<<

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

Vol. 163 WASHINGTON, TUESDAY, JANUARY 24, 2017 No. 13 Senate The Senate met at 10:45 a.m. and was appoint the Honorable BEN SASSE, a Senator hear from the leader of one of our clos- called to order by the Honorable BEN from the State of Nebraska, to perform the est allies and partners. We appreciate SASSE, a Senator from the State of Ne- duties of the Chair. her willingness to join us, and we wel- braska. ORRIN G. HATCH, come the opportunity to discuss the President pro tempore. f ways in which we can continue to Mr. SASSE thereupon assumed the strengthen our Nations’ close relation- PRAYER Chair as Acting President pro tempore. ship and pursue shared interests in the The Chaplain, Dr. Barry C. Black, of- f years ahead. fered the following prayer: Mr. President, I suggest the absence Let us pray. RECOGNITION OF THE MAJORITY LEADER of a quorum. Beautiful Savior, You have been our The ACTING PRESIDENT pro tem- dwelling place in all generations, sus- The ACTING PRESIDENT pro tem- pore. The clerk will call the roll. pore. The majority leader is recog- taining us with Your steadfast love. The senior assistant legislative clerk nized. Today, surround our Senators with proceeded to call the roll. the shield of Your divine favor, ena- f Mr. SCHUMER. Mr. President, I ask bling them to obey Your command to unanimous consent that the order for be fruitful and productive. Teach them DIALOGUE WITH THE PRESIDENT the quorum call be rescinded. to obey Your precepts, doing Your good Mr. MCCONNELL. Mr. President, yes- will, as they find joy in Your presence. terday, leaders from both parties had The ACTING PRESIDENT pro tem- Lord, keep them from doing those an opportunity to meet with President pore. Without objection, it is so or- dered. things that could bring them regret, Trump and Vice President PENCE at remorse, and shame. Renew their the White House. We appreciate their strength as You give them the courage time and look forward to more con- f to carry on in these challenging days. versations with them in the days to Guard them from error, save them come, including later today. RECOGNITION OF THE MINORITY from false judgments, and deliver them The President has invited the Demo- LEADER from evil. cratic leader, the chairman and rank- The ACTING PRESIDENT pro tem- We pray in Your Holy Name. Amen. ing member of the Judiciary Com- pore. The Democratic leader is recog- f mittee, and me to the White House this nized. afternoon to meet with him regarding PLEDGE OF ALLEGIANCE the Supreme Court vacancy as part of f The Presiding Officer led the Pledge his ongoing consultations with Mem- of Allegiance, as follows: bers of the Senate. I appreciate the I pledge allegiance to the Flag of the President soliciting our advice on this CAMPAIGN PROMISES OF United States of America, and to the Repub- important matter. PRESIDENT TRUMP lic for which it stands, one nation under God, Later this week, Republicans in both Mr. SCHUMER. Mr. President, ac- indivisible, with liberty and justice for all. the Senate and House will have an- cording to President Trump’s words, f other opportunity to engage with the yesterday—not Friday—was his first APPOINTMENT OF ACTING President as we gather for our issues official day in office. It is an important PRESIDENT PRO TEMPORE conference in Philadelphia. I know we distinction because throughout the The PRESIDING OFFICER. The are all eager to continue the dialogue campaign, President Trump made nu- clerk will please read a communication about moving our legislative agenda, merous promises about what he would to the Senate from the President pro including priorities like bringing relief do on his first day. So we went through from the consequences of ObamaCare, them. Turns out he made upwards of 30 tempore (Mr. HATCH). The senior assistant legislative clerk confirming the President’s nominees, promises of Executive actions or plans read the following letter: enacting tax reform, easing the regu- that he would announce on day 1. This latory burden on our economy, and didn’t require any congressional ap- U.S. SENATE, other key issues. proval; he could just announce it. Even PRESIDENT PRO TEMPORE, Washington, DC, January 24, 2017. We are also looking forward to hear- by a generous count, the President ful- To the Senate: ing from another special guest, British filled only two or three of them. Let Under the provisions of rule I, paragraph 3, Prime Minister Theresa May. Her visit me mention just a few of the important of the Standing Rules of the Senate, I hereby will provide Members the chance to omissions.

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

S407

.

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.000 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S408 CONGRESSIONAL RECORD — SENATE January 24, 2017 The President campaigned against Last night at the White House, I their real reason is. Here is the real both establishments, promising to op- mentioned this to the President. He reason: Betsy DeVos has spent the last pose elites and the powerful in Wash- didn’t say no. I am not going to say 30 years—actually more than 30 years— ington, ‘‘to drain the swamp.’’ He cam- what he said. He didn’t say no. Maybe being dedicated to helping low-income paigned against the Democratic estab- he will do it. I hope and pray he does. children in America have more of the lishment, but he also campaigned We await real action on trade, one of same choices of schools that wealthy against the Republican establishment. the President’s signature issues. It is Americans already have. As a result, he explicitly promised to another promise not fulfilled. Specifically, the Democrats object to introduce an 18-point plan for ethics re- There are many promises President the fact that Betsy DeVos supports the form on day 1. How did he do on that? Trump made during the campaign that idea of tax dollars following low-in- He promised to sign a 5-year ban on we are glad he is not keeping, to be come children to the school that their lobbying after officials worked in Con- honest with you, but the bottom line parents may choose—public, private, or gress or the White House, but he did is, there is a giant gulf between what religious. This is not a new or subver- not deliver. He promised to institute a the President says he is going to do sive idea. Let us go back to 1944, the GI lifetime ban on White House officials and what he actually does. His rhetoric bill for veterans. The Congress enacted from lobbying on behalf of a foreign does not match reality. That is becom- probably the most successful piece of government, but he did not deliver. He ing clearer each day. Just look at what social legislation ever enacted when it promised to put in place a complete happened on Friday, inauguration day, passed the GI bill for veterans. As a re- ban on foreign lobbyists raising money which perfectly sums up my point. The sult, veterans came home from World for American elections, but again he President gave an inaugural address ar- War II and Federal tax dollars followed did not deliver. guing that for too long Washington has them to the accredited college or uni- On day 1, did President Trump fulfill reaped the rewards of government, versity of their choice. his pledge to bring ethics reform to while the people have suffered. Then, They could go to Notre Dame. They Washington? No. In fact, looking at his an hour later, the President took an could go the University of Arizona. ‘‘swamp Cabinet’’—stacked with bil- Executive action that made it harder They could go to Nashville Auto Diesel lionaires and bankers with myriad con- for Americans to afford a mortgage, College, the University of . It flicts of interests—he may have al- even though Washington could cer- did not matter. It was their choice. ready lowered the ethical standards in tainly have afforded to give them a tax That is when Americans experience our government. break. We are seeing a pattern emerge. with education vouchers began. I have On trade—this is an issue where I am President Trump is using populist rhet- always wondered, why would an idea probably closer to the views of the oric to cover up a hard-right agenda. that helped to create the ‘‘greatest President’s than I was to either Presi- In short, actions speak louder than generation’’—which is what we call the dent Obama’s or President Bush’s, but words. If day 1 is any indication, the World War II generation—that helped it seems President Trump is again fail- grandiose promises this President to create the best colleges and univer- ing to deliver on his day 1 promises. He made to the working men and women sities in the world, why would that be promised over and over again—it was of America seem to be just a hall of such a dangerous idea to use for our one of the few things he said in the mirrors. schools? campaign I really liked. He said he was I yield the floor. The idea of education vouchers fol- going to label a currency manip- Mr. President, I suggest the absence lowing students to the college of their ulator on his first day. But he did not of a quorum. choice has been continued in higher deliver. Instead, he issued an Executive The ACTING PRESIDENT pro tem- education. Pell grants—we spend about action withdrawing from the TPP. pore. The clerk will call the roll. $30 billion in Pell grants every year, up Everyone knew the TPP was dead in The senior assistant legislative clerk to $6,000, that follow lower income stu- the water a month or two ago. Leader proceeded to call the roll. dents to the community college or col- MCCONNELL would not bring it up on Mr. ALEXANDER. Mr. President, I lege of their choice. Those are edu- the floor of the Senate because he did ask unanimous consent that the order cation vouchers. not have the votes. Furthermore, say- for the quorum call be rescinded. We have almost $100 billion of new ing we won’t do TPP, which is not in The PRESIDING OFFICER (Mr. student loans every year. How do we effect anyway, isn’t creating a single FLAKE). Without objection, it is so or- spend that money? We allow that new job. dered. money to follow the college students to So there is something else he could the college of their choice. Those are have done—his promise: On day 1, label f education vouchers. Starting with the China a currency manipulator. China is RESERVATION OF LEADER TIME GI bill for veterans, all the way propping up their currency at the mo- through Pell grants, all the way The PRESIDING OFFICER. Under ment. They do whatever is best for through student loans, we all endorse the previous order, the leadership time China even if it hurts American jobs those ideas, saying it creates great op- is reserved. and American workers over and over portunity for children. It has been so again. You can be sure they will con- f successful. I have not heard any Sen- tinue manipulating their currency MORNING BUSINESS ator in this body stand up and say: when it is in their best interest to do Well, let’s cancel the Pell grants be- so. You can be sure, even when they The PRESIDING OFFICER. Under cause it is tax money following stu- move up the currency, they are manip- the previous order, the Senate will be dents to a college. Let’s cancel $100 bil- ulating it. in a period of morning business, with lion in student loans this year because Guess who I worked with on the issue Senators permitted to speak therein it means tax dollars following someone of currency manipulation. Attorney for up to 10 minutes each, with Senator to Harvard or to Notre Dame or to Ye- General nominee, then-Senator JEFF ALEXANDER to be recognized for up to shiva. SESSIONS. He and I were partners in 15 minutes, followed by 30 minutes con- No one is going to say that. Then this, and many others. On our side, trolled by the Democrats. why do they get so exercised about Senator BROWN and Senator STABENOW The Senator from Tennessee. that when it has to do with our were allies. On their side, Senator GRA- f schools? In addition to that, Mrs. HAM and Senator COLLINS were allies. DeVos has testified before our com- It was a broad bipartisan coalition. NOMINATION OF BETSY DEVOS mittee that she does not favor—as And we were opposed, frankly, by both Mr. ALEXANDER. Mr. President, much as she supports the idea of giving President Bush and President Obama. Democratic Senators are searching for parents choices with schools—she does But here we have President Trump. He a valid reason to oppose the President’s not favor Washington, DC, telling Ari- promised to label China a currency ma- nomination of Betsy DeVos to be U.S. zona or Tennessee or any other State nipulator on his first day in office. We Education Secretary because they real- that they must do that, even though are still waiting. ly don’t want Americans to know what her critics, those who are opposing her

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.002 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S409 now, delight in the idea of a national including both of President Obama’s a lot of money. Mrs. DeVos agreed to school board and in imposing their pet Education Secretaries, Arne Duncan sell all 102 of those assets. According to ideas on States, such as the common and John King. John King was founder the letter of agreement between the Of- core academic standards. of a charter school system in Massa- fice of Government Ethics and the Fortunately, we agreed in December chusetts. Forty-three States have au- independent ethics officer in the Edu- of 2015 to prohibit that, but here we thorized charter schools. That is where cation Department, who is already in have a lady who has spent her time the 6,800 charter schools are; 2.9 mil- the Department, Mrs. DeVos is not, helping low-income children have more lion people go to those charter schools. after she divests herself of those items, choices of schools. It was said, I respect That is more than 6 percent of all the which she has 90 days to do—she has no your right to make that decision for children in public schools in America. I conflicts of interest. yourself. I don’t believe Washington would ask the question again: Who is She has also filled out the same fi- should tell you to do that. Yes, they in the mainstream? the last five Presi- nancial disclosure forms that are fun- are really upset with her. dents, the last six Education Secre- damentally like the ones we Senators So I would ask: Who is in the main- taries, 43 States, the Senate, Betsy fill out. People know where we get our stream—the GI bill for veterans; Pell DeVos or her critics—or her critics? money. They know what we own. They grants, $30 billion worth; $100 billion of Now, the third reason her critics know what we owe. We know that student loans this year; President don’t like her is because she is about her. George H.W. Bush; President George W. wealthy. No question about that. All of We also know that the independent Bush; the 25 States that have State her information is public for everybody Office of Government Ethics has said choice programs; Congress, with its to see. She has agreed to divest herself she will have no conflicts and that she passage of the Washington, DC, vouch- of 102 investments that the Office of has agreed to that. er program, which has 1,000 students Government Ethics has identified as We also know that she supports giv- standing in line hoping to get a chance possibly causing a conflict of interest. ing low-income children more choice of to go to a better school; 45 Senators When those are gone, she has no con- schools, which more Americans sup- who voted on this floor in 2015 for the flicts of interest. Her investments are port; 73 percent of the American people Scholarships for Kids legislation I pro- public. told a Luntz public opinion survey that posed that would allow States to take They don’t like the fact that she has they supported more choices of schools. $24 billion in Federal dollars, turn money. Would they have been happier And then tax returns—some have them into $2,100 scholarships and let if she had spent the last 30 years trying mentioned tax returns. Well, Federal them follow the children, the low-in- to deny low-income children an oppor- law doesn’t require Cabinet nominees come children, to the school the State tunity to go to a better school? No. She to produce tax returns. Our Education believes they should go to; or Betsy has spent her money and her time try- Committee does not require nominees DeVos—that is all on one side—or her ing to help children from low-income to produce tax returns. U.S. Senators critics? I think Betsy DeVos is in the families go to a better school. Her op- aren’t required to produce tax returns, mainstream. ponents are really grasping for straws, and why? Because we fill out extensive The second reason the Democrats on and I am very disappointed in them. financial disclosure forms so that the the committee are opposing Betsy ‘‘We did not have time to question public knows what we own, what we DeVos is because she supports charter her,’’ they said at our committee hear- owe, and they can make an evaluation schools. Now, I know a little bit about ings. Well, let’s go over the facts. No. 1, about that. They also know whether we charter schools. My last month as U.S. she visited everyone in their offices in- have a conflict of interest, in the case Education Secretary, in January 1993, I dividually, so they had a chance to ask of the Cabinet members, because the wrote a letter to every school super- her questions then. Then she appeared independent Office of Government Eth- intendent in America and said: Why at a hearing for questions for about 31⁄2 ics decides that, and they know that don’t you try this new idea that the hours or nearly 90 minutes more than we have paid our taxes because we have Minnesota Democratic Farmer-Labor either of President Obama’s Education to declare that under oath, and there is Party has invented called charter Secretaries. an FBI investigation on top of that, schools. Now we have followup questions com- which Mrs. DeVos, like every other There were only 12 charter schools ing from the Democratic Senators. Let Cabinet nominee, has gone through. then. The first President Bush, with me tell you what they are doing. They One year ago, the Office of Education my help, had been working for 2 years have asked her 1,397 followup questions Secretary was vacant. I talked to to create what we called New American after the hearing. Remember, this is a President Obama about it, and I said: I Schools, start-from-scratch schools, hearing where she spent more time don’t think it is appropriate for that the idea of giving teachers more free- than either of President Obama’s Sec- office to be vacant. We need the insti- dom, parents more choices. retaries answering questions, after she tutional responsibility of having a con- That seemed to us like a good idea in had been to be their offices answering firmed U.S. Education Secretary re- a country that values opportunity and questions. sponsive to the Senate. competition. Well, not only did we By comparison, Republicans asked And I said: Mr. President, if you ap- think so, over the last 30 years or so, a President Obama’s first Secretary 53 point someone—and I knew very well lot of people have thought so. Today, followup questions, his second Sec- that he intended to appoint John King, there are 6,800 public charter schools in retary 56 followup questions. The with whom I greatly disagree on the America. These are public schools. Democrats have asked 1,397 followup scope of Federal education policy—I These are schools that have fewer questions. I think what they are doing said: I will make sure that he has a union rules and fewer government rules says more about them then it does prompt hearing in our committee, and so teachers have more freedom to teach about her. In other words, they have I will make sure that he is confirmed and parents have more freedom to asked 25 times as many followup ques- on the floor of the Senate. choose the school that is appropriate tions of Ms. DeVos as Republicans President Obama appointed John for their child. asked of either of President Obama’s King. He had a prompt hearing, and he Boy, that is really a subversive idea. Education Secretaries. was confirmed within 3 weeks. As I Oh, no, it is not subversive because the Finally, they are throwing around said, Republicans asked him 56 ques- last six Presidents of the United States conflict-of-interest accusations. As I tions, compared with the nearly 1,400 have supported charter schools, not just mentioned—let me mention it questions the Democrats are asking just the Presidents Bush but also the again. Last week, Mrs. DeVos signed an Mrs. DeVos. last four Presidents of the United agreement with the Independent Office So I ask the American people to com- States—Presidents Bush and President of Government Ethics. The job of that pare this just for a minute. Look at the Obama and President Clinton and now office is to review the financial hold- reasons they really don’t want to con- President Trump. That is five. ings of any Cabinet nominee and iden- firm Betsy DeVos. No. 1, she spent 30 The last six U.S. Secretaries of Edu- tify any conflicts of interest. They years trying to help low-income chil- cation have supported charter schools, identified 102 because the DeVos’s have dren attend a better school. No. 2, she

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.004 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S410 CONGRESSIONAL RECORD — SENATE January 24, 2017 supports public charter schools. No. 3, bers received the same information that she en’s health. But before I do, I want to she spent her money helping low-in- submitted to the Office of Government Eth- address an issue that my colleague, the come children have a better school, in- ics on December 12, 2016, about all of her fi- Senator from Tennessee, just talked nancial holdings. stead of denying them a better school. Many of the 837 written follow-up ques- about: President Trump’s nominee for And No. 4, she has disclosed everything tions have to do with this financial informa- Secretary of Education, Betsy DeVos. there is to disclose, and she has di- tion that has been before the committee This is a nominee the Democrats vested herself of every conflict that the members since January 4, two weeks before have significant numbers of concerns independent Office of Government Eth- her nomination hearing. about. In her hearing, where Repub- ics has said there is. In addition, I re- Last Thursday, January 19, Mrs. DeVos licans blocked us from asking ques- and the independent Office of Government scheduled a mark-up this week until tions in an unprecedented and dis- Ethics agreed that within 90 days of her con- appointing way, Mrs. DeVos gave what next Tuesday so that members of the firmation, she would divest herself of 102 committee would have a chance to re- holdings ‘‘to avoid conflicts of interest.’’ has been widely seen as ill-informed, view all of this information. When she completes this, according to the confused, and concerning responses to Next Tuesday, we will vote on wheth- letter from the Office of Government Eth- serious and reasonable questions. She er to approve Betsy DeVos’s nomina- ics—done in consultation with the depart- refused to rule out slashing invest- tion to the Office of the Secretary of ment’s own Ethics Division—she will be ‘‘in ments in or privatizing our public Education, and we will send that to the compliance with applicable laws and regula- schools. She was confused that Federal tions governing conflicts of interest.’’ law provides protections for students floor of the full Senate. I am confident I delayed the committee vote which was we will do that, and I am confident the scheduled for tomorrow, Tuesday, January with disabilities. She actually argued Senate will approve her. 24, for one week to allow committee mem- that guns needed to be allowed in our Even though they may disagree with bers to review all of this information before schools across the country to ‘‘protect her, Democrats should give the new they cast a vote next Tuesday, January 31, from grizzlies.’’ And even though she President a chance to have his own at 10:00 a.m. on whether or not to rec- was willing to say that President ommend Mrs. DeVos to the full Senate. Trump’s behavior toward women Education Secretary, just as we did— One year ago, because I believed presidents just as we Republicans did for Presi- should be considered sexual assault, should have their Cabinet members in place she would not commit to actually en- dent Obama. in order to govern, I worked to confirm Few Americans have done as much as promptly President Obama’s nomination of forcing Federal laws protecting women Betsy DeVos has to help low-income John King to be education secretary, even and girls in our schools. So that nomi- children have a choice of a better though I disagreed with him. Even though nee is absolutely not ‘‘in the main- school. The Democrats’ opposition to you may disagree with Betsy DeVos, I would stream.’’ She is far from it. respectfully ask you to confirm her. Few When it comes to policy, many of us her says more about them than it does Americans have done more to help children have serious concerns about whether about her. of low-income families have a choice of bet- she would stand with students and par- Mr. President, I ask unanimous con- ter schools. ents who care about strong public edu- sent to have printed in the RECORD a Sincerely, cation for all or with President Trump letter which I have written to my dis- , and other millionaires and billionaires tinguished ranking member, Senator Chairman, Senate like them. And that does not even MURRAY, declining to have a second Committee on touch on the serious questions that re- hearing on Mrs. DeVos. Health, Education, Labor, and Pen- main regarding her ethics paperwork, There being no objection, the mate- sions. her tangled finances, and her potential rial was ordered to be printed in the Mr. ALEXANDER. I will point out conflicts of interest—questions that RECORD, as follows: again that I see no reason I should Democrats have continued to demand JANUARY 23, 2017. treat a Republican President’s nominee answers to. Hon. , so differently than a Democratic Presi- After her first hearing, Mrs. DeVos Russell Senate Office Building, announced that she would have to di- Washington, DC. dent’s nominee would be treated. vest 102 separate assets, many of them DEAR SENATOR MURRAY: Thank you for Betsy DeVos has visited every office your letter today requesting a second hear- of the Democratic Senators. She has investments in education companies ing for Betsy DeVos. testified for up to 90 minutes longer that Democrats were unable to ask her I have carefully considered the request and than either of President Obama’s Sec- about. So Democrats have requested decided not to schedule a second hearing, retaries. She is answering nearly 1,400 another hearing to get information on and here is why: Already Mrs. DeVos has follow-up questions when each of those those issues and to do our job scruti- spent considerably more time answering Secretaries under President Obama an- nizing this nominee. I am hopeful that questions of committee members than either swered 53 and 56. my colleague, the Senator from Ten- of President Obama’s education secretaries, nessee, does allow that to happen be- and I do not know why our committee should The reasons for opposing her are rea- treat a Republican nominee so differently sons that are not valid. I mean, how cause here in the Senate, we owe it to than the nominee of a Democratic president. can you turn down a woman for U.S. our constituents to scrutinize these First, she has met with each committee Secretary when she spent 30 years of nominees. That is our job. It is not our member in his or her office for the purpose of her life trying to help low-income chil- job to protect them from tough ques- answering questions. dren find a better school? tions; it is our job to ask them tough Then, her confirmation hearing lasted We have had our hearing. She will questions. nearly an hour and a half longer than those answer the questions. Next Tuesday we While I suspect that my colleague, for either of President Obama’s nominees for will have a vote. She will be sent to the the Senator from Tennessee, supports education secretary. Mrs. DeVos and I respect that he is the Now she is answering 837 written follow-up Senate, and hopefully the Senate will questions from Democratic committee mem- confirm her. I look forward to working chairman of the committee, I am hope- bers—1,397 if you include all the questions with her as U.S. Secretary. ful that he does not simply jam this within a question. By comparison, Repub- Mr. President, I yield the floor. nominee through without allowing us licans asked President Obama’s first edu- Mr. President, I suggest the absence to do our job. cation secretary 53 written follow-up ques- of a quorum. f tions and his second education secretary 56 The PRESIDING OFFICER. The WOMEN’S RIGHTS AND THEIR written follow-up questions, including ques- clerk will call the roll. tions within a question. In other words, The legislative clerk proceeded to ACCESS TO HEALTH CARE Democrats have asked Mrs. DeVos 25 times call the roll. Mrs. MURRAY. Mr. President, hav- as many follow-up questions as Republicans Mrs. MURRAY. Mr. President, I ask ing said that, I am on the floor today asked of either of President Obama’s edu- with a number of my colleagues who cation secretaries. unanimous consent that the order for On January 4, two weeks before her nomi- the quorum call be rescinded. will be joining me throughout the time nation hearing on January 17, committee The PRESIDING OFFICER. Without here today in the Senate to stand up members received Mrs. DeVos’ completed fi- objection, it is so ordered. and to be a voice for women. nancial disclosure and committee question- Mrs. MURRAY. Mr. President, I came I was so proud to march this weekend naire. Also on January 4, committee mem- to the floor today to talk about wom- with millions of women and men in a

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.005 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S411 clear rejection of the hate and division Mr. BLUMENTHAL. Mr. President, I least claiming to seek, to advance that President Trump campaigned on ask unanimous consent that the order women’s health care. In fact, many of and in strong support of every woman’s for the quorum call be rescinded. those restrictions are a ruse. They are rights. The PRESIDING OFFICER. Without enacted in the name of health care but This past weekend, we also recog- objection, it is so ordered. are a disguise for restrictions on health nized the anniversary of the historic f care. They have left many women, par- ruling in Roe v. Wade, a decision that ticularly in rural and underserved loca- has empowered women and expanded 44TH ANNIVERSARY OF ROE V. tions, with little access to health care, economic opportunity and security for WADE including basic care such as cancer families for more than four decades. Mr. BLUMENTHAL. Mr. President, screening, STD testing, and preventive I have heard story after story from this past Sunday we celebrated the health care. Clearly, improving wom- Washington State and across the coun- 44th anniversary of the Supreme Court en’s health care has failed to be the try about what Roe v. Wade means for decision in Roe v. Wade, a ruling that focus of State legislatures in these in- women. It means being able to plan assured every woman of her constitu- stances, as they have actively worked your family, to be able to pursue your tional right to make her own decision to restrict access to care and chip away dreams and give back to your commu- about whether and when to have a at the constitutional protections pro- nity. But perhaps most importantly, child. That fundamental constitutional vided in Roe v. Wade. the decision in Roe v. Wade sent a clear right is the right to privacy, which all I joined with Senator MURRAY in message that access to —a women should cherish and protect. leading a total of 163 Members of the woman’s right to make the most per- This weekend, in fact, many of us in House and Senate in filing an amicus sonal of all decisions herself—is funda- Washington, DC, and around the coun- brief in the case of Whole Woman’s mental to her freedom and her ability try marched in the streets of our home Health v. Hellerstedt. Last summer, to chart her own path. States—or here, as I did—in support of the Supreme Court overturned the re- Now we have already seen extreme these ideals and values, including the striction at issue in that case, reit- politicians in State after State do ev- right to privacy, other civil rights and erating and clarifying the ‘‘undue bur- erything they can to undermine access liberties, economic opportunity, and den’’ standard in Roe and debunking to abortion. But, today, the constitu- women’s access to health care, which the lie that anti-choice extremists tionally protected rights these women truly make America great. have been pushing for years—that have had now for 44 years are, unfortu- Fundamental to the principle of medically unnecessary, onerous re- nately, more at risk than ever as a re- women’s access to health care is the strictions on clinics and clinicians that sult of President Trump’s extreme and Roe v. Wade decision that reaffirms the provide women do not make deeply harmful agenda. constitutional right to reproductive de- women safer. In fact, they simply con- He has promised to pick Supreme cisions made by women individually on strain access. Court nominees whose beliefs about their own in consultation with their I am hopeful that this decision will women’s reproductive rights simply health care providers, their families, help stem and stop the assault on wom- could not be more backwards or dam- their clergy. I was a clerk for Justice en’s health care taking place in so aging. Unfortunately, in what looks Blackmun in the term after Roe v. many States and communities around like a sign of things to come, the Presi- Wade was decided, and I can tell you the country. So I am joining with my dent yesterday signed an Executive that we all believed then very strongly colleague, Senator MURRAY, who was order limiting access to safe abortion that that Supreme Court decision here just minutes ago—a wonderful and other family planning services on would put to rest the question of legal champion of this cause—as well as Sen- women worldwide by reinstituting the access to abortion in this great coun- ator SHAHEEN, whom I believe will be global gag rule. try. speaking later today on Roe v. Wade’s I want to be very clear. If the Presi- In fact, it did not. Despite 7 in 10 anniversary, in pushing back on this dent continues down this path, women Americans opposing the potential over- policy by introducing legislation to will be hurt. Their lives will be put at turning of Roe v. Wade according to a permanently repeal the global gag rule risk, and the same goes for women recent survey by Pew Research Center, that the Trump administration, as one around the world. So I am very con- the outliers and extremists still seek of its first acts, has announced, which cerned, and I am angry. to eliminate the right to legal abor- will reverse much of the progress that But if Saturday’s march proved any- President Obama made in relation to thing, it proved that women and men tion. That broad public support was embodied in the spirit and dedication international family planning. This across this country are more motivated legislation will seek to move that than ever, and, frankly, so am I. shown over this past weekend by pro- testers across the world, and I was re- progress forward again and forestall Now, I can understand why President the effort to roll back that process and Trump may not have wanted to hear minded yet again that we must con- tinue to fight for what we believe, par- turn back the clock. I will oppose any from the hundreds of thousands of and all efforts by the Trump adminis- ticularly in light of the ongoing marchers who completely filled the Na- tration to move our country back- threats to and attacks on women’s tional Mall on Saturday or the millions wards, including yesterday’s reversion more who marched nationwide in every health care. Efforts to undermine these rights to the global gag rule. State—coast to coast—and on every This 44th anniversary of Roe v. Wade have redoubled in recent years, and continent. But if he didn’t get the mes- should be a reminder about the impor- throughout the past decade we have sage, this is just the beginning. tance of fighting for the right of pri- The millions of women and people seen unprecedented attacks through vacy, the right to live life free of gov- who care about women’s rights and State efforts to chip away at that vi- ernmental interference, and, as one of their access to health care are going to tally protected constitutional right. our Supreme Court Justices said, the keep standing up, and we in the Senate From 2011 to 2016, there were 334 re- right to be let alone—in effect, let are going to continue to stand with strictions enacted by States that would alone from government interference. them and fight back every step of the cut back on Roe v. Wade rights, ac- It is a right that I have fought for way and do everything in our power to counting for 30 percent of all abortion and that so many others have fought make sure that our country does not go restrictions since the U.S. Supreme for throughout my career and through- backwards. It will not be easy, but I Court decided that case. out my time as a Senator and the at- know we can do it if we keep marching The force dedicated to enacting these torney general of Connecticut. It is a together. restrictions, which are designed to un- right we should all continue to keep at Thank you. I yield the floor. dermine the right to reproductive the forefront of our work here in the I suggest the absence of a quorum. health care, can be particularly dis- Senate and for all of us in this country. The PRESIDING OFFICER. The heartening as they disregard the health Thank you. I yield the floor. clerk will call the roll. needs of the most vulnerable popu- I suggest the absence of a quorum. The legislative clerk proceeded to lation of the women who are most The PRESIDING OFFICER. The call the roll. often impacted, by also seeking, or at clerk will call the roll.

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.006 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S412 CONGRESSIONAL RECORD — SENATE January 24, 2017 The legislative clerk proceeded to good at making names that sound ure this out; we know what we need— call the roll. good, but the Patient Freedom Act lowers cost gives patients and families Mrs. CAPITO. Mr. President, I ask lives up to its name. more control—because, together, we unanimous consent that the order for The Patient Freedom Act of 2017 re- can achieve a health care system that the quorum call be rescinded. moves ObamaCare’s most burdensome works for everybody. The PRESIDING OFFICER. Without regulations. It provides our States, Mr. President, I yield the floor. objection, it is so ordered. which are closest to the people who are The PRESIDING OFFICER. The as- f accessing health care, the opportunity sistant Democratic leader. and funding to ensure that those cur- f PATIENT FREEDOM ACT rently covered by Medicaid expansion Mrs. CAPITO. Mr. President, I rise are protected and retain their health REPEALING THE AFFORDABLE today to talk about an issue that is im- coverage. It returns authority to the CARE ACT portant to all of us. States and provides more health care Mr. DURBIN. Mr. President, I was We are, obviously, a nation in transi- choices and better insurance options to listening carefully to the comments tion. Recently, the Senate took the individuals and families. It keeps im- made by my colleague from West Vir- first steps to repeal ObamaCare and portant consumer protections, such as ginia. I thank her for coming to the begin a transition toward policies that coverage for preexisting conditions, floor and expressing her feelings about will ensure continued access to health and extends coverage to children and the . It is truly an care with more affordability and flexi- dependents until the age of 26—both article of political faith on the Repub- bility for all. We need a stable transi- very popular parts of the ACA. It pro- lican side that we must repeal tion that will empower Americans to tects the Federal black lung benefits ObamaCare. We have heard that for 6 make the best health care decisions for program, which is especially important years, maybe longer, and each and their families. in my State of West Virginia and the every time, Democrats have asked: And In my home State of West Virginia, surrounding areas. then what? ObamaCare has been very difficult for In addition to all of those important We have asked Republicans: What many. It has meant skyrocketing pre- changes, it gives States a pathway for- would you replace ObamaCare with? miums and skyrocketing copays and ward for replacing ObamaCare. Specifi- Until some of the most recent mo- deductibles for families and small busi- cally, following repeal, which we know ments, there was never an answer. Now nesses. It has meant little, if any, we are going to do, States will have they are starting to put at least some choice of insurers. As a matter of fact, three options. First, a State, if it so ideas forward, but repealing for the first several years, we had no chooses, could choose to reinstate ObamaCare and then talking about the choice. We now have two insurers in ObamaCare, or a State could go with- possibility of replacement is a disaster. several counties, but in the beginning, out Federal assistance and opt to not It is an invitation to uncertainty and the entire State had no choice. receive any Federal funding for tax chaos. We might expect that from a It has meant fewer choices of doctors credits or Medicaid expansion. Finally, Democratic Senator who voted for the and hospitals, as networks shrink and a State could choose an innovative re- Affordable Care Act, but what I ask my plans become more restrictive. Now we placement plan where the State deter- colleagues in the Senate to do is, must repair what can be fixed, scrap mines its own insurance regulations. In please go home. Please go back to your what is not working, and create a bet- this scenario, the State would be eligi- States. Do as I did yesterday. I called ter health care reality for all Ameri- ble for 95 percent of the funds it would together the administrators of hos- cans. receive under ObamaCare, and the pitals in Central Illinois, smalltown I have spoken with small business Medicaid expansion would be fully rural hospitals and larger hospitals owners who have absorbed the cost of funded. For a State like West Virginia such as Memorial Medical Center in increased insurance, but their employ- that has already expanded Medicaid, my hometown of Springfield. I asked ees are getting less coverage. I have the State could either keep its Med- them, in a nonpressurized setting: spoken to families who may have icaid expansion as is, or they could What would you do? What is wrong health insurance, but due to the high convert it to subsidies to help individ- with the Affordable Care Act? How deductibles and copays, they don’t use uals purchase the private insurance. would you change it? What would be it. They can’t afford to even go. I have Under this plan, individuals would the impact of repeal? also heard from those in my State who use a Roth Health Savings Account to I knew, and they did as well, that have real concerns about what this purchase health care. This would en- there had been some reports from the transition will mean to them. This is able uninsured individuals to purchase Congressional Budget Office. Just last especially true for those who receive health insurance that meets their spe- week, the nonpartisan Congressional coverage through Medicaid. cific needs. States would have the op- Budget Office told us exactly what re- My State is one of the States that tion to auto-enroll uninsured individ- peal without replace would look like: did an expanded Medicaid. For all of uals into a standard health care plan, 18 million Americans would lose health these West Virginians—and there are with individuals able to easily opt out insurance in 12 months, 32 million somewhere around 177,000 new folks if they didn’t want it. Auto enrollment within 10 years. According to the Con- who are on Medicaid—whether they are would ensure stability and soundness gressional Budget Office, if they went the Medicaid recipients or the business to our insurance markets. through with the Republican repeal owners and families who are currently The Patient Freedom Act is a smart, plan, premiums in the individual struggling, we need to have health in- innovative way forward and meets the health insurance market would in- surance that works for everybody. varied needs of people in my State of crease by 20 to 25 percent the first year So I want them to know—and many West Virginia and across the country. and double within 10 years. of them have called my office, and I The legislation reflects Senator CAS- Despite this, on his first day in of- have talked with them a lot in our SIDY’s experience as a physician, and I fice, President Trump signed an Execu- State—that I am listening to their con- thank him for his innovation—he has tive order that began to dismantle our cerns. As we move forward, I am work- worked with patients who are unin- health care system. We still haven’t ing to balance each of these needs and sured—and I appreciate his leadership seen the President’s secret replace- ensure access in West Virginia and so much, as I do Senator COLLINS in ment plan, even though he has repeat- across the Nation to affordable, quality particular and Senator ISAKSON as an- edly said he wants to replace the law at health care. other cosponsor. As other replacement the same time he repeals it, and we are To achieve this goal, I am joining plans are drafted and introduced in the going to be so proud of what he does. Senators CASSIDY, COLLINS, and ISAK- Senate, I will evaluate those proposals Let’s talk about what repeal without SON to introduce an alternative to to ensure they meet West Virginians’ replace means in Illinois, now that I ObamaCare which was introduced yes- health care needs. I am committed to have taken it home and asked the peo- terday. It is called the Patient Free- replacing ObamaCare with a system ple who are actually running the hos- dom Act. It sounds good. We are really that offers us more choice. We can fig- pitals. With repeal, 90,000 young people

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.007 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S413 in Illinois would be thrown off their We would be forced to cut spending by re- voting populous, representing a lot of parents’ health care plans. More than 7 ducing services, reducing staff, and delaying farmers and small businesses, and this million Illinoisans with health insur- investment in new technology and facility is their hospital administrator warning ance through their employer would improvements. . . . Losses of this magnitude the Republicans here in the Senate and with repeal of the [Affordable Care Act] cov- once again be subject to discriminatory erage simply cannot be sustained and would the House: Be careful what you do in health insurance practices, like dis- adversely impact patients’ access to care and eliminating the Affordable Care Act. crimination based on preexisting con- our hospitals’ and health systems’ ability to According to the Illinois Hospital As- ditions, annual and lifetime caps on continue to provide services. sociation, the 16th Congressional Dis- coverage, and discrimination against This is not the only hospital telling trict in Illinois stands to lose $453 mil- women. In my State, the Republican me in our State. I am from downstate lion under Republican repeal of repeal plan would have an impact Illinois, proud to represent Chicago, ObamaCare, and that means the loss of statewide because insurance plans but I have represented in the Congress 3,300 jobs. SwedishAmerican Hospital in statewide could once again decide not and in the Senate smalltown rural Belvidere, IL, in the northern part of to cover maternity or newborn care, America, communities where the hos- my State, provides health care to mental health, or substance abuse. pital makes a difference. If you don’t Belvidere, Boone, western McHenry, Those things are required under the Af- have a hospital nearby, you could be an and northern DeKalb Counties. When fordable Care Act. That would be re- hour’s drive—if you are lucky—from asked how the hospital has fared since moved with this repeal. quality medical care, not to mention the passage of the Affordable Care Act, In my State, more than 1 million the impact that hospital has on the the administrator of SwedishAmerican people would lose their health insur- local economy, keeping and attracting said the following: ance—in fact, 1.2 million, to be exact. new businesses. According to the Illinois Hospital Asso- According to the Illinois Hospital As- The passage of ACA has afforded our health system with significant benefit re- ciation, my State would lose $11 billion sociation, the 15th Congressional Dis- to $13 billion in annual economic activ- lated to [compensation] of patients with un- trict of Illinois stands to lose $470 mil- compensated care. . . . SwedishAmerican ex- ity with Republican repeal, translating lion under Republican repeal of the Af- perienced an average annual increase of $43 to a loss of up to 95,000 jobs. Let me fordable Care Act. That means 3,400 million in Medicaid payments, and a $10 mil- talk about those jobs in towns like jobs lost in that congressional district lion reduction in uncompensated care. TAYLORville and Pana, IL, near my in Central Illinois with repeal of af- When asked about the impact of the hometown of Springfield. Those are fordable care. We talk about good jobs Republican repeal of the Affordable good-paying jobs. Sometimes they are and creating them in this State. The Care Act, SwedishAmerican Hospital of the best paying jobs in the community. President goes and makes trips, as he Belvidere, IL, said the following: Those would be the jobs lost by the Re- should, to try to save American jobs. The impact would be significant . . . it publican repeal of ObamaCare. Yet the first congressional action by would create an unsustainable financial re- For years, we have been hitting back the Republican majority this year is to sult and we would be forced to make signifi- against misguided and misleading threaten 3,400 jobs in the 15th Congres- cant reductions in staff and curtail future claims about the Affordable Care Act. sional District. plans for capital expenditures. Who is hitting back now? Hospitals. Washington County Hospital in Nash- Yesterday, at my roundtable in And not just hospitals. Health care ville, IL, is a 22-bed critical access hos- Springfield, I asked some of these hos- providers across the board are pleading pital 50 miles from St. Louis. They pro- pital administrators: What is wrong with the Republicans: We know you vide acute care, surgical service, and with the Affordable Care Act? And they have some campaign promise you want gynecological services. When I asked told me. Let me add quickly, I be- to keep, but keep first your promise to them what Republican repeal of the Af- lieve—as they do—there are things the people you represent to provide fordable Care Act would mean to Wash- which need to be changed in that law. quality, affordable health care. ington County Hospital in my It is not perfect, by any means. They Senator TAMMY DUCKWORTH and I downstate area, they said the fol- talked about the cost of care, and they have sent letters to every single Illi- lowing: should. In some areas, premiums have nois hospital—over 200 of them—asking To eliminate [the ACA] would be detri- gone up too quickly, and the avail- about the impact of repealing the Af- mental to the thousands of people in our ability of insurance is not as it should fordable Care Act without enacting a county that were previously uninsured ei- be. replacement to prevent total chaos. ther because of part-time work or serious I have talked to the health insurance Just yesterday morning, I met with health problems. companies, including the big compa- these hospital administrators and I guarantee that [repealing the ACA] with- nies like Blue Cross Blue Shield. They heard firsthand. I met at Memorial out a strategic healthcare replacement plan, have told me specifically that the Medical Center in Springfield, IL, rep- will result in more downsizing and more staff reductions at Washington County Hospital. method of enrollment now under the resentatives from Hopedale Medical Our community cannot continue to lose Affordable Care Act leaves loopholes Center, Pana Community Hospital, these good paying jobs and I believe our for people to jump in and out of cov- Carlinville Area Hospital, and Warner county residents will continue to move to erage as they need it. You cannot run Hospital and Health Services. neighboring states with more favorable job a viable insurance risk pool if people Memorial Health System is a non- markets, better job security and stable bene- are only forced to sign up when they profit, community-owned health care fits. are facing a health care crisis. You organization. When I asked about the They ended their response with this have to have healthy people paying impact of repealing the Affordable Care warning: premiums to cover those who get sick Act, here is what they told me: ‘‘Re- I truly fear that many Illinois commu- and need to be compensated. peal without replacing the ACA would nities will lose their Critical Access Hos- So there are things certainly within adversely impact patients’ access to pitals—the only sources of healthcare in the Affordable Care Act which need to care and our hospitals’ and health sys- many of our rural counties and a vital part be changed, and these administrators tems’ ability to provide services as of infrastructure in our communities. told us. As you know, our rural areas have vulner- well as potentially result in job able populations of elderly folks that have So I said: I hear commonly from my losses.’’ They went on to say that Me- many chronic healthcare needs and limited Republican friends, if we would just morial Medical Center in Springfield, ability to travel long distances for emer- allow people to buy health insurance with Republican repeal of ObamaCare, gency care. . . . I sincerely hope that you over State lines, there would be more could lose over $140 million over the heed the warnings of our physicians and hos- competition. next 6 years, and their uncompensated pitals—do NOT repeal the ACA in a hurried They laughed. They said: You mean care costs would ‘‘rise dramatically political rush. to say, if you heard that there was a due to both a rise in charity care and Washington County is not a blue health insurance plan in Alabama and decline in Medicaid coverage and reim- county, it is not a Democratic county. you lived in Illinois, that you would bursement.’’ It is a county that votes regularly for buy health insurance there; is that the They cautioned: the other party. It is a conservative- idea?

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.009 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S414 CONGRESSIONAL RECORD — SENATE January 24, 2017 I said: I suppose. I hear it over and [From the State Journal-Register, Jan. 23, to the United States as an infant, at over again, if we could just buy policies 2017] the age of 2, from Korea. She lived in across State lines. DURBIN HEARS HOSPITALS’ CONCERNS ABOUT the United States and grew up here. They laughed. They said: Do you OBAMACARE REPEAL When she became an accomplished pi- know what is going to happen? Do you (By Dean Olsen) anist and was accepted at some of the know what happens when you buy in- Executives fromfrom Springfield-area hos- best musical schools in the Nation, she surance in Illinois and they tell you pitals and health systems told U.S. Sen. started to apply but didn’t know what the hospitals and doctors who are eligi- Dick Durbin Monday morning that a threat- to put down in terms of her citizenship. ble? You certainly want to have doc- ened repeal of the Affordable Care Act by She called and asked, and it turned out tors in your home area eligible who Congress would jeopardize local patients’ ac- that her mom and dad had never filed may not be eligible under an Alabama cess to medical services and harm their orga- the papers that would have allowed her nizations’ finances. plan. That makes sense. ‘‘We’d just hate to see this go away,’’ Me- to become a citizen of the United Secondly, they said: If people outside morial Health System chief executive officer States. She was undocumented. the State who are truly sick start buy- Edgar Curtis said of the law, also known as Through no fault of her own—brought ing into Alabama to get lower pre- Obamacare, during a meeting at the Memo- to the United States—her papers miums, the premiums are going to go rial Center for Learning and Innovation with weren’t filed. up. They are going to engineer the risk Durbin and leaders from other hospitals. She grew up in Chicago, went to pool to make sure that it is viable. Tina Casner, chief executive officer of school, and did well, despite having a That is a notion that they rejected Pana Community Hospital in Christian family of modest means. As I said, she out of hand. I asked them about health County, said Illinois’ expansion of Medicaid developed a skill as a pianist and now savings accounts. That is another eligibility—funded by the ACA—and reduced- price private insurance sold through the had an opportunity of a lifetime and thing you hear over and over again. If state’s health insurance exchange have re- wanted to know what her legal status people could just set aside nontaxable duced the number of uninsured patients and was. We checked the law, and it was income and leave that in a pool of improved the 25-bed hospital’s bottom line. pretty clear. She was undocumented, money to pay their copayments and ‘‘There are now folks in our community and the laws of America said you have other expenses, then there would be a who are seeking that care,’’ she said. to leave for 10 years, go outside of the disincentive to overutilize health care. Durbin, D-Springfield, said he doubted that United States, and petition to come These administrators said: But people congressional Republicans pledging a com- back. who are living paycheck to paycheck parable replacement of the ACA would be It didn’t seem fair or reasonable that able to fulfill their promise without big gaps don’t have money to set aside—even in coverage for many Americans. a child, an infant of 2, would be held re- non-taxable money to set aside at that Instead of ‘‘repeal and replace’’—the plan sponsible for mistakes made by their point—and, ultimately, many of them for the ACA supported by local congressmen parents, so I introduced the DREAM would put off care they desperately Rodney Davis, R-Taylorville, and Darin Act. The DREAM Act said that if you need until they become even sicker. LaHood, R-Dunlap—Curtis said he is ‘‘very are one of those kids and you finish Each one of these approaches has its afraid’’ that Congress instead will ‘‘repeal school and you don’t have a serious critics. There are people who think we and delay’’ a decision on a permanent re- criminal record, we will give you a ought to look at it more carefully. I placement. chance—a chance to become legal in Action to repeal without a replacement is think that ought to be the bottom line. America, a chance to become a citizen. To my Republican majority, look at likely to cause disruptions in care because more insurance companies would pull out of Those kids grew up going to school in this carefully. It is not a matter of the exchange and increase the prices of plans our classrooms, pledging allegiance to keeping a campaign promise; it is a even more, health-care industry officials that same flag we pledge allegiance to. matter of keeping a promise to the peo- have said. They believed they were Americans, ple you represent not to leave our Durbin, the No. 2 Democrat in the U.S. but it was not so in the eyes of Amer- health care system in chaos. Senate, was told by hospital administrators ican law. I hope President Trump and my con- that the federal law isn’t perfect and needs I introduced this bill 16 years ago. It gressional Republican colleagues are to be tweaked, especially when it comes to passed the Senate in one form, the listening to what my constituents back the high cost of private coverage and exces- House in another. It has never become home told me yesterday, things that sive paperwork. the law of the land. A few years ago I ‘‘I’m for that,’’ he said. they will hear themselves if they will But he and the administrators expressed wrote to President Obama and said: As go back home and listen to people who concerns about Republicans’ plans to change President, can you find a way to pro- run the hospitals in the communities Medicaid from a federal entitlement program tect these young people until we do where the voters they represent live. to a block grant given to individual states as what we are supposed to do in Con- I wish to conclude with a quote on a way of getting control of Medicaid’s rising gress? the subject from Dr. William Gorski, cost to the federal government. He did. He created something called president and CEO of The Illinois Health and Hospital Associa- DACA. By Executive order, these SwedishAmerican, who wrote to me. He tion has said block grants for Medicaid could young people could apply, pay about said: lead to reductions in funding in Illinois, a $500 in a filing fee, go through a crimi- state that already spends less per Medicaid I must also speak forcefully as a former patient than almost all other states. nal background check, and if they had practicing physician. Irrespective of any fi- Dr. Jerry Kruse, dean and provost of no problems—no threat to this coun- nancial impact of repeal, real lives are at Southern Illinois University School of Medi- try—be allowed to stay here on a tem- stake here. President Obama’s vision recog- cine, said the expansion of Medicaid eligi- porary 2-year basis. They could go to nized a great understanding of the impor- bility ‘‘has been really great for us.’’ school but with no Federal help, no tance of health care access to the quality The expansion has decreased the uninsured and outcomes of care. Any diminishment of Federal assistance for their education. rate by 80 percent for patients of SIU’s feder- this access threatens the health and well- They could work and renew it every 2 ally subsidized outpatient primary care clin- being of millions of our fellow citizens. . . . years. That is DACA. ic, the SIU Center for Family Medicine, he My strong view is that rather than repealing Over 750,000 kids signed up. These said. the ACA, we should be looking for ways to With insurance coverage, formerly unin- were kids just like the one I described refine and expand it. sured patients are less likely to worry about earlier—now young people who are That comes from a doctor. I solicited incurring medical bills they can’t afford to going to college and doing important his view. I don’t know him personally, pay and more likely to seek care, Kruse said. things with their lives. I have come to but it represents the feelings of many. ‘‘It’s that peace of mind,’’ he said. the floor over 100 times to tell their Mr. President, I ask unanimous con- f stories because political speeches, as sent to have printed in the RECORD the inspiring as they are, usually don’t DACA State Journal-Register article from move people. When you hear about Springfield, IL, on my meeting yester- Mr. DURBIN. Mr. President, it was 16 these people and who they are, it can day. years ago when I introduced the make a difference. There being no objection, the mate- DREAM Act. The DREAM Act was a I want to introduce one today. It will rial was ordered to be printed in the response to a call I received in my of- just take a few minutes. I see a couple RECORD, as follows: fice. A young woman had been brought of my colleagues on the floor.

