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

Vol. 162 WASHINGTON, WEDNESDAY, APRIL 13, 2016 No. 56 Senate The Senate met at 9:30 a.m. and was this bipartisan FAA reauthorization TRIBUTE TO CHRISTINE CATUCCI called to order by the President pro and security bill. I appreciate his work tempore (Mr. HATCH). with the Aviation Subcommittee chair, Mr. MCCONNELL. Mr. President, 40 years ago this week, Christine Catucci f Senator AYOTTE, and their counter- parts, Senator NELSON and Senator set out to spend her summer as a tour PRAYER CANTWELL, to move this important bill guide at the Capitol. She still remem- The Chaplain, Dr. Barry C. Black, of- forward. bers her first day in the summer of fered the following prayer: There are several good security 1976. It was a much different time back Let us pray. measures included in the bill, such as then, without the screening protocols Almighty God, the refuge of the dis- increased efforts to prevent cyber secu- and limitations on where visitors could tressed, thank You that in our troubles rity risks and efforts to help better go as we have today. Christine parked You sustain us with Your loving kind- prepare us when it comes to commu- her car and walked straight up the ness and tender mercy. Forgive us nicable diseases. But these Senators main Rotunda steps, ready to work. when we neglect to find in You a shel- didn’t stop there; they worked to in- She didn’t have intentions of staying ter from life’s storms. clude additional safety measures in an past the summer, much less for four Today, fill our Senators with a vi- amendment that passed by a bipartisan decades. But today, some 16 Sergeants brant faith. Give them complete con- majority. fidence in Your providential leading. Here is what we know the amend- at Arms and 7 Presidential administra- May the fire of Your love consume all ment will do: It will help prevent the tions later, Christine is still a smiling, things in their lives that displease You. ‘‘inside threat’’ of terrorism by enhanc- friendly face to those who enter, which As they are led by Your Spirit, give ing inspections and vetting of airport is important because, as director of the them Your peace. employees. It will require a review of Senate Appointment Desk, she is often We pray in Your sacred Name. Amen. perimeter security. It will also improve the first person a visitor sees when vis- f various efforts to secure international iting the Capitol. flights coming into our airports. As the years have gone by, PLEDGE OF ALLEGIANCE In addition to these steps designed to Christine’s responsibilities and admira- The President pro tempore led the ramp up security, we also adopted an tion for the Senate have grown. She Pledge of Allegiance, as follows: amendment from Senator HEINRICH still considers it an honor and a privi- that would increase security in I pledge allegiance to the Flag of the lege to help those visiting the Capitol, prescreening areas which could be vul- United States of America, and to the Repub- and that is true, she says, ‘‘whether it lic for which it stands, one nation under God, nerable to terror attacks. And Sen- is an official business visitor or a ‘star- indivisible, with liberty and justice for all. ators TOOMEY and CASEY have worked ry-eyed’ tourist.’’ She says that she f tirelessly to get the Senate to pass an amendment addressing the security of loves seeing the awe people have when RECOGNITION OF THE MAJORITY cockpit doors. they visit the Capitol and she is proud LEADER These three amendments, put forth to be a part of that experience. The PRESIDING OFFICER (Mr. by Republicans and Democrats, empha- The joy this institution and this ca- PAUL). The majority leader is recog- size the bipartisan nature of this issue reer have brought to Christine obvi- nized. and of this bipartisan FAA reauthor- ously made a pretty big impact on the f ization and security bill. love of her life, her daughter Nichole. Nearly 60 amendments from both FAA REAUTHORIZATION BILL Nichole works just one floor up from sides were accepted in committee, and her mom, and in Christine’s words, she Mr. MCCONNELL. Mr. President, more than a dozen from both sides were is ‘‘a constant reminder . . . that fam- whether traveling for business or lei- accepted here on the floor. I encourage ily comes first.’’ sure, American passengers want to feel Members to continue working across safe and informed when flying. They the aisle to move this bill forward. Today, Christine’s Senate family also want to feel assured that in light As the chairman reminded us yester- would like to congratulate her on this of recent terror attacks, more is being day, this bill contains the most com- notable milestone. We thank her for done in our airports and in our skies. prehensive set of aviation security re- her four decades of steadfast service, Chairman THUNE knows this, and that forms in years. So let’s take the next and we look forward to seeing the im- is why he has worked attentively with step in passing this legislation and get- pact she will continue to make here in Members from both sides to put forth ting it one step closer to becoming law. the Capitol.

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

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VerDate Sep 11 2014 01:19 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.000 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S1984 CONGRESSIONAL RECORD — SENATE April 13, 2016 RECOGNITION OF THE MINORITY from that one experience. She does All it took was one phone call, obvi- LEADER have a disarming smile, for which we ously, from the Republican leader for The PRESIDING OFFICER. The should all be grateful. I know I am. Senator GRASSLEY to abandon any pre- Democratic leader is recognized. She has been here for 40 years. The tense of transparency and shut the only person who has been here as a American people out of the Supreme f Senator longer than Christine is PAT Court nomination process—shut them AN ENJOYABLE DIVERSION LEAHY from Vermont. She has senior- out. ity over everybody except Senator This is the same Senator who once Mr. REID. Mr. President, no matter LEAHY. said, ‘‘As a matter of principle, the what work or occupation one has, it is Her career began in the last year of American people need to be made always good to have a diversion away Gerald Ford’s Presidency. She worked aware of any action that prevents a from their duties of the day. as a tour guide, chaperoning people matter from being considered by their I am very careful about never speak- through the Capitol and giving people elected Senators.’’ ing for the Republican leader, but I will explanations as to what they were Nothing that Senator GRASSLEY has make an exception today and talk a looking at at the time. In 1980 she done with respect to the Supreme little bit about my friend the Repub- moved to the Office of the Doorkeeper Court vacancy meets his own standard lican leader. of the Senate and moved through a for transparency. We both find a diversion during base- number of positions there for 11 years. There was no transparency when the ball season. We can leave here—it real- In 1991, she arrived at the Senate Ap- Judiciary Committee chairman and his ly doesn’t matter what time; usually pointment Desk, where she has worked Republican committee members shut the games are at night—and we can for the last 25 years. She is the direc- Democrats out and met with the Re- watch the Nationals play baseball. The tor, overseeing a staff of nine. publican leader behind closed doors. Republican leader and I have talked Over the years, she has developed a There was no transparency when he about this often—how much we enjoy close relationship with Senators and twisted the arms of his own committee the games—and we have enjoyed the staff, and she can recount with pleas- members to sign a loyalty oath, again games much more since this young ure the times that Senator Robert behind closed doors. There was no man from Las Vegas, Bryce Harper, is Byrd—the legendary Robert Byrd from transparency when he sought to move on the baseball team, the Washington West Virginia—would invite her and a public committee meeting behind Nationals. He comes from a great fam- some of her coworkers to have lunch closed doors just to avoid talking ily, a working family. His father was with him in his Capitol office. He about the Supreme Court nomination. an ironworker. They are a close family. didn’t eat much, if anything, but he And there was certainly no trans- Prior to the Nationals even having a talked all the time, telling stories. I parency on Tuesday—yesterday—when team here—I have been here a long was the recipient of a number of the at 8 o’clock in the morning he met time—I followed the Orioles, and just stories of the late, great Senator Byrd. downstairs with Judge Merrick Gar- as a side note, I should mention how The Senate is her family, literally. land in the private Senate Dining happy I am for Peter Angelos, the Her father was a Senate doorkeeper Room moments before slipping out the owner, that fine man, that his team is from 1967 to 1977. Her daughter Nichole back door to avoid reporters. This is doing so well this year. They are 7 and works in the cloakroom right behind how CNN reported it: ‘‘The Iowa Sen- 0. us. That is three generations of Senate ator left the high-profile but out-of- So Senator MCCONNELL and I enjoy staffers. sight meeting via a backdoor that baseball season. It gives us an oppor- It was Nichole who summed up every- leads to his private ‘hideaway.’ ’’ tunity to focus on things other than thing great about her mother for me One television station in Iowa put it what is going on in the Senate. when she said: ‘‘My mom raised me all this way: ‘‘Grassley evaded reporters.’’ f by herself and did an amazing job as a This is the same Senator who once single mom while working full-time.’’ supported cameras in Federal court- TRIBUTE TO CHRISTINE CATUCCI So this is Christine Catucci. It is her rooms, including the Supreme Court. Mr. REID. Mr. President, I join with work ethic and caring dedication that Why? To increase transparency, so he the Republican leader today in hon- she has brought to the Senate every said. But Senator GRASSLEY only wants oring Christine Catucci on the occa- day for the last 40 years—four decades. transparency to apply to others, I sion, which has already been men- Thank you very much for being a part guess not to himself. When it comes to tioned, of her 40th anniversary of work- of our Senate family. transparency, his attitude is strictly: ing for the U.S. Senate. f ‘‘Do as I say, not as I do.’’ In any given year, about 21⁄2 million TRANSPARENCY IN GOVERNMENT He won’t even apply a degree of that people visit this beautiful building. Bill same openness as he blocks a nominee Dauster, who is here with me and is Mr. REID. Mr. President, throughout to the highest Court in the land. There with me virtually every day, every his career in the Senate, the senior will be no transparency if Senator place I go, was just commenting before Senator from Iowa has styled himself GRASSLEY fails to call an open hearing the prayer was given how fortunate we as an advocate for transparency in gov- where Chief Justice Garland can are to work in this magnificent build- ernment. A number of years ago he present himself to the American peo- ing. And as the Republican leader men- said: ple. tioned in his comments about Ms. I believe in the principle of open govern- I have had people ask me: Why Catucci, people become starry-eyed ment. Lack of transparency in the public wouldn’t there be a hearing? Well, it is looking at this building. We are here policy process leads to cynicism and distrust obvious. They are all afraid. The chair- of public officials. . . . As a matter of prin- all the time, and we may not appre- ciple, the American people need to be made man of the Judiciary Committee is ciate it as much as we should every aware of any action that prevents a matter afraid that this good man, if the Amer- day. It is a beautiful building. from being considered by their elected Sen- ican people see him, will understand For those of us who are fortunate ators. why he is a nomination that couldn’t enough to venture over to the place He reiterated his beliefs just a few be better. They are afraid to allow this where she works—down on the first days ago here in this Chamber, and man to be seen by the American public. floor is where she spends most of her here is what he said last week: Talking about transparency, there day, and that is where most of the peo- The principle of government transparency won’t be any if the Republican Sen- ple come into that floor—you will see a is one that does not expire. . . . Open govern- ators aren’t going to be able to even great smile. That smile belongs to her. ment is good government. And Americans have a vote on the nomination. I first saw that smile many years ago. have a right to a government that is ac- All of this that has been going on is We had a Senate retreat. She was there countable to its people. not like the Senator GRASSLEY who I to help staff us, and she played a vital So Senator GRASSLEY’s commitment have served with for more than three role in making sure the retreat worked to transparency is as shallow as the decades. By carrying out the present well. I have always remembered her shallowest puddle you could find. leader’s failed strategy to undermine

