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, TUESDAY, JUNE 28, 2016 No. 104 House of Representatives The House met at 5 p.m. and was THE JOURNAL With best wishes, I am, Sincerely, called to order by the Speaker pro tem- The SPEAKER pro tempore. Pursu- KAREN L. HAAS. pore (Mr. HARRIS). ant to section 3(a) of House Resolution f 797, the Journal of the last day’s pro- f DESIGNATION OF THE SPEAKER ceedings is approved. PRO TEMPORE f SENATE BILL AND CONCURRENT The SPEAKER pro tempore laid be- PLEDGE OF ALLEGIANCE RESOLUTION REFERRED fore the House the following commu- The SPEAKER pro tempore. The A bill and a concurrent resolution of nication from the Speaker: Chair will lead the House in the Pledge the Senate of the following titles were WASHINGTON, DC, of Allegiance. taken from the Speaker’s table and, June 28, 2016. The SPEAKER pro tempore led the I hereby appoint the Honorable ANDY HAR- under the rule, referred as follows: RIS to act as Speaker pro tempore on this Pledge of Allegiance as follows: S. 795. An act to enhance whistleblower day. I pledge allegiance to the Flag of the protection for contractor and grantee em- PAUL D. RYAN, United States of America, and to the Repub- ployees; to the Committee on Oversight and Speaker of the House of Representatives. lic for which it stands, one nation under God, Government Reform; in addition, to the f indivisible, with liberty and justice for all. Committee on Armed Services for a period to f be subsequently determined by the Speaker, PRAYER in each case for consideration of such provi- The Chaplain, the Reverend Patrick COMMUNICATION FROM THE sions as fall within the jurisdiction of the J. Conroy, offered the following prayer: CLERK OF THE HOUSE committee concerned. Merciful God, thank You for giving The SPEAKER pro tempore laid be- S. Con. Res. 39. Concurrent resolution hon- oring the members of the United States Air us another day. fore the House the following commu- Let Your spirit of peace descend upon Force who were casualties of the June 25, nication from the Clerk of the House of 1996, terrorist bombing of the United States this place and those who work here. Representatives: Sector Khobar Towers military housing com- During this week, may the heat of po- OFFICE OF THE CLERK, plex on Dhahran Air Base; to the Committee litical positions cool and the light of HOUSE OF REPRESENTATIVES, on Armed Services. governing wisdom break forth. Washington, DC, June 24, 2016. Bless the Members back home in Hon. PAUL D. RYAN, f their districts, and the people whom The Speaker, House of Representatives, Washington, DC. they serve. ADJOURNMENT And as all Americans prepare to cele- DEAR MR. SPEAKER: Pursuant to the per- brate the Fourth of July, may we be mission granted in Clause 2(h) of Rule II of The SPEAKER pro tempore. Pursu- forever grateful for the benefits we the Rules of the U.S. House of Representa- ant to section 3(b) of House Resolution share as citizens of a common Nation tives, the Clerk received the following mes- 797, the House stands adjourned until 9 sage from the Secretary of the Senate on a.m. on Friday, July 1, 2016. with uncommon diversity. Help us to June 24, 2016 at 10:28 a.m.: work together to build a better com- That the Senate passed S. 795. Thereupon (at 5 o’clock and 6 min- munity as a light for the world. That the Senate agreed to S. Con. Res. 39. utes p.m.), under its previous order, the May all that is done be for Your That the Senate passed without amend- House adjourned until Friday, July 1, greater honor and glory. Amen. ment H.R. 3114. 2016, at 9 a.m.

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.

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REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, DELEGATION TO MONGOLIA, BURMA, KYRGYSTAN, AND UKRAINE, EXPENDED BETWEEN MAY 26 AND JUNE 5, 2016

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Peter Roskam ...... 5/28 5/29 Mongolia ...... 285.00 ...... (3) ...... 285.00 Hon. David Price ...... 5/28 5/29 Mongolia ...... 285.00 ...... (3) ...... 285.00 Hon. Ander Crenshaw ...... 5/28 5/29 Mongolia ...... 285.00 ...... (3) ...... 285.00 Hon. Jim McDermott ...... 5/28 5/29 Mongolia ...... 285.00 ...... (3) ...... 285.00 Hon. Dina Titus ...... 5/28 5/29 Mongolia ...... 285.00 ...... (3) ...... 285.00 Hon. Susan Davis ...... 5/28 5/29 Mongolia ...... 285.00 ...... (3) ...... 285.00 Hon. Tim Murphy ...... 5/28 5/29 Mongolia ...... 285.00 ...... (3) ...... 285.00 Hon. Gerry Connolly ...... 5/28 5/29 Mongolia ...... 285.00 ...... (3) ...... 285.00 Hon. Justin Wein ...... 5/28 5/29 Mongolia ...... 285.00 ...... (3) ...... 285.00 Hon. Jeff Billman ...... 5 /28 5 /29 Mongolia ...... 285.00 ...... (3) ...... 285.00 Hon. Peter Roskam ...... 5/29 6/1 Burma ...... 871.00 ...... (3) ...... 871.00 Hon. David Price ...... 5/29 6/1 Burma ...... 871.00 ...... (3) ...... 871.00 Hon. Ander Crenshaw ...... 5/29 6/1 Burma ...... 871.00 ...... (3) ...... 871.00 Hon. Jim McDermott ...... 5/29 6/1 Burma ...... 871.00 ...... (3) ...... 871.00 Hon. Dina Titus ...... 5/29 6/1 Burma ...... 871.00 ...... (3) ...... 871.00 Hon. Susan Davis ...... 5/29 6/1 Burma ...... 871.00 ...... (3) ...... 871.00 Hon. Tim Murphy ...... 5/29 6/1 Burma ...... 871.00 ...... (3) ...... 871.00 Hon. Gerry Connolly ...... 5/29 6/1 Burma ...... 871.00 ...... (3) ...... 871.00 Hon. Justin Wein ...... 5/29 6/1 Burma ...... 871.00 ...... (3) ...... 871.00 Hon. Jeff Billman ...... 5 /29 6 /1 Burma ...... 871.00 ...... (3) ...... 871.00 Hon. Peter Roskam ...... 6/1 6/3 Kyrgyzstan ...... 622.00 ...... (3) ...... 622.00 Hon. David Price ...... 6/1 6 /3 Kyrgyzstan ...... 622.00 ...... (3) ...... 622.00 Hon. Ander Crenshaw ...... 6/1 6/3 Kyrgyzstan ...... 622.00 ...... (3) ...... 622.00 Hon. Jim McDermott ...... 6/1 6/3 Kyrgyzstan ...... 622.00 ...... (3) ...... 622.00 Hon. Dina Titus ...... 6/1 6/3 Kyrgyzstan ...... 622.00 ...... (3) ...... 622.00 Hon. Susan Davis ...... 6/1 6/3 Kyrgyzstan ...... 622.00 ...... (3) ...... 622.00 Hon. Tim Murphy ...... 6/1 6/3 Kyrgyzstan ...... 622.00 ...... (3) ...... 622.00 Hon. Gerry Connolly ...... 6/1 6 /3 Kyrgyzstan ...... 622.00 ...... (3) ...... 622.00 Hon. Justin Wein ...... 6/1 6 /3 Kyrgyzstan ...... 622.00 ...... (3) ...... 622.00 Hon. Jeff Billman ...... 6 /1 6/3 Kyrgyzstan ...... 622.00 ...... (3) ...... 622.00 Hon. Peter Roskam ...... 6/3 6/5 Ukraine ...... 748.00 ...... (3) ...... 748.00 Hon. David Price ...... 6/3 6 /5 Ukraine ...... 748.00 ...... (3) ...... 748.00 Hon. Ander Crenshaw ...... 6/3 6/5 Ukraine ...... 748.00 ...... (3) ...... 748.00 Hon. Jim McDermott ...... 6/3 6/5 Ukraine ...... 748.00 ...... (3) ...... 748.00 Hon. Dina Titus ...... 6/3 6/5 Ukraine ...... 748.00 ...... (3) ...... 748.00 Hon. Susan Davis ...... 6/3 6/5 Ukraine ...... 748.00 ...... (3) ...... 748.00 Hon. Tim Murphy ...... 6/3 6/5 Ukraine ...... 748.00 ...... (3) ...... 748.00 Hon. Gerry Connolly ...... 6/3 6 /5 Ukraine ...... 748.00 ...... (3) ...... 748.00 Hon. Justin Wein ...... 6/3 6 /5 Ukraine ...... 748.00 ...... (3) ...... 748.00 Hon. Jeff Billman ...... 6 /3 6/5 Ukraine ...... 748.00 ...... (3) ...... 748.00 Committee total ...... 25,260.00 ...... 25,260.00 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. h HON. PETER J. ROSKAM, June 14, 2016. EXECUTIVE COMMUNICATIONS, ting the 2015 Annual Report of the Appraisal 5827. A letter from the General Counsel, ETC. Subcommittee of the Federal Financial In- Federal Energy Regulatory Commission, stitutions Examination Council, pursuant to transmitting the Commission’s final rule — Under clause 2 of rule XIV, executive 12 U.S.C. 3332(a)(5); Public Law 101-73, Sec. Settlement Intervals and Shortage Pricing communications were taken from the 1103 (as amended by Public Law 111-203, Sec. in Markets Operated by Regional Trans- Speaker’s table and referred as follows: 1473(b)); (124 Stat. 2190); to the Committee on mission Organizations and Independent Sys- 5820. A letter from the Secretary, Depart- Financial Services. tem Operators [Docket No.: RM15-24-000; ment of Defense, transmitting a letter on the 5824. A letter from the Senior Counsel, Order No.: 825) received June 24, 016, pursu- approved retirement of Lieutenant General Legal Division, Bureau of Consumer Finan- ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- William B. Garrett III, United States Army, cial Protection, transmitting the Bureau’s 121, Sec. 251; (110 Stat. 868); to the Committee and his advancement to the grade of lieuten- final rule — Truth in Lending (Regulation Z) on Energy and Commerce. 5828. A letter from the Director, Office of ant general on the retired list, pursuant to 10 Annual Threshold Adjustments (CARD Act, Congressional Affairs, Nuclear Regulatory U.S.C. 1370(c)(1); Public Law 96-513, Sec. 112 HOEPA and ATR/QM) received June 24, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Public Law Commission, transmitting the Commission’s (as amended by Public Law 104-106, Sec. Major final rule — Revision of Fee Sched- 104-121, Sec. 251; (110 Stat. 868); to the Com- 502(b)); (110 Stat. 293); to the Committee on ules; Fee Recovery for Fiscal Year 2016 mittee on Financial Services. Armed Services. [NRC-2015-0223] (RIN: 3150-AJ66) received 5825. A letter from the Chief of Staff, Media 5821. A letter from the Under Secretary, June 22, 2016, pursuant to 5 U.S.C. Bureau, Federal Communications Commis- Acquisition, Technology, and Logistics, De- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 sion, transmitting the Commission’s final partment of Defense, transmitting the 2016 Stat. 868); to the Committee on Energy and ‘‘Department of Defense Annual Report to rule — Amendment of Section 73.202(b), Commerce. Congress on Chemical and Biological War- Table of Allotments, FM Broadcast Stations 5829. A letter from the Assistant Secretary fare Defense’’, pursuant to 50 U.S.C. 1523(a); (Bogata, Texas) [MB Docket No.: 14-236] (RM- for Export Administration, Bureau of Indus- Public Law 103-160, Sec. 1703; (107 Stat. 1854); 11739); (Wright City, Oklahoma) [MB Docket try and Security, Department of Commerce, to the Committee on Armed Services. No.: 14-257] (RM-11743) received June 24, 2016, transmitting the Department’s final rule — 5822. A letter from the Secretary, Depart- pursuant to 5 U.S.C. 801(a)(1)(A); Public Law Addition of Certain Persons and Removal of ment of Defense, transmitting a letter on the 104-121, Sec. 251; (110 Stat. 868); to the Com- Certain Persons from the Entity List [Dock- approved retirement of Lieutenant General mittee on Energy and Commerce. et No.: 160415341-6341-01] (RIN: 0694-AG94) re- Thomas W. Spoehr, United States Army, and 5826. A letter from the Chief of Staff, Media ceived June 24, 2016, pursuant to 5 U.S.C. his advancement to the grade of lieutenant Bureau, Federal Communications Commis- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 general on the retired list, pursuant to 10 sion, transmitting the Commission’s final Stat. 868); to the Committee on Foreign Af- U.S.C. 1370(c)(1); Public Law 96-513, Sec. 112 rule — Amendment of Section 73.202(b), fairs. (as amended by Public Law 104-106, Sec. Table of Allotments, FM Broadcast Stations 5830. A letter from the Assistant Secretary 502(b)); (110 Stat. 293); to the Committee on (Raymond, Washington) [MB Docket No.: 16- for Export Enforcement, Bureau of Industry Armed Services. 74] (RM-11763) received June 24, 2016, pursu- and Security, Department of Commerce, 5823. A letter from the Chairman, Ap- ant to 5 U.S.C. 801(a)(1)(A); Public Law 104- transmitting the Department’s final rule — praisal Subcommittee, Federal Financial In- 121, Sec. 251; (110 Stat. 868); to the Committee Guidance on Charging and Penalty Deter- stitutions Examination Council, transmit- on Energy and Commerce. minations in Settlement of Administrative

VerDate Sep 11 2014 02:08 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\A28JN7.002 H28JNPT1 emcdonald on DSK9F6TC42PROD with HOUSE June 28, 2016 CONGRESSIONAL RECORD — HOUSE H4185 Enforcement Cases, Revision of Supplement 5840. A letter from the Attorney-Advisor, United States, Department of Justice, trans- No. 1 to Part 766 of the Export Administra- U.S. Coast Guard, Department of Homeland mitting the annual report for CY 2015 of the tion Regulations [Docket No.: 151204999-6179- Security, transmitting the Department’s Foreign Claims Settlement Commission of 02] (RIN: 0694-AG73) reveiced June 24, 2016, final rule — Special Local Regulations; Ma- the United States, pursuant to 22 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); Public Law rine Events in the Seventh Coast Guard Dis- 1622(c); Mar. 10, 1950, ch. 54, Sec. 3(c) (as 104-121, Sec. 251; (110 Stat. 868); to the Com- trict [Docket No.: USCG-2013-0272] (RIN: 1625- amended by Aug. 9, 1955, ch. 645, Sec. 1); (69 mittee on Foreign Affairs. AA08) received June 21, 2016, pursuant to 5 Stat. 562) and 50 U.S.C. 4107; July 3, 1948, ch. 5831. A letter from the Deputy Assistant U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 826, Sec. 9 (as amended by Public Law 89-348, Secretary for Export Administration, Bureau 251; (110 Stat. 868); to the Committee on Sec. 2(6)); (79 Stat. 1312);; jointly to the Com- of Industry and Security, Department of Transportation and Infrastructure. mittees on Foreign Affairs and the Judici- Commerce, transmitting the Department’s 5841. A letter from the Attorney-Advisor, ary. final rule — Revisions to the Unverified List U.S. Coast Guard, Department of Homeland f (UVL) [Docket No.: 160503391-6391-01] (RIN: Security, transmitting the Department’s 0694-AG96) received June 24, 2016, pursuant to final rule — Regulated Navigation Area; Hol- REPORTS OF COMMITTEES ON 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. iday Events; Biscayne Bay, Miami, FL PUBLIC BILLS AND RESOLUTIONS 251; (110 Stat. 868); to the Committee on For- [Docket No.: USCG-2015-0786] (RIN: 1625- eign Affairs. AA11) received June 21, 2016, pursuant to 5 Under clause 2 of rule XIII, reports of 5832. A letter from the Auditor, Office of U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. committees were delivered to the Clerk the District of Columbia Auditor, transmit- 251; (110 Stat. 868); to the Committee on for printing and reference to the proper ting a report entitled, ‘‘Review of Marion S. Transportation and Infrastructure. calendar, as follows: Barry Summer Youth Employment Program 5842. A letter from the Attorney-Advisor, Mr. BRADY of Texas: Committee on Ways Data and Activities’’; to the Committee on U.S. Coast Guard, Department of Homeland Oversight and Government Reform. and Means. H.R. 2959. A bill to prevent Security, transmitting the Department’s States from counting certain expenditures as 5833. A letter from the President and Chief final rule — Security Zone; Military Ocean Executive Officer, Federal Home Loan Bank State spending to reduce TANF work re- Terminal Concord (MOTCO); Concord, Cali- quirements; with an amendment (Rept. 114– of Indianapolis, transmitting the Federal fornia [Docket No.: USCG-2015-0330] (RIN: Home Loan Bank of Indianapolis 2015 man- 644). Referred to the Committee of the Whole 1625-AA87) received June 21, 2016, pursuant to House on the state of the Union. agement report, pursuant to the Chief Finan- 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. cial Officers Act of 1990; to the Committee on Mr. BRADY of Texas: Committee on Ways 251; (110 Stat. 868); to the Committee on Oversight and Government Reform. and Means. H.R. 2966. A bill to amend the Transportation and Infrastructure. 5834. A letter from the Senior Procurement purposes of TANF to include reducing pov- 5843. A letter from the Attorney-Advisor, Executive, Office of Acquisition Policy, Gen- erty by increasing employment entry, reten- U.S. Coast Guard, Department of Homeland eral Services Administration, transmitting tion, and advancement; with an amendment Security, transmitting the Department’s the Administration’s final rule — General (Rept. 114–645). Referred to the Committee of temporary final rule — Special Local Regu- Services Administration Acquisition Regula- the Whole House on the state of the Union. lation; Ohio River mile 791.0 to 795.0, Evans- tion (GSAR); Transactional Data Reporting Mr. BRADY of Texas: Committee on Ways ville, IN [Docket No.: USCG-2016-0395] (RIN: [GSAR Change 74; GSAR Case 2013-G504; and Means. H.R. 2990. A bill to provide for 1625-AA08) received June 21, 2016, pursuant to Docket No.: 2014-0020; Sequence No.: 1] (RIN: the conduct of demonstration projects to 3090-AJ51) received June 22, 2016, pursuant to 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. test the effectiveness of subsidized employ- 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 Stat. 868); to the Committee on ment for TANF recipients; with an amend- 251; (110 Stat. 868); to the Committee on Transportation and Infrastructure. ment (Rept. 114–646). Referred to the Com- 5844. A letter from the Assistant Secretary Oversight and Government Reform. mittee of the Whole House on the state of for Legislation, Department of Health and 5835. A letter from the General Counsel, Of- the Union. Human Services, transmitting the Depart- fice of Science and Technology Policy, Exec- Mr. BISHOP of Utah: Committee on Nat- ment’s ‘‘Report to Congress: Assets for Inde- utive Office of the President, transmitting a ural Resources. H.R. 4582. A bill to exclude pendence Program’’ for Fiscal Years 2012, notification of a federal vacancy, pursuant striped bass from the anadromous fish dou- 2013, and 2014, pursuant to 42 U.S.C. 604 note; to 5 U.S.C. 3349(a); Public Law 105-277, 151(b); bling requirement in section 3406(b)(1) of the Public Law 105-285, Sec. 414(d); (112 Stat. (112 Stat. 2681-614); to the Committee on Central Valley Project Improvement Act, 2771); to the Committee on Ways and Means. Oversight and Government Reform. and for other purposes; with an amendment 5836. A letter from the Auditor, Office of 5845. A letter from the Chief, Publications and Regulations Branch, Internal Revenue (Rept. 114–647). Referred to the Committee of the District of Columbia Auditor, transmit- the Whole House on the state of the Union. ting a report entitled, ‘‘The District of Co- Service, transmitting the Service’s rule — Transfers of Property to Regulated Public Mr. BRADY of Texas: Committee on Ways lumbia Voter File: Compliance with Law and and Means. H.R. 2952. A bill to provide pay- Best Practices’’; to the Committee on Over- Utilities by Electricity Generators [Notice 2016-36] received June 24, 2016, pursuant to 5 ments to States for increasing the employ- sight and Government Reform. ment, job retention, and earnings of former 5837. A letter from the Principal Deputy U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. TANF recipients; with an amendment (Rept. Assistant Secretary for Fish and Wildlife and 251; (110 Stat. 868); to the Committee on 114–648). Referred to the Committee of the Parks, National Park Service, Department of Ways and Means. Whole House on the state of the Union. the Interior, transmitting the Department’s 5846. A letter from the Publications and interim final rule — Civil Penalties Inflation Regulations Branch, Internal Revenue Serv- f ice, transmitting the Service’s final rule — Adjustments [NPS-WASO-NAGPRA-20860; PUBLIC BILLS AND RESOLUTIONS PPWOCRADN0-PCU00RP14.R50000] (RIN: Modification of Treatment of Certain Health 1024-AE28) received June 22, 2016, pursuant to Organizations [TD 9772] (RIN: 1545-BN15) re- Under clause 2 of rule XII, public 5 U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. ceived June 24, 2016, pursuant to 5 U.S.C. bills and resolutions of the following 251; (110 Stat. 868); to the Committee on Nat- 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 titles were introduced and severally re- ural Resources. Stat. 868); to the Committee on Ways and ferred, as follows: 5838. A letter from the Acting Deputy Chief Means. Financial Officer and Director for Financial 5847. A letter from the Publications and By Mr. THOMPSON of Pennsylvania Management, Office of the CFO and Assist- Regulations Branch, Internal Revenue Serv- (for himself, Mr. BYRNE, Mr. CURBELO ant Secretary for Administration, Depart- ice, transmitting the Service’s IRB only rule of Florida, Ms. CLARK of Massachu- ment of Commerce, transmitting the Depart- — Applicable Federal Rates — July 2016 setts, Mr. LANGEVIN, and Mr. NOLAN): ment’s interim final rule — Civil Monetary (Rev. Rul. 2016-17) received June 24, 2016, pur- H.R. 5587. A bill to reauthorize the Carl D. Penalty Adjustments for Inflation [Docket suant to 5 U.S.C. 801(a)(1)(A); Public Law 104- Perkins Career and Technical Education Act No.: 160523449-6449-01] (RIN: 0605-AA44) re- 121, Sec. 251; (110 Stat. 868); to the Committee of 2006; to the Committee on Education and ceived June 22, 2016, pursuant to 5 U.S.C. on Ways and Means. the Workforce. 801(a)(1)(A); Public Law 104-121, Sec. 251; (110 5848. A letter from the Regulations Coordi- By Mr. ABRAHAM: Stat. 868); to the Committee on the Judici- nator, Centers for Medicare and Medicaid H.R. 5588. A bill to increase, effective as of ary. Services, Department of Health and Human December 1, 2016, the rates of compensation 5839. A letter from the Attorney-Advisor, Services, transmitting the Department’s for veterans with service-connected disabil- U.S. Coast Guard, Department of Homeland Major final rule — Medicare Program; Medi- ities and the rates of dependency and indem- Security, transmitting the Department’s care Clinical Diagnostic Laboratory Tests nity compensation for the survivors of cer- temporary final rule — Special Local Regu- Payment System [CMS-1621-F] (RIN: 0938- tain disabled veterans, and for other pur- lation; Midwest Masters Sprints; Maumee AS33) received June 24, 2016, pursuant to 5 poses; to the Committee on Veterans’ Af- River; Toledo, OH [Docket No.: USCG-2016- U.S.C. 801(a)(1)(A); Public Law 104-121, Sec. fairs. 0463] (RIN: 1625-AA08) received June 21, 2016, 251; (110 Stat. 868); jointly to the Committees By Mrs. BLACKBURN: pursuant to 5 U.S.C. 801(a)(1)(A); Public Law on Energy and Commerce and Ways and H.R. 5589. A bill to amend title I of the Pa- 104-121, Sec. 251; (110 Stat. 868); to the Com- Means. tient Protection and Affordable Care Act to mittee on Transportation and Infrastruc- 5849. A letter from the Chief Counsel, For- require verification for eligibility for enroll- ture. eign Claims Settlement Commission of the ment during special enrollment periods in

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PPACA insurance plans, and for other pur- SCHIFF, Ms. DELAURO, Ms. ESTY, Ms. tional security, and for other purposes; to poses; to the Committee on Energy and Com- KAPTUR, and Mr. RYAN of Ohio): the Committee on Financial Services, and in merce. H.R. 5598. A bill to require the Secretary of addition to the Committees on Foreign Af- By Mr. CHABOT (for himself and Mr. the Treasury to mint coins in commemora- fairs, Ways and Means, Armed Services, and PIERLUISI): tion of the 400th anniversary of the landing Intelligence (Permanent Select), for a period H.R. 5590. A bill to amend title 36, United and settlement of Plymouth Colony, the to be subsequently determined by the Speak- States Code, to revise the Federal charter for signing of the Mayflower Compact, and the er, in each case for consideration of such pro- the Foundation of the Federal Bar Associa- role of the indigenous Wampanoag tribes in visions as fall within the jurisdiction of the tion; to the Committee on the Judiciary. the realization of the settlement; to the committee concerned. By Mr. CUELLAR: Committee on Financial Services. By Mr. ROSKAM (for himself, Mr. H.R. 5591. A bill to designate the facility of By Mr. KEATING (for himself, Mr. MULVANEY, Mr. TIBERI, Mr. DIAZ- the United States Postal Service located at CAPUANO, Mr. CASTRO of Texas, Mr. BALART, Mr. KING of New York, Mr. 810 N US Highway 83 in Zapata, Texas, as the CICILLINE, Ms. CLARK of Massachu- AUSTIN SCOTT of Georgia, Mr. YOUNG ‘‘Zapata Veterans Post Office’’; to the Com- setts, Mr. KENNEDY, Mr. MCDERMOTT, of Iowa, Mr. DUFFY, Mr. HOLDING, Mr. mittee on Oversight and Government Re- Mr. MCGOVERN, Mr. MOULTON, Mr. KELLY of Pennsylvania, Mr. GOWDY, form. NEAL, Mr. POCAN, Ms. TSONGAS, Mr. Mr. HARRIS, Mr. POMPEO, and Mr. By Mr. CUMMINGS: WELCH, Mr. LYNCH, Ms. DELAURO, and ZELDIN): H.R. 5592. A bill to amend the Commodity Ms. MCCOLLUM): H.R. 5608. A bill to prevent Iran from di- Exchange Act to clarify which fees the Com- H.R. 5599. A bill to establish the Plymouth rectly or indirectly receiving assistance modity Futures Trading Commission may 400th Commemoration Commission, and for from the Export-Import Bank of the United assess and collect, and for other purposes; to other purposes; to the Committee on Over- States; to the Committee on Financial Serv- the Committee on Agriculture, and in addi- sight and Government Reform. ices. tion to the Committees on Financial Serv- By Mr. KNIGHT (for himself, Mr. By Mr. SALMON: ices, and the Judiciary, for a period to be GUINTA, Mr. STEWART, Mr. JONES, Mr. H.R. 5609. A bill to prohibit any appropria- subsequently determined by the Speaker, in GIBSON, Mr. RUSSELL, Mr. VALADAO, tion of funds to the Saint Lawrence Seaway each case for consideration of such provi- Mr. COOK, Mr. DENHAM, Mr. AUSTIN Development Corporation, and for other pur- sions as fall within the jurisdiction of the SCOTT of Georgia, Mr. JOYCE, Mr. poses; to the Committee on Transportation committee concerned. HECK of Washington, Mr. KILMER, Mr. and Infrastructure. By Mr. DELANEY (for himself, Mr. COFFMAN, Mr. MCCARTHY, Mr. CAL- By Mr. THOMPSON of California (for HULTGREN, Mrs. WALORSKI, and Ms. VERT, Mr. ZINKE, Mrs. DAVIS of Cali- himself and Mr. COOK): SINEMA): fornia, and Mr. KEATING): H.R. 5610. A bill to amend the Internal Rev- H.R. 5593. A bill to amend the Fair Credit H.R. 5600. A bill to direct the Secretary of enue Code of 1986 to exclude from gross in- Reporting Act and the Fair Debt Collection Veterans Affairs to carry out a pilot pro- come amounts received from State-based Practices Act to delay the inclusion in con- gram to provide access to magnetic EEG/ earthquake loss mitigation programs; to the sumer credit reports and to establish re- EKG-guided resonance therapy technology to Committee on Ways and Means. veterans; to the Committee on Veterans’ Af- quirements for debt collectors with respect f to medical debt information of veterans due fairs. to inappropriate or delayed Veterans Choice By Ms. KUSTER (for herself and Mr. CONSTITUTIONAL AUTHORITY Program billing payments, and for other pur- WALBERG): STATEMENT H.R. 5601. A bill to amend the Federal poses; to the Committee on Financial Serv- Pursuant to clause 7 of rule XII of ices. Food, Drug, and Cosmetic Act to require the By Mr. FITZPATRICK (for himself, Ms. label of any drug containing an opiate to the Rules of the House of Representa- prominently state that addiction is possible; SINEMA, and Ms. VELA´ ZQUEZ): tives, the following statements are sub- H.R. 5594. A bill to require the establish- to the Committee on Energy and Commerce. mitted regarding the specific powers ment of a national strategy for combating By Mr. LYNCH (for himself and Mr. granted to Congress in the Constitu- the financing of terrorism and related finan- KING of New York): H.R. 5602. A bill to amend title 31, United tion to enact the accompanying bill or cial crimes, and for other purposes; to the joint resolution. Committee on Financial Services. States Code, to authorize the Secretary of the Treasury to include all funds when By Mr. THOMPSON of Pennsylvania: By Mr. HUFFMAN (for himself, Mrs. issuing certain geographic targeting orders, H.R. 5587. NAPOLITANO, Mr. CARTWRIGHT, Ms. and for other purposes; to the Committee on Congress has the power to enact this legis- SPEIER, Mr. MCNERNEY, Ms. LEE, Mr. Financial Services. lation pursuant to the following: PETERS, and Mr. GARAMENDI): By Mr. LYNCH (for himself and Mr. Article I, section 8 of the Constitution of H.R. 5595. A bill to direct the Secretary of the United States the Army, acting through the Chief of Engi- ROTHFUS): H.R. 5603. A bill to authorize the Secretary By Mr. ABRAHAM: neers, to revise the water manuals of certain of the Treasury pay rewards under an asset H.R. 5588. flood control projects, and for other pur- recovery rewards program to help identify Congress has the power to enact this legis- poses; to the Committee on Transportation and recover stolen assets linked to foreign lation pursuant to the following: and Infrastructure. government corruption and the proceeds of Article I, Section 8 of the United States By Mr. HULTGREN: such corruption hidden behind complex fi- Constitution H.R. 5596. A bill to amend the Securities nancial structures in the United States and By Mrs. BLACKBURN: Exchange Act of 1934 to provide that an H.R. 5589. abroad; to the Committee on Financial Serv- issuer of municipal securities is not required Congress has the power to enact this legis- ices. to retain a municipal advisor prior to issuing lation pursuant to the following: By Mr. MULLIN: The Commerce Clause: Article 1, Section 8, any such securities; to the Committee on Fi- H.R. 5604. A bill to amend title 38, United nancial Services. Clause 3 of the U.S. Constitution gives Con- States Code, to authorize the use of Post-9/11 gress the power ‘‘to regulate commerce with By Mr. ISRAEL: Educational Assistance to pursue inde- H.R. 5597. A bill to authorize microenter- foreign nations, and among the several pendent study programs at certain edu- states, and with the Indian tribes.’’ prise assistance for renewable energy cational institutions that are not institu- By Mr. CHABOT: projects in developing countries; to the Com- tions of higher learning; to the Committee mittee on Foreign Affairs. H.R. 5590. on Veterans’ Affairs. Congress has the power to enact this legis- By Mr. KEATING (for himself, Ms. By Mrs. NOEM (for herself, Mr. BASS, Mr. BERA, Mrs. BROOKS of Indi- lation pursuant to the following: CRAMER, and Mr. PETERSON): Article 1, section 8, clause 18 ana, Mr. CAPUANO, Mr. CARTWRIGHT, H.R. 5605. A bill to amend the Food Secu- By Mr. CUELLAR: Mr. CASTRO of Texas, Mr. CICILLINE, rity Act of 1985 with respect to the adminis- H.R. 5591. Ms. CLARK of Massachusetts, Mr. tration of wetland determinations, and for Congress has the power to enact this legis- CONNOLLY, Mr. DESAULNIER, Mr. other purposes; to the Committee on Agri- lation pursuant to the following: GALLEGO, Ms. HAHN, Mr. HANNA, Mr. culture. Article 1, Section 8, Clause 7: To establish HASTINGS, Mr. HIGGINS, Mr. HUFFMAN, By Mr. PITTENGER (for himself and post offices and post road; Mr. KENNEDY, Mr. KILDEE, Mr. LAN- Ms. MAXINE WATERS of California): By Mr. CUMMINGS: GEVIN, Mr. LARSON of Connecticut, H.R. 5606. A bill to facilitate better infor- H.R. 5592. Mr. LOEBSACK, Mr. LYNCH, Ms. mation sharing to assist in the fight against Congress has the power to enact this legis- MCCOLLUM, Mr. MCDERMOTT, Mr. the funding of terrorist activities, and for lation pursuant to the following: MCGOVERN, Mr. MOULTON, Mr. NEAL, other purposes; to the Committee on Finan- Article I, Section VIII, Clause XVIII. The Ms. PINGREE, Mr. POCAN, Mr. POSEY, cial Services. Congress shall have Power . . . To make all Mr. STEWART, Mr. TONKO, Ms. TSON- By Mr. PITTENGER (for himself and Laws which shall be necessary and proper for GAS, Mr. VARGAS, Mr. WELCH, Ms. Mr. LYNCH): carrying into Execution the foregoing Pow- WILSON of Florida, Mr. WILSON of H.R. 5607. A bill to enhance the Depart- ers, and all other Powers vested by this Con- South Carolina, Mr. PASCRELL, Mr. ment of the Treasury’s role in protecting na- stitution in the Government of the United

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States, or in any Department or Officer Congress has the power to enact this legis- H.R. 3337: Mr. MICHAEL F. DOYLE of Penn- thereof. lation pursuant to the following: sylvania. By Mr. DELANEY: Article I, Section 8 of the Constitution H.R. 3355: Mr. GUTHRIE and Mr. COSTELLO H.R. 5593. By Mr. PITTENGER: of Pennsylvania. Congress has the power to enact this legis- H.R. 5607. H.R. 3365: Ms. LOFGREN. lation pursuant to the following: Congress has the power to enact this legis- H.R. 3514: Mr. RUPPERSBERGER. Article I, Section 8 lation pursuant to the following: H.R. 3591: Mr. LYNCH. By Mr. FITZPATRICK: Article I, Section 8 of the Constitution H.R. 3815: Mr. MCGOVERN, Ms. ESTY, and H.R. 5594. By Mr. ROSKAM: Ms. SLAUGHTER. Congress has the power to enact this legis- H.R. 5608. H.R. 3843: Mr. TIPTON. lation pursuant to the following: Congress has the power to enact this legis- H.R. 3870: Mr. MACARTHUR and Mr. VAN Article I, Section 8 of the Constitution lation pursuant to the following: HOLLEN. By Mr. HUFFMAN: Article I, Section 8, Clause 3: ‘‘The Con- H.R. 4034: Mr. GOSAR. H.R. 5595. gress hsall have the power to regulate com- H.R. 4237: Mr. GIBSON. Congress has the power to enact this legis- merce with foreign Nations, and among the H.R. 4247: Mr. PAULSEN and Mr. CICILLINE. lation pursuant to the following: several sttes, and with the Indian Tribes.’’ H.R. 4276: Ms. SCHAKOWSKY. Article I, Section 8, Clause 18: To make all Article I, Section 8, Clause 18: ‘‘The Con- H.R. 4463: Ms. STEFANIK. Laws which shall be necessary and proper for gress shall have the Power to make all Laws H.R. 4500: Mr. SHIMKUS. carrying into Execution the foregoing Pow- which shall be necessary and proper for car- H.R. 4528: Ms. LEE and Ms. MCCOLLUM. ers, and all other Powers vested by this Con- rying into execution the foregoing Powers, H.R. 4538: Mr. YOUNG of Iowa and Mr. stitution in the Government of the United and all other Powers vested by this Constitu- RENACCI. States, or in any Department or Office there- tion in the Government ofthe United States, H.R. 4603: Mr. MCNERNEY. of. or in any Department or Officer therof.’’ H.R. 4626: Mr. HINOJOSA, Mr. SCOTT of Vir- By Mr. HULTGREN: By Mr. SALMON: ginia, and Ms. DELAURO. H.R. 5596. H.R. 5609. H.R. 4687: Mrs . MILLER of Michigan. Congress has the power to enact this legis- Congress has the power to enact this legis- H.R. 4815: Mr. FITZPATRICK. lation pursuant to the following: lation pursuant to the following: H.R. 4816: Mr. DESJARLAIS. Article I, Section 8, Clause 18: To make all H.R. 4848: Mr. ABRAHAM. Laws which shall be necessary and proper for Article I, Section 9, Clause 7—‘‘No money shall be drawn from the Treasury, but in H.R. 4860: Mr. COHEN. carrying into Execution the foregoing Pow- H.R. 4893: Ms. KUSTER. ers, and all other Powers vested by this Con- Consequence of Appropriations made by Law; and a regular Statement and Account of the H.R. 4938: Mr. YOUNG of Indiana, Mrs. DIN- stitution in the Government of the United GELL, Ms. SLAUGHTER, Mr. KLINE, Mr. States, or in any Department or Officer Receipts and Expenditures of all public Money shall be published from time to SWALWELL of California, Ms. BROWN of Flor- thereof. ida, Mr. CA´ RDENAS, Mr. THOMPSON of Mis- By Mr. ISRAEL: time.’’ By Mr. THOMPSON of California: sissippi, and Mr. MCCAUL. H.R. 5597. H.R. 4956: Mr. MOONEY of West Virginia. Congress has the power to enact this legis- H.R. 5610. Congress has the power to enact this legis- H.R. 4989: Ms. MICHELLE LUJAN GRISHAM of lation pursuant to the following: New Mexico. Article I, Section 8 lation pursuant to the following: H.R. 5064: Mr. HURD of Texas. By Mr. KEATING: U.S. Const. art. I, § 1 H.R. 5095: Mr. RYAN of Ohio. H.R. 5598. f H.R. 5119: Mr. TROTT. Congress has the power to enact this legis- H.R. 5122: Mr. ASHFORD. lation pursuant to the following: ADDITIONAL SPONSORS H.R. 5127: Mr. BRENDAN F. BOYLE of Penn- Article 1, Section 8 of the United States sylvania. Constitution. Under clause 7 of rule XII, sponsors H.R. 5167: Ms. STEFANIK, Mr. HIGGINS, Mr. By Mr. KEATING: were added to public bills and resolu- COLE, and Ms. ESTY. H.R. 5599. tions, as follows: Congress has the power to enact this legis- H.R. 5177: Mr. MACARTHUR and Ms. NORTON. H.R. 224: Mr. O’ROURKE. H.R. 5190: Mr. COFFMAN. lation pursuant to the following: H.R. 320: Mr. RATCLIFFE and Ms. LOFGREN. Article 1, Section 8 of the United States H.R. 5191: Ms. GABBARD. H.R. 605: Mr. COURTNEY. H.R. 5204: Mr. REICHERT. Constitution. H.R. 932: Mr. FARR. By Mr. KNIGHT: H.R. 5210: Mr. MILLER of Florida and Mr. H.R. 1062: Mr. LOEBSACK. ROONEY of Florida. H.R. 5600. H.R. 1076: Mr. SERRANO and Ms. ROYBAL- Congress has the power to enact this legis- H.R. 5230: Mr. COLLINS of New York. ALLARD. H.R. 5232: Ms. ESHOO. lation pursuant to the following: H.R. 1378: Mr. LEVIN. Article I, Section 8 H.R. 5272: Ms. ESTY, Mr. COHEN, Ms. H.R. 1427: Mr. KLINE. ´ By Ms. KUSTER: BROWNLEY of California, Mr. CARDENAS, MS. H.R. 1439: Mr. FARR. H.R. 5601. CASTOR of Florida, and Mrs. WATSON COLE- H.R. 1453: Ms. GRANGER. Congress has the power to enact this legis- MAN. H.R. 1534: Mr. CLAY. lation pursuant to the following: H.R. 5275: Mr. VALADAO. H.R. 1594: Mr. DEFAZIO. Article I, Section 8, Paragraph 3: To regu- H.R. 5292: Mr. CA´ RDENAS, Ms. GRANGER, Mr. H.R. 1877: Mr. BRADY of Pennsylvania. late Commerce with foreign Nations, and O’ROURKE, Mr. COHEN, Mrs. BLACKBURN, Mr. H.R. 2083: Ms. KAPTUR. among the several States, and with the In- RICHMOND, and Mr. MARINO. H.R. 2216: Ms. DELBENE. dian Tribes H.R. 5332: Mr. DONOVAN and Ms. DELAURO. H.R. 2237: Mr. MCGOVERN. By Mr. LYNCH: H.R. 5333: Mr. YOUNG of Iowa. H.R. 2274: Mr. HECK of Nevada. H.R. 5602. H.R. 5365: Mr. KING of New York. Congress has the power to enact this legis- H.R. 2311: Mr. DUFFY. H.R. 5372: Mr. HASTINGS. lation pursuant to the following: H.R. 2404: Mr. MURPHY of Florida. H.R. 5457: Mr. COLE. Article 1 section 8 Clause 18 of the United H.R. 2434: Ms. LOFGREN and Mr. FRELING- H.R. 5474: Ms. DELAURO. States Constitution. HUYSEN. H.R. 5495: Ms. TSONGAS. By Mr. LYNCH: H.R. 2519: Mr. BRADY of Pennsylvania and H.R. 5504: Mr. MCNERNEY, Ms. FRANKEL of H.R. 5603. Mr. COURTNEY. Florida, Mr. KEATING, Mr. ISRAEL, and Ms. Congress has the power to enact this legis- H.R. 2660: Mr. HECK of Washington. SLAUGHTER. lation pursuant to the following: H.R. 2713: Ms. WASSERMAN SCHULTZ, Mr. H.R. 5533: Mr. DOLD. Article 1 section 8 Clause 18 of the United THOMPSON of Mississippi, and Ms. KAPTUR. H.R. 5555: Mr. LEVIN, Mr. MCDERMOTT, and States Constitution. H.R. 2737: Mr. DENHAM and Mr. SALMON. Mr. KIND. By Mr. MULLIN: H.R. 2799: Mr. THOMPSON of Pennsylvania H.R. 5561: Mr. AUSTIN SCOTT of Georgia. H.R. 5604. and Mr. MCCAUL. H.R. 5578: Mrs. WAGNER, Ms. DELAURO, Mr. Congress has the power to enact this legis- H.R. 2802: Mr. DAVIDSON. TED LIEU of California, and Mr. POSEY. lation pursuant to the following: H.R. 3012: Mr. COFFMAN. H. Con. Res. 40: Mr. COHEN. Article I, Section 8, Clause 18 of the U.S. H.R. 3222: Mrs. MIMI WALTERS of California H. Con. Res. 59: Mr. MCNERNEY and Mr. Constitution and Mrs. NOEM. KEATING. By Mrs. NOEM: H.R. 3235: Mrs. NAPOLITANO, Ms. H. Con. Res. 132: Mr. ELLISON, Ms. JACKSON H.R. 5605. WASSERMAN SCHULTZ, Ms. STEFANIK, and Mr. LEE, Mr. COHEN, Mr. BRADY of Pennsylvania, Congress has the power to enact this legis- LEVIN. Ms. LOFGREN, and Mr. MCGOVERN. lation pursuant to the following: H.R. 3244: Mr. COURTNEY. H. Res. 220: Mr. JOLLY and Mr. KENNEDY. Article I, Section 8, Clause 3 H.R. 3250: Mr. COSTELLO of Pennsylvania H. Res. 549: Mr. HOYER. By Mr. PITTENGER: and Mr. MEEHAN. H. Res. 642: Mr. COLLINS of New York. H.R. 5606. H.R. 3283: Mr. THOMPSON of Pennsylvania. H. Res. 728: Mr. DEFAZIO.

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H. Res. 729: Ms. TSONGAS, Mr. KELLY of RERA BEUTLER, Mr. COURTNEY, Ms. HAHN, and H. Res. 790: Mr. DUNCAN of South Carolina. Mr. DENHAM. Mississippi, Mr. TROTT, Mrs. BUSTOS, Mr. H. Res. 792: Mr. PASCRELL, Mr. KILMER, Ms. H. Res. 730: Mrs. WAGNER. KENNEDY, Mr. KNIGHT, Mr. TED LIEU of Cali- NORTON, Ms. JACKSON LEE and Mr. PALLONE. H. Res. 750: Mr. CROWLEY, Mr. fornia, Mr. KEATING, Mr. CROWLEY, Ms. HER- FLEISCHMANN, Ms. BROWN of Florida, and Mr. H. Res. 801: Mr. SMITH of New Jersey and ALLEN. Mr. GARAMENDI.

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Vol. 162 WASHINGTON, TUESDAY, JUNE 28, 2016 No. 104 Senate The Senate met at 10 a.m. and was The senior assistant legislative clerk need to do in the immediate term.’’ called to order by the President pro read as follows: That is the head of the CDC. tempore (Mr. HATCH). A bill (S. 3100) to ensure that State and They might like to pretend that the f local law enforcement may cooperate with Zika control measure walks back clean Federal officials to protect our communities water protections, but that is false too. PRAYER from violent criminals and suspected terror- It actually contains a temporary, tar- The Chaplain, Dr. Barry C. Black, of- ists who are illegally present in the United geted compromise to promote mos- fered the following prayer: States. quito control as long-term solutions Let us pray. Mr. MCCONNELL. Mr. President, in like a vaccine are being developed. Eternal God, the center of our joy, order to place the bill on the calendar They might want to dust off the ‘‘war we lift our eyes to You. In a world with under the provisions of rule XIV, I ob- on women’’ playbook, too, but this change and decay, You are changeless. ject to further proceedings. Zika control measure actually provides Your presence makes us glad, and Your The PRESIDING OFFICER. Objec- more resources for women’s health peace guards our hearts. tion is heard. services through community health Lord, today keep the eyes of our law- The bill will be placed on the cal- centers, public health departments, makers focused on You. May they look endar. and hospitals. to You in their going out and coming f It is really puzzling to hear Demo- in, in their rising up and lying down. crats claim to be advocates for wom- May they see You in their labor and ZIKA VIRUS AND VA–MILCON en’s health measures when they are the leisure and in their pleasure and sor- FUNDING BILL ones trying to block this Zika legisla- row. Guide them in life’s morning and Mr. MCCONNELL. Mr. President, we tion and its critical resources to pro- evening, for the kingdom, power, and all heard Democrats warn that we tect women’s health. The CDC has said: glory belong to You. Give them the ‘‘cannot delay any longer’’ on Zika ‘‘Zika virus infection during pregnancy wisdom to seize this day, working cre- control funding. We have heard them can cause a serious defect called atively to keep America strong. warn that ‘‘every day we wait is in- microcephaly, as well as other severe We pray in Your majestic Name. creasing the risk that we will have fetal brain defects.’’ Amen. problems with Zika.’’ We have even So today Democrats have a choice: f heard them warn that ‘‘the mosquitoes Continue pushing thinly veiled par- PLEDGE OF ALLEGIANCE are not going to be on recess.’’ But tisan arguments and block the Zika now, as we are about to vote on a bi- control funding or join with us to ad- The President pro tempore led the cameral compromise that reflects the vance a serious solution and send crit- Pledge of Allegiance, as follows: $1.1 billion funding level that Demo- ical funding to the President’s desk I pledge allegiance to the Flag of the crats already unanimously supported right now. United States of America, and to the Repub- here in the Senate, they are threat- Remember, this legislation is the last lic for which it stands, one nation under God, indivisible, with liberty and justice for all. ening to block the Zika control money. chance we have to get Zika control The Democratic leader yesterday funding to the President’s desk for f went so far as to say that his Members weeks. We should pass it to protect RECOGNITION OF THE MAJORITY ‘‘have no choice’’ but to oppose it. He those especially at risk—pregnant LEADER and our friends across the aisle can try women and babies. We should pass it to The PRESIDING OFFICER (Mr. COT- to come up with a line of excuses as to help prevent the spread of Zika and TON). The majority leader is recog- why they are blocking funding to ad- other mosquito-borne illnesses. We nized. dress the Zika crisis and blocking sup- should pass it to help keep Americans f port for our Nation’s veterans, but here safer from this public health concern in is what it all boils down to: This is par- the midst of mosquito season. MEASURE PLACED ON THE tisan politics. We know that blocking this bill CALENDAR—S. 3100 They might like to pretend this Zika would mean preventing critical anti- Mr. MCCONNELL. Mr. President, I control measure is ‘‘woefully inad- Zika funds from moving one step closer understand there is a bill at the desk equate,’’ but Senate Democrats are all to becoming law. But here is what else that is due a second reading. on the record supporting this level of it would mean: blocking critical fund- The PRESIDING OFFICER. The funding, and the CDC Director has tes- ing for our veterans, our servicemem- clerk will read the bill by title for the tified that this $1.1 billion funding bers, and their families. These men and second time. level is sufficient ‘‘to do the things we women voluntarily serve in our Armed

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

S4591

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I don’t know if a Confederate flag in a military ceme- bill will increase critical resources to they sat in a room and said: Let’s do tery. Under their legislation, you can help ensure veterans receive health everything we can just to hit every go ahead and do it. care and the health benefits they rely constituency group the American peo- This conference report is disgraceful. on. It will improve quality of life on ple like, and let’s just poke in their It is shameful to use a real-life public military bases for soldiers, sailors, air- eyes. That is what they did. health crisis to push the radical Repub- men, marines, and their families. It How about women’s health? How lican agenda. It is radical. I have told will support critical national security anti-women’s health can they make it? you what they are doing. There is a point of order against the projects such as missile defense. It is a I will tell you that we are dealing here with pregnant women and women who bill also. We could raise that. bipartisan measure that earned the Republicans were eager to inject pol- want some type of birth control. The support of both Democrats and Repub- itics in this legislation, even rescind- Republican conference report restricts licans when it passed the Senate. So ing $543 million from the Affordable funding for birth control provided by let’s work together today and pass it Care Act, making the bill rescindable. again. Planned Parenthood. My friend says For these and other reasons, we are they can go someplace else for it. In f going to vote against cloture. America today, there are huge seg- But it is not just Democrats saying RECOGNITION OF THE MINORITY ments of the American people where this bill is a disaster. No, don’t leave it LEADER this is the only place they can go for to us. The PRESIDING OFFICER. The help. Women need Planned Parenthood, I ask unanimous consent to have Democratic leader is recognized. and what do the Republicans do be- printed in the RECORD a letter from 40 cause of their fixation on doing every- public health care groups, including f thing they can to hurt Planned Parent- some of these radical organizations ZIKA VIRUS AND VA–MILCON hood? They do these phony television like the March of Dimes, the American FUNDING BILL interviews. They have fake cameras. Academy of Pediatrics, the American The courts have decided that what College of Obstetricians and Gyne- Mr. REID. Mr. President, I don’t they did is wrong. They have been cologists, Easterseals, the American know what planet my friend the Re- sued, but that is OK. Anything they Public Health Association, and 35 publican leader is living on. This con- can do to whack Planned Parenthood, more. ference report is the most irresponsible they are going to do it, and they tried There being no objection, the mate- legislation I have ever seen in my 34 it here. rial was ordered to be printed in the years in Congress. That says a lot. I How about ObamaCare? They have RECORD, as follows: can’t think of anything that is close. tried to revoke it almost 70 times, and JUNE 28, 2016. This Zika threat is real. It is serious. it didn’t work. So what do they do? Hon. MITCH MCCONNELL, Every day more and more Americans They just rescind $543 million dollars Majority Leader, U.S. Senate, are being infected. According to the and stick it in the conference report. I Washington, DC. Centers for Disease Control and Pre- guess that was just to get the Presi- Hon. PAUL D. RYAN, vention, right now 2,900 Americans Speaker, House of Representatives, dent’s attention. Of course he is going Washington, DC. have already contracted Zika. There to veto this, but they wanted to make were 700 just last week alone who were Hon. HARRY REID, sure he was going to have something Minority Leader, U.S. Senate, added to that list. It was 2,200, and now really substantive in order to do it. Washington, DC. it is 2,900, and 481 women have been How about the environment? Remem- Hon. NANCY PELOSI, tested positive for the virus in the ber that what we are trying to—in ad- Minority Leader, House of Representatives, United States. Eight pregnancies in the dition to all of the things we have Washington, DC. United States have resulted in severe talked about—is that we want to make DEAR SPEAKER RYAN, MINORITY LEADER PELOSI, MAJORITY LEADER MCCONNELL, AND birth defects because of Zika, and when sure there is a way of getting rid of we talk about severe birth defects, we MINORITY LEADER REID: The undersigned or- these pests—these mosquitoes. How do ganizations committed to the health and mean it. They have little shrunken they do that? The only way we have wellbeing of our nation’s children and fami- heads and their skulls are caved in. found that is really effective is with lies would like to express our dismay at Con- Mosquitoes have caused problems for- spraying to kill these little varmints, gress’ failure to produce bipartisan legisla- ever, but never like this. these insects. Well, what do the Repub- tion to provide federal agencies, states and localities with the funds necessary to com- In spite of all the evidence of Zika’s licans do? They exempt pesticide harm to the American people, Repub- bat Zika virus. spraying from the Clean Water Act. Let us be clear: Zika is a public health licans are pushing the conference re- Why? Just because they don’t like the emergency. It is increasingly likely that port as nothing more than the goodie EPA. They don’t like the Clean Water pregnant women in the U.S. will be infected bag for the fringes of the Republican Act. It has been around for 60 years, with Zika this summer and give birth to in- Party. In April, very recently, the Re- and they still don’t like it. fants with devastating, preventable birth de- publican leader told reporters: fects next year. How about this? We know the Demo- The conference committee should recon- We are all very much aware that this is a crats have a big constituency with vet- vene immediately to craft a new bill that: serious crisis. . . . We’ll be working with the erans. Why not whack them? OK. Let’s Provides appropriate funding levels for all administration, with the Democrats. do that. What we will do is take $500 aspects of Zika response, including contra- That simply hasn’t proven to be true. million out of veterans health. That ception for women who wish to avoid preg- On the conference committee the should get the Democrats’ attention. nancy, and to prevent the sexual trans- mission of Zika; Democrats were locked out of negotia- They couldn’t stop themselves from Does not draw funds from other important tions. Then they jammed through this coming up with every idea. I guess they public health priorities, including Ebola ef- bill. When I say in the middle of the were waiting around while the chaos forts; night, it was in the middle of the night. was happening on the House floor, say- Does not place unreasonable restrictions It was during the time they had the ing: Can we think of anything else that on Zika funding, which would hinder the sit-in on the House floor. Chaos was would just be really good to do? ability of agencies to respond to the virus given that its course is unpredictable; there. There was no debate, no discus- I have it. Why don’t we rescind the Lays a foundation with FY2016 funding sion. It was just ruled there by the Pre- order that is in effect saying you can’t that can be built upon responsibly in subse- siding Officer. It shortchanged the fly the Confederate flag on military quent fiscal years, since Zika will be a long- President’s request by $800 million. It cemeteries? term challenge; and

VerDate Sep 11 2014 05:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.001 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4593 Is capable of garnering bipartisan support. funding levels for all aspects of Zika sume consideration of the conference The fact that it is already almost July and response, including contraception for report to accompany H.R. 2577, which Congress has failed to act would seem to re- women who wish to avoid pregnancy, the clerk will report. flect an appalling indifference to the lives of infants and their families. Our nation is per- and to prevent the sexual transmission The senior assistant legislative clerk ilously close to the point where it will be im- of Zika.’’ read as follows: possible to distribute funding to states and They want a bill that ‘‘does not draw Conference report to accompany H.R. 2577, localities in order to make a meaningful dif- funds from other important public a bill making appropriations for the Depart- ference this year. Many at-risk jurisdictions health priorities, including Ebola ef- ments of Transportation, and Housing and have been forced to lay off trained staff due forts.’’ Urban Development, and related agencies for to cuts and the lack of new resources, even They want a bill that ‘‘does not place the fiscal year ending September 30, 2016, and as they are being asked to battle this new for other purposes. threat. Additional resources are needed im- unreasonable restrictions on Zika fund- ing, which would hinder the ability of The PRESIDING OFFICER. Under mediately to protect pregnant women and the previous order, the time until the their infants from Zika and life-altering agencies to respond to the virus given birth defects. that its course is unpredictable.’’ vote on the motion to invoke cloture CDC Director Tom Frieden has stated that They want a bill that ‘‘lays a founda- on the conference report will be equal- the estimated cost of care for a baby with tion with FY2016 funding that can be ly divided between the two leaders or the severe microcephaly caused by the Zika built upon responsibly in subsequent their designees. virus could be up to $10 million per child. If The Senator from New York. 100 babies are born with this severe form of fiscal years, since Zika will be a long- term challenge; and is capable of gar- Mr. SCHUMER. Mr. President, I rise microcephaly caused by Zika, their care will because I want to share a few words on cost the U.S. economy approximately $1 bil- nering bipartisan support.’’ lion—roughly the cost of the bipartisan The letter continues: ‘‘The fact that the Zika component of the conference package passed by the Senate. If the inaction it is already almost July and Congress report on the MILCON–VA appropria- in Congress persists, the U.S. and its terri- has failed to act would seem to reflect tions bill, which will be on the floor tories could easily see dozens or even hun- an appalling indifference to the lives of shortly. dreds of infants born with preventable infants and their families.’’ Unfortunately, but maybe not sur- microcephaly, an outcome that would be not These are not Democrats saying this, prisingly, my friends on the other side only a human tragedy but a significant eco- of the aisle very well bowed down to nomic burden. these are these public health organiza- Once again, we urge you in the strongest tions. They are aghast at what Repub- their friends on the hard right and rid- possible terms to reconvene the conference licans are doing. dled this bill on Zika with poison pill committee to produce a responsible Zika Instead of accepting their bill is a provisions. If there was ever a bill de- funding bill that can pass Congress as quick- failure that is going nowhere, Repub- signed to fail, it is what the Repub- ly as possible. If this does not take place, licans are making these threats. Yes- licans have put together on Zika today. Congress will bear the full responsibility for terday the assistant Republican leader This bill is not only going to fail, it Zika-related birth defects across the nation came to the floor and said Republicans was designed to fail from the very be- in the coming years. ginning. Sincerely, are going to abandon Zika funding ne- African American Health Alliance, gotiations after this vote. The Repub- Democrats have pushed for over 4 AFSCME, American Academy of Pedi- lican Senate is on pace to work the months for legislation on Zika, ever atrics, American Association of Col- fewest days the Senate has worked in since the CDC and the administration leges of Pharmacy, American College more than 60 years. Sixty years ago, requested $1.9 billion in emergency of Nurse-Midwives, American College the country was much smaller. There funding to deal with the threat. We of Preventive Medicine, American Con- was a lot less people and a lot less busi- tried to work with our friends on the gress of Obstetricians and Gyne- ness, but even with that, we are work- other side of the aisle, but after we cologists, American Public Health As- compromised at $1.1 billion, after we sociation, American Society for Clin- ing less than they did 60 years ago. In ical Pathology, Association of Mater- 2 weeks, the Senate plans to leave reached a supposed agreement, and nal and Child Health Programs, Asso- Washington for 7 weeks, which is the passed it in this body with 89 votes— ciation of Public Health Laboratories, longest summer recess since we can re- the overwhelming majority from both Association of State and Territorial member. Is it too much to ask Repub- parties—Republicans turned around, Health Officials. licans to work until we have done our without any consultation with Demo- Association of Women’s Health, Obstet- job in giving States and territories the crats in the House and Senate, and ric and Neonatal Nurses, Big Cities Co- resources they need to fight Zika and rammed through a wish list of poison alition, Children’s Environmental pill riders that defeat the very purpose Health Network, Coalition for Health protect women? Public health organi- Funding, Easter Seals, Every Child By zations don’t think so and we don’t ei- of the effort. Rather than working with Two, Genetic Alliance, Healthcare ther. Republicans need to get serious Democrats to produce something both Ready, HIV Medicine Association, In- about sending President Obama the full parties can support, Republicans aban- fectious Diseases Society of America, $1.9 billion that doctors, researchers, doned compromise in favor of an ex- March of Dimes, National Association nurses, and public health experts say is treme rightwing bill. of Community Health Centers, Na- needed to fight Zika. Every moment These changes reflected in the con- tional Association of County and City Republicans delay, there are other ference report have poisoned the bill. It Health Officials. now cuts Ebola funding by $107 million. National Association of Pediatric Nurse cases of Zika in innocent women, Practitioners, National Birth Defects which affects their children more than It cuts funding for the Affordable Care Prevention Network, National Coali- one can imagine. Act by $543 million. It sets a precedent tion of STD Directors, National Envi- Mr. President, will the Chair please that emergencies have to be funded ronmental Health Association, Na- announce the business of the day. when, in the past, they have not been. tional Hispanic Medical Association, Worst of all, it restricts funding for f National Network of Public Health In- family planning services provided by stitutes, National Organization for RESERVATION OF LEADER TIME health centers and providers like Rare Disorders, Public Health Insti- The PRESIDING OFFICER. Under Planned Parenthood. tute, Racial and Ethnic Health Dispari- We know Zika can be sexually trans- ties Coalition, RESOLVE: The Na- the previous order, the leadership time tional Infertility Association, Society is reserved. mitted. We know it poses the biggest for Healthcare Epidemiology of Amer- f danger to pregnant women and their ica, Society for Maternal-Fetal Medi- unborn children, many of whom rely on cine, Trisomy 18 Foundation, Trust for TRANSPORTATION, HOUSING AND health centers and Planned Parenthood America’s Health. URBAN DEVELOPMENT, AND RE- as their primary health care provider, Mr. REID. These organizations are LATED AGENCIES APPROPRIA- but Republicans cannot miss a chance blasting this Republican conference re- TIONS ACT, 2016—CONFERENCE to whack Planned Parenthood, even if port because they want real legislation REPORT their services are exactly what can to fund Zika. They call on Congress to The PRESIDING OFFICER. Under help prevent the spread of this debili- pass a bill that ‘‘provides appropriate the previous order, the Senate will re- tating virus.

VerDate Sep 11 2014 05:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.002 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4594 CONGRESSIONAL RECORD — SENATE June 28, 2016 I listened to my friend, the majority nancies have already been deemed to The Republican conference report is leader. Two words never passed his lips have birth defects as a result of Zika. flawed for many reasons, including as he talked about the bill—Planned Americans in Puerto Rico are espe- that it provides $1.1 billion, which is Parenthood. Why? Because he knows cially impacted with 1,800 locally ac- $800 million less than what the Presi- saying don’t fund Planned Parenthood quired cases. It is a tragedy, and we dent requested to fight Zika. is a poison pill if there ever was one. should be doing something in a bipar- The Republican conference report He knows it was a poison pill last year tisan way—Democrats and Republicans also doesn’t treat Zika like the emer- when we were negotiating a short-term together—working to solve an emer- gency it is. The World Health Organiza- budget agreement and there would be gency. But, no, we get a bill riddled tion declared the Zika virus a public no budget if it was in there. with poison pills done by one party, de- health emergency on February 1. And Our Republican leaders are engaged signed to fail in obeisance to the right- Zika meets the Budget Act criteria for in a cynical game. They have to have wing, which doesn’t want to spend any emergency spending: It is urgent, un- assure the hard right they are not money. foreseen, and temporary. Yet Repub- funding anything, even something as Our public health and safety is at licans insisted that we cut $750 million important as Zika, but they know the risk. I hope my Republican colleagues to pay for the response to Zika, includ- American people demand funding, and will stop this partisan gambit and ing $543 million from the Affordable so they put in these poison pills. It is a come around to work with us on the Care Act, $100 million from the Depart- cynical game and it shall not stand. issue in a serious bipartisan way. We ment of Health and Human Services, My prediction is Republicans will are willing to compromise, as the great HHS, nonrecurring expense fund, and come back after this amendment, as leadership of the Senator from Wash- $107 million from Ebola response funds. they know this proposal will be de- ington showed when she came to com- When wildfires hit the West, Con- feated—they knew it—and they will promise with the Senator from Ten- gress provided emergency funding. come back within a few weeks with nessee on a proposal that didn’t do ev- When flooding hit South Carolina and their tail between their legs saying: erything we wanted, but we voted for Texas last year, Congress provided Let’s pass something. We know we it. I hope that can happen again. If emergency funding. Now, we have an have to do something on Zika. saner heads are going to prevail, it has infectious disease outbreak that we Why they don’t avoid that embar- to be in this body. I hope Leader know causes serious birth defects, and rassment is beyond me. To say that MCCONNELL would rethink the strategy Republicans insist our response be paid this Zika legislation is a day late and of going along with the cynical House for. a dollar short would be a drastic under- bill so we can negotiate something that The conference report waives Clean statement. It is 4 months late, $800 bil- will do good for America. Water Act requirements for the spray- lion short, and now, to boot, it can- I yield the floor. ing of pesticides to control mosquitos. nibalizes health care funding from Ms. MIKULSKI. Mr. President, I am The need for this provision is a mys- other important priorities. furious and fed up at Congress’s inabil- tery to me, since the Clean Water Act Then, after all of this, the distin- ity to act in a bipartisan way to pro- already allows pesticides to be sprayed guished majority leader came to the tect us from the Zika virus. The U.S. is in pest emergencies. floor yesterday to accuse Democrats of facing a public health emergency. Under this bill, families can get birth playing politics with the bill because Americans are desperate for Congress control services from public health de- we were concerned with these changes. to respond. Instead, the House of Rep- partments and hospitals, but not indi- What a cynical and hypocritical thing resentatives passed a Military Con- vidual doctors or primary care clinics. to do. All Democrats have ever asked struction and Veterans Affairs and This is important. The bill would make for on Zika was to give the CDC and Zika conference report at 3 a.m. with it more difficult for women to access the other agencies the funding they no debate and no Democratic input. birth control from their own doctors. said they needed to do the job of pro- The bill passed by House Republicans I know the issue of birth control is tecting the American people, pregnant doesn’t recognize Zika as a public difficult for some, but we know that mothers, and their babies from this health emergency. It nickels and dimes Zika has terrible consequences for dangerous virus. our efforts to respond. It makes it women and babies. The details about It wasn’t Democrats who said: Let’s more difficult for women to access what Zika does to the brains of unborn give CDC only about half the money birth control. And it waives safety children are truly horrific. In fact, evi- they said they need. No, Republicans rules for the use of pesticides. Now the dence between Zika and birth defects is did that. It wasn’t Democrats who tried House has left town and expects the so conclusive that some countries are to jam through poison pill amendments Senate to pass this terrible bill. advising women to avoid pregnancy al- to the bill in the dead of night with no The facts are clear: Zika is here. It together. debate. No, Republicans did that. It disproportionately affects women and So the fact that this bill would make wasn’t Democrats who dithered for babies. It causes horrible birth defects. it more difficult for women to avoid months on end until mosquito season And there is no treatment or vaccine. pregnancy is truly astonishing to me. was already upon us to bring a bill for- If there was ever a time that Congress Republicans don’t want to treat Zika ward. No, Republicans did that. And it should act in a bipartisan way to as an emergency, and they don’t want wasn’t Democrats who loaded up the counter a significant threat, it is now. to expand access to birth control. It bill with partisan plums, saying that We are now considering cloture on begs the question: Will they be willing unless the other side passes this bill, the conference report on Military Con- to pay the costs associated with every they are playing politics. Oh, no, it was struction and Veterans Affairs and child born in this country with Zika- Republicans who did that. Zika appropriations. We began the con- related birth defects? Dr. Frieden, di- Moreover, these tactics mean one ference with an open meeting between rector of the Centers for Disease Con- thing: Our Republican colleagues and Democrats and Republicans, the House trol and Prevention, estimated that particularly the Republican leadership, and the Senate. But when we got down cost to be $10 million per child. in both the House and Senate, are not to the last, hardest issues, Republicans Lastly, the conference report is $500 taking the Zika threat seriously. It is decided among themselves and then million short of the Senate-approved no way to handle an urgent public told Democrats, ‘‘take it or leave it.’’ funding level for the Department of health crisis. That means no Democratic conferees Veterans Affairs, VA. It cuts $250 mil- We will shortly hear from my friend signed the conference report, House or lion for needed maintenance for VA from Florida who can document what Senate. We can’t sign it if it means hospitals and clinics, more than half of is happening in his State and what will leaving behind veterans, women’s which are 50 years or older. That happen in many other States as the health, birth defects prevention, and means more leaking roofs and moldy warmer summer season moves on. clean water. I urge the Senate to reject conditions that make veterans sicker, There are 2,600 Americans who have cloture on this conference report and not better. been diagnosed with the virus, includ- send conferees back to the drawing In the 4 months since the President ing over 400 pregnant women. Six preg- board. requested Zika emergency funds, more

VerDate Sep 11 2014 00:22 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.005 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4595 people have been infected, and more strong attitude of: We are going to be mediately for the three counties. We babies have been born with birth de- OK. We are going to find a way. He had are hoping to get other counties, such fects. Today there are more than 2,600 lost his car, his four-wheeler. All of his as Webster County, Roane County, people in the U.S. and its territories in- belongings are gone. He has nothing. Clay County, Pocahontas County, and fected with Zika, including nearly 500 Now he has a place to sleep in a high Fayette County included in these dec- pregnant women. school gym. larations. Fifty-five homes in Webster The number of those infected is grow- You know what. He has the American Springs were totally wiped out. It has a ing, and the costs associated with in- Red Cross right there, with 400 volun- population of 750. We all know and love fection are growing. We can’t nickel teers from across the country so he has the beautiful West Virginia mountains, and dime our way out of this emer- a warm place to sleep or a cool place to but when the valleys fill, they fill rap- gency. We know what the threat is, and sleep away from the hot Sun, meals, idly and disastrously. we know how to respond to it. So, the availability of cleaning supplies, FEMA is on the ground. They have please, whatever differences we have on and a very generous community that opened up their disaster recovery cen- other bills, let’s come together to has come together to try to help him. ters in White Sulfur Springs, reach agreement on a better conference That is West Virginia strong, and that Greenbrier, and other places. They will report. is what fortifies me today. be all over the place. The PRESIDING OFFICER. The Sen- When I think of the stories of brav- I will tell people that what I have ator from West Virginia. ery and rescue, when you look at the 23 learned from this is that you have to FLOODING IN WEST VIRGINIA West Virginians who lost their lives so get registered for individual assistance Mrs. CAPITO. Mr. President, wow, I suddenly—a little 4-year-old boy, Ed- immediately. Call the phone number, come to the floor of the Senate to talk ward McMillion from Ravenswood, WV, go to the Web site, or go to the disaster about a real emergency that just oc- was swept away in the rushing water. recovery center because that starts the curred in my State of West Virginia. I We just have story after story of people process, and help is there. The Small know many of you across the country who didn’t know what was going to Business Administration is there, as have witnessed and seen the terrible happen to them, who didn’t know how well, to try and help. destruction from the sudden flash flood to get out, who found a way to brave The various health departments are that ravaged West Virginia on Thurs- through this awful thing. providing tetanus shots free of charge day in the late afternoon and evening. Then there were the stories of the because, as we know, sitting water and I come with such a heavy heart. communities coming together. When 90-degree temperatures are scenarios When I hear the debate going on we were traveling through Kanawha for disease. again about who is more cynical and County, I ran into some people from What I was astounded by was the who has poison pills, all I can think Parkersburg and some people from mud. We know that you can get water about is the little boy I saw at the Vol- Martinsburg, which probably doesn’t in your home and business, but the unteer Fire Department in Clendenin mean much to the folks in the Gallery mud is just so destructively horrifying on Friday. His dad is a fire chief, and or to the Presiding Officer because to look at and so difficult to clean. he had been going to the fire depart- they don’t know where that is, but it is West Virginians need help for all ment all the time since the time he 5 hours away. They just packed up types of different things. People from was born. He is about 10 years old. We their trucks, put water and food in all around the Nation have been offer- were standing in 6 inches of mud, with them, and came to the aid of their fel- ing to help. We have been inundated destruction everywhere in his town. I low West Virginians. A lot of faith with people wanting to help. People introduced myself to him, and I said: I communities, a lot of churches, the want to come and lift up another am SHELLEY. I am your Senator. How Mountain Mission, all kinds of volun- American and lift up another family. I are you doing? He just melted into teers have come to help to be West Vir- say thank you for that, but this is tears because he was so distraught at ginia strong, to be West Virginians going to be a long-term project. When what he saw, a place he loved, the fire helping West Virginians. you have the kind of destruction we station just ripped apart. People he The private sector has really stepped suffered, it goes on for a long time. knows were kicked out of their homes, up. AT&T, Sprint, Frontier—our tele- During the first week you get a lot of trying to figure out how to rebuild. communications people have really help, but the weeks after that, when To me, that is a real emergency. gone the extra mile to make sure that people are trying to rebuild and trying That is a real something we in the Sen- people have service and are able to to get temporary transitional hous- ate and those in the State and those charge their phones. When they had to ing—these are the kind of things that local responders are responding to now. leave their homes, they might have had families need. I think about our State, I think about their phone in their pocket, but they Just to give a little perspective on all the nicknames of the State of West sure didn’t have their phone charger. the situation, the National Weather Virginia. The one I think I like the While that might sound like a little Service said that the rainfall was his- most is ‘‘Almost Heaven.’’ Well, ‘‘Al- thing, it is a big thing. That is your toric. There was 10 to 12 inches of rain- most Heaven’’ wasn’t almost Heaven lifeline to your family—to calling for fall in 8 hours. It was a 1,000-year event last Thursday. ‘‘Wild and Wonderful.’’ help and for resources. in terms of the rising waters. I live a It was wild, all right but not so won- Walmart, Proctor & Gamble, CSX, half mile from the Elk River, which derful. and Dow Chemical—I am leaving peo- crested at 33.37 feet on Friday morning. I think the one that really has come ple out—also helped out. Anheuser- The water rose more than 27 feet be- to epitomize our West Virginians, our Busch brought a bunch of water in to tween Thursday afternoon and Friday people, is ‘‘West Virginia Strong’’. I help. I have more stories of companies morning and hit its highest crest in 125 saw the National Guard, the West Vir- that have given their corporate sup- years. This was a record-breaking ginia Department of Transportation, plies to help West Virginia get back on event and very tragic for many of us. public elected officials, emergency its feet. I am basically here to say I wish to thank FEMA for all of the services personnel, and EMTs who were thank you. representation they brought forward. I up all night doing very dangerous boat Some of the communities, such as thank all of the faith community, rescues to get people from the roofs of Clendenin, White Sulfur Springs, which has been phenomenal. I also their homes and the roofs of their cars. Rupert, and Rainelle—I actually thank the nonprofits, the United Way, It came so fast. thought Rainelle’s name is Rainelle, and the Red Cross. I have such admira- I visited the shelter at Capital High and, boy, did they get rained on. They tion and gratitude in my heart for School yesterday. A man told me he, are probably regretting the name. They what I saw firsthand and will see as the the woman he lives with, and their dog lost a lot of people in Rainelle. That days move on. just ran out with nothing. It started at small community has been crushed. I will close the way I started. West his ankles, and 5 minutes later it was FEMA has been phenomenal. The Virginia people are just phenomenal. at his waist. That is how fast it was. declaration from the President, for They are able to pick themselves up Yet he still had that West Virginia which we are very grateful, came im- and still have a glimmer of hope in

