June 28, 2016 CONGRESSIONAL RECORD — SENATE S4605 Thereupon, the Senate, at 12:45 p.m., up raises for, benefits they have domestic energy in our backyard. Do- recessed until 2:15 p.m. and reassem- earned, putting money aside, and now mestic energy was the coal we used to bled when called to order by the Pre- they have been betrayed, frankly, and fuel the Industrial Revolution. We basi- siding Officer (Mrs. CAPITO). that is why this is so important. cally defended ourselves in every war f We just had a meeting of a group of with coal. It was so important during Senators, and Senator REID played a World War II that if you were a coal TRANSPORTATION, HOUSING AND film of what is happening in West Vir- miner, you would be asked to be de- URBAN DEVELOPMENT, AND RE- ginia—the flooding—and much of that ferred from fighting in the war to pro- LATED AGENCIES APPROPRIA- flooding is in miners’ country, most of vide the energy the country needed to TIONS ACT, 2016—CONFERENCE it is. There were mine workers’ defend itself. That is how important REPORT—Continued homes—Senator CAPITO knows this this product has been. The PRESIDING OFFICER. The Sen- too—mine workers’ homes that were Today it is kind of taboo to talk ator from West Virginia. under water, as were other residents in about it. People don’t understand we Mr. MANCHIN. Madam President, I these communities, proud communities have the life we have because of it. ask unanimous consent to speak in a that have done everything right, where There is a transition going on and we colloquy with some of my colleagues people worked hard and played by the understand that, but, in 1946, President concerning the Miners Protection Act. rules. They paid their taxes. They Harry Truman said that we can’t have The PRESIDING OFFICER. Without helped their community. They have the miners go on strike. John L. Lewis objection, it is so ordered. lost so much, and this is the last thing was going to take the miners out on MINERS PROTECTION ACT they just simply should not lose. strike for unfair compensation and Mr. MANCHIN. Madam President, as My contention in the Finance Com- safety reasons. Harry Truman prom- the Presiding Officer knows very well, mittee—and I know it is the contention ised them if they would stay—it was so we have been asking for passage of the of my colleague from Ohio too—is that important for our economy after World Miners Protection Act not just for our committee should not do anything War II to keep moving forward, and State of West Virginia but for all min- until we fix the miners’ pension. Sen- without the energy, we couldn’t do it. ers across America, as well as the re- ator MCCONNELL, the Republican lead- So he said: If you all will settle this tired miners who have done everything er, seems to be the only one who strike, I will make sure everybody who that has been asked of them. doesn’t want to move on this. All the produces coal—all the miners will pay We have some of our colleagues here rest of us do. The point a lot of us are into a pension fund that will guarantee today. At this time, if I can—if my making is, we shouldn’t allow this that you will have health care benefits other colleagues will allow me—I will body—as important as I think Puerto when you retire and a very meager pen- defer right now to Senator BROWN from Rico is and as much as I want to help sion. We are not talking big money. We Ohio, since he has other commitments. them—we shouldn’t be voting on re- are talking very meager supplements. He will be coming back and forth. If he structuring Puerto Rico’s debt without That was committed to and paid for. could go ahead and get started at this lifting a finger to help our retired min- It had been funded all the way up until time, then I will come back and defer ers. I don’t want to delay Puerto Rico. the greed of Wall Street in 2008, and it to our other colleague from Ohio. I want Senator MCCONNELL to commit fell apart. Now, here we have the time. The PRESIDING OFFICER. The Sen- to us: OK. We will move to Puerto Rico We go right up to the end of the time. ator from Ohio. but promise a date for a vote so we can Every time we go up to this timetable. Mr. BROWN. Madam President, I do what we need to do to move this Well, July 1 is Puerto Rico, and then know everyone is squeezed for time, money from the abandoned mine fund let me tell my colleagues one thing: but I thank Senator MANCHIN for his to the UMWA pension fund in a way July 15, all the retirees will start re- leadership, the Presiding Officer, the that works for these miners, that ceiving notices that they will start los- other Senator from West Virginia, Mrs. works for the widows of miners, that ing their health care benefits within 90 CAPITO, and Senator PORTMAN, my works for people who are sick from days. friend from Cincinnati. working in the mines, and works for If you have seen on television all the We all know how serious this is. We people who were injured working in the devastation to our State in West Vir- are all willing in this body to do—at mines. ginia, all the flooding, all the misery, least the four of us and I know also As many of my colleagues know, I the loss of life—one of the largest Senator CASEY and Senator WARNER— wear on my lapel a depiction of a ca- losses of life in any flooding in U.S. whatever it takes to get this fixed. We nary in a birdcage. All of us know in history. It just happened this past know we can do this for our Nation’s mining country, the mine workers used week in the State of West Virginia, our retired coal miners who are on the to take the canaries down into the beautiful State. Every one of those brink of losing their health care and mines. They had no unions in the old communities you are seeing on tele- retirement savings. This Congress can days to help them. They had no govern- vision, with houses on fire floating pull them back from that. ment that cared enough to help them. down the river, with all the businesses The UMW health care and pension It is up to us to provide that. The ca- ruined, all the homes and all the people plan covers 100,000 workers, 6,800 people nary in the mine has been tweeting who are left with nothing, every one of in Senator PORTMAN’s and my State. mercilessly, and it is time for us to those are mining communities. Every The plans were almost completely step up and do what we were hired to one of them have miners living in funded before the financial collapse of do in these jobs. them. Every one of them have widows almost a decade ago, but the industry’s I thank Senator MANCHIN. who probably lost their husband to pension funds were devastated by the Mr. MANCHIN. Madam President, if I black lung depending on the health recession. can, I will give a little background and care benefits. Yet we have so many We know if Congress fails to act, then we will go right to Senator other things, and we are just asking for thousands of retired miners could lose PORTMAN. a vote. their health care this year and the en- I thank the Senator from Ohio. I ap- This is a bipartisan bill. Here we are tire plan would fall as early as 2017. preciate it very much. standing on the floor, all of us, not For every one of those years where The Presiding Officer understands being Democrats or Republicans, just mine workers worked for decades and very well. We are both from the same being Americans trying to do the right decades in the mines, they earned and State, born and raised there, and tough thing. All we are asking for is a vote on contributed to their retiree health care times have always been a part of our this. It will pass. There are ways for us plans and their pension plans—benefits DNA. to pay for it so it does not cost the they fought for. Their situation is So people know the history of the American taxpayers. That is what we similar to Senator MANCHIN and I, mines, as to the coal that has been pro- are asking for. I don’t think that is too prior to—we remember what it was like duced, we would not be the country we much to ask for. here during the auto rescue, the bene- are today, we would not be the super- I have said let’s vote no on cloture fits they fought for, benefits they gave power of the world, if we didn’t have tomorrow. I am not saying to be for or

VerDate Sep 11 2014 01:01 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.025 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4606 CONGRESSIONAL RECORD — SENATE June 28, 2016 against Puerto Rico. I understand the soon in a lot of ours States; that is, nities can stay vibrant. Losing that situation they are in, but unless we de- that there are about 20,000 of these re- pension and losing that health care fend and fight for the people who have tired coal miners who may well lose benefit obviously hurts those commu- given us the country we have, and just their retiree health coverage at the end nities. These are people who played by disregard that, then who are we? What of this year. So this is not down the the rules, as I said earlier. They are pa- is our purpose for being here? road. This is now. This is this year. triotic, hardworking Americans who With that, I yield to my good friend Again, these miners spent their careers deserve our help right now because of and colleague from Ohio, Senator in dangerous jobs. These jobs resulted this pending bankruptcy. PORTMAN. in higher rates of injury, disease, can- Why on this bill? It is not about my Mr. PORTMAN. Madam President, I cer, and therefore they are especially opposition to the underlying bill, but it thank my friend and colleague from dependent on these health benefits. is about my insistence that we have a West Virginia. I appreciate his passion They have earned them. It would be vote, and I intend not to vote to move for this issue. Over the years, he has devastating to those families to lose forward with the Puerto Rico bill un- fought hard for miners in every dif- those benefits. less we get our vote, and it is appro- ferent respect, as has his colleague Our solution—again, a bipartisan so- priate. If we are going to help Puerto from West Virginia who is in the chair lution—Senator CAPITO is here and Rico escape bankruptcy, then we right now, Senator CAPITO. They need Senator MANCHIN and Senator BROWN should also help the 90,000 miners we us right now. He is absolutely right. and others—our solution is to have no talked about in West Virginia, Ohio, We have a bill on the floor of the U.S. interruption of these family health and other States who are suffering the Senate that provides for essentially the benefits, keep the pension plan solvent effects of these coal bankruptcies. bankruptcy of Puerto Rico, right? I am so it doesn’t go under, so we don’t have They don’t deserve to be left behind as not being critical of that legislation. I to have a bailout, and we can do it with the Senate addresses other bank- know Puerto Rico needs help, but I a fund that is currently available. ruptcies. also know the people I represent need Senator MANCHIN spoke for a moment Again, I want to thank my colleagues help, as do the people these two Sen- about how this is something that can who are here. The Presiding Officer ators represent and Senator BROWN be handled under our current fiscal sit- kindly took the chair so I could make who spoke earlier. All we are asking uation. As some of my colleagues these remarks. I will replace her now for is give us a chance. We have legisla- know, I am a fiscal hawk, and I and have an opportunity to listen to tion that has been carefully crafted wouldn’t have signed up for this bill if the debate from the chair. I thank my with the United Mine Workers, with I didn’t see a way to pay for it. The colleagues for their willingness to the coal companies on a bipartisan money would come from a miners’ stand up at this crucial time to say basis. health fund that is currently spending that this is our opportunity to be This is legislation that is fiscally re- over about half of its annual alloca- heard. That is all I am asking for. Let’s sponsible. My own view, for what it is tion. The fund allows for $490 million in have a vote. worth, is that if we don’t help now, it annual spending for retired miners. I think if we did have a vote and all is very likely there could be later a Currently, it is spending closer to $225 my colleagues knew the facts around need for significant funding from the million. So that fund is available. Our this issue, I think we would be success- taxpayers. Why? Unfortunately, be- point is this: Why not use the rest of ful and we would be able to help a lot cause we are in a situation now, where that spending authority for that fund of these miners to get the benefits that because of all these bankruptcies of all to be able to spend the money to save they deserve. these coal companies—and we could the miners’ pensions and make sure I yield back to my colleague. talk about the policies toward the coal they are not going to lose their health Mr. MANCHIN. I say thank you to companies and the policies toward coal care coverage? Again, I think this solu- my friend and colleague from Ohio. I in this country, but the reality is, tion may well cost less money than thank you so much. You are absolutely there are a lot of companies in places simply allowing the plan to go bank- correct. Of those 90,000 miners, 27,000 like Ohio and West Virginia and Vir- rupt, which is the other alternative, come from my State of West Virginia. ginia and other States out West that because then I think it is very likely When we talk about who are the min- are either in bankruptcy or heading to- that you would end up with a major ers, they are the most patriotic people ward bankruptcy. The people who are bailout and the taxpayers would have you ever met. Most of them are vet- getting left behind are these coal min- to pick up the rest. erans. They have given of themselves. ers who worked hard, played by the So who are these miners? In the last They sacrifice and they will continue rules, have their pension, have their several years, I have been at some of to do so. health care lined up, and because of the the coal mines in Ohio. I have been in This country still needs a balanced bankruptcies they find themselves on aboveground coal mines and under- energy policy that works for all of us, the outside. ground 600 feet with the coal miners. I and they are willing to do that. They By the way, currently these mine have had an opportunity to visit three are willing to do the heavy lifting jobs workers’ pensions are relatively mod- coal mines, one of them twice. Coal they have always done. They don’t ask est—$530 per month is the average. miners also come to a lot of my meet- for a lot of accolades for doing that. They are headed toward bankruptcy, ings. They come, they speak up, and I have another one of our colleagues by the way, within 5 to 10 years. There they talk about why they believe they from the great State of Indiana who are 90,000 coal miners—my colleague deserve to be treated fairly. They have knows the mining industry very well. I said closer to 100,000—a little over powered this Nation. have been with him, and we have been 90,000 coal miners affected. In Ohio Ohio is 70-percent coal-dependent out talking to them and watching how alone, it is over 6,000 coal miners. When right now for electricity. Many States the product moves and watching how it that pension goes bankrupt in 5 to 10 represented here are even higher. For powers this great country. years, there is no guarantee, as I see it, some, virtually all their electricity With that, I yield to my friend Sen- that the PBGC—that is the Pension comes from coal. It is a hard job. ator DONNELLY from Indiana. Guaranty Benefit Corporation—is Again, when you are underground sev- (Mr. PORTMAN assumed the Chair.) going to be there because that agency eral hundred feet and you see the kind Mr. DONNELLY. Mr. President, I is also in trouble. of work they do, you learn to appre- thank the Presiding Officer, my col- So these mine workers who sacrificed ciate the fact that they are taking a league from Ohio, and my colleague so much for so long working in the risk every day and they do have addi- from West Virginia. mines—again, working hard, playing tional health problems because of it. This is a critical issue. I rise today to by the rules, helped power this Na- These are people who not only power join my colleagues in supporting the tion—could be left with no pensions. our country, but power their commu- bipartisan Miners Protection Act. We That is simply not acceptable. nities. They are engaged and involved are here to make sure the Federal Gov- There is a further issue that some in their communities, and they want to ernment makes good on its promise of folks aren’t focused on yet but will be be sure these smaller rural commu- lifetime benefits for miners who risked

VerDate Sep 11 2014 01:01 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.027 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4607 their lives to help our country meet its our lives. The most important thing is tion, the effects of a broader economy. energy needs. that before we became a Republican or All kinds of things are flying into this, As has been noted, President Truman a Democrat, we were West Virginians but the reality is where we are today. and the Federal Government made a first. Sometimes we might lose sight of We mentioned the numbers. Of 12,000 promise with the 1946 Krug-Lewis that fact amidst all these great people Americans who could lose their health Agreement to guarantee health and in this great country. care, 5,000 of those are our fellow West pension benefits for coal miners. These It is time for us to get together and Virginians. I can guarantee you that workers and the generations that fol- do the right thing. These are the people between the two of us, we know quite a lowed sacrificed their own long-term who have done the heavy lifting all few them. We live in a small State. We health and now they are depending on their lives, and all we are asking for is live in a community where everybody us to make sure they get the benefits a commonsense piece of legislation knows everybody. I tell you one thing, they earned. that gives to them and protects them to divert from this to what has hap- My friend from West Virginia said with a promise that we made. They pened to our State with the floods. I that there are 27,000 miners in his worked for this. They paid into this. am sure other States do this just as State. We have 3,000 retired miners re- Their pensions were solvent. No act of well, but I don’t think there is a State ceiving pension benefits and another their own caused this. We are not ask- that does better than West Virginians 1,500 receiving health benefits. Many of ing for a bailout. There is a pay-for and helping West Virginians. What we have them are in the southern part of my a very easy pay-for. seen over the last few days with neigh- State. Similarly, there are tens of So with that, I want to recognize my bors helping neighbors and people pull- thousands of other retirees—90,500- colleague from West Virginia for her ing up each other and pulling together plus—across the Nation in West Vir- dedication and commitment to fight is phenomenal. A lot of those folks are ginia, Ohio, Pennsylvania, Illinois, and for this. I thank her so much. I yield to not coal mining families. They know Kentucky. These retired miners and Senator CAPITO from our great State of coal mining families. They go to their families face a financial emer- West Virginia. church with their families. Their kids gency unless we act now. Mrs. CAPITO. Mr. President, I want go to school together. Their grand- Additionally, Congress must work to to thank Senator MANCHIN, certainly children play together. We are all con- address broader problems in the multi- for putting this colloquy together. I nected together. employer pension system, which is on want to thank Senator PORTMAN of You look at the health care and pen- the verge of crisis as well. Many plans, Ohio, Senator DONNELLY of Indiana, sions of 27,000 West Virginians. As was such as the Central States Pension and Senator BROWN of Ohio. We are mentioned, these are not large Fund, which includes hundreds of thou- deeply affected by this, and the facts amounts. I think the Senator from sands of retired Teamsters, are dan- bear out that we can’t wait. Ohio mentioned $560 a month. Unfortu- gerously underfunded. We owe it to We talk about emergencies, and what nately, for some retirees that is the these hardworking Americans who did we have on the floor is the emerging difference between paying their elec- their job to do our job and to solve this bankruptcy of Puerto Rico. I think all tricity bill and having food on the problem. This is a bipartisan proposal. of us have expressed deep empathy and table. That is a substantial amount. It It isn’t about Republicans and Demo- sympathy for Puerto Rico and the situ- could mean getting gas for the car, crats. It is about Americans coming to- ation that they are in, and we appre- buying their medicines, or helping gether to help the 90,000-plus miners ciate the bipartisan effort to find a so- their children when they might need and their beneficiaries who face an im- lution. But at the same time, we need help to purchase a new pair of shoes. minent loss of the benefits they have our voices to be heard louder and clear- All of these kinds of things are ex- earned. er. My voice is that I cannot vote for tremely important in the everyday life They have earned these benefits. This cloture on Puerto Rico when we have of our retirees. is nothing being given to them. They stranded and are stranding our hard- I think the best voices are the voices have earned this everyday—walking working coal miners and the retirees of the miners. I have received letters, into those mines, working nonstop and who are upcoming. and I am sure you all have received let- facing incredible dangers, and powering You have to look at what is at stake ters and talked to folks yourself, from our country. We can start meeting our here. We heard the numbers—21,000 people like Rita from Ieager, WV, who responsibility by scheduling a vote and Americans stand to lose their health wrote that her husband started work as passing this commonsense legislation. care at the end of the year. By July 15, a coal miner 40 years ago right out of We made a promise to these coal some are going to lose their health high school. Without the act, she and miners, and we take this promise seri- care in 90 days. That is way before the her husband will lose their entire ously. They did their part for decade end of the year. health care coverage. after decade. We can’t turn our backs You often hear the trite slogan Walter is a third generation coal on them. That is not the American ‘‘promises made, promises kept.’’ This miner. We find these a lot. A lot of way. It is not the Indiana way. It is not was a promise that was made. This is these people are third and fourth gen- the Ohio way. It is not the West Vir- the hard work of American coal miners eration coal miners. He is from ginia way. who knew going in when they started Danville and began working in the I urge the Senate to take up this bi- to work in the mines that they were mines when he was still in high school. partisan Miners Protection Act as soon difficult and dangerous jobs. The ques- He wrote to express concern not just as possible because tens of thousands of tion by the spouse was, Will my hus- for himself. As a typical West Vir- retirees, our friends and neighbors, and band make it back today from the ginian and hardworking American, he our fellow Americans are counting on mines? They had a promise, and that is is worried about his friends and former us to do our job and keep the word that why a lot of them pursued and went colleagues in Boone County. There are has been given to them. forth in dangerous conditions to pro- people like Teresa, also from Boone I yield back. vide for their families and power the County, whose husband worked in the The PRESIDING OFFICER. The Sen- country. mines for 36 years and planned for re- ator from West Virginia. My colleague from Ohio remarked tirement knowing that they would re- Mr. MANCHIN. Mr. President, I want that 70 percent of Ohio’s energy is pro- ceive the health care and pension bene- to thank my colleague from Indiana duced by coal. In our State of West Vir- fits they were promised. She asks us to and the Senator from Ohio, the Pre- ginia 95 percent is coal-produced en- ‘‘please help these retirees to ensure siding Officer, and my colleague from ergy. We are blessed to have a lot of that people like my husband keep the West Virginia. coal in West Virginia. That has been a benefits he was promised and that he This is truly a bipartisan bill. As we good thing for a long time. Unfortu- earned and worked hard for.’’ stand before you, my colleague and I nately, we have had a lot of issues in There is Ralph from Morgantown, were both born and raised in West Vir- the coal industry, which is under as- who reminds us—and I think this is es- ginia. We come from different political sault from multiple directions—wheth- pecially important for us to reempha- parties, but we have been friends all er it is regulation, increased competi- size today—that ‘‘Congress has the

VerDate Sep 11 2014 01:01 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.028 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4608 CONGRESSIONAL RECORD — SENATE June 28, 2016 power to keep that promise because it ica, are going to be hurting. They are I appreciate my colleagues on both is the right thing to do to protect those going to be hurting as they try to keep sides of the aisle. This is truly a bipar- hardworking Americans.’’ Ralph is their doors open to take care of the tisan effort. I thank the Presiding Offi- right. children, the families, the widows—the cer. I thank each and every one of you. So I am going to make a stand with people who are depending upon them. Please talk to colleagues, as we do my colleagues. I am asking in a loud This has a ripple effect that people with all our friends on both sides, and and joint voice to have this vote to don’t really consider. do the right thing and pass the Miners keep the promise that was made. All we are asking of the majority Protection Act. While Puerto Rico is facing a finan- leader, our majority leader—I am re- Mr. President, I yield the floor. cial crisis and I have great empathy for spectfully asking him—he comes from FAMILY PLANNING SERVICES what is going on there, I cannot vote the State of Kentucky, and he under- Ms. COLLINS. Mr. President, earlier for cloture on the Puerto Rico bill stands the people of mining. In a com- today the Senate held a cloture vote on until I get some certainty that we are passionate way, I am asking if he the conference report to accompany going to move in a positive direction. I would just consider giving us the vote H.R. 2577, a bill that would fund mili- appreciate the passion and the willing- before we leave here. tary construction and veterans pro- ness of Senator MANCHIN to join us to- That is why we are not voting on the grams in fiscal year 2017 and provide gether in this colloquy today. We have Puerto Rico cloture. We have basically $1.1 billion to respond to the Zika pub- bipartisanship. We have a regional coa- next week, and after next week we will lic health crisis. lition that I think we can build on be gone for quite a while. These widows There has been a great deal of misin- every day. I hope we will be successful and all these retirees will start receiv- formation on what the bill would do so that we can make sure that our min- ing their notices July 15. We will be and which organizations and providers ers and their families have the assur- out of here on the 16th. What do we tell would be eligible to receive funding ances, the security, and the faith in us them? Well, I am sorry we are on vaca- under the bill. I would like to ask a who could make that decision, and the tion. We have all gone home. We all question of the chairman of the Labor, faith in this country that made that gave up. Health and Human Services, and Edu- promise. The House is gone now. They got in cation Appropriations Subcommittee, I yield back to the Senator. so much conflict, they couldn’t take it who helped to write the Zika funding Mr. MANCHIN. Mr. President, some anymore. They left early. They are not package. people say this is a union versus a non- coming back. This is a shame. It is ab- Is it accurate to say that family union issue. That is not the case at all. solutely a shame. planning service providers that receive In 1946, anybody who was mining coal I am almost ashamed to tell—people Medicaid reimbursement would be eli- was a member of the United Mine say: Where do you work? gible to be reimbursed for family plan- Workers of America, almost 99.9 per- I say: Oh, I work for the government ning services through funding provided cent. With that type of participation, in Washington. in this bill? having all these people involved—that I will be almost afraid to tell them Mr. BLUNT. Mr. President, that is is the deal that was made. That is the what body I am in if we can’t do better accurate. Let me be clear, the con- deal Harry Truman, the President of than we are doing. ference report provides the same access our United States of America, made I am getting so sick and tired of ‘‘If to birth control services as the admin- with John L. Lewis. You have to con- you are a Republican and I am a Demo- istration’s request by allowing reim- tinue to mine the coal that keeps the crat, I am supposed to be against you.’’ bursement through public health plans, country running. I am not against you; I am with you. I Today, coal has been villainized to am with this country. I want America which includes Medicaid. In addition, the point where people think they to do well. I want the whole world to be the conference agreement goes even don’t need it, they don’t like it, they envious that we can help other people. further than the administration’s re- don’t want it, and it is no good for But if we can’t take care of ourselves, quest by expanding access to services them. Well, guess what. The coal we if we can’t help the people we have through more robust funding to com- use today is cleaner and used cleaner committed to and made a promise to, munity health centers, public health than ever before. then why should anyone? Why should departments, and hospitals in areas We keep talking about the global cli- anyone look to America? most affected by the Zika virus. mate. I am not a denier. With 7 billion We are the hope of the world. Well, if Mr. MANCHIN. I suggest the absence people, I think we have a responsi- we are going to be the hope of the of a quorum. bility. We have a responsibility to world, we better take care of the people The PRESIDING OFFICER. The clean up the environment. We have who gave us the country we have; that clerk will call the roll. done it, and we can do a lot more in is, the mine workers of this country, The senior assistant legislative clerk America. We can lead the rest of the the United Mine Workers of America— proceeded to call the roll. world—which burns over 7 billion tons the toughest people I have ever been Mrs. FISCHER. Mr. President, I ask of coal—to do it much cleaner if we are around, the most generous people I unanimous consent that the order for serious about it and if we don’t just have ever been around, and the most the quorum call be rescinded. continue to demonize it here in Amer- compassionate people I have ever been The PRESIDING OFFICER (Mr. ica, its use in America, putting all around. LANKFORD). Without objection, it is so these people out of work. It is our responsibility, Mr. President ordered. My colleague talked about Puerto and my colleagues, to keep our promise HONORING NEBRASKA’S SOLDIERS WHO LOST Rico and its finances. We have sym- to the miners who have answered the THEIR LIVES IN COMBAT pathy and compassion for anybody who call whenever their country needed Mrs. FISCHER. Mr. President, I rise has had difficult times. But we have them. When our country went to war, today to continue my tribute to Ne- people who basically gave their sweat, the miners stayed there and powered us braska’s heroes and the current genera- their blood, and their lives for the en- to prosperity. When our economy was tion of men and women who have given ergy of this country, and their widows stagnant, these miners fueled its their lives defending our freedom in and other people are depending on that growth and expansion. They kept their Iraq and Afghanistan. Each of these retirement and they are depending on promise to us, and now it is time for us Nebraskans has a powerful story. their health care benefits. Let me tell to do the same. We must keep our SERGEANT JOSHUA ROBINSON you the domino effect that will happen. promise of a lifetime pension and Today I reflect upon the life of Ma- The domino effect is this: If these health benefits to our miners—some- rine Sgt Joshua Robinson of Hastings, health care benefits go by the wayside, thing they paid for, something they NE. a lot of the clinics that take care of worked for—for their dedication to our Josh grew up on a farm near the people throughout West Virginia, country. That is why I am calling for small village of Oak, NE. As a boy, he throughout the coal industry, through- the immediate passage of the Miners thrived in the outdoors. Many would out the coal counties all across Amer- Protection Act. say he was born to be a marine. Josh