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To have served the job with prehensive aviation security enhance- hind closed doors with private con- Judge Tom Staff on the federal bench for 12 ments of any FAA reauthorization in versations that shut the American peo- years is a singular honor. A giant has fallen recent history. This bill helps pas- . . . this remarkable man left a legacy of ple out of the important confirmation love of family, of duty and honor and love of sengers and Americans who use the na- process. If the senior Senator from this nation, its judicial system and the rule tional airspace for many different Iowa truly believes in transparency, he of law. transportation needs. For example, since the last reauthor- should simply do his job and give The colleague continues: Merrick Garland a hearing and a vote. ization of the Federal Aviation Admin- Tom Stagg loved being a federal judge. We istration in 2012, the use of drones has Mr. President, there appears to be no will all miss him. one seeking the floor. Will the Pre- increased dramatically. According to Judge Stagg assumed senior status siding Officer announce the business of its most recent aerospace forecast, the on the court in 1992, but he didn’t re- the day. FAA estimates that annual sales of tire. He maintained a full caseload, both commercial and hobby unmanned f serving on Federal circuit courts of ap- aircraft could be 2.5 million in 2016—a RESERVATION OF LEADER TIME peals panels. Judge Stagg loved being a number they estimate may increase to judge, but his love for the job also The PRESIDING OFFICER. Under 7 million units annually by 2020. But came second after his love for his fam- the FAA has an outdated legislative the previous order, the leadership time ily. Judge Stagg married the former is reserved. framework being used to shape the use Mary Margaret O’Brien in 1946 and is of this rapidly growing technology for f survived by her and their two grand- both hobbyists and commercial opera- children, Julie and Margaret Mary. MORNING BUSINESS tors. This is slowing down innovation I yield the floor. and advancements in safety. Our bill The PRESIDING OFFICER. Under I suggest the absence of a quorum. gives the FAA new authority to en- the previous order, the Senate will be The PRESIDING OFFICER. The force safe drone usage. This includes in a period of morning business for 1 clerk will call the roll. efforts to make sure drone users know hour, with Senators permitted to speak The legislative clerk proceeded to and follow basic rules of the sky to therein for up to 10 minutes each. call the roll. avoid dangerous situations. Mr. REID. I suggest the absence of a Mr. THUNE. Mr. President, I ask To support job growth in the aero- quorum. unanimous consent that the order for space industry, our legislation reforms The PRESIDING OFFICER (Mr. COT- the quorum call be rescinded. the process the FAA uses for approving TON). The clerk will call the roll. The PRESIDING OFFICER. Without new aircraft designs. Our goal is to The legislative clerk proceeded to objection, it is so ordered. shorten the time it takes for U.S. aero- call the roll. f space innovations to go from design Mr. CASSIDY. Mr. President, I ask boards to international markets while unanimous consent that the order for CONCLUSION OF MORNING BUSINESS maintaining safety standards. the quorum call be rescinded. For the general aviation community, The PRESIDING OFFICER. Without The PRESIDING OFFICER. Morning we are also streamlining redtape and objection, it is so ordered. business is closed. adding safety enhancements for small f f aircraft by including provisions from the Pilot’s Bill of Rights 2. REMEMBERING THOMAS EATON AMERICA’S SMALL BUSINESS TAX Finally, we increase authorized fund- STAGG, JR. RELIEF ACT OF 2015 ing for the Airport Improvement Pro- Mr. CASSIDY. Mr. President, I rise The PRESIDING OFFICER. Under gram, which pays for infrastructure in support of designating the Shreve- the previous order, the Senate will re- like runways, by $400 million with ex- port Federal Building as the ‘‘Tom sume consideration of H.R. 636, which isting surplus funds. This allows us to Stagg Federal Building and United the clerk will report. help meet pressing construction needs States Courthouse.’’ The Honorable The senior assistant legislative clerk without raising taxes or fees on the Thomas or ‘‘Tom’’ Eaton Stagg, Jr., of read as follows: traveling public. Shreveport passed away last June. He A bill (H.R. 636) to amend the Internal Rev- We developed this bill through a ro- was an inspirational figure. enue Code of 1986 to permanently extend in- bust and open process that allowed He graduated from Byrd High School creased expensing limitations, and for other every member of the Commerce Com- in Shreveport and joined the U.S. purposes. mittee to help guide the content of this Army preparing for World War II. He Pending: critical aviation legislation. Last year rose to the rank of captain, earning the McConnell (for Thune/Nelson) amendment the Commerce Committee held six Combat Infantryman Badge, a Bronze No. 3679, in the nature of a substitute. hearings on topics that helped inform Star for valor, another Bronze Star for Thune amendment No. 3680 (to amendment our legislation. At the committee meritorious service, the Purple Heart No. 3679), of a perfecting nature. markup last month, we accepted 57 with oak leaf cluster. The PRESIDING OFFICER. The Sen- amendments, 34 of which were spon- At one point, he was saved from ator from South Dakota. sored by Democrats and 23 of which death when a German bullet was Mr. THUNE. Mr. President, I wish to were sponsored by Republicans. stopped by a Bible he carried in his speak briefly to the legislation before Since debate began on the bill last pocket. It was as if he was fated to live. us, the FAA reauthorization. week, we have successfully included an After World War II, Tom attended The Committee on Commerce, additional 19 amendments here on the Cambridge and then LSU Law Center Science, and Transportation, which I floor of the Senate. Ten of these and then served in private practice. chair, was instrumental in bringing amendments are sponsored by Demo- Tom’s reputation was described as a this bill to the floor. Our committee crats and nine by Republicans. combination of ‘‘intelligence, spirit, has a long and proud history of bipar- This bill deserves the Senate’s sup- patriotism, wisdom and wit’’ and re- tisan cooperation on important mat- port. I urge Members to remember all sulted in his nomination to serve on ters under its jurisdiction. This ex- of the important improvements this the Federal bench for the Western Dis- tends to the bill before us today, the legislation puts in place for aviation trict of Louisiana in 1974. He was Federal Aviation Administration Reau- security, consumer protection efforts, named chief judge in 1984, a position he thorization Act of 2016, which I, along American innovation, safety, and job

VerDate Sep 11 2014 23:51 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.003 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S1986 CONGRESSIONAL RECORD — SENATE April 13, 2016 creation. I hope we will be able to send worked very carefully throughout this As details come out about what hap- this bill to the House soon. We are on process to make sure it is an open proc- pened in Brussels in that terrorist at- a pathway that will enable us to do ess and incorporates the best ideas tack, every American has their secu- that. As I mentioned before, we have from both sides. Today we have in rity and their family in mind. I con- had a number of amendments that have front of us a bill which I think does tinue to pray for the victims of those been disposed of, processed here on the that, and that is the reason I think it awful attacks and work to determine floor already. Nineteen amendments is very worthy of our Members’ sup- the best way our great Nation can con- have been added to the bill since it port. front this threat. came to the floor, in addition to the 57 We have had a lot of participation. As the only Member of this body who we adopted at the committee level. Members of our committee on both serves on both the Homeland Security I want to credit the hard work that sides have had ample opportunities to and the Intelligence Committees, I has been done by the staffs on both get amendments considered and voted have the privilege to ensure that Okla- sides. The Commerce Committee staff on, 57 of which were adopted during the homans and Americans have a strong obviously has been very involved on committee deliberations on this. It is voice in the discussion over our Na- the majority side as well as the minor- the product of a lot of work. tion’s national security priorities. ity side in helping to shape this as it I think we are at a place that when There is no simple solution, though, came out of the committee and to the we report this out, it is a product we and there is no single method to con- floor. Lots of hours were put into get- can be proud of, and we can send it to front terrorism. But we must be abso- ting us to where we are today. I think the House of Representatives in hopes lutely clear that terrorists will find no where we are is we have a bipartisan that they will pick it up or, if they de- quarter in the land of the free, in the bill which has been broadly supported cide to pass their own version of this home of the brave. coming out of the committee, which legislation, meet us in conference As a member of the Senate Intel- has numerous safety enhancements in where we can work out the differences ligence Committee, I walk behind a it—the most we have seen in a decade— but get these important safety meas- heavy door several times a week to hear the sobering details about foreign and a bill which is worthy of all Sen- ures—these important measures that threats and the amazing work that ators’ support. will support jobs and innovation in our Having said that, there are other economy—onto the President’s desk Americans do to confront them. I wish amendments that have been filed. I am where they can be signed into law and we could talk about all those things not sure what the number is today, but can be implemented and put into ef- here because I believe Americans would be very proud of the work that is going we had 198 amendments filed to the fect. bill, and we are continuing to work That is where we are at the moment. on. We can talk about disrupted terrorist with the sponsors of those amendments Again, I thank all of our colleagues for plots and insight into adversaries’ to try to get additional amendments their cooperation to date and hope that plans that allow us to adjust and to adopted. We obviously have to have co- we can see more of that moving for- prepare and to confront those terror- ward because it will enable us, in my operation from Members on both sides ists before they bring the fight here. view, to continue to strengthen this in order for that to happen. We have a There are hard questions behind those bill before it gets to its ultimate pas- list of another 10 or a dozen amend- closed doors. Oversight should be ex- ments we think could be cleared and sage, which I hope will be sometime pected, and open discussions should be could be added to the legislation, but later this week. We have been on it expected. we are going to need Members who cur- now for a couple of weeks, and it is Let me say today how incredibly rently have holds on that process to time to get it off the floor, get it to the grateful I am for the people in the in- lift those holds. House, and, hopefully, eventually onto telligence community who work hard We are on a glidepath to getting this the President’s desk. every single day. Members of our mili- bill to votes coming up tomorrow, so I yield the floor. tary and members of law enforcement we have today and perhaps part of to- The PRESIDING OFFICER. The Sen- around the country wear uniforms, and morrow in which to process additional ator from Oklahoma. we get a chance to say thank you to amendments. I hope Members will de- TERRORISM them personally when we see them. cide to work with us. We think this bill Mr. LANKFORD. Mr. President, as I But members of the intelligence com- has obviously been very well vetted. As traveled all over Oklahoma during the munity are patriotic Americans who I said, it was debated heavily at the State work weeks in March, I heard the are working to protect their families committee level, and we have now had concerns over and over from families in and our families every day. We don’t opportunities to offer amendments on my State about terrorism. I talked get to say thank you to them because the floor. But there are always ways in with a gentleman in Coalgate, OK, who we don’t know who they are. But let which it can be improved. There are a absolutely could not understand how me say thank you to them today from lot of worthy amendments that Mem- the United States could release $1 bil- our country. bers have interest in adding to this leg- lion to Iran the same month that rural Right now, members of radical Is- islation, some of which are germane to hospitals across our State and across lamic groups around the world are call- the legislation, some of which are not. America were facing new cuts from ing out on social media, through Obviously, once we get to cloture on CMS in new criteria there. That $1 bil- encrypted messages and in public fo- the bill, only those amendments that lion that was sent by the United States rums around the world, for the small are germane will be able to be voted to Iran could have bailed out every sin- minority of Muslims who believe as on, but we would like to get other gle rural hospital in America. they do and who believe in their hate- amendments processed. I talked to a mom in Lawton who did filled doomsday mission. They tell peo- So what I am saying is that through- not understand why there was a con- ple that if they believe as they do, they out the day today, if Members will versation in DC about closing the should kill as they do. ISIS is enraged work with us, and for those who cur- Guantanamo Bay detention facility by our views about free speech, free- rently have holds on that process mov- and bringing those individuals into the dom of religion, girls attending school, ing forward, if you would lift those, it United States. equal pay, equal opportunity, and even will enable us to process a lot of I talked to a dad in Tulsa, a dad of a voting in elections. It is almost impos- amendments Senators are interested in soldier, who wanted to know what is sible for Americans to imagine their having added to the bill. happening with terrorism and what is hatred for the modern world and for We will continue throughout the day America’s response. freedom and basic human rights. to negotiate with Members and hope- I talked to an Oklahoma business How do you win against an enemy fully have an additional list of amend- owner who is very concerned about like that? You confront them is how ments that we can adopt. I would say cyber security and the threat of foreign you do it, not ignore them. You deal again that my colleague, the ranking governments attacking his network with their ideology that spreads like a Democrat on the Commerce Com- and other networks and businesses cancer around social media platforms mittee, Senator NELSON and I have around the country. around the world.

