develop- all that would be remaining would be a Boozman Heinrich Roberts final cloture vote, which may or may Boxer Heitkamp ment. Rounds Brown Hirono I am also pleased the U.S. Agency for not be necessary, and final passage. Rubio None of those votes have been agreed Burr Hoeven International Development, USAID, is Cantwell Inhofe Sasse working with UNICEF to develop and to yet, and we will let Senators know Capito Isakson Schatz implement communication campaigns when they are. But in the opinion of Cardin Johnson Schumer the bill managers, we are ready to fin- Carper Kaine Scott and community mobilization for be- Casey King Sessions havioral change related to personal ish the bill, and we thank Senators for Cassidy Kirk Shaheen protection against mosquitos, as well their cooperation to get us to this Coats Klobuchar Shelby as community-based mosquito mitiga- point. Cochran Lankford Stabenow Mr. President, I suggest the absence Collins Leahy Sullivan tion and elimination efforts—com- Coons Manchin of a quorum. Tester monly referred to as vector control—in Corker Markey Thune areas hardest hit by the virus. The The PRESIDING OFFICER. The Cornyn McCain Tillis agency is also partnering with the clerk will call the roll. Cotton McCaskill Toomey The bill clerk proceeded to call the Crapo McConnell Udall World Health Organization and its Cruz Menendez Vitter roll. Daines Merkley South American arm, the Pan Amer- Warner Mr. ALEXANDER. Mr. President, I Donnelly Mikulski ican Health Organization, to imple- Warren Durbin Moran ment and monitor vector control pro- ask unanimous consent that the order Whitehouse for the quorum call be rescinded. Enzi Murkowski grams. Ernst Murphy Wicker In addition to providing personal pro- The PRESIDING OFFICER. Without Feinstein Murray Wyden objection, it is so ordered. tection commodities, USAID is also NAYS—2 AMENDMENT NO. 3878 WITHDRAWN working closely with the international Heller Lee health partners to develop and adopt Mr. ALEXANDER. Mr. President, on guidelines for addressing Zika in at- behalf of the Senator from Arkansas, NOT VOTING—1 risk populations, particularly pregnant Mr. COTTON, I withdraw the Cotton Sanders women. amendment. The PRESIDING OFFICER. On this This is just a fraction of what a Zika The PRESIDING OFFICER. The vote, the yeas are 97, the nays are 2. response looks like. I would be here amendment is withdrawn. Three-fifths of the Senators duly cho- much longer if I were to go through CLOTURE MOTION sen and sworn having voted in the af- every detail of what our agencies are The PRESIDING OFFICER. Pursuant firmative, the motion is agreed to. doing to respond to the threat. Suffice to rule XXII, the Chair lays before the The Senator from Tennessee. it to say, this is an all-hands-on-deck Senate the pending cloture motion, Mr. ALEXANDER. Mr. President, I emergency, and we cannot implement which the clerk will state. am glad to see an enthusiastic vote of and sustain an adequate response with- The bill clerk read as follows: support on the cloture motion on the out fully funding the President’s re- CLOTURE MOTION fourth try. We gain a little bit every quest. We, the undersigned Senators, in accord- time. More than 2 months have passed ance with the provisions of rule XXII of the For the information of Senators, since the President sent his request to Standing Rules of the Senate, do hereby there will be two votes at 4:30 p.m., on Congress. The Zika virus is not some move to bring to a close debate on Senate the Cardin and Fischer amendments at nebulous foreign threat. It is already amendment No. 3801 to Calendar No. 96, H.R. 60 votes each. 2028, an act making appropriations for en- on our shores. Congress needs to act. I AMENDMENTS NOS. 3871, 3888, AND 3876 TO ergy and water development and related AMENDMENT NO. 3801 call on my fellow Senators to come to agencies for the fiscal year ending Sep- an agreement on a robust and com- tember 30, 2016, and for other purposes. Mr. President, I ask unanimous con- prehensive Zika supplemental that en- Mitch McConnell, Bob Corker, Tom Cot- sent that it be in order to call up the ables us to better prevent, treat, and ton, Thom Tillis, Mike Crapo, Joni following amendments and that they

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Congress has also ment No. 3871, Fischer amendment No. (Purpose: To require that certain funds are approved the transfer of nearly $600 3888, and Flake amendment No. 3876; used for the review and revision of certain million in existing, unobligated funds further, that the time until 4:30 p.m. be operational documents) for an immediate Zika response, so the equally divided between the managers On page 5, line 22, strike the period at the money has already been moved to help. or their designees for debate on the end and insert the following: ‘‘: Provided fur- We can also make a big difference by amendments concurrently; and that ther, That of the funds provided herein, for cutting through redtape, and there is any Corps of Engineers project located in a following the use or yielding back of State in which a Bureau of Reclamation significant redtape in this city that ac- time, the Senate vote on the Cardin project is also located, any non-Federal tually makes it harder to kill mosqui- and Fischer amendments in the order project regulated for flood control by the toes that carry this virus. We would listed, with a 60-affirmative-vote Secretary of the Army located in a State in think we would want to make it easier threshold for adoption for amendments which a Bureau of Reclamation project is to kill mosquitoes, but there is redtape Nos. 3871 and 3888; I further ask that also located, or any Bureau of Reclamation in Washington, DC—bureaucrats mak- there be no second-degree amendments facilities regulated for flood control by the ing it harder to kill the mosquitoes in order to any of these amendments. Secretary of the Army, the Secretary of the that carry the virus. Army shall fund all or a portion of the costs Today it is hard to believe that there The PRESIDING OFFICER. Is there to review or revise operational documents, objection? including water control plans, water control are requirements for permits that I Without objection, it is so ordered. manuals, water control diagrams, release think are absolutely unnecessary and The clerk will report the amend- schedules, rule curves, operational agree- that make it more difficult and more ments by number. ments with non-Federal entities, and any as- expensive to spray for mosquitoes in sociated environmental documentation.’’. the United States. So if a farmer or a The senior assistant legislative clerk rancher, a city or a community wants read as follows: The PRESIDING OFFICER. The Sen- ator from Wyoming. to spray for mosquitoes, they have to The Senator from Tennessee [Mr. ALEX- Mr. BARRASSO. Mr. President, I ask use a pesticide that has been approved ANDER], for others, proposes amendments numbered 3871, 3888, and 3876 to amendment unanimous consent to speak as in by the Environmental Protection No. 3801. morning business. Agency; that is No. 1. In a lot of cases, The PRESIDING OFFICER. Without people who want to spray for mosqui- The amendments are as follows: objection, it is so ordered. toes also have to get a separate permit AMENDMENT NO. 3871 ZIKA VIRUS under the Clean Water Act. That is No. (Purpose: To use Federal and State expertise Mr. BARRASSO. Mr. President, I 2. There are two steps—one, to get the to mitigate fish and wildlife impacts at come to the floor today to talk about permit to spray, and two, to get the Corps of Engineers projects) the threat that the Zika virus poses—a EPA approval of what they are going At the appropriate place, insert the fol- threat to the health of Americans and to spray with. This doesn’t add any lowing: to people around the world. benefit to the environment, and it cer- SEC. lll. PROTECTION OF FISH AND WILDLIFE. Every day we learn more about this tainly doesn’t help protect anybody (a) IN GENERAL.—None of the funds made virus. The Centers for Disease Control from the Zika virus. It is Washington available by this Act shall be available to and Prevention has confirmed a link getting in the way. It adds another carry out project or project operation stud- between Zika and microcephaly. That hoop for people to jump through before ies unless the Secretary of the Army ensures is a condition where babies are born they can get rid of the mosquitoes that evaluation of and mitigation for impacts to fish and wildlife resources consistent with with smaller heads and with brain de- carry the Zika virus. recommendations developed by the Director fects. It is a devastating problem that Senator MIKE CRAPO from Idaho has of the United States Fish and Wildlife Serv- we are all facing. written legislation that would elimi- ice, the Secretary of the Interior, and the Studies have linked Zika to some- nate this second unnecessary require- States pursuant to section 2 of the Fish and thing called Guillain-Barre syndrome— ment. It is not saying that anyone can Wildlife Coordination Act (16 U.S.C. 662), in- a condition I studied in medical school go out and spray whatever they want. cluding recommendations to properly evalu- and have seen patients with. It can The pesticide would still have to be ap- ate impacts and avoid adverse impacts to lead to paralysis, which is another very proved so that we know they are safe. fish and wildlife resources. serious condition. But the legislation says that we don’t (b) REQUIREMENTS.— Last week the Centers for Disease need this second permitting process (1) IN GENERAL.—In carrying out subsection (a), the Secretary of the Army shall not se- Control also confirmed the first Zika- that Washington demands. It is a com- lect a recommended alternative for a water related death in Puerto Rico. monsense change. It is the kind of resources project if the Director of the Because this virus is mostly spread thing we could do to help local officials United States Fish and Wildlife Service con- by mosquitoes, the potential risk is on the ground make the best decisions cludes that the impacts of that alternative only going to become more urgent as about how they can fight these mosqui- cannot be successfully mitigated. the weather turns warmer. So we must toes and this virus in their commu- (2) MITIGATION.—The mitigation require- do what we can now—today—before nities, in the places they know the ments under this section shall be in addition this turns into a true epidemic rather to any other mitigation measures required best, and do it quickly. under section 906 of the Water Resources De- than the threat it is today. America’s The Crapo bill has 18 cosponsors, and velopment Act of 1986 (33 U.S.C. 2283) and any drug companies and researchers need I am proud to be one of them. It is a bi- other applicable Federal or State law (in- to continue working on treatments, partisan bill with bipartisan support, cluding regulations). tests, and vaccines. Our cities and and it has already passed the Environ- AMENDMENT NO. 3888 towns need to start taking aggressive ment and Public Works Committee. We (Purpose: To provide for the operation of res- measures to control mosquitoes. Doc- should take up this bill and pass it and ervoir projects by the Bureau of Reclama- tors can help to educate people who are get these tools into people’s hands as tion) at risk of contracting the disease—this quickly as possible. At the end of title II, add the following: virus—but we really do need all hands I know that some of what America SEC. 2ll. None of the funds made avail- on deck. can do to help fight Zika—and people able by this Act that would be provided to Washington has an important part to understand this—is going to require us the Bureau of Reclamation for reservoir play, and Republicans in the Senate to spend money, and I support that. projects, operations, administration of water are ready to address this issue. Con- That is why the Appropriations Com- rights, or other action in the Republican gress has already passed legislation mittee is looking at the need for addi- River Basin may be used in a manner that that adds Zika to what is called the tional funding, additional spending to does not comply with each applicable— priority review voucher program. This address this threat. Regular appropria- (1) current resolution of the Republican program awards financial incentives to tions bills are the best way for us to River Compact Administration, dated No- vember 24, 2015, for accounting and reservoir the sponsor of a new drug that is ap- carefully look at where the priorities operations for 2016 and 2017; and proved to prevent or treat a tropical are for spending the taxpayers’ dollars. (2) State order necessary to carry out that disease. That is a good way Congress That is how we should be paying for resolution. can help speed up the research process things around here, not just another

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MY6.015 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2682 CONGRESSIONAL RECORD — SENATE May 11, 2016 continuing resolution or some emer- issue of Zika. Then we hear that the licans know after meeting with him as gency measure. minority leader might want to wait well, his distinguished career and work When something new comes up, we until next week to get on this bill. We history show that he is, without a can look at it, figure out how to bal- need to get on this bill now. doubt, someone who deserves fair con- ance the costs, and if we have to do an So the Democrats have made it clear sideration by all of us in the Senate. emergency bill to get some money out that they don’t even want to talk Judge Garland led a massive inves- the door more quickly, we can take a about offsetting any of the Zika fund- tigation of the Oklahoma City bombing look at that as well, but we can’t do ing. The Obama administration con- and supervised the prosecution of Tim- that without at least having a plan tinues to stonewall our reasonable re- othy McVeigh. He called his work for from the administration on where and quests for adequate information about the Justice Department, following the how this money they are requesting is how it wants to spend these taxpayer Oklahoma City bombing, the most im- going to be spent. dollars. portant thing he has ever done in his The Obama administration has not Senate Republicans are going to keep life. yet given us the level of information asking for this information. We are His fairness and diligence earned him we need to make an informed decision. going to keep pushing to use the appro- praise from Members of both parties, It appears that the administration is priations process the way it is in- from victims’ families, law enforce- trying to take advantage of this Zika tended, and we are committed as Re- ment officers, and even from the lead emergency to give itself an additional publicans to addressing the public lawyer who was defending McVeigh. As $2 billion to use however it wants— health threat posed by the Zika virus. a prosecutor, he ensured proper respect maybe to fight Zika but maybe to do We will continue working across the for the rights of criminal defendants. other things. What the administration aisle to respond to the threat and to do He was confirmed to the DC Circuit is saying is that they want the money it in a way that is reasonable, respon- Court of Appeals in 1997 with a strong to be used for ‘‘assistance or research sible, and accountable. bipartisan vote of 76 to 23. Several of to prevent, treat, or otherwise respond Thank you. those who confirmed him in 1997 still to Zika virus . . . or other infectious I yield the floor. serve in the Senate today. Clearly this diseases.’’ The wording is much too I suggest the absence of a quorum. is less about Judge Garland as a nomi- vague. It would allow the administra- The PRESIDING OFFICER (Mrs. nee and more about political obstruc- tion to use these emergency funds on ERNST). The clerk will call the roll. tion and partisanship, especially after other priorities well beyond a Zika re- The senior assistant legislative clerk one Republican Senator admitted that sponse. proceeded to call the roll. if it looks as if Donald Trump will lose The President’s request for emer- Mrs. MURRAY. Madam President, I the November election, we should gency funding goes on to say that most ask unanimous consent that the order quickly confirm Judge Garland. This of the money, they say, could be trans- for the quorum call be rescinded. comes after weeks of saying the Senate ferred to other parts of the govern- The PRESIDING OFFICER. Without should not do its job until we have a ment, like the Environmental Protec- objection, it is so ordered. new President. tion Agency and even the Department Mrs. MURRAY. Madam President, I Evaluating and confirming Supreme of Defense. It includes a lot of expenses ask unanimous consent to speak as in Court Justices is one of the most im- portant roles we have in the Senate. I that don’t necessarily qualify as emer- morning business. have heard from people all over my gency spending outside the regular ap- The PRESIDING OFFICER. Without State of Washington who want the Sen- propriations process. objection, it is so ordered. ate to do its job. Both sides of the aisle know the Zika NOMINATION OF MERRICK GARLAND If Republicans continue to refuse to situation is serious, and both sides Mrs. MURRAY. Madam President, I do their jobs, they aren’t saying the want to do what we can to help. But come to the Senate floor to once again people should decide; they are saying Congress also has an obligation to urge my Republican colleagues to lis- they believe the Republican Presi- make sure that our taxpayer dollars ten to the vast majority of the people dential nominee should. That is just are being spent responsibly, that there across the country, do their job and wrong, especially after we heard from allow us to do ours: fulfill our constitu- is accountability. We shouldn’t be writ- the presumptive Republican nominee tional responsibilities, hold hearings ing a big check for the Obama adminis- last night on FOX News. tration to cash without adequate ex- for Judge Merrick Garland, and give Recently, he said that he thinks planation and adequate accountability. him a vote. women should be punished for exer- We deserve that. The American people We owe that to the people we rep- cising their constitutionally protected deserve it. They will expect it, and resent. It is simply the right thing to reproductive rights. they deserve it. do. Two months ago, the President did Last night he went a step further. He I want to be clear. Zika is a very real his job. He selected a nominee. For 2 would only appoint ‘‘pro-life’’ Justices public health threat, and it deserves se- months, Judge Garland has been ready who would overturn Roe v. Wade. Let rious discussion. It deserves urgent ac- and willing to meet with any Senator me repeat that. The candidate Repub- tion. This fight against the Zika virus who will make the time. Yesterday licans would like to see in the White should not be turned into a political Judge Garland did his job by submit- House nominating Supreme Court Jus- game. So I think it is a terrible sign ting a questionnaire to the Senate Ju- tices has committed to taking our that some Democrats in the Senate diciary Committee outlining his back- country back to the Dark Ages. have begun to treat this devastating ground and his work history, which is That is appalling, and it is something health issue like just another political standard for judicial nominees. I know millions of men and women talking point. That is what they have What about the Senate? In complete across the country are scared of. It is done here on the floor of the Senate. A disregard of what so many Members just one more reason that people will couple of weeks ago, Democrats actu- continue to hear in their home States continue demanding that Senate Re- ally held a press conference calling on across the country, Republican leaders publicans do their jobs now. Congress to approve emergency funds are refusing to act. Senate Republicans Washington State families should for Zika. Then these same Democrats will not say they are opposed to Judge have a voice right now. Families across turned around and blocked passage of Garland. They are refusing to even live America should have a voice right now. the Energy and Water appropriations up to their constitutional responsi- The tea party gridlock and dysfunction bill for a number of days. bility and consider him. This kind of that has dominated too much of our The appropriations process is the pure obstruction and partisanship is so time and work in Congress should be best way for us to fund the Zika re- wrong. People across the country are pushed aside right now. sponse, and the Senate Democrats are not going to stand for it. We are now at I hope Republicans will reconsider. I holding up this process for political an unbelievable 88 days into this Su- hope they will meet with Judge Gar- purposes. We need to get moving be- preme Court vacancy. Especially after land, hold a hearing, and give him a yond this appropriations bill to the knowing what I do after meeting with vote. We need nine Justices serving on next one that is going to address the Judge Garland and what many Repub- the highest Court in the land.

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MY6.016 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 11, 2016 CONGRESSIONAL RECORD — SENATE S2683 The American people deserve a fully Senator JIM INHOFE, the chairman of Since 1916, when the Senate Judici- functioning Supreme Court. the committee on which I serve as ary Committee began holding public I yield the floor. ranking member said: ‘‘I think a lot of confirmation hearings for Supreme I suggest the absence of a quorum. him.’’ Court nominees, the Senate has never The PRESIDING OFFICER (Mr. Senator ROB PORTMAN: ‘‘He’s an im- denied a Supreme Court nominee a SASSE). The clerk will call the roll. pressive guy.’’ hearing and a vote. Let me say that The legislative clerk proceeded to Senator JEFF FLAKE said: ‘‘Nobody again. Since 1916, the Senate has never call the roll. has a bad thing to say about him.’’ denied a Supreme Court nominee a Mrs. BOXER. Mr. President, I ask Yet in the same breath, these are hearing and a vote. The Democrats unanimous consent that the order for some of the very same Republicans who never did it, and the Republicans never the quorum call be rescinded. refuse to hold a hearing and schedule a The PRESIDING OFFICER. Without did it—until now. And this is from the vote on Judge Garland’s nomination, very people who say: ‘‘Oh, I carry the objection, it is so ordered. even though article II, section 2, clause Mrs. BOXER. Mr. President, I come Constitution in my heart. I am a strict 2 of the Constitution says that it is the constructionist.’’ to the floor to talk about a very impor- Senate’s job to provide ‘‘advice and If you are such a strict construc- tant responsibility that the Senate has consent’’ on the President’s Supreme tionist, read this and follow the Con- to deal with in an expeditious man- Court nominees. ner—a Supreme Court nomination. This is what gets me—that my Re- stitution. In a practice consistent with every publican friends say they care about I am not sure about this. I think I single Supreme Court nominee before the Constitution. They love the Con- read that somebody is either thinking him, President Obama’s nominee to fill stitution. They abide by the Constitu- about filing a lawsuit or they have the vacancy, Judge Merrick Garland, tion. They want a literal reading of the filed a lawsuit because of inaction. I submitted his completed questionnaire Constitution. Well, let’s read it to- tell you, if I wasn’t here, I would truly yesterday to the Senate Judiciary gether—article II, section 2, clause 2: think about that. You can’t read this Committee. Inside 6 boxes were 141 The President ‘‘shall nominate, and by Constitution and come up with any pages—with 2,066 pages of appendices— and with the Advice and Consent of the conclusion other than that what they in which Judge Garland provided in- Senate, shall appoint . . . judges of the are doing is unconstitutional—the very credibly thorough answers to the same people who say: ‘‘Follow the Con- standard questions asked of every Su- Supreme Court.’’ It doesn’t say the President ‘‘may stitution.’’ preme Court candidate. nominate’’; it says the President ‘‘shall So in closing, which are the words He detailed the highlights of his ca- my friend is waiting for, here is what I reer, his published writings, the many nominate.’’ It doesn’t say the Senate ‘‘may give advice and consent’’; it says want to say. Our Republican friends honors and awards he received, the have to rethink their obstructionist cases he litigated, the judicial opinions they ‘‘shall.’’ The President shall, by approach because they are going to do he gave, as well as his speeches and his and with the advice and consent of the lasting damage to two of our country’s interviews. Senate. They also shall appoint Ambas- Despite the fact that Senate Repub- sadors, other public ministers and con- most important institutions—the Sen- licans have forced Judge Garland into suls, and judges of the Supreme Court. ate and the Supreme Court. I know an unprecedented limbo, he remains fo- So here it is. This clause wasn’t put they love their country. I know they cused on the task before him. He has in some bottle and miraculously may not like this nominee, even acted with the greatest decency, washed up on the shore and read—this though a lot of them seem to like him thoughtfulness, and bipartisanship is what our Founding Fathers wanted. quite a bit. Maybe they are waiting for while agreeing to meet with 46 Sen- It is in the Constitution. It doesn’t say Donald Trump to put someone up. I ators, including 14 Republicans. ‘‘may.’’ It doesn’t say to the Senate: hope that never happens. But I am Judge Garland respects the process. ‘‘And by the way, p.s., if you don’t like going to tell you now that you are ob- Why can’t Senate Republicans? the President, forget it.’’ No, no, no. It structing. You are obstructing the will President Obama clearly respected is not in there. I looked. It doesn’t say: of the people. You are obstructing a the process when he picked Judge Gar- ‘‘Well, if you think that a President President who was elected twice. You land, who—as Chief Judge of the U.S. isn’t a good President and that you are are obstructing justice for the Amer- Court of Appeals for the District of Co- going to get a better one, you can put ican people, and they all hate what you lumbia, the second most important it off.’’ No, it doesn’t say that. are doing, including the Republicans court in the country—has more Federal The American people have three who have been polled. judicial experience than any other Su- words for the Republicans who are dis- My Republican colleagues have to preme Court nominee in history. respecting this process, disrespecting end these political games. It is time to Let me repeat that. Judge Garland, our Constitution, disrespecting our give Judge Garland the same consider- the nominee from our President, who President, and threatening to create a ation as every other nominee before was duly elected not once but twice, man-made crisis at the Supreme Court. him. It is time to bring some respect has more Federal judicial experience And it is a crisis. If they deadlock, it is back to the Senate and to the Supreme than any other Supreme Court nomi- a crisis. We will have one set of laws in Court nomination process. The Amer- nee in history. one part of the country and one set of ican people are going to hold my Re- Judge Garland has committed much laws in the other part of the country, publican colleagues accountable for of his life to public service, from his or we are not going to have a ruling on this because you cannot do this. This is days leading the successful prosecu- a very important issue. It doesn’t mat- not right. ter what your ideology is, you are set- tions of the Oklahoma City bombers If you want to vote against a nomi- ting up deadlocks. and the Unabomber, to his nearly two nee, fine. I have done it. Of course, vote decades as a Federal appellate judge. It is bad enough that there is ob- struction here. I know my friend, the against the nominee. But as much as I He is brilliant and he is evenhanded. have opposed nominees before—and I The Congressional Research Service Senator from Illinois, will talk about the obstruction when it comes to have—I have never suggested, nor has called him ‘‘pragmatic’’ and ‘‘meticu- any other Democrat I know of ever lous,’’ a nominee who prioritizes ‘‘col- judges and Ambassadors and the like suggested, that you don’t go forward laboration over ideological rigidity.’’ because we face it every day. That is with the process. Let me repeat that. He is a nominee bad enough. But the highest Court in who prioritizes ‘‘collaboration over ide- the land, governed by this Constitu- I thank the Chair, and I yield the ological rigidity.’’ tion—it doesn’t say: ‘‘Look at the floor, noting that my friend from Illi- He has also received high praise from other side of the paper. You really nois is going to address us. some Republican Senators, and that don’t have to act.’’ No. The PRESIDING OFFICER. The Sen- praise deserves repeating. Across party lines, the American peo- ator from Illinois is recognized. Senator LINDSEY GRAHAM said: ‘‘He’s ple are saying three words to my Re- Mr. DURBIN. Mr. President, will the honest and capable, and his reputation publican friends: Do your job. Do your Presiding Officer tell us what the order is beyond reproach.’’ job. of business is.

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MY6.019 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2684 CONGRESSIONAL RECORD — SENATE May 11, 2016 The PRESIDING OFFICER. The Sen- they would do this on a nomination to which could find itself—and already ate is postcloture on amendment No. fill a vacancy on the highest Court of has in several instances—tied 4 to 4. 3801. the land, it shouldn’t surprise us they How important is that? Let me read a Mr. DURBIN. There are no time lim- would do the same thing when it comes quote from back in 1987: ‘‘Every day its agreed to? to these 20 nominees. What are they that passes with the Supreme Court The PRESIDING OFFICER. The time waiting for? Why don’t they want to below full strength impairs the people’s is evenly divided until 4:30 p.m. approve these noncontroversial judges? business in that crucially important Mr. DURBIN. I thank the Chair. They are waiting in prayerful reflec- body.’’ Who made that statement? Re- JUDICIAL NOMINATIONS tion for the election of Donald Trump publican President Ronald Reagan. Mr. President, the Executive Cal- as President. What he said then applies now. endar is sitting here on the table for Mr. President, you know that many What the Republican majority is each Member of the Senate to take a people in your party have mixed feel- doing in the Senate—refusing Merrick look at. I have renamed it. It is no ings about the candidacy of Mr. Donald Garland a hearing and a vote, holding longer the Executive Calendar; it is the Trump. But I would say, stepping aside up on the calendar 20 nominees who political obituaries. from the merits of his candidacy, we should be on the Federal bench—is ob- These are men and women who have shouldn’t have mixed feelings when it structionism at its worst. It is what been nominated to serve in positions of comes to the Constitution, and the the people are sick of across this coun- our government, who are excited about Constitution is explicit when it comes try. It is disrespectful to the Constitu- the opportunity to be public servants, to vacancies on the Supreme Court. tion, it is obstructionism, and it is many of whom have gone through ex- The Founding Fathers, in the Constitu- pure politics. tensive background checks, FBI tion—quoted a few minutes ago by my Why? Why are they so determined to checks, with staff having taken a look colleague from California—in article II, keep this vacancy? Some of them, as I at their resumes, asked hard questions, section 2, didn’t mince words or equivo- said, are dreaming of the possibility of demanded answers, and put these nomi- cate. They said the President shall ap- a President Trump picking the next nees through hearings. Many went point nominees to fill vacancies on the Justice on the Supreme Court. I will through extensive periods of investiga- Supreme Court, subject to the advice let your mind race away with the pos- tion and hearings and then were re- and consent of the Senate. sibilities if ‘‘The Donald’’ is going to ported—20 of them, 20 judicial nomi- We both have a role. The President is choose the next Justice on the Su- nees—by the Senate Judiciary Com- required by the Constitution to appoint preme Court, but others really bring it mittee to the floor of the Senate. Were someone to fill a vacancy. And 3 down to a much more basic level. they controversial? No. All 20 came to months ago, the untimely passing of There are special interest groups who the floor by unanimous vote. Justice Antonin Scalia created that va- want to make sure the next Justice on Think about it. Here is a Senate di- cancy. Two months ago—56 days ago— the Supreme Court is their friend. vided—54 Republicans and 46 Demo- President Obama nominated Merrick They do not want to run the risk that crats—and 20 judicial nominees made it Garland to be the next Justice on the someone is going to be put on the through what I just described to the Supreme Court. The President met his Court who will not rule in their favor. Executive Calendar of the Senate, constitutional responsibility. But the So they are praying their political Wednesday, May 11, 2016. And there Republicans in the Senate announced, prayer: Hang on, hang on, Senate Re- they sit, day after weary day, month hours after Justice Scalia was found to publicans. Take the grief that two- after weary month, thinking they have passed away, they would not even thirds of the American people think might have a chance to serve this Na- consider a nominee by this President you are wrong in what you are doing tion but realizing the clock is running to fill that vacancy—not a hearing, not and be prepared to accept that grief if out. What do I mean by that? In this a vote. you want the support of these special Congress we have approved 17 judges— You might say to yourself: Well, that interest groups. 2 circuit judges, those at the appellate is politics in Washington. Should we That is what this comes down to. It level, and 15 at the district level. Twen- expect anything different? Should we is the sad reality of politics in Wash- ty still sit on the calendar. And across expect a Republican Senate to approve ington today. And I will tell you, there the United States, we have 87 judicial a nominee from a Democrat? Come on, is blame for both sides on many issues, vacancies, including 29 that are in dis- this is hard ball here; this isn’t bean but on this one there is crystal-clear tricts we think are in serious trouble if bag. clarity. The President has met his con- they aren’t filled quickly. Well, let me tell you a little story. In stitutional responsibility. The Senate The Republican majority in the Sen- 1988, with a vacancy on the Supreme Republican leaders, for the first time ate puts these men and women through Court, Republican President Ronald in the history of the United States of this process, reports them out of com- Reagan, in his last year in office, nomi- America, are denying a Supreme Court mittee, and then lets them languish on nated Anthony Kennedy to fill that va- nominee a hearing and a vote. That is the floor of the Senate. They will not cancy and sent the nominee to this fundamentally wrong under the Con- call them for a vote. What are they Chamber in the Senate when it was stitution and fundamentally unfair to waiting for? Well, it is a political deci- controlled by the Democratic side. Merrick Garland. sion. Here is what it comes down to. What did the Democratic majority say Merrick Garland was born in Illinois, There is an unwritten rule—you will to the Republican President, trying to so maybe I am partial to him a little not find it in our rule book—called the fill a Supreme Court vacancy? We bit, but he has quite a record. He has Thurmond rule. It relates to Senator know our responsibility. And that Sen- been touted as one of the best nomi- Strom Thurmond of South Carolina. He ate, under control of the Democrats, nees in terms of qualifications. He is must have articulated this at some took up the name offered by the Repub- now the chief judge of the D.C. Circuit point in his career, but he said: When it lican President, approved him, and sent Court, right below the Supreme Court. comes to an election year—like this him to the Supreme Court in 1988. That is a big job, but he is the man for one—we will stop approving nomina- So to argue ‘‘This is just typical poli- it, according to people from both polit- tions as of the beginning of the polit- tics. Don’t make a lot of noise. We do ical parties. ical conventions. this all the time’’—let me make it Solicitors General of the United Well, in this year, that is going to be clear: What the Republican Senate ma- States of America just sent a letter to about the middle of July. So if you do jority is doing today has never—under- the Senate. Nine of them signed, Demo- the countdown of when we are in ses- line that word ‘‘never’’—happened in crats and Republicans. These are men sion, we have probably 5, 6 weeks left the history of the United States of and women who have argued before the to consider nominations before they America. Supreme Court representing the United die under the unwritten Thurmond This is disrespect for a constitutional States of America—attorneys who are rule. So what the Republicans are provision that is explicit. This is dis- familiar with that Court, the gravity of doing is running out the clock on these respect for a Court which now sits with the decisions they face, the require- 20 people. We shouldn’t be surprised. If 8 members on the Court—a Court ments to serve on the Court—and