VerDate Sep 11 2014 01:01 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.029 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4609 loved hunting, fishing, and preparing I never had any doubt there was a better challenges the people of Puerto Rico animals for 4–H competitions. He first man looking out for us . . . Whenever we felt have—because I knew we needed time learned to shoot with a Red Ryder BB fear or anxiety, we just had to remember to be able to make a horrible bill a lot gun and became excellent at tracking that ‘‘Robbie’’ was with us. better. That is the essence of what the wild animals. Josh was an infantryman assigned to Senate is. It is a coequal branch of the Later, the Robinson family moved to the 1st Battalion, 5th Marine Regi- legislative body that does not have to Colorado, where Josh grew into an im- ment, 1st Marine Division, based out of accept what the House of Representa- pressive athlete. He discovered water Camp Pendleton, CA. After serving two tives sends and say, well, it is an up-or- sports. Water skiing, wakeboarding, tours in Iraq, he was deployed to the down vote. I had been speaking for and kneeboarding became his passions. Helmand Province, Afghanistan, in some time about what I expected was By high school, this natural ability March of 2011. At this time, Helmand going to happen. At that time, the ma- was generating success on the wres- Province was the most dangerous re- jority whip—Senator CORNYN, the dis- tling team, and he would later rep- gion in Afghanistan and the last hold- tinguished Senator from Texas—got up resent them three times at the State out for the Taliban. and objected to my unanimous consent championships. A few months later, on June 11, a fire request but said there will be an oppor- In 2000, Josh’s high school graduation fight broke out, lasting 6 hours. During tunity for amendments. Obviously, the coincided with his family’s return to the attack, Josh rescued a wounded majority leader put the legislation on Nebraska, where he enrolled at Metro marine while leading his combat team the table, filled the tree, and now there Community College in Omaha. His ath- to safety. He would later earn the is no opportunity for amendments. letic ability was on full display here, Bronze Star for his actions that day. I think the 3.5 million U.S. citizens too, this time riding bulls in the rodeo. Two months later, on August 7, 2011, who call Puerto Rico home deserve Over a year after graduating high Josh was out on patrol and was shot more than being jammed in a legisla- school, Josh would find a new mission. twice by an enemy combatant. He died tive process where their lives and their On September 11, 2001, terrorist at- shortly after. Sgt Josh Robinson was futures are going to be dictated to for tacks on our homeland changed the flown to Nebraska and laid to rest on some time by a control board—and I world and instilled a deep sense of duty August 12, 2011, in Hastings. Saint will talk about that at length—by a and patriotism for Josh. Like so many Cecilia’s Church was filled for the fu- control board for which there are no others in the days that followed, he an- neral service, and hundreds of Patriot elected representatives from Puerto swered the call to military service. His Guard riders led his procession. Fellow Rico, no one whom the Governor and mother Misi remembers his passion marine Lance Corporal Bristol often Legislature of Puerto Rico get to name during that time, saying: thinks of Josh, saying: on behalf of the 3.5 million citizens and Our freedom was put on the line. It takes Every day I was able to walk alongside who can determine just about every young men like Josh to enlist and protect Sergeant Robinson was a gift. He can never facet of their life. Yet there cannot be the USA. be replaced as a Marine, a leader, or a friend. a simple amendment here. By 2003, Josh had enlisted in the Ma- To his wife Rhonda, he was a ‘‘man’s The citizens of Puerto Rico are citi- rine Corps. That year, he also met the man’’ and an ‘‘amazing Marine broth- zens. They deserve to be treated as citi- love of his life, Rhonda Zaruba of er.’’ He took new marines under his zens, not servants. They deserve to be Bennington, NE. They connected im- wing, and he would bring them home to treated in a way that beholds a history mediately and were engaged shortly meet Rhonda and their children. of proud service to the Nation. They after Josh returned from basic training Josh’s sons Kodiak and Wyatt will deserve to be treated as citizens, not in 2004. Rhonda recalls the advice remember motorcycle rides with their subjects—not subjects. If all we can do Josh’s marine friends gave him at the dad. They will cherish memories of him for the people of Puerto Rico is have a time: Never buy a truck, and never get teaching them how to ride the mechan- very prolonged understanding of what married. In 2004, he did both. Josh and ical bull and the snow ski. this legislation will do to the people of Rhonda were married in Omaha later Nebraskans will remember Joshua Puerto Rico, then that is what I intend that year. They grew in love and had Robinson for what he embodied and to do. I would let my colleagues know two sons—Kodiak, who is now 10; and what it means to be one of the few, the I intend to be here for some time to Wyatt, now 9. Together, Josh and proud—a marine. talk about this legislation, that it is Rhonda navigated their family through Sgt Joshua Robinson earned the Pur- not a promise, the consequences to the Josh’s two deployments to Iraq. Like ple Heart, the Combat Action Ribbon, people of Puerto Rico, and to hopefully so many military families, they en- and was posthumously awarded the get my colleagues to understand there dured the pain of separation on birth- Bronze Star. He lived his life the way is another pathway, which is not to in- days, anniversaries, and holidays. His he served his country—with distinction voke cloture, therefore giving us the service was their service. and with great honor. wherewithal to have amendments to No one was surprised by Josh’s suc- Sgt Joshua Robinson is a hero, and I make the legislation achieve its stated cess in the military. His mother says am honored to tell his story. promise, which the goal is to ulti- Josh took the skills he learned as a boy Mr. President, I yield the floor. mately give a pathway to the restruc- in Nebraska and he placed them in the I suggest the absence of a quorum. turing of Puerto Rico’s $70 billion in service of his Marine Corps brothers. The PRESIDING OFFICER. The debt under the Bankruptcy Code. The As a soldier, he taught courses in clerk will call the roll. only reason to consider any legislation tracking and mountain survival. As a The legislative clerk proceeded to at all is to find a way to give Puerto scout sniper with the 1st Marine Divi- call the roll. Rico the opportunity to achieve a path- sion, he taught high-angle shooting Mr. MENENDEZ. Mr. President, I ask way to restructuring its debt under the and mountain survival at California’s unanimous consent that the order for Bankruptcy Code. Mountain Warfare Training Center. the quorum call be rescinded. They had elements of that ability in Josh taught his marines, and he also The PRESIDING OFFICER. Without the law before. Somehow, in the dark nurtured his sons. He showed Kodiak objection, it is so ordered. of night, someone or some entity went and Wyatt how to identify different PROMESA ahead and included in legislation the animal tracks, and by a very young Mr. MENENDEZ. Mr. President, I taking away of powers they had of hav- age, both boys were masters. They still come to the floor, as I have many ing some element of access to the remember how to read raccoon and times over the last nearly half a year, Bankruptcy Code. No one can find the deer tracks. to talk about the challenges the people legislative history of why that hap- Josh’s fellow marines, who referred of Puerto Rico have. I came to the pened to the Government of Puerto to Sergeant Robinson as ‘‘Robbie,’’ say floor last week to ask consent to bring Rico, but it did. The only reason to he was fearless. Through extraordinary to the floor the bill that the House of consider legislation in the first place is survival skills, Josh kept his men alert Representatives called PROMESA— to have a clear pathway to restruc- and safe. As fellow marine LCpl Gavin which, in Spanish, means ‘‘promise’’ turing so the enormous challenges the Bristol put it: but is anything but a promise to the people of Puerto Rico are facing can be

VerDate Sep 11 2014 01:01 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.037 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4610 CONGRESSIONAL RECORD — SENATE June 28, 2016 alleviated and there can be a better fu- structuring now and get access to the le-down economics—giving tax breaks ture, but that is not what this legisla- bankruptcy process—which, by the to the wealthy, cutting Social Secu- tion does. I will talk at length about way, would be determined by a bank- rity, cutting Medicare, cutting Med- what the legislation does and does not ruptcy court under the normal process. icaid, cutting education—is the way do, but the essence of what I want to When you go for restructuring, you go they would like to see our country show is the reasons this bill is simply to a bankruptcy court, and the judges move forward. Does my friend from not acceptable. or judge assigned the case will make New Jersey have any doubt, if you have They, meaning this control board those determinations. a financial control board dominated by which is appointed—remember, again, Obviously, restructuring is not a tax- four Republicans, that is exactly the two members by the Speaker of the payer bailout because restructuring is type of philosophy that will be imposed House, two members by the Senate ma- to take the debts that exist and re- on the people of Puerto Rico? jority leader, one by the Senate minor- structure them in such a way they can Mr. MENENDEZ. My colleague from ity leader, one by the House minority make payments and at the same time Vermont is onto something. One of the leader, and one by the President; there- deal with essential services for the 3.5 things the control board can actually fore, four Republican appointments and million U.S. citizens who call Puerto do is set the budget for Puerto Rico. As three Democratic appointments, of Rico their home. No, it is not a bailout, you and I both know—you have been on which only one has to have their prin- but even to get to that restructuring, the Budget Committee for some time— cipal domicile or business on the island guess what, you don’t need four out of probably the most significant things of Puerto Rico. That person could have seven, a simple majority. We grow up— Members of Congress can set is a budg- their primary business in Puerto Rico I see our pages here—we grow up learn- et, which is a reflection of our prior- ities, right? How much do we believe but not live in Puerto Rico, and there ing that majority rules, but, no, not for we should spend on education, on would be no say on behalf of Puerto the 3.5 million people of Puerto Rico. health care? How do we provide tax Rico’s elected leadership and no say on We will say a supermajority has to breaks so students don’t graduate behalf of the 3.5 million people on the vote, which means five of the seven under a mountain of debt—something island about how their future will be have to vote to allow restructuring to dictated. my distinguished colleague has made a take place. major issue in his Presidential cam- Yet this control board that makes What does that mean? It means a mi- the ultimate decisions on so many crit- paign. How do we ensure we give tax nority, three of those seven members, breaks, such as the earned-income tax ical elements—including the very es- could forever not allow Puerto Rico to sence of why we are having legislation credit which the people of Puerto Rico get access to restructuring. When did don’t get access to. The budget sets a in the first place, which is to create a that become the process in which a mi- series of standards. The control board pathway toward restructuring—the nority can make such a determination, will set that budget. If it wants to view legislation says: ‘‘The Oversight Board an unelected minority can make such a austerity as its fiscal idea as to how may certify a plan of adjustment only determination to affect the lives of 3.5 you achieve prosperity—prosperity if it determines, in its sole discretion. million people, and instead of a major- through austerity—it will be able to do . . . ’’ This phrase, ‘‘in its sole discre- ity view, it is a minority view? It is a that. I think the Senator is right. An tion,’’ will appear nearly 30 times pretty amazing extension of power. example of that is when there are pro- throughout the legislation we are I see my colleague is on the floor. I visions included that really have no going to be voting on, and I have read would be happy to yield for a question place in a bill for restructuring, that the legislation fully at least twice, without losing my right to the floor. talk about eliminating the minimum- from cover to cover, and nearly 30 Mr. SANDERS. Yes. wage guarantees for certain parts of times, in critical elements about crit- Mr. MENENDEZ. If the Senator has a the Puerto Rican society and elimi- ical decisions the control board will question. nating overtime protections. I am sure have over the people of Puerto Rico, we Mr. SANDERS. I have a question. It the Senator from Vermont is concerned don’t even define what the parameters is a long question, but I certainly want about those. are. We say: in the control board’s sole my friend from New Jersey to respond Mr. SANDERS. I am. Let me ask the to that question. discretion. That is an incredible grant Senator from New Jersey, a significant I ask my colleague from New Jersey, of power, ‘‘in its sole discretion, that it part of Puerto Rico’s $70 billion debt is this legislation smacking of the is consistent with the applicable cer- has been acquired in recent years by worst form of colonialism, in the sense tified Fiscal Plan.’’ vulture funds. These are folks who pur- They have the discretion to grant or that it takes away all of the important chase bonds for as little as 29 cents on deny restructuring. There are a whole democratic rights of the American citi- the dollar and who get interest rates of series of hurdles we will talk about as zens of Puerto Rico? Basically, four Re- up to 34 percent. I believe something to what is necessary for them to even publicans, who likely believe in strong like one-third—I may be wrong on this, grant that determination, which is in austerity programs, will essentially be but I believe about one-third of the their sole discretion. They may never running that island for the indefinite debt of Puerto Rico is now controlled get to the point they feel Puerto Rico future. Would my friend from New Jer- by these vulture funds. People who should have access to restructuring, sey agree this is colonialism at its buy, by definition, ‘‘risky bonds’’ but which is the only reason we are even worst? now want to get 100 percent on the dol- considering legislation, because they Mr. MENENDEZ. Absolutely. The lar, despite the fact that they paid a are supposed to have access to restruc- Senator from Vermont is right. I have fraction of what the bond is worth— turing. called this legislation the ultimate from a moral perspective, should the By the way, that control board—non- neocolonialism we as a Congress would U.S. Senate be supporting legislation elected, sole discretion, only one per- be passing. It treats the citizens of which allows vulture capitalists, some son from the island of Puerto Rico, ei- Puerto Rico like subjects, not citizens. of whom are billionaires, to make huge ther their business or their residence is It doesn’t allow them to have a voice. profits while at the same time nutri- going to be represented there—neither They get no one on the control board. tion programs and educational pro- the Governor nor the legislature may Yet the control board can dictate budg- grams for low-income children in Puer- exercise any control, any supervision, ets. It can dictate budget cuts. It can to Rico are cut? Does that sound like any oversight, or any review over the dictate what is or is not sufficient for the kind of morality that should be control board or its activities. That the running of essential services. It passed in the U.S. Senate? control board of seven members needs will dictate whether the pensions get Mr. MENENDEZ. My colleague is what to get to a restructuring? It treated fairly. My colleague is correct. right. It is a real concern in the legisla- doesn’t need a majority vote. It needs a Mr. SANDERS. I ask my friend from tion as it appears. It says here, to read supermajority vote, so instead of four New Jersey—there is a very strong dif- to my colleague: ‘‘The Oversight Board out of the seven ultimately saying to ference of opinion in the Senate and in shall determine in its sole discretion Puerto Rico: All right. You met the the House about economic issues. Many whether each proposed Budget is com- standards we set. You can go to re- of our Republican friends think trick- pliant with the applicable fiscal plan.’’

VerDate Sep 11 2014 01:01 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.032 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4611 There are other sections here, to go to Mr. MENENDEZ. No, the Senator is an up-or-down vote on the Senate floor the Senator’s particular question, right. Not only is it $370 million, but in June, on the verge of the Fourth of which say: Before the board ever con- the legislation specifically says Puerto July recess—an up-or-down process siders—if it ever does—access to re- Rico must have a dedicated source of with all of the challenges that this leg- structuring, it is going to, in essence, if funding. We know what this means in islation has for the people in Puerto you read the language, not only urge this institution, a dedicated source of Rico. but it is going to judge as to whether funding. That means a guarantee of At that time, I talked about the is- Puerto Rico worked out a deal with its that money. There must be a dedicated land’s health care system adding addi- creditors, including the vulture funds. source of funding to pay the $370 mil- tional pressure to the overall financial It can hold Puerto Rico to such a lion for the seven-member board and system and about the way in which we standard in its sole discretion because whatever staff, in their sole discretion, fund those health programs—Medicare, we don’t define in the legislation what they decide to hire. Medicaid. How we treat them as it re- is the standard of a reasonable attempt Mr. SANDERS. So it means, or it lates to U.S. citizens living in Puerto to compromise with your creditors. certainly could mean, the closing down Rico is different, part of which has That is fine, a reasonable attempt to of schools, nutrition programs, and been their challenge. compromise with your creditors, but if health care in order to fund—and I can- Then I came back to the floor in De- your creditors believe they have you by not for the life of me understand how a cember of 2015 to once again speak the neck and they want to continue to seven-member committee can spend about the urgency of the moment and squeeze and they believe there is a con- $370 million, but this will be taking to give us the time to think intel- trol board that is going to back them away perhaps basic needs from hungry ligently about how we help the people up and allow you to squeeze, and every kids in order to maintain what seems of Puerto Rico meet their challenge time Puerto Rico comes to the Gov- to me an extraordinary bureaucracy. and at the same time be able to do it in ernor of Puerto Rico, who has no vote With that, I thank the Senator from such a way that respects their rights as or say here, except to recommend— New Jersey for his leadership, and I citizens of the United States. comes to the control board and says: look forward to working with him. I came to the floor on December 9 of Guess what. We have tried and tried, Mr. MENENDEZ. I thank the Senator 2015 to ask unanimous consent to pur- and we have negotiated in good faith for his concern and his points. sue a proposal we thought was rather with these creditors, including vulture Mr. President, I have come to the modest. There were four things we funds, but we can’t come to an agree- floor time and time again with a sim- needed for the citizens of Puerto Rico, ment because they want too much, and ple message: PROMESA, the name of and for Puerto Rico to have access to we have to provide police services, fire this legislation, which means ‘‘prom- the Bankruptcy Code, restoring certain service, education, and health care. I elements of that, which, of course, mean, here is an island—part of the ise’’ in Spanish, is not a promise. It is United States as a Commonwealth, a power play, leaving the people of would not cost the Treasury a penny, with 3.5 million U.S. citizens—which Puerto Rico unable to manage their nor would it raise the deficit. We tried ultimately is at the epicenter of the own government, make their own deci- to get a focus then—because already at Zika virus and its challenge and yet sions, do what they believe is right. I that time there were serious financial they can continually be forced to deal have been concerned exactly about issues on the island—and we had an ob- with their creditors in such a way that this, and I have my remarks going jection by the chairman of the Finance the concern my colleague has might back to September 22, 2015, when I Committee saying that there were ne- actually be materialized by the board started off those remarks by saying, ‘‘I gotiations underway to come to an itself. rise today deeply concerned that the agreement. That was December 9, 2015. Mr. SANDERS. Let me add another growing economic crisis in Puerto Rico Then in March of 2016, we introduced point to that very discussion, which I threatens to destabilize the island, and legislation that I think would be a far have a hard time understanding and that we must [step in] and help our fel- greater set of circumstances, enabling maybe my friend from New Jersey can low American citizens before the finan- the people of Puerto Rico to see a fu- educate me on this. As I understand, in cial crisis becomes a calamity.’’ Sep- ture but a future they would help de- this bill, there is a requirement that tember 22, 2015. termine. Yes, it had overtures of an Puerto Rico, a territory that has been I talked about the fact that if you do oversight board—but not a control experiencing a 10-year depression, a not act, the results of a financial dis- board that controls their destiny—with territory in which over half of the chil- order would be much more expensive, a greater representation under certain dren are living in poverty, a territory much more chaotic both in the long standards of people’s abilities that in which many schools have been shut term and the short term, would cost would ultimately be brought to serve down, where people have been laid off, Puerto Rico and the United States, and on the board. where unemployment is sky high, that the fact is that a potential solution I thought that legislation created the within this legislation, there is the im- rests in the hands of the administra- right structure; created a true over- position that the people of Puerto Rico tion with Treasury and HHS. sight—not control—board; created are going to have to pay for this con- I talked about legislation that we in- standards that are clear and concise trol board to the tune—and I don’t un- troduced at that time, along with some and that the people of Puerto Rico and derstand this—of $370 million. You of our colleagues, that would allow the its government officials would know— have a board of seven people. No. 1, government of Puerto Rico to author- ‘‘This is what I must do in order to how in God’s Name do you run up an ize its public utilities to rework their achieve a pathway to restructuring’’— administrative cost of $370 million? debts under chapter 9. and that represented the people of Yes, you need staff and you need all We also talked about the fact that Puerto Rico, as well as the leaders of that stuff, but $370 million to run a even though Puerto Rico pays about a the Congress, and that gave us an op- small bureaucracy sounds to be totally third or so of every dollar that they get portunity to ensure that any restruc- off the charts. Then, to tell the people in revenue towards interest, which is turing plan was based on an objective of Puerto Rico, you are going to have unsustainable, that but for those inter- and independent analysis of the is- to shut down schools, you are going to est payments, they would actually be land’s situation and provided assur- have to shut down health services, we running a surplus—a surplus—if they ances to creditors that future govern- may take away the pensions of your didn’t have debt payments. ments would adhere to a prudent, long- workers, and, oh, by the way, you are We talked about an effort that was term fiscal plan, while reaffirming and going to have to pay $370 million in supported by the nonpartisan National representing and respecting Puerto order to fund this control board—am I Bankruptcy Conference and numerous Rico’s sovereignty. That was in March missing anything here? I know this bankruptcy lawyers and judges to help of this year. sounds so absurd that people may the people of Puerto Rico. That was in Then in April we had a press con- think I am misleading them, but am I September of 2015, well in advance of ference to try to bring forth the con- missing anything here or is that the re- the crisis that has now been created, sequences of the need to act at that ality? where we have brought legislation for time—April 28 of 2016.

VerDate Sep 11 2014 01:01 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.034 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4612 CONGRESSIONAL RECORD — SENATE June 28, 2016 Then I came to the floor again on I know of no safe depository of the ulti- would come to me and say: Do I need a May 24 of 2016 to talk about the chal- mate powers of the society but the people passport to go to Puerto Rico? And I lenges that the people of Puerto Rico themselves. And if we think them not en- would look at them, and I thought they lightened enough to exercise their control are facing and to have an informed, in- with the ultimate discretion, the remedy is were jesting, but they were serious. telligent debate and process to get to not to take it from them, but to inform their The people of Puerto Rico are U.S. citi- the type of legislation that would both discretion. zens. They have worn the uniform of solve the problem and meet their But in the case of Puerto Rico, we the United States. They have shed needs. have decided not to help them make blood. They have died. They love this So that continues all the way their own decisions but to take powers country greatly. By the way, one plane through June of this year. To me, as away from the society, as Jefferson flight to anywhere in the United someone who started in September of spoke of, powers away from the 3.5 mil- States, and they have all the full last year to raise the alarm bells—and lion U.S. citizens who call Puerto Rico rights, privileges, and obligations as not only to do that but to then come their home—away from them. any other citizen of the United States, up with a legislative proposal that was So that is what is at the heart of this which means that the human capital embraced by all of the elected leader- debate about PROMESA, which doesn’t flight we are seeing taking place in ship of Puerto Rico, by all of the major really guarantee a pathway to restruc- Puerto Rico is a great flight because parties in Puerto Rico, by the members turing, which subjugates the people of people, seeing there is no future for of their legislature, the Governor and Puerto Rico to a control board on them, will ultimately leave. others who all put out statements say- which they have no direct representa- But I fear that instead of a robust de- ing that this was a pathway that would tion, and they will have to live with bate and thoughtful consideration of respect the citizens of Puerto Rico and the consequences of the fiscal dictates amendments to improve this bill, those give them the tools they need to re- the control board will have edict over who want to see the House bill signed structure their debt, become fiscally in their sole discretion. Yet, who has to into law as drafted have delayed and responsible, and realize the hopes and live with it and who has to pay for it, delayed and delayed until the last pos- aspirations of the people of Puerto as the conversation with Senator sible minute. Rico. So I not only raised the alarm SANDERS revealed? They will. They We can, as U.S. Senators, change bells as of September of last year, I have to pay the $370 million; they have that course of events. I understand created a legislative solution for it so to have a dedicated source of revenue that sometimes the deck is stacked that we could have an informed debate. for it. against you, but I also believe that you What do we have in the greatest de- By the way, this control board—we can reshuffle the deck, that there is liberative body in the world? We have will talk a little bit more about that the power of individual Members of the legislation drafted in the House, for later—has no limits as to how long it is Senate to ultimately say: We need a which there is no opportunity to do going to exist. It says in the first in- pathway that allows us to improve the what the majority leader said he want- stance 5 years, but then it says again, legislation and to improve the lives of ed this Congress and the Senate to do in its sole discretion, when it deter- the 3.5 million U.S. citizens who call more often—to have a full debate and a mines that Puerto Rico has reached a Puerto Rico home. full airing of amendments in such a standard by which they are fiscally on How can we as U.S. Senators shirk way that the voices of the American the right path and have access to the our responsibilities when the people of people, as represented by the Members bond markets. But that discretion will Puerto Rico are at the edge of a great of the Senate, could speak. be totally controlled by the control challenge and yet we don’t want them So my hope is that over the next pe- board in their sole discretion, so they to have a say as to how they meet that riod of time, we are going to have a full could extend their life for quite some challenge? They need our help, and display for our colleagues to under- period of time. they need it today. stand what they will be voting on when So in the spirit of making sure that This bill will affect a generation—a it comes to cloture so that when they the 3.5 million U.S. citizens of Puerto generation—of Puerto Ricans, and we vote, they vote with open arms. Rico have an opportunity for a better owe it to them, as we would our broth- The people of Puerto Rico, unable to path and a real promise, I have many ers and sisters who live in our States, manage their own government, make amendments to offer, many amend- to get it right. their own decisions under this bill— ments that in the aggregate would So let me once again remind every that is what those who vote for it be- show my colleagues what we might one of my colleagues how deeply poor lieve is right. We have heard the words have done, what we could have done, this legislation is and how incomplete of ‘‘Invictus’’: ‘‘I am a master of my and what we still can do by voting it is. In addition to the undemocratic fate. I am the captain of my soul.’’ But against cloture, what reasonable mid- control board and obfuscated path to that apparently doesn’t apply to the 3.5 dle ground we could have reached to restructuring, the bill would actually million American citizens in Puerto truly help solve the crisis and the hu- increase poverty and out-migration Rico who have helped shape the history manitarian catastrophe that awaits rather than stem both. That is because of this Nation, and I will talk about the people of Puerto Rico rather than it provides an exception to the Federal that at quite some length. simply ignore the right of their will minimum wage for younger workers, We have heard the words of Jack and choose the road to colonialism. and it exempts the island from recently Welch, who said: ‘‘Control your own I would note that calls for a thorough finalized overtime protections. destiny or someone else will.’’ Well, ap- debate on the Senate floor are bipar- What does that have to do with a bill parently our Republican colleagues be- tisan in nature. I thank my colleague to allow restructuring so that Puerto lieve in the case of Puerto Rico that Senator WICKER for joining me in a let- Rico can restructure its debt, not pay someone else should, that those 3.5 mil- ter to the leadership asking for a full over a third of every dollar that it lion citizens should not be part of de- and open process to consider this bill takes in to creditors, and be able to termining their own future. They be- with amendments—as many as it will deal with the health, well-being, edu- lieve in an unelected control board take to make it right. cation, and future prosperity of its peo- that can rule with an iron fist, as they I would remind my colleagues that ple? see fit, regardless of what the Puerto each one of us was elected to this very Why is that in here, other than as an Rican people would want. Chamber to debate and enact legisla- experiment in what some would believe Thomas Jefferson said: ‘‘I know of no tion, to improve the lives of Ameri- is the process to prosperity which is safe depository of the ultimate powers cans, and the people of Puerto Rico are through austerity? So the way to pros- of the society but the people them- Americans. I emphasize that fact. perity in the minds of those who will selves.’’ Sometimes I have heard in my con- be voting on this bill—as to my Demo- I have heard many of my friends here gressional career between the House cratic colleagues, I hope they under- on the other side quote some of the and the Senate—some people ask me stand that I have stood with them Founding Fathers, including Jefferson. about—I had Members of the House, when they have talked about raising He said: when I served in the other body, who the minimum wage. Organized labor

