Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 114 CONGRESS, SECOND SESSION

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

Vol. 162 WASHINGTON, THURSDAY, MARCH 10, 2016 No. 39 House of Representatives The House met at 11:30 a.m. and was THE JOURNAL That the Senate concur in the House amendment to the bill S. 1580. called to order by the Speaker pro tem- The SPEAKER pro tempore. Pursu- pore (Mr. HOLDING). That the Senate concur in the House ant to section 2(a) of House Resolution amendment to the bill S. 1172. 635, the Journal of the last day’s pro- That the Senate passed without amend- f ceedings is approved. ment H.R. 1755. f That the Senate agreed to without amend- DESIGNATION OF THE SPEAKER ment H. Con. Res. 113. PRO TEMPORE PLEDGE OF ALLEGIANCE With best wishes, I am The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Will the Sincerely, KAREN L. HAAS. fore the House the following commu- gentleman from Kentucky (Mr. WHIT- nication from the Speaker: FIELD) come forward and lead the f WASHINGTON, DC, House in the Pledge of Allegiance. March 10, 2016. Mr. WHITFIELD led the Pledge of Al- COMMUNICATION FROM CHAIR OF I hereby appoint the Honorable GEORGE legiance as follows: HOLDING to act as Speaker pro tempore on COMMITTEE ON TRANSPOR- I pledge allegiance to the Flag of the this day. TATION AND INFRASTRUCTURE United States of America, and to the Repub- PAUL D. RYAN, lic for which it stands, one nation under God, The SPEAKER pro tempore laid be- Speaker of the House of Representatives. indivisible, with liberty and justice for all. fore the House the following communication from the Chair of the Com- f f mittee on Transportation and Infra- PERMISSION TO FILE SUPPLE- structure; which was read and, without PRAYER MENTAL REPORT ON H.R. 4596 objection, referred to the Committee Reverend Michael Siconolfi, Society Mr. WHITFIELD. Mr. Speaker, I ask on Appropriations: of Jesus, Quantico, Virginia, offered unanimous consent that the Com- HOUSE OF REPRESENTATIVES, COM- the following prayer: mittee on Energy and Commerce be au- MITTEE ON TRANSPORTATION AND Lord, You are the author and sus- thorized to file a supplemental report INFRASTRUCTURE, tainer of our lives; Yours is the love on the bill, H.R. 4596. Washington, DC, March 3, 2016. that bears mercy and the sweet waters The SPEAKER pro tempore. Is there Hon. PAUL RYAN, that never run dry. By the power of objection to the request of the gen- Speaker of the House, House of Representatives, Your word, You stilled the chaos of pri- tleman from Kentucky? meval seas, made the raging waters of The Capitol, Washington, DC. There was no objection. DEAR MR. SPEAKER: On March 2, 2016, pur- the flood subside and etched the chan- f suant to section 3307 of Title 40, United nels of fruitful rivers from the Jordan States Code, the Committee on Transpor- to the Nile, from the Mississippi to the COMMUNICATION FROM THE tation and Infrastructure met in open ses- Rio Grande. CLERK OF THE HOUSE sion to consider 24 resolutions included in We gather this day not far from the The SPEAKER pro tempore laid be- the General Services Administration’s Cap- river called Potomac to pray for Your fore the House the following commu- ital Investment and Leasing Programs. The Committee continues to work to re- blessing upon the Members of this nication from the Clerk of the House of House. Much has been given them; and duce the cost of federal property and leases. Representatives: Of the 24 resolutions considered, the six al- from them much will be required. As- OFFICE OF THE CLERK, teration projects include space consolida- sist them with Your help that they HOUSE OF REPRESENTATIVES, tions, security improvements, and improve- may arrive at the final rollcall vote in Washington, DC, March 9, 2016. ments to space efficiency; the three con- Your grace and favor. Hon. PAUL D. RYAN, struction projects include two land ports of Grant all of us here on the shores of The Speaker, House of Representatives, entry and a federal courthouse consistent this nearby river a sense of hope as we Washington, DC. with existing funding; the prospectus for site strive to be instruments of Your peace. DEAR MR. SPEAKER: Pursuant to the per- acquisition and design and the prospectus for ‘‘In this brief transit . . . teach us to mission granted in Clause 2(h) of Rule II of a building purchase both will result in sig- the Rules of the U.S. House of Representa- nificant cost savings from avoided lease care and not to care. Teach us to sit tives, the Clerk received the following mes- costs; and the 13 lease prospectuses include still. Our peace is in Your will.’’ sage from the Secretary of the Senate on significant reductions of leased space. In We ask this for Your greater glory. March 9, 2016 at 9:29 a.m.: total, these resolutions represent $386 mil- Amen. That the Senate passed S. 2426. lion in avoided lease costs and offsets.

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

H1155

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COMMITTEE RESOLUTION resentatives, that pursuant to 40 U.S.C. § 3307, which is attached to and included in this res- appropriations are authorized for alterations olution. ALTERATION—ENERGY AND WATER RETROFIT to implement energy and water retrofit and AND CONSERVATION MEASURES PROGRAM, conservation measures, as well as high per- Provided further, that the General Services VARIOUS BUILDINGS formance energy projects, in Government- Administration shall not delegate to any Resolved by the Committee on Transportation owned buildings during Fiscal Year 2016 at a other agency the authority granted by this and Infrastructure of the U.S. House of Rep- total cost of $10,000,000, a prospectus for resolution.

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COMMITTEE RESOLUTION resentatives, that pursuant to 40 U.S.C. § 3307, spectus for which is attached to and included appropriations are authorized for alterations in this resolution. ALTERATION—JUDICIARY COURT SECURITY to improve physical security in government- Provided further, that the General Services PROGRAM, VARIOUS BUILDINGS owned buildings occupied by the Judiciary Administration shall not delegate to any Resolved by the Committee on Transportation and U.S. Marshals Service during Fiscal other agency the authority granted by this and Infrastructure of the U.S. House of Rep- Year 2016 at a total cost of $20,000,000, a pro- resolution.

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COMMITTEE RESOLUTION a two phase repair and alteration project for mated project cost of $45,000,000, a prospectus the approximately 841,000 gross square feet of ALTERATION—WILLIAM J. GREEN, JR. FEDERAL for which is attached to and included in this William J. Green, Jr., Federal Building lo- BUILDING, PHILADELPHIA, PA resolution. cated at 600 Arch Street in Philadelphia, Resolved by the Committee on Transportation Pennsylvania at an additional design cost of Provided, that the General Services Admin- and Infrastructure of the U.S. House of Rep- $1,200,000, a total estimated construction istration shall not delegate to any other resentatives, that pursuant to 40 U.S.C. § 3307, cost of $39,950,000 and a total management agency the authority granted by this resolu- appropriations are authorized for Phase I of and inspection cost of $3,850,000 for an esti- tion.

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COMMITTEE RESOLUTION alterations to resolve exterior envelope defi- project cost of $11,930,000, a prospectus for ALTERATION—U.S. LAND PORT OF ENTRY, ciencies and promote energy savings at the which is attached to and included in this res- PACIFIC HIGHWAY, BLAINE, WA U.S. Land Port of Entry located at Pacific olution. Resolved by the Committee on Transportation Highway in Blaine, Washington at a design Provided, that the General Services Admin- and Infrastructure of the U.S. House of Rep- cost of $1,030,000, an estimated construction istration shall not delegate to any other resentatives, that pursuant to 40 U.S.C. § 3307, cost of $9,956,000 and a management and in- agency the authority granted by this resolu- appropriations are authorized for repairs and spection cost of $944,000 for a total estimated tion.

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COMMITTEE RESOLUTION long-term housing solution for the Office of Management and Inspection cost of $7,638,000 SITE ACQUISITION AND DESIGN—FEDERAL Personnel Management, the Social Security for a total estimated project cost for design OFFICE BUILDING, BOYERS, PA Administration, and the Department of De- and site acquisition of $31,200,000, a pro- Resolved by the Committee on Transportation fense in the vicinity of Boyers, Pennsylvania spectus for which is attached to and included and Infrastructure of the U.S. House of Rep- to allow the Government to consolidate in this resolution. resentatives, that pursuant to 40 U.S.C. § 3307, these operations, currently housed in leased Provided, that the General Services Admin- appropriations are authorized for site acqui- space in an underground mine, into an owned istration shall not delegate to any other sition and design for the construction of facility at a site acquisition cost of agency the authority granted by this resolu- 462,000 gross square feet of space to provide a $12,000,000, a design cost of $11,562,000, and a tion.

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COMMITTEE RESOLUTION appropriations are authorized for the acqui- for which is attached to and included in this sition of the Internal Revenue Service Annex resolution. BUILDING ACQUISITION—IRS ANNEX BUILDING Building composed of 144,101 rentable square PURCHASE, AUSTIN, TX Provided, that the General Services Admin- feet of space and 179 parking spaces located Resolved by the Committee on Transportation at 2021 Woodward Street in Austin, Texas at istration shall not delegate to any other and Infrastructure of the U.S. House of Rep- a building, site acquisition and total esti- agency the authority granted by this resolu- resentatives, that pursuant to 40 U.S.C. § 3307, mated project cost of $12,756,000, a prospectus tion.

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COMMITTEE RESOLUTION struction of new replacement land port of $79,600,000 and a management and inspection entry facilities of 69,243 gross square feet (in- cost of $6,045,000 for an estimated project CONSTRUCTION—U.S. LAND PORT OF ENTRY, cluding canopies) to safely and efficiently cost of $85,645,000, a prospectus for which is COLUMBUS, NM accommodate steady increases in car, truck attached to and included in this resolution. Resolved by the Committee on Transportation and pedestrian traffic as well as incorporate Provided, that the General Services Admin- and Infrastructure of the U.S. House of Rep- extensive site improvements to address sig- istration shall not delegate to any other resentatives, that pursuant to 40 U.S.C. § 3307, nificant stormwater drainage issues at the agency the authority granted by this resolu- appropriations are authorized for the con- port at an estimated construction cost of tion.

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COMMITTEE RESOLUTION struction of facilities of 261,000 gross square $8,854,000 for a total estimated project cost of CONSTRUCTION—U.S. LAND PORT OF ENTRY, feet (including canopies and structured park- $100,471,000, a prospectus for which is at- ALEXANDRIA BAY, NY ing) to replace the existing land port of tached to and included in this resolution. Resolved by the Committee on Transportation entry in Alexandria Bay, New York in sup- Provided, that the General Services Admin- and Infrastructure of the U.S. House of Rep- port of Phase II of a two-phase project at an istration shall not delegate to any other resentatives, that pursuant to 40 U.S.C. § 3307, estimated construction cost of $91,617,000 and agency the authority granted by this resolu- appropriations are authorized for the con- a management and inspection cost of tion.

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COMMITTEE RESOLUTION $172,193,000, and total management and in- adopted by the Judicial Conference of the CONSTRUCTION—NEW U.S. COURTHOUSE, spection costs of $9,860,000 at a proposed United States. NASHVILLE, TN total additional authorization of $186,425,000, Provided further, that the Administrator of Resolved by the Committee on Transportation for which a prospectus and fact sheet, General Services shall ensure that the con- and Infrastructure of the U.S. House of Rep- amending the prospectus, is attached to, and struction of the new courthouse contains no resentatives, that pursuant to 40 U.S.C. § 3307, included in this resolution. This resolution more than eight courtrooms, including four appropriations are authorized for the mini- amends the Committee on Transportation for District Judges, two for Senior District mal additional site-related work, design and and Infrastructure resolutions of July 26, Judges, and two for Magistrate Judges. Provided further, that the design of the new construction of a U.S. Courthouse, up to 2000, July 18, 2001, and July 21, 2004. 386,000 gross square feet (including under- courthouse shall not deviate from the design ground parking), located in Nashville, Ten- Provided, that the Administrator of Gen- as reflected in the attached prospectus as nessee, at additional site costs of $2,417,000, eral Services shall ensure that construction amended by the fact sheet and any addi- an additional design costs of $1,955,000, a of the new courthouse complies, at a min- tional design shall conform with the require- total estimated construction cost of imum, with courtroom sharing requirements ments of the U.S. Courts Design Guide.

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COMMITTEE RESOLUTION Provided that, the Administrator of Gen- in the lease contract(s) a purchase option eral Services and tenant agencies agree to that can be exercised at the conclusion of LEASE—DEPARTMENT OF EDUCATION, SAN apply an overall utilization rate of 468 square the firm term of the lease. FRANCISCO, CA feet or less per person, except that, if the Ad- Provided further, that the Administrator Resolved by the Committee on Transportation ministrator determines that the overall uti- shall require that the delineated area of the and Infrastructure of the U.S. House of Rep- lization rate cannot be achieved, the Admin- procurement is identical to the delineated resentatives, that pursuant to 40 U.S.C. § 3307, istrator shall provide an explanatory state- area included in the prospectus, except that, appropriations are authorized for a lease ex- ment to the Committee on Transportation if the Administrator determines that the de- tension of up to 75,269 rentable square feet of and Infrastructure of the House of Rep- lineated area of the procurement should not space, including 2 official parking spaces, for resentatives prior to exercising any lease au- be identical to the delineated area included thority provided in this resolution. the Department of Education currently lo- in the prospectus, the Administrator shall cated at 50 Beale Street in San Francisco, Provided that, except for interim leases as described above, the Administrator may not provide an explanatory statement to the California at a proposed total annual cost of enter into any leases that are below pro- Committee on Transportation and Infra- $5,494,637 for a lease term of up to 3 years, a spectus level for the purposes of meeting any structure of the House of Representatives prospectus for which is attached to and in- of the requirements, or portions thereof, in- prior to exercising any lease authority pro- cluded in this resolution. cluded in the prospectus that would result in vided in this resolution. Approval of this prospectus constitutes au- an overall utilization rate of 468 square feet Provided further, that the General Services thority to execute an interim lease for all or higher per person. Administration shall not delegate to any tenants, if necessary, prior to the execution Provided that, to the maximum extent other agency the authority granted by this of the new lease. practicable, the Administrator shall include resolution.

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COMMITTEE RESOLUTION apply an overall utilization rate of 204 square that can be exercised at the conclusion of LEASE—U.S. DEPARTMENT OF DEFENSE, ARMY feet or less per person, except that, if the Ad- the firm term of the lease. ministrator determines that the overall uti- CORPS OF ENGINEERS, SAN FRANCISCO, CA Provided further, that the Administrator lization rate cannot be achieved, the Admin- Resolved by the Committee on Transportation shall require that the delineated area of the istrator shall provide an explanatory state- and Infrastructure of the U.S. House of Rep- procurement is identical to the delineated ment to the Committee on Transportation resentatives, that pursuant to 40 U.S.C. § 3307, area included in the prospectus, except that, and Infrastructure of the House of Rep- appropriations are authorized for a lease ex- if the Administrator determines that the de- resentatives prior to exercising any lease au- tension of up to 71,728 rentable square feet of lineated area of the procurement should not thority provided in this resolution. space for the Army Corps of Engineers cur- be identical to the delineated area included Provided that, except for interim leases as rently located at 1455 Market Street in San in the prospectus, the Administrator shall described above, the Administrator may not Francisco, California at a proposed total an- provide an explanatory statement to the enter into any leases that are below pro- nual cost of $4,662,320 for a lease term of up Committee on Transportation and Infra- spectus level for the purposes of meeting any to 2 years, a prospectus for which is attached structure of the House of Representatives of the requirements, or portions thereof, in- to and included in this resolution. prior to exercising any lease authority pro- Approval of this prospectus constitutes au- cluded in the prospectus that would result in vided in this resolution. thority to execute an interim lease for all an overall utilization rate of 204 square feet tenants, if necessary, prior to the execution or higher per person. Provided further, that the General Services of the new lease. Provided that, to the maximum extent Administration shall not delegate to any Provided that, the Administrator of Gen- practicable, the Administrator shall include other agency the authority granted by this eral Services and tenant agencies agree to in the lease contract(s) a purchase option resolution.

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COMMITTEE RESOLUTION tenants, if necessary, prior to the execution higher per person for the Office of Principle of the new lease. LEASE—U.S. DEPARTMENT OF JUSTICE, EXECU- Legal Advisors. Provided that, the Administrator of Gen- TIVE OFFICE OF IMMIGRATION REVIEW AND Provided that, to the maximum extent eral Services and tenant agencies agree to U.S. DEPARTMENT OF HOMELAND SECURITY, practicable, the Administrator shall include apply an overall utilization rate of 556 square IMMIGRATION AND CUSTOMS ENFORCEMENT, in the lease contract(s) a purchase option SAN FRANCISCO, CA feet or less per person for the Executive Of- that can be exercised at the conclusion of fice of Immigration Review and 253 square the firm term of the lease. Resolved by the Committee on Transportation feet or less per person for the Office of Prin- and Infrastructure of the U.S. House of Rep- ciple Legal Advisors, except that, if the Ad- Provided further, that the Administrator resentatives, that pursuant to 40 U.S.C. § 3307, ministrator determines that the overall uti- shall require that the delineated area of the appropriations are authorized for a suc- lization rates cannot be achieved, the Ad- procurement is identical to the delineated ceeding lease of up to 85,000 rentable square ministrator shall provide an explanatory area included in the prospectus, except that, feet of space, including 25 official parking statement to the Committee on Transpor- if the Administrator determines that the de- spaces, for the Department of Justice, Exec- tation and Infrastructure of the House of lineated area of the procurement should not utive Office for Immigration Review and the Representatives prior to exercising any lease be identical to the delineated area included Department of Homeland Security, Immigra- authority provided in this resolution. in the prospectus, the Administrator shall tion and Customs Enforcement, Office of Provided that, except for interim leases as provide an explanatory statement to the Principle Legal Advisors currently located described above, the Administrator may not Committee on Transportation and Infra- at 100 Montgomery Street in San Francisco, enter into any leases that are below pro- structure of the House of Representatives California at a proposed total annual cost of spectus level for the purposes of meeting any prior to exercising any lease authority pro- $6,460,000 for a lease term of up to 10 years, of the requirements, or portions thereof, in- vided in this resolution. a prospectus for which is attached to and included in the prospectus that would result in Provided further, that the General Services cluded in this resolution. an overall utilization rate of 556 square feet Administration shall not delegate to any Approval of this prospectus constitutes au- or higher per person for the Executive Office other agency the authority granted by this thority to execute an interim lease for all of Immigration Review or 253 square feet or resolution.

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COMMITTEE RESOLUTION Provided that, the Administrator of Gen- in the lease contract(s) a purchase option eral Services and tenant agencies agree to that can be exercised at the conclusion of LEASE—FEDERAL ELECTION COMMISSION, apply an overall utilization rate of 218 square the firm term of the lease. WASHINGTON, DC feet or less per person, except that, if the Ad- Provided further, that the Administrator Resolved by the Committee on Transportation ministrator determines that the overall uti- shall require that the delineated area of the and Infrastructure of the U.S. House of Rep- lization rate cannot be achieved, the Admin- procurement is identical to the delineated resentatives, that pursuant to 40 U.S.C. § 3307, istrator shall provide an explanatory state- area included in the prospectus, except that, appropriations are authorized for a replacement to the Committee on Transportation if the Administrator determines that the de- and Infrastructure of the House of Rep- ment lease of up to 105,000 rentable square lineated area of the procurement should not resentatives prior to exercising any lease au- feet of space, including 2 official parking be identical to the delineated area included thority provided in this resolution. spaces, for the Federal Election Commission in the prospectus, the Administrator shall Provided that, except for interim leases as currently located at 999 E Street, NW in provide an explanatory statement to the described above, the Administrator may not Washington, DC at a proposed total annual Committee on Transportation and Infra- enter into any leases that are below pro- cost of $5,250,000 for a lease term of up to 15 spectus level for the purposes of meeting any structure of the House of Representatives years, a prospectus for which is attached to of the requirements, or portions thereof, in- prior to exercising any lease authority pro- and included in this resolution. cluded in the prospectus that would result in vided in this resolution. Approval of this prospectus constitutes au- an overall utilization rate of 218 square feet Provided further, that the General Services thority to execute an interim lease for all or higher per person. Administration shall not delegate to any tenants, if necessary, prior to the execution Provided that, to the maximum extent other agency the authority granted by this of the new lease. practicable, the Administrator shall include resolution.

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COMMITTEE RESOLUTION Provided that, the Administrator of Gen- in the lease contract(s) a purchase option LEASE—U.S. DEPARTMENT OF DEFENSE, ARMY eral Services and tenant agencies agree to that can be exercised at the conclusion of CORPS OF ENGINEERS, BALTIMORE, MD apply an overall utilization rate of 183 square the firm term of the lease. feet or less per person, except that, if the Ad- Resolved by the Committee on Transportation Provided further, that the Administrator ministrator determines that the overall uti- and Infrastructure of the U.S. House of Rep- shall require that the delineated area of the lization rate cannot be achieved, the Admin- resentatives, that pursuant to 40 U.S.C. § 3307, procurement is identical to the delineated istrator shall provide an explanatory state- appropriations are authorized for a replace- area included in the prospectus, except that, ment to the Committee on Transportation ment lease of up to 143,000 rentable square if the Administrator determines that the de- and Infrastructure of the House of Rep- feet of space, including 44 official parking lineated area of the procurement should not resentatives prior to exercising any lease au- spaces, for the Department of Defense, Army be identical to the delineated area included thority provided in this resolution. Corps of Engineers currently located at 10 in the prospectus, the Administrator shall Provided that, except for interim leases as South Howard Street in Baltimore, Mary- provide an explanatory statement to the described above, the Administrator may not land at a proposed total annual cost of Committee on Transportation and Infra- enter into any leases that are below pro- $4,842,200, including an annual parking cost structure of the House of Representatives of $123,200, for a lease term of up to 20 years, spectus level for the purposes of meeting any prior to exercising any lease authority pro- a prospectus for which is attached to and in- of the requirements, or portions thereof, in- vided in this resolution. cluded in this resolution. cluded in the prospectus that would result in Approval of this prospectus constitutes au- an overall utilization rate of 183 square feet Provided further, that the General Services thority to execute an interim lease for all or higher per person. Administration shall not delegate to any tenants, if necessary, prior to the execution Provided that, to the maximum extent other agency the authority granted by this of the new lease. practicable, the Administrator shall include resolution.

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COMMITTEE RESOLUTION Provided that, the Administrator of Gen- in the lease contract(s) a purchase option LEASE—U.S. DEPARTMENT OF HOMELAND SECU- eral Services and tenant agencies agree to that can be exercised at the conclusion of RITY, CUSTOMS AND BORDER PROTECTION, apply an overall utilization rate of 290 square the firm term of the lease. feet or less per person, except that, if the Ad- NEWARK, NJ Provided further, that the Administrator ministrator determines that the overall uti- Resolved by the Committee on Transportation shall require that the delineated area of the lization rate cannot be achieved, the Admin- and Infrastructure of the U.S. House of Rep- procurement is identical to the delineated istrator shall provide an explanatory state- resentatives, that pursuant to 40 U.S.C. § 3307, area included in the prospectus, except that, ment to the Committee on Transportation appropriations are authorized for a replace- if the Administrator determines that the de- and Infrastructure of the House of Rep- ment lease of up to 123,000 rentable square lineated area of the procurement should not resentatives prior to exercising any lease au- feet of space, including 58 official parking be identical to the delineated area included thority provided in this resolution. spaces, for the Department of Homeland Se- in the prospectus, the Administrator shall Provided that, except for interim leases as curity, Customs and Border Protection cur- provide an explanatory statement to the described above, the Administrator may not rently located at 1100 Raymond Boulevard in Committee on Transportation and Infra- enter into any leases that are below pro- Newark, New Jersey at a proposed total an- structure of the House of Representatives nual cost of $4,551,000 for a lease term of up spectus level for the purposes of meeting any prior to exercising any lease authority pro- to 15 years, a prospectus for which is at- of the requirements, or portions thereof, in- vided in this resolution. tached to and included in this resolution. cluded in the prospectus that would result in Approval of this prospectus constitutes au- an overall utilization rate of 290 square feet Provided further, that the General Services thority to execute an interim lease for all or higher per person. Administration shall not delegate to any tenants, if necessary, prior to the execution Provided that, to the maximum extent other agency the authority granted by this of the new lease. practicable, the Administrator shall include resolution.

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COMMITTEE RESOLUTION Provided that, the Administrator of Gen- in the lease contract(s) a purchase option LEASE—ENVIRONMENTAL PROTECTION AGENCY, eral Services and tenant agencies agree to that can be exercised at the conclusion of NORTHERN VIRGINIA apply an overall utilization rate of 196 square the firm term of the lease. feet or less per person, except that, if the Ad- Resolved by the Committee on Transportation Provided further, that the Administrator ministrator determines that the overall uti- shall require that the delineated area of the and Infrastructure of the U.S. House of Rep- lization rate cannot be achieved, the Admin- procurement is identical to the delineated resentatives, that pursuant to 40 U.S.C. 3307, istrator shall provide an explanatory state- area included in the prospectus, except that, appropriations are authorized for a lease ex- ment to the Committee on Transportation if the Administrator determines that the de- tension of up to 326,057 rentable square feet and Infrastructure of the House of Rep- lineated area of the procurement should not of space, including 15 official parking spaces, resentatives prior to exercising any lease au- be identical to the delineated area included for the Environmental Protection Agency thority provided in this resolution. in the prospectus, the Administrator shall currently located at 2777 Crystal Drive (One Provided that, except for interim leases as provide an explanatory statement to the Potomac Yard) and 2733 Crystal Drive in Ar- described above, the Administrator may not Committee on Transportation and Infra- lington, Virginia at a proposed total annual enter into any leases that are below pro- structure of the House of Representatives cost of $12,716,223 for a lease term of up to 5 spectus level for the purposes of meeting any prior to exercising any lease authority pro- years, a prospectus for which is attached to of the requirements, or portions thereof, in- and included in this resolution. cluded in the prospectus that would result in vided in this resolution. Approval of this prospectus constitutes au- an overall utilization rate of 196 square feet Provided further, that the General Services thority to execute an interim lease for all or higher per person. Administration shall not delegate to any tenants, if necessary, prior to the execution Provided that, to the maximum extent other agency the authority granted by this of the new lease. practicable, the Administrator shall include resolution.

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COMMITTEE RESOLUTION apply an overall utilization rate of 184 square that can be exercised at the conclusion of LEASE—DEPARTMENT OF VETERANS AFFAIRS, feet or less per person, except that, if the Ad- the firm term of the lease. WASHINGTON, DC ministrator determines that the overall uti- Provided further, that the Administrator Resolved by the Committee on Transportation lization rate cannot be achieved, the Admin- shall require that the delineated area of the and Infrastructure of the U.S. House of Rep- istrator shall provide an explanatory state- procurement is identical to the delineated ment to the Committee on Transportation resentatives, that pursuant to 40 U.S.C. § 3307, area included in the prospectus, except that, and Infrastructure of the House of Rep- appropriations are authorized for a replace- if the Administrator determines that the de- resentatives prior to exercising any lease au- ment lease of up to 97,000 rentable square lineated area of the procurement should not thority provided in this resolution. feet of space for the Department of Veterans be identical to the delineated area included Provided that, except for interim leases as Affairs currently located at 801 I Street, NW in the prospectus, the Administrator shall described above, the Administrator may not in Washington, DC at a proposed total an- provide an explanatory statement to the enter into any leases that are below pro- nual cost of $4,850,000 for a lease term of up Committee on Transportation and Infra- to 15 years, a prospectus for which is at- spectus level for the purposes of meeting any of the requirements, or portions thereof, in- structure of the House of Representatives tached to and included in this resolution. prior to exercising any lease authority pro- Approval of this prospectus constitutes au- cluded in the prospectus that would result in vided in this resolution. thority to execute an interim lease for all an overall utilization rate of 184 square feet tenants, if necessary, prior to the execution or higher per person. Provided further, that the General Services of the new lease. Provided that, to the maximum extent Administration shall not delegate to any Provided that, the Administrator of Gen- practicable, the Administrator shall include other agency the authority granted by this eral Services and tenant agencies agree to in the lease contract(s) a purchase option resolution.

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COMMITTEE RESOLUTION Provided that, the Administrator of Gen- in the lease contract(s) a purchase option LEASE—ENVIRONMENTAL PROTECTION AGENCY, eral Services and tenant agencies agree to that can be exercised at the conclusion of REGIONAL HEADQUARTERS, DENVER, CO apply an overall utilization rate of 200 square the firm term of the lease. feet or less per person, except that, if the Ad- Resolved by the Committee on Transportation Provided further, that the Administrator ministrator determines that the overall uti- shall require that the delineated area of the and Infrastructure of the U.S. House of Rep- lization rate cannot be achieved, the Admin- resentatives, that pursuant to 40 U.S.C. § 3307, procurement is identical to the delineated istrator shall provide an explanatory state- area included in the prospectus, except that, appropriations are authorized for a replacement to the Committee on Transportation ment lease of up to 176,000 rentable square if the Administrator determines that the de- and Infrastructure of the House of Rep- lineated area of the procurement should not feet of space, including 40 official parking resentatives prior to exercising any lease au- spaces, for the Environmental Protection be identical to the delineated area included thority provided in this resolution. in the prospectus, the Administrator shall Agency Region 8 Headquarters currently lo- Provided that, except for interim leases as provide an explanatory statement to the cated at 1595 Wynkoop Street in Denver, Col- described above, the Administrator may not Committee on Transportation and Infra- orado at a proposed total annual cost of enter into any leases that are below pro- structure of the House of Representatives $8,096,000 for a lease term of up to 15 years, spectus level for the purposes of meeting any a prospectus for which is attached to and in- of the requirements, or portions thereof, in- prior to exercising any lease authority pro- cluded in this resolution. cluded in the prospectus that would result in vided in this resolution. Approval of this prospectus constitutes au- an overall utilization rate of 200 square feet Provided further, that the General Services thority to execute an interim lease for all or higher per person. Administration shall not delegate to any tenants, if necessary, prior to the execution Provided that, to the maximum extent other agency the authority granted by this of the new lease. practicable, the Administrator shall include resolution.

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COMMITTEE RESOLUTION apply an overall utilization rate of 195 square that can be exercised at the conclusion of LEASE—DEPARTMENT OF STATE, WASHINGTON, feet or less per person, except that, if the Ad- the firm term of the lease. DC ministrator determines that the overall uti- Provided further, that the Administrator Resolved by the Committee on Transportation lization rate cannot be achieved, the Admin- shall require that the delineated area of the and Infrastructure of the U.S. House of Rep- istrator shall provide an explanatory state- procurement is identical to the delineated ment to the Committee on Transportation resentatives, that pursuant to 40 U.S.C. § 3307, area included in the prospectus, except that, and Infrastructure of the House of Rep- appropriations are authorized for a replace- if the Administrator determines that the de- resentatives prior to exercising any lease au- ment lease of up to 115,000 rentable square lineated area of the procurement should not thority provided in this resolution. feet of space for the Department of State be identical to the delineated area included Provided that, except for interim leases as currently located at 2121 Virginia Avenue, in the prospectus, the Administrator shall described above, the Administrator may not NW in Washington, DC at a proposed total provide an explanatory statement to the enter into any leases that are below pro- annual cost of $5,750,000 for a lease term of Committee on Transportation and Infra- up to 15 years, a prospectus for which is at- spectus level for the purposes of meeting any of the requirements, or portions thereof, in- structure of the House of Representatives tached to and included in this resolution. prior to exercising any lease authority pro- Approval of this prospectus constitutes au- cluded in the prospectus that would result in vided in this resolution. thority to execute an interim lease for all an overall utilization rate of 195 square feet tenants, if necessary, prior to the execution or higher per person. Provided further, that the General Services of the new lease. Provided that, to the maximum extent Administration shall not delegate to any Provided that, the Administrator of Gen- practicable, the Administrator shall include other agency the authority granted by this eral Services and tenant agencies agree to in the lease contract(s) a purchase option resolution.

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COMMITTEE RESOLUTION Provided that, the Administrator of Gen- in the lease contract(s) a purchase option LEASE—U.S. DEPARTMENT OF JUSTICE, DRUG eral Services and tenant agencies agree to that can be exercised at the conclusion of ENFORCEMENT ADMINISTRATION, NORTHERN apply an overall utilization rate of 192 square the firm term of the lease. feet or less per person, except that, if the Ad- VIRGINIA Provided further, that the Administrator ministrator determines that the overall uti- Resolved by the Committee on Transportation shall require that the delineated area of the lization rate cannot be achieved, the Admin- and Infrastructure of the U.S. House of Rep- procurement is identical to the delineated istrator shall provide an explanatory state- resentatives, that pursuant to 40 U.S.C. § 3307, area included in the prospectus, except that, ment to the Committee on Transportation appropriations are authorized for a replace- if the Administrator determines that the de- and Infrastructure of the House of Rep- ment lease of up to 575,000 rentable square lineated area of the procurement should not resentatives prior to exercising any lease au- feet of space, including 85 official parking be identical to the delineated area included thority provided in this resolution. spaces, for the U.S. Department of Justice, in the prospectus, the Administrator shall Provided that, except for interim leases as Drug Enforcement Administration currently provide an explanatory statement to the described above, the Administrator may not located at 600–700 Army Navy Drive in Ar- Committee on Transportation and Infra- enter into any leases that are below pro- lington, Virginia at a proposed total annual structure of the House of Representatives cost of $22,425,000 for a lease term of up to 15 spectus level for the purposes of meeting any prior to exercising any lease authority pro- years, a prospectus for which is attached to of the requirements, or portions thereof, in- vided in this resolution. and included in this resolution. cluded in the prospectus that would result in Approval of this prospectus constitutes au- an overall utilization rate of 192 square feet Provided further, that the General Services thority to execute an interim lease for all or higher per person. Administration shall not delegate to any tenants, if necessary, prior to the execution Provided that, to the maximum extent other agency the authority granted by this of the new lease. practicable, the Administrator shall include resolution.

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COMMITTEE RESOLUTION tenants, if necessary, prior to the execution Provided that, to the maximum extent of the new lease. practicable, the Administrator shall include LEASE—DEPARTMENT OF HOMELAND SECURITY, in the lease contract(s) a purchase option CITIZENSHIP AND IMMIGRATION SERVICES, Provided that, the Administrator of Gen- that can be exercised at the conclusion of DALLAS, TX eral Services and tenant agencies agree to the firm term of the lease. apply an overall utilization rate of 218 square Resolved by the Committee on Transportation Provided further, that the Administrator feet or less per person, except that, if the Ad- and Infrastructure of the U.S. House of Rep- shall require that the delineated area of the ministrator determines that the overall uti- resentatives, that pursuant to 40 U.S.C. § 3307, procurement is identical to the delineated lization rate cannot be achieved, the Admin- appropriations are authorized for a replace- area included in the prospectus, except that, istrator shall provide an explanatory statement lease of up to 261,000 rentable square if the Administrator determines that the de- ment to the Committee on Transportation feet of space, including 8 official parking lineated area of the procurement should not and Infrastructure of the House of Rep- spaces, for the Department of Homeland Se- be identical to the delineated area included resentatives prior to exercising any lease au- curity, Citizenship and Immigration Services in the prospectus, the Administrator shall thority provided in this resolution. currently located at 4141 N. St. in Augustine, provide an explanatory statement to the Mesquite, Texas, 7701 N. Stemmons Freeway Provided that, except for interim leases as Committee on Transportation and Infra- in Dallas, Texas, and 8001 N. Stemmons Free- described above, the Administrator may not structure of the House of Representatives way in Dallas, Texas at a proposed total an- enter into any leases that are below pro- prior to exercising any lease authority pro- nual cost of $7,830,000 for a lease term of up spectus level for the purposes of meeting any vided in this resolution. to 20 years, a prospectus for which is at- of the requirements, or portions thereof, in- Provided further, that the General Services tached to and included in this resolution. cluded in the prospectus that would result in Administration shall not delegate to any Approval of this prospectus constitutes au- an overall utilization rate of 218 square feet other agency the authority granted by this thority to execute an interim lease for all or higher per person. resolution.

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COMMITTEE RESOLUTION alterations for the building system upgrades an estimated construction cost of $15,753,000 and the reconfiguration and alteration of and a management and inspection cost of ALTERATION—EDWARD R. ROYBAL FEDERAL space currently occupied by the U.S. District $1,423,000 for a total estimated project cost of BUILDING AND U.S. COURTHOUSE, LOS ANGE- Courts in the Edward R. Roybal Federal $19,383,000, a prospectus for which is attached LES, CA Building and U.S. Courthouse in Los Ange- to and included in this resolution. Resolved by the Committee on Transportation les, California to allow for the consolidation Provided, that the General Services Admin- and Infrastructure of the U.S. House of Rep- of court operations currently housed in the istration shall not delegate to any other resentatives, that pursuant to 40 U.S.C. 3307, Roybal Federal Building and in 312 North agency the authority granted by this resolu- appropriations are authorized for repairs and Spring Street at a design cost of $2,207,000, tion.

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AMENDED COMMITTEE RESOLUTION tenants, if necessary, prior to the execution Provided that, to the maximum extent LEASE—ENVIRONMENTAL PROTECTION AGENCY, of the new lease. practicable, the Administrator shall include in the lease contract(s) a purchase option DALLAS, TX Provided that, the Administrator of Gen- that can be exercised at the conclusion of Resolved by the Committee on Transportation eral Services and tenant agencies agree to the firm term of the lease. and Infrastructure of the U.S. House of Rep- apply an overall utilization rate of 210 square Provided further, that the Administrator resentatives, that pursuant to 40 U.S.C. 3307, feet or less per person, except that, if the Ad- shall require that the delineated area of the appropriations are authorized for a replace- ministrator determines that the overall uti- procurement is identical to the delineated ment lease of up to 229,000 rentable square lization rate cannot be achieved, the Admin- area included in the prospectus, except that, feet of space, including 40 official parking istrator shall provide an explanatory state- if the Administrator determines that the de- spaces, for the U.S. Environmental Protec- ment to the Committee on Transportation lineated area of the procurement should not tion Agency currently located at 1445 Ross and Infrastructure of the House of Rep- be identical to the delineated area included Street in Dallas, Texas, at a proposed total resentatives prior to exercising any lease au- in the prospectus, the Administrator shall annual cost of $6,412,000 for a lease term of thority provided in this resolution. up to 20 years, a prospectus for which is at- provide an explanatory statement to the tached to and included in this resolution as Provided that, except for interim leases as Committee on Transportation and Infra- amended by this resolution. This resolution described above, the Administrator may not structure of the House of Representatives amends the Committee resolution dated Feb- enter into any leases that are below pro- prior to exercising any lease authority pro- ruary 12, 2015, authorizing a lease with an spectus level for the purposes of meeting any vided in this resolution. overall utilization rate of 188 square feet or of the requirements, or portions thereof, in- Provided further, that the General Services less per person. cluded in the prospectus that would result in Administration shall not delegate to any Approval of this prospectus constitutes au- an overall utilization rate of 210 square feet other agency the authority granted by this thority to execute an interim lease for all or higher per person. resolution.

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VerDate Sep 11 2014 02:17 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00145 Fmt 4634 Sfmt 0634 E:\CR\FM\A10MR7.026 H10MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE Insert offset folio 11/157 here EH100316.120 H1300 CONGRESSIONAL RECORD — HOUSE March 10, 2016 There was no objection. 4599. A letter from the General Counsel, sion, transmitting the Commission’s final Pension Benefit Guaranty Corporation, rule — Promoting Diversification of Owner- f transmitting the Corporation’s final rule — ship in the Broadcasting Services [MB Dock- ADJOURNMENT Benefits Payable in Terminated Single-Em- et No.: 07-294]; Review of Media Bureau Data The SPEAKER pro tempore. Pursu- ployer Plans; Interest Assumptions for Pay- Practices [MB Docket No.: 10-103]; Amend- ing Benefits received March 4, 2016, pursuant ment of Part 1 of the Commission’s Rules, ant to section 2(b) of House Resolution to 5 U.S.C. 801(a)(1)(A); Added by Public Law Concerning Practice and Procedure, Amend- 635, the House stands adjourned until 104-121, Sec. 251; (110 Stat. 868); to the Com- ment of CORES Registration System [MB noon on Monday, March 14, 2016, for mittee on Education and the Workforce. Docket No.: 10-234] received March 4, 2016, morning-hour debate and 2 p.m. for leg- 4600. A letter from the Assistant Secretary pursuant to 5 U.S.C. 801(a)(1)(A); Added by islative business. for Legislation, Department of Health and Public Law 104-121, Sec. 251; (110 Stat. 868); to Thereupon (at 11 o’clock and 35 min- Human Services, transmitting the Depart- the Committee on Energy and Commerce. utes a.m.), under its previous order, the ment’s report entitled ‘‘Annual Report to 4608. A letter from the Secretary, Depart- House adjourned until Monday, March Congress on the Use of Mandatory Recall Au- ment of the Treasury, transmitting a six- thority’’ for FY 2015, pursuant to Sec. 206(f) month periodic report on the national emer- 14, 2016, at noon for morning-hour de- of the FDA Food Safety Modernization Act gency with respect to South Sudan that was bate. of 2011, Public Law 111-353; to the Committee declared in Executive Order 13664 of April 3, f on Energy and Commerce. 2014, and, pursuant to 50 U.S.C. 1641(c); Pub- 4601. A letter from the Deputy Assistant lic Law 94-412, Sec. 401(c); (90 Stat. 1257); to EXECUTIVE COMMUNICATIONS, Administrator, Office of Diversion Control, the Committee on Foreign Affairs. ETC. DEA, Department of Justice, transmitting 4609. A letter from the Secretary, Depart- Under clause 2 of rule XIV, executive the Department’s final order — Schedules of ment of the Treasury, transmitting a six- communications were taken from the Controlled Substances: Extension of Tem- month periodic report on the national emer- Speaker’s table and referred as follows: porary Placement of 10 Synthetic Cathinones gency with respect to significant malicious in Schedule 1 of the Controlled Substances cyber-enabled activities that was declared in 4593. A letter from the Director, Defense Act [Docket No.: DEA-386] received March 4, Executive Order 13694 of April 1, 2015, and, Procurement and Acquisition Policy, De- 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added pursuant to 50 U.S.C. 1641(c); Public Law 94- partment of Defense, transmitting the De- by Public Law 104-121, Sec. 251; (110 Stat. 412, Sec. 401(c); (90 Stat. 1257); to the Com- partment’s final rule — Defense Federal Ac- 868); to the Committee on Energy and Com- mittee on Foreign Affairs. quisition Regulation Supplement: Uniform merce. 4610. A communication from the President Procurement Identification (DFARS Case 4602. A letter from the Deputy Assistant of the United States, transmitting notifica- 2015-D011) [Docket No.: DARS-2015-0025] (RIN: Administrator, Office of Diversion Control, tion that the national emergency with re- 0750-AI54) received March 8, 2016, pursuant to DEA, Department of Justice, transmitting spect to Iran, originally declared on March 5 U.S.C. 801(a)(1)(A); Added by Public Law the Department’s final rule — Removal of 15, 1995, is to continue in effect beyond 104-121, Sec. 251; (110 Stat. 868); to the Com- Exemption From Registration for Persons March 15, 2016, pursuant to 50 U.S.C. 1622(d); mittee on Armed Services. Authorized Under U.S. Nuclear Regulatory Public Law 94-412, Sec. 202(d); (90 Stat. 1257) 4594. A letter from the Assistant to the Commission or Agreement State Medical Use (H. Doc. No. 114—115); to the Committee on Board, Board of Governors of the Federal Re- Licenses or Permits and Administering the Foreign Affairs and ordered to be printed. serve System, transmitting the Board’s joint Drug Product DaTscan [Docket No.: DEA- 4611. A letter from the Assistant Secretary, interim final rules — Expanded Examination 394F] (RIN: 1117-AB38) received March 4, 2016, Legislative Affairs, Department of State, Cycle for Certain Small Insured Depository pursuant to 5 U.S.C. 801(a)(1)(A); Added by transmitting the Department’s report cov- Institutions and U.S. Branches and Agencies Public Law 104-121, Sec. 251; (110 Stat. 868); to ering the period from August 15, 2015, to Oc- of Foreign Banks [Docket No.: R-1531] (RIN: the Committee on Energy and Commerce. tober 13, 2015 on the Authorization for Use of 7100-AE45] received March 7, 2016, pursuant 4603. A letter from the Administrator, En- Military Force Against Iraq Resolutions, to 5 U.S.C. 801(a)(1)(A); Added by Public Law vironmental Protection Agency, transmit- pursuant to Public Law 107-248, Sec. 8137; (116 104-121, Sec. 251; (110 Stat. 868); to the Com- ting the Agency’s report entitled ‘‘Third Re- Stat. 1569) and 50 U.S.C. 1541 note; Public mittee on Financial Services. port to Congress: Highlights from the Diesel Law 107-243, Sec. 4; (116 Stat. 1498); to the 4595. A letter from the Assistant to the Emissions Reduction Act Program’’, as re- Committee on Foreign Affairs. Board, Board of Governors of the Federal Re- quired by the Energy Policy Act of 2005, pur- 4612. A letter from the Director, Defense serve System, transmitting the Board’s suant to 42 U.S.C. 16134(a); Public Law 109-58, Security Cooperation Agency, Department of Major interim final rule — Federal Reserve Sec. 794(a); (119 Stat. 843); to the Committee Defense, transmitting a notice of the Navy’s Bank Capital Stock [Regulation I; Docket on Energy and Commerce. proposed lease amendment, to the Govern- No.: R-1533] (RIN: 7100-AE47) received March 4604. A letter from the Director, Regu- ment of Canada, Transmittal No. 03-16, pur- 7, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); latory Management Division, Environmental suant to Sec. 62(a) of the Arms Export Con- Added by Public Law 104-121, Sec. 251; (110 Protection Agency, transmitting the Agen- trol Act; to the Committee on Foreign Af- Stat. 868); to the Committee on Financial cy’s direct final rule — Air Plan Approval; fairs. Services. Ohio; Base Year Emission Inventories for the 4613. A letter from the Director, Defense 4596. A letter from the Assistant Secretary 2008 8-Hour Ozone Standard [EPA-R05-OAR- Security Cooperation Agency, Department of for Legislation, Department of Health and 2014-0658; FRL-9943-46-Region 5] received Defense, transmitting reports of the Depart- Human Services, transmitting the Depart- March 8, 2016, pursuant to 5 U.S.C. ment’s first quarter FY 2016 sales agreement’s report entitled ‘‘Report to Congress 801(a)(1)(A); Added by Public Law 104-121, ments developed in accordance with Secs. on the Social and Economic Conditions of Sec. 251; (110 Stat. 868); to the Committee on 36(a) and 26(b) of the Arms Export Control Native Americans: Fiscal Year 2013’’, pursu- Energy and Commerce. Act; to the Committee on Foreign Affairs. ant to 42 U.S.C. 2992-1; Public Law 88-452, 4605. A letter from the Director, Regu- 4614. A letter from the Assistant Secretary Sec. 811A (as added by Public Law 102-375, latory Management Division, Environmental for Export Administration, Bureau of Indus- Sec. 822(12)); (106 Stat. 1299); to the Com- Protection Agency, transmitting the Agen- try and Security, Department of Commerce, mittee on Education and the Workforce. cy’s final rule — Fluopyram; Pesticide Toler- transmitting the Department’s final rule — 4597. A letter from the Assistant Secretary ances [EPA-HQ-OPP-2015-0443; FRL-9943-21] Export Control Reform: Conforming Change for Legislation, Department of Health and received March 8, 2016, pursuant to 5 U.S.C. to Defense Sales Offset Reporting Require- Human Services, transmitting the Depart- 801(a)(1)(A); Added by Public Law 104-121, ments [Docket No.: 150825780-6125-02] (RIN: ment’s report entitled ‘‘2015 Annual Report Sec. 251; (110 Stat. 868); to the Committee on 0694-AG38) received March 4, 2016, pursuant to the Congress on the Native Hawaiian Re- Energy and Commerce. to 5 U.S.C. 801(a)(1)(A); Added by Public Law volving Loan Fund’’, pursuant to 42 U.S.C. 4606. A letter from the Director, Regu- 104-121, Sec. 251; (110 Stat. 868); to the Com- 2991b-1(g)(1); Public Law 88-452, Sec. 803A (as latory Management Division, Environmental mittee on Foreign Affairs. amended by Public Law 102-375, Sec. 822(2)); Protection Agency, transmitting the Agen- 4615. A letter from the Assistant Secretary, (106 Stat. 1296); to the Committee on Edu- cy’s direct final rule — Approval and Pro- Legislative Affairs, Department of State, cation and the Workforce. mulgation of Air Quality Implementation transmitting the Department’s report on 4598. A letter from the PRAO Branch Chief, Plans: New Mexico; and Albuquerque/ progress toward a negotiated solution of the Food and Nutrition Service, Department of Bernalillo County; Revisions to Establish Cyprus question covering the period of Octo- Agriculture, transmitting the Department’s Small Business Stationary Source Technical ber 1, 2015 through November 30, 2015, pursu- final rule — Special Supplemental Nutrition and Environmental Compliance Assistance ant to Sec. 620C(c) of the Foreign Assistance Program for Women, Infants and Children Programs [EPA-R06-OAR-2014-0642; FRL-9943- Act of 1961, as amended, and in accordance (WIC): Implementation of Electronic Benefit 43-Region 6] received March 8, 2016, pursuant with Sec. 1(a)(6) of Executive Order 13313; to Transfer-Related Provisions (RIN: 0584-AE21) to 5 U.S.C. 801(a)(1)(A); Added by Public Law the Committee on Foreign Affairs. received March 7, 2016, pursuant to 5 U.S.C. 104-121, Sec. 251; (110 Stat. 868); to the Com- 4616. A letter from the Chairman, Council 801(a)(1)(A); Added by Public Law 104-121, mittee on Energy and Commerce. of the District of Columbia, transmitting Sec. 251; (110 Stat. 868); to the Committee on 4607. A letter from the Chief of Staff, Media D.C. Act 21-325, ‘‘Marion S. Barry Summer Education and the Workforce. Bureau, Federal Communications Commis- Youth Employment Expansion Temporary

