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

Vol. 163 WASHINGTON, TUESDAY, MAY 9, 2017 No. 80 House of Representatives The House was not in session today. Its next meeting will be held on Thursday, May 11, 2017, at 2 p.m. Senate TUESDAY, MAY 9, 2017

The Senate met at 10 a.m. and was I trust, Lord, even now, that every of Heroin Orphans.’’ It told the story of called to order by the President pro person who is responsible for the lead- five Kentucky children living with tempore (Mr. HATCH). ership of this Nation would be under their grandparents due to their moth- the guise and under the leadership of er’s addiction. Sadly, this family is not f God. We thank You so much for all the unique. Nearly 3 million grandparents PRAYER blessings of life and for Your goodness or other relatives across the country The PRESIDENT pro tempore. To- to us. are caring for grandchildren. According day’s opening prayer will be offered by I pray, Lord, even now that You will to experts, this uptick in children left Rev. Harold D. Mathena from Okla- continue to bless America. In Jesus’s without their parents is due, at least in homa City, OK. Name we pray. Amen. part, to this epidemic. It is one of the The guest Chaplain offered the fol- f many reasons the heroin and prescrip- lowing prayer: tion opioid crisis requires continued PLEDGE OF ALLEGIANCE Our Father in Heaven, we bow before action. You in Jesus’s Name to ask Your bless- The President pro tempore led the Americans across the country—law ing upon this place, to ask Your bless- Pledge of Allegiance, as follows: enforcement, nurses, family members, ing upon His people. What a joy it is to I pledge allegiance to the Flag of the and many others—have dedicated have access to the throne of God and be United States of America, and to the Repub- themselves to reversing this crisis. able to intervene on behalf of these. lic for which it stands, one nation under God, Congress has taken significant steps to We trust, Lord, in Jesus’s Name that indivisible, with liberty and justice for all. combat this growing problem on a bi- You would give Godly wisdom and dis- f partisan basis. Through legislation like cernment to the men and women who the Comprehensive Addiction and Re- RECOGNITION OF THE MAJORITY serve in this place. We ask You to give covery Act, CARA, and the 21st cen- LEADER them an unusual power and ability to tury cures bill, we authorized impor- perform and to do the things that are The PRESIDING OFFICER (Mr. tant ways to help fight the opioid epi- pleasing to You. SASSE). The majority leader is recog- demic through things like expanded We pray, Lord, that You sanctify nized. education and prevention initiatives, every person in this room to salvation, f improved treatment programs, and we that You would enlighten us, enable us bolstered law enforcement efforts. Im- to comprehend and know better the NOMINATION OF SCOTT GOTTLIEB plementation of these initiatives is al- mind and heart of God. Mr. MCCONNELL. Mr. President, the ready helping to tackle this crisis. Lord, we pray that You would con- heroin and prescription opioid epi- I was proud to support these pieces of vince us of our sin, of righteousness, demic is taking a heartbreaking toll on legislation because I knew they could and of judgment to come. We pray, families and communities across our make a real impact in the fight against Lord, that You would draw an imagi- country. Experts estimate that as opioid abuse, and they are. We were nary circle—if we could do that—about many as 2 million Americans are strug- able to take another positive step just this room and that You would get in gling with prescription drug addiction, last week. Congress passed an impor- this circle with us, empowering us and with heroin and opioid overdoses tant piece of funding legislation, now enabling us, equipping us, if You will, claiming an average of 91 lives every law, that is helping advance and sup- to do the work that You called us to day. port many of the programs Congress do. This certainly isn’t a difficult job; We continue to read the devastating authorized in CARA and the 21st cen- it is an impossible job, apart from Di- headlines, too, like one article pub- tury cures bill last year—programs vine wisdom, Godly wisdom. lished by CNN entitled ‘‘A Generation that can advance medical innovation

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

S2821

.

VerDate Sep 11 2014 23:26 May 09, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A09MY6.000 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE S2822 CONGRESSIONAL RECORD — SENATE May 9, 2017 and promote research and treatment EXECUTIVE SESSION their voting systems? No. Has the Re- development. publican-led Congress passed sanctions That funding legislation dedicated on Russia in response to this attack on significant new resources to the fight EXECUTIVE CALENDAR our democracy? Has it passed meaning- against the opioid epidemic. It helped The PRESIDING OFFICER. Under ful cyber security legislation? No. fund groundbreaking research into the the previous order, the Senate will pro- Quite simply, the failure of this field of regenerative medicine. With its ceed to executive session to resume President and Congress to address the passage, Congress took one more crit- consideration of the Gottlieb nomina- security threat is a stunning abdica- ical step forward in the advancement of tion, which the clerk will report. tion of responsibility to protect the medical research and addiction treat- The assistant bill clerk read the United States and our democratic val- ment. nomination of Scott Gottlieb, of Con- ues. The Senate will soon have another necticut, to be Commissioner of Food As if the conclusions of 17 U.S. intel- opportunity to move ahead in the fight and Drugs, Department of Health and ligence agencies weren’t enough to against this devastating disease by vot- Human Services. raise concerns, let’s review what ing to confirm Dr. Scott Gottlieb to The PRESIDING OFFICER. Under emerged just over the recent April re- oversee the Food and Drug Administra- the previous order, the time until 12:30 cess. For example, Reuters reported tion. p.m. will be equally divided in the that a Russian Government think The FDA plays a central role in the usual form. approval of new drug treatments and tank, controlled by Russian dictator The assistant Democratic leader. Vladimir Putin, developed a plan to therapies. An important part of the Mr. DURBIN. Mr. President, I ask 21st Century Cures Act provided an ac- swing our 2016 Presidential election to unanimous consent to speak as in Donald Trump and undermine voters’ celerated pathway for the FDA to ap- morning business. prove regenerative medicines. I look faith in our electoral system. The PRESIDING OFFICER. Without The institute, run by a retired senior forward to having a Commissioner like objection, it is so ordered. Dr. Gottlieb, who is committed to the Russian foreign intelligence official, RUSSIA INVESTIGATION development of groundbreaking medi- appointed by Putin, released two key Mr. DURBIN. Mr. President, this cines and treatments to combat serious reports, one in June and one in October weekend we saw a peaceful democratic illnesses. of last year. Additionally, the FDA will continue election in France, one of our key In the first, it argued that ‘‘the to be a crucial partner as States like Western allies in the bedrock of Euro- Kremlin launch a propaganda cam- Kentucky continue their fight against pean stability after two terrible wars paign on social media and Russian the opioid epidemic. The FDA plays an in the last century. What happened state-backed global news outlets to en- important regulatory and oversight just before the Sunday election in courage US voters to elect a president role in combating this crisis. France? There was a massive cyber at- who would take a softer line toward I have encouraged the agency to tack on the leading candidate, the one Russia than the administration of incentivize the approval of safer, more who prevailed, Emmanuel Macron. then-President Obama.’’ abuse-deterrent formulations of drugs, Whom do experts suspect was behind The second warning said: and I am glad when they have con- this cyber attack trying to manipulate [P]residential candidate Hillary Clinton curred. These types of constructive pol- another Western election, trying to was likely to win the election. For that rea- icy decisions show an FDA that is foster mistrust in that nation’s demo- son, it argued, it was better for Russia to end ready to join the fight against heart- cratic institutions? Not surprisingly, its pro-Trump propaganda and instead inten- breaking disease and opioid abuse, and Russia. sify its messaging about voter fraud to un- I am proud to support that kind of rig- Yet none of this should surprise any- dermine the US electoral system’s legit- orous oversight from the agency. one. Not only had Russia been sub- imacy and damage Clinton’s reputation in an Dr. Gottlieb has the necessary expe- sidizing Mr. Macron’s opponent, Marine effort to undermine her presidency. rience to serve in this key role. Not Le Pen, who is seen as more sympa- It was also recently disclosed that only has he worked in hospitals, inter- thetic to Moscow, not to mention try- the FBI obtained a Foreign Intel- acting directly with those affected by ing to interfere in Dutch and German ligence Surveillance Court warrant to disease and treatment, but he has also elections as well, but we were warned monitor the communications of former developed and analyzed medical poli- about this by our own intelligence Trump campaign foreign policy adviser cies in both the public and private sec- agencies 6 months ago. Carter Page on the suspicion that he tors. He formed his perspectives on the In early October last year, the U.S. was a Russian agent. Add this to the dynamic public health sector by over- intelligence community detailed Rus- ever-growing list of suspicious rela- seeing medical research and innovation sia’s attack on America’s election and tionships between those in the Trump projects. warned us that other attacks would circle and Russia, from Michael Flynn In 2005, Dr. Gottlieb was appointed follow. During a recent trip to Eastern to Paul Manafort, to Roger Stone, to the FDA’s Deputy Commissioner for Europe, a Polish security expert Felix Sater. Medical and Scientific Affairs. He also warned me that if the United States In fact, just last month, the Repub- has served as senior adviser to the FDA didn’t respond to an attack on its own lican House Intelligence Committee Commissioner and as the agency’s Di- Presidential election by the Russians, chair, JASON CHAFFETZ, and the rank- rector of Medical Policy Development. Putin would feel emboldened to keep ing Democratic member, ELIJAH CUM- As a practicing physician with a up the attacks to undermine and ma- MINGS, said General Flynn may have wealth of policy experience, Dr. Gott- nipulate elections all through the free broken the law by failing to disclose on lieb has the necessary qualifications to world. his security clearance forms payments lead the FDA at this critical time. The What has this administration and of more than $65,000 from companies Senate voted to advance his nomina- this Congress done to respond to the linked to Russia. Yet, incredibly, the tion last night on a bipartisan basis, cyber act of war by the Russians White House continues to stonewall re- and I look forward to his confirmation. against America’s democracy? Has quests for documents related to Gen- f President Trump clearly acknowledged eral Flynn. RESERVATION OF LEADER TIME Russia’s attack on the U.S. and force- White House ethics lawyer during the The PRESIDING OFFICER. Under fully condemned the actions? No. Has George Bush administration, Richard the previous order, the leadership time President Trump warned Russia to stop Painter, wrote of this stonewalling: is reserved. meddling in the United States and ‘‘US House must subpoena the docs. other democratic elections in France, . . . Zero tolerance for WH [White f Germany, and other countries? No. Has House] covering up foreign payoffs.’’ CONCLUSION OF MORNING President Trump proposed a plan to Is it any wonder why, in recent testi- BUSINESS help the United States thwart any fu- mony to Congress, FBI Director Comey The PRESIDING OFFICER. Morning ture attack on the next election and to acknowledged an investigation of Rus- business is closed. help our States protect the integrity of sian interference in our election, which

VerDate Sep 11 2014 23:26 May 09, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G09MY6.002 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE May 9, 2017 CONGRESSIONAL RECORD — SENATE S2823 he said included possible links between yesterday, but the occasional sub- Russia for their cyber attack on the Russia and Trump associates. committee hearing is not enough. Let’s United States of America? That attack Finally, over the recess—on tax day, make sure we know for the record that makes November 8, 2016, a day that to be precise—there were nationwide this subcommittee—chaired by Senator will live in cyber infamy in America’s protests calling on President Trump to LINDSEY GRAHAM, a Republican of history. It is time for the Republicans take the necessary step to dispel con- South Carolina, and Ranking Member and the Democrats to show the appro- cerns by releasing his taxes once and SHELDON WHITEHOUSE, a Democrat of priate concern for this breach of our for all. The concern over his taxes goes Rhode Island—did a yeoman’s duty— national security. to the serious question as to how much not just yesterday but in a previous We have a bipartisan Russian sanc- Russian money is part of the Trump hearing, without being allocated any tions bill ready to go to the Senate business empire. In 2008, Donald additional resources for this investiga- Foreign Relations Committee. What Trump, Jr., said Trump’s businesses tion, without being given additional are we waiting for? ‘‘see a lot of money pouring in from staff. They have brought to the atten- I yield the floor. Russia.’’ This was despite his father in- tion of the American people some im- I suggest the absence of a quorum. credibly saying this just a few months portant facts about what transpired in The PRESIDING OFFICER. The ago: ‘‘I have nothing to do with Rus- the Trump White House after it was clerk will call the roll. sia—no deals, no loans, no nothing!’’ clear that General Flynn had been The assistant bill clerk proceeded to It appears that the Russians were compromised by the Russians. call the roll. some of the few willing to take on the But the occasional subcommittee Mr. MARKEY. Mr. President, I ask financial risk required to invest in hearing like this is not enough. We unanimous consent that the order for Trump’s precarious business deals. Any need an independent, bipartisan com- the quorum call be rescinded. such Russian money, combined with mission with investigative resources The PRESIDING OFFICER (Mr. the President’s refusal to formally sep- and the power necessary to dig into all FLAKE). Without objection, it is so or- arate himself from his business oper- of the unanswered questions. Until we dered. ations during his Presidency, demand do, the efforts of this committee or Mr. MARKEY. Mr. President, I rise the release of his tax returns. Trump’s that committee are not enough. It has today to speak in opposition to the response to the mounting calls to re- to be a conscious effort on a national nomination of Dr. Scott Gottlieb to lease these returns—the usual—is to basis by an independent commission. lead the Food and Drug Administra- attack everyone asking questions and For President Trump, these issues do tion. blindly dismiss the issue as being irrel- not appear to be relevant, yet there is The FDA Commissioner is our Na- evant. a simple way to resolve the many ques- tion’s pharmaceutical gatekeeper, but Of course, the Senate Judiciary Sub- tions that are before us. for years the FDA has granted unfet- committee had compelling testimony First, disclose your tax returns and tered access to Big Pharma and its ad- yesterday from former Acting Attor- clear up, among other questions, what dictive opioid painkillers to the Amer- ney General Sally Yates and former Di- your son said in 2008 about a lot of Rus- ican public. The result is a prescription rector of National Intelligence James sian money pouring into your family drug, heroin, and fentanyl epidemic of Clapper. Miss Yates discussed the ur- business. tragic proportions and the greatest gent warning that she delivered to the No. 2, answer all the questions about public health crisis our Nation cur- White House Counsel on January 26 campaign contacts with the Russians, rently faces. that the National Security Advisor to including your former campaign man- At a time when we need its leader to the President of the United States, ager Paul Manafort, former National break the stronghold of big pharma- General Flynn, had been compromised Security Advisor Michael Flynn, and ceutical companies on the FDA, Dr. and was subject to blackmail by the former policy advisor Carter Page. Scott Gottlieb would be nothing more Russians. It was a warning she re- No. 3, quite simply, explain the re- than an agent of Big Pharma. Dr. Gott- peated in two meetings and a phone ports of repeated contacts between lieb’s record shows that he doesn’t sup- call. your campaign operatives and Russian port using the tools that the FDA has What did the White House do in re- intelligence. at its disposal to minimize the risks to sponse to the Acting Attorney General No. 4, answer all the questions about public health from the misuse of pre- warning them that the highest adviser your close friend Roger Stone’s com- scription opioids. in the White House on national secu- ments that suggest he had knowledge The current opioid epidemic is a rity could be blackmailed by the Rus- of Wikileaks’ having and using, in stra- man-made problem. It was born out of sians? Nothing. For 18 days, General tegically timed releases when your the greed of big pharmaceutical compa- Flynn continued to staff President campaign was struggling, information nies and aided by the FDA, which will- Trump for a phone call with Vladimir that had been hacked by the Russians fully green-lighted supercharged pain- Putin and other highly sensitive na- from your opponent’s campaign. killers like OxyContin. But, in order tional security matters. No. 5, explain your ties to Russian for us to understand this public health Think of that. After being warned by foreign businessman Felix Sater, who emergency and the critical role that the Attorney General that the man sit- worked at the Bayrock Group invest- leadership at the FDA has played and ting in the room with you, the highest ment firm, which partnered with your will continue to play in this crisis, we level of National Security Advisor, business and had ties to Russian need a brief history lesson. We need to could be compromised by the Russians, money. understand where these opioids come President Trump continued to invite No. 6, provide all requested docu- from. General Flynn for 18 days in that ca- ments to Congress related to Michael In 1898, a German chemist introduced pacity. White House Press Secretary Flynn, who concealed his payments heroin to the world—a reproduction of Sean Spicer said: from the Russian interests. If there is an earlier form of morphine believed to When the President heard the information nothing to hide, this is your chance to be nonaddictive. The name ‘‘heroin’’ as presented by White House Counsel, he in- clear up things once and for all. was derived from the German word stinctively thought that General Flynn did To my Republican colleagues I say ‘‘heroisch,’’ which means ‘‘heroic.’’ not do anything wrong, and that the White again that these Russian connections That is how men described the way House Counsel’s review corroborated that. may constitute a national security cri- they felt after taking the new drug. Let’s be clear. It is bad enough to sis. We need to have the facts. How In the first decade of the 20th cen- have a National Security Advisor who long will we wait for these desperately tury, doctors were led to believe that is subject to blackmail by the Rus- needed answers before we establish an heroin was nonaddictive and prescribed sians. The fact that the Trump White independent commission investigation, it for many ailments. But heroin addic- House didn’t see that as an urgent as we have done when faced with pre- tion soon became prevalent, so the gov- problem is deeply troubling. vious attacks on America? ernment began to regulate its use, in- I am glad the Senate Crime and Ter- Finally, how long will we sit by be- cluding arresting doctors who pre- rorism Subcommittee held this hearing fore passing additional sanctions on scribed it to those who were already

VerDate Sep 11 2014 23:26 May 09, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G09MY6.003 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE S2824 CONGRESSIONAL RECORD — SENATE May 9, 2017 addicted, and the medical community ments after pleading guilty in Federal raise serious questions about why the began to stop prescribing it. Inevi- court to misleading regulators, doc- President brought him onboard to tably, the addicted turned to illegal tors, and patients about the risks of begin with and why the President and markets to feed their dependence. addiction to OxyContin and its poten- his staff did not respond more quickly Wariness toward prescribing opioid- tial for abuse. The company’s presi- to protect our national security. based painkillers for anything other dent, top lawyer, and former chief med- Both parties in Congress should be than terminal illnesses continued ical officer also pled guilty to criminal focused on the threat posed by Russia’s through the 20th century, all the way misdemeanor charges and paid $34 mil- hacking activities and Russia’s at- up until the late 1970s and the early lion in fines. tempt to influence foreign elections, 1980s. At that time, the international In many cases, the FDA approved so- especially ours. Make no mistake debate broke out on pain management. called ‘‘abuse-deterrent’’ opioids, de- about it. These cyber attacks will not The question was asked: Was it inhu- spite warnings from the medical com- be limited to any one party or any mane to allow patients to suffer need- munity about the potential for abuse. President. Anyone who draws the ire of lessly through pain when opioid-based And when it wasn’t turning a blind eye President Putin—President, Senator, medications were available? to the warnings of experts, the FDA Member of Congress, elected official— Many advocates for increased use of simply didn’t engage them at all in ap- could be subject to these dark attacks. painkillers pointed to a 1980 letter to proval of opioids with abuse-deterrent Whatever is good for Russia at the mo- the New England Journal of Medicine, properties. With numerous approvals of ment, whatever hurts the United which concluded that only 1 percent of so-called abuse-deterrent opioids in States the most, that is what he will patients who were prescribed opiate- 2010, the agency convened advisory pursue. based painkillers became addicted to committees of outside experts for less Director Clapper testified that Rus- their medication. Known as the Porter than half of them. sia likely feels ‘‘emboldened’’ to con- and Jick letter because it was named Mr. President, I note the presence of tinue its hacking activities, given their after the two Boston researchers who the minority leader on the floor. At success at disrupting our 2016 elections. conducted the research and authored this time I ask unanimous consent to He said: the letter, it fueled a belief that opi- suspend this portion of my statement If there has ever been a clarion call for vig- ate-based prescription drugs were not and to return to it when the minority ilance and action against a threat to the addictive. It was a belief that began to very foundation of our democratic political leader has concluded speaking to the system, this episode is it. permeate the medical community. Senate. But there was a problem with Porter The PRESIDING OFFICER. Without Those are his words, not mine. and Jick’s conclusions. They had only objection, it is so ordered. I hope the American people recognize the collected data on patients who were re- severity of this threat and that we collec- RECOGNITION OF THE MINORITY LEADER tively counter it before it further erodes the ceiving inpatient care. As you can The Democratic leader is recognized. imagine, the percentage of patients fabric of our democracy. Mr. SCHUMER. Mr. President, first I I couldn’t agree more with Mr. Clap- who became addicted to opiates while wish to thank my friend and our great in the hospital was only a tiny fraction per. I hope these hearings are just the Senator from Massachusetts, Mr. MAR- start of a bipartisan discussion on how of the patients who received opiate pre- KEY, for the great work he has done on scription drugs in an outpatient set- to combat these efforts and safeguard the opioid issue. He was one of the first the integrity of our elections. Demo- ting. to sound the alarm when prescription But the medical community was not crats and Republicans should join to- drugs just began to be overprescribed the only group espousing theories that gether and figure out what Russia had and has worked very, very hard, with opiates were not addictive. With the done to us in the past and how we pre- many successes, in trying to deal with FDA’s 1995 approval of the original vent it from happening in the future. this problem. We have a long way to OxyContin, the original sin of the opi- Again, as Director Clapper said, the go. Things would have been a lot worse ate crisis, we can literally point to the very foundation of our democracy is at without the great work of the Senator starting point of this epidemic. The stake. from Massachusetts. FDA approved the original version of The Founding Fathers, in their wis- I see my colleague from New Hamp- OxyContin, an extended-release opioid, dom, wrote in the Constitution that we shire on the floor, as well, and the and believed that it ‘‘would result in had to worry about foreign inter- same goes for her. She has done an out- less abuse potential since the drug ference. It is happening now in a way standing job. She has worked and cam- would be absorbed slowly and there that has never happened before, and in paigned on this issue and is keeping would not be an immediate ‘rush’ or a bipartisan way we must act. her promises, working very hard here high that would promote abuse.’’ TRUMPCARE In 1996, Purdue Pharma brought in the U.S. Senate. We know that their Mr. President, now a word on OxyContin to the market, earning the States are among the top States with healthcare. The bill the House of Rep- company $48 million in sales just that opioid abuse problems. resentatives passed last week is dev- year alone. Purdue Pharma claimed RUSSIA INVESTIGATION astating in so many ways and to so OxyContin was nonaddictive and Mr. President, at yesterday’s Judici- many groups of Americans—to older couldn’t be abused, and the FDA ary Committee hearing, we heard from Americans, who would be charged five agreed. Neither of those claims turned former Deputy Attorney General Sally times as much as others; to middle- out to be true. Yates and former Director of National class Americans, who will be paying on Purdue Pharma built a massive mar- Intelligence James Clapper. In their average $1,500 a year more for their keting and sales program for testimony, both of them confirmed coverage in the next few years; to OxyContin. From 1996 to 2000, Purdue what we already know—that Russia lower income Americans, who are Pharma’s sales force more than dou- tried to interfere in our elections and struggling to make it into the middle bled, from 318 to 671 sales representa- likely will do so again. Underline class and who will be paying thousands tives. In 2001 alone, Purdue gave out $40 ‘‘likely will do so again.’’ of dollars more per year; to women, for million in sales bonuses to its bur- In particular, Deputy AG Yates made whom pregnancy could now become a geoning sales force. These sales rep- the point that General Flynn misled preexisting condition—amazing. resentatives then targeted healthcare the Vice President about his contact Why are they making these cuts? For providers who were more willing to with the Russian Ambassador and was all too many on the other side of the prescribe opioid painkillers. vulnerable to blackmail since the Rus- aisle, it is for one purpose: to give a As a result of these sales and mar- sians knew about those conversations. massive tax break to the wealthy— keting efforts from 1997 to 2002, It is still an open question whether folks making over $250,000 a year. God OxyContin prescriptions increased al- or not the Trump administration will bless the wealthy. They are doing well. most tenfold, from 670,000 in 1997 to 6.2 hold General Flynn accountable under They don’t need a tax break at the ex- million prescriptions in 2002. our criminal law. Needless to say, his pense of everyone else, especially when Then, in 2007, Purdue Pharma paid presence in the administration and the it comes to something as important as $600 million in fines and other pay- length of time it took to dismiss him healthcare.