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MY6.021 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 11, 2016 CONGRESSIONAL RECORD — SENATE S2685 unanimously, Democrats and Repub- In fact, the Obama economy has led ditches on private land. This regula- licans, they said to the Senate: some economists to wonder if 2 percent tion will have significant economic im- Merrick Garland is the right man to growth is the new normal. Right now, pacts for farmers and property owners serve on the Supreme Court. the Federal Reserve is projecting the who will likely be hit with new Federal We come today with sadness, and economy will grow at a median rate of permits, compliance costs, and the even more with a sense of injustice just 2.2 percent in 2016 and 2.1 percent threat of significant fines. Over the that the Republicans would allow this in 2017. I would argue, based upon the past 7-plus years, the Obama adminis- political gambit to continue. To think 0.5 percent economic growth the first tration has imposed more than 2,700 that they are waiting for President quarter of this year, they may be dra- regulations, including hundreds of Donald Trump to fill this vacancy is al- matically overshooting the rate of eco- major regulations. When I say most impossible to say or to believe, nomic growth if the current trend con- ‘‘major,’’ those are regulations that but it is a fact. tinues, and the St. Louis Fed expects cost American families and businesses I will close by saying I have checked that weak growth to continue for the more than $100 million each year. Out- the Constitution, and I check it regu- next decade. That is very bad news for of-touch Washington bureaucrats larly. There has been no change in the American families who are facing a reaching into our States and imposing provision that says, in November of less prosperous future with less eco- regulatory burdens from afar has be- 2012, Barack Obama was reelected nomic opportunity and mobility. come all too common in the Obama ad- President of the United States to serve During the entire postwar period ministration. Repealing some of the for 4 years—4 full years—and that from 1947 to 2013, our Nation averaged worst of these regulations would dras- would include this year. The Repub- 3.3 percent economic growth. At that tically reduce the burdens facing lican argument that he is out of busi- pace, Americans’ standard of living al- American families and businesses, and ness now and we will wait for the next most doubles every 30 years, incomes that would put more money in Amer- President defies the verdict of the rise, financial security increases, and ican families’ pockets and free Amer- American people in that election. By 5 more people are able to afford homes, ican businesses to do what they do million votes they said: Barack Obama, take vacations, and save for higher best; that is, to innovate and create you are the President of the United education. On the other hand, at the new, good-paying jobs. States for 4 years, with the powers at- pace of growth we have seen since 2007, If we continue on the path we are on tendant to that office. The denial by it will take far longer for the standard right now, we might be the first gen- Republicans of that constitutional re- of living to double. eration of Americans to leave the next ality is a reflection on their feelings Fortunately, we are not condemned generation of Americans worse off, but about a document which they have to weak economic growth. If we look at we don’t have to be. We can reverse the sworn individually to uphold and de- the President’s record, it is easy to see course the President has set during his fend. why our economy is still sputtering administration and put in place the Mr. President, I yield the floor. along: We had a failed $1 trillion stim- kind of policies that will create condi- The PRESIDING OFFICER (Mr. ulus program; $1.7 trillion in new taxes; tions that are favorable to economic SCOTT). The Senator from South Da- the President’s health care law, which growth, to grow our economy and lift kota. raised premiums for families and in- the burdens on American families. THE ECONOMY creased costs for small businesses; Republicans in the Senate have al- Mr. THUNE. Mr. President, 2 weeks more than 2,700 new Federal regula- ready been working to undo the worst ago we received the initial report on tions—and counting, we are not done policies of the Obama administration. economic growth in the first quarter of yet—get added to by the day; and a We are going to continue to fight until 2016. The news was not good. As my Federal debt that has nearly doubled our Nation’s economy is thriving and colleague, the Senator from Alaska, on the President’s watch and more. all families have the opportunity to Mr. SULLIVAN, has pointed out many The President’s policies don’t have to achieve the American dream. times on the floor and in many forums, be permanent. We can repeal If we can just achieve 1 percentage our economy grew at a dismal rate of ObamaCare and the incredible burdens point additional growth in the econ- one-half of 1 percent during the first 3 it is placing on so many families and omy each year, we are told by leading months of 2016—one-half of 1 percent small businesses. We can replace it economists that would add 1.3 million economic growth. In other words, the with something that makes more jobs to our economy, raise wages by economy barely grew at all. sense, creates competition, gives con- $9,000 a year, and generate an addi- While this report was particularly sumers more choices, and drives down tional $300 billion of Federal revenue terrible, the truth is, weak economic prices. that would make our fiscal picture growth has become the norm under the We can replace the President’s tax look a lot smaller by comparison. Obama administration. Since the re- hikes with comprehensive tax reform We have to get spending under con- cession ended in June of 2009, the econ- that focuses on lowering taxes for fam- trol. We have to reform entitlement omy has grown at an average rate of ilies and making America the best programs that are unsustainable, that just 2.1 percent. In the typical post-1960 place in the world to do business, we are going to bankrupt future genera- recovery, by contrast, economic can take serious action to address the tions of Americans, to get our fiscal growth averaged 3.7 percent. That is a spending that is fueling our national house in order, but we also have to huge difference. It is the difference be- debt, and we can repeal some of the grow the economy at a faster rate. tween a stagnant economy and a flour- thousands of burdensome regulations One-half of 1 percent is not adequate— ishing economy—and, for millions of the President has imposed during his nor is 1 percent, nor is 2 percent. We American families, it is the difference tenure. need to get back to a normal growth between surviving and thriving. It is easy to forget that every regula- period in our economy. As I said, since Middle-class families are making 6.5 tion the government imposes, no mat- the end of World War II, 3.3 percent has percent less than they were making in ter how small, has a cost—and those been the average, 3.7 percent has been 2007, before the start of the great reces- costs are paid by American families the norm in a recovery coming out of a sion. A large part of the reason for that and American businesses. Take the na- recession. If we get to that level of is the sluggish economic growth we tional energy tax the President im- growth, we will see millions of new jobs have experienced in the Obama recov- posed on coal-fired powerplants. This in our economy, we will see American ery. For too many families, this slow rule will potentially drive up elec- families getting their wages back to recovery has meant the end of cher- tricity bills for families by hundreds of where they are growing with the econ- ished dreams—the dream of owning dollars each year, and it will be espe- omy, better paying jobs for American their own home, the dream of sending cially harmful to low-income families workers, and a fiscal picture that looks their kids to college, the dream of a se- and seniors who are living on fixed in- a lot more manageable than the one we cure retirement—and the kind of comes. face today. growth we need to escape from these Take the President’s decision to Economic growth is key to so many economic doldrums is nowhere in sight. allow the EPA to regulate ponds and things that affect Americans’ lives on a

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MY6.022 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2686 CONGRESSIONAL RECORD — SENATE May 11, 2016 daily basis. We in the Senate ought to ministration on this critical issue— the country: You guys should be satis- be focused like a laser on what we can economic growth for our citizens—is fied with that. We shouldn’t be. That is do to put the right policies in place one of the worst in U.S. history. It is a surrender of the American dream. So that would encourage and promote eco- not just me saying that. People should that is one response—the new normal. nomic growth, rather than coming up take a look at these numbers. These The second thing the President has with new ways to make it more dif- numbers are actually from the admin- done for a while, but he can’t do it any- ficult and more expensive in this econ- istration and other administrations. more, unfortunately. He has looked omy to create jobs. Far too often, ev- This looks at recent economic growth around the world and said: Well, at erything that happens in Washington, for the last 50 years, starting with least we are growing better than Eu- DC, today leads to more expenses, more President Kennedy’s administration, rope or Japan or Brazil. Really, the mandates, more requirements, more but as my colleague from South Da- only measure that actually matters is regulations, and higher taxes, making kota said, the average growth for the not another country; it is how do we it more difficult for our economy to get United States in our 200-plus-year his- stack up against America? He does not to that faster growth that is so impor- tory has been about 3.7 percent GDP want to talk about that, so he talks tant if we are going to make Ameri- growth. about Europe. He can’t talk about Eu- cans’ standard of living and quality of We look at this chart—and this is rope anymore because we are growing life better and hand off to the next gen- very bipartisan, of course—almost 4 at 0.5 percent GDP growth, and last eration a standard of living they de- percent GDP growth average for the quarter Europe grew at 2.2 percent. It serve and that will improve on the one country. This is what has made us is not great, but it is certainly better we enjoy today. That is what this is all great, strong. We look at this chart, than ours. Obviously, they have to get about, and that is what we ought to be and it shows the ups and downs. This rid of that talking point. focused on. red line is 3 percent GDP growth, The third thing they do is come out I am pleased the Senator from Alas- which is considered pretty good. It is and try to tell us: Hey, you know what, ka is here. I am told the Senator from not great but pretty good. We certainly you are actually doing better. I know Indiana will be joining him in just a should be targeting that. you are feeling horrible and your wages minute to discuss the subject. The Sen- Look at the Obama administration haven’t gone up, but you are doing bet- ator from Alaska, Mr. SULLIVAN, has right here in the corner. It has never ter, trust me. been a great advocate of growth in our even hit 3 percent GDP growth—not In a New York Times article, the economy and has been down on the once, not even in one quarter—ever. President recently lamented that, floor talking about the implications of What we are seeing right here, in the looking back, he didn’t sell all the a half percent of growth and what that almost 10 years of President Obama, great stuff he was doing on the econ- means; that if we don’t change that relative to any other administration, omy. He didn’t sell it better. I don’t trajectory and change it soon, we are Democratic or Republican—Johnson, think he needs to sell it. Most people going to continue down a path that Nixon, even Carter, Reagan, Clinton, feel it, and it is not great. He even said: makes it more and more difficult for real strong growth there—clearly, the Anybody who says we are not absolutely American families to get ahead. That Obama administration has been, by better off today than we were just seven needs to change—faster growth, higher any measure, a lost decade of economic years ago, they’re not leveling with you. growth, the right kind of policies—to growth. Unfortunately, you don’t hear They’re not telling the truth. By almost make that possible. the administration talking about it at every economic measure, we are signifi- Mr. President, I yield the floor. all. You can understand why. It is an cantly better off. The PRESIDING OFFICER. The Sen- abysmal record. But the truth is, if you I think it is astounding that the ator from Alaska. look back in history and that news President of the United States is say- Mr. SULLIVAN. Mr. President, I came out—whether it was a Demo- ing that kind of stuff to the American compliment my good friend from South cratic or Republican administration— people because it is simply not true. Dakota, the chairman of the Commerce the Secretary of the Treasury would Let me provide some facts. The story Committee, for coming down and lead- have said: Don’t worry America, we they tell is of a country that by almost ing the discussion on a very important know you are hurting; we have a plan. every economic measure is actually topic that, to be honest, we are not The Secretary of Commerce would worse off than we were when the talking about nearly enough in the have said: We have ideas on growing Obama administration started. In the Senate—and certainly the Obama ad- the economy; we know that 0.5 percent past 8 years, the labor force participa- ministration is not talking about near- GDP growth—essentially flat growth, tion rate has slid to its lowest measure ly enough—and that is the importance no growth—is not the historical tradi- since the mid-1970s. Essentially, that is of our economy. tion of America. Historically, Cabinet people who have quit looking for a job I was on the floor a couple weeks ago members in any administration would because they can’t find one. and I made a prediction. I said there is have told us: We know it is a problem, According to the most recent census going to be big economic news coming and here is how we are going to fix it. data, the percentage of Americans out, and my prediction was that no- When this news came out 2 weeks below the poverty line in the last 8 body in the administration was going ago, we heard nothing from this admin- years has grown. It is up almost 4 per- to talk about it and none of our friends istration—nothing. When they do talk cent. Real median household incomes in the media were going to talk about about the economy, there are typically in the last 8 years have declined from it. Unfortunately, my prediction came three types of responses: One is, as my $54,900 to $53,600. Since the President true. colleague from South Dakota men- took office, food stamp participation The big news, as Chairman THUNE tioned, there is this talk in Washington has actually soared. It is up by almost said, is that last quarter we grew at 0.5 about the ‘‘new normal.’’ In my view, 40 percent. The percentage of Ameri- percent GDP growth. We essentially it is one of the most dangerous phrases cans who own homes—a marker of the didn’t grow. We didn’t grow. The great being bantered about in DC. The new promise of the American dream—is American economy, the thing that has normal says that we know America has down 5 percent. This is all in the 8 made us great as a country for 200-plus been growing at this robust rate, al- years, 71⁄2 years, since President Obama years, just stalled—and nobody talked. most 4 percent GDP growth for most of has been in office. The Obama administration didn’t talk our history, but there are new factors, The late Vice President Hubert Hum- about it. The media didn’t talk about and we should not expect that any- phrey once said: it. more. We shouldn’t even expect 3 per- Propaganda, to be effective, must be be- When we talk about gross domestic cent. Let’s just dumb down our expec- lieved. To be believed, it must be credible. product, this is essentially the health tations. To be credible, it must be true. of the economy. It is the measure of They talk about the new normal. The No matter how much this adminis- opportunity in America. Unfortu- new normal should be about 1.5, 2 per- tration uses soaring speeches or arti- nately, what we saw last quarter was cent GDP growth, maybe. The people cles from media sources that have been additional proof that the Obama ad- in Washington are telling the rest of favorably disposed toward them or

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MY6.025 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 11, 2016 CONGRESSIONAL RECORD — SENATE S2687 clever tweets insisting that the econ- A number of my colleagues, particu- I yield the floor. omy is doing well, it simply is not. larly on the other side of the aisle, The PRESIDING OFFICER. The Sen- These are the facts, and Americans come to the Senate floor—and I have ator from Indiana. know it. Americans know it. respect for everybody in this great Mr. COATS. Mr. President, I thank We are spending more on housing and body—and they talk about the moral my colleague from Alaska, Senator food. Wages are stagnant. As I have imperatives they believe are impor- SULLIVAN, for what he just presented to mentioned, many have given up look- tant, moral imperative on this topic, us here. He hit the nail right on the ing for good jobs. Some are questioning moral imperative on another topic, but head. Along with our colleague from the ability to put their kids through they rarely talk about the moral im- South Dakota, I want to add my voice college. perative of growth and opportunity. To to what has been said here. What is interesting is that Wash- me, that is the biggest moral impera- As chairman of the Joint Economic ington, DC, is doing fine. When you tive we have, with the exception of na- Committee, we pay a lot of attention grow the government the way we have tional defense in this body. to the state of the economy. We are in the last 8 years, this part of the It is a moral imperative to recognize presented with numbers and facts country actually never had a recession. that we have experienced a lost decade about where we are as a nation. The re- It is not one of the richest places in of economic growth. We have a moral frain that is becoming all too familiar; America, right here in Washington, and imperative to talk about the pervasive that is, we really are in a stagnant po- that is why so many in the DC press poverty, what that does to our citizens, sition, not going anywhere. corps weren’t writing about this. The how it creates holes in the social fabric Of all the statistics that come to us, President says the economy is doing that holds us together, and how, when two stand out here just recently. One is well, so it must be doing well. our own citizens fall through those the fact that the April jobs report was I think the good news is that even holes, a piece of all of us goes with significantly lower than it needs to be now the media is starting to pick up on them because although we are individ- in order to provide meaningful jobs for this because the problem is so perva- uals, we are all Americans together. Americans who are searching for jobs, sive. In this election season, this is We have a moral imperative to tell and for Americans trying to move from what we are hearing Americans talk our fellow citizens that working to- part-time jobs to full-time permanent about. gether we don’t have to accept this, the jobs, to put some certainty into their Here is a heading from a recent At- new normal. We have the moral imper- lives. With just 160,000 jobs created in lantic article: ‘‘The lonely poverty of ative to lift up American workers with April, basically that covers those who America’s white working class.’’ Here policies that actually help them. are retiring—maybe fewer than that— is another one from the same publica- Like most Americans, I was shocked but certainly not the number of new tion: ‘‘The Resurrection of America’s when Presidential candidate Hillary jobs that give an indication of growth Slums.’’ Here is one from another pub- Clinton said that under her administra- in the economy. That was a dis- lication: ‘‘Poverty in America: the tion she would put coal miners out of appointing number, and obviously Wall Deepening Crisis.’’ work. Here is the quote: ‘‘We are going Street paid attention to it. Hopefully it Recently, there have been numerous won’t be repeated, but it is a worrying articles about how poverty leads to ad- to put a lot of coal miners and coal signal that we are not creating the dictions and to higher mortality rates. companies out of business.’’ That is kind of dynamic growth in the econ- The New Yorker had an article entitled shocking. Think about that. I come ‘‘Life-Expectancy Inequality Grows in from a State where there is a lot of omy that will put our out-of-work indi- America.’’ mining. These are great jobs. These are viduals across this country back to The Washington Post is now starting important jobs. These are important work, that will provide opportunities to do some heartbreaking stories about for the national economy of America. for our young people who are grad- poverty, death, and economic despair To have a candidate say that she in- uating from college and high school in our great country. Talking about tends to put coal miners out of work is this month and next month. That is no- the recent West Virginia primary elec- part of the problem. where near the number of jobs we need tion, the Washington Post stated: ‘‘But As Senator THUNE mentioned, the to even reach an average growth rate many poorer, less-educated folks who other part of the problem is that Wash- over the years, as my colleague from have been left behind in the 21st cen- ington is no longer a partner in oppor- Alaska said. tury—the ones who have seen their tunity for coal miners, for workers, for I think we have had eleven major re- wages stagnate, their opportunities for growing the economy, but it has be- cessions from World War II to the upward mobility disappear and their come an obstacle. present. The recovery rate out of each life expectancies shorten—are looking We have to do a lot to get this econ- of those recessions has been at 4 per- to disrupt a status quo that has not omy moving. My colleague from South cent. That rate of growth provided new worked for them.’’ Dakota mentioned a number of ideas. hope for the people who lost their jobs What does this mean for our great We are going to be on the floor talking and new hope for those coming out of country, our citizens? One indication about them—the moral imperative to educational institutions to secure a is, in poll after poll, Americans are provide economic opportunity and hope good job and begin the process of build- telling us they are running out of hope. for Americans. ing a family, buying a home, and living Sixty-five percent of Americans now One thing for certain we have to do is the American dream. Yet this recov- believe the country is on the wrong get control of the Federal Government ery—from a recession that began in track. That is not surprising. We never that wants to regulate every single as- late 2007 with the collapse of Lehman hit 3 percent GDP growth in the last pect of our lives and economy. This is Brothers and the bank failures has decade. a chart that shows how Federal rules been long. It was a deep recession. And The vast majority of Americans don’t from this town go straight up. Every it has taken a considerable amount of believe their kids are going to be bet- year there are more. As a matter of time to get moving in the right direc- ter off than they are. They are telling fact, the Obama administration is tion. us that the quality that has made going to be the first in U.S. history to Clearly, after the last 71⁄2 years of the America great, the quality that is in have proposed in a single year 80,000 Obama administration, we have not the DNA of the United States, and that pages of new Federal regs. If you think begun to achieve the kind of recovery is progress, is losing out to this idea of that is going to help the coal miners or that has been the average of all the re- the new normal. It is a new normal other Americans or working-class fam- coveries since the end of World War II. where our children are not going to be ilies with hope and opportunity, that is We’ve been about half of that, and be- better off than we are, where we can’t not the right solution. What we need is cause the recoveries have been half of grow the economy. The American less government and more economic that, we have not been able to provide dream is all about progress. We need to freedom and the truth about what is opportunity for the American people. remember that. We can’t settle for an- going on with this great economy of I think what we have seen here can other lost decade of economic growth. ours in our great country. That is what best be defined as a result of the failed We can’t settle for stagnation. we are going to continue to do. policies by this administration. We

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MY6.027 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2688 CONGRESSIONAL RECORD — SENATE May 11, 2016 have policies that have raised taxes say this is what is happening across the not on the basis of ideology or what significantly on the American people United States. I wish I could use that they have been told by the administra- even though their incomes have not in- quote to be able to say that under the tion or the President. They need to creased. We have had policies of over- direction of this President and with the look at the results, and the results are spending here in Washington to the support of this Congress, we have dramatic in terms of application of the point where our national debt—based reined in our overspending, tamped basic principles that stimulate eco- on years of deficit spending—has al- down our overregulation, put incen- nomic growth and provide hope for the most doubled from $10.7 trillion when tives in place to create jobs, and put American people. this administration began to over $19 policies in place that to create eco- With that, I yield the floor. The PRESIDING OFFICER. The Sen- trillion after their 71⁄2 years of gov- nomic growth. Unfortunately, that is erning and putting policies in place not the case, as has been made clear by ator from Maine. that have clearly failed. my colleagues, and the case I am try- BIPARTISAN STUDENT LOAN CERTAINTY ACT You can come to no other conclusion, ing to make now. Mr. KING. Mr. President, when Sen- despite what the White House puts out. The contrast between a geographic ators rise on this floor, typically we The American people know better be- entity called a State and the Federal are identifying problems, we are talk- cause their situation is in contrast to Government and the policies which ing about how to solve them, and we the White House saying that things are govern that State and govern our Fed- are talking about how prior actions going well and that we are on the eral Government in the three areas of haven’t quite worked. Today I have the march forward. When the American taxation, regulation, and spending is pleasure of rising for the opposite rea- people compare that with their situa- dramatic. Why wouldn’t we look at the son. I am here to talk about something tion, there is no comparison to be made States that have succeeded? Why that has worked, something that we whatsoever. wouldn’t we look to the policies imple- did, something that we worked on to- Deficit spending, plunging into debt, mented by a State that has succeeded gether on a bipartisan basis that has made an enormous difference for the and overregulation are burdening and demonstrated dynamic economic students of our country. innovators and burdening businesses growth over the same timeframe as the In the spring of 2013, there was an im- from having the ability to expand their Federal Government, who has done ex- pending deadline. The interest rate on business. Overtaxing and clearly over- actly the opposite relative to taxation, student loans, which in the past had spending. Those three policies deter- regulation, and spending, and draw the been set by statute by Congress with- mine economic growth. clear conclusion that the policies that out regard to what the underlying eco- I have had the great privilege of rep- have been implemented by this admin- resenting a State that has done just nomics were at the time or what the istration have failed? borrowing rate of the Federal Govern- the opposite. Under Republican leader- Let’s stop pointing fingers at what ship, our State has controlled spend- ment was—it was an arbitrary number the motives are. Let’s just look at the set by Congress, and it was due to dou- ing, controlled regulations, and put in- results, and the results are very clear: ble. In July of 2013, it was due to double novative processes in place that have We have a stagnant national economy, to 6.8 percent. allowed our State to thrive and grow. people not receiving opportunities to There was a proposal put forward by We came out of a deep deficit situation increase their income. If you go back the leadership and by the Members on some years ago and have turned that to what the average earnings in Amer- this side of the aisle which did not get around to the point where we now have ica per family were at the start of this sufficient votes. There was another a triple-A credit rating. We went from administration, it was $3,000 higher proposal put forth by the Senators on deficit spending, which caused bor- than it is today. the other side of the aisle which also rowing, to a surplus well over $2 bil- Whatever releases come out of the didn’t get enough votes. We were left lion. We have become an attractive White House or whatever the spokes- with a situation with no proposal on State to live and do business in. man for the President says or the the floor and an impending deadline Let me state a couple of things that President himself says just simply that would have doubled rates for stu- have been said about our State. Chief doesn’t match up to the facts. The dent loans for millions of students Executive Magazine recently named In- facts are related to the policies that ei- across the country. At that point, a diana one of the top five States in the ther have been put in place. It is clear small, bipartisan group of us got to- Nation for business. The magazine that in the remaining months of this gether and said: There has to be a bet- asked 513 chief executive officers to administration, those policies are not ter way to find a solution. We can’t let rank the States they were familiar going to change. Simply there is denial this happen to our students. with on tax and regulatory regime, of the fact that the country is not This is a particularly important time workforce quality, and living environ- growing at a rate that provides oppor- of the year to talk about this because ment. Let me state a couple of their tunity and gives us hope for the future. this is when students are finding out quotes. But we do have a model, and my where they are going to college next Indiana . . . has its act together and is im- State is not the only model. We have year, they are making their arrange- pressive. models of States that have done ex- ments for financial aid, and they are Indiana . . . has consistently ranked in the actly the opposite of that. Yes, they thinking about what their commit- top 3 in offering not just competitive incen- have regulations, but they are there for tives for business, but also packages that im- ment will be. Well, as of this afternoon, prove the skill sets to hire a qualified, work- safety and health. They are beneficial those students are going to be able to ready workforce. and were not put in place to micro- breathe a bit of a sigh of relief because Don Brown, chief executive officer of manage how businesses operate. States we just learned that the interest rate Indianapolis-based Interactive Intel- have been careful with the tax dollars on student loans taken out for next ligence, Inc., recently said that the and revenue that come in, and they year based upon the cost of borrowing State’s low costs and low taxes allow balance their fiscal budget on an an- for the U.S. Government will be 3.76 job creators to invest more resources nual basis. They don’t throw them- percent. That is the lowest it has been into their businesses and their employ- selves ever deeper into debt. They rec- in a decade, and it is considerably ees. He went on to say: ognized that is not the path to growth, below—by almost half—what it would Limited regulations make it easy to grow and they spend the taxpayers’ money have been had we not come to that so- here, freeing up time, which is perhaps an wisely. lution on that hot summer day in the entrepreneur’s most coveted gift. . . . We Overtaxation, overregulation, and middle of the summer of 2013. have great universities turning out lots of overspending clearly are not the path The group of people who worked on talented graduates. . . . The public and pri- to economic growth. It is clear that the this and put it together were, as I said, vate sectors work effectively together in an path is just the opposite of that. a bipartisan group. The group consisted effort to improve conditions for everybody. In the remaining months I have here, of Senator RICHARD BURR of North How I wish that quote would reflect I will keep talking about this issue. I Carolina; Senator MANCHIN; Senator what is happening here in Washington. hope my colleagues will pay attention Tom Coburn, my friend from Okla- How I wish I could use that quote to and make decisions on the basis of fact, homa; Senator ALEXANDER; Senator

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MY6.029 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 11, 2016 CONGRESSIONAL RECORD — SENATE S2689 TOM CARPER; Senator DICK DURBIN; and have a mortgage but no house. That is law already requires the BOR to com- Senator Tom Harkin. We had a lot of essentially what is happening. ply with the States through interstate meetings, discussions, negotiations, So what I am talking about today is compacts. Our amendment would hold and ultimately worked together to de- truly good news, but it is not the end of this agency accountable for its actions. termine a fair and equitable way to set the story and we should not say: Well, Our States have a right to manage the rate for student loans from the we have taken care of that issue. Let’s their own water resources for the ben- Federal Government based upon the move forward. efit of compact compliance. Federal Government’s own cost of bor- I do think every now and then it is But through its action, the BOR has rowing money and combined the best important to acknowledge that occa- effectively altered those compacts. ideas from both plans. We got the sionally the policies work out, and this This agency was not created to operate strong support of the President, who is one that has worked out spectacu- unilaterally and exert veto power over encouraged the Democratic Members of larly for the students of America. Fifty the decisions States make to comply our group to join in these negotiations, billion dollars over the next 10 years with compacts. Our amendment will and we reached a consensus. The Bipar- will be saved by students who would ensure that Nebraska, Colorado, and tisan Student Loan Certainty Act otherwise be paying that money in in- Kansas retain control of their waters. passed this body with something like 80 terest, and that is money they can in- It will protect other States that have votes, and that has made a real dif- vest in their own futures and so can these interstate compacts from the ference for our students. make a better life for themselves, their consequential actions of an unaccount- Here are some numbers: $50 billion, $5 families, and our country. able Federal agency. billion, $275 million. Those are the an- I appreciate the opportunity to ac- Nebraska and its neighbors in Kansas swers. What are the questions? knowledge the work that was done by and Colorado are good stewards of nat- The first is, $50 billion is the amount this entire body and by the House and ural resources. We protect our water. of money students will save over the by the President to resolve what would We protect it at the State and the local next 10 years based upon the difference have been a true crisis for our students levels. These States should be free to of what the interest rate would have and to move it toward a much more preserve their resources without un- been and what it is going to be. This manageable solution. I look forward to justified intervention by the Federal says 3.8 percent. We made this yester- continuing to work on this issue and to Government. I urge all of my col- day. It is actually lower; it is 3.76 per- keeping in touch with Chairman ALEX- leagues to consider this amendment, to cent. But this differential over 10 years ANDER and Members of this body who consider the impact of a Federal agen- equals $50 billion in the pockets of stu- are interested in continuing to work on cy overreaching and violating the dents across this country. That is a $5 this issue of the cost of college and how rights of States to determine how to billion-a-year difference in what they student loans are structured in order control, how to manage, how to work will have to pay in interest and what to make them work most effectively together, and how to work within com- they would have paid had the law not and fairly for the young people of this pacts in order to meet the obligations been changed. That is an enormous country. they have. amount of money for our students. In Mr. President, I yield the floor. I yield the floor. the State of Maine, the New America I suggest the absence of a quorum. I suggest the absence of a quorum. Foundation has estimated that this The PRESIDING OFFICER. The The PRESIDING OFFICER (Mr. translates into over $275 million in in- clerk will call the roll. MORAN). The clerk will call the roll. terest savings to students just in the The senior assistant legislative clerk The senior assistant legislative clerk State of Maine. proceeded to call the roll. proceeded to call the roll. Well, those are big numbers: $275 mil- Mrs. FISCHER. Mr. President, I ask Mr. ALEXANDER. Mr. President, I lion, $50 billion, $5 billion. So what unanimous consent that the order for ask unanimous consent that the order does it mean in reality to an individual the quorum call be rescinded. for the quorum call be rescinded. student? Here is what we are talking The PRESIDING OFFICER. Without The PRESIDING OFFICER (Mr. about. Under the old law, an individual objection, it is so ordered. TOOMEY). Without objection, it is so or- typical undergraduate would have paid AMENDMENT NO. 3888 dered. $17,000 in interest as opposed to $10,000. Mrs. FISCHER. Mr. President, I rise DEPARTMENT OF EDUCATION RULEMAKING That is at least $6,000 that goes into today to discuss my amendment No. Mr. ALEXANDER. Mr. President, I the pockets of our students. That is 3888. I am proud to join my colleagues have come across an embarrassing situ- going to make a real difference. from Nebraska, Kansas, and Colorado ation. The U.S. Department of Edu- I am delighted that we have had this to offer this bipartisan amendment. cation has apparently earned an F from success and that we have been able to Our three States are signatories to the the nonpartisan Congressional Re- report something that has actually Republican River Compact, which allo- search Service in its first attempt to been done right around here and then cates the water resources from the Re- write a regulation under the new law has truly benefited millions of students publican River Basin as it travels fixing No Child Left Behind that passed across this country, but we have plenty across our States. this body with 85 votes last year, of work still to do. College is still too Through this allocation process, our passed the House overwhelmingly, and expensive. The burden of student debt States work closely with the Repub- that President Obama signed into law generally is very heavy and weighs on lican River Compact Administration in December calling it ‘‘the Christmas not only the students but our economy. and the Bureau of Reclamation to help miracle.’’ We need to reauthorize the Higher Edu- ensure the most efficient utilization of Most of us will remember this law. I cation Act. We need to enact meaning- our waters as they head to families and know the Senator from Pennsylvania ful changes in the whole structure of businesses across the region. In Ne- had a major role in some provisions in how colleges can keep their prices af- braska we value clean water. Our citi- it. This was a law to fix a law that ev- fordable. We need to give students the zens go to great lengths to preserve erybody wanted fixed. It was 8 years tools they need to succeed. We also and protect these resources. overdue. need to look at the structure of stu- However, in recent years, the Bureau The law that needed to be fixed was dent loan programs to simplify, A, how of Reclamation has violated adminis- called No Child Left Behind. Over the you apply, and B, how you pay them trative orders issued by Nebraska, Kan- last several years, what had happened back, how the structure is, and have sas, and Colorado with no justification was that the U.S. Department of Edu- simple, easily understood techniques to for their actions. This lack of account- cation had become, in effect, a national pay back according to your means, ac- ability from the BOR is costing money. school board. Everybody was upset cording to what you are earning at the It is limiting citizens’ access to pre- with how much those who worked in time, an earnings-based repayment cious water resources. the Department of Education were tell- schedule so that students don’t exit Our bipartisan amendment that is be- ing teachers, school boards, states, and college with this enormous burden. One fore us would halt funding for the BOR students in 100,000 public schools what student told me: Senator, I feel like I when it violates State orders. Federal to do. They were telling them what to