VerDate Sep 11 2014 02:17 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00146 Fmt 4634 Sfmt 0634 E:\CR\FM\K10MR7.004 H10MRPT1 emcdonald on DSK67QTVN1PROD with HOUSE March 10, 2016 CONGRESSIONAL RECORD — HOUSE H1301 Amendment Act of 2016’’, pursuant to Public ceived March 4, 2016, pursuant to 5 U.S.C. the addition of park administration at the Law 93-198, Sec. 602(c)(1); (87 Stat. 814); to the 801(a)(1)(A); Added by Public Law 104-121, Coltsville National Historical Park, and for Committee on Oversight and Government Sec. 251; (110 Stat. 868); to the Committee on other purposes; with an amendment (Rept. Reform. Natural Resources. 114–447). Referred to the Committee of the 4617. A letter from the Chairman, Council 4626. A letter from the Attorney General, Whole House on the state of the Union. of the District of Columbia, transmitting Department of Justice, transmitting a copy Mr. BISHOP of Utah: Committee on Nat- D.C. Act 21-323, ‘‘Chancellor of the District of of the decision of the Court of Appeals for ural Resources. H.R. 3079. A bill to take cer- Columbia Public Schools Salary and Benefits the District of Columbia Circuit for the Na- tain Federal land located in Tuolumne Coun- Approval Temporary Amendment Act of tional Association of Manufacturers v. Secu- ty, California, into trust for the benefit of 2016’’, pursuant to Public Law 93-198, Sec. rities and Exchange Commission, 800 F.3d 518 the Tuolumne Band of Me-Wuk Indians, and 602(c)(1); (87 Stat. 814); to the Committee on (D.C. Cir. 2015), pursuant to 28 U.S.C. 530D(a); for other purposes; with an amendment Oversight and Government Reform. Public Law 107-273, Sec. 202(a); (116 Stat. (Rept. 114–448). Referred to the Committee of 4618. A letter from the Chairman, Council 1771); to the Committee on the Judiciary. the Whole House on the state of the Union. of the District of Columbia, transmitting 4627. A letter from the Chief Counsel, f D.C. Act 21-324, ‘‘Protecting Pregnant Work- FEMA, Department of Homeland Security, ers Fairness Temporary Amendment Act of transmitting the Department’s final rule — PUBLIC BILLS AND RESOLUTIONS 2016’’, pursuant to Public Law 93-198, Sec. Suspension of Community Eligibility; Penn- Under clause 2 of rule XII, public 602(c)(1); (87 Stat. 814); to the Committee on sylvania: Abington, Township of, Mont- Oversight and Government Reform. bills and resolutions of the following gomery County; [Docket ID: FEMA-2015-0001] titles were introduced and severally re- 4619. A letter from the Chairman, Federal [Internal Agency Docket No.: FEMA-8419] re- Deposit Insurance Corporation, transmitting ceived March 4, 2016, pursuant to 5 U.S.C. ferred, as follows: the Corporation’s 2016 Annual Performance 801(a)(1)(A); Added by Public Law 104-121, By Mr. SHUSTER (for himself and Mr. Plan, pursuant to 31 U.S.C. 1115(b); Public Sec. 251; (110 Stat. 868); to the Committee on BRADY of Texas): Law 111-352, Sec. 3; (124 Stat. 3867); to the Transportation and Infrastructure. H.R. 4721. A bill to amend title 49, United Committee on Oversight and Government 4628. A letter from the Director, Tax States Code, to extend authorizations for the Reform. Issues, Strategic Issues Team, Government airport improvement program, to amend the 4620. A letter from the Acting Secretary, Accountability Office, transmitting the Of- Internal Revenue Code of 1986 to extend the Department of Education, transmitting the fice’s report entitled ‘‘List of Active and funding and expenditure authority of the FY 2015 Annual Performance Report and FY Completed Tax-Related Assignments as of Airport and Airway Trust Fund, and for 2017 Annual Performance Plan, pursuant to December 31, 2015’’; to the Committee on other purposes; to the Committee on Trans- 31 U.S.C. 1115(b); Public Law 111-352, Sec. 3; Ways and Means. portation and Infrastructure, and in addition (124 Stat. 3867); to the Committee on Over- 4629. A letter from the Chief Privacy Offi- to the Committee on Ways and Means, for a sight and Government Reform. cer, Privacy Office, Department of Homeland period to be subsequently determined by the 4621. A letter from the Senior Procurement Security, transmitting the Department’s Speaker, in each case for consideration of Executive, Office of Acquisition Policy, Gen- Privacy Office’s 2015 Data Mining Report to such provisions as fall within the jurisdic- eral Services Administration, transmitting Congress, as required by the Federal Agency tion of the committee concerned. the Administration’s final rule — Federal Data Mining Reporting Act, pursuant to 42 By Mr. SAM JOHNSON of Texas: Acquisition Regulation; Technical Amend- U.S.C. 2000ee-3(c)(1); Public Law 110-53, Sec. H.R. 4722. A bill to amend the Internal Rev- ment [FAC 2005-87; Item II; Docket No.: 2016- 804(c)(1); (121 Stat. 363); to the Committee on enue Code of 1986 to require inclusion of the 0052; Sequence No.: 1] received March 4, 2016, Homeland Security. taxpayer’s social security number to claim pursuant to 5 U.S.C. 801(a)(1)(A); Added by 4630. A letter from the Secretary, Depart- the refundable portion of the child tax cred- Public Law 104-121, Sec. 251; (110 Stat. 868); to ment of Health and Human Services, transit; to the Committee on Ways and Means. the Committee on Oversight and Govern- mitting the Department’s FY 2015 report of By Ms. JENKINS of Kansas (for herself, ment Reform. the Federal Coordinated Health Care Office, Mr. TIBERI, Mr. ROSKAM, Mrs. BLACK, 4622. A letter from the Senior Procurement pursuant to 42 U.S.C. 1315b(e); Public Law and Mr. SAM JOHNSON of Texas): Executive, Office of Acquisition Policy, Gen- 111-148, Sec. 2602(e); (124 Stat. 316); jointly to H.R. 4723. A bill to amend the Internal Rev- eral Services Administration, transmitting the Committees on Energy and Commerce enue Code of 1986 to provide for the recovery the Administration’s Small Entity Compli- and Ways and Means. of improper overpayments resulting from ance Guide — Federal Acquisition Regula- 4631. A letter from the Regulations Coordi- certain Federally subsidized health insur- tion; Federal Acquisition Circular 2005-87 nator, CCIIO, Department of Health and ance; to the Committee on Ways and Means. [Docket No.: FAR 2016-0051, Sequence No.: 1] Human Services, transmitting the Depart- By Mr. BRADY of Texas: received March 4, 2016, pursuant to 5 U.S.C. ment’s Major final rule — Patient Protection H.R. 4724. A bill to repeal the program of 801(a)(1)(A); Added by Public Law 104-121, and Affordable Care Act; HHS Notice of Ben- block grants to States for social services; to Sec. 251; (110 Stat. 868); to the Committee on efit and Payment Parameters for 2017 [CMS- the Committee on Ways and Means. Oversight and Government Reform. 9937-F] (RIN: 0938-AS57) received March 7, By Mr. PITTS: 4623. A letter from the Senior Procurement H.R. 4725. A bill to reduce the Federal def- Executive, Office of Acquisition Policy, Gen- 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Added by Public Law 104-121, Sec. 251; (110 Stat. icit through reforms in spending under Med- eral Services Administration, transmitting icaid, CHIP, and the Prevention and Public the Administration’s summary presentation 868); jointly to the Committees on Energy and Commerce and Ways and Means. Health Fund; to the Committee on Energy of final rules — Federal Acquisition Regula- and Commerce. tion; Federal Acquisition Circular 2005-87; In- f By Mr. GRAVES of Missouri: troduction [Docket No.: FAR 2016-0051, Se- H.R. 4726. A bill to prohibit the obligation quence No.: 1] received March 4, 2016, pursu- REPORTS OF COMMITTEES ON PUBLIC BILLS AND RESOLUTIONS of funds to pay the salary of the Secretary of ant to 5 U.S.C. 801(a)(1)(A); Added by Public Homeland Security until a biometric entry Law 104-121, Sec. 251; (110 Stat. 868); to the Under clause 2 of rule XIII, reports of and exit data system has been fully imple- Committee on Oversight and Government committees were delivered to the Clerk mented, and for other purposes; to the Com- Reform. mittee on Homeland Security. 4624. A letter from the Senior Procurement for printing and reference to the proper calendar, as follows: By Mr. GRAYSON: Executive, Office of Acquisition Policy, Gen- H.R. 4727. A bill to require the Secretary of Mr. UPTON: Committee on Energy and eral Services Administration, transmitting the Department of Energy to issue a report Commerce. Supplemental report on H.R. the Administration’s final rule — Federal on fusion innovation; to the Committee on 4596. A bill to ensure that small business pro- Acquisition Regulation; Information on Cor- Science, Space, and Technology. viders of broadband Internet access service porate Contractor Performance and Integ- By Mr. SMITH of Washington: can devote resources to broadband deploy- rity [FAC 2005-87; FAR Case 2013-020; Item I; H.R. 4728. A bill to amend title II of the So- ment rather than compliance with cum- Docket 2013-0020, Sequence 1] (RIN: 9000- cial Security Act to expand the exception to bersome regulatory requirements (Rept. 114– AM74) received March 4, 2016, pursuant to 5 the windfall elimination provision based on 444, Pt. 2). U.S.C. 801(a)(1)(A); Added by Public Law 104- years of coverage; to the Committee on Ways Mr. BISHOP of Utah: Committee on Nat- 121, Sec. 251; (110 Stat. 868); to the Committee and Means. on Oversight and Government Reform. ural Resources. H.R. 1820. A bill to authorize 4625. A letter from the Acting Director, Of- the Secretary of the Interior to retire coal f fice of Sustainable Fisheries, NMFS, Na- preference right lease applications for which MEMORIALS tional Oceanic and Atmospheric Administra- the Secretary has made an affirmative com- tion, transmitting the Administration’s tem- mercial quantities determination, and for Under clause 3 of rule XII, porary rule — Fisheries of the Exclusive Eco- other purposes (Rept. 114–446). Referred to 177. The SPEAKER presented a memorial nomic Zone Off Alaska; Pacific Cod by Ves- the Committee of the Whole House on the of the General Assembly of the State of Colo- sels Using Pot Gear in the Central Regu- state of the Union. rado, relative to the members of the General latory Area of the Gulf of Alaska [Docket Mr. BISHOP of Utah: Committee on Nat- Assembly, recognizing the bravery and sac- No.: 140918791-4999-02] (RIN: 0648-XE419) re- ural Resources. H.R. 2857. A bill to facilitate rifice of the crew of the U.S.S. Pueblo; which

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was referred jointly to the Committees on Article I, Section 8, Clause 1 of the United H.R. 2817: Mr. RYAN of Ohio. Foreign Affairs and Armed Services. States Constitution. H.R. 2894: Mrs. KIRKPATRICK and Ms. LO- f The Congress shall have Power To lay and RETTA SANCHEZ of California. collect Taxes, Duties, Imposts and Excises, H.R. 3071: Mr. LARSON of Connecticut. CONSTITUTIONAL AUTHORITY to pay the Debts and provide for the common H.R. 3394: Mr. FORBES. Defense and general Welfare of the United STATEMENT H.R. 3559: Ms. NORTON. States; but all Duties, Imposts and Excises Pursuant to clause 7 of rule XII of H.R. 3846: Mr. ASHFORD and Ms. MOORE. shall be uniform throughout the United the Rules of the House of Representa- States; H.R. 4055: Mrs. CAROLYN B. MALONEY of tives, the following statements are sub- By Mr. GRAVES of Missouri: New York. mitted regarding the specific powers H.R. 4726. H.R. 4160: Mr. GRIJALVA. granted to Congress in the Constitu- Congress has the power to enact this legis- H.R. 4266: Ms. MCCOLLUM. tion to enact the accompanying bill or lation pursuant to the following: H.R. 4336: Mr. WALZ, Mr. SMITH of Texas, joint resolution. Article 1, Section 8, requires Congress to Mr. JOYCE, Mr. WALBERG, Mr. POSEY, Mr. provide for the common defense and the gen- NORCROSS, Mr. DESJARLAIS, Mr. GRAYSON, By Mr. SHUSTER: eral welfare of the United States. Mr. TAKAI, and Mr. KILMER. H.R. 4721. By Mr. GRAYSON: Congress has the power to enact this legis- H.R. 4438: Ms. NORTON. H.R. 4727. H.R. 4522: Mr. CALVERT. lation pursuant to the following: Congress has the power to enact this legis- H.R. 4626: Mr. SHUSTER, Mr. HUELSKAMP, Article I, Section 8 of the United States lation pursuant to the following: Constitution, specifically Clause 1, Clause 3, Article I, Section 8, of the United States and Mr. HUFFMAN. and Clause 18. Constitution. H. Con. Res. 89: Mr. BARTON, Mr. MURPHY By Mr. SAM JOHNSON of Texas: By Mr. SMITH of Washington: of Pennsylvania, Mr. COLLINS of New York, H.R. 4722. H.R. 4728. Mr. SMITH of Texas, and Mr. FLEMING. Congress has the power to enact this legis- Congress has the power to enact this legis- H. Res. 112: Ms. ROS-LEHTINEN. lation pursuant to the following: lation pursuant to the following: H. Res. 220: Ms. NORTON and Mr. KING of Article I, Section 8, Clause 1 Article I, section 8 of the constitution Iowa. By Ms. JENKINS of Kansas: H. Res. 343: Mr. KENNEDY. H.R. 4723. f H. Res. 584: Mr. ELLISON. Congress has the power to enact this legis- ADDITIONAL SPONSORS lation pursuant to the following: H. Res. 617: Mr. GOHMERT. Article I of the United States Constitution, Under clause 7 of rule XII, sponsors H. Res. 637: Ms. BROWN of Florida and Mr. Section 8, Clause 1 (‘‘The Congress shall have were added to public bills and resolu- PERLMUTTER. Power To lay and collect Taxes, Duties, Im- tions, as follows: posts and Excises . . .’’), and from the 16th H.R. 605: Mr. KILMER, Mr. BLUMENAUER, f Amendment to the United States Constitu- and Mr. COSTELLO of Pennsylvania. tion. H.R. 611: Mrs. CAROLYN B. MALONEY of New By Mr. BRADY of Texas: York. PETITIONS, ETC. H.R. 4724. H.R. 721: Mr. FLEMING. Under clause 3 of rule XII, Congress has the power to enact this legis- H.R. 746: Mr. CICILLINE. lation pursuant to the following: H.R. 923: Mr. BUCSHON, Mrs. BLACKBURN, 49. The SPEAKER presented a petition of Article I, Section 8, Clause 1 of the United Mr. DUNCAN of Tennessee, Mr. FLEISCHMANN, the Bannock County Commissioners, Idaho, States Constitution, to ‘‘provide for the com- and Mr. WESTMORELAND. relative to asking Congress to work to- mon Defence and general Welfare of the H.R. 1578: Mr. JORDAN. gether, urging a long-term sustainable solu- United States.’’ H.R. 1625: Mr. LARSEN of Washington. tion to fully fund the Payment in Lieu of By Mr. PITTS: H.R. 2144: Mr. DESJARLAIS. Taxes program and eliminate the uncer- H.R. 4725. H.R. 2237: Mr. HONDA and Mr. RANGEL. tainty communities face with ongoing fund- Congress has the power to enact this legis- H.R. 2737: Mr. OLSON, Mr. O’ROURKE, Mr. ing issues; which was referred to the Com- lation pursuant to the following: DOGGETT, and Mr. FORBES. mittee on Natural Resources.

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Vol. 162 WASHINGTON, THURSDAY, MARCH 10, 2016 No. 39 Senate The Senate met at 9:30 a.m. and was to address our Nation’s devastating other colleagues. I particularly want to called to order by the President pro prescription opioid and heroin epi- mention Senator PORTMAN from Ohio, tempore (Mr. HATCH). demic. who has been involved with this for f The Comprehensive Addiction and several years, from the very beginning, Recovery Act is good legislation that in developing this important legisla- PRAYER will help tackle this crisis by expand- tion for our country. He has worked The Chaplain, Dr. Barry C. Black, of- ing education and prevention initia- diligently over the past few years as fered the following prayer: tives, improving treatment programs, the lead Republican sponsor of this Let us pray. and bolstering law enforcement efforts. much-needed bill. He has held many O Lord, our Lord, how majestic is This authorization bill, in conjunction meetings and expert conferences to get Your Name in all the Earth. You are with the $400 million appropriated for an even greater understanding of the the giver of everlasting life, and noth- opioid-specific programs just a few issue. We appreciate the long hours he ing can separate us from Your limitless months ago, can make important has devoted to addressing this national love. You know us better than we know strides in combating the growing ad- crisis through the legislation we will ourselves, and You work for the good of diction and overdose problem we have pass today. those who love You. You have given us seen in every one of our States. And of course, we thank the senior the privilege to be called Your chil- In Kentucky, what we have seen is Senator from Iowa, Mr. GRASSLEY, the dren. some of the highest drug overdose rates chairman of the Judiciary Committee, for everything he has done to make Give our Senators today a faith suffi- in the country, and we know all too this moment possible. He understands cient for these challenging times. May well that the work that must be done the urgency of addressing this epi- their trust in You empower them to to overcome this crisis lies before us. demic, and we all appreciate the very solve problems, to conquer tempta- Kentuckians also know the positive important role he played in guiding tions, and to live more nearly as they impact this legislation can have. Let me remind you of what a top this legislation to passage. ought. Remind them that all things are Indeed, this critical legislation to ad- anti-drug official from Northern Ken- possible to those who believe. May dress America’s national drug epidemic tucky said about CARA. She said this their trust in You create in them both languished in a previous Senate Judici- bill ‘‘will address the growing needs of the desire and power to do Your will. ary Committee, but then Chairman our communities in getting appro- We pray in Your great Name. Amen. GRASSLEY came along. Under a new f priate treatment to those who are suf- chairman and a new Republican major- fering . . . [and] allow individuals, fam- PLEDGE OF ALLEGIANCE ity, the Comprehensive Addiction and ilies, and communities to heal from Recovery Act became a real priority. It The President pro tempore led the this scourge.’’ So we will keep working passed the committee swiftly, and it Pledge of Allegiance, as follows: hard to build on these efforts so that will pass the Senate today. I pledge allegiance to the Flag of the fewer Americans ever have to know the Important legislation to help the vic- United States of America, and to the Repub- heartache of drug addiction and over- tims of modern slavery languished in a lic for which it stands, one nation under God, dose. previous Senate Judiciary Committee, indivisible, with liberty and justice for all. I appreciate the work of Senators on but then Chairman GRASSLEY came f both sides of the aisle to advance this along. Under a new chairman and a bill. On the Democratic side, that in- new Republican majority, the Justice RECOGNITION OF THE MAJORITY cludes the junior Senator from Rhode LEADER for Victims of Trafficking Act became Island and the senior Senator from a real priority. It passed the committee The PRESIDING OFFICER (Mr. Minnesota. On the Republican side, swiftly, and then it passed the Senate. HELLER). The majority leader is recog- that includes Senator AYOTTE from The list goes on. Here is the chair- nized. New Hampshire. She cares deeply man who has worked to give voices to f about this issue and has studied the the voiceless. He also has a passion for problem carefully. She has seen the ef- letting Iowans and the American peo- COMPREHENSIVE ADDICTION AND fect it has had on her home State, and ple be heard. No wonder he is working RECOVERY BILL AND FILLING she has worked hard to do something so hard now to give the people a voice THE SUPREME COURT VACANCY about it. in the direction of the Supreme Court. Mr. MCCONNELL. Mr. President, Now, of course, today’s vote on CARA The next Supreme Court Justice later this morning the Senate will have would not have been possible at all could dramatically change the direc- an opportunity to take decisive action without the leadership and work of tion of the Court and our country for a

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

S1397

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.000 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1398 CONGRESSIONAL RECORD — SENATE March 10, 2016 generation. It is a change in direction ization bill has no money. For my the chips don’t fall your way, it’s OK to arbi- that could have significant implica- friend to say we have $470 million is trarily change the rules and deny the other tions for the rights we hold dear. That certainly not a factual statement. player his/her turn. includes our Second Amendment rights f That is the Senate Republicans’ les- and our First Amendment rights, son to the people who elected them. It things such as Americans’ ability to FILLING THE SUPREME COURT doesn’t matter who you elected for speak out politically and practice their VACANCY President, we will refuse to do our duty religion freely. Mr. REID. Mr. President, 3 years ago just to follow Donald Trump’s example. The American people obviously de- voters went to the ballot to elect a Remember what Donald Trump told all serve to have a voice in this matter. It President of the United States, the of my Republican friends and the coun- is the fairest and most reasonable ap- most powerful Nation in the world. The try on the Supreme Court nomination. proach we could take. During our cur- American people spoke, and they over- Here is his very, very detailed expla- rent national conversation, Americans whelmingly elected President Obama nation of what he wants to do. Here is could make their voices heard on the to a second term. what he said: ‘‘Delay, delay, delay.’’ kind of judicial philosophy they favor. We know that my friend the Repub- Then he went on to something else. One view says that judges should be lican leader stated that the Repub- The Republicans have followed that. committed to an even-handed interpre- licans had two goals: No. 1, to make Yesterday, Professor Jonathan Carl- tation of the law and the Constitution sure that Obama was not reelected; and son of the University of Iowa—he is a so that every American gets a fair No. 2, that they would oppose every- professor of law there—published an shake. Another view—the so-called em- thing Obama tried to do. On the first, op-ed in the Cedar Rapids Gazette, a pathy standard that President Obama they were a failure. Obama was re- newspaper in Iowa. In the editorial, favors—says that judges should, on elected with more than 5 million votes. Professor Carlson wrote: critical questions, rely on their per- The other agreement the Republicans Grassley’s decision [will] rob Americans of sonal ideology to resolve a case. made was to oppose everything that their voice. I know which view Justice Scalia Obama wanted to do or tried do, and He went on to say: took. He said that setting aside one’s they have stuck with that. That is why The voters elected President Obama to fill personal views is one of the primary we have had 7 years of turmoil, 7 years the next Supreme Court vacancy, and that qualifications for a judge. ‘‘If you’re of not doing nearly as much as we vacancy is now upon us. Obama should be al- going to be a good and faithful judge, should, 7 years of endless filibusters. lowed to do the job he was elected to do. you have to resign yourself to the fact So my friend the Republican leader Grassley’s problem isn’t that he wants to you’re not always going to like the can talk all he wants about the give the American people a chance to decide conclusions you reach.’’ this issue. His problem is that he doesn’t like progress made last year, but anyone the decision they already made. The American people will have the studying what has gone on in the Sen- chance to make their voices heard in ate recognizes that simply is without Republicans should not ignore the the matter, and that is thanks to a any basis. We have done so little that voice of the people just because they dedicated Senator from Iowa who con- some political scientists say it is the don’t like what the American people tinues to stand strong for Americans’ most unproductive year that has ever declared, but that is just what the sen- right to have a say. Chairman GRASS- been spent in Washington. But 3 years ior Senator from Iowa continues to LEY has gotten a lot done under the ago, voters went to the ballot box to do—ignore the people of Iowa and the new majority, just as the Senate has elect a President. The American people rest of America. gotten a lot done under the new major- spoke. They spoke loudly, as I have in- Thirty years ago, Senator GRASSLEY ity. We will mark another important dicated, and they overwhelmingly had it right. When the Judiciary Com- accomplishment for the American peo- elected Barack Obama for a second mittee began its consideration of the ple this morning with the passage of term. It was a 4-year term he was elevation of Justice Rehnquist to be CARA. elected to, not a 3-year term—a 4-year Chief Justice, he said: ‘‘This com- Now Senators have a choice. Sen- term. mittee has the obligation to build a ators can endlessly debate an issue During the Presidential term of of- record and to conduct the most in- where the parties don’t agree or they fice, our President has obligations— depth inquiry that we can.’’ Let me re- can keep working together in areas constitutional obligations. But Repub- peat that. ‘‘This committee’’—he is re- where we do. I say we should continue licans continue to reject that election. ferring to the Judiciary Committee— doing our work, and the American peo- They continue to reject Barack ‘‘has the obligation to build a record ple should continue making their Obama’s Presidency. They say he is il- and to conduct the most in-depth in- voices heard. That is good for the coun- legitimate. They continue to reject the quiry that we can.’’ try, and that is the best way forward will of the people. Now Senator GRASSLEY isn’t inter- now. When he was reelected overwhelm- ested in inquiries or building a record. He refuses to meet with the nominee, f ingly, obviously, they gave him the constitutional powers to do whatever is even if the nominee is from Iowa. He RECOGNITION OF THE MINORITY refuses to hold a hearing, and he re- LEADER within the Constitution. One of those is to nominate Supreme Court Jus- fuses, of course, to have a vote. Senator GRASSLEY isn’t interested in The PRESIDING OFFICER. The tices, just as he did in his first term. inquiries or building a record. Through Democratic leader is recognized. Yet the Republican leader and the sen- his obstruction, he is already choosing f ior Senator from Iowa remain com- to close the door on a potential nomi- mitted to blocking the President’s COMPREHENSIVE ADDICTION AND nee. He has even said that he will not nominee. They are not following the RECOVERY BILL consider the nomination of his fellow Constitution. Republicans are not fol- Iowan Judge Jane Kelly, even though Mr. REID. Mr. President, we are cer- lowing the Constitution. The whole she was overwhelmingly elevated from tainly pleased we are going to pass this country is taking note. But the State the trial court to the appellate court in opioid bill shortly. Everyone should of Iowa is taking special note. this body with, of course, Senator understand that the bill would have Earlier this week, a mother wrote an had some meat if, in fact, we had an GRASSLEY leading the charge on her be- open letter to Senator GRASSLEY that half. So what he said about his fellow opportunity to adopt the Shaheen appeared in the Des Moines Register. Iowan, Jane Kelly, is a little strange— amendment. It would have funded the Here is what she said: authorization that we are now talking a little odd—because it was Senator Refusal to abide by the tenants of our Con- about. GRASSLEY who strongly supported stitution, and confirm a qualified candidate My friend always talks about the $470 to the Supreme Court, is a violation of our Judge Kelly and pushed her confirma- million. That has already been obli- common values. Your example to my chil- tion to the Eighth Circuit Court of Ap- gated. That was last year’s obligation dren is that it doesn’t really matter what the peals. Senator GRASSLEY says he will to take care of this issue. This author- rules say; if the stakes are high enough and preemptively reject Judge Kelly, or

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I have heard some pretty money. I don’t know why, but the De- gested: Delay, delay, delay. He is going outlandish claims by Mr. Trump on the partment of Defense and the commit- to great lengths to shut down voices campaign trail, but the fact that he tees on Capitol Hill bought it, and they who simply want to do their jobs. For would capture the hearts and minds of created the United Launch Alliance, or example, at the behest of the Repub- the Defense Appropriations Sub- ULA. It became a monopoly. These two lican leader, he met privately with Re- committee with his rhetoric is beyond merged corporations became a monop- publicans on the Judiciary Committee me. oly in launching satellites. You know and twisted his colleagues’ arms to Senator COCHRAN has been a Member what happens when you have monopoly sign a loyalty oath, promising to block of the Senate for many years. He is re- status? The costs go up dramatically, consideration of the President’s nomi- spected and has worked his way up to and that is exactly what happened. nees. That point has already been made be chairman of the full committee. I In the last 10 years, United Launch here and is a part of the RECORD. Next, have worked with him and found him Alliance has been a reliable partner he tried to move a committee markup to be an excellent partner. He is bipar- with the Department of Defense, and behind closed doors. When Democrats tisan and tries to make sure that we they have launched satellites and other objected, he canceled the meeting. He protect our Nation’s national defense. I things into space which have been crit- also used the Presiding Officer’s chair have never found him to be in the ical for national security. But because here on the floor to shut down debate thrall of Donald Trump, but that sug- they are a monopoly with no competi- on the Supreme Court vacancy, which gestion was made yesterday by the sen- tion, they became very expensive. is really unheard of, but he did it. ior Senator from Arizona. I will leave There are new entries in the market Time and again, the senior Senator it to the American people to judge the that are promising in terms of launch- from Iowa has followed the orders of wisdom or absurdity of that allegation. ing satellites, and one of them is the Republican leader and Donald I would like to take a moment to cor- SpaceX. SpaceX has matured into a Trump and sought to silence his critics rect the record on a few of the things company that can play an important role in the future of satellite launches. and shut the American people out of that the senior Senator from Arizona I noted this fact, and as chairman of the Senate’s business. Why? If the Sen- said. The issues involved are pretty the Defense Appropriations Sub- ator’s obstruction is truly supported by complex, but the crux of it comes down committee, I did something that is un- the Constitution and history, why to this: The senior Senator from Ari- usual by Capitol Hill standards. In Jan- wouldn’t he want to have a debate in zona is proposing to waste $1.5 billion— and perhaps as much as $5 billion—on a uary of 2014, I held a hearing. At the the open? Let’s debate it on the Senate same table I invited the CEO of United floor. President Obama’s nominee de- controversial proposal on how the De- partment of Defense and intelligence Launch Alliance and the CEO of serves a meeting, a hearing, and a vote. SpaceX to sit next to one another and The American people deserve a Senate agencies should launch national security satellites. In addition to costing testify. They answered questions about that honors the Constitution and pro- their capabilities and about the history vides its advice and consent on Su- billions of dollars—that is billions, not millions—the senior Senator from Ari- of space launch in the future. The com- preme Court nominees. mittee members asked them how they As Professor Carlson said, by refus- zona’s proposal is opposed by the Sec- retary of Defense, Ash Carter; the Di- could save money, and each of them re- ing to give President Obama’s nominee sponded. At the end of the hearing, I consideration, Senator GRASSLEY is rector of National Intelligence, James Clapper; the Under Secretary of De- suggested to each of the CEOs that robbing Iowans and Americans of their they propound up to 10 questions to the fense, Frank Kendall; and the Sec- voice. Listening to the American peo- other CEO that they didn’t think were retary of the Air Force, Deborah ple is our job, and Senate Republicans covered in our hearing. I tried to make James. One would think that the sen- should do their job. this as open as possible and to invite a ior Senator from Arizona, who chairs Mr. President, what is the Senate new competitive spirit when it came to business today? the Defense Authorization Committee, these space launches. I think it was would note that it is unified opposition f constructive. from the Department of Defense to his It is also clear that there is another RESERVATION OF LEADER TIME ideas. Each of these individuals has ex- element in this issue that brought the pressed strong concern about the ideas The PRESIDING OFFICER. Under senior Senator from Arizona to the of the senior Senator from Arizona. the previous order, the leadership time floor. The United Launch Alliance has They have stated as clearly as they can is reserved. several engines that can take a sat- and as often as they can that what he ellite into space. The most economical f has in mind will harm our national se- one, the RD–180, is not built in Amer- MORNING BUSINESS curity. They have even stated it in the ica. It is built in Russia. Now, that has senior Senator’s committee hearings. become a major problem. Put Vladimir The PRESIDING OFFICER. Under He is either not listening, paying at- Putin and his adventurism to the side the previous order, the Senate will be tention, or refusing to agree. Neverthe- here. I have even joined with the senior in a period of morning business until less, all that I did, all that the Senate Senator from Arizona, condemning 11:15 a.m., with Senators permitted to has done last year with Senator COCH- what Putin has done in countries such speak therein for up to 10 minutes RAN on a bipartisan basis, was to listen as Georgia and Ukraine and his threats each. to our senior national security leaders to the Baltics and Poland. Put that The Senator from Illinois. while protecting taxpayers from wast- over to the side for a moment. It is f ing billions of dollars. best for us to make our own engines The matter generating all of this dis- when it comes to the launching of sat- NATIONAL SECURITY SATELLITE cussion is about competition for ellites for America’s national defense LAUNCHES launching defense satellites into space. and intelligence. We put millions of Mr. DURBIN. Mr. President, yester- Let me tell you at the outset that be- dollars in the appropriations bill to day the senior Senator from Arizona fore I came to the subcommittee, we incentivize the building of a new en- took to the floor to criticize the work made a terrible decision. About 10 gine so we can finally break away from of the Defense Appropriations Sub- years ago, the two leading competitors our dependence on this Russian RD–180 committee. I am honored to be on that for launching satellites into space were engine. For 2 years we have been put- subcommittee as the vice chairman two private companies, Boeing Aircraft ting that money in the bill.

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.004 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1400 CONGRESSIONAL RECORD — SENATE March 10, 2016 I am not opposed to competition. I The legislative clerk proceeded to have to do more than simply pass good favor competition. I favor an Amer- call the roll. legislation that will authorize policies ican-made engine. That is not the Mr. CASEY. Mr. President, I ask to better confront the challenge. That issue. Here is the problem: You can’t unanimous consent that the order for will not be enough. If we have in place just waive a wand or pass an appropria- the quorum call be rescinded. new programs, new approaches, and tion and recreate a new rocket engine. The PRESIDING OFFICER. Without new strategies, that is a measure of It can take up to 5 years. What will objection, it is so ordered. progress, but we can’t ask medical pro- happen in that 5-year period of time f fessionals to do more to treat addiction if they don’t have the resources. We while we in America are developing at COMPREHENSIVE ADDICTION AND cannot ask law enforcement to do more least one new American-made reliable RECOVERY BILL rocket engine? We will have to be de- if they don’t have the resources. pendent either on that Russian engine Mr. CASEY. Mr. President, I rise to Heroin overdose deaths have in- in transition or run the risk that we address an issue we are confronting in creased 244 percent from 2007 to 2013. In are not going to have any engines the Senate, and it is an issue folks in roughly a 6-year timeframe, heroin available when we desperately need Pennsylvania and across the country overdose deaths are up 244 percent. It is them for satellite launches. That is ex- are dealing with every day; that is, the hard to even comprehend that kind of actly what the Secretary of Defense opioid crisis. There are a lot of ways to increase of a death statistic—not just a has told the senior Senator from Ari- describe this crisis. I am pleased to be number but a number that indicates zona, and he just will not buy it. He able to talk about this issue with two the increase in the number of deaths. has said: We have to cut the cord and of my colleagues who will be following That alone should motivate us to do walk away from the Russian engines. me in succession after my remarks everything possible to do whatever it Here is something he can’t answer: have concluded. takes. Whatever authority, whatever NASA also uses engines to launch sat- This Senator wants to thank, in a policy, whatever dollars we need to in- ellites and people into space. Why particular way, Senator WHITEHOUSE, vest in this, we have to do that. There would we launch people into space? For Senator SHAHEEN, and our leadership are lots of other numbers, and some- the space station. How do we get those for bringing this issue to the forefront times you can get lost in reciting the folks up to the space station and bring within our caucus and here in the Sen- numbers. I will mention a few that are them home? On Russian rocket en- ate. I know the effort to pass the Com- relevant to Pennsylvania before I con- gines. prehensive Addiction and Recovery clude. If the senior Senator from Arizona Act—known by the acronym CARA—is In addition to just passing the CARA says that’s it, cold turkey, no more a bipartisan effort. I certainly appre- bill, we ought to focus on taking meas- Russian engines, what in the world is ciate that. urable steps to solve the crisis. We he going to do about NASA’s needs for In the case of Senator WHITEHOUSE, don’t want to just address the issue, this engine in supplying the space sta- he brings a deep reservoir of experience confront the challenge, we want to tion and making sure that the folks in as a Federal prosecutor, U.S. attorney, solve the crisis. It will not happen in 1 orbit can safely come home? He can’t as well as the attorney general of year, and it will not happen because of answer that question because the an- Rhode Island. He brings a law enforce- one bill or one policy, but we have to swer truly tells him the problem he is ment set of experience as well as his put every possible resource or tool on creating here. caring and concern about those who the table to actually solve the crisis. What we are trying to do is this: have addiction issues. We appreciate There are lots of ways to illustrate Transition to American-made engines. his leadership. Senator BROWN has the degree of the problem. I will talk I am for that. Create competition for worked on this for many years in the about a couple of communities in space launches in the future. I am for Senate and as a Member of the House Pennsylvania, just by way of example. that. And make sure we do it in a of Representatives. This is an issue The Washington Post—a great news- thoughtful, sensible way and not at the that confronts all of us in our States. paper here—went to Washington, PA. expense of America’s national defense, Our efforts have to be commensurate We have a county and city just below our national intelligence, or the future to match the severity of the problem. the city of Pittsburgh, just south of of our space program. We can work This week the Senate missed an im- Pittsburgh, Washington County and with the Senator from Arizona. I would portant opportunity to invest substan- the city of Washington. The Post went like to do that, but when he comes to tial resources in our Nation’s heroin there last summer and began to inter- the floor and suggests that all of us crisis. The amendment offered by Sen- view people at the local level. who oppose him are somehow cronies of ators SHAHEEN and WHITEHOUSE would In one of the more stunning statis- Vladimir Putin or marching to the or- have provided $600 million in emer- tics they found in their reporting, in 70 ders of Donald Trump, it doesn’t create gency funding to aid public health pro- minutes there were eight overdoses re- a very productive environment for con- fessionals and law enforcement, the lated to heroin—in this case not yet versation. two main segments of our society that deaths but overdoses. A newspaper Let’s do the right thing. Let’s work deal with the challenge of addiction on could track in 1 hour 10 minutes, eight together on an appropriations author- a daily basis. That amendment was de- overdoses in one community in one ization. Let’s put the Russian engines feated, and I think that was the wrong State. Then they tracked it over a 2- behind us in an orderly way, let’s cre- conclusion for the Senate and wrong day timeframe. In 48 hours there were ate the American engine, and let’s push for the country. 25 overdoses in Washington County, for competition. That is where I got While the Senate failed to act on this PA, and 3 deaths, in a 48-hour period. I started on this, and that is where I am amendment, there is no reason we cite that not just for the compelling today. shouldn’t find other opportunities to nature of those numbers but because of We need to listen to the experts—the invest in anti-heroin strategies or, ex- where it happened. This is not hap- experts at the Pentagon—who have pressed another way, strategies that pening in communities we used to told us repeatedly that to do this cold will lessen or reduce the likelihood think of as having a major heroin or turkey and to cut off the Russian en- that more people will be addicted to drug addiction problem. We tended to gines is, frankly, to jeopardize our na- some opioid which often leads to other think of it, at least in my lifetime, as tional defense, security, intelligence kinds of challenges such as heroin. It being an urban issue that big cities gathering, and even our space program. too often leads not just to the darkness have this problem and less so in small That is something I hope the senior of addiction but literally to the dark- towns, suburbs, and rural communities. Senator from Arizona can agree is an ness of death itself. We have some work In this case, this horror, this evil outcome which we should avoid. to do. knows no geographic or class bound- I yield the floor. We know we can pass the Comprehen- aries. It is happening in big cities and I suggest the absence of a quorum. sive Addiction and Recovery Act, the very small towns in Pennsylvania. It is The PRESIDING OFFICER (Mr. CARA Act, as I mentioned before. That happening in suburban communities, ROUNDS). The clerk will call the roll. is good, but it is not nearly enough. We high- and low-income communities and

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.005 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 10, 2016 CONGRESSIONAL RECORD — SENATE S1401 in middle-income communities. It is The PRESIDING OFFICER (Mrs. dent’s budget, and the President’s happening everywhere. There is no es- FISCHER). The time of the Senator has budget was issued even before the ap- caping it. expired. propriations measure came out of its If it is happening in places like Wash- Mr. CASEY. Madam President, I ask relevant subcommittee. So the Presi- ington County—the city of Wash- unanimous consent for 30 additional dent’s budget folks would have had to ington, PA, is not a big city but a mod- seconds. have been astonishing masters of pre- erate-sized city. Other parts of that The PRESIDING OFFICER. Without diction in order to put in money for county tend to be more rural, small objection, it is so ordered. programs that weren’t even law at that towns to rural. If it is happening there Mr. CASEY. It is an abiding obliga- time. in those kinds of numbers, in 70 min- tion that we must fulfill. We have to There has been considerable com- utes or 48 hours, overdoses and over- tackle this problem. We can’t do it mentary from the other side that there dose deaths, that gives you an indica- without resources. is funding for this, but what they over- tion of the gravity of the problem. I yield the floor. look is that, yes, there is funding for The Coroners Association in Pennsyl- The PRESIDING OFFICER. The Sen- these programs, but you would have to vania, which has to track the number ator from Rhode Island. take it away from other treatment and of deaths in their counties, reported Mr. WHITEHOUSE. Madam Presi- recovery programs to fund these. It that in just over a few years in Penn- dent, I am delighted to join Senator would be robbing Peter to pay Paul. sylvania, the number of deaths from CASEY of Pennsylvania and Senator Now, an argument could be made overdoses went from less than 50 to BROWN of Ohio on the floor this morn- that under this bill, Paul will be a hundreds of deaths in just a couple of ing to applaud what appears to be the more effective program than the pre- years. The gravity of this problem is imminent passage of the Comprehen- CARA Peter would have been, and, self-evident. sive Addiction and Recovery Act. So therefore, robbing Peter to pay Paul is It is not good enough to diagnose the far we have had less than a handful of a net good. But, please, let’s not pre- problem and recite statistics. We have votes against this bill at any stage tend there is money for this. to solve the crisis. There is no doubt through the voting on it, and I suspect If there is one indication of how this is a huge issue for the country. that some of those votes may have had there really isn’t new money for this, By not passing the funding that we to do with amendments and so forth. it is the fact that our friends on the tried to pass, we are missing a chance We might even do better than that on other side can’t agree on how much to support, for example, the substance final passage. money there is for this. Some Senators abuse prevention and treatment block I thank my cosponsors. This was not have said that there is $78 million for grant, the so-called SABG, or the SA a bill that was just dreamed up in back funding CARA. The majority leader has block grant. That is an existing pro- offices. We had five national seminars said there is $400 million to fund gram—an existing block grant pro- in Washington, bringing people in from CARA. The deputy majority leader has gram—that works. The only good news all around the country to share their said there is $517 million to fund here, in this debate about what policy experiences, to share their advice, to CARA. If the money were real, I sus- to put in place, is that local officials share their best practices, and to in- pect they could agree on the amount of know what they are doing. Addiction form the development of this bill. It it. I think the fact of the matter is and medical professionals know ex- has been years of work in the making. that there is no new money for this, actly what to do. They know exactly On our side of the aisle, Senator KLO- and the sooner we can get this funded, what works. They know exactly what BUCHAR has been an extremely valuable the sooner it will save lives. they need. What they are asking us for colleague. On the other side of the The second problem is that the is a little bit of policy or a significant aisle, Senator PORTMAN and Senator House, under Republican leadership, amount of policy, maybe. But they are AYOTTE were our coconspirators on this has taken no action on this bill. No also asking for research and resources, bill. I thank them and extend my ap- committee has taken it up and passed and we have to give those resources to preciation to all of them. it. So I take this opportunity to call on them. This truly is a comprehensive bill: the leadership here and in the House to I conclude with the following. We everything from at the point of over- put money where their proverbial know that good treatment works. All dose getting naloxone into the hands of mouth is to pass this bill, to get some the professionals tells us it works. We first responders so that lives can be funding behind it—Senator SHAHEEN’s know so much more today than we did saved; through the prescribing process measure would have been terrific—and 25 years ago about what works. We and the prescription drug monitoring to get some action out of their col- know that good treatment works. It process; through a whole variety of leagues in the House. If we pass it in takes a long time. There is no 90-day new treatment programs; and through the Senate and the House takes no ac- program here because it takes a lot intervention for people who are incar- tion, this will be a sham, and that will longer than that. So we know that for cerated and the prevention of incarcer- have been a shame. sure. There is no dispute about that. ation, particularly for our people in With that, I yield the floor for Sen- We also know that good treatment veterans courts and so forth, who can ator BROWN. costs money. You cannot just have be diverted out of the prison system The PRESIDING OFFICER. The Sen- good intentions here. through new means of treatment such ator from Ohio. Lifesaving overdose reversal drugs as medically assisted treatment that is Mr. BROWN. Thank you, Madam such as naloxone cost money. The good emerging as a very promising new President. Thank you to my colleagues news is we have a drug to reverse the strategy; and all the way, ultimately, for the terrific work they have done on adverse impact of an overdose, and yet to disposal of excess drugs. This truly such an important issue, which in my a lot of communities cannot afford to is a comprehensive bill. State sort of began in the most rural of get this very important drug called Its only faults are ones that the Re- the areas of the State and spread and naloxone, the so-called reversal drug as publican leadership are in a terrific po- spread and spread. This is the right some call it. sition to remedy, if they would. kind of comprehensive response for Intercepting drugs before they reach The first is that there is no addi- this, but as Senator WHITEHOUSE just our streets costs money. The worse this tional funding to support any of these said, it means real funding for CARA epidemic gets, the more these services new programs that I have described. and what we are doing. are in demand. The funding for the accounts in ques- I am pleased we are coming together So Congress—the Senate and the tion was determined months and in a bipartisan way overall, finally tak- House of Representatives—must pro- months and months ago in the Appro- ing action on the opioid epidemic that vide additional funding to make sure priations Committee before anybody is devastating communities across our local communities can meet the de- could know what this bill was going to country. mand. We know that investing in pro- look like on the floor. We know some of the statistics. More grams that treat addiction and save When the final deal was reached, the people died in my State than in the lives is an abiding obligation. numbers actually matched the Presi- country as a whole in 2015 from opioid

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.007 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1402 CONGRESSIONAL RECORD — SENATE March 10, 2016 overdoses rather than they did from to treatment, and it would provide sup- townhall meeting, and 88 percent of the auto accidents. We are experiencing a port for lifelong recovery, the kind of people of Wyoming agree with Senator record number of fatal overdoses. serious investment we need to back up GRASSLEY, agree with Senator ENZI and There is no State and probably county our rhetoric. with me about the next Supreme Court untouched by the scourge. In public health emergencies, we are Justice and giving the people a voice. We need to remember the human cost sometimes, somehow able to come up Democrats want to turn this all of addiction. In Warren, OH, a couple of with necessary money—swine flu, around into a fight on the Senate floor. weeks ago, there was middle-age Ebola, Zika virus. But addiction is not They want this to be a backroom deal woman who now has a child now in his a public health emergency. Addiction between the President and the special midtwenties who has suffered addiction is a public health problem, but one we interest groups. These are the groups for a dozen years, has been in and out need to fund in an ongoing way. You that are pushing the President to ap- and is doing better, and then falls can look at the spike in the number of point someone who will rule the way back. His family is affluent, so his deaths. You can conclude nothing else they want. But that is not what the treatment has been better than some. but that it is a long-term public health American people want. But she says that when there is an ad- problem. Too many lives have been de- The American people—and certainly diction, it afflicts the whole family. stroyed. Too many communities have the people in Wyoming—want this to Nobody is really exempt. been devastated. I am just puzzled why be a fight about what happens and In my State, 2,500 Ohio families in my colleagues won’t come up with $600 what they decide in the voting booth in one year lost a loved one to addiction. million for this very important public November. When an election is just Thousands more continued to struggle health program. It is time to get seri- months away, the people should be al- with opioid abuse or with a family ous. It is time to call it what it is—the lowed to consider possible Supreme member’s addiction. It is not an indi- public health crisis that demands real Court nominees as one factor in decid- vidual problem or a character flaw. It and immediate investment, not more ing whom they will support for Presi- is a chronic disease. Right now, it is empty rhetoric, not more empty ges- dent. This shouldn’t really even be con- placing an unbearable burden on fami- tures. troversial. Democrats in the past have come to lies and communities in our health I yield the floor. the floor, and they said it would be a care system. That is why we need to The PRESIDING OFFICER. The Sen- bad idea to let the President make a tackle this at the national level. ator from Wyoming. lifetime appointment in his last It is why I am encouraged to see us Mr. BARRASSO. Madam President, I months in office. In 1992 Senator JOE debate this Comprehensive Addiction ask unanimous consent to speak for up BIDEN came to the Senate floor to ex- and Recovery Act, or the CARA Act. to 10 minutes in morning business. plain his rule. He called it the Biden The ideas in this bill are an important The PRESIDING OFFICER. Without rule, and it had to do with Supreme first step in tackling the epidemic, but objection, it is so ordered. they are just the first step. On their Court nominations. f On the Senate floor, JOE BIDEN—now own they are not nearly enough to put the Vice President, former chairman of a dent in this epidemic. The initiatives FILLING THE SUPREME COURT VACANCY the Judiciary Committee—said that are going to mean very little—and here once the Presidential election is under- is the key point that both Senator Mr. BARRASSO. Madam President, I come to the floor today to talk about way—and I will tell you, Madam Presi- CASEY and Senator WHITEHOUSE made— dent, the Presidential election is un- what I have been hearing from people without additional funding to back derway—‘‘action on a Supreme Court in Wyoming about the issue of whether them up. nomination must be put off until after My colleagues Senator SHAHEEN of President Obama should nominate the the election campaign is over.’’ HITE next Supreme Court Justice. New Hampshire and Senator W - Those are the words of JOE BIDEN. This past last weekend, I was around HOUSE introduced an amendment that Senator BIDEN said that a temporary would have provided an additional $600 the State of Wyoming in Rock Springs, vacancy on the Court was ‘‘quite minor million to fight the opioid epidemic. in Rawlings, and in Casper and the compared to the cost that a nominee, That would be a serious commitment weekend before that, as well, in Casper, the President, the Senate, and our Na- in putting the ideas in this bill into Cheyenne, and Big Piney. I am hearing tion would have to pay for what as- place into action. the same thing from all around the suredly would be a bitter fight.’’ But my colleagues on the other side State of Wyoming. That is what Senator BIDEN at the of the aisle blocked this investment. What I am hearing is that President time was worried about. He was wor- Again, they want to do things on the Obama should not be the one to put an- ried that a bitter fight over a nominee cheap. They want to pass things to pat other nominee on the Supreme Court would do damage to the nominee and ourselves on the back but not provide and that it should come down to the to the Senate. He knew there would be the funding to actually accomplish people: Give the people a voice. That is Senators who would come to the floor things. It would block the investment what I am hearing back home. and try to politicize this process for in health professionals and commu- The chairman of the Judiciary Com- their own purposes, and we are seeing nities who are on the frontlines of this mittee, Senator GRASSLEY, is doing ex- the Democrats doing that right now. battle. actly what the people of Wyoming are He knew it because that is what Demo- You simply can’t do a roundtable insisting upon—the right thing. He is crats have done for years. with health professionals and people doing the right thing by insisting that This is politics as usual for the working toward recovery and families the American people decide. I think Democrats. It is the way they tend to affected by it without hearing from Senator GRASSLEY is doing a great live their lives here on the Senate them. They need resources locally. The service to this body, to the American floor—talking this way. It is exactly States aren’t coming up with it ade- people, and also to whomever the next what Democrats did when Robert Bork quately. They need resources, and they President nominates for the Supreme was nominated to serve on the Su- need real investment in prevention pro- Court. preme Court. So Vice President BIDEN, grams. We need real investment in On Monday, after traveling around former Senator BIDEN, understands it treatment options to help patients not the State of Wyoming, Senator ENZI, completely. It is what they did when just get cured and get clean but stay who had also traveled around the State Miguel Estrada was nominated to the clean. of Wyoming this past weekend, and I circuit court. It is what Democrats did Earlier this year, I introduced the jointly held a telephone townhall when Samuel Alito was nominated to Heroin and Prescription Drug Abuse meeting. Folks at home are very famil- the Supreme Court. Democrats in the Prevention and Reduction Act with my iar with these. We do these just about Senate even filibustered Justice Alito colleague Senator BALDWIN of Wis- every month. We have a chance to visit when he was the nominee. They did ev- consin. Our bill would boost prevention with people about what is on their erything they could to slander good, efforts that would improve tools for mind. Then there is a little way you qualified people to try to score polit- crisis response. It would expand access can do a poll during that telephone ical points. It is what they do.

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.009 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 10, 2016 CONGRESSIONAL RECORD — SENATE S1403 Well, there is no need for us to have sume consideration of S. 524, which the my colleagues on this side of the aisle, this bitter political fight that JOE clerk will report. and I think to objective observers, that BIDEN worried about. Republicans have The legislative clerk read as follows: what has ensued over the last week or said there should not be a bitter polit- A bill (S. 524) to authorize the Attorney two has been a concerted effort to im- ical fight. We have called on the Presi- General to award grants to address the na- pugn the reputation and honor of the dent to spare the country this fight. tional epidemics of prescription opioid abuse chairman of the Judiciary Committee, The best way to avoid the fight is to and heroin use. the distinguished Senator from Iowa, agree to let the people decide. Give the The PRESIDING OFFICER. Under Mr. GRASSLEY. people a voice, and let the next Presi- the previous order, the time until 11:30 I would just suggest to my colleagues dent put forth the nomination. That is a.m. will be equally divided between on both sides of the aisle and particu- certainly what the people of Wyoming the two managers or their designees. larly to my friend the distinguished want us to do. It is what I heard, along The Senator from Mississippi. minority leader that in reviewing some with Senator ENZI, on the telephone FILLING THE SUPREME COURT VACANCY of the statements that have been made townhall meeting this past Monday, Mr. WICKER. Madam President, I un- on this floor—and I have them in my and that is what I heard as I traveled derstand we are on the bill, but there hand, although I will not read them around the State of Wyoming the past are no speakers presently here, so I again to the Chair because they are in several weekends. I will be back in Wy- would like to address the Chair and my the RECORD—particularly those state- oming this weekend, and I expect to colleagues for a few moments about the ments coming from the very top lead- hear the same thing as I travel to Buf- matter my colleague from Wyoming ership of the other side of the aisle, falo to the health fair and to commu- was discussing just now, and that is the there has been statement after state- nities around the State. very serious matter of how we will fill ment that crosses the line, that is pro- That is what the American people are the vacancy of Justice Scalia. hibited under the rules. It is a breach I want to read to my colleagues a saying: Give the people a voice. They of our rules to suggest about any other message I got from one of my constitu- are saying that a seat on the Supreme Senator motives unworthy or unbe- ents in Columbus, MS. As you can Court should not be just another polit- coming of a Senator. imagine, we have all received quite a ical payoff to score points in an elec- I hope we can continue this debate, bit of opinion from the people who put tion year. They are saying it should and certainly we will, but I hope we us in office, but I think this con- not be a decision for a lameduck Presi- will confine it to the merits of the stituent really hits it on the head when dent with one foot out the door. It is issue, and there are merits on both she says: ‘‘The next appointment is too important for that. sides. This is not the place to conduct probably the most crucial in our his- The Supreme Court is functioning an election or reelection campaign— just fine with eight Justices right now. tory and will have ramifications on future generations.’’ the floor of the Senate is not that That is not me saying it; it is the Jus- place—and it seems to me that in re- tices of the Supreme Court saying the I really agree with that, and I think it is such a profound decision that we cent days that line has been crossed same thing. Since Justice Scalia died and crossed repeatedly. last month, the Court has heard oral ought to feel comfortable, as the Sen- ator from Wyoming just said, in letting I will get back to my original point. arguments in 10 cases. They have re- We are prepared to let the American leased written opinions in five cases. the people decide. We are in the midst of a great debate about the direction people speak on this issue, and it is of They have scheduled more cases for the vital importance not just for the next 4 rest of the term, and they are doing our country will take, the executive branch will take, over the next 4 and years but perhaps for the next decade, their jobs. That is exactly what Justice two decades, or three decades. And I Breyer said they would do. He is a lib- possibly 8 years. would ask us to dial the rhetoric back, eral Supreme Court Justice who was The Court has been relatively bal- dial the heat back, and stay on the appointed by President Bill Clinton. anced, with a slight 5–4 tilt toward the A reporter asked Justice Breyer conservative side. Clearly there is an issues. We are comfortable making the about the death of Justice Scalia, and effort in this city and on the part of case that this is a decision that should he said: ‘‘We’ll miss him, but we’ll do some of my friends on the other side of be left to the American people. I thank the Chair for giving me the our work.’’ He said: ‘‘For the most the aisle to shift that balance. I think time. part, it will not change.’’ it is reasonable to conclude, with so Mr. GRASSLEY. Madam President, I So there is no urgency to fill this va- much involved and with the ramifica- want to take a few minutes to describe cancy on the Supreme Court right now. tions on future generations, as my con- the funding that my substitute amend- There is no danger in waiting for the stituent has said, that it is very appro- ment for S. 524, the Comprehensive Ad- next President to act. There is tremen- priate that this be a matter of debate diction and Recovery Act of 2016, is in- dous danger, however, if we rush in this Presidential election and, tended to authorize. through a nomination in the last few frankly, in the Senate elections also. Section 202 of the amendment au- months of a Presidential election, to And I realize there is a lot of heat and thorizes SAMHSA’s grants to prevent the nominee, to the Senate, and to the light on this issue, but I would simply prescription drug/opioid overdose-re- Nation, just as JOE BIDEN said 24 years suggest that we are on the right track lated deaths. These grants were appro- ago. The stakes are very high, too high in letting the American people speak priated $12 million in H.R. 2029, the to let that happen. to this. The people are telling us what they There is another matter in this re- Consolidated Appropriations Act of want. Eighty-eight percent of the peo- gard that I have been reluctant to 2016. The specific appropriating lan- ple in Wyoming involved in our tele- bring to the attention of my colleagues guage is located on page 50 of the De- phone townhall meeting on Monday until today, but I think it has gotten partments of Labor, Health and Human said exactly that: Give the people a to the point where we need to be re- Services, and Education report to H.R. voice. We must let the people decide. minded that there are rules of decorum 2029. Madam President, I yield the floor. that apply to this debate and to all de- Section 204 authorizes the COPS bates we have on the Senate floor. I Anti-Heroin Task Force and Anti- f would direct the Chair’s attention and Methamphetamine Task Force. These CONCLUSION OF MORNING the attention of my colleagues to rule two task forces were appropriated $7 BUSINESS XIX of the Standing Rules of the Sen- million each in H.R. 2029, for a total of The PRESIDING OFFICER. Morning ate. Paragraph 2 of that rule states: $14 million. The specific appropriating business is closed. ‘‘No Senator in debate shall, directly language is located in paragraphs three f or indirectly, by any form of words im- and four under the section entitled pute to another Senator or to other ‘‘Community Oriented Policing Serv- COMPREHENSIVE ADDICTION AND Senators any conduct or motive unwor- ices’’, on page 70 of H.R. 2029. RECOVERY ACT OF 2015 thy or unbecoming a Senator.’’ Section 301 authorizes SAMHSA’s The PRESIDING OFFICER. Under I read that paragraph in its entirety grants for targeted capacity expan- the previous order, the Senate will re- because it is quite obvious to me, to sion—medicated assisted treatments.

