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

Vol. 162 WASHINGTON, THURSDAY, FEBRUARY 25, 2016 No. 30 House of Representatives The House met at 10 a.m. and was The benefits of CCS are bringing the bombers—which have not been used called to order by the Speaker pro tem- folks who do not traditionally work to- in 65 years, have been unable to help us pore (Mr. HARDY). gether to the same table for the better- with the military challenges that we f ment of our Nation’s energy security. face now in the Middle East and are Often people believe they are forced going to consume huge sums of money DESIGNATION OF SPEAKER PRO to choose between supporting economic in this hopelessly redundant program. TEMPORE development or environmental stew- It is dangerous because of the cuts in The SPEAKER pro tempore laid be- ardship. However, this bill is evidence the nuclear nonproliferation program fore the House the following commu- that that is a false choice. Above all, of over $100 million. I mean, these are nication from the Speaker: CCS serves as a testament to the entre- real threats to our security. preneurial spirit and gumption found WASHINGTON, DC, We are battling ISIS now. They have throughout this great country. February 25, 2016. already obtained some low-grade nu- I hereby appoint the Honorable CRESENT In Texas District 11, I have seen this clear material in a facility near Mosul. HARDY to act as Speaker pro tempore on this innovative spirit daily. These projects We have had a few nuclear weapons day. will play an important role in west gone missing and other nuclear mate- PAUL D. RYAN, Texas’ and our Nation’s future energy rials unaccounted for or stolen. Speaker of the House of Representatives. portfolio. f I hope my colleagues will join me in We need to have these proven pro- grams to reduce the inventory, track it MORNING-HOUR DEBATE supporting this important legislation. f down, and take it out of circulation. The SPEAKER pro tempore. Pursu- We should be expanding them, not cut- ant to the order of the House of Janu- DEFENSE AUTHORIZATION AND ting them back. It continues an overall ary 5, 2016, the Chair will now recog- APPROPRIATIONS trillion-dollar spending that we are nize Members from lists submitted by The SPEAKER pro tempore. The going to have on the nuclear programs the majority and minority leaders for Chair recognizes the gentleman from over the course of the next 30 years. morning-hour debate. Oregon (Mr. BLUMENAUER) for 5 min- Now, these are resources that are The Chair will alternate recognition utes. going to be at the expense of our con- between the parties, with each party Mr. BLUMENAUER. Mr. Speaker, in ventional weapons. As I mentioned, the limited to 1 hour and each Member the weeks ahead, we will be dealing nuclear triad is far more than we need other than the majority and minority with the budget resolution and we will to deter anybody in the world right leaders and the minority whip limited be dealing with defense authorization now and do not help us with the stra- to 5 minutes, but in no event shall de- and appropriations. tegic challenges that we face today. bate continue beyond 11:50 a.m. Already we have seen the administra- It is not going to prevent Russian ad- tion unveil a budget that is not only f venturism in Ukraine or Crimea, but it unrealistic, but actually could be dan- will result in our having to cannibalize CARBON CAPTURE ACT gerous. the Guard and Ready Reserve, the The SPEAKER pro tempore. The It keeps spending for all the nuclear Army that will be paying the price for Chair recognizes the gentleman from modernization on track over $3 billion, this. Texas (Mr. CONAWAY) for 5 minutes. and it includes funding for a long- Mr. CONAWAY. Mr. Speaker, this range, standoff replacement cruise mis- These are conventional forces that morning I introduced the Carbon Cap- sile, $2.2 billion in the future year de- have paid the price for the last two ture Act, which makes simple changes fense program, ultimately costing $20- decades of activities and are going to to the existing section 45Q tax credit to $30 billion, if not more, this to re- be needed for both deterrence and, God that further incentivizes carbon cap- place a cruise missile that the father of forbid, actual activity in the future. ture and sequestration projects. this device, former Secretary of De- We cannot do all of this within the cur- CCS technology will help reduce car- fense William Perry, feels is no longer rent budget horizon. bon emissions while simultaneously relevant and has argued against. The budget gimmicks ignore that. We creating jobs, bolstering domestic oil There are billions of dollars for the have a little trust fund with the over- production, and providing regulatory controversial modernization of each seas contingency account that ignores relief for our coal industry. Yes. You leg of the nuclear triad—the land-based budget realities that we are not going heard that right. missiles, submarine-based missiles, and to be able to continue in perpetuity.

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

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VerDate Sep 11 2014 00:31 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.000 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H896 CONGRESSIONAL RECORD — HOUSE February 25, 2016 We ignore the long-term costs of the Tuscarora Council of the Boy sometimes life is very complicated and budget programs for weapons, prefer- Scouts of America. sometimes things don’t work out as ring to put that off to a future admin- His dedication to business and to his you expect them to. istration and future Congresses. community were certainly highlights Many of the families that I met dur- In so doing, we are playing fast and of his long and full life. But the true ing my stay included at least one loose with the integrity of the Pen- foundation of George Jeffreys’ life was working parent, but they had fallen tagon with the resources and the mate- his family. into the gap where they earned too lit- rials that are necessary to support our His wife Lucy and his three chil- tle to make ends meet, but too much to troops now and in the future. dren—his daughters, Leigh and Ellen, qualify for other housing assistance It is not too late for this Congress to and his son Robert—and seven grand- programs. demand a spending plan, cost account- children will all remember him with Some of the residents included col- ability, kill the new cruise missile pro- love. lege-educated parents with families gram, and put us on a path of fiscal Mr. Speaker, I am honored to call that fell on hard times. Maybe a parent stability and sanity while we have ap- George Jeffreys a friend. is sick or a child is sick or a parent got propriate priorities for the military I pray for God’s blessings and God’s laid off from a job. Those families are strength and defense of our country. peace to his family. not there because they made poor f f choices. There were a series of events END HUNGER NOW that led to this. IN MEMORY OF GEORGE COLLINS One thing parents at the shelter have JEFFREYS The SPEAKER pro tempore. The in common is that they love their kids The SPEAKER pro tempore. The Chair recognizes the gentleman from more than anything and they are work- Chair recognizes the gentleman from Massachusetts (Mr. MCGOVERN) for 5 ing tirelessly to get back on their feet. North Carolina (Mr. HOLDING) for 5 minutes. The families at IHN are not charged minutes. Mr. MCGOVERN. Mr. Speaker, last rent and work with a caseworker to Mr. HOLDING. Mr. Speaker, I rise week during our district work period, I budget and save money for their own today to honor the life and work of spent the night at the Interfaith Hospi- apartments. The caseworker also helps Goldsboro’s own George Collins Jef- tality Network, a family homeless families access necessary health care freys, who passed away on January 20. shelter in Worcester, Massachusetts. or counseling, learn job skills, enroll in Born over 90 years ago, in 1925, This was my second time spending a job training or educational classes, and George lived a long and full life. The night there in recent years. assists them with other life issues. It was a wonderful opportunity to eldest of four children, he attended St. Mr. Speaker, IHN is a very special hear firsthand the stories of families Mary’s School and Oak Ridge Military place. It is a home. It is comfortable. It who are facing tough times and to see Academy in Oak Ridge, North Caro- is safe. Families prepare and eat dinner the incredible support provided by lina. During the Second World War, together. Children do their homework groups like IHN. together, color in coloring books, and George served in the Pacific. In today’s media environment, where After the war, George returned home play games. IHN provides a sense of every development in the Presidential to work in the family business, which normalcy during these times of turmoil campaign gets a breaking news banner, was originally established back in the and uncertainty for these families. it is easy to lose sight of the real issues 1890s by two prominent North Carolina With each visit to the IHN shelter in impacting real families, and homeless- families to market local produce, Worcester, I am inspired to see that ness is one of those real issues. within our community there are so chickens, seed, and eggs. The business In 2015, more than 500,000 Americans was successful. many wonderful people who care about were homeless on any given night. Of their neighbors who are going through In the 1920s, George’s father and that number, more than 200,000 were uncle took over the business, renaming difficult times and who want to get people and families and nearly 50,000 back on their feet. it Jeffreys and Sons. The two brothers were veterans. began offering beverage distribution. The volunteers and staff are incred- Even in Massachusetts, which is one ible people. Places like IHN represent After the end of prohibition, they be- of the richest States in the Nation, came a licensed distributor for An- the best of our community. There is a homelessness continues to be a chal- real need for places like this. heuser-Busch products. lenge in many of our communities. It wasn’t long before the company Too often in this Chamber I have In recent years, State budget cuts heard colleagues demonize and dispar- had grown so big that it was divided have led to a record number of home- into separate seed, beverage, and cabi- age America’s poorest families, but less children in Massachusetts, and the those who are homeless don’t fit into a net companies. It continued growing overall uptick in homelessness has led and expanding in Goldsboro, Green- stereotype. to overcrowding in shelters, with thou- Every family faces different chal- ville, and other communities. sands of families being turned away. Today, R.A. Jeffreys Distributing lenges. It is hard work to be poor in In the richest country on the planet, America. The families I met are work- Company is the oldest Anheuser-Busch it is simply astonishing that anyone is distributor in North Carolina as well as ing hard for a better life for their kids. homeless, but the fact is this continues We should be helping them get back one of the oldest family-owned dis- to be a persistent problem. Fortu- on their feet, not kicking them while tributors in the United States. nately, there are amazing organiza- they are down. Certainly we should not R.A. Jeffreys Distributing Company tions like the Interfaith Hospitality be indifferent to their struggles. services almost every grocery store, Network that are making a difference. To help more of these families get convenience store, and restaurant in IHN works in partnership with the ahead, we must do more at the na- the area, supplying 36 counties in faith community to provide shelter and tional level to strengthen the social North Carolina. assistance to families with children safety net and to better address home- Now, George Jeffreys was not only who are homeless. Their primary goals lessness, food insecurity, poverty, and respected as a business leader. He was are to assist families by increasing many other issues which deserve to be a thoughtful and generous member of their income and to help them secure front and center. his community, volunteering and con- permanent housing while providing Looking at the big picture, we need tributing to local schools, Scout critical support services necessary for to be talking about how we can make troops, churches, and community pro- them to succeed. sure that work pays enough so that all grams. It is a community bed shelter that working families can afford rent and a In addition to his company being rec- provides private bedrooms and shared place to live and be able to put food on ognized multiple times as an out- quality living areas for six families at the table for their kids. standing wholesaler by Anheuser- a time who are homeless, but don’t Busch, receiving the Dimensions of Ex- qualify for State-funded shelters. b 1015 cellence Award, George also received One of the points that the people I We might start by increasing, at long the Distinguished Service Award from met made very eloquently was that last, the Federal minimum wage so

VerDate Sep 11 2014 00:31 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.042 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H897 that it is a livable wage. If you work in create jobs to ensure a future for West stands what SAM JOHNSON endured bet- this country, you ought not to be poor, Virginians in West Virginia. ter than Senator JOHN MCCAIN. Andrew and you certainly ought not to be f Young will be speaking on behalf of homeless. JOHN LEWIS. He was alongside of JOHN TWO GREAT AMERICAN HEROES Mr. Speaker, in the richest country LEWIS during that historic march. No on the planet, I know we can do more The SPEAKER pro tempore. The one knows better what they endured. to solve homelessness. Spending the Chair recognizes the gentleman from We are so fortunate to both have the night at the Interfaith Hospitality Net- Connecticut (Mr. LARSON) for 5 min- Library of Congress but also to have work was a learning experience. I en- utes. David Rubenstein, who will be there, courage all of my colleagues to do the Mr. LARSON of Connecticut. Mr. who will conduct an interview that same in their districts. Speaker, I rise today to commend the evening with SAM JOHNSON and JOHN Those of us who serve in Congress are Bipartisan Policy Center for the estab- LEWIS. It will be a wonderful evening, blessed that we don’t have to worry lishment of the Congressional Patriot made more special by what the Library about whether or not we will have a Award and naming SAM JOHNSON and of Congress will present in terms of roof over our heads on any given night, JOHN LEWIS as its first recipients. what transpired 50 and 51 years ago re- but there are many families, too many I can think of no two people who are spectively, but made greater by the families all throughout this country more deserving than SAM JOHNSON and presence of everybody here recognizing who do. We need to do a better job of JOHN LEWIS, both of whom serve in this the great contribution of our col- listening to their stories, of trying to Chamber with distinction, both of leagues, SAM JOHNSON and JOHN LEWIS. I look forward to having everybody lend a helping hand so that they can whom I have the honor of serving with on March 15 at the Library of Congress get out of their difficult situation and on the Committee on Ways and Means who do an extraordinary job on behalf to recognize these two great American move on to a better life. heroes. I urge my colleagues to listen to of the citizenry of this great Nation. what I said today and to do what I did For all of our membership here, we can f and spend a night in a shelter in their all be proud to say that we served with HISTORIC ROSENWALD SCHOOLS own district. both SAM JOHNSON and JOHN LEWIS. The SPEAKER pro tempore. The I want to thank and commend TOM f Chair recognizes the gentleman from COLE, my co-chairman in this effort, on STACIE WALLS STORY Arkansas (Mr. HILL) for 5 minutes. behalf of our two esteemed colleagues. Mr. HILL. Mr. Speaker, for recently The SPEAKER pro tempore. The By now every Member should have re- freed African Americans, education de- Chair recognizes the gentleman from ceived, and the public will become in- nied to them under slavery was a crit- West Virginia (Mr. JENKINS) for 5 min- creasingly aware of, an invitation to ical component of understanding free- utes. this event on March 15. The event will dom. Mr. JENKINS of West Virginia. Mr. be held at the Library of Congress. In the wake of the Civil War, with Speaker, the war on coal touches every What a fitting place for us to honor our the widespread awareness that edu- family in my home State of West Vir- colleagues. The Library will have on cation was essential to the advance- ginia. Whether you are a miner or not, display photos and documents from the ment of a free people in this society, you feel the consequences of this ad- Vietnam war and photos and docu- African Americans flocked to schools ministration’s regulations that are ments from the civil rights movement. established by the Freedmen’s Bureau. shutting down our coal mines. It was 50 years ago that SAM JOHNSON The recognition of this relationship Closing a coal mine doesn’t just af- was shot down over Vietnam. It was 51 between schools, community, and the fect a miner and his family. It affects years ago that JOHN LEWIS made that broader ideal of the American Dream everyone in the community, from the historic trek from Selma to Mont- led African American parents and small town mom-and-pop stores who gomery and crossing over the Edmund teachers to be among the first South- depend on customers, to our schools Pettus Bridge. Most people don’t real- erners to advocate for universal public that depend on tax revenue. A decline ize today that SAM JOHNSON was im- education. in coal hurts us all. prisoned by the Vietcong for 7 years, 42 However, the dual education system Stacie Walls contacted me. She is a months of which he spent in solitary that arose, determined by race and wife of a coal miner and a mother in confinement, nearly beaten to death based on the fiction of separate but Boone County. She sees the con- but never said a word. What an incred- equal, brought about a hand-me-down sequences firsthand. ible American. approach to Black education in the Here is what she wrote me: ‘‘My hus- JOHN LEWIS, nearly beaten to death South. This flawed duality resulted in band has been laid off four times since by the Alabama police as he had the te- the perpetuation and exacerbation of last April. merity to lock arms and cross the Ed- institutional inequity. In the face of such obstacles, leaders ‘‘Because of the war on coal, my mund Pettus Bridge, faced with un- like Booker T. Washington, founder of county is closing my son’s school due daunted courage an unwelcoming the Tuskegee Institute, embraced and crowd who could never deter the will of to not having the coal tax to help keep expanded on the early belief in edu- it opened. a movement that he is so identified cation as the great hope of a truly ‘‘My son’s education is now going to with. democratic society. suffer because of the war on coal. I’ve To have the Bipartisan Policy Center Washington’s vision inspired many, watched many families leave the State recognize a conservative, a progressive, including philanthropist and president because they must find work. a Republican, a Democrat, people who of Sears, Roebuck, Julius Rosenwald. ‘‘There are more ‘for sale’ signs up served this Nation extraordinarily with The philanthropic and educational than there are kids riding their bikes.’’ their patriotism long before they ever partnership between these two men led This, Mr. Speaker, is Stacie. This is got here, to have a medal named in to the construction of 5,000 Rosenwald Stacie’s family. These are the true their honor and to present that once in schools across 15 Southern States. In faces of the war on coal. a biennium to deserving Members of Arkansas, 389 school buildings were West Virginia’s families deserve this body, past and present, is a great constructed in 45 of our 75 counties, peace of mind. It is time for the EPA to notion. with communities pooling their often get off the backs of West Virginians It demonstrates to the American peo- meager resources to fulfill Rosenwald’s and let them do the work that powers ple that at the end of the day it is not pledge to match their contribution. our Nation and puts food on our tables. about conservative or liberal or it is For many, these buildings were not I am working every day in Congress not about Democrat or Republican, it simply schools but monuments to for our coal families, for all families. I is about the great nation that we serve. Black achievement and symbols for an believe in the future of West Virginia There are no more exemplary figures ardent hope in a better future. Rosen- coal. than SAM JOHNSON and JOHN LEWIS. wald schools contributed to the edu- President Obama must stop his war JOHN MCCAIN will be presenting on cation of thousands of African Amer- on coal, and we must pass policies that behalf of SAM JOHNSON. No one under- ican students across the American

VerDate Sep 11 2014 00:31 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.005 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H898 CONGRESSIONAL RECORD — HOUSE February 25, 2016 South, including notable figures like over 40 million people in California, we nearly 1.1 trillion gallons of water. To Arkansas poet Maya Angelou and our have more intensive agriculture, pro- put that number in context, an average own esteemed colleague and friend, the ducing half the Nation’s fruits and American family uses around 400 gal- gentleman from Georgia (Mr. LEWIS). vegetables—the leading agricultural lons of water a day. In 1954, with the U.S. Supreme Court State in the Nation—and demands for My point is that only a small amount decision in Brown v. Board of Edu- water for the environment that was not of water is being pumped out of the cation, to which Julius Rosenwald con- part of the project in the beginning. delta to move south for the San Joa- tributed one-third of the litigation I have made and will continue to quin Valley to assist the farm commu- costs, his carefully crafted schools be- make it a priority to speak on the nities, as well as for southern Cali- came obsolete. In Arkansas, the ten- House floor regularly regarding the fornia. We have yet to recover from the sions behind this great achievement devastating drought impacts and will devastating impacts of the drought played out in the tumultuous 1957 Lit- attempt to offer solutions both for the over the last 4 years, even though we tle Rock Central High crisis. The cou- State and Federal agencies to maxi- have got more water this year as a re- rageous determination of the Little mize our ability to move water through sult of the El Nino conditions. Rock Nine hearkens back to that fun- the system where it is most needed to The U.S. Bureau of Reclamation an- damental belief in education equals ensure that we also make the changes nounced recently that, even with well- freedom. at the Federal level and at the State above average rainfall, reservoirs in This is the continuing legacy of level to fix this magnificent but broken California are still below the 15-year Washington, of Rosenwald, and the water system today that no longer can average for this time of year, and there countless parents and teachers who meet all of the demands and needs that is no Federal water stored in a major were determined to give future genera- are subscribed for it. reservoir, the San Luis Reservoir, for tions the means of mobility, economic the San Joaquin Valley that would be b 1030 advancement, opportunity. available for water this summer. In 2002, the National Trust for His- Protecting and securing a reliable Yet, this week, we were devastated to toric Preservation listed Rosenwald water supply in the San Joaquin Valley hear that the Bureau of Reclamation is schools as one of America’s most 11 en- is arguably the most important issue releasing 200,000 acre-feet out of Fol- dangered places. Today in Arkansas, facing the region of 4 million people som Lake because of flood control pur- only 18 of those original school build- that I, along with four of my other col- poses. We are not moving that water— ings remain. One of those remaining leagues, represent. We worry every day not even 100,000 acre-feet—through the buildings is in the Second Congres- about job security and the future suc- system. That is just not right. This is sional District. The only Rosenwald cess of the San Joaquin Valley’s econ- directly due to the unwillingness of school to be built in Perry County, the omy, which are directly dependent State and Federal agencies to pump Bigelow Rosenwald School, was con- upon our access to a reliable and secure water at the maximum levels based the structed in 1926. supply of water that is of high quality. biological opinions that many of us be- After 38 years of service toward edu- The people of the valley and the entire lieve are flawed because the science is cation, the Bigelow Rosenwald School State of California have been directly at least 10 years old. was transformed into a community impacted by this devastating drought While weather patterns have had a center. With a revival of interest in in one way or another. great impact on the delivery of water and knowledge about the schools, ef- There are many examples of how the over the last 4 years, it has only been forts are being formed around the San Joaquin Valley, a place I rep- one of the impacts. We must make a country to restore these embodiments resent, has been impacted: difference. We must fix this broken of our history. Over 6,000 acres of productive agricul- water system. I will continue to update Aviva Kempner’s documentary tural land has been fallowed, the Members of the House on the chal- ‘‘Rosenwald’’ pays tribute to the man, unplanted. lenges we face and on legislation that his work, and the rippling impact on The land in the San Joaquin Valley is important to do just that. is subsiding because, out of devastating the evolution of African American edu- f cation in our country. need, families are drilling deeper wells As we celebrate Black History to meet their everyday needs to keep HONORING ALLAN BOWLES ON HIS Month, I rise to recognize how far we what land they can in production and RETIREMENT have come, how far we still must tra- permanent crops irrigated, and farmers The SPEAKER pro tempore. The verse, and pay a special salute to Ju- are pumping groundwater at Chair recognizes the gentleman from lius Rosenwald and his contributions unsustainable rates to avoid the cata- Illinois (Mr. DOLD) for 5 minutes. to the advancement of education. strophic impacts of pulling out hun- Mr. DOLD. Mr. Speaker, on the occa- f dreds of millions of dollars’ worth of sion of his retirement on February 29, permanent crops. 2016, I rise to thank Allan Bowles for THE EXTENDED DROUGHT IN Unemployment in the San Joaquin over 32 years of outstanding service to CALIFORNIA Valley is twice as high as the rest of the United States House of Representa- The SPEAKER pro tempore. The the country; and in 2015 alone, Cali- tives. Chair recognizes the gentleman from fornia lost $2.2 billion as a result of the Allan began his career in the labor California (Mr. COSTA) for 5 minutes. drought. division on September 1, 1983. Shortly Mr. COSTA. Mr. Speaker, I rise today These devastating impacts have after that, he worked as a storeroom to bring attention again to the dev- brought many of us to pray for rain clerk. Not long after that, he made his astating drought that has impacted and snow in the mountains, but that is way into the cabinet shop and began California for over 4 years. not enough. We need to fix this broken his rapid assent through the ranks Much is said about California and the water system. from apprentice to journeyman cabi- success that we have had post-World While we will continue to hope for netmaker. War II, but a lot of it is owed to the the El Nino year to bring additional He can be proud of the many projects fact that we have developed a water rainfall amounts that are significantly that were successfully completed dur- system, both a Federal and State water greater than average, we know that ing his tenure. Some of these projects project, that allows us to move water that is not enough. include custom cabinets made for throughout California for beneficial With above-average rainfall and snow Speaker Wright and Members in lead- use to every region of California, and in the mountains, San Joaquin Valley ership, such as Mr. HOYER, Mr. Army, that has been a great success. communities and farmers can now rest and Ms. PELOSI. But today that water system is bro- easy; right? Sadly, no. Since October 1, Allan’s list of accomplishments is in- ken. It is broken because it was de- 2015, over 3.4 million acre-feet of water deed long. In over 32 years, he has pro- signed to meet the needs of 20 million has gone out into the ocean. That is duced some of the most exemplary and people and the agriculture that we had water that could be used in the valley useful projects, many of which are still in the 1960s and 1970s. Today we have and in southern California. This is being utilized today.

VerDate Sep 11 2014 00:31 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.006 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H899 Allan’s cabinetmaking expertise and making experience to staff and cowork- The Dads Club at Jackson is very ac- craftsmanship are evident in his body ers so that they can continue the ex- tive and sponsors a number of family of work. He has worked tirelessly tremely high standards of quality events such as the annual basketball alongside other House employees to craftsmanship that have come to be ex- fundraiser, family skate night, the make the House more secure following pected of the House cabinet shop. Upon daddy-daughter dance, and a number of the events of September 11 and the an- his retirement, he plans to use his ex- other ways for dads to be involved. thrax incident of 2001. traordinary talents continuing to The Andrew Jackson Language Acad- His reputation in the shop for light- make beautiful, one-of-a-kind pieces of emy has a very strong and actively en- hearted humor and quick wit made for furniture for the private sector. gaged local school council. Its chair- long-lasting friendships and camara- On behalf of the entire House com- person is Ms. Angela Bryant; principal, derie in the shop. He brought a unique munity, I extend our congratulations Ms. Marilou Rebolledo; secretary, Ms. brand of comedy and teamwork to the to Anthony for his many years of dedi- Margaret Kempster; members, Mr. cabinet shop, which serves the House cation and outstanding contributions Kevin Lopez, Ms. Mary Clare Maxwell, from behind the scenes. to the United States House of Rep- Ms. Tara Roden, Mr. Jeff Sadoff, Mr. He made a long-term commitment to resentatives. I am honored to call him Luis Oviedo, and Mr. Stephen Smith. excellence and improved services to the a friend, and I wish him all the best in The parents council at Jackson Lan- House community. In addition, Allan’s the years to follow. guage Academy is actively engaged and dedication to his craft and customer f involved, led by Heather Alvarez, presi- service skills made him an extremely dent; vice president, Rubi Alvarez; re- valuable member of the service team. TRIBUTE TO ANDREW JACKSON cording secretary, Emerlie Ilarde; Vir- Allan has dedicated his life to making LANGUAGE ACADEMY gil Nita; and treasurer, Pamela Alfaro. the CAO and the United States House The SPEAKER pro tempore. The of Representatives a better place. Chair recognizes the gentleman from I commend and congratulate all of After his retirement from the House, Illinois (Mr. DANNY K. DAVIS) for 5 min- those who work to make and keep the he plans to enjoy country living, fish- utes. Andrew Jackson Language Academy ing, and hunting. He also plans to keep Mr. DANNY K. DAVIS of Illinois. Mr. the great Chicago public school that it busy working in his own shop in south- Speaker, I rise to highlight and pay is. ern Maryland. tribute to one of Chicago’s most effec- Someone—perhaps a philosopher— On behalf of the entire House com- tive public schools, the Andrew Jack- once said: It takes great souls to make munity, I extend our congratulations son Language Academy. great schools. We thank all of those to Allan Bowles for his dedication and Andrew Jackson was opened in 1894 who have been involved in making the outstanding contributions to the to serve children from the crowded ten- Andrew Jackson Language Academy United States House of Representa- ement community surrounding the the great school that it is. It takes tives. We wish him many wonderful Polk Street station, a port of entry for great souls to make great schools. years in fulfilling his retirement immigrants. That very same year, one dreams. of the first public school kindergartens f HONORING ANTHONY THOMPSON ON HIS was established in Chicago. Since 1981, RETIREMENT this school has offered foreign language A FALLEN OFFICER REMEMBERED Mr. DOLD. Mr. Speaker, on the occa- instruction to its students. sion of his retirement on March 3, 2016, In 1988, Andrew Jackson Language The SPEAKER pro tempore. The I rise to thank Anthony Thompson for Academy moved into a new, up-to-date Chair recognizes the gentleman from over 34 years of outstanding service to facility. The building is equipped with Minnesota (Mr. EMMER) for 5 minutes. the United States House of Representa- science and computer labs, a library, Mr. EMMER of Minnesota. Mr. tives. media center, and a large outside area Speaker, I rise today in remembrance Anthony began his career with the for play and gardening activities. of fallen St. Joseph, Minnesota, police House, in November 1981, as an appren- Today 550 students from diverse ra- officer Brian Klinefelter. It has been 20 tice cabinetmaker in the House cabinet cial, ethnic, and religious backgrounds years now since Brian was killed in the shop. Over the next 34 years, he was attend the school. Students at Jackson line of duty, and this loss is still felt in promoted to various positions, to in- receive extensive instruction in Chi- our community today. nese, French, Italian, Japanese, and clude lead cabinetmaker, or ‘‘third On a cold night in January, Officer Spanish. The curriculum not only em- man’’; assistant foreman; and eventu- Klinefelter was nearing the end of his phasizes the skill of understanding and ally became manager of the House cab- shift when he heard of an armed rob- using these languages, but also intro- inet shop. His accomplishments are far bery over the radio dispatch and de- duces students to the geography, his- too lengthy to list in this tribute; how- cided to help his fellow officers pursue tory, and tradition of other cultures. ever, there are two examples of his con- the robbers. Not long after, Officer As a result, students are more ade- tributions that are worthy of recogni- Klinefelter was tragically shot and quately prepared for the international tion. killed in his brave attempt to protect Anthony designed and constructed marketplace and for success in the 21st his colleagues and the community he the first offsite House floor furniture century. loved. set which may be used, heaven forbid, The Andrew Jackson Language Acad- in the event that the House Chamber is emy is a well-organized, safe, and or- The men and women in blue are some unavailable for use. He has been instru- derly school with an excellent student of the finest this Nation has to offer, mental in the design and construction code of conduct, and the dress code has and Officer Brian Klinefelter is proof of of all the succeeding sets of furniture been developed to promote a suitable that. Every morning they put on their as well. learning environment. It has a wealth uniforms, not knowing if they will He was also involved in the design of school spirit, which is promoted safely return to their loved ones at the and construction of the House floor through the Merit Club, family reading end of the day. The sacrifices they stenographer’s table that sits to my night, Project Backpack for the Home- make are done because of their selfless right. The table was designed with new less, musical performances, student love of country, community, and neigh- technology in mind, while still match- ambassadors, Big Sisters and Big bors. ing the original design, look, and feel Brothers, a Chinese painting workshop, The night Brian was killed, he left of the existing dais. and the Weigi workshop. French and behind his wife, Wendy; his newborn On a more personal note and equally Italian shops are ongoing. Japanese daughter, Katelyn; along with numer- worthy of recognition, Anthony has students are learning to work in class, ous family members and friends. dedicated his life to making the CAO and Spanish students from kinder- Wendy and Katelyn, we haven’t forgot- and the United States House of Rep- garten through eighth grade are work- ten you, and we have not forgotten resentatives a better place. He has ing hard on building their Spanish Brian—the incredible life he lived and passed along his many years of cabinet- skills. the brave sacrifice that he made.

VerDate Sep 11 2014 00:31 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.007 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H900 CONGRESSIONAL RECORD — HOUSE February 25, 2016 b 1045 We call it the budgeting process; and it PRAYER FREE HOUSTON METRO HOT LANE is an act of Congress and the adminis- The Chaplain, the Reverend Patrick ACCESS FOR DISABLED VETERANS tration, we hope, working together. J. Conroy, offered the following prayer: That is the time that the Congress Merciful God, we give You thanks for The SPEAKER pro tempore. The works on the plan for the American Chair recognizes the gentlewoman from giving us another day. people; and it is, of course, the time As we meditate on the blessings of Texas (Ms. JACKSON LEE) for 5 minutes. when the President works on the plan Ms. JACKSON LEE. Mr. Speaker, life, we especially pray for the blessing for the American people. It includes re- of peace in our lives and in our world. this morning I spent some time, and ports like this, an economic report of last evening, communicating with As You have created each person, we the President. It includes the budget, pray that You would guide our hearts leaders of my transit system, Houston which is the roadmap for the American METRO, that has received numerous and minds that every person of every people. place and background might focus on awards; and I applaud them for work- Let me be very clear. We are all ing very hard, sometimes against odds, Your great gift of life and so learn to elected; but there is one person—in this live in unity. to provide mobility for the great citi- instance, one man—that has been zens of the Houston, Harris County, May Your special blessings be upon elected by all of the people, and he has the Members of this assembly in the metroplex area. submitted a budget. I had a particular beef, or a par- important, sometimes difficult, work I would not ever imagine in my ten- they do. Give them wisdom and charity ticular issue, that we have been work- ure in Congress that we would have ing on since last November, and that is that they might work together for the this Congress overlook a 41-year tradi- common good. to give disabled veterans in this very tion for the American people, on their vast territory of Texas the ability to May all that is done this day in the behalf, whether you are for it or people’s House be for Your greater ride on what we call the HOT lanes for against it: the right of the representa- free. honor and glory. tive of the President, in this instance, Amen. My premise is simple. When we ask Shaun Donovan, the President’s Budg- our men and women in the United et Director, to make his presentation f States to put the uniform on, we ask, before the United States Congress. THE JOURNAL with no qualifications, meaning no re- If I were not standing on this floor, straints, that they are expected to de- The SPEAKER pro tempore. The Mr. Speaker, I might simply break Chair has examined the Journal of the fend the United States to the utmost. down and cry, because I love this insti- In the course of that, some fall in bat- last day’s proceedings and announces tution. I love the constitutional proc- to the House his approval thereof. tle, lose their lives, or are veterans esses documented in the Constitution who ultimately come to their demise Pursuant to clause 1, rule I, the Jour- of the three separate branches of gov- nal stands approved. by their age and illnesses. Therefore, I ernment. We have often disagreed, but think it is enormously important that, we have and should never disrespect. f when they make a request that helps G. William Hoagland, who was the PLEDGE OF ALLEGIANCE them in their mobility, whether it is to Republican staff director at the Senate The SPEAKER pro tempore. Will the doctors’ offices and family or going Budget Committee for much of the gentleman from Pennsylvania (Mr. back to school, there should be no bar- 1980s and 1990s, now senior vice presi- FITZPATRICK) come forward and lead riers, no restraints. dent of the Bipartisan Policy Center, the House in the Pledge of Allegiance. So today my METRO board is meet- could not recall a year, since the Mar- Mr. FITZPATRICK led the Pledge of ing, and I made contact again, as I did tin budget process took effect in the Allegiance as follows: this past week, with the committee, 1970s, when a President’s Budget Direc- late into the night, to say that there tor was not invited to testify, Repub- I pledge allegiance to the Flag of the should be no delay, no barrier in allow- lican or Democrat. United States of America, and to the Repub- ing those lanes to be used for free by lic for which it stands, one nation under God, While the last budget of an outgoing indivisible, with liberty and justice for all. disabled vets. President is usually aspirational and I want this in the RECORD because I sets a tone for what he or she hopes f will pursue and persist, even to the ex- will be followed up by, it is not and has tent that an emergency board meeting ANNOUNCEMENT BY THE SPEAKER not been a time to not see the Presi- will need to be called. There just sim- PRO TEMPORE dent’s budget. The President’s budget ply is no reason to delay. November, The SPEAKER pro tempore. The is good for education and job creation December, January, February, and Chair will entertain up to 15 requests and national security, and it does not near March, there is no reason to for 1-minute speeches on each side of cut, as the Republican budget does, Mr. delay. the aisle. Speaker, 46 percent in education. I am waiting for the decision, and I Where is our collegiality? f will look forward to the Disabled Vet- Shame on us. Let the President’s erans of America and others reaching TEAM VERMILLION’S EFFORTS TO man speak on the budget. out to my office so that together, col- BEAT LEUKEMIA AND lectively, we can make sure that not f LYMPHOMA ARE A FITTING only does this happen in Houston, TRIBUTE TO STEVE VERMILLION Texas, but that it be a policy across RECESS (Ms. ROS-LEHTINEN asked and was America. The SPEAKER pro tempore. Pursu- given permission to address the House We should find a way to be able to as- ant to clause 12(a) of rule I, the Chair for 1 minute and to revise and extend sist those who have willingly, without declares the House in recess until noon her remarks.) any hesitancy, and unselfishly, put on today. Ms. ROS-LEHTINEN. Mr. Speaker, I the uniform. Accordingly (at 10 o’clock and 50 rise today to recognize the legacy of a RESPECT FOR THE THREE BRANCHES OF minutes a.m.), the House stood in re- dear friend and long-time public serv- GOVERNMENT cess. ant, Steve Vermillion, who passed Ms. JACKSON LEE. Mr. Speaker, I f away in 2012 from acute myeloid leu- want to turn the attention of my col- kemia. leagues to another issue of justice, and b 1200 Steve began his career here in the that is the fair existence of and respect House in 1986, working for colleagues for the three branches of government. AFTER RECESS like JIM SENSENBRENNER and Lincoln This involves vets and nurses and The recess having expired, the House Diaz-Balart. He was a strong defender schools and school teachers and fami- was called to order by the Speaker pro of democracy and human rights, espe- lies across America. It is a process that tempore (Mr. GRAVES of Louisiana) at cially when it came to U.S. policy to- the Congress goes through every year. noon. ward Cuba, and he helped cofound the

VerDate Sep 11 2014 00:31 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.009 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H901 Congressional Hispanic Leadership In- regard for law and the Constitution. law, including the exact cost and loca- stitute. We should support our troops by giving tion of an alternate detention facility. Team Vermillion, led by his son Joe, them a clear mission and a clear strat- On the same day that the President has committed to raising funds to sup- egy to protect American families. announced his plan, Spanish and Mo- port the Leukemia and Lymphoma So- While I am disappointed that the roccan police arrested four suspected ciety through February 27. Team President has failed to submit a strat- members of a jihadi cell that sought to Vermillion’s efforts are a fitting trib- egy, we cannot be surprised, after he recruit fighters for Islamic State, in- ute to a good man who sought to help dismissed ISIL as the JV team. He cluding one individual described as a lift others throughout his life. claimed ISIL was contained just 1 day former Guantanamo detainee who once Steve, you are greatly missed, but before the Paris slaughter, and he in- fought with militants in Afghanistan. you will never be forgotten. correctly assured Americans to be con- President Obama’s stubborn insist- f fident just as the mass murder was be- ence on fulfilling an ill-advised cam- ginning in San Bernardino by ISIL ter- paign promise to close the detention RECOGNIZING THE LIFE OF EARL rorists. facility at Guantanamo Bay distracts THOMAS BROWN In conclusion, God bless our troops, from ongoing threats to American na- (Mr. BUTTERFIELD asked and was and may the President, by his actions, tional security and highlights the fail- given permission to address the House never forget September the 11th in the ures of his foreign policy agenda. for 1 minute.) global war on terrorism. f Mr. BUTTERFIELD. Mr. Speaker, I f rise today to recognize the life and AFRICAN AMERICAN POVERTY work of Attorney Earl Thomas Brown RECOGNIZING AWARD-WINNING (Ms. LEE asked and was given per- of Greenville, North Carolina, who this ARTIST HARRY DAVIS mission to address the House for 1 past Saturday tragically died in a one- (Ms. ADAMS asked and was given minute.) car collision at the age of 64. permission to address the House for 1 Ms. LEE. Mr. Speaker, as chair of the Attorney Brown was a native of minute.) Democratic Whip Task Force on Pov- Edgecombe County, though he lived Ms. ADAMS. Mr. Speaker, I rise erty, Income Inequality, and Oppor- and worked in the city of Greenville. today during Black History Month to tunity, I rise to commemorate Black He was an extraordinary lawyer. Dur- recognize a fellow North Carolina art- History Month and highlight the dis- ing my years as a Superior Court ist and living legend, Harry Davis. proportionate impacts of poverty on judge, Earl appeared before my court Originally from Wilmington, North the African American community. on many occasions. He treated each Carolina, Harry Davis’ natural talent Sadly, our Nation has a long history case as unique, exceptional in his was evident from his early drawings. of individual and institutional racism, scholarship, compassionate for his cli- After serving our Nation in the U.S. from slavery and Jim Crow to redlining ents. Army, an accidental shooting left him and overpolicing. This has locked At the time of his passing, Attorney permanently confined to a wheelchair, many, many families out of opportuni- Brown was a candidate for District which led him to turn to oil painting as ties, even with the enormous progress Court judge, a position he wanted to a means of expression and therapy. that we have made with our great civil achieve so very much. Not only was Self-taught artist Harry Davis’ at- rights leaders and foot soldiers whom Earl an exceptional lawyer, but a man tention to detail and the use of bold we honored yesterday. of faith and a strong patriarch for his and brilliant hues and compositional These deplorable disparities and in- family. precision have captivated audiences equalities continue at every level of He is survived by his wife, Dr. Hazel around the country. our society. For example, the African J. Brown; a son, Attorney Derek An award-winning artist who has American poverty rate is 26 percent, Brown; a daughter-in-law, Joni Marie; gained national recognition, Davis’ nearly triple the poverty rate of White and grandchildren, Austin, Alanna, and work is in private collections of more Americans. One in three African Amer- Myles. He is also survived by his be- than a dozen actors, actresses, and pub- ican children lives in poverty. loved mother, Mrs. Anna Brown, and lic figures. The unemployment rate in the Afri- many other relatives and friends too He has received many honors can American community is more than numerous to mention. throughout the country since the 1970s, 8 percent, twice the unemployment Mr. Speaker, I ask my colleagues to including best of show in the New Orle- rate of White Americans. The median join me today in celebrating the life ans Jazz & Heritage Festival and fea- wealth of White households is 13 times and work of a great American, Attor- tured artist for the Greensboro African the median wealth of African American ney Earl Thomas Brown. American Arts Festival. households, the widest gap since 1989. f Harry Davis has also worked tire- Poverty doesn’t just hurt African lessly to share his love for the arts and American families. We know that com- PRESIDENT OBAMA IS IGNORING African culture with students through- munities of color are two times more THE LAW out North Carolina. We applaud him on likely to live in poverty and too many (Mr. WILSON of South Carolina this day. We thank him for his service rural White and Native Americans have asked and was given permission to ad- to this country and his service to the felt persistent poverty for generations. dress the House for 1 minute and to re- arts. These statistics paint a clear and vise and extend his remarks.) f stark picture that Congress cannot ig- Mr. WILSON of South Carolina. Mr. nore. We need to get serious about end- CLOSURE OF GUANTANAMO BAY Speaker, 10 days ago Congress expected ing poverty and giving everyone, in- PRISON the President to submit his plan to cluding African Americans and people counter the rise of Islamic terrorism in (Ms. FOXX asked and was given per- of color, an opportunity to live the the Middle East. American families de- mission to address the House for 1 American Dream. serve to know that the President has a minute.) f strategy to defeat ISIL and keep us Ms. FOXX. Mr. Speaker, on Tuesday safe. President Obama presented his plan to HONORING THE LIFE OF WILLIAM The 2016 National Defense Authoriza- close the U.S. military prison at Guan- AMOS ‘‘BILL’’ USHER tion Act signed by the President was tanamo Bay and proposed transferring (Mr. DENHAM asked and was given clear that the President must submit a up to 60 prisoners to the United States permission to address the House for 1 plan to Congress by February 15 on how mainland. minute and to revise and extend his re- to defeat ISIL and reduce risks to Bringing dangerous terrorists to the marks.) American families. American homeland has been consist- Mr. DENHAM. Mr. Speaker, I rise Sadly, the President has not pre- ently rejected by bipartisan majorities today to acknowledge and honor the sented a strategy. This is another ex- in Congress. The President’s plan is life of a personal friend, Major William ample of the President’s continued dis- lacking key details required under the Amos Usher. Bill passed away at the

VerDate Sep 11 2014 00:31 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.010 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H902 CONGRESSIONAL RECORD — HOUSE February 25, 2016 age of 86 on Sunday in Paducah, Ken- prevents the President from closing the Nation, the future of agriculture is in tucky. detention facility at Guantanamo Bay good hands. From 1952 to 1962, Bill served as a unless he submits a plan that receives f fighter pilot in France and Germany congressional approval. He has not. for the United States Air Force and Air This week President Obama submitted GUANTANAMO BAY PRISONER Force Reserves. Bill proudly served in the plan to close the prison anyway. TRANSFERS the 417th tactical fighter squadron and There are currently 91 detainees at (Mr. OLSON asked and was given per- was awarded the Commendation Medal Guantanamo Bay. There were 242 when mission to address the House for 1 for his outstanding work with the the President took office. His plan minute and to revise and extend his re- United States military. calls for transferring 35 of the remain- In 1962, he retired and returned home marks.) ing detainees to other countries. Mr. OLSON. Mr. Speaker, on Novem- to Paducah to help with the family These detainees have been cleared for trucking company, Usher Transport. ber 25, 2015, our Commander in Chief transfer by the relevant national secu- made the 2016 National Defense Au- Bill became the manager of the com- rity agencies. Approximately 60 detain- pany and eventually the owner for thorization bill the law of the land. ees will be transferred to facilities in Section 1030 of that law states, in many years. Bill established the local the United States on our own soil. Christmas Cop organization, was hon- part, that no amounts authorized may These are not even specified in the be used to transfer or release, within ored as a Kentucky Colonel and a Duke plan. of Paducah for all of his contributions. the United States, Khalid Sheikh Mo- The Department of Defense has iden- hammed or any other detainee. Mr. Speaker, please join me in hon- tified many potential sites, but again oring the life and legacy of Major Wil- On Monday, despite those clear this has not received congressional ap- words, our Commander in Chief an- liam Amos ‘‘Bill’’ Usher for his many proval. Construction for a new facility outstanding contributions to the com- nounced that he would try to transfer on American soil would cost nearly Guantanamo Bay detainees to Amer- munity as well as his service to our half a billion dollars. country. God bless him always. ican soil. His reason? A political cam- With all these things going on, with paign promise he made nearly one dec- f the former GTMO detainees being re- ade ago is more important than keep- NATIONAL RARE EYE DISEASE arrested for recruiting new ISIS mem- ing Khalid Sheikh Mohammed behind AWARENESS DAY bers and an expiration of the timeline bars. (Mr. FITZPATRICK asked and was for developing an ISIS plan to defeat Mr. Speaker, the American people given permission to address the House ISIS, this is a misplaced priority by want Khalid Sheikh Mohammed’s last for 1 minute.) the President. breath to be in prison in Guantanamo Mr. FITZPATRICK. Mr. Speaker, I We need to stick to the business of Bay, Cuba. This House—their House— rise today to introduce my resolution what is going to keep our country safe, will grant their wish. not fulfill some campaign promise. expressing support for the designation f of February 28, 2016, as National Rare f Eye Disease Awareness Day. In soli- RESTORING ARTICLE I b 1215 darity with those living with rare eye (Mr. ALLEN asked and was given conditions and blindness, I am intro- FUTURE FARMERS OF AMERICA permission to address the House for 1 ducing it in braille. WEEK minute and to revise and extend his re- Joining me today is the Smedley (Mr. THOMPSON of Pennsylvania marks.) family from my district in Bucks asked and was given permission to ad- Mr. ALLEN. Mr. Speaker, I rise County, Pennsylvania, whose sons, Mi- dress the House for 1 minute and to re- today to talk about legislation that my chael and Mitchell, suffer from a rare vise and extend his remarks.) colleagues and I recently introduced eye condition which has caused them Mr. THOMPSON of Pennsylvania. that works to restore our article I pow- to lose their sight at a very young age. Mr. Speaker, as a senior member of the ers of the Constitution. But this has not stopped them from House Agriculture Committee, I rise We all learned about separation of pursuing their dreams. Michael serves today in recognition of Future Farmers powers in our grade school civics class. in his high school student government of America, or FAA, Week. As you know, this separation protects and is a member of the track team. Earlier this week, the Nation marked that one branch of government doesn’t Mitchell is on the wrestling team and the birthday of our first President, overrule or overstep another. It also performs in school plays. George Washington. Since 1948, the ensures that the power of the American National Rare Eye Disease Aware- week of Washington’s birthday has also people is never diminished. ness Day will highlight exceptional in- been FAA Week due to the President’s Article I specifically grants legisla- dividuals like Michael and Mitchell as legacy as an agriculturalist and a tive powers to Congress, as Congress they overcome challenges and show us farmer. was established to be the most direct true inspiration. In doing so, this day will increase Agriculture is a key to not only the voice of the people. We are the people’s awareness for all rare eye diseases and history and heritage of our Nation, but House. It seems the President simply conditions that lead to blindness as also to Pennsylvania and to our Com- chooses to ignore this. well as the need for increased funding monwealth’s Fifth Congressional Dis- I have consistently heard from folks for research and for accessibility of trict. It is important that we help the in the 12th District who are sick and treatments. future leaders of this industry continue tired of this administration overstep- As a member of the congressional to grow, ensuring that the future of ag- ping its boundaries and overstaying its Rare Disease Caucus and as a voice for riculture is just as bright as its present welcome in their lives. Americans— the Smedleys and the millions more and past. myself included—are frustrated with living with blindness, I am proud to in- ‘‘I believe in the future of agri- an executive branch that goes around troduce this resolution today. I urge culture’’ are the first words from the Congress to create new rules and regu- my colleagues’ support. FFA creed. Earlier this year, I met lations daily. with FAA members from across Penn- My biggest disappointment as a new f sylvania, at the Pennsylvania Farm Member of Congress is our lack of au- CLOSING GUANTANAMO IS A Show, where I held a forum focused on thority to carry out the will of the MISPLACED PRIORITY agriculture issues. I was impressed American people in this House. As an (Mr. LAMALFA asked and was given with their knowledge of issues cur- original cosponsor of H.R. 613, I strong- permission to address the House for 1 rently impacting farming across the ly support this legislation and urge my minute and to revise and extend his re- Nation and was inspired by their vision colleagues to join me in restoring and marks.) for the future. Echoing the words of respecting the most sacred document Mr. LAMALFA. Mr. Speaker, the 2016 the FAA creed, I am sure that, with the in our Nation’s history—our Constitu- National Defense Authorization Act dedication of FAA members across the tion.

VerDate Sep 11 2014 04:00 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.012 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H903 CELEBRATING BLACK HISTORY Carbon Capture Act will help facilitate points of order against the committee MONTH that. amendment in the nature of a substitute are waived. No amendment to the committee (Mrs. BROOKS of Indiana asked and Our economic, national, and energy security are all served through ensur- amendment in the nature of a substitute was given permission to address the shall be in order except those printed in the House for 1 minute and to revise and ing that the ability to use our natural report of the Committee on Rules accom- extend her remarks.) resources responsibly to provide abun- panying this resolution. Each such amend- Mrs. BROOKS of Indiana. Mr. Speak- dant, affordable energy continues. ment may be offered only in the order print- er, I rise today to celebrate Black His- f ed in the report, may be offered only by a tory Month and the remarkable con- Member designated in the report, shall be EATING DISORDERS AWARENESS considered as read, shall be debatable for the tributions of Black Hoosiers to our time specified in the report equally divided State and country: (Mrs. ELLMERS of North Carolina asked and was given permission to ad- and controlled by the proponent and an op- Take, for instance, Madam C.J. ponent, shall not be subject to amendment, Walker, a visionary leader who rose dress the House for 1 minute and to re- and shall not be subject to a demand for divi- from being orphaned at age 7 to becom- vise and extend her remarks.) sion of the question in the House or in the ing an accomplished entrepreneur of Mrs. ELLMERS of North Carolina. Committee of the Whole. All points of order hair care products and a prolific phi- Mr. Speaker, I rise today in recogni- against such amendments are waived. At the lanthropist in the Indianapolis commu- tion of National Eating Disorders conclusion of consideration of the bill for Awareness Week. amendment the Committee shall rise and re- nity. She was also America’s first self- port the bill to the House with such amend- made female millionaire; This annual campaign sheds light on a disease that affects nearly 30 million ments as may have been adopted. Any Mem- Or Emma Christy, Indianapolis’ first ber may demand a separate vote in the female police officer, who patrolled the Americans and has the highest mor- House on any amendment adopted in the city’s streets with the department’s tality rate of any mental illness. While Committee of the Whole to the bill or to the all-female unit, the largest in the recovery is certainly possible, early de- committee amendment in the nature of a world in 1921; tection and intervention is key. Unfor- substitute. The previous question shall be Or the 1955 Crispus Attucks State tunately, many people are unfamiliar considered as ordered on the bill and amend- ments thereto to final passage without inter- Championship basketball team. It was with the signs typically associated with an eating disorder. vening motion except one motion to recom- the first all-Black team to win a State mit with or without instructions. title. This is why I introduced a bipartisan bill with several of my female col- The SPEAKER pro tempore. The gen- These are just some of the many Af- tleman from Washington is recognized rican American Hoosiers who have leagues, H.R. 4153, the Educating to Prevent Eating Disorders Act. It would for 1 hour. helped shape Indiana’s history, en- Mr. NEWHOUSE. Mr. Speaker, for riched our community, and trans- create a pilot program in middle schools to begin educating school coun- the purpose of debate only, I yield the formed our Nation. customary 30 minutes to the gentle- As this month draws to a close, let us selors, teachers, and nurses about the symptoms of eating disorders. woman from New York (Ms. SLAUGH- continue to honor and recognize all of TER), pending which I yield myself such the trailblazing Black Hoosiers who The facts are clear: education and early detection save lives. This legisla- time as I may consume. During consid- have contributed so much. We recog- eration of this resolution, all time nize that their great work has paved tion, H.R. 4153, would allow for us to provide both. We have a responsibility yielded is for the purpose of debate the path we walk today and leaves last- only. ing legacies in their wake. to improve the public’s understanding of eating disorders so that we can pre- GENERAL LEAVE f vent this mental illness. Mr. NEWHOUSE. Mr. Speaker, I ask unanimous consent that all Members CARBON CAPTURE ACT f have 5 legislative days to revise and ex- (Mr. TIPTON asked and was given PROVIDING FOR CONSIDERATION tend their remarks. permission to address the House for 1 OF H.R. 2406, SPORTSMEN’S HER- The SPEAKER pro tempore. Is there minute and to revise and extend his re- ITAGE AND RECREATIONAL EN- objection to the request of the gen- marks.) HANCEMENT ACT OF 2015 tleman from Washington? Mr. TIPTON. Mr. Speaker, the Mr. NEWHOUSE. Mr. Speaker, by di- There was no objection. United States is blessed with nearly 30 rection of the Committee on Rules, I Mr. NEWHOUSE. Mr. Speaker, on percent of the world’s coal reserves— call up House Resolution 619 and ask Tuesday, the Rules Committee met and more than twice that of the nearest for its immediate consideration. reported a rule, House Resolution 619, coal reserve country, Russia, and three The Clerk read the resolution, as fol- providing for consideration of H.R. times as much as China. lows: 2406, the SHARE Act, also commonly Colorado is America’s 10th leading known as the sportsmen’s bill. H. RES. 619 coal producer. In Colorado’s Third Con- The rule provides for consideration of gressional District, mines in commu- Resolved, That at any time after adoption H.R. 2406 under a structured rule, with nities like Craig and Delta provide of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the 17 amendments made in order that are critical jobs and tax revenues as they House resolved into the Committee of the roughly evenly split between Demo- responsibly produce reliable, affordable Whole House on the state of the Union for cratic and Republican members of this electricity on which countless Ameri- consideration of the bill (H.R. 2406) to pro- legislative body. cans rely. tect and enhance opportunities for rec- Mr. Speaker, the SHARE Act is an One thing is certain: the people who reational hunting, fishing, and shooting, and important bipartisan package of pro- work in Colorado’s mines and coal- for other purposes. The first reading of the posals that will promote greater oppor- fired power plants take great pride in bill shall be dispensed with. All points of tunities for hunting, fishing, and out- their communities and the natural en- order against consideration of the bill are waived. General debate shall be confined to door recreation, as well as safeguard vironment. They want to develop the the bill and shall not exceed one hour equal- the rights of hunters, anglers, and rec- land’s abundant resources as respon- ly divided and controlled by the chair and reational shooters. sibly as possible with as small a foot- ranking minority member of the Committee While similar bills have passed the print as possible. on Natural Resources. After general debate House in the past two Congresses, the I do not support the President’s the bill shall be considered for amendment Senate has failed to adopt them, mak- Clean Power Plan and have voted to under the five-minute rule. It shall be in ing this legislation long overdue. This stop this onerous Federal overreach order to consider as an original bill for the is especially true when considering the multiple times. However, as industry purpose of amendment under the five-minute current administration’s ongoing as- rule the amendment in the nature of a sub- continuously searches for safer and stitute recommended by the Committee on sault on the Second Amendment, as more efficient ways to produce energy, Natural Resources now printed in the bill. well as their restrictions on access to we will need to incentivize the im- The committee amendment in the nature of Federal land. This includes restricting provement of technology. Passing the a substitute shall be considered as read. All hunting and shooting on Federal lands,

VerDate Sep 11 2014 01:20 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.013 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H904 CONGRESSIONAL RECORD — HOUSE February 25, 2016 where many people go to participate in cans to lawfully carry firearms on Fed- Our country has a deep and long- these time-honored American activi- eral lands. standing tradition of using Federal ties. Additionally, it will help prevent land for outdoor and recreational ac- The Congressional Sportsmen’s Federal overreach, eliminate regu- tivities, and protecting the ability of Foundation recently stated that rough- latory impediments, and protect Americans to use our abundant Federal ly 37 million American sportsmen and against the promulgation of new, oner- lands for these purposes must remain -women spend over $90 billion annually ous regulations that impede access or one of our top priorities in Congress, on outdoor sport activities, high- restrict lawful activities on Federal which is why I am committed to work- lighting the important economic im- lands. ing with my colleagues in the House pact this legislation will have on small Sportsmen are natural stewards of and in the Senate to advance this businesses across the country that public lands and greatly contribute to much-needed legislation. comprise our recreational industries. habitat and wildlife conservation, so I Mr. Speaker, for generations Ameri- Mr. Speaker, these outdoor activities find it difficult to understand the ra- cans have passed down these values to are deeply ingrained in America’s her- tionale behind many of these Federal their children and to their grand- itage and culture, with the values they decisions. children, which have deeply ingrained instill passed down from generation to Mr. Speaker, the SHARE Act also in- hunting, fishing, and recreational generation. In fact, according to a 2013 cludes legislation that I introduced, shooting in America’s heritage and our Congressional Sportsmen’s Foundation the Federal Land Transaction Facilita- cultural fabric. report, hunting, fishing, and shooting tion Act, or FLTFA, which authorizes As I said, growing up in Central are growing in popularity throughout the BLM to sell surplus lands to Washington, I experienced the impor- the country, with almost 40 million States, localities, or private entities tance of these values firsthand, and people over the age of 16 hunting or that can be put then to economically they continue to play an important fishing in the United States. However, beneficial use. role in my life to this very day. over the past 7 years, we have seen the Since its initial enactment, FLTFA The rule we consider here today pro- Federal Government continually find reduced Federal land ownership by vides for consideration of legislation ways to block law-abiding Americans more than 9,000 acres over the course of that will protect these values, increase from exercising this most fundamental a decade, while also enhancing access opportunities for hunters, anglers, and right. People all across my State of for hunting, fishing, and shooting on shooters, and ensure that future gen- central Washington are avid hunters, these Federal lands. erations of Americans have equal op- anglers, and outdoorsmen. Many Amer- This critical program brings a com- portunity to access and enjoy our Na- icans, especially in the West, look to monsense approach to land trans- tion’s vast public lands. This is a good, straightforward rule, our vast Federal lands to hunt, fish, actions and helps streamline land own- allowing for the consideration of a and shoot. ership patterns, all without spending critically important measure. I support Unfortunately, over the past few taxpayer funds or adding to the surplus the rule’s adoption, and I urge my col- years, we have seen Federal agencies of federally owned property. leagues to support the rule as well as such as the U.S. Forest Service and the Additionally, the bill includes the Recreational Land Self-Defense Act, the underlying bill. Bureau of Land Management prevent Mr. Speaker, I reserve the balance of or impede access to Federal lands legislation that protects the ability of gun owners to exercise their Second my time. which should otherwise be available for Ms. SLAUGHTER. Mr. Speaker, I Amendment rights when they are le- these purposes. Lack of access to ac- yield myself such time as I may con- gally camping, hunting, and/or fishing ceptable areas to participate in these sume. activities is often one of the main rea- on property owned by the Army Corps I thank the gentleman, my colleague sons why sportsmen and -women stop of Engineers. on the Rules Committee, for yielding Like many in Central Washington, I participating in these traditional the customary 30 minutes to me. American pastimes. Ensuring the pub- grew up responsibly exercising the Mr. Speaker, for months, the Cham- lic has reliable access to our Nation’s right to bear arms, and I am a long- ber’s majority has been bringing recy- Federal lands must remain a priority standing advocate for the protection of cled bills to the floor to stall and waste of this Congress. those rights, which is why I am proud time, knowing full well these bills will Mr. Speaker, we should be fostering to cosponsor this bill. not be signed into law. and growing participation in outdoor In my district, access to Federal The majority has introduced no sporting activities—rather than trying lands is of paramount importance, and budget. Our infrastructure is crum- to create regulatory barriers that drive the SHARE Act will ensure that sports- bling. Americans are in need of new Americans away from them—which in- men, outdoorsmen, and all Americans bridges, new roads, new water systems, still important lifelong values and wishing to enjoy our treasured Federal schools, housing, and much more. principles. parks and forests have the ability to do It has been said that it costs an esti- so. b 1230 mated $24 million to run the House of For this reason, I have also intro- Representatives for a week, money ba- These include responsibility, firearm duced an amendment to the SHARE sically wasted when we do bills like safety and conservation, as well as pa- Act that would require the U.S. Forest these. tience, discipline, respect for wildlife, Service to publish a notice in the Fed- As a matter of fact, I think if we and most of all, appreciation of our eral Register, along with a justifica- were to add up all that money, we country’s rich natural heritage and tion for the closure of any public road might even be able to do high-speed beautiful national parks, forests, and in our forests. rail in the United States. vast wilderness areas. In Central Washington and across our Wouldn’t that be a new venture? H.R. 2406 is critical to protecting our country, the Forest Service has closed The majority has sidestepped ad- way of life and ensuring all Americans public roads with no prior notification, dressing the high cost of a college edu- have the ability to enjoy outdoor recre- preventing access to public areas in our cation and the student loan debt crisis. ation and develop a profound apprecia- region’s national forests. Often, these They have put their heads in the sand tion for our country’s marvelous nat- blocked roadways have been in use for concerning the threat of the Zika ural landscapes. decades, and many local residents rely virus. This legislation is comprised of a on them for both everyday activities as We have done nothing about the cen- number of provisions that will help well as for recreational purposes. tury-old water pipes crisscrossing the provide future generations of Ameri- The first indication of a closure country, even in light of the tragedy in cans with access to our country’s Fed- should not come when an individual is Flint. No wonder Americans are so dis- eral lands for outdoor recreation, sport faced with an impassable roadway, but, gusted and angry. Instead of focusing shooting, hunting, and fishing. rather, through an adequate public no- on what people are crying out for, we The measure will also reaffirm the tice from the Forest Service, which my now bring up this whole package of Second Amendment rights of Ameri- amendment would provide. bills that has no chance of advancing.

VerDate Sep 11 2014 01:20 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.015 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H905 Today we have the Sportsmen’s Her- today, many important things that we Sportsmen’s Heritage and Recreational itage and Recreational Enhancement have to consider in many issue areas, Enhancement Act of 2015, or the Act. It advances an anti-conservation but that should not preclude us from SHARE Act. agenda at odds with the decades of addressing a very important issue, and The SHARE Act has 13 important longstanding tradition benefiting our that is access to our national, our Fed- provisions that will work to expand op- uniquely American landscapes, wild- eral lands by sportsmen, by hunters, by portunities for sportsmen and -women life, and sporting community. fishers. to enjoy their favorite outdoor activi- The SHARE Act cobbles together Protecting the ability of Americans ties around the country. seven separate legislative proposals, to enjoy our natural abundance of Fed- Title II of this bill, which I authored, along with six other titles. Now, that is eral lands, I think, is something that is the Recreational Fishing and Hunt- some seamstress work. It is a grab bag our President Roosevelt, who the dis- ing Heritage and Opportunities Act. I that includes provisions that would un- tinguished gentlewoman from New grew up in northern Michigan and, like dermine the Wilderness Act, the Na- York quoted, would be very much in many of my constituents, spent my tional Environmental Policy Act, and favor of. Certainly he was a proponent summers fishing and the fall hunting other essential conservation laws. of enjoying those same Federal lands. grouse in the UP woods. What’s more, the SHARE Act would Any efforts that we can put forth to These traditions—spending quality drive the extinction of domestic and make sure that we can continue those time outdoors with our kids and international wildlife by adding lan- strong traditions of Americans being grandkids—are the kinds of things we guage that would block the administra- exposed to the great outdoors in this must make sure are preserved for gen- tion’s efforts under the Endangered country is something that we should do erations to come. Species Act to stop ivory trafficking— all we can to preserve. This portion of the SHARE Act seeks it basically says that you can, if you go I might note, too, that this is a bi- to create an open until closed policy on a safari, bring back elephant tusks partisan-led effort in the House of Rep- for sportsmen’s use of Federal lands. because they are not in any danger, de- resentatives. Passed in the last two As you know, nearly one-quarter of spite what we all hear to the con- Congresses, many of the provisions of the United States landmass, or over 500 trary—and to prevent the slaughter of this bill have enjoyed overwhelming bi- million acres, are Federal lands that American elephants, which is nec- partisan support, and this year we do are owned by all Americans. It is im- essary to get those tusks. have a clear path forward, as the com- portant that the right to fully utilize The U.S. Fish and Wildlife Service mittees in the other body across the these lands is ensured for future gen- wouldn’t be able to stop the illegal rotunda are already marking up very erations. ivory trade, and the importation of similar legislation in their work on Over the years, legislative ambiguity polar bears would be made possible this important issue. has allowed antihunting groups to pur- again. So I feel very positive about the di- sue an antihunting agenda that has But I think one of the worst things is rection we are taking, about the bipar- eliminated opportunities for many of it brings back the traps that captured tisan nature of the effort that we have these activities on our Federal lands. so many of people’s pets, small animals here before us today, and I think it is Groups like these are taking advantage who died a very cruel and long death. an important thing that we need to ad- of loopholes in the law to deprive our Why in the world would we do that? dress, as well as many of the other constituents of the right to fully use What is sporting about catching an things that the gentlewoman from New Federal lands. animal, sometimes a person, or a pet, York discussed. But certainly this is Recreational anglers, hunters, and in something from which they cannot something that we can and should sporting organizations, many of whom extricate themselves, and to suffer and move forward. have endorsed this bill, are passionate to die? Mr. Speaker, I reserve the balance of supporters of the conservation move- Let’s be clear. This bill undermines my time. ment. These dedicated sportsmen and bedrock conservation laws. It won’t Ms. SLAUGHTER. Mr. Speaker, I -women deserve to know that the land benefit the average hunter or angler. yield myself such time as I may con- they cherish will not be closed off to People going on safaris might get sume. hunting, fishing, and shooting for fu- something more out of it, like elephant Mr. Speaker, if we defeat the pre- ture generations. tusks, but it will destroy years of work vious question, I will offer an amend- This is a bipartisan issue. Both Presi- done by animal protection advocates ment to the rule to bring up a resolu- dents Clinton and Bush issued execu- and conservationists. The delicate bal- tion that will require the majority to tive orders recognizing the value of ance at work in our ecosystem’s food stop the partisan games and hold hear- these heritage activities. It is time we chain is not to be trifled with, and we ings on the President’s budget pro- finally close the loopholes, firm up the disrupt it at our own peril. posal. language, and make sure that future Aside from rolling back decades of Mr. Speaker, I ask unanimous con- generations will always be able to work conserving our majestic natural sent to insert the text of the amend- enjoy the outdoors, hunting, fishing, resources, the bill is a distraction from ment in the RECORD along with extra- shooting, or just taking a walk in the what we should be doing. neous material immediately prior to woods. May I remind my colleagues on the the vote on the previous question. I encourage all my colleagues today other side of the aisle of a piece of wis- The SPEAKER pro tempore. Is there to join me in supporting this piece of dom from Teddy Roosevelt, America’s objection to the request of the gentle- commonsense legislation. favorite outdoorsman and actually the woman from New York? Mr. NEWHOUSE. Mr. Speaker, I yield person who is responsible for the won- There was no objection. to the gentlewoman from New York derful national parks that we have. Ms. SLAUGHTER. I yield back the (Ms. SLAUGHTER) for an opportunity to He said, and I quote: ‘‘We are prone balance of my time. respond, since she already yielded back to speak of the resources of this coun- Mr. NEWHOUSE. Mr. Speaker, just her time. try as inexhaustible; this is not so.’’ out of courtesy to the gentlewoman Ms. SLAUGHTER. That is very kind If he had this worry that we have from New York, I do have one Member of the gentleman, but I continue to today here, 100 years ago, I can only who would like to speak on this bill, if yield back the balance of my time. imagine what he would think of this that is okay with you. Mr. NEWHOUSE. Mr. Speaker, I do state of affairs. Ms. SLAUGHTER. Of course. have one more speaker who would like I urge a ‘‘no’’ vote on this rule and a to say a few words on this issue. 1245 ‘‘no’’ vote on the underlying legisla- b I yield 2 minutes to the gentleman tion. Mr. NEWHOUSE. So, with that, I from Virginia (Mr. WITTMAN), the spon- I reserve the balance of my time. would be very happy to yield such time sor of the bill. Mr. NEWHOUSE. Mr. Speaker, I yield as he may consume to the gentleman Mr. WITTMAN. Mr. Speaker, I rise to myself such time as I may consume. from Michigan (Mr. BENISHEK). support today’s rule. I would just respond that certainly Mr. BENISHEK. Mr. Speaker, I rise Mr. Speaker, I am proud to join with there are many issues facing Congress today in support of H.R. 2406, the Sportsmen’s Caucus Co-chair TIM WALZ

VerDate Sep 11 2014 01:20 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.016 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H906 CONGRESSIONAL RECORD — HOUSE February 25, 2016 and Caucus Vice Chairs JEFF DUNCAN tance of the legislation that is consid- considered as ordered on the resolution and and GENE GREEN in introducing H.R. ered under this rule. preamble to adoption without intervening 2406, the Sportsmen’s Heritage and I believe we must take a firm stand motion or demand for division of the ques- tion except one hour of debate equally di- Recreational Enhancement Act, better against executive overreach on the in- vided and controlled by the chair and rank- known as the SHARE Act. fringement of Americans’ constitu- ing minority member of the Committee on This bipartisan package of legisla- tional rights to keep and bear arms by the Budget. tion protects and advances hunting, protecting the Second Amendment as SEC. 3. Clause 1(c) of rule XIX shall not angling, and recreational shooting tra- well as protecting the public’s access apply to the consideration of the resolution ditions and also promotes fish and to Federal lands for the purposes of specified in section 2 of this resolution. wildlife conservation efforts. hunting, fishing, and sports shooting. The SHARE Act passed the House of THE VOTE ON THE PREVIOUS QUESTION: WHAT People all across the country are IT REALLY MEANS Representatives in both the 113th and avid hunters, anglers, and outdoors- This vote, the vote on whether to order the 112th Congress with bipartisan support, men, often utilizing public lands for previous question on a special rule, is not and in October 2015 the Natural Re- those purposes, and the SHARE Act merely a procedural vote. A vote against or- sources Committee voted 21–15 in favor will ensure that the Federal Govern- dering the previous question is a vote of the bill. ment does not restrict their ability to against the Republican majority agenda and In addition, H.R. 2406 is supported by participate in these activities. a vote to allow the Democratic minority to offer an alternative plan. It is a vote about the Nation’s leading hunting and fish- Federal lands represent an important ing conservation organizations, which what the House should be debating. and precious national resource for Mr. Clarence Cannon’s Precedents of the represent millions of sportsmen and many mixed-use purposes. We must not House of Representatives (VI, 308–311), de- -women across the Nation. tolerate efforts by Federal agencies scribes the vote on the previous question on This commonsense proposal will ex- such as the Forest Service or the BLM the rule as ‘‘a motion to direct or control the pand opportunities for hunting and to restrict, impede, or prevent access consideration of the subject before the House fishing and promote conservation being made by the Member in charge.’’ To to Federal lands that should otherwise across the United States, particularly defeat the previous question is to give the be available for use by our country’s on Federal lands. In many parts of the opposition a chance to decide the subject be- outdoor enthusiasts as well as sports- country, American sportsmen and fore the House. Cannon cites the Speaker’s men and -women. ruling of January 13, 1920, to the effect that -women rely on access to Federal lands By adopting this rule, providing for ‘‘the refusal of the House to sustain the de- to hunt, fish, and recreationally shoot. consideration of the underlying bill, mand for the previous question passes the This bill would expand access to control of the resolution to the opposition’’ these lands by requiring the Bureau of the House will be taking an important step toward resolving many of the long in order to offer an amendment. On March Land Management and the U.S. Forest 15, 1909, a member of the majority party of- Service to keep lands open for hunting, overdue issues facing our country’s fered a rule resolution. The House defeated fishing, and recreational shooting un- outdoor recreational community. the previous question and a member of the less there is a specific reason to close The SHARE Act will allow the values opposition rose to a parliamentary inquiry, asking who was entitled to recognition. them. instilled by hunting, fishing, and rec- reational shooting to be passed down to Speaker Joseph G. Cannon (R–Illinois) said: The bill also requires the National ‘‘The previous question having been refused, Park Service or Office of National Ma- future generations of Americans, just as our parents passed them to many of the gentleman from New York, Mr. Fitz- rine Sanctuaries to consult with State gerald, who had asked the gentleman to fish and wildlife agencies prior to clos- us. yield to him for an amendment, is entitled to ing areas to fishing, and allows State This is particularly important to me the first recognition.’’ fish and wildlife agencies the added because, as a farmer, I consider myself The Republican majority may say ‘‘the flexibility needed to construct public a conservationist, a steward of our re- vote on the previous question is simply a sources, and believe we have a respon- vote on whether to proceed to an immediate shooting ranges. vote on adopting the resolution . . . [and] The SHARE Act also protects Second sibility to use our natural resources wisely and with care, preserving them has no substantive legislative or policy im- Amendment rights. It ensures the plications whatsoever.’’ But that is not what rights of law-abiding citizens to possess for those who come after. they have always said. Listen to the Repub- firearms on lands and waters managed Mr. Speaker, this is a good, straight- lican Leadership Manual on the Legislative by the United States Corps of Engi- forward rule allowing for consideration Process in the United States House of Rep- neers, which is consistent with rights of a long overdue piece of legislation resentatives, (6th edition, page 135). Here’s afforded on other Federal public lands. that ensures future generations have how the Republicans describe the previous question vote in their own manual: ‘‘Al- The bill also prevents the Environ- access to our country’s Federal lands for outdoor recreation and sporting ac- though it is generally not possible to amend mental Protection Agency from unnec- the rule because the majority Member con- essarily regulating ammunition and tivities. trolling the time will not yield for the pur- fishing tackle. I have certainly appreciated the dis- pose of offering an amendment, the same re- As an avid sportsman, I am humbled cussion here today, which underscores sult may be achieved by voting down the pre- to advocate for this commonsense leg- the importance of this issue to so many vious question on the rule.... When the islation. I am proud, also, to introduce people. I believe this rule and the un- motion for the previous question is defeated, it in order to advance the priorities of derlying bill are strong measures that control of the time passes to the Member are important to preserving our Na- who led the opposition to ordering the pre- American sportsmen and -women. vious question. That Member, because he I encourage my colleagues to ensure tion’s cultural heritage. then controls the time, may offer an amend- that America’s hunting and fishing Mr. Speaker, I urge my colleagues to ment to the rule, or yield for the purpose of heritage remains a top priority for the support House Resolution 619 and the amendment.’’ Federal Government for years to come underlying bill. In Deschler’s Procedure in the U.S. House and to pass this critical legislation. The material previously referred to of Representatives, the subchapter titled Mr. Speaker, I urge my colleagues to by Ms. SLAUGHTER is as follows: ‘‘Amending Special Rules’’ states: ‘‘a refusal to order the previous question on such a rule AN AMENDMENT TO H. RES. 619 OFFERED BY support the rule and to support H.R. [a special rule reported from the Committee MS. SLAUGHTER 2406. on Rules] opens the resolution to amend- Mr. NEWHOUSE. Mr. Speaker, I yield At the end of the resolution, add the fol- ment and further debate.’’ (Chapter 21, sec- myself such time as I may consume. lowing new sections: tion 21.2) Section 21.3 continues: ‘‘Upon re- Mr. Speaker, in closing, let me first SEC. 2. Immediately upon the adoption of jection of the motion for the previous ques- say I very much appreciate the distin- this resolution it shall be in order without tion on a resolution reported from the Com- guished gentlewoman’s indulgence on intervention of any point of order to con- mittee on Rules, control shifts to the Mem- allowing folks to speak on this issue. sider in the House the resolution (H. Res. 624) ber leading the opposition to the previous Directing the Committee on the Budget to As you can tell, it is very important to question, who may offer a proper amendment hold a public hearing on the President’s fis- or motion and who controls the time for de- a lot of people. So I thank her very cal year 2017 budget request with the Direc- bate thereon.’’ much for her polite indulgence. tor of the Office of Management and Budget Clearly, the vote on the previous question Mr. Speaker, the debate that we have as a witness. The resolution shall be consid- on a rule does have substantive policy impli- had here today underscores the impor- ered as read. The previous question shall be cations. It is one of the only available tools

VerDate Sep 11 2014 01:20 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.018 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H907 for those who oppose the Republican major- ping on the part of the lawyers filing amended complaint was ‘‘suspect,’’ ity’s agenda and allows those with alter- the case. These lawsuits impose a tre- noting the possibility ‘‘that the sole native views the opportunity to offer an al- mendous burden on small businesses reason for amending the complaint to ternative plan. and their employees. The Fraudulent add the local defendant as a defendant Mr. NEWHOUSE. Mr. Speaker, I yield Joinder Prevention Act, introduced by . . . could have been to defeat diversity back the balance of my time, and I Judiciary Committee Member KEN jurisdiction.’’ move the previous question on the res- BUCK from Colorado, will help reduce Nevertheless, the court held Home olution. the litigation abuse that regularly Depot had not met its ‘‘heavy burden’’ The SPEAKER pro tempore. The drags small businesses into court for of showing fraudulent joinder under question is on ordering the previous no other reason than as part of a law- current law because the court found it question. yer’s forum shopping strategy. was ‘‘possible,’’ even if it were just a The question was taken; and the In order to avoid the jurisdiction of tenth of a percent possible, that ‘‘the Speaker pro tempore announced that the Federal courts, plaintiffs’ attor- newly added defendant could poten- the ayes appeared to have it. neys regularly join instate defendants tially be held liable,’’ and remanded Ms. SLAUGHTER. Mr. Speaker, on to the lawsuits they file in State court, the case back to State court. Once that I demand the yeas and nays. even if the instate defendants’ connec- back in State court, the plaintiff stipu- The yeas and nays were ordered. tions to the controversy are minimal lated to dismiss the innocent local de- The SPEAKER pro tempore. Pursu- or nonexistent. fendant from the lawsuit, but only ant to clause 8 of rule XX, further pro- Typically, the innocent but fraudu- after it had been successfully used as a ceedings on this question will be post- lently joined instate defendant is a forum shopping pawn. poned. small business or the owner or em- Trial lawyers join these unconnected instate defendants to their lawsuits be- f ployee of a small business. Even though these innocent instate defend- cause today a case can be kept in State FRAUDULENT JOINDER ants ultimately don’t face any liability court by simply joining as a defendant PREVENTION ACT OF 2016 as a result of being named as a defend- a local party that shares the same local residence as the person bringing GENERAL LEAVE ant, they nevertheless have to spend the lawsuit. When the primary defend- Mr. GOODLATTE. Mr. Speaker, I ask money to hire a lawyer and take valu- ant moves to remove the case to Fed- unanimous consent that all Members able time away from running their eral Court, the addition of that local may have 5 legislative days within businesses or spending time with their defendant will generally defeat re- which to revise and extend their re- families to deal with matters related to moval under a variety of approaches marks and include extraneous mate- a lawsuit to which they have no real judges currently take to determine rials on H.R. 3624. connection. whether the joined defendant prevents The SPEAKER pro tempore (Mr. To take just a couple of examples, in Bendy v. C.B. Fleet Company, the removal to Federal Court. WITTMAN). Is there objection to the One approach judges take is to re- plaintiff brought product liability request of the gentleman from Vir- quire a showing that there is ‘‘no possi- claims against a national company for ginia? bility of recovery’’ against the local its allegedly defective medicinal drink. There was no objection. defendant before a case can be removed The plaintiff also joined a resident The SPEAKER pro tempore. Pursu- to Federal Court, or some practically local defendant health clinic alleging it ant to House Resolution 618 and rule equivalent standard. Others require the XVIII, the Chair declares the House in negligently instructed the plaintiff to judge to resolve any doubts regarding the Committee of the Whole House on ingest the drink. The national com- removal in favor of the person bringing the state of the Union for the consider- pany removed the case to Federal the lawsuit. Still, others require the ation of the bill, H.R. 3624. Court and argued that the small local judge to find that the local defendant The Chair appoints the gentleman defendant was fraudulently joined be- was added in bad faith before they from Louisiana (Mr. GRAVES) to preside cause the plaintiff’s claims against the allow the case to be removed to Fed- over the Committee of the Whole. clinic were time-barred by the statute eral Court. of limitations, showing ‘‘no possi- b 1254 The current law is so unfairly heavy- bility’’ of recovery. handed against innocent local parties IN THE COMMITTEE OF THE WHOLE Despite finding the possibility of re- joined to lawsuits that Federal Appeals Accordingly, the House resolved lief against the local defendant ‘‘re- Court Judge J. Harvie Wilkinson of the itself into the Committee of the Whole mote,’’ the court remanded the case Fourth Circuit Court of Appeals has House on the state of the Union for the after emphasizing how hard it is to publicly supported congressional ac- consideration of the bill (H.R. 3624) to demonstrate fraudulent joinder under tion to change the standards for join- amend title 28, United States Code, to the current rules. The court practically der, saying: ‘‘That’s exactly the kind of prevent fraudulent joinder, with Mr. apologized publicly to the joined party, approach to Federal jurisdiction re- GRAVES of Louisiana in the chair. stating: ‘‘The fact that Maryland form that I like because it’s targeted. The Clerk read the title of the bill. courts are likely to dismiss Bendy’s And there is a problem with fraudulent The CHAIR. Pursuant to the rule, the claims against the local defendant is jurisdiction law as it exists today, I bill is considered read the first time. not sufficient for jurisdiction, given think, and that is that you have to es- The gentleman from Virginia (Mr. the Fourth Circuit’s strict standard for tablish that the joinder of a nondiverse GOODLATTE) and the gentleman from fraudulent joinder.’’ defendant is totally ridiculous and that Michigan (Mr. CONYERS) each will con- Shortly after remand, all claims there’s no possibility of ever recovering trol 30 minutes. against the local defendant were dis- . . . That’s very hard to do. So I think The Chair recognizes the gentleman missed, of course, after its presence in making the fraudulent joinder law a from Virginia. the lawsuit served the trial lawyer’s little bit more realistic . . . appeals to tactical purpose of keeping the case in b 1300 me because it seems to me the kind of their preferred State court. When intermediate step that addresses some Mr. GOODLATTE. Mr. Chairman, I courts themselves complain about the real problems.’’ yield myself such time as I may con- unfairness of current court rules, Con- The bill before us today addresses sume. gress should take notice. those real problems in two main ways: Hardworking Americans are some of In Baumeister v. Home Depot, Home First, the bill allows judges greater the leading victims of frivolous law- Depot removed a slip-and-fall case to discretion to free an innocent local suits and the extraordinary costs that Federal Court. The day after removal party from a case where the judge finds our legal system imposes. Every day, and before conducting any discovery, there is no plausible case against that local businessowners routinely have the plaintiff amended the complaint to party. That plausibility standard is the lawsuits filed against them, based on name a local business, which it alleged same standard the Supreme Court has claims they have no substantive con- failed to maintain the store’s parking said should be used to dismiss plead- nection to, as a means of forum shop- lot. The court found the timing of the ings for failing to state a valid legal

VerDate Sep 11 2014 04:59 Jun 25, 2016 Jkt 049060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\RECORD16\FEB2016\H25FE6.REC H25FE6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE H908 CONGRESSIONAL RECORD — HOUSE February 25, 2016 claim, and the same standard should Federal Court even if complete diver- Secondly, it is not this legislation apply to release innocent parties from sity of citizenship exists when the de- that creates the kind of circumstance lawsuits. fendant is a citizen of the State where that the gentleman from Michigan Second, the bill allows judges to look the suit was filed. claims it does of denying access to the at evidence that the trial lawyers The bill’s radical changes to long- courts. Rather, it is the purpose of this aren’t acting in good faith in adding standing jurisdictional practice reveal legislation to treat people fairly who local defendants. This is a standard the true purpose of this measure. It is have been treated unfairly in the proc- some lower courts already use to deter- simply intended to stifle the ability of ess. If you have no liability in a case, mine whether a trial lawyer really in- plaintiffs to have their choice of forum you should not be sued in the first tends to pursue claims against the and, possibly, even their day in court. place. local defendant or is just using them as In addition, H.R. 3624 would sharply If you are sued by a lawyer who is part of their forum shopping strategy. increase the cost of litigation for plain- trying to manipulate the rules in order This bill is strongly supported by the tiffs and further burden the Federal to keep a case in a court that he has National Federation of Independent court system. For example, terms like forum-shopped—in other words, he has Business, representing America’s small ‘‘plausible’’ and ‘‘good faith intention’’ picked the court that he prefers it to businesses, and the U.S. Chamber of are not defined in the bill. This ambi- be in—that individual or business, as Commerce, among other legal reform guity will lead to greater uncertainty quickly as possible, should be able to groups. for both courts and litigants and will seek redress from the Federal court so Please join me in supporting this spawn substantial litigation over their as to have a determination made about vital legislation to reduce litigation meaning and application, further de- whether or not it is indeed a party that abuse and forum shopping and to pro- laying many decisions in many cases. is ‘‘plausibly liable,’’ which is a Su- tect innocent parties from costly, ex- Additionally, these standards require preme Court standard to be held in the tended, and unnecessary litigation. a court to engage in a minitrial during case. Mr. Chairman, I reserve the balance an early procedural stage of a case, If it is not a party, then the rules of of my time. without an opportunity for the full de- Federal procedure would allow for the Mr. CONYERS. Mr. Chairman, I yield velopment of evidence. Thus, the bill removal of that case to Federal court. myself such time as I may consume. would sharply increase the burdens and So we should not be blaming innocent Members of the House, H.R. 3624, the costs of litigation for plaintiffs and parties for spoiling the plans of trial so-called Fraudulent Joinder Preven- make it more likely that they would be lawyers to try to forum-shop into a fa- tion Act, is not really about fraud. prevented from choosing the forum for vorable jurisdiction. Rather, this measure is just the latest their claims. Let me make a few other quick attempt to tilt the civil justice system b 1315 points about federalism. Some of the rhetoric on the other in favor of corporate defendants by Finally, the amendments made by making it more difficult for plaintiffs side suggests that it is somehow this bill raise fundamental federalism strange for Federal courts to be decid- to pursue State law claims in State concerns. Subject to certain exceptions courts. ing State law claims, but as a matter as set forth in our Constitution, mat- of history, that is totally inaccurate. Here is why I say that. To begin with, ters of State law should be decided by H.R. 3624 addresses a nonexistent prob- State law claims are heard by Federal State courts. The removal of a State courts whenever the Federal courts lem. Under current law, a defendant court case to Federal court always im- may remove a case alleging solely have the diversity jurisdiction that is plicates federalism concerns, which is outlined in the Constitution. State law claims to a Federal court why the Federal courts generally dis- That has been a major part of the only if there is complete diversity of favor Federal jurisdiction and read re- Federal trial court’s work for far citizenship between all plaintiffs and moval statutes narrowly. longer than Federal claims have ex- all defendants, with an exception. If H.R. 3624, however, ignores these fed- isted, and out-of-State defendants have the plaintiff adds an instate defendant eralism concerns. By applying sweep- been able to remove civil cases from to the case to defeat diversity jurisdic- ing and vaguely worded new standards State courts since the beginning of the tion, this constitutes fraudulent join- to the determination of when a State Federal judicial system created by the der and, in such circumstance, the case case must be remanded to a State very first Congress of which James may be removed to Federal court. court, the bill denies State courts the Madison and many other Founders In determining whether a joinder was ability to decide and ultimately to were members. fraudulent, the court must consider shape State law. H.R. 3624 not only vio- All the bill before us today does is only whether there was any basis for a lates State sovereignty, but it also vio- protect the right of removal from being claim against the nondiverse defend- lates our fundamental constitutional subverted by blatant gamesmanship on ant. For the case to remain in Federal structure. the part of trial lawyers. H.R. 3624 also Court, the defendant must show that Accordingly, I sincerely urge my col- protects in-State individuals and small there was no possibility of recovery or leagues to join me in opposing this businesses from being dragged into liti- no reasonable basis for adding the non- problematic legislation. gation just so the plaintiff can keep diverse defendant. Mr. Chairman, I reserve the balance the case in State court when the plain- This very high standard has ignited of my time. tiff’s primary target is an out-of-State our Federal Courts for more than a Mr. GOODLATTE. Mr. Chairman, I corporation. century, and it has functioned well. yield myself such time as I may con- Is it really unfair to say to the trial H.R. 3624 would replace this time-hon- sume to respond to some of the points lawyer, ‘‘when your real target is an ored standard with a thoroughly am- raised by the gentleman from Michigan out-of-State corporation but you want biguous one. The measure would re- (Mr. CONYERS), the ranking member. to keep the case in State court, you quire a remand motion to be denied un- First of all, it is not this bill that re- have to come up with a claim against less the court finds, among other moves cases from State courts to Fed- the local in-State individual or small things, that it is ‘‘plausible to conclude eral courts. It is the United States business that is at least plausible’’? that the applicable State law would Constitution and the Federal laws that That is the simple, fair, and modest impose liability’’ on an instate defend- have been passed by this Congress for demand that this bill makes on trial ant; that the plaintiff had a ‘‘good over 200 years that recognize the im- lawyers. faith intention to prosecute the action portance of the principle of diversity Is it fair to the local individual or against each’’ instate defendant or to jurisdiction and of having parties from small business that it is required to seek a joint judgment; and that there different States in cases in controversy bear the costs and other burdens of liti- was no ‘‘actual fraud in the pleading of able to remove those cases to the Fed- gation when the claim against it isn’t jurisdictional facts.’’ eral system, which represents all citi- even plausible? Additionally, H.R. 3624 would effec- zens, not just the citizens of one State, No, it is not, but that is what is al- tively overturn the local defendant ex- as State courts are sometimes per- lowed under current law, and that is ception, which prohibits removal to ceived as doing. what H.R. 3624 will correct.

VerDate Sep 11 2014 01:20 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.022 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H909 I reserve the balance of my time. cases, states’ rights come second, and eral court and to give Federal judges Mr. CONYERS. Mr. Chairman, I yield that is an unusual aberration. greater discretion to determine earlier myself such time as I may consume. This bill will probably not pass the in the case whether a local party joined Somehow the gentleman from Vir- Senate, but if it does, it will be vetoed, to the lawsuit is there for a good rea- ginia has misunderstood what I said or and it won’t be overridden. son or for fraudulent reasons. has mischaracterized what I said. The CHAIR. The time of the gen- H.R. 3624 is precisely the kind of rem- This bill makes it too difficult to re- tleman has expired. edy urged by Judge Wilkinson, who has mand cases back to State courts to the Mr. CONYERS. I yield the gentleman said: point at which federalism concerns are an additional 1 minute. That is exactly the kind of approach . . . raised and plaintiffs are frequently Mr. COHEN. Yesterday we had a pro- that I like because it is targeted; and there harmed. gram at which we honored the foot sol- is a problem with fraudulent jurisdiction Mr. Chairman, I yield 3 minutes to diers of the civil rights movement. One laws as it exists today, I think, and that is the gentleman from Tennessee (Mr. that you have to establish that the joinder of of the Republican Senators confessed: a non-diverse local defendant is totally ridic- COHEN), a distinguished member of the ‘‘I should have done more.’’ I hear that ulous and that there is no possibility of ever Judiciary Committee. from a lot of folks from the South. recovering. . . . That is very hard to do. So Mr. COHEN. I thank the ranking They go to Selma and they march and I think making the fraudulent joinder law a member. they say they should have done more. little bit more realistic . . . appeals to me Mr. Chairman, this bill which has Meanwhile, one can do something because it seems to me the kind of inter- come before our committee is one that today because there is a Voting Rights mediate step that addresses some real prob- the President has said he will veto be- Act that needs to be extended or lems. cause the President says that it is a amended and approved to give people H.R. 3624 would protect innocent ‘‘solution that is looking for a prob- the ultimate thing that America is local defendants in two main ways. lem’’ or something to that effect. most well-known for, which is the right First, the bill allows Federal judges This bill will make it more difficult to vote in a democracy. greater discretion to release local de- for plaintiffs—people who have been Voting rights are in peril in our fendants from a case where it is not harmed—to get relief because their country, income inequality continues, plausible to conclude, as a legal mat- cases in State courts can more easily and millions of Americans of both par- ter, that applicable State law would be removed to Federal courts. ties are voting for candidates who ap- impose liability on the local defendant. Now, the gentleman from Virginia is peal to those folks. Race relations be- The term ‘‘plausible’’ is taken from the exactly right in that it has always been tween police and minority commu- Supreme Court’s jurisprudence that in- terprets rule 8 of the Federal Rules of permitted. You can remove a case to nities are fraught, young people have Civil Procedure, and the Court’s deci- Federal court if you can show that the tremendous burdens of student loan sions provide substantial guidance as plaintiff in the State court is not a debt, and our infrastructure is in dan- proper plaintiff, if you can show that to the meaning of the term. ger. Initially, in Bell Atlantic Corp. v. there is diversity of citizenship and not Let’s deal with those issues and let’s Twombly, the Court distinguished be- complete diversity. make Congress great again. tween plausible claims and claims that The problem is that this has always Mr. GOODLATTE. Mr. Chairman, I are speculative: been the rule, and it is the way the rule yield such time as he may consume to is now; but the courts have not come to Factual allegations must be enough to the gentleman from Colorado (Mr. raise a right to relief above the speculative us and said this is a problem and have BUCK), the chief sponsor of this legisla- level. asked us to correct it. We are cor- tion and a member of the House Judici- Later, in Ashcroft v. Iqbal, the Court recting this because the corporate de- ary Committee. stated: fendants want to make it easier for Mr. BUCK. I thank the gentleman. The plausibility standard . . . asks for them to remove these cases to courts Mr. Chairman, in many cases a trial more than a sheer possibility that a defend- at which they will get better results. It lawyer’s main target is a national busi- ant has acted unlawfully. This standard de- will make it more difficult for plain- ness, but if the only defendant in the mands more than an unadorned, ‘the defend- tiffs to get judgments in State courts, case is an out-of-State business, the ant unlawfully harmed me’ accusation or which have historically been a bit case can be heard in Federal court threadbare recitals of the elements of a healthier. This makes it almost impos- rather than in a local State court, cause of action, supported by mere conclu- sible. which trial lawyers often prefer. sory statements. It increases litigation. It makes you, By also suing a local defendant in ad- Professor Martin H. Redish, one of on the front end, have to show your dition to the national defendant, who the Nation’s foremost scholars of Fed- case. It increases the cost to the courts are the true targets of the lawsuits, eral court jurisdiction, has written: and the burden on the courts. It will trial lawyers can keep their cases in The Twombly/Iqbal plausibility standard make the government larger because the preferred State courts. represents the fairest and most efficient res- there will be more activity in Federal Trial lawyers who sue innocent local olution of the conflicting interests in the context of pleading. court if this becomes law. It will take people and small businesses simply to from the States the right to determine keep the lawsuits in their preferred It will similarly provide a fair and ef- ficient approach in the context of their own State laws, which is gen- State courts usually drop their cases fraudulent joinder. erally the position of my friends on the against these innocent local parties Second, the bill codifies a proposition other side—being for states’ rights. In but only after their cases are safely that the Supreme Court has long recog- certain parts of our country, including back in State courts and only after the nized: that in deciding whether joinder in my part of the country, they have innocent local parties have had to is fraudulent, courts may consider been known to sometimes talk poorly spend time and money in dealing with whether the plaintiff has a good faith about the Federal courts. This gives the lawsuits. That is not right. Trial intention of seeking a judgment the Federal courts more power. lawyers shouldn’t be able to subject in- against the local defendant. It is an aberrant position that this nocent local people and small busi- Consistent with Supreme Court side has taken, kind of like they took nesses to costly and time-consuming precedent, courts continue to find when we had reciprocity on gun per- lawsuits just to rig the places in which fraudulent joinder when objective evi- mits. Rather than having States’ laws their lawsuits will be heard. dence clearly demonstrates there is no be paramount, they thought the Fed- This unfairness led respected Federal good faith intention to prosecute the eral law should superimpose it. We appeals court Judge J. Harvie action against all defendants. have got a situation by which the idea Wilkinson of the Fourth Circuit Court As the Federal court in Faulk v. of States’ laws being sovereign and of Appeals to publicly support congres- Husqvarna Consumer Outdoor Products States having more authority and giv- sional action to change the standards N.A., Inc., said: ing more power to the States falls sec- for joinder to allow judges greater Where the plaintiff’s collective litigation ond to being for things that corpora- flexibility in making the right deci- actions, viewed objectively, clearly dem- tions and the NRA desire. In those sions on questions of removal to Fed- onstrate a lack of good faith intention to

VerDate Sep 11 2014 04:00 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.024 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H910 CONGRESSIONAL RECORD — HOUSE February 25, 2016 pursue a claim to judgment against a non- pleadings, affidavits, and other evi- Tennessee, on the restoration of the diverse local defendant, the court should dis- dence submitted by the parties since Voting Rights Act. We find ourselves miss the nondiverse defendant and retain ju- this bill turns a simple procedural de- again in a challenge that I hope can be risdiction over the case. termination into a merits determina- fixed. b 1330 tion. First, I want to make it very clear The language of this provision is At a minimum, the bill will allow that I practiced law for a number of taken almost verbatim from an often- corporate defendants to successfully years and served as an associate mu- cited decision in the Third Circuit, In force the plaintiff to expend their lim- nicipal court judge and as well was a re Briscoe: ‘‘The court said that joinder ited resources on what should be a sim- quasi-prosecutor on the Select Com- is fraudulent if ‘there is . . . no real in- ple procedural matter. mittee on Assassinations which, I tention in good faith to prosecute the Under this bill, this preliminary deci- allow, this body did research when that action against the defendant or seek a sion would become a baseless, time- select committee was in place the joint judgment.’ ’’ consuming merits inquiry of the case issues of the investigations of Dr. Mar- I urge all my colleagues to support before a second time-consuming merits tin Luther King’s assassination and this simple, commonsense bill that will inquiry on the substance. While large John F. Kennedy. protect innocent local parties from corporations can easily accommodate So I know the importance of lawyers, being dragged into expensive and time- such cost, injured workers, consumers, of which I have the greatest respect consuming lawsuits for the sole reason and patients cannot. and of which I am one. I understand of furthering a trial lawyer’s forum I am amazed by some of my col- that trial lawyers are representing shopping strategy. leagues who, with this bill, will bring both defendants and plaintiffs and cor- Mr. CONYERS. Mr. Chairman, I yield even more cases to our Federal courts. porations come into the court with 3 minutes to the gentleman from New I don’t need to remind you that our trial lawyers. So I am a little taken York (Mr. NADLER), a veteran member Federal courts are facing an enormous aback by any suggestion that the of the House Judiciary Committee. number of judicial vacancies with no words ‘‘trial lawyers’’ have a negative Mr. NADLER. Mr. Chairman, I rise in end in sight due to delays in confirma- connotation. opposition to the so-called Fraudulent tions in the other body. Anyone who wants to win a case in a Joinder Prevention Act. Yet, this bill would increase the courtroom must have a lawyer, and The main purpose of the bill is to workload of the Federal courts with you would want to make sure that they make it easier to remove State cases to cases based on the flimsiest of Federal are a trial lawyer. As well, you want to Federal courts where large corporate jurisdiction. It makes no sense. This make sure that you have the rights of defendants have numerous advantages bill will take up valuable Federal court due process. over consumers, patients, and injured time with State claims based on State So I would make the argument that workers. law, preventing the Federal courts trial lawyers go into court, whether This bill is yet another attempt by from hearing and managing cases that they are representing corporations or the Republicans to tilt the legal play- are properly before them. plaintiffs. Corporations in many in- ing field in favor of large corporations. Finally, despite its name, this bill is stances may be defendants. It will clog the Federal courts, drain not about fraud. Indeed, the proponents In that case, I will tell you you are judicial resources, upset well-estab- cite no example that alleges actual making it far more difficult by pushing lished law, and delay justice for plain- fraud. cases into the Federal court under H.R. tiffs seeking to hold corporations ac- I would say this is a bill in search of 3624. It is more expensive and they take countable for harming consumers or in- a problem. I would say that, if I didn’t longer, making it difficult for workers, juring workers. understand, the true purpose of the bill consumers, and patients generally to This bill is part of a general effort by is not to stop fraud, but to further tilt have their cases closer to home in the Republicans to close off access to the scales of justice in favor of big cor- State courts. the courts to ordinary Americans. With porations over the needs of ordinary However, there may be an instance every step the Republicans take, Americans. where a corporation is a plaintiff and whether it be to put forward bills to For these reasons, I oppose it. I urge you will have the same blocking of make class action suits more difficult, all of my colleagues to oppose this bill that corporation by this bill. to remove more local cases to Federal as well. If this bill was enacted, it would tip courts, to reclassify more lawsuits as We should defeat this bill and start the scales of justice in favor of cor- frivolous and subject to mandatory making Congress great again. porate defendants or others that make sanctions, or to oppose legislative at- Mr. GOODLATTE. Mr. Chairman, I it more difficult for injured plaintiffs. tempts to limit mandatory arbitration reserve the balance of my time. It would effectively eliminate the local clauses, they are transforming our sys- Mr. CONYERS. Mr. Chairman, I yield defendant exception by diversity juris- tem of justice. 31⁄2 minutes to the distinguished gen- diction. I heard someone say—and it Our courts are being turned into a tlewoman from Texas (Ms. JACKSON bears repeating—it is a solution look- forum where only very rich people can LEE). ing for a problem. get justice, where corporations can eas- Ms. JACKSON LEE. Mr. Chairman, The current standard used by the ily escape liability, and where con- just a few minutes ago the Judiciary courts to determine whether the join- sumers and the injured can get no re- Committee ranking and chairman were der of a nondiverse defendant is im- lief, and it is all tilted one way. in a hearing that exuded bipartisan ex- proper, however, has been in place for a There is nothing in this bill or in any pressions for fixing the challenges that century. We have no evidence that this other bill put forward by the other side we have, with the location of data and has put anyone in a position of not get- that will help ordinary consumers hold international requests for data being ting due process. That is our goal in big corporations responsible for actions held by America’s technology compa- the court system. that harm the little guy. nies. It was an interesting and open The fraudulent joinder doctrine is Under this so-called Fraudulent Join- discussion, which I want to evidence on well established and, in fact, will only der Prevention Act, anytime there is a the RECORD. be found if the defendant establishes case with at least one instate, non- The Judiciary Committee is con- that the joinder of the diversity-de- diverse, and out-of-state, diverse, de- tinuing and has had over the years bi- stroying party in the State court was fendant, the defendants will use this partisan approaches to a number of dif- made without a reasonable basis. We forum shopping bill law to delay jus- ficult questions, which we have solved, have a system, but this particular bill tice. including our approach to criminal jus- reverses this longstanding policy by These attempted removals will result tice reform. I thank the chairman and imposing new requirements. in contentious disputes over whether ranking member for that. Finally, Mr. Chairman, if I might, the court has jurisdiction. It will drain I also want to acknowledge that we further taking away a defendant’s re- court time, as the courts will have to have some challenges, as was evidenced sponsibility to prove that Federal ju- engage in almost a minitrial, reviewing by comments from the gentleman from risdiction over State cases is improper

VerDate Sep 11 2014 01:44 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.025 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H911 alters the fundamental precept of a suade plaintiffs from pursuing otherwise meri- Republican-led bill to benefit big busi- party seeking removal. torious claims. ness. I ask my colleagues to recognize that Further, taking away a defendant’s responsi- H.R. 3624, the Fraudulent Joinder we have bipartisanship on this com- bility to prove that federal jurisdiction over a Protection Act, as it is so called, is a mittee. state case is indeed proper alters the funda- solution in search of a problem. I oppose this legislation and ask my mental precept that a party seeking removal Current Federal law already provides colleagues to oppose it. should bear the heavy burden of establishing Federal courts with ample tools to ad- I thank the gentleman for yielding and rise federal court jurisdiction. dress possible forum shopping. This in strong opposition to H.R. 3624, the ‘‘Fraud- The bill is a win-win for corporate defend- crony-capitalist legislation would add ulent Joinder Prevention Act of 2016.’’ ants. needless complications for civil liti- H.R. 3624 is the latest effort to deny plain- At its most harmful, it will cause non-diverse gants seeking redress for violent tiffs access to the forum of their choice and, defendants to be improperly dismissed from claims in the State courts. possibly, to their day in court. the lawsuit. Two, it further stretches the already H.R. 3624 seeks to overturn longstanding At its least harmful, it will cause an expen- limited resources Federal courts are precedent in favor of a vague and unneces- sive, time-consuming detour through federal experiencing due to Republican-passed, sary test that forces state cases into federal courts for plaintiffs. budget-cutting sequestration measures. court when they don’t belong there, and gives Wrongdoers would not be held accountable Currently America is burdened with large corporate defendants an unfair advan- for the harm they cause, while the taxpayers a Republican Party-caused judicial va- tage to pick and choose their forum without ultimately foot the bill. cancy crisis in this Nation’s Federal the normal burden of proving proper jurisdic- For example: large corporate defendants courts, where there are over 81 Federal tion. (i.e. typically the diverse defendants) would be court judicial vacancies around the If enacted this bill would tip the scales of favored by the bill because, if the nondiverse country, including the one left vacant justice in favor of corporate defendants and defendant is dismissed, they can blame the by the passing of Justice Scalia. make it more difficult for injured plaintiffs to now-absent in-state defendant for the plaintiff’s Republicans—who control the Senate bring their state claims in state court. injuries. and who, in the press conferences and H.R. 3624 would effectively eliminate the Smaller, nondiverse defendants would also meetings they have held this week, local defendant exception to diversity jurisdic- be favored because the diverse defendant have fully exposed their plot to add to tion under 28 U.S.C. 1441(b)(2), which cur- does all the work for them. this judicial crisis—are refusing to fill rently prohibits removal to federal court even The diverse defendant removes the case to that vacancy on the country’s highest when there is complete diversity when a de- federal court and then argues that the non- Court, and they have an ulterior pur- fendant is a citizen of the state in which the diverse defendant is improperly joined. pose for doing so. action is brought. If the federal court retains jurisdiction, the That purpose, ladies and gentlemen, The current standard used by courts to de- nondiverse defendant must be dismissed from is because they know that justice de- termine whether the joinder of a non-diverse the case. layed is justice denied. They want to defendant is improper, however, has been in If one or more defendants are dismissed gum up the works of the Federal courts place for a century, and no evidence has been from the case, it is easy for the remaining de- by defunding the Federal courts while put forth demonstrating that this standard is fendant to finger point and blame the absent at the same time bogging them down not working. defendant for the plaintiff’s injuries. with State court matters that should Rather, the ‘‘Fraudulent Joinder Doctrine,’’ is Even if a federal court remands the case to be left to the States, and then what it a well-established legal doctrine providing that: state court under the bill, the defendants have results in is crony capitalists being fraudulent joinder will only be found if the de- successfully forced the plaintiff to expend their able to avoid being held accountable in fendant establishes that the joinder of the di- limited resources on a baseless, time-con- the State or Federal courts. versity-destroying party in the state court ac- suming motion on a preliminary matter. So this Congress should not further tion was made without a reasonable basis of While large corporate defendants can easily burden the Federal courts, which are proving any liability against that party. accommodate such costs, plaintiffs (i.e. injured already strapped for time and re- H.R. 3624 reverses this longstanding policy consumers, patients and workers) cannot. sources, when State courts are more by imposing new requirements on federal Regardless of whether the case is re- suited and capable of hearing State— courts considering remand motions where a manded to state court or stays in federal not Federal, but State—law claims as case is before the court solely on diversity court, this new, mandated inquiry will be a State courts have been empowered to grounds. drain on the limited resources of federal do since this country was formed. Specifically, it changes the test for showing courts. The Acting CHAIR (Mr. WALKER). improper joinder from a one-part test (‘‘no pos- By mandating a full merits-inquiry on a pro- The time of the gentleman has expired. sibility of a claim against a nondiverse defend- cedural motion, H.R. 3624 is expensive, time- Mr. CONYERS. Mr. Chairman, I yield ant’’) to a complicated four-part test, requiring consuming, and wasteful use of judicial re- an additional 1 minute to the gen- the court to find fraudulent joinder if: There is sources. tleman from Georgia. not a ‘‘plausible’’ claim for relief against each Lastly, by seeking to favor federal courts Mr. JOHNSON of Georgia. The 10th nondiverse defendant; There is ‘‘objective evi- over state courts as forums for deciding state Amendment in this country means dence’’ that ‘‘clearly demonstrates’’ no good law claims, this bill offends principles of fed- something. It means something to Re- faith intention to prosecute the action against eralism. publicans, and it means something to each defendant or intention to seek a joint The ability of state courts to function inde- Democrats. Sometimes we disagree on judgment; There is federal or state law that pendently of federal courts’ procedural anal- what it means and what impacts it clearly bars claims against the nondiverse de- ysis is a necessary function of the success of should have. fendants; or There is actual fraud in the plead- the American judiciary branch. But there is no doubt that the Fed- ing of jurisdictional facts. For these, reasons I urge my colleagues to eral court system has its body of law What should be a simple procedural ques- join me in opposing H.R. 3624, the Fraudulent and the citizens should be able to bring tion for the courts, now becomes a protracted Joinder Prevention Act. their claim into their State courts, as mini-trial, giving an unfair advantage to the de- Mr. GOODLATTE. Mr. Chairman, I they have been doing since this coun- fendants (not available under current law) by continue to reserve the balance of my try’s foundation. allowing defendants to engage the court on time. They use the 10th Amendment when the merits of their position. Mr. CONYERS. Mr. Chairman, I yield it is convenient to them, and then they By requiring litigation on the merits at a nas- 2 minutes to the gentleman from Geor- violate it when it is not convenient. cent jurisdictional stage of litigation based on gia (Mr. JOHNSON), another distin- That is not the way that conscientious vague, undefined, and subjective standards guished member of the House Judiciary Republicans should operate. I chal- like ‘‘plausibility’’ and ‘‘good faith intention,’’ Committee. lenge them to stop this encroachment and by potentially placing the burden of proof Mr. JOHNSON of Georgia. Mr. Chair- on states’ rights. on the plaintiff, this bill will increase the com- man, I return to the floor today for the This legislation presumes that Fed- plexity and costs surrounding litigation of state second time in as many months to eral courts are not currently pre- law claims in federal court and potentially dis- speak against another crony-capitalist, venting forum shopping in civil suits,

VerDate Sep 11 2014 01:44 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.027 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H912 CONGRESSIONAL RECORD — HOUSE February 25, 2016 but there is absolutely no credible evi- court jurisdiction. At a preliminary stage, court on the theory that the plaintiff had dence that Federal courts are failing to the court is required to engage in exhaustive fraudulently joined a non-diverse defendant do their duty. fact finding on the merits even before sum- for the purpose of defeating federal-court ju- I ask my colleagues to oppose this mary judgment. The bill instructs the court risdiction. The purpose of the bill, as made to use subjective and vague criteria, like clear in the September 29, 2015, hearing, is to crony-capitalist legislation. ‘‘objective evidence clearly demonstrates assist defendants in keeping cases in federal Mr. GOODLATTE. Mr. Chairman, I that there is no good faith intention’’ or court after removal. The bill purports to ef- reserve the balance of my time. ‘‘based on the complaint . . . it is not plau- fectuate this purpose by specifying that the Mr. CONYERS. Mr. Chairman, I yield sible to conclude,’’ creating uncertainty as federal court consider evidence, such as affi- myself 1 minute. courts struggle with how to interpret and davits, and by specifying four findings that I thought you might be interested in apply this new standard. The bill provides no would require a federal district court to deny knowing that 21 different organizations evidentiary standards to help courts make a plaintiff’s motion to remand. strongly oppose H.R. 3624, the Fraudu- such a complex decision. And requiring the Congress should not get into the business lent Joinder Prevention Act, including: court to engage in extensive factual adju- of micro-managing the motion practice of the American Association for Justice, dication at this early stage raises significant the federal courts without strong evidence 7th Amendment ‘‘right to jury trial’’ con- that current court procedures are not serv- the Center for Effective Government, stitutional concerns. As Professor Hoffman ing their purpose: facilitating justice. In this the Center for Justice and Democracy, put it in testimony to this committee, al- case, however, the hearing provided no sup- the Consumer Federation of America, though the bill is short in length, its provi- port for the assumption that the district the D.C. Consumer Rights Coalition, sions are ‘‘anything but modest; if enacted, courts are not denying motions to remand in Main Street Alliance, the National As- they would dramatically alter existing juris- appropriate cases. Witness testimony that sociation of Consumer Advocates, the dictional law.’’ different courts state different standards for National Disability Rights Network’s The process contemplated by this bill reviewing such motions does not support a lawyers, the National Employment would be not only unfair to and incredibly call for congressional action, unless the ex- expensive for the plaintiff, but also an enor- istence of different standards is leading to Lawyers Association. mous waste of judicial resources. There is no unjust results. The testimony, however, did I include in the RECORD the letter reason for these state based claims to be not demonstrate that the courts’ current ap- containing the list of groups that heard in federal court other than corpora- proach results in injustice, and it did not ex- strongly oppose H.R. 3624. tions’ desire to engage in forum shopping. plain how results would differ under the FEBRUARY 23, 2016. Yet, there is no evidence whatsoever that na- standard proposed in the bill and why any Re Groups Strongly Oppose H.R. 3624, ‘‘The tional corporations, who choose to avail difference would be an improvement. Simply Fraudulent Joinder Prevention Act’’. themselves of the marketplaces in states put, the bill is a supposed fix for an imagined across the country, complying with multiple problem. The House should hesitate before Hon. PAUL RYAN, state laws in the process, should then have a taking the step into micromanagement of Speaker, House of Representatives, problem appearing in state court. the federal courts’ consideration of one spe- Washington, DC. H.R. 3624 will have a destructive impact on cific type of motion, where that motion has Hon. NANCY PELOSI, our state and federal judiciary. Professor existed for more than a century and evidence Minority Leader, House of Representatives, Hoffman said in his testimony, ‘‘Finally, by of a problem is so flimsy. Washington, DC. divesting state courts of jurisdiction and de- Thank you for consideration of our views. DEAR SPEAKER RYAN AND LEADER PELOSI: Sincerely, The House will soon be voting on H.R. 3624, ciding merits questions that state courts ROBERT WEISSMAN, the ‘‘Fraudulent Joinder Prevention Act.’’ now routinely resolve, proponents appear President, Public Citizen. This bill would upend long established law in deaf to the serious federalism concerns that the area of federal court jurisdiction, place the bill raises.’’ We urge you to oppose this EXECUTIVE OFFICE OF THE PRESI- unreasonable burdens on the federal judici- legislation. DENT, OFFICE OF MANAGEMENT ary, and make it more difficult for Ameri- Thank you. AND BUDGET, cans to enforce their rights in state courts. Very sincerely, Alliance for Justice, American Association Washington, DC, February 24, 2016. The undersigned organizations strongly op- of Justice, Americans for Financial Reform, pose the bill as harmful and unnecessary. STATEMENT OF ADMINISTRATION POLICY Asbestos Disease Awareness Organization, Under our system of government, federal H.R. 3624—FRAUDULENT JOINDER PREVENTION Center for Effective Government, Center for court jurisdiction is supposed to be very lim- ACT OF 2016 (REP. BUCK, R–CO) Justice & Democracy, Consumer Federation ited. State courts should not be deprived of The Administration strongly opposes H.R. jurisdiction over a claim they should prop- of America, Consumer Action, Consumer Watchdog, Consumers for Auto Reliability 3624 because it is a solution in search of a erly hear, so the burden is always on the problem and makes it more difficult for indi- party trying to get into federal court to and Safety, D.C. Consumer Rights Coalition, Essential Information, Homeowners Against viduals to vindicate their rights in State show why it should be there. When a case is courts. properly in state court, only complete ‘‘di- Deficient Dwellings. Main Street Alliance, National Association Federal law currently permits defendants versity’’ can support removing it to federal to remove to Federal court a civil case ini- court, meaning that no plaintiff in a case of Consumer Advocates, National Consumer Law Center (on behalf of its low income cli- tially filed in State court where the plain- may come from the same state as any de- tiffs and defendants are citizens of different fendant. ents), National Consumer Voice for Quality Long-Term Care, National Consumers States and the case’s value exceeds a certain H.R. 3624 would undermine this funda- monetary threshold. H.R. 3624 purports to mental precept and force state cases into League, National Disability Rights Network, National Employment Lawyers Association, address a problem called fraudulent joinder, federal court when they don’t belong there. where plaintiffs fraudulently raise claims The bill would do this by transforming the Protect All Children’s Environment, SC Appleseed Legal Justice Center, Texas against a same-state defendant in order to centuries-old concept called ‘‘fraudulent defeat the Federal court’s ability to hear the joinder,’’ which is a way to defeat complete Watch, The Impact Fund, Woodstock Insti- tute, Workplace Fairness. case. diversity; i.e., when non-diverse defendants Existing Federal law already provides Fed- are in case. Despite its name, joining such eral courts with ample tools to address this PUBLIC CITIZEN, defendants is rarely ‘‘fraudulent’’ and has problem, and the proponents of H.R. 3624 Washington, DC, February 18, 2016. been accepted practice for over a century. As have offered no credible evidence that the Re Opposition to H.R. 3624, The Fraudulent Lonny Hoffman, Law Foundation Professor Federal courts are failing to carry out their Joinder Prevention Act of 2015. of Law at the University of Houston Law responsibility to prevent fraudulent joinder. Center, explained in testimony to this com- HOUSE OF REPRESENTATIVES, The bill would therefore add needless com- mittee, under current, ‘‘well-settled law, Washington, DC. plexity to civil litigation and potentially fraudulent joinder will only be found if the DEAR REPRESENTATIVE: I am writing on be- prevent plaintiffs from raising valid claims defendant establishes that the joinder of the half of Public Citizen, a non-profit member- in State court. diversity-destroying party in the state court ship organization with more than 400,000 If the President were presented with H.R. action was made without a reasonable basis members and supporters nationwide, to ex- 3624, his senior advisors would recommend of proving any liability against that party.’’ press opposition to H.R. 3624, the Fraudulent that he veto the bill. Current law ‘‘strikes an appropriate balance Joinder Prevention Act of 2015. This bill is among competing policies in how it evalu- an unnecessary intrusion into the province Mr. CONYERS. Mr. Chairman, I yield ates the joinder of non-diverse defendants.’’ of the federal courts. back the balance of my time. However, H.R. 3624 would dramatically H.R. 3624 addresses a federal district b 1345 change this longstanding, efficient and well- court’s consideration of a plaintiff’s motion functioning law. The bill alters the funda- to remand a case to state court, after a de- Mr. GOODLATTE. Mr. Chairman, I mental precept that a party seeking removal fendant has removed the case from the state yield myself such time as I may con- has a very heavy burden to establish federal court in which it was filed to federal district sume.

