July 12, 2016 CONGRESSIONAL RECORD — SENATE S4975 materials, energy storage and improv- Standing Rules of the Senate, do hereby Moran Risch Tester ing cyber security, critical infrastruc- move to bring to a close debate on the mo- Murkowski Rubio Thune tion to disagree to the House amendment, Murphy Sasse Tillis ture, and the energy workforce for to- Murray Schatz Toomey agree to the request from the House for a morrow. Nelson Schumer Udall This was a very worked-over process, conference, and the Presiding Officer appoint Peters Sessions Warner the following conferees: Senators Mur- both in committee and on the Senate Portman Shaheen Warren kowski, Barrasso, Risch, Cornyn, Cantwell, Reed Stabenow Whitehouse floor, and it was a very collaborative Wyden, and Sanders with respect to S. 2012, Reid Sullivan Wyden effort among our colleagues on both an original bill to provide for the moderniza- NAYS—3 sides of the aisle. It did take some dis- tion of the energy policy of the United cussion with our House colleagues be- States, and for other purposes. Paul Perdue Scott cause the package they passed was a John McCain, John Cornyn, Marco NOT VOTING—13 very different product. I will say, it Rubio, Deb Fischer, Rob Portman, Barrasso Graham Shelby was a very less worked product on a bi- Roger F. Wicker, Richard Burr, Joni Coats Inhofe Vitter partisan basis and certainly a product Ernst, David Vitter, James M. Inhofe, Cochran Roberts Wicker Dean Heller, Pat Roberts, Lamar Alex- Cornyn Rounds that had a lot of veto threats in it. Cruz Sanders Our House colleagues have made ander, Ron Johnson, Tom Cotton, Thom Tillis, Mitch McConnell. some comments about that legislation The PRESIDING OFFICER. On this that have made it helpful for us to The PRESIDING OFFICER. By unan- vote, the yeas are 84, the nays are 3. move forward. We met with our col- imous consent, the mandatory quorum Three-fifths of the Senators duly cho- leagues, the Natural Resources and En- call has been waived. sen and sworn having voted in the af- ergy Committee chairs, Mr. BISHOP and The question is, Is it the sense of the firmative, the motion is agreed to. Mr. UPTON. They basically said: Look, Senate that debate on the motion to Cloture having been invoked, the they didn’t want to waste time on disagree to the House amendment, question is on agreeing to the com- things that would be vetoed by the agree to the request by the House for a pound motion. President of the United States, so we conference, and to appoint conferees The motion was agreed to. took that as a good sign that they were with respect to S. 2012, a bill to provide The PRESIDING OFFICER. The ma- willing to sit down and talk about leg- for the modernization of the energy jority leader. islation that could move forward in a policy of the United States, and for f positive fashion. other purposes, shall be brought to a COMPREHENSIVE ADDICTION AND Senator MURKOWSKI’s staff, my staff, close? RECOVERY ACT OF 2016—CON- and we together have rolled up our The yeas and nays are mandatory FERENCE REPORT—Continued sleeves and tried to look at ways in under the rule. which we could talk about how we The clerk will call the roll. Mr. MCCONNELL. Mr. President, I move forward from here so that all of The bill clerk called the roll. ask that the Chair lay before the Sen- our colleagues could have confidence Mr. THUNE. The following Senators ate the conference report to accom- that we are going to work on some- are necessarily absent: the Senator pany S. 524. The PRESIDING OFFICER. The thing that would be a final product from Wyoming (Mr. BARRASSO), the clerk will report the conference report that really would get to the President’s Senator from Indiana (Mr. COATS), the to accompany S. 524. desk. I thank my colleague from Alas- Senator from Mississippi (Mr. COCH- The bill clerk read as follows: ka for her indulgence in that process. I RAN), the Senator from Texas (Mr. COR- Conference report to accompany S. 524, a know she had conversations with Sen- NYN), the Senator from Texas (Mr. bill to authorize the Attorney General to ator REID about no poison pills and CRUZ), the Senator from South Caro- award grants to address the national wasn’t going to sign off on those kinds lina (Mr. GRAHAM), the Senator from epidemics of prescription opioid abuse and of activities. Oklahoma (Mr. INHOFE), the Senator heroin use. We are here to say to our colleagues: from Kansas (Mr. ROBERTS), the Sen- The PRESIDING OFFICER. The Sen- Let’s continue the good bipartisan ef- ator from South Dakota (Mr. ROUNDS), ator from Tennessee. fort that existed in the Senate bill and the Senator from Alabama (Mr. (The remarks of Mr. ALEXANDER per- work with our colleagues in the House SHELBY), the Senator from Louisiana taining to the introduction of S. 3169 to resolve these issues. As my col- (Mr. VITTER) and the Senator from Mis- are printed in today’s RECORD under leagues know, there are many thorny sissippi (Mr. WICKER). ‘‘Statements on Introduced Bills and issues that still need to be addressed. Further, if present and voting, the Joint Resolutions.’’) Even though the Senate worked out Senator from Texas (Mr. CORNYN) The PRESIDING OFFICER. The Sen- many of its issues, there are still sev- would have voted ‘‘yea.’’ ator from Wisconsin. eral thorny issues that are in the Mr. DURBIN. I announce that the JUDICIAL VACANCIES House bill, such as water, fire, and a Senator from Vermont (Mr. SANDERS) variety of other issues which will take Ms. BALDWIN. Mr. President, the is necessarily absent. American public is well aware that some dialogue and give us an oppor- The PRESIDING OFFICER. Are there tunity to talk. If we can reach a con- there is a vacancy on our U.S. Supreme any other Senators in the Chamber de- Court and, in addition, that there is ob- clusion, great, but if we can’t, I think siring to vote? we have all decided that moving for- struction going on in terms of our path The yeas and nays resulted—yeas 84, to do what the Senate is supposed to ward on the basis of an energy policy nays 3, as follows: we can agree to is a very important do—confirm a President’s nomination [Rollcall Vote No. 125 Leg.] concept for all of us. to the Supreme Court. Because it is the As my colleague from Alaska said, it YEAS—84 Supreme Court, because that term has is time to move forward on an energy Alexander Corker Hirono come to an end and we have seen a Ayotte Cotton Hoeven number of 4-to-4 ties, because of the policy, and I encourage my colleagues Baldwin Crapo Isakson to vote yes on this motion. Let us con- Bennet Daines Johnson consequence and the gravity of what it tinue to work to protect these key pro- Blumenthal Donnelly Kaine is that the Supreme Court does, that visions and move forward so we can get Blunt Durbin King has garnered a lot of attention. It has Booker Enzi Kirk resulted in the calling for the Repub- a bill to the President’s desk. Boozman Ernst Klobuchar CLOTURE MOTION Boxer Feinstein Lankford licans in the Senate to do their job, to The PRESIDING OFFICER. Pursuant Brown Fischer Leahy not obfuscate and declare that they to rule XXII, the Chair lays before the Burr Flake Lee won’t hold hearings or won’t schedule a Cantwell Franken Manchin Senate the pending cloture motion, Capito Gardner Markey vote on President Obama’s nominee, which the clerk will state. Cardin Gillibrand McCain Merrick Garland. As a consequence, The bill clerk read as follows: Carper Grassley McCaskill that vacancy may persist for well over Casey Hatch McConnell LOTURE OTION a year when all is said and done. C M Cassidy Heinrich Menendez We, the undersigned Senators, in accord- Collins Heitkamp Merkley I rise today to draw attention to the ance with the provisions of rule XXII of the Coons Heller Mikulski fact that that is not the only judicial

VerDate Sep 11 2014 05:36 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.034 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4976 CONGRESSIONAL RECORD — SENATE July 12, 2016 vacancy we have here in the United ers Protection Act. This is a little bit mines—can you believe that—take pos- States of America. We currently have of a history class that is going to be session of all of the bituminous coal 83 vacancies in the Federal courts, and rolled into the facts of what we are mines in the United States and nego- 29 of those vacancies have been de- dealing with today. tiate with the unions. So basically he clared judicial emergencies, meaning Our coal miners are some of the hard- stepped in and started negotiating with that the continuing vacancy has est working people in America. Any of the unions, taking over the mines. caused serious problems and concerns, you who come from a family who had Senator ENZI stated that this agree- so they are deemed judicial emer- one as a relative—maybe your grand- ment was made between the members gencies. father, father, uncle—you know those and the companies, not between the Currently, because of the work that patriarchs are tough. They are hard- members and the American taxpayer. has been done by individual Senators, working but extremely patriotic. They In fact, the first line of the Krug-Lewis consulting with the President, and basically dedicated their lives to agreement—this was the agreement what the President has done in terms powering our Nation. We would not be that was signed, the historic document of forwarding nominees to the Senate the Nation we are today if it had not that created the promise of health ben- so that we can exercise our role of ad- been for the miners, who now seem to efits and retirement security for our vice and consent, so we can hold votes have been cast aside and forgotten Nation’s miners. This agreement is be- on confirmations, and because of the about. They powered this Nation. They tween the Secretary of the Interior work of the Senate Judiciary Com- brought us into the Industrial Revolu- acting as Coal Mines Administrator mittee, currently there are 24 judicial tion, if you will, the industrial age, and under the authority of Executive Order nominees on the Executive Calendar. created the middle class and one of the No. 9728, dated May 21, 1946, and the All of them—every one of them—have largest unions, the United Mine Work- United Mine Workers of America. The garnered majority support of the mem- ers of America. Back in the 1930s and title of this agreement says ‘‘Executed bers of the Senate Judiciary Com- 1940s, especially, if you were working at the White House, Washington, D.C., mittee in order to advance to the Exec- in the mines, you were in the United May 29 of 1946.’’ utive Calendar. Every one of them is Mine Workers union. That is just the I ask unanimous consent to have a deserving of a full Senate vote. way things were. But by the end of this copy of this agreement printed in the I rise to draw attention to one par- year, tens of thousands of our miners RECORD, and I will be sending a copy to ticular vacancy; that is, a vacancy on are going to receive notices that they my dear friend. the Seventh Circuit Court. One of Wis- are going to lose their health benefits. There being no objection, the mate- consin’s seats on the Seventh Circuit They are going to lose their health rial was ordered to be printed in the has been vacant for more than 61⁄2 benefits. RECORD, as follows: years. Let me repeat that. It has been I have come to the floor again to an- NATIONAL BITUMINOUS WAGE AGREEMENT vacant for more than 61⁄2 years. Cur- swer the points that were called into EFFECTIVE MAY 29, 1946, DURING THE PERIOD OF rently, and not surprisingly, it is the question by my friend Senator ENZI GOVERNMENT OPERATION OF MINES EXECUTED longest Federal circuit court vacancy from Wyoming. First, Senator ENZI AT THE WHITE HOUSE, WASHINGTON, D.C., MAY in the country. Today marks 2,378 days specifically questioned the promise 29, 1946 that this circuit court seat has been that was made to the miners in 1946. He AGREEMENT vacant. questioned the promise that was made THIS AGREEMENT between the Secretary of The people of Wisconsin and our the Interior, acting as Coal Mines Adminis- neighbors in Illinois and Indiana de- to them in 1946, saying that it was made between the coal companies and trator under the authority of Executive serve a fully functioning appeals court. Order No. 9728 (dated May 21, 1946, 11 F. R. We have a highly qualified nominee the unions, not the Federal Govern- 5593), and the United Mine Workers of Amer- who deserves a vote from this body. ment, so therefore we should not have ica, covers for the period of Government pos- Don Schott was nominated by the an obligation to be involved. He said session the terms and conditions of employ- President on January 12 to fill this there was never an agreement with the ment in respect to all mines in Government Seventh Circuit Court vacancy. He has Federal Government. possession which were as of March 31, 1946, strong bipartisan support. Both Sen- I don’t know how else to say this ex- subject to the National Bituminous Coal Wage Agreement, dated April 11, 1945. ator JOHNSON and I have returned our cept that I believe my good friend was totally misinformed. That is not cor- 1. Provisions of National Bituminous Coal Wage blue slips. Bipartisan majorities of the Agreement Preserved Wisconsin judicial nominating commis- rect, not at all. Now I will give you the facts. This is a lesson. Except as amended and supplemented here- sion have given their support to Don in, this Agreement carries forward and pre- Schott and have voted to advance his In May of 1946, the United States was in the midst of a robust post-World serves the terms and conditions contained in nomination, a bipartisan group of the all joint wage agreements effective April 1, Senate Judiciary Committee voted to War II economic recovery. I mean, ev- 1941, through March 31, 1943, the supple- advance his nomination, and a bipar- erybody was working during the war. mental agreement providing for the six (6) tisan group of former Wisconsin bar We were trying to survive as a nation, day work week, and all the various district presidents support him. Don Schott has trying to defeat tyranny and basically agreements executed between the United the experience, qualifications, and save the world as we know it today. So Mine Workers and the various Coal Associa- temperament to be an outstanding everybody was working. Now the war is tions and Coal Companies (based upon the aforesaid basic agreement) as they existed Federal judge. He was rated unani- over. We were fearing a shutdown of our economy, and somehow we had to on March 31, 1943, and the National Bitu- mously ‘‘well qualified’’ by the Amer- minous Coal Wage Agreement, dated April ican Bar Association. In talking to peo- continue to keep this energy we needed 11, 1945. to keep the country and the economy ple in Wisconsin about this nomina- 2. Mine Safety Program tion, I have heard only tremendous moving. The United Mine Workers were ac- (a) Federal Mine Safety Code praise for Don Schott. As soon as practicable and not later than This nomination deserves a vote. As tively negotiating. They were actively negotiating their contracts the way 30 days from the date of the making of the such, I rise today to urge the majority Agreement, the Director of the Bureau of leader, the Republican leader, to sched- you do in a civil bargaining agreement. Mines after consultation with representa- ule a vote on Don Schott, as well as all You sit down and you work through tives of the United Mine Workers and such of the other judicial nominees who are that. President Harry Truman knew other persons as he deems appropriate, will on the Executive Calendar. The Amer- the vital role the coal industry played issue a reasonable code of standards and ican people deserve a fully functioning in the economic recovery efforts, and rules pertaining to safety conditions and Federal judiciary. he feared a prolonged strike. He issued practices in the mines. The Coal Mines Ad- I yield the floor. an Executive order because he thought ministrator will put this code into effect at The PRESIDING OFFICER. The Sen- a strike would grind our recovery to a the mines. Inspectors of the Federal Bureau of Mines shall make periodic investigations ator from West Virginia. halt. He feared a prolonged strike, and of the mines and report to the Coal Mines MINERS PROTECTION ACT he issued an Executive order directing Administrator any violations of the Federal Mr. MANCHIN. Mr. President, I rise the Secretary of the Interior to take Safety Code. In cases of violation the Coal today in defense of the bipartisan Min- possession of the bituminous coal Mines Administrator will take appropriate