VerDate Sep 11 2014 23:51 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.005 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S1987 Some people say poverty and lack of fight for them or to fight where they ury’s Office of Terrorism and Financial education creates radicalism. There are. We are Americans. We lose track Intelligence, and he communicated to are billions of people in the world who of that at times, I am afraid. No one in me exactly what everyone already live in poverty, and most of them do the world has the same logistical capa- knows and fears—that Iran has become not practice this particular form of bility as the United States of America. even more of a destabilizing factor in radical Islam. The shooters in San No one in the world has the most the region after the nuclear deal was Bernardino, CA, weren’t living in pov- moral, most powerful military in the signed. erty or lacking in education. The kill- world like the United States of Amer- This is clearly evident in Iran’s con- ers in Paris and Brussels were not iso- ica. No one has our intelligence capa- tinued, unabashed support for ter- lated and poor. While refugees and iso- bility. No one in the world has our Tax rorism and terrorist organizations such lated communities in poverty are un- Code planning capability. So the whole as Hezbollah, their propping up of the doubtedly breeding grounds for anger world is waiting on America to decide Assad regime in Syria—a government and frustration, that is not the pri- what we are going to do so they can de- that continues to blow up its own peo- mary cancer of terrorism. There are cide if they are going to join us in this ple and butcher its own people—and millions of people living as refugees in fight against this radical Islamic ter- Iran’s shipments of weapons to rebels the world right now who are not ex- rorism. It is not about massive troops in Yemen to be able to fuel their civil tremists. They are not terrorists; they on the ground; it is about a clear plan war there, right on Saudi Arabia’s just want peace so they can go home and a clear strategy to carry it out. It southern border. and have a normal life again. is why the Russians currently look We haven’t even discussed Iran’s We do have a moral and national se- more mobile and more capable than us testing of ballistic missiles in direct curity obligation to help the vulner- all of a sudden. violation of international law. If Iran able when we can. The refugee crisis is So the ‘‘now what’’ question rises can’t be trusted to uphold the law now, immense, and it is affecting millions large in this body. how can it be trusted to be able to up- worldwide. Many countries are at the No. 1, there are multiple proposals in hold some agreement which it hasn’t brink, and we need to stay engaged. State and foreign operations for how even signed? That is the Joint Com- But America has already given billions we can engage in peaceful activities: prehensive Plan of Action. of dollars in aid. No country—no coun- helping refugees, helping those in pov- Congressionally imposed sanctions try has done more for the refugees than erty, helping to bring education to on Iran is what brought the Ayatollah the United States. Our logistics, our places, helping engage diplomatically to the negotiating table. Let’s be hon- support, and our financial aid have sus- with religious leaders around the world est about this. Regardless of what some tained most of the refugee commu- and with other countries to deal with people may say about the momentum nities there either through direct aid terrorist financing. Those are things of the moderates and the reformists in- or what we are doing through the we could and should do and should do side of Iran, Iran’s foreign policy, espe- cially in dealing with the United United Nations right now. But the peo- more aggressively. No. 2, the national defense authoriza- States, runs through the Ayatollah ple living as refugees need access to tion is coming, and it is coming soon. Khamenei. He has made it crystal clear education and training so their chil- We need to give great military clar- that his regime is built on radical dren will grow up with skills and op- ity—not only rules of engagement in Islamist views, and this particular view portunity. We can help them have a the battlefield, but what is the clear of Shia Islam—though it is opposed to second chance. But that is not the pri- purpose militarily for the United ISIS—is supportive of spreading their mary source. States in this battle against radical We need to engage with religious views around the world. It is absolutely Islam? anti-American. leaders around the world. We cannot No. 3 is tougher for this Nation, ap- It is essential that the Treasury con- and we will not define faith for them, parently: Believe and understand that tinue to completely shut down Iran’s but we can challenge any faith that Iran is one of the key areas in this access to the U.S. dollar, and it is es- promotes the death of people because fight. I believe this administration has sential that Treasury rigorously en- of their race, their belief, or their gen- been too eager to believe good news force the still-standing human rights der. We should work to shut off terror- about Iran and is ignoring the concerns and terrorism-related sanctions on ists’ financing around the world, their that many of us hold. I have stood here Iran. illegal energy trade, their drug traf- several times in the past year to speak I spoke with DNI Clapper in this ad- ficking, their extortions, and persons out against the President’s reckless ministration just a few weeks ago. in wealthy countries who send money nuclear deal with the Iranian Aya- When I asked the Director of National with the implicit promise that those tollah. I didn’t like it then, I still don’t Intelligence if there has been any terrorists will not bring terrorism to like it, and I still don’t believe Iran can change in Iran’s focus on being the their country if only they will send be trusted to be able to carry out its largest state sponsor of terrorism in them money to do terrorism in other end of bargain. the world, this administration’s Direc- places. I recently authored a resolution that tor of National Intelligence said there We must also fight and confront clearly outlines to the administration has been no change in Iran’s behavior those individuals militarily. We must how the United States should respond since the nuclear deal was signed in re- learn the lesson of 9/11. They are not if Iran—and I believe when Iran— lation to terrorism. just a group of radical thugs over there breaches the nuclear agreement. We We should not release known terror- who we can ignore. They hate us, and should reapply waived sanctions and ists or bring them to U.S. soil. I can’t they will find every way possible to at- U.N. Security Council resolutions and believe I have to even raise this as an tack us here and to attack our allies. limit Iran’s ability to import defensive issue in this Nation. We should keep No one wants war, but we cannot stand equipment so they can stop fortifying Guantanamo Bay, known as Gitmo— by and watch terrorists beheading their nuclear capabilities over the next that detention facility—open and oper- Egyptian Christians on the beaches of 10 years. When all the enrichment limi- ational rather than releasing known Libya, killing Shia Muslims because of tations are lifted, they will be well pre- terrorists back into the battlefield or their faith in Iraq, blowing themselves pared to defend those facilities they bringing them to the United States. up in an airport in Brussels, shooting have now created. In this era of growing threats, why people at a rock concert or a syna- As I have said many times, until Iran would we irresponsibly release these gogue in Paris or just people enjoying proves it is a peaceful, responsible individuals? Senator KIRK and I, along a party at work in California. We can’t player in the Middle East, the inter- with four other members of this body, put our heads in the sand and ignore national community must be vigilant introduced a bill last week to prohibit what is really happening and assume it in pushing back against Iran’s harmful the President from transferring terror- will just go away if we do nothing. and destructive influence among its ists detained in Guantanamo Bay to As long as they hold territory, they neighbors. any other state where they may go and call out to people worldwide to come Last week I spoke with Adam Szubin, actually sponsor terrorism. It is not a join them in their caliphate to come Acting Under Secretary of the Treas- hard decision; it is common sense.

VerDate Sep 11 2014 23:51 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.006 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S1988 CONGRESSIONAL RECORD — SENATE April 13, 2016 Our bill is very clear: If those indi- are shareholders, it tries to increase She took the diploma to police depart- viduals are transferred out of Guanta- the value of shares and maybe even pay ments and sheriffs’ offices all around namo to some other state and then a dividend. the region and they looked at her and they later commit some act of ter- The others—the not-for-profits—by said: Sorry, but that is not a real uni- rorism, that state’s foreign aid is cut definition don’t do that, and most pri- versity. You have gone to school there off. The expectation is if these individ- vate universities are not for profit. Ex- for 5 years, and I know you have the di- uals go to that location, that location amples: University of Illinois, a public ploma, but we don’t recognize is actually going to monitor them. university, the University of Maryland. Westwood. Westwood College is not a Americans assume that at this point, Private universities: Georgetown Uni- real university. but it is not happening. versity, George Washington University. So she found out her diploma was Senator INHOFE and I will introduce a For-profit universities: The University worthless, she couldn’t get a job, but bill later today which prohibits the of Phoenix—people have probably here is the worst part: At that point, transfer to the United States or release heard of it—DeVry University out of she had $95,000 in student debt—$95,000 of terrorists held in Guantanamo Bay. Chicago, IL; ITT Tech; Kaplan, these in debt—and a worthless diploma. It also goes further than what we do are for-profit colleges and universities. Where do you turn? with Senator KIRK’s bill, and it actu- Are they different? They are dramati- Well, let me tell you what happened ally prohibits the President from clos- cally different. to her. She moved back in with her ing the facility entirely. The President Let me give my colleagues three parents, living in the basement. Her should not risk our Nation’s national numbers that define the difference be- dad came out of retirement, took a job security just to fulfill some campaign tween for-profit colleges and univer- to try to help her pay off her student promise that makes absolutely no sities and all the others. Here are the loans at Westwood, and she started to sense and puts our country at risk. numbers: Ten percent of all of college think about: How do I go to a real The executive branch occasionally students in America go to for-profit school now—a community college or laments congressional engagement in colleges and universities, like the Uni- something—so I can get an education. foreign policy, but this is the way the versity of Phoenix. These, many times She wasted 5 years of her life, and her American people speak out because the online, universities including Kaplan decisions from that point forward will people in Oklahoma are absolutely con- and DeVry, 10 percent of the students reflect the fact that she had this ter- cerned about what is happening in na- go to them. rible experience. Twenty percent of all of the Federal tional security and they want this ad- There are things which these for- aid to education goes to for-profit col- ministration to hear it loud and clear. profit colleges and universities do leges and universities. Why is it twice There seems to be no clear plan, and which other universities wouldn’t do. I as much as the percentage of students? the plans that are clear seem to weak- want to talk about one of them today. They are darned expensive. They have en our resolve on national security. The abuses of this industry are clear. tuition that is usually much more cost- Today I simply ask my colleagues to Hundreds of thousands of students have ly than other colleges and universities. been deceived, misled, and harassed join me and do what the people who we So that is 10 percent of the students, into enrolling in these schools where represent sent us here to do—to assume 20 percent of the Federal aid to edu- they end up with a mountain of debt the mantle of responsibility as leaders cation, and the next number is 40. and a worthless diploma. Every day and to show them that we are not Forty percent of all the student loan seems to bring news about another for- afraid to work with this administra- defaults in the United States of Amer- profit college scam, and I have been tion or any administration. We need to ica are students attending for-profit giving these speeches for a while, and take responsibility for setting the Na- colleges and universities—10 percent of it keeps unfolding day after day. Here tion’s national security agenda. It the students, 40 percent of the student must be done. loan defaults. Why? The answer is obvi- is the latest: the complaint the attor- It can’t be done just militarily. It ous. They are very expensive and the ney general of Massachusetts filed re- must be done in a broad method by education they provide often isn’t cently against ITT Tech for abusive re- reaching out, not only strategically worth much. cruitment tactics. I know this ITT and diplomatically through our State Students who enroll and start Tech because in my hometown of Department but also militarily with a courses at for-profit colleges and uni- Springfield, IL, at White Oaks Mall, clear focus to make sure we protect the versities get in over their heads and they have a big sign. They look like Nation and that we don’t release ter- drop out—the worst possible outcome. the real thing, but when Massachusetts rorists and actually do what we are Now they are deep in debt with no de- took a look at their recruiting tactics, supposed to do—guard this Nation’s se- gree, and they default on their loan. it turned out they were lying to the curity. Some finish, and for many of them, it students. You see, they need to lure in With that, I yield back. is even worse. After they have stacked students to sign up at ITT Tech, they I suggest the absence of a quorum. up all of this debt, they graduate from make promises they can’t keep, and The PRESIDING OFFICER (Mr. SUL- a for-profit college and university and many times they lure in students who LIVAN). The clerk will call the roll. find out the diploma is worthless. That are not ready for college. Why do they The legislative clerk proceeded to is the reality of higher education in do that? Because the minute a low-in- call the roll. America today. come student signs up at ITT Tech, the Mr. DURBIN. Mr. President, I ask For quite a long time I have come to Pell grant, which goes to low-income unanimous consent that the order for the Senate floor and talked about these college students, flows through the stu- the quorum call be rescinded. for-profit colleges and universities. I dent to ITT Tech. There is $5,800 just The PRESIDING OFFICER. Without got into this by meeting a young for being low income and signing up, objection, it is so ordered. woman from a southern suburb of Cook not to mention what follows—the col- FOR-PROFIT COLLEGES AND UNIVERSITIES County. She went to a place called lege student loans. Mr. DURBIN. Mr. President, if we Westwood College, a for-profit college If a student is lucky—if they are ask most Americans: What is the dif- and university based out of Colorado. lucky—the for-profit college will lead ference between a for-profit college and She had been watching all of these CSI them to the college loans originated by university and a not-for-profit college shows and the rest of them. She was the government. Those are more rea- and university, a private university, just caught up in law enforcement. She sonable. If they are unlucky, they get most of them would say: I am not sure wanted to get into law enforcement. So steered by these for-profit colleges to I can tell you. she enrolled at this for-profit college— private loans with dramatically higher Well, certainly for-profit, by defini- Westwood—and started attending interest rates and terms which are not tion, is a business. It is primarily a classes. Well, it turned out to be expen- the least bit forgiving. business that generates a profit for the sive, and then it turned out to be a dis- We say to ourselves: These students company if it is successful. It pays for aster. ought to know better. Well, how smart the salaries and compensation of those Five years later, she graduated and were you when it came to the ways of who work for the company, and if there received her diploma from Westwood. the world when you were 19 years old?