VerDate Sep 11 2014 00:22 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.047 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4596 CONGRESSIONAL RECORD — SENATE June 28, 2016 their eyes. Knowing that they will be thing Republicans should be doing is have a debate—passed a bill to deal OK and will be able to rebuild after playing politics with women’s health with this virus, and as you have heard having lost everything is just phe- and making it harder for them to get from many, it is not serious. Instead, it nomenal. care when and where they need it. It is is another attempt to use an emer- I was in a meeting yesterday, and the truly frustrating, especially since just gency must-pass bill to try to further guy leading the charge from the United weeks ago, Senate Democrats and Re- extremist political agendas. It cuts Way said: Everybody close your eyes publicans agreed on a bipartisan down- money for Puerto Rico at a time that and think about the last time you lost payment on the President’s proposal, Puerto Rico can hardly stand on its everything. I don’t think a person in and that bipartisan legislation could own financially, and it cuts money for that room had ever lost everything. have already passed the House and Sen- family planning. I thank you for all the thoughts and ate, could have been signed into law by The CDC has confirmed that Zika can prayers that you kept in your heart for the President, and started helping be sexually transmitted. What did I us. We feel them, we need them, and we women and families in need by now. say? They cut money for family plan- appreciate them. It is a long road to re- Today, ahead of the Senate’s vote on ning, and there are over 480 pregnant covery, but we are on our way. With this partisan political proposal that women in the United States who are your help and God’s help, we will get came out of the House in the middle of presently being monitored for signs of there. the night last week, we have a clear the infection. As we look for ways to I yield the floor. message for Republicans: Enough is prevent the spread of this sexually The PRESIDING OFFICER. The Sen- enough—enough with the partisanship, transmitted disease, the fact that this ator from Washington. enough with the poison pills, and bill limits access to contraceptives Mrs. MURRAY. Mr. President, I want enough with using women’s health to that could help curb the spread of the to start by saying how disappointed I pander to the tea party. We have a nar- virus is exactly the reverse of what was by the comments I heard from Re- row window to get an effective re- makes sense. publican leaders last night on Zika. It sponse to this virus under way, and Why can’t we grow up and get to the seems that after months and months of every infection that we prevent now is point that we don’t have to play par- their delaying, after they rejected our a potential tragedy averted for a fam- tisan politics? This is a real threat, and bipartisan plan, kicked Democrats out ily in the communities we serve. it is a serious threat. The CDC has con- of the negotiating room, and passed a Democrats are ready to work to- firmed that Zika does, in fact, cause partisan bill in the middle of the night, gether, just as we have been for birth defects. There have been four ba- Republicans are now scrambling to months. I urge Republicans to come bies born with microcephalus in the blame anyone but themselves for their back to the negotiating table and work country, and two of them died shortly own inaction on Zika. It is absurd, it is with us on a real response to a truly se- after birth. We have seen the pictures, irresponsible, and people across the rious public health threat. Women and and we know how horrific and how country are not going to buy it. families are expecting us to act and tragic it is for the families involved. So Republicans control Congress. They have already waited long enough. we need to stop playing these political blocked action for months and months. I thank the Presiding Officer, and I games. It is time to treat this as a real They fought us at every step, and now yield the floor. emergency, and it is time to pass the that they finally realized that the The PRESIDING OFFICER. The Sen- appropriations bill without all of this American people aren’t going to stand ator from Florida. political agenda added to it. for inaction, they are desperately Mr. NELSON. Mr. President, it was Mr. President, I yield the floor. searching for excuses instead of hon- my understanding that the Senator The PRESIDING OFFICER. The Sen- estly looking for solutions. But women from Hawaii was to speak next. ator from South Dakota. and families aren’t looking for Repub- I ask through the Chair if the Sen- Mr. THUNE. Mr. President, in a few licans to point fingers; they are look- ator from South Dakota will let me go short moments Senate Democrats will ing for a serious response to Zika. on and make a comment. have a decision to make. Will they side We all know very well that Demo- Mr. THUNE. And I will follow, cor- with American families and expectant crats and Republicans don’t always see rect? mothers dealing with the Zika virus or eye to eye, but one thing we should be The PRESIDING OFFICER. Is there will they side with their far left polit- able to agree on is that when there is a objection? ical allies? According to media reports, serious, national, and global public Without objection, it is so ordered. unfortunately, that outcome is increas- health threat, we should put our dif- Mr. NELSON. Mr. President, we have ingly clear. Senate Democrats will ferences aside and work together to just a short time before the vote. The once again side with their political al- protect women, families, and commu- President made a request for emer- lies rather than working with Repub- nities. Unfortunately, when it comes to gency funding in the amount of $1.9 bil- licans on a solution to keep women the Zika virus, Republicans are now lion 4 months ago. This is a time when safe from the Zika virus. doing the exact opposite. the Nation has an emergency. It Mr. President, Democrats have ap- It has been 4 months since President doesn’t matter if it is an earthquake, a parently decided to engage in their fa- Obama first put forward a strong emer- flood, a wildfire, a hurricane, or a vol- vorite game of late—refusing to take gency funding proposal. Even though cano, we have always stepped forward. yes for an answer. It happened last we are in the midst of mosquito season, If you don’t believe this Zika crisis is week with terrorism. Democrats urged the House Republicans chose last week an emergency, well, just wait. The tale us to pass legislation to keep guns out to double down on a partisan, pan- tell signs are coming. of the hands of terrorists, but when dering bill when it comes to this fright- We already have 50 confirmed cases Senator CORNYN offered an amendment ening virus. Instead of working with of Zika in the United States. There are to do just that, Democrats opposed it Democrats on a serious response to 2,600 Americans who are infected with almost unanimously. This week it is Zika, they voted to end the conference, the virus, and that includes 500 preg- Zika funding. pass an extremely partisan report in nant women. Obviously, the southern Six weeks ago, Democrats and Re- the middle of the night, and leave States, such as my State of Florida, publicans from the relevant commit- town. are affected much more than other tees in the Senate got together and There is a lot to be concerned about States. Just yesterday there were three agreed on a bill to provide $1.1 billion in this legislation, but, critically, this new cases of the virus reported in Flor- to fight Zika. That bill then came to proposal would impose politically mo- ida, which brings the State’s total to the floor, and every Democrat voted for tivated restrictions that limit women’s 223, including 40 pregnant women. it on the floor of the Senate—every sin- access to contraception and health care These numbers are only going to in- gle Democrat. with providers they rely on. It should crease. Last week, House and Senate nego- go without saying, but in the midst of Four months after the request for tiators reconciled the House and Sen- a public health emergency that im- emergency funding, the House—in the ate bills and agreed on Zika funding in pacts women and families, the last dark of night, with no opportunity to the amount of $1.1 billion—in other

VerDate Sep 11 2014 00:22 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.007 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4597 words, the exact same amount that I listened to my colleague just now, to. It is not. It is a profoundly different Senate Democrats unanimously sup- and, yes, the amount in the bill is the bill that continues the Republican at- ported 6 weeks ago. But now Demo- same. But this is not the same bill. tacks against women’s reproductive crats don’t want to support it. Their This bill contains poison pills that will rights. reason is that the small grant program pay for the funding for Zika on the Mr. President, I yield the floor. in this bill, most of which is intended backs of the people of Puerto Rico and Mr. NELSON. Mr. President, do I un- for Puerto Rico, will not provide for funding for Planned Parenthood. So derstand that we are in the parliamen- more Federal funding for Planned Par- today, in spite of yesterday’s celebra- tary procedure where the vote has al- enthood. tion of the Supreme Court’s decision, it ready been called for at 11 o’clock? This bill provides expanded funding is clear we are reminded once again the The PRESIDING OFFICER. That is for community health centers, public fight to protect a woman’s reproduc- correct. health departments, and hospitals. It tive rights is not over. Mr. NELSON. Mr. President, may I actually funds more avenues for access I was dismayed last week when House be recognized for 2 minutes? to women’s health care than what the Republicans chose to play politics with The PRESIDING OFFICER. The Sen- President requested. The bill funds re- a national public health emergency to ator has no time. That will take con- search into a Zika vaccine. It funds re- continue their crusade against Planned sent. search into Zika treatments. It stream- Parenthood. The package we will be Mr. NELSON. Say again. lines mosquito control efforts, since voting on this morning is profoundly The PRESIDING OFFICER. That will the best way to protect men, women, irresponsible. Senators from both par- take consent of the Senate. There is no and babies from contracting the Zika ties worked hard to forge a compromise time remaining for the minority. virus is to make sure they do not get Zika funding measure that would have Mr. NELSON. Well, I ask unanimous bitten by a mosquito in the first place. provided the tools we need to prevent consent to speak for 2 minutes, until The head of the Centers for Disease an outbreak. Instead, we will shortly the vote at 11 clock, in order to bring Control and Prevention—the lead gov- be voting on an underfunded measure the Senate up to date on what has hap- ernment agency for fighting diseases— riddled with poison pills. pened to the community of Orlando. has said that the Republican bill will This package is not equal to the cri- The PRESIDING OFFICER. Is there take care of immediate Zika funding sis before us. It fails to recognize the objection? needs. Yet Democrats are holding up real threat facing American women Mr. COCHRAN. Reserving the right this bill because it will not fund a from Zika this summer. Zika is not to object, we are trying to set up a con- handful of Planned Parenthood clinics just a mosquito-borne disease. It can versation about the conference report, in Puerto Rico. also be sexually transmitted. That is and I wonder, would it be inconvenient Seriously, Mr. President? Seriously? why attacking Planned Parenthood in for the Senator to defer? That is what this is about? Democrats this bill is so foolish. Limiting access Mr. NELSON. I can certainly—I like to position themselves as having to family planning services now would didn’t see anybody on the floor, and the moral high ground. Again and put millions more women at risk of that is why—— again Democrats suggested that they contracting Zika and giving birth to a Mr. COCHRAN. We were just passing were fiercely committed to fighting child with microcephaly. through, checking to see what the Zika while Republicans were dragging The United States is fortunate not to order was, and I understand there is a their feet on a public health crisis. have a widespread outbreak of Zika standing order. Well, here is what I see today. I see So we are going to wind up, we hope, Republicans ready to pass a Zika bill yet, but in Hawaii we are already feel- with just a few minutes of conversation and send it to the President this ing the impact of this virus. So far about the conference report. minute, right now. And I see Demo- there have been 10 confirmed cases of Mr. NELSON. Mr. President, I can crats who are more interested in paci- Zika in Hawaii, and one child has been speak later in the day. fying a Democrat special interest born with microcephaly. To meet this challenge, I have con- Mr. COCHRAN. I thank the Senator. group than they are in actually doing The PRESIDING OFFICER. The Sen- anything about Zika. Purely and sim- vened key leaders on Zika in Hawaii, including Governor David Ige, Hawaii ator from Mississippi. ply, that is what this is—a Democratic Mr. COCHRAN. Mr. President, we special interest group that snapped its director of health Dr. Virginia Press- have come to a point where it is timely fingers, and the Democrats have all ler, health care providers, and Dr. El- that we urge the Senate to approve the come running. liott Parks, who is developing a Zika Forget all that urgency about get- vaccine on Oahu. They all shared one Military Construction and Veterans Af- ting Zika funding passed. Forget the message: Federal funding right now is fairs conference report. scientists who are waiting for vaccine critical to get ahead of a widespread This conference agreement increases funding. And forget about mosquito Zika outbreak. Dr. Parks has been funding for veterans programs by near- control efforts. Apparently, none of using private funding to develop his ly 9 percent, including a 4.1-percent in- that matters anymore. Republicans are vaccine, which could turn around our crease in discretionary funding for the ready to pass Zika funding, the same fight against Zika, and an infusion of Department of Veterans Affairs. The amount—I will repeat: the same Federal funds now could push him agreement provides funding for vet- amount—of funding Democrats already across the finish line. erans health care, benefit claims proc- voted for unanimously in the Senate. This summer is a critical moment in essing, and medical research. The We are ready to pass it right now, this the fight against the Zika virus. In Ha- agreement funds housing for military minute, and send it to the President. waii, we already saw the devastating personnel and their families and en- We are just waiting for Democrats to impact of a vector-borne disease when hances the capabilities of U.S. military agree. we confronted a major outbreak of forces. Mr. President, I hope they will not Dengue. We need the same national The conference agreement also in- keep the American people waiting. commitment and investment to fight cludes $1.1 billion in emergency supple- I yield the floor. Zika that we provided to fight Ebola. mental funding to fight the Zika virus. The PRESIDING OFFICER. The Sen- Months have already passed since the This is the same amount previously ap- ator from Hawaii. President sent down his emergency proved by the Senate. These funds will Ms. HIRONO. Mr. President, yester- funding request for Zika. We must act be used for mosquito control, vaccine day I joined millions of Americans in now by passing a clean supplemental development, and health services. The celebrating the Supreme Court’s deci- spending bill, with no harmful riders to conference agreement also enhances sion that reaffirms a woman’s right to women. mosquito control efforts by elimi- access reproductive health care. This Zika is a public health crisis in the nating duplicative permitting require- was the most important Supreme making, and I completely disagree ments for approved pesticides. This Court decision in decades to protect a with my colleagues who continue to provision is specific to combating the woman’s access to reproductive health say that we should support this bill be- Zika virus, and it expires after 180 care. cause it is what we have already agreed days.

VerDate Sep 11 2014 05:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.010 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4598 CONGRESSIONAL RECORD — SENATE June 28, 2016 The conference agreement carries re- NAYS—48 ing public health crisis and in the same scissions of previously appropriated Baldwin Heitkamp Murray vote managed to vote against veterans funds that are not needed for their Bennet Hirono Nelson as well. I would say to my colleagues Blumenthal Kaine Peters original purpose. The fact that rescis- Booker King Reed on the other side, that is where we will sions are included is not novel or Boxer Klobuchar Reid be when we come back here after this unique. For example, the appropria- Brown Lankford Sanders brief break for the Fourth of July. I tions bill that provided funding to fight Cantwell Leahy Schatz have moved to reconsider. I have Cardin Lee Schumer the Ebola virus included nearly $5 bil- Carper Manchin Shaheen changed my vote and moved to recon- lion in discretionary rescissions and Casey Markey Stabenow sider. I would like to call on my col- $2.5 billion in mandatory rescissions. Coons McCaskill Tester leagues on the other side of the aisle to Durbin McConnell Udall This conference agreement is the re- Feinstein Menendez Warner think about this, to think about where sult of extensive bipartisan negotia- Franken Merkley Warren they have left this issue for the Amer- tions. It is a good bill, and it should be Gillibrand Mikulski Whitehouse ican people. I have been approached in Heinrich Murphy Wyden sent to the President without delay. I my State—and I know others have as urge the adoption of the conference re- The PRESIDING OFFICER (Mr. well—by young women concerned port. FLAKE). On this vote, the yeas are 52, about whether we are going to address the nays are 48. The PRESIDING OFFICER. All time this issue now, not at some time in the Three-fifths of the Senators duly cho- has expired. future. sen and sworn not having voted in the So when we get back, after we have CLOTURE MOTION affirmative, the motion is rejected. had time to think about it all, we will Pursuant to rule XXII, the Chair lays The Republican leader. address this matter again and hope- before the Senate the pending cloture Mr. MCCONNELL. Mr. President, I fully respond, as our constituents all motion, which the clerk will state. enter a motion to reconsider the vote. across America are asking us to re- The PRESIDING OFFICER. The mo- The legislative clerk read as follows: spond, to this pending health care cri- tion is entered. sis that we all understand. There has CLOTURE MOTION ORDER FOR RECESS been plenty of discussion about this for We, the undersigned Senators, in accord- Mr. MCCONNELL. Mr. President, I months. This Republican majority has ance with the provisions of rule XXII of the ask unanimous consent that the Sen- met the deadline, but we can’t pass it Standing Rules of the Senate, do hereby ate recess from 12:30 p.m. until 2:15 by ourselves here in the Senate. I hope move to bring to a close debate on the con- p.m. to allow for the weekly caucus our Democratic friends, upon reflection ference report to accompany H.R. 2577, an meetings. over the course of the few days we will act making appropriations for the Depart- The PRESIDING OFFICER. Is there ments of Transportation, and Housing and be away, will come back with a dif- Urban Development, and related agencies for objection? ferent attitude, and I hope we can ad- the fiscal year ending September 30, 2016, and Without objection, it is so ordered. dress this crisis and address it now. for other purposes. Mr. MCCONNELL. Mr. President, The PRESIDING OFFICER. The Mitch McConnell, John Cornyn, Mike here is where we are. We have a public Democratic leader. Rounds, Thad Cochran, Roy Blunt, health crisis descending on our coun- Mr. REID. Mr. President, as I said John Barrasso, Marco Rubio, Lamar try. We have been talking about this this morning, and I will repeat it, I Alexander, Tom Cotton, Bill Cassidy, for 3 months. The administration and don’t know what universe my friend is John Hoeven, Thom Tillis, Jeff Flake, the CDC—all involved—said we need to living in. What does he think—that we James M. Inhofe, Tim Scott, Shelley get this Zika funding bill done before Moore Capito, Steve Daines. are all stupid, that the American peo- the Fourth of July—before the Fourth ple are dumb? They are not. They un- The PRESIDING OFFICER. By unan- of July. This conference report, which derstand what is going on here. imous consent, the mandatory quorum was just prevented from passage, has We have been trying for months— call has been waived. exactly the same funding level that months. The President asked more The question is, Is it the sense of the every single Democrat voted for when than 4 months ago that we would get Senate that debate on the conference it left the Senate—exactly the same money to fight Zika. He had already report to accompany H.R. 2577, an act funding level. had to take $500 million from Ebola be- making appropriations for the Depart- We know that if we don’t get this job cause the Republicans had done noth- ments of Transportation, and Housing done, we won’t have a vaccine within a ing. He said more than 4 months ago: and Urban Development, and related year and a half. In the short term, we We need money. The CDC needs money. agencies for the fiscal year ending Sep- have been told that the single most ef- The NIH needs money. We have a crisis tember 30, 2016, and for other purposes, fective thing we can do is kill as many on our hands. shall be brought to a close? mosquitoes as possible as fast as pos- So we have been on top of this. We The yeas and nays are mandatory sible right here in the United States, in have worked hard. Republicans have under the rule. the southern part of our country. objected five times to moving legisla- So here we are in an utterly absurd tion that is meaningful. On April 28, The clerk will call the roll. position of playing political games as the senior Senator from Texas objected The legislative clerk called the roll. this public health crisis mounts here in to my request. On May 18, he objected The yeas and nays resulted—yeas 52, our country. Pregnant women all to my unanimous consent request nays 48, as follows: across America are looking at this again and to Senator MURRAY’s re- [Rollcall Vote No. 112 Leg.] with utter dismay, as we sit here in a quest—all in the same day. On May 24, partisan gridlock manufactured by the he objected to Senator MURRAY’s re- YEAS—52 other side over issues that it is pretty quest again for funding Zika. On May Alexander Enzi Perdue hard for the general public to under- 24—the same day—Senator ENZI ob- Ayotte Ernst Portman ELSON Barrasso Fischer Risch stand, refusing to pass the funds need- jected to Senator N ’s unanimous Blunt Flake Roberts ed to address this public health con- consent request. Boozman Gardner Rounds cern. He said that we need to reflect. Come Burr Graham Rubio If that were not bad enough, we have on. Listen to this. If Republicans were Capito Grassley Sasse also stopped the passage of the sitting around, as I assume they were Cassidy Hatch Scott Coats Heller Sessions MILCON-Veterans’ Administration ap- in the House, as we were all watching Cochran Hoeven Shelby propriations conference report, which the takeover of the House floor by Collins Inhofe Sullivan Corker Isakson includes funding for our veterans and House Democrats—there wasn’t any- Cornyn Johnson Thune funding for construction at military thing going on on the House floor, so I Cotton Kirk Tillis bases. assume—I assume—they were sitting Toomey Crapo McCain So here we are going into the Fourth around thinking: What can we do to Cruz Moran Vitter Daines Murkowski Wicker of July and we have impeded the pas- fake funding for Zika? What can we do? Donnelly Paul sage of funding to deal with an impend- Well, maybe what we can do is say we

VerDate Sep 11 2014 05:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.011 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4599 have money for Zika and then we could Zika. Here it is 1 week later, and it is prevent more babies from contracting do everything we can to irritate them. 2,900. About 100 women a day are being the birth defect that is suffered by this So what they did is they said: Well, infected with Zika. We don’t know how baby shown in this picture. we realize this is a serious issue, but many of these pregnant women—there Microcephaly, basically, is a shrunk- these pregnant women are the ones are about 500 now who are pregnant en skull. This baby’s prognosis is not they are concerned about, so why don’t who have been infected with Zika—we good. Women of child-bearing age are we stop them from going to obtain don’t know how many of those women scared to death that their baby will birth control. We hate Planned Parent- are going to give birth to children who end up like this baby. Yet their con- hood, so why don’t we stop them from are tremendously handicapped. They cerns have fallen on deaf ears among going to Planned Parenthood—these have shrunken brains, and their skulls those in this Chamber—largely Demo- desperate women who need birth con- are caved in sometimes. crats—who voted against advancing trol and some advice about their situa- As we sit here dithering because of this legislation. tion. this foolishness on Planned Parent- We are getting closer to mosquito A significant number of American hood, the Clean Water Act, cutting vet- season. The warmer weather means we women—especially young women—go erans funding, Ebola funding, are going to see more mosquitoes, and to Planned Parenthood. On the bill we ObamaCare, Confederate flag, each day we need to get this on the President’s have that was just turned down today, more women are prevented from get- desk as soon as possible. The President the Republicans said: You can’t do ting the attention they need for birth himself asked for $1.9 billion in funding that. We are not going to allow that. control. and is calling this a public health It restricts funding for birth control It is unbelievable that someone emergency, but our Democratic friends provided by Planned Parenthood. How would have the audacity to come to the blocked it because they are sore losers about that one. But if that weren’t floor and say: Well, it is the Demo- in a conference negotiation report that enough, they cut veterans funding by crats’ fault. It is the Democrats’ fault. they don’t like. $500 million. And then I guess they We think you should get some money We know that this virus can affect an said: Well, maybe we can do some- for Zika funding. It should be offset; it entire generation. This birth defect is thing—we know we hate the environ- wouldn’t be truly emergency funding. heartbreaking and life-altering, and we ment. We don’t like all those greenies, But in the process, go ahead and let’s know it has taken a tremendous toll in so why don’t we do this. We know that whack ObamaCare, Ebola money, vet- much of Latin America. Fortunately, it is important that we control mosqui- erans, Planned Parenthood, the Confed- so far the only cases of Zika virus in toes. If we are going to do anything re- erate flag. the United States, according to the garding mosquitoes, let’s kill a lot of I mean, I can’t imagine how anyone Centers for Disease Control, are from those mosquitoes. Oh, here is what we would have the audacity to come to the people who have traveled to South will do. We will exempt the Clean floor and talk about what a great piece America and Central America and con- Water Act from the provisions of of legislation this is. We know what is tracted the virus there and came home. spraying pesticides. in the bill. We have had a woman who So at least so far, the mosquitoes that Against all environmental advice has worked so hard on this who is one carry this disease are not spreading it that we could get, they go ahead and of the premier Senators ever to serve in the United States, but we know that do it anyway. in this body, Senator MIKULSKI from will change soon. That is why we heard They cut Ebola funding by another Maryland. BILL NELSON cares about from the Senators from Florida, Texas, $107 million. They rescind ObamaCare this in Florida because his State has and others. They talked about its po- by $543 million, after they have already been hit harder than any other State. tential impact in the United States and failed 70 times to repeal it. But if that But Senator MIKULSKI has worked hard particularly in our warmer States. weren’t enough, listen to this one. How on appropriations bills. We know how According to the Centers for Disease about this one. I guess they said: What important this bill is. We know how Control and Prevention, severe else could we do to really stick it in much she wants it passed, but she microcephaly like this is associated their eye? There is a prohibition now in doesn’t want it with this awful stuff with seizures, intellectual disability, the law that says that you can’t fly the that they have tried to do with hearing and vision problems, and devel- Confederate flag at our military ceme- Planned Parenthood, the Clean Water opmental delays, and that is assuming teries. Let’s take that away. We want Act, veterans funding, and all of this this child survives into adulthood, to be able to fly Confederate flags at other craziness, including the Confed- which most, unfortunately, do not. So military cemeteries. erate flag. how can our friends across the aisle So they put that in there too. What It is hard to describe. I sat here this who voted against this conference re- do they think this is? morning when the Senate was opening. port, which provides Zika funding, look When we passed here by almost 90 I have been here a long time. I don’t re- the mother of this baby in the eye and votes a bill that gave not as much member anything as outrageous and as say: We have plenty of good reasons to money as we wanted, but $1.1 billion, it shameful as this piece of legislation. deny help for more children like yours. was treated as an emergency, as emer- Believe me, in the last 71⁄2 years, the We know this impacts not only chil- gencies should be treated. It is no dif- Republicans have come up with a lot, dren and these babies, but it also im- ferent from a flood or a fire or an but this is the worst. pacts whole families. It means mothers earthquake. We passed it here and sent The PRESIDING OFFICER. The Re- and fathers anxious about the welfare it to the House. publican whip. of their baby are regularly going to the The night they were there on the Mr. CORNYN. Mr. President, I will doctor to gauge progress and check de- House floor, there was chaos. One of tell you what shameful is. It is allow- velopment. It means finding speech, oc- the Presiding Officers came out and in ing more women of childbearing age to cupational, and physical therapies to a matter of a minute said: We are going contract the Zika virus so their babies help the child live as long of a normal to pass a conference report funding can end up looking like this. That is life as they can. One neurologist Zika—funding Zika—but it makes it so shameful. quoted in the New York Times said: that you can’t go to Planned Parent- Make no mistake about it—our col- ‘‘There is no way to fix the problem, hood for birth control. We are cutting leagues across the aisle have filibus- just therapies to deal with the down- $500 million from veterans, we are tered on a partisan basis a bipartisan stream consequences.’’ going to affect how we spray pesticides, bill that funded our anti-Zika efforts. So once a baby like this contracts we are going to cut Ebola funding, we It also included measures to support the Zika virus, there is no way to fix are going to cut ObamaCare, and we our veterans. the problem. The only defense is to pre- are going to, just for good measure— So we need to be absolutely clear. I vent children like this from getting the just for good measure, we will throw in heard the Democratic leader basically Zika virus by getting the funding that the Confederate flag thing. saying that, because his party is a sore Democrats just voted down to the med- I was here a week ago, and 2,200 loser in a conference report they don’t ical authorities so they can look for a women at that time were infected with love, they are going to block funding to vaccine and so we can do mosquito

VerDate Sep 11 2014 00:22 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.015 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4600 CONGRESSIONAL RECORD — SENATE June 28, 2016 eradication and the other things we children like this has just been Well, I agree, and I frankly do not know we need to do from a public blocked. understand how Senate Democrats, health perspective to prevent more ba- Governor Abbott invited the Centers having taken this position previously, bies like this one from developing for Disease Control and Prevention to can come in here and engage in a par- these devastating birth defects. review the State’s plan to combat the tisan filibuster to stop funding for this As I said, there is no cure. Once a virus and he appointed an infectious impending public health crisis. baby has it, he or she has it for life. disease task force to make policy rec- Just last week, the senior Senator That means that the family will have ommendations on how to prevent and from New York said: ‘‘Every day we to live with the great uncertainty respond to infectious diseases includ- wait, every day is increasing the risk about the health and well-being of ing Zika. States like mine and commu- that we will have problems with Zika.’’ their child as they consider the lifelong nities like Houston are doing their Well, today we had the chance to implications of caring for a child with part, but Senate Democrats refuse to send a bill to the President’s desk that this kind of disability. do their part. So it should go without would meet the demands of Senator We know we don’t have to accept this saying that now on the frontlines of REID, Senator MURRAY, and Senator as the outcome. We know there is a this major public health concern we SCHUMER, but they blocked it for fan- way to fight it, and that is by pre- need to respond at the Federal level. ciful and imagined reasons. venting the Zika virus from spreading That is why it is shocking and shame- One of the arguments that Senate to the United States, but unfortu- ful to see so many Senate Democrats Democrats make against the bill is nately Senate Democrats just voted oppose this bipartisan effort to guard that more money is needed, yet this is against that. against the virus, particularly because funded at the very level that the Sen- As I said, there are already hundreds they have repeatedly called for an ex- ate agreed to—$1.1 billion. President of travel-related cases of the virus pedited resolution of this appropria- Obama and our Democratic colleagues scattered throughout the country, and tions request. repeatedly make the argument that I hope the administration does more to Over a month ago, the minority lead- throwing money at the problem will fix underscore the real health threats that er made clear that he viewed Zika everything. Well, throwing no money exist when people travel to areas where funding a major priority and one that at the problem will fix nothing, which Zika is at its worst. That is why I demanded action. is what they voted for today. joined with one of our House colleagues Senator REID, the Democratic leader, Less than 7 percent—just $40 million who is a medical doctor, Congressman on May 23, 2016, said: ‘‘Instead of gam- of the $589 million transferred from the MICHAEL BURGESS, in asking Secretary bling with the health and safety of mil- Ebola fund to fight Zika has been obli- of State Kerry and the Director of the lions of Americans, Republicans should gated as of early June. That translates Centers for Disease Control and Pre- give our Nation the money it needs to to easily more than $500 million the vention, Dr. Frieden, how they are co- fight Zika, and they should do it now. President can still use to fight this ordinating travel warnings to regions Not next month, not in the fall—now.’’ cause in addition to the $1.1 billion in- Well, of course, Senator REID was ad- where Zika has run rampant. Texans cluded in this bill. vocating bypassing the Senate legisla- and all Americans need to understand We have heard from our colleagues tive process, and it was really inappro- the risks associated with travel to on the other side of the aisle about this priate for him to demand a $1.9 billion those areas, and they need real-time, great need to prepare the country for spending appropriation that adds to accurate information so they can de- this upcoming health crisis and how es- the deficit and debt without letting termine whether they should alter sential it is to quickly get resources to Congress do its job, but now the House their travel plans. those studying the virus and working and Senate have both passed legisla- Over the past few months, the mos- on prevention efforts and perhaps dis- tion and agreed to a conference report quitoes who carry this virus have been covering a vaccine. But when given the that Senate Democrats have just voted inching their way north, and today lo- chance to do that, Democrats shut it down. cally transmitted cases have been re- down. They filibustered the bipartisan Senator REID said for us to fail to ported in Puerto Rico and throughout bill that they themselves have been meet this crisis would be irresponsible, the Caribbean. In other words, this asking the Senate to pass, which is ab- and yet he just advocated failing to virus, along with its devastating ef- solutely disgraceful. meet that responsibility and address fects, is at our doorstep. So I hope our colleagues on the other the crisis. We can’t gamble with the I had a chance to visit with experts side of the aisle will reconsider their health and well-being of women and in my State at the University of Texas misguided efforts and follow through children in this country just to serve Medical Branch at Galveston and the with what they have been saying we partisan political needs, and most of Texas Medical Center, and they agree need all along—the funding to fight a the things that the Democratic leader this is a major public health concern real public health threat. It is a public raised in terms of objections to this and we need to act and act soon. That health priority that demands our at- conference report are just figments of is why we have to prepare for the ar- tention and must be addressed now and his imagination. not later. rival of the mosquitoes that carry this There is no mention of Planned Par- Mr. President, I wonder what the virus in the United States, something enthood in this conference report. I Senators who voted against this bipar- that our Democratic colleagues have would challenge anybody to find tisan Zika funding bill would tell the just prevented. Fortunately, counties Planned Parenthood mentioned once. mother of this child or perhaps another and cities throughout Texas have al- As the Democratic leader knows, woman who is pregnant and wondering ready been working hard to counter Planned Parenthood is a Medicaid pro- whether her child will end up with this the spread of the virus. vider, and so Medicaid eligible individ- When I was in Houston recently, pub- virus and this terrible birth defect. uals can still seek whatever services lic health officials back in April told Could they possibly look that woman they want through Medicaid at me about measures they were imple- in the eye and justify the reasons they Planned Parenthood. menting to track and manage the Then there is the Senator from Wash- have voted against funding so that spread of Zika throughout the Houston ington, the top-ranking Democrat on other children and families can avoid area, one of the most populous urban the Appropriations subcommittee, who this terrible devastating birth defect? I areas in the country, and the efforts to actually crafted the bipartisan Zika re- bet none of them could look that pro- eradicate the breeding grounds of the sponse and then walked away from it spective mother in the eye and say: mosquitoes that transmit the virus. and voted against it. She said on May Well, we voted against protecting your Governor Abbott of Texas is also tak- 26, 2016: baby and your family for good and suf- ing steps to make sure that we are as ficient reasons. As I said earlier, many Families and communities are expecting prepared as possible. But we can’t do it us to act. Parents are wondering if their ba- of the reasons stated by the Demo- alone. Unfortunately, the sort of help bies will be born safe and healthy. In Con- cratic leader are imagined and not that is needed by States like mine for gress, we should do everything we can to real—like this idea that somehow mothers and fathers who could have tackle the virus without any further delay. Planned Parenthood has been targeted,

VerDate Sep 11 2014 00:22 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.016 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4601 which is not even mentioned in the leg- provement over the legislation the they are produced with genetic engi- islation. Senate wisely rejected in March. That neering or partially produced with ge- I can’t imagine a more disgraceful bill, the one we rejected, would con- netic engineering. It is easy. Just print vote than what some of our colleagues tinue the current status quo. It pro- it on there. Print it on there in the have cast to deny funding for this im- posed a meaningless ‘‘volunteer-only’’ same way—if you have a child or a pending public health crisis. I hope approach, a thinly veiled attempt to grandchild who has a peanut allergy or they will reconsider. I hope the fami- block Vermont’s labeling law and to who requires gluten-free, you can go lies who worry about the health of keep any other State from acting. This look for a label, and immediately, you their children will call their offices and current proposal at least acknowledges know what you are feeding them. say: Why did you vote against funding that States like Vermont have enacted Thanks to the citizen-led efforts in the money necessary to eradicate the in this area. That is why I stayed on Vermont, we are seeing more and more mosquitoes that carry this disease? the floor and blocked that first bill. I consumer-friendly information easily Why did you vote against further sci- thank those Senators who joined with accessible to shoppers. No scanning entific research to learn how to combat me. some code. No calling an 800 number. it? Why did you vote against our devel- We heard from the organic industry, You don’t pick up a product and say, oping a vaccine that can prevent the expressing reservations about how they ‘‘Gee, I have to scan a code in here’’ or spread of this disease not only here in might be treated under a Federal GE- ‘‘I have to call an 800 number.’’ No. You the United States but around the labeling program. Some of those con- just pick up the product and look, and world? cerns have been addressed, and the pro- you find out what it has in it, every- I will bet none of them could look posal reinforces that the USDA Or- thing from water, to celery, corn, cot- that mother in the eye because what ganic seal remains the gold standard. tonseed, and genetic engineered ingre- our Democratic colleagues did today by The proposal follows what Vermont’s dients. We have seen countless pictures voting down this funding was abso- Act 120 does with respect to animal sent in by shoppers finding these la- lutely hypocritical, it was cynical, and products, and it addresses the gap in bels. Labeling is not complicated or cost-prohibitive in practice. They are it was shameful. the Vermont law for processed foods in- constantly printing new labels. You The PRESIDING OFFICER. The Sen- spected by USDA, specifically those just add a line. ator from Vermont. foods with meat. Of course, to make matters worse, Mr. LEAHY. Mr. President, in re- The proposal now before us also ac- the bill we have before us has abso- sponse to the remarks of the senior knowledges at long last what I have lutely no enforcement mechanism. The Senator from Texas, I just wonder, if been saying for the past year. In many negotiators of this proposal seem to we had had a real conference where rural parts of this country, including think public pressure would be enough things were discussed, where would we most of Vermont, we have significant to force these multimillion-dollar cor- be. That was impossible because the technological challenges that make it porations to comply. What they are Republican leadership took the House nearly impossible for consumers to ac- saying is ‘‘You guys be the cop on the of Representatives out of session. Had cess the electronic or digital disclosure beat. You be the ones to tell them what they stayed and done their work, as we methods allowed in this bill. By requir- to do.’’ Surely families squeezing every are, I am sure we could have worked ing the Secretary of Agriculture to minute out of every day will not have something out. But that, of course, was complete a study on this issue, I be- time to hold companies accountable in their decision. lieve these difficulties unavoidably will the court of public opinion. Public GENETICALLY ENGINEERED FOOD LABELING be recognized, and the Secretary pressure is not enough. You cannot ask Mr. President, on another matter, should be given the authority the needs consumers to go around and try to fig- this week marks a historic moment in to require additional disclosure op- ure out whether they can buy some- Vermont. This coming Friday, July 1, tions. I do hope, however, that pro- thing and then bring pressure. That is Vermont’s Act 120, the first-in-the-Na- ponents of this proposal will not try to what we have legislatures for. tion labeling law for genetically engi- put the burden on our retail establish- At the end of the day, each of us have neered—so-called GE—foods will take ments to install costly digital scan- different reasons for wanting to know effect. But unfortunately for con- ners. what is in our food. The fact is that, sumers everywhere, it could be a short- The proponents of this deal were sent without labeling of GE foods, con- lived celebration. back to the drawing board after we de- sumers cannot make informed choices. Late last week, a so-called deal was railed them on March 16. As I said, I This purported deal does not go far reached on a national mandatory label- was very proud to be the Vermonter enough to give consumers what they ing law. During the weekend, I had the leading that effort. While it is true are asking for, which is a simple, on- chance to review this proposal closely. that this new attempt is an improve- package label or symbol. Vermonters have reviewed it closely. I ment in several ways, it is clear that Of course, the bill does more than can say this: It falls short. this revised proposal is driven more by just block States from enacting GE- This is an extremely complex issue— the perspectives of powerful special in- food labeling laws like Vermont’s Act from how we define genetically engi- terests, than by a commitment to 120; it also blocks a longstanding seed- neered foods, to how we treat animal honor consumers’ right to know. Con- labeling law in Vermont, one that products; from the impact on the sumers’ right to know merits only Vermont’s organic farmers appreciate, organics industry, to how small busi- grudging acceptance in this plan; con- as do conventional farmers and even nesses respond. sumers are far from this plan’s highest backyard-hobby gardeners. This is a It is actually not something you just priority. We see evidence of that in the law that has been on the books since talk about; the details matter here. broad loopholes included in the defini- 2004. It ensures clear, meaningful infor- That is why the Vermont Legislature, tions for which GE foods this proposal mation for farmers to know exactly Republicans and Democrats working would apply to. what they are buying, and that is why together, spent 2 years debating it. While this proposal makes some posi- they buy it. They had over 50 committee hearings tive, though modest, improvements, I Perhaps in a State such as Kansas, featuring testimony from more than remain deeply concerned that it is not where the last organic farm survey in 130 representatives on all sides of the going to offer transparency for con- 2014 counted only 83 organic farms, or issue. sumers. Transparency is something Michigan, a State which is 10 times the The Senate has not held a single that many companies have already size of Vermont and has some 332 or- hearing on labeling. They had only one opted to provide. ganic farms—maybe in States that hearing on the issue of biotechnology, Look at these products. I bet most don’t have organic farms, having ac- and they have had none on the issue of Americans can go to their cupboards cess to that seed information is not labeling foods or seeds. and find them. Campbell’s, General considered useful or important, but in I would note that the proposal un- Mills, Frito-Lay, Cheez-It, and the a State such as Vermont with only veiled late last week—and we were able iconic Wonder Bread. All of them are 626,000 people, where, our Northeast Or- to review it this weekend—is an im- already putting on their labels that ganic Farming Association of Vermont

VerDate Sep 11 2014 00:22 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.017 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4602 CONGRESSIONAL RECORD — SENATE June 28, 2016 assures me, we now have over 600 or- The PRESIDING OFFICER (Mr. tional ingredient information—no ref- ganic farms, our seed-labeling law is CRUZ). The Senator from Oregon. erence to biotechnology, no reference important. The industry has complied Mr. MERKLEY. Mr. President, I ap- to GMO ingredients. It could be what with it the last 12 years; yet, with no preciate the comments of my colleague version of peanuts is in the product, hearings and no debate, this bill will from Vermont and the work his State what version of corn, where was it block Vermont’s seed law and will pre- has done to take on this very impor- raised. These are all questions a con- vent any other State from enacting tant issue. I wish to amplify somewhat sumer might possibly want to know. one. or add to the remarks he has made. All it says is, for more information on When I was chairman of the Senate This debate is about one simple con- the ingredients. Agriculture Committee, I was proud cept; that is, a simple, mandatory label So if you look to the ingredients, and that I wrote the law that set the na- that is consumer-friendly to inform the ingredients say: tomato puree, tional organic standards and labeling consumers whether a product has been high-fructose corn syrup and wheat program. I was proud of that. It started produced with GMO ingredients. That flour and water, you get a little more out following a discussion across the is it. It is the consumer’s right to know information about those ingredients. kitchen table with organic farmers in and nothing else. That is what it is suggesting, even with Vermont; it is now a $40 billion indus- It has been quite an interesting jour- the language in this bill that says ‘‘for try nationwide. ney we have been on to this point. We more information on ingredients,’’ and I continue to closely monitor and have had the DARK Act—the Deny nothing about the fact that this prod- work to protect the high standards for Americans the Right to Know Act— uct was or wasn’t produced with bio- the organic program. They have given about the GMO status of the foods they engineering, nothing about the fact consumers confidence in the organic consume, and now we have the DARK that this product does or doesn’t con- label. They have given organic pro- Act 2.0 coming to this floor in a decep- tain genetically modified ingredients. ducers the strong, clear, and meaning- tive strategy to persuade Americans So this is a sham because it doesn’t ful standards they have demanded. that we are doing something important give that consumer-friendly informa- They have worked hard to follow these in order to justify the preemption of tion, and it is easy to give that con- sumer-friendly information. For exam- standards, but they want to know what our State legislators from taking on ple, let’s take a look at what is hap- the standards are such that those who this issue State by State. Unfortu- pening right now on M&Ms. Here it is. work hard and follow the rules are not nately, the bill before us is an echo of The Mars corporation has said: We going to have somebody come in and what we have seen before. say, ‘‘Well, we followed the rules,’’ So let’s ask the simple question: want to have integrity with our con- sumers so we are just going to tell with no proof that they actually did. Does it meet the 1-second test for con- them: partially produced with genetic Labeling of genetically engineered sumers knowing what is in their foods? engineering. It is a simple phrase. It products is an outgrowth of the organic That is, by the way, information 89 meets the 1-second test. You can grab movement. As a watchdog of the or- percent of Americans want to know. that candy bar or that bag of M&Ms, ganic program, I simply cannot support This is an issue where if you poll you can turn it over, and, boom, there this proposal. I don’t support it. We are Democrats, Republicans, and Independ- not saying you cannot have these ge- it is, right there. ents, they essentially all say the same netically engineered foods; just let con- That is what States have wanted to thing. Nine out of ten Americans say: sumers know. Label it. Then they can do in response to their 9 out of 10 citi- We want this information on the pack- decide whether to buy it, just as a par- zens who desire simple information on age. It is relevant to us. We think con- ent with a child who may require a glu- the package. But let’s turn back. What sumers should have the right to know. ten-free product knows when they does this bill do? This bill says compa- It is unusual to have an issue 9 out of come in whether a product is gluten- nies can put on a barcode with no ref- 10 Democrats and 9 out of 10 Independ- free when it says so on the label. It erence, no reference to the fact there ents and 9 out of 10 Republicans all doesn’t say you outlaw products with are GMO ingredients. This is a com- agree on, but here we are at this mo- gluten in them; it says to give people a pletely different thing. ment, with this Senate about to con- choice—the same as those with a pea- The bill also says it can put on an 800 sider a bill written by and for the most nut allergy. In this case, people want number. We have been through this powerful agricultural groups in Amer- to know how their food was produced, territory before too. You can put an 800 ica to deny Americans the right to and they want it on the label, not in number on it. OK. That certainly is not some electronic code. know. consumer-friendly. You have to call up, Vermonters have a long tradition of Let us take a closer look at what is wait for 20 minutes to go through a leading the debate on issues crossing wrong with the bill that is coming be- phone tree and talk to somebody on the spectrum. Vermonters stand for fore us—the Roberts bill. First of all, it the phone. Maybe you are talking to transparency the consumer’s right to does not require that simple consumer- somebody in the Philippines. Maybe know. Vermonters want to make in- friendly label. Instead, it says: Well, they know the answer or maybe they formed decisions for their families and that can be an option. A company do not. Are you kidding me? A shopper with their limited grocery budgets. I could do that, if they would like to. is going to go down the aisle of the gro- acknowledge—we Vermonters acknowl- Well, you know what. They can do that cery store, wanting to know the status edge that powerful interests are allied right now, without the permission of of these different options before them, against Vermont’s law and against the our Federal Government. and they are going to make a call for Nation’s consumers, as has been the Then it says it could be an option for each of them, standing there for 30 fact from the beginning. a company to put a symbol on a pack- minutes, when it could have been an- The proposal released last week does age. Well, that option is there for a swered in 1 second? No, of course not. not respect the work that Vermont has group right now. They can put a sym- The authors of this bill know this is a painstakingly done in this space. This bol on a package, if they want to. sham. Vermonter reflects the feelings of my So we have granted nothing. Then it This is disturbing that we are seeing constituents. I will not and cannot sup- says: In lieu of putting actual informa- DARK Act 2.0 coming back again. If port it. Vermonters deserve better and tion on the package, they can put a you ever do get to that person on the so do all Americans. computer code on the package. A com- phone line or you ever do get to that Mr. President, I see my good friend puter code is a square, like this, or it computer Web site, there is a provision from Oregon, Senator MERKLEY, on the could be a barcode, but when you put in this bill that says the information floor. He knows how important that on the package, people say: Well, on the Web site has to be on the first Vermont’s work has been in this na- those are on the packages already. Why page, it has to be presented clearly, but tional public debate. I have been proud is it there? it is being done by the company itself. to cosponsor his legislation that recog- This bill does have a little informa- So how big is that first page going to nizes and respects Vermont’s law. tion in it. It says: If you put this quick be, and how is it going to incorporate I yield to my good friend from Or- response code or computer code on the other information about the ingredi- egon. package, you have to say it is for addi- ents?

VerDate Sep 11 2014 00:22 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.024 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4603 This is not something being produced Vermont, there is no enforcement in The vote earlier to deny cloture on in a standard fashion, easy to use. Let’s this bill. There is no authority for the the VA–MILCON legislation and the realize this. In order to use the 800 USDA—U.S. Department of Agri- Zika virus is to say to pregnant moms number, you have to have a phone in culture—to do a recall of products im- in America: We don’t think the case of your pocket. In order to use the properly labeled. There is no enforce- the Zika virus is that important; you barcode, you have to have a ment power to exercise a fine on com- are going to have to run the risks your- smartphone in your pocket. You have panies that fail to use some option self. To say to our veterans who fought to use up your monthly digital plan. under this bill. and risked their lives for us that we You have to expand your money to find We can see the basic facts. This does may not fund their health care is just out this information. Furthermore, not give a consumer-friendly label and not the right thing to do. some of your information is captured instead sends people off through a I deeply regret the fact that the clo- by the Web site when you go there. You maze, through a rat hole of telephone ture motion was denied this morning. I have to give up your privacy. calls and Web sites, not in any way hope that before we leave town this Again, we are seeing the sham and practical to a shopper in a store. Sec- week, cloture will be granted so we can the scam brought forward in a new ond, it has a definition that excludes approve MILCON–VA appropriations version, and that is not all. This bill major products from the major sources and approve our response to Zika. But has a definition that excludes the food of GMO crops in America. Third, it has let me underline how important that is derived from major GMO crops. I have a huge loophole expressing the theory with two quick, brief remarks. the bill in front of me, and right up that if you can assert something could In terms of Zika, I represent the front it says what is covered. It says have been derived from a conventional CDC—the Centers for Disease Control food that contains genetic material— breeding program, you don’t have to and Prevention—in Atlanta, GA, the that contains genetic material. Why is label. Then, fourth, no enforcement. world’s health care center. I was there that important? Well, when you proc- This is completely different than the 2 weeks ago for a briefing on the Zika ess crops into the ingredients that go power that Vermont has under their virus. There are more than 1 million into our food, you basically strip out, existing bill. They have a simple 1-sec- Zika cases in Latin America, there are in many cases, the genetic material. ond test label, they have a definition Zika cases in the Caribbean, and there Therefore, the things that are com- that does not exclude the major crops, are 150 in the United States of Amer- monly thought of as GMO ingredients they do not have a loophole about some ica. The Zika virus is very unique. It wouldn’t be GMO ingredients under theory you could possibly have reached attacks a pregnant mom, it attacks the this bill. the same thing through conventional child in the womb, and it attacks the I have a commentary from the Food breeding, and they have enforcement. brain and central nervous system, and Drug Administration, and here is So this represents not even a shadow of causing manifested, terrible brain what it says. It says the phrase ‘‘that what Vermont is doing. problems and deformities, some that contains genetic material’’ means that I have supported the idea that you we hope we can stop and prevent. But could have a strong case to have a sin- many foods from GE sources will not you can’t do it if you don’t fund the gle Federal standard. It makes sense in be subject to this bill, and it gives the Nation’s response, and the $1.1 billion the production of food in the country example of genetically engineered in this bill, which was denied today, not to have different label standards in soy—oil made from that. It goes into would go to Zika response. different States—the food runs through all kinds of products that everyone There are two responses we need to warehouses. It is spread out through thinks of as a GMO ingredient that fund. One is the research and develop- different locations. Fair enough, but if wouldn’t be covered. ment for preventive vaccines so we can What about high-fructose corn syrup? you are going to take away a con- find them as quickly as possible. That What about oil derived from corn? Corn sumer-friendly label—the power to do is obviously important. But the other oil. What about sugar derived from that from a State—if you are going to is the education to do the most we can GMO beets—the sugar that has the ge- preempt that, then we need to replace to see to it that Zika is prevented netic material stripped from it. So in it with a credible, mandatory, con- wherever possible. the very start of this bill, it excludes sumer-friendly label at the Federal A lot of people think that if you the three major crops or major compo- level. don’t have mosquitoes, you don’t have This bill fails the test in every major nents of the three major crops that are to worry about Zika. Zika is trans- way, and that is why we should not GMO in America—soybeans and corn mitted in two very distinct ways. One strip States of their power. That is why and sugar. That is disturbing, but if is through one of two types of mosqui- we should reject this bill, and I encour- that isn’t disturbing enough, another toes, both indigenous to my State of age my colleagues to do so. A con- loophole has been put into this bill. Georgia and most of the southeastern sumer’s right to know about the food Let’s turn back to what the bill actu- United States. But Zika is also trans- they put in their bodies is a powerful ally says. It says not only must it con- mitted by sexual intercourse, which right, and we are taking it away if we tain genetic material, thereby bypass- means whether you are in Colorado pass this bill. Let us not do that. where there are no mosquitos or Geor- ing the soy oil and the corn oil and the Mr. President, I yield the floor. sugar from the three major GMO crops, The PRESIDING OFFICER. The Sen- gia where there are, there is another you also have to prove the ingredient ator from Georgia. way to transmit it as well. If we don’t ‘‘could not otherwise be obtained Mr. ISAKSON. Mr. President, may I have a good education process in terms through conventional breeding or inquire of the Chair, is the Senator of how people can protect themselves found in nature.’’ So all a person has to from Connecticut due to speak next? against transmitting the Zika virus do is to assert it is possible, it could be, Mr. BLUMENTHAL. I would be happy during sexual intercourse or protect and then you have another massive to yield to the Senator from Georgia, themselves against bites by mosquitoes loophole. as long as I be permitted to follow him carrying the virus, we are going to be To what point? We know it is a GMO for up to 10 minutes. in big trouble. We will have a lot of ba- ingredient. It is in the food. But they Mr. ISAKSON. Mr. President, I ask bies born who will have lives of tragedy could say: Yes, but you could have pos- unanimous consent that I be recog- because we didn’t do our jobs as U.S. sibly developed the same thing from a nized for up to 5 minutes, to be fol- Senators. non-GMO process, and they assert that lowed by Senator BLUMENTHAL for up It is estimated that the cost of a live so they don’t put it on their can, they to 10 minutes. birth and the lifetime of a child born don’t put it on their label. The PRESIDING OFFICER. Is there with the effects of the Zika virus will There are two major loopholes under- objection? be $10 million per child on the tax- mining this bill, showing there is no se- Without objection, it is so ordered. payers of America—$10 million. Think rious intent to do a consumer-friendly Mr. ISAKSON. Mr. President, I find of the cost that adds up to. label that justifies State preemption. I it unbelievable that today the United We should come to the table imme- would like to say that is all, but then, States Senate said no to pregnant diately, come back, vote again, and as was pointed to by the Senator from moms and veterans. vote for cloture on the Zika virus—the

VerDate Sep 11 2014 00:22 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.018 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4604 CONGRESSIONAL RECORD — SENATE June 28, 2016 $1.1 billion response that passed the On July 1, $2 billion of loans will one, we can pass legislation before us House—to pass the Senate and see to it come due, and Puerto Rico simply today. It is not the legislation I would that we tell the American people that lacks the resources to pay those debts. have preferred. In fact, this deal is not we understand the dangers of Zika, and It is insolvent, so far as those debts are one that I find attractive. There are de- we are going to do everything we can concerned. If the Bankruptcy Code ap- fects and weaknesses in its provisions to allow them the education they need plied, it could seek relief from its relating to minimum wage and over- to prevent it. We are going to respond creditors and prevent the race to the time and pensions and the structure of to it, and do it in the right way. courthouse and the enormous litiga- the board, among others. But the ques- As far as the VA is concerned, I have tion costs and other expenses that will tion is, What is the alternative? never understood how anyone can look ensue. With PROMESA, the parties will a veteran in the eye and say no. As We have an opportunity to act on be- have a workable judicial mechanism chairman of the Veterans Affairs Com- half of the people of the United States with a stay on litigation, ensuring that mittee in the Senate, I know what who have a powerfully important stake chaos is avoided and the current mess these people have done. As one who in the people of Puerto Rico and the is resolved. If we devise a system that served in the military, I know what welfare of that island. It is Americans only the creditors like and works only sacrifice means in terms of serving in who live there—3.5 million American for them, it will benefit a small group uniform. To say no to the funding of citizens, who have fought in our wars, of wealthy investors that could threat- VA health care is just unconscionable, given of their culture and heritage to en to block Puerto Rico’s economic re- and it is wrong. Our veterans volun- all of us, and have helped make Amer- covery. In fact, the longest lasting and teered. We don’t have a draft anymore. ica the greatest, strongest country in most alarming effect will be the uncer- We don’t conscript people anymore. the history of the world. They are tainty that results from our failure to People volunteer. We have had 16 American citizens who are part of the act, which almost clearly and unavoid- straight years of deployment in the fabric of this Nation, and the people of ably will cause a deep recession in that Middle East of Americans who volun- Puerto Rico will be the ones who pay island. It will, in effect, impede invest- teer to protect this country. They de- the price of a failure on our part to act ment in the island and quash economic serve to know that when they come effectively. recovery. home, their health care is going to be The simple fact is that Puerto Rico ´ provided for, their benefits are going to Representative NYDIA VELAZQUEZ put cannot afford to pay all of its creditors it best. She has never stopped fighting be provided for, and the promises we and continue to provide a basic level of made to them to get them to volunteer for her homeland of Puerto Rico. Be- services for its people. That fact is un- fore PROMESA passed the House she to join our military are promises we disputed. The question is simply keep to them, regardless of the condi- said: whether this situation is addressed in tion they may be in or the difficulties Some would have you believe that if we an orderly and productive way or per- they have. only yell louder, there will be a third option. So as one Member of the Senate, I mitted to enter the sea of chaos—finan- But let me tell you, I have screamed so loud that I no longer have a voice. can’t say no to a pregnant mom, and I cially and in humanitarian terms—that can’t say no to a veteran. I don’t think will ensue without action on our part. Like the vast majority of her House Already we have seen the beginnings anybody in here really wants to say no colleagues, she voted for PROMESA be- of this crisis. The island’s only 24/7 to them at all. cause it is the best option available I would encourage members of the stroke center has closed because too now that both sides can support. No Democratic Party to come back to the many Puerto Rican neurologists have amount of wishing or yelling will floor and join all of us in the Repub- left for the mainland. The Puerto change that fact. lican Party to vote for cloture on the Rican Department of Education has PROMESA has the support of experts MILCON–VA and cloture on the Zika not paid hundreds of firms that provide across the political spectrum and edi- virus, and do it as soon as possible. education and transportation services. torial boards across the country. It has Time is wasting. Time is of the es- Hospitals are barely keeping the lights won support from Puerto Rico’s Gov- sence. Time is important. Our response on. Schools cannot pay bus drivers. ernor and its sole representative in the is important. Our pregnant moms are My colleague from Florida, Senator U.S. House. It has won support from important. There is nobody more im- NELSON, told the story yesterday of the business leaders in Puerto Rico and in portant than the veterans of the neonatal dialysis center that is pro- the United States. And, crucially, the United States of America. viding services only to customers who Treasury Department says it is an es- Mr. President, I yield the floor. can pay cash up front. Imagine, in the sential step—a first step—to avoid hu- The PRESIDING OFFICER. The Sen- United States—Puerto Rico is part of manitarian catastrophe. We can come ator from Connecticut. the United States—children in need of back next month, next year, or sooner PUERTO RICO lifesaving services are being turned to try to make it better. But there is Mr. BLUMENTHAL. Mr. President, I away and denied basic health care. no better bill available this week, be- strongly agree with colleagues who There is no need to guess as to what fore July 1, and the impending humani- have supported effective, real measures will happen on July 1. Creditors have tarian crisis will most affect and most to confront the spreading toll that told us—in fact, they have told us very enduringly hurt the people of Puerto Zika is taking around the world and, I explicitly in court papers already filed Rico. The choice is hope or disaster for assume, will take an even greater num- last week. They wrote: ‘‘It has long the Americans who live in Puerto Rico. ber and magnitude in this country. But been settled law that Constitutional PROMESA could be better, but at the we need effective solutions that will Debt is constitutionally required to be end of the day, we cannot permit the provide funding for research, eradi- paid first in times of scarcity, ahead of perfect to be the enemy of the good. I cation of mosquitoes, and education of even what government deems ‘essential will continue to work for a better bill, the public without harmful restrictions services.’ ’’ They will claim to be paid seeking to offer amendments that im- that prevent women from seeking fam- in advance and in priority over essen- prove it, and fighting afterward for ily planning services that, in fact, help tial services. That is the stark, harsh still more improvements in this meas- to prevent the spread of Zika. truth of litigation, and a judgment in ure. Nowhere is the threat of Zika greater their favor will have lasting and irrep- Today I urge my colleagues to join in than in Puerto Rico. That island has arable effects on the people of Puerto supporting PROMESA. been particularly hard-hit. In fact, the Rico. If the creditors win, the people of Mr. President, I yield the floor. spreading financial crisis is combining Puerto Rico lose, and they lose tremen- with the spreading epidemic of Zika to dously and irreparably. f create a true humanitarian crisis. That The Senate has a choice. Instead of crisis will only be aggravated and deep- allowing a chaotic process that costs RECESS ened by a failure to deal effectively tremendously in scarce resources and The PRESIDING OFFICER. Under with the financial default that faces benefits financially the lawyers and the previous order, the Senate stands the island in just a few days from now. some of the creditors more than any- in recess until 2:15 p.m.

VerDate Sep 11 2014 00:22 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.020 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4605 Thereupon, the Senate, at 12:45 p.m., up raises for, benefits they have domestic energy in our backyard. Do- recessed until 2:15 p.m. and reassem- earned, putting money aside, and now mestic energy was the coal we used to bled when called to order by the Pre- they have been betrayed, frankly, and fuel the Industrial Revolution. We basi- siding Officer (Mrs. CAPITO). that is why this is so important. cally defended ourselves in every war f We just had a meeting of a group of with coal. It was so important during Senators, and Senator REID played a World War II that if you were a coal TRANSPORTATION, HOUSING AND film of what is happening in West Vir- miner, you would be asked to be de- URBAN DEVELOPMENT, AND RE- ginia—the flooding—and much of that ferred from fighting in the war to pro- LATED AGENCIES APPROPRIA- flooding is in miners’ country, most of vide the energy the country needed to TIONS ACT, 2016—CONFERENCE it is. There were mine workers’ defend itself. That is how important REPORT—Continued homes—Senator CAPITO knows this this product has been. The PRESIDING OFFICER. The Sen- too—mine workers’ homes that were Today it is kind of taboo to talk ator from West Virginia. under water, as were other residents in about it. People don’t understand we Mr. MANCHIN. Madam President, I these communities, proud communities have the life we have because of it. ask unanimous consent to speak in a that have done everything right, where There is a transition going on and we colloquy with some of my colleagues people worked hard and played by the understand that, but, in 1946, President concerning the Miners Protection Act. rules. They paid their taxes. They Harry Truman said that we can’t have The PRESIDING OFFICER. Without helped their community. They have the miners go on strike. John L. Lewis objection, it is so ordered. lost so much, and this is the last thing was going to take the miners out on MINERS PROTECTION ACT they just simply should not lose. strike for unfair compensation and Mr. MANCHIN. Madam President, as My contention in the Finance Com- safety reasons. Harry Truman prom- the Presiding Officer knows very well, mittee—and I know it is the contention ised them if they would stay—it was so we have been asking for passage of the of my colleague from Ohio too—is that important for our economy after World Miners Protection Act not just for our committee should not do anything War II to keep moving forward, and State of West Virginia but for all min- until we fix the miners’ pension. Sen- without the energy, we couldn’t do it. ers across America, as well as the re- ator MCCONNELL, the Republican lead- So he said: If you all will settle this tired miners who have done everything er, seems to be the only one who strike, I will make sure everybody who that has been asked of them. doesn’t want to move on this. All the produces coal—all the miners will pay We have some of our colleagues here rest of us do. The point a lot of us are into a pension fund that will guarantee today. At this time, if I can—if my making is, we shouldn’t allow this that you will have health care benefits other colleagues will allow me—I will body—as important as I think Puerto when you retire and a very meager pen- defer right now to Senator BROWN from Rico is and as much as I want to help sion. We are not talking big money. We Ohio, since he has other commitments. them—we shouldn’t be voting on re- are talking very meager supplements. He will be coming back and forth. If he structuring Puerto Rico’s debt without That was committed to and paid for. could go ahead and get started at this lifting a finger to help our retired min- It had been funded all the way up until time, then I will come back and defer ers. I don’t want to delay Puerto Rico. the greed of Wall Street in 2008, and it to our other colleague from Ohio. I want Senator MCCONNELL to commit fell apart. Now, here we have the time. The PRESIDING OFFICER. The Sen- to us: OK. We will move to Puerto Rico We go right up to the end of the time. ator from Ohio. but promise a date for a vote so we can Every time we go up to this timetable. Mr. BROWN. Madam President, I do what we need to do to move this Well, July 1 is Puerto Rico, and then know everyone is squeezed for time, money from the abandoned mine fund let me tell my colleagues one thing: but I thank Senator MANCHIN for his to the UMWA pension fund in a way July 15, all the retirees will start re- leadership, the Presiding Officer, the that works for these miners, that ceiving notices that they will start los- other Senator from West Virginia, Mrs. works for the widows of miners, that ing their health care benefits within 90 CAPITO, and Senator PORTMAN, my works for people who are sick from days. friend from Cincinnati. working in the mines, and works for If you have seen on television all the We all know how serious this is. We people who were injured working in the devastation to our State in West Vir- are all willing in this body to do—at mines. ginia, all the flooding, all the misery, least the four of us and I know also As many of my colleagues know, I the loss of life—one of the largest Senator CASEY and Senator WARNER— wear on my lapel a depiction of a ca- losses of life in any flooding in U.S. whatever it takes to get this fixed. We nary in a birdcage. All of us know in history. It just happened this past know we can do this for our Nation’s mining country, the mine workers used week in the State of West Virginia, our retired coal miners who are on the to take the canaries down into the beautiful State. Every one of those brink of losing their health care and mines. They had no unions in the old communities you are seeing on tele- retirement savings. This Congress can days to help them. They had no govern- vision, with houses on fire floating pull them back from that. ment that cared enough to help them. down the river, with all the businesses The UMW health care and pension It is up to us to provide that. The ca- ruined, all the homes and all the people plan covers 100,000 workers, 6,800 people nary in the mine has been tweeting who are left with nothing, every one of in Senator PORTMAN’s and my State. mercilessly, and it is time for us to those are mining communities. Every The plans were almost completely step up and do what we were hired to one of them have miners living in funded before the financial collapse of do in these jobs. them. Every one of them have widows almost a decade ago, but the industry’s I thank Senator MANCHIN. who probably lost their husband to pension funds were devastated by the Mr. MANCHIN. Madam President, if I black lung depending on the health recession. can, I will give a little background and care benefits. Yet we have so many We know if Congress fails to act, then we will go right to Senator other things, and we are just asking for thousands of retired miners could lose PORTMAN. a vote. their health care this year and the en- I thank the Senator from Ohio. I ap- This is a bipartisan bill. Here we are tire plan would fall as early as 2017. preciate it very much. standing on the floor, all of us, not For every one of those years where The Presiding Officer understands being Democrats or Republicans, just mine workers worked for decades and very well. We are both from the same being Americans trying to do the right decades in the mines, they earned and State, born and raised there, and tough thing. All we are asking for is a vote on contributed to their retiree health care times have always been a part of our this. It will pass. There are ways for us plans and their pension plans—benefits DNA. to pay for it so it does not cost the they fought for. Their situation is So people know the history of the American taxpayers. That is what we similar to Senator MANCHIN and I, mines, as to the coal that has been pro- are asking for. I don’t think that is too prior to—we remember what it was like duced, we would not be the country we much to ask for. here during the auto rescue, the bene- are today, we would not be the super- I have said let’s vote no on cloture fits they fought for, benefits they gave power of the world, if we didn’t have tomorrow. I am not saying to be for or

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.077 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4636 CONGRESSIONAL RECORD — SENATE June 28, 2016 interact with Rose Gottemoeller dur- last six decades, he has introduced peo- has blossomed into one of the DOD’s ing my time on the Senate Foreign Re- ple of all ages to sounds of American most effective hiring and readiness lations Committee and have come country and the history these songs generating programs. This indispen- away impressed. She has been forth- can teach. sable capability recognizes the tie that right when questioned during hearings I am proud to honor this unique man Army Reserve soldiers have with their and briefings. She has been pleasant, for his service to his community and local communities. upfront, and informative during meet- our country.∑ Lieutenant General Talley codified ings. I know from my own experiences f the comprehensive transformation of that she will continue to serve the the Army Reserve from a strategic, TRIBUTE TO LIEUTENANT United States well in her capacity as static component of the Army, to an GENERAL JEFFERY W. TALLEY Deputy Secretary General of NATO. integral, operational asset critical to ∑ Mr. MCCAIN. Mr. President, today I f the success of the Army’s mission to honor a dedicated soldier and business provide trained and ready forces. Lieu- ADDITIONAL STATEMENTS entrepreneur who has demonstrated il- tenant General Talley’s accomplish- lustrious service to our Nation while in ments will benefit the Army Reserve, uniform and in private, public, and aca- the Army, and the Joint Force for TRIBUTE TO LOUIS ARMENTARO demic sectors. After 34 years of service years to come. ∑ Mr. DAINES. Mr. President, in honor as a model citizen-soldier, LTG Jeffery Jeffery Talley and his wife, Linda, of Independence Day, I wish to recog- W. Talley is retiring from his distin- have four children: Christopher, Josh- nize Louis Armentaro of Park County. guished Army career. ua, and Matthew—a combat veteran— Louis is an Army veteran, having LTG Jeffrey W. Talley served as both and Ashley. The Talley family moved served as an infantryman in the 442nd the Chief of the Army Reserve and the 23 times throughout Jeffery’s military Regimental Combat Team during Commanding General of U.S. Army Re- career. During those times, Linda vol- World War II. We celebrate our inde- serve Command from 11 June 2012 to 1 unteered as a senior family readiness pendence and freedom because of peo- June 2016. Lieutenant General Talley adviser. For her dedication, she was ple like Louis, who selflessly put him- led the Army Reserve through one of named ‘‘Volunteer of the Year’’ and re- self in harm’s way, fighting against the most tumultuous times in its his- ceived the Essayons Award for spouses tyranny for his country. tory, guiding the command through who make significant contributions to Over the Fourth of July weekend, I the initial phases of a drawdown of the Army Engineer Regiment. I wish will have the privilege to honor Louis forces as it simultaneously supported Jeffery, Linda, and the entire Talley and watch him announce his 68th Liv- the war in Afghanistan and executed family the best in their future endeav- ingston Roundup Parade. Louis started multiple contingency deployments in ors and the next chapter of their lives.∑ this tradition back in 1949, when he re- support of our Nation. Through his f turned to Montana after serving in leadership, Lieutenant General Talley TRIBUTE TO MICHAEL SCHULTE World War II. During his time in the has forever changed the mission, cul- special services in Japan, Louis de- ture, and composition of the Army Re- ∑ Mr. THUNE. Mr. President, today I lighted in running audio for his fellow serve. He leaves a combat-tested com- recognize Michael Schulte, an intern in soldiers at the GI theatre, ball games, ponent that is more responsive to the my Sioux Falls, SD, office for all of the and parades. He is in the Guinness Joint and Army warfighting require- hard work he has done for me, my Book of World Records as the ‘‘most ments and contributes directly to our staff, and the State of South Dakota. durable rodeo parade announcer.’’ His ability to fight and win our Nation’s Michael is a graduate of BOLD High passion for western swing and its abil- wars. School in Olivia, MN. Currently, Mi- ity to transport people inspired him to Lieutenant General Talley is respon- chael is attending South Dakota State start Sound Over the West audio and sible for developing and executing crit- University in Brookings, SD, majoring announcing when he returned home. ical enabler capabilities to the Joint in political science and global studies. As a child, Louis grew up with a pas- Force through the use of Army Reserve Michael is a dedicated worker who has sion for authentic country music. Not Engagement Cells and Teams, AREC/ been committed to getting the most only is he one of the greatest curators Ts. AREC/Ts assist Army Service Com- out of his experience. of this style in Montana, he is also one ponent Commands and Combatant I extend my sincere thanks and ap- of the most revered pedal steel guitar Commands by integrating Army Re- preciation to Michael Schulte for all of players in the country music commu- serve capabilities into plans, exercises, the fine work he has done and wish him nity. In the early 1950s, Louis, his and operational activities and provide continued success in the years to ∑ brother Frank Armentaro, and their reachback capability to the whole of come. friend Oscar Bergsing started the the U.S. Army Reserve Command’s f Rhythm Ramblers, one of the longest CONUS-based theater enabling com- TRIBUTE TO REGAN SCOTT living bands in Montana. For decades, mands. The Army Reserve possesses ∑ Mr. THUNE. Mr. President, today I they created a soundtrack for count- the majority of force structure of the recognize Regan Scott, an intern in my less swing dancers across the State. Army’s total capability in many key Sioux Falls, SD, office for all of the While performances from the group are areas to include more than 90 percent hard work she has done for me, my extremely rare today, Louis continues of the Army’s Civil Affairs capability, staff, and the State of South Dakota. to play his steel guitar every morning. more than 50 percent of the Army’s Regan is a graduate of Sioux Falls At 91 years old, he is one of the most total logistics and medical capability, Christian in Sioux Falls, SD. Cur- experienced steel guitar players alive. and nearly all of the Army’s theater rently, Regan is attending North- Louis, with the support of his de- opening capability. Nothing is more western College in Orange City, SD, voted wife, Donna, has become a pillar important to Lieutenant General majoring in business administration. in the Livingston community. Not only Talley than taking care of our Nation’s Regan is a dedicated worker who has have the couple raised and fostered an most precious resource: our soldiers. been committed to getting the most estimated 30 children, they are an in- As a citizen-soldier himself, Lieuten- out of her experience. dispensable part of the Livingston ant General Talley is acutely aware of I extend my sincere thanks and ap- Roundup Rodeo. For many cowboys the challenges and sacrifices of Army preciation to Regan Scott for all of the and cowgirls, this event is known as Reserve soldiers as they juggle their fine work she has done and wish her Cowboy Christmas; Louis Armentaro is service to the Nation, community, and continued success in the years to their Santa Claus. He is the dependable family well-being. This focus on sol- come.∑ voice and orchestrator and is the most diers and their families, combined with f recognizable attraction in the rodeo the recognition that soldier support is parade. During the parade and the a critical component of soldier readi- MESSAGES FROM THE PRESIDENT rodeo, Louis blares his curated collec- ness, led him to create the Private Messages from the President of the tion of western swing music. For the Public Partnership Office, P3O. P3O United States were communicated to