VerDate Sep 11 2014 23:26 May 09, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G09MY6.005 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE May 9, 2017 CONGRESSIONAL RECORD — SENATE S2825 Amazingly, this bill is even dev- support Donald Trump don’t want to tional concerns from his nomination astating to our veterans. That is what embrace that idea, but it is happening hearing about his stances on critical I would like to focus on for the remain- in issue after issue. They will see it— priorities for people in New Hampshire der of my time this morning. saying one thing and doing another. and across the Nation. You would think that when the That is another reason for Senate Re- As I mentioned, and as Senator MAR- House of Representatives was writing publicans to scrap this bill, scrap re- KEY has detailed, as well, the most its bill, the House Members would be peal, and start working with Demo- pressing public health and safety chal- more careful to make sure that our crats on bipartisan ways to improve lenge facing New Hampshire is the her- veterans, who put their lives on the our healthcare system. oin, fentanyl, and opioid crisis. I want line for our country, wouldn’t be hurt Today, we Democrats will be sending to thank the Senator from Massachu- by their legislation. In their haste to a letter to the Republican leadership setts for his leadership and work in cobble together a bill that could pass laying out our position on healthcare. helping to identify the root causes of the House, the Republican majority ac- All 48 Democrats and the two Inde- this terrible epidemic. tually prohibited anyone who is eligi- pendents who caucus with us have Yesterday, I was in New Hampshire, ble for coverage at the VA from being signed it. It has been our position all and I met with the Drug Enforcement eligible for the tax credits in this bill. along: We are ready to work in a bipar- Agency leaders and personnel there. I I am sure my Republican friends who tisan, open, and transparent way to im- heard updates from those on the rushed to draft this bill thought that prove and reform our healthcare sys- frontlines about the latest develop- was a perfectly fine policy. After all, tem. ments in the substance misuse crisis. our veterans can get care at the VA. In Look, we have made a lot of progress We discussed the spread of the dan- fact, many veterans don’t get their in the last few years. Kids can now stay gerous synthetic drug carfentanil, care from the Department of Veterans on their parents’ plan until they are 26. which is 100 times stronger than the al- Affairs. Yes, they are eligible, but Women are no longer charged more for ready deadly drug fentanyl. many live in rural communities that the same coverage. There are more A report released this week by New don’t have a VA facility. Many can’t go Americans insured than ever before. Futures showed the economic impact to the VA because of means testing. These are good things. We ought to of alcohol and substance misuse costs. Some get treated at the VA for a spe- keep them and then build on our It costs New Hampshire’s economy now cific injury related to their service but progress. over $2 billion a year. It is clear that rely on private insurance for the rest of To our Republican friends we say we need to take stronger action to this. Drop this idea of repeal. Drop this their healthcare. I am sure some vet- combat this crisis. nightmare of a bill, TrumpCare, which erans would simply prefer the choice to We have to continue partnering to- raises costs on our veterans, and come have private insurance rather than go gether with those on the frontlines and work with us on ways to reduce the through the VA. at every level of government. We need Under TrumpCare, any veteran who cost of premiums, the cost of prescrip- to be developing new tools and falls into one of these categories would tion drugs, and other out-of-pocket leveraging the ones we have to combat be denied the tax credits they need to costs. We can find ways to make our this crisis. get affordable coverage. Let me repeat healthcare system better if we work to- What we cannot afford to do is to in- that. As many as 7 million veterans, gether. TrumpCare is not the answer. stitute policies that would take us I want to thank my friend from Mas- possibly more, who qualify for VA backward. Unfortunately, Dr. Gottlieb sachusetts for the courtesy. healthcare wouldn’t be eligible for the has been opposed to the creation of one I yield the floor back to the Senator. of the key tools that the FDA has at tax credits they need to get affordable The PRESIDING OFFICER. The Sen- its disposal—risk evaluation and miti- insurance on the private market. ator from Massachusetts. For the sake of perspective, under Mr. MARKEY. Mr. President, I thank gation strategies, otherwise known as TrumpCare, folks who make over our leader for his great leadership on REMS. The agency uses REMS—includ- $250,000 a year get a massive tax break all of these national security and ing, as a strategy, prescriber training— while taxes and costs would go up for healthcare issues. I think he has in- to try to stem the risks associated so many of our brave veterans. jected some common sense into how with certain medications. The FDA should be making REMS I am not sure it is possible for a bill, the American people should be viewing stronger and making sure that all and for the party that passed it, to get each and every one of those very im- opioid medications have REMS. We its priorities more wrong than that. It portant issues. His national leadership don’t need a Commissioner who op- is the shameful consequence of a is greatly appreciated. slapdash, partisan bill that was thrown Let me turn now and yield to the posed the very creation of the REMS together at the last minute—a bill great Senator from the State of New program, as Dr. Gottlieb did. In the whose purpose, it seems, is not to pro- Hampshire, where this opioid epidemic midst of a public health challenge as serious as this epidemic, we should be vide better coverage or lower costs or has hit hardest of all, Senator HASSAN. even to provide better care for our vet- The PRESIDING OFFICER. The Sen- taking—and we have to take—an all- erans. Its purpose seems to be to pro- ator from New Hampshire. hands-on-deck approach. The fact that vide tax breaks to the very wealthy. Ms. HASSAN. I thank Senator MAR- Dr. Gottlieb was opposed to the very For the President, who lobbied for KEY. creation of REMS raises questions this bill down to the individual Mem- Mr. President, I, too, want to thank about what strategies the FDA would ber, it is another giant broken promise Leader SCHUMER for his remarks and support under his leadership. to the working people and, in this case, his work on national security and on There is another issue involved in to our veterans. healthcare and, in particular, on the this nomination of deep concern to the President Trump made improving the opioid, heroin, and fentanyl epidemic, people of New Hampshire. I am con- healthcare of our veterans a theme of which is the greatest public health and cerned about Dr. Gottlieb’s record of his campaign. Just a few weeks ago, he safety challenge that the State of New putting politics ahead of science when said that ‘‘the veterans have poured Hampshire faces and which I know it comes to women’s health. To com- out their sweat and blood and tears for many other States face as well. pete economically on a level playing this country for so long and it’s time I rise today to oppose the nomination field, women must be able to make that they are recognized and it’s time of Dr. Scott Gottlieb to serve as the their own decisions about when and if that we now take care of them and Commissioner of the Food and Drug to start a family. To fully participate take care of them properly.’’ Administration. It is the responsibility not only in our economy but also in His healthcare bill, TrumpCare, of the Food and Drug Administration, our democracy, women must be recog- would deny the means of affording pri- starting with its Commissioner, to pro- nized for their capacity to make their vate insurance to as many as 7 million tect consumers and stand up for public own healthcare decisions, just as men veterans and maybe more—another health. are. They must also have the full inde- broken promise, saying one thing and I have serious concerns about Dr. pendence to make their own healthcare doing another. Many of the people who Gottlieb’s record. I also have addi- decisions, just as men do.

VerDate Sep 11 2014 23:26 May 09, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G09MY6.007 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE S2826 CONGRESSIONAL RECORD — SENATE May 9, 2017 Unfortunately, this administration large urban areas into our suburbs. robbed of their potential when they has made clear that it is focused on an These systems collided in a perfect died of an opioid overdose, but Dr. agenda that restricts women’s access storm that has caused the epidemic we Scott Gottlieb has openly questioned to critical health services, including are experiencing today: the over- the value of the Drug Enforcement Ad- family planning. prescription of opioid painkillers that ministration’s enforcement against Dr. Gottlieb’s record has dem- were approved by the FDA, the over- doctors and pharmacists to prevent onstrated that he supports this back- the-top sales and marketing programs prescription opioids from entering the ward agenda. During his time in the by a deceptive and deep-pocketed phar- illicit market. The DEA is our pre- Bush administration, Dr. Gottlieb was maceutical giant that went unimpeded scription drug cop on the beat, but Dr. involved in a controversial and for years, and an overabundance of her- Gottlieb wants to give that role to bu- unscientifically based delay in approv- oin flowing into the United States from reaucrats at the Department of Health ing the emergency contraceptive Plan Mexico and South America. All of that and Human Services, an agency that B for over-the-counter use. has led us here. has consistently failed at any kind of I am concerned that under his leader- We know that nationally opioid enforcement. ship, the FDA will play political games overdoses kill more people than gun vi- At the same time, Dr. Gottlieb has with women’s health once again. I am olence or auto accidents. Every single also publicly stated his opposition to afraid that he will disregard science- day in America, we lose more than 91 the FDA’s risk plans, so called REMS— based decisions under pressure from people to an opioid-related overdose. meaning risk evaluation and mitiga- this administration. Dr. Gottlieb’s Nationally, nearly half of all opioid tion strategies—for the use of these nomination raises too many questions overdose deaths involve a prescription opioids. That is what is used to address about whether he will put political in- opioid that was approved by the FDA the safety of opioid painkillers. These terests ahead of science and ahead of and often prescribed by a physician. In vital tools that the FDA has to manage the safety of consumers. Massachusetts, in 2016, 2,000 people died the risk should be made stronger, but I hope that he has learned about the from an opioid overdose. Dr. Gottlieb argues that they should priorities of Senators and the constitu- Who is the typical victim of an opioid not exist at all. Risk evaluation and ents they represent throughout the overdose? Who is the typical substance mitigation strategies—he says they nomination process and that he proves abuser? The answer is that there is should not exist at all. With the over- to be a stronger Commissioner than his none. This epidemic does not discrimi- whelming majority of heroin users re- record suggests. But in voting today, I nate on the basis of age or gender or porting that their addiction began with cannot overlook that record, so I will race or ethnicity or economic status. It prescription opioids, Dr. Gottlieb be- vote against his nomination, and I urge does not care if you live in a city or in lieves drug safety does not need strong my colleagues to do the same. the suburbs. It does not care if you oversight. That is simply irresponsible. I yield the floor. have a white-collar or a blue-collar job. We are suffering this public health The PRESIDING OFFICER (Mr. The 50-year-old White male attorney is epidemic because Big Pharma pushed STRANGE). The Senator from Massachu- just as likely to become addicted to pills they knew were dangerous and ad- setts. prescription drugs or heroin as the 22- dictive. The FDA approved them, often Mr. MARKEY. Thank you, Mr. Presi- year-old Latina waitress. Opioid addic- without expert counsel, and doctors, dent. tion is an equal opportunity destroyer because they do not have mandatory I thank Senator HASSAN for all of her of lives. education on these drugs, prescribed great leadership as Governor of New Those addicted to opiates are too them to innocent families all across Hampshire and now the Senator from often stealing from their friends, their our country. It is a vicious and deadly New Hampshire. The epidemic has hit families and neighbors, or complete cycle that has turned this Nation into New Hampshire very hard, harder than strangers to fuel their addiction. Cars the United States of Oxy, and it must any other place. Her leadership is abso- are broken into, and valuable stereo stop. lutely outstanding. I thank her for all systems are left intact, while a few dol- Dr. Gottlieb’s Big Pharma formula is of her leadership on this nomination as lars in change are stolen. Homes are simple: Take away the DEA oversight well. broken into, and flat-screen television over prescription opioids and give that As we look at this issue, we realize sets remain untouched, while chil- authority to the FDA. Then, at the that a whole epidemic was being cre- dren’s piggy banks go missing. same time, limit the FDA’s ability to ated, but that epidemic was being cre- The impacts of opioid addiction are utilize its full oversight authority over ated because of approvals of ‘‘abuse-de- also causing immeasurable harm to the these addictive products. That would terrent’’ opioids since 2010. I put families of those in the unbreakable leave a mostly unregulated market- ‘‘abuse-deterrent’’ in quotes because it grip of opioids. Too often, I hear the place for big pharmaceutical compa- was extremely deceptive because too stories of parents who have drained nies and their opioid painkillers to many people felt ‘‘abuse-deterrent’’ their entire life savings to provide the thrive, while American families pay meant they could not ultimately be- treatment and recovery programs nec- the highest price they can: the life of come addicted to the medicine. The essary to beat this addiction. Many someone in their family. damage has now been done. The pre- times, it results in bankruptcy filings Perhaps most alarming is Dr. Gott- scription painkiller abuse became that were unimaginable only a few lieb’s connection to a specific pharma- rampant across the country. We had short years ago. ceutical company called Cephalon. become the United States of Oxy, and The opioid crisis is robbing people of Last month, a Washington Post story the opioid issue was well on its way to their friends and their families. It is was published that detailed Dr. Gott- becoming an opioid epidemic because robbing them of their livelihood. It is lieb’s work on behalf of one company, when those who were addicted to Oxy robbing them of their freedom as they Cephalon, to raise the amount of the could no longer afford $60 for a 60-milli- look out from behind prison bars. All addictive opioid fentanyl that the com- gram pill, they opted for low-priced too often, it is robbing them of their pany could market at the same time heroin, which is why we should not be lives. the prescription painkiller epidemic surprised that of those individuals who If we don’t act now, we could lose an was exploding. The Washington Post began abusing heroin in the 2000s, 75 entire generation of people. As this story detailed how Dr. Gottlieb advo- percent reported that their first opioid opioid crisis explodes in my State of cated for the DEA—the Drug Enforce- was a prescription drug. Massachusetts and in every State in ment Administration—to raise the Taking advantage of the new demand the country, we need an FDA leader quota of fentanyl that Cephalon could for heroin, an incredibly sophisticated who will understand that universal manufacture and put on the market, network of drug traffickers from Mex- healthcare does not mean that every even while the company was under in- ico set up franchises in the United American should have access to a bot- vestigation for pushing doctors to pre- States, and now they are responsible tle of prescription opioids. scribe the addictive painkiller for for nearly half of this Nation’s heroin Last year, more than 33,000 mothers, headaches and back pain when it was supply and are branching out from fathers, children, and loved ones were meant for late-stage cancer patients.

VerDate Sep 11 2014 23:26 May 09, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\CR\FM\G09MY6.008 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE May 9, 2017 CONGRESSIONAL RECORD — SENATE S2827 These aggressive and off-label pro- and we need to give them hope. That is perfect and specifically that we need to motion tactics were out of the Perdue what a comprehensive strategy to ad- address the issues within the Afford- Pharma playbook that got us into this dress this crisis is all about, and strong able Care Act exchanges. We need to opioid crisis in the first place. leadership at the FDA is a critical address those issues to lower the Cephalon ultimately pleaded guilty component of any plan. deductibles, lower the copays, and in 2008 to illegally promoting the We need the FDA to be a tough cop make it more affordable. There are fentanyl drug and paid a $425 million on the beat, not a rubberstamp approv- some very straightforward ways of fine. This relationship is deeply dis- ing the latest big pharma painkillers doing that. turbing. that are the cause of this deadly One good idea is to create a public Dr. Gottlieb seems to believe that scourge of addiction in overdoses. We option within the Affordable Care Act pharmaceutical profits are more im- need to stop the overprescription of exchanges, a Medicare-for-all-type portant than the public’s health. When pain medication that is leading to her- choice. What will that do? It will cre- the prescription opioid epidemic was oin addiction and fueling this crisis. ate more competition. That will drive taking deadly hold, Dr. Gottlieb advo- The United States has less than 5 per- down the price of insurance within the cated to put even more addictive cent of the world population, but we Affordable Care Act exchanges, and it fentanyl onto the market when it was consume 80 percent of the global opioid will ensure that you have a provider not appropriate or necessary. painkillers and 99 percent of the global everywhere in the United States in Dr. Gottlieb said during his con- supply of hydrocodone and the active every community of this country. Even firmation hearing that the FDA unwit- ingredients inside of Vicodin. better, the Congressional Budget Of- tingly fueled the opioid epidemic, but We also need to ensure that pre- fice, the last time they looked at it, he is guilty of intentionally pushing an scribers are subject to mandatory edu- concluded that it would save taxpayers addictive prescription opioid onto the cation responsible for prescribing prac- $160 billion over 10 years, so it would American public just to benefit one tices. Anyone who prescribes opioid reduce our deficit. company instead of working to prevent pain medication and other controlled The House Republican wealthcare this massive public health crisis. Dr. substances must undergo mandatory bill doesn’t try to fix the exchanges. Gottlieb’s actions could have made the medical education so we are sure these What it does is blow up the Affordable opioid crisis worse. physicians know what they are doing. Care Act and in the process wreaks Serious questions remain about Dr. The FDA would be in a position to be havoc on our entire healthcare system. Gottlieb’s association with Cephalon, the primary enforcer of this critical You don’t have to take my word for it. which was fined hundreds of millions of education. Just take a look at the long list of dollars for violating FDA rules. We also shouldn’t allow companies to groups that have come out strongly op- After his tenure at the FDA, Scott continue to promote their opioids as posed to the House bill, starting with Gottlieb was then hired by a law firm abuse deterrents. It is misleading. patient advocacy groups, such as the as an expert witness used to defend the Fifty percent of all physicians believe American Lung Association, the Amer- actions of Cephalon in court. the ‘‘abuse deterrent’’ that is on the ican Diabetes Association, the Amer- In advance of this floor vote, I and a label means the drug is not addictive. ican Heart Association, the American group of other Senators questioned Dr. Physicians don’t even know this is ad- Cancer Society, and the list goes on. Gottlieb on this work and the extent of dictive, and we know through Purdue These aren’t Democratic groups. They his historical and financial relation- Pharma that this is just not the case. don’t have only Democratic patients. ship with Cephalon, but we received The FDA is in a prime position to en- They have patients who are Democrats, nothing that shed any light on his rela- sure the terminology used for pro- Republicans, Independents, and people tionship with the company. moting a drug is not confusing or mis- who aren’t participating in the polit- We cannot have a leader at the FDA leading. At this time of crisis, we need ical process. These are groups that care who has worked on behalf of a company a leader at the FDA who recognizes the about patients, they don’t care about that aided and abetted the prescription dangers of prescription painkillers, politics, and they are strongly opposed. drug and heroin epidemic. who will stand up to big pharma and How about those who are providing Sadly, Dr. Gottlieb is yet another ex- reform the FDA to prevent addiction care to those patients? Well, here is a ample of President Trump’s lack of before it takes hold. Dr. Scott Gottlieb partial list of the groups that are commitment to address the opioid cri- is not that individual. strongly opposed: the American Acad- sis. President Trump believes that if Dr. Gottlieb’s nomination signals a emy of Family Physicians; the Amer- we just build a border wall, well, we continuation of FDA policy that has ican Medical Association, the doctors; will end this opioid crisis. cultivated and fueled the opioid epi- the American Academy of Pediatrics, We don’t need a wall, President demic. I strongly oppose Dr. Gottlieb’s the folks who look after the care of our Trump, we need treatment. nomination and call on my colleagues kids; the American Nurses’ Associa- President Trump’s support for the re- to join me in voting no. tion. peal of the Affordable Care Act and the Mr. President, I yield back the floor. Let’s look at the hospital groups. legislation the House passed just last The PRESIDING OFFICER. The Sen- The American Hospital Association week means coverage for opioid-use ator from Maryland is recognized. strongly opposes this; the Children’s disorders for 2.8 million people could be HEALTHCARE LEGISLATION Hospital Association opposes this, and ripped away. President Trump has pro- Mr. VAN HOLLEN. Mr. President, I the list goes on. It is opposed by those posed slashing the research budget of join my colleague in opposing the nom- who are spending all their time advo- the National Institutes of Health by 18 ination of Dr. Gottlieb and thank him cating for patients and opposed by percent, undercutting our ability to for laying out the case. those who provide care to patients. better understand addiction and come The FDA, of course, is an important Then you have a long list of senior up with alternative, less addictive pain part of our healthcare system, and just groups, including AARP, that strongly medication. last week we saw the House of Rep- oppose this because the House bill dis- If President Trump and his Repub- resentatives jam through a piece of criminates against older Americans— lican allies are committed to com- legislation that would wreak havoc on people over 50 years old—because it al- bating the opioid crisis, they should re- the healthcare system. In fact, many lows insurance companies to charge lease their plan for addressing this cri- people are appropriately calling what them a whole lot more for their sis, including committing to quickly they did ‘‘wealthcare’’ because it rep- healthcare than they currently have to release the remaining $500 million au- resents a huge transfer of wealth away pay. thorized last year in the 21st Century from caring for patients to the very These groups don’t care about party. Cures Act, and plan for investing more wealthiest in our country, including They don’t care about politics. They Federal dollars into understanding, many powerful special interests. care about patients in our healthcare preventing, and treating this debili- I think everybody understands—Re- system, and it should tell us all a lot tating disease of addiction. The crisis publicans, Democrats, Independents that they are opposed and strongly op- is wearing families down to the bone alike—the Affordable Care Act is not posed to this bill. Now, why is that?

VerDate Sep 11 2014 23:26 May 09, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G09MY6.010 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE S2828 CONGRESSIONAL RECORD — SENATE May 9, 2017 This House bill is rotten at its core. people in this country—you are getting on that. Maybe that is why the House Its foundation was rotten when the an average annual tax cut of $200,000. didn’t want to wait for the next Con- Congressional Budget Office first Do you know what they did for insur- gressional Budget Office report to tell looked at it, and then they made it ance companies? They used to say the them what their bill would do to the even worse. Let’s look at the founda- bonuses that were paid to the CEOs of American people. tion of this, which the Congressional insurance companies would be taxed, I have already read a little from the Budget Office did have a chance to look but they took that away. So now insur- original Congressional Budget Office at. I do want to remind the Presiding ance companies can essentially pay bo- report that was based on the founda- Officer that the head of the Congres- nuses and deduct those. They can de- tion of this House bill. That hasn’t sional Budget Office was selected by duct those now from their bottom line, changed. That bill is rotten at its core, the chairman of the House Republican which drives up the profits of insurance and as the Congressional Budget Office Budget Committee, the House Budget companies by allowing the deduction of says, it is going to knock 24 million Committee, the Republican chairman, CEO bonuses. So we have $900 billion in people off of affordable healthcare, and the chairman of the Senate Budget tax cuts that primarily go to the going to apply big tax breaks to Committee, a Republican chairman. wealthiest, and $880 billion in cuts to wealthy people, but then they added They took a look at that first founda- the Medicaid Program and Medicare other provisions as well—getting rid of tion of the House bill, and here is what that goes to care for people. That is the essential health benefits, getting they concluded. This is right in their why this bill is rotten at its core, be- rid of protections for preexisting condi- report; that 24 million Americans cause it is going to hurt our healthcare tions. Then it was let’s see no evil, let’s would lose their access to affordable system, according to all those patient hear no evil. We are not even going to healthcare. That is on page 2 of the advocacy groups and all those patient wait for the next Congressional Budget nonpartisan Congressional Budget Of- provider groups, and for what? To give Office report. I am looking forward to fice report. this windfall tax break to the wealthy hearing what they have to say. Why is that? It is because they take and powerful interests. For the American people, I think the a wrecking ball to Medicaid and a That is why it is probably no surprise greatest danger is that here in the Sen- wrecking ball to the exchanges. They that when the American people were ate we are going to hear from a lot of don’t make the exchanges better. They asked about that original House bill, Senators that they don’t like the don’t drive down the prices. They make only 17 percent said: Yes, that is a good House bill just as it is; yes, we are the exchanges worse, and they take a idea. Everybody else said: Uh-uh, we going to have to make some changes. big whack at Medicaid. In fact, they don’t like what we are seeing. That is What I would say to the American peo- also take a cut at Medicare. In fact, if the bill I was just describing. ple is to beware of people who say they you go to the table in this CBO chart, Then the House took that rotten are going to make a change that is I will just refer people to table 3. foundation and put even worse stuff on meaningful to the Affordable Care Act Sometimes you just have to dig deep in top of it. They added a provision that that the House bill passed—their these reports to get to the bottom line. would eliminate the essential benefits version of the bill. Beware of people There is an $883 billion cut that con- package. These are the provisions that who say they are making a change that sists of about $840 billion cuts to the ensure that when you are buying an in- is meaningful when it is really only a Medicaid Program, $48 billion cut to surance policy, you are getting some- cosmetic change, when it is really only the Medicare Program, and I should thing that will be there when you need a small change that then provides some emphasize that will actually make the it rather than a junk policy—the poli- kind of rationale or excuse for sup- Medicare Program somewhat more in- cies people used to get, where they porting a House bill that is rotten at solvent. You add it up, you have $880 found out after they got sick, ‘‘Uh-uh, its core. billion in cuts to Medicare and Med- we are not paying for that,’’ said the For example, someone may say: Well, icaid combined. insurance companies ‘‘because look let’s do a little more by way of cov- I remind people that the Medicaid here at the back of page 100, last para- ering opioid addiction. That would be a funding not only went to provide more graph, fine print, you are not covered good idea. But that doesn’t salvage a access to people for healthcare through for that.’’ That is why we had an essen- bill that is fundamentally flawed. That expanding Medicaid, which many tial benefits package for things like doesn’t salvage a bill that at its core States have talked about and Governor maternity care, mental health care, cuts $880 billion from Medicaid and Kasich has been talking about re- coverage for substance abuse. Medicare to provide a tax cut of over cently, but this bill also cuts the core I hear a lot of talk about the prob- $900 billion, most of which goes to Medicaid Program to the States, and lems with the opioid epidemic. Those wealthy people and corporate special two-thirds of that money goes to care are real problems that are hurting fam- interests. for seniors in nursing homes and people ilies around the country. That was part I would say to all the other people with disabilities. So it puts all of them of the essential health benefits—not who are on employer-provided at risk. That is $880 billion in cuts to there in the House bill. healthcare, which are the majority of Medicaid and Medicare and people who Then, to add insult to injury, they Americans: Beware, because that need healthcare. took out the requirement that you House bill will affect you too. What is the other big number in the have coverage for preexisting condi- I just want to read a portion from House bill? Well, $900 billion is the tions in an affordable way. You know, something that appeared in TheUpshot amount of the tax cuts in what is being people can play word games all they public health section of the New York described as a healthcare bill. That is want. You can say that you have to Times—‘‘G.O.P. Bill Could Affect Em- why people are calling this a provide coverage for someone with pre- ployer Health Coverage, Too.’’ They wealthcare bill because you are cutting existing conditions, but if the policy write: $880 billion out of Medicaid and Medi- you propose is $200,000 a year, $300,000 a About half of all Americans get health cov- care and transferring those dollars that year, we all know that is a false prom- erage through work. The bill would make it are currently being spent to provide ise. That is a hoax. That is playing easier for employers to increase the amount that employees could be asked to pay in pre- healthcare to tens of millions of Amer- games with the American people. So miums, or to stop offering coverage entirely. icans, transferring that money back you can write in any kind of require- It also has the potential to weaken rules primarily to the wealthiest people in ment you want that preexisting condi- against capping worker’s benefits or limiting this country and corporate special in- tions be covered, but if they are how much employees can be asked to pay in terests. unaffordable, it is not real. That is why deductibles or co-payments. Under this $900 billion tax cut, if you the Affordable Care Act put everybody So for someone who is getting cov- are earning over $1 million a year, you into a pool together, to help reduce the erage through their employer, beware are getting an average tax cut of costs so we could make sure we pro- because this is going to have harmful $50,000 a year. If you are in the top one- tected people with preexisting condi- effects on you. tenth of 1 percent of income earners— tions—asthma, diabetes or whatever it I want to close with one of the many we are talking about the wealthiest may be. The House bill pulls the plug stories that I have received—and I

VerDate Sep 11 2014 23:26 May 09, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\CR\FM\G09MY6.012 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE May 9, 2017 CONGRESSIONAL RECORD — SENATE S2829 know many of us have received from The Commissioner will have a lot of lifetime, a public health advocate who our constituents—about how that tools to fight this epidemic that is rav- will continue to stand up to Big To- House bill would wreak havoc in their aging our families and our commu- bacco with strong rules for all tobacco lives. Here is one that I received: nities. We need all hands on deck to products, including newer products like I’m 29 years old and was just diagnosed fight this crisis. We need the FDA. e-cigarettes, which are particularly ap- Feb. 24th with breast cancer. . . . I buy in- Unfortunately, Dr. Gottlieb’s record pealing to kids. surance myself, and did so with the assist- indicates he would not take the epi- The opioid crisis is certainly a bigger ance from the ACA. Without that program in demic and the FDA’s authority to rein health crisis that we face right now, place, I might not have gone in when I felt in prescription painkillers and other and tobacco is an ongoing public health this lump. I might have waited much longer, crisis. We have made huge victories; we just to be told that it was too late. Without drugs seriously, which is why I cannot this program, I would be bankrupted by the support his nomination. have made huge strides and have had screenings alone just to find out I am dying. I don’t want to point fingers, but huge victories in this country. Young . . . Someone told me not to make this polit- there are a whole host of reasons for people smoke in significantly lower ical—but this is my life. It will literally be this epidemic. One of them clearly is numbers than they used to. Tobacco life or death for so many of us. the proliferation of prescriptions and companies don’t much like that, so This is a life-or-death issue for tens the manufacture of so many of these they have introduced e-cigarettes. To- of millions of our fellow Americans. I opioids. They are getting to market, bacco companies are buying more and urge the Senate to flatly reject the and doctors are prescribing them, and more of the manufacturing capabilities House healthcare-wealthcare bill, pharmacists are filling them. of these e-cigarettes. The FDA hasn’t which is rotten to its core. I don’t point fingers at individual stepped up the way it should. I implore Let’s focus on fixing the issues in the people and even individual industries; Dr. Gottlieb to do that, but there is no exchanges. We can do that if people of we are all at fault and not doing this evidence so far that he cares enough to. good faith want to work from scratch right. But Dr. Gottlieb has had a cozy Once again, his extensive business to address that issue, but let’s not blow relationship with big drug companies dealings call into doubt whether he can up the Affordable Care Act and hurt for decades as an investor, as an ad- seriously serve as the people’s cop on our constituents and tens of millions of viser, and as a member of the board for the beat when it comes to policing Big other Americans in the process. a number of these companies. He sup- Tobacco. Dr. Gottlieb himself invested I yield the remainder of my time. ported allowing those same companies in an e-cigarette company—the new The PRESIDING OFFICER. The Sen- to rush their drugs, including poten- FDA Commissioner. He probably will ator from Ohio. tially addictive opioid painkillers, onto be confirmed today. I accept that be- Mr. BROWN. Mr. President, I par- the market before we were sure they cause for every Trump nominee, no ticularly appreciate the comments of were safe—more on that in a moment. matter their ethics, no matter their my colleague from Maryland about the He has called into question the Drug background, no matter their inability Affordable Care Act. The fact is, they Enforcement Administration’s author- to serve well, no matter their lack of are taking insurance from 200,000 Ohio- ity to police opioids, despite the fact qualifications for a whole host of their ans right now who are getting opioid that these drugs are often sold on the responsibilities, almost every Repub- treatment because of the Affordable black market. He has defended indus- lican—it is sort of like when one bird Care Act, and the vote in the House of try’s efforts to market new drugs and flies off a telephone wire, they all do, Representatives would turn those devices with minimal safety oversight. and they have voted for almost every 200,000 families upside down. They He has refused to answer questions one of these nominees. should be ashamed of themselves. Then about his previous work for pharma- But think of this: Dr. Gottlieb’s job to go to the White House and cele- is public health, his job is to police Big brate—that is just the ultimate des- ceutical companies that make the opioid fentanyl. We know he partici- Tobacco. His job is to stand between picable, political act. I just can’t imag- these multimillion-dollar marketing pated in a meeting on their behalf at ine that in the 21st century people executives and the 15-year-old who is the time that the company was under would actually do that. attracted to these e-cigarettes with the FDA investigation for pushing off-label The FDA has incredible influence flavors and the colors and the mar- uses of fentanyl. over Americans’ lives, and the Com- keting, and he has invested in the past missioner of the Federal Food and Anyone who thinks we need more fentanyl on the market in many of in e-cigarette companies. What does Drug Administration will lead the that tell you? Can we really trust him Ohio’s 88 counties should visit the agency dedicated to ensuring that our to impose tough rules on these poten- coroner’s office. Imagine this: In some medicine and food supplies are safe. tially dangerous products? Can we counties, the coroner’s office has had It is the job of the FDA Commis- trust him to protect our children? to bring in refrigerated semitrailers to sioner, and has been for decades, to be Whoever is in charge of the FDA— keep up with the growing body count an independent check on big pharma- whoever is in charge—must put the from the lives lost to overdoses. Think ceutical companies, to crack down on people’s safety over drug company of that; just think of that picture Big Tobacco, and to oversee the safety profits, whether it is addictive pain- bringing in refrigerated semitrailers to and efficacy of new prescription drugs, killers or e-cigarettes. including, most essentially in the last keep up with the growing body count I don’t think Dr. Gottlieb is the right few years, opioid painkillers. Unfortu- from opioid deaths. person for this. I hope I am wrong. I nately, Dr. Scott Gottlieb’s record Let Mr. Gottlieb explain himself to plan to vote no. I hope he proves me gives me serious concern, as Senator the parents, the children, and the wrong. If he does, I will come back to MARKEY has pointed out so well, that friends who have lost loved ones to this the floor and applaud him. But from this Commissioner will fall short on all deadly drug. A friend of my wife’s, a his background, from his statements, of these measures. woman she knew growing up, lost her from his qualifications, from his in- We know the havoc that opioid pain- son to fentanyl. He had a 2-year-old vestments, from his business back- killers have wreaked on communities child. He was starting to come clean. ground, I don’t think he fits the bill. across the country. My State of Ohio My understanding is that he relapsed, Mr. President, I suggest the absence has had more overdose deaths from and he passed away just a few days ago. of a quorum. heroin, OxyContin, oxycodone, We need a leader at the FDA who will Mr. President, I withdraw the sugges- Percocet, opioids, morphine-based step up the agency’s efforts to fight tion. opioids; we have had more deaths than this addiction epidemic, which is tear- The PRESIDING OFFICER. So noted. any other State in the United States of ing families upside down. It rips up f America. In my State and across this communities. We need a Commissioner country, people die because of the who will fight the addiction epidemic, RECESS opioid epidemic; 91 Americans, includ- not one who will roll over for his Big Mr. BROWN. Mr. President, I ask ing 12 Ohioans, will die today—91 Pharma friends. We need a strong pub- unanimous consent that the Senate Americans, 12 Ohioans will die today— lic health advocate to address probably stand in recess as under the previous from opioid overdoses. the worst public health crisis of my order.