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MY6.030 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2690 CONGRESSIONAL RECORD — SENATE May 11, 2016 do about how to evaluate teachers, American Federation of Teachers, the law. I don’t call that being clever. I what to do about what their academic Council of Chief State School Officers, call that just ignoring the law, and I standards should be—adopt common and others. These are people who don’t am not going to put up with it. I am core—telling them what to do about always agree on education policy. They not going to allow the Department of how to use test scores, and saying how helped pass this law, and they are Education to sit here and watch us in to fix a school that might be in trou- equally determined to make sure it is both bodies of Congress—by big bipar- ble. There are seven defined ways to fix implemented correctly. tisan majorities and supported by Gov- a troubled school. People grew so upset They are not just working at a na- ernors, as well as teachers unions—de- with it that we had a massive bipar- tional level. The Governors in Ten- cide that we don’t want Washington tisan uprising in the Congress. nessee and in other States are working dictating every little thing that hap- It is not easy to get 85 Senators on with coalitions of those same organiza- pens in the schools, and as soon as the behalf of a big complex piece of legisla- tions to make sure the law is imple- President himself signs the law, they tion, but we did. The Wall Street Jour- mented properly. start rewriting it over in his own De- nal said that it was the largest transfer On April 12, we had a hearing in the partment. of power from Washington, DC, to the Education Committee, and I talked If this one provision, this rule that States in 25 years. Almost everybody with the newly confirmed Education the Department came up with, were liked it except some people in the U.S. Secretary about this. I urged the Presi- adopted, these are some of the con- Department of Education, who set dent to appoint an Education Sec- sequences. about almost immediately to try to re- retary because I wanted someone there It would, No. 1, require a complete write the law as if they had actually who was accountable to the Senate, costly overhaul of almost all of the been elected to something. and he was confirmed. His responsi- State and local finance systems in the We anticipated that. In this law we bility is to discharge his duties faith- country. Maybe they need to be over- took the extraordinary step—we in fully according to the law, but based hauled, but we did not decide that they Congress who under article I of the upon this first regulation, no one needed to be, and no one is elected in Constitution are elected to write seems to be taking that seriously. the Department of Education to re- laws—to write prohibitions into the Let me be specific about it. There is quire that. law. a provision in the law that goes back No. 2, it would require the forcing of For example, in the law there is a to about 1970 that says that if you are thousands and thousands of teachers to specific provision that said the U.S. going to get money from the Federal transfer from one school to another Department of Education may not tell Government—we call that title I school. Perhaps they should transfer, Tennessee or Pennsylvania or any money—that you have to provide at but there are 100,000 public schools and other State what its academic standard least comparable services with state there are 3.5 million teachers, and we must be specifically. It may not tell it and local funding in schools that get did not decide in our law that they had that it must adopt common core. That the money and schools that don’t, ex- to transfer, and the Department can’t is in the law. That is a specific prohibi- cept that teacher salaries may not be decide that either. tion. included in that computation. That is It would require States and local What I want to talk about today is a in the law. That has been there for dec- school districts to move back to the report by the Congressional Research ades now. burdensome practice of detailing every Service that Congressman KLINE, Now we had a debate in our com- individual cost on which they spend chairman of the House Education and mittee and on the floor about whether money to provide a basic educational the Workforce Committee, and I re- we should change that law. The Sen- program to all students, which is ex- leased today that says in the very first ator from Colorado, Mr. BENNET, feels actly what we were trying to free attempt by the Department to write a very strongly about it. He said that we States and districts from under the regulation implementing the new law, ought to change the law to say that law. We heard from superintendents they flunked the test. Those are my teachers’ salaries should be included in and from school boards that this nit- words, not those of the Congressional comparing spending in title I schools picking, ‘‘mother may I’’ approach of Research Service, but their words are and non-title I schools. I had a dif- the Department bureaucrats was wast- nearly as plain as mine. ferent proposal. I said: Well, I agree ing the time of superintendents, school A new report by CRS says that their with your point, Senator BENNET, but boards, and teachers. So we wrote more proposed ‘‘supplement not supplant’’ my proposal I would call Scholarship flexibility into the law. The Depart- regulation goes beyond ‘‘a plain lan- for Kids. Let’s just take the Federal ment now wants to take it back. guage reading of the statute’’ and is dollars in Tennessee, Pennsylvania, or According to the Council of the Great likely against the law. Maryland and let the States decide to City Schools, this new proposed rule Congressman KLINE said: create $2,100 scholarships—the amount would cost $3.9 billion just for the 69 The administration spent years dictating it could be—and follow each low-in- urban school systems to eliminate the national education policy and failed to de- come child to the school that the child differences in spending between the liver the quality education every child de- attends. Neither Senator BENNET’s pro- schools. serves. Now, the department seems deter- posal nor my proposal could be adopted Mr. President, I ask unanimous con- mined to repeat its past mistakes. There is by the Senate. So we did not change sent to have printed in the RECORD fol- no question this regulation would violate both the letter and intent of the law, and it the law. lowing my remarks a copy of a state- must be abandoned. Congress and the admin- We then put specifically into the law ment that Congressman KLINE of Min- istration promised to reduce the federal role a provision that said to the Depart- nesota, the chairman of the House Edu- and restore local control, and we will use ment of Education that it may not cation Committee, and I made con- every available tool to ensure that promise write a regulation in such a way that cerning the report of the Congressional is kept. requires parity or equal spending Research Service that says likely that Mr. President, I know, Congressman among school districts. That is in the the Department has ‘‘exceeded its stat- KLINE knows, and the Members of this law as well. Yet what happens? In the utory authority and appears to go be- body know that a law is not worth the first regulation that the Department of yond what would be required under a paper it is printed on unless it is imple- Education sought to do in what we call plain language reading of the statute.’’ mented properly. I am determined, as a negotiated rulemaking process, they I ask unanimous consent to have the chairman overseeing the Com- came up with a scheme, because as the printed in the RECORD following my re- mittee on Education, to make sure departing Secretary said, his lawyers marks a statement I made in connec- that this law is implemented properly. are smarter than the people in the Sen- tion with the April 12 hearing with our We will have this year six hearings ate or the people who work here. They Education Committee in the Senate, on implementation of this law. There is came up with a scheme and require- when Secretary King testified. a coalition of organizations that in- ments that would violate the law, and I ask unanimous consent to have cludes the Nation’s Governors, the Na- the method they chose to require is printed in the RECORD following my re- tional Education Association, the prohibited by another provision in the marks an editorial from the Wall

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MY6.033 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 11, 2016 CONGRESSIONAL RECORD — SENATE S2691 Street Journal entitled ‘‘Obama’s Ed- view Act. It only takes 51 of us to over- tion goes beyond ‘‘a plain language reading Run’’ that was published on April 18 of turn a final rule that we believe is not of the statute’’ and is likely against the law. this year. consistent with the law. We can do The CRS report was prepared in response The Wall Street Journal said, among to broad congressional interest in the pro- that. I will be at the head of the line in posed regulation on the new law that re- other things, that ‘‘the administration trying to do it. We have an appropria- placed No Child Left Behind and whether the is now rewriting the parts of the law it tions process. The U.S. Department of department has the legal authority to issue doesn’t like.’’ A law passed with big bi- Education has to come before us and be the regulation. The report found that the de- partisan majorities. accountable to us for all of the money partment’s ‘‘interpretation appears to go be- This is an intolerable situation. This they receive. yond what would be required under a plain is a complete flouting of the specific I expect from here on out for those language reading of the statute,’’ and that bipartisan intent of large majorities of who write the rules to follow the law. proposed regulation ‘‘appear[s] to directly conflict with this statutory language, which the Senate and the House by a small It is not just me saying this, it is not group of people in a single department seems to place clear limits on [the Education just Congressman KLINE saying this, Department’s] authority.’’ The CRS report who know better than to do this. They we have the nonpartisan Congressional also states that a ‘‘legal argument could be know better than to do this. They are Research Service that has examined raised that [the Education Department] ex- ignoring what we have written into this regulation. I hope my colleagues ceeded its statutory authority if it promul- law. will look at this report. They have con- gates the proposed [supplement not sup- They are not elected to anything. If cluded that the regulation the Depart- plant] rules in their current form.’’ they would like to be in the Congress Senate education committee Chairman ment proposed does not follow the Lamar Alexander (R–Tenn.) said: ‘‘This re- or the Senate, they can resign their po- plain language reading of the statute sitions and the elections come up this port from the non-partisan Congressional that was enacted and signed into law Research Service confirms that what the year. They can run, and they can try to only last December, and is likely Education Department is proposing is change the law. It took us 8 years to against the law. against the law. So now Congress has told debate. We debated these provisions This is the first shot across the bow, the education secretary it’s against the law, with very good people. The Senator as far as I am concerned. I am going to a government agency has researched it and from Colorado, who weighed in on this be watching every single one of these said it’s against the law, and members of the whole question of parity of spending negotiated rulemaking committee who re- regulations. I hope this does not hap- jected it said it was against the law. I will between school districts, is a former pen a second or third time or there will distinguished superintendent of the use every power of Congress to see that this be a large number of us seeking to do law is implemented the way Congress wrote Denver school district. He feels very anything we can do to make sure the it.’’ passionate about it. I used to be the law is implemented the way it should House Education and the Workforce Com- U.S. Secretary of Education myself. I be. mittee Chairman John Kline (R–Minn.) said: have a different proposal about how to This was the most important law ‘‘The administration spent years dictating fix it, and I feel pretty passionate national education policy and failed to de- passed by the U.S. Congress last year. liver the quality education every child de- about it. But I feel even more pas- It affected 50 million children, 3.5 mil- sionate that if we are going to decide serves. Now, the department seems deter- lion teachers, and 100,000 public mined to repeat its past mistakes. There is the answer to the question, we are schools. It restored to the people clos- no question this regulation would violate going to decide it here, and it is not est to the children the authority for both the letter and intent of the law, and it going to be decided down the street by dealing with those children. Everybody must be abandoned. Congress and the admin- regulations that are not authorized by wanted that. Virtually everybody istration promised to reduce the federal role law and in a method that is specifically wanted that except a few people in the and restore local control, and we will use every available tool to ensure that promise prohibited by the provisions of a law U.S. Department of Education who that was signed by the President in De- is kept.’’ cannot keep their hands off America’s In writing the new law last year, Congress cember. 100,000 public schools. They need to do debated and ultimately chose to leave un- So this is the first such regulation, that. They need to learn to do that. changed a provision in the law often referred but there will be more. I would hope They are supposed to create an envi- to as ‘‘comparability.’’ This provision in the that the Secretary of Education and ronment in which teachers, students, law says school districts have to provide at the men and women who work for him and school boards can succeed; they are least comparable services with state and would stop and take a deep breath and not supposed to serve as a national local funding to Title I schools and non-Title I schools. realize that we were serious when we school board. passed this law, that we have the broad A separate provision, known as ‘‘supple- Congressman KLINE, the chairman of ment not supplant’’ or SNS, is intended to support of the entire education com- the House committee, and I released keep local school districts from using federal munity across the board, and that I am this report today. I call it to the atten- Title I dollars as a replacement for state and not going to rest until I make sure tion of my colleagues. I call it to the local dollars in low-income schools. that this law is implemented in the attention of the Governors, teachers, The department’s proposed supplement not way it was written. That means that supplant regulation attempts to change com- organizations, and all who care about parability by forcing school districts to in- we are going to continue to hold the re- our schools. mainder of our six hearings this year. I clude teacher salaries in how they measure I can guarantee you that we are their state and local spending and require am going to work with the coalition of going to keep our eye on the ball and that state and local spending in Title I Governors, teachers organizations, make sure that future regulations are schools be at least equal to the average spent chief State school officers, and others within the authority of the law we in non-Title I schools. to put a spotlight on the Department. I passed and that this law—the most im- The department proposed the regulation to am going to urge the State depart- portant law passed last year by this a negotiated rulemaking committee in ments of education to begin to write March, but the committee could not reach Congress and signed by the President— agreement on the proposal. Wisconsin Super- their own state education plans, which is implemented the way Congress wrote they then later submit to the Depart- intendent Tony Evers, a member of the rule- it. making committee, warned that ‘‘Congres- ment in order to obtain their Federal Mr. President, I yield the floor. sional intent isn’t necessarily being followed dollars under the law. Then, if the reg- There being no objection, the mate- here.’’ ulations are not consistent with the rial was ordered to be printed in the On the question of the department’s legal authority for its regulations, CRS says: ‘‘The law, I don’t believe they should follow RECORD, as follows: them. That means the State should ask Supreme Court often recites the ‘plain mean- ALEXANDER, KLINE: NONPARTISAN GOVERN- for a hearing. And if the Department ing rule,’ that, if the language of the statute MENT ANALYSIS CONFIRMS EDUCATION DE- persists, then the State should go to is plain and unambiguous, it must be applied PARTMENT’S PROPOSED REGULATION IS according to its terms. Thus, if the language court to sue the Department. AGAINST THE LAW of the statute is clear, there is no need to If the Department persists, we have WASHINGTON, May 11.—A new report by the look outside the statute to its legislative our own remedies in the Senate and the non-partisan Congressional Research Service history or other extrinsic sources in order to House of Representatives. We have (CRS) finds the Department of Education’s ascertain the statute’s meaning or under- something called the Congressional Re- proposed ‘‘supplement not supplant’’ regula- lying congressional intent.’’

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MY6.034 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2692 CONGRESSIONAL RECORD — SENATE May 11, 2016 ‘‘In the draft proposed rule . . . the Edu- did not address this matter. Because a re- implementing the new law fixing No Child cation Department (ED) provided only a lim- viewing court could view this legislative his- Left Behind. ited discussion of how this statutory lan- tory as relevant evidence of congressional As Secretary, you have sworn to discharge guage gives ED the legal authority to re- intent to maintain current statutory re- your duties faithfully, and in your confirma- quire parity in expenditures in Title I-A and quirements related to comparability deter- tion hearing, you said you would ‘‘abide by non-Title-I-A schools. According to ED, the minations, a court could potentially con- the letter of the law.’’ reason that the proposal requires that Title clude that ED lacks the statutory authority The importance of the hearing today is to I-A schools receive at least as much in state to attempt to impose a similar requirement make sure that you and your employees are and local funding as non-Title I-A schools is via other methods, including promulgation doing just that. ‘so that Title I funds can provide truly sup- of the proposed SNS regulations.’’ Last year this committee worked to pass a plemental support in Title I schools.’ .... The report concludes: ‘‘Based on the plain bill that fixed No Child Left Behind. The leg- On its face, however, the plain language of language of the above provisions in conjunc- islation signed by the president passed the the SNS provisions does not appear to re- tion with the legislative history and the House 359–64. It passed the Senate 85–12. The quire such a result. Notably, the statutory statutory scheme as a whole, it therefore president called it a Christmas miracle. language does not establish any type of seems unlikely that Congress intended sec- The reason we were able to achieve such standard or requirement regarding how to tion 1118(b) to authorize ED to establish reg- unusual unanimity and consensus is that demonstrate that a Title I-A school receives ulations that would require Title I-A per- people had gotten tired of the Department of all of the state and local funds it would have pupil expenditures to meet or exceed those of Education telling them so much of what received in the absence of Title I-A funds. non-Title-I-A schools. Given some of the con- they ought to be doing. . . . ED’s interpretation appears to go be- cerns identified above, it seems that a legal It wasn’t just Republicans or governors yond what would be required under a plain argument could be raised that ED exceeded who were fed up, it was school superintend- language reading of the statute.’’ its statutory authority if it promulgates the ents, teachers, principals, parents, state leg- On the question of whether the law specifi- proposed SNS rules in their current form.’’ islatures, school boards, and chief state cally prohibits the department from requir- school officers. ing equalized spending, the report says: [From the Senate Committee on Health, There hasn’t been a broader coalition ‘‘(The Every Student Succeeds Act) retained Education, Labor & Pensions] that’s helped to pass a law in a long time. the Title I prohibition that states: ‘Nothing CHAIRMAN ALEXANDER: ALREADY ‘‘DIS- The Department of Education had become in this title shall be construed to mandate TURBING EVIDENCE’’ THAT EDUCATION DE- a national school board, telling Washington equalized spending per pupil for a State, PARTMENT IS IGNORING THE NEW LAW state how to evaluate teachers, telling Kan- local educational agency, or school.’ The sas what their standards must be, and telling WASHINGTON, DC, April 12.—Chairman proposed SNS regulations, however, appear Tennessee how to fix failing schools. to directly conflict with this statutory lan- Lamar Alexander (R–Tenn.) today said there The legislation we passed got rid of all guage, which seems to place clear limits on is already ‘‘disturbing evidence’’ that the that. And then—it went further—to the ex- ED’s authority. This prohibition against Education Department is ignoring the law traordinary length of putting in statute ex- equalized spending thus raises significant that Congress passed in December and told plicit prohibitions on the department in an- doubts about ED’s legal basis for proposing the Education Secretary he would use ‘‘every ticipation of another effort at regulatory regulations that would require Title I–A per power of Congress to make sure the law is overreach. pupil expenditures to meet or exceed those of implemented the way we wrote it.’’ It’s a dramatic change in direction for fed- Alexander said that in a negotiated rule- non-Title–I–A schools. . . . Congress’s deci- eral education policy—the Wall Street Jour- making session, ‘‘your department proposed sion to expressly prohibit ED from requiring nal read it and said it’s the ‘‘largest devolu- a rule that would do exactly what the law equalized expenditures among schools indi- tion of federal control to the states in a says it shall not do . . . Not only is what cates that Congress did not intend to impose quarter-century.’’ such a requirement in the SNS context, par- you’re doing against the law, the way you’re But it isn’t worth the paper it’s printed on ticularly in light of the absence of explicit trying to do it is against another provision if not implemented properly. language to the contrary.’’ in the law.’’ Today, we’re holding our second hearing of Alexander was chairing the second of six On the question of Congressional intent for at least six to oversee the implementation of planned oversight hearings on the law passed the department to address comparability, this law and already we are seeing disturbing last year to fix No Child Left Behind. Edu- the report says: ‘‘Meanwhile, the legislative evidence of an Education Department that is cation Secretary John King was today’s wit- history behind Title I’s comparability provi- ignoring the law that each of this commit- ness. sions raises similar questions about ED’s tee’s 22 members worked so hard to craft. ‘‘As Secretary, you have sworn to dis- legal authority to establish the proposed It wasn’t easy to pass a law that most of us charge your duties faithfully, and in your SNS regulations in their current form. Over could agree to. As I said last year, there were confirmation hearing, you said you would the eight-year period during which Congress crocodiles at every turn. considered a comprehensive reauthorization ‘abide by the letter of the law.’ The impor- One of them was an issue people call ‘‘com- of the ESEA, several bills and amendments tance of the hearing today is to make sure parability.’’ They’re talking about a provi- were introduced that would have modified that you and your employees are doing just sion in the Elementary and Secondary Edu- the comparability provision to require that that,’’ Alexander said. cation Act, first put in there in 1970, that In writing the law last year, Congress de- actual school-level expenditures be used in says school districts have to provide at least bated and ultimately chose to leave un- the determination of comparability, but comparable services with state and local changed a provision in the law often referred none of these proposals have been adopted. funding to Title I schools and non-Title I to as ‘‘comparability,’’ first put in there in Most recently, during consideration of S. schools. 1970, that says school districts have to pro- 1177 in the Senate Health, Education, Labor, The law specifically says that school dis- vide at least comparable services with state and Pensions Committee, Senator Michael tricts shall not include teacher pay when and local funding to Title I schools and non- Bennet offered and withdrew an amendment they measure spending for purposes of com- Title I schools. to require that comparability determina- parability. The law specifically says that school dis- tions be based on state and local per-pupil This committee has debated several times tricts shall not include teacher pay when expenditures (including actual personnel and whether or not teacher pay should be ex- they measure spending for purposes of com- non-personnel expenditures). Ultimately, the cluded. Senator Bennet felt very strongly parability. ESSA, which comprehensively reauthorized about his proposal to address this, and I felt At today’s hearing, Alexander said: ‘‘To ac- the ESEA, did not make any changes to the strongly about mine. complish your goals on comparability, you comparability requirement, leaving in place Ultimately the United States Congress are using the so-called ‘supplement not sup- the statutory prohibition on the use of staff made two decisions about this issue, as re- plant’ provision that is supposed to keep salary differentials for years of employment flected in the law we passed: local school districts from using federal when determining expenditures per pupil First, we chose not to change the com- Title I dollars as a replacement for state and from state and local funds or instructional parability language in law, so the law still local dollars in low-income schools. salaries per pupil from state and local funds. says teacher pay shall not be included: ‘‘The department is forcing school districts In other words, the ESSA did not alter the Second, we added a requirement that to include teacher salaries in how they meas- existing statutory language that prohibits school districts report publicly the amount ure their state and local spending and re- the use of staff salary differentials for years they are spending on each student, including quire that state and local spending in Title I of employment when determining expendi- teacher salaries, so that parents and teach- schools be at least equal to the average spent tures per pupil from state and local funds or ers know how much money is being spent in non-Title I schools.’’ instructional salaries per pupil from state and can make their own decisions about and local funds in making comparability de- THE CHAIRMAN’S PREPARED REMARKS ARE what to do with it, rather than the federal terminations. BELOW government mandating it be used in com- ‘‘Thus, the proposed SNS regulations ap- Mr. Secretary, I urged the president to parability calculations. pear to effectively require (local educational nominate an Education Secretary because I The law that the president signed in De- agencies) to use actual teacher salaries for thought it was important to have a con- cember didn’t do one thing to change the law SNS purposes despite the fact that the ESSA firmed Secretary when the department was that teacher salaries not be included.

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MY6.012 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 11, 2016 CONGRESSIONAL RECORD — SENATE S2693 But here’s what your department did on plant is separate and distinct from mainte- In other words, the Administration is trying April 1—you tried to do what Congress nance of effort and comparability, and steer to do exactly what the law prohibits it from wouldn’t do in Comparability by regulating clear of anything that would change or mod- doing. another separate provision in the law. ify any of those provisions beyond the statu- Progressives want to force local school dis- In a negotiated rulemaking session, your tory changes already signed into law.’’ tricts to equalize spending among schools. department proposed a rule that would do Wisconsin Superintendent Tony Evers, a Regardless of the policy merits, this is im- exactly what the law says it shall not do— member of the rulemaking committee, said practical since staff compensation represents that is, force districts to include teacher sal- last week that ‘‘Congressional intent isn’t more than 80% of school spending. Younger aries in how they measure their state and necessarily being followed here.’’ teachers with lower base salaries are more local spending and require that state and Noelle Ellerson of the school superintend- likely to work at low-income schools due to local spending in Title I schools be at least ents association, says that the prohibitions seniority rules in labor agreements and state equal to the average spent in non-Title I in the law, ‘‘in tandem with Congress’ delib- laws. schools. erate act of leaving comparability un- This is why the law forbids the feds from If your proposed rule were adopted, it changed, makes a seemingly tight case considering ‘‘staff salary differentials for would: against expanding supplement not sup- years of employment’’ when assessing com- 1. Require a complete, costly overhaul of plant.’’ parability between Title I and non-Title I almost all the State and local finance sys- You’ve testified here and in the House of schools. Mandating equalized spending in tems in the country. Representatives that you will ‘‘abide by the Title I schools as non-Title I schools would 2. Require forcing teachers to transfer to letter of the law.’’ force states to rewrite their education fund- new schools. It’s not abiding by the letter of the law to ing formulas and districts to redo their labor 3. Require states and school districts to require local school districts to use teacher agreements. move back to the burdensome practice of de- salaries and equalize spending between Title Experienced teachers earning higher sala- tailing every individual cost on which they I and non-Title I schools when the law pro- ries might have to be forcibly transferred to spend money to provide a basic educational hibits you from doing that. low-income schools. Or teachers at Title I program to all students, which is exactly It’s not abiding by the letter of the law to schools would have to be paid more. Another what we were trying to free states and dis- use the supplement not supplant provision to alternative—and the goal on the left—is to tricts from under this law. achieve your goals for Comparability when compel school districts to employ more staff 4. According to the Council of Great City Congress debated this issue and chose to not at low-income schools. Alas, the quantity of Schools, it would cost $3.9 billion just for make any changes in the law. employees is a poor proxy for the quality of their 69 urban school systems to eliminate I’m making a point of this today because education. the differences in spending between schools. we’re at the beginning of the implementa- This Administration line-item veto vio- But I’m not interested in debating today tion of a law that affects 3.4 million teachers lates both the letter and spirit of a law that whether what you’ve proposed is a good idea and 50 million students in 100,000 public was intended to reduce federal control over or a bad one—the plain fact of the matter is schools. education rather than increase it. that the law specifically says you cannot do I’m determined to see that the law is im- The PRESIDING OFFICER. The Sen- it. plemented the way Congress wrote it. Not only is what you’re doing against the I think it’s important at the beginning of ator from Maryland. law, the way you’re trying to do it is against this implementation to make sure that you AMENDMENT NO. 3871 another provision in the law. and those who work at the department un- Mr. CARDIN. Mr. President, I wish to To accomplish your goals on com- derstand that. take this time to speak on an amend- parability, you are using the so-called ‘‘sup- ment I have authored, amendment No. plement not supplant’’ provision that is sup- [From Wall Street Journal, Apr. 18, 2016] posed to keep local school districts from 3871, which will be voted on shortly—at OBAMA’S ED-RUN—THE ADMINISTRATION using federal Title I dollars as a replacement 4:30 p.m. this afternoon. TRIES TO DICTATE STATE AND LOCAL for state and local dollars in low-income I was listening to my friend Senator SCHOOL FUNDING schools. ALEXANDER. I know he was not talking According to a Politico story published on President Obama has no inhibitions about about my amendment—he was talking rewriting laws he doesn’t like—even those December 18, the former Secretary of Edu- about a different subject—but I always cation said: ‘‘Candidly, our lawyers are much he’s signed. Witness the Administration’s re- listen to Senator ALEXANDER because smarter than many of the folks who were vision of the Every Student Succeeds Act to working on this bill.’’ allow the feds to regulate state and local he always makes such important We in Congress were smart enough to an- school spending. points. I couldn’t agree with him more ticipate your lawyers’ attempts to rewrite The law—which passed Congress last year that laws are not worth the paper they the law. with large bipartisan majorities—devolved are printed on unless they are imple- So we included specific prohibitions in the power to the states and rolled back some fed- mented properly. That was a comment ‘‘supplement not supplant’’ provision that eral mandates. In doing so, Congress rebuffed he made. That is the reason I filed the White House’s previous attempts to di- would prohibit you from doing the very amendment No. 3871. thing you have proposed. rect local education policy with No Child Section 1118(b)(4), says ‘‘Nothing in this Left Behind waivers. I wish to point out that Congress section shall be construed to authorize or Mr. Obama nonetheless hailed the law as a passed the Fish and Wildlife Coordina- permit the Secretary to prescribe the spe- civil-rights success that ‘‘reflects many of tion Act in 1958. It was that act which cific methodology a local educational agency the priorities of this administration.’’ One requires all Federal agencies to consult uses to allocate State and local funds to each notable achievement was giving local school with the U.S. Fish and Wildlife Service school receiving assistance under this part.’’; districts more discretion over Title I funds, and the Department of the Interior and and which target poor students. Federal policy the head of the applicable State fish dating to 1970 requires that Title I funds Section 1605, says ‘‘Nothing in this title and game departments on water shall be construed to mandate equalized must supplement, rather than supplant, spending per pupil for a State, local edu- state and local spending. projects. cational agency, or school.’’ This requirement isn’t controversial, but The concern we have today is that we I’ll use every power of Congress to make school districts still complained that the have many water projects that are sure the law is implemented the way we cost of completing the federal paperwork to being initiated—it could be a dam wrote it, including our ability to use the ap- comply diverted resources from instruction. project, a levy project being done by propriations process and to overturn such Congress eased the burden by letting school the Army Corps—and they are required regulations once they are final. districts establish their own methodology to to work with the recommendations of In addition, if you try to force states to show compliance. The law also prohibited follow these regulations that ignore the laws the Secretary of Education from prescribing Fish and Wildlife as it relates to the we wrote, I’ll encourage them to request a the ‘‘specific methodology a local edu- impacts these projects have on fish and hearing with the department. And if they cational agency uses to allocate State and wildlife. In fact, they are not doing it. lose, I’ll tell them to take you to court. local funds’’ or mandating ‘‘equalized spend- That is the reason I authored this Second, I’m not the only one who can read ing per pupil for a State, local educational amendment, to carry out congressional the law. You’re going to come right up agency, or school.’’ intent—not congressional intent—what against the broad coalition of groups who The Administration is now rewriting the we wrote into the law so that it is very helped pass this law—the governors, school parts of the law it doesn’t like. The Edu- clear that as part of the consultation, superintendents, teachers, principals, par- cation Department recently proposed assess- ents, state legislatures, and school boards. ing the local school district’s compliance U.S. Fish and Wildlife and the States They’ve already sent you a letter saying with the law by whether a Title I school ‘‘re- are to determine the potential impact that ‘‘Regulations and accompanying guid- ceives at least as much in State and local to wildlife resources, describe the dam- ance should clarify how supplement, not sup- funding as the average non-Title I school.’’ ages that will be caused by the project,

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MY6.015 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2694 CONGRESSIONAL RECORD — SENATE May 11, 2016 and develop mitigating measures to APRIL 25, 2016. The PRESIDING OFFICER. Without prevent those damages and improve Re: Support Cardin Amendment 3871 to the objection, it is so ordered. wildlife resources. That is the current Energy and Water Appropriations Bill. Mr. RUBIO. Mr. President, I ask rule. DEAR SENATOR: As organizations rep- unanimous consent that I be allowed to The problem is that the Federal resenting a broad range of conservation, speak for up to 10 minutes as in morn- sportsmen and women, recreation, and out- ing business. agencies are not required to adopt the door interests, we urge you to support recommendations. I understand that, Amendment 3871 to the Energy and Water The PRESIDING OFFICER. Without but they must give the recommenda- Appropriations Bill. This common sense, objection, it is so ordered. tions full consideration, and they are cost-effective amendment will protect fish ZIKA VIRUS not doing that today. At least they are and wildlife, make federal water projects Mr. RUBIO. Mr. President, I come to not doing it as much as we think they better, and give a real voice to the nation’s the floor again today to discuss the should be. That is the purpose for this state and federal fish and wildlife experts. Zika virus, which has been in the news amendment, to make it clear that we Every year, hunting and fishing contribute $200 billion in total economic activity to our quite often in my home State of Flor- meant what we said when we passed nation’s economy. Ensuring that water re- ida and internationally. the law—similar to what my good sources projects are designed, built and oper- In a moment, I want to enter into the friend said in regard to the education ated to sustain and improve fish and wildlife RECORD a number of articles that have bill we passed last year. populations is critical to this economy and appeared just in the last week in pa- The Fish and Wildlife Coordination to our sporting traditions. pers across the State of Florida. Act review is a longstanding and criti- Since 1958, the Fish and Wildlife Coordina- On May 7, the newspaper in Pensa- cally important component of water re- tion Act has fully integrated state and fed- cola had this headline: ‘‘Panhandle eral fish and wildlife expert review into the sources planning. Utilization of expert Army Corps of Engineers water resources conditions create a Zika ’powder keg.’’’ recommendations in these reviews planning process. As part of the water re- The argument it makes is that part of makes sense. sources project review process, the U.S. Fish the State—as are many of the areas in Let me underscore what we are talk- and Wildlife Service evaluates the impacts of the South—is an area where you find ing about. Water projects are very im- proposed water resources projects and makes prevalent a species of mosquito which portant. I know that. I serve on the En- recommendations to reduce the harm to fish is the primary one that is now trans- vironment and Public Works Com- and wildlife resources. State fish and wildlife mitting the Zika virus. It goes on to mittee, which is the authorizing com- experts are also encouraged to provide input say that as temperatures rise and rain- under this process. mittee on many of these issues, to get Despite the extensive work undertaken by fall increases—these are the two ele- these water projects moving. I under- the Fish and Wildlife Service and the states ments that mosquitoes need to spread. stand the challenges. But one of the in analyzing projects and developing impor- So there is going to be a massive purposes is to make sure we preserve tant recommendations, the Army Corps of spread—as there is every year—in the fish and wildlife. Engineers often does not follow the expert specific species of mosquitoes that Every year, hunting and fishing con- recommendations that are developed. When transmit the Zika virus in the pan- tribute $200 billion to our total eco- this happens, federal water projects can handle of Florida. cause significant, and entirely avoidable, Mr. President, I ask unanimous con- nomic activity, to our Nation’s econ- harm to the nation’s fish and wildlife. Fail- sent to have printed in the RECORD the omy. It is a huge part of the reason we ing to follow these expert recommendations require that type of consultation and also leads to mitigation plans that do not Pensacola News Journal article. working together—in order that when work. There being no objection, the mate- these projects move forward, the rec- Amendment 3871 would ensure that the rial was ordered to be printed in the ommendations that are made by Fish recommendations of the nation’s fish and RECORD, as follows: and Wildlife and our local government wildlife experts are fully accounted for dur- [From http://www.pnj.com/story/news/local/ entities are totally consistent with our ing the planning of water resources projects. 2016/05/07/panhandle-conditions-create-zika- This is a common sense, cost-effective way powder-keg/83698034/, May 7, 2016] local communities, that they are heed- to protect our nation’s wildlife and make PANHANDLE CONDITIONS CREATE ZIKA ed and taken into consideration so that water projects better for all of us. Our orga- ‘POWDER KEG’ we not only get the needed water nizations urge you to vote yes on amend- projects but we also preserve our fish ment 3871. (By Carlos Gieseken) and wildlife habitats so that we don’t Respectfully, Nine out of 10 mosquito bites in Northwest endanger the species as part of the National Wildlife Federation, Izaak Walton Florida can be attributed to the culprit project. League of America, Theodore Roosevelt Con- known to scientists as aedes albopictus and I wish to emphasize that not only is servation Partnership, Trout Unlimited, Ar- colloquially as the Asian Tiger. kansas Wildlife Federation, Conservation It is black and white and measures about a this an environmental issue, this is Federation of Missouri, Nebraska Wildlife quarter of an inch in length. It is the sister about State involvement. Not only Federation, North Carolina Wildlife Federa- to aedes aegypti, best known as the Yellow does the Army Corps need to ensure tion, South Dakota Wildlife Federation, Wis- Fever Mosquito because of its past success at that projects meet Federal environ- consin Wildlife Federation. delivering that disease. It is behind the nu- mental requirements, it needs to re- Mr. CARDIN. I encourage my col- merous outbreaks that caused panic and spect each State’s unique situation. If leagues to read the language of this killed thousands in Pensacola between 1765 and 1905. State fish and wildlife experts express amendment. It carries out current law. concern about a project, my amend- Today the two are once again in the spot- That is simply what it does. Current light for all the wrong reasons—they carry ment reiterates what the law already law requires this consideration by Fish Zika, a virus suspected of causing birth de- is. The Army Corps must listen. That and Wildlife on these projects. fects in Brazil and other Latin American is what it says. It is as simple as that. This amendment makes it clear that countries as well as the Caribbean. I urge my colleagues to support this we want the Federal agencies to com- Aedes aegypti was prevalent in the Florida amendment. It has the strong support ply with the law. That is why we wrote Panhandle until the mid 1980s, said John P. of many of our wildlife federations. The it that way. And this amendment Smith, a medical entomologist with Florida National Wildlife Federation supports State University at Panama City who has would make sure the intent of Congress studied insects that affect public health for it. Izaak Walton League of America, in implementing the statute is, in fact, more than 30 years. the Theodore Roosevelt Conservation carried out. At that time, the Asian Tiger began to as- Partnership, Trout Unlimited, and Mr. President, with that, I suggest sert itself when it came to the United States wildlife federations from many of our the absence of a quorum. from Southeast Asia via the used tire trade. States support it. The PRESIDING Officer. The clerk ‘‘They are both bad guys, no doubt about Mr. President, I ask unanimous con- will call the roll. it,’’ Smith said. ‘‘Or should I say bad girls. Only the females bite.’’ sent to have printed in the RECORD the The legislative clerk proceeded to Both mosquitoes also spread yellow fever, letter in support of my amendment. call the roll. dengue and chikungunya. There being no objection, the mate- Mr. RUBIO. Mr. President, I ask The Asian Tiger is found in high con- rial was ordered to be printed in the unanimous consent that the order for centrations on the Gulf Coast, creating a po- RECORD, as follows: the quorum call be rescinded. tential powder keg. This is because Zika