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\G28JN6.065 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4637 the Senate by Mr. Pate, one of his sec- Items’’ ((RIN0750–AI93) (DFARS Case 2016– EC–5925. A communication from the Prin- retaries. D014)) received in the Office of the President cipal Deputy Assistant Secretary for Fish of the Senate on June 27, 2016; to the Com- and Wildlife and Parks, National Park Serv- f mittee on Armed Services. ice, Department of the Interior, transmit- EXECUTIVE MESSAGES REFERRED EC–5916. A communication from the Direc- ting, pursuant to law, the report of a rule en- tor of Defense Procurement and Acquisition titled ‘‘Civil Penalties Inflation Adjust- As in executive session the Presiding Policy, Department of Defense, transmit- ments’’ (RIN1024–AE28) received in the Office Officer laid before the Senate messages ting, pursuant to law, the report of a rule en- of the President of the Senate on June 22, from the President of the United titled ‘‘Defense Federal Acquisition Regula- 2016; to the Committee on Energy and Nat- States submitting sundry nominations tion Supplement: New Designated Country— ural Resources. Ukraine’’ ((RIN0750–AI98) (DFARS Case 2016– and a treaty which were referred to the EC–5926. A communication from the Gen- D026)) received in the Office of the President eral Counsel, Federal Energy Regulatory appropriate committees. of the Senate on June 27, 2016; to the Com- Commission, transmitting, pursuant to law, (The messages received today are mittee on Armed Services. the report of a rule entitled ‘‘Reactive Power printed at the end of the Senate pro- EC–5917. A communication from the Direc- Requirements for Non-Synchronous Genera- ceedings.) tor of Defense Procurement and Acquisition tion’’ ((RIN1902–AF15) (Docket No. RM16–1– Policy, Department of Defense, transmit- 000)) received in the Office of the President f ting, pursuant to law, the report of a rule en- of the Senate on June 27, 2016; to the Com- MESSAGE FROM THE HOUSE titled ‘‘Defense Federal Acquisition Regula- mittee on Energy and Natural Resources. tion Supplement: Deletion of Supplemental EC–5927. A communication from the Assist- ENROLLED BILL SIGNED Coverage for the Definition of ‘Simplified ant General Counsel for Legislation, Regula- At 5:45 p.m., a message from the Acquisition Threshold’’’ ((RIN0750–AI89) tion and Energy Efficiency, Office of Energy House of Representatives, delivered by (DFARS Case 2016–D007)) received in the Of- Efficiency and Renewable Energy, Depart- Mr. Novotny, one of its reading clerks, fice of the President of the Senate on June ment of Energy, transmitting, pursuant to 27, 2016; to the Committee on Armed Serv- announced that the Speaker pro tem- law, the report of a rule entitled ‘‘Energy ices. Conservation Program: Energy Conservation pore (Mr. HARRIS) has signed the fol- EC–5918. A communication from the Direc- Standards for Battery Chargers; Final Rule’’ lowing enrolled bill: tor of Defense Procurement and Acquisition ((RIN1904–AB57) (Docket No. EERE–2008–BT– Policy, Department of Defense, transmit- H.R. 3114. An act to provide funds to the STD–0005)) received in the Office of the ting, pursuant to law, the report of a rule en- Army Corps of Engineers to hire veterans President of the Senate on June 27, 2016; to titled ‘‘Defense Federal Acquisition Regula- and members of the Armed Forces to assist the Committee on Energy and Natural Re- tion Supplement: Defense Contractors Per- the Corps with curation and historic preser- sources. vation activities, and for other purposes. forming Private Security Functions’’ EC–5928. A communication from the Regu- ((RIN0750–AI69) (DFARS Case 2016–D021)) re- f lations Coordinator, Centers for Medicare ceived in the Office of the President of the and Medicaid Services, Department of Senate on June 27, 2016; to the Committee on MEASURES PLACED ON THE Health and Human Services, transmitting, Armed Services. pursuant to law, the report of a rule entitled CALENDAR EC–5919. A communication from the Sec- retary of Defense, transmitting a report on ‘‘Medicare Program; Medicare Clinical Diag- The following bill was read the sec- nostic Laboratory Tests Payment System’’ ond time, and placed on the calendar: the approved retirement of Lieutenant Gen- eral Russell J. Handy, United States Air ((RIN0938–AS33) (CMS–1621–F)) received in S. 3100. A bill to ensure that State and Force, and his advancement to the grade of the Office of the President of the Senate on local law enforcement may cooperate with lieutenant general on the retired list; to the June 27, 2016; to the Committee on Finance. EC–5929. A communication from the Chief Federal officials to protect our communities Committee on Armed Services. from violent criminals and suspected terror- EC–5920. A communication from the Sec- of the Publications and Regulations Branch, ists who are illegally present in the United retary of Defense, transmitting a report on Internal Revenue Service, Department of the States. the approved retirement of General Dennis Treasury, transmitting, pursuant to law, the report of a rule entitled ‘‘Applicable Federal f L. Via, United States Army, and his ad- vancement to the grade of general on the re- Rates - July 2016’’ (Rev. Rul. 2016–17) received EXECUTIVE AND OTHER tired list; to the Committee on Armed Serv- in the Office of the President of the Senate COMMUNICATIONS ices. on June 27, 2016; to the Committee on Fi- EC–5921. A communication from the Acting nance. The following communications were Principal Deputy Under Secretary of Defense EC–5930. A communication from the Chief laid before the Senate, together with (Personnel and Readiness), transmitting the of the Publications and Regulations Branch, accompanying papers, reports, and doc- report of ten (10) officers authorized to wear Internal Revenue Service, Department of the uments, and were referred as indicated: the insignia of the grade of brigadier general Treasury, transmitting, pursuant to law, the in accordance with title 10, United States report of a rule entitled ‘‘Transfers of Prop- EC–5912. A communication from the Sec- Code, section 777; to the Committee on erty to Regulated Public Utilities by Elec- retary of Defense, transmitting a report on Armed Services. tricity Generators’’ (Notice 2016–36) received the approved retirement of Lieutenant Gen- EC–5922. A communication from the Under in the Office of the President of the Senate eral Thomas W. Spoehr, United States Army, Secretary of Defense (Acquisition, Tech- on June 27, 2016; to the Committee on Fi- and his advancement to the grade of lieuten- nology, and Logistics), transmitting, pursu- nance. ant general on the retired list; to the Com- ant to law, a report entitled ‘‘2016 Annual EC–5931. A communication from the Chief mittee on Armed Services. Report to Congress on the Department of De- of the Publications and Regulations Branch, EC–5913. A communication from the Sec- fense Chemical and Biological Defense Pro- Internal Revenue Service, Department of the retary of Defense, transmitting a report on gram’’; to the Committee on Armed Services. Treasury, transmitting, pursuant to law, the the approved retirement of Lieutenant Gen- EC–5923. A communication from the Assist- report of a rule entitled ‘‘Modification of eral William B. Garrett III, United States ant Secretary for Export Administration, Treatment of Certain Health Organizations’’ Army, and his advancement to the grade of Bureau of Industry and Security, Depart- ((RIN1545–BN15) (TD 9772)) received in the Of- lieutenant general on the retired list; to the ment of Commerce, transmitting, pursuant fice of the President of the Senate on June Committee on Armed Services. to law, the report of a rule entitled ‘‘Guid- 27, 2016; to the Committee on Finance. EC–5914. A communication from the Direc- ance on Charging and Penalty Determina- EC–5932. A communication from the Assist- tor of Defense Procurement and Acquisition tions in Settlement of Administrative En- ant Secretary, Legislative Affairs, Depart- Policy, Department of Defense, transmit- forcement Cases, Revision of Supplement No. ment of State, transmitting, pursuant to ting, pursuant to law, the report of a rule en- 1 to part 766 of the Export Administration law, a report relative to U.S. support for Tai- titled ‘‘Defense Federal Acquisition Regula- Regulations’’ (RIN0694–AG73) received in the wan’s participation as an Observer in the tion Supplement: Treatment of Interagency Office of the President of the Senate on June International Criminal Police Organization and State and Local Purchases’’ ((RIN0750– 27, 2016; to the Committee on Banking, Hous- (INTERPOL); to the Committee on Foreign AI88) (DFARS Case 2016–D009)) received in ing, and Urban Affairs. Relations. the Office of the President of the Senate on EC–5924. A communication from the Senior EC–5933. A communication from the Assist- June 27, 2016; to the Committee on Armed Counsel, Legal Division, Bureau of Consumer ant Secretary, Legislative Affairs, Depart- Services. Financial Protection, transmitting, pursu- ment of State, transmitting, pursuant to EC–5915. A communication from the Direc- ant to law, the report of a rule entitled law, a report relative to section 36(c) and tor of Defense Procurement and Acquisition ‘‘Truth in Lending (Regulation Z) Annual 36(d) of the Arms Export Control Act (DDTC Policy, Department of Defense, transmit- Threshold Adjustments (CARD Act, HOEPA, 16–004); to the Committee on Foreign Rela- ting, pursuant to law, the report of a rule en- and ATR/QM)’’ (12 CFR Part 1026) received in tions. titled ‘‘Defense Federal Acquisition Regula- the Office of the President of the Senate on EC–5934. A communication from the Assist- tion Supplement: Pilot Program on Acquisi- June 27, 2016; to the Committee on Banking, ant Secretary, Legislative Affairs, Depart- tion of Military Purpose Nondevelopmental Housing, and Urban Affairs. ment of State, transmitting, pursuant to

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.004 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4638 CONGRESSIONAL RECORD — SENATE June 28, 2016 law, a report relative to section 36(c) of the Surface Transportation Board’s CFR Chapter By Mr. VITTER, from the Committee on Arms Export Control Act (DDTC 15–072); to Heading Pursuant to the Surface Transpor- Small Business and Entrepreneurship: the Committee on Foreign Relations. tation Board Reauthorization Act of 2015’’ Report to accompany S. 958, a bill to EC–5935. A communication from the Assist- (Docket No. EP 735) received in the Office of amend the Small Business Act to provide for ant Secretary, Legislative Affairs, Depart- the President of the Senate on June 23, 2016; team and joint venture offers for certain ment of State, transmitting, pursuant to to the Committee on Commerce, Science, contracts (Rept. No. 114–288). law, a report relative to section 36(c) of the and Transportation. By Mr. JOHNSON, from the Committee on Arms Export Control Act (DDTC 16–040); to EC–5946. A communication from the Chief Homeland Security and Governmental Af- the Committee on Foreign Relations. of Staff, Media Bureau, Federal Communica- fairs, with an amendment in the nature of a EC–5936. A communication from the Assist- tions Commission, transmitting, pursuant to substitute: ant Secretary, Legislative Affairs, Depart- law, the report of a rule entitled ‘‘Amend- S. 2340. A bill to require the Director of the ment of State, transmitting, pursuant to ment of Section 73.202(b), FM Table of Allot- Office of Management and Budget to issue a law, a report relative to section 36(c) of the ments, FM Broadcast Stations (Raymond, directive on the management of software li- Arms Export Control Act (DDTC 15–141); to Washington)’’ ((MB Docket No. 16–74) (DA 16– censes, and for other purposes (Rept. No. 114– the Committee on Foreign Relations. 656)) received in the Office of the President 289). EC–5937. A communication from the Assist- of the Senate on June 27, 2015; to the Com- By Mr. CORKER, from the Committee on ant Secretary, Legislative Affairs, Depart- mittee on Commerce, Science, and Transpor- Foreign Relations, without amendment and ment of State, transmitting, pursuant to tation. with a preamble: law, a report relative to section 36(c) of the EC–5947. A communication from the Chief S. Res. 432. A resolution supporting respect Arms Export Control Act (DDTC 15–137); to of Staff, Media Bureau, Federal Communica- for human rights and encouraging inclusive the Committee on Foreign Relations. tions Commission, transmitting, pursuant to governance in Ethiopia. EC–5938. A communication from the Assist- law, the report of a rule entitled ‘‘Amend- S. Res. 482. A resolution urging the Euro- ant Secretary, Legislative Affairs, Depart- ment of Section 73.202(b), FM Table of Allot- pean Union to designate Hizballah in its en- ment of State, transmitting, pursuant to ments, FM Broadcast Stations (Bogata, tirety as a terrorist organization and to in- law, a report relative to section 36(c) of the Texas and Wright City, Oklahoma)’’ ((MB crease pressure on the organization and its Arms Export Control Act (DDTC 16–021); to Docket No. 14–236 and MB Docket No. 14–257) members to the fullest extent possible. the Committee on Foreign Relations. (DA 16–648)) received in the Office of the S. Res. 501. A resolution expressing the EC–5939. A communication from the Assist- President of the Senate on June 27, 2016; to sense of the Senate on Russian military ag- ant Secretary, Legislative Affairs, Depart- the Committee on Commerce, Science, and gression. ment of State, transmitting, pursuant to Transportation. S. Res. 503. A resolution recognizing June law, a report relative to section 36(c) of the EC–5948. A communication from the Dep- 20, 2016, as ‘‘World Refugee Day’’. Arms Export Control Act (DDTC 16–007); to uty Bureau Chief, Wireline Competition Bu- S. Res. 504. A resolution recognizing the the Committee on Foreign Relations. reau, Federal Communications Commission, 70th anniversary of the Fulbright Program. EC–5940. A communication from the Assist- transmitting, pursuant to law, the report of By Mr. CORKER, from the Committee on ant Secretary, Legislative Affairs, Depart- a rule entitled ‘‘Connect America Fund; ETC Foreign Relations, with an amendment in ment of State, transmitting, pursuant to Annual Reports and Certifications; Rural the nature of a substitute: law, a report relative to section 36(c) of the Broadband Experiments’’ ((RIN3060–AF85) S. 1605. A bill to amend the Millennium Arms Export Control Act (DDTC 16–013); to (FCC 16–64)) received in the Office of the Challenge Act of 2003 to authorize concur- the Committee on Foreign Relations. President of the Senate on June 27, 2016; to rent compacts for purposes of regional eco- EC–5941. A communication from the Assist- the Committee on Commerce, Science, and nomic integration and cross-border collabo- ant General Counsel, Pension Benefit Guar- Transportation. rations, and for other purposes. anty Corporation, transmitting, pursuant to EC–5949. A communication from the Under By Mr. CORKER, from the Committee on law, the report of a rule entitled ‘‘Allocation Secretary of Defense (Acquisition, Tech- Foreign Relations, without amendment and of Assets in Single-Employer Plans; Benefits nology and Logistics), transmitting, pursu- with a preamble: Payable in Terminated Single-Employer ant to law, a report entitled ‘‘Report to Con- S. Con. Res. 38. A concurrent resolution re- Plans; Interest Assumptions for Valuing and gress on Department of Defense Fiscal Year affirming the Taiwan Relations Act and the Paying Benefits’’ (29 CFR Parts 4022 and 4044) 2015 Purchases from Foreign Entities’’; to Six Assurances as cornerstones of United received in the Office of the President of the the Committee on Armed Services. States-Taiwan relations. Senate on June 23, 2016; to the Committee on EC–5950. A communication from the Presi- f Health, Education, Labor, and Pensions. dent, Inter-American Foundation, transmit- EC–5942. A communication from the Direc- ting, pursuant to law, proposed legislation EXECUTIVE REPORTS OF tor of Regulations and Policy Management entitled ‘‘Inter-American Foundation Sub- COMMITTEE Staff, Food and Drug Administration, De- sidiary Corporation Act’’; to the Committee partment of Health and Human Services, The following executive reports of on Foreign Relations. nominations were submitted: transmitting, pursuant to law, the report of EC–5951. A communication from the Assist- a rule entitled ‘‘Revisions to Exceptions Ap- ant Secretary for Legislation, Department of By Mr. MCCAIN for the Committee on plicable to Certain Human Cells, Tissues, Health and Human Services, transmitting, Armed Services. and Cellular and Tissue-Based Products’’ pursuant to law, the fiscal years 2012, 2013, Army nomination of Brig. Gen. Matthew T. (Docket No. FDA–2014–N–1484) received in the and 2014 Reports to Congress on the Assets Quinn, to be Major General. Office of the President of the Senate on June for Independence Program; to the Committee Navy nomination of Capt. Phillip E. Lee, 27, 2016; to the Committee on Health, Edu- on Health, Education, Labor, and Pensions. Jr., to be Rear Admiral (lower half). cation, Labor, and Pensions. Navy nomination of Capt. Alan J. Reyes, EC–5943. A communication from the Office f to be Rear Admiral (lower half). Program Manager, Office of Regulation Pol- PETITIONS AND MEMORIALS Navy nomination of Capt. Mary C. Riggs, icy and Management, Department of Vet- to be Rear Admiral (lower half). erans Affairs, transmitting, pursuant to law, The following petition or memorial Navy nomination of Capt. Carol M. Lynch, the report of a rule entitled ‘‘Federal Civil was laid before the Senate and was re- to be Rear Admiral (lower half). Penalties Adjustment Act Amendments’’ ferred or ordered to lie on the table as Navy nomination of Capt. Mark E. Bipes, (RIN2900–AP78) received in the Office of the indicated: to be Rear Admiral (lower half). President of the Senate on June 27, 2016; to POM–195. A petition from a citizen of the Navy nomination of Capt. Brian R. the Committee on Veterans’ Affairs. State of Nevada relative to elder care; to the Guldbek, to be Rear Admiral (lower half). EC–5944. A communication from the Gen- Committee on the Judiciary. Navy nomination of Capt. Louis C. Tripoli, eral Counsel, Office of Science and Tech- to be Rear Admiral (lower half). nology Policy, Executive Office of the Presi- f Navy nomination of Capt. Robert T. dent, transmitting, pursuant to law, the re- REPORTS OF COMMITTEES Durand, to be Rear Admiral (lower half). port relative to a vacancy for the position of Navy nominations beginning with Capt. Associate Director for National Security and The following reports of committees Shawn E. Duane and ending with Capt. John International Affairs, Office of Science and were submitted: A. Schommer, which nominations were re- Technology Policy, Executive Office of the By Mr. JOHNSON, from the Committee on ceived by the Senate and appeared in the President, received in the Office of the Presi- Homeland Security and Governmental Af- Congressional Record on March 15, 2016. dent of the Senate on June 22, 2016; to the fairs, with amendments: Navy nomination of Rear Adm. (lh) Thom- Committee on Commerce, Science, and S. 2976. A bill to amend the Homeland Se- as W. Luscher, to be Rear Admiral. Transportation. curity Act of 2002 to reform, streamline, and Navy nomination of Rear Adm. (lh) Brian EC–5945. A communication from the Chair- make improvements to the Department of S. Pecha, to be Rear Admiral. man of the Office of Proceedings, Surface Homeland Security and support the Depart- Navy nomination of Rear Adm. (lh) Debo- Transportation Board, Department of Trans- ment’s efforts to implement better policy, rah P. Haven, to be Rear Admiral. portation, transmitting, pursuant to law, the planning, management, and performance, Navy nomination of Rear Adm. (lh) Mark report of a rule entitled ‘‘Revision to the and for other purposes (Rept. No. 114–287). J. Fung, to be Rear Admiral.

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.008 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4639 Navy nominations beginning with Rear The PRESIDING OFFICER. Without which nominations were received by the Sen- Adm. (lh) Russell E. Allen and ending with objection, it is so ordered. ate and appeared in the Congressional Rear Adm. (lh) Michael J. Dumont, which Record on April 14, 2016. Air Force nomination of Joseph H. nominations were received by the Senate and Navy nominations beginning with Brian S. Imwalle, to be Colonel. Anderton and ending with James T. Wor- appeared in the Congressional Record on Air Force nomination of Lisa A. Seltman, thington III, which nominations were re- March 15, 2016. to be Major. ceived by the Senate and appeared in the *Air Force nomination of Lt. Gen. Joseph Air Force nominations beginning with An- Congressional Record on April 14, 2016. L. Lengyel, to be General. drew M. Foster and ending with Anthony P. Navy nominations beginning with Chris- Navy nomination of Capt. Ronald R. Gaddi, which nominations were received by topher J. R. Demchak and ending with Ste- Fritzemeier, to be Rear Admiral (lower half). the Senate and appeared in the Congres- ven R. Thompson, which nominations were Marine Corps nominations beginning with sional Record on June 6, 2016. received by the Senate and appeared in the Brig. Gen. Charles G. Chiarotti and ending Air Force nominations beginning with Congressional Record on April 14, 2016. with Brig. Gen. Daniel D. Yoo, which nomi- David B. Barker and ending with Angela M. nations were received by the Senate and ap- Navy nominations beginning with Janette Yuhas, which nominations were received by B. Jose and ending with Michael J. peared in the Congressional Record on April the Senate and appeared in the Congres- 14, 2016. Schwerin, which nominations were received sional Record on June 16, 2016. by the Senate and appeared in the Congres- *Air Force nomination of Gen. David L. Army nomination of Bethany C. Aragon, to Goldfein, to be General. sional Record on April 14, 2016. be Colonel. Navy nominations beginning with Eric R. *Marine Corps nomination of Lt. Gen. Army nomination of Brian T. Watkins, to Thomas D. Waldhauser, to be General. Johnson and ending with Andrew R. Wood, be Colonel. which nominations were received by the Sen- Army nomination of Maj. Gen. Charles D. Army nominations beginning with Susan ate and appeared in the Congressional Luckey, to be Lieutenant General. M. Cebula and ending with Lisa N. Record on April 14, 2016. Army nomination of Brig. Gen. Robert P. Yarbrough, which nominations were received Walters, Jr., to be Major General. Navy nominations beginning with Jarema by the Senate and appeared in the Congres- M. Didoszak and ending with Richard M. Army nomination of Lt. Gen. Edward C. sional Record on January 28, 2016. Cardon, to be Lieutenant General. Szcepanski, which nominations were re- Army nominations beginning with John S. ceived by the Senate and appeared in the Army nomination of Brig. Gen. Timothy P. Aita and ending with Derek C. Whitaker, Williams, to be Major General. Congressional Record on April 14, 2016. which nominations were received by the Sen- Navy nomination of Conrado G. Dungca, Army nomination of Col. Joseph J. Streff, ate and appeared in the Congressional Jr., to be Captain. to be Brigadier General. Record on January 28, 2016. Navy nomination of Alexander L. Peabody, Army nominations beginning with Col. An- Army nomination of Jason B. Blevins, to to be Captain. thony P. Digiacomo II and ending with Col. be Colonel. Navy nomination of Jason G. Goff, to be Kenneth A. Nava, which nominations were Army nomination of Shawn R. Lynch, to Captain. received by the Senate and appeared in the be Major. Navy nominations beginning with Olivia L. Congressional Record on May 26, 2016. (minus Army nomination of Rita A. Kostecke, to Bethea and ending with Christian A. Stover, 1 nominee: Col. Robert A. Crisostomo) be Major. which nominations were received by the Sen- Marine Corps nomination of Lt. Gen. David Army nomination of Helen H. Brandabur, ate and appeared in the Congressional H. Berger, to be Lieutenant General. to be Major. Record on May 11, 2016. Air Force nomination of Maj. Gen. Jeffrey Army nomination of Barry K. Williams, to Navy nominations beginning with Roger S. L. Harrigian, to be Lieutenant General. be Colonel. Akins and ending with Michael D. Air Force nomination of Lt. Gen. Tod D. Army nomination of Douglas Maurer, to be Wittenberger, which nominations were re- Wolters, to be General. Colonel. ceived by the Senate and appeared in the Air Force nomination of Maj. Gen. Stayce Army nomination of Ronald D. Hardin, Jr., Congressional Record on May 11, 2016. D. Harris, to be Lieutenant General. to be Lieutenant Colonel. Navy nominations beginning with Richard Army nomination of Maj. Gen. Gwendolyn Army nomination of Edward J. Fisher, to S. Adcook and ending with Benjamin W. Bingham, to be Lieutenant General. be Colonel. Young, Jr., which nominations were received Navy nomination of Rear Adm. Michael M. Army nomination of David W. Mayfield, to by the Senate and appeared in the Congres- Gilday, to be Vice Admiral. be Lieutenant Colonel. sional Record on May 11, 2016. Navy nomination of Rear Adm. Colin J. Army nomination of Michael P. Navy nominations beginning with Andrew Kilrain, to be Vice Admiral. Garlington, to be Colonel. M. Archila and ending with Douglas E. Ste- Marine Corps nomination of Lt. Gen. Glenn Army nominations beginning with Noela phens, which nominations were received by M. Walters, to be General. B. Bacon and ending with William D. Plum- the Senate and appeared in the Congres- Marine Corps nomination of Maj. Gen. mer, which nominations were received by the sional Record on May 11, 2016. Gary L. Thomas, to be Lieutenant General. Senate and appeared in the Congressional Navy nominations beginning with Shane Marine Corps nomination of Maj. Gen. Record on June 23, 2016. D. Cooper and ending with Randall J. Vavra, Lewis A. Craparotta, to be Lieutenant Gen- Army nomination of Elizabeth M. Miller, which nominations were received by the Sen- eral. to be Colonel. ate and appeared in the Congressional Marine Corps nomination of Maj. Gen. Jo- Navy nomination of Justin C. Legg, to be Record on May 11, 2016. seph L. Osterman, to be Lieutenant General. Lieutenant Commander. Navy nominations beginning with Johan- Air Force nomination of Lt. Gen. Terrence Navy nominations beginning with Timothy nes M. Bailey and ending with John E. Volk, J. O’Shaughnessy, to be General. M. Dunn and ending with Peggytara M. which nominations were received by the Sen- *Coast Guard nomination of Rear Adm. Stolyarova, which nominations were re- ate and appeared in the Congressional Marshall B. Lytle III, to be Vice Admiral. ceived by the Senate and appeared in the Record on May 11, 2016. Air Force nomination of Lt. Gen. Stephen Congressional Record on April 14, 2016. Navy nominations beginning with Susan L. W. Wilson, to be General. Navy nominations beginning with Suzanne Ayers and ending with Michael York, which Air Force nomination of Maj. Gen. M. Lesko and ending with Charles E. Sum- nominations were received by the Senate and VeraLinn Jamieson, to be Lieutenant Gen- mers II, which nominations were received by appeared in the Congressional Record on eral. the Senate and appeared in the Congres- May 11, 2016. Air Force nomination of Maj. Gen. Thomas sional Record on April 14, 2016. Navy nominations beginning with Michael W. Bergeson, to be Lieutenant General. Navy nomination of Andrew F. Ulak, to be D. Brown and ending with Brian J. Stamm, Air Force nomination of Brig. Gen. Thom- Captain. which nominations were received by the Sen- as W. Geary, to be Major General. Navy nominations beginning with Kenneth ate and appeared in the Congressional Air Force nomination of Lt. Gen. John L. N. Graves and ending with Billy B. Osborne, Record on May 11, 2016. Dolan, to be Lieutenant General. Jr., which nominations were received by the Navy nominations beginning with John R. Air Force nomination of Maj. Gen. Richard Senate and appeared in the Congressional Anderson and ending with Burr M. Vogel, M. Clark, to be Lieutenant General. Record on April 14, 2016. which nominations were received by the Sen- Navy nominations beginning with Steve R. ate and appeared in the Congressional Mr. MCCAIN. Mr. President, for the Paradela and ending with Reese K. Zomar, Record on May 11, 2016. Committee on Armed Services I report which nominations were received by the Sen- Navy nominations beginning with Rachael favorably the following nomination ate and appeared in the Congressional A. Dempsey and ending with Sean D. Robin- lists which were printed in the Record on April 14, 2016. son, which nominations were received by the RECORDS on the dates indicated, and Navy nominations beginning with Charles Senate and appeared in the Congressional ask unanimous consent, to save the ex- M. Brown and ending with Karl W. Wick, Record on May 11, 2016. which nominations were received by the Sen- Navy nominations beginning with Ann E. pense of reprinting on the Executive ate and appeared in the Congressional Casey and ending with Daryk E. Zirkle, Calendar that these nominations lie at Record on April 14, 2016. which nominations were received by the Sen- the Secretary’s desk for the informa- Navy nominations beginning with Robert ate and appeared in the Congressional tion of Senators. K. Baer and ending with John L. Morris, Record on May 11, 2016.

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.012 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4640 CONGRESSIONAL RECORD — SENATE June 28, 2016 Navy nominations beginning with Claude Navy nominations beginning with Peter (Nominations without an asterisk W. Arnold, Jr. and ending with Rob W. Ste- Bissonnette and ending with Zavean V. were reported with the recommenda- venson, which nominations were received by Ware, which nominations were received by tion that they be confirmed.) the Senate and appeared in the Congres- the Senate and appeared in the Congres- sional Record on May 11, 2016. sional Record on June 9, 2016. f Navy nominations beginning with Albert Navy nominations beginning with Mylene EXECUTIVE REPORT OF Angel and ending with Scott D. Young, R. Arvizo and ending with Errol A. Watson, COMMITTEE—TREATIES which nominations were received by the Sen- Jr., which nominations were received by the ate and appeared in the Congressional Senate and appeared in the Congressional The following executive report of Record on May 11, 2016. Record on June 9, 2016. committee was submitted: Navy nominations beginning with Thomas Navy nominations beginning with David R. By Mr. CORKER, from the Committee on L. Gibbons and ending with Kurt E. Donohue and ending with Jason D. Weaver, Foreign Relations: Stronach, which nominations were received which nominations were received by the Sen- Treaty Doc. 110–19: Treaty on Plant Ge- by the Senate and appeared in the Congres- ate and appeared in the Congressional netic Resources for Food and Agriculture sional Record on May 11, 2016. Record on June 9, 2016. (without printed report); Navy nominations beginning with David L. Navy nominations beginning with Randy Treaty Doc. 112–6: The Convention on the Aamodt and ending with Nathan S. York, J. Berti and ending with Michael Windom, Law Applicable to Certain Rights in Respect which nominations were received by the Sen- which nominations were received by the Sen- of Securities Held with an Intermediary ate and appeared in the Congressional ate and appeared in the Congressional (without printed report); Record on May 11, 2016. (minus 1 nominee: Record on June 9, 2016. Treaty Doc. 114–10: Extradition Treaty Jonathan L. Schmitz) Navy nominations beginning with Jodie K. with the Dominican Republic (without print- Navy nominations beginning with Michael Cornell and ending with Sean B. Robertson, ed report); B. Bilzor and ending with Matthew A. which nominations were received by the Sen- Treaty Doc. 113–6: Extradition Treaty with Testerman, which nominations were received ate and appeared in the Congressional the Republic of Chile (without printed re- by the Senate and appeared in the Congres- Record on June 9, 2016. port); sional Record on May 11, 2016. Navy nominations beginning with Patricia Treaty Doc. 114–11: Treaty with Navy nominations beginning with Paul D. H. Ajoy and ending with Wade C. Thames, Kazakhstan on Mutual Legal Assistance in Clifford and ending with Dianna Wolfson, which nominations were received by the Sen- Criminal Matters (without printed report); which nominations were received by the Sen- ate and appeared in the Congressional Treaty Doc. 114–3: Treaty with Algeria on ate and appeared in the Congressional Record on June 9, 2016. Mutual Legal Assistance in Criminal Mat- Navy nominations beginning with Erin M. Record on May 11, 2016. ters (without printed report); and Navy nominations beginning with Errol A. Ceschini and ending with Giancarlo Treaty Doc. 114–4: Treaty with Jordan on Campbell, Jr. and ending with Jeffrey M. Waghelstein, which nominations were re- Mutual Legal Assistance in Criminal Mat- Vicario, which nominations were received by ceived by the Senate and appeared in the ters (without printed report). the Senate and appeared in the Congres- Congressional Record on June 9, 2016. Navy nomination of Thomas W. Luton, to The text of the committee-rec- sional Record on May 11, 2016. be Lieutenant Commander. ommended resolutions of advice and Navy nominations beginning with Jeffrey Navy nominations beginning with Jennifer consent to ratification are as follows: J. Chown and ending with Bret A. Washburn, L. Donahue and ending with Robert R. Steen, [Treaty Doc. 110–19 Treaty on Plant Genetic which nominations were received by the Sen- which nominations were received by the Sen- Resources for Food and Agriculture] ate and appeared in the Congressional ate and appeared in the Congressional Record on May 11, 2016. Record on June 23, 2016. RESOLUTION OF ADVICE AND CONSENT TO RATI- Navy nominations beginning with Brook Navy nominations beginning with Steven FICATION OF THE INTERNATIONAL TREATY ON Dewalt and ending with Philip R. Rosi II, D. Bartell and ending with Ron P. Neitzke, PLANT GENETIC RESOURCES FOR FOOD AND which nominations were received by the Sen- which nominations were received by the Sen- AGRICULTURE ate and appeared in the Congressional ate and appeared in the Congressional Resolved, (two-thirds of the Senators present Record on May 11, 2016. Record on June 23, 2016. concurring therein), Navy nominations beginning with Aaron C. Navy nominations beginning with Nathan Section 1. Senate Advice and Consent Sub- Hoff and ending with John M. Tully, which Johnston and ending with Roger D. ject to an Understanding and a Declaration. nominations were received by the Senate and Musselman, which nominations were re- The Senate advises and consents to the appeared in the Congressional Record on ceived by the Senate and appeared in the ratification of the International Treaty on May 11, 2016. Congressional Record on June 23, 2016. Plant Genetic Resources for Food and Agri- Navy nomination of Daniel L. Christensen, Navy nominations beginning with Philip culture, adopted by the Food and Agri- to be Lieutenant Commander. Armas, Jr. and ending with Christopher D. culture Organization of the United Nations Navy nomination of Howard D. Watt, to be Thompson, which nominations were received on November 3, 2001, and signed by the Commander. by the Senate and appeared in the Congres- United States of America on November 1, Navy nomination of Daniel Morales, to be sional Record on June 23, 2016. 2002 (the ‘‘Treaty’’) (Treaty Doc. 110–19), sub- Commander. Navy nominations beginning with Cath- ject to the understanding of section 2 and Navy nomination of Stefan M. Groetsch, to erine O. Durham and ending with Rebecca A. the declaration of section 3. be Captain. Zornado, which nominations were received Sec. 2. Understanding. Navy nomination of Jeffrey M. Bierley, to by the Senate and appeared in the Congres- The advice and consent of the Senate be Captain. sional Record on June 23, 2016. under section 1 is subject to the following Navy nomination of Michael G. Zakaroff, Navy nominations beginning with James understanding, which shall be included in to be Lieutenant Commander. H. Burns and ending with Rebecca S. Snyder, the United States instrument of ratification: Navy nominations beginning with Ron J. which nominations were received by the Sen- The United States of America understands Arellano and ending with William M. Wilson, ate and appeared in the Congressional that Article 12.3d shall not be construed in a which nominations were received by the Sen- Record on June 23, 2016. manner that diminishes the availability or ate and appeared in the Congressional Navy nominations beginning with John M. exercise of intellectual property rights under Record on June 9, 2016. Hardham and ending with Martin W. national laws. Navy nominations beginning with Katie M. Wadewitz II, which nominations were re- Sec. 3. Declaration. Abdallah and ending with Nathan J. Winters, ceived by the Senate and appeared in the The advice and consent of the Senate which nominations were received by the Sen- Congressional Record on June 23, 2016. under section 1 is subject to the following ate and appeared in the Congressional Navy nominations beginning with Philip J. declaration: The Treaty is not self-exe- Record on June 9, 2016. Abeldt and ending with Michael B. Vener, cuting. Navy nominations beginning with Matthew which nominations were received by the Sen- [Treaty Doc. 112–6 The Convention on the J. Acanfora and ending with Joseph A. ate and appeared in the Congressional Law Applicable to Certain Rights in Re- Zerby, which nominations were received by Record on June 23, 2016. the Senate and appeared in the Congres- Navy nominations beginning with Lauren spect of Securities Held with an Inter- sional Record on June 9, 2016. P. Archer and ending with Alissa G. Speziale, mediary] Navy nominations beginning with Kenneth which nominations were received by the Sen- RESOLUTION OF ADVICE AND CONSENT TO RATI- O. Allison, Jr. and ending with Timothy L. ate and appeared in the Congressional FICATION OF THE CONVENTION ON THE LAW Yeich, which nominations were received by Record on June 23, 2016. APPLICABLE TO CERTAIN RIGHTS IN RESPECT the Senate and appeared in the Congres- *Nomination was reported with rec- OF SECURITIES HELD WITH AN INTERMEDIARY sional Record on June 9, 2016. ommendation that it be confirmed sub- Resolved, (two-thirds of the Senators present Navy nominations beginning with Ben- concurring therein), jamin P. Abbott and ending with Richard J. ject to the nominee’s commitment to Section 1. Senate Advice and Consent Sub- Zamberlan, which nominations were received respond to requests to appear and tes- ject to a Declaration. by the Senate and appeared in the Congres- tify before any duly constituted com- The Senate advises and consents to the sional Record on June 9, 2016. mittee of the Senate. ratification of the Convention on the Law

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.013 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4641 Applicable to Certain Rights in Respect of [Treaty Doc. 114–3 Treaty with Algeria on the realization of the settlement; to the Securities Held with an Intermediary, done Mutual Legal Assistance in Criminal Mat- Committee on Banking, Housing, and Urban at The Hague on July 5, 2006, and signed by ters] Affairs. the United States on that same day (the RESOLUTION OF ADVICE AND CONSENT TO RATI- By Mr. REID (for himself, Mr. DURBIN, ‘‘Convention’’) (Treaty Doc. 112–6), subject to FICATION OF THE TREATY BETWEEN THE GOV- Mr. SCHUMER, Mrs. MURRAY, Mr. the declaration of section 2. ERNMENT OF THE UNITED STATES OF AMER- LEAHY, Mr. CARPER, and Mr. CARDIN): Sec. 2. Declaration. ICA AND THE GOVERNMENT OF THE PEOPLE’S S. 3106. A bill to provide a coordinated re- gional response to effectively manage the en- The advice and consent of the Senate REPUBLIC OF ALGERIA ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS demic violence and humanitarian crisis in El under section 1 is subject to the following Salvador, Guatemala, and Honduras; to the Resolved, (two-thirds of the Senators present declaration: The Convention is self-exe- Committee on the Judiciary. cuting. concurring therein), Section 1. Senate Advice and Consent Sub- f [Treaty Doc. 114–10 Extradition Treaty with ject to a Declaration. the Dominican Republic] The Senate advises and consents to the SUBMISSION OF CONCURRENT AND SENATE RESOLUTIONS RESOLUTION OF ADVICE AND CONSENT TO RATI- ratification of the Treaty Between the Gov- FICATION OF THE EXTRADITION TREATY BE- ernment of the United States of America and The following concurrent resolutions TWEEN THE GOVERNMENT OF THE UNITED the Government of the People’s Republic of and Senate resolutions were read, and STATES OF AMERICA AND THE GOVERNMENT Algeria on Mutual Legal Assistance in referred (or acted upon), as indicated: OF THE DOMINICAN REPUBLIC Criminal Matters, signed at Washington on April 7, 2010 (Treaty Doc. 114–3), subject to By Mr. KING (for himself, Ms. COLLINS, Resolved, (two-thirds of the Senators present the declaration of section 2. Mr. MARKEY, Mr. REED, Mr. MURPHY, concurring therein), Sec. 2. Declaration. Mr. WHITEHOUSE, Ms. AYOTTE, Mr. BLUMENTHAL, and Mrs. SHAHEEN): Section 1. Senate Advice and Consent Sub- The advice and consent of the Senate S. Res. 513. A resolution designating Sep- ject to a Declaration. under section 1 is subject to the following declaration: The Treaty is self-executing. tember 25, 2016, as ‘‘National Lobster Day’’; The Senate advises and consents to the to the Committee on the Judiciary. [Treaty Doc. 114–4 Treaty with Jordan on ratification of the Treaty Between the Gov- By Mr. DAINES (for himself and Mr. Mutual Legal Assistance in Criminal Mat- ernment of the United States of America and TESTER): ters] the Government of the Dominican Republic, S. Res. 514. A resolution designating May 5, signed at Santo Domingo on January 12, 2015 RESOLUTION OF ADVICE AND CONSENT TO RATI- 2017, as the ‘‘National Day of Awareness for (Treaty Doc. 114–10), subject to the declara- FICATION OF THE TREATY BETWEEN THE GOV- Missing and Murdered Native Women and tion of section 2. ERNMENT OF THE UNITED STATES OF AMER- Girls’’; to the Committee on the Judiciary. ICA AND THE GOVERNMENT OF THE Sec. 2. Declaration. f HASHEMITE KINGDOM OF JORDAN ON MUTUAL The advice and consent of the Senate LEGAL ASSISTANCE IN CRIMINAL MATTERS under section 1 is subject to the following ADDITIONAL COSPONSORS Resolved, (two-thirds of the Senators present declaration: The Treaty is self-executing. S. 6 concurring therein), [Treaty Doc. 113–6 Extradition Treaty with Section 1. Senate Advice and Consent Sub- At the request of Mr. UDALL, the the Republic of Chile] ject to a Declaration. name of the Senator from New Hamp- The Senate advises and consents to the shire (Mrs. SHAHEEN) was added as a co- RESOLUTION OF ADVICE AND CONSENT TO RATI- ratification of the Treaty Between the Gov- sponsor of S. 6, a bill to reform our FICATION OF THE EXTRADITION TREATY BE- ernment of the United States of America and TWEEN THE GOVERNMENT OF THE UNITED government, reduce the grip of special the Government of the Hashemite Kingdom STATES OF AMERICA AND THE REPUBLIC OF interest, and return our democracy to of Jordan on Mutual Legal Assistance in CHILE the American people through increased Criminal Matters, signed at Washington on Resolved, (two-thirds of the Senators present October 1, 2013 (Treaty Doc. 114–4), subject to transparency and oversight of our elec- concurring therein), the declaration of section 2. tions and government. Section 1. Senate Advice and Consent Sub- Sec. 2. Declaration. S. 217 ject to a Declaration. The advice and consent of the Senate At the request of Mr. KAINE, his under section 1 is subject to the following name was added as a cosponsor of S. The Senate advises and consents to the declaration: The Treaty is self-executing. ratification of the Treaty Between the Gov- 217, a bill to protect a woman’s right to ernment of the United States of America and f determine whether and when to bear a the Government of the Republic of Chile, INTRODUCTION OF BILLS AND child or end a pregnancy by limiting signed at Washington on June 5, 2013 (Treaty JOINT RESOLUTIONS restrictions on the provision of abor- Doc. 113–6), subject to the declaration of sec- tion services. tion 2. The following bills and joint resolu- S. 386 Sec. 2. Declaration. tions were introduced, read the first and second times by unanimous con- At the request of Mr. THUNE, the The advice and consent of the Senate name of the Senator from Connecticut under section 1 is subject to the following sent, and referred as indicated: (Mr. MURPHY) was added as a cosponsor declaration: The Treaty is self-executing. By Mr. HELLER (for himself and Mr. REID): of S. 386, a bill to limit the authority of [Treaty Doc. 114–11 Treaty with Kazakhstan S. 3102. A bill to promote conservation, im- States to tax certain income of em- on Mutual Legal Assistance in Criminal prove public land management, and provide ployees for employment duties per- Matters] for sensible development in Pershing County, formed in other States. Nevada, and for other purposes; to the Com- RESOLUTION OF ADVICE AND CONSENT TO RATI- S. 827 FICATION OF THE TREATY BETWEEN THE mittee on Energy and Natural Resources. By Mr. SCOTT: At the request of Ms. KLOBUCHAR, the UNITED STATES OF AMERICA AND THE RE- name of the Senator from Wisconsin PUBLIC OF KAZAKHSTAN ON MUTUAL LEGAL S. 3103. A bill to establish Fort Sumter and ALDWIN ASSISTANCE IN CRIMINAL MATTERS Fort Moultrie National Park in the State of (Ms. B ) was added as a cospon- South Carolina, and for other purposes; to sor of S. 827, a bill to amend the Com- Resolved, (two-thirds of the Senators present the Committee on Energy and Natural Re- munications Act of 1934 to ensure the concurring therein), sources. integrity of voice communications and Section 1. Senate Advice and Consent Sub- By Mr. MARKEY (for himself and Ms. to prevent unjust or unreasonable dis- ject to a Declaration. WARREN): crimination among areas of the United The Senate advises and consents to the S. 3104. A bill to establish the Plymouth 400th Commemoration Commission, and for States in the delivery of such commu- ratification of the Treaty Between the nications. United States of America and the Republic other purposes; to the Committee on the Ju- of Kazakhstan on Mutual Legal Assistance diciary. S. 849 in Criminal Matters, signed at Washington By Mr. MARKEY (for himself and Ms. At the request of Mr. ISAKSON, the on February 20, 2015 (Treaty Doc. 114–11), WARREN): name of the Senator from West Vir- S. 3105. A bill to require the Secretary of subject to the declaration of section 2. ginia (Mrs. CAPITO) was added as a co- the Treasury to mint coins in commemora- Sec. 2. Declaration. tion of the 400th anniversary of the landing sponsor of S. 849, a bill to amend the The advice and consent of the Senate and settlement of Plymouth Colony, the Public Health Service Act to provide under section 1 is subject to the following signing of the Mayflower Compact, and the for systematic data collection and declaration: The Treaty is self-executing. role of the indigenous Wampanoag tribes in analysis and epidemiological research

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.017 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4642 CONGRESSIONAL RECORD — SENATE June 28, 2016 regarding Multiple Sclerosis (MS), Par- Oklahoma (Mr. LANKFORD) and the S. 2878 kinson’s disease, and other neuro- Senator from Indiana (Mr. COATS) were At the request of Mr. RUBIO, the logical diseases. added as cosponsors of S. 2531, a bill to name of the Senator from Arkansas S. 2009 authorize State and local governments (Mr. BOOZMAN) was added as a cospon- At the request of Mr. WYDEN, the to divest from entities that engage in sor of S. 2878, a bill to amend the Inter- name of the Senator from Minnesota commerce-related or investment-re- national Religious Freedom Act of 1998 (Mr. FRANKEN) was added as a cospon- lated boycott, divestment, or sanctions to improve the ability of the United sor of S. 2009, a bill to prohibit the sale activities targeting Israel, and for States to advance religious freedom of arms to Bahrain. other purposes. globally through enhanced diplomacy, S. 2193 S. 2595 training, counterterrorism, and foreign assistance efforts, and through strong- At the request of Mr. CRUZ, the name At the request of Mr. CRAPO, the of the Senator from Nebraska (Mr. names of the Senator from South Caro- er and more flexible political responses to religious freedom violations and vio- SASSE) was added as a cosponsor of S. lina (Mr. GRAHAM) and the Senator lent extremism worldwide, and for 2193, a bill to amend the Immigration from New Mexico (Mr. HEINRICH) were and Nationality Act to increase pen- added as cosponsors of S. 2595, a bill to other purposes. alties for individuals who illegally re- amend the Internal Revenue Code of S. 2941 enter the United States after being re- 1986 to permanently extend the rail- At the request of Ms. AYOTTE, the moved and for other purposes. road track maintenance credit. name of the Senator from Illinois (Mr. KIRK) was added as a cosponsor of S. S. 2196 S. 2633 2941, a bill to require a study on women At the request of Mr. CASEY, the At the request of Mr. TESTER, the and lung cancer, and for other pur- name of the Senator from Arkansas name of the Senator from Wisconsin poses. (Mr. BOOZMAN) was added as a cospon- (Ms. BALDWIN) was added as a cospon- S. 2971 sor of S. 2196, a bill to amend title sor of S. 2633, a bill to improve the abil- At the request of Mr. PORTMAN, the XVIII of the Social Security Act to ity of the Secretary of Veterans Affairs name of the Senator from California provide for the non-application of to provide health care to veterans (Mrs. FEINSTEIN) was added as a co- Medicare competitive acquisition rates through non-Department health care sponsor of S. 2971, a bill to authorize to complex rehabilitative wheelchairs providers, and for other purposes. the National Urban Search and Rescue and accessories. S. 2641 Response System. S. 2216 At the request of Mr. SCHUMER, the S. 3083 At the request of Ms. COLLINS, the name of the Senator from Connecticut At the request of Mr. MENENDEZ, the name of the Senator from North Caro- (Mr. BLUMENTHAL) was added as a co- names of the Senator from Vermont lina (Mr. TILLIS) was added as a co- sponsor of S. 2641, a bill to amend the (Mr. LEAHY) and the Senator from Ar- sponsor of S. 2216, a bill to provide im- Public Health Service Act, in relation kansas (Mr. BOOZMAN) were added as munity from suit for certain individ- to requiring adrenoleukodystrophy cosponsors of S. 3083, a bill to provide uals who disclose potential examples of screening of newborns. housing opportunities in the United financial exploitation of senior citi- S. 2690 States through modernization of var- zens, and for other purposes. At the request of Mr. MANCHIN, the ious housing programs, and for other At the request of Mrs. MCCASKILL, name of the Senator from Indiana (Mr. purposes. the name of the Senator from North DONNELLY) was added as a cosponsor of S. 3089 Dakota (Ms. HEITKAMP) was added as a S. 2690, a bill to amend the Pittman- At the request of Ms. BALDWIN, the cosponsor of S. 2216, supra. Robertson Wildlife Restoration Act to name of the Senator from New York S. 2219 modernize the funding of wildlife con- (Mr. SCHUMER) was added as a cospon- At the request of Mrs. SHAHEEN, the servation, and for other purposes. sor of S. 3089, a bill to amend title VII names of the Senator from Minnesota S. 2707 of the Civil Rights Act of 1964 and (Ms. KLOBUCHAR) and the Senator from At the request of Mr. SCOTT, the other statutes to clarify appropriate li- Michigan (Mr. PETERS) were added as name of the Senator from Alaska (Ms. ability standards for Federal anti- cosponsors of S. 2219, a bill to require MURKOWSKI) was added as a cosponsor discrimination claims. the Secretary of Commerce to conduct of S. 2707, a bill to require the Sec- S. 3100 an assessment and analysis of the out- retary of Labor to nullify the proposed At the request of Mr. TOOMEY, the door recreation economy of the United rule regarding defining and delimiting name of the Senator from Oklahoma States, and for other purposes. the exemptions for executive, adminis- (Mr. INHOFE) was added as a cosponsor S. 2283 trative, professional, outside sales, and of S. 3100, a bill to ensure that State At the request of Mr. DAINES, the computer employees, to require the and local law enforcement may cooper- name of the Senator from Idaho (Mr. Secretary of Labor to conduct a full ate with Federal officials to protect CRAPO) was added as a cosponsor of S. and complete economic analysis with our communities from violent crimi- 2283, a bill to ensure that small busi- improved economic data on small busi- nals and suspected terrorists who are ness providers of broadband Internet nesses, nonprofit employers, Medicare illegally present in the United States. access service can devote resources to or Medicaid dependent health care pro- S. RES. 503 broadband deployment rather than viders, and small governmental juris- At the request of Mr. CARDIN, the compliance with cumbersome regu- dictions, and all other employers, and name of the Senator from Oregon (Mr. latory requirements. minimize the impact on such employ- MERKLEY) was added as a cosponsor of S. 2373 ers, before promulgating any substan- S. Res. 503, a resolution recognizing At the request of Ms. CANTWELL, the tially similar rule, and to provide a June 20, 2016, as ‘‘World Refugee Day’’. name of the Senator from Connecticut rule of construction regarding the sal- S. RES. 504 (Mr. BLUMENTHAL) was added as a co- ary threshold exemption under the At the request of Mr. BOOZMAN, the sponsor of S. 2373, a bill to amend title Fair Labor Standards Act of 1938, and names of the Senator from Oregon (Mr. XVIII of the Social Security Act to for other purposes. WYDEN), the Senator from Minnesota provide for Medicare coverage of cer- S. 2864 (Ms. KLOBUCHAR) and the Senator from tain lymphedema compression treat- At the request of Mr. WYDEN, the Arkansas (Mr. COTTON) were added as ment items as items of durable medical name of the Senator from Oregon (Mr. cosponsors of S. Res. 504, a resolution equipment. MERKLEY) was added as a cosponsor of recognizing the 70th anniversary of the S. 2531 S. 2864, a bill to amend title XVIII of Fulbright Program. At the request of Mr. KIRK, the the Social Security Act to prevent cat- At the request of Mr. CORKER, the names of the Senator from Maine (Ms. astrophic out-of-pocket spending on name of the Senator from Florida (Mr. COLLINS), the Senator from North Caro- prescription drugs for seniors and indi- RUBIO) was added as a cosponsor of S. lina (Mr. BURR), the Senator from viduals with disabilities. Res. 504, supra.

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S. RES. 508 TITLE II—CRACKING DOWN ON SMUG- Subtitle B—Reducing Significant Delays in At the request of Mr. RUBIO, the GLERS, CARTELS, AND TRAFFICKERS Immigration Court names of the Senator from Michigan EXPLOITING CHILDREN AND FAMILIES Sec. 521. Eliminate immigration court back- (Ms. STABENOW) and the Senator from Subtitle A—Strengthening Cooperation logs. Among Law Enforcement Agencies to Tar- Sec. 522. Improved training for immigration West Virginia (Mrs. CAPITO) were added get Smugglers and Traffickers judges and members of the as cosponsors of S. Res. 508, a resolu- Board of Immigration Appeals. tion expressing support for the expedi- Sec. 211. Enhanced international coopera- tion to combat human smug- Sec. 523. New technology to improve court tious consideration and finalization of gling and trafficking. efficiency. a new, robust, and long-term Memo- Sec. 212. Enhanced investigation and pros- Subtitle C—Reducing the Likelihood of randum of Understanding on military ecution of human smuggling Remigration assistance to Israel between the United and trafficking. Sec. 531. Establishing reintegration and States Government and the Govern- Sec. 213. Information campaign on dangers monitoring services for repa- ment of Israel. of migration. triating children. Subtitle B—Strengthening the Ability of the SEC. 2. FINDINGS. f United States Government to Crack Down Congress finds the following: on Smugglers, Traffickers, and Drug Car- (1) Since 2006, incidents of murder, other STATEMENTS ON INTRODUCED tels violent crime, and corruption perpetrated by BILLS AND JOINT RESOLUTIONS Sec. 221. Enhanced penalties for organized armed criminal gangs and illicit trafficking smuggling schemes. organizations have risen alarmingly in El By Mr. REID (for himself, Mr. Sec. 222. Expanding financial sanctions on Salvador, Guatemala and Honduras (referred DURBIN, Mr. SCHUMER, Mrs. narcotics trafficking and to in this Act as the ‘‘Northern Triangle’’). MURRAY, Mr. LEAHY, Mr. CAR- money laundering. (2) In 2013, Honduras had the highest per PER, and Mr. CARDIN): Subtitle C—Creating New Penalties for Hin- capita homicide rate of any nation in the S. 3106. A bill to provide a coordi- dering Immigration, Border, and Customs world, with 90.4 murders for every 100,000 nated regional response to effectively Controls people in the country. El Salvador and Gua- temala were in the top 5 countries with the manage the endemic violence and hu- Sec. 231. Hindering immigration, border, and highest per capita homicide rates. manitarian crisis in El Salvador, Gua- customs controls. (3) Since 2013, El Salvador’s murder rate temala, and Honduras; to the Com- TITLE III—MINIMIZING BORDER CROSS- rose sharply to become the highest of any mittee on the Judiciary. INGS BY EXPANDING PROCESSING OF country in the world in 2015 at 108.5 homi- Mr. REID. Mr. President, I ask unan- REFUGEE CHILDREN AND FAMILIES IN- cides for every 100,000 people, following a imous consent that the text of the bill COUNTRY AND IN THE REGION dramatic escalation of violence between the Subtitle A—Providing Alternative Safe be printed in the RECORD. country’s 2 largest armed criminal gangs, Havens in Mexico and the Region There being no objection, the text of Mara Salvatrucha (commonly known as ‘‘MS-13’’) and Barrio 18. the bill was ordered to be printed in Sec. 311. Strengthening internal asylum sys- tems in Mexico and other coun- (4) According to the United Nations Inter- the RECORD, as follows: tries. national Children’s Emergency Fund S. 3106 Subtitle B—Expanding Refugee Processing (UNICEF), the per capita homicide rate for Be it enacted by the Senate and House of Rep- in Mexico and Central America for Third children in El Salvador and Guatemala is resentatives of the United States of America in Country Resettlement higher than any other country in the world. In 2014, 27 out of every 100,000 children were Congress assembled, Sec. 321. Expanding refugee processing in murdered in El Salvador. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Mexico and Central America for (5) According to the United Nations High (a) SHORT TITLE.—This Act may be cited as third country resettlement. Commissioner for Refugees (UNHCR), Hon- the ‘‘Secure the Northern Triangle Act’’. Subtitle C—Improving the Efficiency of the duras and El Salvador have the highest per (b) TABLE OF CONTENTS.—The table of con- Central American Minors Program capita female homicide rates in the world. In tents for this Act is as follows: Sec. 331. Expansion. 2014, 90 out of every 100,000 females were Sec. 1. Short title; table of contents. Sec. 332. Expedited processing. murdered in Honduras Sec. 2. Findings. Sec. 333. Referral to UNHCR. (6) In April 2016, UNHCR’s spokesperson Sec. 3. Sense of Congress. TITLE IV—MONITORING AND SUP- stated, ‘‘The number of people fleeing vio- Sec. 4. Definitions. PORTING UNACCOMPANIED ALIEN lence in Central America has surged to levels TITLE I—ADVANCING REFORMS IN CEN- CHILDREN AFTER PROCESSING AT THE not seen since the region was wracked by TRAL AMERICA TO ADDRESS THE FAC- BORDER armed conflicts in the 1980s. Action is ur- TORS DRIVING MIGRATION Sec. 401. Definitions; authorization of appro- gently needed to ensure that unaccompanied Subtitle A—Strengthening the Capacity of priations. children and others receive the protection to Central American Governments to Protect Subtitle A—Strengthening the Government’s which they are entitled.’’. and Provide for Their Own People Ability to Oversee the Safety and Well- (7) Since 2013, individuals fleeing the Northern Triangle have sought sanctuary in Sec. 111. Authorization of appropriations for Being of Children neighboring countries and there has recently United States strategy for en- Sec. 411. Background checks to ensure the been a 1,185 percent increase in the number gagement in Central America. safe placement of unaccom- of asylum applications from citizens of El Sec. 112. Strengthening the rule of law and panied alien children. Salvador, Guatemala, and Honduras to the combating corruption. Sec. 412. Responsibility of sponsor for immi- Governments of Mexico, Panama, Nicaragua, Sec. 113. Combating criminal violence and gration court compliance and Costa Rica and Belize. improving citizen security. child well-being. (8) Unaccompanied minors from the North- Sec. 114. Tackling extreme poverty and ad- Sec. 413. Monitoring unaccompanied alien ern Triangle now make up the majority of vancing economic development. children. unaccompanied minors encountered at the Subtitle B—Funding to States and School Subtitle B—Conditions, Limitations, and international border between the United Districts; Supporting Education and Safety Certifications on United States Assistance States and Mexico, with the fastest increase Sec. 121. Assistance funding available with- Sec. 421. Funding to States to conduct State occurring among children younger than 12 out condition. criminal checks and child abuse years of age. Sec. 122. Conditions on assistance related to and neglect checks. (9) Human smugglers are increasingly re- smuggling, screening, and safe- Sec. 422. Funding to school districts for un- sponsible for the transit of migrants from ty of migrants. accompanied alien children. the Northern Triangle to the United States. Sec. 423. Immediate enrollment of unaccom- Sec. 123. Conditions on assistance related to According to the Government Account- panied alien children in progress on specific issues. ability Office, human smugglers frequently schools. Subtitle C—Effectively Coordinating United use aggressive and misleading marketing to TITLE V—ENSURING ORDERLY AND HU- States Engagement in Central America recruit migrants. MANE MANAGEMENT OF CHILDREN (10) Many female migrants face rape and Sec. 131. United States Coordinator for En- AND FAMILIES SEEKING PROTECTION sexual violence during the journey, either gagement in Central America. Subtitle A—Providing a Fair and Efficient from smugglers or others encountered on the Subtitle D—United States Leadership for Legal Process for Children and Vulnerable route, or risk being trafficked for sex or Engaging International Donors and Partners Families Seeking Asylum labor. Sec. 141. Requirement for strategy to secure Sec. 511. Court appearance compliance and (11) Challenges to the rule of law in the support of international donors legal orientation. Northern Triangle have been exacerbated by and partners. Sec. 512. Fair day in court for kids. the limited ability and lack of political will

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.016 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4644 CONGRESSIONAL RECORD — SENATE June 28, 2016 on the part of governments to investigate Guatemala, and of Honduras, with the tech- 2017 to carry out the United States Strategy and prosecute those responsible for murder. nical assistance of the Inter-American De- for Engagement in Central America, as de- In 2014, approximately 95 percent of murders velopment Bank, represents a comprehensive fined by the objectives set forth in sub- remained unresolved in Honduras and El Sal- approach to address the complex situation in section (b). Amounts appropriated pursuant vador. the Northern Triangle; to this subsection shall remain available (12) The presence of major drug trafficking (5) the U.S. Strategy for Engagement in until expended. organizations in the Northern Triangle con- Central America, as articulated by President (b) USE OF FUNDS.—Amounts appropriated tributes to violence, corruption, and crimi- Obama and Vice President Biden, provides pursuant to subsection (a) may be made nality. The 2016 International Narcotics Con- important support for the Alliance for Pros- available for assistance to Central American trol Strategy Report prepared by the Depart- perity and other United States national se- countries to implement the United States ment of State estimated that ‘‘approxi- curity priorities, including rule of law and Strategy for Engagement in Central America mately 90 percent of the cocaine trafficked anti-corruption initiatives; in support of the Plan, including efforts— to the United States in the first half of 2015 (6) combating corruption in the Northern (1) to strengthen the rule of law and bol- first transited through the Mexico/Central Triangle must remain a critical priority and ster the effectiveness of judicial systems, America corridor’’. the United Nation’s Commission Against Im- public prosecutors’ offices, and civilian po- (13) Widespread public sector corruption in punity in Guatemala (CICIG) and the Organi- lice forces; the Northern Triangle undermines economic zation of American States’ Mission to Sup- (2) to combat corruption and improve pub- and social development and directly affects port the Fight Against Corruption and Impu- lic sector transparency; regional political stability, as demonstrated nity in Honduras (MACCIH) are important (3) to confront and counter the violence by the indictment and resignation of former contributions to this effort; and crime perpetrated by armed criminal Guatemalan president Otto Perez Molina on (7) the CAM Program provides a safe, legal, gangs, illicit trafficking organizations, and corruption charges. and orderly alternative to children fleeing organized crime; (14) Human rights defenders, journalists, violence in the Northern Triangle; (4) to disrupt money laundering operations trade unionists, social leaders, and LGBT ac- (8) the United States must— and the illicit financial networks of armed tivists in the Northern Triangle face dire (A) expand the CAM Program to ensure the criminal gangs, illicit trafficking organiza- conditions, as evidenced by the March 2016 safe and orderly processing of refugee chil- tions, and human smugglers; murder of Honduran activist Berta Ca´ ceres dren in the region; (5) to strengthen democratic governance and the targeted killing of more than 200 (B) strengthen internal asylum systems in and promote greater respect for internation- such civil society leaders since 2006. Almost Mexico and other countries in the region to ally-recognized human rights, labor rights, none of these cases have resulted in convic- protect and process eligible children and fundamental freedoms, and the media; tions. families, including establishing and expand- (6) to enhance the capability of Central (15) The Northern Triangle struggles with ing in-country reception centers; American governments to protect and pro- high levels of economic insecurity. In 2014, (C) expand access to legal representation vide for vulnerable and at-risk populations; more than 62 percent of Hondurans, more for unaccompanied alien children facing (7) to address the underlying causes of pov- than 59 percent of Guatemalans, and more United States immigration proceedings; and erty and inequality; and than 31 percent of Salvadorans lived below (D) reduce delays in immigration courts, (8) to address the constraints to inclusive the poverty line. which contribute to misinformation that mi- economic growth in Central America. (16) Weak investment climates and low lev- grants who come to the United States will (c) PRIORITIZATION.—The Secretary of els of educational opportunity are barriers to not be removed; and State and the Administrator of the United inclusive economic growth and social devel- (9) it is imperative for the United States to States Agency for International Develop- opment in the Northern Triangle. sustain a long-term commitment to address- ment shall prioritize the provision of assist- (17) Although the CAM Program has ap- ing the factors causing Central Americans to ance authorized under this section to address proval rates of nearly 98 percent, due to lim- flee their countries by strengthening citizen the key factors in Central American coun- ited resources, of the 8,920 children that have security, the rule of law, democratic govern- tries that contribute to the flight of unac- applied for humanitarian protection, only 626 ance, the protection of human rights, and in- companied alien children and other individ- have been conditionally approved and only clusive economic growth in the Northern uals to the United States. 368 have entered the United States. Triangle. SEC. 112. STRENGTHENING THE RULE OF LAW AND COMBATING CORRUPTION. (18) Approximately 50 percent of unaccom- SEC. 4. DEFINITIONS. (a) IN GENERAL.—Of the amounts appro- panied minors facing United States immigra- In this Act: priated pursuant to section 111(a), $260,000,000 tion proceedings receive legal representa- (1) CAM PROGRAM.—The term ‘‘CAM Pro- may be made available to the Secretary of tion. Children with legal counsel appeared at gram’’ means the Central American Minors State and the Administrator of the United their hearings more than 95 percent of the Refugee/Parole Program administered by States Agency for International Develop- time. U.S. Citizenship and Immigration Services. ment to strengthen the rule of law, combat (19) As of May 2016, 492,978 cases were pend- (2) INTELLIGENCE COMMUNITY.—The term corruption, consolidate democratic govern- ing before immigration courts, with such ‘‘intelligence community’’ has the meaning ance, and defend human rights. cases taking an average of 553 days to reach given the term in section 3(4) of the National (b) ASSISTANCE FOR CENTRAL AMERICA.— a final decision. Security Act of 1947 (50 U.S.C. 3003(4)). The Secretary and the Administrator may SEC. 3. SENSE OF CONGRESS. (3) NORTHERN TRIANGLE.—The term ‘‘North- use the amounts made available under sub- It is the sense of Congress that— ern Triangle’’ means the El Salvador, Guate- section (a) to provide assistance for Central (1) the United States must address the vio- mala, and Honduras. American countries through the activities lence and humanitarian crisis resulting in (4) PLACEMENT.—The term ‘‘placement’’ described in subsection (c). the elevated numbers of unaccompanied chil- means the placement of an unaccompanied (c) AUTHORIZED ACTIVITIES.—Activities de- dren, women, and refugees from the North- alien child with a sponsor. scribed in this section include— ern Triangle arriving at the Southwestern (5) PLAN.—The term ‘‘Plan’’ means the (1) strengthening the rule of law in Central border of the United States; Plan of the Alliance for Prosperity in the American countries by providing support (2) the violence and humanitarian crisis Northern Triangle. for— has been prompted by the severe challenges (6) SPONSOR.—The term ‘‘sponsor’’ means a (A) the Office of the Attorney General and posed by— sponsor referred to in section 462(b)(4) of the public prosecutors in each such country, in- (A) high rates of homicide, sexual violence, Homeland Security Act of 2002 (6 U.S.C. cluding the enhancement of their forensics and violent crime perpetrated by armed 279(b)(4)). and communications interception capabili- criminal actors; (7) UNACCOMPANIED ALIEN CHILD.—The term ties; (B) endemic corruption; and ‘‘unaccompanied alien child’’ has the mean- (B) reforms leading to independent, merit- (C) the limited ability and the lack of po- ing given the term in section 462(g) of the based, selection processes for judges and litical will on the part of governments to Homeland Security Act of 2002 (6 U.S.C. prosecutors, and relevant ethics and profes- protect their citizens and uphold the rule of 279(g)). sional training; law in the Northern Triangle; TITLE I—ADVANCING REFORMS IN CEN- (C) the improvement of victim and witness (3) the United States must work with TRAL AMERICA TO ADDRESS THE FAC- protection; and international partners— TORS DRIVING MIGRATION (D) the reform and improvement of prison (A) to address the complicated conditions Subtitle A—Strengthening the Capacity of facilities and management; in the Northern Triangle that contribute to Central American Governments to Protect (2) combating corruption by providing sup- the violence and humanitarian crisis; and and Provide for Their Own People port for— (B) to protect vulnerable populations, par- SEC. 111. AUTHORIZATION OF APPROPRIATIONS (A) inspectors general and oversight insti- ticularly women and children, fleeing vio- FOR UNITED STATES STRATEGY FOR tutions, including relevant training for in- lence in the region; ENGAGEMENT IN CENTRAL AMER- spectors and auditors; (4) the Plan of the Alliance for Prosperity ICA. (B) international commissions against im- in the Northern Triangle, which was devel- (a) IN GENERAL.—There are authorized to punity, including the International Commis- oped by the Governments of El Salvador, of be appropriated $1,040,000,000 for fiscal year sion Against Impunity in Guatemala (CICIG)

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.021 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4645 and the Support Mission Against Corruption of polygraph capability for use in such proc- (A) small business development centers and Impunity in Honduras (MACCIH); esses; and programs that strengthen supply chain (C) civil society watchdogs conducting (D) port, airport, and border security integration; oversight of executive branch officials and equipment, including— (B) trade facilitation and customs harmo- functions, police and security forces, and ju- (i) computer infrastructure and data man- nization programs; dicial officials and public prosecutors; and agement systems; (C) reducing energy costs through invest- (D) the enhancement of freedom of infor- (ii) secure communications technologies; ments in clean technologies and the reform mation mechanisms; (iii) communications interception tech- of energy policies and regulations; (3) consolidating democratic governance by nology; (D) the improvement of protections for in- providing support for— (iv) nonintrusive inspection equipment; vestors, including dispute resolution and ar- (A) the reform of civil services, related and bitration mechanisms; and training programs, and relevant career laws (v) radar and aerial surveillance equip- (E) the improvement of labor and environ- and processes that lead to independent, ment; mental standards, in accordance with the merit-based selection processes; (3) disrupting illicit financial networks by Dominican Republic–Central America Free (B) national legislatures and their capacity providing support for— Trade Agreement (CAFTA-DR); to conduct oversight of executive branch (A) finance ministries, including the en- (3) strengthening food security by pro- functions; hancement of the capacity to use financial viding support for— (C) the reform of political party and cam- sanctions to block the assets of individuals (A) small-scale agriculture, including tech- paign finance laws; and and organizations involved in money laun- nical training and programs that facilitate (D) local governments and their capacity dering and the financing of armed criminal access to credit; to provide critical safety, education, health, gangs, illicit trafficking networks, human (B) agricultural value chain development and sanitation services to citizens; and smugglers, and organized crime; for farming communities; (4) defending human rights by providing (B) financial intelligence units, including (C) nutrition programs to reduce childhood support for— the establishment and enhancement of anti- stunting rates; and (A) human rights ombudsman offices; money laundering programs; and (D) investment in scientific research on (B) government protection programs that (C) the reform of bank secrecy laws; and climate change and climate resiliency; and provide physical protection to human rights (4) improving crime prevention by pro- (4) improving the state of fiscal and finan- defenders, journalists, trade unionists, and viding support for— cial affairs by providing support for— civil society activists at risk; (A) programs that address domestic vio- (A) domestic revenue generation, including (C) civil society organizations that pro- lence and violence against women; programs to improve tax administration, mote and defend human rights, freedom of (B) the enhancement of programs for at- collection, and enforcement; expression, freedom of the press, labor risk and criminal-involved youth, including (B) strengthening public sector financial rights, and LGBT rights; and the improvement of community centers; and management, including strategic budgeting (D) civil society organizations that address (C) alternative livelihood programs. and expenditure tracking; and sexual, domestic, and inter-partner violence (C) reform of customs and procurement (d) SENSE OF CONGRESS.—It is the sense of policies and processes. against women and protect victims of such Congress that— violence. (1) operational technology transferred to Subtitle B—Conditions, Limitations, and SEC. 113. COMBATING CRIMINAL VIOLENCE AND governments in Central America for intel- Certifications on United States Assistance IMPROVING CITIZEN SECURITY. ligence or law enforcement purposes should SEC. 121. ASSISTANCE FUNDING AVAILABLE (a) IN GENERAL.—Of the amounts appro- be used solely for the purposes for which the WITHOUT CONDITION. priated pursuant to section 111(a), $260,000,000 technology was intended; and The Secretary of State may obligate up to may be made available to the Secretary of (2) the United States should take all nec- 25 percent of the amounts appropriated pur- State and the Administrator of the United essary steps to ensure that the use of oper- suant to section 111(a) to carry out the United States Strategy for Engagement in States Agency for International Develop- ation technology described in paragraph (1) Central America in support of the Plan. ment to counter the violence and crime per- is consistent with United States law, includ- petrated by armed criminal gangs, illicit ing protections of freedom of expression, SEC. 122. CONDITIONS ON ASSISTANCE RELATED TO SMUGGLING, SCREENING, AND trafficking organizations and human smug- freedom of movement, and freedom of asso- SAFETY OF MIGRANTS. glers. ciation. (a) NOTIFICATION AND COOPERATION.—In ad- (b) ASSISTANCE FOR CENTRAL AMERICA.— SEC. 114. TACKLING EXTREME POVERTY AND AD- dition to the amounts authorized to be obli- The Secretary and the Administrator may VANCING ECONOMIC DEVELOP- gated under sections 121 and 123, the Sec- use the amounts made available under sub- MENT. retary of State may obligate an additional 25 section (a) to provide assistance for Central (a) IN GENERAL.—Of the amounts appro- percent of the amounts appropriated pursu- American countries through the activities priated pursuant to section 111(a), $230,000,000 ant to section 111(a) for assistance to the described in subsection (c). may be made available to the Secretary of Government of El Salvador, the Government (c) AUTHORIZED ACTIVITIES.—Activities de- State and the Administrator of the United of Guatemala, and the Government of Hon- scribed in this section include— States Agency for International Develop- duras after the Secretary of State, in con- (1) professionalizing civilian police forces ment— sultation with the Secretary of Homeland by providing support for— (1) to address the underlying causes of pov- Security, certifies and reports to Congress (A) the reform of personnel vetting and dis- that such governments are taking effective erty and inequality; and missal processes, including the enhancement steps, in addition to steps taken during pre- (2) to improve economic development. of polygraph capability for use in such proc- vious years, to— esses; (b) ASSISTANCE FOR CENTRAL AMERICA.— (1) combat human smuggling and traf- (B) inspectors general and oversight of- The Secretary and the Administrator may ficking, including investigating, prosecuting, fices, including relevant training for inspec- use the amounts made available under sub- and increasing penalties for individuals re- tors and auditors; section (a) to provide assistance for Central sponsible for such crimes; (C) community policing policies and pro- American countries through the activities (2) improve border security and border grams; described in subsection (c). screening to detect and deter illicit smug- (D) the establishment of special vetted (c) AUTHORIZED ACTIVITIES.—Activities de- gling and trafficking, while respecting the units; scribed in this section include— rights of individuals fleeing violence and (E) training on the appropriate use of force (1) strengthening human capital by pro- seeking humanitarian protection asylum, in and human rights; viding support for— accordance with international law; (F) training on civilian intelligence collec- (A) workforce development and entrepre- (3) cooperate with United States Govern- tion, investigative techniques, forensic anal- neurship training programs that are driven ment agencies and other governments in the ysis, and evidence preservation; by market demand, specifically programs region to facilitate the safe and timely repa- (G) equipment, such as nonintrusive in- that prioritize women, at-risk youth, and triation of migrants who do not qualify for spection equipment and communications minorities; refugee or other protected status, in accord- interception technology; (B) improving early-grade literacy and the ance with international law; (2) countering illicit trafficking by pro- improvement of primary and secondary (4) improve reintegration services for repa- viding assistance to the civilian law enforce- school curricula; triated migrants in a manner that ensures ment and armed forces of Central American (C) relevant professional training for the safety and well-being of the individual countries, including support for— teachers and educational administrators; and reduces the likelihood of remigration; (A) the establishment of special vetted and and units; (D) educational policy reform and improve- (5) cooperate with the United Nations High (B) the enhancement of intelligence collec- ment of education sector budgeting; Commissioner for Refugees to improve pro- tion capacity; (2) enhancing economic competitiveness tections for, and the processing of, vulner- (C) the reform of personnel vetting and dis- and investment climate by providing support able populations, particularly women and missal processes, including the enhancement for— children fleeing violence.