VerDate Sep 11 2014 23:26 May 09, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G09MY6.013 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE S2830 CONGRESSIONAL RECORD — SENATE May 9, 2017 There being no objection, the Senate, billion in local impact. Without tour- The assistant bill clerk proceeded to at 12:29 p.m., recessed until 2:15 p.m. ism, every household in Southern Ne- call the roll. and reassembled when called to order vada would pay close to $3,000 more in Mr. CASSIDY. Mr. President, I ask by the Presiding Officer (Mr. taxes. That is a significant amount of unanimous consent that the order for PORTMAN). money to individuals and families who the quorum call be rescinded. f are working to make ends meet. People The PRESIDING OFFICER. Without visit not only as tourists but as busi- objection, it is so ordered. EXECUTIVE CALENDAR—Continued ness professionals who attend con- HEALTHCARE LEGISLATION The PRESIDING OFFICER. The Sen- ferences, meetings, and trade shows, Mr. CASSIDY. Mr. President, the ator from Nevada. which generate another $12 billion in topic before us is clearly the repeal and YUCCA MOUNTAIN local economic impact. Las Vegas has 3 replacement of the Affordable Care Mr. HELLER. Mr. President, I rise to of the 10 largest convention centers in Act, and that is what I rise to speak speak on an issue that is vitally impor- North America, and it has been the No. about today. In part I will speak as a tant to the well-being, safety, and se- 1 trade show destination for 23 consecu- Senator, and in part I will speak as a curity of Nevadans; namely, Yucca tive years. doctor, as I am a physician. My wife is Mountain. I have said it before—and I This economic driver within the also a physician. I worked in a hospital will say it again—that Yucca Mountain State is a critical component of an- for the uninsured for many years. is dead. Let me repeat myself. Yucca other related industry that is vitally First, let’s just describe the state of Mountain is dead, and I will continue important to the State of Nevada; play. It is so interesting, President to come to the floor until we, as a namely, the gaming industry. In Ne- Obama’s healthcare law, the Affordable country, move past this ill-conceived vada, this industry alone supports Care Act, ObamaCare. project. more than 430,000 jobs, pays more than I had two different communications Last week, I had the opportunity to $18 billion in wages, and generates yesterday, one from a sister-in-law in testify before the House Energy and close to $8 billion in Federal, State, San Francisco. I think her husband Commerce Committee’s Environment and local tax revenues. The reason I voted for BERNIE SANDERS. She is, you Subcommittee regarding draft legisla- draw the Presiding Officer’s attention know—but she said: This is incredible. tion to effectively restart the licensing and our colleagues’ attention to these Speaking of herself, she said: I am pay- process for Yucca Mountain. While I numbers is due to the fact that Yucca ing $20,000 a year in premiums, and appreciate having had the opportunity Mountain will have very real negative each of my family members has a $6,000 to testify in order to ensure that Ne- economic consequences for Nevadans. deductible. vadans’ voices on this issue are heard, I am proud to come to the floor to They have to pay San Francisco I am concerned that we are using valu- stand with the many concerned citi- prices for everything, and they make able time and taxpayer resources to zens, many small business operators, good money but not exorbitant money. hold a hearing on a closed issue. and casino operators in opposition to They are paying $20,000 a year for a Let me say this one more time. any attempt to restart the repository premium, for a young couple in good Yucca Mountain is dead. licensing process. I will continue to health, with a family deductible prob- Instead of focusing our efforts on re- work tirelessly to ensure that radio- ably of $13,000. viving failed proposals of the past, I active waste is never stored anywhere The next communication was in a will continue to encourage my col- near the world’s entertainment capital, phone call with a consultant here in leagues and the administration to also known as Las Vegas. Rather, I en- Washington, DC, who does healthcare. focus on policies of the future. The fail- courage my colleagues to partner with He knows his stuff, and at some point, ure to do so will have real economic, me on identifying viable alternatives he breaks out of sort of a professional environmental, and national security for the long-term storage of nuclear kind of ‘‘this is the way I talk,’’ and he implications for all Nevadans. This waste in areas that are willing to house says: You don’t see my insurance. I am afternoon, I will focus on the economic it. paying $24,000 a year for premiums, and I come to the table with a solution to impact that resuming licensing activi- I have a $13,000 family deductible. If my our Nation’s nuclear waste program ties, with regard to Yucca Mountain as family gets in an accident, it will be and am proud to have introduced bipar- a nuclear waste repository, will have $37,000 my family puts out before we tisan legislation on this issue. My leg- on my home State. islation would allow for the construc- see any benefit from our insurance. As many of you know, Yucca Moun- I reminded him he would have pre- tion of a nuclear waste repository only tain is located just 90 miles from the ventive services, such as a colonoscopy, if the Secretary of Energy has secured world’s premier tourist, convention, but that was cold comfort for him. written consent from the Governor of and entertainment destination—Las The reality is that middle-class the host State, affected units of the Vegas, NV. Last year, Las Vegas wel- America can no longer afford the now- local government, and affected Indian comed nearly 43 million visitors. Over ironically named Affordable Care Act. Tribes. the past decade, the Greater Las Vegas This is consistent with the consent- So where does that leave us? area has been one of the fastest grow- based siting initiative to site waste President Trump—I like to say be- ing in the United States, with a popu- storage and disposal facilities that was cause I think he would say it—estab- lation that now exceeds 2.1 million peo- initiated by the Department of Energy lished a contract with the American ple, according to an estimate from the in late 2015. This open process ensures voter. President Trump said that he U.S. Census Bureau. Any issues with that a State has a meaningful voice in wanted to continue the number of folks the transportation of nuclear waste to the process and that no State will be who were covered under ObamaCare, he the site or issues with storage there forced to accept nuclear waste against wanted to take care of those with pre- would bring devastating consequences its own will. existing conditions, he wanted to to the local, State, and national econo- Identifying communities that will be eliminate mandates because Americans mies. willing hosts for long-term repositories hate to be told what to do by the Fed- It begs the question, Would you want rather than forcing it upon the States eral Government, and lastly, he wanted to go to Las Vegas knowing that high- that have outright opposed such a site to lower costs. I think the average level nuclear waste was being trans- for decades is the only viable solution voter took lower costs to mean lower ported, very likely, through the heart to our Nation’s nuclear waste problem. premiums, not a better CBO score, and of the strip? The failure to do so will just result in lower premiums are really what those Let me outline the vitally important decades of more litigation and in the two communications are about. role tourism plays in the Greater Las wasting of more taxpayer dollars with- The second thing I will note is that Vegas area. out solving the problem at hand. he was very passionate about a par- This industry accounts for close to 44 Mr. President, I yield the floor. ticular preexisting condition that the percent of the local workforce and pro- I suggest the absence of a quorum. Presiding Officer here in the Senate vides close to $17 billion in local wages. The PRESIDING OFFICER. The cares about, which is opioid addiction. Moreover, tourism has an estimated $60 clerk will call the roll. And he would go to counties where

VerDate Sep 11 2014 01:08 May 10, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\CR\FM\G09MY6.014 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE May 9, 2017 CONGRESSIONAL RECORD — SENATE S2831 there was a high incidence of opioid ad- achieve these goals. The way we do it floral shop. It is all a therapeutic expe- diction and speak to how he wished to is we automatically enroll folks in the rience that addresses not just the phys- address their needs. insurance program so that if you are a ical need but the emotional and psy- So I think President Trump’s pro- young person, you get a credit, and chological need, and that is because posals—his contract with the voter— that would be sufficient enough to pay that system is lining up to serve her, really give us hope. The question is, for your annual premium. You don’t that patient. The Patient Freedom Act How do we achieve that? Well, first we have to take it, but if you do, you are incorporates that. have to acknowledge a couple of automatically enrolled in insurance. By the way, we also have a third op- things. By automatically enrolling these tion. If a State doesn’t want to have Rich Lowry is a conservative author young people, we expand the risk pool, anything to do with this, the State can for National Review, and he wrote a which is to say that we now have a lot say: Take a hike; we don’t want you. column: Basically, coverage is impor- of healthy young folks, most of whom But generally, States have three op- tant. We cannot deny—no one can deny will not get sick, but the fact that they tions, and that recognizes a conserv- that it is important to have coverage. are in the insurance pool means that ative principle that States should have And if we speak—as the Presiding Offi- those who are older and sicker will the right to do what they want to do cer did at lunch—about the family have lower premiums because the cost and what works best for the State. But whose son is addicted to narcotics and of their care is spread out over the we do require the patient have the the fact that now he has coverage and many. That is a good thing. That would power. he is able to get off of the opioids in- increase coverage and it would lower Now, I will be frank. I am not sure we stead of either dying, living in a gut- premiums without mandates, taking are going to pass meaningful reform as ter, or being incarcerated—that is a care of those with preexisting condi- good as it could be with only the Re- sign of hope. And when President tions. publican side of the Senate. So aside Trump spoke of the forgotten man or I think Candidate Trump’s genius from asking my Senators to join with the forgotten woman, in my mind, I was to recognize that the only way you me and my Republican Senators to pro- think in his mind, he was referring to get to lower premiums is if you expand mote something that fulfills President someone such as that. coverage, and the only way to care for Trump’s pledge, I ask my Democratic So we have to acknowledge, as Rich those with preexisting conditions is to colleagues to look beyond partisanship Lowry did, that coverage is important. expand coverage. and to say: Wait a second; wouldn’t it My own experience as a physician sup- I am pleased to say we have a pro- be good if a blue State could do a blue ports that. I am actually going to posal that is called the Patient Free- thing and a red State could do a dif- quote somebody from my wife’s experi- dom Act, which I have cosponsored and ferent plan for themselves? Wouldn’t it ence. My wife is a retired breast cancer introduced with SUSAN COLLINS, and be good if President Trump, in his con- surgeon, and she once told me about a four other of our Republican Senators tract with voters, said: Eliminate man- patient who lived in a nice section of have cosponsored it. The six of us pro- dates but also lower premiums, which my hometown, Baton Rouge, had a nice pose this: that every State be given the are so much of a problem for so many car and children in parochial school, right to choose their path forward. If Americans now, while at the same time paying tuition. But her husband died. you are a blue State, you can continue covering and caring for those with pre- He always managed the family affairs, with the status quo; you just have to existing conditions. and he died, and she ended up unin- reimpose penalties and mandates. If I ask my Democratic colleagues to sured. She had a nice car and nice you are a red State, you can go in a dif- move beyond partisanship—or perhaps home and kids in parochial school, but ferent direction where folks in your they are not liking the results of the she didn’t have insurance. State get a tax credit, again, sufficient election—and into a spirit of coopera- Going back to coverage being impor- for the premiums. Not everybody will tion that puts patient before party. We tant, she began to develop breast can- be eligible—typically, lower income don’t need a red plan or a blue plan, a cer—something that is described in folks—and this credit can only be used Democratic plan or Republican plan. medicine as fungating, which means for health insurance or healthcare. If We need an American plan. the cancer begins to eat through the you do nothing, you end up with a I will finish by saying this. There is skin on the chest—and she didn’t know health savings account, prefunded. You another way to lower premiums, and where to go because she didn’t have have first-dollar coverage. that is to give lousy coverage. I coined coverage. And when the breast cancer If you have to take your daughter to the phrase, and I didn’t realize it would was actually coming out of her skin is the urgent care center—instead of an become so instantaneously recognized, when she came to see my wife. My wife ObamaCare $6,000 deductible, when but we should also have the Jimmy operated on her for free. The hospital your daughter has her earache, you Kimmel test. I think people understand wrote off the cost. But that is not the have first-dollar coverage to pay that that Mr. Kimmel’s child was born, and end of it because then she needed radi- $150 to get your child seen and to buy instead of being a celebration as a new ation therapy, she needed breast recon- the antibiotics. If the mother instead life emerges into the world, all of a struction, and she needed chemo- wishes to pool her family’s health sav- sudden it quickly became that the therapy. And her only hope for survival ings accounts together, their tax cred- child was blue and would die. The is if she had this coverage. its together, she could buy a richer whole medical staff comes in, recog- So we can acknowledge two things— family policy or she could assign it to nizing that the child has a rare cardiac that coverage is important but also her employer as the employee’s con- condition that, if not immediately op- that premiums under the Affordable tribution on employer-sponsored insur- erated on, would be fatal. The child Care Act have become unaffordable. ance. The patient has the power. was transferred, and after several sur- I will go back to what President I should say, in my medical practice, geries already in its first week of life, Trump said. President Trump said he I found that if the patient has the apparently, is doing well. wants everyone to be covered, care for power, the system lines up to serve the I raise that because, again, we can those with preexisting conditions, patient. lower premiums by having lousy cov- without mandates, and lower pre- By the way, just a rule of thumb: If erage. But whatever we do to lower miums. That is something, whether Re- you ever go to a hospital that delivers premiums, it should pass what I call publican or Democratic or Inde- babies and you walk in, it is clear who the Jimmy Kimmel test, which is that pendent, we should be able to get be- has the power. The walls are painted someone you love has adequate cov- hind. mauve or powder blue or pink. There is erage for the care he or she needs when How do we have a path forward? a concierge to park your car because they need it. In that way, I think we Some folks say: Well, President women don’t like to walk in parking can be fiscally responsible, and we can Trump’s promise cannot be kept. There lots at night. And if you are pregnant, help someone like my family or the was a good article recently by Jim you really don’t want to walk at all, so man I talked to yesterday, paying Capretta, a conservative economist, someone parks your car for you. There $20,000, $30,000, $40,000 for their insur- and he says that, basically, we can is a coffee shop as you walk in, and a ance. We have to do something about

VerDate Sep 11 2014 01:08 May 10, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G09MY6.017 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE S2832 CONGRESSIONAL RECORD — SENATE May 9, 2017 that and at the same time fulfill the The 45-year-old who thought she was tax breaks for the wealthy. That is rest of President Trump’s contract home free with an employer-sponsored what my Republican colleagues are at- with the voters which is to care for plan that avoids the worst insurance tempting. I understand why they are those with preexisting conditions, to company abuses could once again face doing it. What they want to do is, in ef- continue coverage, and to eliminate a lifetime limit on certain health cov- fect, get these tax breaks for the mandates. erage. They would be at risk for per- wealthy in a health bill so they can I suggest the absence of a quorum. sonal bankruptcy if they suffer the have it teed up to get more tax breaks The PRESIDING OFFICER. The wrong kind of injury or come down for the wealthy in a tax bill. That is clerk will call the roll. with the wrong kind of illness. what this is really all about. Even cas- The assistant bill clerk proceeded to Are the tax breaks in this bill worth ual watchers of the debate understand call the roll. putting insurance companies back in that this bill—the tax cuts, in par- Mr. WYDEN. Mr. President, I ask the driver’s seat? The 60-year-old, still ticular, are stacked in favor of the for- unanimous consent that the order for years from retirement, would get clob- tunate few. the quorum call be rescinded. bered by what I call the age tax, Every time you get a paycheck in The PRESIDING OFFICER (Mr. charged up to five times as much as a North Dakota or Oregon or anywhere HOEVEN). Without objection, it is so or- young person for insurance coverage. in America, a little bit for Medicare is dered. taken out of that paycheck. Working Mr. WYDEN. Mr. President, after Are the tax breaks in this bill worth reviving insurance company abuses people can see it; it is right there on some chaotic weeks of hush-hush delib- their paychecks. A little bit is taken erating, a lot of arm-twisting, and like this? Not even the most vulnerable seniors out. Under this bill, the only people more than a few obvious buy-offs, the are spared under this bill. Medicaid who get a break on that contribution House has handed the Senate a helps cover the tab for nearly two out are at the very top of the income scale. healthcare bill that will plunge tens of Furthermore, the tax break on in- millions of Americans into suffering. of three seniors in nursing homes. They are people who have done everything vestment income will be swallowed up With it, the debate now comes to this by the wealthy almost in its entirety. side of the Capitol, and my Republican right. They worked hard, they scrimped, and they saved. They raised People with incomes over $1 million colleagues seem to be competing to will get an average break of more than find out who can put the most distance their kids and put them through school. You see them in Ohio commu- $50,000—almost as much as a typical between themselves and the House bill. family earns in an entire year. Most of The message is that they are starting nities, and you see them in Oregon communities. But colleagues, growing that tax break goes not to just the mil- from scratch with a partisan working lionaires but to those at the uppermost older in America is not cheap, and group and a new bill under construc- slice of the income scale. They are the these are people who spend down their tion. But I want to make sure that ev- fortunate individuals who make money savings, and that is when Medicaid erybody is realistic about where this from wealth, not from wages like most steps in. But if Medicaid funding is debate stands. There is not a shred of Americans. actual hard evidence that the Senate slashed, the nursing home benefit and The 120,000 wealthiest families in the Republican conference is objecting to other critical long-term care services United States—those who bring in nearly $1 trillion in tax breaks for the like home-based care are going to be in around $2 million a year, mostly from wealthy and the special interests, paid danger. capital gains, interest, and dividends— Every one of us wants their loved for by slashing middle-class tax bene- would get an average tax handout fits and cutting more than $800 billion ones to be cared for. But the fact is under the House bill of $207,000. This is out of Medicaid. The dates, the num- most families are already walking an according to the Tax Policy Center, a bers, and the waivers might look a lit- economic tightrope in this country, well-respected group who analyzes tle different when Senate Republicans balancing their mortgage and their gas these matters. I can tell you, even con- write a bill, but the underlying frame- bills and struggling to save for college servative health policy experts are work will be the same. and retirement. Where would working looking at this bill and scratching This process, in short, is leading mothers and fathers today possibly their heads, trying to determine how America back to the days when find the money to pay for nursing this constitutes an improvement over healthcare worked only for the healthy home care for their elderly parents, the system that is on the books today. and wealthy. It is clear, when we look perhaps $90,000 or more? Are the tax Aside from the wealthy individuals at the particulars, that the bill passed breaks in this bill worth putting sen- and corporations lining up for these by the other body doesn’t care whether iors’ nursing home care at risk? tax handouts, it is hard to see who will you are young or old. It poses a threat I spent this weekend holding town- be helped by this approach Republicans of pain across all generations. hall meetings in Oregon, holding have taken. So this afternoon, as I begin what healthcare roundtables at home in Or- It is a worrying sign for anybody who will be a series of discussions here on egon. It would be hard to overstate the believes in bipartisanship to see that the floor in the days ahead to discuss fear and the tears I heard in conversa- Republicans in this body have decided these issues, I want to talk about what tions about this legislation. they don’t want any Democratic input. we are dealing with now. Oregonians recognize that in many I have been involved in writing bipar- Under the House bill, the youngster ways, this proposal is a return to an tisan health bills in the past, and there who needs special education services era when insurance companies had are more than a few cosponsors of could see that set of opportunities dis- more power and the typical American those bills in the Republican con- appear with cuts to Medicaid, a key had less, when women were penalized ference today. A number of our col- source of funding for special ed school simply because of their gender, when leagues on the other side of the aisle programs. for many a preexisting condition was a have joined me in efforts, for example, Are the tax breaks in this bill for the death sentence, when insurance compa- to have loophole-free, air-tight protec- wealthy worth depriving kids of the op- nies deciding what preexisting condi- tion against discrimination against portunities they need to get ahead in tions they would cover constituted a those with a preexisting condition. life? real death panel. Even worse, the sys- It is important to understand that a Under this bill, the young adult at 18 tem would invite young and healthy lot of us on this side of the aisle—and or 20 who has been through a cancer people not to buy insurance unless my colleague, the President of the Sen- scare could wear that preexisting con- they needed it at that particular mo- ate, knows it from our work on infra- dition like a scarlet letter. They could ment, which would drive up costs for structure—would very much like to face discrimination by insurance com- everybody else. work with colleagues on the other side panies for life if their coverage ever Bottom line: You cannot revive a on bipartisan issues. It can be done. In lapses for more than a few weeks. failed, abusive health insurance system fact, just today, under the leadership of Are the tax breaks in this bill worth and expect Americans to be very Senator SCHUMER, our whole caucus exposing Americans with preexisting pleased and excited about it, especially said to the Republicans: Drop reconcili- conditions to this danger? when it is part of a scheme to pay for ation so we can all come together and

VerDate Sep 11 2014 01:08 May 10, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G09MY6.018 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE May 9, 2017 CONGRESSIONAL RECORD — SENATE S2833 get serious about working in a bipar- you were wealthy, you could write out document from the White House Office tisan way on an issue that ought to be the checks. But if you had a pre- of Management and Budget saying that tackled in a bipartisan way for the existing condition, you were in very se- the White House is considering cutting American people and that I have a long rious straits. People told us about los- funding dramatically for the Office of history, in particular, of wanting to be ing their homes and everything they National Drug Control Policy, the part of. had. We are not going back to the days ONDCP. This is the office that coordi- For the next several weeks, I will be in America when healthcare was for nates the drug issue for the White on the floor drawing on our past expe- the healthy and wealthy. House, the administration. The pro- riences and underlining why the par- Mr. President, I yield the floor. posal that was leaked to the media said tisan approach underway right now is The PRESIDING OFFICER. The Sen- that it would be a cut from $388 million wrong. ator from Ohio. a year to $24 million a year. That is a People ought to know that DRUG EPIDEMIC cut of 95 percent. What does that TrumpCare is a betrayal of the prom- Mr. PORTMAN. Mr. President, I rise mean? It means the staff would be, ob- ises they have heard time and time today to continue a discussion we have viously, reduced dramatically. They again. They heard it through hundreds had on the floor over the last year or have 33 people who would lose their of TV commercials all through the so on the issue of opioids—that would jobs, people who are out there every election period, and what they are now be addiction to heroin, prescription day on the frontlines, trying to use a seeing is a betrayal of those promises drugs, and now this new form of syn- relatively small number of people to they watched on campaign advertise- thetic heroin coming into our commu- expand this effort all over the country. ments over the last year. nities called fentanyl or carfentanil. It would eliminate a lot of grant pro- People ought to know that this is not Sadly, I must say that things are not grams, office administrators, including a real effort at fixing our healthcare getting better. In fact, in the States we what is called the High Intensity Drug system. This is a masquerade. It is a represent, in our communities, we see Trafficking Areas Program, or HIDTA, masquerade to try to pretend that more and more evidence of not just ad- and a program called the Drug-Free what is going on is about healthcare diction but overdoses and deaths. Communities Support Program. when it really is about making sure Fentanyl, in particular, is more deadly I want to touch on those two pro- taxes can be cut for the most fortu- than heroin—30 to 50 times more pow- grams quickly and make the point as nate, while healthcare benefits for the erful—and is resulting in not just more to how important they are, hoping that middle class are slashed. TrumpCare is overdoses but more deaths per over- the administration is hearing us and the opposite of good health policy. dose. This has become a crisis to the hoping my colleagues on both sides of There is no grassroots campaign I point that it is the No. 1 cause of death the aisle will help us ensure that this know of clamoring for the Congress to in my home State of Ohio and across proposal does not become reality, that pass another round of the same old the country, surpassing car accidents. we don’t end up, at a time when we handouts to special interests, donors, This is the 35th time I have come to have an unprecedented drug crisis in and powerful individuals. the floor to talk about this issue and this country—the worst drug epidemic The American people are counting on what we ought to do. We have made we have had in our lifetime—pulling the Congress to improve the health progress. In the last year alone, we back on these important programs. system and make their care more af- passed legislation, including the Com- Why does this matter? Again, having fordable. Congress ought to be working prehensive Addiction and Recovery a drug czar, which is what the Director together on injecting more competi- Act, to help with prevention, treat- of the Office of National Drug Policy is tion into the insurance markets and re- ment, and recovery, and to help our called, is very important to coordinate ducing out-of-pocket costs for families. law enforcement and other first re- the efforts. In fact, it is cost-effective We ought to be working especially on sponders, with Narcan, be able to re- to have a drug czar rather than having bringing down prescription drug prices. duce the number of deaths—this mir- different agencies and departments In my view, you can’t really build a acle drug that reverses the overdoses— competing and sometimes in duplica- modern health system unless you ad- to be able to save lives. dress the challenges posed by chronic We also passed the Cures legislation, tion with each other, to have one per- conditions such as diabetes, cancer, which sent money straight back to the son in the White House in charge, talk- and Alzheimer’s. States that would help to provide the ing about the importance of this. We want it understood that Demo- treatment that is so badly needed. President Ronald Reagan and First crats want to work in a bipartisan way Probably 8 out of 10 people who are ad- Lady Nancy Reagan established the to improve the Affordable Care Act. dicted are not receiving treatment. drug czar. The reason they did it was That is the heart of the letter that all Sadly, there is a revolving door where they wanted to be sure America and Senate Democrats signed today—we all people are coming under the grip of the White House were speaking with went together—making it clear that we this addiction, committing crimes, one voice on this issue. I have known would like to see Republicans drop rec- going to prison, getting out, getting every drug czar since then. I have onciliation and come together so we into the addiction again, and going known every one of them over the can find common ground. That would back into the criminal justice system last—what would that be?—30 years. I be in the country’s interests, rather once again. think it is incredibly important to than using this go-it-alone process that This legislation we passed is now have this job filled with the right per- is called reconciliation but specifically starting to be implemented. It takes a son to get out there and deliver this rejects bipartisanship. little while for things to get moving message that it is important that we I am going to be on the floor a lot around here. I am happy to say that work together on prevention and edu- over the next several weeks. I promised the States have now received some of cation to try to keep people out of my constituents night and day over the this funding. Some of the programs— drugs altogether, and should people be- course of last weekend—and people about half of those in the Comprehen- come addicted, how do we maximize kept saying night and day, day and sive Addiction and Recovery Act are the chances of their success by getting night—because the country feels that now implemented. I urge the adminis- them into treatment and recovery? strongly about this. tration to implement the other half of The program I mentioned a minute I and others are going to hold our the programs, and I have done that ago, the High Intensity Drug Traf- colleagues on the other side of the aisle every time I have come to the floor ficking Areas Program, is one that accountable because we all ought to over the last few months. pretty much every Senator knows agree that this country cannot go back Unfortunately, I also have to come to about. Why? Because in pockets of to the days when healthcare was for the floor today to talk about some- every State, there are areas in which the healthy and the wealthy. Those thing that is going to make it harder there is a particular problem with preexisting conditions could be a death to address this issue should it become drugs. This program, the High Inten- sentence. And that is because if you reality. As some of you may know, re- sity Drug Trafficking Areas Program, were healthy, you had no problem. If cently it was reported that there was a does something unique. It says: OK, we