VerDate Sep 11 2014 05:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.028 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H913 Mr. Chairman, it is not often that ‘‘(4) If the court finds fraudulent joinder Mr. CONYERS. Members of the the House has the opportunity to pro- under paragraph (2), it shall dismiss without House, I oppose the manager’s amend- tect innocent local people and busi- prejudice the claims against the defendant or ment, something I rarely ever do. nesses from costly and meritless law- defendants found to have been fraudulently While I don’t take issue with the joined and shall deny the motion described in suits and holding them to a good faith paragraph (1)(B).’’. changes to the bill that the manager’s standard in litigation all by passing a amendment makes, this amendment The Acting CHAIR. No amendment bill that is just a few pages long, but fails to address any of the concerns to the committee amendment in the that is the opportunity the House has that I raised about the underlying bill nature of a substitute shall be in order today. because the bill is flawed in its very except those printed in House Report I thank the gentleman from Colorado conception. 114–428. Each such amendment may be (Mr. BUCK), a member of the Com- There is no real problem that this offered only in the order printed in the mittee on the Judiciary, for intro- bill addresses. Existing fraudulent join- report, by a Member designated in the ducing this vital measure, and I urge der law adequately addresses the im- report, shall be considered read, shall all my colleagues to join me in sup- proper joinder of instate defendants, be debatable for the time specified in porting it. and the bill’s proponents have offered the report, equally divided and con- Mr. Chair, I yield back the balance of no evidence to the contrary. trolled by the proponent and an oppo- my time. This unnecessary bill instead creates nent, shall not be subject to amend- The Acting CHAIR. All time for gen- great uncertainty and delay in the con- ment, and shall not be subject to a de- eral debate has expired. sideration of State law claims with its mand for division of the question. Pursuant to the rule, the bill shall be ambiguous new requirements. It will AMENDMENT NO. 1 OFFERED BY MR. BUCK considered for amendment under the 5- also spawn much litigation, leading to The Acting CHAIR. It is now in order minute rule. increased costs that will be borne dis- to consider amendment No. 1 printed in It shall be in order to consider as an proportionately by plaintiffs. House Report 114–428. original bill for the purpose of amend- This bill, in addition, violates State Mr. BUCK. Mr. Chairman, I have an ment under the 5-minute rule the sovereignty by significantly dimin- amendment in the nature of a sub- amendment at the desk. The Acting CHAIR. The Clerk will ishing the ability of State courts to de- stitute recommended by the Com- designate the amendment. cide and shape State law matters. mittee on the Judiciary printed in the The text of the amendment is as fol- Those are my objections to the man- bill. The committee amendment in the lows: ager’s amendment. I hope it will be nature of a substitute shall be consid- Page 4, line 1, strike ‘‘the defendant or de- voted down. ered as read. fendants’’ and insert ‘‘a defendant’’. Mr. Chairman, I yield back the bal- The text of the committee amend- Page 4, line 5, after ‘‘facts’’ insert ‘‘with ance of my time. ment in the nature of a substitute is as respect to that defendant’’. The Acting CHAIR. The question is follows: Page 4 beginning in line 9 and ending in on the amendment offered by the gen- line 10, strike ‘‘each defendant described in H.R. 3624 tleman from Colorado (Mr. BUCK). paragraph (1)(B)’’ and insert ‘‘that defend- Be it enacted by the Senate and House of Rep- ant’’. The amendment was agreed to. resentatives of the United States of America in Page 4, beginning in line 12 and ending in AMENDMENT NO. 2 OFFERED BY MR. Congress assembled, line 13, strike ‘‘all defendants described in CARTWRIGHT SECTION 1. SHORT TITLE. paragraph (1)(B)’’ and insert ‘‘that defend- The Acting CHAIR. It is now in order This Act may be cited as the ‘‘Fraudulent ant’’. to consider amendment No. 2 printed in Joinder Prevention Act of 2016’’. Page 4, beginning in line 16 and ending in House Report 114–428. line 17, strike ‘‘all defendants described in SEC. 2. PREVENTION OF FRAUDULENT JOINDER. Mr. CARTWRIGHT. Mr. Chairman, I Section 1447 of title 28, United States Code, is paragraph (1)(B)’’ and insert ‘‘that defend- amended by adding at the end the following: ant’’. have an amendment at the desk. ‘‘(f) FRAUDULENT JOINDER.— Page 4, line 17, after ‘‘joint judgment’’ in- The Acting CHAIR. The Clerk will ‘‘(1) This subsection shall apply to any case in sert ‘‘including that defendant’’. designate the amendment. which— Page 4, line 23, strike ‘‘fraudulent joinder’’ The text of the amendment is as fol- ‘‘(A) a civil action is removed solely on the and insert ‘‘that all defendants described in lows: basis of the jurisdiction conferred by section paragraph (1)(B) have been fraudulently Page 5, line 2, strike the close quotation 1332(a); joined’’. mark and the period which follows. ‘‘(B) a motion to remand is made on the Page 4, beginning in line 25 and ending in Page 5, after line 2, insert the following: ground that— line 1 of page 5 strike ‘‘the defendant or de- ‘‘(5) This subsection shall not apply to a ‘‘(i) one or more defendants are citizens of the fendants found to have been fraudulently case in which the plaintiff seeks compensa- same State as one or more plaintiffs; or joined’’ and insert ‘‘those defendants’’. tion resulting from the bad faith of an in- ‘‘(ii) one or more defendants properly joined The Acting CHAIR. Pursuant to surer.’’. and served are citizens of the State in which the House Resolution 618, the gentleman The Acting CHAIR. Pursuant to action was brought; and from Colorado (Mr. BUCK) and a Mem- ‘‘(C) the motion is opposed on the ground that ber opposed each will control 5 min- House Resolution 618, the gentleman the joinder of the defendant or defendants de- from Pennsylvania (Mr. CARTWRIGHT) scribed in subparagraph (B) is fraudulent. utes. The Chair recognizes the gentleman and a Member opposed each will con- ‘‘(2) The joinder of the defendant or defend- trol 5 minutes. ants described in paragraph (1) (B) is fraudu- from Colorado. lent if the court finds that— Mr. BUCK. Mr. Chairman, this man- The Chair recognizes the gentleman ‘‘(A) there is actual fraud in the pleading of ager’s amendment simply makes a few from Pennsylvania. jurisdictional facts; technical changes to the bill; namely, Mr. CARTWRIGHT. I yield myself ‘‘(B) based on the complaint and the materials striking references to multiple defend- such time as I may consume. submitted under paragraph (3), it is not plau- ants and replacing them with ref- Mr. Chairman, I also oppose the un- sible to conclude that applicable State law erences to single defendants to make derlying bill, which I call the wrong- would impose liability on each defendant de- doers protection act for multistate and scribed in paragraph (1)(B); clear that even if one instate defendant ‘‘(C) State or Federal law clearly bars all has a legitimate connection to the multinational corporations, and for claims in the complaint against all defendants case, the case can remain in State that purpose I add this amendment. described in paragraph (1)(B); or court. It is no coincidence that these cor- ‘‘(D) objective evidence clearly demonstrates I urge my colleagues to support this porate wrongdoers want to force con- that there is no good faith intention to pros- technical and clarifying amendment. sumers to fight them in the Federal ecute the action against all defendants de- Mr. Chairman, I yield back the bal- court. That is the effect of this bill, to scribed in paragraph (1)(B) or to seek a joint ance of my time. enlarge Federal court diversity juris- judgment. diction. ‘‘(3) In determining whether to grant or deny Mr. CONYERS. Mr. Chairman, I rise a motion under paragraph (1)(B), the court may in opposition to the amendment. It is no coincidence that the cor- permit the pleadings to be amended, and shall The Acting CHAIR. The gentleman porate wrongdoers want to fight there. consider the pleadings, affidavits, and other evi- from Michigan is recognized for 5 min- It is not because they think the Fed- dence submitted by the parties. utes. eral judges are better looking or that

VerDate Sep 11 2014 01:44 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.030 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H914 CONGRESSIONAL RECORD — HOUSE February 25, 2016 the Federal judges are more polite or multistate, multinational corpora- Now, let me say a little something that the decor is nicer in Federal tions. about this amendment based on my ca- court. No. They want to go there be- Number four, and maybe most impor- reer as a prosecutor. cause they are more likely to beat con- tantly, the underlying bill is wrong- As a prosecutor, I deeply respected sumers in Federal court cases. headed because these cases, called di- all the rules we have developed in this After a generation of bad decisions versity cases, are filed in State court country to protect the innocent. These by the Supreme Court of the United under State law; and ever since the are rules of general application, such States, Federal court has become 1930s in the Erie Railroad case, if you as rules protecting people’s rights to candy land for corporate wrongdoers, take these cases and handle them in have their side of the story told and generations of bad decisions that invite Federal court, the Federal judges have rules protecting people from biased or and exhort district judges to forget to follow State law, not Federal law. inaccurate testimony. I would have about the 7th Amendment in the Bill of Mr. Chairman, there is nobody better been appalled if anyone ever suggested Rights. You remember what that says. at interpreting State law than State that these general protections designed It was written by James Madison. It court judges. It stands to reason. to protect innocent people from crimi- was announced as approved by Sec- I offer this amendment that is on the nal liability should be suspended be- retary of State Thomas Jefferson, desk to exempt consumer cases against cause the case was one of assault or whose statue stands right outside this insurance companies for bad faith in battery or murder or somehow related Chamber. It says this: ‘‘In suits at insurance practices. If the majority is to insurance. common law, where the value in con- going to persist and present this gift, Our country is rightfully proud of its troversy shall exceed twenty dollars, this enormous gift to the multistate principles providing due process and the right of trial by jury shall be pre- and multinational corporate wrong- equal protection, but those concepts served.’’ doers, at least include this amendment are meaningless if they are only selec- There is nothing ambiguous about and give a couple of crumbs to the av- tively applied to some cases but not that. But since the 1980s, there has erage American consumer trying to de- others. For the same reason, we should been this steady drumbeat of Supreme fend himself or herself in court. all be outraged at the suggestion that Court of the United States decisions Mr. Chairman, I reserve the balance rules of fairness designed to protect the encouraging and emboldening Federal of my time. innocent should be suspended in civil Mr. BUCK. Mr. Chairman, I rise in court judges to decide and dismiss law because the case involves one par- opposition to the amendment. cases without the trouble of a jury ticular subject or another. But that is The Acting CHAIR. The gentleman exactly what this misguided amend- trial. from Colorado is recognized for 5 min- Their toolkit is enormous: motions ment does. utes. to dismiss, motions for judgment on Further, courts could read this Mr. BUCK. I yield myself such time amendment as not even allowing them the pleadings, motions for summary as I may consume. judgment, motions for directed verdict, to consider the fraudulent joinder ar- Mr. Chairman, this amendment gument for cases within its coverage, motions for judgment as a matter of should be roundly opposed for the sim- law. no matter how clear it was that there ple reason that not only does it not was no valid claim against the local de- Cases do get thrown out every day protect any victims, but it also victim- without the trouble of jury trials, and fendant under State law. izes innocent local parties in the types This bill defines and limits fraudu- the Seventh Amendment right to jury of cases covered by the amendment. lent joinder. It does not license courts trial is not preserved. That is why The purpose of this bill is to allow to make up their own fraudulent join- wrongdoer corporations prefer to be in judges greater discretion to free inno- der doctrines for cases not within its Federal court. So that is the backdrop, cent local parties—that is, innocent coverage. Under that reading, claims Mr. Chairman. people and innocent small businesses— could be made against local insurance On top of that, I want to give you from lawsuits when those innocent agents with no factual basis supporting some very strong reasons why this un- local parties are dragged into a case for the lawsuit. derlying bill is bad. Number one, it is no other reason than to further a trial The amendment would also allow a discriminatory. Unless you are a lawyer’s forum-shopping strategy. plaintiff’s lawyer to drag an individual multistate or multinational corpora- These innocent local parties have, at insurance adjuster into a lawsuit even tion, this bill doesn’t help you. If you most, an attenuated connection to the when the applicable State law makes are an individual sued in State court, claims by the trial lawyer against absolutely clear that only insurers, not you get no help. If you are a small- some national company a thousand individual people, are subject to bad business owner only doing work in miles away, and these innocent local faith claims. your State, you are out of luck. This parties shouldn’t have to suffer the How does a sponsor explain to a per- doesn’t provide you any help. Only time, expense, and emotional drain of a son like Jack Stout why a lawyer multistate, multinational corporations lawsuit when the plaintiff cannot even pulled him into a bad faith lawsuit tar- get help, and that is why I call this the come up with a plausible claim against geting State Farm? Mr. Stout was a wrongdoers protection act for it. The base bill protects those inno- local insurance agent who merely sold multistate and multinational corpora- cent local parties from being dragged a policy to the plaintiff, met and spoke tions. into a lawsuit brought against some with the plaintiff once, and had noth- Number two, it is burdensome. Rep- other party for no other reason than to ing to do with processing the plaintiff’s resentative JOHNSON from Georgia al- keep the case in a State court the trial homeowner insurance claim. ready made this point. The Federal lawyer prefers. A Federal district court in Oklahoma courts are already overworked and Now, enter this amendment, which found he was fraudulently joined and understaffed. The civil caseload al- denies the bill’s protections to inno- dismissed the claim against him. But ready is growing at 12 percent a year— cent local parties joined to a lawsuit under this amendment, this innocent much of that, by the way, contract simply because the legal allegations in person could be struck back into the cases filed by corporations. There are the case fall into one arbitrary cat- lawsuit. currently 81 vacancies in the Federal egory rather than another. That is ter- How does the sponsor explain to a judiciary. There is no reason to add to ribly unfair. person like Douglas Bradley why a this burden. If this were any other kind of bill de- plaintiff’s lawyer named him as a de- Number three, this bill is ironic. We signed to protect innocent people, no fendant in a bad faith lawsuit against have a crowd in this House that con- one would argue that it shouldn’t apply an insurer? In that case, the complaint stantly preaches about states’ rights when the lawsuit relates to a bad faith included Mr. Bradley, an insurance and the need to cut back on the Fed- suit against an insurance company. In- agent, as a defendant in the caption re- eral Government. But a bill like this nocent people are innocent people, and ferred to as defendant, singular, not de- comes along, and they drop that states’ they should be protected from being fendants throughout, and did not even rights banner like it is a hot potato dragged into lawsuits, regardless of the mention Mr. Bradley in the body of the and pick up the coat of arms of the nature of the case. complaint.

VerDate Sep 11 2014 01:44 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.035 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H915 A Federal district court in Indiana FRAUDULENT JOINDER Langevin Norcross Serrano dismissed the claim against him as PREVENTION ACT OF 2016 Larsen (WA) O’Rourke Sewell (AL) Larson (CT) Pallone Sherman fraudulently joined, but under this The SPEAKER pro tempore. Pursu- Lawrence Pascrell Sinema amendment, this innocent person could ant to House Resolution 618 and rule Lee Payne Sires Levin Pelosi be sucked back into the lawsuit, and XVIII, the Chair declares the House in Slaughter that is not fair. Lieu, Ted Perlmutter Speier the Committee of the Whole House on Lipinski Peters Swalwell (CA) For all these reasons, this amend- the state of the Union for the further Loebsack Peterson Takai Lofgren Pingree ment should be soundly rejected. Takano consideration of the bill, H.R. 3624. Lowenthal Pocan Mr. Chairman, I reserve the balance Thompson (CA) Will the gentleman from Illinois (Mr. Lowey Polis Thompson (MS) of my time. HULTGREN) kindly take the chair. Lujan Grisham Posey (NM) Price (NC) Titus Tonko b 1400 1515 Lynch Quigley b Maloney, Rangel Torres Tsongas Mr. CARTWRIGHT. Mr. Chairman, to IN THE COMMITTEE OF THE WHOLE Carolyn Rice (NY) Van Hollen respond to my colleague from Colorado Accordingly, the House resolved Maloney, Sean Richmond who has just cited two cases where, Matsui Ros-Lehtinen Vargas itself into the Committee of the Whole McCollum Roybal-Allard Veasey under existing law and procedure, House on the state of the Union for the McDermott Ruiz Vela fraudulent joinder of bad faith insur- further consideration of the bill (H.R. McGovern Ruppersberger Vela´ zquez ance claims was claimed and actually McNerney Ryan (OH) Visclosky 3624) to amend title 28, United States ´ succeeded, the proof is right there. Meeks Sanchez, Linda Walz Code, to prevent fraudulent joinder, Meng T. The statute does not need to be Wasserman with Mr. HULTGREN (Acting Chair) in Moore Sarbanes Schultz amended. It is working already. That is Moulton Schakowsky Waters, Maxine the chair. Murphy (FL) why we don’t need to include bad faith Schiff Watson Coleman The Clerk read the title of the bill. Nadler Schrader Welch insurance cases in the Wrongdoers Pro- Neal Scott (VA) The Acting CHAIR. When the Com- Yarmuth tection Act for multistate and multi- mittee of the Whole rose earlier today, Nolan Scott, David national corporations. a request for a recorded vote on amend- NOES—237 I yield back the balance of my time. ment No. 2 printed in House Report Abraham Foxx Marino Mr. BUCK. Mr. Chairman, I urge my 114–428 offered by the gentleman from colleagues to oppose this amendment. Aderholt Franks (AZ) Massie Pennsylvania (Mr. CARTWRIGHT) had Allen Frelinghuysen McCarthy I yield back the balance of my time. been postponed. Amash Garrett McCaul The Acting CHAIR. The question is Amodei Gibbs McClintock AMENDMENT NO. 2 OFFERED BY MR. on the amendment offered by the gen- Babin Gibson McHenry CARTWRIGHT Barletta Gohmert McKinley tleman from Pennsylvania (Mr. CART- The Acting CHAIR. Pursuant to Barr Goodlatte McMorris WRIGHT). clause 6 of rule XVIII, the unfinished Barton Gosar Rodgers The question was taken; and the Act- Benishek Gowdy McSally business is the demand for a recorded ing Chair announced that the noes ap- Bilirakis Granger Meadows vote on the amendment offered by the Bishop (MI) Graves (GA) Meehan peared to have it. gentleman from Pennsylvania (Mr. Bishop (UT) Graves (LA) Messer Mr. CARTWRIGHT. Mr. Chairman, I Black Graves (MO) Mica CARTWRIGHT) on which further pro- demand a recorded vote. Blackburn Grothman Miller (FL) ceedings were postponed and on which Blum Guinta Miller (MI) The Acting CHAIR. Pursuant to the noes prevailed by voice vote. Bost Guthrie Moolenaar clause 6 of rule XVIII, further pro- The Clerk will redesignate the Boustany Hanna Mooney (WV) ceedings on the amendment offered by Brady (TX) Hardy Mullin amendment. the gentleman from Pennsylvania will Brat Harper Mulvaney The Clerk redesignated the amend- Bridenstine Harris Murphy (PA) be postponed. ment. Brooks (AL) Hartzler Neugebauer Mr. BUCK. Mr. Chairman, I move Brooks (IN) Heck (NV) Newhouse that the Committee do now rise. RECORDED VOTE Buchanan Hensarling Noem The Acting CHAIR. A recorded vote Buck Hice, Jody B. Nugent The motion was agreed to. Bucshon Hill Nunes Accordingly, the Committee rose; has been demanded. Burgess Holding Olson and the Speaker pro tempore (Mr. A recorded vote was ordered. Byrne Hudson Palazzo Calvert Huelskamp LATTA) having assumed the chair, Mr. The vote was taken by electronic de- Palmer vice, and there were—ayes 178, noes 237, Carter (GA) Huizenga (MI) Paulsen WALKER, Acting Chair of the Com- Carter (TX) Hultgren Pearce mittee of the Whole House on the state not voting 18, as follows: Chabot Hunter Perry of the Union, reported that that Com- [Roll No. 87] Chaffetz Hurd (TX) Pittenger Clawson (FL) Hurt (VA) Pitts mittee, having had under consideration AYES—178 Coffman Issa Poe (TX) the bill (H.R. 3624) to amend title 28, Adams Clyburn Frankel (FL) Cole Jenkins (KS) Poliquin United States Code, to prevent fraudu- Aguilar Cohen Fudge Collins (GA) Jenkins (WV) Pompeo lent joinder, had come to no resolution Ashford Connolly Gabbard Collins (NY) Johnson (OH) Price, Tom Bass Conyers Gallego Comstock Johnson, Sam Ratcliffe thereon. Beatty Costa Garamendi Conaway Jolly Reed Becerra Courtney Graham Costello (PA) Jordan Reichert f Bera Crowley Grayson Cramer Joyce Renacci Beyer Cuellar Green, Al Crawford Kaptur Ribble RECESS Bishop (GA) Cummings Griffith Crenshaw Katko Rice (SC) Blumenauer Curbelo (FL) Grijalva Culberson Kelly (MS) Rigell The SPEAKER pro tempore. Pursu- Bonamici Davis (CA) Gutie´rrez Davis, Rodney Kelly (PA) Roe (TN) ant to clause 12(a) of rule I, the Chair Boyle, Brendan Davis, Danny Hahn Denham King (IA) Rogers (AL) declares the House in recess subject to F. DeFazio Heck (WA) Dent King (NY) Rogers (KY) Brady (PA) DeGette Higgins DeSantis Kinzinger (IL) Rohrabacher the call of the Chair. Brown (FL) DeLauro Himes DesJarlais Kline Rokita Accordingly (at 2 o’clock and 1 Brownley (CA) DelBene Hinojosa Diaz-Balart Knight Rooney (FL) minute p.m.), the House stood in re- Bustos DeSaulnier Honda Dold Labrador Roskam Capps Deutch Huffman Donovan LaHood Ross cess. Capuano Dingell Israel Duffy LaMalfa Rothfus Ca´ rdenas Doggett Jackson Lee Duncan (SC) Lamborn Rouzer f Carney Doyle, Michael Jeffries Duncan (TN) Lance Royce Carson (IN) F. Johnson (GA) Ellmers (NC) Latta Russell b 1515 Cartwright Duckworth Johnson, E. B. Emmer (MN) LoBiondo Salmon Castor (FL) Edwards Jones Farenthold Long Sanford AFTER RECESS Castro (TX) Ellison Keating Fincher Loudermilk Scalise Chu, Judy Engel Kennedy Fitzpatrick Love Schweikert The recess having expired, the House Cicilline Eshoo Kildee Fleischmann Lucas Scott, Austin was called to order by the Speaker pro Clark (MA) Esty Kilmer Fleming Luetkemeyer Sensenbrenner Clarke (NY) Farr Kind Flores Lummis Sessions tempore (Mr. HARRIS) at 3 o’clock and Clay Fattah Kirkpatrick Forbes MacArthur Shimkus 15 minutes p.m. Cleaver Foster Kuster Fortenberry Marchant Shuster

VerDate Sep 11 2014 01:44 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.035 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H916 CONGRESSIONAL RECORD — HOUSE February 25, 2016 Smith (MO) Upton Williams The SPEAKER pro tempore. The advertised the sexual services of the Smith (NE) Valadao Wilson (SC) Clerk will report the motion to recom- minors on the defendant’s Web site. Smith (NJ) Wagner Wittman Smith (TX) Walberg Womack mit. When those plaintiffs brought claims Stefanik Walden Woodall The Clerk read as follows: against the defendants for sexual ex- Stewart Walker Yoder Mrs. Watson Coleman moves to recommit ploitation, assault, battery, unjust en- Stivers Walorski Yoho the bill H.R. 3624 to the Committee on the richment, and civil conspiracy, the Stutzman Walters, Mimi Young (AK) Thompson (PA) Weber (TX) Judiciary with instructions to report the out-of-State defendant attempted to Young (IA) Thornberry Webster (FL) same back to the House forthwith, with the Young (IN) move the case to Federal court. Fed- Tiberi Wenstrup following amendments: Zeldin eral courts rejected that defendant’s Tipton Westerman Page 5, line 2, strike the close quotation Zinke Trott Westmoreland mark and the period which follows. arguments, and the case remained at Turner Whitfield Page 5, after line 2, insert the following: the State level. But if this bill is al- NOT VOTING—18 ‘‘(5) This section shall not apply to a case lowed to pass, that would no longer be Butterfield Hoyer Rush in which the plaintiff seeks relief in connec- the case. Cook Kelly (IL) Sanchez, Loretta tion with the sexual abuse and exploitation Mr. Speaker, this bill is reprehen- Cooper Lewis Simpson of a minor.’’. sible. Unfortunately, it is only the lat- Delaney Luja´ n, Ben Ray Smith (WA) The SPEAKER pro tempore. Pursu- est in a long line of efforts to put cor- Green, Gene (NM) Wilson (FL) Hastings Napolitano ant to the rule, the gentlewoman from porations beyond reproach and outside Herrera Beutler Roby New Jersey is recognized for 5 minutes of any accountability. Let’s at least in support of her motion. ensure that young people, who have al- b 1535 Mrs. WATSON COLEMAN. Mr. ready been victimized, don’t experience Mr. FLEISCHMANN and Mrs. WAG- Speaker, this is the final amendment any further mistreatment for the sake NER changed their vote from ‘‘aye’’ to to the bill, which will not kill the bill of shareholders’ profits. ‘‘no.’’ or send it back to committee. If adopt- Mr. Speaker, I yield back the balance Messrs. SWALWELL of California, ed, the bill will immediately proceed to of my time. POSEY, and DOGGETT changed their final passage, as amended. Mr. GOODLATTE. Mr. Speaker, I vote from ‘‘no’’ to ‘‘aye.’’ My amendment would simply ensure seek time in opposition to the motion So the amendment was rejected. that those who have filed a suit in con- to recommit. The result of the vote was announced nection with sexual abuse or exploi- The SPEAKER pro tempore. The gen- as above recorded. tation of a minor are exempt from the tleman from Virginia is recognized for Stated for: changes that this law makes. 5 minutes. Mrs. NAPOLITANO. Mr. Chair, on Thursday, Mr. Speaker, this bill is an assault on Mr. GOODLATTE. Mr. Speaker, I February 25, 2016, I was absent during rollcall the ability of everyday hardworking would like to thank the gentleman vote No. 87. Had I been present, I would have Americans to seek justice, and despite from Colorado (Mr. BUCK) for bringing voted ‘‘yes’’ on the Cartwright Amendment. its misleading title, this bill has abso- this outstanding legislation before the The Acting CHAIR. The question is House. This is very common sense. It on the committee amendment in the lutely nothing to do with fraud and will do nothing to prevent it. solves a very practical problem, and nature of a substitute, as amended. most importantly, it protects the inno- The amendment was agreed to. This is just one more step by my col- leagues on the other side of the aisle to cent. I want to quote him with regard The Acting CHAIR. Under the rule, to this motion to recommit. He says: the Committee rises. offer corporations every opportunity imaginable to take advantage of work- As a prosecutor, I deeply respected all the Accordingly, the Committee rose; rules we developed in this great country to and the Speaker pro tempore (Mr. ROD- ers, consumers, and patients. By making it easier to move cases to protect the innocent. These are rules of gen- NEY DAVIS of Illinois) having assumed eral application, such as rules protecting the chair, Mr. HULTGREN, Acting Chair Federal court, we make it easier for big people’s rights to have their side of the story of the Committee of the Whole House corporations to play the long game, told and rules protecting people from biased on the state of the Union, reported that waiting out plaintiffs with limited fi- or inaccurate testimony. that Committee, having had under con- nancial resources, with limited capac- I would have been appalled if anyone ever sideration the bill (H.R. 3624) to amend ity to travel far from home for hear- suggested that these general protections, de- signed to protect innocent people from title 28, United States Code, to prevent ings, and with limited ability to sit through the significantly longer Fed- criminal liability, should be suspended be- fraudulent joinder, and, pursuant to cause the case was one of assault or battery, House Resolution 618, he reported the eral process. murder, or somehow related to insurance. bill back to the House with an amend- The current law has been around for Our country is, rightfully, proud of its ment adopted in the Committee of the centuries, based on the obvious logic principles providing due process and equal Whole. that a State case belongs in a State protection, but those concepts are meaning- The SPEAKER pro tempore. Under court. less if they are only selectively applied to The new burden that this bill would some types of cases, but not others. For the the rule, the previous question is or- same reason, we should all be outraged at dered. place on the average American is sim- ply outrageous. The least that we can the suggestion that rules of fairness, de- Is a separate vote demanded on any signed to protect the innocent, should be amendment to the amendment re- do is protect children who have already suspended in the civil law because the case ported from the Committee of the been victimized by sexual assault. involves one particular subject or another. Whole? My amendment is simple. It would But that is exactly what this motion If not, the question is on the com- ensure that we allow those who have to recommit does. mittee amendment in the nature of a filed lawsuits in connection with the substitute, as amended. sexual abuse or exploitation of a minor b 1545 The amendment was agreed to. to continue to operate under the com- The problem with all of the argu- The SPEAKER pro tempore. The pletely operational and already effi- ments made by opponents of this bill is question is on the engrossment and cient system currently in place. that those arguments rely on trapping third reading of the bill. Most importantly, it will protect vic- completely innocent local people in The bill was ordered to be engrossed tims who have already experienced in- lawsuits they don’t deserve to be in. and read a third time, and was read the credible emotional and physical trau- That is wrong, and that is unfair. Inno- third time. ma from being dragged through a long cent local people and small businesses MOTION TO RECOMMIT and costly court process far from home deserve protections from being dragged Mrs. WATSON COLEMAN. Mr. just to benefit some multinational cor- into lawsuits that are really directed Speaker, I have a motion to recommit poration out to maximize its profits. against other larger parties, regardless at the desk. This isn’t a hypothetical situation. of the nature of those lawsuits against The SPEAKER pro tempore. Is the In one case heard in Washington State, other parties. gentlewoman opposed to the bill? plaintiffs were minors who were sexu- In the end, this bill doesn’t require Mrs. WATSON COLEMAN. I am op- ally exploited by instate defendants much of trial lawyers. It tells trial law- posed. and by an out-of-State defendant who yers not to sue local innocent people

VerDate Sep 11 2014 01:44 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.005 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H917 and businesses just so they can further Higgins Maloney, Sa´ nchez, Linda Rigell Shimkus Walker their own forum shopping strategies. It Himes Carolyn T. Roe (TN) Shuster Walorski Hinojosa Maloney, Sean Sarbanes Rogers (AL) Smith (MO) Walters, Mimi tells trial lawyers they need to have a Honda Matsui Schakowsky Rogers (KY) Smith (NE) Weber (TX) plausible case before they can wrap up Huffman McCollum Schiff Rohrabacher Smith (NJ) Webster (FL) innocent local people and businesses in Israel McDermott Schrader Rokita Smith (TX) Wenstrup Rooney (FL) Stefanik Westerman costly and time-consuming lawsuits. Jackson Lee McGovern Scott (VA) Jeffries McNerney Scott, David Ros-Lehtinen Stewart Westmoreland It tells trial lawyers their lawsuits Johnson (GA) Meeks Serrano Roskam Stivers Whitfield must be based on good faith. But, ap- Johnson, E. B. Meng Sewell (AL) Ross Stutzman Williams Jones Moore Sherman Rothfus Thompson (PA) Wilson (SC) parently, those very modest demands Moulton Rouzer Thornberry Wittman of civility and fairness are too much to Kaptur Sinema Keating Murphy (FL) Sires Royce Tiberi Womack Russell Tipton Woodall ask, according to opponents of this bill Kennedy Nadler Slaughter Salmon Trott Yoder who would prefer to dilute it with Kildee Neal Speier Nolan Sanford Turner Yoho Kilmer Swalwell (CA) irrelevancies and distractions. Norcross Scalise Upton Young (AK) Kind Takai It is not often that the House has the O’Rourke Schweikert Valadao Young (IA) Kirkpatrick Takano Pallone Scott, Austin Wagner Young (IN) opportunity to protect innocent local Kuster Thompson (CA) Pascrell Sensenbrenner Walberg Zeldin Langevin Thompson (MS) people and businesses from costly and Payne Sessions Walden Zinke meritless lawsuits, rein in forum shop- Larsen (WA) Pelosi Titus ping abuses by trial lawyers, and hold Larson (CT) Perlmutter Tonko NOT VOTING—14 Torres Lawrence Peters Butterfield Herrera Beutler Sanchez, Loretta them to a good faith standard in litiga- Lee Tsongas Peterson Cook Hoyer Simpson tion, all by passing a bill that is just a Levin Van Hollen Pingree Cooper Kelly (IL) Smith (WA) Lewis Vargas few pages long. But that is the oppor- Pocan Green, Gene Napolitano Visclosky tunity the House has today. Lieu, Ted Polis Veasey Hastings Roby Lipinski Price (NC) Vela I urge all of my colleagues to take Loebsack Quigley Vela´ zquez ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE that opportunity now. Reject this mo- Lofgren Rangel Walz The SPEAKER pro tempore (Mr. Lowenthal Rice (NY) Wasserman tion to recommit and, in so doing, ex- HULTGREN) (during the vote). There are pand the opportunities of all local citi- Lowey Richmond Schultz Lujan Grisham Roybal-Allard Waters, Maxine 2 minutes remaining. zens and small businesses that would (NM) Ruiz Watson Coleman ´ otherwise be smothered by costly and Lujan, Ben Ray Ruppersberger Welch b 1553 meritless lawsuits. Pass this legisla- (NM) Rush Wilson (FL) tion. Lynch Ryan (OH) Yarmuth So the motion to recommit was re- jected. I yield back the balance of my time. NOES—239 The SPEAKER pro tempore. Without The result of the vote was announced Abraham Fincher LaHood as above recorded. objection, the previous question is or- Aderholt Fitzpatrick LaMalfa dered on the motion to recommit. Allen Fleischmann Lamborn Stated for: There was no objection. Amash Fleming Lance Mrs. NAPOLITANO. Mr. Speaker, on Thurs- Amodei Flores Latta day, February 25, 2016, I was absent during The SPEAKER pro tempore. The Babin Forbes LoBiondo question is on the motion to recommit. Barletta Fortenberry Long rollcall vote No. 88. Had I been present, I The question was taken; and the Barr Foxx Loudermilk would have voted ‘‘yes’’ on the Motion to Re- Speaker pro tempore announced that Barton Franks (AZ) Love commit H.R. 3624—Fraudulent Joinder Pre- Benishek Frelinghuysen Lucas vention Act of 2015. the noes appeared to have it. Bilirakis Garrett Luetkemeyer The SPEAKER pro tempore. The RECORDED VOTE Bishop (MI) Gibbs Lummis Bishop (UT) Gibson MacArthur question is on the passage of the bill. Mrs. WATSON COLEMAN. Mr. Black Gohmert Marchant The question was taken; and the Speaker, I demand a recorded vote. Blackburn Goodlatte Marino Speaker pro tempore announced that A recorded vote was ordered. Bost Gosar Massie Boustany Gowdy McCarthy the ayes appeared to have it. The SPEAKER pro tempore. Pursu- Brady (TX) Granger McCaul RECORDED VOTE ant to clause 8 and clause 9 of rule XX, Brat Graves (GA) McClintock Mr. CONYERS. Mr. Speaker, I de- this 5-minute vote on the motion to re- Bridenstine Graves (LA) McHenry Brooks (AL) Graves (MO) McKinley mand a recorded vote. commit will be followed by 5-minute Brooks (IN) Griffith McMorris A recorded vote was ordered. votes on passage of the bill, if ordered; Buchanan Grothman Rodgers The SPEAKER pro tempore. This is a ordering the previous question on Buck Guinta McSally 5-minute vote. House Resolution 619; and adoption of Bucshon Guthrie Meadows Burgess Hanna Meehan The vote was taken by electronic de- House Resolution 619, if ordered. Byrne Hardy Messer vice, and there were—ayes 229, noes 189, The vote was taken by electronic de- Calvert Harper Mica not voting 15, as follows: vice, and there were—ayes 180, noes 239, Carter (GA) Harris Miller (FL) Carter (TX) Hartzler Miller (MI) [Roll No. 89] not voting 14, as follows: Chabot Heck (NV) Moolenaar AYES—229 [Roll No. 88] Chaffetz Hensarling Mooney (WV) Clawson (FL) Hice, Jody B. Mullin Abraham Calvert Fincher AYES—180 Coffman Hill Mulvaney Aderholt Carter (TX) Fitzpatrick Adams Castro (TX) Dingell Cole Holding Murphy (PA) Allen Chabot Fleischmann Aguilar Chu, Judy Doggett Collins (GA) Hudson Neugebauer Amodei Chaffetz Fleming Ashford Cicilline Doyle, Michael Collins (NY) Huelskamp Newhouse Babin Clawson (FL) Flores Bass Clark (MA) F. Comstock Huizenga (MI) Noem Barletta Coffman Forbes Beatty Clarke (NY) Duckworth Conaway Hultgren Nugent Barr Cole Fortenberry Becerra Clay Edwards Costello (PA) Hunter Nunes Barton Collins (GA) Foxx Bera Cleaver Ellison Cramer Hurd (TX) Olson Benishek Collins (NY) Franks (AZ) Beyer Clyburn Engel Crawford Hurt (VA) Palazzo Bilirakis Comstock Frelinghuysen Bishop (GA) Cohen Eshoo Crenshaw Issa Palmer Bishop (MI) Conaway Garrett Blum Connolly Esty Culberson Jenkins (KS) Paulsen Bishop (UT) Cramer Gibbs Blumenauer Conyers Farr Curbelo (FL) Jenkins (WV) Pearce Black Crawford Gibson Bonamici Costa Fattah Davis, Rodney Johnson (OH) Perry Blackburn Crenshaw Gohmert Boyle, Brendan Courtney Foster Denham Johnson, Sam Pittenger Blum Culberson Goodlatte F. Crowley Frankel (FL) Dent Jolly Pitts Bost Davis, Rodney Gosar Brady (PA) Cuellar Fudge DeSantis Jordan Poe (TX) Boustany Denham Gowdy Brown (FL) Cummings Gabbard DesJarlais Joyce Poliquin Brady (TX) Dent Granger Brownley (CA) Davis (CA) Gallego Diaz-Balart Katko Pompeo Brat DeSantis Graves (GA) Bustos Davis, Danny Garamendi Dold Kelly (MS) Posey Bridenstine DesJarlais Graves (LA) Capps DeFazio Graham Donovan Kelly (PA) Price, Tom Brooks (AL) Dold Graves (MO) Capuano DeGette Grayson Duffy King (IA) Ratcliffe Brooks (IN) Donovan Grothman Ca´ rdenas Delaney Green, Al Duncan (SC) King (NY) Reed Buchanan Duffy Guinta Carney DeLauro Grijalva Duncan (TN) Kinzinger (IL) Reichert Buck Duncan (SC) Guthrie Carson (IN) DelBene Gutie´rrez Ellmers (NC) Kline Renacci Bucshon Ellmers (NC) Hanna Cartwright DeSaulnier Hahn Emmer (MN) Knight Ribble Burgess Emmer (MN) Hardy Castor (FL) Deutch Heck (WA) Farenthold Labrador Rice (SC) Byrne Farenthold Harper

VerDate Sep 11 2014 02:38 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.043 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H918 CONGRESSIONAL RECORD — HOUSE February 25, 2016 Harris McKinley Royce Peterson Sarbanes Tonko Byrne Hunter Posey Hartzler McMorris Salmon Pingree Schakowsky Torres Calvert Hurd (TX) Price, Tom Heck (NV) Rodgers Scalise Pocan Schiff Tsongas Carter (GA) Hurt (VA) Ratcliffe Hensarling McSally Schweikert Polis Schrader Van Hollen Carter (TX) Issa Reed Hice, Jody B. Meadows Scott, Austin Price (NC) Scott (VA) Vargas Chabot Jenkins (KS) Reichert Hill Meehan Sensenbrenner Quigley Scott, David Veasey Chaffetz Jenkins (WV) Renacci Holding Messer Sessions Rangel Serrano Vela Clawson (FL) Johnson (OH) Ribble Hudson Mica Shimkus Rice (NY) Sewell (AL) Vela´ zquez Coffman Johnson, Sam Rice (SC) Richmond Sherman Huelskamp Miller (FL) Shuster Visclosky Collins (GA) Jolly Rigell Huizenga (MI) Miller (MI) Ros-Lehtinen Sinema Collins (NY) Jones Smith (MO) Walz Roe (TN) Hultgren Moolenaar Roybal-Allard Sires Comstock Jordan Smith (NE) Wasserman Rogers (AL) Hunter Mooney (WV) Smith (NJ) Ruiz Slaughter Conaway Joyce Rohrabacher Ruppersberger Schultz Hurd (TX) Mullin Smith (TX) Speier Costa Katko Rokita Rush Swalwell (CA) Waters, Maxine Hurt (VA) Mulvaney Stefanik Costello (PA) Kelly (MS) Rooney (FL) Issa Murphy (PA) Russell Takai Watson Coleman Cramer Kelly (PA) Stewart Ros-Lehtinen Jenkins (KS) Neugebauer Ryan (OH) Takano Welch Crawford King (IA) Stivers Roskam Jenkins (WV) Newhouse Sa´ nchez, Linda Thompson (CA) Wilson (FL) Crenshaw King (NY) Stutzman Ross Johnson (OH) Noem T. Thompson (MS) Yarmuth Culberson Kinzinger (IL) Thompson (PA) Rothfus Johnson, Sam Nugent Sanford Titus Curbelo (FL) Kline Thornberry Rouzer Jolly Nunes Davis, Rodney Knight Tiberi Jordan Olson NOT VOTING—15 Denham Labrador Royce Tipton Russell Joyce Palazzo Butterfield Green, Gene Napolitano Dent LaHood Trott Salmon Katko Palmer Carter (GA) Hastings Roby DeSantis LaMalfa Turner Kelly (MS) Paulsen Cook Herrera Beutler Sanchez, Loretta DesJarlais Lamborn Sanford Upton Kelly (PA) Pearce Cooper Hoyer Simpson Diaz-Balart Lance Scalise Valadao King (IA) Perry Costello (PA) Kelly (IL) Smith (WA) Dold Latta Schweikert King (NY) Pittenger Wagner Donovan LoBiondo Scott, Austin Kinzinger (IL) Pitts Walberg ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Duffy Long Sensenbrenner Kline Poe (TX) Walden The SPEAKER pro tempore (during Duncan (SC) Loudermilk Sessions Walker Shimkus Knight Poliquin the vote). There are 2 minutes remain- Duncan (TN) Love Labrador Pompeo Walorski Ellmers (NC) Lucas Shuster LaHood Posey Walters, Mimi ing. Emmer (MN) Luetkemeyer Smith (MO) LaMalfa Price, Tom Weber (TX) Farenthold Lummis Smith (NE) Lamborn Ratcliffe Webster (FL) b 1559 Fincher MacArthur Smith (NJ) Lance Reed Wenstrup Fitzpatrick Marchant Smith (TX) Latta Reichert Westerman So the bill was passed. Fleischmann Marino Stefanik LoBiondo Renacci Westmoreland The result of the vote was announced Fleming Massie Stewart Long Ribble Whitfield as above recorded. Flores McCarthy Stivers Loudermilk Rice (SC) Williams A motion to reconsider was laid on Forbes McCaul Stutzman Love Rigell Wilson (SC) Fortenberry McClintock Thompson (PA) Lucas Roe (TN) Wittman the table. Foxx McHenry Thornberry Luetkemeyer Rogers (AL) Womack Stated for: Franks (AZ) McKinley Tiberi Lummis Rogers (KY) Woodall Mr. COSTELLO of Pennsylvania. Mr. Frelinghuysen McMorris Tipton Yoder MacArthur Rohrabacher Speaker, on rollcall No. 89, I was unavoidably Garrett Rodgers Trott Marchant Rokita Yoho Gibbs McSally Turner Marino Rooney (FL) Young (AK) detained. Had I been present, I would have Gibson Meadows Upton McCarthy Roskam Young (IA) voted ‘‘yes.’’ Gohmert Meehan Valadao McCaul Ross Young (IN) Stated against: Goodlatte Messer Wagner McClintock Rothfus Zeldin Gosar Mica Mrs. NAPOLITANO. Mr. Speaker, on Thurs- Walberg McHenry Rouzer Zinke Gowdy Miller (FL) Walden Granger Miller (MI) day, February 25, 2016, I was absent during Walker Graves (GA) Moolenaar NOES—189 rollcall vote No. 89. Had I been present, I Walorski Graves (LA) Mooney (WV) Walters, Mimi Adams DeLauro Kilmer would have voted ‘‘no’’ on Final Passage of Graves (MO) Mullin Weber (TX) Aguilar DelBene Kind H.R. 3624—Fraudulent Joinder Prevention Act Griffith Mulvaney Webster (FL) Amash DeSaulnier Kirkpatrick of 2015. Grothman Murphy (PA) Ashford Deutch Kuster Guinta Neugebauer Wenstrup Bass Diaz-Balart Langevin f Guthrie Newhouse Westerman Beatty Dingell Larsen (WA) Hanna Noem Westmoreland Becerra Doggett Larson (CT) PROVIDING FOR CONSIDERATION Hardy Nugent Whitfield Bera Doyle, Michael Lawrence OF H.R. 2406, SPORTSMEN’S HER- Harper Nunes Williams Beyer F. Lee Wilson (SC) ITAGE AND RECREATIONAL EN- Harris Olson Bishop (GA) Duckworth Levin Hartzler Palazzo Wittman Blumenauer Duncan (TN) Lewis HANCEMENT ACT OF 2015 Heck (NV) Palmer Womack Bonamici Edwards Lieu, Ted Woodall The SPEAKER pro tempore. The un- Hensarling Paulsen Boyle, Brendan Ellison Lipinski Hice, Jody B. Pearce Yoder F. Engel Loebsack finished business is the vote on order- Hill Perry Yoho Brady (PA) Eshoo Lofgren ing the previous question on the reso- Holding Pittenger Young (AK) Brown (FL) Esty Lowenthal lution (H. Res. 619) providing for con- Hudson Pitts Young (IA) Brownley (CA) Farr Lowey Huelskamp Poe (TX) Young (IN) Bustos Fattah Lujan Grisham sideration of the bill (H.R. 2406) to pro- Huizenga (MI) Poliquin Zeldin Capps Foster (NM) tect and enhance opportunities for rec- Hultgren Pompeo Zinke Capuano Frankel (FL) Luja´ n, Ben Ray ´ reational hunting, fishing, and shoot- Cardenas Fudge (NM) NAYS—178 Carney Gabbard Lynch ing, and for other purposes, on which Carson (IN) Gallego Maloney, the yeas and nays were ordered. Adams Chu, Judy Doyle, Michael Cartwright Garamendi Carolyn The Clerk read the title of the resolu- Aguilar Cicilline F. Castor (FL) Graham Maloney, Sean Ashford Clark (MA) Duckworth Castro (TX) Grayson Massie tion. Bass Clarke (NY) Edwards Chu, Judy Green, Al Matsui The SPEAKER pro tempore. The Beatty Clay Ellison Cicilline Griffith McCollum question is on ordering the previous Becerra Cleaver Engel Clark (MA) Grijalva McDermott Bera Clyburn Eshoo Clarke (NY) Gutie´rrez McGovern question. Beyer Cohen Esty Clay Hahn McNerney This is a 5-minute vote. Bishop (GA) Connolly Farr Cleaver Heck (WA) Meeks The vote was taken by electronic de- Blumenauer Conyers Fattah Clyburn Higgins Meng vice, and there were—yeas 240, nays Bonamici Courtney Foster Cohen Himes Moore Boyle, Brendan Crowley Frankel (FL) Connolly Hinojosa Moulton 178, not voting 15, as follows: F. Cuellar Fudge Conyers Honda Murphy (FL) [Roll No. 90] Brady (PA) Cummings Gabbard Costa Huffman Nadler Brown (FL) Davis (CA) Gallego Courtney Israel Neal YEAS—240 Brownley (CA) Davis, Danny Garamendi Crowley Jackson Lee Nolan Abraham Benishek Brady (TX) Bustos DeFazio Graham Cuellar Jeffries Norcross Aderholt Bilirakis Brat Capps DeGette Grayson Cummings Johnson (GA) O’Rourke Allen Bishop (MI) Bridenstine Capuano Delaney Green, Al Curbelo (FL) Johnson, E. B. Pallone Amash Bishop (UT) Brooks (AL) Ca´ rdenas DeLauro Grijalva Davis (CA) Jones Pascrell Amodei Black Brooks (IN) Carney DelBene Gutie´rrez Davis, Danny Kaptur Payne Babin Blackburn Buchanan Carson (IN) DeSaulnier Hahn DeFazio Keating Pelosi Barletta Blum Buck Cartwright Deutch Heck (WA) DeGette Kennedy Perlmutter Barr Bost Bucshon Castor (FL) Dingell Higgins Delaney Kildee Peters Barton Boustany Burgess Castro (TX) Doggett Himes

VerDate Sep 11 2014 02:38 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.012 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H919 Hinojosa Matsui Sarbanes Cramer Jones Ribble Langevin Nadler Scott (VA) Honda McCollum Schakowsky Crawford Jordan Rice (SC) Larsen (WA) Neal Scott, David Huffman McDermott Schiff Crenshaw Joyce Rigell Larson (CT) Nolan Serrano Israel McGovern Schrader Culberson Katko Roe (TN) Lawrence Norcross Sewell (AL) Jackson Lee McNerney Scott (VA) Curbelo (FL) Kelly (MS) Rogers (AL) Lee O’Rourke Sherman Jeffries Meeks Scott, David Davis, Rodney Kelly (PA) Rohrabacher Levin Pallone Sires Johnson (GA) Meng Serrano Denham King (IA) Rokita Lewis Pascrell Slaughter Johnson, E. B. Moore Sewell (AL) Dent King (NY) Rooney (FL) Lieu, Ted Payne Speier Kaptur Moulton Sherman DeSantis Kinzinger (IL) Ros-Lehtinen Lipinski Pelosi Swalwell (CA) Keating Murphy (FL) Sinema DesJarlais Kline Roskam Loebsack Perlmutter Takai Kennedy Nadler Lofgren Peters Sires Diaz-Balart Knight Ross Takano Kildee Neal Lowenthal Peterson Slaughter Dold Labrador Rothfus Thompson (CA) Kilmer Nolan Donovan LaHood Lowey Pingree Speier Rouzer Thompson (MS) Kind Norcross Duffy LaMalfa Lujan Grisham Pocan Swalwell (CA) Royce Titus Kirkpatrick O’Rourke Takai Duncan (SC) Lamborn Russell (NM) Polis Kuster Pallone Luja´ n, Ben Ray Price (NC) Tonko Takano Duncan (TN) Lance Salmon Langevin Pascrell Ellmers (NC) (NM) Quigley Torres Thompson (CA) Latta Sanford Larsen (WA) Payne Emmer (MN) LoBiondo Lynch Rangel Tsongas Thompson (MS) Scalise Larson (CT) Pelosi Farenthold Long Maloney, Rice (NY) Van Hollen Titus Schweikert Lawrence Perlmutter Fincher Loudermilk Carolyn Richmond Vargas Tonko Scott, Austin Veasey Lee Peters Fitzpatrick Love Sensenbrenner Maloney, Sean Roybal-Allard Levin Peterson Torres Matsui Ruiz Vela Fleischmann Lucas Sessions Lewis Pingree Tsongas McCollum Ruppersberger Vela´ zquez Fleming Luetkemeyer Shimkus Lieu, Ted Pocan Van Hollen McDermott Rush Visclosky Flores Lummis Shuster Lipinski Polis Vargas McGovern Ryan (OH) Wasserman Forbes MacArthur Sinema Loebsack Price (NC) Veasey Fortenberry Marchant McNerney Sa´ nchez, Linda Schultz Smith (MO) Lofgren Quigley Vela Foxx Marino Meeks T. Waters, Maxine Smith (NE) Lowenthal Rangel Vela´ zquez Franks (AZ) Massie Meng Sarbanes Watson Coleman Smith (NJ) Lowey Rice (NY) Visclosky Frelinghuysen McCarthy Moore Schakowsky Welch Smith (TX) Lujan Grisham Richmond Walz Garrett McCaul Moulton Schiff Wilson (FL) Stefanik (NM) Roybal-Allard Wasserman Gibbs McClintock Murphy (FL) Schrader Yarmuth Stewart Luja´ n, Ben Ray Ruiz Schultz Gibson McHenry Stivers (NM) Ruppersberger Waters, Maxine Gohmert McKinley NOT VOTING—17 Stutzman Lynch Rush Watson Coleman Goodlatte McMorris Butterfield Hoyer Roby Thompson (PA) Maloney, Ryan (OH) Welch Gosar Rodgers Cook Jeffries Thornberry Rogers (KY) Carolyn Sa´ nchez, Linda Wilson (FL) Gowdy McSally Cooper Kelly (IL) Tiberi Sanchez, Loretta Maloney, Sean T. Yarmuth Granger Meadows Green, Gene Napolitano Tipton Simpson Graves (GA) Meehan Hastings Palazzo Trott Smith (WA) NOT VOTING—15 Graves (LA) Messer Herrera Beutler Palmer Turner Butterfield Hastings Roby Graves (MO) Mica Upton Cole Herrera Beutler Rogers (KY) Griffith Miller (FL) Valadao b 1614 Cook Hoyer Sanchez, Loretta Grothman Miller (MI) Cooper Kelly (IL) Simpson Guinta Moolenaar Wagner So the resolution was agreed to. Walberg Green, Gene Napolitano Smith (WA) Guthrie Mooney (WV) The result of the vote was announced Hanna Mullin Walden ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Hardy Mulvaney Walker as above recorded. The SPEAKER pro tempore (during Harper Murphy (PA) Walorski A motion to reconsider was laid on Harris Neugebauer Walters, Mimi the table. the vote). There are 2 minutes remain- Walz Hartzler Newhouse Stated against: ing. Heck (NV) Noem Weber (TX) Hensarling Nugent Webster (FL) Mrs. NAPOLITANO. Madam Speaker, on b 1607 Hice, Jody B. Nunes Wenstrup Thursday, February 25, 2016, I was absent Hill Olson Westerman during rollcall vote No. 91. Had I been So the previous question was ordered. Holding Paulsen Westmoreland present, I would have voted ‘‘no’’ on H. Res. The result of the vote was announced Hudson Pearce Whitfield Huelskamp Perry Williams 619—Rule providing for consideration of H.R. as above recorded. Huizenga (MI) Pittenger Wilson (SC) 2406—Sportsmen’s Heritage and Recreational Stated against: Wittman Hultgren Pitts Enhancement (SHARE) Act. Mrs. NAPOLITANO. Mr. Speaker, on Thurs- Hunter Poe (TX) Womack Woodall PERSONAL EXPLANATION day, February 25, 2016, I was absent during Hurd (TX) Poliquin Hurt (VA) Pompeo Yoder Mr. GENE GREEN of Texas. Madam rollcall No. 90. Had I been present, I would Issa Posey Yoho have voted ‘‘no’’ on the Motion on Ordering Jenkins (KS) Price, Tom Young (AK) Speaker, I was unable to vote on Thursday, the Previous Question on the Rule providing Jenkins (WV) Ratcliffe Young (IA) February 25, 2016, due to important events Johnson (OH) Reed Young (IN) being held today in our district in Houston and for consideration of H.R. 2406. Johnson, Sam Reichert Zeldin The SPEAKER pro tempore. The Jolly Renacci Zinke Harris County, Texas. If I had been able to question is on the resolution. vote, I would have voted as follows: On the The question was taken; and the NAYS—175 Cartwright Amendment to H.R. 3624, the Speaker pro tempore announced that Adams Cleaver Foster Fraudulent Joinder Prevention Act, I would the ayes appeared to have it. Aguilar Clyburn Frankel (FL) have voted ‘‘yea.’’ On the Democratic Motion Ashford Cohen Fudge to Recommit H.R. 3624, I would have voted Ms. SLAUGHTER. Mr. Speaker, on Bass Connolly Gabbard that I demand the yeas and nays. Beatty Conyers Gallego ‘‘yea.’’ On Final Passage of H.R. 3624, I The yeas and nays were ordered. Becerra Courtney Garamendi would have voted ‘‘no.’’ On the Motion on Or- The SPEAKER pro tempore. This is a Bera Crowley Graham dering the Previous Question on the Rule for Beyer Cuellar Grayson H.R. 2406, Sportsmen’s Heritage and Rec- 5-minute vote. Bishop (GA) Cummings Green, Al The vote was taken by electronic de- Blumenauer Davis (CA) Grijalva reational Enhancement Act, I would have vice, and there were—yeas 241, nays Bonamici Davis, Danny Gutie´rrez voted ‘‘no.’’ On H. Res. 619, the resolution Boyle, Brendan DeFazio Hahn providing for consideration of H.R. 2406, I 175, not voting 17, as follows: F. DeGette Heck (WA) [Roll No. 91] Brady (PA) Delaney Higgins would have voted ‘‘no.’’ Brown (FL) DeLauro Himes YEAS—241 Brownley (CA) DelBene Hinojosa f Abraham Blackburn Calvert Bustos DeSaulnier Honda Aderholt Blum Carter (GA) Capps Deutch Huffman SPORTSMEN’S HERITAGE AND Allen Bost Carter (TX) Capuano Dingell Israel RECREATIONAL ENHANCEMENT Amash Boustany Chabot Ca´ rdenas Doggett Jackson Lee ACT OF 2015 Amodei Brady (TX) Chaffetz Carney Doyle, Michael Johnson (GA) Babin Brat Clawson (FL) Carson (IN) F. Johnson, E. B. GENERAL LEAVE Barletta Bridenstine Coffman Cartwright Duckworth Kaptur Barr Brooks (AL) Cole Castor (FL) Edwards Keating Mr. WITTMAN. Mr. Speaker, I ask Barton Brooks (IN) Collins (GA) Castro (TX) Ellison Kennedy unanimous consent that all Members Benishek Buchanan Collins (NY) Chu, Judy Engel Kildee may have 5 legislative days in which to Bilirakis Buck Comstock Cicilline Eshoo Kilmer revise and extend their remarks and to Bishop (MI) Bucshon Conaway Clark (MA) Esty Kind Bishop (UT) Burgess Costa Clarke (NY) Farr Kirkpatrick include extraneous material on H.R. Black Byrne Costello (PA) Clay Fattah Kuster 2406, the SHARE Act.

VerDate Sep 11 2014 02:38 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.014 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H920 CONGRESSIONAL RECORD — HOUSE February 25, 2016 The SPEAKER pro tempore (Mr. cally, it protects sportsmen and Finally, I would be pleased to include this DENHAM). Is there objection to the re- -women from arbitrary efforts by the letter and any response in the Congressional quest of the gentleman from Virginia? Federal Government to block Federal Record to document our agreement. There was no objection. lands from hunting and fishing activi- Thank you for your consideration of my The SPEAKER pro tempore. Pursu- ties by implementing an ‘‘open until request, and I look forward to further oppor- ant to House Resolution 619 and rule closed’’ management policy. tunities to work with you this Congress. Sincerely, XVIII, the Chair declares the House in Another provision in the package ROB BISHOP, the Committee of the Whole House on will give State and Federal agencies Chairman, the state of the Union for the consider- the tools to jointly create and main- Committee on Natural Resources. ation of the bill, H.R. 2406. tain recreational shooting ranges on The Chair appoints the gentlewoman Federal lands. In addition, the bill al- HOUSE OF REPRESENTATIVES, from Tennessee (Mrs. BLACK) to preside lows the Department of the Interior to COMMITTEE ON THE JUDICIARY, over the Committee of the Whole. designate hunting access corridors Washington, DC, February 23, 2016. throughout our national parks so that Hon. ROB BISHOP, b 1616 sportsmen and -women can access adja- Chairman, Committee on Natural Resources, IN THE COMMITTEE OF THE WHOLE cent Federal lands to hunt and fish. Washington, DC. Accordingly, the House resolved The package also protects Second DEAR CHAIRMAN BISHOP: I am writing with itself into the Committee of the Whole Amendment rights and the use of tradi- respect to H.R. 2406, the ‘‘Sportsmen’s Herit- House on the state of the Union for the tional ammunition and fishing tackle. age and Recreational Enhancement Act of consideration of the bill (H.R. 2406) to It defends law-abiding individuals’ con- 2015,’’ which the House is scheduled to debate protect and enhance opportunities for this week. As a result of your having con- stitutional right to keep and bear arms sulted with us on the inclusion of the text of recreational hunting, fishing, and on lands managed by the Army Corps H.R. 3279, the ‘‘Open Book on Equal Access shooting, and for other purposes, with of Engineers and ensures that hunters to Justice Act,’’ as part of your Committee’s Mrs. BLACK in the chair. are not burdened by outdated laws pre- manager’s amendment to H.R. 2406, I agree The Clerk read the title of the bill. venting bows and crossbows from being to allow the text of H.R. 3279 to be included The CHAIR. Pursuant to the rule, the transported across national parks. in the amendment. bill is considered read the first time. Finally, the package prevents the im- The Judiciary Committee takes this action The gentleman from Virginia (Mr. plementation of onerous constraints by with our mutual understanding that by al- WITTMAN) and the gentleman from Vir- the U.S. Fish and Wildlife Service on lowing the inclusion of the text of H.R. 3279 ginia (Mr. BEYER) each will control 30 lawfully possessed domestic ivory prod- in the manager’s amendment, we do not minutes. ucts and eliminates red tape associated waive any jurisdiction over subject matter contained in H.R. 3279 or similar legislation, The Chair recognizes the gentleman with the importation of 41 lawfully and that our Committee will be appro- from Virginia (Mr. WITTMAN). harvested polar bear hunting trophies. priately consulted and involved as H.R. 2406 Mr. WITTMAN. Madam Chair, I yield This important legislation will sus- moves forward so that we may address any myself such time as I may consume. tain America’s rich hunting and fishing remaining issues in our jurisdiction. Our Madam Chair, before the House today traditions, improve access to our Fed- Committee also reserves the right to seek is the Sportsmen’s Heritage and Rec- eral lands for responsible outdoor appointment of an appropriate number of reational Enhancement Act of 2016, sporting activities, and help ensure conferees to any House-Senate conference in- better known as the SHARE Act. It is that the current and future genera- volving H.R. 2406, and asks that you support a package of commonsense bills that tions of sportsmen and -women are able any such request. will increase opportunities for hunters, to enjoy the sporting activities our I would ask that a copy of our exchange of recreational shooters, and anglers; letters on this matter be included in the country has to offer and what we hold Congressional Record during Floor consider- eliminate unneeded regulatory impedi- dear. ation of H.R. 2406. ments; safeguard against new regula- I strongly encourage my colleagues Sincerely, tions that impede outdoor sporting ac- to vote ‘‘yes’’ on this important elec- BOB GOODLATTE, tivities; and protect Second Amend- tion. Chairman. ment rights. Similar packages were HOUSE OF REPRESENTATIVES, passed with strong bipartisan support COMMITTEE ON NATURAL RESOURCES, HOUSE OF REPRESENTATIVES, in both the 112th and 113th Congresses. Washington, DC, 22 February 2016. COMMITTEE ON NATURAL RESOURCES, Outdoor sporting activities, includ- Hon. BOB GOODLATTE, Washington, DC, February 23, 2016. ing hunting, fishing, and recreational Chairman, Committee on the Judiciary, Hon. KEVIN BRADY, Washington, DC. shooting, are deeply engrained in the Chairman, Committee on Ways and Means, DEAR MR. CHAIRMAN: During the week of Washington, DC. fabric of America’s culture and herit- February 22, 2016, the House will be debating age. Values instilled by partaking in DEAR MR. CHAIRMAN: On December 10, 2015, H.R. 2406, the Sportsmen’s Heritage and Rec- the Committee on Natural Resources favor- these activities are passed down from reational Enhancement Act of 2015. The bill ably reported as amended H.R. 2406, the generation to generation and play a was referred primarily to the Committee on Sportsmen’s Heritage and Recreational En- significant part in the lives of millions Natural Resources, with an additional refer- hancement Act of 2015. of Americans. ral to the Committee on the Judiciary, among other committees. The reported bill contains provisions af- Much of America’s outdoor sporting At the request of Vice Chairman Cynthia fecting import bans, a matter within the ju- activity occurs on our Nation’s Federal Lummis, I ask that you allow the inclusion risdiction of the Ways and Means Com- lands. Unfortunately, Federal agencies of the text of H.R. 3279, the Open Book on mittee. I ask that you not seek a sequential like the U.S. Forest Service and Bu- Equal Access to Justice Act, as passed by the referral of the bill so that it may be sched- reau of Land Management often pre- House of Representatives, as part of a man- uled by the Majority Leader this week. This vent or impede access to Federal lands ager’s amendment to the bill. Mrs. Lummis concession in no way affects your jurisdic- is a cosponsor of the measure and has dis- tion over the subject matter of the bill, and for outdoor sporting activities. Because it will not serve as precedent for future re- lack of access is one of the key reasons cussed this course of action with the bill’s author. The Senate counterpart to H.R. 2406 ferrals. In addition, should a conference on sportsmen and -women stop partici- already includes such a provision, and I be- the bill be necessary, I would support your pating in outdoor sporting activities, lieve it would be a substantial improvement request to have the Committee on Ways and ensuring the public has reliable access to the bill and bolster its purpose of in- Means represented on the conference com- to our Nation’s Federal lands must re- creased sportsmen’s opportunities to hunt, mittee. Finally, I would be pleased to in- main a top priority. fish and recreationally shoot. If the amend- clude this letter and any response in the The SHARE Act does just that. One ment is adopted, this action would in no way Congressional Record to document this agreement. of the key provisions in the bill, the affect your jurisdiction over the subject mat- Recreational Fishing and Hunting Her- ter of the amendment, and it will not serve Thank you for your consideration of my as precedent for future amendments. In addi- request, and I look forward to further oppor- itage Opportunities Act, will increase tion, should a conference on the bill be nec- tunities to work with you this Congress. and sustain access for hunting, fishing, essary, I would support your request to have Sincerely, and recreational shooting on Federal the Committee on the Judiciary represented ROB BISHOP, lands for generations to come. Specifi- on the conference committee on this matter. Chairman, Committee on Natural Resources.

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HOUSE OF REPRESENTATIVES, HOUSE OF REPRESENTATIVES, Act). This legislation includes matters that COMMITTEE ON WAYS AND MEANS, COMMITTEE ON AGRICULTURE, fall within the Rule X jurisdiction of the Washington, DC, February 23, 2016. Washington, DC, December 8, 2015. Committee on Transportation and Infra- Hon. ROB BISHOP, Hon. ROB BISHOP, structure. Chairman, Committee on Natural Resources, Chairman, Committee on Natural Resources, In order to expedite Floor consideration of Washington, DC. Washington, DC. H.R. 2406, the Committee on Transportation DEAR MR. CHAIRMAN: Thank you for the op- and Infrastructure will forgo action on this DEAR CHAIRMAN BISHOP: I am writing with portunity to review H.R. 2406, the Sports- bill. However, this is conditional on our mu- respect to H.R. 2406, the ‘‘Sportsmen’s Herit- man’s Heritage and Recreational Enhance- tual understanding that forgoing consider- age and Recreational Enhancement Act of ment Act of 2015. As you are aware, the bill ation of the bill does not prejudice the Com- 2015,’’ which the Committee on Natural Re- was primarily referred to the Committee on mittee with respect to the appointment of sources ordered reported favorably. As you Natural Resources, while the Agriculture conferees or to any future jurisdictional note, several provisions of the bill affect the Committee received an additional referral. claim over the subject matters contained in establishment and operation of import bans, I recognize and appreciate your desire to the bill or similar legislation that fall within a matter that is within the jurisdiction of bring this legislation before the House in an the Committee’s Rule X jurisdiction. Should the Committee on Ways and Means. I agree expeditious manner and, accordingly, I agree a conference on the bill be necessary, I fully to forego action on this bill so that it may to discharge H.R. 2406 from further consider- expect the Committee on Transportation and proceed expeditiously to the House floor for ation by the Committee on Agriculture. I do Infrastructure to be represented on the con- consideration. so with the understanding that by dis- ference committee. charging the bill, the Committee on Agri- Thank you for your assistance in this mat- The Committee takes this action with our culture does not waive any future jurisdic- ter and for agreeing to include a copy of this mutual understanding that by foregoing con- tional claim on this or similar matters. Fur- letter in the bill report filed by the Com- sideration of H.R. 2406 at this time, we do ther, the Committee on Agriculture reserves mittee on Natural Resources, as well as in not waive any jurisdiction over subject mat- the right to seek the appointment of con- the Congressional Record during Floor con- ter contained in this or similar legislation, ferees, if it should become necessary. sideration. and that our Committee will be appro- I ask that you insert a copy of our ex- Sincerely, priately consulted and involved as the bill or change of letters into the Congressional BILL SHUSTER, similar legislation moves forward so that we Record during consideration of this measure Chairman. may address any remaining issues in our ju- on the House floor. risdiction. Our Committee also reserves the Thank you for your courtesy in this mat- HOUSE OF REPRESENTATIVES, right to seek appointment of an appropriate ter and I look forward to continued coopera- COMMITTEE ON NATURAL RESOURCES, number of conferees to any House-Senate tion between our respective committees. Washington, DC, December 9, 2015. conference involving this or similar legisla- Sincerely, Hon. FRED UPTON, tion, and asks that you support any such re- K. MICHAEL CONAWAY, Chairman, Committee on Energy and Commerce, quest. Chairman. Washington, DC. DEAR MR. CHAIRMAN: On October 8, 2015, I would ask that a copy of our exchange of HOUSE OF REPRESENTATIVES, the Committee on Natural Resources ordered letters on this matter be included in the COMMITTEE ON NATURAL RESOURCES, favorably reported as amended H.R. 2406, the Congressional Record during Floor consider- Washington, DC, December 7, 2015. Sportsman’s Heritage and Recreational En- ation of H.R. 2406. Hon. BILL SHUSTER, hancement Act of 2015. The bill was referred Sincerely, Chairman, Committee on Transportation and primarily to the Committee on Natural Re- KEVIN BRADY, Infrastructure, Washington, DC. sources, with an additional referral to the Chairman. DEAR MR. CHAIRMAN: On October 8, 2015, Committee on Energy and Commerce, among the Committee on Natural Resources ordered other committees. favorably reported as amended H.R. 2406, the I ask that you allow the Committee on En- HOUSE OF REPRESENTATIVES, Sportsman’s Heritage and Recreational En- ergy and Commerce to be discharged from COMMITTEE ON NATURAL RESOURCES, hancement Act of 2015. The bill was referred Washington, DC, December 2, 2015. further consideration of the bill so that it primarily to the Committee on Natural Re- may be scheduled by the Majority Leader. Hon. K. MICHAEL CONAWAY, sources, with an additional referral to the Chairman, Committee on Agriculture, This discharge in no way affects your juris- Committee on Transportation and Infra- Washington, DC. diction over the subject matter of the bill, structure, among other committees. and it will not serve as precedent for future DEAR MR. CHAIRMAN: On October 8, 2015, I ask that you allow the Committee on referrals. In addition, should a conference on the Committee on Natural Resources ordered Transportation and Infrastructure to be dis- the bill be necessary, I would support your favorably reported as amended H.R. 2406, the charged from further consideration of the request to have the Committee on Energy Sportsman’s Heritage and Recreational En- bill so that it may be scheduled by the Ma- and Commerce represented on the conference hancement Act of 2015. The bill was referred jority Leader. This discharge in no way af- committee. Finally, I would be pleased to in- primarily to the Committee on Natural Re- fects your jurisdiction over the subject mat- clude this letter and any response in the bill sources, with an additional referral to the ter of the bill, and it will not serve as prece- report filed by the Committee on Natural Committee on Agriculture, among other dent for future referrals. In addition, should Resources to memorialize our understanding, committees. My staff has shared a copy of a conference on the bill be necessary, I would as well as in the Congressional Record. the reported text with your staff. support your request to have the Committee Thank you for your consideration of my on Transportation and Infrastructure rep- request and for the extraordinary coopera- I ask that you allow the Committee on Ag- resented on the conference committee. Fi- tion shown by you and your staff over mat- riculture to be discharged from further con- nally, I would be pleased to include this let- ters of shared jurisdiction. I look forward to sideration of the bill so that it may be sched- ter and any response in the bill report filed further opportunities to work with you this uled by the Majority Leader. This discharge by the Committee on Natural Resources to Congress. in no way affects your jurisdiction over the memorialize our understanding, as well as in Sincerely, subject matter of the bill, and it will not the Congressional Record. ROB BISHOP, serve as precedent for future referrals. In ad- Thank you for your consideration of my Chairman, Committee on Natural Resources. dition, should a conference on the bill be request and for the extraordinary coopera- necessary, I would support your request to tion shown by you and your staff over mat- HOUSE OF REPRESENTATIVES, have the Committee on Agriculture rep- ters of shared jurisdiction. I look forward to COMMITTEE ON ENERGY AND COMMERCE, resented on the conference committee. Fi- further opportunities to work with you this Washington, DC, December 9, 2015. nally, I would be pleased to include this let- Congress. Hon. ROB BISHOP, ter and any response in the bill report filed Sincerely, Chairman, Committee on Natural Resources, by the Committee on Natural Resources to ROB BISHOP, Washington, DC. memorialize our understanding, as well as in Chairman, Committee on Natural Resources. DEAR MR. CHAIRMAN: Thank you for your the Congressional Record. letter regarding H.R. 2406, the Sportsman’s HOUSE OF REPRESENTATIVES, COM- Heritage and Recreational Enhancement Act Thank you for your consideration of my MITTEE ON TRANSPORTATION AND of 2015. request and for the extraordinary coopera- INFRASTRUCTURE, As you noted, the bill was additionally re- tion shown by you and your staff over mat- Washington, DC, December 8, 2015. ferred to the Committee on Energy and Com- ters of shared jurisdiction. I look forward to Hon. ROB BISHOP, merce, and I agree to the discharge of the further opportunities to work with you this Chairman, Committee on Natural Resources, Committee from further consideration of the Congress. Washington, DC. bill so that it may be scheduled by the Ma- Sincerely, DEAR CHAIRMAN BISHOP: I write concerning jority Leader. This discharge in no way af- ROB BISHOP, H.R. 2406, the Sportmen’s Heritage and Rec- fects the Committee’s jurisdiction over the Chairman, Committee on Natural Resources. reational Enhancement Act of 2015 (SHARE subject matter of the bill, and it will not

VerDate Sep 11 2014 05:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.033 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H922 CONGRESSIONAL RECORD — HOUSE February 25, 2016 serve as precedent for future referrals. In ad- Congressional Record during floor consider- State and local outdoor recreation dition, should a conference on the bill be ation of H.R. 2406. projects: playgrounds, parks, refuges, necessary, I appreciate your support for my Sincerely, and baseball fields. There is strong bi- request to have the Committee represented BOB GOODLATTE, partisan support. I believe 88 percent of on the conference committee. Chairman. Finally, I appreciate the inclusion of your Americans want Congress to preserve letter and this response in the bill report Mr. WITTMAN. Madam Chair, I re- it. So now is the perfect opportunity to tiled by the Committee on Natural Re- serve the balance of my time. do that. sources to memorialize our understanding, Mr. BEYER. Madam Chair, I yield We have had hearings in the Com- as well as in the Congressional Record. myself such time as I may consume. mittee on Natural Resources on Rep- Thank you for your assistance. Madam Chair, I rise to oppose H.R. Sincerely, resentative Chairman BISHOP’s bill. We 2406, with great respect for my friend, need hearings on Representative GRI- FRED UPTON, the gentleman from Virginia. I respect Chairman. JALVA’s H.R. 1814, which has more than very much what Representative WITT- 200 bipartisan cosponsors. This bill was HOUSE OF REPRESENTATIVES, MAN and others are trying to do. the perfect opportunity to include that COMMITTEE ON NATURAL RESOURCES, The best I can do to describe H.R. bill. Washington, DC, December 9, 2015. 2406 is a missed opportunity. Many of It was also the perfect opportunity to Hon. BOB GOODLATTE, the titles in the bill are inoffensive, do the North American Wetlands Con- Chairman, Committee on the Judiciary, Wash- but others would significantly hinder servation Act, NAWCA. It is a vol- ington, DC. conservation efforts that benefit hunt- DEAR MR. CHAIRMAN: On October 8, 2015, untary, nonregulatory conservation the Committee on Natural Resources ordered ers, anglers, and other lovers of the program. Farmers, ranchers, and other favorably reported as amended H.R. 2406, the outdoors. private landowners support the pro- Sportsman’s Heritage and Recreational En- I myself am an avid hiker, Madam gram, and every project is voluntary. hancement Act of 2015. The bill was referred Chair. I just completed 25 miles on the It fosters conservation efforts by the primarily to the Committee on Natural Re- Appalachian Trail in the snow last non-Federal sector. sources, with an additional referral to the week in Representative GOODLATTE’s Over the years, nearly 5,000 cor- Committee on the Judiciary, among other district. I am up to 1,288 miles on the committees. porate, small business, nonprofit, I ask that you allow the Committee on the Appalachian Trail. I would love to see State, and local entities have tripled Judiciary to be discharged from further con- conservation efforts that protect the NAWCA dollars by providing matching sideration of the bill so that it may be sched- long-term legacy of the Appalachian funds. The 50 State wildlife agencies uled by the Majority Leader. This discharge Trail like the Land and Water Con- are all active partners in it, and de- in no way affects your jurisdiction over the servation Fund. mand for NAWCA continues to exceed subject matter of the bill, and it will not Simply put, this bill doesn’t include available funds. So this was debated serve as precedent for future referrals. In ad- the sporting community’s top legisla- dition, should a conference on the bill be and thoroughly vetted in the 112th and necessary, I would support your request to tive priorities. The Natural Resources the 113th Congresses. It was unani- have the Committee on the Judiciary rep- Committee Democrats have been clear mously reauthorized by Congress in resented on the conference committee. Fi- from the beginning that we are open to 2006, and this was a great vehicle to do nally, I would be pleased to include this let- discussions that could lead to com- that. ter and any response in the bill report filed promise legislation—legislation that Objection 2, title X, I believe, which by the Committee on Natural Resources to would indeed include many of the is the ivory title, this would gut the memorialize our understanding, as well as in pieces of this bill, but also additional the Congressional Record. administration’s proposed ivory rule. Thank you for your consideration of my titles that would earn it broad bipar- Last year, the U.S. Fish and Wildlife request, and I look forward to further oppor- tisan support. Service seized a 1-ton stockpile of ille- tunities to work with you this Congress. In a letter several days ago, Ranking gal elephant ivory, most of which was Sincerely, Member GRIJALVA wrote to the chair seized from a Philadelphia antique ROB BISHOP, expressing optimism that a non- dealer named Victor Gordon. Chairman, controversial outcome could still be For at least 9 years, Gordon imported Committee on Natural Resources. achieved and requesting negotiations and sold ivory from freshly killed Afri- HOUSE OF REPRESENTATIVES, to produce a bill that would pass the can elephants in violation of U.S. law COMMITTEE ON THE JUDICIARY, House without opposition. Unfortu- and the laws of the countries where the Washington, DC, December 9, 2015. nately, this request was denied. elephants were poached and the ivory Hon. ROB BISHOP, So I would love to have this bill on was stolen. While a ton of ivory was Chairman, Committee on Natural Resources, the suspension calendar, but not on the confiscated, there is no way to know Washington, DC. suspension calendar I would like to de- how much Gordon had sold during the DEAR CHAIRMAN BISHOP: I am writing with tail nine specific objections. respect to H.R. 2406, the ‘‘Sportsmen’s Herit- previous decade or where it is now. age and Recreational Enhancement Act of Objection 1, this bill omits the top How did he get away with it for so 2015,’’ which the Committee on Natural Re- two priorities of the outdoors commu- long? sources recently ordered reported favorably. nity, the permit reauthorization of the The ivory was doctored so it looked As a result of your having consulted with us Land and Water Conservation Fund, old enough to pass through a loophole on provisions in H.R. 2406 that fall within the and the permit reauthorization of the in enforcement of the African Elephant Rule X jurisdiction of the Committee on the North American Wetlands Conserva- Conservation Act, a law that was Judiciary, I agree to discharge our Com- tion Act. passed by us in 1989 to end the commer- mittee from further consideration of this bill so that it may proceed expeditiously to the LWCF has provided funding to help cial import and export of ivory. House floor for consideration. protect some of Virginia’s most special The Obama administration’s pro- The Judiciary Committee takes this action places: the Rappahannock River Val- posed ivory rule would close that loop- with our mutual understanding that by fore- ley, Back Bay National Wildlife Ref- hole and prevent U.S. citizens from going consideration of H.R. 2406 at this time, uge, Shenandoah Valley Battlefields being involved—knowingly or unknow- we do not waive any jurisdiction over subject Historic District, and the Appalachian ingly—in elephant poaching and the matter contained in this or similar legisla- Trail. trafficking crisis. Ending the commer- tion, and that our Committee will be appro- priately consulted and involved as the bill or Studies have shown that for every cial ivory trade does not mean taking similar legislation moves forward so that we dollar of LWCF invested, there is a $4 away the people’s musical instruments, may address any remaining issues in our ju- return to communities. The broader ivory-handled pistols, or family heir- risdiction. Our Committee also reserves the outdoor recreation conservation econ- looms. Museum collections, scientific right to seek appointment of an appropriate omy is responsible for more than $600 specimens, and sport-hunted trophies number of conferees to any House-Senate billion in consumer spending every will also be allowed to move freely. conference involving this or similar legisla- year. Neither the Fish and Wildlife Service’s tion, and asks that you support any such re- quest. This is one of the Nation’s premier direct order nor the forthcoming En- I would ask that a copy of our exchange of programs. Over the years, LWCF has dangered Species Act rule restrict pos- letters on this matter be included in the been responsible for more than 40,000 session or transport within the United

VerDate Sep 11 2014 05:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.036 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H923 States, and transport into and out of that we in Congress have a responsi- ferred maintenance backlog that we the country will still be allowed with bility to the entire Nation, not just for have on lands that we own. Basically, the appropriate documentation. any one county or one region. that we shouldn’t buy more until we Further, items up to 200 grams—7 Our oceans cover more than 70 per- take care of what we already have. ounces—of ivory can still be bought cent of the Earth, and 99 percent of This would allow the existing act to and sold, and that is more ivory than is that water is open to fishing, but in take 100 percent of the land from land in any piano or ivory-gripped pistol. some cases science shows that we must transactions and spend it on deferred What the rule will do is stop profit- protect certain areas. We all want maintenance. eering off elephant parts in this coun- more people to have more fishing op- This violates the whole original idea try. As long as ivory has monetary portunities, but the fish have to be of the act: that we would sell Federal value, people will kill elephants to get there. land to get more Federal land back. it. Eliminating value will eliminate de- I was impressed by something the di- Furthermore, it makes these expendi- mand, and it is a necessary component rector of NOAA told me a couple years tures subject to appropriation. So if we of the broader U.S. strategy to reduce ago, that the fishing marine reserves in bring in X million dollars in land sold, wildlife poaching and trafficking. the Pacific set aside by George W. we don’t have to buy or even use that I am disappointed that Ranking Bush, you can now see them from space X million dollars on new deferred Member GRIJALVA’s amendment to because the fish have recovered so maintenance. It could just go to—wher- strike ivory was not made in order in quickly within those reserves, that the ever. the Rules Committee, but I understand fishing vessels outline the perimeter of I am disappointed that the bipartisan no one wanting to vote on this floor to the reserve, which you can see from 100 land-for-land FLTFA version that be in favor of killing more elephants. miles away. sportsmen in 165 groups have cham- Regardless, the inclusion of that provi- Objection 5, title 15 bars the Forest pioned for a decade isn’t included in sion in this bill before us today shows Service from restricting dog deer hunt- the SHARE Act today. that somehow we are unaware or un- ing on certain national forest lands in Objection 8 is title VI. Currently over concerned with the fact that poachers Louisiana, Mississippi, Oklahoma, and 75 percent of all Federal land is open to are slaughtering nearly 100 African ele- Arkansas. The aim is to allow for a hunting and fishing, but title VI deems phants a day. continued hunting of deer with dogs, all Bureau of Land Management and Objection 3, Madam Chair, is section which is an extremely controversial Forest Service land open for hunting 302 of SHARE Act that would allow practice that pits landowners against unless it is closed by the head of the polar bear trophies. It creates a loop- hunters. agency through a long closure process. hole in the Marine Mammal Protection Landowners complained. This didn’t Right now, they can be closed by local Act to allow a handful of wealthy tro- come from overzealous environmental- land managers. phy hunters to import polar bear tro- ists or Federal regulators. It came Once again, I find this a little ironic phies into the U.S. in defiance of cur- from landowner complaints to the For- because so much of the theme from the rent law. est Service to ban deer dogging in the majority, which I respect, is to move If passed, this will be the fourth Louisiana Kisatchie National Forest. decisionmaking back close to the com- major carve-out by Congress since 1994 munities that are actually affected. In for Americans who have hunted polar b 1630 this case, they are moving it away bears in Canada. Although the number Congress should let expert land man- from the communities and to Wash- of polar bears affected by this loophole agers manage land and other resources ington, D.C., to close these lands. It will be relatively small, the cumu- valued by all Americans. This decision also undermines the Wilderness Act, lative effect of the carve-outs has been to ban hunting deer with dogs was nec- the National Environmental Policy detrimental to an imperiled species. essary to create balance among mul- Act, and the National Wildlife Refuge And these trophy hunters were not tiple users of the forest, and Congress System Administration Act. caught up in government bureaucracy should respect that. Finally, Madam Chair, objection 9 is or red tape. All the individuals hunted Objection 6 is title IV that creates trapping. The SHARE Act would dra- the bears after the George W. Bush ad- the Recreational Lands Self-Defense matically expand the use of body-grip- ministration proposed the species for Act. This bill would actually prohibit ping traps on Federal public lands, in- listing as threatened under the Endan- the Army from developing or enforcing cluding in sensitive wilderness areas. gered Species Act despite repeated any regulation that prohibits an indi- The provision takes the step, unprece- warnings from government agencies, vidual from possessing a firearm at dented in Federal law, of adding trap- hunting groups, and the conservation recreation areas administered by the ping to the definition of hunting, then community that the trophies could Corps of Engineers. It is just hard to creating a presumption that all these face a bar on importation and that believe that we are going to restrict Federal public lands are open. Millions these hunters were hunting at their the Army from regulating gun use on of acres of land would be open to trap- own risk. Army property. If the Army is in ping. Granting this request would create a charge of lands management, it should Even under current law, roughly 6 dangerous precedent by encouraging be able to determine whether firearms million targeted animals are killed in hunters to race for trophies the mo- are appropriate on a site. traps every year, according to Associa- ment any species is considered for list- Army lands abut family homes and tion of Fish and Wildlife Agencies. ing when such species most need pro- other sensitive sites. We should not Held in a painful leghold trap, a beaver, tection, knowing they can rely on Con- lightly permit access in places where a bobcat, a fox, will try desperately to gress later to let them import their an accidental shot could wind up in break free in the hours or days until trophies. someone’s backyard or in a sensitive they succumb to dehydration, preda- Objection 4, the provision gives location. Accidental shots are real. A tors, or death at the hands of trappers. States the veto power on Federal fish- longtime family friend—a West Point Traps are dangerous and they are indis- ing management and national marine graduate and a retired Army colonel— criminate in snaring not only targeted parks, sanctuaries, and monuments. was sitting at his desk when a bullet, areas, but threaten endangered species, I flew to Homestead, Florida, this an accidental bullet, came through the pets, or even unsuspecting children and past spring, Madam Chair, for their window, hit him in the back of the adults. public hearing on the Biscayne Bay, a neck, and he is a quadriplegic today. Leghold traps have already been pro- national marine that was set aside by Objection 7 is title IX that changes a hibited or severely restricted in nine the park service. It was a small, small successful program, the Federal Land U.S. States in over 80 countries. Con- percentage of the total Federal lands Transaction Facilitation Act. On the gress should be acting to protect the and waters. About half the fishermen Natural Resources Committee, we have public, endangered species, and pets there were for it and half the fishermen heard much from the majority, appro- from dangerous and indiscriminate were against it, but it missed the fact priately, about how we need to deal body-gripping traps, not expanding that these were not State waters and with the incredible infrastructure de- their use into additional areas. Really,

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.053 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H924 CONGRESSIONAL RECORD — HOUSE February 25, 2016 how can trapping be described as strengthens the fundamental right of good and a great deal of harm. This is sportsmanlike? public use; it secures the vital role that a bad bill. Madam Chair, I reserve the balance recreational hunting and fishing play I urge my colleagues strenuously to of my time. in resource management; and it guar- oppose it. Mr. WITTMAN. Madam Chair, I yield antees the freedom to sustain that her- Mr. WITTMAN. Madam Chair, I yield 3 minutes to the gentleman from Cali- itage for the many generations of 2 minutes to the gentleman from Lou- fornia (Mr. MCCLINTOCK). Americans to come. isiana (Mr. SCALISE). Mr. MCCLINTOCK. Madam Chair, I Mr. BEYER. Madam Chair, I yield 3 Mr. SCALISE. Madam Chair, I want thank the gentleman for yielding and minutes to the gentlewoman from Cali- to thank my friend from Virginia for for his work on behalf of American fornia (Mrs. CAPPS). yielding and for his leadership in bring- sportsmen. Mrs. CAPPS. Madam Chair, I thank ing the SHARE Act forward. Madam Chair, three overarching my colleague for yielding. I rise in strong support of this legis- goals should guide our Federal land Madam Chair, I rise in strong opposi- lation that protects the rights of policy. First, to restore public access tion to H.R. 2406. This bill is being de- sportsmen and protects the rights of to the public lands; second, to restore scribed as a simple package to support gun owners. sound and proven scientific manage- hunting and fishing on Federal lands. Madam Chair, I am proud to come ment to the public lands; and finally, For fishing and hunting to be sus- from Louisiana, which is called the to restore the Federal Government as a tained, it must be done with a mind to- Sportsman’s Paradise. We have great good neighbor to the local commu- ward conservation. Unfortunately, this traditions of hunting and fishing nities impacted by the public lands. bill fails to achieve this need, and it throughout our State. This measure does all three. It re- threatens the very environment that If you look at the barrage of regula- moves the arbitrary and capricious re- supports the animals. Of course, by tions that have come out from this ad- strictions that are increasingly im- doing so, it endangers the sustain- ministration over the years, it has at- posed on hunting and fishing by var- ability and long-term viability of hunt- tacked so many different fundamental ious Federal agencies; it enlists sports- ing and fishing, also. aspects of our society, so many things men in the long-neglected management Furthermore, this bill ignores sci- that make our country great. Of of overpopulated species; and it gives entifically based best practices, leaving course, the right to hunt and fish is more funds to States for recreational these lands at risk. While there are nu- something that is not only a funda- activities on public lands while encour- merous bad provisions in the bill, in- mental right for people, but it is actu- aging greater participation by the pub- cluding allowing ill-advised ivory and ally something that brings families to- lic in developing these policies. polar bear importation and actually gether. It is one of the great traditions Outdoor sporting activities, includ- preventing scientifically based regula- that we love to share with our chil- ing hunting and fishing and rec- tions, this bill is particularly troubling dren. Our parents brought us hunting reational shooting, are deeply because it limits Federal management, and fishing. engrained in the fabric of America’s lead ammunition, and fishing tackle. Yet if you look at some of the regula- culture and heritage that are now We hear every day about the dangers tions coming out of these Federal agen- under attack by the radical left. of lead. The devastating impacts of cies today, it is actually undermining In 2011, over 37 million Americans lead poisoning are not just restricted those rights. What this bill is targeted hunted or fished across the country. to people. I have seen these dangers at is restoring those rights, to make These traditional outdoor activities firsthand, as they are extremely appar- sure, for example, when you have got contributed over $90 billion to the U.S. ent in my district on the central coast agencies like the Corps of Engineers economy in 2011, much of it in the of California. that are trying to arbitrarily shut off gateway communities to our public As anyone from California knows, lands for the ability of people to go lands. Unfortunately, Federal agencies the California condor, the largest hunt, they shouldn’t be able to do that. like the Forest Service and the BLM North American land bird and an In fact, under this legislation, they often prevent or impede public access iconic species along the central coast, won’t be able to continue doing that. for outdoor sporting activities. This is was on the brink of extinction, in large No unelected bureaucrat should be able a large and growing class of complaints part due to lead poisoning. A looming to limit the rights of law-abiding citi- that my office fields in a district that threat to this species remains, so we zens. includes five national forests in the Si- must stay vigilant. In fact, this danger Something else we have seen, Madam erra Nevada of California. is so imminent that published research Chair, is the Environmental Protection One of the key provisions of this bill shows that the species is unlikely to Agency, unfortunately an agency we will increase and sustain access for survive unless we continue to substan- hear a lot about around this town, that hunting and fishing and recreational tially reduce the threat of lead in the is out there threatening jobs, taking shooting on public lands by imple- environment. away the ability for people to do things menting an ‘‘open until closed’’ man- The source of this lead is not a mys- that are important to their everyday agement policy. It also requires Fed- tery. It is in large part the result of lives. eral agencies to report to Congress on lead from hunting and fishing equip- The EPA has been threatening to ban any closures of Federal lands to these ment. Lead poisoning is a terrible and lead ammo and tackle. In this bill, we pursuits. Another provision would pro- cruel way for any animal to die. While block the EPA from being able to ban vide State and Federal coordination to the risk to condors is immediate, this lead ammo. Again, this is something create and maintain recreational risk is not limited in any way to this that is fundamental to our rights as shooting ranges on the Federal lands. one species. sportsmen, as hunters and fishermen, This bill protects the property rights Continuing to pollute our lands and to be able to enjoy the fruits of our of those who have acquired ivory prod- waters with lead ammunition and fish- land. ucts and other trophies over genera- ing tackle makes absolutely no sense. There are over 50 sports organiza- tions, long before any of this hunting But the bill before us would keep the tions that are supporting this legisla- was banned, and often passed on down Federal Government from doing any- tion. I just want to read from the Na- through the generations within a fam- thing to address this issue. It is so dan- tional Rifle Association’s Institute for ily. It does absolutely nothing to im- gerous and shortsighted. Legislative Action: ‘‘The SHARE Act peril the protected species under cur- That is why I offered an amendment would give law-abiding gun owners rent laws. at the Rules Committee which would more access to carry firearms on land The purpose of the public lands can have removed this dangerous language managed by the Army Corps of Engi- be found in the original Yosemite from the bill; but unfortunately, we neers, protect lead-based ammunition, Grant Act of 1864: public use, resort, will not be able to fix this problem on and promote the construction and and recreation for all time. The the floor because my amendment has maintenance of public target ranges.’’ SHARE Act recognizes our Nation’s been blocked from a vote. Despite its Madam Chair, it is important legisla- hunting and fishing heritage; it name, the SHARE Act would do little tion. I encourage all of our colleagues

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Madam Chair, I thank the whether that be fishing and, at the points very clear in that the language gentleman for yielding time. same time, to make sure that there is in title IV that deals with this bill, I rise in support of the SHARE Act an economic engine in it that contrib- that deals with the Army Corps lands, and the Sportsmen’s Heritage and Rec- utes to the ability to keep those lands allows law-abiding American citizens reational Enhancement Act. up. to carry firearms on Army Corps rec- I thank my co-chair on the Sports- I ask my friends to approach it with reational lands. men’s Caucus, Mr. WITTMAN, for his an open mind and to understand that The Army Corps is not the Army. work on this bill. Like so many you this is truly deeply engrained in this There is a difference between the two. have heard here today, we, as a Nation, culture. There are commonalities here. We are not talking about military are blessed with an abundance of op- We have the same goals, to make sure lands, but recreational lands. portunities in the outdoors. Like so these are available for our children. What this does is make these rec- many, I take advantage of them: hik- If we can come together and work on reational lands that are owned by the ing, biking, hunting, and fishing. this, we have to take this first step. We Army Corps of Engineers compliant For those who do participate in hunt- are becoming a more populated coun- and parallel to the laws we have for the ing and fishing, it truly is a passion, it try, and there are fewer opportunities Forest Service as well as for the BLM is a way of life, and it is a heritage for people to get out there. Many peo- and the Park Service, as it deals with that we share with our parents. I don’t ple are not landowners themselves; so, carrying weapons as long as they are in think there is one of us who partici- the public lands are the only places at compliance with State and Federal pated in it who doesn’t remember a which these activities can take place. law. crisp autumn morning, waking up with There is enough out there. If we man- Many Members think this is, basi- our father, cooking breakfast, and age it right, we can share the land, as cally, a hunting issue. It is not. The going out to the field with the dew on the act says, and we can do those ac- primary reason for this language has to the grass and the Sun coming up. To tivities that mean a lot to us and con- do with the fundamental right of self- this day, I don’t remember if we nec- tinue them for future generations. defense, and it does make it consistent. essarily got a pheasant, but I remem- I encourage my colleagues to support I want to make two final points here. ber my dad, and I remember talking this piece of legislation. The Natural Resources Committee about it. Mr. WITTMAN. Madam Chair, I yield strongly encourages the Bureau of It was on those trips that I think we 3 minutes to the gentleman from Utah Land Management and the U.S. Forest understood that hunting and fishing, as (Mr. BISHOP), the chairman of the Nat- Service to develop agency-wide poli- a way of life, is not in a vacuum. ural Resources Committee. cies, in consultation with the Wildlife Hunting and fishing in Minnesota, 1.7 Mr. BISHOP of Utah. Madam Chair, I and Hunting Heritage Conservation million Minnesotans participate in thank Mr. WITTMAN and Mr. WALZ for Council and the Sport Fishing and hunting and fishing. That contributes working with our committee to bring Boating Partnership Council, that re- $3 billion to our economy and creates this bipartisan bill together to protect flect the intent of this act. These poli- 48,000 direct jobs. If you take that hunting and shooting heritages. cies should ensure that there is more across the Nation, it is $90 billion a One of the things that I, as well as access to America’s Federal lands for year to our economy. That is not in a many of my colleagues, hear repeat- hunting, fishing, and recreational vacuum either, because we have a real- edly from our constituents is the com- shooting. ly unique system of conservation in plaint that land management agencies These councils represent the inter- this country: user pays and public ben- have blocked access to Federal lands. ests and needs of sportsmen and efits. Every shell and cartridge that is That especially goes for hunters and -women who depend on having access purchased and every fishing rod and anglers and target shooters. to Federal lands for outdoor sporting boat that is purchased has an excise Our national monuments alone have activities. tax in it that goes back into the very already closed 928,000 acres to hunting I will also be reaching out to the Bu- conservation. and recreational shooting. Most of reau of Land Management and to the those areas are, unfortunately, easily Forest Service for regular updates on 1645 b accessible. You don’t have to walk the progress being made in developing The people who are out hunting and miles to try and get to them. these policies within 30 days of each re- fishing understand as well as anyone, if There are some who condemn this by spective council meeting. you don’t have the proper habitat, you saying that the vast majority of public I appreciate the gentleman’s compli- don’t have the pheasants. lands is still open for hunting and ance and understanding. An organization like I belong to, shooting. The problem is the prox- Vote for what is good about this bill, Pheasants Forever, has literally put in imity. not for what is not there. all of the money and has leveraged this The ones that are being closed are Mr. BEYER. Madam Chair, I yield 4 in order to turn tens of thousands of those that are easily accessible to espe- minutes to the gentleman from Oregon acres of the prairie back to virgin prai- cially those people who live in urban (Mr. BLUMENAUER), my colleague and rie, which are now abundant with game areas who don’t have to go miles and good friend. for people to take advantage of. Those miles to do it. Mr. BLUMENAUER. I appreciate the are the types of things that make In addition to that, the problem is gentleman’s courtesy in permitting me sense. that the Bureau of Land Management to speak on this bill. I understand the concerns that the and the Forest Service make no assess- Madam Chair, I, too, am a passionate gentleman expressed, and I understand ment on the impact of closing lands to advocate of public spaces, of outdoor that this is not a perfect bill. But I can shooters or to anglers. recreation, and I understand the impor- tell you that it has been worked on for They don’t identify where the dis- tance of protecting some of our Na- a long time and that it is a starting placed recreationalists are being able tion’s most pristine places. point. to go, how far they have to travel, or My constituents enjoy hunting and There is a realization and an under- what kind of access would be available fishing and are involved in exploring standing that we have to compromise to them. At a minimum, this bill forces the great outdoors. That is why it is on issues. We are going to have to work them to take that into consideration. unfortunate that what we have before with the Senate, and we are going to I wish it were tougher language that us today is a piece of legislation that is get this in front of the President. would force them to make some kind of unduly partisan and special-interest- Yet, I think most of us agree that our accommodations. But at least for the oriented and is not speaking in terms goal with this is to allow Americans to first time they are actually going to of things that could have brought us

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.056 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H926 CONGRESSIONAL RECORD — HOUSE February 25, 2016 together in something that could have Mr. BEYER. Madam Chair, I yield State and local taxes each year. That been a lovefest. the gentleman an additional 1 minute. is enough to support the average sala- Why aren’t we making a permanent Mr. BLUMENAUER. There are, in ries of over 10,000 police officers. reauthorization of the Land and Water fact, alternatives if what you want to Madam Chair, when I was a kid, my Conservation Fund and making sure do is kill animals with guns. We don’t family owned a small hotel and bar. I that it is funded? need to do lead-based ammunition, worked by making beds, by filling ice Yesterday we had hundreds and hun- which ends up in the environment. It buckets, and by hauling beer in order dreds of women from the Federated ends up not just in what you are kill- to save for college. Our business de- Garden Club of America, just one more ing. It doesn’t go away. It persists and pended on hunters in the fall and win- group adding its voice to something adds to lead pollution. ter and on fishermen in the summer. that is supported by people who hunt, There is no reason that we can’t Without those sportsmen, we would people who fish, people who hike, peo- make changes in these policies that we have had no small business. ple who enjoy the opportunity of what know are destructive, that we know There are small businesses like this the Land and Water Conservation Fund there are viable alternatives to that all over northern Michigan and across represents. actually protect the environment. America today. There are also grand- Instead, we are veering off. We are in As people work through this legisla- parents, parents, and children all the process now of having legislation in tion and hear from animal welfare across the country who are excited for this bill that does pose serious prob- groups, sports people, and environ- their next hunting and fishing adven- lems in terms of environmental protec- mentalists and as they look at the tures. tions. I will give one specific example problems that are associated with it, it That is why we must make sure that in terms of what is happening in the is not a consensus, bipartisan bill. we do everything possible to ensure ac- area of ivory. It is an approach that actually leads cess to public lands for hunting, fish- Voters in Washington recently voted us in the wrong direction. It is not ra- ing, and recreational shooting for all overwhelmingly to ban on a State level tional. It is not popular. It is not based Americans, including for future genera- traffic in ivory. You are going to see in sound policy. I strongly urge its re- tions to come. this fall in my State of Oregon that an jection. Madam Chair, I urge my colleagues initiative is going to be approved that Mr. WITTMAN. Madam Chair, I yield to support the SHARE Act. is going to close loopholes in terms of myself such time as I may consume. Mr. BEYER. Madam Chair, I yield 3 allowing trade in my State for ivory. I would like respond just briefly to minutes to the gentlewoman from This has nothing to do with grand- the gentleman’s remarks concerning Texas (Ms. JACKSON LEE). ma’s antique piano or somebody who ivory. Ms. JACKSON LEE. I thank the gen- has an ivory-handled pistol that has If you look at the current state of tleman from Virginia (Mr. BEYER) for been in the family for years. We have a regulatory efforts by the U.S. Fish and his leadership and for the service that thriving international trade in ivory Wildlife Service, for those nations that he has given to this Congress. We are that is resulting in the destruction of a have sustainable elephant populations, so delighted to have him join us. I species. We are losing 100 elephants a it would actually make it much, much thank the manager as well, his col- day. more difficult to manage them and it league from Virginia (Mr. WITTMAN). At the rate we are going, by the end would actually encourage more poach- Madam Chair, in coming from Texas of the decade—within 10 years—there ing. and knowing many of those who seek will be no more wild African elephants. We want to make sure that we allow recreational hunting, fishing, and par- The trade in ivory fuels some of the the legal trade of legally harvested ele- ticipation on lands, private and Fed- most heinous acts by some of the most phants. In doing that, that makes sure eral, one wonders whether or not we vicious people in the world. that African nations can put in place could have found a way to deal with Terrorists use these funds for their sustainable programs for the har- the concerns of our friends of whom I horrific activities, particularly in sub- vesting of elephants, where there are support: environmental groups and the Saharan Africa, poisoning wells so that overpopulations, to make sure that Humane Society and just a litany of in- the animals are dying by the dozens, they have the wherewithal to put peo- dividuals from the Atlantis, the Alaska hacking off the tusks at that site. ple on the ground to stop poaching. Wilderness League, the Alliance of the We have to stop the trade in ivory. This is a sustainable effort, I believe, Wild Rockies, the Humane Society The United States is the second largest that is critical, and these regulations International, the Endangered Species destination. We have China that is fi- will actually stop that. Coalition, the Environmental Inves- nally stepping up and working with us. Madam Chair, I yield 2 minutes to tigation Agency, the National Audubon We should not make it harder for the the gentleman from Michigan (Mr. Society, the Kentucky Heartwood, and United States to crack down on the BENISHEK). just a whole array of individuals, the ivory trade. Mr. BENISHEK. Madam Chair, I rise names of whom I will offer into the There is no reason for a civilized so- today in support of H.R. 2406, the RECORD at another time. ciety to continue trading in things like Sportsmen’s Heritage and Recreational ivory tusks and products. It enables Enhancement Act of 2015, or the b 1700 this black market to continue. People SHARE Act. This bill comes and specifically will find their way into it, and we will This legislation is vital in ensuring interferes with what I believe is the continue to slaughter elephants every that Federal agencies like the U.S. important protection, if you will, of single day. Forest Service and the Bureau of Land items that impact our wilderness. What we should be doing is not re- Management can no longer continue to This bill undermines the NEPA Wil- stricting what the Federal Government prevent or deny full access to Federal derness Act and the National Wildlife is doing. We should be tightening it lands for activities like hunting, fish- Refuge System Administration Act to further like we will do in the State of ing, and recreational shooting. solve a problem that does not exist. It Oregon. Access to public, Federal lands for blocks the administration’s rule to re- I find it a little frustrating that peo- these heritage activities is not only an strict trade in African elephant ivory ple are talking about protecting tradi- important part of our shared American and protects African elephants from tional ammunition and fishing lure. I value, it is also a significant contrib- being slaughtered for their tusks. It mean, there are some people who might utor to national, State, and local adds indiscriminate and inhumane say, in Flint, Michigan, using lead in economies. trapping practices to the legal defini- the pipes is a traditional way of plumb- In 2011, in the State of Michigan tion of hunting and does not include a ing, but we figured out that that tradi- alone, over 1.9 million hunters and an- long-term reauthorization of the Land tional mechanism is actually poisoning glers spent over $4.8 billion in hunting and Water Conservation Fund, a high people. and fishing. To put this in perspective, priority for hunters and anglers. The CHAIR. The time of the gen- spending by sportsmen and -women in My simple question is: Couldn’t we tleman has expired. Michigan generates over $576 million in have found some common ground and

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.058 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H927 not be supporting legislation that, for I urge my colleagues to join me in voting I want to highlight two specific pro- one, my amendment on polar bears against this unwise and unnecessary legisla- visions in the SHARE Act that I spon- will, in fact, impact; that the wealthy tion. sored. This legislation will authorize trophy hunters who shot bears had full Mr. WITTMAN. Mr. Chairman, I yield the Wildlife and Hunting Heritage Con- knowledge of the pending rule? This is 2 minutes to the gentleman from Ohio servation Council, which will serve as an issue that occurred when 41 polar (Mr. GIBBS). an official advisory board to the De- bears were killed as the Fish and Wild- Mr. GIBBS. Mr. Chairman, I rise partment of the Interior and the De- life Service finalized a rule listing today in support of H.R. 2406, the partment of Agriculture on policies them as threatened under the Endan- Sportsmen’s Heritage and Recreational that benefit recreational hunting and gered Species Act. Enhancement Act; specifically, title IV wildlife resources. Authorization of the The polar bears are vulnerable. They of the bill, which includes the Rec- council is vital to ensuring that hunt- are not yet under the Endangered Spe- reational Lands Self-Defense Act. This ers maintain an advisory role in future cies Act, but they are vulnerable. So legislation is vital to preserving and administrations. This legislation will we have individuals who want to take expanding the Second Amendment provide levels of certainty and sta- advantage and seek to utilize the loop- rights of law-abiding citizens. bility necessary to ensure the council’s hole. That is my opposition to this leg- In 2010, legislation was enacted that ability to engage in assisting the Fed- islation, that it does not find a bal- allows campers, hikers, and sportsmen eral Government in devising and imple- ance. who are legally allowed to possess a menting long-term solutions that are What it does do is it puts our animals firearm to protect themselves and their necessary to address policy issues im- in jeopardy, animals that make for the families on land operated by the Na- portant to sportsmen and sports- tional Park Service or the Fish and ecosystem in a positive way. women. So I would ask my colleagues really Wildlife Service. Unfortunately, this The legislation also directs the Sec- to go back to the drawing board and law left millions of acres overseen by retary of the Interior and the Sec- come forward with a bill that actually the U.S. Army Corps of Engineers retary of Agriculture to create a new protects animals, allows sport but does closed to those who want to legally permit that authorizes a crew of five or not undermine the whole ecosystem, arm and protect themselves. fewer people to film for commercial or Every year, millions of Americans undermine the structure of protecting similar purposes on Federal lands and camp, hunt, and hike on Federal lands. animals, and certainly, in the memory waterways at an annual cost of $200. They are often in remote locations of Cecil—although a lion—continue to Aside from this set fee, no additional with no easy access to emergency serv- kill our vulnerable species of polar fees may be added during their time ices or law enforcement. These Ameri- bears just to have trophies. filming and photographing. I urge opposition to this bill. cans deserve to have peace of mind and We want to rectify disparity in appli- Mr. Chair, I rise in opposition to H.R. 2406, the ability to protect themselves while cation and approval regulations be- the Sportsmen’s Heritage and Recreational recreating. tween smaller crews and their larger, The Army Corps of Engineers’ inter- Enhancement Act of 2015 (SHARE Act). well-funded counterparts while filming pretation of the law preempts State While several of the proposals are non-con- on public lands. The financial burden is firearms laws; thus, preventing Ameri- troversial, the bill includes provisions that often too great and unfairly limits cans from exercising their Second would seriously undermine the Wilderness Act, their ability to access our national Amendment rights. Even if someone is the National Environmental Policy Act, and the parks and waterways. permitted by the State to carry a fire- Endangered Species Act, and fails to include As the former co-chairman of the arm, they cannot do so while on the important, bipartisan program reauthorizations Congressional Sportsmen’s Caucus and Corps’ 11.7 million acres or camping at sought by outdoor enthusiasts. a cosponsor of the SHARE Act, I be- one of the Corps’ 90,000 campsites. There are many for reasons for opposing Title IV will prevent the Corps from lieve this legislation will serve to the this bill but I list just a few: prohibiting law-abiding American citi- betterment of current and future gen- More than 75 percent of all federal lands zens from carrying a firearm as long as erations of hunters and outdoorsmen are already open to recreational hunting, fish- they are not prohibited from owning a and -women. ing and shooting, making the bulk of this legis- I thank the gentleman from Virginia firearm and the possession of the fire- lation unnecessary. for his work on this legislation, and I arm is in compliance with the State Undermines NEPA, the Wilderness Act, and urge the passage of the SHARE Act. they are located in. Mr. BEYER. I yield myself the bal- the National Wildlife Refuge System Adminis- This title in the SHARE Act will pro- ance of my time. tration Act to solve a problem that does not vide uniformity and clarity for hunt- Mr. Chair, in closing, I would like to exist. ers, campers, and hikers who want to thank the co-chairs of the Congres- Blocks efforts to crack down on poachers merely protect themselves, and it will sional Sportsmen’s Caucus, Mr. WITT- and protect elephants from being slaughtered preserve the right to bear arms on rec- MAN and Mr. WALZ, for putting this to- for their tusks. reational Federal lands. gether. Adds indiscriminate and inhumane trapping I want to thank Congressman WITT- I clearly resist the idea that our op- practices to the legal definition of hunting. MAN for introducing this legislation Does not include a long-term reauthorization and including the Recreational Lands position comes from the radical left. of the Land and Water Conservation Fund, a Self-Defense Act in the underlying bill. The 37 million hunters and fishermen high priority program for hunters and anglers. I urge my colleagues to support the out there are not Democrats. They are Does not include important, bipartisan pro- SHARE Act. not Republicans. They are both. They gram reauthorizations that would provide crit- Mr. BEYER. Mr. Chair, I inquire how are not conservative or liberal. They ical funding for wetlands conservation and ex- much time the minority side has re- represent all Americans. panding hunting and fishing access; programs maining. Representative MCCLINTOCK and supported by hunters and anglers. The Acting CHAIR (Mr. WALKER). Chairman BISHOP talked about the Exempts ammunition and sports fishing The gentleman from Virginia has 21⁄2 928,000 acres, BLM and Forest Service, equipment from the Toxic Substances Control minutes remaining. which are closed now. I very much re- Act (TSCA) despite the fact that EPA has no Mr. BEYER. Mr. Chair, I reserve the spect that that seems like a big num- plans to regulate this equipment under the balance of my time. ber and that perhaps there should be Act. Mr. WITTMAN. Mr. Chairman, I yield movement on that. Mr. Chair, H.R. 2406 simply patches to- such time as he may consume to the I think the question is: Should those gether a slew of legislative proposals, alleg- gentleman from Ohio (Mr. LATTA). decisions be made by State and local edly to enhance access to federal lands for Mr. LATTA. Mr. Chairman, I rise land managers or moved to Wash- hunting, fishing and recreational shooting. today in support of H.R. 2406, the ington, D.C., to the head of the Forest The bill is opposed by virtually every leading SHARE Act. Passage of this bill will Service, to the head of BLM? I think it environmental organization and the President increase opportunities and reduce regu- is weird that, in this body, we are talk- has announced that it will be vetoed if pre- latory burdens for all sportsmen and ing about moving things to Washington sented to him for signature. sportswomen. for the decision to be made.