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.021 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4646 CONGRESSIONAL RECORD — SENATE June 28, 2016 SEC. 123. CONDITIONS ON ASSISTANCE RELATED forts, activities, and programs related to the Secretary of State shall submit a 3-year TO PROGRESS ON SPECIFIC ISSUES. United States engagement in Central Amer- strategy to the appropriate congressional (a) EFFECTIVE IMPLEMENTATION.—In addi- ica, including— committees that— tion to the amounts authorized to be obli- (1) coordinating with the Department of (1) describes how the United States will se- gated under sections 121 and 122, the Sec- State, the Department of Justice (including cure support from international donors and retary of State may obligate an additional 50 the Federal Bureau of Investigation), the De- regional partners (including Colombia and percent of the amounts appropriated pursu- partment of Homeland Security, the intel- Mexico) for the implementation of the Plan; ant to section 111 for assistance to the Gov- ligence community, and international part- (2) identifies governments that are willing ernment of El Salvador, the Government of ners regarding United States efforts to con- to provide financial and technical assistance Guatemala, and the Government of Honduras front armed criminal gangs, illicit traf- for the implementation of the Plan and a de- after the Secretary consults with, and subse- ficking networks, and organized crime re- scription of such assistance; and quently certifies and reports to, the appro- sponsible for high levels of violence, extor- (3) identifies the financial and technical priate congressional committees that such tion, and corruption in Central America; assistance to be provided by multilateral in- governments are taking effective steps in (2) coordinating with the Department of stitutions, including the Inter-American De- their respective countries, in addition to State, the United States Agency for Inter- velopment Bank, the World Bank, the Inter- steps taken during the previous calendar national Development, and international national Monetary Fund, the Andean Devel- year, to— partners regarding United States efforts to opment Corporation - Development Bank of (1) establish an autonomous, publicly ac- prevent and mitigate the effects of violent Latin America, and the Organization of countable entity to provide oversight of the criminal gangs and transnational criminal American States, and a description of such Plan; organizations on vulnerable Central Amer- assistance. (2) combat corruption, including inves- ican populations, including women and chil- (b) DIPLOMATIC ENGAGEMENT AND COORDI- tigating and prosecuting government offi- dren; NATION.—The Secretary of State, in coordi- cials, military personnel, and civil police of- (3) coordinating with the Department of nation with the Secretary of the Treasury, ficers credibly alleged to be corrupt; State, the Department of Homeland Secu- as appropriate, shall— (3) implement reforms and strengthen the rity, and international partners regarding (1) carry out diplomatic engagement to se- rule of law, including increasing the capacity United States efforts to counter human cure contributions of financial and technical and independence of the judiciary and public smugglers illegally transporting Central assistance from international donors and prosecutors; American migrants to the United States; partners in support of the Plan; and (4) counter the activities of armed criminal (4) coordinating with the Department of (2) take all necessary steps to ensure effec- gangs, illicit trafficking networks, and orga- State, the Department of Homeland Secu- tive cooperation among international donors nized crime; rity, the United States Agency for Inter- and partners supporting the Plan. (5) establish and implement a plan to cre- national Development, and international (c) REPORT.—Not later than 1 year after ate a professional, accountable civilian po- partners, including the United Nations High submitting the strategy submitted under lice force and curtail the role of the military Commissions for Refugees, to increase pro- subsection (a), the Secretary of State shall in internal policing; tections for vulnerable Central American submit a report to the appropriate congres- (6) investigate and prosecute, through the populations, improve refugee processing, and sional committees that describes— civilian justice system, military and police strengthen asylum systems throughout the (1) the progress made in implementing the personnel who are credibly alleged to have region; strategy; and violated human rights, and to ensure that (5) coordinating with the Department of (2) the financial and technical assistance the military and the police are cooperating State, the Department of Defense, the De- provided by international donors and part- in such cases; partment of Justice (including the Drug En- ners, including the multilateral institutions (7) cooperate with international commis- forcement Administration), the Department listed in subsection (a)(3). sions against impunity, as appropriate, and of the Treasury, the intelligence community, (d) BRIEFINGS.—Upon a request from 1 of with regional human rights entities; and international partners regarding United the appropriate congressional committees, (8) implement reforms related to improv- States efforts to combat illicit narcotics the Secretary of State shall provide a brief- ing to the committee that describes the ing the transparency of financing political traffickers, interdict transshipments of il- progress made in implementing the strategy campaigns and political parties; licit narcotics, and disrupt the financing of submitted under subsection (a). (9) protect the right of political opposition the illicit narcotics trade; (e) DEFINED TERM.—In this section, the parties, journalists, trade unionists, human (6) coordinating with the Department of State, the Department of the Treasury, the term ‘‘appropriate congressional commit- rights defenders, and other civil society ac- tees’’ means— tivists to operate without interference; Department of Justice, the intelligence com- munity, the United States Agency for Inter- (1) the Committee on Foreign Relations of (10) increase government revenues, includ- the Senate; ing by enhancing tax collection, strength- national Development, and international partners regarding United States efforts to (2) the Committee on Appropriations of the ening customs agencies, and reforming pro- Senate; curement processes; combat corruption, money laundering, and illicit financial networks; (3) the Committee on Foreign Affairs of the (11) implement reforms to strengthen edu- House of Representatives; and cational systems, vocational training pro- (7) coordinating with the Department of State, the Department of Justice, the United (4) the Committee on Appropriations of the grams, and programs for at-risk youth; House of Representatives. (12) resolve commercial disputes, including States Agency for International Develop- TITLE II—CRACKING DOWN ON SMUG- the confiscation of real property, between ment, and international partners regarding GLERS, CARTELS, AND TRAFFICKERS United States entities and the respective United States efforts to strengthen the rule EXPLOITING CHILDREN AND FAMILIES governments; and of law, democratic governance, and human (13) implement a policy by which local rights protections; Subtitle A—Strengthening Cooperation communities, civil society organizations (in- (8) coordinating with the Department of Among Law Enforcement Agencies to Tar- cluding indigenous and marginalized groups), State, the Department of Agriculture, the get Smugglers and Traffickers and local governments are consulted in the United States Agency for International De- SEC. 211. ENHANCED INTERNATIONAL COOPERA- design, implementation and evaluation of velopment, the Overseas Private Investment TION TO COMBAT HUMAN SMUG- the activities of the Plan that affect such Corporation, the United States Trade and GLING AND TRAFFICKING. communities, organizations, or governments. Development Agency, the Department of (a) PARTNERSHIP EXPANSION.—The Sec- Labor, and international partners, including retary of Homeland Security, in coordina- Subtitle C—Effectively Coordinating United the Inter-American Development Bank, to tion with the Secretary of State, shall ex- States Engagement in Central America strengthen the foundation for inclusive eco- pand partnership efforts with law enforce- SEC. 131. UNITED STATES COORDINATOR FOR EN- nomic growth and improve food security, in- ment entities in El Salvador, Guatemala, GAGEMENT IN CENTRAL AMERICA. vestment climate, and protections for labor Honduras and Mexico seeking to combat (a) DESIGNATION.—Not later than 30 days rights. human smuggling and trafficking in those after the date of the enactment of this Act, (d) CONSULTATION.—The official designated countries, including— the President shall designate a senior offi- under subsection (a) shall consult with Con- (1) the creation or expansion of cial to coordinate all of the Federal Govern- gress, multilateral organizations and institu- transnational criminal investigative units to ment’s efforts and the efforts of inter- tions, foreign governments, and domestic identify, disrupt, and prosecute human national partners to strengthen citizen secu- and international civil society organiza- smuggling and trafficking operations; rity, the rule of law, and economic pros- tions. (2) participation by U.S. Immigration and perity in Central America and to protect vul- Subtitle D—United States Leadership for Customs Enforcement and the Department of nerable populations in the region. Engaging International Donors and Partners Justice in the Bilateral Human Trafficking (b) SUPERVISION.—The official designated SEC. 141. REQUIREMENT FOR STRATEGY TO SE- Enforcement Initiative with their Mexican under subsection (a) shall report directly to CURE SUPPORT OF INTERNATIONAL law enforcement counterparts; and the President. DONORS AND PARTNERS. (3) advanced training programs for inves- (c) DUTIES.—The official designated under (a) IN GENERAL.—Not later than 90 days tigators and prosecutors from El Salvador, subsection (a) shall coordinate all of the ef- after the date of the enactment of this Act, Guatemala, Honduras and Mexico.

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(b) AUTHORIZATION OF APPROPRIATIONS.— (1) in the paragraph heading, by striking transporting controlled substances, agri- There are authorized to be appropriated such ‘‘TERM OF IMPRISONMENT’’ and inserting ‘‘IN culture, or monetary instruments into the sums as may be necessary to carry out sub- GENERAL’’; and United States, or any Federal law relating to section (a). (2) by inserting ‘‘, fined under title 18, or border controls measures of the United SEC. 212. ENHANCED INVESTIGATION AND PROS- both’’ after ‘‘5 years’’. States. ECUTION OF HUMAN SMUGGLING SEC. 222. EXPANDING FINANCIAL SANCTIONS ON ‘‘(2) PENALTY.—Any person who violates AND TRAFFICKING. NARCOTICS TRAFFICKING AND paragraph (1) shall be fined under title 18, (a) IN GENERAL.—The Attorney General MONEY LAUNDERING. United States Code, imprisoned for not more and the Secretary of Homeland Security (a) FINDINGS.—Congress finds the fol- than 5 years, or both. shall expand collaborative programs aimed lowing: ‘‘(b) DESTRUCTION OF UNITED STATES BOR- at investigating and prosecuting human (1) In July 2011, President Obama released DER CONTROLS.— smugglers and traffickers targeting Central ‘‘Strategy to Combat Transnational Orga- ‘‘(1) IN GENERAL.—It shall be unlawful to American children and families and oper- nized Crime’’, which articulates a multi- knowingly and without lawful authoriza- ating at the Southwestern border, including dimensional response to combat tion— the continuation and expansion of anti-traf- transnational organized crime, including ‘‘(A) destroy or significantly damage any ficking coordination teams. drug trafficking networks, armed criminal fence, barrier, sensor, camera, or other phys- (b) HOMELAND SECURITY INVESTIGATIONS.— gangs, and money laundering. ical or electronic device deployed by the The Secretary of Homeland Security, in con- (2) The Strategy calls for expanded efforts Federal Government to control an inter- sultation with the Director of U.S. Immigra- to dismantle illicit financial networks, in- national border of, or a port of entry to, the tion and Customs Enforcement, shall in- cluding through maximizing the use of the United States; or crease the resources available to Homeland Foreign Narcotics Kingpin Designation Act ‘‘(B) otherwise seek to construct, excavate, Security Investigations to facilitate the ex- (21 U.S.C. 1901 et seq.). or make any structure intended to defeat, pansion of its smuggling and trafficking in- (b) SENSE OF CONGRESS.—It is the sense of circumvent or evade such a fence, barrier, vestigations. Congress that the Senate should imme- sensor camera, or other physical or elec- (c) AUTHORIZATION OF APPROPRIATIONS.— diately confirm pending nominations to key tronic device deployed by the Federal Gov- There are authorized to be appropriated such national security positions, including Mr. ernment to control an international border sums as may be necessary to carry out sub- Adam Szubin, who was nominated by Presi- of, or a port of entry to, the United States. sections (a) and (b). dent Obama on April 16, 2015 to the position ‘‘(2) PENALTY.—Any person who violates paragraph (1) shall be fined under title 18, SEC. 213. INFORMATION CAMPAIGN ON DANGERS of Undersecretary for Terrorism and Finan- OF MIGRATION. cial Crimes within the Department of the United States Code, imprisoned for not more than 5 years, or both.’’. (a) IN GENERAL.—The Secretary of Home- Treasury, a critical position focused on iden- (b) CLERICAL AMENDMENT.—The table of land Security, in consultation with the Sec- tifying and confronting illicit financial net- contents of such Act (8 U.S.C. 1101 et seq.) is retary of State, shall design and implement works. amended by inserting after the item relating public information campaigns in El Sal- (c) FINANCIAL SANCTIONS EXPANSION.— to section 274D the following: vador, Guatemala, and Honduras— (1) IN GENERAL.—The Secretary of Treas- (1) to disseminate information about the ury, the Attorney General, the Secretary of ‘‘Sec. 274E. Hindering immigration, border, dangers of travel across Mexico to the State, the Secretary of Defense, and the Di- and customs controls.’’. United States; and rector of Central Intelligence shall expand TITLE III—MINIMIZING BORDER CROSS- (2) to combat misinformation about United investigations, intelligence collection, and INGS BY EXPANDING PROCESSING OF States immigration law or policy. analysis pursuant to the Foreign Narcotics REFUGEE CHILDREN AND FAMILIES IN- (b) ELEMENTS.—The information cam- Kingpin Designation Act to increase the COUNTRY AND IN THE REGION paigns implemented pursuant to subsection identification and application of sanctions Subtitle A—Providing Alternative Safe (a) shall, to the greatest extent possible— against— Havens in Mexico and the Region (1) be targeted at populations and local- (A) significant foreign narcotics traf- SEC. 311. STRENGTHENING INTERNAL ASYLUM ities with high migration rates; fickers, their organizations and networks; SYSTEMS IN MEXICO AND OTHER (2) employ a variety of communications and COUNTRIES. media; and (B) the foreign persons who provide mate- (a) IN GENERAL.—The Secretary of State, (3) be developed in consultation with pro- rial, financial, or technological support to in consultation with the Secretary of Home- gram officials at the Department of Home- such traffickers, organizations, and net- land Security, shall work with international land Security, the Department of State, or works. partners, including the United Nations High other government, nonprofit, or academic (2) TARGETS.—The efforts described in Commissioner for Refugees, to support and entities in close contact with migrant popu- paragraph (1) shall specifically target foreign provide technical assistance to strengthen lations from El Salvador, Guatemala, and narcotics traffickers, their organizations and the domestic capacity of Mexico and other Honduras, including repatriated migrants. networks, and the foreign persons who pro- countries in the region to provide asylum to vide material, financial, or technological eligible children and families by— Subtitle B—Strengthening the Ability of the (1) establishing and expanding temporary United States Government to Crack Down support to such traffickers, organizations and networks that are present and operating and long-term in-country reception centers on Smugglers, Traffickers, and Drug Car- and shelter capacity to meet the humani- tels in Central or South America. (d) AUTHORIZATION OF APPROPRIATIONS.— tarian needs of those seeking asylum or SEC. 221. ENHANCED PENALTIES FOR ORGA- There are authorized to be appropriated such other forms of international protection; NIZED SMUGGLING SCHEMES. sums as may be necessary to carry out sub- (2) improving the asylum registration sys- (a) IN GENERAL.—Section 274(a)(1)(B) of the section (c). tem to ensure that all individuals seeking Immigration and Nationality Act (8 U.S.C. asylum or other humanitarian protection— Subtitle C—Creating New Penalties for Hin- 1324(a)(1)(B)) is amended— (A) are properly screened for security, in- dering Immigration, Border, and Customs (1) by redesignating clauses (iii) and (iv) as cluding biographic and biometric capture; Controls clauses (iv) and (v), respectively; (B) receive due process and meaningful ac- (2) by inserting after clause (ii) the fol- SEC. 231. HINDERING IMMIGRATION, BORDER, cess to existing legal protections; and lowing: AND CUSTOMS CONTROLS. (C) receive proper documents in order to ‘‘(iii) in the case of a violation of subpara- (a) IMMIGRATION AND NATIONALITY ACT.— prevent fraud and ensure freedom of move- graph (A)(i) during and in relation to which The Immigration and Nationality Act (8 ment and access to basic social services; the person, while acting for profit or other U.S.C. 1101 et seq.) is amended by inserting (3) creating or expanding a corps of trained financial gain, knowingly directs or partici- after section 274D the following: asylum officers capable of evaluating and de- pates in an effort or scheme to assist or ‘‘SEC. 274E. HINDERING IMMIGRATION, BORDER, ciding individual asylum claims consistent cause 10 or more persons (other than a par- AND CUSTOMS CONTROLS. with international law and obligations; and ent, spouse, or child of the offender) to enter ‘‘(a) ILLICIT SPOTTING.— (4) developing the capacity to conduct best or to attempt to enter the United States at ‘‘(1) IN GENERAL.—It shall be unlawful to interest determinations for unaccompanied the same time at a place other than a des- knowingly surveil, track, monitor, or trans- alien children to ensure that their needs are ignated port of entry or place other than des- mit the location, movement, or activities of properly met, which may include family re- ignated by the Secretary, be fined under title any officer or employee of a Federal, State, unification or resettlement based on inter- 18, United States Code, imprisoned not more or tribal law enforcement agency— national protection needs. than 15 years, or both;’’; and ‘‘(A) with the intent to gain financially; (b) REPORT.—Not later than 60 days after (3) in clause (iv), as redesignated, by in- and the date of the enactment of this Act, the serting ‘‘commits or attempts to commit ‘‘(B) in furtherance of any violation of the Secretary of State, in consultation with the sexual assault of,’’ after ‘‘section 1365 of title immigration laws, the customs and trade Secretary of Homeland Security, shall sub- 18, United States Code) to,’’. laws of the United States (as defined in sec- mit a report that describes the plans of the (b) BULK CASH SMUGGLING.—Section tion 2 of the Trade Facilitation and Trade Secretary of State to assist in developing the 5332(b)(1) of title 31, United States Code, is Enforcement Act of 2015 (Public Law 114– asylum processing capabilities described in amended— 125)), any other Federal law relating to subsection (a) to—

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.021 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4648 CONGRESSIONAL RECORD — SENATE June 28, 2016 (1) the Committee on Foreign Relations of zenship and Immigration Services shall the parent or guardian of the child involved, the Senate; make a final determination on such applica- the Director shall have discretion to deter- (2) the Committee on Homeland Security tion unless the security screening for such mine whether the Director shall perform, and Governmental Affairs of the Senate; child cannot be completed during the 180-day and the prospective sponsor and resident (3) the Committee on the Judiciary of the period. adults described in paragraph (1) shall sub- Senate; SEC. 333. REFERRAL TO UNHCR. mit to, a check described in subparagraph (4) the Committee on Foreign Affairs of the The Director of U.S. Citizenship and Immi- (A) or (D) of paragraph (1). House of Representatives; gration Services or the Assistant Secretary (3) WAIVERS.— (5) the Committee on Homeland Security of State for the Bureau of Population, Refu- (A) IN GENERAL.—If the Secretary deter- of the House of Representatives; and gees, and Migration shall refer any child who mines that it is not feasible to conduct the (6) the Committee on the Judiciary of the is the proposed beneficiary of an application check described in subparagraph (B) or (D) of House of Representatives. under the CAM Program and is facing imme- paragraph (1) for a State, including infeasi- (c) AUTHORIZATION OF APPROPRIATIONS.— diate risk of harm to the United Nations bility due to a State’s refusal or nonresponse There are authorized to be appropriated such High Commissioner for Refugees for registra- in response to a request for related informa- sums as may be necessary to carry out sub- tion and safe passage to an established emer- tion, or that the average time to receive re- section (a). gency transit center for refugees. sults from a State for such a check is more Subtitle B—Expanding Refugee Processing in TITLE IV—MONITORING AND SUP- than 10 business days, the Secretary may Mexico and Central America for Third PORTING UNACCOMPANIED ALIEN waive the requirements of that subparagraph Country Resettlement CHILDREN AFTER PROCESSING AT THE with respect to the State involved for a pe- SEC. 321. EXPANDING REFUGEE PROCESSING IN BORDER riod of not more than 1 year. The Secretary MEXICO AND CENTRAL AMERICA SEC. 401. DEFINITIONS; AUTHORIZATION OF AP- may renew the waiver in accordance with FOR THIRD COUNTRY RESETTLE- PROPRIATIONS. this subparagraph. MENT. (a) DEFINITIONS.—In this title: (B) PROHIBITION ON DELEGATION.—The Sec- (a) IN GENERAL.—The Secretary of State, (1) DEPARTMENT.—Except as otherwise in- retary may not delegate the responsibility in consultation with the Secretary of Home- dicated, the term ‘‘Department’’ means the under subparagraph (A) to another officer or land Security, shall coordinate with the Department of Health and Human Services. employee of the Department. United Nations High Commissioner for Refu- (2) DIRECTOR.—The term ‘‘Director’’ means (C) STATES WHERE WAIVERS APPLY.—The gees to support and provide technical assist- the Director of the Office of Refugee Reset- Secretary shall make available, on a website ance to the Government of Mexico and the tlement of the Department. of the Department, the list of States for governments of other countries in the region (3) LOCAL EDUCATIONAL AGENCY.—The term which the requirements of subparagraph (B) to increase access to global resettlement for ‘‘local educational agency’’ has the meaning or (D) of paragraph (1) are waived under this eligible children and families with protec- given the term in section 8101 of the Elemen- paragraph. tion needs by— tary and Secondary Education Act of 1965 (20 (4) USE OF RECORD CHECKS.—The informa- (1) establishing and expanding in-country U.S.C. 7801). tion revealed by a record check performed refugee reception centers to meet the hu- (4) RESIDENT ADULT.—The term ‘‘resident pursuant to this section shall be used only manitarian needs of those seeking inter- adult’’ means any individual age 18 or older by the Director for the purpose of deter- national protection; who regularly lives, shares common areas, mining whether a potential sponsor is a suit- (2) improving the refugee registration sys- and sleeps in a sponsor or prospective spon- able sponsor for a placement for an unaccom- tem to ensure that all refugees— sor’s home. panied alien child. (A) are properly screened for security, in- (5) SECRETARY.—Except as otherwise indi- (b) PLACEMENT DETERMINATIONS GEN- cluding biographic and biometric capture; cated, the term ‘‘Secretary’’ means the Sec- ERALLY.— (B) receive due process and meaningful ac- retary of Health and Human Services. (1) DENIALS REQUIRED FOR CERTAIN cess to existing legal protections; and (b) AUTHORIZATION OF APPROPRIATIONS.— CRIMES.—The Director shall deny any place- (C) receive proper documents in order to There are authorized to be appropriated such ment for a prospective sponsor (other than prevent fraud and ensure freedom of move- sums as may be necessary to carry out this the parent or guardian of the child involved), ment and access to basic social services; title. and may deny any placement for a prospec- (3) creating or expanding a corps of trained Subtitle A—Strengthening the Government’s tive sponsor who is the parent or guardian of refugee officers capable of evaluating and de- Ability to Oversee the Safety and Well- the child involved subject to subsection (c), ciding individual claims for protection, con- Being of Children if the record checks performed pursuant to sistent with international law and obliga- this section reveal that the prospective spon- tions; and SEC. 411. BACKGROUND CHECKS TO ENSURE THE SAFE PLACEMENT OF UNACCOM- sor or a resident adult in the home of the (4) developing the capacity to conduct best PANIED ALIEN CHILDREN. prospective sponsor was convicted at age 18 interest determinations for unaccompanied (a) CRIMINAL AND CIVIL RECORD CHECKS.— or older of a crime that is a felony consisting alien children to ensure that— (1) REQUIREMENT.—In carrying out the of any of the following: (A) such children with international pro- functions transferred to the Director under (A) Domestic violence, stalking, child tection needs are properly registered; and section 462(a) of the Homeland Security Act abuse, child neglect, or child abandonment, (B) their needs are properly met, which of 2002 (6 U.S.C. 279(a)), from amounts appro- if the prospective sponsor or resident adult may include family reunification or resettle- priated pursuant to section 401(b) to carry served at least 1 year imprisonment for a ment based on international protection out this section, the Director shall perform, crime specified in this subparagraph, or if needs. consistent with best practices in the field of the prospective sponsor or resident adult was (b) REPORT.—Not later than 60 days after child welfare, and a prospective sponsor and convicted of 2 or more crimes specified in the date of the enactment of this Act, the all resident adults in the home of the pro- this subparagraph, not arising out of a single Secretary of State, in consultation with the spective sponsor shall submit to the fol- scheme of criminal misconduct. Secretary of Homeland Security, shall sub- lowing record checks (which shall be com- (B) A crime against a child involving por- mit a report to the committees listed in sec- pleted as expeditiously as possible): nography. tion 311(b) that describes the plans of the (A) Fingerprint-based checks (except as de- (C) Human trafficking. Secretary of State to assist in developing the scribed in paragraph (2)) in national crime (D) Rape or sexual assault. refugee processing capabilities described in information databases, as defined in section (E) Homicide. subsection (a). 534(e)(3) of title 28, United States Code. (2) DENIALS CONSIDERED FOR CERTAIN OF- (c) AUTHORIZATION OF APPROPRIATIONS.— (B) A search of the State criminal registry FENSES.—The Director may deny a place- There are authorized to be appropriated such or repository for any State (except as de- ment for a prospective sponsor if the record sums as may be necessary to carry out sub- scribed in paragraph (3)) in which the pro- checks performed pursuant to this section section (a). spective sponsor or resident adult has re- reveal that the prospective sponsor or a resi- Subtitle C—Improving the Efficiency of the sided during the 5 years preceding the dent adult in the home of a prospective spon- Central American Minors Program search. sor was adjudged guilty of a civil offense or SEC. 331. EXPANSION. (C) A search of the National Sex Offender was convicted of a crime not covered by The Director of U.S. Citizenship and Immi- Registry established under section 119 of the paragraph (1). The Director, in making a de- gration Services shall increase the resources Adam Walsh Child Protection and Safety Act termination about whether to approve or directed to the CAM Program, including— of 2006 (42 U.S.C. 16919). deny the placement, shall consider all of the (1) increasing the number of refugee offi- (D) A search (except as described in para- following factors: cers available for in-country processing; and graphs (2) and (3)) of State-based child abuse (A) The type of offense. (2) establishing additional site locations. and neglect registries and databases for any (B) The number of offenses the sponsor or SEC. 332. EXPEDITED PROCESSING. State in which the prospective sponsor or resident adult has been adjudged guilty or Not later than 180 days after receiving a resident adult has resided during the 5 years convicted of. completed application from an unaccom- preceding the search. (C) The length of time that has elapsed panied alien child seeking protection under (2) PARENTS AND GUARDIANS.—For purposes since the adjudication or conviction. the CAM Program, the Director of U.S. Citi- of paragraph (1), if the prospective sponsor is (D) The nature of the offense.

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.021 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4649 (E) The age of the individual at the time of garding the child’s change of address and Subtitle B—Funding to States and School the adjudication or conviction. other relevant information; Districts; Supporting Education and Safety (F) The relationship between the offense (2) immediately enroll the child in school, and the capacity to care for a child. and shall provide information and resources SEC. 421. FUNDING TO STATES TO CONDUCT (G) Evidence of rehabilitation of the indi- if the sponsor encounters difficulty enrolling STATE CRIMINAL CHECKS AND CHILD ABUSE AND NEGLECT vidual. such child in school; CHECKS. (H) Opinions of community and family (3) provide access to health care, including members concerning the individual. mental health care as needed, and any nec- (a) DEFINITION.—In this section, the term (c) PLACEMENT DETERMINATIONS CON- essary age-appropriate health screening to ‘‘State’’ means each of the 50 States of the CERNING PARENTS OR GUARDIANS.—The Direc- the child; United States and the District of Columbia. tor may deny a placement for a prospective (4) report potential child traffickers and (b) PAYMENTS TO STATES TO CONDUCT STATE sponsor who is the parent or guardian of the other persons seeking to victimize or exploit CRIMINAL REGISTRY OR REPOSITORY SEARCHES child involved if the record checks performed unaccompanied alien children, or otherwise pursuant to this section reveal that the pro- engage such children in criminal, harmful, AND TO CONDUCT CHILD ABUSE AND NEGLECT spective sponsor or a resident adult in the or dangerous activity; CHECKS.— home of a prospective sponsor was adjudged (5) seek assistance from the Department (1) IN GENERAL.—Using amounts appro- guilty of a civil offense or was convicted of regarding the health, safety, and well-being priated pursuant to section 401(b) to carry a crime. The Director, in making a deter- of the child placed with the sponsor; and out this section, the Secretary shall, in ac- mination about whether to approve or deny (6) file a complaint, if necessary, with the cordance with this subsection, make pay- the placement, shall consider all of the fac- Secretary or the Secretary of Homeland Se- ments to States, through each agency in tors described in subsection (b)(2). curity regarding treatment of unaccom- each State tasked with administering the (d) APPEALS PROCESS.— panied alien children while under the care of State criminal registry or repository re- (1) INFORMATION.—The Secretary shall pro- the Office of Refugee Resettlement or the quired under section 411(a)(1)(B) or the State vide information to each prospective sponsor Department of Homeland Security, respec- child abuse and neglect registry required on how such sponsor may appeal— tively. under section 411(a)(1)(D), to assist with (A) a placement determination under this searches of such registries, repositories, or section, including— SEC. 413. MONITORING UNACCOMPANIED ALIEN databases for prospective sponsors of unac- CHILDREN. (i) prompt notice of the opportunity to so companied alien children and resident adults appeal; and (a) RISK-BASED POST-PLACEMENT SERV- in the home of such prospective sponsors, in (ii) instructions about how to participate ICES.— accordance with section 411. in the appeals process; and (1) IN GENERAL.—Using amounts appro- (2) ALLOTMENTS.— (B) the results of a record check performed priated pursuant to section 401(b) to carry (A) STATE CRIMINAL REGISTRY AND REPOSI- pursuant to this section or the accuracy or out this section, the Secretary shall, to as- TORY SEARCHES.—In each fiscal year, using completeness of the information yielded by sist each unaccompanied alien child in a amounts appropriated pursuant to section the record check, as provided in paragraph placement with a sponsor— 401(b) to carry out this section with respect (2), including— (A) complete an individualized assessment to the program providing payments to States (i) prompt notice of the opportunity to so of the need for services to be provided after to assist with criminal registry or repository appeal; and placement; and searches, the Secretary shall allot to each (ii) instructions about how to participate (B) provide such post-placement services State participating in such program, in the appeals process. during the pendency of removal proceedings through the agency in each such State (2) APPEAL.—Each Federal agency respon- or until no longer necessary. tasked with administering the State crimi- sible for administering or maintaining the (2) MINIMUM SERVICES.—For the purposes of nal registry or repository described in sec- information in a database, registry, or repos- paragraph (1), the services shall, at a min- tion 411(a)(1)(B), an amount that bears the itory used in a record check performed pur- imum, include— same relationship to such funds as the num- suant to this section or responsible for the (A) for the unaccompanied alien child, at ber of searches of such State criminal reg- accuracy or completeness of the information least one post-placement case management istry or repository conducted in accordance yielded by the record check shall— services visit within 30 days after placement with section 411(a)(1)(B) in the State bears to (A) establish a process for an appeal con- with a sponsor and the referral of unaccom- the total number of such searches in all cerning the results of that record check, or panied alien children to service providers in States participating in the program. that accuracy or completeness; and the community; and (B) CHILD ABUSE AND NEGLECT CHECKS.—In (B) complete such process not later than 30 (B) for the family of the child’s sponsor, each fiscal year, using amounts appropriated days after the date on which such an appeal orientation and other functional family sup- pursuant to section 401(b) to carry out this is filed. port services, as determined to be necessary section with respect to the program pro- (e) RULE OF CONSTRUCTION.—Nothing in in the individualized assessment. this section shall be construed to prohibit viding payments to States to assist with the Director from establishing additional (b) EFFECTIVE USE OF CHILD ADVOCATES child abuse and neglect registry and data- checks or procedures (besides the checks re- FOR THE MOST VULNERABLE UNACCOMPANIED base searches, the Secretary shall allot to quired in this section) for sponsors, to enable ALIEN CHILDREN.—The Secretary shall— each State participating in such program, the Director to— (1) direct the Director— through the agency in each such State (1) oversee and promote the health, safety, (A) to identify and track the referral rates tasked with administering the State child and well-being of unaccompanied alien chil- of unaccompanied alien children to child ad- abuse and neglect registries and databases dren; or vocates by care providers and investigate in- described in section 411(a)(1)(D), an amount (2) prevent the exploitation, neglect, or stances in which such a rate is low; that bears the same relationship to such abuse of unaccompanied alien children. (B) to ensure that the referral criteria es- funds as the number of searches of such child SEC. 412. RESPONSIBILITY OF SPONSOR FOR IM- tablished by the Director are appropriately abuse and neglect registries and databases MIGRATION COURT COMPLIANCE applied when a care provider determines if conducted in accordance with section AND CHILD WELL-BEING. such a child is eligible for referral to a child 411(a)(1)(D) in the State bears to the total (a) IN GENERAL.—Using amounts appro- advocate; number of such searches in all States par- priated pursuant to section 401(b) to carry (C) to provide technical assistance to care ticipating in the program. out this section, the Secretary, in consulta- providers to ensure compliance with such (C) TRANSITION RULE.—In the first fiscal tion with the Attorney General, shall estab- criteria; and year in which funds are made available under lish procedures to ensure that legal orienta- (D) to establish a process for stakeholders this title to carry out this section, the Sec- tion programs regarding immigration court and the public to refer unaccompanied alien retary shall make allotments to each State and rights and responsibilities for the well- children, including those placed with a spon- participating in the programs under this sec- being of unaccompanied alien children are sor, to the child advocate program to deter- tion in accordance with subparagraphs (A) provided to all prospective sponsors of unac- mine if such child meets the referral criteria and (B), based on the Secretary’s estimate of companied alien children prior to an unac- for appointment of a child advocate; and the number of the searches described in each companied alien child’s placement with such (2) ensure that each child advocate for an such subparagraph, respectively, that each of a sponsor. unaccompanied alien child shall— the States are expected to conduct in such (b) PROGRAM ELEMENTS.—The procedures (A) be provided access to materials nec- fiscal year. described in subsection (a) shall include a re- essary to advocate effectively for the best in- (3) STATE APPLICATIONS.—Each State agen- quirement that each legal orientation pro- terest of the child, including direct access to cy described in paragraph (1) desiring an al- gram described in such subsection shall pro- significant incident reports, home studies, lotment under subparagraph (A) or (B) of vide information on the sponsor’s rights and and similar materials and information; and paragraph (2) shall submit an application at responsibilities to— (B) be notified when new materials and in- such time, in such manner, and containing (1) ensure the unaccompanied alien child formation described in subparagraph (A) re- such information as the Secretary may re- appears at immigration proceedings and lating to the child are created or become quire, which shall include an assurance that communicate with the court involved re- available. the State agency will respond promptly to

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.021 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4650 CONGRESSIONAL RECORD — SENATE June 28, 2016 all requests from the Director, within a rea- pursuant to section 412, to ensure that legal ments by executing a knowing and voluntary sonable time period determined by the Direc- orientation programs are available for all written waiver in a language that he or she tor, to conduct a search required under sec- aliens detained by the Department of Home- understands fluently;’’; and tion 411 in a timely manner, and a descrip- land Security. (iv) in subparagraph (D), as redesignated, tion of how funds will be used to meet such (2) PROGRAM ELEMENTS.—Programs under by striking ‘‘, and’’ and inserting ‘‘; and’’; assurance. paragraph (1) shall inform aliens described in and SEC. 422. FUNDING TO SCHOOL DISTRICTS FOR such paragraph regarding— (B) by adding at the end the following: UNACCOMPANIED ALIEN CHILDREN. (A) the basic procedures of immigration ‘‘(8) FAILURE TO PROVIDE ALIEN REQUIRED (a) GRANTS AUTHORIZED.—Using amounts hearings; DOCUMENTS.—In the absence of a waiver appropriated pursuant to section 401(b) to (B) their rights and obligations relating to under paragraph (4)(C), a removal proceeding carry out this section, the Secretary of Edu- such hearings under Federal immigration may not proceed until the alien— cation shall award grants, on a competitive laws to ensure appearance at all immigra- ‘‘(A) has received the documents as re- basis, to eligible local educational agencies, tion proceedings; quired under such paragraph; and or consortia of neighboring local educational (C) their rights under Federal immigration ‘‘(B) has been provided meaningful time to agencies, described in subsection (b) to en- laws, including available legal protections review and assess such documents.’’. able the local educational agencies or con- and the procedure for requesting such pro- (2) CLARIFICATION REGARDING THE AUTHOR- sortia to enhance opportunities for, and pro- tection; ITY OF THE ATTORNEY GENERAL TO APPOINT vide services to, immigrant children and (D) the consequences of filing frivolous COUNSEL TO ALIENS IN IMMIGRATION PRO- youth, including unaccompanied alien chil- legal claims and of failing to appear for pro- CEEDINGS.—Section 292 of the Immigration dren, in the area served by the local edu- ceedings; and and Nationality Act (8 U.S.C. 1362) is amend- cational agencies or consortia. (E) any other subject that the Attorney ed— (b) ELIGIBLE LOCAL EDUCATIONAL AGEN- General considers appropriate, such as a con- (A) by striking ‘‘In any’’ and inserting the CIES.— tact list of potential legal resources and pro- following: (1) IN GENERAL.—A local educational agen- viders. ‘‘(a) IN GENERAL.—In any’’; cy, or a consortium of neighboring local edu- (3) ELIGIBILITY.—An alien shall be given ac- (B) in subsection (a), as redesignated— cational agencies, is eligible for a grant cess to legal orientation programs under this (i) by striking ‘‘(at no expense to the Gov- under subsection (a) if, during the fiscal year subsection regardless of the alien’s current ernment)’’; and for which a grant is awarded under this sec- immigration status, prior immigration his- (ii) by striking ‘‘he shall’’ and inserting tion, there are 50 or more unaccompanied tory, or potential for immigration relief. ‘‘the person shall’’; and alien children enrolled in the public schools (b) PILOT PROJECT FOR NONDETAINED (C) by adding at the end the following: served by the local educational agency or the ALIENS IN REMOVAL PROCEEDINGS.— ‘‘(b) APPOINTMENT OF COUNSEL.— consortium, respectively. (1) IN GENERAL.—The Attorney General ‘‘(1) IN GENERAL.—The Attorney General (2) DETERMINATIONS OF NUMBER OF UNAC- shall develop and administer a 2-year pilot may appoint or provide counsel to aliens in COMPANIED ALIEN CHILDREN.—The Secretary program at not fewer than 2 immigration any proceeding conducted under section of Education shall determine the number of courts to provide nondetained aliens with 235(b), 236, 238, 240, or 241 or any other sec- unaccompanied alien children for purposes of pending asylum claims access to legal infor- tion of this Act. paragraph (1) based on the most accurate mation. ‘‘(2) ACCESS TO COUNSEL.—The Secretary of data available that is provided to the Sec- (2) REPORT.—At the conclusion of the pilot Homeland Security shall facilitate access to retary of Education by the Director or the program under this subsection, the Attorney counsel for— Department of Homeland Security. General shall submit a report to the Com- ‘‘(A) aliens in any proceeding conducted (c) APPLICATIONS.—A local educational mittee on the Judiciary of the Senate and under section 235(b), 236, 238, 240, or 241; and agency, or a consortia of neighboring local the Committee on the Judiciary of the House ‘‘(B) any individual detained inside an im- educational agencies, desiring a grant under of Representatives that describes the extent migration detention facility or a border fa- this section shall submit an application to to which nondetained aliens are provided cility.’’. the Secretary of Education at such time, in with access to counsel. (3) APPOINTMENT OF COUNSEL FOR UNACCOM- such manner, and containing such informa- (c) AUTHORIZATION OF APPROPRIATIONS.— PANIED ALIEN CHILDREN AND VULNERABLE tion, as the Secretary of Education may re- There is authorized to be appropriated to the ALIENS.— quire, including a description of how the Executive Office of Immigration Review of (A) IN GENERAL.—Section 292 of the Immi- grant will be used to enhance opportunities the Department of Justice such sums as may gration and Nationality Act (8 U.S.C. 1362), for, and provide services to, immigrant chil- be necessary to carry out this section. as amended by paragraph (2), is further dren and youth (including unaccompanied SEC. 512. FAIR DAY IN COURT FOR KIDS. amended by adding at the end the following: alien children) and their families. (a) IMPROVING IMMIGRATION COURT EFFI- ‘‘(c) UNACCOMPANIED ALIEN CHILDREN AND SEC. 423. IMMEDIATE ENROLLMENT OF UNAC- CIENCY AND REDUCING COSTS BY INCREASING VULNERABLE ALIENS.—Notwithstanding sub- COMPANIED ALIEN CHILDREN IN ACCESS TO LEGAL INFORMATION.— section (b), the Attorney General shall ap- SCHOOLS. (1) APPOINTMENT OF COUNSEL IN CERTAIN point counsel, at the expense of the Govern- To be eligible for funding under the Ele- CASES; RIGHT TO REVIEW CERTAIN DOCUMENTS ment if necessary, at the beginning of the mentary and Secondary Education Act of IN REMOVAL PROCEEDINGS.—Section 240(b) of proceedings or as expeditiously as possible, 1965 (20 U.S.C. 6301 et seq.), a local edu- the Immigration and Nationality Act (8 to represent in such proceedings any alien cational agency shall— U.S.C. 1229a(b)) is amended— who has been determined by the Secretary of (1) ensure that unaccompanied alien chil- (A) in paragraph (4)— Homeland Security or the Attorney General dren in the area served by the local edu- (i) in subparagraph (A)— to be— cational agency are immediately enrolled in (I) by striking ‘‘, at no expense to the Gov- ‘‘(1) an unaccompanied alien child (as de- school following placement with a sponsor; ernment,’’; and fined in section 462(g) of the Homeland Secu- and (II) by striking the comma at the end and rity Act on 2002 (6 U.S.C. 279(g))); (2) remove barriers to enrollment and full inserting a semicolon; ‘‘(2) a particularly vulnerable individual, participation in educational programs and (ii) by redesignating subparagraphs (B) and such as— services offered by the local educational (C) as subparagraphs (D) and (E), respec- ‘‘(A) a person with a disability (as defined agency for unaccompanied alien children (in- tively; in section 3 of the Americans with Disabil- cluding barriers related to documentation, (iii) by inserting after subparagraph (A) ities Act of 1990 (42 U.S.C. 12102); or age, and language), which shall include re- the following: ‘‘(B) a victim of abuse, torture, or violence; viewing and revising policies that may have ‘‘(B) the Attorney General may appoint or or a negative effect on such children. provide counsel to aliens in immigration ‘‘(3) an individual whose circumstances are TITLE V—ENSURING ORDERLY AND HU- proceedings; such that the appointment of counsel is nec- MANE MANAGEMENT OF CHILDREN AND ‘‘(C) at the beginning of the proceedings or essary to help ensure fair resolution and effi- FAMILIES SEEKING PROTECTION as expeditiously as possible, the alien shall cient adjudication of the proceedings. Subtitle A—Providing a Fair and Efficient automatically receive a complete copy of the ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— Legal Process for Children and Vulnerable alien’s Alien File (commonly known as an There is authorized to be appropriated to the Families Seeking Asylum ‘A–file’) and Form I–862 (commonly known as Executive Office for Immigration Review of SEC. 511. COURT APPEARANCE COMPLIANCE AND a ‘Notice to Appear’) in the possession of the the Department of Justice such sums as may LEGAL ORIENTATION. Department of Homeland Security (other be necessary to carry out this section.’’. (a) ACCESS TO LEGAL ORIENTATION PRO- than documents protected from disclosure by (B) RULEMAKING.—The Attorney General GRAMS TO ENSURE COURT APPEARANCE COM- privilege, including national security infor- shall promulgate regulations to implement PLIANCE.— mation referred to in subparagraph (D), law section 292(c) of the Immigration and Na- (1) IN GENERAL.—The Secretary of Home- enforcement sensitive information, and in- tionality Act, as added by subparagraph (A), land Security, in consultation with the At- formation prohibited from disclosure pursu- in accordance with the requirements set torney General, shall establish procedures, ant to any other provision of law) unless the forth in section 3006A of title 18, United consistent with the procedures established alien waives the right to receive such docu- States Code.

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.021 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4651 (b) CASE MANAGEMENT PILOT PROGRAM TO (1) conduct a study of the hurdles to effi- Mr. WHITEHOUSE, Ms. AYOTTE, Mr. INCREASE COURT APPEARANCE RATES.— cient hiring of immigration court judges BLUMENTHAL, and Mrs. SHAHEEN) sub- (1) CONTRACT AUTHORITY.—The Secretary of within the Department of Justice; and mitted the following resolution; which Homeland Security shall establish a pilot (2) propose solutions to Congress for im- was referred to the Committee on the program, which shall include the services set proving the efficiency of the hiring process. Judiciary: forth in section 413(a)(2), to increase the SEC. 522. IMPROVED TRAINING FOR IMMIGRA- court appearance rates of aliens described in TION JUDGES AND MEMBERS OF S. RES. 513 paragraphs (2) and (3) of section 292(c) of the THE BOARD OF IMMIGRATION AP- Whereas the American lobster is recog- Immigration and Nationality Act, as added PEALS. nized around the world as a prized and fla- by subsection (a)(3)(A), by contracting with (a) IN GENERAL.—To ensure efficient and vorful culinary delicacy; nongovernmental, community-based organi- fair proceedings, the Director of the Execu- Whereas lobster fishing has served as an zations to provide appropriate case manage- tive Office for Immigration Review shall fa- economic engine and family tradition in the ment services to such aliens. cilitate robust training programs for immi- United States for centuries; (2) SCOPE OF SERVICES.—Case management gration judges and members of the Board of Whereas thousands of families in the services provided under paragraph (1) shall Immigration Appeals. United States make their livelihoods from include assisting aliens with— (b) MANDATORY TRAINING.—Training facili- lobster fishing and processing; (A) accessing legal counsel; tated under subsection (a) shall include— Whereas more than 120,000,000 pounds of (B) complying with court-imposed dead- (1) expanding the training program for new lobster is caught each year in the waters of lines and other legal obligations; and immigration judges and Board members; the United States, representing one of the (C) accessing social services, as appro- (2) continuing education regarding current most valuable catches in the United States; priate. developments in immigration law through Whereas foreign markets for lobster from (3) AUTHORIZATION OF APPROPRIATIONS.— regularly available training resources and an the United States are booming, with export There is authorized to be appropriated to the annual conference; and values having more than doubled since 2009; Department of Homeland Security such sums (3) methods to ensure that immigration Whereas historical lore notes that lobster as may be necessary to carry out this sub- judges are trained on properly crafting and likely joined turkey on the table at the very section. dictating decisions and standards of review, first Thanksgiving feast in 1621; (c) REPORT ON ACCESS TO COUNSEL.— including improved on-bench reference mate- Whereas responsible lobstering practices (1) REPORT.—Not later than December 31 of rials and decision templates. beginning in the 1600s have created one of each year, the Secretary of Homeland Secu- SEC. 523. NEW TECHNOLOGY TO IMPROVE COURT the most sustainable fisheries in the world; rity, in consultation with the Attorney Gen- EFFICIENCY. Whereas Lobster Newburg was featured at eral, shall prepare and submit a report to the The Director of the Executive Office for the inaugural dinner celebration for Presi- Committee on the Judiciary of the Senate Immigration Review will modernize its case dent John F. Kennedy; and the Committee on the Judiciary of the management and related electronic systems, Whereas lobster is an excellent source of House of Representatives regarding the ex- including allowing for electronic filing, to lean protein and is low in saturated fat and tent to which aliens described in section improve efficiency in the processing of immi- high in vitamin B12; 292(c) of the Immigration and Nationality gration proceedings. Whereas lobster has become a culinary Act, as added by subsection (a)(3)(A), have Subtitle C—Reducing the Likelihood of icon, with the lobster roll featured at the been provided access to counsel. Remigration 2015 World Food Expo in Milan, Italy; (2) CONTENTS.—Each report submitted Whereas the White House proudly served SEC. 531. ESTABLISHING REINTEGRATION AND under paragraph (1) shall include, for the im- lobster at the State Dinner with Chinese mediately preceding 1-year period— MONITORING SERVICES FOR REPA- TRIATING CHILDREN. President Xi Jinping on National Lobster (A) the number and percentage of aliens Day in 2015; described in paragraphs (1), (2), and (3), re- (a) CONSULTATION WITH UNHCR.—The Sec- retary of Homeland Security, in coordina- Whereas, on September 24, 2015, steamed spectively, of section 292(c) of the Immigra- lobster was prepared for the visit by Pope tion and Nationality Act, as added by sub- tion with the Secretary of Health and Human Services and the Secretary of State, Francis to New York; section (a)(3)(A), who were represented by Whereas lobster is enjoyed at casual beach- counsel, including information specifying— shall consult with the United Nations High Commissioner for Refugees (referred to in side lobster boils and also revered as a deli- (i) the stage of the legal process at which cacy at fine dining restaurants; and the alien was represented; and this section as the ‘‘UNHCR’’) to develop a child-centered repatriation process for unac- Whereas the peak of the lobstering season (ii) whether the alien was in government in the United States occurs in the late sum- custody; and companied children being returned to their country of origin. mer: Now, therefore, be it (B) the number and percentage of aliens Resolved, That the Senate— who received legal orientation presentations. (b) COLLABORATION WITH REGIONAL GOV- ERNMENTS AND NONGOVERNMENTAL ORGANIZA- (1) designates September 25, 2016, as Na- Subtitle B—Reducing Significant Delays in TIONS.—The Secretary of State and the Ad- tional Lobster Day; and Immigration Court ministrator of the United States Agency for (2) encourages the people of the United SEC. 521. ELIMINATE IMMIGRATION COURT International Development, in coordination States to observe the day with appropriate BACKLOGS. with the Secretary of Homeland Security, ceremonies and activities. (a) ANNUAL INCREASES IN IMMIGRATION shall collaborate with regional governments f JUDGES.—The Attorney General shall in- and international and domestic nongovern- crease the total number of immigration mental organizations to reduce children’s SENATE RESOLUTION 514—DESIG- judges to adjudicate pending cases and effi- need to re-migrate by— ciently process future cases by at least— NATING MAY 5, 2017, AS THE (1) establishing and expanding comprehen- (1) 55 judges during fiscal year 2017; ‘‘NATIONAL DAY OF AWARENESS sive reintegration services for repatriated (2) an additional 55 judges during fiscal FOR MISSING AND MURDERED unaccompanied children once returned to year 2018; and NATIVE WOMEN AND GIRLS’’ their communities of origin; (3) an additional 55 judges during fiscal (2) establishing monitoring and Mr. DAINES (for himself and Mr. year 2019. verification services to determine the well- (b) NECESSARY SUPPORT STAFF FOR IMMI- TESTER) submitted the following reso- being of repatriated children in order to de- GRATION JUDGES.—To address the shortage of lution; which was referred to the Com- support staff for immigration judges, the At- termine if United States protection and mittee on the Judiciary: screening functioned effectively in identi- torney General shall ensure that each immi- S. RES. 514 gration judge has sufficient support staff, fying persecuted and trafficked children; and adequate technological and security re- (3) providing emergency referrals to the Whereas, according to a study commis- sources, and appropriate courtroom facili- UNHCR for registration and safe passage to sioned by the Department of Justice, in some ties. an established emergency transit center for tribal communities, American Indian women (c) ANNUAL INCREASES IN BOARD OF IMMI- refugees for any repatriated children who are face murder rates that are more than 10 GRATION APPEALS PERSONNEL.—The Attorney facing immediate risk of harm. times the national average; Whereas, according to the Centers for Dis- General shall increase the number of Board f of Immigration Appeals staff attorneys (in- ease Control and Prevention, homicide was cluding necessary additional support staff) SUBMITTED RESOLUTIONS the third leading cause of death among to efficiently process cases by at least— American Indian and Alaska Native women (1) 23 attorneys during fiscal year 2017; between 10 and 24 years of age and the fifth (2) an additional 23 attorneys during fiscal SENATE RESOLUTION 513—DESIG- leading cause of death for American Indian year 2018; and NATING SEPTEMBER 25, 2016, AS and Alaska Native women between 25 and 34 (3) an additional 23 attorneys during fiscal ‘‘NATIONAL LOBSTER DAY’’ years of age; year 2019. Whereas little data exist on the number of (d) GAO REPORT.—The Comptroller Gen- Mr. KING (for himself, Ms. COLLINS, missing American Indian and Alaska Native eral of the United States shall— Mr. MARKEY, Mr. REED, Mr. MURPHY, women in the United States;

VerDate Sep 11 2014 03:32 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.021 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4652 CONGRESSIONAL RECORD — SENATE June 28, 2016 Whereas, on July 5, 2013, Hanna Harris, a tended to be proposed by him to the bill S. to the bill S. 2328, supra; which was ordered member of the Northern Cheyenne Tribe, 2328, supra; which was ordered to lie on the to lie on the table. was reported missing by her family in Lame table. SA 4904. Mr. MENENDEZ submitted an Deer, Montana; SA 4884. Mr. MENENDEZ (for himself and amendment intended to be proposed by him Whereas the body of Hanna Harris was Ms. WARREN) submitted an amendment in- to the bill S. 2328, supra; which was ordered found 5 days after she went missing; tended to be proposed by him to the bill S. to lie on the table. Whereas Hanna Harris was determined to 2328, supra; which was ordered to lie on the SA 4905. Mr. MENENDEZ submitted an have been raped and murdered and the indi- table. amendment intended to be proposed by him viduals accused of committing those crimes SA 4885. Mr. MENENDEZ (for himself and to the bill S. 2328, supra; which was ordered were convicted; Mr. BOOKER) submitted an amendment in- to lie on the table. Whereas the case of Hanna Harris is only 1 tended to be proposed by him to the bill S. SA 4906. Mr. MENENDEZ submitted an example of many similar cases; and 2328, supra; which was ordered to lie on the amendment intended to be proposed by him Whereas Hanna Harris was born on May 5, table. to the bill S. 2328, supra; which was ordered 1992: Now, therefore, be it SA 4886. Mr. MENENDEZ submitted an to lie on the table. SA 4907. Mr. MENENDEZ submitted an Resolved, That the Senate— amendment intended to be proposed by him amendment intended to be proposed by him (1) designates May 5, 2017, as the ‘‘National to the bill S. 2328, supra; which was ordered to the bill S. 2328, supra; which was ordered Day of Awareness for Missing and Murdered to lie on the table. to lie on the table. Native Women and Girls’’; and SA 4887. Mr. MENENDEZ (for himself and Mr. BOOKER) submitted an amendment in- SA 4908. Mr. MENENDEZ submitted an (2) calls on the people of the United States amendment intended to be proposed by him and interested groups to— tended to be proposed by him to the bill S. 2328, supra; which was ordered to lie on the to the bill S. 2328, supra; which was ordered (A) commemorate the lives of missing and to lie on the table. murdered American Indian and Alaska Na- table. SA 4888. Mr. MENENDEZ submitted an SA 4909. Mr. MENENDEZ submitted an tive women whose cases are documented and amendment intended to be proposed by him undocumented in public records and the amendment intended to be proposed by him to the bill S. 2328, supra; which was ordered to the bill S. 2328, supra; which was ordered media; and to lie on the table. (B) demonstrate solidarity with the fami- to lie on the table. SA 4889. Mr. MENENDEZ submitted an SA 4910. Mr. MENENDEZ submitted an lies of victims in light of these tragedies. amendment intended to be proposed by him amendment intended to be proposed by him f to the bill S. 2328, supra; which was ordered to the bill S. 2328, supra; which was ordered to lie on the table. to lie on the table. AMENDMENTS SUBMITTED AND SA 4911. Mr. MENENDEZ submitted an SA 4890. Mr. MENENDEZ submitted an PROPOSED amendment intended to be proposed by him amendment intended to be proposed by him to the bill S. 2328, supra; which was ordered SA 4870. Mr. BLUMENTHAL submitted an to the bill S. 2328, supra; which was ordered amendment intended to be proposed by him to lie on the table. to lie on the table. SA 4912. Mr. BLUMENTHAL submitted an to the bill S. 2328, to reauthorize and amend SA 4891. Mr. MENENDEZ submitted an amendment intended to be proposed by him the National Sea Grant College Program amendment intended to be proposed by him to the bill S. 2328, supra; which was ordered Act, and for other purposes; which was or- to the bill S. 2328, supra; which was ordered to lie on the table. dered to lie on the table. to lie on the table. SA 4913. Mr. BLUMENTHAL submitted an SA 4871. Mr. BLUMENTHAL submitted an SA 4892. Mr. MENENDEZ (for himself and amendment intended to be proposed by him amendment intended to be proposed by him Mr. BOOKER) submitted an amendment in- to the bill S. 2328, supra; which was ordered to the bill S. 2328, supra; which was ordered tended to be proposed by him to the bill S. to lie on the table. to lie on the table. 2328, supra; which was ordered to lie on the SA 4914. Mr. BLUMENTHAL submitted an SA 4872. Mr. BLUMENTHAL submitted an table. amendment intended to be proposed by him amendment intended to be proposed by him SA 4893. Mr. MENENDEZ submitted an to the bill S. 2328, supra; which was ordered to the bill S. 2328, supra; which was ordered amendment intended to be proposed by him to lie on the table. to lie on the table. to the bill S. 2328, supra; which was ordered SA 4915. Mr. BLUMENTHAL submitted an SA 4873. Mrs. MURRAY (for herself and Mr. to lie on the table. amendment intended to be proposed by him BROWN) submitted an amendment intended SA 4894. Mr. MENENDEZ (for himself and to the bill S. 2328, supra; which was ordered to be proposed by her to the bill S. 2328, Mr. BOOKER) submitted an amendment in- to lie on the table. supra; which was ordered to lie on the table. tended to be proposed by him to the bill S. SA 4916. Mr. SANDERS submitted an SA 4874. Mr. BROWN (for himself and Mrs. 2328, supra; which was ordered to lie on the amendment intended to be proposed by him MURRAY) submitted an amendment intended table. to the bill S. 2328, supra; which was ordered to be proposed by him to the bill S. 2328, SA 4895. Mr. MENENDEZ submitted an to lie on the table. supra; which was ordered to lie on the table. amendment intended to be proposed by him SA 4917. Mr. PORTMAN (for himself and SA 4875. Mr. SCHUMER submitted an to the bill S. 2328, supra; which was ordered Mr. BURR) submitted an amendment in- amendment intended to be proposed by him to lie on the table. tended to be proposed by him to the bill S. to the bill S. 2328, supra; which was ordered SA 4896. Mr. MENENDEZ submitted an 2328, supra; which was ordered to lie on the to lie on the table. amendment intended to be proposed by him table. SA 4876. Mr. MCCONNELL submitted an to the bill S. 2328, supra; which was ordered SA 4918. Mr. LEE submitted an amendment amendment intended to be proposed by him to lie on the table. intended to be proposed by him to the bill S. to the bill S. 2328, supra; which was ordered SA 4897. Mr. MENENDEZ (for himself and 2328, supra; which was ordered to lie on the to lie on the table. Mr. BOOKER) submitted an amendment in- table. SA 4877. Mr. MCCONNELL submitted an tended to be proposed by him to the bill S. SA 4919. Mr. LEE submitted an amendment amendment intended to be proposed by him 2328, supra; which was ordered to lie on the intended to be proposed by him to the bill S. to the bill S. 2328, supra; which was ordered table. 2328, supra; which was ordered to lie on the to lie on the table. SA 4898. Mr. MENENDEZ submitted an table. SA 4878. Mr. MCCONNELL submitted an amendment intended to be proposed by him SA 4920. Mr. LEE submitted an amendment amendment intended to be proposed by him to the bill S. 2328, supra; which was ordered intended to be proposed by him to the bill S. to the bill S. 2328, supra; which was ordered to lie on the table. 2328, supra; which was ordered to lie on the to lie on the table. SA 4899. Mr. MENENDEZ submitted an table. SA 4879. Mr. MCCONNELL submitted an amendment intended to be proposed by him SA 4921. Mr. LEE submitted an amendment amendment intended to be proposed by him to the bill S. 2328, supra; which was ordered intended to be proposed by him to the bill S. to the bill S. 2328, supra; which was ordered to lie on the table. 2328, supra; which was ordered to lie on the to lie on the table. SA 4900. Mr. MENENDEZ (for himself and table. SA 4880. Mr. MCCONNELL submitted an Mr. BOOKER) submitted an amendment in- SA 4922. Mr. LEE submitted an amendment amendment intended to be proposed by him tended to be proposed by him to the bill S. intended to be proposed by him to the bill S. to the bill S. 2328, supra; which was ordered 2328, supra; which was ordered to lie on the 2328, supra; which was ordered to lie on the to lie on the table. table. table. SA 4881. Ms. WARREN submitted an SA 4901. Mr. MENENDEZ (for himself and SA 4923. Mr. LEE submitted an amendment amendment intended to be proposed by her Mr. BOOKER) submitted an amendment in- intended to be proposed by him to the bill S. to the bill S. 2328, supra; which was ordered tended to be proposed by him to the bill S. 2328, supra; which was ordered to lie on the to lie on the table. 2328, supra; which was ordered to lie on the table. SA 4882. Mr. MENENDEZ (for himself and table. SA 4924. Mr. CASSIDY submitted an Ms. WARREN) submitted an amendment in- SA 4902. Mr. MENENDEZ submitted an amendment intended to be proposed by him tended to be proposed by him to the bill S. amendment intended to be proposed by him to the bill S. 2328, supra; which was ordered 2328, supra; which was ordered to lie on the to the bill S. 2328, supra; which was ordered to lie on the table. table. to lie on the table. SA 4925. Mr. PORTMAN (for himself and SA 4883. Mr. MENENDEZ (for himself and SA 4903. Mr. MENENDEZ submitted an Mr. BURR) submitted an amendment in- Ms. WARREN) submitted an amendment in- amendment intended to be proposed by him tended to be proposed by him to the bill S.

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2328, supra; which was ordered to lie on the Subtitle A—Medicaid (b) EFFECTIVE DATE.—The amendments table. SEC. 801. ELIMINATION OF GENERAL MEDICAID made by this section shall apply beginning SA 4926. Mr. MCCONNELL submitted an FUNDING LIMITATIONS (‘‘CAP’’) FOR October 1, 2016. amendment intended to be proposed by him TERRITORIES. to the bill S. 2328, supra; which was ordered (a) IN GENERAL.—Section 1108 of the Social SEC. 804. APPLICATION OF 100 PERCENT FED- to lie on the table. Security Act (42 U.S.C. 1308) is amended— ERAL POVERTY LINE (FPL) LIMITA- TION TO TERRITORIES. SA 4927. Mr. RUBIO (for himself and Mr. (1) in subsection (f), in the matter before CARDIN) proposed an amendment to the bill paragraph (1), by striking ‘‘subsection (g)’’ (a) IN GENERAL.—Section 1902 of the Social H.R. 3766, to direct the President to establish and inserting ‘‘subsections (g) and (h)’’; Security Act (42 U.S.C. 1396a) is amended— guidelines for covered United States foreign (2) in subsection (g)(2), in the matter before (1) in subsection (a)(10)(A)(i)(VIII), by in- assistance programs, and for other purposes. subparagraph (A)— serting ‘‘(or, subject to subsection (j), 100 SA 4928. Mr. RUBIO (for himself and Mr. (A) by striking ‘‘subject to and’’ and in- percent in the case of Puerto Rico, the Vir- CARDIN) proposed an amendment to the bill serting ‘‘subject to’’; and gin Islands of the United States, Guam, the H.R. 3766, supra. (B) by striking ‘‘paragraphs (3) and (5)’’ Northern Mariana Islands, and American f and inserting ‘‘, and paragraphs (3) and (5) of Samoa)’’ after ‘‘133 percent’’; and this subsection and subsection (h)’’; and (2) in subsection (j), as amended by section TEXT OF AMENDMENTS (3) by adding at the end the following new 803, by adding at the end the following new SA 4870. Mr. BLUMENTHAL sub- subsection: paragraph: mitted an amendment intended to be ‘‘(h) SUNSET OF MEDICAID FUNDING LIMITA- ‘‘(3)(A) Subject to subparagraph (B), Fed- TIONS FOR PUERTO RICO, THE VIRGIN ISLANDS eral financial participation shall not be proposed by him to the bill S. 2328, to OF THE UNITED STATES, GUAM, THE NORTHERN available to Puerto Rico, the Virgin Islands reauthorize and amend the National MARIANA ISLANDS, AND AMERICAN SAMOA.— of the United States, Guam, the Northern Sea Grant College Program Act, and Subsections (f) and (g) shall not apply to for other purposes; which was ordered Puerto Rico, the Virgin Islands of the United Mariana Islands, or American Samoa for medical assistance for an individual whose to lie on the table; as follows: States, Guam, the Northern Mariana Islands, family income exceeds 100 percent of the offi- Strike section 404. and American Samoa beginning with fiscal year 2017.’’. cial poverty line for a family of the size in- volved, except in the case of individuals SA 4871. Mr. BLUMENTHAL sub- (b) CONFORMING AMENDMENTS.— (1) Section 1902(j) of the Social Security qualifying for medical assistance under sub- mitted an amendment intended to be Act (42 U.S.C. 1396a(j)) is amended by strik- section (a)(10)(A)(i)(IX). proposed by him to the bill S. 2328, to ing ‘‘, the limitation in section 1108(f),’’. ‘‘(B) The Secretary may, under paragraph reauthorize and amend the National (2) Section 1903(u) of the Social Security (1) or section 1115, waive the limitation Sea Grant College Program Act, and Act (42 U.S.C. 1396b(u)) is amended by strik- under subparagraph (A) in the case of a terri- for other purposes; which was ordered ing paragraph (4). tory other than Puerto Rico. In carrying out to lie on the table; as follows: (3) Section 1323(c)(1) of the Patient Protec- this subparagraph, the Secretary shall take tion and Affordable Care Act (42 U.S.C. Strike sections 403 and 404. into account the eligibility levels estab- 18043(c)(1)) is amended by striking ‘‘2019’’ and lished under the State plan of the territory inserting ‘‘2016’’. Mr. BLUMENTHAL sub- involved before the date of the enactment of SA 4872. (c) EFFECTIVE DATE.—The amendments mitted an amendment intended to be made by this section shall apply beginning this paragraph.’’. proposed by him to the bill S. 2328, to with fiscal year 2017. (b) NOT APPLYING 5 PERCENT DISREGARD.— reauthorize and amend the National SEC. 802. ELIMINATION OF SPECIFIC FEDERAL Section 1902(e)(14)(I) of the Social Security Sea Grant College Program Act, and MEDICAL ASSISTANCE PERCENTAGE Act (42 U.S.C. 1396b(e)(14)(I)) is amended by for other purposes; which was ordered (FMAP) LIMITATION FOR TERRI- adding at the end the following: TORIES. to lie on the table; as follows: ‘‘The previous sentence shall only apply to a Section 1905 of the Social Security Act (42 State that is one of the 50 States or the Dis- Strike section 403. U.S.C. 1396d) is amended— trict of Columbia.’’. (1) in subsection (b)(2), by inserting ‘‘for SA 4873. Mrs. MURRAY (for herself fiscal years before fiscal year 2017’’ after (c) EFFECTIVE DATE.—The amendments and Mr. BROWN) submitted an amend- ‘‘American Samoa’’; and made by this section shall apply with respect ment intended to be proposed by her to (2) in subsection (y)(1), in the matter pre- to eligibility determinations made with re- the bill S. 2328, to reauthorize and ceding subparagraph (A)— spect to items and services furnished on or amend the National Sea Grant College (A) by inserting ‘‘, for fiscal years before after October 1, 2016. fiscal year 2017,’’ before ‘‘is one of the’’; and Program Act, and for other purposes; SEC. 805. PERMITTING MEDICAID DSH ALLOT- (B) by inserting ‘‘and, for fiscal year 2017 MENTS FOR TERRITORIES. which was ordered to lie on the table; and subsequent fiscal years, is one of the 50 as follows: States, the District of Columbia, Puerto Section 1923(f) of the Social Security Act Strike section 403. Rico, the Virgin Islands of the United States, (42 U.S.C. 1396) is amended— Guam, the Northern Mariana Islands, or (1) in paragraph (6), by adding at the end SA 4874. Mr. BROWN (for himself and American Samoa,’’ after ‘‘the District of Co- the following new subparagraph: Mrs. MURRAY) submitted an amend- lumbia’’. ‘‘(C) TERRITORIES.— ment intended to be proposed by him SEC. 803. APPLICATION OF MEDICAID WAIVER ‘‘(i) FISCAL YEAR 2017.—For fiscal year 2017, with respect to the territories of Puerto to the bill S. 2328, to reauthorize and AUTHORITY TO ALL OF THE TERRI- TORIES. Rico, the Virgin Islands of the United States, amend the National Sea Grant College (a) IN GENERAL.—Section 1902(j) of the So- Guam, the Northern Mariana Islands, and Program Act, and for other purposes; cial Security Act (42 U.S.C. 1396a(j)) is American Samoa, the DSH allotment deter- which was ordered to lie on the table; amended— mined for each such territory shall bear the as follows: (1) by striking ‘‘American Samoa and the same ratio to $150,000,000 as the ratio of the Strike section 404. Northern Mariana Islands’’ and inserting number of individuals who are low-income or ‘‘Puerto Rico, the Virgin Islands of the uninsured and residing in each such respec- SA 4875. Mr. SCHUMER submitted an United States, Guam, the Northern Mariana tive territory (as estimated from time to amendment intended to be proposed by Islands, and American Samoa’’; time by the Secretary) bears to the sums of (2) by striking ‘‘American Samoa or the the number of such individuals residing in him to the bill S. 2328, to reauthorize Northern Mariana Islands’’ and inserting all of the territories. and amend the National Sea Grant Col- ‘‘Puerto Rico, the Virgin Islands of the ‘‘(ii) SUBSEQUENT FISCAL YEAR.—For each lege Program Act, and for other pur- United States, Guam, the Northern Mariana subsequent fiscal year, the DSH allotment poses; which was ordered to lie on the Islands, or American Samoa’’; for each such territory is subject to an in- table; as follows: (3) by inserting ‘‘(1)’’ after ‘‘(j)’’; crease or reduction in accordance with para- On page 157, after line 19, add the fol- (4) by inserting ‘‘except as otherwise pro- graphs (3) and (7).’’; lowing: vided in this subsection,’’ after ‘‘Notwith- (2) in paragraph (7)(A), by striking clause standing any other requirement of this (iv) and redesignating clause (v) as clause TITLE VIII—IMPROVING THE TREATMENT title’’; and (iv); and OF THE U.S. TERRITORIES UNDER FED- (5) by adding at the end the following: (3) in paragraph (9), by inserting before the ERAL HEALTH PROGRAMS ‘‘(2) The Secretary may not waive under period at the end the following: ‘‘, and in- SEC. 800. EFFECTIVE DATE. this subsection the requirement of sub- cludes, beginning with fiscal year 2017, Puer- Section 2 of this Act shall apply to this section (a)(10)(A)(i)(IX) (relating to coverage to Rico, the Virgin Islands of the United title and the amendments made by this title of adults formerly under foster care) with re- States, Guam, the Northern Mariana Islands, unless otherwise specified in this title. spect to any territory.’’. and American Samoa’’.

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Subtitle B—Medicare later than January 2017, specified by the Sec- ‘‘(6) SPECIAL RULES FOR BLENDED BENCH- PART I—PART A retary. MARK AMOUNT FOR TERRITORIES.— ‘‘(2) REDUCTION IN LATE ENROLLMENT PEN- ‘‘(A) IN GENERAL.—Subject to paragraph SEC. 811. CALCULATION OF MEDICARE DSH PAY- MENTS FOR IPPS HOSPITALS IN ALTIES FOR CURRENT ENROLLEES AND INDIVID- (2), the blended benchmark amount for an PUERTO RICO. UALS ENROLLING DURING TRANSITION.— area in a territory for a year (beginning with Section 1886(d)(9)(D)(iii) of the Social Secu- ‘‘(A) IN GENERAL.—In the case of a transi- 2016) shall not be less than 80 percent of the rity Act (42 U.S.C. 1395ww(d)(9)(D)(iii)) is tion individual who is enrolled under this national average of the base payment amended to read as follows: part as of the day before the first day of the amounts specified in subparagraph (2)(E) for ‘‘(iii) Subparagraph (F) (relating to dis- effective month or who enrolls under this such year for areas within the 50 States and proportionate share payments), including ap- part on or after the date of the enactment of the District of Columbia. plication of subsection (r), except that for this subsection but before the end of the spe- ‘‘(B) LIMITATION.—In no case shall the this purpose— cial enrollment period under paragraph blended benchmark amount for an area in a ‘‘(I) the sum described in clause (ii) of this (1)(A), the amount of the late enrollment territory for a year under subparagraph (A) subparagraph shall be substituted for the penalty imposed under section 1839(b) shall exceed the lowest blended benchmark sum referred to in paragraph (5)(F)(ii)(I); and be recalculated by reducing the penalty to 15 amount for any area within the 50 States and ‘‘(II) for discharges occurring on or after percent of the penalty otherwise established. the District of Columbia for such year.’’. October 1, 2016, subclause (I) of paragraph ‘‘(B) APPLICATION.—Subparagraph (A) shall PART IV—PART D be applied in the case of a transition indi- (5)(F)(vi) shall be applied by substituting for SEC. 841. IMPROVED USE OF ALLOCATED PRE- the numerator described in such subclause vidual who— SCRIPTION DRUG FUNDS BY TERRI- the number of subsection (d) Puerto Rico ‘‘(i) is enrolled under this part as of the TORIES. hospital’s patient days for the cost reporting month before the effective month, for pre- Section 1935(e) of the Social Security Act period involved which were made up of pa- miums for months beginning with such effec- (42 U.S.C. 1396u–5(e)) is amended by adding at tients who (for such days) were entitled to tive month; or the end the following new paragraph: benefits under part A of this title and were— ‘‘(ii) enrolls under this part on or after the ‘‘(5) IMPROVED USE OF FUNDS FOR LOW-IN- ‘‘(aa) entitled to supplementary security date of the enactment of this Act and before COME PART D ELIGIBLE INDIVIDUALS.—This income benefits (excluding any State sup- the end of the special enrollment period subsection shall be applied beginning on Jan- plementation) under title XVI of this Act; under paragraph (1)(A), for premiums for uary 1, 2016, as follows, notwithstanding any ‘‘(bb) eligible for medical assistance under months during the coverage period under other provision of this title: a State plan under title XIX; or this part which occur during or after the ef- ‘‘(A) CLARIFYING STATE FLEXIBILITY TO ‘‘(cc) receiving aid or assistance under any fective month. COVER NON-DUAL-ELIGIBLE INDIVIDUALS.—For plan of the State approved under title I, X, ‘‘(C) LOSS OF REDUCTION IF INDIVIDUAL TER- purposes of this subsection, the term ‘med- XIV, or XVI.’’. MINATES ENROLLMENT.—Subparagraph (A) ical assistance’ includes financial assistance shall not apply to a transition individual if PART II—PART B furnished under this subsection by a State the individual terminates enrollment under other than the 50 States or the District of SEC. 821. APPLICATION OF PART B DEEMED EN- this part after the end of the special enroll- Columbia to part D eligible individuals who, ROLLMENT PROCESS TO RESIDENTS ment period under paragraph (1). OF PUERTO RICO; SPECIAL ENROLL- if they were residing in one of the 50 States RANSITION INDIVIDUAL DEFINED MENT PERIOD AND LIMIT ON LATE ‘‘(3) T .—In or the District of Columbia, would qualify as ENROLLMENT PENALTIES. this section, the term ‘transition individual’ subsidy eligible individuals under section (a) APPLICATION OF PART B DEEMED EN- means an individual who resides in Puerto 1860D–14(a)(3), without regard to whether ROLLMENT PROCESS TO RESIDENTS OF PUERTO Rico and who would have been deemed en- such individuals otherwise qualify for med- RICO.—Section 1837(f)(3) of the Social Secu- rolled under this part pursuant to section ical assistance under this title. rity Act (42 U.S.C. 1395p(f)(3)) is amended by 1837(f) before the first day of the effective ‘‘(B) 100 PERCENT FMAP TO REFLECT NO striking ‘‘, exclusive of Puerto Rico’’. month but for the fact that the individual STATE MATCHING REQUIRED FOR PART D LOW IN- (b) EFFECTIVE DATE.—The amendment was a resident of Puerto Rico, regardless of COME SUBSIDIES.—The Federal medical assist- made by subsection (a) shall apply to indi- whether the individual is enrolled under this ance percentage applicable to the assistance viduals whose initial enrollment period part as of such first day.’’. furnished under this subsection is 100 per- under section 1837(d) of the Social Security SEC. 822. PUERTO RICO PRACTICE EXPENSE GPCI cent. Act begins on or after the first day of the ef- IMPROVEMENT. ‘‘(C) LIMITED FUNDING FOR SPECIAL RULES.— fective month, specified by the Secretary of Section 1848(e)(1) of the Social Security Subparagraphs (A) and (B), and the provision Health and Human Services under section Act (42 U.S.C. 1395w–4(e)(1)) is amended— of medical assistance for covered part D 1839(j)(1)(C) of such Act, as added by sub- (1) in subparagraph (A), by striking ‘‘and drugs to low-income part D eligible individ- section (c)(2). (I)’’ and inserting ‘‘(I), and (J)’’; and uals for a State and year under this sub- (c) TRANSITION PROVIDING SPECIAL ENROLL- (2) by adding at the end the following new section, are limited to the amount specified MENT PERIOD AND LIMIT ON LATE ENROLL- subparagraph: in paragraph (3) for such State and year, MENT PENALTIES FOR CERTAIN MEDICARE ‘‘(J) FLOOR FOR PRACTICE EXPENSE INDEX without regard to the application of sub- BENEFICIARIES.—Section 1839 of the Social FOR SERVICES FURNISHED IN PUERTO RICO.— section (f) or (g) of section 1108.’’. Security Act (42 U.S.C. 1395r) is amended— ‘‘(i) IN GENERAL.—For purposes of payment SEC. 842. REPORT ON TREATMENT OF TERRI- (1) in the first sentence of subsection (b), for services furnished in Puerto Rico in a TORIES UNDER MEDICARE PART D. by inserting ‘‘subject to section 1839(j)(2),’’ year (beginning with 2016), after calculating Paragraph (4) of section 1935(e) of the So- after ‘‘subsection (i)(4) or (l) of section the practice expense index in subparagraph cial Security Act (42 U.S.C. 1396u–5(e)) is 1837,’’; and (A)(i) for Puerto Rico, if such index is below amended to read as follows: (2) by adding at the end the following new the reference index (as defined in clause (ii)) ‘‘(4) REPORT ON APPLICATION OF SUB- subsection: for the year, the Secretary shall increase SECTION.— ‘‘(j) SPECIAL RULES FOR CERTAIN RESIDENTS such index for Puerto Rico to equal the value ‘‘(A) IN GENERAL.—Not later than May 1, OF PUERTO RICO.— of the reference index for the year. The pre- 2018, the Secretary shall submit to Congress ‘‘(1) SPECIAL ENROLLMENT PERIOD, COV- ceding sentence shall not be applied in a a report on the application of this subsection ERAGE PERIOD FOR RESIDENTS WHO ARE ELIGI- budget neutral manner. during the period beginning with fiscal year BLE BUT NOT ENROLLED.— ‘‘(ii) REFERENCE INDEX DEFINED.—In this 2006 and ending with December 31, 2017. ‘‘(A) IN GENERAL.—In the case of a transi- subparagraph, the term ‘reference index’ ‘‘(B) INFORMATION TO BE INCLUDED IN RE- tion individual (as defined in paragraph (3)) means, with respect to a year, 0.800 or, if PORT.—Such report shall include— who is not enrolled under this part as of the less, the lowest practice expense index value ‘‘(i) program guidance issued by the Sec- day before the first day of the effective for the year for any area in the 50 States or retary to implement this subsection; month (as defined in subparagraph (C)), the the District of Columbia.’’. ‘‘(ii) for each of Puerto Rico, the Virgin Is- Secretary shall provide for a special enroll- PART III—MEDICARE ADVANTAGE (PART lands of the United States, Guam, the North- ment period under section 1837 of 7 months C) ern Mariana Islands, and American Samoa, beginning with such effective month during SEC. 831. ADJUSTMENT IN BENCHMARK FOR LOW information on the increased amount under which the individual may be enrolled under BASE PAYMENT COUNTIES IN PUER- paragraph (3) and how the territory has ap- this part. TO RICO. plied such amount, including the territory’s ‘‘(B) COVERAGE PERIOD.—In the case of such Section 1853(n) of the Social Security Act program design, expenditures, and number of an individual who enrolls during such special (42 U.S.C. 1395w–23(n)) is amended— individuals (and dual-eligible individuals) as- enrollment period, the coverage period under (1) in paragraph (1), by striking ‘‘and (5)’’ sisted; and section 1838 shall begin on the first day of and inserting ‘‘, (5), and (6)’’; ‘‘(iii) a description of the differences be- the second month after the month in which (2) in paragraph (4), by striking ‘‘In no tween how such territories are treated under the individual enrolls. case’’ and inserting ‘‘Subject to paragraph part D of title XVIII and under this title ‘‘(C) EFFECTIVE MONTH DEFINED.—In this (6), in no case’’; and compared with the treatment of the 50 section, the term ‘effective month’ means a (3) by adding at the end the following new States and the District of Columbia under month, not earlier than October 2016 and not paragraph: such part and this title for different fiscal

VerDate Sep 11 2014 06:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.029 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4655 years within the period covered under the re- by him to the bill S. 2328, to reauthor- Sec. 112. Establishment of Chief Financial port. ize and amend the National Sea Grant Officer. ‘‘(C) RECOMMENDATIONS.—Such report shall College Program Act, and for other Sec. 113. Development and approval of fiscal include recommendations for improving pre- plans. scription drug coverage for low-income indi- purposes; which was ordered to lie on Sec. 114. Severability. the table; as follows: viduals in each territory identified in sub- TITLE II—ADJUSTMENTS OF DEBTS OF A paragraph (B)(ii), including recommenda- At the end, add the following: TERRITORY OR ITS MUNICIPALITIES tions regarding each of the following alter- This Act shall take effect 3 days after the Subtitle A—General Provisions native approaches: date of enactment. ‘‘(i) Adjusting the aggregate amount speci- Sec. 201. Definitions. fied in paragraph (3)(B). SA 4879. Mr. MCCONNELL submitted Sec. 202. Who may be a debtor. ‘‘(ii) Allowing residents of the territories an amendment intended to be proposed Sec. 203. Reservation of territorial power to to be subsidy eligible individuals under sec- by him to the bill S. 2328, to reauthor- control municipalities. tion 1860D–14, notwithstanding subsection ize and amend the National Sea Grant Sec. 204. Limitation on jurisdiction and powers of court. (a)(3)(F) of such section, or providing sub- College Program Act, and for other stantially equivalent low-income prescrip- purposes; which was ordered to lie on Subtitle B—Initial Stay on Litigation tion drug subsidies to such residents.’’. the table; as follows: Sec. 211. Definitions. Subtitle C—Miscellaneous Sec. 212. Effective date. Strike ‘‘3 days’’ and insert ‘‘4 days’’. SEC. 851. REPORT ON EXCLUSION OF TERRI- Sec. 213. Automatic stay. TORIES FROM EXCHANGES. SA 4880. Mr. MCCONNELL submitted Subtitle C—Adjudication and Judicial (a) IN GENERAL.—Not later than February Review 1, 2018, the Secretary of Health and Human an amendment intended to be proposed Sec. 221. Petition and proceedings relating Services shall submit to Congress a report by him to the bill S. 2328, to reauthor- to petition. that details the adverse impacts in each ter- ize and amend the National Sea Grant Sec. 222. Jurisdiction. ritory from the practical exclusion of the College Program Act, and for other Sec. 223. Venue. territories from the provisions of part II of purposes; which was ordered to lie on Sec. 224. Selection of presiding judge. subtitle D of title I of the Patient Protection the table; as follows: Sec. 225. Appellate review. and Affordable Care Act insofar as such pro- Sec. 226. Applicable rules of procedure. visions provide for the establishment of an Strike ‘‘4’’ and insert ‘‘5’’. Sec. 227. Severability. American Health Benefit Exchange or the Ms. WARREN submitted an administration of a federally facilitated Ex- SA 4881. Subtitle D—The Plan change in each State and in the District of amendment intended to be proposed by Sec. 231. Filing of plan of adjustment. Columbia for the purpose of making health her to the bill S. 2328, to reauthorize Sec. 232. Confirmation. insurance more affordable and accessible for and amend the National Sea Grant Col- Subtitle E—Additional Provisions individuals and small businesses. lege Program Act, and for other pur- Sec. 241. Compensation of professionals. (b) INFORMATION IN REPORT.—The report poses; which was ordered to lie on the Sec. 242. Interim compensation. shall include information on the following: table; as follows: (1) An estimate of the total number of un- Sec. 243. Applicability of other sections. insured and underinsured individuals resid- At the end of section 109, add the fol- TITLE III—PUERTO RICO CHAPTER 9 ing in each territory with respect to health lowing: UNIFORMITY insurance coverage. (c) THREE-YEAR RESTRICTION.— Sec. 301. Short title. (2) A description of the number of health (1) IN GENERAL.—Any individual who serves Sec. 302. Amendment. insurance issuers in each territory and the as a member of the Oversight Board shall Sec. 303. Effective date; application of health insurance plans these issuers offer. not, during the 3-year period beginning on amendment. (3) An estimate of the number of individ- the date on which his or her membership on Sec. 304. Severability. uals residing in each territory who are de- the Oversight Board terminates, knowingly make, with the intent to influence, any com- TITLE I—TECHNICAL ASSISTANCE AND nied premium and cost-sharing assistance FISCAL REFORM that would otherwise be available to them munication to or appearance before any for obtaining health insurance coverage member of the Oversight Board on behalf of Subtitle A—Technical Assistance through an Exchange if they resided in one any other person (except the United States SEC. 101. DEFINITIONS. of the 50 States or in the District of Colum- or a State or local government). In this title: bia. (2) PENALTY.—Any individual who violates (1) BOARD.—The term ‘‘Board’’ means a (4) An estimate of the amount of Federal subparagraph (A) shall be subject to the pen- Fiscal Stability and Reform Board estab- assistance described in paragraph (3) that is alties described in section 216 of title 18, lished in accordance with section 111. not being made available to residents of each United States Code. (2) CHIEF FINANCIAL OFFICER.—The term territory. ‘‘Chief Financial Officer’’ means a Chief Fi- (5) An estimate of the number of small em- SA 4882. Mr. MENENDEZ (for himself nancial Officer established in accordance ployers in each territory that would be eligi- and Ms. WARREN) submitted an amend- with section 112. ble to purchase health insurance coverage ment intended to be proposed by him (3) COMPLIANT BUDGET.—The term ‘‘compli- through a Small Business Health Options to the bill S. 2328, to reauthorize and ant budget’’ means a budget that is prepared Program (SHOP) Marketplace that would op- amend the National Sea Grant College in accordance with— erate as part of an Exchange if the employ- Program Act, and for other purposes; (A) modified accrual accounting standards; ers were in one of the 50 States or in the Dis- which was ordered to lie on the table; and trict of Columbia. (B) the applicable Fiscal Plan. as follows: (4) COVERED TERRITORIAL INSTRUMEN- SA 4876. Mr. MCCONNELL submitted Strike all after the enacting clause and in- TALITY.—The term ‘‘covered territorial in- an amendment intended to be proposed sert the following: strumentality’’ means a territorial instru- by him to the bill S. 2328, to reauthor- SECTION 1. SHORT TITLE. mentality designated by the Board pursuant ize and amend the National Sea Grant This Act may be cited as the ‘‘Puerto Rico to section 111(b) to be subject to the require- College Program Act, and for other Stability Act of 2016’’. ments of subtitle B. purposes; which was ordered to lie on SEC. 2. TABLE OF CONTENTS. (5) COVERED TERRITORY.—The term ‘‘cov- the table; as follows: The table of contents for this Act is as fol- ered territory’’ means a territory for which a lows: Board has been established under section 111. At the end, add the following: (6) FISCAL PLAN.—The term ‘‘Fiscal Plan’’ This Act shall take effect 2 days after the Sec. 1. Short title. means a fiscal plan for a covered territory date of enactment. Sec. 2. Table of contents. TITLE I—TECHNICAL ASSISTANCE AND submitted and approved in accordance with SA 4877. Mr. MCCONNELL submitted FISCAL REFORM section 113. (7) GOVERNOR.—The term ‘‘Governor’’ an amendment intended to be proposed Subtitle A—Technical Assistance by him to the bill S. 2328, to reauthor- means the chief executive of a territory. Sec. 101. Definitions. (8) LEGISLATURE.— ize and amend the National Sea Grant Sec. 102. Improving accounting and disclo- (A) IN GENERAL.—The term ‘‘legislature’’ College Program Act, and for other sure practices. means the legislative body responsible for purposes; which was ordered to lie on Sec. 103. Purchases by territory govern- enacting the laws of a territory. ment. the table; as follows: (B) EXCLUSION.—The term ‘‘legislature’’ Strike ‘‘2 days’’ and insert ‘‘3 days’’. Subtitle B—Fiscal Stability and Reform does not include Congress. Boards and Chief Financial Officers (9) MODIFIED ACCRUAL ACCOUNTING STAND- SA 4878. Mr. MCCONNELL submitted Sec. 111. Establishment of Fiscal Stability ARDS.—The term ‘‘modified accrual account- an amendment intended to be proposed and Reform Board. ing standards’’ means accounting standards

VerDate Sep 11 2014 06:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.029 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4656 CONGRESSIONAL RECORD — SENATE June 28, 2016 issued by the Governmental Accounting cal Stability and Reform Board under this (i) For members appointed under para- Standards Board that recognize— subtitle, a Board is established for the terri- graph (1)(A), as designated by the President (A) revenues as they become available and tory. at the time of appointment— measured; and (I) 1 member shall be appointed for a term (b) BOARD OVERSIGHT OF TERRITORIAL IN- (B) expenditures as liabilities are incurred. of 2 years; and STRUMENTALITIES.— (10) OFFICE.—The term ‘‘Office’’ means an (II) 1 member shall be appointed for a term (1) DESIGNATION.— Office of the Chief Financial Officer estab- of 4 years. (A) IN GENERAL.—A Board, at such time as (ii) For members appointed under para- lished in accordance with section 112. the Board determines to be appropriate, may ERRITORIAL GOVERNMENT.—The term graph (1)(B)— (11) T designate a territorial instrumentality as a ‘‘territorial government’’ means the govern- (I) both members shall be appointed to a covered territorial instrumentality that is ment of a covered territory, including each term to terminate 6 months after the next subject to the requirements of this subtitle. territorial instrumentality of the govern- gubernatorial election; and (B) BUDGETS AND REPORTS.—A Board may (II) in the event that the Governor of a ter- ment of the covered territory. require the Governor or the Chief Financial ERRITORIAL INSTRUMENTALITY.— ritory signs a resolution adopted by the leg- (12) T Officer of the applicable covered territory to (A) IN GENERAL.—The term ‘‘territorial in- islature of the territory to request the estab- submit to the Board such annual budgets or strumentality’’ means a political subdivi- lishment of a Board under this subtitle with- monthly or quarterly reports relating to a sion, public agency, instrumentality, or pub- in 12 months of the next gubernatorial elec- covered territorial instrumentality as the lic corporation of a territory. tion, both members shall be appointed to a Board determines to be necessary. (B) EXCLUSION.—The term ‘‘territorial in- term of 2 years. (C) INCLUSION IN FISCAL PLAN.—The Gov- strumentality’’ does not include a Board. (iii) For members appointed under para- ernor of the applicable covered territory (13) TERRITORY.—The term ‘‘territory’’ graph (1)(C), the member shall remain ap- shall include in the applicable Fiscal Plan a means— pointed for the life of the Board. description of each requirement under sec- (A) the Commonwealth of Puerto Rico; (iv) For members appointed under para- tion 113(c) for each covered territorial in- (B) Guam; graph (1)(D), as designated by the appointing strumentality. (C) American Samoa; entity at the time of appointment— (2) EXCLUSION.— (D) the Commonwealth of the Northern (I) if the legislature has 2 chambers— (A) IN GENERAL.—A Board, at such time as (aa) 1 member shall be appointed by the po- Mariana Islands; or the Board determines to be appropriate, may (E) the United States Virgin Islands. litical party holding the most seats in the exclude any territorial instrumentality of lower chamber of the legislature to a term to SEC. 102. IMPROVING ACCOUNTING AND DISCLO- the covered territory from the requirements terminate 6 months after the next legislative SURE PRACTICES. of this subtitle. (a) IN GENERAL.—On request of the applica- election of the applicable territory; (B) TREATMENT.—A territorial instrumen- ble Governor, legislature, or Board (if any), (bb) 1 member shall be appointed by the po- tality excluded pursuant to this paragraph the Secretary of the Treasury (referred to in litical party holding the second-most seats shall not be considered to be a covered terri- this section as the ‘‘Secretary’’) may provide in the lower chamber of the legislature to a torial instrumentality. technical assistance to a territory that the term to terminate 6 months after the next Secretary determines to be eligible for tech- (c) EXEMPTION FROM LIABILITY FOR legislative election of the applicable terri- nical assistance relating to fiscal and finan- CLAIMS.—A Board, and each member of the tory; cial practices. Board, shall not be liable for any obligation (cc) 1 member shall be appointed by the po- litical party holding the most seats in the (b) INCLUSIONS.—In providing technical as- of, or claim against, the applicable covered sistance under subsection (a), the Secretary territory resulting from any action of the upper chamber of the legislature to a term to may, in association with any Federal depart- Board to carry out this subtitle. terminate 30 months after the next legisla- ment or agency or the Federal Reserve Sys- tive election of the applicable territory; and (d) MEMBERSHIP.— (dd) 1 member shall be appointed by the po- tem, including any Federal Reserve Bank, (1) IN GENERAL.—A Board shall consist of 9 provide assistance relating to— litical party holding the second-most seats members who meet the qualifications de- in the upper chamber of the legislature to a (1) information technology upgrades; scribed in paragraph (6), and of whom: term to terminate 30 months after the next (2) improving economic forecasting, includ- (A) 2 members shall be appointed by the legislative election of the applicable terri- ing multiyear fiscal forecasting capabilities; President in accordance with the require- tory; and (3) budgeting, tax collection, cash manage- ments described in paragraph (5). (II) if the legislature has 1 chamber— ment, and spending controls; (B) 2 members shall be appointed by the (aa) 1 member shall be appointed by the po- (4) ensuring that agencies in the territory Governor of the applicable covered territory. litical party holding the most seats in the use financial systems that are compatible (C) 1 member shall be appointed by the legislature to a term to terminate 6 months with the systems of other agencies of the chief justice of the highest appellate court of after the next legislative election of the ap- territory and Federal agencies to provide for the applicable covered territory. plicable territory; consistent, timely financial reporting and (D) 4 members shall be appointed by the (bb) 1 member shall be appointed by the po- visibility into expenses; legislature of the applicable covered terri- litical party holding the second-most seats (5) improving and expanding economic in- tory as follows: in the legislature to a term to terminate 6 dicators for the territory to make available (i) If the legislature has 2 chambers— months after the next legislative election of for the territory the indicators regularly (I) 1 member shall be appointed by the po- the applicable territory; used to track regional conditions on the litical party holding the most seats in the (cc) 1 member shall be appointed by the po- United States mainland; and lower chamber of the legislature; litical party holding the most seats in the (6) such other matters as the Secretary, in (II) 1 member shall be appointed by the po- legislature to a term to terminate 30 months consultation with the territory, determines litical party holding the second-most seats after the next legislative election of the ap- to be appropriate. in the lower chamber of the legislature; plicable territory; and (c) AUTHORIZATION OF APPROPRIATIONS.— (III) 1 member shall be appointed by the (dd) 1 member shall be appointed by the po- There are authorized to be appropriated such political party holding the most seats in the litical party holding the second-most seats sums as are necessary to carry out this sec- upper chamber of the legislature; and in the legislature to a term to terminate 30 tion. (IV) 1 member shall be appointed by the months after the next legislative election of SEC. 103. PURCHASES BY TERRITORY GOVERN- political party holding the second-most seats the applicable territory. MENT. in the upper chamber of the legislature. (4) VACANCIES.— Section 302 of the Omnibus Insular Areas (ii) If the legislature has 1 chamber— (A) IN GENERAL.—Each member shall re- Act of 1992 (48 U.S.C. 1469e) is amended to (I) 2 members shall be appointed by the po- main appointed as long as the applicable read as follows: litical party holding the most seats in the qualifications of appointment under para- ‘‘SEC. 302. INSULAR GOVERNMENT PURCHASES. legislature; and graph (6) remain satisfied, except that any ‘‘The governments of the Commonwealth (II) 2 members shall be appointed by the member may be removed by the original ap- of Puerto Rico, Guam, American Samoa, the political party holding the second-most seats pointing entity. Commonwealth of the Northern Mariana Is- in the legislature. (B) EFFECT.—Any vacancy in the Board— lands, and the United States Virgin Islands (2) CHAIRPERSON.—The member appointed (i) shall not affect the powers of the Board; are authorized to make purchases through under paragraph (1)(C) shall serve as the and the General Services Administration.’’. chairperson of the Board. (ii) shall be filled in the same manner as Subtitle B—Fiscal Stability and Reform (3) PERIOD OF APPOINTMENT.— the original appointment by the original ap- Boards and Chief Financial Officers (A) IN GENERAL.—Except for the member pointing entity as soon as practicable after SEC. 111. ESTABLISHMENT OF FISCAL STABILITY appointed under paragraph (1)(C) and for the the date on which the vacancy occurs, sub- AND REFORM BOARD. initial terms of members, each member of ject to the approval described in paragraph (a) REQUEST.—Effective on the date on the Board shall be— (3). which the Governor of a territory signs a res- (i) appointed for a term of 4 years; and (C) TERM.—A member appointed to fill a olution adopted by the legislature of the ter- (ii) eligible for reappointment. vacancy shall serve for the remainder of the ritory to request the establishment of a Fis- (B) INITIAL TERMS.— term to which the member was appointed.

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(5) APPROVAL OF MEMBERSHIP.—A new (2) be allowed travel expenses, including subsequent legislative appropriation, suffi- member appointed shall be approved by the per diem in lieu of subsistence, at rates au- cient to support the annual costs of the full board, excluding the member that the thorized for employees of agencies under sub- Board, as determined by the Board, to carry new member was appointed to replace. chapter I of chapter 57 of title 5, United out this subtitle. (6) REQUIREMENTS FOR PRESIDENTIAL AP- States Code, while away from the home or (i) POWERS.— POINTMENTS.— regular place of business of the member in (1) HEARINGS.—The Board may, for the pur- (A) TIMING; REQUIRED CONSULTATION.—As the performance of the duties of the Board. pose of performing the duties of the Board— soon as practicable after the date on which a (f) BYLAWS.— (A) hold such hearings, meet and act at territory submits to the President a resolu- (1) IN GENERAL.—As soon as practicable such times and places, take such testimony, tion described in subsection (a), and after after the appointment of all members to the receive such evidence, and administer such consultation with the appropriate commit- Board, the Board shall adopt bylaws, rules, oaths as the Board considers to be appro- tees of Congress and the Governor of the ap- and procedures to govern the activities of priate; and plicable covered territory, the President the Board under this subtitle, including pro- (B) require, by subpoena or otherwise, the shall appoint members to the Board under cedures for hiring experts and consultants. attendance and testimony of such witnesses paragraph (1)(A). (2) TREATMENT.—The bylaws, rules, and and the production of such books, records, (B) REMOVAL.—The President may remove procedures adopted pursuant to this sub- correspondence, memoranda, papers, docu- a member appointed by the President only section shall be— ments, tapes, and materials as the Board for cause. (A) public documents; and considers to be appropriate. (B) on adoption, submitted by the Board (7) QUALIFICATIONS.— (2) ISSUANCE AND ENFORCEMENT OF SUB- N GENERAL to— (A) I .—An individual meets the POENAS.— qualifications for membership on the Board (i) the President; and (A) ISSUANCE.—A subpoena issued under (ii) the Governor and legislature of the ap- if the individual has knowledge and expertise paragraph (1)(B) shall— plicable covered territory. relating to finance, management, economics, (i) bear the signature of the chairperson of (g) STAFF.— or the organization or operation of business the Board; and (1) IN GENERAL.—On the approval of the or government. (ii) be served by any person or class of per- (B) CONNECTION TO COVERED TERRITORY.— chairperson, the Board may appoint such sons designated by the chairperson to serve a Not less than 6 members shall have knowl- staff as are necessary to enable the Board to subpoena under paragraph (1)(B). edge and expertise relating to the history, perform the duties of the Board. (B) ENFORCEMENT.—In the case of contu- socioeconomic circumstances, and heritage (2) ELIGIBLE INDIVIDUALS.—For purposes of macy or failure to obey a subpoena issued of the applicable covered territory. chapter 11 of title 18, United States Code, under paragraph (1)(B), the United States (C) RESIDENCE IN COVERED TERRITORY.—Not and section 2635 of title 5, Code of Federal district court for the district in which the less than 6 members shall maintain a pri- Regulations, or any successor thereto, the subpoenaed person resides, is served, or may mary residence in the applicable covered ter- executive director and other staff employed be found may issue an order requiring the ritory. by the Board shall be considered employees person— (D) SPECIAL LIMITATION ON MEMBERSHIP.— of an Executive agency (as defined in section No current member of the applicable terri- 105 of title 5, United States Code), including (i) to appear at any designated place to tes- tory’s legislature shall be eligible to serve on a member of the staff who is— tify; or the Board. (A) a private citizen; (ii) to produce documentary or other evi- dence. (8) CONFLICTS OF INTEREST.— (B) an employee of the applicable terri- (C) NONCOMPLIANCE.—Any failure to obey (A) IN GENERAL.—An individual appointed torial government; or to serve as a member of the Board— (C) an employee of the Federal Govern- the order of a court under this paragraph (i) shall be subject to— ment. may be punished by the court as a contempt (I) the Federal conflict of interest require- (3) DETAILEES.— of court. ments described in section 208 of title 18, (A) FEDERAL EMPLOYEES.—On request of (3) ENTRANCE INTO CONTRACTS.—The Board, United States Code, except with respect to the chairperson of the Board, the head of a or any of the staff of the Board on behalf of subsection (b) of that section; and Federal department or agency may detail to the Board, may enter into such contracts as (II) the conflict of interest disclosure re- the Board, on a reimbursable or nonreim- the Board considers appropriate to carry out quirements under title I of the Ethics in bursable basis, and in accordance with the the duties of the Board. Government Act of 1978 (5 U.S.C. App.); and Intergovernmental Personnel Act of 1970 (42 (j) DUTIES.— (ii) shall not have any other conflict of in- U.S.C. 4701 et seq.), any of the personnel of (1) MONITORING AND RECOMMENDATIONS.— terest relating to the duties of the Board, in- the department or agency to assist the Board (A) IN GENERAL.—Based on information cluding ownership of any debt security of— in the performance of the duties of the provided in a monthly report submitted (I) the applicable territorial government; Board. under section 112(f)(1)(A), the Board may rec- or (B) TERRITORIAL GOVERNMENT EMPLOYEES.— ommend to the Governor and legislature of (II) a territorial instrumentality. On request of the chairperson of the Board, the applicable covered territory policy ad- (B) DEFINITION.—For purposes of subpara- the head of any department or agency of the justments that should be made to ensure the graph (A)(ii), the term ‘‘conflict of interest’’ applicable territorial government may detail expenditures and revenues of the adopted includes the interests of an organization in to the Board, on a reimbursable or nonreim- budget for the applicable fiscal year are bal- which the individual is serving as officer, di- bursable basis, any of the personnel of the anced. rector, trustee, general partner or employee, department or agency to assist the Board in (2) IMPROVEMENTS TO OPERATIONAL EFFI- or any person or organization with whom the the performance of the duties of the Board. CIENCY.— individual is negotiating or has any arrange- (4) OFFICERS.— (A) IN GENERAL.—The Board shall work ment concerning prospective employment. (A) APPOINTMENT.—The chairperson may with the applicable territorial government (C) 3-YEAR RESTRICTION.— appoint to the Board an executive director or to improve the operational efficiency of the (i) IN GENERAL.—Any individual who serves such other officers as the chairperson deter- applicable territorial government, including as a member of the Board shall not, during mines to be necessary to assist the Board in the efforts of the applicable territorial gov- the 3-year period beginning on the date on the performance of the duties of the Board. ernment— which membership on the Board terminates, (B) TERM; PAYMENT.—An executive director (i) to strengthen financial recordkeeping knowingly make, with the intent to influ- or officer appointed pursuant to subpara- and reporting; ence, any communication to or appearance graph (A) shall serve for such period and be (ii) to control the number and cost of gov- before any member of the Board or Chief Fi- paid such compensation as the Board deter- ernment contracts; nancial Officer on behalf of any other person mines to be appropriate. (iii) to collect and enforce the collection of (except the United States or a State or local (h) FUNDING.— taxes; government). (1) IN GENERAL.—The Board— (iv) to promote economic growth; (ii) PENALTY.—Any individual who violates (A) may use funds provided by the applica- (v) to improve Federal grant management; clause (i) shall be subject to the penalties de- ble territorial government to ensure suffi- and scribed in section 216 of title 18, United cient funds are made available to cover all (vi) to increase the effective use of infor- States Code. expenses of the Board; and mation technology. (iii) VIOLATIONS.—If a member of the Board (B) shall submit to the Governor and legis- (B) REPORT.—Within a reasonable period of is determined to be in violation of the re- lature of the applicable covered territory for time, the Board shall submit to the applica- quirements described in subparagraph (A), inclusion in the annual budget appropria- ble territorial government a report describ- the member shall be removed from member- tions process of the applicable territorial ing recommendations to improve the oper- ship on the Board and may be subject to ad- government a report describing any request ational efficiency of the applicable terri- ditional actions or penalties set forth under and use of funds provided by the applicable torial government, including efforts de- Federal ethics rules. territorial government. scribed in subparagraph (A). (e) NO COMPENSATION FOR SERVICE.—Each (2) LOCAL FUNDING.—A covered territory (3) REVIEW OF BUDGETS; QUARTERLY RE- member of the Board shall— shall designate a dedicated territorial gov- PORTS.— (1) serve without compensation; and ernment source of funding, not subject to (A) BUDGET PROPOSED BY GOVERNOR.—

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(i) SUBMISSION TO BOARD.—The Governor of (ii) DETERMINATION BY BOARD.—Not later term credit markets at reasonable interest the applicable covered territory shall submit than the date that is 7 days after the date on rates to meet the borrowing needs of the ter- to the Board for review a proposed budget for which the Board receives an adopted budget ritorial government using a compliant budg- each fiscal year, in consultation with the submitted under clause (i), the Board shall— et; or Chief Financial Officer and based on the ap- (I) determine whether the adopted budget (2) for not less than 3 consecutive fiscal plicable forecast of revenues submitted by is a compliant budget in consultation with years prior to the certification, the expendi- the Chief Financial Officer, by not later than the Chief Financial Officer; and tures made by the applicable territorial gov- the earlier of— (II)(aa) if the adopted budget is a compli- ernment for each fiscal year did not exceed (I) the date that is 120 days before the first ant budget, issue a compliance certification the revenues of the territorial government day of the fiscal year covered by the pro- for the compliant budget; or during that fiscal year, using a compliant posed budget; and (bb) if the budget is not a compliant budg- budget. (II) the date that is 60 days before the date et— SEC. 112. ESTABLISHMENT OF CHIEF FINANCIAL by which the Governor is required under ap- (AA) issue a certificate of noncompliance; OFFICER. (BB) publicly submit recommendations of plicable law to submit to the legislature of (a) ESTABLISHMENT OF OFFICE.— the Board and the Chief Financial Officer for the applicable covered territory a proposed (1) IN GENERAL.—Effective on the date on budget for the applicable fiscal year. adjustments that should be made to the which the Governor of a territory signs a res- budget of the territorial government for the (ii) DETERMINATION OF COMPLIANT BUDG- olution adopted by the legislature of the ter- upcoming fiscal year to ensure the revenues ET.—Not later than the date that is 15 days ritory to request the establishment of a Fis- and expenditures are consistent with the Fis- after the date on which a Board receives a cal Stability and Reform Board under this cal Plan; proposed budget under clause (i), the Board subtitle, an Office of the Chief Financial Of- (CC) provide to the Governor and legisla- shall— ficer is established for the territory, which ture of the applicable covered territory a (I) determine whether the proposed budget shall be headed by the Chief Financial Offi- certificate of noncompliance that includes a is a compliant budget; and cer of the territory. description of any recommendations of the (II)(aa) if the proposed budget is a compli- (2) AUTHORITY TO REQUEST.—Effective with Board and the Chief Financial Officer for ad- ant budget— the appointment of the first Chief Financial justments that should be made to the budget Officer under subsection (d), the Chief Finan- (AA) approve the compliant budget; and of the territorial government for the upcom- cial Officer may request other offices be con- (BB) submit the compliant budget to the ing fiscal year to ensure the revenues and ex- solidated within the office, subject to the ap- legislature of the applicable covered terri- penditures are consistent with the Fiscal tory; or Plan; and proval of the applicable territory’s legisla- (bb) if the proposed budget is not a compli- (DD) issue a directive that the Governor ture, with the function and personnel of the ant budget, provide to the Governor of the and the legislature shall strive to adopt the offices transferred to the office. applicable covered territory— Board’s recommendations in the budget of (3) RETENTION OF AUTHORITY.—Notwith- (AA) a notice of violation that includes a the territorial government for the upcoming standing paragraph (2), the applicable terri- description of any corrective action sug- fiscal year. tory shall retain its authority to appoint and gested by the Board; and (C) QUARTERLY REPORTS.—On receipt of a remove personnel and agency heads of con- (BB) an opportunity to correct the viola- quarterly report from the Chief Financial Of- solidated offices. tion by requiring the Governor to submit to ficer under section 112(f)(1)(B), the Board (4) CONFLICTS OF INTEREST.— the Board a revised budget by not later than shall— (A) IN GENERAL.—An individual appointed the date that is 15 days after the date on (i) conduct a review to determine whether to serve as a Chief Financial Officer— which the notice of violation under subitem the actual quarterly revenues and expenses (i) shall be subject to— (AA) is provided. for the applicable territorial government are (I) the Federal conflict of interest require- (iii) REVISED BUDGETS.—Not later than the in compliance with the applicable approved ments described in section 208 of title 18, date that is 7 days after the date on which budget; and United States Code, except with respect to the Board receives a revised budget under (ii) if the Board determines that the actual subsection (b) of that section; and clause (ii)(II)(bb)(BB), the Board shall— quarterly revenues and expenses for the ap- (II) the conflict of interest disclosure re- (I) determine whether the revised budget is plicable territorial government are not in quirements under title I of the Ethics in a compliant budget in consultation with the compliance with the applicable approved Government Act of 1978 (5 U.S.C. App.); and Chief Financial Officer; and budget under clause (i), provide to the Gov- (ii) shall not have any other conflict of in- (II)(aa) if the revised budget is a compliant ernor recommendations for adjustments that terest relating to the duties of the Chief Fi- budget— should be made to ensure the revenues and nancial Officer, including ownership of any (AA) approve the compliant budget; and expenditures of the adopted budget of the ap- debt security of— (BB) submit the compliant budget to the plicable territorial government for the appli- (I) the applicable territorial government; legislature of the applicable covered terri- cable fiscal year are balanced. or tory; or (4) ISSUANCE OF DEBT.—No territorial gov- (II) a territorial instrumentality. (bb) if the revised budget is not a compli- ernment may, without providing prior writ- (B) DEFINITION.—For purposes of subpara- ant budget— ten and public notice to the Board, issue graph (A)(ii), the term ‘‘conflict of interest’’ (AA) issue a notice of noncompliance; debt or guarantee, exchange, modify, repur- includes the interests of an organization in (BB) publicly submit recommendations of chase, redeem, or enter into a similar trans- which the individual is serving as officer, di- the Board and the Chief Financial Officer for action with respect to the debt of the terri- rector, trustee, general partner or employee, adjustments that should be made to ensure torial government. or any person or organization with whom the the adopted budget of the territorial govern- (5) AUTHORITY TO REVIEW DISCRETIONARY individual is negotiating or has any arrange- ment for the applicable fiscal year is a com- TAX WAIVERS.— ment concerning prospective employment. pliant budget; (A) IN GENERAL.—Not later than the date (C) 3-YEAR RESTRICTION.— (CC) submit the noncompliant budget to that is 180 days after the date of the estab- (i) IN GENERAL.—Any individual who serves the legislature of the applicable covered ter- lishment of a Board under subsection (a), the as Chief Financial Officer shall not, during ritory with recommendations of the Board Governor of the applicable covered territory the 3-year period beginning on the date on and the Chief Financial Officer for adjust- shall submit to the Board an audited report which his or her tenure as Chief Financial ments that should be made to ensure the documenting each outstanding discretionary Officer terminates, knowingly make, with adopted budget of the territorial government tax waiver agreement to which any entity of the intent to influence, any communication for the applicable fiscal year is a complaint the applicable territorial government is a to or appearance before any member of the budget; and party, including each agreement pursuant to Board or Chief Financial Officer on behalf of (DD) issue a directive that the legislature which the applicable entity of the territorial any other person (except the United States shall strive to adopt the Board’s rec- government waived, changed the due date of, or a State or local government). ommendations in the budget of the terri- or changed the amount of taxes due. (ii) PENALTY.—Any individual who violates torial government for the applicable fiscal (B) NEW TAX WAIVERS.—Effective on the clause (i) shall be subject to the penalties de- year. date on which a Board is established under scribed in section 216 of title 18, United (B) BUDGET APPROVAL BY LEGISLATURE.— subsection (a), no new tax waiver agreement States Code. (i) IN GENERAL.—The legislature of the ap- may be executed by the applicable territorial (iii) VIOLATIONS.—If a Chief Financial Offi- plicable covered territory shall submit to the government without prior approval of the cer is determined to be in violation of the re- Board the budget adopted by the legislature Board. quirements described in this subparagraph, not later than— (k) TERMINATION OF BOARD.—A Board shall the member shall be removed from the posi- (I) the date that is 30 days before the first terminate on certification by the Board tion of Chief Financial Officer and may be day of each applicable fiscal year; or that— subject to additional actions or penalties set (II) the date previously approved in writing (1) the Board has been in operation for not forth under Federal ethics rules. by the Board not to exceed 60 days after the less than 3 years and the applicable terri- (b) STAFF.— first day of the applicable fiscal year, if a torial government has adequate access, on (1) IN GENERAL.—The Chief Financial Offi- date was approved in writing. an unsecured basis, to short-term and long- cer may appoint such staff as are necessary

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to enable the Office to perform the duties of (1) ISSUANCE AND ENFORCEMENT OF SUB- ficer shall submit to the applicable terri- the Office. POENAS.— torial government and Board a forecast of (2) ELIGIBLE INDIVIDUALS.—For purposes of (A) PURPOSE.—The Chief Financial Officer revenues for the upcoming fiscal year to be chapter 11 of title 18, United States Code, may, for the purpose of performing the du- used to develop the budget. and section 2635 of title 5, Code of Federal ties of the office, require, by subpoena or (A) REQUIREMENTS.—A forecast under para- Regulations, or any successor thereto, the otherwise, the attendance and testimony of graph (2) shall be— executive director and other staff employed such witnesses and the production of such (i) based on applicable law; and by the office shall be considered employees books, records, correspondence, memoranda, (ii) prepared in accordance with the appli- of an Executive agency (as defined in section papers, documents, tapes, and materials as cable Fiscal Plan. 105 of title 5, United States Code), including the Chief Financial Officer considers to be (3) FINANCIAL AND ACCOUNTING INFORMA- a member of the staff who is— appropriate. TION.—The Chief Financial Officer shall en- (A) a private citizen; (B) ISSUANCE.—A subpoena issued under sure the following: (B) an employee of the applicable terri- paragraph (1)(B) shall— (A) All financial information presented by torial government; or (i) bear the signature of the Chief Finan- the applicable territory is presented in a (C) an employee of the Federal Govern- cial Officer; and manner, and is otherwise consistent with ment. (ii) be served by any person or class of per- any requirements promulgated by the Board. (3) DETAILEES.— sons designated by the Chief Financial Offi- (B) Appropriate procedures are imple- (A) FEDERAL EMPLOYEES.—On request of cer to serve a subpoena under paragraph mented and institute such programs, sys- the Chief Financial Officer, the head of a (1)(B). tems, and personnel policies within the Offi- Federal department or agency may detail to (C) ENFORCEMENT.—In the case of contu- cer’s authority, to ensure that the applicable the Office, on a reimbursable or nonreim- macy or failure to obey a subpoena issued territory’s budget, accounting and personnel bursable basis, and in accordance with the under paragraph (1)(B), the United States control systems and structures are syn- Intergovernmental Personnel Act of 1970 (42 district court for the district in which the chronized for budgeting and control purposes U.S.C. 4701 et seq.), any of the personnel of subpoenaed person resides, is served, or may on a continuing basis. the department or agency to assist the Office be found may issue an order requiring the (C) Appropriate forms of receipts, vouch- in the performance of the duties of the Of- person— ers, bills, and claims to be used by all agen- fice. (i) to appear at any designated place to tes- cies, offices, and instrumentalities of the ap- (B) TERRITORIAL GOVERNMENT EMPLOYEES.— tify; or plicable territorial government. On request of the Chief Financial Officer, the (ii) to produce documentary or other evi- (4) ACCOUNTING MANAGEMENT.—The Chief head of any department or agency of the ap- dence. Financial Officer shall: plicable territorial government may detail (D) NONCOMPLIANCE.—Any failure to obey (A) Supervise the applicable territory’s fi- to the Office, on a reimbursable or nonreim- the order of a court under this paragraph nancial transactions to ensure adequate con- bursable basis, any of the personnel of the may be punished by the court as a contempt trol of revenues and resources, and to ensure department or agency to assist the Office in of court. that appropriations are not exceeded. the performance of the duties of the Office. (2) ENTRANCE INTO CONTRACTS.—The Chief (B) Maintain systems of accounting and in- (c) FUNDING.— Financial Officer, or any of the staff of the ternal control designed to provide— (1) IN GENERAL.—The Chief Financial Offi- office on behalf of the Chief Financial Offi- (i) full disclosure of the financial impact of cer— cer, may enter into such contracts as the the activities of the applicable territorial (A) may use funds provided by the applica- Chief Financial Officer considers appropriate government; ble territorial government to ensure suffi- to carry out the duties of the office. (ii) adequate financial information needed cient funds are made available to cover all (f) FUNCTIONS.—In addition to any other by the applicable territorial government for expenses of the Office; and duties necessary and proper to fulfill the management purposes; (B) shall submit to the Governor and legis- purposes of the Office, the Chief Financial (iii) effective control over, and account- lature of the applicable covered territory for Officer shall have the following duties: ability for, all funds, property, and other as- inclusion in the annual budget appropria- (1) MONTHLY AND QUARTERLY REPORTS.— sets of the applicable territorial government; tions process of the applicable territorial The Chief Financial Officer, in consultation and government a report describing any request with the applicable territorial government, (iv) reliable accounting results to serve as and use of funds provided by the applicable shall submit to the Board: the basis for preparing and supporting agen- territorial government. (A) A report not later than the date that is cy budget requests and controlling the exe- (2) LOCAL FUNDING.—A covered territory 7 days after the last day of each month to cution of the budget of the applicable terri- shall designate a dedicated territorial gov- provide— torial government. ernment source of funding, not subject to (i) an accounting of the cash balance of the (C) Maintain accounting of all public funds subsequent legislative appropriation, suffi- applicable territorial government; and belonging to or under the control of the ap- cient to support the annual costs of the Of- (ii) a description of the amount of actual plicable territorial government (or any de- fice, as determined by the Chief Financial expenditures and revenues of the applicable partment or agency of the applicable terri- Officer, to carry out this subtitle. territorial government, as compared to the torial government). (d) APPOINTMENT.— amounts budgeted, for the applicable fiscal (D) Maintain accounting of all investment (1) IN GENERAL.—The Chief Financial Offi- year. and invested funds of the applicable terri- cer shall be appointed by the applicable ter- (B) Not later than the date that is 15 days torial government or in possession of the ap- ritory’s Governor as follows: after the last day of each quarter of a fiscal plicable territorial government in a fidu- (A) Prior to the appointment of the Chief year, the Chief Financial Officer in consulta- ciary capacity. Financial Officer, the Board may submit rec- tion with the Governor of the applicable cov- (E) Submit to the applicable territorial ommendations for the appointment to the ered territory shall submit to the Board, in government a financial statement of the ap- applicable territory’s Governor. such form as the Board may require, a report plicable territorial government, containing (B) In consultation with the Board and the describing— such details and at such times as the appli- applicable territory’s legislature, the appli- (i) the actual cash revenues, cash expendi- cable territorial government may specify. cable territory’s Governor shall nominate an tures, and cash flows of the territorial gov- (5) CERTIFYING CONTRACTS.—All contracts individual for appointment and notify the ernment for the preceding quarter; as com- (whether directly or through delegation) applicable territory’s legislature of the nom- pared to shall be certified by the Chief Financial Offi- ination. (ii) the actual cash revenues, cash expendi- cer prior to execution as to the availability (C) After the expiration of the 7-day period tures, and cash flows contained in the ap- of funds to meet the obligations expected to that begins on the date the applicable terri- proved budget for the applicable quarter. be incurred by the applicable territorial gov- tory’s Governor notifies the legislature of (C) A report under subparagraph (B) shall ernment under such contracts during the the nomination under subparagraph (B), the include— year. applicable territory’s Governor shall notify (i) a description of any accrued revenues (6) AUDITING.—The Chief Financial Officer the Board of the nomination. and expenditures during the applicable quar- shall perform internal audits of accounts and (D) The nomination shall be effective sub- ter, as compared to the accrued revenues and operations and records of the applicable ter- ject to approval by a majority vote of the expenditures contained in the approved ritorial government, including the examina- Board. budget for the quarter; and tion of any accounts or records of financial (2) REMOVAL.—The Chief Financial Officer (ii) a balance sheet, if the Board requires a transactions, giving due consideration to the may be removed for cause by the Board or by balance sheet. effectiveness of accounting systems, internal the applicable territory’s Governor with the (2) REVENUE FORECASTING.—Not later than control, and related administrative practices approval of the Board. the date that is 75 days before the date on of the departments and agencies of the appli- (3) SALARY.—The Chief Financial Officer which the Governor of the applicable covered cable territorial government. shall be paid at an annual rate determined territory is required under applicable law to SEC. 113. DEVELOPMENT AND APPROVAL OF FIS- by the Board as the Board determines to be submit to the legislature of the applicable CAL PLANS. appropriate. covered territory a proposed budget for the (a) IN GENERAL.—Not later than the date (e) POWERS.— upcoming fiscal year, the Chief Financial Of- that is 60 days before the date on which the

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Governor of an applicable covered territory (ii) disapprove the revised Fiscal Plan. (9) SPECIAL TAX PAYER AFFECTED BY THE is required under applicable law to submit to (4) DEVELOPMENT BY BOARD.— PLAN.—The term ‘‘special tax payer affected the legislature of the applicable covered ter- (A) IN GENERAL.— by the plan’’ means special tax payer with ritory a proposed budget for the upcoming (i) NONACTION BY GOVERNOR.—If the Gov- respect to whose real property the plan pro- fiscal year, the Governor, in consultation ernor of a covered territory fails to submit poses to increase the proportion of special with the Chief Financial Officer, shall de- to the Board a revised Fiscal Plan on or be- assessments or special taxes referred to in velop and submit to the Board and applicable fore the date specified in paragraph (3)(A), paragraph (2) assessed against such real territorial government a Fiscal Plan for the the Board shall develop and submit to the property. applicable territorial government in accord- Governor a final revised Fiscal Plan not (10) STATE.—The term ‘‘State’’ when used ance with this section. later than the date that is 22 days after the in a section of title 11, United States Code, (b) INITIAL FISCAL PLAN.—The Governor of date on which recommendations are provided made applicable in a case under this title by an applicable covered territory in consulta- to the Governor under paragraph (2)(B). section 243(a) means State or Territory when tion with the Chief Financial Officer shall (ii) DISAPPROVAL BY BOARD.—If the Board used in reference to a the relationship of a develop an initial Fiscal Plan in accordance disapproves a revised Fiscal Plan under para- State to the municipality of the State. with subsection (a) within 90 days of the graph (3)(B)(ii), the Board shall develop and (11) TERRITORY.—The term ‘‘Territory’’ Governor of the applicable covered territory submit to the Governor a final revised Fiscal means the Commonwealth of Puerto Rico, signing a resolution adopted by the legisla- Plan not later than the date that is 7 days Guam, American Samoa, the Commonwealth ture of the territory to request the establish- after the date of disapproval. of the Northern Mariana Islands, or the ment of a Fiscal Stability and Reform Board United States Virgin Islands. under this subtitle, or not later than the SEC. 114. SEVERABILITY. (12) TRUSTEE.—The term ‘‘trustee’’ when date that is 60 days before the date on which If any provision of this subtitle or the ap- used in a section of title 11, United States the Governor of the applicable covered terri- plication of such provision to any person or Code, made applicable in a case under this tory is required under applicable law to sub- circumstance is held to be unconstitutional, title by section 243(a) means debtor, except mit to the legislature of the applicable cov- the remainder of this subtitle, and the appli- as provided in section 926 of title 11, United ered territory a proposed budget for the up- cation of the provision to any other person States Code. coming fiscal year, whichever comes chrono- or circumstance, shall not be affected. logically first. SEC. 202. WHO MAY BE A DEBTOR. TITLE II—ADJUSTMENTS OF DEBTS OF A An entity may be a debtor under this title (c) REQUIREMENTS.— TERRITORY OR ITS MUNICIPALITIES (1) IN GENERAL.—A Fiscal Plan shall, to the if the entity— Subtitle A—General Provisions maximum extent practicable, with respect to (1) is— the applicable territorial government— SEC. 201. DEFINITIONS. (A) a Territory that has requested the es- (A) provide for estimates of revenues and In this title: tablishment of a Fiscal Stability and Reform expenditures in accordance with modified ac- (1) AFFILIATE.—The term ‘‘affiliate’’ Board in accordance with section 111; or crual accounting standards and based on— means, in addition to the definition made ap- (B) a municipality— (i) applicable laws; or plicable in a case under this title by section (i) of a Territory that has requested the es- (ii) specific laws that require enactment in 243(a)— tablishment of a Fiscal Stability and Reform order to reasonably achieve the projections (A) for a Territory, any municipality of the Board in accordance with section 111; and of the Fiscal Plan; Territory; and (ii) that has been specifically authorized, (B) ensure the funding of essential public (B) for a municipality, the governing Terri- in its capacity as a municipality or by name, services; tory and any of the Territory’s other munici- to be a debtor under this title by Territory (C) provide full funding to cover all exist- palities. law, or by a governmental officer or organi- ing public pension obligations; (2) BOND.—The term ‘‘Bond’’ means a bond, zation empowered by Territory law to au- (D) provide for the elimination of budget loan, line of credit, note, or other borrowing thorize such entity to be a debtor under this gaps in financing; title, in physical or dematerialized form, of title; and (E) provide for a reduction in the debt bur- which— (2) desires to effect a plan to adjust its den to a level that is sustainable; (A) the issuer, borrower, or guarantor is debts. (F) improve fiscal governance; the municipality or Territory as defined by SEC. 203. RESERVATION OF TERRITORIAL POWER (G) enable the achievement of fiscal tar- paragraphs (5) and (11); and TO CONTROL MUNICIPALITIES. gets; (B) the date of issuance or incurrence of Subject to the limitations imposed by title (H) create independent forecasts of revenue debt precedes the date of enactment of this III, this title does not limit or impair the for the period covered by the Fiscal Plan; Act. power of a Territory to control, by legisla- and (3) COURT.—The term ‘‘court’’ means the tion or otherwise, a municipality of or in the (I) not impede investments to promote sus- district court for the territory in which the Territory in the exercise of the political or tained economic growth. debtor is located or, for any territory in governmental powers of such municipality, including expenditures for such exercise, (2) TERM.—A Fiscal Plan shall be in effect which the debtor is located that does not for a period of not less than 5 years. have a district court, the United States Dis- but— (1) a Territory law prescribing a method of (3) TRANSPARENCY.—A Fiscal Plan shall be trict Court for the District of Hawaii. made publicly available no less than 15 days (4) DEBTOR.—The term ‘‘debtor’’ means the composition of indebtedness of such munici- after final approval as specified within sub- Territory or municipality concerning which pality may not bind any creditor that does section (d). a case under this title has been commenced. not consent to such composition; and (d) APPROVAL BY BOARD.— (5) MUNICIPALITY.—The term ‘‘munici- (2) a judgment entered under such a law (1) REQUIREMENT.—The Governor of a cov- pality’’— may not bind a creditor that does not con- ered territory shall not submit to the legis- (A) includes any political subdivision, pub- sent to such composition. lature of the applicable covered territory an lic agency, instrumentality or instrumen- SEC. 204. LIMITATION ON JURISDICTION AND annual budget for a fiscal year unless the tality of a Territory; and POWERS OF COURT. Fiscal Plan has been approved for that fiscal (B) should be broadly construed to effec- Subject to the limitations imposed by title year in accordance with this subsection. tuate the purposes of this title. II, notwithstanding any power of the court, unless the debtor consents or the plan so (2) APPROVAL.—Not later than the date (6) PROPERTY OF THE ESTATE.—The term that is 15 days after the date on which the ‘‘property of the estate’’, when used in sec- provides, the court may not, by any stay, Governor submits a Fiscal Plan to the Board tion 541 of title 11, United States Code, made order, or decree, in the case or otherwise, under subsection (a), the Board shall— applicable in a case under this title by sec- interfere with— (A) certify the Fiscal Plan; or tion 243(a) means property of the debtor. (1) any of the political or governmental powers of the debtor; (B) fail to certify the Fiscal Plan and pro- (7) SPECIAL REVENUES.—The term ‘‘special vide to the Governor recommendations for revenues’’ means receipts derived from the (2) any of the property or revenues of the revisions to the Fiscal Plan. ownership, operation, or disposition of debtor; or (3) the debtor’s use or enjoyment of any in- (3) REVISED FISCAL PLAN.— projects or systems of the debtor that are come-producing property. (A) IN GENERAL.—Not later than the date primarily used or intended to be used pri- that is 15 days after the date on which the marily to provide transportation, utility, or Subtitle B—Initial Stay on Litigation Board submits recommendations to the Gov- other services, including the proceeds of bor- SEC. 211. DEFINITIONS. ernor under paragraph (2)(B), the Governor rowings to finance the projects or systems. In this subtitle, any term not defined shall submit to the Board a revised Fiscal (8) SPECIAL TAX PAYER.—The term ‘‘special under section 201 that is defined in title 11, Plan. tax payer’’ means record owner or holder of United States Code, has the meaning given (B) APPROVAL; DISAPPROVAL.—Not later legal or equitable title to real property that term under title 11, United States Code. than the date that is 7 days after the date on against which a special assessment or special SEC. 212. EFFECTIVE DATE. which the Governor submits to the Board a tax has been levied the proceeds of which are Effective on the date on which the Gov- revised Fiscal Plan under subparagraph (A), the sole source of payment of an obligation ernor of a territory signs a resolution adopt- the Board shall— issued by the debtor to defray the cost of an ed by the legislature of the territory to re- (i) certify the revised Fiscal Plan; or improvement relating to such real property. quest the establishment of a Fiscal Stability

VerDate Sep 11 2014 06:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.026 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4661 and Reform Board under section 111, section there is a reasonable likelihood that the (2) debts, claims, and liens created before, 213 shall take effect. party opposing relief from such stay will pre- on, or after such date. SEC. 213. AUTOMATIC STAY. vail at the conclusion of such final hearing. SEC. 222. JURISDICTION. (a) Except as otherwise provided in this If the hearing under this subsection is a pre- (a) The district courts shall have original section, the adoption of a resolution under liminary hearing, then such final hearing and exclusive jurisdiction of a case under section 111 operates with respect to any shall be concluded not later than 30 days this title. claim, debt, or cause of action related to a after the conclusion of such preliminary (b) Section 157 of title 28, United States Bond as a stay, applicable to all entities (as hearing, unless the 30-day period is extended Code, shall apply to a case under this title. with the consent of the parties in interest or such term is defined in section 101 of title 11, SEC. 223. VENUE. for a specific time which the court finds is United States Code), of— Venue shall be proper in— required by compelling circumstances. (1) the commencement or continuation, in- (1) with respect to a Territory, the district (f) Upon request of a party in interest, the court for the Territory or, for any territory cluding the issuance or employment of proc- court, with or without a hearing, shall grant ess, of a judicial, administrative, or other ac- that does not have a district court, in the such relief from the stay provided under sub- United States District Court for the District tion or proceeding against a Territory or section (a) of this section as is necessary to municipality, or to recover a claim against a of Hawaii; and prevent irreparable damage to the secured (2) with respect to a municipality, the dis- Territory or municipality; interest of an entity in property, if such in- trict court for the Territory in which the (2) the enforcement, against a Territory or terest will suffer such damage before there is municipality is located or, for any territory municipality or against property of a Terri- an opportunity for notice and a hearing that does not have a district court, in the tory or municipality, of a judgment; under subsection (d) or (e) of this section. (3) any act to obtain possession of property (g) No order, judgment, or decree entered United States District Court for the District of a Territory or municipality, or of property in violation of this section shall have any of Hawaii. from a Territory or municipality, or to exer- force or effect. SEC. 224. SELECTION OF PRESIDING JUDGE. cise control over property of a Territory or (h) In any hearing under subsection (d) or (a) For cases in which the debtor is a Terri- municipality; (e) concerning relief from a stay— tory, the chief judge of the court of appeals (4) any act to create, perfect, or enforce (1) the party requesting such relief has the for the circuit embracing the district in any lien against property of a Territory or burden of proof on the issue of the debtor’s which the case is commenced shall designate municipality; equity in property; and a bankruptcy judge to conduct the case. (5) any act to create, perfect, or enforce (2) the party opposing such relief has the (b) For cases in which the debtor is not a against property of a Territory or munici- burden of proof on all other issues. Territory, and the case has not been jointly filed with the case of a Territory or there is pality any lien to the extent that such lien Subtitle C—Adjudication and Judicial no case in which the affiliate Territory is a secures a claim; Review debtor, the chief judge of the court of ap- (6) any act to collect, assess, or recover a SEC. 221. PETITION AND PROCEEDINGS RELAT- claim against a Territory or municipality; peals for the circuit embracing the district ING TO PETITION. in which the case is commenced shall des- and (a) A voluntary case under this title is ignate a bankruptcy judge to conduct the (7) the setoff of any debt owing to a Terri- commenced by the filing with the bank- case. tory or municipality against any claim ruptcy court of a petition by an entity that against a Territory or municipality. (c) A bankruptcy judge designated under may be a debtor under section 202. subsection (a) or (b) shall be subject to the (b) The adoption of a resolution under sec- (b) Notwithstanding section 202 and sub- provisions of chapter 6 of title 28, United tion 111 does not operate as a stay under sub- section (a), a case under this title concerning States Code. section (a) of this section of the continuation an unincorporated tax or special assessment (d) Notwithstanding section 156, of title 28, of, including the issuance or employment of district that does not have its own officials United States Code, the bankruptcy judge process, a judicial, administrative, or other is commenced by the filing under subsection designated under subsection (a) or (b) may action or proceeding against a Territory or (a) of a petition by the governing authority appoint as many law clerks and additional municipality that was commenced on or be- of the district or the board or body having judicial assistants as the judge deems nec- fore the date of the adoption of the resolu- authority to levy taxes or assessments to essary to assist in presiding over cases com- tion under section 111. meet the obligations of such district. menced under this title. (c) Except as provided in subsection (d), (c) After any objection to the petition, the (e), or (f), a stay of an act under subsection court, after notice and a hearing, may dis- SEC. 225. APPELLATE REVIEW. (a) shall cease to have effect no later than 12 miss the petition if— (a) Except as provided in subsection (b), months after the date of the adoption of a (1) the debtor did not file the petition in subsections (a) and (d) of section 158 of title resolution under section 111, or upon a the good faith; or 28, United States Code, shall apply to a case commencement of a voluntary case under (2) the petition does not meet the require- under this title. (b) Only an order confirming a plan of ad- this title by the filing with the bankruptcy ments of this title. justment or dismissing a petition shall be court of a petition by an entity that may be (d) If the petition is not dismissed under considered final for purposes of section 158(a) a debtor under section 202, whichever comes subsection (c), the court shall order relief of title 28, United States Code. chronologically first. under this title. (d) On motion of a party in interest and (e) The court may not— SEC. 226. APPLICABLE RULES OF PROCEDURE. after notice and a hearing, the court may (1) on account of an appeal from an order For all cases brought under this title, the grant relief from a stay under subsection for relief, delay any proceeding under this Federal Rules of Bankruptcy Procedure shall (a)— title in the case in which the appeal is being apply. (1) for cause, including the lack of ade- taken; or SEC. 227. SEVERABILITY. quate protection of a security interest in (2) order a stay of such proceeding pending If any provision of this title or the applica- property of such party in interest; or such appeal. tion thereof to any person or circumstance is (f) The reversal on appeal of a finding of ju- (2) with respect to a stay of an act against held invalid, the remainder of this title, or risdiction shall not affect the validity of any property under subsection (a), if— the application of that provision to persons debt incurred that is authorized by the court (A) the debtor does not have an equity in or circumstances other than those as to under section 364(c) or 364(d) of title 11, such property; and which it is held invalid, is not affected there- United States Code. by. (B) such property is not necessary for a (g) For purposes of this title, the Governor Subtitle D—The Plan Territory or municipality to provide essen- may take any action necessary on behalf of tial services. the debtor to prosecute the debtor’s case; in- SEC. 231. FILING OF PLAN OF ADJUSTMENT. (e) Thirty days after a request under sub- cluding— The debtor shall file a plan for the adjust- section (d) of this section for relief from the (1) filing a petition; ment of the debtor’s debts. If such a plan is stay of any act against property of a Terri- (2) submitting or modifying a plan of ad- not filed with the petition, the debtor shall tory or municipality under subsection (a) of justment; or file such a plan at such later time as the this section, such stay is terminated with re- (3) otherwise generally submitting filings court fixes. spect to the party in interest making such in relation to the restructuring case with the SEC. 232. CONFIRMATION. request, unless the court, after notice and a court. (a) A special tax payer may object to con- hearing, orders such stay continued in effect (h) Debtors under this title may file peti- firmation of a plan. pending the conclusion of, or as a result of, tions or submit or modify plans of adjust- (b) The court shall confirm the plan if— a final hearing and determination under sub- ment jointly if they are affiliates. (1) the plan complies with the provisions of section (d) of this section. A hearing under (i) Except as provided in subsection (j), this title 11, United States Code, made applicable this subsection may be a preliminary hear- title shall take effect on the date of the en- in a case under this title by section 243(a); ing, or may be consolidated with the final actment of this Act. (2) the plan complies with the provisions of hearing under subsection (d) of this section. (j) This title shall apply with respect to— this title; The court shall order such stay continued in (1) cases commenced under this title on or (3) the debtor is not prohibited by law from effect pending the conclusion of the final after the date of the enactment of this Act; taking any action necessary to carry out the hearing under subsection (d) of this section if and plan;

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AMENDMENT. a particular claim has agreed to a different in the restructuring field; and Section 101(52) of title 11, United States treatment of such claim, the plan provides (6) whether the compensation is reasonable Code, is amended to read as follows: that on the effective date of the plan each based on the customary compensation ‘‘(52) The term ‘State’ includes Puerto Rico holder of a claim of a kind specified in sec- charged by comparably skilled practitioners and, except for the purpose of defining who tion 507(a)(2) of title 11, United States Code, in cases other than cases under this title or may be a debtor under chapter 9 of this title, will receive on account of such claim cash title 11, United States Code. includes the District of Columbia.’’. equal to the allowed amount of such claim; (d) The court shall not allow compensation SEC. 303. EFFECTIVE DATE; APPLICATION OF (5) any regulatory or electoral approval for— AMENDMENT. necessary under applicable nonbankruptcy (1) unnecessary duplication of services; or (a) EFFECTIVE DATE.—Except as provided in law in order to carry out any provision of the (2) services that were not— subsection (b), this Act and the amendment plan has been obtained, or such provision is (A) reasonably likely to benefit the debtor; made by this Act shall take effect on the expressly conditioned on such approval; or date of the enactment of this Act. (6) the plan is in the best interests of credi- (B) necessary to the administration of the (b) APPLICATION OF AMENDMENT.—The tors and is feasible; case. amendment made by this title shall apply (7) the plan is consistent with the Fiscal (e) The court shall reduce the amount of with respect to— Plan submitted under title II; compensation awarded under this section by (1) cases commenced under title 11 of the (8) the plan ensures that accrued pension the amount of any interim compensation United States Code on or after the date of liability in the Commonwealth Employee awarded under section 242, and, if the the enactment of this Act; and Retirement System and Teacher Retirement amount of such interim compensation ex- (2) debts, claims, and liens created before, ceeds the amount of compensation awarded System shall be treated as senior, first pri- on, or after such date. ority secured debt, senior to any existing under this section, may order the return of SEC. 304. SEVERABILITY. senior secured debt by statutory lien and the excess to the debtor. notwithstanding any other provision of law (f) Any compensation awarded for the prep- If any provision of this title or any amend- may be satisfied by payment from the gen- aration of a fee application shall be based on ment made by this title, or the application eral revenues of the Commonwealth, pro- the level and skill reasonably required to of such provision or amendment to any per- vided that the maximum claim to be treated prepare the application. son or circumstance, is held to be unconsti- as secured by this senior, first priority se- SEC. 242. INTERIM COMPENSATION. tutional, the remainder of this title and the cured statutory lien of an active annuitant A debtor’s attorney, or any professional amendments made by this title, or the appli- shall be equal to the Pension Benefit Guar- person employed by the debtor, in the debt- cation of that provision or amendment to anty Corporation maximum guarantee for or’s sole discretion, or employed by a com- other persons or circumstances, shall not be participants in a single-employer plan and mittee under section 1103 of title 11, United affected. that the maximum claim to be treated as se- States Code, may apply to the court not cured by this senior, first priority secured more than once every 120 days after an order SA 4883. Mr. MENENDEZ (for himself statutory lien of an active or vested inactive for relief in a case under this title, or more and Ms. WARREN) submitted an amend- participant in said pension funds shall be often if the court permits, for such com- ment intended to be proposed by him equal to the full benefit accrued by such ac- pensation for services rendered before the to the bill S. 2328, to reauthorize and tive or inactive participant; and date of such an application or reimburse- ment for expenses incurred before such date amend the National Sea Grant College (9) feasible and equitable the plan does not Program Act, and for other purposes; unduly impair the claims of holders of bonds as is provided under section 241. After notice that are— and a hearing, the court may allow to such which was ordered to lie on the table; (A) general obligations of the Territory to applicant such compensation or reimburse- as follows: which the Territory pledged the full faith ment. At the appropriate place, insert the fol- and credit and the taxing power of the Terri- SEC. 243. APPLICABILITY OF OTHER SECTIONS. lowing: (a) Sections 101, 102, 104, 105, 106, 107, 108, tory; and DIVISION A—PUERTO RICO RECOVERY (B) identified in an applicable nonbank- 112, 333, 344, 347(b), 349, 350(b), 351, 361, 362, SECTION 1. SHORT TITLE. ruptcy law as having a first claim on avail- 364(c), 364(d), 364(e), 364(f), 365, 366, 501, 502, This division may be cited as ‘‘Puerto Rico able Territory resources. 503, 504, 506, 507(a)(2), 509, 510, 524(a)(l), 524(a)(2), 544, 545, 546, 547, 548, 549(a), 549(c), Recovery Act of 2016’’. Subtitle E—Additional Provisions 549(d), 550, 551, 552, 553, 555, 556, 557, 559, 560, SEC. 2. TABLE OF CONTENTS. SEC. 241. COMPENSATION OF PROFESSIONALS. 561, 562, 922, 923, 924, 925, 926, 927, 928, 929, 930, The table of contents for this division is as (a) After notice to the parties in interest 942, 944, 945, 946, 1102, 1103, 1109, 1111(b), 1113, follows: and the United States Trustee and a hearing, 1122, 1123(a)(l), 1123(a)(2), 1123(a)(3), 1123(a)(4), the court may award to a professional person 1123(a)(5), 1123(b), 1123(d), 1124, 1125, 1126(a), Sec. 1. Short title. employed by the debtor, in the debtor’s sole 1126(b), 1126(c), 1126(e), 1126(f), 1126(g), 1127(d), Sec. 2. Table of contents. discretion, or employed by a committee 1128, 1129(a)(2), 1129(a)(3), 1129(a)(6), 1129(a)(8), TITLE I—TAX PROVISIONS under section 1103 of title 11, United States 1129(a)(10), 1129(b)(l), 1129(b)(2)(A), Sec. 101. Puerto Rico residents eligible for Code— 1129(b)(2)(B), 1142(b), 1143, 1144, and 1145 of earned income tax credit. (1) reasonable compensation for actual, title 11, United States Code, apply in a case Sec. 102. Equitable treatment for residents necessary services rendered by the profes- under this title. of Puerto Rico with respect to sional person, or attorney and by any para- (b) A term used in a section of title 11, the refundable portion of the professional person employed by any such United States Code, made applicable in a child tax credit. person; and case under this title by subsection (a) has (2) reimbursement for actual, necessary ex- the meaning defined for such term for the TITLE II—HEALTH CARE PARITY penses. purpose of such applicable section, unless Subtitle A—Medicaid (b) The court may, on its own motion or on such term is otherwise defined in section 201. Sec. 201. Elimination of general Medicaid the motion of any party in interest, award (c) A section made applicable in a case funding limitations (‘‘cap’’) for compensation that is less than the amount under this title by subsection (a) that is op- territories. of compensation that is requested. erative if the business of the debtor is au- Sec. 202. Elimination of specific Federal (c) In determining the amount of reason- thorized to be operated is operative in a case medical assistance percentage able compensation to be awarded to a profes- under this title. (FMAP) limitation for terri- (d) Solely for purposes of this title, a ref- sional person, the court shall consider the tories. nature, the extent, and the value of such erence to ‘‘this title’’, ‘‘this chapter’’, or Sec. 203. Application of Medicaid waiver au- services, taking into account all relevant words of similar import in a section of title thority to all of the territories. factors, including— 11, United States Code, made applicable in a Sec. 204. Application of 100 percent Federal (1) the time spent on such services; case under this title by subsection (a) or to poverty line (FPL) limitation (2) the rates charged for such services; ‘‘this title’’, ‘‘title 11’’, or words of similar to territories. (3) whether the services were necessary to import in a section of title 28, United States Sec. 205. Permitting Medicaid DSH allot- the administration of, or beneficial at the Code, made applicable in a case under this ments for territories. time at which the service was rendered to- title by section 222 or 225 or in the Federal ward the completion of, a case under this Rules of Bankruptcy Procedure made appli- Subtitle B—Medicare title; cable in a case under this title by section 226 Sec. 211. Calculation of Medicare DSH pay- (4) whether the services were performed shall be deemed to be a reference to this ments for IPPS hospitals in within a reasonable amount of time com- title. Puerto Rico. mensurate with the complexity, importance, TITLE III—PUERTO RICO CHAPTER 9 Sec. 212. Application of part B deemed en- and nature of the problem, issue, or task ad- UNIFORMITY rollment process to residents of dressed; SEC. 301. SHORT TITLE. Puerto Rico; special enrollment (5) with respect to a professional person, This title may be cited as the ‘‘Puerto Rico period and limit on late enroll- whether the person is board certified or oth- Chapter 9 Uniformity Act of 2015’’. ment penalties.

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Sec. 213. Puerto Rico practice expense GPCI (b) CONFORMING AMENDMENTS.— ‘‘(B) The Secretary may, under paragraph improvement. (1) Section 1902(j) of the Social Security (1) or section 1115, waive the limitation Sec. 214. Adjustment in benchmark for low Act (42 U.S.C. 1396a(j)) is amended by strik- under subparagraph (A) in the case of a terri- base payment counties in Puer- ing ‘‘, the limitation in section 1108(f),’’. tory other than Puerto Rico. In carrying out to Rico. (2) Section 1903(u) of the Social Security this subparagraph, the Secretary shall take Sec. 215. Eliminating exclusion of part D eli- Act (42 U.S.C. 1396b(u)) is amended by strik- into account the eligibility levels estab- gible individuals residing in ing paragraph (4). lished under the State plan of the territory territories from eligibility for (3) Section 1323(c)(1) of the Patient Protec- involved before the date of the enactment of premium and cost-sharing sub- tion and Affordable Care Act (42 U.S.C. this paragraph.’’. sidies. 18043(c)(1)) is amended by striking ‘‘2019’’ and (b) NOT APPLYING 5 PERCENT DISREGARD.— Sec. 216. Report on treatment of territories inserting ‘‘2016’’. Section 1902(e)(14)(I) of the Social Security under Medicare part D. (c) EFFECTIVE DATE.—The amendments Act (42 U.S.C. 1396b(e)(14)(I)) is amended by Subtitle C—Miscellaneous made by this section shall apply beginning adding at the end the following: with fiscal year 2017. Sec. 221. Report on exclusion of territories ‘‘The previous sentence shall only apply to a SEC. 202. ELIMINATION OF SPECIFIC FEDERAL from Exchanges. MEDICAL ASSISTANCE PERCENTAGE State that is one of the 50 States or the Dis- TITLE I—TAX PROVISIONS (FMAP) LIMITATION FOR TERRI- trict of Columbia.’’. TORIES. (c) EFFECTIVE DATE.—The amendments SEC. 101. PUERTO RICO RESIDENTS ELIGIBLE made by this section shall apply with respect FOR EARNED INCOME TAX CREDIT. Section 1905 of the Social Security Act (42 U.S.C. 1396d) is amended— to eligibility determinations made with re- (a) IN GENERAL.—Section 32 of the Internal (1) in subsection (b)(2), by inserting ‘‘for spect to items and services furnished on or Revenue Code of 1986 is amended by adding fiscal years before fiscal year 2017’’ after after October 1, 2016. at the end the following new subsection: ‘‘American Samoa’’; and ‘‘(n) RESIDENTS OF PUERTO RICO.— SEC. 205. PERMITTING MEDICAID DSH ALLOT- (2) in subsection (y)(1), in the matter pre- MENTS FOR TERRITORIES. ‘‘(1) IN GENERAL.—In the case of residents ceding subparagraph (A)— of Puerto Rico— Section 1923(f) of the Social Security Act (A) by inserting ‘‘, for fiscal years before ‘‘(A) the United States shall be treated as (42 U.S.C. 1396) is amended— fiscal year 2017,’’ before ‘‘is one of the’’; and including Puerto Rico for purposes of sub- (1) in paragraph (6), by adding at the end (B) by inserting ‘‘and, for fiscal year 2017 sections (c)(1)(A)(ii)(I) and (c)(3)(C), the following new subparagraph: and subsequent fiscal years, is one of the 50 ‘‘(B) subsection (c)(1)(D) shall not apply to ‘‘(C) TERRITORIES.— States, the District of Columbia, Puerto nonresident alien individuals who are resi- ‘‘(i) FISCAL YEAR 2017.—For fiscal year 2017, Rico, the Virgin Islands of the United States, dents of Puerto Rico, and with respect to the territories of Puerto Guam, the Northern Mariana Islands, or ‘‘(C) adjusted gross income and gross in- Rico, the Virgin Islands of the United States, American Samoa,’’ after ‘‘the District of Co- come shall be computed without regard to Guam, the Northern Mariana Islands, and lumbia’’. section 933 for purposes of subsections American Samoa, the DSH allotment deter- (a)(2)(B) and (c)(2)(A)(i). SEC. 203. APPLICATION OF MEDICAID WAIVER mined for each such territory shall bear the AUTHORITY TO ALL OF THE TERRI- ‘‘(2) LIMITATION.—The credit allowed under same ratio to $150,000,000 as the ratio of the TORIES. number of individuals who are low-income or this section by reason of this subsection for (a) IN GENERAL.—Section 1902(j) of the So- uninsured and residing in each such respec- any taxable year shall not exceed the cial Security Act (42 U.S.C. 1396a(j)) is tive territory (as estimated from time to amount, determined under regulations or amended— time by the Secretary) bears to the sums of other guidance promulgated by the Sec- (1) by striking ‘‘American Samoa and the the number of such individuals residing in retary, that a similarly situated taxpayer Northern Mariana Islands’’ and inserting all of the territories. would receive if residing in a State.’’. ‘‘Puerto Rico, the Virgin Islands of the ‘‘(ii) SUBSEQUENT FISCAL YEAR.—For each (b) CHILD TAX CREDIT NOT REDUCED.—Sub- United States, Guam, the Northern Mariana subsequent fiscal year, the DSH allotment clause (II) of section 24(d)(1)(B)(ii) of such Islands, and American Samoa’’; for each such territory is subject to an in- Code is amended by inserting before the pe- (2) by striking ‘‘American Samoa or the crease or reduction in accordance with para- riod ‘‘(determined without regard to section Northern Mariana Islands’’ and inserting graphs (3) and (7).’’; 32(n) in the case of residents of Puerto ‘‘Puerto Rico, the Virgin Islands of the (2) in paragraph (7)(A), by striking clause Rico)’’. United States, Guam, the Northern Mariana (iv) and redesignating clause (v) as clause (c) EFFECTIVE DATE.—The amendment Islands, or American Samoa’’; (iv); and made shall apply to taxable years beginning (3) by inserting ‘‘(1)’’ after ‘‘(j)’’; (3) in paragraph (9), by inserting before the after December 31, 2015. (4) by inserting ‘‘except as otherwise pro- period at the end the following: ‘‘, and in- SEC. 102. EQUITABLE TREATMENT FOR RESI- vided in this subsection,’’ after ‘‘Notwith- cludes, beginning with fiscal year 2017, Puer- DENTS OF PUERTO RICO WITH RE- standing any other requirement of this to Rico, the Virgin Islands of the United SPECT TO THE REFUNDABLE POR- title’’; and TION OF THE CHILD TAX CREDIT. States, Guam, the Northern Mariana Islands, (5) by adding at the end the following: (a) IN GENERAL.—Section 24(d)(1) of the In- ‘‘(2) The Secretary may not waive under and American Samoa’’. ternal Revenue Code of 1986 is amended by this subsection the requirement of sub- Subtitle B—Medicare inserting ‘‘or section 933’’ after ‘‘section section (a)(10)(A)(i)(IX) (relating to coverage 112’’. SEC. 211. CALCULATION OF MEDICARE DSH PAY- of adults formerly under foster care) with re- MENTS FOR IPPS HOSPITALS IN (b) EFFECTIVE DATE.—The amendment spect to any territory.’’. PUERTO RICO. made by subsection (a) shall apply to taxable (b) EFFECTIVE DATE.—The amendments Section 1886(d)(9)(D)(iii) of the Social Secu- years beginning after December 31, 2015. made by this section shall apply beginning rity Act (42 U.S.C. 1395ww(d)(9)(D)(iii)) is TITLE II—HEALTH CARE PARITY October 1, 2016. amended to read as follows: Subtitle A—Medicaid SEC. 204. APPLICATION OF 100 PERCENT FED- ‘‘(iii) Subparagraph (F) (relating to dis- ERAL POVERTY LINE (FPL) LIMITA- SEC. 201. ELIMINATION OF GENERAL MEDICAID TION TO TERRITORIES. proportionate share payments), including ap- plication of subsection (r), except that for FUNDING LIMITATIONS (‘‘CAP’’) FOR (a) IN GENERAL.—Section 1902 of the Social TERRITORIES. Security Act (42 U.S.C. 1396a) is amended— this purpose— (a) IN GENERAL.—Section 1108 of the Social (1) in subsection (a)(10)(A)(i)(VIII), by in- ‘‘(I) the sum described in clause (ii) of this Security Act (42 U.S.C. 1308) is amended— serting ‘‘(or, subject to subsection (j), 100 subparagraph shall be substituted for the (1) in subsection (f), in the matter before percent in the case of Puerto Rico, the Vir- sum referred to in paragraph (5)(F)(ii)(I); and paragraph (1), by striking ‘‘subsection (g)’’ gin Islands of the United States, Guam, the ‘‘(II) for discharges occurring on or after and inserting ‘‘subsections (g) and (h)’’; Northern Mariana Islands, and American October 1, 2015, subclause (I) of paragraph (2) in subsection (g)(2), in the matter before Samoa)’’ after ‘‘133 percent’’; and (5)(F)(vi) shall be applied by substituting for subparagraph (A), by inserting ‘‘and sub- (2) in subsection (j), as amended by section the numerator described in such subclause section (h)’’ after ‘‘paragraphs (3) and (5)’’; 203, by adding at the end the following new the number of subsection (d) Puerto Rico and paragraph: hospital’s patient days for the cost reporting (3) by adding at the end the following new ‘‘(3)(A) Subject to subparagraph (B), Fed- period involved which were made up of pa- subsection: eral financial participation shall not be tients who (for such days) were entitled to ‘‘(h) SUNSET OF MEDICAID FUNDING LIMITA- available to Puerto Rico, the Virgin Islands benefits under part A of this title and were— TIONS FOR PUERTO RICO, THE VIRGIN ISLANDS of the United States, Guam, the Northern ‘‘(aa) entitled to supplementary security OF THE UNITED STATES, GUAM, THE NORTHERN Mariana Islands, or American Samoa for income benefits (excluding any State sup- MARIANA ISLANDS, AND AMERICAN SAMOA.— medical assistance for an individual whose plementation) under title XVI of this Act; Subsections (f) and (g) shall not apply to family income exceeds 100 percent of the offi- ‘‘(bb) eligible for medical assistance under Puerto Rico, the Virgin Islands of the United cial poverty line for a family of the size in- a State plan under title XIX; or States, Guam, the Northern Mariana Islands, volved, except in the case of individuals ‘‘(cc) receiving aid or assistance under any and American Samoa beginning with fiscal qualifying for medical assistance under sub- plan of the State approved under title I, X, year 2017.’’. section (a)(10)(A)(i)(IX). XIV, or XVI.’’.

VerDate Sep 11 2014 06:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.027 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4664 CONGRESSIONAL RECORD — SENATE June 28, 2016 SEC. 212. APPLICATION OF PART B DEEMED EN- this part after the end of the special enroll- vidual shall be the poverty line for the 48 ROLLMENT PROCESS TO RESIDENTS ment period under paragraph (1). contiguous States and the District of Colum- OF PUERTO RICO; SPECIAL ENROLL- ‘‘(3) TRANSITION INDIVIDUAL DEFINED.—In bia.’’; and MENT PERIOD AND LIMIT ON LATE this section, the term ‘transition individual’ (4) by striking subparagraph (F). ENROLLMENT PENALTIES. means an individual who resides in Puerto (b) APPLICATION OF MEDICAID PROVISIONS.— (a) APPLICATION OF PART B DEEMED EN- Rico and who would have been deemed en- Section 1935 of the Social Security Act (42 ROLLMENT PROCESS TO RESIDENTS OF PUERTO rolled under this part pursuant to section U.S.C. 1396u–5) is amended— RICO.—Section 1837(f)(3) of the Social Secu- (1) in subsection (a), by striking ‘‘subject rity Act (42 U.S.C. 1395p(f)(3)) is amended by 1837(f) before the first day of the effective to subsection (e)’’ in the matter preceding striking ‘‘, exclusive of Puerto Rico’’. month but for the fact that the individual was a resident of Puerto Rico, regardless of paragraph (1); and (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall apply to indi- whether the individual is enrolled under this (2) by striking subsection (e). (c) CONFORMING AMENDMENT.—Section viduals whose initial enrollment period part as of such first day.’’. 1108(f) of the Social Security Act (42 U.S.C. under section 1837(d) of the Social Security SEC. 213. PUERTO RICO PRACTICE EXPENSE GPCI 1308(f)) is amended by striking ‘‘and section Act begins on or after the first day of the ef- IMPROVEMENT. Section 1848(e)(1) of the Social Security 1935(e)(1)(B)’’ in the matter preceding clause fective month, specified by the Secretary of Act (42 U.S.C. 1395w–4(e)(1)) is amended— (i). Health and Human Services under section (1) in subparagraph (A), by striking ‘‘and (d) EFFECTIVE DATE.—The amendments 1839(j)(1)(C) of such Act, as added by sub- (I)’’ and inserting ‘‘(I), and (J)’’; and made by this section shall take effect on section (c)(2). (2) by adding at the end the following new January 1, 2017. (c) TRANSITION PROVIDING SPECIAL ENROLL- subparagraph: MENT PERIOD AND LIMIT ON LATE ENROLL- SEC. 216. REPORT ON TREATMENT OF TERRI- ‘‘(J) FLOOR FOR PRACTICE EXPENSE INDEX TORIES UNDER MEDICARE PART D. MENT PENALTIES FOR CERTAIN MEDICARE FOR SERVICES FURNISHED IN PUERTO RICO.— Paragraph (4) of section 1935(e) of the So- BENEFICIARIES.—Section 1839 of the Social Security Act (42 U.S.C. 1395r) is amended— ‘‘(i) IN GENERAL.—For purposes of payment cial Security Act (42 U.S.C. 1396u–5(e)) is (1) in the first sentence of subsection (b), for services furnished in Puerto Rico in a amended to read as follows: by inserting ‘‘subject to section 1839(j)(2),’’ year (beginning with 2016), after calculating ‘‘(4) REPORT ON APPLICATION OF SUB- after ‘‘subsection (i)(4) or (l) of section the practice expense index in subparagraph SECTION.— 1837,’’; and (A)(i) for Puerto Rico, if such index is below ‘‘(A) IN GENERAL.—Not later than May 1, (2) by adding at the end the following new the reference index (as defined in clause (ii)) 2018, the Secretary shall submit to Congress subsection: for the year, the Secretary shall increase a report on the application of this subsection ‘‘(j) SPECIAL RULES FOR CERTAIN RESIDENTS such index for Puerto Rico to equal the value during the period beginning with fiscal year OF PUERTO RICO.— of the reference index for the year. The pre- 2006 and ending with December 31, 2017. ‘‘(1) SPECIAL ENROLLMENT PERIOD, COV- ceding sentence shall not be applied in a ‘‘(B) INFORMATION TO BE INCLUDED IN RE- ERAGE PERIOD FOR RESIDENTS WHO ARE ELIGI- budget neutral manner. PORT.—Such report shall include— BLE BUT NOT ENROLLED.— ‘‘(ii) REFERENCE INDEX DEFINED.—In this ‘‘(i) program guidance issued by the Sec- ‘‘(A) IN GENERAL.—In the case of a transi- subparagraph, the term ‘reference index’ retary to implement this subsection; tion individual (as defined in paragraph (3)) means, with respect to a year, 0.800 or, if ‘‘(ii) for each of Puerto Rico, the Virgin Is- who is not enrolled under this part as of the less, the lowest practice expense index value lands of the United States, Guam, the North- day before the first day of the effective for the year for any area in the 50 States or ern Mariana Islands, and American Samoa, month (as defined in subparagraph (C)), the the District of Columbia.’’. information on the increased amount under Secretary shall provide for a special enroll- SEC. 214. ADJUSTMENT IN BENCHMARK FOR LOW paragraph (3) and how the territory has ap- ment period under section 1837 of 7 months BASE PAYMENT COUNTIES IN PUER- plied such amount, including the territory’s TO RICO. beginning with such effective month during program design, expenditures, and number of Section 1853(n) of the Social Security Act which the individual may be enrolled under individuals (and dual-eligible individuals) as- (42 U.S.C. 1395w–23(n)) is amended— this part. sisted; and (1) in paragraph (1), by striking ‘‘and (5)’’ ‘‘(B) COVERAGE PERIOD.—In the case of such ‘‘(iii) a description of the differences be- and inserting ‘‘, (5), and (6)’’; an individual who enrolls during such special tween how such territories are treated under (2) in paragraph (4), by striking ‘‘In no enrollment period, the coverage period under part D of title XVIII and under this title case’’ and inserting ‘‘Subject to paragraph section 1838 shall begin on the first day of compared with the treatment of the 50 (6), in no case’’; and the second month after the month in which States and the District of Columbia under (3) by adding at the end the following new the individual enrolls. such part and this title for different fiscal paragraph: ‘‘(C) EFFECTIVE MONTH DEFINED.—In this years within the period covered under the re- ‘‘(6) SPECIAL RULES FOR BLENDED BENCH- section, the term ‘effective month’ means a port. MARK AMOUNT FOR TERRITORIES.— month, not earlier than October 2016 and not ‘‘(C) RECOMMENDATIONS.—Such report shall ‘‘(A) IN GENERAL.—Subject to paragraph later than January 2017, specified by the Sec- include recommendations for improving pre- (2), the blended benchmark amount for an retary. scription drug coverage for low-income indi- area in a territory for a year (beginning with ‘‘(2) REDUCTION IN LATE ENROLLMENT PEN- viduals in each territory identified in sub- 2016) shall not be less than 80 percent of the ALTIES FOR CURRENT ENROLLEES AND INDIVID- paragraph (B)(ii), including recommenda- national average of the base payment UALS ENROLLING DURING TRANSITION.— tions regarding each of the following alter- amounts specified in subparagraph (2)(E) for ‘‘(A) IN GENERAL.—In the case of a transi- native approaches: such year for areas within the 50 States and tion individual who is enrolled under this ‘‘(i) Adjusting the aggregate amount speci- the District of Columbia. part as of the day before the first day of the fied in paragraph (3)(B). ‘‘(B) LIMITATION.—In no case shall the effective month or who enrolls under this ‘‘(ii) Allowing residents of the territories blended benchmark amount for an area in a part on or after the date of the enactment of to be subsidy eligible individuals under sec- territory for a year under subparagraph (A) this subsection but before the end of the spe- tion 1860D–14, notwithstanding subsection exceed the lowest blended benchmark cial enrollment period under paragraph (a)(3)(F) of such section, or providing sub- amount for any area within the 50 States and (1)(A), the amount of the late enrollment stantially equivalent low-income prescrip- the District of Columbia for such year.’’. penalty imposed under section 1839(b) shall tion drug subsidies to such residents.’’. SEC. 215. ELIMINATING EXCLUSION OF PART D Subtitle C—Miscellaneous be recalculated by reducing the penalty to 15 ELIGIBLE INDIVIDUALS RESIDING IN percent of the penalty otherwise established. TERRITORIES FROM ELIGIBILITY SEC. 221. REPORT ON EXCLUSION OF TERRI- ‘‘(B) APPLICATION.—Subparagraph (A) shall FOR PREMIUM AND COST-SHARING TORIES FROM EXCHANGES. be applied in the case of a transition indi- SUBSIDIES. (a) IN GENERAL.—Not later than February vidual who— (a) IN GENERAL.—Section 1860D–14(a)(3) of 1, 2018, the Secretary of Health and Human ‘‘(i) is enrolled under this part as of the the Social Security Act (42 U.S.C. 1395w– Services shall submit to Congress a report month before the effective month, for pre- 114(a)(3)) is amended— that details the adverse impacts in each ter- miums for months beginning with such effec- (1) in subparagraph (A), in the matter pre- ritory from the practical exclusion of the tive month; or ceding clause (i), by striking ‘‘subject to sub- territories from the provisions of part II of ‘‘(ii) enrolls under this part on or after the paragraph (F),’’; subtitle D of title I of the Patient Protection date of the enactment of this Act and before (2) in subparagraph (B)(v), in the matter and Affordable Care Act insofar as such pro- the end of the special enrollment period preceding subclause (I), by striking ‘‘Subject visions provide for the establishment of an under paragraph (1)(A), for premiums for to subparagraph (F), the Secretary’’ and in- American Health Benefit Exchange or the months during the coverage period under serting ‘‘The Secretary’’; administration of a federally facilitated Ex- this part which occur during or after the ef- (3) in subparagraph (C), by adding at the change in each State and in the District of fective month. end the following new sentence: ‘‘In the case Columbia for the purpose of making health ‘‘(C) LOSS OF REDUCTION IF INDIVIDUAL TER- of an individual who is not a resident of the insurance more affordable and accessible for MINATES ENROLLMENT.—Subparagraph (A) 50 States or the District of Columbia, the individuals and small businesses. shall not apply to a transition individual if poverty line (as such term is defined in (b) INFORMATION IN REPORT.—The report the individual terminates enrollment under clause (ii)) that shall apply to such indi- shall include information on the following:

VerDate Sep 11 2014 06:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.027 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4665 (1) An estimate of the total number of un- tify to a bankruptcy court any question of SA 4892. Mr. MENENDEZ (for himself insured and underinsured individuals resid- law related to the case. and Mr. BOOKER) submitted an amend- ing in each territory with respect to health ment intended to be proposed by him SA 4888. Mr. MENENDEZ submitted insurance coverage. to the bill S. 2328, to reauthorize and (2) A description of the number of health an amendment intended to be proposed amend the National Sea Grant College insurance issuers in each territory and the by him to the bill S. 2328, to reauthor- Program Act, and for other purposes; health insurance plans these issuers offer. ize and amend the National Sea Grant which was ordered to lie on the table; (3) An estimate of the number of individ- College Program Act, and for other as follows: uals residing in each territory who are de- purposes; which was ordered to lie on nied premium and cost-sharing assistance the table; as follows: On page 38, strike lines 21 and 22 and insert that would otherwise be available to them the following: for obtaining health insurance coverage At the end of section 308, add the fol- (B) ensure the funding of essential public through an Exchange if they resided in one lowing: services at a level that increases the safety, of the 50 States or in the District of Colum- (c) Notwithstanding any other provision of health, and standard of living of the covered bia. law, the race, sex, national origin, or reli- territory; (4) An estimate of the amount of Federal gion of a district court judge designated to assistance described in paragraph (3) that is conduct a case under this section may not SA 4893. Mr. MENENDEZ submitted not being made available to residents of each serve as the sole basis for requiring the an amendment intended to be proposed territory. recusal of that district court judge. by him to the bill S. 2328, to reauthor- (5) An estimate of the number of small em- SA 4889. Mr. MENENDEZ submitted ize and amend the National Sea Grant ployers in each territory that would be eligi- College Program Act, and for other ble to purchase health insurance coverage an amendment intended to be proposed through a Small Business Health Options by him to the bill S. 2328, to reauthor- purposes; which was ordered to lie on Program (SHOP) Marketplace that would op- ize and amend the National Sea Grant the table; as follows: erate as part of an Exchange if the employ- College Program Act, and for other On page 40, strike line 9 and insert the fol- ers were in one of the 50 States or in the Dis- purposes; which was ordered to lie on lowing: trict of Columbia. the table; as follows: Act; and (O) reduce factors that lead to economic SA 4884. Mr. MENENDEZ (for himself Beginning on page 88, strike line 20 and all that follows through page 89, line 2, and in- migration out of the covered territory. and Ms. WARREN) submitted an amend- sert the following: ment intended to be proposed by him time set by the court. SA 4894. Mr. MENENDEZ (for himself to the bill S. 2328, to reauthorize and (c) VOTE.—An affirmative vote of 5 of the and Mr. BOOKER) submitted an amend- amend the National Sea Grant College members of the Oversight Board shall be re- ment intended to be proposed by him Program Act, and for other purposes; quired to file a plan of adjustment under this to the bill S. 2328, to reauthorize and which was ordered to lie on the table; section. amend the National Sea Grant College as follows: SEC. 313. MODIFICATION OF PLAN. Program Act, and for other purposes; The Oversight Board, after the issuance of Beginning on page 95 strike line 13 and all which was ordered to lie on the table; a certification pursuant to section 104(j) of as follows: that follows through page 97, line 17, and in- this Act, may, upon an affirmative vote of 5 On page 38, lines 23 and 24, strike ‘‘for pub- sert the following: of the members of the Oversight Board, mod- lic pension systems’’ and insert ‘‘to elimi- SEC. 403. APPLICATION OF REGULATION TO ify the plan at any time before confirmation, nate funding deficits for current and future PUERTO RICO. but may not modify the plan so that the plan public pension obligations’’. It is the sense of Congress as modified fails to meet the requirements of this title. After the Oversight Board files a SA 4885. Mr. MENENDEZ (for himself SA 4895. Mr. MENENDEZ submitted modification, the plan as modified becomes an amendment intended to be proposed and Mr. Booker) submitted an amend- the plan. ment intended to be proposed by him by him to the bill S. 2328, to reauthor- to the bill S. 2328, to reauthorize and SA 4890. Mr. MENENDEZ submitted ize and amend the National Sea Grant amend the National Sea Grant College an amendment intended to be proposed College Program Act, and for other Program Act, and for other purposes; by him to the bill S. 2328, to reauthor- purposes; which was ordered to lie on which was ordered to lie on the table; ize and amend the National Sea Grant the table; as follows: as follows: College Program Act, and for other On page 38, strike lines 23 and 24 and insert the following: On page 73, line 22, insert ‘‘1113,’’ after purposes; which was ordered to lie on (C) provide funding for public pension sys- ‘‘1111(b),’’. the table; as follows: tems at a level necessary to prevent an in- In section 206, strike subsection (b) and in- crease in poverty among current and future Mr. MENENDEZ submitted sert the following: SA 4886. senior citizen retirees in the covered terri- (b) ISSUANCE OF RESTRUCTURING CERTIFI- an amendment intended to be proposed tory; by him to the bill S. 2328, to reauthor- CATION.—The Oversight Board shall issue a ize and amend the National Sea Grant restructuring certification for an entity only SA 4896. Mr. MENENDEZ submitted after the Oversight Board determines that an amendment intended to be proposed College Program Act, and for other the requirements of subsection (a) have been purposes; which was ordered to lie on met with respect to the entity, which shall by him to the bill S. 2328, to reauthor- the table; as follows: satisfy the requirement established under ize and amend the National Sea Grant On page 91, between lines 17 and 18, insert section 302(2). College Program Act, and for other the following: purposes; which was ordered to lie on (c) CERTIFICATION.—The Oversight Board SA 4891. Mr. MENENDEZ submitted the table; as follows: may not take any action described in sub- an amendment intended to be proposed Beginning on page 71, strike line 19 and all section (a) unless the Governor submits to by him to the bill S. 2328, to reauthor- that follows page 72, line 21. the Oversight Board a certification that the ize and amend the National Sea Grant Governor has determined that such action is College Program Act, and for other SA 4897. Mr. MENENDEZ (for himself necessary to prosecute the case of the debt- purposes; which was ordered to lie on and Mr. BOOKER) submitted an amend- or. the table; as follows: ment intended to be proposed by him to the bill S. 2328, to reauthorize and SA 4887. Mr. MENENDEZ (for himself Beginning on page 39, strike line 19 and all amend the National Sea Grant College and Mr. BOOKER) submitted an amend- that follows through page 40, line 9, and in- ment intended to be proposed by him sert the following: Program Act, and for other purposes; to the bill S. 2328, to reauthorize and the Oversight Board deems necessary; and which was ordered to lie on the table; amend the National Sea Grant College (M) ensure that assets, funds, or resources as follows: of a territorial instrumentality are not Program Act, and for other purposes; In section 101, strike subsection (e) and in- loaned to, transferred to, or otherwise used sert the following: which was ordered to lie on the table; for the benefit of a covered territory or an- (e) MEMBERSHIP.— as follows: other covered territorial instrumentality of (1) NUMBER; CATEGORIES.— On page 87, between lines 17 and 18, insert a covered territory, unless permitted by the (A) NUMBER OF MEMBERS.—The Oversight the following: constitution of the territory, an approved Board shall consist of 9 members appointed (c) A district court judge designated to plan of adjustment under title III, or a Quali- by the President who meet the qualifications conduct a case under subsection (a) may cer- fying Modification approved under title VI. described in subsection (f) and section 109(a).

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(B) CATEGORIES.—The Board shall be com- ignation or removal of the Oversight Board SEC. 201. DEVELOPMENT AND APPROVAL OF FIS- prised of— member becomes effective. CAL PLANS. (i) 1 Category A member; (G) DEADLINE FOR PUERTO RICO.—With re- (a) IN GENERAL.—Not later than the date (ii) 1 Category B member; spect to an Oversight Board for Puerto Rico, that is 60 days before the date on which the (iii) 2 Category C members; if any of the 9 members have not been ap- Governor of an applicable covered territory (iv) 1 Category D member; pointed by September 30, 2016, the President is required under applicable law to submit to (v) 1 Category E member; shall appoint an individual from the list for the legislature of the applicable covered ter- (vi) 2 Category F members; and the vacant category by December 1, 2016, if ritory a proposed budget for the upcoming (vii) 1 Category G member. the list includes at least 2 individuals per va- fiscal year, the Governor, in consultation with the Chief Financial Officer, shall de- (2) APPOINTED MEMBERS.— cancy who— velop and submit to the Board and applicable (A) APPOINTMENT.—The President shall ap- (i) meet the requirements under subsection territorial government a Fiscal Plan for the point the individual members of the Over- (f) and section 109; and applicable territorial government in accord- sight Board, of which— (ii) are willing to serve. ance with this section. (i) the Category A member should be se- (b) INITIAL FISCAL PLAN.—The Governor of lected from a list of individuals submitted by SA 4898. Mr. MENENDEZ submitted an amendment intended to be proposed an applicable covered territory in consulta- the Speaker of the House of Representatives; tion with the Chief Financial Officer shall (ii) the Category B member should be se- by him to the bill S. 2328, to reauthor- develop an initial Fiscal Plan in accordance lected from a separate list of individuals sub- ize and amend the National Sea Grant with subsection (a) within 90 days of the mitted by the Speaker of the House of Rep- College Program Act, and for other Governor of the applicable covered territory resentatives; purposes; which was ordered to lie on signing a resolution adopted by the legisla- (iii) the Category C members should be se- the table; as follows: ture of the territory to request the establish- lected from a list submitted by the majority In section 101, strike subsection (f) and in- ment of a Fiscal Stability and Reform Board leader of the Senate; sert the following: under this subtitle, or not later than the (iv) the Category D member should be se- (f) ELIGIBILITY FOR APPOINTMENTS.—An in- date that is 60 days before the date on which lected from a list submitted by the minority dividual is eligible for appointment as a the Governor of the applicable covered terri- leader of the House of Representatives; member of the Oversight Board only if the tory is required under applicable law to sub- (v) the Category E member should be se- individual— mit to the legislature of the applicable cov- lected from a list submitted by the minority (1) maintains a primary residence in the ered territory a proposed budget for the up- leader of the Senate; territory; coming fiscal year, whichever comes chrono- (vi) the Category F members should be se- (2) has knowledge and expertise in finance, logically first. lected from a list submitted by the Governor municipal bond markets, management, law, (c) REQUIREMENTS.— and approved by the Legislature; and or the organization or operation of business (1) IN GENERAL.—A Fiscal Plan shall, to the (vii) the Category G member may be se- or government; and maximum extent practicable, with respect to lected in the sole discretion of the President. (3) prior to appointment, is not an officer, the applicable territorial government— (B) SUBMISSION OF LIST.—After the selec- elected official, or employee of the terri- (A) provide for estimates of revenues and tion of the Category G Board member by the torial government, a candidate for elected expenditures in accordance with modified ac- President under subparagraph (A)(vii), for office of the territorial government, or a crual accounting standards and based on— purposes of subparagraph (A) and within a former elected official of the territorial gov- (i) applicable laws; or timely manner— ernment. (ii) specific laws that require enactment in (i) the Speaker of the House of Representa- order to reasonably achieve the projections tives shall submit to the President 2 non- SA 4899. Mr. MENENDEZ submitted of the Fiscal Plan; overlapping lists of at least 3 individuals, of an amendment intended to be proposed (B) ensure the funding of essential public which 1 list shall include 3 individuals who— by him to the bill S. 2328, to reauthor- services; (I) maintain a primary residence in the ter- ize and amend the National Sea Grant (C) provide full funding to cover all exist- ritory; or ing public pension obligations; (II) have a primary place of business in the College Program Act, and for other (D) provide for the elimination of budget territory; purposes; which was ordered to lie on gaps in financing; (ii) the majority leader of the Senate shall the table; as follows: (E) provide for a reduction in the debt bur- submit to the President a list of at least 4 in- Beginning on page 18, strike lines 15 den to a level that is sustainable; dividuals; through 20 and insert the following: (F) improve fiscal governance; (iii) the minority leader of the House of nization or operation of business or govern- (G) enable the achievement of fiscal tar- Representatives shall submit to the Presi- ment; gets; dent a list of at least 3 individuals; (2) prior to appointment, an individual is (H) create independent forecasts of revenue (iv) the minority leader of the Senate shall not an officer, elected official, or employee for the period covered by the Fiscal Plan; submit to the President a list of at least 3 in- of the territorial government, a candidate and dividuals; and for elected office of the territorial govern- (I) not impede investments to promote sus- (v) the Governor shall submit to the Presi- ment, or a former elected official of the ter- tained economic growth. dent a list of at least 4 individuals. ritorial government; and (2) TERM.—A Fiscal Plan shall be in effect (C) ADDITIONAL NAMES.—If the President (3) maintains a primary residence in the for a period of not less than 5 years. does not select any of the individuals from a applicable covered territory if the Oversight (3) TRANSPARENCY.—A Fiscal Plan shall be list submitted under subparagraph (B), the Board contains more than 3 members who do made publicly available no less than 15 days official that submitted the list may supple- not maintain a primary residence in the ap- after final approval as specified within sub- ment the lists submitted under that subpara- plicable covered territory. section (d). graph with the names of additional individ- (d) APPROVAL BY BOARD.— uals. SA 4900. Mr. MENENDEZ (for himself (1) REQUIREMENT.—The Governor of a cov- (D) REQUIREMENT FOR CATEGORY A MEM- and Mr. BOOKER) submitted an amend- ered territory shall not submit to the legis- BER.—The Category A member shall— ment intended to be proposed by him lature of the applicable covered territory an (i) maintain a primary residence in the ter- to the bill S. 2328, to reauthorize and annual budget for a fiscal year unless the ritory; or Fiscal Plan has been approved for that fiscal (ii) have a primary place of business in the amend the National Sea Grant College year in accordance with this subsection. territory. Program Act, and for other purposes; (2) APPROVAL.—Not later than the date (E) SENATE CONFIRMATION.—With respect to which was ordered to lie on the table; that is 15 days after the date on which the the appointment of an Oversight Board mem- as follows: Governor submits a Fiscal Plan to the Board ber in Category A, B, C, D, E, or F— On page 27, strike lines 11 through 19. under subsection (a), the Board shall— (i) the appointment shall be by and with (A) certify the Fiscal Plan; or the advice and consent of the Senate; or SA 4901. Mr. MENENDEZ (for himself (B) fail to certify the Fiscal Plan and pro- (ii) if the President appoints an individual and Mr. BOOKER) submitted an amend- vide to the Governor recommendations for from a list of individuals in accordance with ment intended to be proposed by him revisions to the Fiscal Plan. this subsection, no Senate confirmation to the bill S. 2328, to reauthorize and (3) REVISED FISCAL PLAN.— shall be required. amend the National Sea Grant College (A) IN GENERAL.—Not later than the date (F) VACANCY.—In the event of a vacancy of that is 15 days after the date on which the a Category A, B, C, D, E, or F Oversight Program Act, and for other purposes; Board submits recommendations to the Gov- Board member, the official responsible for which was ordered to lie on the table; ernor under paragraph (2)(B), the Governor submitting a list of individuals for that cat- as follows: shall submit to the Board a revised Fiscal egory under subparagraph (B) shall submit a Beginning on page 37, strike line 16 and all Plan. list in accordance with this subsection with- that follows through page 43, line 12, and in- (B) APPROVAL; DISAPPROVAL.—Not later in a timely manner of the date on which res- sert the following: than the date that is 7 days after the date on

VerDate Sep 11 2014 06:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.039 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4667 which the Governor submits to the Board a ritory with recommendations of the Board under this subtitle, or not later than the revised Fiscal Plan under subparagraph (A), for adjustments that should be made to en- date that is 60 days before the date on which the Board shall— sure the adopted budget of the territorial the Governor of the applicable covered terri- (i) certify the revised Fiscal Plan; or government for the applicable fiscal year is tory is required under applicable law to sub- (ii) disapprove the revised Fiscal Plan. a complaint budget; and mit to the legislature of the applicable cov- (4) DEVELOPMENT BY BOARD.—If the Gov- (IV) issue a directive that the legislature ered territory a proposed budget for the up- ernor of a covered territory fails to submit shall strive to adopt the Board’s rec- coming fiscal year, whichever comes chrono- to the Board a revised Fiscal Plan on or be- ommendations in the budget of the terri- logically first. fore the date specified in paragraph (3)(A), torial government for the applicable fiscal (c) REQUIREMENTS.— the Board shall develop and submit to the year. (1) IN GENERAL.—A Fiscal Plan shall, to the Governor a final revised Fiscal Plan not (b) BUDGET APPROVAL BY LEGISLATURE.— maximum extent practicable, with respect to later than the date that is 22 days after the (1) IN GENERAL.—The legislature of the ap- the applicable territorial government— date on which recommendations are provided plicable covered territory shall submit to the (A) provide for estimates of revenues and to the Governor under paragraph (2)(B). Board the budget adopted by the legislature expenditures in accordance with modified ac- not later than— crual accounting standards and based on— SA 4902. Mr. MENENDEZ submitted (A) the date that is 30 days before the first an amendment intended to be proposed (i) applicable laws; or day of each applicable fiscal year; or (ii) specific laws that require enactment in by him to the bill S. 2328, to reauthor- (B) the date previously approved in writing order to reasonably achieve the projections ize and amend the National Sea Grant by the Board not to exceed 60 days after the of the Fiscal Plan; College Program Act, and for other first day of the applicable fiscal year, if a (B) ensure the funding of essential public purposes; which was ordered to lie on date was approved in writing. services; the table; as follows: (2) DETERMINATION BY BOARD.—Not later (C) provide full funding to cover all exist- than the date that is 7 days after the date on Beginning on page 43, strike line 13 and all ing public pension obligations; which the Board receives an adopted budget that follows through page 50, line 6, and in- (D) provide for the elimination of budget submitted under paragraph (1), the Board sert the following: gaps in financing; shall— (E) provide for a reduction in the debt bur- SEC. 202. REVIEW OF BUDGETS. (A) determine whether the adopted budget (a) BUDGET PROPOSED BY GOVERNOR.— den to a level that is sustainable; is a compliant budget; and (1) SUBMISSION TO BOARD.—The Governor of (F) improve fiscal governance; (B)(i) if the adopted budget is a compliant the applicable covered territory shall submit (G) enable the achievement of fiscal tar- budget, issue a compliance certification for to the Board for review a proposed budget for gets; the compliant budget; or each fiscal year by not later than the earlier (H) create independent forecasts of revenue (ii) if the budget is not a compliant budg- of— for the period covered by the Fiscal Plan; et— (A) the date that is 120 days before the first and (I) issue a certificate of noncompliance; day of the fiscal year covered by the pro- (I) not impede investments to promote sus- posed budget; and (II) publicly submit recommendations of tained economic growth. the Board for adjustments that should be (B) the date that is 60 days before the date (2) TERM.—A Fiscal Plan shall be in effect by which the Governor is required under ap- made to the budget of the territorial govern- for a period of not less than 5 years. ment for the upcoming fiscal year to ensure plicable law to submit to the legislature of (3) TRANSPARENCY.—A Fiscal Plan shall be the applicable covered territory a proposed the revenues and expenditures are consistent made publicly available no less than 15 days budget for the applicable fiscal year. with the Fiscal Plan; after final approval as specified within sub- (2) DETERMINATION OF COMPLIANT BUDGET.— (III) provide to the Governor and legisla- section (d). ture of the applicable covered territory a Not later than the date that is 15 days after (d) APPROVAL BY BOARD.— the date on which a Board receives a pro- certificate of noncompliance that includes a description of any recommendations of the (1) REQUIREMENT.—The Governor of a cov- posed budget under paragraph (1), the Board ered territory shall not submit to the legis- shall— Board for adjustments that should be made to the budget of the territorial government lature of the applicable covered territory an (A) determine whether the proposed budget annual budget for a fiscal year unless the is a compliant budget; and for the upcoming fiscal year to ensure the revenues and expenditures are consistent Fiscal Plan has been approved for that fiscal (B)(i) if the proposed budget is a compliant year in accordance with this subsection. budget— with the Fiscal Plan; and (IV) issue a directive that the Governor (2) APPROVAL.—Not later than the date (I) approve the compliant budget; and that is 15 days after the date on which the (II) submit the compliant budget to the and the legislature shall strive to adopt the Board’s recommendations in the budget of Governor submits a Fiscal Plan to the Board legislature of the applicable covered terri- under subsection (a), the Board shall— tory; or the territorial government for the upcoming fiscal year. (A) certify the Fiscal Plan; or (ii) if the proposed budget is not a compli- (B) fail to certify the Fiscal Plan and pro- ant budget, provide to the Governor of the SA 4903. Mr. MENENDEZ submitted vide to the Governor recommendations for applicable covered territory— revisions to the Fiscal Plan. (I) a notice of violation that includes a de- an amendment intended to be proposed by him to the bill S. 2328, to reauthor- (3) REVISED FISCAL PLAN.— scription of any corrective action suggested (A) IN GENERAL.—Not later than the date by the Board; and ize and amend the National Sea Grant that is 15 days after the date on which the (II) an opportunity to correct the violation College Program Act, and for other Board submits recommendations to the Gov- by requiring the Governor to submit to the purposes; which was ordered to lie on ernor under paragraph (2)(B), the Governor Board a revised budget by not later than the the table; as follows: shall submit to the Board a revised Fiscal date that is 15 days after the date on which Beginning on page 37, strike 16 and all that Plan. the notice of violation under subclause (I) is follows through page 63, line 5. (B) APPROVAL; DISAPPROVAL.—Not later provided. SEC. 201. DEVELOPMENT AND APPROVAL OF FIS- than the date that is 7 days after the date on (3) REVISED BUDGETS.—Not later than the CAL PLANS. which the Governor submits to the Board a date that is 7 days after the date on which (a) IN GENERAL.—Not later than the date revised Fiscal Plan under subparagraph (A), the Board receives a revised budget under that is 60 days before the date on which the the Board shall— paragraph (2)(B)(ii)(II), the Board shall— Governor of an applicable covered territory (i) certify the revised Fiscal Plan; or (A) determine whether the revised budget is required under applicable law to submit to (ii) disapprove the revised Fiscal Plan. is a compliant budget; and the legislature of the applicable covered ter- (4) DEVELOPMENT BY BOARD.—If the Gov- (B)(i) if the revised budget is a compliant ritory a proposed budget for the upcoming ernor of a covered territory fails to submit budget— fiscal year, the Governor, in consultation to the Board a revised Fiscal Plan on or be- (I) approve the compliant budget; and with the Chief Financial Officer, shall de- fore the date specified in paragraph (3)(A), (II) submit the compliant budget to the velop and submit to the Board and applicable the Board shall develop and submit to the legislature of the applicable covered terri- territorial government a Fiscal Plan for the Governor a final revised Fiscal Plan not tory; or applicable territorial government in accord- later than the date that is 22 days after the (ii) if the revised budget is not a compliant ance with this section. date on which recommendations are provided budget— (b) INITIAL FISCAL PLAN.—The Governor of to the Governor under paragraph (2)(B). (I) issue a notice of noncompliance; an applicable covered territory in consulta- (II) publicly submit recommendations of tion with the Chief Financial Officer shall SEC. 202. REVIEW OF BUDGETS. the Board for adjustments that should be develop an initial Fiscal Plan in accordance (a) BUDGET PROPOSED BY GOVERNOR.— made to ensure the adopted budget of the with subsection (a) within 90 days of the (1) SUBMISSION TO BOARD.—The Governor of territorial government for the applicable fis- Governor of the applicable covered territory the applicable covered territory shall submit cal year is a compliant budget; signing a resolution adopted by the legisla- to the Board for review a proposed budget for (III) submit the noncompliant budget to ture of the territory to request the establish- each fiscal year by not later than the earlier the legislature of the applicable covered ter- ment of a Fiscal Stability and Reform Board of—

VerDate Sep 11 2014 06:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.039 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4668 CONGRESSIONAL RECORD — SENATE June 28, 2016 (A) the date that is 120 days before the first (I) issue a certificate of noncompliance; under this Act, the Resident Commissioner day of the fiscal year covered by the pro- (II) publicly submit recommendations of of Puerto Rico shall have a vote in the House posed budget; and the Board for adjustments that should be of Representatives. (B) the date that is 60 days before the date made to the budget of the territorial govern- by which the Governor is required under ap- ment for the upcoming fiscal year to ensure SA 4909. Mr. MENENDEZ submitted plicable law to submit to the legislature of the revenues and expenditures are consistent an amendment intended to be proposed the applicable covered territory a proposed with the Fiscal Plan; by him to the bill S. 2328, to reauthor- budget for the applicable fiscal year. (III) provide to the Governor and legisla- ize and amend the National Sea Grant (2) DETERMINATION OF COMPLIANT BUDGET.— ture of the applicable covered territory a College Program Act, and for other Not later than the date that is 15 days after certificate of noncompliance that includes a the date on which a Board receives a pro- description of any recommendations of the purposes; which was ordered to lie on posed budget under paragraph (1), the Board Board for adjustments that should be made the table; as follows: shall— to the budget of the territorial government Beginning on page 86, strike line 19 and all (A) determine whether the proposed budget for the upcoming fiscal year to ensure the that follows through page 87, line 6. is a compliant budget; and revenues and expenditures are consistent (B)(i) if the proposed budget is a compliant with the Fiscal Plan; and SA 4910. Mr. MENENDEZ submitted budget— (IV) issue a directive that the Governor an amendment intended to be proposed (I) approve the compliant budget; and and the legislature shall strive to adopt the by him to the bill S. 2328, to reauthor- (II) submit the compliant budget to the Board’s recommendations in the budget of legislature of the applicable covered terri- ize and amend the National Sea Grant the territorial government for the upcoming College Program Act, and for other tory; or fiscal year. (ii) if the proposed budget is not a compli- purposes; which was ordered to lie on On page 66, strike lines 1 through 12. ant budget, provide to the Governor of the the table; as follows: applicable covered territory— Mr. MENENDEZ submitted Strike section 209 and insert the following: (I) a notice of violation that includes a de- SA 4904. SEC. 209. TERMINATION OF BOARD. scription of any corrective action suggested an amendment intended to be proposed by the Board; and by him to the bill S. 2328, to reauthor- A Board shall terminate on certification (II) an opportunity to correct the violation ize and amend the National Sea Grant by the Board that— by requiring the Governor to submit to the College Program Act, and for other (1) the Board has been in operation for not Board a revised budget by not later than the less than 3 years and the applicable terri- purposes; which was ordered to lie on torial government has adequate access, on date that is 15 days after the date on which the table; as follows: the notice of violation under subclause (I) is an unsecured basis, to short-term and long- provided. On page 53, line 3, insert ‘‘, if not fewer term credit markets at reasonable interest than 5 of the members of the Oversight (3) REVISED BUDGETS.—Not later than the rates to meet the borrowing needs of the ter- date that is 7 days after the date on which Board certify that any corrective action ritorial government using a compliant budg- the Board receives a revised budget under would not affect funding of essential public et; or paragraph (2)(B)(ii)(II), the Board shall— services or public pension systems’’ after (2) for not less than 3 consecutive fiscal (A) determine whether the revised budget ‘‘shall’’. years prior to the certification, the expendi- is a compliant budget; and tures made by the applicable territorial gov- (B)(i) if the revised budget is a compliant SA 4905. Mr. MENENDEZ submitted ernment for each fiscal year did not exceed budget— an amendment intended to be proposed the revenues of the territorial government (I) approve the compliant budget; and by him to the bill S. 2328, to reauthor- during that fiscal year, using a compliant (II) submit the compliant budget to the ize and amend the National Sea Grant budget. legislature of the applicable covered terri- College Program Act, and for other Mr. MENENDEZ submitted tory; or purposes; which was ordered to lie on SA 4911. an amendment intended to be proposed (ii) if the revised budget is not a compliant the table; as follows: budget— by him to the bill S. 2328, to reauthor- (I) issue a notice of noncompliance; On page 39, beginning with line 15, strike ize and amend the National Sea Grant through line 17. (II) publicly submit recommendations of College Program Act, and for other the Board for adjustments that should be purposes; which was ordered to lie on made to ensure the adopted budget of the SA 4906. Mr. MENENDEZ submitted territorial government for the applicable fis- an amendment intended to be proposed the table; as follows: cal year is a compliant budget; by him to the bill S. 2328, to reauthor- In section 101(b), strike paragraph (1) and (III) submit the noncompliant budget to ize and amend the National Sea Grant insert the following: the legislature of the applicable covered ter- College Program Act, and for other (1) PUERTO RICO.—Subject to the legisla- ritory with recommendations of the Board purposes; which was ordered to lie on ture of Puerto Rico adopting a resolution ap- for adjustments that should be made to en- proving the establishment of a Financial sure the adopted budget of the territorial the table; as follows: Oversight and Management Board for Puerto government for the applicable fiscal year is On page 68, line 20, insert ‘‘including rec- Rico, a Financial Oversight and Management a complaint budget; and ommendations on changes to the treatment Board is established for Puerto Rico. (IV) issue a directive that the legislature of Puerto Ricans under the Internal Revenue In section 101, strike subsection (e) and in- shall strive to adopt the Board’s rec- Code of 1986 and Federal health policies,’’ sert the following: ommendations in the budget of the terri- after ‘‘laws,’’. (e) MEMBERSHIP.— torial government for the applicable fiscal (1) NUMBER; CATEGORIES.— year. SA 4907. Mr. MENENDEZ submitted (A) NUMBER OF MEMBERS.—The Oversight (b) BUDGET APPROVAL BY LEGISLATURE.— an amendment intended to be proposed Board shall consist of 9 members appointed (1) IN GENERAL.—The legislature of the ap- by him to the bill S. 2328, to reauthor- by the President who meet the qualifications plicable covered territory shall submit to the ize and amend the National Sea Grant described in subsection (f) and section 109(a). Board the budget adopted by the legislature College Program Act, and for other (B) CATEGORIES.—The Board shall be com- not later than— purposes; which was ordered to lie on prised of— (A) the date that is 30 days before the first (i) 1 Category A member; day of each applicable fiscal year; or the table; as follows: (ii) 1 Category B member; (B) the date previously approved in writing On page 136, strike lines 5 through 18. (iii) 2 Category C members; by the Board not to exceed 60 days after the (iv) 1 Category D member; first day of the applicable fiscal year, if a SA 4908. Mr. MENENDEZ submitted (v) 1 Category E member; date was approved in writing. an amendment intended to be proposed (vi) 2 Category F members; and (2) DETERMINATION BY BOARD.—Not later by him to the bill S. 2328, to reauthor- (vii) 1 Category G member. than the date that is 7 days after the date on ize and amend the National Sea Grant (2) APPOINTED MEMBERS.— which the Board receives an adopted budget College Program Act, and for other (A) APPOINTMENT.—The President shall ap- submitted under paragraph (1), the Board purposes; which was ordered to lie on point the individual members of the Over- shall— sight Board, of which— (A) determine whether the adopted budget the table; as follows: (i) the Category A member should be se- is a compliant budget; and At the end of title IV, add the following: lected from a list of individuals submitted by (B)(i) if the adopted budget is a compliant SEC. 414. REPRESENTATION IN THE HOUSE OF the Speaker of the House of Representatives; budget, issue a compliance certification for REPRESENTATIVES. (ii) the Category B member should be se- the compliant budget; or Notwithstanding any other provision of lected from a separate list of individuals sub- (ii) if the budget is not a compliant budg- law, during any period in which there is an mitted by the Speaker of the House of Rep- et— Oversight Board in effect for Puerto Rico resentatives;

VerDate Sep 11 2014 06:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.030 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4669 (iii) the Category C members should be se- the requirements of subsection (a) have been ployers in Puerto Rico may pay employees lected from a list submitted by the majority met with respect to the entity, which shall who are initially employed after the date of leader of the Senate; satisfy the requirement established under enactment of such Act a wage which is not (iv) the Category D member should be se- section 302(2). less than the wage described in paragraph lected from a list submitted by the minority Strike sections 403 and 404. (1). Notwithstanding the time period des- leader of the House of Representatives; ignated, such wage shall not continue in ef- (v) the Category E member should be se- SA 4912. Mr. BLUMENTHAL sub- fect after such Board terminates in accord- lected from a list submitted by the minority mitted an amendment intended to be ance with section 209 of such Act. leader of the Senate; proposed by him to the bill S. 2328, to ‘‘(3) No employer may take any action to (vi) the Category F members should be se- reauthorize and amend the National displace employees (including partial dis- lected from a list submitted by the Governor Sea Grant College Program Act, and placements such as reduction in hours, and approved by the Legislature; and wages, or employment benefits) for purposes (vii) the Category G member may be se- for other purposes; which was ordered of hiring individuals at the wage authorized lected in the sole discretion of the President. to lie on the table; as follows: in paragraph (1) or (2). (B) SUBMISSION OF LIST.—After the selec- On page 38, strike line 24 and insert the fol- ‘‘(4) Any employer who violates this sub- tion of the Category G Board member by the lowing: section shall be considered to have violated President under subparagraph (A)(vii), for pension systems, and in so doing, treat par- section 15(a)(3) (29 U.S.C. 215(a)(3)).’’. purposes of subparagraph (A) and within a ticipant contributions to any trust adminis- timely manner— tered by the territory or any instrumen- SA 4916. Mr. SANDERS submitted an (i) the Speaker of the House of Representa- tality thereof as the property of the contrib- amendment intended to be proposed by tives shall submit to the President 2 non- utor and ensure that funding is pledged for him to the bill S. 2328, to reauthorize overlapping lists of at least 3 individuals, of each fiscal year sufficient to satisfy the law- which 1 list shall include 3 individuals who— and amend the National Sea Grant Col- ful claims of participants to their contribu- lege Program Act, and for other pur- (I) maintain a primary residence in the ter- tions; ritory; or poses; which was ordered to lie on the (II) have a primary place of business in the SA 4913. Mr. BLUMENTHAL sub- table; as follows: territory; mitted an amendment intended to be Strike all after the enacting clause and in- (ii) the majority leader of the Senate shall sert the following: submit to the President a list of at least 4 in- proposed by him to the bill S. 2328, to SECTION 1. SHORT TITLE; TABLE OF CONTENTS. dividuals; reauthorize and amend the National (iii) the minority leader of the House of Sea Grant College Program Act, and (a) SHORT TITLE.—This Act may be cited as Representatives shall submit to the Presi- for other purposes; which was ordered the ‘‘Puerto Rico Humanitarian Relief and dent a list of at least 3 individuals; to lie on the table; as follows: Reconstruction Act’’. (iv) the minority leader of the Senate shall (b) TABLE OF CONTENTS.—The table of con- On page 38, line 23, strike ‘‘adequate’’ and tents of this Act is as follows: submit to the President a list of at least 3 in- insert ‘‘full’’. dividuals; and Sec. 1. Short title; table of contents. Sec. 2. Definition of Commonwealth. (v) the Governor shall submit to the Presi- SA 4914. Mr. BLUMENTHAL sub- dent a list of at least 4 individuals. mitted an amendment intended to be TITLE I—SENSE OF CONGRESS ON DEBT (C) ADDITIONAL NAMES.—If the President HELD BY THE COMMONWEALTH does not select any of the individuals from a proposed by him to the bill S. 2328, to reauthorize and amend the National Sec. 101. Findings. list submitted under subparagraph (B), the Sec. 102. Purposes. official that submitted the list may supple- Sea Grant College Program Act, and Sec. 103. Sense of Congress. ment the lists submitted under that subpara- for other purposes; which was ordered graph with the names of additional individ- TITLE II—PUERTO RICO RECONSTRUC- to lie on the table; as follows: TION FINANCE CORPORATION uals. On page 38, strike line 24 and insert the fol- (D) REQUIREMENT FOR CATEGORY A MEM- Sec. 201. Definitions. lowing: Sec. 202. Establishment and funding. BER.—The Category A member shall— pension systems to ensure payment of retire- (i) maintain a primary residence in the ter- Sec. 203. Board of the Corporation. ment benefits accrued as of the effective Sec. 204. Duties. ritory; or date of this Act (to the extent such benefits (ii) have a primary place of business in the Sec. 205. Default by the Commonwealth or a do not exceed the maximum guarantee which municipality of the Common- territory. would apply with respect to the participant (E) SENATE CONFIRMATION.—With respect to wealth. under section 4022 of the Employee Retire- Sec. 206. Rule of construction. the appointment of an Oversight Board mem- ment Income Security Act of 1974 (29 U.S.C. ber in Category A, B, C, D, E, or F— 1322) if title IV of such Act applied to the TITLE III—PUERTO RICO CHAPTER 9 (i) the appointment shall be by and with participant’s plan), treat participant con- UNIFORMITY the advice and consent of the Senate; or tributions to any trust administered by the Sec. 301. Amendment. (ii) if the President appoints an individual territory or any instrumentality thereof as Sec. 302. Effective date; application of from a list of individuals in accordance with the property of the contributor, and ensure amendment. this subsection, no Senate confirmation that funding is pledged for each fiscal year Sec. 303. Severability. shall be required. sufficient to satisfy the lawful claims of par- TITLE IV—ADDRESSING HEALTH CARE (F) VACANCY.—In the event of a vacancy of ticipants to their contributions; a Category A, B, C, D, E, or F Oversight DISPARITIES IN THE COMMONWEALTH Subtitle A—Medicaid Board member, the official responsible for SA 4915. Mr. BLUMENTHAL sub- submitting a list of individuals for that cat- mitted an amendment intended to be Sec. 411. Elimination of general Medicaid egory under subparagraph (B) shall submit a funding limitations (‘‘cap’’) for list in accordance with this subsection with- proposed by him to the bill S. 2328, to Puerto Rico. in a timely manner of the date on which res- reauthorize and amend the National Sec. 412. Elimination of specific Federal ignation or removal of the Oversight Board Sea Grant College Program Act, and medical assistance percentage member becomes effective. for other purposes; which was ordered (FMAP) limitation for Puerto (G) DEADLINE FOR PUERTO RICO.—With re- to lie on the table; as follows: Rico. spect to an Oversight Board for Puerto Rico, Strike section 403 and insert the following: Sec. 413. Application of 100 percent Federal if any of the 9 members have not been ap- poverty line (FPL) limitation pointed by September 30, 2016, the President SEC. 403. FIRST MINIMUM WAGE IN PUERTO to Puerto Rico. RICO. shall appoint an individual from the list for Sec. 414. Extension of application of Medi- Section 6(g) of the Fair Labor Standards the vacant category by December 1, 2016, if care payment floor to primary Act of 1938 (29 U.S.C. 206(g)) is amended— the list includes at least 2 individuals per va- care services furnished in Puer- (1) by redesignating paragraph (4) as para- cancy who— to Rico under Medicaid and ap- graph (5); and (i) meet the requirements under subsection plication to additional pro- (2) by striking paragraphs (2) and (3) and (f) and section 109; and viders. inserting the following: (ii) are willing to serve. Subtitle B—Medicare Provisions In section 201(b)(1)(C), strike ‘‘adequate’’ ‘‘(2) In lieu of the rate prescribed by sub- and insert ‘‘full’’. section (a)(1), the Governor of Puerto Rico, Sec. 421. Application of part B deemed en- In section 206, strike subsection (b) and in- subject to the approval of the Financial rollment process to residents of sert the following: Oversight and Management Board estab- Puerto Rico; special enrollment (b) ISSUANCE OF RESTRUCTURING CERTIFI- lished pursuant to section 101 of the Puerto period and limit on late enroll- CATION.—The Oversight Board shall issue a Rico Oversight, Management, and Economic ment penalties. restructuring certification for an entity only Stability Act, may designate a time period Sec. 422. Puerto Rico practice expense GPCI after the Oversight Board determines that not to exceed four years during which em- improvement.

VerDate Sep 11 2014 06:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0655 E:\CR\FM\A28JN6.033 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4670 CONGRESSIONAL RECORD — SENATE June 28, 2016 Sec. 423. Permanent extension of incentive (2) to ensure that Wall Street speculators and with the advice and consent of the Sen- payments for primary care are not able to profit from the misfortune of ate, unless the President appoints an indi- services furnished in Puerto United States citizens, including the 3,500,000 vidual from a list, as provided in this sub- Rico. people in Puerto Rico. section, in which case no Senate confirma- Subtitle C—National Environmental Public SEC. 103. SENSE OF CONGRESS. tion is required. Health Tracking and Studies It is the sense of Congress that— (c) TERM.—Each member of the Board shall serve a term of 4 years and may be re- Sec. 431. National Environmental Public (1) if the Commission for the Comprehen- sive Audit of Puerto Rico’s Public Debt finds appointed after the expiration of a term. Health Tracking. (d) ETHICS.— that any of the debt held by Puerto Rico was Sec. 432. Study on environmental, biologi- (1) CONFLICT OF INTEREST.—Notwith- acquired in violation of the Constitution of cal, and health data from the standing any ethics provision governing em- Puerto Rico, the Puerto Rican government island of Vieques, Puerto Rico. ployees of the Commonwealth, all members TITLE V—INFRASTRUCTURE should immediately set aside this debt and and staff of the Board shall be subject to the INVESTMENTS suggest to holders of this debt that they seek Federal conflict of interest requirements de- redress from the investment banks that Subtitle A—Energy Infrastructure scribed in section 208 of title 18, United helped market and sell these unconstitu- States Code. Incentives tional instruments; (2) FINANCIAL DISCLOSURE.—Notwith- Sec. 511. Grant program to promote of ac- (2) the Board of Governors of the Federal standing any ethics provision governing em- cess to renewable energy and Reserve System has the authority to provide ployees of the Commonwealth, all members energy efficiency for Puerto emergency financing to Puerto Rico to fa- of the Board and staff designated by the Rico. cilitate an orderly restructuring of the debt Board shall be subject to disclosure of their Sec. 512. Incentives for energy efficient com- held by Puerto Rico under sections 13(3) and financial interests, the contents of which mercial buildings. 14(2)(b) of the Federal Reserve Act (12 U.S.C. shall conform to the same requirements set Sec. 513. Incentives for new energy efficient 343 and 355); and forth in section 102 of the Ethics in Govern- homes. (3) Puerto Rico is experiencing a humani- ment Act of 1978 (5 U.S.C. App.). Subtitle B—Transportation, Housing, and tarian crisis, and that the American govern- SEC. 204. DUTIES. Agriculture Infrastructure Incentives ment must meet the basic human needs of The Board may— Sec. 521. General provisions. its citizens ahead of the profits of Wall (1) hire and pay members of the Board and Sec. 522. Highway program. Street. staff; Sec. 523. TIGER discretionary grants. TITLE II—PUERTO RICO RECONSTRUC- (2) organize the affairs in accordance with Sec. 524. Passenger and freight rail improve- TION FINANCE CORPORATION bylaws approved by the Board; ments. SEC. 201. DEFINITIONS. (3) discount any note or Bond from any Sec. 525. Airport Improvement Program. In this title: public entity in the Commonwealth upon ap- Sec. 526. Clean and safe water revolving (1) BOARD.—The term ‘‘Board’’ means the proval of a majority of the Board; funds. Board of the Corporation. (4) make any expenditure the Board deter- Sec. 527. Rural Utilities Service programs. (2) BOND.—The term ‘‘Bond’’ means a bond, mines is necessary to address the humani- Sec. 528. Rural Energy for America Pro- loan, line of credit, note, or other borrowing tarian crisis in the Commonwealth and re- gram. title, in physical or dematerialized form, of store economic growth; Sec. 529. Construction of ferry boats and which— (5) authorize expenditures and lending ac- ferry terminal facilities. (A) the issuer, borrower, or guarantor is a tivities, including discounting any note or Sec. 530. Corps of Engineers funds. municipality or the Commonwealth; and offering a financial guarantee, by an affirma- Sec. 531. Predisaster hazard mitigation and (B) the date of issuance or incurrence of tive vote of a majority of the members of the resiliency. debt precedes the date of enactment of this Board; Sec. 532. Broadband programs. Act. (6) negotiate with the Commonwealth or a Sec. 533. Housing and community develop- (3) CORPORATION.—The term ‘‘Corporation’’ municipality that has defaulted on a Bond ment. means the Puerto Rico Reconstruction Fi- over budgets, revenues, and appropriations; TITLE VI—EARNED INCOME TAX CREDIT nance Corporation established under section (7) remove a stay under section 205(d); AND TAX EQUALIZATION MEASURES 202. (8) discount Bonds and notes from the Sec. 611. Puerto Rico residents eligible for (4) MUNICIPALITY.—The term ‘‘munici- Commonwealth or a municipality; earned income tax credit. pality’’— (9) may reduce the par value of any such Sec. 612. Equitable treatment for residents (A) includes any political subdivision, pub- Bond; and of Puerto Rico with respect to lic agency, instrumentality or instrumen- (10) protect the public pensions in the Com- the refundable portion of the tality of the Commonwealth; and monwealth as well as ordinary investors and child tax credit. (B) should be broadly construed to effec- pension funds in the United States. TITLE VII—PUERTO RICO tuate the purposes of this title. SEC. 205. DEFAULT BY THE COMMONWEALTH OR A MUNICIPALITY OF THE COMMON- SEC. 202. ESTABLISHMENT AND FUNDING. DETERMINATION ON STATUS WEALTH. Sec. 701. Vote regarding status. There is established a public bank with the (a) WHO MAY FILE AN APPLICATION WITH Sec. 702. Certification and transmittal of re- authority to draw upon the Exchange Sta- THE CORPORATION.—An entity may file an ap- sults. bilization Fund, to be known as the ‘‘Recon- plication with the Corporation under this Sec. 703. Transition process. struction Finance Corporation of Puerto title if and only if such entity— Sec. 704. Rules for elections for Federal of- Rico’’. (1) is a municipality or the Common- fices. SEC. 203. BOARD OF THE CORPORATION. wealth; Sec. 705. Issuance of Presidential proclama- (a) IN GENERAL.—The Corporation shall (2) is specifically authorized, in its capac- tion. have a board consisting of 7 members, in- ity as a municipality or the Commonwealth Sec. 706. State of Puerto Rico. cluding a chairman, of whom all shall— or by name, to file an application with the Sec. 707. Effect on membership of House of (1) reside in Puerto Rico; Corporation under this title by Common- Representatives. (2) have expertise in the economy, culture, wealth law, by the Corporation itself, or by SEC. 2. DEFINITION OF COMMONWEALTH. history, and government of Puerto Rico; and a governmental officer or organization em- In this Act, the term ‘‘Commonwealth’’ (3) represent the interests of labor, agri- powered by Commonwealth law to authorize means the Commonwealth of Puerto Rico. culture, small business, and the environ- such entity to file an application with the ment. Corporation under this title; TITLE I—SENSE OF CONGRESS ON DEBT (b) APPOINTMENT.— (3) desires to and is authorized by Com- HELD BY THE COMMONWEALTH (1) IN GENERAL.—The President shall ap- monwealth law, by the Corporation itself, or SEC. 101. FINDINGS. point the individual members of the Board, by a governmental officer or organization Congress finds that— of whom— empowered by Commonwealth law to make (1) in 2015, a Commission for the Com- (A) 4 members should be selected from a such authorization to restructure its Bond prehensive Audit of Puerto Rico’s Public list submitted by the legislative branch of debts; and Debt was established in Puerto Rico under the Puerto Rican government; (4)(A) has obtained the agreement of credi- Act 97; and (B) 2 members should be selected from a tors holding at least a majority in amount of (2) the Commission for the Comprehensive list submitted by the Governor of Puerto the claims that such entity intends to im- Audit of Puerto Rico’s Public Debt is cur- Rico; and pair under a plan in a case under this title; rently conducting an audit of the debt held (C) 1 member may be selected in the sole (B) has negotiated in good faith with credi- by Puerto Rico. discretion of the President. tors and has failed to obtain the agreement SEC. 102. PURPOSES. (2) ADVICE AND CONSENT.—With respect to of creditors holding at least a majority in The purposes of this Act are— the appointment of a Board member de- amount of the claims of each class that such (1) to ensure that pensions of ordinary in- scribed in subparagraph (A) or (B) of para- entity intends to impair under a plan in a vestors are protected; and graph (1), such an appointment shall be by case under this title; or

VerDate Sep 11 2014 06:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.032 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4671

(C) is unable to negotiate with creditors any claim against the Commonwealth or a (1) IN GENERAL.—Except as provided in because such negotiation is impracticable, as municipality. paragraph (2), the amendment made by this determined by the entity. (2) On motion of a party in interest and title shall apply with respect to— (b) APPLICATION.—The Commonwealth or a after notice and a hearing, the Board may (A) cases commenced under title 11 of the municipality may file with the Corporation grant relief from a stay under paragraph United States Code on or after the date of an application that the Commonwealth or (1)— the enactment of this Act; and municipality that the Commonwealth or mu- (A) for cause, including the lack of ade- (B) debts, claims, and liens created before, nicipality— quate protection of a security interest in on, or after such date. (1) meets the requirements described in property of such party in interest; or (2) EXCEPTION.—No case commenced by a subsection (a); and (B) with respect to a stay of an act against municipality of Puerto Rico under chapter 9 (2) desires to restructure its debt. property under paragraph (1), if— of title 11, United States Code, shall permit— (c) PURCHASE OF BONDS.— (i) the applying entity does not have an eq- (A) the diminishment or impairment of (1) IN GENERAL.—If the Commonwealth or a uity in such property; and any pension benefit, or the funding obliga- municipality files an application under sub- (ii) such property is not necessary for the tions for such a benefit; or section (b) and the Board, by an affirmative Commonwealth or municipality to provide (B) the impairment or rejection of any vote of a majority of the members of the essential services. agreement between a debtor and any labor Board, accepts the application— (3) Thirty days after a request under para- organization. (A) the Corporation shall purchase each graph (4) for relief from the stay of any act SEC. 303. SEVERABILITY. Bond from the holder of the Bond issued by against property of the Commonwealth or a If any provision of this title or any amend- the Commonwealth or municipality at the municipality under paragraph (1), such stay ment made by this title, or the application price paid for the Bond by the holder of the is terminated with respect to the party in in- of such provision or amendment to any per- Bond; and terest making such request, unless the son or circumstance, is held to be unconsti- (B) the par value of each Bond issued by Board, after notice and a hearing, orders tutional, the remainder of this title and the the Commonwealth or municipality shall be such stay continued in effect pending the amendments made by this title, or the appli- reduced to the last price paid for that Bond. conclusion of, or as a result of, a final hear- cation of that provision or amendment to (2) AUTHORITY OF CORPORATION.—The Cor- ing and determination under paragraph (4). A other persons or circumstances, shall not be poration may examine records of sales of affected. Bonds to determine whether the price paid hearing under this subsection may be a pre- by the holder of a Bond is not fraudulent. liminary hearing, or may be consolidated TITLE IV—ADDRESSING HEALTH CARE with the final hearing under paragraph (4). (3) MISREPRESENTATION OF BOND PURCHASE DISPARITIES IN THE COMMONWEALTH The Corporation shall order such stay con- PRICE.—Any person that violates paragraph Subtitle A—Medicaid tinued in effect pending the conclusion of the (1) shall be subject to the penalties under SEC. 411. ELIMINATION OF GENERAL MEDICAID section 10 of the Securities Exchange Act of final hearing under paragraph (4) if there is FUNDING LIMITATIONS (‘‘CAP’’) FOR 1934 (15 U.S.C. 78j) in the same manner and to a reasonable likelihood that the party oppos- PUERTO RICO. the same extent as if the person had violated ing relief from such stay will prevail at the (a) IN GENERAL.—Section 1108 of the Social that section. conclusion of such final hearing. If the hear- Security Act (42 U.S.C. 1308) is amended— (4) BOND INSURERS.—Any insurer of a Bond ing under this subsection is a preliminary (1) in subsection (f), in the matter before issued by the Commonwealth or a munici- hearing, then such final hearing shall be con- paragraph (1), by striking ‘‘subsection (g)’’ pality on which the Commonwealth or mu- cluded not later than 30 days after the con- and inserting ‘‘subsections (g) and (h)’’; nicipality has defaulted shall not be liable to clusion of such preliminary hearing, unless (2) in subsection (g)(2), in the matter before the holder of a Bond for any amount that is the 30-day period is extended with the con- subparagraph (A), by inserting ‘‘and sub- greater than the purchase price of the Bond sent of the parties in interest or for a spe- section (h)’’ after ‘‘paragraphs (3) and (5)’’; if the insurer demonstrates to the satisfac- cific time which the Corporation finds is re- and tion of the Corporation that the solvency of quired by compelling circumstances. (3) by adding at the end the following new the issuer would be affected by the restruc- (4) Upon request of a party in interest, the subsection: turing of the Bond. Corporation, with or without a hearing, shall ‘‘(h) SUNSET OF MEDICAID FUNDING LIMITA- (5) PAYMENTS AS FINAL SETTLEMENT.— grant such relief from the stay provided TIONS FOR PUERTO RICO.—Subsections (f) and Amounts paid by the Corporation for bonds under paragraph (1) as is necessary to pre- (g) shall not apply to Puerto Rico beginning under this subsection shall be in full and vent irreparable damage to the secured in- with fiscal year 2017.’’. final settlement of any and all debts, claims, terest of an entity in property, if such inter- (b) CONFORMING AMENDMENTS.— and liens with respect to such bonds. est will suffer such damage before there is an (1) Section 1903(u) of the Social Security (d) AUTOMATIC STAY.— opportunity for notice and a hearing under Act (42 U.S.C. 1396b(u)) is amended by strik- (1) Except as otherwise provided in this paragraph (2) or (3). ing ‘‘Puerto Rico,’’. section, the filing and acceptance of an ap- (5) No order, judgment, or decree entered (2) Section 1323(c)(1) of the Patient Protec- plication under subsection (b) operates with in violation of this section shall have any tion and Affordable Care Act (42 U.S.C. respect to any claim, debt, or cause of action force or effect. 18043(c)(1)) is amended by striking ‘‘ending related to a Bond as a stay, applicable to all (6) In any hearing under paragraph (2) or with 2019’’ and inserting the following: ‘‘end- entities (as such term is defined in section (3) concerning relief from a stay— ing with— 101 of title 11, United States Code), of— (A) the party requesting such relief has the ‘‘(A) for purposes of payment pursuant to (A) the commencement or continuation, burden of proof on the issue of the applying subsection (a) to Puerto Rico, 2016; and including the issuance or employment of entity’s equity in property; and ‘‘(B) for purposes of payment pursuant to process, of a judicial, administrative, or (B) the party opposing such relief has the subsection (a) to another territory, 2019.’’. other action or proceeding against the Com- burden of proof on all other issues. (c) EFFECTIVE DATE.—The amendments monwealth or a municipality, or to recover a SEC. 206. RULE OF CONSTRUCTION. made by this section shall apply beginning with fiscal year 2017. claim against the Commonwealth or a mu- No application submitted or accepted nicipality; under this title shall be permitted to dimin- SEC. 412. ELIMINATION OF SPECIFIC FEDERAL (B) the enforcement, against the Common- MEDICAL ASSISTANCE PERCENTAGE ish or impair any pension benefit, or the (FMAP) LIMITATION FOR PUERTO wealth or a municipality or against property funding obligations for such a benefit, nor RICO. of the Commonwealth or a municipality, of a shall it permit the impairment or rejection (a) IN GENERAL.—Section 1905 of the Social judgment; of any agreement between a debtor and any Security Act (42 U.S.C. 1396d) is amended— (C) any act to obtain possession of prop- labor organization. (1) in clause (2) of subsection (b), by strik- erty of the Commonwealth or a munici- TITLE III—PUERTO RICO CHAPTER 9 ing ‘‘Puerto Rico,’’; and pality, or of property from the Common- UNIFORMITY (2) in subsection (y)(1), in the matter pre- wealth or a municipality, or to exercise con- SEC. 301. AMENDMENT. ceding subparagraph (A)— trol over property of the Commonwealth or a (A) by inserting ‘‘, for fiscal years before Section 101(52) of title 11, United States municipality; fiscal year 2017,’’ before ‘‘is one of the’’; and Code, is amended to read as follows: (D) any act to create, perfect, or enforce (B) by inserting ‘‘and, for fiscal year 2017 ‘‘(52) The term ‘State’ includes Puerto Rico any lien against property of the Common- and subsequent fiscal years, is one of the 50 and, except for the purpose of defining who wealth or a municipality; States, the District of Columbia, or Puerto may be a debtor under chapter 9 of this title, (E) any act to create, perfect, or enforce Rico,’’ after ‘‘the District of Columbia’’. includes the District of Columbia.’’. against property of the Commonwealth or a (b) EFFECTIVE DATE.—The amendments municipality any lien to the extent that SEC. 302. EFFECTIVE DATE; APPLICATION OF made by this section shall apply beginning such lien secures a claim; AMENDMENT. with fiscal year 2017. (F) any act to collect, assess, or recover a (a) EFFECTIVE DATE.—Except as provided in SEC. 413. APPLICATION OF 100 PERCENT FED- claim against the Commonwealth or a mu- subsection (b), this title and the amendment ERAL POVERTY LINE (FPL) LIMITA- nicipality; and made by this title shall take effect on the TION TO PUERTO RICO. (G) the setoff of any debt owing to the date of the enactment of this Act. (a) IN GENERAL.—Section 1902 of the Social Commonwealth or a municipality against (b) APPLICATION OF AMENDMENT.— Security Act (42 U.S.C. 1396a) is amended—

VerDate Sep 11 2014 06:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.032 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4672 CONGRESSIONAL RECORD — SENATE June 28, 2016 (1) in subsection (a)(10)(A)(i)(VIII), by in- ‘‘(I) the physician is Board certified in ob- 1903(m)(1)(A)), were for services described in serting ‘‘(or, subject to subsection (j), 100 stetrics and gynecology; and subparagraph (A) or (B) of subsection percent in the case of Puerto Rico)’’ after ‘‘(II) with respect to the most recently (jj)(1);’’. ‘‘133 percent’’; and completed calendar year (or in the case of a (b) CONFORMING AMENDMENTS.— (2) in subsection (j)— newly eligible physician, the preceding (1) Section 1905(dd) of the Social Security (A) by inserting ‘‘(1)’’ after ‘‘(j)’’; and month), 60 percent of all services the physi- Act (42 U.S.C. 1396(dd)) is amended— (B) by adding at the end the following new cian billed for under the State plan or a (A) by inserting the following sentence paragraph: waiver under this title, or provided through after the first sentence: ‘‘Notwithstanding ‘‘(2)(A) Subject to subparagraph (B), Fed- a medicaid managed care organization (as subsection (b), with respect to the portion of eral financial participation shall not be defined in section 1903(m)(1)(A)), were for the amounts expended for medical assistance available to Puerto Rico for medical assist- services described in subparagraph (A) or (B) for services described in section 1902(a)(13)(D) ance for an individual whose family income of subsection (jj)(1); furnished in Puerto Rico on or after January exceeds 100 percent of the poverty line (as de- ‘‘(iii) by an advanced practice clinician, as 1, 2017, that is attributable to the amount by fined in section 2110(c)(5)) for a family of the defined by the Secretary, that works under which the minimum payment rate required size involved, except in the case of individ- the supervision of— under such section (or, by application, sec- uals qualifying for medical assistance under ‘‘(I) a physician that satisfies the criteria tion 1932(f)) exceeds the payment rate appli- subsection (a)(10)(A)(i)(IX). specified in clause (i) or (ii); or cable to such services under the State plan ‘‘(B) The Secretary may, under section ‘‘(II) a nurse practitioner or a physician as- as of July 1, 2009, the Federal medical assist- 1115, waive the limitation under subpara- sistant (as such terms are defined in section ance percentage shall be equal to 100 per- graph (A). In carrying out this subparagraph, 1861(aa)(5)(A)) who is working in accordance cent.’’; and the Secretary shall take into account the with State law, or a certified nurse-midwife (B) in the last sentence, by striking ‘‘pre- eligibility levels established under the State (as defined in section 1861(gg)) who is work- ceding sentence does not’’ and inserting plan of Puerto Rico before the date of the en- ing in accordance with State law, but only if ‘‘preceding sentences do not’’. actment of this paragraph.’’. the nurse practitioner, physician assistant, (2) Section 1932(f) of the Social Security (b) NOT APPLYING 5 PERCENT DISREGARD.— or certified nurse-midwife self-attests that, Act (42 U.S.C. 1396u–2(f)) is amended— Section 1902(e)(14)(I) of the Social Security with respect to the most recently completed (A) by striking ‘‘section 1902(a)(13)(C)’’ and Act (42 U.S.C. 1396b(e)(14)(I)) is amended by calendar year (or in the case of a newly eligi- inserting ‘‘subparagraph (C) or (D) of section adding at the end the following: ble nurse practitioner, physician assistant, 1902(a)(13)’’; and ‘‘The previous sentence shall not apply to or certified nurse-midwife, the preceding (B) by striking ‘‘specified in such section’’ Puerto Rico.’’. month), 60 percent of all services the nurse and inserting ‘‘specified in such subpara- (c) EFFECTIVE DATE.—The amendments practitioner, physician assistant, or certified graphs’’. nurse-midwife billed for under the State plan made by this section shall apply with respect Subtitle B—Medicare Provisions to eligibility determinations made with re- or a waiver under this title, or provided SEC. 421. APPLICATION OF PART B DEEMED EN- spect to items and services furnished on or through a medicaid managed care organiza- tion (as defined in section 1903(m)(1)(A)), ROLLMENT PROCESS TO RESIDENTS after October 1, 2016. OF PUERTO RICO; SPECIAL ENROLL- SEC. 414. EXTENSION OF APPLICATION OF MEDI- were for services described in subparagraph MENT PERIOD AND LIMIT ON LATE CARE PAYMENT FLOOR TO PRIMARY (A) or (B) of subsection (jj)(1); ENROLLMENT PENALTIES. CARE SERVICES FURNISHED IN ‘‘(iv) by a rural health clinic, Federally- (a) APPLICATION OF PART B DEEMED EN- PUERTO RICO UNDER MEDICAID qualified health center, or other health clin- ROLLMENT PROCESS TO RESIDENTS OF PUERTO AND APPLICATION TO ADDITIONAL ic that receives reimbursement on a fee RICO.—Section 1837(f)(3) of the Social Secu- PROVIDERS. schedule applicable to a physician, a nurse rity Act (42 U.S.C. 1395p(f)(3)) is amended by (a) IN GENERAL.—Section 1902(a)(13) of the practitioner or a physician assistant (as such striking ‘‘, exclusive of Puerto Rico’’. Social Security Act (42 U.S.C. 1396a(a)(13)) is terms are defined in section 1861(aa)(5)(A)) (b) EFFECTIVE DATE.—The amendment amended— who is working in accordance with State made by subsection (a) shall apply to indi- (1) in subparagraph (B), by striking ‘‘; and’’ law, or a certified nurse-midwife (as defined viduals whose initial enrollment period and inserting a semicolon; in section 1861(gg)) who is working in accord- under section 1837(d) of the Social Security (2) in subparagraph (C), by striking the ance with State law, for services furnished Act begins on or after the first day of the ef- semicolon at the end and inserting ‘‘; and’’; by a physician, nurse practitioner, physician fective month, specified by the Secretary of and assistant, or certified nurse-midwife, or serv- Health and Human Services under section (3) by adding at the end the following new ices furnished by an advanced practice clini- 1839(j)(1)(C) of such Act, as added by sub- subparagraph: cian supervised by a physician described in section (c)(2). ‘‘(D) payment for primary care services (as clause (i)(I) or (ii)(I), another advanced prac- (c) TRANSITION PROVIDING SPECIAL ENROLL- defined in subsection (jj)) at a rate that is tice clinician, or a certified nurse-midwife, MENT PERIOD AND LIMIT ON LATE ENROLL- not less than 100 percent of the payment rate but only if the rural health clinic or Feder- MENT PENALTIES FOR CERTAIN MEDICARE that applies to such services and physician ally-qualified health center self-attests that BENEFICIARIES.—Section 1839 of the Social under part B of title XVIII (or, if greater, the 60 percent of all services billed for under the Security Act (42 U.S.C. 1395r) is amended— payment rate that would be applicable under State plan or a waiver under this title, or (1) in the first sentence of subsection (b), such part if the conversion factor under sec- provided through a medicaid managed care by inserting ‘‘subject to section 1839(j)(2),’’ tion 1848(d) for the year involved were the organization (as defined in section after ‘‘subsection (i)(4) or (l) of section conversion factor under such section for 1903(m)(1)(A)), were for services described in 1837,’’; and 2009), and that is not less than the rate that subparagraph (A) or (B) of subsection (jj)(1); (2) by adding at the end the following new would otherwise apply to such services under or subsection: this title if the rate were determined with- ‘‘(v) by a nurse practitioner or a physician ‘‘(j) SPECIAL RULES FOR CERTAIN RESIDENTS out regard to this subparagraph, and that are assistant (as such terms are defined in sec- OF PUERTO RICO.— furnished in Puerto Rico on or after January tion 1861(aa)(5)(A)) who is working in accord- ‘‘(1) SPECIAL ENROLLMENT PERIOD, COV- 1, 2017— ance with State law, or a certified nurse- ERAGE PERIOD FOR RESIDENTS WHO ARE ELIGI- ‘‘(i) by a physician with a primary spe- midwife (as defined in section 1861(gg)) who BLE BUT NOT ENROLLED.— cialty designation of family medicine, gen- is working in accordance with State law, in ‘‘(A) IN GENERAL.—In the case of a transi- eral internal medicine, or pediatric medi- accordance with procedures that ensure that tion individual (as defined in paragraph (3)) cine, but only if the physician self-attests the portion of the payment for such services who is not enrolled under this part as of the that— that the nurse practitioner, physician assist- day before the first day of the effective ‘‘(I) the physician is Board certified in ant, or certified nurse-midwife is paid is not month (as defined in subparagraph (C)), the family medicine, general internal medicine, less than the amount that the nurse practi- Secretary shall provide for a special enroll- or pediatric medicine; or tioner, physician assistant, or certified ment period under section 1837 of 7 months ‘‘(II) with respect to the most recently nurse-midwife would be paid if the services beginning with such effective month during completed calendar year (or in the case of a were provided under part B of title XVIII, which the individual may be enrolled under newly eligible physician, the preceding but only if the nurse practitioner, physician this part. month), 60 percent of all services the physi- assistant, or certified nurse-midwife self-at- ‘‘(B) COVERAGE PERIOD.—In the case of such cian billed for under the State plan or a tests that, with respect to the most recently an individual who enrolls during such special waiver under this title, or provided through completed calendar year (or in the case of a enrollment period, the coverage period under a medicaid managed care organization (as newly eligible nurse practitioner, physician section 1838 shall begin on the first day of defined in section 1903(m)(1)(A)), were for assistant, or certified nurse-midwife, the the second month after the month in which services described in subparagraph (A) or (B) preceding month), 60 percent of all services the individual enrolls. of subsection (jj)(1); the nurse practitioner, physician assistant, ‘‘(C) EFFECTIVE MONTH DEFINED.—In this ‘‘(ii) by a physician with a primary spe- or certified nurse-midwife billed for under section, the term ‘effective month’ means a cialty designation of obstetrics and gyne- the State plan or a waiver under this title, month, not earlier than October 2017 and not cology, but only if the physician self-attests or provided through a medicaid managed later than January 2018, specified by the Sec- that— care organization (as defined in section retary.