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.010 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1404 CONGRESSIONAL RECORD — SENATE March 10, 2016 Grants under this program were appro- [Rollcall Vote No. 34 Leg.] Sec. 402. National Task Force on Recovery priated $25 million in H.R. 2029. The YEAS—94 and Collateral Consequences. specific appropriating language for this Alexander Fischer Murray TITLE V—ADDICTION AND TREATMENT program is located in the Departments Ayotte Flake Nelson SERVICES FOR WOMEN, FAMILIES, AND of Labor, Health and Human Services, Baldwin Franken Paul VETERANS Barrasso Gardner and Education report to H.R. 2029, on Perdue Sec. 501. Improving treatment for pregnant Bennet Gillibrand Peters and postpartum women. page 47. Blumenthal Graham Portman Sec. 502. Report on grants for family-based Section 501 authorizes SAMHSA’s Blunt Grassley Reed substance abuse treatment. Booker Hatch Reid Services Grant Program for Residen- Boozman Heinrich Sec. 503. Veterans’ treatment courts. Risch Boxer Heitkamp TITLE VI—INCENTIVIZING STATE COM- tial Treatment for Pregnant & Roberts Brown Heller PREHENSIVE INITIATIVES TO AD- Postpartum Women. This grant pro- Rounds Burr Hirono DRESS PRESCRIPTION OPIOID AND gram was appropriated $15.9 million in Schatz Cantwell Hoeven HEROIN ABUSE H.R. 2029. The specific appropriating Capito Inhofe Schumer Sec. 601. State demonstration grants for language for this program is located in Cardin Isakson Scott Carper Johnson Sessions comprehensive opioid abuse re- the Departments of Labor, Health and Casey Kaine Shaheen sponse. Human Services, and Education report Cassidy King Shelby TITLE VII—MISCELLANEOUS to H.R. 2029, on page 46. Coats Kirk Stabenow Sec. 701. GAO report on IMD exclusion. Cochran Klobuchar Sullivan Sec. 702. Funding. Finally, some of the other sections in Collins Lankford Tester CARA are being authorized through 42 Coons Leahy Sec. 703. Conforming amendments. Thune Sec. 704. Grant accountability. U.S.C. section 3797cc, which was appro- Corker Manchin Tillis Cornyn Markey Sec. 705. Programs to prevent prescription priated $11 million in H.R. 2029. The Toomey drug abuse under the Medicare Cotton McCain Udall specific appropriating language is lo- program. Crapo McConnell Vitter Daines cated in paragraph one under the sec- Menendez Warner TITLE VIII—TRANSNATIONAL DRUG Donnelly Merkley tion entitled ‘‘Community Oriented Po- Warren TRAFFICKING ACT Durbin Mikulski Whitehouse licing Services’’, on page 69 of H.R. Enzi Moran Sec. 801. Short title. 2029. Therefore, the managers’ amend- Ernst Murkowski Wicker Sec. 802. Possession, manufacture or dis- ment authorizes a total of $77.9 million Feinstein Murphy Wyden tribution for purposes of unlawful importations. in total. NAYS—1 Sec. 803. Trafficking in counterfeit goods or Mr. WICKER. Madam President, I Sasse services. suggest the absence of a quorum. NOT VOTING—5 SEC. 2. FINDINGS. The PRESIDING OFFICER. The Congress finds the following: Cruz McCaskill Sanders (1) The abuse of heroin and prescription clerk will call the roll. Lee Rubio opioid painkillers is having a devastating ef- The bill clerk proceeded to call the The bill (S. 524), as amended, was fect on public health and safety in commu- roll. passed, as follows: nities across the United States. According to Mr. COTTON. Madam President, I S. 524 the Centers for Disease Control and Preven- tion, drug overdose deaths now surpass traf- ask unanimous consent that the order Be it enacted by the Senate and House of Rep- fic accidents in the number of deaths caused for the quorum call be rescinded. resentatives of the United States of America in by injury in the United States. In 2014, an av- The PRESIDING OFFICER. Without Congress assembled, erage of more than 120 people in the United objection, it is so ordered. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. States died from drug overdoses every day. (a) SHORT TITLE.—This Act may be cited as Mr. COTTON. I yield back. (2) According to the National Institute on the ‘‘Comprehensive Addiction and Recovery Drug Abuse (commonly known as ‘‘NIDA’’), The PRESIDING OFFICER. Under Act of 2016’’. the number of prescriptions for opioids in- the previous order, all postcloture time (b) TABLE OF CONTENTS.—The table of con- creased from approximately 76,000,000 in 1991 has expired. tents for this Act is as follows: to nearly 207,000,000 in 2013, and the United The bill was ordered to be engrossed Sec. 1. Short title; table of contents. States is the biggest consumer of opioids for a third reading and was read the Sec. 2. Findings. globally, accounting for almost 100 percent Sec. 3. Definitions. third time. of the world total for hydrocodone and 81 TITLE I—PREVENTION AND EDUCATION percent for oxycodone. The PRESIDING OFFICER. The bill Sec. 101. Development of best practices for (3) Opioid pain relievers are the most wide- having been read the third time, the the prescribing of prescription ly misused or abused controlled prescription question is, Shall it pass? opioids. drugs (commonly referred to as ‘‘CPDs’’) and Ms. AYOTTE. I ask for the yeas and Sec. 102. Awareness campaigns. are involved in most CPD-related overdose nays. Sec. 103. Community-based coalition en- incidents. According to the Drug Abuse hancement grants to address Warning Network (commonly known as The PRESIDING OFFICER. Is there a local drug crises. ‘‘DAWN’’), the estimated number of emer- sufficient second? TITLE II—LAW ENFORCEMENT AND gency department visits involving nonmed- There appears to be a sufficient sec- TREATMENT ical use of prescription opiates or opioids increased by 112 percent between 2006 and 2010, ond. Sec. 201. Treatment alternative to incarcer- from 84,671 to 179,787. ation programs. The clerk will call the roll. (4) The use of heroin in the United States The bill clerk called the roll. Sec. 202. First responder training for the use of drugs and devices that rap- has also spiked sharply in recent years. Ac- Mr. CORNYN. The following Senators idly reverse the effects of cording to the most recent National Survey are necessarily absent: the Senator opioids. on Drug Use and Health, more than 900,000 people in the United States reported using from Texas (Mr. CRUZ), the Senator Sec. 203. Prescription drug take back expan- heroin in 2014, nearly a 35 percent increase from Utah (Mr. LEE), and the Senator sion. Sec. 204. Heroin and methamphetamine task from the previous year. Heroin overdose from Florida (Mr. RUBIO). forces. deaths more than tripled from 2010 to 2014. Further, if present and voting, the (5) The supply of cheap heroin available in TITLE III—TREATMENT AND RECOVERY Senator from Utah (Mr. LEE) would the United States has increased dramatically Sec. 301. Evidence-based prescription opioid have voted ‘‘nay.’’ as well, largely due to the activity of Mexi- and heroin treatment and inter- can drug trafficking organizations. The Drug Mr. DURBIN. I announce that the ventions demonstration. Enforcement Administration (commonly Senator from Missouri (Mrs. MCCAS- Sec. 302. Criminal justice medication as- known as the ‘‘DEA’’) estimates that heroin KILL) and the Senator from Vermont sisted treatment and interven- seizures at the Mexican border have more (Mr. SANDERS) are necessarily absent. tions demonstration. than doubled since 2010, and heroin produc- Sec. 303. National youth recovery initiative. tion in Mexico increased 62 percent from 2013 The PRESIDING OFFICER. Are there Sec. 304. Building communities of recovery. any other Senators in the Chamber de- to 2014. While only 8 percent of State and TITLE IV—ADDRESSING COLLATERAL local law enforcement officials across the siring to vote? CONSEQUENCES United States identified heroin as the great- The result was announced—yeas 94, Sec. 401. Correctional education demonstra- est drug threat in their area in 2008, that nays 1, as follows: tion grant program. number rose to 38 percent in 2015.

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.006 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 10, 2016 CONGRESSIONAL RECORD — SENATE S1405 (6) Law enforcement officials and treat- and social problems of each individual. Dif- (E) the Drug Enforcement Administration; ment experts throughout the country report ferent types of medications may be useful at (F) the Centers for Disease Control and that many people who have misused pre- different stages of treatment or recovery to Prevention; scription opioids have turned to heroin as a help a patient stop using drugs, stay in (G) the National Academy of Medicine; cheaper or more easily obtained alternative treatment, and avoid relapse. Patients have (H) the National Institutes of Health; to prescription opioids. a range of options regarding their path to re- (I) the Office of National Drug Control Pol- (7) According to a report by the National covery and many have also successfully ad- icy; and Association of State Alcohol and Drug Abuse dressed drug abuse through the use of faith- (J) the Office of Rural Health Policy of the Directors (commonly referred to as based, holistic, or drug-free models. Department of Health and Human Services; ‘‘NASADAD’’), 37 States reported an increase (17) Individuals with mental illness, espe- (2) physicians, dentists, and nonphysician in admissions to treatment for heroin use cially severe mental illness, are at consider- prescribers; during the past 2 years, while admissions to ably higher risk for substance abuse than the (3) pharmacists; treatment for prescription opiates increased general population, and the presence of a (4) experts in the fields of pain research 500 percent from 2000 to 2012. mental illness complicates recovery from and addiction research; (8) Research indicates that combating the substance abuse. (5) representatives of— opioid crisis, including abuse of prescription (18) Rural communities are especially sus- (A) pain management professional organi- painkillers and, increasingly, heroin, re- ceptible to heroin and opioid abuse. Individ- zations; quires a multipronged approach that in- uals in rural counties have higher rates of (B) the mental health treatment commu- volves prevention, education, monitoring, drug poisoning deaths, including deaths from nity; law enforcement initiatives, reducing drug opioids. According to the American Journal (C) the addiction treatment community; diversion and the supply of illicit drugs, ex- of Public Health, ‘‘[O]pioid poisonings in (D) pain advocacy groups; and panding delivery of existing treatments (in- nonmetropolitan counties have increased at (E) groups with expertise around overdose cluding medication assisted treatments), ex- a rate greater than threefold the increase in reversal; and panding access to overdose medications and metropolitan counties.’’ According to a Feb- (6) other stakeholders, as the Secretary de- interventions, and the development of new ruary 19, 2016, report from the Maine Rural termines appropriate. medications for pain that can augment the Health Research Center, ‘‘[M]ultiple studies (d) DUTIES.—The task force shall— existing treatment arsenal. document a higher prevalence [of abuse] (1) not later than 180 days after the date on (9) Substance use disorders are a treatable among specific vulnerable rural populations, which the task force is convened under sub- disease. Discoveries in the science of addic- particularly among youth, women who are section (b), review, modify, and update, as tion have led to advances in the treatment of pregnant or experiencing partner violence, appropriate, best practices for pain manage- substance use disorders that help people stop and persons with co-occurring disorders.’’ ment (including chronic and acute pain) and abusing drugs and prescription medications SEC. 3. DEFINITIONS. prescribing pain medication, taking into and resume their productive lives. In this Act— consideration— (10) According to the National Survey on (1) the term ‘‘first responder’’ includes a (A) existing pain management research; Drug Use and Health, approximately firefighter, law enforcement officer, para- (B) recommendations from relevant con- 22,700,000 people in the United States needed ferences and existing relevant evidence- substance use disorder treatment in 2013, but medic, emergency medical technician, or based guidelines; only 2,500,000 people received it. Further- other individual (including an employee of a (C) ongoing efforts at the State and local more, current treatment services are not legally organized and recognized volunteer levels and by medical professional organiza- adequate to meet demand. According to a re- organization, whether compensated or not), tions to develop improved pain management port commissioned by the Substance Abuse who, in the course of professional duties, re- strategies, including consideration of alter- and Mental Health Services Administration sponds to fire, medical, hazardous material, natives to opioids to reduce opioid (commonly known as ‘‘SAMHSA’’), there are or other similar emergencies; monotherapy in appropriate cases; approximately 32 providers for every 1,000 in- (2) the term ‘‘medication assisted treat- (D) the management of high-risk popu- dividuals needing substance use disorder ment’’ means the use, for problems relating lations, other than populations who suffer treatment. In some States, the ratio is much to heroin and other opioids, of medications lower. approved by the Food and Drug Administra- pain, who— (11) The overall cost of drug abuse, from tion in combination with counseling and be- (i) may use or be prescribed health care- and criminal justice-related havioral therapies; benzodiazepines, alcohol, and diverted costs to lost productivity, is steep, totaling (3) the term ‘‘opioid’’ means any drug hav- opioids; or more than $700,000,000,000 a year, according ing an addiction-forming or addiction-sus- (ii) receive opioids in the course of medical to NIDA. Effective substance abuse preven- taining liability similar to morphine or care; and tion can yield major economic dividends. being capable of conversion into a drug hav- (E) the Proposed 2016 Guideline for Pre- (12) According to NIDA, when schools and ing such addiction-forming or addiction-sus- scribing Opioids for Chronic Pain issued by communities properly implement science- taining liability; and the Centers for Disease Control and Preven- validated substance abuse prevention pro- (4) the term ‘‘State’’ means any State of tion (80 Fed. Reg. 77351 (December 14, 2015)) grams, abuse of alcohol, tobacco, and illicit the United States, the District of Columbia, and any final guidelines issued by the Cen- drugs is reduced. Such programs help teach- the Commonwealth of Puerto Rico, and any ters for Disease Control and Prevention; ers, parents, and healthcare professionals territory or possession of the United States. (2) solicit and take into consideration pub- shape the perceptions of youths about the TITLE I—PREVENTION AND EDUCATION lic comment on the practices developed risks of drug abuse. under paragraph (1), amending such best SEC. 101. DEVELOPMENT OF BEST PRACTICES practices if appropriate; and (13) Diverting certain individuals with sub- FOR THE PRESCRIBING OF PRE- stance use disorders from criminal justice SCRIPTION OPIOIDS. (3) develop a strategy for disseminating in- systems into community-based treatment (a) DEFINITIONS.—In this section— formation about the best practices to stake- can save billions of dollars and prevent size- (1) the term ‘‘Secretary’’ means the Sec- holders, as appropriate. able numbers of crimes, arrests, and re-in- retary of Health and Human Services; and (e) LIMITATION.—The task force shall not carcerations over the course of those individ- (2) the term ‘‘task force’’ means the Pain have rulemaking authority. uals’ lives. Management Best Practices Interagency (f) REPORT.—Not later than 270 days after (14) According to the DEA, more than 2,700 Task Force convened under subsection (b). the date on which the task force is convened tons of expired, unwanted prescription medi- (b) INTERAGENCY TASK FORCE.—Not later under subsection (b), the task force shall cations have been collected since the enact- than December 14, 2018, the Secretary, in co- submit to Congress a report that includes— ment of the Secure and Responsible Drug operation with the Secretary of Veterans Af- (1) the strategy for disseminating best Disposal Act of 2010 (Public Law 111–273; 124 fairs, the Secretary of Defense, and the Ad- practices for pain management (including Stat. 2858). ministrator of the Drug Enforcement Admin- chronic and acute pain) and prescribing pain (15) Faith-based, holistic, or drug-free mod- istration, shall convene a Pain Management medication, as reviewed, modified, or up- els can provide a critical path to successful Best Practices Interagency Task Force to re- dated under subsection (d); and recovery for a number of people in the view, modify, and update, as appropriate, (2) recommendations for effectively apply- United States. The 2015 membership survey best practices for pain management (including the best practices described in paragraph conducted by Alcoholics Anonymous (coming chronic and acute pain) and prescribing (1) to improve prescribing practices at med- monly known as ‘‘AA’’) found that 73 percent pain medication. ical facilities, including medical facilities of of AA members were sober longer than 1 year (c) MEMBERSHIP.—The task force shall be the Veterans Health Administration. and attended 2.5 meetings per week. comprised of— SEC. 102. AWARENESS CAMPAIGNS. (16) Research shows that combining treat- (1) representatives of— (a) IN GENERAL.—The Secretary of Health ment medications with behavioral therapy is (A) the Department of Health and Human and Human Services, in coordination with an effective way to facilitate success for Services; the Attorney General, shall advance the edu- some patients. Treatment approaches must (B) the Department of Veterans Affairs; cation and awareness of the public, pro- be tailored to address the drug abuse pat- (C) the Food and Drug Administration; viders, patients, consumers, and other appro- terns and drug-related medical, psychiatric, (D) the Department of Defense; priate entities regarding the risk of abuse of

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.019 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1406 CONGRESSIONAL RECORD — SENATE March 10, 2016 prescription opioid drugs if such products are the Office of National Drug Control Policy, plicable depending on the stage of the crimi- not taken as prescribed, including opioid and may make grants to eligible entities to im- nal justice process— methadone abuse. Such education and aware- plement comprehensive community-wide (i) the relevant law enforcement agency; ness campaigns shall include information on strategies that address local drug crises (ii) the prosecuting attorney; the dangers of opioid abuse, how to prevent within the area served by the eligible entity. (iii) the defense attorney; opioid abuse including through safe disposal ‘‘(c) APPLICATION.— (iv) the pretrial, probation, or correctional of prescription medications and other safety ‘‘(1) IN GENERAL.—An eligible entity seek- officer; precautions, and detection of early warning ing a grant under this section shall submit (v) the judge; and signs of addiction. an application to the Secretary at such time, (vi) a representative from the relevant (b) DRUG-FREE MEDIA CAMPAIGN.— in such manner, and accompanied by such in- mental health or substance abuse agency. (1) IN GENERAL.—The Office of National formation as the Secretary may require. (b) PROGRAM AUTHORIZED.—The Secretary Drug Control Policy, in coordination with ‘‘(2) CRITERIA.—As part of an application of Health and Human Services, in coordina- the Secretary of Health and Human Services for a grant under this section, the Secretary tion with the Attorney General, may make and the Attorney General, shall establish a shall require an eligible entity to submit a grants to eligible entities to— national drug awareness campaign. detailed, comprehensive, multisector plan (1) develop, implement, or expand a treat- (2) REQUIREMENTS.—The national drug for addressing the local drug crisis within ment alternative to incarceration program awareness campaign required under para- the area served by the eligible entity. for eligible participants, including— graph (1) shall— ‘‘(d) USE OF FUNDS.—An eligible entity (A) pre-booking, including pre-arrest, (A) take into account the association be- shall use a grant received under this sec- treatment alternative to incarceration pro- tween prescription opioid abuse and heroin tion— grams, including— use; ‘‘(1) for programs designed to implement (B) emphasize the similarities between her- (i) law enforcement training on substance comprehensive community-wide prevention use disorders and co-occurring mental illness oin and prescription opioids and the effects strategies to address the local drug crisis in of heroin and prescription opioids on the and substance use disorders; the area served by the eligible entity, in ac- (ii) receiving centers as alternatives to in- human body; and cordance with the plan submitted under sub- (C) bring greater public awareness to the carceration of eligible participants; section (c)(2); and (iii) specialized response units for calls re- dangerous effects of fentanyl when mixed ‘‘(2) to obtain specialized training and with heroin or abused in a similar manner. lated to substance use disorders and co-oc- technical assistance from the organization curring mental illness and substance use dis- SEC. 103. COMMUNITY-BASED COALITION EN- funded under section 4 of Public Law 107–82 HANCEMENT GRANTS TO ADDRESS orders; and LOCAL DRUG CRISES. (21 U.S.C. 1521 note). (iv) other pre-arrest or pre-booking treat- Part II of title I of the Omnibus Crime ‘‘(e) SUPPLEMENT NOT SUPPLANT.—An eligi- ment alternative to incarceration models; Control and Safe Streets Act of 1968 (42 ble entity shall use Federal funds received and U.S.C. 3797cc et seq.) is amended by striking under this section only to supplement the (B) post-booking treatment alternative to section 2997 and inserting the following: funds that would, in the absence of those incarceration programs, including— ‘‘SEC. 2997. COMMUNITY-BASED COALITION EN- Federal funds, be made available from other (i) specialized clinical case management; HANCEMENT GRANTS TO ADDRESS Federal and non-Federal sources for the ac- (ii) pretrial services related to substance LOCAL DRUG CRISES. tivities described in this section, and not to use disorders and co-occurring mental illness ‘‘(a) DEFINITIONS.—In this section— supplant those funds. and substance use disorders; ‘‘(1) the term ‘Drug-Free Communities Act ‘‘(f) EVALUATION.—A grant under this sec- (iii) prosecutor and defender based pro- of 1997’ means chapter 2 of the National Nar- tion shall be subject to the same evaluation grams; cotics Leadership Act of 1988 (21 U.S.C. 1521 requirements and procedures as the evalua- (iv) specialized probation; et seq.); tion requirements and procedures imposed (v) programs utilizing the American Soci- ‘‘(2) the term ‘eligible entity’ means an or- on the recipient of a grant under the Drug- ety of Addiction Medicine patient placement ganization that— Free Communities Act of 1997, and may also criteria; ‘‘(A) on or before the date of submitting an include an evaluation of the effectiveness at (vi) treatment and rehabilitation programs application for a grant under this section, re- reducing abuse of opioids, methadone, or and recovery support services; and ceives or has received a grant under the methamphetamines. (vii) drug courts, DWI courts, and veterans Drug-Free Communities Act of 1997; and ‘‘(g) LIMITATION ON ADMINISTRATIVE EX- treatment courts; and ‘‘(B) has documented, using local data, PENSES.—Not more than 8 percent of the (2) facilitate or enhance planning and col- rates of abuse of opioids or amounts made available to carry out this laboration between State criminal justice methamphetamines at levels that are— section for a fiscal year may be used by the systems and State substance abuse systems ‘‘(i) significantly higher than the national Secretary to pay for administrative ex- in order to more efficiently and effectively average as determined by the Secretary (in- penses.’’. carry out programs described in paragraph cluding appropriate consideration of the re- TITLE II—LAW ENFORCEMENT AND (1) that address problems related to the use sults of the Monitoring the Future Survey TREATMENT of heroin and misuse of prescription drugs published by the National Institute on Drug among eligible participants. Abuse and the National Survey on Drug Use SEC. 201. TREATMENT ALTERNATIVE TO INCAR- CERATION PROGRAMS. (c) APPLICATION.— and Health published by the Substance (a) DEFINITIONS.—In this section: (1) IN GENERAL.—An eligible entity seeking Abuse and Mental Health Services Adminis- tration); or (1) ELIGIBLE ENTITY.—The term ‘‘eligible a grant under this section shall submit an ‘‘(ii) higher than the national average, as entity’’ means a State, unit of local govern- application to the Secretary of Health and determined by the Secretary (including ap- ment, Indian tribe, or nonprofit organiza- Human Services— propriate consideration of the results of the tion. (A) that meets the criteria under para- surveys described in clause (i)), over a sus- (2) ELIGIBLE PARTICIPANT.—The term ‘‘eli- graph (2); and tained period of time; gible participant’’ means an individual who— (B) at such time, in such manner, and ac- ‘‘(3) the term ‘local drug crisis’ means, (A) comes into contact with the juvenile companied by such information as the Sec- with respect to the area served by an eligible justice system or criminal justice system or retary of Health and Human Services may entity— is arrested or charged with an offense that is require. ‘‘(A) a sudden increase in the abuse of not— (2) CRITERIA.—An eligible entity, in sub- opioids or methamphetamines, as docu- (i) a crime of violence, as defined under ap- mitting an application under paragraph (1), mented by local data; plicable State law or section 3156 of title 18, shall— ‘‘(B) the abuse of prescription medications, United States Code; or (A) provide extensive evidence of collabo- specifically opioids or methamphetamines, (ii) a serious drug offense, as defined under ration with State and local government that is significantly higher than the national section 924(e)(2)(A) of title 18, United States agencies overseeing health, community cor- average, over a sustained period of time, as Code; rections, courts, prosecution, substance documented by local data; or (B) has been screened by a qualified mental abuse, mental health, victims services, and ‘‘(C) a sudden increase in opioid-related health professional and determined to suffer employment services, and with local law en- deaths, as documented by local data; from a substance use disorder, or co-occur- forcement agencies; ‘‘(4) the term ‘opioid’ means any drug hav- ring mental illness and substance use dis- (B) demonstrate consultation with the Sin- ing an addiction-forming or addiction-sus- order, that there is a reasonable basis to be- gle State Authority for Substance Abuse (as taining liability similar to morphine or lieve is related to the commission of the of- defined in section 201(e) of the Second being capable of conversion into a drug hav- fense; and Chance Act of 2007 (42 U.S.C. 17521(e))); ing such addiction-forming or addiction-sus- (C) has been, after consideration of any po- (C) demonstrate consultation with the Sin- taining liability; and tential risk of violence to any person in the gle State criminal justice planning agency; ‘‘(5) the term ‘Secretary’ means the Sec- program or the public if the individual were (D) demonstrate that evidence-based treat- retary of Health and Human Services. selected to participate in the program, ment practices, including if applicable the ‘‘(b) PROGRAM AUTHORIZED.—The Sec- unanimously approved for participation in a use of medication assisted treatment, will be retary, in coordination with the Director of program funded under this section by, as ap- utilized; and

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.019 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 10, 2016 CONGRESSIONAL RECORD — SENATE S1407 (E) demonstrate that evidenced-based Federal and non-Federal sources for the ac- ‘‘(1) the terms ‘drug’ and ‘device’ have the screening and assessment tools will be uti- tivities described in this section, and not to meanings given those terms in section 201 of lized to place participants in the treatment supplant those funds. the Federal Food, Drug, and Cosmetic Act alternative to incarceration program. (g) GEOGRAPHIC DISTRIBUTION.—The Sec- (21 U.S.C. 321); (d) REQUIREMENTS.—Each eligible entity retary of Health and Human Services shall ‘‘(2) the term ‘eligible entity’ means a awarded a grant for a treatment alternative ensure that, to the extent practicable, the State, a unit of local government, or an In- to incarceration program under this section geographical distribution of grants under dian tribal government; shall— this section is equitable and includes a grant ‘‘(3) the term ‘first responder’ includes a (1) determine the terms and conditions of to an eligible entity in— firefighter, law enforcement officer, para- participation in the program by eligible par- (1) each State; medic, emergency medical technician, or ticipants, taking into consideration the col- (2) rural, suburban, and urban areas; and other individual (including an employee of a lateral consequences of an arrest, prosecu- (3) tribal jurisdictions. legally organized and recognized volunteer tion, or criminal conviction; (h) PRIORITY CONSIDERATION WITH RESPECT organization, whether compensated or not), (2) ensure that each substance abuse and TO STATES.—In awarding grants to States who, in the course of professional duties, re- mental health treatment component is li- under this section, the Secretary of Health sponds to fire, medical, hazardous material, censed and qualified by the relevant jurisdic- and Human Services shall give priority to— or other similar emergencies; tion; (1) a State that submits a joint application ‘‘(4) the term ‘opioid’ means any drug hav- (3) for programs described in subsection from the substance abuse agencies and ing an addiction-forming or addiction-sus- (b)(2), organize an enforcement unit com- criminal justice agencies of the State that taining liability similar to morphine or prised of appropriately trained law enforce- proposes to use grant funds to facilitate or being capable of conversion into a drug hav- ment professionals under the supervision of enhance planning and collaboration between ing such addiction-forming or addiction-sus- the State, tribal, or local criminal justice the agencies, including coordination to bet- taining liability; and agency involved, the duties of which shall inter address the needs of incarcerated popu- ‘‘(5) the term ‘Secretary’ means the Sec- clude— lations; and retary of Health and Human Services. (A) the verification of addresses and other (2) a State that— ‘‘(b) PROGRAM AUTHORIZED.—The Sec- contacts of each eligible participant who (A) provides civil liability protection for retary, in coordination with the Attorney participates or desires to participate in the first responders, health professionals, and General, may make grants to eligible enti- program; and family members who have received appro- ties to allow appropriately trained first re- (B) if necessary, the location, apprehen- priate training in the administration of sponders to administer an opioid overdose re- sion, arrest, and return to court of an eligi- naloxone in administering naloxone to coun- versal drug to an individual who has— ble participant in the program who has ab- teract opioid overdoses; and ‘‘(1) experienced a prescription opioid or sconded from the facility of a treatment pro- (B) submits to the Secretary a certifi- heroin overdose; or vider or has otherwise violated the terms cation by the attorney general of the State ‘‘(2) been determined to have likely experi- and conditions of the program, consistent that the attorney general has— enced a prescription opioid or heroin over- with Federal and State confidentiality re- (i) reviewed any applicable civil liability dose. quirements; protection law to determine the applica- ‘‘(c) APPLICATION.— (4) notify the relevant criminal justice en- bility of the law with respect to first re- ‘‘(1) IN GENERAL.—An eligible entity seek- tity if any eligible participant in the pro- sponders, health care professionals, family ing a grant under this section shall submit gram absconds from the facility of the treat- members, and other individuals who— an application to the Secretary— ment provider or otherwise violates the (I) have received appropriate training in ‘‘(A) that meets the criteria under para- terms and conditions of the program, con- the administration of naloxone; and graph (2); and sistent with Federal and State confiden- (II) may administer naloxone to individ- ‘‘(B) at such time, in such manner, and ac- tiality requirements; uals reasonably believed to be suffering from companied by such information as the Sec- (5) submit periodic reports on the progress opioid overdose; and retary may require. of treatment or other measured outcomes (ii) concluded that the law described in ‘‘(2) CRITERIA.—An eligible entity, in sub- from participation in the program of each el- subparagraph (A) provides adequate civil li- mitting an application under paragraph (1), igible participant in the program to the rel- ability protection applicable to such persons. shall— evant State, tribal, or local criminal justice (i) REPORTS AND EVALUATIONS.— ‘‘(A) describe the evidence-based method- agency; (1) IN GENERAL.—Each fiscal year, each re- ology and outcome measurements that will (6) describe the evidence-based method- cipient of a grant under this section during be used to evaluate the program funded with ology and outcome measurements that will that fiscal year shall submit to the Sec- a grant under this section, and specifically be used to evaluate the program, and specifi- retary of Health and Human Services a re- explain how such measurements will provide cally explain how such measurements will port on the outcomes of activities carried valid measures of the impact of the program; provide valid measures of the impact of the out using that grant in such form, con- ‘‘(B) describe how the program could be program; and taining such information, and on such dates broadly replicated if demonstrated to be ef- (7) describe how the program could be as the Secretary of Health and Human Serv- fective; broadly replicated if demonstrated to be ef- ices shall specify. ‘‘(C) identify the governmental and com- fective. (2) CONTENTS.—A report submitted under munity agencies that the program will co- (e) USE OF FUNDS.—An eligible entity shall paragraph (1) shall— ordinate; and use a grant received under this section for (A) describe best practices for treatment ‘‘(D) describe how law enforcement agen- expenses of a treatment alternative to incar- alternatives; and cies will coordinate with their corresponding ceration program, including— (B) identify training requirements for law State substance abuse and mental health (1) salaries, personnel costs, equipment enforcement officers who participate in agencies to identify protocols and resources costs, and other costs directly related to the treatment alternative to incarceration pro- that are available to overdose victims and operation of the program, including the en- grams. families, including information on treatment forcement unit; (j) FUNDING.—During the 5-year period be- and recovery resources. (2) payments for treatment providers that ginning on the date of enactment of this Act, ‘‘(d) USE OF FUNDS.—An eligible entity are approved by the relevant State or tribal the Secretary of Health and Human Services shall use a grant received under this section jurisdiction and licensed, if necessary, to may carry out this section using not more to— provide needed treatment to eligible partici- than $5,000,000 each fiscal year of amounts ‘‘(1) make such opioid overdose reversal pants in the program, including medication appropriated to the Substance Abuse and drugs or devices that are approved by the assisted treatment, aftercare supervision, Mental Health Services Administration for Food and Drug Administration, such as vocational training, education, and job Criminal Justice Activities. No additional naloxone, available to be carried and admin- placement; funds are authorized to be appropriated to istered by first responders; carry out this section. (3) payments to public and nonprofit pri- ‘‘(2) train and provide resources for first re- vate entities that are approved by the State SEC. 202. FIRST RESPONDER TRAINING FOR THE sponders on carrying an opioid overdose re- USE OF DRUGS AND DEVICES THAT or tribal jurisdiction and licensed, if nec- versal drug or device approved by the Food RAPIDLY REVERSE THE EFFECTS OF and Drug Administration, such as naloxone, essary, to provide alcohol and drug addiction OPIOIDS. treatment and mental health treatment to Part II of title I of the Omnibus Crime and administering the drug or device to an eligible participants in the program; and Control and Safe Streets Act of 1968 (42 individual who has experienced, or has been (4) salaries, personnel costs, and other U.S.C. 3797cc et seq.), as amended by section determined to have likely experienced, a pre- costs related to strategic planning among 103, is amended by adding at the end the fol- scription opioid or heroin overdose; and State and local government agencies. lowing: ‘‘(3) establish processes, protocols, and (f) SUPPLEMENT NOT SUPPLANT.—An eligi- ‘‘SEC. 2998. FIRST RESPONDER TRAINING FOR mechanisms for referral to appropriate ble entity shall use Federal funds received THE USE OF DRUGS AND DEVICES treatment, which may include an outreach under this section only to supplement the THAT RAPIDLY REVERSE THE EF- coordinator or team to connect individuals funds that would, in the absence of those FECTS OF OPIOIDS. receiving opioid overdose reversal drugs to Federal funds, be made available from other ‘‘(a) DEFINITION.—In this section— follow-up services.

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‘‘(e) TECHNICAL ASSISTANCE GRANTS.—The ‘‘(1) to locate or investigate illicit activi- ‘‘(d) ADDITIONAL ACTIVITIES.—In admin- Secretary shall make a grant for the purpose ties through statewide collaboration, includ- istering grants under subsection (b), the Sec- of providing technical assistance and training activities related to— retary shall— ing on the use of an opioid overdose reversal ‘‘(A) the distribution of heroin or fentanyl, ‘‘(1) evaluate the activities supported by drug, such as naloxone, to respond to an in- or the unlawful distribution of prescription grants awarded under subsection (b); dividual who has experienced, or has been de- opioids; or ‘‘(2) disseminate information, as appro- termined to have likely experienced, a pre- ‘‘(B) unlawful heroin, fentanyl, and pre- priate, derived from the evaluation as the scription opioid or heroin overdose, and scription opioid traffickers; and Secretary considers appropriate; mechanisms for referral to appropriate ‘‘(2) to locate or investigate illicit activi- ‘‘(3) provide States, Indian tribes and tribal treatment for an eligible entity receiving a ties, including precursor diversion, labora- organizations, and providers with technical grant under this section. tories, or methamphetamine traffickers.’’. assistance in connection with the provision of treatment of problems related to heroin ‘‘(f) EVALUATION.—The Secretary shall con- TITLE III—TREATMENT AND RECOVERY duct an evaluation of grants made under this and other opioids; and section to determine— SEC. 301. EVIDENCE-BASED PRESCRIPTION ‘‘(4) fund only those applications that spe- OPIOID AND HEROIN TREATMENT ‘‘(1) the number of first responders cifically support recovery services as a crit- AND INTERVENTIONS DEMONSTRA- ical component of the grant program.’’. equipped with naloxone, or another opioid TION. overdose reversal drug, for the prevention of Part II of title I of the Omnibus Crime SEC. 302. CRIMINAL JUSTICE MEDICATION AS- fatal opioid and heroin overdose; SISTED TREATMENT AND INTERVEN- Control and Safe Streets Act of 1968 (42 TIONS DEMONSTRATION. ‘‘(2) the number of opioid and heroin U.S.C. 3797cc et seq.), as amended by section overdoses reversed by first responders receiv- (a) DEFINITIONS.—In this section— 204, is amended by adding at the end the fol- (1) the term ‘‘criminal justice agency’’ ing training and supplies of naloxone, or an- lowing: means a State, local, or tribal— other opioid overdose reversal drug, through ‘‘SEC. 2999A. EVIDENCE-BASED PRESCRIPTION (A) court; a grant received under this section; OPIOID AND HEROIN TREATMENT (B) prison; ‘‘(3) the number of calls for service related AND INTERVENTIONS DEMONSTRA- (C) jail; or to opioid and heroin overdose; TION. (D) other agency that performs the admin- ‘‘(4) the extent to which overdose victims ‘‘(a) DEFINITIONS.—In this section— istration of criminal justice, including pros- and families receive information about ‘‘(1) the terms ‘Indian tribe’ and ‘tribal or- ecution, pretrial services, and community treatment services and available data de- ganization’ have the meaning given those supervision; scribing treatment admissions; and terms in section 4 of the Indian Health Care (2) the term ‘‘eligible entity’’ means a ‘‘(5) the research, training, and naloxone, Improvement Act (25 U.S.C. 1603)); State, unit of local government, or Indian or another opioid overdose reversal drug, ‘‘(2) the term ‘medication assisted treat- tribe; and supply needs of first responder agencies, in- ment’ means the use, for problems relating (3) the term ‘‘Secretary’’ means the Sec- cluding those agencies that are not receiving to heroin and other opioids, of medications retary of Health and Human Services. grants under this section. approved by the Food and Drug Administra- (b) PROGRAM AUTHORIZED.—The Secretary, ‘‘(g) RURAL AREAS WITH LIMITED ACCESS TO tion in combination with counseling and be- in coordination with the Attorney General, EMERGENCY MEDICAL SERVICES.—In making havioral therapies; may make grants to eligible entities to im- grants under this section, the Secretary ‘‘(3) the term ‘opioid’ means any drug hav- plement medication assisted treatment pro- shall ensure that not less than 25 percent of ing an addiction-forming or addiction-sus- grams through criminal justice agencies. grant funds are awarded to eligible entities taining liability similar to morphine or (c) APPLICATION.— that are not located in metropolitan statis- being capable of conversion into a drug hav- (1) IN GENERAL.—An eligible entity seeking tical areas, as defined by the Office of Man- ing such addiction-forming or addiction-sus- a grant under this section shall submit an agement and Budget.’’. taining liability; application to the Secretary— SEC. 203. PRESCRIPTION DRUG TAKE BACK EX- ‘‘(4) the term ‘Secretary’ means the Sec- (A) that meets the criteria under para- PANSION. retary of Health and Human Services; and graph (2); and (a) DEFINITION OF COVERED ENTITY.—In this ‘‘(5) the term ‘State substance abuse agen- (B) at such time, in such manner, and ac- section, the term ‘‘covered entity’’ means— cy’ means the agency of a State responsible companied by such information as the Sec- (1) a State, local, or tribal law enforcement for the State prevention, treatment, and re- retary may require. agency; covery system, including management of the (2) CRITERIA.—An eligible entity, in sub- (2) a manufacturer, distributor, or reverse Substance Abuse Prevention and Treatment mitting an application under paragraph (1), distributor of prescription medications; Block Grant under subpart II of part B of shall— (3) a retail pharmacy; title XIX of the Public Health Service Act (A) certify that each medication assisted (4) a registered narcotic treatment pro- (42 U.S.C. 300x–21 et seq.). treatment program funded with a grant gram; ‘‘(b) GRANTS.— under this section has been developed in con- (5) a hospital or clinic with an onsite phar- ‘‘(1) AUTHORITY TO MAKE GRANTS.—The Sec- sultation with the Single State Authority macy; retary, acting through the Director of the for Substance Abuse (as defined in section (6) an eligible long-term care facility; or Center for Substance Abuse Treatment of 201(e) of the Second Chance Act of 2007 (42 (7) any other entity authorized by the Drug the Substance Abuse and Mental Health U.S.C. 17521(e))); and Enforcement Administration to dispose of Services Administration, and in coordina- (B) describe how data will be collected and prescription medications. tion with the Attorney General and other de- analyzed to determine the effectiveness of (b) PROGRAM AUTHORIZED.—The Attorney partments or agencies, as appropriate, may the program described in subparagraph (A). (d) USE OF FUNDS.—An eligible entity shall General, in coordination with the Adminis- award grants to State substance abuse agen- trator of the Drug Enforcement Administra- use a grant received under this section for cies, units of local government, nonprofit or- expenses of— tion, the Secretary of Health and Human ganizations, and Indian tribes or tribal orga- Services, and the Director of the Office of (1) a medication assisted treatment pro- nizations that have a high rate, or have had gram, including the expenses of prescribing National Drug Control Policy, shall coordi- a rapid increase, in the use of heroin or other nate with covered entities in expanding or medications recognized by the Food and opioids, in order to permit such entities to Drug Administration for opioid treatment in making available disposal sites for unwanted expand activities, including an expansion in conjunction with psychological and behav- prescription medications. the availability of medication assisted treat- ioral therapy; SEC. 204. HEROIN AND METHAMPHETAMINE ment and other clinically appropriate serv- (2) training criminal justice agency per- TASK FORCES. ices, with respect to the treatment of addic- sonnel and treatment providers on medica- Part II of title I of the Omnibus Crime tion in the specific geographical areas of tion assisted treatment; Control and Safe Streets Act of 1968 (42 such entities where there is a high rate or (3) cross-training personnel providing be- U.S.C. 3797cc et seq.), as amended by section rapid increase in the use of heroin or other havioral health and health services, adminis- 202, is amended by adding at the end the fol- opioids. tration of medicines, and other administra- lowing: ‘‘(2) NATURE OF ACTIVITIES.—The grant tive expenses, including required reports; ‘‘SEC. 2999. HEROIN AND METHAMPHETAMINE funds awarded under paragraph (1) shall be and TASK FORCES. used for activities that are based on reliable (4) the provision of recovery coaches who ‘‘(a) DEFINITION OF OPIOID.—In this section, scientific evidence of efficacy in the treat- are responsible for providing mentorship and the term ‘opioid’ means any drug having an ment of problems related to heroin or other transition plans to individuals reentering so- addiction-forming or addiction-sustaining li- opioids. ciety following incarceration or alternatives ability similar to morphine or being capable ‘‘(c) GEOGRAPHIC DISTRIBUTION.—The Sec- to incarceration. of conversion into a drug having such addic- retary shall ensure that grants awarded (e) PRIORITY CONSIDERATION WITH RESPECT tion-forming or addiction-sustaining liabil- under subsection (b) are distributed equi- TO STATES.—In awarding grants to States ity. tably among the various regions of the under this section, the Secretary shall give ‘‘(b) AUTHORITY.—The Attorney General United States and among rural, urban, and priority to a State that— may make grants to State law enforcement suburban areas that are affected by the use (1) provides civil liability protection for agencies for investigative purposes— of heroin or other opioids. first responders, health professionals, and

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family members who have received appro- ‘‘(3) RECOVERY PROGRAM.—The term ‘recov- under this section may not exceed 50 per- priate training in the administration of ery program’— cent. naloxone in administering naloxone to coun- ‘‘(A) means a program to help individuals ‘‘(d) USE OF FUNDS.—Grants awarded under teract opioid overdoses; and who are recovering from substance use dis- subsection (b)— (2) submits to the Secretary a certification orders to initiate, stabilize, and maintain ‘‘(1) shall be used to develop, expand, and by the attorney general of the State that the healthy and productive lives in the commu- enhance community and statewide recovery attorney general has— nity; and support services; and (A) reviewed any applicable civil liability ‘‘(B) includes peer-to-peer support and ‘‘(2) may be used to— protection law to determine the applica- communal activities to build recovery skills ‘‘(A) advocate for individuals in recovery bility of the law with respect to first re- and supportive social networks. from substance use disorders; sponders, health care professionals, family ‘‘(b) GRANTS AUTHORIZED.—The Secretary ‘‘(B) build connections between recovery members, and other individuals who— of Health and Human Services, in coordina- networks, between recovery community or- (i) have received appropriate training in tion with the Secretary of Education, may ganizations, and with other recovery support the administration of naloxone; and award grants to eligible entities to enable services, including— (ii) may administer naloxone to individ- the entities to— ‘‘(i) substance use disorder treatment pro- uals reasonably believed to be suffering from ‘‘(1) provide substance use disorder recov- grams and systems; opioid overdose; and ery support services to young people in high ‘‘(ii) providers of mental health services; (B) concluded that the law described in school and enrolled in institutions of higher ‘‘(iii) primary care providers and physi- subparagraph (A) provides adequate civil li- education; cians; ability protection applicable to such persons. ‘‘(2) help build communities of support for ‘‘(iv) the criminal justice system; (f) TECHNICAL ASSISTANCE.—The Secretary, young people in recovery through a spectrum ‘‘(v) employers; in coordination with the Director of the Na- of activities such as counseling and health- ‘‘(vi) housing services; tional Institute on Drug Abuse and the At- and wellness-oriented social activities; and ‘‘(vii) child welfare agencies; and torney General, shall provide technical as- ‘‘(3) encourage initiatives designed to help ‘‘(viii) other recovery support services that sistance and training for an eligible entity young people achieve and sustain recovery facilitate recovery from substance use dis- receiving a grant under this section. from substance use disorders. orders; (g) REPORTS.— ‘‘(c) USE OF FUNDS.—Grants awarded under ‘‘(C) reduce the stigma associated with (1) IN GENERAL.—An eligible entity receiv- subsection (b) may be used for activities to substance use disorders; ing a grant under this section shall submit a develop, support, and maintain youth recov- ‘‘(D) conduct public education and out- report to the Secretary on the outcomes of ery support services, including— reach on issues relating to substance use dis- each grant received under this section for in- ‘‘(1) the development and maintenance of a orders and recovery, including— dividuals receiving medication assisted dedicated physical space for recovery pro- ‘‘(i) how to identify the signs of addiction; treatment, based on— grams; ‘‘(ii) the resources that are available to in- (A) the recidivism of the individuals; ‘‘(2) dedicated staff for the provision of re- dividuals struggling with addiction and fam- (B) the treatment outcomes of the individ- covery programs; ilies who have a family member struggling uals, including maintaining abstinence from ‘‘(3) health- and wellness-oriented social with or being treated for addiction, including illegal, unauthorized, and unprescribed or activities and community engagement; programs that mentor and provide support undispensed opioids and heroin; ‘‘(4) establishment of recovery high services to children; (C) a comparison of the cost of providing schools; ‘‘(iii) the resources that are available to medication assisted treatment to the cost of ‘‘(5) coordination of recovery programs help support individuals in recovery; and incarceration or other participation in the with— ‘‘(iv) information on the medical con- criminal justice system; ‘‘(A) substance use disorder treatment pro- sequences of substance use disorders, includ- (D) the housing status of the individuals; grams and systems; ing neonatal abstinence syndrome and poten- and ‘‘(B) providers of mental health services; tial infection with human immunodeficiency (E) the employment status of the individ- ‘‘(C) primary care providers and physi- virus and viral hepatitis; and uals. cians; ‘‘(E) carry out other activities that (2) CONTENTS AND TIMING.—Each report de- ‘‘(D) the criminal justice system, including strengthen the network of community sup- scribed in paragraph (1) shall be submitted the juvenile justice system; port for individuals in recovery.’’. annually in such form, containing such in- ‘‘(E) employers; TITLE IV—ADDRESSING COLLATERAL formation, and on such dates as the Sec- ‘‘(F) housing services; CONSEQUENCES retary shall specify. ‘‘(G) child welfare services; SEC. 401. CORRECTIONAL EDUCATION DEM- (h) FUNDING.—During the 5-year period be- ‘‘(H) high schools and institutions of high- ONSTRATION GRANT PROGRAM. ginning on the date of enactment of this Act, er education; and Part II of title I of the Omnibus Crime the Secretary may carry out this section ‘‘(I) other programs or services related to Control and Safe Streets Act of 1968 (42 using not more than $5,000,000 each fiscal the welfare of an individual in recovery from U.S.C. 3797cc et seq.), as amended by section year of amounts appropriated to the Sub- a substance use disorder; 304, is amended by adding at the end the fol- stance Abuse and Mental Health Services ‘‘(6) the development of peer-to-peer sup- lowing: Administration for Criminal Justice Activi- port programs or services; and ‘‘SEC. 2999D. CORRECTIONAL EDUCATION DEM- ties. No additional funds are authorized to be ‘‘(7) additional activities that help youths ONSTRATION GRANT PROGRAM. appropriated to carry out this section. and young adults to achieve recovery from ‘‘(a) DEFINITION.—In this section, the term SEC. 303. NATIONAL YOUTH RECOVERY INITIA- substance use disorders.’’. ‘eligible entity’ means a State, unit of local TIVE. SEC. 304. BUILDING COMMUNITIES OF RECOV- government, nonprofit organization, or In- Part II of title I of the Omnibus Crime ERY. dian tribe. Control and Safe Streets Act of 1968 (42 Part II of title I of the Omnibus Crime ‘‘(b) GRANT PROGRAM AUTHORIZED.—The U.S.C. 3797cc et seq.), as amended by section Control and Safe Streets Act of 1968 (42 Attorney General may make grants to eligi- 301, is amended by adding at the end the fol- U.S.C. 3797cc et seq.), as amended by section ble entities to design, implement, and ex- lowing: 303, is amended by adding at the end the fol- pand educational programs for offenders in ‘‘SEC. 2999B. NATIONAL YOUTH RECOVERY INI- lowing: prisons, jails, and juvenile facilities, includ- TIATIVE. ‘‘SEC. 2999C. BUILDING COMMUNITIES OF RECOV- ing to pay for— ‘‘(a) DEFINITIONS.—In this section: ERY. ‘‘(1) basic education, secondary level aca- ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible ‘‘(a) DEFINITION.—In this section, the term demic education, high school equivalency ex- entity’ means— ‘recovery community organization’ means an amination preparation, career technical edu- ‘‘(A) a high school that has been accredited independent nonprofit organization that— cation, and English language learner instruc- as a recovery high school by the Association ‘‘(1) mobilizes resources within and outside tion at the basic, secondary, or post-sec- of Recovery Schools; of the recovery community to increase the ondary levels, for adult and juvenile popu- ‘‘(B) an accredited high school that is seek- prevalence and quality of long-term recovery lations; ing to establish or expand recovery support from substance use disorders; and ‘‘(2) screening and assessment of inmates services; ‘‘(2) is wholly or principally governed by to assess education level and needs, occupa- ‘‘(C) an institution of higher education; people in recovery for substance use dis- tional interest or aptitude, risk level, and ‘‘(D) a recovery program at a nonprofit col- orders who reflect the community served. other needs, and case management services; legiate institution; or ‘‘(b) GRANTS AUTHORIZED.—The Secretary ‘‘(3) hiring and training of instructors and ‘‘(E) a nonprofit organization. of Health and Human Services may award aides, reimbursement of non-corrections ‘‘(2) INSTITUTION OF HIGHER EDUCATION.— grants to recovery community organizations staff and experts, reimbursement of stipends The term ‘institution of higher education’ to enable such organizations to develop, ex- paid to inmate tutors or aides, and the costs has the meaning given the term in section pand, and enhance recovery services. of training inmate tutors and aides; 101 of the Higher Education Act of 1965 (20 ‘‘(c) FEDERAL SHARE.—The Federal share of ‘‘(4) instructional supplies and equipment, U.S.C. 1001). the costs of a program funded by a grant including occupational program supplies and