VerDate Sep 11 2014 01:01 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.035 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4613 talked about raising the minimum This board is incredibly powerful. So vidual in terms of their health care and wage. We see raising the minimum if this board says: You know, you have their economic output, but it affects wage as a way to create greater rising an opportunity, Governor, to undo the the system of providers, the services, wages for our families. minimum wage and overtime protec- hospitals, doctors, and technicians be- I think one of the great discontents tions, well, that is a lot of power that cause the funding is less. This inequal- we have in this country today, as is that Governor is facing and a board ity in payments comes even as U.S. evidenced in the political process, is that holds Puerto Rico’s future in its citizens on the island pay the same that despite all the major macro- hands to determine whether or not amount in Medicare and Social Secu- economic numbers—where we see the there will be access to restructuring. rity taxes. GDP rising, where we see unemploy- So, guess what. We are voting for Let me repeat that. Citizens on the ment lowering, where we see all of the this. We are going to start the demise island of Puerto Rico, who are U.S. realities of low interest rates, a strong of the minimum wage and overtime. If citizens, pay the same amount in Medi- stock market, and all of these macro- you somehow think you can narrow it care and Social Security taxes as those economic indicators that would sug- to the citizens of Puerto Rico, who are of us on the mainland, yet we reim- gest everything is good—for the aver- U.S. citizens, then you are saying that burse them at different rates. age American, their challenge is that they are not citizens but that they are, So despite paying their fair share of they see their wages and income stag- in fact, subjects. taxes to pay for these vital health pro- nant, and yet they see their challenges At a time when we are working to in- grams, the island’s health system is rising—paying a mortgage, putting crease workers’ wages, this legislation funded at half the rate of other U.S. food on the table, educating their kids, goes in the opposite direction. It actu- providers, which is an unsustainably having them graduate but not under a ally cuts workers’ wages. low rate. Is it any wonder, given this mountain of debt, being able to think It amazes me that the solution to inequality, that doctors on the island about retirement in the future, and in- Puerto Rico’s economy growing again aren’t able to sustain a practice and creasingly having to take care of a is to ensure that workers can make are moving to the mainland? loved one, as my sister did with my even less money. I don’t think lowering The ‘‘mass exodus of doctors,’’ as it dear mother who faced the challenges people’s wages is a pro-growth strat- was called in a story on National Pub- of Alzheimer’s before she died. That is egy. It is a pro-migration strategy, be- lic Radio this year, is having a dra- a very American story. cause if I am a U.S. citizen living on matic effect on the island’s population. What is our answer to that? Our an- the island of Puerto Rico, and I say: Unlike other critical issues facing the swer to that for the people of Puerto Wow, if I take a flight to Newark, NJ, island, a prolonged emigration of Rico is to cut their wages. Let’s not or if I take a flight to Orlando, FL, or health care providers to the mainland guarantee you a Federal minimum if I take a flight to New York City or United States cannot be reversed wage, and, by the way, if you are forced to anywhere else in this great country quickly because once these providers to work overtime, let’s not give you and if I get a job there, I will have a have relocated, they are unlikely to re- the protections that are given in the full minimum wage paid and I will turn. Their absence is already leading laws of the United States. have overtime protections. By the way, to a tremendous gap in the health care So for U.S. citizens, my colleagues I am going to have access, if I am a workforce, further exacerbating the here advocate to raise the minimum senior citizen, to have all of my Medi- difficulty Puerto Rico residents face wage, have overtime protections, and care paid for, like any other U.S. cit- when seeking care. This funding in- do what Secretary Perez did in pro- izen. If I have a child eligible for Med- equality is largely responsible for the viding the overtime protections. But icaid payments, I will get the full pay- fact that health care accounts for roughly a third of the island’s debt. for the people of Puerto Rico, it is OK. ment. When I work in the United Let me repeat that. The funding in- Now I know some colleagues will say: States, I will have access to the child equality for the U.S. citizens in Puerto Well, that provision suggests that the tax credits which I don’t have in Puer- Governor would have to invoke that. Rico is responsible for the fact that to Rico. There is a whole host of rea- health care accounts are roughly a He would have to invoke not having a sons why cutting the minimum wage minimum wage for certain younger third of the island’s debt. So when we and workers’ wages isn’t about improv- talk about the people of Puerto Rico workers and that, as to the overtime ing the opportunity to have a pro- protections, he would have to invoke and whatever their governmental lead- growth strategy. It is going to drive a ers have decided in the past, we have waiving the overtime protections. The pro-migration to the United States. All contributed as a Congress, treating the problem is that this control board it will do is intensify the out-migration people of Puerto Rico with such a dis- could very well say in its sole discre- to the mainland, where people are eli- parity that they have had to use a tion: You know what; you can’t afford gible for higher minimum wages and third of their own money, which has to pay the minimum wage to your peo- commonsense overtime protections. been generated in debt, in order to ple. You can’t afford overtime protec- In addition, this bill does nothing—I meet the health care of those U.S. citi- tions. You should really consider re- repeat, nothing—to fix the impending zens. How is that fair? voking that. health care funding cliff, a crisis that So we have contributed to this crisis, Since that control board is the only will impact generations of Puerto and our idea of helping to solve the cri- guarantor or decider of whether you Ricans not just today but obviously for sis is to create an unelected control will get access to restructuring, that is years to come. For decades, the health board that has total say, that can cut an awful lot of power to weigh on the care system in Puerto Rico, most nota- budgets, that can have austerity, that Governor of Puerto Rico. If they say to bly Medicare and Medicaid, have been can eliminate minimum wage and over- him: We believe the Republicans and grossly underfunded. If we talk about time protections, and that does noth- the majority of the Congress have de- poor choices that maybe various ad- ing to equalize the fairness and reim- cided that there should be this excep- ministrations in Puerto Rico have bursement on the health care that I tion. Ultimately, you should really re- made on both sides of the equation, just described as the cause of nearly voke that. That is why they put it well, we have exacerbated their cir- one-third of the debt. there in the first place—that control cumstances by the way in which we This is not a problem of bad doctors board will have an enormous amount of have treated the U.S. citizens in Puer- or irresponsible patients. It is a prob- power. to Rico. They receive rates that are lem of unfair treatment and bottom- Reading from the legislation: half of those anywhere else in the basement funding levels that have driv- A fiscal plan developed under this section country. If you are a U.S. citizen living en the island’s health care system to a shall, with respect to the territorial govern- in Puerto Rico under Medicare or Med- breaking point. I don’t want to make ment or covered territorial instrumentality, icaid, you get half, roughly, of those provide a method to achieve fiscal responsi- light of the decisions facing providers bility and access to the capital markets . . . rates of anywhere else in the country. in Puerto Rico to move off the island. [and] adopt appropriate recommendations So if you come to the United States, On the contrary, I can only imagine submitted by the oversight board under Sec- you get the other half. You get full how difficult it is to uproot your fam- tion 205(a). . . . ’’ funding. That not only affects the indi- ily to move to the mainland, leaving

VerDate Sep 11 2014 01:01 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.040 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4614 CONGRESSIONAL RECORD — SENATE June 28, 2016 behind your whole legacy, your whole and stem the tide of doctors and other ease that is not only sexually trans- family, friends, schools, and, in the providers fleeing for the mainland. The mitted but has potentially devastating case of providers, patients who rely on grand irony of the whole situation is effects on fetuses. So that doesn’t them for critical care. So this decision that my Republican friends since day make any sense. cannot be easy for those providers who one have refused to consider providing The people of Puerto Rico deserve ac- are still in Puerto Rico today, but it this type of equitable treatment to cess to health care. They deserve to has become increasingly difficult to Puerto Rico. I don’t want to make as- know that the taxes they paid to fund put off longer. sumptions on motives, but it appears critical programs such as Medicare and There is already a serious lack of that not only do they support the sta- Medicaid will be available to them just providers to cover the needs of the is- tus quo on Puerto Rico, but they are as they are to any fellow Americans on land’s residents. With doctors leaving also actively working to impose the the mainland. They deserve to know the island in droves, it is a situation same short-sighted, doomed-to-fail their doctors can sustain a medical that is getting worse literally day by policies on the other Medicaid pro- practice and that they will be there to day. The situation facing health care grams we have on Puerto Rico as well. treat them when they are sick. Above in Puerto Rico has truly hit a crisis Just last week, Republicans released all, they deserve to be treated with eq- point. a white paper calling for the imposi- uity and fairness like any other Amer- Now, let me take a step back and tion of so-called per capita caps on the ican—this is a central point—not like look at how the island’s health care Medicaid program. This policy, a block second-class citizens simply because system got to this point, because it is grant by any other name, would be dev- they call Puerto Rico home. all part of why they have a fiscal chal- astating for our Nation’s Medicaid pro- Let me go through some of the chal- lenge. gram, imposing the same funding limi- lenges of why this bill is, in my view, Take Puerto Rico’s Medicaid Pro- tations on Medicaid programs through- simply not acceptable. Here are five gram. It is called miSALUD, or my out the country as we are currently ex- critical flaws of this legislation. It has an undemocratic, neo-colonial health, and this vital program covers periencing in Puerto Rico. We see the control board, a majority appointed by half of all Puerto Ricans. It is a basic results of those caps. Republicans but none by the people of lifeline to more than 1.4 million people, As we stand here today, watching in Puerto Rico—none. So this would be but it is capped and therefore limited real time as Puerto Rico’s Medicaid the equivalent of our States having a in what it can do. Unlike the Medicaid program is in crisis and facing a fund- challenge, and the Governor of that Program in my State of New Jersey or ing cliff set to cause chaos for more State and the legislature of that State in any of the other 49 States or the Dis- than a million beneficiaries, Repub- and no one who resides in that State trict of Columbia, the Medicaid Pro- licans have said to the people of this having anybody on a control board gram in Puerto Rico is limited in the country: We refuse to accept that re- that is going to dictate its future—no funds available to cover the health care ality and admit that capping Medicaid one who comes from the elected rep- costs of its beneficiaries. is a terrible idea with catastrophic resentatives of that State. So that Mississippi, which has a smaller over- Medicare and health care con- State would be told ‘‘By the way, here all population and less than half of the sequences. On the contrary, what we is what you are going to do’’ by an Medicaid enrollees as Puerto Rico, re- see in Puerto Rico—we want to make unelected, undemocratic control board. ceived a whopping 74 percent of its that the reality for the rest of the Na- Secondly, I hear a lot that sup- Medicaid funds from the Federal Gov- tion. posedly the hedge funds are all against ernment last year. In Puerto Rico, It is not a surprise. I know many— this legislation. Well, it has a however, the percentage was only 55 not all, but many—of my colleagues prioritization of hedge funds over retir- percent, and it is set that low in stat- have refused to acknowledge the bene- ees and essential services. You have to ute. fits of Medicaid, not only to the mil- read the language of the PROMESA During the debate on the Affordable lions of people who rely on it to get legislation. It is clear that it not only Care Act, I was able to successfully en- health care, but there are billions of reaffirms some of what it says in the sure that additional funding was in- dollars left on the table in Republican- Puerto Rican Constitution, but it goes cluded to help the territories. This led States that refuse to expand Med- beyond. It has a prioritization of those funding amounted to more than $7 bil- icaid under the Affordable Care Act. hedge funds over retirees and essential lion in total, of which $6.3 billion went Unfortunately, in the case of Med- services. to Puerto Rico and has helped to keep icaid, reality plays a diminished role in As I have said before, there is a lack the program solvent. But that is about Republican policy development. This is of a clear pathway. The only reason we to expire at the end of fiscal year 2019. true when it comes to the very serious are even considering legislation is to While this may seem way out into the threat of Zika in Puerto Rico. Accord- grant Puerto Rico access to the bank- future, there is a good chance that the ing to the Centers for Disease Control ruptcy courts for restructuring. It had funding will run out sooner rather than and Prevention, there are already more some of that capacity in the past. later, and some estimates have the than 1,800 cases of locally acquired Somehow it was taken away. It lacks a funding being used for other health ex- Zika infection. That is infinitely more clear pathway to restructure. It re- penses by this time next year. I want than the rest of the country, which has quires a 5-to-2 super majority vote, to add that those estimates were made a combined total of, as I understand it, which means that a minority—three before we knew of the gravity of the zero locally acquired infections. That members—can hold back or never grant Zika virus and what it is imposing means that the people in Puerto Rico a pathway to restructuring or make it upon the people of Puerto Rico. It is a face a risk everywhere they are—at go through such incredible hurdles, in- topic I want to momentarily discuss home, at work, at school. cluding how it deals with creditors, be- further. Let’s not forget that 68 percent of the fore it ever guarantees—if it ever guar- But Puerto Rico is, in essence, the island’s population enrolled in either antees in its sole discretion—whether epicenter in terms of the United Medicare or Medicaid. Therefore, the Puerto Rico has met the standards to States, as part of the United States threat it poses for a health care system qualify for the pathway to restruc- and its Commonwealth status, of the on the brink of collapse cannot be over- turing. It would only happen if they challenge of the Zika virus. stated. vote to do so. The solution to the impending Med- This morning the Senate voted not to The whole purpose of this legislation icaid funding cliff is clear: Provide the invoke cloture on a bill to provide was to give Puerto Rico access to re- same open-ended funding stream in the funding on Zika because it not only structuring. Yet we are creating a con- same way as any other State. This lacks the funding necessary for an ade- trol board with a super majority, which would immediately provide Puerto quate response for Puerto Rico—and, means a minority can dictate what the Rico’s Medicaid program with the in- for that fact, the entire country—it majority view might be, and that mi- flux of funding it needs to more ade- also includes several unacceptable pol- nority can hold the 3.5 million U.S. quately cover costs, ensure that bene- icy riders. One example is to further re- citizens of Puerto Rico hostage to a fu- ficiaries are able to get treatments, strict access to contraception for a dis- ture that they certainly don’t want.

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.041 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4615 It has continued disparity in health The PRESIDING OFFICER. The Sen- guage of the House Interior Committee care funding, as I was just speaking ator does not have the right for a unan- and the powers of the board so we un- about, and tax credits. imous consent, as the Senator does not derstand why it is that I feel compelled And it goes to a $4.25 per-hour min- have the floor. to try to convince my colleagues—in imum wage with no overtime protec- The Senator from New Jersey has the the face of there being no amendment tions. So if you live in Puerto Rico, the floor. process allowed—to vote against clo- way to get ahead is to have your min- Mr. INHOFE. Yes, I understand that. ture, create an opportunity, a pathway imum wage cut for a certain group of Mr. MENENDEZ. Thank you, Mr. toward amendments, have up-or-down citizens, as dictated by the legislation. President. votes to them, hopefully improve the Let me talk about this disparity in If there were a procedural way, I legislation, and then be able to move health care funding and tax cuts. The would be happy to accommodate my forward. same kind of disparate treatment is colleague, but since there is not and This is what the House Natural Re- also prevalent for individual tax cred- since there are no amendments being sources Committee said. These are not its such as the earned income tax cred- permitted on this legislation, I have no my words or my interpretation of it. it and the child tax credit. other choice but to speak up for the 3.5 This is what the House Natural Re- Despite serving our country and million U.S. citizens who call Puerto sources Committee said: ‘‘The Over- being subject to payroll taxes, the 3.5 Rico home because they will not get an sight Board may impose mandatory million American citizens of Puerto opportunity for amendments to be de- cuts on Puerto Rico’s government and Rico are not eligible for the EITC and bated or passed. instrumentalities—a power far beyond only partly eligible for the CTC. In par- So at a time where the labor force that exercised by the Control Board es- ticular, the earned-income tax credit is participation rate, which measures the tablished for the District of Columbia.’’ a ready-made tool that has been proven share of adults who are working or Think about that. The oversight to reduce unemployment and poverty seeking work, is 40 percent in Puerto board may impose mandatory cuts— and increase labor participation and Rico, it is far below the 62 percent not that they are going to suggest to economic growth. It encourages people throughout the country. So the earned- the Governor and Legislature of Puerto to enter the workforce rather than income tax credit would be a tremen- Rico: Hey, here is a series of things we being part of an informal economy that dous opportunity. This legislation does think are wasteful. Here is a series of strips away the tax base. Numerous nothing as it relates to that, even in things we think you could do better. studies have shown the power of the the face of Puerto Rico’s unemploy- earned-income tax credit to draw peo- ment rate at 11.7 percent compared Here is how you could save money: You ple into the workforce to increase earn- with 4.7 percent for the United States should prioritize public safety over ings and reduce poverty. as a whole. public health. You should prioritize The labor force participation rate, At the height of the 2008–2009 finan- public education over something else. which measures the share of adults cial crisis, unemployment peaked at 10 They will make the absolute deter- who are working or seeking work, is 40 percent in October of 2009—10 percent mination in their sole discretion on percent in Puerto Rico, far below the at the height of the financial crisis— mandatory cuts on Puerto Rico’s gov- nationwide rate of 62 percent. If there yet far below Puerto Rico’s current ernment and its instrumentalities. were at any time an area in the United 11.7-percent unemployment rate. It is ‘‘Instrumentalities’’ means the dif- States that needed access to the fair to say we would be having a much ferent agencies, whether it be the earned-income tax credit to incentivize different debate today if we were talk- power agency or the higher education work—to create that possibility—it is ing about a State that had an unem- authority or any other. That is what is in Puerto Rico. ployment rate of 11.7 percent. meant by ‘‘instrumentalities’’ or the The Department of Labor estimates In relation to Puerto Rico, some of ‘‘municipalities.’’ It has a wide range— that Puerto Rico’s unemployment rate my Republican colleagues have sug- basically any governmental entity, as is 11.7 percent—— gested that there are possible tax in- we would have any governmental enti- Mr. INHOFE. Will the Senator yield centives that would better incentivize ty in any of our States, for example. So for a question? growth, labor force participation and, they would impose the ability to have Mr. MENENDEZ. I understand that I perhaps, investment in the Puerto any mandatory cuts. Remember, this is can yield for a question, but I do not Rican economy, but they dismiss the an unelected board—no representation yield the floor. earned-income tax credit as one of directed by the people of Puerto Rico Mr. INHOFE. I understand that. But those because they say Puerto Ricans from the people of Puerto Rico, but will the Senator please advise us as to do not pay Federal income tax. they are going to suffer mandatory how much longer he will be taking on To begin with, most Puerto Rican cuts on their government and instru- the floor? households do not earn enough to be el- mentalities, and our Republican col- Mr. MENENDEZ. I would be happy to igible for Federal income tax. More im- leagues in the House wanted to pound do so. It will be several hours. portantly, if they were pulled into the on their chests and say ‘‘a power far be- Mr. INHOFE. Would the Senator formal economy through the incentive yond that exercised by the Control mind, since I am going to be talking of the earned-income tax credit, they Board established for the District of about projects in New Jersey and about would be paying more taxes in Puerto Columbia.’’ the WRDA projects in which the Sen- Rico and to Puerto Rico. The District of Columbia’s Control ator has a lot of interest—will he yield Finally, these American citizens are Board is pretty significant. This one, to me to talk about that for 10 min- eligible for the EITC as soon as they as it relates to the 3.5 million people in utes? leave Puerto Rico and come to the Mr. MENENDEZ. My understanding Puerto Rico, this power is far beyond mainland, which is another powerful from the Parliamentarian is I cannot that which the District of Columbia incentive to leave the island, further do that and preserve the right to the has. Also from the House Natural Re- floor. Otherwise, I would be happy to eroding its already limited tax base. sources Committee: ‘‘The board would do that. The latest estimates indicate that ap- Mr. INHOFE. Let me ask the Chair. proximately 70,000 Puerto Rican resi- have broad sovereign’’—sovereign. Is it possible for me to go ahead and dents are now relocating to the States Words mean something in legislation receive from him a specific period of each year in search of economic and when we move it into law. ‘‘The board time at the end of which he retains the employment opportunities. Expanding would have broad sovereign powers to floor? the EITC to the people of Puerto Rico effectively overrule decisions by Puer- The PRESIDING OFFICER (Mr. CAS- could help stem that tide. Once again, to Rico’s legislature, governor and SIDY). That would require unanimous I remind my colleagues that Puerto other public authorities.’’ consent. Ricans are Americans just like you and So if the duly-elected Governor of Mr. INHOFE. All right. me and should be eligible for the same Puerto Rico felt it was important in Mr. President, I ask unanimous con- benefits that we have. the midst of the Zika virus to go ahead sent that I be recognized as in morning In addition to the five critical flaws, and raise the budget of Puerto Rico’s business. let me read to you some of the lan- health care system to deal with that

VerDate Sep 11 2014 05:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.042 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4616 CONGRESSIONAL RECORD — SENATE June 28, 2016 and for some reason the control board illuminated by the bioluminescent or- depleted uranium rounds onto the is- felt they shouldn’t spend that much on ganisms that naturally exist there. land, in violation of the memorandum that, it could overrule that decision. Mr. President, if you have an oppor- of understanding under which the base If the Legislature of Puerto Rico de- tunity to visit Vieques and its bio bay, operated. Not only are the depleted cided to extend the school year for I would encourage you to go. It is truly uranium rounds slightly radioactive, their children in public schools or if an extraordinary sight, with small but they contain toxic heavy metals. they wanted to have a special health plankton in the water that light up in Then, on April 9, 1999, an errant bomb care program for them or if they want- an otherworldly blue when they move. missed its mark and killed David Sanes ed to be able to have students go to On a moonless night, the waves appear Rodriguez, a civilian security guard colleges and universities—and we have to glow in the dark, and kayak tours working at the base, and injured oth- had a great debate in this country leave trails of light behind them as ers. The Navy attributed this tragic ac- about the cost of a university edu- they paddle through the water and ex- cident to human error and cation—and they wanted to subsidize a plore the natural beauty of Mosquito miscommunication between ground greater part of that, the unelected Bay. In fact, since 1980 the bay has crews and the pilot. The death of Mr. seven members of the control board— been listed with the National Park Sanes sparked massive protests in which has no one coming from Puerto Service as a national natural land- Puerto Rico and renewed calls for the Rico itself, directed by the people of mark. Surrounded by mangrove trees, Navy to cease operation in Vieques. Puerto Rico—can make a sovereign de- with a high salt content, the bay is a In July of 1999, when I was a Member cision. ‘‘Sovereign’’ basically means perfect habitat for the bioluminescent of the House of Representatives, I had they have the power to effectively plankton, making it unique, and it is an opportunity to visit Vieques and see overrule decisions by the Governor of widely considered to be the best exam- firsthand the impact of the naval oper- Puerto Rico, who gets elected by the ple of a bio bay in the United States ations there. In the midst of all the de- 3.5 million citizens in Puerto Rico; by and perhaps the world. scriptions of what was going on there, the Legislature of Puerto Rico, which But the history of this tropical para- there was still great patriotism—great gets elected by the citizens of Puerto dise is scarred with a violent and explo- patriotism by the U.S. citizens of Puer- Rico; or by other public entities that sive past. In the 1940s, the U.S. Navy, to Rico and the 10,000 citizens on the may make decisions in that regard. in search of a location for a new base island of Vieques, even in the midst of They can overrule those public entities and testing ground, purchased parcels what was taking place. in Puerto Rico. So it is as if we had a of land on Vieques that amounted to The Navy eventually decided to go. control board in a State that could two-thirds of the entire island. On the We are a decade removed from the ces- overrule the Governor, overrule the eastern half of the island lay the sation of military exercises on Vieques, legislature, overrule the higher edu- Vieques Naval Training Range, on the and much of the Federal land that once cation authority, overrule any entity western end was the Naval Ammuni- housed military equipment has been in that State, but that has no represen- tion Support Detachment, and sand- turned over to a national wildlife ref- tation from the people of that State. uge, but our legacy of failure con- That is in essence what we are saying wiched in between were the residents of tinues. Although the Navy has left, they can do—sovereign powers to do Vieques, the 10,000 U.S. citizens. I am proud to say that my home that. providing some reprieve for the citi- The oversight board can ‘‘effectively State of New Jersey is home to mili- zens of Vieques, they left behind a leg- nullify,’’ which means that is it. You tary installations that are not only acy of toxic contamination. have a law and you think it is a good critical to our national defense but are You can see here in this picture a law for the people of Puerto Rico. Well, a boon to our local economies and an scuba diver off the coast of Vieques we don’t think it is a good law, and we asset to our communities and our standing next to a massive unexploded are going to nullify it—‘‘any new laws State as a whole. And Puerto Rico has ordnance left over from the Navy’s use or policies adopted by Puerto Rico that a long and storied history of support of the island. This is not uncommon in do not conform to requirements speci- for and enlistment in our Armed Vieques. fied in the bill.’’ But again, if those re- Forces. However, the naval installation Vieques has one of the highest cancer quirements were clearly stated, unam- on Vieques was no ordinary base. In- rates in the entire United States and biguous, defined, and we could agree on stead, the Navy used the island—which, the highest in Puerto Rico. Viequesans, that, then maybe that might not be remember, is very small and home to a on average, have two heavy metal-re- such an onerous power. But when near- vibrant local community—as a bomb- lated diseases. Remember those de- ly 30 times you say ‘‘in the board’s sole ing range. From ship-to-shore shelling pleted uranium rounds that were im- discretion,’’ which means ‘‘I get to de- to air-to-ground bombing, Vieques was properly fired? Diseases like hyper- cide what I think is conforming to re- bombarded with live ammunition that tension and cirrhosis occur at an astro- quirements specified in the bill,’’ that left deep and lasting scars on the land- nomically high rate compared to the is an incredibly broad grant of power. scape. rest of Puerto Rico and the rest of the Yet, for the citizens of Puerto Rico, we I frequently hear concerns from my United States. think that is OK. We don’t want that constituents who live near our Air The part of the island used by the here, but it is OK for the people of Force base in New Jersey that the Navy is listed on the national prior- Puerto Rico. planes passing overhead are loud, that ities list as a Superfund site, which I don’t use the word they are disturbing them as they go could and should eventually lead to re- ‘‘neocolonialism’’ lightly. I don’t use about their daily lives. It is a serious mediation, but that progress has been that lightly. But there is a little bit of concern. We have worked with the FAA slow. a history here that is going on, and to monitor and regulate that. But The EPA has identified the possi- maybe there is no better single exam- imagine that instead of carrying pas- bility that unexploded ordnances could ple of our unfair and unjust treatment sengers or cargo to New Jersey, those contain toxins like mercury, lead, cop- of Puerto Rico than the story of the is- planes were dropping military-grade per, magnesium, lithium, percolate, land of Vieques, or La Isla Nina, as explosives that land just a few miles TNT, napalm, and depleted uranium, they call it. This is part of Puerto from your home. Imagine warships among others. A significant part of the Rico. It is a small island, Vieques, just parked off of your shore firing live Superfund cleanup process is identi- 21 miles long and 4 miles wide, located rounds onto your beaches. fying the responsible parties and work- 8 miles off the coast of San Juan. De- Needless to say, this bombardment ing with them to come up with remedi- spite its small size, the island is home was of great concern to the people of ation plans; however, we know who the to about 10,000 Americans. It is a beau- Vieques, but for decades it continued culprit is largely here. It is us. It is the tiful place, with pristine beaches and unabated. It wasn’t until tragedy U.S. Government, and we have a re- one of the few bioluminescent bays left struck that people actually began to sponsibility to the Americans living on in the world. take notice of the plight of the island Vieques to clean up the mess we cre- Behind me, in this picture, you can and to demand change. In February of ated. Even while they were supporting see a jelly fish and a snorkeler that are 1999, 2 AV–8 Harrier aircraft fired 263 the Nation and accepting what was