VerDate Sep 11 2014 01:08 May 10, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G09MY6.019 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE S2834 CONGRESSIONAL RECORD — SENATE May 9, 2017 are going to put Federal law enforce- Representatives 23 years ago. A woman There have to be performance measures ment together with State law enforce- whose son had died of an overdose came in place. In these coalitions, there are ment and local law enforcement to in- to see me. She came to see me because surveys done in schools to see what the tensely focus on this issue at the local she wanted to talk about her experi- results are. level. As you know, that is necessary ence and what were we going to do These coalitions are made up of peo- because so much of this is interstate, about it. ple who are on the front lines. They even international, and by having this At the time, Bill Clinton was Presi- know their communities better than intense focus, there has been enormous dent. I went to an event where both anybody else does. That is why they success in my State and States around President Clinton and I were given a are more effective than anybody else. the country. gold ID bracelet by a young man. The They know how to reach people in that Under the program, you have to have young man’s name was Jeffrey Gard- setting, know how to respond quickly one full-time law enforcement officer ner. I put Jeffrey Gardner’s ID bracelet when problems begin. at the Federal level, State level, and on, and then I prepared for my meeting In communities with these coali- the local level. What I have found back with this mother, who was obviously tions, use of alcohol, tobacco, prescrip- home is that typically you have a sher- very upset. tion drugs, marijuana, and cocaine by iff or a police chief who runs this lo- She was there with her younger son. our young people have declined: alco- cally and has a lot of his officers in- She came to my office. I was prepared hol, 32-percent decline; tobacco, 38-per- volved but really is able to maximize for her. My staff had done all the re- cent decline; other drugs, including what he or she can do because you have search, and we knew there was about prescription drugs, 21-percent decline. this involvement from the State high- $15 billion a year being spent on drug So these things work. way patrol, you have this involvement interdiction, interdicting drugs coming I must say, I have seen it firsthand from the FBI, you have this coordina- from other countries, incarcerations because, before drafting the legisla- tion. and prosecutions, and the eradication tion, I started my own coalition called The Ohio HIDTA alone has removed of drugs overseas in places like Colom- the Coalition for a Drug-Free Greater $90 million worth of illicit drugs from bia, where a lot of cocaine was being Cincinnati. Twenty-three years ago, we our streets. It has apprehended more grown at that time. So I told her that. started this coalition, and we did it than 4,000 fugitives involved in drug I said: Your tax dollars are being used with, again, all members of the com- trafficking operations. Think about the well to fight this battle. This is what is munity. difference that makes. It makes our happening with your dollars. In my case, I reached out to the first communities safer; ultimately, of She looked at me and said: How does lady, Hope Taft of our State; also to a course, it is going to save a lot of lives. that help me? She said: I went to my religious leader in our community, So I think this is one that is really church. I went to my school to get Damon Lynch, Jr., one of the most re- working. If you ask your law enforce- them to help, to mobilize people, to spected community leaders and at that ment locally about it, they will tell provide more prevention and education time head of the Baptist Ministers Con- you that if they don’t have a HIDTA resources, to get the word out. They ference; and the former CEO of Procter grant, they probably wish they did. It were in denial. They said: This does not & Gamble, John Petter, so we brought is very competitive; not everyone can happen here. in the business community as well. get one. But if you can show that you She said: I went to my neighbors and can use the money effectively and if tried to get a community meeting to- We established this coalition not you have a really serious drug problem gether, and people did not show up. thinking that we were going to end up in your area, having that HIDTA pro- She said: How does interdicting drugs applying for Federal grant money be- gram is important. help me? How does the work on eradi- cause there was no Federal grant pro- The second program I mentioned is cation overseas help me? gram then, but that we would focus on called the Drug-Free Communities I did more research and looked into how to ensure we could actually make Support Program. What does this do? it further and talked to people around a difference. We set up a survey that This supports community anti-drug the country who were experts on this went to two-thirds of the schools in our coalitions all around the country. and found out where there was this community and asked questions about Often, people ask me: What is the solu- community-of-support network, bring- drug use, so we would know if our ef- tion to this problem? Why are we in ing in all sectors of the community. It forts were working or not working, as the situation we are in? I turn to pre- really made a difference to reduce drug the case might be, and how to target vention and education because, if you abuse. our efforts toward parents and teach- think about it, once you get into that So we started this program. This pro- ers. We spent a lot of time in the faith funnel of addiction, it is very costly gram, the Drug-Free Communities Act, community, but also with coaches and and very difficult. has to be made up of all sectors of the athletic directors. Wouldn’t it be better if we had better community. We are talking about the This program is still going. It is programs out there? Frankly, we did religious community, faith leaders— called Prevention First. I chaired it for back in the 1980s and even the 1990s—to very important—but also teachers, po- 9 years. I was on the board of the coali- tell young people and to tell others lice officers, parents, doctors, other tion again before I ran for the Senate. why it is such a mistake to get into community leaders who come together I know it works because I have seen it. this drug issue, why they must do ev- with this intense focus on education We have gotten good results. The coali- erything they can to avoid, in the case and prevention. tion tells me that since 2000, alcohol of heroin and prescription drugs and The program we put together has use among young people they worked other opioids, taking these painkillers, real accountability. You know, I am a with in Cincinnati has gone down 46 these prescription drugs that are ad- Republican. I believe in accountability. percent; tobacco use, 61 percent; mari- dictive, to the point that you become I want to be sure tax dollars are being juana use, 22 percent. addicted, which is so often where the used wisely. To receive funding under Since 2012, which is when we started heroin addiction and the overdoses this program, coalitions are required to focusing on the prescription drug issue, start. be in existence for 6 months before there has been a decline by 29 percent Four out of five heroin addicts in the they can even apply—get on their feet, in the use of prescription drugs by our country started with prescription be sure they are working. It is the only young people. So, I think, this pro- drugs, they say. Getting that informa- Federal drug abuse prevention program gram, which by the way, cost about 90 tion out there, that awareness, is in- that requires that, by the way. million bucks last year—as someone credibly important. That is what this The coalition is required to go who was a distinguished military offi- Drug-Free Communities Program is through a year-long training academy cer told me recently: That is about about. to ensure they have the skills nec- what we charge to keep the lights on in I got involved in this program early essary to effectively reduce drug rates, part of the Pentagon every day, not on through a personal experience. I was and they have to have data to show that I am not for more and smarter de- a first-year Member of the House of that their efforts are actually working. fense spending; I am, but $90 million is

VerDate Sep 11 2014 01:08 May 10, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G09MY6.020 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE May 9, 2017 CONGRESSIONAL RECORD — SENATE S2835 what we are talking about for this pro- there was a reduction in drug use, we fentanyl. Look at the rise of this over gram during the time of the worst drug might say: Well, that problem is behind the last few years. That is what we are crisis in the history of our country. us; let’s move onto the next one. dealing with. That is the reality. That I just think this impact, which I have The problem was never behind us, is what is happening in the commu- seen, really works. It means less crime, sadly. It is like the tide. It just keeps nities and in our streets. less strain on our healthcare system, coming in, so you have to keep your You might ask yourself, why do we more productivity in school, more pro- focus on it. But I will tell you, I never want to cut this back at this point? My ductivity at work, more people who expected that at a time when we would understanding is that some have ar- can pass a drug test and go to work. have a substantial increase in drug use, gued we don’t need the program. They That benefits all of us, and it saves in crime, in overdoses, in deaths— said this program is duplicative be- taxpayer dollars. which is what we have experienced in cause we have other programs now, in- The success we had in this coalition, this country over the past few years— cluding great legislation passed last again, led me to the legislation. A that we would cut these programs. I year that I mentioned earlier called Democratic Representative from just did not imagine it. So I am con- the 21st Century Cures Act. In fact, the Michigan, SANDY LEVIN, and I intro- cerned about it. We can’t take our eye author of that legislation just joined us duced the legislation, bipartisan in the off the ball, particularly at a time like on the floor, Senator ALEXANDER of House. this. We have to be sure that we are Tennessee. Here in the Senate, the leaders who supporting these programs that work. They have said the Drug-Free Com- were the leaders of this legislation are Let me show you a chart that tells munities Act may be a duplication of still here and continue to support it; you where we are today. This is the that CURES Program. That is an en- that is, Senator CHUCK GRASSLEY and number of drug overdose deaths in our tirely different program—again, $90 Senator PATRICK LEAHY—again a bipar- great country from 1999 to 2015, the million a year. CURES is $500 million a tisan group. The bill, the Drug-Free most recent year for which we have year needed right now. Communities Act, is, again, based on data. Look at this line here. This is I was a strong supporter of the these lead documents from the admin- opioid painkillers, this is fentanyl, and CURES Act, and I again thank my col- istration, one of the programs they this is heroin. You see this incredible league for working with some of us who have proposed defunding altogether. increase. Sadly, I will tell you that in have been focused on this issue, as he I am hopeful that this legislation, 2016 and 2017, it keeps going up. has, to get that legislation passed on a the Drug-Free Communities Act, which This year, we have had more opioid bipartisan basis. has really worked—it has provided overdose deaths over the first few The 21st Century CURES Act pro- funding that has spawned over 2,000 months than we had in the same period vides $500 million, but it provides that community coalitions around the coun- last year. In fact, here is one example. funding over this year and next, over 2 try. Today, it currently mobilizes 9,000 In Cleveland, OH, in the last 10 months, years. It is a temporary increase in community volunteers all around the we have had more overdose deaths from funding to deal with the real crisis. country. I am hopeful that we will not fentanyl than we had in the previous 10 This will help fill the gaps, but it does be defunding this program but, instead, years. So it is sad that it is not getting not ensure that $1 of that money goes focusing more on the issues of preven- better; it is getting worse. toward this evidence-based prevention tion and education. That is going to be Drug overdoses are now the leading we talked about today. the long-term solution to this drug cause of accidental death in the United Second, these programs have distinct problem. Yes, we have to get treatment States, surpassing car accidents. This goals. The CURES grants can be used to those who need it, but if we are not is, again, a troubling chart, but we however a State wants, and that is ap- working on prevention and awareness need to look at it. We hear a lot about propriate. In Ohio, I know Governor and education, the issues of drug addic- homicides, and gun homicides, in par- Kasich and the State legislature are fo- tion and drug abuse are going to con- ticular. We hear about car crashes. cused on using it in a smart way, fo- tinue to get worse, in my view. Here is an example of HIV/AIDS in 1995, cused mostly on treatment which is I am a former Budget Director. I un- a time that was the height of the HIV/ badly needed. As I noted, 8 out of 10 derstand it is a tough job to look at all AIDS crisis, when all of us reacted ap- people who are addicted and need treat- the different competing priorities when propriately. ment are not getting the treatment you are trying to save taxpayer dol- Here we are in drug overdoses in they need. We need more treatment fa- lars. I get that. But I also get that we 2015—far worse than any of these. So cilities in some communities where the don’t want to take a program like this between prescription painkillers, her- treatment is not available. that is actually working, that has all oin, and synthetic forms of heroin, The Drug-Free Communities Act is of these accountability measures in drug overdose is now the leading cause specifically focused on this prevention place to be sure that taxpayer dollars of accidental death in the United through education at the community are being spent right, and then get rid States of America. level. Funding goes directly to these of it at a time that we have this grow- According to CDC, the Centers for coalitions I talked about and their ing crisis in our country. Disease Control and Prevention, more focus is on prevention. It is not dupli- When I first got involved in this issue Americans died from drug overdoses in cation. One is a prevention program fo- 22 years ago, I became convinced pretty 2015, again, than died in the AIDS epi- cused on the community level, and one quickly that one reason the drug issue demic in 1995. A recent story in the is an open-ended grant to the States. had raised its ugly head in the 1990s is New York Times said there are more There is no other Federal program that that we took our eye off the ball. I than four times as many people dying funds evidenced-based prevention at think in the 1980s, under the leadership every day from this epidemic than were the community level and has these of President Reagan and First Lady dying at the peak of the crack epi- measures except this one. Nancy Reagan and Bill Bennett, who demic. The accountability measures we did an awesome job as drug czar, we Another way to look at it, sadly, is talked about are important, and that made real progress, particularly on the that more people died in the last 3 distinguishes it from CURES or any- issue of cocaine. years than died in the Vietnam War. thing else. We require that commu- I think there was sort of a sense that Those are tough things to compare, but nities provide matching funds, a one- we had solved that problem, and it was the point is, this is not a time for us to to-one match. So if a dollar of Federal time to focus on other things. So we be gutting these programs. Fortu- tax dollars goes out, it has to be took our eye off the ball. That is why nately, we have these programs in matched by a dollar of non-Federal tax you saw, in the 1990s when the Drug- place to help. Let’s use them to try to dollars just to get the funding. Free Communities Act legislation was encourage more prevention and more We put a cap on administrative ex- necessary, there was a big increase in education. penses of 8 percent to ensure that we drug use, particularly among our Here is a chart that just shows where maximize the amount of funding going young people. So I was always worried heroin and fentanyl are. Again, from into these programs. If you want fund- that we might do that again, that when 1999 to 2015, this is heroin, this is ing in your coalition, you have to keep

VerDate Sep 11 2014 01:08 May 10, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G09MY6.022 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE S2836 CONGRESSIONAL RECORD — SENATE May 9, 2017 your funding below 8 percent. That en- dren. The High Intensity Drug Trafficking demic, Fellowship Foundation Recovery sures that a maximum amount of fund- Area (HIDTA) program, which coordinates Community Organization, Florida Coalition ing goes into these programs. We spe- federal, state, and local law enforcement, Alliance, Floridians for Recovery, Founda- cifically included strict accountability streamlines efforts to dismantle drug traf- tion for Recovery, Friends of Recovery—New ficking organizations and brings drug traf- York, Friends Research Institute, Inc., Gem measures to ensure the highest level of fickers to justice. County Recovery Community Center, Geor- support in solving the substance abuse As we have written before, ONDCP brings gia Council on Substance Abuse, Geronto- crisis every community faces. These essential expertise to the table on complex logical Society of America, Greater Macomb programs are effective. They use tax- drug issues, expertise that would otherwise Project Vox, Hazelden Betty Ford Institute payer dollars well, and cutting them be missing or dispersed across multiple agen- for Recovery Advocacy, HOPE for New doesn’t make sense. cies. ONDCP holds all federal, state, and Hampshire Recovery, Illinois Alcohol and One of the reasons I believe President local agencies accountable for achieving spe- Other Drug Abuse Professional Certification cific goals to reduce drug trafficking, use, Trump was elected was that he had the Association, Institute for Behavior and and other consequences. Health. courage and foresight to talk about At a time when drugs now kill more people this issue on the campaign trail. He International Certification & Reciprocity than firearms or car crashes, it is more im- Consortium, International Nurses Society on talked about addiction, whether he was portant than ever for ONDCP to remain a Addictions, Jackson Area Recovery Commu- in New Hampshire, Ohio, or other strong voice in the White House and a visible nity, Johns Hopkins Bloomberg School of States where we have a high level of presence nationally. As plans are finalized Public Health, Juneau Recovery Community, heroin, prescription drug, and fentanyl for the Administration’s proposed FY 2018 Kentucky Office of Drug Control Policy, budget, we once again ask the Administra- Latah Recovery Center, Legal Action Center, abuse and addiction. He spoke with a tion to maintain a strong commitment to passion about this and the toll it has Life of Purpose Treatment, Lifehouse Recov- ONDCP by proposing the highest level of ery Connection, Long Island Recovery Asso- on our citizens and devastation to our funding possible for the agency and its pro- communities. I think that was one rea- ciation (LIRA), Lost Dreams Awaken Center, grams given the importance of ONDCP’s mis- Inc., Lotus Peer Recovery/Sober Kerrville, son he was elected. He focused on how sion and the current opioid crisis. Louisiana Association of Substance Abuse we would stop this epidemic. This pro- Sincerely, Counselors & Trainers, Inc., Maine Alliance A New PATH, Addiction Haven, Addiction posal apparently put forward by Mem- for Addiction Recovery, Maine Immigrant Medicine Foundation, Addiction Policy and Refugee Services, Major Cities Chiefs bers of his administration runs counter Forum, Advocates for Recovery Colorado, Association, Major County Sheriffs of Amer- to what he talked about during the Alabama Citizens Action Program, Alano ica, Maryland Recovery Organization Con- campaign. Club of Portland, American Academy of Ad- necting Communities (M–ROCC), Massachu- Earlier today, my original House co- diction Psychiatry, American Academy of setts Organization for Addiction Recovery sponsor of the Drug-Free Community Pediatrics, American Association for the (MOAR). Act, Congressman SANDY LEVIN, and I Treatment of Opioid Dependence, American Message Carriers of Pennsylvania, Inc., Mi- sent a letter to the Office of Manage- Association of Child & Adolescent Psychi- atry, American Association of Colleges of HOPE—Michigan Heroin & Opiate Preven- ment and Budget Director, Mick tion and Education, Michigan Recovery Mulvaney, encouraging him not to pur- Pharmacy, American Congress of Obstetri- cians and Gynecologists, American Correc- Voices, Milestone Foundation, Minnesota sue this course of action. tional Association, American Osteopathic Recovery Connection, Missouri Recovery More importantly, more than 219 Academy of Addiction Medicine, American Network, Mothers Against Drunk Driving, nonpartisan public health groups—ex- Osteopathic Association, American Psy- Mothers Against Prescription Drug Abuse, perts like the American Academy of chiatric Association, American Psycho- National Alliance of State Drug Enforce- Pediatrics, the American Public Health logical Association, American Public Health ment Agencies, National Alliance for Medi- Association, the Northern Ohio Recov- Association, American Society of Addiction cation Assisted Recovery, National Associa- Medicine. tion for Children of Alcoholics, National As- ery Association, the Community Anti- sociation for Rural Mental Health, National Drug Coalition of America, and other AmerisourceBergen Corporation, Associa- tion for Behavioral Health and Wellness, As- Association of City and County Health Offi- groups sent a letter to the White House sociation of Persons Affected by Addiction cials, National Association of Clinical Nurse expressing their support for the work (APAA), Association of Prosecuting Attor- Specialists, National Association of Coun- of the Office of National Drug Control neys, Association of Recovery Community ties, National Association of County Behav- Policy. Organizations, Association of Recovery ioral Health and Developmental Disability Mr. President, I ask unanimous con- Schools, Association of Schools and Pro- Directors, National Association of Drug sent to have this letter printed in the grams of Public Health, Association of State Court Professionals, National Association of and Territorial Health Officials, Bangor Area Police Organizations, National Association RECORD. of Social Workers. There being no objection, the mate- Recovery Network, Inc., Big Cities Health National Association of State Alcohol and rial was ordered to be printed in the Coalition, California Academy of Family Physicians, California Consortium of Addic- Drug Abuse Directors, National Athletic RECORD, as follows: tion Programs and Professionals, Capital Trainers’ Association (NATA), National Cen- MAY 8, 2017. Area Project Vox, Caron Treatment Centers, ter on Addiction and Substance Abuse, Na- Re Revise OMB’s proposed budget slashing Catholic Charities Maine, Center for Recov- tional Council for Behavioral Health, Na- drug control funding ery and Wellness Resources, Center for Sub- tional Council on Alcoholism and Drug De- Mr. REED CORDISH, stance Abuse Research, University of Mary- pendence, Inc. (NCADD), National Criminal Senior Adviser to the President, land, Chicago Recovering Communities Coa- Justice Association, National District Attor- The White House. lition (CRCC), Collaborative for Effective neys Association, National Families in Ac- DEAR MR. CORDISH: We are thankful to the Prescription Opioid Policies, College on tion, National Fusion Center Association, Trump Administration for prioritizing the Problems of Drug Dependence. National HIDTA Directors Association, Na- reduction of drug use, drug trafficking, and Communities for Recovery, Community tional Hospice and Palliative Care Organiza- its consequences. We represent former and Alliances for Drug-Free Youth, Community tion, National Minority AIDS Council, Na- current federal, state, and local officials, Anti-Drug Coalitions of America, Commu- tional Narcotics Officers Association Coali- hundreds of community-based organizations, nity Oriented Correctional Health Services, tion, National Safety Council, National and tens of thousands of people working in Connecticut Certification Board, Con- Sheriffs’ Association, Navigate Recovery, drug prevention, drug treatment, drug treat- necticut Community for Addiction Recovery New Evangelical Partnership for the Com- ment courts, mental health, recovery, medi- (CCAR), Council on Prevention and Edu- mon Good, New York Association of Alco- cine, law enforcement, and millions of indi- cation: Substances, DarJune Recovery Sup- holism and Substance Abuse Providers, Inc., viduals in recovery from alcohol and drug port Services & Cafe´, DC Recovery Commu- Northern Ohio Recovery Association use disorders. Like the Administration, we nity Alliance, Delaware Certification Board, (NORA), NAADAC, the Association for Ad- believe drugs are a serious issue. Detroit Recovery Project, Inc., Dorchester diction Professionals. In light of the Administration’s Recovery Initiative, Drug Free America Nurse Practitioner Healthcare Foundation, prioritization, we write in strong support of Foundation, Drug Free Schools Coalition, Oklahoma Citizen Advocates for Recovery & the Office of National Drug Control Policy DUID Victim Voices, Easy Does It, Inc., El Treatment Association (OCARTA), Okla- (ONDCP) and the critically important Drug Paso Alliance, Engaged Recovery Commu- homa Drug and Alcohol Professional Coun- Free Communities (DFC) program, which nity Services, Entertainment Industries selor Association, P.E.E.R Wellness Center, provides funding directly to communities to Council, Inc., Faces & Voices of Recovery. Inc., Partnership for Drug-Free Kids, prevent drug use. DFC-funded coalitions are Facing Addiction, FAVOR Greenville, PEER360 Recovery Alliance, Pennsylvania proven to effectively reduce alcohol, to- FAVOR Mississippi Recovery Advocacy Certification Board, Pennsylvania Recovery bacco, marijuana and prescription drug mis- Project, FAVOR Pee Dee, FAVOR Tri-Coun- Organization—Achieving Community To- use among middle and high school-aged chil- ty, FED UP Coalition to End the Opioid Epi- gether—(PRO-ACT), Pennsylvania Recovery