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IMPROVING TREATMENT FOR PREG- ‘‘(6) certification programs providing recuse disorder (including by an administrative agency, official, or civil court ) as a result of NANT AND POSTPARTUM WOMEN. ognized high school equivalency certificates (a) IN GENERAL.—Section 508 of the Public a Federal or State conviction for a drug-re- and industry recognized credentials; and Health Service Act (42 U.S.C. 290bb–1) is lated offense but not as part of the judgment ‘‘(7) technology solutions to— amended— of the court that imposes the conviction. ‘‘(A) meet the instructional, assessment, (1) in subsection (a), by inserting ‘‘(referred (b) ESTABLISHMENT.— and information needs of correctional popu- to in this section as the ‘Director’)’’ after (1) IN GENERAL.—Not later than 30 days lations; and after the date of enactment of this Act, the ‘‘Director of the Center for Substance Abuse ‘‘(B) facilitate the continued participation Attorney General shall establish a bipartisan Treatment’’; and of incarcerated students in community-based task force to be known as the Task Force on (2) in subsection (p), in the first sentence— education programs after the students are Recovery and Collateral Consequences (in (A) by striking ‘‘Committee on Labor and released from incarceration. this section referred to as the ‘‘Task Human Resources’’ and inserting ‘‘Com- ‘‘(c) APPLICATION.—An eligible entity seek- Force’’). mittee on Health, Education, Labor, and ing a grant under this section shall submit Pensions’’; and (2) MEMBERSHIP.— to the Attorney General an application in (B) by inserting ‘‘(other than subsection (A) TOTAL NUMBER OF MEMBERS.—The Task such form and manner, at such time, and ac- Force shall include 10 members, who shall be (r))’’ after ‘‘this section’’. companied by such information as the Attor- (b) PILOT PROGRAM GRANTS FOR STATE SUB- appointed by the Attorney General in ac- ney General specifies. STANCE ABUSE AGENCIES.—Section 508 of the cordance with subparagraphs (B) and (C). ‘‘(d) PRIORITY CONSIDERATIONS.—In award- Public Health Service Act (42 U.S.C. 290bb–1) EMBERS OF THE TASK FORCE.—The ing grants under this section, the Attorney (B) M is amended— General shall give priority to applicants Task Force shall include— (1) by striking subsection (r); and that— (i) members who have national recognition (2) by inserting after subsection (q) the fol- ‘‘(1) assess the level of risk and need of in- and significant expertise in areas such as lowing: mates, including by— health care, housing, employment, substance ‘‘(r) PILOT PROGRAM FOR STATE SUBSTANCE ‘‘(A) assessing the need for English lan- use disorders, mental health, law enforce- ABUSE AGENCIES.— guage learner instruction; ment, and law; ‘‘(1) IN GENERAL.—The Director shall carry ‘‘(B) conducting educational assessments; (ii) not fewer than 2 members— out a pilot program under which the Direc- and (I) who have personally experienced a sub- tor makes competitive grants to State sub- ‘‘(C) assessing occupational interests and stance abuse disorder or addiction and are in stance abuse agencies to— aptitudes; recovery; and ‘‘(A) enhance flexibility in the use of funds ‘‘(2) target educational services to assessed (II) not fewer than 1 of whom has bene- designed to support family-based services for needs, including academic and occupational fitted from medication assisted treatment; pregnant and postpartum women with a pri- at the basic, secondary, or post-secondary and mary diagnosis of a substance use disorder, level; (iii) to the extent practicable, members including opioid use disorders; ‘‘(3) target career and technology edu- who formerly served as elected officials at ‘‘(B) help State substance abuse agencies cation programs to— the State and Federal levels. address identified gaps in services furnished ‘‘(A) areas of identified occupational de- (C) TIMING.—The Attorney General shall to such women along the continuum of care, mand; and appoint the members of the Task Force not including services provided to women in non- ‘‘(B) employment opportunities in the later than 60 days after the date on which residential based settings; and communities in which students are reason- the Task Force is established under para- ‘‘(C) promote a coordinated, effective, and ably expected to reside post-release; graph (1). efficient State system managed by State ‘‘(4) include a range of appropriate edu- (3) CHAIRPERSON.—The Task Force shall se- substance abuse agencies by encouraging cational opportunities at the basic, sec- lect a chairperson or co-chairpersons from new approaches and models of service deliv- ondary, and post-secondary levels; among the members of the Task Force. ery that are evidence-based, including effec- ‘‘(5) include opportunities for students to (c) DUTIES OF THE TASK FORCE.— tive family-based programs for women in- attain industry recognized credentials; (1) IN GENERAL.—The Task Force shall— volved with the criminal justice system. ‘‘(6) include partnership or articulation (A) identify collateral consequences for in- ‘‘(2) REQUIREMENTS.—In carrying out the agreements linking institutional education dividuals with Federal or State convictions pilot program under this subsection, the Di- programs with community sited programs for drug-related offenses who are in recovery rector— provided by adult education program pro- for substance use disorder; and ‘‘(A) shall require State substance abuse viders and accredited institutions of higher (B) examine any policy basis for the impo- agencies to submit to the Director applica- education, community colleges, and voca- sition of collateral consequences identified tions, in such form and manner and con- tional training institutions; and under subparagraph (A) and the effect of the taining such information as specified by the ‘‘(7) explicitly include career pathways collateral consequences on individuals in re- Director, to be eligible to receive a grant models offering opportunities for incarcer- covery in resuming their personal and pro- under the program; ated students to develop academic skills, in- fessional activities. ‘‘(B) shall identify, based on such sub- demand occupational skills and credentials, (2) RECOMMENDATIONS.—Not later than 180 mitted applications, State substance abuse occupational experience in institutional days after the date of the first meeting of agencies that are eligible for such grants; work programs or work release programs, the Task Force, the Task Force shall develop ‘‘(C) shall require services proposed to be and linkages with employers in the commu- recommendations, as it considers appro- furnished through such a grant to support nity, so that incarcerated students have op- priate, for proposed legislative and regu- family-based treatment and other services portunities to embark on careers with strong latory changes related to the collateral con- for pregnant and postpartum women with a prospects for both post-release employment sequences identified under paragraph (1). primary diagnosis of a substance use dis- and advancement in a career ladder over (3) COLLECTION OF INFORMATION.—The Task order, including opioid use disorders; time. Force shall hold hearings, require the testi- ‘‘(D) notwithstanding subsection (a)(1), ‘‘(e) REQUIREMENTS.—An eligible entity mony and attendance of witnesses, and se- shall not require that services furnished seeking a grant under this section shall— cure information from any department or through such a grant be provided solely to ‘‘(1) describe the evidence-based method- agency of the United States in performing women that reside in facilities; and ology and outcome measurements that will the duties under paragraphs (1) and (2). ‘‘(E) shall not require that grant recipients be used to evaluate each program funded (4) REPORT.— under the program make available all serv- with a grant under this section, and specifi- (A) SUBMISSION TO EXECUTIVE BRANCH.—Not ices described in subsection (d). cally explain how such measurements will later than 1 year after the date of the first ‘‘(3) REQUIRED SERVICES.— provide valid measures of the impact of the meeting of the Task Force, the Task Force ‘‘(A) IN GENERAL.—The Director shall speci- program; and shall submit a report detailing the findings fy minimum services required to be made ‘‘(2) describe how each program described and recommendations of the Task Force to— available to eligible women through a grant in paragraph (1) could be broadly replicated (i) the head of each relevant department or awarded under the pilot program under this if demonstrated to be effective. agency of the United States; subsection. Such minimum services— ‘‘(f) CONTROL OF INTERNET ACCESS.—An en- (ii) the President; and ‘‘(i) shall include the requirements de- tity that receives a grant under this section (iii) the Vice President. scribed in subsection (c); may restrict access to the Internet by pris- (B) SUBMISSION TO CONGRESS.—The individ- ‘‘(ii) may include any of the services de- oners, as appropriate and in accordance with uals who receive the report under subpara- scribed in subsection (d); Federal and State law, to ensure public safe- graph (A) shall submit to Congress such leg- ‘‘(iii) may include other services, as appro- ty.’’. islative recommendations, if any, as those priate; and

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.019 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 10, 2016 CONGRESSIONAL RECORD — SENATE S1411 ‘‘(iv) shall be based on the recommenda- (1) by inserting ‘‘(I)’’ after ‘‘(ii)’’; in treatment for prescription drug and opioid tions submitted under subparagraph (B) (2) in subclause (I), as so designated, by addiction for hepatitis C and HIV, and pro- ‘‘(B) STAKEHOLDER INPUT.—The Director striking the period and inserting ‘‘; or’’; and vide treatment for those individuals if clini- shall convene and solicit recommendations (3) by adding at the end the following: cally appropriate; or from stakeholders, including State sub- ‘‘(II) was discharged or released from such (iv) developing, implementing, or expand- stance abuse agencies, health care providers, service under dishonorable conditions, if the ing programs that provide screening, early persons in recovery from a substance use dis- reason for that discharge or release, if intervention, and referral to treatment order, and other appropriate individuals, for known, is attributable to a substance use (commonly known as ‘‘SBIRT’’) to teenagers the minimum services described in subpara- disorder.’’. and young adults in primary care, middle graph (A). TITLE VI—INCENTIVIZING STATE COM- schools, high schools, universities, school- ‘‘(4) DURATION.—The pilot program under PREHENSIVE INITIATIVES TO ADDRESS based health centers, and other community- this subsection shall not exceed 5 years. PRESCRIPTION OPIOID AND HEROIN based health care settings frequently ‘‘(5) EVALUATION AND REPORT TO CON- ABUSE accessed by teenagers or young adults; and GRESS.— SEC. 601. STATE DEMONSTRATION GRANTS FOR (D) developing, implementing, and expand- ‘‘(A) IN GENERAL.—Out of amounts made COMPREHENSIVE OPIOID ABUSE RE- ing programs to prevent overdose death from available to the Center for Behavioral SPONSE. prescription medications and opioids. Health Statistics and Quality, the Director (a) DEFINITIONS.—In this section— (3) PLANNING GRANT APPLICATIONS.— of the Center for Behavioral Health Statis- (1) the term ‘‘dispenser’’ has the meaning (A) APPLICATION.— tics and Quality, in cooperation with the re- given the term in section 102 of the Con- (i) IN GENERAL.—A State seeking a plan- cipients of grants under this subsection, trolled Substances Act (21 U.S.C. 802); ning grant under this section to prepare a shall conduct an evaluation of the pilot pro- (2) the term ‘‘prescriber’’ means a dis- comprehensive plan for an integrated opioid gram under this subsection, beginning 1 year penser who prescribes a controlled sub- abuse response initiative shall submit to the after the date on which a grant is first stance, or the agent of such a dispenser; Attorney General an application in such awarded under this subsection. The Director (3) the term ‘‘prescriber of a schedule II, form, and containing such information, as of the Center for Behavioral Health Statis- III, or IV controlled substance’’ does not in- the Attorney General may require. tics and Quality, in coordination with the clude a prescriber of a schedule II, III, or IV (ii) REQUIREMENTS.—An application for a Director of the Center for Substance Abuse controlled substance that dispenses the sub- planning grant under this section shall, at a Treatment, not later than 120 days after stance— minimum, include— completion of such evaluation, shall submit (A) for use on the premises on which the (I) a budget and a budget justification for to the relevant Committees of the Senate substance is dispensed; the activities to be carried out using the and the House of Representatives a report on (B) in a hospital emergency room, when grant; such evaluation. the substance is in short supply; (II) a description of the activities proposed to be carried out using the grant, including ‘‘(B) CONTENTS.—The report to Congress (C) for a certified opioid treatment pro- under subparagraph (A) shall include, at a gram; or a schedule for completion of such activities; minimum, outcomes information from the (D) in other situations as the Attorney (III) outcome measures that will be used to pilot program, including any resulting reduc- General may reasonably determine; and measure the effectiveness of the programs and initiatives to address opioids; and tions in the use of alcohol and other drugs, (4) the term ‘‘schedule II, III, or IV con- (IV) a description of the personnel nec- engagement in treatment services, retention trolled substance’’ means a controlled sub- essary to complete such activities. in the appropriate level and duration of serv- stance that is listed on schedule II, schedule (B) PERIOD; NONRENEWABILITY.—A planning ices, increased access to the use of drugs ap- III, or schedule IV of section 202(c) of the grant under this section shall be for a period proved by the Food and Drug Administration Controlled Substances Act (21 U.S.C. 812(c)). (b) PLANNING AND IMPLEMENTATION of 1 year. A State may not receive more than for the treatment of substance use disorders GRANTS.— 1 planning grant under this section. in combination with counseling, and other (1) IN GENERAL.—The Attorney General, in (C) STRATEGIC PLAN AND PROGRAM IMPLE- appropriate measures. coordination with the Secretary of Health MENTATION PLAN.—A State receiving a plan- ‘‘(6) DEFINITION OF STATE SUBSTANCE ABUSE and Human Services and in consultation ning grant under this section shall develop a AGENCY.—For purposes of this subsection, with the Director of the Office of National strategic plan and a program implementa- the term ‘State substance abuse agency’ Drug Control Policy, may award grants to tion plan. means, with respect to a State, the agency in States, and combinations thereof, to prepare (4) IMPLEMENTATION GRANTS.— such State that manages the substance a comprehensive plan for and implement an (A) APPLICATION.—A State seeking an im- abuse prevention and treatment block grant integrated opioid abuse response initiative. plementation grant under this section to im- program under part B of title XIX. (2) PURPOSES.—A State receiving a grant plement a comprehensive strategy for ad- ‘‘(s) FUNDING.— under this section shall establish a com- dressing opioid abuse shall submit to the At- ‘‘(1) IN GENERAL.—For the purpose of car- prehensive response to opioid abuse, which torney General an application in such form, rying out this section, there are authorized shall include— and containing such information, as the At- to be appropriated $15,900,000 for each of fis- (A) prevention and education efforts torney General may require. cal years 2016 through 2020. around heroin and opioid use, treatment, and (B) USE OF FUNDS.—A State that receives ‘‘(2) LIMITATION.—Of the amounts made recovery, including education of residents, an implementation grant under this section available under paragraph (1) to carry out medical students, and physicians and other shall use the grant for the cost of carrying this section, not more than 25 percent may prescribers of schedule II, III, or IV con- out an integrated opioid abuse response pro- be used each fiscal year to carry out sub- trolled substances on relevant prescribing gram in accordance with this section, includ- section (r).’’. guidelines and the prescription drug moni- ing for technical assistance, training, and SEC. 502. REPORT ON GRANTS FOR FAMILY- toring program of the State; administrative expenses. BASED SUBSTANCE ABUSE TREAT- (B) a comprehensive prescription drug (C) REQUIREMENTS.—An integrated opioid MENT. monitoring program to track dispensing of abuse response program carried out using an Section 2925 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797s– schedule II, III, or IV controlled substances, implementation grant under this section 4) is amended— which shall— shall— (1) by striking ‘‘An entity’’ and inserting (i) provide for data sharing with other (i) require that each prescriber of a sched- States by statute, regulation, or interstate ule II, III, or IV controlled substance in the ‘‘(a) ENTITY REPORTS.—An entity’’; and (2) by adding at the end the following: agreement; and State— ‘‘(b) ATTORNEY GENERAL REPORT ON FAM- (ii) allow for access to all individuals au- (I) registers with the prescription drug ILY-BASED SUBSTANCE ABUSE TREATMENT.— thorized by the State to write prescriptions monitoring program of the State; and The Attorney General shall submit to Con- for schedule II, III, or IV controlled sub- (II) consults the prescription drug moni- gress an annual report that describes the stances on the prescription drug monitoring toring program database of the State before number of grants awarded under section program of the State; prescribing a schedule II, III, or IV con- 2921(1) and how such grants are used by the (C) developing, implementing, or expand- trolled substance; recipients for family-based substance abuse ing prescription drug and opioid addiction (ii) require that each dispenser of a sched- treatment programs that serve as alter- treatment programs by— ule II, III, or IV controlled substance in the natives to incarceration for custodial par- (i) expanding programs for medication as- State— ents to receive treatment and services as a sisted treatment of prescription drug and (I) registers with the prescription drug family.’’. opioid addiction, including training for monitoring program of the State; SEC. 503. VETERANS’ TREATMENT COURTS. treatment and recovery support providers; (II) consults the prescription drug moni- Section 2991(j)(1)(B)(ii) of title I of the Om- (ii) developing, implementing, or expand- toring program database of the State before nibus Crime Control and Safe Streets Act of ing programs for behavioral health therapy dispensing a schedule II, III, or IV controlled 1968 (42 U.S.C. 3797aa(j)(1)(B)(ii)), as amended for individuals who are in treatment for pre- substance; and by the Comprehensive Justice and Mental scription drug and opioid addiction; (III) reports to the prescription drug moni- Health Act of 2015 (S. 993, 114th Congress), is (iii) developing, implementing, or expand- toring program of the State, at a minimum, amended— ing programs to screen individuals who are each instance in which a schedule II, III, or

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.019 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1412 CONGRESSIONAL RECORD — SENATE March 10, 2016 IV controlled substance is dispensed, with prescribers and dispensers of schedule II, III, ‘‘(i) the Committee on Health, Education, limited exceptions, as defined by the State, or IV controlled substances when overuse or Labor, and Pensions of the Senate; and which shall indicate the prescriber by name misuse of such controlled substances by pa- ‘‘(ii) the Committee on Energy and Com- and National Provider Identifier; tients is suspected. merce of the House of Representatives; (iii) require that, not fewer than 4 times (c) AUTHORIZATION OF FUNDING.—For each ‘‘(2) the term ‘covered agency’ means— each year, the State agency or agencies that of fiscal years 2016 through 2020, the Attor- ‘‘(A) the Department of Justice; and administer the prescription drug monitoring ney General may use, from any unobligated ‘‘(B) the Department of Health and Human program of the State prepare and provide to balances made available under the heading Services; and each prescriber of a schedule II, III, or IV ‘‘GENERAL ADMINISTRATION’’ to the De- ‘‘(3) the term ‘covered official’ means— controlled substance an informational report partment of Justice in an appropriation Act, ‘‘(A) the Attorney General; and that shows how the prescribing patterns of such amounts as are necessary to carry out ‘‘(B) the Secretary of Health and Human the prescriber compare to prescribing prac- this section, not to exceed $5,000,000 per fis- Services. tices of the peers of the prescriber and ex- cal year. ‘‘(b) ACCOUNTABILITY.—All grants awarded pected norms; TITLE VII—MISCELLANEOUS by a covered official under this part shall be subject to the following accountability pro- (iv) if informational reports provided to a SEC. 701. GAO REPORT ON IMD EXCLUSION. prescriber under clause (iii) indicate that the visions: (a) DEFINITION.—In this section, the term ‘‘(1) AUDIT REQUIREMENT.— prescriber is repeatedly falling outside of ex- ‘‘Medicaid Institutions for Mental Disease ‘‘(A) DEFINITION.—In this paragraph, the pected norms or standard practices for the exclusion’’ means the prohibition on Federal term ‘unresolved audit finding’ means a find- prescriber’s field, direct the prescriber to matching payments under Medicaid for pa- ing in the final audit report of the Inspector educational resources on appropriate pre- tients who have attained age 22, but have not scribing of controlled substances; General of a covered agency that the audited attained age 65, in an institution for mental (v) ensure that the prescriber licensing grantee has utilized grant funds for an unau- diseases under subparagraph (B) of the mat- board of the State receives a report describ- thorized expenditure or otherwise unallow- ter following subsection (a) of section 1905 of ing any prescribers that repeatedly fall out- able cost that is not closed or resolved with- the Social Security Act (42 U.S.C. 1396d) and side of expected norms or standard practices in 12 months after the date on which the subsection (i) of such section. for the prescriber’s field, as described in final audit report is issued. (b) REPORT REQUIRED.—Not later than 1 ‘‘(B) AUDIT.—Beginning in the first fiscal clause (iii); year after the date of enactment of this Act, year beginning after the date of enactment (vi) require consultation with the Single the Comptroller General of the United States State Authority for Substance Abuse (as de- of this section, and in each fiscal year there- shall submit to Congress a report on the im- fined in section 201(e) of the Second Chance after, the Inspector General of a covered pact that the Medicaid Institutions for Men- Act of 2007 (42 U.S.C. 17521(e))); and agency shall conduct audits of recipients of tal Disease exclusion has on access to treat- (vii) establish requirements for how data grants awarded by the applicable covered of- ment for individuals with a substance use will be collected and analyzed to determine ficial under this part to prevent waste, fraud, disorder. the effectiveness of the program. and abuse of funds by grantees. The Inspec- (c) ELEMENTS.—The report required under tor General shall determine the appropriate (D) PERIOD.—An implementation grant subsection (b) shall include a review of what under this section shall be for a period of 2 number of grantees to be audited each year. is known regarding— years. ‘‘(C) MANDATORY EXCLUSION.—A recipient (1) Medicaid beneficiary access to sub- (5) PRIORITY CONSIDERATIONS.—In awarding of grant funds under this part that is found stance use disorder treatments in institu- planning and implementation grants under to have an unresolved audit finding shall not tions for mental disease; and this section, the Attorney General shall give be eligible to receive grant funds under this (2) the quality of care provided to Medicaid priority to a State that— part during the first 2 fiscal years beginning beneficiaries treated in and outside of insti- (A)(i) provides civil liability protection for after the end of the 12-month period de- tutions for mental disease for substance use first responders, health professionals, and scribed in subparagraph (A). disorders. family members who have received appro- ‘‘(D) PRIORITY.—In awarding grants under priate training in the administration of SEC. 702. FUNDING. this part, a covered official shall give pri- naloxone in administering naloxone to coun- Part II of title I of the Omnibus Crime ority to eligible applicants that did not have teract opioid overdoses; and Control and Safe Streets Act of 1968 (42 an unresolved audit finding during the 3 fis- (ii) submits to the Attorney General a cer- U.S.C. 3797cc et seq.), as amended by section cal years before submitting an application tification by the attorney general of the 401, is amended by adding at the end the fol- for a grant under this part. State that the attorney general has— lowing: ‘‘(E) REIMBURSEMENT.—If an entity is (I) reviewed any applicable civil liability ‘‘SEC. 2999E. FUNDING. awarded grant funds under this part during protection law to determine the applica- ‘‘There are authorized to be appropriated the 2-fiscal-year period during which the en- bility of the law with respect to first re- to the Attorney General and the Secretary of tity is barred from receiving grants under sponders, health care professionals, family Health and Human Services to carry out this subparagraph (C), the covered official that members, and other individuals who— part $62,000,000 for each of fiscal years 2016 awarded the grant funds shall— (aa) have received appropriate training in through 2020.’’. ‘‘(i) deposit an amount equal to the the administration of naloxone; and SEC. 703. CONFORMING AMENDMENTS. amount of the grant funds that were improp- (bb) may administer naloxone to individ- Part II of title I of the Omnibus Crime erly awarded to the grantee into the General uals reasonably believed to be suffering from Control and Safe Streets Act of 1968 (42 Fund of the Treasury; and opioid overdose; and U.S.C. 3797cc et seq.) is amended— ‘‘(ii) seek to recoup the costs of the repay- (II) concluded that the law described in (1) in the part heading, by striking ‘‘CON- ment to the fund from the grant recipient subclause (I) provides adequate civil liability FRONTING USE OF METHAMPHETAMINE’’ and in- that was erroneously awarded grant funds. protection applicable to such persons; serting ‘‘COMPREHENSIVE ADDICTION AND RE- ‘‘(2) NONPROFIT ORGANIZATION REQUIRE- (B) has in effect legislation or implements COVERY’’; and MENTS.— a policy under which the State shall not ter- (2) in section 2996(a)(1), by striking ‘‘this ‘‘(A) DEFINITION.—For purposes of this minate, but may suspend, enrollment under part’’ and inserting ‘‘this section’’. paragraph and the grant programs under this the State plan for medical assistance under SEC. 704. GRANT ACCOUNTABILITY. part, the term ‘nonprofit organization’ title XIX of the Social Security Act (42 (a) GRANTS UNDER PART II OF TITLE I OF means an organization that is described in U.S.C. 1396 et seq.) for an individual who is THE OMNIBUS CRIME CONTROL AND SAFE section 501(c)(3) of the Internal Revenue Code incarcerated for a period of fewer than 2 STREETS ACT OF 1968.—Part II of title I of the of 1986 and is exempt from taxation under years; Omnibus Crime Control and Safe Streets Act section 501(a) of such Code. (C) has a process for enrollment in services of 1968 (42 U.S.C. 3797cc et seq.); as amended ‘‘(B) PROHIBITION.—A covered official may and benefits necessary by criminal justice by section 702, is amended by adding at the not award a grant under this part to a non- agencies to initiate or continue treatment in end the following: profit organization that holds money in off- the community, under which an individual ‘‘SEC. 2999F. GRANT ACCOUNTABILITY. shore accounts for the purpose of avoiding who is incarcerated may, while incarcerated, ‘‘(a) DEFINITIONS.—In this section— paying the tax described in section 511(a) of enroll in services and benefits that are nec- ‘‘(1) the term ‘applicable committees’— the Internal Revenue Code of 1986. essary for the individual to continue treat- ‘‘(A) with respect to the Attorney General ‘‘(C) DISCLOSURE.—Each nonprofit organi- ment upon release from incarceration; and any other official of the Department of zation that is awarded a grant under this (D) ensures the capability of data sharing Justice, means— part and uses the procedures prescribed in with other States, such as by making data ‘‘(i) the Committee on the Judiciary of the regulations to create a rebuttable presump- available to a prescription monitoring hub; Senate; and tion of reasonableness for the compensation (E) ensures that data recorded in the pre- ‘‘(ii) the Committee on the Judiciary of the of its officers, directors, trustees, and key scription drug monitoring program database House of Representatives; and employees, shall disclose to the applicable of the State is available within 24 hours, to ‘‘(B) with respect to the Secretary of covered official, in the application for the the extent possible; and Health and Human Services and any other grant, the process for determining such com- (F) ensures that the prescription drug official of the Department of Health and pensation, including the independent persons monitoring program of the State notifies Human Services, means— involved in reviewing and approving such

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.019 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 10, 2016 CONGRESSIONAL RECORD — SENATE S1413 compensation, the comparability data used, (ii) with respect to the Secretary of Health ableness for the compensation of its officers, and contemporaneous substantiation of the and Human Services and any other official of directors, trustees, and key employees, shall deliberation and decision. Upon request, a the Department of Health and Human Serv- disclose to the applicable covered official, in covered official shall make the information ices, means— the application for the grant, the process for disclosed under this subparagraph available (I) the Committee on Health, Education, determining such compensation, including for public inspection. Labor, and Pensions of the Senate; and the independent persons involved in review- ‘‘(3) CONFERENCE EXPENDITURES.— (II) the Committee on Energy and Com- ing and approving such compensation, the ‘‘(A) LIMITATION.—No amounts made avail- merce of the House of Representatives; comparability data used, and contempora- able to a covered official under this part may (B) the term ‘‘covered agency’’ means— neous substantiation of the deliberation and be used by the covered official, or by any in- (i) the Department of Justice; and decision. Upon request, a covered official dividual or entity awarded discretionary (ii) the Department of Health and Human shall make the information disclosed under funds through a cooperative agreement Services; this clause available for public inspection. under this part, to host or support any ex- (C) the term ‘‘covered grant’’ means a (C) CONFERENCE EXPENDITURES.— penditure for conferences that uses more grant under section 201, 302, or 601 of this Act (i) LIMITATION.—No amounts made avail- than $20,000 in funds made available by the or section 508 of the Public Health Service able to a covered official under a covered covered official, unless the covered official Act (42 U.S.C. 290bb–1) (as amended by sec- grant program may be used by the covered provides prior written authorization that the tion 501 of this Act); and official, or by any individual or entity funds may be expended to host the con- (D) the term ‘‘covered official’’ means— awarded discretionary funds through a coop- ference. (i) the Attorney General; and erative agreement under a covered grant pro- ‘‘(B) WRITTEN AUTHORIZATION.—Written au- (ii) the Secretary of Health and Human gram, to host or support any expenditure for thorization under subparagraph (A) shall in- Services. conferences that uses more than $20,000 in clude a written estimate of all costs associ- (2) ACCOUNTABILITY.—All covered grants funds made available by the covered official, ated with the conference, including the cost awarded by a covered official shall be subject unless the covered official provides prior of all food, beverages, audio-visual equip- to the following accountability provisions: written authorization that the funds may be ment, honoraria for speakers, and entertain- (A) AUDIT REQUIREMENT.— expended to host the conference. ment. (i) DEFINITION.—In this subparagraph, the (ii) WRITTEN AUTHORIZATION.—Written au- ‘‘(C) REPORT.— term ‘‘unresolved audit finding’’ means a thorization under clause (i) shall include a ‘‘(i) DEPARTMENT OF JUSTICE.—The Deputy finding in the final audit report of the In- written estimate of all costs associated with Attorney General shall submit to the appli- spector General of a covered agency that the the conference, including the cost of all food, cable committees an annual report on all audited grantee has utilized grant funds for beverages, audio-visual equipment, hono- conference expenditures approved by the At- an unauthorized expenditure or otherwise raria for speakers, and entertainment. torney General under this paragraph. unallowable cost that is not closed or re- (iii) REPORT.— solved within 12 months after the date on (I) DEPARTMENT OF JUSTICE.—The Deputy ‘‘(ii) DEPARTMENT OF HEALTH AND HUMAN which the final audit report is issued. Attorney General shall submit to the appli- SERVICES.—The Deputy Secretary of Health and Human Services shall submit to the ap- (ii) AUDIT.—Beginning in the first fiscal cable committees an annual report on all year beginning after the date of enactment conference expenditures approved by the At- plicable committees an annual report on all of this Act, and in each fiscal year there- torney General under this subparagraph. conference expenditures approved by the after, the Inspector General of a covered (II) DEPARTMENT OF HEALTH AND HUMAN Secretary of Health and Human Services agency shall conduct audits of recipients of SERVICES.—The Deputy Secretary of Health under this paragraph. covered grants awarded by the applicable and Human Services shall submit to the ap- ‘‘(4) ANNUAL CERTIFICATION.—Beginning in covered official to prevent waste, fraud, and plicable committees an annual report on all the first fiscal year beginning after the date abuse of funds by grantees. The Inspector conference expenditures approved by the of enactment of this section, each covered General shall determine the appropriate Secretary of Health and Human Services official shall submit to the applicable com- number of grantees to be audited each year. under this subparagraph. mittees an annual certification— (iii) MANDATORY EXCLUSION.—A recipient of (D) ANNUAL CERTIFICATION.—Beginning in ‘‘(A) indicating whether— covered grant funds that is found to have an the first fiscal year beginning after the date ‘‘(i) all audits issued by the Office of the unresolved audit finding shall not be eligible of enactment of this Act, each covered offi- Inspector General of the applicable agency to receive covered grant funds during the cial shall submit to the applicable commit- under paragraph (1) have been completed and first 2 fiscal years beginning after the end of tees an annual certification— reviewed by the appropriate Assistant Attor- the 12-month period described in clause (i). (i) indicating whether— ney General or Director, or the appropriate (iv) PRIORITY.—In awarding covered grants, (I) all audits issued by the Office of the In- official of the Department of Health and a covered official shall give priority to eligi- spector General of the applicable agency Human Services, as applicable; ble applicants that did not have an unre- under subparagraph (A) have been completed ‘‘(ii) all mandatory exclusions required solved audit finding during the 3 fiscal years and reviewed by the appropriate Assistant under paragraph (1)(C) have been issued; and before submitting an application for a cov- Attorney General or Director, or the appro- ‘‘(iii) all reimbursements required under ered grant. priate official of the Department of Health paragraph (1)(E) have been made; and (v) REIMBURSEMENT.—If an entity is award- and Human Services, as applicable; ‘‘(B) that includes a list of any grant reed covered grant funds during the 2-fiscal- (II) all mandatory exclusions required cipients excluded under paragraph (1) from year period during which the entity is barred under subparagraph (A)(iii) have been issued; the previous year. from receiving grants under clause (iii), the and ‘‘(c) PREVENTING DUPLICATIVE GRANTS.— covered official that awarded the funds (III) all reimbursements required under ‘‘(1) IN GENERAL.—Before a covered official shall— subparagraph (A)(v) have been made; and awards a grant to an applicant under this (I) deposit an amount equal to the amount (ii) that includes a list of any grant recipi- part, the covered official shall compare po- of the grant funds that were improperly ents excluded under subparagraph (A) from tential grant awards with other grants awarded to the grantee into the General the previous year. awarded under this part by the covered offi- Fund of the Treasury; and (3) PREVENTING DUPLICATIVE GRANTS.— cial to determine if duplicate grant awards (II) seek to recoup the costs of the repay- (A) IN GENERAL.—Before a covered official are awarded for the same purpose. ment to the fund from the grant recipient awards a covered grant to an applicant, the ‘‘(2) REPORT.—If a covered official awards that was erroneously awarded grant funds. covered official shall compare potential duplicate grants to the same applicant for (B) NONPROFIT ORGANIZATION REQUIRE- grant awards with other covered grants the same purpose, the covered official shall MENTS.— awarded by the covered official to determine submit to the applicable committees a re- (i) DEFINITION.—For purposes of this sub- if duplicate grant awards are awarded for the port that includes— paragraph and the covered grant programs, same purpose. ‘‘(A) a list of all duplicate grants awarded, the term ‘‘nonprofit organization’’ means an (B) REPORT.—If a covered official awards including the total dollar amount of any du- organization that is described in section duplicate grants to the same applicant for plicate grants awarded; and 501(c)(3) of the Internal Revenue Code of 1986 the same purpose, the covered official shall ‘‘(B) the reason the covered official award- and is exempt from taxation under section submit to the applicable committees a reed the duplicate grants.’’. 501(a) of such Code. port that includes— (b) OTHER GRANTS.— (ii) PROHIBITION.—A covered official may (i) a list of all duplicate grants awarded, (1) DEFINITIONS.—In this subsection— not award a covered grant to a nonprofit or- including the total dollar amount of any du- (A) the term ‘‘applicable committees’’— ganization that holds money in offshore ac- plicate grants awarded; and (i) with respect to the Attorney General counts for the purpose of avoiding paying the (ii) the reason the covered official awarded and any other official of the Department of tax described in section 511(a) of the Internal the duplicate grants. Justice, means— Revenue Code of 1986. SEC. 705. PROGRAMS TO PREVENT PRESCRIP- (I) the Committee on the Judiciary of the (iii) DISCLOSURE.—Each nonprofit organiza- TION DRUG ABUSE UNDER THE Senate; and tion that is awarded a covered grant and uses MEDICARE PROGRAM. (II) the Committee on the Judiciary of the the procedures prescribed in regulations to (a) DRUG MANAGEMENT PROGRAM FOR AT- House of Representatives; and create a rebuttable presumption of reason- RISK BENEFICIARIES.—

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(1) IN GENERAL.—Section 1860D–4(c) of the ‘‘(II) that such beneficiary has been sent, ‘‘(III) the Secretary elects to treat as an Social Security Act (42 U.S.C. 1395w–104(c)) is or informed of, such identification in the ini- exempted individual for purposes of clause amended by adding at the end the following: tial notice and is now subject to the require- (i). ‘‘(5) DRUG MANAGEMENT PROGRAM FOR AT- ments of the drug management program for ‘‘(iii) PROGRAM SIZE.—The Secretary shall RISK BENEFICIARIES.— at-risk beneficiaries established by such establish policies, including the criteria de- ‘‘(A) AUTHORITY TO ESTABLISH.—A PDP PDP sponsor for such plan; veloped under clause (i)(I) and the exemp- sponsor may establish a drug management ‘‘(III) of the prescriber and pharmacy se- tions under clause (ii)(III), to ensure that the program for at-risk beneficiaries under lected for such individual under subpara- population of enrollees in a drug manage- which, subject to subparagraph (B), the PDP graph (D); ment program for at-risk beneficiaries oper- sponsor may, in the case of an at-risk bene- ‘‘(IV) of, and information about, the right ated by a prescription drug plan can be effec- ficiary for prescription drug abuse who is an of the beneficiary to a reconsideration and tively managed by such plans. enrollee in a prescription drug plan of such an appeal under subsection (h) of such identi- ‘‘(iv) CLINICAL CONTACT.—With respect to PDP sponsor, limit such beneficiary’s access fication and the prescribers and pharmacies each at-risk beneficiary for prescription drug to coverage for frequently abused drugs selected; abuse enrolled in a prescription drug plan of- under such plan to frequently abused drugs ‘‘(V) that the beneficiary can, in the case fered by a PDP sponsor, the PDP sponsor that are prescribed for such beneficiary by a that the beneficiary has not previously sub- shall contact the beneficiary’s providers who prescriber (or prescribers) selected under mitted to the PDP sponsor preferences for have prescribed frequently abused drugs re- subparagraph (D), and dispensed for such which prescribers and pharmacies the bene- garding whether prescribed medications are beneficiary by a pharmacy (or pharmacies) ficiary would prefer the PDP sponsor select appropriate for such beneficiary’s medical selected under such subparagraph. under subparagraph (D), submit such pref- conditions. ‘‘(B) REQUIREMENT FOR NOTICES.— erences to the PDP sponsor; and ‘‘(D) SELECTION OF PRESCRIBERS.— ‘‘(i) IN GENERAL.—A PDP sponsor may not ‘‘(VI) that includes clear instructions that ‘‘(i) IN GENERAL.—With respect to each at- limit the access of an at-risk beneficiary for explain how the beneficiary can contact the risk beneficiary for prescription drug abuse prescription drug abuse to coverage for fre- PDP sponsor in order to submit to the PDP enrolled in a prescription drug plan offered quently abused drugs under a prescription sponsor the preferences described in sub- by such sponsor, a PDP sponsor shall, based drug plan until such sponsor— clause (V). on the preferences submitted to the PDP ‘‘(I) provides to the beneficiary an initial ‘‘(iv) TIMING OF NOTICES.— sponsor by the beneficiary pursuant to notice described in clause (ii) and a second ‘‘(I) IN GENERAL.—Subject to subclause (II), clauses (ii)(III) and (iii)(V) of subparagraph notice described in clause (iii); and a second written notice described in clause (B) if applicable, select— ‘‘(II) verifies with the providers of the ben- (iii) shall be provided to the beneficiary on a ‘‘(I) one, or, if the PDP sponsor reasonably eficiary that the beneficiary is an at-risk date that is not less than 30 days after an determines it necessary to provide the bene- beneficiary for prescription drug abuse, as initial notice described in clause (ii) is pro- ficiary with reasonable access under clause described in subparagraph (C)(iv). vided to the beneficiary. (ii), more than one, individual who is author- ‘‘(ii) INITIAL NOTICE.—An initial written no- ‘‘(II) EXCEPTION.—In the case that the PDP ized to prescribe frequently abused drugs (re- tice described in this clause is a notice that sponsor, in conjunction with the Secretary, ferred to in this paragraph as a ‘prescriber’) provides to the beneficiary— determines that concerns identified through who may write prescriptions for such drugs ‘‘(I) notice that the PDP sponsor has iden- rulemaking by the Secretary regarding the for such beneficiary; and tified the beneficiary as potentially being an health or safety of the beneficiary or regard- ‘‘(II) one, or, if the PDP sponsor reasonably at-risk beneficiary for prescription drug ing significant drug diversion activities re- determines it necessary to provide the bene- abuse; quire the PDP sponsor to provide a second ficiary with reasonable access under clause ‘‘(II) information, when possible, describ- notice described in clause (iii) to the bene- (ii), more than one, pharmacy that may dis- ing State and Federal public health re- ficiary on a date that is earlier than the date pense such drugs to such beneficiary. sources that are designed to address pre- described in subclause (II), the PDP sponsor ‘‘(ii) REASONABLE ACCESS.—In making the scription drug abuse to which the beneficiary may provide such second notice on such ear- selection under this subparagraph, a PDP may have access, including substance use lier date. sponsor shall ensure, taking into account ge- disorder treatment services, addiction treat- ‘‘(III) FORM OF NOTICE.—The written no- ographic location, beneficiary preference, ment services, mental health services, and tices under clauses (ii) and (iii) shall be in a impact on cost-sharing, and reasonable trav- other counseling services; format determined appropriate by the Sec- el time, that the beneficiary continues to ‘‘(III) a request for the beneficiary to sub- retary, taking into account beneficiary pref- have reasonable access to drugs described in mit to the PDP sponsor preferences for erences. subparagraph (G), including— which prescribers and pharmacies the bene- ‘‘(C) AT-RISK BENEFICIARY FOR PRESCRIP- ‘‘(I) for individuals with multiple resi- ficiary would prefer the PDP sponsor to se- TION DRUG ABUSE.— dences; and lect under subparagraph (D) in the case that ‘‘(i) IN GENERAL.—For purposes of this ‘‘(II) in the case of natural disasters and the beneficiary is identified as an at-risk paragraph, the term ‘at-risk beneficiary for similar emergency situations. beneficiary for prescription drug abuse as de- prescription drug abuse’ means a part D eli- ‘‘(iii) BENEFICIARY PREFERENCES.— scribed in clause (iii)(I); gible individual who is not an exempted indi- ‘‘(I) IN GENERAL.—If an at-risk beneficiary ‘‘(IV) an explanation of the meaning and vidual described in clause (ii) and— for prescription drug abuse submits pref- consequences of the identification of the ‘‘(I) who is identified through criteria de- erences for which in-network prescribers and beneficiary as potentially being an at-risk veloped by the Secretary in consultation pharmacies the beneficiary would prefer the beneficiary for prescription drug abuse, in- with PDP sponsors and other stakeholders PDP sponsor select in response to a notice cluding an explanation of the drug manage- described in subsection section ll(g)(2)(A) under subparagraph (B), the PDP sponsor ment program established by the PDP spon- of the Comprehensive Addiction and Recov- shall— sor pursuant to subparagraph (A); ery Act of 2016 based on clinical factors indi- ‘‘(aa) review such preferences; ‘‘(V) clear instructions that explain how cating misuse or abuse of prescription drugs ‘‘(bb) select or change the selection of a the beneficiary can contact the PDP sponsor described in subparagraph (G), including dos- prescriber or pharmacy for the beneficiary in order to submit to the PDP sponsor the age, quantity, duration of use, number of and based on such preferences; and preferences described in subclause (IV) and reasonable access to prescribers, and number ‘‘(cc) inform the beneficiary of such selec- any other communications relating to the of and reasonable access to pharmacies used tion or change of selection. drug management program for at-risk bene- to obtain such drug; or ‘‘(II) EXCEPTION.—In the case that the PDP ficiaries established by the PDP sponsor; ‘‘(II) with respect to whom the PDP spon- sponsor determines that a change to the se- ‘‘(VI) contact information for other organi- sor of a prescription drug plan, upon enroll- lection of a prescriber or pharmacy under zations that can provide the beneficiary with ing such individual in such plan, received no- item (bb) by the PDP sponsor is contributing information regarding drug management tice from the Secretary that such individual or would contribute to prescription drug program for at-risk beneficiaries (similar to was identified under this paragraph to be an abuse or drug diversion by the beneficiary, the information provided by the Secretary in at-risk beneficiary for prescription drug the PDP sponsor may change the selection of other standardized notices to part D eligible abuse under a prescription drug plan in a prescriber or pharmacy for the beneficiary. individuals enrolled in prescription drug which such individual was previously en- If the PDP sponsor changes the selection plans under this part); and rolled and such identification has not been pursuant to the preceding sentence, the PDP ‘‘(VII) notice that the beneficiary has a terminated under subparagraph (F). sponsor shall provide the beneficiary with— right to an appeal pursuant to subparagraph ‘‘(ii) EXEMPTED INDIVIDUAL DESCRIBED.—An ‘‘(aa) at least 30 days written notice of the (E). exempted individual described in this clause change of selection; and ‘‘(iii) SECOND NOTICE.—A second written nois an individual who— ‘‘(bb) a rationale for the change. tice described in this clause is a notice that ‘‘(I) receives hospice care under this title; ‘‘(III) TIMING.—An at-risk beneficiary for provides to the beneficiary notice— ‘‘(II) resides in a long-term care facility, a prescription drug abuse may choose to ex- ‘‘(I) that the PDP sponsor has identified facility described in section 1905(d), or other press their prescriber and pharmacy pref- the beneficiary as an at-risk beneficiary for facility under contract with a single phar- erence and communicate such preference to prescription drug abuse; macy; or their PDP sponsor at any date while enrolled

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.019 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 10, 2016 CONGRESSIONAL RECORD — SENATE S1415 in the program, including after a second no- shall share information with respect to indi- ‘‘(iii) Consultation with the contractor de- tice under subparagraph (B)(iii) has been viduals who are at-risk beneficiaries for prescribed in subparagraph (B) to verify if an in- provided. scription drug abuse (or individuals who are dividual enrolling in a prescription drug plan ‘‘(iv) CONFIRMATION.—Before selecting a potentially at-risk beneficiaries for prescrip- offered by a PDP sponsor has been previously prescriber or pharmacy under this subpara- tion drug abuse) and enrolled in a prescrip- identified by another PDP sponsor as an in- graph, a PDP sponsor must notify the pre- tion drug plan and who subsequently dividual described in clause (ii)(I). scriber and pharmacy that the beneficiary disenroll from such plan and enroll in an- ‘‘(B) REPORTING.—A PDP sponsor offering a involved has been identified for inclusion in other prescription drug plan offered by an- prescription drug plan in a State shall sub- the drug management program for at-risk other PDP sponsor. mit to the Secretary and the Medicare drug beneficiaries and that the prescriber and ‘‘(J) PRIVACY ISSUES.—Prior to the imple- integrity contractor with which the Sec- pharmacy has been selected as the bene- mentation of the rules and procedures under retary has entered into a contract under sec- ficiary’s designated prescriber and phar- this paragraph, the Secretary shall clarify tion 1893 with respect to such State a report, macy. privacy requirements, including require- on a monthly basis, containing information ‘‘(E) APPEALS.—The identification of an in- ments under the regulations promulgated on— dividual as an at-risk beneficiary for pre- pursuant to section 264(c) of the Health In- ‘‘(i) any provider of services or supplier description drug abuse under this paragraph, a surance Portability and Accountability Act scribed in subparagraph (A)(ii)(II) that is coverage determination made under a drug of 1996 (42 U.S.C. 1320d–2 note), related to the identified by such plan sponsor during the 30- management program for at-risk bene- sharing of data under subparagraphs (H) and day period before such report is submitted; ficiaries, and the selection of a prescriber or (I) by PDP sponsors. Such clarification shall and pharmacy under subparagraph (D) with re- provide that the sharing of such data shall ‘‘(ii) the name and prescription records of spect to such individual shall be subject to be considered to be protected health infor- individuals described in paragraph (5)(C). an expedited reconsideration and appeal pur- mation in accordance with the requirements ‘‘(C) CMS COMPLIANCE REVIEW.—The Sec- suant to subsection (h). of the regulations promulgated pursuant to retary shall ensure that plan sponsor annual ‘‘(F) TERMINATION OF IDENTIFICATION.— such section 264(c). compliance reviews and program audits in- ‘‘(i) IN GENERAL.—The Secretary shall de- ‘‘(K) EDUCATION.—The Secretary shall pro- clude a certification that utilization man- velop standards for the termination of iden- vide education to enrollees in prescription agement tools under this paragraph are in tification of an individual as an at-risk bene- drug plans of PDP sponsors and providers re- compliance with the requirements for such ficiary for prescription drug abuse under this garding the drug management program for tools.’’. paragraph. Under such standards such identi- at-risk beneficiaries described in this para- (c) TREATMENT OF CERTAIN COMPLAINTS FOR fication shall terminate as of the earlier of— graph, including education— PURPOSES OF QUALITY OR PERFORMANCE AS- ‘‘(I) the date the individual demonstrates ‘‘(i) provided through the improper pay- SESSMENT.—Section 1860D–42 of the Social that the individual is no longer likely, in the ment outreach and education program de- Security Act (42 U.S.C. 1395w–152) is amended absence of the restrictions under this para- scribed in section 1874A(h); and by adding at the end the following new sub- graph, to be an at-risk beneficiary for pre- ‘‘(ii) through current education efforts section: scription drug abuse described in subpara- (such as State health insurance assistance ‘‘(d) TREATMENT OF CERTAIN COMPLAINTS graph (C)(i); or programs described in subsection (a)(1)(A) of FOR PURPOSES OF QUALITY OR PERFORMANCE ‘‘(II) the end of such maximum period of section 119 of the Medicare Improvements for ASSESSMENT.—In conducting a quality or identification as the Secretary may specify. Patients and Providers Act of 2008 (42 U.S.C. performance assessment of a PDP sponsor, ‘‘(ii) RULE OF CONSTRUCTION.—Nothing in 1395b–3 note)) and materials directed toward the Secretary shall develop or utilize exist- clause (i) shall be construed as preventing a such enrollees. ing screening methods for reviewing and con- plan from identifying an individual as an at- ‘‘(L) CMS COMPLIANCE REVIEW.—The Sec- sidering complaints that are received from risk beneficiary for prescription drug abuse retary shall ensure that existing plan spon- enrollees in a prescription drug plan offered under subparagraph (C)(i) after such termi- sor compliance reviews and audit processes by such PDP sponsor and that are com- nation on the basis of additional information include the drug management programs for plaints regarding the lack of access by the on drug use occurring after the date of no- at-risk beneficiaries under this paragraph, individual to prescription drugs due to a tice of such termination. including appeals processes under such pro- drug management program for at-risk beneficiaries.’’. ‘‘(G) FREQUENTLY ABUSED DRUG.—For pur- grams.’’. (d) SENSE OF CONGRESS REGARDING USE OF poses of this subsection, the term ‘frequently (2) INFORMATION FOR CONSUMERS.—Section TECHNOLOGY TOOLS TO COMBAT FRAUD.—It is abused drug’ means a drug that is deter- 1860D–4(a)(1)(B) of the Social Security Act (42 the sense of Congress that MA organizations mined by the Secretary to be frequently U.S.C. 1395w–104(a)(1)(B)) is amended by add- and PDP sponsors should consider using e- abused or diverted and that is— ing at the end the following: prescribing and other health information ‘‘(i) a Controlled Drug Substance in Sched- ‘‘(v) The drug management program for at- technology tools to support combating fraud ule CII; or risk beneficiaries under subsection (c)(5).’’. under MA–PD plans and prescription drug ‘‘(ii) within the same class or category of (3) DUAL ELIGIBLES.—Section 1860D– plans under parts C and D of the Medicare drugs as a Controlled Drug Substance in 1(b)(3)(D) of the Social Security Act (42 Program. Schedule CII, as determined through notice U.S.C. 1395w–101(b)(3)(D)) is amended by in- (e) GAO STUDY AND REPORT.— and comment rulemaking. serting ‘‘, subject to such limits as the Sec- (1) STUDY.—The Comptroller General of the ‘‘(H) DATA DISCLOSURE.— retary may establish for individuals identi- United States shall conduct a study on the ‘‘(i) DATA ON DECISION TO IMPOSE LIMITA- fied pursuant to section 1860D–4(c)(5)’’ after implementation of the amendments made by TION.—In the case of an at-risk beneficiary ‘‘the Secretary’’. this section, including the effectiveness of for prescription drug abuse (or an individual (b) UTILIZATION MANAGEMENT PROGRAMS.— the at-risk beneficiaries for prescription who is a potentially at-risk beneficiary for Section 1860D–4(c) of the Social Security Act drug abuse drug management programs au- prescription drug abuse) whose access to cov- (42 U.S.C. 1395w–104(c)), as amended by sub- thorized by section 1860D–4(c)(5) of the Social erage for frequently abused drugs under a section (a)(1), is amended— Security Act (42 U.S.C. 1395w–10(c)(5)), as prescription drug plan has been limited by a (1) in paragraph (1), by inserting after sub- added by subsection (a)(1). Such study shall PDP sponsor under this paragraph, the Sec- paragraph (D) the following new subpara- include an analysis of— retary shall establish rules and procedures to graph: (A) the impediments, if any, that impair require such PDP sponsor to disclose data, ‘‘(E) A utilization management tool to pre- the ability of individuals described in sub- including necessary individually identifiable vent drug abuse (as described in paragraph paragraph (C) of such section 1860D–4(c)(5) to health information, about the decision to (5)(A)).’’; and access clinically appropriate levels of pre- impose such limitations and the limitations (2) by adding at the end the following new scription drugs; imposed by the PDP sponsor under this part. paragraph: (B) the effectiveness of the reasonable ac- ‘‘(ii) DATA TO REDUCE FRAUD, ABUSE, AND ‘‘(6) UTILIZATION MANAGEMENT TOOL TO PRE- cess protections under subparagraph (D)(ii) WASTE.—The Secretary shall establish rules VENT DRUG ABUSE.— of such section 1860D–4(c)(5), including the and procedures to require PDP sponsors op- ‘‘(A) IN GENERAL.—A tool described in this impact on beneficiary access and health; erating a drug management program for at- paragraph is any of the following: (C) how best to define the term ‘‘des- risk beneficiaries under this paragraph to ‘‘(i) A utilization tool designed to prevent ignated pharmacy’’, including whether the provide the Secretary with such data as the the abuse of frequently abused drugs by indi- definition of such term should include an en- Secretary determines appropriate for pur- viduals and to prevent the diversion of such tity that is comprised of a number of loca- poses of identifying patterns of prescription drugs at pharmacies. tions that are under common ownership and drug utilization for plan enrollees that are ‘‘(ii) Retrospective utilization review to that electronically share a real-time, online outside normal patterns and that may indi- identify— database and whether such a definition cate fraudulent, medically unnecessary, or ‘‘(I) individuals that receive frequently would help to protect and improve bene- unsafe use. abused drugs at a frequency or in amounts ficiary access; ‘‘(I) SHARING OF INFORMATION FOR SUBSE- that are not clinically appropriate; and (D) the types of— QUENT PLAN ENROLLMENTS.—The Secretary ‘‘(II) providers of services or suppliers that (i) individuals who, in the implementation shall establish procedures under which PDP may facilitate the abuse or diversion of fre- of such section, are determined to be individ- sponsors who offer prescription drug plans quently abused drugs by beneficiaries. uals described in such subparagraph; and