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.044 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4617 going on and showing their patriotism, island, and they tell me of the chal- In addition to a categorical refusal to give we left them with a Superfund site. lenges. In fact, they also tell me how up our human right to representative democ- This bill won’t do anything to take they cannot believe this is the status racy and government, we consider the eco- care of that responsibility and that of where they are. We have a letter nomic policies in this bill to be grossly inad- equate and detrimental to the goal of restor- cost, so it continues to tell the people that speaks for one of those national ing economic growth and stability. The bill of Puerto Rico: You are good enough to organizations, which I will get to has no clear mechanism for restructuring wear the uniform of the United States, shortly to speak to how those people the debt and there are no defined measures you are good enough to serve the coun- who largely represent the Puerto Rican for economic development. Instead it is clear try, you are good enough to bleed for people feel in this regard. That is why that this bill is designed to impose even it, good enough to die for it, but you many of them feel this legislation per- more. . . . are not good enough to determine your petuates what happened in places like These are the people of Puerto Rico, own future. Vieques, what happened in the dis- who are very bright people, believe me. I think amending the bill in front of proportionate payment in Medicare They have read the bill. They have us to provide real relief would give us and Medicaid, in health care. Yet one come together in a coalition, as I de- the opportunity to do right by the peo- flight away, they have all the rights of scribed at the beginning and the intro- ple of Puerto Rico, possibly even to do any one of us in this Chamber or any duction of their letter. Here is what right by the people of Vieques, to do one of us in this country. they say: right by the American citizens who Under the legislation, the control Instead it is clear that this bill is designed have given so much of their lives to board would have colonial-level pow- to impose even more austerity measures their country and to our military and ers, which are certainly completely un- which would further depress the economy, who have been taken advantage of for acceptable to me and certainly to the exacerbate the ongoing exodus of young peo- our benefit. people of Puerto Rico. In fact, accord- ple and professionals and have the effect of So, again, when we look at this bill ing to a recent poll commissioned by shrinking the tax base. What lies ahead for Puerto Rico should and we see a control board totally un- Puerto Rico’s largest newspaper, El Nuevo Dia, 69 percent of all respond- H.R. 5278 be passed in the Senate is untold representative of the Puerto Rican peo- hardship for the most vulnerable sectors: the ple, except for one person who must ents opposed the PROMESA bill, while elderly, children and the working poor. With have either their primary residence or 54 percent opposed the very idea of an a poverty rate of 46 percent and a shrinking their primary business there—you can oversight board. Think about that. economy, the idea of imposing austerity even have your primary business there This is Puerto Rico’s largest news- measures that would reduce government without being a resident of the island paper. Sixty-nine percent of all re- services such as in health and education is and be part of determining the future spondents oppose the PROMESA bill— unthinkable. Puerto Rico, as of this moment has no of the island’s 3.5 million people—then 69 percent of the people of Puerto Rico. Ultimately, how are you going to have clear mechanism for restructuring its debt you get a sense of why they feel they but an unspecific restructuring mechanism are being taken advantage of. an attempt by an undemocratic control in exchange for giving up our pensions— board to make dictates over 3.5 million (Ms. AYOTTE assumed the Chair.) An unspecific restructuring mecha- I hope we do not continue the legacy U.S. citizens, when 69 percent said: We nism. It goes to what I said, which is of misuse and exploitation. We cannot oppose the legislation, legislation the only reason we should be consid- let this opportunity pass by. We owe it which is supposed to be there to help ering the bill in the first place— to the people of Puerto Rico to have them, and 69 percent said: No, what open and robust debate on this bill and you are offering us is not something we our employment, our health care program want. Fifty-four percent oppose the and our representative democracy is not a to ensure that it provides real relief. path to recovery and cannot be considered an That means having amendments. We very idea of an oversight board, and option. can do it in time. I know some of my that consensus is talked about by a co- The imposition of H.R. 5278 or similar leg- colleagues have suggested that there is alition of many civil society groups in islation on the part of the U.S. Congress, a risk if we don’t have the July 1 dead- Puerto Rico, the Puerto Rican Con- where we have no voting representation— line, but this bill calls for retroactivity sensus Against the Fiscal Board. They Which is why I am standing on the as it stands right now. It takes actions say: floor today to speak on their behalf— and says retroactively—I believe to De- We write to you on behalf of the constitutes a violation of our human rights. cember of last year—that any actions Concertacion Puertorriquena Contra la Furthermore, it places in evidence that the would be, in essence, frozen. So if the Junta de Control Fiscal (Puerto Rican Con- relationship between Puerto Rico and the bill is retroactive to December, then it sensus Against the Fiscal Board); we are a United States has never been anything other broad-based organization that represents nu- than that of a colonial subjugation; which is would be retroactive from whenever it merous civic and political organizations in gets passed and signed into law, which considered a crime under international law Puerto Rico and the continental United regarding the rights of non-self-governing means we could freeze any potential States. territories. action and get it right on behalf of the Our signing members comprise labor syn- The most recent SCOTUS decisions permit people of Puerto Rico. dicates and cooperatives; local business lead- the U.S. Congress to approve H.R. 5278, using Again, I want to focus on what I be- ers, social, environmental and human rights in effect its powers to unilaterally take over lieve are the most significant failings organizations, artists, students and aca- our governance in order to protect the inter- of this bill, most notably the vast demics, religious organizations, LGBTQ and est of hedge funds and bondholders. While feminist movements, special community or- this action by Congress will be seen inter- power and undemocratic nature of the ganizations, cooperative institutions, polit- board. Not only does this legislation nationally as one that unmasks the intrinsic ical parties and immigrants organizations, 118-year-old colonial relationship, such a remain silent on so many important Puerto Rican diaspora groups as well as measure would also evidence the underlying issues, it actually exacerbates the colo- many individual citizens. racism that infuses relations between Puerto nial status and second-class citizenship This multi sectorial coalition has been Rico and the United States. view that some Members of Congress formed as a common front to oppose H.R. We will do everything within our power to seem to have of the 3.5 million Ameri- 5278. Because of the negative consequences stop this bill from being enacted. If the bill that it will have upon all of Puerto Rican so- cans who call Puerto Rico home. I were however, to be approved, we are ready ciety, we respectfully urge you to vote to resist its implementation by all available don’t. That is why I am on the floor against this bill when it is presented in the trying to fight for their rights. Unfor- means. Furthermore, we have also declared Senate. our collective willingness and disposition to After studying the H.R. 5278 bill we have tunately, under their common-law sta- go forward with a plan of broad protests as reached a unanimous agreement that this tus, they don’t have a voting represent- well as acts of civil disobedience in Puerto bill is totally unacceptable. While it is cer- ative in the House of Representatives, Rico and in the United States. As a broad co- tain that Puerto Rico faces serious economic they don’t have a voting representative alition defending the people of Puerto Rico and social challenges, there is simply no way against a great injustice— in the U.S. Senate. that we can consider a solution that would I have one-half million U.S. citizens require our country to surrender its right to These are all their words, not mine— of Puerto Rican descent in my great a democratic government while putting such we have the duty and right to vigorously State of New Jersey, many who have broad dictatorial powers in the hands of a pursue a policy of consistent noncooperation deep ties to family and friends on the few unelected individuals. until the legislation is withdrawn.

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.046 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4618 CONGRESSIONAL RECORD — SENATE June 28, 2016

We urge you to forge a different path, one the members of the Puerto Rican House of being proposed by Senator ROBERT MENEN- that respects our right to democracy and Representatives and the Senate, and the ma- DEZ which would remedy many of the fatal dignity and that is intent on truly fixing the jority of Puerto Ricans . . . oppose this bill flaws contained in this bill. One of these underlying problems; we ask you to vote NO as well. amendments would ensure that our retirees on H.R. 5278. A bill that promises only one thing for cer- are given a real priority during this process. In that same vein, let me read what tain: to end our Republican form of govern- Other amendments are aimed at guaran- Gov. Rafael Hernandez Colon, one of ment with its checks and balances. The bill teeing a minimum level of participation by called PROMESA is known in Puerto Rico as Puerto Ricans on the control board and mak- the most respected public figures in La Junta, a name commonly used for mili- ing sure central services are rendered. Puerto Rico who governed the island tary dictatorships in Latin America. Please, Most importantly, one of these amend- for 12 years, wrote: do not take all its implications lightly. ments would prevent the federal overreach I was governor of the Commonwealth of It is incredible and a shame that the most and wholesale takeover of Puerto Rico’s gov- Puerto Rico for 12 years. In 1993, I handed important piece of legislation considered by ernment by striking Section 205 of over my office to my successor with a mod- Congress regarding Puerto Rico since the au- PROMESA. This would ensure that voters’ est budget surplus, a growing economy, and thorization and approval of the Common- elected representatives have the last say access to the financial markets at reason- wealth Constitution in 1952, effectively de- over the Commonwealth’s government, in- able rates. nies basic principles of democracy and self- stead of a group of 7 unelected Washington I write to request an open debate on the government, trashes that same Constitution bureaucrats. Surely the Governors and state Puerto Rico Oversight, Management and and uses the plenary powers of Congress with legislators of Kentucky and Nevada would Stability Act [PROMESA] which would pro- a mentality reminiscent of 18th century co- not accept the type of blatant violation of vide Puerto Rico much needed relief for the lonialism. their fundamental right to self-government adjustment of debts but will needlessly in- That is why I urge you to vote NO on Clo- that would be imposed on Puerto Rico under flict irreparable and permanent damage to ture and to support the amendments that this bill. the political relationship of Puerto Rico have been filed to create a more representa- For these reasons we urge you to adopt the with the United States of America. tive board, limit the overreaching powers of amendments proposed by Senator MENENDEZ, As recently as June 9, 2016, the Supreme the board, establish a clear and effective as they would avert the violation of Puerto Court of the United States has described this path to restructuring, and really protect Ricans’ democratic rights and ensure the relationship as follows: ‘‘Puerto Rico, like a pensions and basic services to the people. protection of our retirees’ hard-earned public state, is an autonomous political entity, sov- These amendments will eliminate many of pensions. We will therefore continue to op- ereign over matters not ruled by the [Fed- the most aggravating dispositions of this pose the PROMESA bill unless and until eral] Constitution.’’ bill. And if the amendments are not approved these amendments are included in the final This sovereignty over our internal affairs I strongly urge you to vote NO on approval. legislation. is exercised by the people of Puerto Rico Those who are pushing to blindly pass the There is Rafael Bernabe, who is run- bill acknowledge its imperfections and its through our own Constitution under a com- ning for Governor of Puerto Rico for pact entered in 1952 with the Congress of the excesses. They say Congress will need to do United States. more work in the future to help Puerto Rico. the Partido del Pueblo Trabajador. He This compact was ordained in order to es- But you know, as do they and do I that the says: tablish the relationship between Puerto Rico Congressional calendar won’t allow further As candidate for Governor of Puerto Rico and the United States under the principle— action on Puerto Rico for a long time. We for the Partido del Pueblo Trabajador I wish And I am creating emphasis here— will be stuck with the consequences. It’s im- to convey to you our firm opposition to the perative to get it right this time. PROMESA Bill that is now under consider- under the principle of the consent of the gov- The July 1st deadline is not the end of the ation in the Senate. erned. world. The bill already has retroactive provi- We believe that the fiscal and economic Which is the hallmark of our great sions. Don’t make July 1st the end of democ- policies that affect the Puerto Rican people democracy, the principle of the consent racy for Puerto Ricans. need to be adopted by the representatives of the governed. ‘‘ ‘Don’t make July 1st the end of de- elected by the Puerto Rican people. The The Oversight, Management, and Stability mocracy for Puerto Ricans.’’ PROMESA bill violates this fundamental Act needlessly, empowers the Oversight I am going to read some other state- democratic principle as it would create an Board that it creates with the authority to ments to show you the breadth and unelected board that would have consider- able powers to impose or block fiscal meas- override the decisions of the Governor of scope of the opposition, including from Puerto Rico, and the laws of the Legislature, ures and policies in Puerto Rico. Such an or- those who are now running for Gov- ganism would lack all democratic legitimacy thus encroaching on the sovereign powers of ernor. Those are two very esteemed the Commonwealth rendering nugatory the and would only make the resolution of Puer- right to vote of the citizens of the Common- former Governors of Puerto Rico. You to Rico’s debt crisis more difficult. wealth. heard the consensus, the group that Not surprisingly, a vast array of organiza- This empowerment of the Oversight Board came together from all different walks tions in Puerto Rico and the Puerto Rican by the Congress tramples upon the compact of life. But to suggest there is political diaspora have expressed their rejection of providing for self-government and under- this legislation. support from the people of Puerto Rico In order to regain the path of economic de- mines the democratic underpinnings of the beyond those individuals I have already Commonwealth relationship established with velopment, Puerto Rico requires: read—let me read to you from those 1. An enabling renegotiation of its public the United States. It will be an irreparable debts. We label it enabling since it should en- blow even after the Board is terminated. who are running for Governor in Puer- The encroachment powers of the Board are to Rico, what they say. able Puerto Rico to attain a path of sustain- not necessary to ensure compliance by Puer- Mr. David Bernier, who leads the pop- able economic development. This renegoti- to Rico with the Fiscal Plan required by the ular Democratic Party and who is their ation must have as a priority the protection Act. There are other means consistent with current candidate for Governor, wrote: of pensions and essential public services. 2. An audit of Puerto Rico’s debts. There respect for Puerto Rico’s sovereignty and Dear Majority Leader McConnell: are excellent grounds to suspect that a sig- self-government to accomplish this. I am Dr. David Bernier, former Secretary nificant portion of this debt is illegal, uncon- I respectfully request that the members of of State of Puerto Rico, as well as current the Senate have the opportunity to engage stitutional or otherwise illegitimate. This, candidate for Governor of the Popular Demo- in turn, is legal ground for annulling such in an open debate and be allowed to present cratic Party (PPD, for its Spanish acronym), amendments so that the bill may respect the portions. which I preside. As you know, the PPD is the 3. A suspension of payments on this democratic process in Puerto Rico and the governing party controlling the Executive unsustainable debt until an audit and an sovereignty of its citizens. and Legislative branch in Puerto Rico. adequate renegotiation is completed. Let me quote from a letter that an- I have written to you on several occasions It goes on to say a series of others. other former Governor, Anibal Acevedo expressing my opposition to, and deep con- Vila—who at one time also served in cerns with, H.R. 5278, the so-called Unfortunately, the PROMESA bill includes no provisions that correspond with these re- the House of Representatives as Resi- PROMESA bill. These concerns are shared by a clear majority of Puerto Ricans who are quirements. dent Commissioner of Puerto Rico— opposed to this bill, as well as is every can- They suggest that PROMESA be put said: didate for Governor of every political party, aside and that a brief substitute meas- As former governor of Puerto Rico and due to its undemocratic financial control ure regarding point 4, which, in es- former member of Congress, I am writing board, the lack of real tools for economic you to express my strong opposition to S 2328 growth, and the uncertain treatment given sence, is a temporary suspension, be in (HR 5278) under consideration of the Senate. to pensioners, among other reasons. place. All candidates for Governor of Puerto Rico Fortunately it is still not too late. That is Mr. Hector Ferrer is the current can- in the November election, the majority of why I urge you to approve five amendments didate for Resident Commissioner.

VerDate Sep 11 2014 05:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.049 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4619 Resident Commissioner, for those who source, all paid for by the people of to our elected officials to demonstrate their may not follow this, is the nonvoting Puerto Rico, even in the midst of an commitment to service and equity for citi- delegate from Puerto Rico to the House enormous economic challenge. zens and work to amend H.R. 5278 so that any fiscal remedy is not at the expense of of Representatives. They get to be a H.R. 5278 authorizes the Governor of Puer- the Puerto Rican people and does not exacer- voice for Puerto Rico. They act very to Rico, with the consent of the ‘‘Oversight’’ bate the existing humanitarian crisis. strongly on behalf of the 3.5 million Board, to lower the federal minimum wage We further believe that if these amend- American citizens of Puerto Rico, but to $4.25 for those 25 years old and younger, ments are not included, the bill should not they don’t have a vote in the House of accelerating the exodus of young talent and be approved as is and we would oppose this Representatives, and there is no such thereby hindering Puerto Rico’s future eco- legislation as it would represent a frontal at- nomic growth. tack on the island’s democratic rights, and delegate here. The creation of the ‘‘Oversight’’ Board out- would not include any economic develop- This gentleman, Hector Ferrer, the lined in PROMESA focuses on the method by ment measures that are the only lasting so- current candidate for Resident Com- which members are selected without suffi- lutions to this crisis. missioner, the person who would be cient consideration to the expertise needed So there is a common thread to all of that voice in the House of Representa- to ensure a viable outcome. these different individuals who have tives for the popular Democratic Party The lives of Puerto Ricans, who are Amer- led the 3.5 million citizens of Puerto of Puerto Rico, writes: ican citizens, have been placed in an unprec- edented vulnerable position so desperate Rico. All those who aspire to lead the I [am] writing to respectfully request you that many Puerto Ricans have been forced to 3.5 million citizens of Puerto Rico, all vote NO on cloture and to support an open abandon their homes and leave loved ones to of the civic society groups, they under- amendment process on the Puerto Rico Over- migrate to the United States mainland in stand the neocolonialism of the legisla- sight, Management, and Economic Stability search of employment. Despite efforts to tion. They understand there is no clear Act. The simple reality is that, as drafted, maintain some semblance of normalcy, their pathway to restructuring, and they un- PROMESA is an affront to the basic right of lives have been harshly disrupted. They are derstand, to quote this part of that let- the Puerto Rican people to self-governance. struggling with low wage jobs or unemploy- ter, that it is ‘‘a frontal attack on the This is not in dispute—the bill plainly sup- ment, while health services are drastically island’s democratic rights.’’ plants our elected government with a feder- reduced and schools are being closed. As the senior member of the Senate We therefore urge the Senate to amend ally-appointed ‘‘Oversight Board,’’ which the Foreign Relations Committee, I have people of the Commonwealth will have essen- H.R. 5278 as follows: Eliminate the provisions authorizing the heard many of my colleagues on the tial no say in. This should be alarming not floor, in committee, and elsewhere, only to the Puerto Rican people, but to any- board to prevent the enforcement of any law, regulation or action duly taken by the elect- talk eloquently about democratic and one who believes in the democratic ideals of human rights globally, worldwide. We American government. ed officials of the Commonwealth of Puerto This is a bill that can and should be im- Rico. are a beacon of light to the rest of the proved through debate and the full amend- Eliminate provisions that authorize the world for democracy and human rights. ment process. To circumvent that process Board to supplement the will of the elected Yet, for the 3.5 million citizens of the simply for the purpose of meeting super- officials of Puerto Rico with a budget and a United States who call Puerto Rico fluous deadline is to do a great disservice to fiscal plan that overrides the express wishes home, if we do this, this is not a beacon the Puerto Rican people. There is simply no of the Legislature and the Governor of Puer- to Rico. of light, it is not a respect for democ- evidence to suggest that a missed debt pay- racy. Yet that is what we are poised to ment by our government on July 1 will have Require the Oversight Board to develop a sound economic development strategy for do, without amendment. the consequences the proponents claim. The Coalition of Women’s Organiza- Rather, we should be fighting for the right Puerto Rico inclusive of a cost benefit anal- bill that can bring real relief and economic ysis; a plan that takes into account lowering tions in Puerto Rico wrote: opportunity to the Puerto Rican people. the unemployment rate, improving public The Puerto Rico Women’s Movement joins Puerto Ricans have much at stake in this services, fostering entrepreneurship, pro- many organizations and other sectors that debate, and I commend your willingness to tecting the natural resources and agricul- are opposed to a Federal Fiscal Control lead and advocate for a position held by the tural development as a means to achieve and Board appointed by the US government for overwhelming majority of us. sustain economic growth and stability. Puerto Rico. ‘‘Puerto Rico is going through Require the Oversight committee to main- great economic and financial challenges. Other national organizations have tain the same minimum wage and healthcare ‘‘The Puerto Rico Women’s Movement has written. The National Conference of benefits equal to the U.S. including the bene- consistently denounced how austerity meas- Puerto Rican Women, Inc., writes: fits to Veterans’ Federal assistance program. ures adopted within the island are severely Dear Majority Leader McConnell and Require all members of the board to be weakening the human rights of our popu- Democratic Leader Reid: nominated by the free selection of the Presi- lation. We, the National Conference of Puerto dent. ‘‘The Federal Fiscal Control Board pro- Rican Women, representing Puerto Rican Require only a simple majority to vote in posed by the US Congress would be staffed by women and other Latinas across the United favor of restructuring Puerto Rico’s debt. individuals who do not represent Puerto States, urge the Senate to amend bill H.R. Rico’s interests. Everybody on the island recognizes ‘‘This Federal Fiscal Control Board will 5278, also known as PROMESA. We believe this as a critical element. A minority that, as it stands today, PROMESA, cannot have only one task: ensuring the payment of live up to the ‘‘promise’’ of helping Puerto of the board can stop the majority will a multibillion dollar debt at the expense of Rico resolve its fiscal crisis without exacer- because the legislation calls for a our people’s quality of life,’’ stated Josie bating the humanitarian fiscal crisis that supermajority of five of seven to cast a Pantoja, spokesperson for the feminist orga- continues to unfold in the island. vote for restructuring. People on the nization. The Puerto Rico Women’s Move- We strongly oppose the following three as- island understand that, at a minimum, ment is a collective of women’s organiza- tions, feminist groups and activists. pects of H.R. 5278 that was passed by the U.S. a simple majority should be required The Puerto Rico Women’s Movement House of Representatives: for restructuring Puerto Rico’s debt. (1) The ‘‘Oversight’’ Board is not required has sent a letter to many of our col- to create a comprehensive economic develop- Include economic incentives to ensure that leagues requesting that they vote ment strategy and yet imposes— Puerto Rice not only balances its budgets, but that it can also grows its economy and against the current version of H.R. This is what Senator SANDERS was eventually pay its debts. 2578, which empowers the fiscal control bringing up in his colloquy with me Ensure that the language that says that board to supersede and veto the deci- earlier— Puerto Rico’s pension systems are ‘‘ade- sions of publicly elected officials in an additional debt burden of $370 million on quately funded’’ be changed to ‘‘fully fund- Puerto Rico. the people of Puerto Rico to cover their ex- ed’’ in order to prevent over 300,000 retirees And they go on: penses, with hundreds of millions more in and public employees from suffering further ‘‘MAMPR, Proyecto Matria, InterMujeres, implementation costs, according to the Con- cuts to their benefits. the Caribbean Institute of Human Rights, gressional Budget Office scoring of the bill. It is with great hope we write this request feminists and activists denounced that the I would add, with a dedicated revenue for support of Puerto Rico during this time imposition of such Board represents a seri- source. How many times wouldn’t we of hardship. As U.S. citizens, Puerto Ricans ous human rights violation against the peo- have made enormous contributions to this like to see a dedicated revenue source ple of Puerto Rico,’’ expressed Eva Prados, society: men and women [from Puerto Rico] also spokesperson of the collective. in the things we advocate? That is a have fought in every war, where many gave Should H.R. 5278 pass in the Senate, it difficult thing to accomplish, but this their lives, contributed to science, education would bring untold hardship to the most vul- control board gets a dedicated revenue and the arts and the economy. We now look nerable sectors: the elderly, children, poor