VerDate Sep 11 2014 05:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.059 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H928 CONGRESSIONAL RECORD — HOUSE February 25, 2016 In fact, in the hearing we had on The SHARE Act is supported by the outdoorsmen, our sportsmen and Chairman BISHOP’s Land and Water Nation’s leading hunting and fishing -women of this Nation. Conservation Fund reauthorization, conservation organizations, making it I want to make sure, too, that we are much of it was about moving the deci- a bipartisan win for the sportsmen and clear that all of us are against stopping sionmaking back to States and local -women of America. It includes the the illegal trafficking of ivory. All of governments. Perhaps there is a way to Recreational Fishing and Hunting Her- us here want to make sure that stops. think about opening up these 928,000 itage and Opportunities Act; the Hunt- I think there are reasonable and acres with more input from State and ing, Fishing, and Recreational Shoot- thoughtful ways that do that that local governments in the time to come. ing Protection Act; the Target Prac- don’t inhibit the sportsmen who want On ivory and trafficking, Representa- tice and Marksmanship Training Sup- to go there to be part of the legal proc- tive WITTMAN and I had a good con- port Act; and the Hunter and Farmer ess to harvest an elephant in the areas versation about how we really don’t Protection Act. These, along with where there is an overpopulation. The want it to address heirlooms that have many other hunting and fishing con- dollars there are used to support local been in the family for generations. servation provisions, will strengthen populations in that area, villages. That is not what the Obama rule is try- America’s bond to the blessings given None of that animal is wasted. Every ing to do. We are looking at preventing to our great country. bit of it is used. The fees that are col- trafficking. Most important to our role as leaders lected for hunters are put into stopping Every 15 minutes every day, an ele- of the Congressional Sportsmen’s Cau- the poaching effort there. I think those phant is killed. I would love to explore cus is to promote policies that bring are sustainable models to make sure the economic argument that somehow more potential hunters, anglers, and that elephant populations continue in this ivory rule will make African ele- recreational shooters into the sports- those areas and that we, indeed, have phants more endangered. What we are men’s community. Sportsmen and the ability and resources in Africa to trying to do is cut off demand. -women are leading contributors to the stop those efforts by poachers. Finally, Majority Whip Scalise conservation of the great American b 1715 talked about being hostile to hunting outdoors. and fishing. I do think it is probably As a sidebar, I would just ask folks to I think sustainable hunting is a way silly to think of the Army Corps of En- really research the contribution that to do that. In any way impeding the gineers as a radical leftist organiza- hunters make in the whole African ele- flow of ivory back into the United tion. We want them to open the lands phant goal, because the lack of the States from legal hunting operations appropriately, but this is probably not hunter in that equation means there is doesn’t allow us to do that. Making the legislation to do it. more poaching; and I think, ulti- sure, too, that it is simple and I think many of these provisions will mately, that will be detrimental to the straightforward for owners of ivory to likely be dead on arrival in the Senate. African elephant and detrimental to continue to own that, especially those If it passes, as it is likely to do with the goals of those who want to protect pieces that are family heirlooms, and the majority, I am looking forward to that. not have to go through a long, drawn- working with Representative WITTMAN, In conclusion, I request your support out bureaucratic process to prove that Representative WALZ, and others to get for this bill to ensure that we can pro- something is yours that has been a good, bipartisan bill at the end of the tect this sacred institution of Amer- passed down through family history day that we can all support for the ican heritage. where you may not have documenta- hunters and fishermen of the United Mr. WITTMAN. Mr. Chairman, I yield tion to do that. States. myself such time as I may consume. These efforts that U.S. Fish and I yield back the balance of my time. I thank the gentleman from South Wildlife agencies are putting forward Mr. WITTMAN. Mr. Chairman, I Carolina for his leadership as vice would make it in many instances very, thank the gentleman from Virginia for chairman of the Congressional Sports- very difficult for individuals and fami- his perspectives on this and for the men’s Caucus. lies to demonstrate that. Let’s make good conversation we have had in try- We have heard a lot of, I think, good this process easy and let’s get at the ing to find common ground to make efforts today in wanting to ensure that issue, and that is the illegally har- sure that we are, indeed, supporting our sportsmen and our sportswomen vested ivory that is coming out of Afri- the great outdoors and the sportsmen have access to Federal properties, to ca to the United States. and -women that enjoy the great out- make sure they can enjoy outdoor We talked, too, about access ele- doors. I thank him for his efforts there sports. I think that is absolutely crit- ments. We heard the number used that and look forward to continuing to work ical. That is what this bill is about. It 99 percent of our ocean waters are open with him. is about clarifying to make sure that it to fishing, to recreational fishing. But I yield such time as he may consume is the legislative body that does the di- remember that the entire ocean is dif- to the gentleman from South Carolina recting, not the bureaucrats. I want to ferent in its habitats. So fish live in (Mr. DUNCAN). make sure there is a balance there be- certain areas. I would argue that the 1 Mr. DUNCAN of South Carolina. Mr. cause we hear each and every day from percent that is being closed off many Chairman, I thank Chairman WITTMAN our constituents about what they feel times is the most productive area for for his leadership on this issue. As a needs to happen with their land. fishermen. It is where the habitat vice chair of the Congressional Sports- We must remember this land belongs rests. It is where the fish are. men’s Caucus, I commend the caucus to the taxpayers, and we must find re- So if you were to say, don’t worry co-chairs, Chairman WITTMAN and TIM sponsible ways to make sure that there about it, you can hunt the entire Sa- WALZ, as well as my fellow vice chair, is access to that land for everyone. I hara Desert, that wouldn’t mean much GENE GREEN, for the great work they want to make sure that we do that. I to sportsmen. The same that you are have done to contribute to the SHARE believe that this bill achieves that. saying if you are allowed to fish these Act’s Sportsmen’s package on the floor I understand, too, that we want to other areas that don’t hold the habitat today. make sure that their voices are heard. that allow fish to live in those areas The Congressional Sportsmen’s Cau- Many times from the side of these also doesn’t keep in mind making sure cus is the largest bipartisan caucus in agencies, they will consider comments, that recreational fishermen have ac- Congress. By offering commonsense but many times the comments aren’t cess to the place where fish live. So I policy solutions that expand the joys of included. This ensures that Congress want to make sure that that is clear hunting, angling, as well as shooting has a role in defining what those oppor- when we talk about these numbers, 99 sports and, really, access to public tunities are. I want to make sure those percent versus the 1 percent. lands and all the great outdoors, our voices are heard. I can’t help but be- Remember, this bill is not about goal is to be the voice of millions of lieve that everyone here is in favor of what is not included. It is about really American sportsmen and -women who making sure that their voices are making those opportunities available treasure this unique feature of Amer- heard and that opportunities exist for those men and women who hunt, ican heritage. across all these Federal lands for our fish, and use the outdoors. I am in full

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.060 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H929 support of LWCF. I am in full support I do believe that there are many HILL) having assumed the chair, Mr. of NAWCA. I do believe that we ought more areas of agreement than disagree- WALKER, Acting Chair of the Com- to reauthorize those pieces of legisla- ment on this bill. I think that we have mittee of the Whole House on the state tion, and I do believe that there are talked to folks on many aspects of this. of the Union, reported that that Com- mechanisms to do that. I believe that It is different in its scope with the Sen- mittee, having had under consideration the vast majority of folks on our Com- ate bill, and I look forward to its suc- the bill (H.R. 2406) to protect and en- mittee on Natural Resources, as well as cessful passage out of this House and hance opportunities for recreational in Congress, want to see those things for our ability to bring it to a con- hunting, fishing, and shooting, and for happening. ference committee in the Senate and to other purposes, had come to no resolu- The difficulty always is in taking one work through those particular dif- tion thereon. bill and adding a bunch of different ele- ferences between the House and the f ments to it. I think those bills are im- Senate bill. portant enough that they deserve their Mr. Chairman, I would urge all of my HONORING THE FALLEN SOLDIERS own level of debate and own level of at- colleagues to support H.R. 2406, the OF THE 14TH QUARTERMASTER tention about what we do in reauthor- SHARE Act. DETACHMENT DURING OPER- izing those bills. Mr. Chairman, I yield back the bal- ATION DESERT STORM I think folks outside the 90 square ance of my time. (Mr. ROTHFUS asked and was given miles of Washington look at us and Mr. GENE GREEN of Texas. Mr. Chair, I permission to address the House for 1 say, you know, why are you putting all support H.R. 2406, the Sportsmen’s Heritage minute and to revise and extend his re- these other elements into a bill rather and Recreational Enhancement Act or SHARE marks.) than debating them individually? Act. Mr. ROTHFUS. Mr. Speaker, I rise I think we can put too much into a Recreational hunting and fishing are some today in remembrance of the soldiers piece of legislation where it becomes of the oldest traditions in America. I went on of the 14th Quartermaster Detachment confusing and it doesn’t get after the my first hunting trip in the early 70’s and have of the United States Army Reserve who true purpose behind the original bill. loved gaming ever since. The sport was a were killed or wounded in their bar- We tried to put together pieces that great way to bond with my father-in-law and a racks by an Iraqi Scud missile attack were similar in scope but didn’t include great tradition to pass on to my own son. in Dhahran, Saudi Arabia, during Oper- other areas that really deserve their I am not alone in enjoying this great tradi- ation Desert Shield and Operation own level of debate. tion. Sportsmen and women contribute billions Desert Storm in 1991 on this date. So that is the reason that LWCF and of dollars to the U.S. economy, support thou- The soldiers of the Pennsylvania NAWCA was left out of this, not by any sands of jobs and enrich our culture. Texas is Army Reserve served with bravery and intention to say we shouldn’t address home to 2,713,000 hunters and anglers, mak- honor in Operation Desert Shield and those, but by understanding that we ing it the second biggest state for sportsmen Operation Desert Storm, and they will have a responsibility to try to keep and women in the nation. forever make western Pennsylvania these packages of bills as simple and H.R. 2406, the SHARE Act, is supported by proud. straightforward as we can. more than 50 of the nation’s leading conserva- Also, when we talk about lead, re- Sixty-nine soldiers of the 14th Quar- tion groups and includes provisions that will termaster Detachment stationed in member that the lead we talk about is expand access for hunters and anglers and in things like fishing sinkers. Remem- Greensburg, Pennsylvania, were de- protect the environment through conservation ployed to Saudi Arabia during this ber, fishing sinkers are used in water. efforts. The gentlewoman from California campaign. These brave men and women The SHARE Act will protect access to BLM were supporting operations to liberate talked about the issue with California and U.S. Forest Service land for hunting and condors. Well, California condors are the people of Kuwait. Even though 13 of fishing, reauthorize the Federal Land Trans- these soldiers gave their lives 25 years not an aquatic bird, so I don’t think we action Facilitation Act and allows fish and wild- have to worry about them swimming in ago today—another 43 were wounded— life agencies added flexibility to construct pub- the impact of their sacrifice and their water and getting hold of these fishing lic shooting ranges. sinkers. loss has not faded and will not be for- Ensuring future generations of Americans gotten. The same way with bullets. I under- have access to these great traditions must be stand there are a few instances where We owe these soldiers and their fami- our priority going forward. lies a debt of gratitude that can never they might have found a bullet associ- Mr. MARCHANT. Mr. Chair, I rise in support be repaid, and we sympathize with the ated with ingestion with a California of H.R. 2406, the SHARE Act. This legislation pain endured by those they left behind. condor, but the vast majority of shoot- would protect 2nd Amendment rights and pre- May God bless them. ing sports are put forth in legal ranges vent unnecessary federal regulations from lim- where the lead ends up in the ground. iting access to outdoor sporting activities. f It ends up in the ground at a shooting Activities like hunting, fishing, and rec- HONORING WADE HENDERSON range. Remember, that is the exact reational shooting contribute billions of dollars area where the lead came from. So re- (Mr. COHEN asked and was given per- to our economy. But, it’s impossible to put a mission to address the House for 1 turning it to the ground where we dollar value on what they mean to millions of know eventually through the years it minute and to revise and extend his re- American families. marks.) does indeed decay, it does indeed break For many Texans—myself included—hunt- Mr. COHEN. Mr. Speaker, we are down, those things are legal and I ing and fishing are more than simple hobbies. nearing the end of Black History think environmentally responsible They are family traditions that get passed Month. We had a special program yes- ways that lead is used in both hunting down through generations. These traditions terday recognizing foot soldiers of the and fishing. Let’s not stop those ef- bring us together and teach invaluable lessons civil rights movement. It reminded me forts. I want to make sure that those about gun safety and environmental responsi- of a man who is a foot soldier up here things happen. bility. If there are specific issues related to Passing the SHARE Act will protect 2nd in Washington, Wade Henderson. the California condor, I think we ought Amendment rights and help ensure that our Wade Henderson is the president and to address that, but these carte sporting traditions can continue for genera- CEO of the Leadership Conference on blanche one-size-fits-all efforts to say tions to come. Civil and Human Rights and the Lead- let’s ban lead across the spectrum in I call on all my colleagues to join me in sup- ership Conference Education Fund. He the shooting sports, for hunting, and porting this important legislation. announced he is going to be retiring for fishing doesn’t get at those root The Acting CHAIR. All time for gen- after 20 years as the head of that orga- issues and it creates unnecessary bur- eral debate has expired. nization at the end of this year. dens on folks who are using those in a Mr. WITTMAN. Mr. Chairman, I Wade Henderson has worked with Re- legal way and in a way that doesn’t af- move that the Committee do now rise. publicans and Democrats both to bring fect our fish and wildlife populations. The motion was agreed to. about change in our country. He was So I want to make sure that those Accordingly, the Committee rose; largely responsible for work on the re- things continue. and the Speaker pro tempore (Mr. authorization of the Voting Rights Act

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.062 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H930 CONGRESSIONAL RECORD — HOUSE February 25, 2016 when it passed and had been working veloping a backdoor key for an iPhone. civil servant and my friend, Represent- on trying to get it renewed in this Con- The software that the government is ative Bob Bryant, who died this morn- gress. He worked in a major way on the demanding does not exist. It would ing. Fair Sentencing Act that took away have to be created from scratch. Over his lifetime, Representative the disparity in crack and cocaine sen- The government wants the golden Bryant’s professional career included a tences that was wrongful. key to crack this phone. Such a key variety of services in different areas. Before he came to his position at the could be used to crack all other phones He began his career serving 2 years in Leadership Conference, he was active in the future. Giving a master key for South Vietnam and 10 years as an in the NAACP here in Washington, the government to access any phone of Army recruiter before retiring in 1982. where he was the bureau director, and any citizen at any time without their He then worked 5 years as general he worked on other issues with the knowledge violates the right of pri- manager for a local radio station, spent ACLU and other groups on civil and vacy. Americans’ constitutional right time as office manager to a local law human rights. of privacy is under attack by the spy- firm, and worked 13 years for the city When Wade Henderson came to the ing eyes of a powerful government. of Savannah, until he retired in 2001. Capitol, he was a voice of conscience. My legislation, H.R. 2233, End After 40 years of service to his commu- He and Hilary Shelton, together with Warrantless Surveillance of Americans nity, he was not done. He was elected the NAACP, are two of the most con- Act, specifically prohibits the govern- to the Georgia House of Representa- scientious men I know. They have ment from either mandating or re- tives in 2004 and was currently serving served this country well. I will miss questing that a backdoor key be in- his 12th year. him in his retirement. I appreciate the stalled in the private phones of citi- I will always remember Representa- remaining time he has. He is a foot sol- zens. tive Bryant, as he and I worked to- dier. I thank him for his service. Mr. Speaker, privacy must not be gether to pass our first pieces of legis- f sacrificed on the altar of temporary lation in the Georgia House over a dec- CONGRATULATIONS TO THE LIGO safety and false security. ade ago. I can truly say that he was be- TEAM And that is just the way it is. loved by his constituents and col- (Mr. NEWHOUSE asked and was f leagues alike. I am deeply saddened by the loss of my friend and colleague. given permission to address the House IN MEMORY OF OFFICER JASON I wish to extend my condolences to for 1 minute and to revise and extend MOSZER his family. He will be missed. his remarks.) (Mr. CRAMER asked and was given Mr. NEWHOUSE. Mr. Speaker, I rise f permission to address the House for 1 today to recognize the efforts behind minute.) b 1730 an incredible breakthrough in human- Mr. CRAMER. Mr. Speaker, I rise to ity’s understanding of the universe: the CARE FOR THE MENTALLY ILL pay tribute to a hero, Fargo police offi- first detection ever of the existence of cer Jason Moszer. The SPEAKER pro tempore (Mr. gravitational waves. ALKER While in the Army National Guard, W ). Under the Speaker’s an- Gravitational waves are invisible rip- he was deployed as a combat medic to nounced policy of January 6, 2015, the ples in the fabric of space-time. Albert Bosnia and Iraq. Officer Moszer joined gentleman from Pennsylvania (Mr. Einstein theorized their existence 100 the Fargo Police Department in 2009. MURPHY) is recognized for 60 minutes years ago as part of his theory of gen- In 2012, he and a fellow officer were as the designee of the majority leader. eral relativity. GENERAL LEAVE After more than a decade of work by awarded the department’s Silver Star Medal for rescuing two children from Mr. MURPHY of Pennsylvania. Mr. researchers at two identical observ- Speaker, I ask unanimous consent that atories—one in Livingston, Louisiana, an apartment fire. On the night of February 10, Officer all Members may have 5 legislative and another in Hanford, Washington, days within which to revise and extend located in my congressional district— Moszer responded to a domestic dis- turbance, putting himself in danger to their remarks. Einstein’s theory of the existence of The SPEAKER pro tempore. Is there gravitational waves has direct evidence help others, something he had done many times. On this night, however, objection to the request of the gen- as scientific fact. tleman from Pennsylvania? On February 11, the Laser Inter- gunshots were fired and a bullet struck There was no objection. ferometer Gravitational-Wave Observ- Officer Moszer, causing a fatal wound. Mr. MURPHY of Pennsylvania. Mr. atory, or LIGO, Scientific Collabora- He died the next afternoon, but not Speaker, let me start off with some so- tion officially confirmed that the before one last heroic act. It is re- bering news. I call it the body count. world’s most sensitive instruments at ported at least five people, ages 26 to Last year, 2015, in the United States, these observatories had detected gravi- 61, are being helped thanks to his do- there were 41,000 suicide deaths in this tational waves for the first time. The nated organs. country. There were 45,000 deaths from gravitational wave detected by LIGO’s I thank our U.S. Capitol Police offi- drug overdoses. Many of those folks team was the result of the collision of cers for their service to us every day. I suffered from depression. There were two black holes 1.3 billion years ago. especially thank Officer Andy Maybo, Congratulations to my constituents who traveled to Fargo to represent the an estimated 1,200 homicides by people and the entire LIGO team on their his- Capitol Police and the National Memo- who are seriously mentally ill. About toric discovery, which will continue to rial Committee, which he chairs. Andy half of all deadly police encounters oc- add to the scientific understanding of lent his expertise to the Fargo PD and curred with someone who is mentally the universe for generations. planners as they prepared for a fellow ill. officer’s funeral, an event that had not There is an unknown number of men- f occurred in Fargo in over 130 years. tally ill who died 25 years sooner be- THE FEDERAL GOVERNMENT’S God bless all the men and women cause they tend to die of chronic ill- BACKDOOR KEY TO THE IPHONE who wear the badge, and God bless the nesses. There is about one homeless (Mr. POE of Texas asked and was memory of Officer Jason Moszer. person per day in Los Angeles who dies. given permission to address the House f We know about 200,000 homeless people for 1 minute and to revise and extend in this country are mentally ill. IN MEMORY OF REPRESENTATIVE his remarks.) It is a sad case in any numbers. But Mr. POE of Texas. Mr. Speaker, Ben- BOB BRYANT if you add those numbers up, even the jamin Franklin said: ‘‘Those who would (Mr. CARTER of Georgia asked and most conservative version is that there give up essential liberty, to purchase a was given permission to address the were some 85,000 deaths last year re- little temporary safety, deserve neither House for 1 minute and to revise and lated to mental illness—and it is prob- liberty nor safety.’’ extend his remarks.) ably much higher—and more have died A Federal judge now has ordered that Mr. CARTER of Georgia. Mr. Speak- from mental illness-related problems Apple take an unprecedented step de- er, I rise today to remember a true than the total United States combat

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.063 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H931 deaths of the entire Korean War and Only 45 percent of Medicaid recipi- improvement. It means it would cost Vietnam Wars combined. ents with schizophrenia actually get less if we treated them. Delusions, hal- That is sobering, but it is worse. It is evidence-based care. Only 35 percent of lucinations, and other severe symp- worse because we could prevent a large those with a bipolar diagnosis who are toms increase the longer treatment is number of these mental illness prob- on Medicaid get evidence-based care. withheld. lems. We could save many of those Listen to this statistic. Ninety-two As far as the costs go, the cost of with mental illness from their early percent of low-income children and fos- schizophrenia alone far exceeds that of demise. We could save their families ter children are prescribed drugs off coronary artery disease. The mortality from suffering. But, unfortunately, the label—those are drugs that are not ap- rates of schizophrenia are far more Federal Government is the problem. proved by FDA—according to an HHS than breast cancer. Let me lay out this evening in this Inspector General’s report, and many The costs of serious mental illness in Special Order some of the particular of those prescriptions, according to the this country are about $55 billion in di- problems that we have. report, are done without clinical jus- rect costs and $70 billion in indirect In particular, for those who are low tification. costs, but there is also the added cost income, Medicaid itself is one of the The homeless with schizophrenia of emergency room care, added cost of biggest discriminators against people have a rate of hospitalization for com- primary care, and the cost of treating with mental illness getting treatment. plications of hypertension almost their other medical problems. First, consider this. Fifteen percent twice as high as others. Fifty percent The deinstitutionalization move in of Medicaid recipients have serious of individuals with schizophrenia are this country is associated with much mental illness. That is far more than noncompliant with treatment regimens higher suicide rates, such that, while the general population. Serious mental during their illness and don’t adhere to our country has made great strides in illness is things like schizophrenia, bi- medications. They need assistance in reducing mortality rates over the last polar illness, schizoaffective disorder, doing so. couple of decades in heart disease, auto and severe depression. Also, half of those with serious men- accidents, HIV/AIDS, stroke, and can- Thirty-one percent of those on SSI tal illness have at least two chronic cer, we have seen huge increases in sui- have serious mental illness. Twenty-six physical health conditions, such as cide rates and drug overdose deaths. percent of those with Social Security chronic pulmonary disease, infectious As a Nation, we should be ashamed of disability have serious mental illness. disease, cardiovascular disease, gastro- that. As a Congress, we should be In the general population, by the intestinal problems, and these people ashamed if we do nothing about this. way, there is only about 1 percent with are generally in poorer health. That requires a great deal of change on schizophrenia. About 2.6 of the general So what happens is that those with our part. That means we are going to serious mental illness and a number of population have been diagnosed as bi- have to do something to help people other clinical aspects have com- polar. with mental illness get treatment. Half are simply not compliant and So look at how much higher those promised physical symptoms and we don’t have a place to treat them. don’t adhere to their medication. They numbers are among the poor. That We used to have 550,000 psychiatric get worse. Their medical problems get makes sense. Because mentally ill peo- hospital beds in the 1950s. Now we have worse. The Medicaid bills get higher. ple are three times more likely to have less than 40,000. During that same time, Half of those with serious mental ill- low income as a result of their mental the population of the United States ness, as I said, have two or more chron- illness. Low-income individuals are climbed from 150 million to over 300 ic physical health conditions, and it three times more likely to have mental million today. gets worse for them. illness, many as a result of being poor. So where do people who have an There are several things we must do Poverty and homelessness are both acute mental health crisis go? Sadly, to treat this. Tonight we are going to associated with serious mental illness. whether it is acute or chronic, about hear from a number of Members of Con- Both are associated with inadequate 200,000 of our homeless are mentally ill. gress. First, my friend JIM MCDERMOTT primary care and preventative care. Twenty-eight percent of them get some of the State of Washington will speak. But here are some ways that Medicaid of their food out of a garbage can. We will talk about a number of the makes it harder for people with mental We also have a large portion of those issues before us and what we must do illness to get care. with mental illness filling our prisons. in Congress. First of all, there is a rule called the When we closed down those psychiatric I yield to the gentleman from Wash- same-day doctor rule. If you take hospitals, some got better. But, basi- ington (Mr. MCDERMOTT). someone to the doctor and the inter- cally, we traded the hospital bed for (Mr. MCDERMOTT asked and was nist or family physician is very con- the prison cot, a blanket over a subway given permission to revise and extend cerned that person has a mental ill- grate, an emergency room or a gurney his remarks.) ness, they are told they have to come or a slab in some morgue. Mr. MCDERMOTT. I want to first back another day before they can see The incarceration rate among the se- begin by acknowledging Congressman the psychiatrist. riously mentally ill is 16 percent of the MURPHY. He has taken on an extremely That is a serious problem. Because population. Some 60 percent of the in- difficult issue. It takes courage to when you have the warm handoff in the carcerated may have some level of bring that kind of issue to the floor of doctor’s office, you have 95 percent mental illness. the House. that will return versus less than half if And then what happens in the area of More than half a million Americans they have to come back another day. violence? Well, in general, people with with serious mental illness continue to And treatment is the key to getting mental illness are no more violent than fall through the cracks of a broken and better. the rest of the population. But when outdated system. There is a 16-bed rule from the Insti- untreated serious mental illness oc- As Congress begins the consideration tute of Mental Diseases which says curs, they are 16 times more likely to of how to address this national crisis, that, if the hospital has more than 16 be perpetrators of violence. it is important that we take some beds and you are between ages 22 and As I said before, there are over 1,000 stock of history. 64, we are not paying for it. homicides a year, and we have no idea Prior to the 1960s, commitment was The problem with that is that serious how many are victims of crime. Esti- based on a medical model where two mental illness tends to emerge in 50 mates are it is 6 to 10 times greater. physicians made a determination that percent of the cases by age 14 and in 75 What happens if a person with men- a patient needed treatment. I did that percent of the cases by age 24. tal illness is not treated? The longer a when I came out of the military in 1970 So at the very time when problems person waits for treatment for a psy- in Seattle. are emerging, the very time when chotic episode, the longer it takes a When the first attempt at com- someone may have their first serious person’s illness to come into remission. prehensive mental health reform began crisis that may require some inpatient That means it costs more. in the 1960s in California, it signaled a care, they are told there will be no For bipolar illness, the sooner a per- shift from the medical model to the room. son starts lithium, the greater their legal model.

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.065 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H932 CONGRESSIONAL RECORD — HOUSE February 25, 2016 Ronald Reagan had been elected Gov- Turn the clock forward to 1979. I was Many fear a return to the indetermi- ernor and was interested in reducing a jail psychiatrist in King County, nate confinement of people like in the the population in the mental hospitals which, in effect, was the second largest 1960s. I saw that in Chicago when I was in California. The result was the mental hospital in the State. I had in medical school. None of us want to Lanterman-Petris-Short Act in the over 200 patients who belonged in see that happen—not me, most of all. California State Assembly. treatment, not in jail. But certainly no one on this floor This act set a new standard, making This had a tremendous cost on our wants that to happen in this society. it increasingly difficult to obtain com- society. All across this country—and The balance between personal liberty mitment to a hospital. That standard Washington is no different than any- and the needs of a society is a chal- was that a patient must be suicidal, where else you go in this country—it lenging one to strike; but difficult as it homicidal, or gravely disabled. Gravely has a human cost as well as a financial may be, we have to rise to that chal- disabled means that they can’t take cost. lenge. That is why I commend Con- care of their basic needs. The average cost per year for a pris- gressman MURPHY for bringing it out I moved to California in 1968 shortly oner without mental illness in a jail is here and beginning the debate that after that bill was passed to serve as $22,000 a year. For a mentally ill pa- ought to go on in this society. the chief psychiatrist at the Long tient who is a prisoner, the cost is If a mentally ill person is a danger to Beach Naval Station, where I saw serv- more than double that, at $50,000 a themselves or others, there needs to be icemen and -women and their families. year. It costs 20 times more to im- an ability to commit that person long For the 2 years I was in California, I prison a mentally ill patient than to enough for the treatment to take ef- had almost no success in getting civil provide that same patient with treat- fect. We need to listen to those who commitment for people that I felt were ment. know the patient best. In many cases, suicidal. These statistics are deplorable, and it is not their doctor. I was overruled by State employees the process continues to remain in We often hear stories from families charged with the duty of evaluating place across this country. There are who have tried desperately to get the need for civil commitment. The some places that have done things on treatment for their loved ones, or from real pressure was so great on them and their own and made efforts to improve police officers who have tried des- the court system that it was nearly im- how they care for behavioral health pa- perately to get treatment for people. possible to get anyone into treatment tients. We, as doctors, can’t possible make the in a secure facility. The hospitals in In Dixon, Illinois, recently two young best assessment without hearing from the State were quickly emptied, and people died. It is a town of 20,000 peo- family, friends, and those who live with literally thousands of mentally dis- ple. The sheriff said: I am going to do patients and play an integral role in abled people went out on the streets. what they are doing in Gloucester, their lives. At the same time, in Congress, the Massachusetts, in the ANGEL pro- Giving patients and families the help mental health center movement was gram. they need will dramatically improve taking hold. The Community Mental He made the statement to the com- and even save lives. That is why we Health Act was signed into law in 1963. munity: Anybody who is addicted to need to work together, on a bipartisan The bill promised adequate funding heroin or opioids, come in. We won’t basis, on a bill that Mr. MURPHY has would go to mental health centers to arrest you. We won’t prosecute. We will brought out. effectively treat most of these patients treat you. Twenty seven people showed Is it a perfect bill? No, but it is a bill on an outpatient basis. up in that jail. from which we can work and reach an But things didn’t go as planned. The He said, amazingly, another thing agreement to try and help the needs of political reality resulted in insufficient happened. The jail was empty because our society. We have had enough mo- money going to the mental health sys- crime went down dramatically. Most of ments of silence on this floor. It is tem. This had a devastating effect and those people were out committing time to act. led to more patients wandering the crimes to buy drugs. streets in need of treatment. Mr. MURPHY of Pennsylvania. I When I finished my time in the mili- b 1745 thank Dr. MCDERMOTT. He has been, tary and went back to Washington Now, this program encouraged those really, a champion of mental health State, I went to the legislature and saw suffering from addiction to go to the issues in his career and on this bill as a similar movement was occurring in police, where they would be directed to well. my State. Remembering what had hap- drug rehabilitation and not prosecuted. I want to point out, the bill he is re- pened in California, I argued against Since then, many individuals have had ferring to is our Helping Families in changing that commitment standard, effective treatment. Mental Health Crisis Act, H.R. 2646. It but the majority ruled and a similar We need to treat addiction as a dis- is bipartisan. It has 183 cosponsors law was passed. ease state and not as a criminal offense today—50 Democrats, the rest Repub- As a result, we closed one of the or some moral failure. And the same is licans—because we all recognize that three mental hospitals in the State of true with mental illness. A comprehen- when you are dealing with someone Washington—Northern State Hos- sive mental health reform bill would go with mental illness, in the 40 years pital—with the assurance that the a long way to that effort. that I have practiced as a psychologist, money we saved from closing that hos- Now, out on the floor here, again and I have never once asked any of my pa- pital would go to the mental health again, we pause for a moment of si- tients what party they are. centers. We saved $11 million. $3 mil- lence. Some awful thing has happened We know that mental illness affects lion went to the mental health centers, someplace in this country, in my city, people regardless of gender or race or and $7 million or $8 million went else- in 25 cities across this country, and we age, certainly not by party. where. stand here for 1 minute and commemo- We also know, however, that getting As a result, the streets of the State rate the tragedy with a moment of si- care is tougher. Studies have said that of Washington began to see all kinds of lence. After that pause, we do nothing. if you are Black, your chances of get- homeless people laying on the street Virtually all mentally ill patients ting treatment for your mental illness and so forth. As a result, some of the are more likely to be victims of violent are even tougher. In fact, in Los Ange- most vulnerable patients were left crimes rather than perpetrators, and les County, 9.6 percent of the popu- without a support structure. we must recognize there are tragic sit- lation is Black, and yet they constitute Many became homeless or were im- uations that can be prevented with 31 percent of the L.A. County jail pris- prisoned. In the end, we simply re- treatment and early intervention. oners, and they have a lower likelihood placed hospital beds with prison beds, I understand—I have been involved in of getting psychiatric medication. as Congressman MURPHY has already this my whole professional life—that Although most crimes committed by pointed out. Right now there are 10 the most contentious issue is whether people with mental illness tend to be times more mentally ill patients in or not the society has a right to detain nonviolent, after they have repetitive jails and prison than in State hos- a citizen and treat them in the most incarcerations, they tend to serve four pitals. medically effective way. times longer sentences when they are

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.066 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H933 mentally ill than someone who is not. Mr. MURPHY of Pennsylvania. I with disabilities deserves no more than So that is what we mean when we say thank the gentleman so much for his what they are. We will leave it up to we have filled our prisons and we have kindness and his support for this legis- them. Under that approach, there are increased our costs with this. lation. no dreams; there are no aspirations; I yield to my friend, the gentleman As has been said, whenever one of there is no goal to be better that can from Arkansas (Mr. HILL), to also talk these tragic killings occur or when even exist. Indeed, to help a person about the things we need to do and our some tragedy occurs, we have our mo- heal is some head-on collision with this problems with mental illness. ment of silence, and then we do noth- bigoted belief we have that the se- Mr. HILL. Mr. Speaker, I thank Con- ing. verely mentally ill have no right to be gressman MURPHY for this time and for We have a chance to do something. better than they are, and we have no bringing this issue to the floor of the America demands it. I know that the obligation to help them. House. I thank my friend, Mr. overwhelming majority of Americans This is the corrupt evil of this hands- MCDERMOTT, from Washington, for his expect us to do something more than off approach and, in some cases, the views. talk about it, particularly when so antitreatment model and the things Congressman MURPHY’s bill opens a many family members are struggling. that we have lulled ourselves into, this bipartisan conversation on how best to As we closed many of these institu- somnolence where we become com- address the challenges that have been tions, what we ended up with is fami- fortable with crossing the street or facing mental health services and our lies themselves being the ones that are stepping over a homeless person, when citizens in this country for decades. being told, here’s your son, your we fear those, when we hear the title, President John Kennedy imple- daughter, your brother, your sister, the term, ‘‘mental illness.’’ It is this mented a groundbreaking, community- your mother or father; go take care of perversion of thought embedded in the based treatment model for individuals them. By the way, we are not going to glorification that to live a life of dete- with mental health illnesses. However, give you much information on them. rioration and paranoia and filth and in the decades following his service, We are not going to provide you much squalor and emotional torment trumps the Federal Government has missed op- support, unless that person, indeed, is a a healed brain and the true chance to portunity after opportunity to effec- danger to themselves or others. tively address the needs of Americans choose a better life. I have heard from many family mem- What a sad state of affairs our Nation with mental illness. Over the years, we bers that they have called the police has to become easy with that, and what have seen our prisons, our hospitals, when they have had troubles at home, a sad statement it is about this Con- and our homeless shelters bear the struggling. brunt of providing services for our Na- gress for taking so long to take action By the way, with mental illness, on this. I don’t know how we look our- tion’s mentally ill. when someone’s out of control, we call One-third of the homeless are men- selves in the mirror and continue to the police. With other illnesses, you tally ill, some 200,000. Sixteen percent delay this. call paramedics because we recognize of incarcerated Americans, some A number of my colleagues also feel that that is a disease that needs help, 300,000, have mental illness. And men- very strongly about this issue of men- like when someone is having a heart tal disorders are some of the most cost- tal health. I yield now to the gen- attack or something else. But with ly health conditions we face in our tleman from Louisiana (Mr. ABRAHAM) mental illness, out of our fear, out of country. to take a few minutes to talk about his As noted, many of our incidents of our stigma, or other things, we call the perspectives of what we need to do with mass violence have mental illness as a police, and the police are oftentimes mental health. factor. Now most States still rely on not fully trained to do this. Then we Mr. ABRAHAM. Mr. Speaker, I want the standard of imminent danger for tell the parents, well, good luck, and to first say thank you for Dr. Murphy’s commitment of mentally ill individ- take care of them. We are not going to persistence and determination for uals. This is, in part, a result of past give you much information. bringing this legislation to this point. Supreme Court decisions, most impor- That whole grand experiment of clos- It has been an act of love on his part, tantly, in 1975, O’Connor v. Donaldson, ing down the hospitals, which those and I greatly appreciate it. which has been used consciously many asylums needed to be closed down, but Dr. Murphy, also, great thanks for times to oppose involuntary commit- the stopping institutional care and your continued work with our men and ment and argue that committing indi- stopping all treatment, that whole women in uniform in the mental health viduals who are not imminently dan- process has actually shown more fail- field as you continue to do today. It is gerous to themselves or others is un- ures than successes, especially when we much appreciated. constitutional. have not provided community-based As a family doctor in rural Lou- Congressman MURPHY’s bill, the treatment. isiana, I have witnessed firsthand the Helping Families in Mental Health Cri- We provide treatment for so many hardships mental illness can put on sis Act, holds our Federal agencies ac- other diseases, but when it comes to families, individuals, and friends. I am countable and requires that our States mental illness, we fall far short. And sure every American has a story of how follow evidence-based practices that we somehow have this idea, this mis- someone that they know and love has have proven to reduce hospitalization, guided and self-centered and projected been affected by mental illness. It is homelessness, and violence. belief of our own, that people are at all not a partisan issue, as has been said This bill also provides alternatives to times fully capable of deciding their here just recently. institutionalization for Americans own fate and direction, regardless of Thankfully, the study and treatment with severe mental illness; and for their deficits and diseases, and that the of mental health has improved dra- those that need to be institutionalized, right to self-decay and self-destruction matically in the last 50 years, leading it requires States to include need-for- overrides the right to be healthy. to better outcomes and better lives. treatment commitment standards in But remember what I said earlier But, as our knowledge of mental health their civil commitment laws in order about people with severe mental illness improves, we must routinely ensure to remain eligible for certain Federal and having so many other chronic ill- that our government is keeping up. block grant programs. This will help nesses and somehow going into the It has been over 15 years since Con- clarify commitment standards for our slow-motion death spiral, we walk gress last passed comprehensive mental States and will ensure that we no right by and pretend that that is okay. health reform. During that time, the longer wait until it is too late to po- It is not, and it shouldn’t be. Somehow, size and authority of our Federal men- tentially commit dangerous individ- in so doing, we comfortably abdicate tal health bureaucracy has grown to uals and those who need help. our responsibility to action and live the point where the amount of coordi- It is important that we seize this op- under this perverse redefinition that nation required to function effectively portunity for future generations of the most compassionate compassion is is too immense. Americans, and I commend my col- to do nothing at all. How much has it grown? league for his leadership on this impor- It further bolsters those most evil of A recent report from the independent tant issue. prejudices we have that the person Government Accountability Office

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.067 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H934 CONGRESSIONAL RECORD — HOUSE February 25, 2016 found that there are now a total of 112 with evidence-based programs that we also know that, when we have these Federal programs intended to address work. very tragic events, that, at times, mental illness—112. As you can imag- I will elaborate more on these in a these are correlated with severe mental ine, the report also found that there is minute, but first I want to call upon illness without Federal support, with- serious fragmentation and lack of co- my friend, CHRIS GIBSON, from New out any support. So that is part of the ordination among these programs. York for a few minutes. calling for this evening. As history continues to prove time Mr. GIBSON. Mr. Speaker, I want to The American people want to know: and time again, when the size of bu- thank my friend and colleague, Dr. Is our Congress listening? We are lis- reaucracy increases, the effectiveness Murphy, for organizing this Special tening. That is part of the reason why decreases; but when mental health bu- Order, but also for his strong leader- Doc has organized this tonight to ex- reaucracy fails, it fails individuals, it ship in an area that is so important to press this to the American people, that fails families, and it fails communities. all Americans. I also want to thank we know this is a very important pri- Unfortunately, the President’s solu- him for his service to our Nation. ority. tion this year is to throw more money Indeed, I rise to give a voice for so I want to provide some overview of at the problem and increase the bu- many of my constituents who are call- some of the actions we have taken. reaucracy. His 2017 budget proposes to ing on this House to strengthen Fed- First of all, last year I was at the add $500 million in mandatory spending eral mental health policies. White House when the President of the I think this is important not only in to the same Federal programs that United States signed into law the Clay terms of these policy changes that we have been proven to be inefficient, un- Hunt suicide awareness and prevention are talking about this evening, but, coordinated, and inadequate. This is a bill. quite candidly, also about the mindset. shortsighted response to a long-term Corporal Clay Hunt was a great I think we need to think about this challenge. We must do more than American hero. He served our country issue area differently. very honorably and courageously in throw money at a problem and hope for Misconceptions out there, I hear this Iraq and Afghanistan and lost his life a solution. often from my constituents, how we to mental health disease. His family Congressman MURPHY’s Helping Fam- need to change the way that we think. has taken up the standard and are ilies in Mental Health Crisis Act has Too often we think of mental health as taken inventory of these Federal pro- a permanent state, that individuals are working really hard to move us for- grams. It refocuses the programs that either well or not well, when, in fact, ward on that. This bill that the President signed work and removes the ones that don’t, what we have learned is that, over the into law last year—a very bipartisan greatly increasing program coordina- course of our life, mental health is tion across the Federal Government. really a spectra. Sometimes we are bill—is going to help strengthen men- This is only one of the many reasons flourishing, and sometimes we are tal health support for our servicemen why I have cosponsored this com- challenged. and -women and our veterans. prehensive bill, and I welcome rigorous For me, this is certainly a personal Likewise, the James Zadroga 9/11 debate on this floor on the rest of the issue. My closest adviser is my beau- healthcare bill for our first responders bill’s merits. tiful wife, Mary Jo, who is a licensed also includes a provision in there that strengthens mental health. So we are b 1800 clinical social worker. I get the benefit of her counsel on a regular basis. supporting our veterans, and we are Finally, I thank again Dr. Murphy I also look to Dr. Murphy as some- supporting our first responders. These for his dedication and leadership on body who has spent over 40 years in are important bills that have been en- this mental health issue. The time, ef- this field. I also want to thank GRACE acted into law. fort, and attention to detail that he NAPOLITANO, who is also a leader of the We have also passed in this House an has put into this comprehensive reform Mental Health Caucus. I have worked important bill called the Female Vet- bill is what the American public should together with her as we push forward eran Suicide Prevention Act, and we expect from elected officials. I strongly these very important initiatives. are calling on the Senate to pick this encourage and support his efforts. I want to say that I do think we have up so that we can also send that to the Mr. MURPHY of Pennsylvania. made some progress. In a moment here, President. Thank you, Doctor. I appreciate your I will talk about some of the details of While we have made progress in some comments and your support for this that. I think that we are making some of these areas, we have much more to bill and, of course, your practice in the progress particularly with neuroses, do in so many other areas. I want to field and understanding our needs. anxiety, and to some degree, depres- talk about the Mental Health in A couple of points you made there I sion. Schools Act. want to elaborate on. You said that But, candidly, we are not making I think this is a very important and there are 112 Federal programs identi- progress at all with regard to policy certainly a challenging period in the fied scattered across 8 departments when it comes to very severe mental lives of Americans in the teenage years that deal with mental health. There health issues. In part, Dr. MCDERMOTT and so many emotions all going are 26 programs for the homeless. addressed this earlier. through. We need to provide support. But many of these programs have not We know that, in the 1960s and the What we have found in some pilot met since 2009, and according to the 1970s, there were a series of exposes, programs in New York is, when we General Accounting Office report, it is very severe issues that were going on have social workers in schools, this ab- uncoordinated. A patchwork quilt in our psychiatric hospitals. Con- solutely stems incidences of drug abuse would be a compliment because a sequent to that we went through a and crime because we are dealing with patchwork quilt is at least stitched to- process of deinstitutionalization. this in the area where we really need gether and our mental health approach But we have learned that, when we that support: mental health. is not. did this and put nothing in behind it— We have a bill that will address this Part of this bill is to create an office and I certainly can understand a lot of that will scale that, and I hope that we for the Assistant Secretary of Mental abuses that were going on and under- can get more support here in the Health and Substance Abuse Disorders. stood the need to take action to roll House. That doctor would then be charged back and to really make sure that we In addition to our teenagers, I also with meeting regularly with these pro- don’t have those abuses. have a bill that helps with our senior grams and agencies to get them to But what we have learned is that it citizens. It is a very simple bill. It basi- work together. was a mistake not to put policy in be- cally just adjusts Medicare so that, for Where there is unnecessary redun- hind that. We see this all the time. It seniors looking for counseling, they dancy, get them to merge. Where there has been mentioned already this will get that support. is exemplary programs, let’s expand it. evening, the issues with homelessness, Finally, of course, the bill that we But, above all, get treatment back to the issues with mass violence. are all rallying around tonight, H.R. the States and back to the commu- Inasmuch as we know most with very 2646, the Helping Families in Mental nities where they can do the most good severe mental illness are not violent, Health Crisis Act—I think we have

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.068 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H935 heard about some of the important di- clearly controversial. I have found over that you have sparked a very robust mensions of this bill. the course of 2 years that we have been conversation and that there are other I just want to highlight the fact that talking about this a willingness to en- bills that are moving forward. But I I think that this bill is going to help us gage in conversation and to be open to hope we can build on this to be able to with the very severely mentally ill, refinement because we are all seeking get across the finish line. particularly those suffering from psy- the same objectives. I look forward to continuing our con- chosis. One of the things that has just be- versation, whether it is here tonight, We have heard tonight how we have a come clearer and clearer to me is that in another evening, or with our col- shortage of inpatient care. We have got there needs to be stronger provisions to leagues, to make sure that we are to address this because, if we don’t ad- deal with assisted outpatient treat- doing what we should do to correct a dress it, we end up seeing it in the ment programs. We used to call it in- situation that is a national tragedy, penal system. That is absolutely the voluntary commitment. that is unnecessary, that is wasteful wrong approach to this, and it is cost- It strikes me that we would not have and inhumane. ing the taxpayers as well. a cancer patient just sort of cast loose Mr. MURPHY of Pennsylvania. I So, in addition to that, we see more on their own to sort of fend for them- thank the gentleman for his comments. coordination among agencies and sui- selves. I will add to that in the sense that about 10 people per hour die related to cide awareness and prevention pro- But we have some of the most vulner- mental illness, and it is probably much grams strengthened. able members of society, in many more than we know of. So, Mr. Speaker, I will close with cases, who are not capable of fully I thank you for your good counsel, this. This is a very important issue, comprehending the situation they are too. I may have been doing this 40 and the American people are counting in. years, but I have a lot to learn in the on us to take action. I think we have In fact, in some cases, part of the ill- field of mental health. got a series of bills that we can rally ness they suffer from is that they don’t I have learned a great deal from col- around—bipartisan bills—that will think that they are sick, that we make leagues and from people like Paul truly make a positive difference. it much more difficult than it should Gionfriddo of Mental Health America So let me end where I began and just be, in some cases, impossible, for peo- or the leaders of the American Psycho- thank Dr. MURPHY for his great leader- ple who care about them most to be logical Association, the American Psy- ship and call upon my colleagues to able to participate in treatment. chiatric Association, and from Fuller support his bill and these other bills as I appreciate your willingness to work Torrey. There is a whole host of names we move forward. with us to strike the balance. in this country who continue to write Mr. MURPHY of Pennsylvania. I I see this as part of a much larger about and talk about this and show us thank my friend from New York in his movement. In my community, we are research on this. ongoing support for these issues deal- finally opening a facility this fall to Osteopaths, physical therapists—you ing with mental illness. get people with mental problems out of name the field—and social workers are Now I would like to call upon my emergency rooms, where they actually out there talking about the problems friend from the State of Oregon, EARL can’t be treated. They can just be that we have with this. You are right. BLUMENAUER, who has been a great warehoused at, actually, great expense It is the most compassionate thing to champion on these issues as well. Many and risk to the employees in the emer- make some changes on this. times we have conversed about this. I gency room. I know one of my colleagues who is appreciate my friend’s guidance and I am convinced that, if we are able to also in the Energy and Commerce Com- support on this issue. work together to tease out the ex- mittee with me, SUSAN BROOKS, would I know your heart is in this and you penses—Dr. MCDERMOTT talked about like to comment on this as well and are dedicated to it. how incarcerating people and treating talk about our needs now, what we Mr. Speaker, I yield to Mr. BLU- them behind bars, where so many peo- need to do in mental health. MENAUER. ple with mental illness end up, is 20 Mrs. BROOKS of Indiana. I want to Mr. BLUMENAUER. I appreciate times more expensive than treatment. thank the gentleman from Pennsyl- your courtesy in permitting me to join Being able to hit that sweet spot, to vania, Dr. MURPHY, for introducing this you this evening, and I appreciate the be able to balance treatment, to be important legislation and arranging for conversation that we have had. able to have intervention with appro- this Special Order today. Dr. MCDERMOTT’s experience in the priate safeguards, to empower the fam- As I am sure it has already been stat- 1960s and 1970s really touched me. I ilies, and to be able to help people on a ed, one in five Americans struggle with started in my political career when I path to treatment like we would do mental illness. One in five. This is a was much smarter than I am now and with any other illness is very, very im- critical situation in the country, as we have just heard, a national tragedy. was part of the deinstitutionalization portant. That is why we must address it with movement in my State of Oregon, I would hope that we would be able to a comprehensive, community-based, where it was quite clear that we could continue this conversation. I hope that mental health care proposal like the provide better quality services that there will be other Special Orders one we are talking about here today, were less intrusive and more cost-effec- where we have a chance to involve peo- and we must do it in a bipartisan way. tive through a program of deinstitu- ple who want to explore and maybe re- So I am very pleased that we have tionalization. It made perfect sense on fine some of these elements, to be able colleagues from the other side of the paper. to answer questions about the nec- aisle here as well this evening talking What happened—and, luckily, karma essary protections and have the give- about it. intervened. I was a local official when and-take that sometimes is hard to do We have all seen the tragic headlines it hit full force. The commitments that when we are in sort of a formalized set- about people who lose their battle with had been made to help with medica- ting. mental illness and their families who tion, to help with housing, to help with I have appreciated your willingness are often powerless to help them or counseling, and to be able to provide to tackle tough issues, to be open to prevent them from harming themselves the support services weren’t ironclad suggestions, to be willing to engage or others. guarantees. others, but, most importantly, that According to researchers, about half It was easy for subsequent legislators this Congress not go home without of the people with schizophrenia and 40 to erode them, and people were out on having legislation to meet our respon- percent of people with bipolar disorder their own. This was a process that took sibilities to refine and focus our men- don’t believe they are mentally ill. place across the country, and we have tal health programs to get more out of These individuals have the right to seen the impact, as Dr. MCDERMOTT the resources that we have, to provide refuse therapy and medication, and mentioned. new tools for families, and I think under current law, their families are I really appreciate you sinking your build on a foundation. only able to intervene when their con- teeth in here to bring this forward. I think the bill that you have intro- dition becomes suicidal or extremely There are some elements that are duced is a great start. I am encouraged dangerous.

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.069 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H936 CONGRESSIONAL RECORD — HOUSE February 25, 2016 So in practical reality, my young people. I am so pleased that you have barrier which says you can’t see two adult children in their 20s, if they people. I am sure that you have talked doctors in the same day. We have to struggle with serious mental illness, I about all that is in the bill. empower parents to be part of the could be completely shut out from But I must say, I urge my colleagues treatment plan, because right now they their diagnosis and treatment, unable to join us in supporting this proposal. are still harnessed and kept away from to help them before their condition be- It does focus on the programs that will them. came completely debilitating. help families and patients. It will im- I yield to the gentleman from Cali- prove that connectivity between pri- fornia (Mr. LAMALFA) for some of his b 1815 mary care doctors, mental health pro- comments. As a mother, as a parent, this is fessionals, and the patients and fami- Mr. LAMALFA. Mr. Speaker, I thank heartbreaking. It is further evidence lies. It will help with the existing Dr. MURPHY. I really appreciate him that something has to change. We have shortage of in-patient psychiatric beds. holding this Special Order, his dedica- all talked to too many families, wheth- It will bring accountability to pro- tion, and his persistence in moving this er it is at ceremonies remembering grams like SAMHSA, to make sure issue along. It is very important be- their lives when they have taken their that their resources are being used in cause mental health is an issue that is lives or when they have overdosed. the most effective and consistent way getting more and more rampant in our That is too late. This bill is important for patients. communities. for all parents in America, the loved I just want to applaud Dr. MURPHY We really have some challenges in ones, the family members who des- and all of those who care deeply about northern California with it and the perately want to help but are unable to mental illness, because I don’t want to lack of available treatment. I just had do so. go to more of these ceremonies of fam- a doctor visit my office yesterday from But it is also important to every ily members who are remembering Siskiyou County who, had she had this American regardless of whether or not their family members who have died ability, had that county had these re- they have a personal connection to from suicide or who have died from an sources available in the way that your mental illness. It is critically impor- overdose. Thank you for your work. bill prescribes, tragedy would have tant when we look at our criminal jus- Mr. MURPHY of Pennsylvania. Mr. been prevented with an attempted sui- tice system. Speaker, I thank my friend, Mrs. cide and a suicide that actually hap- Sixty years ago—and I think we BROOKS. pened in that same family. It is really talked about this a little bit earlier— I might say that we have all heard inexcusable after a point that we are there was one psychiatric bed for every those stories from families. I am sure not able to channel the resources and 300 Americans. Fast-forward 50 years there are families watching tonight, have the effectiveness of the program later, that number has shrunk to one Mr. Speaker, who will consider con- that you are seeking. psychiatric bed for every 3,000 Ameri- tacting a Member of Congress and Previously, in Nevada County, Cali- cans. Today, it is even less. The people, share that story as well. Nothing is fornia, we witnessed a devastating as you have mentioned, who work in more painful than to hear the story of shooting at a nearby health clinic that our emergency rooms and in our crimi- a parent like you described, a night- took the lives of three individuals back nal justice system are paying the price. mare of a parent to be told that their in 2001. The shooter, who suffered from Those people who work there are pay- child has a problem and there is noth- mental illness, had repeatedly refused ing the price. ing the government will let them do treatment, despite his family’s best ef- The National Alliance on Mental Ill- about it. How difficult that must be. forts to get him help. This is where the ness estimates that between 25 and 40 While waiting for my other col- system, again, is broken. percent of people with mental illness league, DOUG LAMALFA, of California, Outdated laws leave individuals suf- will be jailed or incarcerated at some to come forward, I want to mention a fering with severe mental illness to time in their lives. I am a former couple of things on the bill that have fend for themselves, only to have inter- criminal defense attorney and a pros- been referenced. vention step in when it is too late. ecutor. I can tell you not with respect As I said before, the bill has an as- Does it really take an attempted sui- to treatment, but dealing with them, sistant secretary for substance abuse cide, does it really take a drug over- either if they had been arrested or if we and mental health disorders that would dose, to get attention, instead, when needed to prosecute them, I have seen organize the programs. It would drive people that have this and know about the statistics—and these are real peo- evidence-based care for programs such these triggers would be able to get ple. as response after an initial schizo- them the help they need with the right Our courts, jails, and prisons are full phrenic episode, assisted outpatient implementation? We need to break of people with mental illness. Most of treatment, and assertive community down those barriers and provide that them are not getting the treatment treatment, or programs like the Na- pathway. they need. In our State prisons and tional Child Traumatic Stress Net- The Assisted Outreach Treatment local jails, more than half of the work, which is an exceptional program. program, for example, helps patients women and three-quarters of the men It is a government-funded program and families experiencing severe men- have at least one mental health diag- that does exceptionally good, high- tal health issues to get the treatment nosis. In Federal prisons, about half of quality work. they need before a crisis occurs. Pa- all inmates, regardless of gender, We know that we have to build a tients are able to live at home and struggle with some form of mental ill- mental health workforce to take care meet their therapist on a regular basis ness. of our extreme doctor shortage. There while having access to lifesaving medi- We must reform the way we care for simply aren’t enough psychiatrists, cations. Success rates are testimony to and treat people with mental illness. psychologists, or clinical social work- the effectiveness of the program in We can’t rely on the prisons and jails ers. When we have 9,000 child and ado- terms of compassion and effectiveness. to serve as the de facto mental health lescent psychiatrists, we need 30,000. Again, in one of my counties, Nevada institutions that they have become, We have too few clinical psychologists County, where this program is in ef- and we must make families the partner and others who want to work with fect, hospitalization was reduced 46 to ensure that patients with serious those with serious mental illness. percent, incarceration reduced 65 per- and debilitating illness can maintain a As I said earlier, we have to fix the cent, homelessness reduced 61 percent, comprehensive regimen of care. shortage of mental health beds, places and emergency contacts and emer- I applaud the work of my colleague, that treat people who are in crisis, in- gency needs reduced 44 percent. Dr. MURPHY, the only psychologist stead of putting them in jail, sending Of the patients who entered the pro- serving in Congress, for his leadership them back on the street, or strapping gram overall, 90 percent said it made and for crafting the Helping Families them to a gurney in an emergency them more likely to keep their ap- in Mental Health Crisis Act, H.R. 2646. room, giving them a five-point tie- pointments and take their medication, I am not going to go through all of the down and some chemical sedative. We and 81 percent said it helped them get proposals because you have so many have to eliminate that same-day doctor well and stay well. This is what it is all

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.070 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H937 about: to give them hope and to put Assisted outpatient treatment is one long way towards doing that, and I them in the mainstream of society version; assertive community treat- commend you for that, Doctor. where they can function well and be ment is another one. We are making We can insist that everyone counts successful. Forty-nine percent fewer sure that we provide the wraparound and that everyone matters and that no abused alcohol, 48 percent fewer abused services for the mentally ill person in- one dealing with any form of illness drugs. stead of dumping them into jails and should ever feel ashamed. That is how Yet, instead of investing in programs leaving them there only to get worse. you bring real change to America. such as this, we continue to spend bil- And we want to advance early inter- Before I close, I want to note that lions on duplicative behavioral vention and prevention programs, the second leading cause of death wellness programs that allow far too where this bill establishes most of its among individuals 24 years or younger many Americans to fall through the funding there to make sure we have in this country, as the doctor well cracks. those programs. knows, is suicide. The 10th leading We have got to do more to care for I yield to the gentleman from New cause of death in this country for all our neighbors in this country. I rise York (Mr. KATKO), someone whom I adults is suicide. It is an epidemic. It is today in support, and I am proud to be have also gotten to know pretty well not treated as such in this country, and a cosponsor of the gentleman’s legisla- over this bill, with his own passion for it is high time that we do so. tion. We cannot stand by anymore and this issue as well. For every suicide in this country, allow the status quo because, as we Mr. KATKO. Mr. Speaker, I thank Dr. there are 12 suicide attempts. Think of know too well, the cost of inaction is MURPHY. the costs to our society. Think of the too high for those who suffer from it I rise today to talk about one of the costs and the burdens on families, the and for the families and the commu- most serious challenges facing our burdens on the health industry who nities. This is going to be very effec- country, and that is the mental health have to deal with this. We must do a tive in helping to channel that and issue. It is a problem that affects the better job, and we have to do a better having a success we can all be proud of. rich and the poor, old and young, em- job. Thank you for the time and for your ployed and unemployed. It can strike That is why I am proud in my dis- persistence. anyone. trict that soon after I was elected last Mr. MURPHY of Pennsylvania. Mr. For far too long, the issue of mental year, we formed a mental health task Speaker, I thank the gentleman for his health has stayed in the shadows in our force. We are enthusiastic about a lot support. country. If we want to directly face the of things and a lot of changes it is While waiting for my friend JOHN challenges that the American people going to bring about, but there is noth- KATKO of New York to come forward, I face in their everyday lives, we cannot want to reflect on how long it has ing we are more enthused about than allow the silence to continue. That is taken us to do this. this bill. What we used to do up through the why I so enthusiastically support your Doctor, I commend you for this. I 1800s is just throw people in jail. Then bill, Doctor. hope that we get this passed in the along came an activist by the name of A short time ago, I met with some of House, and I hope we get this bill mov- Dorothea Dix, who saw the abysmal my constituents in upstate New York ing once and for all. conditions in our prisons for the men- that were part of a drug treatment, Again, I commend you, Congressman tally ill, saw them chained to walls in education training, and rehabilitation MURPHY, for your steadfastness on this squalor and filth, beaten and abused. program. One of the individuals told issue. She spoke up to have institutions built me of his personal battle with mental Mr. MURPHY of Pennsylvania. Mr. that would be better respites for them. health. Speaker, how much time do I have re- Indeed, that took place for awhile, but About 10 years ago, his sister died of maining? then they became overcrowded, and cancer, and his marriage broke down The SPEAKER pro tempore. The gen- that was part of what we shut down. soon thereafter. He couldn’t sleep be- tleman from Pennsylvania has 2 min- As my other colleague talked about, cause of the trauma and stress, which utes remaining. Mr. BLUMENAUER mentioned that then led to anxiety and depression, and he Mr. MURPHY of Pennsylvania. I we thought, well, we have other out- didn’t know what to do. As he was yield to the gentleman from Indiana patient care for them. That promise doing yard work one day, someone he (Mr. BUCSHON). never came through. knew walked past and said he could Mr. BUCSHON. Mr. Speaker, I am This legislation would, as I men- provide something to help him sleep. It here to support Dr. MURPHY’s tremen- tioned before, allow us to have more was heroin. He tried it. Pretty soon he dous work in the area of mental illness. providers in psychology, psychiatry, was hooked, and his life was ravaged It shows that one person really can social work. It would also merge the for years and years. In fact, it took 7 make a difference. Dr. MURPHY is lead- mental health and substance abuse dol- years of him being pushed to the brink ing the charge for our country to lars to allow States to use both. We by drugs for him to seek help—7 years, change the way that we deal with our have got to be treating mental health 7 lost years. mental health programs. and substance abuse dollars, not to cut Six years later, he has found paid I have got direct experience with either one, but to make sure that a work, probably for the first time since this. I have a high school friend who person with substance abuse disorder his addiction. He told me that if we suffered from schizophrenia and even- and mental illness can be treated. lived in a culture where the trauma of tually lost her family as it is related to It would bring accountability of grief and the need to get help for men- that. I have had two high school spending Federal funds for grants. Our tal health problems were more clearly friends who suffered from severe de- bill would establish a national mental recognized, things could have been pression and ended up suicidal and sub- health policy lab within SAMHSA, much different for him. Just think how sequently did take their own lives. Substance Abuse and Mental Health much better it would have been for him This is critical legislation. With peo- Services Administration, and set sci- and think how much better it would ple like Dr. MURPHY working hard to entific objective outcome measures. have been for others in the country. get this done, we really can make a dif- It would also have an interagency se- The reality is that, for many people ference on behalf of people with severe rious mental illness coordinating com- today, mental health is a huge issue. mental illness in our country. mittee, which could coordinate the With the awareness of the mental I commend you, Dr. MURPHY, for the Federal spending in mental health and health issue increasing, I fervently strong work. Continue to push. I am make suggestions to the Assistant Sec- hope that the acceptance and under- hopeful we can get this through the retary’s office and to Congress and standing of the individual suffering House of Representatives this year. bring together government offices with from it will as well. Mr. MURPHY of Pennsylvania. Mr. experts in the field to develop reforms We cannot prevent all mental health Speaker, let me close with these state- in the mental health system. issues. There are no cures for all condi- ments. We want to have alternatives to in- tions. But we can help the culture With 60 million Americans out there stitutionalization and jail diversion. change in our country. This bill goes a with some form of mental illness this

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.072 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H938 CONGRESSIONAL RECORD — HOUSE February 25, 2016 year and 10 million or so with severe In Texas, then-Governor Rick Perry sham. Women deserve to make the mental illness, they all have families. I said: ‘‘The ideal world is one without choices that work for them. If that hope those families wake up and speak abortion. Until then, we will continue means having an abortion, they should up. I hope they contact their Member to pass laws to ensure that they are as be able to do it safely, without trav- of Congress. rare as possible.’’ eling hundreds of miles or without I know that mental illness can be One of the authors of the bill said waiting weeks to be seen. treated, but it cannot be treated if we that she was especially proud that My colleagues and I are here on the ignore it and it gets worse. I don’t want ‘‘Texas always takes the lead in trying floor tonight because we stand with the more tragedies here. I hate to wish any to turn back what started with Roe v. women in Texas, with the women in of these tragedies on my colleagues in Wade.’’ Louisiana, and with the women across Congress, but I know it will happen. We The first problem here is the same this country, women who want to make will be here again for moments of si- one we have dealt with over and over their own decisions about when, where, lence. We will have more Members that and over and over again, because Roe v. and how to make decisions that will face this suffering in their own families Wade isn’t something you turn back. It change their lives, women whose voices and in their communities, and we wasn’t an executive order. It wasn’t are seldom represented in the legisla- should not allow that. even a law passed by Congress. tive bodies, which are filled with men I hope that soon we can call forth It was a legal challenge 40 years ago who are ready to take away their H.R. 2646, the Helping Families in Men- that required the Supreme Court to rights. tal Health Crisis Act, because to delay consider whether or not women had the It is now my pleasure to yield to the it is to cause more harm, to deny it is right to make decisions about their illustrious Member from the State of to cause more death. Let’s finally do bodies. They decided and set a prece- Texas, someone who has been a con- something to help turn this problem dent that every woman in this Nation stant fighter for everyone’s rights, in- around with mental health in America. had the constitutional right to an cluding women’s rights, Congress- Mr. Speaker, I yield back the balance abortion. woman JACKSON LEE. of my time. What is more, the Court made it Ms. JACKSON LEE. I thank the dis- f clear that States cannot use laws to tinguished gentlewoman from New Jer- create an undue burden for women who sey, and I thank her for her leadership. b 1830 are seeking to exercise that right. The As well, I thank my colleagues who are WOMEN’S RIGHTS ARE HUMAN Court affirmed that decision once more here on the floor of the House who have RIGHTS in 1992. joined us. The SPEAKER pro tempore. Under Women in Texas now have firsthand Mr. Speaker, let me associate myself the Speaker’s announced policy of Jan- experience of what happens when with the comments by the gentle- uary 6, 2015, the gentlewoman from States ignore the Supreme Court. woman from New Jersey as they relate New Jersey (Mrs. WATSON COLEMAN) is From what I can see, there is no way to Louisiana. recognized for 60 minutes as the des- that the Texas law can be considered Let me be clear. As I stand here as a ignee of the minority leader. anything other than an undue burden, constituent of the State of Texas, as a GENERAL LEAVE which brings us to the second problem: Representative of the State of Texas, Mrs. WATSON COLEMAN. Mr. There is absolutely no logical, medical and as a woman who lives in Texas, Speaker, I ask unanimous consent that reason to suddenly require these clinics that Texas State Law HB2 has led to all Members have 5 legislative days to to meet the standards of a hospital. the closure of more than 20 abortion fa- revise and extend their remarks and to These laws are opposed by a host of cilities in the State, taking the total include extraneous material on the leading medical groups, including the number of providers down from 40 to 19, subject of my Special Order. American Medical Association and the its true purpose being to take away The SPEAKER pro tempore. Is there American College of Obstetricians and women’s rights to make their own objection to the request of the gentle- Gynecologists, professionals who know healthcare decisions. woman from New Jersey? better than anyone what kinds of skills It could not be more blatant, again, There was no objection. and resources should be necessary for to take away every woman’s right to Mrs. WATSON COLEMAN. Mr. an abortion, which is one of the safest choose. No one stands on this floor to- Speaker, next Tuesday the Supreme medical procedures out there. night to promote and coddle abortion, Court will take up Whole Woman’s I find it incredibly hard to believe but we do stand on the floor to protect Health v. Hellerstedt, which is a case that whole organizations of physicians a woman’s right to choose her health that challenges Texas’ outright offen- would oppose any of these laws if they and to protect her sacred right of mak- sive effort to strip women of their right really did make clinics safer, Mr. ing such decisions with her God, her to choose. Speaker, but I digress. family, and her physician. Last night the Fifth Circuit Court of In Texas, the full implementation of How do HB2 and other bills have the Appeals allowed a similar law to move the bill that is being challenged next right to interfere with that? forward in Louisiana, all but guaran- week would force more than 75 percent Let me also cite for you that a U.N. teeing the closure of three of four abor- of abortion clinics in that State to working group concluded that women tion clinics in that State unless the close. in the United States inexplicably lag Supreme Court intervenes there as In fact, with the limited implementa- behind international human rights. well. tion they have had to date, the number Pointing to data and research on The men who have passed these of clinics has been cut in half. If it is public and political representation, laws—to be very clear, the Texas State allowed to go into effect, only 10 clin- economic and social rights, and health Legislature is 80 percent male, and ics will remain to serve the 5.4 million and safety protections, experts in the Louisiana has just made it up from Texas women of reproductive age. U.N. working group boldly acknowl- dead last this year at 85 percent— What is even worse is that, while edged that there is a myth that women claimed that it would increase the these laws are being masqueraded as ef- in the United States already enjoy all medical accountability and safety of forts to make abortions safer, they are of the expected standards of rights and facilities that provide abortion. forcing more women down the dan- protections afforded under America. That is the new message, the new gerous path of attempting to end their Isn’t that shameful? Under America, veil, that covers these laws with the pregnancies on their own. we are still denied our rights. air of legitimacy: We want to make A study by the Texas Policy Evalua- The reality is women in the United your abortion safer. So every doctor tion Project found that women who re- States are experiencing continued dis- needs to have admitting privileges at a port barriers to abortion are more like- crimination and daunting disparities local hospital and every clinic needs to ly to self-induce an abortion, putting that prevent the true ability for them function like an emergency center. their lives at risk in the process. This to fully participate as equal members It sounds logical until you hear what sounds like 1955, not 2016. of society. the folks behind these laws have to say Mr. Speaker, these laws are an abso- We stand here this evening to ac- after the laws have passed. lute farce, and it is time to stop the knowledge one striking issue that will

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.072 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H939 be argued at the Supreme Court next Mr. Speaker, as I close, let me give Pointing to data and research on public and week, and that is this case—HB2—that an additional personal anecdote that political representation, economic and social has shut down clinics and has denied to has taken place in the State of Texas. rights, and health and safety protections, ex- women that any other access be open That is, of course, the masquerading of perts in the U.N. Working Group boldly ac- to them with this particular legisla- going into the Planned Parenthood of- knowledged that there is a myth that women tion. So we are advocating, as it goes fices that have provided these clinics in the United States already enjoy all of the to the Supreme Court, that this is an and that have provided health care to expected standards of rights and protections issue of human rights equals women’s college students and to those in rural afforded under America. rights. communities where there are no doc- The reality is women in the United States In America, we face a real problem of tors, OB/GYNs, or facilities to handle are experiencing continued discrimination and hypocrisy. Isn’t it interesting that we the medical needs of these women. daunting disparities that prevent the true ability say that we believe in the rights of Remember what I said. Women’s for them to fully participate as equal members families and in the sacredness of one’s rights are human rights, and human of society. religion and in one’s choice between rights are women’s rights, so said by One of the most alarming deficiencies for one’s family, doctor, and God, yet, then-First Lady Hillary Rodham Clin- women in America is the inability to access Danielle Deaver was denied an abortion ton. It is true today. basic health care and the imposition of dev- even as the uterus crushed the fetus. As I have shown in documents, the astating barriers to reproductive health and This family wanted children. This United Nations working group has rights. family wanted to be able to have this challenged whether or not we are pro- Too many women are suffering dire and child. Unfortunately, due to medical viding women the same rights in Amer- deadly consequences. reasons, this young lady needed to ica as men. That is a daunting question Between 1990 and 2013, the maternal mor- have this baby taken. She was 22 weeks and an unfortunate answer because the tality rate for women in the U.S. has increased pregnant. U.N. working group has said no. by 136%. The real crime is that this was not In the backdrop of this great discus- Black women are nearly 4 times more likely allowed to take place in a legal manner sion and of the Texas HB2, we had the to die in childbirth, and states with high pov- because just 1 month earlier Nebraska circumstances of people falsifying who erty rates have a 77% higher maternal mor- had enacted the Nation’s first fetal they were, stealing the ID of this per- tality rate. pain legislation that banned abortions son’s high school classmates and imi- Our global experts and allies acknowledge after 20 weeks. It is not one that she tating that he was looking for fetuses that even though women’s reproductive rights wanted. It is not one that she desired. for research. in America are constitutionally protected, ac- It was because of health care and Interestingly enough, all of them cess to reproductive health services are se- need and the fact that a tragedy had were calling for the indictment of the verely abridged by states imposition of sweep- happened to her and her family; yet, Planned Parenthood personnel. Yet, an ing barriers and restrictions. she was denied. Women’s rights equal unbiased grand jury in Texas did not For instance, in many states, women must human rights. With respect to the Texas case, the indict those innocent persons who were undergo unjustified and invasive medical pro- Supreme Court is scheduled next Tues- having a discussion about what was cedures; endure groundless waiting periods; day to hear the case of Whole Woman’s legal, but they indicted those who fal- be subjected to harassment, violence or other Health v. Hellerstedt, which will chal- sified their documents and tried to threatening conditions that remain constant lenge the Texas law that has stripped mislead people. throughout all reproductive health care clinics; thousands of women of access to their Again, this case will be argued in the and forced to forgo treatment or engage in constitutional right. backdrop of so many who are trying to lengthy and costly travel due to closure of clin- Whole Woman’s Health is the most undermine women’s rights. I will con- ics faced with burdensome licensing condi- consequential reproductive case in the tinue to work with my colleagues to tions. last two decades that challenges the find ways to address the illogical, un- These restrictions disproportionately dis- longstanding precedent of upholding a fair, and unjust disparity by reviewing criminate against poor women. woman’s constitutional right to access and responding to unwarranted restric- The United States can and should do better! to safe and legal abortion services. tions that result in the disparate ac- It is unacceptable that women in America It is not a supporting of abortion, but cess to these constitutionally pro- are facing a health care crisis so dire that the a supporting of the right to choose. It tected rights. global community is denouncing it as a human is protective of women’s health, of the One day I hope that we will learn and rights violation. life of the mother, and of the fact that have as our constitutional premise Sadly, the direction States are taking will you engage with your family, with that the Constitution works and that only further dismantle women’s access to af- your God, and with your physician. women’s rights are human rights. fordable and trustworthy reproductive Ever since the landmark Roe v. Wade Mr. Speaker, I thank the Gentlelady for healthcare. decision, which was affirmed again in yielding, and I commend the Progressive Cau- While clinics are shutting down at drastic 1992 in Planned Parenthood v. Casey, cus for standing firm in defense of our hard- rates throughout the country, devastating re- the U.S. Supreme Court has made clear fought women’s rights, which in truth, are con- strictions and barriers imposed throughout that women have a constitutional right stitutionally protected American rights. Texas strike at the core of this abomination. to safe, legal abortion care and that We face a real problem in America with hy- A Texas statute known as HB2 (House Bill States do not have a right to unduly pocrisy. 2), was enacted several years ago under false interfere. As a country founded on principles of lib- claims to promote women’s health, when in The Casey decision explained these erty, justice and equality, and a global leader fact it only set in motion dangerous restrictions matters involving the most intimate in formulating international human rights on women’s access to reproductive health and personal choices a person may standards, the United States fails to meet care. make in a lifetime, choices that are these basic standards for women who are de- In addition to constant attacks on funding for central to personal dignity and auton- nied equal access to legal rights and protec- reproductive health care clinics, abortion pro- omy and that are central to the liberty tions. viders in Texas were forced to undergo impos- protected by the 14th Amendment. The United Nations Working Group on Dis- sible million dollar renovations and upgrades. The so-called experts who testified in crimination against Women in Law and Prac- Denying hundreds of thousands of women favor of HB2 have been discredited by tice (U.N. Working Group) recently issued a health care services in Texas, nearly half of all multiple Federal courts and have been sobering statement and assessment detailing reproductive health care clinics were forced to exposed for submitting testimony writ- a picture of women’s missing rights in Amer- shut down, and now only 10 remain in the ten by an anti-abortion activist with ica. second largest state in the country. no medical training. Upon visiting several states throughout the Taking an important step toward restoring Texas’ HB2 has led to the closure of country, including my home state of Texas, the constitutional rights of millions of women, more than 20 abortion facilities in the the U.N. Working Group concluded that the Supreme Court recently granted certiorari State, taking the total number of pro- women in the United States inexplicably lag of Whole Woman’s Health v. Cole to decide viders down from 40 to 19. behind international human rights standards. the fate of these remaining clinics and the

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4634 Sfmt 9920 E:\CR\FM\K25FE7.074 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H940 CONGRESSIONAL RECORD — HOUSE February 25, 2016 lives of women in Texas, and throughout the to choose than it is for a person on the ter- minority communities, these clinics nation. rorist watch list to lawfully purchase and pos- serve as a primary healthcare provider. I am proud to say that I, and a number of sess firearms. The services they provide include birth my colleagues, signed on to a number of ami- At a minimum, I urge my colleagues to take control, STD testing, cervical cus briefs submitted to the Supreme Court, a hard look at our constitutional protections screenings, mammograms, counseling, detailing the hardship and injustice Whole and founding principles to resolve the growing and health education. Woman’s Health v. Cole presents. crisis and unacceptable conditions of inferiority It is crucial that we understand re- While we await the decision of the Supreme in America. productive rights and choice is not a Court, in Whole Woman’s Health v. Cole, we Mrs. WATSON COLEMAN. I thank women’s issue. It is a civil rights issue, can only hope that the court will help turn the the Congresswoman. and it is an American issue. tide of attacks and diminution on women’s Mr. Speaker, I yield to the gentleman In the City of Chicago, which I rep- rights. from Illinois (Mr. QUIGLEY). resent, women have widespread access No woman in America should be denied the Mr. QUIGLEY. Mr. Speaker, let me to reproductive health services. But dignity of being ability to make choices about thank Congresswoman WATSON COLE- women in neighboring States like Indi- her body and healthcare. MAN and my pro-choice colleagues for ana are often forced to cross State Access to safe, legal and unhindered inviting me to participate in this very lines to find a clinic where she can healthcare must be realized by all women. timely and important conversation. have a safe abortion. This reality is un- These simple facts can no longer be denied, As we await to hear the Supreme acceptable. Civil rights should not be and hypocrisy can no longer be tolerated. Court’s oral arguments next week in dependent upon your ZIP Code. A woman’s right to choose to have an abor- the case of Whole Woman’s Health, we The decision in Whole Woman’s tion is a constitutionally protected fundamental must reflect on not only the serious Health will ultimately hold national right. implications of this particular case, implications. As a man, I am proud to More than 40 years ago in the landmark de- but on the attacks on choice that have stand up for choice. As a male Member cision in Roe v. Wade, 410 U.S. 113, (1973), happened across the country this past of Congress, I take my responsibility to the U.S. Supreme Court ruled 7–2 that the year. protect choice for women very seri- right to privacy under the Due Process Clause The case against Whole Woman’s ously. Statistics show women’s economic of the 14th Amendment extends to a woman’s Health threatens to take the number of output is dramatically impacted for decision to have an abortion. clinics in Texas down from 19 to just 10 the better when they determine the More recently, in Planned Parenthood v. for the 5.4 million women of reproduc- Casey, 505 U.S. 833 (1992), the Supreme timing and spacing of their preg- tive age in Texas. nancies. When she is able to plan preg- Court upheld Roe v. Wade and further ex- It will also set a legal precedent for plained that states could not enact medically nancy, a woman is more likely to ad- years to come—perhaps decades—and it vance in education and the workforce. unnecessary regulations meant to create sub- will shape the continued debate on a Conversely, unplanned pregnancies too stantial obstacles for women seeking abortion woman’s right to choose. often force women to leave school and services. b 1845 to delay or abandon career ambitions Yet, fairness and access to exercise con- outright in order to care for children stitutionally protected fundamental rights is Clearly, this unacceptable assault on before they are ready and with limited trampled on and denied to millions of women. women’s health places an undue burden on the women of Texas when accessing support and resources. We cannot ignore the hypocrisy of imbal- In order for our society to ever truly anced protection and access to fundamentally abortion and family planning services. I was proud to sign onto the Amicus be equal, women must have control of protected rights for women in America when it their bodies and determine with their brief with 162 congressional colleagues is easier to purchase and lawfully possess a partner if and when they want to have in support of Whole Woman’s Health. firearm—even for a person on the terrorist children. Here in Congress, most of us This case, in particular, is a high pro- watch list—than it is for a woman to exercise were afforded the right to plan our file and extreme example of the at- her constitutional right to terminate a preg- families. Should we deny this right to tacks that are becoming all too com- nancy. the constituents we serve? Mr. Speaker, this is neither fair nor right and mon across the United States. The future of millions of young it should not be rewarded. While abortion still remains legal in women depend on the decision to be As our nation continues to push back the years since Roe v. Wade, opponents handed down in cases like Whole Wom- against horrific acts of violence at the hands of of choice have attempted with varying an’s Health, and it is my sincere hope dangerous and irresponsible gun owners and degrees of success to chip away at a that the Court remains consistent in gun dealers, and our nation’s number one pro- woman’s right to choose, this despite recognizing a woman’s right to privacy vider of women’s healthcare continues to ex- the fact that abortions are at their and protects her right to make her own perience violent and devastating attacks on its lowest rates since Roe. choices about her health. services and facilities, it is time we find com- Last year, we saw ideological attacks Mrs. WATSON COLEMAN. Mr. mon ground as we look to resolve these polar- against Planned Parenthood from anti- Speaker, I yield to the gentlewoman izing issues that have all too often collided. choice activists attempting to mire the from Washington (Ms. DELBENE), who A woman’s right to choose to have an abor- organization in scandal and force its is a member of the select panel that tion and an individual’s right to possess a fire- closing. Those attacks stemmed from will undoubtedly be examining some of arm are both constitutionally protected funda- the illegally obtained and questionably these issues. mental rights. edited so-called sting videos filmed by Ms. DELBENE. Mr. Speaker, I thank I will be working with my colleagues to find these same anti-choice activists. the gentlewoman from New Jersey for ways to address this illogical, unfair and unjust Unsurprisingly, Planned Parenthood yielding. disparity by reviewing and responding to un- has been cleared of any wrongdoing in Mr. Speaker, 43 years ago, the Su- warranted restrictions that result in disparate every State that has conducted an in- preme Court ruled that women have a access to these constitutionally protected vestigation. And to top it off, a grand constitutional right to decide whether rights. jury in Missouri has indicted those re- and when to have a child. Americans Namely, if a woman is required to wait sev- sponsible for filming the videos. It goes overwhelmingly think that was the eral days, undergo a physical examination, re- to show this campaign against Planned right decision, and I agree. ceive counseling and education about alter- Parenthood has been nothing less than But according to Bloomberg, at no native options before making the decision to a fraud. time since 1973 has a woman’s access to terminate a pregnancy, an individual pur- While I fundamentally support a reproductive health care been more de- chasing a deadly weapon should be required woman’s right to choose, it is impor- pendent on her income or ZIP Code. to jump through the same restrictive hoops tant to point out that the clinics Politicians across the country are pass- and apparent safety measures. forced to close in Texas and across the ing dangerous laws to block women I hope one day we can come to an agree- U.S. serve women in ways far beyond from exercising their constitutionally ment in America that it should not be harder providing safe abortions. In many protected right to choose, and their ef- for a woman to exercise her fundamental right cases, especially for low income and forts are working.

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A25FE7.031 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H941 That is why the case before the Su- by hospitals, and it also limits abor- tacked on several fronts, whether it is preme Court is so important. As the tions to ambulatory surgical centers. on cases that are being brought before Justices weigh the Whole Woman’s These measures are designed to reduce courts or whether it is in this House. Health case, I hope they recognize that or even eliminate, in some cir- We have got to recognize that this de- these shameful attacks undermine Roe cumstances, access to abortion serv- cision, the decision for a woman to v. Wade, put women’s health at risk, ices. Although there are arguments make with regard to her reproductive and must be struck down. A woman’s made that these are medically nec- rights, have already been established. right to make her own healthcare deci- essary or they are, in fact, intended to And we as Congress and we as a society sions means nothing without the abil- improve women’s health, Nancy of lawmakers and policymakers need ity to exercise that right. Northup, who is the president of the to do all that we can to facilitate those If the Court upholds these harmful Center for Reproductive Rights, said it rights to ensure that we do not dis- laws, it could pave the way for similar best when she said, the ‘‘laws . . . pre- criminate against people. To discrimi- restrictions at the Federal level, and tend to be about women’s health but nate against women in this regard is il- Republicans are already trying. We actually are designed to close clinics.’’ legal, and it is unacceptable. cannot let that happen. And that is exactly what they intend It is time for us to recognize our re- Women deserve better. They deserve to do. sponsibility to be stewards of the laws the freedom to make their own These regulations and requirements which have been put before us and to healthcare choices. are very disputed medical value. There uphold the Constitution that we have Mrs. WATSON COLEMAN. Mr. are things like limits on nonsurgical pledged to support and to uphold and Speaker, I yield to the gentleman from drug-induced abortions, mandated to recognize that the abridgement of a Rhode Island (Mr. CICILLINE). building standards for clinics, or 2- or woman’s right is the abridgement of a Mr. CICILLINE. Mr. Speaker, I thank 3-day waiting periods. All of these civil right, and that is unacceptable. the gentlewoman from New Jersey for things are intended to infringe upon a Mr. Speaker, I yield back the balance leading this Special Order hour on this woman’s right to choose and to make of my time. very important issue. it more difficult for women to access f As my colleagues have mentioned, full reproductive health care. GUANTANAMO BAY the Supreme Court is scheduled to hear We all have responsibility in the Con- Whole Woman’s Health v. Hellerstedt gress to stand up against this. I am The SPEAKER pro tempore (Mr. next Tuesday, challenging HB2, a proud to join my colleagues tonight to KATKO). Under the Speaker’s an- Texas law that has already led to the say that we will continue to fight to nounced policy of January 6, 2015, the closing of more than 20 abortion pro- ensure that women have access to all Chair recognizes the gentleman from viders in the State. of the reproductive health care they Pennsylvania (Mr. PERRY) for 30 min- Now, this is just the most recent ex- need and that we will resist any effort utes. ample of the attack which is underway to infringe upon this important con- GENERAL LEAVE all across this country on women’s stitutional protection. Mr. PERRY. Mr. Speaker, I ask unan- health, not just in the State of Texas, Mrs. WATSON COLEMAN. Mr. imous consent that all Members may but in many other places around our Speaker, I yield to the gentlewoman have 5 legislative days in which to re- country. As was just mentioned, politi- from North Carolina (Ms. ADAMS). vise and extend their remarks and in- cians are passing laws and enacting Ms. ADAMS. Mr. Speaker, I thank clude extraneous materials on the regulations to deny women full repro- the gentlewoman from New Jersey for topic of this Special Order. ductive health care. her leadership. The SPEAKER pro tempore. Is there In fact, just last Sunday, Ohio Gov- It frightens me that in 2016, we are objection to the request of the gen- ernor John Kasich signed a law still fighting the same politically moti- tleman from Pennsylvania? defunding Planned Parenthood. During vated battles to roll back women’s There was no objection. his time in office, half of Ohio’s abor- rights. It has been 43 years since the Mr. PERRY. Mr. Speaker, the safety tion clinics have closed. landmark Supreme Court decision in of Americans, the security of America, One in three women will have to Roe v. Wade made abortion a constitu- should never be jeopardized for any make a decision in their lifetime if an tional right. reason, but certainly not simply for abortion is the right decision for them. Year after year, GOP lawmakers and the purpose of fulfilling a campaign I am very proud to be a member of the anti-choice extremists have tried to pledge. Pro-Choice Caucus in the Congress. I tear it down. States like Texas have The President recently released a know this is an extremely personal de- passed egregious laws to disenfranchise plan about closing Guantanamo Bay, cision for women, a decision that women and infringe on their ability to and it demonstrates to me—and I think should be made between a woman and access safe and legal abortions. to the American people—that his plan her physician, and a decision the gov- Their State law has cut the number is misguided, as well as his priorities. ernment has no right to intrude upon, of abortion providers in Texas in half, The proposal to close Guantanamo a constitutionally protected right as increasing delays and severely limiting proves that his priority lies in leaving established in our law. It is absolutely access and, frankly, punishing women behind a legacy rather than protecting critical that women in every part of for exercising their civil liberties. the American people and American na- this country have access to full repro- This obvious war on women has got tional security. As a matter of fact, it ductive health care, including safe to stop. No law should control a wom- presents nothing more than another at- abortion services. an’s right to make decisions about her tempt to fulfill a campaign promise If the Court upholds Whole Woman’s own body—no government, no legisla- and distracts, based on the timing, Health v. Hellerstedt, there will be ture, no Congress. A woman’s personal from the administration’s failure to de- only ten clinics available to the women decision should be between her and her feat ISIS. in the State of Texas. Some would have doctor and nobody else. Every woman Perhaps it explains why the adminis- to travel 71⁄2 hours roundtrip to get the deserves equal access to all forms of tration missed a separate congression- health care that they need. safe and affordable reproductive ally mandated deadline last week for a This is settled law in our country. health. plan to counter radical Islamic extre- The Court addressed this issue in Roe As the Supreme Court prepares to mism. So he missed that deadline but v. Wade and again in Planned Parent- hear this case, I will continue to stand was on time for an incomplete plan to hood v. Casey. It reminds us of the im- with women in North Carolina and close Guantanamo and the detention portance of the decision that our Su- women across the country in the fight facility for terrorists that remains on preme Court will make in connection to protect a woman’s right to choose. that post. with this case that they will hear on Mrs. WATSON COLEMAN. Mr. Now, Congress is a coequal branch of Tuesday. Speaker, we thank you for this oppor- government. It is coequal to the Presi- Doctors are being required, under tunity to raise what is a very impor- dent, equal in power, equal in represen- Texas provisions, to affiliate with near- tant issue in 2016. Women are being at- tation of America’s interests, and it

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.076 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H942 CONGRESSIONAL RECORD — HOUSE February 25, 2016 has come to a different conclusion than While it is expensive, let’s compare year, reaffirmed restrictions on trans- the President. We have absolutely the cost, the immediate impact of not ferring these detainees to American strong and justified reasons for our having these terrorists in prison. soil. concern. The 9/11 attacks cost our country As a matter of fact, the provisions of Mr. Speaker, last September, the Di- over $230 billion initially. So we are this were first included in the annual rector of National Intelligence re- looking at $140 million to $180 million National Defense Authorization Act, ported that 30 percent of transfer de- annually to $230 billion initially, and the NDAA, in a Democrat-led Congress tainees are confirmed or suspected to that doesn’t include the damage made in 2009. So it is not partisan. In fact, be reengaging in terrorist activities. to the airline industry or the addi- the most recent NDAA passed with the Thirty percent. They are not nec- tional costs that our whole country has same provisions with 370 votes in the essarily in some prison overseas; 30 had to endure due to increased secu- House and 91 votes in the Senate before percent of them are out running rity, whether it is at the airport, once again the President signed the around conducting terrorist activities. whether it is at the grocery store, or law himself. He is simply attempting The director’s report clearly shows whether it is in your home. And it cer- to make this a partisan issue by seek- that the detainee transfer process is tainly doesn’t include the cost to our ing to contradict the will of the Amer- deeply flawed. It poses a real, signifi- freedoms. ican people through their duly elected cant, unnecessary, and unacceptable The President’s proposal fails to pro- representatives. risk to the security of our Nation. vide the critical details required by Ultimately, the plan is simply not Just this week, Spanish and Moroc- law, the law that he signed. His pro- safe. The American people don’t want can police arrested four members of a posal failed to provide critical details, GTMO terrorists in their communities, jihadi cell that sought to recruit for including the exact cost and the loca- in their backyard, and for good reason. ISIS fighters, including one former tion of an alternate facility. Where These terrorists should be tried. They Guantanamo detainee who once fought does he want to put it and how much should be tried under the military tri- against Americans in Afghanistan. I does it cost? These are required by law, bunal provisions already laid out in the mean, that is this week. I guess he is and he hasn’t enumerated them. Yet he $10 million-plus courtroom facility part of the 30 percent or maybe it is 30- has had 7 years. This is a campaign that the taxpayers already paid for. point something now, and I suspect it pledge. He has had 7 years to come up Many of us have visited it. It is sitting will just keep going up the more we re- with this information. Somehow this is right there on the post. We are waiting lease. Congress’ fault? I don’t think so. He is for these detainees to go to that court- The President claims that Guanta- just simply unwilling or unable to room that we paid for and be tried. namo, GTMO, weakens our national se- state where he is going to keep these That is fine with us. That is fine with curity by furthering the recruiting dangerous terrorists that are currently Members of Congress, and that is fine propaganda of Islamist terrorist at Guantanamo Bay in Cuba. with the American people. We don’t groups, essentially saying we can’t Common sense tells us that the ad- need to bring them to America to do keep these people in prison because it ministration is simply avoiding fueling that. Congress is going to uphold its makes the terrorists mad and it makes a political outcry when he specifies promise that any plan that seeks to them want to do more terrorist things. where these individuals are going to be transfer these dangerous war criminals held, because where he has even im- b 1900 does not happen. plied where they are going to be held, I yield to the gentleman from Texas I guess we shouldn’t put gang mem- there has been a significant outcry, (Mr. WEBER), my good friend. bers in prison either, because their and it has been bipartisan. Mr. WEBER of Texas. I thank the gang buddies would then be mad and Citizens of the United States don’t gentleman from Pennsylvania (Mr. want to conduct more gang activities want these terrorists in their neighbor- PERRY), my colleague, for organizing in their communities. Now, based on hood. They don’t want them in their this Special Order. that logic, we should let all these peo- town. They don’t want to be around Mr. Speaker, it is absolutely impor- ple out. them. That is exactly what the prob- tant that the American people need to Al Qaeda has waged war against the lem is with his proposal. The plan is learn about the President’s proposal United States long before Guantanamo, just more politics and not any sub- and what impact it is going to have on long before the detention facility was stance. It fails to satisfy the require- our country. constructed in Cuba; right? It didn’t ments mandated by Congress in the Folks, closing GTMO and transfer- exist when the World Trade Center was law that he, himself, signed. ring these dangerous terrorists to first bombed in 1993, when the U.S. Em- You might ask who is still at GTMO. United States soil is a terrible and an bassies in East Africa and Tanzania I mean, it has been years now going on. illogical idea. Instead of putting Amer- and Kenya were bombed in 1998. It Who is still there? I want to remind ev- ica first, the President once again con- didn’t exist when the USS Cole was at- erybody, Mr. Speaker, Khalid Sheikh tinues to weaken our national security tacked in 2000, and it certainly didn’t Mohammed, the mastermind of 9/11, by pursuing decisions apparently exist on 9/11 when Islamists attacked the terrorist attacks on the World geared toward solidifying some form of our country. Trade Center, the Pentagon, and the his legacy. I am just not sure who he is Islamist terror organizations have hijacking of United Airlines flight 93, trying to impress here. been and will be at war with Western that is who is there. Did you know that as many as one in culture regardless of whether GTMO Or Mustafa Ahmed Hawsawi, who three—the gentleman from Pennsyl- remains open or is closed. Of that, you supported al Qaeda’s terrorist network vania said 30 percent and rising; with can be sure. as a facilitator, financial manager, and the latest figures I have, 33 percent— The President claims cost savings. media committee member. This sup- one in three former GTMO detainees His plan, he says, to move or transfer port included the movement and fund- have returned or are suspected of re- detainees abroad and to the U.S. would ing of 9/11 hijackers to the U.S. to par- turning to terrorist organizations? One lower costs between $140 million and ticipate in terrorist attacks orches- in three, Mr. Speaker. In baseball, that $180 million annually, which is abso- trated by Khalid Sheikh Mohammed. is a .333 batting average. That is good lutely nothing to sneeze at. I will let He is affiliated with a number of high- enough to get you into the Hall of everybody know: I had a hearing today level al Qaeda operatives. That is who Fame in many instances. in Homeland Security where they wast- is in that prison. Do you want him in Speaking of Hall of Famers, Mr. ed $180 million on human resources your neighborhood? Do you want them Speaker, the most infamous former programs—that is $180 million gone— in your neighborhood? GTMO detainee, one of their hall of and 300-some-odd-million dollars for It is against the law to transfer these famers, if you will, is Ibrahim al Qosi, employees at the Department of Home- terrorist detainees to American soil. It once the cook for none other than land Security that are home on leave is against the law. The President Osama bin Laden himself. because of doing something improper, signed this law. A bipartisan majority Al Qosi pled guilty to charges of con- while they adjudicate the issue. in Congress has, year after year after spiracy and providing material support

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.078 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H943 to al Qaeda. Al Qosi was transferred I guess Mr. Kerry in seven simple soil was actually put in by a Demo- from GTMO to Sudan, his home coun- words probably dismantled the Presi- cratic Congress and passed in bipar- try, after 2 years. Well, since his re- dent’s argument about why it was a tisan fashion ever since. It was further lease, he has become an influential good idea, maybe unwittingly, maybe reaffirmed in last year’s NDAA. It is leader within—you guessed it—al unknowingly. But when it was pointed against the law for the President to Qaeda in Yemen. out to him that that terrorist was back transfer detainees—I am going to stop What was the President thinking on the battlefield seeking to destroy using the word ‘‘detainees’’—terrorists. would happen? Well, the President’s Americans and kill Americans again, It is against the law for a President of plan includes ‘‘transferring the bulk of Mr. Kerry’s simple response was: ‘‘Well the United States to transfer terrorists remaining detainees to other countries . . . he’s not supposed to be doing from Guantanamo Bay to the United and moving the rest because they are that.’’ States, to our soil. deemed too dangerous to transfer Mr. Speaker, you can’t make this b 1915 abroad to an as yet undetermined de- stuff up. tention facility in the United States.’’ I want to thank the gentleman for That is in the law. It has been in the Mr. Speaker, a recent poll from Ras- yielding to me. law since the Democrats controlled mussen confirms that the majority—56 Mr. PERRY. I thank my good friend this body. We just reaffirmed it this percent, in fact—of the American peo- from Texas and agree with him that 30 year. This isn’t a Republican or Demo- ple widely disapprove of the President’s percent is way too high. One is too cratic issue. It is bipartisan. It is irresponsible plan to close GTMO. For many, but 30 percent is way—way too against the law. Now, I visited GTMO. When I was a those who side with the President’s high. freshman in Congress 5 years ago, I plan and attempt to rationalize the I yield to my good friend from South went down there to see it for myself. fact that these dangerous and deadly Carolina (Mr. DUNCAN). terrorists will be in supermax facili- Mr. DUNCAN of South Carolina. I Some of the biggest names on the ter- ties, let us not forget about the prison want to thank the gentleman from rorist roster are located there due to break that happened in one of those fa- Pennsylvania for his leadership on this the brave efforts of our men and cilities in New York just last year. issue. We both are on the Committee women in combat to capture these The two men who escaped weren’t on Homeland Security, so we are acute- guys on the battlefield. We have released a lot of them. Thir- masterminds. They weren’t terrorists ly aware of some of the terrorist dan- ty percent, as you heard the gentleman of the first order like these guys are. gers that are out there because we hear from Texas say, of the terrorists that Can you imagine what masterminds it in a lot of committee meetings, clas- we have released have returned to ter- who plot terror, who love death and vi- sified briefings, and other things. rorism or we suspect they have return olence almost as much if not more Mr. Speaker, it is time that Congress than we love life and liberty, can you to terrorism. That is based on intel. act proactively against a President Thirty percent is a large number of imagine what these masterminds of who holds a personal legacy above the terrorism could do? Who knows how the number that we have released. law. Law does not bend to legacy. Law Whether it is South Carolina, Colorado, much help they could get from the out- is obeyed, respected, and even honored side, what their hall of famers could Kansas, or any other State, no State for the order it brings to our Nation. should be a terrorist dumping ground help them do. Disturbingly, this principle of our Mr. Speaker, I am not willing to find for this administration. Founders seems to be at odds with a out what they can do with the aid of So let’s follow the law. Let’s follow growing segment of politicians. That is their hall of famers on the outside, and the law passed in a bipartisan manner why I introduced House Resolution 617. I don’t think the American public is through the United States Congress. House Resolution 617 gives authority willing to find out, either. Fortunately, Let’s force the President to follow the to the Speaker of the House to initiate as the gentleman from Pennsylvania law. said, Congress has already taken pre- litigation against any executive branch Because, if he doesn’t, let’s pass H.R. ventive measures by including lan- official should they file an illegal order 1617 and give the Speaker of the House guage in the recent National Defense by transferring detainees to U.S. soil. the legal grounds and the authority to Authorization Act, the NDAA, that This commonsense approach provides a file a lawsuit to put an injunction in would bar Guantanamo detainees from constitutional check on the President. place to keep him from violating the being transferred to the United States, Now, whether in Charleston, Colo- law, violating a law, by the way, that and the President signed this legisla- rado, or Kansas, he should not bring he signed. tion into law. American families, neighbors, and Mr. PERRY. I think sometimes it For the President to close GTMO, communities into close proximity with seems like the President would like current law must be changed. Oh, I for- some of the most dangerous terrorists Americans to be more concerned with get. He doesn’t seem to be hampered by in the world. the rights of terrorists than their own the idea of current law. New legislation Unfortunately, the President has for- rights. would have to be written, Mr. Speaker. gotten about the people. He has forgot- I wonder about and think about all It would have to be approved by Con- ten that they don’t travel in armored those MPs, all those members of the gress and sent to the President’s desk motorcades. They have no security de- services that go down and do a tour at again. Let me just tell you: I, for one, tails guarding their every step, looking Guantanamo and have horrific things will not support any measure that will around every corner. happen to them and still act profes- allow these dangerous terrorists to be I know my constituents are fearful of sionally in the face of these terrorists transferred to the United States. this proposal by the President because every single day. That is who we America and Americans are far too pre- the folks in Charleston, South Caro- should be thinking about, those people cious to take this kind of risk. lina, have been fearful. The Navy brig and the American people and their I want to thank the gentleman from the President is proposing to bring rights. Pennsylvania (Mr. PERRY), my friend, these terrorists to is a very, very short I yield to the gentleman from Lou- for hosting this Special Order hour to- distance from an elementary school. isiana (Mr. SCALISE), the majority night. I would also call on the candidates whip. I want to read something that was for President of the United States Mr. SCALISE. I appreciate my friend written by Michelle Jesse, where Sec- when they are campaigning around from Pennsylvania (Mr. PERRY) for retary of State John Kerry testified in South Carolina, ask them a question: leading this Special Order to highlight, front of a Senate committee hearing, I Do they support housing terrorists in Mr. Speaker, what is at stake in this think it was yesterday. It was pointed our neighborhoods—that is a legiti- latest proposal by President Obama. out to the Secretary that this very guy mate question—near our children who As you can see from the passion that who was the cook of Osama bin Laden, are at schools or near our churches my friend from South Carolina just ex- al Qosi, had indeed gone back to ter- where we worship? hibited, this is an issue that rivets rorism and to trying to kill Americans Mr. Speaker, the language that pre- throughout the country. People under- yet again. vents transferring detainees to U.S. stand what is at stake. People across

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.080 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H944 CONGRESSIONAL RECORD — HOUSE February 25, 2016 America know that there are bad peo- The other thing about these terror- Guantanamo Bay remains open. I ple around the world that want to do us ists that are spending their time in would rather have terrorists in GTMO harm. Guantanamo Bay is that they turned or dead than in U.S. detention facili- ISIS is on the move. They are not a America into a battlefield in New York ties or back on the battlefield. JV team. They are not being detained. City. Mr. PERRY. Mr. Speaker, how much In fact, they are recruiting Westerners. I yield to my good friend, the gen- time remains? In fact, they are recruiting Americans tleman from New York (Mr. ZELDIN). The SPEAKER pro tempore. The gen- into the battle. Mr. ZELDIN. I would like to con- tleman from Pennsylvania has 3 min- So you look at Guantanamo Bay. gratulate the gentleman from Pennsyl- utes remaining. And this is something that, for what- vania on his recent promotion to gen- Mr. PERRY. Folks, there you have it. ever reason, has become a rallying cry eral and for all of his service not just The case has been made. At this point, for the political left. They wanted to here in Congress, but also in uniform. it is essentially irrefutable. You can’t close it down. This week President Obama sent an see what the upside is to bringing these They wanted to bring those terrorists incomplete plan to Congress to close people to the United States and closing into the United States, to give them the detention facility at Guantanamo the facility. Al Qaeda, ISIS, radical Islamists, are taxpayer-funded rights that the Presi- Bay, Cuba. This plan would send ter- not going to stop. They are never going dent can’t even identify, but that ev- rorists back home overseas and even to stop. It certainly has nothing to do erybody acknowledges they don’t de- bring high-risk terrorists to detention with where people are detained. It has serve. We don’t need that kind of centers here in the United States. nothing to do with that. threat here. There are still so many unanswered They hate the West. They hate Amer- When you look at the President’s questions with regard to the Presi- ica. That is not going to change any- proposal this week, I think he has dent’s proposal, for example, what hap- time soon. Allowing these people, these made it clear that he has put the polit- pens when we capture the next 2 or 10 terrorists, to live within our commu- ical priorities of the far left elements or 30 terrorists? Where are we going to nity is not going to solve any part of over the safety and security of the question them? Where are we going to that equation. United States of America. This would detain them? What is the exact place- Mr. Speaker, the President has had 7 put Americans at risk by bringing ment inside the United States for those years to come up with a plan, 7 years these terrorists into the United States. detainees currently in GTMO? Also, for specifics, and, yet, he came this Just go look at what kind of people what legal protections and rights will week and provided none of those spe- are being held at Guantanamo Bay. detainees have if we bring them into cifics. These are the worst of the worst. These the U.S. and into our civilian court Earlier this year I asked the Presi- are people who have plotted and actu- system? dent about the details and about the ally carried out attacks against Amer- Make no mistake. These detainees at transfer already conducted of these ter- ican servicemen and -women. They GTMO are the worst of the worst of the rorists to other countries: What are the have killed Americans in the battle- worst. All the variables left out of the details? What has American given? field, killed our troops. These are the President’s plan shows that this really How much has it cost us? people who have carried out those at- isn’t a plan. It is a political campaign I didn’t realize at the time that we tacks. pledge from 8 years ago. have already transferred detainees to So they are being held at GTMO, as The facility at Guantanamo Bay has 55 countries around the world. We have it is called, because that is the best not only served as a place to keep some no idea, as American citizens, from the place to ensure that we don’t have to of the most dangerous terrorists in the most transparent administration in see them again on the battlefield. world, but also as a tactical and stra- history—so-called by the administra- Over 100 of those who have already tegic facility where intelligence is tion—what the details of those ar- been released have gone back into the gathered to prevent potential attacks rangements are, but we do know this. battlefield, in many cases, to kill against our country and ensure U.S. These terrorists have been transferred American soldiers. Why would the national security. to the likes of Yemen, Pakistan, Libya, President want to give them extra While the President was speaking Iran, and Iraq. rights? Why would the President want this week, it was reported that a What kind of judgment is that, Mr. to bring them into the United States of former prisoner at Guantanamo Bay Speaker? We are sending terrorists America? was one of four terror suspects affili- from a detention facility to terrorist So, Mr. Speaker, we rise today and ated with ISIS who was arrested for his nations, nations where terrorism highlight this to point out, number alleged role in plotting terror attacks thrives, and expecting them not to re- engage, expecting them not to join the one, what the President’s intent really in Spain. Just one week earlier another fight. is and what the President is trying to former prisoner at Guantanamo was They are going to join the fight and do. This is something the President has pictured in a number of videos that they are coming after us. The Presi- asked Congress to take up. called for jihad against the Saudi King- dent needs to quit being selfish and Mr. Speaker, we are making it very dom and the Western world. needs to be responsible with the secu- clear it is not going to happen. This These two cases are not just coinci- rity of his country. House will not allow these terrorists dence. Just a few months ago the Office I yield back the balance of my time. being detained at Guantanamo Bay to of the Director of National Intelligence f enter into the United States to under- reported that one-third of freed Guan- mine America’s national security. tanamo prisoners are either suspected ORIGINAL BLACK HISTORY MONTH They are over there for a reason, or confirmed of returning to terrorist RESOLUTION OF 2016 which is because of terrorist attacks activities. One-third. The SPEAKER pro tempore. Under they have not only plotted, but carried The President is willing to com- the Speaker’s announced policy of Jan- out, against Americans. So, Mr. Speak- promise the security and safety of uary 6, 2015, the Chair recognizes the er, they belong in Guantanamo Bay. American lives for the sake of his own gentleman from Texas (Mr. AL GREEN) Under this House, they are going to legacy. Bringing dangerous terrorists for 30 minutes. stay in Guantanamo Bay and not be to U.S. soil is a dangerous political GENERAL LEAVE brought into the United States. move that could not come at a worse Mr. AL GREEN of Texas. Mr. Speak- Again, I thank my colleague from time, as groups like ISIS continue to er, I ask unanimous consent that all Pennsylvania for this Special Order spread across the Middle East, Europe, Members may have 5 legislative days that he is leading. and the rest of the world. Again, Guan- in which to revise and extend their re- Mr. PERRY. I thank the majority tanamo is a key strategic and national marks and include extraneous mate- whip for his passion and his remarks. security asset. rials on the topic of this Special Order. While he talks about the battlefield, For the sake of our national security, The SPEAKER pro tempore. Is there we are going to hear from somebody I will do everything in my power to en- objection to the request of the gen- that has been to the battlefield. sure that the detention facility at tleman from Texas?