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MY6.037 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 11, 2016 CONGRESSIONAL RECORD — SENATE S2695 spreads when mosquitoes bite multiple peo- mosquito data to ensure adequate funds are could find itself unprepared and at ground ple after biting an infected person. available.’’ zero for a different type of storm: a mos- To date, the Panhandle mosquito popu- ‘‘Please be assured that the Santa Rosa quito-borne Zika epidemic. lation has not been infected. According to County Environmental Department staff, A look at the region’s urban hubs, small the Florida Department of Health, there has specifically its Mosquito Control division towns and rural outposts shows a patchwork been one case of Zika in Santa Rosa County staff, are actively monitoring the Zika situa- of preparedness. Cities such as Houston have in a person who was infected while traveling tion and that the SRC Board of County Com- robust plans in place, while smaller towns, abroad. As of Friday, there have been 105 missioners are ready to deploy whatever re- such as Corpus Christi, Texas, struggle with travel-related cases of Zika in Florida. sources are necessary to protect the resi- fewer resources. A great deal of media ink and broadcast dents of Santa Rosa County,’’ he said. This is just part of painting an over- time has been spent on the disease, but how The Florida Department of Health said in all picture of this very serious problem. worried should the Panhandle be? a statement that it has an incident manage- I would just say that the notion that ‘‘I think it is a real concern,’’ Smith said, ment team in its central office in Tallahas- we should only be worried about Flor- ‘‘and worth doing something to prevent it.’’ see. It coordinates with the state depart- ida or the States on the gulf coast YEAR-ROUND CONCERN ments of agriculture and environmental pro- tection as well as the Division of Emergency alone would not be wise. Mosquitoes But mosquito control technicians in Management, the governor’s office, VISIT that infect people are found in 30 of the Escambia and Santa Rosa counties wage a Florida and others. Escambia County’s 50 States in this country. There are year-round war against the tiny, slender Wilkes said ‘‘operations are currently funded now Zika infections and Zika cases in pests. at a level that supports effective mosquito multiple States across the country. When temperatures regularly hit 60 or control. However, just like during a hurri- We now know that Zika isn’t just above in March or April, the teams start cane or other natural disaster, if we were to spraying to knock out the adult mosquitoes transmitted from mosquitoes but can have a Zika outbreak and a subsequent state who have hatched and begun their warm also be sexually transmitted. In fact, of emergency, we would need additional weather pursuit for food, i.e. blood. the only case of transmission in Flor- funding for supplies and overtime costs.’’ But during the winter months, even in the ida was one that was sexually trans- coldest frost of January or February, mos- Mr. RUBIO. The second article says: mitted in Central Florida. quito larvae can lie dormant, stunting their ‘‘Zika findings could be ’game chang- As we debate all these other impor- own development to wait for warmer tem- ers,’ opening doors to research.’’ It be- tant issues, this is a looming public peratures before emerging. gins by saying: health crisis. This is the situation we Keith Hussey and Temika Wilkes are the Two groups of scientists reported Wednes- are now facing in this country. The mosquito control directors at Santa Rosa day that fetal mice infected with Zika time to act has come. The moment to and Escambia counties, respectively. Their showed brain damage, a finding that con- act has come because right now in this staffs are out inspecting those places where firms the prevailing view that the virus can mosquito larvae lie like baby vampires body and in Washington, DC, we are disrupt the development of fetal brains in facing a debate about this issue, about through the brisk weather months. humans and provides a clearer avenue to They inspect drainage ditches, holding study the problem. how much money we are going to spend ponds and woodland pools. They also do The work should put to rest lingering on it. neighborhoods sweeps in search of man-made doubts in some quarters that the Zika out- Look, the President has proposed $1.9 mosquito nurseries like old tires or other break sweeping through Latin America and billion to deal with it. About $500 mil- containers, foreclosed homes and abandoned the Caribbean is responsible for a surge in lion of that is designed to pay back the swimming pools. babies born with microcephaly and other Ebola funding that has been used in the Larvicide and gambrusia fish, which are brain anomalies. the size of guppies and thrive in stagnant short term to fill in the gap, but the water where they feed on mosquito larvae, It goes on to quote an associate pro- rest of it is for real programs that go are effective weapons. fessor of pathology at the University of into dealing with this issue and par- ‘‘You can get more mosquitoes killed in a Texas Medical Branch in Galveston, ticularly dealing with it on the island small pond of water than you can when they who says: of Puerto Rico, which has been dis- fly away all over the place,’’ said Matthew Let me put it bluntly: These are game proportionately impacted. When I hear Mello, Escambia County mosquito control changers. . . . We need to move forward now. people say there haven’t been any cases supervisor. There is an article dated May 10 in of Zika transmitted in the United FSU’s Smith monitors 12 sites in Santa States, they are wrong. People of Puer- Rosa County. The mosquito control per- the Miami Herald: ‘‘Two new Zika sonnel in that county use his data to help cases in Miami-Dade raise state total to Rico are American citizens. They strategize where and when they treat for to 109.’’ travel to the mainland extensively. It mosquitoes. He and his staff also test the Florida health officials confirmed two new is our responsibility to also fight and mosquitoes for diseases they are known to Zika infections in Miami-Dade on Tuesday, care for them in this process. carry. raising the statewide total to 109 people who But the bottom line is that it is not Escambia County’s mosquito control budg- have contracted the virus this year, more a question of if, it is a question of et for fiscal year 2015 to 2016 is just under than any state. when. There will be a mosquito trans- $620,000. Santa Rosa County’s budget this In Miami-Dade, where most of Florida’s mission of Zika in the continental year is $495,000, and has proposed a budget of Zika cases have been reported, 44 people United States at some point over next $594,518 for next year. have been infected with the virus, said the Smith said that because of the size of the state health department, but the disease has few days, weeks, or months. We cannot area that needs to be covered, ‘‘The pro- not been transmitted locally by mosquito get caught unprepared to deal with the grams in Northwest Florida are some of the bites. Broward County has reported 15 cases consequences. The consequences, by poorest funded throughout the state.’’ of Zika. the way, are not just to pregnant Bay County and other counties have spe- At about 5 o’clock today, I will meet women, which in and of itself is reason cific taxing districts that are used to raise with the Governor of our State, who is to act—I don’t mean to diminish it. millions of dollars to combat mosquitoes. The impact on pregnant women and Their programs include aerial spraying from here asking for Federal aid to prepare for and combat the virus in the State their unborn children is extraordinary helicopters and fixed wing aircraft, public and devastating. The science on that is education programs and more staff who can of Florida. cover more area. The Governor said: indisputable. We are seeing evidence of The amount of local funding is enough to It’s going to get warmer, we’re going to it all across the world and especially handle day-to-day and regular mosquito sea- have more rainfall, we’re probably going to the Western Hemisphere being im- son needs, officials from Escambia and Santa see more mosquitoes in our state. Our fed- pacted by it. That alone is reason to Rosa counties say. But is it enough should a eral government has a variety of plans act. But there is now a definitive link Zika infection break out locally, instead of they’re talking about. . . . We’ve got to ad- between Zika and Guillain-Barre syn- from a far flung place? dress the Zika issue. Hopefully, we can get drome, which is a debilitating, often ‘‘The county’s mosquito control program ahead of it. fatal neurological condition that we has adequate funds to fulfill its mission and But it isn’t just limited to Florida. know is associated with this. has successfully protected the residents from disease spread by mosquitoes for many This is an article from USA TODAY By the way, these children who are years,’’ said Ron Hixon, environmental man- dated May 6, 2016: ‘‘Gulf Coast could be being born after being infected in the ager for Santa Rosa County in a statement. ground zero for Zika.’’ womb with Zika, we don’t know what ‘‘Every year the county reviews its funding The Gulf Coast may know hurricanes, but the long-term prognosis is. Just be- for mosquito control based on prior years this year the region of 60 million people cause they are not born with

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MY6.025 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2696 CONGRESSIONAL RECORD — SENATE May 11, 2016 microcephaly does not mean they will on this—not where the real lives of real ergy, and expertise to help us identify not suffer from other neurological defi- people are at stake. My hope is very and vet candidates when a vacancy oc- ciencies or other neurological condi- soon—and I mean in the next couple of curs, to recommend those candidates, tions in the years to come. We simply days—we can bring before this body a and to begin a process by which we can don’t know. It is not just a first-tri- way forward on this issue that brings get some of the best and brightest peo- mester threat anymore. We now know both parties together and that deals ple in Pennsylvania who are able and Zika can be transmitted and can do se- with this public health crisis in a re- willing to serve on the Federal bench rious damage in the second trimester sponsible way. to do exactly that. as well. Let me say, look, we are running a Using this process, Senator CASEY We know that soon the Olympic debt in this country. So if there is a and I have gotten together, we have games will be played in Brazil, and way to pay for it—and I believe there agreed, and we have recommended to that means hundreds of thousands of can be a way to pay for it—I am all for the President, the President has then people will travel from and through the that. I have ideas about how we can nominated, and this Senate has con- United States to the Olympics and come up with some of that money. We firmed 16 men and women to the Fed- back. We know we have constant visi- can find $1.4 billion, $1.5 billion, $1.9 eral bench in Pennsylvania; 14 are dis- tors coming in and out of this country. billion to pay for this, and I think we trict court judges, 2 circuit court How else would we get 109 cases in should endeavor to do so, but even if judges. There are only two States in Florida? These are people who have ei- we cannot, we should never allow the the Union that have confirmed more ther traveled abroad or have been in- inability to agree on how to pay for it Federal judges in this period of time, fected by a partner in the one case I to stand in the way of addressing a and those are the very large States of have cited. public health crisis that threatens to California and New York, which have had considerably more vacancies. This This is an issue we should jump on become a public health catastrophe. I makes a difference for the people of with a real sense of urgency. It is a prefer that we pay for it. I am for that, Pennsylvania. Federal responsibility to be involved in but I am not going to let an objection For instance, because Senator CASEY this. It is the job of the Federal Gov- to that stand in the way of addressing and I have cooperated this way, we ernment to keep our people safe from this issue. have been able to fill empty court- external threats, and Zika today is an So through all the other issues we houses—Federal courthouses which external threat spreading to this coun- are debating today, from Presidential have sat vacant where people do not try—a country that is at the epicenter campaigns to water projects, I still do have convenient access to justice. In of global commerce and transit. It is not believe we have given sufficient in- the cities of Reading, Williamsport, just a matter of time before someone tensity, urgency or attention to this and Easton, vacant courthouses are no contracts Zika through a mosquito bite burgeoning issue that threatens the longer vacant because through our in the United States, and we have not safety and security of our people. So it work we now have Federal judges sit- prepared for it. is my hope that over the next few ting, hearing, and trying cases, and Localities and States are doing the hours and days we can come forward in providing justice in those commu- best they can with their limited re- a bipartisan way with a way forward, nities. sources, but they do not have the com- and I will continue to work to address Despite what has been a very success- prehensive resources the Federal Gov- and to achieve that. ful record so far, we have more work to ernment can bring to bear. They do not With that, I yield the floor. be done. We have vacancies in Pennsyl- have the resources for research the I suggest the absence of a quorum. vania now. As a matter of fact, there Federal Government can bring to bear. The PRESIDING OFFICER. The are currently four district court—dis- They do not have the ability to deal clerk will call the roll. trict court—nominations for Pennsyl- with it at the ports of entry the way The bill clerk proceeded to call the vania that are pending in the Senate. the Federal Government can. These are roll. Two are still being reviewed by the Ju- important priorities I hope we will Mr. TOOMEY. Mr. President, I ask diciary Committee, and two have been move on. unanimous consent that the order for approved by the committee. They have In the last few hours, I have heard the quorum call be rescinded. had their hearing, they have had their encouraging reports that there are a The PRESIDING OFFICER (Mr. markup, they have voted, they have number of efforts going on behind the GARDNER). Without objection, it is so been successfully reported out of com- scenes in the Senate—at least one of ordered. mittee, and they are on the Executive them in a bipartisan way—to begin to UNANIMOUS CONSENT REQUEST—EXECUTIVE Calendar. address this issue. Over the next few CALENDAR For some time, Senator CASEY and I hours, we will meet with the different Mr. TOOMEY. Mr. President, I rise to have been working to get all four of stakeholders and others who are en- address the issue of vacancies on the these nominees through the process gaged in this issue to see if we can Federal bench in the Commonwealth of and confirmed, and I strongly believe come up with a way forward. Pennsylvania. all four should be confirmed. Here is what I hope we will not do. I In the 51⁄2 years I have been in the Today, I want to focus in particular hope we will not politicize this issue. Senate, I have sought to find common on two, and those are the two who have Zika is not a Republican issue or a ground with my colleagues on both already been successfully reported out Democratic issue. It shouldn’t be a sides of the aisle, with considerable of committee. They are now listed on campaign issue, although I promise it success—and sometimes we continue to the Executive Calendar. These are va- will become one if we have a Zika out- search for that success—whether it is cancies that are especially concerning break in the United States and we are legislation to prevent pedophiles from to me, because in one case the Federal back home doing our constituent work infiltrating our classrooms or working courthouse in Erie, PA—the fourth big- and not here voting. People are going to fight this terrible scourge of opioid gest city in Pennsylvania—has a va- to ask: Why did you do nothing on this abuse and overdoses in Pennsylvania or cant courthouse. It is vacant. It has issue? You knew it was coming. It was trying to keep guns out of the hands of been vacant for almost 3 years. For al- clearly broadcasted and predicted. All criminals and the dangerously men- most 3 years, there has been no Federal the indicators were there and nothing tally ill. judge able to hear cases, and so the happened. Inaction on this is, quite One of the accomplishments of which people in Erie and the surrounding frankly, inexcusable. I don’t believe I am most proud is the work I have counties have very long travel dis- voters will excuse us for refusing to act done with Senator CASEY to fill vacan- tances. They have to go all the way on this. cies as they have occurred on the Fed- down to Pittsburgh or take a very long This should not be a political issue. eral bench in Pennsylvania. Senator drive to get to another Federal court- It should not be a partisan issue. It CASEY and I have developed a fairly house, and that is not right. It is not shouldn’t be used for one party to beat elaborate process. We are blessed to right for the people of Erie, and it is up on the other. There are so many have very talented men and women not right for the people of North- other issues we can fight over but not who have volunteered their time, en- western Pennsylvania generally. We

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Mr. President, my I am talking about would fill judge- far shorter periods of time. understanding—what I intended to do ships that have been vacant far longer So I think this would be progress if was to object to the modification of- than any other pending on the Execu- we could simply agree to have a vote fered by the distinguished Senator tive Calendar. There are other nomi- on these two nominees, then see where from Rhode Island. nees pending on the Executive Cal- we go from there. Let’s get off this all- The PRESIDING OFFICER. Objec- endar. I get that. There are people who or-nothing, 0-or-11 situation, and let’s tion is heard. want to confirm every one of them. I confirm the two judges who would fill Mr. WHITEHOUSE. Mr. President, understand that, but no vacancies have the vacancies that have lasted the with that clarification, I must regret- been outstanding for as long as these longest. tably object to the unanimous consent two vacancies for which we have two Mr. President, I ask unanimous con- request propounded by the junior Sen- qualified candidates who have been sent that the Senate proceed to execu- ator from Pennsylvania. But I do hope successfully reported out of com- tive session to consider the following very much that we can find a way to mittee, and they are very well-quali- nominations: Calendar Nos. 460 and 461 work toward getting these judges con- fied nominees. In fact, I want to talk en bloc; that the Senate vote on the firmed. These are judges who came out briefly about each of them. nominations en bloc without inter- of the Judiciary Committee, which is a Judge Susan Baxter has a very im- vening action or debate; that if con- fairly contentious committee, unani- pressive 34 years of legal experience, firmed, the motions to reconsider be mously. They are district judges. If we including over 20 years serving as a considered made and laid upon the can’t move them, then I suggest the Federal magistrate judge and over a table en bloc; that the President be im- Senate is really not working the way it decade as a practicing lawyer in both mediately notified of the Senate’s ac- ought to, and I very much hope we can the public and private sectors. She tion, and the Senate then resume legis- get to a place where we can move them spent 3 years as a teacher. She com- lative session without any intervening all. pleted her education at two of Penn- action or debate. The PRESIDING OFFICER. Objec- sylvania’s very impressive schools, get- The PRESIDING OFFICER. Is there tion is heard. ting her law degree from Temple and objection? The majority leader. her undergraduate degree from Penn The Senator from Rhode Island. Mr. MCCONNELL. Mr. President, I State. Judge Baxter has agreed to sit Mr. WHITEHOUSE. Mr. President, think it bears repeating again what I in the Erie courthouse, which would reserving the right to object. have said the last few days. If you look eliminate the problem of a vacant Fed- On the Executive Calendar, there is a at the Barack Obama years—he will ul- eral courthouse in the city of Erie. queue of judges who have come out of timately have 8 years in the White Marilyn Horan is the other judge. House—and the George W. Bush 8 years Judge Horan likewise has extensive the Judiciary Committee and are ready in the White House, and you draw a legal experience for 37 years, 20 of for floor action. By my count, along line at this point in their Presidencies, those years as a judge in the Pennsyl- that queue, the two Pennsylvania Barack Obama has gotten 21 more life- vania Court of Common Pleas in Butler judges my distinguished colleague re- time appointments, Federal judges, County, PA; 17 years as a practicing fers to are Nos. 9 and 10; Senator JACK than George W. Bush did during the lawyer, including 14 as a partner in a REED’s and my Rhode Island judge is same period. By any objective stand- law firm. Judge Horan likewise at- No. 8. We would very much like to ard, President Obama has been treated tended two terrific Pennsylvania enter into an agreement where these schools. She got her law degree from judges start to be moved in regular more than fairly during the course of the Pittsburgh School of Law and her order—as we often say we like around his Presidency—much more fairly than undergraduate degree from Penn State. here—through the queue, as is the tra- George W. Bush was treated during the There is no question in my mind, dition in the Senate, so we can get same period of his Presidency. both of these women will make out- them all cleared. I yield the floor. standing additions to the Federal The senior Senator from Pennsyl- The PRESIDING OFFICER. The Sen- bench in Pennsylvania. I believe the vania, Mr. CASEY, as the junior Senator ator from Pennsylvania. seats they will fill, if they are con- mentioned, came here to move a larger Mr. TOOMEY. Mr. President, I want firmed by the Senate, have been vacant block. I would not object to this re- to make it clear that I did not have an too long. Three years is just far too quest if it were amended to include all objection to the modification of the long. 10 of those judges on the Executive Cal- unanimous consent request that was Yesterday my colleague from Penn- endar, down to and including the two made by the Senator from Rhode Is- sylvania, Senator CASEY, made a unan- Pennsylvania judges to whom my dis- land. imous consent request for these 2 tinguished colleague refers. That would I think Senator MCCONNELL makes a Pennsylvania judges but also 9 others, be Calendar Nos. 307, 357, 358, 359, 362, valid point about judicial vacancies for a total of 11. I was not on the Sen- 363, 364, the all-important 459 from that have occurred under President ate floor at the time. Had I been, I Rhode Island, and 460 and 461. Obama. But where we disagree is that I would have voiced my support for that So if the Senator from Pennsylvania think right before us we have excellent request, and I would have agreed to would amend his unanimous consent candidates who have been vetted by that vote. Unfortunately, Leader request to accommodate that, then I both sides. They have been chosen by MCCONNELL disagreed and raised an ob- would not object. both sides. They have come through jection. So we find ourselves stuck at The PRESIDING OFFICER. Will the the process. They have had their hear- zero: We have nobody pending for con- Senator so modify the request? ings. They have been reported out by firmation. We have our colleagues on The majority leader. the committee. It does not serve the the other side saying let’s have 11 Mr. MCCONNELL. I object. people of the Commonwealth of Penn- judges confirmed. The PRESIDING OFFICER. Objec- sylvania to have to continue to wait. I am suggesting a slightly different tion is heard. I am not finished in this effort. I am course. How about we try a step in the Mr. WHITEHOUSE. Mr. President, stymied today. I must say that I am right direction? How about we vote on parliamentary question. disappointed that my friends on the these 2 judges, 2 of the 11? That is not I am not sure whether the majority other side can’t agree to make some the entire slate, but it is not zero. They leader’s objection was to Senator progress. It is not as though I am, for are the two judges who would fill the TOOMEY’s unanimous consent request instance, asking that only Republican vacancies that have been vacant the or to my attempt to modify it. If it was judges be confirmed or only judges who longest. to the former, we are moot, and this are chosen by Republicans. I am not

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MY6.041 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2698 CONGRESSIONAL RECORD — SENATE May 11, 2016 asking that. We have a Democrat and a and their parents $36 billion in taking next year, it is projected that they will Republican, chosen by my Democratic out student loans. We will save another save another $1.1 billion in interest colleague and myself, and I understand $10 billion again this year. That means payments on their student loans. This they are not in the sequence that is that 200,000 North Carolinians—stu- is a day that Congress can be proud of traditionally dealt with. But we are at dents and their parents—are saving because we have done something good an impasse here. They are the two even more on student loans. Those for the American people. judges who would fill the vacancies 200,000 North Carolinians take out I yield the floor. that have lasted the longest, through about $500 million in student loans to The PRESIDING OFFICER. The Sen- no fault of their own. I am trying to attend universities and colleges. Be- ator from Tennessee. find a way to get somewhere between 0 cause of this law, they have been sav- Mr. ALEXANDER. Mr. President, I and 11, neither of which is accepted. ing. Because of today’s Treasury auc- want to congratulate the Senator from This is a very frustrating and dis- tion, they are going to save even more. North Carolina. He was the leader in appointing moment, but I am not going They are going to save about $1.1 bil- 2013, along with Senator MANCHIN and to give up trying. lion across my State alone because of Senator Coburn, who was here at the I yield the floor. the reduction in the Treasury note time—I was a little bit involved at the The PRESIDING OFFICER. The Sen- from a little over 4 percent on the 10- time—and Senator ANGUS KING from ator from Rhode Island. year to 3.76 today. Maine. We worked with the President Mr. WHITEHOUSE. Mr. President, Congressional Research Service tells and with the House. The Senator is ex- let me add to what the distinguished us that about $4,500 less will be paid actly right. The decision that Senator Senator from Pennsylvania has said by out for a 4-year degree. I hold this up BURR and others made, persuading this noting first that the impasse to which because I think this is indicative of Congress and working with the Presi- he refers is created by his own leader- where we are this year—the lowest stu- dent in 2013 to take the student loan ship, which refused to bring up judges dent loan rate since the year 2004. I interest rate out of politics and tie it that have come out of the Judiciary know this is a debate not only within to a certain rate, today reduces the Committee unanimously. the body of the Senate and the House rate by 0.5 percent for nearly 6.4 mil- There is a problem here. It is one but also on the campaign trail for our lion students and saves millions and that can be solved within the Repub- Presidential candidates. millions of dollars on student loans. lican caucus. We can’t very much help Prior to 2013, interest rates had been There is a lot of talk about student loans and the cost of them. Some peo- with that, but we hope that a solution written into law by politicians and ple don’t look at all aspects of them. In comes. were essentially set at 6.8 percent. Tennessee, the independent colleges The second point is that the question Many of us looked at it and said: This and universities have pointed out to here should not be viewed only as to is insane. For the protection of Amer- me that the new overtime rule pro- whether the President is being treated ican taxpayers, it ought to be tied to posed by the Department of Labor fairly but that there are vacancies on some financial instrument. So we tied would add as much as $850 per student Federal courts, and it is our responsi- it to the 10-year bond. Since that point, to the cost of tuition at all of the inde- bility to provide advice and consent. taxpayers—specifically, students and pendent colleges in Tennessee, which is We have a duty of fairness to the con- their parents—have saved $36 billion an outrageous thing to be doing. stituents who have empty seats in because we decoupled it from the polit- Here is an example of real leadership, courtrooms, and we have a duty of fair- ical process here. real action, and real results by the ness to the candidates—the nominees— In fact, those interest rates have Senator from North Carolina, the Sen- who have put their lives on hold with dropped significantly since last year— ator from Maine, and the Senator from the expectation that they would be 4.29 percent to 3.76 percent today. That West Virginia, who by their action in treated fairly by the Senate. That is means about $40 more per month in the 2013, working with the President, have our job—to treat nominees fairly and average graduate’s pocket. It means reduced the cost of going to college for to see to our constituents’ needs. It is $4,500 more overall in saved costs. 6.4 million American students. A lot of What would have happened if we not just a question of numbers and who people can talk; some people can get a is President. hadn’t come together to pass this law? result. I yield the floor. Students would have shelled out an- The Senator from North Carolina, I appreciate the persistence of both other $46 billion in student loan inter- the Senator from Maine, and the Sen- colleagues from Pennsylvania, and I est payments. This is one thing that ator from West Virginia got a result. I am sure we will continue to do this Congress can hold up, and we can high- thank them for it. Let’s give credit until we make some headway. light the fact that we did something re- where the credit is due. President The PRESIDING OFFICER. The Sen- sponsible. For those who claim we Obama was instrumental in that deci- ator from North Carolina. haven’t done anything about the high sion. He worked with Senator Harkin Mr. BURR. Mr. President, I ask unan- cost of student loans, let me suggest to and with others in helping us come to imous consent to speak as in morning you that we have done a lot. We have an agreement. business. saved parents and students $46 billion. For those who think that things The PRESIDING OFFICER. Without We probably could save them more can’t get done, things do get done here, objection, it is so ordered. than that if, in fact, we didn’t divert and sometimes they help people who BIPARTISAN STUDENT LOAN CERTAINTY ACT some of the proceeds that the Govern- would like to have the help. Congratu- Mr. BURR. Mr. President, today is an ment gets off of student loans to the lations to Senator BURR for saving mil- excellent day for students across the Affordable Care Act by about $2 billion lions of dollars for students who are country who are taking out college a year. taking out student loans. student loans. For the upcoming school We ran into significant pushback Mr. President, in just a moment, we year, the Treasury auction just took from several Members of this body. In will have two votes on the Energy and place on 10-year notes. Some folks fact, 18 Members of this body, mostly Water appropriations act. The first is might ask: What is the connection with from the other party, opposed this law. on the amendment by the Senator from student loans and Treasury notes? The junior Senator from Vermont Maryland, Mr. CARDIN. The second vote Three years ago, Senator ALEXANDER, called it a disaster for young people in is on the amendment by the Senator myself, Senator MANCHIN, Senator our country looking to go to college. from Nebraska, Mrs. FISCHER. Other KING, and others said something very This law was also vocally opposed by than a voice vote on Senator FLAKE’s simple: We are going to get politicians the senior Senator from Massachu- amendment, those are the last votes on out of the business of setting student setts. But today, it demonstrates the amendments that we have for the En- loan rates, and we are going to let the shortsightedness that was displayed ergy and Water appropriations bill. marketplace do it. That was a wise de- then. Today, because of what we did in As soon as the majority leader and cision, as was the law we passed—the a bipartisan fashion passed by this the Democratic leader agree that we Bipartisan Student Loan Certainty body, parents and students have saved can schedule the vote on final pas- Act. Since 2013 it has saved students $46 billion, and in North Carolina this sage—either later today or tomorrow—