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.051 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4620 CONGRESSIONAL RECORD — SENATE June 28, 2016 women and the working class. With a pov- in exchange for giving up our pensions, our with hundreds of millions more in implemen- erty rate of 46 percent (where women rep- employment, our health care program and tation costs, according to the Congressional resent 57 percent of those living in poverty) our representative democracy is not a path Budget Office (CBO) scoring of the bill. and a shrinking economy, the idea of impos- to recovery and cannot be considered an op- 2) H.R. 5278 authorizes the Governor of ing austerity measures that would continue tion. Puerto Rico, with the consent of the ‘‘Over- to reduce government services in health, The imposition of H.R. 5278 or similar leg- sight’’ Board to lower the federal minimum education, access to justice, among others, is islation on the part of U.S. Congress, where wage to $4.25 for those 25 years old and unthinkable.’’ we have no voting representation, con- younger, accelerating the exodus of young So here we are. The Puerto Rico stitutes a violation of our human rights. talent and thereby hindering Puerto Rico’s Women’s Movement is going to join Furthermore, it places in evidence that the future economic growth. different strategies of resistance at the relationship between Puerto Rico and the United States has never been anything other 3) The creation of the ‘‘Oversight’’ Board People’s Assembly to be held on Satur- than that of colonial subjugation; which is outlined in PROMESA focuses on the method day, June 25—that took place—and to considered a crime under international law by which members are selected without suf- speak out against these injustices. regarding the rights of non-self-governing ficient consideration to the expertise needed I ask unanimous consent that all of territories. to ensure a viable outcome. these letters that I have read be print- The most recent SCOTUS decisions permit The lives of Puerto Ricans, who are Amer- ed in the RECORD. the U.S. Congress to approve H.R. 5278, using ican citizens, have been placed in an unprec- There being no objection, the mate- in effect its powers to unilaterally take over edented vulnerable position so desperate rial was ordered to be printed in the our governance in order to protect the inter- that many Puerto Ricans have been forced to est of hedge funds and bondholders. While RECORD, as follows: abandon their homes and leave loved ones to this action by Congress will be seen inter- migrate to the United States mainland in JUNE 14, 2016. nationally as one that unmasks the intrinsic search of employment. Despite efforts to From: Spokespersons, Concertacio´ n 118–year-old colonial relationship, such a maintain some semblance of normalcy, their Puertorriquen˜ a Contra la Junta de Con- measure would also evidence the underlying lives have been harshly disrupted. They are trol Fiscal, San Juan, Puerto Rico. racism that infuses relations between Puerto struggling with low wage jobs or unemploy- To: Hon. Senator Bob Mene´ndez, U.S. Sen- Rico and the United States. ment, while health services are drastically ate, Washington, DC. We will do everything within our power to reduced and schools are being closed. We DEAR SENATOR MENE´ NDEZ, We write to you stop this bill from being enacted. If the bill therefore, urge the Senate to amend H.R.5278 on behalf of the Concertacio´ n were however, to be approved, we are ready as follows: Puertorriquen˜ a Contra la Junta de Control to resist its implementation by all available Fiscal (Puerto Rican Consensus Against the means. Furthermore, we have also declared Eliminate the provisions authorizing the Fiscal Board); we are a broad-based organiza- our collective willingness and disposition to board to prevent the enforcement of any law, tion that represents numerous civic and po- go forward with a plan of broad protests as regulation or action duly taken by the elect- litical organizations in Puerto Rico and the well as acts of civil disobedience in Puerto ed officials of the Commonwealth of Puerto continental United States. Our signing mem- Rico and in the United States. As a broad co- Rico. bers comprise labor syndicates and coopera- alition defending the people of Puerto Rico Eliminate provisions that authorize the tives; local business leaders, social, environ- against a great injustice, have the duty and Board to supplant the will of the elected offi- mental and human rights organizations, art- right to vigorously pursue a policy of con- cials of Puerto Rico with a budget and a fis- ists, students and academics, religious orga- sistent noncooperation until this legislation cal plan that overrides the express wishes of nizations, LGBTTQ and feminist movements, is withdrawn. the Legislature and Governor of Puerto Rico. special communities organizations, coopera- We urge you to forge a different path, one tive institutions, political parties and immi- Require the Oversight Board to develop a that respects our right to democracy and sound economic development strategy for grants organizations, Puerto Rican diaspora dignity and that is intent on truly fixing the groups as well as many individual citizens. Puerto Rico inclusive of a cost benefit anal- underlying problems; we ask you to vote NO ysis; a plan that takes into account lowering This multi sectorial coalition has been on H.R. 5278. formed as a common front to oppose H.R. the unemployment rate, improving public Sincerely, services, fostering entrepreneurship, pro- 5278. Because of the negative consequences ´ The spokespersons for the Concertacion tecting the natural resources and agricul- that it will have upon all of Puerto Rican so- Puertorriquen˜ a Contra la Junta de Control ciety, we respectfully urge you to vote tural development as a means to achieve and Fiscal: sustain economic growth and stability. against this bill when it is presented in the JEROHIM ORTIZ Senate. JOSE´ RIVERA SANTANA Require the Oversight committee to main- After studying the H.R. 5278 bill we have ANA IRMA RIVERA LASSEN tain the same minimum wage and healthcare reached a unanimous agreement that this LUISA ACEVEDO benefits equal to the U.S. including the bene- bill is totally unacceptable. While it is cer- JUAN A. VERA. fits to Veterans’ Federal assistance program. tain that Puerto Rico faces serious economic Require all members of the board to be and social challenges, there is simply no way NATIONAL CONFERENCE OF nominated by the free selection of the Presi- that we can consider a solution that would PUERTO RICAN WOMEN, INC., dent. require our country to surrender its right to June 14, 2016. Require only a simple majority to vote in a democratic government while putting such Hon. MITCHELL MCCONNELL, favor of restructuring Puerto Rico’s debt. broad dictatorial powers in the hands of a Majority Leader, U.S. Senate, few unelected individuals. Washington, DC. Include economic incentives to ensure that In addition to a categorical refusal to give Hon. HARRY REID, Puerto Rico not only balances its budgets, up our human right to representative democ- Democratic Leader, U.S. Senate, but that it can also grow its economy and racy and government, we consider the eco- Washington, DC. eventually pay its debts. nomic policies in this bill to be grossly inad- Ensure that the language that says that equate and detrimental to the goal of restor- STATEMENT ON H.R. 5278 Puerto Rico’s pension systems are ‘‘ade- ing economic growth and stability. The bill (PROMESA BILL) quately funded’’ be changed to ‘‘fully fund- has no clear mechanism for restructuring DEAR MAJORITY LEADER MCCONNELL AND ed’’ in order to prevent the over 300,000 retir- the debt and there are no defined measures DEMOCRATIC LEADER REID: We, the National ees and public employees from suffering fur- for economic development. Instead it is clear Conference of Puerto Rican Women ther cuts to their benefits. that this bill is designed to impose even (NACOPRW), representing Puerto Rican more austerity measures which would fur- women and other Latinas across the United It is with great hope that we write this re- ther depress the economy, exacerbate the on- States urges the Senate to amend bill H.R. quest for support of Puerto Rico during this going exodus of young people and profes- 5278, also known as PROMESA. We believe time of hardship. As U.S. citizens, Puerto sionals and have the effect of shrinking the that, as it stands today, PROMESA, cannot Ricans have made enormous contributions to tax base. What lies ahead for Puerto Rico live up to the ‘‘promise’’ of helping Puerto this society: men and women have fought in should H.R. 5278 be passed in the Senate is Rico resolve its fiscal crisis without exacer- every war, where many gave their lives, con- untold hardship for the most vulnerable sec- bating the humanitarian and fiscal crisis tributed to science, education and the arts tors: the elderly, children and the working that continues to unfold in the island. and the economy. We now look to our elected poor. With a poverty rate of 46% and a We strongly oppose the following three as- officials to demonstrate their commitment shrinking economy, the idea of imposing pects of H.R. 5278 that was passed by the U.S. to service and equity for citizens and work austerity measures that would reduce gov- House of Representatives: to amend H.R. 5278 so that any fiscal remedy ernment services such as in health and edu- 1) The ‘‘Oversight’’ Board is not required is not at the expense of the Puerto Rican cation is unthinkable. to create a comprehensive economic develop- people and does not exacerbate the existing Puerto Rico, as of this moment has no ment strategy and yet imposes an additional humanitarian crisis. We further believe that clear mechanism for restructuring its debt debt burden of $370 million dollars on the if these amendments are not included, the but an unspecific restructuring mechanism people of Puerto Rico to cover their expenses bill should not be approved as is and we

VerDate Sep 11 2014 05:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.052 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4621 would oppose this legislation as it would rep- of Puerto Rico through our own Constitution sion of federal and local tax policies to in- resent a frontal attack on the island’s demo- under a compact entered in 1952 with the sure that they promote economic develop- cratic rights, and would not include any eco- Congress of the United States. This compact ment. nomic development measures that are the was ordained in order to establish the rela- 6. Congressional support, including fund- only lasting solutions to this crisis. tionship between Puerto Rico and the United ing, to facilitate such an economic recon- Respectfully, States under the principle of the consent of struction, as part of similar projects to ben- WANDA GORDILS, the governed. efit U.S. working people. National President, NACOPRW. The Oversight, Management, and Stability Unfortunately, the PROMESA bill includes NACOPRW Chapter Presidents: Iris Melina Act needlessly, empowers the Oversight no provisions that correspond to these re- Olmo, Washington D.C.; Michelle Centeno, Board that it creates with the authority to quirements. New York City; Nydia Cabrera, Miami; override the decisions of the Governor of Since a major debt service payment is due Amaris Hernandez, Philadelphia; Deborah Puerto Rico, and the laws of the Legislature, on the 1st of July we suggest that PROMESA Lopez, Chicago; Aida Lugo-McAllister, Indi- thus encroaching on the sovereign powers of be put aside and a brief substitute measure ana; Vilma Colom, Northern Illinois; Carmen the Commonwealth rendering nugatory the regarding point 4 above be approved instead, Ortiz, Milwaukee; Anaida Colon, California. right to vote of the citizens of the Common- while adequate legislation is considered in wealth. the near future. HECTOR FERRER, ESQ., This empowerment of the Oversight Board Cordially, San Juan, PR. by the Congress tramples upon the compact RAFAEL BERNABE, DEAR SENATORS: I am writing to respect- providing for self-government and under- Candidate for Governor, fully request you vote NO on closure and to mines the democratic underpinnings of the Partido del Pueblo Trabajador. support an open amendment process on the Commonwealth relationship established with Puerto Rico Oversight, Management, and the United States. It will be an irreparable ESTADO LIBRE ASOCIADO DE PUERTO Economic Stability Act. (S 2378) blow even after the Board is terminated. RICO, OFICINA DE EX- The simple reality is that, as drafted, The encroachment powers of the Board are GOBERNADORES, PROMESA is an affront to the basic right of not necessary to ensure compliance by Puer- Rı´o Piedras, PR, June 28, 2016. the Puerto Rican people to self-governance. to Rico with the Fiscal Plan required by the SENATORS, This is not in dispute—the bill plainly sup- Act. There are other means consistent with U.S. Senate, plants our elected government with a feder- respect for Puerto Rico’s sovereignty and Washington, DC. ally-appointed ‘‘Oversight Board,’’ which the self-government to accomplish this. SENATOR: As former governor of Puerto people of the Commonwealth will have essen- I respectfully request that the members of Rico and former member of Congress I am tially no say in. This should be alarming not the Senate have the opportunity to engage writing you to express my strong opposition only to the Puerto Rican people, but to any- in an open debate and be allowed to present to S 2328 (HR 5278) under consideration of the one who believes in the democratic ideals of amendments so that the bill may respect the Senate. All candidates for Governor of Puer- American government. democratic process in Puerto Rico and the to Rico in the November election, the major- This is a bill that can and should be im- sovereignty of its citizens. ity of the members of the Puerto Rican proved through debate and the full amend- Cordially yours, House of Representatives and Senate, and ment process. To circumvent that process RAFAEL HERNA´ NDEZ COLO´ N, the majority of Puerto Ricans (see El Nuevo simply for the purpose of meeting super- Governor of Puerto Rico, Dia poll of June 16, 2016) oppose this bill as fluous deadline is to do a great disservice to 1973–1976; 1985–1992. well. A bill that promises only one thing for the Puerto Rican people. There is simply no certain: to end our Republican form of gov- evidence to suggest that a missed debt pay- SAN JUAN, PUERTO RICO, ernment with its checks and balances. The ment by our government on July 1 will have 27 June 2016. bill called PROMESA is known in Puerto the consequences the proponents claim. DEAR SENATOR: As candidate for Governor Rico as La Junta, a name commonly used for Rather, we should be fighting for the right of Puerto Rico for the Partido del Pueblo military dictatorships in Latin America. bill that can bring real relief and economic Trabajador I wish to convey to you our firm Please, do not take all its implications light- opportunity to the Puerto Rican people. opposition to the PROMESA Bill that is now ly. Puerto Ricans have much at stake in this under consideration in the Senate. It is incredible and a shame that the most debate, and I commend your willingness to We believe that the fiscal and economic important piece of legislation considered by lead and advocate for a position held by the policies that affect the Puerto Rican people Congress regarding Puerto Rico since the au- overwhelming majority of us. I look forward need to be adopted by the representatives thorization and approval of the Common- to doing anything that I can to further your elected by the Puerto Rican people. The wealth Constitution in 1952, effectively de- efforts. PROMESA bill violates this fundamental nies basic principles of democracy and self- Sincerely, democratic principle as it would create an government, trashes that same Constitution HECTOR FERRER, unelected board that would have consider- and uses the plenary powers of Congress with Popular Democratic able powers to impose or block fiscal meas- a mentality reminiscent of 18th century co- Party, President ures and policies in Puerto Rico. Such an or- lonialism. (2008–2011), House of ganism would lack all democratic legitimacy That is why I urge you to vote NO on Clo- Representative Ma- and would only make the resolution of Puer- ture and to support the amendments that jority Leader (2001– to Rico’s debt crisis more difficult. have been filed to create a more representa- 2004), House of Rep- Not surprisingly a vast array of organiza- tive board, limit the overreaching powers of resentative Minority tions in Puerto Rico and the Puerto Rican the board, establish a clear and effective Leader (2005–2008), diaspora have expressed their rejection of path to restructuring, and really protect Resident Commis- this legislation. pensions and basic services to the people. sioner Candidate In order to regain the path of economic de- These amendments will eliminate many of (2016). velopment Puerto Rico requires: the most aggravating dispositions of this 1. An enabling renegotiation of its public bill. And if the amendments are not approved JUNE 28, 2016. debts. We label it enabling since it should en- I strongly urge you to vote NO on approval. TO THE SENATE OF THE UNITED STATES OF able Puerto Rico to attain a path of sustain- Those who are pushing to blindly pass the AMERICA: I was governor of the Common- able economic development (including a bill acknowledge its imperfections and its wealth of Puerto Rico for 12 years. In 1993, I transition to renewable energy). This renego- excesses. They say Congress will need to do handed over my office to my successor with tiation must have as a priority the protec- more working the future to help Puerto a modest budget surplus, a growing econ- tion of pensions and essential public serv- Rico. But you know, as do they and do I, omy, and access to the financial markets at ices. that the Congressional calendar won’t allow reasonable rates. I write to request an open 2. An audit of Puerto Rico’s public debts. further action on Puerto Rico for a long debate on the Puerto Rico Oversight, Man- There are excellent grounds to suspect that time. We will be stuck with the con- agement and Stability Act which would pro- a significant portion of this debt is illegal, sequences. It’s imperative to get it right this vide Puerto Rico much needed relief for the unconstitutional or otherwise illegitimate. time. adjustment of debts but will needlessly in- This, in turn, is legal ground for annulling The July 1st deadline is not the end of the flict irreparable and permanent damage to such portions. world. The bill already has retroactive provi- the political relationship of Puerto Rico 3. A suspension of payments on this sions. Don’t make July 1st the end of democ- with the United States of America. unsustainable debt until an audit and an racy for Puerto Ricans. As recently as June 9, 2016, The Supreme adequate renegotiation is completed. Thanks, Court of the United States has described this 4. Congressional action to protect Puerto GOVERNOR ANI´BAL ACEVEDO-VILA´ . relationship as follows: ‘‘Puerto Rico, like a Rico against litigation (a stay of legal ac- state, is an autonomous political entity, sov- tions) in the case of suspension in payments. Mr. MENENDEZ. I know there are ereign over matters not ruled by the [Fed- 5. A plan of economic reconstruction that more. I think the National Puerto eral] Constitution.’’ This sovereignty over emphasizes reinvestment in Puerto Rico of Rican Coalition had one, and I will get our internal affairs is exercised by the people the profits generated here, including a revi- to those in a few moments.

VerDate Sep 11 2014 05:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.035 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4622 CONGRESSIONAL RECORD — SENATE June 28, 2016 These threads that are constantly however we derive it, that is our in- other sources of revenues that we de- seen by the people of Puerto Rico and come. And then we have our expenses: rive. This entity is going to be able to by other independent services, such as the home we keep for our family; the modify what that revenue structure is, the nonpartisan Congressional Budget health care we provide for them; the or the establishment of additional rev- Office, which states: educational opportunity we want to enue structures, which many here The board would have broad sovereign pow- have for our children to graduate and would revolt against in terms of having ers to effectively overrule decisions by Puer- not graduate with a mountain of debt; taxes imposed on them, which is tax- to Rico’s legislature, governor, and other taking care of a loved one, a mom or ation without representation. public authorities [ . . . ] it can effectively dad or in-law; going ahead and think- That is what we are going to say to nullify any new laws or policies adopted by ing about our own retirement in the fu- the people of Puerto Rico. It is not Puerto Rico that did not conform to require- ture; the church, synagogue, or mosque good for the rest of the American citi- ments specified in the bill. that we tithe to; the charitable con- zens, but for the 3.5 million citizens in That is not what I am saying. It is tributions we make to organizations Puerto Rico: You can have taxation not the residents of Puerto Rico who we believe are important because of without representation for you—for say it. It is the Congressional Budget the work they do, those are expressions you— Office. So not to believe me—this is the of our values as individuals. the establishment of alternatives for meet- nonpartisan entity we use to analyze The Nation’s budget is an expression ing obligations to pay for pensions of terri- legislation, and they say the board has of our collective values as a country. torial government employees; modifications broad sovereign powers to effectively or transfers of the type of services that are What will we provide for the national the responsibility of and are delivered by the overrule decisions by Puerto Rico’s leg- defense? How will we secure our home- islature. territorial government; modifications of the land against acts of terrorism? What types of services that are delivered by enti- We hear these people crying out from will we spend to educate our children, ties other than the territory government; the island to their fellow citizens in both elementary, secondarily, and how the effects of the territory’s laws and court the United States: Don’t take away our are we going to help students not grad- orders on the operations of the territorial basic democratic rights to give them to uate under a mountain of debt but have government; the establishment of a per- an unelected, unrepresentative control sonnel system for employees of the terri- that human capital that we need to torial government that is based upon em- board that can nullify any new laws or drive America’s competitiveness? policies adopted by Puerto Rico that ployee performance standards; the privatiza- How are we going to defend our coun- tion and commercialization of entities with- don’t conform to requirements speci- try across the globe, for example, from in the territorial government. fied in the bill. ISIS? How much money are we going to That is pretty significant. I know Even the bill’s own author noted in a spend in research and development so many of my colleagues, particularly committee report: the Alzheimer’s that took my mother’s the Democratic caucus, have a real The Oversight Board may impose manda- life can be cured, so we can find the concern about the privatization of cer- tory cuts on Puerto Rico’s government and cause and then develop a cure for can- instrumentalities, a power— tain governmental services. Well, we as cer and so many other dreaded dis- Democrats are going to vote to undo I read this before— eases. the minimum wage, undo overtime pro- far beyond that exercised by the Control All of these things, and many more, tections. We are going to vote to allow Board established for the District of Colum- that we decide collectively as a Con- this unelected oversight board to ulti- bia. gress are in the budget is an expression If the Board, in its sole discretion— mately say there are entities within of our collective values as a nation. the government of Puerto Rico that An enormous grant of power. ‘‘In its Yet the people of Puerto Rico are not should be privatized. I will talk a little sole discretion,’’ what does that going to have the right to determine bit later because I know many of my mean—in its sole discretion. It is pret- their budget and an expression of their friends on the Democratic side of the ty obvious. The seven of them will get values for the 3.5 million U.S. citizens aisle are concerned about the environ- together and decide, well, in our discre- who call Puerto Rico home. ment and environmental sighting of tion, this is, in fact, how this should So as the bill states in section 205: sites. Well, we are going to give them move forward. The Oversight Board— fast-track to go ahead and make all The bill cites this 29 times in critical They call it oversight. I call it a con- types of environmental sites and by- moments in the legislation: ‘‘In its sole pass other laws that Puerto Rico has to discretion,’’ which, in essence, uses the trol board because oversight is one thing, but when you have the control preserve the environment, but for the superpowers in this bill. It could people of Puerto Rico, we will leave choose to close more schools, to shut- to dictate things, to me that is more of a control board— those environmental laws largely by ter more hospitals, to cut senior citi- the wayside. zens’ pension to the bone. I know some may at any time submit recommendations to While this section calls these com- people are thinking that will not hap- the Governor or the Legislature . . . relating ments ‘‘recommendations,’’ section 201 pen. Well, already the government of to the management of the territorial govern- ment’s financial affairs, including economic of the bill allows the board to ‘‘adopt Puerto Rico has made some very tough forecasting and multiyear fiscal forecasting appropriate recommendations sub- choices to do some of that in order to capabilities, information technology, placing mitted by the Oversight Board under try to meet its obligations, but it came controls on expenditures for personnel, re- Section 205(a).’’ to the conclusion that there is only so ducing benefit costs— So these are more than recommenda- far they can go. But an oversight What does that mean? Reducing em- tions because it allows the board to board, ‘‘in its sole discretion,’’ could ployee benefit costs maybe to make adopt appropriate recommendations make that decision as well. them pay more of their health care, re- submitted by the oversight board under And the powers aren’t limited to just duce the amount of sick time or over- a different section. So if the board de- budget and fiscal policy, although I time they can have— cides to hold a fire sale and put some of would say those—just those two alone, reforming procurement practices, and plac- Puerto Rico’s natural wonders on the let’s forget about anything else, budget ing other controls on expenditures; the auction block to the highest bidder, and fiscal policy—I always think that structural relationship of departments, agen- they can. one of the most important things we do cies, and independent agencies within the I have visited the island of Puerto in the Congress is to set the budget for territorial government; the modification of Rico many times, and I have seen some the Nation. We all have budgets in our existing revenue structures— of its natural wonders. It has incred- lives. We may not think of them as Existing revenue structures. As a ibly beautiful places. It has places like budgets, but we have one. It is our in- member of the Senate Finance Com- Vieques, which is also incredibly beau- come by however we derive it. By our mittee, I know what that means. A rev- tiful and is a place for the U.S. mili- work and our salary or our business, by enue structure is how we derive the tary to perform its bombing runs, and maybe some investments—if we have money to run our government. That the people of Puerto Rico for years and enough money to make investments, overwhelmingly is in Federal taxes, years supported half of the national de- get some interest, rates are very low— but there are a whole host of fees and fense. It could take a part of Vieques

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.053 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4623 and say: Well, this should be sold. It being developed, the Oversight Board shall have failed to correct an inconsistency iden- could take another part of the natural submit an Instrumentality Budget to the tified by the Oversight Board under sub- wonders of Puerto Rico and say it Governor (including any revision to the In- section (c), the Oversight Board shall— should be sold. strumentality Budget made by the Oversight Words of art meaning ‘‘mandatory’’— Board pursuant to subsection(c)(2)) and such with respect to the territorial government, So if the board decides to hold the Budget shall be other than covered territorial instrumental- fire sale and sell the natural wonders of (A) deemed to be approved by the Gov- ities, make appropriate reductions in Puerto Rico to the highest bidder, they ernor— nondebt expenditures. . . . can. They could decide to sell off Las Not that the Governor approves it; Cabezas de San Juan Nature Reserve in This is very important, reductions in the oversight board shall deem it to be nondebt expenditures. The oversight Fajardo or Cueva Ventana in Arecibo approved. So the oversight board is or Guanica Dry Forest or to build con- board won’t touch moneys that are now the Governor of Puerto Rico and going to pay debt, but it can make dominiums in San Cristobal Canyon or its legislature too— hotels in Blamenco Beach on Culebra. mandatory reductions in nondebt ex- But what do the Puerto Rican people (B) the subject of the compliance certifi- penditures—everything else that goes cation issued by the Oversight Board to the want? Is that what we want, or is that to the health and well-being of the peo- Governor; and ple of Puerto Rico—‘‘to ensure that the what an oversight board would want? (C) in full force and effect beginning on the The fact is, this legislation puts bal- first day of the applicable fiscal year. actual quarterly revenues and expendi- tures for the territorial government anced budgets and untested ideology So the oversight board goes back and ahead of the health, safety, and well- are in compliance with the applicable forth with the Governor. The Governor certified Territory Budget’’—the cer- being of children and families, similar is trying to represent the interests of to the control board travesty that un- tified budget that the Governor and all of the people of Puerto Rico, 3.5 legislature didn’t pass but that the folded in Flint. I don’t know if we want million U.S. citizens, trying to balance to repeat a mistake like that. oversight board passed. So not only do the responsibility for making its pay- they set themselves up to have total Without their voices represented on ments but doing it in a way that can the control board, there is nothing that control over that budget, at the end of still help the citizens of Puerto Rico be the day they can make a budget and the people of Puerto Rico will be able able to go about their lives, to not have to do. The fact that the Puerto Rican they can make it mandatory. And by a brain drain, have everybody leave the the way, after we tell you this budget people will have absolutely no say over island because they can take one flight who is appointed or what action they should have so much revenue, if that on JetBlue to the United States and falls short, we have the absolute right decide to take is clearly blatant find a much better life. Yet, despite neocolonialism. to cut the nondebt expenditures, mean- those actions in which he is balancing ing the expenditures for everyday life I am afraid we are opening the flood- all of this, as is the Legislature of gates for Puerto Rico to become a lab- in Puerto Rico, such as public safety, Puerto Rico, at the end of the day, the public health, public education, senior oratory for rightwing economic poli- oversight board says: You know what, cies. Puerto Rico deserves much more citizens, and others. They can cut that, in our sole discretion, that doesn’t and they can do it in a way that it will than to be an unwilling host of untest- meet our standards. So guess what. We ed experiments in austerity. become final. are going to give you a budget. We are To further go on, section 2 of that I am not advocating to completely going to deem that the Governor ap- remove all the oversight powers. To reads ‘‘with respect to covered terri- proved this budget, basically, whether torial instrumentalities at the sole dis- the contrary, the legislation I offered he approved it or not. We take it as a actually has some oversight powers. I cretion of the Oversight Board.’’ Now, section of law that you approved it, territorial instrumentalities or other support helping Puerto Rico make in- and then it will go into full force and formed, prudent decisions that put it subdivisions or other government agen- effect. cies can make reductions in nondebt on a path to economic growth and sol- Now, in addition to the power to take vency. But despite its name, the over- expenditures to ensure that the same the budget, which, as I described be- revenues and expenses are in compli- sight board envisioned by this bill fore, is the single most important doc- doesn’t simply oversee; it directs and it ance with the applicable certified budg- ument we use as a Congress because it et that the oversight board ultimately commands. It doesn’t assist; it con- reflects the interests of the American trols. created and made mandatory. It can in- people and our values as a people, how stitute automatic hiring freezes at the In section 201(d)(2), PROMESA makes will we do all of those things which the clear that ‘‘if the Governor fails to sub- territorial instrumentality. What could Governor of Puerto Rico and the Legis- that be? That could be a hospital. If mit to the Oversight Board a Fiscal lature have to do for the 3.5 million Plan, that the Oversight Board deter- there is a hospital association that is citizens of Puerto Rico? Now we have part of the territorial instrumentality, mines in its sole discretion’’—again, gone from an opportunity for the Gov- undefined, but we have a generic sense hiring in the midst of the Zika chal- ernor to try to make his case of what lenge, they can freeze it. If there is an of what ‘‘in its sole discretion’’ means. is the best balance for Puerto Rico— If we read the legislation, the Governor instrumentality that deals with the but it is rejected at the sole discretion public safety, they can freeze the hir- can recommend. The oversight board of the oversight board. They will deter- can reject. The Governor can rec- ing there. Even though the government mine what the budget is. They will of Puerto Rico may feel they have a ommend. The oversight board can re- mandate it, and it will go into full ject. bigger challenge, they can institute force and effect. automatic hiring freezes. They can pro- If the Governor fails [ultimately] to sub- Then, in section 203(d), PROMESA al- hibit the covered territorial instrumen- mit to the Oversight Board a Fiscal Plan lows the board make mandatory budget that the Oversight Board determines in its tality from entering into any contract sole discretion satisfies the requirements set cuts. It says: or engaging in any financial or other forth in [that subsection] by the time speci- BUDGET REDUCTIONS BY OVERSIGHT BOARD transaction unless previously approved fied in the notice delivered under subsection If the Oversight Board determines that the by the oversight board, which means (a), the Oversight Board shall— Governor, in the case of any then-applicable that they can never, at the end of the Words of art, ‘‘shall,’’ ‘‘mandatory’’— certified Instrumentality Budgets, and the day, act on their own. They have the develop and submit to the Governor and the Governor and the Legislature, in the case of oversight board that they have to go Legislature a Fiscal Plan. the then-applicable certified Territory Budg- and ask everything of. Then, in section 202(e)(4), PROMESA et— In section 204(a)(5), the bill gives the reiterates that the board has the final All it means is that the instrumen- Board the authority to veto legislation say. They have the final say by stating: tality budgets are subdivisions of the passed by the Puerto Rico Legislature If the Governor fails to develop an Instru- Commonwealth of Puerto Rico, the ter- and signed by the Governor, stating mentality Budget that is a compliant budget ritory budget is Puerto Rico, so it is ei- that ‘‘the Oversight Board may take by the day before the first day of the fiscal ther one—virtually total blanket con- such actions as it considers necessary, year for which the Instrumentality Budget is trol— consistent with this Act, to ensure that