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.081 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H945 There was no objection. is, without question, of hallowed district in Houston, Texas. Freedmen’s Mr. AL GREEN of Texas. Mr. Speak- ground, because this place is the home Town was one of the first and the larg- er, tonight we will take up H. Res. 597, of one of the Underground Railroads to est of the post-Civil War Black urban the Original Black History Month Res- freedom. communities in the United States. It olution of 2016. It was the Union Station, if you will, was settled by emancipated slaves in This resolution is one that has been of the Underground Railroad to free- 1866. Although African Americans lived endorsed by and cosponsored by 24 dom, where slaves would be stationed in Houston before and during the Civil Members of the House. I want to thank and they could receive sanctuary as War, Freedmen’s Town represents the each of them for their support of this they were moving from this country to first community of free Black resolution. It was introduced on Feb- Canada and moving to freedom. Houstonians in the city. It was, how- ruary 2, 2016. I also want to thank the This church was founded by the Hon- ever, more than just a community. It leadership for allowing us to have this orable Richard Allen, who was a former was, indeed, a town. It had the infra- time tonight to talk about Black his- slave himself, and became the founder structure. It had the streets that were tory. of the AME Church. In fact, he was the made of brick. It had lawyers and doc- More specifically, tonight we are first bishop of the church. tors. It had persons who were teachers, going to talk about Black history as it This site, if you will, had many peo- professionals, artisans, tradesmen. relates to hallowed grounds, the sites ple who were, but for the people who I had the privilege of going into of African American memories. But be- were there to give them aid and com- Freedmen’s Town not so long ago to fore going there, I think it appropriate fort, who were lost and were people the home of one of the prominent law- to note that the House of Representa- who were trying to find their way on yers who lived there at that time. tives has passed Black history resolu- freedom’s road, the Underground Rail- Preserving Freedmen’s Town has be- tions since 2007. road, if you will, to freedom, the Un- come quite a challenge, but there are In 2007, the 110th Congress, we had a derground Railroad. people in the community and Fourth Well, I am going to quote now Har- resolution that passed. It passed by Ward who are committed to its preser- riet Tubman, because Harriet Tubman voice vote. In 2008, the resolution vation. I will mention one such person. reminded us of something that is im- passed 367–0. In 2009, it passed 420–0. In This would be Ms. Gladys House, who portant as it relates to African Amer- 2010, 402–0. Since 2010, of course, we has worked tirelessly to maintain the ican history and some of the incidents character and infrastructure in Freed- have not taken votes on any resolu- that we will talk about. tions, generally speaking. men’s Town. Harriet Tubman reminded us that Another site would be Greenwood, I am honored to speak at this time of she freed 1,000 slaves, but she went on the Greenwood community, also known hallowed grounds, sites of African to say: ‘‘I could have freed another as Black Wall Street. This was in American memories. I am honored to thousand if they had only known that Tulsa, Oklahoma. It was the site of a do so because there are many persons they were slaves.’’ If they had only race riot in 1921. This riot lasted from who have made great sacrifices so that known that they were slaves, they, too, May 31 to June 1, when the unthink- many of us would have the opportuni- could have been freed. able—the unthinkable—occurred. The ties that we have. Many persons have The point that she was making is— unthinkable occurred because of an al- suffered great pain so that some indi- and was—that people who are held in legation of a Black male assaulting a viduals can have great gains. servitude can become so conditioned to White female. A sexual assault was al- Tonight we will discuss some of the their servitude that they don’t really leged. I don’t know that it was ever pain because pain is associated with understand the condition that they are proven. I haven’t been able to find any- hallowed grounds. actually existing under and, as a re- place in the readings and the research There are some things that we should sult, they accept it. that I have done to substantiate the never forget. We should never and can- Harriet Tubman did not. Those who fact that it was proven. But it was al- not forget—nor should we—Pearl Har- were part of the Underground Railroad leged, an attempted sexual assault, if bor. This is a place where we have hal- to freedom did not accept servitude, you will. lowed grounds. I have been to Pearl and they wanted to have freedom; and This attack on this community of Af- Harbor, and I know of the memorial this place, this church, Mother Bethel, rican Americans led to 10,000 people that is there. was a place of freedom and a sanctuary being left homeless—10,000—35 or more We should not forget 9/11 and the for those who were seeking new oppor- city blocks were destroyed by fire, and World Trade Center. Hallowed grounds tunities and a better life in a better estimates range from 39 to 300 people exist on the site where the World Trade place. having been killed by various sources. Center was taken down. Another site, another place for us to We have found this to be the informa- Because atrocities can sometimes remember the hallowed grounds that tion that we can share. The residents create these hallowed grounds, we will led to freedom, Seneca Village in New rebuilt the community within 5 years. sometimes find that things that we York City. The time of its existence However, the community later declined have to say are not always appealing, was from 1825 to 1857. It was the site of because of desegregation in the mid- but the truth is that we cannot sanitize a free middle class community. It was 20th century. history. a small village, founded by Black peo- This incident, however, is something Efforts to sanitize history will only ple in 1825. And it is interesting to note that we can never forget, just as we create what we call his story, someone that 10 percent of the African Amer- can’t forget Pearl Harbor, just as we else’s version, but it is not the true his- ican voters who lived in New York can’t forget 9/11. The incident was tory. lived in Seneca Village—10 percent. something that took place and had the Tonight we will not sanitize, but we There were other persons living there blessings of the constabulary. The po- will, in fact, be truthful about some of as well. The Irish were there. The Ger- lice actually helped set fire to the those hallowed grounds. Some of them mans were there. These were immi- property of the people who lived there. have atrocious events associated with grants as well. Later, a police chief apologized, and them. The unfortunate circumstance about this was done in September of 2013. An Let us start with hallowed grounds, this hallowed ground, however, is that apology was given for the attack that places, sites, if you will, of Black his- it was razed. Seneca Village was razed took place many years before, between tory and some of the memories—not all so that Central Park could rise. And May 31 and June 1 of 1921. good—associated with the African the unfortunate circumstance further Hallowed ground. American lives that have been lost in is that the stain of invidious eminent We should remember the Bryant’s this country, unfortunately. domain is Central Park’s shame. It is Grocery and Meat Market in Money, so unfortunate that people were forced Mississippi, because on August 28, 1955, b 1930 to leave their homes so that Central Emmett Till was murdered in Money, Let us start with Mother Bethel AME Park could have a home. Mississippi. He was murdered because Church in Philadelphia, Pennsylvania, Another site that we will mention to- of an allegation of his having accosted established in 1794. This is a place that night is Freedmen’s Town, the historic a White female.

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.083 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H946 CONGRESSIONAL RECORD — HOUSE February 25, 2016 In these times, we don’t like to dis- so she refused to get up from her seat, worth’s Store was finally desegregated cuss it. I know that it makes some un- and her actions started a boycott that in 1965. comfortable. But during these times, it lasted 381 days. Hallowed grounds. was dangerous for Black men to speak But there was also a lawsuit that was Another site to remember is the Bir- in an unkind way to a White female. In filed, Browder v. Gayle, and that law- mingham jail in Birmingham, Ala- fact, it was unkind for them to look at suit went all the way to the Supreme bama. April 16, 1963, Dr. Martin Luther White females in a certain way. As a Court. The boycott and the lawsuit King wrote his ‘‘Letter from Bir- result, many Black men lost their lives complemented each other. mingham Jail,’’ one of the most cele- because of allegations that were never Many times you need the protest brated pieces of literary history. This proven with reference to flirting or at- movement to let those who are in letter has been studied by historians tempted rape, in many cases. power know that you are not satisfied and is considered one of his most im- Well, as the case was with Emmett with your circumstances, and they pro- portant works. Till, he was a 14-year-old child from tested for the 381 days. The Supreme He, in this letter, defines the non- Chicago. He did not know the ways of Court ruled, and they ruled that this violent civil rights movement. It was the South. His mother had given him type of segregation was unconstitu- this letter that was published in the warnings before he left, but her admo- tional. As a result, Dr. King became Liberation Magazine in June of 1963 nitions were not enough. At some very prominent in the country. Ms. that led many people to understand the point, he went into this store, and the Rosa Parks, of course, did, as well as horrors of the civil rights movement, owner’s wife alleges that he made a Reverend Abernathy. the horrors that civil rights workers pass at her, if you will. Some said he Another site, the Ebenezer Baptist suffered during the civil rights move- whistled; others said he winked. There Church in Atlanta, Georgia, and Janu- ment, and some of the suffering that are many accounts, but it was never ary 10, 1957, was the date the Southern people were enduring who were living proven that he did anything. Christian Leadership Conference was under segregation. After learning of this alleged inci- born at this church. This church was a b 1945 dent, the owner of the store, with a church home of many of the civil friend, literally went into the home of rights leaders that participated in Another site to remember would be Emmett Till, went into his home and many of the boycotts that took place. the Lincoln Memorial on the National took him from his home. They took It was after the successful Montgomery Mall in Washington, D.C. August 28 of him away and they beat him. They Bus Boycott that Dr. King invited 1963 is when Dr. King gave his famous took him to a river, the Tallahatchie other leaders to associate themselves ‘‘I Have a Dream’’ speech. River, and after actually bludgeoning with him and the civil rights move- This march was one of the most suc- his eyes out, they threw him in the ment at this church. The church be- cessful in the country’s history. 200,000 river, and his body was later discov- came a national historic site in 1980. to 300,000 people attended. This march ered. His mother was so shocked, and Another site that we should remem- helped to popularize the movement and the country was so shocked by what ber in memorializing and making note support necessary for the Civil Rights happened, that it instigated a move- of historic places that are a part of hal- Act of 1964. ment in the country. Much of the lowed grounds for African Americans Another site to remember as we re- movement led to the civil rights move- would be Little Rock Central High view hallowed grounds, sites of African ment. School in Little Rock, Arkansas. American memories, would be the 16th But the one thing that happened that September 1957, this was the date Street Baptist Church. On September his mother did that made a difference that a desegregation effort took place, 15 of 1963, a dastardly terrorist act oc- for many of us who are alive today was and there was much resistance to this curred right here in the United States she allowed him to have an open casket desegregation. This occurred 3 years of America in Birmingham, Alabama. so that the world could see the horrors after the ruling in Brown v. Board of Terrorists bombed the 16th Street of invidious segregation. Education. There were nine young chil- Baptist Church, killing 4 young girls, In 1955, what happened, his death, led dren who tried to attend this all-White and 22 others were wounded. The to the passage of the Emmett Till Un- Little Rock Central High School, and church was repaired and reopened on solved Civil Rights Crime Act of 2007. these nine young children were ac- June 7 of 1964. In 1980, it was added to His death in 1955 led to the passage of costed; they were threatened. the National Registry as a historical this act in 2007. It was introduced by The violence that you could see on place. Congressman JOHN LEWIS, and it au- the faces of the persons who did not Another site of hallowed grounds is thorizes $13.5 million annually, over a want innocent children in their school the Edmond Pettus Bridge. Much is al- 10-year period, for Federal investiga- is something that you will remember. ways talked about when we talk about tions of civil rights violations resulting If ever you have an opportunity to re- hallowed grounds with respect to the in death prior to 1970. view some of the old news reels, you Edmund Pettus Bridge because, on However, it is interesting to note, can see the anger that I speak of. March 7, 1965, about 600 peaceful pro- and I hope that all within the sound of President Eisenhower ended up having testers were attacked and assaulted by my voice will hear this, the bill has to use Federal troops to desegregate the constabulary. never been funded. The bill has never this school. The event was heavily tele- They were beaten back to the place been funded. vised, and the news stories are avail- where they started their march. The The next site that we shall visit will able for those who would like to see. Honorable JOHN LEWIS was a member be the National City Lines, and we will Another site would be the Wool- of this group of persons, peaceful pro- talk about bus No. 2857 in Montgomery, worth’s Store, the five-and-dime, in testers, who wanted to march from Alabama. The time of the Montgomery Greensboro, North Carolina. This was Selma to Montgomery. This violence Bus Boycott was 1955 through 1956. It the place where four young Black against the marchers was televised. lasted 381 days. This bus boycott took males decided that they were going to One of the things that we have no- place because of invidious discrimina- have a sit-in. ticed as we reviewed these sites and tion alleged and occurring—excuse me, Sit-in simply means that they were these incidents, these atrocities, is because it actually happened—against going to either be served, or they that television helped to change the Ms. Rosa Parks. would sit there until they were served American psyche because people had an Ms. Parks was a passenger on the bus or removed. opportunity by way of television to see and was required to give up her seat, These students showed the kind of re- what others were actually experi- which she refused to do not because she sistance that inspired others around encing, very much akin to what we are was tired of working, but because she the country to take up the same cause, seeing now with cell phones and some was tired of invidious discrimination, to decide that they too would engage in of the things that are happening to per- if you will. She was tired of having to sit-ins. While this was not the first sit- sons at the hands of the constabulary. surrender her seat to persons simply in, it is one of the most famous, if not Much of what people would say oth- because of her hue, the hue of her skin, the most famous sit-in, and the Wool- ers did not believe. But when you have

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.084 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H947 the actual pictures to see the represen- hundreds of homes and small busi- T. Stafford Disaster Relief and Emergency tation by way of pictures, it can make nesses in my Congressional District. Assistance Act, and for other purposes. a difference in the psyche of people. But in the wake of this tragedy, I was f As a result of this march, many hav- inspired to see how many wonderful ADJOURNMENT ing suffered, we found that the civil people stepped up in our communities rights law of 1965 was passed. This was to help those in need. Mr. RATCLIFFE. Mr. Speaker, I done because people suffered and be- I am especially grateful to our first move that the House do now adjourn. The motion was agreed to; accord- cause the Edmund Pettus Bridge be- responders and local officials whose ingly (at 7 o’clock and 52 minutes came a place for us to memorialize as selfless commitment and dedication to p.m.), the House adjourned until to- hallowed grounds. the ongoing recovery efforts over the morrow, Friday, February 26, 2016, at 9 Moving forward, the civil rights acts, past few months have brought so much a.m. many of them—the history of those healing to our communities. who were able to accomplish things by In Rowlett, I would like to send a f way of the courts is all predicated upon special thanks to Mayor Todd Gottel EXECUTIVE COMMUNICATIONS, a lot of suffering that took place in for his incredible leadership. To City ETC. this country. Too many people suffered Manager Brian Funderburk, the entire Under clause 2 of rule XIV, executive so that I could have the opportunity to Rowlett Police and Fire Departments, communications were taken from the be here tonight to talk about these hal- the doctors and staff at Lake Pointe Speaker’s table and referred as follows: lowed grounds. Medical Center, and local residents 4460. A communication from the President I feel that it is my duty to do this. I Sammy Walker and Bruce Hargrave, of the United States, transmitting a request know that talking about these things who pulled a mortally wounded man for emergency supplemental appropriations can create a good deal of discomfort for from the rubble of his home, thank to respond to the Zika virus both domesti- people. We ought to feel a certain you. cally and internationally (H. Doc. No. 114— amount of discomfort because what In Rockwell County, our thanks to 103); to the Committee on Appropriations happened was, without question, some- County Judge David Sweet, Sheriff and ordered to be printed. thing that this country should never 4461. A letter from the Acting Principal Harold Eavenson, Chief Deputy David Deputy for the Under Secretary, Personnel want to see happen again and should Goelden, and Emergency Manager Joe and Readiness, Department of Defense, never have happened ever to anyone. DeLane. transmitting a letter authorizing Lieutenant But we must remember our history In Collin County, I would like to General John W. Nicholson, Jr., United just as we are going to remember Pearl thank County Judge Keith Self, Con- States Army, to wear the insignia of the Harbor, just as we are going to remem- stable Gary Edwards, Assistant Emer- grade of general, pursuant to 10 U.S.C. ber 9/11, and just as we are going to re- gency Management Coordinator Jason 777a(b)(4); Public Law 111-383, Sec. 505(a)(1); member World Wars I and II. Lane, and the Collin County Sheriff’s (124 Stat. 4208); to the Committee on Armed We have to remember the history in Services. Department. 4462. A letter from the Director, Commu- this country, the atrocities that oc- From Farmersville, thank you to the nity Development Financial Institutions curred against African Americans as entire police and fire departments Fund, Department of the Treasury, trans- they were trying their very best to live there, to Chief Mike Sullivan, to City mitting the Department’s interim rule — peaceful lives. Hallowed grounds, the Manager Ben White, and Mayor Joseph Community Development Financial Institu- sites of African American memories. Helmberger. tions Program (RIN: 1505-AA92) received Feb- Mr. Speaker, I want to thank you for In Blue Ridge, I would like to thank ruary 22, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added by Public Law 104-121, the time tonight to bring up these hal- Mayor Rhonda Williams, the volunteer lowed grounds and to talk about Black Sec. 251; (110 Stat. 868); to the Committee on fire department there, and the West- Financial Services. History Month, especially as it relates minster Fire Department. 4463. A letter from the Director, Commu- to some of the things that happened in And in Hunt County, thanks to Judge nity Development Financial Institutions this country. John Horn and Homeland Security Fund, Department of the Treasury, trans- But I also want to say this, Mr. Manager Richard Hill. mitting the Department’s interim rule — Speaker. Notwithstanding all of the Beyond this, I would like to thank Bank Enterprise Award Program (RIN: 1505- things that I have said and all of the the many churches and charities who AA91) received February 22, 2016, pursuant to memories that I have recounted, it is 5 U.S.C. 801(a)(1)(A); Added by Public Law offered their support, like First Baptist 104-121, Sec. 251; (110 Stat. 868); to the Com- important for us to note that the coun- Farmersville and Pastor Bart Barber, mittee on Financial Services. try has truly come a long way. First Baptist Rowlett and its director, 4464. A letter from the Director, Commu- I still contend that, notwithstanding Jon Bailey. nity Development Financial Institutions all of the atrocities, this is a great I know that, without the selfless ef- Fund, Department of the Treasury, trans- place for Americans of all hues to find forts of all these great people and all mitting the Department’s interim rule — their way in the world. these organizations, the recovery ef- Capital Magnet Fund (RIN: 1559-AA00) re- ceived February 22, 2016, pursuant to 5 U.S.C. This is a special country. I love my forts and restoration of our commu- country, but I don’t forget the things 801(a)(1)(A); Added by Public Law 104-121, nities would simply not be the same. Sec. 251; (110 Stat. 868); to the Committee on that happened in my country to cause Your efforts are so greatly appreciated. Financial Services. us to memorialize certain places as With that, Mr. Speaker, I yield back 4465. A letter from the Assistant Secretary hallowed ground. the balance of my time. for Legislation, Department of Health and Mr. Speaker, I yield back the balance Human Services, transmitting the Depart- f of my time. ment’s Fiscal Year 2014 Report on the Pre- ventive Medicine and Public Health Training f LEAVE OF ABSENCE Grant and Integrative Medicine Programs, EXPRESSING GRATITUDE TO THE By unanimous consent, leave of ab- pursuant to 42 U.S.C. 295c(d); July 1, 1944, ch. FIRST RESPONDERS AND LOCAL sence was granted to: 373, title VII, Sec. 768(d) (as amended by Pub- OFFICIALS FOR THEIR SELFLESS Mr. COOPER (at the request of Ms. lic Law 111-148, Sec. 10501(m)); (124 Stat. RECOVERY EFFORTS IN NORTH- PELOSI) for today and February 26 on 1002); to the Committee on Energy and Com- account of attending a funeral. merce. EAST TEXAS 4466. A letter from the Secretary, Depart- f The SPEAKER pro tempore. Under ment of the Treasury, transmitting a six- the Speaker’s announced policy of Jan- SENATE ENROLLED BILL SIGNED month periodic report on the national emer- uary 6, 2015, the Chair recognizes the The Speaker announced his signature gency with respect to Iran that was declared in Executive Order 12957 of March 15, 1995, gentleman from Texas (Mr. RATCLIFFE) to an enrolled bill of the Senate of the for 30 minutes. pursuant to 50 U.S.C. 1641(c); Public Law 94- following title: 412, Sec. 401(c); (90 Stat. 1257) and 50 U.S.C. Mr RATCLIFFE. Mr. Speaker, on De- S. 2109. An act to direct the Administrator 1703(c); Public Law 95-223, Sec 204(c); (91 Stat. cember 26 last year, tornadoes ravaged of the Federal Emergency Management 1627); and 22 U.S.C. 2349aa-9(c); Public Law northeast Texas, tragically resulting in Agency to develop an integrated plan to re- 99-83, Sec. 505(c); (99 Stat. 221); to the Com- the loss of several lives and destroying duce administrative costs under the Robert mittee on Foreign Affairs.

VerDate Sep 11 2014 03:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K25FE7.086 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE H948 CONGRESSIONAL RECORD — HOUSE February 25, 2016 4467. A letter from the Assistant Secretary, ment’s report on the Short-Time Compensa- By Mr. COLLINS of Georgia: Legislative Affairs, Department of State, tion Program, pursuant to Public Law 112-96, H.R. 4618. A bill to designate the Federal transmitting a report by the Department on Sec. 2166(a); (126 Stat. 178); to the Committee building and United States courthouse lo- progress toward a negotiated solution of the on Ways and Means. cated at 121 Spring Street SE in Gainesville, Cyprus question covering the period of Au- f Georgia, as the ‘‘Sidney Oslin Smith, Jr. gust 1 through September 30, 2015, pursuant Federal Building and United States Court- to Sec. 620C(c) of the Foreign Assistance Act PUBLIC BILLS AND RESOLUTIONS house’’; to the Committee on Transportation of 1961, as amended, and in accordance with Under clause 2 of rule XII, public and Infrastructure. Sec. 1(a)(6) of Executive Order 13313; to the bills and resolutions of the following By Mr. CUMMINGS: Committee on Foreign Affairs. H.R. 4619. A bill to strengthen incentives 4468. A letter from the Director, Financial titles were introduced and severally re- ferred, as follows: and protections for whistleblowers in the fi- Reporting and Internal Controls, Depart- nancial industry and related regulatory ment of Commerce, transmitting the Depart- By Mr. WALBERG (for himself, Mrs. agencies, and for other purposes; to the Com- ment’s Fiscal Year 2015 Agency Financial LUMMIS, Mr. SMITH of Texas, Mr. mittee on Financial Services, and in addi- Report, pursuant to 31 U.S.C. 3515(a); Public FARENTHOLD, Mr. JODY B. HICE of tion to the Committees on Agriculture, and Law 101-576, Sec. 303(a); (104 Stat. 2849); to Georgia, Ms. JENKINS of Kansas, Mr. the Judiciary, for a period to be subse- the Committee on Oversight and Govern- MULVANEY, Mr. DESANTIS, Mr. quently determined by the Speaker, in each ment Reform. GOSAR, Mr. RIBBLE, Mrs. MILLER of case for consideration of such provisions as 4469. A letter from the Secretary and Michigan, and Mr. BLUM): fall within the jurisdiction of the committee Treasurer, Financing Corporation, transmit- H.R. 4612. A bill to ensure economic sta- concerned. ting the Corporation’s Statement on the bility, accountability, and efficiency of Fed- By Mr. HILL: System of Internal Controls and the 2015 Au- eral Government operations by establishing H.R. 4620. A bill to amend the Securities dited Financial Statements, pursuant to the a moratorium on midnight rules during a Exchange Act of 1934 to exempt certain com- Chief Financial Officers Act of 1990; to the President’s final days in office, and for other Committee on Oversight and Government mercial real estate loans from risk retention purposes; to the Committee on Oversight and requirements, and for other purposes; to the Reform. Government Reform, and in addition to the 4470. A letter from the Secretary and Committee on Financial Services. Committee on the Judiciary, for a period to By Mrs. CAPPS (for herself and Mr. Treasurer, Resolution Funding Corporation, be subsequently determined by the Speaker, transmitting the Corporation’s Statement SARBANES): in each case for consideration of such provi- H.R. 4621. A bill to amend title XXI of the on the System of Internal Controls and the sions as fall within the jurisdiction of the 2015 Audited Financial Statements, pursuant Social Security Act to improve access to, committee concerned. and the delivery of, children’s health serv- to the Chief Financial Officers Act of 1990; to By Mr. KATKO (for himself and Ms. the Committee on Oversight and Govern- ices through school-based health centers, JUDY CHU of California): and for other purposes; to the Committee on ment Reform. H.R. 4613. A bill to amend title 18, United Energy and Commerce. 4471. A letter from the Assistant Attorney States Code, with respect to civil forfeitures By Mr. CONAWAY (for himself, Mr. General, Department of Justice, transmit- relating to certain seized animals; to the ting a report to Congress concerning grants MCKINLEY, Mr. HARPER, Mr. TIPTON, Committee on the Judiciary. made under the Paul Coverdell National Fo- Mrs. LUMMIS, Mr. CRAMER, Mr. JEN- By Mr. OLSON (for himself, Mr. rensic Science Improvement Grants Pro- KINS of West Virginia, Mr. VEASEY, REICHERT, Mr. MICHAEL F. DOYLE of gram, pursuant to 42 U.S.C. 3797o(b); Public Mr. BARR, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. PASCRELL, and Mr. Law 90-351, Sec. 2806(b) (as amended by Pub- Pennsylvania, Mr. BARTON, Mr. KIND): lic Law 107-273, Sec. 5001(b)(5)); (116 Stat. H.R. 4614. A bill to amend title XVIII of the BUCSHON, Mr. PETERSON, Mr. 1814); to the Committee on the Judiciary. Social Security Act to align physician super- MOOLENAAR, Mr. RODNEY DAVIS of Il- 4472. A letter from the Administrator, vision requirements under the Medicare pro- linois, Mr. MURPHY of Pennsylvania, FEMA, Department of Homeland Security, gram for radiology services performed by ad- Mr. JOHNSON of Ohio, Mr. BOUSTANY, transmitting a notification that the cost of vanced level radiographers with State re- and Mr. HUIZENGA of Michigan): response and recovery efforts for FEMA-3374- H.R. 4622. A bill to amend the Internal Rev- EM in the State of Missouri has exceeded the quirements; to the Committee on Energy and Commerce, and in addition to the Committee enue Code of 1986 to improve and make per- $5 million limit for a single emergency dec- manent the credit for carbon dioxide seques- laration, pursuant to 42 U.S.C. 5193(b)(3); on Ways and Means, for a period to be subse- quently determined by the Speaker, in each tration; to the Committee on Ways and Public Law 93-288, Sec. 503(b)(3) (as amended Means. by Public Law 100-707, Sec. 107(a)); (102 Stat. case for consideration of such provisions as fall within the jurisdiction of the committee By Mr. GRIJALVA (for himself, Mr. 4707); to the Committee on Transportation HASTINGS, Mr. CARSON of Indiana, Ms. and Infrastructure. concerned. By Mr. HUFFMAN (for himself and Mr. LEE, Ms. NORTON, Mr. CONYERS, Ms. 4473. A letter from the Assistant Secretary KAPTUR, Mr. CLAY, and Ms. CLARKE of ROHRABACHER): of the Army, Civil Works, Department of De- New York): fense, transmitting the Department’s Port H.R. 4615. A bill to amend the Internal Rev- enue Code of 1986 to exclude from gross in- H.R. 4623. A bill to allow homeowners of Everglades final feasibility report and envi- moderate-value homes who are subject to ronmental impact statement dated May 2015 come amounts received from a water depart- ment for water conservation efficiency meas- mortgage foreclosure proceedings to remain (H. Doc. No. 114—104); to the Committee on in their homes as renters; to the Committee Transportation and Infrastructure and or- ures and water runoff management improve- on Financial Services. dered to be printed. ments; to the Committee on Ways and By Ms. HAHN: 4474. A letter from the Assistant Secretary Means. of the Army, Civil Works, Department of De- By Mr. NADLER (for himself and Mr. H.R. 4624. A bill to amend title 49, United fense, transmitting the Department’s Upper BURGESS): States Code, to provide for the inspection of Des Plaines River and Tributaries integrated H.R. 4616. A bill to promote and protect pipeline facilities that are transferred by feasibility report and environmental assess- from discrimination living organ donors; to sale and pipeline facilities that are aban- ment dated January 11, 2016 (H. Doc. No. the Committee on Energy and Commerce, doned, and for other purposes; to the Com- 114—105); to the Committee on Transpor- and in addition to the Committees on Over- mittee on Transportation and Infrastruc- tation and Infrastructure and ordered to be sight and Government Reform, House Ad- ture, and in addition to the Committee on printed. ministration, Education and the Workforce, Energy and Commerce, for a period to be 4475. A letter from the Assistant Secretary and Financial Services, for a period to be subsequently determined by the Speaker, in of the Army, Civil Works, Department of De- subsequently determined by the Speaker, in each case for consideration of such provi- fense, transmitting the Department’s each case for consideration of such provi- sions as fall within the jurisdiction of the Orestimba Creek final interim feasibility re- sions as fall within the jurisdiction of the committee concerned. port and environmental assessment/initial committee concerned. By Mr. HANNA (for himself and Mr. study dated March 2013 (H. Doc. No. 114—106); By Ms. DELBENE (for herself, Mr. PASCRELL): to the Committee on Transportation and In- YOUNG of Alaska, Mr. MCDERMOTT, H.R. 4625. A bill to require the Secretary of frastructure and ordered to be printed. Ms. HERRERA BEUTLER, Mr. HECK of Health and Human Service to develop a vol- 4476. A letter from the Assistant Secretary Washington, Mr. KILMER, Mr. SMITH untary patient registry to collect data on of the Army, Civil Works, Department of De- of Washington, and Mr. LARSEN of cancer incidence among firefighters; to the fense, transmitting the Department’s Here- Washington): Committee on Energy and Commerce. ford Inlet to Cape May Inlet final feasibility H.R. 4617. A bill to amend the Richard B. By Ms. JENKINS of Kansas (for herself, report and integrated environmental assess- Russell National School Lunch Act to re- Mr. BLUMENAUER, Mr. RODNEY DAVIS ment dated April 28, 2014 (H. Doc. No. 114— quire that the Buy American purchase re- of Illinois, and Mr. LIPINSKI): 107); to the Committee on Transportation quirement for the school lunch program in- H.R. 4626. A bill to amend the Internal Rev- and Infrastructure and ordered to be printed. clude fish harvested within United States enue Code of 1986 to permanently extend the 4477. A letter from the Secretary, Depart- waters, and for other purposes; to the Com- railroad track maintenance credit; to the ment of Labor, transmitting the Depart- mittee on Education and the Workforce. Committee on Ways and Means.

VerDate Sep 11 2014 05:23 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\L25FE7.000 H25FEPT1 rfrederick on DSK6VPTVN1PROD with HOUSE February 25, 2016 CONGRESSIONAL RECORD — HOUSE H949 By Mr. LEWIS: H. Con. Res. 119. Concurrent resolution au- and proper to introduce legislation to effec- H.R. 4627. A bill to amend title XIX of the thorizing the use of the Capitol Grounds for tively carryout this power. Social Security Act to provide parity among the Greater Washington Soap Box Derby; to By Mr. KATKO: States in the timing of the application of the Committee on Transportation and Infra- H.R. 4613. higher Federal Medicaid matching rates for structure. Congress has the power to enact this legis- the ACA-expansion population; to the Com- By Mr. FITZPATRICK (for himself, Mr. lation pursuant to the following: mittee on Energy and Commerce. SESSIONS, Ms. ROS-LEHTINEN, and Mr. Article I, Section 8, Clause 1 of the U.S. By Mrs. LOWEY (for herself and Mr. LAMALFA): Constitution (relating to the general welfare KING of New York): H. Res. 625. A resolution expressing support of the United States). H.R. 4628. A bill to require reporting of ter- for the designation of February 28, 2016, as Article I, Section 8, Clause 9 of the Con- rorist activities and the unlawful distribu- ‘‘National Rare Eye Disease Awareness stitution of the United States; the power to tion of information relating to explosives, Day’’; to the Committee on Energy and Com- constitute Tribunals inferior to the Supreme and for other purposes; to the Committee on merce, and in addition to the Committee on Court. the Judiciary. Education and the Workforce, for a period to By Mr. OLSON: By Mr. MILLER of Florida: be subsequently determined by the Speaker, H.R. 4614. H.R. 4629. A bill to extend Federal recogni- in each case for consideration of such provi- Congress has the power to enact this legis- tion to the Muscogee Nation of Florida; to sions as fall within the jurisdiction of the lation pursuant to the following: the Committee on Natural Resources. committee concerned. The constitutional authority of Congress to enact this legislation is provided by Arti- By Mr. RUSH (for himself and Mr. PAL- By Mr. TAKANO (for himself, Ms. MAT- cle I, section 8 of the United States Constitu- LONE): SUI, Mr. HONDA, Mr. GRIJALVA, Ms. H.R. 4630. A bill to deny corporate average tion, specifically caluase 1 (relating to pro- LEE, Mr. TED LIEU of California, Mr. fuel economy credits obtained through a vio- viding for the general welfare of the United BECERRA, Mr. TAKAI, Mr. KILMER, Ms. lation of law, establish an Air Quality Res- States) and clause 18 (relating to the power BORDALLO, Ms. JUDY CHU of Cali- toration Trust Fund within the Department to make all laws necessary and proper for fornia, Mr. DESAULNIER, Mr. GRAY- of the Treasury, and for other purposes; to carrying out the powers vested in Congress), SON, Mr. MCDERMOTT, Mr. MCGOVERN, the Committee on Energy and Commerce, and Article IV, section 3, clause 2 (relating Ms. MOORE, Mr. RANGEL, Ms. SPEIER, and in addition to the Committee on Trans- to the power of Congress to dispose of and Mr. SWALWELL of California, Mr. portation and Infrastructure, for a period to make all needful rules and regulations re- VARGAS, and Ms. MAXINE WATERS of be subsequently determined by the Speaker, California): specting the territory or other property be- in each case for consideration of such provi- H. Res. 626. A resolution recognizing the longing to the United States). sions as fall within the jurisdiction of the significance of the 74th anniversary of the By Mr. HUFFMAN: H.R. 4615. committee concerned. signing of Executive Order 9066 by President Congress has the power to enact this legis- By Mr. RUSSELL: Franklin D. Roosevelt and supporting the H.R. 4631. A bill to amend the Agricultural lation pursuant to the following: goals of the Japanese American, German Risk Protection Act of 2000 to eliminate the Sixteenth Amendment: Congress shall have American, and Italian American commu- authority of the Secretary of Agriculture to power to law and collect taxes on incomes, nities in recognizing a National Day of Re- make value-added agricultural product mar- from whatever shource derived, without membrance to increase public awareness of ket development grants to support the devel- apportionmen tamong the several States, the events surrounding the restriction, ex- opment, production, or marketing of alco- and without regard to any census or enu- clusion, and incarceration of individuals and holic beverages and to rescind a portion of meration. families during World War II; to the Com- the Commodity Credit Corporation funds By Mr. NADLER: mittee on the Judiciary. made available for such grants; to the Com- H.R. 4616. mittee on Agriculture. f Congress has the power to enact this legis- lation pursuant to the following: By Mr. WENSTRUP (for himself and MEMORIALS Mr. DANNY K. DAVIS of Illinois): Clauses 3 and 18 of Article 1 Section 8 of H.R. 4632. A bill to amend title XVIII of the Under clause 3 of rule XII, the US Constitution By Ms. DELBENE: Social Security Act to cover screening com- 174. The SPEAKER presented a memorial H.R. 4617. puted tomography colonography as a of the Senate of the Commonwealth of Penn- colorectal cancer screening test under the Congress has the power to enact this legis- sylvania, relative to Senate Resolution No. lation pursuant to the following: Medicare program; to the Committee on En- 262, urging the Congress of the United States ergy and Commerce, and in addition to the Article I, Section 8, Clause 18. to exercise regulatory control and oversight By Mr. COLLINS of Georgia: Committee on Ways and Means, for a period in order to maintain fair competition, ade- to be subsequently determined by the Speak- H.R. 4618. quate connections with short line railroads, Congress has the power to enact this legis- er, in each case for consideration of such pro- and efficient, low-cost service for rail ship- lation pursuant to the following: visions as fall within the jurisdiction of the pers; which was referred to the Committee Article I, Section 8, Clause 18 of the United committee concerned. on Transportation and Infrastructure. States Constitution, which states that Con- By Mr. ROHRABACHER: gress shall have the power ‘‘to make all laws H.J. Res. 82. A joint resolution relating to f which shall be necessary and proper for car- the disapproval of the proposed foreign mili- CONSTITUTIONAL AUTHORITY rying into execution the foregoing powers, tary sale to the Government of Pakistan of STATEMENT and all other powers vested by this Constitu- F-16 Block 52 aircraft; to the Committee on tion in the government of the United States Foreign Affairs. Pursuant to clause 7 of rule XII of or in any department or officer thereof. By Mr. MURPHY of Pennsylvania (for the Rules of the House of Representa- By Mr. CUMMINGS: himself, Mr. KELLY of Pennsylvania, tives, the following statements are sub- H.R. 4619. Mr. BRADY of Pennsylvania, Mr. mitted regarding the specific powers Congress has the power to enact this legis- BRENDAN F. BOYLE of Pennsylvania, granted to Congress in the Constitu- lation pursuant to the following: Mr. SHUSTER, Mr. COSTELLO of Penn- tion to enact the accompanying bill or Article I, Section VII, Clause III: [The Con- sylvania, Mr. MEEHAN, Mr. MARINO, joint resolution. gress shall have Power] To regulate Com- Mr. MICHAEL F. DOYLE of Pennsyl- merce with foreign Nations, and among the By Mr. WALBERG: vania, Mr. FATTAH, Mr. ROTHFUS, Mr. several States, and with the Indian Tribes. H.R. 4612. DENT, Mr. BARLETTA, Mr. PERRY, Mr. By Mr. HILL: Congress has the power to enact this legis- FITZPATRICK, Mr. CARTWRIGHT, Mr. H.R. 4620. PITTS, Mr. THOMPSON of Pennsyl- lation pursuant to the following: Congress has the power to enact this legis- vania, and Mr. REED): Article I, Section 8, Clause 3 of the Con- lation pursuant to the following: H. Con. Res. 118. Concurrent resolution rec- stitution of the United States; the power to Article I, Section 8, Clause 3 ognizing the soldiers of the 14th Quarter- regulate commerce among the several states By Mrs. CAPPS: master Detachment of the United States and Article I, Section 8, Clause 18 to make H.R. 4621. Army Reserve, who were killed or wounded all Laws which shall be necessary and proper Congress has the power to enact this legis- in their barracks by an Iraqi SCUD missile for carrying into Execution the foregoing lation pursuant to the following: attack in Dhahran, Saudi Arabia, during Op- Powers. Article 1, Section 8, Clause 3 of the eration Desert Shield and Operation Desert The purpose of the bill is to prohibit an Constituion. Storm, on the occasion of the 25th anniver- outgoing Administration from publishing By Mr. CONAWAY: sary of the attack; to the Committee on regulations during a moratorium period de- H.R. 4622. Armed Services. fined by Section 1, Title 3 of the U.S. Code Congress has the power to enact this legis- By Mr. HOYER (for himself, Mr. through January 20 of the following year. lation pursuant to the following: BEYER, Mrs. COMSTOCK, Mr. CON- Congress has the authority to limit regula- Article I, Section 8, Clause 1 NOLLY, Mr. DELANEY, Ms. EDWARDS, tions by the Executive branch under its By Mr. GRIJALVA: Ms. NORTON, and Mr. VAN HOLLEN): Commerce Clause power and it is necessary H.R. 4623.

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Congress has the power to enact this legis- H.R. 379: Mr. CA´ RDENAS. H.R. 3029: Mr. NADLER. lation pursuant to the following: H.R. 501: Mr. KIND and Mr. LAMALFA. H.R. 3048: Mr. CONAWAY, Mr. SESSIONS, Mr. U.S. Const. art. I, §§ 1 and 8. H.R. 532: Mr. LEVIN. POE of Texas, and Mr. BABIN. By Ms. HAHN: H.R. 534: Mr. CURBELO of Florida. H.R. 3071: Mr. SEAN PATRICK MALONEY of H.R. 4624. H.R. 546: Mr. GIBSON. New York, Mr. GARAMENDI, and Mr. Congress has the power to enact this legis- H.R. 563: Mr. CA´ RDENAS and Ms. JENKINS of SWALWELL of California. lation pursuant to the following: Kansas. H.R. 3084: Mr. VALADAO and Mr. CA´ RDENAS. According to Article 1: Section 8: Clause H.R. 592: Mr. LAHOOD and Ms. CASTOR of H.R. 3094: Mr. GOHMERT. 18: of the United States Constitution, seen Florida. H.R. 3137: Mr. HASTINGS. below, this bill falls within the Constitu- H.R. 654: Mr. CARTER of Texas. H.R. 3220: Mr. MARCHANT and Mrs. MILLER tional Authority of the United States Con- H.R. 664: Mr. POE of Texas and Mr. JOLLY. of Michigan. gress. H.R. 731: Mr. BILIRAKIS. H.R. 3222: Mr. FRANKS of Arizona. Article 1: Section 8: Clause 18: To make all H.R. 814: Mr. WEBSTER of Florida. H.R. 3226: Ms. SINEMA and Mr. CAPUANO. Laws which shall be necessary and proper for H.R. 864: Mr. GIBSON. H.R. 3235: Mr. TED LIEU of California, Mr. carrying into Execution the foregoing Pow- H.R. 868: Mr. CHAFFETZ. GRAYSON, Mrs. WATSON COLEMAN, Mr. MEEKS, ers, and all other Powers vested by this Con- H.R. 870: Mrs. CAROLYN B. MALONEY of New Mr. HASTINGS, and Mr. GRIJALVA. stitution in the Government of the United York. H.R. 3299: Mr. JOYCE, Mr. JOHNSON of Ohio, States, or in any Department or Officer H.R. 885: Ms. BONAMICI. and Mr. QUIGLEY. thereof. H.R. 900: Mr. JODY B. HICE of Georgia. H.R. 3308: Mr. KEATING, Mr. LOEBSACK, Mrs. By Mr. HANNA: H.R. 953: Mr. DEUTCH. CAROLYN B. MALONEY of New York, Mr. H.R. 4625. H.R. 969: Mr. KINZINGER of Illinois. CAPUANO, Ms. FUDGE, Mr. COURTNEY, Mr. Congress has the power to enact this legis- H.R. 997: Mr. COLLINS of New York. LYNCH, and Mr. TED LIEU of California. lation pursuant to the following: H.R. 1076: Mr. CARSON of Indiana. H.R. 3326: Mr. HUDSON, Mr. CURBELO of Clause 18 of Section 8 of Article I of the H.R. 1093: Ms. SLAUGHTER, Mr. LUETKE- Florida, Mr. RENACCI, and Mr. EMMER of Min- United States Constitution. MEYER, and Mrs. LAWRENCE. nesota. By Ms. JENKINS of Kansas: H.R. 1101: Mr. MCGOVERN. H.R. 3353: Mr. ROYCE. H.R. 4626. H.R. 1170: Mr. DANNY K. DAVIS of Illinois, H.R. 3377: Mrs. DAVIS of California. Congress has the power to enact this legis- and Mr. STIVERS. H.R. 3406: Ms. FUDGE. lation pursuant to the following: H.R. 1197: Mrs. MCMORRIS RODGERS and Mr. H.R. 3445: Mr. ELLISON. Article I, Section 8: CROWLEY. H.R. 3484: Mr. TAKANO. The Congress shall have Power to lay and H.R. 1233: Mr. RENACCI, Mr. LAHOOD, and H.R. 3514: Mr. CAPUANO. collect Taxes, Duties, Imposts and Excises, Mr. BARR. H.R. 3515: Mr. POMPEO and Mr. WESTERMAN. to pay the Debts and provide for the common H.R. 1391: Ms. MATSUI. H.R. 3533: Mr. GIBSON. Defense and general Welfare of the United H.R. 1421: Mr. JEFFRIES. H.R. 3546: Mr. DEUTCH. States. H.R. 1431: Mr. JODY B. HICE of Georgia. H.R. 3576: Mr. VELA, Mr. GUTIE´ RREZ, Ms. By Mr. LEWIS: H.R. 1432: Mr. JODY B. HICE of Georgia. LOFGREN, and Mr. CUELLAR. H.R. 4627. H.R. 1439: Mr. MEEKS. H.R. 3599: Mr. COOK. Congress has the power to enact this legis- H.R. 1449: Mr. CA´ RDENAS and Ms. MOORE. H.R. 3619: Ms. MENG. lation pursuant to the following: H.R. 1492: Mr. DESAULNIER and Mr. ELLI- H.R. 3706: Ms. NORTON and Mr. LONG. This bill is enacted pursuant to the power SON. H.R. 3713: Mr. POLIS. granted to Congress under Article I of the H.R. 1505: Mr. BILIRAKIS. H.R. 3719: Mr. BUCHANAN. United States Constitution and its subse- H.R. 1516: Mr. ZELDIN. H.R. 3742: Mr. KELLY of Pennsylvania and quent amendments, and further clarified and H.R. 1545: Mr. GIBSON and Mr. GRIFFITH. Mr. MURPHY of Pennsylvania. interpreted by the Supreme Court of the H.R. 1552: Mr. MOULTON. H.R. 3758: Mr. BYRNE. United States. H.R. 1588: Ms. JENKINS of Kansas. H.R. 3765: Mr. HENSARLING. By Mrs. LOWEY: H.R. 1655: Mr. BISHOP of Michigan. H.R. 3779: Mr. BRAT. H.R. 4628. H.R. 1658: Mr. CARTER of Georgia. H.R. 3808: Mr. VALADAO and Mr. FORTEN- Congress has the power to enact this legis- H.R. 1706: Mr. VAN HOLLEN. BERRY. lation pursuant to the following: H.R. 1736: Mr. KINZINGER of Illinois and Mr. H.R. 3913: Mr. BRADY of Pennsylvania, Ms. Article I CLEAVER. DUCKWORTH, and Mr. PAYNE. By Mr. MILLER of Florida: H.R. 1748: Mr. PETERSON. H.R. 3926: Mrs. CAPPS. H.R. 4629. H.R. 1761: Mrs. NAPOLITANO and Mr. POCAN. H.R. 4007: Mr. BABIN. Congress has the power to enact this legis- H.R. 1854: Mr. SHUSTER and Mrs. WATSON H.R. 4016: Mr. LONG. lation pursuant to the following: COLEMAN. H.R. 4019: Ms. MOORE and Mr. HECK of Article 1. Section 8. Clause 3. H.R. 1950: Mr. RIBBLE. Washington. By Mr. RUSH: H.R. 2013: Mr. PASCRELL. H.R. 4062: Mrs. WAGNER. H.R. 4630. H.R. 2102: Mr. FORTENBERRY, Mrs. BEATTY, H.R. 4102: Mr. GRIFFITH. Congress has the power to enact this legis- and Mr. THOMPSON of Mississippi. H.R. 4126: Mr. BURGESS, Mr. BOUSTANY, Mr. lation pursuant to the following: H.R. 2144: Mr. HANNA. ROUZER, Mr. BRAT, Mr. LUETKEMEYER, Mr. The constitutional authority on which this H.R. 2254: Mr. FITZPATRICK. BYRNE, Mr. NEWHOUSE, Mr. WENSTRUP, Mr. bill rests is the power of Congress to make H.R. 2287: Mr. HUDSON. RENACCI, Mr. GRAVES of Missouri, and Mr. rules for the government and regulation of H.R. 2290: Mr. HUELSKAMP. BISHOP of Michigan. the land and naval forces, as enumerated in H.R. 2304: Mr. CHAFFETZ. H.R. 4139: Mr. DELANEY. Article I, Section 8, Clause 14 of the United H.R. 2400: Mr. KATKO. H.R. 4167: Ms. BORDALLO and Mr. BRADY of States Constitution. H.R. 2404: Mr. WHITFIELD. Texas. By Mr. RUSSELL: H.R. 2411: Mr. LEVIN and Ms. MATSUI. H.R. 4197: Mr. HENSARLING. H.R. 4631. H.R. 2460: Mr. CHAFFETZ. H.R. 4219: Mr. HUDSON and Mr. DENT. Congress has the power to enact this legis- H.R. 2493: Mrs. CAROLYN B. MALONEY of H.R. 4229: Mr. COSTELLO of Pennsylvania lation pursuant to the following: New York. and Ms. STEFANIK. Article 1, Section 8, Clause 3 H.R. 2513: Mr. FLEMING. H.R. 4235: Mr. LOWENTHAL and Ms. MCCOL- By Mr. WENSTRUP: H.R. 2539: Mr. CARTER of Georgia. LUM. H.R. 4632. H.R. 2545: Ms. VELA´ ZQUEZ. H.R. 4238: Mr. FARR, Mrs. DINGELL, Mr. Congress has the power to enact this legis- H.R. 2546: Mr. NADLER. GUTIE´ RREZ, and Ms. MOORE. lation pursuant to the following: H.R. 2646: Mr. COOPER. H.R. 4247: Mr. FARENTHOLD and Mr. HURD of Article I, Section 8, Clause 1 H.R. 2721: Mr. HASTINGS. Texas. By Mr. ROHRABACHER: H.R. 2752: Mr. RODNEY DAVIS of Illinois and H.R. 4262: Mr. NEWHOUSE. H.J. Res. 82. Mr. BOUSTANY. H.R. 4266: Ms. MOORE. Congress has the power to enact this legis- H.R. 2817: Mr. CURBELO of Florida. H.R. 4293: Mr. ZINKE and Mr. DUNCAN of lation pursuant to the following: H.R. 2901: Mr. ROYCE. Tennessee. Article I, Section 8, Clause 3. H.R. 2903: Ms. ADAMS. H.R. 4305: Mr. TED LIEU of California and H.R. 2927: Ms. LINDA T. SA´ NCHEZ of Cali- Mr. FITZPATRICK. f fornia, Ms. MICHELLE LUJAN GRISHAM of New H.R. 4320: Mr. DOLD. ADDITIONAL SPONSORS Mexico, Mr. AGUILAR, Mr. CA´ RDENAS, Mr. H.R. 4321: Mr. WENSTRUP. ´ Under clause 7 of rule XII, sponsors GUTIERREZ, Mrs. NAPOLITANO, Ms. ROYBAL- H.R. 4336: Ms. PINGREE, Mr. DEUTCH, Mr. ALLARD, Mr. PIERLUISI, Mr. SERRANO, Mrs. CARTER of Georgia, Mr. MICA, Ms. were added to public bills and resolu- TORRES, and Mr. VARGAS. WASSERMAN SCHULTZ, Miss RICE of New tions, as follows: H.R. 2962: Ms. DUCKWORTH. York, and Mr. RUIZ. H.R. 258: Mrs. BEATTY. H.R. 2980: Mr. STIVERS and Mr. DEFAZIO. H.R. 4352: Mr. BILIRAKIS and Mr. MESSER.

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H.R. 4376: Ms. EDWARDS, Ms. CLARKE of H.R. 4589: Mr. CARTER of Georgia. H. Res. 590: Mr. FARENTHOLD, Ms. ESTY, Mr. New York, Mr. GUTIE´ RREZ, and Ms. LEE. H.R. 4595: Mr. UPTON. MASSIE, Mr. ROSS, and Mr. KING of New H.R. 4381: Mr. SMITH of Texas and Mr. H.R. 4602: Mr. SENSENBRENNER. York. BABIN. H.R. 4603: Mr. SERRANO, Ms. MOORE, and H. Res. 600: Mr. RENACCI. H.R. 4386: Mr. BEYER and Ms. KUSTER. Ms. BASS. H. Res. 616: Ms. ADAMS, Ms. BASS, Mrs. H.R. 4396: Mr. PAYNE, Mr. DEUTCH, Mr. VAN H.J. Res. 1: Mr. CONAWAY. BEATTY, Mr. BECERRA, Mr. BISHOP of Geor- HOLLEN, and Mr. ENGEL. H.J. Res. 2: Mr. ABRAHAM and Mr. CON- gia, Ms. BROWN of Florida, Mr. BUTTERFIELD, H.R. 4400: Ms. DUCKWORTH. AWAY. Mr. CARSON of Indiana, Ms. JUDY CHU of Cali- H.R. 4403: Mr. SHERMAN and Mr. KEATING. H.J. Res. 12: Mr. LOUDERMILK. fornia, Ms. CLARKE of New York, Mr. CLAY, H.R. 4424: Mrs. Beatty, Mr. KLINE, and Mr. H.J. Res. 14: Mrs. WAGNER. Mr. CLEAVER, Mr. CLYBURN, Mr. CONYERS, SIMPSON. H.J. Res. 19: Mr. HARRIS. Mr. COSTA, Mr. DANNY K. DAVIS of Illinois, H.R. 4430: Mr. NOLAN, Mr. ELLISON, and H. Con. Res. 17: Ms. CLARK of Massachu- Mr. ELLISON, Ms. ESHOO, Mr. FARR, Ms. Miss RICE of New York. setts, Mr. BABIN, and Mr. YARMUTH. FUDGE, Mr. GARAMENDI, Mr. GRAYSON, Mr. H.R. 4442: Mr. PAYNE. H. Con. Res. 75: Mr. PALAZZO and Mr. COOK. AL GREEN of Texas, Ms. HAHN, Mr. HASTINGS, H.R. 4469: Mrs. COMSTOCK. H. Con. Res. 100: Mr. FITZPATRICK, Mr. HEN- Ms. JACKSON LEE, Ms. EDDIE BERNICE JOHN- H.R. 4481: Mr. YARMUTH and Mr. HANNA. SARLING, Mr. DENT, and Mr. RATCLIFFE. SON of Texas, Mr. JOHNSON of Georgia, Mrs. H.R. 4490: Ms. NORTON. H. Con. Res. 114: Mr. SMITH of Nebraska LAWRENCE, Ms. LOFGREN, Mr. LOWENTHAL, H.R. 4499: Mr. WALBERG, Mr. CARTER of and Mr. FORTENBERRY. Mr. MCDERMOTT, Mrs. NAPOLITANO, Ms. NOR- Georgia, Mr. JENKINS of West Virginia, and H. Res. 32: Mr. SARBANES. TON, Ms. PELOSI, Mr. PETERS, Mr. POCAN, Mr. Mr. MCKINLEY. H. Res. 49: Ms. VELA´ ZQUEZ. RANGEL, Mr. RICHMOND, Mr. RUIZ, Mr. RUSH, H.R. 4514: Mr. ASHFORD, Mr. CUELLAR, Mr. H. Res. 220: Mr. FITZPATRICK, Mr. LEVIN, Mr. SCOTT of Virginia, Mr. SHERMAN, Ms. MEADOWS, and Mr. LAMBORN. and Mr. CICILLINE. SPEIER, Mr. TAKANO, Mr. THOMPSON of Cali- H.R. 4519: Mr. TAKANO. H. Res. 290: Mr. CICILLINE. fornia, Ms. MAXINE WATERS of California, H.R. 4521: Mr. DESAULNIER. H. Res. 343: Mr. FRANKS of Arizona, Mr. Mrs. WATSON COLEMAN, Ms. WILSON of Flor- H.R. 4527: Miss RICE of New York. COSTELLO of Pennsylvania, Ms. LORETTA ida, and Ms. MATSUI. H.R. 4528: Ms. ESHOO. SANCHEZ of California, and Mr. BYRNE. H.R. 4537: Mr. HENSARLING and Mr. LUCAS. H. Res. 469: Mr. O’ROURKE, Mr. ENGEL, and H. Res. 617: Mr. DESJARLAIS, Mr. SANFORD, H.R. 4557: Mr. MURPHY of Pennsylvania, Mr. COOK. Mr. GOSAR, Mr. BUCK, Mr. HARRIS, Mr. SALM- Ms. GRANGER, and Mr. SESSIONS. H. Res. 551: Mr. MARINO, Ms. MOORE, Miss ON, Mr. GIBBS, Mr. BABIN, Mr. LAMBORN, Mr. H.R. 4570: Mr. HANNA, Ms. NORTON, and RICE of New York, Mr. AL GREEN of Texas, STUTZMAN, Mr. BARR, Mr. OLSON, Mr. KING of Mrs. MILLER of Michigan. Ms. MCSALLY, and Mr. COSTELLO of Pennsyl- Iowa, Mr. HUELSKAMP, and Mr. TIPTON. H.R. 4583: Mr. BUTTERFIELD and Mr. GRIF- vania. H. Res. 623: Mr. WESTERMAN and Mr. FITH. H. Res. 567: Mr. LANCE. DESAULNIER.

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Vol. 162 WASHINGTON, THURSDAY, FEBRUARY 25, 2016 No. 30 Senate The Senate met at 9:30 a.m. and was alone. This is a devastatingly high with the senior Senator from Iowa and called to order by the President pro number, among the highest rates in the me to pass our legislation to reauthor- tempore (Mr. HATCH). Nation, but it is even more heart- ize grants for local communities, there f breaking when you consider the real- are many opportunities for Senators to world toll substance abuse can take on PRAYER help ensure we respond to the drug epi- friends and family members, not to demic wreaking havoc on our commu- The Chaplain, Dr. Barry C. Black, of- mention their children. The trickle-down effects of opioid nities at home. For example, there are fered the following prayer: a number of other important pieces of Let us pray. and heroin abuse are palpable and related legislation in the Senate. Eternal God, You have withheld widespread, lasting and cyclical, but nothing we need. Today, meet the there are steps we can take today to This week Senators discussed one of needs of our lawmakers. Give them so help families impacted by drug abuse these bills in the Finance Committee. much more than they expect or deserve and keep more families from ever going It would allow Medicare Advantage and that they will sing praises for Your through it to begin with. That is why I Part D plans to implement a prescrip- goodness. In these days of unprece- am proud to join my colleague, the sen- tion drug abuse prevention tool similar dented challenges and opportunities, ior Senator from Iowa, in introducing to what is already available and used empower them with faith, courage, and the Protecting Families Affected by in Kentucky in the Medicaid Program Substance Abuse Act, which would re- good will to make the world a better and in private plans. I was proud to authorize grants to help children in place. Lord, use them as Your servants join the junior Senator from Pennsyl- to bring healing to our Nation and foster care or at risk of being placed there because of their parents’ drug vania as a cosponsor of that bill as world. well. Today we also pray for the ill, the be- habits. This is what one Kentucky reaved, the infirmed, the discouraged, group said about their experience with Of course, there is the Comprehensive and the lonely. Keep them as the apple these grants: Addiction and Recovery Act, CARA. of Your eye; hide them in the shadow The Regional Partnership Grants have The junior Senators from Ohio and of Your wings. been integral to the implementation of Ken- New Hampshire have been leading the We pray in Your merciful Name. tucky-START, which has helped more than charge on that effort, and I thank the 800 Kentucky families and more than 1,600 Amen. Kentucky children. It’s programs like these, chairman of the Judiciary Committee, f which focus on better outcomes for children Senator GRASSLEY, and the chairman and safely reuniting families, that are help- of the HELP Committee, Senator PLEDGE OF ALLEGIANCE ing combat the negative effects of the opioid, ALEXANDER, for working together to The President pro tempore led the heroin, and other drug epidemics facing the have the bill reported out of Judiciary, Commonwealth. Pledge of Allegiance, as follows: and it came out of the Judiciary Com- I pledge allegiance to the Flag of the I am also proud of the work that is mittee on a voice vote. United States of America, and to the Repub- being done in the Commonwealth to lic for which it stands, one nation under God, address the opioid crisis, particularly In the coming days we will be work- indivisible, with liberty and justice for all. in rural communities. For instance, ing to move that important bipartisan f the Appalachia High Intensity Drug bill forward. It has garnered a great Trafficking Areas Program, HIDTA, deal of support from both sides of the RECOGNITION OF THE MAJORITY was recently recognized by Director aisle because of its provisions to ex- LEADER Botticelli and the Office of National pand prevention and educational ef- The PRESIDING OFFICER (Mr. Drug Control Policy as the top pro- forts, strengthen prescription drug- HELLER). The majority leader is recog- gram of its type for 2015. I recognize all monitoring programs, improve treat- nized. they have done in the fight against ment programs, and give law enforce- f drug trafficking and illegal drug use. I ment officials more of the tools it have no doubt that without their ef- needs to address this awful epidemic. PROTECTING FAMILIES AFFECTED forts and those of the other leaders in BY SUBSTANCE ABUSE ACT the Commonwealth, the toll of the epi- With bipartisan support, we can pass Mr. MCCONNELL. Mr. President, by demic would be much greater than it legislation such as CARA and the oth- now, many know the numbers. Over- already is. ers I have discussed today in order to dose deaths in Kentucky were respon- So whether it is working to support promote healthier families and a sible for more than 1,000 deaths in 2014 the local HIDTAs or working together healthier country.

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

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VerDate Sep 11 2014 23:38 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.000 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S1018 CONGRESSIONAL RECORD — SENATE February 25, 2016 CONFIRMATION OF ROBERT fice.’’ I wish to repeat that. We swear ought to come with an open mind, do CALIFF to ‘‘faithfully discharge the duties of the research, do the reading, and then office.’’ Mr. MCCONNELL. Mr. President, in be able to ask the nominee about them. One cannot see how Republicans can the meantime, we took a step forward I agree. The Senate should be able to claim to uphold this oath as they block yesterday by confirming the new FDA research the background of the Presi- the President from appointing a new Commissioner, Dr. Robert Califf. In a dent’s Supreme Court nominee and ask Supreme Court Justice. Senate Repub- recent meeting with Dr. Califf, I ex- any questions they may have about licans are making pledges of a different pressed my concerns regarding the epi- them. Why—why—for the first time in sort these days. They have vowed to demic at hand and the need for more history, do we have this situation? not hold hearings—even though deny- Why do Republicans—the Republican action by the FDA. ing a hearings is unprecedented in his- I was encouraged by Dr. Califf’s rec- Senator from Texas, whom I just tory. They have sworn not to meet quoted, and all Republicans—refuse to ognition that the opioid epidemic is a with the President—I am sorry, with serious problem and the FDA must do a even meet with a nominee? his nominee and maybe even him. He I say to my Republican friends, you better job of addressing it. Dr. Califf has been waiting for word from the received broad bipartisan support yes- cannot offer advice and consent on a chairman of the Judiciary Committee nominee you have never met, never terday in the Senate, and we look for- and the Republican leader to find out if ward to working with him. I will con- considered. It is impossible. Maybe Re- they are willing to come and meet with publicans are hoping the Supreme tinue to hold him accountable to lead him in the White House. That has been the FDA in a new direction to help pre- Court vacancy will just go away, but it going on for several days now. They will not. Maybe Senate Republicans vent dependence and abuse of prescrip- have sworn not to meet with the Presi- tion opioids. think they will only endure a few dent’s Supreme Court nominee, even weeks of negative stories—and there f though they don’t know who that per- have been negative stories, of course. RECOGNITION OF THE MINORITY son might be. By refusing to hold con- There are no positive stories that I am firmation hearings for President LEADER aware of saying: That is great. For the Obama’s Supreme Court nominee or to first time in history you are not even The PRESIDING OFFICER. The hold a vote, they undermine the Presi- Democratic leader is recognized. willing to meet with a nominee. I guess dency, the Constitution, and the Sen- they believe the American people will f ate. forget about this vacancy, but they Senate Republicans are known—and will not. OPIOID ADDICTION have been for some time now—as a set Democrats are going to fight every Mr. REID. Mr. President, I join the of human brake pads, obstructing, fili- day to ensure that this important Republican leader on the need to ad- bustering virtually everything Presi- nominee gets a dignified confirmation dress the scourge of opioid addiction. It dent Obama has had on his agenda, but process that past Senates have afforded is a scourge. That is why it is more im- this raises obstruction to a new level all Supreme Court nominations. I, portant than ever that we back our never seen before in this country—the along with every other Member of the words with real solutions, real re- Supreme Court: no hearings, no vote, Democratic caucus, will be on the floor sources. and yesterday even more. They even next week, the week after that, and the That is why the amendment by Sen- refuse to meet with this man or woman week after that, as long as it takes, to ator SHAHEEN to the opioid bill will be who is going to be nominated—no bring to the attention of America the important. I hope it gets every consid- meetings, no meetings with the nomi- failure of this Republican Senate to eration, and I hope it passes. nee to the Supreme Court, a person put forth by the President of the United meet its constitutional mandate. f States because the Constitution states Pretending the nominee doesn’t exist FILLING THE SUPREME COURT he shall nominate. He has no discre- will not make the Supreme Court va- VACANCY tion, he shall nominate. cancy go away. It will not make the President’s nomination vanish. Rather, Mr. REID. Mr. President, I start with By refusing to even sit or talk with it leaves the American people with a a statement the Republican leader any nominee, they make a mockery of Senate full of Republicans who, as the made on the Senate floor in 2007: ‘‘I the office to which the American peo- Republican leader said, are ‘‘retreating will never agree to retreat from our re- ple elected them. Think about this. Republicans will from their responsibilities.’’ That is sponsibility to confirm qualified judi- not do their due diligence by speaking what the Republican leader said. Their cial nominees.’’ with a nominee to assess his or her obstruction of the President’s Supreme I wish to repeat: ‘‘I will never agree qualifications. Meeting with the nomi- Court nominee is abdication of the to retreat from our responsibility to nee is basic. Holding a hearing is rou- oath my Republican colleagues took confirm qualified judicial nominees.’’ tine. These things are common sense, when they assumed the title of U.S. My Republican counterpart said that. so why won’t Republican Senators Senator. They are his own words. make an effort to uphold their con- Once again I tell my Republican Fast forward 9 years to today, now. stitutional responsibilities? friends: Don’t run away from your re- Not only is the senior Senator from U.S. Senators have an obligation to sponsibilities, just do your job. Do your Kentucky abandoning his responsi- evaluate the Presidential nominations, job. bility to confirm a Supreme Court Jus- not only for the Supreme Court but for Mr. President, will the Chair an- tice, he is leading the entire Repub- every nomination that comes forward— nounce the business of the day. lican caucus to retreat from their con- but especially the Supreme Court. That stitutional obligation. This is unfortu- means sitting down with the nominee. f nate because the Republican leader was That means holding hearings to learn right 9 years ago. As Senators, we have about their record and qualifications RESERVATION OF LEADER TIME a responsibility to uphold a number of for the position, and that means a vote. The PRESIDING OFFICER. Under things, but one certainly is the Con- The senior Senator from Texas said the previous order, the leadership time stitution. That responsibility is clearly the same about 7 years ago. After Jus- is reserved. outlined in the oath we take before we tice Sonia Sotomayor was nominated, are sworn into office—right there. the assistant Republican leader told C– f Every one of them has done it. What SPAN that ‘‘my own view is that we MORNING BUSINESS are we asked to confirm, to swear to? ought to come with an open mind and We swear to ‘‘support and defend the do the research and do the reading . . . The PRESIDING OFFICER. Under Constitution of the United States.’’ We and then be able to ask the nominee the previous order, the Senate will be swear to ‘‘bear true faith and alle- about them.’’ in a period of morning business, with giance to the same.’’ We swear to What he said, the senior Senator Senators permitted to speak therein ‘‘faithfully discharge the duties of of- from Texas, is that his view is that we for up to 10 minutes each.

VerDate Sep 11 2014 23:38 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.002 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 25, 2016 CONGRESSIONAL RECORD — SENATE S1019 WATERS OF THE UNITED STATES eters that the agencies have placed in the unprofitable, you lose your right to ever RULE AND FILLING THE SU- WOTUS rule. He noted the rule is filled with grow it again.’’ PREME COURT VACANCY vague language like adjacent waters and Duarte also noted that when federal in- tributaries, which are difficult to clarify. spectors came out to his farm, they used a Mr. GRASSLEY. Mr. President, I rise As broad as possible. ‘‘They want the backhoe to dig deep pits in the wetlands. ‘‘If for the purpose of showing how one bu- Waters of the United States to be as broad as you do that, you can break through the im- reaucracy, the Corps of Engineers—and they can get it so it can be applied to every pervious layer and damage the wetland, but to some extent the EPA working with farm in the country,’’ Parish said. it does not seem to be a problem if you are them—has already made farming very Iowa Farm Bureau Federation and other a government regulator.’’ To date, his family has spent some $900,000 difficult and how, if the waters of the organizations have worked hard to stop the WOTUS rule, which was imposed last year in legal fees. United States rule goes into effect, it but has been temporarily suspended by court Let me say something parentheti- can be much worse than even what I rulings. The rule was designed to revise the cally here. If we had to spend $900,000 am going to be referring to. definition of what is considered a ‘‘water of in legal fees, the Grassleys might as Now, I am going to quote word for the United States’’ and is subject to Federal well get out of farming. Now I want to word a farmer’s problem from the Iowa regulations under the Clean Water Act. go back to quoting, so I am going to Farm Bureau’s Spokesman dated Janu- But instead of adding clarity, IFBF and start that paragraph over. ary 27, 2016, and then I am going to others contend the rule has only added ambi- make some comments on it. guity, leaving farmers, like Duarte, facing To date, his family has spent some $900,000 the potential of delays, red tape and steep For that reason, since I am told the in legal fees. That is separate from the work fines as they complete normal farm oper- by the Pacific Legal Foundation, which rep- next speaker is not going to come until ations, such as fertilizing, applying crop pro- resents the clients it takes for free and is 10:15, I ask unanimous consent to con- tection chemicals or moving dirt to build supported by foundations. tinue until that time. conservation structures. It would have been easier, and cheaper, to The PRESIDING OFFICER. Without Another problem, Duarte said, is that the comply with the wishes of federal agencies objection, it is so ordered. agencies are piling the WOTUS law with and given up use of the land. Many Cali- Mr. GRASSLEY. Mr. President, be- other laws, such as the Endangered Species fornia farmers who found themselves in a fore I start quoting, this is a story Act, to dictate how farmers use their own similar situation have done just that, Duarte land or to keep them from farming it at all. said. about a California farmer by the name ‘‘They aren’t just trying to micromanage Another two-word headline: of John Duarte, of Tehama County, CA. farmers. They’re trying to stop farmers,’’ The title is ‘‘One farmer’s ordeal may Duarte said. ‘‘They’re trying to turn our Banding together. However, it’s important to stand and fight signal agencies’ actions under farmland into habitat preservation. They are the agencies’ attempt to bend the CWA, En- simply trying to chase us off of our land.’’ WOTUS.’’ dangered Species Act and other laws to take Duarte, who operates a successful nursery All John Duarte did was hire a guy to plow control of private lands. And it’s important that raises grapevines and rootstock for nut some grazing land so that he could raise for farmers to band together with Farm Bu- trees, was first contacted by the Corps of En- wheat on 450 acres that his family had pur- reau and other groups that oppose the gineers in late 2012. In early 2013, the Corps chased in California’s Tehama County, north WOTUS rule. sent a cease-and-desist letter to Duarte, or- of Sacramento. The land had been planted to ‘‘We are not against the Clean Water Act dering suspension of farming operations wheat in the past. The wheat market was fa- or the Endangered Species Act as they were based on alleged violations of the CWA. vorable and the farmer made sure to avoid intended,’’ Duarte said. ‘‘But this is not how The Corps did not notify the farmer of the some wet spots in the field, called vernal those acts are supposed to be enforced. We allegations prior to issuing the letter or pro- pools, which are considered wetlands. are getting entangled in regulation, and the vide Duarte any opportunity to comment on But that plowing, which disturbed only the noose seems to be tighter every year.’’ the allegations. top few inches of soil, unleashed a firestorm I said that I would comment after I from the U.S. Army Corps of Engineers, the The agency, Duarte said, wrongly accused Environmental Protection Agency, and other him of deep ripping the soil and destroying read that. For people who may be just regulators against the California Farm Bu- the wetlands in the field. However, he had listening, I just read an article that reau member. The regulators’ actions only had the field chisel plowed and was ran on the front page of the Iowa Farm stopped Duarte from raising wheat, tried to careful to avoid the depressions or vernal Bureau Spokesman. The problems il- force him to pay millions of dollars to re- pools. lustrated by this article are all occur- It’s also important to note, Duarte said, store the wetlands in perpetuity—although ring under current law with regard to there was no evidence of damage—and that plowing is specifically allowed under the CWA. Congress specially added that pro- farmers wanting to make a living by sparked lawsuits and counter-lawsuits. planting wheat in their fields. In the Duarte’s experience could well turn out to vision to keep farmers from having to go be an example of how the agencies will treat through an onerous permitting process for case of Mr. Duarte, government regula- farmers in Iowa and all over the country doing fieldwork, he said. tions from the EPA and the Corps of under the expansive Waters of the United Deciding to Fight. Engineers are making his life miser- States rule, according to Duarte, his attor- That is a headline. able with the threats of millions of dol- neys and experts at the American Farm Bu- Instead of capitulating to the Corps, lars of fines. reau Federation. Duarte decided to fight the case in court. As the article stated, regulators at ‘‘This really shows how these agency ac- His lawsuit was met by a countersuit from one point tried to claim that ‘‘the bot- tions can play out on a specific family the U.S. Justice Department, seeking mil- tom of the plowed furious were still farm,’’ Duarte said recently during a press lions of dollars in penalties. The case is ex- wetlands, but the ridges of the furrow conference at the American Farm Bureau pected to go to trial in March. Federation annual convention in Orlando. had been converted to upland.’’ That is ‘‘We aren’t concerned about it because John Meaning March right around the cor- ridiculous. The EPA is out of control. Duarte is having a bad time with the feds. ner. You might remember the fugitive We are concerned because this is a very seri- The case, Duarte said, has raised some ab- dust rule of a few years ago. I don’t ous threat to farming as we know it in surd charges by the agencies. At one point, think now they are trying to push it, America.’’ the government experts claimed that the but the EPA was going to rule that you Although the EPA and other agencies con- bottom of the plowed furrows were still wet- had—when you are a farming oper- tinue to say to farmers that the WOTUS rule lands, but the ridges of the furrow had been ation, you have to keep the dust within will not affect normal farming practices, converted to upland, he said. such as plowing, Duarte’s case shows that it In another, an agency official claimed that your property lines. So I tried to ex- will, said Tony Francois, an attorney with Duarte had no right to work the land be- plain to the EPA Director: Do you the Pacific Legal Foundation, which is rep- cause it had not been continuously planted know that only God determines when resenting Duarte. to wheat. the wind blows? When you are a farmer ‘‘Anyone who is being told not to worry However, he said, the previous owner had and your soybeans are at 13 percent about the new WOTUS rule, they should be stopped planting wheat because the prices moisture, you have about 2 or 3 days to thinking about this case,’’ Francois said. were low. save the whole crop and get it har- ‘‘The very thing they are telling you not to ‘‘They said it was only exempt if it was vested. worry about is what they are suing Duarte part of an ongoing operation,’’ Duarte said. over—just plowing.’’ ‘‘There is no law that says farmers have to The farmer does not control the Don Parish, [American Farm Bureau Fed- keep growing crop if there is a glut and wind. The farmer does not control eration] senior director of regulatory rela- prices are in the tank. But by the Corps when the beans are dry, ready for har- tions, said a big problem is the wide param- thinking, if you don’t plant wheat when it is vest. When you combine soybeans, you

VerDate Sep 11 2014 23:38 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.003 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S1020 CONGRESSIONAL RECORD — SENATE February 25, 2016 have dust. There is no way you can This sort of executive action by the abuse. This is an epidemic that is truly keep that dust within your boundaries. EPA and the Corps of Engineers is kind unbelievable in scale. It is affecting But as Washington is an island sur- of an example of the WOTUS rules, people of all ages, all ethnic groups, all rounded by reality, you can see the fu- kind of an example of what we get out demographics, all income classes, all gitive dust rule does not meet a com- of this President. The President packed geography. It is everywhere, and it is a monsense test, and you can see that the DC Circuit Court of Appeals, which huge problem. I have heard about it in what they are trying to do to Duarte reviews these regulations, so they are every county I have visited in my does not reach a commonsense test. going to have a friendly judge who says State. In all 67 counties of Pennsyl- Again, referring to the newspaper ar- that whatever these bureaucrats do vania, I have heard about how big this ticle I just read, if the EPA and the that may even be illegal or unconstitu- problem is. In fact, more Pennsylva- Corps of Engineers are going around to tional, they can get away with it. nians will die this year from heroin farmers’ fields making determinations Then, if that goes to the Supreme overdoses and the misuse of opioid about wetlands based on tillage prac- Court—we had an example just re- tices under current law, imagine what painkillers than from the flu or homi- cently, about 1 week or so before Scalia cides. they might do if this new waters of the died—a 5-to-4 ruling holding up some United States rule goes into effect— other ridiculous EPA rules. I wanted to learn more about this, so now being held up by the courts. Everybody wonders why everyone last fall I convened a hearing of the Just think how you would feel if your around here is saying they are con- Senate Finance Subcommittee on family farm had survived for decades, cerned about who is going to be on the Health Care, which I chair. Senator overcoming droughts, overcoming Supreme Court. It’s because of these 5- CASEY joined me in that hearing at Al- flooding, overcoming price declines— to-4 decisions. We’re concerned about legheny General Hospital in Pitts- and you can name 10 other things that the role of the Supreme Court in our burgh, where we had this, to learn a farmer has no control over—and then constitutional system. The American more to understand about the nature you have to put up with this nonsense. people deserve to have their voices and scale of this huge opioid addiction However, one day a government regu- heard before the Court becomes dras- problem and what we might do about lator could show up at your farm and tically more liberal. I bet the Presiding it. I was surprised when I got to the hit you with excessive fines, and the Officer has people come to his town room. It was a huge auditorium, and it next thing you know, your family farm meetings, as I do, and say: Why don’t was standing room only. The room was is being auctioned off. That may sound you impeach those Justices, because completely packed with people because absurd, but that is the reality of they are making law, instead of inter- this epidemic is affecting virtually threats posed by the EPA. Mr. Duarte’s preting law as the Constitution re- case is the proof. every family. It affects almost all of us We have no shortage of assurances quires?’’ Well, you can’t impeach a Jus- at some level and in some way. It is from the EPA Administrator that the tice for that. But this does raise some- tearing families apart. It is taking the plain language in the WOTUS rule will thing very basic: What is the role of lives of people who are in the prime of not be interpreted in a way that inter- the Supreme Court in our constitu- their lives. It is a huge problem. tional system? It hasn’t been debated feres with farmers. It is hard to take The hearing was very helpful in illu- in Presidential elections for I don’t some assurances seriously when they minating some aspects of the nature of know how long. There is a chance for are interpreting current law in such an the problem. We had medical profes- aggressive way. this to be debated in the Presidential election and maybe lay out very clear- sionals who are dealing with the treat- We have to stop the WOTUS rule so ment, and we had people who are suf- ly where Hillary Clinton or BERNIE the bureaucrats don’t become even fering from addiction. A recovering ad- SANDERS is coming from on one hand, more powerful. The WOTUS rule is too dict who has put her life back together vague and allows way too much room or where our Republican nominee, who- told a very compelling story about for regulators to make their own inter- ever that is going to be, is coming from what she went through. We had people pretations about jurisdiction. So we and what type of people they are going in law enforcement. So we had a lot of should all continue to fight against the to put on the Court. WOTUS rule and all other actions the I have about 30 seconds, and I will be testimony with different perspectives. EPA is taking that are ridiculous ac- done. One of the things I took away is that tions against farmers. We are presented with an oppor- there are at least three categories of We have checks and balances in gov- tunity, here. The American people have ways we can help try to deal with this ernment. The Congress tried three an opportunity to debate about the huge scourge. One is the problem of the times to stop the WOTUS rule. Senator proper role for a Supreme Court Jus- overprescription of narcotics, the over- BARRASSO tried to pass legislation tak- tice. The American people can decide prescription of painkillers, opioids, ing away the authority or modifying whether they want another Justice which are chemically very similar to the authority. That got about 57 votes who just decides cases based on what heroin. A lot of people begin their ad- but not 60 votes, so that could not they feel in their ‘‘heart,’’ and who diction with these prescriptions, and move forward. The junior Senator from buys into this notion of a ‘‘living Con- then when they can no longer obtain or Iowa, my friend Senator ERNST, got a stitution,’’ or whether they want a afford the prescription opioids, they congressional veto through, a resolu- man or woman who believes the text move on to nonprescription forms, such tion of disapproval, with 52 votes. It means what it says on the Supreme as heroin, and it usually goes downhill went to the President. He vetoed it. So Court. very dramatically from there. So re- we did not override it that way. Then, I yield the floor. ducing overprescription has to help. of course, we tried an amendment on The PRESIDING OFFICER (Mr. There are ways to deal with that. A the appropriations bill, but we could ROUNDS). The Senator from Pennsyl- not get that into the appropriations vania. second is to reduce the diversion of these opioids when they are being pre- bill before Christmas. So we have tried f three things. But thank God the courts scribed. My legislation really does STOPPING MEDICATION ABUSE have held up WOTUS through the Sixth focus on that. The third is, we need AND PROTECTING SENIORS ACT Circuit Court of Appeals. So tempo- better treatment and we need better rarily, at least, waters of the United Mr. TOOMEY. Mr. President, I rise outreach. We need better ways of treat- States can’t move ahead. this morning to address a huge problem ing people. We need to treat the addic- This brings back something that is that is happening in every one of our tion, but also, many people find them- very current right now: Why should we States and in all of our communities selves addicted after they develop a be concerned about who the next per- and to talk about a bill that is meant mental health problem that is an un- son on the Supreme Court is going to to be helpful in this area. It is about derlying problem that contributes to be? Because we have a President who the huge problem we have with opioid the addiction. We have to do a better said: I have a pen and a phone, and if abuse, opioid addiction, including both job identifying and helping people with Congress won’t act, I will. prescription and heroin addiction and mental health problems.

VerDate Sep 11 2014 23:38 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.005 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 25, 2016 CONGRESSIONAL RECORD — SENATE S1021 We have many aspects to this chal- a good coordination of the care for seniors be identified as such so they lenge that arises from this terrible epi- those patients. There is nobody coordi- can get the treatment they need. It is demic, but let me focus in on one as- nating what all of the doctors are going to stop the diversion of these pect of this, the overprescription and doing, so doctors separately and—if it powerful narcotics. It is going to save the diversion of prescription narcotics. weren’t for what other doctors are taxpayers money. CBO estimates that The Government Accountability Of- doing—appropriately give a prescrip- $79 million over 10 years will be saved fice estimated that in 1 year alone, tion for a powerful narcotic. They by bringing an end to these illegal pre- there were 170,000 Medicare beneficiary don’t know there is another doctor scriptions. And it is going to reduce enrollees engaged in doctor shopping. doing the same thing. This patient un- the quantity of these terribly powerful Doctor shopping is the process whereby wittingly ends up with an excessive drugs on the streets. a person goes to multiple doctors, gets quantity of these opioids, which dra- This legislation has very broad bipar- multiple prescriptions for perhaps the matically increases the risk that the tisan support. Just last weekend the same opioid—maybe oxycodone or patient will become addicted and will National Governors Association came some other kind of painkiller—then suffer any number of very harmful con- out fully in favor of adding a lock-in goes to multiple pharmacies to get sequences. provision for Medicare. We had nearly them all filled and ends up walking out So we have the fraudulent cases of identical language passed in a bill in of the pharmacy with a huge quantity excessive prescriptions and then we the House as part of the 21st-century of these very powerful, very addictive have the innocent cases, but both are cures legislation, which passed over- opioids, which they then sell on the problems. The legislation I have intro- whelmingly. The support includes the black market. It is a very valuable duced addresses both problems. First, I President of the United States. His commodity on the black market. The want to thank the cosponsors, the co- budget has repeatedly asked Congress GAO found that there was one bene- author of the bill. Senator SHERROD to give Medicare this authority. CMS’s ficiary who visited 89 different doctors BROWN from Ohio is the lead Democrat Acting Administrator, Andy Slavitt, in a single year, all for the same kind on this bill. It is a bipartisan bill. Sen- just recently, before our committee, of prescriptions. There is another bene- ator PORTMAN and Senator KAINE have said this legislation makes ‘‘every bit ficiary who received prescriptions for also been very helpful. They are origi- of sense in the world.’’ We have the 1,289 hydrocodone pills. That is a 490- nal cosponsors of the bill. It is called support of the CDC Director; the White day supply. You are not supposed to Stopping Medication Abuse and Pro- House drug czar; Pew Charitable get more than a 30-day supply. tecting Seniors Act. We now have 25 Trusts; Physicians for Responsible The inspector general found that a cosponsors. Opioid Prescribing; many law enforce- midwestern pharmacy billed Medicare We had a very constructive hearing ment groups; senior groups, such as the for reimbursement of over 1,000 pre- last week in the Senate Finance Com- Medicare Rights Center. This is a list scriptions for each of just 2 bene- mittee about this legislation, this ap- of just some who support this legisla- ficiaries—1,000 prescriptions per bene- proach. Senator HATCH said he hopes tion. ficiary—and one physician ordered all the bill will move very soon. I hope the This is really just common sense. We the prescriptions for one of those bene- bill will move very soon. It is very im- already have this capability in Med- ficiaries. portant. icaid. We already have this capability Last April, the DEA indicted two Here is what it does. When Medicare in private health insurance. It is long doctors in Mobile, AL, who were writ- discovers that a beneficiary is obtain- past due that Medicare have the ability ing prescriptions for massive amounts ing multiple prescriptions well beyond to protect seniors from accidental ex- of pain pills that were then filled at the what any individual should appro- cessive prescriptions but also to pre- pharmacy next door to the pain clinic priately have, then Medicare would vent people from committing fraud, they also owned. have the authority to require that per- which we know is happening on a very The examples go on and on. This is son to get their prescriptions in the fu- large scale today. fraud. Let’s be clear that that is what ture from one doctor and get it filled at I am not aware of any opposition to it is. This is fraud. This is people who one pharmacy. It is called lock-in be- this. We have broad bipartisan support. are systemically abusing these pro- cause you are locked in to a single doc- I am hoping we can get this passed grams so they can obtain commercial- tor and you are locked in to a single very soon, certainly in the next week scale quantities of a very valuable nar- pharmacy. In one step, that would go a or so. The House will certainly pass cotic, which is also very dangerous and very long way to making it very dif- this, as it already has as part of the very addictive, because it can be lucra- ficult to commit this kind of fraud or 21st-century cures legislation, and we tive. Why is it lucrative? In part, be- to accidentally obtain more prescrip- can get this to the President and get cause the American taxpayer pays for tions than you ought to have. this signed into law and start to help their supply. That is how outrageous This procedure is not a new concept. save lives and save taxpayers money at this is. People are getting multiple pre- It already exists in Medicaid. It is used the same time. scriptions, going to multiple phar- every day in Medicaid to protect inno- Mr. President, I yield the floor. macies, and when the prescription is cent people from excessive prescrip- The PRESIDING OFFICER. The Sen- filled at all of these pharmacies on tions and to protect taxpayers from ator from Florida. these multiple occasions, the bill is fraudulent abuse. It is done by private f submitted to Medicare, and Medicare carriers all the time. Private health in- reimburses. surance carriers use this lock-in mech- SMARTPHONE SECURITY Think about this. We have this crimi- anism when they discover excessive Mr. NELSON. Mr. President, on De- nal enterprise where the supply of nar- prescriptions being written. It is de- cember 2, 2015, 14 innocent souls in San cotics is being paid for by taxpayers, signed in a way—as these other pro- Bernardino were gunned down in a vio- and then the people who fraudulently grams are, the private and Medicaid— lent act of terrorism, and it involved obtain these drugs go out and sell them so that no one who legitimately needs one of these, an iPhone. This item has in what I am sure is a very lucrative a prescription—because there are le- become ubiquitous, and a lot of us arrangement. This is beyond out- gitimate prescriptions for opioids and carry them around in our pocket. Yet rageous; It is the description of the ob- for narcotics. No one who has a legiti- almost 3 months later, law enforce- viously fraudulent. mate need will have an access problem. ment has not been able to fully access There is another category of people People will still be able to obtain ex- the iPhone—the one used by the terror- who end up with multiple prescriptions actly what they need. The lock-in ap- ists in gunning down these 14 people. and it is completely innocent. There is plies only to a narrow category of con- The information on this particular no criminal intent whatsoever, no trolled substances, schedule II con- iPhone could shed some light on how criminal activity. It is especially elder- trolled substances, which is what we he planned the attack with his wife and ly people who have multiple illnesses think is appropriate. would obviously give authorities an op- and they have different doctors who I think this is going to be very help- portunity to see if others were involved treat them. In many cases, there is not ful. It is going to help opioid-addicted in the attack. The contacts in that

VerDate Sep 11 2014 23:38 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.007 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S1022 CONGRESSIONAL RECORD — SENATE February 25, 2016 iPhone could indicate whether there Let me go back over this again. We but childish tantrums are not appro- were other terrorists in the United have a dead terrorist. He and his wife priate for the Senate. I think if my States or abroad who helped them in killed 14 Americans. We have that dead friend Senator BIDEN had been in the that attack. Yet 3 months after these terrorist’s iPhone, and we have a Fed- Chamber yesterday, he would have murders, the FBI cannot access the eral judge’s order that says we have said—as we have heard him say so contents of the iPhone because a secu- the right to get that information in many times—‘‘that is a bunch of ma- rity feature on the iPhone potentially order to protect the Nation and its peo- larkey.’’ erases its contents after 10 incorrect ple. It is just like if we had this ter- I didn’t come to the floor today to passwords are entered. The maker of rorist, dead or alive, and we needed to talk about the minority leader. How- the iPhone, Apple, says it would need get an order to invade that person’s ever, I did want to follow up on my re- to develop new software—software that privacy to get into their home and get marks from earlier this week on the it claims does not exist today—in order evidence to protect the Nation from Biden rules. Now, in fairness, Senator to disable that feature. other terrorist attacks. There would BIDEN didn’t just make these rules up If this security feature were to be certainly be no objection to that. The out of thin air. His speech, back in 1992, disabled by Apple, the FBI could use judge’s order would be the protector of went into great historical detail on the what it calls ‘‘brute force attack,’’ that privacy. This is a similar situa- history and practice of vacancies in which is the ability to run different tion, except the FBI has an iPhone and Presidential election years. He dis- combinations of numbers through the they still can’t get the information in cussed how the Senate handled these iPhone in milliseconds, to try to assess it. vacancies and how Presidents have the different password combinations in What if this terrorist were not an handled and should handle them. Based order to gain access to the iPhone, but American citizen and this terrorist on that history and a dose of good com- they still don’t have access even were illegally in the United States? mon sense, Senator BIDEN laid out the though the court is involved. Would the same standard apply? I rules that govern Supreme Court va- Last week a Federal magistrate think Apple would say yes. We can cancies arising during a Presidential judge ordered Apple to provide reason- draw up the different scenarios, but the election year, and of course, he deliv- able technical assistance to the FBI in bottom line is we are going to have to ered his remarks when we had a divided order to provide access to the perpetra- protect our people. That is why this government, as we have today, in 1992. tor’s iPhone. Apple opposes this order, Senator urges Apple and the FBI to Now, the Biden rules are very clear. given the concerns that technology de- work together in order to resolve the My friend from Delaware did a wonder- veloped to intentionally weaken its se- stalemate. I understand that consider- ful job of laying out the history and curity features could be abused if it is ation must be given as far as the pro- providing many of the sound reasons in the wrong hands. In other words, tection of privacy in people’s iPhones. for these Biden rules, and they boil there would not be the privacy con- We have always found a way to balance down to a couple fundamental points. cern. They claim it would put our cherished right to privacy and our First, the President should exercise re- smartphone users’ data and privacy at cherished right of securing ourselves straint and ‘‘not name a nominee until risk. It is a legitimate argument. They and our national security, and that is after the November election is com- also view the Federal magistrate what is needed in this case. The safety pleted.’’ As I said on Monday, Presi- judge’s order as an example of govern- and security of our fellow Americans dent Lincoln is a pretty good role ment overreach. depend on it. Otherwise, when the next model for this practice. Stated dif- Well, in response the Department of terrorist strikes—51 percent of Ameri- ferently, the President should let the Justice filed a motion in district court cans who have been surveyed today say people decide. But if the President to compel Apple to comply with the they feel the government needs access chooses not to follow President Lin- magistrate judge’s order, and because to this information to protect against coln’s model but instead, as Chairman future attacks. If the next attack hap- of the complicated nature of the issues BIDEN has said, ‘‘goes the way of Fill- of national security, individual pri- pens and information is on an iPhone, more and Johnson and presses an elec- vacy, which we value, and First that 51 percent will soar and it will be tion-year nomination,’’ then the Sen- Amendment questions involved, there very clear that the American people ate shouldn’t consider the nomination will no doubt be prolonged litigation support the protection of our national and shouldn’t hold hearings. It doesn’t security. that may ultimately have to be re- matter ‘‘how good a person is nomi- I yield the floor. solved by the U.S. Supreme Court. The PRESIDING OFFICER. The Sen- nated by the President.’’ Stated plain- I certainly understand the risk to ator from Iowa. ly, it is the principle, not the person, Americans’ privacy, as expressed by that matters. Apple and other technology companies, f Now, as I said on Monday, Vice Presi- but I don’t want to run the risk of let- FILLING THE SUPREME COURT dent BIDEN is an honorable man and he ting the trail go so cold on this ter- VACANCY is loyal. Those of us who know him rorist attack—and potentially other Mr. GRASSLEY. Mr. President, yes- well know this is very true, so I wasn’t similar cases—that we lose this valu- terday the minority leader came to the surprised on Monday evening when he able information all because this is floor to disparage the work of the Sen- released a short statement defending winding itself through months and ate Judiciary Committee and also dis- his remarks and of course, as you years in the courts. In other words, we parage the work of the Senate as a might expect, defending the President’s need to know what was behind this at- whole. And, of course, as he does from decision to press forward with a nomi- tack. Everybody recognizes that this time to time, he launched into a per- nee. Under the Constitution, the Presi- was a terrorist attack. We need to ob- sonal attack against me. Now, that is dent can do that. Like I predicted on tain this information in order to get to OK. I don’t intend to return the favor. Monday, Vice President BIDEN is a the bottom of it and root out and see if I love Senator REID. I don’t want to loyal No. 2, but the Vice President had there are other terrorists in the coun- talk about the nuclear option and the the difficult task of explaining today try planning to do the same thing so tremendous damage that did to the why all the arguments he made so co- we can protect our people and our na- Senate, not to mention the years and gently in 1992 aren’t really his view. tional security. There has to be a way years that Democratic Senators had to It was a tough sell, and Vice Presi- that the FBI can get the information it endure his leadership without even dent BIDEN did his best Monday needs from the terrorist’s iPhone in a being able to offer an amendment. evening, but I must say that I think manner that continues to protect There is at least one Democratic Sen- Chairman BIDEN would view Vice Presi- American smartphone users. ator, who was defeated in the last elec- dent BIDEN’s comments the same way Now, surely common sense can pre- tion, who never got a chance to get a he viewed the minority leader’s com- vail here. This is why this Senator vote on an amendment during the en- ments yesterday. He would call it like urges Apple and the FBI to work to- tire 6 years he was in the Senate. he sees it and as we have so often heard gether in order to resolve the stale- We all know that is how some people him say: It is just a bunch of malarkey. mate. act when they don’t get their own way, Here is part of what Vice President

VerDate Sep 11 2014 23:38 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.009 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 25, 2016 CONGRESSIONAL RECORD — SENATE S1023 BIDEN said on Monday. It is a fairly down, I would highly recommend the on one side, and whomever the Repub- long quote. president not name someone, not send licans nominate on the other side. The ‘‘Some critics say that one excerpt of a name up.’’ And what if the President American people should have this de- a speech is evidence that I do not sup- does send someone up?—‘‘If [the Presi- bate. And then we should let the Amer- port filling a Supreme Court vacancy dent] did send someone up, I would ask ican people decide. during an election year. This is not an the Senate to seriously consider not I yield the floor. accurate description of my views on having a hearing on that nominee.’’ The PRESIDING OFFICER. The as- the subject. In the same speech critics Specifically, my friend Chairman sistant Democratic leader. are pointing to today, I urge the Sen- BIDEN said: ‘‘Can you imagine dropping Mr. DURBIN. Mr. President, I will ate and the White House to overcome a nominee after the three or four or thank my colleague from Iowa. I hoped partisan differences and work together five decisions that are about to be to get a chance to speak to him person- to ensure the Court function as the made by the Supreme Court into that ally about another matter, but I will Founding Fathers intended.’’ fight, into that cauldron in the middle call him from the floor afterward. We That doesn’t sound consistent with of a presidential [election] year?’’ will get in touch. Senator HATCH is all of those Biden rules I shared with Chairman BIDEN went on: ‘‘I believe here. I don’t want to delay the pro- my colleagues on Monday. So we ask: there would be no bounds of propriety ceedings of the Senate, but I would like Is it really possible to square Chairman that would be honored by either side. an opportunity to respond on this issue BIDEN’s 1992 election-year statement . . . The environment within which that was raised by Senator GRASSLEY. with Vice President BIDEN’s 2016 elec- such a hearing would be held would be Senator GRASSLEY of Iowa is my tion-year statement? Was Chairman so supercharged and so prone to be able friend. Politicians say that sometimes BIDEN’s 1992 statement really just all to be distorted.’’ and mean it, and say it sometimes and about greater cooperation between the At the end of the day, the text of don’t mean it. I mean it. We have be- Senate and the White House? When Chairman BIDEN’s 1992 statement is come friends as neighboring States and Chairman BIDEN said in 1992 that if a very clear. So, in 2016, when he is serv- sharing a lot of plane rides together, vacancy suddenly arises, ‘‘action on a ing as a loyal No. 2 to this President, serving on the same committee, serv- Supreme Court nomination must be Vice President BIDEN is forced to argue ing in the same body for a number of put off until after the election cam- that the Biden rules secretly mean the years, and I respect him very much. We paign is over,’’ was he simply calling exact opposite of what they say. Iron- have different points of view on many for more cooperation? When he called ically, that is a trick Justice Scalia things, but we found common agree- for withholding consent ‘‘no matter taught us all to recognize and to reject ment on many other things. So I do re- how good a person is nominated by the on sight. We know we should look to spect him when I say that at the outset President,’’ was he merely suggesting the clear meaning of his text, as Jus- as I respond to his remarks. the President and the Senate work to- tice Scalia taught us. This was not a What is this about? This is about the gether a little bit more? When he said one-off comment by Senator BIDEN. It passing of Justice Scalia and whether we shouldn’t hold hearings under these was a 20,000-word floor speech force- his seat on the Supreme Court will be circumstances—was that all about co- fully laying out a difficult and prin- filled, and if it will be filled, who will operation between the branches? cipled decision. It relied on historical do it and when. The first place for us to Since we are talking about filling precedent. It relied upon respect for de- turn when it comes to asking questions Justice Scalia’s seat, it seems appro- mocracy. It relied on respect for the in- is the one document, the only docu- priate to ask: How would he solve this tegrity of the nomination process. ment, that matters, the U.S. Constitu- puzzle? I suppose he would start with There is no doubt what Senator BIDEN tion. It is this document that we lit- the text. So let us begin there. meant. erally all swore to uphold and defend, In 1992, did Chairman BIDEN discuss Of course there is a broader point, every one of us, Democrat and Repub- cooperation between the branches? and I hope in the next several months lican. It is this document that is ex- Yes, in fact, he did. So far, so good for we concentrate on his broader point. plicit, not making a suggestion but Vice President BIDEN, but that can’t be That is this. Words have meaning. Text really spelling out the responsibilities the end of the matter because that matters. Justice Scalia devoted his when it comes to a vacancy on the Su- doesn’t explain the two vastly different adult life to these first principles. Do preme Court, and it is article II section interpretations of the same statement. the American people want to elect a 2. Article II, section 2 says that the Let us look a little more closely at the President who will nominate a Justice President ‘‘shall nominate, and by and text. Here is what Chairman BIDEN said in the mold of Scalia to replace him? with the Advice and Consent of the about cooperation between the Or do they want to elect a President Senate, shall appoint . . . Judges of the branches: ‘‘Let me start with the nomi- Clinton or SANDERS who will nominate supreme Court.’’ Shall. nation process and how the process a Justice who will move the Court in a It is our responsibility under this might be changed in the next adminis- drastically more liberal decision? Do Constitution to do this. It is amazing tration, whether it is a Democrat or a they want a Justice who will look to to me in the history of this Republic, Republican.’’ the constitutional text when drilling guided by this great document, we have Remember, again, I emphasize that down on the most difficult constitu- reached a point in the year 2016 where was during the 1992 election year. We tional questions or do they want yet those simple words, directions in the didn’t have to search very long to un- another Justice who, on those really Constitution, are being challenged and earth textual evidence regarding the tough cases, bases decisions on ‘‘what ignored by the Republican majority be- meaning of Chairman BIDEN’s words in is in the Judge’s heart,’’ as then-Sen- cause, you see, there has never—under- 1992. Yes, he shared some thoughts ator Obama famously said. line the word never—been a moment in about how he believed the President It comes down to this. We have lost history when the Senate has refused to and Senate might work together, but one of our great jurists. It is up to the extend a hearing to a Supreme Court that cooperation was to occur ‘‘in the American people to decide whether we nominee until this moment. There has next administration’’—in other words, will preserve his legacy. never been a moment in history, after the Presidential election of 1992, More importantly, do you want a never—underline that word—when the after the Senate withheld consent on Justice who follows the text of the Senate has refused a vote on a Supreme any nominee ‘‘no matter how good a Constitution? Do you want a Justice Court nominee. person is nominated by the President.’’ who follows the text of the law? I can’t say never, but it is been more So the text is clear. If you need more Or, do you want a Justice who makes than 150 years since we have allowed a evidence that this is an accurate un- decisions based on his or her ‘‘heart’’? vacancy on the Supreme Court to go on derstanding of what the Biden rules This is a debate we should have. This is for more than a year, as the Repub- mean, look no further than a lengthy a debate I hope we will have. This is a licans in the Senate are determined to Washington Post article 1 week prior. debate I hope will be part of the three do here. That 150 years goes back to In that interview he made his views or four national presidential debates the Civil War. So I would say to my quite clear. He said: ‘‘If someone steps between Nominee Clinton or SANDERS colleague from Iowa, you are about to

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If the Senate Repub- BIDEN is truly my friend, as he is the Presidential nominee until this mo- lican leadership makes the decision friend of virtually every Senator from ment in history, has never refused a that even if a nominee is sent they will both sides of the aisle. I respect him so vote on a nominee until this moment never allow a vote, it will be the first much. I wasn’t surprised at all when I in history, then he would realize that time in the history of the United heard the Senator from Iowa say that what is being done here is unprece- States of America. That is why this is he gave a 20,000-word speech. He gave a dented and uncalled for. such a definitive issue. That is why the lot of 20,000-word speeches. I saw him If my Republican colleagues now in position taken by the Senate Repub- deliver a few here, and they were a the majority—54 votes strong against lican majority is so different, so un- sight to behold. This one I think went 46 on the Democratic side—really dis- usual, and in some cases so extreme. on for 90 minutes as then Senator agree with the President’s choice, his The argument is being made on the BIDEN shared his views on filling judi- nominee, whoever it may be, they have other side—listen to this argument. cial vacancies and on recommenda- an option. There is a constitutional op- This argument is being made: Well, we tions. If we listen closely, we know the tion. The constitutional option is to are in a campaign year. This is a Presi- Senator from Iowa said that Vice hold a hearing, do the background dential election year. Who knows who President BIDEN ‘‘recommended,’’ check which is done, and then vote, the next President will be. Let the ‘‘should consider.’’ Well, let me ask and if you disapprove of that nominee, American people choose that President this question: Was there ever any time vote no. That is the regular order and and that President choose the nominee. when Senator BIDEN was the chairman the regular course of events. That is It overlooks one basic fact. Three of the Senate Judiciary Committee the constitutional way to approach years and three months ago, the Amer- that he denied a hearing to a Supreme this. ican people chose a President. By a Court nominee? No. Was there ever a But they have gone even further. margin of 5 million votes, Barack time as chairman of the Senate Judici- Senator MCCONNELL said two days ago Obama defeated Mitt Romney for ary Committee when he recommended he would not only give the President’s President of the United States. They to the Senate that they deny a vote on nominee no hearing and no vote, he re- made their selection. Did they elect a Presidential nomination to fill a Su- fuses to even meet with that person, President Obama for a 3-year term? Let preme Court vacancy? No. So whatever whoever it may be. Those are the me check the Constitution, but I think his theory was that he expressed on the lengths they will go to to avoid facing it was a 4-year term. Oh, was it 3 years floor of the Senate—and we all express the constitutional responsibility that and 3 months? No. It turns out the a lot of theories—JOE BIDEN was re- every Senator has. American people spoke in our democ- spectful of this document. He knew Senators can quote Vice President racy by a margin of 5 million votes and what the U.S. Constitution said. JOE BIDEN’s speeches of 25 years ago as said: Barack Obama, you will be Presi- I find it hard to imagine that the Re- long as they want. They can read his dent of the United States until Janu- publican Senators now in the majority words over and over again, but the fact ary the 20th, 2017. Was there a rider or are going to walk away from this Con- is he never stopped a hearing, he never some exclusion that said you can’t ap- stitution and turn their backs on it. I stopped a vote, and he honored the point a nominee, name a nominee to have a lengthy statement that I ask Constitution. The wording of the Con- fill a vacancy on the Supreme Court in unanimous consent be printed in the stitution didn’t go on for 20,000 words. the last year of your Presidency? I RECORD following my remarks which It is just a handful of words that we don’t remember that. Perhaps that was goes into the question of why the Re- have sworn to uphold and defend before the case in some States, but not in Illi- publican majority continues to ob- we can become U.S. Senators. nois and, to be honest, in no other struct the appointment of judges and History will not look kindly on this State. people to serve in the executive branch political decision by the Republican The President was elected for 4 years. of government under this President. It majority. History will not give them a He was given the consent and author- has been unprecedented. They decided pass. History will ask time and again: ity of the American people to govern not just on this nominee but long ago How could you ignore the Constitu- this Nation for 4 years and to fill the that they would not give this President tion? How could you ignore your re- vacancies on the Supreme Court as he the same treatment, the same respect sponsibility under the Constitution? is directed to do by the U.S. Constitu- that has been given other Presidents. Why won’t you do your job, a job you tion. Now it has been brought front and cen- were elected to do to fill this vacancy? Now the Senate Republicans have ter with this vacancy, the Scalia va- Is a temporary political victory worth come up with a different spin: No; he cancy on the Supreme Court. this—to turn your back on the Con- may have been elected, but from their I sure disagreed with Justice Scalia stitution and the history of this coun- point of view, he wasn’t given the full on a lot of things, but I do not argue try? I don’t think it is. power of office. They say Barack with Judge Posner of the Seventh Cir- I hope that when the Republican Sen- Obama was given something less than cuit in my State when he said that ators go home and meet with their con- any other previous President of the Justice Scalia was a major force in stituents over this weekend and in the United States. They say he was not terms of thinking on the Supreme days ahead, they will have second given the authority to fill a vacancy on Court. And what really undergirded the thoughts. When the President sends a the Supreme Court in the last year of philosophy of Justice Scalia was what nominee, I hope they will abide by the his term. he called originalism. Some people Constitution, be respectful of this doc- I would like to find the constitu- mocked it, and some people just flat ument and respectful of this President, tional precedent for that. I invite my out disagreed with it. But he said time and give his nominee the same due con- colleagues—we have two on the floor. and again: Read the Constitution and sideration that has been given to Su- One is the current chairman of the Ju- read the precise wording of the Con- preme Court nominees throughout his- diciary Committee, and one is the stitution. I saw different things in tory. former chairman of the Judiciary Com- those words than he did, but that was Justice Anthony Kennedy became a mittee. I invite them to show me that his North Star when it came to Su- Justice on the Supreme Court when a historical, constitutional precedent preme Court decisions. Democratic-controlled Senate gave that says Barack Obama, the President Well, if he read article II, section 2, him a vote—a hearing, and then a vote of the United States, really only has which says the President ‘‘shall nomi- in a Presidential election year much the authority of the office for 3 years— nate, and by and with the Advice and like this one. A lameduck, outgoing 3 years and 2 months. Beyond that, he Consent of the Senate, shall appoint President appointed Justice Kennedy.