VerDate Sep 11 2014 02:16 May 10, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G09MY6.023 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE May 9, 2017 CONGRESSIONAL RECORD — SENATE S2837 Organizations Alliance (PRO-A), People Ad- today at our lunch as we discussed to Commissioner Mark McClellan, and vocating Recovery—PAR, Phoenix House, healthcare. He was a leader last year as the FDA’s Director of Medical Pol- Phoenix Multisport Boston, Physicians for when we passed the 21st Century Cures icy Development. Responsible Opioid Prescribing, PLR Athens, Act to try to move these medical mir- Dr. Gottlieb has studied health pol- Proove Biosciences, RASE Project, Recover Project/Western MA Training, Recover Wyo- acles that we know are coming through icy as a resident fellow at the Amer- ming, Recovery—Friendly Taos County, Re- the regulatory and investment process ican Enterprise Institute. He is a pro- covery Allies of West Michigan. more rapidly and into medicine cabi- lific writer and speaker on medical in- Recovery Cafe, Recovery Communities of nets and doctors’ offices. novations. He has testified in front of North Carolina, Recovery Community of Senator PORTMAN and Senator Congress 18 times on a variety of Durham, Recovery Consultants of Atlanta, WHITEHOUSE and others, in a bipartisan issues, including the drug approval Recovery Data Solutions, Recovery Idaho, way, worked to add at least $1 billion process, drug costs, drug shortages, im- Inc., Recovery is Happening, RecoveryATX, more funding for States to deal with portation, and healthcare reform. RecoveryNC (Governors Institute on Sub- Dr. Gottlieb is also a cancer survivor. stance Abuse), Regroup, Rhode Island Cer- opioids after they had passed the Com- tification Board, Rhode Island Communities prehensive Addiction and Recovery Act He knows firsthand how medical treat- for Addiction Recovery Efforts (RICAREs), earlier that year. So the opioid epi- ments affect patients and their fami- ROCovery Fitness, Rosenthal Center for Ad- demic and the families who suffer from lies. diction Studies, Safe Kids Worldwide, SAM it have no more effective spokesman Dr. Gottlieb, like others who were Action, Save Our Society from Drugs, Shat- and advocate than the Senator from nominated by Presidents, has been terproof, Smart Approaches to Marijuana, Ohio, and I am glad I had an oppor- through an exhaustive vetting process. SMART Recovery. tunity to hear his remarks today. The President announced the Gottlieb Solano Recovery Project, Spiritworks nomination on March 10. We received Foundation, Spread Hope Like Fire, Springs Mr. President, I ask unanimous con- Recovery Connection, STEP Industries, sent that the time until 4:30 be equally the nomination March 27. On April 5, 1 Strengthening the Mid-Atlantic Region for divided in the usual form; further, that Dr. Gottlieb testified for 2 ⁄2 hours in Tomorrow (SMART), Substance Abuse Li- all postcloture time on the Gottlieb our Senate HELP Committee. I offered brarians and Information Specialists, nomination expire at 4:30 p.m. today; Senators an opportunity to ask any T.O.R.C.H., Inc., Tennessee Overdose Preven- and that, if confirmed, the motion to questions they wished. Following his tion, Texas Association of Addiction Profes- reconsider be considered made and laid hearing, he answered 189 follow-up sionals, The Addict’s Mom, The Alliance for on the table, and the President be im- questions. If you count all the subques- Addiction and Mental Health Services, tions, it was 372 questions. Maine, The Bridge Foundation, The DOOR— mediately notified of the Senate’s ac- DeKalb Open Opportunity for Recovery, The tion. On April 27, our committee approved Friends of NIDA, The MARS Project, The The PRESIDING OFFICER. Is there his nomination by a vote of 14 to 9, McShin Foundation, The Moyer Foundation, objection? readying that nomination for consider- The National Center on Addiction and Sub- Without objection, it is so ordered. ation by the full Senate today. stance Abuse, The Police Foundation. Mr. ALEXANDER. Mr. President, On March 28, more than a month ago, Tia Hart Recovery Community Program, while the Senator from Ohio is here, the independent Office of Government TASC of Illinois (Treatment Alternatives for one more word on opioids. Ethics concluded that Dr. Gottlieb ‘‘is Safer Communities), Treatment Commu- Dr. Francis Collins, the head of the in compliance with applicable laws and nities of America, Trilogy Recovery Commu- National Institutes of Health, has tes- regulations governing conflicts of in- nity, Trust for America’s Health, Utah Sup- port Advocates for Recovery Awareness tified before the Senate that in the terest.’’ (USARA), Verde Technologies, Vermont Re- next decade we could have—we should Let me read from the Office of Gov- covery Network, Virginia Association of Re- have a discovery of a nonaddictive pain ernment Ethics’ website about what covery Residences, Virginia Certification medicine. that agency does. It says: ‘‘OGE pro- Board, Voices of Hope for Cecil County, I cannot think of anything that over vides an independent review of the fi- Voices of Recovery San Mateo County, WAI- the long run could deal more with nancial disclosure reports of can- IAM, Inc. and RISE Recovery Community, opioid addiction than to find a sub- didates for Senate-confirmed nominees. Washtenaw Recovery Advocacy Project stitute for opioids that wasn’t addict- OGE makes sure that these individuals (WRAP), WestCare, Inc., WholeLife Recovery ive. So we have discussed that with the Community/Arizona Recovery Coalition, have complied with the extensive re- Wisconsin Recovery Community Organiza- President, with the new head of the quirements for financial disclosure tion (WIRCO), Wisconsin Voices for Recov- FDA—after today, Dr. Gottlieb, I under the Ethics in Government Act. ery, Young People in Recovery, Zoe’s Story hope—with Dr. Price, Senator OGE ensures compliance with financial Fund. PORTMAN, and with others, and, hope- disclosure requirements and assists in Mr. PORTMAN. Mr. President, these fully, in a bipartisan way, we can lean the resolution of potential conflicts of groups know that the proposed cuts forward into accelerating the discovery interest. It carefully evaluates nomi- would undermine our anti-drug efforts of a nonaddictive pain medicine, and nees’ financial disclosure reports and at a time when we need them more we can make that contribution in this works with agency ethics officials to than ever. So I ask my colleagues to effort. prepare individualized ethics agree- join me in urging the OMB Director Mr. President, the Senate will vote ments.’’ and the folks in the White House who shortly at 4:30 p.m. on the President’s The website continues: ‘‘After con- are making these decisions not to take nomination of Scott Gottlieb to serve firming with the agency that there are this course of action but rather to sup- as Commissioner of the Food and Drug no unresolved conflicts of interest, port our proven community anti-drug Administration. He is the right person OGE then transmits the financial dis- coalition, to support ONDCP in doing to lead the FDA in this vital mission closure report, the ethics agreement, the important work at a time of a and move the agency forward so Amer- and a cover letter directly to the Sen- growing epidemic. We have never need- ica’s patients can benefit from the re- ate.’’ ed these programs more than we do markable discoveries—one of which I That all arrived at our committee on right now. was just discussing—that our Nation’s March 28. So that should answer any Thank you, Mr. President. researchers are working on. questions about whether Dr. Gottlieb I yield back my time. Dr. Gottlieb has impressive qualifica- has a conflict of interest because the The PRESIDING OFFICER. The Sen- tions from every perspective. He was a independent agency Congress set up to ator from Tennessee. practicing physician and hospitalist for resolve that question says he has Mr. ALEXANDER. Mr. President, I many years, received his medical de- none—or if he has any, he will resolve congratulate the Senator from Ohio gree at Mount Sinai School of Medicine them according to an agreement with not just on his speech and his remarks and completed his residency there. He that office. but on his leadership on the opioid epi- held three positions in the Department I believe Dr. Gottlieb will help to demic in our country and its progres- of Health and Human Services, includ- move the FDA forward so patients can sion into other areas. He speaks pas- ing two at the FDA as Deputy Commis- benefit from the remarkable medical sionately about it publicly and pri- sioner, from 2005 to 2007, and before discoveries that researchers are work- vately to his colleagues, just as he did that, in 2003 to 2004, as a senior adviser ing on. The FDA affects nearly every

VerDate Sep 11 2014 01:08 May 10, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\A09MY6.012 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE S2838 CONGRESSIONAL RECORD — SENATE May 9, 2017 single American and regulates about a Mr. President, here are a few exam- own stem cells. We will have a uni- quarter of all consumer spending in our ples of what some of these groups had versal flu vaccine. Did you know that country, over $4 trillion annually. to say. the flu kills between 12,000 and 56,000 It is responsible for areas as diverse Dr. Jeff Allen, the President and CEO Americans a year? There will be a uni- as prescription drugs for humans and of Friends of Cancer Research, said: versal flu vaccine. There will be an animals, medical devices, biologics, di- ‘‘Through his knowledge and experi- HIV/AIDS vaccine and an artificial etary supplements, cosmetics, over- ence, we have no doubt that Dr. Gott- pancreas for patients with diabetes the-counter medications, food, and to- lieb will be the right person to ensure who have spent decades injecting them- bacco products. In addition to drugs FDA keeps pace with science and inno- selves with insulin. These are the dis- and medical devices, the FDA is re- vation without sacrificing the safety coveries that are just over the horizon, sponsible for protecting our Nation’s and efficacy gold standard established not to mention medicine that will food supply and working to reduce the by FDA.’’ identify Alzheimer’s before there are number of people who get sick from The Healthcare Leadership Council symptoms and then slow the progres- foodborne illnesses. said: ‘‘Dr. Gottlieb’s qualifications to sion of the disease. Think of the grief it Some of my Democratic colleagues lead the FDA are extensive and indis- would save families and the billions it have expressed concern about Dr. Gott- putable. . . . Dr. Gottlieb has consist- would save the country. We have in- lieb’s prior work with companies that ently demonstrated his vision for ac- vested in that. are regulated by the Food and Drug celerated medical innovation in this We have competent leadership to be Administration, but the fact is, it is country and greater patient access to approved by the Senate today, in work- not so unusual to have an FDA Com- the drugs and devices that improve ing with Dr. Collins and Dr. Price, who missioner who has consulted with the lives.’’ can make sure those dreams become a food and drug industry. Dr. Califf, the Dr. Mark McClellan, FDA Commis- reality perhaps even more rapidly. distinguished former FDA Commis- sioner from 2002 to 2004, said: ‘‘He’s a The FDA plays a key role in this. At sioner under President Obama, con- very good nomination,’’ adding ‘‘he is the committee hearing, I asked Dr. sulted for many companies prior to his very dedicated to finding better ways Gottlieb about the subject Senator confirmation from the Senate. That to protect and improve the health of PORTMAN and I just talked about. I didn’t disqualify Dr. Califf. I supported the public, all of which are great pre- asked him how the FDA can be for- him. So did 89 other Senators. He was requisites for FDA Commissioner.’’ ward-leaning in accelerating the find- confirmed 89 to 4. Andy Slavitt, who just stepped down ing of new nonaddictive pain medi- I think we should recognize the obvi- as the Administrator of the Centers for cines—the ultimate cure for the opioid ous fact that it is a good idea to have Medicare & Medicaid Services under epidemic. It is a heartbreaking issue people serving in government with President Obama, said that Dr. Gott- that almost every Senator knows some experience in the types of indus- lieb is ‘‘a very good choice.’’ about. Dr. Gottlieb said that the opioid tries they are in charge of. The other The FDA has always been important, epidemic is ‘‘having staggering human day we confirmed a Secretary of Agri- but there never has been a more impor- consequences.’’ culture. I think it helps that he is a tant time for this agency. It is respon- He also said: farmer and a veterinarian. We con- sible for making sure patients benefit I think it’s the biggest crisis facing the firmed the Secretary of Commerce. I from the promising research driven by agency. It’s going to require dramatic action think it helps that he has some back- significant funding Congress has given by whoever steps into the agency. I think it’s to medical research in last year’s 21st going to require an all-of-the-above approach ground in business. Some of the same that does include reevaluating the frame- people who are criticizing Dr. Gottlieb Century Cures Act, which the majority work for how we can develop alternatives to for having a background in working leader called ‘‘the most important leg- opioid drugs. I think it also includes looking with companies that manufacture islation of the year.’’ at device alternatives to opioid drugs and drugs criticized President Trump’s Sec- I don’t want it to go unnoticed that looking at devices in the context of drugs. retary of Education because she had last year Congress increased funding Dr. Gottlieb’s first order of business never been on the payroll of the people for the National Institutes of Health by will be to work with us on the reau- she was about to be in charge of. So $2 billion. Last week, Congress in- thorization of the FDA user fee agree- you can’t have it both ways. creased funding for the National Insti- ments, which experts at the FDA told I believe Dr. Gottlieb’s background in tutes of Health by another $2 billion. members of our HELP Committee at understanding how drugs are manufac- The 21st Century Cures Act, which Con- one of the two bipartisan hearings on tured, how they can be manufactured gress also passed last year, authorized the agreements, are integral to helping safely, how they can be moved through a $4.8 billion increase in funding for the patients and continuing the implemen- the regulatory and investment process National Institutes of Health for Presi- tation of the 21st Century Cures Act. more rapidly is vitally important to dent Obama’s Precision Medicine Ini- Before September 30, four different the opportunity we have in America— tiative and for the Cancer Moonshot agreements need to be reauthorized. more than we have ever had before—of the Vice President worked on. Speaker They fund $8 billion to $9 billion over finding these new medical miracles and RYAN and Majority Leader MCCONNELL, the next 5 years, which is about a quar- putting them in our medicine cabinets President Obama, Vice President ter of the Food and Drug Administra- and our doctors’ offices. Biden, all of us want to see these med- tion’s budget. If we do not move quick- Dr. Gottlieb has broad support from ical miracles move forward, and having ly to pass these agreements in late an array of patient, industry, and re- competent leadership in the FDA is ab- July, the FDA will be forced, by law, to search organizations. The supporters solutely essential to that effort. send layoff notices to more than 5,000 include three former FDA Commis- I am very excited about the prospect FDA employees and notify them that sioners and President Obama’s Admin- of having Dr. Gottlieb and Dr. Francis they may lose their jobs in 60 days. istrator of the Centers for Medicare & Collins, who is the head of the National A delay in reauthorizing these agree- Medicaid Services. Institutes of Health, at the head of ments would delay the reviews of drugs On Friday, I received a letter of sup- these two lifesaving agencies, which and devices that were submitted after port for Dr. Gottlieb from 10 State at- are important to every single Amer- April 1—1 month ago. For example, if torneys general who particularly ican family. we do not pass these user fee reauthor- praised the nominee as ‘‘a leader in the The reason 21st Century Cures is such izations on time, an FDA reviewer who fight against opioid abuse,’’ the subject an important bill is that it will drive gets started in reviewing, say, a cancer Senator PORTMAN spoke on a moment forward this extraordinary research, drug that was submitted to the agency ago. and Dr. Collins talked about some of in April would be laid off on October 1, Mr. President, I ask unanimous con- the discoveries that will be possible in which would be before the reviewer is sent to have printed in the RECORD a the next decade. I mentioned the possi- able to finish his or her work. list of 93 groups that support Dr. Gott- bility of nonaddictive pain medicine. In addition to harming patients and lieb’s nomination at the conclusion of Dr. Collins said that we will also have families who rely on medical innova- my remarks. hearts that will be rebuilt from our tion, a delay in reauthorization would

VerDate Sep 11 2014 01:08 May 10, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\G09MY6.025 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE May 9, 2017 CONGRESSIONAL RECORD — SENATE S2839 threaten America’s global leadership in Association; Infant Nutrition Council of effect. On the very same day, the FDA biomedical innovation. America; International Bottled Water Asso- announced that it would delay the en- After reviewing the recommenda- ciation; International Dairy Foods Associa- forcement of a rule to ensure greater tions from industry and the FDA, I be- tion; Intemational Food Additives Council; International Premium Cigar and Pipe Re- oversight over tobacco products, in- lieve these are good agreements for pa- tailers; Kids v. Cancer; Kidney Care Associa- cluding cigars, pipe tobacco, and e- tients. The sooner we pass the legisla- tion; The Leukemia & Lymphoma Society. cigarettes. Now is not the time for the tion, the better so as to give patients, Lung Cancer Alliance; LUNGevity; Lupus FDA to be taking its foot off the gas doctors, FDA reviewers, and compa- and Allied Diseases Association, Inc.; when it comes to protecting our chil- nies’ certainty. Lymphoma Research Foundation; Manhat- dren and youth from harmful mar- At this moment, Washington, DC, is tan Institute; Men’s Health Network; Na- keting and flavoring tactics. These are not a very bipartisan town on many tional Association of Chemical Distributors; significant steps in the wrong direc- issues, but on this issue—the issue of National Automatic Merchandising Associa- tion; National Coalition for Cancer Research tion. user fees to support the Food and Drug (NCCR); National Coalition for Cancer Survi- Families have every reason to be Administration—it has been. vorship; National Confectioners Association; worried about this administration, and I compliment Senator PATTY MURRAY National Consumers League; National Fabry they are making it clear that they and her staff. Senator MURRAY is the Disease Foundation; National Grocers Asso- want leaders who are prepared to stand ranking Democrat on the HELP Com- ciation; National Health Council; National up for them, which brings us back to mittee. Our staffs have been working Infusion Center Association (NICA); National Dr. Gottlieb. together for 15 months in a bipartisan Kidney Foundation; National Pasta Associa- At our HELP Committee hearing, way and working with the House of tion; National Patient Advocate Foundation after scrutinizing his past record, ask- (NPAF). Representatives to try to make sure we National Restaurant Association; Natural ing where he stands on key policy can present to the full Senate our FDA Products Association; The Nicholas Conor issues, and reviewing his answers to user fee agreements. We have had two Institute; North American Millers Associa- many of my questions, it has been bipartisan hearings. Tomorrow, we tion; Ovarian Cancer Research Fund Alli- made clear to me that Dr. Gottlieb is have a markup at which we hope those ance; Personal Care Products Council; Phar- not that leader. He has not convinced agreements will be reported to the Sen- maceutical Manufacturers and Manufactur- me that he can withstand political ate floor. ers Associations of America (PhRMA); Pre- pressure from this administration or The FDA has a vital and important vent Cancer Foundation; Produce Marketing Association; Research!America; Sarcoma that he will be truly committed to put- mission, and I am confident Dr. Gott- Foundation of America; SNAC International; ting our families’ health first. For lieb is the right person to be leading Society of Hospital Medicine; The Sugar As- these reasons, I will be voting no on the agency. We are fortunate that he is sociation; Susan G. Komen; Swifty Founda- Dr. Gottlieb’s nomination today. willing to serve. I look forward to the tion; United Fresh Produce Association. In reviewing Dr. Gottlieb’s profes- Senate’s approving Dr. Gottlieb’s con- Mr. ALEXANDER. Mr. President, I sional history and background, I have firmation this afternoon. yield the floor. grown increasingly concerned about There being no objection, the mate- The PRESIDING OFFICER. The Sen- whether he can lead the FDA in an un- rial was ordered to be printed in the ator from Washington. biased way given his unprecedented in- RECORD, as follows: Mrs. MURRAY. Mr. President, before dustry ties. On numerous occasions, Dr. Gottlieb’s nomination has received I discuss why the nominee before us, Dr. Gottlieb has invested in or advised support from 93 groups—including a broad Dr. Scott Gottlieb, is the wrong choice a company and then used his public array of patient, industry, and research or- to lead the Food and Drug Administra- platform to promote policies that will ganizations. tion, I want to take a minute to talk benefit that company in the future. Full list of supporters: Advanced Medical I know that, if confirmed, Dr. Gott- Technology Association (Advanced); Aduro about the FDA’s impact on the health Biotech; Alliance for Aging Research; Alli- and safety of patients and families na- lieb has agreed to recuse himself for 1 ance for Patient Access; Alliance for Regen- tionwide and how that impacts my per- year from decisions involving some erative Medicine; Alliance of Specialty Medi- spective on this nomination. companies in which he has invested or cine; American Academy of Facial & Plastic Our constituents rely on the FDA’s held positions, but Dr. Gottlieb will Reconstructive Surgery; American Associa- work every single day. They trust that still be allowed to weigh in on matters tion for Cancer Research; American Associa- the food they buy from the grocery that involve other companies in which tion of Neurological Surgeons; American store is safe. They trust that when he had been previously invested. His Bakers Association; American Beverage As- they go to the emergency room, the complicated relationships with a ven- sociation; American Enterprise Institute; American Frozen Food Institute; American drugs and medical devices that are ture capital firm and an investment Society for Radiation Oncology; American used in their care have been held to the bank specifically raise many questions, Society of Cataract and Refractive Surgery; highest standards of approval and that and he will not be recused from mat- American Society of Echocardiography; the FDA’s decisions are based on ters that involve a number of their cli- American Society of Plastic Surgeons; Asso- science, not politics or ideology. In ents. Companies Dr. Gottlieb has in- ciation for Accessible Medicines (AAM); As- other words, they trust in FDA’s gold vested in have more than 60 drugs in sociation of American Cancer Institutes standard of approval. So it is critical development that could come before (AACI). that the FDA continue to have strong, Association of Black Cardiologists; Asso- the FDA for approval, and the compa- ciation of Clinical Research Organizations; independent leadership, especially in nies Dr. Gottlieb will be recused from Calorie Control Council; Can Manufacturers light of President Trump’s radical pri- have over 120 drugs in development. Institute; CancerCare; Cancer Support Com- orities. The extent of these entanglements is munity; CEO Roundtable on Cancer; The Like many, I am deeply concerned by unprecedented, and they are particu- Children’s Cause for Cancer Advocacy; Cigar this administration’s efforts to roll larly troubling given this administra- Association of America; CNF Pharma LLC; back the progress we have made to tion’s clear willingness to skirt ethics Coalition of Cancer Cooperative Groups; Coa- strengthen the FDA and to improve rules and pressure Federal employees lition of State Rheumatology Organizations; public health. Let me give two recent in order to jam their agenda through. Community Oncology Alliance; Congress of Neurological Surgeons; Corn Refiners Asso- examples from last week alone. First, Yet, as troubling as these entangle- ciation; EveryLife Foundation; FasterCures, the FDA delayed the implementation ments are, they are not my only prob- a center for the Milken Institute; Fight of a rule on menu labeling require- lems with this nomination. I am equal- Colorectal Cancer; Food Marketing Insti- ments, which would have provided fam- ly concerned about where Dr. Gottlieb tute. ilies access to critical nutritional in- stands on key policy issues. Friedrich’s Ataxia Research Alliance formation about the food they buy and For one, I do remain unconvinced (FARA); Friends of Cancer Research; Global eat. These requirements have been that Dr. Gottlieb will ensure inde- Genes; Global Healthy Living Foundation; worked on for years by several Sen- pendent, science-based decisionmaking Grandparents in Action; Grocery Manufac- turers Association (GMA); Healthcare Lead- ators and the Obama administration, at the FDA if he is confirmed. While ership Council; Healthcare Nutrition Coun- with the support of public health Dr. Gottlieb was at the FDA under the cil; Healthy Women; Hematology/Oncology groups and restaurants. The rule was Bush administration, I was working Pharmacy Association; Independent Bakers less than 1 week away from going into very hard to ensure that, consistent

VerDate Sep 11 2014 01:08 May 10, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\G09MY6.027 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE S2840 CONGRESSIONAL RECORD — SENATE May 9, 2017 with expert recommendations, emer- a number of priorities, like improving food imports. Even with passage of the gency contraception known as Plan B the postmarket surveillance of medical FDA Food Safety Modernization Act, would be sold over the counter to all devices. Yet, in large part, I have to more work remains to be done. We age groups. Yet the Bush administra- say we were left disappointed with the must further beef up both foreign and tion ignored the science and made a de- lack of specificity in his answers. Many domestic facility inspections. We must cision, based on purely ideological of them were vague, and some ques- ensure the FDA has sufficient staff and grounds, on a so-called behind-the- tions were flatout ignored. resources to carry out their respon- counter option for Plan B, which al- I just came back from hearing from sibilities. We must do a better job of ef- lowed politics to interfere directly families in my home State, and I can fectively tracking and tracing high- with women’s access to the healthcare tell you that people are looking at risk foods in the event of a foodborne services that they need, and that was a what President Trump is doing. They illness outbreak. position which Dr. Gottlieb defended. are appalled, and they are looking for In addition, the FDA can and must do I have had the opportunity to discuss leaders to step up. Whether it is Dr. more to better regulate dietary supple- this matter with Dr. Gottlieb on sev- Gottlieb’s unprecedented financial en- ments. I was pleased that, in 2015, the eral occasions now, but regrettably my tanglements, his inability to withstand FDA announced creation of the Office concerns remain unchanged. When I political pressure from the Bush ad- of Dietary Supplement Programs to in- asked Dr. Gottlieb about this at our ministration in order to ensure science crease focus on and regulation of the hearing—whether he would allow this and not ideology drives decision- ever-growing dietary supplement in- administration to use the FDA to fur- making at the FDA, or whether he will dustry. It is my hope that this FDA of- ther its political agenda against wom- truly prioritize patient and consumer fice continues to receive the funding en’s health—Dr. Gottlieb said he would safety and the public health over the they so desperately need to carry out ‘‘not relitigate settled approval deci- interests of corporations that stand to their mission of regulating a $35 billion sions’’ on this matter. When I made gain financially, I continue to doubt dietary supplement industry and ag- clear that I was asking about the fu- whether Dr. Gottlieb will be able to gressively pursue wrongdoing. ture and how he would respond to fu- stand up to President Trump. Finally, ecigarette products continue ture pressure from this administration I believe that families and patients, to be a growing threat to our Nation’s to undermine women’s health, Dr. rightly, expect more. They want inde- youth. Last year, then-Surgeon Gen- Gottlieb did not give a clear answer. pendent, science-based leadership at eral Vivek Murthy released a report, Given the Trump administration’s the FDA. I stand with them and will calling the skyrocketing use of commitment to undermining women’s oppose this nomination. ecigarettes among youth ‘‘a major pub- reproductive rights, which we have Mr. DURBIN. Mr. President, I wish to lic health concern.’’ Ecigarettes are seen so clearly in these past 100 days, I express concern with President now the most commonly used form of find this aspect of Dr. Gottlieb’s profes- Trump’s nominee to serve as next Com- tobacco among young people in the sional history especially troubling. missioner of the Food and Drug Admin- United States. Over the past 5 years, I have also raised concerns regarding istration, FDA. the number of middle school and high Dr. Gottlieb’s published positions on a The FDA Commissioner is respon- school students who have used number of important issues that focus sible for overseeing our Federal agency ecigarettes has tripled. Among young on drugs and medical devices. tasked with protecting and promoting adults aged 18 to 24, the number has As I stated at the beginning of my re- the public health through the regula- doubled. While some research indicates marks, I find the administration’s re- tion of food, tobacco products, dietary that ecigarettes contain fewer toxic cent decision to delay oversight on to- supplements, drugs, medical devices, substances than ecigarettes, vape from bacco products to be especially con- cosmetics, and veterinary products. I ecigarettes is not harmless, and these cerning, which makes it all the more am not convinced that Dr. Scott Gott- products are a gateway to smoking. important that the next FDA Commis- lieb is the right person for this job, The popularity of ecigarettes stems in sioner have a clear position on this based primarily on his less than im- part from aggressive marketing and issue. I asked Dr. Gottlieb about this pressive record of defending women’s products aimed at youth, including the at our hearing, specifically as it relates access to healthcare, his association marketing of bubble gum, tutti frutti, to flavored e-cigarettes that have with an ecigarette—or vaping—com- and marshmallow flavorings. The FDA flooded the markets in recent years. I pany that has produced and marketed must aggressively oversee these prod- have to say that I was disappointed by tobacco products to youth, his stated ucts and ensure that they are not being his response. I think it is clear that a desire to expand ‘‘off-label’’ commu- marketed to children or young adults. line has been crossed when tobacco nications between drug companies and Any attempt to exempt these products companies prey on children by coming health providers, and his long-standing from FDA regulation will be met with out with e-cigarette flavors like and vocal opposition to the Affordable extreme resistance from me. gummy bear and cookies and cream. Care Act, ACA. If confirmed, I hope he Mr. LEAHY. Mr. President, as the Yet, during his hearing, when I asked proves me wrong. Senate continues to consider nominees Dr. Gottlieb about this, he said he was Of particular concern to me is pro- to lead our Nation’s top agencies, we not quite sure where that line gets tecting our Nation’s food safety. I was are once again faced with the difficult drawn. That speaks volumes to me, and pleased that, in 2001, then-President decision to confirm an individual it is a pattern I have seen in Dr. Gott- Obama signed into law the FDA Food whose interests run counter to the mis- lieb’s answers, whether I have asked Safety Modernization Act, marking the sion of the agency he or she will be him about off-label communications by most comprehensive reform of our Na- tasked to lead. Dr. Scott Gottlieb, the drug companies or combating the tion’s food safety system in decades. nominee for Commissioner of the U.S. opioid epidemic and what the FDA can Every year, 48 million Americans suffer Food and Drug Administration, FDA, do to help rein in drug costs. from preventable foodborne illness. is another such nominee. I could go on, but I want to make one More than 120,000 people are hospital- Dr. Scott Gottlieb is a physician and related point, which is that we still ized each year because of food contami- current medical consultant for phar- have many questions about where Dr. nation and 3,000 die. Every 4 minutes, maceutical, medical device, and other Gottlieb stands on pressing policy someone is rushed to the hospital be- healthcare companies. From 2003 to questions he will have to confront cause the food they ate made them 2007, Dr. Gottlieb was a senior adviser when he is confirmed. sick, and at the end of the day, eight to the FDA Commissioner for Medical As I said during our HELP Com- will die—which is why I have spent Technology. He was also the Deputy mittee markup, we submitted many much of my career working on various Commissioner for Medical and Sci- questions to Dr. Gottlieb following his bills to strengthen food safety struc- entific Affairs under two different FDA hearing, and I was encouraged that in tures at FDA and the U.S. Department Commissioners. In 2013, Dr. Gottlieb his answers to these questions, Dr. of Agriculture, to create a single food served on the Federal Health IT Policy Gottlieb committed to upholding the safety agency, and to support increased Committee for the Department of gold standard and working with me on inspection and protection of foreign Health and Human Services. He also