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.053 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4624 CONGRESSIONAL RECORD — SENATE June 28, 2016 the enactment or enforcement of the the best interest of the Puerto Rican have to deal with this board should law will not adversely affect the terri- people, even though there is no real have some say over who is making all torial government’s compliance with representation of the people of Puerto of the decisions. the Fiscal Plan, including preventing Rico. If we had an opportunity, my second the enforcement or application of the My first amendment, if given the op- amendment would keep recommenda- law.’’ portunity, would be to attempt to tions made by the control board to be So in addition to having the power to strike the right balance and give the advisory only. If they are called rec- basically say to the Governor: Sorry, people of Puerto Rico at least some ommendations, the board shouldn’t be legislature, your budget is not accept- representation on this all-powerful able to compel them into a fiscal plan able. Here is the budget we determined board. The current legislation denies as the bill currently allows. Besides the is acceptable. This budget is now the Puerto Rican people any represen- fundamental flaws with the control deemed as mandated, and it goes into tation on a board that effectively re- board, there is also one of the most sig- full implementation. If we are wrong, places the decisionmaking powers of nificant parts other than, of course, by the way—this is the oversight the legislative and executive branches representation. The board structure board—in our fiscal estimates, we will of their democratically elected govern- here is so omnipotent, and there should have the right to cut nondebt expendi- ment. be representation from the people of tures, meaning the predators, the Why is it that 3.5 million citizens of Puerto Rico. But beyond that, the fun- hedge funds, all those, they can get Puerto Rico are denied the right to put damental flaw of the control bill is their money, but we can cut nondebt people on this board through a process that this bill also fails to provide a expenditures to ensure that we met the of advise and consent within their own clear path to restructuring, which is, lowest fiscal forecast—totally in the government and legislature, with cer- as I have said several times, the whole oversight board’s control. tain qualifications, just like we have purpose of this bill to begin with. The And then if they didn’t have enough qualifications here? Why is it that they unelected control board created in this power as it was, they can veto any leg- can have no say about who is going to islation passed by the Puerto Rican bill will have the authority to decide dictate their future, in essence, par- Legislature and signed by the Gov- whether Puerto Rico’s debts are wor- ticularly with such an enormous, pow- ernor, stating that the oversight board thy of restructuring. erful board reaching into every poten- Let’s not fool ourselves in believing may take such actions as it considers tial aspect of Puerto Rican life? that it is a sure thing that this bill necessary and consistent with this act. Our amendment adds two additional So what is the use of having a Gov- guarantees the island the ability to re- voting members chosen by the elected ernor and a legislature if they can’t structure its debts. representatives of the people of Puerto Indeed, section 206 of the bill lists pass their budget, if they can’t direct Rico. The Speaker would still get his four gatekeeping requirements before even within a fiscal plan that they two, and the majority leader would get any restructuring can occur. come up with? It gets vetoed. It gets Section 8 requires that the oversight imposed. The oversight board can cut his two. The rest would be the same, board ‘‘prior to issuing a restructuring nondebt expenditures. So why have a but at least the people of Puerto Rico certification regarding an entity . . . Governor? Why go through the farce? would have some say. In section 204(b)(5), PROMESA also (Mr. GARDNER assumed the Chair.) shall determine’’—this is the oversight allows the board to override contracts, When you have stakeholders involved board—‘‘in its sole discretion. . . . ’’ rules, regulations, and executive or- in the decisionmaking process, you are Again, one of the most important ders. It states that ‘‘if a contract, rule, more likely to be able to have the pop- parts of why we are even considering regulation or executive order fails to ulation agree to the tough choices you legislation and the only reason we are comply with policies established by the are going to make. When there is no really considering legislation is to help Oversight Board under this subsection, representation, there is revolt. That is Puerto Rico through getting access to the Oversight Board may take such ac- the very essence of how this Nation restructuring in the bankruptcy sys- tions as it considers necessary to en- came to be—taxation without represen- tem. Yet we create a bar that says that sure that such a contract, rule, regula- tation, a desire to have a say, a desire the control board, this unelected group tion or executive order will not ad- to be governed by those who have the of these 7 people with all these other versely affect the territorial govern- consent of the governed. That is what powers, in addition to that, ‘‘shall de- ment’s compliance with the Fiscal the people of Puerto Rico have had and termine, in its sole discretion, that the Plan, including by preventing the exe- continue to want to have. entity has made good-faith efforts to cution or enforcement of the contract, These two additional members would reach a consensual restructuring with the rule or the executive order or regu- be chosen by the President from a list the creditors; [and] the entity has lation.’’ of four candidates submitted by the adopted procedures necessary to de- It sounds like a lot of legalistic Governor of Puerto Rico with the ad- liver timely, audited financial state- words. What does that mean? It means vice and consent of the Legislature of ments; and made public draft financial that in addition to them passing it and Puerto Rico. Republicans will still ap- statements and other information suf- saying: ‘‘This is it; you are going to point a majority of members. From an ficient for any interested person to have to live with it,’’ they are going to ideological perspective, what is so make an informed decision with re- be able to make, in addition—if we wrong about that in terms of giving spect to a possible restructuring.’’ made the wrong projections, we are the people of Puerto Rico some direct Let’s look at the first part of that. going to be able to cut nondebt expend- say? ‘‘The entity has made good-faith ef- itures. By the way, if you do something I personally believe that all members forts to reach a consensual restruc- that we think—the unelected oversight of the board should be chosen by the turing with the creditors’’—in their board representatives of Puerto Rico— people of Puerto Rico or their elected sole discretion. if you pass a rule Puerto Rican society representatives, along the standards So what does that mean? Puerto Rico might have to live under or a rule that that we set for membership in terms of has a wide number of creditors. As part an entity might have to be obligated to backgrounds and abilities to make sure of this law, basically, the government follow or if you pass a regulation that these are people who can help Puerto of Puerto Rico will have to try to come might be for the well-being and health Rico guide its way through the future. to an understanding with its creditors and safety of the people of Puerto Rico They should come from the island, and to see if they could work out some- or if you pass an executive order, if it that is exactly what my legislation thing they could agree before getting fails to comply with what we believe would call for. access to restructuring. But it is the are the policies established by us, we But I wanted to be reasonable and board, in its sole discretion, that deter- have the right to basically override it open to compromise, which is why my mines whether Puerto Rico has actu- and to prevent the execution or en- amendment only would require two ally had a good-faith effort. forcement of it. members of a nine-person board to be What if you have members appointed So this substitutes the oversight chosen by Puerto Rico. Certainly, we who believe that creditors should get board’s opinion of what, in fact, is in can all agree that the people who will every dime they invested—even the

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.055 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4625 vulture funds that Senator SANDERS metrics, the bill doesn’t guarantee the structure all of its debts, why would we was talking about, which bought ex- restructuring—not even close. Instead, leave that authority to chance or to tremely low at high interest rates and PROMESA requires a super majority 5- the sole discretion of a control board want to maximize their profits—and to-2 vote of the control board for any of for which only three can deny that op- the oversight board says: No, you the island’s debts to be restructured. portunity ever? haven’t made sufficient good-faith ef- I grew up understanding basically Now, PROMESA also doesn’t provide fort to reach a consensual restruc- that the majority rules, and that is a enough protections to ensure the turing with your creditors; go back. fundamental element in my view. I health, safety, and well-being of the So the Governor of Puerto Rico goes know that in the Senate we have a 60- people of Puerto Rico. The bill only re- back and tries again. He is weighing all vote requirement for closing a fili- quires the board to ‘‘ensure the funding of the elements of what is important buster, coming to an end on a piece of of essential public services,’’ which, for him to be able to govern like any legislation to move forward, but, gen- when coupled with creditor priorities Governor of any State would, with all erally, we come from the perspective throughout the bill, leaves the people of the interests of its people in every that majority rules. Here we have a of Puerto Rico at the mercy of the con- dimension. So the Governor goes back super majority that has to determine trol board. Even in this Chamber we and tries to work with the creditors, it. By virtue of insisting on a super ma- have debates as to what is the nec- but the creditors know this: You know, jority, there is another, terrible, ad- essary funding to ‘‘ensure the funding this oversight board is on my side on verse possibility that a minority, or of essential public services.’’ Some- this question, so I can squeeze the Gov- three people of the board—since there times it is ideological, sometimes it is ernor harder and harder and harder, be- are seven, you need five—say: No, we partisan, and sometimes it is not par- cause at the end of the day, it is the are not satisfied; we don’t believe we tisan. Members get together and say: We think there should be more for de- oversight board, in its sole discretion, should go to restructuring, even fense, and Republicans and Democrats that will make a determination as to though four other members of this might very well come together for whether there have been good-faith ef- board, as presently determined, can that. We think there should be more to forts to reach a consensual restruc- say: Well, yes, we think Puerto Rico deal with the Zika virus, and Repub- turing with the creditors. has done enough to go to restructuring. licans and Democrats might come to- We would like to think that this But if those three stay strong and say: gether for that, but sometimes we dis- board will be totally aboveboard, that No, we don’t think you have done agree. their only interest is doing the right enough to do restructuring, then the The bottom line is that determina- thing for the people of Puerto Rico. minority can thwart the will of the tion to give to an oversight board, in- But you grant this much power— majority and thwart the whole process stead of to the elected Government of unelected and unresponsive. If I read of why we are in the midst of having Puerto Rico, the authority to deter- the legislation right, they may have to legislation in the first place, which mine what is ‘‘ensure the essential do a report annually or every so often. again is to give the people of Puerto funding of the public services.’’ We But for the most part, the control Rico a chance for restructuring. So have debates about that here all the board operates on its own. It has that that means that these three people, a time—robust debates. Why should such $370 million of dedicated funding, and minority of the board, could derail the a debate and an ultimate determina- dictates how long it will live because it island’s intent to achieve sustainable tion be left to seven unelected, unac- has the ultimate discretion as to debt repayments. countable individuals? I have two whether after 5 years whether Puerto Now, as to sustainable debt pay- amendments to fix this if we had an op- Rico has created a fiscal stability that ments, that means: Yes, we want to portunity for an amendment. One meets the standard in their sole discre- repay our debts, but we have to be able would strengthen the funding require- tion and also that determines whether to sustain the health, well-being, and ment for essential services by requiring or not they have access to the bond protection of our people at the same funding ‘‘at a level that increases the market in their sole discretion. If not, time that we pay those debts. That is safety, health, and standard of living of they can extend their life. When they what restructuring is all about—to per- the people of Puerto Rico.’’ extend their life, they keep control mit both to take place. Another amendment would require over the people of Puerto Rico. Without any authority to restructure the fiscal plan to reduce factors that So whoever is the Governor of Puerto its debt, all this legislation will do is lead to economic out-migration from Rico—this will extend far beyond the to take away the democratic rights of the island. These are two priorities we present Governor. It is not even this 3.5 million Americans and leave the fu- should all share, Democrats and Repub- present Governor, who will be leaving ture to wishful thinking and a prayer licans alike. We saw all too painfully office at the end of this year. There that the crisis will somehow be re- what happened in Flint when budgets will be elections, and there will be a solved. came ahead of people. We saw it when new Governor. That new Governor is Instead of leaving this critical deci- budgets came ahead of people. Bal- going to potentially have this enor- sion up to the whims of a minority of anced budgets don’t mean much when mous, omnipotent power in a board the board, one of my amendments children are poisoned by the water that can squeeze it in a way that is would provide a clear path to restruc- they drink. It seems to me we have to simply unfair to the citizens of Puerto turing by removing this arbitrary vote learn from history and balance fiscal Rico. requirement. responsibility with the well-being of They go on to say in that same vein Instead, under my amendment, the children and families. that not only is it about the Governor government or instrumentality would Finally, I would plan to offer an of Puerto Rico, but it is whether ‘‘the be able to restructure its debts once it amendment to protect senior citizens entity is either a covered territory has engaged in good-faith efforts to and avoid an increase in elderly pov- that has adopted a Fiscal Plan certified reach a consensual agreement with erty. PROMESA currently improves a by the Oversight Board, a covered ter- creditors, establish a system to develop vague and undefined requirement to ritorial instrumentality that is subject and make public, timely, audited fi- ‘‘provide adequate funding for public to a Territory Fiscal Plan certified by nancial statements, and adopted a fis- pension systems.’’ the Oversight Board, or a covered terri- cal plan that was ultimately approved We are having debates about Social torial instrumentality that has adopt- by the board, but done in such a way Security as a form of a pension system, ed an Instrumentality Fiscal Plan cer- that takes into account all of the ele- and we have debates in the States tified by the Oversight Board.’’ ments that are important for the Gov- about what their public pension plans And as it relates to modifying, if ernor and Legislature of Puerto Rico to are. To suggest that this oversight they can come to an agreement if there consider on behalf of its people, as we board—with the words ‘‘provide ade- is a modification, only the board can as a legislative body consider on behalf quate funding,’’ it is going to be their determine if such modification is ac- of the American people. sole discretion as to what adequate cepted. But that is not even the tough When the main purpose of this bill is funding means. They may think ade- part. Even if Puerto Rico meets these to give Puerto Rico the tools to re- quate funding is enough to pay only

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.056 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4626 CONGRESSIONAL RECORD — SENATE June 28, 2016 half of what recipients are supposed to said as we began this legislative ses- Puerto Rico remained a colony, with receive. They may decide that certain sion that we need to open up the legis- all the trappings of the Old World, the categories of recipients may not re- lative process in a way that allows United States was no better than colo- ceive full funding, and others may. more amendments from both sides— nial powers of the Old World. So the When you read the words ‘‘adequate and allow us to call this bill up, I Jones Act created a bill of rights which funding,’’ what that funding is goes un- would add—for debate so that we can extended many U.S. Constitutional defined with a board that nearly 30 do what we are elected to do. rights to Puerto Rico, and that was the times has ‘‘in their sole discretion’’ the Here we are, not even talking about beginning of having respect for all of ability to determine what things are. having more amendments; we are not the citizens of Puerto Rico. Again, it is an enormous grant of having any amendments to this bill. The bill created a more autonomous power. Somehow we think the 3.5 million citi- government with three branches, much So those who have worked a lifetime zens of Puerto Rico don’t deserve the like that of the United States—the in Puerto Rico and now are pensioned debate we would insist on for any of Governor, the executive branch, the in Puerto Rico will be at a lesser stand- the citizens of our States or of this Na- Attorney General, a commissioner of ard in terms of protection than the tion. education. The Governor appointed the bondholders and the hedge funds and I have read through several of the remaining heads of executive depart- all those entities that made huge in- letters that we asked unanimous con- ments. The Puerto Ricans directly vestments, trying to make a killing. sent to include, and I think they speak elected the members of the bicameral Pensioners have no real protection at powerfully about the views of the peo- legislature. Most importantly, the the end of the day. Maybe it is true ple of Puerto Rico as they relate to Jones Act stated that all Puerto that the present system doesn’t guar- what, in fact, should be the process— Ricans are ‘‘hereby declared and shall antee them all the protections they that there should be an effort to have be deemed and held to be citizens of the want to have, but we do nothing by amendments to change the law that is United States.’’ saying this is your fig leaf. We rein- being proposed in such a way. But Interestingly enough, one of the im- force in the language of PROMESA the there is a history, and I sometimes mediate results and motivating factors importance of bondholders but mini- wonder about our knowledge of Puerto for the change was the extension of mize the importance of pensioners. Rico and its people and its history. conscription. The Selective Service Act Our amendment would ensure that As I said, I used to serve in the of 1917 drafted 20,000 Puerto Rican sol- senior retirees and pensioners are bet- House, and people would ask whether diers into World War I—20,000 Puerto ter protected from the whims of the you needed a passport to go to Puerto Rican soldiers into World War I. control board. After all, retirees in Rico. I thought they were kidding, but The Great Depression severely af- Puerto Rico, who spent 30 years serv- they weren’t. They did not understand fected Puerto Rico due to its connec- ing the island as police officers, fire- that the people of Puerto Rico are tion to the United States economy. Re- fighters, teachers, and nurses didn’t United States citizens and have every lief didn’t arrive for Puerto Rico until have any choice but to participate in right and responsibility that any other the appointment of Governor Rexford the pension plan. They had mandatory citizen of the United States has. They Tugwell in 1941. Governor Tugwell was participation. So you mandate them to can come to the mainland of the an economics professor at Columbia participate, but now you are sug- United States and have all the full University and was part of President gesting that a control board can make rights and privileges of any other cit- Roosevelt’s brain trust of Columbia a decision as to what is sufficient and izen. That goes back to the 1900s when, academics. He was dedicated to bring- what is not sufficient. on April 12, 1900, President McKinley ing economic growth to the struggling Unlike hedge funds, which were able signed the Organic Act of 1900, also island. He first suggested the idea of a to pick and choose what investments known as the Foraker Act, which es- popularly elected Puerto Rican Gov- to make and often bought bonds at tablished the civil government of Puer- ernor to President Roosevelt in 1942. pennies on the dollar, public servants to Rico. The third principle of the Atlantic had to invest in the pension system. The President of the United States Charter prepared by President Roo- They had no way of knowing their nest appointed a Governor and Executive sevelt and Prime Minister Winston egg, which they worked their entire Council, and Puerto Ricans elected Churchill read that they respect ‘‘the lives for, was at risk of being taken their own 35-member House of Rep- right of all peoples to choose the form away. They didn’t contribute to the fis- resentatives and enjoyed a judicial sys- of government under which they will cal problems facing Puerto Rico. They tem with a supreme court. A Resident live,’’ and they wished to see the sov- didn’t borrow so much or fail to make Commissioner was to be sent to the ereign rights of self-governance ‘‘re- annual contributions to the fund. They U.S. Congress to advise but not to vote. stored to those who have been forcibly did all the right things. So why should In addition, the Federal laws of the deprived of them.’’ they lose their retirement funds? United States came into effect for On February 10, 1943, the Puerto This is just a small example of the 30 Puerto Rico, while also formally recog- Rican Legislative Assembly, under its amendments that I filed, which should nizing citizenship. president of the senate at that time, give my colleagues some idea of how Some at the time argued that the Or- Luis Munoz Marin, unanimously adopt- flawed I believe this bill to be and how ganic Act of 1900 denied Puerto Ricans ed a concurrent resolution to ‘‘lay be- extensive the Senate debate should be. the basic rights guaranteed in the Con- fore the President and the Congress of I know, as all of us know, that success stitution and constituted taxation the United States of America the right on amendments is never guaranteed. without representation, the very es- of the people of Puerto Rico that the But at the very least—at the very sence now, quite a long period of time colonial system of government be least—the people of Puerto Rico de- later—116 years later, we are having ended and to decide democratically the serve a thorough and thoughtful debate that same debate by virtue of this permanent political status of Puerto on the Senate floor and the oppor- oversight board, and, in essence, the Rico as expeditely as possible, imme- tunity to offer amendments. They de- act made a sham of the Democratic diately if feasible.’’ serve more than the Senate holding its principles upon which the United President Roosevelt, in 1943, formed a nose to improve an inferior solution. States was founded. commission to evaluate the Jones Act. I filed the amendments to show the So in 1917, President McKinley signed The commission heard Munoz Marin’s breadth and scope of what is wrong the Jones-Shafroth Act, known as the grievances, but it didn’t recommend with PROMESA, but I would be happy Jones Act, into law. That law amended the vast changes he had hoped for. In- to agree to the most important ones the previous Foraker Act and changed stead, it recommended the Puerto having an up-or-down vote. I think the Puerto Rico’s status to an organized Rican people must be consulted—must 3.5 million citizens of Puerto Rico de- but unincorporated territory. At this be consulted—and agree to any further serve at least that. I would hope the time, Americans were still grappling changes to the Foraker Act. The com- majority leader, Senator MCCONNELL, with what their imperialistic empire mission also indulged Governor would stand true to his word when he meant for them and for their Nation. If Tugwell’s original recommendation

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.058 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4627 that the Governor of Puerto Rico be U.S. warships into harbor, shielding tion.’’ After disembarking at Pusan, elected by the Puerto Rican people. them from attack from a powerful South Korea, in September 1950, the That first formal change to the Jones British warship, the HMS Glasgow. De- regiment blocked the escape routes of Act came with the 1947 Elective Gov- spite British demands, the Puerto retreating North Korean units and ernor Act, and in 1948 Luis Munoz Rican Governor held strong and refused overcame pockets of resistance. In a Marin became Puerto Rico’s first popu- to hand over the ships to the British critical battle near Yongam-ni, the larly elected Governor. Munoz Marin commander, protecting American sail- regiment defeated a force of 400 enemy was determined to redefine Puerto ors from imminent capture or worse. troops, and by the end of October, they Rico’s status and his relationship to Two years later, Puerto Ricans took captured 921 prisoners while killing or the United States, and he found a part- up arms and joined in an invasion of wounding more than 600 enemy sol- ner in U.S. Senator Millard Tydings. Pensacola, which was then the British diers. Their success led GEN Douglas By 1945, Tydings was ready to file his capital of its West Florida Colony. McArthur to observe that the regiment third bill for Puerto Rican independ- They subsequently defeated a British was showing magnificent ability and ence. Army 2,500 soldiers strong, capturing courage in field operations. President Truman sent a special mes- the stronghold and draining resources As the Borinqueneers continued to sage to Congress concerning the status from the British. fight and played a major role in the of Puerto Rico, calling for legislation It was Puerto Rican soldiers who Army’s operations, General McArthur that would become known as the took up arms in the U.S. Civil War, de- further recognized their service by say- Tydings-Pinero bill. It called for a ref- fending Washington, DC, from attack ing this: erendum to choose from three options: and fought in the Battle of Fredericks- The Puerto Ricans forming the ranks of independence, Statehood, or Common- burg. Some served as officers in the the gallant 65th Infantry on the battlefields wealth. That bill died in committee but Union Army, as in the case of Lieuten- of Korea by valor, determination, and a reso- was an important moment in the his- ant Augusto Rodriquez. In 1862, lute will to victory give daily testament to tory of the U.S.-Puerto Rico relation- Augusto Rodriquez volunteered for the their invincible loyalty to the United States ship. 15th Connecticut Volunteer Infantry and the fervor of their devotion to those im- The provisions for an associated and first held the rank of First Ser- mutable standards of human relations to which the Americans and Puerto Ricans are State set the foundation for the even- geant and then promoted to 2nd Lieu- in common dedicated. They are writing a tual Commonwealth status of the tenant on April 12, 1864. He led his men brilliant record of achievement in battle and President of Puerto Rico, and it is that in the Battles of Fredericksburg and I am proud indeed to have them in this com- status by which, in 1952, the Constitu- Wyse Fork and earned the Army Civil mand. I wish that we might have many more tion of Puerto Rico officially estab- War Campaign Medal. like them. lished the Commonwealth of Puerto In World War I, approximately 20,000 General McArthur. Rico. Following amendment and ratifi- Puerto Ricans were drafted into the I am proud to say I worked with Sen- cation by the U.S. Congress, Governor U.S. Armed Forces. The first shot the ator BLUMENTHAL and others to make Luis Munoz Marin enacted the Con- U.S. fired in World War I was aimed at sure the heroic Borinqueneers received stitution on July 25, 1952. German ships sailing out of San Juan their well-deserved and long overdue Why do I share that history? Because Bay to attempt to supply enemy U- national recognition of the Congres- in that whole process, there was a de- boats waiting in open waters in the At- sional Gold Medal, the highest expres- sire to give greater say, to give greater lantic. In a separate engagement, LT sion of national appreciation for distin- oversight, to give greater consent to Fredrick Riefkohl became the first guished achievements and contribu- the governed—to the people of Puerto sailor of Puerto Rican descent to be tions to the United States. That reso- Rico. It built slowly to the point at awarded the Navy Cross, after he dis- lution, by the Senate and the House of which it got to elect its own Governor persed a German U-boat after a torpedo Representatives, read: and its own legislature. Now we are es- narrowly missed his ship. Lieutenant That Congress finds the following: sentially considering a piece of legisla- Riefkohl continued to serve in the (1) In 1898, the United States acquired tion that snatches that away from the Navy after World War I and then went Puerto Rico in the Treaty of Paris that people of Puerto Rico and says: No, you on to command a ship that took part in ended the Spanish-American War and, by the don’t have the right to consent of the the Battle of Guadalcanal during World following year, Congress had authorized rais- government. We will govern you as we War II. ing a unit of volunteer soldiers in the newly see fit, through an oversight board that It is estimated that more than 65,000 acquired territory. (2) In May 1917, two months after legisla- is totally unelected and nonrepresenta- Puerto Ricans served in U.S. Armed tion granting United States citizenship to tive. Forces during World War II. Many sol- individuals born in Puerto Rico was signed While the people of Puerto Rico diers from the island served in the 65th into law, and one month after the United weren’t granted U.S. citizenship until Infantry Regiment that was deployed States entered World War I, the unit was 1917, the island has a long and proud to the Panama Canal Zone and in Ger- transferred to the Panama Canal Zone in history of fighting on the side of Amer- many and Central Europe. Individual part because United States Army policy at ica long before. I want to talk about awards earned by soldiers of the 65th the time restricted most segregated units to that history because it seems to me Infantry Regiment during World War II noncombat roles, even though the regiment could have contributed to the fighting effort. that if you are worthy of putting on include: a Distinguished Service Cross, (3) In June 1920, the unit was re-designated the uniform of the United States, if two Silver Stars, two Bronze Stars, and and the ‘‘65th Infantry Regiment, United you are worthy of fighting for the 90 Purple Hearts. The regiment re- States Army’’, and served as the United United States, if you are worthy of ceived campaign participation credit States military’s last segregated unit com- taking a bullet for your country, if you for Rome-Arno, Rhineland, Ardennes- posed primarily of Hispanic soldiers. are worthy of dying for your country, Alsace, and Central Europe. (4) In January 1943, 13 months after the at- then you are worthy of having the The Korean war. It started with the tack on Pearl Harbor that marked the entry right of the government to be—the con- Revolutionary War. We are up to the of the United States into World War II, the Regiment again deployed to the Panama sent of the government to be governed. Korean war. Sixty-one thousand Puer- Canal Zone before deploying overseas in the This is a long and proud history of to Ricans served in the military during spring of 1944. the people of Puerto Rico from the in- the Korean war. Once again, the 65th It goes on to speak to a lot of what I fancy of our Nation. This goes back— Infantry Regiment, known as the previously said as it relates to the in- before the Commonwealth, the people Borinqueneers—the segregated mili- credible elements of it. It goes on to of Puerto Rico have been there with us. tary unit composed almost entirely of say: As far back as 1777, Puerto Rican ports soldiers from Puerto Rico—played a were used by U.S. ships, enabling them crucial and prominent role in the Ko- (6) Although an executive order issued by President Harry S. Truman in July 1948 de- to run British blockades and keep com- rean war just as they did during World clared it to be United States policy to ensure merce flowing, which was so crucial to War I and World War II. Their storied equality of treatment and opportunity for all the war. In one instance, members of history has been described as ‘‘one of persons in the armed services without re- the Puerto Rican militia guided two pride, courage, heartbreak and redemp- spect to race or color, implementation of