VerDate Sep 11 2014 23:51 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.007 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S1989 How much did you know about bor- misconduct. It prevents prospective reported where grandmothers have rowing $10,000 when you were 19 or 20 students from knowing that there were their Social Security checks basically years old, when they shoved across the an awful lot of other students at the garnished to pay off the grand- desk a stack of papers and said: If you same school that had the same bad ex- daughter’s student loan. It is a debt, will sign these for your loan, you will perience. frankly, that will be with them for a be able to start classes Monday. You It is fine for schools to give students lifetime. That is why this conversation know what happens. The students sign the choice of arbitration, but to say it is so important. up. They have been told their whole is mandatory and that you have no A few years ago, the for-profit col- lives: This is what you need to do. other choice is wrong. Mandatory arbi- leges and universities ended up with When you finish high school, you go to tration clauses are not used by legiti- the same treatment as every other col- college. mate not-for-profit colleges and uni- lege and university, and they, too, Here is another part of it that is very versities. Not-for-profit colleges, public when it comes to student debt, have important. Right now, the Department and private, are comfortable with being their investment protected because the of Education is working on new Fed- held accountable to the students. They student cannot discharge it in bank- eral regulations so that when the stu- don’t require mandatory arbitration in ruptcy. dents go to these for-profit schools—or order for the students to sign up for This Senator thinks the Department any school for that matter—and the classes. The Association of Public Land of Education has the authority to clean school engages in unfair, deceptive, or Grant Universities, the National Asso- this up. abusive conduct, there is some protec- ciation of Independent Colleges and Mr. President, I ask unanimous con- tion. The Department has set up a rule- Universities, the Association of Com- sent to have printed in the RECORD a making, but because the negotiations munity College Trustees, and the legal analysis put together by Public with outside stakeholders haven’t American Association of Collegiate Citizen outlining the authority the De- reached a consensus, they are still Registrars and Admissions Officers all partment of Education has to ban man- working on the rule. confirmed what I just said. Unfortu- datory arbitration. Let me talk about one issue that I nately, mandatory arbitration clauses There being no objection, the mate- think is critical that is under consider- are a hallmark of the for-profit indus- rial was ordered to be printed in the ation by the Department of Education try, used by nearly all major compa- RECORD, as follows: when it comes to these for-profit col- nies—DeVry, the University of Phoe- PUBLIC CITIZEN, leges: mandatory arbitration clauses. nix, and ITT Tech, just to name a few. Washington, DC, February 24, 2016. You are going to find at for-profit col- These same clauses were used by a Dr. JOHN B. KING, Jr., leges—and at virtually no other col- for-profit school called Corinthian, Acting Secretary of Education, lege—a little paragraph stuck in that which went bankrupt. What happens Washington, DC. enrollment agreement, stuck in your when a for-profit college goes bank- CITIZEN PETITION enrollment contract, which says that if rupt? They have received the money The federal government spends more than you have any grievance with that for- $128 billion annually on student aid distrib- through the student from the Federal uted under Title IV of the Higher Education profit school, if you think they de- Government. They have received all Act (HEA), 20 U.S.C. § 1070 et seq. This aid, ceived you, defrauded you, lied to you, those Pell grants. They have received which includes Stafford, PLUS, and Perkins if you think that you got in debt for a the money for government loans, and loans, as well as Pell grants, is the largest promised degree that was going to lead now they are officially out of business. stream of federal postsecondary education to a job, you can’t plead your case in Where does that leave the student if funding. court after you sign this agreement. the school closes? Well, we give them a While profiting from U.S. taxpayers, some You have to go to mandatory arbitra- pretty tough choice. The first choice is predatory schools—particularly in the for- tion. Mandatory arbitration, for those profit education sector—target underserved to keep the credit hours they earned at populations of students, including people of not familiar with it, is a closed-door the for-profit school and transfer to an- color, low-income individuals, and veterans, process. The company or school, in this other school—too often another for- with fraudulent recruitment practices. These case, sets standards about who will de- profit. Is that worth the effort? Well, schools provide students with an education cide your fate and about what of any- the student has to decide or drop those far inferior to what has been promised. They thing that happened to you ever be- credit hours of the for-profit school and offer low quality programs and faculty, pro- comes public. Why do the for-profit get what is called a closed school dis- vide few if any student-support services, and schools do this? They don’t want to be charge. You don’t have to pay it back. have abysmal graduation and job-placement taken to court—no company does. rates. Many students drop out once they re- Who loses in that deal? The taxpayers. alize the extent of a school’s misrepresenta- They certainly don’t want to face a The taxpayers who have sent thousands tions. Those who do not may find themselves class action lawsuit by students who of dollars to these worthless for-profit with a worthless degree. In either case, the have been defrauded by these for-profit schools. school’s wrongdoing leaves many students schools, and they certainly don’t want I am hoping the Department of Edu- with a debt to the federal government that the Department of Education to know cation will promulgate a rule that pro- they cannot repay. that a certain number of students of tects students and their families when Unfortunately, the courthouse doors are for-profit schools have a grievance it comes to these for-profit schools. closed to many of these students because about the way they were treated. So There is one last thing I want to say they signed mandatory, pre-dispute arbitra- tion agreements at the time of their enroll- they have come up with a mandatory about college loans, and it probably is ment. Under these agreements, students are arbitration clause in documents a stu- the most important. If someone bor- required to use binding arbitration to resolve dent has to sign to go to class. Stu- rows money for a car or a home or a any dispute they may later have with the dents by and large don’t even see them. piece of property somewhere or to buy school; they are barred from the courts. As They are buried in the document. If some goods and then they fall on hard demonstrated in this petition, these arbitra- they did see them, they would find it times—somebody in the family gets tion clauses are detrimental to students, hard to even explain. These clauses re- sick, there are big medical bills, some- hamper efforts to uncover wrongdoing by in- quire students to give up their right to one loses a job, or there is a divorce— stitutions receiving Title IV assistance, and place the federal investment in Title IV pro- a day in court. It means, for example, and they are forced into bankruptcy grams at risk. that if a student is misled or deceived court to clear their debts, they are Public Citizen, Inc., a consumer organiza- by the school’s advertising or Web site going to find out if they have a student tion with members and supporters nation- and the student goes into debt and then loan, they can’t discharge a student wide, submits this citizen petition under 5 can’t find a job or can’t qualify for a loan in bankruptcy. It means, frankly, U.S.C. § 553(e) to request that the Depart- job that they promised you could, the that it is with them for a lifetime. ment of Education issue a rule requiring in- student doesn’t get a day in court. In- When grandma decides to cosign her stitutions to agree, as a condition on receipt of Title IV assistance under the HEA, not to stead, the student is forced into the se- granddaughter’s college loan and her include pre-dispute arbitration clauses in en- cret arbitration proceeding where the granddaughter defaults on the loan, rollment or other agreements with students. deck is stacked against them. It allows the collection agency calls her grand- This rule would be consistent with the De- schools to avoid accountability for mother. We have cases that have been partment’s legal authority under the HEA

VerDate Sep 11 2014 03:58 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.009 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S1990 CONGRESSIONAL RECORD — SENATE April 13, 2016 and with the Federal Arbitration Act (FAA), SON—Republican and Democrat—put the Department of Transportation to 9 U.S.C. § 1 et seq. It would also be in line together the bipartisan bill that we are investigate what happened and to come with a call by members of Congress for the currently debating. I hope we can give up with recommendations on how to Department to condition Title IV funding on this bill careful consideration. One of improve security. After the Depart- a school’s commitment not to use forced ar- bitration clauses or other contractual bar- the items we should carefully consider ment of Transportation investigation, riers to court access in student enrollment is security at airports. FAA and DOT found there was not agreements. Since 9/11 we have focused more and enough focus on insider threats, and, I. STATEMENT OF INTEREST more on the security of airports, and clearly, better equipment is needed to Since its founding in 1973, Public Citizen when we hear of these terrible terrorist help communication from going down. has advocated on behalf of its members and incidents overseas, we understand that Once again, we are dealing with an supporters for public access to the civil jus- we can’t drop our guard. There were 32 area that is not as secure as it should tice system. As part of that work, it seeks to people who died in Belgium, and many be. end the use of forced arbitration clauses in were injured. The terrorists targeted The amendment I have offered to this consumer contracts because these clauses people who were just going about their bill builds on some of the recommenda- are fundamentally unfair to consumers, en- daily routine, catching an airplane. tions. It requires the FAA to make courage unlawful corporate behavior, and The terrorists took advantage of a vul- plans for law enforcement and other weaken the utility of enforcement efforts to protect the public. Public Citizen is engaged nerable system. At the airport, two authorities in the event of an incident. in efforts to encourage the Consumer Finan- bombs were set off before any security It requires the FAA to develop guide- cial Protection Bureau (CFPB) and the Secu- screening took place. That should be a lines for training and response to secu- rities and Exchange Commission (SEC) to wake-up call for all of us. rity threats and active shooter inci- ban pre-dispute arbitration agreements in Last week Senator HEINRICH offered dents and to ensure that, as the FAA consumer and investor agreements. Public an amendment that I was proud to co- makes investments in infrastructure Citizen’s counsel have represented parties in sponsor for commonsense measures to and basic equipment such as electrical several major cases involving the scope of strengthen security at U.S. airports in systems and telecommunications, they the FAA and the enforceability of pre-dis- places such as transit stops. I am pute arbitration agreements. Public Citizen think about resiliency and surviv- also frequently appears as amicus in cases pleased it passed with strong bipar- ability. involving these issues. tisan support. It adds extra security in We learned those lessons the hard In addition to its arbitration work, Public these areas where people take planes way in Chicago. I hope the Senate will Citizen supports robust regulation of preda- and trains where we were vulnerable take up my amendment so other air- tory educational institutions and student before the checkpoints. It adds law en- ports as well as Chicago will be ready lending practices that leave students saddled forcement officials, inspectors, special- in the future. with debt for overpriced educations. It par- ists in explosives, dogs, and experts These events are reminders of the ticipated in the Department’s Gainful Em- who can help with the screening proc- damage that can be done. With a simi- ployment rulemaking, and its attorneys rep- lar spirit of bipartisanship, we need to resent twenty-eight organizations as amici ess. It gives more flexibility to our in support of that rule in Association of Pri- States in cities like Chicago, which I have a commitment to our security at vate Sector Colleges and Universities v. am honored to represent, to grant secu- our airports and around the United King, No. 15–5190 (D.C. Cir.). Counsel for Pub- rity funding for better protecting these States. lic Citizen have also represented parties and vulnerable areas, and it gives more TRIBUTE TO RAY LAHOOD amici in numerous cases involving mis- flexibility in spending the money. Mr. President, while I am on the sub- conduct by for-profit educational institu- O’Hare is one of the busiest airports ject of airports, I want to recognize my tions. in the world, with 77 billion passengers friend and former colleague in the Mr. DURBIN. Mr. President, count- last year. Chicago is also host to many House, Congressman Ray LaHood. He less veterans groups, consumer advo- major national and global events with was named Secretary of Transpor- cates, legal aid lawyers, and student millions of travelers. We have one of tation by President Obama. On Tues- organizations support a full ban on the busiest networks of commuters and day, the Peoria International Airport mandatory arbitration clauses in high- travelers by transit, with 1.6 million honored him by naming their new er education. I hope the Department of people riding Chicago’s CTA every day, international terminal after him. Ray Education responds to this. I hope they getting to work by bus or train. Nearly served the Peoria region proudly for 14 have the resolve and the political will 300,000 passengers take Chicago’s Metra years as Congressman and for 4 years to get this done. commuter rail every day. We must en- as President Obama’s Secretary of It is sad when students end up with a sure we are doing everything we can to Transportation. Secretary Foxx went good diploma and a ton of debt. It is keep them safe. out to Peoria to show support for his unforgiveable for us to be complicit Communities such as Aurora, IL, predecessor. when the students end up with a ton of that have experienced their own threat Ray LaHood has been and continues debt and a worthless diploma from a not long ago will remember September to be a strong advocate for Illinois and for-profit college or university. of 2014. I am filing an amendment for our Nation’s infrastructure. This Mr. President, the Federal Aviation which I hope will be considered on this honor is certainly a fitting tribute, and Administration is now operating under bill to improve security in our air traf- I congratulate my former colleague, its second extension. Like too many fic control facilities after the experi- Congressman Ray LaHood. important issues, we just keep ence we had back in 2014. There was a I yield the floor. patching up the system. Last year, the fire at the air traffic facility in Aurora. The PRESIDING OFFICER. The Sen- Senate worked together to pass a 5- That center directs about 9,000 flights a ator from Florida. year transportation bill. Finally, after day over 6 States, including, of course, STUDENT LOAN DEBT 30 patches of a national transportation the Chicago region. The fire grounded Mr. RUBIO. Mr. President, first I program, both parties came together to thousands of flights. Its impact was have an item I want to speak about on pass the first long-term bill in over 10 felt for 2 weeks. It caused $5.3 million the pending bill. There is another item years. This was an important step for in damages to the traffic control facil- I want to discuss, first of all, but even the Nation and for my State of Illinois. ity, and hundreds of millions of dollars before that, I want to add that I caught Fixing and maintaining our infra- in economic impact. the tail end of the statement of the structure involves planning, and plan- The air traffic controllers, local po- Senator from Illinois about student ning includes certainty. If we don’t lice, and fire department did all they loans. When I first arrived here in the know we are going to be funded 6 could do, but there turned out to be Senate and I was sworn in right where months from now, it is very tough to bigger issues at play. This was a case of our pages are sitting now, I had over plan a highway, a bridge, or how we are arson by an employee at the air traffic $100,000 in student loans that I had going to administer an airport. control facility. taken on during my undergraduate but We have an opportunity to do the I went in and actually saw the dam- primarily my postgraduate education. I same for the Federal Aviation Admin- age that he did. Following the incident, can state that had it not been for the istration. Senators THUNE and NEL- I worked with the FAA and called on blessings of the proceeds of a book that

VerDate Sep 11 2014 23:51 Apr 13, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.001 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S1991 I wrote called ‘‘American Son,’’ I am in action, will know at last that their I would also like to say a special not sure I would have ever paid those service has received the ultimate trib- thank-you to the students at St. loans off. I was fortunate. I went to law ute from a grateful Nation. Over the Luke’s Lutheran School in Oviedo, FL, school and got a law degree and was years, even in the shadow of unequal and to their teacher, Ms. Carla Cotto employed. I know firsthand the strug- treatment, the Borinqueneers never Ford, who is the granddaughter of two gle that millions of Americans are fac- faltered and never failed to prove just Borinqueneers. Ms. Ford and her stu- ing and the young people who have how valuable they are to the cause of dents raised thousands of dollars in taken on substantial student loan debt, freedom. their community toward an ongoing some of whom have never graduated My favorite example is the story of national effort to ensure that every from institutions and others who have Operation Portrex—a military exercise single living Borinqueneer would re- graduated, frankly, with pieces of that occurred on the eve of the Korean ceive a replica of the Congressional paper of degrees that, unfortunately, war. It was intended to test how the Gold Medal. are not worth the paper they are print- Army, Marines, Navy, and Air Force The passionate efforts of Mr. Rodri- ed on. As a result, they are stuck with would do as liberators of an enemy- guez and Mr. Morales and Ms. Ford and a debt that can never be discharged. controlled island. The Borinqueneers her students and so many others who There are only two ways to get rid of were tasked with playing the role of have labored to make this day a reality a student loan—die or pay it off. For ‘‘the enemy aggressors’’ and attempt- are part of what makes this Congres- many people, paying it off is not going ing to prevent the more than 3,200 sional Gold Medal so special. It re- to happen. It is an issue that this Sen- American troops from liberating the is- minds us that the legacy of past ator hopes Congress will confront. It is land in this exercise. It was a task Borinqueneers who have fought and a looming crisis in America. There is that, quite frankly, they were not ex- died for America is indeed a living leg- over a trillion dollars of student loan pected to accomplish. Yet, much to the acy. debt. Quite frankly, it holds people surprise of the Army commanders, the Today that legacy, alive and well, re- back. When that student loan is sitting 65th Infantry, badly outnumbered, was minds us that America truly is an ex- on your credit report, you won’t get a able to halt the offensive forces on the ceptional country. Ours is a nation loan to buy a home. If your wages are beaches. made up of people from all different being garnished and other issues come So it is no surprise that after seeing backgrounds and all different cultures up as a result of paying it off, it is a de- the tremendous skill of the who came together as one Nation be- bilitating problem that people face. We Borinqueneers, our Army commanders cause we share a common idea: that ev- have discussed throughout the years quickly deployed them into the heart eryone deserves the freedom to exer- the hopes of steps we can take to ad- of the Korean war, trusting them with cise their God-given rights. Each mem- dress it, and I hope we will have a numerous important offensive oper- ber of the 65th Infantry Regiment chance to do that before this Congress ations. One of those operations oc- fought for that freedom not just for finishes its work. curred on January 31, 1951. It is cred- themselves but for every man and HONORING THE 65TH INFANTRY REGIMENT ited as having been the last battalion- woman and child in these United ‘‘BORINQUENEERS’’ size bayonet charge by a U.S. Army States. Mr. President, before I speak on the unit. Of that charge, the commanding In closing, to the Borinqueneers, I bill, I want to rise today to pay tribute general, Douglas MacArthur, later would like to say congratulations on to a distinguished group of American wrote: the unveiling of your well-deserved heroes. It is a group that for too long The Puerto Ricans forming the ranks of Congressional Gold Medal. More impor- was denied the honors and benefits the gallant 65th Infantry regiment, on the tantly, on behalf of my staff and my they were owed for their service to our battlefields of Korea, by valor and deter- family and the people of Florida, I Nation. mination and a resolute will to victory, give would like to say thank you. Thank The 65th Infantry Regiment, known daily testament to their invincible loyalty you for your service. Thank you for as the Borinqueneers, is a predomi- to the United States and the fervor of their your courage. Thank you for fighting devotion to those immutable standards of nantly Puerto Rican regiment that is human relations to which the Americans and to make this Nation the best it can be. the only Hispanic segregated unit to the Puerto Ricans are in common dedicated. Mr. President, on another topic, I fight in every global war of the 20th They are writing a brilliant record of want to briefly discuss an amendment I century. Historically, the achievement in battle. I am proud indeed to now have pending on the bill before us, Borinqueneers were denied equal bene- have them in this command. I wish that we the bill on the FAA. It is an amend- fits and equal honors for their service, might have many more like them. ment that is drafted to the finance por- despite the fact that their regiment ex- Throughout the storied history of the tion of this bill and that deals with perienced equal risk and equal duty in 65th, there are countless examples of welfare reform. combat during World War I, World War valor that have distinguished this regi- For two decades now, it has been the II, and the Korean war. ment. Today, Puerto Ricans serve in policy of the United States that new They have since been decorated for our military at some of the highest immigrants to the United States do their extraordinary service on the bat- rates of any demographic group in the not qualify for welfare and other public tlefield. In the Korean war alone, the Nation, which is no doubt a lasting leg- assistance programs for their first 5 regiment earned more than 2,700 Purple acy of the Borinqueneers. years in the country. Just to lay out Hearts, 600 Bronze Stars, 250 Silver It has been one of my great honors as what that means, if you are a legal im- Stars, 9 Distinguished Service Crosses, a Senator to be involved in the effort migrant to the United States, for the and 1 Medal of Honor. to secure the Congressional Gold Medal first 5 years that you are in this coun- There is another medal, however, by cosponsoring the legislation that try, you do not qualify for any Federal that has yet to be presented, but that passed the Senate in 2014. I was also welfare or other public assistance pro- will change later this afternoon when honored to stand in the White House as grams. Of course, illegal immigrants do the Borinqueneers and their families President Obama signed the bill into not qualify at all for Federal assistance will celebrate the unveiling of the long law. programs. But there is an exception to overdue Congressional Gold Medal. Today, I want to thank two congres- this Federal law. The exception for this This is the highest civilian honor in sionally designated liaisons who policy is for refugees and asylees who the United States. worked tirelessly to make this day a come to our shores seeking shelter The medal will be unveiled today at a reality: San Rodriguez and Javier Mo- from persecution. So while immigrants ceremony in the Capitol. It will then be rales. Both of them are Army veterans. to the United States do not get Federal given to the Smithsonian Institute and They made it their mission to ensure benefits, if you can prove you are a ref- placed on public display. It is my hope that through the design of the medal ugee fleeing persecution, then you do that the more than 1,000 Borinqueneer and its unveiling ceremony, these men qualify for Federal assistance. veterans living throughout the United who have honored our Nation receive For those people who can prove they States, as well as the family members the honor they deserve in return. I are fleeing persecution, our compas- of those fallen, departed, and missing thank both of them for their work. sionate country makes this financial

VerDate Sep 11 2014 01:16 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.012 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S1992 CONGRESSIONAL RECORD — SENATE April 13, 2016 commitment so they can get a new because you fear for your life and your and you will qualify for refugee bene- start on life and a leg up. But there is freedom. If you are a refugee, it means fits. But if you simply arrive from a provision of existing law that many you are seeking refuge. It is difficult to Cuba because you are seeing a better people are not aware of. A provision of justify someone’s refugee status when life for yourself from an economic this existing law basically says that after arriving in the United States standpoint, you will still be able to anyone who comes from Cuba—regard- they are traveling back to the place benefit from the Cuban Adjustment less of why they come to the United they are ‘‘fleeing’’ from, 10, 15, 20, 30 Act in that status, but you will not States, they are automatically and im- times a year. qualify for Federal benefits and you mediately presumed to be a refugee, By the way, this places the Cuban act will be treated like any other immi- and therefore they are automatically in particular danger. That is a separate grant who comes to the United States. and immediately eligible for welfare topic not dealt with in my amendment We should be clear that the Castro and other public assistance. In essence, and one that I have said publicly regime does indeed repress hundreds of our existing law treats all Cubans cat- should perhaps be reexamined and ad- people every week. There is no ques- egorically as if they are refugees, justed to the new reality we now face. tion that there are many who still whether or not they can prove it. But I am not dealing with that right come here from Cuba who are refugees As many of you know, I am the son of now. We are dealing with the benefits and are fleeing persecution. There is no Cuban immigrants. I live in a commu- portion of this. doubt that there are people who will nity where Cuban exiles have had an It is difficult to justify refugee bene- arrive this month and this year from indelible imprint on our country, on fits for people who are arriving in the Cuba who have left Cuba because they the State of Florida and in South Flor- United States and are immediately are being politically persecuted. There ida in particular. Yet I stand here traveling repeatedly back to the nation is no doubt about that. So we are not today to say that this provision of law, they claim to be fleeing. Others who talking about excluding them. They will be able to prove they are refugees this distinction, is no longer justified. are immediately traveling back to the and they will be able to qualify for ref- This financial incentive, this notion, island are actually staying there. ugee benefits. While it is clear that this reality that if you get here from Let me paint the picture for you. You there are still many people facing per- Cuba, you are going to immediately come from Cuba on the Cuban Adjust- secution in Cuba and fleeing, it is also qualify for Federal benefits has encour- ment Act. You arrive in the United States because you crossed the south- clear that it is not everyone who is aged the current migratory crisis in coming from Cuba. west border with Mexico or you landed which today thousands of Cubans are So all this amendment would do is making dangerous trips to come to the on a raft on a beach somewhere in bring parity between Cuban refugees United States of America. It is cre- Florida. You claim your status as a and every other refugee. I say this to ating pressure for foreign govern- Cuban refugee, and then less than a you as someone whose parents came ments—for example, in Central Amer- year later or a year later, you travel from Cuba. I propose this amendment ica—that simply cannot host them, and back to Cuba and you stay there for as someone who lives in a community it is now adding pressure to our south- weeks or months at a time. But be- where Cuban Americans comprise a sig- west border. cause you qualify for Federal refugee nificant plurality of the population. I Just to outline what is happening, benefits, you are receiving benefits see firsthand these abuses that are oc- traditionally, Cubans come to the from the Federal Government, but you curring. It is not fair to the American United States on a raft, on an airplane, are living in Cuba. And how this prac- taxpayer. It is costing us money. Quite or on a visa, but now many are making tice works is that while you are living frankly, it is encouraging people to to trip to Costa Rica or Honduras and in Cuba, relatives or friends in America come here to take advantage of this they are working their way up to Cen- are getting hold of your benefits, which program. tral America, through Mexico, and are mailed to you or direct-deposited, By passing this amendment—if we crossing our southern border. and then they are making sure you get pass it—Congress will not only save It is my belief—and I think well- that money to subsidize your lifestyle. taxpayers millions of dollars, but I be- founded based on much of the evidence I can tell you today unequivocally lieve it will also help minimize the in- we have now received in testimony and that there are people living basically crease we have seen in migration of Cu- in newspaper articles; the South Flor- permanently on the island of Cuba, bans over the last couple of years by ida Sun Sentinel, one of our news- with an occasional visit back to the weeding out bad actors who only come papers based in Broward County, has United States, who are living a life- to the United States in search of gov- extensively documented this and other style that is being subsidized by the ernment benefits they can take advan- abuses that are going on—that a sig- U.S. taxpayer because of this abuse. tage of for the first 5 years they are nificant number of people are drawn to This practice, quite frankly, is illegal here. this country from Cuba because they under current law, but the responsible I believe this is responsible. I believe know that when they arrive, if they agencies seem to have failed to enforce this is the right approach for our Na- can step foot on dry land, they will im- this law. So I have offered an amend- tion fiscally but also from an immigra- mediately receive status and they im- ment to this bill that puts an end to tion standpoint. I hope I can earn bi- mediately qualify for a package of Fed- this abuse and puts an end to the un- partisan support for passing this very eral benefits that no other immigrant fairness of the existing law. All my sensible proposal. group would qualify for unless they can amendment would do is it would sim- I encourage my colleagues to go on prove they are refugees. ply require those who come from the Web site of the South Florida Sun This current policy is not just being Cuba—they would still be able, under Sentinel, a newspaper in South Flor- abused, it is hurting the American tax- the Cuban Adjustment Act, to receive ida. You can see they have extensively payers. There are reports that indicate permanent status in the United States, documented not just these abuses but a that financial support for Cuban immi- but they are going to be treated like series of other abuses that are occur- grants exceeded $680 million in the every other immigrant. They are going ring as well as part of this overall pro- gram. year 2014 alone. Those numbers, by the to be ineligible for most Federal ben- So it is my hope that I can earn the efit programs for 5 years unless they way, have quite frankly grown since support of my colleagues to convert then. can demonstrate and prove they qual- this idea into law. On top of the fundamental unfairness ify for refugee status. With that, I yield the floor. of the policy, recent reports in the Let me paint a picture of what that I suggest the absence of a quorum. media indicate that there is gross would look like. If you come from Cuba The PRESIDING OFFICER (Mrs. abuse of this policy. In Florida, we are and you can prove that you are fleeing ERNST). The clerk will call the roll. now hearing many stories of individ- oppression, that you are involved po- The bill clerk proceeded to call the uals coming to this country and claim- litically, that you are a dissident, that roll. ing their benefits regularly and repeat- you are someone who the government Mr. MANCHIN. Madam President, I edly returning to Cuba—in essence, the is persecuting, then you are a refugee ask unanimous consent that the order country you are supposed to be fleeing and you will be treated like a refugee for the quorum call be rescinded.