VerDate Sep 11 2014 01:08 May 10, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\G09MY6.028 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE May 9, 2017 CONGRESSIONAL RECORD — SENATE S2841 worked as an adviser to Mitt Romney Dr. Gottlieb has not committed himself govern oil and gas emissions. Criti- during his 2012 Presidential campaign. to in full, these conflicts are in direct cally, the North Dakota Industrial While I appreciate that Dr. Gottlieb contradiction to the ethics and objec- Commission has put in place flaring re- has qualifying experience, I remain tive work required of the Commis- quirements that have successfully re- concerned about his policies and con- sioner of the FDA. duced the flaring in our State from 35 flicts of interest. For instance, while The leader of the FDA has a firm re- percent down to 10 percent as a result serving as the FDA’s Deputy Commis- sponsibility in promoting policies and of their work, and they have a goal to sioner, Dr. Gottlieb defended the Bush overseeing drug development with the take it even further. This flaring re- administration’s position to deny the purpose of enhancing the health and duction is a big deal because to reduce availability of certain contraceptive well-being of the American people. We methane emissions you need to reduce care drugs over-the-counter, despite should put ourselves in the shoes of the flaring. the science that pointed to lifesaving American people, our constituents, in Flaring sounds complicated, but it is benefits from such drugs. Additionally, evaluating nominees to head agencies very simple. When excess gas is pro- while serving with Kure, a company that bear directly on the public’s duced along with oil and it can’t be that operates vaping and ecigarette healthcare needs. Given Dr. Gottlieb’s captured, then it gets burned off, or products, Dr. Gottlieb was noncom- significant conflicts of interest, com- flared. Neither industry nor State offi- mittal in supporting regulations over bined with his ideological approaches cials like flaring because it wastes nat- commerce in such products, which di- to public health policy, which suggest ural gas—it wastes a natural re- rectly targets young kids through mar- that he would rather deny patients ac- source—of which methane obviously is keting, when there is a lack of appro- cess to lifesaving resources than sup- the main component. As most Ameri- priate medical science to suggest port ways to improve healthcare and cans know, obviously, natural gas is a valuable commodity that is used to vaping and ecigarettes are less harmful promote prevention efforts for all, I heat our homes and power our fac- than tobacco products. He has also his- cannot in good conscience support his tories. That is why both industry and torically sought ways to ensure that nomination. the Family Smoking Prevention and Mrs. MURRAY. Mr. President, I yield the States have worked hard to make Tobacco Control Act of 2009 can better the floor. big improvements. They want to cap- support the industry instead of better I suggest the absence of a quorum. ture that natural gas and that meth- protecting patients and their families. The PRESIDING OFFICER. The ane. That is not just in North Dakota. This is especially problematic, given clerk will call the roll. That is in other energy-producing that the law provided the FDA with the The bill clerk proceeded to call the States across the country. authority to regulate tobacco in order roll. Nationally, methane emissions from to further curb smoking. Mr. HOEVEN. Mr. President, I ask the oil and gas industry have been on I am also concerned with Dr. Gott- unanimous consent that the order for the decline for a number of years. So lieb’s public disagreement with pro- the quorum call be rescinded. we are already actively working at the posals that would allow patients to ac- The PRESIDING OFFICER (Mr. State level under a regulatory regime cess affordable medications through CRUZ). Without objection, it is so or- where States have primacy to spend, drug importation. I have always sup- dered. authorized by EPA, to reduce natural gas flaring. ported policies that would allow pa- CONGRESSIONAL REVIEW ACT RESOLUTION With methane emissions already tients to access safe and affordable Mr. HOEVEN. Mr. President, now is being regulated and reduced by the medications from Canada because this the time to get back to basics. The States and industry, it is tough to fig- is a cost-effective method to provide Federal Government doesn’t exist for ure out why this new BLM regulation patients with the resources they need its own sake, it exists for the people, has been passed and what it is accom- to manage their health needs. Of and if Federal regulation serves no use- plishing. This rule has been calculated course, Dr. Gottlieb has long been an ful function for the people, then it only to cost up to $279 million each year. So outspoken critic of the Affordable Care serves to hold back our Nation’s pros- the cost of this rule is $279 million a Act, ACA, making troubling assertions perity and growth. year—a duplicative rule. That is in ad- along the way. He has been quoted as With so many Americans hungry for dition to the redtape. BLM estimates opposing the ACA’s medical loss ratio, good-paying jobs, now is the time to that the rule will impose an additional which ensures that the dollars con- unleash our Nation’s economic poten- 82,000 hours of paperwork. sumers pay on their healthcare go to tial by getting government out of the These numbers just might sound like just that and not to CEO salaries and way. It is just plain common sense to the cost of doing business, if you will, overhead costs. He has also publically eliminate regulations that are duplica- but America’s job creators know it is opposed the individual mandate and tive, costly, and unworkable. We need really costing us business, it is costing has supported converting the ACA’s to get back to the basics by getting rid us economic growth, and it is costing premium tax credits from an income- of those kinds of regulations, and one us jobs. These aren’t really numbers. based to an age-based rating system, of those regulations is the BLM meth- There are livelihoods at stake. which would significantly bar patient ane rule. What makes the BLM methane rule access to quality, affordable care. Now, the BLM methane rule is one of particularly burdensome is the fact Most concerning are Dr. Gottlieb’s those midnight regulations that the that it is simply unworkable. The rule undeniable ties to some of the largest Obama administration put out as they sets a maximum volume that each well pharmaceutical companies in the mar- were walking out the door. This new can flare, which will lead to curtail- ketplace. As an adviser for New Enter- regulation from the Bureau of Land ment and shut-in wells, meaning actu- prises Associates, Dr. Gottlieb cur- Management—or BLM—imposes new ally having to shut down the wells. Of rently manages more than 40 drugs rules and royalty rates on methane course, that decreases oil production now in development that could come emissions from oil and gas production and reduces royalty payments. So that before the FDA for approval. He has on Federal and Indian lands. means less energy, the owners get less also received compensation from many For those wondering why methane revenue, and we have less jobs. Mean- of these companies, earning more than emissions aren’t already regulated, while, this rule treats all drilling spac- $400,000 from multiple pharmaceutical there is a simple explanation: They ing units the same, regardless of and medical device companies from are. Under the Clean Air Act, the Envi- whether they have minimal Federal 2013 to 2015 alone. Dr. Gottlieb also ronmental Protection Agency, in part- ownership. Remember, a lot of these served on six pharmaceutical company nership with individual States, is wells they are trying to regulate are on boards, two insurance company boards, tasked with regulating air quality, minerals owned by the Federal Govern- one medical laboratory company which includes methane emissions. In ment, but they may also be on min- board, and several other similar fact, States like my State of North Da- erals owned by private individuals. So, boards, all of which have hundreds of kota and the State of Texas, where the once again, we have one of these Fed- drugs currently awaiting FDA ap- Presiding Officer resides, currently eral one-size-fits-all regulations that proval. Without proper recusal, which have regulatory systems in place to just does not work in practice.

VerDate Sep 11 2014 01:08 May 10, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\A09MY6.001 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE S2842 CONGRESSIONAL RECORD — SENATE May 9, 2017 That is why regulating the natural happened at the Fort Lauderdale-Hol- ly unfair to the affected passengers, gas and methane emissions has been lywood International Airport just in the overwhelmed airline employees, delegated to the States by EPA and the last day has been a disturbance and local law enforcement. It was un- why it should be up to the States. where they had to call in the Broward fair. Let’s not forget, also in dealing So the States are fighting back. Wyo- County Sheriff’s Office to put down the with the Fort Lauderdale airport, that ming, Montana, and North Dakota filed disturbance because there were some memories are still fresh of the shooting a legal challenge to the rule in the U.S. upset people. that took place in January at the bag- district court in Wyoming. I have just gotten off the phone with gage claim. The good news is that the States and the CEO of Spirit Airlines, as well as Now, what happened just last night our economy will not have to wait the head of the Air Line Pilots Associa- in Fort Lauderdale is just another ex- until this lawsuit makes its way tion, and basically have told them that ample of passengers becoming sick and through the court system. We can pro- they should get this thing fixed and get tired of what they perceive as mis- vide regulatory relief right now, and it fixed quick. There is not so much a treatment by airlines, be it that cir- we should do so through the Congres- labor dispute, because they are in nego- cumstance in Chicago with the forcible sional Review Act—the CRA—which tiations and I think are reaching final removal of a passenger, or be it failing provides Congress with a tool to rid the conclusions, but, as a result of some airline IT systems and airline fees run Nation of burdensome, duplicative reg- things with the schedule, it caused a amok. So the airlines had better start ulations like this one, and that is what number of flights to be canceled and, paying attention to this. our schedule is for tomorrow—to take unfortunately, canceled right at the It appears airlines are giving the im- up this CRA. last before they could let the pas- pression that they have forgotten their I am a cosponsor of this CRA, and we sengers know ahead of time before they customers must come first. So what is need to pass it. I wish to thank the ever came to the airport. Even much it? I know the airline companies don’t chairman of the EPW Committee, Sen- more of an irritant, they load them on intend to do this, but it is happening. ator BARRASSO, for his work on this the airplane as if they are ready to go It is being recorded on video, and it is issue, and others. The House has al- and then tell them they don’t have a all the more causing people to express ready passed this CRA. This has al- crew of pilots and, therefore, the flight their frustrations. ready been passed by the House. The has to be canceled. Those problems are I have no trouble in putting the air- President has expressed his support for going to go through today and tomor- lines on notice. If they can’t get their it. We need to pass it tomorrow. We row. act together and start treating the fly- need to get this done. I am given to believe—having talked ing public with respect rather than Every week I meet with North Dako- to the head of the pilot’s union, as well making them think they are self-load- tans and others who are working so as the CEO of the airline—that they ing cargo, then this Congress is going hard to produce energy for this coun- will have this straightened out over to be forced to act, and that time is try, to create jobs and a better future the next several days. It has been cost- going to come soon as the Senate be- for their families. They need and de- ly, and it has certainly been an irritant gins work this year on what will be a serve a Federal Government that will and an inconvenience to the passengers bipartisan long-term bill to reauthorize not stand in their way. This is a basic because 300 flights have been canceled the Federal Aviation Administration. but fundamental objective and a good already in the past several days, and That bill is coming later this year. place to reduce that regulatory burden we are going to see some more canceled I just want to say in conclusion that to get our economy going. The way to in the next couple of days. we have had a hearing in our Com- create more economic growth, more Now, this all culminated in what the merce Committee on this. I thought jobs, and higher income levels is by re- American television viewer has seen—a that would be enough and this Senator ducing the regulatory burden, and this chaotic scene at Spirit’s front ticket wouldn’t have to speak out anymore, is a great example. counter at the Fort Lauderdale airport but here, again, we have another inci- Again, it is just about common sense. after passengers had to get off of the dent. My heart goes out, for example, It is about empowering the States to airplane and the canceled flight. Many to some of the CEOs who are trying to take a States-first approach, a State’s people have seen this video. It is now change a culture of treating passengers primacy approach in terms of this kind circulating online. Obviously, these with disrespect or ignorance. It is im- of regulation. How we produce energy passengers were very frustrated, and it portant they change that culture be- in Texas or North Dakota or Ohio or took, unfortunately, the deputies com- cause we will continue to see these Pennsylvania or Washington State—it ing in to put down the disturbance. kinds of circumstances arise if pas- is different across the country. We Having said that, this is just the lat- sengers do not feel like they are get- can’t have a Federal one-size-fits-all est. Doesn’t that recall something else ting the proper respect they deserve. rule. That is why it needs to be left up that has happened in the last few After all, they are customers. They are to the States. weeks—a passenger being dragged off of paying customers of the airlines. We have a chance tomorrow to pass an airplane, beaten, and bloodied? I yield the floor. this measure, and it is exactly the kind Then, who has to come and get him but I suggest the absence of a quorum. of measure that will help reduce that an element of the airport authority of The PRESIDING OFFICER (Mr. regulatory burden, help us grow our Chicago. Haven’t we also seen on an- JOHNSON). The clerk will call the roll. The assistant bill clerk proceeded to economy, and help us create good jobs. other TV episode—and isn’t this telling I urge my colleagues to join with us us something—that passengers are now call the roll. Mr. NELSON. Mr. President, I ask and pass this CRA. recording evidence of how passengers unanimous consent that the order for I yield the floor. are being treated because they have the quorum call be rescinded. I suggest the absence of a quorum. cell phones and cell phones have video The PRESIDING OFFICER. Without The PRESIDING OFFICER. The cameras. So we saw an airline em- objection, it is so ordered. clerk will call the roll. ployee kind of go off on passengers in All postcloture time has expired. The senior assistant legislative clerk the case of another airline. Well, air- The question is, Will the Senate ad- proceeded to call the roll. lines, you had better start fixing this vise and consent to the Gottlieb nomi- Mr. NELSON. Mr. President, I ask because the passengers are not going to nation? unanimous consent that the order for tolerate it. Mr. NELSON. Mr. President, I ask for the quorum call be rescinded. On the instant circumstance, having the yeas and nays. The PRESIDING OFFICER. Without talked with the CEO and the head of The PRESIDING OFFICER. Is there a objection, it is so ordered. the union, they are in these discus- sufficient second? SPIRIT AIRLINES sions. I think they are going to get it There appears to be a sufficient sec- Mr. NELSON. Mr. President, most fixed. But they need to fix it fast be- ond. everybody has seen the news of another cause the traveling public only has so The clerk will call the roll. disturbance with regard to an airline in much patience. What happened at Fort The assistant bill clerk called the an airport terminal. Indeed, what has Lauderdale was unacceptable and deep- roll.

VerDate Sep 11 2014 01:08 May 10, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\G09MY6.031 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE May 9, 2017 CONGRESSIONAL RECORD — SENATE S2843 Mr. CORNYN. The following Senator Just to put it in context, a lot of tion, yet again, through a flawed and is necessarily absent: the Senator from times, when we talk about these sorts fraudulent process. Georgia (Mr. ISAKSON). of showdowns around the world—these The second message we have is to the Further, if present and voting, the sorts of internal strife—there is this people in the Venezuelan Government Senator from Georgia (Mr. ISAKSON) notion that there is this government in who do not want to be a part of what is would have voted ‘‘yea.’’ place and there is this group that does happening. We now see examples of the The PRESIDING OFFICER. Are there not like the government and that they Attorney General, Luisa Ortega, who is any other Senators in the Chamber de- are arguing with each other about the part of the Maduro government and has siring to vote? future of the country. What is inter- been largely friendly but who, lately, The result was announced—yeas 57, esting in Venezuela is that both the op- has begun to break away from the gov- nays 42, as follows: position and the ruling party are in ernment, going so far as to criticize the [Rollcall Vote No. 124 Ex.] government. The government, obvi- government’s escalating repression. YEAS—57 ously, at the Presidential level is con- You see it increasingly among the rank and file in the National Guard of Alexander Ernst Murkowski trolled by someone who has turned Barrasso Fischer Nelson himself into a dictator. He is a suc- Venezuela, who are all armored up like Bennet Flake Paul cessor of Hugo Chavez’s—he is the G.I. Joe, facing down these unarmed Blunt Gardner Perdue President, Nicolas Maduro—and those protesters, but on the other side of the Boozman Graham Portman Burr Grassley Risch who surround him. Then there is the protests are their mothers, their fa- Capito Hatch Roberts National Assembly that is elected by thers, their brothers, their sisters, Carper Heitkamp Rounds the people of Venezuela, the majority their wives, their husbands, and their Cassidy Heller Rubio friends and neighbors. What is really Cochran Hoeven Sasse party in their legislative branch. Collins Inhofe Scott What has happened over the last year troubling now is that these armed Coons Johnson Shelby and a half is that the President of Ven- groups—irregular groups, these mili- Corker Kennedy Strange ezuela, Maduro—the now dictator—has tias—that Maduro has armed and Cornyn King Sullivan Cotton Lankford Thune nullified the legislative branch. He ba- trained with the help of Cuban intel- Crapo Lee Tillis sically refuses to recognize the laws ligence have spun completely out of Cruz McCain Toomey they have passed and has stopped al- control. Daines McConnell Wicker lowing transfers. So, basically, today, These groups are going around ran- Enzi Moran Young those in the National Assembly in Ven- domly beating people up, setting up NAYS—42 ezuela are not getting paid. They have roadblocks, and committing all sorts of Baldwin Harris Peters no funds for offices, and they have no acts of violence. They are not uni- Blumenthal Hassan Reed funds for material. They will pass a formed. These are collectives, as they Booker Heinrich Sanders Brown Hirono Schatz law, and those laws are ignored. That call them—basically, these armed mili- Cantwell Kaine Schumer is the ongoing crisis. tias—outside of the government who Cardin Klobuchar Shaheen The second part of it is that, under are funded, created by Maduro and who Casey Leahy Stabenow their Constitution, Venezuela’s Con- have now begun to spin out of control, Cortez Masto Manchin Tester Donnelly Markey Udall stitution, if you had collected a certain even to the point at which they, them- Duckworth McCaskill Van Hollen number of signatures by December of selves, I believe, are potentially threat- Durbin Menendez Warner this year, by the end of the year, they ened by these groups who, in addition Feinstein Merkley Warren Franken Murphy Whitehouse had to hold a referendum on the Presi- to funding themselves through the gov- Gillibrand Murray Wyden dent, a recall referendum. They refused ernment, have found other ways to fund themselves through illicit means, NOT VOTING—1 to certify the signatures even though the people who collected them turned including through street crime. Isakson in four times as many signatures as This situation is reaching a breaking The nomination was confirmed. were necessary. point, and I think it is an important The PRESIDING OFFICER. Under The third is that they are supposed moment to remind the men and women the previous order, the motion to re- to have a Governor and legislative in uniform in the National Guard of consider is considered made and laid elections this year in Venezuela. Venezuela that their job is to protect upon the table, and the President will Maduro has canceled those, and there the people of Venezuela, not to oppress be immediately notified of the Senate’s is no telling, but it does not seem as them; that their job is to protect and action. though they are going to have a Presi- uphold the Constitution of that coun- The Senator from Florida. dential election either. try, not to cancel it out; to remind f Here is the bottom line: The strife in them that the men and women on the Venezuela that is going on today can other side of these protests are their LEGISLATIVE SESSION be solved by having an election of the families and their fellow Venezuelans. people of Venezuela, by basically fol- Now the time has come to tell the lowing their existing Constitution, but men and women in the Venezuelan MORNING BUSINESS that is not what they have allowed to Government—many who, perhaps, sym- Mr. RUBIO. Mr. President, I ask have happen. On the contrary, not only pathize with Hugo Chavez and Maduro unanimous consent that the Senate be are they not allowing these elections up to a point—that they do not want to in a period of morning business, with to happen, but anyone who protests go down with this ship, that they do Senators permitted to speak therein against them has been jailed; press has not want to wind up on the list of peo- for up to 10 minutes each. been kicked out of the country; CNN ple who have participated in this The PRESIDING OFFICER. Without has been kicked out of Venezuela, as an crackdown and in this oppression. objection, it is so ordered. example. Now we are seeing reports of I hope that my colleagues here will The Senator from Florida. there being escalating violence in the continue to work hard. I am encour- f streets, and it is extraordinary. What aged by the amount of bipartisan sup- is interesting, though, is that fissures port that we have begun to create on VENEZUELA are beginning to develop. the issue of Venezuela. I know my col- Mr. RUBIO. Mr. President, I rise to The message we send here today— league, Senator CARDIN, and I have speak briefly this afternoon on the on- first of all, to those who are in the worked out bipartisan legislation that going crisis in Venezuela. There is a streets who are fighting for democracy urges the Maduro regime to release all growing interest in the matter here and for following the law and having of its political prisoners and express among my colleagues in the Senate and elections in Venezuela—is that we support for a solution to the crisis. I the White House and other places—cer- stand with you. We will never let your urge all of my colleagues to join me in tainly, in the press—and thankfully so. cause fall, and we will never accept cosigning this bipartisan legislation. This has been going on now for a sig- these ridiculous moves that Maduro is We also support the administration’s nificant period of time. now taking to rewrite the Constitu- efforts at the OAS to continue to work

VerDate Sep 11 2014 01:08 May 10, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\A09MY6.013 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE S2844 CONGRESSIONAL RECORD — SENATE May 9, 2017 with regional governments in Argen- ADDITIONAL STATEMENTS children. Although he lived in other Mon- tina, Colombia, Mexico, Peru, Chile, tana towns for 80 years of his life, he be- Brazil, and others who have taken heed lieved, along with his brother Joe, that ‘‘if of this issue and have played an ex- RECOGNIZING URBANDALE, IOWA you’re not in Butte, you’re camping out.’’ He was educated at Catholic schools in Butte, traordinary leadership role in raising ∑ Mrs. ERNST. Mr. President, I wish to attended the Montana School of Mines (now this in international forums. recognize the city of Urbandale, IA, Montana Tech) and then the University of Beyond that, I encourage the admin- which was founded 100 years ago. Montana School of Law. He obtained his law istration to continue to look for names The city of Urbandale was incor- degree in 1943 and went to work in Helena for to sanction. They have the authority porated on April 16, 1917. Early deni- insurance commissioner J.D. Holmes. zens worked primarily in local coal Skeff married Rita Ann Schiltz in 1945, and under the law—passed not once but only death would part them. In 1947, they twice by this Congress—that allows mines, many of which closed by the moved to Billings, Rita’s hometown. Skeff them to identify specific individuals late 1940s. Urbandale was also a so- began a 30-year law practice with his broth- within the Venezuelan Government called street car suburb, where resi- er-in-law and great friend, Jack Schiltz. who are stealing the money of the Ven- dents could commute to their jobs in They tried all manner of cases and rep- ezuelan people and committing gro- the city—Des Moines—via a street car resented all sorts of clients. They also had a tesque human rights violations and on the Urbandale Line until they were lot of fun. Schiltz and Sheehy were respon- sible for most of the skits, songs and fri- have real estate and other personal replaced by buses in the early 1950s. Over the years, the community saw volity at the Billings Bar meetings for dec- property and cash deposits and bank ades. Over time, Schiltz and Sheehy joined accounts around the world from what homes go up, restaurants and business others in the practice, including George Hut- they have illicitly stolen from the peo- flourish, and people from all corners of ton, R.G. Wiggenhorn, and Brent Cromley. ple of Venezuela. the world pass through, from Presi- Skeff’s professional accomplishments were dential candidates to Pope John Paul recognized by the State Bar of Montana in Here is my closing point: Maduro’s II, who held mass at Living History 2005 with the Jameson Award and by the government is now relying on credit Farms in 1979. Urbandale is one of Montana Trial Lawyers Association in 2016 from all parts of the world in order to those quintessential Iowa towns where with its first lifetime achievement award. continue to sustain itself. Between 1959 and 1970, Skeff served in both you would want to raise a family. houses of the state legislature. He was the To any private investment banks and Though the community had only 298 first Democrat to break the ‘‘straight eight’’ any of these large global banks that residents in the 1920s, today over 40,000 Republican legislative block in Yellowstone are thinking about lending money to people call Urbandale home. County during those decades of county-wide Venezuela, you are abetting this re- I would like to congratulate the city ballots. In 1978, Gov. Tom Judge appointed gime and its repression, and you will be of Urbandale on their centennial year, Sheehy to the Montana Supreme Court. He singled out and named if you partici- and I ask that my colleagues in the was elected to his seat twice before retiring pate in continuing to lend them money U.S. Senate join me in congratulating in 1991. Justice Sheehy was the author of the decision rejecting the challenge to Mon- to fund this. them and wishing them another pros- ∑ tana’s coal severance tax. The United States To the Russian Government, I say perous century. Supreme Court upheld his decision. Through- that you are not going to get your f out his tenure on the court, Sheehy was known as a champion of the powerless who money back. These guys cannot pay 100TH ANNIVERSARY OF you back. recognized the role the constitutions of his MCCORMICK COUNTY state and nation played in ensuring that the It is the same for the Chinese Gov- ∑ Mr. GRAHAM. Mr. President, No- least among us was accorded the same rights ernment. vember 2016 marked the 100th anniver- and privileges as those more fortunate. sary of the founding of McCormick After his death, clients he represented and If you continue to lend money to the lawyers he influenced made sure his family Maduro regime, they will not be able to County, the smallest and second knew about his quiet influence. The child of pay you back, and you are going to be youngest county in South Carolina. one client, whom he represented without embarrassed. Known as the Gem of the Freshwater compensation, told the family how much it Coast, McCormick’s rich history dates meant to their family just to have a man The Chinese Government is going to back to before our Nation’s founding. like Sheehy at their side in a dispute with be embarrassed if it continues to loan The first overt act of the American the Internal Revenue Service. ‘‘It wasn’t a money to Venezuela. Revolution in South Carolina occurred fairy tale ending,’’ she noted. ‘‘We still had They cannot and will never pay you in McCormick County, at Fort Char- to pay something. But we had our dignity back. back. And from that time forward, your fa- lotte near Mount Carmel on July 12, ther’s name was spoken in our house with a The Russians cannot afford to con- 1775. McCormick continued to grow reverence otherwise reserved for God.’’ tinue to lend money to a government after the discovery of gold in 1850 and The family also heard from judges and law- that will not pay them back either. the expansion of the railroad. Today yers throughout the state, echoing common McCormick is known for its ‘‘Natural themes: I urge them to look at that very Pace of Life,’’ with ample outdoor ‘‘Your dad was the number one hero and in- carefully before they continue to em- spiration in the law to me.’’ recreation opportunities and hospitable barrass themselves by lending out their ‘‘Your dad set the standard for what a su- citizens. people’s money that they will never get preme court justice should be. He cared On behalf of South Carolina and all back. about people, he cared about fundamental of us here in the Senate, I offer con- rights, and he was a master of the language.’’ This is an important issue. It is in gratulations to the entire McCormick ‘‘Your dad was a great mentor. He had a our own hemisphere, and the answer County community on reaching this way of teaching without preaching. And he lies one election away. If only the milestone. Best wishes for continued made the work fun. He always lightened the Maduro regime would follow its laws ∑ occasion with a song or a poem. We all loved success and prosperity. him so.’’ A devoted Catholic, Sheehy at- and its Constitution, Venezuela would f tended Mass every morning and said the ro- be on a better path that its people REMEMBERING JOHN C. ‘‘SKEFF’’ sary every night. His faith guided him would choose. The alternative to this through the Great Depression, a near-fatal situation will continue to spiral out of SHEEHY car wreck in 1936, Montana politics in the 60s control. ∑ Mr. TESTER. Mr. President, today I and 70s, an armed assailant in his Supreme Court office in 1984, the death of his beloved We in this Chamber and in this coun- wish to honor Justice John C. Sheehy, whose life was a Montana story, eulo- Rita in 2012, and everything in between. try will continue to be on the side of Skeff and Rita raised eleven children long the men and women who seek nothing gized with these words from his family before ‘‘parent’’ was a verb. In those days but democracy and seek nothing but The material follows: without cell phones and texts, Dad commu- peace and reconciliation and a way for- John C. ‘‘Skeff’’ Sheehy, 99, lawyer, jurist, nicated with full voice, songs, prayer, jokes, ward for this nation, which has a deep and family patriarch, died Friday, April 7, and sometimes long silences. He imparted history of democratic order. 2017, at his home in Helena. much wisdom, ranging from ‘‘Trust every- Skeff was born Jan. 27, 1918, to Cornelius one, but cut the cards,’’ to ‘‘you’d starve to Mr. President, I yield the floor. and Anna Sheehy in Butte, the first of seven death with a ham on your back.’’ He rarely

VerDate Sep 11 2014 01:08 May 10, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\G09MY6.034 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE May 9, 2017 CONGRESSIONAL RECORD — SENATE S2845 said good-bye, preferring ‘‘tap ’er light’’ or and revise its boundary, and for other pur- 2013, $250.00, #2137 Gustafson for Iowa House; ‘‘don’t go with the old feeling.’’ poses (Rept. No. 115–50). 11/6/2013, $500.00, #1654 Garrett for Statehouse Engagement was Skeff’s distinguishing By Ms. MURKOWSKI, from the Committee Committee; 10/29/2013, $500.00, #9167 Scott characteristic. His children’s greatest fan, he on Energy and Natural Resources, without County Republican Central Committee; 7/13/ drove all over Montana to their events. amendment: 2013, $250.00, #5123 Northey for Iowa Agri- Though he liked to quote J.D. Holmes that H.R. 560. A bill to amend the Delaware culture; 6/13/2013, $250.00, #5154 Mosiman for ‘‘Human beings are a lousy arrangement,’’ he Water Gap National Recreation Area Im- State Auditor; 6/5/2013, $250.00, #5137 Friends loved human arrangements: parades, games, provement Act to provide access to certain of Matt Schultz; 1/17/2013, $100.00, #9015 Boone weddings, and funerals. In the last years of vehicles serving residents of municipalities County Republican Central Committee; 12/6/ his life, he and Rita and assorted family and adjacent to the Delaware Water Gap Na- 2012, $100.00, #2107 Schneider for State Sen- friends ate dinner at the Motherlode every tional Recreation Area, and for other pur- ate; 5/25/2012, $100.00, #2048 Schweers for Sen- Tuesday, and Friday noons were reserved for poses (Rept. No. 115–51). ate; 5/18/2012, $100.00, #1654 Garrett for State- lunch at Benny’s Bistro. He liked the bustle S. 225. A bill to amend the Omnibus Public house Committee; 4/17/2012, $100.00, #2048 of people. At home, he read and watched the Land Management Act of 2009 to modify pro- Schweers for Senate; 3/10/2012, $50.00, #18851 news every day and night; he did the cross- visions relating to certain land exchanges in Lampe for Sheriff; 3/10/2012, $100.00, #18801 word and sudoku; and he didn’t often miss the Mt. Hood Wilderness in the State of Or- Chet Hollingshead for Supervisor; 3/10/2012, Jeopardy. He was engaged in the world to his egon (Rept. No. 115–52). $40.00, #9015 Boone County Republican Cen- last day on earth. S. 285. A bill to ensure adequate use and tral Committee; 1/25/2012, $100.00, #9015 Boone Sheehy was preceded in death by his wife access to the existing Bolts Ditch headgate County Republican Central Committee; 07/11/ Rita; brothers Tom, Edmund, Joseph, and and ditch segment within the Holy Cross 14, $500.00, Blum, Rodney VIA Blum for Con- Jim Sheehy; by his sister Margaret, known Wilderness in Eagle County, Colorado, and gress; 03/31/12, $2,500.00, King, Steve Mr. VIA as Sister Serena Sheehy, SLC; and by his for other purposes (Rept. No. 115–53). King for Congress; 06/13/12, $240.00, King, granddaughter Rita Mary. He is survived by S. 289. A bill to adjust the boundary of the Steve Mr. VIA King for Congress; 07/16/14, his 11 children, Anne (Peter) Yegen of Park Arapaho National Forest, Colorado, and for $500.00, Young, David VIA Young for Iowa, City, Tom Sheehy of Helena; Mary (Duane) other purposes (Rept. No. 115–54). Inc.; 06/30/15, $500.00, Ernst, Joni K VIA Joni Moe of Great Falls, Patrick (Debbie) Sheehy S. 617. A bill to amend the Wild and Scenic for Iowa; 10/03/16, $1,000.00, Trump, Donald J of Billings, Kate (Dirk) Whitney of Helena, Rivers Act to designate certain segments of VIA Trump for President, Inc. Eileen Sheehy (Bob Maxson) of Billings, Ro- the Farmington River and Salmon Brook in 2. Spouse: Christine Branstad: 7/11/2016, $100.00, #40009 Kim Reynolds for Lieutenant salie (David) Cates of Missoula, Margaret the State of Connecticut as components of Governor; 12/6/2012, $100.00, #2107 Schneider Sheehy (Ralph Johnson) of Albany, NY, the National Wild and Scenic Rivers System, Jenifer Sheehy of Billings, Martha Sheehy for State Senate. and for other purposes (Rept. No. 115–55). (Note: Both were joint with Governor (Sid Thomas) of Billings and John Sheehy H.R. 618. A bill to authorize, direct, expe- (Jill Golden) of Marlboro, VT. His lone sur- Branstad) dite, and facilitate a land exchange in El 3. Children and Spouses: Eric David viving sibling, Sister Eileen Sheehy, SLC, Paso and Teller Counties, Colorado, and for Branstad: 6/28/2015, $50.00, #14089 John lives in Grand Junction, CO. He is also sur- other purposes (Rept. No. 115–56). Mickelson for City Council; 10/9/2014, $10.00, vived by 19 grandchildren, nine great-grand- H.R. 688. A bill to adjust the boundary of #5140 Governor Branstad Committee; 8/21/ children, and many treasured nieces and the Arapaho National Forest, Colorado, and 2014, $100.00, #5165 Iowans for Sam Clovis; 7/ nephews, their spouses and their children.∑ for other purposes (Rept. No. 115–57). 14/2014, $50.00, #5158 Pate for Iowa; 6/29/2014, f H.R. 689. A bill to insure adequate use and $50.00, #14089 John Mickelson for City Coun- access to the existing Bolts Ditch headgate REPORTS OF COMMITTEES cil; 11/22/2013, $50.00, #1711 Cownie for State- and ditch segment within the Holy Cross house; 5/22/2013, $150.00, #9156 Polk County The following reports of committees Wilderness in Eagle County, Colorado, and Republican Central Committee; 10/22/2012, were submitted: for other purposes (Rept. No. 115–58). $8.00, #9640 Winnebago County Republican By Ms. MURKOWSKI, from the Committee H.R. 699. A bill to amend the Omnibus Pub- Women; 4/11/2012, $135.00, #18491 The Com- on Energy and Natural Resources, without lic Land Management Act of 2009 to modify mittee to Elect Chad Airhart; 10/01/15, $250.00, amendment: provisions relating to certain land exchanges Growth Energy PAC. Eric David Branstad S. 280. A bill to authorize, direct, expedite, in the Mt. Hood Wilderness in the State of and Adrienne Branstad (joint): 8/8/2015, $50.00, and facilitate a land exchange in El Paso and Oregon (Rept. No. 115–59). #14287 Friends of Eric Johansen; 9/30/2014, Teller Counties, Colorado, and for other pur- f $25.00, #14093 Committee to Elect Michael poses (Rept. No. 115–45). McCoy. Marcus Andrew Branstad: 8/11/2015, By Ms. MURKOWSKI, from the Committee EXECUTIVE REPORTS OF $100.00, #14287 Friends of Eric Johansen; 7/3/ on Energy and Natural Resources, with an COMMITTEE 2014, $100.00, #5163 Adam Gregg for Iowa; 6/23/ amendment in the nature of a substitute: 2014, $25.00, #5158 Pate for Iowa; 06/10/16, S. 644. A bill to authorize the Secretary of The following executive reports of $21.00, American Chemistry Council PAC; 06/ the Interior to conduct a special resource nominations were submitted: 24/16, $21.00, American Chemistry Council study of the Medgar Evers House, located in By Mr. CORKER for the Committee on PAC; 07/08/16, $21.00, American Chemistry Jackson, Mississippi, and for other purposes Foreign Relations. Council PAC; 07/22/16, $21.00, American Chem- (Rept. No. 115–46). *Terry Branstad, of Iowa, to be Ambas- istry Council PAC; 08/05/16, $21.00, American By Ms. MURKOWSKI, from the Committee sador Extraordinary and Plenipotentiary of Chemistry Council PAC; 08/19/16, $21.00, on Energy and Natural Resources, without the United States of America to the People’s American Chemistry Council PAC; 09/02/16, amendment: Republic of China. $21.00, American Chemistry Council PAC; 09/ S. 729. A bill to authorize the Secretary of Nominee: Terry E. Branstad. 16/16, $21.00, American Chemistry Council the Interior to acquire approximately 44 Post: Beijing, People’s Republic of China. PAC; 10/14/16, $21.00, American Chemistry acres of land in Martinez, California, for in- (The following is a list of all members of Council PAC; 05/15/15, $21.00, American Chem- clusion in the John Muir National Historic my immediate family and their spouses. I istry Council PAC; 06/12/15, $21.00, American Site, and for other purposes (Rept. No. 115– have asked each of these persons to inform Chemistry Council PAC; 06/26/15, $21.00, 47). me of the pertinent contributions made by American Chemistry Council PAC; 07/10/15, By Ms. MURKOWSKI, from the Committee them. To the best of my knowledge, the in- $21.00, American Chemistry Council PAC; 07/ on Energy and Natural Resources, with an formation contained in this report is com- 24/15, $21.00, American Chemistry Council amendment in the nature of a substitute: H.R. 88. A bill to modify the boundary of plete and accurate.) PAC; 08/07/15, $21.00, American Chemistry the Shiloh National Military Park located in Contributions, date, amount, donee: Council PAC; 08/21/15, $21.00, American Chem- Tennessee and Mississippi, to establish Park- 1. Self: 7/11/2016, $100.00, #40009 Kim Rey- istry Council PAC; 09/04/15, $21.00, American er’s Crossroads Battlefield as an affiliated nolds for Lieutenant Governor; 6/30/2016, Chemistry Council PAC; 09/18/15, $21.00, area of the National Park System, and for $100.00, #2330 David Kerr State House; 2/17/ American Chemistry Council PAC; 10/02/15, other purposes (Rept. No. 115–48). 2016, $100.00, #9015 Boone County Republican $21.00, American Chemistry Council PAC; 10/ By Ms. MURKOWSKI, from the Committee Central Committee; 9/3/2015, $100.00, #2232 16/15, $21.00, American Chemistry Council on Energy and Natural Resources, without Rene Gadelha for Iowa Senate, #6234 Iowa PAC; 11/13/15, $21.00, American Chemistry amendment: Farm Bureau Federation Political Action; 7/ Council PAC; 11/27/15, $21.00, American Chem- H.R. 267. A bill to redesignate the Martin 13/2015, $50.00, Committee; 2/2/2015, $100.00, istry Council PAC; 12/11/15, $21.00, American Luther King, Junior, National Historic Site #9015 Boone County Republican Central Chemistry Council PAC; 12/24/15, $21.00, in the State of Georgia, and for other pur- Committee; 7/11/2014, $500.00, #5165 Iowans for American Chemistry Council PAC; 10/28/16, poses (Rept. No. 115–49). Sam Clovis; 7/11/2014, $500.00, #5163 Adam $21.00, American Chemistry Council PAC; 11/ By Ms. MURKOWSKI, from the Committee Gregg for lowa; 6/25/2014, $500.00, #5158 Pate 11/16, $21.00, American Chemistry Council on Energy and Natural Resources, with an for Iowa; 5/21/2014, $30.00, #9158 PAC; 11/25/16, $21.00, American Chemistry amendment in the nature of a substitute: Pottawattamie County Republican Central Council PAC; 12/09/16, $21.00, American Chem- H.R. 538. A bill to redesignate Ocmulgee Committee; 1/16/2014, $100.00, #9015 Boone istry Council PAC; 12/23/16, $21.00, American National Monument in the State of Georgia County Republican Central Committee; 12/3/ Chemistry Council PAC; 05/27/16, $21.00,

VerDate Sep 11 2014 02:16 May 10, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\A09MY6.020 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE S2846 CONGRESSIONAL RECORD — SENATE May 9, 2017 American Chemistry Council PAC. Nicole Calendar that these nominations lie at PETERS, Mr. REED, Ms. STABENOW, Branstad (married to Marcus Branstad)—not the Secretary’s desk for the informa- and Mr. WHITEHOUSE): applicable. Allison (Branstad) Costa and tion of Senators. S. 1076. A bill to amend the Employee Re- tirement Income Security Act of 1974 and the Jerry Costa—not applicable. The PRESIDING OFFICER. Without 4. Parents: Edward Branstad (father)—de- Internal Revenue Code of 1986 to modify cer- ceased; Rita Branstad (mother)—deceased; objection, it is so ordered. tain provisions relating to multiemployer Enolia Branstad (stepmother)—not applica- *Foreign Service nomination of Alexander pensions, and for other purposes; to the Com- ble. Dickie IV. mittee on Finance. 5. Grandparents: Helmer Branstad—de- *Foreign Service nominations beginning By Mr. MANCHIN: ceased; Hazel Branstad—deceased; Louis Gar- with Joel Justin Agalsoff and ending with S. 1077. A bill to direct the Secretary of land—deceased; Gertrude Garland—deceased. Iva Ziza, which nominations were received Health and Human Services to amend the 6. Brothers and Spouses: Monroe Branstad: by the Senate and appeared in the Congres- mission statement of the Food and Drug Ad- 5/11/2016, $250.00, #19430 Hepperly for Sheriff. sional Record on April 25, 2017. ministration; to the Committee on Health, 7. Sisters and Spouses: not applicable. *Foreign Service nominations beginning Education, Labor, and Pensions. * Todd Philip Haskell, of Florida, a Career with Edward Francis Acevedo and ending By Mr. MANCHIN (for himself, Mrs. Member of the Senior Foreign Service, Class with Benjamin D. Zinner, which nominations CAPITO, Mrs. MCCASKILL, and Mr. of Counselor, to be Ambassador Extraor- were received by the Senate and appeared in KING): dinary and Plenipotentiary of the United the Congressional Record on April 25, 2017. S. 1078. A bill to establish procedures re- States of America to the Republic of the (minus 1 nominee: Kenneth W. MacLean) garding the approval of opioid drugs by the Congo. *Foreign Service nominations beginning Food and Drug Administration; to the Com- Nominee: Todd Philip Haskell. with Jim Nelson Barnhart, Jr. and ending mittee on Health, Education, Labor, and Post: Republic of the Congo. with Anne N. Williams, which nominations Pensions. (The following is a list of all members of were received by the Senate and appeared in By Mr. MANCHIN: my immediate family and their spouses. I the Congressional Record on April 25, 2017. S. 1079. A bill to require the Food and Drug have asked each of these persons to inform (minus 1 nominee: Tanya S. Urquieta) Administration to revoke the approval of me of the pertinent contributions made by *Foreign Service nominations beginning one opioid pain medication for each new them. To the best of my knowledge, the in- with Jeffery S. Austin and ending with Jef- opioid pain medication approved; to the formation contained in this report is com- frey G. Willnow, which nominations were re- Committee on Health, Education, Labor, and plete and accurate.) ceived by the Senate and appeared in the Pensions. Contributions, amount, date, and donee: Congressional Record on April 25, 2017. By Mrs. MCCASKILL (for herself, Mr. 1. Todd Haskell: none. (minus 1 nominee: David A. Ashford) BLUNT, Mr. DURBIN, and Ms. 2. Jennifer Conn Haskell: $50, 6/2012, DNCC. DUCKWORTH): 3. Michael Jonathan Conn Haskell (son): *Nomination was reported with rec- S. 1080. A bill to amend the Internal Rev- $50, 2/2016, Hillary Clinton. ommendation that it be confirmed sub- enue Code of 1986 to protect employees in the 4. Jonah Alexander Conn Haskell (son): ject to the nominee’s commitment to building and construction industry who are none. respond to requests to appear and tes- participants in multiemployer plans, and for 5. Seth Thomas Conn Haskell (son): none. tify before any duly constituted com- other purposes; to the Committee on Fi- 6. Walter Haskell (father, deceased); Gloria mittee of the Senate. nance. Haskell (mother, deceased). f 7. Grandparents: Edward Smoller (de- f SUBMISSION OF CONCURRENT AND ceased); Henrietta Smoller (deceased); David INTRODUCTION OF BILLS AND Haskell (deceased); Elsie Haskell (deceased). SENATE RESOLUTIONS JOINT RESOLUTIONS 8. Brothers and Spouses: Marc Haskell (de- The following concurrent resolutions ceased); Walter Haskell (deceased). The following bills and joint resolu- 9. Sisters and Spouses: Jackie Grando (de- and Senate resolutions were read, and tions were introduced, read the first referred (or acted upon), as indicated: ceased). and second times by unanimous con- * Tulinabo Salama Mushingi, of Virginia, a By Mr. NELSON (for himself and Mr. sent, and referred as indicated: Career Member of the Senior Foreign Serv- CORNYN): ice, Class of Counselor, to be Ambassador Ex- By Mr. FLAKE (for himself and Mrs. S. Res. 160. A resolution honoring the serv- traordinary and Plenipotentiary of the MCCASKILL): ice to United States Armed Forces provided United States of America to the Republic of S. 1071. A bill to require the evaluation and by military working dogs and contract work- Senegal, and to serve concurrently and with- consolidation of duplicative green building ing dogs, also known as ‘‘war dogs’’; to the out additional compensation as Ambassador programs within the Department of Energy; Committee on Armed Services. Extraordinary and Plenipotentiary of the to the Committee on Energy and Natural Re- f United States of America to the Republic of sources. Guinea-Bissau. By Mr. BURR (for himself, Ms. HIRONO, ADDITIONAL COSPONSORS ESTER ANCHIN Nominee: Tulinabo Mushingi. Mr. T , and Mr. M ): S. 324 S. 1072. A bill to amend title 38, United Post: Senegal and Guinea-Bissau. At the request of Mr. HATCH, the (The following is a list of all members of States Code, to improve the provision of my immediate family and their spouses. I services for homeless veterans, and for other name of the Senator from Maryland have asked each of these persons to inform purposes; to the Committee on Veterans’ Af- (Mr. CARDIN) was added as a cosponsor me of the pertinent contributions made by fairs. of S. 324, a bill to amend title 38, them. To the best of my knowledge, the in- By Mr. RUBIO: United States Code, to improve the formation contained in this report is com- S. 1073. A bill to authorize Escambia Coun- provision of adult day health care serv- plete and accurate.) ty, Florida, to convey certain property that ices for veterans. was formerly part of Santa Rosa Island Na- Contributions, date, amount, and donee: S. 422 1. Self: None. tional Monument and that was conveyed to 2. Spouse: Rebecca Mushingi: 2016, $200.00, Escambia County subject to restrictions on At the request of Mrs. GILLIBRAND, Hillary Victory Fund; 2015, $100.00, Hillary use and reconveyance; to the Committee on the name of the Senator from Illinois for America. Energy and Natural Resources. (Ms. DUCKWORTH) was added as a co- 3. Children and Spouses: Furaha Mushingi, By Mr. PORTMAN (for himself and Mr. sponsor of S. 422, a bill to amend title none. BENNET): 38, United States Code, to clarify pre- 4. Parents: Bahiga & Namazi F. Mushingi— S. 1074. A bill to amend the Internal Rev- sumptions relating to the exposure of deceased. enue Code of 1986 to provide uniform stand- certain veterans who served in the vi- 5. Grandparents: Bahiga & Mwandafunga— ards for the use of electronic signatures for cinity of the Republic of Vietnam, and deceased. third-party disclosure authorizations; to the 6. Brothers and Spouses: None ever visited/ Committee on Finance. for other purposes. lived in the USA. By Mrs. CAPITO (for herself, Mr. S. 447 7. Sisters and Spouses: None ever visited/ MANCHIN, and Mr. PORTMAN): At the request of Mr. RUBIO, the lived in the USA. S. 1075. A bill to direct the Secretary of name of the Senator from South Caro- Mr. CORKER. Mr. President, for the Energy and the Secretary of Commerce to lina (Mr. SCOTT) was added as a cospon- Committee on Foreign Relations I re- conduct a study of the feasibility of estab- sor of S. 447, a bill to require reporting port favorably the following nomina- lishing an ethane storage and distribution on acts of certain foreign countries on hub in the United States; to the Committee tion lists which were printed in the on Energy and Natural Resources. Holocaust era assets and related issues. RECORDs on the dates indicated, and By Mr. SANDERS (for himself, Ms. S. 473 ask unanimous consent, to save the ex- BALDWIN, Mr. BROWN, Mr. FRANKEN, At the request of Mr. TESTER, the pense of reprinting on the Executive Ms. KLOBUCHAR, Mrs. MCCASKILL, Mr. name of the Senator from Wisconsin

VerDate Sep 11 2014 02:16 May 10, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\A09MY6.017 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE May 9, 2017 CONGRESSIONAL RECORD — SENATE S2847 (Ms. BALDWIN) was added as a cospon- Heart awarded to a member of the from Hawaii (Mr. SCHATZ) were added sor of S. 473, a bill the amend title 38, Armed Forces. as cosponsors of S. 1055, a bill to re- United States Code, to make qualifica- S. 838 strict the exportation of certain de- tion requirements for entitlement to At the request of Mr. COTTON, the fense articles to the Philippine Na- Post-9/11 Education Assistance more name of the Senator from Louisiana tional Police, to work with the Phil- equitable, to improve support of vet- (Mr. KENNEDY) was added as a cospon- ippines to support civil society and a erans receiving such educational as- sor of S. 838, a bill to amend the Truth public health approach to substance sistance, and for other purposes. in Lending Act to include retrofit loans abuse, to report on Chinese and other S. 540 such as property assessed clean energy sources of narcotics to the Republic of At the request of Mr. THUNE, the loans, and for other purposes. the Philippines, and for other purposes. names of the Senator from Kansas (Mr. S. 916 S. RES. 109 MORAN) and the Senator from Rhode Is- At the request of Mr. CASSIDY, the At the request of Mr. COONS, the land (Mr. WHITEHOUSE) were added as name of the Senator from Arkansas name of the Senator from Wisconsin cosponsors of S. 540, a bill to limit the (Mr. BOOZMAN) was added as a cospon- (Ms. BALDWIN) was added as a cospon- authority of States to tax certain in- sor of S. 916, a bill to amend the Con- sor of S. Res. 109, a resolution encour- come of employees for employment du- trolled Substances Act with regard to aging the Government of Pakistan to ties performed in other States. the provision of emergency medical release Aasiya Noreen, internationally S. 569 services. known as Asia Bibi, and reform its reli- At the request of Ms. CANTWELL, the S. 926 giously intolerant laws regarding blas- name of the Senator from California At the request of Mrs. ERNST, the phemy. (Ms. HARRIS) was added as a cosponsor name of the Senator from Illinois (Ms. S. RES. 139 of S. 569, a bill to amend title 54, DUCKWORTH) was added as a cosponsor At the request of Mr. WYDEN, the United States Code, to provide con- of S. 926, a bill to authorize the Global name of the Senator from Alaska (Ms. sistent and reliable authority for, and War on Terror Memorial Foundation to MURKOWSKI) was added as a cosponsor for the funding of, the Land and Water establish the National Global War on of S. Res. 139, a resolution condemning Conservation Fund to maximize the ef- Terrorism Memorial as a commemora- the Government of Iran’s state-spon- fectiveness of the Fund for future gen- tive work in the District of Columbia, sored persecution of its Baha’i minor- erations, and for other purposes. and for other purposes. ity and its continued violation of the S. 654 S. 976 International Covenants on Human At the request of Mr. TOOMEY, the At the request of Mr. ENZI, the name Rights. name of the Senator from Vermont of the Senator from Wisconsin (Ms. S. RES. 155 (Mr. SANDERS) was added as a cospon- BALDWIN) was added as a cosponsor of At the request of Mr. CARDIN, the sor of S. 654, a bill to revise section 48 S. 976, a bill to restore States’ sov- names of the Senator from Rhode Is- of title 18, United States Code, and for ereign rights to enforce State and local land (Mr. REED), the Senator from other purposes. sales and use tax laws, and for other Rhode Island (Mr. WHITEHOUSE), the S. 656 purposes. Senator from Colorado (Mr. BENNET), At the request of Mr. COTTON, the S. 978 the Senator from California (Mrs. FEIN- name of the Senator from Georgia (Mr. At the request of Mrs. MURRAY, the STEIN), the Senator from Minnesota PERDUE) was added as a cosponsor of S. name of the Senator from Minnesota (Mr. FRANKEN) and the Senator from 656, a bill to help individuals receiving (Ms. KLOBUCHAR) was added as a co- Washington (Mrs. MURRAY) were added disability insurance benefits under sponsor of S. 978, a bill to direct the as cosponsors of S. Res. 155, a resolu- title II of the Social Security Act ob- Secretary of Education to establish an tion expressing the sense of the Senate tain rehabilitation services and return award program recognizing excellence that the United States should work in to the workforce, and for other pur- exhibited by public school system em- cooperation with the international poses. ployees providing services to students community and continue to exercise S. 712 in prekindergarten through higher edu- global leadership to address the causes and effects of climate change, and for At the request of Mr. BLUMENTHAL, cation. other purposes. the name of the Senator from New Jer- S. 985 sey (Mr. MENENDEZ) was added as a co- At the request of Mr. MARKEY, the f sponsor of S. 712, a bill to amend title name of the Senator from Michigan SUBMITTED RESOLUTIONS 38, United States Code, to reform the (Mr. PETERS) was added as a cosponsor rights and processes relating to appeals of S. 985, a bill to prohibit the Sec- of decisions regarding claims for bene- retary of the Interior from revising the SENATE RESOLUTION 160—HON- fits under the laws administered by the approved oil and gas leasing program ORING THE SERVICE TO UNITED Secretary of Veterans Affairs, and for for fiscal years 2017 through 2022. STATES ARMED FORCES PRO- other purposes. S. 992 VIDED BY MILITARY WORKING S. 720 At the request of Mr. MCCAIN, the DOGS AND CONTRACT WORKING At the request of Mr. CARDIN, the name of the Senator from Arkansas DOGS, ALSO KNOWN AS ‘‘WAR name of the Senator from New York (Mr. COTTON) was added as a cosponsor DOGS’’ of S. 992, a bill to direct the Secretary (Mrs. GILLIBRAND) was added as a co- Mr. NELSON (for himself and Mr. of Veterans Affairs to conduct an inde- sponsor of S. 720, a bill to amend the CORNYN) submitted the following reso- pendent review of the deaths of certain Export Administration Act of 1979 to lution; which was referred to the Com- veterans by suicide, and for other pur- include in the prohibitions on boycotts mittee on Armed Services: against allies of the United States boy- poses. S. RES. 160 cotts fostered by international govern- S. 1034 mental organizations against Israel Whereas March 13, 2017, marks the 75th an- At the request of Mrs. FEINSTEIN, the niversary of the establishment of the United and to direct the Export-Import Bank name of the Senator from New York States Army military working dog program, of the United States to oppose boycotts (Mrs. GILLIBRAND) was added as a co- which officially began on March 13, 1942; against Israel, and for other purposes. sponsor of S. 1034, a bill to improve ag- Whereas each military working dog (re- S. 765 ricultural job opportunities, benefits, ferred to in this preamble as a ‘‘war dog’’) At the request of Mr. PERDUE, the and security for aliens in the United and its handler is currently trained at the name of the Senator from West Vir- States, and for other purposes. 341st Training Squadron at Lackland Air Force Base, which is also home to the Mili- S. 1055 ginia (Mrs. CAPITO) was added as a co- tary Working Dog Teams National Monu- sponsor of S. 765, a bill to amend title At the request of Mr. CARDIN, the ment; 18, United States Code, to provide for names of the Senator from Massachu- Whereas war dogs have provided service to penalties for the sale of any Purple setts (Mr. MARKEY) and the Senator each branch of the United States Armed

VerDate Sep 11 2014 01:08 May 10, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\A09MY6.009 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE S2848 CONGRESSIONAL RECORD — SENATE May 9, 2017 Forces and in each conflict involving the COMMITTEE ON FOREIGN RELATIONS The senior assistant legislative clerk United States since and including the Revo- The Committee on Foreign Relations read as follows: lutionary War; is authorized to meet during the ses- CLOTURE MOTION Whereas war dogs are credited with saving sion of the Senate on Tuesday, May 9, countless lives, while alerting service mem- We, the undersigned Senators, in accord- bers to danger on patrol, detecting impro- 2017, at 10 a.m. ance with the provisions of rule XXII of the vised explosive devices, identifying weapons COMMITTEE ON FOREIGN RELATIONS Standing Rules of the Senate, do hereby caches, performing search and rescue, and The Committee on Foreign Relations move to bring to a close debate on the nomi- nation of Robert Lighthizer, of Florida, to be providing other specialized mission func- is authorized to meet during the ses- tions; United States Trade Representative, with sion of the Senate on Tuesday, May 9, the rank of Ambassador Extraordinary and Whereas in conflicts before and including 2017, at 10:15 a.m., to hold a hearing en- the Vietnam conflict, some war dogs were Plenipotentiary. left behind in conflict areas, but war dogs titled ‘‘Nominations.’’ Mitch McConnell, John Cornyn, Mike are no longer considered merely equipment COMMITTEE ON INTELLIGENCE Rounds, Orrin G. Hatch, Thom Tillis, and are now required to be retired in the The Senate Select Committee on In- Steve Daines, Mike Crapo, Pat Roberts, Thad Cochran, Luther Strange, John United States; telligence is authorized to meet during Whereas, in recognition of the unique bond Thune, Richard C. Shelby, John the session of the 115th Congress of the Hoeven, John Boozman, Rob Portman, between a war dog and its handler team, U.S. Senate on Tuesday, May 9, 2017 at handlers are given preference in adopting Jerry Moran, David Perdue. 2:30 p.m., in room SH–219 of the Senate their war dog teammate after the war dog’s Mr. MCCONNELL. Mr. President, I retirement; Hart Office Building. ask unanimous consent that the man- Whereas the service of war dogs has been SUBCOMMITTEE ON SURFACE TRANSPORTATION datory quorum call with respect to the recognized by senior military leaders, who AND MERCHANT MARINE INFRASTRUCTURE, cloture motion be waived. have stated that the capability of war dogs SAFETY AND SECURITY The PRESIDING OFFICER. Without in combat cannot be replicated by humans or The Committee on Commerce, objection, it is so ordered. machines and by any measure of perform- Science, and Transportation is author- ORDERS FOR WEDNESDAY, MAY 10, 2017 ance, war dogs outperform any other asset in ized to hold a meeting during the ses- the inventory of the United States Armed Mr. MCCONNELL. Mr. President, I sion of the Senate on Tuesday, May 9, Forces; and ask unanimous consent that when the 2017, at 2:30 p.m. in room 253 of the Rus- Whereas numerous war dogs have given Senate completes its business today, it sell Senate Office Building. their lives in service to the United States adjourn until 9:30 a.m., Wednesday, Armed Forces, both in active conflict and in The Committee will hold Sub- May 10; further, that following the retirement, while providing companionship committee Hearing on ‘‘Maritime prayer and pledge, the morning hour be and comfort to veterans and wounded war- Transportation: Opportunities and deemed expired, the Journal of pro- riors: Now, therefore, be it Challenges for the Maritime Adminis- Resolved, That on the occasion of the 75th ceedings be approved to date, and the tration and Federal Maritime Commis- anniversary of the establishment of the time for the two leaders be reserved for sion.’’ United States Army military working dog their use later in the day; finally, that program, the Senate— COMMITTEE ON ENVIRONMENT AND PUBLIC following leader remarks, the Senate WORKS SUBCOMMITTEE ON TRANSPORTATION (1) recognizes the service that military be in a period of morning business, working dogs and contract working dogs (re- AND INFRASTRUCTURE with Senators permitted to speak ferred to in this resolution as ‘‘war dogs’’) The Subcommittee on Transpor- therein for up to 10 minutes each. have provided to the United States Armed tation and Infrastructure of the Com- The PRESIDING OFFICER. Without Forces; mittee on Environment and Public (2) acknowledges that not all war dogs objection, it is so ordered. Works is authorized to meet during the were given due recognition by being allowed PROGRAM to honorably retire from their service in the session of the Senate on Tuesday, May Mr. MCCONNELL. Mr. President, for United States; 9, 2017, at 2:30 p.m., in Room 406 of the (3) assures the members of the United Dirksen Senate office building, to con- the information of all Senators, we ex- States Armed Forces that war dogs will con- duct a hearing entitled, ‘‘Water Re- pect to have a rollcall vote on the mo- tinue to be treated with the deference com- sources: The Role of the Public and tion to proceed to H.J. Res. 36, the mensurate with their service and rank; and Private Sectors.’’ methane CRA resolution of dis- (4) honors the sacrifices made by war dogs The PRESIDING OFFICER. The ma- approval, at approximately 10 a.m. to- in combat and the services war dogs provide jority leader. morrow morning. in retirement to members of the United ORDER FOR ADJOURNMENT States Armed Forces. f Mr. MCCONNELL. Mr. President, if f EXECUTIVE SESSION there is no further business to come be- AUTHORITY FOR COMMITTEES TO fore the Senate, I ask unanimous con- MEET sent that it stand adjourned under the EXECUTIVE CALENDAR previous order, following the remarks Mr. MCCONNELL. Mr. President, I Mr. MCCONNELL. Mr. President, I of Senator SULLIVAN. have two requests for committees to move to proceed to executive session to The PRESIDING OFFICER (Mr. meet during today’s session of the Sen- consider Calendar No. 52, Robert RUBIO). Without objection, it is so or- ate. They have the approval of the Ma- Lighthizer to be U.S. Trade Represent- dered. jority and Minority leaders. ative. The assistant Democratic leader. Pursuant to Rule XXVI, paragraph The PRESIDING OFFICER. The TERMINATION OF JAMES COMEY 5(a), of the Standing Rules of the Sen- question is on agreeing to the motion. Mr. DURBIN. Mr. President, the ter- ate, the following committees are au- The motion was agreed to. mination and removal of James Comey thorized to meet during today’s session The PRESIDING OFFICER. The as Director of the Federal Bureau of In- of the Senate: clerk will report the nomination. vestigation raises a critical question as COMMITTEE ON ARMED SERVICES The senior assistant legislative clerk to whether the FBI investigation of The Committee on Armed Services is read the nomination of Robert Russian interference in the last Presi- authorized to meet during the session Lighthizer, of Florida, to be United dential campaign will continue and of the Senate on Tuesday, May 9, 2017, States Trade Representative, with the whether the investigation into any col- at 9:30 a.m., in open and closed ses- rank of Ambassador Extraordinary and lusion or involvement by the Trump sions, to receive testimony on United Plenipotentiary. campaign will be investigated by the States Cyber Command. CLOTURE MOTION FBI. Any attempt to stop or undermine COMMITTEE ON ARMED SERVICES Mr. MCCONNELL. Mr. President, I this FBI investigation would raise The Committee on Armed Services is send a cloture motion to the desk. grave constitutional issues. authorized to meet during the session The PRESIDING OFFICER. The clo- We await clarification by the White of the Senate on Tuesday, May 9, 2017, ture motion having been presented House as soon as possible as to whether at 2:30 p.m., in open session to consider under rule XXII, the Chair directs the this investigation will continue and nominations. clerk to read the motion. whether it will have a credible lead so

VerDate Sep 11 2014 02:25 May 10, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\A09MY6.011 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE May 9, 2017 CONGRESSIONAL RECORD — SENATE S2849 that we know it will have a just out- Homer residents. The commander of days a week, for the pets in that com- come. the Hopper, J.D. Gainey, wrote that in munity. She recently stepped down Mr. President, I yield the floor. his 24 years of naval service, ‘‘I have from that job. She is taking care of her I suggest the absence of a quorum. never seen as much patriotism as we own pets, lots of them—her family she The PRESIDING OFFICER. The enjoyed in Homer.’’ Thank you, Homer, calls them—but she will always be clerk will call the roll. from all of us. Alaskans love Homer. known to so many people in Homer for The bill clerk proceeded to call the They see it for the landscape but also what she has done for their pets and roll. for the people. It is a tight-knit com- their animals. Mr. DURBIN. Mr. President, I ask munity. They might not always agree ‘‘Over the years, those animals that unanimous consent that the order for with one another, particularly with re- came to me,’’ she said, ‘‘ . . . unwanted the quorum call be rescinded. gard to politics, but they look out for and sad and depressed, and then you The PRESIDING OFFICER. Without each other. Like any community with help them and you love them and they objection, it is so ordered. a heart, they look out for their ani- go to a home and they’re loved. That’s The Senator from Alaska. mals. the most rewarding thing about what I TRIBUTE TO SHERRY BESS This week I want to recognize a spe- did.’’ Mr. SULLIVAN. Mr. President, every cial person as our Alaskan of the week, Sherry said over the years she has week I have been coming to the floor to Sherry Bess, who spent nearly 30 noticed that the residents of Homer recognize someone in my State who years—three decades—taking care of and throughout the country have been has made a difference, someone who Homer’s animals as the manager of the kinder to their pets. Part of that is the has devoted time and energy to making Homer Animal Shelter. In 1989, when result of what Sherry and others like my State a better place to live for oth- Sherry began to volunteer at the pet her across the country do to educate ers. We call these individuals our Alas- shelter in Homer, there was one build- the public on taking care of animals kan of the Week. ing, no phone, and only four cages to through vaccinations, neutering. Some As I have said repeatedly, I believe hold cats. ‘‘It was basically a shack,’’ of it is more and more because people my State is the most beautiful State in she said. The snow would come in like Sherry are considering pets as the country. We have visitors. We want through the dog door. The drains in the their families. to welcome more and more visitors. water bowls would freeze. Sherry’s So I want to thank Sherry, as our Come on up. I guarantee it will be the hands and feet were always cold, and it Alaskan of the Week, for all she has trip of a lifetime. was infested with mice. There was no done and for all she has done for pets in When you go to Alaska, one town bathroom. Oftentimes, when the shel- our great State. Great job. that nobody should miss is Homer, AK. ter was too busy and when the animals I yield the floor. It is surrounded by the glistening needed extra care, Sherry would take waters of Kachemak Bay, jagged moun- them to her home, where she would f tains, glaciers, and snowcapped volca- care for them. ADJOURNMENT UNTIL 9:30 A.M. noes. Some people call it the Halibut Sherry and a handful of residents TOMORROW Fishing Capital of the World. Others cared for over 1,200 animals each year call it the Cosmic Hamlet by the Sea. in that little shelter. Along the way, The PRESIDING OFFICER. Under Some, like me, call it a slice of Heaven. she gathered both happy stories and the previous order, the Senate stands I was there a few weeks ago holding heartbreaking stories about the ani- adjourned until 9:30 a.m. tomorrow. a community meeting. I thanked them mals she found that were abused and Thereupon, the Senate, at 6:17 p.m., then, and I want to thank them all the ones she found homes for. In fact, adjourned until Wednesday, May 10, today for the very warm welcome I re- one of the members of my team in 2017, at 9:30 a.m. ceived. Alaska took a puppy that had been f I also wish to thank Homer for the abandoned in a crate in the woods near very warm welcome they gave to Navy Homer, took him home, fed him, and CONFIRMATION destroyer USS Hopper, which spent a Mick Fleagle on my staff now has a Executive nomination confirmed by few days in Homer before participating dog. His dog Sookie, 8 years old, has the Senate May 9, 2017: in a joint naval exercise with the Army the full reign of the house. He is loved. in the Gulf of Alaska. The 300-member Thanks to Sherry, stories like that DEPARTMENT OF HEALTH AND HUMAN SERVICES crew of the USS Hopper was greeted by abound throughout Homer. For 26 SCOTT GOTTLIEB, OF CONNECTICUT, TO BE COMMIS- SIONER OF FOOD AND DRUGS, DEPARTMENT OF HEALTH hundreds of cheering, flag-waving years, she has worked night and day, 7 AND HUMAN SERVICES.

VerDate Sep 11 2014 01:08 May 10, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0637 Sfmt 9801 E:\CR\FM\G09MY6.038 S09MYPT1 lotter on DSK5VPTVN1PROD with SENATE Tuesday, May 9, 2017 Daily Digest Senate S. 289, to adjust the boundary of the Arapaho Chamber Action National Forest, Colorado. (S. Rept. No. 115–54) Routine Proceedings, pages S2821–S2849 S. 617, to amend the Wild and Scenic Rivers Act Measures Introduced: Ten bills and one resolution to designate certain segments of the Farmington were introduced, as follows: S. 1071–1080, and S. River and Salmon Brook in the State of Connecticut Res. 160. Page S2846 as components of the National Wild and Scenic Riv- Measures Reported: ers System. (S. Rept. No. 115–55) S. 280, to authorize, direct, expedite, and facilitate H.R. 618, to authorize, direct, expedite, and fa- a land exchange in El Paso and Teller Counties, Col- cilitate a land exchange in El Paso and Teller Coun- orado. (S. Rept. No. 115–45) ties, Colorado. (S. Rept. No. 115–56) S. 644, to authorize the Secretary of the Interior H.R. 688, to adjust the boundary of the Arapaho to conduct a special resource study of the Medgar National Forest, Colorado. (S. Rept. No. 115–57) Evers House, located in Jackson, Mississippi, with an H.R. 689, to insure adequate use and access to the amendment in the nature of a substitute. (S. Rept. existing Bolts Ditch headgate and ditch segment No. 115–46) within the Holy Cross Wilderness in Eagle County, S. 729, to authorize the Secretary of the Interior Colorado. (S. Rept. No. 115–58) to acquire approximately 44 acres of land in Mar- H.R. 699, to amend the Omnibus Public Land tinez, California, for inclusion in the John Muir Na- Management Act of 2009 to modify provisions relat- tional Historic Site. (S. Rept. No. 115–47) ing to certain land exchanges in the Mt. Hood Wil- H.R. 88, to modify the boundary of the Shiloh derness in the State of Oregon. (S. Rept. No. National Military Park located in Tennessee and 115–59) Page S2845 Mississippi, to establish Parker’s Crossroads Battle- Lighthizer Nomination—Cloture: Senate began field as an affiliated area of the National Park Sys- consideration of the nomination of Robert tem, with an amendment in the nature of a sub- Lighthizer, of Florida, to be United States Trade stitute. (S. Rept. No. 115–48) H.R. 267, to redesignate the Martin Luther King, Representative, with the rank of Ambassador. Junior, National Historic Site in the State of Geor- Page S2848 gia. (S. Rept. No. 115–49) A motion was entered to close further debate on H.R. 538, to redesignate Ocmulgee National the nomination, and, in accordance with the provi- Monument in the State of Georgia and revise its sions of Rule XXII of the Standing Rules of the boundary, with an amendment in the nature of a Senate, a vote on cloture will occur on Thursday, substitute. (S. Rept. No. 115–50) May 11, 2017. Page S2848 H.R. 560, to amend the Delaware Water Gap Na- Prior to the consideration of this nomination, Sen- tional Recreation Area Improvement Act to provide ate took the following action: access to certain vehicles serving residents of munici- Senate agreed to the motion to proceed to Execu- palities adjacent to the Delaware Water Gap Na- tive Session to consider the nomination. Page S2848 tional Recreation Area. (S. Rept. No. 115–51) Nomination Confirmed: Senate confirmed the fol- S. 225, to amend the Omnibus Public Land Man- lowing nomination: agement Act of 2009 to modify provisions relating By 57 yeas to 42 nays (Vote No. EX. 124), Scott to certain land exchanges in the Mt. Hood Wilder- Gottlieb, of Connecticut, to be Commissioner of ness in the State of Oregon. (S. Rept. No. 115–52) Food and Drugs, Department of Health and Human S. 285, to ensure adequate use and access to the Services. Pages S2822–43, S2849 existing Bolts Ditch headgate and ditch segment within the Holy Cross Wilderness in Eagle County, Executive Reports of Committees: Pages S2845–46 Colorado. (S. Rept. No. 115–53) Additional Cosponsors: Pages S2846–47 D508

VerDate Sep 11 2014 01:54 May 10, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D09MY7.REC D09MYPT1 lotter on DSK5VPTVN1PROD with DIGEST May 9, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D509

Statements on Introduced Bills/Resolutions: a hearing to examine maritime transportation, focus- Pages S2847–48 ing on opportunities and challenges for the Maritime Additional Statements: Pages S2844–45 Administration and Federal Maritime Commission, after receiving testimony from Michael A. Khouri, Authorities for Committees to Meet: Page S2848 Acting Chairman, and Rebecca Dye, and Mario Record Votes: One record vote was taken today. Cordero, both a Commissioner, all of the Federal (Total—124) Page S2843 Maritime Commission; Joel Szabat, Executive Direc- Adjournment: Senate convened at 10 a.m. and ad- tor, Maritime Administration, Department of Trans- journed at 6:17 p.m., until 9:30 a.m. on Wednes- portation; and Rear Admiral James Helis, USMS, day, May 10, 2017. (For Senate’s program, see the Superintendent, Merchant Marine Academy. remarks of the Majority Leader in today’s Record on page S2848.) WATER RESOURCES Committee on Environment and Public Works: Sub- Committee Meetings committee on Transportation and Infrastructure con- cluded a hearing to examine water resources, focus- (Committees not listed did not meet) ing on the role of the public and private sectors, after receiving testimony from Lieutenant General U.S. DEMOCRACY ASSISTANCE Todd T. Semonite, Commanding General and Chief Committee on Appropriations: Subcommittee on State, of Engineers, Army Corps of Engineers, Department Foreign Operations, and Related Programs concluded of the Army, Department of Defense; James K. a hearing to examine United States democracy assist- Lyons, Alabama State Port Authority Director and ance, after receiving testimony from former Rep- Chief Executive Officer, Mobile; Pete K. Rahn, resentative James Kolbe, The International Repub- Maryland Department of Transportation Secretary, lican Institute, former Representative Vin Weber, Hanover; Rick Goche, Port of Bandon, Bandon, Or- The National Endowment for Democracy, Madeline egon; and Grant Humphreys, Carlton Landing, Albright, former Secretary of State, The National Oklahoma. Democratic Institute, and Steven Hadley, The United States Institute of Peace, all of Washington, BUSINESS MEETING D.C. Committee on Foreign Relations: Committee ordered fa- U.S. CYBER COMMAND vorably reported the nominations of Terry Branstad, of Iowa, to be Ambassador to the People’s Republic Committee on Armed Services: Committee concluded a of China, Tulinabo Salama Mushingi, of Virginia, to hearing to examine United States Cyber Command, be Ambassador to the Republic of Senegal, and to after receiving testimony from Admiral Michael S. Rogers, USN, Commander, United States Cyber serve concurrently and without additional compensa- Command, Director, National Security Agency, tion as Ambassador to the Republic of Guinea- Chief, Central Security Services, Department of De- Bissau, Todd Philip Haskell, of Florida, to be Am- fense. bassador to the Republic of the Congo, and routine lists in the Foreign Service, all of the Department of NOMINATIONS State. Committee on Armed Services: Committee concluded a hearing to examine the nominations of David L. NOMINATION Norquist, of Virginia, to be Under Secretary (Comp- Committee on Foreign Relations: Committee concluded troller), Robert Daigle, of Virginia, to be Director of a hearing to examine the nomination of John J. Sul- Cost Assessment and Program Evaluation, and Elaine livan, of Maryland, to be Deputy Secretary of State, McCusker, of Virginia, to be a Principal Deputy after the nominee, who was introduced by Senator Under Secretary, all of the Department of Defense, Sullivan, testified and answered questions in his own after the nominees testified and answered questions behalf. in their own behalf. INTELLIGENCE MARITIME TRANSPORTATION Select Committee on Intelligence: Committee met in Committee on Commerce, Science, and Transportation: Sub- closed session to receive a briefing on certain intel- committee on Surface Transportation and Merchant ligence matters from officials of the intelligence Marine Infrastructure, Safety and Security concluded community.

VerDate Sep 11 2014 01:54 May 10, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D09MY7.REC D09MYPT1 lotter on DSK5VPTVN1PROD with DIGEST D510 CONGRESSIONAL RECORD — DAILY DIGEST May 9, 2017 House of Representatives ministrator of the Western Area Power Administration to Chamber Action establish a pilot project to provide increased transparency The House was not in session today. The House for customers, S. 1012, to provide for drought prepared- is scheduled to meet in a Pro Forma session at 2 ness measures in the State of New Mexico, S. 1029, to p.m. on Thursday, May 11, 2017. amend the Public Utility Regulatory Policies Act of 1978 to exempt certain small hydroelectric power projects that are applying for relicensing under the Federal Power Act Committee Meetings from the licensing requirements of that Act, and S. 1030, No hearings were held. to require the Federal Energy Regulatory Commission to submit to Congress a report on certain hydropower Joint Meetings projects, 2:30 p.m., SD–366. No joint committee meetings were held. Committee on Environment and Public Works: to hold hear- ings to examine state views on the need to modernize the f Endangered Species Act, 10 a.m., SD–406. NEW PUBLIC LAWS Committee on Foreign Relations: Subcommittee on West- ern Hemisphere, Transnational Crime, Civilian Security, (For last listing of Public Laws, see DAILY DIGEST, p. D503) Democracy, Human Rights, and Global Women’s Issues, H.R. 534, to require the Secretary of State to take to hold hearings to examine emerging external influences such actions as may be necessary for the United in the Western Hemisphere, 10 a.m., SD–419. States to rejoin the Bureau of International Expo- Committee on Health, Education, Labor, and Pensions: busi- sitions. Signed on May 8, 2017. (Public Law ness meeting to consider S. 934, to amend the Federal 115–32) Food, Drug, and Cosmetic Act to revise and extend the user-fee programs for prescription drugs, medical devices, f generic drugs, and biosimilar biological products, and S. COMMITTEE MEETINGS FOR WEDNESDAY, 1028, to provide for the establishment and maintenance MAY 10, 2017 of a National Family Caregiving Strategy, 10 a.m., SD–G50. (Committee meetings are open unless otherwise indicated) Committee on Homeland Security and Governmental Affairs: to hold hearings to examine cyber threats facing America, Senate focusing on an overview of the cybersecurity threat land- Committee on Armed Services: Subcommittee on Emerging scape, 10 a.m., SD–342. Threats and Capabilities, to receive a closed briefing on Committee on Indian Affairs: business meeting to con- United States special operations capabilities to counter sider S. 458, to support the education of Indian children, Russian influence and unconventional warfare operations and S. 691, to extend Federal recognition to the Chicka- in the ‘‘Grey Zone’’, 10 a.m., SVC–217. hominy Indian Tribe, the Chickahominy Indian Tribe- Committee on Banking, Housing, and Urban Affairs: Sub- Eastern Division, the Upper Mattaponi Tribe, the Rappa- committee on National Security and International Trade hannock Tribe, Inc., the Monacan Indian Nation, and the and Finance, to hold hearings to examine secondary sanc- Nansemond Indian Tribe; to be immediately followed by tions against Chinese institutions, focusing on assessing a hearing to examine S. 772, to amend the PROTECT their utility for constraining North Korea, 10 a.m., Act to make Indian tribes eligible for AMBER Alert SD–538. grants, and S. 825, to provide for the conveyance of cer- Committee on the Budget: to hold hearings to examine tain property to the Southeast Alaska Regional Health growth policies for the new Administration, 10:30 a.m., Consortium located in Sitka, Alaska, 2:30 p.m., SD–628. SD–608. Committee on the Judiciary: to hold hearings to examine Committee on Energy and Natural Resources: Subcommittee the nominations of Steven Andrew Engel, of the District on Water and Power, to hold hearings to examine S. 440, of Columbia, and Makan Delrahim, of California, both to to establish a procedure for the conveyance of certain Fed- be an Assistant Attorney General, and Noel J. Francisco, eral property around the Dickinson Reservoir in the State of the District of Columbia, to be Solicitor General of the of North Dakota, S. 677, to authorize the Secretary of the United States, all of the Department of Justice, 10 a.m., Interior to coordinate Federal and State permitting proc- SD–226. esses related to the construction of new surface water stor- Subcommittee on Crime and Terrorism, to hold hear- age projects on lands under the jurisdiction of the Sec- ings to examine law enforcement access to data stored retary of the Interior and the Secretary of Agriculture and across borders, focusing on facilitating cooperation and to designate the Bureau of Reclamation as the lead agen- protecting rights, 2:30 p.m., SD–226. cy for permit processing, S. 685, to authorize the Dry- Committee on Small Business and Entrepreneurship: to hold Redwater Regional Water Authority System and the hearings to examine the nomination of Althea Coetzee, of Musselshell-Judith Rural Water System in the States of Virginia, to be Deputy Administrator of the Small Busi- Montana and North Dakota, S. 930, to require the Ad- ness Administration, 3 p.m., SR–428A.

VerDate Sep 11 2014 01:54 May 10, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D09MY7.REC D09MYPT1 lotter on DSK5VPTVN1PROD with DIGEST May 9, 2017 CONGRESSIONAL RECORD — DAILY DIGEST D511 Committee on Veterans’ Affairs: to hold hearings to exam- House ine the Veterans Choice Program and the future of care in the community, 2:30 p.m., SR–418. No hearings are scheduled. Special Committee on Aging: to hold hearings to examine aging with community, focusing on building connections that last a lifetime, 2:30 p.m., SD–562.

VerDate Sep 11 2014 01:54 May 10, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D09MY7.REC D09MYPT1 lotter on DSK5VPTVN1PROD with DIGEST D512 CONGRESSIONAL RECORD — DAILY DIGEST May 9, 2017

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, May 10 2 p.m., Thursday, May 11

Senate Chamber House Chamber Program for Wednesday: Senate will be in a period of Program for Thursday: House will meet in a Pro Forma morning business. session at 2 p.m. Senate expects to vote on the motion to proceed to consideration of H.J. Res. 36, Bureau of Land Manage- ment Rule Relating to Methane, at approximately 10 a.m.

E PL UR UM IB N U U S The Congressional Record (USPS 087–390). The Periodicals postage is paid at Washington, D.C. The public proceedings of each House Congressional Record of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed one time. ¶ Public access to the Congressional Record is available online through the U.S. Government Publishing Office, at www.govinfo.gov, free of charge to the user. The information is updated online each day the Congressional Record is published. For more information, contact the GPO Customer Contact Center, U.S. Government Publishing Office. Phone 202–512–1800, or 866–512–1800 (toll-free). E-Mail, [email protected]. ¶ To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 979050, St. Louis, MO 63197–9000, or phone orders to 866–512–1800 (toll-free), 202–512–1800 (D.C. area), or fax to 202–512–2104. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. POSTMASTER: Send address changes to the Superintendent of Documents, Congressional Record, U.S. Government Publishing Office, Washington, D.C. 20402, along with the entire mailing label from the last issue received.

VerDate Sep 11 2014 01:54 May 10, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0664 Sfmt 0664 E:\CR\FM\D09MY7.REC D09MYPT1 lotter on DSK5VPTVN1PROD with DIGEST