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‘‘(2) REDUCTION IN LATE ENROLLMENT PEN- acting through the Director of the Centers after the date of the enactment of this Act ALTIES FOR CURRENT ENROLLEES AND INDIVID- for Disease Prevention and Control, shall up- and before January 1 of the applicable cal- UALS ENROLLING DURING TRANSITION.— date the National Environmental Public endar year. ‘‘(A) IN GENERAL.—In the case of a transi- Health Tracking Network of the Centers for (b) GRANT AMOUNT.— tion individual who is enrolled under this Disease Control and Prevention to include (1) IN GENERAL.—The amount of the grant Puerto Rico (including Vieques). part as of the day before the first day of the under subsection (a) with respect to any (b) AUTHORIZATION OF APPROPRIATIONS.— effective month or who enrolls under this specified energy property shall be the appli- part on or after the date of the enactment of There is authorized to be appropriated such sums as may be necessary to carry out this cable percentage of the basis of such prop- this subsection but before the end of the spe- erty. cial enrollment period under paragraph section. (2) APPLICABLE PERCENTAGE.—For purposes SEC. 432. STUDY ON ENVIRONMENTAL, BIOLOGI- (1)(A), the amount of the late enrollment of paragraph (1), the term ‘‘applicable per- penalty imposed under section 1839(b) shall CAL, AND HEALTH DATA FROM THE ISLAND OF VIEQUES, PUERTO RICO. centage’’ means— be recalculated by reducing the penalty to 15 (A) 30 percent in the case of any property percent of the penalty otherwise established. (a) IN GENERAL.—Not later than 60 days after the date of enactment of this Act, the described in paragraphs (1) through (4) of ‘‘(B) APPLICATION.—Subparagraph (A) shall subsection (d), and be applied in the case of a transition indi- Secretary of Health and Human Services shall award a grant to an institution of high- (B) 10 percent in the case of any other vidual who— er education in Puerto Rico for the conduct property. ‘‘(i) is enrolled under this part as of the of a 3-year study, in collaboration with the (3) DOLLAR LIMITATIONS.—In the case of month before the effective month, for pre- Puerto Rico Department of Health, on the property described in paragraph (1), (2), (6), miums for months beginning with such effec- environmental, biological, and health of resi- or (7) of subsection (d), the amount of any tive month; or dents of Vieques, Puerto Rico and specifi- grant under this section with respect to such ‘‘(ii) enrolls under this part on or after the cally whether and to what extent past mili- property shall not exceed the limitation de- date of the enactment of this Act and before tary exercises on Vieques have contributed scribed in section 48(a)(5)(E), 48(c)(1)(B), the end of the special enrollment period to health conditions experienced by some 48(c)(2)(B), or 48(c)(3)(B) of the Internal Rev- under paragraph (1)(A), for premiums for residents of Vieques. enue Code of 1986, respectively, with respect months during the coverage period under (b) ELEMENTS.—The study conducted under to such property. this part which occur during or after the ef- subsection (a) shall include— fective month. (c) TIME FOR PAYMENT OF GRANT.—The Sec- (1) a review of the existing literature and ‘‘(C) LOSS OF REDUCTION IF INDIVIDUAL TER- retary of the Treasury shall make payment previous public health assessments; MINATES ENROLLMENT.—Subparagraph (A) of any grant under subsection (a) during the (2) testing of drinking water, air, seafood, shall not apply to a transition individual if 60-day period beginning on the later of— locally grown produce, and soil samples; the individual terminates enrollment under (1) the date of the application for such (3) an analysis of previous biomonitoring this part after the end of the special enroll- grant, or studies in Vieques; ment period under paragraph (1). (2) the date the specified energy property (4) new biomonitoring testing to determine ‘‘(3) TRANSITION INDIVIDUAL DEFINED.—In for which the grant is being made is placed the source of previously unexplained findings this section, the term ‘transition individual’ in service. of metals in residents’ blood, urine, hair, or means an individual who resides in Puerto feces; (d) SPECIFIED ENERGY PROPERTY.—For pur- Rico and who would have been deemed en- (5) biomonitoring control group testing poses of this section, the term ‘‘specified en- rolled under this part pursuant to section from mainland Puerto Rico; and ergy property’’ means any of the following: 1837(f) before the first day of the effective (6) an analysis of the impact of the cumu- (1) QUALIFIED FACILITIES.—Any qualified month but for the fact that the individual lative effects of exposure to multiple con- property (as defined in section 48(a)(5)(D) of was a resident of Puerto Rico, regardless of taminants. the Internal Revenue Code of 1986) which is whether the individual is enrolled under this (c) USE OF FUNDS.—All costs related to bio- part of a qualified facility (within the mean- part as of such first day.’’. monitoring and environmental testing under ing of section 45 of such Code) described in SEC. 422. PUERTO RICO PRACTICE EXPENSE GPCI the study under subsection (a) shall be paid paragraph (1), (2), (3), (4), (6), (7), (9), or (11) IMPROVEMENT. for directly with funds awarded under the of section 45(d) of such Code (determined Section 1848(e)(1) of the Social Security grant under such subsection. Grant funds without regard to any date by which con- Act (42 U.S.C. 1395w–4(e)(1)) is amended— may be used to purchase testing equipment, struction must begin). (1) in subparagraph (A), by striking ‘‘and as needed. (2) QUALIFIED FUEL CELL PROPERTY.—Any (I)’’ and inserting ‘‘(I), and (J)’’; and (d) FINAL REPORT.—The recipient of the qualified fuel cell property (as defined in sec- (2) by adding at the end the following new grant under subsection (a) shall submit to tion 48(c)(1) of such Code, determined with- subparagraph: the Secretary of Health and Human Services, out regard to any termination date). ‘‘(J) FLOOR FOR PRACTICE EXPENSE INDEX a final report under such grant. Not later (3) SOLAR PROPERTY.—Any property de- FOR SERVICES FURNISHED IN PUERTO RICO.— than 30 days after the submission of such re- scribed in clause (i) or (ii) of section ‘‘(i) IN GENERAL.—For purposes of payment port, the Secretary shall make such report 48(a)(3)(A) of such Code (determined without for services furnished in Puerto Rico in a public. regard to any termination date). year (beginning with 2017), after calculating (e) AUTHORIZATION OF APPROPRIATIONS.— (4) QUALIFIED SMALL WIND ENERGY PROP- the practice expense index in subparagraph There is authorized to be appropriated ERTY.—Any qualified small wind energy (A)(i) for Puerto Rico, if such index is below $10,000,000 to carry out this section. property (as defined in section 48(c)(4) of the reference index (as defined in clause (ii)) TITLE V—INFRASTRUCTURE such Code, determined without regard to any for the year, the Secretary shall increase INVESTMENTS termination date). such index for Puerto Rico to equal the value Subtitle A—Energy Infrastructure Incentives (5) GEOTHERMAL PROPERTY.—Any property of the reference index for the year. The pre- described in clause (iii) of section 48(a)(3)(A) ceding sentence shall not be applied in a SEC. 511. GRANT PROGRAM TO PROMOTE OF AC- CESS TO RENEWABLE ENERGY AND of such Code. budget neutral manner. ENERGY EFFICIENCY FOR PUERTO (6) QUALIFIED MICROTURBINE PROPERTY.— ‘‘(ii) REFERENCE INDEX DEFINED.—In this RICO. Any qualified microturbine property (as de- subparagraph, the term ‘reference index’ (a) IN GENERAL.—Upon application, the fined in section 48(c)(2) of such Code, deter- means, with respect to a year, 0.800 or, if Secretary of the Treasury shall, subject to mined without regard to any termination less, the lowest practice expense index value the requirements of this section, provide a date). for the year for any area in the 50 States or grant to each eligible person who places in (7) COMBINED HEAT AND POWER SYSTEM the District of Columbia.’’. service specified energy property in the Com- PROPERTY.—Any combined heat and power SEC. 423. PERMANENT EXTENSION OF INCENTIVE monwealth to reimburse such person for a system property (as defined in section PAYMENTS FOR PRIMARY CARE portion of the expense of such property as 48(c)(3) of such Code, determined without re- SERVICES FURNISHED IN PUERTO provided in subsection (b). No grant shall be gard to subparagraph (A)(iv) thereof). RICO. made under this section with respect to any (8) GEOTHERMAL HEAT PUMP PROPERTY.— Section 1833(x)(1) of the Social Security property unless— Any property described in clause (vii) of sec- Act (42 U.S.C. 1395l(x)(1)) is amended by in- (1) in the case of specified energy property tion 48(a)(3)(A) of such Code (determined serting ‘‘(and in the case of primary care which is described in paragraph (1) of section without regard to any termination date). services furnished on or after January 1, 2017, 45(d) or clause (i) of section 48(a)(3)(A) of the in Puerto Rico)’’ after ‘‘2016’’. Internal Revenue Code of 1986 (determined Such term shall not include any property un- Subtitle C—National Environmental Public without regard to any date by which con- less depreciation (or amortization in lieu of Health Tracking and Studies struction must begin), the construction of depreciation) is allowable (or would be allow- able if section 933 of the Internal Revenue SEC. 431. NATIONAL ENVIRONMENTAL PUBLIC such property begins after the date of the en- HEALTH TRACKING. actment of this Act and before January 1 of Code of 1986 were not taken into account) with respect to such property. (a) IN GENERAL.—Not later than 60 days the applicable calendar year, and after the date of enactment of this Act, the (2) in the case of any other specified energy (e) ELIGIBLE PERSON.—For purposes of this Secretary of Health and Human Services, property, such property is placed in service section, the term ‘‘eligible person’’ means—

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(1) any individual that is a bona fide resi- (i) the product of— (c) GRANT PROGRAM FOR PUERTO RICO.— dent (as defined under section 937 of the In- (I) $1.80, and (1) IN GENERAL.—Upon application, the Sec- ternal Revenue Code of 1986) of the Common- (II) the square footage of the building, over retary of the Treasury shall, subject to the wealth, and (ii) the aggregate amount of all prior requirements of this subsection, provide a (2) any corporation which is organized grants under paragraph (1) with respect to grant to each eligible contractor with re- under the laws of the Commonwealth. the building. spect to each qualified new energy efficient (f) APPLICABLE CALENDAR YEAR.—For pur- (3) TIME FOR PAYMENT OF GRANT.—The Sec- home which is— poses of this section, the term ‘‘applicable retary of the Treasury shall make payment (A) constructed by an eligible contractor, calendar year’’ means the calendar year fol- of any grant under paragraph (1) during the and lowing the first calendar year in which the 60-day period beginning on the later of— (B) acquired by a person from such eligible aggregate amount of grants paid under sub- (A) the date of the application for such contractor for use as a residence. section (a) exceeds $1,200,000,000. grant, or No grant shall be made under this subsection (g) OTHER DEFINITIONS.—Terms used in this (B) the date the energy efficient commer- with respect to any qualified new energy effi- section which are also used in section 45 or cial building property for which the grant is cient home unless such home is acquired by 48 of the Internal Revenue Code of 1986 shall being made is placed in service. another person for use as a residence on or have the same meaning for purposes of this (4) ENERGY EFFICIENT COMMERCIAL BUILDING before the last day of the applicable calendar section as when used in such section 45 or 48. PROPERTY.—For purposes of this subsection, year. Any reference in this section to the Sec- the term ‘‘energy efficient commercial build- (2) AMOUNT OF GRANT.—The amount of the retary of the Treasury shall be treated as in- ing property’’ has the meaning given such grant under paragraph (1) with respect to cluding the Secretary’s delegate. term under section 179D(c) of the Internal any qualified new energy efficient home is (h) APPLICATION OF CERTAIN RULES.—In Revenue Code of 1986, except that— an amount equal to— making grants under this section, the Sec- (A) the determination of whether deprecia- (A) in the case of a dwelling unit described retary of the Treasury shall apply rules simi- tion (or amortization in lieu of depreciation) in paragraph (1) or (2) of section 45L(c) of the lar to the rules of section 50 of the Internal is allowable under such section 179D(c)(1)(A) Internal Revenue Code of 1986, $2,000, and Revenue Code of 1986, except that in applying shall be made without regard to section 933 (B) in the case of a dwelling unit described subsection (b)(1) thereof ‘‘Puerto Rico’’ shall of such Code, and in paragraph (3) of section 45L(c) of the In- be substituted for ‘‘United States’’. In apply- (B) such section 179D(c)(1)(B)(i) shall be ap- ternal Revenue Code of 1986, $1,000. ing such rules, if the property is disposed of, plied by substituting ‘‘Puerto Rico’’ for (3) TIME FOR PAYMENT OF GRANT.—The Sec- or otherwise ceases to be specified energy ‘‘United States’’. retary of the Treasury shall make payment property, the Secretary of the Treasury shall (5) ELIGIBLE PERSON.—For purposes of this of any grant under paragraph (1) during the provide for the recapture of the appropriate subsection, the term ‘‘eligible person’’ 60-day period beginning on the later of— percentage of the grant amount in such man- means— (A) the date of the application for such ner as the Secretary of the Treasury deter- (A) any individual that is a bona fide resi- grant, or mines appropriate. dent (as defined under section 937 of the In- (B) the date the qualified new energy effi- (i) APPROPRIATIONS.—There is hereby ap- ternal Revenue Code of 1986) of Puerto Rico, propriated to the Secretary of the Treasury cient home for which the grant is acquired and by another person for use as a residence. such sums as may be necessary to carry out (B) any corporation which is organized this section. (4) QUALIFIED NEW ENERGY EFFICIENT under the laws of the Commonwealth. HOME.—For purposes of this subsection, the SEC. 512. INCENTIVES FOR ENERGY EFFICIENT (6) APPLICABLE CALENDAR YEAR.—For pur- term ‘‘qualified new energy efficient home’’ COMMERCIAL BUILDINGS. poses of this subsection, the term ‘‘applica- (a) PERMANENT EXTENSION OF ENERGY EFFI- has the meaning given such term under sec- ble calendar year’’ means the calendar year tion 45L(b)(2) of the Internal Revenue Code CIENT COMMERCIAL BUILDINGS DEDUCTION.— following the first calendar year in which Section 179D of the Internal Revenue Code of of 1986, except that— the aggregate amount of grants paid under (A) subparagraph (A) thereof shall be ap- 1986 is amended by striking subsection (h). subsection (a) exceeds $400,000,000. (b) UPDATE OF STANDARD.— plied by substituting ‘‘Puerto Rico’’ for ‘‘the (7) SECRETARY OF THE TREASURY.—Any ref- (1) IN GENERAL.—Section 179D of the Inter- United States’’, and erence in this subsection to the Secretary of nal Revenue Code of 1986 is amended by (B) subparagraph (B) thereof shall be ap- the Treasury shall be treated as including striking ‘‘Standard 90.1-2001’’ each place it plied by substituting ‘‘the date of the enact- the Secretary’s delegate. appears and inserting ‘‘the applicable ment of section 513 of the Puerto Rico Hu- (8) APPLICATION OF SPECIAL RULES.—Rules ASHRAE standard’’. manitarian Relief and Reconstruction Act’’ similar to the rules of subsections (d), (f), (2) APPLICABLE ASHRAE STANDARD.—Section for ‘‘the date of the enactment of this sec- and (g) of section 179D of the Internal Rev- 179D(c)(2) of such Code is amended to read as tion’’. enue Code of 1986 shall apply with respect to follows: (5) APPLICABLE CALENDAR YEAR.—For pur- grants under this subsection. ‘‘(2) APPLICABLE ASHRAE STANDARD.—The poses of this subsection, the term ‘‘applica- (9) APPROPRIATIONS.—There is hereby ap- term ‘applicable ASHRAE standard’ means— ble calendar year’’ means the calendar year propriated to the Secretary of the Treasury ‘‘(A) Standard 90.1–2013 of the American following the first calendar year in which such sums as may be necessary to carry out Society of Heating, Refrigerating, and Air the aggregate amount of grants paid under this subsection. Conditioning Engineers and the Illuminating subsection (a) exceeds $400,000,000. SEC. 513. INCENTIVES FOR NEW ENERGY EFFI- (6) OTHER TERMS.—Terms used in this sub- Engineering Society of North America, or CIENT HOMES. ‘‘(B) in the case of any subsequent stand- section which are also used in section 45L of (a) PERMANENT EXTENSION OF NEW ENERGY the Internal Revenue Code of 1986 shall have ard adopted by the American Society of EFFICIENT HOME CREDIT.—Section 45L of the the same meaning for purposes of this sub- Heating, Refrigerating, and Air Conditioning Internal Revenue Code of 1986 is amended by section as when used in section 45L. Any ref- Engineers which supersedes the standard de- striking subsection (g). erence in this subsection to the Secretary of scribed in subparagraph (A), such subsequent (b) UPDATE OF STANDARD.— the Treasury shall be treated as including standard.’’. (1) IN GENERAL.—Section 45L of the Inter- (3) EFFECTIVE DATE.—The amendments nal Revenue Code of 1986 is amended by the Secretary’s delegate. made by this subsection shall apply to prop- striking ‘‘the standards of chapter 4 of the (7) APPROPRIATIONS.—There is hereby ap- erty placed in service after December 31, 2006 International Energy Conservation propriated to the Secretary of the Treasury 2015. Code, as such Code (including supplements) such sums as may be necessary to carry out (c) GRANT PROGRAM FOR PUERTO RICO.— is in effect on January 1, 2006’’ each place it this subsection. (1) IN GENERAL.—Upon application, the Sec- appears and inserting ‘‘the applicable stand- Subtitle B—Transportation, Housing, and retary of the Treasury shall, subject to the ards’’. Agriculture Infrastructure Incentives requirements of this subsection, provide a (2) APPLICABLE STANDARDS.—Section 45L of SEC. 521. GENERAL PROVISIONS. grant to each eligible person who places in such Code, as amended by subsection (a), is (a) WAIVER OF NON-FEDERAL SHARE.—Not- service energy efficient building property to amended by adding at the end the following withstanding any other provision of law, the reimburse such person for a portion of the new subsection: non-Federal share of the cost of any program expense of such property as provided in para- ‘‘(h) APPLICABLE STANDARDS.—For pur- or activity carried out using funds provided graph (2). No grant shall be made under this poses of this section, the term ‘applicable under this subtitle shall be zero. subsection with respect to any property un- standards’ means, with respect to any dwell- (b) MAINTENANCE OF FUNDING; ADMINISTRA- less such property is placed in service on or ing unit, the standards in effect for residen- TIVE EXPENSES.— before the last day of the applicable calendar tial building energy efficiency under the (1) MAINTENANCE OF FUNDING.—The funding year. International Energy Conservation Code on provided to any program or account under (2) GRANT AMOUNT.—The amount of the the first day of the taxable year in which this subtitle shall supplement (and not sup- grant under paragraph (1) with respect to construction for the dwelling unit com- plant) any funding provided for that program any energy efficient building property shall menced.’’. or account under any other provision of law. be equal to the product of— (3) EFFECTIVE DATE.—The amendments (2) ADMINISTRATIVE EXPENSES.—Notwith- (A) 35 percent, and made by this subsection shall apply to homes standing any other provision of law (includ- (B) the excess of— acquired after December 31, 2015. ing regulations), of any funds provided for a

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BROADBAND PROGRAMS. applicable Federal department or agency (a) WATER AND ENVIRONMENTAL PRO- (a) BROADBAND INITIATIVES PROGRAM.—Out head may use such percentage for adminis- GRAMS.—Out of funds of the Treasury not of funds of the Treasury not otherwise appro- trative expenses as is established by the lim- otherwise appropriated, there is appropriated priated, there is appropriated $30,000,000 for itation for administrative expenses in appli- to the Administrator of the Rural Utilities each of fiscal years 2017 through 2021 for the cable laws (including regulations) relating to Service $50,000,000 for each of fiscal years broadband initiatives program established the program or activity. 2017 through 2021 to provide, for eligible pro- under title VI of the Rural Electrification Act of 1936 (7 U.S.C. 950bb et seq.) to expand SEC. 522. HIGHWAY PROGRAM. grams and activities in the Commonwealth— (1) water or waste disposal grants or direct access to, and the quality of, broadband serv- (a) FUNDING.—Out of funds of the Treasury or guaranteed loans under paragraph (1) or ice across the Commonwealth, with pref- not otherwise appropriated, there is appro- (2) of section 306(a) of the Consolidated Farm erence given to— priated to the Secretary of Transportation and Rural Development Act (7 U.S.C. (1) public or cooperatively owned tele- $450,000,000 for each of fiscal years 2017 1926(a)); communications systems; or through 2026 to carry out the Puerto Rico (2) rural water or wastewater technical as- (2) telecommunications systems that pro- Highway Program under section 165(b) of sistance and training grants under section vide telehealth, distance learning, and public title 23, United States Code. 306(a)(14) of the Consolidated Farm and safety benefits. (b) CONFORMING AMENDMENT.—Section Rural Development Act (7 U.S.C. 1926(a)(14)); (b) BROADBANDUSA PROGRAM.—Out of 165(a)(1) of title 23, United States Code, is (3) emergency community water assistance funds of the Treasury not otherwise appro- amended by striking ‘‘$158,000,000’’ and in- grants under section 306A of the Consoli- priated, there is appropriated $30,000,000 for serting ‘‘$608,000,000’’. dated Farm and Rural Development Act (7 each of fiscal years 2017 through 2021 to the SEC. 523. TIGER DISCRETIONARY GRANTS. U.S.C. 1926a); and National Telecommunications and Informa- (a) DEFINITION OF TIGER DISCRETIONARY (4) solid waste management grants under tion Administration to carry out the GRANT.—In this section, the term ‘‘TIGER section 310B(b) of the Consolidated Farm and BroadbandUSA program in the Common- discretionary grant’’ means a grant awarded Rural Development Act (7 U.S.C. 1932(b)). wealth, with preference given to— and administered by the Secretary of Trans- (b) ELECTRIC PROGRAM.—Out of funds of the (1) public or cooperatively owned tele- portation using funds made available for na- Treasury not otherwise appropriated, there communications systems; or tional infrastructure investments under title is appropriated to the Administrator of the (2) telecommunications systems that pro- I of division L of the Consolidated Appropria- Rural Utilities Service $50,000,000 for each of vide telehealth, distance learning, and public tions Act, 2016 (Public Law 114–113; 129 Stat. fiscal years 2017 through 2021 to provide elec- safety benefits. 2835). tric infrastructure grants for eligible pro- SEC. 533. HOUSING AND COMMUNITY DEVELOP- (b) REQUIREMENT.—Out of funds of the grams and activities in the Commonwealth MENT. Treasury not otherwise appropriated, there under the Rural Electrification Act of 1936 (7 (a) HOME INVESTMENT PARTNERSHIPS PRO- is appropriated to the Secretary of Transpor- U.S.C. 901 et seq.). GRAM.— tation $50,000,000 for each of fiscal years 2017 SEC. 528. RURAL ENERGY FOR AMERICA PRO- (1) ALL PARTICIPATING JURISDICTIONS.—Out through 2021 to award TIGER discretionary GRAM. of funds of the Treasury not otherwise appro- grants for eligible programs and activities in Out of funds of the Treasury not otherwise priated, there is appropriated $17,000,000 for the Commonwealth of Puerto Rico. appropriated, there is appropriated to the each of fiscal years 2017 through 2021 for the HOME Investment Partnerships program au- SEC. 524. PASSENGER AND FREIGHT RAIL IM- Secretary of Agriculture $25,000,000 for each PROVEMENTS. of fiscal years 2017 through 2021 to provide fi- thorized under title II of the Cranston-Gon- zalez National Affordable Housing Act (42 (a) FUNDING.—Out of funds of the Treasury nancial assistance and grants for eligible U.S.C. 12721 et seq.) to be allocated propor- not otherwise appropriated, there is appro- programs and activities in the Common- tionately among participating jurisdictions priated to the Secretary of Transportation wealth under section 9007 of the Farm Secu- in the Commonwealth in accordance with $120,000,000 for each of fiscal years 2017 rity and Rural Investment Act of 2002 (7 the allocation among such jurisdictions for through 2021 for planning and capital costs U.S.C. 8107). the most recent fiscal year. to build, improve, or expand passenger and SEC. 529. CONSTRUCTION OF FERRY BOATS AND (2) CAN˜ O MARTI´N PEN˜ A COMMUNITIES.—Out of freight rail projects in the Commonwealth FERRY TERMINAL FACILITIES. Out of funds of the Treasury not otherwise funds of the Treasury not otherwise appro- under titles 23 and 49, United States Code. appropriated, there is appropriated to the priated, in addition to the amount appro- (b) ELIGIBLE USES.—Of the amounts made Secretary of Transportation $5,000,000 for priated under paragraph (1), there is appro- available for each fiscal year under sub- each of fiscal years 2017 through 2021 for the priated $3,000,000 for each of fiscal years 2017 section (a)— construction of ferry boats and ferry ter- through 2021 for the HOME Investment Part- (1) not more than 15 percent may be used minal facilities in the Commonwealth under nerships program authorized under title II of for temporary operating assistance for such section 147 of title 23, United States Code. the Cranston-Gonzalez National Affordable rail and transit projects as the Secretary of Housing Act (42 U.S.C. 12721 et seq.) to be al- Transportation determines to be eligible; SEC. 530. CORPS OF ENGINEERS FUNDS. located to the HOME Investment Partner- and (a) CONSTRUCTION ACCOUNT.—Out of funds ship Program of the Municipality of San (2) not more than 50 percent may be allo- of the Treasury not otherwise appropriated, Juan for use by the Can˜ o Martı´n Pen˜ a Com- cated to another transportation capital in- there is appropriated to the Construction Ac- munity Land Trust (also known as ‘‘El vestment account funded under this Act, on count of the Corps of Engineers $150,000,000 Fedeicomiso de la Tierra del Can˜ o Martı´n approval of the Secretary of Transportation. for each of fiscal years 2017 through 2021 for authorized navigation, coastal storm and Pen˜ a’’) to create, improve, and rehabilitate SEC. 525. AIRPORT IMPROVEMENT PROGRAM. riverine flood damage reduction, ecosystem affordable housing in the 8 Can˜ o Martı´n Pen˜ a Out of funds of the Treasury not otherwise restoration, and environmental infrastruc- communities, including for the costs of relo- appropriated, there is appropriated to the ture assistance activities in the Common- cating homes from the banks of the channel Secretary of Transportation $40,000,000 for wealth, with priority given to dredging the to other locations in the community. each of fiscal years 2017 through 2021 to Can˜ o Martı´n Pen˜ a. (b) COMMUNITY DEVELOPMENT BLOCK GRANT make grants under the Airport Improvement (b) OPERATIONS AND MAINTENANCE AC- PROGRAM.— Program under subchapter I of chapter 471 of COUNT.—Out of funds of the Treasury not (1) ALL JURISDICTIONS.—Out of funds of the title 49, United States Code, for eligible pro- otherwise appropriated, there is appropriated Treasury not otherwise appropriated, there grams and activities in the Commonwealth. to the Operations and Maintenance Account is appropriated $60,000,000 for each of fiscal SEC. 526. CLEAN AND SAFE WATER REVOLVING of the Corps of Engineers $75,000,000 for each years 2017 through 2021 for the community FUNDS. of fiscal years 2017 through 2021 for eligible development block grant program under Out of funds of the Treasury not otherwise operations and maintenance costs of coastal title I of the Housing and Community Devel- appropriated, there is appropriated to the harbors and channels, and for inland harbors, opment Act of 1974 (42 U.S.C. 5301 et seq.) to Administrator of the Environmental Protec- to improve the movement of goods through be allocated proportionately among entitle- tion Agency for each of fiscal years 2017 marine ports in the Commonwealth. ment communities and nonentitlement com- through 2021— SEC. 531. PREDISASTER HAZARD MITIGATION munities in the Commonwealth in accord- (1) $25,000,000 to make a capitalization AND RESILIENCY. ance with the allocation among such com- grant to the Commonwealth for the purpose Out of funds of the Treasury not otherwise munities for the most recent fiscal year. of establishing and maintaining a water pol- appropriated, there is appropriated to the Di- (2) CAN˜ O MARTI´N PEN˜ A COMMUNITIES.—Out of lution control revolving fund under title VI rector of the Federal Emergency Manage- funds of the Treasury not otherwise appro- of the Federal Water Pollution Control Act ment Agency $50,000,000 for each of fiscal priated, in addition to the amount appro- (33 U.S.C. 1381 et seq.); and years 2017 through 2021 to carry out in the priated under paragraph (1), there is appro- (2) $25,000,000 to make a capitalization Commonwealth minor localized flood reduc- priated $5,000,000 for each of fiscal years 2017 grant to the Commonwealth for the purpose tion projects and major flood risk reduction through 2021 for the community development of establishing and maintaining a drinking projects under the predisaster hazard mitiga- block grant program under title I of the water treatment revolving loan fund under tion program under section 203 of the Robert Housing and Community Development Act of section 1452(a) of the Safe Drinking Water T. Stafford Disaster Relief and Emergency 1974 (42 U.S.C. 5301 et seq.) to be allocated to Act (42 U.S.C. 300j–12(a)). Assistance Act (42 U.S.C. 5133). the Municipality of San Juan for use by the

VerDate Sep 11 2014 06:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.032 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4676 CONGRESSIONAL RECORD — SENATE June 28, 2016 Martin Pen˜ a Canal ENLACE Project Cor- Puerto Rico shall transmit the certified re- graph (1), the 2 Senate offices shall be sepa- poration (also known as ‘‘La Corporacio´ n del sults to the President of the United States, rately identified and designated, and no per- Proyecto ENLACE del Can˜ o Martı´n Pen˜ a’’) the Speaker of the House of Representatives, son may be a candidate for both offices. No for housing, community, and economic de- and the President pro tempore of the Senate. such identification or designation of either velopment in the 8 Can˜ o Martı´n Pen˜ a com- SEC. 703. TRANSITION PROCESS. of the offices shall refer to, or be taken to munities. If a majority of the votes cast in the vote refer to, the terms of such offices, or in any TITLE VI—EARNED INCOME TAX CREDIT conducted pursuant to section 701 are for the way impair the privilege of the Senate to de- AND TAX EQUALIZATION MEASURES admission of Puerto Rico into the United termine the class to which each of the Sen- States as a State, the following shall apply: ators elected shall be assigned. SEC. 611. PUERTO RICO RESIDENTS ELIGIBLE (1) PROCLAMATION.—Within 30 calendar FOR EARNED INCOME TAX CREDIT. (d) ELECTION OF REPRESENTATIVES.— days of receipt of the certified results trans- (a) IN GENERAL.—Section 32 of the Internal (1) IN GENERAL.—Effective on the first day mitted pursuant to section 702, the President Revenue Code of 1986 is amended by adding of the 117th Congress, and until the taking shall issue a proclamation to begin the tran- at the end the following new subsection: effect of the first reapportionment occurring sition process that will culminate in Puerto ‘‘(n) RESIDENTS OF PUERTO RICO.— after the regular decennial census conducted Rico’s admission into the United States as a ‘‘(1) IN GENERAL.—In the case of residents for 2020, Puerto Rico shall be entitled to the of Puerto Rico— State effective by not later than the date number of Representatives to which Puerto that is 4 years after the date on which the ‘‘(A) the United States shall be treated as Rico would have been entitled for the 116th vote under section 701 is certified by the including Puerto Rico for purposes of sub- Congress if Puerto Rico had been a State State Elections Commission of Puerto Rico. sections (c)(1)(A)(ii)(I) and (c)(3)(C), during such Congress, as shown in the state- (2) COMMISSION.— ‘‘(B) subsection (c)(1)(D) shall not apply to ment transmitted by the President to Con- (A) ESTABLISHMENT.—Within 90 calendar nonresident alien individuals who are resi- gress under paragraph (2). days of receipt of the certified results trans- dents of Puerto Rico, and (2) DETERMINATION OF INITIAL NUMBER.— mitted pursuant to section 702, the President ‘‘(C) adjusted gross income and gross in- (A) DETERMINATION.—Not later than July 1, shall appoint a commission, to be known as come shall be computed without regard to 2019, the President shall submit to Congress the ‘‘Commission on the Equal Application section 933 for purposes of subsections a statement of the number of Representa- of Federal Law to Puerto Rico’’ (referred to (a)(2)(B) and (c)(2)(A)(i). tives to which Puerto Rico would have been in this paragraph as the ‘‘Commission’’). ‘‘(2) LIMITATION.—The credit allowed under entitled for the 116th Congress if Puerto Rico (B) PURPOSE.—The Commission shall sur- this section by reason of this subsection for had been a State during such Congress, in vey the laws of the United States and make any taxable year shall not exceed the the same manner as provided under section recommendations to Congress as to how laws amount, determined under regulations or 22(a) of the Act of June 28, 1929 (2 U.S.C. that do not apply to the territory or apply other guidance promulgated by the Sec- 2a(a)). differently to the territory than to the sev- retary, that a similarly situated taxpayer (B) SUBMISSION OF NUMBER BY CLERK.—Not eral States should be amended or repealed to would receive if residing in a State.’’. later than 15 calendar days after receiving treat Puerto Rico equally with the several (b) CHILD TAX CREDIT NOT REDUCED.—Sub- the statement of the President under sub- clause (II) of section 24(d)(1)(B)(ii) of such States as of the date of the admission of paragraph (A), the Clerk of the House of Rep- Code is amended by inserting before the pe- Puerto Rico into the United States as a resentatives, in accordance with section 22(b) riod ‘‘(determined without regard to section State. of such Act (2 U.S.C. 2a(b)), shall transmit to 32(n) in the case of residents of Puerto (C) MEMBERSHIP.—The Commission shall the Governor of Puerto Rico and the Speaker Rico)’’. consist of 5 persons, at least 2 of whom shall of the House of Representatives a certificate (c) EFFECTIVE DATE.—The amendments be residents of Puerto Rico. of the number of Representatives to which made by this section shall apply to taxable (D) REPORT.—The Commission shall issue a Puerto Rico is entitled during the period de- years beginning after December 31, 2015. final report to the President of the United scribed in paragraph (1). States, the Speaker of the House of Rep- SEC. 612. EQUITABLE TREATMENT FOR RESI- (3) TERMINATION OF OFFICE OF RESIDENT DENTS OF PUERTO RICO WITH RE- resentatives, and the President pro tempore COMMISSIONER.—Effective on the date on SPECT TO THE REFUNDABLE POR- of the Senate by July 1, 2018. which a Representative from Puerto Rico TION OF THE CHILD TAX CREDIT. (E) TERMINATION.—Upon issuing the final first takes office in accordance with this sub- (a) IN GENERAL.—Section 24(d)(1) of the In- report under subparagraph (D), the Commis- section, the Office of the Resident Commis- ternal Revenue Code of 1986 is amended by sion shall terminate. sioner to the United States, as described in inserting ‘‘or section 933’’ after ‘‘section (F) FEDERAL ADVISORY COMMITTEE ACT.— section 36 of the Act of March 2, 1917 (48 112’’. The Federal Advisory Committee Act (5 U.S.C. 891 et seq.), is terminated. (b) EFFECTIVE DATE.—The amendment U.S.C. App.), other than section 14, shall (e) ADMINISTRATION OF PRIMARY ELEC- made by subsection (a) shall apply to taxable apply to the Commission. TIONS.—Puerto Rico may hold primary elec- years beginning after December 31, 2015. SEC. 704. RULES FOR ELECTIONS FOR FEDERAL tions for the offices described in this section TITLE VII—PUERTO RICO OFFICES. at such time and in such manner as Puerto DETERMINATION ON STATUS (a) PREPARATION FOR ELECTIONS.—If a ma- Rico may provide, so long as such elections jority of the votes cast in the vote conducted SEC. 701. VOTE REGARDING STATUS. are held in the manner required by the laws pursuant to section 701 are for the admission applicable to elections for Federal office. (a) VOTE.— of Puerto Rico into the United States as a (1) IN GENERAL.—Not later than January 31, SEC. 705. ISSUANCE OF PRESIDENTIAL PROCLA- State, not later than January 1, 2020, Puerto MATION. 2018, the State Elections Commission of Rico shall carry out such actions as may be Following the transition process set forth Puerto Rico shall provide for a binding vote necessary to enable Puerto Rico to hold elec- in section 703, if applicable, the President or series of votes as described in paragraph tions for Federal office in November 2020 in shall issue a proclamation declaring that (2), in accordance with rules and regulations accordance with this section. Puerto Rico is admitted into the United determined by the Commission, including (b) PRESIDENTIAL ELECTION.—With respect qualifications for voter eligibility. to the election for the office of President and States on an equal footing with the other (2) REGULATIONS.—Not later than 90 days Vice President held in November 2020— States, effective on the date that is 4 years after the date of enactment of this Act, the (1) Puerto Rico shall be considered a State after the date on which the vote under sec- State Elections Commission of Puerto Rico for purposes of chapter 21 of title 3, United tion 701 is certified by the State Elections shall promulgate regulations governing the States Code; Commission of Puerto Rico. Upon issuance of provision by the State Elections Commission (2) the electors of Puerto Rico shall be con- the proclamation by the President, Puerto of a binding vote, or series of binding votes, sidered electors of a State for purposes of Rico shall be deemed admitted into the regarding whether Puerto Rico should— such chapter; and United States as a State. (A) be admitted as a State of the United (3) for purposes of section 3 of such title, SEC. 706. STATE OF PUERTO RICO. States; the number of electors from Puerto Rico Upon the admission of Puerto Rico into (B) become a sovereign nation; or shall be equal to the number of Senators and the United States as a State, the following (C) continue the status quo as a common- Representatives to which Puerto Rico is en- shall apply: wealth territory of the United States and titled during the 117th Congress, as deter- (1) STATE CONSTITUTION.—The Constitution simply reform the government of the Com- mined in accordance with subsections (c) and of the Commonwealth of Puerto Rico shall monwealth. (d). be accepted as the Constitution of the State. (b) FUNDS FOR VOTE.—The funds made (c) ELECTION OF SENATORS.— (2) TERRITORY.—The State shall consist of available pursuant to Public Law 113–76 (128 (1) ELECTION OF 2 SENATORS.—The regularly all of the territory, together with the waters Stat. 5) may be used to conduct the vote scheduled general elections for Federal office included in the seaward boundary, of the under this section. held in Puerto Rico during November 2020 Commonwealth of Puerto Rico. SEC. 702. CERTIFICATION AND TRANSMITTAL OF shall include the election of 2 Senators, each (3) CONTINUITY OF GOVERNMENT.—The per- RESULTS. of whom shall first take office on the first sons holding legislative, executive, and judi- Not later than 10 days after the certifi- day of the 117th Congress. cial offices of the Commonwealth of Puerto cation of the vote by the State Elections (2) SPECIAL RULE.—In the election of Sen- Rico shall continue to discharge the duties Commission of Puerto Rico, the Governor of ators from Puerto Rico pursuant to para- of their respective offices.

VerDate Sep 11 2014 06:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.032 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE June 28, 2016 CONGRESSIONAL RECORD — SENATE S4677 (4) CONTINUITY OF LAWS.— SEC. 414. BENEFIT SUSPENSIONS FOR MULTIEM- SA 4919. Mr. LEE submitted an (A) TERRITORY LAW.—All of the territory PLOYER PLANS IN CRITICAL AND amendment intended to be proposed by DECLINING STATUS. laws in force in Puerto Rico shall continue him to the bill S. 2328, to reauthorize (a) ERISA AMENDMENTS.—Section in force and effect in the State, except as and amend the National Sea Grant Col- modified by this Act, and shall be subject to 305(e)(9)(H) of the Employee Retirement In- repeal or amendment by the Legislature and come Security Act of 1974 (29 U.S.C. lege Program Act, and for other pur- the Governor of Puerto Rico. 1085(e)(9)(H)) is amended— poses; which was ordered to lie on the (B) FEDERAL LAW.—All of the laws of the (1) in clause (ii)— table; as follows: United States shall have the same force and (A) by striking ‘‘Except as provided in At the appropriate place, insert the fol- effect as on the date immediately prior to clause (v), the’’ and inserting ‘‘The’’; and lowing: the date of admission of Puerto Rico into the (B) by striking ‘‘a majority of all partici- SEC. ll. EXEMPTION FROM THE COASTWISE United States as a State, except for any pro- pants and beneficiaries of the plan’’ and in- LAWS FOR PUERTO RICO. vision of law that treats Puerto Rico and its serting ‘‘, of the participants and bene- Section 55101(b) of title 46, United States residents differently than the States of the ficiaries of the plan who cast a vote, a major- Code, is amended— United States and their residents, which ity’’; (1) in paragraph (2), by striking ‘‘or’’ at the shall be amended as of the date of admission (2) by striking clause (v); end; to treat the State of Puerto Rico and its (3) by redesignating clause (vi) as clause (2) in paragraph (3), by striking the period residents equally with the other States of (v); and at the end and inserting a semicolon and the United States and their residents. (4) in clause (v), as so redesignated— ‘‘or’’; and (A) by striking ‘‘(or following a determina- (3) by adding at the end the following: SEC. 707. EFFECT ON MEMBERSHIP OF HOUSE OF tion under clause (v) that the plan is a sys- ‘‘(4) Puerto Rico.’’. REPRESENTATIVES. temically important plan)’’; and (a) TEMPORARY INCREASE DURING INITIAL (B) by striking ‘‘(or, in the case of a sus- SA 4920. Mr. LEE submitted an PERIOD.— pension that goes into effect under clause amendment intended to be proposed by (1) TEMPORARY INCREASE.—Upon the admis- (v), at a time sufficient to allow the imple- him to the bill S. 2328, to reauthorize sion of Puerto Rico into the United States as mentation of the suspension prior to the end and amend the National Sea Grant Col- a State, during the period described in para- of the 90-day period described in clause lege Program Act, and for other pur- graph (1) of section 704(d)— (v)(I))’’. poses; which was ordered to lie on the (b) IRC AMENDMENTS.—Section 432(e)(9)(H) (A) the membership of the House of Rep- table; as follows: resentatives shall be increased by the num- of the Internal Revenue Code of 1986 is At the end of title IV, add the following: ber of Members to which Puerto Rico is enti- amended— tled during such period; and (1) in clause (ii)— SEC. 414. EXEMPTING PUERTO RICO FROM FED- (A) by striking ‘‘Except as provided in ERAL PREVAILING WAGE REQUIRE- (B) each such Representative shall be in MENTS. clause (v), the’’ and inserting ‘‘The’’; and addition to the membership of the House of Notwithstanding any other provision of (B) by striking ‘‘a majority of all partici- Representatives as prescribed by law on the law, Puerto Rico shall be exempt from any pants and beneficiaries of the plan’’ and in- date of enactment of this Act. requirements regarding the payment of a serting ‘‘, of the participants and bene- (2) NO EFFECT ON EXISTING APPORTION- prevailing wage under— ficiaries of the plan who cast a vote, a major- MENT.—The temporary increase in the mem- (1) any of the Acts related to subchapter IV ity’’; bership of the House of Representatives pro- of chapter 31 of title 40, United States Code, (2) by striking clause (v); vided under paragraph (1) shall not, during as listed in appendix A to part 1 of subtitle (3) by redesignating clause (vi) as clause the period described in paragraph (1) of sec- A of title 29 of the Code of Federal Regula- (v); and tion 704(d)— tions (as in effect on the date of enactment (4) in clause (v), as so redesignated— (A) operate to either increase or decrease of this Act); (A) by striking ‘‘(or following a determina- the permanent membership of the House of (2) chapter 67 of title 41, United States tion under clause (v) that the plan is a sys- Representatives as prescribed in the Act of Code; or temically important plan)’’; and August 8, 1911 (2 U.S.C. 2); or (3) any other requirement under Federal (B) by striking ‘‘(or, in the case of a sus- (B) affect the basis of reapportionment es- law regarding paying workers the prevailing pension that goes into effect under clause tablished by section 22 of the Act of June 28, wage of a locality. 1929 (2 U.S.C. 2a), for the 82nd Congress and (v), at a time sufficient to allow the imple- each Congress thereafter. mentation of the suspension prior to the end SA 4921. Mr. LEE submitted an of the 90-day period described in clause (b) PERMANENT INCREASE EFFECTIVE WITH amendment intended to be proposed by (v)(I))’’. NEXT REAPPORTIONMENT.— him to the bill S. 2328, to reauthorize (c) EFFECTIVE DATE.—The amendments (1) IN GENERAL.—Upon the admission of made by subsections (a) and (b) shall apply and amend the National Sea Grant Col- Puerto Rico into the United States as a to any vote on the suspension of benefits lege Program Act, and for other pur- State, effective with respect to the 118th under section 305(e)(9)(H) of the Employee poses; which was ordered to lie on the Congress and each succeeding Congress, the Retirement Income Security Act of 1974 (29 table; as follows: House of Representatives shall be composed U.S.C. 1085(e)(9)(H)) and section 432(e)(9)(H) In section 101(b), strike paragraph (1) and of a number of Members equal to the sum of of the Internal Revenue Code of 1986 that oc- insert the following: 435 plus the number by which the member- curs after the date of enactment of this Act. (1) IN GENERAL.—Except as provided in ship of the House was increased under sub- paragraph (2), Congress, acting on behalf of a section (a). SA 4918. Mr. LEE submitted an territory, may establish a Financial Over- (2) REAPPORTIONMENT OF MEMBERS RESULT- sight and Management Board for the covered ING FROM INCREASE.— amendment intended to be proposed by territory, in accordance with this section. (A) IN GENERAL.—Section 22(a) of the Act of him to the bill S. 2328, to reauthorize June 28, 1929 (2 U.S.C. 2a(a)), is amended by and amend the National Sea Grant Col- SA 4922. Mr. LEE submitted an striking ‘‘the then existing number of Rep- lege Program Act, and for other pur- amendment intended to be proposed by resentatives’’ and inserting ‘‘the number of poses; which was ordered to lie on the him to the bill S. 2328, to reauthorize Representatives established with respect to table; as follows: the 118th Congress’’. and amend the National Sea Grant Col- Between sections 403 and 404, insert the fol- (B) EFFECTIVE DATE.—The amendment lege Program Act, and for other pur- made by subparagraph (A) shall apply with lowing: poses; which was ordered to lie on the respect to the regular decennial census con- SEC. 403A. EXEMPTING PUERTO RICO FROM THE table; as follows: FEDERAL MINIMUM WAGE. ducted for 2020 and each subsequent regular In section 405(a)(1), insert ‘‘, including a decennial census. The Fair Labor Standards Act of 1938 (29 pension or a pension plan,’’ before ‘‘wheth- U.S.C. 201 et seq.) is amended— er’’. (1) in section 6(a)(2) (29 U.S.C. 206(a)(2)), by SA 4917. Mr. PORTMAN (for himself striking ‘‘Puerto Rico or’’ each place it ap- SA 4923. Mr. LEE submitted an and Mr. BURR) submitted an amend- pears; and amendment intended to be proposed by ment intended to be proposed by him (2) in section 13 (29 U.S.C. 213)— him to the bill S. 2328, to reauthorize (A) in subsection (f), by inserting ‘‘(except to the bill S. 2328, to reauthorize and as provided under subsection (k))’’ after and amend the National Sea Grant Col- amend the National Sea Grant College ‘‘Puerto Rico’’; and lege Program Act, and for other pur- Program Act, and for other purposes; (B) by adding at the end the following: poses; which was ordered to lie on the which was ordered to lie on the table; ‘‘(k) The provisions of section 6 shall not table; as follows: as follows: apply with respect to any employee whose On page 98, line 7, strike ‘‘UPON ENACT- services during the workweek are performed MENT’’ and insert ‘‘AFTER OPPORTUNITY FOR At the end of title IV, insert the following: in a workplace within Puerto Rico.’’. CONFIRMATION OF THE BOARD’’.

VerDate Sep 11 2014 06:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.032 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4678 CONGRESSIONAL RECORD — SENATE June 28, 2016 On page 98, line 22, strike ‘‘date of enact- (1) in clause (ii)— Strike all after the enacting clause and in- ment of this Act’’ and insert ‘‘date described (A) by striking ‘‘Except as provided in sert the following: in subsection (p)’’. clause (v), the’’ and inserting ‘‘The’’; and SECTION 1. SHORT TITLE. On page 99, line 14, strike ‘‘(i.e., the enact- (B) by striking ‘‘a majority of all partici- This Act may be cited as the ‘‘Foreign Aid ment of this Act)’’ and insert ‘‘on the date pants and beneficiaries of the plan’’ and in- Transparency and Accountability Act of described in subsection (p)’’. serting ‘‘, of the participants and bene- 2016’’. On page 99, lines 22 and 23, strike ‘‘the en- ficiaries of the plan who cast a vote, a major- SEC. 2. DEFINITIONS. actment of this Act,’’ and insert ‘‘the date ity’’; In this Act: described in subsection (p),’’. (2) by striking clause (v); (1) APPROPRIATE CONGRESSIONAL COMMIT- On page 99, lines 24 and 25, strike ‘‘the en- (3) by redesignating clause (vi) as clause TEES.—The term ‘‘appropriate congressional actment of this Act’’ and insert ‘‘the date de- (v); and committees’’ means— scribed in subsection (p)’’. (4) in clause (v), as so redesignated— (A) the Committee on Foreign Relations of On page 100, lines 3 and 4, strike ‘‘the en- (A) by striking ‘‘(or following a determina- the Senate; actment of this Act’’ and insert ‘‘the date de- tion under clause (v) that the plan is a sys- (B) the Committee on Appropriations of scribed in subsection (p)’’. temically important plan)’’; and the Senate; On page 101, lines 22 and 23, strike ‘‘as es- (B) by striking ‘‘(or, in the case of a sus- (C) the Committee on Foreign Affairs of tablished by section 101(b)’’ and insert ‘‘as pension that goes into effect under clause the House of Representatives; and determined by the date described in sub- (v), at a time sufficient to allow the imple- (D) the Committee on Appropriations of section (p)’’. mentation of the suspension prior to the end the House of Representatives. On page 106, line 25, strike ‘‘prior to the en- of the 90-day period described in clause (2) EVALUATION.—The term ‘‘evaluation’’ actment of this Act’’ and insert ‘‘prior to the (v)(I))’’. means, with respect to a covered United date described in subsection (p)’’. (b) IRC AMENDMENTS.—Section 432(e)(9)(H) States foreign assistance program, the sys- On page 108, line 1, strike ‘‘the enactment of the Internal Revenue Code of 1986 is tematic collection and analysis of informa- of this Act’’ and insert ‘‘the date described in amended— tion about the characteristics and outcomes subsection (p)’’. (1) in clause (ii)— of the program, including projects conducted Beginning on page 109, strike line 1 and all (A) by striking ‘‘Except as provided in under such program, as a basis for— that follows through line 3 on page 110. clause (v), the’’ and inserting ‘‘The’’; and (A) making judgments and evaluations re- On page 111, between lines 10 and 11, insert (B) by striking ‘‘a majority of all partici- garding the program; the following: pants and beneficiaries of the plan’’ and in- (B) improving program effectiveness; and (p) DATE UPON WHICH AUTOMATIC STAY serting ‘‘, of the participants and bene- (C) informing decisions about current and TAKES EFFECT.—The date described in this ficiaries of the plan who cast a vote, a major- future programming. subsection shall be the earlier of— ity’’; (3) COVERED UNITED STATES FOREIGN ASSIST- (1) the date by which all members of the (2) by striking clause (v); ANCE.—The term ‘‘covered United States for- Oversight Board for Puerto Rico that are (3) by redesignating clause (vi) as clause eign assistance’’ means assistance author- subject to confirmation by the Senate have (v); and ized under— been confirmed; or (4) in clause (v), as so redesignated— (A) part I of the Foreign Assistance Act of (2) September 15, 2016. (A) by striking ‘‘(or following a determina- 1961 (22 U.S.C. 2151 et seq.), except for— tion under clause (v) that the plan is a sys- (i) title IV of chapter 2 of such part (relat- SA 4924. Mr. CASSIDY submitted an temically important plan)’’; and ing to the Overseas Private Investment Cor- amendment intended to be proposed by (B) by striking ‘‘(or, in the case of a sus- poration); and him to the bill S. 2328, to reauthorize pension that goes into effect under clause (ii) chapter 3 of such part (relating to and amend the National Sea Grant Col- (v), at a time sufficient to allow the imple- International Organizations and Programs); lege Program Act, and for other pur- mentation of the suspension prior to the end (B) chapter 4 of part II of the Foreign As- of the 90-day period described in clause sistance Act of 1961 (22 U.S.C. 2346 et seq.; re- poses; which was ordered to lie on the (v)(I))’’. lating to Economic Support Fund); table; as follows: (c) EFFECTIVE DATE.—The amendments (C) the Millennium Challenge Act of 2003 Strike section 302 and insert the following: made by subsections (a) and (b) shall apply (22 U.S.C. 7701 et seq.); and SEC. 302. WHO MAY BE A DEBTOR. to any vote on the suspension of benefits (D) the Food for Peace Act (7 U.S.C. 1721 et An entity may be a debtor under this title under section 305(e)(9)(H) of the Employee seq.). if— Retirement Income Security Act of 1974 (29 SEC. 3. GUIDELINES FOR COVERED UNITED (1) the entity is— U.S.C. 1085(e)(9)(H)) and section 432(e)(9)(H) STATES FOREIGN ASSISTANCE PRO- (A) a territory that has requested the es- of the Internal Revenue Code of 1986 that oc- GRAMS. tablishment of an Oversight Board or has curs after the date of enactment of this Act. (a) PURPOSES.—The purposes of this section are to— had an Oversight Board established for it by SA 4926. Mr. MCCONNELL submitted (1) evaluate the performance of covered the United States Congress in accordance an amendment intended to be proposed United States foreign assistance and its con- with section 101 of this Act; or tribution to the policies, strategies, projects, (B) a covered territorial instrumentality of by him to the bill S. 2328, to reauthor- program goals, and priorities undertaken by a territory described in paragraph (1)(A); ize and amend the National Sea Grant the Federal Government; (2) the Oversight Board has issued a certifi- College Program Act, and for other (2) support and promote innovative pro- cation under section 206(b) of this Act for purposes; which was ordered to lie on grams to improve effectiveness; and such entity; the table; as follows: (3) coordinate the monitoring and evalua- (3) the entity desires to effect a plan to ad- In lieu of the matter proposed, insert the tion processes of Federal departments and just its debts; and following: agencies that administer covered United (4) the entity is insolvent, as determined EXEMPTING PUERTO RICO FROM THE FEDERAL States foreign assistance. before giving effect to any voluntarily or in- MINIMUM WAGE. (b) ESTABLISHMENT OF GUIDELINES.—Not voluntarily created acceleration of debt or The Fair Labor Standards Act of 1938 (29 later than 18 months after the date of the en- any clawback of revenues transferred from U.S.C. 201 et seq.) is amended— actment of this Act, the President shall set or allocated to that entity by the central (1) in section 6(a)(2) (29 U.S.C. 206(a)(2)), forth guidelines, according to best practices government of the Territory. by striking ‘‘Puerto Rico or’’ each place it of monitoring and evaluation studies and appears; and analyses, for the establishment of measur- SA 4925. Mr. PORTMAN (for himself (2) in section 13 (29 U.S.C. 213)— able goals, performance metrics, and moni- (A) in subsection (f), by inserting ‘‘(ex- and Mr. BURR) submitted an amend- toring and evaluation plans that can be ap- cept as provided under subsection (k))’’ after ment intended to be proposed by him plied with reasonable consistency to covered ‘‘PuertoRico’’; and United States foreign assistance. to the bill S. 2328, to reauthorize and (B) by adding at the end the following: (c) OBJECTIVES OF GUIDELINES.— amend the National Sea Grant College ‘‘(k) The provisions of section 6 shall not (1) IN GENERAL.—The guidelines established Program Act, and for other purposes; apply with respect to any employee whose pursuant to subsection (b) shall provide di- which was ordered to lie on the table; services during the workweek are performed in a workplace within Puerto Rico.’’. rection to Federal departments and agencies as follows: that administer covered United States for- At the end, insert the following: SA 4927. Mr. RUBIO (for himself and eign assistance on— SEC. lll. BENEFIT SUSPENSIONS FOR MULTI- Mr. CARDIN) proposed an amendment to (A) monitoring the use of resources; EMPLOYER PLANS IN CRITICAL AND the bill H.R. 3766, to direct the Presi- (B) evaluating the outcomes and impacts DECLINING STATUS. of covered United States foreign assistance (a) ERISA AMENDMENTS.—Section dent to establish guidelines for covered projects and programs; and 305(e)(9)(H) of the Employee Retirement In- United States foreign assistance pro- (C) applying the findings and conclusions come Security Act of 1974 (29 U.S.C. grams, and for other purposes; as fol- of such evaluations to proposed project and 1085(e)(9)(H)) is amended— lows: program design.

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(2) OBJECTIVES.—The guidelines established (d) PRESIDENT’S REPORT.—Not later than 18 the covered United States foreign assistance pursuant to subsection (b) shall provide di- months after the date of the enactment of programs carried out by such department or rection to Federal departments and agencies this Act, the President shall submit a report agency. that administer covered United States for- to the appropriate congressional committees (3) REPORT IN LIEU OF INCLUSION.— eign assistance on how to— that contains a detailed description of the (A) HEALTH OR SECURITY OF IMPLEMENTING (A) establish annual monitoring and eval- guidelines established pursuant to sub- PARTNERS.—If the head of a Federal depart- uation objectives and timetables to plan and section (b). The report shall be submitted in ment or agency, in consultation with the manage the process of monitoring, evalu- unclassified form, but it may contain a clas- Secretary of State, makes a determination ating, analyzing progress, and applying sified annex. that the inclusion of a required item of infor- learning toward achieving results; (e) COMPTROLLER GENERAL’S REPORT.—The mation online would jeopardize the health or (B) develop specific project monitoring and Comptroller General of the United States security of an implementing partner or pro- evaluation plans, including measurable goals shall, not later than 18 months after the re- gram beneficiary or would require the re- and performance metrics, and to identify the port required by subsection (d) is submitted lease of proprietary information of an imple- resources necessary to conduct such evalua- to Congress, submit to the appropriate con- menting partner or program beneficiary, the tions, which should be covered by program gressional committees a report that— head of the Federal department or agency costs; (1) analyzes the guidelines established pur- shall provide such determination in writing (C) apply rigorous monitoring and evalua- suant to subsection (b); and to the appropriate congressional commit- tion methodologies to such programs, includ- (2) assesses the implementation of the tees, including the basis for such determina- ing through the use of impact evaluations, guidelines by the agencies, bureaus, and of- tion. ex-post evaluations, or other methods, as ap- fices that implement covered United States (B) NATIONAL INTERESTS OF THE UNITED propriate, that clearly define program logic, foreign assistance as outlined in the Presi- STATES.—If the Secretary of State makes a inputs, outputs, intermediate outcomes, and dent’s budget request. determination that the inclusion of a re- end outcomes; SEC. 4. INFORMATION ON COVERED UNITED quired item of information online would be (D) disseminate guidelines for the develop- STATES FOREIGN ASSISTANCE PRO- detrimental to the national interests of the ment and implementation of monitoring and GRAMS. United States, the Secretary of State shall evaluation programs to all personnel, espe- (a) PUBLICATION OF INFORMATION.— provide such determination, including the cially in the field, who are responsible for (1) UPDATE OF EXISTING WEBSITE.—Not later basis for such determination, in writing to the design, implementation, and manage- than 90 days after the date of the enactment the appropriate congressional committees. ment of covered United States foreign assist- of this Act, the Secretary of State shall up- (C) FORM.—Information provided under ance programs; date the Department of State’s website, this paragraph may be provided in classified (E) establish methodologies for the collec- ‘‘ForeignAssistance.gov’’, to make publicly form, as appropriate. tion of data, including baseline data to serve available comprehensive, timely, and com- (4) FAILURE TO COMPLY.—If a Federal de- as a reference point against which progress parable information on covered United partment or agency fails to comply with the can be measured; States foreign assistance programs, includ- requirements under paragraph (1), (2), or (3) (F) evaluate, at least once in their life- ing all information required under sub- of subsection (a), or subsection (c), with re- time, all programs whose dollar value equals section (b) that is available to the Secretary spect to providing information described in or exceeds the median program size for the of State. subsection (a), and the information is not relevant office or bureau or an equivalent (2) INFORMATION SHARING.—Not later than 2 subject to a determination under subpara- calculation to ensure the majority of pro- years after the date of the enactment of this graph (A) or (B) of paragraph (3) not to make gram resources are evaluated; Act, and quarterly thereafter, the head of the information publicly available, the Di- (G) conduct impact evaluations on all pilot each Federal department or agency that ad- rector of the Office of Management and programs before replicating, or conduct per- ministers covered United States foreign as- Budget, in consultation with the head of formance evaluations and provide a justifica- sistance shall provide the Secretary of State such department or agency, not later than tion for not conducting an impact evaluation with comprehensive information about the one year after the date of the enactment of when such an evaluation is deemed inappro- covered United States foreign assistance pro- this Act, shall submit a consolidated report priate or impracticable; grams carried out by such department or to the appropriate congressional committees (H) develop a clearinghouse capacity for agency. that includes, with respect to each required the collection, dissemination, and preserva- (3) UPDATES TO WEBSITE.—Not later than 2 item of information not made publicly avail- tion of knowledge and lessons learned to years after the date of the enactment of this able— guide future programs for United States for- Act, and quarterly thereafter, the Secretary (A) a detailed explanation of the reason for eign assistance personnel, implementing of State shall publish, on the not making such information publicly avail- partners, the donor community, and aid re- ‘‘ForeignAssistance.gov’’ website or through able; and cipient governments; a successor online publication, the informa- (B) a description of the department’s or (I) internally distribute evaluation reports; tion provided under subsection (b). agency’s plan and timeline for— (J) publicly report each evaluation, includ- (b) MATTERS TO BE INCLUDED.— (i) making such information publicly avail- ing an executive summary, a description of (1) IN GENERAL.—The information described able; and the evaluation methodology, key findings, in subsection (a)— (ii) ensuring that such information is made appropriate context, including quantitative (A) shall be published for each country on publicly available in subsequent years. and qualitative data when available, and rec- a detailed basis, such as award-by-award; or (c) SCOPE OF INFORMATION.—The online ommendations made in the evaluation with- (B) if assistance is provided on a regional publication required under subsection (a) in 90 days after the completion of the evalua- level, shall be published for each such region shall, at a minimum— tion; on a detailed basis, such as award-by-award. (1) in each of the fiscal years 2016 through (K) undertake collaborative partnerships (2) TYPES OF INFORMATION.— 2019, provide the information required under and coordinate efforts with the academic (A) IN GENERAL.—To ensure the trans- subsection (b) for fiscal years 2015 through community, implementing partners, and na- parency, accountability, and effectiveness of the current fiscal year; and tional and international institutions, as ap- covered United States foreign assistance pro- (2) for fiscal year 2020 and each fiscal year propriate, that have expertise in program grams, the information described in sub- thereafter, provide the information required monitoring, evaluation, and analysis when section (a) shall include— under subsection (b) for the immediately such partnerships provide needed expertise (i) links to all regional, country, and sec- preceding 5 fiscal years in a fully searchable or significantly improve the evaluation and tor assistance strategies, annual budget doc- form. analysis; uments, congressional budget justifications, (d) SENSE OF CONGRESS.—It is the sense of (L) ensure verifiable, reliable, and timely and evaluations in accordance with section Congress that the Secretary of State and the data, including from local beneficiaries and 3(c)(2)(J); Administrator of the United States Agency stakeholders, are available to monitoring (ii) basic descriptive summaries for cov- for International Development should co- and evaluation personnel to permit the ob- ered United States foreign assistance pro- ordinate the consolidation of processes and jective evaluation of the effectiveness of cov- grams and awards under such programs; and data collection and presentation for the De- ered United States foreign assistance pro- (iii) obligations and expenditures. partment of State’s website, grams, including an assessment of assump- (B) PUBLICATION.—Each type of informa- ‘‘ForeignAssistance.gov’’, and the United tions and limitations in such evaluations; tion described in subparagraph (A) shall be States Agency for International Develop- and published or updated on the appropriate ment’s website, ‘‘Explorer.USAID.gov’’, to (M) ensure that standards of professional website not later than 90 days after the date the extent that is possible to maximize effi- evaluation organizations for monitoring and on which the information is issued. ciencies, no later than the end of fiscal year evaluation efforts are employed, including (C) RULE OF CONSTRUCTION.—Nothing in 2018. ensuring the integrity and independence of this paragraph may be construed to require a evaluations, permitting and encouraging the Federal department or agency that admin- SA 4928. Mr. RUBIO (for himself and exercise of professional judgment, and pro- isters covered United States foreign assist- Mr. CARDIN) proposed an amendment to viding for quality control and assurance in ance to provide any information that does the bill H.R. 3766, to direct the Presi- the monitoring and evaluation process. not relate to, or is not otherwise required by, dent to establish guidelines for covered