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.010 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S415 This is Belsy Garcia Manrique. When Trump, as well as yesterday his press why he chose law enforcement as his Belsy was 7 years old, she was brought secretary and earlier in the day his career. by her family to the United States chief of staff, lead me to believe that Deputy Allery’s life is a reminder to from Guatemala. She grew up in a he understands the seriousness of this each of us of the enormous debt we owe small town in Georgia and became an problem. to all of the men and women in law en- extraordinary student. She graduated Young people like Belsy, thousands forcement who leave home every day third in her high school class with a of them across the United States, are and go to work to protect us and help perfect 4.0 grade point average. simply asking for a chance to have a make our communities and our States During high school, she was a mem- good life, to make this a better nation. safer places—places that we are proud ber of the National Honor Society, was We could use her. We could use her to call home. on the tennis team, and was a member medical services and talents as a doc- My wife Mikey and I extend our deep- of the mock trial team. She even tor in my State of Illinois, in the State est condolences to Deputy Allery’s earned a black belt in Tae Kwon Do. of Texas, in the State of North Dakota, family and friends during this difficult She went on to attend Mercer Univer- and virtually every State of the Union. time. Our thoughts and prayers are sity in Macon, GA, where she was a Why would we want to lose a great po- with his loved ones and his law enforce- Presidential scholar for 4 years. This tential doctor like her? We need her, ment colleagues, in the coming days award is given to students in the top 10 and we need people like her. and months and especially today, as percent of their class. I hope my colleagues and President Deputy Allery is laid to rest. May God Belsy was a member of a number of Trump will join me to continue the bless him and his family. academic honor societies and the pre- DACA program. I hope this administra- Mr. President, I yield the floor and med club. She worked as a researcher tion will work with Congress to pass turn to my colleague from North Da- in their biology department. She was a the BRIDGE Act, a bipartisan bill I kota. leader of her college’s Habitat for Hu- have introduced with Senator LINDSEY The PRESIDING OFFICER. The Sen- manity chapter and worked as a resi- GRAHAM to create a transition for ator from North Dakota. dent assistant in the student dorms those like Belsy, protected by DACA, Ms. HEITKAMP. Mr. President, I and a tutor for high school students. so that until this Congress—as it come here again today on what is a sad In 2013, Belsy graduated from Mercer should—passes comprehensive immi- day and really a sad week for law en- University with a gration reform, we would protect these forcement in North Dakota, for the degree in biology, with minors in young people from deportation. community of the Turtle Mountain chemistry and math. She is now in her Mr. President, I yield the floor. Band of Chippewa, and certainly for second year at the Loyola University The PRESIDING OFFICER (Mr. the family of Colt Eugene Allery. Chicago School of Medicine. That is CRUZ). The Senator from North Da- Colt was a deputy in the Rolette where I met her. kota. County Sheriff’s Office who tragically Like many States across the coun- Mr. HOEVEN. Mr. President, I ask lost his life in the line of duty last try, my home State of Illinois faces a unanimous consent that I be allowed 5 Wednesday night near Belcourt, ND. shortage of physicians in the inner cit- minutes to make comments but also Colt joined in a high-speed chase with ies and in the downstate rural commu- several fellow officers Wednesday nities. As a DACA student at Loyola that my colleague from North Dakota evening after a report and identifica- medical school, Belsy has promised be allowed to make comments, as well, tion of a stolen vehicle. As the stolen that after she graduates and becomes a and that we be allowed to complete vehicle was coming to a forced stop, doctor, she will work for several years those comments prior to the afternoon shots were fired, and the call came over in underserved areas in my home State recess. the radio that shakes all of North Da- of Illinois. The PRESIDING OFFICER. Without Even with her busy medical school objection, it is so ordered. kota law enforcement and our entire schedule, Belsy volunteers as a trans- f State to the core: ‘‘Officer down.’’ lator at Loyola medical clinic. She is a Colt never got back up that evening, HONORING DEPUTY SHERIFF COLT succumbing to his injuries not very far member of Viva la Familia, a group EUGENE ALLERY which educates families on healthy from the small community where he lifestyles, and she mentors under- Mr. HOEVEN. Mr. President, I rise grew up. He leaves behind five beau- graduate students who are interested today to honor the service and sacrifice tiful young children, including a step- in medical school. of Colt Eugene Allery, a sheriff’s dep- daughter; his fiance, Alexandria; his She wrote me a letter and said: uty in Rolette County, ND, who was grandparents, Gene and Rita Allery, DACA means the world to me. It has al- killed in the line of duty on January who raised him; his family, his friends, lowed me to continue the arduous journey of 18. Deputy Allery was just 29 years old and a community that will miss his becoming a physician, and without it, I and leaves behind his fiance, Alexan- constant smile and playful attitude. would not be where I am today. All I’ve ever dria, his four children and step- He also leaves behind his fellow depu- wanted was the opportunity to prove myself daughter, along with many family and ties and colleagues in the Rolette and to further my education so that I can many friends. County Sheriff’s Office. I know this is give back to those who need it the most. I Deputy Allery was dedicated to serv- an incredibly tough time right now for am so close to achieving my dreams and fi- ing the public and spent the last 5 nally making a difference in the community, Rolette County Sheriff Medrud and his but if DACA is repealed, those dreams might years working in law enforcement. He deputies as well. I know that the peo- never become reality. started his career as a corrections offi- ple across the State of North Dakota If DACA is eliminated, what happens cer, serving as a police officer in Rolla, and I have your back during this dif- to Belsy? If it is eliminated, she loses ND, and as a tribal police officer for ficult time. her right to legally work in the United the Turtle Mountain Band of Chippewa This is now the second time in less States and may have to drop out of Indians, a tribe of which he was a mem- than a year that I have come to the medical school, and that alone—the ber. floor of the U.S. Senate to talk about clinical experience in medical school— He became a deputy with the Rolette the heroism and service of one of North requires actually working. If she can’t County Sheriff’s Office just 3 months Dakota’s peace officers—one of those work, she can’t pay for her education. ago. His colleagues remember him for peace officers who made the ultimate Aside from State of Illinois financing his friendly and positive disposition sacrifice in the line of duty. opportunities, Belsy doesn’t qualify for and his commitment to making his It is heartbreaking to have to stand a penny in Federal assistance to go to community and our State safer. He was here yet again to make one of these medical school. It is an extraordinary also well known in St. John, the tight- speeches in recognition of a North Da- hardship on these students, but they knit community where he was raised kota peace officer. In fact, during my 8 are so darned determined, they do it by his grandparents. He was known for years as North Dakota’s attorney gen- anyway. always serving his friends and his fam- eral, I saw two deaths, two violent I have been encouraged recently be- ily. They say Colt was happiest when deaths of peace officers in my State. In cause statements made by President he was doing things for others, which is less than a year, we have two.

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.013 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S416 CONGRESSIONAL RECORD — SENATE January 24, 2017 Talking to many of my friends in law celebrate each and every peace officer for arranging this colloquy today. I enforcement in my State, they will tell working in the State of North Dakota want to join him in expressing sym- you that the business of law enforce- and across the country. I know that al- pathy to the families of those who were ment and the work of law enforcement though Senator HOEVEN and I cannot lost in Georgia and to the thousands in our State have become more and be at the ceremony and at the celebra- and thousands of Georgians who have more dangerous and more and more tion of Colt’s life today, we stand today been injured or hurt and who lost valu- challenging. As I have said many with the community and with the able property. times—and I will say it again here State in appreciation, and we stand My wife Dianne sends her wishes as today—North Dakota has the finest today in mourning for the loss of Colt well. This part of Georgia is very close peace officers in the entire country. Allery and for the terrible sacrifice his to me. I grew up as a young boy work- Colt Allery personified that dedication fiancee, his children, and his family ing on a farm in Fitzgerald, GA, not far of our peace officers to protect and have made in service to our country from Albany. I know what these people serve their communities. and our State and their community. are like, and they are salt-of-the-earth Losing an officer in the line of duty Deputy Allery, I thank you for your folks. They don’t deserve something is always devastating, but in States service and your sacrifice on behalf of like this happening, but they do de- like North Dakota, where we often say the people of North Dakota. May God serve and they do merit everything we we know everyone, Colt’s loss is being bless you and welcome you, and may can do to get them aid. felt in communities across the State. He bless your family. I am so happy Secretary Kelly called Colt and his family will know that the Thank you, Mr. President. yesterday to offer the services of the entire State mourns his loss and that I yield the floor. Federal Emergency Management Agen- we had his back in this life and we will The PRESIDING OFFICER. The Sen- cy. Governor Deal has done a great job have theirs as they struggle with this ator from North Dakota. of arranging the disaster area, and the incredible and unimaginable loss. Mr. HOEVEN. Mr. President, for all Georgia emergency management peo- Growing up in St. John, ND, and as the people of North Dakota, we thank ple are already in place. an enrolled member of the Turtle Colt for his service, and we ask that So my heart goes out to the injured. Mountain Band of Chippewa Indians, God bless Colt Allery and his entire My heart goes out to my State. My Colt never strayed far from home. And family. prayers go out to the families of those he made a commitment to do more With that, Mr. President, I yield the who were injured and are in the hos- than just be part of his community, he floor. pital and those who have passed away made a commitment to protect his and perished from the terrible torna- community as a peace officer. f does. Colt started out as a corrections offi- RECESS cer for Rolette County. After grad- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Under uating from law enforcement training ator from Georgia. the previous order, the Senate stands academy, he started work in the Rolla Mr. PERDUE. Mr. President. I now in recess until 2:15 p.m. Police Department. He then went to ask unanimous consent that the Sen- Thereupon, the Senate, at 12:34 p.m., serve his fellow tribal members as a ate observe a moment of silence for recessed until 2:15 p.m. and reassem- tribal police officer of Turtle Mountain those who have lost their lives in Geor- bled when called to order by the Pre- before recently moving to the Rolette gia and across the southeast in these siding Officer (Mr. PORTMAN). County Sheriff’s Office. recent storms. In North Dakota, we have a proud The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without history of peace officers like Colt serv- ator from Georgia. objection, it is so ordered. ing their State and local communities f The Senate will now observe a mo- with distinction. I have had the privi- GEORGIA SEVERE STORMS AND ment of silence. (Moment of silence.) lege over my years in public service to DEADLY TORNADOES work with law enforcement officials, Mr. PERDUE. I yield the floor. Mr. PERDUE. Mr. President, I rise from highway patrol, to State and I suggest the absence of a quorum. local officers, to various Federal offi- today to express my sympathy and sup- The PRESIDING OFFICER. The cers and our tribal police, and I will port for the people in my home State of clerk will call the roll. tell you again that these are some of Georgia. This past weekend, severe The senior assistant legislative clerk the finest men and women I have ever storms and deadly tornadoes tore proceeded to call the roll. worked with. These are the men and through South Georgia destroying Mr. FLAKE. Mr. President, I ask women—just like Colt—who could have homes and businesses and taking the unanimous consent that the order for chosen a different path. Instead, they lives, unfortunately, of at least 15 the quorum call be rescinded. chose to take the oath to protect and Georgians. The PRESIDING OFFICER. Without serve. They chose to selflessly put Among those areas hit the hardest objection, it is so ordered. themselves in harm’s way so they were counties surrounding the cities of (The remarks of Mr. FLAKE per- could make North Dakota a safer place Adel and Albany. These counties and taining to the introduction of S. 195 are for each and every person who lives cities are very near where I grew up printed in today’s RECORD under there or who may by chance be passing and where I now reside personally. ‘‘Statements on Introduced Bills and through. They chose to put the needs of When last weekend’s storms hit, emer- Joint Resolutions.’’) others before their own needs and, in gency management teams there were f still leading recovery efforts in re- fact, before their own families’ needs. MARCH FOR LIFE They chose a more difficult path to sponse to deadly storms that had just tread than most of us would be willing caused widespread destruction earlier Mr. FLAKE. Mr. President, I would to follow. this month. like to say a few words about this Fri- Putting that uniform on each and I am very grateful for the tireless day’s March for Life. This Friday, the every day places you in a unique and and ongoing efforts of our first re- National Mall and Capitol campus will special group, a tight-knit community sponders in our State and stand with again be filled with men and women that very few people could understand our Georgia families during this dif- from every corner of the country. To- what it takes to get the job done. All ficult time. Our hearts, of course, go gether, they will gather in celebration too often, it takes a tragedy like this out to the families affected by these se- of the sanctity of life and in solidarity one outside of Belcourt, ND, last week vere storms. for its protection. For 43 straight to recognize and appreciate our peace I now yield for the senior Senator years, the March for Life has given a officers and the sacrifice they and their from Georgia. powerful platform for average people to families make every day so that we can The PRESIDING OFFICER. The Sen- join in the political discourse to influ- feel safe and secure in our daily lives. ator from Georgia. ence Federal policy in support of life. I stand here this morning not only to Mr. ISAKSON. Mr. President, I want That emphasis on the ability of a sin- celebrate the life of Colt Allery but to to thank my partner, Senator PERDUE, gle person to bring about historic

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.015 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S417 change is the theme of this year’s there are many in Washington who ture Medicaid by converting it to a block march. Now, this year’s march is called know that. But that is why I referred grant, cutting federal funding by about $1 the Power of One. The March for Life to it earlier in a more informal way as trillion over the next decade. It would also uses the following quote from the au- ‘‘the baby program,’’ because all of repeal health reform’s Medicaid expansion. The combined result would be a total Med- thor J.R.R. Tolkien to encapsulate this those children come into the world icaid cut of $2.1 trillion over the next ten theme: ‘‘Even the smallest person can paid for by Medicaid. years, relative to current law, likely making change the course of history.’’ Medicaid has a substantial impact on tens of millions of Americans uninsured or This is a powerful message that we rural families, rural America, and rural underinsured. should all embrace. It reminds us that hospitals. By one estimate a couple of Repealing the Medicaid expansion means from the young people marching on a years ago, First Focus, one of the advo- that at least 14 million people would lose cold January morning to the unborn cacy groups here in Washington that Medicaid or not get it in the future, based on children whose futures are filled with tracks issues that relate to children, Congressional Budget Office (CBO) esti- estimated that as of 2012—and I doubt mates. In addition, the large and growing unlimited potential, any one of them funding cut from the block grant would al- has the power to be a positive force for that it has changed much since then— most certainly force states to sharply scale good. more than 45 percent of rural children back their Medicaid programs. I yield the floor. got their health care through Medicaid The Price plan would also repeal health re- The PRESIDING OFFICER. The Sen- or the Children’s Health Insurance Pro- form’s other coverage expansions, including ator from Pennsylvania. gram. So almost half of rural children the subsidies to help people afford market- Mr. CASEY. Mr. President, I ask were benefitting from one program or place coverage. the other. All told, not only would the estimated 20 unanimous consent to speak in morn- million Americans who’ve already gained ing business. Here are just a couple more. One in five seniors receives assist- coverage through health reform lose it, but The PRESIDING OFFICER. Without millions more who qualify for Medicaid objection, it is so ordered. ance through Medicaid, and that in- apart from health reform would likely lose cludes premium assistance, cost shar- f their Medicaid coverage as well. Tens of mil- ing, long-term care, dental care, and lions of Americans would likely become un- MEDICAID vision care. insured. Mr. CASEY. Mr. President, I rise Another important number is that Under Price’s ‘‘State Flexibilities Funds’’ today to speak about the Medicaid Pro- two-thirds of nursing home residents block grant proposal, the federal government are covered by Medicaid. would no longer pay a fixed share of states’ gram, a program that I am sure a lot of Medicaid costs, apparently starting in 2018. folks in Washington and around the I mentioned children before and the profound impact it has on their lives. Instead, states would get a fixed dollar country hear about a lot. We talk amount of federal funding, which would rise about it a lot, but I am not sure that Medicaid covers 40 percent of all chil- only modestly each year, as explained below. people around here have a real sense of dren in the country. I mentioned CHIP Block-grant funding would fall further be- what it means to folks back at home. and Medicaid combined covering al- hind state needs each year. The annual in- Medicaid is a program that is more most half of rural children. Just Med- crease in the block grant would average than 50 years old now. In some ways, icaid alone covers 40 percent of all chil- about 4.3 percentage points less than Medic- aid’s currently projected growth rate over the name doesn’t convey the scope of dren—rural, urban, and everywhere in between. If you just consider low-in- the next ten years. In the plan’s tenth year it. In some ways, I wish it had a dif- (2026), federal Medicaid and Children’s ferent name because it would remind come kids, or children who come from low-income families, Medicaid covers Health Insurance Program (CHIP) funding people who benefits from it. would be $169 billion—or roughly 33 percent— Instead of referring to it as the Med- some 75 percent of those children. less than under current law (see graph). And So there is a lot to talk about. But icaid Program, if you called it the the cuts would likely keep growing after one issue that we are in the process of ‘‘kids, seniors, and folks with disabil- 2026. engaging on as an issue is: What will The block grant would cut federal Med- ities program,’’ or something like that, happen to Medicaid? icaid funding by $1 trillion from 2017–2026. A you would be accurately describing the Despite what the President said when small share of these cuts could come from scope and the reach of the program be- he was campaigning—and I am talking CHIP which the Price plan would presumably cause it has a profound impact on the specifically about Medicaid—just this merge into the Medicaid block grant as in lives of children, on the lives of older weekend, the administration an- past House Republican budget plans. Over citizens trying to get long-term care in the next ten years (2017–2026), the budget nounced—without much attention plan would provide nearly 25 percent less in nursing homes, and, of course, it has a drawn to it at the time, but I hope in- huge impact on individuals with dis- federal Medicaid and CHIP funding to states creasingly more attention—that the than under current law—not counting the abilities. administration would support block- lost federal funding for the Medicaid expan- We know that in the campaign, granting Medicaid. That is at variance sion. President Trump made a statement. I with what the President said. In my The loss of federal funding would be great- am not quoting him exactly, but it was judgment, it is a total contradiction of er in years when enrollment or per-bene- a brief statement during his campaign, what he said, and now, apparently, his ficiary health care costs rose faster than ex- and it was in writing that he would not pected—for example, due to a recession or administration has embraced the new treatment that improved patients’ cut Social Security, Medicare, or Med- House Republican approach to Med- icaid. I think a lot of people had forgot- health but raised costs. Currently, the fed- icaid, which is block-granting. eral government and the states share in ten about that third one. There are a lot of ways to measure those unanticipated costs; under the Price One of the tasks that we have in the the impact of block-granting. One that plan, states alone would bear them. Senate is to make sure that, when a I will just cite for the record is a report As CBO concluded in 2012 when analyzing a statement like that is made, any Presi- by the Center on Budget and Policy similar Medicaid block grant from then- dent is held accountable to that prom- Priorities dated March 15, 2016, entitled House Budget Committee Chairman : ise. ‘‘Medicaid Block Grant Would Add Mil- The examples I could cite are many ‘‘The magnitude of the reduction in spend- lions to Uninsured and Underinsured,’’ ing . . . means that states would need to in- about the impact of Medicaid. Just a which I ask unanimous consent to have crease their spending on these programs, couple are significant. Not by way of printed in the RECORD. make considerable cutbacks in them, or exclusion, but I will just mention a There being no objection, the mate- both. Cutbacks might involve reduced eligi- few. rial was ordered to be printed in the bility, . . . coverage of fewer services, lower I am holding here a March of Dimes RECORD, as follows: payments to providers, or increased cost- sharing by beneficiaries—all of which would document. It is an issue brief by the [From the Center on Budget and Policy reduce access to care.’’ March of Dimes, and it is entitled ‘‘The Priorities, Mar. 15, 2016] Value of Medicaid.’’ I won’t read it all, In making these cuts, states would likely MEDICAID BLOCK GRANT WOULD ADD MILLIONS use the large added flexibility that the Price but here is just one fact that I am not TO UNINSURED AND UNDERINSURED plan would give them. For example, the plan sure a lot of people know. ‘‘Medicaid (By Edwin Park) would likely let states cap Medicaid enroll- covers 45% of all births’’—and they House Budget Committee Chairman Tom ment and turn eligible people away from the have a footnote for that. I am not sure Price’s budget plan would radically restruc- program, or drop benefits that people with

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.016 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S418 CONGRESSIONAL RECORD — SENATE January 24, 2017 disabilities or other special health problems to say how much Rowan has benefitted The PRESIDING OFFICER. Without need. from the Medicaid Program. We call it objection, it is so ordered. The Urban Institute estimated that the Medical Assistance in Pennsylvania. f 2012 Ryan proposal would lead states to drop She said that among the services he between 14.3 million and 20.5 million people WOMEN’S MARCH ON WASHINGTON from Medicaid by the tenth year (outside of received was the behavioral specialist the effects of repealing health reform’s Med- consultant helping him and a thera- Mr. LEAHY. Mr. President, I under- icaid expansion). That’s an enrollment de- peutic staff support worker. They re- stand the majority leader may be com- cline of 25 to 35 percent. Urban also esti- ceived direct help, direct intervention ing to the floor to make a request. If he mated that the Ryan plan would lead states so that Rowan could grow and benefit does, I certainly would be willing to to cut reimbursements to health care pro- from those direct services. yield to him, and I hope I won’t lose viders by more than 30 percent. The Price She said that the agency that admin- my right to the floor. block-grant proposal likely would mean isters these kinds of wraparound serv- Mr. President, a lot has happened similarly draconian cuts. ices for Rowan and children like him— here in Washington in the last few Mr. CASEY. Here is one of the head- in this case, the Child Guidance Re- days. Marcelle and I knew that a num- lines of that article, one of the basic source Centers—started a particular ber of Vermonters were coming down inclusions by a respected organization program focused on social skills, espe- for the Women’s March on Washington. that tracks this information. I will just cially for children with autism. We said to them, ‘‘Look, if any read that headline: ‘‘The block grant But here is how she concluded her Vermonters are coming down, why would cut federal Medicaid funding by letter, and this is why I want to cite it don’t you join us for coffee?’’ We ar- $1 trillion from 2017–2026.’’ in the context of this critically impor- ranged it right here on Capitol Hill, so So if you are saying you are going to tant debate we are going to have about they could. protect children and you are going to Medicaid and the question of block At first, we didn’t know how many protect seniors and you are going to granting, which sounds kind of benign; would show up until we started getting make sure that those with disabilities doesn’t it? When you say it, it doesn’t the responses. Marcelle and I were don’t have any problems going forward, sound that bad. But in my judgment, it there, along with members of my staff, it is pretty difficult to do that if you would be devastating to these families. shortly after 6 in the morning, and peo- take a trillion dollars out of the Med- She said to me in the letter: Please ple started pouring in. Eventually, we icaid Program over the course of a dec- think of my dear Rowan and his happy had 500 or 600 from the little State of ade. face, his big blue eyes, and his lovely Vermont who joined us. I had a chance There was an op-ed in the New York strawberry blonde hair. to speak to them. Times on Christmas Day. It was inter- You can see him in these pictures My wife, Marcelle, gave one of the esting that it actually was printed on that I should have mentioned earlier. most powerful speeches, totally ad- that holy day. There was an op-ed by Rowan is in these two different pic- libbed, that I have heard, pointing out Gene Sperling. Gene is someone who tures, and there he is dressed as a fire- the stakes of what is happening in this many people in Washington know. But fighter. country. Of course, she pointed to the for those who don’t, Gene served two She continued: Please think of me Supreme Court just next door. Presidents; he served both President and my husband, working every day to What got me is that these people Clinton and President Obama as the support our family, and please think of came from all walks of life in Vermont. Director of the National Economic my 9-month-old daughter Luna who Some I knew, and a lot I didn’t. Some Council. smiles at her brother daily. are Republicans. Some are Democrats. Here is one of the conclusions that There is Luna in the picture, being Some are Independents. All were very Gene reached, based upon his research held by Rowan. concerned. Most came down in buses and his vast experience. I will quote She says that she is worried that and drove all through the night, a lit- him directly from the December 25 op- that little girl, when she is much older, tle over 500 miles, to show that our ed in entitled will have to take care of Rowan later brave little State says no to hate. We ‘‘The Quiet War on Medicaid’’: ‘‘To- in life when Pam and her husband are had thousands more who marched in gether, full repeal’’—and there he gone. my State capital, Montpelier. Let me means full repeal of the Patient Pro- She ends the letter this way: Overall, put this in perspective. Our State cap- tection and Affordable Care Act—‘‘and we are desperately in need of Rowan’s ital—I was born there, and I know it block granting would cut Medicaid and Medical Assistance and would be dev- very well—is home to only 8,500 people, the Children’s Health Insurance Pro- astated if we lost these benefits. What but 15,000 Vermonters stood on our gram funding by about $2.1 trillion she is referring to there, of course, is statehouse lawn to show the President over the next 10 years—a 40 percent Medicaid. that they are paying attention, they cut.’’ I have real trouble believing that if want their voices to be heard, and the So whether you look at it in terms of the Trump administration’s proposal American people will hold him ac- block granting’s impact on Medicaid or on block granting Medicaid marches countable. the combination of that block-granting forward, now that they have embraced I got some of the most enthusiastic policy, which the administration has the proposal that Republicans in Wash- emails and tweets. My 14-year-old now embraced fully, and the repeal of ington have embraced for years—they granddaughter, Francesca, told me how the Affordable Care Act, the result of had voted for block granting over and thrilled she was to be there. One that is that you adversely impact two over and over again. Now it is a live Vermonter who took part in the enor- programs—the Children’s Health Insur- issue. Now it is no longer just voting. mous Women’s March in Montpelier ance Program and the Medicaid Pro- Now it is an issue that could be en- told a member of my staff, ‘‘This is the gram. acted into law, and I think that would first time I have been able to smile Let me bring this back to real people. be a terrible step in the wrong direc- since Election Day.’’ I just want to highlight a couple of ex- tion. In Washington, Marcelle and I were cerpts from a letter I received recently, So I think we have to remember that proud to march with our daughter, and then I will conclude. when we consider these budget debates, Alicia, and 12-year-old granddaughter, This is a letter from Coatesville, PA, when we consider the debate about Sophia. I was proud to see this 12-year- the southeastern corner of our State, a health care, and especially when we old holding her head high, knowing the letter sent to me by Pamela E. Simp- consider real families like Pam’s and respect that was being shown to her son. I will just call her Pam, even real children like Rowan. and her mother, as well as to Marcelle though I don’t know her personally. With that, I yield the floor. and me. She knew that respect went to She wrote me a letter about her son. The PRESIDING OFFICER. The Sen- her in a way that reflected everybody— Pam Simpson’s son is Rowan. She said ator from Vermont. Black, White, no matter what you that Rowan, who I guess is now 5 years Mr. LEAHY. Mr. President, I ask might be. People cared. old, back in 2015 was diagnosed with unanimous consent to be recognized in We have heard disrespectful, offen- autism spectrum disorder. She went on morning business. sive and dangerous comments seep into

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.003 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S419 our national discourse. The millions of rick and Roan. I will speak up for all tive order prohibits U.S. financial aid men and women who participated in Americans. I will speak up for all to many international organizations marches across the country this week- Vermonters. They expect nothing less that offer contraception and com- end offered a powerful statement that and they deserve nothing less. prehensive family planning services to they will not tolerate policies that re- With that, I yield the floor. women. But what we have seen with strict the rights of women or treat The PRESIDING OFFICER. The Sen- this Executive order that President women like second-class citizens. They ator from New Hampshire. Trump signed is a broad expansion of will not treat my wife as one, they will f that City policy. not treat my daughter as one, they will The new Trump administration has 44TH ANNIVERSARY OF ROE V. not treat my three wonderful grand- joined with Republican leaders in Con- WADE daughters as one, and all five of our gress in pledging a much broader as- grandchildren will be treated the same. Mrs. SHAHEEN. Mr. President, I am sault on women’s rights and the gains Unfortunately, the Trump adminis- pleased to follow my neighbor from women have made in recent years. In tration ignored the voices of millions Vermont, Senator . We addition to terminating funding for of Americans and is already under- also had a very inspiring march in the Planned Parenthood, which more than mining the rights of women. Two of the capital of New Hampshire on Saturday 12,000 Granite Staters depend on for President’s first Executive Orders tar- that Senator HASSAN and I both at- quality, affordable health care, they geted women. His first Executive Order tended. But I am not here to talk about have promised to repeal the Affordable attempts to dismantle the Affordable that so much as about the 44th anni- Care Act, which would have profoundly Care Act, which throws into limbo the versary of the Roe v. Wade decision. negative consequences for women’s health insurance arrangements of mil- That anniversary happened this past health. The repeal would end lions of American women who have Sunday. That ruling affirmed the con- ObamaCare’s ban on discrimination been guaranteed maternity coverage as stitutional right of women to control against women in health insurance. De- part of their health care plans, who our own reproductive choices. It made pending on how the law is crafted, it have been able to have affordable birth birth control safer and more accessible would allow insurers to once again control for the first time, who have for women across this country. classify pregnancy as a preexisting been able to tell insurance companies On Saturday, as Senator LEAHY said condition and to deny many women that no, pregnancy is not a preexisting so eloquently, we saw millions of coverage; it would allow insurers to condition. In other words, women can women and men come together in charge women more simply because we be treated the same as men when they Washington and Concord, NH, and are women; it would reverse women’s seek insurance. other cities across New Hampshire and access to contraception without cost- President Trump also reinstated the across the United States and all across sharing; and it would end access to pre- so-called Mexico City policy, a policy the globe. There were events in all 50 ventive health services, such as mam- that would be illegal and unconstitu- States and in 32 countries. We came to- mograms and cervical cancer tional in this country—that will only gether to defend this constitutional screenings, without cost-sharing—all result in more abortions and more right, as well as other critical gains for very significant benefits of the Afford- pregnancy related deaths in developing women in recent years. Our message, able Care Act. countries. A former Republican Sen- expressed peacefully and powerfully, Last week, we also saw reports that ator whom I respected highly, when he was that we will not allow these gains at the Justice Department, the Trump was chair of the Senate Appropriations to be taken away. We will not be administration plans to eliminate the Committee—he was strongly against dragged backward. Office on Violence Against Women, in- abortion, but he said this kind of a pol- Despite the progress since the 1973 cluding all 25 grant programs that have icy is only going to result in more Roe v. Wade decision, women’s repro- been working to prevent domestic vio- abortions and more pregnancy-related ductive health care remains under con- lence, sexual assault, and other forms deaths in developing countries, and he stant assault. States have passed re- of violence against women for more is right. He is right. Affordable health strictions intended to shut down clin- than two decades—this at a time when care, affordable birth control, and the ics and limit access. Sadly, Republican one in five women in this country still availability of these services would leadership here in Congress has repeat- reports being the victim of a completed bring down abortion and pregnancy-re- edly attempted to defund Planned Par- or attempted . lated deaths, whether in the United enthood, which is one of this Nation’s Taken together, these actions States or the countries we help. leading providers of high-quality, af- amount to more than a dangerous ob- Mr. President, Americans are watch- fordable health care for women, and session with throwing back women’s ing. From what I heard and saw from over 95 percent of the work that is done reproductive rights, they amount to an Vermonters on Saturday, I could tell by Planned Parenthood is done to pro- assault on the safety and well-being of you that they are fired up and ready to vide preventive services and health women and girls in the United States go. We need a President who is com- care to women, such as mammograms, and across the globe. This is exactly mitted to equality and opportunity for cervical cancer screenings, and other what millions of women and men were all people, no matter their sex, gender, important preventive care. protesting on Saturday. or race. We will not stand for policies Unfortunately, the Trump adminis- Sadly, people are not just concerned, that turn back the clock on so much tration and Republican leaders here in they are frightened, and unfortunately progress we have made. To paraphrase Congress have exhibited a dangerous with very good reason. Dr. Martin Luther King, we have to ac- obsession with rolling back women’s As those of us who gathered and cept finite disappointment, but we reproductive rights. President Trump marched on Saturday made very clear, must not give up infinite hope. Only has promised to nominate Supreme we are not going to stand still for this light can crowd out the darkness. Court Justices who will overturn Roe assault on our rights and gains. We are I was proud to see so many v. Wade. It is interesting—he has not going to be taken backward. This Vermonters speaking up. They are not talked about court decisions around week, I am introducing bipartisan leg- going away, and, as I pledged to them LGBT rights as being settled law, and islation to permanently repeal the on Saturday, I am not going away. I yet we have the Roe v. Wade decision, global gag rule, with Senator COLLINS. am going to speak. I am going to speak which is 44 years old, and for some rea- This rule bans Federal funds for non- the same way I did when Marcelle and son he doesn’t include that as settled governmental organizations that pro- I walked with our daughter and our law. vide abortion services or information granddaughter in the million women Just yesterday, in one of his first of- about abortion as part of comprehen- march. I will continue to speak up, as ficial acts, the President signed an Ex- sive family planning services. the people in my office in Vermont did, ecutive order reinstating the global As I said earlier, the Trump adminis- in Montpelier. I will speak up for all gag rule, also known as the Mexico tration’s reinstatement of the global five of our grandchildren, for Francesca City policy that began with Ronald gag rule is even more extreme and and Sophia and Fiona, but also for Pat- Reagan’s Executive order. That Execu- harmful than it has been in previous

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.019 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S420 CONGRESSIONAL RECORD — SENATE January 24, 2017 Republican administrations. Pre- Thank you, Mr. President. The women’s marches were truly the viously, under President Reagan and I yield the floor. biggest outpouring of support and ac- the Bush administration, this policy The PRESIDING OFFICER. The Sen- tivism I have seen in my lifetime and applied only to family planning fund- ator from New York. certainly that we have seen in this gen- ing, but under President Trump’s Mrs. GILLIBRAND. Mr. President, eration. They were loud and clear order, it applies to every program that this past Sunday was the 44th anniver- statements that we will not let the falls under global health assistance. sary of Roe v. Wade. I wish to take a government dictate to us how we This means that it puts at risk 15 times moment to reflect on how far we have should manage these most personal de- more funding and millions more come since the Supreme Court deci- cisions—when you are going to have a women and families. This targets some sion. family, how big your family is going to of the most effective health organiza- Because of Roe v. Wade, American be. Those are decisions that are made tions that work in the developing women for the last 44 years have had by husbands and wives, by spouses all world—organizations that are doing the right, the freedom, the privacy to across this country about what their great work to provide HIV services and make their own decisions about their family is going to look like. maternal health care and to counsel own bodies with their doctors and with I urge all of my colleagues in this women on the risks of the Zika infec- their families, without the Federal Chamber to listen to the millions of tion—and it ignores decades of re- Government barging its way into the Americans, the millions of women who search. We know that when family conversation and telling them what would like to make those decisions planning services and contraceptives they can or can’t do with their own themselves, who would like to choose are accessible, there are fewer un- bodies. their health care, who would not like planned pregnancies, fewer maternal Roe v. Wade was one of the most im- to be charged more just because they deaths and child deaths, and fewer portant Supreme Court decisions in the are women, who would not like to see abortions. So if you want to prevent history of women’s rights in this Na- their health care coverage dropped the abortion—something I think we all tion, but it was only a start. In the 44 minute they become pregnant, who agree on—then why not give women years since, we have made so much would not like to be told: You have a and their families access to family progress with women’s health, and preexisting condition and we will not planning services? I don’t think we can much of that progress has to do with cover you. That is what we go back to. allow extreme ideology to triumph what we accomplished in the Afford- We have to fight for the Affordable over the urgent practical needs of able Care Act. Care Act, and we have to make sure women and families across the world. Millions of American women now the Supreme Court does not overturn The facts make clear that when fam- have access to health care coverage Roe v. Wade. Listen to your constitu- ily planning services are accessible and that used to be extremely difficult and ents. These marches weren’t just in contraceptives are affordable, rates of expensive for a lot of women to get. New York; they were in every State unplanned pregnancies and abortions Millions of American women now have across the country. These marches go down. Here in the United States, the access to affordable preventive health were real, they were powerful, they abortion rate has dropped to the lowest care services, including contraception, were determined, and these men and level since 1943—a success that is di- birth control, STD screenings, mam- women want to be heard. Members of Congress, I hope you are rectly attributed to reduced cost-shar- mograms, breastfeeding support and listening to them. That is our job, to ing for contraception under the Afford- supplies, and cervical cancer represent our country. Their voices able Care Act. And what do we have? screenings, and since the Affordable must be heard. We shall not ignore We have the leadership and Congress Care Act was passed, the number of un- them. trying to reverse that assistance to wanted pregnancies has gone down, in part, because more women have access I yield the floor. women and families. The PRESIDING OFFICER. The Sen- to affordable contraception. In recent days, we have been pre- ator from Wyoming. sented with a fateful choice. We can There is no doubt that American stand aside and allow the Trump ad- women have better access to safe and f ministration to lead an across-the- affordable health care because of Roe UNANIMOUS CONSENT AGREE- board assault on women’s rights—on v. Wade and the Affordable Care Act, MENT—EXECUTIVE CALENDAR women’s access to health care, on pro- but some of my colleagues are com- Mr. BARRASSO. Mr. President, I ask grams that protect women from sexual mitted to turning back the clock on unanimous consent that at 5 p.m., on assault and other forms of violence—or women’s health and taking away wom- Tuesday, January 24, the Senate pro- we can come together on a bipartisan en’s access to this lifesaving care. They ceed to executive session for the con- basis to protect the important gains are doing everything in their power to sideration of the following nominations women have made in recent years and get rid of the Affordable Care Act, and en bloc: Executive Calendar Nos. 6 and decades. they are determined to see Roe v. Wade 7; I further ask unanimous consent Back in the early 1980s, I chaired a get overturned. that there be 30 minutes of debate on committee in New Hampshire that was One of President Trump’s first Exec- the nominations en bloc, equally di- working on women’s employment in utive orders was so extreme that it vided in the usual form; and that fol- the State. One of the conclusions we would take away funding for any inter- lowing the use or yielding back of came to was when women are sup- national organizations that even talk time, the Senate vote on the nomina- ported, their families are supported. So about whether a woman might want to tions en bloc, with no intervening ac- this is not just about women in this terminate a pregnancy. We should tion or debate; that if confirmed, the country; this is about families. It is never let this happen. If we take away motions to reconsider be considered about women and their children and women’s access to the health care they made and laid upon the table; the their husbands and their brothers and need, it would be devastating—even President be immediately notified of their fathers and their mothers. This is life-threatening—for millions of Amer- the Senate’s action, and no further mo- about what is in the best interests of ican women. tions be in order; and that any state- the American people. This weekend, a massive group of ments related to the nominations be Millions of Americans joined to- women and men and children joined to- printed in the RECORD. gether on Saturday, peacefully and gether in women’s marches across the The PRESIDING OFFICER. Is there passionately, to urge Congress to make globe. They were there to speak out, to objection? the right choice, to protect women’s be heard, to protest some of these Without objection, it is so ordered. constitutional rights, to protect our issues that would deeply affect Amer- f access to health care. I urge my Senate ican families and women in particular. colleagues on both sides of the aisle to I was so proud to march with them. I FUTURE OF THE EPA AND listen to those voices, and I urge my was inspired by them—their passion, NOMINATION OF SCOTT PRUITT colleagues to join with me in ending their determination, and their commit- Mr. BARRASSO. Mr. President, last the global gag rule once and for all. ment to never give up. week the Committee on Environment

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.020 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S421 and Public Works held a hearing on the We should be looking for ways to commonsense protection for our spe- nomination of Oklahoma attorney gen- make American energy as clean as we cies. That will not change. We need the eral Scott Pruitt to lead the Environ- can, as fast as we can, without raising EPA to do its job, and we need it to do mental Protection Agency. The hear- costs for American families. That is the job right. ing was really about the future of this not what the Environmental Protec- Through 6 hours of questioning be- Agency and how we can get it back to tion Agency did with its power regula- fore our committee last week, Scott doing the job it was meant to do from tions. Pruitt showed that he understands the the very beginning. The EPA also put out a new rule that need to return the Environmental Pro- We are blessed in this country with dramatically expanded its own control tection Agency back to its proper enormous natural resources. Our goal over what it calls waters of the United course. He showed he is committed to should be to use these resources re- States. The Agency declared that it working as a partner with Americans sponsibly in ways that protect our en- has control over things like irrigation all across the country to find the best vironment and help make our economy ditches and backyard ponds all across ways to address the threats to our en- strong. America. Two different courts have vironment. His record as the attorney Over the past 8 years, the leaders of blocked this rule from taking effect. general of Oklahoma showed that he is the Environmental Protection Agency Why? Because it goes far beyond the committed to restoring and maintain- created broad and legally questionable Agency’s own authority. ing the rule of law. new regulations that undermined the For 8 years now, the leaders of the I am confident that Attorney General American people’s faith in the Agency. EPA have not had their priorities Pruitt will be able to right the ship at The political leaders of this Agency straight. They have been pursuing a the EPA. I am confident that he can re- have been reckless, irresponsible, and political agenda instead of focusing on store the balance between the benefits arrogant. what should be the Agency’s core mis- the Agency can deliver for Americans A course of correction is long over- sion. The Environmental Protection with the costs that it imposes. due, and it is exactly what we are Agency was created for a reason. It was As chairman of the Committee on going to get. created because America needed some- Environment and Public Works, I am If my colleagues have any doubts one to perform this mission. There is a committed to making sure the Senate that the EPA lost its way, they can right way to do the job. We can strike exercises appropriate oversight to just look at two of the biggest environ- the right balance so we protect our en- make sure that this happens. mental scandals we have seen in a long vironment while allowing our economy Mr. President, I yield the floor. time. In the summer of 2015, there was to grow. I suggest the absence of a quorum. what became known as the Gold King My home State of Wyoming is one of The PRESIDING OFFICER. The Mine disaster. The Environmental Pro- the most pristine States in the coun- clerk will call the roll. tection Agency spilled 3 million gal- try, one of the most beautiful places in The legislative clerk proceeded to lons of toxic wastewater into a river in the world, as well as one of the most call the roll. Colorado. This was water filled with energy-rich States in the country. Wy- Mr. WHITEHOUSE. Mr. President, I toxic substances like arsenic and lead. oming has struck the right balance. We ask unanimous consent that the order It flowed to New Mexico and Utah, have done it successfully and so have for the quorum call be rescinded. through the land of the Navajo Nation many other States. We can address The PRESIDING OFFICER (Mr. and the Southern Ute Indian tribe. threats to our environment best HOEVEN). Without objection, it is so or- There are 200,000 people who drink through the cooperation of States, dered. water from the river system that the EPA poisoned. Farmers and ranchers towns, Indian tribes, and Washington— f couldn’t use the water for their crops a cooperation. The quality of America’s air, water, REPEALING THE AFFORDABLE or their animals. CARE ACT The other disaster the Environ- and land are local concerns as much as Mr. WHITEHOUSE. Mr. President, mental Protection Agency helped to they are national concerns. The Envi- Republicans in Congress have been on cause was what happened in Flint, MI. ronmental Protection Agency should the warpath for a long time to repeal The EPA failed to do the proper over- not try to dictate regulations from the Affordable Care Act. In fact, in this sight. As a result, thousands of chil- Washington without consulting its new Congress, their first order of busi- dren were exposed to high levels of lead partners at all levels. ness has been to pave the way for dis- in their drinking water. The Agency Much of the work of the EPA was in- knew about the dangers to the public tended to give States a chance to take mantling this law. Despite the fact health and for months did nothing to action first. Federal regulators are that 20 million Americans have gained warn the people. meant to be a backstop, acting when health insurance coverage thanks to These are just two scandals where States or communities fail to act. Re- this law, despite people no longer being the Environmental Protection Agency storing this proper order and restoring denied coverage for preexisting condi- actually harmed people’s health be- the partnership of States with the EPA tions, despite big savings in health care cause the EPA was negligent. There is essential to making sure people see costs, and despite everyone with insur- are also many ways the Agency has the Agency as legitimate once again. ance being able to access important harmed families and the American The Agency needs to learn to listen be- preventive health services for free, my economy, not by accident but inten- fore it acts. Republican colleagues have decided to tionally. It has issued thousands of We can also restore the Environ- repeal it. And, after 7 years to get pages of regulations trying to shut mental Protection Agency by restating ready, they have no replacement, not down the entire coal industry in the its commitment to the rule of law. even a path to a replacement at this United States. Since 2009, the Environ- That is why the American people elect point. mental Protection Agency has come a Congress—because of the rule of law. Yes, they are set on repealing a law out with nearly 200 new regulations. The Agency must enforce the laws as that has provided both health and fi- According to the American Action they are written by Congress. The nancial security to millions of Ameri- Forum, the total cost of all of this new Agency cannot write the laws, cannot cans, with no replacement in sight, redtape is about $340 billion. The Agen- ignore the parts of the laws it doesn’t just at this point some empty IOU for cy has piled enormous new restrictions like, although that is exactly what this some future piece of legislation that and costs onto American families and EPA has been doing. may or may not be any good. It is a lit- businesses, all to produce miniscule We all know the EPA used to do very tle like being asked to jump out of an benefits. good work. In the past, it protected airplane without a parachute and being One of them was the so-called Clean America’s environment while under- told: Trust us. We will build the para- Power Plan. States sued to block this standing that there need to be reason- chute for you before you hit the destructive bureaucratic overreach. able regulations that allow people to ground. The courts had to step in and tell use our natural resources. Every Amer- We don’t know what this nonexistent Washington not so fast. ican wants clean air, clean water, and Republican replacement would look