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.019 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1416 CONGRESSIONAL RECORD — SENATE March 10, 2016 (ii) prescribers and pharmacies that are se- 4(c) should be applied, such as the use of clin- ‘‘(6) the term ‘drug’ means a drug, as de- lected under subparagraph (D) of such sec- ical appropriateness in determining whether fined in section 201 of the Federal Food, tion; an enrollee is an at-risk beneficiary for pre- Drug, and Cosmetic Act (21 U.S.C. 321).’’. (E) the extent of prescription drug abuse scription drug abuse as defined in subpara- The PRESIDING OFFICER. The ma- beyond Controlled Drug Substances in graph (C) of such paragraph (5); jority leader. Schedule CII in parts C and D of the Medi- (v) the information to be included in the care program; and notices described in subparagraph (B) of such f (F) other areas determined appropriate by section and the standardization of such no- MORNING BUSINESS the Comptroller General. tices; (2) REPORT.—Not later than July 1, 2019, (vi) with respect to a PDP sponsor that es- Mr. MCCONNELL. Madam President, the Comptroller General of the United States tablishes a drug management program for I ask unanimous consent that the Sen- shall submit to the appropriate committees at-risk beneficiaries under such paragraph ate be in a period of morning business, of jurisdiction of Congress a report on the (5), the responsibilities of such PDP sponsor with Senators permitted to speak study conducted under paragraph (1), to- with respect to the implementation of such therein for up to 10 minutes each. gether with recommendations for such legis- program; The PRESIDING OFFICER. Without lation and administrative action as the (vii) notices for plan enrollees at the point objection, it is so ordered. Comptroller General determines to be appro- of sale that would explain why an at-risk f priate. beneficiary has been prohibited from receiv- (f) REPORT BY SECRETARY.— ing a prescription at a location outside of UNANIMOUS CONSENT AGREE- (1) IN GENERAL.—Not later than 12 months the designated pharmacy; MENT—EXECUTIVE CALENDAR after the date of the enactment of this Act, (viii) evidence-based prescribing guidelines Mr. MCCONNELL. Madam President, the Secretary of Health and Human Services for opiates; and shall submit to the appropriate committees (ix) the sharing of claims data under parts I ask unanimous consent that on Mon- of jurisdiction of Congress a report on ways A and B with PDP sponsors. day, March 14, at 4 p.m., the Senate to improve upon the appeals process for (C) RULEMAKING.—The Secretary of Health proceed to executive session to con- Medicare beneficiaries with respect to pre- and Human Services shall, taking into ac- sider the following nomination: Cal- scription drug coverage under part D of title count the input gathered pursuant to sub- endar No. 476, that there be 90 minutes XVIII of the Social Security Act. Such re- paragraph (A) and after providing notice and for debate only on the nomination, port shall include an analysis comparing ap- an opportunity to comment, promulgate reg- peals processes under parts C and D of such equally divided in the usual form; that ulations to carry out the provisions of, and title XVIII. upon the use or yielding back of time, amendments made by subsections (a) and (b). (2) FEEDBACK.—In development of the re- the Senate vote on the nomination port described in paragraph (1), the Sec- TITLE VIII—TRANSNATIONAL DRUG without intervening action or debate; retary of Health and Human Services shall TRAFFICKING ACT that if confirmed, the motion to recon- solicit feedback on the current appeals proc- SEC. 801. SHORT TITLE. sider be considered made and laid upon ess from stakeholders, such as beneficiaries, This title may be cited as the the table; that the President be imme- consumer advocates, plan sponsors, phar- ‘‘Transnational Drug Trafficking Act of diately notified of the Senate’s action macy benefit managers, pharmacists, pro- 2015’’. viders, independent review entity evaluators, and then the Senate resume legislative and pharmaceutical manufacturers. SEC. 802. POSSESSION, MANUFACTURE OR DIS- session without any intervening action TRIBUTION FOR PURPOSES OF UN- (g) EFFECTIVE DATE.— or debate. LAWFUL IMPORTATIONS. (1) IN GENERAL.—Except as provided in sub- The PRESIDING OFFICER. Without section (d)(2), the amendments made by this Section 1009 of the Controlled Substances objection, it is so ordered. section shall apply to prescription drug plans Import and Export Act (21 U.S.C. 959) is The Senator from Iowa. amended— for plan years beginning on or after January f 1, 2018. (1) by redesignating subsections (b) and (c) (2) STAKEHOLDER MEETINGS PRIOR TO EFFEC- as subsections (c) and (d), respectively; and SENATE ACCOMPLISHMENTS TIVE DATE.— (2) in subsection (a), by striking ‘‘It shall’’ and all that follows and inserting the fol- Mr. GRASSLEY. Madam President, (A) IN GENERAL.—Not later than January 1, as many Iowans know, I made a prac- 2017, the Secretary of Health and Human lowing: ‘‘It shall be unlawful for any person Services shall convene stakeholders, includ- to manufacture or distribute a controlled tice of holding townhall meetings in ing individuals entitled to benefits under substance in schedule I or II or each of the 99 counties of my State part A of title XVIII of the Social Security flunitrazepam or a listed chemical intending, every year. It has become known in the Act or enrolled under part B of such title of knowing, or having reasonable cause to be- media as a ‘‘Full Grassley.’’ That is not such Act, advocacy groups representing such lieve that such substance or chemical will be something I named it. That is some- individuals, clinicians, plan sponsors, phar- unlawfully imported into the United States thing someone else named it. It is kind macists, retail pharmacies, entities dele- or into waters within a distance of 12 miles of a flattering name, but in some ways of the coast of the United States. gated by plan sponsors, and biopharma- it does not make sense because the ‘‘(b) It shall be unlawful for any person to ceutical manufacturers for input regarding townhalls are not about Senator the topics described in subparagraph (B). The manufacture or distribute a listed chem- GRASSLEY. They are about hearing input described in the preceding sentence ical— shall be provided to the Secretary in suffi- ‘‘(1) intending or knowing that the listed from Iowans whom I am proud to serve. cient time in order for the Secretary to take chemical will be used to manufacture a con- They are about hearing about the real such input into account in promulgating the trolled substance; and problems my constituents have, and, of regulations pursuant to subparagraph (C). ‘‘(2) intending, knowing, or having reason- course, from our end, trying to find (B) TOPICS DESCRIBED.—The topics de- able cause to believe that the controlled sub- practical solutions to those problems. scribed in this subparagraph are the topics stance will be unlawfully imported into the That is what I work on every day. I of— United States.’’. suppose all of my colleagues would say (i) the impact on cost-sharing and ensuring SEC. 803. TRAFFICKING IN COUNTERFEIT GOODS that is what they work on every day. accessibility to prescription drugs for enroll- OR SERVICES. On many occasions at my townhall ees in prescription drug plans of PDP spon- Chapter 113 of title 18, United States Code, meetings in recent years, Iowans have sors who are at-risk beneficiaries for pre- is amended— asked me why the Senate never gets scription drug abuse (as defined in paragraph (1) in section 2318(b)(2), by striking ‘‘sec- (5)(C) of section 1860D–4(c) of the Social Se- tion 2320(e)’’ and inserting ‘‘section 2320(f)’’; anything done. Both parties probably curity Act (42 U.S.C. 1395w–10(c))); and shoulder some of the blame for this at- (ii) the use of an expedited appeals process (2) in section 2320— titude out there at the grassroots, but under which such an enrollee may appeal an (A) in subsection (a), by striking paragraph the reality is that the most obvious, identification of such enrollee as an at-risk (4) and inserting the following: the most glaring, the most unmistak- beneficiary for prescription drug abuse under ‘‘(4) traffics in a drug and knowingly uses able reason for the Senate’s recent pa- such paragraph (similar to the processes es- a counterfeit mark on or in connection with ralysis is the way Democratic Leader tablished under the Medicare Advantage pro- such drug,’’; REID ran it before he was toppled as gram under part C of title XVIII of the So- (B) in subsection (b)(3), in the matter pre- majority leader. cial Security Act); ceding subparagraph (A), by striking ‘‘coun- (iii) the types of enrollees that should be terfeit drug’’ and inserting ‘‘drug that uses a When the Democratic leader was in treated as exempted individuals, as described counterfeit mark on or in connection with control of the Senate, he was the one in clause (ii) of such paragraph; the drug’’; and who decided not to empower his com- (iv) the manner in which terms and defini- (C) in subsection (f), by striking paragraph mittee chairs to craft and advance bi- tions in paragraph (5) of such section 1860D– (6) and inserting the following: partisan legislation. He decided not to

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.019 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 10, 2016 CONGRESSIONAL RECORD — SENATE S1417 give all Members, Republican and more just. This is another example of a should take a moment to appreciate Democratic alike, a real opportunity to real problem we can solve together. the bipartisan process through which participate in the process. He decided Also, in July of last year, the com- the Senate just passed this CARA bill. not to empower the Senate to address mittee passed my Juvenile Justice and As the Republican chairman of the Ju- real problems that real people face Delinquency Prevention Reauthoriza- diciary Committee, I moved a Demo- every day. tion Act, again, without opposition. cratic bill through the committee. It Instead, he chose dysfunction and The bill will ensure that at-risk youth passed without opposition. Then the gridlock over practicality and problem are fairly and effectively served by ju- Republican leader promptly scheduled solving. By November 2014, the Amer- venile justice grant programs. These the bill for floor consideration. I don’t ican people had finally had enough. important programs provide the chance recall that ever happening under the After the American people spoke, the for kids to get back on the right track former Democratic leadership. The Democratic leader no longer controlled so they will not enter the criminal jus- Senate had rollcall votes on four the Senate. Since the Senate has been tice system as adults. Every one of amendments, although the Republican under Republican leadership, things these young people are worth helping leader offered more such votes on have started to work again. You see it to reach their greatest potential. Sen- Democratic amendments. All four of in the latest example of this bill pass- ator WHITEHOUSE, a Democrat from those amendments were offered by ing almost unanimously. So this is an Rhode Island, and I are working hard Democratic Senators, and the bill example of Senators partnering across to move this bill through the full Sen- passed overwhelmingly, as amended. the aisle. Legislation is moving. The ate. I thank him for working with me This process would have been unthink- result is real progress on real issues on it. able under the Democratic leader. This facing our country. There are many other bipartisan ac- simply would not have happened. You I am proud the Judiciary Committee complishments of this Senate that the know the statistics. There were 18 roll- has played its part. As chairman, my Judiciary Committee cannot take cred- call votes on amendments all during goal has been to open the process and it for. I will not try to go through all the year 2014. During 2015, we had 198 seek as much consensus as possible. of them, of course, but one example rollcall votes on amendments and only The results reflect that. We have re- that comes to mind was the out- 4 more Republican amendments than ported 21 bills out of committee, all standing work of Senator BURR, a Re- Democratic amendments. with bipartisan support. I would like to publican, Senator FEINSTEIN, a Demo- Yes, once again the Democratic lead- walk through some of these results be- crat, on the cyber security bill. That er tried to manufacture a controversy cause there is a lot of credit to go legislation passed the Senate on a solid when this bill first came to the floor around on both sides of the aisle. 74-to-21 vote. A conference version of it about a week ago Monday, this time Last February the committee passed was later signed into law by the Presi- over some alleged funding for this her- the Justice for Victims of Trafficking dent. With reports of breaches of our oin-opioid epidemic. But when $400 mil- Act. We passed it unanimously, 19 to 0. personal data on an almost daily basis, lion in newly appropriated money for it The bill enhances penalties for human it is self-evident that this bill helped to hasn’t even been spent yet, well, that trafficking and equips law enforcement address a real problem that has af- argument by the Democratic leader with new tools to target predators who fected millions of Americans. was a tough one to sell. That brings me to the Senate’s pas- traffic in innocent young people. The Over the last few days, the Demo- sage of the bill that was just voted on, bill passed the Senate 99 to 0 and was cratic leader played some games with the Comprehensive Addiction and Re- passed into law. negotiations on a managers’ package of Yes, there were some bumps along covery Act—CARA, for short. It passed amendments. The Republican side, the today with an overwhelming bipartisan the way. When the Democratic leader majority side, worked hard to clear vote. This legislation reflects the Sen- realized that genuine bipartisanship amendments offered by many Demo- ate at its finest, working in a bipar- had broken out and that we might ac- crats, including Senators DURBIN, tisan way to address an awful epidemic tually accomplish something, a con- GILLIBRAND, HEINRICH, KAINE, MCCAS- that is gripping our country. troversy had to be manufactured about I thank the authors of CARA for KILL, BLUMENTHAL, SCHATZ, HEITKAMP, the Hyde amendment on that par- their leadership in crafting the legisla- and CARDIN, but the Democratic leader ticular trafficking bill, but eventually tion and working with me to move it objected to completely uncontrover- the Democratic leader took yes for an through the Judiciary Committee and sial, commonsense amendments that answer and the bill got done. out of that committee unanimously. In would be in the package offered by two This victory was a credit to the lead- OHNSON particular, I thank Senators PORTMAN, Republicans, Senator J and ership of one Democrat and one Repub- AYOTTE, WHITEHOUSE, and KLOBUCHAR; Senator KIRK. Why? Simply because lican—Senator CORNYN and Senator you see, two Democrats and two Re- these Republican Senators are up for KLOBUCHAR. Their bill provided real so- publicans. Real lives will be saved be- reelection this year, and under those lutions for real victims of trafficking. cause of the leadership of this bipar- circumstances, we couldn’t reach an A few months later, in October, the tisan group. That is not something we agreement. So all these Democratic committee passed the Sentencing Re- can say every day around the Senate. I amendments didn’t go because the form and Corrections Act. Sentencing know the efforts of those Senators and Democratic leader had objection to two reform is a difficult and complex issue. others to address this epidemic stretch Republican, relatively noncontrover- Many Senators have strongly held back a few years. sial amendments, one of them abso- views. Despite that, the bill emerged It is a shame the Democratic leader lutely noncontroversial. from our committee with a strong 15- decided not to address this crisis at the How noncontroversial were these to-5 bipartisanship vote. My bill would early stage when he was deciding the amendments? Let me give you one ex- recalibrate prison sentences for certain agenda of the Senate, but he decided ample. Senator JOHNSON wanted to add drug offenders, target violent crimi- not to act, even in the face of mount- the Indian Health Service as a member nals, and grant judges greater discre- ing evidence that the country was fac- of the task force the bill creates to de- tion at sentencing for low-level, non- ing a grave and gathering epidemic of velop best prescribing practices for violent drug crimes. I am grateful for heroin and opioid painkiller overdoses. opioids. I suspect many Americans, in- the Senators who have partnered with Deaths from prescription opioid pain- cluding even people living in the State me on this legislation, especially Sen- killers rose over 30 percent from 2007 to of Nevada, would think Senator JOHN- ators DURBIN, CORNYN, WHITEHOUSE, 2014. Heroin overdose deaths more than SON’s idea is a good one. Addiction is a and LEE. I am hopeful that if we keep quadrupled during that time. Heroin problem for so many in our country, working together, landmark sen- seizures at the southwest border more and the Native American community is tencing reform can be another major than quadrupled as well. All the while, unfortunately no exception. But this is accomplishment of this Senate. Time the Democratic leader never brought a the kind of dysfunction, the kind of is growing short, but I cannot think of bill to the floor to address the crisis. gridlock that the Democratic leader is a more productive use of the Senate’s So given the dysfunction that had known for. A good idea becomes a bad time than to make our criminal laws overtaken the Senate not long ago, we idea if it is simply offered by a Member

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.013 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1418 CONGRESSIONAL RECORD — SENATE March 10, 2016 of the Republican Party, and that espe- The PRESIDING OFFICER. The shaped history in a life that spanned cially is the case if you are a Repub- clerk will call the roll. nine decades.’’ lican up for reelection. The senior assistant legislative clerk There was an article about Miguel in As CARA’s name reflects, the bill ad- proceeded to call the roll. the Santa Fe New Mexican, and they dresses this epidemic comprehensively, Mr. UDALL. Madam President, I ask put it this way: ‘‘An ace in the air, a supporting prevention, education, unanimous consent that the order for scholar on the ground.’’ treatment, recovery, and law enforce- the quorum call be rescinded. He earlier obtained a degree in polit- ment. CARA begins with prevention The PRESIDING OFFICER. Without ical science at Georgetown University and education. The bill authorizes objection, it is so ordered. and a master’s degree at the Institute awareness and education campaigns so Mr. UDALL. Madam President, I ask of Political Studies in Paris. that the public understands the dan- unanimous consent to speak in morn- In 1995 he was requested by President gers of becoming addicted. It also cre- ing business for such time as I may Clinton to serve on the World War II ates a national task force to develop consume. Memorial Advisory Board. By the time best prescribing practices, as I men- The PRESIDING OFFICER. Without the memorial was built in 2004, Dr. tioned. The bill encourages the use of objection, it is so ordered. Encinias was the only living member of prescription drug monitoring pro- f the board to see it completed. It was a grams, such as those in my State of happy day for him. REMEMBERING DR. MIGUEL Iowa, which help to detect and deter In an interview with the Albuquerque ENCINIAS what is called doctor shopping behav- Journal, Dr. Encinias’s son, Juan- iors by addicts. The bill authorizes an Mr. UDALL. Madam President, I rise Pablo Encinias, summed up what so expansion of the Federal program that today to remember a great New Mexi- many who knew Dr. Encinias under- allows patients to safely dispose of old can and a great American, Dr. Miguel stood: ‘‘It’s kind of amazing how much or unused medications so that these Encinias, who passed away on Satur- he accomplished,’’ his son said. ‘‘He drugs don’t fall into the hands of young day, February 20, at the age of 92. really didn’t stop.’’ people. In fact, along with a few other New Mexico has a long and proud tra- Those accomplishments, according to committee members, I helped start the dition of military service. Dr. Encinias the Journal, included teaching His- original take-back program in 2010 is often called ‘‘New Mexico’s most panic literature at two universities and through the Secure and Responsible decorated veteran.’’ He fought in three developing bilingual education in New Drug Disposal Act. wars and was the recipient of 3 Distin- Mexico schools. CARA also focuses on treatment and guished Flying Crosses, 14 Air Medals, Dr. Encinias also found the time to recovery. The bill authorizes programs and 2 Purple Hearts. His military ca- write several books on New Mexico his- to provide first responders with train- reer is one of courage and sacrifice. He tory and to fund a theater group and a ing to use naloxone, a drug that can re- later played an important role in the light opera company in Albuquerque. verse the effects of an opioid overdose creation of the World War II Memorial His son Juan-Pablo also remarked to and directly save lives. Critically, the here in Washington, DC. the Journal that Dr. Encinias ‘‘was bill provides that a set portion of If the measure of a life is living to very just and felt very strongly about naloxone funding go to rural areas, like the utmost of one’s talents and giving people getting their fair shake in life.’’ much of Iowa, which are being affected the utmost of one’s self, Miguel Dr. Encinias was honored for his most acutely. This is critical when Encinias is an inspiration to all of us. work for civil rights and social justice someone overdoses and isn’t near a I think that is why he will long be re- by the New Mexico LULAC branch in hospital. membered with such admiration and 2007 and the Hispano Roundtable of The bill also authorizes an expansion gratitude. New Mexico in 2011. As important as of Drug-Free Communities Act grants His service began at the young age of the medals and honors are, they aren’t to those areas that are most dramati- 16 when he joined the New Mexico Na- the most important thing we will re- cally affected by the opioid epidemic. tional Guard in 1939. Within 4 years, he member about Dr. Encinias. It is the And it also authorizes funds for pro- had become a second lieutenant and a example he set in always doing his grams that encourage the use of medi- pilot in the Army Air Corps. Over the best, in always giving back, both in cation-assisted treatment, provide next three decades he fought with dis- wartime and at home. community-based support for those in tinction in three wars: World War II, His daughter Isabel shared with me recovery, and address the unique needs the Korean war, and Vietnam. that although her father had incredibly of pregnant and postpartum women As his friend and mine, Ralph high standards and was very tough, he who are addicted to opioids. Arellanes, who is chairman of the Finally, the bill also bolsters law en- had an incredible amount of compas- Hispano Roundtable of New Mexico, forcement efforts as well. The bill re- sion and always fought for the under- said of Miguel: Miguel flew 245 combat authorizes Federal funding for State dog. missions as a fighter pilot. Few Amer- task forces that specifically address Whether risking his own life to save ican aviators in history have flown heroin trafficking. that of his fellow airmen or fighting for So in all these ways, CARA will help combat missions in three wars. Miguel quality education and opportunity for real people address the very real epi- was one of them. everyone, Miguel Encinias committed demic. The eastern part of my State He was shot down over Italy in 1944 himself to the needs of others. has been hit the hardest. The human and served over 15 months in a Nazi On November 11, 1995, at the World costs of what is happening across so prison camp. He volunteered to go to War II Memorial site dedication, Dr. many of these communities is incalcu- Korea and was shot down again but not Encinias was introduced by the chair- lable. Every life that is lost or changed captured. He answered the call of his man of the Joint Chiefs of Staff. He re- forever by this crisis is precious, espe- country many times with great cour- ceived a standing ovation from Presi- cially for many young people who fall age and sacrifice. dent Clinton and everyone present. victim to addiction early in their lives. Dr. Encinias retired as a lieutenant They knew they were seeing a true pa- There is so much human potential at colonel in 1971, but if that was the con- triot and a true hero and a great Amer- stake. clusion of his storied military career, ican. On that day, President Clinton I can’t wait until my next townhall it was just the beginning of new accom- thanked Dr. Encinias and said for meeting. I am going to be proud to ex- plishments and new achievements. He ‘‘your truly remarkable service to our plain how the Senate did something returned to New Mexico and earned a nation.’’ today that will help so many people in doctorate in Hispanic literature at the To all who knew this extraordinary Iowa and around the Nation, Repub- University of New Mexico. man and who mourn him now, we know licans and Democrats working to- In an article about his life, the Albu- his life was indeed a remarkable story gether. Let’s keep it going. querque Journal said: ‘‘As a scholar, of courage, of dedication, and of gen- I yield the floor. educator, New Mexico historian, and erosity of spirit. Madam President, I suggest the ab- decorated combat flyer in three wars, Madam President, my State has lost sence of a quorum. Miguel Encinias both studied and one of its heroes. Over the course of a

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.014 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 10, 2016 CONGRESSIONAL RECORD — SENATE S1419 long and distinguished life, Dr. Miguel for Pakistan to buy American-made the United States is to see through Encinias always found ways to serve, fighter jets or whether we would prefer good things happening for our country. and New Mexico and our Nation are for them to buy Russian jets or French That is what foreign policy is about. It better for it. jets. This is what this is about. is about pursuing our national inter- My wife Jill and I extend our sincere There are some issues that people ests. condolences to the Encinias family on have raised about potential subsidies It is my strong belief that the Sen- the passing of Dr. Encinias. We honor for this. I know Senator CARDIN, who is ate’s voting today, in essence, to begin his courage, we honor his service, and on the floor right now, and myself both the process of denying Pakistan the we mourn his loss with the family. have a hold on that—a hold to ensure ability to purchase U.S. fighter jets is Thank you very much. that there is some behavior changes not a way to engender things that are I suggest the absence of a quorum. that take place in Pakistan before any good for our own U.S. national inter- The PRESIDING OFFICER. The U.S. dollars go toward this sale. ests. A better way is for us to continue clerk will call the roll. But this vote is not about that. This The senior assistant legislative clerk to put pressure on them as we are vote is a vote about whether we believe doing at present, placing holds on fi- proceeded to call the roll. that countries around the world are Mr. CORKER. Madam President, I nancing until they do some things to better off buying U.S. made materials ask unanimous consent that the order change their behavior and work with or whether we think they should buy for the quorum call be rescinded. us more fully relative to the Haqqani The PRESIDING OFFICER. Without them from Russia or France. That is network, in particular, but also Al objection, it is so ordered. what this is about in its entirety. Qaeda and the Taliban. We are seeking some behavior f So I would urge my fellow citizens changes with Pakistan relative to how and fellow Senators to please think SALE OF FIGHTER JETS TO they are dealing with the Taliban, with about the long-term interests of our PAKISTAN how they are dealing with the Haqqani country, to think about when a coun- Mr. CORKER. Madam President, I network. It is something that General try is radicalized and has so many rise to speak about the discharge vote Campbell, who has been in charge of problems as the country of Pakistan that will take place momentarily. I Afghanistan from a military stand- has, the public embarrassment that just want to say that I know that point, has pushed for. We are working will take place by our body doing this. many people in our country and cer- closely with our military and others to Let’s work together in other ways that tainly in this body have significant try to effect the behavior changes that actually can generate behavior change frustrations with the country of Paki- are necessary for us to have an appro- by dealing with this in a more subtle stan. This Senator is one of those. I priate response in Afghanistan—but way than this blunt object that we are have been to Afghanistan multiple this is a foreign policy issue. dealing with today. Again, everyone in this body, thank- times. I have visited Pakistan multiple I want to close with this—and I know fully, is very concerned about our for- times. Our relationship is one that is Senator CARDIN wants to speak, and I eign policy. Foreign policy, I might very complex. Certainly, Pakistan has know he has a meeting to go to. What say, sometimes has to have a degree of been duplicitous in many ways with us we are voting on, if we discharge this, nuance to it. We are working with peo- relative to their relationship with the is that we are voting on whether we ple and with relationships that matter. Taliban and with Al Qaeda and, cer- would rather for Pakistan to purchase It matters deeply to the people who we tainly and most importantly, as it re- U.S.-made fighter jets, which carry have on the ground, the men and lates to this particular topic, the with that at least 30 years of mainte- women in uniform in Afghanistan and Haqqani network. nance, meaning that every single year other places. Our efforts around foreign Our country has worked with them to the United States would be involved policy are to do everything we can to clear out the FATA areas, the Feder- with these fighter jets. We could with- ensure we are not utilizing men and ally Administered Tribal Areas. I think draw that at any time if we thought women in uniform to solve a problem, most of us have seen the work that has their behavior continued to be such because that happens when diplomacy taken place there, and they have that we didn’t want to support it. It fails. worked with us closely in that regard. can stop. It maintains our leverage So this is a very nuanced topic, and I There still are issues undoubtedly with Pakistan over the longer haul. can just say that the Senate deciding that exist relative to their relationship That is what our selling them these en bloc to block a sale to Pakistan of with the Haqqani network, in par- pieces of equipment does. It maintains U.S.-made fighter jets is going to be a ticular, but also the Taliban. At the our leverage over them. same time, there are negotiations that huge public embarrassment to the Today, publicly embarrassing them are underway that are very important country of Pakistan, and there are bet- and sending them to Russia or to to create a lasting peace in Afghani- ter ways, in my opinion, for solving France to buy fighter jets ends that le- stan. Even though they play both sides this problem. All of us want to see the verage and humiliates them at a time of the fence—and I understand that— behavior change, and I am privileged to when, in spite of the fact that we don’t and even though we have concerns be in a position to have some effect on like some of the things they do, it in about their relationship with the the financing, as does Senator CARDIN, essence damages our ability to con- Haqqani network, they do play a role and we can deal with this issue in a tinue the negotiations that are taking relative to how those negotiations are more nuanced way. place relative to trying to bring a more taking place. I know some people will say that this I have issues with them. I think ev- is a great thing for back home. Our lasting peace in Afghanistan. eryone in the country of Pakistan by people back home will love this. Sure- I thank you for the time, Madam this point knows that I have issues ly, surely, in this body when it comes President. I yield the floor for my good with them, at least those who are pay- to dealing with a country with nuclear friend and ranking member on the For- ing attention to this issue. arms and dealing with Afghanistan, eign Relations Committee, Senator What this discharge petition is about where we have been for 14 years, how CARDIN. today is that it is voting to discharge we deal with foreign policy will rise The PRESIDING OFFICER. The Sen- something to the Senate floor so that above just the immediate response and ator from Maryland. there can be a vote on ending the al- maybe misunderstandings even that Mr. CARDIN. Thank you, Madam lowance of a sale of some fighter jets. people back home can have about this President. These will be U.S.-made fighter jets. In type of issue. I want to thank Senator CORKER. The spite of some of the rhetoric around This relationship with Pakistan two of us have worked on the Senate this, this has nothing to do with the needs to move beyond the trans- Foreign Relations Committee without potential subsidy that could take place actional way that it is carried out. I any partisanship. These are foreign by U.S. taxpayers. understand that. I understand that peo- policy issues that require the Senate to This is about one thing. It is about ple are frustrated. But at the end of the work together, and I want to thank whether we as a country would prefer day, our goal here as representatives of Senator CORKER for his leadership on

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.015 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1420 CONGRESSIONAL RECORD — SENATE March 10, 2016 the Senate Foreign Relations Com- that it is in our interests, U.S. inter- stan to bring about further progress in mittee on this issue and on many other ests; that it is in the regional interests, all the areas I have talked about. As issues. including the stability of its neighbor, the chairman said, the worst-case sce- Let me first try to explain what we India; and it is in the interests of deal- nario is that we break our relationship believe will happen in the next 45 mining with the fight against the extrem- with Pakistan and other countries step utes. Under the Arms Export Control ists. in, and our ability to get changes in Act, the sale of military armament to As I said earlier, the relationship Pakistan’s practices as they relate to Pakistan requires the administration with Pakistan is complicated. We have support or fighting terrorist organiza- to give formal notification to the Con- several areas of major concern in that tions or nuclear nonproliferation and gress. Prior to that formal notifica- relationship, and we fully understand participation in the Afghan peace talks tion, there is an informal process the reasons Members would be con- could be marginalized. where the administration will inform cerned. We are a strategic partner with In order to maintain the type of bi- the Senate Foreign Relations Com- Pakistan in rooting out terrorism. Let partisan, bilateral pressure on the mittee and the House Foreign Affairs me remind my colleagues, the people of problematic elements of the security Committee that they intend to make a Pakistan have had 40,000 deaths as a re- sector, but while supporting reformers sale. They did that in regard to the F– sult of extremist activities within their in the military and civilian govern- 16s for Pakistan, and that is the issue borders. That is an incredible sacrifice ments, we urge our colleagues that it is we are talking about. that has been made in their campaign important we take this sale to the next For several months we have been in against terrorists, against extremists. level. negotiations with the administration— They have the Haqqani network, which The last point—and Chairman as well as with stakeholders with re- we know has taken out American in- CORKER pointed this out—we are not gard to the sale of the F–16 to Paki- terests in that region, they had the signing off on the foreign military fi- stan—because quite frankly we did fight against ISIS, and they had the nancing part. The administration has have concerns. We had concerns as to fight against LeT, which is a terrorist brought forward a proposal for some re- how it would impact the region, includ- organization within Pakistan that has programming of funds to help pay for ing India. We had concerns about Paki- committed terrorist attacks in India. the F–16 sale to Pakistan. In other stan being a nuclear weapons state. We We want them to focus on all of these words, we would use some of the mon- had concerns about Pakistan’s efforts extremists. At times we don’t get the eys we have already programmed for for counterinsurgency. We had con- full cooperation of Pakistan for these Afghanistan to be used to pay for the cerns about Pakistan’s participation in to be the priorities they go after. Obvi- sale of the F–16s. That requires a the peace process with Afghanistan. All ously, we want to continue our part- signoff from the leadership of the two of those are issues we were able to get nership with Pakistan, but we want authorizing committees. Senator some discussions on and we think some them to deal with the threat of the CORKER and I had not signed off on progress to the F–16 sale. Haqqani network. We want them to that—nor do we intend to sign off on The administration formally notified focus on the threats of ISIS. We want that until we have further explanations Congress of the F–16 sale on February them to concentrate on the desta- on a lot of the issues Senator CORKER 25. At that time the bipartisan leader- bilizing impact that LeT has on the re- and I have already raised. We have ship of the Senate Foreign Relations lationship between Pakistan, India, ample ways of dealing with our bilat- Committee and the House Foreign Af- and the cause of problems in India. We eral relationship with Pakistan, allow- fairs Committee had agreed the admin- want to see more progress. ing the sale formally to go forward by istration should go forward with the On the second front, on the nuclear how the sale will be financed. sale. phase, Pakistan is the fastest growing For all those reasons, I urge my col- What we think will happen under the nuclear stockpile in the world. Our re- leagues to oppose Senator PAUL’s reso- Arms Export Control Act—and any lationship with Pakistan is critically lution and allow us to continue the dip- Member can offer a resolution of dis- important for the certainty, safety, lomatic path in regard to that region. approval—is that Senator PAUL will be and security of the command and con- With that, I yield the floor. offering to bring up a resolution of this trol network of their nuclear arsenal. The PRESIDING OFFICER (Mrs. approval. We think that will take place Are they doing everything we want ERNST). The Senator from Connecticut. in about 45 minutes. It is likely it will them to do in that regard? No. Have we Mr. MURPHY. Madam President, I require a motion to proceed or to bring made significant progress in the safety thank Senator CARDIN and Senator the motion forward, and it is possible of their nuclear stockpile? Yes. Do we CORKER for how diligently they have the leader, the Republican leader, the want to continue our relationship so worked over the course of the last sev- majority leader, may offer a motion to we can continue to make progress? Ab- eral months, as both of them have stat- table in regard to that motion. solutely. ed on the floor, to make this sale much I urge my colleagues to understand The third area we need Pakistan’s co- more palatable and to address many of the next vote will be whether we are operation is in bringing together all the concerns that both the chairman going to take up—or not—the resolu- the stakeholders for a peaceful discus- and the ranking member had about the tion of disapproval. sion of the peace talks in Afghanistan. nature of the sale and this long history Senator CORKER and I both urge our The extreme elements that are located of conflict with the Pakistanis when it colleagues that this resolution not be in Pakistan need to be part of those comes to our mutual concern of con- approved, not be taken up; that we discussions. Pakistan can play a crit- fronting terrorism. allow the sale to go forward but that ical role in helping that come about. The reason I come to the floor is be- we maintain our leverage, as Senator Has Pakistan been helpful? Quite cause this body historically has had a CORKER has explained, because there frankly, they have. They have been history of deep engagement on ques- are many more issues involved before working with us to get all the stake- tions of major arms sales, especially in the sale becomes complete. holders together in the talks. Could regions as dangerous and as com- Quite frankly, the reason the F–16s they do more? Yes, we think they could plicated as the Middle East. As it are being recommended is because do more. stands today, virtually the only two Pakistan needs the F–16s for their fight What Chairman CORKER said is abso- Members who are deeply and meaning- against counterinsurgency. I think all lutely accurate. We would encourage fully engaged in the question of attach- of my colleagues are aware of the our colleagues to vote against the reso- ing conditions to these very important mountainous terrain, territory that is lution of disapproval or to support our arms sales are the ranking member and in Pakistan on the Afghan border. efforts to keep that off the floor, first the chairman of the Foreign Relations Pakistan needs an air force capacity to and foremost because the F–16 are Committee. I trust their ability to hold deal with that counterinsurgency. needed by Afghanistan and U.S. inter- the administration’s feet to the fire— It is our military’s judgment that ests to fight the extremists, but just as whether it be the Pakistanis’, the these F–16s are important in regard to important, it maintains the ability of Saudis’, the Emirates’ feet to the fire that fight against counterinsurgency; the United States to deal with Paki- as they request weapons from the

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.016 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 10, 2016 CONGRESSIONAL RECORD — SENATE S1421 United States, but this body writ large out weapon systems on the back end important for some of us to be on has to get back into the game of pro- doesn’t do the job. record supporting it to show that Con- viding meaningful oversight on a rad- I would point this body to the path gress is getting back in the game when ical and significant increase in the forward. This is an incredibly impor- it comes to overseeing this fairly sub- amount of arms sales the United States tant conversation that we are having stantial increase in arms sales to our is providing to the rest of the world. with respect to the F–16s, but we have named partners in the Middle East, but From 2011 to 2015, our arms exports other pending military sales that will I think there is a better way forward. I have increased by 27 percent. When you directly involve the United States in hope that Senator PAUL and others, as compare these two periods, it is strik- regional civil wars and conflicts, unbe- we start to go about doing due dili- ing to note that during that period of knownst often to the American people. gence on future sales, will take a look time our arms sales to the Middle East One of them is a major military sales at maybe a more meaningful contribu- have increased by 61 percent. agreement with the Saudis that would tion this body can take rather than ex- This Senate has, at its best moments, eventually resupply them for their pressing our outright unconditional raised important questions about these bombing campaign in Yemen, a cam- disapproval. How can we make sure, if sales. I bring you back to the 1980s, paign that has killed hundreds of thou- these arms sales go forward, that they when the Senate raised important sands of civilians, that has stopped go forward with conditions attached questions and concerns about the sale emergency relief from reaching those that are in the best interest of the of AWACS to Saudi Arabia. On this who have been the victims of this hu- United States and our partner nations? manitarian disaster, and frankly that side of the aisle, it was Senator BIDEN Again, I thank Senators CORKER and has created space for the expansion of and Senator Kerry opposing those CARDIN for their important work in the sales. Those motions of disapproval ISIS and Al Qaeda, groups that want to Foreign Relations Committee, of which were ultimately unsuccessful, but do damage and attack the United I am a member, and I thank Senator States, inside the newly ungovernable through that process of deep congres- PAUL for having the courage to bring territory of Yemen. Yet we are going sional introspection, new conditions this resolution to the floor. to be confronted with another military were placed on the sale of that tech- The PRESIDING OFFICER. The Sen- sale to Saudi Arabia that would double nology to the Saudis that ended up a ator from Virginia. down the U.S. commitment on one side much better and safer deal for Amer- Mr. WARNER. Madam President, let of a civil war that if you look at the re- me first of all thank my colleague from ican national security interests and for ality, doesn’t seem to be advancing our the security of our partners in the re- the State of Connecticut for his com- national security interests. It doesn’t ments. I, too, will be joining him and gion. seem to be helping us win the fight With respect to the specific sale of F– others in supporting the resolution to against ISIS and Al Qaeda. be brought forward in some moments 16 to Pakistan, my colleagues have al- I hope that after the break we will by Senator PAUL. I, too, agree that this ready pointed out—and I think Senator have the opportunity to discuss that is a rather blunt instrument. A more PAUL will do a better job than I of military sale as well because it is time strategic use of bringing some leverage pointing out—the ways in which our for Congress to get back into the game to this kind of action would be a more aims of fighting terrorism have been when it comes to our constitutional re- appropriate path, and I hope that in fu- contradictory with the actions of the sponsibility to oversee the foreign pol- Pakistanis, whether it be their unwill- icy led by the executive branch. It is ture times, when we have a chance to ingness to confront the Haqqani net- time for Congress to start having a review foreign arms sales, we will take work, whether it be their oftentimes meaningful impact when it comes to that more nuanced approach. Madam President, while I approve of open coordination with elements of the these massive arms sales that often un- much of what the Senator from Con- Taliban that the United States is fight- dermine U.S. national security and necticut has said, I want to speak to ing inside Afghanistan. The Pakistanis come without the necessary conditions this issue from a slightly different per- have been an unreliable partner over to change the reality of the decisions spective, and that is the message that the course of the last 10 years in the made in places such as Pakistan. at least inadvertently we will be send- fight against extremism, but what I I am going to support Senator PAUL’s worry more about is that these F–16s resolution today, although I hope in ing with approval of the sale of these will provide cover, will provide a sub- the future we will approach these reso- jets. And let me again commend Sen- stitute for truly meaningful action in- lutions of disapproval with a slightly ator CORKER and Senator CARDIN for side Pakistan to take on the roots of greater degree of subtlety in this re- appropriately looking at the issue of extremism. Frankly, it is too late in spect. This is an outright disapproval. public financing of these sales. If we many respects to beat these extremist If we vote in favor of it, this sale will move forward with these sales without groups if they are so big, so powerful, not go forward. There is another way. putting some markers down, I think we so deadly that you have to bomb them Congress could pass a motion of dis- potentially not only do damage to from the air. approval with conditions. We could dis- holding Pakistan’s feet to the fire in Today there are 20,000 madrassa, reli- approve of a sale to Pakistan pending, terms of the threat of terrorists in Af- gious schools. Many, if not most, are for instance, their commitment to join ghanistan and elsewhere in the region funded by the Saudis, the Gulf States, the fight against the Haqqani network; but also potentially do damage to one and the Iranians and are often preach- contingent upon, for instance, their of the most important relationships ing an intolerant version of Islam that movement to implement a law to shut our country has, and that is the stra- when perverted, forms the basis of the down the worst and most intolerant of tegic relationship between the United extremist groups the United States is the madrasas. I would suggest that States and India. This relationship has fighting in the Middle East and should be our path forward when it been one of enormous, growing impor- throughout the world. comes to the sale to the Saudis. Simple tance. India has been a valuable and The Pakistanis have done little to conditions could be applied to that res- strategic partner of the United States nothing to try to reduce the influence olution—making sure the munitions we and is a tremendous ally in promoting of those madrassas, of those religious are selling to the Saudis aren’t used to global peace and security. That has not schools, and of the foreign funding that target civilians inside Yemen; commit- always been the case. Relations be- often breeds this intolerant version of ting the Saudis to open up pathways of tween our two nations have been stead- religious teaching. In a sense, we let humanitarian relief and assistance; a ily improving over the past decade, them off the hook by selling them new promise that none of the funding from ranging from approval on the Civilian weapons systems that will, in effect, the United States to the partners in Nuclear Agreement, to frequent coordi- constantly force the Pakistanis to the coalition to fight the Houthis will nation between our militaries, and at chase their own tail. be used to directly aid extremist this point over $100 billion in bilateral I think it is important to understand groups. That is probably the better trade. Prime Minister Modi in India that the Pakistanis are not making the path forward for this body to take. has made a personal commitment to real meaningful contributions to root- This is a very blunt instrument, a improving the ties between the United ing out extremism, and just handing resolution of disapproval. I think it is States and India. The Prime Minister

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.018 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1422 CONGRESSIONAL RECORD — SENATE March 10, 2016 will come back to the United States at lating to the disapproval of the pro- They already have 70 F–16s. They have the end of this month. posed foreign military sale to the Gov- an air force of F–16s. What would hap- Nowhere is the potential for our stra- ernment of Pakistan. pen if we didn’t send them eight more tegic relationship greater than in our The PRESIDING OFFICER. The mo- that we are being asked to pay for? bilateral defense relationship, which tion is debatable for up to 1 hour. Maybe they would listen. Maybe they again has seen great progress over the Mr. PAUL. Madam President, I rise would help us. Maybe they would be an past decade. Last year our two nations in opposition to the American tax- honest broker in the fight against ter- signed the framework that will ad- payers being forced to pay for fighter rorism. vance military-to-military exchanges. jets for Pakistan. Over $300 million We are $19 trillion in debt. We borrow We are also proceeding with joint de- from the American taxpayers will be $1 million a minute. We don’t have any velopment of defense technology, designated to go to Pakistan to pay for money to send to Pakistan to bribe which seeks to increase defense sales eight new F–16s for Pakistan. We have them to buy planes from us. We don’t and to create a cooperative technology a lot of problems here in our country, have the money. We have problems at and industrial relationship that can my friends. We have a lot of things home. Our infrastructure crumbles at promote both capabilities in the United going on in our country that need to be home. We have longstanding poverty at States and in India. taken care of, and we don’t have home. We have problems in America, I viewed with some concern last enough money to be sending it to Paki- and we can’t afford to borrow the month when the administration an- stan. I can’t in good conscience look money from China to send it to Paki- nounced the sale of these eight F–16s to away as America crumbles at home and stan. Pakistan. And again I want to com- politicians tax us to send the money to In my State, in Kentucky, we have a mend the leadership of the Foreign Re- corrupt and duplicitous regimes dozen counties with unemployment lations Committee for making very abroad. nearly double the national rate. In clear that even if this sale should go When I travel across Kentucky and I Magoffin County, KY, 12.5 percent of forward, the financing of this sale is see the look of despair in the eyes of people are out of work. Today, those still subject to further American re- out-of-work coal miners, when I see the who will vote to send money to Paki- view. anguish in the faces of those who live stan need to come with me to Ken- What brings me to wanting to sup- in constant poverty, I wonder why the tucky. They need to come to Magoffin port Senator PAUL’s resolution is the establishment of both parties con- County, and they need to look people fact that as recently as January of this tinues to send our money overseas to in the face who are out of work in year, Pakistani-based terrorists countries that take our money, take America and explain to them why we claimed responsibility for an attack our arms, and laugh in our faces. should send money to Pakistan. We against an Indian military base at We have given $15 billion to Paki- have people hurting here at home. Pathankot. The attack on this air stan—$15 billion over the last decade— In Harlan, the President’s war on force base, which resulted in the kill- yet their previous President admits coal has led to longstanding double- ing of Indian military forces, was a that Pakistan armed, aided, and abet- digit unemployment. In Harlan, KY, great tragedy. So far, Pakistan has re- ted the Taliban. You remember the people are out of work. People live in fused to share intelligence or to turn Taliban in Afghanistan that harbored poverty, and they don’t understand over those suspects to the Indian Gov- and hosted bin Laden for a decade? why Congress is sending money to ernment. Pakistan helped them. Pakistan was Pakistan. With those kinds of actions, I cannot one of only two countries that recog- In Leslie County, high unemploy- go ahead and continue this policy nized the Taliban. Why in the world ment prompts their citizens to ask: where we continue, in effect, to give would we be taxing the American peo- Why? Why is the government spending Pakistan a pass, whether it is actions ple to send this money to Pakistan? billions of dollars for advanced fighter in the region vis-a` -vis Afghanistan or Remember when bin Laden escaped? jets for foreigners? They don’t under- within their own country but also in We chased him and he escaped. Where stand it. They can’t understand, when terms of their unwillingness to meet did he go? To Pakistan. He lived for a they live from day to day, why their India even halfway in terms of trying decade in Pakistan. Where? About a government is sending money to Paki- to bring a greater stability to one of mile away from their military acad- stan. the regions that could potentially be- emy. Somehow they missed him. There As I travel around Kentucky, I ask come a tinderbox in terms of the bor- in a 15-foot-high walled compound, bin my constituents: Should America send der regions between India and Paki- Laden stayed in Pakistan while we fun- money and arms to a country that per- stan. neled billions upon billions of dollars secutes Christians? I have yet to meet So I will be supporting Senator to them. a single voter who wants their tax dol- PAUL’s resolution. I hope the Govern- Pakistan to this day is said to look lars going to countries that persecute ment of Pakistan hears the concern of away, to not look at the Haqqani net- Christians. this Senator and other Senators. I hope work. In fact, it is accused that many In Pakistan, it is the law; it is in they will act aggressively in terms of members of their government are their Constitution that if you criticize bringing justice to those terrorists who complicit with the Haqqani network. the state religion, you can be put to invaded Indian space and attacked the Who is the Haqqani network? It is a death. Asia Bibi has been on death row Indian Air Force base. Showing that network of terrorists who kill Ameri- for nearly 5 years. Asia Bibi is a Chris- kind of responsible behavior might lead cans. We have American soldiers dying tian. Her crime? She went to the well to at least this Senator taking a dif- at the hands of Pakistani terrorists to draw water, and the villagers began ferent view in terms of future military while that government looks the other to stone her. They beat her with sticks sales. way. until she was bleeding. They continued With that, I yield the floor, and I rec- GEN John F. Campbell testified be- to stone her as they chanted ‘‘Death, ognize my colleague, who I believe will fore Congress that the Haqqani net- death to the Christian.’’ bring this resolution to the floor. work remains the most capable threat The police finally arrived, and she The PRESIDING OFFICER. The Sen- to U.S. forces in Afghanistan. Yet we thought she had been saved, only to be ator from Kentucky. are asked to send F–16s and good arrested by the Pakistani police. There f money after bad to a government in she sits on death row for 5 years. Is it Pakistan that looks the other way. an ally? Is it a civilized nation that MOTION TO DISCHARGE—S.J. RES. Pakistan is, at best, a frenemy—part puts Christians to death for criticizing 31 friend and a lot enemy. If Pakistan the state religion? I defy any Member Mr. PAUL. Madam President, pursu- truly wants to be our ally, if Pakistan of this body to go home and talk to the ant to the Arms Export Control Act of truly wants to help in the war on rad- first voter. Go outside the Beltway. 1976, I move to discharge the Com- ical Islam, it should not require a Leave Congress and drive outside the mittee on Foreign Relations from fur- bribe; it should not require the Amer- Beltway and stop at the first gas sta- ther consideration of S.J. Res. 31, re- ican taxpayer to subsidize arms sales. tion or stop at the first grocery store

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.019 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 10, 2016 CONGRESSIONAL RECORD — SENATE S1423 and ask anybody—Republican, Demo- nose at America, we will keep cashing ice’s support for militant groups that crat, or Independent: Should we be their checks, and we will laugh all the work against U.S. interests in the re- sending money to a country that per- way to the bank as we do nothing to region. In fact, I would argue that many secutes Christians? lease the Christians on death row or to of these groups are also working Asia Bibi sits on death row for criti- release the doctor who helped us. against the long term interests of our cizing the state religion, and your Should we give planes to a country friends in Pakistan as well, as evi- money goes to support her government. that imprisons these heroes—heroes denced by its own domestic terrorist What will happen to Pakistan if they who helped and put their lives on the problem. don’t get eight more F–16s? They will line for our country? I am also concerned that, despite im- have only 70 F–16s. Today we will vote on whether the portant foreign aid given to Pakistan, Most of the politicians here simply American taxpayers should foot the there remains a troubling failure to ad- don’t care. They don’t care whether bill. I have yet to meet a voter in my dress basic and urgent development Pakistan persecutes Christians. They State of Kentucky or across America needs—particularly education and know only one way. The one way is to who thinks it is a good idea to send schooling for girls. We also see contin- open our wallet and bleed us dry and more money to Pakistan. We have a ued cases of extreme religious intoler- hope that someday Pakistan will $19-trillion debt. We borrow $1 million ance, including death sentences for du- change its behavior. Guess what. If you a minute. We have no money. It is not bious charges of blasphemy. are not strong enough to vote for this even a surplus. They say we are going At the same time, I also want to take resolution, if you think some kind of to influence Pakistan or they may rise a moment to acknowledge that Paki- cajoling, flattery, and nice talk with up and say: Oh, the resolution will not stan has suffered horrible losses in tak- empty words are going to change the stop the money. The heck it will not. If ing on militant groups within its own behavior of Pakistan, you have another my resolution passes, if it becomes law, borders—something I don’t think we thought coming. It has been going on the eight jets will not go to Pakistan, always recognize. for decades. they will not be subsidized, and not one And most importantly, I want to When I forced a vote in the Foreign penny of American tax dollars will go stress the importance of the Senate Relations Committee to say that coun- to Pakistan. That is the absolute Foreign Relations Committee—let’s tries which put Christians to death for truth. No matter what they tell you, allow it to do its work and thoroughly criticizing the state religion—there are this stops the sale. It stops the subsidy. consider this resolution first, rather about 34 of these countries, a couple of We have to borrow money from China than rush it through the Senate. dozen of them who received money to send it to Pakistan. Such a policy is The PRESIDING OFFICER. The ma- from us, American tax dollars going to insane and supported by no one outside jority leader. countries that persecute Christians. of Washington. You go anywhere in Mr. MCCONNELL. Mr. President, I When I introduced the amendment to America and ask them: Should we give ask unanimous consent that all time say: Guess what. Let’s not do it any- money? Should the taxpayer be forced be yielded back. more. Any country that has a law that to give money to Pakistan, a country The PRESIDING OFFICER. Is there compels a Christian and puts a Chris- that persecutes Christians? Nobody is objection? tian to death, that country would no for it. Yet the vast and out-of-touch es- Without objection, it is so ordered. longer receive our money. Do you know tablishment in Washington continues Mr. MCCONNELL. I move to table what the vote was? It was 18 to 2 from to do it. Is it any wonder that people the motion to discharge. Washington politicians to keep sending are unhappy with Washington? Is it The PRESIDING OFFICER. The good money after bad because they say: any wonder that Americans are sick question is on agreeing to the motion Oh, the moderates there are going to and tired of the status quo, sick and to table. change their minds someday. tired of people not listening to them? Mr. MCCONNELL. I ask for the yeas We have given them $15 billion, and I We have no money in the Treasury. and nays. see no evidence of change in behavior. We are all out of money. This influ- The PRESIDING OFFICER. Is there a I see insolence, arrogance, and people ences nothing, other than to tell the sufficient second? who laugh as they cash our checks. Pakistanis they can continue doing There appears to be a sufficient sec- Is Pakistan our ally in the War on what they want. I urge my colleagues ond. Terror? Well, not only did they help to vote against subsidized sales of The clerk will call the roll. the Taliban that hosted Bin Laden for fighter jets to Pakistan. The bill clerk called the roll. a decade, but when they finally got Bin I reserve the remainder of my time. Mr. CORNYN. The following Senators Laden, we got him with evidence that Can the Chair tell me how much time are necessarily absent: the Senator was given to us by a doctor in Paki- I have remaining? from Texas (Mr. CRUZ), the Senator stan. His name is Shakil Afridi. Where The PRESIDING OFFICER (Mr. from Utah (Mr. LEE), and the Senator is he now? Pakistan has locked him SCOTT). The Senator has used 14 min- from Florida (Mr. RUBIO). away in a dark, dank prison from utes. Further, if present and voting, the which he will probably never be re- Mr. PAUL. So I have 16 remaining? Senator from Utah (Mr. LEE) would leased. The PRESIDING OFFICER. Yes. have voted ‘‘nay.’’ Shakil Afridi has essentially been Mr. DURBIN. Mr. President, I would Mr. DURBIN. I announce that the given a life sentence by Pakistan for like to say a few remarks about this Senator from Missouri (Mrs. MCCAS- the crime of helping the United States resolution of disapproval. KILL) and the Senator from Vermont and helping all civilized nations get to While I oppose this measure, I share (Mr. SANDERS) are necessarily absent. Bin Laden. He sat under the noses of the junior Senator from Kentucky’s The PRESIDING OFFICER (Mr. the Pakistani Government for a dec- frustration with some aspects of our HOEVEN). Are there any other Senators ade. We finally got him when Shakil relationship with Pakistan. Notably, I in the Chamber desiring to vote? Afridi helped us. think the jailing of Dr. Shakil Afridi The result was announced—yeas 71, People aren’t going to continue to for 23 years under highly questionable nays 24, as follows: help America if we don’t help them, if charges is an outrage. we don’t protect our human intel- For those of you who don’t remem- [Rollcall Vote No. 35 Leg.] ligence, if we don’t protect those who ber, Dr. Afridi helped the United States YEAS—71 are willing to help America. He sits locate Osama bin Laden. His approach Alexander Carper Donnelly Baldwin Casey Durbin and rots in a prison. What message do may have been debatable, but one Barrasso Cassidy Enzi we send to Pakistan if we send them thing is clear—he doesn’t deserve to Bennet Coats Ernst eight more F–16s and we tell you, the languish in a Pakistani jail for more Blumenthal Cochran Feinstein American taxpayer, you are paying for than two decades on manufactured Blunt Coons Fischer Boozman Corker Flake it? What message does that send to charges. Burr Cornyn Franken Pakistan? The message to Pakistan is I have also been troubled by the Pak- Cantwell Cotton Gardner that we will just keep thumbing our istani military and intelligence serv- Cardin Crapo Graham