VerDate Sep 11 2014 06:25 May 12, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MY6.049 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 11, 2016 CONGRESSIONAL RECORD — SENATE S2699 for the first time since 2009, we will NOT VOTING—1 Calendar No. 307; that there be 60 min- have completed an Energy and Water Sanders utes for debate only on the nomina- bill in regular order across the floor of The PRESIDING OFFICER. Under tion, equally divided in the usual form; the Senate, which every single Member the previous order requiring 60 votes that upon the use or yielding back of of this body has a chance to participate for the adoption of this amendment, time, the Senate vote on the nomina- in, rather than just having the 30 mem- the amendment is rejected. tion without intervening action or de- bers of the Appropriations Committee bate; that if confirmed, the motion to VOTE ON AMENDMENT NO. 3888 and then everybody else being pre- reconsider be considered made and laid The PRESIDING OFFICER (Mr. LEE). sented with a great big omnibus bill at upon the table; that the President be Under the previous order, the question the end of the year, which they really immediately notified of the Senate’s is on agreeing to amendment No. 3888, don’t have a chance to change. action, and the Senate then resume offered by the Senator from Tennessee, Everybody had a chance to weigh in legislative session without any inter- Mr. ALEXANDER, for the Senator from on this. About 80 Senators did before it vening action or debate. Nebraska, Mrs. FISCHER. The PRESIDING OFFICER. Is there came to the floor. We will have consid- Mrs. FISCHER. Mr. President, I ask objection? ered about 21 more amendments. It has for the yeas and nays. been a very good process. There were a Without objection, it is so ordered. The PRESIDING OFFICER. Is there a The Senator from Tennessee. couple of bumps, but this is the Senate. sufficient second? We deal with the bumps. I thank Sen- Mr. ALEXANDER. Mr. President, I There appears to be a sufficient sec- am pleased to report to the Senate, on ator CARDIN for his contributions and ond. behalf of Senator FEINSTEIN and my- Senator FISCHER for hers. When we are The clerk will call the roll. through with that, we hope to finish self, that basically we are finished with The legislative clerk called the roll. our work on the Energy and Water ap- the bill. Mr. DURBIN. I announce that the propriations bill. The final vote—all VOTE ON AMENDMENT NO. 3871 Senator from Vermont (Mr. SANDERS) that remains to be done—will be set is necessarily absent. The PRESIDING OFFICER. Under whenever the majority leader and the The PRESIDING OFFICER (Mr. the previous order, the question is on Democratic leader agree it can be. PERDUE). Are there any other Senators agreeing to amendment No. 3871, of- I will have more to say about the bill in the Chamber desiring to vote? fered by the Senator from Tennessee, tomorrow, but I thank Senators for The result was announced—yeas 52, Mr. ALEXANDER, for the Senator from their cooperation on this. If we are able nays 47, as follows: Maryland, Mr. CARDIN. to pass it tomorrow, this will be the Mr. ALEXANDER. Mr. President, I [Rollcall Vote No. 70 Leg.] first time we have taken this bill—the ask for the yeas and nays. YEAS—52 Energy and Water appropriations bill— The PRESIDING OFFICER. Is there a Ayotte Fischer Perdue across the floor in the regular order sufficient second? Barrasso Flake Portman since 2009. What that means is that Bennet Gardner Risch There appears to be a sufficient sec- Blunt Graham Roberts every single Senator has had a chance ond. Boozman Grassley Rounds to weigh in on it—first in the com- The clerk will call the roll. Burr Hatch Rubio mittee, where we received rec- Capito Heller Sasse ommendations for policy from 80 or so The senior assistant legislative clerk Cassidy Hoeven Scott Coats Inhofe Senators on both sides of the aisle, and called the roll. Sessions Corker Isakson Shelby then we processed another 21 amend- Mr. DURBIN. I announce that the Cornyn Johnson Sullivan ments here on the floor. I hope it is a Senator from Vermont (Mr. SANDERS) Cotton Klobuchar is necessarily absent. Crapo Lankford Thune good model for the other 11 appropria- Cruz Lee Tillis tions bills that we have. The PRESIDING OFFICER. Are there Daines McCain Toomey When we voted for the fourth time on any other Senators in the Chamber de- Donnelly Vitter McConnell whether to end debate on the bill, I was siring to vote? Enzi Moran Wicker Ernst Paul pleased to see that the vote was 97 to 2. The result was announced—yeas 39, I hope that is an indication of what the NAYS—47 nays 60, as follows: final vote will be when the leaders set [Rollcall Vote No. 69 Leg.] Alexander Gillibrand Murray it. I am confident that Senators will Baldwin Heinrich Nelson YEAS—39 Blumenthal Heitkamp Peters vote for it in big numbers because we Baldwin Franken Nelson Booker Hirono Reed have had an open and fair process. We Bennet Gillibrand Peters Boxer Kaine Reid have had a full amendment process. Blumenthal Heinrich Reed Brown King Schatz Almost every Senator is represented Booker Hirono Reid Cantwell Kirk Schumer Boxer Kaine Schatz Cardin Leahy Shaheen in the bill, and many Senators have al- Carper Manchin Brown Klobuchar Schumer Stabenow ready been home taking credit for what Casey Markey Cantwell Leahy Shaheen Tester is in the bill. So I hope they will now Cochran McCaskill Cardin Markey Stabenow Udall Collins Menendez vote for what they have been taking Carper Menendez Udall Warner Casey Merkley Warner Coons Merkley credit for when they have an oppor- Durbin Mikulski Warren Coons Mikulski Warren Whitehouse tunity—hopefully tomorrow. Donnelly Murphy Whitehouse Feinstein Murkowski Franken Murphy Wyden So we will wait to see when the ma- Durbin Murray Wyden jority leader and the Democratic lead- NOT VOTING—1 NAYS—60 er decide to set the vote, but other Sanders Alexander Fischer Moran than the final passage of the bill, we Ayotte Flake Murkowski The PRESIDING OFFICER. Under have completed our work on the En- Barrasso Gardner Paul the previous order requiring 60 votes ergy and Water appropriations bill, and Blunt Graham Perdue Boozman Grassley Portman for the adoption of this amendment, I thank the Senate for the opportunity Burr Hatch Risch the amendment is rejected. to do that. Capito Heitkamp Roberts The majority leader. The PRESIDING OFFICER. The Sen- Cassidy Heller Rounds ator from Mississippi. Coats Hoeven Rubio f Cochran Inhofe Sasse Mr. COCHRAN. Mr. President, I am Collins Isakson Scott UNANIMOUS CONSENT AGREE- encouraged that the Senate will soon Corker Johnson Sessions MENT—EXECUTIVE CALENDAR complete consideration of the Energy Cornyn King Shelby Cotton Kirk Sullivan Mr. MCCONNELL. Mr. President, I and Water Development appropriations Crapo Lankford Tester ask unanimous consent that at a time bill. This legislation funds important Cruz Lee Thune to be determined by the majority lead- components of our national defense, in- Daines Manchin Tillis er, in consultation with the Demo- vests in our waterways and flood con- Enzi McCain Toomey Ernst McCaskill Vitter cratic leader, the Senate proceed to ex- trol infrastructure, and supports a safe Feinstein McConnell Wicker ecutive session for the consideration of and affordable domestic energy supply.

VerDate Sep 11 2014 06:42 May 12, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MY6.050 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2700 CONGRESSIONAL RECORD — SENATE May 11, 2016 I commend the managers of the bill, funeral service was every mother’s lution on May 5, 2015. My last filing the senior Senator from Tennessee, Mr. dream: a salute to a life of values, car- can be found in the CONGRESSIONAL ALEXANDER, and the senior Senator ing, support and love. RECORD on April 6, 2016. The informa- from California, Mrs. FEINSTEIN. They Even outside her home, Barbara was tion contained in this report is current make a good team. They have been per- the quintessential teacher by the book through May 9, 2016. and by her example. She gave up many sistent and they have worked dili- Table 1 gives the amount by which gently to ensure that all Senators’ in- summers to teach classes in American each Senate authorizing committee ex- terests have been considered in draft- Government and democracy for inter- ceeds or is below its allocation for ing this legislation. national students through a program I look forward to continued progress funded by the U.S. State Department. budget authority and outlays under the on appropriations bills in the weeks Her legendary energy made her an in- fiscal year 2016 budget resolution and ahead. spirational professor and at the same the fiscal year 2017 enforceable budget I yield the floor. time a tireless public servant. She was levels filing. This information is used Mr. ALEXANDER. Mr. President, I a trailblazer. Barbara ran for office for enforcing committee allocations suggest the absence of a quorum. when many women held back. She was pursuant to section 302 of the Congres- The PRESIDING OFFICER. The a two-time candidate for the Illinois sional Budget Act of 1974, CBA. For fis- clerk will call the roll. State Senate and a nine-time delegate cal year 2016, which is still enforced The legislative clerk proceeded to to the Democratic National Conven- under the 2016 congressional budget call the roll. tion, including playing key roles in the resolution, Senate authorizing com- Mr. ALEXANDER. Mr. President, I Presidential campaigns for Bill Clinton mittees have increased direct spending ask unanimous consent that the order and Barack Obama. And from 2000–2012, outlays by $2.7 billion. Over the fiscal for the quorum call be rescinded. Barbara Brown was the clerk of courts year 2017–2026 period, which is the en- The PRESIDING OFFICER. Without for Randolph County, IL. tire period covered by the fiscal year objection, it is so ordered. Outside of politics, Barbara was a co- 2017 enforcement filing, Senate author- f founder and president of the Illinois izing committees are unchanged from MORNING BUSINESS Women’s Institute for Leadership and assumed levels. Prior to updating the Mr. ALEXANDER. Mr. President, I helped establish the American Cancer budget window, however, this table ask unanimous consent that the Sen- Society’s Relay for Life in Randolph would have shown that Senate author- ate be in a period of morning business, County. She was a force of nature. izing committees violated their allow- with Senators permitted to speak Through her many leadership roles, able outlay levels by $147.9 billion over therein for up to 10 minutes each. Barbara became a prominent voice for the fiscal year 2016–2025 period. This The PRESIDING OFFICER. Without the rights of women, the underprivi- breach is largely attributable to the objection, it is so ordered. leged, and the most vulnerable in the nonappropriations provisions, exten- community. And that is what public f sions of the tax expenditure policies service meant to Barbara Brown. She REMEMBERING BARBARA BROWN originally found in the American Re- was driven by a willingness to offer a Mr. DURBIN. Mr. President, southern helping hand and a caring heart. covery and Reinvestment Act of 2009, Illinois lost a legend and one of its Barbara had an amazing career and included in last year’s consolidated brightest lights. Last week, Barbara was known for many accomplishments, omnibus appropriations bill, most of Brown passed away at the age of 61. but I knew her as a friend, a friend to which were charged to the Committee Barbara was blessed with every God- the people of southern Illinois, and an on Finance. given gift one could ask for: intel- inspiration to us all. Today there is an Table 2 gives the amount by which ligence, strength, compassion, kind- empty space in the world without Bar- the Senate Committee on Appropria- ness—just to name a few. She had it bara Brown. She will be missed, but tions exceeds or is below the statutory all. not forgotten. Through the love of her spending limits for fiscal year 2016. She was a remarkable woman who former students, colleagues, friends, wore many hats during her political ca- This information is used to determine family, and everyone who was fortu- points of order related to the spending reer: vice-chair of the Democratic nate enough to cross her path, Bar- Party of Illinois, precinct committee- caps found in section 312 and section bara’s spirit will always shine on 314 of the CBA. On December 18, 2015, woman, chairwoman of the Randolph southern Illinois. County Democratic Central Com- the President signed H.R. 2029, the Con- f mittee, and treasurer for the Pierre solidated Appropriations Act, 2016, P.L. Menard Democrat Club. She also BUDGET SCOREKEEPING REPORT 114–113, into law. This bill provided reg- helped found and lead the South- Mr. ENZI. Mr. President, I wish to ular appropriations equal to the levels western Illinois Democratic Women submit to the Senate the budget set in BBA 15, specifically $548.1 billion and the Southern Illinois Democratic scorekeeping report for May 2016. The in budget authority for defense ac- Women, two grassroots organizations report compares current law levels of counts, revised security category, and working toward a more equitable rep- spending and revenues with the $518.5 billion in budget authority for resentation of women in all levels of amounts the Senate agreed to in the nondefense accounts, revised nonsecu- government. Barbara Brown was an ex- budget resolution for fiscal year 2016, rity category. ceptional leader. the conference report to accompany S. Table 3 tracks the same enforcement Born in Red Bud, IL, Barbara spent Con. Res. 11, and the Bipartisan Budget information as Table 2 for fiscal year her life working for the people of Act of 2015, P.L. 114–74, BBA 15. This in- 2017. While no appropriations bills have southern Illinois. In 1985, she earned formation is necessary for the Senate been enacted, subcommittees are her doctorate from Southern Illinois Budget Committee to determine charged with permanent and advance University, at Carbondale, and a love whether budget points of order lie appropriations that first become avail- for teaching. Barbara taught political against pending legislation. It has been able for fiscal year 2017. These include science at SIU for more than 30 years. prepared by the Republican staff of the spending on veterans healthcare, spe- And when she made a commitment to Senate Budget Committee and the Con- cial and K–12 education, housing assist- something, she saw it through. Barbara gressional Budget Office, CBO, pursu- ance, job training, and the Corporation began playing the organ when she was ant to section 308(b) of the Congres- for Public Broadcasting. The discre- 14 years old at St. Mary’s Catholic sional Budget Act. tionary limits, which were increased by Church of Ellis Grove. She became a This is the fourth report that I have a combined $30 billion in BBA 15, split lifelong parishioner and continued made this calendar year. It is the first playing the organ for more than 40 report since I filed the statutorily re- evenly between defense and nondefense years. quired fiscal year 2017 enforceable accounts, are $551.1 billion for defense The highlights of her life were her budget limits on April 18, 2016, pursu- and $518.5 billion for nondefense. family. She and her husband, Dick, had ant to section 102 of BBA 15, and the Table 4 gives the amount by which three sons: Jay, Matt, and Nate. The eighth report I have made since adop- the Senate Committee on Appropria- tribute Nate gave to his mother at her tion of the fiscal year 2016 budget reso- tions is below or exceeds its allocation

VerDate Sep 11 2014 06:25 May 12, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MY6.054 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 11, 2016 CONGRESSIONAL RECORD — SENATE S2701 for overseas contingency operations/ and tax extenders bill. A point of order TABLE 1.—SENATE AUTHORIZING COMMITTEES—ENACTED global war on terrorism, OCO/GWOT, was raised against this violation, but DIRECT SPENDING ABOVE (+) OR BELOW (¥) BUDGET spending for fiscal year 2016. This sepa- Congress waived the budget discipline RESOLUTIONS—Continued rate allocation for OCO/GWOT was es- by a vote of 73 to 25, rollcall vote No. (In millions of dollars) tablished in section 3102 of the con- 338 of the 114th Congress, First Session. 2017– 2017– ference report for S. Con. Res. 11, and Of the 73 votes that waived budget dis- 2016 2017 2021 2026 is enforced using section 302 of the cipline on this bill, 37 were from the Outlays ...... 0 0 0 0 CBA. The consolidated appropriations majority, and 36 were from the minor- Energy and Natural Resources: bill included $73.7 billion in budget au- ity. In voting no, I was joined by 15 Budget Authority...... 0 0 0 0 Outlays ...... 0 0 0 0 thority and $32.1 billion in outlays for other members of the majority and 9 Environment and Public Works: OCO/GWOT in fiscal year 2016. This members of the minority. Budget Authority ...... 2,880 0 0 0 For fiscal year 2017, CBO estimates Outlays ...... 252 0 0 0 level is equal to the revised OCO/GWOT Finance: levels that I filed in the RECORD on De- that current law levels are below the Budget Authority ...... 365 0 0 0 fiscal year 2017 enforcement filing’s al- Outlays ...... 365 0 0 0 cember 18, 2015. There is no equivalent Foreign Relations: enforcement of OCO/GWOT for fiscal lowable budget authority and outlay Budget Authority...... 0 0 0 0 Outlays ...... 0 0 0 0 year 2017. Instead, the handling of OCO/ aggregates by $974.3 billion and $592.4 Homeland Security and Gov- GWOT-designated spending will revert billion, respectively. The allowable ernment Affairs: Budget Authority...... 0 0 0 0 back to the traditional treatment with spending room will be reduced as ap- Outlays ...... 0 0 0 0 the chairman of the Budget Committee propriations bills for fiscal year 2017 Judiciary: Budget Authority ...... ¥3,358 0 0 0 making dollar-for-dollar adjustments are enacted. Revenues are at the level Outlays ...... 1,713 0 0 0 to levels for congressional enforcement assumed for fiscal year 2017. Finally, Health, Education, Labor, and Pensions: and the Office of Management and Social Security outlays and revenues Budget Authority...... 0 0 0 0 Budget making statutory adjustments are at the levels assumed in the fiscal Outlays ...... 0 0 0 0 Rules and Administration: to the limits if the President agrees year 2017 enforcement filing. Budget Authority...... 0 0 0 0 with the congressional designation of CBO’s report also provides informa- Outlays ...... 0 0 0 0 Intelligence: spending as OCO/GWOT. tion needed to enforce the Senate’s Budget Authority...... 0 0 0 0 The fiscal year 2016 budget resolution pay-as-you-go rule. As part of the fiscal Outlays ...... 0 0 0 0 Veterans’ Affairs: established two new points of order year 2017 enforcement filing, the Sen- Budget Authority ...... ¥2 0 0 0 limiting the use of changes in manda- ate’s pay-as-you-go scorecard was reset Outlays ...... 388 0 0 0 Indian Affairs: tory programs in appropriations bills, to zero. The scorecard will reflect the Budget Authority...... 0 0 0 0 CHIMPS. Tables 5 and 6 show compli- deficit effects of legislation over the Outlays ...... 0 0 0 0 Small Business: ance with fiscal year 2016 limits for fiscal year 2016–2021 and fiscal year Budget Authority...... 0 0 0 0 overall CHIMPS and the Crime Victims 2016–2026 periods. Prior to updating the Outlays ...... 1 0 0 0 Fund CHIMP, respectively. This infor- pay-as-you-go scorecard for the new Total budget window, the scorecard showed Budget Authority ... ¥51 0 0 0 mation is used for determining points Outlays ...... 2,669 0 0 0 of order under section 3103 and section deficit reduction of $20.4 billion and 3104, respectively. Enacted CHIMPS are $95.7 billion over the fiscal year 2015– TABLE 2.—SENATE APPROPRIATIONS COMMITTEE— under both the broader CHIMPS limit, 2020 and fiscal year 2015–2025 periods, ENACTED REGULAR DISCRETIONARY APPROPRIATIONS 1 $1.3 billion less, and the Crime Victims respectively. This balance was largely Fund limit, $1.8 billion less. While the attributable to counting the offsets (Budget authority, in millions of dollars) Crime Victims Fund limit is enforced contained in BBA 15 but not the spend- 2016 only for fiscal year 2016, the overall ing, which was discretionary and sub- Security 2 Nonsecurity 2 CHIMPS limit remains in effect for fis- ject to future appropriations actions, cal year 2017 and is displayed in Table and omitting legislation from the Statutory Discretionary Limits ...... 548,091 518,491 7. scorecard that increases the deficit, for Amount Provided by Senate Appropriations Subcommittee In addition to the tables provided by instance section 1001(b) of title X of di- Agriculture, Rural Development, and Related Agencies ...... 0 21,750 the Senate Budget Committee Repub- vision O of P.L. 114–113, which kept Commerce, Justice, Science, and Re- lican staff, I am submitting additional most of revenue and direct spending lated Agencies ...... 5,101 50,621 Defense ...... 514,000 136 tables from CBO that I will use for en- provisions included in the bill from Energy and Water Development ...... 18,860 18,325 forcement of budget totals agreed to by being counted. The Senate’s pay-as- Financial Services and General Govern- ment ...... 44 23,191 the Congress. you-go rule is enforced by section 201 of Homeland Security ...... 1,705 39,250 Because legislation can still be en- S. Con. Res. 21, the fiscal year 2008 Interior, Environment, and Related Agencies ...... 0 32,159 acted that would have an effect on fis- budget resolution. Labor, Health and Human Services, cal year 2016, CBO provided a report for All years in the accompanying tables Education and Related Agencies ..... 0 162,127 Legislative Branch ...... 0 4,363 both fiscal year 2016 and fiscal year are fiscal years. Military Construction and Veterans Af- 2017. This information is used to en- I ask unanimous consent that the ac- fairs, and Related Agencies ...... 8,171 71,698 State Foreign Operations, and Related force aggregate spending levels in companying tables be printed in the Programs ...... 0 37,780 budget resolutions under section 311 of RECORD. Transportation and Housing and Urban the CBA. CBO’s estimates show that There being no objection, the mate- Development, and Related Agencies 210 57,091 current law levels of spending for fiscal rial was ordered to be printed in the Current Level Total ...... 548,091 518,491 Total Enacted Above (+) or Below year 2016 exceed the amounts in last RECORD, as follows: (¥) Statutory Limits ...... 0 0 year’s budget resolution by $138.9 bil- TABLE 1.—SENATE AUTHORIZING COMMITTEES—ENACTED 1 This table excludes spending pursuant to adjustments to the discre- lion in budget authority and $103.6 bil- ¥ tionary spending limits. These adjustments are allowed for certain purposes lion in outlays. Revenues are $155.2 bil- DIRECT SPENDING ABOVE (+) OR BELOW ( ) BUDGET in section 251(b)(2) of BBEDCA. RESOLUTIONS 2 Security spending is defined as spending in the National Defense budg- lion below the revenue floor for fiscal et function (050) and nonsecurity spending is defined as all other spending. year 2016 set by the budget resolution. (In millions of dollars) As well, Social Security outlays are at 2017– 2017– TABLE 3.—SENATE APPROPRIATIONS COMMITTEE— the levels assumed for fiscal year 2016, 2016 2017 2021 2026 ENACTED REGULAR DISCRETIONARY APPROPRIATIONS 1 (Budget authority, in millions of dollars) while Social Security revenues are $23 Agriculture, Nutrition, and For- million below levels in the budget. estry: Budget Authority...... 0 0 0 0 2017 The significant breach of aggregate Outlays ...... 0 0 0 0 spending levels in fiscal year 2016 is at- Armed Services: Security 2 Nonsecurity 2 Budget Authority ...... ¥66 0 0 0 tributable to increased spending unac- Outlays ...... ¥50 0 0 0 Statutory Discretionary Limits ...... 551,068 518,531 companied by action on any of the def- Banking, Housing, and Urban Amount Provided by Senate Appropriations Subcommittee Affairs: icit reduction assumed in the budget Budget Authority...... 0 0 0 0 Agriculture, Rural Development, and resolution. The violation of revenue Outlays ...... 0 0 0 0 Related Agencies ...... 0 9 Commerce, Science, and Commerce, Justice, Science, and Re- levels stems from the tax provisions Transportation: lated Agencies ...... 0 0 from last year’s final appropriations Budget Authority ...... 130 0 0 0 Defense ...... 45 0

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2017 2016 2017

Security 2 Nonsecurity 2 CHIMPS Limit for Fiscal Year 2016 ...... 19,100 Labor, Health and Human Services, Education and Re- lated Agencies ...... 0 Senate Appropriations Subcommittees Energy and Water Development ...... 0 0 Legislative Branch ...... 0 Financial Services and General Govern- Agriculture, Rural Development, and Related Agencies 600 Military Construction and Veterans Affairs, and Related ment ...... 0 0 Commerce, Justice, Science, and Related Agencies ...... 9,458 Agencies ...... 0 Homeland Security ...... 0 9 Defense ...... 0 State Foreign Operations, and Related Programs ...... 0 Energy and Water Development ...... 0 Transportation and Housing and Urban Development, Interior, Environment, and Related Financial Services and General Government ...... 725 and Related Agencies ...... 0 Agencies ...... 0 0 Homeland Security ...... 176 Labor, Health and Human Services, Interior, Environment, and Related Agencies ...... 28 Current Level Total ...... 0 Education and Related Agencies ..... 0 24,690 Labor, Health and Human Services, Education and Re- Total CHIMPS Above (+) or Below (-) Budget Res- Legislative Branch ...... 0 0 lated Agencies ...... 6,799 olution ...... ¥19,100 Military Construction and Veterans Af- Legislative Branch ...... 0 fairs, and Related Agencies ...... 0 60,634 Military Construction and Veterans Affairs, and Related State Foreign Operations, and Related Agencies ...... 0 U.S. CONGRESS, Programs ...... 0 0 State Foreign Operations, and Related Programs ...... 0 CONGRESSIONAL BUDGET OFFICE, Transportation and Housing and Urban Transportation and Housing and Urban Development, and Related Agencies ...... 0 Washington, DC, May 11, 2016. Development, and Related Agencies 0 4,400 Hon. MIKE ENZI, Current Level Total ...... 17,786 Chairman, Committee on the Budget, Current Level Total ...... 45 89,742 Total CHIMPS Above (+) or Below (¥) Budget Total Enacted Above (+) or Below Resolution ...... ¥1,314 U.S. Senate, Washington, DC. (¥) Statutory Limits ...... ¥551,023 ¥428,789 DEAR MR. CHAIRMAN: The enclosed report 1 This table excludes spending pursuant to adjustments to the discre- shows the effects of Congressional action on tionary spending limits. These adjustments are allowed for certain purposes TABLE 6—SENATE APPROPRIATIONS COMMITTEE—EN- the fiscal year 2016 budget and is current in section 251(b)(2) of BBEDCA. ACTED CHANGES IN MANDATORY SPENDING PROGRAM through May 9, 2016. This report is submitted 2 Security spending is defined as spending in the National Defense budg- under section 308(b) and in aid of section 311 et function (050) and nonsecurity spending is defined as all other spending. (CHIMP) TO THE CRIME VICTIMS FUND [Budget authority, millions of dollars] of the Congressional Budget Act, as amend- ed. TABLE 4.—SENATE APPROPRIATIONS COMMITTEE—EN- 2016 The estimates of budget authority, out- ACTED OVERSEAS CONTINGENCY OPERATIONS/GLOBAL lays, and revenues are consistent with the WAR ON TERRORISM DISCRETIONARY APPROPRIATIONS Crime Victims Fund (CVF) CHIMP Limit for Fiscal Year 2016 ...... 10,800 technical and economic assumptions of S. (In millions of dollars) Con. Res. 11, the Concurrent Resolution on Senate Appropriations Subcommittees the Budget for Fiscal Year 2016. 2016 Agriculture, Rural Development, and Related Agencies 0 Commerce, Justice, Science, and Related Agencies ...... 9,000 Since our last letter dated April 6, 2016, the BA OT Defense ...... 0 Congress has not cleared any legislation for Energy and Water Development ...... 0 the President’s signature that affects budget 1 Financial Services and General Government ...... 0 OCO/GWOT Allocation ...... 73,693 32,079 Homeland Security ...... 0 authority, outlays, or revenues. Amount Provided by Senate Appropriations Subcommittee Interior, Environment, and Related Agencies ...... 0 Sincerely, Labor, Health and Human Services, Education and Re- KEITH HALL. Agriculture, Rural Development, and lated Agencies ...... 0 Related Agencies ...... 0 0 Legislative Branch ...... 0 Enclosure. Commerce, Justice, Science, and Re- Military Construction and Veterans Affairs, and Related lated Agencies ...... 0 0 Agencies ...... 0 TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPEND- Defense ...... 58,638 27,354 State Foreign Operations, and Related Programs ...... 0 Energy and Water Development ...... 0 0 Transportation and Housing and Urban Development, ING AND REVENUES FOR FISCAL YEAR 2016, AS OF Financial Services and General Govern- and Related Agencies ...... 0 MAY 9, 2016 ment ...... 0 0 Current Level Total ...... 9,000 (In billions of dollars) Homeland Security ...... 160 128 Total CVF CHIMP Above (+) or Below (¥) Budget Interior, Environment, and Related Resolution ...... ¥1,800 Agencies ...... 0 0 Current Labor, Health and Human Services, Level Budget Current Over/Under Education and Related Agencies ..... 0 0 a TABLE 7—SENATE APPROPRIATIONS COMMITTEE—EN- Resolution Level (¥) Legislative Branch ...... 0 0 Resolution Military Construction and Veterans Af- ACTED CHANGES IN MANDATORY SPENDING PROGRAMS fairs, and Related Agencies ...... 0 0 (CHIMPS) On-Budget: State Foreign Operations, and Related [Budget authority, millions of dollars] Budget Authority ...... 3,069.8 3,208.7 138.9 Programs ...... 14,895 4,597 Outlays ...... 3,091.2 3,194.9 103.6 Transportation and Housing and Urban Revenues ...... 2,676.0 2,520.7 ¥155.2 Development, and Related Agencies 0 0 2017 Off-Budget: Social Security Outlays b 777.1 777.1 0.0 Current Level Total ...... 73,693 32,079 CHIMPS Limit for Fiscal Year 2017 ...... 19,100 Social Security Revenues 794.0 794.0 0.0 Total OCO/GWOT Spending vs. Senate Appropriations Subcommittees Budget Resolution ...... 0 0 Source: Congressional Budget Office. Agriculture, Rural Development, and Related Agencies 0 a Excludes emergency funding that was not designated as an emergency BA = Budget Authority; OT = Outlays Commerce, Justice, Science, and Related Agencies ...... 0 requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Defense ...... 0 1 This allocation may be adjusted by the Chairman of the Budget Com- Emergency Deficit Control Act of 1985. Energy and Water Development ...... 0 b Excludes administrative expenses paid from the Federal Old-Age and mittee to account for new information, pursuant to section 3102 of S. Con. Financial Services and General Government ...... 0 Res. 11, the Concurrent Resolution of the Budget for Fiscal Year 2016. Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Homeland Security ...... 0 Fund of the Social Security Administration, which are off-budget, but are Interior, Environment, and Related Agencies ...... 0 appropriated annually. TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2016, AS OF MAY 9, 2016 (In millions of dollars)

Budget Authority Outlays Revenues

Previously Enacted: a Revenues ...... n.a. n.a. 2,676,733 Permanents and other spending legislation ...... 1,968,496 1,902,345 n.a. Appropriation legislation ...... 0 500,825 n.a. Offsetting receipts ...... ¥784,820 ¥784,879 n.a. Total, Previously Enacted ...... 1,183,676 1,618,291 2,676,733 Enacted Legislation: An act to extend the authorization to carry out the replacement of the existing medical center of the Department of Veterans Affairs in Denver, Colorado, to authorize transfers of amounts to carry out the replacement of such medical center, and for other purposes (P.L. 114–25) ...... 0 20 0 Defending Public Safety Employees’ Retirement Act & Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (P.L. 114–26) ...... 0 0 5 Trade Preferences Extension Act of 2015 (P.L. 114–27) ...... 445 175 ¥766 Steve Gleason Act of 2015 (P.L. 114–40) ...... 5 5 0 Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114–41) b ...... 0 0 99 Continuing Appropriations Act, 2016 (P.L. 114–53) ...... 700 775 0 Airport and Airway Extension Act of 2015 (P.L. 114–55) ...... 130 0 0 Department of Veterans Affairs Expiring Authorities Act of 2015 (P.L. 114–58) ...... ¥2 368 0 Protecting Affordable Coverage for Employees Act (P.L. 114–60) ...... 0 0 40 Bipartisan Budget Act of 2015 (P.L. 114–74) ...... 3,424 4,870 269 Recovery Improvements for Small Entities After Disaster Act of 2015 (P.L. 114–88) ...... 0 1 0 National Defense Authorization Act for Fiscal Year 2016 (P.L. 114–92) ...... ¥66 ¥50 0

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Budget Authority Outlays Revenues

Fixing America’s Surface Transportation Act (P.L. 114–94) ...... 2,880 252 471 Federal Perkins Loan Program Extension Act of 2015 (P.L. 114–105) ...... 269 269 0 Consolidated Appropriations Act, 2016 (P.L. 114–113)b ...... 2,008,016 1,563,177 ¥156,107 Patient Access and Medicare Protection Act (P.L. 114–115) ...... 32 32 0 Trade Facilitation and Trade Enforcement Act of 2015 (P.L. 114–125) ...... 20 20 ¥7 Total, Enacted Legislation ...... 2,015,853 1,569,914 ¥155,996 Entitlements and Mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... 9,170 6,674 0 Total Current Levelc ...... 3,208,699 3,194,879 2,520,737 Total Senate Resolutiond ...... 3,069,829 3,091,246 2,675,967 Current Level Over Senate Resolution ...... 138,870 103,633 n.a. Current Level Under Senate Resolution ...... n.a. n.a. 155,230 Source: Congressional Budget Office. Notes: n.a. = not applicable; P.L. = Public Law. a Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during this session, but before the adoption of S. Con. Res. 11, the Concurrent Resolution on the Budget for Fiscal Year 2016: the Terrorism Risk Insurance Program Reauthorization Act of 2014 (P.L. 114–1); the Department of Homeland Security Appropriations Act, 2015 (P.L. 114–4), and the Medicare Access and CHIP Reauthorization Act of 2015 (P.L. 114– 10). b Emergency funding that was not designated as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall not count for certain budgetary enforcement pur- poses. These amounts, which are not included in the current level totals, are as follows: Budget Authority Outlays Revenues

Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114–41) ...... 0 917 0 Consolidated Appropriations Act, 2016 (P.L. 114–113) ...... ¥2 0 0 Total ...... ¥2 917 0

c For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the resolution, as approved by the Senate, does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level does not include these items. d Periodically, the Senate Committee on the Budget revises the budgetary levels in S. Con. Res. 11 , pursuant to various provisions of the resolution. The Initial Senate Resolution total below excludes $6,872 million in budget authority and $344 million in outlays assumed in S. Con. Res. 11 for disaster-related spending. The Revised Senate Resolution total below includes amounts for disaster-related spending: Budget Authority Outlays Revenues

Initial Senate Resolution ...... 3,032,343 3,091,098 2,676,733 Revisions: Pursuant to section 311 of the Congressional Budget Act of 1974 and section 4311 of S. Con. Res. 11 ...... 445 175 ¥766 Pursuant to section 311 of the Congressional Budget Act of 1974 and S. Con. Res. 11 ...... 700 700 0 Pursuant to section 311 of the Congressional Budget Act of 1974 and S. Con. Res. 11 ...... 0 1 0 Pursuant to section 311 of the Congressional Budget Act of 1974 and section 4313 of S. Con. Res. 11 ...... 269 269 0 Pursuant to section 311 of the Congressional Budget Act of 1974 and section 3404 of S. Con. Res. 11 ...... 36,072 ¥997 0 Revised Senate Resolution ...... 3,069,829 3,091,246 2,675,967

U.S. CONGRESS, Bipartisan Budget Act of 2015 (Public Law TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPEND- CONGRESSIONAL BUDGET OFFICE, 114–74). ING AND REVENUES FOR FISCAL YEAR 2017, AS OF Washington, DC, May 11, 2016. This is CBO’s first current level report for MAY 9, 2016—Continued Hon. MIKE ENZI, fiscal year 2017. (In billions of dollars) Chairman, Committee on the Budget, Sincerely, U.S. Senate, Washington, DC. KEITH HALL. Enclosure. Current DEAR MR. CHAIRMAN: The enclosed report Level Budget Current Over/Under shows the effects of Congressional action on TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPEND- Resolution Level (¥) the fiscal year 2017 budget and is current ING AND REVENUES FOR FISCAL YEAR 2017, AS OF Resolution through May 9, 2016. This report is submitted MAY 9, 2016 Outlays ...... 3,219.2 2,626.8 ¥592.4 under section 308(b) and in aid of section 311 (In billions of dollars) Revenues ...... 2,682.0 2,682.0 0.0 of the Congressional Budget Act, as amend- Off-Budget Social Security Outlays a ed. Current 805.4 805.4 0.0 Level Social Security Revenues 826.1 826.1 0.0 The estimates of budget authority, out- Budget Current Over/Under lays, and revenues are consistent with the Resolution Level (¥) Source: Congressional Budget Office. Resolution a Excludes administrative expenses paid from the Federal Old-Age and allocations, aggregates, and other budgetary Survivors Insurance Trust Fund and the Federal Disability Insurance Trust levels printed in the Congressional Record on On-Budget Fund of the Social Security Administration, which are off-budget, but are April 18, 2016, pursuant to section 102 of the Budget Authority ...... 3,212.4 2,238.0 ¥974.3 appropriated annually. TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2017, AS OF MAY 9, 2016 (In millions of dollars)

Budget Authority Outlays Revenues

Previously Enacted Revenues ...... n.a. n.a. 2,681,976 Permanents and other spending legislation ...... 2,054,886 1,960,659 n.a. Appropriation legislation ...... 0 504,803 n.a. Offsetting receipts ...... ¥834,250 ¥834,301 n.a. Total, Previously Enacted ...... 1,220,636 1,631,161 2,681,976 Entitlements and Mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... 1,017,381 995,610 0 Total Current Level a ...... 2,238,017 2,626,771 2,681,976 Total Senate Resolution ...... 3,212,350 3,219,191 2,681,976 Current Level Over Senate Resolution ...... n.a. n.a. n.a. Current Level Under Senate Resolution ...... 974,333 592,420 n.a. Memorandum: Revenues, 2017–2026: Senate Current Level ...... n.a. n.a. 32,350,752 Senate Resolution ...... n.a. n.a. 32,350,752 Current Level Over Senate Resolution ...... n.a. n.a. n.a. Current Level Under Senate Resolution ...... n.a. n.a. n.a. Source: Congressional Budget Office. Notes: n.a. = not applicable; P.L. = Public Law. a For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the budget resolution does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level does not include these items.