VerDate Sep 11 2014 01:16 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.014 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S1993 The PRESIDING OFFICER. Without So this is Jessie’s story and her fam- dict sent her home with a prescription objection, it is so ordered. ily’s pain, which is all too familiar and for 50—50—OxyContin pills. She should JESSIE’S STORY all too common in West Virginia and never have been given one—not one— Mr. MANCHIN. Madam President, I throughout the Nation. As I said, we for opioid medication. am rising to share Jessie’s story. lost 627 West Virginians last year, and We must ensure this never happens Jessie’s story is the story of Jessie 61,000 West Virginians used prescrip- again. Jessie passed away that night Grubb from Charleston, WV, who tion pain medications for nonmedical and think about how preventable this passed away. She was only 30 years old. purposes in 2014—nonmedical purposes. was. Because of a lot of the privacy After years of struggling with heroin This includes 6,000 teenagers. laws, we can’t tell. That doctor didn’t addiction, she had been doing well. Her Our State is not unique. Every day in know. Did someone mess up? We don’t parents and family members and all the country, 51 Americans are dying— know. If you are allergic to penicillin her close friends were very proud of the 51 Americans die every day from opioid or something, it is on your chart. They progress she was making. She had been abuse. Since 1999, we have lost almost know all the way through if you are al- sober since August, but last month she 200,000 Americans to prescription lergic to anything, but if you are an had surgery for an infection. The infec- opioid abuse. Think about that: 200,000 addict and you are allergic to opioids, tion was related to a running injury, in a little over a decade. That is un- because they will kill you, they can’t and she died a day after leaving the heard of. In any other category we reveal that. hospital. would be doing something monu- So, Madam President, I will be ask- Jessie’s story with addiction is mental. ing for your help, as always, and I known to many. Her father David Jessie’s story deeply impacted the know you will be compassionate about Grubb was a colleague of mine—a State President, and I spoke with him about this. Next week I will be introducing senator, and a very good State senator, her death and the pain her family is Jessie’s Law to make sure this type of I might add. We worked together in the going through. When the President careless mistake never happens to an- legislature. He shared their family’s came to Charleston, Jessie was in a other daughter, a son, a nephew, a struggle with addiction with President rehab facility in Michigan for the niece, anyone in America. Obama. I was very pleased President fourth time—for the fourth time. Be- The bottom line is, we need to go at Obama came to a State where he prob- fore her life was taken over by addic- this problem from every angle and with ably has the least popularity but which tion in 2009, Jessie’s future was very the help of everyone—family assist- ance, counseling programs, drug has the greatest challenge with opioid bright. She was truly an unbelievable courts, consumer and medical edu- addiction—West Virginia. He came young lady. She was the beloved cation, law enforcement support, State there and he heard the struggles. He daughter of David and Kate Grubb, the and Federal legislation. We need to saw it firsthand, and I think it moved beloved sister to her four sisters, and a throw everything we have at this. With him and made him more committed to beloved friend to family and to many continued support and tireless work fighting this drug abuse that is going others. from everyone, we can beat this epi- on in America. Jessie was an excellent student and demic once and for all. As I said, David Grubb shared his scored in the 99th percentile on every Jessie’s death is heartbreaking to family’s story with President Obama one of her tests. She was a cheerleader anybody who knew her or the family or when he came to West Virginia last Oc- at Roosevelt Junior High School and their contribution to society every tober and, like I said, it has made a dif- was an avid runner. At the time of her day. This is a tremendous family who ference. In West Virginia, not unlike death, she was looking forward to run- gives so much back. We all know some- Iowa, we have been hit very hard. As a ning in her first marathon. The only one who has been impacted. We do, matter of fact, West Virginia has been trouble she had ever gotten into in every one of us. Every one of our young hit the hardest by opioid addiction. It school was when she protested the Iraq interns here know. Our pages know. is an epidemic. war. Needless to say, she was a natural They see it in their schools. Everybody When we think about an epidemic, born leader. She truly was. She was sees what is going on, but we have to pandemics—we talk about Ebola and one of those girls who was captivating. speak up. This is a fight we have to the Zika virus and all the things we After graduating from Capital High win. hear about, but we haven’t heard a School, she was thrilled and looking This opioid epidemic is claiming a whole lot about opioid addiction. It has forward to her bright future at the Uni- generation and taking them away from been a silent killer. It is one where we versity of North Carolina, Asheville. us. I am committed to this more than are all ashamed if it happens to us or She was sexually assaulted during her I have been committed to anything. If our family. We don’t talk much about first semester, which caused her to I have one purpose of being in the Sen- it. We think we can handle it within withdraw from school and return home ate, it is to bring to light these young our own structure. Yet it is an epi- to Charleston. people whose lives have been changed, demic. I say there is not a person in That traumatic event caused Jessie whose families’ lives have been our country who doesn’t know someone to turn to heroin to escape her pain. changed all over West Virginia, all in their immediate or extended family Over the next 7 years, Jessie would bat- over America. There has been silence who hasn’t been affected. That is an tle her addiction. She would overdose for far too long, and we are not going epidemic, and it is something we have four times and go into rehab four to keep silent any longer. to cure. times, but up until her death, she had People are sending me letters from Drug overdose in my little State of been sober for 6 months and was fo- Iowa, letters from my State of West West Virginia has increased by more cused on making a life for herself in Virginia, and they are saying: Please than 700 percent between 1999 and 2013. Michigan, and one her parents were use my name. Put a face and a name to Last year alone, over 600 lives were lost very proud of. a tragedy. They want us to know in to prescription drug abuse—overdose. All of Jessie’s hard work was ruined Congress that something has to be Now that is legal. These are products because of a careless mistake—one done. We don’t need all these drugs on produced by legal manufacturing com- mistake. Jessie’s death is particularly the market. We don’t need the pharma- panies, pharmaceuticals. These are heartbreaking because it was 100 per- ceutical companies putting out more products approved by the Food and cent preventable—100 percent. Her par- and more powerful opioids. We don’t Drug Administration, a watchdog re- ents traveled to Michigan for Jessie’s need a business plan that is destroying sponsible for making sure our food and surgery and told her doctors and hos- people’s lives. all of our drugs are safe. So this is pital personnel that she was a recov- I think this is something we agree something that is legal and that our ering addict. Jessie was having hip sur- on. This is something that will unite us doctors prescribe. Our most trusted gery that was caused by all her run- like nothing else in Congress. It is not people in America—our doctors—are ning, and they were treating her for an a Democratic or a Republican epi- prescribing something they think will infection. However, after her surgery, demic. It is not a disease that is killing help us. Yet it is something that is the discharging doctor who said he Democrats and Republicans. It is kill- killing Americans everywhere. didn’t know she was a recovering ad- ing Americans, and we are Americans.

VerDate Sep 11 2014 01:16 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.015 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S1994 CONGRESSIONAL RECORD — SENATE April 13, 2016 So I am hopeful, and I have been very and go over the same homes. It is a Pilot 1: I mean I don’t get it. It pleased with all of the support we are straightforward point, and fatigue is should be one level of safety for every- getting from both sides, Democrats and fatigue. They are not less fatigued be- body. Republicans, coming together on this cause they are carrying cargo rather Pilot 2: It makes no sense at all. issue. We have important legislation than passengers. These pilots can fly Pilot 1: No, it doesn’t at all. coming forward. I believe this is going up to 16 hours a day. We know from the Pilot 2: And to be honest, it should be to allow us for the first time to make pilots themselves—many pilots organi- across the board. To be honest, in my a monumental change. I thank VA Sec- zations have endorsed this—that this is opinion, whether you are flying pas- retary Bob McDonald. He is trying very a very dangerous disparity, and it sengers or cargo, if you are flying this hard to change the culture of the VA, needs to be fixed. time of day, you know fatigue is defi- of treating pain with alternatives. I am asking the majority for an up- nitely— There is so much more we need to do. or-down vote on this amendment. It is Pilot 1: Yeah, yeah, yeah. I will be getting into that later. real simple. It simply says the FAA Pilot 2: When my alarm went off, I I thank the Presiding Officer for the should get rid of this disparity and mean, I am thinking, I am so tired. great job she does for the great State make the cargo pilots have the same Pilot 1: I know. of Iowa. rules as the passenger pilots—real sim- ‘‘When my alarm went off, I mean, I Madam President, I suggest the ab- ple. am thinking, I am so tired.’’ sence of a quorum. According to the National Transpor- This photograph shows what hap- The PRESIDING OFFICER. The tation Safety Board, the No. 1 safety pened to that cargo jet. It happened clerk will call the roll. issue is fatigue. This is what they cite over Alabama in 2013. This is what hap- The senior assistant legislative clerk as the No. 1 problem across the board. pened. The NTSB said it was definitely proceeded to call the roll. So we need to fix this. I have spoken to fatigue that played a role in this crash. Ms. MURKOWSKI. Madam President, both of my friends, Senator NELSON, So am I being unreasonable to say this I ask unanimous consent that the order who supports this, and Senator THUNE, is the FAA bill—this is the bill we do for the quorum call be rescinded. who has been a little more subtle about every couple years about air safety? The PRESIDING OFFICER. Without how he feels about this. I asked them if Am I being unreasonable to ask my objection, it is so ordered. I could have the up-or-down vote. I colleagues to vote up or down on Ms. MURKOWSKI. Madam President, hope I can have the up-or-down vote. I whether there ought to be parity be- I ask unanimous consent that amend- am not asking for anything special. A tween passenger pilots and cargo pi- ments submitted to the previous sub- 60-vote threshold is fine. lots? I don’t think so. stitute, Senate amendment No. 3464, be If people want to vote against the Remember Captain Sullenberger, who considered to be submitted to the new amendment, fine; let them be held ac- was the hero? Captain Sullenberger substitute, Senate amendment No. countable. But it is a moral issue right was the hero who landed his plane in 3679, as long as the instructions to the now. The bottom line is, people are in the water—the ‘‘Hero of the Hudson.’’ clerk are drafted properly. jeopardy right now. He is a superstar. He did this. He knows The PRESIDING OFFICER. Is there I don’t know exactly what is going to about safety. He knows it. objection? happen. The reason we are at a stand- A passenger on that flight said: I Without objection, it is so ordered. still is partly because I said I want a could feel the water running over the Ms. MURKOWSKI. Madam President, vote, and that promptly stopped top of my feet, and that is what really I suggest the absence of a quorum. things. I do it rarely, but I know if we scared me. ‘‘I thought, I survived the The PRESIDING OFFICER. The pass this, we are going to save lives. It impact and now I am going to drown.’’ clerk will call the roll. is written somewhere in the Old Testa- That was a passenger who said that— The senior assistant legislative clerk ment that if you save one life, you save how the pilot saved them all. We all proceeded to call the roll. humanity. Saving lives is one thing we know who saved 155 people as he landed Mrs. BOXER. Mr. President, I ask should do, and since we know about the jet in the frigid New York Hudson unanimous consent that the order for this disparity and we have proof that River. the quorum call be rescinded. we need to fix it, we need to fix it. Let’s see what Sully Sullenberger The PRESIDING OFFICER (Mr. All I am asking for is an up-or-down says about the situation of fatigue. If TILLIS). Without objection, it is so or- vote. If people want to vote no, that is we cannot listen to this, who are we dered. fine with me. Hopefully, most will vote listening to? By the way, these com- Mrs. BOXER. Mr. President, I am yes, and hopefully we will get this ments are not aimed just at my col- trying to get a vote on an amendment done. We got it done before, and we leagues; they are aimed at the adminis- that Senator KLOBUCHAR and I have should be able to get it done again. tration that has not done this, which is submitted. To explain it, I want to What could be happening is that we wrong. They are wrong. show you this graphic. could get that vote. Of course, what I Listen to what Captain ‘‘Sully’’ These are two airplanes that are ex- would love to death is if Senator THUNE Sullenberger, the hero of Flight 1549, actly the same size, they are flying and NELSON just took our amendment said: ‘‘You wouldn’t want your surgeon across the same sky, and they are fly- and put it in the package. That would operating on you after only 5 hours of ing over the same homes. But there is be wonderful. But if they don’t want to sleep, or your passenger pilot flying a difference—a difference that I am do that, I want a vote. the airplane after only 5 hours sleep, trying to fix. This one is a passenger What I hope doesn’t happen is that and you certainly wouldn’t want a plane. Due to an FAA regulation that they will say: OK. We will give you a cargo pilot flying a large plane over Senator Snowe and I were able to get vote, but we are going to take two real- your house at 3 a.m. on 5 hours of sleep in place through a vote in this Cham- ly poison pill amendments and force trying to find the airport and land.’’ ber several years ago, the pilots in the everybody to vote on those. So the question is: Who do we listen passenger plane can fly only up to 9 This is not a game. I am not here to to? Do we listen to the companies that hours a day. After that, they have to have a game. I am here to have a vote, are afraid it is going to cost them a few rest because pilot fatigue is a very dan- up or down. This should not be tied to dollars? Do we listen to the pilots? Do gerous situation facing not only our pi- anything else. we listen to Sully Sullenberger, who is lots but their crews and everyone that I want to read to you the incredible telling us fatigue kills? It is a killer. is in their vicinity. words that were spoken. These are ex- That is what he said at the press con- What happened when Senator Snowe cerpts from UPS Flight 1354. This is a ference yesterday. and I wrote our legislation? We as- cockpit conversation that took place I ask unanimous consent to have sumed that the regulation that would minutes before a crash. These words printed in the RECORD two articles that be forthcoming from the FAA would are coming from the grave. Listen to appeared recently in the news. cover both passenger and cargo planes these words and make up your own There being no objection, the mate- because, again, these planes share the mind as to whether I am being unrea- rial was ordered to be printed in the same skies, go over the same airspace, sonable here in wanting to have a vote. RECORD, as follows:

VerDate Sep 11 2014 01:16 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.017 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S1995 [From the New York Daily News, April 12, would be my own fault. I get to travel the ‘‘This is not a partisan issue, it is a 2016] world, meet world leaders and leaders in the science-based commonsense issue.’’ MIRACLE ON THE HUDSON PILOT PUSHES SAFE fields of health, technology,’’ and of course He said cargo pilots generally fly at night SKIES ACT TO GRANT CARGO PILOTS REST Hollywood, he said. and deserve the same sleep standards already PROTECTIONS ‘‘It’s really been a fascinating education.’’ guaranteed to passenger pilots—flights lim- ited to eight or nine hours and minimum of (By Nancy Dillon) [From The Hill, April 12, 2016] 10-hour rest periods. Tom Hanks will play him in a Clint DEMS WANT PILOT-REST PROVISION IN FAA ‘‘It is really just flat wrong (to exclude Eastwood-directed biopic due out this sum- BILL cargo pilots). They’re the ones who need it mer, but Chesley Sullenberger isn’t leaning (By Melanie Zanona) most. They have their natural circadian his seat back. rhythms disrupted the most.’’ Senate Democrats want to grant cargo pi- The Miracle on the Hudson pilot was in Just standing next to the guy was a Washington, D.C. Tuesday, pushing law- lots the same rest standards as passenger pi- makers to pass the Safe Skies Act and grant lots as a provision of a Federal Aviation Ad- thrill for me. Captain Sullenberger told cargo pilots the same rest protections as pas- ministration (FAA) reauthorization bill. the News: senger pilots. Sens. Barbara Boxer (D-Calif.) and Amy ‘‘If you’re home in the evening when hun- ‘‘This is not a partisan issue, it’s a science- Klobuchar (D-Minn.) are leading the fight to dreds of cargo airplanes are flying overhead, based, commonsense issue, Sullenberger told attach an amendment to the FAA bill that it doesn’t matter if those planes are carrying the Daily News. would limit cargo plane pilots to flying no people or packages. It matters that their pi- He said cargo pilots generally fly at night more than nine hours a day—the same stand- lots are alert enough to do their job safely,’’ and deserve the same sleep standards already ard for passenger pilots. Cargo pilots can the retired U.S. Airways captain said. guaranteed to passenger pilots—flights lim- currently fly up to 16 hours a day. Captain Chesley ‘‘Sully’’ Sullenberger, the Do you know what Sullenberger said? ited to eight or nine hours and minimum 10- retired airline captain who safely executed He said that ‘‘it’s doubtful he and his hour rest periods. ‘‘It’s really just flat wrong (to exclude an emergency landing in the Hudson River in crew could have landed U.S. Airways cargo pilots). They’re the ones who need it 2009, is also backing the provision. He was Flight 1549 in the Hudson River on Jan- most. They have their natural circadian spotted talking to members about the uary 15, 2009—saving all 155 souls—if amendment in the Senate basement after a rhythms disrupted the most,’’ Sullenberger they were deprived of sleep.’’ Tuesday press conference. told The News. Look, we can all put ourselves in a ‘‘Fatigue is a killer,’’ Sullenberger said at ‘‘If you’re home in the evening when hun- the press conference. ‘‘It’s time to right this situation, whether we are young—and dreds of cargo airplanes are flying overhead, wrong. It’s time to fix this rule.’’ the young can take lack of sleep a lot it doesn’t matter if those planes are carrying Boxer said she would filibuster the FAA better. As we age, it is tougher. I used people or packages. It matters that their pi- bill if the pilot provision does not get a vote. to take the redeye all the time, and I lots are alert enough to do their job safely,’’ ‘‘I think this is an absurdity to block a the retired U.S. Airways captain turned au- can state that I felt it for days. Do we vote on something as important at this,’’ she want to have a pilot in a circumstance thor and aviation safety consultant said. said. Sullenberger joined Senators Barbara The comments come amid growing concern where he or she is sleep deprived and Boxer (D–CA) and Amy Klobuchar (D–MN) in that pet interests could bog down the entire they find themselves in an emergency? Washington to close the ‘‘dangerous loop- FAA bill, including a push to include renew- I don’t think so. None other than hole’’ in prior legislation that carved out the able energy tax breaks. The agency’s current Sullenberger said that he is doubtful he exception for cargo pilots at the request of legal authority expires July 15. and his crew could have landed that cargo carriers, he said. ‘‘There are other problems with the bill flight if they were sleep deprived. The Safe Skies Act would be an amend- that people are weighing as well, so I think He said again—this is in another arti- ment to the FAA reauthorization bill, ac- this bill has a very shaky future,’’ Boxer cle from the Daily News. He said: cording to a press release from Boxer’s of- added. fice. Boxer and Klobuchar first crafted legisla- ‘‘I get daily reminders of that remarkable Currently, cargo pilots can be on duty for tion to make sure passenger and cargo crews day. So many people rose to the occasion— up to 16 hours at a time, the release said. had the same flight- and duty-time require- the crew, all the rescue workers,’’ he said. At least one freight giant is against the ments after the Department of Transpor- ‘‘It was the result of the efforts of many peo- proposal. tation (DOT) wrote new rules to address ple, but I’ve become the public face . . . and ‘‘Cargo and passenger pilots have very dif- pilot fatigue following a deadly passenger had I been fatigued, we could not have per- ferent schedules, and one size does not fit all airline crash in 2009. formed at that level.’’ when it comes to air travel safety. Forcing The DOT standards require passenger pi- This is the classic case of a no- cargo pilots to fly according to a set of rules lots to be limited to flying either eight or brainer. The people who fly the air- developed for distinct conditions in a dif- nine hours, with a minimum of 10 rest hours planes are telling us that fatigue is a ferent industry will make them less safe,’’ and the opportunity for at least eight hours FedEx said in a statement to the Daily of uninterrupted sleep. But cargo pilots were killer. They are telling us in a cir- News. not included in the rules. cumstance of emergencies that they ‘‘Safety is our top priority. That’s why we ‘‘This doesn’t make sense,’’ Boxer said will not be able to function. oppose legislation mandating passenger-pilot Tuesday. ‘‘It’s dangerous.’’ We have an opportunity to fix it, but scheduling limits for cargo pilots,’’ the A group of shipping companies wrote a let- we don’t have a vote right now. We statement said. ter to Senate leadership explaining why they don’t have a vote. As I understand it, Sullenberger said its doubtful he and his thought the amendment ‘‘could actually we might have a vote, but they may make our operations less safe and put our pi- crew could have landed U.S. Airways Flight then say to vote on two other issues 1549 in the Hudson River on January 15, lots at risk.’’ 2009—saving all 155 souls—if they were de- ‘‘Measures used to prevent fatigue must be that are poison pill issues. That is the prived sleep. different for passenger carriers than they are way it goes around here. ‘‘I’ve proven in the most dramatic way for cargo carriers because our work sched- Someday I am going to write a book what I’m talking about,’’ Sullenberger said. ules are different,’’ wrote FedEx, UPS, ABX called ‘‘How a Bill Really Becomes a ‘‘Had (copilot) Jeff (Skiles) and I been fa- Air and Atlas Air. Law.’’ The truth is that is how it goes tigued, we could not have performed at that ‘‘We fly fewer legs, have longer layovers, around here. If one wants to vote on and have better rest opportunities on our level.’’ something, then they say: Swallow a The legendary landing on the frigid Hud- trips, including while technically ‘on duty’ son—caused by a bird strike the crippled the waiting for our nightly sorts to occur.’’ porcupine, and maybe we will give you plane’s engines after takeoff from LaGuardia Boxer beat back against the letter, accus- a vote. Airport—is something he still thinks about ing special interests of intervening. Now here is another one. ‘‘Miracle on ‘‘The proof is in the pudding,’’ Boxer said. constantly, he said. the Hudson Pilot Pushes More Rest for ‘‘I get daily reminders of that remarkable ‘‘Special interests are doing what they al- Cargo Crews.’’ He and I are standing day. So many people rose to the occasion— ways do: trying to get a deal.’’ there, and all I am saying is: the crew, all the rescue workers,’’ he said. Mrs. BOXER. Thank you, Mr. Presi- We just need a vote on this, and you know ‘‘It was the result of the efforts of many peo- dent. if people want to come down in the well and ple, but I’ve become the public face.’’ Here it is. This one in The Hill is vote the wrong way on safety, then they Asked about Warner Bros planned release quoting Captain Sullenberger: have shown themselves . . . [but], frankly, of ‘‘Sully’’ this September—a movie based on ‘‘Fatigue is a killer’’. . . . ‘‘It’s time to they are putting the lives of people at risk. his autobiography ‘‘Highest Duty’’— right this wrong. It’s time to fix this rule.’’ Sullenberger, 65, said he’s grateful for all the And I am asking for a vote. Again, continued attention. Here is another quote in the New Sully Sullenberger is quoted: ‘‘I’m doing very well. I’ve been saying that York Daily News, with a picture of ‘‘Let me be very direct: Fatigue is a killer. for a long time. If I was not doing well, it Captain Sullenberger saying: . . . It’s a ruthless indiscriminate killer that