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.031 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1424 CONGRESSIONAL RECORD — SENATE March 10, 2016 Hatch Menendez Sasse you be afflicted with Gaucher’s disease, Also, that is true in a different sphere. Heitkamp Merkley Schumer you would be very happy about that. I am talking about a particular genetic Hirono Mikulski Sessions Inhofe Murkowski Shaheen Let’s take another example. These modification that goes into the cells of Isakson Murray Shelby are sweet potatoes that have been plants and is designed to fend off the Johnson Nelson Stabenow modified to resist a number of viral in- western corn rootworm. Kaine Perdue Sullivan fections common in South Africa. So a The western corn rootworm eats corn King Peters Thune Klobuchar Portman place where otherwise you may not be when it is in the larvae stage—that is Tillis Lankford Reed Toomey able to grow these sweet potatoes, the worm stage—and it does so when it Leahy Reid Whitehouse where the local population might not is in the beetle stage. Some beautiful Markey Risch McCain Roberts Wicker be able to benefit from nutrition in examples are shown here. It can eat the McConnell Rounds Wyden these sweet potatoes, they can now do pollination part of the corn so that the NAYS—24 so. These are some of the examples of corn doesn’t produce healthy kernels some of the benefits that have come as well. It can eat the leaves. It pretty Ayotte Grassley Paul Booker Heinrich Schatz from some forms of genetic modifica- much loves the entire corn plant. Boxer Heller Scott tion of plants. This genetic modification produces a Brown Hoeven Tester But just as there is science that pesticide inside the cell and was in the Capito Kirk Udall Collins Manchin Vitter shows benefits, there is also science beginning very effective in killing Daines Moran Warner showing concerns. I am going to start these corn rootworms. But guess what. Gillibrand Murphy Warren by explaining that the largest modi- Mother Nature has a continuous NOT VOTING—5 fication in America—the largest de- stream of genetic mutations, and if you Cruz McCaskill Sanders ployed modification—is to make plants apply this to millions and millions of Lee Rubio such as corn, soybeans, and sugar beets acres and millions of pounds, eventu- resistant to an herbicide called ally Mother Nature produces a muta- The motion was agreed to. glyphosate. tion that makes it immune to this pes- The PRESIDING OFFICER. The Sen- The use of glyphosate has increased ticide. Then those immune rootworms ator from Oregon. dramatically over the last two decades. start multiplying, and you have to f In 1994 we are talking about 7.4 million start applying a pesticide again, and GENETICALLY MODIFIED FOOD pounds—not very much. But by 2012, we maybe you have to apply even more are talking about 160 million pounds of than before because they develop a re- Mr. MERKLEY. Mr. President, today this herbicide being put onto our crops. sistance to it. That is exactly what is I would like to address a very impor- Well, one’s reaction may be this: OK, happening here. So that is a significant tant issue, which is the right for Amer- but is there any downside to that mas- reverberation. ican citizens to know what is in their sive deployment of herbicides? Yes, in All I am trying to point out here is food. I am going to be talking about fact, there is. This herbicide is so effi- that this is not really an argument the topic of genetically modified ingre- cient in killing weeds that it kills about science. Science can tell us that dients in food. I will be pointing out milkweed. Well, milkweed happens to there have been occasions in which ge- that there are genetic modifications grow in disturbed soil. So it has been a netic modifications have had an initial that are largely considered to have common companion to our agricultural beneficial impact, and science will tell been beneficial and others that are world. Milkweed is the single substance us that there are situations in which largely considered to be causing sig- that monarch butterflies feed on. So as the reverberations of using the geneti- nificant challenges. In both cases, the glyphosate expansion has increased cally modified plants are having a neg- there is science to bring to bear around over this time period, the monarch but- ative impact. So that is where it the benefits and there is science to terfly has radically decreased because stands. It is like any other technology. bring to bear around the disadvan- its food supply has been dramatically It can be beneficial. It can be harmful. tages. Ultimately, I will conclude—to reduced. This is not the only factor So the question is this: Does our gov- give a preface here—that this is not a considered to affect the Monarch but- ernment—the big hand of the Federal debate about the pros and cons. There terfly, but it is an example of a signifi- Government—reach out and say to our is information on both sides, different cant factor. That is something of which cities, our counties, and our States aspects. What is at debate is whether you think: What else could happen in that there is only one answer to this our Federal Government wants to be the natural world as a result of chang- and that is why we are going to ban the large, overbearing presence in the ing dramatically the variety of plants you from letting citizens know what is lives of Americans and tell them what that surround our farm fields? in their food. Of course, there is no one to think, or whether we believe in our Let’s turn to another impact. Mil- answer. We have seen there are benefits citizens’ ability to use their own minds lions of pounds of glyphosate go on the and there are disadvantages. Quite and make their own decisions. To be fields, and much of it ends up running frankly, I think it is just wrong for the able to do that, they have to be able to off the fields and running into our Federal Government to take away our know when there are genetically modi- streams and rivers. It is an herbicide. citizens’ right to know. That is why I fied ingredients in the foods they are So it has a profound impact on the am doing all I can to publicize this at consuming. makeup of organisms in those streams this moment. Let’s start with the point that there and rivers. Various States have wrestled on are significant benefits from various For example, it can have an impact whether to provide information to citi- GM modified plants. One example is on microorganisms, algae, and things zens so that the citizens can decide on golden rice. Golden rice, as seen here, that feed on that up the food chain— their own whether they have a product has been modified in order to produce a fish, mussels, amphibians, and so forth. that has genetically modified ingredi- lot more vitamin A. So growing this in We don’t understand all the impacts of ents. Most of our food products do bean area where there is a vitamin A de- massive amounts of herbicides in our cause virtually all of our corn, sugar ficiency has been beneficial to the help streams and rivers, but scientists are beets, and soybeans are genetically of local populations. saying: Yes, there is an impact. Studies modified, but citizens can look at what Let’s take, for example, a certain are underway to understand those im- type of genetic modification. They can form of carrot. It has been modified to pacts more thoroughly. Of course, we respond and use their minds with infor- produce an enzyme that helps rid the care about the health of our streams mation. body of fatty substances. When you and rivers. This is really what is beautiful in de- can’t do that, you have Gaucher’s dis- Let’s take another example. Some- mocracy. Government doesn’t make up ease. We have a lot of trouble with times you just can’t fool Mother Na- your mind for you. Government doesn’t Gaucher’s disease, with brain and bone ture. One impact of the massive appli- impose a certain framework in which damage, anemia, and bruises. But cation of glyphosate is that weeds start you have to view the world. through the modification of these car- to develop a resistance to it, and then Yet, right now, at this very moment, rots, there is a solution, and should you have to start to use more of it. there are a group of Senators in this

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.002 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 10, 2016 CONGRESSIONAL RECORD — SENATE S1425 body who want to impose those blind- same thing on the right, on the left, bodies, what they feed to their fami- ers on you, American citizens. They and in the middle. lies, what their children consume. It is want to tell you how to think. They Well, that should be listened to up their right to know. Again, 9 out of 10 are supporting a bill that says the Fed- here on Capitol Hill because we are in- Americans say this is important to eral Government will take one side of tended by constitutional design to be a them. this argument and tell you it is the ‘‘we the people’’ government, not the This telephone idea is just the worst truth and spend your tax dollars publi- government of, by, and for powerful ag possible scam. Let’s put it frankly. No- cizing it. This is the type of propa- companies. If you want to serve in that body is going to stand there comparing ganda machine that you would expect kind of government, go to some other soups, making phone call after phone outside of a democracy but not here in country because that is not the design call after phone call. Nobody who the ‘‘we the people’’ government of the of our Constitution. wants to know if there is high fructose United States of America—not here, Our responsibility is to the people of corn syrup in their food is going to where we value our citizens’ ability to America. They don’t like Big Govern- stand there, look at a can, and dial make their own choices. So it is very ment trying to tell them how to think, phone number after phone number. important that we wake up quickly and that is why this DARK Act is just That is why it is printed on the label. and respond to this, because the simple wrong. That makes it very simple. truth is a group of very powerful com- There are some ideas floating around There is another idea floating around panies are working right now to get a this building today. One of those ideas here: Put a computer code on the prod- bill passed that will take away our citi- is, well, we will put a label on a food uct, and people can scan it with their zens’ right to know about GM ingredi- product that will be just a phone num- smartphone and get information. Well, ents in their products. This bill is ber, and if you, the citizen, want to this may be even more ludicrous than called the DARK Act, or the Deny know details about this product— the phone idea in terms of stripping Americans the Right to Know Act, and whether it contains genetically modi- the power of American citizens’ right it has passed out of committee. The fied ingredients—well, you can ring up to know. First, you have to be in the majority leader has said it is a priority this phone number and maybe some- grocery store, and here are the dif- for him to put the DARK Act on the body will answer your question. You ferent cans of soup you are going to floor of this Senate next week with vir- can call the company, and the company compare. Oh, let me take a picture of tually no notice to the United States of will tell you what they think about the first one with my phone. Oh, OK, America. their product. now I have to go to the Web site. I am Most of these positions percolate in- Well, first, Americans don’t want to taking a picture of the bar code, and I side committees for a length of time stand there in the grocery store and am going to go to the Web site. OK, and then get digested on the floor for a start making phone calls to companies. which page of this Web site do I go to? length of time. But, no, there is an ef- Can you imagine, you are standing Oh, look, this Web site was written by fort to slam this through—this imposi- there—and you actually care about the company that makes it. tion on the right to know in America. whether there is a GMO in this prod- They are making it hard for this in- That is just absolutely wrong. uct. You are going to make a phone formation to be found. They are mak- Now let me talk a little bit about call. You are going to wait while you ing it hard for this to be understood. how American citizens feel about this. go through a telephone tree. You are They are not disclosing the details of There was a survey done at the end of probably going to have to speak to the type of genetic modification. Well, 2015, just a couple of months ago. This somebody overseas who may not even that is absurd. Can any Member of this was a nationwide survey of likely 2016 understand what you are asking, or Chamber really tell me—can you stand election voters done in November of you get a company spokesman who is and tell me that you are going to take 2015. going to lay out the company line and pictures of 10 different products while The question that was asked of the never really give you an answer. Why your child is sitting in your grocery participants was this: As you may should you have to do that? cart? And that is just to buy one thing know, it has been proposed that the Think about the parallel situation. on your grocery list. Does anyone here Food and Drug Administration, or the We have all these other ingredients on want to stand and claim they would do FDA, require foods that have been ge- the package. We include things such as that? I think the silence speaks for netically engineered or contain geneti- sea salt as opposed to salt. We have itself. cally engineered ingredients to be la- preservatives. We have colors that are Certainly we are in a situation where beled to indicate that. Would you favor incorporated into the food because peo- people don’t want to take pictures of or oppose requiring labels for foods ple want to know about the colors, the these codes with their cell phones be- that have been genetically engineered food dyes that have gone into the food. cause it reveals information about or contain genetically engineered in- They want to know about the preserva- them that the companies collect on gredients? tives that have gone into the food. them. Why should they have to give up After the respondent gives the an- We even tell companies that on the their privacy to know about an ingre- swer, then the follow-up question is label they have to tell the consumer dient in their food? this: Is that strongly or not so strong- whether the fish has been caught in the Let’s be clear. There are two scams ly? Well, 89 percent of Americans say wild or raised on a farm. Why do we re- being discussed right now by the ma- they favor mandatory labels on foods quire that label? Well, we require that jority leaders of this Chamber, this es- that have genetically modified ingredi- label because citizens want to know teemed Chamber which should stand ents. That is powerful. That is nine 9 of about the ingredients in their food—in for free speech and knowledge, not sup- 10 Americans. this case, the makeup of their fish, be- pressed speech and lack of knowledge. Furthermore, 77 percent of the re- cause it is different. There are different They want to send you down this rab- spondents said that they not only favor farming practices between catching bit hole of 800 numbers or this blind mandatory labels but they strongly wild salmon and raising salmon on a alley of computer bar codes rather favor the proposal. Now, this is very farm, in a pond, or in an ocean-con- than a simple indication on a package. unusual to have nine Americans line up tained area. There are different im- Let’s recognize that this is a pretty on one side versus one on the other. pacts. Citizens care about that, so we easy problem to resolve because most Is this something that has to do with require it to be disclosed. of the world has figured it out—64 party affiliation? Absolutely not. We require our juice companies to other countries, 28 members of the Eu- Across the great spectrum of ideologies say whether the juice is fresh or recon- ropean Union, Japan, Australia, and in America, citizens agree in this poll, stituted. Why do we provide that infor- Brazil. They all have a simple disclo- with 89 percent of Independents—the mation? Why do we require that? Be- sure on the package, a consumer- same as overall—84 percent of Repub- cause citizens want to know. There is a friendly phrase or symbol. That symbol licans, and 92 percent of Democrats. In difference between the two products, is straightforward. There is no smoke- other words, regardless of party, basi- and they want to know. It is their right screen. There is no blind alley. There is cally 9 out of 10 individuals say the to know what they put into their own no rabbit hole. There is no cleverness

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.034 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1426 CONGRESSIONAL RECORD — SENATE March 10, 2016 over an 800 number or a bar code or an- Campbell Soup is planning to do that Senator MURPHY of Connecticut, Sen- other computer code called a quick re- because they say they want a relation- ator GILLIBRAND of New York, Senator sponse code. No, they simply give the ship of full integrity with their cus- BLUMENTHAL of Connecticut, Senator information, the way we do on every- tomers. Shouldn’t we all be for full in- BOXER of California, Senator MARKEY thing else, the way we do on preserva- tegrity with our citizens? Doesn’t that of Massachusetts, and Senator HEIN- tives, food colorings, core ingredients, make a lot of sense? RICH of New Mexico. All parts of the wild-caught fish versus farm fish, and Yet another option would be to put a country, different parts of the country, juice from concentrate versus fresh simple symbol—any symbol chosen by and they are all saying: You know juice. They make it simple. They just the FDA, so certainly not one that sug- what, our citizens, 9 to 1, want a sim- have a simple marking on the package. gests there is anything pejorative ple, fair statement or symbol on the in- Do you know who else provides this about it. Brazil uses a little ‘‘t.’’ OK, gredients list. That is just the right simple information to their consumers? how about a little ‘‘t’’ in a triangle or way to go. China. Do our citizens deserve less in- in a box or something else that the If you are going to step on the au- formation than the Chinese, who live FDA or the food companies would like? thority of States to provide informa- in a dictatorship? Why are Members of The point is, if someone cares enough tion that citizens want, you have to this Chamber trying to strip more in- to pick up a package, turn it over, and provide a simple, clear, indication on formation away from American citi- look at the fine print on the ingredi- the package. That is the deal. That is zens than does the dictatorship of ents, if they care enough to look, just the fair compromise. That is standing China? That is just wrong. as they might care enough to look up up for citizens’ right to know. That is There is an easy solution here. There whether there is high fructose corn honoring the public interest. That is a are a number of reasonable arguments syrup, just as they might care enough compromise in the classic sense that that Big Agriculture is making. They to see if there are peanuts in it because works for the big issues the companies say: Look, we do not want 50 States they have a peanut allergy, or just be- are talking about. They don’t want the producing 50 different label standards. cause they want to look at the ingredi- expense from individual States and I absolutely agree. ents to see how many calories are in a they don’t want the complexity and They say: We don’t want a bunch of product, if they care enough to pick it confusion from individual States. What counties and cities producing yet other up and turn it over, a little symbol—all consumers want is a simple indication label standards; that could go into the of those options are available under on the package. thousands. this type of reasonable compromise. It Let’s do the right thing. Let’s not be Fair point. would appear on each product involved worse than China and block our con- One common way of doing this would in interstate commerce. OK, so that is sumers from having access to informa- make sense. You cannot have a ware- consistent, and that is a point made. It tion. Let’s do the right thing that vir- house that is serving three or four dif- is clear. These symbols are clear. tually every developed country has ferent States or multiple communities The public that cares get educated. done and provide a simple, clear sys- that need to have this product sorted They know what to look for. It is easy tem for citizens to be able to know and distributed, one group to here and to find. It is right there on the pack- what is in their food. The PRESIDING OFFICER. The Sen- one group to there. You can’t keep it age. There is no sending you off on a ator from North Carolina. all straight. It is expensive. There are wild goose chase through a phone tree all these different labels. It is con- and an 800 number. There is no pro- f fusing. That is a fair point. I agree. ceeding to tell you that you have to FILLING THE SUPREME COURT Let’s do one 50-State solution. use a smartphone, which many people VACANCY The industry says: We don’t want don’t have. They might not even have Mr. TILLIS. Mr. President, I appre- anything pejorative. We don’t want reception to be able to use it effec- ciate the opportunity to come to the anything that says GM is scary or GM tively if they wanted to. No. It is a floor and talk a little about the ongo- is bad. simple, straightforward phrase or ini- ing dialogue we are having on the Su- I pointed out that there are some ad- tials right there on the ingredients preme Court nomination. vantages to genetic modifications and package. What could be more appro- Before I start this speech, I wanted there are some disadvantages. So I priate than the simplicity of that? to comment on something for those agree there too. Let’s not put a mark- Many folks have stepped forward to who think all we do is fight here. I ing on a package that is pejorative. say this makes tremendous sense. think the Presiding Officer was at our The industry says: We don’t want Campbell Soup said: Yes, we endorse bipartisan lunch. I think it is a great anything on the front of the package. this. This makes sense. Also, Nature’s opportunity. So often we see the debate It takes up space. It may suggest there Path, Stonyfield, Ben & Jerry’s, Amy’s on the floor and the dialogue in the is something scary about this if you Kitchen, Consumers Union, the Amer- committee rooms, but we take the op- are putting it on the front of the pack- ican Association for Justice, the Na- portunity every month or so and age. tional Sustainable Agriculture Coali- Democrats and Republicans come to- OK, fair enough. Let’s not put it on tion, and the Just Label It coalition. gether and we enjoy each other’s com- the front of the package. I completely Yes, OK, that is fine, we are not ask- pany. We talk a little about policy but accept that point. ing for something on the front of the more about the folks back home. So I The industry says: There are several package. It doesn’t have to be on the just wanted to let the American people different ways we could do this. We front. It doesn’t have to be scary. It know that because we happen to have would like flexibility. can be in that tiny print on the ingre- differences, it doesn’t mean we don’t Absolutely. Let’s have flexibility. dients page. When an earnest, sincere like and respect so many of our col- So I have put together a bill which citizen wants to know, they have the leagues. hits all these key points the food in- right to know in a consumer-friendly Today, though, I am talking about dustry has raised. It is a 50-State solu- fashion. something that is a point of contention tion. There is nothing on the front of I particularly thank the Senators between Democrats and Republicans, the package. There is nothing pejo- who have already signed on to endorse and it relates to the open Supreme rative. And it gives the type of flexi- this legislation: Senator LEAHY and Court seat as a result of the tragic bility the industry has talked about. Senator BERNIE SANDERS, who come passing of Justice Scalia. Originally, I Under the bill I have put forward, from Vermont, which has a State label- was going to come to the floor and pro- they are allowed to put initials behind ing bill that would be preempted by vide a speech I had prepared, but I was an ingredient in parentheses or to put this bill. It would be replaced by this in the Judiciary Committee today and an asterisk on the ingredient and put 50-State national standard. But be- I decided—probably against my staff’s an explanation below or to put in a cause this is a fair standard for con- wishes—to deviate a little from the phrase—as Campbell Soup plans to do— sumers, they are endorsing this bill. I script and to talk about some of the that simply says: This product con- also thank Senator TESTER of Mon- facts that were put forth in the Judici- tains genetically modified ingredients. tana, Senator FEINSTEIN of California, ary Committee today.

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.036 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 10, 2016 CONGRESSIONAL RECORD — SENATE S1427 One of the arguments we hear from the time—in public settings, but mem- One thing that comes up in this dis- Members of the Democratic Party is bers got together and we decided to cussion is our constitutional obliga- that somehow the Supreme Court has come up with a policy that was a clear tion, and that is the obligation to ad- been shut down. That couldn’t be fur- position that the majority of the mem- vise and consent. Keep in mind, the ad- ther from the truth. Actually, since bers of the Judiciary Committee—and vice and consent is not a constitutional the passing of Justice Scalia, there the majority of the members are today obligation for the Senate to rubber- have been some 12 arguments heard in Republicans—that we were going to stamp the decisions of the President. the Supreme Court and 5 opinions. take on the nomination. We all Quite the contrary. The whole idea of There will be several more. agreed—all 11 of us—that we are not the three branches was to have certain As a matter of fact, over the course going to move forward with the nomi- checks and balances in place. So there of history there have been a number of nation. absolutely was no concept on the part instances where the Supreme Court has They can call it a backroom deal, but of the Founding Fathers to say when had Justices recuse themselves or Jus- whether you would argue that is an im- the President makes a decision, the tices go on a leave of absence for an- proper practice, what I found inter- Congress will rubberstamp that deci- other duty. So there have been a num- esting is that members of the Judiciary sion. We then have an equal authority ber of instances where the Court con- Committee who brought this up did to determine whether that nomination tinues to function just fine with eight, something that I think was a profound will come to a nominations process or and sometimes even fewer than eight, show of disrespect to this institution. we will simply decide not to take up Justices active in any given opinion. It happened a few years ago, when in a the nomination. So to say for some reason until we back room the leader of the then-ma- Now, a lot of people think that is a make an appointment to the Supreme jority, Senator REID, convinced all the new concept, but the reality is, it is a Court that the Supreme Court is going members of the Democratic conference concept that has been in place for to cease to function defies the facts. to vote on the nuclear option. The nu- many years in the Senate rules. For As a matter of fact, in the October clear option is—well, it is great I guess people to say we always dispose of 2014 session—the Supreme Court has for TV—but structurally the nuclear nominations in the term we are in de- two sessions, the first half of the year option is that throughout decades fies the existence of this rule, which and the second half of the year. In Oc- there was a 60-vote threshold for mov- simply says: Should the Senate choose tober of 2014, there were 72 arguments ing nominations through the Senate not to take up a nomination, then the heard before the Supreme Court. There unless you had consensus to hold it next President will put forth another were only 18 of them that actually down to 51 votes. In a back room, the nomination for consideration. were divided along ideological lines then-majority leader, Senator REID, Again, I think people are finessing within the Court. So three-fourths of convinced his conference to come to what our responsibilities are and all the cases in 2014 were actually set- this floor and break the rules to change whether this is really something dif- tled with significant numbers of people the rules in order to prevent the minor- ferent or something that wasn’t antici- joining together to render an opinion. ity from being able to weigh in on judi- pated by the people who have come be- So the Court is working just fine, and cial nominations and a number of other fore us and who established the rules it will continue to work just fine. nominations. In fact, after that rule that govern the Senate. I would also argue that the idea put was passed, after that decision was I want to talk a little about what I forth by some Members that the Su- made in a back room and after those think must be a very uncomfortable preme Court is suddenly going to be folks came to the floor and broke the place for some Members of the minor- shut down for a year defies logic and rules to change the rules, they ended ity to be; that is, their own history on history. The Supreme Court is already up confirming judges without any the current situation in the Senate. We in session. They will go through prob- input from the then-minority Repub- are in the middle of a campaign. We ably the end of June or the beginning licans. are in the middle of a tough campaign of July. There is no possible way, under So when people want to stand up here on both sides of the aisle, whether it is normal circumstances, that we would and say that somehow what we did was the Democratic primary or the Repub- have time to appoint a Supreme Court different, this is one nomination. This lican primary. People are engaging in a Justice who would be participating in is a decision we made about one nomi- way they haven’t in many years. Turn- this term. So what we are really talk- nation, but we have a group of people— outs in many of the primaries have ing about is the October term. If the every single person on the Judiciary been more significant than they have October term of this year bears any re- Committee, in fact, who are in the been in many years. People are watch- semblance to the October term of 2014, Democratic conference, voted to deny ing. So we have an opportunity to edu- there may be 5 or 10 cases where the 9- the minority from having what has cate the people on this very important member Court would be material. The been a decades-old tradition in the choice in terms of a Supreme Court vast majority of them are going to Senate to have the minority weigh in nomination. move through. That is why this idea of on nominations. I, for one, think the nomination shutting down the third branch of gov- I would now like to get to some of should be instructed by the vote that is ernment is disingenuous and really the other discussions. First off, we cast in November for the President, supporting a political agenda and less have to recognize we are in the throes and, actually, for that matter, the Sen- about whether the government is func- of the primary season for the Presi- ate congressional elections. Some peo- tioning properly. dential nomination. It would be very ple say: Well, the people have spoken The other thing I wanted to talk difficult to live in the United States and President Obama was reelected to about before I get into some of the rea- and not know a little about the pri- a second term. That is true. And 2 sons I do not support nomination pro- mary that is going on. The people are years later the people spoke again, and ceedings going through under Presi- in a position where, over a very few I was elected to the Senate and Repub- dent Obama is related to some history. short months, they are going to make licans were brought to a majority. So Before I get to the history that specifi- a decision. They are going to voice the people spoke in a different way. cally relates to the constitutional obli- their vote, and I, for one, think the Just a few months from now we will gation of the Senate, the Senate rules, people should be allowed to weigh into get the most up-to-date read of where and maybe some of the positions that this decision. I do believe many of the the American people are, who they have been taken by Members of the mi- Senators on the other side of the aisle want to lead the country, and who they nority in the past, I also want to talk have felt the same way. In fact, I will want to nominate as the next Supreme about one other area that concerns me go through a couple of quotes where Court Justice. in this dialogue. they made it very clear. In fact, they This quote has been famously re- There has been a discussion about are very trained and very articulate ported in the press, and I couldn’t say the backroom meetings, making the and can probably voice their position— it any better than then-Senator BIDEN decisions. Well, members meet often- which now is my position—better than did. He talked about the need, at a cer- times—we tend to meet the majority of I ever could. tain point in time during the political

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She said: to the island via regular air service. dent, at the time he made this quote, I really wish the discussions and hoopla This should include adequate regular was the chairman of the Judiciary could have waited a little longer after Judge service to accommodate the growing Committee, the position Senator Scalia’s passing, but we are having the back demand from the largest and closest GRASSLEY currently holds. He was basi- and forth of what to do. As your constituent, Cuban American population located in cally saying what Senator GRASSLEY I’m in agreement with the committee posi- Miami-Dade County. has said and that I fully support. So I tion of waiting until after we have a new In addition, having traveled to Cuba President. Word out of the White House to multiple times over the years, I hope think Vice President BIDEN was right the Senate is: Do your job. Well, I, for one, the first time. He seems to be stepping that the Department closely evaluates think you are doing your job. It’s called the complexity of operating there and back on his words, but I don’t think his checks and balances. ensures that those selected to operate words can be parsed. They were pretty In the coming weeks, I am looking well-articulated right here on the Sen- these routes are up to the task—those forward to continuing this debate. I with experience. ate floor. want to especially note that Senator Then we come to the minority leader. A failure-to-launch scenario would GRASSLEY is a wonderful Member of the represent a critically missed oppor- We now have the minority leader and Senate. He has support and admiration others coming to the floor talking tunity represented by the potential of from both sides of the aisle. I appre- successfully scheduled air services be- about what our constitutional duty is, ciate his leadership on this matter. I tween the United States and Cuba. We but the minority leader came to this appreciate Leader MCCONNELL’s leader- can’t afford to let this opportunity go floor—right over there, not very far ship on this matter. I look forward to to waste. from where I am now—and he said: getting back to North Carolina and I have long supported efforts to re- The duties of the Senate are set forth in hearing what the people would like for store the rights of American citizens to the U.S. Constitution. Nowhere in that docu- travel to Cuba and have introduced leg- ment does it say the Senate has a duty to me to consider as we move forward give presidential appointees a vote. with the nomination process. islation to lift the statutory ban on I thank the Presiding Officer. travel, along with my colleague from I agree with Senator REID. And fi- Mr. President, I suggest the absence Vermont, Senator LEAHY. I am pleased nally, we have one from my good friend of a quorum. to say that our legislation continues to from New York, Senator SCHUMER. The PRESIDING OFFICER (Mr. CAS- gain bipartisan support. Senator SCHUMER is a very articulate SIDY). The clerk will call the roll. As the situation changes on the man. He is a practiced attorney, and The legislative clerk proceeded to ground with developments like regular there are many aspects of the man I call the roll. air service, direct air service, and admire. In another instance, in a very Mr. FLAKE. Mr. President, I ask scheduled air service, I hope that thou- passionate speech given—it is on unanimous consent that the order for sands upon thousands of Americans YouTube so you can all watch it—he the quorum call be rescinded. will visit Cuba and Congress will do the has taken a very similar position; that The PRESIDING OFFICER. Without right thing when it comes to changing circumstances get to a point to where our outdated law. objection, it is so ordered. maybe we need to hold nominations I yield back, Mr. President. until we get the information we need f I suggest the absence of a quorum. that is instructive to the future nomi- The PRESIDING OFFICER. The AIR SERVICES AGREEMENT WITH clerk will call the roll. nation or the future vote or consent CUBA matter. The legislative clerk proceeded to I agree with Senator REID’s 2005 Mr. FLAKE. Mr. President, last call the roll. statement, I agree with Senator BIDEN, month we reached a milestone in the Mr. SESSIONS. Mr. President, I ask Chairman BIDEN, now-Vice President continuing reform of our policy toward unanimous consent that the order for BIDEN’s statement of 1992, and I agree Cuba. The United States and Cuba the quorum call be rescinded. The PRESIDING OFFICER. Without with Senator SCHUMER’s of 2007. completed a bilateral air service agree- My colleagues, it is time for us to ment that is key to ensuring the con- objection, it is so ordered. move on and recognize the position we tinued travel of Americans to the is- f have taken is a position that is going land. The newly minted air services REMEMBERING JUSTICE ANTONIN to stand. We can go to the American agreement will, for the first time in 50 SCALIA years, provide scheduled air service be- people back in our States, States like Mr. SESSIONS. Mr. President, the North Carolina, where we have a pri- tween the United States and Cuba, in- Nation has lost one of the greatest Jus- mary next week, and I will be traveling cluding 20 daily flights to Havana and tices ever to sit on the Supreme Court, all across the State tomorrow and Sat- 10 daily flights to other Cuban airports. Antonin Scalia. My condolences and urday, back again on Monday. I will ex- As someone who believes that all prayers go out to his wife of 55 years, plain to them why I have taken the po- Americans should have a chance to see Maureen, his 9 children, and 36 grand- sition I have, and when we do, all the a living museum of a failed socialistic children. games that are being played now, with experiment, I look forward to the day My thought is that Justice Scalia’s one poll saying one thing or another when all Americans can use Web sites greatness was founded on the power of poll saying another thing, we can cut they are familiar with to make res- his ideas. His defense of those founding through the noise and talk about what ervations, even with their frequent principles of America at the highest in- we are really trying to do. flyer miles, to book flights to Havana tellectual level is unprecedented, to What we are trying to do is to give and elsewhere in Cuba. Clearly, there is my knowledge, in the United States. the people an opportunity to voice interest on our side of the Florida Over his career, he moved the legal where they want to take the direction Strait. With easing of regulatory re- world. As a young lawyer out of law of the Supreme Court, where they want strictions, authorized travel to Cuba by school, I remember what the trends to take the Nation in terms of the Americans has increased by more than were and how Justice Scalia relent- Presidency, and where they want to 50 percent in just one year. Freedom to lessly, intellectually, aggressively, and take the Nation in terms of the Con- travel between the two countries will soundly drove the message that many gress. I am willing to bet on the peo- continue to open cultural and eco- of the ideas that are out there today ple’s voice, and I am looking forward to nomic ties, benefiting the Cuban people are inconsistent with the rule of law it being instructive to the ultimate de- and Americans alike. and the American tradition. cision I make about a Supreme Court While I ardently support everyone’s The trend was relentlessly toward ac- nominee. right to travel to Cuba, key to the suc- tivism. Judges were praised if they ad- I love getting letters from folks in cess will be ensuring that the initial vanced the law—not when they fol- my State, so the last thing I leave you flights being awarded by the Depart- lowed the law, or served under the law,

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.038 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 10, 2016 CONGRESSIONAL RECORD — SENATE S1429 or the Constitution, but if they ad- decade or two from now—reinterpret at one such ceremony, and one of the vanced it. By advancing it, what that the words to advance an agenda during families in attendance that objected really means is you change it. If you that time? Isn’t that a blow to the very brought suit, alleging that the school’s advance it, it means the legislature concept of the democratic Republic we policy permitting prayer at graduation hadn’t passed something that you have? I think so. was a violation of the First Amend- would like, or the Constitution doesn’t I will tell you that this has been a ment’s Establishment Clause. By a advance an idea that you like, then long and tough intellectual battle. You vote of 5-to-4, the Supreme Court con- you figure out a way to reinterpret the don’t hear many people say that paper cluded that the school’s policy violated meaning of the words so it says what document over in the Archives is a liv- the Establishment Clause. Justice you would like it to say and what you ing thing. Of course it is not a living Scalia dissented. He wrote: wish the legislature had passed. thing. It is a contract. The American In holding that the Establishment Clause One of the bogus ideas at that time— people have a contract with their gov- prohibits invocations and benedictions at you don’t hear much about it anymore, ernment. They gave it certain powers public school graduation ceremonies, the but it was current, and it was main- and reserved certain powers for them- Court—with nary a mention that it is doing stream then—was that the ink-stained selves. They reserved certain powers so—lays waste a tradition that is as old as parchment, well over 200 years old and for their States, and the Federal Gov- public school graduation ceremonies them- right over in the Archives Building, ernment is a government with limited selves, and that is a component of an even more longstanding American tradition of was alive. Our Constitution, they said, power. This is absolutely, undeniably nonsectarian prayer to God at public cele- was a living document. fundamental, and people don’t fully un- brations generally. Well, how ridiculous is that? The derstand it today. judges said that the Constitution gave I remember when I was a U.S. attor- Two years later, the Supreme Court them the power to update it, advance ney back in Alabama and an individual decided Board of Education of Kiryas it, and make it say what they wanted brought me a high school textbook. He Joel Village School District v. Grumet. it to say. They even contended that it said: I want you to see this. This case involved a challenge to a New was the duty of the judge, not just the The book said: How do you amend York statue that tracked village privilege of the judge, to advance the the Constitution? It talked about sev- boundaries to create a public school words of the Constitution. Justice eral different ways to amend the Con- district for practitioners of a strict Scalia saw this as a direct threat, and stitution, such as Congress and the form of Judaism known as Satmar Ha- he understood at the most fundamental Constitutional Convention, but it also sidim. By a vote of 6-to-3, the Court level who was threatened by it, and said by judicial decision. concluded that the government had that was ‘‘we the people.’’ He said: Mr. U.S. Attorney, I thought drawn political boundaries on the basis You know how the Constitution be- the judges were bound by the Constitu- of religious faith in violation of the gins with ‘‘We the People of the United tion. They don’t get to change the Con- First Amendment’s Establishment States, in Order to form a more perfect stitution. Clause. Justice Scalia dissented. He Union, establish Justice, insure domes- Well, of course that is correct. But, wrote: tic Tranquility, provide for the com- in effect, we have had many instances the Founding Fathers would be astonished mon defence, promote the general Wel- when judges, through their interpreta- to find that the Establishment Clause— fare . . . do ordain and establish’’? tion, have in effect amended the Con- which they designed to insure that no one Well, friends and colleagues, we estab- stitution. It is an absolute legal her- powerful sect or combination of sects could use political or governmental power to pun- lish this Constitution, the one we have, esy, and they should not do that. It ish dissenters, has been employed to prohibit not the one some judge would like it to weakens the power of the democracy. characteristically and admirably American be or some politician would like it to One of the things that I think is very accommodation of the religious practices— be but the one we have. unfortunate is that judges have created or more precisely, cultural peculiarities—of He boldly criticized the idea that a an incredible amount of law that is a tiny minority sect.... Once this Court mere five judges—it just takes five out contrary to common sense in the area has abandoned text and history as guides, of nine—with lifetime appointments of religion in the public life of Amer- nothing prevents it from calling religious who are totally unaccountable to the ica. Many of these cases are very con- toleration the establishment of religion. American people. We are prohibited fusing. But Justice Scalia, in a series Ten years later, in 2004, the Supreme from even reducing their pay, which I of cases where he wrote the majority Court decided Locke v. Davey. In this support because we want an inde- opinion, or wrote the dissent, or wrote case, a student challenged a Wash- pendent judiciary. concurring opinions, applied the prin- ington State statute which created a Judges need to know they are given ciples of the Constitution as they were scholarship for students enrolled ‘‘at independence and a lifetime appoint- intended to lay out a lawful and com- least half time in an eligible postsec- ment because we trust them to serve monsense framework for faith in the ondary institution in the state of under the Constitution and not above public square. I think that is a signifi- Washington,’’ but excluded from eligi- it. They serve under the laws duly cant achievement. bility for this scholarship students passed by the elected representatives of When Chief Justice Roberts came be- seeking degrees in devotional theology. the people of the United States, not fore our committee for confirmation, I A student sued to enjoin Washington above those laws. They were not given remember telling him: Sir, I would like from refusing to award him a scholar- the power to set policies that they you to try to clear up and bring some ship. By a vote of 7-to-2, the Supreme would like to set no matter how common sense to the expression of Court upheld the statute. Justice strongly they feel about it. That is not faith. You have a right to free speech Scalia dissented. He wrote that: what they have been given to do. He in America, you have a right to the When the State makes a public benefit boldly criticized those ideas and those free exercise of religion under the Con- generally available, that benefit becomes individuals and didn’t mind saying it in stitution, so how has it gotten around part of the baseline against which burdens plain words: You are setting policy, that you can be protected more in on religion are measured; and when the you are not following the law. filthy speech than you can be protected State withholds that benefit from some indi- I would say that Professor Van in religious speech? viduals solely on the basis of religion, it vio- Aylstyne—while at William & Mary or So as I said, Justice Scalia issued a lates the Free Exercise Clause no less than if it had imposed a special tax. That is pre- Duke—had a great quote about this. He series of opinions that were important cisely what the State of Washington has said: If you really honor the Constitu- on this subject. For example, in 1992, done here. It has created a generally avail- tion, if you really respect the Constitu- the Supreme Court decided Lee v. able public benefit, whose receipt is condition, you will reinforce it as it is writ- Weisman. This case involved a chal- tioned only on academic performance, in- ten whether you like it or not. lenge to a Rhode Island public school come, and attendance at an accredited If judges today can twist the Con- policy that permitted a member of the school. It has then carved out a solitary stitution to make it say something it clergy to deliver prayers at middle course of study for exclusion: theology. was not intended to mean, how might a school graduation ceremonies. In this The next year, the Supreme Court de- new Court—five judges in a new age a instance, a rabbi had delivered a prayer cided McCreary County v. ACLU of

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.042 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1430 CONGRESSIONAL RECORD — SENATE March 10, 2016 Kentucky. This case involved a chal- life were issued in dissent. In 1995, Jus- establishment of religion. Some States lenge to the placement of the Ten Com- tice Scalia wrote the opinion for the at the time had established religions. mandments on the walls inside two Court in Capitol Square Review and Most of the countries in Europe had a Kentucky courthouses. By a vote of 5- Advisory Board v. Pinette, where the religion that they put in law for their to-4, the Supreme Court held that the Court rejected an Establishment country, and we said: No, we are not placement of the Ten Commandments Clause challenge to the Christmas sea- going to establish any religion here. inside of courthouses was a violation of son display of an unattended Latin You have the right to exercise your re- the First Amendment’s Establishment cross in a plaza next to the Ohio State ligious faith as you choose. Clause. Justice Scalia dissented. He Capitol. Writing for the Court, Justice Madison and Jefferson particularly wrote that: Scalia said: believed it was absolutely unacceptable Historical practices demonstrate that Respondents’ religious display in Capitol for this government to tell people how there is a distance between the acknowledg- Square was private expression. Our prece- to relate to that person they consid- ment of a single Creator and the establish- dent establishes that private religious ered to be their creator. That was a ment of a religion. The former is, as Marsh speech, far from being a First Amendment personal relationship that ought to be v. Chambers put it, ‘‘a tolerable acknowledg- orphan, is as fully protected under the Free respected and the government ought to ment of beliefs widely held among the people Speech Clause as secular private expression. of this country.’’ The three most popular re- Indeed, in Anglo-American history, at least, have no role in it. ligions in the United States, Christianity, government suppression of speech has so Like Madison and Jefferson, Justice Judaism, and Islam—which combined ac- commonly been directed precisely at reli- Scalia, too, believed in American count for 97.7% of all believers—are mono- gious speech that a free-speech clause with- exceptionalism. Indeed, he was truly theistic. All of them, moreover (Islam in- out religion would be Hamlet without the exceptional. Although he will be im- cluded), believe that the Ten Command- prince. possible to replace, his seat on the Su- ments were given by God to Moses, and are And just last term, Justice Scalia preme Court will eventually be filled divine prescriptions for a virtuous life. Pub- licly honoring the Ten Commandments is wrote the opinion for the Court in by the next President. After that nomi- thus indistinguishable, insofar as discrimi- EEOC v. Abercrombie & Fitch Stores, a nee is confirmed, his or her decisions nating against other religions is concerned, case about accommodation on the basis will likely impact our Nation for the from publicly honoring God. Both practices of religion in the employment environ- next 30 years and far beyond. Next are recognized across such a broad and di- ment. In this case, a Muslim individual year, when we debate this eventual verse range of the population—from Chris- who wore a head scarf as part of her re- nominee’s qualifications to assume tians to Muslims—that they cannot be rea- ligious observation applied for a job at Justice Scalia’s seat, we need look no sonably understood as a government en- a clothing retailer, but was not hired further than his own words for wisdom dorsement of a particular religious view- point. due to the company’s policy, which to guide us as we consider our decision. In no uncertain terms, Justice Scalia’s More recently in 2014, Justice Scalia prohibited employees from wearing McCreary County dissent reminds us dissented from a denial of certiorari in ‘‘caps.’’ In reversing the court of ap- that: the case of Elmbrook School District v. peals in favor of the applicant, Justice Doe. In this case, the entire seventh Scalia wrote that: What distinguishes the rule of law from circuit, over three dissents, held that a Congress defined ‘‘religion’’ for Title VII the dictatorship of a shifting Supreme Court majority is the absolutely indispensable re- suburban Milwaukee public high school purposes as ‘‘including all aspects of religious observance and practice, as well as be- quirement that judicial opinions be grounded district violated the Establishment lief.’’ Thus, religious practice is one of the in consistently applied principle. That is Clause of the First Amendment by protected characteristics that cannot be ac- what prevents judges from ruling now this holding its graduation in a non- corded disparate treatment and must be ac- way, now that—thumbs up or thumbs down— denominational church. Justice Scalia commodated. as their personal preferences dictate. wrote that: As we see, these opinions by Justice That is the governing principle that Some there are—many, perhaps—who are Scalia involve parties of varied faiths— Justice Scalia abided by—unwavering offended by public displays of religion. Reli- Christians, Jews, and Muslims. Regard- commitment to the rule of law even gion, they believe, is a personal matter; if it less of the identity of the party, Jus- when reaching the outcome that the must be given external manifestation, that tice Scalia’s opinions on religion in law dictated did not align with his pol- should not occur in public places where others may be offended. I can understand that public life consistently evidence a deep icy preferences. This—above all attitude: It parallels my own toward the respect for the unique history of reli- things—is the duty of a judge or Jus- playing in public of rock music or Stra- gious pluralism in this country and a tice, and it is a principle that has fall- vinsky. And I too am especially annoyed heartfelt appreciation for its positive en by the wayside far too often in re- when the intrusion upon my inner peace oc- impact across the landscape of the na- cent years. It is imperative that we curs while I am part of a captive audience, as tion. While some may say his opinions keep these words in mind when we con- on a municipal bus or in the waiting room of are not consistent, I disagree. Religion sider appointments not only to the Su- a public agency. In this case, at the request of the student in American life is an important and preme Court, but all lifetime appoint- bodies of the two relevant schools, the complex subject. Judges must think ments to the Federal judiciary. Elmbrook School District decided to hold its carefully but not abandon common I thank the Presiding Officer and high-school graduation ceremonies at sense as so many opinions have. Jus- yield the floor. Elmbrook Church, a nondenominational tice Scalia saw limits on free exercise I suggest the absence of a quorum. Christian house of worship. The students of of religion when it came to the conten- The PRESIDING OFFICER. The the first school to move its ceremonies pre- tion, for example, that one’s religion clerk will call the roll. ferred that site to what had been the usual required the use of drugs that a State The legislative clerk proceeded to venue, the school’s gymnasium, which was cramped, hot, and uncomfortable. The had declared illegal. call the roll. church offered more space, air conditioning, So this is an important area that Mr. WYDEN. Mr. President, I ask and cushioned seating. No one disputes that needs to be cleared up so that we can unanimous consent that the order for the church was chosen only because of these bring some reality to the question of the quorum call be rescinded. amenities. the expression of religious conviction The PRESIDING OFFICER. Without In this case, it is beyond dispute that no in public life. Because the Constitution objection, it is so ordered. religious exercise whatever occurred. At says we shall not establish a religion— most, respondents complain that they took f offense at being in a religious place. It bears Congress shall not establish a religion. It doesn’t say States couldn’t establish COMPREHENSIVE ADDICTION AND emphasis that the original understanding of RECOVERY BILL the kind of coercion that the Establishment a religion; it says Congress can’t estab- Clause condemns was far narrower than the lish a religion. It also says ‘‘nor shall Mr. WYDEN. Mr. President, now that sort of peer-pressure coercion that this Court Congress prohibit the free exercise the Senate has passed the Comprehen- has recently held unconstitutional. thereof.’’ So you can’t prohibit the free sive Addiction and Recovery Act, I Although many of his dissents were exercise of religion. wish to take a few moments to reflect memorable, not all of Justice Scalia’s I think we have forgotten the free ex- on what I believe are going to be addi- notable opinions on religion in public ercise clause and over-interpreted the tional steps that are needed to really

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.044 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 10, 2016 CONGRESSIONAL RECORD — SENATE S1431 put an end to the horrible opioid epi- My amendment would also have addition to enforcement, you are not demic. This is a horrible, horrible made significant progress to connect going to get the job done properly. health scourge that has carved a path those struggling with addiction to ap- The Congress obviously has some of destruction throughout communities propriate treatment. Some parts of the tough choices to make. If prevention in Oregon and across our country. bill the Senate passed crack down on and treatment aren’t addressed up- Now, over the last several weeks, I those on Medicare who are suspected of front, the costs are going to be even have traveled around Oregon to spend abusing opioids. It is an enforcement- higher—pregnant mothers giving birth time listening to experts. We heard only approach, and my view is that the to opioid-dependent babies, EMTs in powerful testimony in the Finance story cannot stop there. Without treat- emergency rooms dealing with over- Committee, and I have spoken with ment, those addicted to opioids might dose calls every night, county jails colleagues here in the Senate about the try to get their pills on the street or taking the place of needed treatment, urgency and the important scale of this turn to heroin. My amendment would able-bodied adults in the streets in- national crisis. The message has been have ensured that those who are at stead of working at a family wage job. very clear: Our country is paying for a risk for opioid abuse are connected to American tax dollars need to be spent distorted set of priorities. Our citizens meaningful treatment choices so they more wisely, and it is my view the Sen- get hooked on opioids, there is not can better manage their pain and limit ate has to come back to this issue. It enough treatment, and enforcement excessive prescriptions. has to come back to this issue and get falls short. My view is that is a trifecta I also proposed an amendment that the job done right. of misplaced priorities. would have helped some of the most I indicated earlier that I am very What it says to me is that our coun- vulnerable Americans, including preg- much aware of the expertise of the Pre- try needs a fresh approach where pre- nant women on Medicaid who struggle siding Officer in health care and his in- vention, better treatment, and tougher with addiction. The costs of inaction volvement as a practitioner, and I look enforcement work in tandem. We have here add up every single day for moms back, as I said, to how the prescription to have all three working together to and their babies. A recent Reuters in- pendulum has moved. It wasn’t very really get on top of this horrible, hor- vestigation found that, on average, an long ago when I was of the view that rible health scourge. The Congress opioid-dependent baby is born every 19 there wasn’t enough done to manage ought to be working overtime on poli- minutes. These are high-risk preg- pain. As patients began to insist on those kinds of drugs and therapies to cies that start moving our Nation to- nancies that can have lifelong con- help them with their pain, we saw they wards this tandem approach that I sequences for mothers and their chil- were able to get relief. The pendulum have described. dren. Some of these babies tragically may have swung the other way now, Now, my view is that the bill that aren’t going to make it. Many of them and there is too much prescribing. I was passed by the Senate takes the are going to be placed in foster care if first step toward updating the coun- don’t pretend to be the authority on their mothers cannot break their ad- try’s out-of-date approach to substance how to get the prescription pendulum diction. abuse. More needs to be done, and that So it is critical that these women right, but I do know from listening to practitioners in the field, to citizens, is what I and other colleagues have have and retain full access to pre- and to grieving parents, that you have to pushed hard to do. I very much hope post-natal care as well as addiction have more than enforcement. That is that more can be done in this Congress. treatment. Yet, today, if a pregnant As ranking member of the Finance what the Senate has done with the bill woman on Medicaid receives treatment Committee, we are required to pay for that was passed today. The story must for drug or alcohol dependency, in cer- Medicare and Medicaid. I wish to spend not end there. The Senate can do bet- tain in-patient facilities, that woman a few minutes talking about the funda- ter in the days ahead. The Senate can loses her health coverage for the dura- mental role that is going to play in fill in the rest of the story and ensure tion of her stay. That just defies com- stemming the tide of opioid abuse. that in addition to enforcement, there mon sense. These are bedrock health programs, will be prevention, there will be treat- The good news is, the country has a and they are expected to account for ment, and a sensible policy that en- pretty good idea of a straightforward over a third of substance abuse-related sures that these three priorities work solution. There is no reason someone spending in the upcoming years. We are in tandem and is what the Senate pur- who is pregnant should lose access to talking about billions and billions of sues on a bipartisan basis in the days their health insurance. This amend- dollars. Medicare and Medicaid have an ahead. ment simply states that no pregnant important role when it comes to pre- f venting addiction at its source, and woman would lose her Medicaid while talking about prevention has to in- she receives treatment for addiction. WOMEN’S HEALTH CARE clude talking about how these drugs To be clear, this amendment doesn’t Mr. WYDEN. Mr. President, I want to are prescribed in the first place. instruct Medicaid to pay for these spend just a few minutes to discuss As I visited with citizens around Or- treatment services. That charge re- women’s health care because I believe egon, I was struck—and I know of the quires a broader debate. I do believe, women’s health care in America is in Presiding Officer’s expertise in health though, in the meantime, access to trouble—very deep trouble. It is in care as a practitioner—by what I have services like prenatal care should not trouble in Congress, it is in trouble in come to call the prescription pen- be restricted for pregnant women who the courts, and it is in trouble in our dulum. Doctors were once criticized for want to receive care for their addic- statehouses. In these bodies, I think not treating pain aggressively enough, tion. there is a serious risk to women’s ac- and today they are criticized for pre- It is unfortunate these amendments cess to affordable, high-quality health scribing too many opioids to manage didn’t make it into the Senate legisla- care. There is an assault on women’s pain. So in the days ahead, our country tion today, but I have seen a number of right to choose their own physicians is going to have to look for solutions times—and I look forward to working and their own providers, and that as- that get the balance right. with my colleagues in the Senate—that sault is wrong. Drip by drip, State by During the debate on this bill, the sometimes we don’t win on day one, State, the assault goes on. Senate considered an amendment I and you have to come back again and The latest example is in Florida, wrote that would have doubled the pen- again and again. A few weeks ago, a where lawmakers seem to be heading alties for opioid manufacturers who bill I authored well over a decade ago, down the same road that Texas and give kickbacks to prescribers and put the Internet Tax Freedom Act, finally Louisiana have traveled, restricting profits over patients. It has been well got passed permanently into law. So the choices of women. This all began documented in recent years that com- sometimes when something is impor- with a Texas law, HB2, that has been panies are pushing the unapproved use tant, you just have to stay at it, and I challenged all the way to the U.S. Su- of some drugs at the expense of patient want colleagues to know I think the preme Court. Arguments were heard safety. It is high time for real account- CARA bill is a good start. It focuses on just last week. HB2 backers have ar- ability when the manufacturers go too enforcement, but unless you get the gued the law is about protecting wom- far. prevention and treatment part of it in en’s health. My view is that is pretty

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.045 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1432 CONGRESSIONAL RECORD — SENATE March 10, 2016 much fiction. HB2 has very little to do access to health care for women in this voices, and it is not a climate condu- with women’s health. It is a thinly country is in trouble, and a number of cive to the effective learning of civic veiled scheme to block women’s health the services I have talked about are es- participation. We can and must do bet- choices with unjustifiable require- sentially part of what is a constitu- ter. ments for abortion clinics. The AMA tional right—a constitutional right. It On the 25th anniversary of the Hazel- and the American Congress of Obstetri- doesn’t just mean it is a constitutional wood decision in 2013, every major jour- cians and Gynecologists—people who right if you are well-off. It is a con- nalism education organization in the obviously have expertise on this issue— stitutional right because the U.S. Su- Nation enacted a resolution calling on have said very clearly in a legal brief, preme Court has said it, and I intend to schools and colleges to abandon reli- an amicus brief, that the restrictions defend that constitutional right. I in- ance on the Hazelwood level of institu- are ‘‘contrary to accepted medical tend to do everything I can to build bi- tional control. The sentiment was per- practice and are not based on scientific partisan support so that instead of haps best expressed by the Association evidence.’’ Despite the advice of the women’s health services being in deep for Education in Journalism and Mass American Medical Association and the trouble as I described today, women Communication, the largest organiza- American Congress of Obstetricians can know that those essential services tion in the country of college jour- and Gynecologists, Texas went ahead are available for them across the coun- nalism instructors, which stated that with the law anyway. If it stands, the try. ‘‘no legitimate . . . purpose is served number of clinics that provide abortion Mr. President, I yield the floor. by the censorship of student jour- care will drop by more than three-quar- I suggest the absence of a quorum. nalism even if it reflects unflatteringly ters. Now HB2 backers say it is about The PRESIDING OFFICER. The on school policies and programs, can- preventing complications from abor- clerk will call the roll. didly discusses sensitive social and po- tion. Yet they ignore other proce- The senior assistant legislative clerk litical issues, or voices opinions chal- dures—colonoscopies, for example, that proceeded to call the roll. lenging to majority views on a matter have much higher rates of complica- Ms. HEITKAMP. Mr. President, I ask of public concern.’’ tions. HB2 backers say women who live unanimous consent that the order for Since then, nine States have statutes where these clinics have shuttered the quorum call be rescinded. protecting the independence of student could go to other States, but the fact The PRESIDING OFFICER. Without journalists to report on issues of public is, we are hearing that really isn’t an objection, it is so ordered. concern without fear, and two have option for so many women. comparable protections by way of the Louisiana just passed its own version f State board of education rules. The of HB2. Just yesterday the news came STUDENT’S FIRST AMENDMENT combined experience of these 11 States down that legislators in Florida have RIGHTS passed a similar measure. The Florida spans well over 160 years, dem- Ms. HEITKAMP. Mr. President, I onstrating that young people are fully bill goes one dangerous step further by come to the floor today to talk about going after funding for Planned Parent- capable of exercising a measure of le- one of our most cherished rights as gally protected press freedom respon- hood. Attacks on Planned Parenthood U.S. citizens; that is, the freedom of aren’t anything new, not in state- sibly and without incident or harm. speech and why allowing our children houses like Tallahassee or here in the I am proud to say that my own home and young people to exercise this right Congress. When you threaten Planned State of North Dakota established a at a young age is critical to learning Parenthood in this way, you are going position of national leadership by en- and understanding complex and tough far beyond restricting access to abor- acting the John Wall New Voices of issues and ideas. tion. Here is the list of vital women’s North Dakota Act in 2015. The statute The ability to effectively teach and health care services which have abso- was named in memory of a truly amaz- learn journalism—and for other stu- lutely nothing to do with abortion, and ing educator, John Wall, who lived his dents to be challenged to engage in these services which have nothing to own civics lesson by running for the public discourse on tough issues—was do with abortion are under threat: North Dakota House of Representa- severely hindered by the U.S. Supreme pregnancy testing, birth control, pre- tives, where he served with great dis- Court ruling in 1988 in Hazelwood natal services, HIV testing, cancer tinction for 10 years after retiring from screenings, vaccinations, testing and School District v. Kuhlmeier. The Ha- a 34-year career as a public school treatment for sexually transmitted in- zelwood case legitimized a school’s de- teacher. fections, basic physical exams, treat- cision to remove material about di- The New Voices Act passed the North ment for chronic conditions, pediatric vorce and teen pregnancy from the Dakota State Legislature with bipar- care, hospital and specialist referrals, pages of a student newspaper on the tisan sponsorship and without a single adoption referrals, nutrition programs. grounds that the material was overly negative vote. That is truly an amaz- The fact is, this assault on women’s mature for a high school audience. ing fact. As we think about the impor- health care is going to hit disadvan- Justice William Brennan, one of the tance of student journalism, the impor- taged, struggling women hard across First Amendment’s greatest judicial tance of voicing opinions and the im- our country. There are countless champions, dissented from that ruling portance of learning the value of par- women across America enrolled in in words that resonate with us here ticipation through the First Amend- Medicaid who rely on Planned Parent- today. He said: ‘‘Instead of teaching ment or through speech, I am often re- hood and similar programs for their children to respect the diversity of minded of a personal incident that I basic, essential medical care. It is their ideas that is fundamental to the Amer- had in my family. first line of defense for basic health ican system and that our Constitution My daughter was not on the school care, particularly in rural communities is a living reality, not parchment pre- newspaper when she was in high school, in rural Oregon. The women know and served under glass, the Court today but she frequently wrote a column. One trust their doctors at those clinics. teaches youth to discount important column that she wrote generated a lot Without those clinics, they aren’t principles of our government as mere of controversy in a very small town at going to have anywhere to turn for platitudes.’’ a time when it was much more con- their care. If you are working an hour- History has vindicated Justice Bren- troversial. It was an article that pro- ly job, you have kids to care for on nan’s dire warning. Students regularly moted marriage equality. She ended up your own, it is pretty clear you are not report that they have been prevented getting a lot of grief and a lot of nega- going to find an easy way to take a day from discussing matters of public im- tive attention as a result of writing off work and travel far away for med- portance in the pages of student media that article. My daughter is pretty ical care. Yet these are the kind of or, perhaps worse, they have restrained opinionated. So it didn’t bother her too laws that are being passed in States themselves from even attempting to much. across America. These anti-woman address an issue of social or political But many years later, I received a laws are unfair and they are dangerous. concern in fear of adverse con- letter from a mother. That letter from This will not be the last time I come sequences. That is not an environment a mother talked about how she was in to the floor to discuss this. My view is that values and empowers student a same-sex relationship, had been most