VerDate Sep 11 2014 23:38 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.023 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 25, 2016 CONGRESSIONAL RECORD — SENATE S1025 A Democratic Senate did not refuse to President said he will select a person nominated on April 20, 2015 for this position, meet with him, did not refuse to have who has outstanding qualifications, a which involves tracking and blocking financ- a hearing, did not refuse a vote, but commitment to impartial justice, a ing to terror groups like ISIS. Banking said: We will abide by the Constitution. deep respect for the role of the judici- Chairman Shelby described Szubin as ‘‘emi- nently qualified’’ for the position, but he has For that outgoing President, he had ary, and a life experience that shows still not received a floor vote in over 10 the full authority of office. President integrity and good judgment. months. Barack Obama deserves nothing less. The President is doing his job, as the Under Secretary of Defense for Personnel And we as Senators have a responsi- Constitution requires. Senate Repub- and Readiness: Brad Carson was nominated bility under this Constitution, regard- licans must stop the pattern of ob- on July 8, 2015 for this position, which is re- less of what speech was made 25 years struction that they have shown with so sponsible for ensuring our military is ready ago, to pay close attention to these many of President Obama’s nominees to face threats around the world. He is wait- ing for a hearing. words and to do our constitutional and do their job, too. Once the Presi- Secretary of the Army: Eric Fanning was duty. dent selects a Supreme Court nominee, nominated on Sept. 21, 2015 for this position, When the Senate majority leader said Senators should meet with the nomi- which involves overseeing U.S. Army per- that he would not give any consider- nee, give him or her a fair hearing, sonnel, strategy, and readiness around the ation to any Supreme Court nominee schedule a vote, and fill the vacancy on world. He waited four months just to get a named by the President—no vote, no our Nation’s highest Court. hearing, and now he is waiting to receive a hearing, not even a courtesy meeting— Mr. President, I yield the floor. Committee vote. There being no objection, the mate- General Counsel, Defense Department: Jen- it set a new low for the Senate. nifer O’Connor was nominated on Sept. 21, Throughout our Nation’s history, no rial was ordered to be printed in the 2015 for this position, but she is waiting for pending Supreme Court nominee who RECORD, as follows: a hearing. sought a hearing has been denied one. REPUBLICAN OBSTRUCTION OF PRESIDENT Under Secretary for the Navy: Janine Da- Some nominees were confirmed so OBAMA’S NOMINEES, FEBRUARY 23, 2016 vidson was nominated on Sept. 21 for the #2 quickly after their nomination that a Senate Republicans have announced they position in the Navy, but she is still await- hearing was not scheduled, and one will obstruct President Obama’s forthcoming ing confirmation. nominee to the Supreme Court without even Foreign policy nominations nominee withdrew before her scheduled Ambassadors and foreign policy positions: hearing could take place, but the Sen- considering the nominee’s merits, simply be- cause Republicans do not want President Only 59 ambassador or other key foreign pol- ate has never before refused a hearing Obama to make the nomination. icy positions have been confirmed in this to a pending nominee. Similarly, every This is far from the first time that Repub- Congress with an average confirmation wait pending nominee for an open Supreme licans have engaged in unreasonable obstruc- of six months. For comparison, during the Court vacancy has been voted upon by tion of nominations made by President 110th Congress (2007–08) when George W. Bush Senators. Some nominees were con- Obama. According to statistics from the was President and the Democrats controlled Congressional Research Service as reported the Senate, more than 120 nominees for key firmed on the floor, some were rejected foreign policy positions were confirmed with on the floor, some nominees were re- in a Jan. 5, 2016 Politico article, ‘‘the Senate in 2015 confirmed the lowest number of civil- an average confirmation wait of under three nominated before they got their vote, ian nominations—including judges and diplo- months. and some only received a vote on matic ambassadors—for the first session of a Of the seven State Department nominees whether to be reported or discharged Congress in nearly 30 years.’’ Only 173 civil- confirmed a few weeks ago, three were nomi- out of committee, but all of them got a ian nominees were confirmed last year. nated in 2014 or earlier. These include Brian vote. Yet the Senate majority leader Other examples of Republican obstruction Egan (Legal Advisor, first nominated in of nominations include the following: 2014), John Estrada (Trinidad and Tobago, has announced that President Obama’s first nominated in 2013), and Azita Raji (Swe- next nominee will get no hearing, no Judicial nominations: D.C. Circuit: In 2013, Republicans an- den, first nominated in 2014). vote, not even a meeting. nounced they would oppose any person Presi- Ambassador to Mexico: Roberta Jacobson, The President is obligated by Article dent Obama nominated to fill three vacan- a career nominee, was nominated as ambas- II, section 2 of the Constitution to send cies in the D.C. Circuit Court of Appeals, sador to Mexico on June 2, 2015 but she is a nominee to the Senate. That is the simply because they did not want Obama to still awaiting confirmation. process the Founding Fathers estab- fill those vacancies. The President nomi- The PRESIDING OFFICER (Mrs. lished. There is nothing in the Con- nated three unquestionably qualified people FISCHER). The Senator from Utah. stitution that provides for this process — Patricia Millett, Nina Pillard, and Robert Mr. HATCH. Madam President, be- to be abandoned in an election year. Wilkins, and twice Senate Republicans op- fore I begin, let me note that I have posed cloture votes on Millett’s nomination. been very concerned about the tenor of Just as the President and Senate must This prompted Senator Reid to change Sen- do their jobs in times of war and eco- ate rules to lower the cloture vote threshold the debate. I am very upset that yes- nomic depression, they must do their for lower court nominees to 50, and subse- terday my dear friend, the minority jobs in election years. quently the three D.C. Circuit nominees were leader, yesterday attacked my other The reality is that Republicans sim- confirmed. dear friend, the chairman of the Judici- ply want to keep the Supreme Court Obstruction in the current Republican Sen- ary Committee, Senator GRASSLEY, by seat vacant in the hopes that their ate: Last year, Senate Republicans matched calling him inept as a committee presidential nominee will get to fill it. the record for confirming the fewest number chairman. There is no reason for that of judicial nominees in more than half a cen- kind of language on the floor, even if it It is a purely political calculation. But tury, with 11 for the entire year. Overall, in Presidential politics do not trump the the current Congress Republicans have only were true, which it is not, and I think Constitution. allowed 16 judges to be confirmed, compared the minority leader knows it is not The Republican leader should do to 68 judges that were confirmed by the true. what past Republican leaders like Sen- Democratic-controlled Senate in the last Senator GRASSLEY is one of the most ator Everett Dirksen of Illinois did two years of George W. Bush’s administra- effective, hard-working, decent Sen- when a Supreme Court vacancy arose tion. There are 17 non-controversial judicial ators in the U.S. Senate. He is not an in the election year of 1968—roll up his nominees pending on the Senate executive attorney, and yet he has run the Judi- sleeves and get to work. calendar, all of whom were reported out of ciary Committee as well as any chair- Senate Republicans have come up committee by unanimous voice vote. Cur- man that I recall in my 40 years here. rently there are 81 judicial vacancies, includ- with a number of excuses for shirking ing 31 judicial emergencies. Everybody knows he treats people fair- their constitutional responsibilities. National security nominations: ly. So I hope we can get rid of that But the bottom line is that there is no Attorney General Loretta Lynch had to kind of language and start treating excuse for the Senate to fail to do its wait 165 days after her nomination to be con- people with decency and with regard. job. firmed by the Republican Senate in April We differ widely with the Democrats on The President made clear yesterday 2015. This was far longer than other recent this issue and on other issues, but we that he is taking his constitutional re- Attorney General nominees had to wait for a are not slandering them. If a Repub- confirmation vote. By comparison, the sponsibility seriously. He wrote a piece Democratic Senate confirmed Michael lican behaved similarly, I would stand in the website SCOTUSblog explaining Mukasey in 53 days in 2007. up to him. It just shouldn’t happen. the careful, deliberative process he is Treasury Undersecretary for Terrorism On Tuesday, I rose to honor the undertaking to choose a nominee. The and Financial Crimes: Adam Szubin was memory of the late Justice Antonin

VerDate Sep 11 2014 03:53 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.025 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S1026 CONGRESSIONAL RECORD — SENATE February 25, 2016 Scalia, whom I knew quite well. With usurping the powers of the self-gov- Senate enjoys complete and final dis- his passing, the Nation lost one of its erning people. cretion in whether to approve or even greatest Supreme Court Justices ever This tension between the stark ne- consider a nomination. to have served, and I lost a dear friend. cessity of judicial independence to pre- My colleagues on the other side of Today, I rise to make the case that serve limited government under the the aisle have taken up the mantra the next President should chose the Constitution and the dangers of an un- that we must ‘‘do our job’’ with respect nominee to replace Justice Scalia. As accountable judiciary shirking its duty to the current vacancy, and so we we embark on this debate, our first to say what the law is—and instead must. But our job, despite what the task should be to situate properly the saying what it thinks the law should Democrats are saying, is not to follow Senate’s role in seating members of the be—makes the judicial selection proc- a particular path found nowhere in the judiciary as well as the reasons for the ess vitally important. Hewing to a Constitution. Rather, it is to deter- role. In doing so, let me invoke an ap- careful process envisioned by the mine the most appropriate way to ful- proach that Justice Scalia himself em- Framers that vests the Executive and fill our advice and consent role for this ployed to make the same point. legislature with critical but distinct particular vacancy. The Senate would In addressing audiences, the late Jus- roles is the means by which we can not be doing its job if we followed a tice often asked: What part of our Con- maintain the integrity of the judicial process that is not appropriate for the stitution was most important in pro- branch. situation before us today. tecting the liberties of the people? In- The appointments clause delineates Indeed, withholding consent can be variably, audiences would provide an- these distinct roles for the President just as valid an exercise of our role as swers such as protections for the free- and the Senate in the appointment granting it, and deferring the con- dom of speech, the freedom of religion, property. Article II, section 2 provides firmation process for a particular va- the right to keep and bear arms, the that the President ‘‘shall nominate, cancy may be the most appropriate and right of the people to be secure in their and by and with the Advice and Con- responsible exercise of the advice and persons, houses, papers, and effects sent of the Senate, shall appoint . . . consent role entrusted to us. It all de- against unreasonable searches and sei- Judges of the supreme Court, and all pends on the circumstances. zures, and the like. other Officers of the United States.’’ Consider these precedents. The Sen- Justice Scalia, like the vast majority By creating two separate roles in the ate has never confirmed a nominee to a of Americans, agreed that these protec- confirmation process, the executive Supreme Court vacancy that opened up tions are obviously important. I cer- branch to nominate and the legislative this late in a term-limited President’s tainly do, too. Nevertheless, he always branch to provide its advice and con- time in office. It is only the third va- made one crucial observation: Even the sent, the Framers were creating rival cancy in nearly a century to occur most repressive dictatorships, such as interests. after the American people had already the Soviet Union and North Korea, Alexander Hamilton cogently ex- started voting in a Presidential elec- typically have provisions akin to our plained the various rationales for this tion, and in both the previous two in- Bill of Rights in their Constitutions. particular allocation of appointment stances—in 1956 and in 1968—the Senate Simply enshrining these basic rights in powers in Federalist 76. Following the did not confirm the nominee until the constitutional text does not ensure example of the Massachusetts Con- following year after the election had their protection. stitution, the Framers vested the re- occurred. I ask unanimous consent that I be sponsibility for nominations in one of- It has been more than three-quarters permitted to complete my remarks. ficer, the President, to ensure account- of a century since a Supreme Court The PRESIDING OFFICER. Without ability and impartiality in selecting Justice has been nominated and con- objection, it is so ordered. nominees and to guard against corrup- firmed in a Presidential election year, Mr. HATCH. Our Nation’s Founders tion, impropriety or imprudence that and the only time the Senate has ever knew, in the sage words of James Madi- characterized the appointment process confirmed a nominee to fill a Supreme son in Federalist 47, that ‘‘[t]he accu- in many of the States. By concen- Court vacancy created after voting mulation of all powers, legislative, ex- trating the power of nomination in one began in a Presidential election year ecutive, and judiciary, in the same person, the Framers sought to create was in 1916. That vacancy arose only hands . . . may justly be pronounced accountability or in Hamilton’s words because Chief Justice Charles Evans the very definition of tyranny.’’ They a ‘‘livelier sense of duty and a more Hughes resigned his seat on the Court bestowed upon us the blessing of the exact regard to reputation.’’ to run against incumbent President Constitution that creates a Federal That said, the Framers expressly re- Woodrow Wilson. Government with limited and enumer- jected the notion of vesting an un- The cautiousness with which Sen- ated powers, with those powers diffused checked appointment power in the ators in times past have approached and balanced between three coequal President alone. By requiring the election-year vacancies is only ampli- branches of government. President to submit his nominee for fied by present circumstances. As my The Federal judiciary occupies a the Senate’s approval, the Founders colleagues in the minority are fond of unique station in this constitutional sought to forestall any potential abuse saying, elections have consequences, architecture. In deciding cases and of the nomination power. Hamilton ar- and the election of 2014 certainly had controversies, it is, in the seminal gued that the requirement of advice tremendous consequences. words of Marbury v. Madison, ‘‘em- and consent would serve as ‘‘an excel- In the last election, the American phatically the province and the duty of lent check upon a spirit of favoritism people went to the polls to register the judicial department to say what in the President and would tend great- their opposition to the wide range of il- the law is.’’ Unelected and armed with ly to prevent the appointment of unfit legal and unconstitutional actions of life tenure and salary protection, characters from State prejudice, from the Obama administration, including: judges thereby have the power to hold family connection, from personal at- its unilateral cancellation of duly en- the political branches to account. tachment, or from a view to popu- acted law, such as with illegal immi- This power is the source of much of larity.’’ gration; its regulation contrary to the the Constitution’s great brilliance in While the practice of the early Re- plain text of the law, such as with the its ability to restrain transient polit- public confirmed that the Chief Execu- Clean Power Plan; its willingness to ig- ical majorities from exceeding the au- tive enjoys plenary authority over nore its statutory obligations without thority granted to government by the nominations, history also shows that meaningful justification, such as with sovereign people; however, it is also the Senate equally possesses the ple- the President’s decision to release the the source of one of the great potential nary authority to withhold its consent top five Taliban leaders in U.S. custody pitfalls of our system of government, the nominee for any reason. Nothing in without notifying Congress beforehand in which five lawyers can substitute the text of the appointment clause ap- as required by Federal law; its efforts their personal policy preferences to the pears to limit the Senate’s consider- to stretch what lawful authorities the legitimate judgments of the executive ations. Just as the President has an un- executive branch does possess beyond and legislative branches, thereby fettered right to veto legislation, the all recognition, such as with its mass

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No- about that today, that is what he said publican Senate majority in large part where in that document does it say then as chairman of the committee. to check the overreach of President that the Senate has a duty to give In other words, deferring the con- Obama, and given how crucial the Presidential nominees a vote. It says firmation process until the next Presi- courts have proven in holding this ad- that appointments shall be made with dent was in office was the most appro- ministration accountable to the Con- the advice and consent of the Senate. priate way for the Senate to fulfill its stitution and the law, the Senate has That is very different than saying that advice and consent role. Then-Chair- every reason to approach lifetime ap- every nominee receives a vote.’’ man BIDEN listed several factors that pointments cautiously and delib- Yesterday, I was stunned to hear nu- led him to this recommendation, and erately, especially appointments to the merous Democrats contradict the mi- every one of these factors exists today. highest Court in the land. nority leader on this point. For exam- First, he noted that an appointment Moreover, leaving Justice Scalia’s ple, the minority whip said that the process in 1992 would take place in di- seat vacant until after the election ‘‘clear language of the Constitution’’ vided government. Different parties would hardly result in a constitutional requires an up-or-down confirmation also control the White House and Sen- crisis. An even number of Justices has vote. That claim is obviously wrong on ate today. never inhibited the Supreme Court its face, since the Constitution says no Second, he said that Presidents had from functioning. An absence of this such thing. By the minority leader’s recently made controversial Supreme length would be far from unprece- 2005 standard, these Democrats today Court appointments, noting that those dented, as the Court has adapted to va- are ‘‘rewriting the Constitution and re- nominees received a significant num- cancies that lasted for more than 2 inventing reality.’’ Perhaps they re- ber of negative votes in the Senate. years in its history and as recently as ceived different sets of talking points. Again, the same is true today. Presi- 1970 accommodated a vacancy of more This claim by the minority whip and dent Obama’s appointments of Sonia than a year thanks to liberal obstruc- others that the Constitution requires Sotomayor and Elena Kagan, for exam- tion of two candidates nominated by a an up-or-down vote is baffling for an- ple, are both among the top five most Republican President. Famously, when other reason. Between 2003 and 2007 the opposed Supreme Court appointees in Justice Robert Jackson took a year- minority whip voted 25 times to fili- history. Third, then-Chairman BIDEN noted long leave of absence to serve as chief buster Republican judicial nominees. that the Presidential election process prosecutor at the Nuremburg war In other words, he voted 25 times to de- had already begun. Once again, that is crimes tribunal, Justice Felix Frank- prive judicial nominees of an up-or- the case today. That is the case today, down confirmation vote that he now furter wrote to him and advised him with voters in numerous States having says the Constitution’s clear language that having a temporary eight-member already cast ballots. requires. Court as a result of his prolonged ab- Fourth, Chairman BIDEN said that Many of my colleagues on the other sence did not ‘‘sacrifice a single inter- the confirmation process itself had be- side of the aisle have also repeatedly est of importance.’’ come increasingly divisive. This cri- observed that deferring the confirma- Moreover, the recusal process often- terion strikes me as ironic, given its tion process until the next President times requires the Court to consider source. After all, Senate Democrats are various cases with a reduced number of takes office would be unprecedented. responsible for provoking the so-called Justices, including recent high-profile This point escapes me as well. The fili- confirmation wars with the political cases such as Arizona v. United States busters used to defeat Republican judi- and ideological inquisition used to de- in 2012 and Fisher v. University of cial nominees were also unprecedented, feat the Supreme Court nomination of Texas in 2013. Consider that Justice yet many Democrats voted for them Robert Bork and the despicable smear Kagan, due to her service as Solicitor anyway. While past practice matters, tactics used against the nomination of General, had to recuse herself in 38 the ultimate question is not whether Clarence Thomas. cases. In these situations the Court has this has happened before but whether it Senate Democrats have also been re- well-established rule for dealing with is an appropriate step to take now. sponsible for every major escalation in its cases, including 4-to-4 splits. At its The Senate’s job is to decide how judicial confirmations since 1992. discretion, the Court has the authority best to carry out its duty of advice and Within 2 weeks of President George to hold cases over or reargue them consent in the situation before us. W. Bush’s inauguration, the Senate when a new Justice is confirmed. Thankfully, we are not without guid- Democratic leader vowed to use ‘‘what- Indeed, the vast majority of Supreme ance in making that judgment. I think ever means necessary’’ to defeat unde- Court decisions are unanimous, nearly back to 1992, a Presidential election sirable judicial nominees. so, or are split along nonideological year not unlike this one, in which dif- A few months later, Senate Demo- lines. Only a relatively small minority ferent parties controlled the White crats organized a retreat with the goal, of cases—typically less than 20 per- House and the Senate. My friend, then- as the New York Times described it, of cent—are decided 5-to-4, and even fewer Judiciary Committee Chairman and changing the ground rules for the con- divide along predictable ideological now-Vice President JOE BIDEN, came to firmation process. lines. In the unlikely event that a tie this very floor on June 25, 1992, and de- In January 2002, former Democratic should occur, as has occurred in only 2 livered what he said was the longest Congressman, appeals court judge, and of 38 of Justice Kagan’s recusals, the speech in his then 19 years in this body. White House Counsel Abner Mikva ruling of the lower court is simply He evaluated the state of the confirma- urged Senate Democrats not to con- upheld. Put simply, the absence of one tion process, suggested reforms for the sider any Supreme Court nominees dur- of the nine Justices on the Court is far future, and made a specific rec- ing President Bush’s first term. from calamitous, but a hastily made ommendation. He said that if a Su- In 2003, Democrats began for the first appointment could be. preme Court vacancy occurred in that time to use the filibuster to defeat ju- If the particular circumstances we Presidential election year, President dicial nominees who otherwise would face today counsel in favor of waiting George H.W. Bush ‘‘should consider fol- have been confirmed. until after the election, why would we lowing the practice of a majority of In July 2007, Senator CHARLES SCHU- act otherwise simply because the other predecessors and not—and not—name a MER—another friend of mine—said in a party tells us to do so? nominee until after the November elec- speech to the American Constitution The minority leader made this same tion is completed.’’ Society that the Senate should not point in 2005 when he flatly rejected If the President did choose a Su- confirm a Supreme Court nominee dur- the claim that the Senate must always preme Court nominee, Chairman BIDEN ing President Bush’s final 18 months in

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One CBS news story, for exam- nance Committee and for 35 years on ibuster in nearly 25 years. During ple, has the headline: ‘‘Joe Biden Once the Judiciary Committee. If there is President George W. Bush’s tenure Took GOP’s Position on Supreme anybody in this body who knows his alone, Democrats led 20 filibusters that Court Vacancy.’’ Perhaps they, too, are own mind and makes his own decisions, ultimately defeated five appeals court contextually challenged. it is CHUCK GRASSLEY. nominees. This is what the Washington Post I was flabbergasted by the minority More to the point, in 2006, then-Sen- said about the speech: ‘‘But Biden’s re- leader’s statement that Chairman ators BIDEN, Clinton, REID, LEAHY, marks were especially pointed, volumi- GRASSLEY has allowed the majority SCHUMER, DURBIN, and Obama voted to nous and relevant to the current situa- leader to ‘‘run roughshod’’ over him. If filibuster the Supreme Court nomina- tion. Embedded in the roughly 20,000 the minority leader’s case for com- tion of Samuel Alito. President Obama words he delivered on the Senate floor mittee action depends on grasping at did say last week that he now regrets that day were rebuttals to virtually such unwarranted and unjustified per- voting to filibuster the Alito nomina- every point Democrats have brought sonal attacks, then he has simply ex- tion, although it took him 3,670 days to forth in the past week to argue for the posed the weakness of his own position. reach that conclusion. He told me that consideration of Obama’s nominee.’’ Under Chairman GRASSLEY’s leader- last night at the White House in a pri- The constant refrain of Senate Demo- ship, the Judiciary Committee has re- vate conversation we had, and I accept crats and their media allies over the ported 21 bipartisan bills. Five of them his statement. I like the President per- past few days is that the Senate should have become law—the same number as sonally, but the record does not sup- just ‘‘do its job.’’ Of course, what they during the entire 113th Congress under port the other side’s audacious claims. really mean is that the Senate should Democratic leadership. This record do what they want the Senate to do. Finally, after the District of Colum- contrasts quite favorably to the senior Then-Chairman BIDEN believed in 1992 bia Circuit Court of Appeals—a court Senator from Nevada’s abysmal record that many of us consider nearly as im- that the Senate would be doing its job in the last Congress as majority leader, portant as the Supreme Court, given by deferring the confirmation process in which the Senate set a record for its role in regulatory oversight—right- for a Supreme Court nominee. Senate bills that bypassed committee consid- fully invalidated several key actions of Democrats presumably believed the eration and voted on only 15 amend- the Obama administration, Democrats Senate was doing its job by denying ments in all of 2014. confirmation votes to judicial nomi- openly sought to fill that court with I know there are different opinions nees under President George W. Bush. compliant judges in order to obtain about whether or how to address filling The minority leader presumably be- more favorable decisions. The Presi- the vacancy left by Justice Scalia’s dent’s allies in this body, in their own lieved the Senate would be doing its death, and I appreciate that. And I ap- words, ‘‘focus[ed] very intently on the job by not voting on nominations preciate that Senators and others feel D.C. Circuit’’ to ‘‘switch the majority’’ since, as he said in 2005, the Constitu- strongly about these issues. Neverthe- and were willing to ‘‘fill up the D.C. tion does not require it to do so. And I less, it is absolutely disingenuous for Circuit one way or another.’’ can only assume that the senior Sen- the minority leader, who today de- In the rush to eliminate any possible ator from New York believed the Sen- mands the same up-or-down confirma- judicial obstacle to the administra- ate would be doing its job if it followed tion’s overreaching agenda, Senate his 2007 recommendation and refused to tion vote he 25 times tried to prevent Democrats in 2013 used a parliamen- consider Supreme Court nominees in a for Republican nominees, to suggest tary maneuver—the so-called nuclear President’s final 18 months. that Chairman GRASSLEY is doing any- option—to abolish the very nomination Perhaps the most audacious claim thing other than what he believes is filibusters they had used so aggres- trafficked by the other side of the aisle right. Senator GRASSLEY is one of the sively, but with one telling exception: over the past few days is, as the senior great Senators here. He is totally hon- They left alone the possibility of fili- Senator from New York has said, ‘‘It est, and we all know it. He speaks his bustering a Supreme Court nomina- doesn’t matter what anybody said in mind, and we all know that, too. tion. Having done so, they must con- the past,’’ or, as President Obama put I have served longer on the Judiciary tinue to believe the Senate’s advice it, ‘‘Senators say stuff all the time.’’ Committee than any other current and consent role allows denying any In response, consider this point: Ben- Member of this body. During these past confirmation vote to a Supreme Court jamin Franklin wrote in 1789 that ‘‘in four decades, including during my more nominee. this world, nothing can be said to be than 8 years as chairman of the com- I am disappointed and, frankly, a lit- certain except death and taxes.’’ I mittee, I have strived to develop a tle baffled at the response so far of my would like to add one more thing to record of true fairness toward the Democratic colleagues. Now-Vice that list: It is equally certain that if a nominations made by Presidents of President BIDEN and President Obama Supreme Court Justice beloved by the each party. I have absolutely no doubt himself have both said that he was left passed away in the final year of a that my treatment of this vacancy fits speaking in 1992 about a ‘‘hypothetical Republican President’s tenure, a Demo- squarely within this record of fairness. vacancy.’’ Of course he was, and his cratic-controlled Senate would not The bottom line is simple: The Con- purpose in doing so was to outline what only refuse to consider any nominee of stitution obliges the Senate to take its the President and Senate should do if the lame-duck President but would role seriously as a check on the Presi- that hypothetical vacancy material- also extensively cite then-Chairman dent in the consideration of lifetime ized. Well, that vacancy is no longer BIDEN’s 1992 speech and other such appointments to the Federal courts, es- hypothetical; it is very real. Yet the clear statements for support. No one pecially the Supreme Court. With vot- Vice President now says the Senate should have any doubt about that. ing already underway to replace our should not take his advice after all. Indeed, my friends on the other side lame-duck President, delaying consid- Vice President BIDEN has also said seem to have fallen into the trap iden- eration of a nomination until after the that his words from 1992 are being tified by Justice Scalia in his opinion election comports not only with histor- taken out of context. We have all faced in the Noel Canning case in which he ical practice but also with the prescrip- the inconvenient truth of our past warned that ‘‘individual Senators may tions of key Democrats in the Senate words—especially in these areas—and have little interest in opposing Presi- and the White House over many years. the go-to objection is often about con- dential encroachment on legislative By protecting the integrity of the Su- text. prerogatives, especially when the preme Court from this environment, I have two suggestions. First, my col- encroacher is a President who is the Senate Republicans are unquestionably leagues should read then-Chairman leader of their own party.’’ doing the job the Constitution charges

VerDate Sep 11 2014 03:53 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.014 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 25, 2016 CONGRESSIONAL RECORD — SENATE S1029 us to do. We can have differences, no treme conservative efforts to under- make it harder for permanent teeth to question about it, but the Senate Re- mine women’s access to care, are, with- grow in properly. publicans are acting responsibly. out question, getting in between Left untreated, tooth decay can not Madam President, I yield the floor. women and their constitutional rights, only destroy a child’s teeth, but also The PRESIDING OFFICER. The Sen- especially the rights of women who can have a debilitating impact on his ator from Washington. cannot afford to take off work and or her health and quality of life. Tooth f drive hundreds of miles when they need and gum pain can impede a child’s healthy development, including the WOMEN’S REPRODUCTIVE RIGHTS health care. Put simply: Texas’s extreme anti- ability to learn, play, and eat nutri- Mrs. MURRAY. Madam President, abortion law and laws like it across the tious foods. Recent studies have shown next week the Supreme Court is going country threaten women’s lives. These that children with poor oral health are to hear oral arguments in Whole Wom- laws are intended to take women back nearly three times more likely to miss an’s Health v. Hellerstedt. This is a to the days before Roe v. Wade when school due to dental pain, and children case that could not mean more to a women had less control over their bod- reporting recent toothaches are four woman’s ability to exercise her con- ies and their futures. times more likely to have a lower stitutionally protected health care As a mother, as a grandmother, and grade point average than their peers rights. As this case now moves forward, as a U.S. Senator, I know that is abso- without dental pain. I want to take a few minutes today to lutely the wrong direction for our Tooth decay and oral health prob- explain how much is at stake and why country. Our daughters and grand- lems also disproportionately affect it is so critical that Texas’s extreme daughters should have more oppor- children from low-income families and anti-abortion law be treated as exactly tunity and stronger rights, not less. minority communities. According to what it is: unconstitutional. That is why 163 Democratic and Inde- the National Institutes of Health, ap- Madam President, in Texas and pendent Members of the House and proximately 80 percent of childhood across the country, extreme rightwing Senate urged the Supreme Court in an dental disease is concentrated in 25 conservatives continue to try and turn amicus brief to stand up for women’s percent of the population. These chil- back the clock on American women. constitutionally protected health care dren and families often face inordi- Just yesterday, the Fifth Circuit al- rights. And it is the reason that even nately high barriers to receiving essen- lowed a Louisiana law to go into effect. some of our Republican colleagues are tial oral health care, and, simply put, That law would leave women with only focused on doing everything they can the consequences can be devastating. one health center where they can exer- to undermine the Supreme Court. Madam President, many have heard cise their reproductive rights. My Democratic colleagues and I are me speak before about the tragic loss This debate is frustrating, it is dis- focused on how much the Court’s deci- of Deamonte Driver, a 12-year-old appointing, and, frankly, it is appalling sion in this case will mean for women Prince George’s County resident. In that in the 21st century—43 years since now and for generations to come. So 2007, Deamonte’s death was particu- the historic ruling in Roe v. Wade—we instead of trying to obstruct justice, larly heartbreaking because it was en- even have to have a discussion about we are urging the Supreme Court to en- tirely preventable. What started out as whether a woman has the right to sure justice by upholding settled law. a toothache turned into a severe brain make her own decisions about her own For women, being able to exercise their infection that could have been pre- body. But one thing that has always constitutionally protected reproduc- vented by an $80 extraction. After mul- kept me going is seeing that when tive rights means health, it means free- tiple surgeries and a lengthy hospital their health and their rights and their dom, and it means opportunity. We stay, sadly, Deamonte passed away—9 opportunities are at stake, women cannot and we should not go backward. years ago today. So today we mark the stand up and make it clear why repro- I yield the floor. ninth anniversary of his tragic death. ductive freedom is so important. The PRESIDING OFFICER. The Sen- Since the tragic death of Deamonte As we have fought back against ator from Maryland. in 2007, we have made significant Texas’s extreme anti-abortion law, f progress in improving access to pedi- women have explained that because atric dental care in the country. For they were able to plan when they had NATIONAL CHILDREN’S DENTAL example, in 2009, Congress reauthorized children, they were able to escape abu- HEALTH MONTH the Children’s Health Insurance Pro- sive relationships. They have told us Mr. CARDIN. Madam President, I gram—CHIP—with an important addi- that because they had control over rise today to recognize February as Na- tion: a guaranteed pediatric dental their own bodies, they were able to tional Children’s Dental Health Month. benefit. Today, CHIP provides afford- break cycles of poverty generations Since 1981, this month has afforded us able comprehensive health coverage, long and give back to their commu- the opportunity to acknowledge the including dental coverage, to more nities. They have shared their experi- importance of children’s dental health, than 8 million children. Thanks to ences of making the extraordinarily recognize the significant strides we CHIP, we now have the highest number difficult decision to end a pregnancy have made and the work that remains of children in history with medical and out of medical necessity. These are to be done, and renew our commitment dental coverage. In addition, in 2010, powerful stories about the difference to ensuring all children in our country Congress included pediatric dental self-determination makes for women. have access to affordable and com- services in the set of essential health These stories are possible because of prehensive dental services. To echo benefits established under the Afford- constitutional rights affirmed in Roe v. former U.S. Surgeon General C. Ever- able Care Act. Wade and protected in Planned Parent- ett Koop, ‘‘there is no health without I am very proud my State of Mary- hood v. Casey. oral health.’’ land has been recognized as a national If Texas’s extreme anti-abortion law Despite being largely preventable, leader in pediatric dental health cov- stands, three-quarters of clinics in the tooth decay is the single most chronic erage. In a 2011 Pew Center report, State are expected to shut down— health condition among children and ‘‘The State of Children’s Dental three-quarters of them. As a result, adolescents in the United States. It is Health,’’ Maryland earned an A and 900,000 women of childbearing age in 5 times more common than asthma and was the only State to meet seven of the Texas will have to drive as far as 300 20 times more common than diabetes. eight policy benchmarks for addressing miles round trip just to get the care Nearly half, 44 percent, of the children children’s dental health needs. they need. And women in States with in the United States will have at least In addition, in the Maryland Health laws like Texas will face similar bar- one cavity by the time they start kin- Benefit Exchange, every qualified riers. dergarten. Children with cavities in health plan now includes pediatric den- I believe strongly that a right means their primary or ‘‘baby’’ teeth are tal coverage, so families do not have to nothing without the ability to exercise three times more likely to develop cav- pay a separate premium for dental cov- that right. Laws like those in Texas ities in their permanent adult teeth, erage for their children and do not and Louisiana, which are driven by ex- and the early loss of baby teeth can have a separate deductible or out-of-

VerDate Sep 11 2014 23:38 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.017 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S1030 CONGRESSIONAL RECORD — SENATE February 25, 2016 pocket limit for pediatric dental serv- tisan differences. There is a reason peo- ment does it say the Senate has a duty to ices. ple choose to be Republicans or Demo- give Presidential appointees a vote. However, Madam President, more crats. But my experience has been that That is a fact. Senator REID is cor- work remains to be done. For example, most of the time we agree on the goal, rect. The President proposes a nomi- according to a recent report by the De- just not on the means to achieve the nee, and the Senate either grants or partment of Health and Human Serv- goal. withholds consent under the terms of ices Office of Inspector General, three While bipartisanship is important, the Constitution itself. But of course, out of four children covered by Med- leadership really does matter, and I that is what Senator REID was sug- icaid did not receive all required dental think we have seen what a difference it gesting back when George W. Bush was services over a recent 2-year period, can make in the 114th Congress—since President of the United States—that with one in every four failing to see a the last election in 2014. I will mention the Senate was under no obligation to dentist at all. This is simply unaccept- just a couple of examples. even give those nominees a vote. able. We must act to ensure that all One is the first major overhaul to Then, more recently, there is Senator American children have access to com- education reform since No Child Left SCHUMER, who I know is really stirred prehensive oral health care. Behind. We also passed a major long- up about our intention not to process a I urge my colleagues to join me in term Transportation bill. I know it nominee this year and to have a ref- this effort. Tragically, our health care seems like a small thing in isolation, erendum as a result of this Presidential system was not there for Deamonte. but it really does make a difference to election on who makes that appoint- Today, on the ninth anniversary of his fast-growing States such as mine— ment—perhaps for the next 30 years. death, let us honor his memory and Texas—to be able to plan ahead when it That is how long Justice Scalia served pledge to do better for the children in comes to maintaining and operating on the Supreme Court of the United our country by working together to our transportation infrastructure. States. But here is Senator CHUCK build on the significant strides we have Frankly, it saves taxpayer money when SCHUMER, the senior Senator from New made over the past 9 years, and to en- you can plan on the long haul rather York. This was 18 months before Presi- sure that all children have access to af- than in a series of starts and stops. dent George W. Bush left office—18 fordable and comprehensive pediatric A subject that is near and dear to my months, or a year and a half, before he dental services. heart is the first major help we have left office. Madam President, I yield the floor. been able to provide to victims of Senator SCHUMER said: For the rest The PRESIDING OFFICER. The ma- human trafficking in 25 years. Because of this President’s term, we ‘‘should re- jority whip. of a resource deficit at the local level, verse the presumption of confirma- a lot of big-hearted people who wanted f tion.’’ In other words, he was saying to help simply didn’t have the re- there was a presumption against con- SENATE ACCOMPLISHMENTS AND sources to do it—simple things such as firming. He said he would recommend FILLING THE SUPREME COURT rescuing people who are victims of to his colleagues that we should ‘‘not VACANCY human trafficking and providing them confirm a Supreme Court nominee ex- Mr. CORNYN. Madam President, not- a safe place to stay. Now, as a result of cept in extraordinary circumstances.’’ withstanding our occasional dustups the Justice for Victims of Trafficking Then, of course, more recently a lit- and kerfuffles and disagreements that Act, we are going to be able to provide tle research was done into the record of through a victim’s compensation fund we have in the Senate—and that is not Vice President BIDEN when he was a bad thing—the Senate is supposed to up to $60 million a year to help provide Chairman of the Senate Judiciary be a place where differences of opinion grants for housing, for rescue, and for Committee back in 1992. He said: The and different points of view are de- victims of human trafficking. Senate Judiciary Committee should se- It is true there are some differences bated, voted on, and played out here on riously consider not scheduling con- between the political parties, and that the floor of the Senate in an attempt firmation hearings on the nomination shouldn’t be a matter for panic. We to achieve consensus on a bipartisan until after the political campaign sea- shouldn’t say: Well, I guess we can’t do basis and make legislative progress for anything since we can’t do this one son is over. Action on a Supreme Court the American people. thing. It is certainly true with respect nomination must be put off until after I have to say that since 2015, under to the recent passing of Supreme Court the election campaign is over. new leadership, this Chamber has been So it strikes me as rather hypo- Justice Antonin Scalia. marked by a spirit of hard work, bipar- It is clear that we have reached a critical for our Democratic friends to tisanship, and accomplishment. I am major point of disagreement or I guess say that these were the rules when sure we have all been frustrated by the you could look at it this way: We actu- George W. Bush was in office or when things we cannot accomplish because, ally are agreeing with the position that his father, George Herbert Walker frankly, there is no consensus, but that Vice President BIDEN took when he was Bush, was in office, in the case of 1992, shouldn’t deter us from working to- chairman of the Senate Judiciary Com- but now that President Obama is in of- gether where we can to make progress mittee. We are now agreeing with the fice, a different set of rules ought to for the American people. So I am position that was taken by then-Senate apply. frankly proud of what the Senate has Democratic leader REID, and we are It would be completely hypocritical done, again on a bipartisan basis. agreeing with the position that was of them to say that. But this is a mat- I think one of the greatest frustra- taken in 2007 by Senator CHUCK SCHU- ter of disagreement. There is no debate tions under the previous leadership was MER, a Member of the senior Senate about that. But it does not mean that that even if you were a Member of the leadership of the Democratic Party. just because we are divided along party majority party, you could not get I mentioned these yesterday. I will lines on this matter that there are amendments on legislation. You could just go over them really quickly again. other things we cannot do together. I not get votes on amendments. So you Surely, our Democratic friends don’t think our friends across the aisle would were basically shut out of the process, think that Republicans, when we are in agree that there is a lot of important not just if you were in the minority but the majority, ought to be constrained work that we can and should do to- including when you were in the major- by different rules than apply to them. gether. ity. That is a little hard to explain to That does not make any sense at all. The chairman of the Energy and Nat- your constituents back home. Indeed, I How foolish we would be, in the major- ural Resources Committee, along with think that is one reason we saw some ity, to say that this is the way that the ranking member from Washington, races for the Senate turn around the Democrats view the rules and that we has worked diligently on energy legis- way they did in 2014. are going to apply a different set of lation that we are currently consid- The truth is that under new leader- rules to ourselves. ering. It is legislation that would up- ship we have proved we can work to- This is what Senator REID said in date and modernize our country’s en- gether on the issues that matter most 2005. He said: ergy infrastructure for the 21st cen- to the people of our country. That is The duties of the Senate are set forth in tury. We still need to find a way for- not to say there will not be some par- the U.S. Constitution. Nowhere in that docu- ward to deal with this legislation. I

VerDate Sep 11 2014 23:38 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.018 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 25, 2016 CONGRESSIONAL RECORD — SENATE S1031 know this is an opinion that many standards today than they advocated the Senate this year. It is true that we members on the Energy Committee and in the past. That is nothing more, do have a major difference of opinion in this Chamber share on a bipartisan nothing less than hypocritical. when it comes to filling the vacancy basis. What is out of line is when you have left by the untimely death of Justice There is another piece of legislation personal attacks against the Members Scalia. But it is true that we are only that has strong bipartisan support that of the Senate, particularly the chair- applying the rules that were advocated was voted out of the Senate Judiciary man of the Senate Judiciary Com- for by the chairman of the Judiciary Committee, unanimously, called the mittee. The minority leader, the Committee, now Vice President BIDEN, Comprehensive Addiction and Recov- Democratic leader, made a personal at- in 1992, and by minority leader REID in ery Act, known as CARA. This legisla- tack against the chairman of the Judi- 2005 and Senator SCHUMER in 2007. tion is in response to the growing ciary Committee right here on the Sen- Surely they cannot expect us to opioid abuse epidemic that affects our ate floor just yesterday. What he said apply a different set of rules today Nation, an epidemic that has claimed was so far from the truth that it is not than they themselves said they would the lives of tens of thousands of Ameri- even worth repeating. apply if the shoe were on the other cans each year, along with the con- But what I would like to make clear foot. But we can still work together on comitant scourge of cheap heroin com- is that Chairman GRASSLEY, the chair- other legislation, such as the Com- ing across our borders from Mexico, be- man of the Judiciary Committee, has prehensive Addiction and Recovery cause when people can’t get the pre- made a big impression on this Chamber Act, such as the energy legislation we scription drugs—the opioids—then too and on the legislation that we have are considering now, because we do many of them revert to cheaper heroin passed. I mentioned the CARA Act that have a lot of work left to do, and there with disastrous consequences. passed out of the Judiciary Committee is a lot we can accomplish together. I yield the floor. I know that on a bipartisan basis the RASSLEY unanimously. Senator G has a I suggest the absence of a quorum. junior Senators from New Hampshire decades-long dedication to serving the The PRESIDING OFFICER. The and Ohio have particularly led on this people of Iowa in this body. clerk will call the roll. on my side of the aisle. But they have So I don’t know how the Democratic The bill clerk proceeded to call the worked with the junior Senator from leader can come out and personally at- roll. Rhode Island, Mr. WHITEHOUSE, and the tack a colleague who has done an out- Mrs. FISCHER. Mr. President, I ask senior Senator from Minnesota, Ms. standing job as chairman of the Judici- unanimous consent that the order for KLOBUCHAR, to make this a top pri- ary Committee, while basically what the quorum call be rescinded. ority. So we are going to have a chance we are embracing is what he himself The PRESIDING OFFICER (Mr. to show very soon that we are com- argued for in 2005. How does that work? DAINES). Without objection, it is so or- mitted to actually getting important Well, I would say the Democratic dered. legislation, such as the Comprehensive leader does not have a lot of firm f Addiction and Recovery Act, passed by ground to stand on when it comes to SAFE PIPES ACT this Chamber. judicial nominations. I would like to This week also, the senior Senator remind my colleagues that the Demo- Mrs. FISCHER. Mr. President, I wish from Vermont, Mr. LEAHY, who is the cratic leader, just a few short years to take a moment to speak today on a ranking member on the Senate Judici- ago, took the position that there were bipartisan pipeline safety bill that will ary Committee, and I introduced legis- no fixed rules when it comes to judicial soon be considered by the full Senate. lation called the Justice for All Reau- nominations. Then, in 2014, he simply Last December, the Senate Com- thorization Act. That bill would pro- tore up the rule book by invoking the merce Committee unanimously passed vide important resources to victims of so-called nuclear option, breaking the legislation to strengthen pipeline safe- domestic violence, and it would target rules to change the rules on judicial ty across our Nation. I have been work- resources on the rape kit backlog, nominations, as he attempted—suc- ing with my colleagues, Senator BOOK- which is, just frankly, an embarrass- cessfully, I will say—to pack the Dis- ER, the Presiding Officer Senator DAINES, and Senator PETERS, on this ment to our criminal justice system. trict of Columbia Court of Appeals by bill for nearly 9 months, and we are It has been estimated that there are breaking the rules of the Senate in as many as 400,000 rape kits; that is, fo- proud of this bipartisan legislation. order to pack the District of Columbia Over the past several months, we rensic evidence taken after a sexual as- Court of Appeals, which many have have held several hearings, including sault that would, if tested, reveal the said is the second most important one in the Presiding Officer’s home identity of the attacker through DNA court in the Nation. State, in Billings, MO, last September. testing. So I hope he will take into consider- Not far from Billings, in January of There is just no excuse not to test ation his prior actions, which are far 2015, the Poplar Pipeline spilled nearly those rape kits, which are part of that more disruptive and poisoned the well 30,000 gallons of crude oil into the backlog. We know that many of the as- of this institution more than anything State’s precious Yellowstone River. sailants in these cases are serial abus- we are talking about doing now, espe- This incident reinforced the need for a ers, and many times we can stop some- cially when we are agreeing with him, robust update to our laws regarding one before they attack again, if we will at least on this point. both the pipeline system and the gov- just test those kits. There is about $120 But most of all, I would hope that we ernment agency charged with keeping million each year that Congress appro- can conduct our debates in a civil and it safe. priates for the Debbie Smith Act. a dignified fashion. People watch what Pipeline infrastructure transports Debbie Smith is the person for whom we do and we say here. When people vital energy resources to homes, busi- this legislation is named—and quite ap- come out here and make hypocritical nesses, schools, and commercial cen- propriately so. She has been a cham- attacks, I don’t think it reflects very ters across the United States. Accord- pion of eliminating that rape kit back- well on the person making that attack, ing to the Pipeline and Hazardous Ma- log. That is a large part of what the and I don’t think it reflects well on the terials Safety Administration, or Justice for All Reauthorization Act Senate as a body. It is certainly not a PHMSA, more than 2.5 million miles of would help us do. good example for our young people or pipelines traverse this country. Our So I would ask our friends across the other people who might be looking at bill, the SAFE PIPES Act, would in- aisle, while they come out on the floor how we conduct ourselves as they crease congressional oversight over or give press conferences and express think: Well, that is the way we air our pipeline safety programs at PHMSA. It mock horror at the fact that Repub- differences. Then certainly they can be would also provide greater flexibility licans in the majority now would apply forgiven for thinking: Well, maybe that and resources to State pipeline safety the same standards that they advo- is the way I ought to conduct myself. officials. Further, the bill would re- cated for when they were in the major- That is not the message we should be quire PHMSA to reprioritize congres- ity, to tone down the rhetoric and conveying. sional directives and conduct an assess- avoid the hypocrisy that seems so ap- Well, we can continue to do a lot of ment of the pipeline integrity manage- parent when they argue for different good work here on a bipartisan basis in ment program.

VerDate Sep 11 2014 03:53 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.020 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S1032 CONGRESSIONAL RECORD — SENATE February 25, 2016 Pipeline safety affects citizens in fore buying Pork Chop John 9 years that is the tradition of our country, each and every one of our States. In later. The restaurant has expanded to a that Senators—we run for office will- my home State of Nebraska, we experi- second location on 2400 Harrison Ave- ingly, enthusiastically. We work hard enced this just a couple months ago. In nue, which was formerly a Texaco gas to get here. We take an oath of office. January, a ruptured natural gas pipe- station. After John retired 20 years Every couple of weeks, we get a pay- line exploded in the Old Market area of ago, two of his sons, Ed and Tom check. And some are saying we simply downtown Omaha. The disaster de- Orizotti, took over the restaurant and shouldn’t do our job and move forward stroyed a historic building, and it did currently run Pork Chop John. with this nomination. injure several people. The SAFE PIPES I remember as a kid in Montana, it Complete refusal to consider any Act would encourage the use of ad- was the stop you made when you were nominee from this President is out- vanced technology for pipeline map- on a trip. It didn’t matter whether you rageous. It is indefensible, and it is un- ping and help avoid accidents like this were on a sports trip, band trip or a precedented in spite of what some of moving forward. speech debate trip, you stopped at Pork my colleagues would like to say. Don’t In California, the massive Aliso Can- Chop John’s in Butte to grab some- take my word for it. Senator GRASS- yon underground natural gas storage thing to eat. LEY, the Republican chairman of the facility leak posed a serious public In fact, the very first stop my wife Judiciary Committee, said as recently health threat and displaced hundreds of and I made after we announced our as 2008 that ‘‘the reality is that the families from their homes. The SAFE campaign for the U.S. Congress in Senate has never stopped confirming PIPES Act would direct PHMSA to cre- Bozeman was at Pork Chop John’s in judicial nominees during the last few ate crucial minimum standards for un- Butte to grab a sandwich. months of a President’s term.’’ The derground natural gas storage facili- All seven of Orizotti’s children have country didn’t elect Barack Obama— ties. It would also establish an Aliso worked at the restaurant at some point whether you voted for him or against Canyon working group to ensure that in their lives and the pork chop batter him—for a 3-year term or three-fifths similar incidents are avoided in the fu- recipe remains a family secret to this of a term; the country elected him for ture. I appreciate the strong support day. The restaurant itself has been in a 4-year term. provided by the California Senators, the family for 47 years. Since the Civil War, no Supreme BARBARA BOXER and DIANNE FEINSTEIN, John was greatly beloved by many in Court vacancy has been left open for a who helped draft the working group his community. His past employees and year. For the past century, the Senate provisions there. They also serve as co- friends have nothing but wonderful has taken action on every single pend- sponsors of our SAFE PIPES Act. things to say about him, including how ing Supreme Court nominee. The Senate must pass this robust, bi- he would put his whole heart into all of I talk to people in Ohio all the time, partisan legislation. We all have a re- his endeavors. Others called him Republicans and Democrats alike. I sponsibility to prioritize not only the gentle, caring, honest, and never hav- talked to a Republican today who sup- efficient permitting and construction ing a bad word to say about anybody. ports Senator RUBIO for President and of energy infrastructure but also the He has probably been best described as probably votes for Republicans for safety and the security of our Nation’s one of the legends of Butte and a President in every election. He said: I extensive pipeline network. ‘‘Butte icon.’’ just can’t believe what MITCH MCCON- Mr. President, I yield the floor. John Orizotti made a lasting impact NELL did. I can’t believe my party—the I suggest the absence of a quorum. on his family, community, and busi- people I vote for in Senate races and The PRESIDING OFFICER. The ness. May his legacy of hard work and House races—would possibly say that clerk will call the roll. kind heart be forever honored and re- we are not going to have a hearing on The senior assistant legislative clerk membered. this nominee. proceeded to call the roll. Cindy and I offer our deepest condo- Mr. DAINES. Madam President, I ask lences to the family. We are not even going to meet with unanimous consent that the order for I suggest the absence of a quorum. this nominee. I mean, a number of Sen- the quorum call be rescinded. The PRESIDING OFFICER. The ate Republicans said: We won’t even The PRESIDING OFFICER (Mrs. clerk will call the roll. shake hands. We aren’t even willing to FISCHER). Without objection, it is so The senior assistant legislative clerk meet with a Supreme Court nominee ordered. proceeded to call the roll. whom the President of the United States, under the Constitution, shall f Mr. BROWN. Madam President, I ask unanimous consent that the order for appoint, whom the President of the REMEMBERING JOHN ORIZOTTI the quorum call be rescinded. United States submits to the U.S. Sen- Mr. DAINES. Madam President, John The PRESIDING OFFICER. Without ate. Orizotti, most famously known as objection, it is so ordered. Let’s look at what has happened in ‘‘Pork Chop John,’’ passed away on Mr. BROWN. Madam President, I ask the past. In 1988, which was President Monday in his Butte home at the age of unanimous consent to speak in morn- Reagan’s final year in office, a Demo- 82. Montanans know John for his ef- ing business for up to 10 minutes. cratic majority unanimously con- forts to expand his restaurant’s flour- The PRESIDING OFFICER. Without firmed Justice Anthony Kennedy. That ishing business. John bought Pork objection, it is so ordered. was in 1988. Again, President Reagan Chop John on 8 West Mercury Street in f submitted his name in 1988. He was 1969, when sandwiches sold for 65 cents. confirmed by a Democratic Senate. In According to his oldest son Rick FILLING THE SUPREME COURT fact, the Senate has been confirming Orizotti, owning the shop was some- VACANCY Justices in Presidential elections since thing he wanted to do his whole life, Mr. BROWN. Madam President, the our Nation’s founding. Two of Presi- and he always kept his eye on it. Rick sudden passing and tragic death of U.S. dent Washington’s nominees were con- said: ‘‘He was truly very proud to be Supreme Court Justice Scalia leaves us firmed during his last years in office. Pork Chop John. He was a man that with a vacancy to fill on our country’s Since 1916, every pending Supreme really loved going to work, really highest Court, but it shouldn’t lead us Court nominee has either received a worked hard.’’ to a yearlong political standoff. hearing or been confirmed quickly be- John was born in Butte on September Article II, section 2, of the Constitu- fore a hearing even took place. Think 25, 1933. He graduated from Butte High tion is clear: The President shall nomi- about that. A pending Supreme Court School in 1951 and married his high nate a Supreme Court Justice with the nominee has never been denied a hear- school sweetheart Mary Carol when he advice and consent of the Senate. It ing in the history of the United States. was 21 and she was 19. doesn’t say ‘‘may.’’ It doesn’t say The only exception is the nominees He worked for his father-in-law Dan ‘‘maybe.’’ It isn’t followed by a clause who were confirmed without a hearing. Piazzola at the Better Meat Market which says that Senators don’t have to Yet, within hours—I think only min- and then went on to open the Main do their jobs in an election year. It utes, actually—within less than an Public Market in 1960 with Piazzola be- doesn’t say anything about that. And hour, I believe, of the announcement of

VerDate Sep 11 2014 23:38 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.033 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 25, 2016 CONGRESSIONAL RECORD — SENATE S1033 Justice Scalia’s passing, the Repub- I have heard so many Republicans in could have easily done. And the Senate lican leader of the Senate, the major- the Senate say that we do all these did its job, the same thing we are ask- ity leader of the Senate pretty much things and create uncertainty—uncer- ing the Senate to do today. said: We are not going to do our job. tainty in the economy, uncertainty in Both Justice Thomas and Justice We are not even going to have a hear- regulation, uncertainty in the con- Alito were confirmed by the Senate ing on whomever the President of the sumer bureau, whatever. This is the with fewer than 60 votes. That means, United States nominates. We are not worst kind of uncertainty. It is self-af- again, they could have blocked them only not going to have a hearing, he flicted, and it affects entirely one-third with a filibuster. They didn’t. They al- then said later, I am not even going to of the government, one of the three lowed both of them to come forward. meet with that person. Imagine that. branches of government. Without a full Even though they had lots of opposi- So that nomination—whomever bench, justice could be further delayed tion, they still allowed an up-or-down President Obama nominates—that va- for Americans who fought for years to vote. Yet this time Senate Republicans cancy will be more than a year for sure have their cases heard. Split deci- are refusing to hold hearings and are, if the Senate does nothing on this con- sions—4 to 4 would leave legal ques- in many cases, even refusing to meet firmation. Again, the last time there tions unanswered and leave Americans with the nominee. was a vacancy for as long as 1 year was in different parts of the country sub- Do your job. You were sworn in. You during the Civil War. It was 150 years ject to different laws. How do we pre- ran for these offices and then you were ago. That is because there was a Civil vent that? Do your job, I say to my col- sworn in. Do your job. You get paid to War and the Congress wasn’t very func- leagues in the Senate. do these jobs. Show up for work and do tional in those days. Members were In the past, Senator MCCONNELL him- your job. leaving the Court, leaving the Senate self has agreed with a normal, delibera- Can we imagine how Republicans and House after secession in 1861 and tive approach for Supreme Court nomi- would have reacted if Democrats had all the other things that happened. nees. He said in 2005: ‘‘Our job is to shown Ronald Reagan this same dis- We have nearly a year left in Presi- react to that nomination in a respect- respect when we considered Justice dent Obama’s term, about a quarter of ful and dignified way, and at the end of Kennedy’s nomination? I wasn’t here the term the American people elected the process, to give that person an up- then, but we certainly understand the him to serve. That is plenty of time for or-down vote as all nominees who have history of the story. the Senate to carefully consider and re- majority support have gotten through- The consistent attempt to view a nominee. out the history of the country.’’ delegitimize a democratically elected President Obama—and just to make That is what he said a decade ago. President is politics at its worst. In it clear, he was not just elected, he was Now he is saying the Senate will not 2013, the Republicans didn’t like the re- elected decisively. I believe he is only even do our jobs. Again, we run for sults of the 2012 election, so they shut the second Democrat in American his- these offices, we get sworn in to these down the government. Three years tory—surely the second Democrat offices when we win elections, we get later they still don’t like the results of since the Civil War—he is only the sec- paid every two weeks; we should be the 2012 election, so they are saying: ond Democrat since the Civil War to at doing our job. I am not saying every Well, forget the 2012 election, this is all least twice win a majority of the pop- Republican has to vote for the Presi- about the 2016 election. ular vote. Only President Obama, who dent’s nominee. What we are saying is What it is really about is that the got more than 50 percent of the vote meet with them. The President will do President of the United States was twice, and President Roosevelt, who the nomination. We should begin hear- elected in 2012 with the majority of the got more than 50 percent of the vote, I ings. We should meet with these nomi- vote and in an electoral college land- believe, four times—they were the only nees individually. For every Supreme slide. He was elected for a 4-year Democrats in 150 years who got a ma- Court nomination since I have been in term—not a 3-year and 1-month term, jority of the vote twice. President Clin- the Senate, I have had an hour-long not three-fifths of a term—a 4-year ton was elected twice with a plurality. meeting with each nominee, and we term. American history, in spite of President Wilson was elected twice then make our decisions based on that. what my colleagues like to say with with a plurality. President Obama and We have not said we are not going to their revisionist history—in spite of President Roosevelt were decisive wins. do our work, we are not going to do our what they like to say about revisionist This wasn’t an accidental win. This jobs. How would that make sense? history, the fact is we have done this in wasn’t a candidate put into office by a The only difference now is that we the fourth year or the eighth year of decision of the U.S. Supreme Court. have a different President. Time and many Presidents. Now they are trying This was a legitimate election and a again the Democrats in the Senate to—as they shut down the government decisive win. have given Republican Supreme Court in response to the 2012 election of Let’s look at some of those nominees. nominees a fair hearing and the up-or- which they didn’t like the outcome, The longest nomination on record was down vote they deserve. During the 7 now they are trying to shut down the Justice Brandeis, who I believe was the years the Vice President chaired the Supreme Court process with a year left first Jewish American to be appointed Judiciary Committee, when he was a in this President’s term. You don’t to the Supreme Court. His took 125 Senator here, he did his job. He shut the whole system down when you days. President Obama has more than oversaw the confirmation of three Jus- don’t get your way. It is a dangerous 300 days left in his term. tices who were nominated by Repub- precedent that undermines our democ- If we fail to confirm a nominee, if lican Presidents. racy. Senate Republicans fail to do their In the case of Clarence Thomas, he Our friends on the other side of the job—they were elected. They were even allowed Justice Thomas to have aisle justified this saying: We need to sworn in. They get paid. All of us do. an up-or-down vote on the Senate floor, let the people make the choice. Well, We are just asking them to do their even though the committee failed to they did. They made their choice in job. But if Senate Republicans don’t do report his nomination with a favorable 2012 by selecting a President for a 4- their job, two Supreme Court terms recommendation. So what does that year term. This is the fourth year of will pass before a new Justice is ap- mean? That means that when Clarence his term. There is no reason this Presi- pointed. Thomas was in front of the Judiciary dent shouldn’t have the obligation and Yesterday I spoke with Professor Committee, a majority of members the right to nominate a candidate and Peter Shane, a constitutional law pro- said no, they didn’t want to confirm send a name to the Senate, and there is fessor at Ohio State’s Moritz College of him, yet they still moved his nomina- no reason that Senators shouldn’t do Law in Columbus. Professor Shane said tion to the floor. They didn’t filibuster. their jobs—have hearings, meet with that a vacancy of this unprecedented They didn’t require 60 votes. They just the nominee, bring him to the floor for length on the Supreme Court ‘‘will said: A majority vote wins. Thomas a vote with a 50-vote threshold—a ma- compromise its ability to perform its won. Even though Democratic leader- jority vote—and see what happens. proper constitutional function’’ and it ship voted against him, Thomas won They may vote no. If they vote no, that will create ‘‘prolonged uncertainty.’’ 52–48. Nobody blocked him, which they is a legitimate exercise, but if they are

VerDate Sep 11 2014 00:05 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.035 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S1034 CONGRESSIONAL RECORD — SENATE February 25, 2016 not willing to go through the process Jeff was also a loving husband. He Jenny was at work when the phone and see what might happen—see what met his wife Jenny at a football game rang. ‘‘There’s been an accident,’’ she the public judges as the right decision at the University of Nebraska at was told. ‘‘We need you to come to Ger- in whether to confirm or not—they are Kearney. Fate brought them together, many.’’ not doing their jobs. and they began a natural and a com- It seemed like an eternity before It may be asking too much when I fortable relationship that blossomed Jenny was able to reach Jeff’s side at have seen the partisanship and the quickly. Jenny excelled at golf in col- the hospital in Germany. As soon as head-in-the-sand attitudes and the lege. Jeff would attend her tour- she arrived, it was clear Jeff was not fight-this-president-at-all-costs views naments, cheering her on as the team going to make it home. He passed away of so many on the other side, but I ex- progressed to a winning season. Then, a few days later, with Jenny at his pect this Senate to put politics aside after the final round of the 2002 NCAA side. and give a fair hearing and an up-or- Division II Women’s Golf Tournament, Jenny returned home to Nebraska, down vote to any qualified nominee be- Jeff came up to Jenny on the 18th saying goodbye to Jeff one last time cause that is our job. green where he knelt down and pro- and bracing for a life without the man Simply put, we need to do our job. posed. she loved. Madam President, I yield the floor. That same year, Jeff was promoted Shortly after the funeral, a letter ar- The PRESIDING OFFICER (Mrs. to sergeant and recognized for out- rived. It was from Jeff, and there was a ERNST). The Senator from Nebraska. standing gunnery marksmanship. Jeff reply to her questions about golf and f and Jenny also began discussing their their future. He had written to tell his HONORING NEBRASKA’S SOLDIERS future plans. Their talks became more wife to pursue her dream. He told her WHO LOST THEIR LIVES IN COM- intense when Jeff’s unit, the 1–167th to find the focus and dedication that BAT Cavalry, was called to duty in Bosnia. she yearned for in her life. If there was Jeff and Jenny wasted no time, and something she wanted to pursue, he Mrs. FISCHER. Madam President, I would support her every step of the rise today to continue my tribute to they were married on October 12, 2002. Two days later, Jeff left for Bosnia. way. this current generation of Nebraska he- So Jenny pursued that dream. She roes by remembering those who died After 11 months, Jeff returned home and the two settled down back in competed for and she earned a spot on defending our freedom in Iraq and Af- the Ladies Professional Golf Associa- ghanistan. Each of our fallen Nebras- Cairo, NE. A world away, the war in Iraq contin- tion tour, and she played in a number kans has a special story to tell. Over ued. By the fall of 2005, the American of professional tournaments. the next year and beyond, I will con- But as any Nebraskan can under- tinue to devote time here on the Sen- public was hopeful that major military operations in the region would be com- stand, ‘‘the good life’’ pulled her back. ate floor to remember each of them in Today, she is the mother of three beau- a special tribute to their life and to ing to an end. However, the bombing of the al-Askari mosque in February of tiful children. She still reads the let- their service to our country. ters from Jeff every once in a while, Time after time, Nebraska’s Gold 2006 ignited a Sunni-Shia civil war that plunged Iraq deeper into violence. At and Jeff is with her every day in her Star families tell me the same thing. heart. They hope and pray that the supreme that time, the American military was operating as a peacekeeping force, but For his service in Iraq, Jeff was sacrifices of their loved ones will al- awarded the Iraqi Campaign Medal, the ways be remembered. things quickly turned deadly, and the coalition found themselves engaged in Global War on Terrorism Service SERGEANT JEFFREY HANSEN Medal, and the Armed Forces Reserve Today I want to celebrate the life of dramatic wartime operations. Jeff’s unit arrived in Iraq just before Medal. He was also posthumously SGT Jeffrey Hansen of Cairo, NE. awarded the Bronze Star, the Army Jeff grew up with the heart of a sol- the al-Askari mosque bombing. Oper- ating out of Balad Air Base, his unit, Good Conduct Medal, and the Overseas dier. He enjoyed an all-American child- Service Ribbon. hood, spending time outdoors, hunting, ‘‘the Cav,’’ was known for their ability to complete security operations in one Jeff is survived by his widow Jenny, playing football, and staying in shape. his father Robert, and his brother Jer- Born in Minden, NE, and a 1993 grad- of the most violent areas of the coun- try. The days were long, and with each emy. Our Nation and all Nebraskans uate of Bertrand High School, Jeff at- are forever indebted to his service and tended college at the University of Ne- mission they faced imminent danger. All the while, Jeff kept his head in the sacrifice. braska at Kearney before graduating in SGT Jeffrey Hansen is a hero, and I game and inspired his battle buddies to 1997 with a bachelor’s degree in ath- am honored to tell his story, lest we do the same. letic training. forget his life and the freedom he Over the years, the urge to serve his While Jeff was gone, Jenny remained active, and she continued to excel on fought to defend. country tugged at Jeff. He decided to Thank you, Madam President. enlist with the Nebraska Army Na- the golf course. She won the Nebraska I yield the floor. tional Guard in January of 2000. A nat- Women’s State Amateur Golf Cham- The PRESIDING OFFICER. The Sen- ural leader, he quickly rose through pionship and qualified for the 2006 U.S. ator from Connecticut. Women’s Amateur Open. As she contin- the ranks, serving as an assistant f squad leader, fire team leader, and ued to advance, Jenny began thinking squad leader before his last assignment about playing the sport professionally, GUN VIOLENCE as a fire support sergeant. so she wrote to Jeff, asking for his Mr. MURPHY. Madam President, I Jeff exhibited outstanding leadership guidance and thoughts on this impor- think we are all very touched and as a member of Troop A in the 1–167th tant new stage—one they would share moved by Senator FISCHER’s remarks Cavalry of the Nebraska Army Na- and navigate on their journey together. and the thoughts of the entire body go tional Guard. Friends remember Jeff as Back in Iraq, Jeff headed out on pa- out to Sergeant Hansen’s family and an awesome teacher and an amazing trol where conditions worsened with those he left behind. mentor. SGT Brad Jessen recalls how limited visibility. Out of nowhere, I am on the floor today with no bet- Jeff was very soft spoken, but he al- Jeff’s humvee hit a sinkhole and it ter news. We all woke up just days ago ways had something intelligent to say. flipped, landing upside down in a canal. to the news of another mass shooting, In civilian life, Jeff became a As this was unfolding, Jeff pushed the this time in Kalamazoo. Saturday, an- Kearney police officer in 2002, and he other soldiers out of the vehicle, all of other community was changed forever later joined the Department of Vet- whom survived the crash. Meanwhile, by gun violence. We live it every day in erans Affairs Police force in Grand Is- Jeff was still in the humvee and criti- Connecticut, still mourning 20 dead land. James Arends, who worked with cally injured. SGT Brad Jessen re- first-graders and 6 teachers who pro- him as a sergeant in the VA Police mained at the scene, keeping Jeff alive tected them. Service, said, ‘‘Jeff was the strong, si- until the medical team arrived. Jeff In this case, the alleged killer used a lent type. He didn’t talk a lot, but was quickly flown to Germany for semiautomatic handgun to kill six peo- when he did, people listened.’’ emergency care. ple and injure at least two others

VerDate Sep 11 2014 00:05 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.036 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 25, 2016 CONGRESSIONAL RECORD — SENATE S1035 across three incidents between about 6 getting married, making the room- episode in Kalamazoo. What is so sad is p.m. and 10:30 p.m. That Saturday mates not only friends but also family. that when the shootings in Kalamazoo night the shooter first shot a woman Mary Lou dedicated her time as a man- began that Saturday evening, a dozen several times, leaving her seriously ager of the Michigan Secretary of other people had already been killed in wounded. Then, next to a car dealer- State branch in South Haven prior to multiple victim incidents since the ship, he gunned down a father and son. its closing. She shared her love of chil- weekend started. Set aside all of those Later, he approached two cars that dren for the last 6 to 7 years working at one-of instances of gun violence. Set were parked outside a neighboring a daycare center. A local pastor said aside all of the suicides. Just last Cracker Barrel restaurant. He opened she always had a smile on her face and weekend, before Kalamazoo happened, fire there and killed four. was loved by the kids she worked with. a dozen other people had been shot I have been coming down to the floor ‘‘It was never about her,’’ he said, ‘‘al- across this country in multiple victim now for almost 3 years telling the sto- ways about making sure things were incidents. There is no other country in ries of victims of gun violence. I am right for the children.’’ Her son said his the world that has that level of epi- going to talk about six today. Unfortu- mom ‘‘loved reading books and doted demic mass gun violence. nately, the statistics tell us there are on her grandson,’’ his 5-year-old, Geof- I will speak at another time about 86 every single day killed by guns— frey. She, herself, was the youngest of why that is, but what is unexceptional 2,600 a month and 31,000 a year. The five children. Her grandson Geoffrey about the United States is that the vast minority of them are due to mass will not be able to spend that time American public wants to do some- shootings. Most of the individuals on with his grandmother any longer. thing about it. They don’t accept the this list are killed by virtue of suicides Sixty-eight-year-old Barbara Haw- status quo, just as other countries or by individual acts of violence—do- thorne was in the backseat of Mary Jo probably wouldn’t accept it either. Nye’s car when she was killed. mestic violence, for instance—the vio- Ninety-two percent of Americans are in Her family said: lence that happens in cities of America favor of universal background checks, Our ‘Auntie Barb’ was easy to laugh. A like Hartford, New Haven, New York, and we can’t even get a debate on this generous, giving person who loved her many on the floor of the Senate, nor in the and Los Angeles. friends and family. She was a true ‘‘hippie’’ What is astounding to many of us is House of Representatives. Democracy who marched for civil rights in the Deep normally doesn’t allow for 90 percent of that despite these numbers—and I have South, recycled everything that came made this case before—which are un- through the house, and believed in marching Americans to support something that like those of any other industrialized to your own drummer. She loved the theater their legislative body will not even country, we do absolutely nothing and live music and shared tickets to per- consider. formances whenever possible. Eighty-five percent of NRA Members about it. We do nothing about it. We are in favor of universal background don’t pass stronger gun laws. We don’t Dorothy Brown, known as Judy checks. All that means is, all you have strengthen our mental health system. among her friends and neighbors, was to prove is that you are not a criminal. We don’t give more law enforcement also with Mary Jo, Mary Lou, and Bar- bara. Neighbors remember Judy’s gen- You have to prove you haven’t been resources. All we do is just catalog the erous and friendly spirit. She readily deemed mentally incompetent before numbers of dead every single day and shared her homegrown herbs and al- you can buy a gun. every single month. The statistics ap- ways took time to share a friendly Support for the laws that we want to parently are not moving this place. wave with her neighbors. One neighbor debate on the floor of the Senate is ab- Hopefully—my hope is the voices of solutely bipartisan. Here is a chart these victims can give you a sense of who did odd jobs for her occasionally, helping out around the house, always showing background checks for gun who these people are. Just the trail of shows and private sales. Those are not tragedy that is left behind—researchers got a gift card from her at the end of the year. She was described by one universal background checks. They are will tell you there are often over a just for those two particular forums. dozen people who experience serious neighbor as ‘‘a sweet, sweet old lady. You couldn’t ask for a better neigh- For that specific proposal, Democrats levels of trauma in the wake of one support it by 88 percent, Republicans person being killed by guns. bor.’’ Tyler Smith was 17 years old and he by nearly 80 percent; laws to prevent Maybe these stories will change peo- the mentally ill from buying guns, 81 ple’s minds. Stories such as that of was with his father shopping for a car when the shooter drove by and opened percent Democrats and 79 percent of Mary Jo Nye, who was 60 years old fire, killing both the father and the Republicans—no difference. when she was killed. She was enjoying son. Tyler had a very bright future There is a little bit more of a dif- a night out on the town with her ahead of him. He was enrolled in the ference when you come to a Federal former college roommate, her sister-in- marketing entrepreneurship program database to track gun sales. You still law, Mary Lou Nye, and her friends, at the local tech center in addition to have 55 percent of Republicans sup- Barbara Hawthorne and Judy Brown, high school. He was, according to porting that. That is probably the most when all of their lives were taken by friends and family, studying marketing controversial reform which, to me, for this seemingly random shooting. so he could help open a family business the life of me, I can’t figure out why it Mary Jo was a retired teacher from with his father, sister, and his cousin. is controversial. A ban on assault-style Calhoun Community High School, The superintendent, who knew Tyler weapons, you have 70 percent of Demo- where she dedicated her time and tal- well—it means something about a kid crats but a majority of Republicans as ents to students who were at risk of if the superintendent knew this par- well, which tells you that the overall dropping out. That is not an easy job, ticular student well. That tells you he American population, despite their par- but she put her mind to it and put her was marked for something big. He said tisan registration, supports a ban on heart to it. One colleague commented he ‘‘was such a great kid. He always assault weapons, which of course that ‘‘she was an English teacher, but had a smile on his face, always happy wasn’t that radical long ago, when it she was a lot more than that to the and very well liked.’’ was passed in the law of this country. students who don’t come from great His father, known as Rich, was killed I will not go into this in detail, but, home lives.’’ alongside him while they were shop- again, you look at specific provisions, A friend said she was ‘‘always reach- ping for a car. A family friend remem- and the overwhelming majority of the ing out to others and helping families.’’ bers Rich, saying, ‘‘When Rich was in American public supports them—bans This friend also said: your presence he automatically put on semiautomatic weapons, bans on as- It just doesn’t make sense. Mary Jo saw you in a good mood—he had this con- sault weapons, bans on high-capacity helping others as her calling in both her pro- tagious laugh and he always smiled.’’ ammunition clips, bans on online sales fessional and her personal life. It’s a tragedy. A friend said: of ammunition. Again, over and over Mary Lou Nye met her sister-in-law, Rich was always there to lighten it up and again, you see an overwhelming major- Mary Jo, when they were in college laugh it off. . . . He was such a wonderful ity of Americans supporting these where they were actually roommates. man. laws. Mary Lou fell in love with one of her Those are 6 people of the average of It is simply time for us to respond to roommate’s older brothers, eventually 86 killed every day, just in that one the voices of 31,000 victims every single

VerDate Sep 11 2014 03:53 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.038 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S1036 CONGRESSIONAL RECORD — SENATE February 25, 2016 year and do something about it. I will from Texas (Mr. CRUZ), the Senator FILLING THE SUPREME COURT continue to come down to the floor and from Florida (Mr. RUBIO), and the Sen- VACANCY share these stories, share some of these ator from Mississippi (Mr. WICKER). Ms. MIKULSKI. Mr. President, I rise charts, share some of the data, in the Further, if present and voting, the to speak in morning business on an hope that it will inspire this body to Senator from Texas (Mr. CORNYN) issue before the American people, and break out of its ice of indifference—as would have voted ‘‘yea’’ and the Sen- that is the Supreme Court vacancy. somebody coined the phrase before ator from Florida (Mr. RUBIO) would I rise today to express my very deep, me—and do something. have voted ‘‘yea.’’ deep disappointment in my Republican I understand we are not likely to get Mr. DURBIN. I announce that the colleagues for vowing to block Presi- a vote on background checks between Senator from New Jersey (Mr. BOOKER), dent Obama’s nomination—vowing to now and the end of the year, but there the Senator from Missouri (Mrs. block President Obama’s nominee for is a big bipartisan mental health bill MCCASKILL), and the Senator from filling the vacancy on the Supreme we can debate on the floor before we Vermont (Mr. SANDERS) are necessarily Court. wrap up for the year. This Senator absent. Each and every Senator serving in would submit to you that is not the an- The PRESIDING OFFICER (Mr. this Chamber was elected by the Amer- swer for the epidemic of gun violence, HOEVEN). Are there any other Senators ican people, and we took an oath to up- but it would help. If you create more in the Chamber desiring to vote? hold the Constitution. In this matter, the Constitution is very clear. Article inpatient beds and more outpatient ca- The result was announced—yeas 93, II, section 2 says the President ‘‘shall pacity, a lot of the very disturbed indi- nays 0, as follows: viduals who take these demons that nominate, and by and with the Advice [Rollcall Vote No. 26 Leg.] exist inside them and turn them into and Consent of the Senate, shall ap- an act of massive violence—that men- YEAS—93 point . . . Judges of the supreme tal health reform bill could help them. Alexander Flake Murphy Court.’’ Ayotte Franken Murray It would just be the beginning of the It doesn’t say the President only has Baldwin Gardner Nelson an hour and a half left. It doesn’t give work we have to do, but it would be a Barrasso Gillibrand Paul a time limit to the President. If you very important beginning. Bennet Graham Perdue are a President and you have a 4-year At some point the U.S. Senate, the Blumenthal Grassley Peters Blunt Hatch Portman term, you have the authority and duty greatest deliberative body in the world, Boozman Heinrich Reed to exercise your obligations under the Boxer Heitkamp Reid an organization that claims to rep- Constitution for a full 4 years, and the resent the will of the people, will have Brown Heller Risch Burr Hirono Roberts Senate has a duty to provide advice to start paying attention to the voices Cantwell Hoeven Rounds and consent. There are no waivers for of these victims and the overwhelming Capito Inhofe Sasse election years. I urge my colleagues: majority of the American public who Cardin Isakson Schatz Carper Johnson Schumer Do your job. Follow the Constitution want us to honor them. Casey Kaine Scott and live up to the Constitution. The I yield back. Cassidy King Sessions Constitution doesn’t say: In an election I suggest the absence of a quorum. Coats Kirk Shaheen year, delay, delay, delay. The word The PRESIDING OFFICER. The Cochran Klobuchar Shelby Collins Lankford Stabenow ‘‘delay’’ doesn’t even appear in the clerk will call the roll. Coons Leahy Sullivan Constitution, in the hope that one day The legislative clerk proceeded to Corker Lee Tester you will get your way. call the roll. Cotton Manchin Thune Republicans have said that the Sen- Crapo Markey Tillis Mr. ALEXANDER. Madam President, Daines McCain Toomey ate must wait until the people have I ask unanimous consent that the order Donnelly McConnell Udall spoken by electing a new President in for the quorum call be rescinded. Durbin Menendez Vitter November. The American people have The PRESIDING OFFICER. Without Enzi Merkley Warner spoken. They elected President Obama Ernst Mikulski Warren objection, it is so ordered. Feinstein Moran Whitehouse in 2008, and they reelected him in 2012. f Fischer Murkowski Wyden Barack Obama is our President from NOT VOTING—7 now until noon on January 20, 2017. If CONCLUSION OF MORNING the Founders wanted a 3-year term for BUSINESS Booker McCaskill Wicker Cornyn Rubio the President, they would have written The PRESIDING OFFICER. Morning Cruz Sanders that in the Constitution, but they man- business is closed. The resolution (S. Res. 374) was dated 4 complete years. Now the other party wants to deny agreed to. f the President the legitimacy and au- The PRESIDING OFFICER. Under thority of his office. Even George RELATING TO THE DEATH OF the previous order, the preamble is ANTONIN SCALIA Washington had his nominee consid- agreed to. ered during a Presidential election The PRESIDING OFFICER. Under (The resolution, with its preamble, is year and had three of his candidates the previous order, the Senate will pro- printed in the RECORD of February 24, confirmed. What was good enough for ceed to the consideration of S. Res. 374, 2016, under ‘‘Submitted Resolutions.’’) the first Congress under George Wash- which the clerk will report. The PRESIDING OFFICER. Under ington should be good enough for this The legislative clerk read as follows: the previous order, the motions to re- Congress now under President Obama. A resolution (S. Res. 374) relating to the consider are considered made and laid President Obama and I will both be death of Antonin Scalia, Associate Justice of upon the table. closing our offices in January of 2017, the Supreme Court of the United States. The Senator from Oklahoma. but that doesn’t mean we are done The PRESIDING OFFICER. The working for the American people question is on agreeing to the resolu- f today. There is a lot of work to be tion. done. President Obama has the con- Mr. MORAN. Madam President, I ask MORNING BUSINESS stitutional duty to submit a nomina- for the yeas and nays. tion in order to fill the vacancy left The PRESIDING OFFICER. Is there a Mr. LANKFORD. Mr. President, I ask with Justice Scalia’s passing. This sufficient second? unanimous consent that the Senate be duty is not suspended in an election There appears to be a sufficient sec- in a period of morning business, with year. The Constitution is clear about ond. Senators permitted to speak therein the President’s authority. The Presi- The clerk will call the roll. for up to 10 minutes each. dent must fulfill his duty, and we must The legislative clerk called the roll. The PRESIDING OFFICER. Is there do our job. The issue is not about Exec- Mr. THUNE. The following Senators objection? utive orders or checking Executive are necessarily absent: the Senator Without objection, it is so ordered. powers or interpreting law books; it is from Texas (Mr. CORNYN), the Senator The Senator from Maryland. about following the Constitution.

VerDate Sep 11 2014 00:05 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.039 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 25, 2016 CONGRESSIONAL RECORD — SENATE S1037 I say to the Republicans on the other Court never heard the case. In some the Senate floor. Let’s be accountable side of the aisle: Please do your job. cases, that leaves disagreement among by the deeds of our vote and not simply Your constituents elected you to this courts, leaving our laws at odds with avoid our responsibility. position to follow the Constitution. If each other. I yield the floor and suggest the ab- you don’t like the nominee the Presi- If this vacancy lasts until the next sence of a quorum. dent has selected, vote no, but at least President, the Supreme Court could be The PRESIDING OFFICER. The follow the process. After the President left without eight members for two clerk will call the roll. selects his nominee, we then go terms on the Court. Some of the cases The senior assistant legislative clerk through a courtesy process where the with the most impact on our history proceeded to call the roll. nominee calls upon each Senator. Then have been decided in 5-to-4 votes. That Mr. MCCONNELL. Mr. President, I there is a hearing—and maybe there brings up some cases that are of par- ask unanimous consent that the order are several days of hearings—and then ticular concern to me. for the quorum call be rescinded. there is a vote. What if there were a tied decision in The PRESIDING OFFICER. Without I am calling on the Senate to follow a case and we were left stuck in a grid- objection, it is so ordered. the process that was mandated by the lock? The Senate knows that I am very f Constitution and mandated by our tra- involved with equal pay for equal work. ORDER OF BUSINESS ditions. After the President nominates There was the famous Lilly Ledbetter someone, let’s meet with the nominee. case—Lilly Ledbetter v. Goodyear Tire Mr. MCCONNELL. Mr. President, for Let’s hold the hearings and follow the and Rubber Company. It was decided the information of all Senators, Sen- process, and then let’s bring it to a by a 5-to-4 vote. She faced injustice not ator MURKOWSKI and Senator CANT- vote. Over the last 40 years, the aver- only at her job, but also in the courts. WELL and many others continue to age time it has taken for the Senate to At the urging of Justice Ginsburg, the work diligently on a way to wrap up act has been only 67 days from nomina- Senate provided a legislative remedy the Energy bill and to deal with the tion to confirmation, so to say we to correct that injustice. If we had a Flint issue. In the meantime, I will be don’t have enough time just doesn’t tie, we might not have ever been able shortly filing cloture on a motion to work. We have 10 months, or 330 days, to resolve that issue both through the proceed to the opioid bill, and I am left in this President’s administration Court and through the Senate. This is hopeful we can reach an agreement to to do this job. what democracy is supposed to be. finish this bill with just a handful of Some of my colleagues say there is There was another amazing case, amendments next week. precedent for this obstructionism. which was Bush v. Gore. Everyone re- f Chairman GRASSLEY, the chair of the members the election in 2000 when we COMPREHENSIVE ADDICTION AND Judiciary Committee, cited four times had the hanging chads in Florida and RECOVERY ACT OF 2015—MOTION in our history where a President did we really weren’t sure who won the TO PROCEED not nominate someone to fill a vacancy election—Al Gore or George Bush. This Mr. MCCONNELL. Mr. President, I during an election year. Well, those is America, so banks stayed open, there move to proceed to Calendar No. 369, S. numbers are right, but guess what. The were no tanks in the street, school 524. vacancy occurred after the Senate had children were able to go about learning The PRESIDING OFFICER. The adjourned for the year. None of those what America was all about and get clerk will report the motion. Presidents could have nominated a ready for the new century. We were The senior assistant legislative clerk candidate because the Senate wasn’t in moving ahead because the process read as follows: session. moved through the courts. For the past 100 years, every Su- The Bush v. Gore case was decided Motion to proceed to Calendar No. 369, S. with a 5-to-4 vote. Can you imagine if 524, a bill to authorize the Attorney General preme Court nominee has been acted to award grants to address the national upon. Even if they got a disapproval we had a tied Court now? We would epidemics of prescription opioid abuse and vote in the committee, they still got a have a constitutional crisis, and we heroin use. vote in the Senate. would have a crisis over who was the CLOTURE MOTION In 1987, Robert Bork was voted down legitimate President of the United Mr. MCCONNELL. I send a cloture in the committee, but he still got a States. We can’t have that happen motion to the desk. vote on the floor where he was voted again. The PRESIDING OFFICER. The clo- down. When the voters make their decisions ture motion having been presented In 1991, Clarence Thomas, one of the in November on who they want to have under rule XXII, the Chair directs the most contentious and controversial Su- as the next President, I hope it is clear clerk to read the motion. preme Court nominations that I ever and decisive and we don’t end up before The senior assistant legislative clerk participated in, was voted on by the the Supreme Court, but surely we need read as follows: committee without a recommendation. to have a Court that is not going to end CLOTURE MOTION He got a vote on the floor and was ap- in a tie and that we have done our job We, the undersigned Senators, in accord- proved 52 to 48. to make sure that there are nine—N-I- ance with the provisions of rule XXII of the Each of these candidates had their N-E—on the Supreme Court. Standing Rules of the Senate, do hereby day to be evaluated. Each Senator had First of all, follow the Constitution. move to bring to a close debate on the mo- the ability to apply their advice and It is in the best interest of our country. tion to proceed to Calendar No. 369, S. 524, a consent or, in some cases, nonconsent. Do your job so we can say to the world: bill to authorize the Attorney General to I didn’t always vote yes on the nomi- We are a Nation of laws. We encourage award grants to address the national nee, but I certainly supported the proc- people all over the world that are epidemics of prescription opioid abuse and ess that we have here. We have never emerging from authoritarian regimes heroin use. denied a sitting President his duty to or chaotic political situations to write Mitch McConnell, Daniel Coats, Dan Sul- livan, Orrin G. Hatch, Shelley Moore provide a nominee. This is of utmost a Constitution and live by it. Well, we Capito, John Cornyn, Lindsey Graham, importance to our Nation. It really is. wrote a Constitution, so let’s live by it. Roy Blunt, Ron Johnson, Chuck Grass- The Supreme Court is unique. It is We need to follow what we say we were ley, Rob Portman, Susan M. Collins, the highest Court of the land with real elected to do and that we swore an Jeff Flake, Cory Gardner, Lamar Alex- and lasting impacts on American lives. oath to do. ander, John Barrasso, John McCain. To obstruct a Supreme Court nominee President Obama must do his job. I Mr. MCCONNELL. Mr. President, I for political reasons would be abso- urge the Republicans to do their job. ask unanimous consent that the man- lutely unprecedented. Until this va- Let’s follow and live up to the Con- datory quorum call under rule XXII be cancy is filled, the Supreme Court is stitution. When the President makes waived. left with eight members with the po- his nomination, let’s open our doors so The PRESIDING OFFICER. Without tential for tie votes. If there is a tie we can meet with that nominee. Let’s objection, it is so ordered. vote in a decision, the ruling of the hold a hearing or multiple hearings, if Mr. MCCONNELL. I suggest the ab- lower court remains as if the Supreme necessary, and then let’s hold a vote on sence of a quorum.