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2016–2021 2016–2026

Beginning Balance a ...... 0 0 Enacted Legislation: b/c/d Breast Cancer Awareness Commemorative Coin Act (P.L. 114–148) e ...... 0 0 Protect and Preserve International Cultural Property Act (P.L. 114–151) ...... * * Defend Trade Secrets Act of 2016 (S. 1890) ...... * * Current Balance ...... 0 0 2016–2021 2016–2026

Memorandum: Changes to Revenues ...... 0 0 Changes to Outlays ...... 0 0 Source: Congressional Budget Office. Notes: n.e. = not able to estimate; P.L. = Public Law. * = between ¥$500,000 and $500,000. a Pursuant to the statement printed in the Congressional Record on April 18, 2016, the Senate Pay-As-You-Go Scorecard was reset to zero. b The amounts shown represent the estimated impact of the public laws on the deficit. Negative numbers indicate an increase in the deficit; positive numbers indicate a decrease in the deficit. c Excludes off-budget amounts. d Excludes amounts designated as emergency requirements. e P.L. 114–148 will cause a decrease in spending of $7 million in 2018 and an increase in spending of $7 million in 2020 for a net impact of zero over the six-year and eleven-year periods.

OLDER AMERICANS ACT ADDITIONAL STATEMENTS Arkansas Air National Guard. By vir- REAUTHORIZATION ACT OF 2016 tue of this latest achievement in her impressive and distinguished career, Mr. GARDNER. Mr. President, we TRIBUTE TO BRIGADIER GENERAL she serves as role model for many, in- wish to highlight an issue of impor- TAMHRA HUTCHINS-FRYE cluding the young women in our Armed tance to Colorado and its community ∑ Mr. BOOZMAN. Mr. President, today Forces, of how hard work and profes- of senior citizens. Earlier this month, I wish to congratulate Tamhra Hutch- sionalism can lead to historic and Congress passed the Older Americans ins-Frye on her recent promotion to ground-breaking achievements. Act Reauthorization Act of 2016 and brigadier general in the Arkansas Air I offer my sincere congratulations to sent it to the President for his signa- National Guard. BG Tamhra Hutchins-Frye on this mo- ture. This reauthorization ensures that Brigadier General Hutchins-Frye was mentous occasion, and I applaud her a wide range of social and nutritional born in Bakersfield, CA, and entered continued commitment and dedication services directed to assist senior citi- the Air National Guard in November to our Nation’s readiness. I know she zens is not disrupted. While the reau- 1984 as an airman first class. She re- will continue to make Arkansas proud thorization improves the status quo for ceived her commission in August 1989 in this new chapter of her career.∑ the State of Colorado, we continue to through the Academy of Military have concerns about the dispropor- Science in Knoxville, TN, and has held f tionate level of funding going to our various assignments in the 188th Fight- RECOGNIZING THE BENTONVILLE State in comparison to the rest of the er Wing in Fort Smith, AR, the 189th POLICE DEPARTMENT country. Airlift Wing at the Little Rock Air Force Base, and Arkansas Air National ∑ Mr. BOOZMAN. Mr. President, Mr. BENNET. I agree with my col- Guard and Joint Force Headquarters at today I wish to celebrate the 100th an- league from Colorado. In an attempt to Camp Robinson in North Little Rock. niversary of the Bentonville Police De- protect certain States with guaranteed She was deployed to Kabul, Afghani- partment, which was established on funding levels, in 2006 Congress stan, in support of Operation Enduring May 9, 1916, when community leaders changed the Older Americans Act fund- Freedom as the chief of staff of the adopted an ordinance to create the Of- ing formula to ensure States received a North Atlantic Treaty Organization’s fice of Watch to protect its 2,000 citi- guaranteed funding level based on sen- Afghanistan Transformation Task zens. ior populations. Due to Colorado’s Force and then the Headquarters Inter- As the community grew, so did the growing senior population and this pro- national Security Assistance Force, need to increase police personnel. In vision from 2006, Colorado saw massive where she helped lead the trans- 1951, community leaders approved ex- cuts during sequestration, when other formation of the Government of the Is- panding the department by adding a States did not. lamic Republic of Afghanistan as it chief of police, two patrolmen, and the Mr. GARDNER. Instead of allowing transitioned to self-rule. first patrol car. A lot has changed with the funding to go to States with grow- Tamhra earned a bachelor of science the Bentonville Police Department in ing senior populations, the hold-harm- in elementary education from Arkan- the last century. Today there are 99 less funding formula in the current re- sas Tech University in 1983 and a mas- men and women in the police depart- authorization continues the dispropor- ter of arts in human resource manage- ment providing services that extend be- tionate trend by preventing funding in ment from Webster University in 2012. yond the description of the 1916 depart- States with lower senior populations She has also completed numerous ment, and they are doing things only from going to States with growing lev- trainings and programs during her imagined at that time. els of senior citizens. While we are sup- time in the Air National Guard. The talents and abilities of the men portive of the services provided by the As a dedicated member of the Air Na- and women serving in today’s depart- Older Americans Act, Congress’s pri- tional Guard, Hutchins-Frye has been ment are put to good use to protect the ority should be ensuring the stability awarded the Legion of Merit and a 44,000 Bentonville residents. They work of the programs that millions of sen- Bronze Star. She is also an active tirelessly to ensure the public is safe as iors around the country depend upon. member of her community and takes a members of investigative units, foren- proactive role in giving back and in- sic analysis teams, K9 teams, a bomb Mr. BENNET. We believe that, mov- vesting in the lives of others as dis- squad, a bicycle team, a SWAT team, ing forward, it is imperative that steps played by her roles as cochairman of and a crisis negotiations team. Their are taken in future reauthorizations to the Women’s Foundation of Arkansas’s commitment to the community is ex- safeguard services for all seniors re- Girls of Promise and as a member of emplified by the numerous programs gardless of their State of residence. It the board of directors of Heart of Ar- and outreach efforts they offer to the is our hope that as Congress continues kansas United Way, among other types people of Bentonville. to address issues that are important to of service. The wide range of calls members of all senior citizens, we find a path for- It is also important to note that the Bentonville Police Department re- ward to address the issue we have Brigadier General Hutchins-Frye is the spond to shows the need for prepara- raised here today. first woman to obtain this rank in the tion and training. These officers are

VerDate Sep 11 2014 06:25 May 12, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MY6.040 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 11, 2016 CONGRESSIONAL RECORD — SENATE S2705 among the most visible public servants tion that serves the many immigrant extraterritorial drug trafficking activity, and risk their lives to protect the com- and refugee communities that come to and for other purposes. munity. Oregon seeking a new and better life. S. 125. An act to amend title I of the Omni- I offer my congratulations on this Since its founding in 1976, IRCO has bus Crime Control and Safe Streets Act of 1968 to extend the authorization of the Bul- milestone and thank Bentonville Po- been helping individuals and families letproof Vest Partnership Grant Program lice Chief Jon Simpson and the officers who come to the United States with through fiscal year 2020, and for other pur- and staff who serve and protect the few resources and little support. Estab- poses. citizens of Bentonville for their service lished by refugees, for refugees, the or- S. 2755. An act to provide Capitol-flown to the community. They have made ganization has a long track record of flags to the immediate family of firefighters, Bentonville one of the safest commu- providing vital housing, healthcare, law enforcement officers, members of rescue nities in Arkansas and in the United and employment services. IRCO staff squads or ambulance crews, and public safety States.∑ offer peer-to-peer assistance and cul- officers who are killed in the line of duty. f turally specific services through pro- The message further announced that grams like the Asian Family Center the House has passed the following TRIBUTE TO AL RANKINS, SENIOR and Africa House. IRCO served more bills, in which it requests the concur- ∑ Mr. COCHRAN. Mr. President, I am than 28,000 people in 2015 alone, helping rence of the Senate: pleased to commend Al Rankins, Sr., of these new Oregonians integrate into H.R. 2137. An act to ensure Federal law en- Greenville, MS, for his service and con- communities across our State while forcement officers remain able to ensure tributions to the State of Mississippi maintaining an important connection their own safety, and the safety of their fam- while serving as the 80th president of to their rich heritage and traditions. ilies, during a covered furlough. the Delta Council. Since its founding in Beyond offering immediate support H.R. 3209. An act to amend the Internal Revenue Code of 1986 to permit the disclo- 1935, this important organization has for those starting a life in the United grown into a widely respected eco- sure of certain tax return information for States, IRCO has also become an advo- the purpose of missing or exploited children nomic development collaborative rep- cacy arm for Oregon’s immigrants and investigations. resenting the business, professional, refugees. Its leadership development H.R. 4063. An act to improve the use by the and agricultural interests of the Mis- programs have graduated many indi- Secretary of Veterans Affairs of opioids in sissippi Delta region. I am grateful to viduals who have worked with key de- treating veterans, and for other purposes. Delta Council for its continuous role in cisionmakers to pursue change in Or- H.R. 4957. An act to designate the Federal meeting the economic and quality of egon and beyond. building located at 99 New York Avenue, life challenges in this unique part of As many in this Chamber know, I am N.E., in the District of Columbia as the ‘‘Ariel Rios Federal Building’’. our country. the son of immigrants who fled Nazi Al Rankins’ tenure as council presi- H.R. 4985. An act to amend the Foreign Germany to avoid persecution. The act Narcotics Kingpin Designation Act to pro- dent began in May 2015, and he has of helping immigrants and refugees re- tect classified information in Federal court been a notably strong advocate for the settle, to become contributing Ameri- challenges. Delta Council’s role in water resources cans, is close to my heart. I know first- H.R. 5048. An act to require a study by the development. His effective leadership hand how this country thrives by har- Comptroller General of the United States on on flood control issues affecting the al- nessing the ideas, energy, and hard Good Samaritan laws that pertain to treat- luvial floodplain has served the area work of those who come to our shores— ment of opioid overdoses, and for other pur- poses. well. His former service as a local pub- in fact, I stand here today as the proof. lic official has provided him a unique H.R. 5052. An act to direct the Attorney That is why I will continue to do what General and the Secretary of Health and perspective on the needs of proper ac- I can to support organizations, like Human Services to evaluate the effective- cess to healthcare, workforce readi- IRCO, working day-in and day-out to ness of grant programs that provide grants ness, educational progress, and impor- ensure everyone gets a fair shot at suc- for the primary purpose of providing assist- tant matters related to transportation cess. ance in addressing problems pertaining to infrastructure in this rural, predomi- I conclude by congratulating IRCO opioid abuse, and for other purposes. nantly agricultural region. on 40 years of tremendous service and A native of Washington County, MS, by wishing all of its staff, volunteers, f Mr. Rankins graduated from Simmons and partners continued success in the High School in Hollandale, MS, and years to come.∑ MEASURES REFERRED later received a bachelor’s degree in f criminal justice from Mississippi Val- The following bills were read the first ley State University. Prior to his con- MESSAGES FROM THE PRESIDENT and the second times by unanimous consent, and referred as indicated: tributions as president of Delta Coun- Messages from the President of the cil, Mr. Rankins served his community United States were communicated to H.R. 3209. An act to amend the Internal as a law enforcement officer, an elected the Senate by Mr. Pate, one of his sec- Revenue Code of 1986 to permit the disclo- county official, past president of 100 sure of certain tax return information for retaries. the purpose of missing or exploited children Black Men of the Mississippi Delta, and f investigations; to the Committee on Fi- active participant in the local Boys EXECUTIVE MESSAGES REFERRED nance. and Girls Club. Mr. Rankins’ dedica- H.R. 4063. An act to improve the use by the tion to the future of the delta and all As in executive session the Presiding Secretary of Veterans Affairs of opioids in of those who live there is laudable. I Officer laid before the Senate messages treating veterans, and for other purposes; to am pleased to join the people of my from the President of the United the Committee on Veterans’ Affairs. State in commending Al Rankins and States submitting sundry nominations H.R. 4985. An act to amend the Foreign sharing our appreciation with his wife, and a withdrawal which were referred Narcotics Kingpin Designation Act to pro- tect classified information in Federal court Mary, and their children, CeCelia, Al- to the appropriate committees. challenges; to the Committee on the Judici- fred, Jr., Ansel, and Anthony, as the (The messages received today are ary. 81st annual meeting of the Delta Coun- printed at the end of the Senate H.R. 5048. An act to require a study by the cil organizational membership proceedings.) Comptroller General of the United States on convenes.∑ f Good Samaritan laws that pertain to treat- f ment of opioid overdoses, and for other pur- MESSAGE FROM THE HOUSE poses; to the Committee on the Judiciary. 40TH ANNIVERSARY OF THE IMMI- At 11:30 a.m., a message from the H.R. 5052. An act to direct the Attorney GRANT AND REFUGEE COMMU- House of Representatives, delivered by General and the Secretary of Health and NITY ORGANIZATION Mrs. Cole, one of its reading clerks, an- Human Services to evaluate the effective- ∑ ness of grant programs that provide grants Mr. WYDEN. Mr. President, this year nounced that the House has passed the for the primary purpose of providing assist- marks the 40th anniversary of the Im- following bills, without amendment: ance in addressing problems pertaining to migrant and Refugee Community Orga- S. 32. An act to provide the Department of opioid abuse, and for other purposes; to the nization, IRCO, a nonprofit organiza- Justice with additional tools to target Committee on the Judiciary.

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G11MY6.045 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2706 CONGRESSIONAL RECORD — SENATE May 11, 2016 EXECUTIVE AND OTHER Senate on May 5, 2016; to the Committee on EC–5375. A communication from the Sec- COMMUNICATIONS Armed Services. retary of the Treasury, transmitting, pursu- EC–5367. A communication from the Direc- ant to law, a six-month periodic report on The following communications were tor of Defense Procurement and Acquisition the national emergency with respect to the laid before the Senate, together with Policy, Department of Defense, transmit- situation in or in relation to the Democratic accompanying papers, reports, and doc- ting, pursuant to law, the report of a rule en- Republic of the Congo that was declared in uments, and were referred as indicated: titled ‘‘Defense Federal Acquisition Regula- Executive Order 13413 of October 27, 2006; to the Committee on Banking, Housing, and EC–5359. A communication from the Sec- tion Supplement: Multiyear Contract Re- Urban Affairs. retary of the Senate, transmitting, pursuant quirements’’ ((RIN0750–AI80) (DFARS Case 2015–D009)) received during adjournment of EC–5376. A communication from the Sec- to law, the report of the receipts and expend- retary of the Treasury, transmitting, pursu- itures of the Senate for the period from Oc- the Senate in the Office of the President of the Senate on May 5, 2016; to the Committee ant to law, a report relative to operation of tober 1, 2015 through March 31, 2016, received the Exchange Stabilization Fund (ESF) for in the Office of the President of the Senate on Armed Services. EC–5368. A communication from the Direc- fiscal year 2015; to the Committee on Bank- on May 11, 2016; ordered to lie on the table. tor of Defense Procurement and Acquisition ing, Housing, and Urban Affairs. EC–5360. A communication from the Direc- Policy, Department of Defense, transmit- EC–5377. A communication from the Sec- tor of the Regulatory Management Division, ting, pursuant to law, the report of a rule en- retary of Commerce, transmitting, pursuant Environmental Protection Agency, transmit- titled ‘‘Defense Federal Acquisition Regula- to law, a report relative to the export to the ting, pursuant to law, the report of a rule en- tion Supplement: Disclosure to Litigation People’s Republic of China of items not det- titled ‘‘Butanedioic acid, 2-sulfo-, C-C9-11- Support Contractors’’ ((RIN0750–AH54) rimental to the U.S. space launch industry; isoalkyl esters, C10-rich, disodium salts; Ex- to the Committee on Banking, Housing, and (DFARS Case 2012–D029)) received during ad- emption from the Requirement of a Toler- Urban Affairs. journment of the Senate in the Office of the ance’’ (FRL No. 9945–58–OCSPP) received EC–5378. A communication from the Assist- President of the Senate on May 5, 2016; to the during adjournment of the Senate in the Of- ant General Counsel for Legislation, Regula- Committee on Armed Services. tion and Energy Efficiency, Office of Energy fice of the President of the Senate on May 5, EC–5369. A communication from the Direc- 2016; to the Committee on Agriculture, Nu- Efficiency and Renewable Energy, Depart- tor of Defense Procurement and Acquisition ment of Energy, transmitting, pursuant to trition, and Forestry. Policy, Department of Defense, transmit- EC–5361. A communication from the Direc- law, the report of a rule entitled ‘‘Establish- ting, pursuant to law, the report of a rule en- ment of Procedures for Requests for Correc- tor of the Regulatory Management Division, titled ‘‘Defense Federal Acquisition Regula- Environmental Protection Agency, transmit- tion of Errors in Rules’’ (RIN1904–AD63) re- tion Supplement: Contract Term Limit for ceived during adjournment of the Senate in ting, pursuant to law, the report of a rule en- Energy Savings Contracts’’ ((RIN0750–AI74) titled ‘‘Clethodim; Pesticide Tolerances’’ the Office of the President of the Senate on (DFARS Case 2015–D018)) received during ad- May 5, 2016; to the Committee on Energy and (FRL No. 9945–68–OCSPP) received during ad- journment of the Senate in the Office of the journment of the Senate in the Office of the Natural Resources. President of the Senate on May 5, 2016; to the EC–5379. A communication from the Prin- President of the Senate on May 5, 2016; to the Committee on Armed Services. cipal Deputy Assistant Secretary for Fish Committee on Agriculture, Nutrition, and EC–5370. A communication from the Assist- and Wildlife and Parks, Fish and Wildlife Forestry. ant Secretary of Defense (Personnel and Service, Department of the Interior, trans- EC–5362. A communication from the Direc- Readiness), transmitting, pursuant to law, a mitting, pursuant to law, the report of a rule tor of the Regulatory Management Division, report entitled ‘‘Report Specifying for Each entitled ‘‘Refuge-Specific Regulations; Pub- Environmental Protection Agency, transmit- Reserve Component The Additional Items of lic Use; Kenai National Wildlife Refuge’’ ting, pursuant to law, the report of a rule en- Equipment That Would be Procured, and the (RIN1018–AX56) received during adjournment titled ‘‘Fluxapyroxad; Pesticide Tolerances’’ Additional Military Construction Projects of the Senate in the Office of the President (FRL No. 9945–48–OCSPP) received during ad- That Would be Carried Out When the Aggre- of the Senate on May 3, 2016; to the Com- journment of the Senate in the Office of the gate Amounts Identified For Reserve Compo- mittee on Energy and Natural Resources. President of the Senate on May 5, 2016; to the nent Equipment And Construction In The EC–5380. A communication from the Direc- Committee on Agriculture, Nutrition, and Future-Years Defense Program Is Less Than tor of the Regulatory Management Division, Forestry. An Amount Equal To 90 Percent Of The Av- Environmental Protection Agency, transmit- EC–5363. A communication from the Ad- erage Authorized Amount For These Re- ting, pursuant to law, the report of a rule en- ministrator of the Specialty Crops Program, quirements In The Preceding Two Fiscal titled ‘‘Technical Amendments to Perform- Agricultural Marketing Service, Department Years’’ ; to the Committee on Armed Serv- ance Specification 18 and Procedure 6’’ of Agriculture, transmitting, pursuant to ices. ((RIN2060–AS86) (FRL No. 9944–26–OAR)) re- law, the report of a rule entitled ‘‘Grapes EC–5371. A communication from the Sec- ceived during adjournment of the Senate in Grown in a Designated Area of Southeastern retary of Energy, transmitting, pursuant to the Office of the President of the Senate on California and Imported Table Grapes; Revi- law, a report concerning operations at the May 5, 2016; to the Committee on Environ- sions to the Administrative Rules and Regu- Naval Petroleum Reserves for fiscal year ment and Public Works. lations for Shipments to Charitable Organi- 2015; to the Committee on Armed Services. EC–5381. A communication from the Direc- zations’’ (Docket No. AMS–FV–14–0100) re- EC–5372. A communication from the Sec- tor of the Regulatory Management Division, ceived during adjournment of the Senate in retary, Division of Corporation Finance, Se- Environmental Protection Agency, transmit- the Office of the President of the Senate on curities and Exchange Commission, trans- ting, pursuant to law, the report of a rule en- May 4, 2016; to the Committee on Agri- mitting, pursuant to law, the report of a rule titled ‘‘Revision to the Research, Develop- culture, Nutrition, and Forestry. entitled ‘‘Changes to Exchange Act Registra- ment and Demonstration Permits Rule for EC–5364. A communication from the Under tion Requirements to Implement Title V and Municipal Solid Waste Landfills’’ ((RIN2050– AG75) (FRL No. 9943–87–OLEM)) received dur- Secretary of Defense (Acquisition, Tech- Title VI of the JOBS Act’’ (RIN3235–AL40) re- ing adjournment of the Senate in the Office nology and Logistics), transmitting, pursu- ceived during adjournment of the Senate in of the President of the Senate on May 5, 2016; ant to law, a report entitled ‘‘Report to Con- the Office of the President of the Senate on to the Committee on Environment and Pub- gress on Corrosion Policy and Oversight May 4, 2016; to the Committee on Banking, Budget Materials’’; to the Committee on lic Works. Housing, and Urban Affairs. EC–5382. A communication from the Direc- Armed Services. EC–5373. A communication from the Presi- tor of the Regulatory Management Division, EC–5365. A communication from the Direc- dent of the United States, transmitting, pur- Environmental Protection Agency, transmit- tor of Defense Procurement and Acquisition suant to law, a report on the continuation of ting, pursuant to law, the report of a rule en- Policy, Department of Defense, transmit- the national emergency that was originally titled ‘‘Designation of Areas for Air Quality ting, pursuant to law, the report of a rule en- declared in Executive Order 13338 of May 11, Planning Purposes; Redesignation Request titled ‘‘Defense Federal Acquisition Regula- 2004, with respect to the blocking of property and Associated Maintenance Plan for Bil- tion Supplement: Long-Haul Telecommuni- of certain persons and prohibition of expor- lings, MT 2010 SO2 Nonattainment Area’’ cations’’ ((RIN0750–AI72) (DFARS Case 2015– tation and re-exportation of certain goods to (FRL No. 9945–64–Region 8) received during D023)) received during adjournment of the Syria; to the Committee on Banking, Hous- adjournment of the Senate in the Office of Senate in the Office of the President of the ing, and Urban Affairs. the President of the Senate on May 5, 2016; to Senate on May 5, 2016; to the Committee on EC–5374. A communication from the Chief the Committee on Environment and Public Armed Services. Counsel, Federal Emergency Management Works. EC–5366. A communication from the Direc- Agency, Department of Homeland Security, EC–5383. A communication from the Direc- tor of Defense Procurement and Acquisition transmitting, pursuant to law, the report of tor of the Regulatory Management Division, Policy, Department of Defense, transmit- a rule entitled ‘‘Suspension of Community Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- Eligibility’’ ((44 CFR Part 64) (Docket No. ting, pursuant to law, the report of a rule en- titled ‘‘Defense Federal Acquisition Regula- FEMA–2016–0002)) received during adjourn- titled ‘‘Approval and Promulgation of Imple- tion Supplement: Duty-Free Entry Thresh- ment of the Senate in the Office of the Presi- mentation Plans; Idaho; Interstate Trans- old’’ ((RIN0750–AI76) (DFARS Case 2015– dent of the Senate on May 4, 2016; to the port Requirements for the 2010 Nitrogen Di- D036)) received during adjournment of the Committee on Banking, Housing, and Urban oxide National Ambient Air Quality Stand- Senate in the Office of the President of the Affairs. ards’’ (FRL No. 9946–00–Region 10) received

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MY6.020 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 11, 2016 CONGRESSIONAL RECORD — SENATE S2707 during adjournment of the Senate in the Of- Treasury, transmitting, pursuant to law, the a rule entitled ‘‘Standard Preparations, Lim- fice of the President of the Senate on May 5, report of a rule entitled ‘‘Section 6708 Fail- its of Potency, and Dating Period Limita- 2016; to the Committee on Environment and ure to Maintain List of Advisees With Re- tions for Biological Products’’ (Docket No. Public Works. spect to Reportable Transactions’’ ((RIN1545– FDA–2016–N–1170) received in the Office of EC–5384. A communication from the Direc- BF39) (TD 9764)) received during adjourn- the President of the Senate on May 9, 2016; to tor of the Regulatory Management Division, ment of the Senate in the Office of the Presi- the Committee on Health, Education, Labor, Environmental Protection Agency, transmit- dent of the Senate on May 2, 2016; to the and Pensions. ting, pursuant to law, the report of a rule en- Committee on Finance. EC–5401. A communication from the Regu- titled ‘‘Air Plan Approval; Indiana; Commis- EC–5393. A communication from the Assist- lations Coordinator, Administration for sioner’s Orders for A. B. Brown and Clifty ant Secretary, Legislative Affairs, Depart- Community Living, Department of Health Creek’’ (FRL No. 9946–08–Region 5) received ment of State, transmitting, pursuant to and Human Services, transmitting, pursuant during adjournment of the Senate in the Of- law, two reports relative to the Treaty Be- to law, the report of a rule entitled ‘‘Na- fice of the President of the Senate on May 5, tween the United States of America and the tional Institute on Disability, Independent 2016; to the Committee on Environment and Russian Federation on Measures for the Fur- Living, and Rehabilitation Research’’ Public Works. ther Reduction and Limitation of Strategic (RIN0985–AA12) received in the Office of the EC–5385. A communication from the Assist- Offensive Arms (the New START Treaty) President of the Senate on May 10, 2016; to ant Secretary of the Army (Civil Works), (OSS–2016–0098); to the Committee on For- the Committee on Health, Education, Labor, transmitting, pursuant to law, an annual re- eign Relations. and Pensions. port on civil works activities for fiscal year EC–5394. A communication from the Prin- EC–5402. A communication from the Regu- 2012; to the Committee on Environment and cipal Deputy Assistant Secretary, Bureau of lations Coordinator, Centers for Medicare Public Works. Political-Military Affairs, Department of and Medicaid Services, Department of EC–5386. A communication from the Chief State, transmitting, pursuant to law, an ad- Health and Human Services, transmitting, of the Publications and Regulations Branch, dendum to a certification, of the proposed pursuant to law, the report of a rule entitled Internal Revenue Service, Department of the sale or export of defense articles and/or de- ‘‘Patient Protection and Affordable Care Treasury, transmitting, pursuant to law, the fense services to a Middle East country re- Act; Amendments to Special Enrollment Pe- report of a rule entitled ‘‘Suspension of Ben- garding any possible affects such a sale riods and the Consumer Operated and Ori- efits Under the Multiemployer Pension Re- might have relating to Israel’s Qualitative ented Plan Programs’’ (RIN0938–AS87) re- form Act of 2014’’ ((RIN1545–BM66 and Military Edge over military threats to Israel ceived in the Office of the President of the RIN1545–BM86) (TD 9765)) received during ad- (OSS–2016–0712); to the Committee on For- Senate on May 10, 2016; to the Committee on journment of the Senate in the Office of the eign Relations. Health, Education, Labor, and Pensions. President of the Senate on May 2, 2016; to the EC–5395. A communication from the Prin- EC–5403. A communication from the Assist- Committee on Finance. cipal Deputy Assistant Secretary, Bureau of ant Secretary for Legislation, Department of EC–5387. A communication from the Regu- Political-Military Affairs, Department of Health and Human Services, transmitting, lations Coordinator, Centers for Medicare State, transmitting, pursuant to law, an ad- pursuant to law, a report entitled ‘‘2015 Na- and Medicaid Services, Department of dendum to a certification, of the proposed tional Healthcare Quality and Disparities Health and Human Services, transmitting, sale or export of defense articles and/or de- Report’’; to the Committee on Health, Edu- pursuant to law, the report of a rule entitled fense services to a Middle East country re- cation, Labor, and Pensions. EC–5404. A communication from the Assist- ‘‘Medicare and Medicaid Programs; Fire garding any possible affects such a sale ant Secretary for Legislation, Department of Safety Requirements for Certain Health Care might have relating to Israel’s Qualitative Health and Human Services, transmitting, Facilities’’ ((RIN0938–AR72) (CMS–3277-F)) Military Edge over military threats to Israel pursuant to law, reports entitled ‘‘Commu- received during adjournment of the Senate (OSS–2016–0713); to the Committee on For- nity Services Block Grant (CSBG) Report to in the Office of the President of the Senate eign Relations. Congress’’ for fiscal year 2015; to the Com- on May 4, 2016; to the Committee on Finance. EC–5396. A communication from the Acting mittee on Health, Education, Labor, and EC–5388. A communication from the Chief Assistant Secretary, Bureau of Political- Pensions. of the Publications and Regulations Branch, Military Affairs, Department of State, trans- EC–5405. A communication from the Direc- Internal Revenue Service, Department of the mitting, pursuant to law, an addendum to a tor of Regulations and Policy Management Treasury, transmitting, pursuant to law, the certification, of the proposed sale or export Staff, Food and Drug Administration, De- report of a rule entitled ‘‘Annual Price Infla- of defense articles and/or defense services to partment of Health and Human Services, tion Adjustments for Contribution Limita- a Middle East country regarding any possible transmitting, pursuant to law, the report of tions Made to a Health Savings Account Pur- affects such a sale might have relating to a rule entitled ‘‘Foreign Supplier suant to Section 223 of the Internal Revenue Israel’s Qualitative Military Edge over mili- Verification Programs for Importers of Food Code’’ (Rev. Proc. 2016–28) received during tary threats to Israel (OSS–2016–0643); to the for Humans and Animals; Technical Amend- adjournment of the Senate in the Office of Committee on Foreign Relations. ment’’ ((RIN0910–AG64) (Docket No. FDA– the President of the Senate on May 2, 2016; to EC–5397. A communication from the Acting 2011–N–0143)) received during adjournment of the Committee on Finance. Assistant Secretary, Bureau of Political- the Senate in the Office of the President of EC–5389. A communication from the Chief Military Affairs, Department of State, trans- the Senate on May 2, 2016; to the Committee of the Publications and Regulations Branch, mitting, pursuant to law, an addendum to a on Health, Education, Labor, and Pensions. Internal Revenue Service, Department of the certification, of the proposed sale or export EC–5406. A communication from the Direc- Treasury, transmitting, pursuant to law, the of defense articles and/or defense services to tor of Regulations and Policy Management report of a rule entitled ‘‘Applicable Federal a Middle East country regarding any possible Staff, Food and Drug Administration, De- Rates—May 2016’’ (Rev. Rul. 2016–11) received affects such a sale might have relating to partment of Health and Human Services, during adjournment of the Senate in the Of- Israel’s Qualitative Military Edge over mili- transmitting, pursuant to law, the report of fice of the President of the Senate on May 2, tary threats to Israel (OSS–2016–0644); to the a rule entitled ‘‘Standards for the Growing, 2016; to the Committee on Finance. Committee on Foreign Relations. Harvesting, Packing, and Holding of Produce EC–5390. A communication from the Chief EC–5398. A communication from the Assist- for Human Consumption; Technical Amend- of the Publications and Regulations Branch, ant Legal Adviser for Treaty Affairs, Depart- ment’’ ((RIN0910–AG35) (Docket No. FDA– Internal Revenue Service, Department of the ment of State, transmitting, pursuant to the 2011–N–0921)) received during adjournment of Treasury, transmitting, pursuant to law, the Case-Zablocki Act, 1 U.S.C. 112b, as amended, the Senate in the Office of the President of report of a rule entitled ‘‘Examples of Pro- the report of the texts and background state- the Senate on May 4, 2016; to the Committee gram Related Investments’’ ((RIN1545–BK76) ments of international agreements, other on Health, Education, Labor, and Pensions. (TD 9762)) received during adjournment of than treaties (List 2016–0064 - 2016–0065); to EC–5407. A communication from the Assist- the Senate in the Office of the President of the Committee on Foreign Relations. ant Secretary for Administration and Man- the Senate on May 2, 2016; to the Committee EC–5399. A communication from the Assist- agement, Department of Labor, transmit- on Finance. ant Secretary, Legislative Affairs, Depart- ting, pursuant to law, the report of a rule en- EC–5391. A communication from the Chief ment of State, transmitting, pursuant to titled ‘‘Department of Labor Implementa- of the Publications and Regulations Branch, law, a report relative to the status of the tion of OMB Guidance on Nonprocurement Internal Revenue Service, Department of the Government of Cuba’s compliance with the Debarment and Suspension; to the Com- Treasury, transmitting, pursuant to law, the United States-Cuba September 1994 ‘‘Joint mittee on Health, Education, Labor, and report of a rule entitled ‘‘Determination of Communique’’ and on the treatment of per- Pensions. Adjusted Applicable Federal Rates and the sons returned to Cuba in accordance with the EC–5408. A communication from the Assist- Adjusted Federal Long-Term Rate’’ United States-Cuba May 1995 ‘‘Joint State- ant Attorney General, Office of Legislative ((RIN1545–BM20) (TD 9763)) received during ment’’; to the Committee on Foreign Rela- Affairs, Department of Justice, transmit- adjournment of the Senate in the Office of tions. ting, pursuant to law, the Department’s fis- the President of the Senate on May 2, 2016; to EC–5400. A communication from the Direc- cal year 2015 annual report relative to the the Committee on Finance. tor of Regulations and Policy Management Notification and Federal Employee Anti- EC–5392. A communication from the Chief Staff, Food and Drug Administration, De- discrimination and Retaliation Act of 2002 of the Publications and Regulations Branch, partment of Health and Human Services, (No FEAR Act); to the Committee on Home- Internal Revenue Service, Department of the transmitting, pursuant to law, the report of land Security and Governmental Affairs.