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.046 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 10, 2016 CONGRESSIONAL RECORD — SENATE S1433 of her life and most of her daughter’s With that, I yield the floor. and summer volunteers working in life, and how once my daughter had I suggest the absence of a quorum. Mississippi during the Freedom Sum- published this article in the Mandan The PRESIDING OFFICER. The mer. school newspaper, it changed the out- clerk will call the roll. It was the MCHR that provided help come. It changed the way her daughter The senior assistant legislative clerk and emergency medical care to anti- went to school every day because she proceeded to call the roll. war protesters at the 1968 Democratic knew she wasn’t alone. She knew some- Mr. SASSE. Mr. President, I ask National Convention in Chicago. In Oc- one was there in that school who un- unanimous consent that the order for tober of that year, Dr. Young received derstood her challenges and supported the quorum call be rescinded. a summons by the House Un-American her family. So where it may not move The PRESIDING OFFICER. Without Activities Committee for his involve- big issues—and it may not be a big, objection, it is so ordered. ment in MCHR. He valiantly defended moving example like Hazelwood—it f the MCHR’s work. After Rev. Martin Luther King, Jr., can, in fact, change outcomes. The REMEMBERING DOCTOR QUENTIN was struck in the head by a rock while ability to express yourself, the ability YOUNG to be part of a community where we marching through a White neighbor- have open ideas is absolutely instru- Mr. DURBIN. Mr. President, I would hood, Dr. Young was there to patch mental and critical to the future of our like to take a few minutes to talk him up. He was not only Dr King’s phy- country. about an extraordinary person who sician but a fellow marcher during the When you look at the restrictions passed away on Monday, March 7, at Marquette Park protest in 1966. that still today are put on student the age of 92. Dr. Quentin Young was a Dr. Young and the late Dr. Jorge press and student newspapers, we know dedicated physician and an advocate Prieto, former head of the Chicago we have to do better. for civil rights in Chicago. Board of Health, became the primary I applaud the new voices of North Da- Some of Dr. Quentin’s patients in- force behind the movement to found kota organization and its founder, Pro- cluded the Rev. Martin Luther King, neighborhood medical clinics in the fessor Steven Listopad of Valley City Jr., the Beatles, Studs Terkel, the late late 1960s. These clinics gave medical State University and those teachers, Mayor Harold Washington, and even help to countless people when they professors, and students around the President Obama. couldn’t afford to go to the doctor. country who engage in similar efforts Dr. Young’s commitment to the com- From 1972 to 1981, he served as chair- for helping shine the Nation’s atten- mon good is what makes him a legend. man of Medicine at Cook County Hos- tion on the urgent need to protect He spent 35 years at Cook County Hos- pital. His example helped bring many meaningful and candid journalism so pital and 56 years of private practice in dedicated people back to the hospital, that young people have an opportunity Hyde Park improving health care while but it wasn’t without challenges. The to participate and drive the civic dia- fighting for social justice and racial staff went on strike because of the lack logue about the world in which they equality. His autobiography is titled, of resources in 1975. Dr. Young sided live and they will eventually lead. ‘‘Everybody In, Nobody Out: Memoirs with the young doctors, and the gov- The skills learned and developed by of a Rebel Without a Pause.’’ And he erning commission fired him for it. student journalists and the roles they meant it. With loyalty, the striking staff took can play in driving public conversation Doctor Quentin Young grew up in his office door off its hinges so manage- among their peers speak to the indis- Hyde Park in Chicago’s Southside. And ment couldn’t change the locks and pensable role that journalism can when America entered World War II, he held a 24-hour vigil outside his office play—if adequately supported by our enlisted in the Army and served his until he regained his position after a schools—in educating the next genera- country honorably. court fight. tion for the careers of the future and After returning from the war, Dr. In 1980, Dr. Young founded the Chi- for preparing our children to discuss, Young graduated from medical school cago-based and Illinois-focused Health debate, and lead on important and con- at Northwestern University and would & Medicine Policy Research Group, troversial issues. go on to spend 35 years at Cook County which conducts research, education, I think that, as we are moving for- Hospital treating patients and becom- policy development, and advocacy for ward and taking a look at what can be ing a moral voice during the Civil policies that impact health systems to done, it is important that we all appre- Rights era. When people outside of Chi- improve the health status of all people. ciate that the First Amendment is not cago hear the words Cook County and He would go on to serve as Mayor Har- something that you should just learn hospital, people think about the show old Washington’s appointment as presi- in school books. It is something that ‘‘ER’’ and doctors resembling George dent to the Chicago Board of Health. you must exercise. And the sooner you Clooney. For the people in Chicago, Dr. Quentin Young never lost his pas- exercise that First Amendment right they think of Dr. Quentin Young. sion for providing equal access to to speech, the sooner we recognize that Dr. Young’s experience at Cook health care for the people of Illinois. young voices in this country are as County Hospital and his efforts during Since retiring from private practice in critical as older voices and no student the Civil Rights movement were inter- 2008, he fought hard for a single-payer should be restricted or prevented from twined. In 1951, he was a founder of the system. expressing an opinion and the stronger Committee to End Discrimination in In 2001, at the age of 78, he walked 167 we will grow in our democracy. Chicago Medical Institutions, which fo- miles across Illinois, from Mississippi I look forward to continuing to work cused on ending racist practices in Chi- River to Lake Michigan, with former on this issue. I look forward to taking cago’s hospitals and clinics. Governor Pat Quinn to promote access on the difficult task of talking about By 1960, the Cook County Hospital to health care. what we can do nationally to advance was serving the Black community and He never wavered in his belief in hu- this, but I mainly came to the floor to immigrant Mexican community almost manity’s ability and responsibility to applaud the great State of North Da- exclusively. Eighty percent of Chi- make a more equal and just nation. My kota for recognizing the importance of cago’s Black births and nearly half of prayers and thoughts go out to his fam- students’ First Amendment rights. all Black deaths were at Cook County ily, Michael, Ethan, Nancy, Polly, Bar- I encourage all Members in this Hospital. This place was one of the bara, William, Karen, and his nine Chamber to examine what happens at frontlines of social inequality and Dr. grandchildren. home with students’ First Amendment Young and his family fought to change f rights, to provide leadership, to pro- that. His efforts were not limited to mote those rights in their State, and to the Chicagoland area. Dr. Young was a COMPREHENSIVE ADDICTION AND potentially look at how we can reverse founder and national chairman of the RECOVERY BILL the Hazelwood decision so that we can Medical Committee for Human Rights Mr. LEAHY. Madam President, 8 grow a more confident, a more edu- or MCHR, which formed in June 1964 to years ago, I convened the first in a se- cated, and a more diverse population offer support and medical care for civil ries of hearings in Vermont where the for our future. rights workers, community activists, Senate Judiciary Committee examined

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.047 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1434 CONGRESSIONAL RECORD — SENATE March 10, 2016 the growing problem of drug addiction priate level. Although challenges re- killers killed nearly 19,000 Americans. in rural communities. As we gathered main and waiting lists are still too In Montana alone, according to the in Rutland in March 2008, the mayor long, I believe this system can be a Montana Department of Public Health noted in his opening statement that model for the Nation’s response to the and Human Services, prescription drug there was a part of him that wished opioid crisis. overdoses led to at least 369 deaths and that the committee did not have to be Earlier this year, we heard powerful more than 7,200 hospital inpatient ad- there in his city that day. He wished testimony from Governor Shumlin missions and emergency department that his community was not facing the about the progress that Vermont has encounters statewide over a recent 3- scourge of drug abuse and addiction made because of this comprehensive year period. The effects of opioid addic- that was creeping across rural Amer- approach—but also about the work tion are undisputedly devastating. ica. that still remains to be done. It is also important to keep in mind But in true Vermont fashion, Mayor Vermont’s focused and persistent ef- that chronic pain is a very real prob- Louras and the other community lead- forts are now drawing attention and lem that affects millions of Americans. ers, law enforcement officials, and replication in communities across the When discussing the negative con- health professionals who gathered with Nation. sequences of opioids, we must also re- us that day in March 2008 did not shy In many ways, the Comprehensive member that effective treatments for away from the problem. Instead, we Addiction and Recovery Act, or CARA, chronic pain are absolutely necessary had an honest discussion about how to builds upon the work in Vermont. for those struggling with long-term fight this problem together and about To specifically address the opioid pain management. That is why I believe it is time to de- how the Federal Government could problem in Vermont and other rural vote more energy and funding to the help. Over the past 8 years, we have areas, I made sure that CARA will help development of non-opioid painkillers. continued this important conversation get the overdose-reversal drug naloxone into more of our rural com- Early stage research in my home State at other hearings I convened in St. Al- of Montana is demonstrating incredible bans, in Barre, and again in Rutland. munities. Getting naloxone into more hands will save lives. I also ensured promise in developing non-opioid drugs We have heard testimony from commu- that CARA includes a new Federal that could help treat both chronic and nity leaders and officials throughout grant program to fund expanded treat- acute pain. I am confident that med- Vermont about the growing problem of ment options for heroin and opioid ical professionals will eventually be opioid addiction. In St. Albans, for ex- abuse and Federal funding to expand empowered to offer their patients effec- ample, Dr. Fred Holmes told us tragic State-led anti-heroin task forces. tive pain management alternatives stories about teenagers getting hooked I am proud to be a cosponsor of that may significantly reduce our soci- on OxyContin and other opioids and CARA, and I am glad to see the Senate ety’s reliance on opioids. then committing crimes to support pass this bill. This bill is historic be- I look forward to working with my their habits. These stories have been cause it marks the first time that we colleagues in the coming months to heartbreaking. are treating addiction like the public find ways to invest in the research and Despite these difficult cir- health crisis that it is. We are not im- development of non-opioid painkillers. cumstances, I am struck by the deter- posing harsh and arbitrary mandatory In the meantime, I encourage Federal mination of Vermonters to come to- minimum sentences on those who agencies, such as the National Insti- gether to address this crisis—and to do abuse drugs. We are not condemning tutes of Health, to ramp up focus on so not just through law enforcement the poor and sick among us to be finding alternative treatments for and locking people up, but through warehoused in our Nation’s jails. chronic pain to reduce our Nation’s de- comprehensive prevention, treatment, Today I am hopeful that we have fi- pendency on opioids. Thank you. and recovery programs. nally learned our lesson from the failed (At the request of Mr. REID, the fol- In Rutland, for example, Project VI- war on drugs. lowing statement was ordered to be SION brings together city officials, law But our work is not done. The Senate printed in the RECORD.) enforcement, and social services to missed an opportunity to provide real f work together, all in the same office, funding for this effort when Repub- VOTE EXPLANATION to confront the problems of drug abuse licans blocked Senator SHAHEEN’s ∑ Mrs. MCCASKILL. Mr. President, I and related crime. What they have amendment that would have provided was necessarily absent for today’s found is that something as simple as for emergency supplemental appropria- sharing office space improves commu- votes. tions, so we need to keep fighting to On S. 524, the Comprehensive Addic- nication and coordination and begins ensure that we provide the necessary to turn the tide. tion and Recovery Act of 2015, I would resources to support implementation of have voted yea. Mary Alice McKenzie, executive di- this bill. In Vermont and across this rector of the Boys & Girls Club, testi- On the motion to table S.J. Res. 31, a country, there are few issues more joint resolution relating to the dis- fied at the most recent hearing in Rut- pressing than opioid and heroin addic- land about children who are neglected approval of the proposed foreign mili- tion, and I will not stop working with tary sales to the Government of Paki- because their parents are opioid ad- people throughout our State to help stan of F–16 Block 52 aircraft, I would dicts and how there is sometimes no fight this epidemic. have voted yea.∑ money for food because parents have Mr. TESTER. Mr. President, earlier f spent it on drugs. Kids are also becom- today the Senate overwhelming passed ing addicts at younger and younger the Comprehensive Addiction and Re- REMEMBERING JUSTICE ANTONIN ages. The Boys & Girls Club has recovery Act, which is a good first step SCALIA sponded by extending evening hours toward combatting the opioid addition Mr. INHOFE. Mr. President, on Feb- and staying open on Saturdays. They epidemic facing our Nation. The bill ruary 13, 2016, Supreme Court Justice now serve dinner 6 nights a week and authorizes expanded treatment options Antonin Scalia passed away in his drive kids home after dark. They pro- and empowers local health and law en- sleep. He was an enduring legacy of the vide safety for these children. They are forcement agencies to intensify efforts Reagan administration and the con- also working with schools and public to combat opioid addiction. This bill is servative standard not only on the Su- health officials to provide education a good start, but there is a lot of work preme Court but for the entire Amer- and prevent them from getting swept left to do to address this increasingly ican judicial community. up in that world. dire situation. This body needs to put History will remember Scalia as a At that same hearing, Vermont’s real resources behind the initiatives we stalwart defender of the Constitution health department commissioner, approved today and place a greater pri- and a brilliant legal mind. He authored Harry Chen, described to us Vermont’s ority on investing in research for non- the majority opinion on countless rul- innovative and successful ‘‘hub and opioid alternatives to pain manage- ings of the Court, preserving and pro- spoke’’ treatment model. This system ment. tecting our Nation’s founding prin- has two levels of care, with the pa- The CDC estimated that, in 2014, ciples. His intellectual honesty, as well tients’ needs determining the appro- overdose related to prescription pain as his humor, will be greatly missed.

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.001 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 10, 2016 CONGRESSIONAL RECORD — SENATE S1435 Justice Scalia played a pivotal role One of the single most memorable service before being confirmed to the in the shaping of constitutional inter- events in my time in the Senate was DC Circuit and later the Supreme pretation throughout his 30-year ten- when Justice Scalia agreed to visit Court. The many accolades and ure on the Supreme Court. He had with and speak to me and my staff. His achievements of his biography are well within him a fervor for law and order; presence and authority impressed all of known. But Antonin, fondly known as yet he demonstrated a warmth that us and, as he discussed a number of ‘‘Nino,’’ was much more than an ex- resonated with many colleagues on topics including the importance of pro- traordinary legal mind. He was man of both sides of the political divide. tecting our constitutional rights; I faith and family, raising nine children Scalia built meaningful relationships admit to being awestruck. It was a with his wife, Maureen. across that divide which were indic- great honor to hear directly from one His son, Christopher, wrote this in ative of the strength of his character. of most significant jurists in American the Washington Post following his fa- Hadley Arkes, an expert in constitu- history, and I know my staff remember ther’s death: ‘‘As proud as we are of his tional law, said that Scalia was able to that day as clearly as I do. legacy as a jurist, of course it’s his ‘‘find something redeeming and like- One thing that distinguished Justice presence in our personal lives that able in just about everyone he met, re- Scalia was not necessarily what he did, we’ll miss the most.’’ To his children, gardless of politics.’’ This was no doubt but what he chose not to do. As a he was a loving father who took them a reflection of his strong Christian staunch adherent of limited, constitu- to Sunday mass, listened to Bach in his background and tremendous character. tional government, on numerous occa- study, and never shied away from You can learn the character of a man sions, he advocated for the Court to playfulness at the dinner table. best by listening to how those who separate itself from political fights or We will remember Justice Scalia in knew him speak of him. Former col- matters involving individuals who are my home State of Mississippi, where leagues and intellectual adversaries free to decide their own fate. we were honored to host him over the alike are unrestrained in their kind Originalism, the theory that the clear years. We shared with him our variety words for Justice Scalia. meaning given to words in the Con- of southern hospitality during his reg- Supreme Court Justice Stephen stitution by our Founding Fathers ular visits to the Magnolia State in Breyer spoke fondly of the late Justice, should be honored, was prevalent in pursuit of duck, deer, and turkey. saying: ‘‘Nino sparkled with enthu- Justice Scalia’s decisions. He abhorred When he wasn’t outdoors, he spent siasm, energy, sense of humor, insight, judicial activism, and he correctly un- time educating the public, especially and seriousness of purpose—the very derstood that the place for instituting college students, delivering thought- qualities that I and his other col- laws was in the legislature, where the provoking lectures at the University of leagues have benefited from in more re- will of the people is democratically Mississippi, Mississippi State Univer- cent years.’’ represented. sity, the University of Southern Mis- Justice Thomas described Scalia as a I know that Justice Scalia will also sissippi, William Carey University, and patriot with a true calling for inter- be remembered for his upbeat nature, MUW. preting the Constitution and noted affability, charm, and wit. At the heart Justice Scalia’s unanimous confirma- that their relationship flourished based of his larger-than-life personality was tion as the first Italian-American Jus- on that common interest. Justice Ruth an educator, a person who not only tice was a historic moment for the Su- Bader Ginsburg also described their re- ruled on the law, but also took the op- preme Court and the beginning of a leg- lationship as close and ‘‘how blessed portunity to inform readers of his opin- endary tenure that will have a pro- she was to have a friend of such bril- ions about the history behind the deci- found effect for generations to come. liance, high spirits, and quick wit.’’ sions. He leaves a vibrant legacy—perhaps Scalia had a positive impact on so I commend his lifetime commitment most notably characterized by his many lives as a Justice, a colleague, a as a public servant and hope his exam- steadfast protection of the Constitu- father, and a friend. His demeanor was ple will inspire us all as we work to re- tion as the Framers intended it. As I just and fair, but marked with person- spect the Constitution and protect the said shortly after learning the news of ality and humor. Late Justice Scalia freedoms of all Americans. We would his death, ‘‘I like to think Antonin was a staunch defender of the Constitu- be wise to follow Justice Scalia’s lead tion, rendering unbiased opinions and a in remembering America’s founding Scalia and James Madison are having unique perspective. principles as we are deciding matters the damnedest visit right now.’’ Mr. HELLER. Mr. President, today Mr. VITTER. Mr. President, today I of the future. honor the late Justice of the Supreme I also wish to express our deepest we honor the life and public service of Court of the United States Antonin condolences to his wife, Maureen, and Supreme Court Justice Antonin Scalia, Scalia. to the rest of his family. I am honored whose passing signifies a great loss for During his many years of serving our to join with the rest of the United our country. Justice Scalia was a de- country, Justice Scalia proved to be a States Senate in celebrating the won- voted family man, scholar, and tireless great defender of our constitutional derful memory and lasting legacy of public servant. He faithfully served Ne- liberties. Regardless of one’s politics, Justice Antonin Scalia. vadans and all Americans for over 30 it is undeniable that Justice Scalia was Mr. WICKER. Mr. President, I join years on our Nation’s highest Court. a true patriot whose passion for up- my colleagues in expressing the deep- My thoughts and prayers continue to holding our American principles was est respect and admiration for Supreme go out to his wife, Maureen, and the matched only by his eloquence and in- Court Justice Antonin Scalia. Our entire Scalia family. tellect. country has lost a brilliant, principled, Born on March 11, 1936, to Salvatore Justice Scalia’s record of public serv- and determined jurist. and Catherine Scalia, Justice Scalia ice stretched from the time President For three decades, Justice Scalia in- was a disciplined, intellectual conserv- Nixon appointed him as general coun- vigorated the Supreme Court, becom- ative from a young age. A diligent stu- sel of the Office of Telecommuni- ing an icon for constitutional dent who studied his way to become cations Policy in 1971 to when Presi- originalism. He had a remarkable abil- valedictorian at Georgetown Univer- dent Reagan nominated him as an As- ity to espouse legal theory with memo- sity and graduating magna cum laude sociate Justice of the Supreme Court rable turns of phrase, and he could ex- at Harvard Law School, Justice Scalia in 1986, where he served until his death pose gaps in opposing opinions with began his legal career in Cleveland, OH in February 2016. Before and inter- laserlike precision. He did not fear dif- in 1961. After practicing law for 6 years mingled during this service, Justice ferences of opinion but embraced the in Cleveland, Justice Scalia accepted a Scalia also served as an extremely tal- intellectual challenge that conflicting position teaching administrative law ented attorney in private practice, a viewpoints could offer. The enduring at the University of Virginia. brilliant law professor, including for friendships he made with those across Justice Scalia entered public service my alma mater Tulane Law School in the ideological spectrum are a true tes- in 1972, during which he served as gen- its summer programs, and an effective tament to his indomitable scholarship. eral counsel for the Office of Tele- leader in the U.S. Justice Department Antonin Scalia had a distinguished communications Policy and chairman at a number of levels. career in law, academia, and public of the Administrative Conference of

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.040 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1436 CONGRESSIONAL RECORD — SENATE March 10, 2016 the United States. In these positions, Amendment requires the government Chief Justice William Rehnquist, who he expanded his expertise in adminis- to obtain a warrant before using high- was a judicial gamechanger in his own trative law, a topic that interested him tech equipment to invade the sanctity right. And I had the good fortune of throughout his career. In 1974, Justice of the home. And in 2008, he penned the knowing Scalia personally for 20 years. Scalia became the Assistant Attorney lead opinion in District of Columbia v. He was brilliant, passionate, and full of General for the Office of Legal Counsel. Heller, which finally recognized the humor. He adored his wife, Maureen; It was here that Justice Scalia would people’s individual right under the Sec- his nine children; and his 36 grand- argue and later win his first case before ond Amendment to keep and bear children. He had a zest for life. He rel- the U.S. Supreme Court. arms. ished anchovy pizzas at A.V. In 1982, President Ronald Reagan ap- As important as these majority opin- Ristorante Italiano, where he would pointed Justice Scalia to the Court of ions were, though, Justice Scalia was take his law clerks and the clerks of Appeals for the District of Columbia. even better known for his dissents, in other Justices. Over the decades, Justice Scalia’s originalist mindset, which he let his true personality—jo- Scalia inspired and mentored a genera- keen perception, and witty writing vial, acerbic, and witty—fully shine tion of conservatives on the bench and caught the attention of President through. Scalia understood that chang- in the legal academy. Reagan, making Justice Scalia a top ing the languishing legal culture would Any advocate who stood before Jus- prospect to fill a potential Supreme take drastic measures, so he wrote his tice Scalia, as I was privileged to do Court vacancy. In 1986, Justice Scalia dissents with a specific target in mind: nine times, knew to expect withering was confirmed by the Senate upon the law students. His aim? To delight their questions that would cut to the quick retirement of Chief Justice Warren senses and engage their brains. To this of the case. When he was with you— Burger. As a Supreme Court Justice, end, he liberally employed colorful when he believed the law was on your Justice Scalia would dramatically metaphors, pithy phrases, and biting side—he was ferociously with you. And change the Court through his powerful logic; and he mercilessly, yet playfully, when he was against you, he would re- dissents and sharp oral arguments. exposed the abundant flaws in the writ- lentlessly expose the flaws in your Throughout his over 30-year tenure ing and reasoning of other Justices. case. President Ronald Reagan could not on the bench, Justice Scalia never Pure applesauce. Jiggery-pokery. have picked a better person to exem- strayed from his conservative prin- Argle-bargle. If you squinted hard plify the true, nonpartisan role of a ciples and steadfast dedication to up- enough, you could almost convince judge. A philosopher-king Justice holding the Constitution. His promi- yourself that G.K. Chesterton had Scalia was not. Rather, he showed the nent leadership and originalist philos- taken a seat on the Supreme Court. world, with his trademark wit and im- ophy will never be forgotten as his leg- But perhaps the highest compliment passioned personality, what a legiti- acy will live on through generations. I I can pay to Justice Scalia is this: Sev- mate, limited, and principled judiciary ask my colleagues and all Nevadans to eral of his key opinions went against would actually look like. An incom- join me today in remembering and some of his staunchest supporters—and parable writer, Scalia’s legacy will live celebrating the life of Justice Antonin they still loved him. Why is that? on for generations. He wasn’t perfect, Scalia. The answer is simple: Even in dis- but he was close. What his supporters— ∑ Mr. CRUZ. Mr. President, Antonin agreement, Justice Scalia’s supporters myself included—treasured especially Scalia was one of the greatest Supreme had confidence that he did not make up was the rock-solid ground he gave us Court Justices in the history of our his mind by reading the political tea on which to expect so much more from country. A lion of the law, Justice leaves, by voting lockstep with ideo- everyone else. And in doing so, he, Scalia spent his tenure on the bench logical cohorts, or by working his way along with Chief Justice Rehnquist and championing federalism, the separa- backward from a desired end to what- others, helped spark a revolution on a tion of powers, and our fundamental ever means was necessary to reach that liberties. He was a passionate defender Court where politics and power had end. Rather, he actually attempted to been the only guideposts for decision- of the Constitution—not the Constitu- interpret the law; that is, he consist- tion as it has been contorted and re- making for far too long. That, more ently did his best to come to a conclu- than anything else, is Scalia’s great vised by generations of activist Jus- sion based on the only items that make tices, but the Constitution as it was contribution to the Nation and will be a Supreme Court opinion valid in the his steadfast legacy.∑ understood by the people who ratified first place: text and logic. it and made it the law of the land. You don’t have to take my word on f Scalia understood that if the Constitu- this, though. Unlike many in our mod- HARRIET TUBMAN tion’s meaning was not grounded in its ern society who espouse ‘‘diversity’’ Ms. MIKULSKI. Mr. President, I rise text, history, and structure, but could yet surround themselves with ideolog- to honor the life and legacy of Harriet instead by revised by judicial fiat, then ical yes-men, Justice Scalia actively Tubman on Harriet Tubman Day. Har- the people were no longer sovereign. No sought out opposing views. His typical riet Tubman is a true trailblazer and longer would the Nation be governed practice was to hire at least one ‘‘lib- one of the most inspiring people in the by law, which expresses the will of the eral’’ law clerk per term so that he history of our Nation and in the his- people; it would be governed by, as would always have someone calling tory of the State of Maryland. Scalia put it, ‘‘an unelected committee him out for unexpected mistakes and Tubman was born into slavery of nine.’’ This, he believed, ‘‘robs the weaknesses. And in the wake of around 1822 in Maryland’s Dorchester People of the most important liberty Scalia’s passing, one of those clerks—a County on the Eastern Shore. After 30 they asserted in the Declaration of self-identified liberal—wrote the fol- years of enslavement, she escaped. But Independence and won in the Revolu- lowing: instead of staying up North with her tion of 1776: the freedom to govern If there was a true surprise during my year newfound freedom, she returned to the themselves.’’ clerking for Scalia, it was how little ref- Eastern Shore 13 times to lead her fam- As one of the leading advocates of erence he made to political outcomes. What ily and hundreds of other slaves to this restrained judicial philosophy, he cared about was the law, and where the freedom, becoming the most well- Justice Scalia became an intellectual words on the page took him. More than any known ‘‘conductor’’ of the Under- force on the Court, where he authored one opinion, this will be his lasting contribu- ground Railroad. Harriet Tubman was a number of noteworthy majority opin- tion to legal thought. Whatever our beliefs, he forced lawyers and scholars to engage on such a central figure in liberating ions. In 1997, for example, Scalia wrote his terms—textual analysis and original slaves that many simply knew her as the opinion in Printz v. United States, meaning. He forced us all to acknowledge Moses. one of the few cases in the last century that words cannot mean anything we want In addition to her work liberating where the Supreme Court has actually them to mean; that we have to impose a de- slaves through the Underground Rail- limited the Federal Government’s gree of discipline on our thinking. A dis- road, Tubman served as a Union scout power to coerce the states. In 2001, in cipline I value to this day. and spy during the Civil War. She was Kyllo v. United States, he led the I first met Justice Scalia in 1996, the first woman to lead an armed expe- Court in holding that the Fourth when I was serving as a law clerk for dition, guiding the raid at Combahee

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.028 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 10, 2016 CONGRESSIONAL RECORD — SENATE S1437 Ferry and liberating 700 slaves. After later a master’s degree in forensic Oversight for the House Banking Com- the war, she became an active leader in science. As a Marine Reservist for 6 mittee. After serving the Federal Gov- the women’s suffrage movement and years, she flew helicopters and used her ernment, Jim returned to Pennsyl- opened a home to serve the aging Afri- forensic skills to assist the Mortuary vania to join the prestigious Pennsyl- can-American community in her new Affairs Office. vania law firm, Dilworth Paxson, hometown of Auburn, NY. Ashley had a passion for public serv- where my father was a partner. In a In 2014, Congress established the Har- ice and was always eager to help people pattern that would be repeated riet Tubman Underground Railroad Na- in need. She volunteered with a suicide throughout his career, Jim’s skill and tional Historical Park, which creates a prevention program and regularly dedication were quickly recognized by National Park on Maryland’s Eastern spent Thanksgiving helping out at a those around him, and he made partner Shore dedicated to tracing Tubman’s soup kitchen. She is fondly remem- himself in just 4 short years. early life and work leading the Under- bered by teachers and classmates at When my father was elected Gov- ground Railroad. Congress also estab- Merrimack High as exceptionally kind ernor of Pennsylvania in 1986, he asked lished the Harriet Tubman National and friendly and as the talented leader Jim to return to public service as the Historical Park in Auburn, NY, which of the Merrimack Cardinals cheerlead- Secretary of the Department of Gen- will commemorate her later years as ing team. eral Services for the Commonwealth of an active participant in the women’s As a newly sworn-in police officer, Pennsylvania. He would serve only 10 suffrage movement and a caregiver for Ashley was struck down while coming months in that position before being aging African Americans. to the assistance of a woman who was called on again by my father, this time I am proud that Congress has recog- being threatened by her husband. ‘‘She to take on the role of executive sec- nized Harriet Tubman’s lifelong dedica- has accomplished more in 28 years than retary to the Governor. Jim continued tion to our country through the estab- I think I could in 100,’’ Prince William to prove his commitment to his work lishment of these two national parks. County Police Chief Stephan Hudson and to Pennsylvania, and in 1989, Gov- We must continue to tell the stories of told The Washington Post. ‘‘That was ernor Casey named him chief of staff at heroes like Harriet Tubman, amplify her desire: to serve, to be involved with the young age of 37. Serving as one of the voices of more women and people of things that mattered, to give her life the chief executive officers in one of color, and make sure they are equally to something worth giving it to. And the most populous States in the Nation represented in our national parks and that’s exactly what she did.’’ is a daunting task, but Jim approached monuments. I also urge Secretary Lew In New Hampshire as in Virginia, the this challenge like he would every to include Harriet Tubman’s portrait loss of a police officer is felt deeply in other in his life: with poise, determina- on our currency as the U.S. Depart- the local community and far beyond. tion, and a commitment to excellence. ment of the Treasury redesigns the $10 We know that the work of law enforce- He served as chief of staff until late bill. ment professionals is difficult and dan- 1994. His strong and patient manner As Harriet Tubman said, ‘‘Every gerous. They perform their duties with was crucial in guiding State govern- great dream begins with a dreamer. Al- great professionalism and selflessness, ment through the difficult months of ways remember, you have within you putting their lives on the line every 1993 while Governor Casey recuperated the strength, the patience, and the pas- day. from serious health issues. After leav- sion to reach for the stars to change Ashley Guindon worked and studied ing State service, he continued his the world.’’ hard to become a superbly qualified dedication to Pennsylvania through his It is my hope that, as we commemo- law enforcement professional. She was service as chairman of the Pennsyl- rate this Harriet Tubman Day, we can proud to wear the badge and to be a po- vania Higher Education Facilities Au- all follow Harriet Tubman’s example lice officer. She gave her life in the line thority, chairman of the Pennsylvania and work together to change the world of duty, coming to the assistance of a Public School Building Authority, and for the better. stranger. I join with so many others in chairman of the Finance Committee of f the Granite State and across the Wash- the Pennsylvania Housing Finance ington area in expressing my respect Agency. HONORING OFFICER ASHLEY and admiration for this remarkable When I was elected to the U.S. Sen- GUINDON young woman and my deep condolences ate in 2006, I knew Jim would be the Mrs. SHAHEEN. Mr. President, peo- to Sharon Guindon and the entire fam- best architect to help me build my Sen- ple across the Washington area were ily. I know how proud they are of Ash- ate organization. He moved to recruit saddened by the death of Officer Ashley ley. We are all proud of Ashley. She the best and brightest for our team and Guindon, slain in the line of duty just was America at its finest. quickly set up a highly functional and one day after being sworn into the f transparent office to work for the best Prince William County Police Depart- interests of the citizens of Pennsyl- ment in Virginia. This brave police of- TRIBUTE TO JAMES BROWN vania. He fostered an internal culture ficer is also being mourned in New Mr. CASEY. Mr. President, today I of hard work and mutual respect and Hampshire, especially in her hometown wish to recognize James Walter Brown, established a firm open door policy of Merrimack, where the law enforce- a true public servant, an accomplished within the office. Jim eschewed the no- ment community considers her one of businessman, and a longtime family tion of a hierarchical Senate office and their own. As Merrimack Police Chief friend. Over the course of the last 30 referred to himself as the ‘‘first among Mark Doyle said: ‘‘When any law en- years, Jim has served at some of the equals,’’ rolling up his sleeves ‘‘for the forcement officer is struck down, it highest levels of the State and Federal good of the order,’’ as he was fond of leaves a hole in our hearts. The fact Governments; most recently, as my saying. He took a particular interest in that she and her family are part of the chief of staff here in the Senate. For 9 the professional development of our Merrimack community drives that years, my staff and I benefitted from junior staff and interns, happily engag- point home even more so.’’ his considerable experience, sage coun- ing in countless career counseling ses- Ashley was the only child of Sharon sel, and signature personal charm. sions, as he called them. While some and the late David Guindon, a Navy Jim’s impressive academic creden- managers quickly forget about the veteran who also served in the Marine tials prepared him well for success: a staff who move on, Jim did the oppo- Corps Reserve and later the New Hamp- diploma from Scranton Preparatory site; instead, he grew with care a for- shire National Guard. After graduating School; an undergraduate degree from midable alumni association of past from Merrimack High in 2005, she fol- Villanova University; and a J.D. from staff and interns, staying in touch with lowed in her father’s footsteps by join- the University of Virginia. He also has people as their careers took them to ing the Marine Corps Reserve. Ashley a combination of substantial public different posts here in Washington and loved flying and went on to earn a and private sector experience from beyond. bachelor’s degree in aeronautical which to draw. He began his public It is a rare honor to work with any- science from Embry-Riddle Aero- service career as a counsel and, later, one of Jim’s caliber, but rarer still nautical University in Florida and staff director for the Subcommittee on when that person can be counted as one

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.039 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1438 CONGRESSIONAL RECORD — SENATE March 10, 2016 of your closest friends. Over the years, family vacations in Wells, ME. Instead 5. Grandparents: Marie DeHez Riley from his time as a mid-level staffer in of talking about himself, he would (grandmother), Deceased; Robert Annan the House of Representatives, to the often speak glowingly about the Riley, Sr. (grandfather), Deceased; Mathilda chief of staff to the Governor of Penn- achievements of his children. Engebrecht Mueller (grandmother), De- ceased; Arthur Mueller (grandfather), De- sylvania, from his success in the pri- At the 2015 Congressional Achieve- ceased. vate sector, to his public service in the ment Awards ceremony, Lieutenant 6. Brothers and Spouses: Frank Arthur Senate, Jim has always stood out as Geraghty received a richly deserved Riley (brother): $25.00, 2014 Ann McLane exceptional. Serving in the Senate has Lifetime Achievement Award—the cap- Kuster; $295.00, 2014 Democratic Congres- been one the highest honors of my life, stone of a distinguished career in pub- sional Campaign Committee; $35.00, 2013 equaled only by the privilege of work- lic service. An inscription at Arlington Democratic Congressional Campaign Com- ing with a man of such integrity and National Cemetery accurately de- mittee; $325.00, 2012 Democratic Congres- professionalism. scribes his service both in the military sional Campaign Committee; $50.00, 2012 Pat- rick Leahy’s Green Mountain PAC; $50.00, As Jim leaves Senate service, I must and in law enforcement: ‘‘Not for fame 2012 Bob Kerrey; no contributions years 2011, thank his patient wife Lynne, who tol- or reward, nor lured by ambition or 2015; Unni Skog (Frank Riley spouse): None; erated her husband living in Wash- goaded by necessity, but in simple obe- Richard Mueller Riley (brother): None; Tra- ington for half of every week in the dience to duty.’’ cey Riley (Richard Riley spouse): None. name of public service. While Jim’s day I would like to express my gratitude 7. Sisters and Spouses: Carol Marie DeHez job kept him closer to his son, Patrick; to New Hampshire State police Lieu- Riley Gauer (sister): None; Richard John daughter-in law, Michelle; and daugh- tenant James Geraghty for his service Gauer (Carol Riley spouse): None. ter, Laura, I know he is eager to give and my sincere condolences to his be- ∑ *Karen Brevard Stewart, of Florida, a Ca- his Buick a rest and spend more time loved wife and family. reer Member of the Senior Foreign Service, back at home in the Commonwealth. I f Class of Minister-Counselor, to be Ambas- wish Jim and his entire family good EXECUTIVE REPORTS OF sador Extraordinary and Plenipotentiary of health and good fortune as they em- the United States of America to the Republic COMMITTEES bark on this next phase of their lives. of the Marshall Islands. Nominee: Karen Brevard Stewart. f The following executive reports of nominations were submitted: Post: Marshall Islands. ADDITIONAL STATEMENTS The following is a list of all members of By Mr. MCCAIN for the Committee on my immediate family and their spouses. I Armed Services. *Eric K. Fanning, of the District of Colum- have asked each of these persons to inform REMEMBERING LIEUTENANT bia, to be Secretary of the Army. me of the pertinent contributions made by JAMES J. GERAGHTY By Mr. SHELBY for the Committee on them. To the best of my knowledge, the information contained in this report is com- ∑ Mrs. SHAHEEN. Mr. President, I join Banking, Housing, and Urban Affairs. *Adam J. Szubin, of the District of Colum- plete and accurate. with people across my State of New Contributions, amount, date, and donee: Hampshire in mourning the loss of bia, to be Under Secretary for Terrorism and Financial Crimes. 1. Self: None. State police Lieutenant James J. By Mr. CORKER for the Committee on 2. Spouse: No spouse. Geraghty, who passed away late last Foreign Relations. 3. Children and Spouses: No children. month after a valiant battle with can- *Robert Annan Riley III, of Florida, a Ca- 4. Parents: Selden L. Stewart II—Deceased; cer. He devoted his career to public reer Member of the Senior Foreign Service, Brevard N. Stewart—Deceased. 5. Grandparents: Selden L. Stewart—De- service, serving in the U.S. Army, later Class of Minister-Counselor, to be Ambas- sador Extraordinary and Plenipotentiary of ceased; Nancy Stewart—Deceased; Roy D. as a police officer in Hudson, NH, and Stubbs—Deceased; Georgia S. Stubbs—De- for the last 24 years as a State trooper. the United States of America to the Fed- erated States of Micronesia. ceased. ‘‘His priorities in life were well de- Nominee: Robert Annan Riley, III. 6. Brothers and Spouses: Selden L. Stewart fined,’’ said his friend and colleague, Post: Micronesia. III—Deceased; (Spouse) Kathryn H. Stew- State police Lieutenant John Marasco. (The following is a list of all members of art—None. ‘‘He was committed to his family, he my immediate family and their spouses. I David N. Stewart and (Spouse) Christine L. was committed to this organization, have asked each of these persons to inform Stewart: $75, 2011, Club for Growth, $80, 2011, and he was committed as the lieuten- me of the pertinent contributions made by Libertarian Party; $11, 2011, National Repub- ant overseeing the Major Crimes Unit them. To the best of my knowledge, the in- lican Senatorial Committee; $50, 2011, Jeff Flake for U.S. Senate; $40, 2012, Club for to delivering justice to victims, many formation contained in this report is complete and accurate.) Growth Action; $40, 2012, Libertarian Party; of whom were victims of homicide and Contributions, amount, date, and donee: $25, 2012, Republican National Committee; relied on his voice to bring that justice 1. Self: $10.00, 2015 Democratic National $75, 2013, Libertarian Party; $50, 2013, Club to them.’’ Committee; $25.00, 2015 Democratic Congres- for Growth; $30, 2013, National Republican Jim, as he was known to family and sional Campaign Committee; $30.00, 2014 Senatorial Committee; $50, 2013, Rubio Vic- friends, was born in Boston, MA, and Democratic Congressional Campaign Com- tory Committee; $25, 2013, Madison Project; grew up in Tewksbury. He attended St. mittee; $10.00, 2013 Alison Lundergan Grimes; $25, 2014, Libertarian National Committee; John’s Prep in Danvers, MA, and the $5.00, 2013 Michelle Nunn; $5.00, 2013 Natalie $25, 2014, Club for Growth; $70, 2014, Terri Lynn Land for Senate; $25, 2015, Libertarian University of Lowell before joining the Tennant; $396.75, 2012 Obama for America; $52.50, 2012 Democratic Senatorial Campaign Party; $25, 2015, Marco Rubio for President; U.S. Army in 1984. After assignments Committee; $12.00, 2012 Democratic Party $7, 2015, Marco Rubio for President; $25, 2015, at U.S. Army bases in the southern Wisconsin; $10.00, 2012 Democratic Congres- Ben Carson for President. United States and Germany, his love of sional Campaign Committee; $35.00, 2011 7. Sisters and Spouses: No sisters. New England motivated him to end his Obama for America; $22.00, 2011 DFA Wis- military service and return home for consin. *Catherine Ann Novelli, of Virginia, to be what would be a long career in law en- 2. Spouse: None. United States Alternate Governor of the Eu- forcement. He began his service with 3. Children and Spouses: Susan Kadidia ropean Bank for Reconstruction and Devel- the police department in Hudson, NH, Riley: None; Carol Ina Riley: None. opment. 4. Parents: Elfrieda Mueller Riley (moth- *Matthew John Matthews, of Oregon, a Ca- and went on to serve for two decades as er): None; Robert Annan Riley, Jr. (father): reer Member of the Senior Foreign Service, a State trooper, respected by his col- Deceased; John Kenny (stepfather): $125.00, Class of Minister-Counselor, for the rank of leagues as a model officer, mentor, and 2015 Republican National Committee; $50.00, Ambassador during his tenure of service as leader. He was promoted to detective 2015 Heritage Funds; $10.00, 2015 Reagan United States Senior Official for the Asia- sergeant in 2008 and took command of Ranch; $65.00, 2015 National Republican Sen- Pacific Economic Cooperation (APEC) the major crimes unit. He retired in atorial Committee; $121.00, 2014 Republican Forum. 2015. National Committee; $10.00, 2014 National *Amos J. Hochstein, of the District of Co- Jim was deeply devoted to his wife of Republican Survey; $80.00, 2014 Heritage lumbia, to be an Assistant Secretary of Funds; $40.00, 2014 Reagan Ranch; $55.00, 2014 State (Energy Resources). 30 years, Valerie, and their four adult Ben Carson; $100.00, 2014 National Republican *Marcela Escobari, of Massachusetts, to be children, Jimmy, Colleen, Katie, and Senatorial Committee; $10.00, 2013 Repub- an Assistant Administrator of the United Erin. Friends say that his mantra was lican National Committee; no contributions States Agency for International Develop- ‘‘family first.’’ He cherished annual years 2011–2012. ment.

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G10MR6.027 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 10, 2016 CONGRESSIONAL RECORD — SENATE S1439 Mr. CORKER. Mr. President, for the unrepatriated earnings of groups that in- By Ms. CANTWELL (for herself, Mr. Committee on Foreign Relations I re- clude an inverted corporation; to the Com- CRAPO, Mr. TESTER, Mrs. MURRAY, port favorably the following nomina- mittee on Finance. and Ms. HEITKAMP): tion lists which were printed in the By Mr. MORAN: S. Res. 397. A resolution supporting the S. 2663. A bill to nullify certain guidance of recognition of 2016 as the ‘‘Year of Pulses’’ RECORDs on the dates indicated, and the Bureau of Consumer Financial Protec- and acknowledging the nutritional benefit ask unanimous consent, to save the ex- tion and to provide requirements for guid- and important contribution to soil health of pense of reprinting on the Executive ance issued by the Bureau with respect to in- pulse crops; to the Committee on Agri- Calendar that these nominations lie at direct auto lending; to the Committee on culture, Nutrition, and Forestry. the Secretary’s desk for the informa- Banking, Housing, and Urban Affairs. f tion of Senators . By Mr. GARDNER: The PRESIDING OFFICER. Without S. 2664. A bill to designate the facility of ADDITIONAL COSPONSORS objection, it is so ordered. the United States Postal Service located at 4910 Brighton Boulevard in Denver, Colorado, S. 275 *Foreign Service nominations beginning as the ‘‘George Sakato Post Office’’; to the At the request of Mr. ISAKSON, the with Eric Del Valle and ending with Ryan Committee on Homeland Security and Gov- name of the Senator from Delaware Truxton, which nominations were received ernmental Affairs. by the Senate and appeared in the Congres- (Mr. COONS) was added as a cosponsor By Mr. PETERS (for himself and Mr. of S. 275, a bill to amend title XVIII of sional Record on May 7, 2015. PERDUE): *Foreign Service nominations beginning S. 2665. A bill to amend the Homeland Se- the Social Security Act to provide for with Cheryl L. Anderson and ending with curity Act of 2002 to require State and local the coverage of home as a site of care Melissa A. Williams, which nominations coordination on cybersecurity with the na- for infusion therapy under the Medi- were received by the Senate and appeared in tional cybersecurity and communications in- care program. the Congressional Record on November 19, tegration center, and for other purposes; to S. 553 2015. the Committee on Homeland Security and *Foreign Service nominations beginning At the request of Mr. CORKER, the Governmental Affairs. with Jennifer M. Adams and ending with By Mr. SCHUMER (for himself, Mr. name of the Senator from Rhode Island Sunil Sebastian Xavier, which nominations DURBIN, Mr. BROWN, Mr. CARDIN, Mr. (Mr. WHITEHOUSE) was added as a co- were received by the Senate and appeared in NELSON, Ms. STABENOW, Mr. MENEN- sponsor of S. 553, a bill to marshal re- the Congressional Record on November 19, DEZ, and Ms. WARREN): sources to undertake a concerted, 2015. S. 2666. A bill to amend the Internal Rev- *Foreign Service nominations beginning transformative effort that seeks to enue Code of 1986 to prevent earnings strip- with Daryl Arthur Brehm and ending with bring an end to modern slavery, and for ping of domestic corporations which are Melinda D. Sallyards, which nominations other purposes. members of a worldwide group of corpora- were received by the Senate and appeared in tions which includes an inverted corporation S. 624 the Congressional Record on January 19, and to require agreements with respect to At the request of Mr. BROWN, the 2016. certain related party transactions with those *Foreign Service nominations beginning name of the Senator from New Hamp- members; to the Committee on Finance. with Scott D. Hocklander and ending with shire (Ms. AYOTTE) was added as a co- By Mr. WICKER: Catherine Mary Trujillo, which nominations sponsor of S. 624, a bill to amend title S. 2667. A bill to designate the Gulf of Mex- were received by the Senate and appeared in XVIII of the Social Security Act to ico Alliance as a Regional Coordination the Congressional Record on January 19, waive coinsurance under Medicare for Partnership of the National Oceanic and At- 2016. colorectal cancer screening tests, re- *Foreign Service nomination of Holly S. mospheric Administration and for other purposes; to the Committee on Commerce, gardless of whether therapeutic inter- Higgins. vention is required during the screen- *Foreign Service nomination of John Science, and Transportation. McCaslin. By Ms. COLLINS (for herself, Mr. ing. *Foreign Service nominations beginning REED, Mr. KIRK, Mr. DURBIN, and Mr. S. 683 SCHATZ): with Laurie Farris and ending with James At the request of Mr. BOOKER, the S. 2668. A bill to provide housing opportu- Rigassio, which nominations were received name of the Senator from South Caro- by the Senate and appeared in the Congres- nities for individuals living with HIV or lina (Mr. GRAHAM) was added as a co- sional Record on February 22, 2016. AIDS; to the Committee on Banking, Hous- ing, and Urban Affairs. sponsor of S. 683, a bill to extend the *Nomination was reported with rec- By Mr. CORNYN (for himself and Mr. principle of federalism to State drug ommendation that it be confirmed sub- CARPER): policy, provide access to medical mari- ject to the nominee’s commitment to S. 2669. A bill to amend titles XIX and XXI juana, and enable research into the me- respond to requests to appear and tes- of the Social Security Act to require States dicinal properties of marijuana. tify before any duly constituted com- to provide to the Secretary of Health and S. 979 mittee of the Senate. Human Services certain information with respect to provider terminations, and for other At the request of Mr. NELSON, the f purposes; to the Committee on Finance. name of the Senator from California INTRODUCTION OF BILLS AND By Mr. VITTER: (Mrs. BOXER) was added as a cosponsor JOINT RESOLUTIONS S. 2670. A bill to provide for the operation of S. 979, a bill to amend title 10, of micro unmanned aircraft systems; to the The following bills and joint resolu- United States Code, to repeal the re- Committee on Commerce, Science, and quirement for reduction of survivor an- tions were introduced, read the first Transportation. and second times by unanimous con- nuities under the Survivor Benefit f sent, and referred as indicated: Plan by veterans’ dependency and in- demnity compensation, and for other By Mr. ROUNDS: SUBMISSION OF CONCURRENT AND S. 2660. A bill to amend title 38, United SENATE RESOLUTIONS purposes. States Code, to require the Secretary of Vet- The following concurrent resolutions S. 1110 erans Affairs to provide for an evaluation and Senate resolutions were read, and At the request of Mr. ENZI, the names and report on the costs of health care fur- of the Senator from North Carolina nished by the Department of Veterans Af- referred (or acted upon), as indicated: (Mr. BURR), the Senator from Nevada fairs, and for other purposes; to the Com- By Mr. DAINES (for himself, Mr. (Mr. HELLER), the Senator from Wis- mittee on Veterans’ Affairs. MORAN, Mr. GARDNER, Mr. COTTON, By Mr. BROWN (for himself, Mr. Mr. ROBERTS, Mr. INHOFE, Mr. RUBIO, consin (Mr. JOHNSON), the Senator from TILLIS, and Mr. COONS): Mr. KIRK, Mr. BOOZMAN, Mr. CRUZ, New Mexico (Mr. HEINRICH), the Sen- S. 2661. A bill to clarify the period of eligi- Mrs. ERNST, Mr. ISAKSON, Mr. SCOTT, ator from Indiana (Mr. DONNELLY), the bility during which certain spouses are enti- Mr. VITTER, Mr. HATCH, and Mr. Senator from California (Mrs. FEIN- tled to assistance under the Marine Gunnery PERDUE): STEIN), the Senator from New Mexico Sergeant John David Fry Scholarship, and S. Res. 396. A resolution expressing the (Mr. UDALL), the Senator from Wis- for other purposes; to the Committee on Vet- sense of the Senate that individuals captured consin (Ms. BALDWIN), the Senator erans’ Affairs. by the United States for supporting the Is- from Oregon (Mr. WYDEN), the Senator By Mr. BROWN (for himself, Mr. DUR- lamic State of Iraq and the Levant should be BIN, and Mr. SCHUMER): detained at United States Naval Station, from California (Mrs. BOXER) and the S. 2662. A bill to amend the Internal Rev- Guantanamo Bay, Cuba; to the Committee Senator from Minnesota (Mr. FRANKEN) enue Code to include in income the on Foreign Relations. were added as cosponsors of S. 1110, a

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.006 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE S1440 CONGRESSIONAL RECORD — SENATE March 10, 2016 bill to direct the Secretary of Agri- S. 2066 (Mr. MURPHY), the Senator from Min- culture to publish in the Federal Reg- At the request of Mr. SASSE, the nesota (Ms. KLOBUCHAR) and the Sen- ister a strategy to significantly in- name of the Senator from Louisiana ator from Washington (Mrs. MURRAY) crease the role of volunteers and part- (Mr. VITTER) was added as a cosponsor were added as cosponsors of S. 2512, a ners in National Forest System trail of S. 2066, a bill to amend title 18, bill to expand the tropical disease maintenance, and for other purposes. United States Code, to prohibit a product priority review voucher pro- S. 1252 health care practitioner from failing to gram to encourage treatments for Zika exercise the proper degree of care in At the request of Mr. CASEY, the virus. the case of a child who survives an names of the Senator from Tennessee S. 2559 abortion or attempted abortion. (Mr. CORKER) and the Senator from At the request of Mr. BURR, the name S. 2185 Maryland (Mr. CARDIN) were added as of the Senator from Texas (Mr. COR- At the request of Ms. HEITKAMP, the cosponsors of S. 1252, a bill to authorize NYN) was added as a cosponsor of S. a comprehensive strategic approach for names of the Senator from Wyoming 2559, a bill to prohibit the modification, United States foreign assistance to de- (Mr. BARRASSO), the Senator from Ar- termination, abandonment, or transfer veloping countries to reduce global kansas (Mr. BOOZMAN), the Senator of the lease by which the United States from North Carolina (Mr. BURR), the poverty and hunger, achieve food and acquired the land and waters con- Senator from Mississippi (Mr. COCH- nutrition security, promote inclusive, taining Naval Station, Guantanamo RAN), the Senator from Texas (Mr. COR- sustainable, agricultural-led economic Bay, Cuba. NYN), the Senator from Idaho (Mr. growth, improve nutritional outcomes, S. 2563 CRAPO), the Senator from South Caro- especially for women and children, lina (Mr. GRAHAM), the Senator from At the request of Mr. MORAN, the build resilience among vulnerable pop- Nevada (Mr. HELLER), the Senator from name of the Senator from Georgia (Mr. ulations, and for other purposes. Georgia (Mr. ISAKSON), the Senator PERDUE) was added as a cosponsor of S. S. 1390 from Kansas (Mr. MORAN), the Senator 2563, a bill to affirm the importance of At the request of Mr. GARDNER, the from South Dakota (Mr. THUNE), the the land forces of the United States name of the Senator from New Mexico Senator from North Carolina (Mr. Armed Forces and to authorize fiscal (Mr. UDALL) was added as a cosponsor TILLIS) and the Senator from Mis- year 2016 end-strength minimum levels of S. 1390, a bill to help provide relief to sissippi (Mr. WICKER) were added as co- for the active and reserve components State education budgets during a re- sponsors of S. 2185, a bill to require the of such land forces, and for other pur- covering economy, to help fulfill the Secretary of the Treasury to mint poses. Federal mandate to provide higher edu- coins in recognition of the fight S. 2572 cational opportunities for Native against breast cancer. At the request of Mr. TESTER, the American Indians, and for other pur- S. 2348 name of the Senator from Delaware poses. At the request of Mr. HATCH, the (Mr. COONS) was added as a cosponsor S. 1446 names of the Senator from South Da- of S. 2572, a bill to make demonstration At the request of Ms. HEITKAMP, the kota (Mr. ROUNDS) and the Senator grants to eligible local educational name of the Senator from Alaska (Mr. from Georgia (Mr. PERDUE) were added agencies or consortia of eligible local SULLIVAN) was added as a cosponsor of as cosponsors of S. 2348, a bill to imple- educational agencies for the purpose of S. 1446, a bill to establish the Stop, Ob- ment the use of Rapid DNA instru- increasing the numbers of school serve, Ask, and Respond to Health and ments to inform decisions about pre- nurses in public elementary schools Wellness Training pilot program to ad- trial release or detention and their and secondary schools. dress human trafficking in the health conditions, to solve and prevent violent S. 2595 care system. crimes and other crimes, to exonerate At the request of Mr. CRAPO, the the innocent, to prevent DNA analysis S. 1512 names of the Senator from Idaho (Mr. backlogs, and for other purposes. At the request of Mr. CASEY, the RISCH) and the Senator from Mis- name of the Senator from Colorado S. 2476 sissippi (Mr. WICKER) were added as co- At the request of Mr. PORTMAN, the (Mr. BENNET) was added as a cosponsor sponsors of S. 2595, a bill to amend the name of the Senator from Tennessee of S. 1512, a bill to eliminate discrimi- Internal Revenue Code of 1986 to per- (Mr. ALEXANDER) was added as a co- nation and promote women’s health manently extend the railroad track sponsor of S. 2476, a bill to exclude and economic security by ensuring rea- maintenance credit. power supply circuits, drivers, and de- sonable workplace accommodations for S. 2621 vices designed to be connected to, and workers whose ability to perform the power, light-emitting diodes or organic At the request of Mr. MERKLEY, the functions of a job are limited by preg- light-emitting diodes providing illu- name of the Senator from New Mexico nancy, childbirth, or a related medical mination or ceiling fans using direct (Mr. HEINRICH) was added as a cospon- condition. current motors from energy conserva- sor of S. 2621, a bill to amend the Fed- S. 1566 tion standards for external power sup- eral Food, Drug, and Cosmetic Act At the request of Mr. FRANKEN, the plies. with respect to genetically engineered food transparency and uniformity. name of the Senator from Ohio (Mr. S. 2495 BROWN) was added as a cosponsor of S. At the request of Mr. CRAPO, the S. 2646 1566, a bill to amend the Public Health name of the Senator from Kentucky At the request of Mr. BURR, the name Service Act to require group and indi- (Mr. PAUL) was added as a cosponsor of of the Senator from Louisiana (Mr. vidual health insurance coverage and S. 2495, a bill to amend the Social Secu- VITTER) was added as a cosponsor of S. group health plans to provide for cov- rity Act relating to the use of deter- 2646, a bill to amend title 38, United erage of oral anticancer drugs on terms minations made by the Commissioner. States Code, to establish the Veterans no less favorable than the coverage S. 2496 Choice Program of the Department of provided for anticancer medications At the request of Mr. COONS, the Veterans Affairs to improve health administered by a health care provider. name of the Senator from Michigan care provided to veterans by the De- S. 1890 (Mr. PETERS) was added as a cosponsor partment, and for other purposes. At the request of Mr. HATCH, the of S. 2496, a bill to provide flexibility S. 2650 names of the Senator from Pennsyl- for the Administrator of the Small At the request of Mr. THUNE, the vania (Mr. CASEY) and the Senator Business Administration to increase name of the Senator from Alaska (Mr. from Michigan (Mr. PETERS) were the total amount of general business SULLIVAN) was added as a cosponsor of added as cosponsors of S. 1890, a bill to loans that may be guaranteed under S. 2650, a bill to amend the Internal amend chapter 90 of title 18, United section 7(a) of the Small Business Act. Revenue Code of 1986 to exclude from States Code, to provide Federal juris- S. 2512 gross income any prizes or awards won diction for the theft of trade secrets, At the request of Mr. FRANKEN, the in competition in the Olympic Games and for other purposes. names of the Senator from Connecticut or the Paralympic Games.