VerDate Sep 11 2014 00:05 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.042 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S1038 CONGRESSIONAL RECORD — SENATE February 25, 2016 The PRESIDING OFFICER. The They found that in 2014, over 4 million numbers on the application and they clerk will call the roll. ObamaCare applicants received a total are still getting subsidies, but a lot of The senior assistant legislative clerk of $1.7 billion in taxpayer subsidies de- people are using the same Social Secu- proceeded to called the roll. spite these unresolved documentation rity number. This is not the era of hav- Mr. COATS. Mr. President, I ask errors. What this means is that the ing mountains of paperwork stored in unanimous consent that the order for healthcare.gov site is allowing people warehouses around Washington, DC, the quorum call be rescinded. to sign up for and receive ObamaCare because the agencies have been flooded The PRESIDING OFFICER (Mr. CAS- benefits without proper verification. with paper applications; this is an age SIDY). Without objection, it is so or- When you have had a previous inves- of computerizing and digitizing all of dered. tigation that said that 11 out of 12— this information. So all you have to do WASTEFUL SPENDING more than 90 percent—of the applica- is push a button to find out whether Mr. COATS. Mr. President, I am on tions were stamped ‘‘approved’’ and that is a legitimate Social Security the Senate floor for my 34th edition of subsidies were paid without verifica- number. I mean, how hard is it? ‘‘Waste of the Week.’’ As you know, I tion or with faulty verification, you To make matters worse, we have do these speeches each week to high- would think by now they would have learned that in thousands of light waste, fraud, and abuse and sim- cleaned this up. Hundreds of thousands ObamaCare applications, it wasn’t even ple ways that we can save the tax- of people have been able to get their clear if the beneficiary was serving a payers’ dollars from being misused. ObamaCare applications approved prison sentence. The law basically says Last year, in my 18th ‘‘Waste of the without having their eligibility you are not eligible for Obamacare sub- Week’’ speech, I detailed an investiga- verified. That has become clear. As sidies if you are serving a prison sen- tion by the nonpartisan Government GAO investigators bluntly stated in tence. The GAO found that the Centers Accountability Office that discovered the report, healthcare.gov ‘‘is at risk of for Medicare & Medicaid Services ig- that fraudulent applications were being granting eligibility to, and making nored many opportunities for reducing accepted by healthcare.gov, the gov- subsidy payments on behalf of, individ- ObamaCare fraud. Basically, it appears ernment Web site for choosing uals who are ineligible to enroll.’’ that CMS is willing to look the other The GAO said that one of the biggest ObamaCare plans. I discussed the way. Maybe they were ordered to, problems with healthcare.gov is that waste, fraud, and abuse of ObamaCare maybe they are just doing it, or maybe the Centers for Medicare & Medicaid subsidies that were being awarded to they are just purely incompetent. But Services, CMS, which is responsible for fraudulent applicants. they are looking the other way as the the oversight and management of As part of that investigation, the President continues to tout the bene- ObamaCare, did not resolve Social Se- Government Accountability Office in- fits of this law. curity number inconsistencies for vestigators purposefully submitted 12 If that isn’t bad enough, GAO also thousands of applications. When you fraudulent applications. They wanted found that CMS actually knew that submit your identity, you give your to test the system. They wanted to see millions of applications were poten- Social Security number. It goes to how well the system worked. So they tially fraudulent and still approved the CMS. They are supposed to check it to drew up 12 deliberately fraudulent ap- applications. I am not making this up. see if it is a legitimate Social Security plications just to see what the response We have information provided by the number, and if it isn’t, they obviously would be. They submitted them to Government Accountability Office that cannot or should not issue the subsidy healthcare.gov. Eleven of them came the Centers for Medicare & Medicaid and approve the application. But, in- back as approved. Only one application stead, CMS approved subsidized cov- Services knew about these fraudulent was called out, where someone said, erage without verifying those numbers practices, so they couldn’t plead ‘‘Well, ‘‘Wait a minute, we don’t have the ap- from the applicants. It potentially al- we didn’t know this was happening’’ or propriate information’’ or ‘‘we didn’t lows access to subsidies by illegal im- ‘‘This was a computer glitch’’ or ‘‘We do the fact-checking.’’ But 11 appar- migrants or other ineligible individ- are just so overwhelmed with paper- ently weren’t even fact-checked. uals. work or applications that we can’t han- The Government Accountability Of- So word gets around: Hey, you don’t dle it.’’ They knew about it. They knew fice said, ‘‘I think this might be the ca- even need to put your Social Security it was happening, and yet they still nary in the coal mine.’’ This ought to number on there or you can put a false haven’t cleared the situation up. be a signal that this program is being Social Security number on there, and It really drives you up the wall—and abused; when 11 out of 12 applications you are going to get the subsidy. it is no wonder the American people come back with a stamp for approval This is how your government is are so unbelievably frustrated with and the subsidies are given, you would spending your tax dollars. It is an out- this government and have deemed that think the government would take no- rageous way, to pump up ObamaCare. this government is simply wasting tice of that and simply say, ‘‘We have And we keep hearing the White House their tax dollars. It is the biggest bu- to get ahold of this.’’ touting the fact that millions are sign- reaucratic mess they have ever seen After the investigation, after this ing up for this. Of course they are. Mil- and they are paying for it. Doesn’t it was made public it ought to have been lions are signing up for this because just practically make you want to embarrassing to the agencies that are whether they are eligible or not, they scream? handling this, the Centers for Medicare are getting a subsidy. Who wouldn’t CMS told GAO ‘‘that they currently & Medicaid disbursement. You would want to get a check from the govern- do not plan to take any actions on in- think they would jump on this. If I ment every month? But it is done dividuals with unresolved incarcer- were heading up this agency, if I had through fraud. It is done through ation or Social Security number incon- anything to do with this at all, I would waste, and it is done through some- sistencies.’’ Does anybody find that either fire someone or I would put re- thing that hasn’t been documented. outrageous? We know there is a prob- forms in place to make sure this never People have to realize that under lem. We have documented there is a happened again. You would think this ObamaCare, you have to be a citizen or problem. But they currently are not report would have spurred some kind of a legal resident, fall within a certain willing to undertake any kind of re- action. income range. Healthcare.gov is sup- forms or action to deal with this prob- But this week, the Government Ac- posed to verify all of this when you lem. countability Office released a new re- sign up. But the GAO found that the To address this mess, I will introduce port detailing how the Obama adminis- program does not check new applica- legislation that will mandate CMS to tration continues to take—and this is tions against existing approved appli- recoup all improperly paid subsidies. I in their words—‘‘take passive approach cations. The resulting failure is that am going to continue to press the agen- to dealing with the potential fraud’’ in millions of people have been approved cy to take action to enforce the exist- the ObamaCare program. The GAO re- for benefits while using the same So- ing requirements. port outlines how healthcare.gov is cial Security number. What does it take to get the Congress still plagued by serious operational Here is another situation. Not only to take the steps to insist that these problems that lead to fraud and abuse. are people using false Social Security agencies—entrusted with taxpayer

VerDate Sep 11 2014 00:05 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.045 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 25, 2016 CONGRESSIONAL RECORD — SENATE S1039 money carry out their programs and a potential runoff in April will not tell tively and aggressively enforce the nu- then not act in such a cavalier, us much we don’t already know about clear deal and push back against Ira- dismissive way—deal with this situa- the Iranian regime or its foreign policy nian aggression in the region. tion? What does it take? objectives in the Middle East. I urge my colleagues, the administra- I guess what it takes is what is hap- Some observers do hope that mod- tion, and the American people to pay pening in our election process right erate voices will make some progress close attention not just to tomorrow’s now, and that is the example of the in Iran, and I agree that is good to Iranian elections but to Iran’s actions reason American people saying: We hope for, but I remain deeply skeptical. in the weeks, months, and years to have had enough and we are blazing In many ways tomorrow’s elections are come. mad, and we ought to tear the place nothing more than a rubberstamp be- I commend the administration for down and start all over. And this is all cause an unelected Guardian Council, one action it took this week. It in- because this behemoth of a dysfunc- which vets all candidates for office, has dicted four individuals who violated tional government continues to rob the already prevented most moderates previously existing U.S. sanctions taxpayer of its hard-earned money. Yet from even running. against Iran. This decision sends an- it is not providing job opportunities for Let me explain. Aspiring candidates other important signal that despite the people, despite all the best efforts of for Iran’s national Parliament and the nuclear deal, sanctions that remain on this administration. Assembly of Experts must be approved the books and companies that violate It kind of reminds me of back when by the unelected Guardian Council be- them remain a significant barrier and Obamacare was being debated in the fore they appear on a ballot. Unless that companies should not rush to do House of Representatives and the then- they make it through a multiweek vet- business with Iran. Only by continuing Speaker of the House, a Democrat, ting process and unless they are to enforce existing sanctions, only by said: Well, we have to pass this bill so deemed sufficiently loyal and conserv- continuing to hold Iran to its commit- we can find out what is in it. Well, ative, these aspiring candidates will ments in the nuclear agreement, and Madam Speaker of the House of Rep- not get a chance to be candidates at only by pushing back against Iran’s resentatives, we are finding out not all. That is why the candidate list for support for terrorist proxies, its human only what is in this bill, but we are tomorrow’s election has already told us rights abuses, and its illegal ballistic also finding out we need an efficient, more about Iran’s intentions than the missile tests will we demonstrate that effective government enforcement of election results will. we are serious about holding the re- this to ensure that waste, fraud, and A willingness to allow reform-minded gime accountable for its actions. Only abuse is not occurring. or moderate Iranians to stand for elec- by viewing Iran through the right So once again, I am down here adding tion would have suggested some real lens—a lens of weariness and suspicion, to the ever-growing amount of money hope for genuine reform for real change not trust—can we continue to protect is been documented as waste, fraud, in the Iranian regime. Sadly, the dis- our national security and the safety of and abuse of. Today we stand at $157 qualification of both female and re- our regional allies, especially Israel. billion of documented waste, fraud, and formist candidates indicates that Iran A nuclear deal with a nation like abuse, and we are just scratching the is instead doubling down on its deci- Iran does not make that regime our surface. I probably could come down sion to avoid long-awaited and much ally or friend and having an election here every hour of every day the Sen- needed democratic reforms and instead does not make a democracy, but it does ate is in session and point out another will continue to isolate itself from make a statement. waste of taxpayer money. broader membership in the inter- When are we going to step up to the national community. Sixteen women FILLING THE SUPREME COURT VACANCY plate and stop this charade that is hap- applied to run to serve on the Assem- Mr. President, on Monday I had the pening here? When are we going to deal bly of Experts. They were all prohib- privilege of serving as the first Senator with this problem? I am urging my col- ited from running. Three thousand re- from the State of Delaware—the first leagues to support my efforts and other form-minded candidates sought to run State—to ever read George Washing- efforts to at least address known docu- for the Iranian Parliament, but only 1 ton’s Farewell Address on the Senate mented problems of waste, fraud, and percent of those 3,000 were approved. floor on February 22, the appointed day abuse. Even Hassan Khomeini, the grandson every year when we recognize Washing- I yield the floor. of Ayatollah Khomeini, who founded ton’s contributions to our country and I suggest the absence of a quorum. the Islamic Republic of Iran, was re- its history by repeating his Farewell The PRESIDING OFFICER. The jected as a candidate for being too Address on this floor. clerk will call the roll. modern. These disqualifications reflect In the more than two centuries since The bill clerk proceeded to call the the regime’s rejection of basic demo- President Washington wrote and deliv- roll. cratic norms and serve as reminder of ered those words, I am struck by how Mr. COONS. Mr. President, I ask the urgency with which we have to relevant they still remain in warning unanimous consent that the order for continue to scrutinize Iran’s behavior. Americans of the dangers of partisan- the quorum call be rescinded. Tomorrow’s elections will not change ship, factionalism, and division. Today The PRESIDING OFFICER. Without Iran’s aggressive behavior in the region the constitutional order for which objection, it is so ordered. or transform the political power struc- President Washington and so many of IRAN ture within the Islamic Republic of our Founding Fathers and so many Mr. COONS. Mr. President, tomorrow Iran, which is still dominated by Su- Americans risked and dedicated their the people of Iran will go to the polls preme Leader Ayatollah Ali Khamenei. lives, and which has sustained our ex- to elect 285 members of the Iranian Despite what some may hope, the Su- periment in democracy for generations, Parliament, or the Majlis, and 88 mem- preme Leader seems unwilling to allow is now threatened not by one person or bers of the so-called Assembly of Ex- even a modicum of dissent inside Iran. by one political party but rather by the perts, which is the body that will even- These elections are likely nothing relentless division and dysfunction tually choose the successor to the cur- more than a guise to give the inter- that has come to define our current po- rent Supreme Leader, Ayatollah Ali national community the impression litical discourse. Khamenei. that Iranians have a real voice in Just over 2 years ago, this discord led Last December, Secretary of State choosing their elected officials. to an unprecedented shutdown of our John Kerry cautioned that having an While we should hope for future mod- whole Federal Government for 17 days. election does not of itself make a de- eration, we should expect the status At stake today is nothing less than the mocracy, and I think his words are quo because at its core Iran remains a capability of the Supreme Court of the equally fitting this week. Iran’s elec- revolutionary regime that supports United States to continue to function tions, in truth, are neither free nor terrorism as a central tool of its na- meaningfully. If we fail to reverse this fair. Iran is not a democracy. Power tional foreign policy. U.S. policy- increasingly divisive—and, I think, brokers in Iran have already rigged makers have to remain clear-eyed dangerous—trend, we won’t just be fac- these elections and even the results of about that reality as we seek to effec- ing a series of undecided legal policy

VerDate Sep 11 2014 00:05 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.050 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S1040 CONGRESSIONAL RECORD — SENATE February 25, 2016 issues. We will also be looking at a di- So today I echo then-Chairman pointedly was that of partisanship and rect threat to our constitutional quar- BIDEN’s 1992 request. I urge President division. The issues facing our Senate ter—a new normal in which Supreme Obama to nominate a moderate and today represent nothing less than a di- Court vacancies remain just that for eminently qualified jurist by whose rect and serious challenge to the vi- months upon months or even years. record should clearly, under normal brancy of that very democratic experi- Sadly, the rhetorical warfare on fill- circumstances, be confirmed and who ment for which so many suffered, ing the vacancy on the Court began can become a consensus nominee in struggled, and died. just an hour after the world first this Chamber. You don’t have to look It is my prayer that we will find a learned of Justice Scalia’s passing, very far to find a number of candidates way forward through this together. when the majority leader issued a who would easily fit this description. Thank you. statement in which he ruled out any I am not asking my Republican col- The PRESIDING OFFICER. The Sen- hearing or vote or any consideration leagues to commit to support such a ator from Minnesota. whatsoever of a Supreme Court nomi- nominee, but I am asking for us to be ANNA WESTIN ACT nee. The back and forth between our able to fulfill the constitutional obliga- Ms. KLOBUCHAR. Mr. President, I parties has grown even more heated in tions of advice and consent that we rise today in recognition of National the days since. Much has been made of have sworn to uphold. Here is just an- Eating Disorders Awareness Week and what Senators of both parties have said other important piece of factual bring attention to millions of Ameri- and done in response to past Supreme record. Since the formation of the Sen- cans struggling with eating disorders. Court vacancies, but the precedent ate Judiciary Committee a century It is not something we often talk about that I think matters most is what this ago, every single Supreme Court nomi- on this floor, but eating disorders are Chamber actually did the last time nee has received a vote, a hearing or more common in our country than there was a Supreme Court vacancy both. The only exceptions were can- breast cancer and Alzheimer’s and do during an election year. As many of my didates whose nominations were with- not discriminate by class, race, gender colleagues have pointed out, the last drawn before they could be considered or ethnicity. The all-too-sad truth is time that happened was in 1988, and or that proceeded directly to the floor that eating disorders take the lives of that year Justice Kennedy was con- for a confirmation vote. 23 Americans every day and nearly 1 firmed unanimously and by a Demo- Even nominees whose confirmations life every hour. cratic-controlled Senate. were voted down by the Senate Judici- Our understanding of how eating dis- Recently, some of my colleagues ary Committee ultimately received a orders develop and progress is con- have also pointed to a speech that Vice vote by the full Senate. That is the stantly evolving. We know there are President BIDEN—then chairman of the precedent that matters. The American between—and, again, because we don’t Senate Judiciary Committee—gave people, I think, aren’t deeply inter- have statistics except for when people back in 1992, as evidence that there is ested in what this Senator said 2 years die—15 and 30 million people across the some clear, strong precedent for the ago or that Senator said two decades country struggling with an eating dis- level of obstructionism that we are see- ago. This back-and-forth, he said/she order. We know that anorexia has the ing today. But that reading of his re- said rhetoric is exactly what they have highest morality rate of any mental marks both misrepresent his remarks sadly come to expect from this Con- health disorder. Listen to that. Of any and obscures the real facts. It is easy gress, but it is not why they sent us mental health disorder that you can to take much of what we say and do here. think of, anorexia has the highest mo- here on the floor of the Senate out of It is not just our constituents who rality rate. We know that eating dis- context. In fact, I am sure it has hap- are watching. Around the world, believ- orders affect women 21⁄2 times more pened to each Member of this Chamber ers in a democratic system of govern- than men, making this the important more than once, but a full reading of ment, in a system of separation of pow- women’s mental health issue. then-Chairman BIDEN’s full remarks ers in our constitutional framework, Unfortunately, far too few of these shows that at the end of his speech, some of whom have risked life and limb people are getting the help they need. Senator BIDEN promised to consider to bring democracy to their countries, Only 1 in 10 people with an eating dis- not just holding hearings, not just a are watching. Those who believe de- order will receive treatment for that vote but also supporting a consensus mocracy can’t work and who advance disease, and for those who don’t receive nominee. To quote directly: that argument around the world are any treatment, the rate of recovery I believe that so long as the public con- watching too. sharply declines, while the likelihood tinues to split its confidence between the At stake in this debate is not just a they will be hospitalized rises. The branches, compromise is the responsible key vote on the Supreme Court but, numbers illustrate a grim reality. Too course for both the White House and for the more importantly, a key indicator of many Americans are suffering in si- Senate. Therefore, I stand by my position. whether our American experiment can lence, unable to access a treatment Mr. President, if the President— still function. Over the past two-plus they need to conquer their eating dis- Then-President Bush— centuries, our experiment in democ- order and to go on to live healthy lives. consults and cooperates with the Senate or racy has not just survived but even To help the millions of people suf- moderates his selections absent consulta- thrived. But in recent years, Members fering from eating disorders get the tion, then his nominees may enjoy my sup- of Congress have been playing a risky treatment they need, I have introduced port as did Justices Kennedy and Souter. game, employing increasingly obstruc- the Anna Westin Act with Senator So when it comes to setting Senate tionist tactics that probe the very AYOTTE, Senator CAPITO, and Senator precedent, I think it is important to boundaries of our system of govern- BALDWIN. We are very proud that this get the Vice President’s words right, ment. How the Senate conducts itself is a bipartisan bill that is supported by but I also think it is important to pay in the weeks and perhaps even months both Democrats and Republicans. As to attention to his actions, which speak to come, I think, will set a strong the fact that it is led by all women more loudly than his words. His record precedent for how future Supreme Senators, it may be that our time has as chairman of the Senate Judiciary Court vacancies will be filled and more come, given that women are 21⁄2 times committee is unmistakable. In case importantly, about whether our con- more likely than men to suffer from after case, he convened and held appro- stitutional order can still function. We this disorder. priate and timely hearings for judges of have an opportunity to show the world We remember in the early days when all backgrounds and experiences when that even in the midst of a strikingly it was the women Senators who united nominated by President Bush in an divisive Presidential campaign, our to do something about breast cancer election year. Even in a deeply conten- democratic system can still work. research or when it was women Sen- tious election year, he considered doz- President Washington’s Farewell Ad- ators who said: Why are we just study- ens of district and circuit court nomi- dress of 220 years ago warned of the ing men when it comes to various nees all the way up until September, many threats to that full and fair ex- drugs and various diseases and cancer? just 2 months before the Presidential periment that is American democracy. Women have different interactions. election. One of the threats he highlighted most Women have different problems. In

VerDate Sep 11 2014 03:53 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.052 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 25, 2016 CONGRESSIONAL RECORD — SENATE S1041 fact, these eating disorders affect how to intervene when behaviors asso- courts on the State level as well as on women 21⁄2 times more than men, yet, ciated with an eating disorder have the national level. I don’t think there literally, hardly anything is going on been identified. is a system of justice that affords an with this in terms of help and funding. I think most young people today individual, a company, or an organiza- The number one mental health disorder know someone who has an eating dis- tion a fairer way to proceed to litigate that leads to death and has the highest order. I remember in college a number a case than the American justice sys- morality rate is anorexia. of young women who had eating dis- tem. The bill is named in honor of Anna orders, but they were hiding it. Nobody So as I stood there and heard some of Westin of Chaska, MN, who was diag- did anything about it. I have no idea my colleagues speaking, I began to nosed with anorexia when she was 16 how they are doing now. think of the enormity of what is hap- years old. Her health started deterio- Making this investment is a no- pening. We all know that the Constitu- rating quickly after she completed her brainer. By drawing on existing funds tion is clear that the President’s role is sophomore year at the University of for the training programs, this bipar- to nominate and the Senate’s role is to Oregon. She began suffering from liver tisan bill is designed to have no cost advise and consent on the nominee, malfunction and dangerously low body associated with it. These commonsense nothing less, nothing more. I strongly temperatures and blood pressure. Even and long overdue actions will help give believe that we should proceed to though her condition was urgent, Anna those suffering from eating disorders render the President’s nominee to the was told she had to wait until the in- the tools they need to overcome these highest Court of the land and proceed surance company certified her treat- diseases and prevent more tragedies to consider that advice and consent ment. This ultimately delayed and se- like Anna’s. We wish that Anna was process with a hearing in the Judiciary verely limited the treatment that she still with us. We wish that she could Committee. To do anything less, in my received. After struggling with the dis- have graduated from college, started a view, is to default on our responsibility ease for 5 years, she committed suicide career, and had children of her own. as U.S. Senators. at the age of 21. Well, it may be too late for Anna. We That has been the process, no matter how controversial a nomination. That My colleagues, we have a moral obli- know she would want us to do every- has been the process even when the gation to help people like Anna and thing we can to create a world where President and the Senate are of dif- families like the Westins, and we can- eating disorders are acknowledged, are ferent parties. And, yes, that has been not afford to wait any longer. Last recognized, are treated, and are pre- the process during Presidential elec- week marked 16 years since Anna’s vented. tion years. That is what happened death, yet people with eating disorders I am so proud this bill has been out when Anthony Kennedy was confirmed are still not guaranteed coverage for there for a few years. This is the first in the last year of President Reagan’s lifesaving residential treatment by in- time this last year where it has been a term when Democrats actually held surance companies. The bipartisan bipartisan bill led by four women Sen- the Senate majority. In fact, a total of Anna Westin Act fixes this problem by ators, two Democrats and two Repub- 14 Justices have been confirmed in the clarifying that the Paul Wellstone and licans. The time has come. With af- final year of a President’s term. Pete Domenici Mental Health Parity fected families in every corner of our and Addiction Equity Act specifies Now, why is this important? The Su- country, I invite all of my colleagues preme Court is a coequal branch of our that residential treatment for eating to join us in support of this bipartisan disorders must be covered. We are talk- Federal Government. It is a vital part bill. We must act now to give the mil- of the separation of powers. It is the ing about when a doctor diagnoses an lions of Americans struggling with eat- eating disorder and believes, after try- final arbiter of the law of the land. And ing disorders the help they need. Doing one of our important jobs as Senators ing different treatments, that there is so will not just prevent suffering; it is to ensure that the Court has the Jus- an immediate emergency situation, will help save lives. tices it needs to decide cases. that there should be coverage for resi- Thank you, Mr. President. It is impossible to overstate the im- dential treatment, which has been I yield the floor. portance of a functioning Supreme found to be really helpful with eating I suggest the absence of a quorum. Court. Brown v. Board of Education de- disorders because it helps to change The PRESIDING OFFICER. The segregated our schools. Loving v. Vir- how someone is eating and what they clerk will call the roll. ginia struck down laws that made are doing and how they are interacting The senior assistant legislative clerk interracial marriage illegal. Roe v. and how they are going on with their proceeded to call the roll. Wade ruled on the constitutionality of day-to-day life. Mrs. FEINSTEIN. Mr. President, I State limits on women’s access to re- My friend, the late Senator from ask unanimous consent that the order productive health care, which has been Minnesota, Paul Wellstone, fought for the quorum call be rescinded. upheld as precedent for over 40 years. hard for that Wellstone and Domenici The PRESIDING OFFICER. Without Bush v. Gore even decided who would mental health parity law. As Paul al- objection, it is so ordered. move into the White House as Presi- ways insisted, a mental health parity Mrs. FEINSTEIN. Mr. President, I dent of the United States. More re- bill is about equality and fairness. It is ask unanimous consent to speak as in cently, the Supreme Court struck down time patients struggling with an eating morning business for approximately 15 limits on campaign money, nullified a disorder receive that equality and fair- minutes—probably less. key part of the Voting Rights Act of ness. It is time that so many of these The PRESIDING OFFICER. Without 1965, upheld ObamaCare, and legalized women who suffer from this disease, objection, it is so ordered. same-sex marriage. which is much more particular to FILLING THE SUPREME COURT VACANCY Now, what does a 4-to-4 Court mean? women than to men, get to receive that Mrs. FEINSTEIN. Mr. President, at The prospect of having more than a treatment that you get for other kinds noon today a group of us on this side of year—as a matter of fact, some are of mental health disorders. This bill the aisle went to the Supreme Court saying it is up to 2 years—of tie votes would ensure that patients like Anna and stood in front of it and spoke about on the Court in major controversial Westin aren’t prevented from getting what was happening with the Repub- issues would be terrible for our system the treatment they need simply be- lican decision to not proceed with the of justice. cause their insurance doesn’t cover it. advice and consent provisions of the Justice Scalia wrote about the pros- Eating disorders become life-threat- U.S. Constitution. pect of the split Court in 2004. In re- ening when left untreated, making I have been a member of the Judici- sponding to a request to recuse him- early detection absolutely critical. ary Committee for 23 years. I sat self, he declined. He said if he were to That is why this bill would also use ex- through six Supreme Court nomina- recuse himself, ‘‘the Court proceeds isting funds to create grant programs tions. In those 23 years, as a non- with eight Justices, raising the possi- to train school employees, primary lawyer, I really became infused with bility that, by reason of a tie vote, it health professionals, and mental health great respect for the American system will find itself unable to resolve the and public health professionals on how of justice, for the trial courts, for the significant legal issue presented by the to identify eating disorders, as well as appeal courts, and for the supreme case.’’

VerDate Sep 11 2014 02:36 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.053 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S1042 CONGRESSIONAL RECORD — SENATE February 25, 2016 That is Justice Scalia. vote by the full Senate has been 67 Thank you very much. He continued, quoting the Court’s days. That is about 2 months. I would Mr. President, I yield the floor. own recusal policy: ‘‘Even one unneces- remind my Republican colleagues that The PRESIDING OFFICER. The Sen- sary recusal impairs the functioning of this includes Justice Anthony Ken- ator from New Mexico. the court.’’ nedy’s confirmation, which took place Mr. UDALL. Thank you, Mr. Presi- So that is what we are doing. We are in February of 1988—a California dent, for the recognition, and I just impairing the functioning of the Su- judge—in the final year of President want to say to Senator FEINSTEIN that preme Court of the United States. Reagan’s Presidency and before a this Senator has listened to many of What the Republicans are doing will Democratic Senate. So in the final her remarks and very much agrees affect cases for we think at least 2 year, a Democratic Senate took a Re- with what she said, which is that we years—cases left from this year and publican President’s nominee, who was should be doing our job in terms of this those to be heard next year. If Repub- a Republican, and made him a Justice Supreme Court nominee. It is our job licans are successful in blocking a of the United States Supreme Court. to advise and consent. The Constitu- hearing and a vote on the President’s This has held true even for con- tion says we shall advise and consent nominee, the Court will find itself un- troversial nominees. Robert Bork and when we get nominations. able to resolve important legal ques- Clarence Thomas both failed to win a Ten years ago the Senate faced a tions for a lengthy period of time. majority vote by the Judiciary Com- critical task: to consider the nomina- Imagine that you are a plaintiff, mittee, but their nominations still ad- tion by President Bush of Samuel Alito someone who has been wrongly termi- vanced to a full Senate vote. That was to the Supreme Court. It was a fierce nated from a business, or a business in even the case for Justice Thomas, a debate. Many opposed him, and some a legal dispute, or imagine you are a very conservative jurist, who replaced passionately so. I will not argue that it person or a business held liable as a de- Justice Thurgood Marshall, a very lib- was an easy road, but it was a road fendant for millions of dollars in a civil eral jurist. And, again, this took place that was traveled because that is our case or someone who has been charged in a Democratic-controlled Senate. job and that is one of our most impor- with or convicted of a crime. You Many of my Republican colleagues tant duties. might spend years of your life in prison have voiced their own support for a At the time, the current majority or even be subjected to the death pen- President’s right to have his nominee leader was very clear on that duty the alty even though there may be a legal considered. Someone I consider a friend Senate has. He said: problem with your conviction or sen- who was chairman of the Judiciary We stand today on the brink of a new and tence. In all of these instances, as Jus- Committee during periods of my ten- reckless effort by a few to deny the rights of many to exercise our constitutional duty to tice Scalia pointed out, the Court ‘‘will ure, Senator ORRIN HATCH, who voted advise and consent, to give this man the sim- find itself unable to resolve the signifi- in favor of Justice Ginsburg, said at ple up-or-down vote he deserves. The Senate cant legal issue presented by the case.’’ the time—and I know this because I should repudiate this tactic. That will mean that individuals and was sitting right there and heard it—he Justice Alito did get an up-or-down businesses, as well as the American believed a President deserves some def- vote and was confirmed 58 to 42, includ- people, will be denied the full system of erence on Supreme Court appoint- ing four Democrats who voted in favor. justice guaranteed by this Constitu- ments. He said he would not vote The majority leader was right. We do tion. Our people should not stand for against a nominee simply because he have a duty to advise and consent, and this. would have chosen someone else. the Constitution indeed uses the word There are major issues pending be- Senator GRASSLEY, now chairman of ‘‘shall’’ advise and consent. fore the Supreme Court. There are im- the Judiciary Committee, made similar A President’s nominee does deserve portant measures to help stop climate comments, saying Congress must not an up-or-down vote. That was true change, immigration issues, race in forget its advice and consent respon- then, and it true now. I do not agree college admissions, the fundamental sibilities. with many of Justice Alito’s views, but concept of ‘‘one person, one vote,’’ and Well, those responsibilities don’t I do believe that it was critical for the the ability of unions representing pub- cease with the death of a jurist. As a Senate to do its job. lic employees to function. The point is matter of fact, that is the clear intent Now, here we are with a new nomina- this: Important issues are before the of the Constitution, that the advice tion to the Supreme Court by a dif- Court, or will be, and there should be a and consent responsibility is man- ferent President, but the majority full Court to hear them. dated, no matter what. So to refuse to leader seems to have changed his mind. There is absolutely no reason— hold hearings before a nominee is even We are told that no nomination of any- none—that the Senate should refuse to announced, to me, is shocking, and it one by this President will be consid- do its job and conduct full and fair makes me think: To what extent is the ered. The current Senate majority is hearings and hold a vote on the nomi- partisanship in this body going when it refusing its constitutional mandate nee. is willing to deny the Supreme Court a that it ‘‘shall’’ advise and consent, re- Just a bit of history: The Senate has vital member? It will be like denying a fusing to do its job for blatantly par- not left a Supreme Court seat vacant baseball team a pitcher. They couldn’t tisan and political purposes. This is for a year or longer since the middle of conduct a game without a pitcher. And misguided, and it is without precedent. the Civil War. That is a fact. It has not a case that has any controversy cannot The full Senate has always voted to happened since the middle of the Civil be fairly held without nine Justices. fill a vacancy on every pending Su- War. That would be about 1862. That is not what we were sent to preme Court nominee in election years Even as the nominations process has Washington for. It is not how to do the and nonelection years, every single one become more contentious, the Senate people’s business. To deny the Amer- for the last 100 years. We can go back has still considered Supreme Court ican people full and fair Senate consid- even further than that. The Senate Ju- nominees in a timely manner. This has eration for a Supreme Court nominee diciary Committee was created 200 happened regardless of who sat in the would be unprecedented in our history years ago. According to the Congres- White House or which party controlled and further undermine faith in the sional Research Service, the commit- the Congress. Senate as an institution. I really deep- tee’s usual practice has been to report Here are a few historic facts to con- ly believe this, and I don’t know why every nominee to the full Senate, even sider: Since the Judiciary Committee we would let this happen. those nominees opposed by a majority began holding hearings in 1916 for Su- If Republicans follow through on this of the committee. This is a bipartisan preme Court nominees, a pending threat, the fairness of the process for tradition that makes sense and that we nominee to the Supreme Court vacancy the Supreme Court will forever be tar- should follow. has never been denied a timely hear- nished. The consequences could rever- When Senator LEAHY was Judiciary ing—never denied a timely hearing— berate for generations, and it will be a Committee chairman, he and Ranking even in the final year of a President’s serious gesture against the functioning Member HATCH did just that. Nomina- term. of this great democracy. So all we ask tions—even those opposed by a major- Since 1975, the average time between is, do your job. It is why we were sent ity of the committee—went to the full a Supreme Court nomination and a here after all. Senate.

VerDate Sep 11 2014 02:36 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.054 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 25, 2016 CONGRESSIONAL RECORD — SENATE S1043 In 2001, the Republican leader, Sen- nominee, no matter who is in the The PRESIDING OFFICER. Without ator Lott, said that ‘‘no matter what White House. This Senator says that objection, it is so ordered. the vote in committee on a Supreme today and has said it many times be- Mr. TILLIS. Mr. President, our Na- Court nominee, it is the precedent of fore. Amazingly, this obstruction may tion is in the midst of a Presidential the Senate that the individual nomi- reach all the way to the Supreme election in which the American people nated is given a vote by the whole Sen- Court—not just for a specific nominee, are currently deciding who will be our ate.’’ but for any nominee. next Commander in Chief. In my home Were those Senators any less prin- What we are seeing is bad going to State of North Carolina, many voters cipled? I don’t think so. Were those worse, and what we are seeing is elec- have already submitted their absentee Senators any less passionate in their tion-year politics. The majority leader ballots and early voting will begin views? No, but they did their job. They said that the voters should have a say soon. knew how important this was to our in who the next Supreme Court Justice This election year is especially im- country. They honored Senate tradi- is. They had their say. They over- portant. In addition to electing our tion, and they made sure the highest whelmingly reelected President Obama next President, the American people Court in the land was not running on to a 4-year term—not a 3-year term. will have an opportunity to have their empty. How did we get from there to There is no logical end point to the ma- say in who should be our next Supreme here? If the majority leader has his jority leader’s position. They say no Court Justice. This is a rare oppor- way, there will be no hearings, no de- Supreme Court nominee should be con- tunity to let people determine the com- bate, and no vote. sidered in the President’s last year. position of the highest Court in the The confirmation of a Supreme Court What if this were 2 months ago? Would land, an institution that dramatically Justice is critical to a functioning de- their views be different if it was De- affects the lives of all of us. mocracy. It has become contentious cember 2015 or October? While the stakes weren’t as high in only in recent years. It wasn’t always Additionally, Presidents aren’t the 2014 as they are today, the voice of the so polarizing. Take, for example, Jus- only ones with limited terms in office. American people was still heard loud tice Scalia, whom we just lost. Justice A number of sitting Senators are retir- and clear nonetheless. In 2014, the Scalia was confirmed 98 to 0. This Sen- ing. Do their constitutional duties and American people sent a message about ator does not argue that either side of rights as Senators expire now as well? their displeasure for the President’s the aisle is 100 percent pure, but we Of course not, and neither should a disregard for our Nation’s system of know that a fully functioning Supreme President’s. checks and balances. The American Court is vital to ensure justice in our Nominees should be judged on their people sent a message about their op- system of government, and that de- merits. They are public servants in the position to the President’s misuse of pends on a fully functioning Senate. executive branch, in our courts. They Executive orders to bypass the will of This obstruction is part of a bigger serve the people in this country. They the Congress, and the American people problem. We have seen before and we should not be judged on feelings about sent a message by electing a new Sen- are seeing now that the Senate is bro- a President you may not like. That is ate majority. ken. The American people are frus- not governing; that is a temper tan- Perhaps the memo the Nation sent to trated, fed up with political games, ob- trum. the President in 2014 is the reason the struction in the Senate, special deals Let’s be very clear. A Presidential minority leadership is now attempting for insiders, and campaigns that are election year is no excuse. For exam- to deny the American people’s full being sold to the highest bidder. They ple, Justice Kennedy was confirmed voice from being heard in this election. see this obstruction as just another ex- unanimously in the last year of Presi- The minority doesn’t want the people ample of how our democracy is being dent Reagan’s administration by a to decide the composition of the Su- taken away. In this case, the hammer preme Court, so they have claimed doing the damage is the filibuster. In- Democratic-controlled Senate. Our democracy works with three there is a constitutional requirement stead of debate, we have gridlock. In- branches of government, not just two. for the Senate to give the President’s stead of working together, we have ob- Supreme Court nominee a vote. struction. That is why I pushed for This assault on the Supreme Court is without precedent, without cause, and That couldn’t be further from the rules reform in the 112th Congress and truth. Article II, section 2 of the Con- in the 113th Congress. That is why I should be without support. The President will do his duty and stitution makes this clear. While the continue to push no matter which President may nominate individuals to party is in the majority. will nominate a Supreme Court Jus- tice. Any Senator has the right to say the Supreme Court, the Senate holds We changed the Senate rules to allow the power to grant or withhold consent majority votes for executive and judi- no, but the American people have the right to hear why. for those nominees. This is not difficult cial nominees to lower courts, but that or unique in a constitutional sense. In does no good if they remain blocked, I began my speech with comments by the majority leader. But this really fact, in 2005, the senior Senator from and that is what is happening in this Nevada took to this very Senate floor Congress. The line gets longer and isn’t about what the majority leader said 10 years ago or what other major- and this is what he declared: longer of perfectly qualified nominees The duties of the Senate are set forth in who are denied a vote—denied even to ity leaders have said and what both sides say back and forth; it is about the U.S. Constitution. Nowhere in that docu- be heard. Meanwhile, the backlog ment does it say the Senate has a duty to grows to 17 judges, 3 Ambassadors, and what the American people are saying give the Presidential nominees a vote. It even the top official at the Treasury now and what the Constitution has al- says appointments shall be made with the Department whose job is to go after ways said: Do your job. Uphold your advice and consent of the Senate. That is the finances of terrorists. We are on oath. Move our country forward. very different than saying every nominee re- track for the lowest number of con- So I state to my colleagues: Let’s get ceives a vote. firmations in three decades. serious. Let’s stop these dangerous The Senate is doing its job by with- We now have 31 judicial districts games. The President’s nominee, who- holding consent, and that is exactly with emergency levels of backlogs. A ever that is, deserves consideration. why the rules of the Senate provide year ago, we had 12. Thousands of peo- The American people deserve a govern- further guidance on what happens ple wait for their day in court because ment that works. when the Senate exercises its author- there is no judge to hear the case. That Mr. President, I suggest the absence ity not to advance a judicial nominee. is justice delayed and justice denied. of a quorum. Senate rule XXXI states: ‘‘Nomina- Just when you think things can’t get The PRESIDING OFFICER. The tions neither confirmed nor rejected any worse—they do. A seat on the Su- clerk will call the roll. during the session at which they are preme Court is empty, and the major- The senior assistant legislative clerk made shall not be acted upon at any ity leader is actually arguing that it proceeded to call the roll. succeeding session without being again should stay empty for over a year. Mr. TILLIS. Mr. President, I ask made to the Senate by the President.’’ I do not believe that the Constitution unanimous consent that the order for The Constitution states and the Sen- gives me the right to block a qualified the quorum call be rescinded. ate rules anticipate that the Senate

VerDate Sep 11 2014 02:36 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.057 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S1044 CONGRESSIONAL RECORD — SENATE February 25, 2016 can exercise its clear authority to The PRESIDING OFFICER. Without difficult time, we pray that the withhold consent on any nominee of- objection, it is so ordered. Moszers are able to find comfort in the fered by the President. It is not a novel REMEMBERING OFFICER JASON DAVID MOSZER love of their family and friends, the concept that the Supreme Court va- Ms. HEITKAMP. Mr. President, I join support of their community, and the cancy should not be filled during an with my colleague and senior Senator, warm memories they have of Jason, election year. Mr. HOEVEN, to honor and to bear wit- which they will carry for the rest of We can look back to 1992, probably ness to a great North Dakotan and a their lives. Please know that you will before these pages were even born, great officer of the Fargo Police De- continue to be in our thoughts and when Senate Judiciary Committee partment, Jason Moszer, who lost his prayers. then-Chairman JOE BIDEN eloquently life in the line of duty. One final note. Senator HEITKAMP explained the need for the Supreme I begin by yielding the floor to my and I were at the funeral. I think there Court vacancy during a Presidential senior Senator, Mr. HOEVEN. were about 6,000 people at the funeral, election cycle and that it should be ad- Mr. HOEVEN. Mr. President, I join which is a testament to Officer Moszer dressed after the American people had my colleague from North Dakota to and his life. He truly epitomizes sac- their say in the election. honor a brave young man, Jason David rifice and service to others. May God Chairman BIDEN, now Vice President Moszer, who made the ultimate sac- bless him and his family. BIDEN, said: rifice for his community. Mr. President, I turn the floor back The senate too, Mr. President, must con- Jason Moszer was an officer since to my colleague, Senator HEITKAMP. sider how it would respond to a Supreme 2009 with the Fargo Police Department. Ms. HEITKAMP. I thank my senior Court vacancy that would occur in the full He died in the line of duty 2 weeks ago Senator from North Dakota, Mr. throes of an election year. It is my view that today while responding to a domestic HOEVEN. if the president goes the way of Presidents violence report in Fargo, ND. It is a As we sat quietly in the hockey Fillmore and Johnson and presses an elec- arena that Jason loved so much, we tragedy that he was torn from his fam- tion year nomination, the Senate Judiciary felt the pain of so many, including the ily and friends and torn from his life Committee should seriously consider not literally hundreds of thousands of while protecting the lives of others. He scheduling confirmation hearings on the North Dakotans who watched the nomination—until after the political cam- dedicated himself to serving our State, broadcast of the funeral but also lis- paign season is over. and we are all grateful for his commit- tened on the radio. He went on to say: ment to devoting his energy and tal- On the evening of Wednesday, Feb- And I sadly predict, Mr. President, that ents to serve as a member of the Fargo ruary 10, Officer Jason Moszer did what this is going to be one of the bitterest, dirti- Police Department. so many police officers do on a daily est presidential campaigns we will have seen While at his funeral earlier this in modern times. basis—he went toward the danger to week, I appreciated the opportunity to answer the call to serve and protect The Vice President concludes by say- learn more about the person Jason was the citizens of Fargo, ND. Jason and ing: and the life he lived. From his youth, the other officers who responded to I’m sure, Mr. President, after having ut- he led a life of continuous service— that initial call knew they were en- tered these words, some will criticize such a service with the National Guard as a countering a dangerous situation. The decision and say that it was nothing more combat medic for 8 years, service in than an attempt to save a seat on the court domestic violence call that brought Bosnia, service in Iraq, and, until his them there that evening had men- in hopes that a Democrat will be permitted passing, service to the people of Fargo to fill it. tioned there might be a firearm in- But that would not be our intention, Mr. as a policeman. In 2012 he and fellow of- volved. Yet those officers did not hesi- President, if that were the course we were to ficer Matthew Sliders were awarded the tate that night. choose as a senate to not consider holding Department’s Silver Star Medal for A short time later, shots rang out, the hearings until after the election. Instead pulling two children from an apart- and then those words—those words it would be our pragmatic conclusion that ment fire. that will never be forgotten by his fel- once the political season is underway, and it Even in death he served by donating low officers—were heard: ‘‘Officer is, action on a Supreme Court nomination his organs to others in need. In dying, must be put off until after the election cam- down.’’ paign is over. That is what is fair to the his organs and tissue helped save the Yet, even in the darkest of hours, the nominee and essential to the process. Other- lives of at least five other people. men and women of the Fargo Police wise, it seems to me, Mr. President, we will Clearly, Officer Moszer was a man com- Department maintained their be in deep trouble as an institution. mitted to doing things for others and, composure and continued the critical Vice President BIDEN’s remarks may consequently, he was respected and ad- work of securing the surrounding have been voiced in 1992, but they are mired by everyone who came into con- neighborhood and trying to bring this entirely applicable in 2016. The cam- tact with him. dangerous situation to a resolution. paign is already underway. Hearing stories about the pranks he Later that night the city of Fargo, It is essential to the institution of pulled, the friends he brought together, the State of North Dakota, our neigh- the Senate and to the very health of his love of camping and cooking all boring community of Moorhead, ND, our Republic not to launch our Nation round out the picture of a man who and certainly his home community of into a partisan, divisive confirmation touched the lives of so many, a man Sabin, lost one of its finest when Offi- battle during the very same time the who was loved by so many. We owe him cer Moszer succumbed to his injuries. American people are casting their bal- and those who love him a tremendous The loss of an officer in the line of duty lots to elect our next President. debt for their sacrifice because his fam- is something that devastates an entire Vice President BIDEN—and this is not ily and friends paid a high price. community—and in a small State like something I have said very often—was We in North Dakota pride ourselves North Dakota it has taken a toll on absolutely right. There should be no on being a safe State, but incidents every law enforcement officer and hearings. There should be no confirma- like this remind us we are not immune every resident throughout our entire tion. The most pragmatic conclusion to to violent crime. They also remind us State. draw in 2016 is to hold the Supreme of the enormous debt we owe to Officer I am here this evening to honor Offi- Court vacancy until the American peo- Moszer and to all the men and women cer Moszer, and I am here this evening ple’s voices have been heard. in law enforcement who leave home to honor the brave men and women of Mr. President, I suggest the absence every day and go to work to protect us the Fargo Police Department. These of- of a quorum. and help make ours the wonderful ficers wake up every morning, and they The PRESIDING OFFICER. The State North Dakotans are so proud of. put on a uniform that requires that clerk will call the roll. Mikey and I extend our heartfelt con- they frequently place themselves in The legislative clerk proceeded to dolences to Officer Moszer’s wife Ra- dangerous situations in order to pro- call the roll. chel and their children, Dillan and tect and to serve the citizens of their Ms. HEITKAMP. Mr. President, I ask Jolee. It is difficult to lose a loved one, State, their community or their tribe. unanimous consent that the order for and, more so, to lose one so young and Few among us know what it is like to the quorum call be rescinded. under such circumstances. During this make that choice.

VerDate Sep 11 2014 02:36 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.058 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 25, 2016 CONGRESSIONAL RECORD — SENATE S1045 We have a proud history in North Da- I wish to end with the End of Watch: quality of care—and that means find- kota of law enforcement officers serv- Edward 143 Status Check. . . . Edward 143 ing ways to better treat and even pre- ing their State and local community Status Check. . . . Last Call Edward 143 Sta- vent these diseases. with distinction. I have had the privi- tus Check. Thankfully, there is hope for patients lege over the years to work with law Adam One Central—Edward 143 is 1042. End and families across the country. Break- enforcement officers in my State who of Watch, February 11th 2016 at 1245 hours. throughs in research are getting us span the spectrum—from highway pa- Those were the final words that their closer to understanding the risk fac- trol to State and local officers, to var- comrades spoke to Officer Moszer and tors and causes of these diseases. We ious Federal officers, and the tribal his family. are developing new drugs and therapies communities. Let me tell you, without Without brave men and women will- to help those who are suffering, and we any hesitation, these are some of the ing to step up and willing to stand on are improving standards of care for finest men and women I have ever met the wall for every one of us, we would those living with and managing these or worked with. The officers of the be a much lesser society. diseases. Fargo Police Department have proven My thanks to my colleague Senator Increases in funding for the NIH and beyond a doubt that they are some of HOEVEN for joining me. It is in a great CDC in the fiscal year 2016 omnibus bill the finest law enforcement officers in North Dakota spirit that we join to- will support these critical efforts in the Nation. gether as colleagues in a bipartisan prevention, research, and treatment. The men and women of the Fargo Po- way to say thank you and to say good- We provided a historic funding increase lice Department, led by Chief David bye to a wonderful officer, Officer of $2 billion for the NIH, and the CDC’s Todd, performed admirably and hero- Moszer. budget was increased by nearly 5 per- ically that night 2 weeks ago. The I yield the floor. cent. These increases will support lead- courage, strength, and leadership dis- I suggest the absence of a quorum. ing research efforts at the NIH on the played by Chief Todd during this in- The PRESIDING OFFICER. The causes of cardiovascular diseases and credibly difficult period has been noth- clerk will call the roll. possible treatments; community pre- ing short of remarkable, and those The legislative clerk proceeded to vention programs at the CDC; as well qualities have certainly spread call the roll. as initiatives to gather data and track throughout his department to each and Mr. HOEVEN. Mr. President, I ask the incidence of congenital heart dis- every officer under his charge. Remem- unanimous consent that the order for ease. These cannot be onetime in- ber, these officers chose this path. the quorum call be rescinded. creases. We must commit to sustained They chose to selflessly put themselves long-term investments in our Federal in harm’s way so they could make the The PRESIDING OFFICER. Without health agencies—that means ensuring city of Fargo a safer place for each and objection, it is so ordered. robust funding increases above infla- every person who lives there or who f tion year after year. That is why I will may by chance be passing through. MORNING BUSINESS They chose to put the needs of others again fight for funding equal to five before their own. They chose a more percent real growth in the fiscal year difficult path to tread than most of us AMERICAN HEART MONTH 2017 appropriations bills for NIH, CDC, would ever be willing to follow. and seven other research agencies that Mr. DURBIN. I come to the floor contribute to medical and scientific ad- One of the stories we heard was from today in recognition of American Heart one of his best friends who said: Jason, vancements consistent with two bills I Month. have introduced. quite honestly, would have been embar- For more than 50 years, Congress has rassed by the outpouring. He suggested The American Cures Act would pro- recognized February as American vide annual budget increases of five that maybe what Jason would have Heart Month. During this time, we liked is just for people to have a few percent over inflation every year for 10 have seen many advances in reducing beers and remember him quietly. Well, years at American’s top four bio- congenital heart defects, heart disease, Jason’s loss was a loss not only for the medical research agencies: the Na- stroke, and other forms of cardio- people of our State, but it was a tre- tional Institutes of Health; the Centers vascular disease through improvements mendously devastating loss for the for Disease Control and Prevention; the in research, education, prevention, and Fargo Police Department and the com- Department of Defense health pro- treatment. munity of Fargo. Those officers who grams; and the VA’s Medical and Pros- Over 1 million cardiovascular disease put on that uniform each and every thetic Research Program, its bio- deaths are now averted each year day are a unique and very special medical research arm. thanks to advances in biomedical re- group, a tight-knit group. Very few The American Innovations Act would people can understand what it takes to search, prevention programs, and the invest an additional $110 billion over 10 do the job they do. development of new drugs and thera- years in the critically important basic Unfortunately, I have attended a pies; yet every 15 minutes, a child is science research at America’s top re- number of funerals—two during my born with a heart defect, and nearly 86 search agencies: the National Science time as attorney general—of officers million adults are living with some Foundation; the Department of Energy who were killed violently in the line of form of cardiovascular disease. Con- Office of Science; the Department of duty. One of the most moving tributes genital heart defects are the most com- Defense Science and Technology Pro- to a fallen officer is when the radio dis- mon type of birth defect, and heart dis- grams; the National Institute of Stand- patcher goes through an End of Watch ease alone remains our Nation’s lead- ards and Technology Scientific and Roll Call. This moving and emotional ing cause of death. Technical Research; and the NASA moment shows that even in death, the For millions of families across the Science Directorate. men and women of the Fargo Police country, including mine, the impact of We can’t afford not to invest in the Department stand shoulder to shoulder heart defects and disease can be over- work these critical agencies are doing. with their colleagues, that they will whelmingly painful. And let me tell you why. support each other the way they sup- Thanks to the Affordable Care Act, A few weeks ago, I was in Peoria, IL, port the city of Fargo each and every parents can now afford health insur- touring the OSF Hospital there. Re- day, and that even when a colleague ance, and coverage can no longer be de- searchers from the University of Illi- has fallen in the line of duty, they will nied for a preexisting condition. Also, nois Medical School are teaming up always have his back. insurers cannot set arbitrary lifetime with the engineering department in Officer Moszer, Chief Todd, and the or annual limits on care. These protec- joint efforts to bring new technologies men and women of the Fargo Police tions can be lifesaving, literally, when to medical breakthroughs. They Department, I thank you from the bot- dealing with congenital heart condi- showed me a model of an infant’s tom of my heart for your service and tions. heart. It was an exact 3–D printed rep- for your sacrifice to the people of And while I am so proud of what we lica of an actual infant heart with seri- Fargo and to the State of North Da- did in health reform to improve access ous congenital defects that would be kota. to care, we must do more to improve operated on. The model was produced

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Since that time, the President one former Guantanamo detainee who is breakthroughs—made possible by Fed- has made progress toward closing the serving a life sentence. Rather than trying eral, State, and private contributions— Guantanamo detention facility. To to invoke fear, we should applaud these com- are giving millions of Americans hope. date, only 91 detainees remain, and top munities that have successfully and safely In early January, surgeons at Prairie national security officials have already detained society’s worst without incident. In Heart Institute in my hometown of cleared 35 of those detainees for trans- any event, the risks of keeping Guantanamo Springfield, IL, operated on a local fer to foreign countries. I am encour- open far outweigh any risks associated with woman from Decatur. The doctors re- aged that the plan unveiled by the ad- closing it. In the coming days and weeks, we plan on placed two diseased heart valves with ministration yesterday morning calls more closely studying the Department of De- artificial valves that were threaded for accelerating the review process to fense’s plan to close Guantanamo, and we into position inside catheters, smaller determine if additional detainees can hope you will do the same. Closing Guanta- than the width of a pencil. This proce- be transferred, as I urged, and for com- namo is not just a national security impera- dure is known as a double trans-cath- pleting that process by the fall. tive, it is about reestablishing the core val- eter valve replacement. This successful Now that President Obama has deliv- ues of who we are as a nation, and we believe surgery was only the fourth of its kind ered a plan, Congress must do its part strongly that there must be a bi-partisan ap- in the United States, and the first in and lift the unnecessary and counter- proach to achieving that objective. the world to use the latest generation productive restrictions on transferring Semper Fidelis, detainees to the United States, so that CHARLES C. KRULAK, of artificial valves. The lead surgeons General, U.S. Marine Corps (Ret.). were from Prairie and Southern Illinois we can finally shutter Guantanamo University School of Medicine. Had the once and for all. We should all want to (At the request of Mr. REID, the fol- valve not been replaced, the patient see additional detainees finally lowing statement was ordered to be would have faced a substantially high- brought to justice in our Federal court printed in the RECORD.) er risk for death from congestive heart system, which has a long and proven VOTE EXPLANATION failure. track record in terrorism prosecu- ∑ Mrs. MCCASKILL. Mr. President, I As co-chair of the Senate NIH Cau- tions—unlike the military commission was necessarily absent for today’s vote cus, and co-chair of the bipartisan, bi- system that has been bogged down in on S. Res. 374, a resolution relating to cameral Congressional Heart and legal challenges and procedural hur- the death of Antonin Scalia, Associate Stroke Coalition, I want to thank my dles. Judge of the Supreme Court of the colleagues for their commitment to The detention facility at Guanta- United States. I would have voted yea.∑ lifesaving research for all Americans. I namo Bay has been a stain on our na- also want to thank the researchers, ad- tional reputation for more than 14 f vocates, public health professionals, years. Closing Guantanamo is the mor- families, and patients for their leader- ally and fiscally responsible thing to ARMS SALES NOTIFICATION ship and tireless support for advance- do, and it is long past time to stop the ments in the science and treatment of fear-mongering so we can work to- Mr. CORKER. Mr. President, section heart diseases. gether to close it down. 36(b) of the Arms Export Control Act There is more work to be done, but I There being no objection, the mate- requires that Congress receive prior no- am optimistic for breakthroughs in the rial was ordered to be printed in the tification of certain proposed arms near future. RECORD, as follows: sales as defined by that statute. Upon Thank you. FEBRUARY 23, 2016. such notification, the Congress has 30 f DEAR SENATOR LEAHY: I represent a coali- calendar days during which the sale tion of more than 60 retired generals and ad- may be reviewed. The provision stipu- PLAN TO CLOSE THE GUANTA- mirals of the United States Armed Forces lates that, in the Senate, the notifica- NAMO BAY DETENTION FACILITY who have for years advocated the responsible tion of proposed sales shall be sent to Mr. LEAHY. Mr. President, for years, closure of the detention facility at Guanta- the chairman of the Senate Foreign I have consistently opposed efforts by namo Bay. I write to urge you to give serious consideration to the recently submitted De- Relations Committee. Congress to restrict the Obama admin- partment of Defense plan to close the deten- In keeping with the committee’s in- istration’s ability to close the deten- tion facility at Guantanamo Bay, Cuba. Clos- tention to see that relevant informa- tion facility at Guantanamo Bay. The ing Guantanamo is in our national security tion is available to the full Senate, I indefinite detention without trial of interest, and with the submission of the DOD ask unanimous consent to have printed detainees at Guantanamo contradicts plan, there is a unique opportunity for Con- in the RECORD at this point the notifi- our most basic principles of justice, de- gress to lift the remaining restrictions on cations which have been received. If grades our international standing, and transferring detainees so that Guantanamo can be closed. the cover letter references a classified harms our national security. The mere Guantanamo continues to impose signifi- annex, then such annex is available to existence of this facility serves as a re- cant costs to our national security. As an all Senators in the office of the Foreign cruitment tool for terrorists, and the offshore detention facility that—rightly or Relations Committee, room SD–423. facility costs American taxpayers more wrongly—represents to the world an image There being no objection, the mate- than $4 million per detainee each of detainee abuse and violations of the rule rial was ordered to be printed in the of law, Guantanamo undermines counterter- year—an astonishing amount of money RECORD, as follows: that could be repurposed to keep our rorism cooperation with allies and unneces- sarily bolsters the propaganda and recruiting DEFENSE SECURITY men and women in uniform safe. COOPERATION AGENCY, I recently received a letter from narratives that terrorists seek to advance. It is a travesty that the trial of the perpetra- Arlington, VA, February 23, 2016. former Marine Corps Commandant tors of the 9/11 attacks remains bogged down Hon. BOB CORKER, Charles Krulak, co-signed by an addi- at Guantanamo nearly 15 years after 9/11. Chairman, Committee on Foreign Relations, tional 60 retired generals and admirals The issue of what to do with Guantanamo U.S. Senate, Washington, DC. that noted ‘‘closing Guantanamo is not is not a political issue. There is near unani- DEAR MR. CHAIRMAN: Pursuant to the re- just a national security imperative, it mous agreement from our nation’s top mili- porting requirements of Section 36(b)(1) of is about reestablishing the core values tary, intelligence, and law enforcement lead- the Arms Export Control Act, as amended, we are forwarding herewith Transmittal No. of who we are as a nation.’’ I could not ers that Guantanamo should be closed. Even President George W. Bush, who opened Guan- 16–12, concerning the Department of the Air agree more. I ask unanimous consent tanamo after the 9/11 attacks, tried to close Force’s proposed Letter(s) of Offer and Ac- that General Krulak’s letter be printed it, noting that ‘‘the detention facility had ceptance to Iraq for defense articles and in the RECORD at the conclusion of my become a propaganda tool for our enemies services estimated to cost $350 million. After remarks. and a distraction for our allies.’’ this letter is delivered to your office, we plan

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to issue a news release to notify the public of All defense articles and services listed in POLICY JUSTIFICATION this proposed sale. this transmittal have been authorized for re- United Arab Emirates—AN/AAO–24(V)N Sincerely, lease and export to the Government of Iraq. Large Aircraft Infrared Countermeasures J.W. RIXEY, (LAIRCM) Vice Admiral, USN, Director. DEFENSE SECURITY The United Arab Emirates (UAE) requested Enclosures. COOPERATION AGENCY, a possible sale of eight (8) AN/AAQ–24(V)N TRANSMITTAL NO. 16–12 Arlington, VA, February 23, 2016. LAIRCM for the UAE’s C–17 aircraft. Each C– Hon. BOB CORKER, Notice of Proposed Issuance of Letter of 17 aircraft configuration for the LAIRCM Offer Pursuant to Section 36(b)(1) of the Chairman, Committee on Foreign Relations, system consists of the following major de- Arms Export Control Act, as amended U.S. Senate, Washington, DC. fense equipment (MDE): three (3) Guardian DEAR MR. CHAIRMAN: Pursuant to the re- Laser Transmitter Assemblies (GLTA), six (i) Prospective Purchaser: Government of porting requirements of Section 36(b)(1) of (6) Ultra-Violet Missile Warning System Iraq. the Arms Export Control Act, as amended, (ii) Total Estimated Value: (UVMWS) Sensors AN/AAR–54, one (1) we are forwarding herewith Transmittal No. Major Defense Equipment* $0 million. LAIRCM System Processor Replacement 16–04, concerning the Department of the Air Other: $350 million. (LSPR). The sale includes spares bringing Force’s proposed Letter(s) of Offer and Ac- Total: $350 million. the MDE total to thirty-seven (37) GLTA AN/ ceptance to the United Arab Emirates for de- (iii) Description and Quantity or Quan- AAQ–24(V)Ns, nineteen (19) LSPR AN/AAQ– fense articles and services estimated to cost tities of Articles or Services under Consider- 24(V)Ns, and seventy-four (74) UVMWS Sen- $225 million. After this letter is delivered to ation for Purchase: sors AN/AAR–54. The sale also includes the your office, we plan to issue a news release Non-Major Defense Equipment (MDE): The following non-MDE items: Control Indicator to notify the public of this proposed sale. Iraq Air Force is requesting a five-year Unit Replacements (CIUR), Smart Card As- Sincerely, sustainment package for its KA–350 fleet semblies (SCA), High Capacity Cards (HCC), J.W. RIXEY, that includes contract logistics, training, User Data Modules (UDM), Repeaters, Vice Admiral, USN, Director. and contract engineering services. Also in- COMSEC Key Loaders, initial spares, Enclosures. cluded in this possible sale are operational consumables, support equipment, technical and intermediate depot level maintenance, TRANSMITTAL NO. 16–04 data, repair and return support, engineering spare parts, component repair, publication Notice of Proposed Issuance of Letter of design, Group A and Group B installation, updates, maintenance training, and logistics. Offer Pursuant to Section 36(b)(1) of the flight test and certification, U.S. Govern- (iv) Military Department: Air Force (X7–D– Arms Export Control Act, as amended ment manpower and services, and Field Serv- QBQ). (i) Prospective Purchaser: United Arab ice Representatives (FSR). The total esti- (v) Prior Related Cases, if any: FMS Case: Emirates. mated value of MDE is $82.664 million. The IQ–D–QAX–$169M–13 September 2011, IQ–D– (ii) Total Estimated Value: total estimated program cost is $225 million. QBK–$750K–19 November 2009. Major Defense Equipment* $82.664 million. This proposed sale enhances the foreign (vi) Sales Commission, Fee, etc., Paid, Of- Other: $142.336 million. policy and national security of the United fered, or Agreed to be Paid: None. Total: $225.000 million. States by improving the security of a part- (vii) Sensitivity of Technology Contained (iii) Description and Quantity or Quan- ner country, which has been, and continues in the Defense Article or Defense Services tities of Articles or Services under Consider- to be, an important force for political sta- Proposed to be Sold: None. ation for Purchase: The UAE requested a bility and economic progress in the Middle (viii) Date Report Delivered to Congress: possible sale of eight (8) AN/AAQ–24(V)N East. February 23, 2016. Large Aircraft Infrared Countermeasures The proposed purchase of LAIRCM to pro- * As defined in Section 47(6) of the Arms (LAIRCM) Systems to protect the UAE’s C– vide for the protection of UAE’s C–17 fleet Export Control Act. 17 aircraft. Each C–17 aircraft configuration enhances the safety of UAE airlift aircraft POLICY JUSTIFICATION for the LAIRCM system consists of three (3) engaging in humanitarian and resupply mis- Government of Iraq—KA–350 Sustainment, Guardian Laser Transmitter Assemblies sions. LAIRCM facilitates a more robust ca- Logistics, and Spares Support (GLTA), six (6) Ultra-Violet Missile Warning pability into areas of increased missile The Government of Iraq is requesting a System (UVMWS) Sensors AN/AAR–54, one threats. The UAE will have no problem ab- five-year sustainment package for its KA–350 (1) Control Indicator Unit Replacement sorbing and using the AN/AAQ–24(V)N fleet that includes: operational and inter- (CIUR) and one (1) LAIRCM System Proc- LAIRCM system. mediate depot level maintenance, spare essor Replacement LSPR. The proposed sale of this equipment and parts, component repair, publication up- Major Defense Equipment (MDE): support will not alter the basic military bal- dates, maintenance training, and logistics. Twenty-four (24) AN/AAQ–24(V)N Guardian ance in the region. There is no Major Defense Equipment associ- Laser Transmitter Assembles (GLTA) and The prime contractor will be The Boeing ated with this case. The overall total esti- thirteen (13) spares. Eight (8) AN/AAQ–24 Company, Chicago, Illinois, The main sub- mated value is $350 million. (V)N LAIRCM System Processor Replace- contractor is Northrop Grumman Corpora- The Iraq Air Force (IqAF) operates five (5) ment (LSPR) and eleven (11) spares. Forty- tion of Rolling Meadows, Illinois. There are King Air 350 ISR (intelligence, surveillance, eight (48) AN/AAR–54 Ultra-Violet Missile no known offset agreements proposed in con- and reconnaissance) and one (1) King Air 350 Warning System (UVMWS) Sensors and nection with this potential sale. aircraft. The KA–350 aircraft are Iraq’s only twenty-six (26) spares. This sale includes provisions for one (1) ISR-dedicated airborne platforms and are Non-MDE items include: Control Indicator FSR to live in the UAE for up to two (2) used to support Iraqi military operations Unit Replacement (CIUR), Smart Card As- years. Implementation of this proposed sale against Al-Qaeda affiliates and Islamic State semblies (SCA), High Capacity Cards (HCC), requires multiple temporary trips to the of Iraq and the Levant (ISIL) forces. The User Data Modules (UDM), Repeaters, UAE involving U.S. Government or con- purchase of a sustainment package will COMSEC Key Loaders, initial spares, tractor representatives over a period of up to allow the IqAF to continue to operate its consumables, support equipment, technical six (6) years for program execution, delivery, fleet of six (6) KA–350 aircraft beyond Sep- data, repair and return support, engineering technical support, and training. tember 2016 (end of the existing Contract Lo- design, Group A and Group B installation, TRANSMITTAL NO. 16–04 gistics Support (CLS) effort). Iraq will have flight test and certification, warranties, con- Notice of Proposed Issuance of Letter of no difficulty absorbing this support. tractor provided familiarization and train- Offer Pursuant to Section 36(b)(1) of the The proposed sale will contribute to the ing, U.S. Government (USG) manpower and Arms Export Control Act, as amended foreign policy and national security goals of services, and Field Service Representatives the United States by helping to improve a (FSR). The total estimated program cost is Annex Item No. vii critical capability of the Iraq Security $225 million. (vii) Sensitivity of Technology Forces in defeating ISIL. (iv) Military Department: Air Force (AE– 1. The AN/AAQ–24(V)N Large Aircraft In- The proposed sale of this equipment and D–QAI). frared Countermeasures (LAIRCM) is a self- support will not alter the basic military bal- (v) Prior Related Cases, if any: FMS Case: contained, directed energy countermeasures ance in the region. AE–D–QAC–17 December 09–$501M, 26 May 10– system designed to protect aircraft from in- The prime contractor will be Beechcraft $250M, 31 July 12–$35M, 28 July 15–$335M. AE– frared-guided surface-to-air missiles. The Defense Company, Wichita, KS. There are no D–QAH 28 July 15–$335M. system features digital technology and known offset agreements proposed in connec- (vi) Sales Commission, Fee, etc., Paid, Of- micro-miniature solid-state electronics. The tion with this potential sale. fered, or Agreed to be Paid: None. system operates in all conditions, detecting Implementation of this proposed sale will (vii) Sensitivity of Technology Contained incoming missiles and jamming infrared- not require the assignment of any additional in the Defense Article or Defense Services seeker equipped missiles with aimed bursts U.S. Government or contractor representa- Proposed to be Sold: See Attached Annex. of laser energy. The LAIRCM system con- tives to Iraq. (viii) Date Report Delivered to Congress: sists of multiple Ultra-Violet Missile Warn- There will be no adverse impact on U.S. de- February 23, 2016. ing System (UVMWS) Sensor units, Guard- fense readiness as a result of this proposed * As defined in Section 47(6) of the Arms ian Laser Transmitter Assemblies (GLTA), sale. Export Control Act. LAIRCM System Processor Replacement

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(LSPR), Control Indicator Unit Replacement TRANSMITTAL NO. 15–80 requirements, and support transition train- (CIUR), and a classified High Capacity Card Notice of Proposed Issuance of Letter of ing for pilots new to the Block 52. Pakistan (HCC), and User Data Modules (UDM). The Offer Pursuant to Section 36(b)(1) of the will have no difficulty absorbing these addi- HCC card is loaded into the CIUR prior to Arms Export Control Act, as amended tional aircraft into its air force. flight. When the classified HCC card is not in The proposed sale of this equipment and (i) Prospective Purchaser: The Government use, it is removed from the CIUR and put in support will not alter the basic military bal- of Pakistan. secure storage. LAIRCM Line Replaceable ance in the region. (ii) Total Estimated Value: Units (LRU) hardware is classified SECRET Contractors have not been selected to sup- Major Defense Equipment* $564.68 million. when the classified HCC is inserted into the port this proposed sale. There are no known Other $134.36 million. CIUR. LAIRCM system software, including offset agreements proposed in connection Total: $699.04 million. Operational Flight Program, is classified SE- with this potential sale. (iii) Description and Quantity or Quan- CRET. Technical data and documentation to Implementation of this proposed sale will tities of Articles or Services Under Consider- be provided are UNCLASSIFIED. not require the assignment of any additional ation for Purchase: U.S. Government or contractor representa- a. The set of UVMWS Sensor units (AN/ Major Defense Equipment (MDE): Eight (8) tives to Pakistan. AAR–54) are mounted on the aircraft exte- F–16 Block 52 aircraft (two (2) C and six (6) D There will be no adverse impact on U.S. de- rior to provide omni-directional protection. models), with the F100–PW–229 increased per- fense readiness as a result of this proposed The UVMWS Sensors detect the rocket formance engine. sale. plume of missiles and sends appropriate data Fourteen (14) Joint Helmet Mounted Cue- TRANSMITTAL NO. 15–80 signals to the LSPR for processing. The ing Systems (JHMCS). Notice of Proposed Issuance of Letter of LSPR analyzes the data from each UVMWS Non-MDE items included in this request Offer Pursuant to Section 36(b)(1) of the Sensors and automatically deploys the ap- are eight (8) AN/APG–68(V)9 radars, and Arms Export Control Act propriate countermeasures via the GLTA. eight (8) ALQ–211(V)9 Advanced Integrated Annex Item No. vii The CIUR displays the incoming threat. Defensive Electronic Warfare Suites (vii) Sensitivity of Technology: b. The AN/AAR–54 UVMWS Sensor warns of (AIDEWS). Additionally, this possible sale 1. This sale involves the release of sen- threat missile approach by detecting radi- includes spare and repair parts, support and sitive technology to Pakistan. The F–16C/D ation associated with the rocket motor. The test equipment, publications and technical Block 50/52 weapon system is UNCLASSI- AN/AAR–54 is a small, lightweight, passive, documentation, personnel training and FIED, except as noted below. The aircraft electro-optic, threat warning devise used to training equipment, U.S. Government and uses the F–16 airframe and features advanced detect surface-to-air missiles fired at heli- contractor engineering, technical and logis- avionics and systems. It contains the Pratt copters and low-flying fixed-wing aircraft tics support services, and other related ele- and Whitney F–100–PW 229 engine, AN/APG– and automatically provide counlermeasures, ments of logistical and program support. The 68V(9) radar, digital flight control system, as well as audio and visual warning messages estimated cost of MDE is $564.68 million. The external electronic warfare equipment, Ad- to the aircrew. The basic system consists of total estimated cost is $699.04 million. vanced Identification Friend or Foe (AIFF), multiple UVMWS Sensor units, three (iv) Military Department: Air Force (X7–D– LINK–16 datalink, and software computer GLTAs, a LSPR and a CIUR. The set of 5A7). programs. UVMWS units (each C–17 has six (6)) are (v) Prior Related Cases, if any: FMS Case 2. Sensitive and/or classified (up to SE- mounted on the aircraft exterior to provide SAF—$1.4B–24 Oct 06. CRET) elements of the proposed F–16C/D in- omnidirectional protection. Hardware is UN- (vi) Sales Commission, Fee, etc., Paid, Of- clude hardware, accessories, components, CLASSIFIED. Software is SECRET. Tech- fered, or Agreed to be Paid: None. and associated software: AN/APG–68V(9) nical data and documentation to be provided (vii) Sensitivity of Technology Contained Radar, Have Quick I/II Radios, AN/APX–113 are UNCLASSIFIED. in the Defense Article or Defense Services AIFF with Mode IV capability, AN/ALE–47 Proposed to be Sold: See Attached Annex. Countermeasures (Chaff and Flare) set, 2. This sale is necessary in furtherance of (viii) Date Report Delivered to Congress: LINK–16 Advanced Data Link Group A provi- the U.S. foreign policy and national security February 11, 2016. sions only, Embedded Global Positioning objectives outlined in the Policy Justifica- *As defined in Section 47(6) of the Arms System/Inertial Navigation System, Joint tion. Moreover, the benefits derived from Export Control Act. Helmet-Mounted Cueing System (JHMCS), this sale, as outlined in the Policy Justifica- POLICY JUSTIFICATION ALQ–211(V)9 Advanced Integrated Defensive tion, outweigh the potential damage that Electronic Warfare Suite (AIDEWS) without The Government of Pakistan—F–16 Block 52 could result if the sensitive technology were Digital Radio Frequency Memory, AN/ALQ– Aircraft revealed to unauthorized persons. 213 Countermeasures Set, Modular Mission 3. If a technologically advanced adversary The Government of Pakistan has requested Computer, Have Glass I/II without infrared were to obtain knowledge of the specific a possible sale of: top coat, Digital Flight Control System, F– hardware and software elements, the infor- Major Defense Equipment (MDE): 100 engine infrared signature, and Advanced mation could be used to develop counter- Eight (8) F–16 Block 52 aircraft (two (2) C Interference Blanker Unit. Additional sen- measures or equivalent systems which might and six (6) D models), with the F100–PW–229 sitive areas include operating manuals and reduce system effectiveness or be used in the increased performance engine maintenance technical orders containing development of a system with similar or ad- Fourteen (14) Joint Helmet Mounted Cue- performance information, operating and test vanced capabilities. ing Systems (JHMCS) procedures, and other information related to Non-MDE items included in this request support operations and repair. The hardware, 4. All defense articles and services listed in are eight (8) AN/APG–68(V)9 radars, and software, and data identified are classified to this transmittal have been authorized for re- eight (8) ALQ–211(V)9 Advanced Integrated protect vulnerabilities, design and perform- lease and export to the United Arab Emir- Defensive Electronic Warfare Suites ance parameters and other similar critical ates. (AIDEWS). Additionally, this possible sale information. includes spare and repair parts, support and 3. The AN/APG–68(V)9 is the latest model DEFENSE SECURITY test equipment, publications and technical of the APG–68 radar and was specifically de- COOPERATION AGENCY, documentation, personnel training and signed for foreign military sales. This model Arlington, VA, February 11, 2016. training equipment, U.S. Government and contains the latest digital technology avail- Hon. BOB CORKER, contractor engineering, technical and logis- able for a mechanically scanned antenna, in- Chairman, Committee on Foreign Relations, tics support services, and other related ele- cluding higher processor power, higher trans- U.S. Senate, Washington, DC. ments of logistical and program support. The mission power, more sensitive receiver elec- estimated cost of MDE is $564.68 million. The tronics, and an entirely new capability, Syn- DEAR MR. CHAIRMAN: Pursuant to the re- total estimated cost is $699.04 million. thetic Aperture Radar (SAR), which creates porting requirements of Section 36(b)(1) of This proposed sale contributes to U.S. for- higher resolution ground maps from a much the Arms Export Control Act, as amended, eign policy objectives and national security greater distance than previous versions of we are forwarding herewith Transmittal No. goals by helping to improve the security of a the APG–68. Complete hardware is classified 15–80, concerning the Department of the Air strategic partner in South Asia. CONFIDENTIAL, major components and Force’s proposed Letter(s) of Offer and Ac- The proposed sale improves Pakistan’s ca- subsystems are classified CONFIDENTIAL, ceptance to the Government of Pakistan for pability to meet current and future security software is classified SECRET, and technical defense articles and services estimated to threats. These additional F–16 aircraft will data and documentation are classified up to cost $699.04 million. After this letter is deliv- facilitate operations in all-weather, non-day- SECRET. ered to your office, we plan to issue a news light environments, provide a self-defense/ 4. The AN/ARC–238 radio with HAVE release to notify the public of this proposed area suppression capability, and enhance QUICK II is a voice communications radio sale. Pakistan’s ability to conduct counter-insur- system. The AN/ARC–238 employs cryp- Sincerely, gency and counterterrorism operations. tographic technology that is classified SE- J.W. RIXEY, This sale will increase the number of air- CRET. Classified elements include operating Vice Admiral, USN, Director. craft available to the Pakistan Air Force to characteristics, parameters, technical data, Enclosures. sustain operations, meet monthly training and keying material.

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5. The AN/APX–113 AIFF with Mode IV sys- 0C-16. This report relates to enhancements or TRANSMITTAL NO.: 0G–16 tem is classified up to SECRET when oper- upgrades from the level of sensitivity of Report of Enhancement or Upgrade of Sensi- ational evaluator parameters are loaded into technology or capability described in the tivity of Technology or Capability (Sec. the equipment. Classified elements of the Section 36(b)(1) AECA certification 15-14 of 29 36(b)(5)(a), AECA) AIFF system include software object code, May 2015. (i) Purchaser: Government of Australia. operating characteristics, parameters, and Sincerely, (ii) Sec. 36(b)(1), AECA Transmittal No.: technical data. J.W. RIXEY, 16–10; Date: 18 December 2015; Military De- 6. The Multifunctional Information Dis- Vice Admiral, USN, Director. partment: Army. tribution System-Low Volume Terminal Enclosures. (iii) Description: On 18 December 2015, Con- (MIDS–LVT) is an advanced Link–16 com- TRANSMITTAL NO. 0C–16 gress was notified, by Congressional Notifi- mand, control, communications, and intel- cation Transmittal Number 16–10, of the pos- ligence (C31) system incorporating high-ca- Report of Enhancement or Upgrade of Sensi- sible sale under Section 36(b)(l) of the Arms pacity, jam-resistant, digital communication tivity of Technology or Capability (Sec. Export Control Act for the following: links for exchange of near real-time tactical 36(b)(5)(A), AECA) Major Defense, Equipment (MDE): information, including both data and voice, (i) Purchaser: The United Arab Emirates Three (3) CH–47F Chinook Helicopters. among air, ground, and sea elements. MIDS– (UAE). Six (6) T55–GA–714A Aircraft Turbine En- LVT is intended to support key theater func- (ii) Sec. 36(b)(1), AECA Transmittal No.: 15- gines. tions such as surveillance, identification, air 14; Date: 29 May 2015; Military Department: Three (3) Force XXI Battle Command, Bri- control, weapons engagement coordination, Air Force. gade & Below (FBCB2)/Blue Force Tracker and direction for all services and allied (iii) Description: On 29 May 2015, Congress (BFT). forces. The system will provide jamming-re- was notified by Congressional Notification Three (3) Common Missile Warning Sys- sistant, wide-area communications on a Transmittal Number 15-14, of the possible tems (CMWS). Link-16 network among MIDS and Joint Tac- sale under Section 36(b)(1) of the Arms Ex- Three (3) Honeywell H–764 Embedded Glob- tical Information Distribution System port Control Act for 500 GBU–31B/B(V)1 (MK– al Positioning/Inertial Navigation Systems. (JTIDS) equipped platforms. The MIDS/LVT 84/BLU–117) bombs, 500 GBU–31B/B(V)3 (BLU– Three (3) Infrared Signature Suppression and MIDS on Ship Terminal hardware, publi- 109 bombs) bombs, and 600 GBU–12 (MK–82/ Systems. cations, performance specifications, oper- BLU–111) bombs, containers, fuzes, spare and The previous request also included the fol- ational capability, parameters, vulnera- repair parts, support equipment, publica- lowing Non-Major Defense Equipment; AN/ bilities to countermeasures, and software tions and technical documentation, per- APX–123A Identification Friend or Foe (IFF) documentation are classified CONFIDEN- sonnel training and training equipment, U.S. Transponders, Defense Advanced Global Po- TIAL. The classified information to be pro- Government and contractor logistics and sitioning System (GPS) Receiver (DAGR), vided consists of that which is necessary for technical support services, and other related AN/ARC–201D SINCGARS Airborne Radio the operation, maintenance, and repair elements of logistics support. The estimated Systems, AN/ARC–220 High Frequency Air- (through intermediate level) of the data link total cost was $130 million. Major Defense borne Communication Systems, AN/ARC– terminal, installed systems, and related soft- Equipment (MDE) constituted $100 million of 231(V)(C) Airborne VHF/UHF/LOS SATCOM ware. this total. Communications Systems, KY–100 Secure 7. The Joint Helmet Mounted Cueing Sys- This transmittal reports a clarification Communication Systems, KIV–77 Common tem (JHMCS) is a modified HGU–55/P helmet that the MDE munitions notified on Con- IFF Cryptographic Computers, AN/AVS–6 that incorporates a visor-projected Heads-Up gressional Notification transmittal number Aviator’s Night Vision Systems, AN/ARN–147 Display (HUD) to cue weapons and aircraft 15–14 include the following: 500 GBU–31B/ Very High Frequency (VHF) Omni Ranging/ sensors to air and ground targets. A Helmet B(V)1 (KMU–556 Joint Direct Attack Muni- Instrument Landing System Receiver, AN/ Vehicle Interface (HVI) interacts with the tion (JDAM) kits with 500 MK–84/BLU–117 PYQ–10(C) Simple Key Loaders, AN/ARN–153 aircraft system bus to provide signal genera- general purpose bombs); 500 GBU–31B/B(V)3 Tactical Airborne Navigation (TACAN) Sys- tion for the helmet display. This provides (KMU–557 JDAM kits with 500 BLU–109 pene- tem, Spare Parts, Tools, Ground Support significant improvement for close combat trating bombs); and 600 GBU–12 kits, with 600 Equipment, Technical Publications, Con- targeting and engagement. The hardware is MK–82/BLU–111 general purpose bombs. This tractor and U.S. Government Technical UNCLASSIFIED; technical data and docu- transmittal also reports the inclusion as Services. ments are classified up to SECRET. MDE of 1700 FMU–152A/B munitions fuzes. 8. If a technologically advanced adversary The total estimated cost of MDE was $105 The value of the fuzes was included in the million. The total overall estimated value were to obtain knowledge of the specific MDE cost but was not enumerated as MDE. hardware or software source code in this pro- was $180 million. The total estimated value of associated MDE This report revises the quantity of the posed sale, the information could be used to remains at $100M. The total overall value of develop countermeasures which might re- Honeywell H–764 Embedded Global Posi- the program remains at $130 million. tioning/Inertial Navigation Systems (GPS/ duce weapon system effectiveness or be used (iv) Significance: The proposed sale pro- in the development of systems with similar INS) to two (2) per aircraft and two (2) as vides munitions resupply. The UAE con- spares, for a total quantity of eight (8). This or advanced capabilities. The benefits to be tinues to be a steadfast partner within the derived from this sale in the furtherance of report also revises the quantity of Common region and continues to participate in Coali- Missile Warning Systems (CMWS) to four (4), the U.S. foreign policy and national security tion Operations. objectives, as outlined in the Policy Jus- which includes one spare. Additionally, this (v) Justification: This proposed sale con- report removes the three (3) Force XXI Bat- tification, outweigh the potential damage tributes to the foreign policy and national that could result if the sensitive technology tle Command, Brigade & Below (FBCB2), but security of the United States by meeting the retains the Blue Force Tracker (BFT), which were revealed to unauthorized persons. security and defense needs of a partner na- 9. This sale is necessary in furtherance of are non-MDE. The Infrared Signature Sup- tion that continues to be an important force the U.S. foreign policy and national security pression Systems are also revised to be prop- for political stability and economic progress objectives outlined in the Policy Justifica- erly enumerated here as non-MDE. The re- in the Middle East. tion. vised MDE total cost is $103 million. The 10. A determination has been made that (vi) Date Report Delivered to Congress: total overall estimated value remains at $180 the recipient country can provide the same February 10, 2016. million. degree of protection for the sensitive tech- (iv) Significance: The GPS/INS provides nology being released as the U.S. Govern- DEFENSE SECURITY highly accurate all-altitude, all-weather ment. This sale is necessary in furtherance COOPERATION AGENCY, navigation and timing information to the of the U.S. foreign policy and national secu- Arlington VA, February 10, 2016. CH–47F Chinook helicopters, allowing more rity objectives outlined in the Policy Jus- Hon. BOB CORKER, precise flight pattern and rendezvous. The tification. Chairman, Committee on Foreign Relations, helicopters have a redundant requirement to 11. All defense articles and services are ap- U.S. Senate, Washington, DC. have two GPS/INS systems for flight oper- proved for release to the Government of DEAR MR. CHAIRMAN: Pursuant to the re- ations. There is also a requirement for two Pakistan. porting requirements of Section 36(b)(5)(A) of additional GPS/INS as maintenance spares. the Arms Export Control Act (AECA), as The CMWS provides enhanced situational DEFENSE SECURITY amended, we are forwarding Transmittal No. awareness and the capability to defeat COOPERATION AGENCY, 0G–16. This report relates to enhancements ground to air missile threats. The CH–47F Arlington, VA, February 10, 2016. or upgrades from the level of sensitivity of helicopters will increase Australia’s ability Hon. BOB CORKER, technology or capability described in the to contribute to future coalition operations Chairman, Committee on Foreign Relations, Section 36(b)(1) AECA certification 16–10 of and help provide stability in the region. U.S. Senate, Washington, DC. 18 December 2015. (v) Justification: It is vital to U.S. na- DEAR MR. CHAIRMAN: Pursuant to the re- Sincerely, tional interests to assist Australia to de- porting requirements of Section 36(b)(5)(A) of J.W. RIXEY, velop and maintain a strong and ready self- the Arms Export Control Act (AECA), as Vice Admiral, USN, Director. defense capability. This update to a pre- amended, we are forwarding Transmittal No. Enclosures. viously approved sale will further enhance

VerDate Sep 11 2014 05:55 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.008 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S1050 CONGRESSIONAL RECORD — SENATE February 25, 2016 Australia’s interoperability with the U.S. Eight (8) LN–251 INS/GPS units (2 per air- can be either fixed or mobile. In addition to Army. craft with 2 spares). the shelter housing the operator (vi) Date Report Delivered to Congress: Also included with this request are oper- workstations, the MCE includes an optional February 10, 2016. ational-level sensor and aircraft test equip- 6.25 meter Ku-Band antenna assembly, a Tac- ment, ground support equipment, oper- tical Modular Interoperable Surface Ter- DEFENSE SECURITY ational flight test support, communications minal, a 12-ton Environmental Control Unit COOPERATION AGENCY, equipment, spare and repair parts, personnel (heating and air conditioning), and two 100 Arlington, VA, February 10, 2016. training, publications and technical data, kilowatt electrical generators. The MCE, Hon. BOB CORKER, U.S. Government and contractor technical technical data, and documentation are UN- Chairman, Committee on Foreign Relations, and logistics support services, and other re- CLASSIFIED. The MCE may operate at the U.S. Senate, Washington, DC. lated elements of logistics support. The esti- classified level depending on the classifica- DEAR MR. CHAIRMAN: Pursuant to the re- mated value of MDE is $.689 billion. The tion of the data feeds. porting requirements of Section 36(b)(1) of total estimated value is $1.2 billion. b. The Launch and Recovery Element the Arms Export Control Act, as amended, This proposed sale will contribute to the (LRE) is a subset of the MCE and can be ei- we are forwarding a revised Transmittal No. foreign policy and national security of the ther fixed or mobile. It provides identical 15–62, concerning the Department of the Air United States. Japan is one of the major po- functionality for mission planning and air Force’s proposed Letter(s) of Offer and Ac- litical and economic powers in East Asia and vehicle command and control (C2). The ceptance to the Government of Japan for de- the Western Pacific and a key partner of the launch element contains a mission planning fense articles and services estimated to cost United States in ensuring regional peace and workstation and a C2 workstation. The pri- $1.20 billion. The original Transmittal was stability. This transaction is consistent with mary difference between the LRE and MCE delivered on November 19, 2015, and it erro- U.S. foreign policy and national security ob- is the lack of any wide-band data links or neously cited the potential for offsets. There jectives and the 1960 Treaty of Mutual Co- image processing capability within the LRE are no known offsets associated with this operation and Security. and navigation equipment at the LRE to pro- sale. This submission corrects this discrep- The proposed sale of the RQ–4 will signifi- vide the precision required for ground oper- ancy and makes no other changes. After this cantly enhance Japan’s intelligence, surveil- ations, take-off, and landing. The LRE, tech- letter is delivered to your office, we plan to lance, and reconnaissance (ISR) capabilities nical data, and documentation are UNCLAS- issue a corrected news release to notify the and help ensure that Japan is able to con- SIFIED. The EISS includes infrared/electro- public of this proposed sale. tinue to monitor and deter regional threats. optical, synthetic aperture radar imagery, Sincerely, The Japan Air Self Defense Force (JASDF) ground moving target indicator and space to J.W. RIXEY, will have no difficulty absorbing these sys- accommodate optional SIGINT, Maritime, Vice Admiral, USN, Director. tems into its armed forces. datalink, and automatic identification sys- Enclosures. The proposed sale of this equipment and tem capabilities. The ground control ele- TRANSMITTAL NO. 15–62 support will not alter the basic military bal- ment includes a mission control function and ance in the region. a launch and recovery capability. Notice of Proposed Issuance of Letter of The principal contractor will be Northrop c. The RQ–4 employs a quad-redundant In- Offer Pursuant to Section 36(b)(1) of the Grumman Corporation in Rancho Bernardo, ertial Navigation System/Global Positioning Arms Export Control Act, as amended California. There are no known offset agree- System (INS/GPS) configuration. The system (i) Prospective Purchaser: Government of ments in connection with this potential sale. utilizes two different INS/GPS systems for Japan. Implementation of this proposed sale will greater redundancy. The system consists of (ii) Total Estimated Value: require the assignment of contractor rep- two LN–251 units and two Kearfott KN–4074E Major Defense Equipment:* $.689 billion. resentatives to Japan to perform contractor INS/GPS Units. The LN–251 is a fully inte- Other: $.511 billion. logistics support and to support establish- grated, non-dithered navigation system with Total: $1.20 billion. ment of required security infrastructure. an embedded Selective Availability/Anti- (iii) Description and Quantity or Quan- There will be no adverse impact on U.S. de- Spoofing Module (SAASM), P(Y) code or tities of Articles or Services under Consider- fense readiness as a result of this proposed Standard Positioning Service (SPS) GPS. It ation for Purchase: sale. utilizes a Fiber-Optic Gyro (FOG) and in- Major Defense Equipment (MDE): cludes three independent navigation solu- Three (3) RQ–4 Block 30 (I) Global Hawk TRANSMITTAL NO. 15–62 tions; blended INS/GPS, INS-only, and GPS- Remotely Piloted Aircraft with Enhanced In- Notice of Proposed Issuance of Letter of only. The Kearfott KN–4074E features a Mon- tegrated Sensor Suite (EISS). Offer Pursuant to Section 36(b)(1) of the olithic Ring Laser Gyro (MRLG) and acceler- Eight (8) Kearfott Inertial Navigation Sys- Arms Export Control Act, as amended ometer. The inertial sensors are tightly cou- tem/Global Positioning System (INS/GPS) Annex Item No. vii pled with an embedded SAASM P(Y) code units (2 per aircraft with 2 spares). (vii) Sensitivity of Technology: Eight (8) LN–251 INS/GPS units (2 per air- GPS. Both systems employ cryptographic 1. The RQ–4 Block 30 Global Hawk hard- technology that can be classified up to SE- craft with 2 spares). ware and software are UNCLASSIFIED. The Also included with this request are oper- CRET. highest level of classified information re- 2. If a technology advanced adversary were ational-level sensor and aircraft test equip- quired for operation may be SECRET de- to obtain knowledge of the specific hardware ment, ground support equipment, oper- pending on the classification of the imagery and software elements, the information ational flight test support, communications or Signals Intelligence (SIGINT) utilized on could be used to develop countermeasures equipment, spare and repair parts, personnel a specific operation. The RQ–4 is optimized that might reduce weapon system effective- training, publications and technical data, for long range and prolonged flight endur- ness or be used in the development of a sys- U.S. Government and contractor technical ance. It is used for military intelligence, sur- tem with similar or advanced capabilities. and logistics support services, and other re- veillance, and reconnaissance. Aircraft sys- 3. All defense articles and services listed in lated elements of logistics support. tem, sensor, and navigational status are pro- this transmittal have been authorized for re- (iv) Military Department: Air Force (X7–D– vided continuously to the ground operators lease and export to the Government of SAI). through a health and status downlink for Japan. (v) Prior Related Cases, if any: None. mission monitoring. Navigation is via iner- (vi) Sales Commission, Fee, etc., Paid, Of- tial navigation with integrated global posi- DEFENSE SECURITY fered, or Agreed to be Paid: None. tioning system (GPS) updates. The vehicle is COOPERATION AGENCY, (vii) Sensitivity of Technology Contained capable of operating from a standard paved Arlington VA, February 10, 2016. in the Defense Article or Defense Services runway. Real time missions are flown under Hon. BOB CORKER, Proposed to be Sold: See Attached Annex. the control of a pilot in a Ground Control (viii) Date Report Delivered to Congress: Chairman, Committee on Foreign Relations, Element (GCE). It is designed to carry a non- February 10, 2016. U.S. Senate, Washington, DC. DEAR MR. CHAIRMAN: Pursuant to the re- *As defined in Section 47(6) of the Arms weapons internal payload of 3,000 lbs con- porting requirements of Section 36(b)(1) of Export Control Act. sisting primarily of sensors and avionics. The following payloads are integrated into the Arms Export Control Act, as amended, POLICY JUSTIFICATION the RQ–4: Enhanced Imagery Sensor Suite we are forwarding herewith Transmittal No. Government of Japan—RQ–4 Block 30 (I) that includes multi-use infrared, electro-op- 15–82, concerning the Department of the Global Hawk Remotely Piloted, Aircraft tical, ground moving target indicator, and Navy’s proposed Letter(s) of Offer and Ac- The Government of Japan has requested a synthetic aperture radar and a space to ac- ceptance to the Kingdom of Saudi Arabia for possible sale of: commodate other sensors such as SIGINT. defense articles and services estimated to Major Defense Equipment (MDE): The RQ–4 will include the GCE, which con- cost $154.9 million. After this letter is deliv- Three (3) RQ–4 Block 30 (I) Global Hawk sists of the following components: ered to your office, we plan to issue a news Remotely Piloted Aircraft with Enhanced In- a. The Mission Control Element (MCE) is release to notify the public of this proposed tegrated Sensor Suite (EISS). the RQ–4 Global Hawk ground control sta- sale. Eight (8) Kearfott Inertial Navigation Sys- tion for mission planning, communication Sincerely, tem/Global Positioning System (INS/GPS) management, aircraft and mission control, J.W. RIXEY, units (2 per aircraft with 2 spares). and image processing and dissemination. It Vice Admiral, USN, Director.

VerDate Sep 11 2014 05:28 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.021 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 25, 2016 CONGRESSIONAL RECORD — SENATE S1051 Enclosures. The proposed sale of this equipment, serv- your office, we plan to issue a news release TRANSMITTAL NO. 15–82 ices, and support will not alter the basic to notify the public of this proposed sale. Notice of Proposed Issuance of Letter of military balance in the region. Sincerely, Offer Pursuant to Section 36(b)(1) of the The prime contractor will be Raytheon J.W. RIXEY, Arms Export Control Act, as amended Missiles Systems of Tucson, Arizona. There Vice Admiral, USN, Director. are no known offset agreements proposed in Enclosures. (i) Prospective, Purchaser: Kingdom of connection with this potential sale. TRANSMITTAL NO. 15–52 Saudi Arabia. (ii) Total Estimated Value: Implementation of this proposed sale will Notice of Proposed Issuance of Letter of Major Defense Equipment* $72.5 million. not require the assignment of any additional Offer Pursuant to Section 36(b)(1) of the Other $82.4 million. U.S. Government or contractor representa- Arms Export Control Act, as amended Total $154.9 million. tives to Saudi Arabia; however, contractor (i) Prospective Purchaser: Government of (iii) Description and Quantity or Quan- engineering and technical services may be Iraq (GoI) tities of Articles or Services under Consider- required on an interim basis for installations (ii) Total Estimated Value: ation for purchase: and integration. Major Defense Equipment* $.550 billion. Major Defense Equipment (MDE): Five (5) There will be no adverse impact on U.S. de- Other: $1.400 billion. MK 15 Phalanx Close-in Weapons System fense readiness as a result of this proposed Total: $1.950 billion. (iii) Description and Quantity or Quan- (CIWS) Block 0 to Block 1B Baseline 2 up- sale. grade kits. tities of Articles or Services under Consider- TRANSMITTAL NO. 15–82 Also included are the following non-MDE ation for Purchase: provides additional weap- items: five (5) local control stations, spare Notice of Proposed Issuance of Letter of ons, munitions, equipment, and logistics sup- and repair parts, upgrade and conversion of Offer Pursuant to Section 36(b)(1) of the port for F–16 aircraft. Major Defense Equipment (MDE) includes: the kits, support and test equipment, per- Arms Export Control Act, as amended Twenty (20) each Joint Helmet Mounted sonnel training and training equipment, pub- Annex Item No. vii Cueing System (JHMCS). lications, software and technical documenta- (vii) Sensitivity of Technology Twenty-four (24) each AIM–9M Sidewinder tion, U.S. Government and contractor engi- 1. The MK 15 CIWS Phalanx Block 1B is a missile. neering, technical and logistics support serv- One hundred and fifty (150) each AGM–65D/ ices, and other related elements of program fast reaction detect-through-engage combat system that provides terminal defense G/H/K Maverick missile. and logistics support. The estimated cost is Fourteen thousand one hundred and twen- against low-flying, high speed, anti-ship mis- $154.9 million. ty (14,120) each 500-lb General Purpose (GP) siles; slow speed general purpose aircraft, (iv) Military Department: Navy (SR–P– bomb body/warhead for use either as helicopters, and small surface craft; and LCR). unguided or guided bombs. Depending on rockets, artillery, and mortars. The system (v) Prior Related Cases, if any: FMS Case: asset availability during case execution, is an automatic, self-contained unit con- SR–P–SAT, 24 Mar 74, $147.8 million total quantity of 14,120 each 500-lb warheads sisting of a search and track radar, digi- (vi) Sales Commission, Fee, etc., Paid, Of- will comprise a mix of MK–82 500-lb warheads talized fire control system, and electro-opti- fered, or Agreed to be paid: None. and/or BLU–111 500-lb warheads from stock cal thermal imager, and a stabilization sys- (vii) Sensitivity of Technology Contained and/or new contract procurement. tem, as well as a 20mm M61A1 gun sub- in the Defense Article or Defense Services Two thousand four hundred (2,400) each system. CIWS Block 0 provides terminal de- Proposed to be Sold: See Attached Annex. 2,000-lb GP bomb body/warheads for use ei- fense capability but is no longer in the U.S. (viii) Date Report Delivered to Congress: ther as unguided or guided bombs. Depending Navy inventory decreasing its sustainability. February 10, 2016. on asset availability during case execution, By comparison, the CIWS Block 1B upgrade *As defined in Section 47(6) of the Arms total quantity of 2,400 each 2,000-lb warheads included in this sale would add surface mode Export Control Act. will comprise a mix of MK–84 2,000-lb war- and enhanced anti-air warfare capabilities. POLICY JUSTIFICATION heads and/or BLU–117 2,000-lb warheads from Kingdom of Saudi Arabia—MK 15 Phalanx a. There is no Critical Program Informa- stock and/or new contract procurement. Close-in Weapons System (CIWS) Block 1B tion associated with the MK 15 CIWS Pha- Eight thousand (8,000) each Laser Guided Baseline 2 Kits lanx hardware, technical documentation, or Bomb (LGB) Paveway II tail kits. Will be software. The highest classification of the The Kingdom of Saudi Arabia has re- combined with 500-lb warheads in the above hardware to be exported is UNCLASSIFIED. quested a sale for the upgrade and conver- entry for MK–82 and/or BLU–111 to build a The highest classification of the technical sion of five (5) MK 15 Phalanx Close-In Weap- GBU–12 guided bomb. documentation to be exported is CONFIDEN- ons System (CIWS) Block 0 systems to the Two hundred and fifty (250) each LGB TIAL. The highest classification of software Block 1B Baseline 2 configuration. The Block Paveway II tail kits. Will be combined with to be exported is UNCLASSIFIED. 0 systems are currently installed on four (4) 2,000-lb warheads in the above entry for MK– 2. If a technologically advanced adversary Royal Saudi Naval Forces (RSNF) Patrol 82 and/or BLU–117 to build a GBU–10 guided were to obtain knowledge of the specific Chaser Missile (PCG) Ships (U.S. origin) in bomb. hardware and software elements, the infor- One hundred and fifty (150) each LGB their Eastern Fleet and one (1) system is lo- mation could be used to develop counter- Paveway III tail kits. Will be combined with cated at its Naval Forces School. Also in- measures which might reduce weapon system 2,000-lb warheads in the above entry for MK– cluded are; five (5) local control stations, effectiveness or be used in the development 82 and/or BLU–117 to build a GBU–24 guided spare and repair parts, support and test of a system with similar or advanced capa- bomb. equipment, personnel training and training bilities. Eight thousand, five hundred (8,500) each equipment, publications, software, and tech- FMU–152 fuzes. Will be used in conjunction nical documentation, U.S. Government and 3. A determination has been made that the recipient country can provide substantially with the LGB tail kits and warheads in the contractor engineering, technical and logis- above entries to build GBU All Up Rounds tics support services, and other related ele- the same degree of protection for the sen- sitive technology being released as the U.S. (AUR’s). Includes provisioning for spare ments of program and logistics support. The FMU–152 fuze units (MDE). total estimated value of MDE is $72.5 mil- Government. This sale is necessary in fur- therance of the U.S. foreign policy and na- Four (4) each WGU 43CD2/B Guidance Con- lion. The overall total estimated value is trol Units. $154.9 million. tional security objectives outlined in the Policy Justification. One (1) each M61 Vulcan Rotary 20mm can- This proposed sale will contribute to the non. foreign policy and national security of the 4. All defense articles and services listed in Six (6) each MK–82 inert bomb. United States by helping to improve the se- this transmittal have been authorized for re- Four (4) each MK–84 inert bomb. curity of a strategic regional partner, which lease and export to Saudi Arabia. Also included are items of significant mili- has been, and continues to be, an important tary equipment (SME), spare and repair force for political stability and economic DEFENSE SECURITY parts, publications, technical documents, progress in the Middle East. This acquisition COOPERATION AGENCY, weapons components, support equipment, will enhance regional stability and maritime Arlington VA, January 15, 2016. personnel training, training equipment, security and support strategic objectives of Hon. BOB CORKER, Aviation Training, Contract Engineering the United States. Chairman, Committee on Foreign Relations, Services, U.S. Government and contractor The proposed sale will provide Saudi Ara- U.S. Senate, Washington, DC. logistics, engineering, and technical support bia with self-defense capabilities for surface DEAR MR. CHAIRMAN: Pursuant to the re- services, as well as other related elements of combatants supporting both national and porting requirements of Section 36(b)(1) of logistics and program support. Additional multi-national naval operations. The sale the Arms Export Control Act, as amended, services provided are Aviation Contract Lo- will extend the life of existing PCG Class we are forwarding herewith Transmittal No. gistics Services including maintenance, sup- ships. Saudi Arabia will use the enhanced ca- 15–52, concerning the Department of the Air ply, component repair/return, tools and man- pability as a deterrent to regional threats Force’s proposed Letter(s) of Offer and Ac- power. This notification also includes Base and to strengthen its homeland defense. ceptance to the Government of Iraq for de- Operations Support Services including con- Saudi Arabia will have no difficulty absorb- fense articles and services estimated to cost struction, outfitting, supply, security, weap- ing this equipment into its armed forces. $1.95 billion. After this letter is delivered to ons, ammunition, vehicles, utilities, power

VerDate Sep 11 2014 05:28 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.024 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S1052 CONGRESSIONAL RECORD — SENATE February 25, 2016 generation, food, water, morale/recreation gistics Services including maintenance, sup- revealing target designation tactics and as- services, aircraft support and total man- ply, component repair/return, tools and man- sociated aircraft maneuvers, the probability power. power. This notification also includes Base of destroying specific/peculiar targets, (iv) Military Department: U.S. Air Force Operations Support Services including con- vulnerabilities regarding countermeasures (YAA). struction, outfitting, supply, security, weap- and the electromagnetic environment is (v) Prior Related Cases, if any: FMS case ons, ammunition, vehicles, utilities, power classified SECRET. SAG–$4.2 billion—13 Dec 2010. FMS case generation, food, water, morale/recreation 4. The AGM–65D/G/H/K Maverick air-to- SAH–$2.3 billion—12 Dec 2011. services, aircraft support and total man- ground missile is SECRET. The SECRET as- (vi) Sales Commission. Fee, etc., Paid, Of- power. The total estimated value of MDE is pects of the Maverick system are tactics, in- fered, or Agreed to be Paid: None. $.550 billion. The total overall estimated formation revealing its vulnerability to (vii) Sensitivity of Technology Contained value is $1,950 billion. countermeasures, and counter-counter- in the Defense Article or Defense Services This proposed sale contributes to the for- measures. Manuals and maintenance have Proposed to be Sold: See Annex attached. eign policy and national security of the portions that are classified CONFIDENTIAL. (viii) Date Report Delivered to Congress: United States by helping to improve the se- Performance and operating logic of the coun- January 15, 2016. curity of a strategic partner. This proposed termeasures circuits are SECRET. *As defined in Section 47(6) of the Arms sale directly supports Iraq and serves the in- 5. The Joint Helmet Mounted Cueing Sys- Export Control Act. terests of the people of Iraq and the United tem (JHMCS) is a modified HGU–55/P helmet POLICY JUSTIFICATION States. that incorporates a visor-projected Heads-Up Iraq previously purchased thirty-six (36) F– Display to cue weapons and aircraft sensors Iraq—F–16 Weapons, Munitions, Equipment, 16 aircraft. Iraq requires these additional to air and ground targets. The hardware is and Logistics Support weapons, munitions, and technical services UNCLASSIFIED. The technical data and The Government of Iraq requested a pos- to maintain the operational capabilities of documents are classified up to SECRET. sible sale of additional weapons, munitions, its aircraft. This proposed sale enables Iraq 6. The PGU–28 20mm High Explosive Incen- equipment, and logistics support for its F–16 to fully maintain and employ its aircraft and diary ammunition is a low-drag round de- aircraft. sustain pilot training to effectively protect signed to reduce in-flight drag and decelera- Major Defense Equipment (MDE) includes: Iraq from current and future threats. tion. It is a semi-armor piercing high explo- Twenty (20) each Joint Helmet Mounted The proposed sale of these additional weap- sive incendiary round. The PGU–27 A/B 20mm Cueing System (JHMCS). ons, munitions, equipment, and support does ammunition is the target practice version of Twenty-four (24) each AIM–9M Sidewinder not alter the basic military balance in the the PGU–28. Both the PGU–27 and the PGU– missile. region. 28 are UNCLASSIFIED. One hundred and fifty (150) each AGM–65D/ The principal vendors are: 7. The M61 20mm Vulcan Rotary Cannon is G/H/K Maverick missile. Lockheed Martin Aeronautics Company, a six-barreled automatic cannon chambered Fourteen thousand one hundred and twen- Fort Worth, Texas. in 20x102mm. This weapon is fixed mounted ty (14,120) each 500-lb General Purpose (GP) Lockheed Martin Simulation, Training and on fighter aircraft and is used for damaging bomb body/warhead for use either as Support, Fort Worth, Texas. and destroying aerial and ground targets. unguided or guided bombs. Raytheon Company, Lexington, Massachu- The cannon and the associated ammunition Depending on asset availability during setts. are UNCLASSIFIED. case execution, total quantity of 14,120 each The Marvin Group, Inglewood, California. 8. The MK–82 and MK84 are 500-lb and 2000- 500-lb warheads will comprise a mix of MK– United Technologies Aerospace Systems, lb general purpose bombs respectively. These 82 500-lb warheads and/or BLU–111 500-lb war- Chelmsford, Massachusetts. blast and fragmentation bombs are designed heads from stock and/or new contract pro- Lockheed Martin Mission Systems and to attack soft and intermediately protected curement. Training, Fort Worth, Texas. targets. The weapons are UNCLASSIFIED. Two thousand four hundred (2,400) each Royal Jordanian Air Academy, Amman, 9. The BLU–111 is a 500-lb bomb and the 2,000-lb GP bomb body/warheads for use ei- Jordan. BLU–117 is a 2,000-lb bomb. Both bombs are Pratt and Whitney, East Hartford, Con- ther as unguided or guided bombs. Depending similar to the MK–84 and are filled with the necticut. on asset availability during case execution, Insensitive Munitions explosive to resist ex- Michael Baker International, Alexandria, total quantity of 2,400 each 2,000-lb warheads ploding in fuel related fires. They are used will comprise a mix of MK–84 2,000-lb war- VA. There are no known offset agreements pro- by the U.S. Navy. The weapons are UNCLAS- heads and/or BLU–117 2,000-lb warheads from SIFIED. stock and/or new contract procurement. posed in connection with this potential sale. Implementation of this proposed sale re- 10. MJU–7 Flares are a magnesium-based Eight thousand (8,000) each Laser Guided quires approximately four hundred (400) U.S. Infrared (IR) countermeasure used for decoy- Bomb (LGB) Paveway II tail kits. Will be Government and contractor personnel to re- ing air-to-air and surface-to-air missiles. The combined with 500-lb warheads in the above side in Iraq through calendar year 2020 as MJU–7 hardware is UNCLASSIFIED. Coun- entry for MK–82 and/or BLU–111 to build part of this sale to establish maintenance termeasure effectiveness information is clas- GBU–12 guided bombs. support, on-the-job maintenance training, sified up to SECRET. Two hundred and fifty (250) each LGB and maintenance advice. 11. RR–170 Chaff is a countermeasure used Paveway II tail kits. Will be combined with There is no adverse impact on U.S. defense to decoy radars and radar-guided missiles. 2,000-lb warheads in the above entry for MK– readiness as a result of this proposed sale. The hardware is UNCLASSIFIED. Counter- 82 and/or BLU–117 to build GBU–10 guided measure effectiveness information is classi- TRANSMITTAL NO. 15–52 bombs. fied up to SECRET. One hundred and fifty (150) each LGB Notice of Proposed Issuance of Letter of 12. Software, hardware, and other data/in- Paveway III tail kits. Will be combined with Offer Pursuant to Section 36(b)(1) of the formation, which is classified or sensitive, is 2,000-lb warheads in the above entry for MK– Arms Export Control Act reviewed prior to release to protect system 82 and/or BLU–117 to build GBU–24 guided Annex Item No. vii vulnerabilities, design data, and performance bombs. (vii) Sensitivity of Technology: parameters. Some end-item hardware, soft- Eight thousand, five hundred (8,500) each 1. This sale sustains sensitive technology ware, and other data identified above are FMU–152 fuzes. Will be used in conjunction previously sold to Iraq. The F–16C/D Block classified at the CONFIDENTIAL and SE- with the LGB tail kits and warheads in the 50/52 weapon system is UNCLASSIFIED, ex- CRET level. Potential compromise of these above entries to build GBU All Up Rounds cept as noted below. The aircraft uses the F– systems is controlled through management (AUR’s). Includes provisioning for spare 16 airframe and features advanced avionics of the basic software programs of highly sen- FMU–152 fuze units (MDE). and systems. It contains the Pratt and Whit- sitive systems and software-controlled weap- Four (4) each WGU–43CD2/B Guidance Con- ney F–100–PW–229 or the General Electric F– on systems on a case-by-case basis. trol Units. 110–GE–129 engine, AN/APG–68V(9) radar, dig- 13. If a technologically advanced adversary One (1) each M61 Vulcan Rotary 20mm can- ital flight control system, internal and ex- were to obtain knowledge of the specific non. ternal electronic warfare equipment, Ad- hardware and software elements, the infor- Six (6) each MK–82 inert bomb. vanced Identification Friend or Foe (IFF) mation could be used to develop counter- Four (4) each MK–84 inert bomb. (without Mode IV), operational flight pro- measures or equivalent systems which might Also included are items of significant mili- gram, and software computer programs. reduce weapon system effectiveness or be tary equipment (SME), spare and repair 2. The AIM–9M–8/9 Sidewinder is a super- used in the development of a system with parts, publications, technical documents, sonic, heat-seeking, air-to-air missile carried similar or advanced capabilities. weapons components, support equipment, by fighter aircraft. The hardware, software, 14. This sale is necessary to further the personnel training, training equipment. and maintenance are classified CONFIDEN- U.S. foreign policy and national security ob- Aviation Training, Contract Engineering TIAL. Pilot training, technical data, and jectives outlined in the Policy Justification. Services, U.S. Government and contractor documentation necessary for performance Moreover, the benefits derived from this logistics, engineering, and technical support and operating information are classified SE- sale, as outlined in the Policy Justification, services, as well as other related elements of CRET. outweigh the potential damage that could logistics and program support. Additional 3. The Paveway II/III (GBU–10/12/24) weapon result if the sensitive technology were re- services provided are Aviation Contract Lo- is classified CONFIDENTIAL. Information vealed to unauthorized persons.

VerDate Sep 11 2014 02:54 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.026 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 25, 2016 CONGRESSIONAL RECORD — SENATE S1053 15. All defense articles and services listed and other allies. Oman will have no dif- your office, we plan to issue a news release in this transmittal have been authorized for ficulty absorbing these missiles into its to notify the public of this proposed sale. release and export to the Government of armed forces. Sincerely, Iraq. The proposed sale of this equipment and J.W. RIXEY, support will not alter the basic military bal- Vice Admiral, USN, Director. DEFENSE SECURITY ance in the region. Enclosures. COOPERATION AGENCY, The principal contractor will be Raytheon TRANSMITTAL NO. 15–64 Arlington, VA, January 6, 2016. Missile Systems, Tucson, Arizona. Notice of Proposed Issuance of Letter of Hon. BOB CORKER, There are no known offset agreements pro- Offer Pursuant to Section 36(b)(1) of the Chairman, Committee on Foreign Relations, posed in connection with this potential sale. Arms Export Control Act, as amended U.S. Senate, Washington, DC. Implementation of this proposed sale will (i) Prospective Purchaser: Government of DEAR MR. CHAIRMAN: Pursuant to the re- require the U.S. Government or contractor Iraq. porting requirements of Section 36(b)(1) of representatives to travel to Oman for mul- (ii) Total Estimated Value: the Arms Export Control Act, as amended, tiple periods for equipment de-processing/ Major Defense Equipment* $750 million. we are forwarding herewith Transmittal No. fielding, system checkout and new equip- Other: $50 million. 15–65, concerning the Department of the ment training. There will be no more than Total: $800 million. Army’s proposed Letter(s) of Offer and Ac- three (3) contractor personnel in Oman at (iii) Description and Quantity or Quan- ceptance to the Government of Oman for de- any one time and all efforts will lake less tities of Articles and Services under Consid- fense articles and services estimated to cost than fourteen (14) weeks in total. eration for Purchase: $51 million. After this letter is delivered to There will be no adverse impact on U.S. de- Major Defense Equipment (MDE): your office, we plan to issue a news release fense readiness as a result of this proposed Five thousand (5,000) AGM–114K/N/R to notify the public of this proposed sale. sale. Hellfire missiles. Ten (10) 114K M36E9 Captive Air Training Sincerely, TRANSMITTAL NO. 15–65 J.W. RIXEY Missiles. Vice Admiral, USN, Director. Notice of Proposed Issuance of Letter of Non-MDE included with this request are Enclosures. Offer Pursuant to Section 36(b)(1) of the Hellfire missile conversion; blast fragmenta- Arms Export Control Act, as amended tion sleeves and installation kits; con- TRANSMITTAL NO. 15–65 Annex Item No. vii tainers; transportation; spare and repair Notice of Proposed Issuance of Letter of (vii) Sensitivity of Technology: parts; support equipment; personnel training Offer Pursuant to Section 36(b)(1) of the and training equipment; publications and Arms Export Control Act, as amended 1. The Radio Frequency (RF) Tube- launched Optically-tracked Wire guided technical documentation; U.S. Government- (i) Prospective Purchaser: Government of (TOW) 2B Aero Missile (BGM–7IF–3–RF) is a provided and contractor-provided technical, Oman. fly-over, shoot-down version with the actual engineering, and logistics support services; (ii) Total Estimated Value: missile flight path offset above the gunner’s and other related elements of logistics and Major Defense Equipment* $51 million. aim point. The TOW 2B flies over the target program support. Other: $0 million. and uses a laser profilometer and magnetic (iv) Military Department: U.S. Army Total: $51 million. sensor to detect and fire two downward-di- (UBW). (iii) Description and Quantity or Quan- (v) Prior Related Cases, if any: rected, explosively-formed penetrator war- tities of Articles or Services under Consider- IQ–B–UBF, Basic/LOA Value: $40.6M/LOA heads inio the target. The TOW 2B has a ation for Purchase: Implementation Date: 27 FEB 14. range of 200 to 3750m. A Radio Frequency Major Defense Equipment (MDE): IQ–B–UBF, A1/LOA Value: $57.8M/LOA Im- (RF) Data link, replaced the traditional TOW Four hundred (400) Tube-launched Opti- plementation Date: 16 JUN 14. wire guidance link in all new production cally-tracked wire guided (TOW) 2B Aero, IQ–B–UBQ, Basic/LOA Value: $68.3M/LOA variants of the TOW beginning in FY 07. No Radio Frequency (RF) Missiles (BGM–71F–3– Implementation Date: 29 SEP 14. RF TOW AERO technical data will be re- RF). IQ–B–UCI, Basic/LOA Value: $49.3M/LOA leased during program development without Seven (7) TOW 2B Aero, RF Missile (BGM– Implementation Date: 24 DEC 14. prior approval from the Office of the Deputy 71F–3–RF) Fly-to-Buy Missiles. IQ–B–UCX, Basic/LOA Value: $62.6M/LOA Assistant Secretary of the Army for Defense (iv) Military Department: U.S. Army Implementation Date: 11 JUN 15. Exports and Cooperation. The hardware for (UKP). IQ–B–UHC, Basic/LOA Value: $45.7M/LOA the TOW 2B is UNCLASSIFIED. Software for (v) Prior Related Cases, if any: FMS Case Implementation Date: 10 AUG 15. performance data, lethality penetration and IQ–B–UHK, Basic/LOA Value: $56.5M/LOA UKC–$16.8B–05 Mar 15. sensors are classified SECRET. Implementation Date: 05 OCT 15. (vi) Sales Commission, Fee, etc., Paid, Of- 2. If a technologically advanced adversary IQ–B–UBL, A1/LOA Value: $53.4M/LOA Im- fered, or Agreed to be Paid: None. plementation Date: 26 JUN 14. (vii) Sensitivity of Technology Contained were to obtain knowledge of the specific hardware and software elements, the infor- (vi) Sales Commission, Fee, etc. Paid. Of- in the Defense Article or Defense Services fered, or Agreed to be Paid: None. Proposed to be Sold: See Attached Annex. mation could be used to develop counter- measures that might reduce weapon system (vii) Sensitivity of Technology Contained (viii) Date Report Delivered to Congress: in the Defense Article or Defense Services January 6, 2016. effectiveness or be used in the development of a system with similar or advanced capa- Proposed to be Sold: See Attached Annex. *As defined in Section 47(6) of the Arms (viii) Date Report Delivered to Congress: Export Control Act. bilities. 3. A determination has been made that the January 6, 2016. POLICY JUSTIFICATION recipient country can provide substantially *As defined in Section 47(6) of the Arms Government of Oman—TOW 2B Missiles the same degree of protection for the sen- Export Control Act (AECA). The Government of Oman has requested a sitive technology being released as the U.S. POLICY JUSTIFICATION possible sale of: Government. This sale is necessary in fur- The Government of Iraq—Hellfire Missiles Major Defense Equipment (MDE): therance of (he U.S. foreign policy and na- and Captive Air Training Missiles Four hundred (400) Tube-launched Opti- tional security objectives outlined in the The Government of Iraq has requested a cally-tracked wire guided (TOW) 2B Aero, Policy Justification. possible sale of five thousand (5,000) AGM– Radio Frequency (RF) Missiles (BGM–71F–3– 4. All defense articles and services listed in 114K/N/R Hellfire missiles; Ten (10) 114K RF). this transmittal have been authorized for re- M36E9 Captive Air Training Missiles; associ- Seven (7) TOW 2B Aero, RF Missile (BGM– lease and export to the Government of ated equipment; and defense services. The es- 71F–3–RF) Fly-to-Buy Missiles. Oman. timated major defense equipment (MDE) The estimated value of MDE is $51 million. value is $750 million. The total estimated The total estimated cost of this effort is $51 DEFENSE SECURITY value is $800 million. million. COOPERATION AGENCY, The proposed sale will contribute to the This proposed sale will contribute to the Arlington, VA, January 6, 2016. foreign policy and national security goals of foreign policy and national security of the Hon. BOB CORKER, the United States by helping to improve a United States by helping to improve the se- Chairman, Committee on Foreign Relations, critical capability of the Iraq Security curity of a friendly country which has been, U.S. Senate, Washington, DC. Forces in defeating the Islamic State of Iraq and continues to be, an important force for DEAR MR. CHAIRMAN: Pursuant to the re- and the Levant (ISIL). political stability and economic progress in porting requirements of Section 36(b)(1) of Iraq will use the Hellfire missiles to im- the Middle East. the Arms Export Control Act, as amended, prove the Iraq Security Forces’ capability to The proposed sale of the TOW 2B Missiles we are forwarding herewith Transmittal No. support ongoing combat operations. Iraq will and technical support will advance Oman’s 15–64, concerning the Department of the also use this capability in future contin- efforts to develop an integrated ground de- Army’s proposed Letter(s) of Offer and Ac- gency operations. Iraq, which already has fense capability. Oman will use this capa- ceptance to the Government of Iraq for de- Hellfire missiles, will face no difficulty ab- bility to strengthen its homeland defense fense articles and services estimated to cost sorbing these additional missiles into its and enhance interoperability with the U.S. $800 million. After this letter is delivered to armed forces.