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.022 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S422 CONGRESSIONAL RECORD — SENATE January 24, 2017 like, but we sure do know what a re- with no replacement on the horizon, was a member of RAGA’s executive peal would do; it would gut health in- let’s use our proposal to make it bet- committee through 2015. Between 2014 surance premium tax credits that help ter. Let’s add a public option to our and 2016, RAGA received $530,000 from millions of Americans obtain health in- health insurance exchanges. Koch Industries. It received $350,000 surance they could not otherwise af- Mr. WHITEHOUSE. Mr. President, if from Murray Energy. It received ford. It would unwind an expansion of I could address another topic now and $160,000 from ExxonMobil, and it re- the Medicaid Program that covers mil- ask unanimous consent to speak for up ceived $125,000 from Devon Energy. lions more Americans in some 30 to 15 minutes in morning business. Devon Energy, by the way, is the States that have chosen to participate, The PRESIDING OFFICER. Without company whose letter Mr. Pruitt trans- casting tens of millions of Americans— objection, it is so ordered. posed virtually verbatim onto his offi- men, women, and children—out of their f cial letterhead to send to the EPA as health insurance. the official position of the Oklahoma NOMINATION OF SCOTT PRUITT At the same time, it would deliver an attorney general. enormous tax boon to millionaires and Mr. WHITEHOUSE. Mr. President, During his hearing, Mr. Pruitt re- billionaires, as usual for Republicans, the question I bring to the floor today fused to provide details about any so- by repealing the revenue we used to is what is Scott Pruitt hiding? Last licitations he made from regulated in- pay for ObamaCare. This tax boon is a week, the Environment and Public dustries for the Republican Attorneys 16-percent reduction in the taxes owed Works Committee held a hearing on General Association. We know they got by millionaires and billionaires on President Trump’s nominee to the En- special attention from RAGA. Here is a their investment income. vironmental Protection Agency. confidential 2015 meeting agenda from Republicans want to take health in- Today, for my 155th ‘‘Time to Wake RAGA when Pruitt was on its execu- surance away from tens of millions of Up’’ speech, I have unanswered ques- tive committee. I ask unanimous con- ordinary Americans and simulta- tions about Mr. Pruitt’s fitness for that sent to have printed in the RECORD the neously reward those at the very top of role. His evasiveness at his hearing sig- meeting agenda page. the income pile with a big tax benefit. naled nothing good about his ties to There being no objection, the mate- So much for all the talk we have heard the industry he would regulate if con- rial was ordered to be printed in the from Republicans about the deficit. firmed, and the lack of curiosity about RECORD, as follows: At least in Rhode Island, the Afford- these industry ties from my Repub- RAGA SUMMER NATIONAL MEETING 2015, THE able Care Act is working. The law lican colleagues speaks volumes about GREENBRIER, WEST VIRGINIA launched accountable care organiza- the political clout of that industry. MEETING AGENDA tions that are improving care while One question stood out. Our new The Greenbrier; 300 West Main Street, lowering costs. In Rhode Island, Coast- chairman, Senator BARRASSO, posed White Sulphur Springs, WV; (855) 616–2441. al Medical and Integra Community the standard question of nominees to SATURDAY, AUGUST 1, 2015 Care Network—two primary care-fo- Mr. Pruitt in our hearing: ‘‘Do you A Cyber Lounge and Hospitality Suite are cused ACOs—are not only driving down know of any matters, which you may provided all day for your convenience by per person health expenditures but or may not have disclosed, that might Rent-A-Center in the Chesapeake Bay Room, achieving high marks on quality and place you in any conflict of interest if 5:40 PM—Lead Shuttles for West Virginia on patient experience. In total, Coastal you are confirmed?’’ Host Committee Dinner. Location: Front Mr. Pruitt answered: ‘‘No.’’ Main Entrance of the Hotel. has saved $24 million over 3 years and 6:00 PM–8:00 PM—West Virginia Host Com- Integra has saved $4 million in its first Scott Pruitt crawls with conflict of mittee Reception & Dinner; Location: Kate’s year as an ACO. interest. He has conflicts of interest Mountain Lodge; Special Guest: Homer The Affordable Care Act also has pro- with the fossil fuel industry from his Hickam—American author; Vietnam vet- tected seniors from the dreaded drug political fundraising. We just don’t eran, and a former NASA engineer. His auto- price doughnut hole, and I can tell you know how bad. He likely has conflicts biographical novel Rocket Boys: A Memoir, I heard a lot about the doughnut hole of interest from confidential private was a No. 1 New York Times Best Seller, and from seniors in Rhode Island when I meetings with fossil fuel companies at was the basis for the 1999 film October Sky. was running for the Senate. The Af- Republican Attorneys General Associa- SUNDAY, AUGUST 2, 2015 fordable Care Act has protected fami- tion get-togethers, but we just don’t A Cyber Lounge and Hospitality Suite are lies where someone had a chronic con- know how bad. There is almost cer- provided all day for your convenience by tainly evidence of conflict of interest Rent-A-Center in the Chesapeake Bay Room dition and couldn’t get insurance, and 7:00 AM–10:30 AM—Breakfast (on your the Affordable Care Act has prevented in his undisclosed emails with fossil own); Location: Main Dining Room; insurers from throwing customers off fuel companies, but again we don’t *Breakfast is included, please provide your coverage when they get sick. know how bad. He came clean on none room key to the waiter. Please note: denim It is true that some of the health in- of this in his confirmation hearing. and exercise attire are not permitted. surance exchanges haven’t attracted This chart is a simple, and a likely 11:00 AM–12:30 PM—AG Business Meeting; enough competition. We can fix that. incomplete, representation of the many *Attorneys General and Staff Only; Loca- Indeed, to help with that issue, Sen- financial links reported between Pruitt tion: Eisenhower A & B. and the fossil fuel industry. At the top 12:30 PM–2:00 PM—RAGA ERC & Capital ators BROWN, FRANKEN, and I are today Club Lunch: What Difference Does It Make? introducing the Consumer Health Op- are the companies and the entities that Measuring the Success of Republican AGs; tions and Insurance Competition En- have supported Mr. Pruitt with polit- Location: Chesapeake Room; Speaker: Attor- hancement Act, or the CHOICE Act, to ical funding. Down below are the polit- ney General Pam Bondi, Florida. add a public health insurance option to ical organizations for which he has 2:00 PM–5:30 PM—Private Meetings with the health insurance exchanges. This raised money. Attorneys General and Staff; *Attorneys public option would guarantee that Pruitt for Attorney General was his General and Staff Only; Location: Eisen- reelection campaign. The polluters hower A & B. consumers always have an affordable, 2:00 PM–2:40 PM—Private meeting with high-quality option when shopping for gave to Pruitt for Attorney General. Murray Energy: *Attorneys General and health insurance and a strong health Oklahoma’s Strong PAC was his lead- Staff Only; Location: Eisenhower A & B. care fallback when markets fail. ership PAC, a separate political fund- 2:50 PM–3:10 PM—Private meeting with ObamaCare may not be perfect, but it raising vehicle. The polluters gave to Microsoft; *Attorneys General and Staff has done an awful lot of good. Millions Oklahoma Strong. Only; Location: Eisenhower A & B. of Americans who lacked insurance There was another one here called 3:15 PM–3:35 PM—Private meeting with now have it, and the rate of uninsured Liberty 2.0, Mr. Pruitt’s super PAC, but Southern Company; *Attorneys General and Staff Only; Location: Eisenhower A & B. Americans has fallen to 8.6 percent, he closed it down so we don’t list it. 3:40 PM–4:00 PM—Private meeting with about half of what it was in 2010. Pro- While it existed, his super PAC took American Fuel Petrochemical Manufactur- jected Federal health care costs are nearly $200,000 in fossil fuel industry ers; *Attorneys General and Staff Only; Lo- down nearly $3 trillion. contributions. Mr. Pruitt served as the cation: Eisenhower A & B. Instead of demolishing a system that chair of the Republican Attorneys Gen- Mr. WHITEHOUSE. This confidential works well for millions of Americans eral Association in 2012 and 2013 and agenda mentions a private meeting

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.024 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S423 with Murray Energy. It mentions a pri- trons? An Open Records Act request he will be regulating as EPA Adminis- vate meeting with Southern Company, was filed with the Oklahoma attorney trator? and it mentions a private meeting with general’s office—Mr. Pruitt’s office— I challenge anyone to come to this American Fuel Petrochemical Manu- for emails with energy firms, fossil fuel Senate floor and tell me with a facturers, which represents a lot of trade groups, and their political arms, straight face that there is nothing that these characters. Murray Energy, of with companies like Devon Energy, those emails could reveal that might course, is right there. Southern Com- Murray Energy, and Koch Industries, create a conflict of interest for the pany is right there, and the American and the American Petroleum Institute, man discharged with regulating the Fuel Petrochemical Manufacturers or- which is the industry’s trade associa- companies on the other end of those ganization, I am sure, represents the tion. emails. ‘‘No’’ just doesn’t cut it as an others. Let me share three facts about this answer from Mr. Pruitt when there is This confidential meeting agenda is Open Records Act inquiry: No. 1, the still so much that he is hiding. all we have about what took place in Open Records Act request was filed I yield the floor. those private meetings. I asked Mr. more than 745 days ago—over 2 years, 2 I suggest the absence of a quorum. Pruitt in our hearings about the con- years. No. 2, Pruitt’s office has admit- The PRESIDING OFFICER. The tent of these private meetings, and he ted that there are at least 3,000 respon- clerk will call the roll. wouldn’t answer any questions. He sive documents to that Open Records The bill clerk proceeded to call the doesn’t want us to know what was dis- Act request. Consider that fact alone roll. cussed there with the big fossil fuel for a moment. There were 3,000 emails Mr. PETERS. Madam President, I polluters—companies whose pollution and other documents between his office ask unanimous consent that the order he will oversee as EPA Administrator. and these fossil fuel companies and for the quorum call be rescinded. Pruitt was also a chairman of the front groups—3,000. No. 3, zero, exactly The PRESIDING OFFICER (Mrs. Rule of Law Defense Fund. The so- zero of those documents have been pro- FISCHER). Without objection, it is so called Rule of Law Defense Fund is a duced—745 days, 3,000 documents, zero ordered. dark money political operation that produced. f launders the identity of donors giving Think how smelly those 3,000 emails NOMINATION OF BETSY DEVOS money to the Republican Attorneys must be when he would rather have General Association. As the New York this flagrant Open Records Act compli- Mr. PETERS. Madam President, I Times said, the fund is a ‘‘legal entity ance failure than have any of those rise today to speak on the nomination that allows companies benefiting from 3,000 emails see the light of day. Given of Betsy DeVos for Secretary of Edu- the actions of Mr. Pruitt and other Re- the important financial interests of cation. publican attorneys general to make these groups before the EPA, do we Public education is deeply personal anonymous donations, in unlimited really not think that 3,000 emails back for me. I am proud to have attended amounts.’’ It is a complete black hole and forth between him and his office Michigan public schools, and I have of political cash. and those groups might be relevant to three children who did so as well. I In the hearing, Pruitt refused to his conflicts of interest as Adminis- know firsthand the importance of a shine any light into the dark money he trator? Until very recently, Repub- strong public education system. My fa- solicited or received from these fossil licans had a keen interest in emails. ther Herb was a proud teacher and fuel polluters or others for the Rule of Chairman BARRASSO asked that impor- taught English for 32 years in Roch- Law Defense Fund—not whom he asked tant question: ‘‘Do you know of any ester, MI, where I grew up. for money, not who gave money, not matters which you may or may not My father was part of the ‘‘greatest what they gave, nothing. This is an or- have disclosed that might place you in generation.’’ He fought for our country ganization that appears to have a mil- any conflict of interest if you are con- in World War II and returned home to lion-dollar-a-year budget so someone firmed?’’ Scott Pruitt answered: ‘‘No.’’ help build America’s middle class. Our was busy raising a lot of money. How On this record, there is every reason Nation owes these men and women a much exactly, from whom, and what to believe that his statement is false. debt of gratitude for building a country was the deal? Scott Pruitt doesn’t want Might having raised significant dark where anyone who is willing to work our committee or this Senate or the money from the industry that he would hard and play by the rules can find op- American people to know. regulate create a conflict of interest? portunity. Colleagues and I sent letters to the Let’s say that he made a call to Devon But too many families today feel Office of Government Ethics and to the Energy and said: I slapped your letter that the American dream remains just Environmental Protection Agency’s on my letterhead and turned it in as if out of reach. It seems that they can top ethics official. Their responses in- it were the official work of the Okla- hardly get by, much less get ahead. At dicate that their ethics rules predate homa attorney general’s office. Now I a time of growing income inequality, Citizens United and its torrent of dark need a million bucks. And you can give public schools can and do provide a lad- political money. Their regulatory au- it to the Rule of Law Defense Fund as der of opportunity in communities thority on government ethics has not dark money, without anyone knowing across the Nation—urban, rural, and caught up with the post-Citizens that it was you. suburban alike. Strong public schools United dark money world. Since their Might such a quid pro quo create a are vital to our economy, our democ- ethics authorities have not been up- conflict of interest in his ability to racy, and to our Nation’s global com- dated for these dark money conflicts, if carry out the duties of EPA Adminis- petitiveness. Pruitt doesn’t disclose any of this in- trator in matters affecting Devon En- I think we can all agree that a child’s formation before the Senate, no one ergy? It is impossible to say that it chance to succeed should not be dic- will know, and even those government would not be a conflict of interest. tated by his or her ZIP Code. While ethics watchdogs may end up blind to Let’s say that at those confidential many crucial education decisions are conflicts of interest. private meetings with Murray Energy made at the State and at the local lev- That doesn’t mean there isn’t a con- and Southern Company, something els, the Federal Government also has a flict of interest here. What it means is went on. Might something that takes role to play in providing the necessary it is a hidden conflict of interest. That place in private meetings with Big En- educational tools and proper protec- makes it our duty in the Senate to ex- ergy interests that he is going to have tions for all of our children to flourish. amine those relationships, except for to regulate create a possible conflict of We need a Secretary of Education the fact that the fossil fuel industry interest? They paid to be there. They who is dedicated to improving access to now, more or less, runs the Republican wanted something. Might that not give quality public education based on Party, so there is a scrupulous lack of rise to a conflict of interest? sound evidence and ensuring the proper interest in this fossil fuel industry And who knows what conflicts of in- implementation of Federal laws de- dark money. terest would be divulged if his office signed to protect and to help all of our How badly does Mr. Pruitt want to were not sitting on 3,000 undisclosed children. That is why I am deeply trou- hide his dealings with his fossil fuel pa- emails with fossil fuel industries that bled by President Trump’s nomination

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.025 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S424 CONGRESSIONAL RECORD — SENATE January 24, 2017 of Betsy DeVos of Michigan to serve as charter schools accepting taxpayer tion’s laws are not keeping pace. Over the Secretary of Education. money not only performed worse than the past several years, Netflix and Mrs. DeVos, like so many recent traditional public schools in terms of Amazon have completely disrupted the graduates, is effectively applying for a academic success but also get to skirt video world. The iPhone, which rede- job. And like any employer, the Amer- laws that protect against discrimina- fined personal computing and ican people should look at her resume, tion and support disabled youth. We connectivity, just celebrated its 10th her interview, and her past perform- should hold all schools receiving Fed- anniversary. Yet most of the govern- ance. eral dollars to the same level of ac- ment policies dealing with video, wire- Mrs. DeVos’s resume contains no ex- countability. less, and Internet platforms were writ- perience in public education at any I have reviewed her resume, her ten for a world where none of these level—not as a teacher, not as an ad- interview, and her track record, and I things existed. It is a testament to the ministrator, not as a student or a par- have no confidence that Mrs. DeVos ingenuity of American businesses and ent, not as a school board member, and will fully support our traditional pub- entrepreneurs that they have been able not even as a borrower of public loans lic schools, our teachers, our parents, to adapt and succeed with laws that for college. and, most importantly, our children, are increasingly out of date. While I Her only experience in education is who only get one shot. They just get don’t doubt that they will continue to her work lobbying for the transfer of one shot to get an excellent K–12 edu- work around these challenges, Amer- taxpayer money to private schools and cation. ican companies and consumers deserve the rapid expansion of charter schools Her approach to education has failed better. without sufficient accountability to the children of Michigan, and her con- It is past time to modernize our com- parents and to students. firmation process gives me no reason munication laws to facilitate the So let’s look at her interview. Her to think that she will bring a more suc- growth of the Internet, and it is high appearance before the Senate HELP cessful approach to our Nation. time to update government policies to Committee last week raised many American children deserve the oppor- better reflect the innovations made more questions and did not provide an- tunity for a quality education no mat- possible by digital technologies. As the swers. During her confirmation hear- ter who they are and no matter where chairman of the Senate Commerce ing, Mrs. DeVos showed herself to be they live. I stand with the many edu- Committee, I have committed to mod- unfamiliar with some basic educational cators and parents in Michigan and ernizing government policies for the concepts, like the debate over whether across the Nation when I say: Mrs. digital age, and that will be one of our we should measure students’ success by DeVos lacks the experience, qualifica- top priorities in the Commerce Com- growth or proficiency. If Mrs. DeVos tions, and the right vision to oversee mittee this year. doesn’t know how to measure success, One way the government can boost how can she ever be expected to our Nation’s educational system. Sim- ply put, our children deserve a whole investment in our digital infrastruc- achieve success in our schools? ture is by finding ways to make it Mrs. DeVos also appeared to have lot better. cheaper and easier to build broadband never heard of the Individuals with I cannot and will not support Betsy networks. At the Commerce Com- Disabilities Education Act, one of the DeVos’s nomination to serve as the mittee, I introduced legislation called most important pieces of education and Secretary of Education, and I hope my the MOBILE NOW Act to ensure that civil rights legislation in our country’s colleagues will join me in unity history. This law has provided access against her nomination. huge swaths of wireless spectrum are to education for children with unique Madam President, I suggest the ab- made available for use by the year 2020. needs and supports their parents, who sence of a quorum. By then, we hope to see the next gen- depend on the law that Mrs. DeVos will The PRESIDING OFFICER. The eration of ultra-high speed services be in charge of enforcing, if confirmed. clerk will call the roll. known as 5G, which will need more And it appeared as if this was the first The bill clerk proceeded to call the spectrum than is available today. The time that she had ever heard of this roll. MOBILE NOW Act will also cut law, just last week. Mr. THUNE. Mr. President, I ask through much of the bureaucratic red- So finally, let’s take a look at her unanimous consent that the order for tape that makes it difficult to build past performance. I am particularly the quorum call be rescinded. wireless infrastructure on Federal troubled by Mrs. DeVos’s long-time ad- The PRESIDING OFFICER (Mr. KEN- property. vocacy to funnel Michigan taxpayer NEDY). Without objection, it is so or- I am happy to report that the Com- dollars to private and charter school dered. merce Committee passed the MOBILE systems that are not held accountable f NOW Act earlier today, but this legis- lation is just the start. The Commerce for their performance. COMMERCE COMMITTEE AGENDA Let me be clear. Our education sys- Committee will continue to develop AND NEW INFORMATION TECH- legislative proposals to spur broadband tem is far from perfect, and I support NOLOGIES effective, innovative educational re- deployment, make more spectrum forms that lift up our children. But Mr. THUNE. Mr. President, it is hard available for the public, and improve these reforms need to be driven by to believe, but the Internet as we know connectivity throughout rural Amer- facts and not ideology. it is already in its third decade. While ica. Unfortunately, in my home State of it is no longer novel, this essential Good Internet infrastructure policies Michigan, the charter school experi- technology continues to transform the and investments matter very little, ment has not lived up to the promises world around us in often very unex- however, if government bureaucrats made. In fact, 65 percent of charter pected ways. Just a few short years can overregulate the digital world. The schools in Michigan fail—yes, fail—to ago, the idea of the Internet being built Federal Communications Commission significantly outperform traditional into farm equipment would have been has long been the main government public schools in reading outcomes. In unthinkable. Yet, today, wireless regulator for telecommunications. As Detroit, 70 percent of charter schools Internet in tractors and combines is we have turned away from traditional are in the bottom quartile of Michi- making agriculture more and more ef- telecom services and toward new tech- gan’s schools. These are certainly not ficient. This is just one small example nologies, the FCC has found its role the results that we would want to rep- of how new information technologies gradually diminishing. This is inevi- licate at the national level. have become a fundamental part of our table and a good byproduct of techno- Despite these outcomes, Mrs. DeVos economy. There isn’t a job creator in logical innovation. But instead of ac- stated during her confirmation hearing America who doesn’t have a story to cepting this, over the last several years that she did not think that public char- tell about how or when he or she real- the FCC has aggressively pushed for ter schools should be held to the same ized the Internet had become a critical government interference in the Inter- standards as traditional public schools. part of his or her business. net. Speaking about new economic op- Well, that simply doesn’t make But while the digital economy is cre- portunities on the Internet, the last sense. It doesn’t make sense that many ating massive opportunities, our Na- FCC Chairman declared: ‘‘Government

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.030 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S425 is where we will work this out.’’ The At the end of the day, it is not, as I America? And they said it is not any- government is where we will work this said, Congress that is going to come up thing that is in the Agriculture bill, it out? Well, I believe consumers and job with the best solutions. It will be is the overregulation of the EPA. When creators should be the ones deciding American innovators and entre- we ask the question ‘‘Which of all the about new technologies, not the gov- preneurs who will determine what the overregulations of the EPA is the ernment. I think most Americans digital future holds, not us here in worst one?’’ according to farmers, it is would agree. Washington, DC. Government should the WOTUS regulation, the waters of Right now, Internet providers are of- focus on facilitating their success the United States. fering innovative service plans that while making sure that we are not ac- For as long as I can remember, lib- allow you to stream video, music, or cidentally standing in their way. erals have tried to get the jurisdiction other content for free. These innova- I am excited to see how the Internet of water away from the States and give tive offers are a sign of strong competi- and other emerging technologies will it to the Federal Government. I mean, tion in the marketplace. Yet, 2 weeks continue to change our world in the that is the general philosophy of some- ago, the outgoing FCC issued a report coming years, and I am eager to do my one who is liberal—they want the raising what it called ‘‘serious con- small part to ensure that all Ameri- power of the United States to be con- cerns’’ that such practices ‘‘likely . . . cans benefit from these amazing ad- centrated in Washington. So this is a harm consumers.’’ That is right, it vances. part of that effort. As a matter of fact, seems the FCC thinks that being able I yield the floor. it was 6 years ago that there was a to do more online for less money is I suggest the absence of a quorum. House Member and a Senate Member somehow bad for consumers. Mean- The PRESIDING OFFICER. The who introduced a bill to take the word while, consumers themselves seem to clerk will call the roll. ‘‘navigable’’ out of our laws. State gov- strongly disagree because a lot of these The bill clerk proceeded to call the ernments have control of all water free data offerings are turning out to roll. rights except for navigable waters. If be quite popular. Mr. INHOFE. Mr. President, I ask they had taken the word ‘‘navigable’’ One of the most important unanimous consent that the order for out, the Federal Government could takeaways from the last election is the quorum call be rescinded. have taken over the entire jurisdiction. that people are tired of bureaucrats The PRESIDING OFFICER. Without The two who were doing that were Sen- trying to micromanage their lives. One objection, it is so ordered. ator Feingold from and Con- way we can address this concern is to f gressman Oberstar from Minnesota. see how the FCC operates and reform NOMINATION OF SCOTT PRUITT Not only did we defeat both of those what it is allowed to do. The FCC pieces of legislation 6 years ago, but should be focused on fixing funda- Mr. INHOFE. Mr. President, I was they were both defeated at the polls mental problems in the marketplace, not preparing to come down to speak afterward. So if this is an issue, it is an not dictating the direction of techno- today, but I just want to make a few issue that has been around for a long logical progress. The last time Con- comments because I have been listen- time. gress passed meaningful laws affecting ing to what is going on in one of the So yes, in fact, Scott Pruitt, as the the FCC was when the Internet was in other rooms out there. Everyone is ze- attorney general of Oklahoma, from its infancy. It is clearly time for the roing in and targeting a guy named Tulsa, joined 15 other States, including FCC’s reform once again. Scott Pruitt, who they don’t think the State of Louisiana, in suing to stop At the Commerce Committee, we should be confirmed to be the Adminis- the rule that the Obama administra- have had many conversations about trator of the EPA. I know Scott Pruitt tion had put through in WOTUS, the improving this agency, and I believe very well, and he happens to be the at- water resources. To show how he was this year presents a real opportunity to torney general for my State of Okla- on sound ground, the Sixth Circuit turn those conversations into solu- homa. In fact, I recruited him to run Court of Appeals has since that time tions. I am confident that we can at- for the State legislature many years said that, yes, he was right. They put a tract the bipartisan support that is ago, and he is someone I know very stay on it. needed to move legislation modern- well. He resides in my city of Tulsa, The next bill, the next of the regula- izing the FCC across the Senate floor. OK, and he is eminently qualified for tions—I just did a TV thing where they Another area where I would like to this position. I would just like to make were asking about the most onerous of achieve bipartisan agreement is on leg- a couple of comments in response. regulations. It is kind of hard to an- islation to protect the open Internet. I chaired the Environment and Pub- swer that question because they are all We need clear and reasonable rules for lic Works Committee for some number so bad—they all inflict such a hardship the digital road that everyone can un- of years, and during that timeframe, on the business community throughout derstand. Complex and ambiguous reg- we started considering his nomination. America—but the Clean Power Plan, ulations that shift with the political I heard all kinds of criticism. I say to let’s go back and look at the history of winds aren’t in anyone’s best interests. the Chair that they talk about the fact that. For Americans to get the maximum that he has sued the EPA and how can The Clean Power Plan all started benefit from the Internet, they need a person who has sued the EPA be back in about 2002, when at that time certainty about what the rules are and, qualified to serve as the Administrator they wanted to do it when they first most importantly, what the rules will of the EPA? Well, I think that is a started talking about global warming be in the coming years. The only way pretty good qualification, considering so they were going to somehow do to achieve that is for Congress to pass what the EPA was doing during the away with the emissions of CO2. So bipartisan legislation. I have been Obama administration. Look at some they tried to do it with legislation in working with my colleagues to find a of the lawsuits he has been involved 2002, and then again in 2004, again in legislative solution. While we are not with. 2005, and about every other year since there yet, I am committed to getting ‘‘WOTUS’’ is the acronym for then, and it has always been rejected there. ‘‘waters of the United States.’’ Of the by the Senate. It has been rejected by The Commerce Committee was in- many regulations they have come up the Senate by an increased margin credibly productive last year, with 60 with, this is one of the most onerous. each time. Yet they keep saying, no, measures enacted into law. We made In fact, I would say that probably in all we are going to have some type of cap- real progress on Internet-focused legis- States—Louisiana, Oklahoma, and the and-trade legislation. We calculated lation, including committee approval rest of them—they gave the same re- what that would cost. It is between $300 of the MOBILE NOW Act that I men- sponse as the farm girl gave when we billion and $400 billion a year, and tioned earlier. We will build on that asked the question—I asked the ques- frankly it wouldn’t accomplish any- foundation in this Congress. I look for- tion: What is the worst thing that thing. ward to taking advantage of the good could happen or has happened to the The first administrator for the EPA ideas of our committee members on farmers and ranchers of America—not under Obama was Lisa Jackson. I en- both sides of the aisle. just in Oklahoma but throughout joyed her. I asked her the question: If

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.031 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S426 CONGRESSIONAL RECORD — SENATE January 24, 2017

we were to do away with CO2 alto- you will find a piece that was in the Clive Crook of the Financial Times gether in the United States, would this Wall Street Journal that makes it very said that ‘‘the stink of intellectual cor- have the effect of reducing it world- clear that isn’t true and documents ruption is overpowering.’’ wide, and she said: No, because this that case. The scientists who have been Christopher Booker with the UK’s isn’t where the problem is. The prob- saying this are one group that is called Telegraph—that is one of the largest in lem is in China, India, and in Mexico. the IPCC, Intergovernmental Panel on London—said it is the ‘‘worst scientific So the more we chase our ability to . That is the United Na- scandal of our generation.’’ generate electricity to those areas, the tions, in case there is someone who They are talking about the science more—and they don’t have any restric- doesn’t understand that. They are the that is behind the accusations they tions on CO2 emissions—then that is ones who have provided all the credi- have made. going to increase, not decrease. bility in terms of the science that So if anyone hears these claims re- They were not able to pass it legisla- backs up all the statements that are peated, or even if it has been repeated, tively. So along comes President made about global warming. saying that at least 97 percent of the Obama, and he said: Well, we can’t do I had the occasion—some people are scientists agree, they are not right. it through legislation, we will do it not aware that once every December, My time has expired, but I just want- through regulation, so they had the now for 21 years, the ed to clarify that so people know—be- Clean Power Plan. The Clean Power has had the biggest party of the year. cause one thing I know that is going to Plan was essentially the same thing as It is always in some exotic place. I re- happen is, Scott Pruitt, the attorney the legislation we defeated. member in 2009 it was in Copenhagen. general of the State of Oklahoma, will So Scott Pruitt, the attorney general We had all the people—several friends I be confirmed by a good margin—I from Oklahoma, came along, and he love dearly here in the U.S. Senate and think by a party margin—to be the Ad- filed a lawsuit against the EPA, and in the House went over there to tell 192 ministrator of the EPA. It will be a this worked out really pretty well. It countries that we were going to pass great change. had a lot of support behind it. It wasn’t legislation that would have cap and I yield the floor. the Sixth Circuit, it was the U.S. Su- trade. I went over as the truth squad of I suggest the absence of a quorum. preme Court that stayed this. So what one person to tell them what had been The PRESIDING OFFICER. The I am saying is, sure, he has had the oc- represented to them was, in fact, not clerk will call the roll. casion, along with some 26 other going to happen. The senior assistant legislative clerk States, in the case of the Clean Power Well, right before going, Lisa Jack- proceeded to call the roll. Plan, of filing a lawsuit against the son was the first nominee, or the first Mr. SCOTT. Mr. President, I ask EPA, but he has been successful in confirmed Administrator of the EPA. I unanimous consent that the order for doing that. asked her the question on the record, the quorum call be rescinded. Let me clarify another thing that has live on TV, in the committee room, on The PRESIDING OFFICER. Without been misrepresented on this floor sev- the committee that I chaired, I said: I objection, it is so ordered. eral times. They referred to a charac- am going to be going over to Copen- f terization I gave about 4 or 5 years ago hagen to tell them the truth over EXECUTIVE SESSION called the hoax. The hoax is not cli- there, and, in the meantime, you are mate change. We all know the climate going to take over jurisdiction so you is constantly changing. All the evi- can try to do this with a regulation. To EXECUTIVE CALENDAR dence is there. There is scriptural evi- do that, you have to have an dence, historical evidence. It has al- The PRESIDING OFFICER. Under endangerment finding. To have an the previous order, the Senate will pro- ways been there. The climate has al- endangerment finding, you have to ways changed. The hoax is that the ceed to executive session to consider have science behind that. She was smil- the following nominations en bloc, world is coming to an end because of ing. She is a very honest person. manmade gases. That is the clarifica- which the clerk will report. I asked her: What science are you tion that needs to be made if we are The senior assistant legislative clerk going to use for your endangerment going to be completely honest. read the nominations of Nikki R. finding that gives you the opportunity By the way, when they criticized Haley, of South Carolina, to be the to do what you couldn’t do with legis- Scott Pruitt for suing the EPA, I am Representative of the United States of lation that you think you can do with reminding them that he also has sued America to the United Nations, with regulation? She said: The IPCC, the several oil companies, including the rank and status of Ambassador Ex- Intergovernmental Panel on Climate ConocoPhillips—he had a lawsuit traordinary and Plenipotentiary, and Change. against them for alleged double dip- the Representative of the United ping—as well as BP and Chevron, so it As luck would have it, it was a mat- States of America in the Security is not just as if he is somehow owned ter of days after that that climategate Council of the United Nations; and by the oil companies. I always have to came about. How many people remem- Nikki R. Haley, of South Carolina, to say, when people say the oil companies ber climategate? They never talk about be Representative of the United States contribute to campaigns, not anything it. Let me just tell you how it was of America to the Sessions of the Gen- like the far left environmentalists do. characterized. Climategate was those eral Assembly of the United Nations I remember Tom Steyer. Tom Steyer individuals who were at the top of the during her tenure of service as Rep- said before the 2014 elections: I am IPCC had gotten together and tried to resentative of the United States of going to put $100 million of my money alter the science to support their point America to the United Nations. to elect people who go along with all of of view, and they got caught doing it. The PRESIDING OFFICER. There these far-left programs. Of course, it The world responded to it. Newsweek: will now be 30 minutes of debate, equal- didn’t work in 2014. He actually at that ‘‘Once celebrated climate researchers ly divided in the usual form. time spent $75 million. This is one indi- feeling like the used car salesman.’’ The Senator from South Carolina. vidual we are talking about. So those ‘‘Some of the IPCC’s most quoted Mr. SCOTT. Mr. President, today I guys over there, they are the ones who data and recommendations were taken stand in support of my good friend and are putting money into campaigns, and straight out of unchecked activist bro- Governor, Nikki Haley, who has been I understand that. chures. . . . ’’ nominated for the position of Ambas- The last thing I want to correct—and The U.N. scientist Dr. Philip Lloyd sador to the United Nations. Simply I wish more people would talk about said: ‘‘The result is not scientific.’’ put, Governor Haley is the right this. Frankly, I wish President Trump They were all talking about choice, and I could not be prouder to would say more about this because climategate. They were talking about support her nomination. She has shown they always talk about how 97 percent how the IPCC rigged the science. amazing leadership during very trying of the scientists go along with the A guy that was an IPCC physicist times in South Carolina, and I know global warming thing. That isn’t true said that ‘‘Climategate was a fraud on that she will bring the same strength at all. In fact, if you go to my Web site, a scale I’ve never seen.’’ and resolve in reinforcing and

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.033 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S427 strengthening our relationships with look forward to helping her in her new as Pickering, and Madeleine Albright. our allies. job. I urge this body to support her Each was recognized and widely ad- As she showed through her confirma- nomination because I have seen her in mired across the political spectrum for tion hearing, Nikki is a strong, prin- action. I think she will represent us all his or her depth of foreign policy expe- cipled leader. During a time with so very well. rience and wisdom. much international instability, we I yield the floor. Today we are considering the nomi- need a decisive and compassionate Mr. LEAHY. Mr. President, it has be- nation of Nikki Haley to be the next leader like Governor Haley rep- come fashionable, particularly among U.S. Ambassador. Governor Haley’s resenting our Nation. She is the type of supporters of the Trump administra- record as Governor of South Carolina visionary leader who will help turn the tion, to accuse the United Nations of was decidedly mixed, and I will not diplomatic tide of the past few years just about everything. This is, how- take time today to discuss that record. and reassure our allies that the United ever, nothing new. The U.N has been an What is most relevant here, however, is States stands in strong support of easy target, especially for some Repub- her dearth of experience for the job she them. licans, for a long time, because like has been selected for. That is not so Nikki has served the people of South any unwieldy international organiza- much a criticism of Governor Haley as Carolina very well, and she will be tion comprised of member states with it is of President Trump, as there are missed. But now, I look forward to ad- very different priorities and interests certainly well qualified, seasoned dip- dressing her by her new title—Ambas- it will probably never be as efficient or lomats in the Republican Party who sador. effective as we would like. would be well received by members of I yield the floor. But there is simply no question that both parties. I suggest the absence of a quorum. the U.N. serves many vital functions Instead, we are asked to support a The PRESIDING OFFICER. The that are fully consistent with key U.S. nominee who will no doubt be con- clerk will call the roll. interests and values. For that reason, firmed but will be starting from square The senior assistant legislative clerk it is essential that the U.S. continues one. If there ever were a case of having proceeded to call the roll. to play a leadership role in the U.N., to learn on the job, this will be it. That Mr. GRAHAM. Mr. President, I ask which we were instrumental in cre- might not concern me if it were not for unanimous consent that the order for ating seven decades ago, in a manner the indispensable role of the United the quorum call be rescinded. that strengthens the institution. Nations in an increasingly dangerous The PRESIDING OFFICER. Without At times, I have expressed my own and polarized world, the importance of objection, it is so ordered. frustrations with the U.N. It wastes in- this position, and the complex chal- Mr. GRAHAM. Mr. President, I know ordinate amounts of time debating and lenges the next U.S. Ambassador will we are going to vote here fairly soon, adopting redundant resolutions that face on her first day on the job. but I just want to address the body be- accomplish next to nothing. It has suf- It was painfully apparent during her fore the vote. fered from personnel policies that confirmation hearing that virtually ev- Nikki Haley is soon to be the U.S. make it difficult if not impossible to erything Governor Haley said in her Ambassador to the United Nations, I fire underperforming employees. It opening remarks and in her responses believe with a very strong vote in the pays its officials at rates that dwarf to questions of Senators, she had committee, 19 to 2. Senators CORKER what many could earn in their own learned in the previous 2 months since and CARDIN did an excellent job of run- countries. It has been too slow to im- she was chosen for the job. Her answers ning the hearing. Governor Haley con- plement procedures to ensure trans- largely parroted popular Republican ducted herself very well. I know that, parency and accountability, including talking points with little substance to as Governor of South Carolina, she has for whistleblowers who have suffered back up her response and revealed only brought us together at home. retaliation for exposing corruption and an elementary understanding of how She has dealt with some things that other misconduct. the U.N. functions. Her stated interest are incredibly difficult for any State. So there is no dispute that the U.N. in U.N. reform is well placed, but it did We had a thousand-year flood, and we needs to do better. The new Secretary not appear that she grasps what U.N. had the tragedy in Charleston, with General, Antonio Guterres, knows this reform entails or what it takes to build Dylann Roof shooting nine parish- as well as anyone and he has made the necessary support for reform. ioners praying at Mother Emanuel clear that he is going to do his best to Again, I do not blame her for that. Church in Charleston. She handled put the institution on a road to real re- Her career has focused entirely on these historic crises with dignity and form. issues relevant to the State of South grace. She was able to rally the State But, of course, he cannot do that by Carolina. But that does not make her and remove the Confederate battle flag himself. He is empowered only to the qualified to be our Ambassador to the from the capitol grounds. extent that the U.N. member states, U.N. All I can say is that the skill set she and particularly the permanent mem- As Governor, she jumped on the po- has of bringing people together I have bers of the Security Council, support litically expedient bandwagon and op- seen. As she goes into this new job, she him. posed the resettlement of any Syrian can learn the nuances of foreign policy, Attempts by past the Secretary Gen- refugees in her State over ‘‘security but diplomacy is something you either erals to implement reforms have been concerns,’’ although it being a Federal have or you don’t. She is tough and de- partly stymied by resistance from gov- decision some Syrians have been reset- termined, and I think she is very capa- ernments that prefer the status quo. tled there. In other words, she sup- ble of being the United States’ voice in While I believe the prospects for ported a blanket prohibition against an the United Nations. As a matter of U.N.reform have never been better, entire nationality of people—men, fact, I think she will represent us ex- that will not be possible without the women, and children—regardless of the tremely well. active leadership and skillful diplo- merits of their individual status as ref- The bottom line is that her story is a macy of the United States. ugees fleeing war. uniquely American story—immigrant And that is where our U.N. Ambas- She stated, in spite of the fact that parents coming to a small town in sador comes in. all of our major European allies sup- South Carolina. She said very point- I have known many of them, al- ported the nuclear agreement with edly: I was too light to be African though I was only 7 years old in 1947 Iran, that ’s and China’s support American or Black, and I was too dark when Warren Austin of Vermont, nomi- was a ‘‘red flag,’’ without acknowl- to be White. She is Indian American. nated by President Truman, became edging the reality that without their She and her family have contributed our third U.N. Ambassador. support it would be impossible to greatly to our State. The position of U.S. Ambassador to achieve an agreement to halt Iran’s nu- I think all of us can be proud that the U.N. has also been held by such ac- clear weapons program or any of our Nikki Haley will soon be our voice and complished people as Henry Cabot other key objectives at the U.N. America’s face in the United Nations. I Lodge, Adlai Stevenson, George H.W. She condemned the U.S. abstention think President Trump chose wisely. I Bush, Daniel Patrick Moynihan, Thom- on U.N. Security Council Resolution

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.036 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S428 CONGRESSIONAL RECORD — SENATE January 24, 2017 2334 regarding Israeli settlements and tries with repressive governments, we Moynihan, Andrew Young, Madeleine incorrectly implied that it is incon- would have to close dozens of U.S. Em- Albright, Bill Richardson, and John sistent with longstanding U.S. policy bassies, end diplomatic relations, and Danforth. President Eisenhower raised and interests. In fact, she insisted that impose ineffective, unilateral sanctions the ambassadorship to cabinet rank. the resolution, not settlements them- against each of them. Although both Presidents Bush re- selves, makes peace negotiations more I urge Governor Haley, as our U.N. moved the position from Cabinet level, difficult—a view with which I disagree. Ambassador, to listen to the over- President Obama restored it to that She seemed to acknowledge that the whelming majority of Americans and level. I am pleased that President U.S. does not support settlement con- Cubans, including many Republican Trump has decided to keep it there. struction, but stated that the U.S. Members of Congress, who support a The U.S. Ambassador to the U.N. should have vetoed the resolution any- policy of engagement. I urge her to must advance principles that the way. travel to Cuba and see and hear for her- United States has promoted over the She mischaracterized U.S. law re- self, unlike those who continue to years—the rule of law, individual lib- garding our share of dues in support of favor a Cold War embargo that has erties, and human rights. Our ambas- U.N. peacekeeping missions that the been exploited by the Cuban Govern- sador must not only maintain, but U.S.—Republican and Democratic ad- ment to justify its repressive policies strengthen our relationships with our ministrations—voted for, failing to ac- and that has hurt the Cuban people. allies. knowledge that we have a treaty obli- I have been a congressional delegate Unlike many past ambassadors to the gation to pay 28.5 percent of U.N. to the United Nations three times, U.N., Governor Nikki Haley has little peacekeeping costs. She made little after being nominated by Presidents of experience in foreign policy. But as mention of and gave little if any credit both Republican and Democratic par- Governor, she developed important ex- to the troop-contributing countries ties. I appreciated that opportunity be- perience building coalitions, and that themselves, other than to highlight in- cause I have long believed that it is in skill should serve her well as ambas- cidents of sexual exploitation and the strong interest of the United sador to the U.N. abuse. This is a critical issue that I and States to play an active, leadership Some positions that Governor Haley others here have been working with the role in the U.N. took during her confirmation hearing U.S. Mission to the U.N. to address, That is only possible if we, by far the give me pause. For example, Governor and progress is being made in devel- world’s wealthiest country, meet our Haley made some statements about the oping meaningful accountability proce- financial commitments. And it is only 2015 Iran nuclear agreement that indi- dures. possible if we build coalitions through cated unfamiliarity with the joint She stated that the cut-off of U.S. skillful diplomacy and refrain from the comprehensive plan of action. I am funding for UNESCO as a result of the tactics that some critics of the U.N. pleased, however, that Governor Haley vote of a majority of its members to advocate, such as bullying and ulti- distanced herself from some of Presi- accept Palestine as a member state, matums, which are often self-defeat- dent Trump’s most divisive positions, which led to our loss of influence, is a ing. and I will support her nomination. ‘‘good thing’’ and that she would con- I recognize that Governor Haley will Mr. GRAHAM. I suggest the absence tinue to support the cut-off of funding. be confirmed, and I wish her the best. of a quorum. She and I disagree about that and what I hope she becomes a great U.S. Ambas- The PRESIDING OFFICER. The it could mean for the future. I think sador. I urge her to seek out and lis- clerk will call the roll. even the Israeli Government has come tens to a wide range of views, particu- The senior assistant legislative clerk to recognize that it is better for the larly on controversial issues like the proceeded to call the roll. U.S. to be at the table, using our influ- Middle East, Iran, and how the U.S. Mr. CARDIN. Mr. President, I ask ence to deflect attempts to unfairly can best help make the U.N. work bet- unanimous consent that the order for target Israel, than on the sidelines. ter for everyone. the quorum call be rescinded. Governor Haley suggested that the I will do everything I can to support The PRESIDING OFFICER. Without U.S. may want to reconsider participa- Secretary General Guterres, the budget objection, it is so ordered. tion in and funding for the U.N. Human of the U.S. Mission to the U.N., and Mr. CARDIN. Mr. President, shortly Rights Council, despite overwhelming funding for U.N. agencies like the we will be voting on the U.S. Ambas- evidence that our role serves to protect World Food Program, the U.N. Devel- sador to the United Nations, Nikki our interests and has reduced substan- opment Program, UNICEF, the U.N. Haley. She went through her confirma- tially the council’s disproportionate Environment Program, the U.N. Popu- tion hearings at the Senate Foreign and wasteful focus on Israel. At no lation Fund, U.N. Women, the U.N. Relations Committee, and I had a time did she acknowledge the many Voluntary Fund for Victims of Tor- chance during those confirmation hear- council resolutions that are fully con- ture, and so many others that carry ings to ask her a series of questions. I sistent with U.S. interests or that the out lifesaving humanitarian and devel- have also had an opportunity to meet influence lost by the U.S. is simply opment programs around the world. with her and talk personally about her ceded to the very governments she op- And if there are other ways that I vision of the United Nations and the poses having a say in the council. can help soon-to-be Ambassador Haley United States’ role in how she would On the other hand, Governor Haley to defend the values and effectively ad- conduct her leadership at the United did repeatedly reject what she de- vance the interests of the United Nations. scribed as ‘‘slash and burn’’ tactics States at the U.N. and to bring about I must say, originally there was some when it comes to budget cutting, and needed reforms I will gladly do so. concern because of her lack of foreign on that, I fully agree with her. Mr. VAN HOLLEN. Mr. President, in policy experience, but I must tell you, She said she supports moving our em- 1945, at the close of World War II, the I was extremely impressed about her bassy to Jerusalem, although there is 50 Allied nations formed the United Na- competency as Governor of South no compelling need to do so, it is tions to help prevent another world Carolina—the work that she did, deal- strongly opposed by our ally Jordan, war. Since its founding, the U.N. has ing with some very difficult issues, in- would likely incite a violent reaction grown to 193 nations. While it has cluding a tragedy that occurred in her in Arab countries, and could do more many serious flaws, it has been an im- State, as well as dealing with the Con- to drive a nail in the coffin of what lit- portant tool for promoting peace, pro- federate flag and removing it from the tle remains of the Middle East peace tecting human rights, providing hu- State Capitol. process than anything else. manitarian assistance, and safe- She handled these issues with real In responses to written questions she guarding the environment. professionalism and sensitivity to all betrayed a serious lack of under- U.S. Ambassadors to the U.N. have communities, and during her confirma- standing about Cuba, its economy, and included some of America’s leading fig- tion hearing, she displayed a willing- the failures of the 55-year-old U.S. em- ures, including , Jr., ness to reach out, to understand more bargo. Indeed, if she were to apply her Adlai Stevenson, Arthur Goldberg, about world affairs, and to become answers regarding Cuba to other coun- George H.W. Bush, Daniel Patrick fully knowledgeable in these areas. She