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.059 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4628 CONGRESSIONAL RECORD — SENATE June 28, 2016 this policy had yet to be fully realized when PROMESA? False promise? A control and Afghanistan, so that my colleagues armed conflict broke out on the Korean Pe- board with no representation, one that understand that the people of Puerto ninsula in June of 1950, and both African- will determine every aspect of its life, Rico have been just as American as American soldiers and Puerto Rican soldiers that supersedes the duly elected Gov- anyone from Colorado or New Jersey or served in segregated units. (7) Brigadier General William W. Harris, ernor and Legislature of Puerto Rico in California or New York or Mississippi. who served as the Regiment’s commander virtually every significant way? Their They have served on behalf of the Na- during the early stages of the Korean War, invincible loyalty to the United States, tion. They have shed blood on behalf of later recalled that he had initially been re- where is ours to them? ‘‘And the fervor the Nation, and many of them have luctant to take the position because of ‘‘prej- of their devotion to those immutable committed the ultimate sacrifice on udice’’ within the military and ‘‘the feeling standards of human relations to which behalf of the Nation. On Veterans Day of the officers and even the brass at the Pen- the Americans and Puerto Ricans are and Memorial Day, we all rightfully tagon . . . that the Puerto Ricans wouldn’t in common dedicated. . . . I wish that honor those who have served and those make a good combat soldier. . . . I know my who have committed the ultimate sac- contemporaries felt that way and, in all hon- we might have many more like them’’ to send. rifice. esty, I must admit that at the time I had the How is it that we dishonor their same feeling . . . that the Puerto Rican was I was really thrilled to go to the Con- a rum and Coca-Cola soldier.’’ gressional Gold Medal ceremony. It memories by taking away the consent (8) One of the first opportunities the Regi- was a fitting and appropriate moment of the government? Why can’t we have ment had to prove its combat worthiness to recognize the 65th Infantry Regi- a simple opportunity to show the rest arose on the eve of the Korean War during ment, but the way we really would of the world that we are not colonial- Operation PORTREX, one of the largest honor them and their sacrifice on be- ists in our views, that we can have military exercises that had been conducted half of our Nation would be to say that amendments to improve the oppor- up until that point, where the Regiment dis- tunity for the people of Puerto Rico to tinguished itself by repelling an offensive you fought for our collective freedom, and we will fight for your rights to ul- feel that they have some say about consisting of over 32,000 troops of the 82nd their future: These are tough times, Airborne Division and the United States Ma- timately govern by your will, not by and we will make tough decisions, but rine Corps, supported by the Navy and Air the will imposed by us. Force, thereby demonstrated that the Regi- It is pretty amazing to me, if you we will come through it together as we ment could hold its own against some of the were to go with me to the Vietnam Me- always have, and we will have a say in best-trained forces in the United States mili- morial, you would see an estimated it. Why can’t we do that? What is the tary. urgency, especially with retroactivity 48,000 Puerto Ricans who served in (9) In August 1950, with the United States in the bill? What is this false urgency Vietnam. The contributions of those Army’s situation in Korea deteriorating, the of July 1? I think July 1 is important, brave soldiers are many. The highest Department of the Army’s headquarters de- mind you, but what is the false ur- cided to bolster the 3rd Infantry Division decoration, the Medal of Honor, was gency at the end of the day to suggest and, owing in part to the 65th Infantry Regi- awarded to SSG Felix M. Conde-Fal- that you can’t get it right and to, in ment’s outstanding performance during Op- con, SP4 Hector Santiago Colon, CPT my view, dishonor the sacrifices that eration PORTREX, it was among the units Euripides Rubio, PFC Carlos Lozada, so many Puerto Ricans have made? selected for the combat assignment. The de- and CPT Humbert Roque Versace. One cision to send the Regiment to Korea and at- We remember 20-year-old SPC tach it to the 3rd Infantry Division was a of the most decorated U.S. military Frances Marie Vega of Fort Buchanan; landmark change in the United States mili- servicemembers in the Vietnam war SPC Lizbeth Robles, a 31-year-old na- tary’s racial and ethnic policy. was Jorge Otero Barreto. He was born tive of Vega Baja; and Aleina Ramirez (10) As the Regiment sailed to Asia in Sep- in Vega Baja and served five tours dur- Gonzalez, who was 33 years old and tember 1950, members of the unit informally ing the war. He participated in 200 grew up in Hormigueros. They gave decided to call themselves the combat missions, earned 38 military ‘‘Borinqueneers’’, a term derived from the their lives in Iraq. decorations, including 3 Silver Stars, 3 I am afraid this bill doesn’t honor Taino word for Puerto Rico meaning ‘‘land of Bronze Stars, 5 Purple Hearts, and 5 the brave lord’’. them. Mark my words, if we don’t seize (11) The story the 65th Infantry Regiment Air Medals. this opportunity to address this crisis during the Korean War has been aptly de- To this day, more than 10,000 sons in a meaningful way, we will be right scribed as ‘‘one of pride, courage, heart- and daughters of Puerto Rico continue here next year picking up the pieces, break, and redemption’’. to proudly serve in the U.S. Armed but they will, sadly, be pieces because (12) Fighting as a segregated unit from 1950 Forces, following in the legacy of those we have not done in this legislation to 1952, the Regiment participated in some of who served before and in the spirit of what is necessary to help the people of the fiercest battles of the war, and its tough- the Borinqueneers. Puerto Rico. ness, courage and loyalty earned the admira- In fact, just over 2 years ago, Con- tion of many who had previously harbored There is a reason we call this country reservations about Puerto Rican soldiers gress passed a resolution honoring the United States of America, whether based on lack of previous fighting experience them for their heroism. it is the terrible flooding that is taking and negative stereotypes, including Briga- During Operations Desert Shield and place in West Virginia—I think of my dier General Harris, whose experience even- Desert Storm, 1,700 Puerto Rican Na- colleagues, Senator MANCHIN and Sen- tually led him to regard the Regiment as tional Guardsmen were deployed. Four ator CAPITO. I know what that can do ‘‘the best damn soldiers that I had ever brave Puerto Rican soldiers paid the after Superstorm Sandy; I lived it in seen’’. ultimate sacrifice to the Nation in the New Jersey and in our region—or when (13) After disembarking at Pusan, South Gulf War. Captain Manuel Rivera, a Korea in September 1950, the Regiment I cast votes for wildfires in the West, blocked the escape routes of retreating marine, was the first serviceman of for flooding in Mississippi or that went North Korean units and overcame pockets of Puerto Rican descent to die in Oper- on with Katrina. There is a reason we resistance. The most significant battle took ation Desert Shield. call this country the United States of place near Yongam-ni. . . . Its success led The war in Iraq and Afghanistan was America. There are reasons we are General McArthur . . . to observe that the fought with as many as 1,800 Puerto United States citizens. The people of Regiment was ‘‘showing magnificent ability Rican servicemembers. Our volunteer Puerto Rico are also United States and courage in field operations’’. soldiers all face inherited risks of de- citizens, and they need to be treated no I share this because here we are hear- fending our freedoms. We honor their less. They need to be treated as citi- ing the great GEN Douglas McArthur sacrifices on Memorial Day. We pay zens, not subjects. saying that ‘‘the Puerto Ricans form- tribute to their dedication, but we are Once again, I would highlight the na- ing the ranks of the gallant 65th Infan- here to take away the rights away ture of problems with legislation and try on the battlefields of Korea by from their sons and daughters to have what we can do about it. There are five valor, determination, and a resolute a say over their future, to have the critical flaws that we can correct in will to victory give daily testament to basic concept of what it is to live in a the Senate: ‘‘an undemocratic, neo-co- their invincible loyalty to the United democracy, to have the consent of the lonial control board—majority ap- States.’’ government. pointed by Republicans, none by the So where is our invincible loyalty I share this long history from the people of Puerto Rico.’’ With the gal- back to the people of Puerto Rico? Revolutionary War to today, to Iraq lantry and the devotion they have had

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.061 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4629 to our country, they should have rep- to overrule decisions that you make. If The list is unlimited. The oversight resentation on the board. It is not too our States were ever in a precarious board can impose mandatory cuts on much to ask. economic problem, which one of our Puerto Rico’s government and instru- ‘‘Prioritization of hedge funds over States would be willing to accept that mentalities, meaning not just the main retirees and essential services’’—noth- from a control board? government but all these subdivi- ing is wrong with that. The oversight board can effectively sions—a power far beyond that exer- ‘‘Lack of a clear path to restruc- nullify any new laws or policies adopt- cised by the control board established turing’’—that is the only reason we are ed by Puerto Rico that did not conform for the District of Columbia. That is a considering this legislation. The only to requirements specified in the bill. pretty powerful board. Look, this reason we are even considering a bill is They can nullify. ‘‘Nullify’’ means the power that we gave is even greater to provide a pathway to restructuring. Governor of Puerto Rico opposes— than what the District of Columbia There is no clear pathway. We need a maybe the legislature, as we do, comes had. So it is like pounding on your supermajority vote of the board. up with a legislative idea. They send it chest; we gave this board even more The majority is supposed to rule, not to the President, and in their case, power. a supermajority. When you require a they send it to the Governor. He may Neither the Governor nor the legisla- supermajority, a minority of the seven- agree with them and sign it. Guess ture may exercise any control, super- member board—three—could stop the what. The oversight board can effec- vision, oversight, or review over the pathway to restructuring. tively nullify any of those new laws or oversight board or its activities—no ‘‘Continued disparity in health care policies if they do not conform to re- power whatsoever. funding and tax credits’’—it doesn’t quirements specified in the bill—a bill This is one of the ones that is the even talk about that in this legisla- that says nearly 30 times ‘‘in the con- most amazing to me because a budget, tion. By the way, the way we grow trol board’s sole discretion,’’ which is as I have said several times, is in es- prosperity—I am sure Americans an enormous grant of power without sence the single-most significant thing watching tonight’s debate would say to defining what that means. We know we do as legislators. How do we provide themselves: Wow, cut the minimum what the general use of ‘‘in your sole for the common good? How do we pro- wage to $4.25 per hour. That is really discretion’’ means. It is, ‘‘I get to de- vide for education? How do we provide going to make me more prosperous. It cide how I see fit.’’ for health care? How do we provide for is really going to help me sustain my How could we accept such an enor- retirement? What incentives do we give family. It is really going to be able to mous grant of power for such an impor- to business? What do we do to ulti- educate my kids. It is really going to tant part of being able to nullify any mately protect our country in the be able to keep my home. It is really law the elected representatives of the homeland? What do we do to defend our going to be able to take care of mom or people of Puerto Rico, the Governor, country abroad? How do we promote dad. It is really going to help me retire. and its legislature adopt? But that is our foreign policy? All of these things I don’t think they would say that, but exactly what this legislation that we and so much more—what tax credits do for the people of Puerto Rico, that is are going to vote for does, and a vote we give to our families so they are able good enough. If they have to work long for this is a vote to do exactly that—to to raise their children? What benefits overtime, protection—we don’t have give this oversight control board the are we going to give so there can be any reason to have that. power to nullify whatever the people of homeownership? How do we provide for I want to go through some of the spe- Puerto Rico want to see by virtue of retirement opportunities? cific language this bill has and talk their elected representatives, the Gov- All of these are contained in the about the consequences of that lan- ernor and the legislature. budget, which we provide by the con- guage one more time. My colleagues I don’t know who among us would sent of the government. We are the rep- have an opportunity to change this and cast such a vote if it meant our States resentatives of the government. We to be able to do it in such a way that would have the will of the people nul- provide these. They may not like some we can get it right and do it well and lified for its elected representatives. of our decisions, but they have that in time. There are other provisions here as chance to change it when it is time for I have some understanding that the well. I am reading to you, by the way, elections. But here, it doesn’t matter, House is considering a pro forma ses- from the House Natural Resources Governor of Puerto Rico; it doesn’t sion. There is no reason why—we have Committee language. This is not be- matter, legislature of Puerto Rico. Yes, reasonable amendments here, hopefully cause I am saying it; it is not my inter- you were elected by the people of Puer- supported by some of our Republican pretation of the bill. No, it is what the to Rico, but the oversight board shall colleagues—we can’t get this right. majority in the House Natural Re- determine in its sole discretion—again, They could adopt it in a pro forma ses- sources Committee put in their bill an enormous grant of power—whether sion, or to those who are worried about language, and at the end of the day each proposed budget is compliant with the July 1 date, there are retroactive says: ‘‘The Oversight Board may im- an applicable fiscal plan. provisions of the law, and that retro- pose mandatory cuts on Puerto Rico’s We have a chart that speaks to the activity could encompass any period of government and instrumentalities—a fact that if, in fact, there is a back and time there is a gap, as it does right power far beyond that exercised by the forth and there is a decision that the now. It goes back retroactively to Control Board established for the Dis- Governor’s budget is not sufficient, freeze actions going back to December trict of Columbia.’’ then at the end of the day, the over- of last year. They can make decisions that say: sight board can make that determina- Under this legislation, the board You know what, you are spending too tion. would have broad sovereign—sovereign much on education; you can do with So the oversight board can go back is important; it means ‘‘unto itself’’— fewer teachers. You are spending too and forth with the Governor. The Gov- powers to effectively overrule decisions much even in the midst of the Zika ernor, as the elected representative of by Puerto Rico’s Legislature, Gov- health crisis; you put too much in that the Puerto Rican people, is going to ernor, and other public authorities. budget for health care. Yes, there is a think about this: How much money do What is the use of electing our lead- challenge of crime in Puerto Rico, par- I need to educate our people? How ership, what is the use of electing a ticularly in the urban areas, but you much money do I need for health care— Governor and a legislature in a State if will have to do with fewer police. Tour- especially the Zika virus. How much we can have a control board that says: ism is important to you as a revenue money do I need to protect the citizens Sorry Governor, sorry legislature, this source, but you are doing too much ad- of Puerto Rico? How much money will is what the people of Puerto Rico may vertising to try to get people into we be able to provide for higher edu- want, and this is what you may rep- Puerto Rico, especially in the midst of cation so we have the human capital to resent, but, no, we know better. We people’s concern about the Zika virus, fuel the economy of the Common- know better through this control but for you to say it is still safe to wealth? board, which doesn’t represent you, by come to Puerto Rico, it has been taken But he does that in conjunction with the way, and we will ultimately be able care of; you are spending too much. the legislature. He has the checks and

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.062 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4630 CONGRESSIONAL RECORD — SENATE June 28, 2016 balances that we do as a legislature because many Americans feel that re- way it imposes upon the people of with the executive branch—in our case gardless of all of these macroeconomic Puerto Rico a board that will control it is the President; in his case, the Gov- numbers—I can tell people all the time their destiny without any say in it, ernor—and all of those considerations that the GDP has grown, that we have without any representation; with a go back and forth. But at the end of the lowest rate of unemployment, that control board that can determine and the day, if the oversight board doesn’t we have seen X number of consecutive dictate what its future will be in fiscal like any of the budgets that have been years—I think 6 or 7—of private sector policy, in cuts to expenditures; how it sent to them, they can say: OK. We will job growth, a whole host of economic will be able to deal with siting environ- deem—first of all, we will devise a indicators that would say things are mental issues; how it will be able to budget. We will say the Governor has, moving in the right direction, but in create the pressure because this con- in essence, approved this budget, even the average life of many Americans, trol board is the gatekeeper to restruc- though he didn’t, and we will deem it they feel their wages are stagnant. I turing. It can say: Sorry. You really to go into full force and effect. And, by think that has given a great rise to the should use those provisions the Con- the way, if the revenue projections we unrest that exists in our national poli- gress gave you to lower the minimum made—the oversight board—in that tics because you can tell people: Look wage, to provide for exemptions from budget are wrong, we will be able to at all these macroeconomic numbers, overtime protections because that is make mandatory cuts in the nondebt and they say: Yes, but in my life, my really a pathway to prosperity. In all obligations—nondebt expenditures, wages are stagnant. I haven’t seen a these respects, this bill is so undemo- which basically means that the money growth in my wages and income. I have cratic and yet it is further exacerbated to pay the debts will not be touched, seen a growth in my challenges: in edu- by the fact that we have an undemo- but everything else, even though they cating my kids, in making sure they cratic process here. are the ones who created the budget, if don’t have a lot of debt; in preparing So I hope my colleagues will—I un- it falls short, they can arbitrarily and for retirement, which I am now putting derstand sometimes the deck is capriciously decide to make cuts in off because there is no way I can retire stacked against you. I have been nondebt expenditures. in that period of time; taking care of around long enough in the legislative So with respect to the government, loved ones, where people increasingly process in the House and the Senate to they can make appropriate reductions take care of members of their family— understand those moments, but there in nondebt expenditures. That means on a whole host of issues. But the peo- are moments you have to stand in the they are going to make decisions about ple of Puerto Rico will ultimately have way. I believe that while the deck may health and welfare and public safety less of a minimum wage for a young be stacked, it can be reshuffled, and it and education and all the things crit- part of the population, and they will can be reshuffled by voting against clo- ical for the lives of 3.5 million citizens have less in terms of overtime protec- ture, so we can have—not to kill this of Puerto Rico. tion. bill but to improve it, to make it more So that clearly is an incredible grant Why would we, the party that wants democratic, to have it live within the of power to have mandatory budget to see rising wages and overtime pro- ideals we all share—Republicans and cuts. tections, say to the people of Puerto Democrats alike—what representative The other issue is, this legislation Rico: You deserve less. As guardians of democracy is all about, about Jeffer- fast-tracks developments on the island the environment who want to see a bet- sonian principles, about the Founders as it relates to energy. Now, many of ter environmental quality for all of our with the consent of the governed. Puer- my colleagues have been so rigorous in citizens, why would we say to the peo- to Ricans have no less a right to be a their advocacy for making sure we get ple of Puerto Rico they deserve less? part of the consent of the governed and our energy policy right; that we have Why would we be some of the strongest to be governed by their consent. So we the right balance, that we have the advocates of democracy here at home can make this better. right laws to observe the right siting. in our own elections and in the world Now, if a majority of the Senate—if If we are going to have a new energy and say to the people of Puerto Rico 60 Members of the Senate vote for clo- plant, what does it look like? Is it gas- they deserve less? Why do we work so ture, there is one other procedure I will fired? Is it coal-fired? Is it some other hard to honor the men and women who pursue after cloture, which would still fuel source? Where is it going to be lo- served our country in uniform? And we allow us the opportunity for amend- cated? What air quality emissions are want to see the best health care for ments to be offered. While I would like going to be acceptable and not accept- them, which they deserve. We want to to see a process that would allow us to able? see them taken care of if they have a consider a series of amendments, I If the Governor of Puerto Rico, who disability. We want to take care of would certainly seek to embody the knows it best, establishes certain their survivors if they ultimately com- major elements of what I think is standards, those standards can largely mit the ultimate sacrifice. But for the wrong with the bill in that amendment be waived by the control board in an ef- people of Puerto Rico and those who and to seek that opportunity. I would fort to site locations where, in fact, have fought for our country, they don’t hope, in the first and foremost in- they think it is going to be good for get the same democratic rights. They stance, that we don’t have cloture and the energy needs of Puerto Rico, but it don’t get the same respect. They are that voting against cloture means vot- may not be good for the environment. citizens. ing for democracy. It means voting for Why would we delegate on such critical So I don’t want to see Puerto Rico’s an opportunity. It respects the will of issues that we care about—on the envi- natural wonders be subjected to the the citizens of Puerto Rico, the ones I ronment, on education, on the health auction block because a control board read collectively, including former and well-being of our citizens—why says they need to sell that. I don’t Governors, present members of the would we never be willing to delegate want to see an oversight board that Puerto Rican Congress and Legisla- that ourselves, as a Senate and a Con- doesn’t represent the people of Puerto ture, of civil society—all of those ele- gress, to any other entity? We make Rico, ultimately be able to say to its ments that actually believe they de- those decisions ourselves, but we would Governor: This is what you are going serve a better day—to be treated better never delegate it to a control board to have to do if you want to get access by the U.S. Senate, treated better by elected by any of us or the people we to restructuring, if that determination the Congress, treated better by their represent, but we are willing to do that is really arbitrary and capricious be- country, and that gives us an oppor- with respect to the territorial govern- cause the standards here are not clear- tunity to do that, and we can do it ance in Puerto Rico and make those ly defined. posthaste. I am ready to stay as long as decisions. Why would we be willing to The whole reason to get access to re- it is necessary. I must be honest with go ahead, at a time that this Congress structuring is the reason for this bill, you. I know we all want to rush off to is seeking—at least I know Democrats and without it—without that clear ac- Independence Day, but this isn’t inde- are seeking—to raise the minimum cess and with a minority representa- pendence for the people of Puerto Rico. wage, to raise the standard of living for tion—this bill is so undemocratic in so This is how we treat subjects, not citi- all Americans, to see higher incomes many ways. It is undemocratic in the zens. So I am willing to stay as long as

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.070 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4631 necessary to work on amendments to see the chart. I will try to position my- out any say as to how it happens and get this process resolved so we can self here on the floor so he might be where it happens and whatnot, is un- have the right bill at the end of the able to join in this question. democratic. So I agree. day. I know there are many charts here Ms. CANTWELL. I am wondering if Now, if I fail to convince enough of about the situation, and I want to my colleague from New Jersey is aware my colleagues to vote against cloture, make sure that I am saying this the of this point, which I find most inter- then I hope they will join me in a pro- right way because part of the issue esting and am trying to understand. He cedural move that would allow me to with the debt crisis is my under- has been talking about this control offer an amendment—and I will explain standing that 45 percent of Puerto Rico board and all the power they are going that tomorrow when I come to the is in poverty, including 58 percent of to have. Do you understand that in this floor. I hope that at that moment, at the children; that there is a 12-percent House bill, the members of that control least we would have the option of vot- unemployment rate, which is nearly board won’t be paid, but the measure ing on an amendment where we could double that of our highest State; and allows them to accept, use, and dispose make this bill better—less colonial, that the sales tax is 11.5 percent. of gifts, requests, devices of services or more democratic, more respectful of People are saying: ‘‘Well, stop gov- property, both real and personal, for the rights of the citizens of Puerto ernment spending.’’ They are doing the purposes of aiding and facilitating Rico so that, in fact, we can honor that. That part is being achieved. But their work? So they literally can ac- their fealty, their loyalty, what Mac- the per capita income is almost half of cept gifts, but what kind of gifts? Arthur said about them in their service the poorest State in the United States. Mr. MENENDEZ. Nice. It is a real to our country, and be seen throughout So I think many people don’t have any concern. It is one of the many ill-de- the world for the values we want for idea—when they look at this debt fined parts of the legislation, espe- everybody else and that we tell every- issue, they think, OK, this is where we cially when you have 7 unelected mem- body else, to promote democracy and are going to get money. This is a very bers ultimately having the fate of 3.5 human rights. difficult issue. million people in their hands. You We need to govern by example, and Part of the discussion we are going to worry about provisions of the bill that the way we govern by example is mak- have next—and that is what I hope my seem to allow them to be able to make ing sure we have a democratic process colleagues understand—that whatever those types of choices and accept those and a democratic piece of legislation, happens tomorrow, this issue is not types of potential gifts in a way that small ‘‘d,’’ that allows the people of going away. The financial stability of can ultimately lead them to the wrong Puerto Rico to have their say. Puerto Rico is going to be a question decisions. So I am concerned about it. I see my colleague, the distinguished mark for a long time, and we are going Ms. CANTWELL. As I bring up—this ranking member of the Natural Re- to have to figure out how a territory is a provision I am just getting famil- sources Committee, is here. I am happy that has 45 percent of the population iar with, and I am obviously very con- to recognize my colleague from Wash- living in poverty and these rates of un- cerned about it. Through the Chair, I ington State, and I yield for a question. employment—how we are going to put would say that I am very concerned (Mr. DAINES assumed the Chair.) them back on the right path? This is about the fact that now we are going to Ms. CANTWELL. Mr. President, I see the fundamental question. How do we turn over all this authority to people my colleague from New Jersey has get back on the right path? who can accept gifts. I don’t know been on the floor for several hours In the Senate, there are probably 100 what that means and who is going to talking about the very important issue opinions about whether you do the oversee that because they are going to that frankly deserves a lot more dis- earned-income tax credit, go back to be appointed in a process that I believe cussion in the U.S. Senate. It is an tax breaks for manufacturers, what- will probably be challenged as uncon- issue of great importance to this terri- ever the ideas are, but we are not even stitutional, which will also take the tory of the United States, and it cer- at that stage. We are just at the finan- bill to a whole other level of legal un- tainly is an important issue to the peo- cial crisis stage. The fundamental certainty. ple of the United States of America, question is, How do you get out of the But I wanted to go over this and ask whether they understand that or not, financial crisis when the economy of about this point. It is my under- because the success of Puerto Rico, fi- the country is in this hard of a spot? standing that they are about $72 billion nancially, is also tied to how well the So I ask my colleague, the Senator in debt. For fiscal year 2016, the debt United States, as a partner of this ter- from New Jersey, if he is aware of payments will be about $4.1 billion. So ritory, continues to be successful as these numbers and these statistics. making a full payment would require well. Everybody thinks of the situation Mr. MENENDEZ. I appreciate the about 25 percent of their annual in- with Greece and the European Union. Senator raising the numbers and the come. My understanding is that a sig- Well, they should also be thinking statistics. Unfortunately, I am aware nificant part of this debt is the GO about the situation in Puerto Rico and of them. They dramatize why what we bonds and that various bonds have been its relationship to the United States of do here is so critically important for issued. The question becomes, if your America because, if it doesn’t go well the 3.5 million U.S. citizens who call annual revenue is $17 billion a year, for Puerto Rico, I guarantee it is not Puerto Rico home. how are you going to reorganize this going to go well for the United States When the per capita income is almost huge debt when your population is al- of America. half of what it is in the poorest State, ready at a 45-percent poverty rate? My colleague has been on the floor when the other 50 percent of the popu- So I think all of us, in a normal situ- now for hours talking about the struc- lation lives in poverty, including 58 ation, would say: Let the bankruptcy ture of what would be a fair way to percent who are children—that is why I court figure that out. That is what I enter into a reorganization of the debt. worry when the control board can would do. I would say let the bank- I thank him for coming to the floor and make the decision to make mandatory ruptcy court figure that out because doing this. cuts, because how do you help these bankruptcy laws in the United States I think it was probably 7-plus months children? How do you help create a ris- of America are fairer and they decide ago that we had one of the first hear- ing income? How do you ultimately, in these issues. They decide what is fair ings on this issue and tried to get peo- the Commonwealth of Puerto Rico, treatment under the law. I certainly ple to focus their attention on the cri- which has doubled the sales tax to 11.5 would prefer that. I don’t prefer a sis. What kind of authority does the percent to get income and at the same board of people who can get gifts and territory have today and what kind of time has the lowest spending levels make all these decisions because I structure should we honor as they con- since 2005, as you rightly point out, want legal certainty and I want it now, front this financial crisis? with public employment down by 20 and I would rather be more prescriptive So I just want to put up a couple of percent—they have made cuts. So it is in the law. charts. I am going to ask that we turn not that they are not being responsible Do you know of any way the people it a little differently so that when I ask and making cuts, but a control board of Puerto Rico could pay the $72 billion a question, my colleague can actually that can make even greater cuts with- in debt by themselves? I am trying to