VerDate Sep 11 2014 05:28 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.028 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S1054 CONGRESSIONAL RECORD — SENATE February 25, 2016 The proposed sale of this equipment and BLACK HISTORY MONTH million children, including 19,000 in support will not alter the basic military bal- Ms. MIKULSKI. Mr. President, in Maryland, get ready for school. That is ance in the region. honor of the rich cultural heritage of why I pushed to fund early education The principal contractor will be Lockheed to help States implement high quality Martin Corporation in Bethesda, Maryland. the African-American community in There are no known offset agreements pro- Maryland and in memory of all the preschool programs and Head Start posed in connection with this potential sale. freedom fighters across the Nation, programs. That means college that is Implementation of this proposed sale will past and present, I am celebrating affordable and accessible. It is why I not require any additional U.S. Government Black History Month by reexamining am fighting to simplify the application or contractor representatives in Iraq. what this country still needs to do to for student aid and expand Pell grants There will be no adverse impact on U.S. de- guarantee that African Americans are to make sure that students can pay for fense readiness as a result of this proposed books next semester or rent next sale. not left behind when it comes to the issues that matter. month. We fought for the American Op- TRANSMITTAL NO. 15–64 We are living right now in a world portunity Tax Credit so that parents Notice of Proposed Issuance of Letter of that is fighting for change on many could get a tax break for sending their Offer Pursuant to Section 36(b)(1) of the Arms Export Control Act, as amended levels, from social unrest in our cities, kids to college—because a college edu- to expansive international crises. cation is part of the American dream, Annex Item No. vii While the news may seem grim, there not part of a financial nightmare. (vii) Sensitivity of Technology: is also inspiration every day around We look to our community and na- The Hellfire Missile is primarily an air-to- tional leaders, like the NAACP, surface missile with a multi-mission, multi- the world as people come together to target, precision-strike capability. The bring about the peaceful change that headquartered in Baltimore, to con- Hellfire can be launched from multiple air they are fighting for. There are peace- tinue to lead the fight for equal rights. platforms and is the primary precision weap- ful protests for great social change, the We look to our strong leaders in Mary- on for the United States. next generation is volunteering and land, like Freeman Hrabowski, the The Captive Air Training Missile (CATM) giving hope to their communities, and president of the University of Mary- is a training missile (Non-NATO) that con- educational opportunities continue to land, Baltimore County, and Rep- sists of a functional guidance section cou- grow for our youth around the world. resentative ELIJAH CUMMINGS, fighting pled to an inert missile bus. The missile has Reflecting on where we have been an operational semi-active laser seeker that tooth and nail every day for the citi- can search for and lock-on to laser-des- and where we are going, I recognize the zens of Maryland’s Seventh Congres- ignated targets for pilot training, but it does immeasurable impact that Maryland sional District. not have a warhead or propulsion section and African Americans have made to our With people like this to look up to, cannot be launched. culture and to the fight for equal we are reminded of the abiding truth The highest level of classified information rights for all. Benjamin Banneker, born that each of us has the power to create that could be disclosed by a proposed sale or in Catonsville, made scientific strides a better world for ourselves and our by testing of the end item is SECRET. Infor- to help us understand the mysteries of children. So the battle is enjoined. As mation required for maintenance or training nature. Harriet Tubman and Reverend the great Martin Luther King, Jr., said, is CONFIDENTIAL. Vulnerability data, Josiah Henson each led slaves to free- countermeasures, vulnerability/suscepti- ‘‘Change does not roll in on the wheels bility analyses, and threat definitions are dom through the Underground Railroad of inevitability, but comes through classified SECRET or CONFIDENTIAL. Re- running through Maryland, defying the continuous struggle. And so we must lease of detailed information to include dis- law and fighting for what was right. straighten our backs and work for our cussions, reports and studies of system capa- Isaac Myers became a labor leader, the freedom.’’ This is not about the past, bilities, vulnerabilities and limitations that first president of the Colored National and it is not only about the present, lead to conclusions on specific tactics or Labor Union, and a cofounder of a co- but it is also about the future. other counter countermeasures (CCM) is not operative shipyard and railway to pro- I thank so many people and organiza- authorized for disclosure. vide African Americans with employ- If a technologically advanced adversary tions around the Nation and in Mary- were to obtain knowledge of the specific ment opportunities in Baltimore. Fred- land for all they do every day for our hardware and software elements, the infor- erick Douglass was a dedicated and future. Remember, each of us can make mation could be used to develop counter- prolific civil rights activist and author. a difference, but together we can make measures that might reduce system effec- Explorer Matthew Henson co-discov- change. tiveness or be used in the development of a ered the North Pole and traversed the Mr. SCOTT. Mr. President, as we cel- system with similar or advanced capabili- ends of the earth. ebrate Black History Month, we re- ties. We certainly will never forget the es- member so many trailblazers. From A determination has been made that the teemed Supreme Court Justice William Flora’s heroism during the Government of Iraq can provide substan- tially the same degree of protection as the Thurgood Marshall, the first African- American Revolution, to Frederick U.S. Government for the information pro- American Justice on the Court, who Douglass and Harriet Tubman, Rosa posed for release. protected and fought for our rights to Parks and Dr. Martin Luther King, the f life, liberty, and the pursuit of happi- contributions of Black Americans ness. He fought for desegregation throughout our Nation’s history are REMEMBERING JUSTICE ANTONIN through the law throughout his long great. But they are not limited to the SCALIA career, in particular arguing the Brown names and stories we all know—every Mrs. BOXER. Mr. President, I want v. Board of Education case in front of family has their legend, their to express my deepest sympathies to the Supreme Court, on behalf of Afri- groundbreaker. the Scalia family. can-American schoolchildren across Growing up in North Charleston, SC, Justice Scalia was first and foremost the U.S. my granddaddy, Artis Ware, was my a family man, beloved by his wife, 9 We honor those who came before us hero. He passed away last month at the children, and 36 grandchildren. by continuing to fight for justice and age of 94, leaving our family saddened Since 1986 he had served on the high- equality today. That means the right by his loss, but truly blessed by his est court in our land. He inspired deep laws, and it means the right education. life. I wanted to take this opportunity loyalty among his many friends and his That means fighting for economic jus- to share what my granddaddy meant to current and former clerks, who remem- tice, social justice, and criminal jus- us, and how his legacy shows the true ber him for his sharp wit and intellect. tice. We know that the best weapons meaning of Proverbs 13:22—‘‘A good He was clearly a man who rose above against economic injustice is a good man leaves an inheritance to his chil- ideological differences with his col- education. That is why I am fighting dren’s children.’’ leagues to forge deep friendships on the for public schools that families can My granddaddy was born in 1921 in Court. That is a credit to him. count on because the quality of edu- Salley, SC. He grew up picking cotton While I may have disagreed with him cation your kids receive shouldn’t de- and left school after the third grade. on matters of law and policy, we are pend on the zip code you live in. That He did not let the lack of a formal edu- united as Americans in sharing our is why I fought and continue to fight cation hold him back though, and as he condolences. for early child care, which helps 1.5 grew up, he moved to North Charleston

VerDate Sep 11 2014 02:54 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.035 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 25, 2016 CONGRESSIONAL RECORD — SENATE S1055 and eventually secured a job with the fact, there was no road linking the con- cess to health care. After the medical South Carolina Ports Authority. tiguous United States to Alaska center’s closing, Ms. Miller coura- As a young kid, this was the grand- through Canada. We were isolated. geously decided to keep Flying ICU’s daddy I knew, not one that let his cir- We think of construction projects Tonopah location, changing the organi- cumstances hold him back or let his today, the many tools and machines zation to an emergency medical serv- frustrations overtake his love for his our hard-working crews have at their ice, which treats and transports pa- family. After my parents’ divorce, my disposal. But back then, many of those tients by plane while traveling to the mom, my brother, and I all moved into technologies and advancements didn’t closest hospital in Las Vegas or Reno. my grandparents’ house—about 800 or exist, making this enormous under- This service currently is the only re- 900 square feet and one bathroom. The taking all the more daunting. Worse source in the region for the critically three of us shared a bedroom—and were still, the machinery that was available ill and injured to receive lifesaving happy to do so. was often given to the all-White units, care. What I remember most about my leaving the African-American Ms. Miller also took the initiative to granddaddy from this time was, on so servicemembers ill-equipped. Nonethe- relocate a second plane to Tonopah and many mornings, he would sit down at less, the men of the African-American increase staff with additional critical the kitchen table, have a cup of coffee, Army Engineers labored on under ex- care nurses, paramedics, and pilots to and leaf through the newspaper. He treme weather conditions, creating a provide greater services to the local wanted us to see him reading, rein- roughly 1,700 mile cross-continental community. In order to minimize the forcing the importance of doing well in corridor in a mere 8 months. amount of time that Tonopah’s flight school. It wasn’t until years later that The project, too, came at a time crews were away from the Tonopah sta- I learned he couldn’t read. when our Nation was under imminent tion, Ms. Miller organized additional My cousin also loves to tell the story threat in the Pacific, just 2 months Flying ICU flight crews on standby at of how granddaddy would wake up to after the attack on Pearl Harbor. Our Nevada airports to allow patients to be do the laundry at 4 a.m. and make sure country needed to get supplies and sol- further transported by the standby everyone else got up and started work- diers to the furthest stretches of U.S. crew, allowing the flight crew to return ing as well. That work ethic and dedi- territory. Without the ALCAN, Alaska to the station in a timely manner. Ms. cation started to funnel down through would not be the cornerstone of our na- Miller’s work on this organization is the rest of our family and showed us all tional defense in the Pacific and the one of a kind, and I am thankful for the importance of hard work. Arctic, nor the prosperous land of op- her work in saving the lives of Nevad- Granddaddy’s messages worked—my portunity we see today. ans. Her decision to step up to the brother recently retired as a command For these enormous contributions plate and provide the Tonopah commu- sergeant major after 30 years in the and for their selfless service to our nity many medical resources it would Army, my cousin is a preacher in country, we thank the thousands of Af- otherwise be without remains invalu- North Charleston, and I eventually got rican-American servicemembers who able for our State. my own act together as well. My neph- for too long were dismissed and over- ew, grandaddy’s great-grandson, has looked. Today Flying ICU’s services reach earned his undergrad from Georgia f across the State, saving lives with four Tech, his master’s at Duke, and is now aircraft, a hangar at McCarran Inter- headed to medical school at Emory. ADDITIONAL STATEMENTS national Airport, and operation bases That is the power of a strong role in Las Vegas and Tonopah. The organi- model, someone who knows there is a TRIBUTE TO DONNA MILLER zation employs over 50 medical and better future out there for his family. aviation professionals to help those in In my granddaddy’s lifetime, our fam- ∑ Mr. HELLER. Mr. President, today I need. Flying ICU’s reputation of safe ily went from cotton to Congress, and wish to recognize an individual who and quality care is well deserved. has gone above and beyond to save I could never even pretend to thank In 2014, Ms. Miller was elected as the him enough. He was the rock for our lives in the State of Nevada, Donna Miller. Ms. Miller’s drive to provide a president of the Nevada Nurses Asso- family—our trailblazer. ciation, district Three. She has re- f dependable health care option to the people of Tonopah is commendable. Her ceived many awards for her actions, in- CONTRIBUTIONS OF AFRICAN- actions warrant only the greatest grat- cluding being recognized as Ambas- AMERICAN ARMY ENGINEERS TO itude and recognition, and I am proud sador for Peace by the International THE STATE OF ALASKA to honor her for her invaluable work Women’s Federation for World Peace in Mr. SULLIVAN. Mr. President, today for people across the Silver State. 2014, SBA’s Nevada Woman-Owned I wish to recognize the immense con- Ms. Miller was born in Romania and Business of the Year Award in 2014, the tributions of the African-American immigrated to the United States in 2014 Women of Distinction Awards—En- community to my State of Alaska and 1991. In 1996, she graduated from nurs- trepreneur of the Year, and as one of to our great Nation. ing school and moved to Las Vegas 3 Las Vegas’s 2015 Top 100 Women of In- I want to highlight in particular a years later. She obtained her flight fluence. These accolades are given only contingent of troops, members of the nurse wings in 2001, beginning her ca- to those who have done extraordinary African-American Army Engineers, reer caring for others. In 2002, she acts to earn them, and Ms. Miller with- who were stationed in Alaska during helped found Life Guard International out a doubt deserves each one. Nevada World War II, hundreds of men who Air Ambulance, and in 2007, she reorga- is fortunate to have someone like Ms. served our Nation at a time when their nized it into Life Guard International— Miller representing our State. She is a basic human rights were being denied, Flying ICU, Flying ICU. This incredible shining example of selflessness for my- some 6 years before the military was organization serves as a flying inten- self and others. desegregated. In spite of that des- sive care unit, transporting critically Ms. Miller has demonstrated an un- picable injustice, they exhibited a ill and injured patients from one hos- wavering commitment to our State, great love for this country, even a will- pital to another that offers more re- saving lives and providing care to Ne- ingness to die for this country. sources in a different location. vadans in need. Her drive to help those These soldiers were stationed in Beginning in 2009, Flying ICU served around her is inspiring, and I thank her Alaska among several regiments as- as a necessary resource to the Tonopah for all of her hard work. I ask my col- signed to build the ALCAN—Alaska- community, transporting all ill and in- leagues and all Nevadans to join me in Canada—Highway. For a State as big jured patients from the Nye Regional thanking Ms. Miller for her many con- and diverse as Alaska, infrastructure is Medical Center to facilities in Las tributions to our State. I wish her well critically important to the well-being Vegas and Reno. Unfortunately, last as she continues her efforts to help of our communities. And in the 1940s, fall, the Nye Regional Medical Center those in need and in servicing the city infrastructure assets—roads, bridges, closed its doors, leaving this rural com- of Tonopah and those across central ports—were few and far between. In munity with a devastating lack of ac- Nevada.∑

VerDate Sep 11 2014 05:28 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.046 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S1056 CONGRESSIONAL RECORD — SENATE February 25, 2016 TRIBUTE TO JENNIFER SPROUT tural & Mechanical College. Upon grad- MESSAGES FROM THE HOUSE ∑ Mr. HELLER. Mr. President, today I uation, Dr. Hayling served in the U.S. At 10:47 a.m., a message from the wish to congratulate Jennifer Sprout Air Force. Dr. Hayling went on to re- House of Representatives, delivered by on her retirement after serving as CEO ceive his degree in dentistry from Mrs. Cole, one of its reading clerks, an- of the Elko Area Chamber of Com- Meharry Medical College and became nounced that the House has passed the merce for 6 years. It gives me great the first African-American dentist in following bill, without amendment: pleasure to recognize her years of serv- Florida to be elected to the local, re- S. 238. An act to amend title 18, United ice to the city of Elko’s business com- gional, State, and national components States Code, to authorize the Director of the munity. of the American Dental Association. Bureau of Prisons to issue oleoresin cap- Throughout his years as a commu- sicum spray to officers and employees of the Ms. Sprout grew up in California and Bureau of Prisons. moved to Elko when she was 19 years nity leader and civil rights activist in The message also announced that the old. Prior to working for the chamber, St. Augustine, Dr. Hayling faced nu- House has passed the following bills, in she served as account manager and merous threats, hate speech, and bru- which it requests the concurrence of general manager for Holiday Broad- tal violence at the hands of the Ku the Senate: casting of Elko. In 2009, Ms. Sprout ac- Klux Klan. Nevertheless, Dr. Hayling persevered in his resolve for racial H.R. 812. An act to provide for Indian trust cepted the position of CEO at the Elko asset management reform, and for other pur- Area Chamber of Commerce. As CEO, equality and is widely recognized as a father of the St. Augustine civil rights poses. she served as a powerful voice for Elko H.R. 1475. An act to authorize a Wall of Re- businesses, working to bring awareness movement. During a time of wide- membrance as part of the Korean War Vet- to issues affecting this community. spread racial divide, Dr. Hayling served erans Memorial and to allow certain private She also spearheaded efforts to grow as an adviser to the youth council of contributions to fund that Wall of Remem- the National Association for the Ad- brance. outside recognition of the resources H.R. 2880. An act to redesignate the Martin the city has to offer and provided op- vancement of Colored People and as head of the St. Augustine chapter of Luther King, Junior, National Historic Site portunities for business leaders to in the State of Georgia, and for other pur- come together. The city of Elko is rec- the Southern Christian Leadership poses. ognized as a tourist destination and Conference, the national organization H.R. 3004. An act to amend the Gullah/ economic hub for the northeastern part of which Dr. Martin Luther King, Jr., Geechee Cultural Heritage Act to extend the of Nevada, due in part to Ms. Sprout’s was president. authorization for the Gullah/Geechee Cul- tural Heritage Corridor Commission. hard work and unwavering dedication Dr. Hayling is the recipient of var- ious honors and awards, including the H.R. 3371. An act to adjust the boundary of to growing the community. To say she the Kennesaw Mountain National Battlefield has had a positive impact on the city of Order of La Florida and the de Aviles Park to include the Wallis House and Elko would be an understatement. The award which honors citizens that have Harriston Hill, and for other purposes. strong foundation she has built dedicated themselves to the commu- H.R. 3620. An act to amend the Delaware throughout her tenure will be felt for nity of St. Augustine. Scott Street in Water Gap National Recreation Area Im- St. Augustine has been renamed Dr. provement Act to provide access to certain years to come. vehicles serving residents of municipalities The Elko Area Chamber of Commerce Robert B. Hayling Place in his honor. Dr. Hayling was inducted into the adjacent to the Delaware Water Gap Na- was established on April 1, 1907, to sup- tional Recreation Area, and for other pur- port the local business community and Florida Civil Rights Hall of Fame and poses. promote the city of Elko. Today the received a certificate of recognition by ENROLLED BILLS SIGNED chamber has over 700 businesses rep- St. Augustine’s mayor. Even his old The President pro tempore (Mr. resented through various members. dental office became the first civil HATCH) announced that on today, Feb- This incredible organization has helped rights museum in Florida. Further, ruary 25, 2016, he has signed the fol- businesses through times of economic State Senator Tony Hill sponsored the lowing enrolled bills, which were pre- downturn and recovery to stay on their Dr. Robert B. Hayling Award of Valor, viously signed by the Speaker of the feet and succeed. Through the incred- which is presented to civil rights he- House: ible work of the Elko Area Chamber of roes, and a bronze plaque testifying to H.R. 487. An act to allow the Miami Tribe Commerce, Elko’s business community Dr. Hayling’s contributions hangs in of Oklahoma to lease or transfer certain continues to thrive and maintain a the lobby of the Florida State Capitol. lands. high quality of life for residents. The I would like to take this opportunity H.R. 890. An act to revise the boundaries of to recognize and thank Dr. Robert B. certain John H. Chafee Coastal Barrier Re- city of Elko is fortunate to have had sources System units in Florida. someone like Ms. Sprout leading the Hayling for his commitment, achieve- ments, and dedication in advancing the H.R. 3262. An act to provide for the convey- way at this important chamber. ance of land of the Illiana Health Care Sys- Ms. Sprout has demonstrated profes- cause of racial equality and civil rights tem of the Department of Veterans Affairs in sionalism, commitment to excellence, on both a national and State level. Danville, Illinois. and dedication to the highest standards I offer my heartfelt condolences to H.R. 4056. An act to direct the Secretary of during her tenure at the Elko Area the family, friends, and loved ones of Veterans Affairs to convey to the Florida Dr. Robert B. Hayling.∑ Department of Veterans Affairs all right, Chamber of Commerce. I am both hum- title, and interest of the United States to the bled and honored by her service and am f property known as ‘‘The Community Living proud to call her a fellow Nevadan. Center’’ at the Lake Baldwin Veterans Af- Today I ask all of my colleagues to MESSAGES FROM THE PRESIDENT fairs Outpatient Clinic, Orlando, Florida. join me in congratulating Ms. Sprout H.R. 4437. An act to extend the deadline for Messages from the President of the the submittal of the final report required by on her retirement from the chamber United States were communicated to and in wishing her well at her new po- the Commission on Care. the Senate by Mr. Pate, one of his sec- ENROLLED BILL SIGNED sition with Design Concepts. I give my retaries. deepest appreciation for all that she At 12:09 p.m., a message from the House of Representatives, delivered by has done for the city of Elko.∑ f Mrs. Cole, one of its reading clerks, an- f EXECUTIVE MESSAGES REFERRED nounced that the Speaker has signed the following enrolled bill: REMEMBERING DR. ROBERT B. As in executive session the Presiding HAYLING S. 2109. An act to direct the Administrator Officer laid before the Senate messages of the Federal Emergency Management ∑ Mr. NELSON. Mr. President, today I from the President of the United Agency to develop an integrated plan to re- wish to honor the achievements of Dr. States submitting sundry nominations duce administrative costs under the Robert Robert B. Hayling, a civil rights leader which were referred to the appropriate T. Stafford Disaster Relief and Emergency in Florida who passed away on Decem- committees. Assistance Act, and for other purposes. ber 20, 2015, at the age of 86. (The messages received today are The enrolled bill was subsequently Dr. Hayling was born in Tallahassee printed at the end of the Senate pro- signed by the President pro tempore and graduated from Florida Agricul- ceedings.) (Mr. HATCH).

VerDate Sep 11 2014 05:28 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G25FE6.031 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 25, 2016 CONGRESSIONAL RECORD — SENATE S1057 MEASURES REFERRED By Mr. FLAKE (for himself and Mr. S. 2595. A bill to amend the Internal Rev- The following bills were read the first MCCAIN): enue Code of 1986 to permanently extend the S. 2585. A bill to establish an airspace man- railroad track maintenance credit; to the and the second times by unanimous agement advisory committee; to the Com- Committee on Finance. consent, and referred as indicated: mittee on Commerce, Science, and Transpor- By Mr. HELLER (for himself and Mr. H.R. 2880. An act to redesignate the Martin tation. TESTER): Luther King, Junior, National Historic Site By Mr. CARDIN: S. 2596. A bill to amend title 10, United in the State of Georgia, and for other pur- S. 2586. A bill to require States to report States Code, to permit veterans who have a poses; to the Committee on Energy and Nat- elevated blood lead levels to the Centers for service-connected, permanent disability ural Resources. Disease Control and Prevention; to the Com- rated as total to travel on military aircraft H.R. 3004. An act to amend the Gullah/ mittee on Health, Education, Labor, and in the same manner and to the same extent Geechee Cultural Heritage Act to extend the Pensions. as retired members of the Armed Forces en- authorization for the Gullah/Geechee Cul- By Mr. CARDIN (for himself and Mr. titled to such travel; to the Committee on tural Heritage Corridor Commission; to the DURBIN): Armed Services. Committee on Energy and Natural Re- S. 2587. A bill to amend the Safe Drinking By Mr. BROWN (for himself and Ms. sources. Water Act to require the Administrator of COLLINS): H.R. 3371. An act to adjust the boundary of the Environmental Protection Agency to S. 2597. A bill to amend title XVIII of the the Kennesaw Mountain National Battlefield promulgate regulations to improve report- Social Security Act to provide for treatment Park to include the Wallis House and ing, testing, and monitoring related to lead of clinical psychologists as physicians for Harriston Hill, and for other purposes; to the and copper levels in drinking water; to the purposes of furnishing clinical psychologist Committee on Energy and Natural Re- Committee on Environment and Public services under the Medicare program; to the sources. Works. Committee on Finance. H.R. 3620. An act to amend the Delaware By Mr. CARDIN (for himself and Mrs. By Ms. WARREN (for herself and Mr. Water Gap National Recreation Area Im- BOXER): MCCAIN): provement Act to provide access to certain S. 2588. A bill to provide grants to eligible S. 2598. A bill to require the Secretary of vehicles serving residents of municipalities entities to reduce lead in drinking water; to the Treasury to mint coins in recognition of adjacent to the Delaware Water Gap Na- the Committee on Environment and Public the 60th anniversary of the Naismith Memo- tional Recreation Area, and for other pur- Works. rial Basketball Hall of Fame; to the Com- poses; to the Committee on Energy and Nat- By Mr. JOHNSON: mittee on Banking, Housing, and Urban Af- S. 2589. A bill to require the Secretary of ural Resources. fairs. State to submit to Congress an unclassified By Mr. DURBIN (for Mrs. MCCASKILL): f notice before the transfer of any individual S. 2599. A bill to prohibit unfair and decep- detained at United States Naval Station, ENROLLED BILL PRESENTED tive advertising of hotel room rates, and for Guantanamo Bay, Cuba, to the custody or other purposes; to the Committee on Com- The Secretary of the Senate reported control of the individual’s country of origin, merce, Science, and Transportation. that on today, February 25, 2016, she any other foreign country, or any other for- By Mr. LEE (for himself, Mr. CRUZ, Mr. had presented to the President of the eign entity, and for other purposes; to the RUBIO, Mr. SASSE, and Mr. CASSIDY): Committee on Foreign Relations. United States the following enrolled S. 2600. A bill to amend the Military Selec- By Ms. STABENOW (for herself and bill: tive Service Act to provide that any modi- ETERS): S. 2109. An act to direct the Administrator Mr. P S. 2590. A bill to amend title XXI of the So- fication to the duty to register for purposes of the Federal Emergency Management cial Security Act to improve access to, and of the Military Selective Service Act may be Agency to develop an integrated plan to re- the delivery of, children’s health services made only through an Act of Congress, and duce administrative costs under the Robert through school-based health centers, and for for other purposes; to the Committee on T. Stafford Disaster Relief and Emergency other purposes; to the Committee on Fi- Armed Services. Assistance Act, and for other purposes. nance. By Mr. KIRK: f By Ms. BALDWIN: S. 2601. A bill to direct the Secretary of S. 2591. A bill to strengthen incentives and Veterans Affairs to disclose certain informa- INTRODUCTION OF BILLS AND protections for whistleblowers in the finan- tion to State controlled substance moni- JOINT RESOLUTIONS cial industry and related regulatory agen- toring programs; to the Committee on Vet- The following bills and joint resolu- cies, and for other purposes; to the Com- erans’ Affairs. tions were introduced, read the first mittee on Banking, Housing, and Urban Af- By Mr. LEE (for himself, Mr. CORNYN, fairs. Mr. COTTON, Mr. CRUZ, Mr. PAUL, Mr. and second times by unanimous con- RUBIO, Mr. TILLIS, and Mr. SASSE): sent, and referred as indicated: By Mr. MERKLEY (for himself, Mr. DURBIN, Mr. BLUMENTHAL, Mr. S. 2602. A bill to prohibit the Federal Com- By Mr. BARRASSO: MENENDEZ, and Mr. SCHUMER): munications Commission from reclassifying S. 2580. A bill to establish the Indian Edu- S. 2592. A bill to amend the Fair Credit Re- broadband Internet access service as a tele- cation Agency to streamline the administra- porting Act by instituting a 180-day waiting communications service and from imposing tion of Indian education, and for other pur- period before medical debt will be reported certain regulations on providers of such serv- poses; to the Committee on Indian Affairs. on a consumer’s credit report and removing ice; to the Committee on Commerce, By Mr. BURR: paid-off and settled medical debts from cred- Science, and Transportation. S. 2581. A bill to ensure that enforcement it reports that have been fully paid or set- By Mr. MARKEY (for himself and Mr. of Federal tax law by the Internal Revenue tled, to amend the Fair Debt Collection BLUMENTHAL): Service is not influenced by political bias, Practices Act by providing for a timetable S. 2603. A bill to deny corporate average inaccurate sources of information, or bias at for verification of medical debt and to in- fuel economy credits obtained through a vio- the individual examiner of department level, crease the efficiency of credit markets with lation of law, establish an Air Quality Res- and for other purposes; to the Committee on more perfect information, and for other pur- toration Trust Fund within the Department Finance. poses; to the Committee on Banking, Hous- of the Treasury, and for other purposes; to By Mrs. ERNST (for herself and Mr. ing, and Urban Affairs. the Committee on Environment and Public JOHNSON): By Mr. CASEY: Works. S. 2582. A bill to ensure economic stability, S. 2593. A bill to require the Secretary of By Mr. PAUL: accountability, and efficiency of Federal Labor to maintain a publicly available list of S.J. Res. 31. A joint resolution relating to Government operations by establishing a all employers that relocate a call center the disapproval of the proposed foreign mili- moratorium on midnight rules during a overseas, to make such companies ineligible tary sale to the Government of Pakistan of President’s final days in office, and for other for Federal grants or guaranteed loans, and F–16 Block 52 aircraft; to the Committee on purposes; to the Committee on Homeland Se- to require disclosure of the physical location Foreign Relations. curity and Governmental Affairs. of business agents engaging in customer f By Mr. CARDIN: service communications, and for other pur- S. 2583. A bill to authorize appropriations poses; to the Committee on Commerce, SUBMISSION OF CONCURRENT AND for the Drinking Water State Revolving Science, and Transportation. SENATE RESOLUTIONS Fund and the Clean Water State Revolving By Mr. BLUMENTHAL: The following concurrent resolutions Fund; to the Committee on Environment and S. 2594. A bill to provide for the Public Works. discoverability and admissibility of gun and Senate resolutions were read, and By Mr. KIRK (for himself and Mrs. trace information in civil proceedings; to the referred (or acted upon), as indicated: GILLIBRAND): Committee on the Judiciary. By Mr. CORKER (for himself and Mr. S. 2584. A bill to promote and protect from By Mr. CRAPO (for himself, Mr. CARDIN): discrimination living organ donors; to the WYDEN, Mr. MORAN, Mr. SCHUMER, S. Res. 375. A resolution raising awareness Committee on Health, Education, Labor, and Mr. ISAKSON, Mr. CASEY, Mr. of modern slavery; to the Committee on For- Pensions. BLUMENTHAL, and Mr. ROBERTS): eign Relations.

VerDate Sep 11 2014 05:32 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.013 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S1058 CONGRESSIONAL RECORD — SENATE February 25, 2016 By Mr. MARKEY (for himself, Mrs. FLAKE) was added as a cosponsor of S. S. 2373 BOXER, Mr. ISAKSON, Mr. DURBIN, Ms. 1500, a bill to clarify Congressional in- At the request of Ms. CANTWELL, the WARREN, Mrs. FEINSTEIN, Mr. REID, tent regarding the regulation of the name of the Senator from Wisconsin Mr. MERKLEY, Mrs. MURRAY, Mr. use of pesticides in or near navigable (Ms. BALDWIN) was added as a cospon- TESTER, Mr. DAINES, Mr. SCHUMER, sor of S. 2373, a bill to amend title and Mr. LEAHY): waters, and for other purposes. S. Res. 376. A resolution designating the S. 1555 XVIII of the Social Security Act to first week of April 2016 as ‘‘National Asbes- At the request of Ms. HIRONO, the provide for Medicare coverage of cer- tos Awareness Week’’; to the Committee on name of the Senator from Montana tain lymphedema compression treat- the Judiciary. (Mr. TESTER) was added as a cosponsor ment items as items of durable medical By Mr. TOOMEY (for himself and Mr. of S. 1555, a bill to award a Congres- equipment. CASEY): S. Con. Res. 32. A concurrent resolution sional Gold Medal, collectively, to the S. 2437 recognizing the soldiers of the 14th Quarter- Filipino veterans of World War II, in At the request of Ms. MIKULSKI, the master Detachment of the United States recognition of the dedicated service of name of the Senator from Iowa (Mr. Army Reserve, who were killed or wounded the veterans during World War II. GRASSLEY) was added as a cosponsor of in their barracks by an Iraqi SCUD missile S. 1607 S. 2437, a bill to amend title 38, United attack in Dhahran, Saudi Arabia, during Op- States Code, to provide for the burial eration Desert Shield and Operation Desert At the request of Mr. PORTMAN, the Storm, on the occasion of the 25th anniver- name of the Senator from Wisconsin of the cremated remains of persons who sary of the attack; to the Committee on (Mr. JOHNSON) was added as a cosponsor served as Women’s Air Forces Service Armed Services. of S. 1607, a bill to affirm the authority Pilots in Arlington National Cemetery, f of the President to require independent and for other purposes. regulatory agencies to comply with S. 2484 ADDITIONAL COSPONSORS regulatory analysis requirements ap- At the request of Mr. SCHATZ, the S. 239 plicable to executive agencies, and for name of the Senator from Delaware At the request of Mr. ENZI, the name other purposes. (Mr. COONS) was added as a cosponsor of the Senator from Oregon (Mr. S. 1697 of S. 2484, a bill to amend titles XVIII WYDEN) was added as a cosponsor of S. At the request of Mr. GRASSLEY, the and XI of the Social Security Act to 239, a bill to amend title 49, United name of the Senator from North Da- promote cost savings and quality care States Code, with respect to apportion- kota (Mr. HOEVEN) was added as a co- under the Medicare program through ments under the Airport Improvement sponsor of S. 1697, a bill to provide an the use of telehealth and remote pa- Program, and for other purposes. exception from certain group health tient monitoring services, and for S. 386 plan requirements to allow small busi- other purposes. At the request of Mr. BROWN, the nesses to use pre-tax dollars to assist S. 2539 name of the Senator from Maryland employees in the purchase of policies At the request of Mr. CASEY, the ARDIN) was added as a cosponsor (Mr. C in the individual health insurance mar- name of the Senator from Delaware of S. 386, a bill to limit the authority of ket, and for other purposes. (Mr. COONS) was added as a cosponsor States to tax certain income of em- S. 1865 of S. 2539, a bill to amend the Social ployees for employment duties per- Security Act to provide for mandatory formed in other States. At the request of Ms. BALDWIN, the name of the Senator from Virginia (Mr. funding, to ensure that the families S. 391 WARNER) was added as a cosponsor of S. that have infants and toddlers, have a At the request of Mr. PAUL, the family income of not more than 200 names of the Senator from North Caro- 1865, a bill to amend the Public Health Service Act with respect to eating dis- percent of the applicable Federal pov- lina (Mr. BURR) and the Senator from orders, and for other purposes. erty guideline, and need child care Indiana (Mr. COATS) were added as co- sponsors of S. 391, a bill to preserve and S. 1890 have access to high-quality infant and protect the free choice of individual At the request of Mr. HATCH, the toddler child care by the end of fiscal employees to form, join, or assist labor names of the Senator from North Caro- year 2026, and for other purposes. organizations, or to refrain from such lina (Mr. BURR), the Senator from Ten- S. 2557 activities. nessee (Mr. ALEXANDER) and the Sen- At the request of Mr. CASEY, the S. 524 ator from Virginia (Mr. KAINE) were name of the Senator from Rhode Island At the request of Mr. WHITEHOUSE, added as cosponsors of S. 1890, a bill to (Mr. WHITEHOUSE) was added as a co- the names of the Senator from Arkan- amend chapter 90 of title 18, United sponsor of S. 2557, a bill to amend the sas (Mr. BOOZMAN), the Senator from States Code, to provide Federal juris- Higher Education Act of 1965 to repeal Missouri (Mrs. MCCASKILL) and the diction for the theft of trade secrets, the suspension of eligibility for grants, Senator from Virginia (Mr. KAINE) and for other purposes. loans, and work assistance for drug-re- were added as cosponsors of S. 524, a S. 1944 lated offenses. bill to authorize the Attorney General At the request of Mr. SULLIVAN, the S. 2570 to award grants to address the national name of the Senator from Texas (Mr. At the request of Mr. PORTMAN, the epidemics of prescription opioid abuse CRUZ) was added as a cosponsor of S. name of the Senator from Idaho (Mr. and heroin use. 1944, a bill to require each agency to re- CRAPO) was added as a cosponsor of S. S. 553 peal or amend 1 or more rules before 2570, a bill to amend the Unfunded At the request of Mr. CORKER, the issuing or amending a rule. Mandates Reform Act of 1995 to provide name of the Senator from Oregon (Mr. S. 2173 for regulatory impact analyses for cer- WYDEN) was added as a cosponsor of S. At the request of Ms. STABENOW, the tain rules and consideration of the 553, a bill to marshal resources to un- name of the Senator from Connecticut least burdensome regulatory alter- dertake a concerted, transformative ef- (Mr. MURPHY) was added as a cosponsor native, and for other purposes. fort that seeks to bring an end to mod- of S. 2173, a bill to amend title XVIII of S. 2574 ern slavery, and for other purposes. the Social Security Act to improve ac- At the request of Mr. GRASSLEY, the S. 607 cess to mental health services under name of the Senator from Connecticut At the request of Mr. GRASSLEY, the the Medicare program. (Mr. BLUMENTHAL) was added as a co- name of the Senator from Vermont S. 2218 sponsor of S. 2574, a bill to amend title (Mr. SANDERS) was added as a cospon- At the request of Mr. THUNE, the IV of the Social Security Act to re- sor of S. 607, a bill to provide for a five- name of the Senator from Wisconsin quire States to adopt a centralized year extension of the Medicare rural (Ms. BALDWIN) was added as a cospon- electronic system to help expedite the community hospital demonstration sor of S. 2218, a bill to amend the Inter- placement of children in foster care or program. nal Revenue Code of 1986 to treat cer- guardianship, or for adoption, across S. 1500 tain amounts paid for physical activ- State lines, and to provide grants to At the request of Mr. CRAPO, the ity, fitness, and exercise as amounts aid States in developing such a system, name of the Senator from Arizona (Mr. paid for medical care. and for other purposes.

VerDate Sep 11 2014 02:54 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.017 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 25, 2016 CONGRESSIONAL RECORD — SENATE S1059 S. 2579 needless red tape. This has led to staff- (6) SECRETARY.—The term ‘‘Secretary’’ At the request of Ms. STABENOW, the ing and administrative issues at these means the Secretary of the Interior. name of the Senator from Maryland schools, as well as problems with ne- SEC. 3. ESTABLISHMENT. (Ms. MIKULSKI) was added as a cospon- glect at the facilities themselves. A (a) IN GENERAL.—There is established with- sor of S. 2579, a bill to provide addi- lack of defined leadership at the Bu- in the Department an independent agency to be known as the ‘‘Indian Education Agency’’. tional support to ensure safe drinking reau of Indian Education has led to (b) DIRECTOR.— water. schools falling through the cracks. In (1) IN GENERAL.—The head of the Agency S. CON. RES. 4 the past 36 years, there have been 33 shall be the Director of Indian Education. At the request of Mr. BARRASSO, the Bureau of Indian Education directors. (2) APPOINTMENT.—The Director shall be name of the Senator from Alaska (Mr. Stability and clear structure are need- appointed by the President by and with the SULLIVAN) was added as a cosponsor of ed. advice and consent of the Senate. S. Con. Res. 4, a concurrent resolution Last May, the Senate Committee on (3) PERIOD OF APPOINTMENT.—The Director Indian Affairs, which I chair, held an shall be— supporting the Local Radio Freedom (A) appointed for a term of 6 years; and Act. oversight hearing on this topic. We (B) eligible for reappointment for an un- S. RES. 368 heard testimony from Government Ac- limited number of terms. At the request of Mr. CARDIN, the countability Office officials that more (4) REMOVAL.—The Director may be re- name of the Senator from Arizona (Mr. accountability is needed at the Bureau moved by the President before the expiration MCCAIN) was added as a cosponsor of S. of Indian Education to help students of the term of the Director only for cause. Res. 368, a resolution supporting efforts succeed. (5) VACANCIES.—Any vacancy in the posi- That is why I am introducing the Re- tion of Director shall not affect the func- by the Government of Colombia to pur- tions or authorities of the Agency, but shall sue peace and the end of the country’s forming American Indian Standards of Education—or RAISE—Act. The be filled in the same manner as the original enduring internal armed conflict and appointment. recognizing United States support for RAISE Act separates the functions of (c) ASSISTANT DIRECTORS.— Colombia at the 15th anniversary of the Bureau of Indian Education from (1) ASSISTANT DIRECTOR OF EDUCATION CUR- Plan Colombia. the Bureau of Indian Affairs into an RICULUM.— independent agency under the Depart- (A) IN GENERAL.—There shall be in the S. RES. 372 ment of the Interior. This agency Agency an Assistant Director of Education At the request of Mrs. GILLIBRAND, would be led by a president-appointed Curriculum, who shall be appointed by the the names of the Senator from Rhode and Senate-confirmed director and two Director. Island (Mr. WHITEHOUSE) and the Sen- (B) DUTIES.—The Assistant Director shall assistant directors. Together, this lead- ator from Oklahoma (Mr. LANKFORD) be responsible for the functions of the Agen- ership team will oversee the adminis- were added as cosponsors of S. Res. 372, cy— tration of Indian Education, cur- a resolution celebrating Black History (i) relating to education curriculum; and riculum for the schools and school-fa- Month. (ii) that the Director may delegate to the cilities management. Assistant Director. S. RES. 373 The RAISE Act will create better ac- (2) ASSISTANT DIRECTOR OF FACILITIES MAN- At the request of Ms. HIRONO, the countability for all. By having a lead- AGEMENT.— name of the Senator from Michigan ership team that tribes can directly ad- (A) IN GENERAL.—There shall be in the (Ms. STABENOW) was added as a cospon- dress for their school’s needs, Indian Agency an Assistant Director of Facilities sor of S. Res. 373, a resolution recog- Management, who shall be appointed by the students attending these schools will Director. nizing the historical significance of Ex- have a greater voice. The current In- ecutive Order 9066 and expressing the (B) DUTIES.—The Assistant Director shall dian school system is managed in such be responsible for the functions of the Agen- sense of the Senate that policies that a fragmented and complicated manner cy— discriminate against any individual that it has failed students for many (i) relating to facilities management; and based on the actual or perceived race, years. These students are our future, (ii) that the Director may delegate to the ethnicity, national origin, or religion and they deserve our best efforts to ad- Assistant Director. of that individual would be a repetition dress their educational needs. SEC. 4. TERMINATION OF BUREAU OF INDIAN EDUCATION; TRANSFER OF FUNC- of the mistakes of Executive Order 9066 Mr. President, I ask unanimous con- and contrary to the values of the TIONS. sent that the text of the bill be printed (a) TERMINATION OF BUREAU OF INDIAN EDU- United States. in the RECORD. CATION.—Effective beginning on the date of AMENDMENT NO. 3308 There being no objection, the text of enactment of this Act, the Bureau of Indian At the request of Ms. MURKOWSKI, the the bill was ordered to be printed in Education (including any predecessor office name of the Senator from Alaska (Mr. the RECORD, as follows: described in Federal law) is terminated. (b) TRANSFER OF FUNCTIONS.— SULLIVAN) was added as a cosponsor of S. 2580 (1) IN GENERAL.—Any function or authority amendment No. 3308 intended to be pro- Be it enacted by the Senate and House of Rep- posed to S. 2012, an original bill to pro- relating to Indian education that, as of the resentatives of the United States of America in day before the date of enactment of this Act, vide for the modernization of the en- Congress assembled, was performed or carried out by the Sec- ergy policy of the United States, and SECTION 1. SHORT TITLE. retary or any bureau, office, or other unit of for other purposes. This Act may be cited as the ‘‘Reforming the Department is transferred to the Direc- f American Indian Standards of Education Act tor. of 2016’’ or the ‘‘RAISE Act of 2016’’. (2) REFERENCES.—Any reference in any STATEMENTS ON INTRODUCED SEC. 2. DEFINITIONS. other Federal law to the Secretary, the De- BILLS AND JOINT RESOLUTIONS In this Act: partment, or any bureau, office, or other By Mr. BARRASSO: (1) AGENCY.—The term ‘‘Agency’’ means unit of the Department with respect to the S. 2580. A bill to establish the Indian the Indian Education Agency established by functions or authorities transferred under paragraph (1) is deemed to refer to the Direc- Education Agency to streamline the section 3(a). (2) ASSISTANT DIRECTOR.—The term ‘‘As- tor or the Agency, as appropriate. administration of Indian education, sistant Director’’ means, as applicable— SEC. 5. REPORTS. and for other purposes; to the Com- (A) the Assistant Director of Education (a) IN GENERAL.—Not later than 18 months mittee on Indian Affairs. Curriculum described in section 3(c)(1); or after the date of enactment of this Act, and Mr. BARRASSO. Mr. President, I rise (B) the Assistant Director of Facilities annually thereafter, the Director, in con- today to speak about legislation that Management described in section 3(c)(2). sultation with affected Indian tribes, shall will streamline and modernize the Bu- (3) DEPARTMENT.—The term ‘‘Department’’ prepare a report describing the implementa- reau of Indian Education. means the Department of the Interior. tion of this Act, including— The Bureau of Indian Education (4) DIRECTOR.—The term ‘‘Director’’ means (1) the activities of the Agency; school system includes 183 elementary the Director of Indian Education described in (2) an assessment of the effectiveness of section 3(b)(1). this Act; and and secondary schools, and it serves (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ (3) recommendations for legislation to im- roughly 48,000 students. Part of the has the meaning given the term in section 4 prove the functioning of the Agency. school system falls under a cum- of the Indian Self-Determination and Edu- (b) SUBMISSION.—The Director shall submit bersome bureaucracy burdened with cation Assistance Act (25 U.S.C. 450b). each report described in subsection (a) to—

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(1) the Committee on Indian Affairs of the (f) CIVIL SERVICE LAWS.—All personnel of creased treatment options and might im- Senate; the Agency other than the Director shall be prove the prognoses of those patients; (2) the Committee on Natural Resources of covered by the civil service laws. Whereas the United States has substan- the House of Representatives; and SEC. 8. AUTHORIZATION OF APPROPRIATIONS. tially reduced the consumption of asbestos (3) the Committee on Education and Work- There are authorized to be appropriated to in the United States, yet the United States force of the House of Representatives. the Director such sums as are necessary to continues to consume about 400 metric tons SEC. 6. REGULATIONS. carry out this Act. of the fibrous mineral each year for use in certain products throughout the United (a) IN GENERAL.—The Director shall pro- f States; mulgate such regulations as the Director de- SUBMITTED RESOLUTIONS termines are appropriate to perform the Whereas asbestos-related diseases have functions of the Director. killed thousands of people in the United States; (b) AUTONOMY.—No regulation promulgated SENATE RESOLUTION 375—RAISING Whereas while exposure to asbestos con- pursuant to subsection (a) shall be subject to tinues, safety and prevention of asbestos ex- approval or review by the Secretary. AWARENESS OF MODERN SLAV- ERY posure— SEC. 7. PERSONNEL. (1) has significantly reduced the incidence (a) COMPENSATION OF DIRECTOR AND ASSIST- Mr. CORKER (for himself and Mr. of asbestos-related diseases; and ANT DIRECTORS.— CARDIN) submitted the following reso- (2) can further reduce the incidence of as- (1) DIRECTOR.—The Director shall be com- lution; which was referred to the Com- bestos-related diseases; pensated at a rate equal to that of level IV mittee on Foreign Relations: Whereas thousands of workers in the United States face significant asbestos expo- of the Executive Schedule under section 5315 S. RES. 375 of title 5, United States Code. sure, which has been a cause of occupational Whereas it is estimated that tens of mil- (2) ASSISTANT DIRECTORS.—Each Assistant cancer; lions of children, women, and men around Director shall be compensated at a rate Whereas thousands of people in the United the world are subjected to conditions of mod- equal to that of level V of the Executive States die from asbestos-related diseases ern slavery; Schedule under section 5316 of title 5, United every year; Whereas the International Labour Organi- States Code. Whereas a significant percentage of all as- zation estimates that modern slavery gen- (3) TRAVEL EXPENSES.—The Director and bestos-related disease victims were exposed erates more than $150,000,000,000 in criminal each Assistant Director shall be allowed to asbestos on naval ships and in shipyards; profits each year; travel expenses, including per diem in lieu of Whereas before 1975, asbestos was used in Whereas despite being outlawed in every subsistence, at rates authorized for employ- the construction of a significant number of nation, modern slavery exists around the ees of agencies under subchapter I of chapter office buildings and public facilities, includ- world, including in the United States; 57 of title 5, United States Code, while away ing schools; Whereas around the world, 55 percent of from their homes or regular places of busi- Whereas people in the small community of forced labor victims are women or girls, and ness in the performance of their duties. Libby, Montana, suffer from asbestos-related nearly 1 in 5 victims of slavery is a child; and diseases, including mesothelioma, at a sig- (b) STAFF.— Whereas each year, individuals around the (1) TRANSFER OF PERSONNEL.—Effective be- nificantly higher rate than people in the world join together to call for an end to mod- United States as a whole; and ginning on the date of enactment of this Act, ern slavery by symbolically drawing a red the personnel employed in connection with Whereas the designation of a ‘‘National As- ‘‘X’’ symbol on their hands to share the mes- bestos Awareness Week’’ will raise public the functions or authorities transferred sage of the END IT movement: Now, there- under section 4(b)(1) are transferred to the awareness about the prevalence of asbestos- fore, be it related diseases and the dangers of asbestos Director. Resolved, That the Senate— exposure: Now, therefore, be it (2) ADDITIONAL PERSONNEL.—The Director (1) commends each individual that sup- may, without regard to the civil service Resolved, That the Senate— ports the END IT movement on February 25, (1) designates the first week of April 2016 laws, appoint and terminate such additional 2016; personnel as may be necessary to enable the as ‘‘National Asbestos Awareness Week’’; (2) notes the dedication of individuals, or- (2) urges the Surgeon General of the United Director to perform the functions of the Di- ganizations, and governments to end modern rector. States to warn and educate people about the slavery; and public health issue of asbestos exposure, (3) COMPENSATION.—The Director may fix (3) calls for concerted, international action the compensation of the personnel of the which may be hazardous to their health; and to bring an end to modern slavery around the (3) respectfully requests that the Secretary Agency other than the Director or the As- world. sistant Directors without regard to chapter of the Senate transmit a copy of this resolu- 51 and subchapter III of chapter 53 of title 5, f tion to the Office of the Surgeon General. United States Code, relating to classification SENATE RESOLUTION 376—DESIG- f of positions and General Schedule pay rates, NATING THE FIRST WEEK OF SENATE CONCURRENT RESOLU- except that the rate of pay for the other per- APRIL 2016 AS ‘‘NATIONAL AS- TION 32—RECOGNIZING THE SOL- sonnel may not exceed the rate payable for BESTOS AWARENESS WEEK’’ level V of the Executive Schedule under sec- DIERS OF THE 14TH QUARTER- tion 5316 of that title. Mr. MARKEY (for himself, Mrs. MASTER DETACHMENT OF THE (c) DETAIL OF GOVERNMENT EMPLOYEES.— BOXER, Mr. ISAKSON, Mr. DURBIN, Ms. UNITED STATES ARMY RE- Any Federal Government employee may be WARREN, Mrs. FEINSTEIN, Mr. REID, Mr. SERVE, WHO WERE KILLED OR detailed to the Agency without reimburse- MERKLEY, Mrs. MURRAY, Mr. TESTER, WOUNDED IN THEIR BARRACKS ment, and such detail shall be without inter- Mr. DAINES, Mr. SCHUMER, and Mr. BY AN IRAQI SCUD MISSILE AT- ruption or loss of civil service status or LEAHY) submitted the following resolu- TACK IN DHAHRAN, SAUDI ARA- privilege. tion; which was referred to the Com- BIA, DURING OPERATION (d) PROCUREMENT OF TEMPORARY AND DESERT SHIELD AND OPERATION INTERMITTENT SERVICES.—The Director may mittee on the Judiciary: procure temporary and intermittent services S. RES. 376 DESERT STORM, ON THE OCCA- under section 3109(b) of title 5, United States Whereas dangerous asbestos fibers are in- SION OF THE 25TH ANNIVERSARY Code, at rates for individuals that do not ex- visible and cannot be smelled or tasted; OF THE ATTACK ceed the daily equivalent of the annual rate Whereas the inhalation of airborne asbes- Mr. TOOMEY (for himself and Mr. of basic pay prescribed for level V of the Ex- tos fibers can cause significant damage; CASEY) submitted the following concur- ecutive Schedule under section 5316 of that Whereas asbestos fibers can cause cancer, rent resolution; which was referred to title. such as mesothelioma and asbestosis, and the Committee on Armed Services: (e) PREFERENCE.— other health problems; (1) IN GENERAL.—In the selection of each Whereas symptoms of asbestos-related dis- S. CON. RES. 32 individual to be employed by the Director eases can take between 10 and 50 years to Whereas 217,000 members of the reserve pursuant to section 3(c) and subsections present themselves; components of the Armed Forces served (b)(2), (c), and (d) of this section, the Direc- Whereas the projected life expectancy for alongside 470,000 members of the regular tor shall give preference to members of In- an individual diagnosed with mesothelioma components of the Armed Forces during Op- dian tribes. is between 6 and 24 months; eration Desert Shield and Operation Desert (2) APPLICABILITY.—The preference de- Whereas generally, little is known about Storm; scribed in paragraph (1) shall apply only to late-stage treatment of asbestos-related dis- Whereas the Army Reserve in Pennsyl- initial hiring, and shall not apply to pro- eases and there is no cure for asbestos-re- vania played crucial roles in Operation motion, lateral transfer, reassignment, re- lated diseases; Desert Shield and Operation Desert Storm; ductions in force, or any other employment Whereas early detection of asbestos-re- Whereas 69 soldiers of the 14th Quarter- practice. lated diseases may give some patients in- master Detachment of the United States

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Army Reserve, stationed in Greensburg, Whereas this year marks the twenty-fifth ‘‘(s) DISCHARGES OF PESTICIDES.— Pennsylvania, were deployed to Saudi Arabia anniversary of the meritorious service of ‘‘(1) NO PERMIT REQUIREMENT.—Except as during Operation Desert Storm, while sup- these Pennsylvanians, and others in Penn- provided in paragraph (2), a permit shall not porting operations to liberate the people of sylvania-based units, which contributed to be required by the Administrator or a State Kuwait and defend the Kingdom of Saudi the liberation of the people of Kuwait and under this Act for a discharge from a point Arabia in 1991; the defense of the Kingdom of Saudi Arabia: source into navigable waters of— Whereas the unit was deployed to assist Now, therefore, be it ‘‘(A) a pesticide authorized for sale, dis- with water purification efforts in the final Resolved by the Senate (the House of Rep- tribution, or use under the Federal Insecti- days of the Persian Gulf War; resentatives concurring), That Congress— cide, Fungicide, and Rodenticide Act (7 Whereas the barracks of the unit in (1) recognizes the tremendous sacrifice and U.S.C. 136 et seq.); or Dhahran, Saudi Arabia, were attacked by an dedicated, selfless service of Pennsylvanians ‘‘(B) the residue of the pesticide, resulting Iraqi-launched SCUD missile; during Operation Desert Shield and Oper- from the application of the pesticide. Whereas 13 soldiers from the 14th Quarter- ation Desert Storm; ‘‘(2) EXCEPTIONS.—Paragraph (1) shall not master Detachment were killed, and 43 (2) honors the 13 soldiers of the 14th Quar- apply to the following discharges of a pes- wounded, in the attack; termaster Detachment of the United States ticide or pesticide residue: Whereas the attack represented the dead- Army Reserve who were killed in action on ‘‘(A) A discharge resulting from the appli- liest attack on Americans during the Persian February 25, 1991, in the attack on Dhahran, cation of a pesticide in violation of a provi- Gulf War, killing a total of 28 soldiers and Saudi Arabia; sion of the Federal Insecticide, Fungicide, wounding 99; (3) honors the 43 soldiers of the 14th Quar- and Rodenticide Act (7 U.S.C. 136 et seq.) rel- Whereas the unit suffered the greatest termaster Detachment of the United States evant to protecting water quality if— number of casualties of any allied unit dur- Army Reserve who were wounded during the ‘‘(i) the discharge would not have occurred ing Operation Desert Storm; attack; without the violation; or Whereas Specialist Steven E. Atherton, (4) pledges its gratitude and support to the ‘‘(ii) the amount of pesticide or pesticide 14th Quartermaster Detachment, of families of these soldiers; and residue in the discharge is greater than Nurmine, Pennsylvania, was killed on Feb- (5) encourages the people of the United would have occurred without the violation. ruary 25, 1991, while loyally serving his coun- States to commemorate and honor the role ‘‘(B) Stormwater discharges subject to reg- try during Operation Desert Storm; and contribution of Pennsylvanians and ulation under subsection (p). Whereas Specialist John A. Boliver, Jr., Pennsylvania-based units of the Army Na- ‘‘(C) The following discharges subject to 14th Quartermaster Detachment, of tional Guard, the Army Reserve, the Marine regulation under this section: Monongahela, Pennsylvania, was killed on Corps Reserve, the Navy Reserve, the Air Na- ‘‘(i) Manufacturing or industrial effluent. February 25, 1991, while loyally serving his tional Guard, and the Air Force Reserve who ‘‘(ii) Treatment works effluent. country during Operation Desert Storm; supported Operation Desert Shield and Oper- ‘‘(iii) Discharges incidental to the normal Whereas Sergeant Joseph P. Bongiorni III, ation Desert Storm. operation of a vessel, including a discharge 14th Quartermaster Detachment, of Hickory, f resulting from ballasting operations or ves- sel biofouling prevention.’’. Pennsylvania, was killed on February 25, AMENDMENTS SUBMITTED AND 1991, while loyally serving his country during (c) REPORT.—Not later than 1 year after Operation Desert Storm; PROPOSED the date of enactment of this Act, the Ad- Whereas Sergeant John T. Boxler, 14th SA 3324. Mr. CRAPO (for himself and Mrs. ministrator of the Environmental Protection Agency, in consultation with the Secretary Quartermaster Detachment, of Johnstown, FISCHER) submitted an amendment intended of Agriculture, shall submit a report to the Pennsylvania, was killed on February 25, to be proposed to amendment SA 2953 pro- Committee on Environment and Public 1991, while loyally serving his country during posed by Ms. MURKOWSKI to the bill S. 2012, Works and the Committee on Agriculture of Operation Desert Storm; to provide for the modernization of the en- the Senate and the Committee on Transpor- ergy policy of the United States, and for Whereas Specialist Beverly S. Clark, 14th tation and Infrastructure and the Committee other purposes; which was ordered to lie on Quartermaster Detachment, of Armagh, on Agriculture of the House of Representa- the table. Pennsylvania, was killed on February 25, tives that includes— SA 3325. Mr. KIRK (for himself and Mr. 1991, while loyally serving her country dur- (1) the status of intra-agency coordination ing Operation Desert Storm; DURBIN) submitted an amendment intended to be proposed to amendment SA 2953 pro- between the Office of Water and the Office of Whereas Sergeant Allen B. Craver, 14th Pesticide Programs of the Environmental Quartermaster Detachment, of Penn Hills, posed by Ms. MURKOWSKI to the bill S. 2012, supra; which was ordered to lie on the table. Protection Agency regarding streamlining Pennsylvania, was killed on February 25, information collection, standards of review, 1991, while loyally serving his country during f and data use relating to water quality im- Operation Desert Storm; TEXT OF AMENDMENTS pacts from the registration and use of pes- Whereas Specialist Frank S. Keough, 14th ticides; Quartermaster Detachment, of North Hun- SA 3324. Mr. CRAPO (for himself and (2) an analysis of the effectiveness of cur- tington, Pennsylvania, was killed on Feb- Mrs. FISCHER) submitted an amend- rent regulatory actions relating to pesticide ruary 25, 1991, while loyally serving his coun- ment intended to be proposed to registration and use aimed at protecting try during Operation Desert Storm; amendment SA 2953 proposed by Ms. water quality; and Whereas Specialist Anthony E. Madison, MURKOWSKI to the bill S. 2012, to pro- (3) any recommendations on how the Fed- 14th Quartermaster Detachment, of Mones- vide for the modernization of the en- eral Insecticide, Fungicide, and Rodenticide sen, Pennsylvania, was killed on February Act (7 U.S.C. 136 et seq.) can be modified to 25, 1991, while loyally serving his country ergy policy of the United States, and for other purposes; which was ordered better protect water quality and human during Operation Desert Storm; health. Whereas Specialist Christine L. Mayes, to lie on the table; as follows: 14th Quartermaster Detachment, of Roch- At the appropriate place, insert the fol- SA 3325. Mr. KIRK (for himself and ester Mills, Pennsylvania, was killed on Feb- lowing: Mr. DURBIN) submitted an amendment ruary 25, 1991, while loyally serving her SEC. ll. USE OF AUTHORIZED PESTICIDES; DIS- intended to be proposed to amendment country during Operation Desert Storm; CHARGES OF PESTICIDES; REPORT. SA 2953 proposed by Ms. MURKOWSKI to Whereas Specialist Steven J. Siko, 14th (a) USE OF AUTHORIZED PESTICIDES.—Sec- the bill S. 2012, to provide for the mod- Quartermaster Detachment, of Latrobe, tion 3(f) of the Federal Insecticide, Fun- Pennsylvania, was killed on February 25, gicide, and Rodenticide Act (7 U.S.C. 136a(f)) ernization of the energy policy of the 1991, while loyally serving his country during is amended by adding at the end the fol- United States, and for other purposes; Operation Desert Storm; lowing: which was ordered to lie on the table; Whereas Specialist Thomas G. Stone, 14th ‘‘(5) USE OF AUTHORIZED PESTICIDES.—Ex- as follows: Quartermaster Detachment, of Falconer, cept as provided in section 402(s) of the Fed- At the end of subtitle E of title IV, add the New York, was killed on February 25, 1991, eral Water Pollution Control Act (33 U.S.C. following: while loyally serving his country during Op- 1342), the Administrator or a State shall not SEC. 44ll. LINCOLN NATIONAL HERITAGE AREA eration Desert Storm; require a permit under that Act for a dis- BOUNDARY ADJUSTMENT. Whereas Sergeant Frank J. Walls, 14th charge from a point source into navigable (a) BOUNDARY ADJUSTMENT.—Section Quartermaster Detachment, of Hawthorne, waters of— 443(b)(1) of the Consolidated Natural Re- Pennsylvania, was killed on February 25, ‘‘(A) a pesticide authorized for sale, dis- sources Act of 2008 (Public Law 110–229; 122 1991, while loyally serving his country during tribution, or use under this Act; or Stat. 819) is amended— Operation Desert Storm; ‘‘(B) the residue of the pesticide, resulting (1) by inserting ‘‘Livingston,’’ after ‘‘La- Whereas Specialist Richard V. Wolverton, from the application of the pesticide.’’. Salle,’’; and 14th Quartermaster Detachment, of Latrobe, (b) DISCHARGES OF PESTICIDES.—Section 402 (2) by striking ‘‘ and Woodford counties’’ Pennsylvania, was killed on February 25, of the Federal Water Pollution Control Act and inserting ‘‘, and Woodford counties and 1991, while loyally serving his country during (33 U.S.C. 1342) is amended by adding at the the city of Jonesboro in Union County and Operation Desert Storm; and end the following: the city of Freeport in Stephenson County’’.

VerDate Sep 11 2014 02:54 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A25FE6.041 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE S1062 CONGRESSIONAL RECORD — SENATE February 25, 2016 (b) MAP.—The Secretary of the Interior ing the session of the Senate on Feb- approved to date, and the time for the shall update the map described in section ruary 25, 2016, at 10 a.m., in room 428A two leaders be reserved for their use 443(b)(2) of the Consolidated Natural Re- of the Russell Senate Office Building to later in the day; further, that following sources Act of 2008 (Public Law 110–229; 122 conduct a hearing entitled, ‘‘An Exam- leader remarks, the Senate be in a pe- Stat. 819) to reflect the adjustment to the boundary of the Lincoln National Heritage ination of Changes to the U.S. Patent riod of morning business until 5 p.m., Area under the amendments made by sub- System and Impacts on America’s with Senators permitted to speak section (a). Small Businesses.’’ therein for up to 10 minutes each; fur- f The PRESIDING OFFICER. Without ther, that at 5 p.m., the Senate resume objection, it is so ordered. consideration of the motion to proceed AUTHORITY FOR COMMITTEES TO SELECT COMMITTEE ON INTELLIGENCE to S. 524, with the time until 5:30 p.m. MEET Mrs. FISCHER. Mr. President, I ask equally divided between the two man- COMMITTEE ON ARMED SERVICES unanimous consent that the Select agers or their designees; finally, that Mrs. FISCHER. Mr. President, I ask Committee on Intelligence be author- notwithstanding the provisions of rule unanimous consent that the Com- ized to meet during the session of the XXII, the Senate vote on the motion to mittee on Armed Services be author- Senate on February 25, 2016 at 2 p.m. invoke cloture on the motion to pro- ized to meet during the session of the The PRESIDING OFFICER. Without ceed to S. 524 at 5:30 p.m. Senate on February 25, 2016, at 9:30 objection, it is so ordered. The PRESIDING OFFICER. Is there a.m. SUBCOMMITTEE ON IMMIGRATION AND THE objection? The PRESIDING OFFICER. Without NATIONAL INTEREST Without objection, it is so ordered. objection, it is so ordered. Mrs. FISCHER. Mr. President, I ask COMMITTEE ON HEALTH, EDUCATION, LABOR, unanimous consent that the Com- f AND PENSIONS mittee on the Judiciary, Sub- Mrs. FISCHER. Mr. President, I ask committee on Immigration and the Na- ADJOURNMENT UNTIL MONDAY, unanimous consent that the Com- tional Interest be authorized to meet FEBRUARY 29, 2016, AT 3 P.M. mittee on Health, Education, Labor, during the session of the Senate on Mr. HOEVEN. Mr. President, if there and Pensions be authorized to meet February 25, 2016, at 2:30 p.m., in room is no further business to come before during the session of the Senate on SD–226 of the Dirksen Senate Office the Senate, I ask unanimous consent February 25, 2016, at 2 p.m., in room Building, to conduct a hearing entitled that it stand adjourned under the pre- SD-430 of the Dirksen Senate Office ‘‘The Impact of High-Skilled Immigra- vious order. Building to conduct a hearing entitled tion on U.S. Workers?’’ There being no objection, the Senate, ‘‘Nomination of Dr. John King to serve The PRESIDING OFFICER. Without at 5:49 p.m., adjourned until Monday, as Secretary of Education.’’ objection, it is so ordered. February 29, 2016, at 3 p.m. The PRESIDING OFFICER. Without f objection, it is so ordered. f COMMITTEE ON HOMELAND SECURITY AND PRIVILEGES OF THE FLOOR GOVERNMENTAL AFFAIRS Ms. HEITKAMP. Mr. President, I ask NOMINATIONS Mrs. FISCHER. Mr. President, I ask unanimous consent that Olivia Cox, an Executive nominations received by unanimous consent that the Com- intern in my office, be granted the the Senate: mittee on Homeland Security and Gov- privilege of the floor for the duration THE JUDICIARY ernmental Affairs be authorized to of today’s session. DONALD W. BEATTY, OF SOUTH CAROLINA, TO BE meet during the session of the Senate The PRESIDING OFFICER. Without UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF on February 25, 2016, at 10 a.m., to con- objection, it is so ordered. SOUTH CAROLINA, VICE CAMERON M. CURRIE, RETIRED. DONALD C. COGGINS, JR., OF SOUTH CAROLINA, TO BE duct a hearing entitled ‘‘Connecting f UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF Patients to New and Potential Life SOUTH CAROLINA, VICE JOSEPH F. ANDERSON, JR., RE- ORDERS FOR MONDAY, FEBRUARY TIRED. Saving Treatments.’’ LUCY HAERAN KOH, OF CALIFORNIA, TO BE UNITED The PRESIDING OFFICER. Without 29, 2016 STATES CIRCUIT JUDGE FOR THE NINTH CIRCUIT, VICE objection, it is so ordered. Mr. HOEVEN. Mr. President, I ask HARRY PREGERSON, RETIRED. IN THE MARINE CORPS COMMITTEE ON SMALL BUSINESS AND unanimous consent that when the Sen- ENTREPRENEURSHIP ate completes its business today, it ad- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES MARINE CORPS RESERVE TO THE Mrs. FISCHER. Mr. President, I ask journ until 3 p.m., Monday, February GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: unanimous consent that the Com- 29; that following the prayer and To be brigadier general mittee on Small Business and Entre- pledge, the morning hour be deemed COL. BRADLEY S. JAMES preneurship be authorized to meet dur- expired, the Journal of proceedings be COL. KURT W. STEIN

VerDate Sep 11 2014 05:55 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 9801 E:\CR\FM\A25FE6.044 S25FEPT1 smartinez on DSK4TPTVN1PROD with SENATE February 25, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E215 EXTENSIONS OF REMARKS

GULLAH/GEECHEE CULTURAL will further support the work of continued iden- quagga mussels in the west. We must work HERITAGE ACT AMENDMENT tification and preservation of sites, gathering of together to raise awareness of the economic historical data, protection of artifacts, and ob- and environmental damage that invasive spe- SPEECH OF jects associated with the Gullah/Geechee. cies are wreaking on our lands and waters. HON. SHEILA JACKSON LEE The extension of the work of the Commis- In Congress, I along with Congressman OF TEXAS sion under the original Act and this current MIKE THOMPSON of California, are co-chairs of IN THE HOUSE OF REPRESENTATIVES legislation will yield benefits of education of the Congressional Invasive Species Caucus. the general public on the important contribu- This large, bipartisan group of Members of Wednesday, February 24, 2016 tion of the Gullah/Geechee. Congress from across the country seeks to Ms. JACKSON LEE. Mr. Speaker, I rise Through the educational outreach work bring attention to the danger invasive species today in support of H.R. 3004, to amend the alone, our nation will learn about the Heritage pose. We often work together on policies that Gullah/Geechee Cultural Heritage Act to ex- Corridor which comprises those lands and will reduce the impact of these species. tend the authorization for the Gullah/Geechee waters generally depicted on a map entitled This week, the Congressional Invasive Spe- Cultural Heritage Corridor Commission. ‘‘Gullah/Geechee Cultural Heritage Corridor.’’ cies Caucus hosted an informational session In 2005, Congress passed legislation—H.R. This is just one prime example of the benefit in honor of National Invasive Species Aware- 694, preserving the Gullah/Geechee Cultural of the original Act and this current extension of ness Week that saw over one dozen groups, Heritage. the tenure of the Commission, which I rise in ranging from federal agencies to non-govern- This law also established a Commission, support of. ment organizations, presenting on the dangers nominated and appointed by the Secretary of f of invasive species and ongoing efforts to con- Interior. trol their populations. At the passage of the original Gullah/ IN RECOGNITION OF PRIVATE On behalf of all residents of Northern Michi- Geechee Cultural Heritage Act, the member- FIRST CLASS JOE RIVERA gan and the United States, I wish to honor the ship of the commission was limited to a 3 year MONTES many citizens and organizations who work term. each day to stop the threat of invasive species The Commission is comprised of 15 mem- to our country. I, along with my colleagues in bers who are recognized experts in historic HON. JOHN GARAMENDI the House, will continue to work to stop preservation, anthropology, and folklore. OF CALIFORNIA invasive species and bring awareness of this The Commissioners assist in identifying and IN THE HOUSE OF REPRESENTATIVES important issue to the American public. preserving sites, historical data, artifacts, and Thursday, February 25, 2016 objects associated with the Gullah/Geechee f Mr. GARAMENDI. Mr. Speaker, it is my for the benefit and education of the public. highest honor to recognize Private First Class HONORING 100 YEARS SINCE THE The purpose of the Gullah/Geechee Cultural Joe R. Montes for his courageous service to BIRTH OF ARCHIE MOORE Heritage Corridor Commission is to assist our great country during World War II. On De- Federal, State, and local authorities in the de- cember 29, 1941, as a very young man, Pri- velopment and implementation of a manage- HON. DUNCAN HUNTER vate Montes answered our nation’s call to de- ment plan for those land and waters of the OF CALIFORNIA fend our freedoms after the devastating attack Gullah/Geechee Cultural Heritage Corridor. IN THE HOUSE OF REPRESENTATIVES on Pearl Harbor. He valiantly served in the H.R. 3004 would ensure the continued pro- Thursday, February 25, 2016 tection and preservation of the history and United States Marine Corps enduring multiple Mr. HUNTER. Mr. Speaker, I rise today to contributions of the Gullah/Geechee people of battles in the South Pacific. During this time, recognize the 100-year mark since Archie Georgia, North Carolina, South Carolina, and Private Montes was awarded the Purple Heart Moore’s birth, one of America’s greatest box- Florida. for injuries sustained during the heroic Amer- Lastly, the law stated that the Commission ican recapture of the Island of Guam in July ers, whose career took him from the ring, to should be terminated after 10 years. 1944. In January 1946, after the formal end of the big screen in Hollywood and to San Diego, H.R. 3004 will extend the authorization of World War II, Private First Class Montes sepa- where his impact is still felt today as a cru- the Gullah/Geechee Commission from ‘‘10 rated from the Marine Corps after four trium- sader against the gang and drug culture. years’’ to ‘‘15 years’’. phant years of service. His time in service was Throughout Archie’s life, he competed in This Black History, the work of the Commis- defined by extraordinary leadership and self- 219 boxing matches, winning 185—131 com- sion is imperative in facilitating the enhance- less acts of devotion to his company. On be- ing by knockout; however, Archie’s most im- ment and preservation of the Gulla/Geechee half of the men and women of California’s 3rd portant life work came outside the ring, when, cultural heritage. Congressional District, please accept my sin- in 1957, he founded the Any Body Can (ABC) It also continues to facilitate highlighting the cerest gratitude for his dedicated service to Youth Foundation. In its 59th year, the ABC important history of African Americans with our country. Youth Foundation continues to serve low-in- Gullah/Geechee heritage. f come students throughout Southeast San Indeed, the original Act, H.R. 694 as passed Diego, and aims to empower San Diego’s was intended to recognize the seminal con- NATIONAL INVASIVE SPECIES inner-city youth with courage and dignity as tribution of African American Gullah/Geechee AWARENESS WEEK, 2016 they confront life’s challenges. made to American culture and history. Throughout the years, ABC has moved These African Americans settled in the HON. DAN BENISHEK throughout the San Diego area, but its mission coastal states of South Carolina, Georgia, OF MICHIGAN remains the same. They offer after school North Carolina, and Florida. IN THE HOUSE OF REPRESENTATIVES learning programs, where students can do Since its passage, the Act has facilitated ef- homework and receive tutoring in a com- Thursday, February 25, 2016 forts in these identified coastal states in inter- fortable environment; they ensure that stu- preting the story and role of the Gullah/ Mr. BENISHEK. Mr. Speaker, I rise today in dents are able to ‘‘Bridge the Gap’’ during Geechee. honor of National Invasive Species Awareness school breaks, by providing hands-on edu- Additionally, through the work of the Com- Week, 2016, from February 21 to February 27. cational learning experiences and a meal free mission, efforts are now underway to preserve Invasive species cause widespread damage of charge; and in honor of Archie, they offer the Gullah/Geechee folklore, arts, crafts, and across the United States. Billions of dollars of year-round boxing classes, where students music. damage are caused by animals such as nutria can learn self-defense and build self-esteem. Most critically, the Act and extension of the in the South, sea lampreys in the Great Lakes, As you can see, Mr. Speaker, Archie’s legacy authorization of the tenure of the Commission Asian carp in the Mississippi Basin, and is alive and well in San Diego—it is seen in

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

VerDate Sep 11 2014 05:32 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.001 E25FEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E216 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2016 the thousands of students who have traveled California, on March 3, 2016. The Arbuckle This summer will mark the 72nd anniversary through ABC’s door in the past 59 years. Award recognizes excellence in the field of of the historic D-Day invasion of World War II. When Archie passed away, he handed the management leadership and a commitment to Nearly three-quarters of a century later, the torch on to his son, Billy Moore, who has addressing the changing needs of society. event is still revered by all Americans as an served as President of the ABC Foundation Dr. Esserman is a professor of surgery and example of our military’s strength and bravery. since 1998. Billy’s leadership as President of radiology, and the director of the Carol Franc However, the life-risking efforts of thousands ABC would make his father proud, as he has Buck Breast Care Center at the Helen Diller of Black veterans from the war have gone un- presented the ABC Concept in eleven commu- Family Comprehensive Cancer Center at the noticed. nity schools throughout the San Diego region University of California, San Francisco The 320th Barrage Balloon Battalion, a unit and ensured that students have the oppor- (UCSF). She is the founder and innovator-in- of all-Black soldiers, landed in France ahead tunity to rise up out of challenging cir- chief of the I–SPY TRIALs and I–SPY 2 Pro- of the main invasion force. The battalion’s job cumstances. grams: two remarkable collaborations between was to deploy and man an aerial barrage of On the occasion of this 100-year anniver- private biotech companies and federal insti- massive helium-filled balloons to protect the sary, we remember both the champion he was tutes that combine personalized medicine and American forces from enemy bomber air- in the ring and the impact he made out of the private trial design to create fast and cost effi- planes. The balloons forced enemy pilots to fly ring, by inspiring students to realize that Any cient breast cancer treatments. Under Dr. their planes at higher altitudes to avoid be- Body Can make a difference. Esserman’s deft leadership, the I–SPY 2 pro- coming entangled and made it harder to effec- f gram’s efficient and groundbreaking success tively aim their bombs. has made it an international model for Among the 320th was Waverly Woodson, HONORING THE LIFE OF RALPH translational cancer research. who enlisted in the Army on Dec. 15, 1942, NAPLES In May 2015, Dr. Esserman was awarded a during his second year of his pre-medical five-year $14.1 million grant from the Patient- studies. He did not wait to be called by the HON. TIM RYAN Centered Outcomes Research Institute draft; rather he decided to sacrifice his career, (PCORI). The award is being used to fund the OF OHIO comfort and life for his country and the world. 100,000 women clinical trial known as the IN THE HOUSE OF REPRESENTATIVES Woodson’s enlistment placed him in the Anti- WISDOM study to investigate whether a per- Artillery Officer Candidate School but he was Thursday, February 25, 2016 sonalized approach to breast cancer screening told upon completion of his training that there Mr. RYAN of Ohio. Mr. Speaker, I rise today is as effective as annual mammograms. Dr. was no spot open for him. Instead, he was to honor the life of Ralph Naples, the owner of Esserman has also served as a member of sent for medic training with the 320th Barrage the Golden Dawn Restaurant in Youngstown, President Obama’s Council of Advisors on Balloon Battalion. He was one of five medics Ohio which has served as a very special place Science and Technology Working Group on aboard a Landing Craft Tank that left England to both locals and travelers. Advancing Innovation in Drug Development on June 5, 1944, for a ninety-mile journey to- Mr. Naples was born on June 16th, 1919, in and Evaluation, and has published over 200 wards Omaha Beach. Youngstown, the son of Andrew and Mary works in notable scientific magazines. She re- Woodson’s voyage on June 6, 1944, was Carmen Agnone Naples. He attended The ceived her BA in the History of Science from commenced by a violent charge towards the Rayen School and later Youngstown College Harvard University, her MD from Stanford Uni- shore. Along with his unit, he valiantly stormed where he graduated with a degree in Chem- versity, and her MBA from Stanford Univer- Omaha Beach in the midst of mines, mortar ical and Metallurgical Engineering in 1941. sity’s School of Business. shells and heavy ammunition, with eyes fixes After university, Ralph enlisted in the U.S. Dr. Esserman is no ordinary physician. upon the mission of freedom that lay ahead. Army. In World War II, he served in the U.S. When she performs a surgery, it is a full-serv- As a medic, Woodson risked his life to save Army Air Corps as a bombardier and navigator ice operation. Dr. Esserman’s preparation for the crippled and bleeding out American war- on both the B–17 and the B–29 aircraft, ob- surgery begins days before—with singing riors clinging to their last thread of conscious- taining the rank of lieutenant. practice. She takes requests from patients, ness. He patched and resuscitated dozens if The Golden Dawn Restaurant, established and holds their hands during anesthesia while not hundreds of soldiers while he himself was in 1934, was co-owned by Ralph and his singing them to sleep. Dr. Esserman is known wounded by the shrapnel ripping away at his brother Carmen after the death of their par- for spending hours with her patients during of- legs. Woodson’s determined efforts directly in- ents. The ‘‘Dawn’’ became and still is a gath- fice visits, and even sends personal text mes- fluenced the result of this battle. ering place for families, fans and students of sages and returns late night phone calls to an- Though he was segregated into a racially Youngstown State University and Ursuline swer follow up questions whenever she can. organized regiment, he saved the lives of nu- High School, but really all are welcome. Ralph Mr. Speaker, I am honored to recognize the merous soldiers regardless of their skin color. was truly a known legend in Youngstown. hard work and dedication of Dr. Laura Woodson would later say, on that day ‘‘they Ralph leaves behind his sons, Andrew, Phil- Esserman to the City of San Francisco, to her didn’t care what my skin color was’’ and obvi- lip, Benedetto, Ralph, and Johnny; daughters husband, Michael Endicott, to her children, ously he did not care either. He was bonded Mary, Cathy, Christine, Casseday, and Annie; Mansa and Max, and to her patients. She is to his men by the camaraderie that only war 14 grandchildren and three great-grand- truly an inspiration to many, including myself, can provoke and a steadfast allegiance to de- children. He is survived by a sister, Antoinette and a most deserving recipient of the Earnest fending the greatest country in the world. His Hudson. C. Arbuckle Award. dedication broke down racial divides that day, The Naples family will continue to operate f and this is history that truly deserves recogni- the Golden Dawn. Mr. Naples was loved by all HONORING WAVERLY WOODSON tion. those in the community. He was a great man, DURING BLACK HISTORY MONTH Waverly Woodson Jr. was previously nomi- a gentle man and a great family man. He will nated for the Medal of Honor, but he never re- be missed by our entire community. HON. CHARLES B. RANGEL ceived it. Instead, he was given the Bronze Star, the fourth-highest military honor. There f OF NEW YORK exists no record of what happened to his nom- IN THE HOUSE OF REPRESENTATIVES HONORING LAURA ESSERMAN, MD, ination for the Medal of Honor. Not one of the MBA Thursday, February 25, 2016 thousands of Black soldiers who served in Mr. RANGEL. Mr. Speaker, as a young sol- World War II received a Medal of Honor in the HON. JACKIE SPEIER dier in the Korean War, I was honored to fol- immediate wake of the war. Something is det- OF CALIFORNIA low in the footsteps of many Blacks in the mili- rimentally wrong with that. IN THE HOUSE OF REPRESENTATIVES tary who exhibited extraordinary heroism and However, we can always remedy the mis- patriotism abroad despite facing discrimination takes of our past. In 1995, I was honored to Thursday, February 25, 2016 and challenges at home. I would not be where bring Woodson and a group of African-Amer- Ms. SPEIER. Mr. Speaker, I rise today to I am today if it were not for my service in the ican World War II veterans to the floor of the honor Laura Esserman, MD, MBA, of San Army. During our annual celebration of Black House Chamber and recognize these unsung Francisco, California, in recognition of her re- History Month, I would like to honor an unsung heroes for their forgotten service. As a veteran ceiving the Stanford Graduate School of Busi- hero from West Philadelphia named Waverly myself, I was moved to see that their sacrifice ness distinguished Earnest C. Arbuckle Award ‘‘Woody’’ Woodson, Jr., who served as a was no longer overlooked but there is more during its annual award ceremony in Stanford, young medic of World War II. work that we must do.

VerDate Sep 11 2014 05:32 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\K25FE8.003 E25FEPT1 emcdonald on DSK67QTVN1PROD with REMARKS February 25, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E217 Black History Month must continue to play a ture. Michael, thank you again for your hard have the racially segregated seating policies pivotal role in helping all of us remember, pre- work and dedication. declared unconstitutional. Represented by serve, and honor the accomplishments and f famed attorney Fred D. Gray, the case went contributions of the Black leaders of America. all the way to the Supreme Court, which de- The annual celebration serves as a poignant HONORING THE LIFE OF RUTH clared in favor of Ms. Colvin and her co-plain- reminder of how much Black history has been IRENE ANTHONY tiffs. It was a jubilant day in the history of the lost, forgotten, or in some cases, deliberately city of Montgomery, and an important victory erased from the record. The nation’s com- HON. TIM RYAN in the Civil Rights Movement. memoration of Black history is not for the OF OHIO Many people don’t know that Ms. Colvin Black community alone, but for our collective IN THE HOUSE OF REPRESENTATIVES subsequently relocated to my district in the and cohesive recognition of American history Thursday, February 25, 2016 Bronx, and has been a New Yorker for more as a whole. than 50 years. She worked for more than 30 f Mr. RYAN of Ohio. Mr. Speaker, I rise today years at a Catholic Nursing Home as a nurs- to honor the life of Ruth Irene Anthony, who ing assistant. She is the mother of two boys, RECOGNIZING MICHAEL SABLJAK passed away peacefully at the age of ninety and she has six adorable grandchildren. She on Sunday, February 14th, 2016, at her resi- has reaped the fruits of her labor through HON. ROBERT B. ADERHOLT dence surrounded by her loving family in Fort them. OF ALABAMA Myers, Florida. Ms. Colvin’s bravery that day in 1955, and IN THE HOUSE OF REPRESENTATIVES Ruth was born in Warren, Ohio on Dec. 9th, in the subsequent months and years as the 1925, to Daniel and Olive Webb McCormick. Thursday, February 25, 2016 case moved through the federal court system, Ruth married Lee Andrew Anthony on Janu- has not gone unnoticed. Ms. Colvin’s name Mr. ADERHOLT. Mr. Speaker, I would like ary 3rd, 1945. They resided most of their lives started surfacing during Black History Month to recognize Mr. Michael Sabljak, who is in- in Niles, in northeast Ohio where they raised as early as 1979. The Birmingham News did terning in my office as part of the Uni-Capitol their four children. Ruth and Lee became resi- a feature story in 1980. New York Governor Washington Program. The Uni-Capitol Wash- dents of Fort Myers in 1989. Mario M. Cuomo awarded her with the MLK, ington Program (UCWIP) has paired some of Ruth is survived by her beloved husband of Jr. Medal of Freedom in 1990. The Selma the brightest Australian students with various 71 years; their son George and three daugh- Times Journal featured her in 1991, The Na- congressional offices for almost two decades, ters, Sandra, Kathy, and Ruth along with 15 tional Voting Rights Museum and Institute and I am happy to be a host again this year. grandchildren; 18 great-grandchildren; and 14 added a picture display of Ms. Colvin in 1994. Michael comes from the University of Mel- great-great-grandchildren. She was featured in the cover story of USA bourne where he is studying for his Juris Doc- Ruth will be greatly missed by her loving Today Newspaper on November 25, 1995, the tor degree. Over the past couple of months, I family, friends, and neighbors, not only in Ohio Montgomery Advertiser in 1996 and the Wash- have found him to be outstanding in his duties but in her home of Florida as well. ington Post on April 12, 1990. She has been and continually going above and beyond the f mentioned in several books such as ‘‘Free- call of duty. He has attended committee hear- HONORING CLAUDETTE COLVIN dom’s Children’’ by Ellen Levine, ‘‘Parting the ings, assisted with constituent correspond- Waters’’ by Taylor Bunch, ‘‘Bus Ride to Jus- ence, and assisted me, as well as my staff, ´ tice’’ by Fred D. Gray, ‘‘The Montgomery Bus with research. He was asked to travel down to HON. JOSE E. SERRANO Boycott and the Women Who Started It’’, and Alabama during the latter part of February, OF NEW YORK the memoirs of JoAnn Gibson Robinson, to and Michael and I travelled over 700 miles IN THE HOUSE OF REPRESENTATIVES name a few. across the Fourth Congressional District. His Thursday, February 25, 2016 I am proud to add to that recognition today. Australian accent has garnered the friendly at- Ms. Colvin has been a pillar of the Bronx for tention of many of my constituents on tours Mr. SERRANO. Mr. Speaker, this month we so long, and her story is one that all Bronxites, and over the phone. Michael’s commitment, take time to commemorate the innumerable and Americans, should know. hard work, and presence have been an asset contributions that African Americans have— Mr. Speaker, I respectfully ask that you and to the office and he will be sorely missed by and continue to make—to our Nation. Today, my other distinguished colleagues join me in all. I would like to rise and honor a resident of my honoring Ms. Claudette Colvin, a civil rights The program has been in force for 17 years district who is a pioneer and trailblazer for the pioneer, for her legacy and devotion to fighting thanks to the vision of Eric Federing, its direc- Civil Rights Movement—Ms. Claudette against injustice. tor and founder. The students who are se- Colvin—for her many years of advocacy and lected come from a variety of academic dis- impact that she’s had throughout the United f ciplines, but all have a common interest: pro- States. moting the U.S.-Australia relationship. These Ms. Colvin was born on September 5, 1939 TRIBUTE TO DONALD AND student placements are enhanced by the for- in Birmingham, Alabama to C.P. Austin and MARILYN HILYARD mation of genuine friendships and the ex- Mary Jane Austin (Gadson). She is the oldest change of views and ideas between the Aus- of eight sisters. During her early childhood her HON. DAVID YOUNG tralian interns and their respective offices. We adopted parents, Q.P. and Mary Ann Colvin OF IOWA are grateful for these friendships, and it is our lived in the rural community of Pine Level, Ala- IN THE HOUSE OF REPRESENTATIVES hope that they strengthen the diplomatic ties bama. Ms. Colvin attended the Springhill Bap- of our great countries. tist Elementary School but later she moved to Thursday, February 25, 2016 I would like to also thank Eric Federing for Montgomery and lived in an area called King Mr. YOUNG of Iowa. Mr. Speaker, I rise the opportunity to host Michael over the past Hill. She attended Booker T. Washington today to recognize and congratulate Donald several weeks through the program. To date, School from 1949 to 1956. While she didn’t and Marilyn Hilyard of Cumberland, Iowa, on over 180 interns have come through his pro- finish her senior year, she later received her the very special occasion of their 65th wed- gram, representing 10 different universities G.E.D. and attended the Alabama State ding anniversary. They were married in 1950. over the program’s lifetime. It enhances oppor- Teachers College in Montgomery for one year. Donald and Marilyn’s lifelong commitment to tunities for the individuals who come, and en- Ms. Colvin is one of the unsung heroes of each other and their children, Donald, Jr., lightens those who they come to. After the in- the Civil Rights Movement. At the age of fif- Sheryl, Kathy, Duane, and Sara, their grand- ternship, many receive jobs on Capitol Hill in teen, she played a critical role in deseg- children and their great-grandchildren, truly Washington, D.C. or go to work with Federal regating the buses in Montgomery, Alabama. embodies Iowa values. It is because of Iowans or various State Parliaments in Australia. Many people don’t know that nine months be- like them that I’m proud to represent our great Other interns have gone on to work in the fore Rosa Parks was arrested for her act of state. Australian Embassy or The World Bank. Sim- courage in favor of equal treatment, Ms. Mr. Speaker, I commend this great couple ply put, this program selects incredibly tal- Colvin was arrested on March 2, 1955 for a on their 65th year together and I wish them ented individuals who are a pleasure to host similar act of peaceful resistance. She subse- many more. I ask that my colleagues in the and work with. It was an honor to have Mi- quently became one of the four plaintiffs in United States House of Representatives join chael in our office over the past couple of Browder v. Gayle. The plaintiffs sought equal me in congratulating them on this momentous months, and I wish him the very best in the fu- rights in Montgomery’s busing system, and to occasion.

VerDate Sep 11 2014 05:32 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.003 E25FEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E218 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2016 DIANE ENGLET—WOMAN OF THE It can be difficult to cope with a loss of such ing the turmoil. Throughout the following four YEAR a great person as Russell, but we can all take decades, Taiwan remained under martial law comfort in the fact that he led a long and ful- that lasted until 1987. HON. PETE OLSON filling life. The ‘‘2–28’’ Massacre had far-reaching im- OF TEXAS f plications. The Taiwanese democracy move- IN THE HOUSE OF REPRESENTATIVES ment that grew out of the incident helped pave TRIBUTE TO THE COMMUNITY Thursday, February 25, 2016 the way for Taiwan’s momentous trans- COLLEGES OF IOWA formation from living under a dictatorship to a Mr. OLSON. Mr. Speaker, I rise today to thriving democracy. congratulate Diane Englet of Sugar Land, TX HON. DAVID LOEBSACK I urge other Members to join me in com- for being recognized as one of Houston’s 50 OF IOWA memorating this important historical event. Most Influential Women of 2015 by Houston IN THE HOUSE OF REPRESENTATIVES f Woman Magazine. Through her years of employment at Thursday, February 25, 2016 HONORING MRS. SADIE MAE CenterPoint Energy, Diane Englet has worked Mr. LOEBSACK. Mr. Speaker, Mr. YOUNG LUSTER ROYALL her way up to the title of senior director of and I rise today to recognize and congratulate Corporate Community Relations by graciously the community colleges of Iowa for 50 years HON. JEB HENSARLING serving the community. In this position, she of outstanding service to the state. The com- OF TEXAS supervises the development of the company munity colleges of Iowa have expanded to be- IN THE HOUSE OF REPRESENTATIVES and institutes involvement in society by pro- come our largest provider of postsecondary moting the importance of education and by education. Thursday, February 25, 2016 providing a healthy and stable environment for On June 7, 1965, Iowa Governor Harold Mr. HENSARLING. Mr. Speaker, today I am families experiencing crisis. Englet is a true Hughes signed the first bill into law allowing humbled to honor Mrs. Sadie Mae Luster representation of compassion through her for the opening and operation of community Royall—a remarkable lady who resided in dedication to creating a better community for colleges in the state of Iowa. The following in- Henderson County, Texas. Houston area residents. stitutions were officially designated the next As we celebrate ‘‘Black History Month,’’ it is On behalf of the Twenty-Second Congres- year: Northeast Iowa, North Iowa Area, Iowa important that we take time to recognize Afri- sional District of Texas, congratulations again Lakes, Northwest Iowa, Iowa Central, Iowa can-Americans who made remarkable con- to Diane Englet for being named one of Hous- Valley, Hawkeye, Eastern Iowa, Kirkwood, tributions to their family and community. ton’s 50 Most Influential Women of 2015. We Des Moines Area, Western Iowa Tech, Iowa ‘‘Mama Sadie,’’ as she was affectionately re- thank her for all of her hard work. Western, Southwestern, Indian Hills, and ferred to by those who knew her, was truly f Southeast Iowa. one of those people. HONORING THE LIFE OF RUSSELL These fine institutions now provide acces- Mrs. Royall always had high aspirations and J. BRODE sible and affordable education, not only to dreams. It was her desire to help and care for Iowans, but to students across the country people in their time of need that led her to put HON. TIM RYAN and the world. Their offerings include a wide- herself through, what was then, Henderson ranging, diverse curriculum that serves Iowa’s County Junior College. After becoming a Li- OF OHIO specific workforce needs, including Iowa busi- censed Vocational Nurse, Mrs. Royall became IN THE HOUSE OF REPRESENTATIVES nesses competing in a global market. Iowa the first African-American nurse to work for the Thursday, February 25, 2016 businesses in need of highly trained, special- Henderson County Memorial Hospital in Ath- Mr. RYAN of Ohio. Mr. Speaker, I rise today ized workers turn to our community colleges to ens, Texas. For an extraordinary 42 years, to honor the life of Russell J. Brode, 80, who fill the new, high-paying, high-skilled positions ‘‘Mama Sadie’’ cared for and comforted count- passed away on February 19, 2016. He was of tomorrow. less patients and their families, and was born on April 11, 1935 in Ravenna, Ohio, a Mr. Speaker, it is our honor to represent known for her incredible work ethic. Though it son of Ralph and Beulah Brode. Iowa’s community colleges in the United was her desire to make an impression on her Russell had a career with Ohio Bell and States Congress and it is with great pride that daughters that drove her, there is no doubt AT&T for forty years. He was also a member we recognize them today. We ask that our col- this remarkable woman made an indelible im- of the Ravenna Volunteer Fire Department. leagues in the United States House of Rep- pact on her community as well. Russell was a great patriot and proudly served resentatives join us in congratulating Iowa’s Mrs. Royall—who sadly passed away on the Naval Reserve Seabee Construction Force community colleges on celebrating their 50th December 3, 2015 at the age of 90—was a from 1951–1959. Russell loved his family. He year and for providing a high quality, afford- life-long resident of Athens, Texas. She mar- had a warm heart and was always willing to able education for all Iowans. We wish them ried her beloved husband, Robert Lee Royall, help others. nothing but continued success in the years to on September 4, 1941. They were blessed The Reverend Deacon Russell Brode was come. with four daughters—Mary Royall, Betty Allen, ordained as a Permanent Deacon for the Dio- f Bobbie Royall, and Alice Lynch—and six cese of Youngstown in 1995. From that point grandchildren—Terry Royall, Russell Allen, on, he served as a Deacon for the Immaculate RECOGNIZING THE 69TH COM- D’Undra Wasson, Marcus Royall, Chris Lynch, Conception Parish in Ravenna, Ohio. Deacon MEMORATION OF TAIWAN’S ‘‘2–28 and Kevin Lynch. Brode also shared his faith through his active MASSACRE’’ It is truly an honor to represent remarkable service in the prison ministry at the Trumbull individuals like Mrs. Sadie Royall. There is no Correctional Institute. In addition to faith and HON. SCOTT GARRETT doubt that her legacy lives on through her family, Russ was dedicated to supporting the OF NEW JERSEY family and in the community she loved and youth of the Ravenna area. He was a founder IN THE HOUSE OF REPRESENTATIVES served. of the Portage, Stark and Summit County Thursday, February 25, 2016 f youth wrestling program, as well as an OHSAA wrestling official, and coached many Mr. GARRETT. Mr. Speaker, I rise today to ROCHESTER INSTITUTE OF TECH- different youth basketball and baseball teams observe the 69th commemoration of Taiwan’s NOLOGY’S GRAVITATIONAL over the years. ‘‘2–28 Massacre.’’ WAVE DISCOVERY Russell will be deeply missed by his family. On February 28, 1947, the brutal arrest of a He leaves behind his wife of sixty years, San- female civilian in Taipei led to large-scale pro- HON. LOUISE McINTOSH SLAUGHTER dra (Winkler) Brode. Together, Russell and tests by the native Taiwanese against the Chi- OF NEW YORK Sandra raised seven children, Kathleen (John) nese Nationalist government. IN THE HOUSE OF REPRESENTATIVES McHugh, David, Dennis, Robert (Liz), Russell, During the following days, government Kim Paull, and Linda (Robert) Corcoran. Rus- troops arrived from mainland China. These Thursday, February 25, 2016 sell also leaves behind his sister, Dolores soldiers began capturing and executing lead- Ms. SLAUGHTER. Mr. Speaker, two weeks (David) Middleton; twenty-three grandchildren; ing Taiwanese lawyers, doctors, students, and ago, our understanding of the universe leapt twenty-three great-grandchildren, many nieces other citizens. It is estimated that between forward when gravitational waves were first and nephews, and countless friends. 10,000 and 30,000 people lost their lives dur- detected. I rise today to recognize that

VerDate Sep 11 2014 05:32 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.007 E25FEPT1 emcdonald on DSK67QTVN1PROD with REMARKS February 25, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E219 achievement and honor six researchers from American War and the Philippine Insurrection Sixty days later General Sam Houston and his the Rochester Institute of Technology (RIT) founded organizations to assist wounded and Texians defeated Santa Anna in the marshy who were part of one of the most significant sick veterans with securing benefits as there plains of San Jacinto, winning independence scientific discoveries in a century. was no medical care or veterans’ pension. from Mexico, once and for all. Travis’s letter is While hundreds of scientists worked to- Some of these veterans collaborated and a remarkable and inspirational statement for gether to make this discovery, I am especially started organizations which would be known freedom and the spirit of liberty. Col. Travis is proud of the researchers from RIT—James as the VFW. The first chapters, founded in one reason my oldest grandson is named Healy, Jacob Lang, Carlos Lousto, Richard Ohio, Colorado, and Pennsylvania, quickly ex- ‘‘Barrett Houston.’’ O’Shaughnessy, John Whelan, and Zhang panded reaching over 5,000 members by And that is just the way it is. Yuanhao. All of these researchers are mem- 1915; by 1936, membership had grown to f bers of RIT’s Center for Computational Rel- nearly 200,000. ativity and Gravitation, which is led by The VFW was an instrumental voice in the IN RECOGNITION OF DAVID Manuela Campanelli. Her team was one of the establishment of the Department of Veterans BIEGLER first groups to initially solve Albert Einstein’s Affairs, GI Bill for the 20th century, national strong field equations describing black hole cemetery system, and compensation for Viet- HON. PETE SESSIONS mergers. Because of this legacy, it is fitting nam veterans exposed to Agent Orange and OF TEXAS that the recent discovery helps further confirm veterans diagnosed with Gulf War Syndrome. IN THE HOUSE OF REPRESENTATIVES Einstein’s general theory of relativity. The VFW championed the 21st century GI Bill, Thursday, February 25, 2016 As the only microbiologist in Congress, I passed in 2008, providing educational benefits know that every scientist hopes to have their to active-duty service members, and members Mr. SESSIONS. Mr. Speaker, I rise today to predictions verified by direct observation. I of the Guard and Reserves. recognize the work of an outstanding Texan, also know that this is relatively rare, so I stand It is my distinct pleasure to commend the David Biegler, as he completes his distin- in awe of this RIT team that accurately mod- VFW Post 5277 on their 70th anniversary, and guished work as the long-term Chairman of eled the merger of two black holes and pre- I join the VFW in expressing appreciation for the Board for Children’s Health System of dicted the gravitational waves that were de- our veterans and those currently serving in the Texas (CHST). While serving as Chairman for tected. This monumental achievement marks United States military. Children’s Health System of Texas, Mr. yet another chapter in Rochester’s rich history f Biegler served as Chairman of the Board of as a center of scientific innovation and dis- Directors of Southcross Energy since 2011 COL. WILLIAM BARRETT TRAVIS covery. and has more than 47 years of experience LETTER Rochester has helped pioneer important re- within the energy industry. search and develop innovative products such Children’s Health Systems of Texas’ original as the Kodak Brownie camera, the Norden HON. TED POE location is in Dallas and has now grown to in- bombsight, and myriad high-powered lasers. OF TEXAS clude the more than 30 other specialty and Established in 1829, RIT has not only played IN THE HOUSE OF REPRESENTATIVES pediatric care centers located throughout a critical role in Rochester’s past, it continues Thursday, February 25, 2016 North Texas. Children’s Health Systems of to ensure that Rochester remains a global Texas remains the seventh largest pediatric Mr. POE of Texas. Mr. Speaker, I submit health care provider in the country—with more center of excellence. RIT makes invaluable the following letter: scientific contributions to the research commu- than 850,000 patient encounters annually and COL. WILLIAM BARRETT TRAVIS LETTER performing more than 28,600 surgeries at its nity, but it is also a cornerstone of the Roch- FEBRUARY 24, 1836 ester community and helps provide local busi- two full-service campuses in Dallas and Plano. There are those in history that paid for our Children’s Health is the only academic nesses with the talent they need to flourish. freedoms with their lives. In 1836 Texas was Perhaps one of the most exciting aspects of fighting for its independence from the dic- healthcare system in the Dallas-Fort Worth this discovery is that it allows us to pose new tator of Mexico, Santa Anna. A small band of area dedicated solely to the comprehensive questions and push the bounds of our collec- 180 patriots from numerous nations and care of children from birth to age 18. Chil- tive knowledge. There’s no doubt in my mind states, of several races, stood defiant at the dren’s Health has also been recognized as (1) that RIT will play an essential role in these Alamo (in now San Antonio,) from Santa one of the most connected hospitals in the na- forthcoming discoveries, and I am proud that Anna’s enormous invading army. The leader tion for its excellence in patient safety, patient of the Texian patriots was a 27 year old law- millions of people will continue learning about engagement and clinical connectedness; (2) yer from South Carolina by the name of Wil- one of only six STS three-star designations for the world around us thanks to the contribu- liam Barrett Travis. Surrounded by the tions of researchers like Dr. Campanelli and enemy, Travis penned his famous letter congenital heart surgery; (3) a Level IV Neo- the other members of her team. seeking aid for the defense of liberty. It was natal Intensive Care Unit—the highest quali- Mr. Speaker, I ask my colleagues to join me 180 years ago: fication for such programs; and (4) a Level 1 in applauding all of the individuals who helped BEJAR, FEBY. 24TH. 1836 Trauma Center for pediatric care. contribute to this monumental discovery and COMMANDANCY OF THE ALAMO, I have seen the power of Children’s Health TO THE PEOPLE OF TEXAS & ALL AMERICANS especially the six researchers from RIT. These System of Texas as both a Member of Con- IN THE WORLD—FELLOW CITIZENS & COM- Rochesterians have helped fundamentally gress and as the father of a patient. Our re- PATRIOTS—I am besieged, by a thousand or gion is blessed to have the resources and ex- change our understanding of the world, and I more of the Mexicans under Santa Anna—I am proud to support their work in Congress. have sustained a continual Bombardment & pertise of CHST medical professionals and staff available to meet the needs of our chil- f cannonade for 24 hours & have not lost a man—The enemy has demanded a surrender dren. So much of the CHST success story is RECOGNIZING THE 70TH at discretion, otherwise, the garrison are to due to the involved engagement of civil lead- ANNIVERSARY OF VFW POST 5277 be put to the sword, if the fort is taken—I ers like David Biegler. Together, those leaders have answered the demand with a cannon have ensured the children of our region would shot, & our flag still waves proudly from the never have to leave home to have the best HON. DANIEL WEBSTER walls—I shall never surrender or retreat. OF FLORIDA Then, I call on you in the name of Liberty, possible medical care. IN THE HOUSE OF REPRESENTATIVES of patriotism & everything dear to the Amer- I have personally had the opportunity to ican character, to come to our aid, with all work with Mr. Biegler over the years in Dallas Thursday, February 25, 2016 dispatch. The enemy is receiving reinforce- on a number of issues important to our com- Mr. WEBSTER of Florida. Mr. Speaker, this ments daily and will no doubt increase to munity, region and state. Besides serving as year, the Veterans of Foreign Wars (VFW) three or four thousand in four or five days. the Chairman of the Board at CHST, David Post 5277, William Alfred Suggs Memorial If this call is neglected, I am determined to has served as a director of Southwest Airlines Post in Clermont, Florida, celebrates 70 years sustain myself as long as possible & die like Co. and Trinity Industries, Inc. David has also a soldier who never forgets what is due to his of service to veterans and their families. own honor & that of his country—Victory or been recognized as an outstanding board The Veterans of Foreign Wars (VFW) is a Death. member of CHST time and time again. In strong advocate for veterans ensuring they re- WILLIAM BARRETT TRAVIS, 2015 alone, he was recognized by the Texas ceive their earned entitlements and the care Lt. Col. Comdt, The Alamo. Healthcare Trustees as an outstanding board they deserve. The history of the VFW dates Mr. Speaker, Col. Travis and his Texians all member and by the Dallas-Fort Worth Hospital back to 1899 when veterans of the Spanish- died defending our freedom at the Alamo. Council with the Kerney Laday, Sr. Trustee of

VerDate Sep 11 2014 05:32 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\K25FE8.010 E25FEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E220 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2016 the Year Award for his dedication and commit- has helped fundraise over $700 million toward ‘‘Willie’’ Fritz, First Selectman since 2005, ment to CHST for over 20 years. building more than 4,500 homes and apart- spent his decade of tenure leading the town Mr. Speaker, I ask my esteemed colleagues ments for low and very low-income residents into improved financial and physical shape, to join me in wishing him all the best in his fu- in the Coachella Valley. Furthermore, under and constantly making himself accessible to ture endeavors. Mr. Mealey’s guidance, CVHC has created town residents. Willie’s public service started f home ownership opportunities from Palm in Clinton local government in 2000, when he Springs to Blythe in the 36th Congressional served on the Public Works and Planning and HONORING ZION BAPTIST CHURCH district. This translates into a dream come true Zoning Commissions and immediately dis- for families and a better and brighter future for played a knack for putting the town’s needs HON. KEITH ELLISON generations to come. into action. OF MINNESOTA In 2002, the Board of Directors and employ- After his election as first selectman in 2005, IN THE HOUSE OF REPRESENTATIVES ees of the CVHC established the JFM College Willie championed the needs of the people of Thursday, February 25, 2016 Scholarship Fund Program in honor of Mr. Clinton. His legacy is visible in the beautiful buildings and public spaces around town. Mr. ELLISON. Mr. Speaker, I rise today in John F. Mealey. The Scholarship fund awards scholarships annually to students who reside These efforts resulted in numerous state honor of Zion Baptist Church, to recognize grants for the Main Street streetscape, the and commemorate 127 years of religious de- in affordable housing communities developed by CVHC. The JFM has generated half a mil- renovation of the Town Dock uplands, and a votion through community building and advo- modern multi-use turf field at the Indian River cacy in North Minneapolis. lion in scholarship funds and benefitted more than 600 students. Recreation Complex. Each of these spaces Zion Baptist Church, founded in 1889, has and the value they provide to the Clinton com- sought to provide a strong, steadfast founda- Mr. Mealey’s extraordinary career began in Philadelphia at a nonprofit housing organiza- munity is a testament to Willie’s achievements tion for their congregants through biblical as a local leader. teaching, equipping families through faith, and tion. Before joining CVHC in 1982, he worked at the Riverside Department of Housing and One of Willie’s noteworthy achievements fostering an uncompromising belief in God. was in managing the renovation of the An- The church has fought for important changes Community Development. Mr. Mealey also served as a board member on the California drews Memorial Town Hall. After two decades in policy, community support systems, and of inattention, the hall’s magnificient architec- physical safety—all led by their deep devotion Coalition for Rural Housing, the National Rural Housing Coalition and the National Equity ture required urgent repairs and adjustments. to their faith. Willie secured vital funds from the state Com- For four decades, until 2012, the Reverend Fund. Amongst the numerous reputable recogni- mission on Historic Preservation, and Curtis Herron led his congregation on the be- utlimately restored the hall to its former glory. lief that ‘‘the church started in the building, but tions that Mr. Mealey has obtained throughout his remarkable career, he recently was hon- The beloved building, which houses offices, ended in the world.’’ Through his advocacy for meeting rooms, a kitchen and auditorium, is affordable housing, racial equity, and job cre- ored with the Rural Community Assistance Corporation (RCAC) award. This distinction is now fit for use by the community, and is a ation, Reverend Curtis Herron championed destination for architecture historians and stu- substantial improvements for Zion Baptist presented to those individuals who dem- onstrate the lifetime achievement of leadership dents. Church, and the Minneapolis community as a Willie has also had a hand in the construc- in rural development, building and sustaining whole. The people of Zion Baptist Church tion of the new Morgan High School, and in an organization that benefits rural communities have guided families along the path of faith bringing new senior housing to Clinton. As and has a regional impact. while engaging them in local issues; and they Willie has said ‘‘Nobody is more hands-on Mr. Speaker, I am proud to recognize Mr. show no signs of slowing down. than a first selectman in a smaller town.’’ Mealey who for nearly four decades dedicated Zion Baptist Church is one of the largest Willie has been an exemplary town leader; re- his time to better the lives of underserved and most influential African American church- sponsive to his neighbors, forward-thinking in communities. For his work and on behalf of es in Minneapolis, and for the last 127 years his vision for the town, and full of energy. His the thousands of families of the 36th district of their advocacy has helped make our commu- extraordinary career for some of us is not too California, I would like to offer my sincerest nity the best it can be. Their legacy of lifting surprising. After all, his mother Mary Fritz is a thanks and congratulate Mr. Mealey for his ex- up the most vulnerable in our community legendary State Representative in the Con- ceptional commitment. I wish him and his wife should serve as a reminder that faith calls us necticut General Assembly, representing the Patricia the best on his well-deserved retire- to stand up against injustice, no matter the towns of Cheshire and Wallingford. I not only ment. form. served with Mary during my time as a State f f Representative, but sat next to her on the HONORING JOHN MEALEY ON THE PERSONAL EXPLANATION House Floor. She has the same commitment OCCASION OF HIS RETIREMENT to the public interest as her son, and the State AS FOUNDING EXECUTIVE DI- HON. BARBARA LEE of Connecticut has benefitted greatly from the Fritz legacy. RECTOR OF COACHELLA VALLEY OF CALIFORNIA HOUSING COALITION I truly believe that Willie’s work for the peo- IN THE HOUSE OF REPRESENTATIVES ple of our state is not done and hope he will HON. RAUL RUIZ Thursday, February 25, 2016 find new ways to contribute to the public good. Ms. LEE. Mr. Speaker, I was unavoidably I ask my colleagues to please join me in OF CALIFORNIA thanking Willie for his many years of service IN THE HOUSE OF REPRESENTATIVES delayed and not present for roll call votes 83 and 84. as First Selectman in Clinton, and in wishing Thursday, February 25, 2016 Had I been present. I would have voted yes him well in the years to come. Mr. RUIZ. Mr. Speaker, today I am honored on both Number 83 and Number 84. f to congratulate John Mealey on his retirement f OUR UNCONSCIONABLE NATIONAL after 34 years of leadership in helping build DEBT communities and changing lives for thousands HONORING WILLIE FRITZ FOR HIS of farmworkers, service workers, and chron- DECADE OF LEADERSHIP AS HON. MIKE COFFMAN ically ill residents through the Coachella Valley FIRST SELECTMAN OF CLINTON, OF COLORADO Housing Coalition (CVHC). CT IN THE HOUSE OF REPRESENTATIVES In 1982, Mr. Mealey led the way with com- munity leaders to address the housing needs HON. JOE COURTNEY Thursday, February 25, 2016 of hundreds of low income families in the OF CONNECTICUT Mr. COFFMAN. Mr. Speaker, on January Coachella Valley by forming CVHC. That IN THE HOUSE OF REPRESENTATIVES 20, 2009, the day President Obama took of- same year, CVHC received its first grant of fice, the national debt was Thursday, February 25, 2016 $10,000 from Aetna Foundation and in 1986 $10,626,877,048,913.08. they built the first low-income farmworkers Mr. COURTNEY. Mr. Speaker, today I rise Today, it is $19,064,879,099,682.52. We’ve complex in Coachella, Ca. to thank a public servant from Clinton, Con- added $8,438,002,050,769.44 to our debt in 6 Fast-forwarding three decades—and thanks necticut who has served his community with years. This is over $7.5 trillion in debt our na- to Mr. Mealey’s diligent work and vision—he distinction for more than ten years. Mr. William tion, our economy, and our children could

VerDate Sep 11 2014 05:32 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K25FE8.013 E25FEPT1 emcdonald on DSK67QTVN1PROD with REMARKS February 25, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E221 have avoided with a balanced budget amend- tration and Minor in Religious Studies. He con- TRIBUTE TO BRENNA ment. tinued his studies at Alliance Theological Sem- WESTERGAARD f inary, Unification Theological Seminary and later obtained a Bachelor’s of Theology from HON. DAVID YOUNG SUCCESS STEMS FROM HARD American International Theological Seminary. OF IOWA WORK He was ordained to be the Assistant Pastor of IN THE HOUSE OF REPRESENTATIVES Union Grove Missionary Baptist Church by Dr. Thursday, February 25, 2016 HON. PETE OLSON Fletcher Crawford in August 1988. Mr. YOUNG of Iowa. Mr. Speaker, I rise OF TEXAS Reverend Crawford is the third generation of today to recognize and congratulate Brenna IN THE HOUSE OF REPRESENTATIVES his family to serve as pastors of Union Grove Missionary Baptist Church. His father, Dr. Westergaard for earning an American FFA Thursday, February 25, 2016 Fletcher Crawford served for fifty years and Degree. Brenna was recently awarded at the Mr. OLSON. Mr. Speaker, I rise today to his grandfather, Rev. Jeremiah Crawford, or- National FFA Convention and Expo in Louis- congratulate Kalpana Vaidya of Sugar Land, ganized this community institution in 1946. ville, Kentucky on October 31, 2015. She was Texas for being a Distinguished Finalist in the Prior to his leadership at Union Grove Mis- a member of the Adair-Casey FFA Organiza- Texas’ Top Youth Volunteers of 2016, given sionary Baptist Church, Reverend Crawford tion and is the daughter of Lori Westergaard by The Prudential Spirit of Community was the pastor at the First Calvary Baptist and Kevin Westergaard. Awards. Church in Harlem, NY for twenty years before The American FFA Degree is awarded to Kalpana is a senior at Stephen F. Austin being called back to Union Grove Missionary members who have demonstrated the highest High School and a scout in the Girl Scouts of Baptist Church in 2006. Upon Dr. Fletcher level of commitment to FFA and made signifi- San Jacinto Council troop. Her community Crawford’s retirement, Rev. Frederick cant accomplishments in their supervised agri- service project, ‘‘The World of Science’’ is a Crawford was installed as Pastor at Union cultural experience. Brenna had to meet cer- hands-on Science, Technology, Engineering Grove Missionary Baptist Church on August tain requirements, such as studying agriculture and Math education (STEM) activity for kinder- 20, 2006. Pastor Crawford is happily married for three years in high school, earning money gartners up to eighth-graders. Now becoming to Lady Antoinette Crawford, and they have in an agriculture field and investing that money an annual affair, her project was sponsored by four children; Lamont, Shapri, Hezekiah, and into her business, participation in community the Austin High School Honor Society and Chloe. service and having a record of outstanding helped them raise $2,000. Kalpana’s activity Under his leadership, Union Grove Mis- leadership ability and community involvement. has also attracted organizations such as the sionary Baptist Church has created numerous Mr. Speaker, it is an honor to represent Houston Natural Science Museum and the programs to assist families in the Bronx. Many leaders like Brenna in the United States Con- Baytown Nature Center. Her efforts in creating of those programs focus on addressing a seri- gress and it is with great pride that I recognize this activity led her to become a distinguished ous issue in the Bronx—hunger and food inse- and applaud her for utilizing her talents to finalist in The Prudential Spirit of Community curity. Through Reverend Crawford’s leader- reach her goals. I ask that my colleagues in Awards. These awards recognize talented ship, Union Grove feeds more than 1,000 fam- the United States House of Representatives young men and women across America that ilies every year during Thanksgiving Week, join me in congratulating her on receiving this have graciously served their communities. providing them with enough food for a family esteemed designation, and wishing her noth- On behalf of the Twenty-Second Congres- of four for a week. The church also runs an ing but the best of luck in the future. sional District of Texas, congratulations again important food pantry that offers needy f to Kalpana Vaidya for being a Distinguished Bronxites produce, meats, breads, dairy, juice, IN RECOGNITION OF THE 40TH Finalist. We are so proud of her and can’t wait water, dry and can goods at no charge. Addi- ANNIVERSARY OF EFFIE YEAW to see what she does next. tionally, Reverend Crawford leads a daily f Summer Food Program at Union Grove Mis- HON. DORIS O. MATSUI sionary Baptist Church, which provides more OF CALIFORNIA HONORING REVEREND FREDERICK than 300 meals for breakfast and lunch for IN THE HOUSE OF REPRESENTATIVES CRAWFORD those in need. The church is also very in- volved in numerous other issues as well and Thursday, February 25, 2016 HON. JOSE´ E. SERRANO has an annual Back To School Health and Ms. MATSUI. Mr. Speaker, I rise today to OF NEW YORK Community Awareness Fair that helps stu- recognize the Effie Yeaw Nature Center as it IN THE HOUSE OF REPRESENTATIVES dents prepare for school and includes free celebrates its 40th anniversary. As its board of food, entertainment, clothes, books and book directors, staff, volunteers, and local nature Thursday, February 25, 2016 bags. Pastor Crawford has also created Union enthusiasts gather to celebrate this wonderful Mr. SERRANO. Mr. Speaker, it is with great Grove Missionary Baptist Church’s annual Dr. occasion, I ask all of my colleagues to join pleasure that I rise during this month, dedi- Martin Luther King, Jr. Day Celebration to en- men in recognizing and honoring the Effie cated to the celebration of African Americans gage the community in honoring Dr. King. I Yeaw Nature Center for its contributions to the who have made great contributions to the have had the honor of speaking at this impor- Sacramento Region. world, to pay tribute to Reverend Frederick tant community event several times. The American River is an incredibly impor- Crawford for his many years of compassionate As Reverend Crawford has made Union tant part of our region and Effie Yeaw is the service and tireless work to improve the lives Grove Missionary Baptist Church an integral only environmental education center on the of our community residents. member of the Bronx community, he has also 23-mile American River Parkway. The 80-acre Reverend Frederick Crawford is the Senior been called to serve in leadership roles in nu- nature preserve with river access, oak wood- Pastor of Union Grove Missionary Baptist merous other organizations. He has served as lands, meadows, and ponds truly engages Church and the founder of Faithbook, which is the President of the Baptist Minister’s Evening children and adults of all ages through their a public group on Facebook designed to in- Conference of the Bronx, NY, and is also a interactive exhibits and programs. These pro- spire and encourage via the internet. Estab- member of the Baptist Ministers Conference of grams are essential to teaching our youth lished in 2014, Faithbook has more than 3,000 Greater New York and Vicinity, the United about the importance of protecting our local members and counting. This group was de- Missionary Baptist Association and The Na- environment and the animals that inhabit it. signed by Rev. Crawford to encourage, tional Baptist Convention USA. Rev. Crawford In 1955 Effie Yeaw, a teacher and environ- strengthen, and pray for believers in Christ. has received numerous awards and accolades mental educator, began leading natural history Members are welcomed to post prayers, including the Religious Community Leader walks in an area now known as the Effie words of encouragement, scriptures, testi- Award in 2007 from the NAACP. Yeaw Nature Center and Nature Area, located monies, prayer requests, sermons, pictures, Reverend Crawford is a pillar of our commu- along the American River in Carmichael. Effie videos, and advertisements of church events. nity, and it is only fitting that he is honored for Yeaw’s efforts to raise awareness for pre- Reverend Crawford is a native of the Bronx. his work on behalf of others. Mr. Speaker, I serving the lands along the river have been He is the oldest of four children born to Rev- respectfully ask that you and my other distin- critical to the health of our local ecosystem. erend Dr. Fletcher and Mother Arnetta guished colleagues join me in honoring Rev. Her concept of a ‘‘Parkway’’ along the river Crawford. He graduated from Eastern Men- Frederick Crawford for his consistently remark- has served as a guiding principal that has nonite College and Seminary where he earned able dedication to service and longstanding shaped the landscape of our region for the a Bachelor’s of Science in Business Adminis- commitment to improving our community. better.

VerDate Sep 11 2014 05:32 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.010 E25FEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E222 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2016 Though Effie Yeaw died in 1970, her legacy KIDS WORKING TO KEEP TEXAS integrity, and was a strong man of faith, and lives on in the American River Parkway she BULLY FREE it was exhibited in everything he did and every helped to establish. Her legacy also lives on in decision he was involved in.’’ He made a sig- the Nature Center which continues to be guid- HON. PETE OLSON nificant impact on the lives of all people he ed by Effie’s genuine love for nature and chil- OF TEXAS touched. He was an outstanding public serv- dren. In 1960, the Director of Parks received IN THE HOUSE OF REPRESENTATIVES ant, and I am honored to memorialize him be- a Land and Water Conservation Fund grant to fore the United States House of Representa- purchase land along the American River, in- Thursday, February 25, 2016 tives. cluding the Effie Yeaw Nature Area. Construc- Mr. OLSON. Mr. Speaker, I rise today to f tion of the Nature Center was completed in congratulate Sidharth Duttala, a Fort Bend June 1976 and was dedicated in memory of County student, for winning the National Asso- RECOGNIZING THE ART OF LIVING Effie. ciation for Pupil Transportation’s (NAPT) Na- FOUNDATION Mr. Speaker, as the board of directors, staff, tional School Bus Safety Week Poster Con- volunteers, and local nature enthusiasts gather test. HON. ED WHITFIELD for their 40th anniversary cleebration, I am Sidharth, a third-grader at Sugar Mill Ele- OF KENTUCKY pleased to honor and recognize Effie Yeaw mentary School, won first place in the Division IN THE HOUSE OF REPRESENTATIVES I category, with his ‘‘Super Important Bully Nature Center for its important role in enhanc- Thursday, February 25, 2016 ing Sacramento’s community. I ask my col- Free Zone’’ poster. Initially competing at the Mr. WHITFIELD. Mr. Speaker, I rise today leagues to join me in wishing them continued local level, Sidharth’s poster was voted on by to recognize the Art of Living Foundation, and success and thanking them for their service to school district bus drivers to be entered at the founder Sri Sri Ravi Shankar, as the Founda- the Sacramento region. state level competition on the contest theme ‘‘Bully Free Zone.’’ NAPT annually observes tion commemorates its 35th anniversary with the upcoming World Culture Festival in New f the importance of school bus safety. This year’s poster contest included students in Delhi on March 11–13, 2016. IN RECOGNITION OF CHIEF more than 40 states and countless school dis- The three day major cultural event will be LAWRENCE L. MIHLON tricts. held at a venue that covers over 1,000 acres On behalf of the Twenty-Second Congres- and will feature the world’s largest stage sional District of Texas, congratulations again spread over an area of seven acres. HON. FRANK PALLONE, JR. to Sidharth Duttala. We are proud of him and The festival emphasizes co-existence and celebrates diversity by bringing together an OF NEW JERSEY encourage him to keep spreading kindness. f estimated 3.5 million people to a common IN THE HOUSE OF REPRESENTATIVES platform. HONORING THE LIFE OF JOHN Thursday, February 25, 2016 We must all remember that while lifestyles PRICE vary from one culture to the next, we are all Mr. PALLONE. Mr. Speaker, I rise today to human beings who should learn from one an- congratulate Chief Lawrence L. Mihlon on his HON. ANDY BARR other. retirement from the West Long Branch Police OF KENTUCKY I believe celebrating cultural diversity around Department this year. Chief Mihlon dedicated IN THE HOUSE OF REPRESENTATIVES the globe, as the Art of Living Foundation is 34 years to the Borough of West Long Branch doing with this wonderful event, will open lines Thursday, February 25, 2016 and his contributions are to be celebrated. of communication and understanding between Throughout his decorated career, Chief Mr. BARR. Mr. Speaker, I rise to honor a nations, and I certainly wish them well. Mihlon held many positions, serving as Lieu- very special individual, John D. Price of Lex- f ington, Kentucky. Mr. Price lived an exemplary tenant for 2 years and Captain for 7 years be- HONORING ETTA F. RITTER fore being appointed Chief of Police in 2013. life of service to others and passed away on Chief Mihlon has an extensive police back- February 23, 2016. ´ ground, having served in many capacities Mr. Price was a dedicated leader in edu- HON. JOSE E. SERRANO within the department, including Patrol, Detec- cation in Fayette County. He was appointed to OF NEW YORK tives, Traffic, Training, Records, Command the school board in 2003 and was elected four IN THE HOUSE OF REPRESENTATIVES times. He served as board chairman since and Administration. Prior to joining the West Thursday, February 25, 2016 Long Branch Police Department in 1982, Chief 2010. Mr. Price’s involvement began over 30 Mr. SERRANO. Mr. Speaker, as we cele- Mihlon worked as a Special Officer for the Lit- years ago as a mentor with the Experience brate Black History Month this year, I am hon- tle Silver Police Department and a National Based Career Education program. He went on ored to reflect on the contributions African- Park Service Ranger at Sandy Hook and to serve as a homeroom parent, a school vol- Americans have made within my district in Shenandoah National Park. unteer, and a member of site based councils at Julia R. Ewan Elementary and Bryan Sta- Bronx County. That is why I am proud to have Chief Mihlon has been committed to serving tion High School. He was a PTA leader, serv- this opportunity to recognize Ms. Etta F. Ritter the West Long Branch community and was fo- ing as President of the 16th District PTA. He for her many years of tireless work to improve cused on public relations, serving as the De- served on the Equity Council for Fayette the lives of our community residents. partment spokesman and creating the Depart- County Public Schools. Mr. Price was a strong Etta F. Ritter is a native of Bronx County, ment’s website and Facebook pages. Commu- advocate for all students and was deeply con- spending her early years as a resident of But- nity involvement has been instilled in Chief cerned with every student having the oppor- ler Houses, where she attended PS 132, CES Mihlon’s family. His mother worked as a Little tunity for a great education. His commitment 55 and IS 148. She later attended secondary Silver Police Dispatcher, his sister is a special to students was unwavering. school at Murry Bergtraum High School for education principal, his brother serves on Little Professionally, Mr. Price was a CPA and Business Careers in Manhattan and majored Silver Borough Council and his nephew is a President of Price, Stagner, and Company. He in Secretarial Studies, graduating in 1982. Ms. Little Silver Patrolman and Fire Chief. Over was an active member of St. Peter Catholic Ritter then attended Manhattan Community the years, Chief Mihlon has been recognized Church. Mr. Price was a founding board mem- College for one year, received an offer to work for his dedicated service and accomplish- ber of Housing Equality for All Lexington that started her on her career path. She has ments, having received the West Long Branch (HEAL) and remained active with HEAL for continued her education throughout the years Police Department’s Life Saving Medal, the thirty eight years. in different venues. Education Bar and the Exceptional Duty Bar. John Price is survived by his daughter Alli- Ms. Ritter was hired at the New York City Mr. Speaker, I sincerely hope that my col- son Courtney Crosby and her husband An- Office of Management and Budget as a back- leagues will join me in congratulating Chief thony Crosby, his mother Janella Wathen up secretary in 1984. She was later promoted Lawrence Mihlon on his retirement and thank- Price, and his sisters Jalenna Price and Mar- as a statistical typist within the Community De- ing him for his service to New Jersey. Chief garet Griffin. velopment Unit and was subsequently pro- Mihlon’s commitment to the West Long Branch Mr. Price was a humble leader. Former su- moted and transferred to the Computer Serv- community is truly deserving of this body’s perintendent Tom Shelton says of John Price, ices Unit as a help desk coordinator. Ms. Rit- recognition. ‘‘He had exemplary character, strong personal ter worked at the NYC Office of Management

VerDate Sep 11 2014 05:32 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.014 E25FEPT1 emcdonald on DSK67QTVN1PROD with REMARKS February 25, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E223 and Budget up until October 1996, when she councilman in Hamilton County and an Indiana nieces, nephews, and friends. Jim is a tremen- was hired as a Community Coordinator at Football Hall of Fame coach. Sadly, Jim died dous example of an effective and dedicated Bronx Community Board Three, which covers at the age of 77 on February 14, 2016 after public servant. After decades of serving as a parts of the Melrose, Claremont, Morrisania, a battle with cancer. He will be dearly missed mentor and leader in the community, his im- and Crotona Park neighborhoods in my dis- by the Hoosier community, but we will remem- pact and presence will not soon be forgotten. trict. ber him forever through the spectacular legacy Please join me in thanking Jim’s family and She recognized that working at Bronx Com- he left behind. friends for sharing this truly remarkable man munity Board Three plays an important role in Although he was born in Michigan, Jim with the Hoosier community. improving the quality of life for residents within spent most of his life in Indiana. He attended f Community District Three. As community coor- and played football at Shortridge High School dinator at Bronx Community Board Three, Ms. in Indianapolis, where he was honored as an KIANNA HAWKINS—A GIRL WITH A Ritter ensures that agendas and minutes are All-City and All-State Fullback. He graduated VISION distributed on a monthly basis to area resi- from Shortridge in 1957 and served in the dents, elected officials, community based or- United States Navy from 1958–1962. After HON. PETE OLSON ganizations and media contacts. She plays a serving our country in the Navy, he went on to OF TEXAS vital role in ensuring that complaints/concerns play football for Butler University and was hon- IN THE HOUSE OF REPRESENTATIVES relating to the delivery of municipal city serv- ored as an All-Conference Fullback. He grad- Thursday, February 25, 2016 ices are addressed in a timely fashion. uated from Butler in 1963 and earned his In June of 2013, Ms. Ritter was promoted to master’s degree in 1971 from Ball State Uni- Mr. OLSON. Mr. Speaker, I rise today to Administrative Manager based on her exten- versity. congratulate Kianna Hawkins of Manvel, sive relevant work experience. Under direction Beginning with his first call to public service Texas for being named a distinguished finalist of the district manager and with wide latitude in the United States Navy, he served as a in the Texas’ top youth volunteers of 2016, for independent initiative and judgment, she stellar example of selfless public service. He given by The Prudential Spirit of Community manages the daily operations of the office and left his mark as a teacher, a family man, and Awards. performs difficult analytical work in the prepa- a member of the Hamilton County Council, but Kianna is a senior at Lamar High School ration and administration of the operating what Jim is most known for is coaching foot- and a scout in the Girl Scouts of San Jacinto budget for Bronx Community Board Three. As ball. Jim’s career as a high school teacher and Council troop. Her community service project, the Fiscal Officer/Preparer for all budget docu- football coach spanned over 30 years at three ‘‘EyeCare4TeenVision’’ raises awareness ments, Ms. Ritter analyzes, prepares and Hamilton County Schools—Westfield High about the importance of eye care and aims to modifies the Other than Personal Services School from 1964 to 1967, Noblesville High provide critical services to children in need. Budget (OTPS) each year. School from 1967 to 1980, and Carmel High Her efforts in partnering with the nonprofit Ne- Ms. Ritter is pleased to work at a commu- School from 1980 to 1996. Jim is the 12th hemiah Center and the Prevent Blindness or- nity board that has been ‘‘first’’ in the approval winningest coach in Indiana state history, with ganization led her to become a distinguished process involving the creation of numerous af- an impressive lifetime record of 283 wins, 80 finalist in The Prudential Spirit of Community fordable housing and economic development losses, and 2 ties. His extraordinary record in- Awards. These awards recognize talented projects, including a Sect. 197-A Neighbor- cluded 25 Conference titles, 16 Sectional, 10 young men and women across America that hood Development Plan, the Presbyterian Regional, five Semi-State, one State-Runner have graciously served their communities. Senior Services Grandparents Apartment up, and most notably, he led Carmel High On behalf of the Twenty-Second Congres- building with support services for grandparents School to 4 State Championship titles in 1980, sional District of Texas, congratulations again raising their grandchildren, the development of 1981, 1986, and 1991. to Kianna Hawkins for being a Distinguished Boricua Village, which includes a major col- He retired from coaching football in 1996 Finalist. We are so proud of her and can’t wait lege campus in Boricua College that serves and on April 24 of that year was inducted into to see what she does next. approximately 2,000 students and provides the Indiana Football Hall of Fame. That honor f approximately 700 units of new housing and followed many years of accolades. Beyond his HONORING JOHN SUDDUTH retail development, the Cross Bronx Plaza at long list of titles and State championships, he East 174th Street, veterans housing and sub- received ‘‘Coach of the Year’’ awards on many sidized, affordable, green LEEDS rated occasions, most notably from the Indiana HON. ROBERT B. ADERHOLT homes. Football Coaches Association, the Butler OF ALABAMA Ms. Ritter’s long-term devotion to the Bronx Alumni Association, and the Indiana Sports- IN THE HOUSE OF REPRESENTATIVES casters and Sportswriters Association. He was is truly noteworthy, and we can also see the Thursday, February 25, 2016 progress our borough has made thanks as a also awarded a Key to the City of Carmel, result. I am so pleased to be able to recognize Noblesville recognized him with ‘‘Jim Belden Mr. ADERHOLT. Mr. Speaker, today I would her efforts here in Congress. She will be cele- Day,’’ and he received the prestigious Gov- like to honor Mr. John Sudduth of Double brating 32 years of City service come April 2, ernor’s Sagamore of the Wabash award, to Springs, Alabama as the 2016 honoree of the 2016 and celebrates her life with her son name a few. He also ran a highly successful Winston County Republican Party. I am hon- Bashiek Dorsey, 31, who served in the Army football camp for aspiring high school players ored to stand before this body of Congress protecting our country and now resides in Ir- for many years. As the daughter of a 30-year and this Nation to recognize Mr. Sudduth for ving, Texas. high school coach, I know the unquestionable his unselfish dedication to the people of Win- Mr. Speaker, I respectfully ask that you and and lasting impact Jim had on the many ston County. my other distinguished colleagues join me in young men he coached, the students he Mr. Sudduth grew up in Winston County be- honoring Ms. Etta F. Ritter for her consistently taught, assistant coaches and faculty he fore receiving his teaching degree. He first remarkable dedication to public service and worked with, and the schools and communities taught in Piedmont, Alabama before returning longstanding commitment to improving our he served. to his native Winston County where he taught community. In 1993, Jim began serving on the Hamilton agriculture science for more than 30 years at Winston County High School. Mr. Sudduth has f County Council and won every election since. He was influential as a councilman and con- taught thousands of students over the years HONORING THE EXTRAORDINARY tributed significantly to the community. He the importance of agriculture to the local com- LIFE OF COACH JAMES ‘‘JIM’’ helped ensure the expansion of Ivy Tech munity, the state of Alabama and to America. BELDEN Community College in Noblesville with a vote Mr. Sudduth has been very active in his to provide funding for the project and was a community. He is a member of Double HON. SUSAN W. BROOKS big proponent of planned upgrades to State Springs First Baptist Church. He is also very OF INDIANA Road 37. active in ALFA and the Cattleman’s Associa- IN THE HOUSE OF REPRESENTATIVES Jim loved coaching football and serving as tion. As part of his service in the Cattleman’s an elected official in Hamilton County, but his Association, Mr. Sudduth and other members Thursday, February 25, 2016 pride and joy was his family. Jim is survived helped distribute supplies to farmers who were Mrs. BROOKS of Indiana. Mr. Speaker, I by his wife, Bev, son, Bo, daughter, Bamby, hard hit by the tornado outbreak of April 2011. rise today to honor a beloved member of the and 5 grandchildren. He is also survived by Last but not least, Mr. Sudduth has been a Indiana community, Jim Belden. Jim was a his brother, Randy, sister, Candy, and several member of the Winston County Republican

VerDate Sep 11 2014 05:32 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.019 E25FEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E224 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2016 Party for many years. He has also served as come. And his record of accomplishment vigor and today proudly counts more than 260 its vice-chairman for several terms. shows just how effective he has been. members in its ranks. NAIOP-New Mexico has Mr. Speaker, it is a great privilege to honor Congressman RANGEL’s accomplishments in been successful in advocating for their mem- Mr. Sudduth for his long service to so many in Congress are truly too many to list, but let me bers at the local, state, and federal level. In Winston County. I join his family, friends and name just a few. He has boosted the incomes addition to Chapter of the Year, I am proud to colleagues in congratulating him on being rec- of millions of working families through the report that they were honored for the excel- ognized by the Winston County GOP. Earned Income Tax Credit. He worked with lence of their Legislative and Government Af- f my predecessor, Bob Garcia, to establish and fairs at the annual retreat. pass the Empowerment Zone program, which The work that NAIOP-New Mexico performs HONORING CONGRESSMAN has helped revitalize communities across the is important not only because it promotes job CHARLES B. RANGEL nation. He enabled the financing mechanisms growth and excellence in the commercial real to allow public school systems across the na- estate industry, but also because of its edu- HON. JOSE´ E. SERRANO tion to construct new buildings and rehabilitate cational programs. For example, the Devel- OF NEW YORK old ones. He helped isolate apartheid South oping Leaders Program provides members IN THE HOUSE OF REPRESENTATIVES Africa by passing the Rangel Amendment, under 35 with the tools necessary to excel and become future leaders in commercial real es- Thursday, February 25, 2016 which forced many investors in the 1980s to abandon the country. He has created trade tate. In the past three years, they focused on Mr. SERRANO. Mr. Speaker, today I rise in and investment opportunities for countries reaching out to millennials who are interested in careers in commercial real estate and have honor of Black History Month and to recognize across the Caribbean and Africa. grown the program by 126%. NAIOP-New the important contributions made by African- Lastly, he mentored a then junior Congress- Mexico has also partnered with the University Americans to our communities and to our na- man from the Bronx, who arrived in Congress of New Mexico and Central New Mexico Com- tion. African-Americans have made countless in 1990. It was with his friendship, advice, and munity College to educate students who are contributions to and sacrifices for this great support that I won my seat on the Appropria- interested in commercial real estate, providing nation, and nowhere is this more visible than tions Committee. He has always been a in New York City. That is why I want to stand them with important skills for future careers. In source of knowledge and know-how, and I am fact, their members have donated more than before you today to honor my friend and col- proud to count him as a colleague and a dear league Congressman CHARLES B. RANGEL for $20,000 to these student projects and initia- friend. He has extended his generosity and tives. For these accomplishments, NAIOP- his many years of public service and tireless friendship to my son, State Senator Jose´ M. work to improve the lives of residents of our New Mexico also received the award for the Serrano, and we know we can always count best medium-sized chapter in the Developing community and our nation. on his friendship, personally and politically. CHARLES RANGEL, or CHARLIE as many of us Leaders Program. CHARLIE still lives in the community where Mr. Speaker, it gives me great pleasure to know him, is a legend in New York City and he was born with his wonderful wife Alma. congratulate NAIOP-New Mexico for winning in Congress. His story is well chronicled, They have two adult children and three grand- three prestigious and competitive awards. In growing up on Lenox Avenue in Harlem and children. particular, I would like to call attention to then volunteering to serve in the Army during CHARLIE still has 11 months left in Con- NAIOP-New Mexico’s CEO, Tom Bisaquino, the Korean War. CHARLIE became a war hero gress, so this might seem a little bit early to and President, Lynne Anderson, for their out- during his service when he was wounded by some. But as we celebrate Black History standing leadership and to commend all the the enemy during the conflict, and then lead- Month and reflect on the contributions African- staff and members who made these awards ing his surviving comrades back from behind Americans have made to our nation, I thought possible. I look forward to hearing about the enemy lines to safety. For his leadership and it was important to acknowledge just how im- future successes of NAIOP-New Mexico as bravery, CHARLIE was awarded a Purple Heart portant and influential CHARLIE RANGEL, New they continue to attract new members, train and a Bronze Star. York’s own master legislator, has been to our and educate future leaders, and improve com- CHARLIE returned from the war determined nation. mercial real estate in our state. to make a difference. With the aid of the G.I. Mr. Speaker, I respectfully ask that you and Congratulations, NAIOP-New Mexico; keep Bill, he graduated from New York University my other distinguished colleagues join me in up the great work. and St. John’s University Law School, and be- honoring Congressman CHARLES B. RANGEL f came increasingly involved in his community. for his consistently remarkable dedication to RECOGNIZING ZELMA BROOKS He also began a career of public service, public service and longstanding commitment WASHINGTON’S 50 YEAR MEM- serving for a time as an Assistant U.S. Attor- to improving our nation. ney for the Southern District of New York, and BERSHIP IN THE DELTA SIGMA f involving himself in local politics and the civil SORORITY rights movement. It was during this time that HONORING NAIOP-NEW MEXICO he met his mentor and friend, Percy Sutton, HON. EDDIE BERNICE JOHNSON along with a number of other young leaders HON. MICHELLE LUJAN GRISHAM OF TEXAS IN THE HOUSE OF REPRESENTATIVES fighting to make a difference in Harlem. Four OF NEW MEXICO of those leaders, Percy Sutton, David Dinkins, IN THE HOUSE OF REPRESENTATIVES Thursday, February 25, 2016 Basil Paterson, and CHARLIE RANGEL, became Thursday, February 25, 2016 Ms. EDDIE BERNICE JOHNSON of Texas. the legendary Gang of Four, and each of them Mr. Speaker, today I would like to recognize went on to incredible success in city, state, Ms. MICHELLE LUJAN GRISHAM of New an important milestone for a dedicated mem- and national politics. CHARLIE’s political jour- Mexico. Mr. Speaker, I rise today to honor the ber of the African American and Dallas Com- ney formally began soon thereafter, with his New Mexico chapter of NAIOP which received munities. On January 31st, 2016, Sister Zelma election in 1966 to the New York State As- the prestigious Chapter of the Year award, for Brooks Washington was honored for her fifty sembly. the medium chapter category, at NAIOP’s an- years of membership in the Delta Sigma So- CHARLIE served in Albany for four years, nual retreat on February 10, 2016 in Wash- rority, an organization comprised of college- and then in 1970, he took on the legendary ington, D.C. educated black women that provides commu- Congressman Adam Clayton Powell, Jr. for NAIOP, the Commercial Real Estate Devel- nity support throughout the world. The sorority the right to represent Harlem in Congress. He opment Association, was founded in 1967 and has over 200,000 members, and was originally beat the incumbent in a tough battle, and is the leading organization for developers, founded here in Washington DC at Howard began his service here in the House of Rep- owners, and related professionals in office, in- University. resentatives. dustrial, retail and mixed-use real estate. With Mrs. Washington is a graduate of Jarvis In 1971, during his first term, CHARLIE be- 52 chapters throughout the United States and Christian College and the University of North came a founding member of the Congres- Canada, NAIOP comprises more than 15,000 Texas. She had a career dedicated to the sional Black Caucus. He has broken barriers members. It advances responsible commercial greater public—she was a teacher and coun- throughout his 23 terms in office, and has real estate development while simultaneously selor here in the Dallas area for decades. In maintained a consistent set of political prin- advocating for effective public policy. addition to her career as an educator, she has ciples. He has sought to help the least among The New Mexico chapter of NAIOP, found- been active in her relationship with the Great- us, and has worked to ensure the American ed in 1981, was originally comprised of less er Golden Gate Church, working with the Dea- Dream for all Americans, regardless of in- than 10 members. The chapter has grown with coness, New Member Orientation, Mission,

VerDate Sep 11 2014 05:32 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.022 E25FEPT1 emcdonald on DSK67QTVN1PROD with REMARKS February 25, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E225 Women’s Chorus, Church Program Committee and began working to make the Foundation’s people with diabetes, osteoporosis, thyroid and the Faith Walkers. In the greater Dallas vision a reality. Her first year was focused on conditions, infertility, sleep disorders, hor- community, she is involved with the Dallas Re- working with the Foundation’s Education Di- mone-related cancers and many other condi- tired Teachers Association, AARP Volunteer rector to provide professional development for tions. Today, the Society has more than Tax Preparer, Dallas Lincoln-James Madison teachers who were to begin implementing the 18,000 members in 122 countries and is the Alumni Association, and the Jarvis Christian newly enacted Illinois Holocaust Education world’s oldest and largest organization de- College National and Local Alumni Associa- Mandate. voted to hormone research and the clinical tion. Over the years, the Holocaust Memorial practice of endocrinology. Mrs. Washington was honored at the Hyatt Foundation of Illinois accumulated many mem- During its centennial year, the Endocrine Regency in Dallas alongside the company of orable achievements; they include, but are not Society will celebrate endocrinology’s contribu- her husband and daughter. She and her sis- limited to: Production of four documentaries, tions to science and public health—while ters looked graceful and youthful as they re- one of which—‘‘Choosing One’s Way—Resist- keeping an eye on today’s promising research ceived recognition to their commitment to this ance in Auschwitz-Birkenau’’—received the which will lead to tomorrow’s discoveries. It long-standing institution. Mrs. Washington Chicago International Film Festival Hugo will recognize Nobel Prize winners in the field joined the alumni chapter of the Delta Sigma Award in 1994; onsite training to over 2,000 (including four Society Past-Presidents) and Sorority in 1966, a time when education and educators to aid them in their teachings on the historic breakthroughs such as the 1921 dis- opportunities were still denied to African Amer- Holocaust; speaking to tens of thousands an- covery of insulin, which transformed diabetes icans in Dallas. nually through the Speaker’s Bureau; con- from a death sentence to a manageable Mr. Speaker, for her dedication to an organi- ducting annual creative expression competi- chronic condition. In April, I am very pleased zation that promotes equality internationally, tions for children; taping survivor interviews, to recognize, the Endocrine Society will con- for her deep and rich commitment to the com- starting in 1991; conducting unique Yom duct its Annual Meeting and Expo, in Boston, munity, and for her selfless career as an edu- HaShoah observances within the community; Massachusetts. ENDO is the world’s premier cator, past National President of the Delta supervising Holocaust Expression Theater, a event for getting the latest updates in endo- Sigma Sorority, Congresswoman MARCIA program to aid high school students in the de- crine science and medicine, drawing thou- FUDGE, and I would like to join together in for- velopment and performance of Holocaust dra- sands of endocrinologists from around the mally recognizing this wonderful woman and matic material; and welcoming non-Jewish vol- globe. ENDO 2016 will feature special pro- her impressive milestone here in Congress. unteers from the Action Reconciliation Service gramming celebrating the field’s history and f for Peace starting in 1997. notable achievements. Mrs. Gerstner was an asset in the transition Because hormones affect nearly every cell HONORING MRS. LILLIAN from the small Holocaust Memorial Foundation GERSTNER of the human body, the work of of Illinois on Main Street to the huge Illinois endocrinologists is essential to manage condi- Holocaust Museum and Education Center that tions that affect millions, including: HON. JANICE D. SCHAKOWSKY can be seen today, in Skokie, Illinois. From About 415 million adults worldwide who OF ILLINOIS her work as site director for the Main Street have diabetes, according to the International IN THE HOUSE OF REPRESENTATIVES facility until it closed in 2008, to Director of Diabetes Federation; Thursday, February 25, 2016 Special Projects and then Director of Public Programs in 2015, Mrs. Gerstner has truly More than 36 percent of American adults Ms. SCHAKOWSKY. Mr. Speaker, I rise been indispensable in both garnering cultural who are obese, according to the U.S. Centers today to honor and celebrate Mrs. Lillian acknowledgment for the Holocaust, as well as for Disease Control and Prevention; Gerstner, who is being recognized by the Vil- educating and engaging youth and adults in its An estimated 48.5 million couples worldwide lage of Skokie for her 25 years of hard work events and activities. who were infertile as of 2010, according to the and dedication to make the Illinois Holocaust Mrs. Gerstner is a remarkable woman who World Health Organization; and Museum and Education Center the wonderful has dedicated 25 years of her life to the suc- More than 10 million American adults who place it is today. cess of the Illinois Holocaust Museum and have osteoporosis, according to the Society’s An only child born to two Holocaust sur- Education Center. I want to congratulate her Endocrine Facts and Figures report. vivors, Rosalie and Moses Polus, Mrs. for being recognized by the Village of Skokie Endocrine Society members have been at Gerstner came to Evanston in 1969 to pursue during their Board Meeting on March 7, 2016; the forefront of historic accomplishments in a degree in theater and a secondary school she is an outstanding member of society who medicine and research. I offer my warmest teaching certification at Northwestern Univer- has brought much-needed attention to the Hol- congratulations to the Endocrine Society on its sity. Mrs. Gerstner married her husband, Mr. ocaust both within her town, and nationally. I celebration of 100 years of breakthroughs and Alan Gerstner in 1976, and has two children, am proud to honor her today for her achieve- I look forward to what the next century brings. Michael and Lisa, born in 1980 and 1983, re- ments, and look forward to all she will con- spectively. tinue to do in the future. Mrs. Gerstner began volunteering at the f f Holocaust Memorial Foundation of Illinois on PERSONAL EXPLANATION Main Street In Skokie in 1985. With her young ENDOCRINE SOCIETY CELEBRATES daughter Lisa in tow, she began her services 100 YEARS OF PUBLIC HEALTH by stuffing envelopes, typing, and filing. When BREAKTHROUGHS HON. MARLIN A. STUTZMAN Lisa began school, Mrs. Gerstner’s duties in- OF INDIANA creased to include production of the monthly HON. JOSEPH P. KENNEDY III IN THE HOUSE OF REPRESENTATIVES newsletter. Mrs. Gerstner was a regular volun- OF MASSACHUSETTS Thursday, February 25, 2016 teer for years, feeling very much at home IN THE HOUSE OF REPRESENTATIVES among the small staff and the survivors who Thursday, February 25, 2016 Mr. STUTZMAN. Mr. Speaker, on February visited. When staff began requesting that Mrs. 12, 2016, due to a funeral in my state, I was Gerstner join their team after the executive di- Mr. KENNEDY. Mr. Speaker, I rise today to absent for four roll call votes. Had I been rector, Ms. Pearl Karp, retired, Mrs. Gertsner recognize and congratulate the Endocrine So- present, I would have voted in the following declined initially, unable to take on a full time ciety, in honor of its Centennial anniversary. manner: job. In the meantime, Mrs. Gertsner and the A century ago, a small group of physicians Roll Call Vote No. 79—McMorris-Rodgers of rest of the Foundation’s staff worked tirelessly joined together to unlock the secrets of the Washington Amendment No. 1—Yes. to convince Illinois legislatures to mandate a body’s hormones—the chemical signals that school curriculum inclusive of the Holocaust. govern breathing, metabolism, growth, repro- Roll Call Vote No. 80—Schrader of Oregon All of their efforts paid off when, on January 1, duction and other critical biological functions. Amendment No. 3—No. 1999, Illinois became the first state in the na- They were endocrinologists, and from this im- Roll Call Vote No. 81—H.R. 2017, Common tion to pass a Holocaust Education Mandate. passioned gathering, the Endocrine Society Sense Nutrition Disclosure Act of 2015—Yes. On January 31, 1991, to the delight of the was born. Roll Call Vote No. 82—(Motion to Suspend Foundation’s officers, Mrs. Gertsner accepted Over the next 100 years, endocrinologists the Rules and Concur in the Senate Amend- her third offer to work as Executive Director. would discover lifesaving treatments and pro- ment) H.R. 757, North Korea Sanctions and She was put in charge of a three-person staff vide quality care for hundreds of millions of Policy Enforcement Act of 2016—Yes.

VerDate Sep 11 2014 05:32 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.025 E25FEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E226 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2016 INTRODUCTION OF THE PIPELINE IN HONOR OF THE 100TH BIRTH- non-profit research institutes, 310 members of INSPECTION ENFORCEMENT ACT DAY OF SALLIE PAULINE the other National Academies, 27 inductees of OF 2016 NAUGHER PUTNAM the National Inventors Hall of Fame, 36 recipi- ents of the U.S. National Medal of Technology HON. MIKE ROGERS and Innovation and the U.S. National Medal of HON. JANICE HAHN OF ALABAMA Science, 27 Nobel Laureates, 14 Lemelson- MIT prize recipients, and 170 AAAS Fellows, OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES among other awards and distinctions. IN THE HOUSE OF REPRESENTATIVES Thursday, February 25, 2016 The NAI was founded in 2010 by Paul R. Mr. ROGERS of Alabama. Mr. Speaker, I Sanberg at the University of South Florida. Its Thursday, February 25, 2016 ask for the House’s attention today to recog- mission is to recognize and encourage inven- Ms. HAHN. Mr. Speaker, today, I am re- nize the birthday of Sallie Pauline Naugher tors with patents issued from the United States Patent and Trademark Office, enhance introducing the Pipeline Inspection Enforce- Putnam of Piedmont, Alabama. She will turn the visibility of academic technology and inno- ment Act to prevent oil pipeline leaks like the 100 on March 28th. Pauline was born to Jennie Elizabeth War- vation, encourage the disclosure of intellectual one that greatly damaged the community of ren Naugher and William Morris Naugher. She property, educate and mentor innovative stu- Wilmington, California in my district. had two brothers, both World War II Veterans, dents, and translate the inventions of its mem- Los Angeles is home to one of the most and one sister who married a World War II bers to benefit society. vast pipeline networks in the United States. Veteran. She married Volyer C. Putnam (de- We are greatly indebted to innovators such Both oil and gas pipelines connect the Port of ceased), also a World War II Veteran, on as these for contributions to society through Los Angeles and the Port of Long Beach with March 2, 1940. She is the proud aunt of her their inventions. I commend these individuals, the refineries in the area. Therefore, pipeline nephew Michael Naugher and niece Susan and the organizations that support them, for the work they do to revolutionize the world we safety is a very important topic for me and the Ponder. live in. As the following inventors are inducted, communities which make up the neighbor- Pauline attended school in Oxford, Alabama until 7th grade and then finished 8th–12th may it encourage future generations to strive hoods surrounding the Port of Los Angeles— grades at Piedmont High School. She was Sa- to meet this high honor and continue the spirit including Wilmington, a primarily working class lutatorian in 1934. She attended a year and a of discovery and innovation. community. I have represented Wilmington for half at Jacksonville State University. The 2015 NAI Fellows include; C. Mauli over 10 years—first on the Los Angeles City After her time at JSU, she worked at Stand- Agrawal, The University of Texas at San Anto- Council, and now as a Member of Congress. ard Coosa Thatcher, a cotton mill in Piedmont. nio; Dean P. Alderucci, The University of Chi- Since Wilmington sits on top of one of the There she worked as a spinner, in the lab and cago; Jayakrishna Ambati, University of Ken- largest oil fields in the nation and a complex in the payroll department before retiring. tucky; Iver E. Anderson, Iowa State University; system of pipelines, this community lives with She attends First Baptist Church of Pied- Kristi S. Anseth, University of Colorado Boul- der; Allen W. Apblett, Oklahoma State Univer- a heightened threat of a pipeline leaking or ex- mont where she has been a member since sity; Charles J. Arntzen, Arizona State Univer- ploding. This became an unfortunate reality for 1955. In the fall, she cheers on the Piedmont Bull- sity; Harry A. Atwater, Jr., California Institute many residents of Wilmington two years ago dogs and Alabama Crimson Tide. She still of Technology; Lorne A. Babiuk, University of when a pipeline ruptured, causing thousands drives and goes to the beauty shop each Alberta; John M. Ballato, Clemson University; of gallons of crude oil to spill onto a residential week. John S. Baras, University of Maryland; Issa street wreaking havoc on the lives of families Mr. Speaker, please join me in recognizing Batarseh, University of Central Florida; Ray H. who live in the community. the life and achievements of Sallie Pauline Baughman, The University of Texas at Dallas; When Phillips purchased the pipeline, they Naugher Putnam and wishing her a happy Angela M. Belcher, Massachusetts Institute of were told that it was empty. In 15 years, the 100th birthday. Technology; Stephen J. Benkovic, The Penn- pipeline was not inspected to ensure that it f sylvania State University; Shekhar Bhansali, Florida International University; Sangeeta N. was true. HONORING THE 168 INVENTORS IN- Bhatia, Massachusetts Institute of Technology; As a result, the people in Wilmington paid DUCTED AS THE 2015 FELLOWS J. Douglas Birdwell, The University of Ten- the price. OF THE NATIONAL ACADEMY OF nessee, Knoxville; Kenneth J. Blank, Rowan INVENTORS I remember racing over there the morning it University; Dale L. Boger, The Scripps Re- happened and discovering that yards were de- search Institute. Charles A. Bouman, Purdue University; stroyed and homes were damaged. The smell HON. DAVID W. JOLLY John E. Bowers, University of California, of oil made people sick. The residents had to OF FLORIDA IN THE HOUSE OF REPRESENTATIVES Santa Barbara; Gary L. Bowlin, University of deal with the noise of jackhammers tearing up Memphis; C. Jeffrey Brinker, The University of streets to locate the leak. Some people could Thursday, February 25, 2016 New Mexico; Emery N. Brown, Massachusetts not leave their houses and get to work. Mr. JOLLY. Mr. Speaker, I rise today to Institute of Technology; Milton L. Brown, The legislation I am reintroducing today honor the 168 inventors who will soon be rec- Georgetown University; Richard B. Brown, The would have prevented the damage these fami- ognized at the United States Patent and University of Utah; Steven R.J. Brueck, The lies experienced by forcing companies like Trademark Office and inducted as the 2015 University of New Mexico; Joe C. Campbell, Phillips 66 to simply have firsthand knowledge Fellows of the National Academy of Inventors University of Virginia; Selim A. Chacour, Uni- of what their pipelines contain. My legislation (NAI) in an induction ceremony that will fea- versity of South Florida; Mau-Chung Frank ture a keynote address by U.S. Commissioner will ensure that a company purchasing a pipe- Chang, National Chiao Tung University; Shu for Patents Andrew Hirshfeld. In order to be Chien, University of California, San Diego; line does its due diligence and inspects the named as a Fellow, these men and women Mary-Dell Chilton, Washington University in St. status of the pipelines they purchase within were nominated by their peers and have un- Louis; Diana S. Chow, University of Houston; 180 days of the sale. This inspection needs to dergone the scrutiny of the NAI Selection Chung K. Chu, University of Georgia; have third party verification by either PHMSA Committee, having had their innovations Yoginder P. Chugh, Southern Illinois Univer- or a state authority. deemed as making significant impact on qual- sity; William J. Clancey, Institute for Human It is neglectful not to inspect the pipelines. ity of life, economic development, and welfare and Machine Cognition; Katrina Cornish, The The oil spill endangered the health and safety of society. Collectively, this elite group holds Ohio State University; Delos M. Cosgrove III, of many of my constituents as well as property nearly 5,400 patents. Cleveland Clinic; Alan W. Cramb, Illinois Insti- damage and costs to the local economy. The individuals making up this year’s class tute of Technology. of Fellows include individuals from 109 re- Benjamin F. Cravatt III, The Scripps Re- These basic improvements to federal policy search universities and non-profit research in- search Institute; Roy Curtiss III, University of would protect countless communities like Wil- stitutes spanning the United States and the Florida; P. Daniel Dapkus, University of South- mington. I look forward to working with my col- world. The now 582-member group of Fellows ern California; John G. Daugman, University of leagues in Congress to make this legislation is composed of more than 80 presidents and Cambridge; Mark E. Davis, California Institute law. senior leadership of research universities and of Technology; Robert C. Dean, Jr., Dartmouth

VerDate Sep 11 2014 05:32 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.029 E25FEPT1 emcdonald on DSK67QTVN1PROD with REMARKS February 25, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E227 College; Atam P. Dhawan, New Jersey Insti- Columbia University; Alyssa Panitch, Purdue colleges in the state of Iowa. The following in- tute of Technology; Duane B. Dimos, The Uni- University; H. Anne Pereira, The University of stitutions were officially designated the next versity of Texas at Arlington; David M. Eddy, Oklahoma Health Sciences Center; William M. year: Northeast Iowa, North Iowa Area, Iowa University of South Florida; Nader Engheta, Pierce, Jr., University of Louisville; John M. Lakes, Northwest Iowa, Iowa Central, Iowa University of Pennsylvania; Antonio Facchetti, Poate, Colorado School of Mines; H. Vincent Valley, Hawkeye, Eastern Iowa, Kirkwood, Northwestern University; Rudolf Faust, Univer- Poor, Princeton University; Ann Progulske- Des Moines Area, Western Iowa Tech, Iowa sity of Massachusetts Lowell; Robert E. Fox, University of Florida; Suzie H. Pun, Uni- Western, Southwestern, Indian Hills, and Fischell, University of Maryland; Christodoulos versity of Washington; Kaushik Rajashekara, Southeast Iowa. A. Floudas, Texas A&M University; Gabor The University of Texas at Dallas; Jahangir S. These fine institutions now provide acces- Forgacs, University of Missouri; Scott E. Fra- Rastegar, Stony Brook University. sible and affordable education, not only to ser, University of Southern California; Jean A. Hari Reddi, University of California, Iowans, but to students across the country M.J. Fre´chet, King Abdullah University of Davis; E. Albert Reece, University of Mary- and the world. Their offerings include a wide- Science and Technology; Richard H. Frenkiel, land; Kenneth L. Reifsnider, The University of ranging, diverse curriculum that serves Iowa’s Rutgers, The State University of New Jersey; Texas at Arlington; Jasper D. Rine, University specific workforce needs, including Iowa busi- Sanjiv S. Gambhir, Stanford University; of California, Berkeley; Ajeet Rohatgi, Georgia nesses competing in a global market. Iowa Shubhra Gangopadhyay, University of Mis- Institute of Technology; Stephen D. Russell, businesses in need of highly trained, special- souri; Sir Andre K. Geim, The University of Space and Naval Warfare Systems Command; ized workers turn to our community colleges to Manchester; George Georgiou, The University Michael J. Sailor, University of California, San fill the new, high-paying, high-skilled positions of Texas at Austin. Diego; Bahgat G. Sammakia, Binghamton Uni- of tomorrow. John C. Gore, Vanderbilt University; Venu versity; Andrew V. Schally, University of Mr. Speaker, it is our honor to represent Govindaraju, University at Buffalo, The State Miami; Paul R. Schimmel, The Scripps Re- Iowa’s community colleges in the United University of New York; Ali Hajimiri, California search Institute; Peter G. Schultz, The Scripps States Congress and it is with great pride that Institute of Technology; Naomi J. Halas, Rice Research Institute; Marian O. Scully, Texas we recognize them today. We ask that our col- University; Andrew D. Hamilton, New York A&M University; Jonathan L. Sessler, The Uni- leagues in the United States House of Rep- University; Wayne W. Hanna, University of versity of Texas at Austin; Mohsen resentatives join us in congratulating Iowa’s Georgia; Florence P. Haseltine, National Insti- Shahinpoor, University of Maine; Ben community colleges on celebrating their 50th tutes of Health; Charlotte A.E. Hauser, King Shneiderman, University of Maryland; Marvin year and for providing a high quality, afford- Abdullah University of Science and Tech- J. Slepian, The University of Arizona; Kwok- able education for all Iowans. We wish them nology; Craig J. Hawker, University of Cali- Fai So, The University of Hong Kong; Richard nothing but continued success in the years to fornia, Santa Barbara; M. Frederick Haw- A. Soref, University of Massachusetts Boston; come. thorne, University of Missouri; Barton F. Pramod K. Srivastava, University of Con- f Haynes, Duke University; Richard F. Heck, necticut; Andrew J. Steckl, University of Cin- IN RECOGNITION OF KRYSTA University of Delaware; Andrew B. Holmes, cinnati. HARDEN The University of Melbourne; Rush D. Holt, Valentino J. Stella, The University of Kan- American Association for the Advancement of sas; Galen D. Stucky, University of California, HON. SANFORD D. BISHOP, JR. Science; H. Robert Horvitz, Massachusetts In- Santa Barbara; Bala Subramaniam, The Uni- OF GEORGIA stitute of Technology; Chenming C. Hu, Uni- versity of Kansas; R. Michael Tanner, Asso- IN THE HOUSE OF REPRESENTATIVES versity of California, Berkeley; Leon D. ciation of Public and Land-grant Universities; Iasemidis, Louisiana Tech University; Mir Guillermo J. Tearney, Harvard University; Ste- Thursday, February 25, 2016 Imran, University of Pittsburgh; Donald E. phen Tomlinson, Medical University of South Mr. BISHOP of Georgia. Mr. Speaker, it is Ingber, Harvard University; Chennupati Carolina; James M. Tour, Rice University; my honor and pleasure to extend my con- Jagadish, The Australian National University. Kalliat T. Valsaraj, Louisiana State University; gratulations and best wishes to an outstanding Anil K. Jain, Michigan State University; Bert Vogelstein, Johns Hopkins University; leader, personal friend, and constituent, Ms. Kristina M. Johnson, University of Colorado Sherry L. Harbin, Purdue University; Norman Krysta Harden, Deputy Secretary of Agri- Boulder; Joseph S. Kalinowski, East Carolina J. Wagner III, University of Delaware; Yong culture for the U.S. Department of Agriculture University; Aaron V. Kaplan, Dartmouth Col- Wang, Washington State University; James A. (USDA). Ms. Harden has excelled at this posi- lege; Usha N. Kasid, Georgetown University; Wells, University of California, San Francisco; tion since she took office in August of 2013. Kenneth W. Kinzler, Johns Hopkins University; Caroline C. Whitacre, The Ohio State Univer- She will be leaving her post at the end of Feb- Brian K. Kobilka, Stanford University; Steven sity; Jay F. Whitacre, Carnegie Mellon Univer- ruary 2016. J. Kubisen, The George Washington Univer- sity; Helena S. Wisniewski, University of Alas- A Georgia native, Ms. Harden was born and sity; Donald W. Landry, Columbia University; ka Anchorage; Edward D. Wolf, Cornell Uni- raised in Camilla, Georgia and earned a Bach- Se-Jin Lee, Johns Hopkins University; versity; Paul K. Wright, University of California, elor of Arts degree in Journalism from the Uni- Sunggyu Lee, Ohio University; Robert J. Berkeley; James C. Wyant, The University of versity of Georgia in 1981. Her career began Lefkowitz, Duke University; G. Douglas Arizona; Pan-Chyr Yang, National Taiwan Uni- on Capitol Hill, where she worked for former Letson, H. Lee Moffitt Cancer & Research In- versity; Yu-Dong Yao, Stevens Institute of Congressman Charles Hatcher as Legislative stitute; Jennifer A. Lewis, Harvard University; Technology; Martin L. Yarmush, Rutgers, The Director, Press Secretary, and Chief of Staff Guifang Li, University of Central Florida; State University of New Jersey; and Jianping for more than ten years. Ms. Harden went on James C. Liao, University of California, Los Zheng, Florida State University. to serve as Staff Director for the Sub- Angeles; John S. Lollar III, Emory University; f committee on Peanuts and Tobacco of the Anthony M. Lowman, Rowan University; Rod- House Committee on Agriculture. ney S. Markin, University of Nebraska Medical TRIBUTE TO THE COMMUNITY In 1993, Ms. Harden left the public sector to Center; Tobin J. Marks, Northwestern Univer- COLLEGES OF IOWA work for Gordley Associates, a government re- sity; Dean F. Martin, University of South Flor- lations firm focused on agricultural policy. Ms. ida. HON. DAVID YOUNG Harden left the company in 2004 as Senior Helen S. Mayberg, Emory University; Edith OF IOWA Vice President. From 2004 to 2009, she G. McGeer, The University of British Colum- IN THE HOUSE OF REPRESENTATIVES served as the Chief Executive Officer of the bia; Patrick L. McGeer, The University of Brit- National Association of Conservation Districts. ish Columbia; Meyya Meyyappan, NASA Thursday, February 25, 2016 In 2009, Ms. Harden began her influential Ames Research Center; Thomas E. Milner, Mr. YOUNG of Iowa. Mr. Speaker, Mr. career at the U.S. Department of Agriculture The University of Texas at Austin; Umesh K. LOEBSACK and I rise today to recognize and as the Assistant Secretary for Congressional Mishra, University of California, Santa Bar- congratulate the community colleges of Iowa Relations. In this role, Ms. Harden was instru- bara; Somenath Mitra, New Jersey Institute of for 50 years of outstanding service to the mental in securing passage of and imple- Technology; Andreas F. Molisch, University of state. The community colleges of Iowa have menting the Healthy, Hunger-Free Kids Act of Southern California; Ramani Narayan, Michi- expanded to become our largest provider of 2010, which increased the nutritional quality of gan State University; Alan C. Nelson, Arizona postsecondary education. school lunch programs and provides access State University; Kyriacos C. Nicolaou, Rice On June 7, 1965, Iowa Governor Harold for children of all economic backgrounds. University; David R. Nygren, The University of Hughes signed the first bill into law allowing In 2011, she was promoted to Chief of Staff Texas at Arlington; Richard M. Osgood, Jr., for the opening and operation of community of the Department of Agriculture. And in 2013,

VerDate Sep 11 2014 05:32 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.031 E25FEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E228 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2016 President Obama nominated Ms. Harden for PEARLAND CHEERLEADERS PLACE the Resources Committee over the next 25 the position of Deputy Secretary of Agriculture. AT STATE years. Her nomination was unanimously approved by Rick’s knowledge and experience was in- the Senate. Ms. Harden’s steadfast leadership HON. PETE OLSON strumental in issues of importance to Min- led to what Secretary Vilsack has called the OF TEXAS nesota, like the management of the St. Croix ‘‘best-implemented Farm Bill in history,’’ ref- IN THE HOUSE OF REPRESENTATIVES National Scenic River and the establishment erencing the 2014 Farm Bill in which Ms. of the Mississippi National River and Recre- Harden led the USDA’s efforts to work with Thursday, February 25, 2016 ation Area. Congress to see the bill through to completion Mr. OLSON. Mr. Speaker, I rise today to Rick was a tremendous help to me when I and implementation. congratulate the Pearland High School was first elected after Congressman Vento Ms. Harden has been praised by many for cheerleading team for placing third overall in passed away in 2000, and provided valuable her bipartisan and commonsense approach to the University Interscholastic League (UIL) council on environmental issues as I followed policies and programs that expand opportuni- State Competition. in our friend and mentor Bruce’s legacy by ties for rural communities. Krysta Harden, a Spirit, the UIL State Cheerleading Competi- serving on the Resources Committee. ‘‘Georgia farm girl’’ herself, has dedicated her tion, is an extension of the typical high school As a staffer who has been here longer than career to serving our nation’s farmers and pro- cheerleading role, enhancing school spirit. almost all of the Members serving in this body, moting a thriving bio-based economy. This highly competitive UIL competition con- Rick Healy assisted his Chairs and Ranking sists of three different categories: fight song, Members through the ups and downs of Ma- As a friend of long standing and someone time out band dance, and time out cheer. jority and Minority. that I have had the honor to work with closely Pearland High School competed in the UIL And, five years ago, when he joined the Ap- in developing legislative frameworks for farmer State Competition in the Class 6A division propriations Committee, he brought that insti- settlements, I can say with a full heart that I where the Pearland Oilers placed third overall, tutional knowledge to the work of funding and will miss working with Krysta in Washington. how impressive. We are so proud of our improving our nation’s public lands, our envi- She has served admirably as Deputy Sec- Pearland Cheerleaders and we can’t wait to ronmental stewardship, our trust and treaty re- retary of the USDA and has shown herself to see what the future competitions bring. sponsibilities with tribal nations, and our in- represent the highest standards of public serv- On behalf of the Twenty-Second Congres- vestment in the arts and humanities. Rick has ice. Ms. Harden has established a legacy of sional District of Texas, congratulations again been an invaluable resource on the Appropria- providing support for underrepresented to the Pearland High School Cheerleaders for tions Committee. groups—particularly women, young people, placing third in the UIL State Competition. immigrants, disadvantaged producers, and I, along with many other Members and staff, Keep up the hard work. will miss his depth of knowledge, his expertise veterans. I am very grateful for her tireless ad- f vocacy to diversify the nation’s agriculture sec- and insight, his hard work, and his sense of tor and her steadfast support for rural Amer- THE RETIREMENT OF RICHARD humor. ica. A woman of great integrity, her efforts, her ‘‘RICK’’ HEALY Rick, we wish you the best of luck. dedication, and her expertise in her field are unparalleled and will be greatly missed. HON. BETTY McCOLLUM f Mr. Speaker, I ask my colleagues to join me OF MINNESOTA HONORING THE 100TH ANNIVER- in extending our sincerest appreciation and IN THE HOUSE OF REPRESENTATIVES SARY OF BOY SCOUT TROOP 151 best wishes to Ms. Krysta Harden upon the Thursday, February 25, 2016 occasion of her departure from an outstanding HON. JERRY McNERNEY career at the U.S. Department of Agriculture. Ms. MCCOLLUM. Mr. Speaker, I rise today to offer my profound thanks for the service OF CALIFORNIA and best wishes on the retirement of Rick IN THE HOUSE OF REPRESENTATIVES f Healy. Rick has worked in the House of Rep- Thursday, February 25, 2016 PERSONAL EXPLANATION resentatives for over 35 years, which is mul- tiple lifetimes here on the Hill. Mr. MCNERNEY. Mr. Speaker, I ask my col- Rick’s career in the House encompassed leagues to join me in recognizing the 100th HON. TAMMY DUCKWORTH more than three decades of dedicated service anniversary of Boy Scout Troop 151 in Anti- to the people of Minnesota’s 4th Congres- och, California. Formed in 1916, it is one of OF ILLINOIS sional District, to the House Natural Re- the oldest troops in California. IN THE HOUSE OF REPRESENTATIVES sources Committee, and to the Appropriations Since 1910, the Boy Scouts of America Committee. have helped mold future leaders of our coun- Thursday, February 25, 2016 I was fortunate enough to have Rick work try by teaching lifelong values and skills with me as the Democratic Clerk for the Inte- through educational activities. The Boy Scouts Ms. DUCKWORTH. Mr. Speaker, on Feb- rior Appropriations Subcommittee during his believe that helping the youth of America ruary 23, 2016, on Roll Call No. 83 on the Mo- last year, before departing this month to work today sets us on a path to become a more re- tion to Suspend the Rules and Pass H.R. with our former Chairman Jim Moran in the sponsible, respectful and productive society 4408, to require the development of a national private sector. tomorrow. From its inception, Troop 151 has strategy to combat terrorist travel, and for Rick is a proud son of St. Paul. He grad- built a program consisting of traditional out- other purposes, as amended, I am not re- uated from St. Thomas, and his wife, Cecilia, door scouting activities that include camping, corded because I was absent for medical rea- is a St. Kate’s grad. The first Congressional backpacking, and hiking to promote physical sons. Had I been present, I would have voted experience Rick gained was as an intern with fitness and good character. YEA on this bill to require the U.S. Depart- his Member of Congress, Representative Community involvement continues to be a ment of Homeland Security, within 180 days of Bruce Vento. He then joined the Congress- guiding principle for the Boy Scouts of Amer- enactment, to transmit a national strategy to man’s staff in DC working on environmental ica. Troop 151 was instrumental in the res- Congress to combat terrorist travel. issues in 1980. When Bruce became the urrection of the Antioch’s Veterans Day cele- On February 23, 2016, on Roll Call No. 84 Chairman of the Subcommittee on National bration and they annually provide traditional on the Motion to Suspend the Rules and Pass Parks, Forests and Public Lands, Rick left his flag services to the Veterans’ Day celebration H.R. 4402, Foreign Fighter Review Act of personal office and joined the Subcommittee among other important community events. The 2016, as amended, I am not recorded be- staff. boys of Troop 151 are proof that scouting can cause I was absent for medical reasons. Had Congressman Vento is remembered both in help build a greater sense of personal respon- I been present, I would have voted YEA on Minnesota and nationally for his tremendous sibility and high self-esteem. As a result, this bill to require the U.S. Department of dedication and passion for the conservation of scouts are better prepared to make good deci- Homeland Security, within 120 days of enact- America’s wilderness and natural treasures. sions and give back to our community. ment, to provide a report to Congress on in- Rick Healy played a pivotal role in advancing I ask my colleagues to join me in com- stances or attempted instances since 2011 of those efforts. He supported Chairman Vento mending the Boy Scouts of Troop 151 for one foreign fighter travel from the United States to and his successors in crafting much of the hundred years of service to the City of Antioch Iraq or Syria. major public lands legislation passed through and its residents.

VerDate Sep 11 2014 05:32 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.033 E25FEPT1 emcdonald on DSK67QTVN1PROD with REMARKS February 25, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E229 A JOINT RESOLUTION DIS- RECOGNIZING THE 24TH ANNIVER- Program (UCWIP) has granted the opportunity APPROVING THE SALE OF WEAP- SARY OF THE KHOJALY MAS- for a select group of Australian students from ON SYSTEMS TO PAKISTAN SACRE ten partner universities the opportunity to in- tern in a Congressional office from January to HON. DANA ROHRABACHER HON. STEVE COHEN March each year. Since 1999, over 180 Aus- OF TENNESSEE tralian students have had the benefit of par- OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES taking in these internships, and credit is due to IN THE HOUSE OF REPRESENTATIVES Thursday, February 25, 2016 Eric Federing, a former senior Senate and Thursday, February 25, 2016 House Congressional staffer who founded and Mr. COHEN. Mr. Speaker, this week marks continues to coordinate the program. The stu- Mr. ROHRABACHER. Mr. Speaker, today I the 24th anniversary of the massacre of hun- submit to the House of Representatives a dents must undertake a rigorous application dreds of people in the town of Khojaly in what process to be successful and come from a Joint Resolution disapproving the sale of was the largest killing of ethnic Azerbaijani ci- range of backgrounds. The program is a mu- weapon systems to Pakistan. The Government vilians in the course of the Armenia-Azerbaijan tual exchange—the students use their time in of Pakistan has been using weapons from the conflict. Khojaly, which is located in the Washington, D.C. to develop their knowledge United States to repress its own citizens and Nagorno-Karabakh region of Azerbaijan, was of American politics and have the opportunity especially the people of Baluchistan. The de- once home to 7,000 people. However, on Feb- ciding factor of whether to support this Joint ruary 26, 1992, Armenian armed forces de- to work on a range of issues that are of per- Resolution is, for me, the arrogant and hostile scended on the town in a final attempt to take sonal interest, while simultaneously sharing actions taken by the Government of Pakistan over the city. In doing so, they massacred experiences from their home country with their against the man who helped bring Osama Bin over 600 unarmed people—including 106 office. Laden to justice. women and 83 children—and left less than This year, our office is lucky to be hosting Emily Denbigh from the University of Adelaide. Osama Bin Laden was a mass murderer of 2,000 survivors. Hundreds more became dis- Emily is currently in her 4th year of a Bach- 3,000 Americans on September 11, 2001. abled due to their horrific injuries. More than elor’s degree in Law and Arts, pursuing a Anyone who helped bring him to justice is an one hundred children lost a parent and 25 major in Development Studies and a minor in American hero. The Government of Pakistan children lost both parents. At least 8 families French. She is passionate about social justice arrested Dr. Shakil Afridi and continues to hold were completely obliterated. issues, and has previously undertaken an in- him in a cage. That arrest was a declaration Even though a ceasefire went into effect ternship in Tanzania with a women’s legal of hostility toward the United States. Our gov- over two decades ago, more than 20 percent rights organization. She is interested in pur- ernment should not provide military equipment of Azerbaijan’s territory, including Nagorno- suing a career in international human rights to Pakistan, let alone F–16s, as long as they Karabakh and seven surrounding districts, re- law or environmental law. During her time in are holding Dr. Afridi. His continued incarcer- main occupied and more than 1 million Washington, D.C., Emily has enjoyed learning ation is an action which underscores that the Azerbaijanis remain refugees unable to return about the dynamic American political system Government of Pakistan considers itself our to their home villages. Ongoing violence along and California’s beautiful 20th district. She has enemy, not our friend. the line of contact surrounding occupied Azer- baijani territory reinforces the urgency of ro- developed her knowledge of legal environ- bust American participation in the Organization mental issues, including what the American ju- f for Security and Co-operation in Europe’s dicial system and legislators can do to combat HONORING SANDY BEST (OSCE) Minsk Group as it works toward a climate change and promote conservation. peaceful resolution of the Azerbaijan-Armenia She has also enjoyed talking to our constitu- HON. JOHN KLINE conflict. ents, who take a particular interest in her ac- Azerbaijan is the only country that borders cent. OF MINNESOTA both Russia and Iran, and yet Azerbaijan has We have enjoyed hearing her accent and all IN THE HOUSE OF REPRESENTATIVES been a strong partner of the United States and of her wonderful ideas. Emily is a hardworking Thursday, February 25, 2016 its allies in security and energy matters. This and highly intelligent woman. She is a strong cooperation has included: enforcing sanctions writer and researcher and her passion for the Mr. KLINE. Mr. Speaker, I rise today to against Iran; providing troops to serve shoul- environment and social justice shows in all the honor a historic promotion in the Minnesota der-to-shoulder with U.S. forces in Kosovo, conversations I have had with her and through National Guard. Today, the Minnesota Guard Iraq, and Afghanistan; allowing transit for 40 her writing. She has been a great asset to our will conduct a promotion ceremony for Colonel percent of all non-lethal equipment used by team and we will be sorry to see her leave. Sandy Best, who will become the first female NATO forces through Azerbaijan to Afghani- My staff and I have greatly enjoyed partici- general in Minnesota National Guard history stan; construction of the Southern Gas Cor- pating in the UCWIP program since its incep- when she is promoted to Brigadier General. ridor from the Caspian Sea to Italy, thereby tion. I thank Mr. Federing for his hard work General Best will be the Air Chief of Staff providing Europe with an alternative to Rus- and dedication in bringing these Australian responsible for command supervision, over- sian energy sources; and supplying 40 percent students to our nation’s capital and for send- sight, and leadership of the 133rd Airlift Wing of Israel’s oil. ing us Emily this session. at the Minneapolis-St. Paul Joint Air Reserve I invite my colleagues to join me and our Station, and the 148th Fighter Wing in Duluth. Azerbaijani friends in recognizing and remem- f Mr. Speaker, General Best began her ca- bering the horrible events that occurred during PERSONAL EXPLANATION reer more than 30 years ago when she, a Min- the Khojaly Massacre twenty-four years ago. neapolis Edison High School graduate, en- As Azerbaijanis in all parts of the world con- HON. BILL HUIZENGA listed in the Minnesota Air National Guard in tinue to grieve the loss of loved ones, let us OF MICHIGAN 1984 as a Personnel Specialist. In 1991, she commemorate their losses with support of IN THE HOUSE OF REPRESENTATIVES was commissioned through the Academy of non-violent efforts to resolve the Nagorno- Military Science at McGhee Tyson Air National Karabakh conflict and of reforms that promote Thursday, February 25, 2016 Guard Base in Tennessee, contributing to the peace and stability throughout the Southern Mr. HUIZENGA of Michigan. Mr. Speaker, I Minnesota Guard in a variety of positions ever Caucasus region. rise today regarding missed votes on February since. f 9, 2016 through February 12, 2016, February General Best’s passion for our soldiers, their IN HONOR OF THE UNI-CAPITOL 23, 2016, and February 24, 2016 due to the families, and our country as well as her advo- WASHINGTON INTERNSHIP PRO- death of my father. cacy for the National Guard has been excep- GRAM Had I been present for roll call vote number tional. I have always appreciated our meetings 64, passage of H.R. 3036—The National 9/11 in Minnesota and in Washington and I look HON. SAM FARR Memorial at the World Trade Center Act, I forward to working with the new Brigadier would have voted ‘‘yea.’’ OF CALIFORNIA General. Had I been present for roll call vote number IN THE HOUSE OF REPRESENTATIVES Mr. Speaker, this promotion is well deserved 65, ordering the previous question for H. Res. and I wish General Best my best, and con- Thursday, February 25, 2016 609, I would have voted ‘‘yea.’’ gratulate her and the Minnesota National Mr. FARR. Mr. Speaker, for the past 17 Had I been present for roll call vote number Guard on this historic achievement. years, the Uni-Capitol Washington Internship 66, H. Res. 609, the combined rule providing

VerDate Sep 11 2014 05:32 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.038 E25FEPT1 emcdonald on DSK67QTVN1PROD with REMARKS E230 CONGRESSIONAL RECORD — Extensions of Remarks February 25, 2016 for consideration of H.R. 3293—The Scientific Had I been present for roll call vote number Had I been present for roll call vote number Research in the National Interest Act and H.R. 73, the Grijalva Amendment to H.R. 3442— 80, the Schrader Amendment to H.R. 2017— 3442—The Debt Management and Fiscal Re- The Debt Management and Fiscal Responsi- The Commonsense Nutrition Disclosure Act, I sponsibility Act, I would have voted ‘‘yea.’’ bility Act, I would have voted ‘‘nay.’’ would have voted ‘‘nay.’’ Had I been present for roll call vote number Had I been present for roll call vote number Had I been present for roll call vote number 67, passage of H.R. 4470—The Safe Drinking 74, the Takano Amendment to H.R. 3442— 81, passage of H.R. 2017—The Common- Water Act Improved Compliance Awareness The Debt Management and Fiscal Responsi- sense Nutrition Disclosure Act, I would have Act, I would have voted ‘‘yea.’’ bility Act, I would have voted ‘‘nay.’’ voted ‘‘yea.’’ Had I been present for roll call vote number Had I been present for roll call vote number Had I been present for roll call vote number 68, the E.B. Johnson Amendment to H.R. 75, the motion to recommit H.R. 3442—The 82, to concur in the Senate Amendment to 3293—The Scientific Research in the National Debt Management and Fiscal Responsibility H.R. 757—The North Korea Sanctions and Interest Act, I would have voted ‘‘nay.’’ Act, I would have voted ‘‘nay.’’ Policy Enhancement Act, I would have voted Had I been present for roll call vote number Had I been present for roll call vote number ‘‘yea.’’ 69, the motion to recommit H.R. 3293—The 76, passage of H.R. 3442—The Debt Manage- Had I been present for roll call vote number Scientific Research in the National Interest ment and Fiscal Responsibility Act, I would 83, passage of H.R. 4408—The National Act, I would have voted ‘‘nay.’’ have voted ‘‘yea.’’ Had I been present for roll call vote number Had I been present for roll call vote number Strategy to Combat Terrorist Travel Act, I 70, passage of H.R. 3293—The Scientific Re- 77, ordering the previous question for H. Res. would have voted ‘‘yea.’’ search in the National Interest Act, I would 611, I would have voted ‘‘yea.’’ Had I been present for roll call vote number have voted ‘‘yea.’’ Had I been present for roll call vote number 84, passage of H.R. 4402—The Foreign Fight- Had I been present for roll call vote number 78, H. Res. 609, the rule providing for consid- er Review Act, I would have voted ‘‘yea.’’ 71, the Kelly Amendment to H.R. 3442—The eration of H.R. 2017—The Commonsense Nu- Had I been present for roll call vote number Debt Management and Fiscal Responsibility trition Disclosure Act, I would have voted 85, ordering the previous question for H. Res. Act, I would have voted ‘‘nay.’’ ‘‘yea.’’ 618, I would have voted ‘‘yea.’’ Had I been present for roll call vote number Had I been present for roll call vote number Had I been present for roll call vote number 72, the Duffy Amendment to H.R. 3442—The 79, the McMorris Rodgers Amendment to H.R. 86, H. Res. 618, the rule providing for consid- Debt Management and Fiscal Responsibility 2017—The Commonsense Nutrition Disclo- eration of H.R. 3624—The Fraudulent Joinder Act, I would have voted ‘‘yea.’’ sure Act, I would have voted ‘‘yea.’’ Prevention Act, I would have voted ‘‘yea.’’

VerDate Sep 11 2014 05:32 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A25FE8.042 E25FEPT1 emcdonald on DSK67QTVN1PROD with REMARKS Thursday, February 25, 2016 Daily Digest Senate 2 Marine Corps nominations in the rank of gen- Chamber Action eral. Page S1062 Routine Proceedings, pages S1017–S1062 Messages from the House: Page S1056 Measures Introduced: Twenty-four bills and four Measures Referred: Page S1057 resolutions were introduced, as follows: S. 2580–2603, S.J. Res. 31, S. Res. 375–376, and S. Enrolled Bills Presented: Page S1057 Con. Res. 32. Pages S1057–58 Additional Cosponsors: Pages S1058–59 Measures Passed: Statements on Introduced Bills/Resolutions: Relative to the Death of Supreme Court Justice Pages S1059–61 Antonin Scalia: By a unanimous vote of 93 yeas Additional Statements: Pages S1055–56 (Vote No. 26), Senate agreed to S. Res. 374, relating Amendments Submitted: Pages S1061–62 to the death of Antonin Scalia, Associate Justice of Authorities for Committees to Meet: Page S1062 the Supreme Court of the United States. Page S1036 Measures Considered: Privileges of the Floor: Page S1062 Comprehensive Addiction And Recovery Act— Record Votes: One record vote was taken today. Cloture: Senate began consideration of the motion to (Total—26) Page S1036 proceed to consideration of S. 524, to authorize the Adjournment: Senate convened at 9:30 a.m. and Attorney General to award grants to address the na- adjourned at 5:49 p.m., until 3 p.m. on Monday, tional epidemics of prescription opioid abuse and February 29, 2016. (For Senate’s program, see the re- heroin use. Pages S1037–45 marks of the Acting Majority Leader in today’s A motion was entered to close further debate on Record on page S1062.) the motion to proceed to consideration of the bill, and, in accordance with the provisions of rule XXII of the Standing Rules of the Senate, and pursuant to Committee Meetings the unanimous-consent agreement of Thursday, Feb- (Committees not listed did not meet) ruary 25, 2016, a vote on cloture will occur at 5:30 p.m., on Monday, February 29, 2016. Page S1037 APPROPRIATIONS: DEPARTMENT OF A unanimous-consent agreement was reached pro- JUSTICE viding that at 5 p.m., on Monday, February 29, Committee on Appropriations: Subcommittee on Com- 2016, Senate resume consideration of the motion to merce, Justice, Science, and Related Agencies con- proceed to consideration of the bill, with the time cluded a hearing to examine proposed budget esti- until 5:30 p.m., equally divided between the two mates and justification for fiscal year 2017 for the managers, or their designees. Page S1062 Department of Justice, after receiving testimony Nominations Received: Senate received the fol- from Loretta E. Lynch, Attorney General, Depart- lowing nominations: ment of Justice. Donald W. Beatty, of South Carolina, to be United States District Judge for the District of NOMINATIONS South Carolina, Vice Cameron M. Currie, retired. Committee on Armed Services: Committee concluded a Donald C. Coggins, Jr., of South Carolina, to be hearing to examine the nominations of Brad R. Car- United States District Judge for the District of son, of Oklahoma, to be Under Secretary for Per- South Carolina. sonnel and Readiness, Jennifer M. O’Connor, of Lucy Haeran Koh, of California, to be United Maryland, to be General Counsel, and Todd A. States Circuit Judge for the Ninth Circuit. Weiler, of Virginia, to be an Assistant Secretary, all D172

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of the Department of Defense, after the nominees New York; Ronil Hira, Howard University, Wash- testified and answered questions in their own behalf. ington, D.C.; and Leo Perrero, Longwood, Florida. LIFE SAVING TREATMENTS U.S. PATENT SYSTEM Committee on Homeland Security and Governmental Af- Committee on Small Business and Entrepreneurship: Com- fairs: Committee concluded a hearing to examine mittee concluded a hearing to examine changes to connecting patients to new and potential life saving the United States patent system and impacts on treatments, after receiving testimony from Darcy America’s small businesses, including S. 632, to Olsen, Goldwater Institute, Phoenix, Arizona; Joseph strengthen the position of the United States as the V. Gulfo, Farleigh Dickinson University Rothman world’s leading innovator by amending title 35, Institute of Innovation and Entrepreneurship, New United States Code, to protect the property rights of York, New York; Nancy Goodman, Kids v Cancer, the inventors that grow the country’s economy, S. Washington, D.C.; Laura McLinn, Indianapolis, In- 926, to amend the patent law to promote basic re- diana; and Diego Morris, Phoenix, Arizona. search, to stimulate publication of scientific docu- NOMINATION ments, to encourage collaboration in scientific en- Committee on Health, Education, Labor, and Pensions: deavors, to improve the transfer of technology to the Committee concluded a hearing to examine the private sector, S. 1137, to amend title 35, United nomination of John B. King, of New York, to be States Code, and the Leahy-Smith America Invents Secretary of Education, after the nominee, who was Act to make improvements and technical corrections, introduced by Representative Robert C. Scott, testi- H.R. 9, to amend title 35, United States Code, and fied and answered questions in his own behalf. the Leahy-Smith America Invents Act to make im- provements and technical corrections, and H.R. 616, IMPACT OF HIGH-SKILLED IMMIGRATION to amend the Immigration and Nationality Act to Committee on the Judiciary: Subcommittee on Immi- provide for reforms to the EB–5 immigrant investor gration and the National Interest concluded a hear- program, after receiving testimony from Robert L. ing to examine the impact of high-skilled immigra- Stoll, Drinker Biddle and Reath LLP, and Brian P. tion on United States workers, after receiving testi- O’Shaughnessy, Licensing Executives Society (USA mony from John M. Miano, Washington Alliance of and Canada), Inc., both of Washington, D.C. Technology Workers, Summit, New Jersey; Mark O’Neill, Jackthreads, New York, New York; Hal INTELLIGENCE Salzman, Rutgers University E.J. Bloustein School of Select Committee on Intelligence: Committee held closed Planning and Public Policy J.J. Heldrich Center for hearings on intelligence matters, receiving testimony Workforce Development, New Brunswick, New Jer- from officials of the intelligence community. sey; Chad Sparber, Colgate University, Hamilton, Committee recessed subject to the call. h House of Representatives Recess: The House recessed at 2:01 p.m. and recon- Chamber Action vened at 3:15 p.m. Page H915 Public Bills and Resolutions Introduced: 21 pub- Fraudulent Joinder Prevention Act of 2016: The lic bills, H.R. 4612–4632; and 5 resolutions, H.J. House passed H.R. 3624, to amend title 28, United Res. 82; H. Con. Res. 118–119; and H. Res. States Code, to prevent fraudulent joinder, by a re- 625–626, were introduced. Pages H948–49 corded vote of 229 ayes to 189 noes, Roll No. 89. Additional Cosponsors: Pages H950–51 Pages H907–15, H915–18 Rejected the Watson Coleman motion to recom- Reports Filed: There were no reports filed today. mit the bill to the Committee on the Judiciary with Speaker: Read a letter from the Speaker wherein he instructions to report the same back to the House appointed Representative Hardy to act as Speaker forthwith with amendments, by a recorded vote of pro tempore for today. Page H895 180 ayes to 239 noes, Roll No. 88. Pages H916–17 Recess: The House recessed at 10:50 a.m. and re- Pursuant to the Rule, the amendment in the na- convened at 12 noon. Page H900 ture of a substitute recommended by the Committee on the Judiciary now printed in the bill shall be

VerDate Sep 11 2014 04:15 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D25FE6.REC D25FEPT1 emcdonald on DSK67QTVN1PROD with DIGEST D174 CONGRESSIONAL RECORD — DAILY DIGEST February 25, 2016 considered as an original bill for the purpose of Deputy Director, Indian Health Service; and Mary amendment under the five-minute rule. Page H913 Smith, Deputy Director, Indian Health Service. Agreed to: VETERANS AFFAIRS OFFICE OF THE Buck amendment (No. 1 printed in H. Rept. INSPECTOR GENERAL 114–428) that makes technical changes to the bill; striking references to multiple defendants and replac- Committee on Appropriations: Subcommittee on Mili- ing them with references to single defendants. tary Construction, Veterans Affairs, and Related Page H913 Agencies held an oversight hearing on Veterans Af- Rejected: fairs Office of the Inspector General. Testimony was Cartwright amendment (No. 2 printed in H. heard from Linda A. Halliday, Deputy Inspector Rept. 114–428) that sought to create a separate ex- General, Department of Veterans Affairs; and John ception for plaintiffs seeking compensation resulting David Daigh, Jr., M.D., Assistant Inspector General from the bad faith of an insurer (by a recorded vote for Healthcare Inspections, Department of Veterans of 178 ayes to 237 noes, Roll No. 87). Affairs. Pages H913–15, H915–16 APPROPRIATIONS—DEPARTMENT OF H. Res. 618, the rule providing for consideration DEFENSE of the bill (H.R. 3624) was agreed to yesterday, Feb- Committee on Appropriations: Subcommittee on Defense ruary 24th. held a budget hearing on the Department of De- SHARE Act: The House began consideration of fense. Testimony was heard from Ashton B. Carter, H.R. 2406, to protect and enhance opportunities for Secretary, Department of Defense; General Joseph F. recreational hunting, fishing, and shooting. Consid- Dunford, Jr., United States Marine Corps, Chairman, eration is expected to resume tomorrow, February Joint Chiefs of Staff; and Mike McCord, Under Sec- 26th. Pages H919–29 retary, Department of Defense. H. Res. 619, the rule providing for consideration APPROPRIATIONS—DEPARTMENT OF of the bill (H.R. 2406) was agreed to by a yea-and- HEALTH AND HUMAN SERVICES nay vote of 241 yeas to 175 nays, Roll No. 91, after the previous question was ordered by a yea-and-nay Committee on Appropriations: Subcommittee on Labor, vote of 240 yeas to 178 nays, Roll No. 90. Health and Human Services, and Education held a Pages H903–07, H918–19 budget hearing on Department of Health and Human Services. Testimony was heard from Sylvia Quorum Calls—Votes: Two yea-and-nay votes and Burwell, Secretary, Department of Health and three recorded votes developed during the pro- Human Services. ceedings of today and appear on pages H915–16, H916–17, H917–18, H918–19, and H919. There APPROPRIATIONS—FOOD AND DRUG were no quorum calls. ADMINISTRATION Adjournment: The House met at 10 a.m. and ad- Committee on Appropriations: Subcommittee on Agri- journed at 7:52 p.m. culture, Rural Development, Food and Drug Admin- istration, and Related Agencies held a budget hear- ing on the Food and Drug Administration. Testi- Committee Meetings mony was heard from Stephen Ostroff, Acting Com- missioner, Food and Drug Administration; and Jay REVIEW OF G–20 SWAP DATA REPORTING Tyler, Chief Financial Officer, Food and Drug Ad- GOALS ministration. Committee on Agriculture: Subcommittee on Com- APPROPRIATIONS—OFFICE OF NAVAJO modity Exchanges, Energy, and Credit held a hear- AND HOPI INDIAN RELOCATION ing to review the G–20 swap data reporting goals. Testimony was heard from John Rogers, Chief Infor- Committee on Appropriations: Subcommittee on Inte- mation Officer, Commodity Futures Trading Com- rior, Environment, and Related Agencies held a mission; and public witnesses. budget hearing on the Office of Navajo and Hopi Indian Relocation. Testimony was heard from Chris APPROPRIATIONS—INDIAN HEALTH Bavasi, Executive Director, Office of Navajo and SERVICE Hope Indian Relocation. Committee on Appropriations: Subcommittee on Inte- APPROPRIATIONS—FEDERAL BUREAU OF rior, Environment, and Related Agencies held a INVESTIGATION budget hearing on the Indian Health Service. Testi- Committee on Appropriations: Subcommittee on Com- mony was heard from Robert McSwain, Principal merce, Justice, Science, and Related Agencies held a

VerDate Sep 11 2014 04:15 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D25FE6.REC D25FEPT1 emcdonald on DSK67QTVN1PROD with DIGEST February 25, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D175 budget hearing on the Federal Bureau of Investiga- 2015’’; H.R. 3797, the ‘‘Satisfying Energy Needs tion. Testimony was heard from James B. Comey, and Saving the Environment (SENSE) Act’’; H.R. Director, Federal Bureau of Investigation. 4238, to amend the Department of Energy Organi- APPROPRIATIONS—CONSUMER PRODUCT zation Act and the Local Public Works Capital De- SAFETY COMMISSION velopment and Investment Act of 1976 to modernize terms relating to minorities; H.R. 4427, to amend Committee on Appropriations: Subcommittee on Finan- section 203 of the Federal Power Act; H.R. 4444, cial Services and General Government held a budget the ‘‘EPS Improvement Act’’; H.R. 4557, the hearing on the Consumer Product Safety Commis- ‘‘Blocking Regulatory Interference from Closing sion. Testimony was heard from Elliot F. Kaye, Kilns (BRICK) Act’’; H.R. 2080, to extend the Chairman, Consumer Product Safety Commission; and Ann Marie Buerkle, Commissioner, Consumer deadline for commencement of construction of a hy- Product Safety Commission. droelectric project involving Clark Canyon Dam; H.R. 2081, to extend the deadline for commence- FULL SPECTRUM SECURITY CHALLENGES ment of construction of a hydroelectric project in- IN EUROPE AND THEIR EFFECTS ON volving the Gibson Dam; H.R. 3447, to extend the DETERRENCE AND DEFENSE deadline for commencement of construction of a hy- Committee on Armed Services: Full Committee held a droelectric project involving the W. Kerr Scott hearing entitled ‘‘Full Spectrum Security Challenges Dam; H.R. 4411, to extend the deadline for com- in Europe and Their Effects on Deterrence and De- mencement of construction of a hydroelectric project fense’’. Testimony was heard from General Philip M. involving the Gathright Dam; H.R. 4416, to extend Breedlove, USAF, Commander, United States Euro- the deadline for commencement of construction of a pean Command. hydroelectric project involving the Jennings Ran- DEPARTMENT OF THE NAVY 2017 BUDGET dolph Dam; H.R. 4412, to extend the deadline for REQUEST AND SEAPOWER AND commencement of construction of a hydroelectric PROJECTION FORCES project involving the Flannagan Dam; and H.R. 4434, to extend the deadline for commencement of Committee on Armed Services: Subcommittee on construction of a hydroelectric project involving the Seapower and Projection Forces held a hearing enti- Cannonsville Dam. The following bills were ordered tled ‘‘Department of the Navy 2017 Budget Request and Seapower and Projection Forces’’. Testimony was reported, without amendment: H.R. 4583, H.R. heard from Sean J. Stackley, Assistant Secretary of 2984, H.R. 3797, H.R. 4557, H.R. 4238, H.R. the Navy, Research, Development, and Acquisition; 4427, H.R. 4444, H.R. 3021, H.R. 2080, H.R. Vice Admiral Joseph P. Mulloy, USN, Deputy Chief 2081, H.R. 3447, H.R. 4411, H.R. 4416, H.R. of Naval Operations, Integration of Capabilities and 4412, and H.R. 4434. The following bills were or- Resources (N8); and Lieutenant General Robert S. dered reported, as amended: H.R. 4596 and H.R. Walsh, USMC, Deputy Commandant, Capability 1268. Development and Integration. PUERTO RICO’S DEBT CRISIS AND ITS NEXT STEPS FOR K-12 EDUCATION: IMPACT ON THE BOND MARKETS UPHOLDING THE LETTER AND INTENT OF THE EVERY STUDENT SUCCEEDS ACT Committee on Financial Services: Subcommittee on Oversight and Investigations held a hearing entitled Committee on Education and the Workforce: Full Com- ‘‘Puerto Rico’s Debt Crisis and Its Impact on the mittee held a hearing entitled ‘‘Next Steps for K–12 Bond Markets’’. Testimony was heard from public Education: Upholding the Letter and Intent of the Every Student Succeeds Act’’. Testimony was heard witnesses. from John B. King, Acting Secretary, Department of Education. THE IMPACT OF INTERNATIONAL REGULATORY STANDARDS ON THE MISCELLANEOUS MEASURES COMPETITIVENESS OF U.S. INSURERS: Committee on Energy and Commerce: Full Committee PART II concluded a markup on H.R. 4596, the ‘‘Small Busi- Committee on Financial Services: Subcommittee on ness Broadband Deployment Act’’; H.R. 4583, to Housing and Insurance held a hearing entitled ‘‘The promote a 21st century energy and manufacturing Impact of International Regulatory Standards on the workforce; H.R. 1268, the ‘‘Energy Efficient Gov- Competitiveness of U.S. Insurers: Part II’’. Testi- ernment Technology Act’’; H.R. 2984, the ‘‘Fair mony was heard from public witnesses. RATES Act’’; H.R. 3021, the ‘‘AIR Survey Act of

VerDate Sep 11 2014 04:15 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D25FE6.REC D25FEPT1 emcdonald on DSK67QTVN1PROD with DIGEST D176 CONGRESSIONAL RECORD — DAILY DIGEST February 25, 2016 STRENGTHENING U.S. LEADERSHIP IN A change Clarification Act’’; H.R. 4510, the ‘‘Bolts TURBULENT WORLD: THE FY 2017 Ditch Access and Use Act’’; and H.R. 4579, the FOREIGN AFFAIRS BUDGET ‘‘Utah Test and Training Range Encroachment Pre- Committee on Foreign Affairs: Full Committee held a vention and Temporary Closure Act’’. Testimony was hearing entitled ‘‘Strengthening U.S. Leadership in a heard from Representatives Young of Alaska; Wal- Turbulent World: The FY 2017 Foreign Affairs den; Labrador; Polis; and Stewart; James Sample, Di- Budget’’. Testimony was heard from John F. Kerry, rector, Range Planning, Office of the Deputy Assist- Secretary of State, Department of State. ant Secretary of the Air Force (Installations); Glen PROBING DHS’S BOTCHED MANAGEMENT Casamassa, Acting Deputy Chief, National Forest OF THE HUMAN RESOURCES System, U.S. Forest Service; Karen Mouritsen, Dep- INFORMATION TECHNOLOGY PROGRAM uty Assistant Director, Energy, Minerals and Realty Management, Bureau of Land Management; Gordon Committee on Homeland Security: Subcommittee on Cruickshank, District 2 Commissioner, Chair, Valley Oversight and Management Efficiency held a hearing County, Idaho; and a public witness. entitled ‘‘Probing DHS’s Botched Management of the Human Resources Information Technology Pro- SECURITY CLEARANCE REFORM: THE gram’’. Testimony was heard from Carol R. Cha, Di- PERFORMANCE ACCOUNTABILITY rector, Information Technology Acquisition Manage- ment Issues, Government Accountability Office; COUNCIL’S PATH FORWARD Chip Fulghum, Deputy Under Secretary for Manage- Committee on Oversight and Government Reform: Full ment, Department of Homeland Security; and An- Committee held a hearing entitled ‘‘Security Clear- gela Bailey, Chief Human Capital Officer, Depart- ance Reform: The Performance Accountability Coun- ment of Homeland Security. cil’s Path Forward’’. Testimony was heard from Beth EMERGING CYBER THREATS TO THE Cobert, Acting Director, Office of Personnel Man- UNITED STATES agement; Terry Halvorsen, Chief Information Offi- cer, Department of Defense; Tony Scott, Deputy Di- Committee on Homeland Security: Subcommittee on Cy- rector for Management, Office of Management and bersecurity, Infrastructure Protection, and Security Budget; and William Evanina, Director of National Technologies held a hearing entitled ‘‘Emerging Counterintelligence and Security Center, Office of Cyber Threats to the United States’’. Testimony was the Director of National Intelligence. heard from public witnesses. INTERNATIONAL CONFLICTS OF LAW REVIEW OF CONSUMER OPERATED AND CONCERNING CROSS BORDER DATA FLOW ORIENTED PLANS AND LAW ENFORCEMENT REQUESTS Committee on Oversight and Government Reform: Sub- Committee on the Judiciary: Full Committee held a committee on Health Care, Benefits and Administra- hearing entitled ‘‘International Conflicts of Law Con- tive Rules held a hearing entitled ‘‘Review of Con- cerning Cross Border Data Flow and Law Enforce- sumer Operated and Oriented Plans (CO–OPs)’’. ment Requests’’. Testimony was heard from David Testimony was heard from Mandy Cohen, M.D., Bitkower, Principal Deputy Assistant Attorney Gen- Chief Operating Officer and Chief of Staff, Centers eral, Department of Justice; and public witnesses. for Medicare and Medicaid Services, Department of THE U.S. DEPARTMENT OF TREASURY’S Health and Human Services; and Al Redmer, Jr., ANALYSIS OF THE SITUATION IN PUERTO Commissioner, Maryland Insurance Administration. RICO Committee on Natural Resources: Full Committee held THE SPACE LEADERSHIP PRESERVATION a hearing entitled ‘‘The U.S. Department of Treas- ACT AND THE NEED FOR STABILITY AT ury’s Analysis of the Situation in Puerto Rico’’. Tes- NASA timony was heard from Antonio Weiss, Counselor to Committee on Science, Space, and Technology: Full Com- the Secretary, Department of the Treasury. mittee held a hearing entitled ‘‘The Space Leadership LEGISLATIVE MEASURES Preservation Act and the Need for Stability at Committee on Natural Resources: Subcommittee on Fed- NASA’’. Testimony was heard from Representative eral Lands held a hearing on H.R. 2316, the ‘‘Self- Culberson; Cristina Chaplain, Director of Acquisition Sufficient Community Lands Act’’; H.R. 3650, the and Sourcing Management, Government Account- ‘‘State National Forest Management Act of 2015’’; ability Office; and public witnesses. H.R. 3826, the ‘‘Mount Hood Cooper Spur Land Ex-

VerDate Sep 11 2014 04:15 Feb 26, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D25FE6.REC D25FEPT1 emcdonald on DSK67QTVN1PROD with DIGEST February 25, 2016 CONGRESSIONAL RECORD — DAILY DIGEST D177 HOTLINE TRUTHS: ISSUES RAISED BY rector, Central Intelligence Agency; James Comey, RECENT AUDITS OF DEFENSE Director, Federal Bureau of Investigation; Nicholas CONTRACTING Rasmussen, Director, National Counterterrorism Committee on Small Business: Subcommittee on Con- Center; Lieutenant General Vincent Stewart, Direc- tracting and the Workforce held a hearing entitled tor, Defense Intelligence Agency; and Rick Ledgett, ‘‘Hotline Truths: Issues Raised by Recent Audits of Deputy Director, National Security Agency. Defense Contracting’’. Testimony was heard from WORLD WIDE THREATS Michael Roark, Assistant Inspector General for Con- Permanent Select Committee on Intelligence: Full Com- tract Management and Payments, Office of the In- mittee held a hearing entitled ‘‘World Wide spector General, Department of Defense; and a pub- Threats’’. This hearing was closed. lic witness. REAUTHORIZATION OF DOT’S PIPELINE Joint Meetings SAFETY PROGRAM No joint committee meetings were held. Committee on Transportation and Infrastructure: Sub- committee on Railroads, Pipelines, and Hazardous f Materials held a hearing entitled ‘‘Reauthorization of COMMITTEE MEETINGS FOR FRIDAY, DOT’s Pipeline Safety Program’’. Testimony was FEBRUARY 26, 2016 heard from Representatives Knight; Sherman; and (Committee meetings are open unless otherwise indicated) Speier; Marie Therese Dominguez, Administrator, Pipeline and Hazardous Materials Safety Administra- Senate tion; and public witnesses. No meetings/hearings scheduled. BUSINESS MEETING; MISCELLANEOUS House MEASURES Committee on Appropriations, Subcommittee on Agri- Committee on Veterans’ Affairs: Full Committee held a culture, Rural Development, Food and Drug Administra- business meeting for the official Committee photo of tion, and Related Agencies, budget hearing on USDA the 114th Congress; and a markup of H.R. 4336, Natural Resources and Environment, 9:30 a.m., 2362–A the ‘‘Women Airforce Service Pilot Arlington Rayburn. Inurnment Restoration Act’’; H.R. 4063, the ‘‘Jason Subcommittee on Energy and Water Development, Simcakoski PROMISE Act’’; H.R. 4129, the budget hearing on Army Corps of Engineers, 9:30 a.m., ‘‘Jumpstart VA Construction Act’’; H.R. 1769, the 2359 Rayburn. Subcommittee on Military Construction, Veterans Af- ‘‘Toxic Exposure Research Act of 2015’’; H.R. 3484, fairs, and Related Agencies, oversight hearing on quality the ‘‘Los Angeles Homeless Veterans Leasing Act of of life in the military, 9:30 a.m., 2362–B Rayburn. 2015’’; H.R. 4591, to amend title 38, United States Committee on Armed Services, Subcommittee on Readi- Code, to authorize the Secretary of Veterans Affairs ness, hearing entitled ‘‘Department of the Army 2017 to enter into agreements with certain health care Operation and Maintenance Budget Request and Readi- providers to furnish hospital care, medical services, ness Posture’’, 8 a.m., 2118 Rayburn. and extended care to veterans; and H.R. 4590, the Subcommittee on Military Personnel, hearing entitled ‘‘FY 2016 VA Seismic Safety, Construction, and ‘‘Ensuring Medical Readiness in the Future’’, 9:30 a.m., Lease Authorization Act’’. The following bills were 2212 Rayburn. ordered reported, as amended: H.R. 4591, H.R. Committee on Energy and Commerce, Subcommittee on 4336, H.R. 4063, H.R. 1769, H.R. 3484, and H.R. Commerce, Manufacturing, and Trade, hearing entitled ‘‘Disrupter Series: 3D Printing’’, 10 a.m., 2123 Rayburn. 4590. The following bills were ordered reported, Committee on Homeland Security, Subcommittee on Emer- without amendment: H.R. 4129. gency Preparedness, Response, and Communications, WORLD WIDE THREATS hearing entitled ‘‘Food for Thought: Efforts to Defend the Nation’s Agriculture and Food’’, 10 a.m., 311 Cannon. Permanent Select Committee on Intelligence: Full Com- Committee on Oversight and Government Reform, Sub- mittee held a hearing entitled ‘‘World Wide committee on Transportation and Public Assets, hearing Threats’’. Testimony was heard from James Clapper, entitled ‘‘Oversight of Federal Vehicles’’, 9 a.m., 2154 Director of National Intelligence; John Brennan, Di- Rayburn.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 3 p.m., Monday, February 29 9 a.m., Friday, February 26

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Friday: Complete consideration of H.R. morning business (not to extend beyond 5 p.m.), Senate 2406—Sportsmen’s Heritage and Recreational Enhance- will resume consideration of the motion to proceed to ment (SHARE) Act. consideration of S. 524, Comprehensive Addiction and Recovery Act, and vote on the motion to invoke cloture on the motion to proceed to consideration of the bill at 5:30 p.m.

Extensions of Remarks, as inserted in this issue

HOUSE Hensarling, Jeb, Tex., E218 Poe, Ted, Tex., E219 Huizenga, Bill, Mich., E229 Rangel, Charles B., N.Y., E216 Aderholt, Robert B., Ala., E217, E223 Hunter, Duncan, Calif., E215 Rogers, Mike, Ala., E226 Barr, Andy, Ky., E222 Jackson Lee, Sheila, Tex., E215 Rohrabacher, Dana, Calif., E229 Benishek, Dan, Mich., E215 Johnson, Eddie Bernice, Tex., E224 Ruiz, Raul, Calif., E220 Bishop, Sanford D., Jr., Ga., E227 Jolly, David W., Fla., E226 Ryan, Tim, Ohio, E216, E217, E218 Brooks, Susan W., Ind., E223 Kennedy, Joseph P., III, Mass., E225 Schakowsky, Janice D., Ill., E225 Coffman, Mike, Colo., E220 Kline, John, Minn., E229 Serrano, Jose´ E., N.Y., E217, E221, E222, E224 Cohen, Steve, Tenn., E229 Lee, Barbara, Calif., E220 Courtney, Joe, Conn., E220 Loebsack, David, Iowa, E218 Sessions, Pete, Tex., E219 Duckworth, Tammy, Ill., E228 Lujan Grisham, Michelle, N.M., E224 Slaughter, Louise McIntosh, N.Y., E218 Ellison, Keith, Minn., E220 Matsui, Doris O., Calif., E221 Speier, Jackie, Calif., E216 Farr, Sam, Calif., E229 McCollum, Betty, Minn., E228 Stutzman, Marlin A., Ind., E225 Garamendi, John, Calif., E215 McNerney, Jerry, Calif., E228 Webster, Daniel, Fla., E219 Garrett, Scott, N.J., E218 Olson, Pete, Tex., E218, E221, E222, E223, E228 Whitfield, Ed, Ky., E222 Hahn, Janice, Calif., E226 Pallone, Frank, Jr., N.J., E222 Young, David, Iowa, E217, E221, E227

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