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.008 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 10, 2016 CONGRESSIONAL RECORD — SENATE S1441 S.J. RES. 31 STATEMENTS ON INTRODUCED I thank Senator COLLINS for her part- At the request of Mr. PAUL, the name BILLS AND JOINT RESOLUTIONS nership, and I urge my colleagues to of the Senator from Illinois (Mr. KIRK) By Ms. COLLINS (for herself, Mr. support this bipartisan bill, which will was added as a cosponsor of S.J. Res. REED, Mr. KIRK, Mr. DURBIN, enable communities to provide care to 31, a joint resolution relating to the and Mr. SCHATZ): those living with HIV/AIDS by ensur- disapproval of the proposed foreign S. 2668. A bill to provide housing op- ing that their current housing chal- military sale to the Government of portunities for individuals living with lenges can be addressed. Pakistan of F–16 Block 52 aircraft. HIV or AIDS; to the Committee on By Mr. CORNYN (for himself and S. RES. 368 Banking, Housing, and Urban Affairs. Mr. CARPER): At the request of Mr. CARDIN, the Mr. REED. Mr. President, today I am S. 2669. A bill to amend titles XIX names of the Senator from Vermont pleased to be joining my colleague, and XXI of the Social Security Act to (Mr. LEAHY), the Senator from Massa- Senator COLLINS, in introducing a bill require States to provide to the Sec- chusetts (Mr. MARKEY) and the Senator to update the funding formula for the retary of Health and Human Services from Delaware (Mr. COONS) were added Housing Opportunities for Persons with certain information with respect to as cosponsors of S. Res. 368, a resolu- AIDS, or HOPWA, program. provider terminations, and for other tion supporting efforts by the Govern- HOPWA is a program within the De- purposes; to the Committee on Fi- ment of Colombia to pursue peace and partment of Housing and Urban Devel- nance. the end of the country’s enduring in- opment, HUD, that provides state and local governments with resources to Mr. CORNYN. Mr. President, I ask ternal armed conflict and recognizing unanimous consent that the text of the United States support for Colombia at ensure that stable housing and sup- bill be printed in the RECORD. the 15th anniversary of Plan Colombia. portive services are available for low- income individuals living with HIV/ There being no objection, the text of S. RES. 370 AIDS and their families. the bill was ordered to be printed in At the request of Mr. CARDIN, the Stable and affordable housing is a the RECORD, as follows: name of the Senator from Delaware critical component of treatment for S. 2669 (Mr. COONS) was added as a cosponsor HIV-positive individuals. More than Be it enacted by the Senate and House of Rep- of S. Res. 370, a resolution recognizing half of this population will face home- resentatives of the United States of America in that for nearly 40 years, the United lessness or an unstable housing situa- Congress assembled, States and the Association of South tion at some point during the course of SECTION 1. SHORT TITLE. East Asian Nations (ASEAN) have their illness. Medication for treatment This Act may be cited as the ‘‘Ensuring worked toward stability, prosperity, Removal of Terminated Providers from Med- is extremely expensive, and the assist- icaid and CHIP Act’’. and peace in Southeast Asia. ance offered by HOPWA results in bet- SEC. 2. INCREASING OVERSIGHT OF TERMI- S. RES. 378 ter management of this illness, reduces NATION OF MEDICAID PROVIDERS. At the request of Mr. JOHNSON, the the risk of HIV transmission, and en- (a) INCREASED OVERSIGHT AND REPORTING.— name of the Senator from Delaware sures that better public health out- (1) STATE REPORTING REQUIREMENTS.—Sec- (Mr. COONS) was added as a cosponsor comes can be achieved. tion 1902(kk) of the Social Security Act (42 of S. Res. 378, a resolution expressing Our bipartisan legislation seeks to U.S.C. 1396a(kk)) is amended— the sense of the Senate regarding the strengthen HOPWA by improving the (A) by redesignating paragraph (8) as para- courageous work and life of Russian accuracy of the formula used to dis- graph (9); and opposition leader Boris Yefimovich (B) by inserting after paragraph (7) the fol- tribute funding to housing programs lowing new paragraph: Nemtsov and renewing the call for a that benefit people living with HIV/ ‘‘(8) PROVIDER TERMINATIONS.— full and transparent investigation into AIDS. This improved funding formula ‘‘(A) IN GENERAL.—Beginning on July 1, the tragic murder of Boris Yefimovich would take into account the number of 2018, in the case of a notification under sub- Nemtsov in Moscow on February 27, persons currently living in a commu- section (a)(41) with respect to a termination 2015. nity with HIV/AIDS. for a reason specified in section 455.101 of title 42, Code of Federal Regulations (as in S. RES. 383 HOPWA’s current funding formula effect on November 1, 2015), or for any other At the request of Mr. PERDUE, the instead considers the cumulative number of individuals diagnosed with HIV reason specified by the Secretary, of the par- names of the Senator from California ticipation of a provider of services or any (Mrs. BOXER) and the Senator from Illi- in a community since 1981, and in- other person under the State plan, the State, nois (Mr. KIRK) were added as cospon- cludes those individuals who have since not later than 21 business days after the ef- sors of S. Res. 383, a resolution recog- passed away. In fact, according to fective date of such termination, submits to nizing the importance of the United HUD, 55 percent of the cases used to de- the Secretary with respect to any such pro- States-Israel economic relationship termine funding allocations under the vider or person, as appropriate— current formula are deceased individ- ‘‘(i) the name of such provider or person; and encouraging new areas of coopera- ‘‘(ii) the provider type of such provider or tion. uals. As a result, this diverts already limited funding from communities that person; At the request of Mr. COONS, the ‘‘(iii) the specialty of such provider’s or name of the Senator from Oregon (Mr. are dealing with the effects of this epi- person’s practice; WYDEN) was added as a cosponsor of S. demic most acutely today ‘‘(iv) the date of birth, Social Security Res. 383, supra. Our bill proposes a more accurate number, national provider identifier, Federal formula that will protect low-income taxpayer identification number, and the S. RES. 388 individuals living with HIV/AIDS and State license or certification number of such At the request of Mrs. SHAHEEN, the their families and will better target provider or person; name of the Senator from Delaware federal resources to the states and lo- ‘‘(v) the reason for the termination; (Mr. COONS) was added as a cosponsor calities with the greatest need today. ‘‘(vi) a copy of the notice of termination of S. Res. 388, a resolution supporting In short, we hope to make the program sent to the provider or person; ‘‘(vii) the date on which such termination the goals of International Women’s more effective and responsive in ad- Day. is effective, as specified in the notice; and dressing the current needs of commu- ‘‘(viii) any other information required by S. RES. 391 nities. the Secretary. At the request of Mr. ROBERTS, the Furthermore, to ease the move to a ‘‘(B) EFFECTIVE DATE DEFINED.—For pur- name of the Senator from Oklahoma fairer allocation of resources, the bill poses of this paragraph, the term ‘effective (Mr. INHOFE) was added as a cosponsor transitions current grantees to the new date’ means, with respect to a termination of S. Res. 391, a resolution expressing formula over a 5-year period. Grantees described in subparagraph (A), the later of— the sense of the Senate to oppose the will not lose more than 5 percent of ‘‘(i) the date on which such termination is transfer of foreign enemy combatants their share of HOPWA formula funds in effective, as specified in the notice of such termination; or from the detention facilities at United each successive year until fiscal year ‘‘(ii) the date on which all appeal rights ap- States Naval Station, Guantanamo 2021 and cannot gain more than 10 per- plicable to such termination have been ex- Bay, Cuba, to the United States home- cent of their share in each successive hausted or the timeline for any such appeal land. fiscal year. has expired.’’.

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(2) CONTRACT REQUIREMENT FOR MANAGED XIX of such Act or the Children’s Health In- requirement for managed care entities), CARE ENTITIES.—Section 1932(d) of the Social surance Program under title XXI of such (d)(6) (relating to enrollment of providers Security Act (42 U.S.C. 1396u–2(d)) is amend- Act. participating with a managed care entity), ed by adding at the end the following new (6) CONFORMING AMENDMENT.—Section and (h) (relating to special rules with respect paragraph: 1902(a)(41) of the Social Security Act (42 to Indian enrollees, Indian health care pro- ‘‘(5) CONTRACT REQUIREMENT FOR MANAGED U.S.C. 1396a(a)(41)) is amended by striking viders, and Indian managed care entities)’’. CARE ENTITIES.—With respect to any contract ‘‘provide that whenever’’ and inserting ‘‘pro- (2) EXCLUDING FROM MEDICAID PROVIDERS with a managed care entity under section vide, in accordance with subsection (kk)(8) EXCLUDED FROM CHIP.—Section 1902(a)(39) of 1903(m) or 1905(t)(3) (as applicable), no later (as applicable), that whenever’’. the Social Security Act (42 U.S.C. than July 1, 2018, such contract shall include (b) INCREASING AVAILABILITY OF MEDICAID 1396a(a)(39)) is amended by striking ‘‘title a provision that providers of services or per- PROVIDER INFORMATION.— XVIII or any other State plan under this sons terminated (as described in section (1) FFS PROVIDER ENROLLMENT.—Section title’’ and inserting ‘‘title XVIII, any other 1902(kk)(8)) from participation under this 1902(a) of the Social Security Act (42 U.S.C. State plan under this title, or any State title, title XVIII, or title XXI be terminated 1396a(a)) is amended by inserting after para- child health plan under title XXI’’. from participating under this title as a pro- graph (77) the following new paragraph: (d) RULE OF CONSTRUCTION.—Nothing in vider in any network of such entity that ‘‘(78) provide that, not later than January this section shall be construed as changing serves individuals eligible to receive medical 1, 2017, in the case of a State plan that pro- or limiting the appeal rights of providers or assistance under this title.’’. vides medical assistance on a fee-for-service the process for appeals of States under the (3) TERMINATION NOTIFICATION DATABASE.— basis, the State shall require each provider Social Security Act. Section 1902 of the Social Security Act (42 furnishing items and services to individuals (e) OIG REPORT.—Not later than March 31, U.S.C. 1396a) is amended by adding at the end eligible to receive medical assistance under 2020, the Inspector General of the Depart- the following new subsection: such plan to enroll with the State agency ment of Health and Human Services shall ‘‘(ll) TERMINATION NOTIFICATION DATA- and provide to the State agency the pro- submit to Congress a report on the imple- BASE.—In the case of a provider of services or vider’s identifying information, including mentation of the amendments made by this any other person whose participation under the name, specialty, date of birth, Social Se- section. Such report shall include the fol- this title, title XVIII, or title XXI is termi- curity number, national provider identifier, lowing: nated (as described in subsection (kk)(8)), Federal taxpayer identification number, and (1) An assessment of the extent to which the Secretary shall, not later than 21 busi- the State license or certification number of providers who are included under subsection the provider;’’. ness days after the date on which the Sec- (ll) of section 1902 of the Social Security Act (2) MANAGED CARE PROVIDER ENROLLMENT.— retary terminates such participation under (42 U.S.C. 1396a) (as added by subsection Section 1932(d) of the Social Security Act (42 title XVIII or is notified of such termination (a)(3)) in the database or similar system re- U.S.C. 1396u–2(d)), as amended by subsection under subsection (a)(41) (as applicable), referred to in such subsection are terminated (a)(2), is amended by adding at the end the view such termination and, if the Secretary (as described in subsection (kk)(8) of such following new paragraph: determines appropriate, include such termi- section, as added by subsection (a)(1)) from ‘‘(6) ENROLLMENT OF PARTICIPATING PRO- nation in any database or similar system de- participation in all State plans under title veloped pursuant to section 6401(b)(2) of the VIDERS.— XIX of such Act. Patient Protection and Affordable Care Act ‘‘(A) IN GENERAL.—Beginning not later (2) Information on the amount of Federal (42 U.S.C. 1395cc note).’’. than January 1, 2018, a State shall require financial participation paid to States under (4) NO FEDERAL FUNDS FOR ITEMS AND SERV- that, in order to participate as a provider in section 1903 of such Act in violation of the ICES FURNISHED BY TERMINATED PROVIDERS.— the network of a managed care entity that limitation on such payment specified in sub- Section 1903 of the Social Security Act (42 provides services to, or orders, prescribes, re- sections (i)(2)(D) and subsection (m)(3) of U.S.C. 1396b) is amended— fers, or certifies eligibility for services for, such section, as added by subsection (a)(4). (A) in subsection (i)(2)— individuals who are eligible for medical as- (3) An assessment of the extent to which (i) in subparagraph (A), by striking the sistance under the State plan under this title contracts with managed care entities under comma at the end and inserting a semicolon; and who are enrolled with the entity, the title XIX of such Act comply with the re- (ii) in subparagraph (B), by striking ‘‘or’’ provider is enrolled with the State agency quirement specified in section 1932(d)(5) of at the end; and administering the State plan under this such Act, as added by subsection (a)(2). (iii) by adding at the end the following new title. Such enrollment shall include pro- (4) An assessment of the extent to which subparagraph: viding to the State agency the provider’s providers have been enrolled under section ‘‘(D) beginning not later than July 1, 2018, identifying information, including the name, 1902(a)(78) or 1932(d)(6)(A) of such Act (42 under the plan by any provider of services or specialty, date of birth, Social Security U.S.C. 1396a(a)(78), 1396u–2(d)(6)(A)) with person whose participation in the State plan number, national provider identifier, Federal State agencies administering State plans is terminated (as described in section taxpayer identification number, and the under title XIX of such Act. 1902(kk)(8)) after the date that is 60 days State license or certification number of the after the date on which such termination is provider. f included in the database or other system ‘‘(B) RULE OF CONSTRUCTION.—Nothing in under section 1902(ll); or’’; and subparagraph (A) shall be construed as re- SUBMITTED RESOLUTIONS (B) in subsection (m), by inserting after quiring a provider described in such subpara- paragraph (2) the following new paragraph: graph to provide services to individuals who ‘‘(3) No payment shall be made under this are not enrolled with a managed care entity title to a State with respect to expenditures under this title.’’. SENATE RESOLUTION 396—EX- incurred by the State for payment for serv- (c) COORDINATION WITH CHIP.— PRESSING THE SENSE OF THE ices provided by a managed care entity (as (1) IN GENERAL.—Section 2107(e)(1) of the SENATE THAT INDIVIDUALS defined under section 1932(a)(1)) under the Social Security Act (42 U.S.C. 1397gg(e)(1)) is CAPTURED BY THE UNITED State plan under this title (or under a waiver amended— STATES FOR SUPPORTING THE of the plan) unless the State— (A) by redesignating subparagraphs (B), ISLAMIC STATE OF IRAQ AND ‘‘(A) beginning on July 1, 2018, has a con- (C), (D), (E), (F), (G), (H), (I), (J), (K), (L), tract with such entity that complies with (M), (N), and (O) as subparagraphs (D), (E), THE LEVANT SHOULD BE DE- the requirement specified in section (F), (G), (H), (I), (J), (K), (M), (N), (O), (P), TAINED AT UNITED STATES 1932(d)(5); and (Q), and (R), respectively; NAVAL STATION, GUANTANAMO ‘‘(B) beginning on January 1, 2018, complies (B) by inserting after subparagraph (A) the BAY, CUBA with the requirement specified in section following new subparagraphs: Mr. DAINES (for himself, Mr. MORAN, 1932(d)(6)(A).’’. ‘‘(B) Section 1902(a)(39) (relating to termi- ARDNER OTTON OB (5) DEVELOPMENT OF UNIFORM TERMINOLOGY nation of participation of certain providers). Mr. G , Mr. C , Mr. R - FOR REASONS FOR PROVIDER TERMINATION.— ‘‘(C) Section 1902(a)(78) (relating to enroll- ERTS, Mr. INHOFE, Mr. RUBIO, Mr. KIRK, Not later than July 1, 2017, the Secretary of ment of providers participating in State Mr. BOOZMAN, Mr. CRUZ, Mrs. ERNST, Health and Human Services shall, in con- plans providing medical assistance on a fee- Mr. ISAKSON, Mr. SCOTT, Mr. VITTER, sultation with the heads of State agencies for-service basis).’’; Mr. HATCH, and Mr. PERDUE) submitted administering State Medicaid plans (or waiv- (C) by inserting after subparagraph (K) (as the following resolution; which was re- ers of such plans), issue regulations estab- redesignated by subparagraph (A)) the fol- ferred to the Committee on Foreign lishing uniform terminology to be used with lowing new subparagraph: Relations: respect to specifying reasons under subpara- ‘‘(L) Section 1903(m)(3) (relating to limita- graph (A)(v) of paragraph (8) of section tion on payment with respect to managed S. RES. 396 1902(kk) of the Social Security Act (42 U.S.C. care).’’; and Resolved, That it is the sense of the Senate 1396a(kk)), as amended by paragraph (1), for (D) in subparagraph (P) (as redesignated by that— the termination (as described in such para- subparagraph (A)), by striking ‘‘(a)(2)(C) and (1) the Islamic State of Iraq and the Le- graph) of the participation of certain pro- (h)’’ and inserting ‘‘(a)(2)(C) (relating to In- vant (ISIL) has declared war on the United viders in the Medicaid program under title dian enrollment), (d)(5) (relating to contract States;

VerDate Sep 11 2014 02:59 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A10MR6.013 S10MRPT1 smartinez on DSK4VPTVN1PROD with SENATE March 10, 2016 CONGRESSIONAL RECORD — SENATE S1443 (2) the United States Armed Forces are tivities organized pursuant to the observance of Unmanned Aircraft for Small Busi- currently engaged in combat operations by the United Nations of the International ness.’’ against ISIL; Year of Pulses in 2016; and The PRESIDING OFFICER. Without (3) in conducting combat operations (3) the future funding of programs to sup- objection, it is so ordered. against ISIL, the United States has captured port the cultivation and consumption of and detained individuals associated with pulses. PERMANENT SUBCOMMITTEE ON INVESTIGATIONS ISIL and will likely capture and hold addi- f Mr. COTTON. Mr. President, I ask tional ISIL detainees; unanimous consent that the Perma- (4) following the horrific terrorist attacks AUTHORITY FOR COMMITTEES TO nent Subcommittee on Investigations on September 11, 2001, the United States de- MEET of the Committee on Homeland Secu- termined that it would detain at United States Naval Station, Guantanamo Bay, COMMITTEE ON ARMED SERVICES rity and Governmental Affairs be au- Cuba, individuals who had engaged in, aided, Mr. COTTON. Mr. President, I ask thorized to meet during the session of or abetted, or conspired to commit, acts of unanimous consent that the Com- the Senate on March 10, 2016, at 9:30 international terrorism, or acts in prepara- mittee on Armed Services be author- a.m., to conduct a hearing entitled tion therefor, that have caused, threaten to ized to meet during the session of the ‘‘Review of the Affordable Care Act cause, or have as their aim to cause, injury Senate on March 10, 2016, at 10 a.m. Health Insurance CO-OP Program.’’ to or adverse effects on the United States, The PRESIDING OFFICER. Without its citizens, national security, foreign policy, The PRESIDING OFFICER. Without or economy; objection, it is so ordered. objection, it is so ordered. (5) members of ISIL captured by the United COMMITTEE ON BANKING, HOUSING, AND URBAN f States during combat operations against AFFAIRS EXECUTIVE SESSION ISIL meet such criteria for continued deten- Mr. COTTON. Mr. President, I ask tion at United States Naval Station, Guanta- namo Bay; and unanimous consent that the Com- (6) all individuals captured by the United mittee on Banking, Housing, and EXECUTIVE CALENDAR States during combat operations against Urban Affairs be authorized to meet ISIL that meet such criteria by their affili- during the session of the Senate on Mr. SASSE. Mr. President, I ask ation with ISIL must be detained outside the March 10, 2016, at 11:30 a.m. unanimous consent that the Senate United States and its territories and should The PRESIDING OFFICER. Without proceed to executive session for the en transferred to United States Naval Station, objection, it is so ordered. bloc consideration of Calendar Nos. 474 Guantanamo Bay. and 475; that the nominations be con- COMMITTEE ON FOREIGN RELATIONS f firmed en bloc and the motions to be Mr. COTTON. Mr. President, I ask reconsider be considered made and laid SENATE RESOLUTION 397—SUP- unanimous consent that the Com- upon the table with no intervening ac- PORTING THE RECOGNITION OF mittee on Foreign Relations be author- tion or debate; that no further motions 2016 AS THE ‘‘YEAR OF PULSES’’ ized to meet during the session of the be in order; that any statements re- AND ACKNOWLEDGING THE NU- Senate on March 10, 2016, at 10 a.m. lated to the nominations be printed in TRITIONAL BENEFIT AND IMPOR- The PRESIDING OFFICER. Without the RECORD; that the President be im- TANT CONTRIBUTION TO SOIL objection, it is so ordered. HEALTH OF PULSE CROPS mediately notified of the Senate’s ac- COMMITTEE ON FOREIGN RELATIONS tion and the Senate then resume legis- Ms. CANTWELL (for herself, Mr. Mr. COTTON. Mr. President, I ask lative session. CRAPO, Mr. TESTER, Mrs. MURRAY, and unanimous consent that the Com- The PRESIDING OFFICER. Without Ms. HEITKAMP) submitted the following mittee on Foreign Relations be author- objection, it is so ordered. resolution; which was referred to the ized to meet during the session of the Committee on Agriculture, Nutrition, The nominations considered and con- Senate on March 10, 2016, at 10:15 a.m., firmed en bloc are as follows: and Forestry: to conduct a hearing entitled ‘‘Nomina- IN THE COAST GUARD S. RES. 397 tions.’’ Whereas the United States will celebrate The PRESIDING OFFICER. Without The following named officer for appointment in the United States Coast Guard Re- 2016 as the ‘‘Year of Pulses’’; objection, it is so ordered. Whereas the 68th United Nations General serve in the grade indicated under title 10, Assembly declared 2016 as the International COMMITTEE ON THE JUDICIARY U.S.C., section 12203(a): Year of Pulses; Mr. COTTON. Mr. President, I ask To be rear admiral Whereas a pulse is a dry, edible seed of a unanimous consent that the Com- Francis S. Pelkowski plant in the legume family, including a dry mittee on the Judiciary be authorized The following named officer for appoint- bean, dry pea, lentil, or chickpea; to meet during the session of the Sen- ment to a position of importance and respon- Whereas pulse crops are grown in abun- ate on March 10, 2016, at 10 a.m., in sibility as Deputy Commandant for Oper- dance in Arizona, California, Colorado, room SD–226 of the Dirksen Senate Of- ations in the United States Coast Guard and Idaho, Kansas, Michigan, Minnesota, Mon- to the grade indicated under title 14, U.S.C., tana, Nebraska, New York, North Dakota, fice Building. section 50: Oregon, South Dakota, Texas, Washington, The PRESIDING OFFICER. Without Wisconsin, and Wyoming; objection, it is so ordered. To be vice admiral Whereas a pulse is an important compo- SELECT COMMITTEE ON INTELLIGENCE Rear Adm. Fred M. Midgette nent of a nutritious diet and is high in plant- Mr. COTTON. Mr. President, I ask f based protein, vitamins, fiber, and minerals, unanimous consent that the Select including iron, potassium, magnesium, and LEGISLATIVE SESSION zinc; Committee on Intelligence be author- Whereas a pulse helps prevent serious and ized to meet during the session of the The PRESIDING OFFICER. The Sen- chronic illness, including heart disease, can- Senate on March 10, 2016, at 2 p.m., in ate will now resume legislative ses- cer, diabetes, and stroke; room SH–219 of the Hart Senate Office sions. Whereas a legume serves as an important Building. f rotation crop, keeps soil fertile, and im- The PRESIDING OFFICER. Without proves overall soil health by replenishing ni- objection, it is so ordered. ORDERS FOR MONDAY, MARCH 14, trogen; 2016 Whereas a pulse crop provides food secu- COMMITTEE ON SMALL BUSINESS AND rity and nutrition to much of the developing ENTREPRENEURSHIP Mr. SASSE. Mr. President, I ask world as a low-cost source of protein; and Mr. COTTON. Mr. President, I ask unanimous consent that when the Sen- Whereas a pulse crop is an important eco- unanimous consent that the Com- ate completes its business today, it ad- nomic development crop for small farmers, mittee on Small Business and Entre- journ until 3 p.m., Monday, March 14; for both domestic production and export po- preneurship be authorized to meet dur- that following the prayer and pledge tential: Now, therefore, be it ing the session of the Senate on March the morning hour be deemed expired, Resolved, That the Senate supports— (1) the recognition of 2016 as the ‘‘Year of 10, 2016, at 10 a.m., in room SR–428A of the Journal of proceedings be approved Pulses’’; the Russell Office Building to conduct to date, and the time for the two lead- (2) the participation by representatives of a hearing entitled ‘‘Up in the Air: Ex- ers be reserved for their use later in the Federal Government in events and ac- amining the Commercial Applications the day; further, that following leader

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CONGRATULATING JUDGE CYN- respond to, recover from and mitigate all haz- tion was undeniably tough, I never doubted THIA RUFE ON WINNING THE 2016 ards. the ability of our team. So when Representa- BUCKS CO. WOMEN’S HISTORY Under the Clinton Administration FEMA be- tive Alex Mooney of West Virginia challenged MONTH AWARD came the premier emergency response orga- me to a wager over the game—I gladly ac- nization in the world. cepted. As all of Missouri cheered, the HON. MICHAEL G. FITZPATRICK Mr. Speaker, we all remember the disas- Bearcat football team, under the leadership OF PENNSYLVANIA trous response to Hurricane Katrina in New and direction of Head Coach Adam Dorrel, de- Orleans, Louisiana and the management mis- feated the Rams 34–7 and sealed their place IN THE HOUSE OF REPRESENTATIVES takes that cost so many innocent Americans in sports history as one of only two NCAA Di- Thursday, March 10, 2016 their lives. vision II teams to win five National Champion- Mr. FITZPATRICK. Mr. Speaker, U.S. Dis- Since that time FEMA has vastly improved ship titles. trict Court Judge Cynthia M. Rufe is the recipi- its organization and response protocols to dis- Mr. Speaker, I proudly ask you to join me in ent of the 2016 Bucks County Women’s His- asters throughout the country. commending the accomplishments of the tory Month Award, presented annually to dis- An example is FEMA’s response to the Northwest Missouri Football Team for their tre- tinguished women whose professional and 2015 historic floods in of Houston, Texas, mendous undefeated season and title. civic achievements have ‘‘made a difference.’’ which helped saved countless lives. f Her career began as a high school teacher, H.R. 1471 reauthorizes FEMA through Fis- CONGRATULATING CAPTAIN later an attorney, leader and mentor. Judge cal Year 2018 authorizes millions per year up THOMAS ROCHE Rufe was a member of the panel that estab- to $947 million in annual appropriations, and lished a county-wide system to provide free authorizes the National Urban Search and legal representation to civil litigants and also Rescue Response System. HON. MICHAEL G. FITZPATRICK worked with the Bucks County district attor- This legislation also contains several provi- OF PENNSYLVANIA ney’s office to establish safe protocols for sions intended to reduce future losses from IN THE HOUSE OF REPRESENTATIVES women and child abuse victims. Prior to her disasters and to improve the recovery process Thursday, March 10, 2016 appointment to the federal bench, Judge Rufe for victims and affected communities. Mr. FITZPATRICK. Mr. Speaker, congratula- served with honor and distinction in the Court In addition the bill provides for a study of tions to Captain Thomas M. Roche on the oc- of Common Pleas of Bucks County, Pennsyl- disaster costs and why they have continued to casion of his retirement from the Lower vania. I had the great pleasure of working with increase and gives greater weight to severe Makefield Township Police Department. Judge Rufe on issues of mutual concern dur- localized impact and adjusts disaster relief Throughout his 42-year career in the township, ing my years as a County Commissioner in policies to reflect this change. Capt. Roche distinguished himself with his Doylestown. To protect families and individuals H.R. contributions, service and responsibilities, in- Judge Rufe continues to advocate for legal 1471 prohibits FEMA from initiating new action cluding oversight of the police department’s in- education and mentors law students and new to recover disaster assistance payments made ternal affairs investigations, traffic safety unit, attorneys and regularly presents legal and eth- to an individual or household more than three events and planning and as deputy emer- ics courses to state and local bar associations. years after the payments were made, or to re- gency management coordinator. Furthermore, Additionally, she serves as a faculty member cover emergency assistance funds owed by his supervisors recognized the key role he of the TIPS Trial Academy. As the grand- an individual or household more than three played in the Lower Makefield department’s daughter of immigrants, Judge Rufe takes years after the funds were determined to be award and designation in the Pennsylvania great pride in her frequent role in naturaliza- owed. Accreditation program. Prior to joining the de- tion ceremonies, welcoming new American Mr. Speaker, H.R. 1471, ‘‘FEMA Disaster partment, Capt. Roche was a proud member citizens with sincere and inspiring words. Assistance Reform Act of 2015’’ provides of the United States Army in Chu Lai, Repub- The Women’s History Month Award pre- many changes that will allow this vital agency lic of Vietnam and also as a member of the sented to Judge Rufe is one page in the story to operate effectively and respond quickly to military police, stationed at several Army of generations of women whose belief in the areas in this country where its services are bases in the U.S. He is a decorated veteran equality and justice motivated them to make a needed most. and a dedicated member of the law enforce- difference in society, ultimately affecting the f ment community, Capt. Roche has set a fine lives of subsequent generations. Judge Rufe example of public service for others to follow exemplifies a belief in our nation’s inherent HONORING THE NATIONAL CHAM- PION NORTHWEST MISSOURI and begins his retirement with the appreciation values, including the rule of law and justice of the citizens he willingly served. and, in so doing, has set an example for STATE UNIVERSITY FOOTBALL f women who may choose to follow in her foot- PROGRAM steps. RECOGNIZING THE 125TH ANNIVER- f HON. SAM GRAVES SARY OF THE WILLIAM FENTON OF MISSOURI HOWE FAMILY IN PORT OR- FEMA DISASTER ASSISTANCE IN THE HOUSE OF REPRESENTATIVES CHARD, WASHINGTON REFORM ACT OF 2015 Thursday, March 10, 2016 HON. DEREK KILMER Mr. GRAVES of Missouri. Mr. Speaker, I HON. SHEILA JACKSON LEE OF WASHINGTON proudly pause to congratulate the Northwest OF TEXAS IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Missouri State University Football Program on their ninth appearance and fifth title in the Thursday, March 10, 2016 Thursday, March 10, 2016 NCAA Division II National Championship. It Mr. KILMER. Mr. Speaker, I rise today to Ms. JACKSON LEE. Mr. Speaker, I rise to isn’t every day that a team from the 6th Dis- honor the William Fenton Howe family for their express my strong support for H.R. 1471, the trict of Missouri wins a National Champion- contributions to the history of the Pacific ‘‘FEMA Disaster Assistance Reform Act of ship, but thanks to the Northwest Bearcats it Northwest and to recognize their 125th anni- 2015.’’ is starting to become a tradition. versary of calling the city of Port Orchard, The Federal Emergency Management Act On December 19, 2015, the Northwest Washington, home. (FEMA), which was signed into law in 1979 by Bearcats took on the Shepard University In 1888 the William Fenton Howe family mi- President Carter, provides support to improve Rams in a game at Children’s Mercy Park in grated from Altoona, Pennsylvania, to Tacoma our capability to prepare for, protect against, Kansas City, Kansas. Although the competi- in what was then the Washington Territory.

∑ This ‘‘bullet’’ symbol identifies statements or insertions which are not spoken by a Member of the Senate on the floor. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

VerDate Sep 11 2014 01:22 Mar 11, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A10MR8.001 E10MRPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E292 CONGRESSIONAL RECORD — Extensions of Remarks March 10, 2016 On March 6, 1891, William Fenton Howe NANCY DAVIS REAGAN: TIRELESS After President Reagan was diagnosed with moved his family to the town of Sidney, now ADVOCATE FOR DRUG ABUSE Alzheimer’s Disease in 1994, the couple known as Port Orchard, on the shores of the PREVENTION, ALZHEIMER’S DIS- founded the Ronald and Nancy Reagan Re- Sinclair Inlet of Puget Sound. The family, EASE RESEARCH AND FORMER search Institute, located in Chicago, Illinois. which consisted of his wife Emma and chil- FIRST LADY OF THE UNITED As Ronald Reagan’s disease progressed, STATES dren Harry, William, Edwin, Roy, and Edith, Nancy became the primary caregiver for her husband. moved into the house located at 307 Cline After President Ronald Reagan’s death in Street, which remains standing today. HON. SHEILA JACKSON LEE OF TEXAS 2004, Nancy Reagan became a supporter of At the time of the Howe family’s arrival, Sid- IN THE HOUSE OF REPRESENTATIVES stem-cell research. ney was becoming known for its lumber indus- Thursday, March 10, 2016 Nancy Reagan was a true symbol of Amer- try, pottery works, small business, and agricul- ican elegance during her time as First Lady of Ms. JACKSON LEE. Mr. Speaker, I rise to the United States and a tireless advocate for tural opportunities. In 1890, Sidney became pay tribute to Nancy Davis Reagan, the former those Americans who suffer from Alzheimer’s the first town in Kitsap County to incorporate First Lady of the United States, who died on Disease. and was chosen as the county seat, and later March 6, 2016 at her home in California at the Mr. Speaker, I ask the House to take a mo- renamed Port Orchard. The Howe family was age of 94. ment of silence in remembrance of this ex- a leader in the business community and con- Born July 6, 1921, in New York, New York, Nancy Davis Reagan was the only child of traordinary woman who transcended political tributed to the town’s growth by establishing lines. Howe Hardware, the first hardware store in Kenneth Robbins, a salesman, and Edith the community. Luckett Robbins, an actress. In 1929, Edith Luckett Robbins married a f In 1895 the Howe family suffered a dev- prominent Chicago neurosurgeon, Loyal HONORING PERCY CONWAY AND astating year with the death of Emma Howe Davis, who adopted young Nancy in 1931. THE HI-STYLING BEAUTY CEN- and a fire at Howe Hardware. After the losses, Nancy Davis studied drama at Smith Col- TER ON 50 YEARS OF SUCCESS William Fenton Howe left his children with var- lege where she earned a baccalaureate de- ious families in the community and headed gree in 1943. HON. DANIEL LIPINSKI north to Alaska to pursue opportunities to pro- After college, Nancy Davis followed her dreams to pursue a career in acting. OF ILLINOIS vide for them. Her first role was a nonspeaking part in the IN THE HOUSE OF REPRESENTATIVES William Fenton Howe, a savvy business- touring company production of Ramshackle Thursday, March 10, 2016 man, set out to make his mark in Alaska’s Inn. booming mining industry. Not only did Mr. The play eventually made it to Broadway in Mr. LIPINSKI. Mr. Speaker, I rise today to Howe know how to manage a hardware store, New York City, where Nancy Davis landed a recognize Mr. Percy Conway who is cele- but he was also a skilled tinsmith and built minor role in the 1946 musical Lute Song, brating 50 years as owner of Conway’s Hi- starring Yul Brynner and Mary Martin. Styling Beauty Center in Fairmont, Illinois. stoves for the miners while they looked for In 1949, Nancy Davis noticed that her name Mr. Conway has been barbering since he gold. One of his sons, Edwin Scott Howe, was listed on the Hollywood blacklist, which was ten years old on his father’s porch in joined in the pursuit of ‘‘mining the miner’’ as was established by the film industry to warn Canton, Mississippi. Looking for work he they built stoves that prevented the miners studios and producers of individuals suspected moved to Illinois in 1950 and settled in Fair- from facing certain death in the Arctic wilder- of being communist sympathizers. mont, an unincorporated area between Lock- ness of Nome, Alaska. This case of mistaken identity resulted in port and Joliet. He got a job at Mastic Tile Nancy Davis meeting the love of her life and In Port Orchard, William Fenton Howe’s chil- Company in Joliet, but was called to serve his husband, Ronald Reagan, who at that time dren continued their father’s legacy in the country in the Korean War. was the president of the Screen Actors Guild. business community. After the death of Wil- After his return from the Army, he saw a They were married on March 4, 1952, and need for jobs and services in Fairmont so he liam Fenton Howe, sons Edwin and Harry within a few years daughter Patty and son decided to become an entrepreneur and opened Howe Brothers Hardware as partners. Ronald were born, joining Maureen and Mi- opened the Hi-Styling Beauty Center. When The family also owned and operated Howe Oil chael, Ronald Reagan’s children by a prior he opened his shop, roads in Fairmont barely Company and Howe Motor Company, a Ford marriage. existed and some areas had no water service. dealership still in operation after 103 years. Nancy Reagan became California’s first lady While serving his customers, he frequently lis- Deeply embedded in the community, members in 1967, when her husband was elected to tened to their concerns with the state of the of the Howe family served on town council, Governor of California. community. In 1980, Nancy Reagan became the First Rather than confine himself to his barber- were engaged in civic organizations, and ral- Lady of the United States when her husband shop. Mr. Conway saw an opportunity to help lied the community to bring electric power to was elected the 40th President of the United his community. He was elected to the Lock- Port Orchard and the Washington Veterans States. Home Retsil to Kitsap County. As First lady she championed the ‘‘Just Say port Township Board of Trustees where he No’’ campaign to help dissuade youth from served for twenty years. Mr. Speaker, the Howe family has a long While on the Board of Trustees he worked lineage of public service in the business com- using and abusing drugs. Nancy Reagan worked tirelessly to retrieve to secure a $1.3 million loan from the federal munity as well as in local government and a number of White House antiques, which had government to install sewer and water serv- local organizations. In 2013, the Howe family been in storage, and placed them throughout ices. This work opened the door to new im- was one of five families to be recognized for the Executive Mansion. provements to the area including paved roads their contributions to Port Orchard and the sur- During the Reagan Administration, Nancy and small business opportunities. rounding area by the Kitsap County Historical Reagan was known most importantly as the Through his work, Fairmont has changed Society. I am honored to recognize the Howe president’s personal protector. into the diverse community it is today. Percy family’s contributions to the community of Port After her husband’s term was completed Conway can still be found most days at Hi- Styling Beauty Center, imparting his wisdom. Orchard and recognize their 125th anniversary Nancy established the Nancy Reagan Founda- He also serves on the boards of several non- on this past Sunday, March 6, 2016. tion to support after-school drug prevention programs. profits and remains involved at Shiloh Baptist Nancy Reagan and President Ronald Church. Reagan retired to the ‘‘Reagan Ranch’’ in Mr. Speaker, I ask my colleagues to join me Santa Barbara where they devoted much of in thanking Mr. Percy Conway for all he has their time to the Ronald Reagan Presidential done for his community and to congratulate Library. him on 50 years of business success.

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HIGHLIGHTS Senate passed S. 524, Comprehensive Addiction and Recovery Act, as amended. Senate Statements on Introduced Bills/Resolutions: Chamber Action Pages S1441–43 Routine Proceedings, pages S1397–S1444 Additional Statements: Page S1438 Measures Introduced: Eleven bills and two resolu- Authorities for Committees to Meet: Page S1443 tions were introduced, as follows: S. 2660–2670, and S. Res. 396–397. Page S1439 Record Votes: Two record votes were taken today. (Total—35) Pages S1404, S1423–24 Measures Passed: Adjournment: Senate convened at 9:30 a.m. and Comprehensive Addiction and Recovery Act: By adjourned at 5:27 p.m., until 3 p.m. on Monday, 94 yeas to 1 nay (Vote No. 34), Senate passed S. March 14, 2016. (For Senate’s program, see the re- 524, to authorize the Attorney General to award marks of the Acting Majority Leader in today’s grants to address the national epidemics of prescrip- Record on pages S1443–44.) tion opioid abuse and heroin use. Pages S1403–16 Measures Considered: Committee Meetings Military Sale of F–16 Aircraft to Pakistan: By 71 yeas to 24 nays (Vote No. 35), Senate tabled the (Committees not listed did not meet) motion to discharge the Foreign Relations Com- mittee from further consideration of S.J. Res. 31, re- APPROPRIATIONS: DEPARTMENT OF lating to the disapproval of the proposed foreign EDUCATION military sale to the Government of Pakistan of F–16 Committee on Appropriations: Subcommittee on Depart- Block 52 aircraft. Pages S1422–24 ments of Labor, Health and Human Services, and King Nomination—Agreement: A unanimous-con- Education, and Related Agencies concluded a hear- sent-time agreement was reached providing that at 4 ing to examine proposed budget estimates and jus- p.m., on Monday, March 14, 2016, Senate begin tification for fiscal year 2017 for the Department of consideration of the nomination of John B. King, of Education, after receiving testimony from John New York, to be Secretary of Education; that there King, Acting Secretary of Education. be 90 minutes for debate only on the nomination, equally divided in the usual form; that upon the use APPROPRIATIONS: NATIONAL or yielding back of time, Senate vote on confirma- AERONAUTICS AND SPACE tion of the nomination, without intervening action ADMINISTRATION or debate. Page S1416 Committee on Appropriations: Subcommittee on Com- Nominations Confirmed: Senate confirmed the fol- merce, Justice, Science, and Related Agencies con- lowing nominations: cluded a hearing to examine proposed budget esti- 2 Coast Guard nominations in the rank of admi- mates and justification for fiscal year 2017 for the ral. Page S1443, S1444 National Aeronautics and Space Administration, after receiving testimony from Charles F. Bolden, Jr., Executive Reports of Committees: Pages S1438–39 Administrator, National Aeronautics and Space Ad- Additional Cosponsors: Pages S1439–41 ministration. D238

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Shulkin, Under growth, improve nutritional outcomes, especially for Secretary for Health, Veterans Health Administra- women and children, build resilience among vulner- tion, and Danny G. I. Pummill, Acting Under Sec- able populations, with an amendment in the nature retary for Benefits, Veterans Benefits Administration, of a substitute; all of the Department of Veterans Affairs. S. Res. 375, raising awareness of modern slavery; APPROPRIATIONS: DEPARTMENT OF S. Res. 368, supporting efforts by the Government HOUSING AND URBAN DEVELOPMENT of Colombia to pursue peace and the end of the Committee on Appropriations: Subcommittee on Trans- country’s enduring internal armed conflict and rec- portation, Housing and Urban Development, and ognizing United States support for Colombia at the Related Agencies concluded a hearing to examine 15th anniversary of Plan Colombia; proposed budget estimates and justification for fiscal S. Res. 388, supporting the goals of International year 2017 for the Department of Housing and Women’s Day, with amendments; Urban Development, after receiving testimony from S. Res. 392, expressing the sense of the Senate re- Julian Castro, Secretary, and David A. Montoya, In- garding the prosecution and conviction of former spector General, Office of Inspector General, both of President Mohamed Nasheed without due process the Department of Housing and Urban Develop- and urging the Government of the Maldives to take ment. all necessary steps to redress this injustice, to release all political prisoners, and to ensure due process and DEFENSE AUTHORIZATION REQUEST AND FUTURE YEARS DEFENSE PROGRAM freedom from political prosecution for all the people of the Maldives; Committee on Armed Services: Committee concluded a S. Res. 378, expressing the sense of the Senate re- hearing to examine United States Strategic Com- garding the courageous work and life of Russian op- mand, United States Northern Command, and position leader Boris Yefimovich Nemtsov and re- United States Southern Command programs and newing the call for a full and transparent investiga- budget in review of the Defense Authorization Re- tion into the tragic murder of Boris Yefimovich quest for fiscal year 2017 and the Future Years De- Nemtsov in Moscow on February 27, 2015; fense Program, after receiving testimony from Admi- ral Cecil E. D. Haney, USN, Commander, United S. Res. 383, recognizing the importance of the States Strategic Command, Admiral William E. United States-Israel economic relationship and en- Gortney, USN, Commander, United States Northern couraging new areas of cooperation; and Command, and Commander, North American Aero- The nominations of Catherine Ann Novelli, of space Defense Command, and Admiral Kurt W. Virginia, to be Alternate Governor of the European Tidd, USN, Commander, United States Southern Bank for Reconstruction and Development, Marcela Command, all of the Department of Defense. Escobari, of Massachusetts, to be an Assistant Ad- ministrator of the United States Agency for Inter- BUSINESS MEETING national Development, and Karen Brevard Stewart, Committee on Armed Services: Committee ordered favor- of Florida, to be Ambassador to the Republic of the ably reported the nomination of Eric K. Fanning, of Marshall Islands, Amos J. Hochstein, of the District the District of Columbia, to be Secretary of the of Columbia, to be an Assistant Secretary (Energy Army, Department of Defense. Resources), Robert Annan Riley III, of Florida, to be Ambassador to the Federated States of Micronesia, BUSINESS MEETING Matthew John Matthews, of Oregon, for the rank of Committee on Banking, Housing, and Urban Affairs: Ambassador during his tenure of service as Senior Committee ordered favorably reported the nomina- Official for the Asia-Pacific Economic Cooperation tion of Adam J. Szubin, of the District of Columbia, (APEC) Forum, and routine lists in the Foreign Serv- to be Under Secretary for Terrorism and Financial ice, all of the Department of State. Crimes, Department of the Treasury.

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NOMINATIONS cial applications of unmanned aircraft for small busi- Committee on Foreign Relations: Committee concluded nesses, including an original bill entitled, ‘‘Micro a hearing to examine the nominations of Mark Sobel, Drone Safety and Innovation Act’’, S. 2658, to of Virginia, to be Executive Director of the Inter- amend title 49, United States Code, to authorize ap- national Monetary Fund, R. David Harden, of Mary- propriations for the Federal Aviation Administration land, to be an Assistant Aministrator of the United for fiscal years 2016 through 2017, S. 2156, to States Agency for International Development, and amend title 18, United States Code, to provide a Stephen Michael Schwartz, of Maryland, to be Am- criminal penalty for launching drones that interfere bassador to the Federal Republic of Somalia, Kelly with fighting fires affecting Federal property or re- Keiderling-Franz, of Virginia, to be Ambassador to sponding to disasters affecting interstate or foreign the Oriental Republic of Uruguay, Elizabeth commerce, S. 1314, to establish an interim rule for Holzhall Richard, of Virginia, to be Ambassador to the operation of small unmanned aircraft for com- the Lebanese Republic, Christine Ann Elder, of Ken- mercial purposes and their safe integration into the tucky, to be Ambassador to the Republic of Liberia, national airspace system, S. 2626, to authorize the and Adam H. Sterling, of Virginia, to be Ambas- operation of unmanned aircraft systems by institu- sador to the Slovak Republic, all of the Department tions of higher education for educational and re- of State, after the nominees testified and answered search purposes, and S. 635, to amend the FAA questions in their own behalf. Modernization and Reform Act of 2012 to provide ACA HEALTH INSURANCE CONSUMER guidance and limitations regarding the integration of OPERATED AND ORIENTED PLAN unmanned aircraft systems into United States air- PROGRAM space, after receiving testimony from Brian Wynne, Committee on Homeland Security and Governmental Af- Association for Unmanned Vehicle Systems Inter- fairs: Permanent Subcommittee on Investigations national, and Eli Dourado, George Mason University concluded a hearing to examine the Affordable Care Mercatus Center Technology Policy Program, both of Act health insurance Consumer Operated and Ori- Arlington, Virginia; Tim Canoll, Air Line Pilots As- ented Plan program, after receiving testimony from sociation, International, Washington, D.C.; Thomas Andy Slavitt, Acting Administrator, and Kevin W. Vaneck, Physical Sciences Inc., Andover, Massa- Counihan, Marketplace Chief Executive Officer, and chusetts; and Gregory S. McNeal, Pepperdine Uni- Deputy Administrator, both of the Centers for Medi- versity, Santa Monica, California. care and Medicaid Services, Department of Health and Human Services; and Scott E. Harrington, Uni- INTELLIGENCE versity of Pennsylvania Wharton School, Philadel- phia. Select Committee on Intelligence: Committee held closed hearings on intelligence matters, receiving testimony COMMERCIAL APPLICATIONS OF from officials of the intelligence community. UNMANNED AIRCRAFT Committee recessed subject to the call. Committee on Small Business and Entrepreneurship: Com- mittee concluded a hearing to examine the commer- h House of Representatives mercial quantities determination, and for other pur- Chamber Action poses (H. Rept. 114–446); Public Bills and Resolutions Introduced:8 public H.R. 2857, to facilitate the addition of park ad- bills, H.R. 4721–4728; were introduced. Page H1301 ministration at the Coltsville National Historical Additional Cosponsors: Page H1302 Park, and for other purposes, with an amendment (H. Rept. 114–447); Reports Filed: Reports were filed today as follows: H.R. 3079, to take certain Federal land located in H.R. 1820, to authorize the Secretary of the Inte- Tuolumne County, California, into trust for the ben- rior to retire coal preference right lease applications efit of the Tuolumne Band of Me-Wuk Indians, and for which the Secretary has made an affirmative com-

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 3 p.m., Monday, March 14 12 p.m., Monday, March 14

Senate Chamber House Chamber Program for Monday: After the transaction of any Program for Monday: To be announced. morning business (not to extend beyond 4 p.m.), Senate will begin consideration of the nomination of John B. King, of New York, to be Secretary of Education. At approximately 5:30 p.m., Senate will vote on confirmation of the nomination.

Extensions of Remarks, as inserted in this issue

HOUSE

Fitzpatrick, Michael G., Pa., E291, E291 Graves, Sam, Mo., E291 Jackson Lee, Sheila, Tex., E291, E292 Kilmer, Derek, Wash., E291 Lipinski, Daniel, Ill., E292

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