VerDate Sep 11 2014 01:50 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.040 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4977 action which may include disciplining or re- death, or retirement, and (ii) other related study of the hospital and medical facilities, placing the operating manager so that with welfare purposes, as determined by the trust- medical treatment, sanitary, and housing all reasonable dispatch said violation will be ees. Subject to the stated purposes of the conditions in the coal mining areas. The pur- corrected. fund, the trustees shall have full authority pose of this survey will be to determine the From time to time the Director of the Bu- with respect to questions of coverage and eli- character and scope of improvements which reau of Mines may, upon request of the Coal gibility, priorities among classes of benefits, should be made to provide the mine workers Mines Administrator or the United Mine amounts of benefits, methods of providing or of the Nation with medical, housing and san- Workers, review and revise the Federal Mine arranging for provision of benefits, and all itary facilities conforming to recognized Safety Code. related matters. American standards. (b) Mine Safety Committee The Coal Mines Administrator will in- 6. Wages struct the operating managers that the obli- At each mine there shall be a Mine Safety (a) All mine workers, whether employed by gation to make payments to the welfare and Committee selected by the Local Union. The the day, tonnage or footage rate, shall re- retirement fund becomes effective with ref- Mine Safety Committee may inspect any ceive $1.85 per day in addition to that pro- erence to coal produced on and after June 1, mine development or equipment used in pro- vided for in the contract which expired 1946; the first actual payment is to be made ducing coal for the purpose of ascertaining March 31, 1946. on August 15, 1946, covering the period from whether compliance with the Federal Safety (b) Work performed on the sixth consecu- June 1 to July 15; the second payment to be Code exists. The Committee members while tive day is optional, but when performed made on September 15, covering the period engaged in the performance of their duties shall be paid for at time and one-half or rate from July 15 to August 31; and thereafter shall be paid by the Union, but shall be and one-half. payments are to be made on the 15th day of deemed to be acting within the scope of their (c) Holidays, when worked, shall be paid each month covering the preceding month. employment in the mine within the meaning for at time and one-half or rate and one-half. of the Workmen’s Compensation Law of the (b) A Medical and Hospital Fund Holidays shall be computed in arriving at state where such duties are performed. There shall be created a medical and hos- the sixth and seventh day in the week. If the Committee believes conditions found pital fund, to be administered by trustees ap- 7. Vacation Payment endanger the life and bodies of the mine pointed by the President of the United Mine An annual vacation period shall be the rule workers, it shall report its findings and rec- Workers. This fund shall be accumulated of the industry. From Saturday, June 29, ommendations to the management. In those from the wage deductions presently being 1946, to Monday, July 8, 1946, inclusive, shall special instances where the Committee be- made and such as may hereafter be author- be a vacation period during which coal pro- lieves an immediate danger exists and the ized by the Union and its members for med- duction shall cease. Day-men required to Committee recommends that the manage- ical, hospital and related purposes. The work during this period at coke plants and ment remove all mine workers from the un- trustees shall administer this fund to pro- other necessarily continuous operations or safe area, the operating manager or his man- vide, or to arrange for the availability of, on emergency or repair work shall have va- agerial subordinate is required to follow the medical, hospital, and related services for cations of the same duration at other agreed recommendation of the Committee, unless the miners and their dependents. The money periods. and until the Coal Mines Administrator, tak- in this fund shall be used for the indicated All employees with a record of one year’s ing into account the inherently hazardous purposes at the discretion of the trustees of standing (June 1, 1945, to May 31, 1946) shall character of coal mining, determines that the fund; and the trustees shall provide for receive as compensation for the above-men- the authority of the Safety Committee is such regional or local variations and adjust- tioned vacation period the sum of One Hun- being misused and he cancels or modifies ments in wage deductions, benefits and other dred Dollars ($100), with the following excep- that authority. practices, and transfer of funds to local tion: Employees who entered the armed serv- The Safety Committee and the operating unions, as may be necessary and as are in ac- ices and those who returned from the armed manager shall maintain such records con- cordance with agreements made within the services to their jobs during the qualifying cerning inspections, findings, recommenda- framework of the Union’s organization. period shall receive the $100 vacation pay- tions and actions relating to this provision The Coal Mines Administrator agrees ment. of the Agreement as the Coal Mines Adminis- (after the trustees make arrangements satis- All the terms and provisions of district trator may require and shall supply such re- factory to the Coal Mines Administrator) to agreements relating to vacation pay for sick ports as he may request. direct each operating manager to turn over and injured employees are carried forward to 3. Workmen’s Compensation and Occupational to this fund, or to such local unions as the this Agreement and payments are to be made Disease trustees of the fund may direct, all such in the sum as provided herein. wage deductions, beginning with a stated The Coal Mines Administrator undertakes Pro rata payments for the months they are date to be agreed upon by the Administrator to direct each operating manager to provide on the payroll shall be provided for those and the President of the United Mine Work- its employees with the protection and cov- mine workers who are given employment ers: Provided, however, that the United Mine erage of the benefits under Workmen’s Com- during the qualifying period and those who Workers shall first obtain the consent of the pensation and Occupational Disease Laws, leave their employment. affected employees to such turn-over. The whether compulsory or elective, existing in The vacation payment of the 1946 period Coal Mines Administrator will cooperate the states in which the respective employees shall be made on the last pay day occurring fully with the United Mine Workers to the are employed. Refusal of any operating man- in the month of June of that year. ager to carry out this direction shall be end that there may be terminated as rapidly deemed a violation of his duties as operating as may be practicable any existing agree- 8. Settlement of Disputes manager. In the event of such refusal the ments that earmark the expenditure of such Upon petition filed by the United Mine Coal Mines Administrator will take appro- wage deductions, except as the continuation Workers with the Coal Mines Administrator priate action which may include disciplining of such agreements may be approved by the showing that the procedure for the adjust- or replacing the operating manager or shut- trustees of the fund. ment of grievances in any coal producing dis- ting down the mine. Present practices with respect to wage de- trict is inequitable in relation to the gen- 4. Health and Welfare Program ductions and their use for provisions of med- erally prevailing standard of such procedures ical, hospital and related services shall con- in the industry, the Coal Mines Adminis- There is hereby provided a health and wel- tinue until such date or dates as may be trator will direct the operating managers at fare program in broad outline—and it is rec- agreed upon by the Coal Mines Adminis- mines in the district shown to have an in- ognized that many important details remain trator and the President of the United Mine equitable grievance procedure to put into ef- to be filled in—such program to consist of Workers. fect within a reasonable period of time the three parts, as follows: (c) Coordination of the Welfare and Retire- generally prevailing grievance procedure in (a) A Welfare and Retirement Fund ment Fund and the Medical and Hospital the industry. A welfare and retirement fund is hereby Fund 9. Discharge Cases created and there shall be paid into said fund The Coal Mines Administrator will carry by the operating managers 5¢ per ton on The Coal Mines Administrator and the out the provision in agreements which were each ton of coal produced for use or for sale. United Mine Workers agree to use their good in effect on March 31, 1946, between coal This fund shall be managed by three trust- offices to assure that trustees of the two mine operators and the United Mine Workers ees, one appointed by the Coal Mines Admin- funds described above will cooperate in and that cases involving the discharge of employ- istrator, one appointed by the President of coordinate the development of policies and ees for cause shall be disposed of within 5 the United Mine Workers, and the third cho- working agreements necessary for the effec- days. sen by the other two. The fund shall be used tive operation of each fund toward achieving for making payments to miners, and their the result that each fund will, to the max- 10. Fines and Penalties imum degree practicable, operate to com- dependents and survivors, with respect to (i) No fines or penalties shall be imposed un- plement the other. wage loss not otherwise compensated at all less authorized by the Coal Mines Adminis- or adequately under the provisions of Fed- 5. Survey of Medical and Sanitary Facilities trator. In the event that such fines or pen- eral or State law and resulting from sickness The Coal Mines Administrator undertakes alties are imposed by the Coal Mines Admin- (temporary disability), permanent disability, to have made a comprehensive survey and istrator, the funds withheld for that reason

VerDate Sep 11 2014 01:50 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JY6.002 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4978 CONGRESSIONAL RECORD — SENATE July 12, 2016 shall be turned over to the trustees of the firmed that if the UMWA becomes in- a responsibility we have to the United fund provided for in Section 4 (b) hereof, to solvent, the Pension Benefit Guaranty Mine Workers of America and all those be used for the purpose stated therein. Corporation of America will actually people who gave us the greatest coun- 11. Supervisors have to assume billions of dollars in li- try on Earth, gave us the greatest With respect to questions affecting the em- abilities causing negative ripple effects amount of abundant energy—reliable, ployment and bargaining status of foremen, for many more and for the financial in- affordable, and dependable. There is a supervisors, technical and clerical workers solvency of our country. transition going on now, and we are employed in the bituminous mining indus- Passing the Miners Protection Act working through this transition, but try, the Coal Mines Administrator will be guided by the decisions and procedure laid now means covering $3.5 billion in the bottom line is that to walk away down by the National Labor Relations health and pension benefits. If we do from an obligation and a commitment Board. not enact this law, the pension liabil- we made 70 years ago, which helped us 12. Safety ity alone will carry a pricetag of over be the superpower of the world and the Nothing herein shall operate to nullify ex- $6 billion. So, along with my good country we are today, would be a gross isting state statutes, but this Agreement is friend from Wyoming, Senator ENZI, I neglect of our responsibilities and an intended to supplement the aforesaid stat- do care about making prudent deci- injustice to the United Mine Workers utes in the interest of increased mine safety. sions. That is a savings of $2.5 billion if of America, the widows, and the fami- 13. Retroactive Wage Provisions we pass this legislation—$2.5 billion in lies who still depend on this. We have a The wage provisions of this Agreement saving to the taxpayers. responsibility to oblige and make sure shall be retroactive to May 22, 1946. The Miners Protection Act is impor- we take care of them. 14. Effective Date tant to my home State of West Vir- With that, I hope the Chair will help ginia because West Virginia has more me in moving forward on this. We hope This Agreement is effective as of May 29, 1946, subject to approval of appropriate Gov- retired union miners than any other to get a vote in September. We were ernment agencies. State in the Nation. Out of the 90,594 promised a vote in the first part of Sep- Signed at Washington, D.C. on this 29th retired United Mine Workers in the tember, when we come back, and that day of May, 1946. country in 2014, more than 27,000 still is one we are counting on to carry this J. A. KRUG, live in my State. forward. I am hoping we will have our Coal Mines Administrator. I will say this. As to a lot of the dev- colleagues supporting this. JOHN L. LEWIS, astation we have seen with the floods With that, Mr. President, I suggest President, United Mine Workers we have had in West Virginia over the the absence of a quorum. of America. last couple of weeks, it was horrific The PRESIDING OFFICER. The Mr. MANCHIN. I believe the Sec- what happened. Every one of those lit- clerk will call the roll. retary of the Interior and the White tle communities was a coal mining The senior assistant legislative clerk House were representatives of the Fed- community that got hit. So you just proceeded to call the roll. eral Government back in 1946, just as add more tragedy on top of the already Mr. DURBIN. Madam President, I ask they are today. devastating tragedy that we have. unanimous consent that the order for Second, my colleague from Wyoming But the impact is going to be felt in the quorum call be rescinded. stated: I worry about the claim that we every State in the Union, including The PRESIDING OFFICER (Ms. are helping all coal miners with this Wyoming. In fact, the Miners Protec- AYOTTE). Without objection, it is so or- proposal. tion Act will help over 900 health bene- dered. West Virginia coal miners—union ficiaries and over 2,000 pension bene- CLIMATE CHANGE and nonunion—continue to suffer from ficiaries in the State of Wyoming. So I Mr. DURBIN. Madam President, I the devastating effects of the ongoing would just ask: What do my colleague come to the floor today to speak on the coal bankruptcies. who opposes this legislation or any of issue of climate change. Before I do, I Senator, we are willing to help all my colleagues who might not be for would like to read a quote. miners. We truly are. Anybody who has this legislation expect the widows and What is a conservative after all but one been devastated in this downturn, if pensioners to do? First of all, they who conserves, one who is committed to pro- you will, of the industry, but we are fo- have an executive order by the Presi- tecting and holding close the things by cusing this particular effort on the dent of the United States in 1946, over which we live . . . and we want to protect and conserve the land on which we live—our United Mine Workers of America. 70 years ago. On top of that, this pen- They try to make this: Well, you are countryside, our rivers and mountains, our sion plan was solvent and sound until plains and meadows and forests. This is what picking union over nonunion. We are 2008. It wasn’t their fault the crash we leave to our children. And our great not picking union over nonunion. The happened. The greed of Wall Street moral responsibility is to leave it to them ei- agreement was made with the UMWA took down so many pension plans. ther as we found it or better than we found because everybody working in the Most of these widows are making $550 it. mines during that period of time be- a month. That is their pension—$550 a These are the words of President longed to the UMWA. So we have to month. So we are not talking about Ronald Reagan, and I agree with those protect that promise that was made in large amounts of money, but if they words. Climate change is one of the that Executive order that was signed lose that, it means the difference of greatest threats to our planet Earth. and made 70 years ago. So I invite the whether they do certain things out of When I look at my beautiful grandkids, Presiding Officer and all of my col- necessity. What do they give up? How I feel a moral responsibility to leave leagues to help us find a way to move do you explain to them that a 70-year- this world as well as I found it or even forward and help put this to rest. old commitment is now going to go un- better. Also, Senator ENZI stated he wants answered? We didn’t care. We didn’t We can’t continue to ignore the prob- America to remain financially solvent. mean it. lem of climate change. How will future Well, there is no one who wants that It is our responsibility to keep the generations judge us if we deny the re- more than I do. I understand that if promise to our miners who answered ality of climate change and say that it you can’t get your financial house in the call whenever their country needed is just too hard to do something that order you can’t do anything else. them. So I ask Senator ENZI and all my might leave them a safer, cleaner, bet- In fact, let me tell you what happens colleagues to work with me to keep our ter world? I don’t think they will look if we do not pass the Miners Protection promise to these miners. Let us sit on us kindly. Future generations actu- Act. The Pension Benefit Guaranty down and work together and make sure ally count on us. Corporation, which we have in place, we all agree on the facts. Climate change is no longer debat- will shoulder the burden of the out- I have always said this, and it has able. The facts are in. Climate change standing liabilities. In a January letter been said to me many times, we are all is real, and it is not some distant to Congressman MCKINLEY from West entitled to our opinions. We are just threat. From Hurricane Katrina to Virginia, one of my colleagues on the not entitled to our own facts. So the Superstorm Sandy, from severe flood- other side, the Director of the Pension facts are very clear here. This is not ing on the Mississippi River in 2011 in Benefit Guaranty Corporation con- only a promise, it is a commitment and Illinois to the historic low water levels

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JY6.003 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4979 just 1 year later and to the devastating A 1998 American Petroleum Institute, mate that, in total, candidates, polit- drought and wildfires that are searing or API, memo has become public. I just ical parties, and interest groups, in- the West Coast, extreme weather is the read it on my computer upstairs. At cluding those funded by companies new normal. the time, the American Petroleum In- such as ExxonMobil, may spend up to So why are there still so many in the stitute consisted of a dozen lobbyists, $10 billion on Federal campaigns in Chamber who deny the threat of cli- think tank members, and public rela- 2016—$10 billion. mate change, not to mention failing to tions gurus. Science wasn’t on their A poll conducted by the New York do anything to solve the problem? I side in 1998, so the group decided that Times last year found that 84 percent have said on the floor before, and I will misleading the public about the reality of Americans believe money has too say again, that there is only one major of climate change—sowing seeds of much influence in American political political party in the world today that doubt about whether there was really campaigns. They are right. Our cam- denies climate change, only one—the climate change underway—was the paign finance system is a mess. Amer- Republican Party of the United States best way to go. The 1998 API memo ica needs a system to elect its can- of America. claimed that ‘‘victory,’’ in their words, didates that rewards those with good Well, part of the reason is because for would be achieved when ‘‘uncertain- ideas and principles, not just the per- decades the fossil fuel industry and ties’’ about the science became part of son who is the most talented in raising those who cater to them have tried to the public’s perception. money. blur this debate, to blur the science, to In the year 2000, influential Repub- I reintroduced a bill last year called create divisions among us, instead of lican pollster Frank Luntz prepared a the Fair Elections Now Act. This legis- looking for what we have in common to playbook for those who wanted to cre- lation would establish a voluntary, try to solve this problem rationally ate doubt in the public’s mind about small-donor public financing system and reasonably. climate change. Mr. Luntz wrote: for Senate campaigns. We would finally Make no mistake, there is a delib- break the back of Big Money’s control erate campaign, financed by the fossil Should the public come to believe that the scientific issues are settled, their views over the American political system. fuel industry—a campaign that uses about global warming will change accord- The Fair Elections Now Act can’t solve the pseudoscience of manufactured ingly. Therefore, you need to continue to all the problems facing us, but the bill doubt. It is coordinated. I have seen make the lack of scientific certainty a pri- would allow us to fight back against the likes of it before. mary issue in the debate. deep-pocketed special interests by dra- In 2006, the major tobacco companies So what is taking place right now in the United States were found guilty matically changing the way campaigns with the effort of the fossil fuel indus- are funded, encouraging small donors of ‘‘a massive 50-year scheme to de- try is a deliberate campaign to mislead fraud the public.’’ Decades before, to- and matches for those small donations. the American public. As we grapple with important issues bacco company research had already Sadly, this web of denial that started shown that tobacco was truly harmful like climate change, we have to recog- in 1998 is alive and well today. Just last nize the influence of money in our po- and addictive. Instead of letting year, at an ExxonMobil-sponsored science and the moral imperative be- litical system and why one major polit- meeting of the notorious American ical party in the world today still de- hind it promote public health, the com- Legislative Exchange Council, the panies launched an extensive campaign nies climate change. Until we embrace president of the Heartland Institute campaign finance reform and ensure sowing seeds of doubt about the dan- stated: gers of tobacco. that politicians do not feel beholden to I know about this firsthand. I was a There is no scientific consensus on the special interests like the oil and gas in- human role in climate change. There is no Member of the House of Representa- dustry, climate-denying politicians need to reduce carbon dioxide emissions and will continue to prevent us from taking tives about 27 years ago. I introduced a no point in attempting to do so. bill to ban smoking on airplanes. It action. This quote is in direct opposition to was opposed by the tobacco lobby, and It is unconscionable that some very Earth scientists in one of the world’s the leadership in both political par- powerful people put their profits ahead most highly respected Earth science ties—Democratic and Republican elect- of the future of the planet we live on, organizations—the American Geo- ed leaders in the House of Representa- but we know it is true. If we don’t act physical Union, or AGU. tives—opposed me. We called it for a on climate change, there is no backup This spring, a group of 254 Earth sci- vote, and to the amazement of every- plan. entists cited these lies in a letter as one, it passed. It turns out Members of Let me end on a hopeful note. When Congress are the largest frequent flyer one of the many reasons why the Pope Francis came to Washington, DC, club in the world, and they knew how American Geophysical Union should last September, he called for action on outrageous it was to suggest there decline to accept ExxonMobil’s finan- addressing climate change and global were smoking and nonsmoking sections cial sponsorship of their group. The warming. The Pope said: on an airplane. Earth scientists also made clear that All is not lost. Human beings, while capa- I led that initiative to ban smoking ExxonMobil distributed scientifically ble of the worst, are also capable of rising on airplanes, and I was joined by the false and misleading information, are above themselves, choosing again what is late Senator Frank Lautenberg who members in or financially support good, and making a new start. took up the cause in the Senate, and 26 other climate-denying organizations, Pope Francis is right. Let’s not run years ago we banned smoking. It made and donated to climate-denying politi- away from our responsibility in the a difference. We had to fight the to- cians and past misinformation cam- Senate or in life to our children and bacco lobby all the way. They denied paigns. our grandchildren. Let’s work toward that nicotine was addictive. They de- ExxonMobil is not alone in spending solving the real challenges of climate nied there was a linkage between to- money to influence elections and affect change with both political parties. It is bacco and cancer. They created a pseu- environmental policy. The oil and gas not too late to make a new start, to do doscience. They paid scientists to come industry pours millions of dollars into the right thing, and to protect this up with theories that said tobacco real- election campaigns every year. In the planet that we call home. ly wasn’t that dangerous. 2012 election cycle, energy and natural Madam President, I yield the floor. Well, sadly, we are seeing that same resource corporations, their employees, The PRESIDING OFFICER. The Sen- thing today when it comes to climate and industry super PACs spent more ator from Iowa. change. Just as the tobacco industry than $147 million to make sure the Mr. GRASSLEY. Madam President, created a campaign of manufactured right people were elected in congres- we all want safety, security, health and doubt to protect their financial inter- sional seats, in Senate seats, and in the well-being for all of our fellow Ameri- ests and profits, a web of fossil fuel in- Presidential campaign. During the cur- cans. But it sometimes seems impos- dustry groups, aided and abetted by rent election cycle, they have already sible for us to agree on how best to one of the very groups that resisted spent more than $101 million, and they achieve them. So when Congress comes anti-smoking laws, are behind this web will likely contribute millions more in together to find solutions to an urgent of climate denial. the 4 months remaining. Experts esti- crisis facing the country, we should

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.043 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4980 CONGRESSIONAL RECORD — SENATE July 12, 2016 pause briefly, mark that achievement, countability provisions, which help other illegal narcotics into the United and consider how we got there. prevent waste, fraud, and abuse of States. That is what I hope will happen this grant funds, and ensure that resources There are other parts of CARA that I week when the Senate votes on the go to those who need them most. feel passionately about as well. Many conference report for S. 524, the Com- I also helped make sure that a fixed people who abuse prescription drugs prehensive Addiction and Recovery portion of the funds for first responder get them from friends or relatives. Act, or CARA. access to naloxone is set aside for rural CARA authorizes an expansion of the CARA addresses the opioid crisis in a areas, like much of Iowa, where access Federal initiative that allows patients comprehensive way, by authorizing al- to emergency healthcare can be lim- to safely dispose of old or unused medi- most $900 million over 5 years for pre- ited. cations, so that these drugs don’t fall vention, education, treatment, recov- And finally, because methamphet- into the hands of young people, poten- ery, and law enforcement efforts. Last amine remains such a problem in Iowa, tially leading to addiction. I am proud week, the House of Representatives I made sure that the community-based to have helped start these ‘‘take back’’ passed the report by an astounding coalition enhancement grants created programs by working with Senators margin of 407 to 5. by the bill would also be available for KLOBUCHAR and CORNYN in 2010 to pass We have all heard the statistics communities suffering from high rates the Secure and Responsible Drug Dis- about the epidemic of addiction to her- of meth abuse, in addition to opioid posal Act. It has been a highly success- oin and prescription opioids that is abuse. In fact, these enhancement ful effort. Since 2010, over 2,700 tons of gripping our country. I won’t belabor grants are intended to supplement drugs have been collected from medi- them today. When 129 Americans a day grants made to community coalitions cine cabinets and disposed of safely. die from drug overdoses, we don’t need under the Drug Free Communities Act Iowa also has a similar ‘‘take back’’ statistics on a page to tell us about of 1997. I am proud to have been the program that is expanding rapidly. this catastrophe. We only need to lis- lead sponsor of that legislation in the Anything we can to do to encourage ten to our constituents. I hear from Senate. these programs is worthwhile. Iowans all the time about real-life ex- The CARA Grassley substitute, with CARA also authorizes funds for other amples of how this epidemic is hitting these changes, passed the Judiciary valuable programs: those that encour- home. Committee unanimously by voice vote age the use of medication assisted A few years ago, I heard the story of in February. I then managed the bill on treatment, provide community-based Kim Brown, a nurse from Davenport. In the Senate floor, where it was approved support for those in recovery, and ad- 2011, she lost her son Andy Lamp to an 94 to-1 in March. Tackling important dress the unique needs of pregnant and accidental heroin overdose. He was problems in a bipartisan way is impor- post-partum women who are addicted only 33. She now speaks out around my tant to me. That is why, as Chairman to opioids. State about the need for expanded of the Judiciary Committee, I have It is no wonder that the CARA con- treatment options for those with sub- moved eight bills through the Com- ference report has been met with such stance abuse disorders. She also advo- mittee, CARA among them, for which widespread praise and support. The Ad- cates for increased access to naloxone, the lead sponsor was a member of the diction Policy Forum called it a ‘‘mon- an anti-overdose drug that can save Democratic minority. By way of com- umental step forward.’’ Almost 250 ad- lives. parison, last Congress the Committee vocacy organizations have written to I heard Kim Brown’s plea—and the didn’t report a single bill for which the Congress in support of the report, con- conference report helps fill these and lead sponsor was a Republican in the cluding that ‘‘this bill is the critical other critical gaps. I urge the entire minority. And every one of the 27 bills response we need.’’ These organizations Senate to demonstrate that it has I have moved through the Committee include many influential national ones, heard her, and thousands like her, by this Congress has had bipartisan sup- such as the Community Anti-Drug Coa- passing the conference report, and port. That isn’t just talking the talk litions of America, the National Crimi- sending it to the President for his sig- on bipartisanship, it is walking the nal Justice Association, and the Na- nature before we return home. walk. tional District Attorneys Association. The Senate’s vote this week will be After the Senate acted on CARA, the Iowa community organizations are the culmination of a process marked by House of Representatives passed its well-represented in that group as well, hard work, bipartisanship, and a com- own package of bills by a vote of 400 to including the Partnership for a Drug mitment to addressing this crisis in an 5 in May. And so the task fell to a bi- Free Iowa, Kossuth Connections, all-encompassing way. cameral, bipartisan committee to de- Siouxland Cares, the Iowa Alliance for I convened a hearing on attacking velop a conference report that would Drug Endangered Children, Community the opioid epidemic in the Senate Judi- blend the best of the two approaches Resources United to Stop Heroin of ciary Committee in January. The Com- together. I led the Senate delegation Eastern Iowa—Dubuque Chapter, Quad mittee heard from Federal and State that negotiated the report, along with Cities Harm Reduction, which Kim officials in the law enforcement and Senator ALEXANDER, Chairman of the Brown leads, and many more. public health communities. We also Committee on Health, Education, The National Fraternal Order of Po- heard from a courageous young woman Labor and Pensions. We concluded lice wrote in support of the conference who lost her daughter to a heroin over- weeks of hard work and negotiations report as well. The FOP explained that: dose and subsequently started a sup- with a conference committee meeting Law enforcement officers are almost al- port group to assist those in recovery. on July 6. I voted for a number of im- ways the first on the scene—even before the The hearing continued for well over 3 provements to the report during the paramedics arrive. In these life and death three hours. Senators who aren’t even meeting, offered by both Republicans situations, our officers are not looking to members of the Committee stopped in and Democrats. make an arrest, but to save a life. Many to listen, and learn. By that time, a bi- In particular, I was proud to support States and jurisdictions have successfully equipped their officers with [naloxone], partisan group of four Senators had al- Senator MURRAY’s amendment that trained them to recognize the symptoms of ready introduced CARA. Soon after the will create an Office of Patient Advo- an overdose, and administer it on the scene. hearing, I sat down with Senators cacy at the Department of Veterans Af- We believe that the final conference report WHITEHOUSE, PORTMAN, KLOBUCHAR, fairs to help ensure our veterans re- on S. 524 will help expand the use of naloxone and AYOTTE—two Democrats and two ceive the care they deserve. and give us one more tool to reduce the Republicans—to build on their out- I am also pleased that the CARA con- deaths from this epidemic. standing work. The leadership of those ference report includes a bill that I in- It isn’t every day we can say that four Senators on this issue has been in- troduced with Senator KLOBUCHAR, the legislation we pass could help save dispensable. Kingpin Designation Improvement Act. lives. But this is one of those times. I We agreed on some changes to CARA This bill strengthens the ability of the want to thank the Republican leader that facilitated its movement through Federal Government to freeze the as- for moving this legislation on the floor, the Judiciary Committee. In par- sets of foreign drug kingpins, who traf- and providing the Senate the oppor- ticular, I worked to include my ac- fic opioids, methamphetamine and tunity to pass it this week.

VerDate Sep 11 2014 05:36 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JY6.004 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4981 Indeed, heroin deaths spiked dra- every day to keep our families and our injustices undermine the very values matically from 2010 through 2014, more communities safe. This is a fact we can our Nation was built upon. It is the re- than tripling, from 3,036 to 10,574. But never forget and a reality that con- sponsibility of each and every one of us sadly, during this entire time, the fronts public safety officers and their to acknowledge that too many Ameri- Democratic leader didn’t make it a pri- families every day. cans are needlessly dying, and we must ority to move comprehensive, bipar- Across Michigan, our hearts have come together to stop them. tisan legislation on the floor to address been shattered by senseless violence More now than ever, it is time for us this epidemic. like this, and I know the grief of my to unite as a country to encourage un- Now, some of my colleagues have ex- fellow Michiganders because I feel this derstanding and compassion for our fel- pressed concern that the conference re- grief in my own heart as well. Unfortu- low Americans. Now is the time for us port, an authorization bill, doesn’t also nately, this is not the first tragedy to to walk in another’s shoes and ac- appropriate money for this epidemic as strike West Michigan this year. We are knowledge the experiences that have well. But thankfully, under Republican still reeling from the mass shooting in shaped their views. Now is the time for leadership, the appropriations commit- Kalamazoo in February, where six peo- this body to come together to offer so- tees have been doing just that. The ple were killed and two were critically lutions. The American people need us. current Senate appropriations bills in- injured. It is crystal clear that the relation- crease funding for this epidemic by 57 We are facing a very difficult time in ship between law enforcement and the percent over fiscal year 2016 enacted our country’s history. Last week’s communities they serve is strained, levels, and by 115 percent over fiscal tragedies further demonstrate this and an overhaul of our criminal justice year 2015 enacted levels. So funding for point. Within just 48 hours, we saw two system is long overdue. On top of these this crisis is poised to more than dou- separate incidents where American strained relations, we are continuing ble since Republicans took control of citizens died at the hands of those who to see rising prison populations and the Senate. As this funding continues were sworn to protect them. Then, unsustainable costs as public budgets to increase, the CARA conference re- what started out as a peaceful protest remain tight. port will be the blueprint for where in response to those deaths, suddenly We see too many at-risk youths being this money is most effectively spent. morphed into an unrelated and horrific funneled out of our schools and into This bill is just the latest example of attack on law enforcement—an attack our prison systems, continuing a vi- the productive, bipartisan work we on officers who died to protect the cious cycle in many of our commu- have been doing on the Judiciary Com- rights of protesters to peacefully pro- nities. We see too many people who mittee this Congress. I want to thank test. have served their time only to find all of the Members for their hard work Let me be clear. Something is wrong that once they get out of prison, they and for our achievements together. when a hard-working and beloved cafe- can’t find a good job or a stable home. So I urge my colleagues to vote to teria supervisor is killed during a rou- We need a better understanding of send CARA to the President this week. tine traffic stop. Something is wrong the causes of these concerning trends, And when we come back in September, when police officers, honorably serving and we need to identify solutions that let’s roll up our sleeves and continue to and protecting their communities, are will help ensure we are administering build on this bipartisan success. killed during a peaceful protest. Some- justice in a fair and equitable way for I yield the floor. thing is wrong when a salesman and a every American—regardless of who The PRESIDING OFFICER. The Sen- father of four dies while selling CDs. they are, where they may live, or their ator from Michigan. Something is wrong when a police offi- income level. That is why I have intro- TRAGEDIES IN MICHIGAN AND ACROSS THE cer is ambushed and shot while re- duced legislation with Republican Sen- COUNTRY sponding to a 911 call for help. Too ators LINDSEY GRAHAM of South Caro- Mr. PETERS. Madam President, I many precious lives are being lost, not lina and JOHN CORNYN of Texas to cre- rise with a heavy heart to address dev- just in Michigan but in States all ate a National Criminal Justice Com- astating tragedies that have shaken across our country. mission. The Commission will be made communities in Michigan and across I was heartbroken by the tragic up of experts on law enforcement, vic- this country. Just yesterday, the com- shooting deaths of Philando Castile in tims’ rights, civil liberties, and social munity of St. Joseph, MI, suffered a Minnesota and Alton Sterling in Lou- services who will be charged with un- tragic shooting that cost the lives of isiana last week, only to wake up hor- dertaking an 18-month review of our two dedicated public servants and in- rified on Friday morning to learn of criminal justice system from the top to jured several others. five Dallas police officers, including the bottom. It is something that has I would like to extend my condo- Michigan native Michael Krol, who not been done since 1965—more than 50 lences to the families of bailiffs Joseph were struck down in the line of duty. years ago during another very difficult Zangaro and Ronald Kienzle, who were We have seen enough violence. Across time in our Nation’s history. fatally shot yesterday in Berrien Coun- our countries, our communities are The goal of this Commission is to ty, MI. Both Joseph and Ronald had outraged and heartbroken at the num- identify commonsense solutions to the distinguished careers as public safety ber of lives which have been lost. While serious issues facing our criminal jus- officers prior to serving as bailiffs in the events of last week are almost too tice system, promote fairness in our the Berrien County Courthouse. much to bear, the images from commu- laws, build stronger relationships be- Joseph Zangaro retired from the nities like Chicago, Staten Island, Fer- tween law enforcement and our com- Michigan State Police as post com- guson, and Baltimore have gripped this munities, and strengthen faith—basic mander of the Bridgman Post and had Nation’s attention as well. faith—in our criminal justice system. worked for the Berrien County Trial We have seen tears of sadness, burn- The Commission will focus on trans- Court for over 10 years. ing storefronts, and confrontations be- parency, issuing recommendations to Ronald Kienzle retired as a sergeant tween police and young people, as well the President and Congress, and mak- in road patrol with the Benton Charter as peaceful protesters marching ing reports on its findings available to Police Department in Benton Harbor, through the streets. It is clear there is the public and entities within the MI, and was a veteran of the U.S. a persistent and troubling problem in criminal justice system. It will take a Army. our country that is eroding away comprehensive approach to reviewing I also want to wish Deputy James Americans’ faith in our justice system. the criminal justice system and will Atterbury and Kenya Ellis a speedy re- With each troubling incident, it be- look at numerous issues in light of our covery for the wounds they received comes clear that justice in this coun- current climate. during this attack. try is sometimes neither fair nor equal, When President Lyndon Johnson’s Yesterday’s incident illustrates a and we must act now to address this in- 1965 Commission last conducted a com- very important fact. Whether as a equity. prehensive review over 50 years ago, it member of a local police department, a This problem isn’t isolated to our Af- was the first time police, prosecution, rapid transit officer, or a court bailiff, rican-American communities or to our defense, the courts and corrections public safety officers risk their lives law enforcement communities. These were all examined as a whole. That

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JY6.005 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4982 CONGRESSIONAL RECORD — SENATE July 12, 2016 Commission made more than 200 rec- and misinformation campaign on the media, which has played an unfortu- ommendations to improve the criminal subject of climate change. It is straight nate role. justice system, including creating the out of a bad movie about politics, com- Generally speaking, people in the 9–1-1 emergency system that is so in- plete with PR guys, dark campaign U.S. media like to get ‘‘both sides of grained in our society today. money, fake scientists, politicians in the story’’ just to be fair, which under Our country has changed signifi- the mix, and a weakened media. It is many circumstances works just fine. cantly over the last 50 years, and an- like Raymond Tusk actually exists. After all, the definition of a bad story other top-to-bottom review of our I rise today to join my colleagues in in a lot of reporters’ minds is to be one- criminal justice system is long over- combating a pervasive and highly dam- sided. What happens when one side of due. In fact, the President’s Task Force aging campaign of misinformation, the story is factual and the other side on 21st Century Policing, which was disinformation, and outright lies. For is a house of cards? Many in the media created after the troubling situation in decades, the same hired guns that tried still report it as though, on the one Ferguson, strongly recommended the to convince the American people that hand, scientists say climate change is creation of a national commission to there was no link between smoking and real, and on the other hand, some say evaluate the entire criminal justice lung cancer have been following the it is not. To be fair, this has improved system. same playbook on manmade climate over the last year or so, but that was The National Criminal Justice Com- change. They want to sow doubt where the foundational weakness of the mission that my legislation creates no doubt exists. Just like the tobacco American media—their credulity when will shine a light on the whole scope of companies profited from denial, so too reporting on deniers—that the climate our criminal justice system, including have the fossil fuel companies profited denial apparatus took full advantage police and community relations, our by propping up front groups and sham of. grand jury system, the right to counsel think tanks that try to convince us There are not two sides to every in misdemeanor cases, the lack of that the science on climate change issue. Sometimes there are just facts speedy trials, and the struggles ex-of- isn’t settled and that no consensus ex- on one side and bull on the other. We fenders face in finding housing, em- ists between mainstream scientists, don’t argue about the existence of ployment, and support services after but of course that is not true. gravity or whether the Earth is round leaving prison. The American Association for the or, thankfully, whether smoking This Commission is one critical piece Advancement of Science said: causes lung cancer. We have known of a larger puzzle. We must also take The science linking human activities to since the 19th century that carbon di- swift action on our justice system, climate change is analogous to the science oxide traps heat much like a green- such as sentencing reform. The Com- linking smoking to lung and cardiovascular house. We know that burning fossil mission also has the support of a wide diseases. Physicians, cardiovascular sci- fuels releases stored carbon into the at- range of groups, including the Fra- entists, public health experts, and others all mosphere. We have seen the evidence of ternal Order of Police, the NAACP, the agree that smoking causes cancer, and this consensus among the health community has increasing temperatures and rising sea International Association of Chiefs of convinced most Americans that the health levels for decades. The correlation be- Police, the National Urban League, and risks from smoking are real. A similar con- tween levels of carbon dioxide in the many other law enforcement and civil sensus now exists among climate scientists, atmosphere and global temperatures is rights groups. a consensus that maintains climate change absolutely undeniable. To deny the re- The National Criminal Justice Com- is happening and human activity is the mission is vital to understanding the cause. ality of manmade climate change in reforms and best practices that we It is worth pausing here to make two this context requires willful ignorance. need to reduce crime, help law enforce- basic points. The first is one I men- How is this happening? Academics ment do their jobs safely and effec- tioned earlier, and that is that the from Yale and Drexel Universities, tively, protect our communities, and same techniques which were used to among others, have researched and ex- build a justice system that works for block science and prevent action on to- posed the many sources of dark money every American. These problems are bacco are now being deployed to pre- that are fueling the climate denial ma- not easy, and there are no quick an- vent action on climate. That stands to chine. My colleagues are speaking swers. It is going to require all of us reason. If you are looking for public re- today—and spoke yesterday as well— working together to make these vital lations techniques to essentially mis- about some of the greatest offenders, changes a reality, but together we can lead the public so you can squeeze addi- and I will focus my remarks on just achieve the promise of this great coun- tional years and decades of profit- two. One is a small organization that try—justice for every American, no ability, then you would be wise to use most people haven’t heard of, and an- matter who you are, where you live, or the techniques, methods, and proce- other is an organization that I think a how much money you may have in dures that worked in the past, so that lot of people who work in politics have your pocket. sort of stands to reason. It shocks the heard of. The first is the Center for I yield the floor. conscience, but it shouldn’t shock us Study of Carbon Dioxide and Global The PRESIDING OFFICER. The Sen- that this is happening. The really Change, and the other is the Heartland ator from Hawaii. shocking part is this. Of course they Institute. CLIMATE CHANGE would use the same techniques to mis- The Center for Study of Carbon Diox- Mr. SCHATZ. Madam President, I lead the public regardless of the issue, ide and Global Change is a family hate conspiracy theories. I believe but the real shock is that it is literally project out of Tempe, AZ, that claims most of the suspicious, confusing, frus- the same people. It is not the same that global warming will be beneficial trating, or unknowable things in the type of person or the same category of to humanity. The center does not dis- world are the way they are not because person, it is the same human beings close funding information because they there are 12 people in a room wringing and the same professionals. They are believe doing so would bias the way their hands trying to figure out how to the same PR firms, and they have rep- people perceive their purpose and pub- trick all of us but because the world is licated the machinery of the Tobacco lications, and that may be the only complicated, often unfair, sometimes Institute, sharing processes, proce- thing they say that is true. illogical, and we all operate with in- dures, personnel, and funding sources. Transparency is crucial in the world complete information. So even as a cli- But just as we did against Big Tobacco, of science because it allows the sci- mate hawk, I came to the idea of an or- we are going to win the war of ideas entific community and the general ganized misinformation campaign with against Big Oil and Big Coal. public to determine whether there real hesitation. I didn’t want to be that The truth is on our side, but the might be a conflict of interest. In this guy who believes there is an evil em- truth is not guaranteed to come out. instance, there is a conflict of interest. pire that lies for a living. But here is We actually have to expose their eco- We know that at the very least, the thing: I have studied this, and I system of misinformation to make real ExxonMobil and Peabody coal have have learned that there really is an or- progress on climate, and so for a mo- given significant sums of money to the ganized, well-financed disinformation ment I will talk a little bit about the center. When two companies with a

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.050 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4983 long history of climate denial are pay- tial threat to our planet and to future If you go to the Heritage Foundation ing you to deny the scientific con- generations. By denying climate web site, you will find that it says that sensus on climate change, it is fair to science and lobbying against efforts to climate change is ‘‘used too often as a point out that something smells a lit- address climate change, these deniers vehicle to advance special interests tle fishy. are subjecting the planet and every- and politically driven agendas.’’ That Better known than the Center for body on it to great risk. is rich, coming from an ideological or- Study of Carbon Dioxide and Global Climate change will have significant ganization devoted to promoting a par- Change is the Heartland Institute, adverse impacts on all of our States, tisan agenda. No one can deny that. which gained national attention after including my State of Minnesota. Just The Heritage Foundation is noto- putting up a billboard comparing those look at our agriculture sector, which is rious for trying to undermine the who believed in manmade global warm- responsible for one out of every five science on climate change. Their favor- ing to the Unabomber, Ted Kaczynski. jobs in Minnesota. Warmer tempera- ite claim is that ‘‘the only consensus This tasteless stunt rightfully cost tures and more intensive droughts are over the threat of climate change that Heartland $825,000 in corporate dona- going to negatively impact this impor- seems to exist these days is that there tions, but Heartland still receives mil- tant rural economic engine. In fact, a is no consensus.’’ lions of dollars a year from fossil fuel recent study estimates that with no Even as recently as April, a report companies and others with a vested in- adaptation efforts against climate that the Heritage Foundation issued terest in continuing the status quo. change, Midwest crop production could referred to climate scientists as ‘‘a They still have an outsize impact in decrease by more than 60 percent by field that is a mere few decades old’’ the national conversation by insinu- the end of the century. and that ‘‘no overwhelming consensus ating that the science on climate Climate change will also impact our exists among climatologists.’’ change is not settled. waters, and that is important to my While these statements may grab Not surprisingly, Heartland follows State—the Land of 10,000 Lakes—which headlines, they are utterly false. the tobacco playbook to a T. Their reli- includes Lake Superior. Lake Superior Climate change science actually dates back to the 1800s—before Henry ance on dark money means that alone contains about 10 percent of the Ford sold his first car, before Thomas Heartland’s funding is notoriously dif- world’s fresh surface water, and it is Edison invented the light bulb, and ficult to track. According to the warming by two degrees per decade. even before the first oil well was watchdog group Conservative Trans- Because of this warming, we are seeing drilled in the United States. In 1824, parency, Heartland has received more more evaporation and lower water lev- French scientist Joseph Fourier pro- than $14 million from the Koch-initi- els in the lake. Plus, rising tempera- posed that the atmosphere keeps the ated Donors Trust and Donors Capital tures allow for more favorable condi- Earth warm—what we know today as groups, which shield donors’ identities. tions for invasive species and haz- the greenhouse effect. We know that ExxonMobil has contrib- ardous algal blooms. Warmer tempera- In 1859, an Irish scientist, John Tyn- uted at least $675,000 since 1998, and the tures could also have severe con- dall, attributed this warming to sev- Union of Concerned Scientists found sequences for fish like walleye pike and eral gases, including carbon dioxide. In that 40 percent of those funds were spe- trout that are so important to Min- 1896, a Swedish scientist, Svante cifically designated for climate change nesota fisheries and ecosystems. Arrhenius published the first calcula- projects. The money from these organi- And let’s not forget the threat of cli- tion of global warming from human zations, among others, allowed Heart- mate change to our forests. As in our emissions of carbon dioxide. In the land to publish nearly 3,000 documents lakes, warmer temperatures elevate more than 100 years since, scientists all toward climate change skepticism be- the threat of invasive species such as around the world have studied, de- tween 1998 and 2013. Heartland also or- the emerald ash borer and gypsy moth bated, and researched different aspects ganizes gatherings of climate skeptics that are rapidly changing the composi- of the issue. and defends fossil fuel funding experts tion of our forests—or the bark beetle So when staff from the Heritage who continue to deny the reality of the in Colorado, the State the Presiding Foundation, none of whom actually changing climate we are already seeing Officer represents. They destroy trees have advanced scientific degrees, write today. We have seen this movie before. and cost economies and money and a report that claims climate science is What is happening this week is his- jobs. a new field that has little scientific toric. We are no longer going to allow So we can see that climate change consensus, they are ignoring the nearly these front groups to pose as on-the- poses a very serious threat to Min- 200 years of research—a scientific body level think tanks. We have a moral ob- nesota and to our country. I believe it of research that has led to 97 percent of ligation to not only solve this problem is the defining issue of our genera- climate scientists agreeing that hu- but to also fix our politics. We should tion—an issue that demands immediate mans are causing global warming. all be making decisions about how best action. But, unfortunately, there are But every now and then, even the to solve this problem. some groups that have been trying to Heritage Foundation admits that cli- Let’s have this great debate. Let the prevent action. These groups have mate change is in fact real. But when two major political parties have an ar- spent many millions of dollars mud- they admit it, they pretend that cli- gument about the best way to tackle dying the water, distorting the science, mate change isn’t a big deal and that it climate change because this isn’t just a deceiving the American people, and, ul- is not worth our time to combat it. In climate thing at this point, this is an timately, delaying the response that 2010, a senior policy analyst at the Her- integrity thing. we desperately need. itage Foundation—with a degree in With that, I yield the floor. Over the last two days, my col- law, not climate science, mind you— The PRESIDING OFFICER. The Sen- leagues have come to the floor to ex- declared that ‘‘none of the scary stuff ator from Colorado. pose this web of denial—the extensive about global warming is true, and what (The remarks of Mr. GARDNER per- network of groups and individuals who is true about global warming, what the taining to the submission of S. Res. 526 are spreading lies about climate science actually tells us about man’s are printed in today’s RECORD under change—and I am here today to expose role in changing the climate, is far ‘‘Submitted Resolutions.’’) one of the worst actors of all: the Her- from terrifying.’’ The PRESIDING OFFICER (Mr. itage Foundation. Now all of this science denial and GARDNER). The Senator from Min- The Heritage Foundation is a right- false propaganda might not be such a nesota. wing ideological organization known big deal if climate change wasn’t such CLIMATE CHANGE for advocating for discriminatory so- a serious problem, but when you look Mr. FRANKEN. Mr. President, I rise cial and economic policy—things like at the scope of the problem you quick- today to join my colleagues to expose attacking voting rights, privatizing So- ly realize how the Heritage Foundation those who continue to deny the science cial Security, and favoring tax breaks is acting in an incredibly and delib- of climate change and try to deceive for the rich to the detriment of the erately irresponsible way. the American people. This is important middle class. They are also a mouth- Last year, I traveled to the climate because climate change is an existen- piece for climate denial. change conference in Paris and met

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.052 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4984 CONGRESSIONAL RECORD — SENATE July 12, 2016 with a delegation of leaders from Ban- hoods. That is what they do at the Her- I have two grandchildren, and I am gladesh, a country that has contrib- itage Foundation for a living. expecting my third later this year. God uted little to industrial air pollution The money paid to Heritage goes to willing, they will live through this cen- but is one of the most vulnerable to the supposed experts whose jobs are to re- tury and into the next, and in 50 years negative impacts of climate change. It lease thousands of bogus reports about I don’t want my grandson Joe to turn is estimated that unless we act, rising climate change. These experts are not to me and say: Grandpa, you were in sea levels will inundate 17 percent of climate scientists. They are lawyers the Senate, and you knew about the se- Bangladesh, displacing about 18 million and economists serving as puppets for verity of climate change. Why didn’t people in this low-lying nation by the the fossil fuel industry. These same so- you do anything to stop it? And also, end of this century. Even now, rising called experts publish op-eds and do why are you still alive? You are 115 sea levels are impacting Bangladesh interviews in media outlets around the years old. through salt water intrusion, reducing country—talk radio—helping to spread I will say it was all investments we agricultural yields and ruining drink- disinformation or misinformation or made in our age. I want my grandson ing water supplies. It is already having what we sometimes call lies. They also to know that when we had the oppor- a profound effect. brief Congress and serve as trusted au- tunity to put the planet on a safer We are talking about a very poor thorities for staff in many Republican path, we seized the moment. country that doesn’t have the re- offices. So it shouldn’t surprise us that So let’s not allow the Heritage Foun- sources to deal with climate change. my Republican colleagues deny climate dation and all of these different mem- Bangladeshis will be uprooted and change when they rely on these ex- bers of this web to slow us down. Let’s turned into climate refugees without a perts. not let the selfish motivations of shad- home. I would bet these individuals Despite the best efforts of the Koch owy donors with ties to the fossil fuel would disagree with the Heritage Foun- brothers, the Heritage Foundation, and industry prevent us from making the dation that the impacts of climate other deniers, people around the coun- planet a safer and more habitable place change are ‘‘far from terrifying.’’ try are not fooled. In Minnesota we are for our children, our grandchildren, If you think the Syrian refugee crisis seeing changes to our crops, lakes, and and future generations. is difficult to deal with, just think of forests. Instead of sticking their heads It really is time to stand up to igno- the magnitude of what we will see if we in the sand, Minnesotans are taking ac- rance and denial. It is time for all of us do not address climate change. For a tion. on both sides of the aisle to do what is In 2007, under a Republican Governor, lawyer at the Heritage Foundation to right for future generations. my home State established a renewable make this claim is not only irrespon- I thank the Chair, and I yield the energy standard to produce 25 percent sible but, frankly, dangerous to the floor. of our power from renewable sources by welfare of people around the world. The PRESIDING OFFICER. The ma- These are just a few examples of the 2025. That same year, Minnesota passed jority leader. an energy efficiency standard to re- falsehoods that the Heritage Founda- ORDER OF PROCEDURE quire utilities to become a little more tion spreads about climate change. If I Mr. MCCONNELL. Mr. President, I efficient every year. To top things off, had the time, I could go on for hours— ask unanimous consent that notwith- Minnesota established an aggressive maybe, even, days—quoting more of standing rule XXII, at 11 a.m., Wednes- goal to reduce greenhouse gases 80 per- those lies. In fact, from 1998 to 2013, the day, July 13, the Senate vote on the cent by 2050. These are the kinds of Heritage Foundation published more motion to invoke cloture on the con- policies that we need to combat cli- than 1,600 documents contributing to ference report to accompany S. 524. I mate change, and these are also the climate skepticism, and they have pub- further ask that following the cloture kinds of policies that the Heritage lished many more since. So I think we vote, the Chair lay before the Senate Foundation is fighting tooth and nail the message to accompany H.R. 636, can say the Heritage Foundation is de- to prevent. liberate and unwavering in its fraud It is not just the Minnesota legisla- the FAA bill; that the majority leader and deceit. ture that is taking action. Minnesota or his designee be recognized to make a One might ask: Why would the Herit- businesses also recognize the impor- motion to concur in the House amend- age Foundation work to deceive the tance of fighting climate change. Last ments to the Senate amendments; and American people in such a way? What year I joined Dave MacLennan, the that the time until 1:45 p.m. be equally do they get out of it? CEO of Cargill, in penning an op-ed in divided between the leaders or their Well, I will tell you. It is because the Minneapolis StarTribune to high- designees. I ask that following the use they are being paid to do so by self-in- light the threat of climate change to or yielding back of time, the Senate terested fossil fuel companies like agriculture, especially considering that vote on the motion to concur in the ExxonMobil and people with major in- global population will reach 9 billion House amendments to the Senate vestments in fossil fuel companies, like by midcentury. As the CEO of a food amendments with no intervening ac- the Koch brothers. Perhaps you have company focused on agriculture, Dave tion or debate and that all time allo- heard of them. The Heritage Founda- is concerned about what climate cated for consideration of H.R. 636 tion’s work to espouse lies and prevent change is going to do to our food sup- count postcloture on S. 524, if cloture action on climate change directly ben- ply. He is not alone. We have busi- is invoked. efits the bottom line of the companies nesses all over our State that are in- The PRESIDING OFFICER. Without and brothers who are funding them. We stalling wind turbines and solar panels objection, it is so ordered. know this because over the past two and manufacturing cutting-edge energy Mr. MCCONNELL. For the informa- decades ExxonMobil donated nearly $1 efficiency technologies. tion of all Senators, the cloture vote million to the Heritage Foundation; Minnesotans aren’t fooled by the on the CARA conference report will and the Koch brothers, the owners of Heritage Foundation. On the contrary, occur at 11 a.m. tomorrow, with the the fossil fuel conglomerate Koch In- to them, climate change represents a vote on the FAA bill scheduled at 1:45 dustries, contributed nearly $6 million. Sputnik moment—an opportunity to p.m. Senators should expect a vote on These companies and brothers are wor- rise to the challenge and defeat that adoption of the CARA conference re- ried that if people knew what their threat. In response to Sputnik, we port during tomorrow’s session. products were doing to the planet, they ended up not just winning the space The PRESIDING OFFICER (Mr. LEE). would stop buying their products or race and sending a man to the moon, The Senator from Louisiana. transition to other renewable energy or we did all sorts of good things for the ZIKA VIRUS FUNDING public policy would drive the markets American economy and society. Mr. CASSIDY. Mr. President, I come away from their products. So in order We did it before, and we can do it as a Senator, but actually I come wear- to protect their bottom line, they set again. By rising to the challenge of cli- ing two different hats right now—two out to misinform the public. That is mate change, we will not just clean our more hats aside from being a Senator. what they do for a living, and Heritage air, but also drive innovation and cre- One of them is a teacher. I still teach and many other similar organizations, ate jobs, and not only in the clean en- at the LSU Medical School and have are helping them to spread their false- ergy sector. for the last 30 years, so I decided to do

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.054 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4985 a presentation on something wearing isiana, where I am from, and they con- specify that the money needs to go to my next hat. tracted it sexually. a public agency, one that sees Medicaid In my life as a physician, I have done Nonetheless, the virus is in the patients, the State or territory Federal much work in public health and have United States. It is particularly a prob- program that takes care of the unin- learned, by the way, that if you head lem in Puerto Rico and the U.S. Virgin sured. Planned Parenthood is not a off illness early, you save a lot of Islands. These are American citizens. Medicaid provider. money. You save a lot of money after These Puerto Ricans, if they wish, can So it is not that they are not men- that. I call it the balloon theory. If you board a plane and travel anyplace they tioned; it is that they are a private en- put a balloon up to helium and you wish in the continental United States. tity that, in Puerto Rico, does not ac- squeeze the nozzle, it inflates quickly, That is their right as Americans. Simi- cept Medicaid. So we could carve in but if you pull it off the nozzle, it re- larly, these folks who are infected in and say: If you are a private entity, mains deflated. these States can travel anyplace they you can also receive these Federal dol- Right now, we have something at wish. lars to provide family planning. It just risk with Zika that will be like that Why is that important? Well, theo- so happens that in Puerto Rico, helium balloon—inflating rapidly un- retically, it is important because these Planned Parenthood does not. less we do that initial thing that pulls are the areas where the mosquitos that So Republicans are trying to release the balloon off the helium so that it carry the Zika virus live in the United $1.2 billion to pull the balloon off the works. States. So theoretically, wherever helium so it does not inflate with all I am a teacher, so I decided to do these mosquitos are—and Hawaii kinds of cases, and one more case of a something different. If anybody in the should be on here someplace—the virus Jose would be one case too many. But audience so chooses, they can put their can enter and the virus can be trans- we are caught up in this snafu about phone and their QR code reader up to mitted by the mosquitos to many other Planned Parenthood. It is the craziest the television or the computer monitor Americans. thing in the world, but unfortunately and they can scan this barcode, and By the way, though, it is not just it is how Washington, DC, sometimes they will see the slides we are about to that you have to live where the mos- works. go over. So if you are watching at quitos are. The first person to die from As a public health physician, I find home and you wish to follow, then you Zika in the continental United States that incredibly offensive. As a doctor can download these slides, and if you just died in Utah. She contracted it who understands the critical nature of think them important, you can forward elsewhere but then died in Utah. So the this, I am asking folks on the other these slides to another person. Again, risk to our country is at least this. I side of the aisle to accept that this bill that is my effort as a teacher to try to will be perfectly honest. It is particu- may not be exactly what they want—it speak about the spread of Zika. larly a risk for those on the gulf coast is not exactly what I want—but it is This is Jose Wesley, born to a Bra- because we have the sort of subtropical something that would give additional zilian mother who contracted Zika climate in which Zika flourishes. That resources to the Centers for Disease probably in her first 3 months of preg- is why I am particularly concerned. Control and others to begin to fight the nancy. When Zika went through the But wearing my other hat as a public Zika virus before it comes more exten- momma’s blood when Jose was in her health doctor, I know we have this mo- sively to our Nation’s shores. womb, into the amniotic fluid or ment in time. Either we pull that bal- through the placenta, it entered Jose’s loon off so it does not inflate with We can anticipate that public health body and went to his brain. That virus Zika, damaging our country, creating emergencies in the future are inevi- stayed inside his brain and terribly af- more Joses here in the United States, table. For example, we recently had fected his brain. or not. Ebola. We had the West Nile virus. We Jose was born with microcephaly. Some of you may have seen the have already spoken about Zika. So You cannot really see from this angle barcode that I held up initially. You aside from hoping that my Democratic what microcephaly is, but what may have downloaded that. We will colleagues will agree to release the $1.2 ‘‘microcephaly’’ means is ‘‘small hold up that barcode again if you wish billion to fight Zika now, there is also brain.’’ Here is a profile of a child with to download these slides, but all of something else I am proposing, but I microcephaly. You can see that—un- these are on the PowerPoint presen- don’t want to sound overly partisan be- like the big head babies normally tation that you may download should cause I am doing this particular bill have—this is a very small head. This is you wish. with my Democrats—with Senator associated with severe neurologic defi- Public health emergencies are inevi- BRIAN SCHATZ from Hawaii. We are put- cits and early death. This is a tragedy table. Let’s talk about the response to ting forward the Public Health Emer- and potentially a preventable tragedy. this one. Mr. President, $600 million gency Response and Accountability Again, the teacher in me wants to that was left over from the Ebola fund Act. talk a little bit about Zika. The spread has been released to CDC and other I am from Louisiana. We have had of Zika historically gives us insight as agencies to mount a response against hurricanes. Hurricane Katrina is the to what we must fear now. Zika was Zika. Now, $600 million was left over, one that is the most famous. If there is first discovered back in 1951 in Africa, and only one-fifth of it has been spent. a hurricane or another natural disaster Uganda. Then, at some point in the So there are still substantial dollars that hits an American State, then three decades that followed, it spread available, but the CDC and other Fed- FEMA has a budget that is automati- quickly to Asia, and then from Asia to eral agencies say they need more. cally triggered. It does not have to go Yap Island in 2007, which is in the Pa- Republicans have supported $1.2 bil- through this appropriations process. cific. In 2013 and 2014, it went to more lion in additional funding to fight We don’t tie it down in discussions of Pacific islands. In 2015 and 2016, it en- Zika. My colleagues on the Democratic extraneous matters. It is something tered the Americas. At some point, it side—we have a difference over this. that immediately comes to bear to began to spread rapidly. This is impor- They are opposing this $1.2 billion to bring relief to those affected by natural tant because it is now in the Americas fight Zika because they say the Repub- disasters. threatening Americans. lican bill discriminates against The other thing that is done is that These are States which have cases of Planned Parenthood. normal Federal contracting processes Zika. Here is the U.S. Virgin Islands. Planned Parenthood is not men- are waived. So instead of having to get Here is Puerto Rico. They have the tioned in the bill, and the way it dis- 10 different signatures—which literally most, but almost every State is af- criminates—I have been in Wash- might be the case—for someone to fected. Most folks have contracted it ington—in the Senate, at least—for 2 travel from Washington, DC, to Lou- elsewhere and brought it back to their years, and sometimes you have to kind isiana or Kansas or Florida, it is State, but there are some folks who re- of figure out why people are taking of- waived and that emergency response ceived it sexually. So their partner fense at something. Even though coordinator may immediately go. contracted it, perhaps in Brazil, and Planned Parenthood is not mentioned, There is oversight, so this is not carte came back to Texas or Florida or Lou- the reason they object is because we blanche, but it is a more effective way

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.055 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4986 CONGRESSIONAL RECORD — SENATE July 12, 2016 to bring Federal resources, in partner- Climate Action Task Force on the floor State level, local elected politicians, ship with local resources, to bring re- to bring attention to the well-funded and many of America’s biggest compa- lief to those affected. We bring that network of organizations that are de- nies.’’ ALEC writes ‘‘model policy’’— flexibility in the use of funds while re- liberately misleading the public on cli- thousands of cookie cutter, anti-con- taining accountability. mate change. My colleagues have servation bills that legislators can in- We call this the Public Health Emer- called them the web of denial. We all troduce under their own name, in their gency Response and Accountability gathered on the floor yesterday and own States, in hopes of turning them Act, and we anticipate entering this in today to bring attention to these polit- into law. very soon. Senator SCHATZ has been ical front groups that are acting as Specifically, in the area of energy wonderful to work with in terms of this major roadblocks to the actions we policy, ALEC pushes a concerted legis- aspect of what we are doing. must take as a nation and as a global lative agenda that is in line with the So there are two issues. The $1.2 bil- community to address the difficult and rest of the Koch network to promote lion that we should release now, that disruptive but absolute and unequivo- climate skepticism and roll back laws would immediately go—it is not a per- cal scientific reality of climate change. that protect clean air and water. fect bill, but we have to prevent more This web of denial is made up of doz- ALEC’s ‘‘model bills’’ read like they cases of these children who are trag- ens of organizations propped up by were written by the biggest polluters ically born with microcephaly, as well dark money. These political front in our country because they probably as more deaths, like the woman who groups for wealthy and self-interested were. recently died in Utah. Then, No. 2, we donors like the Koch brothers—you There are resolutions condemning need to have the response and account- may have heard of them—peddle bogus the Clean Power Plan, calling for ability act, which gets rid of this proc- theories that climate change isn’t real States to withdraw from regional cli- ess we struggle through in order to re- or, at the very least, the American mate initiatives and to reconsider na- lease those funds to bring the relief we public should doubt the overwhelming tional environmental standards such as need. scientific evidence and fear what might rules that reduce ozone pollution—and, Let me summarize by saying this: happen if we enact policies that move I might add, save lives. ALEC also This is a baby with microcephaly. I us toward cleaner energy solutions. pushes bills that call for repealing re- think there have been three children These organizations are promoting newable fuel standards that are moving born in the United States already—not policies that are completely counter- our electric grid toward cleaner energy conceived here but born here—who productive at a time when we urgently sources. have microcephaly. This child’s life is need to take decisive action to combat ALEC has also written model resolu- limited. She will most likely die at an climate change and to protect the tions that call for selling off or turning early age, with severe neurological health of our children and future gen- over public lands, such as our national deficits. If you just want to look at it erations. forests in Western States like New in a dollars-and-cents approach, this As many of my constituents know Mexico and across our country. The child will be a ward of the State for the well, climate change has already had a current ALEC State chair in my home entirety of her life and will cost the very real and costly impact in my State of New Mexico introduced legis- Federal taxpayer millions of dollars. home State of New Mexico, as it has lation at the Roundhouse in recent We have already had these babies across our Nation and around the years called the Transfer of Public born in Puerto Rico, New Jersey, and world. In New Mexico, we are already Land Act, which would call on the Fed- Hawaii. There are two pregnant women seeing more extreme and prolonged eral Government to turn our public in Illinois who tested positive for Zika, drought conditions, larger wildfires, and we had a death in Utah and Puerto lands over to State management. shrinking forests, and increased flood- The only way Western States like Rico—not children but adults. The ing. This is the reality now, not some mine could foot the bill for admin- question is, Will the Senate work to far-off date in the future, and the istering America’s public lands would stop this? And again, if you are watch- longer we wait to act, the more dif- be to raise taxes dramatically or—and ing and you wish, you can scan this ficult and the more expensive the solu- this is much more likely—sell off large barcode, you can download this presen- tions will be. expanses to developers and other pri- tation. That is why the fictitious narratives Let me finish by saying this. I just spun by this web of denial and their or- vate interests. Over time, it would said the Senate should work to stop ganizations are so dangerous and why mean public lands that New Mexicans the spread of Zika. You can do some- we, as policymakers, need to stand and go to every summer to hike and camp thing. We are a representative democ- refute their lies. We need to disclose and barbecue with their families, the racy and we respond to you, the people, who they really are and discredit their national forests where they go to chase and if we don’t, by golly, you should campaigns. elk and mule deer during hunting sea- vote us out. So I am asking you, if you I am focusing this evening on the son would be closed off behind no tres- are watching at home and you think American Legislative Exchange Coun- passing signs. there needs to be a response quickly cil, or ALEC. ALEC is an organization I have long believed public lands are and efficiently and effectively to com- made up of State legislators across the an equalizer in America, where access bat the spread of Zika, you can either Nation, and ALEC claims that nearly to public lands ensure you don’t need barcode this or not, but whatever you one-quarter of our country’s State leg- to be a millionaire to enjoy the great do, call your Senator. Ask your Sen- islators are affiliated with the organi- outdoors or to introduce your family, ator—ask her or him—to support ef- zation. ALEC calls itself a nonpartisan your children to hunting and fishing forts to stop the spread of Zika, to re- organization that promotes an ex- and hiking. This land-grab idea is just lease the $1.2 billion, and to also sup- change of ideas to help create State- as ludicrous as denying climate port the bill Senator SCHATZ and I are based policies that promote economic change, just as detached from reality, putting forward, the Public Health growth. and similarly comes at the expense of Emergency Response and Account- Sounds like motherhood and apple our public health and protection of our ability Fund. pie, doesn’t it? But when you take a public lands and resources. Ultimately, we answer to you, the look at who is behind ALEC’s oper- Frankly, you don’t have to do a deep- people. That is a good thing. I ask you ations and you take a look at the types dive investigation to figure out what is to perhaps use this tool to help us, to of policy they are pushing in State cap- going on. The so-called policy experts encourage us to answer to you, as we itols across this Nation, you get a and leaders that make up ALEC’s should. sense for their real agenda, and you board of directors are on the record as Mr. President, I yield the floor. can tell they are part of the coordi- climate skeptics. ALEC’s CEO, Lisa The PRESIDING OFFICER. The Sen- nated and well-funded campaign to Nelson, said: ‘‘I don’t know the science ator from New Mexico. peddle doubt and skepticism about the on that,’’ when she was asked if CO2 CLIMATE CHANGE settled science of climate change. emissions are the primary driver of cli- Mr. HEINRICH. Mr. President, I rise ALEC has been described as ‘‘a dat- mate change. Texas State representa- to join my colleagues from the Senate ing service between politicians at the tive Phil King, the national board

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.056 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4987 chair for ALEC in 2015, said: ‘‘I think The reality is, the Organ Mountains- dermine this Nation’s efforts to combat the global warming theory is bad Desert Peaks National Monument in global climate change. science.’’ And Connecticut State rep- Southern New Mexico, which this The science on climate change is be- resentative John Piscopo, ALEC’s na- group has slandered, serves as a na- yond rational dispute. Climate change tional board chairman in 2013, said: tional example of community-driven, is real. It is a clear and present threat ‘‘The public has been hoodwinked. . . . landscape-scale conservation. In fact, to our planet, and it must be addressed I have serious doubts about whether independent polling shows over- robustly and urgently. [climate change] is manmade.’’ whelming local support for this monu- Scientists have proven unequivocally We all know the reason ALEC’s mem- ment, and I am proud of my close work that CO2 and other greenhouse gases bers and leaders say things like this with the region’s diverse coalition and we release into the atmosphere when and promote these kinds of bills. It is stakeholders that worked so hard for we burn fossil fuels act to trap heat because so much of the funding for so many years to make that monument and form an invisible blanket to warm ALEC’s operations comes from sources a reality. the planet. Over the last century, the other than membership dues. Over 98 Two years into the Organ Mountains- Earth’s average temperature has con- percent of ALEC’s revenues comes from Desert Peaks designation, local busi- tinued to rise, with 9 of the 10 warmest corporations and trade groups and cor- nesses in the Las Cruces area are at- years on record occurring since the porate foundations. That is how ALEC tracting major tourism dollars and eco- year 2000. works, by sewing uninformed seeds of nomic benefits. The Lonely Planet True to form, 2015 was the Earth’s doubt to move the needle at the State guidebook has named Southern New warmest year on record. Rising global and local level toward anti-science, Mexico as a top 10 ‘‘Best in the U.S.’’ temperatures have led to extreme anti-climate action policies that ben- for 2016 destination, and highlights the changes in weather events and in our efit their funders’ bottom line. national monument as a reason to environment. No country is insulated ALEC is just one piece of a large web visit. and no State is insulated from the es- of similar dark money organizations The tax revenues of the town of calating effects of climate change. In the United States, we are seeing it that promote climate skepticism and Mesilla have jumped over 20 percent in this every region of the country, and are dangerous fronts for corporate in- since the monument’s creation, and we are witnessing its effects very dra- terests to deliberately mislead the pub- Las Cruces’ lodgers tax revenues are up matically in my State of New Hamp- lic and influence lawmakers. To see since 2015, in part because of new con- shire. Rising temperatures are affect- just one other recent example of this in ferences and meetings attracted to the ing our tourism, our outdoor recre- my home State of New Mexico, I would area by the monument. ation, and our agriculture industries. like to take a moment to look at a let- You can see how out of touch these We are experiencing an onset of nega- ter to the editor published last week in groups are that want to instead sell off tive health impacts and increases of in- the Las Cruces Sun-News by the Envi- this public land. The organizations sect-borne diseases—Lyme disease is ronmental Policy Alliance. that make up this web of denial are one—all of which can be tied to the ef- This is another one of those web-of- promoting dishonest and deceptive denial political front groups. In the let- fects of climate change. campaigns that frankly run directly In the United States and throughout ter to the editor, they claim that con- counter to the public interest. the world, people acknowledge that servation and monument designations At a time when we desperately need global warming is an existential threat are really ‘‘federal land grabs’’ and the to move our State and national energy that requires immediate action to slow work of ‘‘radical environmental and conservation policies forward, we its pace and mitigate its effects, even groups’’ trying to stop economic devel- should be taking the overwhelming and while those climate deniers are still opment. These ‘‘radical groups’’ and indisputable scientific fact of climate out there, making noise. ‘‘green decoys’’ are, according to the change seriously, and we should make According to the Pew Research Cen- letter, such dangerous groups as Trout smart and forward-looking investments ter, two-thirds of all Americans ac- Unlimited, the Theodore Roosevelt in the sustainable, low-carbon fuels of knowledge that climate change is real Conservation Partnership, the Izaak the future. and that action must be taken to ad- Walton League, and Backcountry I am convinced advances in energy dress it. But there are some, an ex- Hunters & Anglers, groups that all efficiency and generation and trans- treme but influential minority, who stand up for the interests of sportsmen mission of clean power offer us a road- argue that climate change is a hoax; and hunters and anglers—certainly not map that not only allows us to combat that it lacks scientific consensus; that what most of my constituents would climate change but to do it in a way the changes we observe are not due to consider radical. that will create thousands of new jobs CO2 and other greenhouse gas emis- A close look shows who the real and much needed economic activity in sions, but they are due instead to vari- decoy is. The Environmental Policy Al- New Mexico and all across our country. ations in the sun or cosmic rays; and liance is funded by the Western Fuels That is the reality, just like climate that policies to limit greenhouse gas Association, another organization in change. Climate change is not theo- emissions will ruin our economy. the web of denial, and it is a pet retical. It is one of those stubborn facts Not surprisingly, these climate project of lobbyist Rick Berman, who that doesn’t go away just because we deniers are not scientists, though they has also led deceptive public campaigns choose to ignore it or if we listen to may pretend to be. They are front on behalf of cigarette and alcohol com- the company line from self-interested groups funded by the fossil fuel indus- panies and now dirty energy. This or- Koch donor networks and organiza- try, generally, and the Koch brothers, ganization doesn’t care about the best tions like ALEC. in particular. These front groups are way to manage our publicly owned I think it is time to call these paid to spin a web of denial wrapped in lands or preserving the ability of ‘‘Astroturf’’ groups out for who they ideology with the aim of purposely de- Americans—no matter what their really are and, frankly, who they really ceiving the public about the dangers of stake in life is, how much money they answer to. More importantly, it is time climate change. This is deceitful and it make—to experience our country’s rich to take action on the moral challenge is wrong, and we are here on the floor outdoor heritage. Instead, the Environ- of our time—addressing climate this afternoon to call out these groups mental Policy Alliance wants to put change—so that our children can in- by name so that the public knows what our public lands up for sale so the cor- herit the future they truly deserve. to watch for and there is some trans- porate elite can develop them for their The PRESIDING OFFICER (Mr. parency about what is being said. own use and their own profit. PERDUE). The Senator from New Hamp- One of those groups is the Competi- The Environmental Policy Alliance shire. tive Enterprise Institute, or CEI, based has published similar letters in dozens Mrs. SHAHEEN. Mr. President, I rise in Washington, DC. This group de- of small to midsized city newspapers today to join my colleagues in speak- scribes itself as ‘‘a public policy orga- all across our country in recent years— ing out against what I believe is the nization committed to advancing the canned letters with no connection to misleading and dangerous campaign of principles of free enterprise and lim- local sentiment. some in the fossil fuel industry to un- ited government.’’ But if we look more

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.058 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4988 CONGRESSIONAL RECORD — SENATE July 12, 2016 closely, we find that CEI is not an inde- ducted in the House by Rep. Thomas Bliley regulation. In addition to the states’ rights pendent organization. It is funded by and in the Senate by Sen. Nancy Kassebaum. issues, economic and political arguments powerful corporations designed to Those hearings focused on whether the FDA were incorporated in the discussions with spread untruths and disinformation on was fulfilling its mission and included sev- Administration officials. eral demands by Congress for documents and Support of the American Legislative Ex- behalf of its corporate sponsors. deposition. change Council—a public/private consortium In recent years, CEI has taken up the At the Senate oversight hearing, former of conservative state legislators—took a issue of climate change. It has been FDA Commissioner Charlie Edwards testi- stand against FDA regulation, as did the outspoken in disputing scientific evi- fied, raising further questions of whether the Southern Legislative Congerence, a group af- dence that human-produced greenhouse FDA was acting legally and responsibly in filiated with the Council of State Govern- gas emissions are driving global warm- pursuing a course that would lead to tobacco ments. ing. regulation. Meetings were held with the Southland Some may recognize CEI not for its As a result of the growing focus on FDA Corp., one of the nation’s largest cigarette from inside and outside Congress and the retailers, and with the Food Marketing Insti- work on climate denial but for its groundwork laid through the oversight and tute and National Association of Conven- prominent role in misleading the pub- investigations committee work, legislation ience Stores to brief those groups on poten- lic about the scientific evidence link- to reform the FDA was proposed earlier this tial adverse impacts of FDA regulation and ing smoking to lung cancer and heart year and is expected to be formally intro- to enlist their opposition. disease. Legal documents from major duced in September. A key provision in the A working group was formed by the To- tobacco companies exposed the fact reform legislation will be to restrict FDA’s bacco Institute to bring together industry that CEI received more than $800,000 regulatory authority. representatives and the retail and wholesale from Philip Morris to launch coordi- The House Agriculture Committee also re- trade communities to join together and work quested that Kessler supply all documents he toward the common goal of compliance with nated media campaigns to attack the was using in consideration of his tobacco laws prohibiting sales of tobacco products to Food and Drug Administration’s efforts regulations. Kessler has resisted, and that ef- minors. Much of the focus centered on em- to regulate tobacco. fort continues. ployee education regarding underage sales. Mr. President, I ask unanimous con- In recognition that Kessler ultimately Covington and Burling also was given the as- sent that a series of these documents would play some regulatory role regarding signment of drafting appropriate state legis- be printed in the RECORD. tobacco, an aggressive campaign was con- lation that could be used as a model in state There being no objection, the mate- ducted over the past six months to educate legislatures. rial was ordered to be printed in the members of Congress and their staffs regard- A blueprint was established to enable the ing the issue of regulation. company to contact and mobilize legislative RECORD, as follows: One result of that campaign was a July 15 and retail association allies to participate in WRO EFFORTS press bipartisan press conference led by the 90–day comment period once the Kessler Beginning last fall, the assistance of the Reps. L.F. Payne and Richard Burr as a re- regulations were released and to support ap- Washington Legal Foundation, Citizens for a sult of media reports that Kessler had sent propriate Congressional action on the issue. Sound Economy and the Competitiveness his regulatory proposal to the White House. Third-party spokespeople were identified Enterprise Institute was sought to define the Participants circulated Dear Colleague let- in each state to address the issues of FDA FDA as an agency out of control and one ters throughout Congress and submitted Op- regulation with local media, and a state failing to live up to its Congressional man- Ed pieces to their hometown newspapers elected official in each state has been identi- date regarding regulation of drugs and med- challenging the need for FDA regulation. fied to enlist his or her colleagues in upcom- ical devices. Also, as a result of those education efforts, ing legislative sessions on youth access Beginning in December, those groups con- delegations of elected officials met with issues. ducted an aggressive media campaign toward White House officials in an effort to derail INTERNAL ACTIVITIES/MEDIA RELATIONS those goals, incorporating the issuance of federal intervention in tobacco regulation. Work began last year to formulate a PM policy papers, conducting symposia, filing The groundwork that has been laid legisla- program that would address the issue of petitions with FDA and taking other steps to tively has been designed to create a recep- youth access, with a decision made in De- keep the public and media focus on the agen- tive atmosphere in Congress for legislation cember to hold those proposals in abeyance. cy. that will be introduced to eliminate FDA’s Company employees and outside consult- On the legislative front, a group of south- role in tobacco regulation. The timing and ants involved in the issue were formally as- ern Democrats began negotiating with the specifics of such legislation are under consid- signed roles as the FDA response team, and White House early this year on behalf of the eration. efforts began in January to incorporate the industry seeking to eliminate any role for Efforts in Congress also were made to iden- various elements into a comprehensive pro- the FDA in the regulation of tobacco. tify unlikely allies—those who generally are gram addressing all conceivable actions that The quid pro quo in these negotiations more concerned with the politics of regula- could be taken by the Clinton Administra- would be voluntary concessions on the part tion rather than the substance—and resulted tion or the FDA regarding tobacco regula- of the industry on the issue of youth access in meetings with the WH with Sen. Chris tion. to cigarettes. Leading the negotiations were Dodd and Rep. Dick Gephardt. Labor also These efforts encompassed both public af- Sen. Wendell Ford and Rep. L.F. Payne. presented opposition to Kessler’s role in reg- fairs campaigns and potential legal filings. After nearly eight months of discussion, the ulation. Press releases, statements, fact sheets, video WH rejected the compromise. Recognizing that legislators weren’t the news releases, background video and other Beginning in January, members of Con- only point of White House access, a con- materials necesssary to convey the com- gress—at the urging of several outside ference of tobacco growers held this summer pany’s position were drafted and taped for groups including Citizens for a Sound Econ- focused on the ramifications of FDA regula- each of the options considered. omy—began taking a much closer look at tion. Both Sen. Ford and Rep. Payne spoke PM representatives with scientific creden- the FDA appropriations request. That scru- to growers, and efforts continue to mobilize tials were assigned the task of meeting with tiny led to the successful effort to eliminate the agricultural community in opposition to various ‘‘think tanks’’ to discuss the issue of $300 million sought by FDA to consolidate the proposed regulation. FDA regulation and generate guest edi- its offices in a new federal campus, by any The support of Administration political ad- torials and comments to the media. measure a major setback for Kessler. visors was enlisted to discuss the ramifica- Those team members who were identified Meanwhile, Congress also was scrutinizing tions of FDA regulation, and those efforts as taking a public role in PM’s response were the regular appropriations and voted to also continue. freeze the agency’s budget, effectively de- given media/communications training, focus- creasing the level of funding for next year STATE ACTIVITIES ing on the effective delivery of company when adjusted for inflation. Efforts focused primarily on defining the messages. Language was inserted in that legislation issue of youth smoking as one that properly In late spring, the proposed youth access to restrict Kessler’s authority to assign em- should be addressed at the state and local program was resurrected and the company ployees to various projects and a list of ques- level, rather than having FDA intervene subsequently announced Action Against Ac- tions was submitted to Kessler regarding his with any regulatory scheme. cess, incorporating voluntary and proposed investigation into tobacco, including what In all 50 states, the stated goal was to en- legislative steps to address the issue of resources and personnel were being devoted dorse or pass reasonable marketing laws youth smoking. to the effort. which stop minors from purchasing ciga- The announcement of AAA was made at a Congress has not been satisfied with his re- rettes, with a minimum of government inter- New York press conference and was accom- sponses to date, raising the issue of whether ference in the marketing of the cigarettes to panied by an aggressive media outreach cam- Kessler has been evasive or even engaged in adult smokers. paign, including the use of VNRs, back- obstruction of Congress in this area. State elected officials also were contacted ground video feeds, letters to elected offi- Congress also initiated a series of over- to intervene with the White House to stress cials and coordination with third-party al- sight hearings regarding the agency, con- the point that there was no need for FDA lies.

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G12JY6.059 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE July 12, 2016 CONGRESSIONAL RECORD — SENATE S4989 In early July, those involved in the FDA on a new mission to confuse and mis- suading the public that human-caused working group participated in a simulation lead the public on climate change. It is global warming is a scientific fraud. Of geared to measure company response to an financing and directing ad hoc groups course, the group’s lawsuits are frivo- announcement by the FDA of full or partial like the so-called Cooler Heads Coali- lous and baseless. But this doesn’t mat- regulation of tobacco. That exercise envisioned several different tion, which claims that global warming ter because the entire point of the law- actions Kessler could take on tobacco regu- is a myth and that many scientists are suits is to disrupt important academic lation, and measured the company’s response skeptical of climate change. CEI has research that may help us anticipate, to an FDA announcement. Based on the re- also produced two television ads that avoid, or mitigate the impacts of glob- sults of that exercise, the action plan was allege that the polar ice caps are thick- al warming. fine-tuned to deal with various options ening, not shrinking, and that CO2 Once again, if we look at the funding Kessler was believed to have available. emissions are good for the environ- behind E&E Legal, we understand ex- By the time of Kessler’s announcement of ment. actly why this group is attacking cli- regulatory intent, the company mobilized to mate scientists and their work. E&E battle the Administration proposal on both CEI’s ads sound more like something the legal and public affairs fronts. that Saturday Night Live might come Legal does not publicly disclose its do- A lawsuit was filed as soon as the FDA no- up with. For instance, this is their nors. We have seen that before. How- tice of intent to regulate was published in tagline about CO2: ever, bankruptcy proceedings have the Federal Register, and two hours before They call it pollution. We call it life. identified that the group is funded by President Clinton’s afternoon press con- Arch Coal and Peabody Energy, and Of course, we all know that CO2 is ference announcing the action, PM held a necessary for plant growth. But what that E&E’s senior lawyer has received press conference to announce the lawsuit and that ad fails to mention is that too funds directly from Alpha Natural Re- register its objections to the FDA action. sources. These are some of the largest By the time Clinton made his announce- much CO2 in the atmosphere can cause ment, a video news release and background global temperatures to rise, and that coal producers in the United States. It video was fed by way of satellite to tele- there is more of it in the atmosphere is shameful and dishonorable that vision news departments throughout the today than at any time during the last these coal companies are funding the country, and satellite time was booked to 420,000 years. So there is more carbon, harassment and intimidation of sci- provide those stations an opportunity to entists. They are putting profits ahead more CO2 in the atmosphere than at interview PM spokespersons for local broad- any time during the last 420,000 years. of people, and their disinformation casts. threatens the scientific inquiry and With assistance from Burson-Marsteller, Just as in the case of Big Tobacco, PM press kits were sent to all major Wash- one need only to look at who funds CEI transparency we need in order to make ington-area media in anticipation of stories to see how they determine their mes- smart climate policy decisions to pro- generated by those reporters. saging. We have a chart here to show tect our Earth. While World Regulatory Affairs was deal- where their funding comes from. I In conclusion, big corporations are ing with the public affairs aspects of the would just point out that this is data using organizations that claim to be FDA announcement, the Washington Rela- all compiled from publicly available independent to spread misleading mes- tions Office mobilized its plans to reach leg- sages to the American people, knowing islative supporters in Washington and in key records. We see ExxonMobil Founda- tion. Then we see the Koch family and that people would be quick to discount southern states to mount criticism of the these messages if they actually knew President’s decision. their foundation. Then we see Philip All materials disseminated to the press Morris. So there is significant funding they were coming directly from coal also were circulated on Capitol Hill to pro- from people who have an agenda about companies and from Koch Industries. vide legislators with the PM’s position and climate change. This campaign of disinformation and rationale for filing suit. With information in My staff has determined that be- propaganda endangers the health, envi- hand, several southern legislators were able tween 1985 and 2015, CEI has received ronment, and economic well-being of to react and respond quickly to media in- people in the United States and across quiries. almost $15 million from rightwing or- ganizations like the Donors Trust and the world. That is why Senators who The PM briefings on Kessler’s actions ex- acknowledge the science of climate tended to conservative columnists and think the Dunn’s Foundation for the Ad- tanks, enabling them to provide third-party vancement of Right Thinking. CEI has change, Senators who understand the views of the Administration’s action. also received more than $2 million, as urgency of action to combat climate Mrs. SHAHEEN. CEI lobbied politi- we see here, from ExxonMobil, and change are speaking up this afternoon cians, conducted symposia, and pub- more than $1 million from the Koch and for many days to come. By coming to the floor, we want to lished policy papers and op-eds with ti- foundations and the Koch brothers per- expose groups like CEI and E&E Legal tles such as ‘‘Safety Is a Relative sonally. The strong ties between CEI’s for what they are—front groups whose Thing for Cars: Why Not for Ciga- message denying climate change and role is to spin a web of denial. By rettes?’’ CEI’s then-policy analyst, the interests of coal, oil, and gas com- championing clean energy policies, we Alexander Volokh, even went so far as panies are clear and obvious. So it want to ensure that the United States seems that while CEI has changed its to describe the act of smoking as a reduces its dependence on fossil fuels client, it is still in the exact same busi- civic duty. while creating millions of jobs to sup- As the documents that we have just ness of selling lies and selling out the port our economy in alternative energy submitted for the record detail, CEI’s health and the future of ordinary and green energy sources. mission was to portray the FDA as ‘‘an Americans. By supporting our country’s leader- agency out of control and one failing to Another industry front group I want- ship in negotiating the international live up to its congressional mandate.’’ ed to talk about this afternoon has climate agreement concluded last year For a time, CEI was successful. Con- been exceptionally loud in denying cli- in Paris, we are doing our part to slow gress took a closer look at FDA’s ap- mate change. It is the so-called Energy global warming and help poorer na- propriations requests, and lawmakers & Environment Legal Institute, or tions most affected by it. This is just slashed agency funding and passed lan- E&E Legal. E&E Legal has several dif- the beginning. We will continue to guage to restrict FDA’s authority to ferent aliases—the American Tradition come to the floor to advocate for poli- regulate tobacco. In fact, at one over- Institute, George Mason Environ- cies to reduce carbon emissions, to sight hearing, Members of Congress mental Law Clinic, and Free Market strengthen our economy, and to pro- even questioned whether the FDA was Environmental Law Clinic—but its MO tect our environment. acting legally and responsibly in pur- is one and the same. Like CEI, E&E I yield the floor. suing a course that would lead to to- Legal has a core mission of discred- The PRESIDING OFFICER. The Sen- bacco regulation. iting climate science and dismantling ator from Rhode Island. If this sounds like deja vu, that is be- regulations that protect the environ- Mr. REED. Mr. President, today I cause it is. CEI and other front groups ment. However, instead of rolling out join many of my colleagues here in en- are using the same playbook, the same ad campaigns, E&E Legal has a dif- couraging the Senate to continue tactics to deny climate change that ferent approach. Its specialty is working on solutions to protect our they used to deny a link between to- harassing individual climate scientists planet from the growing threats of cli- bacco use and fatal disease. CEI is now and researchers with the aim of per- mate change.

VerDate Sep 11 2014 03:59 Jul 13, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A12JY6.008 S12JYPT1 emcdonald on DSK9F6TC42PROD with SENATE S4990 CONGRESSIONAL RECORD — SENATE July 12, 2016 First, I would like to thank Senator craft carriers, and increasing the com- not to deny. As a nation already feel- SHELDON WHITEHOUSE for his leadership plexity for our Navy. ing the effects and costs of climate and tireless work on these issues. We One of the more interesting moments change, it is also in our national inter- both represent the great State of I had on the Committee on Armed est to do so. As we have seen time and Rhode Island, the Ocean State, and I Services was to listen several years ago again, other countries would join us if am lucky to have such a strong partner to an admiral describe to me that tran- America leads the way—not by denial to work with to improve the health of sit to the Arctic Ocean will become but by dedication to pragmatic solu- our oceans and fight sea level rise, commonplace in just a few years. To tions that can be achieved. beach erosion, and ocean warming and someone who was brought up in the American companies must also do a acidification. I am proud to work 1950s and 1960s and served in the mili- better job in addressing climate alongside him as we respond to the se- tary in the 1970s, that seemed com- change. It is not enough just for Amer- rious challenges of climate change. In- pletely implausible, but that is hap- ica’s government and military to take deed, he is the leader in this effort in pening. Yet there are groups that are action; the private sector also needs to the Senate, throughout my State, and organized that are trying to make that step up to the plate. Companies need to throughout the country. I applaud his disappear. be transparent and provide fuller dis- commitment to this endeavor and his It is not disappearing for our mili- closure of the impacts their industries efforts to organize all of us to come tary. They have to cope with it, plan have on our climate and environment here and to speak out on this growing for it, and, indeed, ensure that our se- and must take full responsibility for danger. curity is protected from the ramifica- their actions. Some companies have We are already shouldering the costs tions. improved their sustainability practices of climate change as Americans, and In national security, decisions are and have made strides to inform con- these costs are increasing. Climate made by a careful evaluation of risk. sumers about their carbon footprint, change is driving severe drought and Given the preponderance of scientific and more need to join them. In fact, wildfires in the West, larger and more evidence, it only makes sense that we many companies concluded it is in frequent floods in the Midwest, and sea address the major risks caused by cli- their economic self-interest to do so, level rise and greater storm damage mate change. National security and not just in the national or public inter- along our coasts. Vulnerable popu- foreign policy leaders across the polit- est to do so. lations, like children with asthma and ical spectrum issued a statement last Information about the risks posed by the elderly, are suffering from higher year urging the highest levels of Amer- climate change is also something that levels of smog in our cities and longer ican government and business to take is critical to investors, some of whom and more severe heat waves. Farmers domestic and international action to are demanding greater disclosures. For and ranchers are struggling with crop fight climate change. These are the na- example, Allianz Global Investors, and livestock losses from drought. In- tional security experts. They are a bi- which is a global diversified active in- creasingly, acidic oceans are harming partisan group of Americans who have vestment management with nearly $500 shellfish populations and threatening dedicated their lives to this Nation. billion in assets under manager has fisheries. Communities are struggling They are not a self-interested group of specifically called for ‘‘achieving bet- to pay for infrastructure damaged by people who are profiting from a certain ter disclosure of the effects of carbon fires, more extreme storms, and coastal position. They include former Secre- costs on the Oil & Gas companies.’’ erosion. taries of Defense, Chuck Hagel, Wil- This is why I have introduced legisla- In the face of this evidence, as my liam Cohen, and Leon Panetta; Secre- tion to enhance climate-related disclo- colleagues have all pointed out, there taries of State Madeleine Albright and sures by publicly-traded companies to is a systematic and organized effort to George Shultz; National Security Advi- ensure that these companies are pro- discredit, dismiss it, ignore it, but sors Zbigniew Brzezinski and Robert viding investors with the information Americans are sensing dramatically ‘‘Bud’’ McFarlane; Senators Olympia necessary to make informed invest- the effects in their own lives, and they Snowe, Carl Levin, and Richard Lugar; ment decisions. understand this. New Jersey Governor and Chair of the These companies not only have an One area I think is important to em- 9/11 Commission Thomas Kean; and re- obligation, as we all do, to the greater phasize is that climate change is not tired U.S. Army Chief of Staff, GEN welfare of the country and indeed the just a local issue or an issue that is as- Gordon R. Sullivan. These and many world, but they owe a very direct and sociated with domestic policy. It has others agree that climate change is a fiduciary responsibility to their inves- profound national security ramifica- threat to national security and have tors. Many of these companies have in- tions. Indeed, to the military, climate called for U.S. leadership in the global formation—I would suspect at least— change acts as a threat multiplier, ex- effort to tackle the urgent and complex that should be disclosed, and we have acerbating threats in already unstable problem of climate change. And yet, to ensure that they do this so that the regions of the world. Climate change even these wise and selfless Americans market operates appropriately. creates chokepoints for oil distribution are being dismissed, if you will, by the It is not just about broad statements lines and exacerbates our dependence organized effort to undercut scientific of protecting the climate. It is not just on foreign oil to fuel ships, tanks, air- evidence. about feeling good. It is about making craft, and tactical vehicles. We took steps and have taken steps. concrete information available to the To protect our national security, we Last December, in Paris, we took a public, to investors, to the country as a must take action based on scientific step forward with an international whole—not to deny, obfuscate, or ig- evidence presented by our Nation’s best agreement. More than 150 countries nore this information. climate scientists. Such experts have pledged to develop plans to tackle cli- I urge my colleagues to support legis- overwhelmingly warned us that the in- mate change domestically, including lation that protects our air, water, nat- creasingly warmer temperatures will countries once reluctant to act, such as ural resources, and environment. The mean oppressive heat in already hot China and India. American leadership health of our oceans and environment areas. This translates not only to geo- has been the key to getting these coun- must be preserved for now and for fu- political issues, but it translates down tries on board and agreeing to do their ture generations. Indeed, in this effort, to the individual soldier. For our infan- fair share. These countries are also act- I can think of no one who is taking a try personnel, this means carrying sev- ing because it is in their self-interest more forceful and constructive role eral pounds of additional gear across to do so—for their own health and for than my colleague Senator WHITE- dry and arid regions. And supplying their national security. HOUSE. Again, I salute him. these troops with fuel and water is be- It is clear that no country can avoid With that, I yield the floor. coming a difficult challenge for our the impacts of climate change, and no The PRESIDING OFFICER. The Sen- military leaders. Warmer temperatures country can meet this challenge alone. ator from Michigan. also lead to glacial melt, causing sea As a nation that has contributed more Mr. PETERS. Mr. President, as rank- level rise and ocean acidification, af- than a quarter of all global carbon pol- ing member on the Subcommittee on fecting our seafaring vessels and air- lution, it is our responsibility to lead, Space, Science and Competitiveness, I

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These particular piles were owned by seemingly independent organizations, Sound science has played a critical Koch Carbon, a company controlled by such as think tanks, to deliver mis- role in the United States’ becoming a the Koch brothers. leading messages that the public might leader in fields like space exploration, Usually pet coke is shipped off to rightfully dismiss if they had heard medical research, advanced manufac- other countries, where it is burned as them directly from industry. turing, and other high-tech industries. fuel, worsening terrible air quality They have calculated that it is better So when 97 percent of scientists in a problems in places like China and con- for business to mislead the American particular field agree on a serious prob- tributing to global climate change. In public, rather than acknowledge the lem, it is wise for our policymakers to this case, the banks of the Detroit scientific evidence and their role in cli- listen. River were being treated as a dumping mate change and join the effort to The scientific community is sounding ground to store these mountains of pet combat this growing threat to our the alarm about the urgent need to ad- coke. The wind would blow the pet planet. It is a page taken right out of dress the causes of global climate coke dust everywhere, including into Big Tobacco’s playbook. By creating change. Scientists here in the United the homes and lungs of those living in their own scientific studies and policy States and across the world over- the neighborhoods nearby. It was even papers from a network of surrogates, it whelmingly agree that the weight of documented blowing across the river gives the appearance that there is a le- evidence is clear: Global temperatures into Windsor, Ontario. gitimate debate over the fundamentals are rising, dramatic changes in weath- Not only was the air being contami- of climate change science. er and climate have accompanied this nated, the pet coke was fouling the One example is the Cato Institute. warming, and humans are largely re- Great Lakes, a source of drinking For years, the organization has re- sponsible due to our emissions of water for nearly 40 million people. ceived funding from fossil fuel inter- greenhouse gases into the atmosphere. When it rained, pollution would run off ests such as ExxonMobil and the Koch Military leaders, doctors, econo- from the piles into the Detroit River, family. At the same time, Cato spreads mists, and biologists are among the ex- which is part of the Great Lakes sys- climate skepticism. Over a span of 15 perts warning us about global climate tem. years, the Cato Institute published change and the fact that it is major I joined residents in Detroit to call 773,000 words and 768 documents ex- threat to national security, public for these pet coke piles to be moved, pressing climate skepticism. health, our economy, and our natural and only through a community-wide ef- The web of denial is intended to man- resources. fort were they eventually successful. I ufacture doubt among the American Unfortunately, powerful special in- have also introduced legislation to public in order to delay action, but the terests, led by some organizations and study the health and environmental spending efforts by the same corpora- companies in the fossil fuel industry, impacts of this pet coke but, unfortu- tions also specifically target elected of- are deliberately spreading false infor- nately, this same area of Detroit that ficials and other key decisionmakers to mation about climate change to influ- has had to deal with mountains of par- prevent meaningful action on global ence public opinion and to muddle the ticulate matter blowing into the air al- warming. truth. The strategy to confuse the pub- ready had the distinction of having lic about climate change science and some of the worst air quality in the The Koch brothers have poured vast delay policy action has many parallels Nation. sums of money into election ads, lob- to the strategy used by Big Tobacco to Research shows that exposure to air bying efforts, and campaign donations mislead the public about scientific evi- pollution at a young age can lead to often funneled through other organiza- dence linking smoking to lung cancer health problems like asthma, and air tions to hide the source of the funding. and heart disease. pollution can worsen asthma symp- As a result, I have heard many climate The corporations spreading toms. Detroit has the highest rated of myths repeated in the Halls of Con- disinformation on climate change are asthma in young children among the 18 gress that were carefully crafted by the the very same interests that have the largest cities in the United States. network of climate denial front groups. most to gain financially by stopping Over 12 percent of Detroit children Late last year, the Senate Sub- meaningful action to reduce green- have asthma; the national rate is committee on Space, Science, and house gases, protect our clean air, and around 8 percent. Competitiveness held a hearing that address global warming for future gen- Most air pollution comes from burn- was specifically designed to cast doubt erations. ing of fossil fuels, and parts of Detroit on the scientific evidence of climate The Koch brothers are a prime exam- are dealing with high pollutant levels change. The witness panel was stacked ple of this fact. Charles and David Koch as a result. I wrote a letter, along with by the majority with prominent cli- made their vast fortunes from owning Senator STABENOW, calling for a plan mate deniers. As the ranking member, companies that profit from a range of to reduce sulfur dioxide levels in the one witness I was able to invite was dirty industries. Much of their wealth Southwest Detroit and comply with RADM David Titley, who, as the U.S. is funneled into activist groups that Federal clean air standards. The Michi- Navy’s chief meteorologist, initiated produce questionable information and gan Department of Environmental and led the Navy’s task force on cli- the spin necessary to support their own Quality finally just submitted their mate change. At the hearing, Dr. interests. The web of denial they have plan to comply—over a year past the Titley outlined how climate change is created is a threat to sound science- initial deadline. a serious threat to national security. based decisionmaking. These examples in Detroit show how Admiral Titley explained that the mili- While some big polluters seek to con- protecting clean air and clean water tary makes decisions based on known fuse and cloud the judgment of deci- are often environmental justice issues. information and calculations of risk. sionmakers and the public, the Amer- Those that are most affected by pollu- Often they must act on less than per- ican people continue to suffer the con- tion are often from low-income and mi- fect intelligence, but they understand sequences of our dependence on fossil nority households. Addressing climate risks and will take action to prevent fuels. These consequences are not just change will also improve the air qual- threats when given the chance. The ad- limited to rising global temperatures. ity of these affected areas. miral applied this to the broad agree- The people of Michigan are paying for While these communities bear the ment among climate scientists, saying the costs of coal and oil pollution in brunt of fossil fuel pollution, the Koch that any military commander would many ways, but I would like to focus brothers and others pour hundreds of take action ‘‘in a heartbeat’’ if there on just a couple of them. millions and even billions of dollars was a consensus among 97 percent of A few years ago, three-story, high into activities to avoid regulation of the intelligence community about a piles of petroleum coke, or pet coke, their dirty industries. One of the tac- particular scenario. In fact, the mili- lined the banks of the Detroit River in tics that powerful corporate industries tary has already started taking action

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Unfortu- didn’t just enlist to do any job, though, CLIMATE CHANGE nately, Congress has not been as quick he enlisted to be a Navy SEAL. It en- Mr. BLUMENTHAL. Mr. President, I to act. Efforts to pass meaningful legis- tails some of the hardest training our come to the floor today to speak, along lation to address climate change have military has. Adam, of course, got his with a number of my colleagues, about been blocked. Existing administrative golden trident and went on to display groups that have spun a web of denial efforts to reduce admissions or invest the same kind of fearlessness and re- and to fight back against the regres- in clean energy have also been repeat- lentlessness but also the same joyful- sive, fallacious, and dangerous rhetoric edly attacked. ness that so many people in Hot of climate change deniers. They would We can and must pass legislative so- Springs and in Arkansas had known. disavow the overwhelming evidence of lutions to address global climate As anyone who has been in the mili- one of our most significant environ- change. Transitioning away from fossil tary knows, there are always some mental crises. It is not only a quality- fuels and investing in renewable energy guys in the unit who are downers, look- of-life challenge, it is a national secu- will create sustainable jobs and good- ing on the dark side of things, won- rity crisis in our world today. paying jobs here in the United States. dering what was going to go wrong As a member of the Armed Services Taking bold action on climate change next, and Adam was the antidote to Committee, I know from our military will strengthen our public health, econ- that. He always looked on the bright leaders how seriously they take this omy, and national security. side, always had a sunny outlook, and crisis, which is causing droughts as We must wake up and realize that always had a helpful word for a friend well as unrest, and the challenges it those attempting to mislead and con- or buddy. He was always ready to help creates when our military needs to ac- fuse must not be successful. I am con- the unit accomplish the mission. fident that we will overcome this web Adam went through multiple deploy- cess certain parts of the world. Those of denial and use peer-reviewed, sound ments as a Navy SEAL, and there was consequences are among the national scientific information to guide our de- never any quit in him. In 2003, he was security threats that climate change cisionmaking in order to create a resil- injured in a simulation round during a raises, and deniers do no great service ient future for our children and grand- training exercise with a miniature to our national defense. children. paint ball that the military uses. Connecticut knows firsthand the visi- I yield the floor. Somehow it got underneath his eye ble impacts of climate change because The PRESIDING OFFICER. The Sen- protection and hit him in the eye, and we see the mammoth storms that ator from Arkansas. as a result he lost his eye, but, as he al- threaten to become the new normal in HONORING OUR ARMED FORCES ways did, he looked on the bright side. our world, causing rising tides, de- CHIEF PETTY OFFICER ADAM BROWN He got a glass eye with an Arkansas stroying homes, literally changing the Mr. COTTON. Mr. President, the Sen- Razorback on it, and he would put on a nature of our shoreline and impacting ate will pass legislation renaming Post pirate patch and play pirate with his our quality of life. Office 620 Central Avenue in Hot two little kids, Nathan and Savannah. No one State can address climate Springs National Park after CPO Adam It didn’t stop him from continuing to change effectively, and that is why we Brown. deploy as a Navy SEAL. need the Nation to act together and I have visited that post office many He was later involved in a multicar why climate change denial is so dan- times as a child, as a Congressman, and accident while deployed. His hand was gerous to our national security, not as a Senator. I can’t say there is all crushed and three fingers were severed. only in military terms but also in the that much remarkable about it, but it The doctors were able to reattach it, very real terms of how we conduct our will be remarkable after this law is but it could no longer be used. Of lives in this country. We need a coordi- passed. course, he was eligible to leave the nated, comprehensive approach, and I didn’t know Adam Brown, but military because of his combat injury, yet some groups would have you be- Adam was about my age. Adam was a but he didn’t do that. He learned to lieve that no action is necessary—none great warrior and a hero. Three years shoot with the other hand and use his at all. They say that any measures are ago on Memorial Day in Hot Springs, a other eye when shooting. In fact, he a waste of time and resources. They gentleman came up to me after I spoke went on to become a member of SEAL say that any measures to stop food sup- and handed me a book titled ‘‘Fear- Team Six, the most elite element of plies from disappearing, forest fires less’’ by Eric William. It is a New York the Navy SEAL community. from spreading, and storms from rag- Times bestseller. It tells the story of He continued to deploy and fight but ing are simply unnecessary. They have Adam Brown. That title captures his also showed deep compassion. In Af- no evidence to support their claims, spirit. He was fearless, relentless, and ghanistan, he noticed that many of the but, indeed, they have to distort the also a joyful and Godly man. As a child poor, little Afghan children didn’t even evidence that exists even to make in Hot Springs, he was the one who al- have shoes on their feet on the darkest, those claims. ways lined up to hit the biggest kid in coldest days of winter, so he arranged Just last year, we discovered that football. He would jump off a bridge for a local pastor in his community to Exxon projects into its planning a into the local lake and jump out of send shoes that he could give to them. model that it described for itself as trucks. Adam was an all-American boy. On March 17, 2010, Adam was on a ‘‘too murky to warrant action.’’ They During his teenaged years, Adam suc- mission high up in the mountains in planned for themselves but not for the cumbed to addiction. He began to Afghanistan. His unit came under in- people, including their own customers. drink, started to use marijuana, be- tense enemy fire. Adam helped to save They would be ready for climate came addicted to cocaine, and that led the lives of his fellow SEALS, taking change but would make sure that no to many crimes. At one point, he had multiple rounds himself, and he ulti- one else could be by adopting a model 16 outstanding felonies. mately perished as a result of his and making it their business model—or Larry and his mother Janice didn’t wounds. Adam received a hero’s wel- part of it—that implicitly, internally, know what to do, so they told the sher- come in Hot Springs, where he rests they felt they could not reveal pub- iff where he was, and he was arrested. today. licly. Adam went to Teen Challenge, a Chris- Adam’s story is about faith, redemp- Some groups have adopted more cov- tian ministry dedicated to helping tion, service, and love. When little boys ert efforts to sabotage science. The youth overcome addiction. Through his and little girls drive by that post office American Legislative Exchange Coun- faith in God, love of his parents, and in Hot Springs in the future, I hope cil, better known by its acronym

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It is the highest award RECORD. very innocuous bill—actually seeks to the university can bestow upon an There being no objection, the mate- serve as a stamp of approval on teach- alumnus. rial was ordered to be printed in the ing climate change denial in science Judge Emberton recalls that his RECORD, as follows: classrooms. great aunt began the family tradition [From the Herald News, June 29, 2016] These tactics exist because when of attending WKU, and his mother at- JUDGE EMBERTON HONORED BY WKU groups like ALEC or Americans for tended also. Tom met his wife at WKU, (By Shirley Mayrand) Prosperity stand ready to deny the and their two children and all but one Every couple of years we’re reminded of truth, some part of our people will be- of their grandchildren attended as well. why we’re so proud of Judge Tom Emberton. lieve it. Tom was an active member of the In 2014 he received the Jim C. Coleman Com- One leader of the Americans for Pros- WKU community during his time on munity Service Award, and in October he campus. He was named business man- will join WKU’s Hall of Distinguished Alum- perity group, when asked about the ni during WKU’s 2016 Homecomings Celebra- science of climate change, responded: ager of the College Heights Herald, elected president of his sophomore and tion at the Sloan Convention Center. It ‘‘I don’t even want to argue the point. brings back some fond memories. To me, it’s not that important.’’ junior classes, and president of his fra- ‘‘Western has always been a part of my This web of denial has consequences. ternity. He temporarily interrupted his life,’’ Tom said, ‘‘even from a small first It delays and distorts common aware- studies to serve in the U.S. Air Force, grader. My mother went to Western.’’ His ness and consciousness about the truth where he was part of the Strategic Air mom finished a year of college and then got a teaching job at a Monroe County school and the need to act. Command under Gen. Curtis LeMay. After graduation in 1958, Tom began where they lived at the time. Tom recalls One of my colleagues compared this a long history of public service to the how she told him as a first grader he could web of denial to actions of tobacco people of Kentucky. In 1965, he was continue to have fun when he got to West- companies decades ago denying that ern. elected county attorney. In 1967, he smoking and tobacco could cause can- The family moved to Metcalfe County worked on the winning campaign for cer or heart disease or any of the other right after World War II ended and Tom Louie Nunn for Governor, the first Re- serious illnesses that tobacco use graduated from Edmonton High School. He publican Governor to be elected in the attended one semester at Western before causes, in addition to the lifetime ad- Bluegrass State in 20 years. After the going into the U.S. Air Force where he was diction to nicotine that inevitably was campaign, Governor Nunn asked Tom part of the Strategic Air Command under a consequence to so many people who to serve as his chief administrative General Curtis LeMay. ‘‘His mission,’’ Tom believed those tobacco companies. explained, ‘‘was that if Russia could get an aide. atomic bomb off in this country, that we That web of denial was similar to this Tom then became the Republican one. The tobacco companies knew the could respond to that in 15 minutes.’’ nominee for Governor himself in 1971. I In 1955, Tom returned home to resume his truth. They denied it. These deniers remember the campaign well, as I education at Western. He credits his great also know the truth. Our purpose in worked on it for Tom. I had left my po- aunt with starting the family tradition of at- being here today is to make sure the sition as a legislative aide here in the tending WKU. She enrolled in 1909, just three American people know it as well. U.S. Senate for Kentucky Senator years after it opened. (H.H. Cherry purchased Groups like ALEC and Americans for Marlow Cook to go back to Kentucky full ownership of the school in 1899 and the Southern Normal School part of the institu- Prosperity may receive support from to work for Tom’s campaign because I the economic interests that have a tion became Western Kentucky State Nor- believed in him and in what he could do mal School in 1906.) stake in hiding the truth, but ulti- for the Commonwealth. Unfortunately, Tom met his wife, Julia there, their two mately the American people need to Tom did not win that race, but he cer- children attended and all but one of their know it, they need to act on it, and tainly emerged from it as a man who grandchildren. they need to appreciate the motives had earned admiration and respect Tom believes that his active role at WKU and interests of the web of denial that around the State. We all knew great was what earned him the honor of being se- lected for the Hall of Distinguished Alumni. is spun so artfully and relentlessly by things were in store for Tom. these groups and the special interests As a student he was named business manager Tom continued to practice law in of the College Heights Herald, elected presi- that underlie them and support them. Barren and Metcalfe counties. Then in dent of his sophomore and junior classes and I wish to thank my colleagues who the late 1980s, he was appointed by president of his fraternity. have come to the floor today, particu- then-Governor Wallace Wilkinson to Continuing on to the University of Louis- larly Senator WHITEHOUSE, who has the Kentucky Court of Appeals. He was ville to pursue a law degree, he continued been so instrumental in organizing this reelected to that panel repeatedly and student leadership activities. He was the group. had a long and distinguished career, president of the Delta Theta Phi fraternity I yield the floor. capped off by being elected chief judge and president of the Student Bar Associa- The PRESIDING OFFICER. The Sen- tion. ‘‘It’s those things that the alumni asso- by his fellow judges after several years ciation looked at to see what you’d done, ator Arkansas. of service. He held that chief judge slot rather than just walk into class.’’ Tom got f until his retirement from the bench in his law degree in 1962 and was elected as 2004. county attorney in 1965. MORNING BUSINESS To this day, Tom is still active in his In 1967, Tom was tapped by Louis Nunn to Mr. COTTON. Mr. President, I ask community with many volunteer and assist in his campaign for governor. When unanimous consent that the Senate be philanthropic activities. He is also an Nunn won the election he asked Tom to in a period of morning business, with avid reader, and I know one of his fa- move to Frankfort and be his chief adminis- Senators permitted to speak therein vorite places to relax is in his office trative aide. At that time a governor could only serve one four-year term. Tom’s own for up to 10 minutes each. surrounded by books. bid for the governorship ended after winning The PRESIDING OFFICER. Without Western Kentucky University has the Republican primary, and he returned to objection, it is so ordered. certainly made the right choice in se- the farm at Cave Ridge to practice law in f lecting Judge Tom Emberton as a dis- Barren and Metcalfe counties, where he tinguished alumni. My friend Tom is brought Jim C. Coleman in as a law partner. TRIBUTE TO JUDGE TOM highly deserving of this honor, and I Around 1976, Tom opened the Southern EMBERTON am sure his family is very proud of him Mineral coal mine in Hyden (Lesley County), KY. Coal was very lucrative at the time, but Mr. MCCONNELL. Mr. President, I and all he has accomplished. I know wish to pay tribute to a good friend within a few years the bottom dropped out my U.S. Senate colleagues join me in and he returned to law once again. and mentor of mine who is receiving a congratulating Judge Emberton for Over his long, successful career, his great- great honor from his alma mater of this recognition and wishing him the est satisfaction came while serving as a Ken- Western Kentucky University. Judge very best in his future life endeavors. tucky Court of Appeals Judge. He was first

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