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.049 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S429 exercised, I thought, a commitment support for the Assad regime and the Mr. CORKER. Mr. President, I ask and passion for the commitments that atrocities that have taken place in unanimous consent that the order for are important to this country—good that country, most recently in Aleppo. the quorum call be rescinded. governance, human rights, and democ- When we asked if she would charac- The PRESIDING OFFICER. Without racy. terize that type of conduct as war objection, it is so ordered. I was impressed during the confirma- crimes, without any equivocation she Mr. CORKER. Mr. President, I am tion hearing about her commitment to said: Absolutely—that this was a mat- going to speak only for a few minutes the importance of the United Nations ter that required international ac- so that we can have the vote occur at and the important work that it does. countability. 5:30, on time. I wanted to say that I am The United Nations, as we all know, I also brought up with her what was pleased to be here to support Governor does do work as peacekeepers to try to happening in the Philippines, one of Nikki Haley as our Ambassador to the avoid conflicts but also does an incred- our allies, where the President of the United Nations. ible job on humanitarian needs with Philippines, Mr. Duterte, has done The United Nations is at a crossroads refugee assistance, as well as the sus- extrajudicial killings and how she and really needs someone who is very tainable development goals that pro- would characterize that as gross viola- reform-minded for the United States to vide help to people around the world, tions of human rights. She agreed that lead our efforts in that regard. That increasing maternal health, reducing type of conduct cannot be tolerated, not only would benefit U.S. interests, infant mortality, dealing with women’s that we need to speak to whether they but candidly it would benefit the education needs. These original Sus- are friend or foe when they commit world. She is someone who has shown tainable Development Goals—origi- this type of conduct, that this is wrong that ability as Governor of South Caro- nally the Millennium Development and the United States must stand up lina. Goals, now the Sustainable Develop- for our principles. I was impressed by She also has a clarity about her as it ment Goals—have saved millions of the way that she spoke to those types relates to representing U.S. interests. lives. of issues. People on both sides of the aisle in our I must tell you, Governor Haley was One of the more telling questions committee were able to recognize that very mindful of this and very com- that we asked was whether she would her instincts relative to where the mitted to the United Nations and the support any registry for any subgroup United States needs to be on certain work that it does and the U.S. partici- of ethnic or religious Americans, and issues—I think most of us understand pation in the United Nations. She rec- she said: Absolutely not. that the United States leading on ognized that it is important that we We had, I thought, moral clarity in issues of human rights, leading on engage the international community in her response to some of the most im- issues of conscience, that the American the work that is done within the portant questions. I think all of us feel values we all hold dear and want to United Nations. that she has the passion to represent promote around the world are things When she was questioned about the United States and our views well at that she has the ability to commu- whether she thought it was a good idea the United Nations. nicate and cares deeply about, and I to slash funds to the United Nations in What was particularly important to think people were very impressed. order to make a point about votes that us is how she would speak out to power The United Nations has multiple we thought were unpopular, she said within the United Nations; that she issues relative to peacekeeping that no. She opposed that slash-and-burn had no problem in dealing with Mr. have not been addressed. Sexual expor- strategy; we need to engage and find Putin and calling his conduct exactly tation and abuse by peacekeepers have ways to leverage our participation to what it was and would not be intimi- been rampant, and things have not get more favorable results. dated by Mr. Putin saying ‘‘Well, you been done in that regard to curtail that I might tell you, she was very strong need me for some other issue’’; that we activity or at least not in the ways about her sensitivity that the United have to be clear that we will not tol- that they should, and I know she is Nations has not been fair to one of our erate that type of conduct that vio- very passionate about that issue. key allies, Israel, and she would be a lates basic human rights. There is no question that she is not strong voice to make sure those types She gave us confidence that, on be- the most adept person at foreign pol- of issues are dealt with and the United half of the American people, she would icy. She would be the first person to States uses all the tools at its disposal speak up in the Cabinet room with Mr. say that. She has spent most of her to fight against those types of bias and Trump and the Cabinet as to these val- time out of the country solely on eco- prejudice within the United Nations. ues. For all those reasons, it was a nomic development trips. I think where We have talked a great deal in our comfortable vote for me to support her the United Nations is today is at a committee about moral clarity from nomination and confirmation. place where we need a really driven our nominees, so there is no misunder- I do want to relay the fact that she person who cares about our own U.S. standing anywhere in the world that does represent the American story. She national interests but also has the abil- the United States stands for human is a daughter of immigrants who came ity to break through the clutter and rights, that the United States stands to this country at great risk in order to reform. against abuses that take place around seek a better life for their children. She has worked with legislators to the world, and that it will fight for de- She experienced some of the discrimi- bring people together, to make that mocracy in all parts of the world and nation against immigrant communities happen in her own State. She has had support those causes through our diplo- as she grew up in this country and an exemplary record in that regard. My macy, through our development assist- tried to participate in the business and guess is that is really the first effort ance, through our tools. political sphere. She overcame all of that needs to take place. Over time, She was very clear about the moral those types of challenges and is ex- through the relationships she develops certainty issue. Just to give a few ex- tremely sensitive, I think, to all the there, the travel that will take place, I amples, we talked a great deal about needs of Americans. am absolutely certain—especially with Russia and its conduct and what it is For all those reasons, I am proud to the drive that she has—she will develop doing in the United States about the recommend her to our colleagues on some of the other capacity that I know attack on our free election system. She both sides of the aisle. I hope we will she will want to utilize there at the was very clear about how outraged she support her confirmation. I think she United Nations. was with that type of conduct—what is the right person now to represent us I am here to recommend her. I look Russia has done in , its occupa- at the United Nations. For all those forward to supporting her. Our com- tion of Crimea. She acknowledged that reasons, I will support her nomination. mittee did so in a voice vote with only Crimea is not Russian, that it belongs With that, I suggest the absence of a two dissents. to Ukraine, and she spoke very strong- quorum. In spite of the fact that I am dis- ly about defending Ukraine’s rights The PRESIDING OFFICER. The appointed that we are handling our and sovereignty. clerk will call the roll. Secretary of State in a manner that is We talked specifically about what The senior assistant legislative clerk not in keeping with bipartisan prece- was happening in and Russia’s proceeded to call the roll. dent, and in spite of the fact that we

VerDate Sep 11 2014 03:09 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.038 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S430 CONGRESSIONAL RECORD — SENATE January 24, 2017 are not going to handle that in a way EXECUTIVE SESSION The PRESIDING OFFICER. Without that we should and could today, objection, it is so ordered. through a vote on that, I am appre- Mr. THUNE. Mr. President, I suggest ciative of the minority leader allowing EXECUTIVE CALENDAR the absence of a quorum. this vote to take place today, and I am Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. The glad she is going to be confirmed over- move to proceed to executive session to clerk will call the roll. whelmingly as our United Nations Am- consider Calendar No. 2, The senior assistant legislative clerk bassador. to be Secretary of State. proceeded to call the roll. With that, I yield the floor. The PRESIDING OFFICER. The Mr. LANKFORD. Mr. President, I ask unanimous consent that the order for The PRESIDING OFFICER (Mr. question is on agreeing to the motion. The motion was agreed to. the quorum call be rescinded. RUBIO). Under the previous order, the The PRESIDING OFFICER. The The PRESIDING OFFICER. Without question is, Will the Senate advise and clerk will report the nomination. objection, it is so ordered. consent to the Haley nominations en The senior assistant legislative clerk Mr. LANKFORD. Mr. President, I ask bloc? read the nomination of Rex W. unanimous consent that the order for Mr. CORKER. Mr. President, I ask Tillerson, of Texas, to be Secretary of consideration of the Chao nomination for the yeas and nays. State. be modified to occur on Tuesday, Janu- The PRESIDING OFFICER. Is there a CLOTURE MOTION ary 31. sufficient second? Mr. MCCONNELL. Mr. President, I The PRESIDING OFFICER. Without There appears to be a sufficient sec- send a cloture motion to the desk. objection, it is so ordered. ond. The PRESIDING OFFICER. The clo- REPLACING OBAMACARE The clerk will call the roll. ture motion having been presented Mr. LANKFORD. Mr. President, in 2010, when I ran for Congress, all the The senior assistant legislative clerk under rule XXII, the Chair directs the questions circled around the Affordable called the roll. clerk to read the motion. The assistant bill clerk read as fol- Care Act. Every townhall meeting, The result was announced—yeas 96, lows: every conversation, everyone who nays 4, as follows: CLOTURE MOTION caught me in the grocery store, every- [Rollcall Vote No. 33 Ex.] We, the undersigned Senators, in accord- where I went there was a conversation YEAS—96 ance with the provisions of rule XXII of the about the Affordable Care Act. What is Alexander Flake Murphy Standing Rules of the Senate, do hereby going to happen? Where are things Baldwin Franken Murray move to bring to a close debate on the nomi- going to go? And there was a lot of con- Barrasso Gardner Nelson nation of Rex W. Tillerson, of Texas, to be cern about it. Bennet Gillibrand Paul Secretary of State. The President promised at the time Blumenthal Graham Perdue Mitch McConnell, , Richard that if you liked your insurance, your Blunt Grassley Peters Burr, Tom Cotton, Jerry Moran, Pat Booker Harris Portman Roberts, James Lankford, Johnny doctor, and your hospital, you would Boozman Hassan Reed Isakson, Bob Corker, Orrin G. Hatch, keep it, and it would just get better. Brown Hatch Risch Prices would go down; options for in- Burr Heitkamp Roberts Thom Tillis, Dan Sullivan, David Cantwell Heller Rounds Perdue, James M. Inhofe, Deb Fischer, surance would go up. There would be Capito Hirono Rubio Cory Gardner, John Barrasso. marketplaces where more and more Cardin Hoeven Sasse Mr. MCCONNELL. I ask unanimous companies would rush in, and that Carper Inhofe Schatz Casey Isakson Schumer consent that the mandatory quorum would drive the prices down. Cassidy Johnson Scott call with respect to the cloture motion Now, 7 years later, the greatest fears Cochran Kaine Sessions be waived. of a lot of the Oklahomans I am around Collins Kennedy Shaheen all the time have come true. Here is Corker King Shelby The PRESIDING OFFICER. Without Cornyn Klobuchar Stabenow objection, it is so ordered. the crisis in Oklahoma dealing with Cortez Masto Lankford Sullivan Mr. MCCONNELL. I suggest the ab- health care: We have the highest rate Cotton Leahy Tester sence of a quorum. increase in the entire Nation. Last Crapo Lee Thune Cruz Manchin Tillis The PRESIDING OFFICER. The year, our rates went up in Oklahoma 76 Daines Markey Toomey clerk will call the roll. percent; the year before that, they Donnelly McCain Van Hollen The senior assistant legislative clerk went up 35 percent. That is an 111-per- Duckworth McCaskill Warner proceeded to call the roll. cent rate increase in 2 years in my Durbin McConnell Warren Enzi Menendez Whitehouse Mr. THUNE. Mr. President, I ask State. Over the course of the last 3 Ernst Merkley Wicker unanimous consent that the order for years, insurance companies have left Feinstein Moran Wyden the quorum call be rescinded. my State. All 77 counties of Oklahoma Fischer Murkowski Young The PRESIDING OFFICER. Without now have one insurance carrier left. I NAYS—4 objection, it is so ordered. met with that insurance carrier before, Coons Sanders UNANIMOUS CONSENT AGREEMENT—EXECUTIVE and they are seriously looking at how Heinrich Udall CALENDAR they stay functional in Oklahoma in Mr. THUNE. Mr. President, I ask the days ahead, which is a concern to The nominations were confirmed. unanimous consent that notwith- me. There is a possibility that we may The PRESIDING OFFICER. Under standing rule XXII, at 12 noon on Tues- have zero on our marketplace in some the previous order, the motions to re- day, January 30, the Senate proceed to counties and in some locations in Okla- consider are considered made and laid executive session for the consideration homa. upon the table and the President will of Executive Calendar No. 4. I further With a 76-percent increase, I have be immediately notified of the Senate’s ask that there be 20 minutes of debate had some folks who caught me and action. on the nomination, equally divided in said: Well, your State didn’t expand The majority leader. the usual form, and that following the Medicaid. That is the problem. If you use or yielding back of time, the Sen- had expanded Medicaid, then it f ate vote on the nomination with no in- wouldn’t have been an issue. Well, I tervening action or debate; that if con- will tell you that a study from HHS has LEGISLATIVE SESSION firmed, the motion to reconsider be now come back, and they have con- considered made and laid upon the firmed that it is true. If our State Mr. MCCONNELL. Mr. President, I table; that the President be imme- would have expanded Medicaid, it move that the Senate proceed to legis- diately notified of the Senate’s action; would have reduced our costs by 7 per- lative session. that no further motions be in order; cent. That means instead of having a The PRESIDING OFFICER. The and that any statements relating to 76-percent increase, as we had, we question is on agreeing to the motion. the nomination be printed in the would have had only a 69-percent in- The motion was agreed to. RECORD. crease of health care costs in our

VerDate Sep 11 2014 03:56 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.040 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S431 State. Zero competition, dramatically My husband and I have had Healthcare the year or have been a part of the ex- higher deductibles, dramatically high- Marketplace health insurance for the past 3 pansion of Medicaid. Of those 14 mil- er premiums—every hospital in my years. The first year my monthly premium lion people, 11.8 million gained addi- State, rural and urban, has more char- was over $1,200.00, this year I pay $1,923.84 tional coverage from Medicaid, not monthly. Now I get a letter from [my health ity care now and more bad debt now insurance carrier] that my monthly pre- from the exchanges, and, of that, al- than they had 7 years ago. mium will [go up next year to] $3,540.07. That most 12 million people got expanded Insure Oklahoma, a program we set is an increase of approx. 84%. . . . How is this coverage from Medicaid. Jonathan up a decade ago to take care of people possible? Why can’t anything be done about Gruber, as one of the architects of who did not have access to insurance, this? ObamaCare, made the statement that continues to falter because my State is When individuals ask me about from their own studies, the vast major- playing ‘‘Mother May I?’’ every year ObamaCare, they say: You are just ar- ity of those people who were added to with the Federal Government on guing about something because of dis- Medicaid weren’t added to Medicaid be- whether we can maintain a program dain for the President. No, this is what cause of expanded coverage; they were that our State had and was growing. we have disdain for; this is what people added to Medicaid because of pro- Small risk pools are not allowed. Peo- are frustrated about: People who work, motions through advertising. They ple still don’t know the price of their people who pay for their health care in- were already eligible for Medicaid. health care. Electronic health records surance cannot pay their mortgage and So we are talking about 6 million still can’t talk to each other. There is their health insurance anymore be- people or so that have been added to it. still a rise in the cost of prescription cause they are literally priced out of it. I am not belittling those 6 million peo- drugs. We still have overlapping ad- This is what Bill Clinton meant in Oc- ple; that is a lot of people. But it is not ministrative costs on dual eligibles, tober of last year when he made this 20 million, and it is not 30 million. Medicare and Medicaid, for senior statement: So now what? As people address this adults. Compliance costs for our doc- So you’ve got this crazy system where all to me, they ask about what just hap- tors, clinics, and hospitals have sky- of a sudden 25 million more people have pened on January 6 when the Senate rocketed. Physician-owned hospitals, health care and then the people who are out and later when the House voted to which we have quite a few of in Okla- there busting it, sometimes 60 hours a week, start the legislative process to repeal homa, have been cut off and limited wind up with their premiums doubled and ObamaCare. What happened was we since 2010 and are slowly struggling their coverage cut in half. It’s the craziest just actually started the process. It just to be able to stay afloat. Fewer thing in the world. wasn’t a total repeal. No one has been doctors are taking Medicare and Med- I could not agree with Bill Clinton thrown out. It starts a legislative proc- icaid patients. more on that because that is exactly ess. On the horizon, it gets even worse be- what is happening in Oklahoma. As we start that legislative process cause most people don’t realize that But now, here is what is happening of what is called reconciliation and as the Affordable Care Act was because for years Americans and Okla- we work through that process, it is a backloaded and that the worst of the homans have said: We have to do some- very simple process. It starts the open- worst of it wouldn’t be for several thing to stop this. It is choking out my ing conversation to work through com- years out. Well, guess what. It is now family. mittees, to work through debate on the several years out. We are finally at a point we are going floor so that in the days ahead we will Union households in my State are to do something about it, but I have bring a full repeal of ObamaCare and a about to take a major hit with the Cad- colleagues who are now spreading fear replacement. But that replacement is illac tax that is coming because union all over the country that suddenly ev- not going to be a 2,700-page bill to re- households in my State have insurance eryone is going to be thrown off their place the previous 2,700-page bill. It that is too good, and those individuals insurance and we are going to have will be a series of solutions, and it will will face a tax increase. people living out on the streets with- deal with things on a long-term basis. The insurance company tax is com- out coverage. There was no vote to suddenly end ing, which is a massive tax increase on I have heard on the floor of this Sen- people’s health care in one day. This insurance companies. They will pass ate that 30 million people could die if begins a transition point to make sure that cost directly down to consumers, we repeal ObamaCare. I have heard 20 that we are watching out for those in- so it will go up again. We continue to million people will lose their insur- dividuals, such as those cancer pa- fight off the Independent Payment Ad- ance. I have heard there is no replace- tients, diabetics, and individuals who visory Board, a board specifically set ment plan, and people will get sick be- are in very vulnerable situations and up to be able to cut options for pa- cause their coverage will be gone. over the next couple of years will be tients if they cost too much. That is Well, let me just go through a couple able to transition to other care. We are still out there on the horizon, not to of those because there are people call- watching to make sure this is not some mention the tax penalties that go up ing my office and writing me who are sudden shift for those individuals. even more next year. very concerned. They are cancer pa- There are very vulnerable people who People ask me: Why are you still fo- tients, they are diabetics, they are peo- are in health care options right now cused on repealing ObamaCare? Why is ple with long-term blood diseases, they and need to know that there is still this such a big deal? It is because the are people who have difficulty getting that safety net there for them and that people in my State are struggling insurance, and they are being told: All moving forward, we will continue to be under the negative effects of this, and those mean Republicans up there don’t able to watch for them. it has to be dealt with. Let me just like you and don’t care about you, and We want to be able to move a lot of give you a couple of real life stories. all they want to do is throw you out on those decisions back to the States. An Oklahoman from Altus, OK, in the street. When people say that, it Quite frankly, that is where those deci- the southwest part of my State wrote couldn’t be further from the truth. It sions were before. And we want to be me and he said: may make for good politics, but it is able to allow those individuals who are Senator Lankford, I came home tonight using people who are in a very vulner- in very vulnerable situations to seek . . . having finished cotton harvest and look- able spot in a negative way. out the doctor they want, to get the ing forward to celebrating with my wife and First, let me get a couple of facts options for health care coverage they kids. I was greeted at the supper table with straight. This ‘‘30 million’’ number want, and to have greater access to somber news about our health care pre- that is being thrown around—even past miums from my distraught wife. Our pre- health insurance, not less. mium is going from $960 a month to $1,755 President Obama doesn’t agree with The people in my State who had been per month! That’s with a deductible of $6,000. that. It is not 30 million; in fact, it is added and who received those subsidies I can’t even process how to handle this. I not 20 million. It is 14 million people are grateful to be able to have health think I’m through. Done with any hope of a who gained access to health care cov- care, but there are also individuals in bright future for my family. erage, if you count the people who have my State who can now literally no An Oklahoman from Poteau, OK, actually gained coverage and paid for longer afford to have health care be- wrote me and said: their premiums through the course of cause they have been priced out of the

VerDate Sep 11 2014 03:56 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.044 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S432 CONGRESSIONAL RECORD — SENATE January 24, 2017 market, and they are stuck. people to choose their own health care. has raised the institution’s profile ObamaCare moved the system from one Why is that so radical? It used to not across the Nation and around the uninsured group of people to now an- be. world. Thanks to his recruitment ef- other uninsured group of people. There are things that need to be forts, the Smithsonian advisory boards Let me read a statement coming fixed, but it begins with giving the are more diverse, more dynamic, and from a person from Oklahoma who power of the decision back to the pa- more engaged than ever before. said: tient and back to people, where it Through all of these initiatives, John My wife and I will be going without health needs to be. has pushed the Smithsonian to be more insurance next year! I do not resent anyone With that, I yield the floor. ambitious and to renew its commit- who is able to afford healthcare, I just resent The PRESIDING OFFICER (Mr. SUL- ment to ‘‘the increase and diffusion of a government system that causes [us] to be LIVAN). The majority leader. knowledge.’’ priced out of the reach of working people. I want to thank John for his excep- f Why is it we can argue about tional leadership as chairman of the ObamaCare and people can say those LEGISLATIVE SESSION board of regents, and I look forward to individuals got coverage and people are working with him through the remain- not paying attention to a whole new der of his term as a regent. group of Americans who no longer have MORNING BUSINESS Dr. Shirley Ann Jackson of New York coverage because they literally have Mr. MCCONNELL. Mr. President, I is the president of Rensselaer Poly- been priced out of the market? ask unanimous consent that the Sen- technic Institute. She was appointed as Why is it that for the sake of 6 mil- ate be in a period of morning business, a regent in 2005 and has served as board lion people, we have affected the cost with Senators permitted to speak and executive committee vice chair of health care for millions and millions therein for up to 10 minutes each. since 2013. of other Americans? The PRESIDING OFFICER. Without Shirley was the regents’ representa- We can do this transition. We will do objection, it is so ordered. tive for the successful events that opened the Smithsonian’s 19th mu- this transition. It will take a couple of f years. It is not going to be rapid, and seum, the National Museum of African TRIBUTE TO JOHN MCCARTER, JR., there will be a large debate that will American History and Culture, in Sep- AND SHIRLEY ANN JACKSON happen nationally in the process. That tember 2016. Alongside other notable is appropriate, but allow us to be able Mr. LEAHY. Mr. President, I want to guests, Shirley helped inaugurate the to walk through this process together. take a moment to recognize two excep- newest Smithsonian museum by deliv- One quick illustration and then I will tional members of the Smithsonian In- ering remarks at the museum’s dedica- be done. I have a friend who discovered stitution’s board of regents: John W. tion ceremony. As she noted during her last year that she had mold in her McCarter, who has served as chair of speech, the museum furthers ‘‘the house. Initially, there were some treat- the board, and Shirley Ann Jackson, Smithsonian’s founding mission, to ments that were done. She had been who has served as the vice chair. I have promote ‘the increase and diffusion of very sick for a while and didn’t know had the honor of serving with both of knowledge,’ by opening a museum dedi- why. They did treatments to the house them and believe that their dedication cated to the African-American experi- and such and thought that would settle and leadership have greatly benefitted ence in the United States, and its cru- it. It didn’t. Eventually, she had to the Smithsonian. Both are stepping cial place in the American experience.’’ Shirley has a remarkable life story: move out of her own home. down from their roles, and while John She was the first African-American Now they have had to actually strip will continue to serve on the board, woman to earn a doctorate from MIT, out the walls and take out all the Shirley will be moving on to dedicate and since 1999, she has served as the sheetrock. They are literally replacing her considerable talents to other ini- president of Rensselaer Polytechnic In- studs and everything in the house. It tiatives. stitute—marking the first time an Af- will be a long-term issue to be able to John W. McCarter, Jr., of Illinois has rican-American woman has led a top get it all right. had a long and distinguished career. He research university. She was also the I tell that simple story to say that was first appointed as a regent in 2009 first woman and the first African- anyone who says replacing health care and was elected chair in 2013. In addi- American to serve as chair of the U.S. is going to be some simple ‘‘spray ev- tion, John has lent his expertise and Nuclear Regulatory Commission. Shir- wisdom to a number of the regents’ erything down and that will fix it’’ ley is emblematic of everything the other committees. strategy just doesn’t understand the Museum was founded to celebrate difficulties of the American health care During his tenure, John has overseen about the African-American experi- system. This will be much like my a number of important strategic initia- ence, and we were proud to have her friend who is having to do a pretty rad- tives, including the search for the serve as the board’s representative at ical transition that is going to take a Smithsonian’s 13th secretary; the de- all of the opening ceremonies. long time, but that will actually get velopment of the Institution’s relation- The Smithsonian has also benefitted her house whole and healthy again. ship with the Victoria & Albert Mu- from Shirley’s demonstrated commit- If we want to have a healthy nation seum in London; the reopening of the ment to the sciences. As a trained again with people who have access to Arts and Industries Building to the physicist, she is particularly pas- health care, regardless of what class American public; and most recently, sionate about inspiring the next gen- they are in, it is going to take a while the opening of the National Museum of eration of scientists and conservation- to make this transition, and it will be African American History and Culture. ists. As vice chair, she has been a difficult in the process. But I can as- These opportunities will help to ensure staunch advocate for the sure my colleagues that this Congress the Smithsonian’s continued success. Smithsonian’s scientific researchers, is watching out for all people, of all John also led the charge in reopening trumpeting their successes and invit- ethnicities, of all neighborhoods, of all the historic Arts and Industries Build- ing them to speak at Rensselaer. She diseases, to make sure that we are pay- ing on the National Mall to the public. has made a point of going beyond the ing attention to this one simple thing: The building, shuttered since 2004, was brick and mortar of the Smithsonian When ObamaCare was put into place, it reopened to the public for the sec- museums to visit the Smithsonian’s punished people. We should encourage retary’s installation ceremony in Octo- many research centers, including the people to be able to get health care, ber 2015 and was the site of a very suc- Smithsonian Tropical Research Center and we should be able to walk through cessful pop-up cultural exhibition over in Panama. it with people in their most vulnerable Memorial Day weekend in May 2016. This past year, Secretary David moments and make sure they are able John’s vision and leadership have made Skorton tapped into Shirley’s exten- to make personal decisions, have ac- this national treasure available to the sive leadership and management expe- cess to their own doctors, have access American people once more. rience, asking her to cochair the insti- to hospitals that can afford to stay A tireless advocate for the Smithso- tution’s initiative to create a new stra- afloat, and to provide the ability for nian in his home State of Illinois, John tegic plan for 2017–2022. Shirley has

VerDate Sep 11 2014 05:22 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.045 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S433 rolled up her sleeves, asking tough electronic format, at least 3 business days committee, or by a majority vote of the Sub- questions and meeting with a variety prior to the commencement of such session, committee. of stakeholders regarding the institu- or [2] the Chairman of the Committee or [f] Interrogation of witnesses.—Sub- committee interrogation of a witness shall tion’s priorities for the next 5 years. As Subcommittee determines that exigent cir- cumstances exist requiring that the session be conducted only by members of the Sub- a chief architect of this plan, Shirley be held sooner. committee or such professional staff as is au- will be instrumental in charting the fu- [fl Prior notice of first degree amend- thorized by the Chairman or the Ranking ture of the institution long after she ments.—It shall not be in order for the Com- Member of the Subcommittee. has left the board of regents. mittee or a Subcommittee to consider any [g] Special meetings.—If at least three As a member of the board of regents, amendment in the first degree proposed to members of a Subcommittee desire that a special meeting of the Subcommittee be it has been my honor to serve alongside any measure under consideration by the Committee or Subcommittee unless fifty called by the Chairman of the Sub- Shirley. I believe her contributions to committee, those members may file in the the Smithsonian community will be written copies of such amendment have been delivered to the office of the Committee at offices of the Committee their written re- witnessed and appreciated by genera- least 2 business days prior to the meeting. It quest to the Chairman of the Subcommittee tions to come. shall be in order, without prior notice, for a for that special meeting. Immediately upon the filing of the request, the Clerk of the f Senator to offer a motion to strike a single section of any measure under consideration. Committee shall notify the Chairman of the COMMITTEE ON BANKING, Such a motion to strike a section of the Subcommittee of the filing of the request. If, HOUSING, AND URBAN AFFAIRS measure under consideration by the Com- within 3 calendar days after the filing of the mittee or Subcommittee shall not be amend- request, the Chairman of the Subcommittee able. This section may be waived by a major- does not call the requested special meeting, to be held within 7 calendar days after the RULES OF PROCEDURE ity of the members of the Committee or Sub- committee voting, or by agreement of the filing of the request, a majority of the mem- bers of the Subcommittee may file in the of- Mr. CRAPO. Mr. President, the Com- Chairman and Ranking Member. This sub- fices of the Committee their written notice mittee on Banking, Housing, and section shall apply only when the conditions that a special meeting of the Subcommittee Urban Affairs has adopted rules gov- of subsection [e][1] have been met. will be held, specifying the date and hour of erning its procedures for the 115th Con- [g] Cordon rule.—Whenever a bill or joint that special meeting. The Subcommittee resolution repealing or amending any stat- gress. Pursuant to rule XXVI, para- shall meet on that date and hour. Imme- ute or part thereof shall be before the Com- graph 2, of the Standing Rules of the diately upon the filing of the notice, the mittee or Subcommittee, from initial consid- Senate, on behalf of myself and Sen- Clerk of the Committee shall notify all eration in hearings through final consider- members of the Subcommittee that such spe- ator BROWN, I ask unanimous consent ation, the Clerk shall place before each cial meeting will be held and inform them of that a cony of the committee rules be member of the Committee or Subcommittee its date and hour. If the Chairman of the printed in the RECORD. a print of the statute or the part or section Subcommittee is not present at any regular thereof to be amended or repealed showing RULES OF PROCEDURE FOR THE COM- or special meeting of the Subcommittee, the MITTEE ON BANKING, HOUSING, AND by stricken-through type, the part or parts Ranking Member of the majority party on URBAN AFFAIRS to be omitted, and in italics, the matter pro- the Subcommittee who is present shall pre- [Amended February 24, 2009] posed to be added. In addition, whenever a side at that meeting. member of the Committee or Subcommittee [h] Voting.—No measure or matter shall be RULE 1.—REGULAR MEETING DATE FOR offers an amendment to a bill or joint resolu- COMMITTEE recommended from a Subcommittee to the tion under consideration, those amendments Committee unless a majority of the Sub- The regular meeting day for the Com- shall be presented to the Committee or Sub- committee are actually present. The vote of mittee to transact its business shall be the committee in a like form, showing by typo- the Subcommittee to recommend a measure last Tuesday in each month that the Senate graphical devices the effect of the proposed or matter to the Committee shall require the is in Session; except that if the Committee amendment on existing law. The require- concurrence of a majority of the members of has met at any time during the month prior ments of this subsection may be waived the Subcommittee voting. On Subcommittee to the last Tuesday of the month, the regular when, in the opinion of the Committee or matters other than a vote to recommend a meeting of the Committee may be canceled Subcommittee Chairman, it is necessary to measure or matter to the Committee no at the discretion of the Chairman. expedite the business of the Committee or record vote shall be taken unless a majority RULE 2.—COMMITTEE Subcommittee. of the Subcommittee is actually present. [a] Investigations.—No investigation shall RULE 3.—SUBCOMMITTEES Any absent member of a Subcommittee may be initiated by the Committee unless the [a] Authorization for.—A Subcommittee of affirmatively request that his or her vote to Senate, or the full Committee, or the Chair- the Committee may be authorized only by recommend a measure or matter to the Com- man and Ranking Member have specifically the action of a majority of the Committee. mittee or his vote on any such other matters authorized such investigation. [b] Membership.—No member may be a on which a record vote is taken, be cast by [b] Hearings.—No hearing of the Com- member of more than three Subcommittees proxy. The proxy shall be in writing and mittee shall be scheduled outside the Dis- and no member may chair more than one shall be sufficiently clear to identify the trict of Columbia except by agreement be- Subcommittee. No member will receive as- subject matter and to inform the Sub- tween the Chairman of the Committee and signment to a second Subcommittee until, in committee as to how the member wishes his the Ranking Member of the Committee or by order of seniority, all members of the Com- or her vote to be recorded thereon. By writ- a majority vote of the Committee. mittee have chosen assignments to one Sub- ten notice to the Chairman of the Sub- [c] Confidential testimony.—No confiden- committee, and no member shall receive as- committee any time before the record vote tial testimony taken or confidential mate- signment to a third Subcommittee until, in on the measure or matter concerned is rial presented at an executive session of the order of seniority, all members have chosen taken, the member may withdraw a proxy Committee or any report of the proceedings assignments to two Subcommittees. previously given. All proxies shall be kept in of such executive session shall be made pub- [c] Investigations.—No investigation shall the files of the Committee. lic either in whole or in part or by way of be initiated by a Subcommittee unless the RULE 4.—WITNESSES summary, unless specifically authorized by Senate or the full Committee has specifi- [a] Filing of statements.—Any witness ap- the Chairman of the Committee and the cally authorized such investigation. pearing before the Committee or Sub- Ranking Member of the Committee or by a [d] Hearings.—No hearing of a Sub- committee [including any witness rep- majority vote of the Committee. committee shall be scheduled outside the resenting a Government agency] must file [d] Interrogation of witnesses.—Committee District of Columbia without prior consulta- with the Committee or Subcommittee [24 interrogation of a witness shall be conducted tion with the Chairman and then only by hours preceding his or her appearance] 75 only by members of the Committee or such agreement between the Chairman of the Sub- copies of his or her statement to the Com- professional staff as is authorized by the committee and the Ranking Member of the mittee or Subcommittee, and the statement Chairman or the Ranking Member of the Subcommittee or by a majority vote of the must include a brief summary of the testi- Committee. Subcommittee. mony. In the event that the witness fails to [e] Prior notice of markup sessions.—No [e] Confidential testimony.—No confiden- file a written statement and brief summary session of the Committee or a Subcommittee tial testimony taken or confidential mate- in accordance with this rule, the Chairman for marking up any measure shall be held rial presented at an executive session of the of the Committee or Subcommittee has the unless [1] each member of the Committee or Subcommittee or any report of the pro- discretion to deny the witness the privilege the Subcommittee, as the case may be, has ceedings of such executive session shall be of testifying before the Committee or Sub- been notified in writing via electronic mail made public, either in whole or in part or by committee until the witness has properly or paper mail of the date, time, and place of way of summary, unless specifically author- complied with the rule. such session and has been furnished a copy of ized by the Chairman of the Subcommittee [b] Length of statements.—Written state- the measure to be considered, in a searchable and the Ranking Member of the Sub- ments properly filed with the Committee or

VerDate Sep 11 2014 05:22 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.034 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S434 CONGRESSIONAL RECORD — SENATE January 24, 2017 Subcommittee may be as lengthy as the wit- shall be in writing and shall be sufficiently Urban Affairs, February 4, 1981, establish a ness desires and may contain such docu- clear to identify the subject matter, and to uniform questionnaire for all Presidential ments or other addenda as the witness feels inform the Committee as to how the member nominees whose confirmation hearings come is necessary to present properly his or her wishes his or her vote to be recorded there- before this Committee. views to the Committee or Subcommittee. on. By written notice to the Chairman any In addition, the procedures establish that: The brief summary included in the state- time before the vote on such other matter is [1] A confirmation hearing shall normally ment must be no more than 3 pages long. It taken, the member may withdraw a proxy be held at least 5 days after receipt of the shall be left to the discretion of the Chair- previously given. All proxies relating to such completed questionnaire by the Committee man of the Committee or Subcommittee as other matters shall be kept in the files of the unless waived by a majority vote of the Com- to what portion of the documents presented Committee. mittee. [2] The Committee shall vote on the con- to the Committee or Subcommittee shall be RULE 6.—QUORUM published in the printed transcript of the firmation not less than 24 hours after the No executive session of the Committee or a Committee has received transcripts of the hearings. Subcommittee shall be called to order unless [c] Ten-minute duration.—Oral statements hearing unless waived by unanimous con- a majority of the Committee or Sub- of witnesses shall be based upon their filed sent. committee, as the case may be, are actually statements but shall be limited to 10 min- [3] All nominees routinely shall testify present. Unless the Committee otherwise utes duration. This period may be limited or under oath at their confirmation hearings. provides or is required by the Rules of the extended at the discretion of the Chairman This questionnaire shall be made a part of Senate, one member shall constitute a presiding at the hearings. the public record except for financial infor- quorum for the receipt of evidence, the [d] Subpoena of witnesses.—Witnesses may mation, which shall be kept confidential. swearing in of witnesses, and the taking of be subpoenaed by the Chairman of the Com- Nominees are requested to answer all ques- testimony. mittee or a Subcommittee with the agree- tions, and to add additional pages where nec- ment of the Ranking Member of the Com- RULE 7.—STAFF PRESENT ON DAIS essary. mittee or Subcommittee or by a majority Only members and the Clerk of the Com- f mittee shall be permitted on the dais during vote of the Committee or Subcommittee. COMMITTEE ON BANKING, [e] Counsel permitted.—Any witness sub- public or executive hearings, except that a poenaed by the Committee or Subcommittee member may have one staff person accom- HOUSING, AND URBAN AFFAIRS to a public or executive hearing may be ac- pany him or her during such public or execu- companied by counsel of his or her own tive hearing on the dais. If a member desires choosing who shall be permitted, while the a second staff person to accompany him or SUBCOMMITTEE MEMBERSHIP AND witness is testifying, to advise him or her of her on the dais he or she must make a re- SUBCOMMITTEE JURISDICTION his or her legal rights. quest to the Chairman for that purpose. Mr. CRAPO. I ask unanimous consent [f] Expenses of witnesses.—No witness shall RULE 8.—COINAGE LEGISLATION that the subcommittee membership be reimbursed for his or her appearance at a At least 67 Senators must cosponsor any and subcommittee jurisdiction of the public or executive hearing before the Com- gold medal or commemorative coin bill or mittee or Subcommittee unless such reim- U.S. Senate Committee on Banking, resolution before consideration by the Com- Housing, and Urban Affairs, which was bursement is agreed to by the Chairman and mittee. Ranking Member of the Committee. approved by the committee at today’s [g] Limits of questions.—Questioning of a EXTRACTS FROM THE STANDING RULES executive session, be printed in the OF THE SENATE witness by members shall be limited to 5 RECORD. minutes duration when 5 or more members RULE XXV, STANDING COMMITTEES There being no objection, the mate- are present and 10 minutes duration when 1. The following standing committees shall rial was ordered to be printed in the less than 5 members are present, except that be appointed at the commencement of each RECORD, as follows: if a member is unable to finish his or her Congress, and shall continue and have the SUBCOMMITTEE JURISDICTION OF THE COM- questioning in this period, he or she may be power to act until their successors are ap- MITTEE ON BANKING, HOUSING, AND URBAN permitted further questions of the witness pointed, with leave to report by bill or other- AFFAIRS after all members have been given an oppor- wise on matters within their respective ju- tunity to question the witness. risdictions: 115TH CONGRESS Additional opportunity to question a wit- ***** Any subcommittee issue is available at ness shall be limited to a duration of 5 min- any time for full Committee consideration [d][1] Committee on Banking, Housing, and utes until all members have been given the where appropriate, as determined by the Urban Affairs, to which committee shall be opportunity of questioning the witness for a Chairman in consultation with the other referred all proposed legislation, messages, second time. This 5-minute period per mem- members of the Committee. All mark-ups of petitions, memorials, and other matters re- ber will be continued until all members have legislation and consideration of nominations lating to the following subjects: exhausted their questions of the witness. would take place at the full Committee 1. Banks, banking, and financial institu- level. RULE 5.—VOTING tions. [a] Vote to report a measure or matter.— 2. Control of prices of commodities, rents, SUBCOMMITTEE ON SECURITIES, INSURANCE, AND No measure or matter shall be reported from and services. INVESTMENT the Committee unless a majority of the 3. Deposit insurance. Securities, annuities, and other financial Committee is actually present. The vote of 4. Economic stabilization and defense pro- investments; SEC: SIPC: CFTC (single stock the Committee to report a measure or mat- duction. futures and other financial instruments ter shall require the concurrence of a major- 5. Export and foreign trade promotion. within CFTC jurisdiction); Government secu- ity of the members of the Committee who 6. Export controls. rities; Fannie Mae, Freddie Mac; Financial are present. 7. Federal monetary policy, including Fed- exchanges and markets; Financial deriva- Any absent member may affirmatively re- eral Reserve System. tives; Accounting standards; Insurance. quest that his or her vote to report a matter 8. Financial aid to commerce and industry. SUBCOMMITTEE ON FINANCIAL INSTITUTIONS be cast by proxy. The proxy shall be suffi- 9. Issuance and redemption of notes. AND CONSUMER PROTECTION 10. Money and credit, including currency ciently clear to identify the subject matter, Banks, savings associations, credit unions, and coinage. and to inform the Committee as to how the and other financial institutions; Deposit In- member wishes his vote to be recorded there- 11. Nursing home construction. 12. Public and private housing [including surance; Federal Home Loan Bank System; on. By written notice to the Chairman any Regulatory activities of the Federal Reserve time before the record vote on the measure veterans’ housing]. 13. Renegotiation of Government con- System; OCC, FDIC, NCUA; E-commerce; or matter concerned is taken, any member Consumer Financial Protection Bureau. may withdraw a proxy previously given. All tracts. 14. Urban development and urban mass SUBCOMMITTEE ON NATIONAL SECURITY AND proxies shall be kept in the files of the Com- transit. INTERNATIONAL TRADE AND FINANCE mittee, along with the record of the rollcall [2] Such committee shall also study and re- vote of the members present and voting, as Export and foreign trade promotion; Ex- view, on a comprehensive basis, matters re- an official record of the vote on the measure port controls; Export financing; Inter- lating to international economic policy as it or matter. national economic policy; International fi- affects United States monetary affairs, cred- [b] Vote on matters other than to report a nancial and development institutions; Ex- it, and financial institutions; economic measure or matter.—On Committee matters port-Import Bank; International Trade Ad- growth, urban affairs, and credit, and report other than a vote to report a measure or ministration; Bureau of Export Administra- thereon from time to time. matter, no record vote shall be taken unless tion; Defense Production Act. a majority of the Committee are actually COMMITTEE PROCEDURES FOR PRESIDENTIAL SUBCOMMITTEE ON ECONOMIC POLICY present. On any such other matter, a mem- NOMINEES Economic growth, employment and price ber of the Committee may request that his Procedures formally adopted by the U.S. stability; Monetary policy, including mone- or her vote may be cast by proxy. The proxy Senate Committee on Banking, Housing, and tary policy functions of the Federal Reserve