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.071 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4632 CONGRESSIONAL RECORD — SENATE June 28, 2016 understand what we are asking of the right, there are billions of dollars that say in the process, I guarantee you peo- rest of the people who have been inves- the U.S. economy can be on the hook ple are going to leave. So that 300,000 tors and if people think we are going to for because the worse we make it for people has cost us an additional $4.1 do this on the backs of the Puerto Puerto Rico, the more money will be billion in the United States of Amer- Ricans given the fiscal crisis they are involved for the U.S. Government. ica. Basically, every Puerto Rican who already in. So while this proposal is not about moves to the mainland costs us about Mr. MENENDEZ. What the Senator giving them more money now, it is cer- $2,500, and we believe that, over the said is absolutely right, and this is one tainly about what is a fair settlement last several years, it has been about of the critical elements of why a clear on this debt. If you ask me, that $175 million per year. pathway to restructuring is so nec- shouldn’t be decided or discussed here OK. So the reason I am asking this is essary, because if there is no clear in the Halls of the U.S. Senate or Con- because I am trying to understand pathway to restructuring and if there gress just because a bunch of hedge whether our colleagues understand are no safeguards over the control funds have enough money to hire lob- this. The Senator and I have spent a board, the determination of how much byists to show up here. It should be de- little more time on this. The Senator that control board can say that you cided through a bankruptcy court, represents a large Puerto Rican popu- have to pursue in terms of payments through a normal bankruptcy process, lation, and the Senator has done great towards creditors, the effort that they just like it is done in any other place. service for our foreign affairs and for- will consider sufficient in their sole I wonder if my colleague thinks our eign policy. Does the Senator know discretion about whether they have colleagues understand these issues that whether people understand this issue made an appropriate, reasonable effort will cost the U.S. economy? Has the and the consequences, that they will to deal with creditors could lead them Senator heard any numbers similar to come to the United States? They will to an enormous payment, and they are this? be here, and we have open arms. But already using a third of every dollar in Mr. MENENDEZ. I appreciate the there is a different process here, and it revenue they have to pay interest. So Senator raising the question. First of is almost as if there is an incentive. the whole purpose of this debate or the all, the Senator from Washington State I would throw in the Medicaid num- effort of the bill that is on the floor is is absolutely right that it is not a bail- bers here as well and ask my colleague to create a pathway to restructuring so out. A bailout is when I give you through the Presiding Officer: In Puer- that they don’t have to come up with money to pay your debts. That is a to Rico, the per capita Medicaid spend- $17 billion—nearly 25 percent of all of bailout. A pathway to restructuring is ing is about $1,800, but here in the their budget—in a way that would crip- a way for you—in this case, Puerto United States, that same Puerto ple the essential services for Puerto Rico—to make yourself right with your Rican—to cover his Medicaid costs— Rico. So, yes, it is a very legitimate creditors and find a way to do it in a would be over $5,200. So, if someone is in Puerto Rico and concern. It is one of the reasons we way that still preserves the oppor- they realize the situation is going to need a clear pathway to restructuring. tunity for essential services for the get worse, they don’t think there is a It is why we shouldn’t have a control people of Puerto Rico, which is why the successful economic plan, and they can board with a supermajority vote nec- pathway to restructuring is so impor- tant, so it doesn’t become a bailout at come to the United States—these num- essary to achieve that and with arbi- bers are going to be exacerbated by trary standards like ‘‘in its sole discre- the end of the day. So it is necessary to have the clear more and more Puerto Ricans coming tion.’’ here, the cost for us will be getting Ms. CANTWELL. I wonder, because a pathway to restructuring so the gov- higher, to say nothing of some of the lot of this debate has been so focused ernment of Puerto Rico and its people will take care of its obligations, and we other challenges. on the people of Puerto Rico, whom I So, personally, I would want Puerto will restructure the debt in such a way fully want to support, and I wish this Rico to have the best successful oppor- that it will be responsible and they will body would engage in a full, robust de- tunity to restore a robust economy, take care of it. But in the absence of bate, with amendments and a markup. and it is going to require tough deci- But, there are costs to the U.S. tax- that, there are real questions as to sions. We need to have everybody in payers. what the United States is going to do the pool when it comes to those deci- Mr. President, I want to know if my for the 3.5 million U.S. citizens in sions, and we have to have a fair proc- colleague understands that U.S. tax- Puerto Rico. ess that will stand up in court. payers basically can be on the hook for Ms. CANTWELL. I would also say to I ask my colleague from New Jersey, as much as $24 billion over the next 10 my colleague that I think the mystery who is on the Finance Committee, if he years? The United States is already here is some people think that what thinks people understand the signifi- contributing as much as $6.6 billion for will happen is it will just get worse in cance of Medicaid? How much Medicaid their budget as it relates to the Med- Puerto Rico, and that is true if we money we are going to be asked for? icaid costs. And if, again, you don’t don’t make the right decisions. This is Mr. MENENDEZ. I appreciate my have a functioning economy, if you a time where we need to come to- colleague’s point. I will reiterate. have even more people in poverty be- gether. We all need to come together First, the people of Puerto Rico are cause now you have said you are going and come up with a solution that we U.S. citizens. They can take a flight to to put the brunt of the $72 billion on believe in. A solution that we know has the United States, and they have all the backs of the Puerto Rican govern- legal certainty because we are going to the rights, privileges, and responsibil- ment and infrastructure, then you are have thornier questions to answer. ities as any other U.S. citizen. They driving more people into poverty. I ask my colleague from New Jersey would have full reimbursement on Our costs are going to be real. This is if he is aware that Puerto Ricans don’t Medicaid or Medicare. They would have about getting it right with legal cer- have to stay in Puerto Rico? They protections of the minimum wage, tainty so we can move forward because don’t have to stay there. In fact, they overtime protections, and just about this issue is not going away. They are have come to the United States, and we anything that any one of us has in this not all of a sudden going to become have seen over the last several years body or any of the people we represent healthy when this bill passes. that 300,000 Puerto Ricans have come in this body. So that is right. My sense is that what has been to the United States of America. That In terms of the cost, if you have gone passed by the House leads will lead to is how many have come. Somebody es- to Puerto Rico, as I have many times, much legal uncertainty and lawsuits timated for me that last year 80,000 you know that the Puerto Rican people are going to ensue. All my colleagues came. don’t want to leave. It is a beautiful is- know that when people disagree, the So, if they have 45 percent poverty land. They are beautiful people. They next thing they do is go to court. rate and 12 percent unemployment and are hard-working and faithful to God What we would rather have is legal now you are going to put the people and country, as exhibited by all of the certainty so that we can get a resolu- and the government of Puerto Rico at military commitments they have had tion of this through the regular bank- the mercy of four people they don’t to the United States since the Revolu- ruptcy process. If we don’t do this even know and they don’t even get a tionary War, all through.

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.074 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4633 It is a beautiful island with idyllic and there are others as well—that bot- Rican economy, it is not going to help views and natural wonders. The only tom feeders bought Puerto Rican debt us in our economy, and it is not going rain forest in the United States is in at cheap prices and don’t want a re- to help their economy. We need a more Puerto Rico. They don’t want to leave. structuring that might allow repay- fair restructuring plan, one that gives But if you choke off all of their aspi- ment at less than the full face value of us legal certainty, one that will not be rations, all of their opportunities, if the bonds, making a huge killing. This challenged as unconstitutional, one you treat them so dramatically dif- is why I am so concerned and why I that doesn’t give gifts to creditors— ferent—as we do in both tax and health have focused on it in the course of my something that is fair. care policy—then, yes, they will have discussion about the oversight board— I know a lot of people think there is no choice and many will come. When that at the end of the day, it is the some magic date. I read that my House they come, they will have the full final arbitrator of whether or not Puer- counterpart from the Natural Re- privileges of any U.S. citizen and, to Rico has actually negotiated in good sources Committee said July 1 is not a therefore, it will be more costly. faith with the creditors. magic date. He is the one who worked It is ironic that while we are creating The Governor of Puerto Rico and the on this bill as it came through the a brain drain and a flight of human government of Puerto Rico can try to House. He said there wasn’t a magic capital out of the island—which is make all the good-faith negotiations date. So it is wrong that somehow peo- critically necessary for it to grow they want. But if at the end of the day ple think there is a magic date and again—we are creating the policies they are being squeezed by, among oth- that is why we have to buy a policy with the control board that ultimately ers, the bottom feeders that you talk when you can’t even have an open dis- go counter to what we would like to about here who bought Puerto Rico’s cussion on amendments. It is very bad see the commitment of the people of debt cheaply and wanted, ultimately, policy. Puerto Rico be in Puerto Rico versus the highest price in return to make a Instead, I would prefer us not to be fleeing and coming to the United killing, they may say: Oh, no, we are some footnote in some movie in the fu- States. going to say to the oversight board: ture that everybody in America watch- Ms. CANTWELL. Mr. President, I They haven’t worked with us in a rea- es and tears their hair out over, saying: would also ask my colleague this. I sonable manner to try to come to an ‘‘Well, how did that happen? Why did have read some articles in the press on accommodation. It is in the oversight we lose all of that money?’’ this subject, and I know in Florida board’s sole determination whether or These are two important issues. They are important for Puerto Rico, and there are so many Puerto Ricans and not these entities, these creditors like they are important for the United many in New Jersey as well. But I read the ones that you have described, ulti- mately are going to be told: No, Puerto States of America. this quote from the Miami Herald, that I will say I know all our colleagues in said: ‘‘Some bottom-feeders bought Rico has done enough to try to accom- modate you, and, therefore, we are the House and the White House are Puerto Rican debt at cheap prices and well intentioned. They want to get a don’t want a restructuring that might going to try to let them go restructure. That, by the way, needs a super major- resolution. But getting a resolution allow repayment at less than the full that might put us into further jeopardy face value of the bonds—allowing them ity of vote. So the minority could de- cide that, no, we don’t think that the is a challenge given how important it to make a huge killing at the expense is to make sure that everybody is a of Puerto Rico’s beleaguered popu- bond holders have had a reasonable enough offer from Puerto Rico so we part of the process. That is, everybody lation.’’ is part of the debt reorganization. To me, that is what this debate is are withholding restructuring and, therefore, squeeze the government of Is it your understanding that with about. What I am saying is that we the decision of just four board mem- need to have a process that is fair and Puerto Rico into accepting a deter- mination as to what is the appropriate bers, the board could force Puerto Rico open. A bankruptcy process that people into a position that none of the debt can understand, and that the people reimbursement in a way that cannot protect the people of Puerto Rico and would go? Or they could avoid any of who are appointed have that done in a their health and well-being. that debt becoming part of that reorga- way that meets constitutional chal- Ms. CANTWELL. I don’t know what nization? lenges and that don’t mire us in debate Leonardo DiCaprio is doing, but I guar- Mr. MENENDEZ. It is possible that for the next 2 years while the Puerto antee you there is going to be another even after a majority of the board, four Rico economy continues to flounder. movie. It is not going to be ‘‘The Wolf or five members—well, four members I don’t know if my colleague has read of Wall Street,’’ it is going to be about would be a majority—would ultimately press accounts such as this, but I feel Puerto Rico. put Puerto Rico through a series of that a lot of people don’t know the de- People are going to find out exactly hurdles. Let’s say it even meets those tails about this debt, the size of it, or how we got into this situation. They hurdles. A minority of the board—three the background or what people are of- are going to find out what a mess it members, I don’t know—may be ideo- fering or the process that Puerto Rico was, and they are going to find out how logically determined. They may believe has been through. They have tried to much it cost our economy. That is the bond holders deserve every last reorganize this debt. They haven’t been what is going to happen. penny, and the pensioners deserve successful because people think that, Instead, we could take the time here nothing. I don’t know. But since we as long as they have the opportunity, to have an open amendment process, create overly broad powers, we leave they will not settle. That is why people offer some amendments, and try to get critical elements of the deciding proc- go through the bankruptcy process. a legal process that is open, that is by ess in the sole discretion of the mem- That is why we afford people in the the book, and is what we would provide bers of this board. Then we say: By the United States of America these same to people in the United States—because way, it is not a simple majority that opportunities. But, by not affording Puerto Rico is part of the United will give us and grant us the pathway Puerto Rico the bankruptcy process, it States—then we could let a bankruptcy to restructuring; it is a minority. We is going to hurt the people of Puerto court make these decisions instead of need a super majority. And by virtue of Rico and then, in consequence, it is letting a few people make the decision. having a super majority and minority, going to hurt the people of the United I think my colleagues don’t under- only three of those seven members States, including the U.S. taxpayers, stand how much is at risk or how much could say: No, we are still not satisfied. because we will not have gotten this the cost to the U.S. economy could be We are not giving you access to re- right, and we will not be able to help and certainly how big the debate is structuring, in which case even though Puerto Rico get on the right track. going to be that we still have to have Puerto Rico has done a series of I don’t know if my colleague has seen in the Congress, in the House of Rep- things—maybe even far beyond what comments like this in other places? resentatives, and in the Senate on this they are willing to do for the well- Mr. MENENDEZ. I have read what issue of how we are going to get Puerto being of their people but to get to re- the distinguished Senator from Wash- Rico out of this mess. structuring, to get to the bankruptcy ington has raised here. There was the But, if you think you are putting $72 court that my colleague from Wash- direct quote from the Miami Herald— billion on the backs of the Puerto ington State is speaking about—they

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.072 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4634 CONGRESSIONAL RECORD — SENATE June 28, 2016 could still fall flat because that minor- the Oversight Board as determined in happens if we don’t meet the July 1 ity could deny them that possibility. the Oversight Board’s sole and exclu- deadline, as Senator CANTWELL just ref- Ms. CANTWELL. Through the Chair, sive discretion.’’ erenced? Well, first of all, in the legis- I would say to my colleague that I have They get to dictate their own budget. lation there is a stay on litigation ret- heard your concerns on the floor, and I They tell the government of Puerto roactive to December of 2015, meaning look at these problems. I know some Rico—by the way, by passing this bill, that any lawsuit filed after that point colleagues say: I don’t want bank- we tell the government of Puerto Rico: would be halted once the stay is en- ruptcy. We want a process here. We Have a dedicated revenue source for it, acted, which is basically when the leg- don’t want a bailout. and the oversight board will tell you islation is enacted. There is no prece- Well, by having a flawed bill that how much they have to spend—they dent to suggest that Puerto Rico would ends up in a legal process that declares want to spend—and that is what you not be able to fund essential services it unconstitutional means that you are have to pay for. It is pretty outrageous. while we work to get the bill right over going to end up with a bailout, because Ms. CANTWELL. Through the Chair, the next few days. And once that stay we are going to be on the hook. What I thank my colleague from New Jersey is enacted, any pending lawsuits, in- would be better is that we had all the for being on the floor. cluding those attempting to freeze as- debt in a reorganizing structure and When I think about the pressure sets, would be deemed unenforceable. had a fair process through a bank- being applied in the halls here, where So the bogeyman of July 1, if we ruptcy court for these issues to be de- one individual said, ‘‘you can see the don’t do this—No. 1, no, there is a stay cided. pressure running through the halls of already in the bill that would cover Like you, I have a concern—on point the Capitol’’—we don’t see Puerto that. No. 10 of this chart—about this ap- Ricans running through the halls of No. 2, I think some of my colleagues pointee process because I think it is the Capitol. What we see are people have said to me: Well, why did some of going to be challenged. People are even who have been struggling with this the Members of the House of Rep- admitting that the Department of Jus- issue and trying to get the best deal resentatives who happen to be of Puer- tice says it is going to be challenged. possible. But the best thing we could to Rican descent vote for the bill? We don’t want this process held up do for them is give them bankruptcy Well, first of all, not all of them did. for 2 more years, 4 more years because authority and a clear path that allows Congressman GUTIE´ RREZ of Chicago somebody doesn’t think the board has them to restructure their debt. That is voted against the bill. But you have to the authority to operate. Why not pass all we have to do. Then everybody is in read the statements of my colleagues, a bill where we are sure that they have on restructuring the $72 billion of debt. for whom I have the deepest, deepest the authority to operate? Why not do it They can then move on, and next Janu- respect. I served with them in the the right way so we know the language ary, we can have a realistic conversa- House. I know their passion as it re- is legal? tion in the Senate. Nothing precludes lates to Puerto Rico. I know their com- I think it is unbelievable that we us from having it. What are we going mitment to the people of Puerto Rico. would say to the people of Puerto to do about the 45 percent poverty But you have to read their statements. Rico—where 45 percent of the popu- rate? We will not have added another 10 They were tortured, really, as they lation is in poverty—oh, and by the percent to that. We will not have added were coming to this conclusion on the way, as to this control board, which is to the unemployment rate, which is vote. Basically, if you read them, they— going to control everything you guys now higher than the 12 percent. We will well, here is part of Congresswoman do, we are going to make you pay $370 still have very, very tough and thorny VELA´ ZQUEZ’s statement. She says: million of that cost. Oh, but they could questions to deal with, but we can have have gifts. I know people were in a a path for the $72 billion of debt to be The lack of parity for federal funds caused the island government to borrow well beyond hurry. They wanted to get a deal. They successfully restructured with a plan that protects the interests of the U.S. its means. . . . The federal government con- wanted to be respectful, but there are a tinued to treat Puerto Rico like it was a lab- lot of holes in this bill that deserve a taxpayers. I certainly want to help the people of oratory experiment, creating incentives and debate and deserve an amendment then removing them, creating economic Puerto Rico, but I also know the views process. chaos and job loss. . . . Wall Street enabled here are going to be varied on what I ask my colleague if he is familiar the local government’s addiction to the bond that economic strategy is for Puerto with the fact that a $370 million cost market, coming up with new ways to turn Rico. Everybody is going to have an would also be imposed on the people of cash flows to debt instruments. . . . [T]his idea. But there should be 100 percent was a . . . keg waiting to explode. . . . [I]t is Puerto Rico for something which they agreement that all the debt is on the not the political elite or Wall Street tycoons never had a say in. It is not as if they table and that they should be given full who suffered, but instead the working-class can even submit what they think the bankruptcy authority to get a restruc- families who call the island home—my plan could be. They could, but the turing plan. brothers and sisters. board doesn’t have to consider it. They If our colleagues in the House think And then she goes on to say, basi- don’t have to do anything. It is clearly this is bankruptcy, well, then, they cally: given to this board of individuals. shouldn’t be afraid of discussing a bill Am I angry that this bill contains labor Those four people can come up with a with us from the Senate that is bank- provisions that are not only obnoxious but debt process, they can come up with ruptcy. I don’t understand the hesi- counterintuitive? Yes. Am I outraged that the requirements, and they can come Puerto Rico will have to foot the $370 million tation to get this right because getting price tag for an Oversight Board [they] do up with a whole scheme. it wrong will cost taxpayers here in the Mr. MENENDEZ. My colleague is ab- not want? Yes. United States as well. This is what the Senator from Wash- solutely right. We want a successful program. We ington and I were just talking about. Even at a time when there is not don’t want constitutional challenges. Continuing to read her letter: enough money for essential services We don’t want this held up. We want a and the dramatic cutbacks that have plan to move forward. The challenges Do I believe that the creditors, who lent the island money and bought debt on the already taken place for the people’s are tough enough as it is. So I ask my health, education, and safety, we are cheap, should wait in line behind retirees colleague if he understands what the even though Puerto Rico’s own constitution going to impose upon them a $370 mil- hurry is in passing this legislation [might say] otherwise? Yes. . . . Should the lion obligation. without even allowing amendments or bill include incentives for economic growth I want to cite to my colleague lan- allowing floor debate. and parity for health care? Of course, it guage from the legislation that says Mr. MENENDEZ. Well, I don’t under- should. The reality is that Republicans are this: ‘‘Within 30 days after the date of stand why there are no amendments or in control and we have no choice but to com- enactment of this Act, the territorial floor debate. And I want to take my promise. government shall designate a dedicated colleague’s question to make some My colleagues have said: Well, why funding source, not subject to subse- final points that I think are important. did the Members of the House of Rep- quent legislative appropriations, suffi- I have talked to some of our col- resentatives who happen to be of Puer- cient to support the annual expenses of leagues, and they have said: Well, what to Rican descent vote for it? Basically,

VerDate Sep 11 2014 05:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.073 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4635 because they had a gun to their head to get cloture—which I don’t agree But Hot Springs has more than just where they were told it is either this or with in terms of timing; the July 1 unique natural features. Over the last nothing. But that is not what the Sen- deadline is dealt with; the reasons oth- century, they have hosted Major ate is all about. The Senate is the in- ers voted for it are amply understood— League Baseball spring training. They stitution where one man or woman, then there is an opportunity to vote to are also home to Oaklawn horse racing, standing up for an idea or an ideal, can table one of the amendments that are and the notorious gangster Al Capone see their way to make change. We all on the table now and, therefore, create is even rumored to have spent time in have that power in this institution. We an opening for an amendment where we town. Finally, former President Bill have the power to make maybe what is could at least have that debate and Clinton graduated from Hot Springs the passion of the House at the mo- have that opportunity. Those are avail- High School. ment be more tempered in this body. It able, as I understand it, from the Par- Hot Springs National Park is a true is the nature of how the Founders liamentarian under the rules. Arkansas treasure, and the sur- structured our two legislative bodies. I hope we can achieve that moment. rounding town makes it that much bet- It is time for us to live up to the It would be one of the bright moments ter. This park has a storied history, highest calling of the Senate and take of the Senate versus one of the darkest but its best days are ahead of it. The care of the 3.5 million people of Puerto moments, I think, if we continue on hot springs are still flowing, the bath- Rico, who are U.S. citizens, in the right the road we are on. houses are still open, and the scenery way. So where Congresswoman With that, I yield the floor. remains breathtaking. In honor of the VELA´ ZQUEZ or any of my other col- I suggest the absence of a quorum. National Park Service’s 100th birthday leagues in the House felt they had no The PRESIDING OFFICER. The year, I encourage you to go out and choice and no options, that is not what clerk will call the roll. find your park. the Senate is all about. That is why The legislative clerk proceeded to f the Senate rules permit even the mi- call the roll. APPOINTMENT OF ROSE nority at times—although it had been Mr. ROUNDS. Mr. President, I ask GOTTEMOELLER TO BE DEPUTY structured in such a way to make it unanimous consent that the order for SECRETARY GENERAL OF NATO very hard, there are still ways, if we the quorum call be rescinded. choose as Members, to cast that vote. The PRESIDING OFFICER. Without Mr. CARDIN. Mr. President, on June So as to the July 1 deadline, we have objection, it is so ordered. 27th, NATO Secretary General Jens provisions. This provision in the bill is f Stoltenberg appointed Under Secretary probably the only one I like, at least of State Rose Gottemoeller to become the way it is written, with a retro- MORNING BUSINESS the next Deputy Secretary General of active stay. Secondly, my colleagues Mr. ROUNDS. Mr. President, I ask the North Atlantic Treaty Organiza- didn’t have much of a choice, so they unanimous consent that the Senate be tion. I am pleased to see such a well-re- felt that it is either this or nothing. in a period of morning business, with spected and qualified individual take And if it is nothing, then there are real Senators permitted to speak therein up a critically important post within problems. I don’t accept the ‘‘this or for up to 10 minutes each. NATO. nothing.’’ I accept it can be better, as The PRESIDING OFFICER. Without Rose Gottemoeller has distinguished Senator CANTWELL has suggested, and I objection, it is so ordered. herself at the State Department as the believe that can take place. That hap- f consummate public servant. Her work pens tomorrow when we come back in the State Department has focused VOTE EXPLANATION into session. on pragmatically confronting some of I hope there will be a vote against Mr. MENENDEZ. Mr. President, I the most critical international secu- cloture to give us that opportunity. If was unavoidably detained for rollcall rity issues the United States faces, in- we fail—if enough Members want to vote No. 111 on confirmation of PN576. cluding nonproliferation, arms control, vote for an undemocratic bill that goes Had I been present, I would have voted and nuclear security. She is best against some of the very Republican yea. known for her role in the New START principles of being true to the Found- f Treaty, when she represented the ers of the Constitution and the archi- United States as its chief negotiator. RECOGNIZING HOT SPRINGS tects of our great democracy that sug- She has been confirmed by the Senate NATIONAL PARK gests that consent of the governed is for two different positions at State, essential, and if they believe, at the Mr. COTTON. Mr. President, in honor first as Assistant Secretary of State end of the day—again, I know many of of the National Park Service’s 100th for Verification and Compliance and them have an aversion to corporate birthday year, I want to recognize Hot currently as Under Secretary for Arms welfare—then I would hope they would Springs National Park in Hot Springs, Control and International Security. In be true to their principles and vote AR. Hot Springs is a world famous these roles, Rose has been integral to against cloture. tourist destination and it is not hard to ensuring that American national secu- For the Democratic side, I would see why. Whether it is to take advan- rity priorities are realized, and I per- hope the very essence of our belief in tage of the many recreational activi- sonally could not think of a more com- rising wages and overtime protections ties like hiking or boating or to bathe petent individual who has the requisite and also the view of the consent of the in the hot, therapeutic waters found in experience and expertise to be the next governed—we are strong advocates of the area, guests have traveled from Deputy Secretary General. democracy—and making sure of the en- across the country and around the Under Secretary Gottemoeller will be vironmental protections we fight so world to visit Hot Springs. In an effort taking up her post at a critical time hard on—those should not be denied to to preserve its unique hot springs, Hot for Europe. NATO’s core mission is the people of Puerto Rico. We can vote Springs first became a protected area safeguarding the freedom and security against cloture and create a process for in 1832 when Congress declared the area of its 28 members. The freedom and se- some reasonable amendments. I am a reservation. It was officially des- curity of Europe today is threatened by sure there can be agreements to come ignated as a national park in 1921. Russian aggression on its eastern flank to that, to have a chance for the people In the years after it became a res- and from the instability and violence of Puerto Rico to have a say and make ervation, Hot Springs experienced ex- emanating from the Middle East and the bill better by virtue of a demo- tensive economic growth and majestic North Africa. The United States and cratic process in the Senate. bathhouses replaced the rudimentary our NATO allies must stand together In the absence of that, if we fail, wooden structures surrounding the hot as one in order to achieve national and there is a motion that is available to water springs. The remaining bath- international security against these table an amendment that is in the tree house row structures in Hot Springs threats. in order to offer another amendment. I National Park are now part of a Na- I would like to conclude my remarks hope my colleagues, in a bipartisan tional Historic Landmark District that by saying, for the record, that I myself fashion, if they think it is so important sees thousands of visitors each year. have had numerous opportunities to

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.077 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE