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

Vol. 162 WASHINGTON, WEDNESDAY, JULY 6, 2016 No. 108 Senate The Senate met at 10 a.m. and was The PRESIDING OFFICER. The keep Americans safer in their commu- called to order by the President pro clerk will read the bill by title for the nities, to help strengthen our military, tempore (Mr. HATCH). second time. and to help prevent families from un- f The senior assistant legislative clerk necessarily paying more for the food read as follows: they purchase. PRAYER A bill (S. 3110) to provide for reforms of the Let me remind colleagues of the four The Chaplain, Dr. Barry C. Black, of- administration of the outer Continental bills on which I filed cloture just before fered the following prayer: Shelf of the United States, to provide for the the Fourth of July State work period: Let us pray. development of geothermal, solar, and wind the Stop Dangerous Sanctuary Cities Father, we come to You, the source energy on public land, and for other pur- Act, Kate’s Law, the biotechnology la- poses. of our hope and strength. We have re- beling compromise, and the Defense ap- cently celebrated America’s independ- Mr. MCCONNELL. Mr. President, in propriations bill. I will have more to ence, but each new day seems to bring order to place the bill on the calendar say about each of those measures in reminders of how our Nation and world under the provisions of rule XIV, I ob- just a moment. are buffeted by winds of instability and ject to further proceedings. First, we will consider Senator The PRESIDING OFFICER. Objec- danger. We continue to be reminded TOOMEY’s Stop Dangerous Sanctuary tion is heard. that freedom is not free. Cities Act and, then, Kate’s Law from As our lawmakers seek to pay the The bill will be placed on the cal- endar. Senator CRUZ. Senator TOOMEY’s Stop price for freedom in unstable times, Dangerous Sanctuary Cities Act aims may they not forget that You are not f to deter extreme and unfair so-called intimidated by any of the divisive and LEGISLATION BEFORE THE sanctuary city policies in the first evil forces we face. May our Senators SENATE place. Senator CRUZ’s Kate’s Law will remember that their best blessings Mr. MCCONNELL. Mr. President, last help protect the public even when cit- come from You, the One who has been week’s passage of responsible, bipar- ies insist on maintaining these dan- our help in ages past and remains our tisan legislation on Puerto Rico shows gerous policies. hope for years to come. Give them the what is possible when we keep our Senator TOOMEY’s bill would support wisdom to find creative solutions to focus on serious solutions. That is jurisdictions that cooperate with Fed- the many problems we face, trusting where we should keep our focus again eral law enforcement officials and redi- You to direct their steps. during the coming work period. rects funds to them from those places We pray in Your great Name. Amen. We knew that doing nothing was not that refuse to do so. It would also sup- f an option on Puerto Rico. So Senators port law enforcement officers who put PLEDGE OF ALLEGIANCE of both parties worked to pass respon- their lives on the line every single day, protecting them from having to live in The President pro tempore led the sible legislation to help the Puerto constant fear of being sued for simply Pledge of Allegiance, as follows: Rican people and prevent a taxpayer bailout. doing their job. I pledge allegiance to the Flag of the We also knew that doing nothing was It is no wonder that this bill has such United States of America, and to the Repub- broad support from the law enforce- lic for which it stands, one nation under God, not an option on Zika, yet Democrats indivisible, with liberty and justice for all. blocked over a billion dollars in new ment community, including the Fed- eral Law Enforcement Officers Associa- f funding for women’s health and preg- nant mothers, as well as record funding tion, the National Sheriffs’ Associa- RECOGNITION OF THE MAJORITY levels for veterans. As I have said be- tion, and the National Association of LEADER fore, the Senate will revisit this impor- Police Organizations. Senator The PRESIDING OFFICER (Mr. COT- tant issue over the current work pe- TOOMEY’s bill, in conjunction with Sen- TON). The majority leader is recog- riod. ator CRUZ’s bill, aims to prevent more nized. We will give Democrats another op- families from experiencing the heart- f portunity to end their filibuster of ache that Kate Steinle’s family has funding that is critical to controlling been forced to endure. MEASURE PLACED ON THE Zika and supporting our veterans. We It has been a year since Kate was CALENDAR—S. 3110 will also address other important tragically murdered in San Francisco Mr. MCCONNELL. Mr. President, I issues. by a convicted felon who had been de- understand there is a bill at the desk Senators will have the opportunity ported five times. What makes this due for a second reading. to support proposals designed to help tragedy even more heartbreaking is

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

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VerDate Sep 11 2014 23:39 Jul 06, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.000 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4778 CONGRESSIONAL RECORD — SENATE July 6, 2016 that it could have been prevented, but I also filed cloture to begin debate on air. He was told this by the Centers for San Francisco had an extreme so- the fiscal year 2017 Defense appropria- Disease Control, the National Insti- called sanctuary city policy of not tions bill, which funds the training, tutes of Health, and other public complying with Federal immigration equipping, and readiness of our Armed health officials. laws—apparently, even when it came to Forces. This bill provides the men and Republicans have simply ignored this detaining dangerous criminals residing women who protect us with the re- emergency. It is an emergency. So why in our country illegally. sources they need to execute their mis- is the party of Trump and MCCONNELL In this case, the city’s irresponsible sions, and it provides our military with treating Zika differently than they policy helped lead to a young woman the tools it needs to prepare and mod- treated every other modern public senselessly losing her life at the hands ernize the force, which is critical at a health emergency? of a felon who should have never been time of numerous threats to our Na- Well, maybe it could be that it is on the streets to begin with. Senator tion. uniquely devastating on women. I CRUZ’s bill is about getting dangerous Senators from both sides have al- would hate to think this is the case, criminals off our streets and keeping ready passed a bill to authorize funds but you can’t ignore the facts when our communities safer. It will prevent for national defense priorities. Now it women face the greatest risk—terrible individuals who have been convicted of is time for Senators for both sides to risks. Everyone now knows these mos- coming here illegally and who have pass this bill that will actually appro- quitoes are ravaging thousands and been convicted of committing serious priate those funds. thousands of people, and tens of thou- criminal offenses from harming more f sands of women have this virus. We innocent victims such as Kate Steinle. don’t yet know how many will give We are a nation of immigrants. We RECOGNITION OF THE MINORITY birth to these deformed babies. all appreciate the many contributions LEADER Suddenly, Republican men suddenly that immigrants have made to our The PRESIDING OFFICER. The feel they know best about women’s country over the years. Americans Democratic leader is recognized. health. This isn’t new. They have al- from both parties know it would be in- f ways done that. You see on TV that the credibly dishonest to pretend this bill people who are the most pro-life are ZIKA VIRUS FUNDING is aimed at law-abiding citizens who men, not women. enrich our country, rather than those Mr. REID. Mr. President, I am sure Every day new reports emerge of at whom it is really aimed—those who the American public recognizes that we Americans being affected with Zika. come to this country illegally and have are returning from another vacation—a Right now we know at least of about criminal convictions. Americans from break, as they are called—without a se- 550 women who have this infection. It both parties also understand that ex- rious proposal to address Zika. has been proven in labs. As I have indi- treme sanctuary city policies can in- Zika is a threat. It is a scourge. In cated, millions more are threatened, flict incredible pain on innocent vic- less than 10 days, the Senate will ad- and women in States with large Latina tims and their families. journ for its longest break in many populations are at the greatest risk. President Obama’s own Secretary of decades. Sadly, though, Republicans Zika has been linked to many health the Department of Homeland Security are no closer to getting serious about problems but notably a terrible birth has called sanctuary city policies not Zika. The Senate will vote again on defect called microcephaly, which hap- acceptable and counterproductive to their cynical conference report, which I pens when an expectant mother con- public safety. We took up similar will describe in some detail in a tracts Zika. Already, seven babies in measures last year, and it was unfortu- minute. It is full of partisan provisions the United States have been born with nate to see them blocked. Let’s work designed to inject politics into a public birth defects caused by Zika. Most of together now to make the right choice health emergency. them haven’t survived. and advance these measures to prevent This bad legislation will never pass We have all seen the images of these more tragedies like Kate’s and support and will never get a Presidential signa- babies with their small skulls, most of local law enforcement officials who put ture. We should be working for a bipar- them caved in. It is heartbreaking, but their lives on the line for us every day. tisan solution, but my friend the Re- we should do something to stop it. After the Senate considers these publican leader said we are going to Still, the Republican leader is wast- bills, we will move to a bipartisan com- vote on this again. Vote on this again— ing time with failed votes on really promise recently announced by the top that is too bad. unserious legislation. This sort of reck- Republican and the top Democrat on It is not a surprise that the party of less partisanship—no matter the cost the Agriculture Committee. This bill Donald Trump and MITCH MCCONNELL to women and families—is exactly the would protect middle-class families refuses to responsibly address the sort of behavior that led to the rise of from unnecessary and unfair higher threat posed by Zika. It is a virus like Donald Trump, the sort of legislation food prices that could result from a we have never seen before. Mosquitoes you would expect from Trump and patchwork of State food labeling laws, have caused problems for many, many MCCONNELL’s new Republican Party. and it would ensure access to more in- generations but never, ever, birth de- To get the votes of the loudest, most formation about the food they pur- fects. bizarre members of the tea party, Re- chase, as well. Democrats have spent more than 4 publicans are pushing one of the most While the bill before us may not be months sounding the alarm on Zika irresponsible pieces of legislation we perfect, it is the product of diligent and have called on Republicans to join have ever seen in Congress, ever. Not work from both sides, which, in fact, us to fund a responsible response to surprisingly, Republicans returned to worked very hard to reach an agree- this threat. It was looming, and now it their obsession with defunding Planned ment. It is a commonsense measure is here. But Republicans have refused Parenthood. This isn’t new. This is the based on science, which has not shown to make Zika a priority. old playbook: Let’s defund Planned health, safety, or nutritional risks as- It hasn’t always been this way. In the Parenthood; let’s go out and get some sociated with bioengineered products. not-too-distant past, Republicans phony pictures of what they are Senator ROBERTS, the chairman of worked with us on crises and disasters. doing—which have all been proven to the Agriculture Committee, said this The last three public health emer- be false. But let’s do something to go bipartisan bill recognizes the 30-plus gencies—Ebola, H1N1 flu, avian flu— after Planned Parenthood—led by, of years of proven safety of biotechnology had much higher pricetags, yet re- course, men, with rare exception. while ensuring consumer access to sponses to each passed Congress in a The Republican bill would restrict more information about their food. The very short period of time. funding for Planned Parenthood and ranking member of the Agriculture It has been 130 days since President other family planning clinics. These Committee, a Democrat, calls it ‘‘a win Obama requested $1.9 billion for public are the very places that provide birth for consumers and families.’’ With co- health officials to protect the Amer- control to women in Zika-affected operation from across the aisle, we will ican people against Zika. This isn’t areas. Planned Parenthood has pro- pass it. some figure he came up with out of the vided many women a place to go to get

VerDate Sep 11 2014 23:39 Jul 06, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.002 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4779 their health care. This is beyond hy- police their own communities and to STOP DANGEROUS SANCTUARY pocrisy. Republicans are expecting ensure public safety. It would deny CITIES ACT—MOTION TO PROCEED women to magically stop the spread of millions of dollars of critical commu- The PRESIDING OFFICER. Under Zika and prevent their babies from de- nity and economic development fund- the previous order, the Senate will re- veloping birth defects, all while deny- ing to cities and States that refuse to sume consideration of the motion to ing them access to family planning target immigrant families. Senator proceed to S. 3100, which the clerk will services. TOOMEY’s legislation would simply cre- report. But Republicans don’t stop there. ate more problems. It wouldn’t solve The senior assistant legislative clerk Their bill would also hurt veterans by anything. Not surprisingly, it is op- read as follows: slashing the Senate’s level of funding posed by mayors, domestic violence Motion to proceed to Calendar No. 531, S. to the VA by $500 billion. What was groups, Latino and civil rights groups, 3100, a bill to ensure that State and local law that money to be used for? Processing and labor organizations. enforcement may cooperate with Federal of- claims of veterans. They wiped that Senator CRUZ’s bill is no better. It ficials to protect our communities from vio- out. It would roll back environmental would enact unnecessary mandatory lent criminals and suspected terrorists who protections, and the clincher, as we all minimum sentences and would cost bil- are illegally present in the United States. know, is they would allow the Confed- lions and billions of new dollars, in- The PRESIDING OFFICER. The as- erate flag to fly over cemeteries. These creasing the prison population and si- sistant Democratic leader. provisions are as unacceptable as they phoning funding from State and local LEGISLATION BEFORE THE SENATE are partisan. That is why Senate law enforcement. Worst of all, this sort Mr. DURBIN. Mr. President, I see my Democrats rejected the outrageous Re- of partisan, piecemeal approach under- colleagues from Kansas and Michigan publican bill and will do so again. mines bipartisan efforts to enact badly on the floor, and I know they are here The Zika threat is growing, but that needed reforms in our criminal justice to speak on the GMO issue. I will make hasn’t changed the Republicans’ vaca- system. a brief statement and cut short what I tion plans. They need time to unify One desk over from me is DICK DUR- planned on saying so they can take the around Donald Trump in Cleveland but BIN, the assistant Democratic leader. floor on this important and pending no time for American women. For to- He has worked for years on doing some- issue. day’s Trump and McConnell Repub- thing about the criminal justice sys- The Senate Republican leader came licans, a public health crisis that is dis- tem. He has been joined by a bipartisan to the floor this morning and congratu- proportionately dangerous to women group of people to get something done, lated the Senate on the fact we passed, isn’t worth serious, bipartisan action. but, again, the Republican leader is too on a bipartisan basis, the Puerto Rico Add to that fact that Zika is affecting interested in doing things that mean legislation necessary to deal with the women by the tens of thousands in nothing than doing something that financial disaster they face. We did Central and South America and the means something. that last week, truly in a bipartisan picture becomes even clearer: The anti- By pursuing legislation targeting so- way. The Republican leader said this immigrant party of Trump and McCon- called sanctuary cities, Republicans morning we need to keep our focus on nell would rather be on vacation than are legislating Donald Trump’s vision serious issues, but then he comes to us lift a finger to help. that immigrants and Latinos are with four bills that he requests we take The National Institutes of Health criminals and threats to the public. Re- up during the abbreviated session we and the Centers for Disease Control are publicans want red meat going into the have this week and next week, and warning that vaccine research and convention and desperately want to among those four bills are two he ac- other efforts to protect Americans pivot from the epidemic of gun vio- knowledges are clearly only introduced from Zika is likely to stop without im- lence plaguing our nation and the epi- for the political impact, for the mes- mediate action from Congress. demic of Zika, but Americans deserve a sage, they might deliver. A poll released last week by the Kai- real solution to our broken immigra- One bill that is being promoted by ser Foundation found 72 percent of tion system, not political games and the junior Senator from Pennsylvania Americans want the government to dog-whistle politics. is a bill relating to sanctuary cities. spend more to fight Zika—not less, If Senator MCCONNELL wants to bring This measure was largely considered more. We need to act, and we need to this legislation forward, we are going and voted on only 8 months ago and de- act now. to take a serious look at it. Maybe get- feated in the Senate. Why are we bring- It is obvious that picking a fight over ting on the bill might be the right ing it back today? Well, there has been women’s health is more important to thing to do. If we get on that, and the some candor on the Republican side. Republicans than a bipartisan response Republican leader said he wants a ro- The Senator who is offering this meas- to stop the spread of this dreaded virus. bust amendment process, well, we will ure is up for reelection. He believes Democrats have called on Republicans be happy to give him one. We will have this is an important ‘‘message amend- to work with us to get something done. a number of amendments on guns, we ment’’ that he needs to take back to A 7-week vacation should be delayed. will have a number of amendments on his home State of Pennsylvania, and he There is no excuse for inaction and par- Zika, and we will do something about wants to make sure the Senate takes tisanship. We cannot afford to waste comprehensive immigration reform. So up this measure before the Republican another day, a week, another month— we are going to take a look at that. We convention, which starts up in a couple we have already wasted 4 months—for may just get on that bill and find out weeks. This is a political tactic that is Republicans to help stop the spread of if we are going to have this robust sadly going to eat up the time of the this emergency. Let us get to work and amendment process, but let’s address Senate with the same ultimate result. do it now. comprehensive immigration reform, Senator TOOMEY’s sanctuary bill will f guns, Zika, and other issues. We are not pass, but it gives him something to talk about when he goes home and per- IMMIGRATION LEGISLATION happy to do that. This may be an op- portunity for us to move forward on haps something to give a speech about Mr. REID. Finally, on another sub- those issues. at the Republican convention. Going back to the Senate Republican ject, Mr. President, Senate Republicans Will the Chair announce what the leader’s suggestion that we ought to be today will promote Donald Trump’s Senate is going to do the rest of the focusing in a bipartisan way on serious anti-immigrant rhetoric with action. day. This afternoon, the Senate will vote to issues, the first suggestion out of the consider a pair of bills proposed by the box on a message amendment is clearly f junior Senators from Pennsylvania and being done for political purposes only. Texas. These bills follow Trump’s lead The second measure is one that is in demonizing and criminalizing immi- RESERVATION OF LEADER TIME brought to the floor at the request of grant Latino families. The PRESIDING OFFICER. Under Senator TED CRUZ, the junior Senator Senator TOOMEY’s bill will undermine the previous order, the leadership time from Texas. This will bring us back to the ability of local law enforcement to is reserved. some debate over immigration, again,

VerDate Sep 11 2014 23:39 Jul 06, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.004 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4780 CONGRESSIONAL RECORD — SENATE July 6, 2016 on what is known as Kate’s Law and We still have questions on funding on where all three agencies in charge of the suggestion by Senator CRUZ that Zika, questions about funding on reviewing biotechnology testified be- we create a new mandatory minimum opioid abuse. These are serious meas- fore our members. Over and over again, criminal sentence. ures that should be taken up rather the EPA, the FDA, and the USDA told On its face, this measure is unaccept- than these so-called message amend- us that these products are safe—that able and unaffordable. It would crim- ments being offered by the other side. they are safe for the environment, safe inalize, with mandatory minimum sen- I yield the floor. for other plants, and certainly safe for tencing, conduct that would affect The PRESIDING OFFICER. The Sen- our food supply. Since that hearing, thousands of people who have crossed ator from Kansas. the U.S. Government reinforced their over the border into the United States Mr. ROBERTS. Mr. President, I un- decisions on the safety of these prod- undocumented. Of course, the Senator derstand I have 10 minutes reserved, ucts. from Texas wants this message amend- and I ask unanimous consent for 1 ad- Last November, the FDA took sev- ment during this abbreviated short ses- ditional minute, if I do not finish. I am eral steps, based on sound science, re- sion before the Republican convention, to be followed by my distinguished garding food that is produced from which I assume he will be speaking to, ranking member, Senator STABENOW. biotech plants, including issuing final in order to make his political point. The PRESIDING OFFICER. Without guidance for manufacturers who wish So here we are with the Republican objection, it is so ordered. to voluntarily label their products as leader first congratulating us on being AGRICULTURE BIOTECHNOLOGY containing ingredients from biotech or bipartisan on serious issues and then Mr. ROBERTS. Mr. President, I come exclusively nonbiotech plants. More turning around and two of the four to the floor to talk about a topic and a importantly, the Food and Drug Ad- things he suggests we do these 2 weeks bipartisan bill that will affect what ministration denied a petition that have no chance to pass. One at least consumers pay for their food, the grave would have required the mandatory on- has been voted on within the last 8 threats of worldwide malnutrition and package labeling of biotech foods. The months on the floor of the Senate, and hunger, and the future of every farmer, FDA maintained that evidence was not they have acknowledged they are only every grower, and the future of every provided for the agency to put such a offering these amendments to give the rancher in America. That topic is agri- requirement in place because there is no health safety or nutritional dif- Senators who are making the requests culture biotechnology. ference between biotech crops and their a chance to make some political hay in We have all heard about our growing global population, currently at 7 bil- nonbiotech varieties. the weeks and days before the Repub- A recent report from the National lion and estimated to reach over 9.6 bil- lican convention in Cleveland. Academy of Sciences ‘‘found no sub- Why? Because the ‘‘presumptive,’’ as lion in the next few decades. Tonight, 1 stantiated evidence of a difference in they call him, Republican nominee for in 9 people—that is roughly 800 million risks to human health between current President wants to focus on immigra- people—worldwide will go to bed hun- commercially available genetically en- tion. As a consequence, those who are gry. Around the world, impoverished gineered crops and conventionally bred lining up behind him, like the junior regions are facing increased challenges crops.’’ Senator from Pennsylvania, want to in feeding their people. Show me a na- Just last week, 110 Nobel laureates have some arguing points to make to tion that cannot feed itself, and I will sent an open letter to the leaders of support Donald Trump’s candidacy and show you a nation in chaos. Goodness Greenpeace, the United Nations, and his position on immigration. knows, we have had enough of that. all governments around the world in It is a sad reality that 3 years ago, on We have seen too many examples in support of agriculture biotechnology, the floor of the Senate, we actually did recent years where shortfalls in grain and particularly in support of golden something constructive on the issue of and other food items or increases in rice. Golden rice has the potential—has immigration. With the votes of 14 Re- prices at the consumer level have had the potential and has the poten- publicans joining the Democrats, we helped to trigger outbreaks of civil un- tial—to reduce or eliminate much of passed bipartisan, comprehensive im- rest and protests in places such as the the death and disease caused by a vita- migration reform. Sadly, that measure Middle East and Africa. In light of min A deficiency, particularly among died in the House when they wouldn’t these global security threats, today’s the poorest people in Africa and South- even consider that bill or any bill on farmers are being asked to produce east Asia. These world-renowned sci- the issue. We had a constructive alter- more safe and affordable food to meet entists noted that ‘‘scientific and regu- native, and it passed here in a bipar- the demands at home and around the latory agencies around the world have tisan fashion on a serious issue. Yet, globe. At the same time, farmers are repeatedly and consistently found since then, the Republicans have facing increased challenges to their crops and foods improved through bio- stonewalled and stopped every effort to production, including limited land and technology to be as safe as, if not safer, constructively deal with immigration. water resources, uncertain weather, to than those derived from any other The two measures before us, by Sen- be sure, and pest and disease issues. method of production.’’ ators from Pennsylvania and Texas, However, over the past 20 years, agri- Furthermore, the laureates said: should be taken for what they are. culture biotechnology has become an There has never been a single confirmed They are political posturing before the invaluable tool in ensuring the success case of a negative health outcome for hu- Republican National Convention. They of the American farmer in meeting the mans or animals from their consumption. are efforts so these two Senators will Their environmental impacts have been challenge of increasing yield in a more shown repeatedly to be less damaging to the have something to talk about or brag efficient, safe, and responsible manner. environment, and a boon to global biodiver- about at the Cleveland convention, but For years now, the United States has sity. they do not take us to the serious proven that American agriculture There has been a lot of discussion issues we still face; issues such as the plays a pivotal role in addressing food about agriculture biotechnology lately, GMO compromise, an important issue shortfalls around the world. We must and that is a good thing. We should be because of measures taken by some continue to consider new and innova- talking about our food. We should be States; issues such as funding for Zika, tive ways to get ahead of the growing talking about our farmers and pro- a measure which passed the Senate 89 population and production challenges. ducers, and we should be talking to to 1 in a strong bipartisan vote and In addressing these issues, we must consumers. It is important to have an then went over to the House and lan- continue to be guided by the best avail- honest discussion and an open ex- guished in a conference committee and able science, research, and innovation. change of dialogue. After all, that is finally was reported out with no Demo- If my colleagues have heard any of what we do in the Senate—discuss dif- cratic signatories to the conference re- my previous remarks on this topic, ficult issues, craft solutions, and fi- port. That measure has been defeated they have heard me say time and again nally vote in the best interests of our once, and the Senate Republican leader that biotechnology products are safe. constituents. said we will just go call the same meas- My colleagues don’t have to take my The difficult issue for us to address is ure again, with obviously the same word for it. The Agriculture Com- what to do about the patchwork of bio- outcome. mittee held a hearing late last year technology labeling laws that soon will

VerDate Sep 11 2014 23:39 Jul 06, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.005 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4781 wreak havoc on the flow of interstate disclosure that educates rather than goals. For the first time ever, we will commerce of agriculture and food prod- denigrates their technology. ensure we have a mandatory national ucts in every supermarket and every Passing this bill benefits manufac- labeling system for GMOs. grocery store up and down every Main turers by providing a single national Unfortunately, in many ways this de- Street. That is what this discussion standard by which to be held account- bate has served as a proxy fight about should be about. It is not about safety able, rather than an unworkable sys- whether biotechnology has a role in or health or nutrition; it is all about tem of many more State standards. our food system and in agriculture as a marketing. If we don’t act today, what Finally, passing this bill benefits whole. I think that is really fundamen- we will face is a handful of States that consumers by greatly increasing the tally what the debate is about under have chosen to enact labeling require- amount of food information at their this whole issue. ments on information that has nothing fingertips but does so in a way that When we wrote the farm bill back in to do with health, safety, or nutrition. provides cost-effective options to avoid 2013, I made it a top priority to support Unfortunately, the impact of those devastating increases in the price of all parts of agriculture. It was very im- State decisions will be felt across the food. portant to me to say that consumers country and around the globe. Those Passing this bill is the responsible need choices and that we need to sup- decisions impact the farmers who thing to do. It is time for us to act. I port every part of agriculture, and that would be pressured to grow less effi- urge my colleagues to join us in doing is what we did in a very robust way. We cient crops so manufacturers could just that. made important investments and re- avoid these demonizing labels. Those I yield the floor. forms that helped our traditional grow- labeling laws will impact distributors The PRESIDING OFFICER. The Sen- ers—conventional growers—and we who have to spend more money to sort ator from Michigan. made significant investments in different labels for different States. Ms. STABENOW. Mr. President, first organics, in local food systems, small Those labeling laws will ultimately im- I wish to thank the chairman of the farms, and farmers’ markets in a way pact consumers, who will suffer from Agriculture, Nutrition, and Forestry we have not done before as a country. much higher priced food. When on- Committee. We had some tough nego- We did this because we recognized that package labels force manufacturers to tiations on this issue, and I think we it takes all forms of agriculture to en- reformulate food products, our farmers have come to a place that makes sense sure we continue leading the world will have limited biotechnology op- for farmers and the food industry, as with the safest, most affordable food tions available. This will result in less well as consumers. So I wish to thank supply. That is why, when I hear friends who food available to the many mouths in Senator ROBERTS. We worked together oppose this bill denying the over- our troubled and hungry world. on a bipartisan basis on issue after whelming body of science that says It is not manufacturers who pay the issue after issue coming before the biotechnology poses no human health ultimate price; it is the consumer—at committee, and I am sure we will con- home and around the globe—who will or safety risks while believing the very tinue to do that. I don’t think we have same National Academy of Sciences bear this burden, unless we act today. an economy unless somebody makes I am proud of the critical role the De- that tells us that climate change is something and grows something. That real, I have to shake my head. I believe partment of Agriculture has played and is how we have an economy. And we will continue to play in combating in science; that is why I know climate worked very hard to come to a spot change is real. I believe in science; that global hunger. Farmers and ranchers in where we can actually get things done Kansas, Michigan, and all across this is why the same people—the National because that is what people expect us Academy of Sciences and over 100 country have been and are committed to do. It is great to talk, but people to continue to doing their part. And Nobel laureates last week—and when want us to actually solve problems and the FDA tells us that biotechnology is those of us who represent them in the get things done. U.S. Senate should do our part to stand safe for human consumption and that So today I rise to discuss an impor- there is no material difference between up in defense of sound science and in- tant bipartisan agreement—a hard- novation. We should stand up to ensure GMO and non-GMO ingredients, I be- fought, tough negotiated agreement lieve science. that our farmers and ranchers have ac- that the Senate will soon vote on re- cess to agriculture biotechnology and In fact, as was indicated earlier, over garding the issue of GMO labeling. This 100 Nobel laureates signed a letter to other tools to address these global bill is frankly very different from what challenges. Greenpeace last week asking them to passed the House of Representatives The proposal put forth by my distin- end their opposition to GMOs over a about a year ago, I think now, and guished ranking member Senator STA- strain of rice that will reduce vitamin from what we voted on in March. I BENOW and me provides that defense of A deficiencies that cause blindness and our food system and our farmers and thank Senator ROBERTS and his staff death in children in the developing ranchers, while at the same time pro- for working in a bipartisan way to get world. I stand with the scientific evi- viding a reasonable solution to con- us to the spot where we are now. dence from leading health organiza- sumer demand for more information. As everyone knows, I have opposed tions like the American Medical Asso- That is what the bill does. voluntary labeling at every turn. I ciation, the National Academy of Our amendment strikes a careful bal- don’t think it is right to preempt Sciences, the FDA, and the World ance. It certainly is not perfect from States from having labeling laws and Health Organization, which all say my perspective. It is not the best pos- replace it with something that is vol- that GMOs are safe for consumption. I sible bill, but it is the best bill possible untary. There needs to be a mandatory find it ironic that those who challenge under these difficult circumstances we system, which is what this bill does. this science have latched onto com- find ourselves in today. That is why, I I worked to keep what was done by ments from the FDA—an agency that say to my colleagues, it is supported by activists known as the DARK Act from has found no scientific evidence that a broad coalition of well over 1,000 food becoming law three different times biotechnology threatens human safe- and agriculture industries, and that here in the U.S. Senate. Throughout ty—as some type of credible challenge sets a record in the Senate Agriculture this process, I worked to ensure that to this agreement. Committee. They include the American any agreement would first recognize In talking about comments from the Farm Bureau Federation, Grocery the scientific consensus that bio- FDA, I find it interesting that they Manufacturers Association, and the technology is safe; second, to ensure omit the first paragraph, which was, by U.S. Chamber of Commerce, just to that consumers have the right to know the way, that they don’t believe from a name a few. what is in their food; and third, to pre- health risk safety standpoint that I urge my colleagues to not merely vent a confusing patchwork of 50 dif- GMOs should be labeled and which is support cloture on a bill this afternoon ferent labeling requirements in 50 dif- why they have consistently said no to but to support your broad range of con- ferent States. And while this issue stirs labeling and would, not surprisingly, stituents who benefit from its passage. strong emotions in all scientific de- interpret a biotechnology definition in Passing this bill benefits farmers and bate—I certainly understand that—the the narrowest way because they don’t ranchers by providing a mechanism for fact is, this bill achieves all of those believe that GMOs should be labeled.

VerDate Sep 11 2014 23:39 Jul 06, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.006 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4782 CONGRESSIONAL RECORD — SENATE July 6, 2016 So I stand before colleagues and this have a universally accepted platform this will become less and less of an Chamber today to say enough is where you not only get information issue as we go forward. enough. I have been through enough of about GMOs but whether you should be Let me also say one more time that these debates in the past to know that concerned about your food allergies one of three things must be done. sometimes, no matter the amount of and what is, in fact, in the ingredients. Major companies have already said reason or logic, someone is not going Right now I have friends who have to that while they want the certainty of a to change their position. I understand go to a book in the back of a store to national law so they can plan—and we that. But I remember Senator Daniel figure out what is going on in terms of don’t see disruptions for our farmers Patrick Moynihan of New York, who food ingredients. Having something and for our grocery store owners and used to say that everyone is entitled to that is accessible to all of us who are others—they will simply do on-pack their own opinion but not their own using these phones would make sense, words or an on-pack symbol. But there facts. So in that spirit, let’s talk about and that is what we are talking about. are three choices available. You must the facts. So we have three different options, do one of those in order to make infor- For the first time, consumers in all and the companies or stores, if they mation available, and I fully expect 50 States will have a mandatory na- put them in, will drive what the op- that consumers will engage with com- tional GMO label on their food. Right tions are. panies to advocate as to which one of now, if we do nothing, those who get Let me debunk a little bit of this those they want to see happen. labeling are Vermont and potentially a whole question on allowing an elec- Let me talk about something else couple of other States in the North- tronic label. First of all, Nielsen tells that has not been focused on enough. east. When we vote, if we vote yes, ev- us that 82 percent of American house- We have been talking about how to eryone will have the opportunity to get holds right now own a smartphone. It label, which is only one piece of it. An- more information about their food as it is so interesting to me that the people other piece of this is the fact that the relates to GMOs. While many want to expressing outrage about technology bill in front of us ensures that around hold up the Vermont law, the fact is are using their smartphones in order to 25,000 more products will be labeled that law ensures that a little more tweet that or are going to Facebook than are labeled in Vermont or any of than 626,000 people have information and other social media—a socially ac- the other States we are talking about. about their food. There are nearly 16 cepted way for us to be communicating Around 25,000 more products will be la- times more people in Michigan, and together. So 82 percent of American beled, and consumers will have the op- they deserve the right to know as well. households own a smartphone, and we portunity to know what is in those That is why this mandatory national are told by Nielsen that very quickly products. This has really been glossed labeling system is so important. will become 90 percent. over, and I think that is very unfortu- Let’s talk about what we are say- For someone who doesn’t have a nate. Right now, in Vermont, anything ing—not in a voluntary way as passed smartphone—or maybe they are in an with meat, eggs, cheese, dairy—includ- the House but requiring one of three area where there is concern about ing broth or anything that has any bit choices—three well-regulated ways for broadband, which concerns me, in some of meat in it—is automatically exempt. companies to disclose information. rural areas—we make sure that before This agreement gives consumers infor- Some have already chosen what they this is implemented, the USDA has to mation about 25,000 more products that are going to do and have said: We’re survey areas where this is a problem contain meat when the product also going to continue to do on-pack words, and make sure there is more accessi- contains GMO ingredients. So 25,000 like Vermont. There are significant bility with additional scanners in the more products—that is good for con- companies that have said: We want cer- store and additional opportunities for sumers and families who want to know. tainty. We want this law passed, but people to be able to get the informa- To be clear, this bill has the same this is what we are doing. tion and to be able to use this if they tough standards as the European Union We also give a choice of an on-pack don’t have a smartphone. They might and many other countries when it symbol, and this is not the specific, but want to be able to put the can up to a comes to livestock. However, unlike it is the idea of what it would be. We scanner. That is another option as Vermont, this bill doesn’t provide the have some major retailers in this coun- well. full exemption for a GMO food product try who have said: Regardless of what Let me also say that more and more, just because it contains a trace of meat happens, we are only going to get prod- using smartphones and electric labels as an ingredient. What does that mean? ucts on our shelves if they have the is very much a part of our lives. We In Vermont, you walk in—if it is a first—which is words—or a symbol. So have those doing it for food informa- cheese pizza, it is labeled; a cheese the marketplace is definitely going to tion right now. You can scan to get a pepperoni pizza is not labeled, even drive where this goes, and consumers price right now on a can. We have all though it has GMO ingredients. In will continue to drive it. kinds of apps on our phone, from pay- Vermont, vegetable soup is labeled; But we also know that an electronic ing bills, to going through the airport, vegetable beef soup is exempt, even label makes sense if it is regulated in a to connecting with friends. This is very though it has GMO ingredients. In specific way to make sure that con- much about the future and how we are Vermont, a fettuccine alfredo—I’m get- sumers can have access. We also know going to find out all kinds of informa- ting hungry for lunch—fettuccine there are those who want very much to tion. So it is not unreasonable that, in alfredo is labeled; fettuccine alfredo make sure they not only share infor- order to help consumers get informa- with chicken and broccoli is exempt, mation that there are GMO ingredients tion not just on GMOs but on food al- even though it has GMO ingredients. but also important things, such as the lergies and other kinds of important Now, somebody tell me why that National Academy of Sciences saying issues, we would look at electronic la- makes any sense from a consumer they are safe for human consumption. bels in a way to do that. This is an idea standpoint. We fix that in this bill. So there is some context around this. that came from the Secretary of Agri- The next thing we focus on is making It is not scare tactics; it is fact based. culture looking at all of the different sure that we maintain and strengthen Let me also say that we know con- requests to their Department for infor- the organic label, something not done sumers want other kinds of informa- mation. in other versions of the bill. As we tion than just whether or not there are I appreciate some of the concerns know, organics have always been non- genetically modified ingredients in about the electronic label, but this is GMO. Those families who wish not to their food. The No. 1 issue I am told not about hiding information because buy products with GMOs—those who consumers ask about is food allergies. we will be working to make sure there have wanted to buy products with no We know others are concerned about is accessibility in the store for that in- GMOs—will always have that option. antibiotics in meat. There are a whole formation. And going forward, we have But for many consumers it is a bit un- range of issues people care about. For virtually everyone at some point using clear. People question: Well, does ‘‘or- me and the world of smartphones and their smartphone to communicate—to ganic’’ mean the same thing as ‘‘non- electronics, going forward, it makes do business, to do banking, to commu- GMO’’? To make it clear, among a sense from a consumer standpoint to nicate with friends, and so on. I think number of changes we are making to

VerDate Sep 11 2014 23:39 Jul 06, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.008 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4783 strengthen and protect the organic We preserve and protect critical in the city of Chicago in 1948—back in label, this agreement ensures that or- State and Federal consumer laws. That the day when the Democratic organiza- ganic producers can now display a non- is where this will be enforced. One of tion of Chicago was a powerful oper- GMO label in addition to the USDA or- the major areas of negotiations was to ation. Here he was, a young man, a ganic seal. This is also important infor- make sure that while there was a pre- young law student who was inspired by mation not in any other bill and impor- emption of the capacity to label, it did the candidacies of Adlai Stevenson for tant information to give consumers not bleed over into the capacity to en- Governor of Illinois and Paul Douglas choices about the food they eat. force fraud or inaccuracy or other for the U.S. Senate, and he wanted to Let’s talk now for a moment about issues that relate to labeling. We have do his part. the definitions that have been talked a been very clear—the enforcement will What transpired when he made that lot about in terms of biotechnology. come from Federal and State consumer effort has become legend in Chicago. First of all, let me say it is the USDA, protection laws. Abner Mikva showed up. A ward com- not the FDA, that is the sole agency Finally, we are preventing a patch- mitteeman saw him at the door and that will implement this mandatory work of 50 State labeling laws that—as said: What can I do for you? national labeling system. They are the in every other area of international He said: Well, I am looking to volun- ones given the authority to label ev- commerce—we as a country have said teer. erything that contains GMOs on the does not make sense. The ward committeeman said to Ab grocery shelf, and that is what this So we can nitpick this agreement Mikva: Who sent you? label and definition does. While we saw around the edges. Certainly, in any ne- Abner Mikva said: Nobody sent me. a lot of fervor last week about com- gotiation, there are always things you The ward committeeman said: We ments from the FDA, it does not would like to see in an agreement that don’t want nobody nobody sent. change the fact that USDA will imple- are not there. Certainly, in any bipar- He then said to him: Are you looking ment this mandatory national labeling tisan agreement, that is going to be for a job? system—not the FDA, which doesn’t the case. But this bill moves us forward Abner Mikva said: No, I am not real- believe it should be labeled and has the with a commonsense approach that for ly looking for a job. most conservative view on what a the first time guarantees consumers The ward committeeman said: We biotech definition is. who want to know if their food in- don’t want nobody who ain’t looking As I said before, it is rather ironic cludes GMOs the ability to know, while for a job. that labeling advocates who clung to at the same time creating certainty for The ward committeeman then said: these statements when the FDA sent our food producers, our farmers, our Where are you from, kid? out a memorandum of technical assist- manufacturers, and our grocers. He said: I go to the University of Chi- ance have missed or refused to also in- I urge colleagues to come together to cago. dicate that the FDA has repeatedly de- look at the facts, to look at the The ward committeeman made it nied petitions to label GMOs. That is science, and to support this bipartisan clear: We don’t want nobody from the why this is going through the USDA agreement. We have an opportunity to University of Chicago. from an information and marketing really get something done—not just That was Abner Mikva’s introduction standpoint and not the FDA—because talk but to actually get something into politics. You would think he there is not scientific evidence to put done that is positive. I hope we will do would have been discouraged by that, it into the FDA as a health risk. that. but he was not. He went on to graduate Furthermore, we have heard from I yield the floor. from the University of Chicago Law many opponents who say the definition The PRESIDING OFFICER (Mrs. School, to clerk for a U.S. Supreme in this agreement does not match any ERNST). The Senator from Illinois. Court Justice, and then to practice law other international definition of ‘‘bio- Mr. DURBIN. Madam President, I ask in the city. technology.’’ The fact is, the definition unanimous consent to speak as in In the 1950s, he decided to run for the of ‘‘biotechnology’’ varies greatly morning business. Illinois House of Representatives. He among the 64 countries with manda- The PRESIDING OFFICER. Without ran against the same political organi- tory labeling laws. Our definition is in objection, it is so ordered. zation that turned away his efforts to line with many of those countries and REMEMBERING ABNER J. MIKVA be a volunteer, and he won. He came to even has the potential to cover more Mr. DURBIN. Madam President, Springfield, IL—my hometown and the foods. For example, the European Monday, the Fourth of July, was the capital of our State—to the Illinois Union’s definition of ‘‘biotechnology,’’ 240th anniversary of the creation of the House, and found some kindred spirits. which applies to food produced in 27 United States of America. It was a day One of them, Paul Simon, who eventu- countries, clearly does not include gene on which we celebrated this great Na- ally served here in the U.S. Senate, was editing or other new technologies. This tion. We celebrated our great leaders, Abner Mikva’s closest friend in the Illi- agreement we will be voting on pro- but in Illinois we lost one of our best in nois House of Representatives. State vides authority to the USDA to label representative Tony Scariano was an- those things. Japan only requires la- the passing of Abner Mikva on the other independent who had come to the bels on 8 crops—33 specific food prod- Fourth of July. Abner Mikva was a friend. In addi- Illinois House to try to make a dif- ucts—and exempts refined sugar. Our tion to that, he was an extraordinary ference. The three of them roomed to- bill provides authority to the USDA to individual. His record of public service gether—Mikva, Jewish religion; Paul label refined sugars and other proc- Simon, Lutheran; and Tony Scariano, essed products. is unmatched. I can’t think of anyone When people point to international off the top of my head who did so many Catholic. They called their gang the laws, let’s really look at the details of distinguished things in the legislative Kosher Nostra, and they set out to try those laws before we start holding branch of our Federal Government, to change the government of Illinois. those laws as the gold standard for serving in the House of Representa- But even more than their contributions GMO labeling laws. tives; serving on the U.S. Circuit Court legislatively, politically they created a I reflect on the statement from Sen- for the District of Columbia in the ju- force in Illinois—both downstate and in ator Moynihan. Everyone is entitled to dicial branch; and serving as general Chicago, which made a big difference in his or her opinion but not his or her counsel to President William Clinton the history of our State. own facts. in the White House in the executive Abner Mikva went on to be elected to This bill creates the first-ever man- branch. Abner Mikva combined them the U.S. House of Representatives, datory national GMO labeling require- all. where he served with distinction until ment. We cover 25,000 more foods than The highlights of his life are an he was appointed to the district court are labeled in Vermont or the other amazing story of a young man going for the District of Columbia. He had a States. through law school who decided in 1948 tough congressional district. He start- We protect and strengthen the or- that he wanted to get involved in poli- ed off on the South Side of Chicago, ganic label, which is non-GMO and tics. Judge Mikva got his start when he around Hyde Park. Eventually, when makes it a clear choice for consumers. walked into the 8th Ward headquarters he saw the demographics changing, he

VerDate Sep 11 2014 23:39 Jul 06, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.009 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4784 CONGRESSIONAL RECORD — SENATE July 6, 2016 picked up and literally moved north to people who started off as clerks for ical life. With his old buddy, Paul the Evanston area, which was the base Abner Mikva and turned out to be Simon, his old roommate in the Illinois for his political operations in the new amazing contributors to the American House, they probably inspired this Sen- congressional district. He moved his political scene. One of his former ator as much as any two people who entire operation up north and inspired clerks sits on the U.S. Supreme Court. have been living during my tenure in the kind of followership and devotion Elena Kagan was a clerk for Judge public service. that politicians dream of. If you were Mikva and then went on to the highest I stand today in tribute to a great part of the Mikva organization in his Court in the land. That gives you an man and a great American. Abner district, you took it personally. I can indication of the quality of the people Mikva of Illinois made this a better recall people saying with a straight who worked with and for him. His law country and Illinois a better State. face that they were part of the Mikva clerks went on to serve Justices Wil- I yield the floor. The PRESIDING OFFICER. The Sen- operation but decided to move out of liam Brennan, Thurgood Marshall, ator from Texas. his district. When they broke the news Harry Blackmun, and Lewis Powell. to the coordinator, of course, the coor- The New York Times once branded REMEMBERING ELIE WIESEL dinator insisted that before they could Abner Mikva as ‘‘the Zelig of the Mr. CRUZ. Madam President: move, they had to find someone to re- American legal scene.’’ One brilliant I remember: it happened yesterday, or place them as precinct volunteers to eternities ago. A young Jewish boy discov- young lawyer actually turned down a ered the Kingdom of Night. I remember his help Ab Mikva get reelected to the U.S. Mikva clerkship, and that was Barack House of Representatives, which he did bewilderment, I remember his anguish. It all Obama, who did find another way to happened so fast. The ghetto. The deporta- sporadically. He lost a couple of times, contribute to this Nation. tion. The sealed cattle car. The fiery altar but he won as well. The time came In 1997, Judge Mikva and his wife Zoe upon which the history of our people and the when he was appointed to the Circuit founded the Mikva Challenge, a pro- future of mankind were meant to be sac- Court of Appeals for the District of Co- gram I have become acquainted with rificed. lumbia, the second highest court in the I remember he asked his father: ‘‘Can this and worked with over the years. Abner land, where he wrote many important be true? This is the twentieth century, not Mikva and Zoe tried to engage young decisions relative to the basic rights of the Middle Ages. Who would allow such people in politics, and they did it on a crimes to be committed? How could the people under the Constitution. world remain silent?’’ He was my friend. I was introduced bipartisan basis. If a young person wanted to volunteer for the Republican And now the boy is turning to me. ‘‘Tell to him by Paul Simon, my predecessor me,’’ he asks, ‘‘what have you done with my here in the Senate. I think of the two Party, they would find a way for that future, what have you done with your life?’’ of them as my North Star, when it person to become a part of the cam- And I tell him that I have tried. That I have comes to issues of integrity, independ- paign and work in an office so they tried to keep memory alive, that I have tried ence, and progressive values. I was could see firsthand what politics and to fight those who would forget. Because if government was all about, and, of we forget, we are guilty, we are accomplices. lucky to know Ab Mikva throughout And then I explained to him how naive we my congressional career in the House course, they would provide similar vol- unteers for the Democratic candidates. were, that the world did know and remain si- and Senate and to have Loretta join lent. And that is why I swore never to be si- me when we had dinner with Ab and his These young people would see their lent whenever, wherever human beings en- wife Zoe in Chicago several times over lives transformed and changed by this dure suffering and humiliation. We must the last several years after his retire- Mikva Challenge. I have met them, and take sides. Neutrality helps the oppressor, ment. many times I wondered what their fu- never the victim. Silence encourages the tor- Ab Mikva received the Presidential ture might hold, but knowing full well menter, never the tormented. Sometimes we Medal of Freedom from President that some of them would be in public must interfere. When human lives are endan- service, much as Abner Mikva was dur- gered, when human dignity is in jeopardy, Barack Obama, and one of the reasons national borders and sensitivities become ir- was that they were close personal ing his life. relevant. Wherever men and women are per- friends. It was Ab Mikva to whom Just a couple of months ago, there secuted because of their race, religion, or po- Barack Obama went when he was inter- was a special luncheon to celebrate litical views, that place must—at that mo- ested in a career in politics, and Mikva Abner’s contributions to public service ment—become the center of the universe. counseled him in terms of what he and the Mikva Challenge. At the time Elie Wiesel spoke these words as he needed to do. He suggested that he they made the decision—and I hope accepted the Nobel Peace Prize in 1986. should listen more carefully to Afri- they carried it through—to make this a He was a living testimony to the vow can-American ministers so he could permanently funded foundation-sup- ‘‘Never forget.’’ Although he endured put a little more life and emotion into ported effort that will survive Abner the unspeakable darkness of Auschwitz his speaking style. Obviously, Presi- and Zoe and will live on for many dec- and Buchenwald, his defiant light dent Obama took that lesson to heart. ades to come. burned ever brighter as he dedicated It was Abner Mikva who stood by Some years ago, Judge Mikva told a his immense talents to providing a Obama in his early days, running for reporter that it was important for a so- voice for not only the Jewish victims the U.S. Senate and then running for ciety to have heroes. He said: of the Holocaust but also for the voice- the Presidency. He was always his You have to have live heroes. . . . It is not less, the condemned, and the forsaken right-hand man, willing to offer advice enough to be exposed to George Washington around the globe. Elie tirelessly re- and connect him with the right people in grade school or Abraham Lincoln in high minded the world that the savage hor- on the political scene. Their friendship school. You have to have somebody who you ror of the Third Reich was not an aber- endured until Ab’s passing just a cou- can identify with in the here and now, who ration in the past that was defeated in ple of days ago. I know the President makes the institutions we are trying to pre- World War II. He knew that the poten- serve worthwhile. feels, as I do, that we have lost a great tial for such genocidal evil remains friend and a great supporter in what he I am very proud to join the Alliance with us in the present, and he warned was able to achieve. for Justice and many other groups that that we must always be on guard He also had a friendly and happy way have stood up and acknowledged the against it. Now, that little boy who about him. He enjoyed life. He used to amazing contributions that have been was always with him must always be engage in poker games that included made by Abner Mikva and Zoe during with us. Supreme Court Justices and Federal the course of Abner’s life. I am particu- I was blessed to know Elie and his in- judges, some of whom will surprise larly honored to have counted him as a comparable wife Mary personally. They you. William Rehnquist would play friend. He would call and give me words have been powerful and fearless voices poker with Ab Mikva. Those were two of encouragement so many times when for justice no matter the cost. It is men from opposite ends of the political we were going through some tough de- humbling to encounter the true great- spectrum, and they still had a chance cisionmaking. I can’t tell you how ness that is embodied by Elie and to get together and to get to know one much it meant to hear from him per- Mary. another. sonally and to know he approved of When Israel’s Prime Minister Ben- He left an enduring mark on Amer- what I was doing. He was always, as I jamin Netanyahu addressed a joint ses- ica’s legal system. There were so many said, my North Star and hero in polit- sion of Congress, it was one of the

VerDate Sep 11 2014 23:39 Jul 06, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.011 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4785 great privileges of my life to host Elie and call it by its name, and we can do the law against sanctuary jurisdic- Wiesel and join him on a panel, to- what we must to ensure that the vow of tions—which now number in the hun- gether discussing the profound threat ‘‘never again’’ is fulfilled. dreds all across America—that aid and imposed by a nuclear Iran. Elie Wiesel left an extraordinary leg- abet illegal aliens evading deportation. A nuclear Iran, I believe, is the single acy. His memory is a blessing, an inspi- The President of the United States is greatest national security threat fac- ration, but it is also a challenge to the officer charged by the Constitution ing America. Elie shared that view. keep his legacy burning in our hearts. with the sole responsibility to faith- ‘‘Never again’’ is a critically important Our prayers go out to Marion and to all fully execute the law. When his admin- phrase. After the victory of World War of Elie’s loved ones. May he rest in istration tolerates and encourages law- II, it might seem like a comforting af- peace, but may every one of us rise to lessness, is it any surprise that terrible firmation of fact that humanity had answer the call to truth and justice things happen? We must put an end to evolved and a horror like the Holocaust that Elie Wiesel championed each and this administration’s lax enforcement could never happen again, but ‘‘never every day. of our immigration laws, which threat- again’’ is something more. Elie Wiesel KATE’S LAW ens the safety and security of the was a living testimony to the fact that Madam President, there is a second American people, and we should begin ‘‘never again’’ is a sacred vow. It is a topic I wish to address on the floor by putting a stop to sanctuary cities, promise that we will not take this for today. which this administration has been un- granted, but we will be ceaselessly Last week, as many of us were look- willing to do on its own. A real Presi- vigilant because we know that while ing forward to Independence Day and dent, faithful to the Constitution, the evil of anti-Semitism was defeated vacations with our family, fireworks, would end sanctuary cities by cutting once in World War II, it was not eradi- hot dogs by the grill, another family off money to any jurisdiction openly cated. To assume in our sophisticated was mourning a loss—the loss of a defying Federal immigration law. That is why I am a proud cosponsor modern age that we somehow tran- daughter, the loss of a life, and a loss of Senator PAT TOOMEY’s Stop Sanc- scended evil would be a tragic mistake. that should never have occurred. Last tuary Cities Act, which would withhold We have seen the face of evil this Friday was the 1-year anniversary of Federal grant money from cities that year in the savage ISIS terrorists who the senseless killing of a vivacious 32- refuse to cooperate with Federal immi- are targeting Jews, Christians, and year-old young woman, Kate Steinle. gration enforcement officers. Cities Muslims—murdering regardless of She was shot as she was walking arm that flout Federal law should not be re- faith. We see it even more clearly in in arm with her dad on a San Francisco warded with Federal taxpayer dollars. the Islamic Republic of Iran, which is pier. After the bullet tore through her, We must also address the persistent seeking the world’s deadliest weapons she collapsed to the ground, crying out, problem of aliens like Kate’s killer who and the means to deliver them to make ‘‘Dad, help me. Help me.’’ She died 2 illegally reenter this country after de- good on the many threats to annihilate hours later. portation. That is why I introduced, not only the nation of Israel but the As the father of two daughters, I can- exactly 1 year ago, an earlier version of entire free world. These are not empty not imagine the anguish and the heart- Kate’s Law. Unfortunately, no action words uttered by an ayatollah without break that was going through Mr. was taken on that bill until it was in- Steinle as he held his dying daughter. consequence. They are not simply corporated into Senator VITTER’s Stop words to placate a domestic political Her murderer was an illegal alien, Sanctuary Policies Act. Senate Demo- audience. These are articles of faith and he wasn’t just any illegal alien. He crats voted in virtual lockstep to de- with the Iranian leadership, and they was one who had already been deported feat the bill. Last fall, I went again to have backed them up with 35 years of five times. On top of that, he had a the Senate floor and asked for unani- violent hostility towards Israel and the long rap sheet that included up to mous consent to pass Kate’s Law as a United States. seven felonies. What was he doing on stand-alone bill, but the senior Senator Last year, the world marked the 75th that San Francisco pier? He should from California—the very State where anniversary of the liberation of Ausch- never have been there, and if he were Kate’s senseless murder occurred— witz, and we remembered the unspeak- not there, Kate Steinle would be alive stood on this floor and objected. able atrocities of the death camps. We today. Today, I thank the Senate majority cannot afford a nuclear Auschwitz. We Just a few months before killing leader, MITCH MCCONNELL, for sched- all know that Iran’s terrorist proxies— Kate, this illegal alien was released uling a vote on Kate’s Law and a sepa- Hamas, Hezbollah, and the Palestinian from the custody of the San Francisco rate vote on stopping sanctuary cities, Islamic Jihad—have engaged in vicious sheriff’s office, even though Immigra- for giving this body another chance to terror attacks against our Nation, and tion and Customs Enforcement, the address the problem and to listen to already too many of our citizens have Federal agency responsible for deport- the people. The time for politics is been killed and maimed. We know that ing illegal aliens, had requested he re- over. We should come together and pro- the danger posed by Iran is not a thing main in custody. The Federal Govern- tect the American people. It is a time of the past. Their intention is to use ment said: Keep this criminal illegal to confront the sobering issue of illegal these weapons of destruction. alien in custody. And the San Fran- aliens, many of whom have serious This threat should not be a partisan cisco sheriff said: No, we will release criminal backgrounds and yet are al- issue. This threat should unite us be- him to the public. The San Francisco lowed to illegally reenter this country cause that is the only way we will be sheriff’s office refused to honor that re- with impunity. able to defeat this threat, and defeat it quest because of a so-called sanctuary Kate’s Law would do three things. we must because Iran’s threat is not city policy that prohibits the San First, it would increase the maximum only to wipe us off the map but to Francisco sheriff’s deputies from co- criminal penalty for illegal entry from erase us from the historical record all operating with Federal immigration 2 to 5 years. Second, it would create a together. Think about that for a mo- enforcement officers. Local cities are new penalty for up to 10 years in prison ment. The stated objective of the Aya- putting in place policies that prohibit for any person who has been denied ad- tollah Khamenei is a world without local law enforcement from working to mission and deported three or more even the memory of the United States keep our country safe. times and illegally enters the country. of America, the Great Satan, as they The sad truth is, Kate should be alive Finally, and most importantly, it call us—or even a memory of Israel, today, but she isn’t because the Fed- would create a 5-year mandatory min- the Little Satan, as they call Israel. eral Government failed her. It has imum sentence for anyone convicted of Together we can stop that threat, failed to secure the border. It has failed illegal reentry who, like Kate’s killer, just as we did in World War II. To- to faithfully and vigorously enforce the had an aggravated felony prior to de- gether we can stand up and repudiate immigration laws that are on the portation or had been convicted of ille- this catastrophic Iranian nuclear deal books. It has failed to strengthen those gal reentry twice before. This class of that sends billions of dollars to Islamic laws to deter illegal aliens like Kate’s illegal aliens has a special disregard terrorists committed to our murder. killer from coming back over and over and disdain for our Nation’s laws. Vio- Together we can look evil in the eye and over again. It has failed to enforce lent criminals keep coming in over and

VerDate Sep 11 2014 23:39 Jul 06, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.012 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4786 CONGRESSIONAL RECORD — SENATE July 6, 2016 over and over again, and all too often take to break the partisan gridlock and a complex QR code to prevent folks these illegal aliens have criminal actually come together and protect the from knowing if their food contains ge- records that go back years or even dec- American people? The votes this after- netically modified organisms. It brings ades. noon will help answer that question. I into question the very question of bio- For example, in 2012, just over one- very much hope we will not wait one engineering, and it raises concerns quarter of the illegal aliens appre- day longer. about the growing influence agri- hended by the Border Patrol had prior I urge my colleagues to stand to- business has on this body. deportation orders. That is an astound- gether united against lawlessness, to The bill before us raises all these ing 99,420 illegal aliens. In fiscal year stand against dangerous criminal ille- major concerns and many more. Be- 2015, of the illegal reentry offenders gal aliens who flout our laws, and I sides keeping folks in the dark and be- who were actually convicted—that is urge each of us to hear the words of sides telling States they cannot write 15,715 offenders—the majority had ex- Kate Steinle, ‘‘Help me, dad. Help me, their own consumer information laws, tensive or recent criminal histories. At dad.’’ That was a cry that went not this bill gives the U.S. Department of least one-third had a prior aggravated just to a grieving father, but it is a cry Agriculture complete authority to uni- felony conviction, but even though the that should pierce each and every one laterally interpret and implement the majority of offenders had criminal of us and move this body out of slum- controversial provisions of this bill. records, the average prison sentence ber and into action, to help and stand To make things worse, this is not a was just 16 months, down from an aver- with the American people. collaborative bill. This bill provides age of 22 months in 2008. In fact, more I yield the floor. corporate agribusiness with handout than one-quarter of illegal reentry of- I suggest the absence of a quorum. after handout, but it really doesn’t do fenders received a sentence below the The PRESIDING OFFICER. The a thing for family farm producers and guidelines range because the govern- clerk will call the roll. the small mom-and-pop shops, the op- ment sponsored the low sentence. The assistant bill clerk proceeded to erations that are the backbone of our Clearly, we are failing to adequately call the roll. farming economy. Quite frankly, it un- deter deported illegal aliens from ille- Mr. TESTER. Madam President, I dermines the work of organic pro- gally reentering the country, espe- ask unanimous consent that the order ducers, and it ignores the folks who cially those with violent criminal for the quorum call be rescinded. purchase organic products. To me, it is records. That is why we need to pass The PRESIDING OFFICER. Without clear that this is a one-sided bill—a bill Kate’s Law. We must increase the risk objection, it is so ordered. that benefits multinational corpora- and the penalties for those who would Mr. TESTER. Madam President, be- tions at the expense of family farmers contemplate illegally returning to the fore we start, do I need unanimous con- and ranchers. United States to commit acts of mur- sent to speak for 15 or 20 minutes? To be more specific, I want to talk der. The PRESIDING OFFICER. The Sen- about four major problems I have with I thank all the leaders in this body. I ator is free to speak. this bill. thank leaders like Bill O’Reilly for Mr. TESTER. I thank the Presiding First, this bill mandates that compa- shining a light on this vital issue. This Officer. nies that use genetically engineered in- vote ought to be an easy decision. Just GMO LABELING BILL gredients disclose that information on ask yourself this: With whom do I Madam President, I come to the floor the packaging. On the surface, this stand? today to speak out against the GMO la- looks like a step forward, but as we dig I hope my colleagues, Democrats and beling bill we will be considering a lit- a little deeper, the bill allows compa- Republicans, will choose to stand with tle bit later this week or next week and nies to meet this mandate in three the American people, the people we to raise concerns for the millions of ways: a written label on a package, should be protecting, rather than con- American families who want to know which would be fine; a symbol created victed felons like Kate Steinle’s killer. and who have the right to know ex- by the USDA, which could also be fine; It is worth noting the city of San actly what is in their food. I have come but then we have this—a QR barcode Francisco—bright blue Democratic San to the floor before to endorse GMO la- that folks have to scan using their Francisco—voted out the sheriff after beling legislation and to oppose efforts smartphones to figure out whether the murder of Kate Steinle. All Ameri- to keep folks in the dark when it comes there are genetically modified ingredi- cans, regardless of being a Democrat, to what they feed their families. ents in the food they are going to buy. Republican, Libertarian, Independent— This is an issue that impacts each Yes, this bill allows companies to meet all Americans deserve to be protected, and every one of us. Every day, there is the disclosure requirement with this— and we need a government that stops nothing more important than choosing a QR barcode. If you can tell me what allowing violent illegal aliens to prey the food we eat. Food provides us with that says by looking at it, you are a on the innocents. nutrition and energy. Good food helps much smarter man than I. If our Democratic colleagues make our kids grow strong and helps us re- The bill before us today specifically the choice to put politics over pro- main healthy as we get older. mandates that the words next to the tecting innocent Americans by refusing I strongly believe that when folks de- QR code say ‘‘Scan here for more food to enforce our immigration laws, the cide what food to purchase, they do so information.’’ Those are the words in consequences of that are a mess. Doing and should do so with all the informa- the bill. So if folks want to know if so is quite literally playing with peo- tion available to them. Unfortunately, their cereal contains commodities that ple’s lives. This isn’t hyperbole. Unfor- Members of this body want to keep originated in a lab, rather than read it tunately, it is a fact. folks in the dark. They don’t want con- on a package clear as a bell, rather Tragically, Kate’s death was not just sumers to know exactly what is in the than read the words on a package, they an isolated occurrence, as much as we food they are eating. will first have to know that the QR all wish that were the case. Just last This fight is nothing new. In 2013, I code will provide them with informa- week, an illegal alien killed three inno- was on the floor fighting against a tion about whether that product con- cent people and wounded a fourth out- piece of legislation called the Mon- tains GMOs and not just more mar- side a blueberry farm in Oregon. Ac- santo Protection Act, which gave blan- keting information or a coupon. They cording to ICE officials, the illegal ket immunity to major seed companies would have to know that the phrase alien had been deported from the whose products had been or could be a ‘‘more food information’’ means infor- United States an astounding six times target of litigation. Earlier this year, I mation about GMOs—maybe, maybe since 2003. was in this Chamber to fight against not. Then they would scan that code Enough is enough. Stop letting in the DARK Act, which trampled on the into their phones. Hopefully they will violent criminal illegal aliens who are rights of States and consumers alike at have cell service in that grocery store, murdering innocent Americans. This the request of the food industry. but what happens if they don’t? That is should bring us all together. How many Once again, the Senate GMO labeling not transparency. That is not the con- more of these terrible acts must we en- bill provides major food corporations sumer’s right to know. They could not dure until Congress acts? What does it with an out where they can hide behind tell.

VerDate Sep 11 2014 23:39 Jul 06, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.013 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4787 If they somehow know what the acceptable. The Senate should not be the safety or health of these products. phrase ‘‘more food information’’ means in the business of hiding information It is about transparency. It is about and they are fortunate enough to have from consumers. the public’s right to know. It is about Wi-Fi in their grocery store, they will When I grew up, I was told the con- putting families ahead of corporations. be directed to a Web site, and then sumer is always right. We should be It is about valuing the consumer’s maybe they can learn about what is empowering those consumers, those right to know over lobbyists in their really in the food, potentially geneti- American consumers, with more infor- slick suits and their influence here. cally engineered products, although it mation about the food they purchase, They are denying consumers an easy- is not clear what else they will have to not with less. Don’t take it from me— to-read national GMO label standard. read about or where that information 9 out of 10 consumers say they want la- Why? They are denying folks the trans- will be hidden within that Web site. beling required for genetically engi- parency they need to make the best de- Other companies—maybe those that neered foods. What is the problem with cisions for their families. It makes no aren’t as big as the big international that? It is already done in 64 countries. sense to me. agribusinesses—will be allowed to hide When you bring up the issue of con- The second issue I have with this bill that important information behind an sumer rights, of the ability of individ- is the way it changes the definition of 800 number. A mom or dad who wants uals to have some idea where their food GMOs in a way that will not be good to know what is in their child’s soup or comes from, you are told that GMOs for consumers. To me, it is pretty sim- bread will have to call many different are perfectly safe, but that response ple. If a crop is found to develop in na- 800 numbers in the aisles of the grocery completely misses the point and in- ture, then God had his hand in making store or scan many of these QR codes. sults every single person who has ever it. Products that have been genetically Anybody who has ever gone to a gro- asked about the source of their food. modified or engineered in a lab, well, cery store with a small child in tow What this is really about is con- those products are made by man. They knows that is not going to happen. sumers’ right to know—not with a are genetically engineered. In this bill, Quite frankly, it is probably not even Mickey Mouse QR code, not with a dif- the definition of GMO is very different. going to happen if you don’t have a ferent 800 number on every package of This definition is very dangerous, and small child in tow. Between these ridic- food you pick up, but with simple it will be a major mistake if it becomes ulous QR codes and the 1–800 numbers, words that say that product contains a new national standard. mom or dad could easily end up stand- GMO or it doesn’t. That will allow the As the bill currently reads, the term ing in a grocery store for hours scan- consumer to make his choices. That ‘‘bioengineering’’ requires food to con- ning each individual product with a will allow mothers and fathers around tain genetic material that has been smartphone or dialing an international this country to be empowered, not to modified by rDNA techniques, and for call center just to find out basic infor- be controlled. which the modification could not oth- mation about what they are going to Sixty-four countries, including erwise happen through conventional eat. places you would never ever think of as breeding or be found in nature. This is completely ridiculous, a having transparency—places such as That sounds harmless enough, but nightmare for consumers, and an illu- Russia, China, Saudi Arabia—require there are some huge problems with this sion of transparency. What if compa- GMO labeling. definition. First, rDNA techniques are nies were allowed to use QR codes in- If this bill passes, we are going to not the only way we modify plants and stead of basic nutritional information? say—and it had 68 votes the last time it animals. Scientists can use cell fusion, What if you had to scan a barcode to came to the floor—that we have GMO macroinjection, gene deletion, gene ed- find out how much fat is in a bag of labeling. That is a joke. We have a iting, and that is just what has been in- chips, how much protein is in a can of Mickey Mouse GMO labeling law. vented today. Tomorrow there will be beans, or how much vitamin C is in a So why is the United States the only other things they can do to manipulate jug of orange juice, and the only clue developed country in the world that the genes. you had was ‘‘Scan here for more infor- doesn’t require an easy-to-read GMO The problem is, the definition re- mation’’? label on its food or an easy symbol that quires the food product to contain ge- It is interesting. When I go to a store signifies it? There is a one-word an- netic material that has been modified and buy orange juice, I buy orange swer: money. Here is an example. In by rDNA. That is it. There are a hand- juice that is not made from con- 2012, California’s Proposition 37 would ful of products that are so refined, the centrate. That is my choice. I can read have required GMO labeling. Opponents final product would not be listed as it right on the package. I have to tell of that labeling bill spent $45 million to GMO, even when the original plant is you, I don’t know if that orange juice defeat that proposition. Supporters of GMO—soybean oil, high-fructose corn is any better than stuff that is made that labeling bill spent about $7 mil- syrup, to give an example. from concentrate, but it is written on lion. In fact, Monsanto alone spent $8 So as not to get in the weeds too far, the package, so I can determine what million. They outspent the supporters organics certify a process. They certify orange juice I want to buy. alone. That was in 2012. the process a plant goes through. If you So if you don’t want to buy food or if In 2013, Washington State had an ini- don’t have water-soluble fertilizers, if you want to buy food with GMOs in it, tiative called 522 that required GMO la- you don’t spray it with herbicides, and you get to scan this little doodad up beling. More than $20 million was spent you have a soil-building program and here, this QR code, and then maybe, if in opposition. About $7 million was good crop rotation and all those kinds you hit the right Web page, you can spent in support of the campaign, with of things, you can get certified as being find out what is in the food. We did this $1.6 million coming from Washington organic. That would mean, the way I as a Senate. We did this to allow people residents. read this—and I am not a lawyer, but I to know what is in their food, and we These campaigns and lobbying orga- will bet you we will find out in courts actually think this is an effective nizations have spent nearly one-half because we will have a lot of lawyers method to let people know what is in billion dollars to prevent commonsense with smiles on their faces if we get this their food. How would folks in Congress labeling standards, and we have caved passed—you could take GMO corn, for react if lobbyists and dark-money cam- to that. If these companies are proud of example, raise it under organic stand- paigns began pushing to get all nutri- GMO products, they should label them ards, because the oil does not show it is tion labels off our foods, the same way and make it a marketing tool. Instead, modified rDNA, and it could be or- this bill hides origins of our food? I can they are spending hundreds of millions ganic. That means Roundup Ready soy- tell you there would be a ton of folks of dollars to defeat commonsense beans, corn, could ultimately be ex- here on the floor. They would be rais- measures that 90 percent of the public cluded from labeling of the GMO QR ing big hell, rather than just a handful of this country supports because they code. who really aren’t afraid of Monsanto or are afraid the word ‘‘GMO’’ would hurt Folks will be purchasing products the other massive food corporations. their billion-dollar profits. they think are GMO-free, when nothing Hiding massive information behind I am not asking for a skull and cross- could be further than the truth. I am barcodes and 800 numbers is totally un- bones on the package. This isn’t about not talking about obscure products. I

VerDate Sep 11 2014 02:03 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.014 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4788 CONGRESSIONAL RECORD — SENATE July 6, 2016 am talking about very common ingre- All of this power we just talked pass around here, I ask myself: Is this dients. This is a huge loophole and one about would be given to unelected bu- going to help revitalize rural America that was created on purpose. And why? reaucrats in an office building here in or is this going to continue the reloca- Because if you control the food supply, Washington, DC—quite a large office tion of people and smalltown America you control the people. building. They are going to make the going away? In this country right now, we have decisions, and we in production agri- I have said many times on this floor, very limited competition in the mar- culture are going to have to live with this is a great country, and one of the ketplace. When you sell your grain or it. reasons it is great is because we have your cattle, it doesn’t matter. There is The last point I want to make is how had a great public education system not much competition out there be- this bill is going to negatively impact and we have had family farm agri- cause there are just a few major multi- the organic industry. I know folks have culture. I believe, if we lose either one national agribusiness companies that come to the floor to talk about how it of those, this country will change and are your market. So that is controlled. is going to be great for organics. The it will change for the worse. I think You buy inputs for your crops—fer- truth is, the organic industry is one of this piece of legislation is not a step in tilizers, sprays—there are just a few the bright spots in agriculture, quite the right direction for family farm ag- companies. There is no competition in frankly. For the last 30 years, it has riculture. that. They haven’t had control of the grown between 10 and 30 percent a year. Look, this is a picture of my farm. seed until recently, and now they are As a matter of fact, it grew 11 percent My grandfather came to this area from getting control of it in a big way. last year, with $43 billion in sales. That the Red River Valley in 1910. When he The farmer always had control of his isn’t much in terms of the overall food came out, the place didn’t look like own seed. He was always able to keep system, but to organics it has moved this. It was grass. In fact, this wasn’t his own seed and use it the next year— quite impressively along. his homestead. He traded my great not anymore. This bill will promote So I would ask: What good does this uncle a team of horses for this place. that going into the future, and we ask bill do for organics? I will tell you There wasn’t anything there. There why people are leaving rural America. what it does. It states that products used to be an old house that sat here, We ask why towns are drying up. We not required to label GMOs don’t auto- the homestead shack. It was a pretty ask why farms are going away. All we matically qualify for non-GMO status. nice old house. That is what he built have to do is look at this body and you Why not? I mean, that is kind of a first. can answer those questions. given. It also states that organic cer- Then, after he patented in 1915, he The GMO labeling bill—this GMO la- tification is a means of verifying non- built this barn in 1916. Now, you have beling bill—will exclude some of the GMO claims in the marketplace. to remember, back then they had nails most prevalent GMO products in our Look, I have been through organic and hammers. That is it. They didn’t marketplaces. Do you think that was certifications. This farm is organic. I have any pneumatics or hydraulics. He done by accident? I think not. have been through organic certifi- and his neighbors got together and The second part of the definition re- cations now for 30 years next year, and built that barn in 1916. It was colder fers to modifications that can be found I can tell you one of the first questions than old Billy out, but they had to in nature—extremely vague, and it also the inspector asks when he comes on have that barn because that barn was threatens transparency. But you know the farm is this: Where did you get where they had their animals. It was what. There are some natural gene your seed and is it GMO? Because farmed with horses then. Unfortu- modifications that happen in bac- GMOs are flatly—flatly—forbidden in nately, 2 years after he built it, a tor- teria—not plants, not animals, in bac- the organic system. nado came through, a cyclone, and flat- teria. Under this definition, that pro- So what they are saying is what we tened it. He built it again in 1919. He vides another unnecessary loophole already have; that organic certifi- rebuilt the doggone thing. He just got that will impact consumers because it cation is a means of verifying non-GMO out there, didn’t have anything but a says it is OK if it is found in nature. claims. The fact is, if I used GMO bunch of grass, and put all this So we have a QR code and we have a plants, I would not be organic and nei- money—and that is a pretty good-sized really bad definition. By the way, they ther would anybody else in production barn. By the way, that blew down so he could have used the other definition— agriculture who uses GMO plants. So rebuilt it. the one that is standard across the that is a biggie—gives us what we al- Then, in 1920, they had a drought and world. They chose not to. They put this ready have. he had to move back to North Dakota definition in and said: Oh, the good It clarifies that the narrow definition because they were starving to death. thing about this is, it only applies to of GMOs and biotechnology in this My mom was born back in North Da- this bill. So it is OK. Don’t worry about bill—remember that definition we had kota that year, in 1920, and then they it. up a minute ago—is only applicable to moved back a couple years later. They The third problem I have with this labeling—only applicable to this bill— survived the Dirty Thirties. My folks bill is, it gives the USDA incredible and not other relevant regulations, took over in the early 1940s. Dad built rulemaking power. It allows them to like the organic rule, which is what we that butcher shop. That is where this determine what percentage of GMO in- already have. happened. We put up the shop here, gredients would be on the label. It This bill falls drastically short. I which is equivalent to this. This is gives the Department the power to es- know there are trade organizations, where we take care of our equipment tablish a national standard with that such as the Organic Trade Association, now. information. If that isn’t enough, the and I know there are big companies out This farm today is 1,800 acres. It was USDA then will design all forms of food there that have said: This is perfect. 1,200 acres for a good many years. We disclosure, whether it is text, symbol, Go ahead and move forward. I am tell- were able to add another 600 acres to it or electronic digital link. The Depart- ing you they haven’t read the bill. 20 years ago. This farm is about one- ment also must provide alternative la- They haven’t looked at the require- third the size of the average farm in beling options for small packages. Fi- ments. They haven’t looked at hiding Eastern Montana and has supported nally, the agency must consider estab- behind a QR code. They haven’t looked two families for its entire life, with the lishing consistency between the label- at the definition and what its real im- exception of the first 20 years and with ing standard in this bill and the Or- pact could be. They haven’t looked at the exception of when my mom passed ganic Food Productions Act of 1990. giving the USDA incredible latitude. in 2009. My dad passed 5 years earlier. Now, why in the heck would that be Then, when it is all done, we have to It is a great place. It is part of who I in there? For the very same reason I live with it. am. It is bills like this—not the Dirty talked about earlier. You could lit- In the end, the result will be that Thirties, not the Great Depression, not erally have a GMO plant be raised this country will have a different pro- the attack on Pearl Harbor, not the under organic conditions, and because duction system, I believe. I hope this mass exodus of the 1980s—that will re- of this bill, it could be certified or- has positive impacts on production ag- move my family from this farm after ganic. riculture. As I look at legislation we over 100 years.

VerDate Sep 11 2014 02:03 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.016 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4789 So when we take up pieces of legisla- licans killed immigration reform that want information—information that is tion like this and they are not good was comprehensive back in 2013, and given in 64 nations, simple informa- pieces of legislation—and we all think the Senate Republicans are tion. You go to the grocery store, and this is a great country. It is a great deadlocking the Supreme Court for you see on a label whether the product country. We just celebrated our 240th partisan purposes. It is a nightmare you are buying is genetically modified. anniversary. When we take up pieces of that can be rectified only in this elec- That is pretty straightforward. Don’t legislation like this and say ‘‘It will be tion that is coming up. create some definition that essentially all right; things will get better,’’ guess Today we are going to be facing a exempts most of the products. What a what. Things don’t get better. And vote on sanctuary cities legislation in- scam on the American people, and things aren’t getting better in rural stead of taking another vote on the what a scam to say: By the way, for America. The reason is that we are get- comprehensive immigration bill, which some of the products that will still be ting swallowed up by agribusiness. We would have added 20,000 more Border labeled, you may have to use your don’t make a move anymore without Patrol agents, increased surveillance, smartphone or a Web site to find out agribusiness. Let me give an example. and hired additional prosecutors and what is in the product. Take your product to the marketplace; judges to boost prosecutions of illegal Call me old-fashioned, but I believe you have a couple of people who will border crossings. The measure would that if two-thirds of the world’s popu- bid on it. Go buy your inputs; you have have made clear that serious or violent lation—64 countries—have this infor- a couple people who will buy it. It will felons will never, ever get a pathway to mation, I want my constituents to not be long, folks, before we will be citizenship or even legal status. That have the information. Why should a paying taxes on the land, and we will bill would have brought families out of Russian have this information and an be providing the labor, and the profits the shadows, taking away the fear of American not? Why should a Chinese will go to the big guys—the guys who deportation, or being separated from person have this information and an can never get enough. This bill will loved ones, or parents being sent back, American not? Why should someone in New Zealand have this information and help facilitate that happening. leaving kids who were born here alone. I fully anticipate that, come Monday Sanctuary cities are important because an American not? Why should a Japa- or whenever we vote on this, there will it leads to cooperation with the local nese person have this information and be enough votes to pass this because a police, and it leads to reporting crimes an American not? Why should 64 na- lot of the folks have read the propa- in the communities. tions give their people this simple in- ganda put out that you have to have The fact is, the sanctuary cities bill formation, and we can’t do it here? this kind of stuff to feed the world. before us will increase crime and make Why are we punishing our people, giv- ing them less information? Do we feel That may be true. I have never thought our communities less safe. It would un- we are so smart and smug that we can that, but it may be true. But the truth dermine the trust that has been devel- keep this information from our people? is, shouldn’t the consumer at least oped between police and immigrant I don’t understand it. This bill should know what is on the food they are eat- communities, setting back efforts to protect victims and put criminals be- be rejected. ing? Shouldn’t they at least have a Is this an issue people care about? clue? Shouldn’t they at least be given hind bars. Let us be clear. The sanctuary cities Yes. Ninety percent of Americans want that right in the greatest country in to know if the food they buy has been the world? Shouldn’t we have more bill of Senator TOOMEY—for some crazy reason—cuts Community Development genetically engineered. What this bill transparency than Russia, not less? gives them is confusing at best and no We will see what happens on Monday Block Grant funding, which can be used by the police to buy equipment, information at worst. Let me be spe- or whenever we vote on the GMO bill. cific because I don’t want someone to I do appreciate Senator STABENOW’s rehab a police station, fund special say: Oh, Senator BOXER is upset, but work on this bill. Unfortunately, it anti-crime initiatives. Why would any- one ever get rid of funding for our law she hasn’t given us the details. falls woefully short on what we need in Bear with me. Here are the details. this country as far as transparency on enforcement when they are under First, the bill’s definition of geneti- food. siege? The bill also cuts Economic De- cally engineered, or GE food, as it is Madam President, I yield the floor. velopment Administration grants, known—genetically engineered—is ex- The PRESIDING OFFICER. The Sen- which foster job creation and attract tremely narrow. The Food and Drug ator from California. private investment. Administration, the FDA, says that Mrs. BOXER. Madam President, I am I know this sanctuary cities bill is many common foods made with geneti- here to talk about the sanctuary cities another piece of political garbage. I cally engineered corn syrup, sugar, and legislation and the GMO labeling issue, want to be clear because, at the end of soybean oil would not be labeled under which Senator TESTER was so eloquent the day, it will increase crime in our this bill. For example, products that about. If ever there should be a leader communities. I was a county super- many of us have right now in our on this Senate floor telling us the visor. I served proudly, and I know how kitchen—such as yogurt, salad truth about the GMO labeling bill, it is important local grants are to the local dressings, cereal, ketchup, ice cream, he because he deals with this. As he ex- economy. So to punish communities by pink lemonade, and even cough syr- plained, he has worked the family farm taking these funds away because they ups—would not be required to have a for a long time—and his family, for don’t decide that Uncle Sam has a label even though they are derived generations. Unfortunately, at this right to tell them what to do is the from genetically modified organisms. point, it is big agribusiness that is in- dumbest idea ever. Let’s make commu- It is important to know if your food fluencing this. I am more hopeful than nities safer by passing real immigra- is made with GMOs. I will tell you why. he is that we can stop the bill. tion reform—comprehensive reform— Many of us don’t know yet if GMOs are But let me talk about the fact that and defeat these misguided bills that fine. Let’s say we think they are fine. we have an immigration crisis in this are coming before us. We still need to know if they are in our Nation. Part of it is because we turned GMO LABELING BILL food, No. 1, because it is our right to away from a very important bill, a bi- Speaking of misguided bills, I want know but, secondly, because GMO partisan bill, in 2013 that was com- to talk about another one, and that is crops are heavily sprayed with pes- prehensive immigration reform—bipar- the Roberts bill on labeling genetically ticides. tisan, passed by a huge number of Sen- modified organisms—or, should I say, Let me repeat that. You may think ators, and it died in the Republican not labeling genetically modified orga- GMOs are fine, and they may be fine. House. That is No. 1. No. 2, we have the nisms, because the definition of GMO is The jury is out. But we know GMO Supreme Court that is deadlocked on so narrow that most of the products crops are heavily sprayed with pes- the immigration issue, and Senators on that really are engineered will not ticide. So if I have a little baby and I the other side of the aisle will not even have to have the label. don’t want to expose my baby to pes- bring up President Obama’s Supreme If ever there were a bill that proves ticides—if it is a GMO product, you Court nominee for a hearing. They will that leaders are out of touch, that know it has been sprayed heavily. Ac- not do their job. So the House Repub- leaders are elitist, it is this bill. People cording to USGS, the U.S. Geological

VerDate Sep 11 2014 02:03 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.017 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4790 CONGRESSIONAL RECORD — SENATE July 6, 2016 Survey, growers sprayed 280 million Farms, Rural Advancement Founda- that food is never going labeled. By the pounds of Roundup in 2012—a pound of tion International, Sierra Club, Slow way, it could even be labeled organic, herbicide for every single person in our Food USA, Sunnyside CSA, and Public which is a travesty. You have 70 orga- country, a pound of pesticide sprayed Interest Research Group. It goes on and nizations, and counting, against it. for every single person in our country. on. Believe me, my colleagues, you are Ninety percent of the people want a GMO foods are heavily sprayed. I want going to hear from these people over simple bill. But, oh, no, the elitists in to know when I go to the store—be- the next several days until we vote on this Chamber know better. Oh, they cause sometimes I do shop for my this. know better. grandkids—if it is a GMO product be- Why are my friends in this body so They took a simple concept—labeling cause, guess what, then I know it has afraid of letting consumers know what just like we did on the tuna can—and been sprayed with pesticides. is in their food? Because they are doing they turned it into a nightmare for the Now I want to take us to the label. the bidding of the big agricultural consumer. The consumer will never Let’s set aside the narrow definition. companies, and that is what I believe. find out. This dad will never know be- Let’s look at what somebody has to go It is my opinion. Why on Earth would cause while he has his kids there and through under the Roberts bill to find we stop people in this country from his grocery list, he has to be looking at out if there are GMOs. getting the same information the peo- every single item that is in his cart, Here is a picture. This is a dad in his ple of Russia get, the people of Japan every single product, and most of them supermarket with his kids. One is in get, the people in the EU get, the peo- will not have a simple label. A lot of the basket with the products, and one ple in Australia get, and the people in them are GMO, and they are not la- is a toddler walking alongside—a pret- New Zealand get? Why would you do beled. It seems to me that it is an em- ty common sight. What would it be that? Don’t you believe in the con- barrassment that we would even bring like for this dad with his two kids to sumer’s right to know? This bill should this bill up. I will do everything in my get the information he wants under be entitled ‘‘the consumer’s right not power to stop this bill. this bill? He is searching the shelves to know’’—not to know. That is what I would rather do nothing than this for items on his grocery list. We know this bill is. sham of a bill that does the bidding of what that is like. You have the two We know the people of this Nation the special, powerful interests and says kids here, one in the basket, one over are smart. They will use this informa- to the American people: You know here. You have your list in front of tion if we only give it to them in the what, sorry, folks, we don’t really trust you. He picks up a product, and he best way they can. Some will decide you with this information because we looks for a label to learn whether the they don’t want GMOs. Some will de- don’t really know what you are going food has been genetically engineered. cide they do. If the price is better and to do with it. Under this bill, the chances are over- they don’t have a problem, it is fine. It is too bad that you don’t know whelming that there will not be a sim- Let the people decide. It is like the dol- what they are going to do with it. You ple label on it, but there may be a phin-safe label I created in the 1990s. have no right as a Senator to deter- phone number, a Web site, or a QR The tuna fishermen were killing tens of mine what the American people will do code. It is not clearly defined in this thousands of dolphins a year because with information. If it is a national se- bill. But what it means is that this dad they were using purse seine nets. The curity issue, of course, that is dif- would have to stop shopping for every dolphins were swimming over the tuna, ferent. We know about that. If it is a item on his list. He would have to pull and tens of thousands of dolphins a consumer’s right to know what is in out his phone to make a call or type in year were dying. The people wrote to their food, don’t talk about how great a long Web site or scan a QR code just me and said: Senator, is there a way this bill is because it is the opposite. It to find out if the product he wants to you can help? I said: Yes, let’s put a is completely the opposite of what it buy is genetically engineered. Let’s say label on and say which tuna companies says. It is not truly a labeling bill. It is he has 50 products in his basket—50. are fishing dolphin-safe, and let the a phony sham, and I hope we defeat it Does he have to make 50 phone calls? consumer decide. whenever we get to it. Can you imagine looking up 50 Web We have saved hundreds of thousands I yield the floor. sites, scanning 50 different QR codes of dolphins over the years, but some Mr. GRASSLEY. Madam President, with a confusing cell phone app? You people still will buy the other kind of almost 1 year ago to the day, a young can’t imagine it because it isn’t going tuna. That is their choice. All I am woman was walking arm in arm with to happen because by that time these saying is to treat people with respect. her father along a pier in San Fran- kids have melted down and so has dad, Don’t be an elitist. Don’t keep informa- cisco. She had hopes and dreams and a and he says: I can’t. I give up. I give up. tion from them. Don’t make them bright future ahead, but her life was He is not going to make 50 phone calls. jump through hoops. I will tell you the cut short when she was tragically shot, And even if he owns a smartphone— truth. This is the biggest issue in this dying in her father’s arms. Her name which, by the way, many Americans election. The government elite is tell- was Kate Steinle. still do not—he may not really know ing people what they can know and The suspected killer, who was ille- exactly how to work it. what they can’t know and is making gally in the country and deported five According to Pew Research, only 30 them go through hoops and making times prior to that day, was released percent of Americans over 65 own a them use a smart phone and defining into the community by a sanctuary ju- smart phone and just half of the people GMO in such a way that many products risdiction that did not honor a detainer living in a rural area own one. Just be- aren’t covered. issued by Immigration and Customs cause someone owns a smart phone, What a sick bill that is. If you don’t Enforcement. The suspect in Kate’s that doesn’t mean they know how to want to have this done by the States, death admitted that he chose to be in use it. why don’t you come to the table and San Francisco because of its sanctuary Why are we putting Americans negotiate in good faith? The FDA cur- policies. through hoops like this just to find out rently labels more than 3,000 ingredi- Unfortunately, nothing has changed what they are feeding their families? ents. They require the labeling of more in the last year. Sanctuary cities, in- Why? I will tell you why: Big Agri- than 3,000 ingredients, additives, and cluding San Francisco, continue to culture, special interests, campaign do- processes. Millions of Americans have harbor people in the country illegally. nations. We will be able to prove it. filed comments with the FDA urging Since Kate was killed, there has been Seventy groups are against this hor- the agency to label GE foods so they a long list of tragedies, tragedies that rible legislation: Center for Food Safe- can have this information at their fin- could have been avoided—some that ty, Empire State Consumer Project, gertips. could have been avoided if sanctuary Family Farm Defenders, Farm Aid, Ninety percent of the people want a policies were not in place, some that Food Alliance, Label GMOs, Maine Or- simple label. What you are giving them could have been avoided if we had a ganic Farmers, Midwest Organic and in this so-called compromise is the nar- more secure border and beefed-up pen- Sustainable Education Service, North- rowest definition of what is a geneti- alties for those who enter the country east Organic Farming, Our Family cally modified food so that most of illegally time and again. Allow me to

VerDate Sep 11 2014 02:03 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.018 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4791 mention a few of the cases I have been retary said he wanted to see more co- quire the Federal Government to take following. operation from various counties and custody of anyone who entered the In July, Marilyn Pharis was brutally cities in working with immigration en- country illegally, violated the terms of raped, tortured, and murdered in her forcement authorities. He said he has their immigration status, or had their home in Santa Maria, CA, by an illegal not been successful with Philadelphia visa revoked and is thereafter charged immigrant who was released from cus- and Cook County, IL. And we know with a crime resulting in the death or tody because the county sheriff does that nothing has changed in San Fran- serious bodily injury of another person. not honor ICE detainers. cisco where Kate Steinle was killed. The legislation also requires ICE to In July, Margaret Kostelnik was The Stop Dangerous Sanctuary Cities make reasonable efforts to identify and killed by an illegal immigrant who also Act, authored by Senator TOOMEY, ad- provide relevant information to the allegedly attempted to rape a 14-year- dresses the problem of sanctuary juris- crime victims or their families. It is old girl and shoot a woman in a nearby dictions in a common sense and bal- important that Americans have access park. The suspect was released because anced way. There seems to be con- to information about those who have ICE refused to issue a detainer and sensus that sanctuary jurisdictions killed or seriously harmed their loved take custody of the suspect. should be held accountable, so we do ones. In July, a 2-year-old girl was brutally that with the power of the purse. This Sarah’s opportunity to make a mark beaten by an illegal immigrant in San bill limits the availability of certain on the world was cut short in part be- Luis Obispo County, CA. He was re- Federal dollars to cities and States cause of the reckless enforcement pri- leased from local custody despite an that have sanctuary policies or prac- orities of the Obama administration. immigration detainer and extensive tices. By refusing to take custody of illegal criminal history and is still at large. The Toomey bill also provides pro- criminal immigrants who pose a clear In September, 17-year-old Danny tection for law enforcement officers threat to safety, the Obama adminis- Centeno-Miranda from Loudoun Coun- who do want to cooperate and comply tration is putting Iowans at risk. It is ty, VA, was allegedly murdered by his with detainer requests. It would ad- time for this administration to rethink peers—people in the country illegally dress the liability issue created by re- its policies and start enforcing the law. who also had ties to the MS–13 gang— cent court decisions by providing li- Today we have the opportunity to while walking near his school bus stop. ability protection to local law enforce- vote to proceed to two bills to help pro- In November, Frederick County Dep- ment who honor ICE detainers. Major tect Americans from criminal immi- uty Sheriff Greg Morton was attacked law enforcement groups support this grants. For too long, we have sat by by an MS–13 gang member who was in measure because it reduces the liabil- while sanctuary jurisdictions release dangerous criminals into the commu- the country illegally. ity of officers who want to do their job nity to harm our citizens. It is time we In January, my constituent, Sarah and comply with immigration detain- work toward protecting our commu- Root, was rear-ended and killed by a ers. man in the country illegally who was Today, we will also vote on Kate’s nities, rather than continuing to put street-racing and had a blood-alcohol law, a bill honoring Kate Steinle and them in danger. And, it is time that we level four times the legal limit. Sarah many others who have been killed or institute real consequences for people had graduated from college with per- injured by people who have repeatedly who illegally enter the United States time and again. fect grades that very day. ICE refused flouted our immigration laws. Kate’s Mr. LEAHY. Madam President, just to issue a detainer, and the suspect was law addresses criminals attempting to over 3 years ago, the Senate over- released. He is still at large. reenter the United States, many times whelmingly passed comprehensive, bi- In February, Chelsea Hogue and after we have expended the resources partisan immigration reform. That bill Meghan Lake were hit by a drunk driv- to remove them. The bill creates a secured the border. It provided an er, leaving one injured and the other in mandatory minimum sentence of 5 earned path to citizenship that would a coma. The driver was in the country years for any alien who has been de- bring millions out of the shadows and illegally and had previously been re- ported and illegally reenters the reformed and modernized our legal im- moved from the country five times. United States who is also an aggra- migration system. It represented the In February, Stacey Aguilar was al- vated felon or has been twice convicted Senate at its finest. It was a serious ef- legedly shot by a man who was in the of illegal reentry. This is necessary to fort to solve a serious problem. country illegally. The suspect had also take certain individuals off our streets The two bills the Senate will turn to been previously convicted of a DUI. who are dangerous to our communities shortly stand in stark contrast. It ap- Last month, five people were trapped and have no respect for our laws. pears that Republican leadership pre- by a fire and killed in a Los Angeles This bill has broad support by law en- fers instead an approach that is in- apartment building. The man who al- forcement groups. It also has the sup- spired by Donald Trump and the anti- legedly started the fire was in the port of groups that want enforcement immigrant rhetoric that is fueling his country illegally and had been pre- of our immigration laws. And it has campaign. These efforts, embodied in viously arrested for domestic violence the support of the Remembrance the Toomey and Cruz bills, would take and several drug charges. The man was Project, a group devoted to honoring our immigration system in the oppo- known to immigration authorities, but and remembering Americans who have site direction and pit local law enforce- he wasn’t a priority for removal and been killed by illegal aliens. ment and communities against each was allowed to walk free. The fire I would also mention that we could other, pushing hard-working immi- killed Jerry Dean Clemons, Mary Ann have the opportunity to vote on grants back into the shadows. What a Davis, Joseph William Proenneke, and Sarah’s law if we get on either one of difference a change in leadership Tierra Sue-Meschelle Stansberry—all these bills today. Sarah’s law, which makes. my constituents from Ottumwa, IA. was introduced by Senators ERNST, There are few topics more funda- When will this end? We can do some- SASSE, FISCHER, and myself last week, mental to our national identity than thing today by voting to proceed to S. is a measure that would honor Sarah immigration. A consistent thread 3100 and S. 2193. Root of Iowa. Sarah Root was a bright, through our history is the arrival of Sanctuary policies and practices talented, energetic young woman new people to this country seeking a have allowed thousands of dangerous whose life was taken far too early by better life. Immigration has been an criminals to be released back into the someone in the country illegally. ICE ongoing source of renewal for Amer- community, and the effects have been refused to issue a detainer on the ica—a renewal of our spirit, our cre- disastrous. Even the Secretary of drunk driver, and he was released from ativity, and our economic strength. Homeland Security acknowledges that custody. Sarah Root’s family is left The Senate reaffirmed its commit- sanctuary cities are ‘‘counter- wondering if they will ever have justice ment to these ideals when we approved productive to public safety.’’ He has for their daughter’s death. S. 744, the Border Security, Economic said these policies were ‘‘unaccept- Sarah’s Law would amend the man- Opportunity, and Immigration Mod- able.’’ Just last week, before the Sen- datory detention provisions of the Im- ernization Act 3 years ago. That legis- ate Judiciary Committee, the Sec- migration and Nationality Act to re- lation was supported by 68 Senators

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The bills we begin considering today Senator CRUZ’s bill would not have pre- July 14, 1994: Lopez-Sanchez illegally could not be more different. They are vented Kate Steinle’s murder. The man reenters the U.S. after his first depor- not bipartisan. They do not reflect a who murdered Kate served over 5 years tation and falls into the hands of Ari- desire to meaningfully improve what for three separate illegal reentry viola- zona State authorities. His probation is we all agree is a broken immigration tions and served a total of 16 years in revoked, and he is sentenced to 93 days system. Instead, these bills scapegoat prison. Judges already have the au- in jail. an entire population for the crimes of a thority to impose long prison sen- July 11, 1996: Lopez-Sanchez is ar- few. tences, and this case proves they actu- rested in Washington and convicted of Those who support these bills point ally do. felony heroin possession. He is sen- to a tragedy that captured our atten- It is troubling that the majority tenced to 12 months, plus 1 day in pris- tion last summer. Any time an inno- leader is seeking a vote on this puni- on. cent person is killed, we have an obli- tive, partisan bill, instead of working March 12, 1997: INS arrests Lopez- gation to understand what happened to pass the meaningful criminal justice Sanchez on an order to show cause and and try to prevent similar tragedies in reform legislation that has strong bi- charges him as a deportable alien be- the future. We all feel that way about partisan support. It is yet another ex- cause of his illegal reentry and his ag- the senseless and terribly cruel death ample of his willingness to put politics gravated felony conviction. He is de- of Kate Steinle. Her death was avoid- above real solutions. ported back to Mexico for the second able. Our system failed, period. And it The problems plaguing our immigra- time on April 4, 1997. is heart-wrenching that such a beau- tion system demand that we respond July 22, 1997: Lopez-Sanchez is ar- tiful, young life was taken by a man thoughtfully and responsibly. We can rested in Arizona for his first known who should never have been free on our do better. We owe it to the American act of violence on an assault and streets. public to do better. I urge Senators to threatening/intimidation charge. We are motivated to do something in vote against cloture on these partisan January 13, 1998: Lopez-Sanchez is ar- the wake of her death, just as we are bills that will not make us safer. rested by U.S. Border Patrol agents. motivated to act in the wake of the Mr. MCCAIN. Madam President, Two days later, an immigration judge senseless killings of 49 innocent people today the Senate is voting to achieve orders him removed, and he is deported at an LGBT nightclub in Orlando, FL— cloture on two bills that would im- for the third time on February 2 of prove the safety of our citizens and or nine men and women attending a that year. bible study class at the historic Mother help ensure that foreign criminals con- February 8, 1998: Lopez-Sanchez ille- Emanuel African Methodist Episcopal victed of a crime in the United States gally reenters the U.S. 6 days after his are no longer able to freely remain in Church in Charleston, SC—or the nine previous deportation, but is appre- our country. innocent people brutally murdered at hended by U.S. Border Patrol. This issue was brought to the Na- an Oregon community college. These September 3, 1998: He is convicted of tion’s attention with the tragic murder are moments that demand leadership. felony reentry in U.S. District Court of Kate Steinle, who was shot and We should roll up our sleeves and ad- and sentenced to 63 months in prison. killed by Francisco Lopez-Sanchez as dress the problems that led us here, not February 20, 2003: Seemingly at the she walked along a San Francisco wa- seek bumper-sticker solutions that end of his prison sentence, the U.S. Bu- terfront pier. simply divide us further. To be clear, this type of case is rare, reau of Prisons hands Lopez-Sanchez Not only does the rhetoric around but we should provide little lenience to over to INS. He is deported again to the Toomey and Cruz bills unfairly convicted, repeat offenders that should Mexico on March 6. paint immigrants and Latinos as crimi- not even be in the country. July 4, 2003: Lopez-Sanchez again il- nals and threats to the public, they ac- This is not a debate about immigra- legally reenters the U.S. and is appre- tually risk making us less safe. Sen- tion reform. Francisco Lopez-Sanchez hended by U.S. Border Patrol, this ator TOOMEY’s bill would require State is not a representative of the immi- time in Texas. and local law enforcement to become grant community. He is a criminal and November 7, 2003: Lopez-Sanchez is immigration agents and, in doing so, someone that should have been re- convicted of two Federal charges: re- would undermine basic community po- moved from the country when in the entry after removal and violation of a licing principles. It would undermine custody of the San Francisco’s sheriff’s supervised Federal release. He is sen- the trust and cooperation between po- department. For those that wish to de- tenced to 51 months and 21 months for lice officers and immigrant commu- fend this man or the policies that al- the charges, respectively. nities that is necessary to encourage lowed him to stay here, I would rec- June 29, 2009: After a lengthy prison victims and witnesses to step forward ommend looking clearly at his crimi- sentence, the U.S. Bureau of Prisons and report the crime that impacts us nal history and interactions with law hands Lopez-Sanchez over to ICE. He is all. It would weaken law enforcement’s enforcement while in the United immediately deported to Mexico. ability to apprehend those who prey on States. September 20, 2009: Lopez-Sanchez the public. And the draconian penalties February 2, 1993: Lopez-Sanchez is again reenters the U.S. illegally. This in this bill will hurt our communities, convicted of felony heroin possession in time, he is arrested by U.S. Customs which rely on Community Develop- Washington State criminal court and and Border Protection agents in Eagle ment Block Grants to fund crime pre- sentenced to 21 days in jail. Pass, TX. vention programs, provide housing for May 12, 1993: Lopez-Sanchez is con- October 14, 2009: A U.S. attorney for low-income families, support economic victed of felony narcotics manufac- the Western District of Texas files for development and infrastructure turing in Washington and sentenced to a reindictment of Lopez-Sanchez for il- projects, and rebuild communities dev- 9 months in jail. legal reentry after removal. He is astated by natural disasters. Not sur- November 2, 1993: Lopez-Sanchez is charged in September 2010 for violating prisingly, it is opposed by mayors, do- convicted of felony heroin possession in Federal probation. mestic violence groups, Latino and Pierce County, WA, and sentenced to 4 May 12, 2011: Lopez-Sanchez is sen- civil rights groups, and labor organiza- months in jail. tenced to 46 months in prison and 36 tions. June 9, 1994: Lopez-Sanchez is con- months of supervised release for illegal Senator CRUZ’s bill is also dangerous. victed of misdemeanor imitation con- reentry and probation violations. Two By creating two new mandatory mini- trolled substance in Multnomah, OR, months later, ICE places a detainer re- mums that will cost us billions of dol- and ordered to pay a fine. quest with the Bureau of Prisons upon

VerDate Sep 11 2014 02:03 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.044 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4793 his release from prison. In October 2013, Director Comey’s rationale for sys- She said: I have fully complied with ICE’s Southern California Security tematically and devastatingly recount- every rule I was governed by. Communities Support Center places a ing Secretary Clinton’s many viola- The inspector general of her own similar detainer request with the Bu- tions of the law and yet recommending State Department has concluded ex- reau of Prisons. against a prosecution is being hotly de- actly the opposite. March 26, 2015: After serving his sen- bated both outside and inside the FBI, Sending emails from a personal account to tence in Federal prison in Victorville, as it should be. other employees at their Department Ac- CA, Lopez-Sanchez is released and I rise in this body today, as a matter counts is not an appropriate method of pre- handed over directly to the San Fran- of oversight, to speak to a slightly dif- serving any such emails that would con- cisco sheriff’s department, which had a ferent matter than the prosecutorial stitute a Federal record. Therefore, Sec- warrant out for felony sale of mari- discretion and decision. The debate retary Clinton should have preserved any juana. The next day, ICE received an about why the crimes are not being Federal records she created and received on automatic electronic notification that prosecuted in this case should not blind her personal account by printing and filing those records with the related files in the of- Lopez-Sanchez had been placed into the us to a broader, debasing problem in fice of the Secretary. At a minimum, Sec- custody of the San Francisco sheriff’s our civic life today. Simply put, lying retary Clinton should have surrendered all department. ICE then placed a detainer matters. Public trust matters. Integ- emails dealing with Department business be- request with the sheriff to be notified rity matters. And woe to us as a nation fore leaving government service and, because prior to Lopez-Sanchez’s release. if we decide to pretend this isn’t so. she did not do so, she did not comply with April 15, 2015: The San Francisco This issue is not about political points the Department’s policies that were imple- sheriff’s department releases Lopez- or about Presidential politics. It is mented in accordance with the Federal Sanchez from its custody without noti- about whether the people can trust Records Act. fying ICE. their representatives, those of us who Regarding those subsequently surren- July 1, 2015: Lopez-Sanchez allegedly are supposed to be serving them in gov- dered emails, Mrs. Clinton has said: shoots Steinle on San Francisco’s Pier ernment for a limited time. After I left office, the State Department 14 as she is walking with her father and I am going to read today a series of asked former secretaries of state for our as- a friend. Steinle dies. Lopez-Sanchez is direct quotes from Secretary Clinton sistance in providing copies of work-related arrested soon after. regarding this investigation, and then I emails from our personal accounts. I re- As you can see, Lopez-Sanchez was will also read a series of direct quotes sponded right away and provided all my apprehended and deported five times by from Director Comey’s statement yes- emails that could have possibly been work- Customs and Border Protection. The terday, as well as from the State De- related. system failed Kate Steinle when San partment’s official inspector general Yesterday, Director Comey explicitly Francisco, a sanctuary city that re- report on this issue. I will not provide rejected this claim, noting not only fuses to cooperate with ICE, decided to a running commentary. I will, instead, that several thousand emails were release a convicted felon rather than simply recount the words and the as- missing but, also, that some of the contact DHS to have him deported to sertions of Secretary Clinton, and I emails she withheld were in fact classi- Mexico. will hold them up to the light of what fied. The bills we are voting on today the FBI and the State Department in- Director Comey said: would help prevent a similar tragedy vestigations have found. Sadly, this The FBI also discovered several thousand from happening again. S. 2193 will pro- will be damning enough. work-related e-mails that were not in the vide a 5-year mandatory minimum sen- When the story broke about the Sec- group of 30,000 that were [initially] returned tence for any illegal immigrant who re- retary’s use of a personal email ac- by Secretary Clinton to [the] State [Depart- enters the United States after having count and set of undisclosed servers, ment] in 2014. . . . With respect to the thou- been convicted of an aggravated felony she called a press conference at the sands of emails we found that were not or after having been twice convicted of among those produced to [the] State [De- United Nations on March 10 last year, partment], agencies have concluded that illegally reentering the United States. and she emphatically and without S. 3100 will withhold certain Federal three of those were [also] classified at the qualification declared this: time they were sent or received, one at the funds from cities with sanctuary poli- I did not email any classified material to Secret level. cies in an effort to convince these cit- anyone on my email. There is no classified Lest we be confused, here is Director ies to allow their law enforcement to material. Comey’s summary of the situation: cooperate with Federal immigration Period, full stop. officials. Yesterday, Director Comey said: Any reasonable person in Secretary Clin- I urge my colleagues to vote for clo- ton’s position, or in the position of those That is not true. government employees with whom she was ture on these two bills to prevent a fur- 110 e-mails in 52 e-mail chains have been ther tragedy like that suffered by the corresponding about these [classified] mat- determined by the owning agency to contain ters, should have known that an unclassified Steinle family. classified information at the time they were system was no place for that conversation. The PRESIDING OFFICER. The Sen- sent or received. Eight of those chains con- ator from Nebraska. tained information that was Top Secret at We could go on. There is more about Mr. SASSE. Madam President, I ask the time they were sent; 36 chains contained the foreign adversaries—on which all of unanimous consent to speak for as Secret information. us in this body get our classified much time as I may consume. Later, Secretary Clinton adjusted her briefs—that we know were and are The PRESIDING OFFICER. Is there defense to say: ‘‘I did not send nor re- today trying to hack sensitive U.S. objection? ceive information that was marked Government classified material. What I Without objection, it is so ordered. classified at the time that it was sent have presented here is not an opinion. FORMER SECRETARY CLINTON’S USE OF or received.’’ This is not political talking point or UNSECURED EMAIL SERVERS Yesterday, Director Comey directly spin. All we have done here is to re- Mr. SASSE. Madam President, yes- addressed and directly dismissed this count some of the specific defenses, terday, James Comey, the FBI Direc- defense, noting that while only a small claims, and excuses Secretary Clinton tor, announced that his agency will not number of the emails containing classi- has offered regarding her use of a set of recommend that the Department of fied information bore the markings in- unsecured, undisclosed off-the-books Justice bring Federal criminal charges dicating the presence of classified in- email servers and then contrasted against former Secretary of State Hil- formation, ‘‘even if information is not those claims with how both the FBI’s lary Clinton regarding her use of a set marked ‘classified’ in an e-mail, par- and the State Department’s inspectors of off-the-books, undisclosed, unse- ticipants who know—or should know— general have proved those claims to be cured email servers, not only for her that the subject matter is classified are clearly and knowingly false. own personal correspondence but also still obligated to protect it.’’ If any of Secretary Clinton’s defend- for her official duties, including highly Throughout this controversy, Sec- ers in this body would like to come to sensitive material related to foreign retary Clinton has maintained: ‘‘I the floor to dispute any of the FBI’s as- intelligence and related to terrorist [have] fully complied with every rule I sertions, I would welcome that con- targeting. was governed by.’’ versation.

VerDate Sep 11 2014 03:14 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.001 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4794 CONGRESSIONAL RECORD — SENATE July 6, 2016 These are serious matters, and they The PRESIDING OFFICER. Under Today we are going to vote on two deserve our serious attention. As elect- the previous order, there will be 30 different bills. We are going to take a ed officials, we have been entrusted for minutes of debate equally divided in procedural vote which will determine a time with the security of the Nation the usual form. whether we can proceed to two bills in- and with the trust of the people. Quite The Senator from Pennsylvania. spired by this terrible tragedy. First is apart from the specific questions and Mr. TOOMEY. Thank you, Madam my legislation called the Stop Dan- debates about whether Secretary Clin- President. gerous Sanctuary Cities Act, S. 3100. I ton is going to be convicted for her SANCTUARY CITIES LEGISLATION am grateful for my cosponsors, Sen- crimes, we must grapple with the re- I rise to address the legislation we ators INHOFE, VITTER, COTTON, JOHN- ality that the public trust, the rule of are going to be voting on later this SON, CRUZ, and WICKER. Let me explain law, and the security of our Nation afternoon, two procedural votes to how this is structured. have been badly injured by her actions. take up legislation. Both bills were in- There is a court ruling that has In the coming months, the next time spired by a horrendous event that oc- caused a number of municipalities that that a career military or intelligence curred almost exactly 1 year ago. On would rather not be sanctuary cities to officer leaks an important secret that July 1, 2015, a 32-year-old woman believe they need to become sanctuary is a legally defined classified matter named Kate Steinle was walking on a cities. The ruling is from the Third Cir- that relates to the security of our Na- pier in San Francisco with her dad, and cuit Court of Appeals, which has juris- tion and the security of our Nation’s out of nowhere comes a man who starts diction over my State of Pennsylvania, firing his weapon at her, shoots her, and also a Federal district court in Or- spies, who are putting their lives at and within moments Kate Steinle bled egon. They have held that if the De- risk today to defend our freedoms, one to death in her father’s arms. partment of Homeland Security makes of two things is going to happen: Ei- As appalling as that murder was, one a mistake—let’s say it is the wrong ther that individual will not be held ac- of the particularly galling things about John Doe—and they ask a police de- countable because yesterday the deci- it is that the shooter should never have partment somewhere to hold that per- sion was made to set a new, lower been on the pier that day. The shooter son, if it turns out they are holding standard about our Nation’s security had been convicted of seven felonies him wrongly, according to these court secrets, and we will therefore become and had been deported from America decisions, the local police department weaker, or, in the alternative, the deci- five times because he was here ille- can be held liable even though they sion will be made to hold that person gally. Even more maddening is that were just acting in good faith at the re- accountable, either by prosecution or just a few months earlier, San Fran- quest of the Department of Homeland by firing. In that moment, that indi- cisco law enforcement officials had him Security. vidual and his or her peers and his or in their custody. They had him, and Well, that doesn’t make any sense, her family will rightly ask this ques- the Department of Homeland Security, and it is easily corrected. My bill will tion: Why is the standard different for discovering that fact, put out a request correct it. What my bill says is that if me than for the politically powerful? that said: Hold on to this guy. Detain a person is wrongly held in such a cir- Why is the standard different for me, a him until we can get one of our guys cumstance where the local police are career intelligence officer or a career there to take him into custody because complying in good faith with a request soldier, than for the former Secretary we want to get him out of this country. from the Department of Homeland Se- of State? This question is about the He is dangerous; we know he is. curity, if that happens, the individual rise of a two-tiered system of justice, What did the San Francisco law en- wrongly held can still sue, they can one for the common man and one for forcement folks do? They said: Sorry, still go to court, but they wouldn’t go the ruling political elites. If we in this we can’t help you. They released him to court against the local police or body allow such a two-tiered system to onto the streets of San Francisco, from local municipality, they would take solidify, we will fail in our duties, both which he later shot and killed a per- their case against the Department of to safeguard the Nation and for the fectly innocent young woman. Homeland Security, where it belongs. people to believe in representative gov- Why in the world would the San After all, it was the error of the De- ernment and in equality before the law. Francisco law enforcement folks re- partment of Homeland Security that This stuff matters. Lying matters. lease a seven-time convicted felon, caused the person to be wrongly held. The dumbing down and the debasing of five-time deported person who was So that solves the problem of a munici- expectations about public trust matter. known to be dangerous, in the face of a pality being concerned about a liabil- Honor matters, and woe to us as a na- request from the Department of Home- ity that would attach to their doing tion if we decide to forget this obvious land Security? Why would they release the right thing. truth of republican government. such a person? Because San Francisco Given that solution, which is in our f is a sanctuary city, which means it is legislation, if we pass this and make the legal policy of the city of San this law, then there is no excuse what- RECESS Francisco to refuse to provide any in- soever for any municipality willfully The PRESIDING OFFICER. Under formation or to cooperate with a re- refusing to cooperate with Federal im- the previous order, the Senate stands quest to detain anyone when the De- migration and law enforcement offi- in recess until 2:15 p.m. partment of Homeland Security is re- cials. Thereupon, the Senate, at 12:47 p.m., questing such cooperation with respect The second part of my legislation recessed until 2:15 p.m. and reassem- to someone who is here illegally. This says that if a community neverthe- bled when called to order by the Pre- is madness. It is unbelievable that we less—despite a lack of legal justifica- siding Officer (Mrs. FISCHER). have municipalities that are willfully tion—chooses to be a dangerous sanc- f releasing dangerous people into our tuary city, well, then, they are going communities. to lose some Federal funds—specifi- EXECUTIVE SESSION Let me point out that the terribly cally, community development block tragic case of Kate Steinle is not a grant funds, which cities get from the unique case. According to the Depart- EXECUTIVE CALENDAR Federal Government. They love to ment of Homeland Security in an anal- spent it on all kinds of things. The PRESIDING OFFICER. Under ysis looking at an 8-month period in The fact is, sanctuary cities impose the previous order, the Senate will pro- 2014—the most recent period for which costs on the rest of us—security costs, ceed to executive session to consider we have data—sanctuary cities across costs to the risks we take, the un- the following nomination, which the America released 18,000 individuals and speakable costs the Steinle family in- clerk will report. 1,800 of them were later arrested for curred—so I think it is entirely reason- The senior assistant legislative clerk criminal acts. That is what is hap- able that we withhold this funding as a read the nomination of Brian R. pening across America, including in way to hopefully induce these cities to Martinotti, of New Jersey, to be United the great city of Philadelphia in my do the right thing. States District Judge for the District home State of Pennsylvania, which has I say there are two pieces of legisla- of New Jersey. become a sanctuary city. tion we will be taking procedural votes

VerDate Sep 11 2014 02:03 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.020 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4795 on today. The other is Kate’s Law. I national Union of Police Associations, tion of Judge Brian R. Martinotti to be commend Senator CRUZ for introducing which is an AFL–CIO entity. The re- a U.S. district court judge for the U.S. this legislation. As I pointed out, Kate ality is that the vast majority of local District Court for the District of New Steinle’s killer had been convicted of law enforcement wants to cooperate Jersey. I am very proud to support his seven felonies and deported five times. with the Federal Department of Home- nomination and grateful that my sen- How many times is this going to hap- land Security folks, immigration offi- ior Senator ROBERT MENENDEZ is here pen? What Kate’s Law simply says is cials, and law enforcement people be- as well. that there will be a mandatory 5-year cause they are all about keeping our Judge Martinotti is an outstanding prison sentence for someone who ille- communities safer and they don’t want public servant who has honorably gally reenters the United States after to release someone onto the streets served the people of New Jersey in both having already been convicted of an ag- who is likely to be a criminal or even private practice and public service for gravated felony and after having been a terrorist. decades. I am grateful that Judge convicted of at least two previous of- Let me stress that support for my Martinotti is finally getting the con- fenses of illegal reentry. If that gets legislation is bipartisan, and opposi- firmation vote he deserves more than a confusing, the bottom line is that they tion to the kind of sanctuary city pol- year after his nomination. I thank Sen- have come into the country four times icy that we have in Philadelphia is bi- ator MENENDEZ for his support of this illegally and have been convicted of an partisan. Ed Rendell is the former nomination throughout this long proc- aggravated felony. At some point, they mayor of Philadelphia, the former Gov- ess. need to go to jail, and that is what ernor of Pennsylvania, and the former During my first year within the Sen- Kate’s Law does. chairman of the Democratic National ate, I had the honor to recommend Let me get back to my legislation be- Committee, and he has criticized the Judge Martinotti to President Obama. cause there is a mistaken impression policy Philadelphia has put in place. He is a talented jurist, he has an im- and I want to set the record straight. Mayor Nutter—the recently outgoing pressive legal background, and he is Some have argued that if my legisla- mayor—reversed the sanctuary city more than qualified to be a Federal tion were passed, if we passed legisla- policy that they used to have in place judge. tion to correct the legal problem and because he realized it is a bad policy As a judge in the New Jersey Supe- then withhold funding from cities that for keeping Philadelphians and Penn- rior Court, Judge Martinotti is a well- become sanctuary cities, that might sylvanians safe. The Obama adminis- known and highly regarded leader in discourage victims of crime and wit- tration asked the Secretary of the De- the New Jersey legal community. As a nesses to crime from coming forward if partment of Homeland Security, Jeh State superior court judge, he served 14 they are here illegally because they Johnson, to travel to Philadelphia per- years and has judicial experience, hav- will have a fear of being deported. sonally, and he pleaded with Mayor ing presided over 90 cases that have Let’s be very clear. Our legislation Kenney, the mayor of Philadelphia, to gone to judgment. He previously served explicitly states that a locality and at least make some narrow exceptions as a public defender, a prosecutor, a municipality will not be labeled a to the sanctuary city policy precisely tax attorney, and even city council ‘‘sanctuary jurisdiction’’—so they so that when we have suspected terror- member, the same position where I would not be at risk for losing any Fed- ists in the custody of local police de- began my political career. He served as eral funds—if their policy is that when partments and the Department of a legal counsel for the Italian Amer- a person comes forward as a victim or Homeland Security discovers this, they ican Police Society and has worked in a witness to a crime, local law enforce- will get some cooperation so we can private practice for 15 years. ment does not share information with take custody of these people. Judge Martinotti has litigated both DHS and does not comply with a De- This, to me, is just common sense. It criminal and civil cases, which I am partment of Homeland Security re- is not principally about immigration; confident will make him a well-bal- quest for a retainer. In other words, it is almost entirely about security and anced jurist. Judge Martinotti pos- there is a big carve-out. There is an ex- keeping dangerous people off our sesses a sharp legal mind, a breadth of ception. There is a carve-out for people streets. experience, solid judicial temperament, The vote today is not a final disposi- who are victims of crime or witnesses and he is prepared to do the work of a tion of the legislation; it is a vote on of crime, so we don’t discourage people Federal jurist. whether we can even take it up and from coming forward. I think it makes The American Bar Association begin a debate. Standing Committee on the Federal perfect sense. I don’t know how anyone could de- Some have also argued erroneously Judiciary rated Judge Martinotti fend the proposition that we shouldn’t that my bill creates a mandate for even consider this legislation. If some- unanimously ‘‘well qualified,’’ giving local law enforcement to take on the one wants to oppose it, by all means. him their highest possible rating. Last October, the Judiciary Com- Federal immigration duties—duties But the vote we are going to have mittee voted unanimously in support that are a part of the Federal Govern- today is a procedural vote on whether of Judge Martinotti’s nomination. I am ment. The fact is, that is a misreading we proceed to this legislation and just of the legislation. Our legislation does begin this discussion. For me, it confident this well-qualified nominee not require local law enforcement to do shouldn’t be a question at all. For the will serve honorably on the Federal anything. It doesn’t even require that safety of the American people, we bench. While I am pleased Senate leadership local law enforcement comply with any ought to proceed with this legislation. has finally scheduled this vote, this requests from the Department of In my view, the life of Kate Steinle Homeland Security. What it says is matters. body still has work to do when it that you will be defined as a sanctuary I hope my colleagues will vote to en- comes to confirming more well-quali- city if you have local legislation that able us to proceed, and let’s have a vig- fied judicial nominees. Currently, our forbids cooperation. That is what it orous debate about the merits of this, Federal courts have 83 Federal vacan- says. So the police can make their best about whether we ought to tolerate cies nationwide, 30 of which have been judgment and can cooperate with the sanctuary cities that knowingly and deemed judicial emergencies. Despite administration when they see fit with- willfully refuse to cooperate with Fed- the number of vacancies, the pace of out being in violation of their own eral immigration and law enforcement judicial confirmations has been histori- laws. Our legislation does not at all im- officials. Let’s have the discussion, by cally slow. Last year, the Senate con- pede the enforcement of criminal law, all means, but let’s start by getting on firmed only 11 judicial nominees, and it does not impose any burdens. the bill so we can attempt to find a matching the record for confirming the There are four law enforcement consensus and resolution to this. fewest number of judicial nominees in groups that have endorsed my bill: the I yield the floor. more than half a century. Now, more Federal Law Enforcement Officers As- The PRESIDING OFFICER. The Sen- than 17 months into this Congress, sociation, the National Sheriffs’ Asso- ator from New Jersey. there have only been 20 judges who ciation, the National Association of Mr. BOOKER. Madam President, I have been confirmed. Yet, with a Police Organizations, and the Inter- rise today in support of the confirma- Democratic majority during the last 2

VerDate Sep 11 2014 02:03 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.023 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4796 CONGRESSIONAL RECORD — SENATE July 6, 2016 years of the Bush administration, the well regarded by those who have ap- live by them year-round. This means Senate confirmed 68 judges. peared before him on both sides of the that we should embrace those public I fear the Senate’s slow pace of con- table, the defense and the prosecution servants who, while working hard to firming judges will harm the judicial tables. That says more about the man build better lives for themselves and branch and make it harder for Ameri- than any list of cases he has heard. their families, enrich our communities cans to achieve simple justice in fed- He has a wealth of knowledge from and contribute so much to our Nation. eral courts. private practice, and that will help him We see the true meaning of patriot- Even after today’s vote, we still have as he deals with the practitioners who ism in those hard-working Americans 2 of the 17 judicial seats vacant in the will be before him. He has a wealth of who ask what they can do for their District of New Jersey and 24 judicial experience in mediation before the Ber- country and pursue public service. nominees pending on the Senate floor. gen County Superior Court, in the New Chief Judge Merrick Garland, who has We have to do better. Jersey State Board of Mediation, served for nearly two decades as a Fed- We do not yet have an agreement to American Arbitration Association, Na- eral judge on the DC Circuit Court of vote on the nomination of Judge Julien tional Arbitration and Mediation, and Appeals, is a perfect example. Chief Neals, whose nomination has now been as a court-approved mediator. Judge Garland also served for several pending before the Senate for 18 His experience is impeccable, going years in the Justice Department, where months. back to his time as a judicial law sec- he was charged with leading the Fed- His nomination has the support of retary for the Honorable Roger M. eral response to the deadliest act of do- both myself and Senator MENENDEZ Kahn and when he was a student at mestic terrorism in our history. This is and was unanimously passed out of the Fordham University and Seton Hall a person who makes us all proud to be Judiciary Committee last November. It University School of Law in Newark. Americans, but instead of honoring is time that Judge Neals’ nomination He has been a leader in New Jersey, Chief Judge Garland’s service, Senate receive a full Senate vote. Our Federal the very definition of a pillar of the Republicans have undertaken an unre- justice system cannot function as in- community, serving as a member of the lenting campaign of partisan obstruc- tended when critical posts are left va- Bergen County Law and Public Safety tion against his nomination to the Su- cant for months on end. It hurts our Institute, Palisades Medical Center, preme Court. economy, our civil rights, and the over- the March of Dimes, the Bergen County Recently, Reid Hoffman, the Silicon all principles of justice in our country. Community College Foundation, the Valley entrepreneur and founder of I urge our leadership to act to ad- Italian American Police Society of LinkedIn, penned an op-ed criticizing dress the judicial vacancy crisis. I also New Jersey, not to mention the many the Senate Republican blockade of urge my fellow Senators to vote to con- honors and awards he has received Chief Judge Garland’s nomination: firm Judge Martinotti as U.S. district from countless community organiza- ‘‘Effectively, [Majority Leader McConnell] judge for the Federal district court of tions. and his allies are in the midst of a year-long New Jersey. Thank you, Madam Presi- Given his experience, his tempera- strike. dent. ment, his proven abilities, and person- ‘‘Imagine if entire departments at Fortune The PRESIDING OFFICER. The sen- ally knowing the kind of man he is, it 500 companies announced they were going to ior Senator from New Jersey. is no wonder his name is before the stop performing key functions of their job Mr. MENENDEZ. Madam President, I U.S. Senate today. Indeed, the Amer- for a year or more, with no possibility of moving forward until a new CEO took over. am pleased to be joining my colleague ican Bar Association Standing Com- Investors would start dumping their stock. from New Jersey Senator BOOKER in his mittee on the Federal Judiciary unani- Customers would seek out alternatives. Com- recommendation to the President of mously rated him ‘‘well qualified’’ to petitors would make these companies pay for Judge Martinotti and today on the serve on the bench. That is the bar as- such dysfunctional gridlock. Eventually ex- floor in support of his confirmation. It sociation’s highest rating. ecutives and employees would be fired. was one of Senator BOOKER’s first op- As I have traveled the globe as a sen- ‘‘In Silicon Valley, such behavior would be portunities to recommend to the Presi- ior member of the Senate Foreign Re- corporate suicide.’’ dent an exemplary recommendation lations Committee, I can tell you that I could not agree more. We cannot that again I was very pleased to sup- when we talk about American allow Senate Republicans to unilater- port. exceptionalism, one of the elements of ally decide to refuse to do its job, and I rise to express to all of my col- American exceptionalism is the rule of essentially create ‘‘dysfunctional grid- leagues my wholehearted, enthusiastic law. As part of that rule of law, it is lock.’’ I ask unanimous consent that a support of Brian Martinotti’s nomina- the judicial functions that take place— copy of the article be printed in the tion and his confirmation by the Sen- where any citizen can expect to walk RECORD at the conclusion of my re- ate to the U.S. District Court for the into a courtroom in the Nation, find marks. District of New Jersey. In his life and themselves before a judge who is enor- Instead of scheduling a hearing for an in his career, he has shown himself to mously well qualified, and who can impeccably qualified nominee, Repub- be a judge with the necessary wisdom, have a fair day as it relates to the licans are holding Chief Judge Gar- experience, and judicial temperament issues they are litigating before that land’s nomination hostage in their the district court requires. court. That is an essential part of hopes that the Republican Party’s pre- For well over a decade, he has been a American exceptionalism. sumptive Presidential nominee will be superior court judge in Bergen County, Judge Martinotti, upon confirmation, elected and make a different nomina- NJ, which—for my colleagues who may will only enhance that American tion. This is the same candidate who not be familiar with the State—is a exceptionalism, far beyond even where has displayed a stunning misunder- densely populated county, with all the it is today. standing of the role of the judiciary inherent needs for someone such as I urge my colleagues to join us and and who accused a sitting Federal Judge Martinotti, who has repeatedly unanimously confirm this eminently judge of bias simply because of his her- shown the intellect, the judicial tem- qualified nominee to the U.S. District itage. While some Senate Republicans perament, and the observance of prece- Court for the District of New Jersey. have rightly condemned those racist dent—which I know is very important With that, I yield the floor. attacks on Judge Gonzalo Curiel, they to many of my colleagues—that it Mr. LEAHY. Madam President, this are still standing by the man who takes to make a fair judgment based on week we mark the signing of the Dec- launched those racist attacks. the law. laration of Independence and celebrate As former U.S. Attorney Steven Beyond his glowing record in the the values upon which this Nation was Dettelbach in Ohio put it in a recent family division and now in the civil di- founded. Back in Vermont, we cele- op-ed, ‘‘if country really does come be- vision, where he is handling a diverse brated on July 4 with parades and fire- fore party, how can anyone who calls caseload from complex mass tort liti- works displays, as did millions of himself an American leader still sup- gation to environmental lawsuits, Americans around the country. It is port this man who openly berates pub- housing issues, and countless other important, however, not only to cele- lic servants based on their race?’’ I ask areas, the fact is, he is exceptionally brate our values on July 4, but also to unanimous consent that a copy of the

VerDate Sep 11 2014 02:03 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.024 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4797 article be printed in the RECORD at the Senate Republicans must be respon- mean groupthink or lockstep consensus. conclusion of my remarks. sible and act on Chief Judge Garland’s Vital organizations and industries cultivate Senate Republicans’ partisan refusal nomination, as well as the 24 judicial diverse and competitive viewpoints, because to do their jobs extends to the lower it’s this very ‘‘clash of ideas’’ that tends to nominations that are languishing on produce innovation and adaptation. courts as well. In the 19 months that the Senate floor. But Silicon Valley situates its clash of Senate Republicans have had a major- There being no objection, the mate- ideas within a larger framework of coopera- ity, they have allowed just 21 votes on rial was ordered to be printed in the tion and compromise, under the premise that judicial nominations. As a result, Fed- RECORD, as follows: what’s good for the ecosystem as a whole will also benefit individual players, even if eral judicial vacancies have sky- [From Medium.com, June 29, 2016] rocketed. This is not how the Senate they sometimes have competing interests. OBSTRUCTIONISM IS TERRIBLE GOVERNANCE What’s striking about McConnell’s stance should operate, and the American peo- (By Reid Hoffman) is how vividly it illustrates DC’s preference ple deserve better. When Democrats As an entrepreneur and investor, I for reflexive obstruction over the kind of col- controlled the Senate during the last 2 prioritize construction and collaboration. laboration and consensus-building that char- years of President George W. Bush’s Whether it’s a five-person start-up or a glob- acterizes healthy and productive organiza- administration, we worked hard to con- al giant, the companies that are most pro- tions. firm judicial nominees with bipartisan ductive are the ones whose employees oper- It’s not as if the Constitution doesn’t give ate with a shared sense of purpose and a senators like McConnell broad room in support. During those 2 years, we con- which to operate in dissenting fashion. Spe- clear set of policies for responding to chang- firmed 68 of President Bush’s judicial cifically, Article II, Section 2 of the Con- ing conditions and new opportunities. nominees and reduced the number of stitution invests the President with the That’s why I’m so appalled by what’s hap- power to make appointments ‘‘by and with judicial vacancies to 34. We even held pening in the Senate this year, and how the advice and consent of the Senate.’’ hearings and confirmation votes into starkly it illustrates the differences between late September of the election year, be- This language clearly gives the Senate a Silicon Valley and Washington, DC. confirming but open-ended role. It doesn’t cause filling vacancies with qualified Just hours after Supreme Court Justice instruct the Senate to hold hearing within a nominees with bipartisan support is Antonin Scalia unexpectedly died in Feb- specific number of days, for example. It more important than scoring partisan ruary, Senate Majority Leader Mitch doesn’t even explicitly mandate that the points. Senate Republicans have not McConnell told the American people not to Senate must hold formal hearings or meet shared that priority, or else they would expect a replacement any time soon. The va- with a nominee. cancy created by Justice Scalia’s passing, never have allowed judicial vacancies The Constitution simply directs the Senate McConnell insisted, ‘‘should not be filled to advise the President in his effort to nomi- to nearly double from 43 to 83 since until we have a new president.’’ nate and appoint nominees. But how can the they have controlled the Senate, leav- Since then, Leader McConnell’s position Senate credibly and effectively fulfill this ing two dozen judicial nominations has remained unchanged—he won’t even obligation without making any effort to pending on the Senate floor. meet with any nominee until January 2017. gather information about nominees and de- The nominee the Senate will finally Effectively, he and his allies are in the midst liberate on their qualifications? vote on today, Brian Martinotti, was of a year-long strike. In keeping the language so broad in this nominated over a year ago to fill a va- Imagine if entire departments at Fortune instance, the Constitution effectively places 500 companies announced they were going to the Senate in far more than a rubber-stamp- cancy on the U.S. District Court for stop performing key functions of their job ing role. As Barack Obama himself suggested the District of New Jersey. Judge for a year or more, with no possibility of in 2006, when he was still a senator, the Sen- Martinotti has been awaiting a floor moving forward until a new CEO took over. ate arguably has the authority to examine a vote for over 250 days, even though his Investors would start dumping their stock. nominee’s ‘‘philosophy, ideology, and nomination was reported by voice vote Customers would seek out alternatives. Com- record,’’ not just his general character. by the Judiciary Committee last Octo- petitors would make these companies pay for What Article II, Section 2 ultimately does, in other words, is set the stage for clashes of ber. Since 2002, Judge Martinotti has such dysfunctional gridlock. Eventually ex- ecutives and employees would be fired. ideas, albeit within a larger framework of served as a judge on the Superior Court In Silicon Valley, such behavior would be collaboration and consensus. Importantly, of New Jersey. Prior to that, he spent corporate suicide. In Washington, DC, it’s the Constitution advises the Senate to work 15 years in private practice. Judge business as usual. ‘‘with’’ the President, not ‘‘against’’ him or Martinotti has also served as a public So Mitch McConnell’s strike goes on and in opposition to him. defender, as a prosecutor, and as a mu- on—he refuses to even meet with any nomi- And it presumes that the Senate will in- nee until a new president takes office. Other deed be working. nicipal tax attorney. The ABA Stand- Still, instead of holding hearings in which ing Committee on the Federal Judici- senators like Richard Burr (R–NC), Sen. Chuck Grassley (R–IA), and Rob Portman (R– to assess Judge Garland’s suitability for the ary unanimously rated Martinotti Court, McConnell and his colleagues are OH) have followed McConnell’s lead, either doing nothing. ‘‘Well Qualified’’ to serve on the dis- refusing to even informally meet with Judge If their obstructionism goes unchecked, it trict court, its highest rating. He has Garland, or meeting but still reflexively in- the support of his home State Sen- will continue harming American citizens in sisting that a formal Senate hearing is not very tangible ways. Having only eight Jus- ators, Mr. MENENDEZ and Mr. BOOKER. I an option. tices on the bench increases the possibility But the Constitution does not give the job support his nomination. of a deadlock. Even after today’s vote, there will of nominating and appointing Supreme When cases end in deadlock, nothing gets still be 24 judicial nominations lan- Court Justices to the next President—it decided. Resources are expended, and the guishing on the Senate floor. One of gives it to the current one. American public is left hanging until the Respecting the Constitution’s authority Court can hear the case again or consider an- them was reported at the same time as and the obligations of his job, President Judge Martinotti and has also been other case with similar issues. Obama nominated a potential replacement This has happened twice already—last awaiting a vote for over 8 months. We for Justice Scalia, Judge Merrick Garland, week when the Court deadlocked on an im- still do not have an agreement to vote on March 16. To date, only two Republican migration reform case, and in March, in a on the nomination of Edward Stanton senators—Senator Mark Kirk (R–IL) and case regarding whether individuals should be to the Western District of Tennessee. Susan Collins (R–ME)—have resisted peer required to guarantee their spouses’ loans. In 2010, the Senate voted unanimously pressure and publicly stated that Judge Gar- Traditionally, laws regarding this practice to confirm Mr. Stanton as the U.S. at- land should be given a formal hearing. The have differed in various parts of the country, rest are joining McConnell in his strike. torney for that district. His current creating confusion for small business owners In a 2013 op-ed, New York Times columnist and their spouses about what their obliga- nomination is supported by his two Re- Thomas L. Friedman explored the difference tions are. Unfortunately, this confusion and publican home State Senators, and he between Silicon Valley’s conception of col- lack of clarity will persist indefinitely be- was unanimously voice voted out of the laboration and Washington, DC’s. In the na- cause of the Court’s deadlock. Judiciary Committee. I hope the Re- tion’s capital, Friedman observed, collabora- What would happen if President Obama publican Senators from Tennessee will tion ‘‘is an act of treason—something you do told Congress not to bother passing any be able to persuade the majority leader when you cross over and vote with the other more bills this year, because he had decided party.’’ In Silicon Valley, companies that he would automatically veto any of them to schedule a vote for Mr. Stanton’s are ‘‘trying to kill each other in one market that made it to his desk? How many private nomination before we leave for the 7- [are] working together in another—to better sector organizations would tolerate per- week recess he has scheduled. serve customers.’’ sonnel who refuse to perform key job respon- It is the Senate’s duty to ensure that As Friedman went on to explain, Silicon sibilities until the current boss is replaced our independent judiciary can function. Valley’s version of collaboration doesn’t by someone new?

VerDate Sep 11 2014 04:36 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.045 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4798 CONGRESSIONAL RECORD — SENATE July 6, 2016 According to Gallup, 84 percent of Ameri- am the husband of an immigrant from Mex- The PRESIDING OFFICER. Without cans disapprove of the way Congress is doing ico and the father of our two children. And I objection, it is so ordered. its job. Or perhaps more accurately, not will defend him as an American, because Under the previous order, the ques- doing its job. what Donald Trump is doing is decidedly un- tion is, Will the Senate advise and con- Indeed, from 1900 through 1980, it took the American. Senate a median of 17 days after nomination sent to the Martinotti nomination? Curiel is a respected jurist. Before becom- Mr. THUNE. I ask for the yeas and to confirm or reject a Supreme Court nomi- ing a judge, he made a name for almost two nee. decades as a federal prosecutor, inves- nays. Like today’s senators, those senators took tigating and prosecuting Mexican drug car- The PRESIDING OFFICER. Is there a an oath to support the Constitution and tels. As a former U.S. attorney and career sufficient second? ‘‘faithfully discharge the duties of [their] of- prosecutor myself, I know firsthand that There appears to be a sufficient sec- fice.’’ these cases are some of the most difficult ond. Now, however, scorched-earth partisanship and dangerous in our criminal justice sys- The clerk will call the roll. has thoroughly compromised Congress’s abil- tem. That work earned Curiel death threats The senior assistant legislative clerk ity to operate functionally. More than 100 from those same Mexican cartels he fought, called the roll. days have passed since President Obama threats that did not deter him from pro- Mr. CORNYN. The following Senators nominated Judge Garland—and there aren’t tecting this nation for a moment. are necessarily absent: the Senator even any plans to begin hearings yet. Unlike Trump, Curiel comes from Mid- from South Carolina (Mr. GRAHAM) and No wonder so many Americans believe our western working-class roots. He was born government is severely broken. the Senator from Utah (Mr. LEE). just hours to the west of here—a place Mr. DURBIN. I announce that the If we truly want to make Congress a col- Trump will visit to become the GOP nomi- laborative enterprise that efficiently works nee—in Indiana. His parents came to this Senator from Ohio (Mr. BROWN) is nec- in the interests of the American people, the country and became citizens. His father essarily absent. American people must apply pressure di- worked in the steel mills, just like those who The PRESIDING OFFICER (Mr. rectly to senators like McConnell, Burr, and built our community, to help put his son TOOMEY). Are there any other Senators Portman. through both Indiana University and law in the Chamber desiring to vote? While some people might insist that these school. He was first appointed to the bench The result was announced—yeas 92, senators are simply fighting partisanship in California by another immigrant, Repub- nays 5, as follows: with partisanship, blocking a nominee that a lican Gov. Arnold Schwarzenegger, and then Democrat president is trying to force upon [Rollcall Vote No. 118 Ex.] elevated to the federal bench by President YEAS—92 American voters without their say, that’s a Obama after unanimous U.S. Senate con- false equivalency. firmation. Curiel’s life is a true American Alexander Flake Murray President Obama is a democratically elect- Ayotte Franken success story. Nelson ed official, faithfully discharging the duties Baldwin Gardner Paul None of this matters to Trump, though. All of his office. In democracies, we aren’t al- Barrasso Gillibrand Perdue that matters to Trump are that: 1) Trump ways governed by the people or the parties Bennet Grassley Peters thinks he is losing in the Trump University Blumenthal Hatch that we voted for. But when officials are Portman lawsuit before Curiel and 2) the judge’s par- Booker Heinrich elected, we must respect their authority, as Reed ents came to this country from Mexico, Boozman Heitkamp Reid long as they’re exercising that authority which is of course the only reason he can Boxer Heller Roberts within the bounds of whatever regulatory Burr Hirono Rounds possibly be losing the lawsuit. Apparently, Cantwell Hoeven frameworks are in place to guide them. (In Rubio when things don’t go Trump’s way, he plays Capito Inhofe this case, it’s the Constitution.) Sanders the race card. Cardin Isakson Every American citizen should understand Schatz In truth, Trump can’t hold a candle to Carper Johnson this. And our elected officials shouldn’t just Schumer Curiel. Unlike Trump, Curiel has done more Casey Kaine understand this—they should be setting an Scott than talk about protecting our borders. He Cassidy King example that all Americans can follow. In- Sessions spent two decades on the border, fighting Coats Kirk stead, McConnell and his colleagues are Shaheen dangerous drug cartels. Unlike Trump, Cochran Klobuchar doing the opposite. Collins Lankford Shelby Ultimately, they’re not telling President Curiel was not born as heir to a real estate Coons Leahy Stabenow Obama that they don’t think his nominee is empire. He earned all he has achieved Corker Manchin Tester through hard work and merit. Cornyn Markey Thune a good one. They’re saying that they refuse Tillis to acknowledge President Obama’s legit- I am a lawyer. I know that it can be frus- Cotton McCain trating when a case does not go your way. Cruz McCaskill Toomey imacy as an elected official. Udall But Trump’s response to losing in that case Daines McConnell This kind of partisanship is endemic in Vitter is to play the race card. That temperament Donnelly Menendez Washington, DC now. But this latest behav- Durbin Merkley Warner ior is such an egregious example of Congres- is not only unpresidential, it is dangerous. Enzi Mikulski Warren sional dysfunction that Senator McConnell Those supporting Trump need to re-evalu- Ernst Moran Whitehouse and his colleagues must be held accountable. ate whether lending their own credibility to Feinstein Murkowski Wicker That’s why I have signed this Change.org his racist rants is still tenable. If country Fischer Murphy Wyden petition urging McConnell to give Judge really does come before party, how can any- NAYS—5 Garland a hearing, and why I strongly en- one who calls himself an American leader still support this man who openly berates Blunt Risch Sullivan courage others to join me. Crapo Sasse Our elected officials must understand that public servants based on their race? we, the American people, expect them to per- As a U.S. attorney, I saw the way career NOT VOTING—3 form the duties of their office, even when law enforcement like Gonzalo Curiel worked Brown Graham Lee that means working with other elected offi- to protect us. As a parent, I tell my children The nomination was confirmed. cials from different parties. that all citizens in this nation must be The PRESIDING OFFICER. Under judged based on what they accomplish, not They must understand that we’re fed up the previous order, the motion to re- with business as usual in Washington, DC. how they look or where their parents were They must understand that we want leaders born. That is America. consider is considered made and laid who look for opportunities to collaborate Trump evidently understands neither of upon the table and the President will and work together productively, instead of these basic points. Trump and his supporters be immediately notified of the Senate’s pursuing obstructionism that serves political say they value plain talk. Well, here is some: action. parties rather than citizens. Ignoring a person’s record and judging him f So let Mitch McConnell know that it’s based on ethnic heritage is the definition of time to quit abdicating around. Tell him to racism. Trump did just that. What does that LEGISLATIVE SESSION do his job and schedule a hearing for Judge make him? The PRESIDING OFFICER. Under Merrick Garland now. Quack. the previous order the Senate will now Mr. MENENDEZ. I suggest the ab- resume legislative session. IS TRUMP’S ATTACK ON JUDGE RACIST? IF IT sence of a quorum. QUACKS LIKE A DUCK ... f The PRESIDING OFFICER. The (By Steven Dettelbach) clerk will call the roll. STOP DANGEROUS SANCTUARY Judge Gonzalo Curiel, the latest victim of The senior assistant legislative clerk CITIES ACT—MOTION TO PRO- Donald Trump’s racist attacks, is not al- CEED—Continued lowed to defend himself under the judicial proceeded to call the roll. rules. So I will defend him. Mr. THUNE. Madam President, I ask CLOTURE MOTION I will defend him as a fellow, former fed- unanimous consent that the order for The PRESIDING OFFICER. Pursuant eral prosecutor. I will defend him because I the quorum call be rescinded. to rule XXII, the Chair lays before the

VerDate Sep 11 2014 02:03 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.002 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4799 Senate the pending cloture motion, Tester Warner Whitehouse Sullivan Tillis Vitter which the clerk will state. Udall Warren Wyden Thune Toomey Wicker The senior assistant legislative clerk NOT VOTING—3 NAYS—42 read as follows: Brown Graham Lee Baldwin Heinrich Peters Bennet Hirono Reed CLOTURE MOTION The PRESIDING OFFICER. On this Blumenthal Kaine Reid We, the undersigned Senators, in accord- vote, the yeas are 53, the nays are 44. Booker King Sanders ance with the provisions of rule XXII of the Three-fifths of the Senators duly cho- Boxer Klobuchar Schatz Standing Rules of the Senate, do hereby sen and sworn not having voted in the Cantwell Leahy Schumer move to bring to a close debate on the mo- Cardin Markey Shaheen affirmative, the motion is rejected. Carper McCaskill Stabenow tion to proceed to Calendar No. 531, S. 3100, Casey Menendez Tester a bill to ensure that State and local law en- Coons Merkley Udall forcement may cooperate with Federal offi- f Durbin Mikulski Warner cials to protect our communities from vio- Feinstein Murphy Warren lent criminals and suspected terrorists who CLOTURE MOTION Franken Murray Whitehouse are illegally present in the United States. Gillibrand Nelson Wyden Mitch McConnell, Tom Cotton, Shelley The PRESIDING OFFICER. Pursuant NOT VOTING—3 Moore Capito, Mike Crapo, Thad Coch- to rule XXII, the Chair lays before the Brown Graham Lee ran, Jerry Moran, John Thune, John Senate the pending cloture motion, Hoeven, David Perdue, Orrin G. Hatch, which the clerk will state. The PRESIDING OFFICER. On this Daniel Coats, Pat Roberts, John Bar- The bill clerk read as follows: vote, the yeas are 55, the nays are 42. rasso, Bill Cassidy, Patrick J. Toomey, CLOTURE MOTION Three-fifths of the Senators duly cho- John Boozman, John Cornyn. sen and sworn not having voted in the We, the undersigned Senators, in accord- The PRESIDING OFFICER. By unan- ance with the provisions of rule XXII of the affirmative, the motion is rejected. imous consent, the mandatory quorum Standing Rules of the Senate, do hereby The Democratic leader. call has been waived. move to bring to a close debate on the mo- Mr. REID. Mr. President, it is my un- The question is, Is it the sense of the tion to proceed to Calendar No. 276, S. 2193, derstanding that the next matter we Senate that debate on the motion to a bill to amend the Immigration and Nation- will move to is the GMO cloture vote; proceed to S. 3100, a bill to ensure that ality Act to increase penalties for individ- is that right? State and local law enforcement may uals who illegally reenter the United States The PRESIDING OFFICER. The next after being removed and for other purposes. vote is the motion to invoke cloture cooperate with Federal officials to pro- Mitch McConnell, David Perdue, Pat tect our communities from violent Roberts, John Thune, Dan Sullivan, with regard to S. 764; that is correct. criminals and suspected terrorists who Roy Blunt, Chuck Grassley, Thom Mr. REID. I am going to take some of are illegally present in the United Tillis, Steve Daines, Jeff Sessions, my leader time now. It is the only time States, shall be brought to a close? John Barrasso, John Boozman, Richard in order. The yeas and nays are mandatory Burr, Mike Lee, Tim Scott, Deb Fisch- The PRESIDING OFFICER. Without under the rule. er, Joni Ernst. objection. The clerk will call the roll. The PRESIDING OFFICER. By unan- f imous consent, the mandatory quorum The legislative clerk called the roll. GMO BILL Mr. CORNYN. The following Senators call has been waived. Mr. REID. Mr. President, the Senate are necessarily absent: the Senator The question is, Is it the sense of the is about to hold a cloture vote on from South Carolina (Mr. GRAHAM) and Senate that debate on the motion to GMOs. This legislation—I personally the Senator from Utah (Mr. LEE). proceed to S. 2193, a bill to amend the need the conversations that are going Mr. DURBIN. I announce that the Immigration and Nationality Act to in- to take place if cloture is not invoked Senator from Ohio (Mr. BROWN) is nec- crease penalties for individuals who il- on this matter. I will be voting no on essarily absent. legally reenter the United States after cloture for that reason. I think it is The PRESIDING OFFICER. Are there being removed and for other purposes, wrong, and all I have to do is parrot any other Senators in the Chamber de- shall be brought to a close? what my friend the Republican leader siring to vote? The yeas and nays are mandatory said numerous times a year and a half The yeas and nays resulted—yeas 53, under the rule. ago and many years before that. He nays 44, as follows: The clerk will call the roll. The bill clerk called the roll. said that it is not fair to get on an im- [Rollcall Vote No. 119 Leg.] Mr. CORNYN. The following Senators portant piece of legislation and not YEAS—53 are necessarily absent: the Senator have an opportunity to offer amend- Alexander Enzi Paul from South Carolina (Mr. GRAHAM) and ments. That is true, but in addition to Ayotte Ernst Perdue the Senator from Utah (Mr. LEE). that, my friend the Republican leader Barrasso Fischer Portman said that we were going to have a new Blunt Flake Risch Mr. DURBIN. I announce that the Boozman Gardner Roberts Senator from Ohio (Mr. BROWN) is nec- sheriff in town. He was going to make Burr Grassley Rounds essarily absent. sure any matter that came before this Capito Hatch Rubio The PRESIDING OFFICER. Are there body had a full hearing in our commit- Cassidy Heller Sasse Coats Hoeven tees. On GMOs, that is not the case. Scott any other Senators in the Chamber de- Cochran Inhofe Sessions siring to vote? Certainly there have been none on this Collins Isakson Shelby bill. Corker Johnson The yeas and nays resulted—yeas 55, Cornyn Lankford Sullivan nays 42, as follows: In addition to that, we should have Thune Cotton Manchin [Rollcall Vote No. 120 Leg.] an amendment process. My friend the Crapo McCain Tillis Republican leader said there would be a Toomey YEAS—55 Cruz McConnell robust amendment process when he Daines Moran Vitter Alexander Donnelly McCain took over. If this is robust, it is a sad Donnelly Murkowski Wicker Ayotte Enzi McConnell Barrasso Ernst day in the world. NAYS—44 Moran Blunt Fischer Murkowski This is wrong. It is unacceptable to Baldwin Gillibrand Mikulski Boozman Flake Paul push through this important legisla- Bennet Heinrich Burr Gardner Murphy Perdue tion with no debate, no amendments, Blumenthal Heitkamp Murray Capito Grassley Portman Booker Hirono Nelson Cassidy Hatch Risch and without a hearing in the com- Boxer Kaine Coats Heitkamp Peters Roberts mittee. We owe it as a body for the Cantwell King Cochran Heller Reed Rounds Cardin Kirk Collins Hoeven American people to give this legisla- Reid Rubio tion proper consideration. Democrats Carper Klobuchar Sanders Corker Inhofe Casey Leahy Cornyn Isakson Sasse Schatz and Republicans alike should be con- Coons Markey Cotton Johnson Scott Schumer cerned about this. We must not stand Durbin McCaskill Crapo Kirk Sessions Shaheen Feinstein Menendez Cruz Lankford Shelby for the Republican leader jamming this Franken Merkley Stabenow Daines Manchin bill through the Senate, and that is

VerDate Sep 11 2014 02:03 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.027 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4800 CONGRESSIONAL RECORD — SENATE July 6, 2016 what is happening. I listened and I need [Rollcall Vote No. 121 Leg.] previously raised time and again have to listen to the debate on this legisla- YEAS—65 only been reaffirmed by the facts un- tion, and other Senators feel the same Alexander Enzi McConnell covered by Director Comey and the way. Members need to state their opin- Ayotte Ernst Menendez FBI’s investigation. ions and offer amendments. Baldwin Feinstein Moran It is now clear beyond a reasonable Barrasso Fischer Perdue doubt that Secretary Clinton behaved The Republican leader repeatedly Bennet Flake Peters promised—I repeat, repeatedly prom- Blunt Franken Portman with extreme carelessness in her han- ised—regular order and an open amend- Boozman Gardner Risch dling of classified information and that Burr Grassley Roberts she and her staff lied to the American ment process. I can’t get away from Capito Hatch Rounds the fact that he promised a robust Carper Heitkamp people and, at the same time, put our Rubio committee process. He trumpeted the Casey Heller Nation at risk. Cassidy Hoeven Scott First, Director Comey said unequivo- importance of committees. Once again Sessions Coats Inhofe cally that Secretary Clinton and her he has failed to live up to the promise Cochran Isakson Shaheen of what he would do. I assume he is not Coons Johnson Shelby team were ‘‘extremely careless in their Corker Kaine Stabenow handling of very sensitive, highly clas- living up to his own standards. Thune I am going to vote no on cloture, and Cornyn Kirk sified information.’’ He went so far as Cotton Klobuchar Tillis to describe specific email chains that I encourage my colleagues to do the Crapo Lankford Toomey same. I invite my Republican col- Cruz Manchin Vitter were classified at the Top Secret/Spe- leagues to do the same. That is what Daines McCain Warner cial Access Program level at the time Donnelly McCaskill Wicker they asked us to do, and I am asking they were sent and received—in other them to do that. It is simply too im- NAYS—32 words, at the highest classification portant to just push this through. Sen- Blumenthal Leahy Sanders level in the intelligence community. Booker Markey Remember, Secretary Clinton said ator MCCONNELL should respect his col- Sasse Boxer Merkley Schatz that she never sent emails that con- leagues, Democrats and Republicans, Cantwell Mikulski Schumer tained classified information. Well, and the importance of this legislation Cardin Murkowski Sullivan that proved to be false as well. The FBI by allowing regular order to take Collins Murphy Tester Durbin Murray Director made clear none of those place. Until that happens, I will oppose Udall Gillibrand Nelson Warren emails should have been on an unclas- cloture on this measure. Heinrich Paul Whitehouse Hirono Reed sified server—period—and that Sec- Wyden f King Reid retary Clinton and her staff should have known better. CLOTURE MOTION NOT VOTING—3 Director Comey noted that Secretary Brown Graham Lee The PRESIDING OFFICER. Pursuant Clinton’s actions were ‘‘particularly to rule XXII, the Chair lays before the The PRESIDING OFFICER (Mr. concerning’’ because these highly clas- Senate the pending cloture motion, GARDNER). On this vote, the yeas are sified emails were housed on a server which the clerk will state. 65, the nays are 32. that didn’t have full-time security staff Three-fifths of the Senators duly cho- The bill clerk read as follows: like those at other departments and sen and sworn having voted in the af- agencies of the Federal Government. CLOTURE MOTION firmative, the motion is agreed to. It is pretty clear that Secretary Clin- We, the undersigned Senators, in accord- NATIONAL SEA GRANT COLLEGE PROGRAM ton thought she could do anything she ance with the provisions of rule XXII of the AMENDMENTS ACT OF 2015 wanted, even if it meant sending classi- Standing Rules of the Senate, do hereby move to bring to a close debate on the mo- The PRESIDING OFFICER. The fied information over her personal, un- tion to concur in the House amendment with clerk will report. secured home server. It should shock an amendment to S. 764, a bill to reauthorize The senior assistant legislative clerk every American that America’s top and amend the National Sea Grant College read as follows: diplomat—someone who had access to Program Act, and for other purposes. House message to accompany S. 764, a bill our country’s most sensitive informa- Mitch McConnell, Mike Crapo, John to reauthorize and amend the National Sea tion—acted with such carelessness in Thune, Richard Burr, James M. Inhofe, Grant College Program Act, and for other an above-the-law sort of manner. Pat Roberts, Lamar Alexander, John purposes. Unfortunately, our threshold for Barrasso, Thad Cochran, Deb Fischer, Pending: being shocked at revelations like this Shelley Moore Capito, John Boozman, has gotten unacceptably high. I saw a Thom Tillis, David Perdue, Jerry McConnell motion to concur in the House Moran, John Hoeven, Roger F. Wicker. amendment to the bill, with McConnell (for poll reported recently that 81 percent Roberts) amendment No. 4935, in the nature of the respondents in that poll believed The PRESIDING OFFICER. By unan- of a substitute. Washington is corrupt. Public con- imous consent, the mandatory quorum McConnell amendment No. 4936 (to amend- fidence is at an alltime low, and we ask call has been waived. ment No. 4935), to change the enactment ourselves how that could be. Well, un- The question is, Is it the sense of the date. fortunately, it is the sort of activity Senate that debate on the motion to McConnell motion to refer the House mes- sage to accompany the bill to the Committee we have seen coming from Secretary concur in the House amendment with Clinton and her misrepresentations an amendment to S. 764 shall be on Agriculture, Nutrition, and Forestry, with instructions, McConnell amendment and—frankly, there is no way to sugar- brought to a close? No. 4937, in the nature of a substitute. coat it—her lies to the American peo- The yeas and nays are mandatory McConnell amendment No. 4938 (to (the in- ple—lies that were revealed in plain under the rule. structions) amendment No. 4937), to change contrast yesterday by Director The clerk will call the roll. the enactment date. Comey’s announcement. The legislative clerk called the roll. McConnell amendment No. 4939 (to amend- Secondly, we know the FBI found (Disturbance in the Visitors’ Gal- ment No. 4938), of a perfecting nature. that Secretary Clinton behaved at odds leries.) The PRESIDING OFFICER. The Sen- with the story she has been telling the The PRESIDING OFFICER. The Ser- ator from Texas. American people, as I said a moment geant at Arms will restore order in the FORMER SECRETARY CLINTON’S USE OF AN ago. To be blunt, yesterday’s an- gallery. UNSECURED EMAIL SERVER nouncement proved that she has not Mr. CORNYN. The following Senators Mr. CORNYN. Mr. President, some been telling the American people the are necessarily absent: the Senator have taken yesterday’s announcement truth for a long, long time now. When from South Carolina (Mr. GRAHAM) and by FBI Director Comey as vindicating news of her private server first broke, the Senator from Utah (Mr. LEE). Secretary Clinton for her use of a pri- Secretary Clinton said: Mr. DURBIN. I announce that the vate, unsecured email server. But that I did not e-mail any classified material to Senator from Ohio (Mr. BROWN) is nec- would be exactly the wrong conclusion anyone on my e-mail. There is no classified essarily absent. to draw. While the FBI did not rec- material. The yeas and nays resulted—yeas 65, ommend that the former Secretary of Yesterday, Director Comey made nays 32, as follows: State be indicted, the concerns I have clear that wasn’t true—not by a long

VerDate Sep 11 2014 03:29 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.033 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4801 shot. In fact, he said more than 100 countability that she feared would tion conducted by the FBI, and we emails on her server were classified, come from public recognition of her of- know that Director Comey said that no and, as I mentioned, that includes ficial conduct. So she wanted to do it reasonable prosecutor would seek an some of the highest levels of classifica- in secret, away from the prying eyes of indictment and prosecute Secretary tion. We are talking not just about government watchdogs and the Amer- Clinton for her actions. That being the some abstraction here. We are talking ican people. case, I would join my colleagues—Sen- about people gaining intelligence— The FBI may not have found evi- ator GRASSLEY, chairman of the Senate some in highly dangerous cir- dence of criminal intent, but there is Judiciary Committee, and others—who cumstances—who have been exposed to no doubt about her intent to evade the have called for the public release of the our Nation’s adversaries because of the laws of the United States—not just FBI’s investigation so we can know the recklessness or extreme carelessness of criminal laws that Director Comey whole story. That would also include Secretary Clinton and her staff. talked about but things like the Free- the transcript from the 31⁄2 hour inter- Another example: Secretary Clinton dom of Information laws, which make view that Secretary Clinton gave to also maintained that she gave the sure the American people have access the FBI, I believe just last Saturday. State Department quick access to all to the information that their govern- That way, the American people can of her work-related emails. Again, ac- ment uses to make decisions on their have access to all the information. cording to Director Comey, that wasn’t behalf. These are important pieces of What I suspect it would reveal—be- true either. He said the FBI discovered legislation that are designed to give cause it is a crime to lie to an FBI several thousand work-related emails the American people the opportunity agent, I suspect Secretary Clinton, per- that Secretary Clinton didn’t turn in to know what they have a right to haps for the first time, in her interview to the State Department 2 years ago. know so they can hold their elected of- with the FBI told the FBI the truth. If From the beginning, Secretary Clin- ficials accountable. I were her lawyer, I certainly would ad- ton and her staff have done their dead- In the end, this isn’t just a case of vise her: No matter what happens, you level best to play down her misconduct, some political novice who doesn’t un- had better tell the truth in that FBI even if that meant lying to the Amer- derstand the risks involved or someone interview because the coverup is some- ican people. To make matters even who doesn’t really understand the pro- thing you can be indicted for as well. worse, Director Comey confirmed that tocols required of a high-level govern- So I suspect what happened is that, Secretary Clinton’s actions put our na- ment employee. This is a case of some- in that FBI interview, she did tell the tional security and those who are on one who, as Director Comey pointed FBI the truth. That is where Director the frontlines protecting our national out, should have known better. Comey got so much of his information, I know Secretary Clinton likes to security in jeopardy. The FBI Director which he then used to dismantle brick talk about her long experience in poli- said that hostile actors had access to by brick the public narrative that Sec- tics as the spouse of a President of the the email accounts of those people with retary Clinton has been spinning to the United States when she served as First whom Secretary Clinton regularly American people for the last couple of Lady, as a United States Senator, and communicated with from her personal years. then as Secretary of State. But all of account. If transparency and accountability this experience, as Director Comey We know she used her personal are important, as Director Comey said said, should have taught her better email—in the words of the FBI Direc- yesterday, you would think that Sec- tor—‘‘extensively’’ while outside of the than she apparently learned. The bottom line is that Secretary retary Clinton would want to put this continental United States, including in Clinton actively sought out ways to behind her by also supporting the pub- nations of our adversaries. The FBI’s hide her actions as much as possible, lic release of this investigation, as well conclusion is that it is possible that and in doing so, she put our country at as the transcript of her interview with hostile actors gained access to her per- risk. For a Secretary of State to con- the FBI. I will be listening very care- sonal email account, which, as I said a duct official business—including trans- fully to see whether she joins us in moment ago, included information mitting and receiving information that making this request. But under the cir- classified at the highest levels recog- is classified at the highest levels cumstances, where she no longer has nized by our government. known by our intelligence commu- any credible fear of indictment or pros- My point is that this is not a trivial nity—on a private, unsecured server ecution, she owes to the public—and we matter. Remember that several months when sensitive national defense infor- owe to the public—that the entire evi- ago, Secretary Gates—former Sec- mation would likely pass through is dence be presented to them in an open retary of Defense and head of the CIA, not just a lapse of judgment; it is a and transparent way. That is why the serving both in the George W. Bush and conscious decision to put the American FBI should release this information, the Obama administrations—said he people in harm’s way. particularly the transcript of this thought the odds were pretty high that As Director Comey noted, in similar interview she gave to FBI agents for the Russians, Chinese, and Iranians circumstances, people who engage in 31⁄2 hours at the FBI’s headquarters had compromised Clinton’s server— what Secretary Clinton did are ‘‘often downtown. Then, and only then, will again, all the time while she is con- subject to security or administrative the American people be able to render ducting official business as Secretary sanctions’’; that is, they are held ac- a well-informed and an adequate judg- of State for the U.S. Government. countable, if not criminally, in some ment on her actions taken as a whole It was also reported last fall that other way. He said that obviously is because right now there appear to be Russian-linked hackers tried to hack not within the purview of the FBI. But nothing but good reasons why, in poll into Secretary Clinton’s emails on at he said that other people, even if they after poll after poll, people say they least five occasions. It is hard to know, aren’t indicted, will be subjected to se- just don’t trust her. much less estimate, the potential dam- curity or administrative sanctions. Mr. President, I yield the floor. age done to our Nation’s security as a Secretary Clinton evidently will not The PRESIDING OFFICER. The Sen- result of this extreme carelessness be prosecuted criminally, but she ator from Oregon. demonstrated by Secretary Clinton and should be held accountable. From the Mr. MERKLEY. Mr. President, I rise her staff. In reality, it is impossible for beginning, I have had concerns about today to address the bill before us, a us to know for sure. But what is clear what Secretary Clinton did and wheth- bill that presents itself as a labeling is that Secretary Clinton acted reck- er this investigation would be free of bill but which is deeply defective, with lessly and repeatedly lied to the Amer- politics. However one feels about the three major loopholes that mean this ican people, and I should point out that latter, it is clear that Secretary Clin- labeling bill will not label GMO prod- she didn’t do so for any particularly ton’s actions were egregious and that ucts, and I am going to lay out those good reason. None of the explanations there is good reason why the American challenges. Secretary Clinton has offered, conven- people simply don’t trust her and why First, I want to be clear that this is ience and the like, have held up to even she should be held accountable. about American citizens’ right to know the slightest scrutiny. Her intent was In closing, I would just say that we what is in their food. We have all kinds obvious, though. It was to avoid the ac- know there was an extensive investiga- of consumer laws about rights to know,

VerDate Sep 11 2014 03:29 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.036 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4802 CONGRESSIONAL RECORD — SENATE July 6, 2016 but maybe there is nothing as personal it is GMO corn, but under the defini- soy oil, sugar beet sugar. That is because, al- as what you put in your mouth or what tion of high-fructose corn syrup from though these products are derived from or you feed your family. That is why emo- GMO corn, it is suddenly not GMO. are GMOs, the level of DNA in the products tions run so deep. Citizens have a right Let’s talk about soybeans. When is very low and is generally not sufficient to be detected in DNA-based assays. to make up their own mind. Monsanto GMO soybeans become soy- We talk a lot about the vision of our bean oil, they magically are no longer That is the basic bottom line. That is country being a ‘‘we the people’’ de- GMO under the definition in this bill. loophole No. 1. mocracy, and certainly it was Jefferson Let’s talk about sugar beets. Mon- Let’s turn to Monsanto loophole No. who said ‘‘the mother principle’’ of our santo GMO sugar beets—when the 2. What this loophole is, is this law Republic is that we can call ourselves a sugar is produced and goes into prod- doesn’t actually require a label that Republic only to the degree that the ucts, it is suddenly, magically not says there are GMO ingredients. It pro- decisions reflect the will of the people, GMO sugar. vides a couple of options, voluntary. and that will happen only if the people Isn’t it a coincidence that this defini- Those options already exist in law so have an equal voice. tion is not found anywhere else in the that is not giving anything we don’t In this case, we have a powerful en- world? This bill happens to exclude the currently have. Under this law, a man- terprise—a company named Mon- three biggest products produced by ufacturer is allowed to put in a phrase santo—that has come to this Chamber Monsanto. Well, it is no coincidence. and say this product is partially de- with a goal, which is to take away the They are determined to make sure they rived from GMO ingredients or par- right of consumers across this Nation are not covered. High-fructose corn tially made from GMO ingredients. and take away the right of citizens syrup, sugar from GMO sugar beets, oil They can do that right now. It also across this Nation to know what is in from GMO soybeans—none of those are says the USDA will develop a symbol, their food. covered. and that symbol can be put on a pack- I am specifically referring to the This has been an issue of some debate age to indicate it has GMO ingredients. Monsanto DARK Act. Why is it called because folks have said: Well, the plain Somebody can voluntarily put on a language in the bill might be overruled the DARK Act? It is called the DARK symbol right now. If you don’t volun- and modified by the U.S. Department Act because it is an acronym: Deny tarily do those things that actually of Agriculture when they do rules. Of Americans the Right to Know. But it disclose it has GMO ingredients, this is course, a rule that contravenes the also very much represents the dif- the default. plain language of the bill would in fact ference between an enlightenment that We see here this barcode. It is also not stand. It wouldn’t be authorized. comes from information and knowl- referred to as a quick response code. It So what does the plain language of the edge, and a darkness that comes from says: Scan this for more information. bill say? It says: ‘‘The term ‘bio- suppressing information. Scan me. Of course, package after engineering,’ and any similar term, as James Madison, our country’s fourth package across America already has determined by the Secretary, with re- President and Father of the Constitu- barcodes. Package after package al- spect to a food, refers to a food . . . tion, once wrote: ready has quick response codes, as that contains genetic material that has Knowledge will forever govern ignorance: these are referred to, these square com- been modified.’’ puter codes—scan me for more infor- And a people who mean to be their own Gov- That was the magic language not ernors, must arm themselves with the power mation. It doesn’t say there are GMO which knowledge gives. found anywhere in the world—‘‘con- ingredients in this package. It doesn’t tains genetic material that has been That is what this debate is about— say: Scan here for more information on modified’’—because when you make the GMO ingredients in this food. No, whether citizens can arm themselves high-fructose corn syrup, when you with the knowledge, arm themselves just scan me. make sugar from sugar beets, when you Certainly, this defies the ability of with the power that knowledge gives. make soy oil from soybeans, that infor- anyone to look at that and say whether And this act before us, the Monsanto mation is stripped out. That is what there are GMO ingredients. All it does DARK Act, says: No, we are not going magically transformed a GMO ingre- is take you to a Web site. How do you to allow citizens to acquire in a simple dient to a non-GMO ingredient. way the information about whether the They have a second loophole, and get to that Web site? You have to have product they are considering buying that loophole says ‘‘for which the a smartphone. You have to have a dig- has genetically modified ingredients. modification could not otherwise be ital plan you pay for. You have to have There is something particularly dis- obtained through conventional breed- wireless coverage at the point that you heartening about that, and that is that ing.’’ Well, the ‘‘could’’ factor here cer- are there. You have to scan it and go to this is one of the few issues in the tainly raises all kinds of questions. In a Web site to find out—the Web site, by country about which you can ask Re- theory, is it possible to obtain through the way, will be written by the com- publicans, you can ask Democrats, you natural selection what we obtain pany that makes the food so it is not can ask Independents, and they all through genetic engineering? Well, going to be easy to find that informa- have the same answer. Basically, nine then suddenly it is not genetic engi- tion. out of ten Americans, regardless of neering. We haven’t been able to find The bill says it will be in the first party, want a simple indication on the out exactly which crop they are trying page of the Web site. There could be a package: Does this container include to protect, wave that magic wand, and lot of information on that Web page GMO ingredients? That is all—a sim- convert a GMO crop into a non-GMO and always in a different format. This ple, consumer-friendly right to know, crop, but certainly it is there for a spe- is not a label. This is an obstacle and this bill is all about taking that cific purpose. course. It is an obstacle course that away. What does this mean? This means causes you to spend your own money Let me turn to the three big loop- that if you look around the world and and your digital time. holes in this bill. you examine the labeling laws from the If I want to compare five different Monsanto loophole No. 1: A definition European Union or Brazil or China, products and see if they have a GMO that exempts the three major GMO corn oil, soybean oil, sugar from sugar ingredient and I have five versions of products in America. Isn’t it ironic to beets—all of those, if they come from a canned carrots, I can pick up that can, have a bill where the definition of GMO GMO form, GMO soybean, or GMO and if there is a symbol or a phrase has been crafted in a fashion never seen sugar beets, they are all covered. They that says ‘‘partially produced with ge- anywhere else on this planet, is not in are all covered everywhere in the world netically modified ingredients,’’ I can use by any of the 64 countries around except, magically, in this bill. pick that up, turn it over, and in 1 sec- the world that have a labeling law, and We have consulted many experts. The ond I get the answer. In 1 second, I can it just happens to be crafted to exclude language of the bill is very clear, but get the answer about the number of the three major Monsanto GMO prod- many experts have weighed in and they calories. In 1 second, I can get the an- ucts? What are those products? say things like this: swer of whether it contains peanuts. In The first is GMO corn when it be- This definition leaves out a large number 1 second, I can get the answer on how comes high-fructose corn syrup. Well, of foods derived from GMOs such as corn and much sugar it has. I can compare these

VerDate Sep 11 2014 03:29 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.038 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4803 five products in 5 seconds, which one— law—a definition that excludes the big Do they have a right to be concerned oh, here is the one I want. I want one Monsanto products, an obstacle course about the impact when this massive that does have GMO. I want one that instead of a label, and no enforcement. amount of weed killer flows off the doesn’t have GMO. That is a GMO This bill says we oppose the bill be- farms and into our streams and rivers label. cause it is actually a nonlabeling bill because that weed killer proceeds to This is an obstacle course. This pro- under the guise of a mandatory label- kill organisms in the rivers, in the vides no details unless you go through ing bill. That sums it up. It pretends to streams, altering the biology of the a convoluted system that takes up a be a labeling bill, but it is not. This is stream? Yes, they have a right to be lot of time. If I want to compare those a letter signed by 76 pro-organic orga- worried about that. five products, I would have to stand in nizations and farmer groups. Do they have a right to be concerned the aisle of the grocery store for 30 I had to do this very quickly. There when the huge application of minutes trying to go to different Web has been no hearing on this bill. For glyphosate is producing superweeds; sites, hoping there was wireless cov- this unique, never-in-the-world defini- that is, weeds growing near the fields erage. Quite frankly, that whole proc- tion that exempts the Monsanto prod- that are exposed so often that ess, no one would do that. That is ex- ucts, there has never been a hearing. mutations that make them naturally actly why Monsanto wants this code What kind of deliberative body is the resistant proceed to produce weeds because no one will use it. They don’t U.S. Senate when it is afraid to hold a that are resistant to glyphosate, mean- know they should use it for GMO ingre- hearing because people might point out ing you have to put even more weed dients because it doesn’t say it, and that a very powerful special interest, killer on the crops. they know it will take so much time Monsanto, had written a definition Do they have a right to be concerned that no busy person or not-so-busy per- that excludes their own products? when there is a genetic modification son would see that as a significant way Apparently, Senators are quaking in called Bt corn that actually causes pes- to obtain the data desired. their boots for fear the public might ticide to grow inside the cells of the Let’s say I am going shopping for 20 find out they just voted on a bill with corn plant? What is the impact of that items. If each of those items required a definition that excludes Monsanto on human health? We don’t yet know. comparing five products, if it was a 1- products so they didn’t want to risk a Yet that particular genetic modifica- second label, it would take up to 50 sec- hearing that would make that clear. tion that causes pesticide to be grow- onds of my time shopping for 20 prod- I am so appreciative of these groups. ing inside the cells of the plant is cov- ucts—or 100 seconds of my time, excuse While you can’t make out this print, it ering more than 90 percent of the corn me. In this case, if it took half an hour gives you a sense of what type of grown in America. That is a legitimate per product, it would be 10 hours stand- groups we are talking about from concern. ing in the grocery store, on just 20 across the country—the Center for Do the citizens have a right to be items, trying to figure out which vari- Food Safety, Food & Water Watch, Bio- concerned when they discover the in- ety does not contain GMOs. That ob- safety, the Cedar Circle Farm, Central sects a pesticide is designed to kill are stacle course, combined with the defi- Park West, Food Democracy, Farm evolving and becoming superpests and nition that excludes Monsanto prod- Aid, Family Farm Defenders, Good are becoming immune to that pes- ucts, comprises Monsanto loophole No. ticide; meaning, not only is there pes- 1 and Monsanto loophole No. 2. Earth Natural Foods, on and on—be- There is a third loophole in this bill. cause these groups believe citizens ticide growing in the cell of the plant, Wouldn’t it be wonderful, Monsanto have a right to know what is in their but now the farmer has applied pes- says, to have a bill with no enforce- food. ticide to the field as well, which was ment in it. When we look at other la- Some folks have said: Well, they the whole goal of ignoring that in the beling laws, there is always enforce- don’t deserve to have that right be- first place—that you wouldn’t have to ment. You violate this, there is a $1,000 cause this food is not going to do them do that. fine. You violate it again, there is a any harm. Boy, isn’t that Big Brother They have a right to be concerned. $1,000 fine or something of that nature. talking once again. The powerful Fed- They have a right to educate them- This is the type of provision we had in eral Government is going to make up selves. They have a right to make their our COOL Act. What was COOL? C-O-O- your mind for you and not going to own decision. This is a Big Brother bill L—Country of Origin Labeling, the allow you to have that power that if there ever was one, saying, for those COOL Act. That was something that comes from knowledge. who supported cloture on this bill: This required labeling to say that meat— As I noted earlier, James Madison bill says citizens do not have the right specifically, pork and beef—whether it wrote: ‘‘Knowledge will forever govern to know. We are going to have a label had been grown and processed in the ignorance: And a people who mean to that actually doesn’t label. We are United States of America. If I, as a pa- be their own Governors, must arm going to have a label that is an obsta- triotic American, wanted to support themselves with the power which cle course. We are going to have a defi- American farmers, American ranchers, knowledge gives.’’ nition that excludes a commonly un- I could do so because the meat had a Big Brother says we don’t want the derstood definition of what GMO crops label. people to have the power of knowledge; are, and we are going to have no en- What was the consequence of failing we don’t let them make their own deci- forcement. to provide that label? There was a fine. sion. Why is it so many people feel so This is not good work. This is not a This bill does not have a USDA fine. powerfully about this issue? First, var- deliberative Senate. Let’s send this bill This bill does not have any enforce- ious groups have determined a major to committee and have a complete ment. It is very clear. They cannot re- genetic modification that makes crops hearing on the deficiencies I am talk- call any product. They cannot ban a glyphosate-resistant, weed killer-re- ing about. Let’s invite Monsanto to product going to market. The only con- sistant is a health issue. Why is it a come and testify. Let’s invite the many sequence in this bill is the Secretary health issue? Because glyphosate is a scientists who weighed in about the could have the possibility of doing an probable human carcinogen. fact that this exempts the primary audit of a company that had been the That is something citizens have a GMO products in America. Let them subject of complaints and could dis- right to be concerned about, the possi- come and speak. Let all of us get edu- close the results of an audit. In a press bility of cancer. In areas where cated, not have this rammed through release, he could say: We have done an glyphosate is sprayed on crops, it has the Senate at the very last moment. audit of this company and they are not shown up even in samples of rainfall, There are individuals here who said: following the law. That is the con- and it has shown up in the urine of peo- Wait. Time is urgent because we can’t sequence—a public announcement. ple who live in that area. Do people have 50 different State labeling stand- Well, hardly anything this compel- have the right to be concerned about ards. We only have one State that has ling—it just invites people to ignore the fact that a weed killer is being a labeling standard, and that is this law. sprayed, and it is ending up in their Vermont. There is no real concern that At every level, Monsanto has under- urine? Yes, I think they do. They have we have two conflicting standards be- mined this being a legitimate labeling the right to be concerned about that. cause we only have one standard. Could

VerDate Sep 11 2014 03:29 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.040 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4804 CONGRESSIONAL RECORD — SENATE July 6, 2016 there be more than one standard down Food and Drug Administration, an- The PRESIDING OFFICER (Mr. the road? Yes, that is a possibility, but swered the question in technical guid- FLAKE). No, the hour remains. that is down the road. That doesn’t re- ance. They said: Absolutely they Mr. MERKLEY. I thank the Pre- quire us to act today. wouldn’t be covered. All kinds of other siding Officer. There are folks who say: Well, the experts weighed in and said: Absolutely The PRESIDING OFFICER. The Sen- Vermont law goes into effect July 1 so they wouldn’t be covered. Maybe that ator from West Virginia. is the type of information that we we have to act now to prevent the MILCON-VA AND ZIKA VIRUS FUNDING BILL Vermont law from going into effect. should have from a hearing on this bill. Mrs. CAPITO. Mr. President, I rise The Vermont law has a 6-month grace How about voting on a simple amend- today to emphasize the importance of period. It doesn’t go into effect until ment that clears up this confusion and the MILCON-VA and Zika conference January 1 of 2017. We have lots of time clearly uses a definition, not one writ- bill. As a member of the conference to hold hearings. We have lots of time ten by and for exempting three major committee that crafted this report and to embrace knowledge rather than to GMO Monsanto crops. We need a a member of the subcommittee that convey and enforce ignorance, lots of straightforward definition that is used drafted the Military Construction and time. So these arguments that are elsewhere and covers all of the prod- Veterans Affairs appropriations bill, I made about the urgency are phony ar- ucts that are ordinarily considered a cannot overstate the significance of guments. They are made to take and GMO. That is not too much to ask. this legislation. enable a powerful special interest to Let’s have a debate on that amend- Sadly, we have watched the Senate push through a bill that 90 percent of ment. We should vote on whether we Democrats play politics with critical Americans disagree with, to do it es- are going to have a clear definition in funding for our military, our veterans, sentially in the dark of the night by this bill. and funding to combat Zika. In my not having hearings, not on the House Let’s vote on changing the QR code. view, this stunt—and I call it a stunt side, not on the Senate side, not having The QR code has a phrase in it that because that is what it is—is both dan- a full debate on this floor. No, instead says: ‘‘Scan here for more food infor- mation.’’ What if this simply said: gerous and disheartening. It is an in- we are using an instrument that is a Scan here for information on GMO in- sult to the men and women who sac- modification of a House bill that is a gredients? Now we have a GMO label. rifice so much to keep us safe. It is a modification of a Senate bill because Now it would be truthful and authentic reckless game to play with our vet- procedurally it makes it easier to ram to say that this bill is going to require erans and public health across this this bill through without due consider- a GMO label simply by saying: ‘‘Scan country. ation. That is wrong. What I am asking for is a simple op- here for GMO ingredients in this prod- The conference report includes portunity to have a series of reasonable uct.’’ Let’s have an amendment that record-level funding for America’s vet- changes that language. I have such an amendments voted on, on the floor of erans. It fully funds the VA’s request amendment, and I would like to see us this Senate. Let’s actually embrace the for veterans’ medical services and pro- have a vote on it. To the proponents Senate as a deliberative body. There is vides an overall increase of nearly 9 who are saying this is a GMO labeling an amendment that would fix the defi- percent for our veterans programs. It bill, this would actually make it a nition. That is the amendment by Sen- includes measures for the Department GMO labeling bill. ator TESTER from Montana. That of Veterans Affairs to improve access I know the two Senators from and efficiency for military services. We amendment would simply say: The de- Vermont each have an amendment rivatives of GMO crops are GMO ingre- certainly know we have a long way to they would like to have considered, one go before we get satisfaction there. We dients. Soybean oil from GMO soybean of which would take the Vermont is a GMO ingredient. have a long way to go to reduce the standard and make it the national backlogs in claims processing, Many proponents of the bill said they standard, thereby making one single think that is what is going to happen strengthen our whistleblower protec- national standard, and another would tions, and improve information tech- with the regulation down the road. If grandfather Vermont in and say: Let’s you believe that is what will happen, nology in medical research. not roll over the top of Vermont. The drug epidemic plaguing our Na- then join us. Let’s correct the defini- Maybe there are a couple of other Sen- tion right now. Why have law cases? tion has unfortunately hit our veterans ators who have things that will im- community particularly hard, espe- Why go into our July break having prove this legislation. How about an passed something with a definition cially in my home State of West Vir- amendment that would actually put in ginia. The overdose rate in my State is that we don’t have a consensus on what the same authority to levy fines that it means? more than twice the national average. we have on the country-of-origin label- With almost 40 percent of our State’s I know what the plain language says. ing law. I have that amendment. What I know what it exempts as GMO crops, veterans using the VA health care sys- about a vote on that amendment? tem, it is vital that we strengthen the but some say: Well, maybe not, maybe These should be things that we can VA’s ability to help treat opioid addic- there is something that the USDA can come together on. tion. do to change that, and they will be cov- If you truly want to have a national ered. The USDA was asked that ques- labeling standard, you want a defini- Whether our veterans are recovering tion, and they wouldn’t answer it di- tion that has integrity and is con- from injuries obtained during their rectly. They sent back this very con- sistent with what is commonly under- service or tending to their daily health voluted legal language that said: Foods stood to be a GMO. You want to have a needs, this bill provides funding to give that might or might not have GMO or label that indicates there are GMO in- veterans a new lease on life. This in- non-GMO ingredients might possibly be gredients inside because that is au- cludes supporting the VA’s Opioid Safe- covered, of course, based on what other thenticity. You want to have the abil- ty Initiative—something I have been ingredients are in the food. ity to have the U.S. Department of Ag- very involved with—which improves Would the soybean oil from a GMO riculture levy a fine if people disobey pain care for those who have a higher soybean be considered a GMO ingre- the law so that it actually has some risk of opioid-related overdoses. It also dient? That is the question. The USDA teeth in it and some compelling force. encourages the VA to continually ex- needs to answer that yes or no instead That is what I am asking for. Let’s pand treatment services and better of this long, convoluted, lengthy dodg- have a vote on several basic amend- monitor our at-risk veterans. ing that occurred because they were ments rather than blindly embracing Another thing we can do for our vet- afraid to answer the question. That is ignorance and denying Americans the erans is ensure they have ample em- knowledge we could use on the floor of right to know. ployment opportunities as they transi- the Senate. Would high-fructose corn I thank the Presiding Officer. tion into civilian life—another problem syrup from GMO corn be considered a Mr. President, parliamentary in- we have identified. In West Virginia, GMO ingredient? The USDA wouldn’t quiry: Do I need to make any specific where the majority of our veterans live answer those questions directly, but request to reserve the remainder of my in rural areas—and as many of you lots of other folks did. The FDA, or the 1 hour? know, almost the whole State is

VerDate Sep 11 2014 03:29 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.041 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4805 rural—the unemployment rate is al- that is stuck in this stunt, does just the measures the administration has most 2 percent higher than the overall that. It takes the necessary and re- taken to stop ISIS have failed to re- national average. sponsible actions to protect Americans duce the group’s ability to carry out I recently witnessed something that from an outbreak. attacks. was great to see: an innovative The $1.1 billion allocated in this con- Testifying before Congress 3 weeks agritherapy program that helps our ference report is the same amount the ago, Director Brennan stated: ‘‘Unfor- veterans cope with PTSD. It has also Democrats supported just last month tunately, despite all our progress helped to arm our veterans with skills when an amendment addressing Zika against ISIL on the battlefield and in they can use to start a business. I met funding passed out of the Senate. It the financial realm, our efforts have several veterans who were suffering doesn’t make sense. Their reasoning not reduced the group’s terrorism capa- from PTSD who have embarked on an for opposing this funding lacks merit. bility and global reach.’’ agritherapy program using bees and The conference report does not prohibit Let me repeat that: ‘‘ . . . our efforts beekeeping. At Geezer Ridge Farm in access to any health service. In fact, it have not reduced the group’s terrorism Hedgesville—yes, it is Geezer Ridge—I provides the same access to health capability and global reach,’’ said CIA saw veterans use beekeeping to over- services that was in the President’s re- Director Brennan. come PTSD. To date, the program has quest. The conference report even ex- That is a pretty serious indictment helped create 150 new veteran-owned pands access to services by boosting of the Obama administration’s ISIS farms. funding for our community health cen- strategy or the lack thereof. If our ef- The benefits of agritherapy have been ters, public health departments, and forts have not reduced ISIS’s terrorism acknowledged by publications such as hospitals in areas most directly af- capability and global reach, then our Psychology Today and Newsweek. fected by Zika. The safety and health efforts are failing and we need a new However, we need research to further of Americans should be our No. 1 pri- plan, but that is something that Presi- explore the benefits of this type of ority. Sadly, the other side has chosen dent Obama seems unlikely to produce. treatment. That is why I offered a pro- to prioritize politics over the American Despite a halfhearted campaign vision in this bill calling for a pilot people. against ISIS, the President has never program at the VA to better under- We will have another opportunity to laid out a comprehensive strategy to stand agritherapy, and I am excited vote on this conference report, and I defeat the terrorist group. As a result, about what we learned. am hopeful that my Democratic col- ISIS’s terrorism capability and global While I was out there, I met a vet- leagues will do the right thing. Rather reach are thriving. Keeping Americans safe from ISIS re- eran who was suffering from PTSD and than blocking critical funding for vet- quires a comprehensive approach. It re- who was seeing a therapist once a week erans and the Zika response, we need quires not just containing but deci- because he was having such difficulty to join together to send this conference sively defeating ISIS abroad. It re- coping at the VA, and he got interested report to the President’s desk as soon quires controlling our borders and in beekeeping. He began to grow a busi- as possible. strengthening our immigration system. ness, to learn about bees, pollen and Thank you. It requires us to give law enforcement honey, the queen bee, and all those The PRESIDING OFFICER. The Sen- and intelligence agencies the tools and ator from South Dakota. kinds of things. He said that now he funding they need to monitor threats FIGHTING TERRORISM only sees a therapist every other abroad and here at home. It requires us month. He has such relief, and it gives Mr. THUNE. Mr. President, last week to secure the homeland by addressing him such a positive outlook for his fu- terrorists wearing suicide vests entered security weaknesses that would give ture, just by having this type of ther- the Istanbul airport and opened fire on terrorists an opening to attack. Unfor- apy available to him. travelers before detonating their vests. tunately, President Obama has failed This bill also prioritizes a full range Forty-five people were killed and more to adequately address these priorities, of programs to ensure that we honor than 200 were injured. While no group and at this late date, the President is our commitment to our men and has yet claimed responsibility, Turkish unlikely to change his approach. women in uniform and that we deliver officials believe that ISIS was behind The Republican-led Senate cannot the services our veterans have duti- the attack. force the President to take the threat fully earned. The list of ISIS-related terrorist at- posed by ISIS seriously, but we are Let’s talk for a moment about a tacks in the United States and against committed to doing everything we can growing public health threat facing us, our allies is steadily growing: Paris, to increase our Nation’s security. A and that is the Zika virus. We have all San Bernardino, Brussels, Orlando, and key part of defeating ISIS abroad is heard about it, and we have seen pic- Istanbul. Then, of course, there is the making sure the men and women of our tures of children who were born from constant barrage of attacks in the Mid- military have the equipment, the mothers who were infected by Zika. It dle East, such as last week’s deadly at- training, and the resources they need is very disheartening, sad, and difficult tack in Baghdad that resulted in the to win battles. to see and to think about those young death of 250 people. This month, the Senate will take up families starting out. So far the attacks in the United the annual appropriations bill to fund This conference report includes $1.1 States have been inspired by—rather our troops. This year’s bill focuses on billion to tackle Zika. With every con- than carried out by—ISIS, but that eliminating wasteful spending and re- versation I have and every statistic could change at any moment. In the directing those funds to modernize our and article I have read, I grow more wake of the Istanbul attacks, CIA Di- military and increase troop pay. It re- concerned. I think everybody does. I rector John Brennan stated he would jects President Obama’s plan to close spoke to a group of young students just be ‘‘surprised’’ if ISIS isn’t planning a Guantanamo Bay and bring suspected the other day. Young students are tun- similar attack in the United States. terrorists to our shores, and it funds ing in to this difficult problem. Given the terrorist violence in recent our efforts to defeat ISIS abroad. After hearing testimony before the months, it is no surprise that a recent The bill received unanimous bipar- Appropriations Committee and meet- FOX News poll found that an over- tisan support in the Appropriations ing with the CDC Director, I under- whelming majority of Americans, 84 Committee. I am hoping the outcome stand the immediate need to provide percent, think that ‘‘most Americans will be the same on the Senate floor. funds for research, prevention, and today are feeling more nervous than Last year, the Democrats chose to treatment. We are all vulnerable to confident about stopping terrorist at- play politics with this appropriations what the CDC Director told me is an tacks.’’ bill and voted to block essential fund- unprecedented threat. Unfortunately, they have reason to ing for our troops no fewer than three We must act to protect ourselves and be nervous because under President times, even though they had no real prevent the spread of this deadly virus. Obama we are not doing what we need objections to the actual substance of We must do it smartly, efficiently, and to be doing to stop ISIS. For proof of the bill. without wasting our taxpayers’ dollars. that, we have President Obama’s own Playing politics with funding for our This conference report that is stalled, CIA chief, who has made it clear that troops is never acceptable, but it is

VerDate Sep 11 2014 03:29 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.046 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4806 CONGRESSIONAL RECORD — SENATE July 6, 2016 particularly unacceptable at a time On top of that, Democrats are threat- ALZHEIMER’S CAREGIVER SUPPORT ACT when our Nation is facing so many ening to block this year’s Commerce- Ms. KLOBUCHAR. Mr. President, threats to our security. I hope this Justice-Science appropriations bill, today I rise with my colleague from time around Senate Democrats will which provides funding that the FBI Maine, Senator SUSAN COLLINS, to work with us to quickly pass this legis- and other key law enforcement agen- bring attention to the millions of lation. cies need to operate. Americans living with Alzheimer’s dis- In addition to funding our military, When the President’s CIA Director ease and related dementias and the lov- another key aspect to protecting our testified before Congress in June, he ing caregivers who take care of them. Nation from terrorist threats is con- told Members: ‘‘I have never seen a One in three seniors who die each trolling our borders. We have to know time when our country faced such a year has Alzheimer’s or related demen- who is coming into our country so that wide variety of threats to our national tia. The cost is incredible. In 2016, we we can keep out terrorists and anyone security.’’ will spend $236 billion caring for indi- else who wants to harm us. If criminals Given these threats, and especially viduals with Alzheimer’s. By 2050, and suspected terrorists do make it given the recent ISIS-inspired attack these costs will reach $1.1 trillion. across our borders, we need to appre- on our own soil, it is both puzzling and The one thing we know is we are see- hend them immediately. deeply troubling that Democrats would ing more and more people with Alz- One thing we can do right now to im- block the FBI’s No. 1 priority and then heimer’s. We are working diligently— prove our ability to keep criminals and play politics with the funding that will all of our doctors and medical profes- suspected terrorists off our streets is to help the agency track suspected terror- sionals—for a cure, but we know that, eliminate so-called sanctuary cities. ists in our country. in the meantime, we will have many Right now, more than 300 cities across As I mentioned above, the final es- family members involved in taking the United States have policies in sential element to protecting Ameri- care of them. place that discourage local law en- cans from terrorist attacks is address- Senator COLLINS and I have intro- forcement from cooperating with im- ing our vulnerabilities here at home. duced the Alzheimer’s Caregiver Sup- port Act, which authorizes grants to migration officials. That means that The recent terrorist attacks in public and nonprofit organizations to when a Homeland Security official Istanbul and Brussels highlighted vul- expand training and support services asks local authorities to detain a dan- nerabilities at airports we need to ad- for families and caregivers of patients gerous felon or suspected terrorist dress to prevent similar attacks in the with Alzheimer’s disease or related de- until Federal authorities can come col- United States. mentias. We think that these sisters lect the individual, these jurisdictions This afternoon, the House and Senate and brothers, sons and daughters, and may refuse to help. Sanctuary city announced they had reached agreement husbands and wives who are doing this policies have resulted in the release of on a final version of aviation legisla- caregiving all want to have the best thousands of criminals who could oth- tion. In addition to aviation safety quality of life possible for their loved erwise have been picked up by the De- measures and new consumer protec- one who has this devastating disease— partment of Homeland Security and de- tions—such as guaranteed refunds of and they want to be trained. If they baggage fees for lost or seriously de- ported. don’t have that ability to learn what Senator TOOMEY has offered a bill to layed luggage—this legislation pro- tools they can use when someone discourage these policies by with- vides one of the largest, most com- around them just starts forgetting holding certain Federal funds from ju- prehensive airport security packages in what they said 10 minutes before, they risdictions that refuse to help Federal years. need to learn how to take care of them, officials keep dangerous individuals off This legislation improves vetting of and many of them want to do that. Our the streets. I have to say that I am airport employees to address the in- bill simply gives them the tools to do deeply disappointed that this afternoon sider terrorist threat, the risk that an that. the Senate Democrats chose to block airport employee would give a terrorist I thank Senator COLLINS for her long- this important legislation. By opposing access to secure areas of an airport. It time leadership. this bill, Democrats are complicit in includes provisions to get more Ameri- I thank Senator CARPER, who moved making it easier for felons and sus- cans enrolled in Precheck to reduce the the schedule around a bit so we could pected terrorists to threaten our com- size of crowds waiting in unsecured talk about this important bill. munities. areas of our airports, and it contains I know Senator COLLINS wishes to Giving our intelligence and law en- measures to add more K–9 and other se- speak about this as well. forcement agencies the tools they need curity personnel at airports so we are The PRESIDING OFFICER. The Sen- to track terrorists is one of the most better able to deter attacks. In addi- ator from Maine. important ways we can prevent future tion, the bill requires the TSA to look Ms. COLLINS. Mr. President, before I attacks. at ways to improve security check- speak, I also extend my appreciation to In June, the Senate took up an points to make the passenger screening the Senator from Delaware. amendment to give the FBI authority process more efficient and effective. I rise today with my friend and col- to obtain records of suspected terror- I look forward to sending this legisla- league from Minnesota, Senator KLO- ists’ electronic transactions, such as tion to the President by July 15. As the BUCHAR, to briefly talk about the bill what Web sites they visited and how President’s own CIA Director made that we have introduced, the Alz- long they spent on those sites. The FBI clear, President Obama’s halfhearted heimer’s Caregiver Support Act, which has stated that obtaining this author- approach to countering ISIS has failed would provide training and support ity is one of its top legislative prior- to reduce the threat this terrorist or- services for the families and caregivers ities. ganization poses. of people living with Alzheimer’s and The agency already has authority to While I would like to think the Presi- other dementias. obtain similar telephone and financial dent will develop a greater seriousness As many caregivers can attest, Alz- records, but what the FBI Director de- about ISIS in the last 6 months of his heimer’s is a devastating disease that scribed as ‘‘essentially a typo in the Presidency, I am not holding out a lot exacts a tremendous personal and eco- law’’ has so far prevented the FBI from of hope. But whatever the President nomic toll on individuals, families, and easily obtaining the same records for does or fails to do, Republicans in the our health care system. For example, it Web sites. Fixing this intelligence gap Senate will continue to do everything is our Nation’s most costly disease. It would significantly improve the FBI’s we can to protect our country and to is one that affects more than 5.4 mil- ability to track suspected terrorists keep Americans safe from terrorist at- lion Americans, including 37,000 and to prevent attacks. Unfortunately, tacks. Mainers living with Alzheimer’s today. again, the majority of Senate Demo- I hope that Democrats in Congress That number is soaring as our older crats inexplicably voted against this will join us. population grows older and lives amendment, which I hope will be re- I yield the floor. longer. considered in the Senate in the near fu- The PRESIDING OFFICER. The Sen- Last year and this year, we have done ture. ator from Minnesota. a good job in increasing the investment

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There are many families across caregivers devote enormous time and special thanks to Senators KLOBUCHAR this Nation who know all too well the attention, and they frequently must and COLLINS for their leadership on this compassion, commitment, and endur- make many personal and financial sac- issue. This is one that hits close to ance it takes to be a caregiver of a rifices to ensure that their loved ones home for me and my sister and my loved one with Alzheimer’s disease. have the care they need day in and day family. Our mother had Alzheimer’s When I was in Maine recently, I saw out. When I was in Maine recently, I disease, dementia, and her mother and an 89-year-old woman taking care of saw an 89-year old woman taking care grandmother. So this is one I care a lot her 90-year-old husband with Alz- of her 90-year old husband with Alz- about, and I applaud their efforts to heimer’s. I met a woman in her fifties heimer’s; a woman in her, fifties who work together on a hugely important who, with her sisters, was juggling care with her sisters was juggling care of issue on a personal level as well as a fi- of their mother along with demanding their mother with their work sched- nancial one. work schedules. I discussed with an el- ules; and an elderly husband trying to For a long time, I thought Medicaid derly husband his own health problems cope with his own health problems as was a health care program for mostly as he tries to cope with taking care of well as his wife’s dementia. Most im- moms and kids. As it turns out, most his wife’s dementia. Most important, portant, however, these caregivers en- of the money we spend in Medicaid is these caregivers allow many with Alz- able many with Alzheimer’s to remain to enable elderly people, many with de- heimer’s to remain in the safety and in the safety and comfort of their own mentia, Alzheimer’s disease, to stay in the comfort of their own homes. homes. nursing homes. The lion’s share of the Last year, caregivers of people living According to the Alzheimer’s Asso- money is actually for seniors, many of with Alzheimer’s shouldered $10.2 bil- ciation, nearly 16 million unpaid care- them with dementia and Alzheimer’s lion in health care costs related to the givers provided 18 billion hours of care disease. So there is a fiscal component physical and emotional effects of valued at more than $221 billion in 2015. and a personal human component. caregiving. And that is why the bill These caregivers provide tremendous I thank the Senators for this. I have Senator KLOBUCHAR and I have intro- value, but they also face many chal- written down the information about duced is so important. It would help us lenges. Many are employed and strug- their bill, and I will be researching it do more to care for our caregivers. It gle to balance their work and through the night to see if I can join would award grants to public and non- caregiving responsibilities. They may them as a cosponsor. I thank them profit organizations like Area Agencies also be putting their own health at both, and I really appreciate what they on Aging and senior centers to expand risk, since caregivers experience high are doing. training and support services for care- levels of stress and have a greater inci- ISIS givers of people living with Alz- dence of chronic conditions like heart Mr. President, just before Senators heimer’s. disease, cancer, and depression. Last COLLINS and KLOBUCHAR took to the Mr. President, it has been estimated year, caregivers of people living with floor, one of our colleagues—one of my that nearly one out of two of the baby Alzheimer’s or related dementias three favorite Republican colleagues— boomer generation—our generation— shouldered $10.2 billion in health care spoke about ISIS and suggested that reaching 85 will develop Alzheimer’s if costs related to the physical and emo- we are not doing too well in the battle we are not successful with biomedical tional effects of caregiving. against ISIS. research. As a result, chances are that The bipartisan legislation we intro- I have a friend, and when you ask members of our generation will either duced on the last day of June—which him how he is doing, he says: Compared be spending their golden years with was Alzheimer’s and Brain Awareness to what? I want to compare now with Alzheimer’s or caring for someone who month—would help us do more to care where we were with ISIS about 2 years has it. It is therefore imperative that for our caregivers. It would award ago. we give our family caregivers the sup- grants to public and nonprofit organi- Two years ago, ISIS was on the port they need to provide high-quality zations, like Area Agencies on Aging march. They were almost knocking on care. and senior centers, to expand training the door of Baghdad. They stormed Our legislation has been endorsed by and support services for the families through Syria, through much of Iraq, the Alzheimer’s Association, the Alz- and caregivers of people living with headed toward Baghdad, and were heimer’s Foundation of America, and Alzheimer’s disease. stopped almost on the outskirts of UsAgainstAlzheimer’s. I urge all our The bill would require these organi- Baghdad. The question was, Can any- colleagues to support it. zations to provide public outreach on body stop them? Mr. President, to reiterate I rise the services they offer, and ensure that The United States, under the leader- today to speak in support of the Alz- services are provided in a culturally ship of our President, and other coun- heimer’s Caregiver Support Act that I appropriate manner. It would also re- tries said: Let’s put together the kind have been pleased to join my friend and quire the Secretary of Health and of coalition that George Herbert Walk- colleague from Minnesota, Senator Human Services to coordinate with the er Bush put together when the Iraqis KLOBUCHAR, in introducing. Our bill Office of Women’s Health and Office of invaded Kuwait many years ago. would provide training and support Minority Health to ensure that women, Some of us may recall that under the services for the families and caregivers minorities, and medically underserved leadership of former President Bush, of people living with Alzheimer’s dis- communities benefit from the program. we put together a coalition of I think ease or related dementias. As many It has been estimated that nearly one more than 40 nations. Everybody in the caregivers can attest, Alzheimer’s is a in two of the baby boomers reaching 85 coalition brought something to the devastating disease that exacts a tre- will develop Alzheimer’s. As a result, fight. Among other things, we brought mendous personal and economic toll on chances are that members of the baby some airpower and some troops on the individuals, families, and our health boom generation will either be spend- ground. Other countries, like the Japa- care system. ing their golden years with Alzheimer’s nese, didn’t send any military forces, It is our Nation’s most costly dis- or caring for someone who has it. It is but they provided money to help sup- ease. Approximately 5.4 million Ameri- imperative that we give our family port the fight. We had Sunni nations, cans are living with Alzheimer’s dis- caregivers the support they need to we had Shia nations, and we had na- ease today, including 37,000 in Maine, provide high quality care to their loved tions from NATO. It was a very broad and that number is soaring as our over- ones. Our legislation has been endorsed coalition, and we were ultimately very all population grows older and lives by the Alzheimer’s Association, Alz- successful in pushing Saddam Hussein longer. If current trends continue, Alz- heimer’s Foundation of America, and and the Iraqis out of Kuwait and ena- heimer’s disease could affect as many UsAgainstAlzheimer’s, and I urge all of bling the Kuwaitis—even today—to live as 16 million Americans by 2050. our colleagues to support it. as a free people.

VerDate Sep 11 2014 05:25 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.048 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4808 CONGRESSIONAL RECORD — SENATE July 6, 2016 So when we hear people talk about moving in against a common target, Part of what we need to do is to how things are going with respect to and that is Raqqah. make sure folks in this country don’t ISIS, let me say this: Compared to So how are we doing? Compared to get further radicalized. I think one of what? Compared to 2 years ago, a heck what? Compared to 2 years ago, we are the best ways to make sure they are of a lot better—a whole lot better. doing a heck of a lot better. And it is not going to get radicalized is to not You may remember that 2 years ago, not just the United States. We don’t have one of our candidates for Presi- ISIS had the Iraqis on the run. The want to have boots on the ground, but dent saying we ought to throw all the Iraqi soldiers were running away, leav- there are a lot of ways we can help. As Muslims out of this country, send them ing all kinds of equipment behind for it turns out, there are a lot of other na- all home. If that doesn’t play into the the ISIS folks to take over. ISIS came tions in our coalition that are helping hands of ISIS, I don’t know what does. in and took control of the oilfields and as well. That is not the way to make sure we took over banks and looted them. So far in this fight in the last 18 reduce the threat of jihadism in this Two years ago, they were attracting months or so, we have killed I think country; it actually incentivizes and is 2,000 fighters per month from around over 25,000 ISIS fighters. We have like putting gasoline on the fire. the world. Every month, 2,000 fighters taken out roughly 120 key ISIS leaders. What the administration, what the were going to Iraq and Syria to fight We have reduced the funds of ISIS by Department of Homeland Security is with ISIS. How about last month? Two at least a third. I am told that we have trying to do, and what I am trying to hundred. cut in half the amount of money they do in our Committee on Homeland Se- Two years ago, the ISIS folks were are getting from oil reserves, from oil curity is to make sure we reach out to attracting 10 Americans per month to wells and so forth that they had taken the Muslim community not with a fist the fight in Iraq and Syria—10 Ameri- over. and saying ‘‘You are out of here,’’ but cans per month 2 years ago. Last It is not time to spike the football, in the spirit of partnership. They do month? One American. but I think anybody who wanted to be not want their young people to be The land mass that the ISIS folks evenhanded in terms of making radicalized and go around killing peo- took over to create their caliphate was progress toward degrading and destroy- ple. That is not what they want. We about half of Iraq—not that much, not ing ISIS would say it is not time to need to work with people of faith, peo- half of Iraq, but they had taken over spike the football but it is time to in- ple in the Muslim community, with large parts of Iraq. Today, with the al- flate the football. families, and with nonprofit organiza- liance, we have retaken I think at least We are on the march. We are on the tions and others to make sure it is half of that. With American airpower march—and not just us but a lot of oth- clear that we see them as an important and American intelligence, with some ers. We have two carriers groups, one part of our country. We are not inter- support on the ground—but mostly in the Mediterranean and another in ested in throwing them out of this Iraqis and Kurds and other components the Persian Gulf. I understand that F– country. There are a lot of them mak- of our coalition have enabled the Iraqis 16s and F–18s are flying off those air- ing great contributions to this coun- to retake what we call the Sunni Tri- craft in support of these operations. We try. We want them to work with us and angle, which includes Ramadi, Tikrit, have B–52s still flying. They are oper- we want to be a partner with them to and Fallujah. That is the triangle in ating out of Qatar. We have A–10s oper- reduce the incidence of terrorism by western Baghdad where a whole lot of ating out of someplace. We have to op- Muslims and, frankly, any other faith the Sunnis live. And a lot of the boots erate flights, I believe, out of Iraq and that might be radicalized here. on the ground were not ours. The boots maybe even out of Turkey, maybe even That isn’t why I came to the floor, on the ground were those of the Iraqi out of Jordan—not necessarily all— Mr. President, but I was inspired by Army, which is starting to show a maybe even out of Kuwait. So there are one of my colleagues whom I greatly sense of cohesiveness and a sense of a lot of assets involved—a lot of their admire. fight we didn’t see 2 years ago. assets involved—and I think to good ef- FEDERAL RECORDS ACT Up in the northern part of Iraq, there fect. What I want to talk about, Mr. Presi- is a big city called Mosul which is I am a retired Navy captain. I served dent, is something that, when you being surrounded by forces of the alli- three tours in Southeast Asia during mention it, people really light up. It ance that include not so much U.S. the Vietnam war. I am not a hero like really excites them; and that is the troops on the ground—we have some JOHN MCCAIN and some of our other Federal Records Act. It will likely lead support troops on the ground. We cer- colleagues, but I know a little bit the news tonight on all the networks. tainly have airpower there. We are pro- about doing military operations with It is actually topical and I think im- viding a fair amount of help in intel- units of other branches of the service portant. Maybe when I finish, folks— ligence, and we will have elements of or even in the Navy—naval air, work- the pages who are sitting here dutifully the Kurds, their forces, the Iraqi Army, ing with submarines, working with listening to my remarks—will say: and some other forces, too, sur- service ships. It is difficult and com- That wasn’t so bad. That was pretty in- rounding Mosul. My hope and expecta- plicated. Try to do that with other teresting. tion—we are not going to rush into it— countries speaking different languages So here we go. is that we are getting ready to gradu- and having different kinds of military Mr. President, I rise this evening to ally go into that city, try to do it in a traditions and operating norms, and it address the importance of the Federal way the civilians there do not get is not easy to put together a 16-nation Records Act and the recent attention killed unnecessarily. It is something alliance and be an effective fighting that has been given to the Federal Gov- we are going to do right, and I think machine all at once. But we are getting ernment’s recordkeeping practices dur- ultimately we will be successful. there. We are getting there. We are ing investigations into former Sec- If you go almost due west from Mosul making progress, and I am encouraged. retary of State Hillary Clinton’s use of toward Syria, you come to a big city But I would say, if I could add one a personal email server. called Raqqah, and that is essentially more thing—and then I want to talk Yesterday, as we all know, FBI Di- the capital—almost like the spiritual about what I really wanted to talk rector James Comey announced that capital of the caliphate the ISIS folks about, Mr. President—there is a fellow the FBI had completed its investiga- are trying to establish. Raqqah is now named Peter Bergen who is one of the tion into Secretary Clinton’s use of a being approached from the southwest foremost experts in the country and in personal email server. After an inde- by Syrian Army forces, some Russian the world maybe on jihadi terrorism. pendent and professional review that airpower, and for us from the north- He points out that if you go back to lasted months, the FBI recommended east—not American ground forces but the number of Americans who have to the Justice Department that based Kurds and others and US airpower. It is been killed since 9/11 by jihadi terror- on the facts, charges are not appro- almost like a pincer move, if you will. ists in our country, they have all been priate and that ‘‘no reasonable pros- Two forces that are not ours but seen killed by American citizens or people ecutor’’ would pursue a case. as allies—one led by the United States who are legally residing in this coun- In addition, the State Department’s and the other by the Russians—are try. inspector general recently concluded

VerDate Sep 11 2014 03:29 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.050 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4809 its review of the recordkeeping prac- cases, each employee must manually unprecedented level of transparency. tices of several former Secretaries of choose which emails are work-related Never before have so many emails from State, including those of Secretary and should be archived and then they a former Cabinet Secretary been made Clinton. print out and file them in hard-copy public—never. I would encourage the While these investigations have been form. Imagine that. We can do better American people to read them. What the subject of much discussion in the and frankly we must. they will show is, among other things, media and here in the Senate, I just Fortunately, better laws have helped someone working late at night, work- want to put into context the findings spur action and push the agencies to ing on weekends, working on holidays and their relation to Federal record- catch up with the changing tech- to help protect American interests. keeping. nologies. In 2014, Congress took long- The more you read, the more you will The truth is, for decades, and across overdue steps to modernize the laws understand her service as Secretary of Republican and Democratic adminis- that govern our Federal recordkeeping State. She called a dozen foreign lead- trations, the Federal Government has requirements. We did so by adopting ers on Thanksgiving in 2009. What were done an abysmal job when it comes to amendments to the Federal Records the rest of us doing that day? She dis- preserving electronic records. When Act that were authored by our House cussed the nuclear arms treaty with Congress passed the Federal Records colleague ELIJAH CUMMINGS and ap- the Russian Ambassador on Christmas Act over 60 years ago, the goal was to proved unanimously both by the House Eve. What are most of us doing on help preserve our Nation’s history and of Representatives, where he serves, Christmas Eve? She responded quickly to ensure that Americans have access and right here in the United States to humanitarian crises like the earth- to public records. As we know, a lot has Senate. Today, employees at executive quake in Haiti. changed in our country since that time agencies may no longer conduct offi- due to the evolution of information Finally, I should point out that the cial business over personal emails issue of poor recordkeeping practices technology. Today, billions of docu- without ensuring that any records they ments that shape the decisions our and personal email use are not unique create in their personal accounts are to this administration or to the execu- government makes are never written properly archived in an official elec- down with pen and paper. Instead, tive branch. Many in Congress were tronic messaging account within 20 upset when poor recordkeeping prac- these records are created digitally. days. Had these commonsense meas- They are not stored in a filing cabinet, tices of President George W. Bush’s ad- ures been in place or required when ministration resulted in the loss of they are not stored in a library or an Secretary Clinton and her predecessors archive somewhere but in computers White House documents and records. I were in office, the practices identified remember that. At times, Members of and in bytes of data. in the inspector general’s report would Because of a slow response to techno- Congress have also used personal email not have persisted over many years and logical change and a lack of manage- to conduct official business, including multiple administrations, Democratic ment attention, agencies have strug- some who are criticizing Secretary and Republican. Secretary Clinton, her gled to manage an increasing volume Clinton today, despite it being discour- team, and her predecessors would have of electronic records and in particular aged. gotten better guidance from Congress email. In fact, the National Archives Now that the FBI has concluded its on how the Federal Records Act applies and Records Administration, the agen- review, I think it is time to move on. to technology that did not exist when cy charged with preserving our Na- Instead of focusing on emails, the the law was first passed over 60 years tion’s records, reported that 80 per- American people expect us in Congress cent—think about this, 80 percent—of ago. Let’s move forward. Moving forward, to fix problems, not to use our time agencies are at an elevated risk for the it is important we continue to imple- and resources to score political points. improper management of electronic ment the 2014 reforms of the Federal As I often say, we lead by our example. records. As the inspector general’s re- Records Act and improve record- It is not do as I say, but do as I do. All cent report showed, the State Depart- of us should keep this in mind and ment is no exception to this govern- keeping practices throughout the Fed- eral Government in order to tackle focus on fixing real problems like the mentwide problem. American people sent us to do. The report found systemic weak- these longstanding weaknesses. While Before I yield, I was privileged to nesses at the State Department, which doing so, it is also imperative for us to spend some time, as the Presiding Offi- has not done a good job for years now keep pace as communications tech- cer knows, as Governor of my State for when it comes to overseeing record- nologies continue to evolve. While it is 8 years. After I was elected Governor, keeping policies and ensuring that em- not quick or glamorous work, Congress but before I became Governor, all of us ployees not just understand what the should support broad deployment of rules are but actually follow those poli- the National Archives’ new record who were newly elected and our cies. The report of the inspector gen- management approach called Capstone. spouses were invited to new Governors eral and the report of the FBI also Capstone helps agencies automatically school for new Governors and spouses found that several former Secretaries preserve the email records of its senior hosted by the National Governors As- of State, or their senior advisers, used officials. sociation. That would have been in No- personal emails to conduct official Now, I understand Secretary Clinton vember of 1993. The new Governors business. Notably, Secretary Kerry is is running for President, and some of school, for new Governors and spouses, the first Secretary of State—I believe our friends in Congress have chosen to was hosted by the NGA, the chairman in the history of our country—to use a single her out on these issues I think of the National Governors Association, state.gov email address, the very first largely for that reason—because she is and by the other Governors and their one. a candidate—but it is important to spouses within the NGA. They were our The fact that recordkeeping has not point out that in past statements, Sec- faculty, and the rest of us who were been a priority at the State Depart- retary Clinton has repeatedly taken re- newbies, newly elected, we were the ment does not come as a surprise, I am sponsibility for her mistakes. She has students. We were the ones there to sure. In a previous report, the inspec- also taken steps to satisfy her obliga- learn. We spent 3 days with veteran tor general of the State Department tions under the Federal Records Act. Governors and spouses, and those of us found that of the roughly 1 billion The inspector general and the National who were newly elected learned a lot State Department emails sent in 1 year Archives and Records Administration from the folks who had been in those alone, 2011, only .0001 percent of them have also acknowledged she mitigated chairs for a while as Governors and were saved in an electronic records any problems stemming from her past spouses. One of the best lessons I management system. Think about email practices by providing 55,000 learned during new Governors school that. How many is that? That means 1 pages of work-related emails to the that year in November of 1992, as a out of every roughly 16,000 was saved, if State Department in December of 2014. Governor-elect to Delaware, was this— you are keeping score. The vast majority of these emails has and I don’t recall whether it was a Re- To this day, it remains the policy of now been released publicly through the publican or Democratic Governor at the State Department that in most Freedom of Information Act. This is an the time, but he said: When you make

VerDate Sep 11 2014 04:55 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.051 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4810 CONGRESSIONAL RECORD — SENATE July 6, 2016 a mistake, don’t make it a 1-day prob- fied information. I am curious as to important. This is a critically impor- lem, a 1-week problem, a 1-month prob- what should happen next. And I wel- tant matter. This body and this Con- lem, or a 1-year problem. When you come a conversation with any of the gress exist for the purpose of fulfilling make a mistake, admit it. That is what defenders of the Secretary of State who our article I obligations under the Con- he said. When you make a mistake, want to come to the floor and engage stitution. The American system of gov- admit it. When you make a mistake, in this issue. ernment is about limited government apologize. Take the blame. When you As I see it, one of two things happens because we know, as Madison said, that have made a mistake, fix it, and then the next time a classified document is we need government in the world be- move on. I think that is pretty good leaked in our intelligence community. cause men aren’t angels, and we need advice. It helped me a whole lot as Either we are going to not prosecute or divided government; we need checks Governor and has helped me in the not pursue the individual who leaks a and balances in our government. We United States Senate, in my work in document that compromises national need three branches of government be- Washington with our Presiding Officer security and compromises potentially cause those of us who govern are not on a number of issues. the life of one of the spies who is out angels. The other thing I want to say a word there serving in defense of freedom— We distinguish in our Constitution about is James Comey. I have been and we are potentially not going to between a legislative, executive, and a privileged to know him for a number of pursue or prosecute that individual be- judicial branch, and this body—the leg- years, when he was nominated by our cause yesterday a decision was made islative branch—is supposed to be the President to head up the FBI and today inside the executive branch of the body that passes the laws because the as he has served in this capacity for a United States Government to lower the people are supposed to be in charge, number of years. We are lucky. I don’t standards that govern how we protect and they can hire and fire those of us know if he is a Democrat, Republican, classified information in this country. who serve here. Laws should be made or Independent, but I know he is a That will be a sad day because it will in this body, not in the executive great leader. He is about as straight an mean we are a weaker nation because branch. The executive branch’s obliga- arrow as they come. He works hard— we decided to lower those standards, tions are to faithfully execute the laws very hard—and provides enlightened not in this body, not by debate, not by that are passed in this body. leadership, principled leadership, for passing a law, but a decision will have If we are going to change the stand- the men and women of the FBI. I want been made to lower the standards by ards by which our Nation’s secrets are to publicly thank him for taking on a which the U.S. national security se- protected, by which classified informa- tough job and doing it well. crets are protected. Or conversely, a tion is governed, we should do that in I hope we will take the time to sift decision will have been made to pros- a deliberative process here. We should through what he and the FBI have ecute and pursue that individual for pass a law in the House and in the Sen- found, but in the end, one of the things having leaked secrets, at which point ate so that if the voters—if the 320 mil- they found is that after all these that individual, his or her spouse and lion Americans, the ‘‘we the people’’ months and the time and effort that their family and his or her peers are who are supposed to be in charge, dis- has gone into reviewing the email going to ask the question, which is, agree about the decisions that are records and practices of Secretary Why is there a different standard for made in this body, they are supposed to Clinton—which she says she regrets. me, the career military officer or the be able to fire us. She has apologized for doing it. She career intelligence officer, than there The people of America don’t have any said if she had to do it all over, she cer- is for the politically connected in this way to fire somebody inside an execu- tainly wouldn’t do it again, even country? tive branch agency. Deliberation about though it wasn’t in contravention of As I see it, we are in danger of doing the laws and the standards that govern the laws we had of email recordkeeping one of two things: We are either going our national security should be done at the time. We changed the law in to make the United States less secure here, and the laws should be made here. 2014. She has taken the blame. At some by lowering the standards that are For those who want to defend Sec- point in time—we do have some big written in statute about how we govern retary Clinton, I am very curious if problems we face, big challenges we classified information in this country, they would explain to us which way face, and we need to get to work on or we are going to create a two-tier they want it to go the next time a clas- those as well. system of justice by which the power- sified secret is leaked because either Mr. President, I yield the floor. ful and the politically connected are we are going to have standards or we I suggest the absence of a quorum. held to a different bar than the people are not going to have standards. If we The PRESIDING OFFICER (Mr. who serve us in the military and the are not going to have standards, that is TILLIS). The clerk will call the roll. intelligence community. going to make our Nation weaker. If The senior assistant legislative clerk Again, I have great respect for the we are going to have standards, they proceeded to call the roll. senior Senator from Delaware, but I should apply equally to everyone be- Mr. SASSE. Mr. President, I ask listened to his comments. I was in a cause we believe in equality under the unanimous consent that the order for different meeting, and I saw that he law in this country. the quorum call be rescinded. was speaking. I unmuted my TV and Mr. President, I suggest the absence The PRESIDING OFFICER. Without listened to his comments, and I would of a quorum. objection, it is so ordered. welcome him to come back to the floor The PRESIDING OFFICER. The STANDARDS FOR PROTECTING CLASSIFIED and engage me and explain which way clerk will call the roll. INFORMATION he thinks we should go next because The senior assistant legislative clerk Mr. SASSE. Mr. President, I sprinted one of those two things is going to hap- proceeded to call the roll. to the floor when I saw the Senator pen the next time a classified docu- Mr. RUBIO. Mr. President, I ask from Delaware speaking. I have high ment is leaked. Either we are going to unanimous consent that the order for regard for the Senator from Delaware. not pursue that person and we are the quorum call be rescinded. I think he is a man of integrity who going to have lowered the standards for The PRESIDING OFFICER. Without has served his country well, both in the protecting our Nation’s secrets, or we objection, it is so ordered. Navy and in this body. I have traveled are going to pursue that person, which Mr. RUBIO. I ask unanimous consent with the man. We have explored the means they will be held to a different that I be allowed to speak as in morn- Texas-Mexico border before. I think standard, a higher standard, than the ing business. very highly of him. Secretary of State. I don’t understand The PRESIDING OFFICER. Without I wanted to come to the floor and that. I don’t understand why anybody objection, it is so ordered. ask, in light of the comments he just in this body would think either of CENTRAL EVERGLADES PLANNING PROJECT made about Secretary Clinton, if he those two outcomes is a good thing. Mr. RUBIO. Mr. President, as you has any view about what should happen We do many, many things around and others are well aware, Florida is the next time, when a career intel- here. A small subset of them are really often associated with its crystal blue ligence or military officer leaks classi- important. Lots of them aren’t very waters, sport and commercial fishing,

VerDate Sep 11 2014 04:55 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.081 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4811 and pristine vacation destinations. has lowered salinity levels, and it they remain vigilant in their efforts to This summer, a thick and putrid algal caused the algae to bloom. I also in- assist those impacted by the algae. bloom known as the blue-green algae is vited the Assistant Secretary of the This is truly a crisis for the State of threatening all of that and much more Army Corps to visit the area so they Florida, but we are fortunate that along large stretches of the St. Lucie can witness the conditions firsthand. Florida is well equipped to handle this River and the Indian River Lagoon. I was pleased that after my request issue. I have spoken to the Governor On Friday, I visited the area, and I the Army Corps announced it would de- and to key officials on the ground can tell you this is an economic dis- crease the discharges but, of course, about this. This should continue to be aster in addition to an ecological cri- much more needs to be done. My office a joint effort by the Federal and State sis. I met many of the people whose has also been working with the Small governments. Should the government lives have been thrown into turmoil. Business Administration for months decide this warrants a Federal disaster The algae has forced the closure of sev- now on the harmful impact of these declaration, I will urge the President eral beaches. Even this morning we discharges. In April, we were able to to approve it. That means that more were hearing reports of a surf camp ensure disaster loans were made avail- resources could flow to those who have where kids go out and learn how to surf able to businesses suffering from the been negatively impacted by this, espe- and paddle board and so forth. They discharges. Just yesterday, we were cially small businesses that have seen sign up in the summer to do this, and able to confirm that the disaster loans themselves in the peak season truly they are having parents canceling, and will apply to those currently affected hurt by this event. in some cases having to cancel them- by the current algal blooms. In the meantime, Florida continues selves because of this. Perhaps the most important long- to face this serious problem, and unfor- There were beaches closed during the term solution that we can put in place tunately there simply is no silver bul- Fourth of July, which is the peak sea- is for the Senate and the House to pass let. Its effects will linger for quite son for many of these resorts, hotels, and the President to sign the author- some time. For people who are suf- and local businesses. That is why I say ization for the Central Everglades fering through this right now, that is they have been thrown into turmoil. Planning Project. The Central Ever- not a promising thing for me to say. If Beyond that, this algae bloom is kill- glades Planning Project will divert that were my house facing this algae, if ing fish and oysters. It is hurting tour- these harmful discharges away from that were my business wiped out with ism. It is harming local businesses. It the coastlines and send more water the cancelations, I would be angry too. is sinking property values. south through the Everglades. It is important to remember this is Imagine if you just bought a home on This is a project I had hoped would not just an ecological crisis; it is a the water there—the values are largely have been authorized in the last water tragedy for the people on the Treasure tied to access to water and the boat resources bill in 2014, but delays by the Coast who have had to watch this algae dock—and now you step outside, and administration in releasing the final threaten their communities and their sitting right there on your porch, basi- Chiefs report prevented that from hap- livelihoods. This is a heated issue, as cally, there is a thick green slime that pening in 2014. Thanks to the leader- you can imagine, because we are talk- some have compared to guacamole sit- ship of Chairman INHOFE, the Central ing about people’s homes. We are talk- ting on the surface of the ocean. You Everglades Planning Project is in- ing about a way of life. Many people can imagine what that is doing to prop- cluded in the EPW committee-reported came up to me and said they grew up in erty values. Parents, of course, are Water Resources Development Act of the area, they remember the days viewing all of this and are concerned 2016. where their whole summers were spent for the health of their children. There Last week, I joined 29 of my col- near that water, and now they can’t are a number of things we can do to ad- leagues in urging our leaders to bring even go in it. When we see a place as dress this immediately, and I have been this important bill before the full Sen- naturally beautiful as the Treasure working to make these things happen. ate. I plan to continue this support, Coast looking and smelling like an First of all, let me describe how this and I hope we are able to get the Cen- open sewer, you have a visceral and is happening. This is happening be- tral Everglades Planning Project angry reaction to it. I know that I did. cause nutrient-rich water—water that signed into law as soon as possible. Sadly, whenever there are emotional has things in it like fertilizer—is run- Finally, we also need to know the and heated issues like these, people on ning into Lake Okeechobee, which is at long-term health risks posed by this both sides are willing to exploit them. the center of the State. It is the largest algal bloom. I mentioned a moment Anyone who tells you they have the inland body of water in the State. His- ago that many parents are concerned silver bullet answer to this problem is torically, the water that sat in Lake about the safety of their kids as they simply not telling the truth. They are Okeechobee would run southward into play outside this summer. Let me tell lying. I have talked to experts, dozens the Everglades. With development, you why they are concerned. The algae of them. I visited with people across canal systems, and so forth, that all I saw lining the shores and in the coves the spectrum on this issue, and the re- stopped. and inlets will literally make you sick. ality is that solving this issue will take Now this water is held back by a There are already people complaining time, persistence, and a number of dike, which is put in place to prevent of headaches, rashes, and respiratory things. There is no single thing we can flooding. When the waters need to be issues. do. There are a number of things, and released, they are released east and At Central Marine in Stuart, you they all have to happen in order for west. These waters are already rich in could not stand outside near the water this to get better. nutrients in Lake Okeechobee, and and breathe the air without literally These problems have existed for dec- then they are released into the estu- feeling sick. The smell is indescribable. ades. This didn’t happen overnight. aries and canals, which also have nutri- The best thing I can use to describe it This isn’t something that started 2 ents in them because of runoff from is if you opened up a septic tank or weeks ago. This has been going on for faulty and old septic tanks. When these opened sewage in a third world coun- decades. I have now been a Senator for things reach the ocean, when they try—that is how nasty this stuff is. a little less than 6 years, and in my reach the estuaries, when they reach By the way, when it dies, it turns time here, we have made steady the lagoon or the lake or the river and this dark green-blue color, and then it progress on this issue. But it is not they get into this heat, the result is becomes even more toxic. No one coming as fast as I would like, and it is what we are seeing now. knows how to remove it. No one knows not coming as fast as the people of the Last week I wrote the Army Corps of what is going to happen to it after it Treasure Coast need. The worst thing Engineers, and I urged them to stop dies, except it is going to sit there. we could do right now is to divert crit- the discharges from Lake Okeechobee That is why we have been in contact ical resources from a plan that will until the balance and health of the eco- with the Centers for Disease Control work, from a plan designed by sci- system in the area can recover. By the and Prevention, which has been work- entists, from a plan designed by ex- way, these discharges have been ongo- ing with State officials, and I requested perts that will work, but we have to ing since January of this year, which that they keep me informed and that put that plan in place.

VerDate Sep 11 2014 04:55 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.083 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4812 CONGRESSIONAL RECORD — SENATE July 6, 2016 That is why I once again urge my entific articles examining this climate lution in 2013. That is one-fifth of the colleagues to move forward on the Cen- denial apparatus itself. These sci- entire carbon output in our entire tral Everglades Planning Project. It entists are doing serious and country, and 1.2 billion tons makes will allow us to begin the process of au- groundbreaking work. these polluters, if they were their own thorizing these important projects that Dr. Brulle, for instance, has just been country, the sixth biggest CO2 emitter will not only retain more water but named the 2016 recipient of the Amer- in the world—more than Germany or will result in cleaner water going into ican Sociological Association’s Fred- Canada. Using the Office of Manage- Lake Okeechobee, cleaner water flow- erick Buttel Distinguished Contribu- ment and Budget’s social cost of car- ing out of Lake Okeechobee, and clean- tion Award, the highest honor in Amer- bon, that is a polluter cost to the rest er water moving south into the Ever- ican environmental sociology. Dr. of us of $50 billion every year. When glades, the way it should be flowing Brulle has also won, along with Pro- this crowd comes to the court, they and not east and west into these im- fessor Dunlap, the American Socio- come with very dirty hands and for pacted communities. logical Association’s Allan Schnaiberg very high stakes. I am calling the Presiding Officer’s Outstanding Publication Award for Not only is this apparatus huge, it is attention to this because, as I have de- their book ‘‘Climate Change and Soci- also complex. It is organized into mul- tailed, this is far from being merely a ety.’’ The work of all of these academic tiple levels. Rich Fink is the former State issue. We do have our work cut researchers maps out an intricate, President of the Charles G. Koch Chari- out for us on the Federal level to help interconnected propaganda web which table Foundation. He has outlined the get this solved, but I am committed to encompasses over 100 organizations, in- model they use called the ‘‘Structure this task. I ask my colleagues for their cluding trade associations, conserv- of Social Change’’ to structure what he assistance so we can ensure that 5 and ative so-called think tanks, founda- called ‘‘the distinct roles of univer- 10 years from now we are not still here tions, public relations firms, and plain sities, think tanks, and activist groups talking about this happening all over old phony-baloney polluter front in the transformation of ideas into ac- again. groups. A complex flow of cash, now tion.’’ With that, I yield the floor. often hidden by donors’ trusts and As a Koch-funded grantmaker out to I suggest the absence of a quorum. other such identity-laundering oper- pollute the public mind, the Koch The PRESIDING OFFICER. The ations, support this apparatus. The ap- Foundation realized that multiple lev- clerk will call the roll. paratus is, in the words of Professor els were necessary for successful propa- The senior assistant legislative clerk Farrell, ‘‘overtly producing and pro- ganda production. They went at it this proceeded to call the roll. moting skepticism and doubt about sci- way: The ‘‘intellectual raw materials’’ Mr. WHITEHOUSE. Mr. President, I entific consensus on climate change.’’ were to be produced by scholars funded ask unanimous consent that the order The climate denial apparatus illumi- at universities, giving the product for the quorum call be rescinded. nated by their scholarship is part of some academic credibility. I think at The PRESIDING OFFICER. Without the untold story behind our obstructed this point, Koch funding reaches into objection, it is so ordered. American climate change politics. as many as 300 college campuses to cre- Mr. WHITEHOUSE. Mr. President, I This apparatus is huge. Phony-balo- ate this so-called intellectual raw ma- ask unanimous consent to speak as in ney front organizations are set up by terial. Then think tanks and policy in- morning business for up to 20 minutes, the score to obscure industry’s hand. stitutions mold these ideas and market although I don’t think I will use it all. Phony messaging is honed by public re- them as ‘‘needed solutions for real- The PRESIDING OFFICER. Without lations experts to sow doubt about the world problems.’’ I guess they are using objection, it is so ordered. real scientific consensus. Stables of the technique of ‘‘think tank as dis- CLIMATE CHANGE payrolled scientists are trotted out on guised political weapon’’ described by Mr. WHITEHOUSE. Mr. President, I call to perform. Professor Brulle likens Jane Mayer in her terrific book ‘‘Dark am here for the 143rd time now to urge it to a stage production. Money.’’ Congress to wake up to the damage Like a play on Broadway, the counter- Then comes what we would call that carbon pollution is inflicting on movement has stars in the spotlight—often ‘‘astroturf’’—citizen implementation our atmosphere and oceans and to prominent contrarian scientists or conserv- groups ‘‘build diverse coalitions of in- make a record for when people look ative politicians—but behind the stars is an organizational structure of directors, script dividual citizens and special interest back at this time and at this place and writers, and producers, in the form of con- groups needed to press for the imple- wonder why Congress was so unrespon- servative foundations. If you want to under- mentation of policy change’’ at the sive in the face of all of the informa- stand what is driving this movement, you ground level. So the apparatus is orga- tion. have to look at what is going on behind the nized not unlike a company would set What are we up against that has pre- scenes. up manufacturing, marketing, and vented progress? What we are up The whole apparatus is designed to sales. against is a many-tentacled, industry- be big and sophisticated enough that Mr. President, I ask unanimous con- controlled apparatus that is delib- when you see its many parts, you can sent to have printed in the RECORD Mr. erately polluting our discourse in this be fooled into thinking it is not all the Fink’s ‘‘The Structure of Social Nation with phony climate denial. same animal, but it is, just like the Change.’’ That apparatus runs in parallel with a mythological Hydra—many heads, There being no objection, the mate- multi-hundred million dollar election- same beast. rial was ordered to be printed in the eering effort that tells politicians: If The apparatus is huge because it has RECORD, as follows: you don’t buy what the apparatus is a lot to protect. The International [From libertyguide.com, Oct. 18, 2012] selling, you will be in political peril. Monetary Fund has pegged what it THE STRUCTURE OF SOCIAL CHANGE As we look at the apparatus that is calls the effective subsidy to the fossil (By Rich Fink, President, Charles G. Koch propagating this phony climate denial, fuel industry every year in the United Charitable Foundation) there is a growing body of scholarship States alone at nearly $700 billion. WHY PUBLIC POLICY? that helps us that is examining this ap- That is a lot to protect. Universities, think tanks, and citizen ac- paratus, how it is funded, how it com- Here is one other measure. The Cen- tivist groups all present competing claims municates, and how it propagates the ter for American Progress has tallied for being the best place to invest resources. denial message. It includes work by the carbon dioxide emissions from the As grant-makers, we hear the pros and cons Harvard University’s Naomi Oreskes, power producers involved in the law- of the different kinds of institutions seeking Michigan State’s Aaron McCright, suit to block implementation of Presi- funding. Oklahoma State’s Riley Dunlap, Yale’s dent Obama’s Clean Power Plan, either The universities claim to be the real Justin Farrell, and Drexel University’s directly or through their trade groups. source of change. They give birth to the big ideas that provide the intellectual frame- Robert Brulle, but it is not just them. It turns out they have a lot of pollu- work for social transformation. While this is There are a lot of academic folk work- tion to protect. The companies affili- true, critics contend that investing in uni- ing on this to the point where there are ated with that lawsuit were responsible versities produces no tangible results for now more than 100 peer-reviewed sci- for nearly 1.2 billion tons of carbon pol- many years or even decades. Also, since

VerDate Sep 11 2014 05:54 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.084 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4813 many academics tend to talk mostly to their gration of diverse businesses whose success Mr. WHITEHOUSE. Mr. President, colleagues in the specialized languages of and sustainability depend on the value they investigative books, journalists’ re- their respective disciplines, their research, add to the ultimate consumer. Hayek’s porting, and academic studies repeat- even if relevant, usually needs to be adapted model explains how investments in an inte- edly compare the climate denial effort before it is useful in solving practical prob- grated structure of production yield greater to the fraud scheme that was run by lems. productivity over less developed or less inte- The think tanks and policy development grated economies. the tobacco industry to disguise the organizations argue that they are most wor- By analogy, the model can illustrate how harms of smoking. When I was a U.S. thy of support because they work on real- investment in the structure of production of attorney, the Justice Department pur- world policy issues, not abstract concepts. ideas can yield greater social and economic sued and ultimately won a civil lawsuit They communicate not just among them- progress when the structure is well-devel- against tobacco companies for that selves, but are an immediate source of policy oped and well-integrated. For simplicity’s fraud. When I was here in the Senate, I ideas for the White House, Congress, and the sake, I am using a snapshot of a developed wrote an opinion piece about a possible media. They claim to set the action agenda economy, as Hayek did in parts of Prices and DOJ investigation into the fossil fuel that leaders in government follow. Critics Production, and I am aggregating a complex industry fraud on climate change. This observe, however, that there is a surfeit of set of businesses into three broad categories well-funded think tanks, producing more po- or stages of production. The higher stages gave me a new appreciation of the ap- sition papers and books than anyone could represent investments and businesses in- paratus in action. In response came an ever possibly read. Also, many policy pro- volved in the enhanced production of some eruption of dozens of rightwing edi- posals, written by ‘‘wonks’’ with little expe- basic inputs we will call ‘‘raw materials.’’ torials, most of which interestingly rience outside the policy arena, lack real- The middle stages of production are involved were virtually identical, with common istic implementation or transition plans. in converting these raw materials into var- misstatements of law and common And all too often, think tanks gauge their ious types of products that add more value omissions of facts. The eruption re- success in terms of public relations victories than these raw materials have if sold di- curred some months later in response measured in inches of press coverage, rather rectly to consumers. In this model, the later to me asking Attorney General Lynch than more meaningful and concrete accom- stages of production are involved in the about such an investigation when she plishments. packaging, transformation, and distribution Citizen activist or implementation groups of the output of the middle stages to the ul- was before us during a hearing of the claim to merit support because they are the timate consumers. Judiciary Committee. most effective at really accomplishing Hayek’s theory of the structure of produc- Virtually every author or outlet in things. They are fighting in the trenches, tion can also help us understand how ideas these eruptions was a persistent cli- and this is where the war is either won or are transformed into action in our society. mate denier. Common markers in the lost. They directly produce results by ral- Instead of the transformation of natural re- published pieces seemed to point to a lying support for policy change. Without sources to intermediate goods to products central script. When multiple authors them, the work of the universities and policy that add value to consumers, the model, all say something that is true, that is institutes would always remain just so many which I call the Structure of Social Change, not necessarily noteworthy, but when words on paper, instead of leading to real deals with the discovery, adaptation, and im- multiple authors are all repeating the changes in people’s lives. plementation of ideas into change that in- Others point out, however, that their com- creases the well-being of citizens. Although same falsehoods, that is a telling fin- mitment to action comes at a price. Because the model helps to explain many forms of so- gerprint. I happened to notice this be- activist groups are remote from the univer- cial change, I will focus here on the type I cause unlike most people, I get my sities and their framework of ideas, they know best—change that results from the for- news clips so I saw all these articles as often lose sight of the big picture. Their nec- mation of public policy. they emerged in this eruption that essary association with diverse coalitions APPLYING HAYEK’S MODEL took place. The articles regularly con- and politicians may make them too willing When we apply this model to the realm of fused civil law with criminal law, sug- to compromise to achieve narrow goals. ideas and social change, at the higher stages gesting that I wanted to ‘‘slap the Many of the arguments advanced for and we have the investment in the intellectual cuffs’’ on people or ‘‘prosecute’’ people against investing at the various levels are raw materials, that is, the exploration and valid. Each type of institute at each stage when the tobacco case was a civil case, production of abstract concepts and theories. has its strengths and weaknesses. But more and in a civil case there are no hand- In the public policy arena, these still come importantly, we see that institutions at all cuffs. The articles almost always over- primarily (though not exclusively) from the stages are crucial to success. While they may looked the fact that the government research done by scholars at our univer- compete with one another for funding and sities. At the higher stages in the Structure won the tobacco fraud lawsuit and won often belittle each other’s roles, we view of Social Change model, ideas are often unin- it big. The pieces usually said my tar- them as complementary institutions, each telligible to the layperson and seemingly un- get was something other than the big critical for social transformation. related to real-world problems. To have con- industry protagonist. My targets were HAYEK’S MODEL OF PRODUCTION sequences, ideas need to be transformed into described as ‘‘climate dissidents’’ or Our understanding of how these institu- a more practical or useable form. ‘‘independent thought’’ or ‘‘scientists’’ tions ‘‘fit together’’ is derived from a model In the middle stages, ideas are applied to a and ‘‘the scientific method’’ or even put forward by the Nobel laureate economist relevant context and molded into needed so- just ‘‘people who just disagree with Friedrich Hayek. lutions for real-world problems. This is the me.’’ Nothing like that transpired in Hayek’s model illustrates how a market work of the think tanks and policy institu- economy is organized, and has proven useful tions. Without these organizations, theory or the tobacco fraud case, obviously. to students of economics for decades. While abstract thought would have less value and Time and time again, the articles Hayek’s analysis is complicated, even a less impact on our society. wrongly asserted that any investiga- modified, simplistic version can yield useful But while the think tanks excel at devel- tion into potential fraud by this cli- insights. oping new policy and articulating its bene- mate denial apparatus would be a vio- Hayek described the ‘‘structure of produc- fits, they are less able to implement change. lation of the First Amendment. This tion’’ as the means by which a greater out- Citizen activist or implementation groups was a particularly telling marker be- put of ‘‘consumer goods’’ is generated are needed in the final stage to take the pol- cause it is actually settled law—includ- through savings that are invested in the de- icy ideas from the think tanks and translate ing from the tobacco case itself—that velopment of ‘‘producer goods’’—goods not them into proposals that citizens can under- produced for final consumption. stand and act upon. These groups are also fraud is not protected under the First The classic example in economics is how a able to build diverse coalitions of individual Amendment. So the legal arguments stranded Robinson Crusoe is at first com- citizens and special interest groups needed to were utterly false, but nevertheless the pelled to fish and hunt with his hands. He press for the implementation of policy apparatus was prolific. They cranked only transcends subsistence when he hoards change. out over 100 articles in all in those two enough food to sustain himself while he fash- We at the Koch Foundation find that the eruptions. ions a fishing net, a spear, or some other pro- Structure of Social Change model helps us to Now the State attorneys general who ducer good that increases his production of understand the distinct roles of universities, have stepped up to investigate whether consumer goods. This enhanced production think tanks, and activist groups in the the fossil fuel industry and its front transformation of ideas into action. We in- allows even greater savings, hence greater groups engaged in a fraud have faced a investment and development of more com- vite you to consider whether Hayek’s model, plex and indirect production technologies. on which ours is based, is useful in your phi- similar backlash. First came the edi- In a developed economy, the ‘‘structure of lanthropy. Though I have confined my exam- torial barrage, often from the same production’’ becomes quite complicated, in- ples to the realm of public policy, the model outlets and authors as mine and usu- volving the discovery of knowledge and inte- clearly has much broader social relevance. ally with the same false arguments.

VerDate Sep 11 2014 04:55 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.037 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4814 CONGRESSIONAL RECORD — SENATE July 6, 2016 Then, Republicans on the U.S. House This begs the question of whether Association of Ecosystem Research Centers Science, Space, and Technology Com- there is really a difference of opinion BioQUEST Curriculum Consortium mittee sent the attorneys general let- about climate change among scientists. Botanical Society of America ters with a barrage of demands to dis- Last week, 31 leading national sci- Consortium for Ocean Leadership Crop Science Society of America courage and disrupt their inquiries. A entific organizations, including the Ecological Society of America group of Republican State attorneys American Association for the Advance- Entomological Society of America general even issued a letter decrying ment of Science, the American Mete- Geological Society of America the efforts of their investigating col- orological Society, the American Geo- National Association of Marine Laboratories leagues. All of them insisted the First physical Union, and 28 others sent Natural Science Collections Alliance Amendment should prevent any inves- Members of Congress a no-nonsense Organization of Biological Field Stations tigation. message that human-caused climate Society for Industrial and Applied Mathe- In one ironic example, the Koch- change is real, that it poses serious matics backed front group Americans for Pros- Society for Mathematical Biology risks to society, and that we need to Society for the Study of Amphibians and perity rode to the rescue of the Koch- substantially reduce greenhouse gas Reptiles backed Competitive Enterprise Insti- emissions. They told us this: Society of Nematologists tute, one of the climate denial mouth- Observations throughout the world make Society of Systematic Biologists pieces under investigation. The Koch- it clear that climate change is occurring, Soil Science Society of America backed front group Americans for Pros- and rigorous scientific research concludes University Corporation for Atmospheric Re- perity announced it was joining a coa- that the greenhouse gases emitted by human search lition of 47 other groups to support activities are the primary driver. This con- Mr. WHITEHOUSE. That letter is the what it called ‘‘a fight for free speech,’’ clusion is based on multiple independent voice of fact, of scientific analysis, and lines of evidence and the vast body of peer- but according to realkochfacts.org, 43 reviewed science. of reason. of the 47 groups in that so-called coali- Up against it is the apparatus. The Mr. President, I ask unanimous con- tion also have ties to the Kochs, and 28 apparatus has the money. The appa- sent to have printed in the RECORD the of them are directly funded by the ratus has the slick messaging. The ap- letter from the 39 scientific organiza- Kochs and their family foundations. paratus has the political clout. It has tions. Welcome to the apparatus. that parallel election spending muscle, There being no objection, the mate- The Koch brothers’ puppet groups it has the lobbying armada, and it has rial was ordered to be printed in the claim to stand united against what that array of outlets willing to print RECORD, as follows: Americans for Prosperity described as falsehoods about climate change and, ‘‘an affront to the First Amendment JUNE 28, 2016. for that matter, about fraud and the DEAR MEMBERS OF CONGRESS: We, as lead- rights of all Americans,’’ but scroll ers of major scientific organizations, write First Amendment. back, and the tobacco companies and to remind you of the consensus scientific The scientists? Well, they have the their front groups and Republican al- view of climate change. expertise, the knowledge, and the facts. lies made exactly the same argument Observations throughout the world make Whose side we choose to take says a lot against the Department of Justice’s it clear that climate change is occurring, about who we are. civil racketeering lawsuit—the one the and rigorous scientific research concludes With that, I yield the floor. Department of Justice won. that the greenhouse gases emitted by human I suggest the absence of a quorum. Big Tobacco’s appeal in court argued activities are the primary driver. This con- The PRESIDING OFFICER. The that, quoting the appeal, ‘‘the First clusion is based on multiple independent lines of evidence and the vast body of peer- clerk will call the roll. Amendment would not permit Congress reviewed science. The senior assistant legislative clerk to enact a law that so criminalized one There is strong evidence that ongoing cli- proceeded to call the roll. side of an ongoing legislative and pub- mate change is having broad negative im- Mr. TILLIS. Mr. President, I ask lic debate because the industry’s opin- pacts on society, including the global econ- unanimous consent that the order for ions differed from the government or omy, natural resources, and human health. the quorum call be rescinded. ‘consensus’ view.’’ For the United States, climate change im- The PRESIDING OFFICER (Mr. pacts include greater threats of extreme How did they do? They lost. They SCOTT). Without objection, it is so or- lost because the case was about fraud, weather events, sea level rise, and increased risk of regional water scarcity, heat waves, dered. not differences of opinion. Courts can wildfires, and the disturbance of biological f tell the difference between fraud and systems. The severity of climate change im- MORNING BUSINESS differences of opinion. They do it all pacts is increasing and is expected to in- the time. Fraud has specific legal re- crease substantially in the coming decades. Mr. TILLIS. Mr. President, I ask quirements. The courts in the tobacco To reduce the risk of the most severe im- unanimous consent that the Senate be case held firmly that the Constitution pacts of climate change, greenhouse gas in a period of morning business, with holds no protection for fraud—zero— emissions must be substantially reduced. In Senators permitted to speak therein and the tobacco industry had to stop addition, adaptation is necessary to address unavoidable consequences for human health for up to 10 minutes each. the fraud. Now the fossil fuel industry and safety, food security, water availability, The PRESIDING OFFICER. Without says it is different from the tobacco in- and national security, among others. objection, it is so ordered. dustry while it uses the very same ar- We, in the scientific community, are pre- f gument as the tobacco schemers. pared to work with you on the scientific To really appreciate how bogus the issues important to your deliberations as MILCON-VA AND ZIKA VIRUS First Amendment argument is, think you seek to address the challenges of our FUNDING BILL through what it would mean if fraudu- changing climate. Mr. TESTER. Mr. President, it is the lent corporate speech were protected American Association for the Advancement end of June and mosquitos are every- by the First Amendment. Out would go of Science where. That means the danger of the State and Federal laws protecting us American Chemical Society Zika virus is increasing. All but five American Geophysical Union from deceitful misrepresentations American Institute of Biological Sciences States have at least one reported case about products. Consumer protection American Meteorological Society of the Zika virus. Just today, a baby offices around the country would shriv- American Public Health Association was born in the United States with el or shut their doors, and it would be American Society of Agronomy microcephaly because of the Zika open season on the American con- American Society of Ichthyologists and Her- virus. This is a serious crisis that re- sumer. That is a dark world to envi- petologists quires serious action. sion, but it is the world that results if American Society of Naturalists That is why I was so disappointed to corporate lies about the safety of their American Society of Plant Biologists see the majority insert language that American Statistical Association products or industrial processes are Association for the Sciences of Limnology would limit access to contraception, a placed beyond the reach of the law. I and Oceanography key component of a strategy to fight say lies because you have to be lying Association for Tropical Biology and Con- Zika, but this bill denies women the for it to be fraud. servation ability to get birth control services

VerDate Sep 11 2014 06:46 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.086 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4815 from their doctors or from primary cility maintenance of VA hospitals and Government contribution to the Green care clinics. Limiting access to contra- clinics. Climate Fund. The Appropriations ception while fighting a disease we I have toured these clinics. In Mis- Committee adopted Senator MERKLEY’s know can be transmitted sexually is ri- soula, MT, we have a VA clinic that is amendment by voice vote. diculous, counterintuitive, and down- far over capacity. Patients are forced The committee’s voice vote did not right dangerous. This approach unnec- to double and triple-up in rooms, ruin- afford me the opportunity to record my essarily endangers women across the ing any semblance of patient privacy. opposition to Senator MERKLEY’s country. Doctors and nurses are forced to have amendment in the committee record. I Why on Earth would the Repub- conversations that should be confiden- oppose the Merkley amendment and licans—with a public health crisis tial in front of other patients. any transfer of funding to the Green looming—insert a provision that is not Sixty percent of VHA facilities are Climate Fund. only bad policy, but that they knew more than 50 years old, and they have As Deputy Secretary of State Heath- Democrats could not support? One rea- over $10 billion in code deficiencies. er Higginbottom testified to the Senate son: politics. Our veterans deserve better than Foreign Relations Committee in Turning emergency research funding being treated in third-rate facilities. March, Congress did not authorize the into a political football is irrespon- This type of cut is exactly the par- Green Climate Fund. Congress also sible, and I cannot support it. Women, tisan game playing that shows this bill failed to appropriate any funding for men, and children need to be protected was never meant as a compromise, but the Green Climate Fund in fiscal year against Zika, and this bill undermines rather it is just a catalyst for cuts to 2016. In March 2016, the Department of those efforts. As mosquito season con- make the VA less effective. State transferred $500 million from the tinues and the danger of Zika in- These cuts aren’t designed to im- Economic Support Fund to the Green creases, we need serious legislation prove care; they are designed to bal- Climate Fund, despite the lack of any that addresses this public health crisis, ance the budget on the backs of our authorization or appropriation from not partisan gamesmanship. veterans. Congress. But Zika funding is not the only If Republicans had come to the table This $500 million transfer represents place this bill falls short. This con- willing to play ball, we could swallow 26 percent of all appropriations to the ference report cuts $500 million from these cuts if real improvements were Economic Support Fund—intended to the bipartisan Senate VA Appropria- made to how the VA is run, but these promote economic and political sta- tions bill. cuts will only compound the problems bility around the globe—at a time The Senate bill cleared the Senate at the VA and are unacceptable with- when combating the Zika virus, ad- 89–8, a truly bipartisan bill. In the U.S. out genuine reform. dressing the threat of international Senate, I imagine we couldn’t even get This was not how a conference should terrorism, and dealing with the risks 89 people to agree on what color the operate; not a single vote was ever posed by Russian aggression in Eastern sky is, much less an appropriations taken by the conferees on VA related Europe all would have been better uses bill, but here, we have one. items. They were simply shoved into of State Department funds. The Democratic conferees went to the bill. For these reasons, I oppose Senator conference with open ears and an open The unfortunate byproduct of this MERKLEY’s amendment to S. 3117. mind. Things started off okay, but Re- partisanship was that a bipartisan ap- publican leadership inserted them- proach to VA funding and policy prior- f selves into the process, and it quickly ities was abandoned at the end and left became clear that they had no interest VA short of what I believe to be re- ARMS SALES NOTIFICATION in crafting a bipartisan deal. Getting a sponsible funding levels. Mr. CORKER. Mr. President, section deal requires two parties to at least I invite my Republican colleagues in 36(b) of the Arms Export Control Act talk to each other. the House—and one in particular in the requires that Congress receive prior no- But once leadership got involved, Re- Senate—to look at the Veterans First tification of certain proposed arms publicans did not even return our Act, that cleared committee unani- sales as defined by that statute. Upon phone calls after last weekend. This mously, that takes a real shot at re- such notification, the Congress has 30 conference report was negotiated in forming the VA, and is a good example calendar days during which the sale private with only Republican Members of what bipartisan compromise can may be reviewed. The provision stipu- in the room. look like. lates that, in the Senate, the notifica- They took the chainsaw to the Sen- The VA is struggling, and cutting tion of proposed sales shall be sent to ate’s bipartisan proposal that would costs and not addressing real issues the chairman of the Senate Foreign have given the VA the resources it across the VA is not what our veterans Relations Committee. needs to give our vets the care they deserve. I cannot support this bill be- In keeping with the committee’s in- have earned. cause it does not support our veterans. tention to see that relevant informa- The conference report before the Sen- We have 3 months before the next fis- tion is available to the full Senate, I ate would put the VA $653 million cal year begins—3 months before the ask unanimous consent to have printed below what the VA says it needs to get VA runs out of money. in the RECORD the notifications which the job done. I am ready to work with folks on have been received. If the cover letter Veterans across the country and in both sides to see if we can agree on a references a classified annex, then such my home State of Montana are waiting plan that gives our veterans more than annex is available to all Senators in for action, and these harmful cuts will ‘‘good enough.’’ We have done it once the office of the Foreign Relations leave the VA with just enough to try this year, and we can do it again, but Committee, room SD–423. and address veterans’ needs. And let’s we need to get moving. There being no objection, the mate- be clear, ‘‘just enough’’ isn’t good f rial was ordered to be printed in the enough for our veterans. RECORD, as follows: GREEN CLIMATE FUND This bill cuts money out of medical DEFENSE SECURITY service accounts. These are the very Mrs. CAPITO. Mr. President, on June COOPERATION AGENCY, accounts that are used to pay doctors, 29, 2016, the Senate Appropriations Arlington, VA. nurses, and for medical equipment. Committee marked up S. 3117, the De- Hon. BOB CORKER, Making it harder for the VA to ad- partment of State, Foreign Operations, Chairman, Committee on Foreign Relations, minister care is irresponsible, and this and Related Programs Appropriation U.S. Senate, Washington, DC. bill would leave VA medical centers Act, 2017. During the mark-up, the Sen- DEAR MR. CHAIRMAN: Pursuant to the re- scrambling to provide services for ator from Oregon offered an amend- porting requirements of Section 36(b)(5)(A) of the Arms Export Control Act (AECA), as thousands of veterans. ment to strike language that would amended, we are forwarding Transmittal No. Compared to what the Senate have prohibited the Department of 0N–16. This notification relates to enhance- passed—with 89 votes earlier this State from expending funds appro- ments or upgrades from the level of sensi- year—this bill cuts $250 million for fa- priated by the bill to make a Federal tivity of technology or capability described

VerDate Sep 11 2014 06:46 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.079 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4816 CONGRESSIONAL RECORD — SENATE July 6, 2016 in the Section 36(b)(1) AECA certification 15– (iii) Description: On 01 June 2015, Congress (ii) Sec. 36(b)(l), AECA Transmittal No.: 16– 53 of 04 August 2015. was notified by Congressional Notification 26; Date: March 24, 2016; Military Depart- Sincerely, Transmittal Number 15–35, of the possible ment: U.S. Navy. J.W. RIXEY, sale under Section 36(b)(l) of the Arms Ex- (iii) Description: On March 24, 2016, Con- Vice Admiral, USN, Director. port Control Act of four (4) E–2D Advanced gress was notified, by Congressional certifi- Enclosures. Hawkeye (AHE) Airborne Early Warning and cation transmittal number 16–26, of the pos- TRANSMITTAL NO. 0N–16 Control (AEW&C) aircraft, ten (10) T56–A– sible sale under Section 36(b)(l) of the Arms Export Control Act of nine (9) P–8A Patrol Report of Enhancement or Upgrade of Sensi- 427A engines (8 installed and 2 spares), eight Aircraft, which includes: Tactical Open Mis- tivity of Technology or Capability (Sec. (8) Multifunction Information Distribution sion Software (TOMS), Elector-Optical (EO) 36(b)(5)(A), AECA) System Low Volume Terminals (MIDS– LVT), four (4) APY–9 Radars, four (4) AN/ and Infrared (IR) MX–20HD, AN/AAQ–2(V)1 (i) Purchaser: Government of Japan. AYK–27 Integrated Navigation Channels and Acoustic System, AN/APY–10 Radar and (ii) Sec. 36(b)(l), AECA Transmittal No.: 15– Display Systems, ten (10) LN–251 Embedded ALQ–240 Electronic Support Measures 53; Date: 04 August 2015; Military Depart- Global Positioning Systems/Inertial Naviga- (ESM). Also included were twelve (12) Multi- ment: Navy. tion Systems (EGIs) with embedded airborne functional Information Distribution System (iii) Description: On 04 August 2015, Con- Selective Availability Anti-Spoofing Module (MIDS) Joint Tactical Radio Systems gress was notified by Congressional Notifica- (SAASM) Receiver (ASR), and six (6) AN/ (JTRS), twelve (12) Guardian Laser Trans- tion Transmittal Number 15–53, of the pos- ALQ–217 Electronic Support Measures, modi- mitter Assemblies (GLTA) for AN/AAQ– sible sale under Section 36(b)(l) of the Arms fications, spare and repair parts, support 24(V)N, twelve (12) Systems Processors for Export Control Act of the Navy’s proposed equipment, publications and technical docu- AN/AAQ–24(V)N, twelve (12) Missile Weapons Letter(s) of Offer and Acceptance of the Gov- mentation, personnel training and training Sensors for the AN/AAR–54 (for AN/AAQ– ernment of Japan of two (2) ship sets of the equipment, ferry services, aerial refueling 24(V)N) and nine (9) LN–251 with Embedded MK 7 AEGIS Weapon System, AN/SQQ–89A support, U.S. Government and contractor lo- Global Positioning Systems/Inertial Naviga- (v) 15J Underwater Weapon System (UWS), gistics, engineering, and technical support tions System (EGis). The total estimated and Cooperative Engagement Capability services, and other related elements of logis- major defense equipment (MDE) cost is $1.8 (CEC). The total value of this sale is $1.5 bil- tics and program support. The value of Major billion. The total estimated program cost is lion. Major Defense Equipment (MDE) con- Defense Equipment (MDE) on the case was $3.2 billion. stitutes $360 million of this sale. $361 million. The total case value was $1.5 This transmittal reports the addition of: This transmittal reports the addition of billion. Two (2) Multifunctional Information Dis- three (3) Cooperative Engagement Capability This transmittal reports the inclusion of tribution System (MIDS) Joint Tactical (CEC) units as MDE. The correct quantity of one (1) E–2D Weapon Systems Trainer. While Radio Systems (JTRS), sixty (60) Missile CEC units was not listed in the original the value of the trainer was included in the Weapons Sensors for the AN/AAR–54 (as part transmittal. Increasing the quantity of CEC original notification, it was not identified as of the AN/AAQ–24(V)N), and eleven (11) LN– units will not result in a net increase in the MDE at that time. The cost of the trainer is 25ls with Embedded Global Positioning Sys- value of MDE originally notified. The total $50,904,612. The value of MDE on the notifica- tems/Inertial Navigations Systems (EGis). case value will remain $1.5 billion. tion is therefore revised to $412 million. The There is no increase in the total MDE cost or (iv) Significance: This report is being pro- total estimated value remains $1.5 billion. total estimated program cost. vided because three (3) CEC sets were not (iv) Significance: This notification is being (iv) Significance: The original notification enumerated as Major Defense Equipment in provided as the E–2D Weapon Systems Train- incorrectly identified the number of units re- the original notification. The total quantity er was not enumerated as Major Defense quired to support the UK P–8A program. being considered for purchase is five (5) sets Equipment in the original notification. This Fourteen (14) MIDS JTRS units are required consisting of two (2) ship sets and three (3) equipment provides the Japan Air Self De- to ensure adequate spares. Seventy-two (72) shore sets. This equipment is required for fense Force with the capability to train missile warning sensors are required as each testing, calibration, and support of the two Weapon System Officers on the mission sys- of the twelve (12) AAQ–24(V)N systems con- (2) new AEGIS DDGs being added to Japan’s tems of the E–2D in a simulated environ- sist of six (6) sensors. A total of twenty (20) fleet. This will afford more flexibility and ment. EGis are required, as each complete system capability to counter regional threats and (v) Justification: (U) This proposed sale includes two (2) EGis for a total of eighteen continue to enhance stability in the region. will contribute to the foreign policy and na- (18); also now inCluded is a full total system (v) Justification: The ACS/IUWS/CEC sup- tional security of the United States. Japan is spare set of two (2) additional EGis. port ship construction for a new ship class of one of the major political and economic pow- (v) Justification: This proposed sale will DDGs based upon a modified Atago-class hull ers in East Asia and the Western Pacific and allow the UK to reestablish its Maritime (Ship Class not yet named) and a new propul- a key partner of the United States in ensur- Surveillance Aircraft (MSA) capability that sion system. This modernization effort will ing peace and stability in that region. It is it divested when it cancelled the Nimrod increase the size of Japan’s BMD-capable vital to the U.S. national interest to assist MRA4 Maritime Patrol Aircraft (MPA) pro- fleet to eight vessels and enhance its Navy’s Japan in developing and maintaining a gram. ability to defend Japan and the Western Pa- strong and ready self-defense capability. The corrected number of units of equip- cific from regional ballistic missile threats. This proposed sale is consistent with U.S. ment are required to support the UK P–8A (vi) Date Report Delivered to Congress: foreign policy and national security objec- program. July 1, 2016. tives and the 1960 Treaty of Mutual Coopera- (vi) Date Report Delivered to Congress: tion and Security. July 1, 2016. DEFENSE SECURITY (vi) Date Report Delivered to Congress: COOPERATION AGENCY, July 1, 2016. DEFENSE SECURITY Arlington, VA. COOPERATION AGENCY, Hon. BOB CORKER, DEFENSE SECURITY Arlington, VA. Chairman, Committee on Foreign Relations, COOPERATION AGENCY, Hon. BOB CORKER U.S. Senate, Washington, DC. Arlington, VA. Chairman, Committee on Foreign Relations, DEAR MR. CHAIRMAN: Pursuant to the re- Hon. BOB CORKER, U.S. Senate, Washington, DC. porting requirements of Section 36(b)(5)(A) of Chairman, Committee on Foreign Relations, DEAR MR. CHAIRMAN: Pursuant to the re- the Arms Export Control Act (AECA), as Senate, Washington, DC. porting requirements of Section 36(b)(1) of amended, we are forwarding Transmittal No. DEAR MR. CHAIRMAN: Pursuant to the re- the Arms Export Control Act, as amended, 0P–16. This notification relates to enhance- porting requirements of Section 36(b)(5)(A) of we are forwarding herewith Transmittal No. ments or upgrades from the level of sensi- the Arms Export Control Act, as amended, 16–33, concerning the Department of the tivity of technology or capability described we are forwarding’Transmittal No. 0R–16. Navy’s proposed Letter(s) of Offer and Ac- in the Section 36(b)(1) AECA certification 15– This notification relates to enhancements or ceptance to the Republic of Korea for defense 35 of 01 June 2015. upgrades from the level of sensitivity of articles and services estimated to cost $65 Sincerely, technology or capability described in the million. After this letter is delivered to your J.W. RIXEY, Section 36(b)(l) AECA certification 16–26 of 24 office, we plan to issue a news release to no- Vice Admiral, USN, Director. March 2016. tify the public of this proposed sale. Enclosures. Sincerely, Sincerely, TRANSMITTAL NO. 0P–16 J.W. RIXEY, J.W. RIXEY, Report of Enhancement or Upgrade of Sensi- Vice Admiral, USN, Director. Vice Admiral, USN Director. tivity of Technology or Capability (Sec. Enclosure. Enclosures. 36(b)(5)(A), AECA) TRANSMITTAL NO. 0R–16 POLICY JUSTIFICATION (i) Purchaser: Government of Japan. Report of Enhancement or Upgrade of Sensi- Republic of Korea—SM–2 Block IIIB (ii) Sec. 36(b)(l), AECA Transmittal No.: 15– tivity of Technology or Capability (Sec. Standard Missiles and Containers 35; Date: 01 June 2015; Military Department: 36(b)(5)(A), AECA) The Republic of Korea has requested a pos- Navy. (i) Purchaser: United Kingdom (UK). sible sale of:

VerDate Sep 11 2014 07:33 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.040 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4817 Major Defense Equipment (MOE): therance of the U.S. foreign policy and na- Non-MDE: This request also includes the Seventeen (17) SM–2 Block IIIB Standard tional security objectives outlined in the following Non-MDE: Ten (10) MK25 Quad Missiles. Policy Justification. Pack Canisters; Five (5) ESSM Shipping Con- Seventeen (17) SM–2 Missile Containers. 4. All defense articles and services listed in tainers; Five (5) MK–73 Continuous Wave Il- Non-MDE: this transmittal have been authorized for re- lumination Transmitters, One (1) Inertial This request also includes the following lease and export to the Republic of Korea. Missile Initializer Power Supply (IMIPS); Non-MDE: personnel training and training spare and repair parts, support and test equipment, publications and technical data, DEFENSE SECURITY equipment, publications and technical docu- U.S. Government and contractor technical COOPERATION AGENCY, mentation, personnel training, U.S. Govern- assistance, and other related logistics sup- Arlington, VA. ment and contractor engineering, technical port. Hon. BOB CORKER and logistics support services, technical as- The total estimated value ofMDE is $60 Chairman, Committee on Foreign Relations, sistance, installation and integration over- million. The total overall estimated value is U.S. Senate Washington, DC. sight support, logistics, program manage- $65 million. DEAR MR. CHAIRMAN. Pursuant to the re- ment, packaging and transportation. The Republic of Korea (ROK) is one of the porting requirements of Section 36(b)(1) of The total estimated value of MDE is $73.2 major political and economic powers in East the Arms Export Control Act, as amended, million. The total overall estimated value is Asia and the Western Pacific and a key part- we are forwarding herewith Transmittal No. $140.1 million. ner of the United States in ensuring peace 16–39, concerning the Department of the This proposed sale will contribute to the and stability in that region. It is vita] to Navy’s proposed Letter(s) of Offer and Ac- foreign policy and national security of the U.S. national interests to assist our Korean ceptance to the Government of Chile for de- United States by increasing Chile’s ability to ally in developing and maintain a strong and fense articles and services estimated to cost contribute to regional security and pro- ready self-defense capability. $140.1 million. After this letter is delivered moting interoperability with the U.S. forces. The ROK Navy (ROKN) intends to use the to your office, we plan to issue a news re- The sale will provide upgraded air defense SM–2 Block IIIB Standard missiles to supple- lease to notify the public of this proposed capabilities on Chile’s type 23 frigates. The ment its existing SM–2 Block IIIA/IIIB in- sale. proposed sale improves Chile’s capability to ventory. The proposed sale will provide a de- Sincerely, deter regional threats and strengthen its fensive capability while enhancing interoper- JENNIFER ZAKRISKI, homeland defense. Chile will have no dif- ability with U.S. and other allied forces. The (For J.W. Rixey, Vice Admiral, USN, ficulty absorbing this equipment into its Republic of Korea will have no difficulty ab- Director). armed forces. sorbing these additional missiles into its Enclosures. The proposed sale of this equipment and armed forces. support will not alter the basic military bal- TRANSMITTAL NO. 16–39 The proposed sale of this equipment and ance in the region. support will not alter the basic military bal- Notice of Proposed Issuance of Letter of The prime contractors will be Raytheon ance in the region. Offer Pursuant to Section 36(b)(1) of the Missile Systems, Tucson, Arizona, BAE Sys- The principal contractor will be the Arms Export Control Act, as amended tems, Aberdeen, South Dakota, and Lock- Raytheon Electronic Systems Company in (i) Prospective Purchaser: Government of heed Martin, Bethesda, MD. There are no Tucson, Arizona. There are no known offset Chile. known offset agreements proposed in connec- agreements proposed in connection with this (ii) Total Estimated Value: tion with this potential sale. potential sale. Major Defense Equipment* $73.2 million. Implementation of this proposed sale will Implementation of this proposed sale will Other $66.9 million. not require the assignment of any additional not require the assignment of any additional Total $140.1 million. U.S. Government or contractor representa- U.S. Government or contractor representa- (iii) Description and Quantity or Quan- tives to Chile. tives to the Republic of Korea. However, U.S. tities of Articles or Services under Consider- There will be no adverse impact on U.S. de- Government or contractor personnel in- ation for Purchase: fense readiness as a result of this proposed country visits will be required on a tem- Major Defense Equipment (MDE): sale. Thirty-thirty (33) Evolved Seasparrow Mis- porary basis in conjunction with program TRANSMITTAL NO. 16–39 siles (ESSMs). technical oversight and support require- Six (6) Evolved Seasparrow Telemetry Mis- Notice of Proposed Issuance of Letter of ments. siles. Offer Pursuant to Section 36(b)(1) of the There will be no adverse impact on U.S. de- Three (3) MK41 Vertical Launching Sys- Arms Export Control Act fense readiness as a result of this proposed tems (VLS), tactical version, baseline VII. Annex Item No. vii sale. Non-MDE: This request also includes the (vii) Sensitivity of Technology: TRANSMITTAL NO. 16–33 following Non-MDE: Five (5) ESSM Shipping l. The sale of Evolved Seasparrow missiles Notice of Proposed Issuance of Letter of Containers, Five (5) MK–73 Continuous Wave (ESSM) under this proposed FMS case will Offer Pursuant to Section 36(b)(1) of the illumination Transmitters, Ten (10) MK25 result in the transfer of classified missile Arms Export Control Act Quad Pack Containers, One (1) Inertial Mis- equipment to Chile. Both classified and un- Annex Item No. vii sile Initializer Power Supply (IMIPS), can- classified defense equipment and technical data will be transferred. The missile includes (vii) Sensitivity of Technology: isters, spare and repair parts, support and the guidance section, warhead section, tran- 1. The SM–2 Block IIIB Standard Missile test equipment, publications and technical sition section, propulsion section, control consists of a Guidance Unit, Dual Thrust documentation, personnel training, U.S. section and Thrust Vector Control (TVC), of Rocket Motor, Steering Control Unit, and Government and contractor engineering, which the guidance section and transition Telemeter with omni-directional antenna. technical and logistics support services, section are classified CONFIDENTIAL. The proposed sale will result in the transfer technical assistance, installation and inte- Standard missile documentation to be pro- of sensitive technology and information as gration oversight support, logistics, program management, packaging and transportation. vided under this FMS case will include: well as classified and unclassified defense a. Parametric documents classified CON- equipment and technical data. The hardware (iv) Military Dcpm1ment: Navy. (v) Prior Related Cases, if any: CI–P–AFO, FIDENTIAL. and installed software is classified SECRET. b. Missile Handling/Maintenance Proce- Training documentation is classified CON- P&A data. (vi) Sales Commission. Fee, etc., Paid, Of- dures. FIDENTIAL. Shipboard operational/tactical fered, or Agreed to be Paid: None. c. General Performance Data classified employment is generally CONFIDENTIAL, (vii) Sensitivity of Technology Contained CONFIDENTIAL but includes some SECRET data. The all-up in the Defense Article or Defense Services d. Firing Guidance classified CONFIDEN- round Standard missiles are classified CON- Proposed to be Sold: See Annex attached. TIAL. FIDENTIAL. Certain operating frequencies e. Dynamics Information classified CON- (viii) Date Report Delivered to Congress: and performance characteristics are classi- FIDENTIAL. July 1, 2016. fied SECRET. 2. The MK 41 Vertical Launching Systems * As defined in Section 47(6) of the Arms 2. If a technologically advanced adversary (VLS) is a fixed, vertical, multi-missile Export Control Act. were to obtain knowledge of the specific launching system with the capability to hardware and software elements, the infor- POLICY JUSTIFICATION store and launch multiple missile variants mation could be-used to develop counter- Chile—Evolved Seasparrow Missiles (ESSMs) depending on the warfighting mission. MK 41 measures which might reduce system effec- The Government of Chile has requested a VLS is a modular, below-deck configuration tiveness or be used in the development of a possible sale of: with each module consisting of 8 missile system with similar or advanced capabili- Major Defense Equipment (MDE): cells with an associated gas management and ties. Thirty-three (33) Evolved Seasparrow Mis- deluge system. The highest classification of 3. A determination has been made that the siles (ESSMs). the hardware to be exported is UNCLASSI- Republic of Korea can provide substantially Six (6) Evolved Seasparrow Telemetry Mis- FIED. The highest classification of the tech- the same degree of protection for the sen- siles. nical documentation to be exported is UN- sitive technology being released as the U.S. Three (3) MK 41 Vertical Launching Sys- CLASSIFIED. The highest classification of Government. This sale is necessary in fur- tems (VLS), tactical version, baseline VII. software to be exported is CONFIDENTIAL.

VerDate Sep 11 2014 08:04 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.043 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4818 CONGRESSIONAL RECORD — SENATE July 6, 2016 3. The proposed sale of ESSM under this Fuel Tanks, sixteen (16) External Auxiliary as a deterrent to regional threats and to FMS case will result in the transfer of sen- Fuel Tanks, and eight (8) C–11822/AWQ Con- strengthen its homeland defense. Israel will sitive technological information and or re- trollers, Armament System. Also included have no difficulty absorbing this equipment stricted information contained in the missile are spares and repair parts, support and test into its armed forces. guidance section. Certain operating fre- equipment, communication equipment, ferry The proposed sale of this equipment and quencies and performance characteristics are support, publications and technical docu- support will not alter the basic military bal- classified SECRET because they could be mentation, U.S. Government and contractor ance in the region. used to develop tactics and/or counter- engineering, technical and logistics support The principal contractors will be Science measures to reduce or defeat missile effec- services, and other related elements of and Engineering Services, LLC, Huntsville, tiveness. logistical and program support. Alabama, and General Electric (GE) of Lynn, 4. If a technologically advanced adversary (iv) Military Department: Navy. Massachusetts. There are no known offset were to obtain knowledge of the specific (v) Prior Related Cases, if any: None. agreements proposed in connection with this hardware and software elements, primarily (vi) Sales Commission, Fee. etc., Paid, Of- potential sale. performance characteristics, engagement al- fered, or Agreed to be Paid: None. Implementation of this proposed sale will gorithms, and transmitter specific fre- (vii) Sensitivity of Technology Contained require the assignment of additional U.S. quencies, the information could be used to in the Defense Article or Defense Services Government and/or contractor representa- develop countermeasures that might reduce Proposed to be Sold: See Annex attached. tives to Israel. weapon system effectiveness. (vii) Date Report Delivered to Congress: TRANSMITTAL NO. 16–40 5. A determination has been made that the July 5, 2016. Notice of Proposed Issuance of Letter of recipient country can provide substantially * as defined in Section 47(6) of the Arms Ex- Offer Pursuant to Section 36(b)(1) of the the same degree of protection for the sen- port Control Act. Arms Export Control Act sitive technology being released as the U.S. POLICY JUSTIFICATION Annex Item No. vii Government. This sale is necessary in fur- Israel—Excess SH–60F Sea-Hawk Helicopter (vii) Sensitivity of Technology: therance of the U.S. foreign policy and na- equipment and support 1. The U.S. Navy primarily employed the tional security objectives outlined in the The Government of Israel has requested to SH–60F as an aircraft carrier based anti-sub- Policy Justification. procure twelve (12) T–700 GE 401C engines marine warfare aircraft and a search and res- 6. All defense articles and services listed in (ten (10) installed and two (2) spares), eight cue support aircraft during carrier flight op- this transmittal have been authorized for re- (8) AN/APN–194(V) Radar Altimeters; eight erations. Unless otherwise noted below, SH– lease and export to Chile. (8) AN/APN–217A Doppler Radar Navigation 60F hardware and support equipment, test Sets; eight (8) AN/ARN–151 (V)2 Global Posi- equipment and maintenance spares are UN- DEFENSE SECURITY tioning Systems; eight (8) AN/APX–100(V) CLASSIFIED. COOPERATION AGENCY, Identification Friend or Foe (IFF) Trans- 2. Global Positioning System (GPS)/Pre- Arlington, VA. ponder Sets; eight (8) OA–8697 A/ARD Direc- cise Positioning Service (PPS)/Selective Hon. BOB CORKER, tion Finding Groups; eight (8) AN/ARN– Availability Anti-spoofing Module (SAASM). Chairman, Committee on Foreign Relations, 118(V) NAV Receivers; eight (8) AN/ARN–146 The GPS/PPS/SAASM provides a Space- U.S. Senate, Washington, DC. On Top Position Indicators; sixteen (16) IP– based Global Navigation Satellite System DEAR MR. CHAIRMAN: Pursuant to the re- 1544A/ASQ–200 Horizontal Situation Video (GNSS) that provides reliable location and porting requirements of Section 36(b)(1) of Displays (HSVD); eight (8) AN/ARC–174A (V)2 time information in all weather at all times the Arms Export Control Act, as amended, HF Radios; sixteen (16) AN/ARC182(V) UHF/ and anywhere on or near the Earth when the we are forwarding herewith Transmittal No. UHF Radios; eight (8) PIN 70600–81010–011 signal is unobstructed line of site to four or 16–40, concerning the Department of the Communication System Controllers; eight more GPS satellites. Navy’s proposed Letter(s) of Offer and Ac- (8) GAU–16 50 Caliber Machine Guns; eight (8) 3. The AN/ARC–182–electronic counter- ceptance to the Government of Israel for de- M–60D/M–240 Machine Guns; eight (8) Inter- countermeasures (ECCM) Radio is a com- fense articles and services estimated to cost nal Auxiliary Fuel Tanks; sixteen (16) Exter- bined Very High Frequency (VHF)/Ultra $300 million. After this letter is delivered to nal Auxiliary Fuel Tanks; and eight (8) C– High Frequency (UHF) military communica- your office, we plan to issue a news release 11822/AWQ Controllers, Armament System. tions system designed for all types of fixed- to notify the public of this proposed sale. Also included are spares and repair parts, wing aircraft and helicopters. Small and Sincerely, support and test equipment, communication light enough to be especially attractive for JENNIFER ZAKRISKI, equipment, ferry support, publications and installation in the lighter aircraft classes, it (For J.W. Rixey, Vice Admiral, USN technical documentation, U.S. Government covers the frequency bands from 30 to 88 MHz Director). in FM, 116 to 156 MHz in AM, 156 to 174 MHz Enclosures. and contractor engineering, technical and lo- gistics support services, and other related in FM and for the UHF band 225 to 400 MHz TRANSMITTAL NO. 16–40 elements of logistical and program support. in both AM and FM modes. Additionally, a Notice of Proposed Issuance of Letter of The estimated cost is $300 million. receiver-only facility covering the band 108 Offer Pursuant to Section 36(b)(1) of the This proposed sale will contribute to the to 116 MHz is provided for navigation pur- Arms Export Control Act, as amended foreign policy and national security of the poses. Channel spacing throughout the range (i) Prospective Purchaser: Government of United States by helping to improve the se- is at 25 KHz intervals. 4. The AN/ARC–174A (V)2 HF Radio pro- Israel. curity of a strategic regional partner, which vides capability to transmit and receive on (ii) Total Estimated Value: has been, and continues to be, an important Major Defense Equipment *—$55 million. force for political stability and economic Upper Sideband (USB), Lower Sideband Other—$245 million. progress in the Middle East. (LSB), and Amplitude Modulation (AM). 5. A determination has been made that Total—$300 million. Israel has been approved to receive eight (iii) Description and Quantity or Quan- (8) SH–60F Sea Hawk Helicopters via the Ex- Government of Israel can provide substan- tities of Articles or Services under Consider- cess Defense Articles (EDA) Program under a tially the same degree of protection for the ation for Purchase: separate notification. That separate notifi- sensitive technology being released as the Major Defense Equipment (MDE): cation included only the SH–60 airframes, U.S. Government. This sale is necessary in Twelve (12) T–700 GE 401C engines (ten (10) thus this transmittal includes all the major furtherance of the U.S. foreign policy and installed and two (2) spares) components and customer-unique require- national security objectives outlined in the Non-MDE: ments requested to supplement the EDA Policy Justification. 6. All defense articles and services listed in This request also includes the following grant transfer. this transmittal have been authorized for re- non MDE items: eight (8) AN/APN–194(V) Israel has purchased four new frigates to lease and export to Israel. Radar Altimeters, eight (8) AN/APN–217A secure the Leviathan Natural Gas Field. The Doppler Radar Navigation Sets, eight (8) AN/ SH–60F helicopters will be used onboard f ARN–151 (V)2 Global Positioning Systems, these new frigates to patrol and protect NATIONAL CONSTITUTION WEEK eight (8) AN/APX–100(V) Identification these gas fields as well as other areas under Friend or Foe (IFF) Transponder Sets, eight threat. Mr. SESSIONS. Mr. President, today (8) OA–8697 A/ARD Direction Finding Groups, The proposed sale will improve Israel’s ca- I wish to recognize the week of Sep- eight (8) AN/ARN–118(V) NAV Receivers, pability to meet current and future threats. tember 17, 2016, as National Constitu- eight (8) AN/ARN–146 On Top Position Indi- The SH–60F Sea-Hawk Helicopters along tion Week. cators, sixteen (16) 1P–1544A/ASQ–200 Hori- with the parts, systems, and support enumer- In September of 1787, our Founding zontal Situation Video Displays (HSVD), ated in this notification will provide the ca- Fathers signed the most influential eight (8) AN/ARC–174A (V)2 HF Radios, six- pability to perform troop/transport deploy- document in American history, the teen (16) AN/ARC182(V) UHF/UHF Radios, ment, communications relay, gunfire sup- eight (8) PIN 70600–81010–011 Communication port, and search and rescue. Secondary mis- U.S. Constitution. Constitution Week System Controllers, eight (8) GAU–16 50 Cal- sions include vertical replenishment, combat was first observed in 1956 with the pur- iber Machine Guns, eight (8) M–60D/M–240 search and rescue, and humanitarian mis- pose of celebrating this historic docu- Machine Guns, eight (8) Internal Auxiliary sions. Israel will use the enhanced capability ment and recognizing the Constitution

VerDate Sep 11 2014 08:04 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.045 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4819 as the basis for America’s great herit- tional Park, which was established in several serious medical procedures, in- age and the foundation for our way of 1929. In addition to boasting one of the cluding two open heart surgeries to re- life. In addition, this week is observed most recognizable mountain ranges in pair her heart. Doctors also rec- to emphasize the responsibilities of the world, this park is home to the fa- ommended that Zannah’s parents be citizens for protecting and defending mous Snake River. screened to ensure that Zannah’s heart the Constitution and encouraging the I also mentioned that the National defects weren’t genetic. As a result of study of the historical events which led Park Service helps to oversee national the screenings, it was discovered that to the framing of the Constitution. monuments. That includes the coun- Zannah’s mother had hypoplastic left The students at Olive J. Dodge Ele- try’s first national monument, which is heart syndrome. mentary in Mobile, AL, taught by also in Wyoming. Devils Tower was de- Zannah is now a healthy and active Janet Leffard, annually ring bells dur- clared the first national monument in 4-year-old who loves to dance and sing. ing Constitution Week to recognize the 1906 and is one of the most unique for- Stories like Zannah’s highlight the im- importance of this document to our mations in the world. It is a great portance of medical institutions like country. I would like to follow their place for hiking, climbing, or just tak- Johns Hopkins, where she received example honoring Constitution Week ing in the views. care, as well as the Children’s Miracle and its significance. Wyoming is also home to Fossil Network who helped make this access The U.S. Constitution established Butte National Monument, which con- to care possible. America’s national government and tains one of the largest deposits of Because of medical research, lives fundamental laws, while also guaran- freshwater fish fossils in the world. At like Zannah’s are saved and improved. teeing certain rights for its citizens. this monument, you can see fossils of Chronic diseases are better managed. Out entire structure of government is everything from perch to stingrays. We are better able to detect diseases at directed by this brilliant charter. I would be remiss if I did not mention their earliest and most treatable stages Though we are a relatively new nation, Fort Laramie National Historic Site in and people survive conditions that our Constitution is the longest existing Wyoming. Fort Laramie was estab- were once considered fatal. These im- constitution in the world. It has pro- lished as a fur trading fort in 1834 and provements did not just happen over- vided us security, prosperity, stability, became an Army post in 1849. The fort night; they happened because we in- and freedom—qualities of life few other was the site of many important treaty vested needed resources and because we people in the world possess. negotiations and became a part of the supported our Nation’s brilliant med- Please join me in recognizing the National Park System in 1938. ical workforce. We must continue to do week of September 17 as Constitution My home State also has the Bighorn so. Week, the anniversary of the day the Canyon National Recreation Area. Medical research is an investment framers signed this great document. There are about 28 miles of trails, boat- that helps Americans to live longer and I thank the Chair. ing opportunities, and historic ranches with better quality of life. We must not f at this national park area, which was abandon our commitment to devel- established in 1966. oping new techniques and technologies 100TH ANNIVERSARY OF THE These are just a few of the 412 areas for curing and preventing illness. NATIONAL PARK SERVICE managed by the National Park System, Since 1983, the Children’s Miracle Mr. ENZI. Mr. President, today I but I think they are some of the best. Network has raised $5 billion and dis- wish to commemorate the 100th anni- Wyoming is proud of its national park tributed it to 170 children’s hospitals. versary of the National Park Service. areas, and we are proud to celebrate The hospitals use these donations for On August 25, 1916, President Wood- the National Park Service’s centennial. uncompensated care, family lodging, row Wilson signed a bill creating the I want close by acknowledging the and travel expenses and research. In National Park Service to oversee the hard work of the men and women who the case of Zannah, these donations country’s parks and monuments. Since have maintained these special places of helped fund the medical equipment then, the National Park Service has discovery and learning in Wyoming and that ultimately saved her life. been asked to serve generations of visi- across our Nation. Thank you to the The funds that hospitals receive from tors by helping to provide a gateway to over 20,000 men and women of the Na- the Children’s Miracle Network pro- the wonders of our nation. Our children tional Park Service who go to work vides a safety net to families under in- and grandchildren have had the oppor- each day as caretakers, craftsmen, and credible stress. tunity to experience things that can- teachers to make America’s national Johns Hopkins Children’s Center and not be fully appreciated by pictures in parks second-to-none. the Children’s Miracle Network played a book or lessons in a classroom. May Thank you. a role in saving Zannah’s life, as well that gateway remain open for the next f as diagnosing her mother’s heart issue. 100 years and beyond. This would not have been possible were Now, this is something we should all RECOGNIZING JOHNS HOPKINS it not for advances in medical research celebrate, but it is especially impor- AND THE CHILDREN’S MIRACLE and the support that the Children’s tant to me because Wyoming is home NETWORK Miracle Network provides. Every to some of the best National Park Ms. MIKULSKI. Mr. President, today minute, 62 children enter a Children’s Service areas in this country, including I recognize the incredible work of the Miracle Network hospital. Unfortu- the very first national park. Children’s Miracle Network. Through nately, some children are not as lucky Yellowstone National Park was their efforts to raise money for chil- as Zannah. Let’s continue to support named our first national park in 1872, dren’s hospitals across the United medical research and family safety net well before the existence of the Na- States, countless children and families programs so that all children have the tional Park Service. It was ‘‘set apart have had access to lifesaving health opportunity to live a full and healthy as a public park or pleasuring ground services. life. for the benefit and enjoyment of the One of these children is Zannah Si- f people’’ for good reason. Every elemen- mons of Baltimore, MD. As a newborn, tary school student learns about Old Zannah was diagnosed with a prenatal RECOGNIZING THE CRUISE Faithful, the geyser that erupts about heart defect and a hypoplastic right TRAVEL INDUSTRY 17 times a day at Yellowstone, but Yel- heart. One day, Zannah was taken to Mr. BOOKER. Mr. President, today I lowstone is also home to more than 60 the hospital in cardiac arrest and diag- wish to acknowledge the creativity and different mammals, more than 300 dif- nosed with a rare bacterial infection. professionalism of the men and women ferent birds, more than 15 species of She was placed on a life support ma- of the cruise travel industry. Up until fish, and 10 species of reptiles and am- chine that took over the function of the early 1800s, cruise ships were pri- phibians. her heart and lungs and was given 24 to marily concerned with transporting Of course, Yellowstone isn’t Wyo- 48 hours to live. mail and cargo. It wasn’t until 1818 ming’s only national park. My home However, Zannah survived, and that that the first cruise ship company to State is also home to Grand Teton Na- hospital visit marked the beginning of transport passengers began regular

VerDate Sep 11 2014 06:21 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.067 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4820 CONGRESSIONAL RECORD — SENATE July 6, 2016 service from the United States to Eu- sian city who repelled Napoleon’s inva- York Village and Corner Ever-Ready rope. Since then, cruising has become sion in 1812 with great courage and sac- Volunteer Fire Company was orga- one of the most popular and unique rifice. nized, with Bert Newick as the first methods of traveling enjoyed by my The first settlers were drawn by fer- chief. Enthusiasm for this new endeav- constituents and individuals and fami- tile soil, vast forests, and fast-moving or was so high that one writer observed lies across the country. waters, which they turned into produc- that ‘‘it seemed as though three-quar- The cruise ship industry would not tive farms and busy mills. The wealth ters of the town’s eligible young men have taken off if it weren’t for the dili- produced by the land and, by hard work were becoming volunteer firefighters.’’ gent men and women who undergo a se- and determination, was invested in Enthusiasm remains just as high ries of training programs and profes- schools and churches to create a true today. York Fire Department fire- sional development to become cruise community. fighters are true volunteers, receiving travel professionals. The industriousness of Moscow is no compensation for their rigorous In 2014, the cruise industry generated demonstrated by two remarkable feats training and dangerous duties. In addi- approximately 375,000 American jobs of engineering. In 1904, construction tion to advanced training in fire- and generated $46 billion in gross out- began on the Gulf Stream Trestle fighting and hazardous materials re- put of spending on both crew members across Austin Stream to extend the sponse, the majority of York’s volun- and passengers. In New Jersey alone, Somerset Railroad in order to grow the teers have EMT or paramedic certifi- the cruise industry has generated over logging and outdoor recreation indus- cation. The department has only three 7,500 jobs and $451 million in income. tries. Seven hundred feet long and 125 paid positions to ensure that the fire Traveling by cruise has changed the feet high, the trestle was one of the station is staffed around the clock. way Americans vacation. Cruising of- largest structures to span a river in The people of York are grateful for fers unique amenities, activities for New England. these efforts and have supported fund- families, entertainment, fine dining, Although the trestle has been re- ing for many improvements to equip- and experiences before the destination moved, the Wyman Dam remains one of ment and facilities through the years. is even reached. This summer, as the town’s most outstanding features, Individual citizens have stepped for- American families hopefully enjoy supplying power to a large part of cen- ward to provide such vital equipment more leisure time, let’s thank and ac- tral Maine. Replacing a natural course as the department’s first two-way ra- knowledge the workers in the travel of rapids 140 feet high on the Kennebec dios in 1954 and its first fire/rescue boat and tourism industry, including cruise River, the construction of the dam in 2004. A special project of the York Fire De- travel professionals who contribute to began in 1928, and the dam was in oper- partment Auxiliary, the Southern this country’s economy. ation just 2 years later. This massive Maine Advanced Rehab Team, consists project required a labor force of 2,400 f of people who want to help out but are workers, whose families had to be 200TH ANNIVERSARY OF THE unable to serve as firefighters. Their housed, so a settlement of nearly 300 TOWN OF MOSCOW, MAINE SMART truck provides drinking water, homes was built, along with a school coffee, food, communications, and port- Ms. COLLINS. Mr. President, today I for the children. In addition to elec- able radio battery charging at fire wish to commemorate the 200th anni- tricity, the project created beautiful scenes, as well as misting fans to cool versary of the town of Moscow, ME. Wyman Lake, one of Maine’s largest Lying at the foothills of Maine’s West- the firefighters. These volunteers are lakes and a favorite recreation destina- invaluable at any fire scene and often ern Mountains and on the banks of the tion. mighty Kennebec River, Moscow was respond to fires in neighboring towns. Moscow has always been a town of in- Firefighters from throughout Maine built with a spirit of determination and volved citizens, working hard and will join in the centennial observance resilience that still guides the commu- working together. The planning and this September when the Maine State nity today. This bicentennial is a time volunteerism that have gone into this Federation of Firefighters holds its to celebrate the generations of hard- yearlong bicentennial celebration con- 53rd annual convention in York. The working and caring people who have firm that this spirit grows only strong- convention will coincide with the 15th made it such a wonderful place to live, er. Thanks to those who came before, anniversary of the 9/11 attacks and will work, and raise families. Moscow has a wonderful history. commemorate all firefighters who have Moscow is a small town with a big Thanks to those who are there today, lost their lives while saving the lives of history. In the fall of 1775, Colonel it has a bright future. others. Among those memorialized will Benedict Arnold—before he became a f be Lt. Wayne Fuller who was killed traitor—led the newly formed Conti- 100TH ANNIVERSARY OF THE YORK while responding to a fire in 1974, the nental Army through the region on the only York firefighter to fall in the line ill-fated but valiant attempt to capture FIRE DEPARTMENT IN YORK, MAINE of duty. Quebec. While the first major military America’s firefighters play a vital initiative of the Revolutionary War Ms. COLLINS. Mr. President, today I role in the security of our Nation and failed, it demonstrated the American wish to recognize the 100th anniversary the safety of our people. Whether it is resolve that would eventually bring of the founding of the York Fire De- in response to a terrorist attack, a nat- independence. One of the oldest graves partment in the town of York, ME. It ural disaster, or a fire, Americans rely in Moscow’s Union Cemetery is that of is an honor to congratulate the dedi- on our firefighters, and our firefighters Joseph Kirk, one of the regiment’s cated firefighters, past and present, for always answer the call. The firefighters men, and Baker Cemetery is the final their skill and courage in protecting of York, ME, are a shining example of resting place of David Decker, a mem- their community. that commitment, and I join the people ber of the Boston Tea Party. The York Fire Department was es- of their town in saluting them for a After independence was won, settle- tablished in the aftermath of a disas- century of service. ment began when two great patriots— trous fire at a seaside resort hotel on f the financier William Bingham and January 26, 1916. At that time, the only General Henry Knox—joined together fire protection in the town was REMEMBERING MARGARET in the famous Bingham Purchase, the headquartered at York Beach, some 3 SCHLICKMAN acquisition of 2 million acres of Maine miles away. Although the York Beach Mr. KIRK. Mr. President, today I wilderness. Shortly afterward, the first firefighters responded valiantly, the honor the life of Margaret Schlickman, sawmill was built, the timber industry distance, winter conditions, and inad- who passed away on July 1, 2016, at the thrived, and the population boomed. equate equipment prevented them from age of 86. Margaret was a 50-year resi- When the town was officially incor- saving the large wooden structure. dent of Arlington Heights, IL, and was porated on January 30, 1816, the citi- A town with two distinct and distant a mother, grandmother, dedicated con- zens chose the name of their new com- residential and commercial districts gressional staffer, community leader, munity with care, finally selecting clearly needed two fire departments, so and a passionate advocate for the Moscow to honor the people of the Rus- immediately after the resort fire, the homeless.

VerDate Sep 11 2014 06:21 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.066 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4821 Margaret was born in Rockford, IL, for becoming an accomplished military ADDITIONAL STATEMENTS but later moved to Arlington Heights, pilot during his three tours in Vietnam and during her time there, she was an flying a Huey helicopter gunship. active member of St. James Catholic Ron’s helicopter was under constant TRIBUTE TO ASHLEY CLARK Church. Through the church’s out- hostile fire. He described his responsi- ∑ Mr. BARRASSO. Mr. President, I reach, she witnessed the area’s migrant bility to the Jonesboro Sun as sup- would like to take the opportunity to farmworkers’ housing plight and be- porting ‘‘the insurgence of troops, tak- express my appreciation to Ashley came a member of the inaugural Vil- ing them out if they got injured in a Clark for her hard work as an intern in lage Housing Commission in 1979. She battle with the enemy on the ground. my Cheyenne office. I recognize her ef- continued in that post through 2006. It was what I trained to do, and we did forts and contributions to my office, as Locally, she was known as the ‘‘hous- it to the best part of our ability be- well as to the State of Wyoming. ing leader of Arlington Heights,’’ and cause it meant the survival of our Ashley is a native of Gillette, and a she spent much of her time volun- troops on the ground. That’s why we graduate of Campbell County High teering with Public Action to Deliver did it.’’ School. She is a senior at the Univer- Shelter, PADS, in Illinois, a provider of Among his military decorations are sity of Wyoming, where she is studying shelter and support services for the two Distinguished Flying Crosses and kinesiology and health promotion. She homeless. two Bronze Stars. has demonstrated a strong work ethic, In 1978, Margaret joined the staff of After retiring from the military in which has made her an invaluable asset U.S. Senator Charles Percy, and in 1980, Mr. Miller lived in Atlanta, GA. to our office. The quality of her work is 1980, she began working for newly He became inspired to find a way for reflected in her great efforts over the him and fellow Vietnam veterans to at- elected Congressman John Porter. She last several months. retired from Congressman Porter’s of- tend the dedication of the Vietnam I want to thank Ashley for the dedi- fice in 1996 as the supervisor of con- Veterans Memorial in Washington, DC. cation she has shown while working for Ron accomplished this by leasing a stituent services. I first met Margaret me and my staff. It was a pleasure to plane from Delta Airlines and flying while we were both working for Con- have her as part of our team. I know nearly 300 Vietnam veterans to Wash- gressman Porter. She taught all who she will have continued success with ington to attend the dedication cere- worked with her the important com- all of her future endeavors. I wish her mony. ∑ mitment to constituent services and His leadership gained the attention all my best on her next journey. lived by the premise that the con- of President Ronald Reagan who ap- f stituent was always right unless prov- pointed him executive director of the TRIBUTE TO JOSH DILLINGER en wrong. Congressman Porter was Georgia Vietnam Veterans Leadership ∑ Mr. BARRASSO. Mr. President, I known during his time in office for his Program, GVVLP, a State program would like to take the opportunity to excellent constituent service; much of that helped more than 3,000 veterans express my appreciation to Josh this is due to the hard work and dedi- find full-time employment. Under Dillinger for his hard work as an intern cation of Margaret, as well as the Ron’s leadership, the organization re- in the Senate Committee on Indian Af- training she provided to the staffers ceived numerous accolades and was fairs. I recognize his efforts and con- who worked with her. She was a dedi- recognized by President George H.W. tributions to my office, as well as to cated public servant, and no one epito- Bush, who presented Ron and the the State of Wyoming. mized being a congressional staffer in GVVLP with his prestigious Thousand Josh is a native of Buffalo and a the way Margaret Schlickman did. Points of Light award for their service graduate of Buffalo High School. He Margaret continued to be active in to veterans and their families. the community after she retired from Ron brought the Vietnam war to the currently attends the Colorado Mesa Congressman Porter’s office, including silver screen as the associate producer University, where he studies K–12 art in politics. When I decided to run for of ‘‘Beyond Courage—Surviving Viet- education. He has demonstrated a Congress, Margaret helped my cam- nam as POW,’’ served as master of strong work ethic, which has made him paign from the start, being an early ceremonies for the world premiere of an invaluable asset to our office. The supporter of my first congressional the Golden Globe winning HBO movie, quality of his work is reflected in his race. I remember fondly meeting in her ‘‘Path to War,’’ and wrote a book about great efforts over the last several kitchen in Arlington Heights at the his service ‘‘Vietnam Special Flight, months. start of my 2000 campaign, and she re- Inc.’’ I want to thank Josh for the dedica- mained a true ally and friend through- Mr. Miller served as the national vet- tion he has shown while working for out my time in office. eran adviser for the National League of me and my staff. It is a pleasure to Margaret Schlickman will be missed POW-MIA Families of Southwest Asia. have him as part of our team. I know by her family, her community, and by He also had the opportunity to visit he will have continued success with all me. Her legacy of service to others is the recovery headquarters in Hawaii of his future endeavors. I wish him all one which we all should strive to meet. and Vietnam. my best on his journey.∑ f He returned to northeast Arkansas in f 2004 and continued his commitment to TRIBUTE TO NICK DILLINGER REMEMBERING RON MILLER veterans. He established a scholarship Mr. BOOZMAN. Mr. President, today for Arkansas State University cadets ∑ Mr. BARRASSO. Mr. President, I I wish to recognize the life of Ron Mil- and volunteered at the Beck PRIDE would like to take the opportunity to ler for his dedication to our country Center, among other services to our express my appreciation to Nick and his fierce advocacy on behalf of the veterans. He was inducted into the Ar- Dillinger for his hard work as an intern veteran community. kansas Military Veterans’ Hall of in my Washington, DC, office. I recog- Mr. Miller was born January 20, 1938, Fame in 2012. He spent his life showing nize his efforts and contributions to in West Ridge, AR. He graduated from the remarkable difference that one my office, as well as to the State of Mississippi County High School in 1955. man can make. Wyoming. He was enrolled in ROTC at Arkansas After a lifetime dedication to his Nick is a native of Gillette and a State College and continued in the pro- country and his fellow veterans, Ron graduate of Campbell County High gram after fulfilling a 2-year require- passed away on June 28, 2016, in School. He recently graduated from UC ment. He was one of 11 cadets at the Jonesboro, AR. Berkeley, where he studied the school chosen to get their private fly- Ron was a true American hero, not globalization of energy. He will be at- ing license through an Army training only for his heroic military service, but tending law school this fall. He has program. After graduating in 1959, he for the way he lived his life. He was a demonstrated a strong work ethic, was commissioned a second lieutenant great example for myself and countless which has made him an invaluable in the U.S. Army. others. I offer my prayers and sincere asset to our office. The quality of his He used the skills he learned at the condolences to his loved ones on their work is reflected in his great efforts Jonesboro Airport as the foundation loss. over the last several months.

VerDate Sep 11 2014 07:04 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.070 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4822 CONGRESSIONAL RECORD — SENATE July 6, 2016 I want to thank Nick for the dedica- work is reflected in his great efforts has made her an invaluable asset to tion he has shown while working for over the last several months. our office. The quality of her work is me and my staff. It is a pleasure to I want to thank Colton for the dedi- reflected in her great efforts over the have him as part of our team. I know cation he has shown while working for last several months. he will have continued success with all me and my staff. It is a pleasure to I want to thank Ashlee for the dedi- of his future endeavors. I wish him all have him as part of our team. I know cation she has shown while working for my best on his journey.∑ he will have continued success with all me and my staff. It was a pleasure to have her as part of our team. I know f of his future endeavors. I wish him all my best on his journey.∑ she will have continued success with TRIBUTE TO AARON EGER all of her future endeavors. I wish her f ∑ ∑ Mr. BARRASSO. Mr. President, I all my best on her next journey. would like to take the opportunity to TRIBUTE TO CHASSIDY MENARD f express my appreciation to Aaron Eger ∑ Mr. BARRASSO. Mr. President, I TRIBUTE TO TANNER PETERSEN for his hard work as an intern in my would like to take the opportunity to ∑ Mr. BARRASSO. Mr. President, I Casper office. I recognize his efforts express my appreciation to Chassidy would like to take the opportunity to and contributions to my office, as well Menard for her hard work as an intern express my appreciation to Tanner Pe- as to the State of Wyoming. in my Sheridan office. I recognize her tersen for her hard work as an intern in Aaron is a sophomore at Casper Col- efforts and contributions to my office, my Rock Springs office. I recognize her lege, where he is studying inter- as well as to the State of Wyoming. efforts and contributions to my office, national studies. He has demonstrated Chassidy is a native of Lafayette, as well as to the State of Wyoming. a strong work ethic, which has made LA. She is a junior at Wyoming Catho- Tanner is a native of Ferron, UT. She him an invaluable asset to our office. lic College, where she studies liberal is a sophomore at Western Wyoming The quality of his work is reflected in arts. She has demonstrated a strong Community College, where she is cur- his great efforts over the last several work ethic, which has made her an in- rently studying political science and months. valuable asset to our office. The qual- communications. She has dem- I want to thank Aaron for the dedica- ity of her work is reflected in her great onstrated a strong work ethic, which tion he has shown while working for efforts over the last several months. has made her an invaluable asset to me and my staff. It is a pleasure to I want to thank Chassidy for the our office. The quality of her work is have him as part of our team. I know dedication she has shown while work- reflected in her great efforts over the he will have continued success with all ing for me and my staff. It was a pleas- last several months. of his future endeavors. I wish him all ure to have her as part of our team. I I want to thank Tanner for the dedi- my best on his journey.∑ know she will have continued success cation she has shown while working for f with all of her future endeavors. I wish me and my staff. It was a pleasure to her all my best on her next journey.∑ have her as part of our team. I know TRIBUTE TO CHASE GOODNIGHT f she will have continued success with ∑ Mr. BARRASSO. Mr. President, I all of her future endeavors. I wish her would like to take the opportunity to TRIBUTE TO TIFFANY MORTIMORE all my best on her next journey.∑ express my appreciation to Chase ∑ Mr. BARRASSO. Mr. President, I f Goodnight for his hard work as an in- would like to take the opportunity to TRIBUTE TO ASHLEY SAULCY tern in the Senate Committee on In- express my appreciation to Tiffany ∑ dian Affairs. I recognize his efforts and Mortimore for her hard work as an in- Mr. BARRASSO. Mr. President, I contributions to my office, as well as tern in my Washington, DC, office. I would like to take the opportunity to to the State of Wyoming. recognize her efforts and contributions express my appreciation to Ashley Chase is a native of Oklahoma and a to my office, as well as to the State of Saulcy for her hard work as an intern graduate of the University of Okla- Wyoming. in my Washington, DC, office. I recog- homa. He currently attends the Univer- Tiffany is a native of Thermopolis nize her efforts and contributions to sity of Oklahoma College of Law. He and a graduate of Hot Springs County my office, as well as to the State of has demonstrated a strong work ethic, High School. She is currently studying Wyoming. Ashley is a native of Casper and a which has made him an invaluable business administration at Laramie graduate of Kelly Walsh High School. asset to our office. The quality of his County Community College. She has She recently graduated from the Uni- work is reflected in his great efforts demonstrated a strong work ethic, versity of Wyoming, where she received over the last several months. which has made her an invaluable asset a bachelor’s degree in international re- I want to thank Chase for the dedica- to our office. The quality of her work is lations. She will attend graduate tion he has shown while working for reflected in her great efforts over the school at Syracuse University this fall. me and my staff. It is a pleasure to last several months. She has demonstrated a strong work have him as part of our team. I know I want to thank Tiffany for the dedi- ethic, which has made her an invalu- he will have continued success with all cation she has shown while working for able asset to our office. The quality of of his future endeavors. I wish him all me and my staff. It was a pleasure to her work is reflected in her great ef- my best on his journey.∑ have her as part of our team. I know forts over the last several months. f she will have continued success with I want to thank Ashley for the dedi- all of her future endeavors. I wish her cation she has shown while working for TRIBUTE TO COLTON MCCABE ∑ all my best on her next journey. me and my staff. It was a pleasure to ∑ Mr. BARRASSO. Mr. President, I f have her as part of our team. I know would like to take the opportunity to she will have continued success with TRIBUTE TO ASHLEE PATRICELLI express my appreciation to Colton all of her future endeavors. I wish her McCabe for his hard work as an intern ∑ Mr. BARRASSO. Mr. President, I all my best on her next journey.∑ in my Cheyenne office. I recognize his would like to take the opportunity to f efforts and contributions to my office, express my appreciation to Ashlee as well as to the State of Wyoming. Patricelli for her hard work as an in- TRIBUTE TO EMILY SPIEGELBERG Colton is a graduate of Howard tern in my Casper office. I recognize ∑ Mr. BARRASSO. Mr. President, I Payne University, where he studied po- her efforts and contributions to my of- would like to take the opportunity to litical science. He recently completed fice, as well as to the State of Wyo- express my appreciation to Emily his first year of school at the Univer- ming. Spiegelberg for her hard work as an in- sity of Wyoming School of Law. He has Ashlee lives in Casper, where she is tern in the Republican policy com- demonstrated a strong work ethic, currently studying business adminis- mittee. I recognize her efforts and con- which has made him an invaluable tration at Casper College. She has dem- tributions to my office, as well as to asset to our office. The quality of his onstrated a strong work ethic, which the State of Wyoming.

VerDate Sep 11 2014 06:21 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.062 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4823 Emily is a native of Sheridan and a fuel and radioactive waste, holds 23 $2.4 billion SFO Master Plan, which in- graduate of Sheridan High School. She U.S. patents and 6 Russian patents, and cluded the construction of the new is currently a sophomore at the Uni- has published more than 180 journal ar- international terminal, a BART sta- versity of Wyoming, where she is ma- ticles, reports, and conference pro- tion linking the airport to the Bay joring in kinesiology. She has dem- ceedings. Area, and the AirTrain light-rail sys- onstrated a strong work ethic, which Dr. Mark DeHart is a distinguished tem connecting all terminals. has made her an invaluable asset to R&D nuclear engineer in the INL’s Re- Other more recent SFO accomplish- our office. The quality of her work is actor Physics Analysis and Design De- ments include a new terminal 2—the reflected in her great efforts over the partment, and he also serves as deputy first and only LEED Gold terminal in last several months. director for Reactor Physics Modeling the United States—and the completion I want to thank Emily for the dedica- and Simulation. Mark is the principal of a new Federal Aviation Administra- tion she has shown while working for investigator and research director for tion Air Traffic Control tower that was me and my staff. It was a pleasure to development and validation of a mod- completely designed and built by air- have her as part of our team. I know eling and simulation capability for the port staff. she will have continued success with Transient Reactor Test Facility, Under his leadership, the airport is all of her future endeavors. I wish her TREAT, under the U.S. Department of currently undertaking a $4.3 billion 10- all my best on her next journey.∑ Energy Nuclear Energy Advanced Mod- year capital improvement plan, includ- ing a new four-star on-airport hotel, f eling and Simulation program, NEAMS. Dr. DeHart came to the INL the redevelopment of terminal 1 and TRIBUTE TO JENIELLE STOUT in 2010 from Oak Ridge National Lab- terminal 3, as well as an extension of ∑ Mr. BARRASSO. Mr. President, I oratory, and he has extensive experi- the AirTrain system to the long-term would like to take the opportunity to ence in reactor physics, criticality parking garage. By the time the cap- express my appreciation to Jenielle safety, depletion and spent fuel charac- ital project is complete in 2023, it is an- Stout for her hard work as an intern in terization, cross-section processing, ticipated that it will have created the Republican Policy Committee. I and computer code verification and more than 36,000 jobs over the 10-year recognize her efforts and contributions validation. Mark holds bachelor’s, mas- period. John exemplifies excellence in public to my office, as well as to the State of ter’s, and Ph.D. degrees in nuclear en- service. Under his guidance, San Fran- Wyoming. gineering from Texas A&M University cisco International Airport has truly Jenielle is a native of Casper and a and is the current chair of the Idaho flourished. I thank him for his tireless graduate of Natrona County High Section of the ANS. Dr. DeHart has efforts on behalf of the city and county School. She is currently a sophomore more than 100 publications in journals, of San Francisco and the Bay Area re- at the University of Colorado at Colo- conference proceedings, and national rado Springs, where she is majoring in gion. laboratory reports related to computa- Again, I congratulate John Martin on mechanical engineering. She has dem- tional methods and other fields. a job well done and wish him a long onstrated a strong work ethic, which Congratulating Dr. Terry Todd and and healthy retirement.∑ has made her an invaluable asset to Dr. Mark DeHart for receiving this our office. The quality of her work is prestigious recognition is a great honor f reflected in her great efforts over the and a reminder of the many talented TRIBUTE TO TRENTON ALENIK last several months. Idahoans working at the INL. The men ∑ Mr. HELLER. Mr. President, today I I want to thank Jenielle for the dedi- and women who do exceptional re- wish to congratulate an extremely tal- cation she has shown while working for search, development, and testing at the ented athlete and dedicated mentor, me and my staff. It was a pleasure to Idaho National Laboratory are greatly Trenton Alenik, who has gone above have her as part of our team. I know deserving of recognition. Thank you, and beyond in his endeavors to help Ne- she will have continued success with Terry and Mark, for your hard work, vada’s youth. Recently, Mr. Alenik was all of her future endeavors. I wish her and congratulations on your many ac- recognized for his work by the U.S. all my best on her next journey.∑ complishments.∑ Tennis Association with the Sandy f f Tueller Service Award. It gives me TRIBUTE TO DR. TERRY TODD TRIBUTE TO JOHN L. MARTIN great pleasure to recognize him for this AND DR. MARK DeHART much-deserved accolade. ∑ Mrs. FEINSTEIN. Mr. President, Mr. Alenik first became interested in ∑ Mr. CRAPO. Mr. President, along today I wish to express my thanks and the Marty Hennessy Inspiring Children with my colleague Senator JIM RISCH, I appreciation to John L. Martin for the Foundation as a teenager when he wish to honor Dr. Terry Todd and Dr. excellent job he has done as director of began volunteering for the organiza- Mark DeHart, researchers at the Idaho San Francisco International Airport. tion to earn his tennis scholarship. National Laboratory, INL. The Amer- After more than 30 years of public serv- During this time, he became increas- ican Nuclear Society, ANS, recently ice, Mr. Martin will be retiring this ingly involved with the foundation by recognized both as Fellows, which is summer. organizing events and trips and men- the highest honor ANS bestows on an John has served as airport director toring children. After a successful col- individual. These two world-class re- since November 1995 and has been with legiate tennis career at Villanova Uni- searchers are being recognized for their the airport since 1981. He was the versity, he returned to Las Vegas to outstanding leadership, professional founding president of the California once again be involved with the foun- accomplishments, and service to the Airports Council, a statewide consor- dation. Since that time, Mr. Alenik has profession. tium of 30 commercial airports that climbed the ladder and now leads the Dr. Terry Todd is the INL Fuel Cycle was formed in December 2009, and organization as executive director. In Science & Technology Director and an serves on the executive committee of this role, he spearheads development of INL Laboratory Fellow. Terry’s pri- the Bay Area Council, as well as the various educational programs, leader- mary focus is directing research and board of directors of San Francisco ship programs, and organizes trips to development of advanced technologies Travel. John also served as a past help provide students the opportunity for spent nuclear fuel recycling and member of the board of directors and for higher education. I am grateful to other chemical separation applica- vice president of the Airports Council have someone of such dedication work- tions. Dr. Todd holds bachelor’s and International-Pacific Region and was a ing on behalf of Nevada’s youth. The master’s degrees in chemical engineer- former board member of ACI-North great State of Nevada is fortunate to ing from Montana State University and America. have Mr. Alenik leading the way at a Ph.D. in radiochemical engineering During his tenure at SFO, the airport this important foundation. from Khlopin Radium Institute in St. has undergone a truly impressive series The Marty Hennessy Inspiring Chil- Petersburg, Russia. Terry has 33 years of expansions and improvements. John dren Foundation was initially created of experience in chemical separation oversaw one of the largest public works to motivate children through men- technologies involving spent nuclear projects in the country at the time: the toring, education, tennis, and helping

VerDate Sep 11 2014 07:04 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.059 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4824 CONGRESSIONAL RECORD — SENATE July 6, 2016 support those children who lacked the mestic abuse, maltreatment, and ne- clearly earned the honor of the Na- finances and resources to participate in glect. She truly served as a staunch tional Community Leadership Award sports tournaments. The foundation supporter of those in need, and her from the Association of Defense Com- now aids nearly 500 students and has dedication with the NCJFCJ will be munities, and I thank him for his dedi- grown to help support students in their sorely missed. I am thankful to have cated service to Fort Polk, its military ambitions to attend a college or uni- had her working on behalf of Nevadans and civilian employees, and to the versity. The organization provides nu- for over half a decade. State of Louisiana.∑ merous programs to students, includ- I ask my colleagues and all Nevadans f ing SAT preparatory classes, tutoring, to join me in thanking Ms. Bickett for MESSAGE FROM THE HOUSE career-focused programs, athletic pro- her dedication to helping children and RECEIVED DURING ADJOURNMENT grams, and leadership programs. Those families throughout Nevada and across working at this organization, including the Nation. She exemplifies the highest ENROLLED BILL SIGNED Mr. Alenik, stand as role models in standards of leadership and service and Under the authority of the order of helping our community. Mr. Alenik should be proud of her long and mean- the Senate of January 6, 2015, the Sec- should be commended for the time and ingful career. I am proud to call her a retary of the Senate, on June 30, 2016, effort he has put forth to accomplish fellow Nevadan and wish her well in all during the adjournment of the Senate, the mission of this fine organization. of her future endeavors.∑ received a message from the House of Today I ask my colleagues and all f Representatives announcing that the Nevadans to join me in congratulating Speaker pro tempore (Mr. HARRIS) has TRIBUTE TO MICHAEL REESE Mr. Alenik on receiving this pres- signed the following enrolled bill: tigious award and in thanking him for ∑ Mr. VITTER. Mr. President, today I S. 2328. An act to reauthorize and amend all of his hard work. I am honored to wish to honor Michael Reese, chairman the National Sea Grant College Program call him a fellow Nevadan, and I wish of Fort Polk Progress, who received Act, and for other purposes. him the best of luck as he continues in the 2016 National Community Leader- Under the authority of the order of his endeavors with the Marty Hennessy ship Award from the Association of De- the Senate of January 6, 2015, the en- Inspiring Children Foundation.∑ fense Communities. rolled bill was signed on June 30, 2016, Originally from Leesville, LA, Reese f during the adjournment of the Senate, attended Leesville High School and by the President pro tempore (Mr. TRIBUTE TO MARI KAY BICKETT later graduated at the University of HATCH). ∑ Louisiana at Monroe. In 2006, he was Mr. HELLER. Mr. President, today I f wish to congratulate Mari Kay Bickett one of the founders of Fort Polk on her retirement after serving as chief Progress, a regional organization that MESSAGE FROM THE HOUSE executive officer of the National Coun- supports Fort Polk and the Joint Read- At 12:45 p.m., a message from the cil of Juvenile and Family Court iness Training Center. With his roots House of Representatives, delivered by Judges, NCJFCJ, for over 5 years. It in the Fort Polk area, Reese set out to Mrs. Cole, one of its reading clerks, an- gives me great pleasure to recognize ensure that military families would be nounced that the House has passed the her years of hard work and commit- heard in decisions taking place at the following bills, in which it requests the ment to making this organization the fort. Through his hard work over the concurrence of the Senate: best it can be. years, Michael has fought to support H.R. 1838. An act to establish the Clear Prior to her work with the NCJFCJ, the needs of the base, while also ad- Creek National Recreation Area in San Be- Ms. Bickett served as academic direc- dressing the needs of the community. nito and Fresno Counties, California, to des- tor for the National Judicial College in In recent years, he worked with na- ignate the Joaquin Rocks Wilderness in such Reno, in addition to practicing law in tional leaders to obtain a new elemen- counties, and for other purposes. northern Nevada. She also served as a tary school for Fort Polk that will H.R. 2273. An act to authorize the Sec- retary of the Interior to amend the Definite judge pro tem in the Reno Municipal serve more than 800 students and will Plan Report for the Seedskadee Project to Courts, on the Continuing Legal Edu- open later in this year. Also, Michael enable the use of the active capacity of the cation Committee of the State Bar of helped ensure quality healthcare re- Fontenelle Reservoir. Nevada, and as president of the North- mains available on base with his work H.R. 3079. An act to take certain Federal ern Nevada Women Lawyers Associa- to help save the hospital from being land located in Tuolumne County, Cali- tion. She later served as the chief exec- downgraded to a clinic. fornia, into trust for the benefit of the utive officer of the Texas Center for Michael Reese’s dedication to mili- Tuolumne Band of Me-Wuk Indians, and for other purposes. the Judiciary, which specializes in ju- tary families and his public service are H.R. 3844. An act to establish the Bureau of dicial education and training for trial seen in the day-to-day work he per- Land Management Foundation to encourage, and appellate judges. forms for his community. In addition obtain, and use gifts, devises, and bequests Ms. Bickett joined the NCJFCJ as to serving as the CEO of American for projects for the benefit of, or in connec- chief executive officer in April 2011 to Moving and Storage, Inc., he serves as tion with, activities and services of the Bu- help families throughout Nevada and a member of the Leesville Lions Club, reau of Land Management, and for other pur- across the Nation. The council’s mis- the Association of Defense Commu- poses. sion is to support judges throughout nities, Association of the United States H.R. 4538. An act to provide immunity from suit for certain individuals who disclose po- the United States who are working to Army, Vernon Chamber of Commerce, tential examples of financial exploitation of improve the outcomes for children, Central Louisiana Chamber of Com- senior citizens, and for other purposes. families, and victims of domestic vio- merce, Beauregard Chamber of Com- H.R. 4539. An act to establish the 400 Years lence. The NCJFCJ works to do this by merce, and Southwest Louisiana Eco- of African-American History Commission, providing education, technical assist- nomic Development Alliance. In addi- and for other purposes. ance, and research to courts. Annually, tion, he serves on the board of direc- H.R. 4582. An act to exclude striped bass the council aids nearly 300,000 profes- tors of Merchants and Farmers Bank, from the anadromous fish doubling require- ment in section 3406(b)(1) of the Central Val- sionals in the juvenile and family jus- the board of trustees of the Rapides ley Project Improvement Act, and for other tice system. Under Ms. Bickett’s lead- Foundation, and the board of the Cen- purposes. ership, NCJFCJ secured 23 grant tral Louisiana Economic Development H.R. 4685. An act to take certain Federal awards, a record-setting total for the Alliance, and he is a charter member of lands located in Tulare County, California, council, which provided more than $11.3 the Louisiana Military Affairs Council. into trust for the benefit of the Tule River million in funding and created an eco- With his unique leadership skills, he Indian Tribe, and for other purposes. nomic impact of $16 million in the continues to keep quality of life issues H.R. 4854. An act to amend the Investment great State of Nevada. a top priority on base, including his Company Act of 1940 to expand the investor limitation for qualifying venture capital Ms. Bickett also served as a liaison continued work to ensure that our funds under an exemption from the defini- on the Federal level, working with pol- local military men and women and tion of an investment company. icymakers to help push legislation for their families get the quality health H.R. 4855. An act to amend provisions in survivors of child sex trafficking, do- care they deserve. Michael Reese has the securities laws relating to regulation

VerDate Sep 11 2014 08:04 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G06JY6.075 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4825 crowdfunding to raise the dollar amount The following bill was read the first partment of Health and Human Services, limit and to clarify certain requirements and and second times by unanimous con- transmitting, pursuant to law, the report of exclusions for funding portals established by sent, and placed on the calendar: a rule entitled ‘‘Food Additive Permitted in such Act. Feed and Drinking Water of Animals; Chro- H.R. 4875. An act to establish the United H.R. 2273. An act to authorize the Sec- mium Propionate; Extension of the Com- States Semiquincentennial Commission, and retary of the Interior to amend the Definite ment Period’’ (Docket No. FDA–2014–F–0232) for other purposes. Plan Report for the Seedskadee Project to received during adjournment of the Senate H.R. 5210. An act to improve access to du- enable the use of the active capacity of the in the Office of the President of the Senate rable medical equipment for Medicare bene- Fontenelle Reservoir. on July 5, 2016; to the Committee on Health, ficiaries under the Medicare program, and f Education, Labor, and Pensions. for other purposes. ENROLLED BILL PRESENTED EC–6006. A communication from the Chair- H.R. 5244. An act to provide for the estab- man, Merit Systems Protection Board, lishment of a national memorial and na- The Secretary of the Senate reported transmitting, pursuant to law, a report enti- tional monument to commemorate those that on June 30, 2016, she had presented tled ‘‘Preventing Nepotism in the Federal killed by the collapse of the Saint Francis to the President of the United States Civil Service’’; to the Committee on Home- Dam on March 12, 1928, and for other pur- the following enrolled bill: land Security and Governmental Affairs. poses. S. 2328. An act to reauthorize and amend EC–6007. A communication from the Dep- The message further announced that the National Sea Grant College Program uty Director, National Legislative Division, the House agreed to the amendment of Act, and for other purposes. The American Legion, transmitting, pursu- ant to law, a report relative to the financial the Senate to the text of the bill (H.R. f 3766) to direct the President to estab- condition of The American Legion as of De- cember 31, 2015 and 2014; to the Committee lish guidelines for United States for- EXECUTIVE AND OTHER COMMUNICATIONS on the Judiciary. eign development and economic assist- EC–6008. A communication from the Man- ance and programs, and for other pur- The following communications were agement and Program Analyst, Federal poses, and that the House agreed to the laid before the Senate, together with Aviation Administration, Department of amendment of the Senate to the title accompanying papers, reports, and doc- Transportation, transmitting, pursuant to of the aforementioned bill. uments, and were referred as indicated: law, the report of a rule entitled ‘‘Standard Instrument Approach Procedures, and Take- f EC–6000. A communication from the Ad- ministrator, Rural Housing Service, Depart- off Minimums and Obstacle Departure Proce- MEASURES REFERRED ment of Agriculture, transmitting, pursuant dures; Miscellaneous Amendments (33); The following bills were read the first to law, the report of a rule entitled ‘‘Commu- Amdt. No. 3694’’ (RIN2120–AA65) received dur- and the second times by unanimous nity Facility Loans’’ ((7 CFR Part 1942) ing adjournment of the Senate in the Office of the President of the Senate on June 30, consent, and referred as indicated: (RIN0575–AD05)) received during adjourn- ment of the Senate in the Office of the Presi- 2016; to the Committee on Commerce, H.R. 1838. An act to establish the Clear Science, and Transportation. Creek National Recreation Area in San Be- dent of the Senate on July 5, 2016; to the Committee on Agriculture, Nutrition, and EC–6009. A communication from the Man- nito and Fresno Counties, California, to des- agement and Program Analyst, Federal ignate the Joaquin Rocks Wilderness in such Forestry. EC–6001. A communication from the Assist- Aviation Administration, Department of counties, and for other purposes; to the Com- ant Secretary for Land and Minerals Man- Transportation, transmitting, pursuant to mittee on Energy and Natural Resources. law, the report of a rule entitled ‘‘Standard H.R. 3844. An act to establish the Bureau of agement, Office of Surface Mining Reclama- tion and Enforcement, Department of the In- Instrument Approach Procedures, and Take- Land Management Foundation to encourage, off Minimums and Obstacle Departure Proce- obtain, and use gifts, devises, and bequests terior, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Civil Penalties Infla- dures; Miscellaneous Amendments (127); for projects for the benefit of, or in connec- Amdt. No. 3693’’ (RIN2120–AA65) received dur- tion with, activities and services of the Bu- tion Adjustments’’ ((RIN1029–AC72) (Docket ID OSM–2016–0008)) received during adjourn- ing adjournment of the Senate in the Office reau of Land Management, and for other pur- of the President of the Senate on June 30, poses; to the Committee on Energy and Nat- ment of the Senate in the Office of the Presi- dent of the Senate on July 5, 2016; to the 2016; to the Committee on Commerce, ural Resources. Science, and Transportation. H.R. 4539. An act to establish the 400 Years Committee on Energy and Natural Re- sources. EC–6010. A communication from the Man- of African-American History Commission, agement and Program Analyst, Federal and for other purposes; to the Committee on EC–6002. A communication from the Direc- tor of Congressional Affairs, Nuclear Regu- Aviation Administration, Department of Energy and Natural Resources. Transportation, transmitting, pursuant to H.R. 4582. An act to exclude striped bass latory Research, Nuclear Regulatory Com- mission, transmitting, pursuant to law, the law, the report of a rule entitled ‘‘Amend- from the anadromous fish doubling require- ment of Class D and Class E Airspace for the ment in section 3406(b)(1) of the Central Val- report of a rule entitled ‘‘BWR Vessel and In- ternal Project: Thermal Aging and Neutron following Tennessee Towns; Jackson, TN; ley Project Improvement Act, and for other Tri-Cities, TN’’ ((RIN2120–AA66) (Docket No. purposes; to the Committee on Energy and Embrittlement Evaluation of Cast Aus- tenitic Stainless Steel for BWR Internals’’ FAA–2016–0735)) received during adjournment Natural Resources. of the Senate in the Office of the President H.R. 4685. An act to take certain Federal (BWRVIP–234) received during adjournment of the Senate on June 30, 2016; to the Com- lands located in Tulare County, California, of the Senate in the Office of the President mittee on Commerce, Science, and Transpor- into trust for the benefit of the Tule River of the Senate on July 5, 2016; to the Com- tation. Indian Tribe, and for other purposes; to the mittee on Environment and Public Works. EC–6011. A communication from the Man- Committee on Indian Affairs. EC–6003. A communication from the Direc- H.R. 5210. An act to improve access to du- tor of Congressional Affairs, Nuclear Regu- agement and Program Analyst, Federal rable medical equipment for Medicare bene- latory Research, Nuclear Regulatory Com- Aviation Administration, Department of ficiaries under the Medicare program, and mission, transmitting, pursuant to law, the Transportation, transmitting, pursuant to for other purposes; to the Committee on Fi- report of a rule entitled ‘‘Standard Review law, the report of a rule entitled ‘‘Amend- nance. Plan for Renewal of Specific Licenses and ment of Class D and Class E Airspace; Walla H.R. 5244. An act to provide for the estab- Certificates of Compliance for Dry Storage Walla, WA’’ ((RIN2120–AA66) (Docket No. lishment of a national memorial and na- of Spent Nuclear Fuel’’ (NUREG–1927, Revi- FAA–2015–3675)) received during adjournment tional monument to commemorate those sion 1) received during adjournment of the of the Senate in the Office of the President killed by the collapse of the Saint Francis Senate in the Office of the President of the of the Senate on June 30, 2016; to the Com- Dam on March 12, 1928, and for other pur- Senate on July 5, 2016; to the Committee on mittee on Commerce, Science, and Transpor- poses; to the Committee on Energy and Nat- Environment and Public Works. tation. ural Resources. EC–6004. A communication from the Direc- EC–6012. A communication from the Man- tor of Congressional Affairs, Office of Chief agement and Program Analyst, Federal f Financial Officer, Nuclear Regulatory Com- Aviation Administration, Department of MEASURES PLACED ON THE mission, transmitting, pursuant to law, the Transportation, transmitting, pursuant to CALENDAR report of a rule entitled ‘‘Adjustment of Civil law, the report of a rule entitled ‘‘Amend- Penalties for Inflation’’ ((RIN3150–AJ72) ment of Class D and Class E Airspace for the The following bill was read the sec- (NRC–2016–0057)) received during adjourn- following Oklahoma towns; Antlers, OK; ond time, and placed on the calendar: ment of the Senate in the Office of the Presi- Oklahoma City, OK; Oklahoma City Wiley S. 3110. A bill to provide for reforms of the dent of the Senate on July 5, 2016; to the Post Airport, OK; and Shawnee, OK’’ administration of the outer Continental Committee on Environment and Public ((RIN2120–AA66) (Docket No. FAA–2015–7857)) Shelf of the United States, to provide for the Works. received during adjournment of the Senate development of geothermal, solar, and wind EC–6005. A communication from the Direc- in the Office of the President of the Senate energy on public land, and for other pur- tor of Regulations and Policy Management on June 30, 2016; to the Committee on Com- poses. Staff, Food and Drug Administration, De- merce, Science, and Transportation.

VerDate Sep 11 2014 07:04 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.012 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4826 CONGRESSIONAL RECORD — SENATE July 6, 2016 EC–6013. A communication from the Man- fice of the President of the Senate on June fice of the President of the Senate on June agement and Program Analyst, Federal 30, 2016; to the Committee on Commerce, 30, 2016; to the Committee on Commerce, Aviation Administration, Department of Science, and Transportation. Science, and Transportation. Transportation, transmitting, pursuant to EC–6021. A communication from the Man- EC–6029. A communication from the Man- law, the report of a rule entitled ‘‘Establish- agement and Program Analyst, Federal agement and Program Analyst, Federal ment of Class E Airspace; Lisbon, ND’’ Aviation Administration, Department of Aviation Administration, Department of ((RIN2120–AA66) (Docket No. FAA–2015–5800)) Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to received during adjournment of the Senate law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Airworthi- in the Office of the President of the Senate ness Directives; Airbus Airplanes’’ ((RIN2120– ness Directives; The Boeing Company Air- on June 30, 2016; to the Committee on Com- AA64) (Docket No. FAA–2015–5811)) received planes’’ ((RIN2120–AA64) (Docket No. FAA– merce, Science, and Transportation. during adjournment of the Senate in the Of- 2016–6147)) received during adjournment of EC–6014. A communication from the Man- fice of the President of the Senate on June the Senate in the Office of the President of agement and Program Analyst, Federal 30, 2016; to the Committee on Commerce, the Senate on June 30, 2016; to the Com- Aviation Administration, Department of Science, and Transportation. mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to EC–6022. A communication from the Man- tation. law, the report of a rule entitled ‘‘Establish- agement and Program Analyst, Federal EC–6030. A communication from the Man- ment of Class E Airspace; Harlan, KY’’ Aviation Administration, Department of agement and Program Analyst, Federal ((RIN2120–AA66) (Docket No. FAA–2016–3108)) Transportation, transmitting, pursuant to Aviation Administration, Department of received during adjournment of the Senate law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to in the Office of the President of the Senate ness Directives; Airbus Airplanes’’ ((RIN2120– law, the report of a rule entitled ‘‘Airworthi- on June 30, 2016; to the Committee on Com- AA64) (Docket No. FAA–2015–4808)) received ness Directives; The Boeing Company Air- merce, Science, and Transportation. during adjournment of the Senate in the Of- planes’’ ((RIN2120–AA64) (Docket No. FAA– EC–6015. A communication from the Man- fice of the President of the Senate on June 2015–3982)) received during adjournment of agement and Program Analyst, Federal 30, 2016; to the Committee on Commerce, the Senate in the Office of the President of Aviation Administration, Department of Science, and Transportation. the Senate on June 30, 2016; to the Com- Transportation, transmitting, pursuant to EC–6023. A communication from the Man- mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Amend- agement and Program Analyst, Federal tation. ment of Class E Airspace for the following Aviation Administration, Department of EC–6031. A communication from the Man- South Dakota Towns; Belle Fourche, SD; Transportation, transmitting, pursuant to agement and Program Analyst, Federal Madison, SD; Mobrigde, SD; and Vermillion, law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of SD’’ ((RIN2120–AA66) (Docket No. FAA–2016– ness Directives; Airbus Airplanes’’ ((RIN2120– Transportation, transmitting, pursuant to 0525)) received during adjournment of the AA64) (Docket No. FAA–2015–8427)) received law, the report of a rule entitled ‘‘Airworthi- Senate in the Office of the President of the during adjournment of the Senate in the Of- ness Directives; The Boeing Company Air- Senate on June 30, 2016; to the Committee on fice of the President of the Senate on June planes’’ ((RIN2120–AA64) (Docket No. FAA– Commerce, Science, and Transportation. 30, 2016; to the Committee on Commerce, 2016–6149)) received during adjournment of EC–6016. A communication from the Man- Science, and Transportation. the Senate in the Office of the President of agement and Program Analyst, Federal EC–6024. A communication from the Man- the Senate on June 30, 2016; to the Com- Aviation Administration, Department of agement and Program Analyst, Federal mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to Aviation Administration, Department of tation. EC–6032. A communication from the Man- law, the report of a rule entitled ‘‘Amend- Transportation, transmitting, pursuant to agement and Program Analyst, Federal ment of Class E Airspace; Ash Flat, AR’’ law, the report of a rule entitled ‘‘Airworthi- Aviation Administration, Department of ((RIN2120–AA66) (Docket No. FAA–2016–4235)) ness Directives; Airbus Airplanes’’ ((RIN2120– Transportation, transmitting, pursuant to received during adjournment of the Senate AA64) (Docket No. FAA–2015–0250)) received law, the report of a rule entitled ‘‘Airworthi- in the Office of the President of the Senate during adjournment of the Senate in the Of- ness Directives; The Boeing Company Air- on June 30, 2016; to the Committee on Com- fice of the President of the Senate on June planes’’ ((RIN2120–AA64) (Docket No. FAA– 30, 2016; to the Committee on Commerce, merce, Science, and Transportation. 2015–3141)) received during adjournment of EC–6017. A communication from the Man- Science, and Transportation. the Senate in the Office of the President of agement and Program Analyst, Federal EC–6025. A communication from the Man- the Senate on June 30, 2016; to the Com- Aviation Administration, Department of agement and Program Analyst, Federal mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to Aviation Administration, Department of tation. law, the report of a rule entitled ‘‘Amend- Transportation, transmitting, pursuant to EC–6033. A communication from the Man- ment of Class E Airspace; Taos, NM’’ law, the report of a rule entitled ‘‘Airworthi- agement and Program Analyst, Federal ((RIN2120–AA66) (Docket No. FAA–2016–0526)) ness Directives; Airbus Airplanes’’ ((RIN2120– Aviation Administration, Department of received during adjournment of the Senate AA64) (Docket No. FAA–2015–7528)) received Transportation, transmitting, pursuant to in the Office of the President of the Senate during adjournment of the Senate in the Of- law, the report of a rule entitled ‘‘Airworthi- on June 30, 2016; to the Committee on Com- fice of the President of the Senate on June ness Directives; The Boeing Company Air- merce, Science, and Transportation. 30, 2016; to the Committee on Commerce, planes’’ ((RIN2120–AA64) (Docket No. FAA– EC–6018. A communication from the Man- Science, and Transportation. 2015–2462)) received during adjournment of agement and Program Analyst, Federal EC–6026. A communication from the Man- the Senate in the Office of the President of Aviation Administration, Department of agement and Program Analyst, Federal the Senate on June 30, 2016; to the Com- Transportation, transmitting, pursuant to Aviation Administration, Department of mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Amend- Transportation, transmitting, pursuant to tation. ment of Class E Airspace; Clovis, NM’’ law, the report of a rule entitled ‘‘Airworthi- EC–6034. A communication from the Man- ((RIN2120–AA66) (Docket No. FAA–2016–0449)) ness Directives; Airbus Airplanes’’ ((RIN2120– agement and Program Analyst, Federal received during adjournment of the Senate AA64) (Docket No. FAA–2015–4815)) received Aviation Administration, Department of in the Office of the President of the Senate during adjournment of the Senate in the Of- Transportation, transmitting, pursuant to on June 30, 2016; to the Committee on Com- fice of the President of the Senate on June law, the report of a rule entitled ‘‘Airworthi- merce, Science, and Transportation. 30, 2016; to the Committee on Commerce, ness Directives; The Boeing Company Air- EC–6019. A communication from the Man- Science, and Transportation. planes’’ ((RIN2120–AA64) (Docket No. FAA– agement and Program Analyst, Federal EC–6027. A communication from the Man- 2015–0247)) received during adjournment of Aviation Administration, Department of agement and Program Analyst, Federal the Senate in the Office of the President of Transportation, transmitting, pursuant to Aviation Administration, Department of the Senate on June 30, 2016; to the Com- law, the report of a rule entitled ‘‘Airworthi- Transportation, transmitting, pursuant to mittee on Commerce, Science, and Transpor- ness Directives; Dassault Aviation Air- law, the report of a rule entitled ‘‘Airworthi- tation. planes’’ ((RIN2120–AA64) (Docket No. FAA– ness Directives; Airbus Airplanes’’ ((RIN2120– EC–6035. A communication from the Man- 2015–8426)) received during adjournment of AA64) (Docket No. FAA–2014–0006)) received agement and Program Analyst, Federal the Senate in the Office of the President of during adjournment of the Senate in the Of- Aviation Administration, Department of the Senate on June 30, 2016; to the Com- fice of the President of the Senate on June Transportation, transmitting, pursuant to mittee on Commerce, Science, and Transpor- 30, 2016; to the Committee on Commerce, law, the report of a rule entitled ‘‘Airworthi- tation. Science, and Transportation. ness Directives; The Boeing Company Air- EC–6020. A communication from the Man- EC–6028. A communication from the Man- planes’’ ((RIN2120–AA64) (Docket No. FAA– agement and Program Analyst, Federal agement and Program Analyst, Federal 2015–0246)) received during adjournment of Aviation Administration, Department of Aviation Administration, Department of the Senate in the Office of the President of Transportation, transmitting, pursuant to Transportation, transmitting, pursuant to the Senate on June 30, 2016; to the Com- law, the report of a rule entitled ‘‘Airworthi- law, the report of a rule entitled ‘‘Airworthi- mittee on Commerce, Science, and Transpor- ness Directives; Airbus Airplanes’’ ((RIN2120– ness Directives; Airbus Airplanes’’ ((RIN2120– tation. AA64) (Docket No. FAA–2015–3990)) received AA64) (Docket No. FAA–2015–7528)) received EC–6036. A communication from the Man- during adjournment of the Senate in the Of- during adjournment of the Senate in the Of- agement and Program Analyst, Federal

VerDate Sep 11 2014 06:21 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.017 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4827 Aviation Administration, Department of land GmbH) (Airbus Helicopters)’’ ((RIN2120– mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to AA64) (Docket No. FAA–2014–0903)) received tation. law, the report of a rule entitled ‘‘Airworthi- during adjournment of the Senate in the Of- EC–6051. A communication from the Man- ness Directives; The Boeing Company Air- fice of the President of the Senate on June agement and Program Analyst, Federal planes’’ ((RIN2120–AA64) (Docket No. FAA– 30, 2016; to the Committee on Commerce, Aviation Administration, Department of 2015–6548)) received during adjournment of Science, and Transportation. Transportation, transmitting, pursuant to the Senate in the Office of the President of EC–6044. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- the Senate on June 30, 2016; to the Com- agement and Program Analyst, Federal ness Directives; Turbomeca S.A. Turboshaft mittee on Commerce, Science, and Transpor- Aviation Administration, Department of Engines’’ ((RIN2120–AA64) (Docket No. FAA– tation. Transportation, transmitting, pursuant to 2016–2859)) received during adjournment of EC–6037. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- the Senate in the Office of the President of agement and Program Analyst, Federal ness Directives; Fokker Services B.V. Air- the Senate on June 30, 2016; to the Com- Aviation Administration, Department of planes’’ ((RIN2120–AA64) (Docket No. FAA– mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to 2015–8430)) received during adjournment of tation. law, the report of a rule entitled ‘‘Airworthi- the Senate in the Office of the President of EC–6052. A communication from the Man- ness Directives; The Boeing Company Air- the Senate on June 30, 2016; to the Com- agement and Program Analyst, Federal planes’’ ((RIN2120–AA64) (Docket No. FAA– mittee on Commerce, Science, and Transpor- Aviation Administration, Department of 2015–0496)) received during adjournment of tation. Transportation, transmitting, pursuant to the Senate in the Office of the President of EC–6045. A communication from the Man- law, the report of a rule entitled ‘‘Operation the Senate on June 30, 2016; to the Com- agement and Program Analyst, Federal and Certification of Small Unmanned Air- mittee on Commerce, Science, and Transpor- Aviation Administration, Department of craft Systems’’ ((RIN2120–AJ60) (Docket No. tation. Transportation, transmitting, pursuant to FAA–2015–0150)) received during adjournment EC–6038. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- of the Senate in the Office of the President agement and Program Analyst, Federal ness Directives; BLANIK LIMITED Gliders’’ of the Senate on June 30, 2016; to the Com- Aviation Administration, Department of ((RIN2120–AA64) (Docket No. FAA–2016–4231)) mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to received during adjournment of the Senate tation. law, the report of a rule entitled ‘‘Airworthi- in the Office of the President of the Senate EC–6053. A communication from the Man- ness Directives; The Boeing Company Air- on June 30, 2016; to the Committee on Com- agement and Program Analyst, Federal planes’’ ((RIN2120–AA64) (Docket No. FAA– merce, Science, and Transportation. Aviation Administration, Department of 2015–1273)) received during adjournment of EC–6046. A communication from the Man- Transportation, transmitting, pursuant to the Senate in the Office of the President of agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Flight the Senate on June 30, 2016; to the Com- Aviation Administration, Department of Simulation Training Device Qualification mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to Standards for Extended Envelope and Ad- tation. law, the report of a rule entitled ‘‘Airworthi- verse Weather Event Training Tasks’’ EC–6039. A communication from the Man- ness Directives; Viking Air Limited Air- (RIN2120–AK08) received during adjournment agement and Program Analyst, Federal planes’’ ((RIN2120–AA64) (Docket No. FAA– of the Senate in the Office of the President Aviation Administration, Department of 2016–6628)) received during adjournment of of the Senate on June 30, 2016; to the Com- Transportation, transmitting, pursuant to the Senate in the Office of the President of mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Airworthi- the Senate on June 30, 2016; to the Com- tation. ness Directives; The Boeing Company Air- mittee on Commerce, Science, and Transpor- EC–6054. A communication from the Chief planes’’ ((RIN2120–AA64) (Docket No. FAA– tation. of the Policy and Rules Division, Office of EC–6047. A communication from the Man- 2015–5812)) received during adjournment of Engineering and Technology, Federal Com- agement and Program Analyst, Federal the Senate in the Office of the President of munications Commission, transmitting, pur- Aviation Administration, Department of the Senate on June 30, 2016; to the Com- suant to law, the report of a rule entitled Transportation, transmitting, pursuant to mittee on Commerce, Science, and Transpor- ‘‘Amendment of Parts 0, 1, 2, and 15 of the law, the report of a rule entitled ‘‘Airworthi- tation. Commission’s Rules Regarding Authoriza- EC–6040. A communication from the Man- ness Directives; M7 Aerospace LLC Air- tion of Radiofrequency Equipment and agement and Program Analyst, Federal planes’’ ((RIN2120–AA64) (Docket No. FAA– Amendment of Part 68 Regarding Approval Aviation Administration, Department of 2016–4256)) received during adjournment of of Terminal Equipment by Telecommuni- Transportation, transmitting, pursuant to the Senate in the Office of the President of cations Certification Bodies’’ ((ET Doc. No. law, the report of a rule entitled ‘‘Airworthi- the Senate on June 30, 2016; to the Com- 13–44) (FCC 16–74)) received during adjourn- ness Directives; Bombardier, Inc. Airplanes’’ mittee on Commerce, Science, and Transpor- ment of the Senate in the Office of the Presi- ((RIN2120–AA64) (Docket No. FAA–2015–8431)) tation. dent of the Senate on June 30, 2016; to the received during adjournment of the Senate EC–6048. A communication from the Man- Committee on Commerce, Science, and in the Office of the President of the Senate agement and Program Analyst, Federal Transportation. on June 30, 2016; to the Committee on Com- Aviation Administration, Department of merce, Science, and Transportation. Transportation, transmitting, pursuant to EC–6041. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- f agement and Program Analyst, Federal ness Directives; Airbus Defense and Space Aviation Administration, Department of S.A. (Formerly Known as Construcciones REPORTS OF COMMITTEES Transportation, transmitting, pursuant to Aeronauticas, S.A.) Airplanes’’ ((RIN2120– The following reports of committees law, the report of a rule entitled ‘‘Airworthi- AA64) (Docket No. FAA–2015–8465)) received ness Directives; Bombardier, Inc. Airplanes’’ during adjournment of the Senate in the Of- were submitted: ((RIN2120–AA64) (Docket No. FAA–2015–3634)) fice of the President of the Senate on June By Mr. JOHNSON, from the Committee on received during adjournment of the Senate 30, 2016; to the Committee on Commerce, Homeland Security and Governmental Af- in the Office of the President of the Senate Science, and Transportation. fairs, with an amendment in the nature of a on June 30, 2016; to the Committee on Com- EC–6049. A communication from the Man- substitute: merce, Science, and Transportation. agement and Program Analyst, Federal S. 2375. A bill to decrease the deficit by EC–6042. A communication from the Man- Aviation Administration, Department of consolidating and selling excess Federal tan- agement and Program Analyst, Federal Transportation, transmitting, pursuant to gible property, and for other purposes (Rept. Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- No. 114–291). Transportation, transmitting, pursuant to ness Directives; Piper Aircraft, Inc. Air- S. 2450. A bill to amend title 5, United law, the report of a rule entitled ‘‘Airworthi- planes’’ ((RIN2120–AA64) (Docket No. FAA– States Code, to address administrative leave ness Directives; Airbus Helicopters (Type 2014–0338)) received during adjournment of for Federal employees, and for other pur- Certificate Previously Held by Eurocopter the Senate in the Office of the President of poses (Rept. No. 114–292). France)’’ ((RIN2120–AA64) (Docket No. FAA– the Senate on June 30, 2016; to the Com- By Mr. VITTER, from the Committee on 2015–3741)) received during adjournment of mittee on Commerce, Science, and Transpor- Small Business and Entrepreneurship: the Senate in the Office of the President of tation. Report to accompany S. 1470, A bill to the Senate on June 30, 2016; to the Com- EC–6050. A communication from the Man- amend the Small Business Act to provide ad- mittee on Commerce, Science, and Transpor- agement and Program Analyst, Federal ditional assistance to small business con- tation. Aviation Administration, Department of cerns for disaster recovery, and for other EC–6043. A communication from the Man- Transportation, transmitting, pursuant to purposes (Rept. No. 114–293). agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- By Mr. ROBERTS, from the Committee on Aviation Administration, Department of ness Directives; Turbomeca S.A. Turboshaft Agriculture, Nutrition, and Forestry, with- Transportation, transmitting, pursuant to Engines’’ ((RIN2120–AA64) (Docket No. FAA– out amendment: law, the report of a rule entitled ‘‘Airworthi- 2015–7490)) received during adjournment of S. 3136. An original bill to reauthorize ness Directives; Airbus Helicopters Deutsch- the Senate in the Office of the President of child nutrition programs, and for other land GmbH (Previously Eurocopter Deutsch- the Senate on June 30, 2016; to the Com- purposes.

VerDate Sep 11 2014 06:21 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.019 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4828 CONGRESSIONAL RECORD — SENATE July 6, 2016 EXECUTIVE REPORTS OF By Ms. BALDWIN (for herself and Mrs. S. 1200 COMMITTEES MURRAY): At the request of Mr. BLUMENTHAL, S. 3134. A bill to improve Federal popu- the name of the Senator from Arizona The following executive reports of lation surveys by requiring the collection of (Mr. MCCAIN) was added as a cosponsor nominations were submitted: voluntary, self-disclosed information on sex- By Mr. JOHNSON for the Committee on ual orientation and gender identity in cer- of S. 1200, a bill to promote competi- Homeland Security and Governmental Af- tain surveys, and for other purposes; to the tion and help consumers save money by fairs. Committee on Homeland Security and Gov- giving them the freedom to choose * Andrew Mayock, of Illinois, to be Deputy ernmental Affairs. where they buy prescription pet medi- Director for Management, Office of Manage- By Mr. GARDNER (for himself, Mr. cations, and for other purposes. ment and Budget. CORNYN, Mrs. CAPITO, Mr. SCOTT, Mr. S. 1562 By Mr. GRASSLEY for the Committee on RISCH, Mr. ROBERTS, Mr. HELLER, Ms. YDEN the Judiciary. AYOTTE, Mr. BARRASSO, Mr. PERDUE, At the request of Mr. W , the Carole Schwartz Rendon, of Ohio, to be and Mr. ISAKSON): name of the Senator from South Caro- United States Attorney for the Northern Dis- S. 3135. A bill to prohibit any officer or em- lina (Mr. GRAHAM) was added as a co- trict of Ohio for the term of four years. ployee of the Federal Government who has sponsor of S. 1562, a bill to amend the * Nomination was reported with rec- exercised extreme carelessness in the han- Internal Revenue Code of 1986 to re- ommendation that it be confirmed sub- dling of classified information from being form taxation of alcoholic beverages. granted or retaining a security clearance; to ject to the nominee’s commitment to S. 1566 the Committee on Homeland Security and respond to requests to appear and tes- At the request of Mr. FRANKEN, the tify before any duly constituted com- Governmental Affairs. By Mr. ROBERTS: name of the Senator from Connecticut mittee of the Senate. S. 3136. An original bill to reauthorize (Mr. BLUMENTHAL) was added as a co- (Nominations without an asterisk child nutrition programs, and for other pur- sponsor of S. 1566, a bill to amend the were reported with the recommenda- poses; from the Committee on Agriculture, Public Health Service Act to require tion that they be confirmed.) Nutrition, and Forestry; placed on the cal- group and individual health insurance f endar. coverage and group health plans to pro- INTRODUCTION OF BILLS AND f vide for coverage of oral anticancer JOINT RESOLUTIONS SUBMISSION OF CONCURRENT AND drugs on terms no less favorable than The following bills and joint resolu- SENATE RESOLUTIONS the coverage provided for anticancer tions were introduced, read the first medications administered by a health The following concurrent resolutions care provider. and second times by unanimous con- and Senate resolutions were read, and S. 1609 sent, and referred as indicated: referred (or acted upon), as indicated: By Mr. KING (for himself, Mr. UDALL, At the request of Mr. KAINE, the By Mr. MCCAIN: name of the Senator from Oregon (Mr. Mr. CARDIN, Mrs. SHAHEEN, and Mr. S. Con. Res. 42. A concurrent resolution to CRAPO): express the sense of Congress regarding the WYDEN) was added as a cosponsor of S. S. 3126. A bill to amend the Congressional safe and expeditious resettlement to Albania 1609, a bill to provide support for the Budget Act of 1974 respecting the scoring of of all residents of Camp Liberty; to the Com- development of middle school career preventive health savings; to the Committee mittee on Foreign Relations. exploration programs linked to career on the Budget. By Mr. HEINRICH (for himself, Mr. f and technical education programs of UDALL, and Mr. FLAKE): study. S. 3127. A bill to amend title 18, United ADDITIONAL COSPONSORS S. 1970 States Code, to enhance protections of Na- S. 6 At the request of Mr. SANDERS, the tive American cultural objects, and for other At the request of Mr. UDALL, the name of the Senator from Oregon (Mr. purposes; to the Committee on Indian Af- name of the Senator from Virginia (Mr. MERKLEY) was added as a cosponsor of fairs. By Mr. GRASSLEY: KAINE) was added as a cosponsor of S. 6, S. 1970, a bill to establish national pro- S. 3128. A bill to improve transparency re- a bill to reform our government, reduce cedures for automatic voter registra- garding the activities of the American Red the grip of special interest, and return tion for elections for Federal Office. Cross; to the Committee on the Judiciary. our democracy to the American people S. 2031 By Mr. THUNE (for himself, Ms. CANT- through increased transparency and At the request of Mr. BARRASSO, the WELL, Mr. MORAN, and Mr. TESTER): oversight of our elections and govern- S. 3129. A bill to provide for the extension names of the Senator from Kansas (Mr. of the enforcement instruction on super- ment. MORAN) and the Senator from Pennsyl- vision requirements for outpatient thera- S. 314 vania (Mr. CASEY) were added as co- peutic services in critical access and small At the request of Mr. CASEY, the sponsors of S. 2031, a bill to reduce rural hospitals through 2016; to the Com- name of the Senator from Connecticut temporarily the royalty required to be mittee on Finance. (Mr. MURPHY) was added as a cosponsor paid for sodium produced on Federal By Mr. MARKEY (for himself, Mr. COR- of S. 314, a bill to amend title XVIII of lands, and for other purposes. NYN, Mr. BENNET, and Mr. PORTMAN): S. 3130. A bill to amend title XVIII of the the Social Security Act to provide for S. 2042 Social Security Act to provide for a perma- coverage under the Medicare program At the request of Mrs. MURRAY, the nent Independence at Home medical practice of pharmacist services. name of the Senator from Delaware program under the Medicare program; to the S. 469 (Mr. CARPER) was added as a cosponsor Committee on Finance. At the request of Mrs. MURRAY, the of S. 2042, a bill to amend the National By Ms. BALDWIN: S. 3131. A bill to ensure the use of Amer- name of the Senator from Oregon (Mr. Labor Relations Act to strengthen pro- ican iron and steel in public water systems, MERKLEY) was added as a cosponsor of tections for employees wishing to advo- and for other purposes; to the Committee on S. 469, a bill to improve the reproduc- cate for improved wages, hours, or Environment and Public Works. tive assistance provided by the Depart- other terms or conditions of employ- By Mrs. FISCHER (for herself and Mr. ment of Defense and the Department of ment and to provide for stronger rem- BOOKER): Veterans Affairs to severely wounded, edies for interference with these rights, S. 3132. A bill to direct the Secretary of ill, or injured members of the Armed and for other purposes. Veterans Affairs to carry out a pilot pro- gram to provide service dogs to certain vet- Forces, veterans, and their spouses or S. 2067 erans with severe post-traumatic stress dis- partners, and for other purposes. At the request of Mr. WICKER, the order; to the Committee on Veterans’ Af- S. 689 names of the Senator from Oklahoma fairs. At the request of Mr. THUNE, the (Mr. INHOFE), the Senator from Con- By Mr. CASEY (for himself and Mr. name of the Senator from Louisiana necticut (Mr. MURPHY), the Senator WHITEHOUSE): (Mr. VITTER) was added as a cosponsor from North Dakota (Ms. HEITKAMP) and S. 3133. A bill to amend the Juvenile Jus- tice and Delinquency Prevention Act of 1974 of S. 689, a bill to provide protections the Senator from Wisconsin (Mr. JOHN- to require States to report on the adminis- for certain sports medicine profes- SON) were added as cosponsors of S. tration of certain fees; to the Committee on sionals who provide certain medical 2067, a bill to establish EUREKA Prize the Judiciary. services in a secondary State. Competitions to accelerate discovery

VerDate Sep 11 2014 06:21 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.022 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4829 and development of disease-modifying, tivities targeting Israel, and for other S. 2927 preventive, or curative treatments for purposes. At the request of Mr. LANKFORD, the Alzheimer’s disease and related demen- S. 2595 name of the Senator from Texas (Mr. tia, to encourage efforts to enhance de- At the request of Mr. CRAPO, the CRUZ) was added as a cosponsor of S. tection and diagnosis of such diseases, names of the Senator from Maryland 2927, a bill to prevent governmental or to enhance the quality and effi- (Mr. CARDIN), the Senator from Ken- discrimination against providers of ciency of care of individuals with such tucky (Mr. PAUL), the Senator from health services who decline involve- diseases. Minnesota (Ms. KLOBUCHAR) and the ment in abortion, and for other pur- S. 2178 Senator from Maine (Ms. COLLINS) were poses. At the request of Mr. BOOZMAN, the added as cosponsors of S. 2595, a bill to S. 2997 name of the Senator from Ohio (Mr. amend the Internal Revenue Code of At the request of Ms. CANTWELL, the BROWN) was added as a cosponsor of S. 1986 to permanently extend the rail- name of the Senator from Florida (Mr. 2178, a bill to amend the Internal Rev- road track maintenance credit. RUBIO) was added as a cosponsor of S. enue Code of 1986 to make permanent S. 2631 2997, a bill to direct the Federal Com- certain provisions of the Heartland, At the request of Mr. DURBIN, the munications Commission to commence Habitat, Harvest, and Horticulture Act name of the Senator from Connecticut proceedings related to the resiliency of of 2008 relating to timber, and for other (Mr. BLUMENTHAL) was added as a co- critical telecommunications networks purposes. sponsor of S. 2631, a bill to amend the during times of emergency, and for S. 2193 Residential Lead-Based Paint Hazard other purposes. At the request of Mr. CRUZ, the Reduction Act of 1992 to define envi- S. 3032 names of the Senator from Wisconsin ronmental intervention blood lead At the request of Mr. ISAKSON, the (Mr. JOHNSON) and the Senator from level, and for other purposes. name of the Senator from Wisconsin Mississippi (Mr. WICKER) were added as S. 2659 (Ms. BALDWIN) was added as a cospon- cosponsors of S. 2193, a bill to amend At the request of Mr. BURR, the name sor of S. 3032, a bill to provide for an the Immigration and Nationality Act of the Senator from Arkansas (Mr. COT- increase, effective December 1, 2016, in to increase penalties for individuals TON) was added as a cosponsor of S. the rates of compensation for veterans who illegally reenter the United States 2659, a bill to reaffirm that the Envi- with service-connected disabilities and after being removed and for other pur- ronmental Protection Agency cannot the rates of dependency and indemnity poses. regulate vehicles used solely for com- compensation for the survivors of cer- petition, and for other purposes. S. 2196 tain disabled veterans, and for other S. 2795 At the request of Mr. CASEY, the purposes. At the request of Mr. INHOFE, the name of the Senator from South Caro- S. 3039 name of the Senator from Pennsyl- lina (Mr. GRAHAM) was added as a co- At the request of Mr. KING, the name sponsor of S. 2196, a bill to amend title vania (Mr. CASEY) was added as a co- of the Senator from Hawaii (Ms. sponsor of S. 2795, a bill to modernize XVIII of the Social Security Act to HIRONO) was added as a cosponsor of S. provide for the non-application of the regulation of nuclear energy. 3039, a bill to support programs for Medicare competitive acquisition rates S. 2800 mosquito-borne and other vector-borne to complex rehabilitative wheelchairs At the request of Mr. COONS, the disease surveillance and control. names of the Senator from Virginia and accessories. S. 3057 (Mr. KAINE) and the Senator from Or- S. 2216 At the request of Mr. SCOTT, the egon (Mr. MERKLEY) were added as co- At the request of Mrs. MCCASKILL, names of the Senator from Oklahoma sponsors of S. 2800, a bill to amend the the name of the Senator from Pennsyl- (Mr. INHOFE) and the Senator from Internal Revenue Code of 1986 and the vania (Mr. CASEY) was added as a co- Texas (Mr. CRUZ) were added as cospon- Higher Education Act of 1965 to provide sponsor of S. 2216, a bill to provide im- sors of S. 3057, a bill to amend the In- an exclusion from income for student munity from suit for certain individ- ternal Revenue Code of 1986 to prohibit loan forgiveness for students who have uals who disclose potential examples of the Secretary of the Treasury from re- died or become disabled. financial exploitation of senior citi- quiring that the identity of contribu- S. 2868 zens, and for other purposes. tors to 501(c) organizations be included At the request of Mr. SCOTT, the in annual returns. S. 2230 name of the Senator from South Caro- S. 3060 At the request of Mr. CRUZ, the name lina (Mr. GRAHAM) was added as a co- of the Senator from Alabama (Mr. SES- sponsor of S. 2868, a bill to amend the At the request of Mr. GRASSLEY, the SIONS) was added as a cosponsor of S. Internal Revenue Code of 1986 to pro- name of the Senator from North Da- 2230, a bill to require the Secretary of vide for the deferral of inclusion in kota (Mr. HOEVEN) was added as a co- State to submit a report to Congress gross income for capital gains rein- sponsor of S. 3060, a bill to provide an on the designation of the Muslim vested in economically distressed exception from certain group health Brotherhood as a foreign terrorist or- zones. plan requirements for qualified small ganization, and for other purposes. S. 2904 employer health reimbursement ar- S. 2526 At the request of Mr. WHITEHOUSE, rangements. At the request of Mrs. GILLIBRAND, the names of the Senator from Cali- S. 3083 the name of the Senator from Min- fornia (Mrs. FEINSTEIN) and the Sen- At the request of Mr. MENENDEZ, the nesota (Ms. KLOBUCHAR) was added as a ator from Alaska (Ms. MURKOWSKI) name of the Senator from Minnesota cosponsor of S. 2526, a bill to improve were added as cosponsors of S. 2904, a (Ms. KLOBUCHAR) was added as a co- the competitiveness of United States bill to amend title II of the Social Se- sponsor of S. 3083, a bill to provide manufacturing by designating and sup- curity Act to eliminate the five month housing opportunities in the United porting manufacturing communities, waiting period for disability insurance States through modernization of var- and for other purposes. benefits under such title for individuals ious housing programs, and for other S. 2531 with amyotrophic lateral sclerosis. purposes. At the request of Mr. KIRK, the S. 2912 S. 3092 names of the Senator from Missouri At the request of Mr. JOHNSON, the At the request of Mr. HELLER, the (Mr. BLUNT) and the Senator from Ne- name of the Senator from Wyoming name of the Senator from Idaho (Mr. braska (Mr. SASSE) were added as co- (Mr. ENZI) was added as a cosponsor of CRAPO) was added as a cosponsor of S. sponsors of S. 2531, a bill to authorize S. 2912, a bill to authorize the use of 3092, a bill to direct the Securities and State and local governments to divest unapproved medical products by pa- Exchange Commission to provide a safe from entities that engage in com- tients diagnosed with a terminal ill- harbor related to certain investment merce-related or investment-related ness in accordance with State law, and fund research reports, and for other boycott, divestment, or sanctions ac- for other purposes. purposes.

VerDate Sep 11 2014 06:21 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.025 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4830 CONGRESSIONAL RECORD — SENATE July 6, 2016 S. 3100 SUBMITTED RESOLUTIONS AMENDMENTS SUBMITTED AND At the request of Mr. TOOMEY, the PROPOSED names of the Senator from Louisiana SA 4947. Mr. PAUL submitted an amend- (Mr. VITTER), the Senator from Wis- SENATE CONCURRENT RESOLU- ment intended to be proposed to amendment SA 4935 proposed by Mr. MCCONNELL (for Mr. consin (Mr. JOHNSON), the Senator from TION 42—TO EXPRESS THE ROBERTS) to the bill S. 764, to reauthorize Arkansas (Mr. COTTON), the Senator SENSE OF CONGRESS REGARD- and amend the National Sea Grant College from Texas (Mr. CRUZ), the Senator ING THE SAFE AND EXPEDI- Program Act, and for other purposes; which from Mississippi (Mr. WICKER) and the TIOUS RESETTLEMENT TO ALBA- was ordered to lie on the table. Senator from Iowa (Mr. GRASSLEY) NIA OF ALL RESIDENTS OF SA 4948. Mr. SANDERS submitted an amendment intended to be proposed to were added as cosponsors of S. 3100, a CAMP LIBERTY amendment SA 4935 proposed by Mr. MCCON- bill to ensure that State and local law Mr. MCCAIN submitted the following NELL (for Mr. ROBERTS) to the bill S. 764, enforcement may cooperate with Fed- concurrent resolution; which was re- supra; which was ordered to lie on the table. eral officials to protect our commu- ferred to the Committee on Foreign SA 4949. Mr. SANDERS submitted an nities from violent criminals and sus- Relations: amendment intended to be proposed to amendment SA 4935 proposed by Mr. MCCON- pected terrorists who are illegally S. CON. RES. 42 NELL (for Mr. ROBERTS) to the bill S. 764, present in the United States. Resolved by the Senate (the House of Rep- supra; which was ordered to lie on the table. resentatives concurring), SA 4950. Mr. SANDERS submitted an S. 3106 SECTION 1. SENSE OF CONGRESS ON THE SAFE amendment intended to be proposed to At the request of Mr. REID, the RESETTLEMENT OF CAMP LIBERTY amendment SA 4935 proposed by Mr. MCCON- RESIDENTS. names of the Senator from Virginia NELL (for Mr. ROBERTS) to the bill S. 764, It is the sense of Congress that the United supra; which was ordered to lie on the table. (Mr. KAINE) and the Senator from Vir- States should— SA 4951. Mr. SANDERS submitted an ginia (Mr. WARNER) were added as co- (1) work with the Government of Iraq and amendment intended to be proposed to sponsors of S. 3106, a bill to provide a the United Nations High Commissioner for amendment SA 4935 proposed by Mr. MCCON- coordinated regional response to effec- Refugees (UNHCR) to ensure that all resi- NELL (for Mr. ROBERTS) to the bill S. 764, tively manage the endemic violence dents of Camp Liberty are safely and expedi- supra; which was ordered to lie on the table. tiously resettled in Albania; and humanitarian crisis in El Salvador, SA 4952. Mr. SANDERS submitted an (2) work with the Government of Iraq, the amendment intended to be proposed to Guatemala, and Honduras. Government of Albania, and the UNHCR to amendment SA 4935 proposed by Mr. MCCON- prevent the Government of Iran from inter- S.J. RES. 35 NELL (for Mr. ROBERTS) to the bill S. 764, vening in the resettlement process by abus- supra; which was ordered to lie on the table. At the request of Mr. FLAKE, the ing international organizations, including SA 4953. Mr. SANDERS submitted an names of the Senator from Louisiana Interpol and other organizations of which amendment intended to be proposed to the United States is a member; (Mr. VITTER) and the Senator from amendment SA 4935 proposed by Mr. MCCON- (3) urge the Government of Iraq to take NELL (for Mr. ROBERTS) to the bill S. 764, Oklahoma (Mr. LANKFORD) were added prompt and appropriate steps in accordance supra; which was ordered to lie on the table. as cosponsors of S.J. Res. 35, a joint with international agreements to promote SA 4954. Ms. MURKOWSKI (for herself, Ms. resolution providing for congressional the physical security and protection of resi- CANTWELL, Mrs. MURRAY, Mr. SULLIVAN, and disapproval under chapter 8 of title 5, dents of Camp Liberty during the resettle- Mr. MERKLEY) submitted an amendment in- United States Code, of the final rule of ment process, including steps to ensure that tended to be proposed to amendment SA 4935 the personnel responsible for providing secu- the Department of Labor relating to proposed by Mr. MCCONNELL (for Mr. ROB- rity at Camp Liberty are adequately vetted ERTS) to the bill S. 764, supra; which was or- ‘‘Interpretation of the ‘Advice’ Exemp- to determine that they are not affiliated dered to lie on the table. tion in Section 203(c) of the Labor- with the Islamic Revolutionary Guard Corps’ SA 4955. Mr. SANDERS submitted an Management Reporting and Disclosure Qods Force; amendment intended to be proposed to Act’’. (4) urge the Government of Iraq to ensure amendment SA 4935 proposed by Mr. MCCON- continued and reliable access to food, clean NELL (for Mr. ROBERTS) to the bill S. 764, S. RES. 349 water, medical assistance, electricity and supra; which was ordered to lie on the table. other energy needs, and any other equipment SA 4956. Mrs. ERNST (for herself, Mr. OBERTS At the request of Mr. R , the and supplies necessary to sustain the resi- GRASSLEY, Mr. SASSE, and Mrs. FISCHER) sub- name of the Senator from Idaho (Mr. dents during the resettlement process; mitted an amendment intended to be pro- CRAPO) was added as a cosponsor of S. (5) work with the Government of Iraq to posed by her to the bill S. 2193, to amend the Res. 349, a resolution congratulating make all reasonable efforts to facilitate the Immigration and Nationality Act to increase the Farm Credit System on the cele- sale of residents’ property and assets remain- penalties for individuals who illegally reen- ing at Camp Ashraf and Camp Liberty for ter the United States after being removed bration of its 100th anniversary. the purpose of funding their cost of living and for other purposes; which was ordered to S. RES. 482 and resettlement out of Iraq; lie on the table. (6) work with the Government of Iraq and SA 4957. Mrs. ERNST (for herself, Mr. At the request of Mrs. SHAHEEN, the the United Nations High Commissioner for GRASSLEY, Mr. SASSE, and Mrs. FISCHER) sub- name of the Senator from New York Refugees (UNHCR) to ensure that Camp Lib- mitted an amendment intended to be pro- (Mrs. GILLIBRAND) was added as a co- erty residents may exercise full control of posed by her to the bill S. 3100, to ensure all personal assets in Camp Liberty and the sponsor of S. Res. 482, a resolution urg- that State and local law enforcement may former Camp Ashraf as the residents deem cooperate with Federal officials to protect ing the European Union to designate necessary; our communities from violent criminals and Hizballah in its entirety as a terrorist (7) assist, and maintain close and regular suspected terrorists who are illegally present organization and to increase pressure communication with the UNHCR for the pur- in the United States; which was ordered to on the organization and its members to pose of expediting the ongoing resettlement lie on the table. the fullest extent possible. of all residents of Camp Liberty, without ex- SA 4958. Mr. FRANKEN submitted an ception, to Albania; amendment intended to be proposed to At the request of Mr. NELSON, his (8) urge the Government of Albania, and amendment SA 4935 proposed by Mr. MCCON- name was added as a cosponsor of S. the UNHCR to ensure the continued recogni- NELL (for Mr. ROBERTS) to the bill S. 764, to Res. 482, supra. tion of the resettled residents as ‘‘persons of reauthorize and amend the National Sea concern’’ entitled to international protec- Grant College Program Act, and for other S. RES. 517 tions according to principles and standards purposes; which was ordered to lie on the in the Convention Relating to the Status of table. At the request of Mr. SESSIONS, the Refugees, done at Geneva July 28, 1951, and SA 4959. Mr. BLUMENTHAL (for himself names of the Senator from Massachu- the International Bill of Human Rights; and and Mr. MURPHY) submitted an amendment setts (Mr. MARKEY) and the Senator (9) work with the Government of Albania intended to be proposed to amendment SA from California (Mrs. FEINSTEIN) were and the UNHCR to facilitate and provide 4935 proposed by Mr. MCCONNELL (for Mr. added as cosponsors of S. Res. 517, a suitable locations for housing of the remain- ROBERTS) to the bill S. 764, supra; which was ing Camp Liberty residents in Albania until ordered to lie on the table. resolution designating September 2016 such time when the residents become self- SA 4960. Mr. LEAHY submitted an amend- as ‘‘National Prostate Cancer Aware- sufficient in meeting their residential needs ment intended to be proposed to amendment ness Month’’. in Albania. SA 4935 proposed by Mr. MCCONNELL (for Mr.

VerDate Sep 11 2014 06:21 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.027 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4831 ROBERTS) to the bill S. 764, supra; which was MCCONNELL (for Mr. ROBERTS) to the ‘‘(1) Food consisting entirely of, or derived ordered to lie on the table. bill S. 764, to reauthorize and amend entirely from, an animal that has not itself SA 4961. Mr. LEAHY submitted an amend- the National Sea Grant College Pro- been produced with genetic engineering, re- ment intended to be proposed to amendment gram Act, and for other purposes; gardless of whether the animal has been fed or injected with any food, drug, or other sub- SA 4935 proposed by Mr. MCCONNELL (for Mr. which was ordered to lie on the table; ROBERTS) to the bill S. 764, supra; which was stance produced with genetic engineering. ordered to lie on the table. as follows: ‘‘(2) A raw agricultural commodity or proc- SA 4962. Mr. LEAHY submitted an amend- In lieu of the matter proposed to be in- essed food derived from a raw agricultural ment intended to be proposed to amendment serted, insert the following: commodity that has been grown, raised, or SA 4935 proposed by Mr. MCCONNELL (for Mr. SECTION 1. SHORT TITLE. produced without the knowing or intentional ROBERTS) to the bill S. 764, supra; which was This Act may be cited as the ‘‘GMO Label- use of food or seed produced with genetic en- ordered to lie on the table. ing Act of 2016’’. gineering, except that the exception de- SA 4963. Mr. LEAHY submitted an amend- SEC. 2. PURPOSES. scribed in this paragraph shall apply only if ment intended to be proposed to amendment The purposes of this Act are to— the person otherwise responsible for com- SA 4935 proposed by Mr. MCCONNELL (for Mr. (1) establish a system by which people may plying with the requirements of subsection ROBERTS) to the bill S. 764, supra; which was make informed decisions about the food they (b) with respect to a raw agricultural com- ordered to lie on the table. purchase and consume and by which, if they modity or processed food obtains, from SA 4964. Mr. LEAHY submitted an amend- choose, people may avoid food produced from whomever sold the raw agricultural com- ment intended to be proposed to amendment genetic engineering; modity or processed food to that person, a SA 4935 proposed by Mr. MCCONNELL (for Mr. (2) inform the purchasing decisions of con- sworn statement that the raw agricultural ROBERTS) to the bill S. 764, supra; which was sumers who are concerned about the poten- commodity or processed food has not been ordered to lie on the table. tial environmental effects of the production knowingly or intentionally produced with SA 4965. Mr. LEAHY submitted an amend- of food from genetic engineering; genetic engineering and has been segregated ment intended to be proposed to amendment (3) reduce and prevent consumer confusion from and has not been knowingly or inten- SA 4935 proposed by Mr. MCCONNELL (for Mr. and deception by prohibiting the labeling of tionally commingled with food that may ROBERTS) to the bill S. 764, supra; which was products produced from genetic engineering have been produced with genetic engineering ordered to lie on the table. as ‘‘natural’’ and by promoting the disclo- at any time. In providing such a sworn state- SA 4966. Mr. LEAHY submitted an amend- sure of factual information on food labels to ment, any person may rely on a sworn state- ment intended to be proposed to amendment allow consumers to make informed deci- ment from a direct supplier that contains SA 4935 proposed by Mr. MCCONNELL (for Mr. sions; and such an affirmation. ‘‘(3) Animal feed. ROBERTS) to the bill S. 764, supra; which was (4) provide consumers with data from ordered to lie on the table. which they may make informed decisions for ‘‘(4) A processed food that would be subject SA 4967. Mr. LEAHY submitted an amend- religious reasons. to such requirements solely because such ment intended to be proposed to amendment SEC. 3. LABELING REQUIREMENTS. food includes one or more processing aids or enzymes produced with genetic engineering. SA 4935 proposed by Mr. MCCONNELL (for Mr. (a) IN GENERAL.—Chapter IV of the Federal ‘‘(5) Alcoholic beverages. ROBERTS) to the bill S. 764, supra; which was Food, Drug, and Cosmetic Act (21 U.S.C. 341 ordered to lie on the table. et seq.) is amended by adding at the end the ‘‘(6) A processed food that would be subject SA 4968. Mr. LEAHY submitted an amend- following: to such requirements solely because such ment intended to be proposed to amendment ‘‘SEC. 424. LABELING OF FOOD PRODUCED WITH food includes one or more materials that have been produced with genetic engineer- SA 4935 proposed by Mr. MCCONNELL (for Mr. GENETIC ENGINEERING. ing, provided that the genetically engineered ROBERTS) to the bill S. 764, supra; which was ‘‘(a) IN GENERAL.—Except as provided in ordered to lie on the table. subsection (d), any food that is entirely or materials in the aggregate do not account SA 4969. Mr. MERKLEY submitted an partially produced with genetic engineering for more than 0.9 percent of the total weight amendment intended to be proposed to and offered for retail sale after January 1, of the processed food. ‘‘(7) Food that an independent organization amendment SA 4935 proposed by Mr. MCCON- 2017, shall be labeled or shall be displayed, as has verified has not been knowingly or inten- NELL (for Mr. ROBERTS) to the bill S. 764, applicable, in accordance with subsection supra; which was ordered to lie on the table. (b). tionally produced from or commingled with SA 4970. Mr. MERKLEY submitted an ‘‘(b) LABELING REQUIREMENTS.—In the case food or seed produced with genetic engineer- amendment intended to be proposed to of a food described in subsection (a), the ing. The Secretary, shall approve, by regula- manufacturer or retailer shall ensure that tion, any independent organizations from amendment SA 4935 proposed by Mr. MCCON- such food is labeled or displayed in accord- which verification shall be acceptable under NELL (for Mr. ROBERTS) to the bill S. 764, supra; which was ordered to lie on the table. ance with the following: this paragraph. SA 4971. Mr. TESTER (for himself and Mr. ‘‘(1) MANUFACTURERS.— ‘‘(8) Food that is not packaged for retail ‘‘(A) RAW AGRICULTURAL COMMODITIES.—In sale and that is— MERKLEY) submitted an amendment in- tended to be proposed to amendment SA 4935 the case of a packaged raw agricultural com- ‘‘(A) a processed food prepared and in- modity, the manufacturer shall label the tended for immediate human consumption; proposed by Mr. MCCONNELL (for Mr. ROB- package offered for retail sale, in a clear and or ERTS) to the bill S. 764, supra; which was or- dered to lie on the table. conspicuous manner, with the words ‘pro- ‘‘(B) served, sold, or otherwise provided in SA 4972. Mr. SASSE submitted an amend- duced with genetic engineering’. a restaurant or other establishment in which ment intended to be proposed to amendment ‘‘(B) PROCESSED FOOD.—In the case of any food is served for immediate human con- processed food that contains a product or sumption. SA 4935 proposed by Mr. MCCONNELL (for Mr. products of genetic engineering, the manu- ‘‘(9) Medical food, as that term is defined ROBERTS) to the bill S. 764, supra; which was ordered to lie on the table. facturer shall label the package in which the in section 5(b) of the Orphan Drug Act. processed food is offered for sale, in a clear ‘‘(e) DISCLAIMER.—The Secretary may, f and conspicuous manner, with the words: through regulation, require that labeling re- ‘Partially produced with genetic engineer- quired under this section include a dis- TEXT OF AMENDMENTS ing’, ‘May be produced with genetic engi- claimer that the Food and Drug Administra- SA 4947. Mr. PAUL submitted an neering’, or ‘Produced with genetic engineer- tion does not consider foods produced from amendment intended to be proposed to ing’, as applicable. genetic engineering to be materially dif- ferent from other foods. amendment SA 4935 proposed by Mr. ‘‘(2) RETAILERS.—In the case of any raw ag- ricultural commodity that is not separately ‘‘(f) DEFINITIONS.—In this section— MCCONNELL (for Mr. ROBERTS) to the packaged, the retailer shall post a label ap- ‘‘(1) the term ‘enzyme’ means a protein bill S. 764, to reauthorize and amend pearing on the retail store shelf or bin in that catalyzes chemical reactions of other the National Sea Grant College Pro- which the commodity is displayed for sale, in substances without itself being destroyed or gram Act, and for other purposes; a clear and conspicuous manner, with the altered upon completion of the reactions; which was ordered to lie on the table; words ‘produced with genetic engineering’. ‘‘(2) the term ‘genetic engineering’ is a as follows: ‘‘(c) PROHIBITED LABELING.—Except as pro- process by which a food is produced from an vided in subsection (d), a manufacturer or re- organism or organisms in which the genetic On page 12, between lines 2 and 3, insert tailer of a food produced entirely or in part material has been changed through the ap- the following: from genetic engineering shall not label the plication of— ‘‘(5) CRIMINAL PENALTIES PROHIBITED.— product on the package, in signage, or in ad- ‘‘(A) in vitro nucleic acid techniques, in- There shall be no Federal or State criminal vertising as ‘natural’, ‘naturally made’, ‘nat- cluding recombinant deoxyribonucleic acid penalty imposed against any person who vio- urally grown’, ‘all natural’, or using any (DNA) techniques and the direct injection of lates this subtitle.’’. words of similar import that would have a nucleic acid into cells or organelles; or tendency to mislead a consumer. ‘‘(B) fusion of cells (including protoplast SA 4948. Mr. SANDERS submitted an ‘‘(d) EXEMPTIONS.—The labeling require- fusion) or hybridization techniques that amendment intended to be proposed to ments of subsection (b) shall not apply with overcome natural physiological, reproduc- amendment SA 4935 proposed by Mr. respect to the following: tive, or recombination barriers, where the

VerDate Sep 11 2014 06:21 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.029 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4832 CONGRESSIONAL RECORD — SENATE July 6, 2016 donor cells or protoplasts do not fall within is at least 0.9 percent of the food shall be 293, provided that such State requirement the same taxonomic group, in a way that considered a bioengineered food;’’. takes effect on or before July 1, 2016.’’. does not occur by natural multiplication or natural recombination; SA 4950. Mr. SANDERS submitted an SA 4952. Mr. SANDERS submitted an ‘‘(3) the term ‘in vitro nucleic acid tech- amendment intended to be proposed to amendment intended to be proposed to niques’ means techniques, including recom- amendment SA 4935 proposed by Mr. amendment SA 4935 proposed by Mr. binant DNA or ribonucleic acid techniques, MCCONNELL (for Mr. ROBERTS) to the MCCONNELL (for Mr. ROBERTS) to the that use vector systems and techniques in- bill S. 764, to reauthorize and amend bill S. 764, to reauthorize and amend volving the direct introduction into the or- the National Sea Grant College Pro- the National Sea Grant College Pro- ganisms of hereditary materials prepared gram Act, and for other purposes; outside the organisms such as micro-injec- gram Act, and for other purposes; tion, chemoporation, electroporation, micro- which was ordered to lie on the table; which was ordered to lie on the table; encapsulation, and liposome fusion; as follows: as follows: ‘‘(4) the term ‘organism’ means any bio- On page 9, line 17, insert ‘‘, and any com- On page 5, line 11, strike ‘‘, symbol, or’’ and logical entity capable of replication, repro- pany manufacturing or marketing a product all that follows through ‘‘link’’ on line 14 duction, or transferring of genetic material; with a quick response code may not coordi- and insert ‘‘or symbol, and, in the case of a ‘‘(5) the term ‘processing aid’ means— nate with a company selling a product with symbol, be a circle with the letters ‘GMO’ in ‘‘(A) a substance that is added to a food a quick response code in order to track con- the center’’. Strike line 16 on page 5 and all that follows during the processing of the food but that is sumers or better market to consumers’’ after removed in some manner from the food be- through line 12 on page 6. ‘‘consumers’’. Strike line 16 on page 6. fore the food is packaged in its finished form; On page 9, line 21, after the semicolon, in- ‘‘(B) a substance that is added to a food sert the following: ‘‘and SA 4953. Mr. SANDERS submitted an during processing, is converted into con- ‘‘(C) information described in subpara- amendment intended to be proposed to stituents normally present in the food, and graph (A) may be collected and kept only does not significantly increase the amount of with respect to consumers who opt in to that amendment SA 4935 proposed by Mr. the constituents naturally found in the food; collection, and a consumer’s decision to not MCCONNELL (for Mr. ROBERTS) to the or opt in to such collection shall not be the bill S. 764, to reauthorize and amend ‘‘(C) a substance that is added to a food for basis for a company to withhold information the National Sea Grant College Pro- its technical or functional effect in the proc- such company is otherwise required to dis- gram Act, and for other purposes; essing but is present in the finished food at close under this subtitle;’’. which was ordered to lie on the table; levels that do not have any technical or On page 10, between lines 3 and 4, insert as follows: functional effect in that finished food. the following: On page 2, strike lines 1 through 10 and in- ‘‘(g) RULES OF CONSTRUCTION.—This section ‘‘(e) PERSONALLY IDENTIFIABLE INFORMA- sert the following: shall not be construed to require— TION.—For purposes of subsection (d)(3), the ‘‘(1) BIOENGINEERING.—The term ‘bio- ‘‘(1) the listing or identification of any in- term ‘personally identifiable information’ engineering’, and any similar term, as deter- gredient or ingredients that were genetically means— mined by the Secretary, with respect to a engineered; or ‘‘(1) any representation of information that food, refers to a food or food ingredient that ‘‘(2) the placement of the term ‘genetically allows the identity of an individual to whom is produced with— engineered’ immediately preceding any com- the information applies to be reasonably in- ‘‘(A) in vitro nucleic acid techniques, in- mon name or primary product descriptor of a ferred by either direct or indirect means; or cluding recombinant deoxyribonucleic acid food.’’. ‘‘(2) information— (DNA) and direct injection of nucleic acid (b) PENALTIES.—Section 303 of the Federal ‘‘(A) that directly identifies an individual into cells or organelles; or Food, Drug, and Cosmetic Act (21 U.S.C. 333) (such as a name, address, social security ‘‘(B) fusion of cells beyond the taxonomic is amended by adding at the end the fol- number, or other identifying number or code, family, lowing: telephone number, or email address), includ- that overcome natural physiological repro- ‘‘(h)(1) A manufacturer who introduces or ing through metadata; delivers for introduction into interstate ductive or recombinant barriers and that are ‘‘(B) that indirectly identifies specific indi- commerce any food, the labeling of which is not techniques used in traditional breeding viduals in conjunction with other data ele- not in compliance with the applicable re- and selection..’’. ments (which may include a combination of quirements of section 424, or a retailer who name, address, gender, race, birth date, phys- sells or offers for retail sale a food, the dis- SA 4954. Ms. MURKOWSKI (for her- ical location, geographic indicator, and play for which is not in compliance with the self, Ms. CANTWELL, Mrs. MURRAY, Mr. other descriptors); or applicable requirements of section 424, shall SULLIVAN, and Mr. MERKLEY) sub- ‘‘(C) through which a specific individual be liable for a civil penalty of not more than may be contacted physically or electroni- mitted an amendment intended to be $1,000 per day, for each uniquely named, des- cally, which may be maintained in paper, proposed to amendment SA 4935 pro- ignated, or marketed food with respect to posed by Mr. MCCONNELL (for Mr. ROB- which such manufacturer or retailer is not in electronic, or other means.’’. ERTS) to the bill S. 764, to reauthorize compliance. Calculation of the civil penalty shall not be made or multiplied by the num- SA 4951. Mr. SANDERS submitted an and amend the National Sea Grant Col- ber of individual packages of the same prod- amendment intended to be proposed to lege Program Act, and for other pur- uct introduced or delivered for introduction amendment SA 4935 proposed by Mr. poses; which was ordered to lie on the into interstate commerce, or displayed or of- MCCONNELL (for Mr. ROBERTS) to the table; as follows: fered for retail sale. bill S. 764, to reauthorize and amend At the end, add the following: ‘‘(2) A person who knowingly provides a the National Sea Grant College Pro- SEC. ll. MARKET NAME FOR GENETICALLY EN- false statement under section 424(d)(4) that a gram Act, and for other purposes; GINEERED SALMON. raw agricultural commodity or processed (a) IN GENERAL.—Notwithstanding any food has not been knowingly or intentionally which was ordered to lie on the table; as follows: other provision of law, including the amend- produced with genetic engineering and has ments made by section 1, for purposes of ap- been segregated from and has not been know- On page 13, between lines 19 and 20, insert plying the Federal Food, Drug, and Cosmetic ingly or intentionally commingled with food the following: Act (21 U.S.C. 301 et seq.), the acceptable that may have been produced with genetic ‘‘(c) EXCEPTION TO FEDERAL PREEMPTION.— market name of any salmon that is geneti- engineering at any time shall be liable for a Notwithstanding the Federal preemption cally engineered shall include the words ‘‘Ge- civil penalty of not more than $100,000.’’. provisions of subsection (b) and section netically Engineered’’ or ‘‘GE’’ prior to the 293(e), a State may continue in effect as to existing acceptable market name. SA 4949. Mr. SANDERS submitted an any food in interstate commerce that is the (b) DEFINITION.—For purposes of this sec- amendment intended to be proposed to subject of the national bioengineered food tion, salmon is genetically engineered if it amendment SA 4935 proposed by Mr. disclosure standard under section 293 any re- has been modified by recombinant DNA MCCONNELL (for Mr. ROBERTS) to the quirement relating to the labeling or disclo- (rDNA) techniques, including the entire lin- bill S. 764, to reauthorize and amend sure of whether a food or seed is bioengieered eage of salmon that contain the rDNA modi- the National Sea Grant College Pro- or genetically engineered or was developed fication. or produced using bioengineering or genetic (c) SAVINGS CLAUSE.—Nothing in this Act, gram Act, and for other purposes; engineering for a food, including any re- including the amendments made by this Act, which was ordered to lie on the table; quirement for claims that a food or seed is or affects the authority of the Food and Drug as follows: contains an ingredient that was developed or Administration to establish market names On page 5, strike lines 1 through 4 and in- produced using bioengineering or genetic en- for foods. sert the following: gineering, even if such State requirement is ‘‘(B) establish that any food that contains not identical to the mandatory disclosure re- SA 4955. Mr. SANDERS submitted an a bioengineered substance in an amount that quirement under the standard under section amendment intended to be proposed to

VerDate Sep 11 2014 06:21 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.031 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4833 amendment SA 4935 proposed by Mr. tion and Customs Enforcement shall make of the crimes for which such alien was MCCONNELL (for Mr. ROBERTS) to the reasonable efforts— charged or convicted; and bill S. 764, to reauthorize and amend ‘‘(A) to obtain information from law en- ‘‘(B) to provide the victim or, if the victim the National Sea Grant College Pro- forcement agencies and from other available is deceased, a parent, guardian, spouse, or sources regarding the identity of any victims closest living relative of such victim, with gram Act, and for other purposes; of the crimes for which such alien was information, on a timely and ongoing basis, which was ordered to lie on the table; charged or convicted; and including— as follows: ‘‘(B) to provide the victim or, if the victim ‘‘(i) the alien’s full name, aliases, date of On page 12, between lines 2 and 3, insert is deceased, a parent, guardian, spouse, or birth, and country of nationality; the following: closest living relative of such victim, with ‘‘(ii) the alien’s immigration status and ‘‘(5) PENALTIES.— information, on a timely and ongoing basis, criminal history; ‘‘(A) CIVIL PENALTIES; IN GENERAL.—Any including— ‘‘(iii) the alien’s custody status and any person who fails to make a disclosure as de- ‘‘(i) the alien’s full name, aliases, date of changes related to the alien’s custody; and scribed in paragraph (1) or who knowingly birth, and country of nationality; ‘‘(iv) a description of any efforts by the provides a false statement in the course of ‘‘(ii) the alien’s immigration status and United States Government to remove the an examination or audit under paragraph (3) criminal history; alien from the United States.’’. shall be subject to a civil penalty in an ‘‘(iii) the alien’s custody status and any (c) SAVINGS PROVISION.—Nothing in this amount of not more than $1,000 per day, per changes related to the alien’s custody; and section, or the amendments made by this food related to such failure to disclose or ‘‘(iv) a description of any efforts by the section, may be construed to limit the rights such false statement. United States Government to remove the of crime victims under any other provision ‘‘(B) CLARIFICATIONS.—Calculation of the alien from the United States.’’. of law, including section 3771 of title 18, civil penalty under subparagraph (A) shall (c) SAVINGS PROVISION.—Nothing in this United States Code. not be made or multiplied by the number of section, or the amendments made by this individual packages of the same food dis- section, may be construed to limit the rights SA 4958. Mr. FRANKEN submitted an played or offered for retail sale. Civil pen- of crime victims under any other provision amendment intended to be proposed to alties assessed under subparagraph (A) shall of law, including section 3771 of title 18, amendment SA 4935 proposed by Mr. accrue and be assessed per each uniquely United States Code. MCCONNELL (for Mr. ROBERTS) to the named, designated, or marketed food. bill S. 764, to reauthorize and amend ‘‘(C) CITIZEN SUITS.—An individual whose SA 4957. Mrs. ERNST (for herself, Mr. the National Sea Grant College Pro- interests are adversely affected by a viola- GRASSLEY, Mr. SASSE, and Mrs. FISCH- gram Act, and for other purposes; tion described in subparagraph (A) may col- ER) submitted an amendment intended which was ordered to lie on the table; lect damages in an amount of not more than to be proposed by her to the bill S. 3100, as follows: $100,000 per violation.’’. to ensure that State and local law en- At the end, add the following: forcement may cooperate with Federal SA 4956. Mrs. ERNST (for herself, Mr. SEC. 3. BIOENGINEERED FOOD HEALTH STUDIES. officials to protect our communities (a) DEFINITIONS.—In this section— GRASSLEY, Mr. SASSE, and Mrs. FISCH- from violent criminals and suspected (1) the term ‘‘bioengineering’’ has the ER) submitted an amendment intended terrorists who are illegally present in meaning given such term in section 291 of to be proposed by her to the bill S. 2193, the Agriculture Marketing Act of 1946 (as to amend the Immigration and Nation- the United States; which was ordered to lie on the table; as follows: added by section 1); ality Act to increase penalties for indi- (2) the term ‘‘Director of NIH’’ means the viduals who illegally reenter the At the end of the bill, add the following: Director of the National Institutes of Health; United States after being removed and SEC. 5. MANDATORY DETENTION OF CERTAIN and ALIENS CHARGED WITH A CRIME RE- for other purposes; which was ordered (3) the term ‘‘food’’ has the meaning given SULTING IN DEATH OR SERIOUS such term in section 201 of the Federal Food, to lie on the table; as follows: BODILY INJURY. Drug, and Cosmetic Act (21 U.S.C. 321). (a) SHORT TITLE.—This section may be At the end of the bill, add the following: (b) ESTABLISHMENT.—The Director of NIH SEC. 3. MANDATORY DETENTION OF CERTAIN cited as ‘‘Sarah’s Law’’. shall establish a program under which the ALIENS CHARGED WITH A CRIME RE- (b) IN GENERAL.—Section 236(c) of the Im- Director of NIH shall provide grants to eligi- SULTING IN DEATH OR SERIOUS migration and Nationality Act (8 U.S.C. ble entities to study— BODILY INJURY. 1226(c)) is amended— (1) the potential human health benefits and (a) SHORT TITLE.—This section may be (1) in paragraph (1)— risks of bioengineered food; and cited as ‘‘Sarah’s Law’’. (A) in subparagraphs (A) and (B), by strik- (2) the potential human health benefits and (b) IN GENERAL.—Section 236(c) of the Im- ing the comma at the end of each subpara- risks associated with the use of herbicides migration and Nationality Act (8 U.S.C. graph and inserting a semicolon; and pesticides in growing bioengineered 1226(c)) is amended— (B) in subparagraph (C)— crops. (1) in paragraph (1)— (i) by striking ‘‘sentence’’ and inserting (c) LONG-TERM STUDIES.—In selecting enti- (A) in subparagraphs (A) and (B), by strik- ‘‘sentenced’’; and ties to receive grants under this section, the ing the comma at the end of each subpara- (ii) by striking ‘‘, or’’ and inserting a semi- Director of NIH shall give priority to enti- graph and inserting a semicolon; colon; ties that propose to conduct long-term stud- (B) in subparagraph (C)— (C) in subparagraph (D), by striking the ies or other innovative studies, at the discre- (i) by striking ‘‘sentence’’ and inserting comma at the end and inserting ‘‘; or’’; and tion of the Director of NIH. ‘‘sentenced’’; and (D) by inserting after subparagraph (D) the (d) ELIGIBLE ENTITIES.—Entities eligible (ii) by striking ‘‘, or’’ and inserting a semi- following: for grants under this section include aca- colon; ‘‘(E)(i)(I) was not inspected and admitted demic institutions, national laboratories, (C) in subparagraph (D), by striking the into the United States; Federal research agencies, State and tribal comma at the end and inserting ‘‘; or’’; and ‘‘(II) held a nonimmigrant visa (or other research agencies, public-private partner- (D) by inserting after subparagraph (D) the documentation authorizing admission into ships, and consortiums of 2 or more such en- following: the United States as a nonimmigrant) that tities. ‘‘(E)(i)(I) was not inspected and admitted has been revoked under section 221(i); or (e) REPORTS.—The Director of NIH shall into the United States; ‘‘(III) is described in section 237(a)(1)(C)(i); submit to the Committee on Agriculture, ‘‘(II) held a nonimmigrant visa (or other and Nutrition, and Forestry and the Committee documentation authorizing admission into ‘‘(ii) has been charged by a prosecuting au- on Health, Education, Labor, and Pensions of the United States as a nonimmigrant) that thority in the United States with any crime the Senate and the Committee on Agri- has been revoked under section 221(i); or that resulted in the death or serious bodily culture and the Committee on Energy and ‘‘(III) is described in section 237(a)(1)(C)(i); injury (as defined in section 1365(h)(3) of title Commerce of House of Representative peri- and 18, United States Code) of another person,’’; odic reports describing— ‘‘(ii) has been charged by a prosecuting au- and (1) each study for which a grant has been thority in the United States with any crime (2) by adding at the end the following: provided under this section; that resulted in the death or serious bodily ‘‘(3) NOTIFICATION REQUIREMENT.—Upon en- (2) any preliminary findings as a result of injury (as defined in section 1365(h)(3) of title countering or gaining knowledge of an alien each such study; and 18, United States Code) of another person,’’; described in paragraph (1), the Assistant Sec- (3) a summary of topics that remain uncer- and retary of Homeland Security for Immigra- tain with respect to the potential human (2) by adding at the end the following: tion and Customs Enforcement shall make health benefits and risks of bioengineered ‘‘(3) NOTIFICATION REQUIREMENT.—Upon en- reasonable efforts— food, and where additional research is still countering or gaining knowledge of an alien ‘‘(A) to obtain information from law en- needed. described in paragraph (1), the Assistant Sec- forcement agencies and from other available (f) AUTHORIZATION OF APPROPRIATIONS.— retary of Homeland Security for Immigra- sources regarding the identity of any victims There is authorized to be appropriated to

VerDate Sep 11 2014 06:21 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.032 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4834 CONGRESSIONAL RECORD — SENATE July 6, 2016 carry out this section $50,000,000, to remain ‘‘(4) RECALL AUTHORITY.—The Secretary SA 4962. Mr. LEAHY submitted an available until expended. shall have no authority to recall any food amendment intended to be proposed to subject to this subtitle on the basis of amendment SA 4935 proposed by Mr. SA 4959. Mr. BLUMENTHAL (for whether the food bears a disclosure that the MCCONNELL (for Mr. ROBERTS) to the himself and Mr. MURPHY) submitted an food is bioengineered. bill S. 764, to reauthorize and amend amendment intended to be proposed to ‘‘SEC. 294. SAVINGS PROVISIONS. the National Sea Grant College Pro- amendment SA 4935 proposed by Mr. ‘‘(a) TRADE.—This subtitle shall be applied gram Act, and for other purposes; MCCONNELL (for Mr. ROBERTS) to the in a manner consistent with United States which was ordered to lie on the table; bill S. 764, to reauthorize and amend obligations under international agreements. ‘‘(b) OTHER AUTHORITIES.—Nothing in this as follows: the National Sea Grant College Pro- subtitle— On page 8, strike lines 8 through 16 and in- gram Act, and for other purposes; ‘‘(1) affects the authority of the Secretary sert the following: which was ordered to lie on the table; of Health and Human Services or creates any ‘‘(4) ON-PACKAGE DISCLOSURE.—If the Sec- as follows: rights or obligations for any person under retary determines in the study conducted Beginning on page 10, strike line 4 and all the Federal Food, Drug, and Cosmetic Act under paragraph (1) that consumers, while that follows through page 13, line 25 and in- (21 U.S.C. 301 et seq.); or shopping, would not have sufficient access to sert the following: ‘‘(2) affects the authority of the Secretary the bioengineering disclosure through elec- ‘‘(e) STATE FOOD LABELING STANDARDS.— of the Treasury or creates any rights or obli- tronic or digital disclosure methods, the Sec- ‘‘(1) LABELING STANDARDS.—Notwith- gations for any person under the Federal Al- retary shall require in regulations promul- standing subsection (b)(1), subject to para- cohol Administration Act (27 U.S.C. 201 et gated under this section that the form of a graph (2), a State or political subdivision of seq.). food disclosure under this section be a text a State may establish or continue in effect ‘‘(c) OTHER.—A food may not be considered or symbol. any requirement relating to the labeling of to be ‘not bioengineered’, ‘non-GMO’, or any whether a food, food ingredient, or seed is other similar claim describing the absence of SA 4963. Mr. LEAHY submitted an bioengineered or was developed or produced bioengineering in the food solely because the amendment intended to be proposed to using bioengineering. food is not required to bear a disclosure that amendment SA 4935 proposed by Mr. the food is bioengineered under this subtitle. ‘‘(2) REQUIREMENTS.—A requirement de- MCCONNELL (for Mr. ROBERTS) to the scribed in paragraph (1) shall be identical to, ‘‘(d) REMEDIES.—Nothing in this subtitle preempts any remedy created by a State or bill S. 764, to reauthorize and amend or impose a higher standard than, the na- the National Sea Grant College Pro- tional bioengineered food disclosure stand- Federal statutory or common law right.’’. ard under this section, such as by— gram Act, and for other purposes; ‘‘(A) the coverage of a food not covered SA 4960. Mr. LEAHY submitted an which was ordered to lie on the table; under the standard; amendment intended to be proposed to as follows: ‘‘(B) the requirement of the disclosure of amendment SA 4935 proposed by Mr. On page 7, strike lines 5 through 9 and in- information that is not required to be dis- MCCONNELL (for Mr. ROBERTS) to the sert the following: closed under the standard; bill S. 764, to reauthorize and amend shall submit to Congress a report describing ‘‘(C) the requirement of an on-package dis- the National Sea Grant College Pro- the results of a study conducted by the Sec- closure; gram Act, and for other purposes; retary that shall— ‘‘(A) identify potential technological chal- ‘‘(D) the establishment of a standard relat- which was ordered to lie on the table; ing to the size, prominence, or design of an lenges that may impact whether consumers on-package disclosure; as follows: would have access to the bioengineering dis- ‘‘(E) the requirement of increased On page 13, strike lines 8 through 19 and in- closure through electronic or digital disclo- accessability to the electronic or digital dis- sert the following: sure methods; and closure; or ‘‘(b) FEDERAL PREEMPTION.—No State or a ‘‘(B) evaluate consumer awareness of how ‘‘(F) the requirement that a person subject political subdivision of a State may directly to access the bioengineering disclosure to disclosure requirements establish more or indirectly establish under any authority through electronic or digital disclosure stringent procedures or practices for record- or continue in effect as to any food in inter- methods. keeping than are required under the stand- state commerce any requirement relating to On page 8, between lines 7 and 8 insert the ard. the labeling of whether a food (including following: ‘‘(f) CONSISTENCY WITH CERTAIN LAWS.— food served in a restaurant or similar estab- ‘‘(F) Whether a consumer has sufficient The Secretary shall consider establishing lishment) is genetically engineered (which awareness of how to access the bio- consistency between— shall include such other similar terms as de- engineering disclosure. ‘‘(1) the national bioengineered food disclo- termined by the Secretary of Agriculture) or ‘‘(G) The age of a consumer. sure standard established under this section; was developed or produced using genetic en- ‘‘(H) The socioeconomic status of a con- and gineering, including any requirement for sumer. ‘‘(2) the Organic Foods Production Act of claims that a food is or contains an ingre- 1990 (7 U.S.C. 6501 et seq.) and any rules or dient that was developed or produced using SA 4964. Mr. LEAHY submitted an regulations implementing that Act. genetic engineering. amendment intended to be proposed to ‘‘(g) ENFORCEMENT.— amendment SA 4935 proposed by Mr. ‘‘(1) PROHIBITED ACT.—It shall be a prohib- SA 4961. Mr. LEAHY submitted an MCCONNELL (for Mr. ROBERTS) to the ited act for a person to knowingly fail to amendment intended to be proposed to bill S. 764, to reauthorize and amend make a disclosure as required under this sec- amendment SA 4935 proposed by Mr. the National Sea Grant College Pro- tion. MCCONNELL (for Mr. ROBERTS) to the gram Act, and for other purposes; ‘‘(2) RECORDKEEPING.—Each person subject bill S. 764, to reauthorize and amend which was ordered to lie on the table; to the mandatory disclosure requirement the National Sea Grant College Pro- under this section shall maintain, and make as follows: available to the Secretary, on request, such gram Act, and for other purposes; On page 8, line 24, strike ‘‘food’’ and insert records as the Secretary determines to be which was ordered to lie on the table; ‘‘GE’’. customary or reasonable in the food indus- as follows: On page 9, line 6, strike ‘‘food’’ and insert try, by regulation, to establish compliance On page 2, strike lines 1 through 10 and in- ‘‘GE’’. with this section. sert the following: ‘‘(3) EXAMINATION AND AUDIT.— ‘‘(1) BIOENGINEERING.—The term ‘bio- SA 4965. Mr. LEAHY submitted an ‘‘(A) IN GENERAL.—The Secretary may con- engineering’, and any similar term, as deter- amendment intended to be proposed to duct an examination, audit, or similar activ- mined by the Secretary, with respect to a amendment SA 4935 proposed by Mr. ity with respect to any records required food, refers to a food or food ingredient— MCCONNELL (for Mr. ROBERTS) to the under paragraph (2). ‘‘(A) that is produced with genetic engi- bill S. 764, to reauthorize and amend ‘‘(B) NOTICE AND HEARING.—A person sub- neering techniques, including— the National Sea Grant College Pro- ject to an examination, audit, or similar ac- ‘‘(i) recombinant deoxyribonucleic acid gram Act, and for other purposes; tivity under subparagraph (A) shall be pro- (DNA); vided notice and opportunity for a hearing ‘‘(ii) cell fusion; which was ordered to lie on the table; on the results of any examination, audit, or ‘‘(iii) micro and macro injection; as follows: similar activity. ‘‘(iv) encapsulation; and On page 5, strike lines 9 through 15 and in- ‘‘(C) AUDIT RESULTS.—After the notice and ‘‘(v) gene deletion and doubling; and sert the following: opportunity for a hearing under subpara- ‘‘(B) for which the genetic material has ‘‘(D) require that the form of a food disclo- graph (B), the Secretary shall make public been altered in a way that does not occur sure under this section be a text or symbol; the summary of any examination, audit, or naturally by mating, natural recombination, On page 5, line 22, strike ‘‘earlier’’ and in- similar activity under subparagraph (A). or conventional breeding. sert ‘‘later’’.

VerDate Sep 11 2014 06:21 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.032 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4835 On page 6, strike lines 1 through 12 and in- gram Act, and for other purposes; ‘‘Subtitle E—Labeling of Certain Food sert the following: which was ordered to lie on the table; ‘‘SEC. 291. FEDERAL PREEMPTION. ‘‘(ii) on-package disclosure options, in ad- as follows: ‘‘(a) DEFINITIONS.—In this subtitle: dition to those available under subparagraph On page 8, line 24, strike ‘‘more’’ and insert ‘‘(1) FOOD.—The term ‘food’ has the mean- (D), that may be selected by the small food ‘‘GMO and other’’. ing given the term in section 201 of the Fed- manufacturer, that consist of— On page 9, line 6, strike ‘‘more’’ and insert eral Food, Drug, and Cosmetic Act (21 U.S.C. ‘‘(I) a telephone number accompanied by ‘‘GMO and other’’. 321). the following language to indicate that the ‘‘(2) GENETICALLY ENGINEERED.—The term phone number provides access to additional SA 4970. Mr. MERKLEY submitted an ‘genetically engineered’ has the meaning bioengineered food information: ‘Call for amendment intended to be proposed to given the term in the Coordinated Frame- more GE information’; and amendment SA 4935 proposed by Mr. work for the Regulation of Biotechnology, ‘‘(II) an Internet website maintained by published June 26, 1986, and February 27, 1992 the small food manufacturer; and MCCONNELL (for Mr. ROBERTS) to the bill S. 764, to reauthorize and amend (51 Fed. Reg. 23302; 57 Fed. Reg. 6753). On page 7, strike line 1 and all that follows ‘‘(b) FEDERAL PREEMPTION.—No State or a through page 10, line 3. the National Sea Grant College Pro- political subdivision of a State may directly On page 10, line 4, strike ‘‘(e)’’ and insert gram Act, and for other purposes; or indirectly establish under any authority ‘‘(c)’’. which was ordered to lie on the table; or continue in effect as to any food or seed On page 10, line 14, strike ‘‘(f)’’ and insert as follows: in interstate commerce any requirement re- ‘‘(d)’’. On page 10, strike lines 22 through 24 and lating to the labeling of whether a food (in- On page 10, line 21, strike ‘‘(g)’’ and insert insert the following: cluding food served in a restaurant or simi- ‘‘(e)’’. ‘‘(1) IN GENERAL.— lar establishment) or seed is genetically en- gineered or was developed or produced using SA 4966. Mr. LEAHY submitted an ‘‘(A) WARNINGS.—If the Secretary deter- mines that a person is in violation of the na- genetic engineering, including any require- amendment intended to be proposed to tional bioengineered food disclosure stand- ment for claims that a food or seed is or con- amendment SA 4935 proposed by Mr. ard under this subtitle, the Secretary shall— tains an ingredient that was developed or MCCONNELL (for Mr. ROBERTS) to the ‘‘(i) notify the person of the determination produced using genetic engineering.’’. bill S. 764, to reauthorize and amend of the Secretary; and f the National Sea Grant College Pro- ‘‘(ii) provide the person a 30-day period, be- AUTHORITY FOR COMMITTEES TO ginning on the date on which the person re- gram Act, and for other purposes; MEET which was ordered to lie on the table; ceives the notice under clause (i) from the as follows: Secretary, during which the person may take COMMITTEE ON HOMELAND SECURITY AND necessary steps to comply with the standard. GOVERNMENTAL AFFAIRS On page 13, strike line 20 and insert the fol- ‘‘(B) FINES.—On completion of the 30-day Mr. SASSE. Mr. President, I ask lowing: period described in subparagraph (A)(ii) and unanimous consent that the Com- ‘‘SEC. 296. PRESERVATION OF CERTAIN STATE after providing notice and an opportunity for LAWS. mittee on Homeland Security and Gov- a hearing before the Secretary, the Sec- ernmental Affairs be authorized to ‘‘Notwithstanding section 293(e) and sec- retary may fine the person in an amount of tion 295(b), nothing in this subtitle or sub- not more than $1,000 for each violation if the meet during the session of the Senate title E shall affect the authority of a State Secretary determines that the person— on July 6, 2016, at 2:30 p.m. or political subdivision of a State to enforce ‘‘(i) has not made a good faith effort to The PRESIDING OFFICER. Without any State or local law (including any action comply with the national bioengineered food objection, it is so ordered. taken or requirement imposed pursuant to disclosure standard under this subtitle; and PERMANENT SUBCOMMITTEE ON INVESTIGATIONS the authority of the State or local law) re- ‘‘(ii) continues to willfully violate the Mr. SASSE. Mr. President, I ask lating to food labeling or seed labeling that standard with respect to the violation about was enacted before January 1, 2016. unanimous consent that the Perma- which the person received notification under nent Subcommittee on Investigations ‘‘SEC. 297. EXCLUSION FROM FEDERAL PREEMP- subparagraph (A)(i). TION. of the Committee on Homeland Secu- SA 4971. Mr. TESTER (for himself rity and Governmental Affairs be au- SA 4967. Mr. LEAHY submitted an and Mr. MERKLEY) submitted an thorized to meet during the session of amendment intended to be proposed to amendment intended to be proposed to the Senate on July 6, 2016, at 2 p.m., to amendment SA 4935 proposed by Mr. amendment SA 4935 proposed by Mr. conduct a hearing entitled, ‘‘ISIS On- MCCONNELL (for Mr. ROBERTS) to the MCCONNELL (for Mr. ROBERTS) to the line: Countering Terrorist bill S. 764, to reauthorize and amend bill S. 764, to reauthorize and amend Radicalization and Recruitment on the the National Sea Grant College Pro- the National Sea Grant College Pro- Internet and Social Media.’’ gram Act, and for other purposes; gram Act, and for other purposes; The PRESIDING OFFICER. Without which was ordered to lie on the table; which was ordered to lie on the table; objection, it is so ordered. as follows: as follows: f On page 5, strike lines 1 through 4 and in- On page 2, strike lines 6 through 15 and in- PRIVILEGES OF THE FLOOR sert the following: sert the following: Mr. MERKLEY. Mr. President, I ask ‘‘(B) require that a food that contains bio- ‘‘(1) BIOENGINEERING.—The term ‘bio- engineered substances in an amount greater engineering’, and any similar term, as deter- unanimous consent that my intern, than 9⁄10 of 1 percent of the total weight of mined by the Secretary, with respect to a Olivia Woods, be granted privileges of the food shall be a bioengineered food; food, refers to a food or food ingredient— the floor for the balance of the day. ‘‘(A) that is produced with genetic engi- The PRESIDING OFFICER. Without SA 4968. Mr. LEAHY submitted an neering techniques; and objection, it is so ordered. ‘‘(B) for which the genetic material has amendment intended to be proposed to f amendment SA 4935 proposed by Mr. been altered in a manner that does not occur naturally by mating or conventional breed- NOTICE: REGISTRATION OF MASS MCCONNELL (for Mr. ROBERTS) to the ing. MAILINGS bill S. 764, to reauthorize and amend the National Sea Grant College Pro- SA 4972. Mr. SASSE submitted an The filing date for the 2016 second gram Act, and for other purposes; amendment intended to be proposed to quarter Mass Mailing report is Mon- which was ordered to lie on the table; amendment SA 4935 proposed by Mr. day, July 25, 2016. An electronic option as follows: MCCONNELL (for Mr. ROBERTS) to the is available on Webster that will allow On page 9, line 17, insert ‘‘, including bill S. 764, to reauthorize and amend forms to be submitted via a fillable pdf unique identifiers that are linked, or the National Sea Grant College Pro- document. If your office did no mass linkable, to consumers or the devices of con- gram Act, and for other purposes; mailings during this period, please sub- sumers’’ before ‘‘; but’’. which was ordered to lie on the table; mit a form that states ‘‘none.’’ as follows: Mass mailing registrations or nega- SA 4969. Mr. MERKLEY submitted an tive reports can be submitted elec- In lieu of the matter proposed to be in- amendment intended to be proposed to serted, insert the following: tronically or delivered to the Senate amendment SA 4935 proposed by Mr. SECTION 1. LABELING OF CERTAIN FOOD. Office of Public Records, 232 Hart MCCONNELL (for Mr. ROBERTS) to the The Agricultural Marketing Act of 1946 (7 Building, Washington, D.C. 20510–7116. bill S. 764, to reauthorize and amend U.S.C. 1621 et seq.) is amended by adding at The Senate Office of Public Records the National Sea Grant College Pro- the end the following: is open from 9:00 a.m. to 6:00 p.m. For

VerDate Sep 11 2014 08:04 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.033 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4836 CONGRESSIONAL RECORD — SENATE July 6, 2016 further information, please contact the Whereas at the 2014 NATO Wales Summit, Treaty and contribute to the security of the Senate Office of Public Records at (202) Alliance members addressed this changed se- North Atlantic area: Now, therefore, be it 224–0322. curity environment by committing to en- Resolved, That the Senate— hancing readiness and collective defense; in- (1) recognizes the service of the brave men f creasing defense spending and boosting mili- and women who have served to safeguard the EXPRESSING THE SENSE OF THE tary capabilities; and improving NATO sup- freedom and security of the United States SENATE IN SUPPORT OF THE port for partner countries through the De- and the whole of the transatlantic alliance; fense Capacity Building Initiative; NORTH ATLANTIC TREATY OR- (2) encourages Alliance members at the Whereas although Article 14 of the Wales NATO Warsaw Summit to promote unity and GANIZATION AND THE NATO Declaration calls on all members of the alli- solidarity, and to ensure a robust security SUMMIT TO BE HELD IN WAR- ance to spend a minimum of 2 percent of posture capable of deterring any potential SAW, POLAND FROM JULY 8–9, their Gross Domestic Product (GDP) on de- adversary, in the face of the complex and 2016 fense within a decade, currently only five changing security environment confronting members are achieving that target; Mr. TILLIS. Mr. President, I ask the Alliance on its eastern, northern, and Whereas, after the 2014 Wales Summit, the southern fronts; unanimous consent that the Senate Russian military invaded Ukraine, adding (3) urges all NATO members to invest at proceed to the consideration of Cal- Crimea to the list of areas illegally con- least two percent of GDP in defense spending endar No. 529, S. Res. 506. trolled by Moscow, including Georgia’s and carry an equitable burden in supporting The PRESIDING OFFICER. The Abkhazia and South Ossetia regions; the resource requirements and ødefense capa- clerk will report the resolution by Whereas Russian-backed separatists in bilities of the Alliance;¿ defense capabilities of title. Eastern Ukraine continue to destabilize the the Alliance, including an increased forward de- The legislative clerk read as follows: region with support from the Government of fense posture in NATO frontline states; the Russian Federation; A resolution (S. Res. 506) expressing the (4) reaffirms its commitment to NATO’s Whereas the Government of the Russian collective security as guaranteed by Article sense of the Senate in support of the North Federation continues to undertake provoca- Atlantic Treaty Organization and the NATO 5 of the North Atlantic Treaty; tive, unprofessional, and dangerous actions (5) welcomes the progress of NATO’s ballistic summit to be held in Warsaw, Poland from towards NATO air and naval forces and con- July 8–9, 2016, and in support of committing missile defense mission, adopted at the 2010 Lis- tinues to exercise hybrid warfare capabilities bon Summit, and the achievement of recent NATO to a security posture capable of deter- against member and nonmember states along ring threats to the Alliance. United States milestones in this area through its western borders; the partnership of allies, including Romania There being no objection, the Senate Whereas Poland and the Baltic States of and Poland; proceeded to consider the resolution, Estonia, Latvia, and Lithuania are on the ø(5)¿(6) recognizes Georgia’s troop con- which had been reported from the Com- frontlines of renewed Russian aggression and tributions to missions abroad, its robust de- mittee on Foreign Relations, with hybrid warfare, including disinformation fense spending, and its ongoing efforts to campaigns, cyber threats, and snap military strengthen its democratic and military insti- amendments and an amendment to the exercises along the Alliance’s eastern flank; preamble, as follows: tutions for NATO accession; and Whereas President Barack Obama proposed ø(6)¿(7) recognizes the ongoing work of (The parts intended to be stricken a quadrupling of the European Reassurance NATO’s Resolute Support Mission in Afghan- Initiative in fiscal year 2017 to $3,400,000,000 are shown in boldface brackets and the istan, with 12,000 troops advising and assist- in order to enhance the United States com- parts intended to be inserted are shown ing Afghanistan’s security ministries, and mitment to NATO, to support Europe’s de- in italics.) army and police øcommands across the coun- fense, and to deter further Russian aggres- S. RES. 506 try¿ commands across the country, and the sig- sion; nificant commitment NATO allies and coalition Whereas the North Atlantic Treaty, signed Whereas the cornerstone of NATO’s collec- partners have dedicated to Afghanistan since April 4, 1949, in Washington, District of Co- tive defense initiative is the Readiness Ac- 2001, including at least 1,134 troops from NATO lumbia, which created the North Atlantic tion Plan, intended to enable a continuous allies and coalition partners of the United Treaty Organization (‘‘NATO’’), proclaims: NATO military presence on the Alliance’s ‘‘[Members] are determined to safeguard the periphery, especially its easternmost states, States who lost their lives in that conflict. freedom, common heritage and civilisation which includes enhanced troop rotations, Mr. TILLIS. Mr. President, I ask of their peoples, founded on the principles of military exercises, and the establishment of unanimous consent that the com- democracy, individual liberty and the rule of a Very High Readiness Task Force; mittee-reported amendments be agreed law. They seek to promote stability and Whereas, in follow-up to commitments to, the resolution, as amended, be well-being in the North Atlantic area. They made at the NATO Wales Summit, NATO agreed to, the committee-reported are resolved to unite their efforts for collec- and the Government of Georgia agreed on a amendment to the preamble be agreed tive defence and for the preservation of ‘‘Substantial Package’’ of cooperation and to, the preamble, as amended, be peace and security.’’; defense reform initiatives to strengthen Whereas NATO has been the backbone of Georgia’s resilience and self-defense capa- agreed to, and the motions to recon- the European security architecture for 67 bilities and develop closer security coopera- sider be considered made and laid upon years, evolving to meet the changing trans- tion and interoperability with NATO mem- the table with no intervening action or atlantic geopolitical and security environ- bers, including through the establishment of debate. ment; the Joint Training and Evaluation Center, The PRESIDING OFFICER. Without Whereas NATO continues its mission in Af- which was inaugurated in 2015; objection, it is so ordered. ghanistan following the September 11, 2001, Whereas the threat of transnational ter- The committee-reported amendments attacks on the United States; rorism has resulted in attacks in Turkey, Whereas NATO, through its contributions to France, Belgium, and the United States, and were agreed to. the common defense, including its invocation of the Islamic State of Iraq and the Levant The resolution (S. Res. 506), as Article 5 after the attacks of September 11, 2001, (ISIL) continues to pose a real and evolving amended, was agreed to. has significantly contributed to the security of threat to member states, other countries in The committee-reported amendment the United States and has served as a force mul- Europe, and the broader international com- to the preamble was agreed to. tiplier for the United States; munity; The preamble, as amended, was Whereas at the NATO Wales Summit in Whereas the migration crisis from the Syr- agreed to. September 2014, NATO reaffirmed the Alli- ian civil war, the conflict in Afghanistan, The resolution, as amended, with its ance’s role in transatlantic security and its and economic and humanitarian crises in Af- preamble, as amended, reads as follows: ability to respond to emerging security rica have placed a great strain on member threats and challenges; states; S. RES. 506 Whereas Alliance members at the NATO Whereas the NATO summit in Warsaw, Po- Whereas the North Atlantic Treaty, signed Wales Summit defined the new security par- land, is an opportunity to enhance and more April 4, 1949, in Washington, District of Co- adigm when they stated, ‘‘Russia’s aggres- deeply entrench those principles and build on lumbia, which created the North Atlantic sive actions against Ukraine have fundamen- our collective security, which continue to Treaty Organization (‘‘NATO’’), proclaims: tally challenged our vision of a Europe bind the Alliance together and guide our ef- ‘‘[Members] are determined to safeguard the whole, free, and at peace. Growing insta- forts today; and freedom, common heritage and civilisation bility in our southern neighborhood, from Whereas, on May 19, 2016, Foreign Min- of their peoples, founded on the principles of the Middle East to North Africa, as well as isters of NATO member states signed an Ac- democracy, individual liberty and the rule of transnational and multi-dimensional cession Protocol to officially endorse and le- law. They seek to promote stability and threats, are also challenging our security. gally move forward Montenegro’s member- well-being in the North Atlantic area. They These can all have long-term consequences ship in the Alliance, which, consistent with are resolved to unite their efforts for collec- for peace and security in the Euro-Atlantic NATO’s ‘‘Open Door policy’’, would indeed tive defence and for the preservation of region and stability across the globe.’’; further the principles of the North Atlantic peace and security.’’;

VerDate Sep 11 2014 07:33 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.038 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE July 6, 2016 CONGRESSIONAL RECORD — SENATE S4837 Whereas NATO has been the backbone of defense reform initiatives to strengthen REAFFIRMING THE TAIWAN RELA- the European security architecture for 67 Georgia’s resilience and self-defense capa- TIONS ACT AND THE SIX ASSUR- years, evolving to meet the changing trans- bilities and develop closer security coopera- ANCES AS CORNERSTONES OF atlantic geopolitical and security environ- tion and interoperability with NATO mem- ment; UNITED STATES-TAIWAN RELA- bers, including through the establishment of TIONS Whereas NATO continues its mission in Af- the Joint Training and Evaluation Center, ghanistan following the September 11, 2001, which was inaugurated in 2015; Mr. TILLIS. Mr. President, I ask attacks on the United States; Whereas the threat of transnational ter- unanimous consent that the Senate Whereas NATO, through its contributions rorism has resulted in attacks in Turkey, proceed to the consideration of Cal- to the common defense, including its invoca- tion of Article 5 after the attacks of Sep- France, Belgium, and the United States, and endar No. 535, S. Con. Res. 38. tember 11, 2001, has significantly contributed the Islamic State of Iraq and the Levant The PRESIDING OFFICER. The to the security of the United States and has (ISIL) continues to pose a real and evolving clerk will report the concurrent resolu- served as a force multiplier for the United threat to member states, other countries in tion by title. States; Europe, and the broader international com- The legislative clerk read as follows: Whereas at the NATO Wales Summit in munity; A concurrent resolution (S. Con. Res. 38) September 2014, NATO reaffirmed the Alli- Whereas the migration crisis from the Syr- reaffirming the Taiwan Relations Act and ance’s role in transatlantic security and its ian civil war, the conflict in Afghanistan, the Six Assurances as cornerstones of United ability to respond to emerging security and economic and humanitarian crises in Af- States-Taiwan relations. threats and challenges; rica have placed a great strain on member There being no objection, the Senate Whereas Alliance members at the NATO states; proceeded to consider the concurrent Wales Summit defined the new security par- Whereas the NATO summit in Warsaw, Po- adigm when they stated, ‘‘Russia’s aggres- resolution. land, is an opportunity to enhance and more Mr. TILLIS. Mr. President, I ask sive actions against Ukraine have fundamen- deeply entrench those principles and build on tally challenged our vision of a Europe unanimous consent that the concur- our collective security, which continue to whole, free, and at peace. Growing insta- bind the Alliance together and guide our ef- rent resolution be agreed to, the pre- bility in our southern neighborhood, from amble be agreed to, and the motions to the Middle East to North Africa, as well as forts today; and Whereas, on May 19, 2016, Foreign Min- reconsider be considered made and laid transnational and multi-dimensional upon the table with no intervening ac- threats, are also challenging our security. isters of NATO member states signed an Ac- These can all have long-term consequences cession Protocol to officially endorse and le- tion or debate. for peace and security in the Euro-Atlantic gally move forward Montenegro’s member- The PRESIDING OFFICER. Without region and stability across the globe.’’; ship in the Alliance, which, consistent with objection, it is so ordered. Whereas at the 2014 NATO Wales Summit, NATO’s ‘‘Open Door policy’’, would indeed The concurrent resolution (S. Con. Alliance members addressed this changed se- further the principles of the North Atlantic Res. 38) was agreed to. curity environment by committing to en- Treaty and contribute to the security of the The preamble was agreed to. hancing readiness and collective defense; in- North Atlantic area: Now, therefore, be it (The concurrent resolution, with its creasing defense spending and boosting mili- Resolved, That the Senate— preamble, is printed in the RECORD of tary capabilities; and improving NATO sup- May 19, 2016, under ‘‘Submitted Resolu- port for partner countries through the De- (1) recognizes the service of the brave men fense Capacity Building Initiative; and women who have served to safeguard the tions.’’) Whereas although Article 14 of the Wales freedom and security of the United States f and the whole of the transatlantic alliance; Declaration calls on all members of the alli- URGING THE EUROPEAN UNION TO ance to spend a minimum of 2 percent of (2) encourages Alliance members at the their Gross Domestic Product (GDP) on de- NATO Warsaw Summit to promote unity and DESIGNATE HIZBALLAH IN ITS fense within a decade, currently only five solidarity, and to ensure a robust security ENTIRETY AS A TERRORIST OR- members are achieving that target; posture capable of deterring any potential GANIZATION Whereas after the 2014 Wales Summit, the adversary, in the face of the complex and Mr. TILLIS. Mr. President, I ask Russian military invaded Ukraine, adding changing security environment confronting unanimous consent that the Senate Crimea to the list of areas illegally con- the Alliance on its eastern, northern, and trolled by Moscow, including Georgia’s proceed to the immediate consider- southern fronts; ation of Calendar No. 537, S. Res. 482. Abkhazia and South Ossetia regions; (3) urges all NATO members to invest at Whereas Russian-backed separatists in The PRESIDING OFFICER. The least two percent of GDP in defense spending Eastern Ukraine continue to destabilize the clerk will report the resolution by and carry an equitable burden in supporting region with support from the Government of the resource requirements and defense capa- title. the Russian Federation; The legislative clerk read as follows: Whereas the Government of the Russian bilities of the Alliance, including an in- creased forward defense posture in NATO A resolution (S. Res. 482) urging the Euro- Federation continues to undertake provoca- pean Union to designate Hizballah in its en- tive, unprofessional, and dangerous actions frontline states; (4) reaffirms its commitment to NATO’s tirety as a terrorist organization and to in- towards NATO air and naval forces and con- crease pressure on the organization and its collective security as guaranteed by Article tinues to exercise hybrid warfare capabilities members to the fullest extent possible. against member and nonmember states along 5 of the North Atlantic Treaty; its western borders; (5) welcomes the progress of NATO’s bal- There being no objection, the Senate Whereas Poland and the Baltic States of listic missile defense mission, adopted at the proceeded to consider the resolution. Estonia, Latvia, and Lithuania are on the 2010 Lisbon Summit, and the achievement of Mr. TILLIS. Mr. President, I further frontlines of renewed Russian aggression and recent United States milestones in this area ask unanimous consent that the reso- hybrid warfare, including disinformation through the partnership of allies, including lution be agreed to, the preamble be campaigns, cyber threats, and snap military Romania and Poland; agreed to, and the motions to recon- exercises along the Alliance’s eastern flank; (6) recognizes Georgia’s troop contribu- sider be considered made and laid upon Whereas President Barack Obama proposed tions to missions abroad, its robust defense the table with no intervening action or a quadrupling of the European Reassurance spending, and its ongoing efforts to strength- Initiative in fiscal year 2017 to $3,400,000,000 debate. en its democratic and military institutions in order to enhance the United States com- The PRESIDING OFFICER. Without for NATO accession; and mitment to NATO, to support Europe’s de- objection, it is so ordered. (7) recognizes the ongoing work of NATO’s fense, and to deter further Russian aggres- The resolution (S. Res. 482) was sion; Resolute Support Mission in Afghanistan, agreed to. Whereas the cornerstone of NATO’s collec- with 12,000 troops advising and assisting Af- The preamble was agreed to. tive defense initiative is the Readiness Ac- ghanistan’s security ministries, and army (The resolution, with its preamble, is and police commands across the country, tion Plan, intended to enable a continuous printed in the RECORD of June 6, 2016, and the significant commitment NATO allies NATO military presence on the Alliance’s under ‘‘Submitted Resolutions.’’) periphery, especially its easternmost states, and coalition partners have dedicated to Af- which includes enhanced troop rotations, ghanistan since 2001, including at least 1,134 f military exercises, and the establishment of troops from NATO allies and coalition part- RECOGNIZING THE 70TH ANNIVER- a Very High Readiness Task Force; ners of the United States who lost their lives SARY OF THE FULBRIGHT PRO- Whereas in follow-up to commitments in that conflict. GRAM made at the NATO Wales Summit, NATO and the Government of Georgia agreed on a Mr. TILLIS. Mr. President, I ask ‘‘Substantial Package’’ of cooperation and unanimous consent that the Senate

VerDate Sep 11 2014 06:21 Jul 07, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A06JY6.050 S06JYPT1 smartinez on DSK3GLQ082PROD with SENATE S4838 CONGRESSIONAL RECORD — SENATE July 6, 2016 proceed to the consideration of Cal- (The resolution, with its preamble, is The PRESIDING OFFICER. Is there endar No. 540, S. Res. 504. printed in the RECORD of June 21, 2016, objection? The PRESIDING OFFICER. The under ‘‘Submitted Resolutions.’’) Without objection, it is so ordered. clerk will report the resolution by f title. f ADJOURNMENT UNTIL 9:30 A.M. The legislative clerk read as follows: ORDERS FOR THURSDAY, JULY 7, TOMORROW 2016 A resolution (S. Res. 504) recognizing the Mr. TILLIS. Mr. President, if there is 70th anniversary of the Fulbright Program. Mr. TILLIS. Mr. President, I ask no further business to come before the There being no objection, the Senate unanimous consent that when the Sen- Senate, I ask unanimous consent that proceeded to consider the resolution. ate completes its business today, it ad- it stand adjourned under the previous Mr. TILLIS. Mr. President, I ask journ until 9:30 a.m., Thursday, July 7; order. unanimous consent that the resolution that following the prayer and pledge, There being no objection, the Senate, be agreed to, the preamble be agreed the morning hour be deemed expired, at 8:01 p.m., adjourned until Thursday, to, and the motions to reconsider be the Journal of proceedings be approved July 7, 2016, at 9:30 a.m. to date, and the time for the two lead- considered made and laid upon the f table with no intervening action or de- ers be reserved for their use later in bate. the day; further, that following leader CONFIRMATION remarks, the Senate resume consider- The PRESIDING OFFICER. Without Executive nomination confirmed by ation of the House message to accom- objection, it is so ordered. the Senate July 6, 2016: pany S. 764; finally, that all time dur- The resolution (S. Res. 504) was ing morning business, recess, or ad- THE JUDICIARY agreed to. journment of the Senate count BRIAN R. MARTINOTTI, OF NEW JERSEY, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF NEW The preamble was agreed to. postcloture on the motion to concur. JERSEY.

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