VerDate Sep 11 2014 06:29 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A28JN6.047 S28JNPT1 emcdonald on DSK9F6TC42PROD with SENATE S4680 CONGRESSIONAL RECORD — SENATE June 28, 2016 United States foreign assistance pro- meet during the session of the Senate REMOVAL OF INJUNCTION OF SE- grams, and for other purposes; as fol- on June 28, 2016, at 4 p.m. CRECY—TREATY DOCUMENT NO. lows: The PRESIDING OFFICER. Without 114–12 Amend the title so as to read: ‘‘A bill to di- objection, it is so ordered. Mr. ROUNDS. Mr. President, as in rect the President to establish guidelines for COMMITTEE ON THE JUDICIARY executive session, I ask unanimous covered United States foreign assistance pro- Mr. ISAKSON. Mr. President, I ask consent that the injunction of secrecy grams, and for other purposes.’’. be removed from the following treaty unanimous consent that the Com- f transmitted to the Senate on June 28, mittee on the Judiciary be authorized 2016, by the President of the United AUTHORITY FOR COMMITTEES TO to meet during the session of the Sen- States: Protocol to the North Atlantic MEET ate on June 28, 2016, at 10 a.m., in room Treaty of 1949 on the Accession of Mon- COMMITTEE ON ARMED SERVICES SD–226 of the Dirksen Senate Office tenegro, Treaty Document No. 114–12. I Mr. ISAKSON. Mr. President, I ask Building, to conduct a hearing entitled further ask that the treaty be consid- unanimous consent that the Com- ‘‘One Year After Enactment: Imple- ered as having been read the first time; mittee on Armed Services be author- mentation of the Justice for Victims of that it be referred, with accompanying ized to meet during the session of the Trafficking Act of 2015.’’ papers, to the Committee on Foreign Senate on June 28, 2016, at 9:30 a.m. The PRESIDING OFFICER. Without Relations and ordered to be printed; The PRESIDING OFFICER. Without objection, it is so ordered. and that the President’s message be objection, it is so ordered. SELECT COMMITTEE ON INTELLIGENCE printed in the RECORD. COMMITTEE ON COMMERCE, SCIENCE, AND Mr. ISAKSON. Mr. President, I ask The PRESIDING OFFICER. Without TRANSPORTATION objection, it is so ordered. unanimous consent that the Select The message of the President is Mr. ISAKSON. Mr. President, I ask Committee on Intelligence be author- unanimous consent that the Com- printed in the Record of June 29, 2016, ized to meet during the session of the on page S4750. mittee on Commerce, Science, and Senate, on June 28, 2016, at 2:30 p.m., in Transportation be authorized to meet room SH–219 of the Hart Senate Office f during the session of the Senate on Building. FOREIGN AID TRANSPARENCY June 28, 2016, at 9:45 a.m., in room SR– The PRESIDING OFFICER. Without AND ACCOUNTABILITY ACT OF 2015 253 of the Russell Senate Office Build- objection, it is so ordered. Mr. ROUNDS. Mr. President, I ask ing to conduct a Subcommittee hearing unanimous consent that the Senate entitled ‘‘How the Internet of Things SUBCOMMITTEE ON OVERSIGHT, AGENCY ACTION, proceed to the immediate consider- (loT) Can Bring U.S. Transportation FEDERAL RIGHTS, AND FEDERAL COURTS Mr. ISAKSON. Mr. President, I ask ation of Calendar No. 318, H.R. 3766. and Infrastructure into the 21st Cen- The PRESIDING OFFICER. The unanimous consent that the Com- tury.’’ clerk will report the bill by title. The PRESIDING OFFICER. Without mittee on the Judiciary, Sub- The legislative clerk read as follows: committee on Oversight, Agency Ac- objection, it is so ordered. A bill (H.R. 3766) to direct the President to COMMITTEE ON FINANCE tion, Federal Rights, and Federal establish guidelines for United States for- Mr. ISAKSON. Mr. President, I ask Courts be authorized to meet during eign development and economic assistance unanimous consent that the Com- the session of the Senate on June 28, programs, and for other purposes. mittee on Finance be authorized to 2016, at 2:30 p.m., in room SD–226 of the There being no objection, the Senate meet during the session of the Senate Dirksen Senate Office Building, to con- proceeded to consider the bill. on June 28, 2016, at 10 a.m., in room duct a hearing entitled ‘‘Willful Blind- Mr. ROUNDS. I ask unanimous con- SD–215 of the Dirksen Senate Office ness: Consequences of Agency Efforts sent that the Rubio substitute amend- Building to conduct a hearing entitled To Deemphasize Radical Islam in Com- ment be agreed to, the bill, as amend- ‘‘Examining the Proposed Medicare bating Terrorism.’’ ed, be read a third time and passed, the Part B Drug Demonstration.’’ The PRESIDING OFFICER. Without Rubio title amendment be agreed to, The PRESIDING OFFICER. Without objection, it is so ordered. and the motions to reconsider be con- sidered made and laid upon the table. objection, it is so ordered. SUBCOMMITTEE ON PUBLIC LANDS, FORESTS, The PRESIDING OFFICER. Without AND MINING COMMITTEE ON FOREIGN RELATIONS objection, it is so ordered. Mr. ISAKSON. Mr. President, I ask Mr. ISAKSON. Mr. President, I ask The amendment (No. 4927) in the na- unanimous consent that the Com- unanimous consent that the Com- ture of a substitute was agreed to. mittee on Foreign Relations be author- mittee on Energy and Natural Re- (The amendment is printed in today’s ized to meet during the session of the sources’ Subcommittee on Public RECORD under ‘‘Text of Amendments.’’) Senate on June 28, 2016, at 10 a.m., to Lands, Forests, and Mining be author- The bill (H.R. 3766), as amended, was conduct a hearing entitled ‘‘Global Ef- ized to meet during the session of the ordered to a third reading, was read the forts to Defeat ISIS.’’ Senate on June 28, 2016, at 2:30 p.m., in third time, and passed. The PRESIDING OFFICER. Without room SD–366 of the Dirksen Senate Of- The amendment (No. 4928) was agreed objection, it is so ordered. fice Building. to, as follows: COMMITTEE ON HEALTH, EDUCATION, LABOR, The PRESIDING OFFICER. Without (Purpose: To amend the title) AND PENSIONS objection, it is so ordered. Amend the title so as to read: ‘‘A bill to di- Mr. ISAKSON. Mr. President, I ask rect the President to establish guidelines for covered United States foreign assistance pro- unanimous consent that the Com- f grams, and for other purposes.’’. mittee on Health, Education, Labor, f and Pensions be authorized to meet, PRIVILEGES OF THE FLOOR during the session of the Senate, on ORDERS FOR WEDNESDAY, JUNE June 28, 2016, at 2 p.m., in room SD–430 Mr. MERKLEY. Mr. President, I ask 29, 2016 unanimous consent that my intern An- of the Dirksen Senate Office Building, Mr. ROUNDS. Mr. President, I ask drew Dunn be given the full privilege of to conduct a hearing entitled ‘‘Small unanimous consent that when the Sen- the floor for the remainder of the day. Business Health Care: Cost and Op- ate completes its business today, it ad- tions.’’ The PRESIDING OFFICER. Without journ until 9:30 a.m., Wednesday, June The PRESIDING OFFICER. Without objection, it is so ordered. 29; that following the prayer and objection, it is so ordered. Mr. MERKLEY. Mr. President, I ask pledge, the morning hour be deemed COMMITTEE ON HOMELAND SECURITY AND unanimous consent that my staff mem- expired, the Journal of proceedings be GOVERNMENTAL AFFAIRS ber Michael McKieran be given privi- approved to date, and the time for the Mr. ISAKSON. Mr. President, I ask leges of the floor until his paperwork is two leaders be reserved for their use unanimous consent that the Com- processed. later in the day; further, that following mittee on Homeland Security and Gov- The PRESIDING OFFICER. Without leader remarks, the Senate resume ernmental Affairs be authorized to objection, it is so ordered. consideration of the House message to

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FAMILY FIRST PREVENTION CHILDREN’S DEFENSE FUND, cameral child welfare legislation. In fact, it SERVICES ACT OF 2016 Washington, DC, June 13, 2016. was 36 years ago today, June 13th, 1980 that Hon. KEVIN BRADY, the Adoption Assistance and Child Welfare Chairman, Committee on Ways and Means, Act was passed by Congress and then signed SPEECH OF House of Representatives. into law on June 17th. You followed that Hon. ORRIN HATCH, with the Adoption and Safe Families Act, HON. VERN BUCHANAN Chairman, Committee on Finance, U.S. Senate. the Foster Care Independence Act, the Fos- Hon. VERN BUCHANAN, tering Connections to Success and increasing OF FLORIDA Chairman, Human Resources Subcommittee, Adoptions Act, and more recently the Pre- Committee on Ways and Means, House of venting Sex Trafficking and Strengthening IN THE HOUSE OF REPRESENTATIVES Representatives. Families Act, to name several, all of which Tuesday, June 21, 2016 Hon. SANDY LEVIN, included provisions to begin to better align Ranking Member, Committee on Ways and federal funding with improved outcomes for Mr. BUCHANAN. Mr. Speaker, I request Means, House of Representatives. vulnerable children and their families. The Hon. RON WYDEN, Family First Preventive Services Act now that the following extraneous materials on takes important next steps. H.R. 5456, the Family First Prevention Serv- Ranking Member, Committee on Finance, U.S. Senate. The Children’s Defense Fund looks forward ices Act of 2016 be submitted: to working with all of you to make the pro- Hon. LLOYD DOGGETT, CWLA, TOGETHER, MAKING CHILDREN Ranking Member, Human Resources Sub- posed improvements for children in the Fam- AND FAMILIES A NATIONAL PRIORITY committee, Committee on Ways and Means, ily First Prevention Services Act a reality. Washington, DC, June 13,2016. House of Representatives. Thank you for your continuing leadership on Hon. KEVIN BRADY, DEAR WAYS AND MEANS AND SENATE FI- behalf of these most vulnerable children and Ways and Means Committee, House of Rep- NANCE COMMITTEE CHAIRMEN BRADY AND their families. resentatives, Washington, DC. HATCH, RANKING MEMBERS LEVIN AND WYDEN Sincerely yours, Hon. ORRIN HATCH, AND HUMAN RESOURCES SUBCOMMITTEE CHAIR- MARIAN WRIGHT EDELMAN, Finance Committee, U.S. Senate, MAN BUCHANAN AND RANKING MEMBER DOG- President. Washington DC. GETT: One of the Children’s Defense Fund Hon. SANDER LEVIN, (CDF)’s first reports decades ago was Chil- CHILDREN’S HOME SOCIETY Ways and Means Committee, House of Rep- dren without Homes: An Examination of OF AMERICA, resentatives, Public Responsibility to Children in Out-of- Chicago, IL, June 14, 2016. Washington, DC. Home Care and we have been unrelenting Hon. KEVIN BRADY, Hon. RON WYDEN, since in our advocacy for children who come Chairman, Committee on Ways and Means, Finance Committee, U.S. Senate, Washington to the attention of the child welfare system U.S. House of Congress, Washington, DC. DC. and their families. Today I offer CDF’s full Hon. SANDY LEVIN, support of the proposed Family First Preven- Ranking Member, Committee on Ways and DEAR CHAIRMAN BRADY AND RANKING MEM- tion Services Act. It takes historic and long Means, U.S. House of Congress, Wash- BER LEVIN: overdue steps to direct federal child welfare ington, DC. DEAR CHAIRMAN HATCH AND RANKING MEM- dollars to improve outcomes for vulnerable DEAR CHAIRMAN BRADY AND RANKING MEM- BER WYDEN: The Child Welfare League of children and families. I urge you to move to- BER LEVIN: As a nationwide membership or- America endorses the Families First Preven- ward a timely mark up in both the House ganization comprised of many of the most tion Services Act. We feel that the legisla- and Senate so these vulnerable children do long standing and respected child and family tion offers the important possibility of al- not have to wait longer for these important organizations in the county, Children’s lowing funds to provide vital mental health, reforms. Home Society of America is writing in sup- substance use and in-home services that Especially significant are the redirected port of your efforts to promote and improve could help children stay with their own fami- funds in the Act for services and programs to outcomes for many of the hundreds of thou- lies. Current funding for this important part assist children at risk of foster care to re- sands of children and youth who come to the of a continuum of needed services is lacking main safely with parents or family care- attention of the child welfare system each and we know we must address these areas if givers. The proposal ensures quality preven- year, including children in foster care. Over we are to strengthen the well-being and out- tion and treatment services for mental the decades the House Ways and Means Com- comes for children and families that come to health and substance abuse problems that mittee, with bipartisan support, has taken the child welfare and child protection sys- bring many families to the attention of the significant steps forward on behalf of our tems. child welfare system. Such services and most vulnerable children and the Family treatment are especially critical in respond- First Prevention Services Act of 2016 con- This legislation provides an important re- ing to the current heroin and opioid epi- tinues those efforts. authorization of the two Title IV-B programs demic, and we applaud additional provisions Allowing funds under Title IV–E of the So- including an extension of the adoption-kin- to address this crisis. The proposal also helps cial Security Act, currently used primarily ship incentives, court improvement funds, strengthen families and protect children by for out-of-home care for children, to be used workforce development funds tied to case- providing them in-home skill-based services. for the first time for prevention services to worker visits, and the regional partnership At the same time, it requires states to have help keep children at risk of placement in grants. The bill includes some needed im- a plan to track and prevent child maltreat- foster care safely at home with their parents provements to the Chaffee program in regard ment fatalities. or with kin is a significant move in the right to the age of eligibility. The Family First Prevention Services Act direction. Kinship caregivers play a critical We hope to work with the Congress and the takes important steps to ensure children role in protecting children temporarily while Administration in the implementation of who need foster care will be placed in the their parents are not able to and also in en- some of the more challenging aspects of the least-restrictive most family-like setting ap- suring new permanent families for children bill to make sure that the oversight and im- propriate to their needs, and gives special at- who cannot return home. plementation of the residential care parts of tention to children whose emotional or other We strongly support the bill’s recognition this law are carried out in the most effective special needs require residential treatment. of the importance of quality services for way possible. In the years ahead we also It continues to recognize and increase sup- these children, which are evidence-based and hope to push Congress on new strategies that ports for grandparents and other relatives trauma-informed and the importance of ac- who step in to care for children when their countability in tracking the provision of can go beyond simply reallocating current parents cannot; addresses the special needs services and their benefits for children. child welfare funds and instead invest in of pregnant and parenting teens and protec- States at different stages in reforming their what is truly needed and proven effective. tions for their children; and offers supports systems will also have help training staff for Thank you again for your dedication and to help older youth transition from foster the development and delivery of these new hard work. care to adulthood. There is a continued im- services and putting in place the infrastruc- Sincerely, portant emphasis on ensuring permanent ture needed to administer and oversee their CHRISTINE JAMES-BROWN, families for children. delivery and child outcomes. President/CEO, Child Welfare League of This new proposal builds on your Commit- The Family First Prevention Services Act America. tees’ work on previous bipartisan and bi- over time also will take important steps to

∑ 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 04:35 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A28JN8.001 E28JNPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E1004 CONGRESSIONAL RECORD — Extensions of Remarks June 28, 2016 ensure children who need to enter foster care safety and permanency, is critical to achiev- strengthen the child welfare system includ- will be placed in the least restrictive setting ing better outcomes for children and society ing the extension of the Tile IV–B program, appropriate to their needs, by targeting fed- and positioning children to thrive into adult- improving supports for youth transitioning eral dollars only on smaller family-foster hood. to adulthood, establishing model foster care homes and on other care settings for chil- Children’s is committed to improving the licensing standards, and calling for a GAO dren and youth with special treatment needs health and well-being of children and fami- review to examine compliance of states in or those in special circumstances, such as lies. We believe the Family First Prevention reinvesting savings from the federal adop- pregnant and parenting teens or older youth Services Act will enable the child welfare tion assistance reimbursement for special in independent living settings. A number of system to better serve our most vulnerable needs kids states already have undertaken special ef- children and families. We look forward to working with you to forts to reduce the number of children in Sincerely, ensure these new child welfare finance re- congregate care and to preserve group care AMY HERBST, forms will truly benefit children who come settings for children with special treatment Vice President, Child Well-Being, to the attention of the child welfare system needs. Children’s Hospital of Wisconsin. and to continue to explore additional im- Children and society pay a high cost when provements on their behalf to ensure they all the current systems fail to adequately ad- FIRST FOCUS have safe, permanent families. Thank you dress the needs of the children who come to CAMPAIGN FOR CHILDREN, for your continued leadership on behalf of the attention of our child welfare systems, Washington, DC, June 14, 2016. these children. nearly 80 percent of whom are victims of ne- Hon. KEVIN BRADY, Sincerely, glect. We believe that the specific changes Chairman, Committee on Ways and Means, BRUCE LESLEY, proposed will go far in encouraging state and House of Representatives, Washington, DC. President. local child welfare systems, private pro- Hon. ORRIN HATCH, viders, the courts and youth and families Chairman, Committee on Finance, f who have been involved in the system to U.S. Senate, Washington DC. CELEBRATING THE EDUCATIONAL Hon. VERN BUCHANAN, work together to achieve significant change CONTRIBUTIONS OF MRS. SYLVIA for children over the next decade. Chairman, Human Resources Subcommittee, We look forward to working with you to Committee on Ways and Means, House of CRIER ensure these new child welfare finance re- Representatives, Washington, DC. forms will truly benefit children who come Hon. SANDER LEVIN, HON. CEDRIC L. RICHMOND to the attention of the child welfare system Ranking Member, Committee on Ways and OF LOUISIANA and to continue to explore additional im- Means, House of Representatives, Wash- provements on their behalf to ensure they all ington, DC. IN THE HOUSE OF REPRESENTATIVES have safe, permanent families. Thank you Hon. RON WYDEN, Tuesday, June 28, 2016 for your continuing leadership on behalf of Ranking Member, Committee on Finance, U.S. these children. Senate, Washington DC. Mr. RICHMOND. Mr. Speaker, I rise today Sincerely, Hon. LLOYD DOGGETT, to congratulate Mrs. Sylvia Crier on receiving SHARON OSBORNE, Ranking Member, Human Resources Sub- the annual New Orleans Excellence in Teach- Board Chair, Children’s Home committee, Committee on Ways and Means, ing Award from New Schools for New Orleans. Society of America. House of Representatives, Washington, DC. The Excellence in Teaching Award is given to DEAR CHAIRMEN BRADY AND HATCH, RANK- a teacher that goes above and beyond for CHILDREN’S HOSPITAL OF WISCONSIN, ING MEMBERS LEVIN AND WYDEN, CHAIRMAN Milwaukee, WI. BUCHANAN AND RANKING MEMBER DOGGETT: their students and who has a powerful impact Hon. VERN BUCHANAN, On behalf of the First Focus Campaign for on their school community. Chairman, Human Resources Subcommittee, Children (FFCC), a bipartisan organization Mrs. Crier began her teaching career more House Committee on Ways & Means, Wash- committed to making children and their than 51 years ago when New Orleans public ington DC. families a priority in federal policy and schools were newly integrated. Prior to start- DEAR CHAIRMAN BUCHANAN: Children’s Hos- budget decisions, I am writing in strong sup- ing her teaching career, Mrs. Crier received port of H.R. 5456, the Family First Preven- pital of Wisconsin strongly supports the her Bachelor’s of Science in English from Family First Prevention Services Act of 2016 tion Services Act of 2016. This bill that (H.R. 5456). We applaud your leadership on makes important policy changes in federal Tuskegee University and moved to New Orle- this important issue. child welfare spending that better support ans shortly after—and we’re glad she did. Children’s Hospital of Wisconsin (Chil- the needs of vulnerable children and fami- At the young age of 75, Mrs. Crier has dren’s) is the region’s only independent lies. taught English, U.S. History, civics and busi- health care system dedicated solely to the Currently, there are 415,000 children in the ness to generations of New Orleans students. foster care system, a number that has in- health and well-being of children. We serve Currently, the students of McDonough 35 High children from every county in the state and creased by 3.5 percent from 2014. Nearly 31 percent of children placed in foster care were are lucky enough to have a teacher who is in- are recognized as one of the leading pediatric vested in not only their educational achieve- health care centers in the United States. In removed due to parental alcohol or drug use, and in some states, the percentage of re- addition, Children’s is the largest not-for- ment but also their professional and personal moval due to parental substance abuse is profit, community-based child and family development. closer to 60 percent. In addition, 57,000 chil- serving agency in Wisconsin. Through our Mr. Speaker, I join with the Crier family in dren in foster care live in group homes or Community Services work, we provide a con- congregate care settings. These children and celebrating Mrs. Crier’s dedication to her stu- tinuum of care to more than 15,000 children youth do not have a clinical need to be in dents and receiving this achievement. and families annually. This includes family such a setting, and should be with families f preservation and support, child and family who can provide love and support. counseling, child welfare, child advocacy and The Family First Prevention Services Act RECOGNIZING W. MARK DONALD, protection, and foster care and adoption of 2016 contains many important provisions DMD, MAGD AS THE 52ND PRESI- services. that address these poor statistics and will We strongly support the Family First Pre- DENT OF THE ACADEMY OF GEN- make a significant impact in strengthening ERAL DENTISTRY vention Services Act that that would allow and keeping families together. For the first funds under Title IV–E of the Social Security time states will be able to use federal dollars Act to be used for the first time for evidence- from Tide IV–E of the Social Security Act to HON. GREGG HARPER based prevention services to help keep chil- provide time-limited, evidence-based serv- OF MISSISSIPPI dren at risk of placement in foster care safe- ices to families. The services are aimed to ly at home with their parents or with kin. help prevent children from entering the fos- IN THE HOUSE OF REPRESENTATIVES The legislation represents a significant and ter care system by allowing federal reim- Tuesday, June 28, 2016 meaningful shift in child welfare policy by bursement to families for mental health prioritizing up-front, evidence-based services services, substance abuse treatment, and in- Mr. HARPER. Mr. Speaker, I rise today on to keep families together. We know from ex- home parent skill-based programs. In addi- the occasion of the 2016 Academy of General perience and empirical research that this is tion, the bill incentivizes states to ensure Dentistry’s Annual meeting in Boston, Massa- important for the healthy development of that children are placed in family-based set- chusetts to commend and congratulate W. children. tings by only allowing federal reimburse- Mark Donald, DMD, MAGD, for his service as The bill also makes significant advance- ment after an assessment has occurred and it the 52nd President of the Academy of General ments to integrate interventions and meas- has been determined that the child should be ures focused on child well-being into the placed in a quality residential treatment Dentistry (AGD) 2015–2016. child welfare system. Children’s believes program. A Louisville, Mississippi native, Dr. Donald that prioritizing and providing account- The legislation also includes a number of is a graduate of Mississippi State University ability for child well-being, in addition to other provisions aimed to reform and and the University of Mississippi School of

VerDate Sep 11 2014 03:54 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JN8.002 E28JNPT1 SSpencer on DSK4SPTVN1PROD with REMARKS June 28, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1005 Dentistry. He has served in private practice Editor Brad Doherty. Mr. Doherty recently re- THE COMMODITY FUTURES TRAD- and has continued to deliver professional den- tired after nearly 33 years of dedicated service ING COMMISSION’S POSITION tal care and oral care education to the citizens to the newspaper and the Brownsville commu- LIMITS LITERATURE REVIEW in his local community for the past 28 years. nity. Dr. Donald is the first dentist from Region Born in the Texas Panhandle town of HON. K. MICHAEL CONAWAY 12 of the AGD and the Mississippi AGD to Slaton, Mr. Doherty dreamed of becoming a OF TEXAS hold an elected national office and to become basketball player, but traded in his basketball IN THE HOUSE OF REPRESENTATIVES the national President of this organization. for a camera in college. Mr. Doherty earned a Tuesday, June 28, 2016 The Academy of General Dentistry was degree from the University of Texas at Aus- founded in 1952 with the foundational core tin’s College of Fine Arts before joining the Mr. CONAWAY. Mr. Speaker, I rise today to principal of continuing education for general staff at The Brownsville Herald. submit into the CONGRESSIONAL RECORD an dentists to advance their knowledge, edu- important document related to the ongoing Mr. Doherty was passionate about telling cation and training in all fields of dentistry work to finalize a position limits rulemaking at stories through photojournalism. For more through post-graduate continuing education. the U.S. Commodity Futures Trading Commis- than three decades, Mr. Doherty has been The Academy of General Dentistry is the sion (CFTC). The document, an unpublished present at community events including football second largest dental professional organiza- draft literature review prepared by the CFTC’s games, graduations, and festivals like Browns- tion in North America with over 40,000 mem- Office of the Chief Economist (OCE), is titled ville’s famous Charro Days Fiesta. bers consisting of 62 constituents in the ‘‘Analysis of the Various Economic Studies United States and Canada with student and In addition to working full-time at the news- Cited in Comment Letters in the Position Lim- international members. paper, Mr. Doherty served as an adjunct pro- its Rulemaking.’’ Members of the Academy of General Den- fessor of photography at the University of The House Committee on Agriculture (Com- tistry are required to acquire continuing edu- Texas at Brownsville, he became a highly re- mittee) conducted oversight of research prac- cation as a membership requirement and can garded professor. He was a mentor to many tices at OCE based on a report published by obtain a coveted Fellowship and Mastership in aspiring journalists and many of his photo- the CFTC’s Office of Inspector General (CFTC the AGD. journalism students went on to become his co- OIG). As part of this oversight initiative, the Fellows in the AGD make up 15% of the workers at The Brownsville Herald. Committee requested, obtained, and reviewed membership and only 5% of the membership Despite his busy days, he always found a documents and information related to the obtain the coveted Mastership award. Dr. Don- way to spend time with his wife, Anna, daugh- CFTC OIG’s report. As a result of its oversight ald obtained the Mastership award in 2009. ter, Kenya, and their Weimaraners. The family efforts, the Committee obtained a literature re- Dr. Donald has been a member of the AGD often traveled to Real de Catorce, Mexico view on position limits that was never finalized since 1988 and has served in both appointed where Mr. Doherty would photograph scenes or circulated to the full commission. and elected positions of leadership within the from both the bustling village and the stark Having reviewed the draft literature review AGD. He was appointed to the Legislative and plains surrounding it. prepared by the CFTC’s own economists, I Governmental Affairs Council in 2000 and Brad Doherty left an indelible mark on The believe it presents a comprehensive overview served as chair from 2003 to 2006. He was Brownsville Herald and the community it of the current state of economic research on elected as Regional Director of Region 12 and serves. Mr. Doherty is an immensely talented excessive speculation and an objective anal- served for five years and two as chair. He has photographer and teacher, and he will be ysis of the potential utility of position limits. been elected to serve as AGD Speaker of the missed by his colleagues and by all those who The document discusses in detail the ongoing House, and in 2013 he was elected as the have seen Brownsville come alive through his and vigorous debate among economists about AGD Vice President. photography. what constitutes excessive speculation and Dr. Donald was instrumental in the concep- what, if any, impact it might have on prices tion, formulation and implementation of the and volatility in the commodity futures mar- f AGD advocacy strategic plan including the in- kets. In addition, the document summarizes troduction and initiation of the AGD Advocacy FRANKIE’S STORY and provides a brief analysis of many of the fund and the AGD Hill Day and has helped most important academic studies cited by guide the AGD advocacy efforts for the gen- commenters and utilized by CFTC staff in eral dentists for the past 16 years. HON. BRENDAN F. BOYLE drafting the proposed rule. Dr. Donald received the first Dentist of the On June 14, 2016, I requested that CFTC OF PENNSYLVANIA Year award in his home state of Mississippi in Chairman Massad make this document public 2010 and was recognized as the 2016 Alum- IN THE HOUSE OF REPRESENTATIVES because I believe the insights and information nus of the Year for the University of Mis- Tuesday, June 28, 2016 contained in this report will benefit the general sissippi School of Dentistry. He is the first and public’s understanding of and ability to com- current project chair of the Mississippi Mission Mr. BRENDAN F. BOYLE of Pennsylvania. ment on the proposed rule. On June 17, 2016, of Mercy which has provided 1.3 million dol- Mr. Speaker, I rise today in memory of Frankie Chairman Massad declined on the grounds lars of free dental care to 2,800 patients in Prout, a young man from the Port Richmond that (i) the document was a summary of stud- Mississippi. area of Philadelphia described by his devoted ies submitted during the comment period and, Mr. Speaker, I ask my colleagues to join me mother Jacqueline as happy and well-loved by (ii) it was never intended to be public. in commending Dr. W. Mark Donald, DMD, everyone who knew him. I also rise in honor The document, however, is much more than MAGD for his service as the 52nd President of of the 129 victims of drug overdose deaths a summary of studies submitted during the the Academy of General Dentistry, and also to each day; 78 of those from opioids. comment period; it also is a wide-ranging ex- acknowledge the significance that the Acad- In February of 2012, at the tragically young amination of how to define excessive specula- emy of General Dentistry has had on the pro- age of 20, Frankie succumbed to a heroin tion, how to measure it, and how it may im- fession of dentistry, the oral health care deliv- overdose in a half-way house, preceded by his pact markets. ery system of the United States, and the im- addiction to Percocet—an addiction that began For reference, I have included the entirety of portance of oral health care for all our citizens. two years earlier with a prescription from the the conclusion section here: f dentist. After repeated attempts to seek reha- Economists debate whether ‘‘excessive bilitation and attempts to qualify for meaningful speculation,’’ meaning a link between large HONORING THE RETIREMENT OF speculation positions and unwarranted price BRAD DOHERTY treatment, Frankie was denied the resources changes or price volatility, exists in these he needed to overcome his addiction. regulated markets, and if so to what degree. HON. FILEMON VELA We must remind one another of people like The question presented is a surprisingly dif- ficult one to answer. All the empirical stud- OF TEXAS Frankie, and put names and faces to the near- ly 30,000 people who fall victim to opioid over- ies on this question have drawbacks, and IN THE HOUSE OF REPRESENTATIVES none is conclusive. This inconclusivity is not dose each year. But we must also take action Tuesday, June 28, 2016 surprising. It is inevitable, given the eco- to make that tragic number zero. We as elect- nomic uncertainties that inhere in the data Mr. VELA. Mr. Speaker, today I rise to rec- ed leaders must not abandon any more vic- and the complexity of the question. There ognize the accomplishments of a remarkable tims like Frankie. And we cannot stand by as are many theoretical and empirical assump- community member, Brownsville Herald Photo mothers like Jacqueline bury their children. tions, and often multiple leaps of faith, that

VerDate Sep 11 2014 03:54 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A28JN8.005 E28JNPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E1006 CONGRESSIONAL RECORD — Extensions of Remarks June 28, 2016 are needed to transform and interpret raw access to the best available information. This speculative activity and suggest that sup- market data into meaningful and persuasive literature review, much like other whitepapers, pressing such activity may carry unintended results. There is no decisive statistical meth- studies, and analyses published by OCE, pro- risks, such as disruptions to liquidity and od for establishing evidence for or against price discovery. position limits in the commodity. vides such information in a manner that is I appreciate your work on the recent sup- Those that use Granger causality method- clear and understandable. plement to the proposed position limits rule- ology tend to conclude that there is no evi- It is my hope that this information will be making. Your proposal takes steps towards dence of excessive speculation or its con- used to continue to improve our understanding addressing several of the concerns that have sequences on price returns and price vola- of derivatives markets and the regulatory rules been raised before both this Committee and tility, and many industry commenters op- we enact to govern them. For this reason, I your agency. As stakeholders and market posed to position limits used this method- am making this report public prior to the July participants review the new language and ology. But that methodology is peculiarly file their comments, this report, which puts sensitive to model design choices, and above 13 closing date of the comment period for the the best economic literature in context, may we have analyzed designed modelling deci- CFTC’s position limits rulemaking. help clarify what can and cannot be accom- sions that may have affected the ultimate The cover memo, full literature review, and plished in the final rule. conclusions of these studies. Moreover, there all of the correspondence between the CFTC Position limits are a complex regulatory are countervailing Granger studies showing and the Committee regarding this document tool and their impact on markets is uncer- a link between large speculative positions are available on the Committee’s website at tain. Given the sweeping nature of this rule- and price volatility. And studies such as http://agriculture.house.gov/uploadedfiles/posi- making and the intense debate it has pro- Cheng, Kirilenko, and Xiong, Convective voked since its inception, this even-handed tionllimitslanalysis.pdf. report prepared by the Commission’s own Risk Flows in Commodity Futures Markets I would like to also submit the following let- (working paper 2012), indicate that some economists should serve as an invaluable re- Granger studies may mask the impact of ex- ters: source for the Commission and the public. cessive speculation in times of financial HOUSE OF REPRESENTATIVES, Therefore, the Committee requests that you stress. COMMITTEE ON AGRICULTURE, finalize this report before continuing with Those that use comovement and cointegra- Washington, DC, June 14, 2016. the next steps in the rulemaking process. tion methods tend to conclude there is evi- Hon. TIMOTHY G. MASSAD, The Committee on Agriculture is the prin- dence of deleterious effects of ‘‘excessive Chairman, U.S. Commodity Futures Trading cipal authorizing committee for all matters speculation.’’ Yet comovement just tests for Commission, Washington, DC. related to agriculture and commodity ex- correlation, not causation, and a correlation DEAR CHAIRMAN MASSAD: The House Com- changes in the House of Representatives and between large financial trading in the com- mittee on Agriculture is conducting over- ‘‘shall have general oversight responsibil- modity markets and price changes and vola- sight of research practices at the U.S. Com- ities’’ as set forth in House Rule X. tility could be driven by a common causal modity Futures Trading Commission’s Please respond to this request in writing agent such as macroeconomic factors. (CFTC) Office of the Chief Economist (OCE) on or before June 24, 2016. Your response Those studies that use models of funda- based on a report published by the agency’s should specify the date by which the lit- mental supply and demand reach a whole Office of Inspector General (OIG). As part of erature review will be finalized and made host of divergent opinions on the subject, this oversight initiative, the Committee re- public. If you have any questions about this each opinion only as strong as the many quested documents and information related request, please contact Emily Wong or Paul modelling choices. to the OIG’s report and discovered the exist- Balzano of the majority staff. In this way, the economic literature is in- ence of a draft literature review on position Sincerely, conclusive. Even clearly written, well-re- limits that was never finalized or circulated K. MICHAEL CONAWAY, spected papers often contain nuances. It is to the full commission. I write to request Chairman. telling that Hamilton, Causes and Con- that you direct CFTC staff to finalize and sequences of the Oil Shock of 2007–2008, make public this report for use in the Com- U.S. COMMODITY FUTURES Brookings Paper on Economic Activity mission’s ongoing work on the position lim- TRADING COMMISSION, (2009), has been cited by both proponents and its rulemaking. Washington, DC, June 17, 2016. opponents of position limits. On February 18, 2016, the OIG published a Hon. K. MICHAEL CONAWAY, What can be said with certainty is summa- report following up on a 2014 review of OCE Chairman, Committee on Agriculture, House of rized in the Commission’s NPRM: that large research programs. After interviewing OCE Representatives, Washington, DC. speculative positions and outsized market economists, the OIG decided to expand its re- DEAR MR. CHAIRMAN: I am writing in re- power pose risks to a well-functioning mar- view of OCE to include research topic selec- sponse to your letter of June 14, 2016 regard- ketplace. These risks may very well differ tion due to allegations that the Chief Econo- ing the U.S. Commodity Futures Trading depending on commodity market structure, mist has refused to permit research on topics Commission’s (‘‘CFTC’’ or ‘‘Commission’’) but can in some markets cause real-world relevant to the agency’s mission, including rulemaking concerning position limits on de- rivatives. price impacts through a higher risk premium position limits, and economists have begun As you note in your letter, the position as a component of total price. There are also limiting their research proposals to non-con- limits rulemaking (‘‘proposal’’ or ‘‘rule’’) is a economic studies indicating some correla- troversial topics based on a perception that very important one. As with all tion between increased speculation and price the Chief Economist will not permit research rulemakings, the Commission is following a volatility in times of financial stress, but that may conflict with the official positions transparent and thorough process. No cur- this correlation does not imply causation. of the CFTC. rent Commissioner was in office when the The OIG’s findings were deeply troubling, There are studies indicating that in certain initial position limits rule was proposed, and markets, such as crude oil, or certain time and the Committee requested documents and therefore we have taken the time to listen to periods, such as times of financial stress, the communications related to the OIG’s inves- market participants and consider the pro- impact of excessive speculation may be tigation for additional oversight. Among the posal very carefully. The Commission has greater. These findings are all exceptions to documents the Committee received was a made extensive efforts to ensure the public the general rule that increased participation draft literature review summarizing and ana- has ample opportunity to comment on the of speculators should generally be expected lyzing economic studies cited in comment proposal and has extended the public com- to lead to better price discovery and less un- letters on the position limits rulemaking ment period multiple times. warranted price volatility. that was sent to your office on June 30, 2015. As part of any rulemaking process, all Comment letters on either side declaring The version we have seen is labeled draft comment letters are made publicly available that the matter is settled in their favor number 20, but does not appear to have been on the Commission’s website. Commission among respectable economists are simply in- submitted for final review within OCE after staff routinely summarize these comments, correct. The best economists on both sides of it was shared with your office. which can be helpful to Commissioners and the debate concede that there is a legitimate I have reviewed the document, and I be- staff because comments are often volumi- debate afoot. This analysis paper documents lieve it presents a comprehensive overview of nous in detail. In the case of this rule, some that the academic debate amongst econo- the current state of economic research on ex- of the comment letters referenced studies re- mists about the magnitude, prevalence, and cessive speculation and an objective analysis garding position limits or related matters pervasiveness of the risk of outsized market of the potential utility of position limits. conducted by third parties, including aca- positions has reputable and legitimate stand- The report discusses in detail the ongoing demic researchers, economists and trade or- ard-bearers for opposing positions. and vigorous debate among economists about ganizations. The draft document you men- While I have my own opinion about the util- what constitutes excessive speculation and tion in your letter is a summary of studies ity of a position limits regime, my push to what, if any, impact it might have on prices submitted during the rulemaking comment and volatility in the commodity futures make this document public has nothing to do periods. A majority of these studies were markets. The authors of this report raise im- submitted prior to the publication of the with a disagreement over the outcome of this portant questions about whether position proposed rule in December 2013 and were specific policy debate. I believe that to make limits are an effective tool for limiting the summarized and listed in that 2013 proposal. informed decisions it is important that law- effects of excessive speculation. They also While staff summaries of public comments makers, policy makers, and the public have highlight the market stabilizing effects of (or material referred to in the comments)

VerDate Sep 11 2014 03:54 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A28JN8.008 E28JNPT1 SSpencer on DSK4SPTVN1PROD with REMARKS June 28, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1007 are internal Commission documents and not from which he was uprooted, Frank chose to Though formally incorporated as a town in themselves published as part of the final join the U.S. Army. He served in the Military New Hampshire on March 20, 1716, Stratham rule, I can assure you that, consistent with Intelligence Service, 77th Division, where he saw settlers on its lands formally known as normal practice, any final rule will summa- rize the comments we receive, including served overseas in the Philippines and Japan. Squamscott Patent going back to the 1600’s. those comments that refer to third party Even after his family was treated like pris- I know that these early settlers must have felt studies, just as was done for the proposed oners, he chose to fight for his country. the way its current residents feel today, that it rule published in December 2013. When Frank returned home from the war, is a beautiful part of our historic state, with a I appreciate the complexity of the issues he immediately went back to school to com- great deal to offer families and businesses surrounding the position limits rule, and the plete his education, and attended Los Angeles starting out there. importance of thoroughly and fully consid- City College and the University of California, ering public comments. I have made it a pri- Stratham has been the home to many influ- Los Angeles (UCLA). After graduating from ential leaders for the State of New Hampshire ority to finalize a position limits rule this UCLA, he became the first ‘Nisei,’ or second- calendar year and believe we are making including former Members of the U.S. House good progress toward that goal. generation Japanese American, to manage of Representatives David Barker Jr. and Jo- If you have further questions, please con- the Sumitomo Bank of California. As a man- siah Bartlett Jr., former Members of the U.S. tact me or Cory Claussen. ager, Mr. Omatsu provided loans and support Senate Daniel Clark and Maurice Murphy Jr., Sincerely, to Japanese Americans returning from intern- and Paine Wingate who served in both the TIMOTHY G. MASSAD, ment camps, helping them to get back on their U.S. Senate and U.S. House of Representa- Chairman. feet financially. Always an active leader in his tives. Thomas Wiggin also hailed from f community, Frank was Finance Officer for Stratham and served as the first governor of Commodore Perry Post 525 of the American IN MEMORY OF MEMPHIS POLICE what was then called the Upper Plantations of Legion Veterans organization. In 1985, he K–9 OFFICER GUNNER New Hampshire. Many of these influential fig- served as chairperson of the Little Tokyo Cen- ures from Stratham went on to make great tennial Time Capsule. This time capsule, bur- contributions to the Granite State, and their HON. STEVE COHEN ied beneath a tree at the Japanese American family names still remain strong in the resi- OF TENNESSEE Cultural and Community Center in Little dents here today who proudly carry on in the IN THE HOUSE OF REPRESENTATIVES Tokyo, Los Angeles, preserves the culture and name of their forefathers. Tuesday, June 28, 2016 history of the Japanese American community in Los Angeles at the time. The following year, For the past 300 years, this town has been Mr. COHEN. Mr. Speaker, I rise today to Frank founded the ‘Astronaut Ellison Onizuka a landmark of independence and success, and join with the people of Memphis who are Memorial Board’ to honor the first Asian Pa- the residents of Stratham should be proud of mourning the loss of a member of the Mem- cific American to reach outer space who was all that they’ve accomplished throughout its phis Police Department’s K–9 unit. tragically killed in the Challenger Space Shut- storied history. I am pleased to join with the Gunner, a fearless German Shepherd, tle in 1986. The board celebrates the life and citizens of Stratham as they mark this great served with his partner and handler Sgt. Roo- upholds the legacy of Astronaut Onizuka as milestone for their town and community, and it sevelt Twilley for five years before retiring in an inspiration to future generations of Asian is truly an honor to represent them in Con- 2010. Pacific Americans. gress. In 2009, Gunner risked his life to help ap- Building upon his legacy of serving others prehend a suspected thief and saved his han- and improving his community, Frank was one f dler’s life in the process. Gunner was stabbed of the ‘‘magnificent seven’’ original board 10 times during the incident. After emergency members of Keiro Senior Healthcare, a not- HONORING THE CAREER OF surgery and a blood transfusion, he returned for-profit organization dedicated to enhancing DETECTIVE JOSEPH SMOLA to duty just two months later. the quality of senior life for the Los Angeles Last week, Gunner was laid to rest by his Japanese-American community. Keiro has brothers and sisters of the Memphis Police provided quality care, bilingual resources, and HON. JOHN KATKO Department in recognition of his life-long serv- culturally sensitive programs to the elderly OF NEW YORK ice to the safety of Memphis. Japanese American community. The Keiro fa- IN THE HOUSE OF REPRESENTATIVES As a State Senator I offered legislation to in- cilities themselves have become a cornerstone crease the penalty for shooting police dogs of the community, where families would gather Tuesday, June 28, 2016 like Gunner because an attack on a member to celebrate their rich cultural history. of the K–9 unit is an attack on all our police, As one of the original board members of Mr. KATKO. Mr. Speaker, I rise to pay trib- and we need to protect those who protect us Keiro, Frank used his finance and banking ute to the esteemed career of Detective Jo- from harm. knowledge to ensure the success of the orga- seph Smola, who served over 28 years with We are grateful for their service and we nization, which has been operating since the City of Syracuse Police Department. mourn the loss of K–9 officer Gunner. 1961. He served on the board for 42 years, Detective Smola was appointed to the Syra- f helping to make Keiro a cherished and valued cuse Police Department on September 16, institution in the Japanese American commu- HONORING MR. FRANK OMATSU 1985, and served commendably in various nity in Los Angeles and across the state of units within the Department until his retirement California. in March of 2014. As a result of his excellent HON. JUDY CHU Along with his colleagues, friends, and all service throughout his 28 years of service, he OF CALIFORNIA those whose lives he impacted through his received two Divisional Commendations, IN THE HOUSE OF REPRESENTATIVES work, I am so grateful to Frank Omatsu for his twelve Bureau Commendations, twelve De- Tuesday, June 28, 2016 lifelong dedication to Keiro and the Japanese partmental Commendations, The Meritorious American community. I congratulate him on Service Award in 2004, as well as several let- Ms. JUDY CHU of California. Mr. Speaker, this milestone, and wish him many more! ters of appreciation. I rise today to honor Mr. Frank Omatsu, an f outstanding citizen who has done so much for During my time as a federal prosecutor I his country and his community in his 92 years. IN CELEBRATION OF THE 300TH had the opportunity to serve with Detective A native Californian, Frank was born in ANNIVERSARY OF THE TOWN OF Smola as part of the Syracuse Gang Violence 1924 in Los Angeles, where he lived until the STRATHAM Task Force. Detective Smola was an integral outbreak of World War II. His family was then part of this effort for more than a decade and uprooted and forced across the country to the HON. FRANK C. GUINTA his work helped to drastically reduce the gang Jerome War Relocation Center, a Japanese presence in some of our community’s most OF NEW HAMPSHIRE violent neighborhoods. imprisonment camp in Arkansas. Frank was IN THE HOUSE OF REPRESENTATIVES only a high school student at the time, and yet For over 28 years, Detective Smola served despite the cruelty of his imprisonment, he Tuesday, June 28, 2016 with great dignity, loyalty and devotion to our never wavered in his dedication to his country. Mr. GUINTA. Mr. Speaker, I rise today to community. He has truly helped to make the When the imprisonment camps were finally recognize the 300th anniversary of the Town City of Syracuse a better, safer place for its closed, instead of returning back to the life of Stratham, New Hampshire. citizens.

VerDate Sep 11 2014 03:54 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A28JN8.009 E28JNPT1 SSpencer on DSK4SPTVN1PROD with REMARKS E1008 CONGRESSIONAL RECORD — Extensions of Remarks June 28, 2016 RECOGNIZING ALZHEIMER’S AND tant, as Alzheimer’s is the most expensive dis- cated in my congressional district. He has BRAIN AWARENESS MONTH ease in America and presents a unique cost to been married to his wife Nell for more than 36 Medicare and Medicaid. years, and they have two sons, Bryan and HON. CHRISTOPHER H. SMITH A cost estimate commissioned by the Alz- David, who work in the family agency along- OF NEW JERSEY heimer’s Association and conducted by side their father. Their family also includes IN THE HOUSE OF REPRESENTATIVES Healthsperien, a DC based health care con- daughters-in-law Leslie and Michelle along sulting firm, indicated that as a result of this with their grandson Brooks and their grand- Tuesday, June 28, 2016 legislation, net federal health spending would daughter Riley. Mr. SMITH of New Jersey. Mr. Speaker, as decrease by $692 million over the 10-year pe- I am pleased to join Randy’s colleagues we close out the month of June, Alzheimer’s riod. from across Louisiana and the nation in con- and Brain Awareness Month, it is critical to The cost estimate is based on a study track- gratulating him as he finishes his term as note that the effort to enhance treatment and ing 1,756 patients newly diagnosed with de- Chairman of the Big ‘‘I.’’ find a cure for Alzheimer’s must be prioritized mentia, depression or mild cognitive impair- f year round. Yet, there is no better time to re- ment, broken into two cohorts, one cohort re- flect upon the progress that has been made in ceiving comprehensive care planning and PERSONAL EXPLANATION this effort, the long road ahead and opportuni- chronic care management through a collabo- ties just around the corner. rative care model and the other cohort not. HON. RICHARD M. NOLAN According to the Alzheimer’s Association, The study showed a significant savings for OF MINNESOTA 5.4 million Americans suffer from Alzheimer’s those patients enrolled in the collaborative IN THE HOUSE OF REPRESENTATIVES or related dementia and as the baby boom care model as opposed to their peers and Tuesday, June 28, 2016 population ages, that number is expected to based on the study, the HOPE benefit is esti- Mr. NOLAN. Mr. Speaker, on June 21, skyrocket. This devastating disease impacts mated to have a per person savings of $600 2016, I was unavoidably detained due to a patients and families alike. Over 15 million and per person cost $200 for a 3:1 return on flight delay caused by inclement weather in family members and friends provide over 18 investment. billion hours of unpaid care to their loved ones the Washington, DC area. Passage of my legislation, which has 291 Had I been present and voting on Roll Call annually, at tremendous emotional and often bipartisan cosponsors, will empower individ- No. 334, I would have voted NO (On H.R. financial sacrifice. uals with much-needed information to outline 5525, End Taxpayer Funded Cell Phones Act Alzheimer’s is a progressive disease that af- their future treatments and care—giving pa- fects an individual’s cognitive abilities. While of 2016). tients HOPE, and a plan for their future. Had I been present and voting on Roll Call Alzheimer’s is the sixth leading cause of death In closing Mr. Speaker, I urge my col- No. 335, I would have voted AYE (On H.R. for Americans, it is the only disease among leagues to support my bill and hope that the 5388, Support for Rapid Innovation Act of the ten leading causes of death in America momentum brought to this issue during Alz- 2016). that cannot be prevented cured or even heimer’s and Brain Awareness Month carries Had I been present and voting on Roll Call slowed. forward. No. 336, I would have voted AYE (H.R. 5389, Alzheimer’s is also the most expensive dis- f Leveraging Emerging Technologies Act of ease in America and incurs catastrophic costs 2016). to Medicare and Medicaid—approximately TRIBUTE TO RANDY LANOIX $236 billion in 2016. On average, Medicare f spends three times more on seniors with Alz- HON. GARRET GRAVES HONORING THE 70TH ANNIVER- heimer’s than without. OF LOUISIANA SARY OF THE CHARTERING OF To ensure that optimum care is provided to IN THE HOUSE OF REPRESENTATIVES ARGONNE NATIONAL LABORA- every Alzheimer’s patient, we need to find in- Tuesday, June 28, 2016 TORY novative ways to improve quality of care. To this end, I have introduced legislation—the Mr. GRAVES of Louisiana. Mr. Speaker, I HON. BILL FOSTER Health Outcomes, Planning, and Education rise today to recognize Randy Lanoix of OF ILLINOIS (HOPE) for Alzheimer’s Act—which will amend Donaldsonville, Louisiana, as he nears the IN THE HOUSE OF REPRESENTATIVES the Social Security Act to add an additional end of his term as the 111th Chairman of the one-time benefit for care planning services for Independent Insurance Agents & Brokers of Tuesday, June 28, 2016 Medicare beneficiaries newly diagnosed with America, also known as the Big ‘‘I.’’ Randy Mr. FOSTER. Mr. Speaker, I rise today in Alzheimer’s disease and related dementias. was installed as Chairman of the Big ‘‘I’’ in honor of the 70th anniversary of the chartering This one time comprehensive care planning September 2015, and he has been a strong, of the U.S. Department of Energy’s Argonne session will arm patients and caregivers with thoughtful and charismatic leader for inde- National Laboratory, located in my district in Il- the facts, prognosis, and most efficacious pendent insurance agents across the country. linois. treatment plan. Randy has a strong track record in the inde- Argonne traces its beginnings to experi- It is our moral imperative to support individ- pendent agency system, serving as president ments by the renowned physicist Enrico uals with Alzheimer’s and their caregivers. We of the Independent Insurance Agents & Bro- Fermi, who led researchers in creating the have an obligation to care for our citizens as kers of Louisiana (IIABL) in 2001 and as the world’s first self-sustaining nuclear reaction. they age and we must support them as they Louisiana representative on the Big ‘‘I’’ na- From its initial mission to fulfill the promise of struggle to face the challenges of this disease. tional Board of Directors from January 2005 to the atom as a new energy source, Argonne HOPE fulfills this obligation by ensuring September 2010. He received the Lou Daniel has grown into a multidimensional laboratory quality of life for Alzheimer’s patients. These award, which is the highest honor bestowed addressing a range of major scientific and so- patients are often hospitalized because co- by the IIABL, in 2010. Randy is also a past re- cietal needs, still however, with the primary morbidities, such as diabetes, become uncon- cipient of the ‘‘Mr. Chairman’’ award for his mission to invent, innovate, and protect energy trolled when patients are no longer able to work as Louisiana’s legislative chairman and technologies for the nation. manage their own care. In other instances, his work with the Louisiana state legislature. The lab’s work now spans the spectrum medicines prescribed to control the symptoms On the national level, Lanoix has served on from basic research to applied science in of Alzheimer’s can be rendered ineffective the Professional Liability Committee, the Trust- areas including physics, materials and chem- when patients, unequipped with sufficient in- ed Choice ® Board of Directors, numerous istry, math and computer science, life formation, use them in conjunction with other task forces, and two terms on the Government sciences, renewable energy, nuclear energy, prescriptions. Care planning can ensure this Affairs Committee, where he was chairman of energy storage, transportation, establishing does not happen, ensuring that symptoms are State Government Affairs. In these leadership energy surety and securing critical infrastruc- controlled to the extent possible, so patients positions, Randy has always sought to pro- ture. And Argonne remains on the cutting can have the best quality of life. mote an environment where independent edge as it extends its expertise into new sci- Not only would HOPE improve health out- agents, in both Louisiana and across the entific endeavors including protein character- comes for Alzheimer’s patients, it would also country, can continue to thrive in their busi- ization, nanomaterials, molecular engineering mitigate the huge, unnecessary costs associ- ness and represent their customers. and urban sciences. ated with preventable trips to hospitals and Randy is the owner of the Lanoix Insurance I am pleased to have in my district a na- emergency rooms. This is especially impor- Agency in Port Allen, Louisiana which is lo- tional laboratory that is a longstanding global

VerDate Sep 11 2014 03:54 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JN8.014 E28JNPT1 SSpencer on DSK4SPTVN1PROD with REMARKS June 28, 2016 CONGRESSIONAL RECORD — Extensions of Remarks E1009 leader in battery research. Argonne continues HONORING SHERIFF CARLOS family for forty-one years. He joined the faculty to license its chemistries for use in bestselling CARRIZALES as a member of the Department of Psy- electric vehicles and has positioned itself to chology, which he later chaired. As a member meet the emerging storage needs of the new HON. FILEMON VELA of the faculty, Chick was a well-loved pro- electric grid. This unique history, combined OF TEXAS fessor, a sought after author, an inquisitive re- with its role as convener of a regional eco- IN THE HOUSE OF REPRESENTATIVES searcher, and an active participant in multiple system of governments, universities, non-prof- Tuesday, June 28, 2016 College committees. Chick also served the College in several administrative roles, most its, industries and other public and private en- Mr. VELA. Mr. Speaker, I rise today to rec- recently as Director of the Office of Strategic tities delivering innovative research and tech- ognize the late Sheriff Carlos Carrizales for a Initiatives and Corporate and Foundation Rela- nology, means Argonne National Laboratory is lifetime of distinguished service to Bee County tions. In this capacity, Chick has been pivotal a big reason why Chicago and the Midwest and the state of Texas. A selfless public serv- in ensuring that the intellectual and financial will be a focal point in the impending clean en- ant, he spent his entire career in law enforce- assets of Holy Cross were available to numer- ergy revolution. ment and served as Bee County Sheriff for the ous deserving organizations throughout my past 12 years. He will be remembered as an district. I am also proud to say that not only is Ar- admired community leader. gonne home to Mira, one of the world’s fastest In addition to his steadfast professional While Chick has certainly left his mark on supercomputers, and the Advanced Photon service to Bee County, Sheriff Carrizales was the College of the Holy Cross, it is his positive Source, the brightest X-ray source in the active in several community organizations. He impact on Central Massachusetts that is truly Western Hemisphere, but that ongoing up- served on the advisory board of the Safe and remarkable. Through both his words and dates to these and other user facilities at the Drug Free Schools and Communities program deeds, he has made the City of Worcester a lab will help maintain U.S. leadership in sci- and was a dedicated supporter of the Boys & better place. Among his many contributions, I know that he is most proud of his work with entific discovery. Girls Club. Sheriff Carrizales also enjoyed success in the Nativity School of Worcester, an all-schol- Argonne is not only a scientific, but also an sports. He earned a football scholarship to arship middle school for economically dis- economic engine for my district and the state Monterrey Tech, where in 1976, his team won advantaged boys that he helped found. With- of Illinois, as the lab employs some 3,000 peo- the Collegiate Football National Champion- out him, there would be no Nativity School. ple, attracts thousands more as visitors and ship. He earned the title Texas State Not only did Nativity School present him an scientific facility users, and spends approxi- Powerlifting Champion in 1980 and was in- award in recognition of his many contributions, mately $300 million annually through procure- ducted into the Beeville Sports Hall of Fame in the school named the award after him, and ments to a diverse group of large and small 2005 and 2006. every year presents the Charles ‘‘Chick’’ businesses to support its overall mission. He is greatly missed by Pat, his wife of 35 Weiss Award to a member of the community who lives up to Chick’s commitment to serv- Finally, by employing more than 400 grad- years, his two sons, Philip and Andy, their families, and the thousands of Beeville resi- ice—not an easy task. uate and undergraduate students each year dents he served and protected every day. In addition to his service to the Nativity and annually hosting approximately 3,000 ele- Mr. Speaker, I ask my colleagues to join me School, Chick has served on the board of the mentary, middle, and high school students for today to honor Sheriff Carrizales for his life- Central and Western Massachusetts Chapter various programs, the lab is also an important time of service to the Bee County community. of the American Red Cross; the Children’s educator and contributor to the STEM pipeline f Friend; The EcoTarium; the Greater Worcester on which future prosperity of this country de- Community Foundation and the Abby Kelly HONORING CHARLES S. WEISS, pends. Foster School, just to name a few. I am par- PH.D. Clearly, scientific research is fundamental to ticularly grateful to Chick for his leadership the progress of society. The 70th anniversary HON. JAMES P. McGOVERN role on the Blackstone Valley Visitors Center of the chartering of Argonne National Labora- Advisory Committee, a project that is particu- OF MASSACHUSETTS larly near and dear to my heart. tory is an excellent opportunity to reflect upon IN THE HOUSE OF REPRESENTATIVES the contributions this world-class institution I am pleased to congratulate Chick on his Tuesday, June 28, 2016 has made, is making, and is poised to make retirement from the College of the Holy Cross. in the years to come—across an array of es- Mr. MCGOVERN. Mr. Speaker, I rise today I know that his wife, Gayle, and son, Joe, will enjoy spending a bit more time with him, but sential, life-changing disciplines. to honor my dear friend Dr. Charles Weiss on the occasion of his retirement from the Col- I also know that his work in the City of Mr. Speaker I ask my colleagues to join me lege of the Holy Cross in Worcester, Massa- Worcester is not done. Congratulations Chick in honoring the 70th anniversary of the char- chusetts. on a professional life well lived, and best wish- tering of Argonne National Lab and I yield Dr. Weiss, also known as ‘‘Chick,’’ has been es for a happy retirement, and all that is back the balance of my time. a member of the College of the Holy Cross ahead of you.

VerDate Sep 11 2014 03:54 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A28JN8.017 E28JNPT1 SSpencer on DSK4SPTVN1PROD with REMARKS Tuesday, June 28, 2016 Daily Digest Senate dent to establish guidelines for covered United States Chamber Action foreign assistance programs, after agreeing to the fol- Routine Proceedings, pages S4591–S4681 lowing amendments proposed thereto: Page S4680 Measures Introduced: Five bills and two resolu- Rounds (for Rubio/Cardin) Amendment No. tions were introduced, as follows: S. 3102–3106, and 4927, in the nature of a substitute. Page S4680 S. Res. 513–514. Page S4641 Rounds (for Rubio/Cardin) Amendment No. Measures Reported: 4928, to amend the title. Page S4680 S. 2976, to amend the Homeland Security Act of Conference Reports: 2002 to reform, streamline, and make improvements Transportation, and Housing and Urban Devel- to the Department of Homeland Security and sup- opment, and Related Agencies Appropriations port the Department’s efforts to implement better Act: Senate continued consideration of the con- policy, planning, management, and performance, ference report to accompany H.R. 2577, making ap- with amendments. (S. Rept. No. 114–287) propriations for the Departments of Transportation, Report to accompany S. 958, to amend the Small and Housing and Urban Development, and related Business Act to provide for team and joint venture agencies for the fiscal year ending September 30, offers for certain contracts. (S. Rept. No. 114–288) 2016. Pages S4593–S4604, S4605–35 S. 2340, to require the Director of the Office of During consideration of this measure today, Senate Management and Budget to issue a directive on the also took the following action: management of software licenses, with an amend- By 52 yeas to 48 nays (Vote No. 112), three-fifths ment in the nature of a substitute. (S. Rept. No. of those Senators duly chosen and sworn, not having 114–289) voted in the affirmative, Senate rejected the motion S. Res. 432, supporting respect for human rights to close further debate on the conference report to and encouraging inclusive governance in Ethiopia. accompany the bill. Page S4598 S. Res. 482, urging the European Union to des- ignate Hizballah in its entirety as a terrorist organi- Senator McConnell entered a motion to reconsider zation and to increase pressure on the organization the vote by which cloture was not invoked on the and its members to the fullest extent possible. conference report to accompany the bill. Page S4598 S. Res. 501, expressing the sense of the Senate on House Messages: Russian military aggression. National Sea Grant College Program Amend- S. Res. 503, recognizing June 20, 2016, as ments Act—Agreement: A unanimous-consent ‘‘World Refugee Day’’. agreement was reached providing that at approxi- S. Res. 504, recognizing the 70th anniversary of mately 9:30 a.m., on Wednesday, June 29, 2016, the Fulbright Program. Senate resume consideration of the House amend- S. 1605, to amend the Millennium Challenge Act ment to S. 2328, to reauthorize and amend the Na- of 2003 to authorize concurrent compacts for pur- tional Sea Grant College Program Act, with the time poses of regional economic integration and cross-bor- until the vote on the motion to invoke cloture on der collaborations, with an amendment in the nature the motion to concur in the House amendment to of a substitute. the bill, equally divided between the two Leaders, or S. Con. Res. 38, reaffirming the Taiwan Relations their designees. Pages S4680–81 Act and the Six Assurances as cornerstones of United Removal of Injunction of Secrecy: The injunction States-Taiwan relations. Page S4638 of secrecy was removed from the following treaty: Measures Passed: Protocol to the North Atlantic Treaty of 1949 on Foreign Aid Transparency and Accountability the Accession of Montenegro (Treaty Doc. No. Act: Senate passed H.R. 3766, to direct the Presi- 114–12). D721

VerDate Sep 11 2014 04:11 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D28JN6.REC D28JNPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D722 CONGRESSIONAL RECORD — DAILY DIGEST June 28, 2016 The treaty was transmitted to the Senate today, partment of Defense; General Stanley McChrystal, considered as having been read for the first time, and USA (Ret.), McChrystal Group, Alexandria, Vir- referred, with accompanying papers, to the Com- ginia; and Amy C. Edmondson, Harvard Business mittee on Foreign Relations and ordered to be print- School, Boston, Massachusetts. ed. Page S4680 Nominations Received: Senate received the fol- THE INTERNET OF THINGS: lowing nominations: TRANSPORTATION AND Routine lists in the Air Force and Army. INFRASTRUCTURE Page S4681 Committee on Commerce, Science, and Transportation: Sub- Messages from the House: Page S4637 committee on Surface Transportation and Merchant Marine Infrastructure, Safety and Security concluded Measures Placed on the Calendar: Page S4637 a hearing to examine how the Internet of Things Executive Communications: Pages S4637–38 (IoT) can bring United States transportation and in- Petitions and Memorials: Page S4638 frastructure into the 21st century, after receiving tes- Executive Reports of Committees: Pages S4638–41 timony from Carlos Monje, Jr., Acting Under Sec- retary for Policy, and Assistant Secretary for Trans- Additional Cosponsors: Pages S4641–43 portation Policy, Department of Transportation; Statements on Introduced Bills/Resolutions: Seleta Reynolds, Los Angeles Department of Trans- Pages S4643–52 portation, Los Angeles, California; Jordan Kass, C. Additional Statements: Page S4636 H. Robinson, Chicago, Illinois, on behalf of the Transportation Intermediaries Association; Doug Amendments Submitted: Pages S4652–80 Davis, Intel Corporation, Chandler, Arizona; and Authorities for Committees to Meet: Page S4680 Robert Edelstein, AECOM, Pompano Beach, Florida. Privileges of the Floor: Page S4680 Record Votes: One record vote was taken today. SAGE GROUSE CONSERVATION OVERSIGHT (Total—112) Page S4598 Committee on Energy and Natural Resources: Sub- Adjournment: Senate convened at 10 a.m. and ad- committee on Public Lands, Forests, and Mining journed at 7:56 p.m., until 9:30 a.m. on Wednes- concluded an oversight hearing to examine the status day, June 29, 2016. (For Senate’s program, see the of the Bureau of Land Management and Forest Serv- remarks of the Acting Majority Leader in today’s ice’s efforts to implement amendments to land use Record on page S4681.) plans and specific management plans regarding sage grouse conservation, and those agencies’ coordination activities with affected states, after receiving testi- Committee Meetings mony from Jim Lyons, Deputy Assistant Secretary, (Committees not listed did not meet) Land and Minerals Management, Department of the Interior; Robert Harper, Director, Water, Fish, APPROPRIATIONS: STATE, FOREIGN Wildlife, Air and Rare Plants, Forest Service, De- OPERATIONS, AND RELATED PROGRAMS partment of Agriculture; Kathleen Clarke, Utah Committee on Appropriations: Subcommittee on State, Public Lands Policy Coordinating Office, Salt Lake Foreign Operations, and Related Programs approved City; Catherine Macdonald, The Nature Conser- for full committee consideration an original bill enti- vancy, Portland, Oregon; Brenda Richards, Public tled, ‘‘State, Foreign Operations, and Related Pro- Lands Council, Murphy, Idaho; and Katie Sweeney, grams Appropriations Act, Fiscal Year 2017’’. National Mining Association, Washington, D.C. BUSINESS MEETING MEDICARE PART B DRUG Committee on Armed Services: Committee ordered favor- DEMONSTRATION ably reported 1,677 nominations in the Army, Navy, Air Force, and Marine Corps. Committee on Finance: Committee concluded a hearing to examine the proposed Medicare Part B drug dem- DOD STRATEGIC INTEGRATION onstration, after receiving testimony from Patrick Committee on Armed Services: Committee concluded a Conway, Acting Principal Deputy Administrator, hearing to examine improving strategic integration Deputy Administrator for Innovation and Quality, at the Department of Defense, after receiving testi- and Chief Medical Officer, Centers for Medicare and mony from James R. Locher III, Distinguished Sen- Medicaid Services, Department of Health and ior Fellow, Joint Special Operations University, De- Human Services.

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GLOBAL EFFORTS TO DEFEAT ISIS tice for Victims of Trafficking Act of 2015, after re- Committee on Foreign Relations: Committee concluded ceiving testimony from Jill Steinberg, National Co- a hearing to examine global efforts to defeat ISIS, ordinator for Child Exploitation Prevention and after receiving testimony from Brett H. McGurk, Interdiction, Department of Justice; and Gretta L. Special Presidential Envoy for the Global Coalition Goodwin, Acting Director, Homeland Security and to Counter ISIL, Department of State. Justice, Government Accountability Office. NOMINATION COMBATING TERRORISM Committee on Homeland Security and Governmental Af- fairs: Committee concluded a hearing to examine the Committee on the Judiciary: Subcommittee on Over- nomination of Andrew Mayock, of Illinois, to be sight, Agency Action, Federal Rights and Federal Deputy Director for Management, Office of Manage- Courts concluded a hearing to examine the con- ment and Budget, after the nominee testified and sequences of agency efforts to deemphasize radical answered questions in his own behalf. Islam in combating terrorism, after receiving testi- mony from Andrew C. McCarthy, former Chief As- SMALL BUSINESS HEALTH CARE sistant United States Attorney for the Southern Dis- Committee on Health, Education, Labor, and Pensions: trict of New York, Department of Justice, and Mi- Subcommittee on Primary Health and Retirement chael German, New York University Law School Security concluded a hearing to examine small busi- Brennan Center for Justice, both of New York, New ness health care, focusing on costs and options, after York; Philip B. Haney, former Customs and Border receiving testimony from Tom Glause, Wyoming In- Protection Officer, Department of Homeland Secu- surance Commissioner, Cheyenne; Warren S. Hudak, rity, Marietta, Georgia; M. Zuhdi Jasser, American Jr., Hudak and Company, New Cumberland, Penn- Islamic Forum for Democracy, Phoenix, Arizona; sylvania, on behalf of the National Federation of Farhana Y. Khera, Muslim Advocates, Oakland, Independent Business; Thomas M. Harte, Landmark California; J. Richard Cohen, Southern Poverty Law Benefits, Hampstead, New Hampshire, on behalf of Center, Montgomery, Alabama; and Chris Gaubatz, the National Association of Health Underwriters; Understanding the Threat, Ferrum, Virginia. and Sarah Lueck, Center on Budget and Policy Prior- ities, Washington, D.C. INTELLIGENCE JUSTICE FOR VICTIMS OF TRAFFICKING Select Committee on Intelligence: Committee held closed ACT hearings on intelligence matters, receiving testimony Committee on the Judiciary: Committee concluded a from officials of the intelligence community. hearing to examine the implementation of the Jus- Committee recessed subject to the call. h House of Representatives H.R. 2990, to provide for the conduct of dem- Chamber Action onstration projects to test the effectiveness of sub- Public Bills and Resolutions Introduced: 24 pub- sidized employment for TANF recipients, with an lic bills, H.R. 5587–5610, were introduced. amendment (H. Rept. 114–646); Pages H4185–86 H.R. 4582, to exclude striped bass from the anad- Additional Cosponsors: Pages H4187–88 romous fish doubling requirement in section 3406(b)(1) of the Central Valley Project Improve- Reports Filed: Reports were filed today as follows: ment Act, and for other purposes, with an amend- H.R. 2959, to prevent States from counting cer- ment (H. Rept. 114–647); and tain expenditures as State spending to reduce TANF H.R. 2952, to provide payments to States for in- work requirements, with an amendment (H. Rept. creasing the employment, job retention, and earnings 114–644); of former TANF recipients, with an amendment (H. H.R. 2966, to amend the purposes of TANF to Rept. 114–648). Page H4185 include reducing poverty by increasing employment entry, retention, and advancement, with an amend- ment (H. Rept. 114–645);

VerDate Sep 11 2014 04:11 Jun 29, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D28JN6.REC D28JNPT1 SSpencer on DSK4SPTVN1PROD with DIGEST D724 CONGRESSIONAL RECORD — DAILY DIGEST June 28, 2016 Speaker: Read a letter from the Speaker wherein he of fire-retardant materials, S. 3088, to provide a deadline appointed Representative Harris to act as Speaker for compliance with an alternate safety compliance pro- pro tempore for today. Page H4183 gram, S. 3087, to establish the American Fisheries Advi- sory Committee to assist in the awarding of fisheries re- Senate Message: Message received from the Senate search and development grants, S. 3059, to reauthorize by the Clerk and subsequently presented to the and amend the John H. Prescott Marine Mammal Rescue House today appears on page 4183. and Response Grant Program, S. 2219, to require the Senate Referrals: S. 795 was referred to the Com- Secretary of Commerce to conduct an assessment and mittee on Oversight and Government Reform and analysis of the outdoor recreation economy of the United the Committee on Armed Services. S. Con. Res. 39 States, S. 3086, to reauthorize and amend the Marine De- bris Act to promote international action to reduce marine was referred to the Committee on Armed Services. debris, an original bill entitled, ‘‘Access for Sportfishing Page H4183 Act of 2016’’, and the nominations of Peggy E. Gustaf- Quorum Calls—Votes: There were no Yea and Nay son, of Maryland, to be Inspector General, Department of votes, and there were no Recorded votes. There were Commerce, and Michael A. Khouri, of Kentucky, to be no quorum calls. a Federal Maritime Commissioner, 10 a.m., SR–253. Committee on Environment and Public Works: Sub- Adjournment: The House met at 5 p.m. and ad- committee on Superfund, Waste Management, and Regu- journed at 5:06 p.m. latory Oversight, to hold an oversight hearing to examine the Environmental Protection Agency enforcement and Committee Meetings compliance programs, 2:30 p.m., SD–406. Committee on Health, Education, Labor, and Pensions: to No hearings were held. hold hearings to examine Every Student Succeeds Act im- plementation, focusing on an update from the Secretary Joint Meetings of Education on proposed regulations, 10 a.m., SD–430. Committee on Homeland Security and Governmental Affairs: No joint committee meetings were held. to hold hearings to examine preparing for and protecting f the nation from Zika, 10 a.m., SD–342. Committee on Indian Affairs: to hold hearings to examine COMMITTEE MEETINGS FOR WEDNESDAY, S. 2796, to repeal certain obsolete laws relating to Indi- JUNE 29, 2016 ans, S. 2959, to amend the White Mountain Apache (Committee meetings are open unless otherwise indicated) Tribe Water Rights Quantification Act of 2010 to clarify the use of amounts in the WMAT Settlement Fund, and Senate S. 3013, to authorize and implement the water rights Committee on Appropriations: business meeting to markup compact among the Confederated Salish and Kootenai an original bill entitled, ‘‘State, Foreign Operations, and Tribes of the Flathead Indian Reservation, the State of Related Programs Appropriations Act, Fiscal Year 2017’’, Montana, and the United States, 2:30 p.m., SD–628. 2 p.m., SD–106. Committee on the Judiciary: to hold hearings to examine Committee on Commerce, Science, and Transportation: busi- protecting older Americans from financial exploitation, ness meeting to consider S. 3084, to invest in innovation 10 a.m., SD–226. through research and development, and to improve the Committee on Small Business and Entrepreneurship: to hold competitiveness of the United States, S. 827, to amend hearings to examine the consequences of dwindling start- the Communications Act of 1934 to ensure the integrity up activity, 10 a.m., SR–428A. of voice communications and to prevent unjust or unrea- Committee on Veterans’ Affairs: to hold hearings to exam- sonable discrimination among areas of the United States ine S. 244, to require an independent comprehensive re- in the delivery of such communications, S. 2770, to view of the process by which the Department of Veterans amend the Communications Act of 1934 to require pro- Affairs assesses cognitive impairments that result from viders of a covered service to provide call location infor- traumatic brain injury for purposes of awarding disability mation concerning the telecommunications device of a compensation, S. 603, to amend title 38, United States user of such service to an investigative or law enforcement Code, to make permanent the authority of the Secretary officer in an emergency situation involving risk of death of Veterans Affairs to transport individuals to and from or serious physical injury or in order to respond to the facilities of the Department of Veterans Affairs in connec- user’s call for emergency services, S. 2997, to direct the tion with rehabilitation, counseling, examination, treat- Federal Communications Commission to commence pro- ment, and care, S. 2210, to require the Secretary of Vet- ceedings related to the resiliency of critical telecommuni- erans Affairs to carry out a program to establish peer spe- cations networks during times of emergency, S. 1717, to cialists in patient aligned care teams at medical centers amend title 46, United States Code, to exempt old vessels of the Department of Veterans Affairs, S. 2279, to require that only operate within inland waterways from the fire- the Secretary of Veterans Affairs to carry out a program retardant materials requirement if the owners of such ves- to increase efficiency in the recruitment and hiring by the sels make annual structural alterations to at least 10 per- Department of Veterans Affairs of health care workers cent of the areas of the vessels that are not constructed that are undergoing separation from the Armed Forces, to

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create uniform credentialing standards for certain health Affairs, S. 3055, to amend title 38, United States Code, care professionals of the Department, S. 2316, to amend to provide a dental insurance plan to veterans and sur- title 38, United States Code, to expand the requirements vivors and dependents of veterans, S. 3076, to amend for reissuance of veterans benefits in cases of misuse of title 38, United States Code, to authorize the Secretary benefits by certain fiduciaries to include misuse by all fi- of Veterans Affairs to furnish caskets and urns for burial duciaries, and to improve oversight of fiduciaries, S. in cemeteries of States and tribal organizations of veterans 2791, to amend title 38, United States Code, to provide without next of kin or sufficient resources to provide for for the treatment of veterans who participated in the caskets or urns, S. 3081, to amend title 38, United States cleanup of Enewetak Atoll as radiation exposed veterans Code, to provide certain employees of members of Con- for purposes of the presumption of service-connection of gress with access to case-tracking information of the De- certain disabilities by the Secretary of Veterans Affairs, S. partment of Veterans Affairs, an original bill to clarify 2958, to establish a pilot program on partnership agree- the scope of procedural rights of members of the uni- ments to construct new facilities for the Department of formed services with respect to their employment and re- Veterans Affairs, S. 3021, to amend title 38, United employment rights, to improve the enforcement of such States Code, to authorize the use of Post-9/11 Educational employment and reemployment rights, an original bill to Assistance to pursue independent study programs at cer- expand eligibility for readjustment counseling to certain tain educational institutions that are not institutions of members of the Selected Reserve of the Armed Forces, an higher learning, S. 3023, to provide for the reconsider- original bill to authorize payment by the Department of ation of claims for disability compensation for veterans Veterans Affairs for the costs associated with service by who were the subjects of experiments by the Department medical residents and interns at facilities operated by In- of Defense during World War II that were conducted to dian tribes and tribal organizations, to require the Sec- assess the effects of mustard gas or lewisite on people, S. retary of Veterans Affairs to carry out a pilot program to 3032, to provide for an increase, effective December 1, expand medical residencies and internships at such facili- 2016, in the rates of compensation for veterans with serv- ties, and an original bill to authorize the American Battle ice-connected disabilities and the rates of dependency and Monuments Commission to acquire, operate, and main- indemnity compensation for the survivors of certain dis- tain the Lafayette Escadrille Memorial in Marnes-la-Co- abled veterans, S. 3035, to require the Secretary of Vet- quette, France, 2:30 p.m., SR–418. erans Affairs to carry out a pilot program to increase the use of medical scribes to maximize the efficiency of physi- House cians at medical facilities of the Department of Veterans No hearings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, June 29 9 a.m., Friday, July 1

Senate Chamber House Chamber Program for Wednesday: Senate will resume consider- Program for Friday: House will meet in Pro Forma ses- ation of the House amendment to S. 2328, National Sea sion at 9 a.m. Grant College Program Amendments Act, and vote on the motion to invoke cloture on the motion to concur in the House amendment to the bill at approximately 10:30 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Conaway, K. Michael, Tex., E1005 McGovern, James P., Mass., E1009 Foster, Bill, Ill., E1008 Nolan, Richard M., Minn. E1008 Boyle, Brendan F., Pa., E1005 Graves, Garret, La., E1008 Richmond, Cedric L., La., E1004 Buchanan, Vern, Fla., E1003 Guinta, Frank C., N.H., E1007 Smith, Christopher H., N.J., E1008 Chu, Judy, Calif, E1007 Harper, Gregg, Miss., E1004 Vela, Filemon, Tex., E1005, E1009 Cohen, Steve, Tenn., E1007 Katko, John, N.Y., E1007

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