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MY6.022 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2708 CONGRESSIONAL RECORD — SENATE May 11, 2016 EC–5409. A communication from the Dis- Beta-Hydroxythiofentanyl into Schedule I’’ Semitic perspectives and advocating the trict of Columbia Auditor, transmitting, pur- (Docket No. DEA–434F) received in the Office elimination of the Jewish State, and suant to law, a report entitled ‘‘Review of of the President of the Senate on May 9, 2016; Whereas, activities promoting Boycott, Di- Summer Youth Employment Programs in to the Committee on the Judiciary. vestment, and Sanctions against Israel have Eight Major Cities and the District of Co- EC–5421. A communication from the Dep- increased in the State of Florida, including lumbia’’; to the Committee on Homeland Se- uty Assistant Administrator of the Office of on university campuses and in other Florida curity and Governmental Affairs. Diversion Control, Drug Enforcement Agen- communities, and contribute to the pro- EC–5410. A communication from the Chair cy, Department of Justice, transmitting, motion anti-Semitic and anti-Zionist propa- of the Board of Governors, Federal Reserve pursuant to law, the report of a rule entitled ganda, and System, transmitting, pursuant to law, the ‘‘Schedules of Controlled Substances: Place- Whereas, the increase in BDS campaign ac- Inspector General’s Semiannual Report for ment of Brivaracetam into Schedule V’’ tivities on college campuses around the the six-month period from October 1, 2015 (Docket No. DEA–435) received in the Office country has resulted in increased confronta- through March 31, 2016; to the Committee on of the President of the Senate on May 9, 2016; tion, intimidation, and discrimination Homeland Security and Governmental Af- to the Committee on the Judiciary. against Jewish students, and fairs. EC–5422. A communication from the Attor- Whereas, leaders of the BDS movement ex- EC–5411. A communication from the Chair- ney-Advisor, Office of General Counsel, De- press that their goal is to eliminate Israel as man of the National Credit Union Adminis- partment of Transportation, transmitting, the national home of the Jewish people, and tration, transmitting, pursuant to law, the pursuant to law, a report relative to a va- Whereas, the BDS campaign’s call for aca- semi-annual report of the Inspector General cancy in the position of Administrator, Fed- demic and cultural boycotts has been con- for the period from October 1, 2015 through eral Transit Administration, Department of demned by many of our nation’s largest aca- March 31, 2016; to the Committee on Home- Transportation, received during adjourn- demic associations, more than 250 university land Security and Governmental Affairs. ment of the Senate in the Office of the Presi- presidents, and many other leading scholars EC–5412. A communication from the Chair- dent of the Senate on May 3, 2016; to the as a violation of the bedrock principle of man of the Council of the District of Colum- Committee on Commerce, Science, and academic freedom: Now, therefore, be it bia, transmitting, pursuant to law, a report Transportation. Resolved by the House of Representatives of on D.C. Act 21–374, ‘‘Youth Suicide Preven- EC–5423. communication from the Deputy the State of Florida, That the Florida House tion and School Climate Survey Amendment Assistant Administrator, Office of Sustain- of Representatives condemns the inter- Act of 2016’’; to the Committee on Homeland able Fisheries, Department of Commerce, national Boycott, Divestment, and Sanctions Security and Governmental Affairs. transmitting, pursuant to law, the report of (BDS) movement against the State of Israel EC–5413. A communication from the Chair- a rule entitled ‘‘List of Fisheries for 2016’’ and calls upon its governmental institutions man of the Council of the District of Colum- (RIN0648–BE88) received during adjournment to denounce hatred and discrimination when- bia, transmitting, pursuant to law, a report of the Senate in the Office of the President ever they appear; and be it further on D.C. Act 21–375, ‘‘Firehouse Parking Ex- of the Senate on May 4, 2016; to the Com- Resolved, That copies of this resolution be ception Regulation Amendment Act of 2016’’; mittee on Commerce, Science, and Transpor- presented to the President of the United to the Committee on Homeland Security and tation. States, the President and Secretary of the Governmental Affairs. EC–5424. A communication from the Assist- United States Senate, the Speaker and Clerk EC–5414. A communication from the Chair- ant General Counsel for Regulatory Affairs, of the United States House of Representa- man of the Council of the District of Colum- Consumer Product Safety Commission, tives, and the Israeli Embassy in Wash- bia, transmitting, pursuant to law, a report transmitting, pursuant to law, the report of ington, D.C., for transmission to the proper on D.C. Act 21–376, ‘‘Director of the Home- a rule entitled ‘‘Commission Participation authorities of the State of Israel as a tan- land Security and Emergency Management and Commission Employee Involvement in gible token of the sentiments expressed here- Agency Salary Approval Temporary Amend- Voluntary Standards Activities’’ (RIN3041– in. ment Act of 2016’’; to the Committee on AD32) received during adjournment of the f Homeland Security and Governmental Af- Senate in the Office of the President of the fairs. Senate on May 4, 2016; to the Committee on INTRODUCTION OF BILLS AND EC–5415. A communication from the Chair- Commerce, Science, and Transportation. man of the Council of the District of Colum- JOINT RESOLUTIONS bia, transmitting, pursuant to law, a report f The following bills and joint resolu- on D.C. Act 21–377, ‘‘Supporting Normalcy PETITIONS AND MEMORIALS tions were introduced, read the first and Empowering Children in Foster Care The following petition or memorial and second times by unanimous con- Temporary Amendment Act of 2016’’; to the sent, and referred as indicated: Committee on Homeland Security and Gov- was laid before the Senate and was re- ernmental Affairs. ferred or ordered to lie on the table as By Mr. TOOMEY (for himself and Mr. EC–5416. A communication from the Chair- indicated: CORNYN): man of the Council of the District of Colum- S. 2919. A bill to amend title 38, United POM–165. A resolution adopted by the States Code, to provide greater flexibility to bia, transmitting, pursuant to law, a report House of Representatives of the State of on D.C. Act 21–378, ‘‘Transportation Reorga- States in carrying out the Disabled Vet- Florida condemning the international Boy- erans’ Outreach Program and employing nization Amendment Act of 2016’’; to the cott, Divestment, and Sanctions (BDS) Committee on Homeland Security and Gov- local veterans’ employment representatives, movement against the State of Israel and and for other purposes; to the Committee on ernmental Affairs. calls upon its governmental institutions to EC–5417. A communication from the Assist- Veterans’ Affairs. denounce hatred and discrimination when- By Mr. BARRASSO (for himself and ant Attorney General, Office of Legislative ever they appear; to the Committee on For- Mr. MCCAIN): Affairs, Department of Justice, transmitting eign Relations. proposed legislation; to the Committee on S. 2920. A bill to amend the Tribal Law and the Judiciary. HOUSE RESOLUTION 1001 Order Act of 2010 and the Indian Law En- EC–5418. A communication from the Assist- Whereas, the citizens of the State of Flor- forcement Reform Act to provide for ad- ant Attorney General, Office of Legislative ida have long opposed bigotry, oppression, vancements in public safety services to In- Affairs, Department of Justice, transmit- discrimination, and injustice as a matter of dian communities, and for other purposes; to ting, pursuant to law, an annual report on public policy, and the Committee on Indian Affairs. applications made by the Government for au- Whereas, Florida and Israel have enjoyed a By Mr. ISAKSON (for himself, Mr. thority to conduct electronic surveillance long history of friendship and are great allies BLUMENTHAL, Mr. TILLIS, Mr. TESTER, for foreign intelligence during calendar year in support of each other’s interests, and Mr. UDALL, Mr. BENNET, Mr. ROUNDS, 2015 relative to the Foreign Intelligence Sur- Whereas, the State of Israel, the only de- Mrs. FEINSTEIN, Mr. BOOZMAN, Mr. veillance Act of 1978; to the Committee on mocracy in the Middle East, is the greatest HELLER, Mrs. MURRAY, Mr. MANCHIN, the Judiciary. friend and ally of the United States in that Ms. HIRONO, Mr. BROWN, Mr. LEAHY, EC–5419. A communication from the Clerk region, and Mr. DAINES, Mr. SULLIVAN, Mrs. SHA- of the Supreme Court of the United States, Whereas, the elected representatives of the HEEN, Mr. DURBIN, Mr. NELSON, Ms. transmitting, pursuant to law, a report rel- state recognize the importance of expressing CANTWELL, Ms. BALDWIN, Mr. CASEY, ative to submitted amendments to the Rules Florida’s unwavering support of the Jewish Mr. KAINE, Mr. BOOKER, Mr. SCHATZ, of Appellate and Criminal Procedure; to the people and the State of Israel’s right to exist Mr. MORAN, Mr. BLUNT, Mr. FRANKEN, Committee on the Judiciary. and right to self-defense, and Ms. KLOBUCHAR, Mr. HEINRICH, and EC–5420. A communication from the Dep- Whereas, there are increasing incidents of Mrs. MCCASKILL): uty Assistant Administrator of the Office of anti-Semitism throughout the world, includ- S. 2921. A bill to amend title 38, United Diversion Control, Drug Enforcement Agen- ing in the United Slates and in Florida, re- States Code, to improve the accountability cy, Department of Justice, transmitting, flected in official hate crime statistics, and of employees of the Department of Veterans pursuant to law, the report of a rule entitled Whereas, the international Boycott, Di- Affairs, to improve health care and benefits ‘‘Schedules of Controlled Substances: Tem- vestment, and Sanctions (BDS) movement is for veterans, and for other purposes; to the porary Placement of Butyryl Fentanyl and one of the main vehicles for spreading anti- Committee on Veterans’ Affairs.

VerDate Sep 11 2014 06:25 May 12, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MY6.024 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE May 11, 2016 CONGRESSIONAL RECORD — SENATE S2709 By Mr. WHITEHOUSE: served as Women’s Air Forces Service cosponsor of S. 2833, a bill to amend S. 2922. A bill to amend title 38, United Pilots in Arlington National Cemetery, section 214(c)(8) of the Immigration States Code, to provide for partnerships and and for other purposes. and Nationality Act to modify the data contracts between the Secretary of Veterans reporting requirements relating to Affairs and eligible academic affiliates for S. 2566 the mutually beneficial coordination, use, or At the request of Mrs. SHAHEEN, the nonimmigrant employees, and for exchange of health-care resources, and for name of the Senator from New Hamp- other purposes. other purposes; to the Committee on Vet- shire (Ms. AYOTTE) was added as a co- S. 2840 erans’ Affairs. sponsor of S. 2566, a bill to amend title At the request of Mr. CORNYN, the f 18, United States Code, to provide sex- names of the Senator from North Caro- ADDITIONAL COSPONSORS ual assault survivors with certain lina (Mr. TILLIS) and the Senator from rights, and for other purposes. North Dakota (Ms. HEITKAMP) were S. 386 S. 2577 added as cosponsors of S. 2840, a bill to At the request of Mr. THUNE, the At the request of Mr. CORNYN, the amend the Omnibus Crime Control and names of the Senator from West Vir- name of the Senator from California Safe Streets Act of 1968 to authorize ginia (Mrs. CAPITO) and the Senator (Mrs. FEINSTEIN) was added as a co- COPS grantees to use grant funds for from Arizona (Mr. FLAKE) were added sponsor of S. 2577, a bill to protect active shooter training, and for other as cosponsors of S. 386, a bill to limit crime victims’ rights, to eliminate the purposes. the authority of States to tax certain substantial backlog of DNA and other S. 2864 income of employees for employment forensic evidence samples to improve At the request of Mr. WYDEN, the duties performed in other States. and expand the forensic science testing names of the Senator from New York S. 927 capacity of Federal, State, and local (Mr. SCHUMER) and the Senator from At the request of Mr. NELSON, his crime laboratories, to increase re- Rhode Island (Mr. WHITEHOUSE) were name was added as a cosponsor of S. search and development of new testing added as cosponsors of S. 2864, a bill to 927, a bill to provide regulatory relief technologies, to develop new training amend title XVIII of the Social Secu- for certain financial institutions, and programs regarding the collection and rity Act to prevent catastrophic out-of- for other purposes. use of forensic evidence, to provide pocket spending on prescription drugs S. 1148 post-conviction testing of DNA evi- for seniors and individuals with disabil- At the request of Mr. NELSON, the dence to exonerate the innocent, to ities. name of the Senator from New Jersey support accreditation efforts of foren- S. 2865 (Mr. BOOKER) was added as a cosponsor sic science laboratories and medical ex- At the request of Mr. CARDIN, the of S. 1148, a bill to amend title XVIII of aminer offices, to address training and name of the Senator from Florida (Mr. the Social Security Act to provide for equipment needs, to improve the per- RUBIO) was added as a cosponsor of S. the distribution of additional residency formance of counsel in State capital 2865, a bill to promote stability and se- positions, and for other purposes. cases, and for other purposes. curity in the Asia-Pacific maritime do- S. 1175 S. 2659 mains, and for other purposes. At the request of Mr. WYDEN, the At the request of Mr. BURR, the name S. 2904 name of the Senator from Connecticut of the Senator from Arkansas (Mr. At the request of Mr. WHITEHOUSE, (Mr. BLUMENTHAL) was added as a co- BOOZMAN) was added as a cosponsor of the name of the Senator from Arkansas sponsor of S. 1175, a bill to improve the S. 2659, a bill to reaffirm that the Envi- (Mr. COTTON) was added as a cosponsor safety of hazardous materials rail ronmental Protection Agency cannot of S. 2904, a bill to amend title II of the transportation, and for other purposes. regulate vehicles used solely for com- Social Security Act to eliminate the S. 2040 petition, and for other purposes. five month waiting period for dis- At the request of Mr. CORNYN, the S. 2702 ability insurance benefits under such name of the Senator from Massachu- At the request of Mr. CASEY, the title for individuals with amyotrophic setts (Ms. WARREN) was added as a co- name of the Senator from Connecticut lateral sclerosis. sponsor of S. 2040, a bill to deter ter- (Mr. MURPHY) was added as a cosponsor S.J. RES. 15 rorism, provide justice for victims, and of S. 2702, a bill to amend the Internal At the request of Mr. CARDIN, the for other purposes. Revenue Code of 1986 to allow individ- name of the Senator from New York S. 2067 uals with disabilities to save additional (Mr. SCHUMER) was added as a cospon- At the request of Mr. WICKER, the amounts in their ABLE accounts above sor of S.J. Res. 15, a joint resolution re- name of the Senator from New Jersey the current annual maximum contribu- moving the deadline for the ratifica- (Mr. BOOKER) was added as a cosponsor tion if they work and earn income. tion of the equal rights amendment. of S. 2067, a bill to establish EUREKA S. 2750 S.J. RES. 16 Prize Competitions to accelerate dis- At the request of Mr. WYDEN, the At the request of Mr. MENENDEZ, the covery and development of disease- name of the Senator from Minnesota name of the Senator from New York modifying, preventive, or curative (Ms. KLOBUCHAR) was added as a co- (Mr. SCHUMER) was added as a cospon- treatments for Alzheimer’s disease and sponsor of S. 2750, a bill to amend the sor of S.J. Res. 16, a joint resolution related dementia, to encourage efforts Internal Revenue Code to extend and proposing an amendment to the Con- to enhance detection and diagnosis of modify certain charitable tax provi- stitution of the United States relative such diseases, or to enhance the qual- sions. to equal rights for men and women. ity and efficiency of care of individuals S. 2825 S. RES. 349 with such diseases. At the request of Ms. COLLINS, the At the request of Mr. ROBERTS, the S. 2341 names of the Senator from Wisconsin name of the Senator from North Caro- At the request of Mr. BENNET, the (Ms. BALDWIN) and the Senator from lina (Mr. BURR) was added as a cospon- name of the Senator from Pennsyl- Michigan (Ms. STABENOW) were added sor of S. Res. 349, a resolution con- vania (Mr. CASEY) was added as a co- as cosponsors of S. 2825, a bill to amend gratulating the Farm Credit System on sponsor of S. 2341, a bill to designate a title 37, United States Code, to require the celebration of its 100th anniver- portion of the Arctic National Wildlife compliance with domestic source re- sary. Refuge as wilderness. quirements for footwear furnished to S. RES. 459 S. 2437 enlisted members of the Armed Forces At the request of Mr. ISAKSON, the At the request of Ms. MIKULSKI, the upon their initial entry into the Armed name of the Senator from New Hamp- name of the Senator from Texas (Mr. Forces. shire (Ms. AYOTTE) was added as a co- CORNYN) was added as a cosponsor of S. S. 2833 sponsor of S. Res. 459, a resolution rec- 2437, a bill to amend title 38, United At the request of Mr. BLUMENTHAL, ognizing the importance of cancer re- States Code, to provide for the burial the name of the Senator from New search and the vital contributions of of the cremated remains of persons who York (Mrs. GILLIBRAND) was added as a scientists, clinicians, cancer survivors,

VerDate Sep 11 2014 04:44 May 12, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A11MY6.028 S11MYPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2710 CONGRESSIONAL RECORD — SENATE May 11, 2016 and other patient advocates across the formation, receiving required reports, COMMITTEE ON COMMERCE, SCIENCE, AND United States who are dedicated to training, and technical assistance. The TRANSPORTATION finding a cure for cancer, and desig- Committee received testimony on the Mr. ALEXANDER. Mr. President, I nating May 2016, as ‘‘National Cancer need for more resources to develop var- ask unanimous consent that the Com- Research Month’’ . ious part of tribal justice systems in- mittee on Commerce, Science, and At the request of Mrs. FEINSTEIN, the cluding jury trials and public defenders Transportation be authorized to meet name of the Senator from Ohio (Mr. services. during the session of the Senate on BROWN) was added as a cosponsor of S. Most notably, the testimony indi- May 11, 2016, at 10 a.m., in room SR–253 Res. 459, supra. cated that alcohol and substance abuse of the Russell Senate Office Building to f were contributing factors in nearly all conduct a hearing entitled ‘‘Leveraging crimes in Indian communities. Several the U.S. Science and Technology En- STATEMENTS ON INTRODUCED witnesses, including U.S. Attorney terprise.’’ BILLS AND JOINT RESOLUTIONS Christopher ‘‘Kip’’ Crofts from my The PRESIDING OFFICER. Without By Mr. BARRASSO (for himself home state of Wyoming, highlighted objection, it is so ordered. and Mr. MCCAIN): the need to address this problem to im- COMMITTEE ON FINANCE S. 2920. A bill to amend the Tribal prove public safety. Mr. ALEXANDER. Mr. President, I Law and Order Act of 2010 and the In- The most troubling aspect of the re- ask unanimous consent that the Com- dian Law Enforcement Reform Act to ports, the discussions, and the hearings mittee on Finance be authorized to provide for advancements in public is that the children face the most meet during the session of the Senate safety services to Indian communities, heartbreaking situations. In par- on May 11, 2016, at 10 a.m., in room SD– ticular, American Indian and Alaska and for other purposes; to the Com- 215 of the Dirksen Senate Office Build- Native juveniles are overrepresented in mittee on Indian Affairs. ing, to conduct a hearing entitled Federal and State juvenile justice sys- Mr. BARRASSO. Mr. President, I rise ‘‘Oversight of the United States Cus- tems. In addition, there is a lack of today to speak on the Tribal Law and toms and Border Protection Agency.’’ training, collaborgion, communication, Order Act Reauthorization and Amend- The PRESIDING OFFICER. Without and cooperation among agencies re- ments Act of 2016. Senator MCCAIN and objection, it is so ordered. I are introducing this important piece garding juvenile justice for these COMMITTEE ON FINANCE of legislation to enhance public safety youth. Mr. ALEXANDER. Mr. President, I efforts in American Indian and Alaska The tribal youth in the Federal sys- ask unanimous consent that the Com- Native communities. tem may spend more time in secure mittee on Finance be authorized to I want to thank Senator MCCAIN for confinement than youth in the state his leadership, as a former Chairman systems, sometimes by several years. meet during the session of the Senate and a current Member of the Senate Tribal youth in the Federal system on May 11, 2016, at 3 p.m., in room SD– Committee on Indian Affairs, on this may also be placed in facilities which 215 of the Dirksen Senate Office Build- issue. He has been a staunch advocate can be located far away from their ing. The PRESIDING OFFICER. Without for safe Indian communities, particu- communities and families. On top of objection, it is so ordered. larly for the children. this, appropriate services for tribal This bill would build on the improve- youth in the Federal system may be COMMITTEE ON INDIAN AFFAIRS ments made by the Tribal Law and unavailable as well. Mr. ALEXANDER. Mr. President, I Order Act of 2010 passed by Congress to Tribal leaders have expressed con- ask unanimous consent that the Com- address the unconscionably high crime cerns to me that they do not want to mittee on Indian Affairs be authorized rates in these communities. The Tribal lose a generation of their people. It is to meet during the session of the Sen- Law and Order Act of 2010 was intended incumbent upon Congress and the ad- ate on May 11, 2016, in room SD–628 of ministration to do everything we can to be a first step in the right direction the Dirksen Senate Office Building, at to help these young people turn their in improving the effectiveness of crimi- 2:15 p.m. lives around. The PRESIDING OFFICER. Without nal justice systems in Indian Country. For these reasons, we introduced this The Tribal Law and Order Act of 2010 objection, it is so ordered. bill to work toward safer communities was based on five fundamental prin- COMMITTEE ON SMALL BUSINESS AND and provide more accountability from ENTREPRENEURSHIP ciples: to increase the Federal response the Federal agencies which have a Mr. ALEXANDER. Mr. President, I and accountability; encourage greater trust responsibility to the Indian tribes ask unanimous consent that the Com- cooperation between tribal, Federal, and their members. and State law enforcement; provide The bill would address Federal ac- mittee on Small Business and Entre- tribal justice officials with additional countability; increase data sharing and preneurship be authorized to meet dur- tools to combat crime; improve Fed- access to data bases; support alter- ing the session of the Senate on May eral programs to strengthen tribal jus- natives in detention; reauthorize and 11, 2016. tice systems; and improve data collec- build on resources for public safety ef- The PRESIDING OFFICER. Without tion and information sharing relating forts; and improve justice for Indian objection, it is so ordered. to Indian Country crime. youth. It would also assist Indian SUBCOMMITTEE ON PRIVACY, TECHNOLOGY, AND Since that time, numerous reports tribes in addressing violent and drug THE LAW have been issued by the Departments of crimes through Federal courts. Mr. ALEXANDER. Mr. President, I the Interior, Justice, and Health and This is the type of bill that we can ask unanimous consent that the Com- Human Services as required by the act. all get behind and get signed into law mittee on the Judiciary, Sub- The Committee has held oversight this year. I urge Members to join me in committee on Privacy, Technology, hearings on public safety issues in In- the effort to improve the lives of In- and the Law be authorized to meet dur- dian communities, including a field dian people through these stronger ing the session of the Senate on May hearing in my home state of Wyoming public safety measures. 11, 2016, at 2:30 p.m., in room SD–226 of on the Wind River Indian Reservation. f the Dirksen Senate Office Building, to The Committee also held a roundtable conduct a hearing entitled ‘‘Examining with many stakeholders regarding the AUTHORITY FOR COMMITTEES TO the Proposed FCC Privacy Rules.’’ next steps needed for improving justice MEET The PRESIDING OFFICER. Without systems in these communities. COMMITTEE ON ARMED SERVICES objection, it is so ordered. The testimony and discussions were Mr. ALEXANDER. Mr. President, I f clear that the crime rates have dimin- ask unanimous consent that the Com- ished some but still remain unaccept- mittee on Armed Services be author- PRIVILEGES OF THE FLOOR ably high on too many reservations. ized to meet during the session of the Mr. REID. Mr. President, I ask unan- Likewise, barriers for Indian law en- Senate on May 11, 2016, at 9:30 a.m. imous consent that Brad Hatcher, who forcement agencies still exist to ac- The PRESIDING OFFICER. Without is serving as my legislative fellow for cessing criminal databases, sharing in- objection, it is so ordered. defense issues this year, be granted

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IN THE ARMY RUSSELL L. GREGORY III privileges of the floor for the duration RUSSELL W. GRIFFIN of 2016. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAY J. GUEVARRA The PRESIDING OFFICER. Without AS CHIEF OF ARMY RESERVE/COMMANDING GENERAL, JOHN C. HAFLEY UNITED STATES ARMY RESERVE COMMAND, AND AP- KELLY A. HAGENBECK objection, it is so ordered. POINTMENT IN THE RESERVE OF THE ARMY TO THE DAVID A. HAGLER Mr. CARDIN. Mr. President, I ask GRADE INDICATED WHILE ASSIGNED TO A POSITION OF JENS J. HANSEN IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, CATHERINE B. HARKER unanimous consent that floor privi- U.S.C., SECTIONS 601 AND 3038: STEVEN C. HART leges be granted to Michael Wolfe, who CAROL A. HAYMAN To be lieutenant general ROBERT L. HOHMAN, JR. GARY J. HOLBEN is a fellow on my staff, during consider- MAJ. GEN. CHARLES D. LUCKEY ation of H.R. 2028, the Fiscal Year 2017 MATTHEW C. HOLBERT IN THE NAVY FREDERICK J. HOLMES Energy and Water Appropriations Act. ANTHONY T. HUY The PRESIDING OFFICER. Without THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEROME JACKSON AS VICE CHIEF OF NAVAL OPERATIONS AND APPOINT- NICOLE S. JONES objection, it is so ordered. MENT IN THE UNITED STATES NAVY TO THE GRADE INDI- AARON J. JUSTICE CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE MICHAEL A. KARNS f AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS LAURA A. KENNEY 601 AND 5035: ROBERT T. KRUMM ORDERS FOR THURSDAY, MAY 12, To be admiral EVELYN E. LAPTOOK 2016 ANDREW M. LAWFIELD VICE ADM. WILLIAM F. MORAN MATTHEW A. LAZAR Mr. ALEXANDER. Mr. President, I THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DANIEL E. LEAVITT ask unanimous consent that when the AS CHIEF OF NAVAL PERSONNEL AND APPOINTMENT IN JOHN M. LEGG THE UNITED STATES NAVY TO THE GRADE INDICATED MICHAEL D. LEWIS Senate completes its business today, it WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND KENT J. LIGHTNER adjourn until 9:30 a.m., Thursday, May RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 ELDON S. LOWDERMILK AND 5141: ROBERT W. MARTIN 12; that following the prayer and CHRISTOPHER D. MASON To be vice admiral DONALD N. MATCHECK pledge, the morning hour be deemed ANDREAS J. MCGHEE expired, the Journal of proceedings be REAR ADM. (LH) ROBERT P. BURKE WILLIAM J. MCNEELY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KELLY D. MCNEESE approved to date, and the time for the IN THE UNITED STATES NAVY TO THE GRADE INDICATED MICHAEL S. MIKULSKI two leaders be reserved for their use WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JONATHAN C. MOYER later in the day; further, that following RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: LISANDRO MURPHY, JR. To be vice admiral KEN R. NANCE leader remarks, the Senate be in a pe- DAVID W. NAVRATIL REAR ADM. THOMAS J. MOORE TREVER J. NEHLS riod of morning business for 1 hour, MICHAEL P. OBRIEN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRANDI B. PEASLEY equally divided, with Senators per- IN THE UNITED STATES NAVY TO THE GRADE INDICATED SCOTT D. PERRY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND mitted to speak therein; further, that TROY A. POSTIN RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: following morning business, the Senate WILLIAM J. POTTERTON To be vice admiral ROBERT S. POWELL, JR. resume consideration of H.R. 2028; fi- SONYA A. POWELL nally, that all time during the adjourn- VICE ADM. JAN E. TIGHE SALVATORE L. RAO, JR. IN THE AIR FORCE ROYCE P. RESOSO ment and morning business count REGINALD T. RICHARDSON postcloture on the Alexander sub- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JAVIER J. RIVERA IN THE GRADE INDICATED IN THE RESERVE OF THE AIR STEVEN J. ROBERTSON stitute amendment No. 3801. FORCE UNDER TITLE 10, U.S.C., SECTION 12203: DAVID D. ROBINSON The PRESIDING OFFICER. Is there To be colonel DAVID M. SAMUELSEN objection? ANDREW F. SCARCELLA CHRISTOPHER R. MCNULTY JOHN C. SCHARRETT Without objection, it is so ordered. WILLIAM H. SCHERMERHORN IN THE ARMY JAMES E. SIMPSON, JR. f DAVID R. SKAVNAK THE FOLLOWING NAMED ARMY NATIONAL GUARD OF- SHAD G. SMITH ADJOURNMENT UNTIL 9:30 A.M. FICER FOR APPOINTMENT TO THE GRADE INDICATED IN RANDALL A. SNOW TOMORROW THE RESERVE OF THE ARMY UNDER TITLE 10, U.S.C., MATTHEW C. STACKER SECTIONS 12203 AND 12211: MARK A. STIEFBOLD Mr. ALEXANDER. Mr. President, if To be colonel PAUL B. STRICKLAND JOEL S. STRINGER there is no further business to come be- ERNEST C. LEE, JR. SHAWN P. SULLIVAN fore the Senate, I ask unanimous con- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT STEPHEN R. SUTTON TO THE GRADE INDICATED IN THE RESERVE OF THE LESLIE A. TEMPLIN sent that it stand adjourned under the ARMY UNDER TITLE 10, U.S.C., SECTION 12203: CHRISTOPHER C. THIEL previous order. TUAN A. TRUONG To be colonel DOUGLAS A. VANDERHOOF There being no objection, the Senate, LESLIE Y. VAZQUEZ TERRANCE W. ADAMS GITA R. VELU at 5:49 p.m., adjourned until Thursday, KRISTAFER R. AILSLIEGER KIRK J. VENABLE JOHN B. ALEXANDER May 12, 2016, at 9:30 a.m. BRENDA L. VERVOORT JAMES P. ALLEN SCOTT W. WARD f STEPHEN D. ALLEN, JR. JOHN F. WELLS BRUCE A. ANDERSEN PETER J. WHALEN NOMINATIONS TAMARA R. ARENDT HEATHER B. WHITE JEFFREY T. AVOLIO LEO WHITE III Executive nominations received by JEFFERY S. BAUM RONALD E. WIER AMY B. BEUSCHLEIN the Senate: STEPHANIE R. WIESING KELVIN L. BOONE DAVID M. WILSON DEPARTMENT OF THE TREASURY BENJAMIN L. BOURGOYNE DENISE M. WURZBACH KEVIN N. BURAS MOLLY D. YOUNG ROBERT M. TOBIAS, OF THE DISTRICT OF COLUMBIA, SEAN M. CAMPION ROBERT E. YOUNG, JR. TO BE A MEMBER OF THE INTERNAL REVENUE SERVICE MARTIN A. CASE CYNTHIA M. ZAPOTOCZNY OVERSIGHT BOARD FOR A TERM EXPIRING SEPTEMBER PHILIP R. CHURCHILL 14, 2020, VICE DEBORAH L. WINCE–SMITH, TERM EXPIRED. DAVID A. CLARK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DEPARTMENT OF TRANSPORTATION TODD A. COE TO THE GRADE INDICATED IN THE RESERVE OF THE DAWN M. CONNER ARMY UNDER TITLE 10, U.S.C., SECTION 12203: BLAIR ANDERSON, OF CALIFORNIA, TO BE UNDER SEC- CHRISTOPHER W. COOK To be colonel RETARY OF TRANSPORTATION FOR POLICY, VICE PETER ROBERT L. CORDRAY III M. ROGOFF, RESIGNED. RONALD G. CORSETTI JENNIFER L. ADAMSBUCKHOUSE DAVID E. COVOLESKY PAUL M. AMRHEIN DEPARTMENT OF STATE EDWIN C. COX ALFRED J. ANTONIK CAROL Z. PEREZ, OF VIRGINIA, A CAREER MEMBER OF JOHN R. CUNLIFFE SALVATORE S. BARBARIA THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER– HARVEY A. CUTCHIN GUY D. BASS COUNSELOR, TO BE AMBASSADOR EXTRAORDINARY AND PHILIP S. DIZON ALBERT L. BENSON, JR. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA DALE D. DRAEGER TEERAPHAN BEVILL TO THE REPUBLIC OF CHILE. DANIEL D. EDDY MARK A. CHITWOOD JOHN F. EGAN DANIEL A. COLE DEPARTMENT OF JUSTICE TODD L. ERSKINE JAMES G. CRAIG III PETER E. FECHTMANN KENNETH R. CROWE J. PATRICIA WILSON SMOOT, OF MARYLAND, TO BE A AMY L. FIELDS KEVIN F. DANIELS COMMISSIONER OF THE UNITED STATES PAROLE COM- JAMES W. FORBES MANU L. DAVIS MISSION FOR A TERM OF SIX YEARS. (REAPPOINTMENT) JEFFREY D. GABEL TRAVIS C. DELK IN THE AIR FORCE GINA R. GARABEDIAN STEVEN F. EGAN BENJAMIN GARCIA TAD T. FICHTEL THE FOLLOWING AIR NATIONAL GUARD OF THE UNITED CONSTANCE M. GARCIA JEFFREY GATCH STATES OFFICER FOR APPOINTMENT IN THE RESERVE MARC L. GAUVAL VINCENT A. GILKEY OF THE AIR FORCE TO THE GRADE INDICATED UNDER MATTHEW N. GEBHARD VICTOR R. GREEN TITLE 10, U.S.C., SECTIONS 12203 AND 12212: LAWRENCE A. GNEWUCH MARCUS W. HARRING To be brigadier general CHRISTINA S. GRAMOND RICHARD P. HARVEY DENNIS H. GRECO FRANK E. HOPKINS III COL. SIDNEY N. MARTIN MICHAEL M. GREER CHARLES L. KIDD II

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LEWIS G. KNAPP JEFFREY W. HOLZWORTH THE FOLLOWING NAMED OFFICER FOR REGULAR AP- CARL W. KOEHLINGER BARRY D. HON POINTMENT IN THE GRADE INDICATED IN THE UNITED JAMES P. LINCOLN ERIC W. HONAKER STATES ARMY MEDICAL SERVICE CORPS UNDER TITLE JOHN W. MAENHARDT, JR. MARK A. HOWARD 10, U.S.C., SECTIONS 531 AND 3064: ANDREA L. MCCOLLUM FRED D. HRYHORCHUK ELGIN MERCADO DAMON M. HUNT To be major JAMAL MILES STEPHEN W. JACO WESTON C. GORING KERRY E. NORMAN JOSEPH V. JACOBSON JAMES A. PARKINSON REOLITO G. JAO THE FOLLOWING NAMED OFFICER FOR REGULAR AP- FRANK O. PFAU DANIEL T. JOHNSON POINTMENT IN THE GRADE INDICATED IN THE UNITED CHARLES R. PHARISS II EDWARD M. JOHNSON STATES ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., MICHAEL D. POSS MICHAEL J. KARWATKA SECTIONS 531 AND 3064: JAMES A. ROGERS PATRICK E. KEEFE To be major JEFFREY S. RYNEARSON SCOTT M. KEELEY PETER J. SCHMIDT RICKY A. KIMMEL SRILALITHA DONEPUDI CECIL W. KING JASON J. SCHRANK IN THE NAVY WILLIAM C. SEARS RAY A. KNUTSON MICHAEL W. SHARP JOHN M. KRUTHAUPT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JACQUELINE M. SIMMONS MICHAEL A. LADD TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN A. STEWART JAMES G. LAKE UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER J. SWEENEY THOMAS J. LESNIESKI BRIAN A. THOMAS JEFFREY E. LONG To be captain PHILIP H. MACCHI MICHAEL S. UNDERWOOD OLIVIA L. BETHEA MICHAEL S. VAIL ROBERT W. MANDELL TODD M. MANION KERTRECK V. BROOKS CLAUDIUS R. VONFAHNESTOCK BRENT E. COWER STUART E. WERNER JAMES W. MANN RANDALL P. MANTOOTH SUZANNE M. JOHNSON RICHARD E. WILLIAMS CHRISTIAN A. STOVER ASHLEY D. WORBOYS KELSEY A. MARCHALK WILLIAM S. WYNN HUGH A. MCCALLUM THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MELVIN W. ZIMMER, JR. DONALD L. MCFADDEN TO THE GRADE INDICATED IN THE UNITED STATES NAVY DAVID D. MCGRAW, JR. UNDER TITLE 10, U.S.C., SECTION 624: THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TIMOTHY S. MCLAUGHLIN TO THE GRADE INDICATED IN THE RESERVE OF THE WILLIAM E. MEADE To be captain ARMY UNDER TITLE 10, U.S.C., SECTION 12203: CHRISTOPHER W. MICKAN ROGER S. AKINS To be colonel GLENN E. MILLER MANUEL F. ALSINA JESSE L. MILLER HERNAN O. ALTAMAR JEFFREY A. ABELE VALENTINE M. MILLER MICHAEL R. ANCONA ANDREW C. ANDERSON MICHAEL S. MISMASH SUSAN F. ANTLE LAWRENCE B. AUSTIN STEVEN C. MOE KYLE R. BERRY PETER R. BARAJAS CRISTINA M. MOORE BRADLEY L. BUNTEN JAMEY J. BARCOMB WILLIAM M. MOORE ALEXANDER I. BUSTAMANTE ROBERT S. BAREFOOT LAUREN E. MUGLIA JAMES E. CALLAN REGINALD L. BARNES GARY W. MUNDFROM RUSSELL B. CARR JOHN L. BATES ERIK A. MYHRE WALTER W. DALITSCH DAVID A. BECKER CRAIG T. NORMAND GERARD DEMERS SHAWN P. BELL JAMES R. OLSON CHRISTOPHER I. ELLINGSON REED L. BERRY ANGEL M. ORTIZ JENNIFER M. ESPIRITU RENITA L. BERRY TERRI L. OSWALD BRIAN L. FELDMAN WILEY O. BLEVINS, JR. GREGORY S. OTA MARC A. FRANZOS TODD M. BOOKLESS GEORGE A. OTEIZA KATERINA M. GALLUS STEPHEN M. BOUSQUET KELTON E. PANKEY JONATHAN E. GILHOOLY RHONDA S. BRACH VICTOR J. PARZIALE HERMANN F. GONZALEZ LONNIE J. BRANUM, JR. GREGORY L. PELTS RODNEY S. HAGERMAN WILLIAM T. BREEZE LOREN D. PENNEY KEITH A. HANLEY JASON E. BRIGGS STEVEN D. PERRY STEVEN R. HANLING RYAN C. BROWN STEVEN P. PETERSEN SEAN M. HUSSEY KEITH M. BROWNELL HENRY S. PETTIT DAVID P. JOHNSON DAVID J. BRUSCHWEIN CORNELIUS E. PUTNAM MICHAEL L. JULIANO ROBERT K. BRYAN DAVID B. RAYNOR ARNETT KLUGH JAMES M. CAHILL DAVID W. REED ERIC A. LAVERY TIMOTHY A. CAREY BENJAMIN M. RICHARDSON MIKE H. LEE MOIRA E. CARPENTER ROBERT J. RODGERS MARK J. LENART LUKE E. CHARPENTIER DARYL R. ROERICK EUGENIO LUJAN CHRISTOPHER CHOMOSH FRANCISCO L. ROMERO GREGORY N. MATWIYOFF DANIEL J. COLEMAN GARY A. ROPERS MATTHEW D. MCLEAN BRETT P. CONAWAY KELLY S. ROSENBERGER PAUL R. ROWE JOHN W. MORONEY CHARLES H. CONNORS WILLIAM P. SCOTT, JR. GEORGE P. NANOS III CHRISTOPHER R. CRONIN JOSHUA M. SEMLER CRAIG D. NORRIS DANIEL P. CROUCH GARRY W. SEYB, JR. KEVIN M. OMEARA JOHN R. CUNNINGHAM THEODORE A. SOBOCIENSKI CHRISTOPHER A. ORSELLO CARL C. DANBERG WILLIAM J. SPENCE JOSEPH F. PENTA RICHARD R. DARVEAU PATRICK D. STAPLETON BLAINE M. POWELL DARRELL J. DEBISH CHARLES G. STEPHENSON TIMOTHY M. QUAST THOMAS P. DENNIS SHANE R. STEWART SCOTT B. RADER ERIC A. DERUE RICHARD J. STRADINGER ALFREDO R. RAMIREZ KENNETH H. DILG PAUL W. STROUD CRAIG J. RANDALL JOHN T. DONNELLAN, JR. JEFFREY A. SUVER ROBERT L. RICCA CRAIG S. DRISKELL SHAHRAM A. TAKMILI GEORGE M. RICE ILOS J. DUCKSWORTH EMMA F. THYEN MICHAEL A. ROBINSON CHARLTON T. DUNN RONALD L. TILLOTSON JOHN P. H. RUE ANDRA M. DUSKIE DONALD N. TINGEN MARLENE L. SANCHEZ JOHN H. EBBIGHAUSEN MICHAEL A. TOUGHER III TIMOTHY E. SAYLES ANDRE L. EDISON JOHN N. TUMINO ANDREW W. SCHIEMEL TIMOTHY J. EICH THOMAS O. TYLER DANNY T. SHIAU GARY T. ELLIOTT, JR. MARK A. ULVIN STUART H. SHIPPEY III THOMAS J. FIELDS III DAVID A. UPDEGRAFF MICHAEL P. SHUSKO BRENT D. FLACHSBART RICKY S. UTLEY BRYAN M. SPALDING RYAN P. FLOYD BENJAMIN S. VALENTINE MICHAEL T. SPOONER DONOVAN T. FONTENOT DENISE W. WALKER ERIC T. STEDJELARSEN JEREMY R. FOOT ROBERT H. WALTER, JR. WALTER A. STEIGLEMAN THOMAS W. FORREST MICHAEL T. WARFEL RICHARD W. TEMPLE GREGORY E. FRITZ MICHAEL P. WARRINGTON KARIN E. THOMAS NICOLE M. GABRIEL WILLIAM G. WATSON ANTHONY TUCKER RAYMOND G. GARCIA MARK T. WEAVER BRIAN P. WELLS STANLEY T. GARCIA MICHAEL E. WEGSCHEIDER DAVID R. WHITTAKER DAVID S. GAYLE DOUGLAS L. WHITE CHARLES E. WILSON JERALD R. GILBERT KATHERINE E. WHITE MICHAEL D. WITTENBERGER RODNEY K. GINTER RONALD R. WILKINS WESLEY R. GOLDEN DENISE L. WILKINSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KIRBY S. GONYER MAURY A. WILLIAMS TO THE GRADE INDICATED IN THE UNITED STATES NAVY QUVATOR R. GORE JOHN J. WOJCIK UNDER TITLE 10, U.S.C., SECTION 624: MIRIAM GRAY JAMES M. ZIEBA To be captain ARNOLD J. GRIFFIN THE FOLLOWING NAMED OFFICER FOR REGULAR AP- MICHAEL P. GRUNDMAN POINTMENT IN THE GRADE INDICATED IN THE UNITED RICHARD S. ADCOOK JEFFREY S. HACKETT STATES ARMY MEDICAL SPECIALIST CORPS UNDER ANDREW J. AVILLO ROBERT D. HALES TITLE 10, U.S.C., SECTIONS 531 AND 3064: DAVID M. CRAIG DAVID W. HALL SEAN P. DONOVAN KELLY S. HAMMOND To be major ERIC S. EVANS CYNTHIA J. HARKRIDER CHAD A. LEE KATHRYN A. KATZ WILLIAM M. HARLOW JOHN D. MCLAUGHLIN MARY E. HARRIS THE FOLLOWING NAMED OFFICER FOR REGULAR AP- ANN B. MONASKY JAMES A. HARRISON POINTMENT IN THE GRADE INDICATED IN THE UNITED ENRIQUE M. MORALES GREGORY B. HARTVIGSEN STATES ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., RACHEL MYAINGMISFELDT DENNIS R. HAWTHORNE SECTIONS 531 AND 3064: STEVEN M. STOKES DAVID L. HAYES To be major GARY J. WALKER JEFFREY S. HEASLEY JOHN H. WILSON JASON A. HENRY BRYAN P. HENDREN BENJAMIN W. YOUNG, JR.

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THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DOUGLAS S. MACKENZIE RICKY L. GILBERT TO THE GRADE INDICATED IN THE UNITED STATES NAVY THOMAS J. NEVILLE III MAXINE GOODRIDGE UNDER TITLE 10, U.S.C., SECTION 624: THOMAS A. SCOTT THOMAS M. GOREY III JULIE M. TREANOR GLEN P. JACKSON To be captain MILTON W. TROY III MICHAEL J. MCGINN, JR. ALSANDRO H. TURNER ALONZA J. ROSS ANDREW M. ARCHILA DENNIS J. TURNER VINCENT E. SMITH ANTHONY R. ARTINO, JR. TODD A. WANACK KURT E. STRONACH MATTHEW F. BOUMA LEROY H. WEBER DAVID B. BRENNER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANTHONY D. YANERO GABRIEL T. BROWN TO THE GRADE INDICATED IN THE UNITED STATES NAVY MICHAEL YORK ROGER L. BUNCH UNDER TITLE 10, U.S.C., SECTION 624: ALAN B. CHRISTIAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be captain JASON B. DARBY TO THE GRADE INDICATED IN THE UNITED STATES NAVY PAUL B. DURAND UNDER TITLE 10, U.S.C., SECTION 624: DAVID L. AAMODT GREGG W. GELLMAN To be captain DEREK S. ADAMETZ SCOTT L. GREENSTEIN CHRISTOPHER W. ADAMS JESSIE E. GROSS MICHAEL D. BROWN ALLEN D. ADKINS BRANDON W. HARDIN KIM M. DONAHUE ALBERT A. ALARCON TRACI J. HINDMAN JOHN M. HAKANSON DAMON K. AMARAL KRISTIN R. HODAPP BRIAN J. C. HALEY ALYSA L. AMBROSEMANSFIELD PETER O. IM JAMES L. JOHNSON WAYNE W. ANDREWS III TODD J. LAUBY JOHN A. KALANTZIS STEVEN W. ANTCLIFF KARLA M. LEPORE DANIEL L. MODE CORY R. APPLEBEE JAMES R. LINDERMAN EMILE G. MOURED LONNIE L. APPLEGET CHAD E. MCKENZIE JAMES H. PITTMAN SCOTT A. AVERY STEVEN W. NEWELL GREG T. SCHLUTER DAVID N. BACK KEITH B. NEWTON WILLIAM D. STALLARD JAMES D. BAHR PETER J. OBENAUER BRIAN J. STAMM CHRISTOPHER G. BAILEY GUILLERMO PIMENTEL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SHAWN T. BAILEY WENDY H. PINKHAM TO THE GRADE INDICATED IN THE UNITED STATES NAVY DAVID S. BAIRD ROSE E. RICE UNDER TITLE 10, U.S.C., SECTION 624: GREGORY E. BAKER CHERYL C. RINGER NATHAN A. BALLOU KATHARINE K. SHOBE To be captain CRAIG D. BANGOR TARA N. SMITH JOHN R. ANDERSON MATTHEW A. BARKER JEFFREY D. STANCIL DANIEL W. COOK ANTHONY C. BARNES DOUGLAS E. STEPHENS JORGE R. CUADROS JOHN J. BARNETT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT EILEEN J. DANDREA MICHAEL C. BECKETTE TO THE GRADE INDICATED IN THE UNITED STATES NAVY JEFFREY C. DEVINEY STEVEN J. BELLACK UNDER TITLE 10, U.S.C., SECTION 624: CAMERON J. GEERTSEMA JERRIS L. BENNETT KENT R. HENDRICKS RYAN J. BERNACCHI To be captain JEFFREY D. LENGKEEK ROBERT A. BERNER NATHANAEL B. PRICE MICHAEL A. BISBEE SHANE D. COOPER WILLIAM A. SIEMER CORY J. BLASER LAURIN N. ESKRIDGE KEMIT W. SPEARS GREGORY D. BLYDEN JENNIE L. GOLDSMITH STEVEN J. STASICK MATTHEW R. BOLAND DAVID M. GONZALEZ CHRISTOPHER R. VIA MATT L. BOREN JOSEPH G. HOELZ BURR M. VOGEL MOLLY J. BORON THOMAS F. LEARY THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- JOHN J. BRABAZON IRVE C. LEMOYNE, JR. WESLEY P. BRINGHAM MICHAEL J. LUKEN MENT TO THE GRADE INDICATED IN THE REGULAR NAVY UNDER TITLE 10, U.S.C., SECTION 531: JOHN L. BUB JONATHAN M. MCLEOD WILLIAM H. BUCEY III ROBERT P. MONAHAN, JR. To be lieutenant commander JOHN E. CAGE JOSHUA P. NAUMAN MARK J. CALLARI DEVIN D. BURNS ELYSIA G. H. NGBAUMHACKL DARYLE D. CARDONE RANDALL J. VAVRA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ADAM T. CARLSTROM THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY SCOTT A. CARROLL TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION 624: GARY L. CAVE UNDER TITLE 10, U.S.C., SECTION 624: To be captain JEFFERY E. CHISM MARC R. CHRISTINO To be captain RACHAEL A. DEMPSEY TODD F. CIMICATA JOHANNES M. BAILEY CHRISTOPHER L. GABRIEL FRANKIE J. CLARK MELISSA A. BARNETT RONALD J. PIRET PATRICK B. CLARK IVO J. PRIKASKY LISA A. BRAUN JOSEPH W. COLEMAN SEAN D. ROBINSON KEVIN P. BUSS MATTHEW T. COLLINS RAUL J. CARRILLO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CLARKE F. CRAINE CRAIG A. CUNNINGHAM TO THE GRADE INDICATED IN THE UNITED STATES NAVY WESLEY S. DAUGHERTY LAURA D. DEATON UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL F. DAVIS COLIN P. DAY EVA S. DOMOTORFFY To be captain JOHN E. ECKENRODE ANDREW P. DEMONTE MELISSA A. FARINO ANN E. CASEY WILLIAM F. DENTON JEAN F. FISAK COLIN W. CHINN JOHN W. DEPREE JEREMY J. HAWKER HAROLD T. COLE MICHAEL B. DEVORE JULIE M. HILLERY MICHAEL C. ELLIOT GRAHAME A. DICKS LONNIE S. HOSEA SHELLY V. FRANK BRIAN J. DIEBOLD HEATHER C. KING JENNA K. HAUSVIK CYNTHIA A. DIETERLY MICHAEL S. KOHLER JAMES H. HENDERSONCOFFEY KEITH B. DOWLING CLINT A. LEMAIRE OWEN M. SCHOOLSKY MATTHEW J. DUFFY RACHEL M. LEWIS HENRY M. VEGTER TREVOR B. ESTES PAUL A. LOESCHE DARYK E. ZIRKLE CHAD M. FALGOUT DAVID B. FIELDS EDDIE LOPEZ THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SCOTT J. MESSMER LONNIE L. FIELDS TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHRISTOPHER G. FOLLIN DANIEL N. MEYERHUBER UNDER TITLE 10, U.S.C., SECTION 624: STEVEN J. PARKS THOMAS F. FOSTER, JR. JUSTICE M. PARROTT To be captain WILLIAM D. FRASER SARA S. PICKETT JOHN P. FRIEDMAN THECLY H. SCOTT CLAUDE W. ARNOLD, JR. SEAN D. FUJIMOTO KATHALEEN L. SMITH THANONGDETH T. CHINYAVONG JOSEPH A. GAGLIANO JOSEPH L. TAYLOR TRACY L. HINES RUSSELL M. GERALDI ELIZABETH G. VOGELROGERS DONALD E. HOCUTT MATTHEW G. GILLE JOHN E. VOLK KAMBRA R. JUVE ANTHONY S. GRAYSON KRISTIAN P. KEARTON CRAIG M. GUMMER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRADLEY L. KINKEAD PETER A. HAGGE TO THE GRADE INDICATED IN THE UNITED STATES NAVY MATTHEW J. LABERT PATRICK D. HANSEN UNDER TITLE 10, U.S.C., SECTION 624: JOHN E. LARSON, JR. SCOTT A. HARDY To be captain ROB W. STEVENSON MICHAEL J. HARRIS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT E. HAWTHORNE III SUSAN L. AYERS TO THE GRADE INDICATED IN THE UNITED STATES NAVY THOMAS B. HECK MICHAEL V. BENEDETTO UNDER TITLE 10, U.S.C., SECTION 624: CHRISTOPHER H. HERR PATRICK C. BLAKE BRETT C. HERSHMAN WILLIAM D. BOOTH To be captain CHRISTOPHER F. HILL DAVID D. CARNAL RICHARD B. HILL ALBERT ANGEL EUGENE S. CASH JESSE W. HILLIKER ANDREW J. CHARLES DAVID E. DOYLE STEVEN E. HNATT CHRISTOPHER R. KOPACH PAMELA C. DOZIER ERICA L. HOFFMANN KEVIN E. NELSON JOHN S. DUENAS JEFFREY P. HOLZER DAVID M. OVERCASH CHARLES DWY MICHAEL G. HRITZ FRANK G. SCHLERETH III JOSE L. FELIZ SHAWN W. HUEY PETER N. SHEPARD JASON B. FITCH JESSIE D. HUGHES, JR. SETH A. WALTERS MARK R. GARRIGUS LIAM M. HULIN SCOTT D. YOUNG NICOLA M. GATHRIGHT CHRISTOPHER H. INSKEEP EDMOND J. GAWARAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DENNIS J. JACKO MICHAEL W. HERYFORD TO THE GRADE INDICATED IN THE UNITED STATES NAVY SCOTT P. JANIK MATTHEW D. HOLMAN UNDER TITLE 10, U.S.C., SECTION 624: PATRICK E. JANKOWSKI JULIE M. HUNTER To be captain MICHAEL R. JARRETT, JR. JERRY A. KING MATTHEW J. JERBI GREGORY R. LASK THOMAS L. GIBBONS ROBERT J. JEZEK, JR.

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THADDEUS M. JOHNSON MICHAEL A. ROVENOLT JEREMY T. LEGHORN SCOTT A. JONES DAVID R. SAUVE THOMAS D. MCKAY PRZEMYSLAW J. KACZYNSKI GREGORY P. SAWTELL JOSEPH A. SAEGERT ERIC S. KELLUM JONATHAN L. SCHMITZ NATHAN A. SCHNEIDER JAMES P. KENNEDY IV PETER M. SCHNAPPAUF II BRIAN K. VAZQUEZ JAMES R. KENNY BRIAN T. SCHRUM RICARDO VIGIL GEORGE A. KESSLER, JR. BRUCE G. SCHUETTE STEVEN P. WERNER RYAN T. KEYS KURT M. SELLERBERG DIANNA WOLFSON THOMAS H. SHUGART III HENRY S. KIM THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN W. SKARIN TIMOTHY F. KINSELLA, JR. TO THE GRADE INDICATED IN THE UNITED STATES NAVY JEFFREY S. SMITH DALE D. KLEIN UNDER TITLE 10, U.S.C., SECTION 624: NEIL A. KOPROWSKI DAVID T. SNEE VICTOR A. LAKE KEVIN L. SNODE To be captain DAVID P. LAMMERS MARK D. SOHANEY ROBERT W. LANDIS DAVID W. STALLWORTH ERROL A. CAMPBELL, JR. KEVIN A. LANE VERNON H. STANFIELD WILLIAM E. COLEMAN, JR. CHANDEN S. LANGHOFER CHARLES M. STICKNEY JOHN E. DOUGHERTY IV LANCE C. LANTIER MONIKA W. STOKER BENJAMIN W. HARRIS CURTIS G. LARSON JOHN D. STONER, JR. MICHAEL K. KASLIK BRETT A. LASSEN JEFFREY W. SUMMERS MICHAEL J. ORR GREGORY J. LELAND BRIAN C. TADDIKEN KENNETH B. STERBENZ RAYMOND C. LEUNG BRIAN J. TANAKA JEFFREY M. VICARIO TODD A. LIBBY DONALD I. TENNEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANTHONY C. LITTMANN RYAN T. TEWELL TO THE GRADE INDICATED IN THE UNITED STATES NAVY ABDEL I. LOPEZ PATRICK C. THIEN UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL J. MAJEWSKI JOHN A. THOMPSON DAVID R. MARKLE GREGORY S. THOROMAN To be captain ERIK M. THORS BOBBY MARKOVICH JEFFREY J. CHOWN MATTHEW J. THRASHER ERIC L. MASON THOMAS M. DALL BRENT K. TORNGA NICOLE L. MAVERSHUE DARREN T. JONES BRIAN L. TOTHERO ANTOINETTE M. MCCANN ANTHONY S. KELLY JOHN E. TURNER, JR. SCOTT C. MCCLELLAND DEMICHAEL T. MORGAN TIMOTHY T. URBAN WILLIAM R. MCCOMBS BRET A. WASHBURN LOUIS M. MCCRAY DANIEL W. VALASCHO CARLOS A. MEDINA RANDY J. VANROSSUM THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY A. MELODY GABRIEL A. VARELA TO THE GRADE INDICATED IN THE UNITED STATES NAVY LEONARD H. J. MILLIKEN DENNIS J. VIGEANT UNDER TITLE 10, U.S.C., SECTION 624: PETER T. MIRISOLA MATTHEW I. WEBER To be captain DANIEL D. MOORE MICHAEL L. WEELDREYER TODD D. MOORE RICHARD H. WEITZEL BROOK DEWALT EVAN L. MORRISON CHRISTOPHER K. WELLS PHILIP R. ROSI II ROBERT R. WILLIAMS JONATHAN R. MURPHY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARGARET V. WILSON BRIAN T. MUTTY TO THE GRADE INDICATED IN THE UNITED STATES NAVY HUGH E. WINKEL DEREK A. NELSON UNDER TITLE 10, U.S.C., SECTION 624: MATTHEW D. NORRIS NATHAN S. YORK THEODORE J. NUNAMAKER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be captain CHRISTINE R. OCONNELL TO THE GRADE INDICATED IN THE UNITED STATES NAVY AARON C. HOFF DAVID M. ODEN UNDER TITLE 10, U.S.C., SECTION 624: BRIAN P. OLAVIN JENNIFER R. MILLS JUSTIN P. ORLICH To be captain RAYMOND P. OWENS III ERIN P. OSBORNE JOHN M. TULLY MICHAEL B. BILZOR PAUL R. PAMPURO JOSEPH C. FORAKER III WILLIAM A. PATTERSON f RICHARD G. MCGRATH, JR. BRYAN S. PEEPLES JOSEPH J. MCINERNEY ANDREW M. PENCE MATTHEW A. TESTERMAN WITHDRAWAL SAMUEL E. PENNINGTON WILLIAM C. PENNINGTON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT Executive Message transmitted by WILLIAM A. PERKINS TO THE GRADE INDICATED IN THE UNITED STATES NAVY MIKAL J. PHILLIPS UNDER TITLE 10, U.S.C., SECTION 624: the President to the Senate on May 11, KEVIN PICKARD, JR. To be captain 2016 withdrawing from further Senate JOHN T. PITTA DAVIDTAVIS M. POLLARD PAUL D. CLIFFORD consideration the following nomina- MATTHEW T. POTTENBURGH PATRICK A. CROLEY tion: MICHAEL E. RAY CHARLES W. EHNES KEVIN K. ROACH DANIELLE N. GEORGE SETH B. CARPENTER, OF THE DISTRICT OF COLUMBIA, CHRISTOPHER A. ROBERTO JOSEPH J. KELLER TO BE AN ASSISTANT SECRETARY OF THE TREASURY, GREGORY G. ROBERTS DAVID S. KUHN VICE MATTHEW S. RUTHERFORD, RESIGNED, WHICH WAS EDWARD J. ROBLEDO CARA G. LAPOINTE SENT TO THE SENATE ON FEBRUARY 12, 2015.

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