VerDate Sep 11 2014 03:56 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.053 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S435 System; Financial Stability Oversight Coun- graph 2, of the Standing Rules of the committee, as applicable, may permit the sel; Office of Financial Research; Council of Senate, I ask unanimous consent that witness to testify, or deny the witness the Economic Advisors; Money and credit, in- the rules for the Senate Committee on privilege of testifying before the Committee, cluding currency, coinage and notes; Control Commerce, Science, and Transpor- or permit the witness to testify in response of prices of commodities, rents and services; to questions from members without the ben- Economic stabilization; Financial aid to tation be printed in the RECORD. efit of giving an opening statement. commerce and industry; Loan guarantees; There being no objection, the mate- 4. FIELD HEARINGS.—Field hearings of the Flood insurance; Disaster assistance; Small rial was ordered to be printed in the full Committee, and any subcommittee Business Lending. RECORD, as follows: thereof, shall be scheduled only when au- SUBCOMMITTEE ON HOUSING, TRANSPORTATION, RULES OF THE COMMITTEE ON COM- thorized by the Chairman and ranking mi- AND COMMUNITY DEVELOPMENT MERCE, SCIENCE, AND TRANSPOR- nority member of the full Committee. Urban mass transit, urban affairs and de- TATION RULE II—QUORUMS velopment; Federal Transit Administration; 115TH CONGRESS 1. BILLS, RESOLUTIONS, AND NOMINATIONS.— HUD; Affordable Housing; Foreclosure Miti- A majority of the members, which includes RULE I—MEETINGS OF THE COMMITTEE gation; Mortgage Servicing; HAMP; FHA; at least 1 minority member, shall constitute Senior Housing; Nursing home construction; 1. IN GENERAL.—The regular meeting dates a quorum for official action of the Com- Rural Housing Service; Indian Housing. of the Committee shall be the first and third mittee when reporting a bill, resolution, or Wednesdays of each month. Additional meet- nomination. Proxies may not be counted in SUBCOMMITTEE MEMBERSHIP ings may be called by the Chairman as the making a quorum for purposes of this para- Unless otherwise noted, Mike Crapo, Chair- Chairman may deem necessary, or pursuant graph. man, and Sherrod Brown, Ranking Demo- to the provisions of paragraph 3 of rule XXVI 2. OTHER BUSINESS.—One-third of the en- cratic Member, serve on all subcommittees of the Standing Rules of the Senate. tire membership of the Committee shall con- as ex-officio, non-voting members. 2. OPEN MEETINGS.—Meetings of the Com- stitute a quorum for the transaction of all HOUSING, TRANSPORTATION, AND COMMUNITY mittee, or any subcommittee, including business as may be considered by the Com- DEVELOPMENT meetings to conduct hearings, shall be open mittee, except for the reporting of a bill, res- Tim Scott, SC, Chairman; to the public, except that a meeting or series olution, or nomination or authorizing a sub- Robert Menendez, NJ, Ranking Democratic of meetings by the Committee, or any sub- poena. Proxies may not be counted in mak- Member. committee, on the same subject for a period ing a quorum for purposes of this paragraph. Richard C. Shelby, AL; Dean Heller, NV; of no more than 14 calendar days may be 3. TAKING TESTIMONY.—For the purpose of Mike Rounds, SD; Thom Tillis, NC; Joe Ken- closed to the public on a motion made and taking sworn testimony a quorum of the nedy, LA; Jack Reed, RI; Heidi Heitkamp, seconded to go into closed session to discuss Committee and each subcommittee thereof, ND; Brian Schatz, HI; Chris Van Hollen, MD. only whether the matters enumerated in now or hereafter appointed, shall consist of 1 subparagraphs (A) through (F) would require member of the Committee. FINANCIAL INSTITUTIONS AND CONSUMER the meeting to be closed, followed imme- PROTECTION RULE III—PROXIES diately by a record vote in open session by a When a record vote is taken in the Com- Patrick J. Toomey, PA, Chairman; majority of the members of the Committee, Elizabeth Warren, MA, Raking Democratic mittee on any bill, resolution, amendment, or any subcommittee, when it is determined or any other question, the required quorum Member. that the matter to be discussed or the testi- Richard C. Shelby, AL; Bob Corker, TN; being present, a member who is unable to at- mony to be taken at such meeting or meet- tend the meeting may submit his or her vote Dean Heller, NV; Tim Scott, SC; Ben Sasse, ings— NE; Tom Cotton, AR; David Perdue, GA; by proxy, in writing or through personal in- (A) will disclose matters necessary to be structions. John Kennedy, LA; Jack Reed, RI; Jon kept secret in the interests of national de- Tester, MT; , VA; Joe Donnelly, RULE IV—CONSIDERATION OF BILLS fense or the confidential conduct of the for- AND RESOLUTIONS IN; Brian Schatz, HI; Chris Van Hollen; Cath- eign relations of the United States; erine Cortez Masto, NY. (B) will relate solely to matters of Com- It shall not be in order during a meeting of SECURITIES, INSURANCE, AND INVESTMENT mittee staff personnel or internal staff man- the Committee to move to proceed to the consideration of any bill or resolution unless Dean Heller, NV, Chairman; agement or procedure; Mark Warner, VA, Ranking Democratic (C) will tend to charge an individual with the bill or resolution has been filed with the Member. crime or misconduct, to disgrace or injure Clerk of the Committee not less than 48 Richard C. Shelby, AL; Bob Corker, TN; the professional standing of an individual, or hours in advance of the Committee meeting, Patrick J. Toomey, PA; Tim Scott, SC; Ben otherwise to expose an individual to public in as many copies as the Chairman of the Sasse, NE; Mike Rounds, SD; Thom Tillis, contempt or obloquy, or will represent a Committee prescribes. This rule may be NC; Jack Reed, RI; Robert Menendez, NJ; clearly unwarranted invasion of the privacy waived with the concurrence of the Chair- Jon Tester, MT; Elizabeth Warren, MA; Chris of an individual; man and the ranking minority member of Van Hollen, MD; Catherine Cortez Masto, (D) will disclose the identity of any in- the full Committee. NV. former or law enforcement agent or will dis- RULE V—SUBPOENAS; COUNSEL; RECORD NATIONAL SECURITY AND INTERNATIONAL close any information relating to the inves- TRADE AND FINANCE tigation or prosecution of a criminal offense 1. SUBPOENAS.—The Chairman, with the ap- that is required to be kept secret in the in- proval of the ranking minority member of Ben Sasse, NE, Chairman; terest of effective law enforcement; the Committee, may subpoena the attend- Joe Donnelly, IN, Ranking Democratic (E) will disclose information relating to ance of witnesses for hearings and the pro- Member. the trade secrets of, or financial or commer- duction of memoranda, documents, records, Bob Corker, TN; Tom Cotton, AR; Mike cial information pertaining specifically to, a or any other materials. The Chairman may Rounds, SD; David Perdue, GA; Mark War- given person if— subpoena such attendance of witnesses or ner, VA; Heidi Heitkamp, ND; Brian Schatz, (1) an Act of Congress requires the infor- production of materials without the approval HI. mation to be kept confidential by Govern- of the ranking minority member if the ECONOMIC POLICY ment officers and employees; or Chairman or a member of the Committee Tom Cotton, AR, Chairman; (2) the information has been obtained by staff designated by the Chairman has not re- Heidi Heitkamp, ND, Ranking Democratic the Government on a confidential basis, ceived notification from the ranking minor- Member. other than through an application by such ity member or a member of the Committee Patrick J. Toomey, PA; David Perdue, GA; person for a specific Government financial or staff designated by the ranking minority Thom Tillis, NC; John Kennedy, LA; Robert other benefit, and is required to be kept se- member of disapproval of the subpoena with- Menendez, NJ; Elizabeth Warren, MA; Joe cret in order to prevent undue injury to the in 72 hours, excluding Saturdays and Sun- Donnelly, IN. competitive position of such person; or days, of being notified of the subpoena. If a f (F) may divulge matters required to be subpoena is disapproved by the ranking mi- kept confidential under other provisions of nority member as provided in this para- COMMITTEE ON COMMERCE, law or Government regulations. graph, the subpoena may be authorized by SCIENCE, AND TRANSPORTATION 3. STATEMENTS.—Each witness who is to vote of the Members of the Committee, the appear before the Committee or any sub- quorum required by paragraph 1 of rule II committee shall file with the Committee, at being present. When the Committee or Chair- RULES OF PROCEDURE least 24 hours in advance of the hearing, a man authorizes a subpoena, it shall be issued Mr. THUNE. Mr. President, the Com- written statement of the witness’s testimony upon the signature of the Chairman or any in as many copies as the Chairman of the other Member of the Committee designated mittee on Commerce, Science, and Committee or subcommittee prescribes. In by the Chairman. At the direction of the Transportation has adopted rules gov- the event a witness fails to file a timely Chairman, with notification to the ranking erning its procedures for the 115th Con- written statement in accordance with this minority member of not less than 72 hours, gress. Pursuant to rule XXVI, para- rule, the Chairman of the Committee or sub- the staff is authorized to take depositions

VerDate Sep 11 2014 03:56 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.055 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S436 CONGRESSIONAL RECORD — SENATE January 24, 2017 from witnesses. The ranking minority mem- RULE VII—SUBCOMMITTEES amendment has been delivered to each Mem- ber, or a member of the Committee staff des- 1. HEARINGS.—Any member of the Com- ber of the Committee at least 24 hours (not ignated by the ranking minority member, mittee may sit with any subcommittee dur- counting Saturdays, Sundays, and federal shall be given the opportunity to attend and ing its hearings. holidays) before the meeting at which the participate in the taking of any deposition. 2. CHANGE OF CHAIRMANSHIP.—Subcommit- amendment is to be proposed. This para- Witnesses at depositions shall be examined tees shall be considered de novo whenever graph may be waived by a majority vote of upon oath administered by an individual au- there is a change in the chairmanship, and the Members and shall apply only when 72- thorized by law to administer oaths, or ad- seniority on the particular subcommittee hour written notice has been provided in ac- ministered by any member of the Committee shall not necessarily apply. cordance with paragraph (F). if one is present. f II. QUORUMS (A) Subject to the provisions of paragraph 2. COUNSEL.—Witnesses may be accom- COMMITTEE ON VETERANS’ panied at a public or executive hearing, or (B), eight Members of the Committee shall the taking of a deposition, by counsel to ad- AFFAIRS constitute a quorum for the reporting or ap- vise them of their rights. Counsel retained proving of any measure or matter or rec- by any witness and accompanying such wit- ommendation. Five Members of the Com- ness shall be permitted to be present during RULES OF PROCEDURE mittee shall constitute a quorum for pur- the testimony of the witness at any public or Mr. ISAKSON. Mr. President, the poses of transacting any other business. executive hearing, or the taking of a deposi- Committee on Veterans’ Affairs has (B) In order to transact any business at a Committee meeting, at least one Member of tion, to advise the witness, while the witness adopted rules governing its procedures is testifying, of the witness’s legal rights. In the minority shall be present. If, at any the case of any witness who is an officer or for the 115th Congress. Pursuant to meeting, business cannot be transacted be- employee of the government, or of a corpora- rule XXVI, paragraph 2, of the Stand- cause of the absence of such a Member, the tion or association, the Chairman may rule ing Rules of the Senate, on behalf of matter shall lay over for a calendar day. If that representation by counsel from the gov- myself and Senator TESTER, I ask the presence of a minority Member is not ernment, corporation, or association or by unanimous consent that a copy of the then obtained, business may be transacted counsel representing other witnesses, creates committee rules be printed in the by the appropriate quorum. (C) One Member shall constitute a quorum a conflict of interest, and that the witness RECORD. for the purpose of receiving testimony. may only be represented during testimony There being no objection, the mate- before the Committee by personal counsel rial was ordered to be printed in the III. VOTING not from the government, corporation, or as- RECORD, as follows: (A) Votes may be cast by proxy. A proxy sociation or by personal counsel not rep- shall be written and may be conditioned by resenting other witnesses. This paragraph COMMITTEE ON VETERANS’ AFFAIRS personal instructions. A proxy shall be valid shall not be construed to excuse a witness RULES OF PROCEDURE only for the day given. from testifying in the event the witness’s 115TH CONGRESS (B) There shall be a complete record kept counsel is ejected for conducting himself or I. MEETINGS of all Committee actions. Such record shall herself in such manner as to prevent, im- contain the vote cast by each Member of the (A) Unless otherwise ordered, the Com- pede, disrupt, obstruct, or interfere with the Committee on any question on which a roll mittee shall meet on the first Wednesday of orderly administration of a hearing or the call vote is requested. taking of a deposition. This paragraph may each month. The Chairman may, upon proper IV. HEARINGS AND HEARING PROCEDURES not be construed as authorizing counsel to notice, call such additional meetings as coach the witness or to answer for the wit- deemed necessary. (A) Except as specifically otherwise pro- ness. The failure of any witness to secure (B) Except as provided in subparagraphs (b) vided, the rules governing meetings shall counsel shall not excuse the witness from and (d) of paragraph 5 of rule XXVI of the govern hearings. complying with a subpoena. Standing Rules of the Senate, meetings of (B) At least one week in advance of the the Committee shall be open to the public. date of any hearing, the Committee shall un- 3. RECORD.—An accurate electronic or sten- The Committee shall prepare and keep a dertake, consistent with the provisions of ographic record shall be kept of the testi- complete transcript or electronic recording paragraph 4 of rule XXVI of the Standing mony of all witnesses in executive and public adequate to fully record the proceedings of Rules of the Senate, to make public an- hearings and depositions. If testimony given each meeting whether or not such meeting nouncements of the date, place, time, and by deposition is transcribed, the individual or any part thereof is closed to the public. subject matter of such hearing. administering the oath shall certify on the (C) The Chairman of the Committee, or the (C)(1) Each witness who is scheduled to tes- transcript that the witness was duly sworn Ranking Majority Member present in the ab- tify at a hearing of the Committee shall sub- in his or her presence and the transcriber sence of the Chairman, or such other Mem- mit 40 copies of such witness’ testimony to shall certify that the transcript is a true ber as the Chairman may designate, shall the Committee not later than 48 hours (not record of the testimony. The transcript with preside over all meetings. counting Saturdays, Sundays, and federal these certifications shall be filed with the (D) Except as provided in rule XXVI of the holidays) before the witness’ scheduled ap- chief clerk of the Committee. The record of Standing Rules of the Senate, no meeting of pearance at the hearing. a witness’s testimony, whether in public or the Committee shall be scheduled except by (2) Any witness who fails to meet the dead- executive session or in a deposition, shall be majority vote of the Committee or by au- line specified in paragraph (1) shall not be made available for inspection by the witness thorization of the Chairman of the Com- permitted to present testimony but may be or the witness’s counsel under Committee mittee. seated to take questions from Committee supervision. A copy of any testimony given (E) The Committee shall notify the office members, unless the Chairman and Ranking in public session, or that part of the testi- designated by the Committee on Rules and Minority Member determine there is good mony given by the witness in executive ses- Administration of the time, place, and pur- cause for the witness’ failure to meet the sion or deposition and subsequently quoted pose of each meeting. In the event such deadline or it is in the Committee’s interest or made part of the record in a public ses- meeting is canceled, the Committee shall to permit such witness to testify. sion, shall be provided to that witness at the immediately notify such designated office. (D) The presiding Member at any hearing witness’s expense if so requested. Upon in- (F) Written or electronic notice of a Com- is authorized to limit the time allotted to specting the transcript, within a time limit mittee meeting, accompanied by an agenda each witness appearing before the Com- set by the Clerk of the Committee, a witness enumerating the items of business to be con- mittee. may request changes in the transcript to sidered, shall be sent to all Committee Mem- (E) The Chairman, with the concurrence of correct errors of transcription and grammat- bers at least 72 hours (not counting Satur- the Ranking Minority Member of the Com- ical errors. The witness may also bring to days, Sundays, and federal holidays) in ad- mittee, is authorized to subpoena the attend- the attention of the Committee errors of fact vance of each meeting. In the event that the ance of witnesses and the production of in the witness’s testimony by submitting a giving of such 72-hour notice is prevented by memoranda, documents, records, and any sworn statement about those facts with a re- unforeseen requirements or Committee busi- other materials. If the Chairman or a Com- quest that it be attached to the transcript. ness, the Committee staff shall communicate mittee staff member designated by the The Chairman or a member of the Com- notice by the quickest appropriate means to Chairman has not received from the Ranking mittee staff designated by the Chairman Members or appropriate staff assistants of Minority Member or a Committee staff mem- shall rule on such requests. Members and an agenda shall be furnished ber designated by the Ranking Minority RULE VI—BROADCASTING OF HEARINGS prior to the meeting. Member notice of the Ranking Minority (G) Subject to the second sentence of this Member’s non-concurrence in the subpoena Public hearings of the full Committee, or paragraph, it shall not be in order for the within 48 hours (not counting Saturdays, any subcommittee thereof, shall be televised Committee to consider any amendment in Sundays, and federal holidays) of being noti- or broadcast only when authorized by the the first degree proposed to any measure fied of the Chairman’s intention to subpoena Chairman and the ranking minority member under consideration by the Committee un- attendance or production, the Chairman is of the full Committee. less a written or electronic copy of such authorized following the end of the 48-hour

VerDate Sep 11 2014 03:56 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.058 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S437 period involved to subpoena the same with- cility to be named, or (ii) was a recipient of We both share a fondness for the outdoors out the Ranking Minority Member’s concur- the Medal of Honor or, as determined by the and regularly have found ourselves dis- rence. Regardless of whether a subpoena has Chairman and Ranking Minority Member, cussing not the day-to-day happenings in our been concurred in by the Ranking Minority otherwise performed military service of an industry, but rather his love for the United Member, such subpoena may be authorized extraordinarily distinguished character; States of America—an affection deepened by by vote of the Members of the Committee. (2) A Member of the United States House of his exposure to countries where democracy When the Committee or Chairman authorizes Representatives or Senate who had a direct and human rights do not exist. a subpoena, the subpoena may be issued upon association with such facility; I am proud to call Rex Tillerson a friend, the signature of the Chairman or of any (3) An Administrator of Veterans’ Affairs, and I am confident our nation will benefit other Member of the Committee designated a Secretary of Veterans Affairs, a Secretary from his service and the many attributes he by the Chairman. of Defense or of a service branch, or a mili- will contribute as U.S. Secretary of State. (F) Except as specified in Committee Rule tary or other Federal civilian official of com- Sincerely, VII (requiring oaths, under certain cir- parable or higher rank; or LEE K. BOOTHBY. cumstances, at hearings to confirm Presi- (4) An individual who, as determined by f dential nominations), witnesses at hearings the Chairman and Ranking Minority Mem- will be required to give testimony under ber, performed outstanding service for vet- CONFIRMATION OF MICHAEL oath whenever the presiding Member deems erans. POMPEO such to be advisable. (B) Each Member of the Congressional del- Mr. MURPHY. Mr. President, I op- egation representing the State in which the V. MEDIA COVERAGE designated facility is located must indicate pose Mr. POMPEO’S confirmation to be Any Committee meeting or hearing which in writing such Member’s support of the pro- Director of the Central Intelligence is open to the public may be covered by tele- posal to name such facility after such indi- Agency because I believe he will take vision, radio, and print media. Photog- vidual. It is the policy of the Committee that the CIA in a dangerously wrong direc- raphers, reporters, and crew members using sponsoring or cosponsoring legislation to tion. mechanical recording, filming, or broad- name such facility after such individual will America needs a CIA Director who casting devices shall position and use their not alone satisfy this requirement. will uphold American values by reso- equipment so as not to interfere with the (C) The pertinent State department or lutely condemning torture and mass seating, vision, or hearing of the Committee chapter of each Congressionally chartered surveillance. Mr. POMPEO’S last-minute Members or staff or with the orderly conduct veterans’ organization having a national of the meeting or hearing. The presiding membership of at least 500,000 must indicate attempt to walk back his opposition to Member of the meeting or hearing may for in writing its support of such proposal. torture is very disturbing and suggests good cause terminate, in whole or in part, IX. AMENDMENTS TO THE RULES the Trump administration is readying the use of such mechanical devices or take The rules of the Committee may be to abandon our commitment to inter- such other action as the circumstances and changed, modified, amended, or suspended at national human rights. the orderly conduct of the meeting or hear- any time provided, however, that no less Second, Mr. POMPEO’S enthusiasm for ing may warrant. than a majority of the entire membership so bringing back programs that sweep up VI. GENERAL determine at a regular meeting with due no- massive amounts of Americans’ private All applicable requirements of the Stand- tice or at a meeting specifically called for information is deeply troubling. I have ing Rules of the Senate shall govern the that purpose. The rules governing quorums no confidence that Committee. for reporting legislative matters shall gov- would sufficiently protect the private ern rules changes, modification, amend- VII. PRESIDENTIAL NOMINATIONS emails of Americans if he had access to (A) Each Presidential nominee whose nom- ments, or suspension. them, and Mr. POMPEO’S support for ination is subject to Senate confirmation f and referred to this Committee shall submit large-scale data collection programs is a statement of his or her background and fi- NOMINATION OF REX W. inconsistent with the bipartisan re- nancial interests, including the financial in- TILLERSON forms of the PATRIOT Act that passed terests of his or her spouse and of children Mr. INHOFE. Mr. President, I ask in the last Congress. living in the nominee’s household, on a form unanimous consent that a letter from Third, I am very worried that Mr. approved by the Committee, which shall be Lee Boothby be printed in the RECORD POMPEO, as CIA Director, will continue sworn to as to its completeness and accu- in support of the nomination of Rex the trend of covert agencies usurping racy. The Committee form shall be in two the power of the State Department and parts: Tillerson as Secretary of State of the the Defense Department. Mr. POMPEO, (1) Information concerning employment, United States. education, and background of the nominee, There being no objection, the mate- under questioning, refused to acknowl- which generally relates to the position to rial was ordered to be printed in the edge the longstanding precedent of dip- which the individual is nominated and which RECORD, as follows: lomatic embassies having primary au- is to be made public; and NEWFIELD EXPLORATION COMPANY, thority for final signoff on overseas op- (2) Information concerning the financial The Woodlands, Texas, January 11, 2017. erations. This suggests Mr. POMPEO and other background of the nominee, to be Hon. JAMES M. INHOFE, could lead a rogue agency that will made public when the Committee determines U.S. Senate, frustrate rather than aid our diplo- that such information bears directly on the Washington, DC. nominee’s qualifications to hold the position matic objectives overseas. Hon. JAMES LANKFORD, f to which the individual is nominated. U.S. Senate, (B) At any hearing to confirm a Presi- Washington, DC. TRIBUTE TO THOMAS D. HOMAN dential nomination, the testimony of the DEAR SENATORS INHOFE AND LANKFORD: As Mr. GRASSLEY. Mr. Speaker, today nominee and, at the request of any Member, leader of Oklahoma’s third largest producer any other witness shall be under oath. of crude oil and natural gas, I write to urge I want to recognize Thomas D. Homan, (C) Committee action on a nomination, in- your vote to confirm Rex Tillerson as U.S. who will step down this month as U.S. cluding hearings or a meeting to consider a Secretary of State. Immigration and Customs Enforcement motion to recommend confirmation, shall Mr. Tillerson has been rightly lauded for Executive Associate Director for En- not occur until at least five days (not count- his effective stewardship of one the world’s forcement and Removal Operations. ing Saturdays, Sundays, and federal holi- largest and most successful companies, his days) after the nominee submits with respect Mr. Homan has served in law enforce- deep exposure to and knowledge of both for- ment for 36 years, including 33 years to the currently pending nomination the eign and domestic public policies impacting form required by this rule unless the Chair- our nation and his extensive global experi- enforcing our Nation’s border and im- man, with the concurrence of the Ranking ence. He is intelligent, highly regarded and migration laws. He began his career in Minority Member, waives this waiting pe- has accomplished many achievements in the 1981 as a police officer in New York. In riod. private sector through vision, hard work and 1984, he became a U.S. Border Patrol VIII. NAMING OF DEPARTMENT OF VETERANS sound judgment. He is extremely qualified to agent with his first assignment in the AFFAIRS FACILITIES lead U.S. foreign policy. San Diego sector. In 1988, he became a It is the policy of the Committee that a Over the past several years, I have had the special agent with the former U.S. Im- Department of Veterans Affairs facility may privilege of working with Rex professionally migration and Naturalization Service and I’ve also had the opportunity to get to be named only after a deceased individual in Phoenix, AZ. There, he climbed and only under the following circumstances: know him personally. His personal attributes (A) Such individual was: are equally as impressive as his professional through the ranks, first to supervisory (1) A veteran who (i) was instrumental in characteristics. He is a man of integrity and special agent, and later to deputy as- the construction or the operation of the fa- strong moral character. sistant director for investigations.

VerDate Sep 11 2014 05:22 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.059 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S438 CONGRESSIONAL RECORD — SENATE January 24, 2017 In 1999, Mr. Homan became the as- Blair, and numerous nieces and neph- Throughout the past 20 years, Belle sistant district director for investiga- ews. has remained faithful in her love for tions in San Antonio, TX. Upon the The Cardin family is friends with her home and the eastern Montana creation of ICE in 2003, Mr. Homan was many members of the Baer family. prairie. I want to express my deep grat- named as the assistant special agent in Judge Baer and my parents were close itude to Mrs. Belle Wendelburg for her charge in Dallas, TX. He was later pro- friends. It has been a great privilege to dedication and service to her commu- moted to deputy special agent in know Judge Baer, to receive his coun- nity, Montana, and our country.∑ charge. In March 2009, Mr. Homan ac- sel, and to count him not just as a f cepted the position of Assistant Direc- close friend of my father’s, but as my 130TH ANNIVERSARY OF THE tor for Enforcement at ICE head- close friend, too. LONGMONT CHAMBER OF COM- quarters in Washington, DC. He was Judge Baer lived an exemplary life MERCE subsequently promoted to Deputy Ex- devoted to public service, the commu- ecutive Associate Director in 2010 and nity, and to his family. He started ∑ Mr. GARDNER. Mr. President, I ask was again promoted in May 2013 to lead riding Indian motorcycles as a youth to have printed in the RECORD a copy of ICE Enforcement and Removal Oper- and then became an avid horseback my remarks to the Longmont Chamber ations as its Executive Associate Di- rider until he turned 100, which is how of Commerce on its 130th anniversary. rector. he earned the nickname ‘‘centennial The material follows: In December 2015, Mr. Homan was cowboy.’’ He did have ‘‘a great ride,’’ REMARKS TO THE LONGMONT CHAMBER OF awarded the Presidential Rank Award and I am grateful for having been along COMMERCE for Distinguished Service. He has for some of it. My wife, Myrna, and I I rise today to honor the Longmont Cham- served this country for many years and send our deepest condolences and pray- ber of Commerce on its 130th anniversary. ers to his family.∑ For more than 100 years, this chamber of has had a notable career in helping to commerce has been an important resource protect the homeland. f for businesses of all sizes in the Longmont I ask that my colleagues join me in TRIBUTE TO BELLE WENDELBURG area. offering our appreciation for his serv- Colorado’s Northern front range has expe- ice and congratulations on his retire- ∑ Mr. DAINES. Mr. President, this rienced significant growth within the past ment. week, I have the distinct honor of rec- few years, with an influx of residents moving ognizing Mrs. Belle Wendelburg for her to this region. Longmont, which sits in Weld f continued work in serving her commu- and Boulder counties, is now home to nearly ADDITIONAL STATEMENTS nity all the way to the age of 95. Belle 100,000 people. The community’s strong man- retired from Dahl Memorial Nursing ufacturing, agriculture, and innovative tech- nology companies have all contributed to Home in Ekalaka, MT, in July of 2016 REMEMBERING AARON E. BAER Longmont’s development. after working there for more than 20 The Longmont Chamber of Commerce has ∑ Mr. CARDIN. Mr. President, today I years. She loved the residents and en- been an active participant in helping all in- would like to pay tribute to a dear joyed the opportunity to work and dustries succeed and grow. Annual events, friend, the Honorable Aaron A. Baer, serve others. like the ‘‘Unity in the Community’’ event, who died yesterday, just 2 days shy of Belle was born on May 3, 1921, on a draw more than 1,000 representatives from what would have been his 103rd birth- family homestead near Westmore, MT. business, government, and nonprofit organi- day. He was the oldest living judge in She was the youngest of three children. zations. In addition, Longmont has received multiple recognitions for its ability to prob- Maryland. Growing up around Westmore, Belle at- lem solve, and make their community a bet- Judge Baer was known to his family tended Spring Hill Grade School where ter place to live for all residents. In 2006, as the ‘‘centennial cowboy’’ who had ‘‘a she had to ride a horse 7 miles to get to Longmont received the All-America City great ride,’’ as his family put it. He school. Award from the National Civic League, and was a Baltimore native, the son of a Belle enrolled in the ‘‘Green Thumb’’ in 2008, was named as one of the Top 100 Best Russian immigrant who worked in a program, a government work program, Places to Live by Money Magazine. clothing factory and became a tailor. and then began working in activities The Chamber of Commerce will continue Judge Baer graduated from the Univer- to play a critical role in the growth and de- for Dahl Memorial Nursing Home. velopment of Longmont, as the Front Range sity of Baltimore Law School in 1937. While her primary job was to work in sees an increase in population and business He supported himself and paid for law activities, Belle wasn’t afraid to work endeavors. Longmont is fortunate to have a school by repairing and replacing tar wherever she was needed. She helped dedicated organization like the Chamber roofs. make meals, set up for meals, wash helping its residents grow their businesses. Judge Baer practiced real estate law dishes, read to residents, and work Congratulations to the Longmont Chamber for several years before becoming an with Alzheimer’s patients. She contin- of Commerce on reaching this significant ∑ assistant Baltimore City solicitor, an ued to work at the nursing home even milestone. assistant attorney general, and a State after she was diagnosed with cancer. f senator for the 5th District in 1959. He Her family reports that she is still as STATE OF THE UNION ESSAY was appointed to the Municipal Court fit as ever and can probably outrun CONTEST FINALISTS of Baltimore City in 1961 by then-Gov- most people much younger than she. ∑ Mr. SANDERS. Mr. President, I ask ernor J. Millard Tawes. In 1971, he was Belle also worked every Christmas at to have printed in the RECORD some of appointed to the newly created District the home, ensuring the residents got the finalist essays written by Vermont Court of Maryland by then, Governor the presents they were supposed to get high school students as part of the sev- Marvin Mandel. He retired as a district and helping them write thank you let- enth annual State of the Union essay court judge in 1981 at the age of 67. ters for the gifts. She was involved contest conducted by my office. Judge Baer was married to Judy with the spiritual health of the resi- The material follows: Weinberg for 66 years before her pass- dents by reading devotionals to them. EMMA CARLSON, ST JOHNSBURY ACADEMY ing in 2007. He and his wife had two Belle worked at the home every Sun- JUNIOR (FINALIST) daughters. The older daughter is Susan day when extra staff were needed to America is one of the wealthiest countries Reichmister, who is married to Dr. Je- help residents attend chapel services. in the world. Home to world-leading compa- rome Reichmister. They have two chil- Through her giving spirit, she provides nies in technology, consumer goods, pharma- dren: Beth, who is married to Bart Cas- residents encouragement and inspira- ceutical, and financial industries, the U.S. per, and Jodi, who is married to Craig tion every day. To her coworkers, she has a gross domestic product of 18.56 trillion Kessler. The younger daughter is the is also an inspiration. The nursing dollars. And yet, poverty impacts people in Honorable Barbara Baer Waxman, who home CEO, Nadene Elmore says, both rural and urban areas who are working is administrative judge of the District ‘‘Whenever I see Belle, I tell her I want for minimum wage, elderly people who must live on a fixed income, and those who have Court of Maryland for Baltimore City. to be just like her when I grow up.’’ lost their jobs. For a country as rich and re- She is married to Dr. Carl Waxman. Belle entertains staff at lunches with sourceful as ours, we have the ability to Judge Baer had four great-grand- stories and endless knowledge of the solve the complex situation of poverty if we children: Nicole, Sloane, Mitchell, and community’s history. work together as a nation to find a solution.

VerDate Sep 11 2014 03:56 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.062 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S439 Despite all of our wealth, we still have Citizens of the United States, this is the throughout early education and their fu- nearly 15% of people living below the poverty most critical issue of the century and pos- tures. line. In 2016, the poverty threshold for a fam- sibly the history of America. This is not A flaw in the education system consist- ily of four is $24,036 per year. These individ- something that can be disregarded as irrele- ently prevents all students from achieving uals are forced to make difficult choices be- vant because this not only hurts you, it their potential. Schools need to push away tween paying for food, medicine, heat, gas, hurts every aspect that makes this country from what a Purdue University study calls or rent. Today we are seeing increase in the for the people. the ‘‘superchicken’’ model, which studies the loss of manufacturing jobs, causing many ad- So, what can we, the American people, do ‘‘best chickens of the coop’’. This study ditional people to become unemployed and to vanquish this unjust society that we find showed that after separating the super- drop below the poverty line. We are losing ourselves giving in? First, we start by estab- chickens from the normal chickens, the these jobs due to technological advances lishing a tax on institutions that make more superchickens pecked each other to death that have replaced a lot of workers, while than $1,000,000 a year. For years, these mon- while the regular chickens proved successful other jobs have been moved to lower-cost archs of trade and commerce have sneaked regardless of productivity rates. In our edu- countries because the labor to perform those through loopholes in legislation and haven’t cational system, we cannot place the jobs is much cheaper. Another cause of long been paying their taxes. This is unacceptable ‘‘smartest kids’’ in one system, as it will term poverty is the lack of access to high- in the country this great nation of America. damage all children’s education. quality early education. In addition, children Secondly, we dissolve major institutions or Overall, education must be changed. Ev- of families in poverty do not consistently re- establishments that are taking advantage of eryone needs access to learning opportuni- ceive a college education, and therefore, lack Americans every single day. Wells Fargo, ties, an equitable education for the poor and the skills and opportunities to acquire a Capital One and Citigroup are just some of the average, and revitalize public school well-paying job in today’s economy. the financial institutions paying their fair funding to ensure that all schools receive a Poverty in America needs to be solved for share. Finally, it is vital for Americans to be fair share of distributed money. Fixing edu- every individual to receive opportunities to educated on these issues in the first place. cation will allow America to fix poverty, im- live a quality life. There are several political That is why I support a universal childcare prove early childhood development, and debates as to how we can most effectively re- schooling program where no one will be de- allow more citizens to reach the American duce poverty, and as a result, very little gets nied access to education based on their an- Dream. As the best country in the world, we accomplished toward achieving this goal and nual income. When we have an informed pub- need to create a possible dream, which poverty continues to be on the rise. The first lic, we will be one step closer to ‘‘the peo- means fixing the broken rungs in society’s step toward helping to lower poverty rates is ple’s’’ victory: your victory. ‘‘ladder of success’’. to create more jobs in America. The major- To close, I would like to introduce a quote JESSICA DAIGLE, OXBOW HIGH SCHOOL JUNIOR ity of companies in the U.S. are small busi- from the late Thomas Jefferson who said (FINALIST) ‘‘Experience demands that man is the only nesses. If the government can help small My fellow Americans, I have one question animal which devours his own kind, for I can businesses thrive, it can create more jobs for for you. How do we, the United States of apply no milder term to the general prey of those in poverty. By pulling families out of America, have the best economy in the the rich on the poor.’’ Change never takes poverty, it gives their children better oppor- world, yet can’t afford to give our people place from the top down. It takes place when tunities to receive a quality education, mak- basic necessities? We’re one of the richest people, just like you and me, rise up in ing it easier for them to get jobs to support countries in the world, but we can’t feed our peaceful protest and say we want a different their future families. This can help to break population, or give them healthcare? Why America. We want change. the vicious cycle of children being born into are so many people living without a roof poverty without any control over it. In addi- RAINBOW CHEN, WINOOSKI HIGH SCHOOL SENIOR over their head? We can’t run from these tion, we need to make a basic college edu- (FINALIST) problems; we must face them and find a solu- cation available and affordable to any cit- The ‘‘American Dream’’ states that every tion. izen who is willing to obtain one. Without American has the opportunity to become First and foremost, we must address our addressing the fundamental needs of edu- successful if they work hard. In reality, the food problem. In 2015 alone, 42.2 million cation and jobs, the cycle of poverty in American Dream is a blatant lie that falsely Americans lived in food insecure households; America will not be resolved. guides citizens on an idealistic path. If our 13.1 million were children. How are we sup- Our politicians need to recognize that pov- country truly wants to make the American posed to build a strong future if we can’t feed erty is a serious problem, and must work to- Dream a reality, we must provide citizens our children? In fact, one in five children are gether on common goals towards defeating with the opportunity to best change their at risk of hunger. In Latino and African it. There are many solutions and sometimes lives: a new education system. Education American societies, it’s one in three. This is there will need to be compromises as to what will help us give the poor what they need, an urgent problem we must fix. We must the best solution may be. If we do not solve help vulnerable children from birth to five, stop throwing away edible food and find a this poverty problem, our nation will con- and create a meaningful life for our citizens. way to give it to those without. Every year tinue to decline and overall living conditions Right now, a poor citizen has a slim chance in the US, 40% of food is thrown away. This will become worse for a lot more people. of rising to middle or upper-middle class. A equates to $165 billion’s worth. All of this MASON CHARLEBOIS, VERGENNES UNION HIGH study from the Pew Charitable Trust says uneaten food could feed 25 million Ameri- SCHOOL JUNIOR (FINALIST) that 70% of lower income households stay in cans. In order to feed those in need, we must We do not live in a democracy anymore. the lower income bracket; only 30% rise to stop wasting resources. We cannot keep We live in an oligarchy obscured by the word middle class or high-income status. In 2015, throwing away perfectly edible food. democracy. For too long our country, a na- nearly 48% of Americans live in low-income Healthcare is another demanding issue. In tion established upon ideals of impeccable and impoverished situations, including my 2014, 29 million Americans didn’t have health freedoms and liberties, has discarded the will own family. Vermont may only have a 12% insurance; that’s ten percent of our popu- and determination of the American people. poverty rate, but disadvantages in resources, lation. And, in that 29 million, 4.5 million The rich get richer while the poor grow poor- opportunities, and financial support have were children. Those statistics are unaccept- er and there seems to exist no hope, no per- prevented me from reaching the same level able. We must find a solution. In 2010, Presi- sistence, and no optimism in the people, but of achievement and opportunity as my mid- dent Obama tried with the Affordable Care instead there resides feelings of despair and dle class peers. We need to readjust food Act- commonly known as Obamacare. This anguish. Why would I blame them? Today in stamp and welfare programs to support low- worked well, as 20 million people were able our nation’s capital, almost every bill that is income families. Educational opportunities to get insurance. Yet, Presidential Elect made, every law that is passed, every dona- for the poor must become equitable so that Donald Trump wants to repeal it. If he does, tion given proclaims in a final respect, a re- low-income students can perform as well as he must instate a new and more affordable fusal to aid the poor and middle class of the their middle-class peers. If education be- healthcare system. We cannot go without it. United States. The loyalties, affairs, and in- comes equitable, we may see more people What would those 29 million people do? terests of our government no longer lie with working and fewer children suffering. They’re relying on Obamacare, and can’t af- the American populace, but with immense A study from Concordia University showed ford to be without it. multinational corporations and the wealthy that ‘‘. . . high-quality education early in a Homelessness is defined as a social crisis in who value profit over people. child’s life leads to continued success later the United States today, as it should be, con- If you don’t believe me, allow me to intro- in school, at work . . . spending resources to- sidering this fact: on any given night, about duce some daunting numbers. According to ward education earlier in life is much more half a million Americans experience home- Inequality.org, ‘‘Income disparities have be- fiscally responsible than paying later to help lessness. Out of those people, 15% have been come so pronounced that America’s top 10 a struggling child catch up.’’ Our country homeless for over a year, 50% are over the percent now average nearly nine times as tends to take early childhood for granted, ig- age of fifty, and 8% are veterans. Not to much income as the bottom 90 percent.’’ But noring the benefits of early education. If we mention the 1.14 million veterans who are at wait, there’s more. They also mention increased paid maternity/paternity leave, risk of homelessness. Again, we’re one of the ‘‘Americans in the top I percent tower stun- children could engage with their families for richest countries in the world, yet we can’t ningly higher. They average over 38 times a longer part of their childhood, helping afford to house our population? We can’t more income than the bottom 90 percent.’’ them become the strong leaders of the future house those who fought for our country, for

VerDate Sep 11 2014 05:22 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.065 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S440 CONGRESSIONAL RECORD — SENATE January 24, 2017 our freedom? We must do something. We ment of State Authorities Act, Fiscal H.R. 588. An act to direct the Federal Com- must create more safe havens or emergency Year 2017 (Public Law 114–323), and the munications Commission to conduct a study shelters. We can’t allow so many Americans order of the House of January 3, 2017, on network resiliency during times of emer- to be living in such horrible conditions. the Minority Leader appoints the fol- gency, and for other purposes; to the Com- Clearly, these tasks will be difficult to mittee on Commerce, Science, and Transpor- take on. If we want to boast about our pres- lowing Member of the House of Rep- tation. tigious economy and wealth, we must first resentatives to the Western Hemi- H.R. 590. An act to foster civilian research fix our problems with poverty in the lower sphere Drug Policy Commission: Mr. and development of advanced nuclear energy class. We cannot be considered an esteemed Sam Farr of Carmel, California. technologies and enhance the licensing and country until every last one of us has food, The message further announced that commercial deployment of such tech- healthcare, and a roof over our heads.∑ pursuant to section 553 of the National nologies; to the Committee on Commerce, f Defense Authorization Act for Fiscal Science, and Transportation. Year 2017 (Public Law 114–328), and the H.R. 599. An act to amend the Communica- MESSAGE FROM THE HOUSE tions Act of 1934 to consolidate the reporting order of the House of January 3, 2017, At 11:41 a.m., a message from the obligations of the Federal Communications the Minority Leader appoints the fol- Commission in order to improve congres- House of Representatives, delivered by lowing individual to the National Com- Mr. Novotny, one of its reading clerks, sional oversight and reduce reporting bur- mission on Military, National and Pub- dens; to the Committee on Commerce, announced that the House has passed lic Service: Mr. Edward T. Allard III of Science, and Transportation. the following bills, in which it requests Los Angeles, California. the concurrence of the Senate: f f H.R. 290. An act to amend the Communica- EXECUTIVE AND OTHER tions Act of 1934 to provide for greater trans- MEASURES REFERRED COMMUNICATIONS parency and efficiency in the procedures fol- The following communications were lowed by the Federal Communications Com- The following bills were read the first mission, and for other purposes. and the second times by unanimous laid before the Senate, together with H.R. 423. An act to amend the Communica- consent, and referred as indicated: accompanying papers, reports, and doc- tions Act of 1934 to expand and clarify the H.R. 290. An act to amend the Communica- uments, and were referred as indicated: prohibition on provision of misleading or in- tions Act of 1934 to provide for greater trans- EC–577. A communication from the Sec- accurate caller identification information, parency and efficiency in the procedures fol- retary of Homeland Security, transmitting, and for other purposes. lowed by the Federal Communications Com- pursuant to law, a report relative to viola- H.R. 460. An act to amend the Communica- mission, and for other purposes; to the Com- tions of the Antideficiency Act that occurred tions Act of 1934 to ensure the integrity of mittee on Commerce, Science, and Transpor- in the Department of Homeland Security’s voice communications and to prevent unjust tation. Office of the Chief Information Officer, or unreasonable discrimination among areas H.R. 423. An act to amend the Communica- Treasury Symbol 7012/140113; to the Com- of the United States in the delivery of such tions Act of 1934 to expand and clarify the mittee on Appropriations. communications. prohibition on provision of misleading or in- EC–578. A communication from the Assist- H.R. 511. An act to provide for consider- accurate caller identification information, ant Secretary for Export Administration, ation of the extension under the Energy Pol- and for other purposes; to the Committee on Bureau of Industry and Security, Depart- icy and Conservation Act of nonapplication Commerce, Science, and Transportation. ment of Commerce, transmitting, pursuant of No-Load Mode energy efficiency standards H.R. 460. An act to amend the Communica- to law, the report of a rule entitled ‘‘Imple- to certain security or life safety alarms or tions Act of 1934 to ensure the integrity of mentation of the February 2016 Australia surveillance systems, and for other purposes. voice communications and to prevent unjust Group (AG) Intersessional Decisions and the H.R. 518. An act to amend the Energy Pol- or unreasonable discrimination among areas June 2016 AG Plenary Understandings’’ icy and Conservation Act to exclude power of the United States in the delivery of such (RIN0694–AH14) received in the Office of the supply circuits, drivers, and devices designed communications; to the Committee on Com- President of the Senate on January 12, 2017; to be connected to, and power, light-emitting merce, Science, and Transportation. to the Committee on Banking, Housing, and diodes or organic light-emitting diodes pro- H.R. 511. An act to provide for consider- Urban Affairs. viding illumination from energy conserva- ation of the extension under the Energy Pol- EC–579. A communication from the Pro- tion standards for external power supplies, icy and Conservation Act of nonapplication gram Specialist of the Legislative and Regu- and for other purposes. of No-Load Mode energy efficiency standards latory Activities Division, Office of the H.R. 555. An act to direct the Federal Com- to certain security or life safety alarms or Comptroller of the Currency, Department of munications Commission to amend its rules surveillance systems, and for other purposes; the Treasury, transmitting, pursuant to law, so as to prohibit the application to amateur to the Committee on Energy and Natural Re- the report of a rule entitled ‘‘Community Re- stations of certain private land use restric- sources. investment Act Regulations’’ (RIN1557–AE11) tions, and for other purposes. H.R. 518. An act to amend the Energy Pol- received during adjournment of the Senate H.R. 582. An act to amend the Communica- icy and Conservation Act to exclude power in the Office of the President of the Senate tions Act of 1934 to require multi-line tele- supply circuits, drivers, and devices designed on January 18, 2017; to the Committee on phone systems to have a configuration that to be connected to, and power, light-emitting Banking, Housing, and Urban Affairs. permits users to directly initiate a call to 9– diodes or organic light-emitting diodes pro- EC–580. A communication from the Assist- 1–1 without dialing any additional digit, viding illumination from energy conserva- ant Secretary for Export Administration, code, prefix, or post-fix, and for other pur- tion standards for external power supplies, Bureau of Industry and Security, Depart- poses. and for other purposes; to the Committee on ment of Commerce, transmitting, pursuant H.R. 587. An act to amend the Federal Energy and Natural Resources. to law, the report of a rule entitled ‘‘Addi- Power Act to provide that any inaction by H.R. 555. An act to direct the Federal Com- tion of Certain Entities to the Entity List’’ the Federal Energy Regulatory Commission munications Commission to amend its rules (RIN0694–AH27) received during adjournment that allows a rate change to go into effect so as to prohibit the application to amateur of the Senate in the Office of the President shall be treated as an order by the Commis- stations of certain private land use restric- of the Senate on January 18, 2017; to the sion for purposes of rehearing and court re- tions, and for other purposes; to the Com- Committee on Banking, Housing, and Urban view. mittee on Commerce, Science, and Transpor- Affairs. H.R. 588. An act to direct the Federal Com- tation. EC–581. A communication from the Assist- munications Commission to conduct a study H.R. 582. An act to amend the Communica- ant Secretary for Export Administration, on network resiliency during times of emer- tions Act of 1934 to require multi-line tele- Bureau of Industry and Security, Depart- gency, and for other purposes. phone systems to have a configuration that ment of Commerce, transmitting, pursuant H.R. 590. An act to foster civilian research permits users to directly initiate a call to 9– to law, the report of a rule entitled ‘‘Revi- and development of advanced nuclear energy 1-1 without dialing any additional digit, sions to the Export Administration Regula- technologies and enhance the licensing and code, prefix, or post-fix, and for other pur- tions (EAR): Control of Spacecraft Systems commercial deployment of such tech- poses; to the Committee on Commerce, and Related Items the President Determines nologies. Science, and Transportation. No Longer Warrant Control Under the H.R. 599. An act to amend the Communica- H.R. 587. An act to amend the Federal United States Munitions List (USML)’’ tions Act of 1934 to consolidate the reporting Power Act to provide that any inaction by (RIN0694–AG59) received during adjournment obligations of the Federal Communications the Federal Energy Regulatory Commission of the Senate in the Office of the President Commission in order to improve congres- that allows a rate change to go into effect of the Senate on January 18, 2017; to the sional oversight and reduce reporting bur- shall be treated as an order by the Commis- Committee on Banking, Housing, and Urban dens. sion for purposes of rehearing and court re- Affairs. The message also announced that view; to the Committee on Energy and Nat- EC–582. A communication from the Regu- pursuant to section 603 of the Depart- ural Resources. latory Affairs Specialist, Bureau of Ocean

VerDate Sep 11 2014 03:56 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.065 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S441 Energy Management, Department of the In- EC–592. A communication from the Regula- Aviation Administration, Department of terior, transmitting, pursuant to law, the re- tions Coordinator, Health Resources and Transportation, transmitting, pursuant to port of a rule entitled ‘‘Oil and Gas and Sul- Services Administration, Department of law, the report of a rule entitled ‘‘Airworthi- phur Operations in the Outer Continental Health and Human Services, transmitting, ness Directives; Airbus Airplanes’’ ((RIN2120– Shelf—Civil Penalties Inflation Adjust- pursuant to law, the report of a rule entitled AA64) (Docket No. FAA–2015–3631)) received ments’’ (RIN1010–AD95) received in the Office ‘‘National Vaccine Injury Compensation Pro- during adjournment of the Senate in the Of- of the President of the Senate on January 12, gram: Revisions to the Vaccine Injury fice of the President of the Senate on Janu- 2017; to the Committee on Energy and Nat- Table’’ (RIN0906–AB01) received during ad- ary 13, 2017; to the Committee on Commerce, ural Resources. journment of the Senate in the Office of the Science, and Transportation. EC–583. A communication from the Direc- President of the Senate on January 18, 2017; EC–603. A communication from the Man- tor, Office of Regulations and Reports Clear- to the Committee on Health, Education, agement and Program Analyst, Federal ance, Social Security Administration, trans- Labor, and Pensions. Aviation Administration, Department of mitting, pursuant to law, the report of a rule EC–593. A communication from the Assist- Transportation, transmitting, pursuant to entitled ‘‘Revisions to Rules Regarding the ant Secretary for Legislation, Department of law, the report of a rule entitled ‘‘Airworthi- Evaluation of Medical Evidence’’ (RIN0960– Health and Human Services, transmitting, ness Directives; Airbus Airplanes’’ ((RIN2120– AH51) received during adjournment of the pursuant to law, a performance report rel- AA64) (Docket No. FAA–2016–7425)) received Senate in the Office of the President of the ative to the Animal Drug User Fee Act for during adjournment of the Senate in the Of- Senate on January 18, 2017; to the Com- fiscal year 2016; to the Committee on Health, fice of the President of the Senate on Janu- mittee on Finance. Education, Labor, and Pensions. ary 13, 2017; to the Committee on Commerce, EC–584. A communication from the Regula- EC–594. A communication from the Assist- Science, and Transportation. tions Coordinator, Centers for Medicare and ant Secretary for Legislation, Department of EC–604. A communication from the Man- Medicaid Services, Department of Health Health and Human Services, transmitting, agement and Program Analyst, Federal and Human Services, transmitting, pursuant pursuant to law, a performance report rel- Aviation Administration, Department of to law, the report of a rule entitled ‘‘Health ative to the Animal Generic Drug User Fee Transportation, transmitting, pursuant to Care Programs: Fraud and Abuse: Revisions Act for fiscal year 2016; to the Committee on law, the report of a rule entitled ‘‘Airworthi- to the Office of Inspector General’s Exclu- Health, Education, Labor, and Pensions. ness Directives; Airbus Airplanes’’ ((RIN2120– sion Authorities’’ (42 CFR Parts 1000, 1001, EC–595. A communication from the Regula- AA64) (Docket No. FAA–2016–6894)) received 1002, and 1006) received during adjournment tions Coordinator, Office of the Assistant during adjournment of the Senate in the Of- of the Senate in the Office of the President Secretary for Health, Department of Health fice of the President of the Senate on Janu- of the Senate on January 18, 2017; to the and Human Services, transmitting, pursuant ary 13, 2017; to the Committee on Commerce, Committee on Finance. to law, the report of a rule entitled ‘‘Federal Science, and Transportation. EC–585. A joint communication from the Policy for the Protection of Human Sub- EC–605. A communication from the Man- Secretary of Health and Human Services and jects’’ (RIN0937–AA02) received during ad- agement and Program Analyst, Federal the Attorney General, transmitting, pursu- journment of the Senate in the Office of the Aviation Administration, Department of ant to law, an annual report relative to the President of the Senate on January 18, 2017; Transportation, transmitting, pursuant to Health Care Fraud and Abuse Control Pro- to the Committee on Health, Education, law, the report of a rule entitled ‘‘Airworthi- gram for fiscal year 2016; to the Committee Labor, and Pensions. ness Directives; Airbus Airplanes’’ ((RIN2120– on Finance. EC–596. A communication from the Sec- AA64) (Docket No. FAA–2016–9057)) received EC–586. A communication from the Assist- retary of Education, transmitting, pursuant during adjournment of the Senate in the Of- ant Secretary for Legislation, Department of to law, the report of a rule entitled ‘‘Assist- fice of the President of the Senate on Janu- Health and Human Services, transmitting, ance to States for the Education of Children ary 13, 2017; to the Committee on Commerce, pursuant to law, a report entitled ‘‘2016 Ac- with Disabilities and the Preschool Grants Science, and Transportation. tuarial Report on the Financial Outlook for for Children with Disabilities Program; EC–606. A communication from the Man- Medicaid’’; to the Committee on Finance. Early Intervention Program for Infants and agement and Program Analyst, Federal EC–587. A communication from the Attor- Toddlers with Disabilities’’ (RIN1820–AB74) Aviation Administration, Department of ney-Advisor, Bureau of the Fiscal Service, received in the Office of the President pro Transportation, transmitting, pursuant to Department of the Treasury, transmitting, tempore of the Senate; to the Committee on law, the report of a rule entitled ‘‘Airworthi- pursuant to law, the report of a rule entitled Health, Education, Labor, and Pensions. ness Directives; Airbus Airplanes’’ ((RIN2120– ‘‘Regulations Governing Retirement Savings EC–597. A communication from the Sec- AA64) (Docket No. FAA–2016–7424)) received Bonds’’ ((RIN1530–AA13) (31 CFR Part 347)) retary of Labor, transmitting, pursuant to during adjournment of the Senate in the Of- received in the Office of the President of the law, a report on the Self-Employment Assist- fice of the President of the Senate on Janu- Senate on January 12, 2017; to the Com- ance (SEA) program; to the Committee on ary 13, 2017; to the Committee on Commerce, mittee on Finance. Health, Education, Labor, and Pensions. Science, and Transportation. EC–588. A communication from the Acting EC–598. A communication from the Assist- EC–607. A communication from the Man- Director, Employee Services/Recruitment ant Secretary for Legislation, Department of agement and Program Analyst, Federal and Hiring, Office of Personnel Management, Health and Human Services, transmitting, Aviation Administration, Department of transmitting, pursuant to law, the report of pursuant to law, a report entitled ‘‘Report to Transportation, transmitting, pursuant to a rule entitled ‘‘Veterans’ Preference’’ Congress: Indian Health Prescription Drug law, the report of a rule entitled ‘‘Airworthi- (RIN3206–AN47) received in the Office of the Monitoring’’; to the Committee on Indian Af- ness Directives; Airbus Helicopters’’ President of the Senate on January 12, 2017; fairs. ((RIN2120–AA64) (Docket No. FAA–2015–3929)) to the Committee on Homeland Security and EC–599. A communication from the Assist- received during adjournment of the Senate Governmental Affairs. ant Attorney General, Office of Legislative in the Office of the President of the Senate EC–589. A communication from the Sec- Affairs, Department of Justice, transmit- on January 13, 2017; to the Committee on retary of the Treasury, transmitting, pursu- ting, pursuant to law, a report entitled ‘‘2015 Commerce, Science, and Transportation. ant to law, a report entitled ‘‘Financial Re- Annual Report of the National Institute of EC–608. A communication from the Man- port of the United States Government for Justice’’; to the Committee on the Judiciary. agement and Program Analyst, Federal Fiscal Year 2016’’; to the Committee on EC–600. A communication from the Direc- Aviation Administration, Department of Homeland Security and Governmental Af- tor, Office of Information Policy, Depart- Transportation, transmitting, pursuant to fairs. ment of Justice, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthi- EC–590. A communication from the Sec- law, the report of a rule entitled ‘‘Revision ness Directives; Airbus Helicopters’’ retary of the Treasury, transmitting, pursu- of Department of Justice Freedom of Infor- ((RIN2120–AA64) (Docket No. FAA–2015–5807)) ant to law, the Semi-Annual Report of the mation Act Regulations’’ (RIN1105–AB51) re- received during adjournment of the Senate Inspector General for the period from April ceived during adjournment of the Senate in in the Office of the President of the Senate 1, 2016 through September 30, 2016 and the the Office of the President of the Senate on on January 13, 2017; to the Committee on Semi-Annual Report of the Treasury Inspec- January 18, 2017; to the Committee on the Commerce, Science, and Transportation. tor General for Tax Administration (TIGTA); Judiciary. EC–609. A communication from the Man- to the Committee on Homeland Security and EC–601. A communication from the Man- agement and Program Analyst, Federal Governmental Affairs. agement and Program Analyst, Federal Aviation Administration, Department of EC–591. A communication from the Deputy Aviation Administration, Department of Transportation, transmitting, pursuant to Assistant Attorney General, Civil Rights Di- Transportation, transmitting, pursuant to law, the report of a rule entitled ’’ Air- vision, Department of Justice, transmitting, law, the report of a rule entitled ‘‘Airworthi- worthiness Directives; Airbus Helicopters pursuant to law, the report of a rule entitled ness Directives; Airbus Airplanes’’ ((RIN2120– Deutschland GmbH Helicopters’’ ((RIN2120– ‘‘Nondiscrimination on the Basis of Dis- AA64) (Docket No. FAA–2014–0143)) received AA64) (Docket No. FAA–2016–5247)) received ability by Public Accommodations—Movie during adjournment of the Senate in the Of- during adjournment of the Senate in the Of- Theaters; Movie Captioning and Audio De- fice of the President of the Senate on Janu- fice of the President of the Senate on Janu- scription’’ (RIN1190–AA63) received in the Of- ary 13, 2017; to the Committee on Commerce, ary 13, 2017; to the Committee on Commerce, fice of the President of the Senate on Janu- Science, and Transportation. Science, and Transportation. ary 12, 2017; to the Committee on Health, EC–602. A communication from the Man- EC–610. A communication from the Man- Education, Labor, and Pensions. agement and Program Analyst, Federal agement and Program Analyst, Federal

VerDate Sep 11 2014 03:56 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.008 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S442 CONGRESSIONAL RECORD — SENATE January 24, 2017 Aviation Administration, Department of ((RIN2120–AA64) (Docket No. FAA–2016–8180)) EC–625. A communication from the Man- Transportation, transmitting, pursuant to received during adjournment of the Senate agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- in the Office of the President of the Senate Aviation Administration, Department of ness Directives; The Boeing Company Air- on January 13, 2017; to the Committee on Transportation, transmitting, pursuant to planes’’ ((RIN2120–AA64) (Docket No. FAA– Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- 2015–7531)) received during adjournment of EC–618. A communication from the Man- ness Directives; Sikorsky Aircraft the Senate in the Office of the President of agement and Program Analyst, Federal Coporation’’ ((RIN2120–AA64) (Docket No. the Senate on January 13, 2017; to the Com- Aviation Administration, Department of FAA–2016–9537)) received during adjournment mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to of the Senate in the Office of the President tation. law, the report of a rule entitled ‘‘Airworthi- of the Senate on January 13, 2017; to the EC–611. A communication from the Man- ness Directives; Bombardier, Inc. Airplanes’’ Committee on Commerce, Science, and agement and Program Analyst, Federal ((RIN2120–AA64) (Docket No. FAA–2016–8847)) Transportation. Aviation Administration, Department of received during adjournment of the Senate EC–626. A communication from the Man- Transportation, transmitting, pursuant to in the Office of the President of the Senate agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- on January 13, 2017; to the Committee on Aviation Administration, Department of ness Directives; The Boeing Company Air- Commerce, Science, and Transportation. Transportation, transmitting, pursuant to planes’’ ((RIN2120–AA64) (Docket No. FAA– EC–619. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- 2015–3698)) received during adjournment of agement and Program Analyst, Federal ness Directives; Saab AB, Saab Aeronautics the Senate in the Office of the President of Aviation Administration, Department of (Formerly known as Saab AB, Saab the Senate on January 13, 2017; to the Com- Transportation, transmitting, pursuant to Aerosystems) Airplanes’’ ((RIN2120–AA64) mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Airworthi- (Docket No. FAA–2016–9056)) received during tation. ness Directives; Turbomeca S.A. Turboshaft adjournment of the Senate in the Office of EC–612. A communication from the Man- Engines’’ ((RIN2120–AA64) (Docket No. FAA– the President of the Senate on January 13, agement and Program Analyst, Federal 2015–3753)) received during adjournment of 2017; to the Committee on Commerce, Aviation Administration, Department of the Senate in the Office of the President of Science, and Transportation. Transportation, transmitting, pursuant to the Senate on January 13, 2017; to the Com- EC–627. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- mittee on Commerce, Science, and Transpor- agement and Program Analyst, Federal ness Directives; The Boeing Company Air- tation. Aviation Administration, Department of planes’’ ((RIN2120–AA64) (Docket No. FAA– EC–620. A communication from the Man- Transportation, transmitting, pursuant to 2015–3142)) received during adjournment of agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- the Senate in the Office of the President of Aviation Administration, Department of ness Directives; PILATUS AIRCRAFT LTD. Transportation, transmitting, pursuant to the Senate on January 13, 2017; to the Com- Airplanes’’ ((RIN2120–AA64) (Docket No. law, the report of a rule entitled ‘‘Airworthi- mittee on Commerce, Science, and Transpor- FAA–2016–7003)) received during adjournment ness Directives; Airbus Defense and Space tation. of the Senate in the Office of the President S.A. (Formerly Known as Construcciones EC–613. A communication from the Man- of the Senate on January 13, 2017; to the Aeronatuicas, S.A.) Airplanes’’ ((RIN2120– agement and Program Analyst, Federal Committee on Commerce, Science, and AA64) (Docket No. FAA–2016–9109)) received Aviation Administration, Department of Transportation. Transportation, transmitting, pursuant to during adjournment of the Senate in the Of- EC–628. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- fice of the President of the Senate on Janu- agement and Program Analyst, Federal ary 13, 2017; to the Committee on Commerce, ness Directives; The Boeing Company Air- Aviation Administration, Department of Science, and Transportation. planes’’ ((RIN2120–AA64) (Docket No. FAA– Transportation, transmitting, pursuant to EC–621. A communication from the Man- 2016–8845)) received during adjournment of agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- the Senate in the Office of the President of Aviation Administration, Department of ness Directives; Robinson Helicopter Com- the Senate on January 13, 2017; to the Com- Transportation, transmitting, pursuant to pany Helicopters’’ ((RIN2120–AA64) (Docket mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Airworthi- No. FAA–2016–0733)) received during adjourn- tation. ness Directives; Airbus Helicopters (Pre- ment of the Senate in the Office of the Presi- EC–614. A communication from the Man- viously Eurocopter France)’’ ((RIN2120–AA64) dent of the Senate on January 13, 2017; to the agement and Program Analyst, Federal (Docket No. FAA–2014–0498)) received during Committee on Commerce, Science, and Aviation Administration, Department of adjournment of the Senate in the Office of Transportation. Transportation, transmitting, pursuant to the President of the Senate on January 13, EC–629. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- 2017; to the Committee on Commerce, agement and Program Analyst, Federal ness Directives; The Boeing Company Air- Science, and Transportation. Aviation Administration, Department of planes’’ ((RIN2120–AA64) (Docket No. FAA– EC–622. A communication from the Man- Transportation, transmitting, pursuant to 2016–6898)) received during adjournment of agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- the Senate in the Office of the President of Aviation Administration, Department of ness Directives; B–N Group Ltd. Airplanes’’ the Senate on January 13, 2017; to the Com- Transportation, transmitting, pursuant to ((RIN2120–AA64) (Docket No. FAA–2016–9160)) mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Airworthi- received during adjournment of the Senate tation. ness Directives; AgustaWestland S.p.A. in the Office of the President of the Senate EC–615. A communication from the Man- (Agusta) Helicopters’’ ((RIN2120–AA64) on January 13, 2017; to the Committee on agement and Program Analyst, Federal (Docket No. FAA–2016–4278)) received during Commerce, Science, and Transportation. Aviation Administration, Department of adjournment of the Senate in the Office of EC–630. A communication from the Man- Transportation, transmitting, pursuant to the President of the Senate on January 13, agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Airworthi- 2017; to the Committee on Commerce, Aviation Administration, Department of ness Directives; The Boeing Company Air- Science, and Transportation. Transportation, transmitting, pursuant to planes’’ ((RIN2120–AA64) (Docket No. FAA– EC–623. A communication from the Man- law, the report of a rule entitled ‘‘Amend- 2015–7525)) received during adjournment of agement and Program Analyst, Federal ment of Class E Airspace; Cedar City, UT’’ the Senate in the Office of the President of Aviation Administration, Department of ((RIN2120–AA66) (Docket No. FAA–2016–9119)) the Senate on January 13, 2017; to the Com- Transportation, transmitting, pursuant to received during adjournment of the Senate mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Airworthi- in the Office of the President of the Senate tation. ness Directives; BAE Systems (Operations) on January 13, 2017; to the Committee on EC–616. A communication from the Man- Limited Airplanes’’ ((RIN2120–AA64) (Docket Commerce, Science, and Transportation. agement and Program Analyst, Federal No. FAA–2016–0457)) received during adjourn- EC–631. A communication from the Man- Aviation Administration, Department of ment of the Senate in the Office of the Presi- agement and Program Analyst, Federal Transportation, transmitting, pursuant to dent of the Senate on January 13, 2017; to the Aviation Administration, Department of law, the report of a rule entitled ‘‘Airworthi- Committee on Commerce, Science, and Transportation, transmitting, pursuant to ness Directives; The Boeing Company Air- Transportation. law, the report of a rule entitled ‘‘Amend- planes’’ ((RIN2120–AA64) (Docket No. FAA– EC–624. A communication from the Man- ment of Class E Airspace; Blue Mesa, CO’’ 2016–8850)) received during adjournment of agement and Program Analyst, Federal ((RIN2120–AA66) (Docket No. FAA–2016–7043)) the Senate in the Office of the President of Aviation Administration, Department of received during adjournment of the Senate the Senate on January 13, 2017; to the Com- Transportation, transmitting, pursuant to in the Office of the President of the Senate mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Airworthi- on January 13, 2017; to the Committee on tation. ness Directives; Viking Air Limited Air- Commerce, Science, and Transportation. EC–617. A communication from the Man- planes’’ ((RIN2120–AA64) (Docket No. FAA– EC–632. A communication from the Man- agement and Program Analyst, Federal 2016–9527)) received during adjournment of agement and Program Analyst, Federal Aviation Administration, Department of the Senate in the Office of the President of Aviation Administration, Department of Transportation, transmitting, pursuant to the Senate on January 13, 2017; to the Com- Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Airworthi- mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Amend- ness Directives; Bombardier, Inc. Airplanes’’ tation. ment of Class E Airspace; Kahului, HI’’

VerDate Sep 11 2014 03:56 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.010 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S443 ((RIN2120–AA66) (Docket No. FAA–2014–1068)) Measures’’ (RIN0648–BG12) received in the Of- the Senate on January 13, 2017; to the Com- received during adjournment of the Senate fice of the President of the Senate on Janu- mittee on Commerce, Science, and Transpor- in the Office of the President of the Senate ary 12, 2017; to the Committee on Commerce, tation. on January 13, 2017; to the Committee on Science, and Transportation. EC–647. A communication from the Assist- Commerce, Science, and Transportation. EC–640. A communication from the Deputy ant Chief Counsel for Regulatory Affairs, EC–633. A communication from the Man- Assistant Administrator for Regulatory Pro- Pipeline and Hazardous Materials Safety Ad- agement and Program Analyst, Federal grams, Office of Sustainable Fisheries, De- ministration, Department of Transportation, Aviation Administration, Department of partment of Commerce, transmitting, pursu- transmitting, pursuant to law, the report of Transportation, transmitting, pursuant to ant to law, the report of a rule entitled a rule entitled ‘‘Pipeline Safety: Safety of law, the report of a rule entitled ‘‘Establish- ‘‘Fisheries Off West Coast States; Coastal Underground Natural Gas Storage Facili- ment of Class E Airspace; Healy, AK’’ Pelagic Species Fisheries; Multi-Year Speci- ties’’ (RIN2137–AF22) received during ad- ((RIN2120–AA66) (Docket No. FAA–2016–9159)) fications for Monitored and Prohibited Har- journment of the Senate in the Office of the received during adjournment of the Senate vest Species Stock Categories’’ (RIN0648– President of the Senate on January 13, 2017; in the Office of the President of the Senate XC808) received in the Office of the President to the Committee on Commerce, Science, on January 13, 2017; to the Committee on of the Senate on January 12, 2017; to the and Transportation. Commerce, Science, and Transportation. Committee on Commerce, Science, and EC–648. A communication from the Chair- EC–634. A communication from the Man- Transportation. man of the Office of Proceedings and the Of- agement and Program Analyst, Federal EC–641. A communication from the Deputy fice of Economics, Surface Transportation Aviation Administration, Department of Assistant Administrator for Regulatory Pro- Board, Department of Transportation, trans- Transportation, transmitting, pursuant to grams, Office of Sustainable Fisheries, De- mitting, pursuant to law, the report of a rule law, the report of a rule entitled ‘‘Extension partment of Commerce, transmitting, pursu- entitled ‘‘Civil Monetary Penalty Inflation of the Prohibition Against Certain Flights ant to law, the report of a rule entitled Adjustment Rule’’ (Docket No. EP 716 (Sub– Within the Damascus (OSTT) Flight Infor- ‘‘Fisheries of the Exclusive Economic Zone No. 1)) received during adjournment of the mation Region (FIR)’’ ((RIN2120–AK93) off Alaska; Modifications to Recordkeeping Senate in the Office of the President of the (Docket No. FAA–2014–0708)) received during and Reporting Requirements’’ (RIN0648– Senate on January 18, 2017; to the Com- adjournment of the Senate in the Office of BF83) received in the Office of the President mittee on Commerce, Science, and Transpor- the President of the Senate on January 13, of the Senate on January 12, 2017; to the tation. 2017; to the Committee on Commerce, Committee on Commerce, Science, and EC–649. A communication from the Chair- Science, and Transportation. Transportation. man of the Office of Proceedings, Surface EC–635. A communication from the Man- EC–642. A communication from the Deputy Transportation Board, Department of Trans- agement and Program Analyst, Federal Assistant Administrator for Regulatory Pro- portation, transmitting, pursuant to law, the Aviation Administration, Department of grams, Office of Sustainable Fisheries, De- report of a rule entitled ‘‘United States Rail Transportation, transmitting, pursuant to partment of Commerce, transmitting, pursu- Service Issues—Performance Data Report- law, the report of a rule entitled ‘‘Establish- ant to law, the report of a rule entitled ing’’ (Docket No. EP 724 (Sub–No. 4)) re- ment of an Air Traffic Service (ATS) Route; ‘‘Fisheries of the Exclusive Economic Zone ceived during adjournment of the Senate in Western United States’’ ((RIN2120–AA66) off Alaska; Chinook Salmon Bycatch Man- the Office of the President of the Senate on (Docket No. FAA–2015–1345)) received during agement in the Gulf of Alaska Trawl Fish- January 18, 2017; to the Committee on Com- adjournment of the Senate in the Office of eries; Amendment 103’’ (RIN0648–BF84) re- merce, Science, and Transportation. EC–650. A communication from the Trial the President of the Senate on January 13, ceived in the Office of the President of the Attorney, Federal Railroad Administration, 2017; to the Committee on Commerce, Senate on January 12, 2017; to the Com- Department of Transportation, transmitting, Science, and Transportation. mittee on Commerce, Science, and Transpor- pursuant to law, the report of a rule entitled EC–636. A communication from the Man- tation. agement and Program Analyst, Federal EC–643. A communication from the Deputy ‘‘Monetary Threshold for Reporting Rail Aviation Administration, Department of Assistant Administrator for Regulatory Pro- Equipment Accidents/Incidents for Calendar Year 2017’’ (RIN2130–ZA14) received during Transportation, transmitting, pursuant to grams, Office of Sustainable Fisheries, De- adjournment of the Senate in the Office of law, the report of a rule entitled ‘‘Revoca- partment of Commerce, transmitting, pursu- the President of the Senate on January 13, tion of Offshore Airspace Areas; Control ant to law, the report of a rule entitled ‘‘Re- 2017; to the Committee on Commerce, 1154H, Control 1173H, Control 1154L, and Con- allocation of Pacific Cod in the Bering Sea Science, and Transportation. trol 1173L, California’’ ((RIN2120–AA66) and Aleutian Islands Management Area’’ EC–651. A communication from the Man- (Docket No. FAA–2016–9263)) received during (RIN0648–XF012) received in the Office of the agement and Program Analyst, Federal adjournment of the Senate in the Office of President of the Senate on January 12, 2017; Aviation Administration, Department of the President of the Senate on January 13, to the Committee on Commerce, Science, Transportation, transmitting, pursuant to 2017; to the Committee on Commerce, and Transportation. law, the report of a rule entitled ‘‘Airworthi- EC–644. A communication from the Deputy Science, and Transportation. ness Directives; The Boeing Company Air- EC–637. A communication from the Man- Assistant Administrator for Regulatory Pro- planes’’ ((RIN2120–AA64) (Docket No. FAA– agement and Program Analyst, Federal grams, Office of Sustainable Fisheries, De- 2015–5816)) received during adjournment of Aviation Administration, Department of partment of Commerce, transmitting, pursu- the Senate in the Office of the President of Transportation, transmitting, pursuant to ant to law, the report of a rule entitled the Senate on January 13, 2017; to the Com- law, the report of a rule entitled ‘‘Standard ‘‘Fisheries of the Exclusive Economic Zone mittee on Commerce, Science, and Transpor- Instrument Approach Procedures, and Take- off Alaska; Groundfish Fishery by Vessels tation. off Minimums and Obstacle Departure Proce- Using Trawl Gear in the Gulf of Alaska’’ EC–652. A communication from the Deputy dures; Miscellaneous Amendments (62); (RIN0648–XE990) received in the Office of the Chief of the Disability Rights Office, Con- Amdt. No. 3725’’ (RIN2120–AA65) received dur- President of the Senate on January 12, 2017; sumer and Governmental Affairs Bureau, ing adjournment of the Senate in the Office to the Committee on Commerce, Science, Federal Communications Commission, trans- of the President of the Senate on January 13, and Transportation. mitting, pursuant to law, the report of a rule EC–645. A communication from the Deputy 2017; to the Committee on Commerce, entitled ‘‘Transition from TTY to Real-Time Assistant Administrator for Regulatory Pro- Science, and Transportation. Text Technology; Petition for Rulemaking EC–638. A communication from the Man- grams, Office of Sustainable Fisheries, De- to Update the Commission’s Rules for Access agement and Program Analyst, Federal partment of Commerce, transmitting, pursu- to Support the Transition from TTY to Real- Aviation Administration, Department of ant to law, the report of a rule entitled Time Text Technology, and Petition for Transportation, transmitting, pursuant to ‘‘Fisheries of the Exclusive Economic Zone Waiver of Rules Requiring Support of TTY law, the report of a rule entitled ‘‘Standard off Alaska; Pacific Ocean Perch in the Ber- Technology’’ ((FCC 16–169) (CG Docket No. Instrument Approach Procedures, and Take- ing Sea Subarea of the Bering Sea and Aleu- 16–145 and GN Docket No. 15–178)) received in off Minimums and Obstacle Departure Proce- tian Islands Management Area’’ (RIN0648– the Office of the President of the Senate on dures; Miscellaneous Amendments (80); XE950) received in the Office of the President January 12, 2017; to the Committee on Com- Amdt. No. 3723’’ (RIN2120–AA65) received dur- of the Senate on January 12, 2017; to the merce, Science, and Transportation. ing adjournment of the Senate in the Office Committee on Commerce, Science, and of the President of the Senate on January 13, Transportation. f 2017; to the Committee on Commerce, EC–646. A communication from the Man- REPORTS OF COMMITTEES Science, and Transportation. agement and Program Analyst, Federal EC–639. A communication from the Deputy Aviation Administration, Department of The following reports of committees Assistant Administrator for Regulatory Pro- Transportation, transmitting, pursuant to were submitted: grams, Office of Sustainable Fisheries, De- law, the report of a rule entitled ‘‘Revision By Mr. THUNE, from the Committee on partment of Commerce, transmitting, pursu- of Airworthiness Standards for Normal, Util- Commerce, Science, and Transportation, ant to law, the report of a rule entitled ity, Acrobatic, and Commuter Category Air- without amendment: ‘‘Fisheries of the Caribbean, Gulf of Mexico, planes’’ ((RIN2120–AK65) (Docket No. FAA– S. Res. 20. An original resolution author- and South Atlantic; Reef Fish Fishery of the 2015–1621)) received during adjournment of izing expenditures by the Committee on Gulf of Mexico; Red Grouper Management the Senate in the Office of the President of Commerce, Science, and Transportation.

VerDate Sep 11 2014 03:56 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.012 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S444 CONGRESSIONAL RECORD — SENATE January 24, 2017

By Mr. GRASSLEY, from the Committee PERDUE, Mr. NELSON, Mr. BOOZMAN, generation-skipping transfer taxes, and for on the Judiciary, without amendment: Mr. BLUMENTHAL, Mr. LANKFORD, Mr. other purposes; to the Committee on Fi- S. Res. 21. An original resolution author- BROWN, Mr. SCHATZ, and Mr. HATCH): nance. izing expenditures by the Committee on the S. 198. A bill to require continued and en- By Mr. KAINE (for himself and Mr. Judiciary. hanced annual reporting to Congress in the PORTMAN): By Mr. CRAPO, from the Committee on Annual Report on International Religious S. 206. A bill to amend the Higher Edu- Banking, Housing, and Urban Affairs, with- Freedom on anti-Semitic incidents in Eu- cation Act of 1965 to allow the Secretary of out amendment: rope, the safety and security of European Education to award job training Federal Pell S. Res. 22. An original resolution author- Jewish communities, and the efforts of the Grants; to the Committee on Health, Edu- izing expenditures by the Committee on United States to partner with European gov- cation, Labor, and Pensions. Banking, Housing, and Urban Affairs. ernments, the , and civil so- By Ms. KLOBUCHAR (for herself, Mr. By Mr. ISAKSON, from the Committee on ciety groups, to combat anti-Semitism, and GRAHAM, Mrs. FEINSTEIN, Mr. GRASS- Veterans’ Affairs, without amendment: for other purposes; to the Committee on For- LEY, Mr. WHITEHOUSE, Mr. CORNYN, S. Res. 24. An original resolution author- eign Relations. Mr. BLUMENTHAL, Mr. TILLIS, and Mr. izing expenditures by the Committee on Vet- By Mr. BARRASSO (for himself and WARNER): erans’ Affairs. Mr. ENZI): S. 207. A bill to amend the Controlled Sub- S. 199. A bill to authorize the use of the ac- stances Act relating to controlled substance f tive capacity of the Fontenelle Reservoir; to analogues; to the Committee on the Judici- EXECUTIVE REPORTS OF the Committee on Energy and Natural Re- ary. sources. By Mr. KING (for himself and Mr. COMMITTEES By Mr. MARKEY: BURR): The following executive reports of S. 200. A bill to prohibit the conduct of a S. 208. A bill to amend the Internal Rev- first-use nuclear strike absent a declaration nominations were submitted: enue Code of 1986 to make the Child and De- of war by Congress; to the Committee on pendent Care Tax Credit fully refundable, By Mr. CRAPO for the Committee on Foreign Relations. and for other purposes; to the Committee on Banking, Housing, and Urban Affairs. By Mr. CORNYN (for himself and Mr. Finance. *Benjamin S. Carson, Sr., of Florida, to be CRUZ): Secretary of Housing and Urban Develop- S. 201. A bill to amend the Internal Rev- By Mr. CRAPO (for himself and Mr. ment. enue Code of 1986 to ensure that new wind RISCH): By Mr. THUNE for the Committee on Com- turbines located near certain military in- S. 209. A bill to authorize an additional dis- merce, Science, and Transportation. stallations are ineligible for the renewable trict judgeship for the district of Idaho; to the Committee on the Judiciary. *Wilbur L. Ross, Jr., of Florida, to be Sec- electricity production credit and the energy By Mrs. SHAHEEN (for herself, Ms. retary of Commerce. credit; to the Committee on Finance. COLLINS, Ms. BALDWIN, Ms. MUR- *Elaine L. Chao, of , to be Sec- By Mr. CRAPO (for himself, Mr. PAUL, KOWSKI, Mr. BENNET, Mr. retary of Transportation. Mr. MORAN, Mr. HELLER, Mr. HATCH, BLUMENTHAL, Mr. BOOKER, Mr. By Mr. CORKER for the Committee on Mr. INHOFE, Mr. DAINES, and Mr. ROB- BROWN, Ms. CANTWELL, Mr. CARDIN, Foreign Relations. ERTS): Mr. CARPER, Mr. COONS, Ms. *Nikki R. Haley, of South Carolina, to be S. 202. A bill to amend the Social Security DUCKWORTH, Mr. DURBIN, Mrs. FEIN- the Representative of the United States of Act relating to the use of determinations STEIN, Mr. FRANKEN, Mrs. GILLI- America to the United Nations, with the made by the Commissioner; to the Com- BRAND, Ms. HARRIS, Ms. HASSAN, Mr. rank and status of Ambassador Extraor- mittee on the Judiciary. HEINRICH, Ms. HIRONO, Mr. KAINE, Mr. dinary and Plenipotentiary, and the Rep- By Mr. BURR (for himself, Mr. ROUNDS, KING, Ms. KLOBUCHAR, Mr. LEAHY, resentative of the United States of America Mr. RUBIO, Mr. TILLIS, Mr. CRAPO, Mr. MARKEY, Mr. MENENDEZ, Mr. in the Security Council of the United Na- Mr. HELLER, Mr. GRAHAM, Mr. BOOZ- MERKLEY, Mr. MURPHY, Mrs. MUR- tions. MAN, Mr. MORAN, Mrs. ERNST, Mr. RAY, Mr. PETERS, Mr. REED, Mr. *Nikki R. Haley, of South Carolina, to be MANCHIN, Mr. INHOFE, Mrs. FISCHER, SANDERS, Mr. SCHATZ, Mr. SCHUMER, Representative of the United States of Amer- Mr. TESTER, and Mr. DONNELLY): Ms. STABENOW, Mr. TESTER, Mr. ica to the Sessions of the General Assembly S. 203. A bill to reaffirm that the Environ- mental Protection Agency may not regulate UDALL, Mr. VAN HOLLEN, Ms. WAR- of the United Nations during her tenure of vehicles used solely for competition, and for REN, Mr. WARNER, Mr. WHITEHOUSE, service as Representative of the United other purposes; to the Committee on Envi- Mr. WYDEN, Ms. CORTEZ MASTO, Mr. States of America to the United Nations. ronment and Public Works. NELSON, Mr. CASEY, and Mrs. MCCAS- *Nomination was reported with rec- By Mr. JOHNSON (for himself, Mr. KILL): ommendation that it be confirmed sub- BARRASSO, Mr. BLUNT, Mr. BOOZMAN, S. 210. A bill to prohibit the application of ject to the nominee’s commitment to Mrs. CAPITO, Mr. COCHRAN, Mr. certain restrictive eligibility requirements respond to requests to appear and tes- CORKER, Mr. COTTON, Mr. CRAPO, Mr. to foreign nongovernmental organizations tify before any duly constituted com- CRUZ, Mr. DAINES, Mr. DONNELLY, Mr. with respect to the provision of assistance under part I of the Foreign Assistance Act of mittee of the Senate. ENZI, Mrs. FISCHER, Mr. FLAKE, Mr. GARDNER, Mr. GRAHAM, Mr. GRASS- 1961; to the Committee on Foreign Relations. f LEY, Mr. HATCH, Mr. HELLER, Mr. By Mr. CRUZ (for himself and Mr. INTRODUCTION OF BILLS AND HOEVEN, Mr. INHOFE, Mr. ISAKSON, SHELBY): S. 211. A bill to amend the Immigration JOINT RESOLUTIONS Mr. KENNEDY, Mr. KING, Mr. LANKFORD, Mr. LEE, Mr. MANCHIN, and Nationality Act to permit the Governor The following bills and joint resolu- Mr. MCCAIN, Mr. MCCONNELL, Mr. of a State to reject the resettlement of a ref- tions were introduced, read the first MORAN, Ms. MURKOWSKI, Mr. PAUL, ugee in that State unless there is adequate and second times by unanimous con- Mr. PERDUE, Mr. RISCH, Mr. ROUNDS, assurance that the alien does not present a sent, and referred as indicated: Mr. RUBIO, Mr. SASSE, Mr. SHELBY, security risk, and for other purposes; to the Mr. SULLIVAN, Mr. TILLIS, Mr. Committee on the Judiciary. By Mr. FLAKE: TOOMEY, Mr. WICKER, and Mr. By Mr. CORNYN: S. 195. A bill to expedite the deployment of YOUNG): S. 212. A bill to provide for the develop- highway construction projects; to the Com- S. 204. A bill to authorize the use of unap- ment of a United States strategy for greater mittee on Environment and Public Works. proved medical products by patients diag- human space exploration, and for other pur- By Mr. CASSIDY (for himself, Mr. nosed with a terminal illness in accordance poses; to the Committee on Commerce, SCHATZ, Mr. RUBIO, Mr. DURBIN, Mr. with State law, and for other purposes; to Science, and Transportation. NELSON, and Mr. COONS): the Committee on Health, Education, Labor, By Ms. MURKOWSKI (for herself and S. 196. A bill to provide for a Public Health and Pensions. Mr. SULLIVAN): Emergency Fund, and for other purposes; to By Mr. THUNE (for himself, Mr. ALEX- S. 213. A bill to designate the wilderness the Committee on Health, Education, Labor, ANDER, Mr. BARRASSO, Mr. BLUNT, within the Lake Clark National Park and and Pensions. Mr. BOOZMAN, Mr. COCHRAN, Mr. COR- Preserve in the State of Alaska as the Jay S. By Mr. CRAPO (for himself, Mr. UDALL, NYN, Mr. CRAPO, Mr. CRUZ, Mr. Hammond Wilderness Area; to the Com- Mr. RISCH, Mr. HEINRICH, and Mr. DAINES, Mr. ENZI, Mrs. ERNST, Mrs. mittee on Energy and Natural Resources. BENNET): FISCHER, Mr. GARDNER, Mr. GRASS- By Ms. MURKOWSKI (for herself and S. 197. A bill to amend the Radiation Expo- LEY, Mr. HELLER, Mr. HOEVEN, Mr. Mr. SULLIVAN): sure Compensation Act to improve com- INHOFE, Mr. ISAKSON, Mr. LEE, Mr. S. 214. A bill to authorize the expansion of pensation for workers involved in uranium MCCONNELL, Mr. MORAN, Mr. ROB- an existing hydroelectric project; to the mining, and for other purposes; to the Com- ERTS, Mr. ROUNDS, Mr. SCOTT, Mr. Committee on Energy and Natural Re- mittee on the Judiciary. SHELBY, Mr. TILLIS, and Mr. FLAKE): sources. By Mr. RUBIO (for himself, Mr. KAINE, S. 205. A bill to amend the Internal Rev- By Ms. MURKOWSKI (for herself and Mr. GARDNER, Mr. MENENDEZ, Mr. enue Code of 1986 to repeal the estate and Mr. SULLIVAN):

VerDate Sep 11 2014 05:22 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.015 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S445

S. 215. A bill to authorize the Federal En- across State lines in circumvention of laws CORNYN, Mr. CRUZ, Mr. HATCH, Mr. ergy Regulatory Commission to issue an requiring the involvement of parents in abor- WICKER, and Mr. BOOZMAN): order continuing a stay of a hydroelectric li- tions decisions; to the Committee on the Ju- S. 235. A bill to expand opportunity cense for the Mahoney Lake hydroelectric diciary. through greater choice in education, and for project in the State of Alaska, and for other By Mr. WYDEN (for himself and Mr. other purposes; to the Committee on Health, purposes; to the Committee on Energy and MERKLEY): Education, Labor, and Pensions. Natural Resources. S. 225. A bill to amend the Omnibus Public By Mr. LEE (for himself and Mr. By Mr. BARRASSO (for himself and Land Management Act of 2009 to modify pro- GRASSLEY): Mr. SCHATZ): visions relating to certain land exchanges in S.J. Res. 7. A joint resolution proposing an S. 216. A bill to require the Secretary of the Mt. Hood Wilderness in the State of Or- amendment to the Constitution of the the Interior to submit to Congress a report egon; to the Committee on Energy and Nat- United States requiring that the Federal on the efforts of the Bureau of Reclamation ural Resources. budget be balanced; to the Committee on the to manage its infrastructure assets; to the By Mr. PORTMAN (for himself, Mrs. Judiciary. Committee on Energy and Natural Re- SHAHEEN, and Ms. CANTWELL): By Mr. UDALL (for himself, Mr. BEN- sources. S. 226. A bill to exclude power supply cir- NET, Mr. DURBIN, Mr. SANDERS, Mr. By Ms. MURKOWSKI (for herself and cuits, drivers, and devices to be connected TESTER, Ms. BALDWIN, Mr. Mr. SULLIVAN): to, and power, light-emitting diodes or or- BLUMENTHAL, Mr. BOOKER, Mr. S. 217. A bill to amend the Denali National ganic light-emitting diodes providing illu- BROWN, Ms. CANTWELL, Mr. CARPER, Park Improvement Act to clarify certain mination or ceiling fans using direct current Mr. CASEY, Mr. COONS, Ms. CORTEZ provisions relating to the natural gas pipe- motors from energy conservation standards MASTO, Mr. FRANKEN, Mrs. GILLI- line authorized in the Denali National Park for external power supplies; to the Com- BRAND, Ms. HASSAN, Mr. HEINRICH, and Preserve; to the Committee on Energy mittee on Energy and Natural Resources. and Natural Resources. Ms. HIRONO, Mr. KING, Ms. KLO- By Mr. RUBIO (for himself, Mr. YOUNG, By Mr. GARDNER: BUCHAR, Mr. MARKEY, Mrs. MCCAS- and Mr. CORNYN): S. 218. A bill to restrict the inclusion of so- KILL, Mr. MENENDEZ, Mr. MURPHY, S. 227. A bill to impose nonnuclear sanc- cial security account numbers on documents Mrs. MURRAY, Mr. NELSON, Mr. tions with respect to Iran, and for other pur- sent by mail by the Federal Government, PETERS, Mr. REED, Mrs. SHAHEEN, Ms. poses; to the Committee on Banking, Hous- and for other purposes; to the Committee on STABENOW, Mr. VAN HOLLEN, Ms. Homeland Security and Governmental Af- ing, and Urban Affairs. WARREN, Mr. WHITEHOUSE, Mr. fairs. By Mr. DAINES (for himself and Mr. WYDEN, and Mr. CARDIN): MANCHIN): By Mr. COTTON (for himself, Mr. BOOZ- S.J. Res. 8. A joint resolution proposing an S. 228. A bill to ensure that small business MAN, Mr. WICKER, Mr. COCHRAN, Mr. amendment to the Constitution of the providers of broadband Internet access serv- SHELBY, and Mr. TILLIS): United States relating to contributions and S. 219. A bill to provide the force and effect ice can devote resources to broadband de- expenditures intended to affect elections; to of law for certain regulations relating to the ployment rather than compliance with cum- the Committee on the Judiciary. bersome regulatory requirements, and for taking of double-crested cormorants to re- f duce depredation at aquaculture facilities other purposes; to the Committee on Com- and protect public resources; to the Com- merce, Science, and Transportation. SUBMISSION OF CONCURRENT AND By Mr. HEINRICH (for himself, Ms. mittee on Environment and Public Works. SENATE RESOLUTIONS By Mr. SASSE (for himself, Mr. BAR- CORTEZ MASTO, Mr. UDALL, Mr. VAN RASSO, Mr. BLUNT, Mr. BOOZMAN, Mr. HOLLEN, Mr. BOOKER, Ms. HARRIS, Mr. The following concurrent resolutions BURR, Mr. CASSIDY, Mr. COTTON, Mr. WYDEN, and Mr. REED): and Senate resolutions were read, and S. 229. A bill to provide for the confiden- CRUZ, Mr. DAINES, Mr. ENZI, Mrs. referred (or acted upon), as indicated: tiality of information submitted in requests FISCHER, Mr. GRAHAM, Mr. GRASSLEY, for the Deferred Action for Childhood Arriv- By Mr. THUNE: Mr. INHOFE, Mr. JOHNSON, Mr. als Program and for other purposes; to the S. Res. 20. An original resolution author- LANKFORD, Mr. MCCAIN, Mr. MCCON- Committee on the Judiciary. izing expenditures by the Committee on NELL, Mr. MORAN, Mr. PERDUE, Mr. By Mr. CASSIDY: Commerce, Science, and Transportation; PORTMAN, Mr. RISCH, Mr. ROBERTS, S. 230. A bill to amend the Internal Rev- from the Committee on Commerce, Science, Mr. RUBIO, Mr. SCOTT, Mr. TILLIS, Mr. enue Code of 1986 to allow a credit against and Transportation; to the Committee on WICKER, and Mr. ISAKSON): income tax for facilities using a qualified Rules and Administration. S. 220. A bill to amend title 18, United By Mr. GRASSLEY: States Code, to prohibit a health care practi- methane conversion technology to provide transportation fuels and chemicals; to the S. Res. 21. An original resolution author- tioner from failing to exercise the proper de- izing expenditures by the Committee on the gree of care in the case of a child who sur- Committee on Finance. By Mr. PAUL (for himself, Mr. RISCH, Judiciary; from the Committee on the Judi- vives an abortion or attempted abortion; to ciary; to the Committee on Rules and Ad- the Committee on the Judiciary. Mr. ROUNDS, Mr. CRAPO, Mr. SCOTT, Mr. THUNE, Mr. PERDUE, Mr. INHOFE, ministration. By Mr. DAINES (for himself, Mr. By Mr. CRAPO: PERDUE, Mr. CRUZ, Mr. LEE, Mr. and Mr. BOOZMAN): S. 231. A bill to implement equal protec- S. Res. 22. An original resolution author- JOHNSON, and Mr. RUBIO): izing expenditures by the Committee on S. 221. A bill to allow a State to submit a tion under the 14th Amendment to the Con- Banking, Housing, and Urban Affairs; from declaration of intent to the Secretary of stitution of the United States for the right the Committee on Banking, Housing, and Education to combine certain funds to im- to life of each born and preborn human per- Urban Affairs; to the Committee on Rules prove the academic achievement of students; son; to the Committee on the Judiciary. to the Committee on Health, Education, By Mrs. FEINSTEIN (for herself and and Administration. Labor, and Pensions. Mr. GRASSLEY): By Mr. GARDNER (for himself and Mr. By Mr. PAUL: S. 232. A bill to terminate the EB–5 Visa COONS): S. 222. A bill to repeal provisions of the Pa- Program and to reallocate the employment S. Res. 23. A resolution establishing the tient Protection and Affordable Care Act and creation visas to the other employment- Select Committee on Cybersecurity; to the provide private health insurance reform, and based visa classifications; to the Committee Committee on Rules and Administration. for other purposes; to the Committee on Fi- on the Judiciary. By Mr. ISAKSON: nance. By Mr. WARNER (for himself, Ms. COL- S. Res. 24. An original resolution author- By Ms. COLLINS (for herself, Mrs. LINS, Ms. WARREN, Mr. BURR, Mr. izing expenditures by the Committee on Vet- MCCASKILL, Mr. ISAKSON, Mr. CASEY, RUBIO, Mr. TESTER, Mrs. GILLIBRAND, erans’ Affairs; from the Committee on Vet- Mr. TILLIS, Ms. KLOBUCHAR, Mr. Mr. MARKEY, Mr. TILLIS, Mr. NELSON, erans’ Affairs; to the Committee on Rules WICKER, Mrs. SHAHEEN, Mrs. CAPITO, Mr. GARDNER, Ms. STABENOW, Mr. and Administration. Mr. TESTER, Mr. BARRASSO, Mr. DON- KING, Mr. KAINE, Mr. BENNET, Mr. By Mr. CRAPO (for himself, Mr. UDALL, NELLY, Mr. HELLER, Mr. KING, and DAINES, and Mr. PETERS): Mr. RISCH, Mr. HEINRICH, and Mr. Mr. KAINE): S. 233. A bill to authorize the Secretary of BENNET): S. 223. A bill to provide immunity from Veterans Affairs to carry out certain major S. Res. 25. A resolution designating Janu- suit for certain individuals who disclose po- medical facility leases of the Department of ary 27, 2017, as a national day of remem- tential examples of financial exploitation of Veterans Affairs; to the Committee on Vet- brance for people of the United States who, senior citizens, and for other purposes; to the erans’ Affairs. during the Cold War, worked and lived down- Committee on Banking, Housing, and Urban By Mr. DONNELLY (for himself, Mrs. wind from nuclear testing sites and were ad- Affairs. GILLIBRAND, and Mr. BROWN): versely affected by the radiation exposure By Mr. RUBIO (for himself, Mr. HATCH, S. 234. A bill to provide incentives for busi- generated by the above ground nuclear weap- Mr. CRUZ, Mr. BLUNT, and Mr. nesses to keep jobs in America; to the Com- ons testing; to the Committee on the Judici- DAINES): mittee on Finance. ary. S. 224. A bill to amend title 18, United By Mr. SCOTT (for himself, Mr. By Mr. SCOTT (for himself, Mr. ALEX- States Code, to prohibit taking minors MCCONNELL, Mr. ALEXANDER, Mr. ANDER, Mrs. FEINSTEIN, Mr. CASSIDY,

VerDate Sep 11 2014 03:56 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.018 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S446 CONGRESSIONAL RECORD — SENATE January 24, 2017 Mr. MCCAIN, Mr. TILLIS, Mr. HATCH, S. 56 national security and manufacturing Mr. PERDUE, Mr. WICKER, Mr. RUBIO, At the request of Mr. SULLIVAN, the competitiveness of the United States, Mr. DAINES, Mr. BOOZMAN, Mr. JOHN- name of the Senator from Iowa (Mrs. and for other purposes. SON, Mr. CORNYN, Mr. CRUZ, Mr. ERNST) was added as a cosponsor of S. S. 166 YOUNG, Mr. MCCONNELL, Mr. ENZI, Mr. GARDNER, Mr. LANKFORD, and Mr. 56, a bill to require each agency to re- At the request of Mr. HATCH, the TOOMEY): peal or amend 2 or more rules before name of the Senator from Kentucky S. Res. 26. A resolution designating the issuing or amending a rule. (Mr. MCCONNELL) was added as a co- week of January 22 through January 28, 2017, S. 80 sponsor of S. 166, a bill to require the as ‘‘National School Choice Week’’ ; consid- At the request of Mr. CRAPO, the Secretary of the Treasury to mint ered and agreed to. name of the Senator from Arkansas coins in commemoration of Muham- By Mr. CRUZ (for himself, Mr. NELSON, OOZMAN mad Ali. Mr. PETERS, Mr. DURBIN, Mr. VAN (Mr. B ) was added as a cospon- HOLLEN, Mr. RUBIO, Mr. INHOFE, Ms. sor of S. 80, a bill to protect the right S. 168 HASSAN, Mr. CORNYN, Mr. THUNE, Mr. of individuals to bear arms at water re- At the request of Mr. WICKER, the WICKER, and Mr. GARDNER): sources development projects. names of the Senator from Hawaii (Mr. S. Res. 27. A resolution honoring the life S. 81 SCHATZ), the Senator from Alaska (Mr. and achievements of Eugene A. ‘‘Gene’’ At the request of Ms. KLOBUCHAR, the SULLIVAN) and the Senator from Mis- Cernan; to the Committee on the Judiciary. souri (Mrs. MCCASKILL) were added as By Mr. BARRASSO (for himself and name of the Senator from Maine (Mr. Ms. HEITKAMP): KING) was added as a cosponsor of S. 81, cosponsors of S. 168, a bill to amend S. Con. Res. 6. A concurrent resolution sup- a bill to establish an advisory office and enhance certain maritime pro- porting the Local Radio Freedom Act; to the within the Bureau of Consumer Protec- grams of the Department of Transpor- Committee on Commerce, Science, and tion of the Federal Trade Commission tation. Transportation. to prevent fraud targeting seniors, and S. 169 f for other purposes. At the request of Mr. RUBIO, the S. 86 names of the Senator from Mississippi ADDITIONAL COSPONSORS At the request of Mr. MCCAIN, the (Mr. WICKER) and the Senator from S. 21 name of the Senator from Texas (Mr. Oklahoma (Mr. INHOFE) were added as At the request of Mr. PAUL, the CRUZ) was added as a cosponsor of S. 86, cosponsors of S. 169, a bill to counter names of the Senator from Georgia a bill to amend the Veterans Access, anti-Semitism at the United Nations, (Mr. PERDUE), the Senator from Ohio Choice, and Accountability Act of 2014 and for other purposes. (Mr. PORTMAN) and the Senator from to modify the termination date for the S. 170 Arizona (Mr. FLAKE) were added as co- Veterans Choice Program. At the request of Mr. RUBIO, the sponsors of S. 21, a bill to amend chap- S. 104 names of the Senator from Mississippi ter 8 of title 5, United States Code, to At the request of Mrs. GILLIBRAND, (Mr. WICKER), the Senator from Okla- provide that major rules of the execu- the names of the Senator from Dela- homa (Mr. LANKFORD), the Senator tive branch shall have no force or ef- ware (Mr. COONS), the Senator from Ne- from Indiana (Mr. YOUNG), the Senator fect unless a joint resolution of ap- vada (Ms. CORTEZ MASTO) and the Sen- from West Virginia (Mrs. CAPITO), the proval is enacted into law. ator from Massachusetts (Ms. WARREN) Senator from Oklahoma (Mr. INHOFE), S. 26 were added as cosponsors of S. 104, a the Senator from Georgia (Mr. PERDUE) At the request of Mr. WYDEN, the bill to provide for the vacating of cer- and the Senator from Nevada (Mr. name of the Senator from Rhode Island tain convictions and expungement of HELLER) were added as cosponsors of S. (Mr. WHITEHOUSE) was added as a co- certain arrests of victims of human 170, a bill to provide for nonpreemption sponsor of S. 26, a bill to amend the trafficking. of measures by State and local govern- Ethics in Government Act of 1978 to re- S. 139 ments to divest from entities that en- quire the disclosure of certain tax re- At the request of Mr. HATCH, the gage in commerce-related or invest- turns by Presidents and certain can- name of the Senator from Delaware ment-related boycott, divestment, or didates for the office of the President, (Mr. COONS) was added as a cosponsor sanctions activities targeting Israel, and for other purposes. of S. 139, a bill to implement the use of and for other purposes. S. 27 Rapid DNA instruments to inform deci- S. 179 At the request of Mr. CARDIN, the sions about pretrial release or deten- At the request of Mr. GRASSLEY, the name of the Senator from Wisconsin tion and their conditions, to solve and name of the Senator from West Vir- (Ms. BALDWIN) was added as a cospon- prevent violent crimes and other ginia (Mrs. CAPITO) was added as a co- sor of S. 27, a bill to establish an inde- crimes, to exonerate the innocent, to sponsor of S. 179, a bill to expand the pendent commission to examine and prevent DNA analysis backlogs, and for use of E–Verify, to hold employers ac- report on the facts regarding the ex- other purposes. countable, and for other purposes. tent of Russian official and unofficial S. 143 S. 184 cyber operations and other attempts to At the request of Mr. CASEY, the At the request of Mr. WICKER, the interfere in the 2016 United States na- name of the Senator from Montana name of the Senator from South Da- tional election, and for other purposes. (Mr. TESTER) was added as a cosponsor kota (Mr. ROUNDS) was added as a co- S. 47 of S. 143, a bill to amend the Internal sponsor of S. 184, a bill to prohibit tax- At the request of Mr. RUBIO, the Revenue Code of 1986 to allow a credit payer funded abortions. name of the Senator from Kansas (Mr. against income tax for amounts paid S.J. RES. 5 ROBERTS) was added as a cosponsor of by a spouse of a member of the Armed At the request of Mr. CARDIN, the S. 47, a bill to prevent proposed regula- Forces for a new State license or cer- names of the Senator from California tions relating to restrictions on liq- tification required by reason of a per- (Ms. HARRIS), the Senator from New uidation of an interest with respect to manent change in the duty station of Hampshire (Ms. HASSAN), the Senator estate, gift, and generation-skipping such member to another State. from New Mexico (Mr. HEINRICH), the transfer taxes from taking effect. S. 145 Senator from Illinois (Mr. DURBIN) and S. 54 At the request of Mr. HELLER, the the Senator from New Hampshire (Mrs. At the request of Ms. CANTWELL, her name of the Senator from Idaho (Mr. SHAHEEN) were added as cosponsors of name was added as a cosponsor of S. 54, CRAPO) was added as a cosponsor of S. S.J. Res. 5, a joint resolution removing a bill to prohibit the creation of an im- 145, a bill to require the Secretary of the deadline for the ratification of the migration-related registry program the Interior and the Secretary of Agri- equal rights amendment. that classifies people on the basis of re- culture to more efficiently develop do- S.J. RES. 6 ligion, race, age, gender, ethnicity, na- mestic sources of the minerals and At the request of Mr. MENENDEZ, the tional origin, nationality, or citizen- mineral materials of strategic and crit- name of the Senator from Illinois (Mr. ship. ical importance to the economic and DURBIN) was added as a cosponsor of

VerDate Sep 11 2014 03:56 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.020 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S447 S.J. Res. 6, a joint resolution proposing Federal wage reporting surveys, which However, despite the bipartisan con- an amendment to the Constitution of are a key metric used to determine pre- sensus on both ends of Pennsylvania the United States relative to equal vailing wages, are fundamentally Avenue for infrastructure investment, rights for men and women. flawed. Of all the wage report surveys visions for the road ahead actually di- S. CON. RES. 4 reviewed by the IG, 100 percent con- verge. With a projected pricetag north At the request of Mr. CARDIN, the tained flaws. Let me say that again: 100 of $800 billion for highways and bridges name of the Senator from Missouri percent of all the surveys were flawed. alone, every Federal dollar needs to be (Mrs. MCCASKILL) was added as a co- In addition, some of the wage surveys spent as efficiently as possible. sponsor of S. Con. Res. 4, a concurrent have not been updated since the 1980s. The TIRE Act will return wage deter- resolution clarifying any potential The bottom line is that every time minations for Federal transportation misunderstanding as to whether ac- Davis-Bacon applies to a Federal projects where they belong, and that is tions taken by President-elect Donald project, less money is going to con- the market. Trump constitute a violation of the struction and more money is going to By Mr. CORNYN (for himself and Emoluments Clause, and calling on meet onerous wage requirements. Ac- cording to the Beacon Hill Institute, Mr. CRUZ): President-elect Trump to divest his in- Davis-Bacon forces taxpayers to pay 22 S. 201. A bill to amend the Internal terest in, and sever his relationship to, percent above the market rate for Revenue Code of 1986 to ensure that the Trump Organization. labor on Federal infrastructure new wind turbines located near certain S. RES. 6 projects. military installations are ineligible for At the request of Mr. RUBIO, the This is largely the result of dis- the renewable electricity production name of the Senator from New Hamp- proportionate union participation in credit and the energy credit; to the shire (Mrs. SHAHEEN) was added as a co- flawed wage surveys that skew Federal Committee on Finance. sponsor of S. Res. 6, a resolution ob- decisionmaking. Now, despite rep- Mr. CORNYN. Mr. President, I ask jecting to United Nations Security resenting only 4 percent of the con- unanimous consent that the text of the Council Resolution 2334 and to all ef- struction industry, unions are able to bill be printed in the RECORD. forts that undermine direct negotia- leverage their clout with Federal bu- There being no objection, the text of tions between Israel and the Palestin- reaucrats to inflate more than 60 per- the bill was ordered to be printed in ians for a secure and peaceful settle- cent of prevailing wages—talk about the RECORD, as follows: ment. benefitting a few at the expense of the S. 201 S. RES. 9 many. Be it enacted by the Senate and House of Rep- At the request of Mr. HATCH, the Here is some perspective on what it resentatives of the United States of America in name of the Senator from Rhode Island means in real dollars. In 2016, the Fed- Congress assembled, (Mr. REED) was added as a cosponsor of eral Government spent $23 billion on SECTION 1. SHORT TITLE. S. Res. 9, a resolution honoring in Federal construction projects, and 2.1 This Act may be cited as the ‘‘Protection praise and remembrance the extraor- billion of these dollars was spent on of Military Airfields from Wind Turbine En- croachment Act’’. dinary life, steady leadership, and re- above-rate labor costs. SEC. 2. NEW WIND TURBINES LOCATED NEAR markable, 70-year reign of King Again, $2.1 billion of the $23 billion spent was on above-market-rate labor CERTAIN MILITARY INSTALLATIONS. Bhumibol Adulyadej of Thailand. (a) IN GENERAL.—Paragraph (1) of section costs. This means that nearly 10 per- S. RES. 15 45(d) of the Internal Revenue Code of 1986 is cent of all Federal construction spend- At the request of Mr. LEE, the name amended by striking ‘‘Such term’’ and all ing last year went to inflated con- of the Senator from Florida (Mr. that follows through the period and inserting tracts. Not only does this translate the following: ‘‘Such term shall not in- RUBIO) was added as a cosponsor of S. into less construction funding going to clude— Res. 15, a resolution expressing the actual construction, but according to ‘‘(A) any facility with respect to which any sense of the Senate that the Mexico George Mason University, it results in qualified small wind energy property expend- City policy should be permanently es- roughly 30,000 lost construction jobs. iture (as defined in subsection (d)(4) of sec- tablished. So we lose both on the projects and tion 25D) is taken into account in deter- f mining the credit under such section, or the jobs that are created. More broad- ‘‘(B) any facility which is originally placed STATEMENTS ON INTRODUCED ly, it discriminates against small busi- in service after the date of the enactment of BILLS AND JOINT RESOLUTIONS nesses that don’t have the resources to the Protection of Military Airfields from meet onerous Federal reporting and Wind Turbine Encroachment Act and is lo- By Mr. FLAKE: compliance requirements. Now, while cated within a 30-mile radius of— S. 195. A bill to expedite the deploy- it may be well-intentioned, Davis- ‘‘(i) an airfield or airbase under the juris- ment of highway construction projects; Bacon ends up eliminating decent-pay- diction of a military department which is in to the Committee on Environment and ing construction jobs and hampering active use, or Public Works. infrastructure spending. ‘‘(ii) an air traffic control radar site, Mr. FLAKE. Mr. President, I rise to I have often talked to State and local weather radar site, or aircraft navigation aid speak of legislation I am introducing which is— officials who will say that if you have ‘‘(I) owned or operated by the Department today—the Transportation Investment two bridges across the same river, even Recalibration to Equality Act, or the of Defense, and if they are just 100 yards or 200 yards or ‘‘(II) a permanent land-based structure at a TIRE Act. The TIRE Act would sus- a mile apart with the same underlying fixed location.’’. pend the Davis-Bacon prevailing wage costs—or what should be the same un- (b) QUALIFIED SMALL WIND ENERGY PROP- requirement on all transportation-re- derlying costs—if there are Federal ERTY.—Paragraph (4) of section 48(c) of the lated infrastructure contracts. This moneys involved in one and no Federal Internal Revenue Code of 1986 is amended— would free up billions more in taxpayer moneys involved in the other, the one (1) by redesignating subparagraph (C) as subparagraph (D), and dollars to be spent on jobs and on with Federal moneys will cost signifi- projects. (2) by inserting after subparagraph (B) the cantly more, and a big portion of that following: For those who are not familiar, is because of Davis-Bacon require- ‘‘(C) EXCEPTION.—The term ‘qualifying Davis-Bacon is a Depression-era law ments. small wind energy property’ shall not in- that requires contractors on Federal Now, in this body, we have to look clude any property which is originally placed construction projects to pay workers for issues to bridge the partisan divide. in service after the date of the enactment of no less than the so-called local pre- It turns out that one of these issues is the Protection of Military Airfields from vailing wage. Now, since its enactment bridges, roads, dams, and other infra- Wind Turbine Encroachment Act and is lo- over 80 years ago, the Department of structure projects. Fixing our Nation’s cated within a 30-mile radius of any property Labor has been unable to devise an ef- crumbling infrastructure is a top pri- described in clause (i) or (ii) of section 45(d)(1)(B).’’. fective system for determining pre- ority for many in Congress, and the (c) EFFECTIVE DATE.—The amendments vailing wages. new administration has touted a large made by this section shall apply to property In fact, a 2004 Department of Labor infrastructure package as one of its placed in service after the date of the enact- inspector general report revealed that agenda items. ment of this Act.

VerDate Sep 11 2014 03:56 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.022 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S448 CONGRESSIONAL RECORD — SENATE January 24, 2017 By Mr. KAINE (for himself and ing high-quality postsecondary creden- on Human Spaceflight concluded that many Mr. PORTMAN): tials by requiring that the credentials practical and aspirational rationales to- S. 206. A bill to amend the Higher meet the standards under the Work- gether constitute a compelling case for Education Act of 1965 to allow the Sec- force Innovation and Opportunity Act, human space exploration. These rationales retary of Education to award job train- include economic benefits, national security, are recognized by employers, industry, national prestige, inspiring students and ing Federal Pell Grants; to the Com- or sector partnerships, and align with other citizens, scientific discovery, human mittee on Health, Education, Labor, the skill needs of industries in the survival, and a sense of shared destiny. and Pensions. States or local economies. In Virginia, (3) The Committee on Human Spaceflight Mr. KAINE. Mr. President, by 2020, it the Virginia Community College Sys- affirmed that Mars is the appropriate long- is estimated that 65 percent of all jobs tem has identified approximately 50 term goal for the human space flight pro- will require at least some form of post- programs that would benefit from the gram. secondary education and training. The JOBS Act including in the fields of (4) The Committee on Human Spaceflight recommended that the National Aeronautics National Skills Coalition estimates manufacturing, architecture/construc- that nearly half of all job openings be- and Space Administration define a series of tion, energy, health care, information sustainable steps and conduct mission plan- tween now and 2022 will be middle skill technology, transportation, and busi- jobs that require education beyond ning and technology development as needed ness management and administration. to achieve the long-term goal of placing hu- high school, but not a four-year degree. The JOBS Act is a commonsense, bi- mans on the surface of Mars. While the number of students pursing partisan bill that would help workers postsecondary education is growing, SEC. 3. HUMAN EXPLORATION STRATEGY. and employers succeed in today’s econ- the supply of skilled workers still falls UMAN XPLORATION OF ARS omy. As Congress works to reauthorize (a) H E M .—Section short of industry demand. According to 202(b) of the National Aeronautics and Space the Higher Education Act, I hope that the Bureau of Labor and Statistics, 5.5 Administration Authorization Act of 2010 (42 my colleagues ensure that Pell Grants million U.S. jobs are currently vacant, U.S.C. 18312(b)) is amended— in part, because of a shortage of quali- are accessible for individuals partici- (1) in paragraph (3), by striking ‘‘and’’ at fied workers. pating in high-quality, short-term oc- the end; Our current Federal higher education cupational training programs that are (2) in paragraph (4), by striking the period at the end and inserting ‘‘; and’’; and policy must be improved to help solve leading to industry-recognized creden- tials and certificates. (3) by adding at the end the following: this problem. Pell Grants, needs-based ‘‘(5) to achieve human exploration of Mars, grants for low-income and working stu- By Mr. CORNYN: including the establishment of a capability dents, can only be awarded towards S. 212. A bill to provide for the devel- to extend human presence to the surface of programs that are over 600 clock hours Mars.’’. opment of a United States strategy for or at least 15 weeks in length. These greater human space exploration, and (b) EXPLORATION STRATEGY.— grants cannot be used to support many (1) IN GENERAL.—In accordance with this for other purposes; to the Committee of the short-term occupational training subsection, the Administrator of the Na- on Commerce, Science, and Transpor- programs at community and technical tional Aeronautics and Space Administra- tation. colleges and other institutions that tion shall submit an interim report and final Mr. CORNYN. Mr. President, I ask provide skills and credentials employ- report setting forth a strategy to achieve the unanimous consent that the text of the objective in paragraph (5) of section 202(b) of ers need and recognize. When it comes bill be printed in the RECORD. the National Aeronautics and Space Admin- to higher education, Federal policies There being no objection, the text of istration Authorization Act of 2010, as need to support the demands of the the bill was ordered to be printed in amended by subsection (a) of this section, changing labor market and support ca- through a series of successive, sustainable, the RECORD, as follows: reer pathways that align with industry free-standing, but complementary missions demand. According the Georgetown S. 212 making robust utilization of cis-lunar space University Center on Education and Be it enacted by the Senate and House of Rep- and employing the Space Launch System, the Workforce, shorter-term edu- resentatives of the United States of America in Orion crew capsule, and other capabilities Congress assembled, cational investments pay off—the aver- provided under titles III, IV, V, and IX of SECTION 1. SHORT TITLE. that Act (42 U.S.C. 18301 et seq.). age postsecondary certificate holder This Act may be cited as the ‘‘Mapping a (2) STRATEGY REQUIREMENTS.—In devel- has 20 percent higher lifetime earnings New and Innovative Focus on Our Explo- oping the strategy under paragraph (1), the than individuals with only a high ration Strategy for Human Spaceflight Act Administrator shall include— school diploma. of 2017’’ or the ‘‘MANIFEST for Human (A) the utility of an expanded human pres- Today, I am pleased to introduce Spaceflight Act of 2017’’. ence in cis-lunar space toward enabling mis- with my colleague, Senator PORTMAN, SEC. 2. REAFFIRMATION OF POLICY AND FIND- sions to various lunar orbits, the lunar sur- the Jumpstart Our Businesses by Sup- INGS. face, asteroids, Mars, the moons of Mars, and porting Students or JOBS Act. The (a) REAFFIRMATION OF POLICY.—Congress other destinations of interest for future JOBS Act would close the ‘‘skills gap’’ reaffirms that the long-term goal of the human exploration and development; by expanding Pell Grant eligibility to human space flight and exploration efforts of (B) the utility of an expanded human pres- the National Aeronautics and Space Admin- ence in cis-lunar space for economic, sci- cover high-quality and rigorous short- istration shall be to expand permanent entific, and technological advances; term job training programs so workers human presence beyond low-Earth orbit and (C) the opportunities for collaboration can afford the skills training and cre- to do so, where practical, in a manner in- with— dentials that are in high-demand in to- volving international partners, as stated in (i) international partners; day’s job market. Since job training section 202(a) of the National Aeronautics (ii) private industry; and programs are shorter and less costly, and Space Administration Authorization Act (iii) other Federal agencies, including mis- Pell Grant awards would be half of the of 2010 (42 U.S.C. 18312(a)). sions relevant to national security or sci- current discretionary Pell amount. The (b) FINDINGS.—Congress makes the fol- entific needs; legislation defines eligible job training lowing findings: (D) the opportunities specifically afforded (1) In accordance with section 204 of the by the International Space Station (ISS) to programs as those providing career and National Aeronautics and Space Administra- support high priority scientific research and technical education instruction at an tion Authorization Act of 2010 (Public Law technological developments useful in ex- institution that provides at least 150 111–267; 124 Stat. 2813), the National Academy panding and sustaining a human presence in clock hours of instruction time over a of Sciences, through its Committee on cis-lunar space and beyond; period of at least 8 weeks and that pro- Human Spaceflight, conducted a review of (E) a range of exploration mission archi- vides training that meets the needs of the goals, core capabilities, and direction of tectures and approaches for the missions the local or regional workforce. These human space flight, and published the find- identified under paragraph (1), including ca- programs must also provide students ings and recommendations in a 2014 report pabilities for the Orion crew capsule and the with licenses, certifications, or creden- entitled ‘‘Pathways to Exploration: Ration- Space Launch System; ales and Approaches for a U.S. Program of (F) a comparison of architectures and ap- tials that meet the hiring requirements Human Space Exploration’’. proaches based on— of multiple employers in the field for (2) The Committee on Human Spaceflight (i) assessed value of factors including cost which the job training is offered. included leaders from the aerospace, sci- effectiveness, schedule resiliency, safety, The JOBS Act also ensures that stu- entific, security, and policy communities. sustainability, and opportunities for inter- dents who receive Pell Grants are earn- With input from the public, the Committee national collaboration;

VerDate Sep 11 2014 03:56 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.025 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S449 (ii) the extent to which certain architec- quired by paragraph (1), which shall include ment over our classrooms. I want to tures and approaches may enable new mar- and incorporate the response of the National thank Senators CRUZ, PERDUE, JOHN- kets and opportunities for United States pri- Academy of Sciences to the most recent in- SON, LEE, and RUBIO for helping re- vate industry, provide compelling opportuni- terim report pursuant to paragraph (3). ties for scientific discovery and techno- introduce the A-PLUS Act this Con- logical excellence, sustain United States By Mr. DAINES (for himself, Mr. gress. I ask my other Senate colleagues competitiveness and leadership, and address PERDUE, Mr. CRUZ, Mr. LEE, Mr. to join us in empowering our schools to critical national security considerations and JOHNSON, and Mr. RUBIO): serve their students, not DC bureau- requirements; and S. 221. A bill to allow a State to sub- crats, and support this important piece (iii) the flexibility of such architectures mit a declaration of intent to the Sec- of legislation. and approaches to adjust to evolving tech- nologies, partners, priorities, and budget retary of Education to combine certain funds to improve the academic achieve- By Ms. COLLINS (for herself, projections and constraints; Mrs. MCCASKILL, Mr. ISAKSON, (G) measures for setting standards for en- ment of students; to the Committee on suring crew health and safety, including lim- Health, Education, Labor, and Pen- Mr. CASEY, Mr. TILLIS, Ms. KLO- its regarding radiation exposure and coun- sions. BUCHAR, Mr. WICKER, Mrs. SHA- termeasures necessary to meet those limits, Mr. DAINES. Mr. President, as a HEEN, Mrs. CAPITO, Mr. TESTER, means and methods for addressing urgent fifth-generation Montanan and product Mr. BARRASSO, Mr. DONNELLY, medical conditions or injuries, and other of Montana public schools from kinder- Mr. HELLER, Mr. KING, and Mr. such safety, health, and medical issues that garten through college, husband to an KAINE): can be anticipated in the conduct of the mis- elementary school teacher, and father S. 223. A bill to provide immunity sions identified under paragraph (1); from suit for certain individuals who (H) a description of crew training needs of four children, I understand how im- and capabilities (including space suits and portant a first rate education is to our disclose potential examples of financial life support systems) necessary to support kids’ future. That is why I am reintro- exploitation of senior citizens, and for the conduct of missions identified under ducing the Academic Partnerships other purposes; to the Committee on paragraph (1); Lead Us to Success, or A-PLUS, Act Banking, Housing, and Urban Affairs. (I) a detailed plan for prioritizing and phas- this Congress. This measure will help Ms. COLLINS. Mr. President, as ing near-term intermediate destinations and expand local control of our schools and Chairman of the Senate Aging Com- missions identified under paragraph (1); return Federal education dollars where mittee, I am delighted to introduce, (J) an assessment of the recommendations with my good friend and former rank- of the report prepared in compliance with they belong: closer to the classrooms. section 204 of the National Aeronautics and By shifting control back to the States, ing member, Senator CLAIRE MCCAS- Space Administration Authorization Act of individual and effective solutions can KILL, the Senior$afe Act of 2017, a bill 2010 (Public Law 111–267; 124 Stat. 2813), in- be created to address the multitude of that would help protect American sen- cluding a detailed explanation of how the unique challenges facing schools across iors from financial fraud. I’m pleased Administrator has ensured such rec- the country. Through these ‘‘labora- that Senators ISAKSON, CASEY, TILLIS, ommendations have been, to the extent prac- tories of democracy,’’ Americans can KLOBUCHAR, WICKER, SHAHEEN, CAPITO, ticable, incorporated into the strategy under TESTER, BARRASSO, DONNELLY, HELLER, paragraph (1); and watch and learn how students can ben- (K) technical information as needed to efit when innovative reforms are im- and KING have joined us in sponsoring identify interest from potential stakeholder plemented on the local level. This bill this bill. or partner communities. would give states greater flexibility in According to the GAO, financial (3) INDEPENDENT REVIEW.— allocating federal education funding fraud targeting older Americans is a (A) IN GENERAL.—The Administrator shall and ensuring academic achievement in growing epidemic that costs seniors an enter into an arrangement with the National their schools. With A-PLUS, States estimated $2.9 billion annually. Stop- Academy of Sciences to review and comment ping this tsunami of fraud is one of the on each interim report pursuant to para- would be freed from Washington- graph (1). Under the arrangement, the Na- knows-best performance metrics and top priorities of the Aging Committee. tional Academy of Sciences shall review failed testing requirements. Should Last Congress, we held several hearings each interim report on the strategy de- this legislation be adopted, states examining an endless variety of finan- scribed in paragraph (1) and identify the fol- would need to adhere to all civil rights cial abuses targeting our nation’s sen- lowing: laws and work towards advancing edu- iors. These range from the notorious (i) Matters in such interim report agreed cational opportunities for disadvan- IRS phone scam that burst onto the upon by the National Academy of Sciences. taged children as well. States would be scene in 2015, to the incredible ‘‘drug (ii) Matters in such interim report raising concerns for the National Academy of held accountable by parents and teach- mule’’ scam, where trusting seniors Sciences. ers because a bright light would shine have been tricked by international nar- (iii) Such further recommendations with directly on the decisions made by State cotics traffickers into unwittingly respect to matters covered by such interim capitals and local school districts. serving as drug couriers, and then find report as the National Academy of Sciences With freedom from Federal mandates themselves arrested and locked-up in considers appropriate. comes more responsibility, trans- foreign jails. The common denominator (B) TIMING OF REVIEW AND COMMENT.—The parency, and accountability on States. in these schemes involves innocent sen- Administrator shall ensure that the review It would also reduce the administrative iors falling prey and being tricked out and comment on an interim report provided and compliance burdens on state and for pursuant to subparagraph (A) is con- of their hard-earned savings. ducted in a timely manner to comply with local education agencies, and ensure Sadly, not all scammers are strang- the requirements of this subsection and, to greater public transparency in student ers to their victims, in too many cases, the maximum extent practicable, to facili- academic achievement and the use of seniors are exploited by someone they tate the incorporation of the comments of federal education funds. Increasing know well. Sometimes, that abuse is the National Academy of Sciences pursuant educational opportunity in Montana perpetrated by ‘‘friends’’ or family to subparagraph (A) into the applicable final and across the country isn’t going hap- members who are handling the victim’s report required by this subsection. pen through federal mandates or one- affairs informally. Other times, the (4) DEADLINES.— size-fits-none regulations. We need to abuse is committed under color of a fi- (A) INTERIM REPORTS.—Not later than 90 days after the date of the enactment of this empower our States, our local school duciary relationship, such as a Power Act, and not less than every five years there- boards, our teachers, and parents to of Attorney or guardianship. after, the Administrator shall submit to the work together to develop solutions No matter the scheme, one factor is National Academy of Sciences an interim re- that best fit our kids’ unique needs. common to all—the fraudsters need to port on the strategy required by paragraph That is precisely what my A-PLUS Act gain the trust and active cooperation (1) in order to facilitate the independent re- does. Washington is the problem—and of their victims. Without this, their view and comment on the strategy as pro- we have the solutions in Montana and schemes would fail. That is why it is so vided for by paragraph (3). in states across the country. The A- important that seniors recognize as (B) FINAL REPORTS.—Not later than one year after the date of the enactment of this PLUS Act goes a long ways towards re- quickly as possible the red flags that Act, and not less than every five years there- turning the responsibility for our kids’ signal potential fraud. after, the Administrator shall submit to education closer to home and reduces Unfortunately, many seniors do not Congress a final report on the strategy re- the influence of the Federal Govern- see these red flags. Sometimes they are

VerDate Sep 11 2014 03:56 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.027 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S450 CONGRESSIONAL RECORD — SENATE January 24, 2017 too trusting or are suffering from di- sonable reports of potential fraud to Mr. President, I ask unanimous con- minished capacity, but, just as often, the proper authorities. sent that letters of support be printed they miss the signs because the swin- There is no doubt that financial in the RECORD. dlers who prey on them are extremely fraud and scams targeting seniors is a There being no objection, the mate- crafty and know how to sound con- growing problem that we must act on. vincing. Whatever the reason, a warn- Last November, the Aging Committee rial was ordered to be printed in the ing sign that can slip by a victim heard testimony from Jaye Martin, the RECORD, as follows: might trigger a second look by Executive Director of Maine Legal LEGAL SERVICES fmancial service representatives Services for the Elderly, who told the FOR THE ELDERLY, Committee that her organization has Augusta, ME, December 5, 2016. trained to spot common scams, who Re Senior$afe (S. 2216). know enough about a senior’s habits to seen a 24 percent increase in reports of Hon. , question a transaction that doesn’t elder abuse in just one year. Many of these cases involve financial fraud. Chair, Senate Special Committee on Aging, look right. In our work on the Aging Washington, DC. Committee, we have heard of many in- In a letter describing her support for stances where quick action by bank the Senior$afe Act, Ms. Martin says DEAR SENATOR COLLINS: I want to thank you for inviting me to speak with the Senate and credit union employees has stopped that: Special Committee on Aging about the seri- a fraud in progress, saving seniors un- In a landscape that includes family mem- bers who often wish to keep exploitation ous problem of financial exploitation of sen- told thousands of dollars. iors by guardians and others in a position of Let me give you an example. Last from coming to light because they are perpe- trating the exploitation, the risk of facing power. I also want to thank you for your year, an attorney in the small coastal potential nuisance or false complaints over leadership in working to ensure there is city of Belfast, ME, was sentenced to 30 privacy violations is all too real. This is a training of financial institution employees months in prison for bilking two elder- barrier that must be removed so that finan- in reporting elder abuse and an improvement ly female clients out of nearly a half a cial institutions will act immediately to re- in the timely reporting of financial exploi- million dollars over the course of sev- port to the proper authorities upon forming tation when it is suspected through passage a reasonable belief that exploitation is oc- eral years. of the Senior$afe Act. I strongly support this curring. These professionals are on the front The lawyer’s brazen theft was uncov- legislation that is based upon work done ered when a teller at a local bank no- lines in the fight against elder financial ex- ploitation and are often the only ones in a here in Maine. ticed that he was writing large checks position to stop exploitation before it is too I served for over two years on the working to himself on his clients’ accounts. late. group that developed Maine’s SeniorSafe When confronted by authorities, he of- Our bill is based on Maine’s innova- training program for financial institution fered excuses that the prosecutor later tive Senior$afe program, a collabo- managers and employees. It is a voluntary described as ‘‘breathtaking.’’ For ex- rative effort by Maine’s regulators, fi- training program. Through that work I came ample, according to press reports, he nancial institutions, and legal organi- to fully appreciate the very real concerns of put one of his clients into a nursing zations to educate bank and credit the financial industry regarding the con- home to recover from a temporary union employees on how to identify sequences of violating, or being perceived as medical condition, and then kept her and help stop financial exploitation of violating, the broad range of state and fed- there for four years until the theft of older Mainers. This program, pioneered eral privacy laws that apply to their indus- her funds came to light. Meanwhile, he by Maine Securities Administrator Ju- try. I also came to appreciate that absent submitted bills for ‘‘services,’’ some- dith Shaw, also serves as the template broad immunity for reporting of suspected fi- times totaling $20,000 a month, includ- for model legislation developed for nancial exploitation, privacy regulations ing charging her $250 per hour for 6 to adoption at the state level by the would continue to be a barrier to good faith 7 hours to check on her house, even North American Securities Adminis- reporting of suspected financial exploitation. though his office was just a one-minute trators Association, or NASAA. The In a landscape that includes family members drive down the road. Senior$afe Act and NASAA’s model who often wish to keep exploitation from coming to light because they are perpe- In another example, in 2015, a senior state legislation are complementary ef- trating the exploitation, the risk of facing citizen in Vassalboro, Maine, was look- forts, and I am pleased that NASAA ing to wire funds from his account at potential nuisance or false complaints over has endorsed our bill. privacy violations is all too real. Maine Savings Federal Credit Union to I am pleased that our bill has re- an out-of-state location, supposedly to ceived bipartisan support in both This is a barrier that must be removed so bail out a relative who was in jail. houses of Congress. Last year, the that financial institution employees will act Something about this transaction did House Financial Services Committee immediately to make a report to the proper not sound right to the credit union em- approved a version of the Senior$afe authorities upon forming a reasonable belief ployee. She asked the customer, and he Act by a vote of 59 to zero, and it that exploitation is occurring. These profes- said he had received a call from an ‘‘of- passed the full House by voice vote in sionals are on the front lines in the fight ficial’’ at the jail—but that ‘‘official’’ July. In the Senate, the Senior$afe Act against elder financial exploitation and are often the only ones in a position to stop ex- had instructed him not to speak to was cosponsored by a quarter of the ploitation before it is too late. anyone about this. The ‘‘official,’’ of Members of this body, balanced nearly course, turned out to be a con artist. evenly on both sides of the aisle, and I want to add that tying the grant of im- Fortunately, the credit union worker was discharged out of the Banking munity to required training for not just su- recognized this as a scam, and her Committee. Unfortunately, just one pervisors, compliance officers, and legal ad- quick thinking saved her customer member of this body blocked it and visors, but to all who come in contact with from falling victim and losing his sav- prevented it from becoming law. seniors as a part of their regular duties, will ings. Besides receiving broad support in have the direct result of bringing more cases These stories demonstrate the crit- Congress, our bill has the support of a of exploitation to the timely attention of the proper authorities because it will signifi- ical nexus that financial institutions wide range of stakeholders, ranging occupy between fraudsters and their cantly increase the knowledge and awareness from the State securities administra- in the industry of the red flags for elder victims. Their employees, if properly tors and insurance commissioners to abuse. In Maine, where our training program trained, can be the first line of defense advocates for seniors. is entirely voluntary and carries no legal protecting our seniors from these Combating financial abuse of seniors status or benefit, we have already seen what criminals. Regrettably, various state requires regulators, law enforcement a difference training can make. and federal laws can inadvertently im- and social service agencies at all levels pede efforts to protect seniors, because of government to work collaboratively Senior$afe is a much needed step in the fight against financial exploitation of sen- financial institutions that report sus- with the private sector. The Senior$afe iors and there is no doubt it will make our pected fraud can be exposed to litiga- Act encourages financial institutions nation’s seniors safer. I thank you again for tion. The Senior$afe Act encourages fi- to train their employees, and shields your leadership in this important area. nancial institutions to train their em- them from lawsuits when they make Sincerely, ployees, and shields them from law- good faith, reasonable reports of poten- JAYE L. MARTIN, suits when they make good faith, rea- tial fraud to the proper authorities. Executive Director.

VerDate Sep 11 2014 03:56 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.031 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S451 NORTH AMERICAN SECURITIES net access service can devote resources SECTION 1. SHORT TITLE. ADMINISTRATION ASSOCIATION, INC., to broadband deployment rather than This Act may be cited as the ‘‘Small Busi- Washington, DC, January 24, 2017. compliance with cumbersome regu- ness Broadband Deployment Act of 2017’’. Re The Senior$afe Act of 2017. latory requirements, and for other pur- SEC. 2. SMALL BUSINESS EXEMPTION. Hon. SUSAN COLLINS, (a) DEFINITIONS.—In this section— poses; to the Committee on Commerce, (1) the term ‘‘appropriate congressional Chair, U.S. Senate Special Committee on Aging, Science, and Transportation. Washington, DC. committees’’ means— DEAR SENATOR COLLINS: On behalf of the Mr. DAINES. Mr. President, small (A) the Committee on Commerce, Science, North American Securities Administrators businesses are the backbone of Amer- and Transportation of the Senate; and Association (‘‘NASAA’’), I am writing to ex- ica. They generate more than half of (B) the Committee on Energy and Com- press strong support for your work to better the country’s private GDP and support merce of the House of Representatives; protect vulnerable adults from financial ex- millions of families. In Montana, small (2) the term ‘‘broadband Internet access ploitation through the introduction of the businesses are innovating, offering new service’’ has the meaning given the term in Senior$afe Act of 2017. Your legislation will section 8.2 of title 47, Code of Federal Regu- products and services, and creating lations; better protect persons aged 65 and older from jobs. financial exploitation by increasing the like- (3) the term ‘‘Commission’’ means the Fed- lihood it will be identified by financial serv- The business community relies on eral Communications Commission; and ices professionals, and by removing barriers the Internet to access the global mar- (4) the term ‘‘small business’’ means any to reporting it, so that together we as state ketplace. In rural states like Montana provider of broadband Internet access service securities regulators and other appropriate where it is costly to provide internet that has not more than 250,000 subscribers. governmental authorities can help stop it. access, consumers and businesses de- (b) EXCEPTION FOR SMALL BUSINESSES.— Senior financial exploitation is a growing pend on small businesses to provide The enhancements to the transparency rule problem across the country. Many in our el- of the Commission under section 8.3 of title connectivity. Without small broadband 47, Code of Federal Regulations, as described derly population are vulnerable due to social providers, many Montanans would not isolation and distance from family, care- in paragraphs 162 through 184 of the Report giver, and other support networks. Indeed, have the internet access that most of and Order on Remand, Declaratory Ruling, evidence suggests that as many as one out of us take for granted. and Order of the Commission with regard to every five citizens over the age of 65 has been Burdensome regulations like the protecting and promoting the open Internet victimized by a financial fraud. To be suc- FCC’s net neutrality rules are stran- (adopted by the Commission on February 26, cessful in combating senior financial exploi- gling our small businesses and pre- 2015) (FCC 15–24), shall not apply to any tation, state and federal policymakers must venting growth and investment. The small business. come together to weave a new safety net for (c) SUNSET.—Subsection (b) shall not have enhanced transparency requirements in any force or effect after the date that is 5 our elderly, breaking down barriers for those particular require small businesses to who are best positioned to identify red flags years after the date of enactment of this early on and to encourage reporting and re- disclose an excess amount of informa- Act. ferrals to appropriate local, county, state, tion including network packet loss, (d) REPORT BY FCC.—Not later than 180 and federal agencies, including law enforce- network performance by geographic days after the date of enactment of this Act, ment. area, network performance during peak the Commission shall submit to the appro- The Senior$afe Act consists of several es- usage, network practices concerning a priate congressional committees a report that contains the recommendations of the sential features. First, to promote and en- particular group of users, triggers that courage reporting of suspected elderly finan- Commission, and data supporting those rec- activate network practices, and the list ommendations, regarding whether— cial exploitation by financial services profes- goes on. Small companies operate with sionals, who are positioned to identify and (1) the exception provided under subsection report ‘‘red flags’’ of potential exploitation, a small team of employees and do not (b) should be made permanent; and the bill would incentivize financial services have a team of attorneys dedicated to (2) the definition of the term ‘‘small busi- employees to report any suspected exploi- regulatory compliance. Small busi- ness’’ for the purposes of the exception pro- tation by making them immune from any nesses simply do not have the band- vided under subsection (b) should be modi- civil or administrative liability arising from width to take on additional regulatory fied from the definition in subsection (a)(4). such a report, provided that they exercised burdens. f due care, and that they make these reports That is why I am proud to introduce SUBMITTED RESOLUTIONS in good faith. Second, in order to better as- the Small Business Broadband Deploy- sure that financial services employees have ment Act of 2017 with my colleague the knowledge and training they require to SENATE RESOLUTION 20—AUTHOR- identify ‘‘red flags’’ associated with financial Senator MANCHIN. The bill provides a exploitation, the bill would require that, as a temporary small business exception to IZING EXPENDITURES BY THE condition of receiving immunity, financial the net neutrality enhanced trans- COMMITTEE ON COMMERCE, institutions undertake to train certain per- parency requirements. There is broad SCIENCE, AND TRANSPORTATION sonnel regarding the identification and re- support in the record for this excep- Mr. THUNE submitted the following porting of senior financial exploitation. tion, including support from the Amer- resolution; from the Committee on The Senior$afe Act’s objectives and bene- ican Cable Association, Rural Wireless fits are far-reaching. Older Americans stand Commerce, Science, and Transpor- to benefit directly from such reporting, be- Association, Competitive Carriers As- tation; which was referred to the Com- cause early detection and reporting will min- sociation, Wireless Internet Service mittee on Rules and Administration: imize their financial losses from exploi- Providers Association, CTIA—The S. RES. 20 tation, and because improved protection of Wireless Association, Rural Broadband Resolved, That, in carrying out its powers, their finances ultimately helps preserve Provider Coalition, WTA—Advocates duties, and functions under the Standing their financial independence and their per- for Rural Broadband. Rules of the Senate, in accordance with its sonal autonomy. Financial institutions Providing relief from burdensome jurisdiction under Rule XXV of such rules, stand to benefit, as well, through preserva- disclosure rules will allow small busi- including holding hearings, reporting such tion of their reputation, increased commu- hearings, and making investigations as au- nity recognition, increased employee satis- nesses to focus on deploying infrastruc- ture and serving their customers rath- thorized by paragraphs 1 and 8 of rule XXVI faction, and decreased uninsured losses. of the Standing Rules of the Senate, the In conclusion, state securities regulators er than spending time on regulatory Committee on Commerce, Science, and strongly support passage of the Senior$afe compliance. I ask my colleagues to join Transportation is authorized from March 1, Act of 2017. Please do not hesitate to contact me in cosponsoring this much needed 2017, through September 30, 2017, October 1, me, or Michael Canning, NASAA Director of legislation. 2017, through September 30, 2018, and October Policy, if we may be of any additional assist- Mr. President, I ask unanimous con- 1, 2018, through February 28, 2019, in its dis- ance. sent that the text of the bill be printed cretion— Sincerely, in the RECORD. (1) to make expenditures from the contin- MIKE ROTHMAN, gent fund of the Senate; NASAA President and Minnesota, There being no objection, the text of the bill was ordered to be printed in (2) to employ personnel; and Commissioner of Commerce. (3) with the prior consent of the govern- the RECORD, as follows: ment department or agency concerned and By Mr. DAINES (for himself and S. 228 the Committee on Rules and Administration, Mr. MANCHIN): Be it enacted by the Senate and House of Rep- to use on a reimbursable or non-reimburs- S. 228. A bill to ensure that small resentatives of the United States of America in able basis the services of personnel of any business providers of broadband Inter- Congress assembled, such department or agency.

VerDate Sep 11 2014 05:22 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.032 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S452 CONGRESSIONAL RECORD — SENATE January 24, 2017 SEC. 2. (a) The expenses of the committee SENATE RESOLUTION 21—AUTHOR- SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. for the period from March 1, 2017, through IZING EXPENDITURES BY THE (a) EXPENSES OF THE COMMITTEE.— September 30, 2017, under this resolution COMMITTEE ON THE JUDICIARY (1) IN GENERAL.—Except as provided in shall not exceed $3,879,581, of which paragraph (2), expenses of the committee Mr. GRASSLEY submitted the fol- under this resolution shall be paid from the amount— lowing resolution; from the Committee contingent fund of the Senate upon vouchers (1) not to exceed $50,000 may be expended approved by the chairman of the committee. for the procurement of the services of indi- on the Judiciary; which was referred to (2) VOUCHERS NOT REQUIRED.—Vouchers vidual consultants, or organizations thereof the Committee on Rules and Adminis- tration: shall not be required for— (as authorized by section 202(i) of the Legis- (A) the disbursement of salaries of employ- lative Reorganization Act of 1946, as amend- S. RES. 21 ees paid at an annual rate; ed); and Resolved, (B) the payment of telecommunications (2) not to exceed $50,000 may be expended SECTION 1. GENERAL AUTHORITY. provided by the Office of the Sergeant at for the training of the professional staff of In carrying out its powers, duties, and Arms and Doorkeeper; such committee (under procedures specified functions under the Standing Rules of the (C) the payment of stationery supplies pur- by section 202(j) of the Legislative Reorga- Senate, in accordance with its jurisdiction chased through the Keeper of the Stationery; nization Act of 1946). under rule XXV of the Standing Rules of the (D) payments to the Postmaster of the (b) For the period October 1, 2017, through Senate, including holding hearings, report- Senate; September 30, 2018, expenses of the com- ing such hearings, and making investiga- (E) the payment of metered charges on mittee under this resolution shall not exceed tions as authorized by paragraphs 1 and 8 of copying equipment provided by the Office of the Sergeant at Arms and Doorkeeper; $6,650,710, of which amount— rule XXVI of the Standing Rules of the Sen- ate, the Committee on the Judiciary (in this (F) the payment of Senate Recording and (1) not to exceed $50,000 may be expended resolution referred to as the ‘‘committee’’) is Photographic Services; or for the procurement of the services of indi- authorized from March 1, 2017 through Feb- (G) the payment of franked and mass mail vidual consultations, or organizations there- ruary 28, 2019, in its discretion, to— costs by the Sergeant at Arms and Door- of (as authorized by section 202(i) of the Leg- (1) make expenditures from the contingent keeper. islative Reorganization Act of 1946, as fund of the Senate; (b) AGENCY CONTRIBUTIONS.—There are au- amended); and (2) employ personnel; and thorized to be paid from the appropriations (2) not to exceed $50,000 may be expended (3) with the prior consent of the Govern- account for ‘‘Expenses of Inquiries and Inves- for the training of the professional staff of ment department or agency concerned and tigations’’ of the Senate such sums as may such committee (under procedures specified the Committee on Rules and Administration, be necessary for agency contributions re- by section 202(j) of the Legislative Reorga- use on a reimbursable or nonreimbursable lated to the compensation of employees of nization Act of 1946). basis the services of personnel of any such the committee— (c) For the period October 1, 2018, through department or agency. (1) for the period March 1, 2017 through February 28, 2019, expenses of the committee SEC. 2. EXPENSES. September 30, 2017; under this resolution shall not exceed (a) EXPENSES FOR PERIOD ENDING SEP- (2) for the period October 1, 2017 through September 30, 2018; and $2,771,129, of which amount— TEMBER 30, 2017.—The expenses of the com- (3) for the period October 1, 2018 through (1) not to exceed $50,000 may be expended mittee for the period March 1, 2017 through February 28, 2019. for the procurement of the services of indi- September 30, 2017 under this resolution vidual consultants, or organizations thereof shall not exceed $5,461,388, of which f (as authorized by section 202(i) of the Legis- amount— (1) not to exceed $116,667 may be expended SENATE RESOLUTION 22—AUTHOR- lative Reorganization Act of 1946, as amend- IZING EXPENDITURES BY THE ed); and for the procurement of the services of indi- (2) not to exceed $50,000 may be expended vidual consultants, or organizations thereof COMMITTEE ON BANKING, HOUS- for the training of the professional staff of (as authorized by section 202(i) of the Legis- ING, AND URBAN AFFAIRS such committee (under procedures specified lative Reorganization Act of 1946 (2 U.S.C. Mr. CRAPO submitted the following by section 202(j) of the Legislative Reorga- 4301(i))); and resolution; which was referred from the nization Act of 1946). (2) not to exceed $11,667 may be expended for the training of the professional staff of Committee on Banking, Housing, and SEC. 3. The committee shall report its find- the committee (under procedures specified Urban Affairs; to the Committee on ings, together with such recommendations by section 202(j) of that Act). Rules and Administration: for legislation as it deems advisable, to the (b) EXPENSES FOR FISCAL YEAR 2018 PE- S. RES. 22 Senate at the earliest practicable date, but RIOD.—The expenses of the committee for the Resolved, That, in carrying out its powers, not later than February 28, 2019. period October 1, 2017 through September 30, duties, and functions under the Standing 2018 under this resolution shall not exceed SEC. 4. Expenses of the committee under Rules of the Senate, in accordance with its $9,362,379, of which amount— this resolution shall be paid from the contin- jurisdiction under rule XXV of such rules, in- (1) not to exceed $200,000 may be expended cluding holding hearings, reporting such gent fund of the Senate upon vouchers ap- for the procurement of the services of indi- hearings, and making investigations as au- proved by the chairman of the committee, vidual consultants, or organizations thereof thorized by paragraphs 1 and 8 of rule XXVI except that vouchers shall not be required— (as authorized by section 202(i) of the Legis- of the Standing Rules of the Senate, the (1) for the disbursement of salaries of em- lative Reorganization Act of 1946 (2 U.S.C. Committee on Banking, Housing, and Urban ployees paid at an annual rate; 4301(i))); and Affairs is authorized from March 1, 2017 (2) for the payment of telecommunications (2) not to exceed $20,000 may be expended through September 30, 2017; October 1, 2017, provided by the Office of the Sergeant at for the training of the professional staff of through September 30, 2018, and October 1, Arms and Doorkeeper, ; the committee (under procedures specified 2018, through February 28, 2019, in its discre- (3) for the payment of stationary supplies by section 202(j) of that Act). tion (1) to make expenditures from the con- purchased through the Keeper of the Sta- (c) EXPENSES FOR PERIOD ENDING FEBRUARY tingent fund of the Senate, (2) to employ per- tionary, United States Senate; 28, 2019.—The expenses of the committee for sonnel, and (3) with the prior consent of the (4) for payments to the Postmaster, United the period October 1, 2018 through February Government department or agency con- States Senate; 28, 2019 under this resolution shall not exceed cerned and the Committee on Rules and Ad- (5) for the payment of metered charges on $3,900,991, of which amount— ministration, to use on a reimbursable or copying equipment provided by the Office of (1) not to exceed $83,333 may be expended non-reimbursable basis the services of per- the Sergeant at Arms and Doorkeeper, for the procurement of the services of indi- sonnel of any such department or agency. United States Senate; vidual consultants, or organizations thereof SEC. 2(a). The expenses of the committee (6) for the payment of Senate Recording (as authorized by section 202(i) of the Legis- for the period March 1, 2017, through Sep- and Photographic Services; or lative Reorganization Act of 1946 (2 U.S.C. tember 30, 2017, under this resolution shall (7) for the payment of franked and mass 4301(i))); and not exceed $3,119,153 of which amount (1) not mail costs by the Office of the Sergeant at (2) not to exceed $8,333 may be expended for to exceed $8,370 may be expended for the pro- Arms and Doorkeeper, United States Senate. the training of the professional staff of the curement of the services of individual con- committee (under procedures specified by sultants, or organizations thereof (as author- SEC. 5. There are authorized such sums as section 202(j) of that Act). ized by section 202(i) of the Legislative Reor- may be necessary for agency contributions SEC. 3. REPORTING LEGISLATION. ganization Act of 1946, as amended), and (2) related to the compensation of employees of The committee shall report its findings, not to exceed $503 may be expended for the the committee from March 1, 2017, through together with such recommendations for leg- training of the professional staff of such September 30, 2017, October 1, 2017, through islation as it deems advisable, to the Senate committee (under procedures specified by September 30, 2018, and October 1, 2018, at the earliest practicable date, but not later section 202(j) of the Legislative Reorganiza- through February 28, 2019. than February 28, 2019. tion Act of 1946).

VerDate Sep 11 2014 03:56 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.037 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S453 (b) For the period October 1, 2017, through (B) destroying the integrity of data or against, or responding to cybersecurity September 30, 2018, expenses of the com- stealing controlled information; and threats to the United States, and relevant mittee under this resolution shall not exceed (3) the term ‘‘cyberspace’’ means the global incidents or actions. $5,347,119 of which amount (1) not to exceed domain within the information environment (3) The organization or reorganization of $14,348 may be expended for the procurement consisting of the interdependent network of any department or agency to the extent that of the services of individual consultants, or information systems infrastructures (includ- the organization or reorganization relates to organizations thereof (as authorized by sec- ing the Internet, telecommunications net- a function or activity involving preventing, tion 202(i) of the Legislative Reorganization works, computer systems, and embedded protecting against, or responding to cyberse- Act of 1946, as amended), and (2) not to ex- processors and controllers). curity threats to the United States, and rel- ceed $861 may be expended for the training of (b) ESTABLISHMENT.—There is established a evant incidents or actions. the professional staff of such committee select committee of the Senate to be known (4) Authorizations for appropriations, both (under procedures specified by section 202(j) as the Select Committee on Cybersecurity direct and indirect, for preventing, pro- of the Legislative Reorganization Act of (in this resolution referred to as the ‘‘select tecting against, or responding to cybersecu- 1946). committee’’)— rity threats to the United States, and rel- (c) For the period of October 1, 2018, (1) to oversee and make continuing studies evant incidents or actions. through February 28, 2019, expenses of the of and recommendations regarding cyberse- (f) AUTHORITIES.— committee under this resolution shall not curity threats to the United States; and (1) IN GENERAL.—For the purposes of this exceed $2,227,966 of which amount (1) not to (2) which may report by bill or otherwise resolution, the select committee is author- exceed $5,978 may be expended for the pro- on matters within its jurisdiction. ized in its discretion— curement of the services of individual con- (c) MEMBERSHIP.— (A) to make investigations into any matter sultants, or organizations thereof (as author- (1) IN GENERAL.—The select committee within its jurisdiction; ized by section 202(i) of the Legislative Reor- shall be composed of 21 members as follows: (B) to make expenditures from the contin- ganization Act of 1946, as amended), and (2) (A) The Chairman and Ranking Member of gent fund of the Senate; not to exceed $358 may be expended for the the Committee on Appropriations. (C) to employ personnel; training of the professional staff of such (B) The Chairman and Ranking Member of (D) to hold hearings; committee (under procedures specified by the Committee on Armed Services. (E) to sit and act at any time or place dur- section 202(j) of the Legislative Reorganiza- (C) The Chairman and Ranking Member of ing the sessions, recesses, and adjourned pe- tion Act of 1946). the Committee on Banking, Housing, and riods of the Senate; SEC. 3. The committee shall report its find- Urban Affairs. (F) to require, by subpoena or otherwise, ings, together with such recommendations (D) The Chairman and Ranking Member of the attendance of witnesses and the produc- for legislation as it deems advisable, to the the Committee on Commerce, Science, and tion of correspondence, books, papers, and Senate at the earliest practicable date, but Transportation. documents; not later than February 28, 2017. (E) The Chairman and Ranking Member of (G) to take depositions and other testi- SEC. 4. Expenses of the committee under the Committee on Foreign Relations. mony and authorize employees of the select this resolution shall be paid from the contin- (F) The Chairman and Ranking Member of committee to take depositions and other tes- gent fund of the Senate upon vouchers ap- the Committee on Homeland Security and timony; proved by the Chairman of the committee, Governmental Affairs. (H) to procure the services of individual except that vouchers shall not be required (1) (G) The Chairman and Vice Chairman of consultants, or organizations thereof, in ac- for the disbursement of salaries of employees the Select Committee on Intelligence. cordance with section 202(i) of the Legisla- paid at an annual rate, or (2) for the pay- (H) The Chairman and Ranking Member of tive Reorganization Act of 1946 (2 U.S.C. ment of telecommunications provided by the the Committee on the Judiciary. 4301(i)); Office of the Sergeant at Arms and Door- (I) Five members who shall be appointed (I) with the prior consent of the govern- keeper, United States Senate, or (3) for the from the Senate at large. ment department or agency concerned and payment of stationery supplies purchased (2) MEMBERS FROM OTHER COMMITTEES.—If the Committee on Rules and Administration, through the Keeper of the Stationery, United the Chairman or Ranking Member of a com- to use on a reimbursable basis the services of States Senate, or (4) for payments to the mittee named in subparagraphs (A) through personnel of any such department or agency; Postmaster, United States Senate, or (5) for (H) of paragraph (1) chooses not to serve on (J) to make recommendations and report the payment of metered charges on copying the select committee, the Chairman or legislation on matters within its jurisdic- equipment provided by the Office of the Ser- Ranking Member of such committee, respec- tion; and geant at Arms and Doorkeeper, United tively, shall appoint 1 member of such com- (K) permit any personal representative of States Senate, or (6) for the payment of Sen- mittee to the select committee. the President, designated by the President to ate Recording and Photographic Services, or (3) APPOINTMENT OF OTHER MEMBERS.—The serve as a liaison to the select committee, to (7) for payment of franked and mass mail Majority Leader shall appoint 3 of the mem- attend any closed meeting of the select com- costs by the Sergeant at Arms and Door- bers under paragraph (1)(I) and the Minority mittee. keeper, United States Senate. Leader shall appoint 2 of the members under (2) OATHS.—The chairperson of the select SEC. 5. There are authorized such sums as paragraph (1)(I). committee or any member thereof may ad- may be necessary for agency contributions (4) EX OFFICIO MEMBERS.—The Majority minister oaths to witnesses. related to the compensation of employees of Leader and Minority Leader shall serve as ex (3) SUBPOENAS.— the committee from March 1, 2017, through officio, nonvoting members of the select (A) AUTHORIZATION OF SUBPOENAS.—The September 30, 2017; October 1, 2017, through committee. issuance of a subpoena may only be author- September 30, 2018; and October 1, 2018, (5) CHAIRPERSON AND VICE CHAIRPERSON.— ized by the select committee upon an affirm- through February 28, 2019, to be paid from At the beginning of each Congress, the Ma- ative vote of a majority of the members of the Appropriations account for ‘‘Expenses of jority Leader shall select a chairperson of the select committee, which vote may not be Inquiries and Investigations.’’ the select committee and the Minority Lead- held before the time that is 48 hours after f er shall select a vice chairperson for the se- notice of the request to authorize the issuance of the subpoena is provided to each SENATE RESOLUTION 23—ESTAB- lect committee. (d) SUBCOMMITTEES AUTHORIZED.—The se- member of the select committee, absent LISHING THE SELECT COM- lect committee may be organized into sub- unanimous consent. MITTEE ON CYBERSECURITY committees. Each subcommittee shall have a (B) ISSUANCE.—A subpoena authorized by Mr. GARDNER (for himself and Mr. chairperson and a vice chairperson who are the select committee— (i) may be issued under the signature of COONS) submitted the following resolu- selected by the chairperson and vice chair- the chairperson, the vice chairperson, or any tion; which was referred to the Com- person of the select committee, respectively. (e) JURISDICTION.—There shall be referred member of the select committee designated mittee on Rules and Administration: to the select committee all proposed legisla- by the chairperson; and S. RES. 23 tion, messages, petitions, memorials, and (ii) may be served by any person des- Resolved, other matters relating to the following: ignated by the chairperson, the vice chair- SECTION 1. SELECT COMMITTEE ON CYBERSECU- (1) Domestic and foreign cybersecurity person, or other member signing the sub- RITY. risks (including state-sponsored threats) to poena. (a) DEFINITIONS.—In this section— the United States, including to— (g) OBTAINING INFORMATION.— (1) the term ‘‘cybersecurity’’ means the (A) the computer systems of the United (1) IN GENERAL.—The select committee protection or defense of cyberspace from States; shall obtain from the President and the cyberattacks; (B) the infrastructure of the United States; heads of departments and agencies the infor- (2) the term ‘‘cybersecurity breach’’ means (C) citizens of the United States; mation relevant to cybersecurity risks and an attack via cyberspace, targeting an enter- (D) corporations and other businesses in threats required to ensure that the members prise’s use of cyberspace for the purpose of— the United States; and of the select committee have complete and (A) disrupting, disabling, destroying, or (E) the commerce of the United States. current information relating to cybersecu- maliciously controlling a computing envi- (2) The activities of any department or rity activities and threats, which may in- ronment or infrastructure; or agency relating to preventing, protecting clude obtaining written reports reviewing—

VerDate Sep 11 2014 03:56 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.047 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S454 CONGRESSIONAL RECORD — SENATE January 24, 2017 (A) the activities carried out by the de- mittee, the select committee shall hire or the Committee on Rules and Administration, partment or agency concerned to prevent, appoint 1 employee for each member of the use on a reimbursable or nonreimbursable protect against, or respond to cybersecurity select committee to serve as the designated basis the services of personnel of any such threats; representative of the member on the select department or agency. (B) the cybersecurity threats from within Committee. The select Committee shall only SEC. 2. EXPENSES. the United States and from foreign countries hire or appoint an employee chosen by a (a) EXPENSES FOR PERIOD ENDING SEP- that are directed at the United States or its member of the select committee for whom TEMBER 30, 2017.—The expenses of the com- interests; the employee will serve as the designated mittee for the period March 1, 2017 through (C) previously conducted or anticipated representative on the select committee. September 30, 2017 under this resolution covert actions relating to cybersecurity; and (2) SUPPLEMENT TO BUDGET.—The select shall not exceed $1,283,522, of which (D) any significant cybersecurity breaches committee shall be afforded a supplement to amount— that could— its budget, to be determined by the Com- (1) not to exceed $2,900 may be expended for (i) affect the diplomatic, political, eco- mittee on Rules and Administration, to the procurement of the services of individual nomic, or military relations of the United allow for the hire of each employee who fills consultants, or organizations thereof (as au- States with other countries or groups; or the position of designated representative to thorized by section 202(i) of the Legislative (ii) impose a major financial cost on the the select committee. The designated rep- Reorganization Act of 1946 (2 U.S.C. 4301(i))); Federal Government, citizens of the United resentative shall have office space and ap- and States, corporations or other businesses in propriate office equipment in the select com- (2) not to exceed $1,750 may be expended for the United States, or the commerce of the mittee spaces. Designated personal rep- the training of the professional staff of the United States. resentatives shall have the same access to committee (under procedures specified by (2) ACCESS OF MEMBERS TO INFORMATION.— committee staff, information, records, and section 202(j) of that Act). Each member of the select committee shall databases as select committee staff, as de- (b) EXPENSES FOR FISCAL YEAR 2018 PE- have equal and unimpeded access to informa- termined by the chairperson and vice chair- RIOD.—The expenses of the committee for the tion collected or otherwise obtained by the person. period October 1, 2017 through September 30, select committee. (3) REQUIREMENTS FOR DESIGNATED EMPLOY- 2018 under this resolution shall not exceed (3) CLASSIFIED INFORMATION.— EES.—Each designated employee shall meet $2,200,323, of which amount— (A) IN GENERAL.—No employee of the select all the requirements of relevant statutes, (1) not to exceed $5,000 may be expended for committee or any person engaged by con- Senate rules, and committee security clear- the procurement of the services of individual tract or otherwise to perform services for or ance requirements for employment by the se- consultants, or organizations thereof (as au- at the request of the select committee shall lect committee. thorized by section 202(i) of the Legislative be given access to any classified information (4) DIVISION OF FUNDS.—Of the amounts Reorganization Act of 1946 (2 U.S.C. 4301(i))); by the select committee unless the employee made available to the select committee for and or person has— personnel— (2) not to exceed $3,000 may be expended for (i) agreed in writing and under oath to be (A) not more than 60 percent shall be under the training of the professional staff of the bound by the rules of the Senate (including the control of the chairperson; and committee (under procedures specified by the jurisdiction of the Select Committee on (B) not less than 40 percent shall be under section 202(j) of that Act). Ethics) and of the select committee as to the the control of the vice chairperson. (c) EXPENSES FOR PERIOD ENDING FEBRUARY security of such information during and (i) COMMITTEE RULES.— 28, 2019.—The expenses of the committee for after the period of the employment or con- (1) IN GENERAL.—The select committee the period October 1, 2018 through February tractual agreement with the select com- shall adopt rules (not inconsistent with the 28, 2019 under this resolution shall not exceed mittee; and rules of the Senate and in accordance with $916,801, of which amount— (ii) received an appropriate security clear- rule XXVI of the Standing Rules of the Sen- (1) not to exceed $2,000 may be expended for ance, as determined by the select committee, ate) governing the procedure of the select the procurement of the services of individual in consultation with the Director of National committee, which shall include addressing consultants, or organizations thereof (as au- Intelligence. how often the select committee shall meet, thorized by section 202(i) of the Legislative (B) TYPE OF CLEARANCE.—The type of secu- meeting times and location, type of notifica- rity clearance to be required in the case of Reorganization Act of 1946 (2 U.S.C. 4301(i))); tions, notices of hearings, duration of the se- any employee or person described in subpara- and lect committee, and records of the select graph (A) shall, within the determination of (2) not to exceed $1,250 may be expended for committee after committee activities are the select committee, in consultation with the training of the professional staff of the complete. the Director of National Intelligence, be committee (under procedures specified by (2) UNANIMOUS VOTE REQUIRED.—The select commensurate with the sensitivity of the section 202(j) of that Act). committee may only adopt rules under para- classified information to which the employee SEC. 3. REPORTING LEGISLATION. graph (1) by a unanimous vote of the voting or person will be given access by the select The committee shall report its findings, members of the select committee. committee. together with such recommendations for leg- (4) PROVISION OF INFORMATION BY DEPART- f islation as it deems advisable, to the Senate MENTS AND AGENCIES.— at the earliest practicable date, but not later SENATE RESOLUTION 24—AUTHOR- than February 28, 2019. (A) IN GENERAL.—The head of each depart- IZING EXPENDITURES BY THE ment and agency shall keep the select com- SEC. 4. EXPENSES AND AGENCY CONTRIBUTIONS. mittee fully and currently informed with re- COMMITTEE ON VETERANS’ AF- (a) EXPENSES OF THE COMMITTEE.— spect to cybersecurity activities and threats, FAIRS (1) IN GENERAL.—Except as provided in including activities to prevent, protect Mr. ISAKSON submitted the fol- paragraph (2), expenses of the committee against, or respond to cybersecurity threats lowing resolution; from the Committee under this resolution shall be paid from the and any significant anticipated activities re- on Veterans’ Affairs; which was re- contingent fund of the Senate upon vouchers approved by the chairman of the committee. lating to cybersecurity which are the respon- ferred to the Committee on Rules and sibility of or engaged in by the department (2) VOUCHERS NOT REQUIRED.—Vouchers or agency. Administration: shall not be required for— (B) INFORMATION AND DOCUMENTS.—The S. RES. 24 (A) the disbursement of salaries of employ- head of any department or agency involved Resolved, ees paid at an annual rate; in any cybersecurity activities shall furnish SECTION 1. GENERAL AUTHORITY. (B) the payment of telecommunications any information or document in the posses- In carrying out its powers, duties, and provided by the Office of the Sergeant at sion, custody, or control of the department functions under the Standing Rules of the Arms and Doorkeeper; or agency, or person paid by the department Senate, in accordance with its jurisdiction (C) the payment of stationery supplies pur- or agency, whenever requested by the select under rule XXV of the Standing Rules of the chased through the Keeper of the Stationery; committee with respect to any matter with- Senate, including holding hearings, report- (D) payments to the Postmaster of the in the jurisdiction of the select committee. ing such hearings, and making investiga- Senate; (C) ANNUAL REPORTS TO SELECT COM- tions as authorized by paragraphs 1 and 8 of (E) the payment of metered charges on MITTEE.—The Director of National Intel- rule XXVI of the Standing Rules of the Sen- copying equipment provided by the Office of ligence, the Director of the Central Intel- ate, the Committee on Veterans’ Affairs (in the Sergeant at Arms and Doorkeeper; ligence Agency, the Secretary of Defense, this resolution referred to as the ‘‘com- (F) the payment of Senate Recording and the Secretary of State, the Director of the mittee’’) is authorized from March 1, 2017 Photographic Services; or Federal Bureau of Investigation, and the through February 28, 2019, in its discretion, (G) the payment of franked and mass mail Secretary of Commerce shall each submit to to— costs by the Sergeant at Arms and Door- the select committee an annual report on (1) make expenditures from the contingent keeper. cyber threats. fund of the Senate; (b) AGENCY CONTRIBUTIONS.—There are au- (h) PERSONNEL PROVISIONS.— (2) employ personnel; and thorized to be paid from the appropriations (1) IN GENERAL.—In addition to other com- (3) with the prior consent of the Govern- account for ‘‘Expenses of Inquiries and Inves- mittee staff selected by the select com- ment department or agency concerned and tigations’’ of the Senate such sums as may

VerDate Sep 11 2014 05:22 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.040 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S455 be necessary for agency contributions re- Mr. DAINES, Mr. BOOZMAN, Mr. JOHN- Whereas Gene Cernan was the second lated to the compensation of employees of SON, Mr. CORNYN, Mr. CRUZ, Mr. YOUNG, American to have walked in space having the committee— Mr. MCCONNELL, Mr. ENZI, Mr. GARD- spanned the circumference of the world twice (1) for the period March 1, 2017 through in a little more than 2 and a half hours in NER, Mr. LANKFORD, and Mr. TOOMEY) September 30, 2017; 1966 during the Gemini 9 mission; (2) for the period October 1, 2017 through submitted the following resolution; Whereas Gene Cernan served as the lunar September 30, 2018; and which was considered and agreed to: module pilot for Apollo 10 in 1969, which was (3) for the period October 1, 2018 through S. RES. 26 referred to as the ‘‘dress rehearsal’’ for Apol- February 28, 2019. Whereas providing a diversity of choices in lo 11’s historic landing on the Moon; Whereas Gene Cernan was commander of f K–12 education empowers parents to select education environments that meet the indi- Apollo 17 in 1972, during the last human mis- SENATE RESOLUTION 25—DESIG- vidual needs and strengths of their children; sion to the Moon; NATING JANUARY 27, 2017, AS A Whereas high-quality K–12 education envi- Whereas Gene Cernan maintains the dis- NATIONAL DAY OF REMEM- ronments of all varieties are available in the tinction of being the last man to have left BRANCE FOR PEOPLE OF THE United States, including traditional public his footprints on the surface of the Moon; schools, public charter schools, public mag- Whereas Gene Cernan was one of the three UNITED STATES WHO, DURING men to have flown to the Moon on two occa- THE COLD WAR, WORKED AND net schools, private schools, online acad- emies, and home schooling; sions; LIVED DOWNWIND FROM NU- Whereas Gene Cernan logged 566 hours and Whereas talented teachers and school lead- 15 minutes in space, of which more than 73 CLEAR TESTING SITES AND ers in each of the education environments hours were spent on the surface of the Moon; WERE ADVERSELY AFFECTED prepare children to achieve their dreams; Whereas Gene Cernan and the crew of BY THE RADIATION EXPOSURE Whereas more families than ever before in Apollo 17 set records that still stand today, GENERATED BY THE ABOVE the United States actively choose the best for longest manned lunar landing flight, education for their children; GROUND NUCLEAR WEAPONS longest lunar surface extra vehicular activi- Whereas more public awareness of the TESTING ties, largest lunar sample return, and longest issue of parental choice in education can in- time in lunar orbit; Mr. CRAPO (for himself, Mr. UDALL, form additional families of the benefits of Mr. RISCH, Mr. HEINRICH, and Mr. BEN- Whereas Gene Cernan retired from the proactively choosing challenging, moti- Navy after 20 years and ended his NASA ca- NET) submitted the following resolu- vating, and effective education environments reer in July 1976; and tion; which was referred to the Com- for their children; Whereas on January 16, 2016, Gene Cernan mittee on the Judiciary: Whereas the process by which parents passed away in Houston, Texas, leaving be- choose schools for their children is non- S. RES. 25 hind a vibrant history of space exploration political, nonpartisan, and deserves the ut- Whereas, on January 27, 1951, the first of and advocacy for NASA, a legacy of inspiring most respect; and young people to ‘‘dream the impossible’’, and years of nuclear weapons tests was con- Whereas hundreds of organizations, more ducted at a site known as the Nevada Prov- a documentary that encourages continual than 9,000 schools, and millions of individ- human space exploration: ing Ground, located approximately 65 miles uals in the United States celebrate the bene- northwest of Las Vegas, Nevada; Now, therefore, be it fits of educational choice during the 7th an- Resolved, That the Senate honors the life of Whereas the extensive testing at the Ne- nual National School Choice Week, held the Gene Cernan, a Naval aviator, fighter pilot, vada Proving Ground occurred just years week of January 22 through January 28, 2017: electrical engineer, and the last astronaut to after the first nuclear weapon test, which Now, therefore, be it walk on the Moon. was conducted on July 16, 1945, at what is Resolved, That the Senate— f known as the Trinity Atomic Test Site, lo- (1) designates the week of January 22 cated approximately 35 miles south of through January 28, 2017, as ‘‘National SENATE CONCURRENT RESOLU- Socorro, New Mexico; School Choice Week’’; TION 6—SUPPORTING THE LOCAL Whereas many people of the United States (2) congratulates students, parents, teach- RADIO FREEDOM ACT who, during the Cold War, worked and lived ers, and school leaders from K–12 education downwind from nuclear testing sites (re- environments of all varieties for their per- Mr. BARRASSO (for himself and Ms. ferred to in this preamble as the sistence, achievements, dedication, and con- HEITKAMP) submitted the following ‘‘downwinders’’) were adversely affected by tributions to society in the United States; concurrent resolution; which was re- the radiation exposure generated by the (3) encourages all parents, during National ferred to the Committee on Commerce, above ground nuclear weapons testing, and School Choice Week, to learn more about the Science, and Transportation: some of the downwinders sickened as a result education options available to them; and S. CON. RES. 6 of the radiation exposure; (4) encourages the people of the United Whereas the downwinders paid a high price Whereas the United States enjoys broad- States to hold appropriate programs, events, casting and sound recording industries that for the development of a nuclear weapons and activities during National School Choice program for the benefit of the United States; are the envy of the world due to the sym- Week to raise public awareness of the bene- biotic relationship that has existed among and fits of opportunity in education. Whereas the downwinders deserve to be those industries for many decades; recognized for the sacrifice they have made f Whereas for nearly a century, Congress has for the defense of the United States: Now, SENATE RESOLUTION 27—HON- rejected repeated calls by the recording in- dustry to impose a performance fee on local therefore, be it ORING THE LIFE AND ACHIEVE- Resolved, That the Senate— radio stations for simply playing music on MENTS OF EUGENE A. ‘‘GENE’’ the radio, as such a fee would upset the mu- (1) designates January 27, 2017, as a na- CERNAN tional day of remembrance for people of the tually beneficial relationship between local radio and the recording industry; United States who, during the Cold War, Mr. CRUZ (for himself, Mr. NELSON, Whereas local radio stations provide free worked and lived downwind from nuclear Mr. PETERS, Mr. DURBIN, Mr. VAN HOL- publicity and promotion to the recording in- testing sites and were adversely affected by LEN, Mr. RUBIO, Mr. INHOFE, Ms. HAS- dustry and performers of music in the form the radiation exposure generated by the SAN, Mr. CORNYN, Mr. THUNE, Mr. of radio air play, interviews with performers, above ground nuclear weapons testing; and WICKER, and Mr. GARDNER) submitted introduction of new performers, concert pro- (2) encourages the people of the United motions, and publicity that promotes the States to support and participate in appro- the following resolution; which was re- sale of music, concert tickets, ring tones, priate ceremonies, programs, and other ac- ferred to the Committee on the Judici- music videos, and associated merchandise; tivities to commemorate that national day ary: Whereas committees in the Senate and the of remembrance. S. RES. 27 House of Representatives have previously re- f Whereas Gene Cernan was born on March ported that ‘‘the sale of many sound record- 14, 1934, in Chicago, Illinois, was raised in the ings and the careers of many performers SENATE RESOLUTION 26—DESIG- suburban towns of Bellwood and Maywood, have benefitted considerably from airplay NATING THE WEEK OF JANUARY and graduated from Proviso Township High and other promotional activities provided by 22 THROUGH JANUARY 28, 2017, School; both noncommercial and advertiser-sup- AS ‘‘NATIONAL SCHOOL CHOICE Whereas Gene Cernan began his career as a ported, free over-the-air broadcasting’’; WEEK’’ basic flight trainee in the United States Whereas local radio broadcasters provide Navy; tens of thousands of hours of essential local Mr. SCOTT (for himself, Mr. ALEX- Whereas Gene Cernan was one of fourteen news and weather information during times ANDER, Mrs. FEINSTEIN, Mr. CASSIDY, astronauts selected by NASA in October 1963 of national emergencies and natural disas- Mr. MCCAIN, Mr. TILLIS, Mr. HATCH, to participate in the Gemini and Apollo pro- ters, such as on September 11, 2001, and dur- Mr. PERDUE, Mr. WICKER, Mr. RUBIO, grams; ing Hurricanes Katrina and Rita, as well as

VerDate Sep 11 2014 03:56 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.041 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S456 CONGRESSIONAL RECORD — SENATE January 24, 2017 public affairs programming, sports, and hun- COMMITTEE ON HOMELAND SECURITY AND The PRESIDING OFFICER. Without dreds of millions of dollars worth of time for GOVERNMENTAL AFFAIRS objection, it is so ordered. public service announcements and local fund The Committee on Homeland Secu- The resolution (S. Res. 26) was agreed raising efforts for worthy charitable causes, rity and Governmental Affairs is au- to. all of which are jeopardized if local radio sta- thorized to meet during the session of The preamble was agreed to. tions are forced to divert revenues to pay for (The resolution, with its preamble, is a new performance fee; the Senate on January 24, 2017, at 2:30 Whereas there are many thousands of local p.m. printed in today’s RECORD under ‘‘Sub- radio stations that will suffer severe eco- COMMITTEE ON THE JUDICIARY mitted Resolutions.’’) nomic hardship if any new performance fee is The Committee on the Judiciary is f imposed, as will many other small businesses authorized to meet during the session APPOINTMENTS AUTHORITY that play music, including bars, restaurants, of the Senate on January 24, 2017, at 10 retail establishments, sports and other en- Mr. MCCONNELL. Mr. President, I tertainment venues, shopping centers, and a.m. in room SD–226 of the Dirksen ask unanimous consent that notwith- transportation facilities; and Senate Office Building. standing the upcoming adjournment of Whereas the hardship that would result COMMITTEE ON SMALL BUSINESS AND the Senate, the President of the Sen- from a new performance fee would hurt busi- ENTREPRENEURSHIP ate, the President pro tempore, and the nesses in the United States and ultimately The Committee on Small Business the consumers in the United States who rely majority and minority leaders be au- and Entrepreneurship is authorized to thorized to make appointments to com- on local radio for news, weather, and enter- meet during the session of the Senate tainment, and such a performance fee is not missions, committees, boards, con- justified when the current system has pro- on January 24, 2017, at 10:30 a.m. in ferences, or interparliamentary con- duced the most prolific and innovative room 428A of the Russell Senate Office ferences authorized by law, by concur- broadcasting, music, and sound recording in- Building to conduct a hearing entitled rent action of the two Houses, or by dustries in the world: Now, therefore, be it ‘‘Nomination of Linda E. McMahon to order of the Senate, and that they be Resolved by the Senate (the House of Rep- be Administrator of the Small Business printed in the RECORD. resentatives concurring), That Congress should Administration.’’ The PRESIDING OFFICER. Without not impose any new performance fee, tax, COMMITTEE ON VETERANS’ AFFAIRS royalty, or other charge— objection, it is so ordered. (1) relating to the public performance of The Committee on Veterans’ Affairs f is authorized to meet during the ses- sound recordings on a local radio station for ORDERS FOR FRIDAY, JANUARY broadcasting sound recordings over the air; sion of the Senate on January 24, 2017, 27, 2017, AND MONDAY, JANUARY or at 3 p.m. in room SR–418 of the Russell 30, 2017 (2) on any business for the public perform- Senate Office Building. ance of sound recordings on a local radio sta- C SELECT COMMITTEE ON INTELLIGENCE Mr. M CONNELL. Mr. President, I tion broadcast over the air. ask unanimous consent that when the The Select Committee on Intel- Senate completes its business today, it f ligence is authorized to meet during adjourn until 10 a.m. on Friday, Janu- the session of the Senate on January ary 27, for a pro forma session only, AUTHORITY FOR COMMITTEES TO 24, 2017, at 2:30 p.m. in room SH–219 of with no business being conducted; fur- MEET the Senate Hart Office Building. ther, that when the Senate adjourns on Mr. HOEVEN. Mr. President, I have f Friday, January 27, it next convene on ten requests for committees to meet Monday, January 30, at 3 p.m.; further, during today’s session of the Senate. PRIVILEGES OF THE FLOOR that following the prayer and pledge, They have the approval of the Majority Mr. CASEY. Mr. President, I ask the morning hour be deemed expired, and Minority leaders. unanimous consent that Christopher the Journal of proceedings be approved Pursuant to Rule XXVI, paragraph Friese, from my staff, be granted floor to date, and the time for the two lead- 5(a), of the Standing Rules of the Sen- privileges for the duration of today’s ers be reserved for their use later in ate, the following committees are au- proceedings. the day; further, that following leader thorized to meet during today’s session The PRESIDING OFFICER. Without remarks, the Senate be in a period of of the Senate: objection, it is so ordered. morning business until 5 p.m., with COMMITTEE ON ARMED SERVICES Mr. WHITEHOUSE. Mr. President, I ask unanimous consent that Patrick Senators permitted to speak therein The Committee on Armed Services is for up to 10 minutes each; further, that authorized to meet during the session Reilly, a fellow in my office, be granted floor privileges for the remainder of at 5 p.m. on Monday, January 30, the of the Senate on January 24, 2017, at Senate proceed to executive session to 9:30 a.m. this Congress. The PRESIDING OFFICER. Without resume consideration of Calendar No. 2, COMMITTEE ON BANKING, HOUSING, AND URBAN objection, it is so ordered. Rex W. Tillerson to be Secretary of AFFAIRS State, and that there be 30 minutes of The Committee on Banking, Housing, f debate equally divided in the usual and Urban Affairs is authorized to NATIONAL SCHOOL CHOICE WEEK form; finally, that notwithstanding the meet during the session of the Senate Mr. MCCONNELL. Mr. President, I provisions of rule XXII, the cloture on January 24, 2017, at 10 a.m. ask unanimous consent that the Sen- vote on the Tillerson nomination occur COMMITTEE ON COMMERCE, SCIENCE, AND ate proceed to the consideration of S. at 5:30 p.m. on Monday. TRANSPORTATION Res. 26, submitted earlier today. The PRESIDING OFFICER. Without The Committee on Commerce, The PRESIDING OFFICER. The objection, it is so ordered. Science, and Transportation is author- clerk will report the resolution by f ized to meet during the session of the title. ORDER FOR ADJOURNMENT Senate on January 24, 2017, at 10:15 The senior assistant legislative clerk Mr. MCCONNELL. Mr. President, if a.m., in room SR–253 of the Russell read as follows: Senate Office Building. there is no further business to come be- A resolution (S. Res. 26) designating the COMMITTEE ON FINANCE fore the Senate, I ask unanimous con- week of January 22 through January 28, 2017, sent that it stand adjourned under the The Committee on Finance is author- as ‘‘National School Choice Week.’’ previous order, following the remarks ized to meet during the session of the There being no objection, the Senate Senate on January 24, 2017, in room of Senators SCHATZ and SULLIVAN. proceeded to consider the resolution. The PRESIDING OFFICER. Without SD–215 of the Dirksen Senate Office Mr. MCCONNELL. Mr. President, I objection, it is so ordered. Building. ask unanimous consent that the reso- The Senator from Hawaii. COMMITTEE ON FOREIGN RELATIONS lution be agreed to, the preamble be f The committee on Foreign Relations agreed to, and the motions to recon- is authorized to meet during the ses- sider be considered made and laid upon MEDICAID sion of the Senate on January 24, 2017, the table with no intervening action or Mr. SCHATZ. Mr. President, more at 12 p.m. debate. than 50 years ago, when Medicaid was

VerDate Sep 11 2014 03:56 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A24JA6.045 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE January 24, 2017 CONGRESSIONAL RECORD — SENATE S457 created, Congress made a smart deci- we do in Washington is that we run for Eileen has been both a special edu- sion. Lawmakers designed a program office saying one thing and then we get cation and regular education teacher so that if health care costs rise, if the in office and we do exactly the oppo- for almost 40 years. She is currently at economy starts to struggle, Medicaid site. Frankly, the Congress has earned University Park Elementary School. would be there for the American peo- that reputation. This is another in- To better communicate with her stu- ple, no matter what. stance where a party has promised to dents, she went to night school to learn A couple of days ago, the counselor not cut Medicaid, but here we are— American Sign Language. She is active to the President said that, as part of week 1, day 5—debating cuts on this in her church and particularly active the replacement plan for the Afford- important program. in Interior Alaska high school wres- able Care Act, Medicaid will be con- This is a deal breaker for me and tling helping dozens and dozens of stu- verted to block grants. Let’s be clear many of my colleagues, and it will be a dents. She has been so involved over about what this means. disaster for millions of Americans. the past 40 years in this important ac- People like grants, and they like I call on everyone on both sides of tivity that she was recently elected Medicaid. Maybe they are not sure the aisle to stand up for seniors, to into the State of Alaska Wrestlers Hall about whether they like block grants. stand up for women, to stand up for of Fame. An article in the Fairbanks Whether intentional or not, this kind children, and to fight any cuts to Med- Daily News-Miner quotes her as saying: of technocratic, bureaucratic language icaid. ‘‘Wrestling can take any sized kid and can trick people. It sounds fine. Maybe I yield the floor. they can be successful.’’ it is even the smart thing to do. f Congratulations, Eileen, for helping Let me be totally explicit about what APPOINTMENTS dozens and dozens of kids of all sizes in block granting Medicaid actually Alaska and making them successful. The PRESIDING OFFICER (Mr. means. It means cutting Medicaid. It She stated: ‘‘When you help each RUBIO) The Chair, on behalf of the Vice means less money for Medicaid. It other it makes living up here easier,’’ President, pursuant to the provisions means less health care for people. It is in the colds of Alaska. The same could of 20 U.S.C., sections 42 and 43, re- a euphemism. It is not quite a lie, but be said about anyplace in America. appoints the Senator from Arkansas, it is a way of describing something so So thanks, Eileen, for helping make Mr. BOOZMAN as a member of the Board that you don’t know exactly what it is. life easier, for your service, and for of Regents of the Smithsonian Institu- They are calling it a block grant be- being this week’s Alaskan of the Week. tion. f cause they don’t want to say that they The Chair, on behalf of the Vice are cutting Medicaid. President, pursuant to the order of the CABINET NOMINATIONS These cuts are going to hurt millions Senate of January 24, 1901, appoints the Mr. SULLIVAN. Mr. President, I wish of people. They will hurt working fami- Senator from Nebraska, Mr. SASSE, to to talk a little bit this afternoon about lies who rely on Medicaid to pay for read Washington’s Farewell Address on the way my colleagues on the other nursing home care for their families. Monday, February 27, 2017. side of the aisle are, unfortunately— We have to be pretty out of touch to The Senator from Alaska. and with no reason—delaying and de- not know anyone who at some point in f laying the confirmation of heads of their life will rely on nursing home TRIBUTE TO EILEEN DUBOWSKI critically important agencies, Cabinet subsidies from Medicaid. It is hap- Secretaries, for our country. pening in my extended family right Mr. SULLIVAN. Mr. President, Alas- Now, we have differences of opinion now. ka is a beautiful State—the mountains, in this body. That is often a good It is important to remember that the seas, the glaciers, the wildlife. thing. We debate, we share ideas, we Medicaid certainly helps children. Med- Most in this room and many watching agree, we disagree, we give the voters icaid certainly helps people who are on TV have seen my State on TV the very best we have, and then we let economically disadvantaged. It helps shows, on reality shows. Almost every- them make their own decisions, which poor people. But it also helps middle- body talks about at least someday they do at the ballot box. class families, because at the end of a coming to visit. We love tourists, like On election day, the American people family member’s life, who can pay for the Presiding Officer does. So please chose President Trump and Vice Presi- nursing home care out-of-pocket? You come. You will have a great experi- dent PENCE. The American people did may have saved all of your life, but, for ence, guaranteed. so knowing they would appoint a new instance, in Hawaii a nursing home But what makes my State particu- Cabinet and be focused on the issues costs around $10,000 a month. So it is a larly special is the people—kind people, they ran on, but the American people rare family who can pay $10,000 a tough people, generous of heart, and, did not vote for delay and they did not month for a grandmother or a great- yes, people with a lot of opinions. My vote for obstruction. They voted for ac- grandmother or a father or a mother. State is filled with people who are tion and they voted for a smooth tran- Nobody can do that. This is going to strong-willed and strong-hearted, cre- sition, which is what this body has tra- harm middle-class families. ating caring communities in some of ditionally done. It is also going to hurt women in par- the harshest environments in the It has been a longstanding tradition ticular. Women need Medicaid for ma- world. of the U.S. Senate, working hard, to ternal health services and for family As part of an initiative that I am confirm Cabinet nominees of a newly planning. These cuts are going to hurt doing to highlight some of these great elected President in a timely fashion, seniors and people with disabilities. Alaskan citizens, I would like to recog- particularly when it comes to the These people have nowhere else to nize this afternoon Eileen Dubowski as President’s national security team. turn. That is the point of Medicaid. the Alaskan of the Week. She is some- For example, in 2009, upon the elec- Medicaid is their only option. one of a strong mind and a strong tion of President Obama, 7 of his Cabi- Now, I have heard some people say: heart, and she has helped to make her net members were sworn into office on Well, this is going to expand local con- community and our State a better the first day, 5 more were confirmed by trol. That is preposterous. The truth is place. the end of the first week—14 Cabinet that block granting Medicaid, which is Eileen lives with her husband in a officials inside of a week. the same thing as cutting Medicaid and cabin in Salcha, AK, near the Fair- Where are we right now? Two Cabinet giving a fixed amount to the States, banks area. This year, this area of my officials and one CIA Director. That is gives States less control, not more con- State has experienced some brutally not what the American people expect. trol. They force States to choose be- dangerously cold temperatures. Re- That is not the tradition in the Senate. tween seniors and kids, between people cently, it was 59 degrees below zero My colleagues on the other side of the with disabilities and women, or be- near Salcha. That is cold, 59 below aisle have a responsibility to the Amer- tween health care and education. zero. Yet, in my State, people work in ican people to put a government in Look, it does not matter whom you such weather, they give to their com- place and to treat the confirmation voted for. American voters—left, right, munities, they reach out and watch process with the same courtesy and se- and center—have this sense that what over their neighbors. riousness the Senate gave to President

VerDate Sep 11 2014 03:56 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G24JA6.048 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE S458 CONGRESSIONAL RECORD — SENATE January 24, 2017 Obama’s Cabinet-level nominees, and ADJOURNMENT UNTIL FRIDAY, DEPARTMENT OF STATE that is not happening right now. This JANUARY 27, 2017, AT 10 A.M. NIKKI R. HALEY, OF SOUTH CAROLINA, TO BE THE REP- RESENTATIVE OF THE UNITED STATES OF AMERICA TO is serious business, particularly on na- The PRESIDING OFFICER. The Sen- THE UNITED NATIONS, WITH THE RANK AND STATUS OF tional security issues. ate stands adjourned until 10 a.m. on AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY, Friday, January 27. AND THE REPRESENTATIVE OF THE UNITED STATES OF I am hopeful my colleagues on the AMERICA IN THE SECURITY COUNCIL OF THE UNITED NA- Thereupon, the Senate, at 6:44 p.m., TIONS. other side of the aisle can start getting adjourned until Friday, January 27, serious and show this administration 2017, at 10 a.m. UNITED NATIONS the same courtesy that Republicans f NIKKI R. HALEY, OF SOUTH CAROLINA, TO BE REP- showed President Obama’s administra- RESENTATIVE OF THE UNITED STATES OF AMERICA TO CONFIRMATIONS THE SESSIONS OF THE GENERAL ASSEMBLY OF THE tion when he came into office. UNITED NATIONS DURING HER TENURE OF SERVICE AS Executive nominations confirmed by REPRESENTATIVE OF THE UNITED STATES OF AMERICA Mr. President, I yield the floor. the Senate January 24, 2017: TO THE UNITED NATIONS.

VerDate Sep 11 2014 03:56 Jan 25, 2017 Jkt 069060 PO 00000 Frm 00052 Fmt 0624 Sfmt 9801 E:\CR\FM\G24JA6.050 S24JAPT1 rfrederick on DSKBCBPHB2PROD with SENATE