VerDate Sep 11 2014 03:54 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.002 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S1996 CONGRESSIONAL RECORD — SENATE April 13, 2016 our industry and our regulators have allowed They talk about the Colgan Air crash COALITION OF AIRLINE to continue killing for way too long.’’ in 2009. We took action to fix the prob- PILOTS ASSOCIATIONS, This is not partisan. I have a Demo- lem on passenger planes, but it was in- Washington, DC, March 31, 2016. Hon. JOHN THUNE, cratic administration who did the explicable that it was left out of the wrong thing on this. I have a Repub- Chairman, Committee on Commerce, Science and cargo planes. Transportation, U.S. Senate, Washington, lican Senate that is not giving me a DC. vote on this. Come on. When people die As pilots, they say safety is their No. 1 priority. Hon. BILL NELSON, in an airplane crash, we don’t know if Ranking Member, Committee on Commerce, they are Democrats or Republicans; we They say: Science and Transportation, U.S. Senate, just know we cry our hearts out for the Washington, DC. ‘‘We cannot do our job if we are not all families. DEAR CHAIRMAN THUNE AND RANKING MEM- held to the same safety standard. A tired and BER NELSON: I am writing you today on be- I am going to show you the crashed fatigued pilot is a danger to everyone in plane again. This is what happens when half of 28,000 professional airline pilots in their path.’’ support of the Klobuchar Amendment to the there is fatigue. This is what can hap- FAA reauthorization bill. As you know, dur- pen. There have been many of these That is the point. These passenger pi- ing the committee mark-up Senator Klo- crashes because the pilots are flying on lots are rested; the cargo pilots are fa- buchar respectfully withdrew consideration 5 hours of sleep. tigued. They fly in the same sky, in the of her amendment with the hope and com- All I am asking for is a vote. Give us same airspace. They try to land at the mittee leadership would work with her to a vote. If you want to vote it down, same airports. Having this disparity is solve what is known as the cargo carve-out. vote it down. You will be judged. That a nightmare. As you are aware, Congress passed legisla- is OK. That is your problem, not mine. tion in 2010 following the deadly 2009 Colgan They say: Air Flight 3407 crash that claimed the lives I want to praise Senator KLOBUCHAR, of 45 passengers, 4 crew members and 1 indi- who is the coauthor of this amend- ‘‘Please, do not let another tragedy be the vidual on the ground. As the details of the ment. She was very effective in her reason for action. This is your chance to fix pilots’ lack of training and fatigue came to comments both in the committee and the cargo carve-out and ensure safe skies in light, the American public demanded that at the presser yesterday. this nation.’’ more be done to ensure safety in our skies. Sullenberger, the ‘‘Hero of the Hud- Congress heard these concerns and in- I thank these pilots for weighing in son,’’ said this in this other article: cluded a requirement in the 2010 FAA reau- on this issue. It means a lot to me that ‘‘This rule was written the way it was, not thorization that the Department of Trans- for scientific reasons, but for economic ones, they did it. portation promulgate rules on pilot duty and by those who are more concerned about an rest hours to prevent fatigue and ensure The Coalition of Airline Pilots Asso- flights are safely operated by pilots with additional burden that they consider an ad- ciations talks about the Klobuchar ditional cost. It’s time to right this wrong. adequate rest. amendment, which is this amendment, As well-intended as those rules were, some- It’s time to fix this rule.’’ and they ask us to please allow this how through a cost benefit analysis and You know, those of us who have been vote. other inexplicable changes to the original around a long time remember the Ford rules as proposed, cargo pilots were carved Pinto. That car exploded when there They say: out of these new regulations, apparently be- cause it was too costly to ensure cargo pilots was a crash. I think a lot of us remem- ‘‘We cannot continue operating with two ber it. When discovery was done by the had adequate rest. levels of safety and we sincerely hope you Time and time again we see tragic, and attorneys for the victims, they found are able to fix the cargo carve-out once and avoidable, plane crashes where fatigue is one out the cold and calculating ways the for all.’’ We urge your support for this of the factors contributing to, or out right to corporation viewed these accidents and amendment. blame, for these accidents. In fact, the Na- losses of life. Oh, they said, we can tional Transportation Safety Board listed I thank so much Captain Michael stand X number of accidents a year, no preventing fatigue related accidents as their problem, because we have insurance. It Karn, president of the Coalition of Air- number one most wanted improvement in will not affect us. But, gee, it will cost line Pilots Associations. transportation safety for 2016, citing a 2013 us X number of dollars to fix the prob- You know, I want to say to my col- UPS plane crash in Birmingham, Alabama as an example. lem. leagues who might be listening from When the FAA reauthorization legislation What could be more callous? What their offices: We get on planes all the reaches the Senate floor for debate, we urge could be more cold? It is the same time. We have 100-percent faith in the you to use this opportunity to protect your thing here. It is the companies. pilot. We all do. They have the respon- constituents and all Americans across this Do you know what is fascinating? sibility of getting us to our families country. Please do not wait until faced with The airlines that now operate under safely. Every single pilots association another tragic accident to address this issue. the 9-hour rule—I will put up the chart We cannot continue operating with two is saying to us: Fix this carve-out. It is levels of safety and we sincerely hope you that shows the two planes with the dif- dangerous. are able to fix the cargo carve-out once and ferent times. The airlines that now fly Any of us could be on a passenger for all. We urge your support for the Safe their pilots up to 9 hours a day, com- Skies Act and Senator Klobuchar’s amend- pared to the cargo plane owners who plane just doing great with the rested ment to the FAA reauthorization bill. permit their pilots to work up to 16 pilot, and somehow a cargo plane Thank you for your time and consideration hours a day, they—the airline industry crashes into us because that pilot had on this important aviation safety issue. is doing great. They never said word 5 hours of sleep. Sincerely, Captain D. MICHAEL KARN, one of a problem. They had rested pi- So we have all of these letters from President. lots, they had happier crews, and they the Independent Pilots Association, the are doing fine. So why is it that we get Allied Pilots Association, the Inter- APRIL 8, 2016. letters from the corporations that fly national Brothers of Teamsters, Team- Hon. JOHN THUNE, these planes—God forbid we should tell sters Local 1224, Teamsters Local 357. Chairman, Committee on Commerce, Science & them to give their pilots rest. They are all saying the same thing: We Transportation, U.S. Senate, Washington, DC. I want to tell you who is on our side. cannot do our job if we are not all held The Southwest Airlines Pilot Associa- Hon. BILL NELSON, to the same safety standard. A tired Ranking Member, Committee on Commerce, tion—this thrills me—just sent us a and fatigued pilot is a danger to every- Science & Transportation, U.S. Senate, letter: one. Don’t let another tragedy be the Washington, DC. On behalf of the more than 8,000 pilots— reason for action. DEAR CHAIRMAN THUNE AND RANKING MEM- This is actually to Senator THUNE— BER NELSON: We the undersigned unions rep- Mr. President, I ask unanimous con- I urge you to include Senator Barbara resenting more than 30,000 pilots across the sent to have printed in the RECORD two Boxer’s Safe Skies Act in the FAA reauthor- United States urge you to include Senator ization. letters I have referred to. Barbara Boxer’s Safe Skies Act in the 2016 FAA Reauthorization currently before the They say: There being no objection, the mate- full Senate. It fixes a huge safety gap that exists in our rial was ordered to be printed in the Senator Boxer’s bill, S.A. 3489, fixes a huge air transportation today. RECORD, as follows: safety gap in our air transportation system

VerDate Sep 11 2014 03:54 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.019 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S1997 today. After the Colgan Air crash in 2009, bring to the Senator’s attention that I IRAN Congress took action to prevent future trag- am very hopeful that we are getting an Mr. PERDUE. Mr. President, I rise edies mandating that the Department of agreement that there will be a vote on today to speak about an issue that we Transportation issue science-based regula- too often forget about here after the tions addressing pilot fatigue in our nation’s the Senator’s amendment and some airlines. After substantial research and re- other amendments. I thought the Sen- fact. We move on to the next topic of view of undisputed scientific evidence on ator would be happy to hear the news the day. But it was just 1 year ago, on sleep cycles and fatigue, the draft rules cre- that it looks as if we are coming to an April 2, that actually marked the ated a new set of requirements related to agreement where there will be a vote framework for the Joint Comprehen- duty and rest time for all pilots. on the Senator’s amendment. sive Plan of Action, the President’s nu- Ignoring these irrefutable facts and the Mrs. BOXER. Well, if I could respond clear deal with Iran. That was the day recommendations from safety experts, the it was announced. We were promised by White House Office of Information and Regu- through the Chair, the words of my col- latory Affairs removed all references to league are very hopeful. I just hope it this administration at all levels that cargo airlines from the final rules suggesting is not tied to some poison pills that this nuclear agreement would make that a cost of imposing this safety regula- other people have a problem with. You the world a safer place. I have traveled tion did not outweigh the benefits to the never know around here what is going the world quite a bit in the last year. I public. Or more simply stated, preventing to happen. In my view—and I know the just got back from another trip to the the death of two pilots and the loss of some Senator shares it because I know his Middle East. I believe the world pos- cargo does not exceed the cost to a corpora- sibly is more dangerous right now than tion to change their pilots’ schedules. passion is with me on this—the fact is, As pilots, safety is our number one focus. this should be an up-or-down vote. It at any time in my lifetime. Rather than argue and dispute the details of should not be related to other things. Unfortunately, the message that the the process that created the cargo carve-out, It is the No. 1 safety issue of the NTSB. world is safer did not resonate with we are more interested in fixing the problem. My friend from Florida is like a Iran. The world was given a false prom- When we are behind the controls of an air- ise that this nuclear deal would serve plane trying to get from point A to point B, brother to me, and we counsel each other on issues on which we have some as a catalyst for change and a modera- we do not think about the costs or the bene- tion within Iran. We have seen change, fits of what we do in the cockpit. Our work expertise. I know he is in there fighting before, during and after our flights is 100% to get a vote. I am so grateful to him. but it has only been for the worse. Iran focused ensuring safety. Our lives depend on I have added a whole bunch of support is both enriched and emboldened by it, the lives of those on our planes depend on for this. this dangerous deal. The President’s it and certainly the lives of those who see us I will close at this point because I deal provided Iran with over an esti- flying overhead depend on our commitment mated $100 billion, approximately, to safety. think my friend has given me some hope. I am going to close reading the windfall. We cannot do our job if we are not all held The Secretary said just this January to the same safety standards. A tired and fa- recording. I don’t know—I ask Senator that Iran ‘‘had massive needs within tigued pilot is a danger to everyone in their NELSON, did you ever hear this? I want their country and we, the U.S., will be path. Please do not let another tragedy be to make sure you did. This will take able to track where this money is the reason for action. This is your chance to just a moment. This is from the ex- fix the cargo carve-out and ensure safe skies going, what is happening with it.’’ But cerpt from the flight deck before a in this nation. instead of focusing these funds inward, plane went down: Sincerely, as we were assured, on improving the Pilot 1: I mean, I don’t get that. You Captain KEITH WILSON, lives of their people, Iran has chosen to know, it should be one level for every- President, Allied Pilots use the money to bolster its conven- Association. body. tional forces and cyber capabilities, to Captain ROBERT TRAVIS, These are words from the grave. strengthen its proxies, to crack down President, Inde- Pilot 2: It makes no sense at all. on its own people, and to further desta- pendent Pilots Asso- Pilot 1: No, it doesn’t. bilize the region. ciation. Pilot 2: To be honest, it should be Captain DAVID BOURNE, Iran has test-launched four ballistic Director, Airline Divi- across the board. To be honest, in my missiles since the nuclear deal was an- sion, International opinion, whether you are flying pas- nounced. Most recently, these missiles Brotherhood of sengers or cargo, if you are flying this were launched with the words ‘‘Death Teamsters. time of day, you know fatigue is defi- to Israel’’ emblazoned on their side. Captain DANIEL WELLS, nitely— The most recently launched missiles President, Teamsters Pilot 1: Yeah, yeah. were more advanced, by the way, preci- Local 1224. Pilot 2: When my alarm went off, I Captain JAMES CLARK, sion-guided and more sophisticated. mean, I’m thinking I’m so tired. Iran has the largest inventory of bal- President, Teamsters Pilot 1: I know. Local 357. listic missiles in the Middle East capa- Now, when this happened, I thought ble of delivering weapons of mass de- Mrs. BOXER. I know people are say- for sure that our administration would ing: BARBARA, why are you being so struction. They continue in developing take care of this and change that rule. tough and not letting us vote on other space-launch vehicles as well that are a They didn’t. That is why we are here. things? transparent guise for seeking longer I have to say this: If we don’t use this I wanted everyone to know this: range missile capability. occasion to fix a problem that is listed Sometimes it is hard to look at some- Iran humiliated and detained at gun- as the No. 1 safety issue by the NTSB, thing like this, but it is harder to look point U.S. Navy sailors, in violation of and we can do it in 2 minutes—I have at the final result of what happened international law. spoken my piece. You know, one of my from fatigue. This is what happened According to American officials, Iran staffers said she explained to her 6- within minutes of that conversation. is using cyber espionage and cyber at- year-old child what the issue is because People could not function. Captain tacks as a tool of influence with Ira- he is always interested in what she is Sullenberger said it well: Fatigue is a nian hackers, breaking into email and working on. She said: Jacob, the fact killer. social media accounts of employees of is, the planes are the same size, and the We could fix it here today. We fixed our very own State Department who man who is flying this one and the lady it—Olympia Snowe and I—years ago for worked on Iran-related issues. flying this one get different hours of passenger aircraft. We need to fix it for Iran used American hostages for stra- rest. cargo pilots. They deserve our support tegic and economic leverage from this I see that my friend from Florida, the and the support of people who rely on administration, only turning over in- great ranking member of the Com- them—all of us—because they share nocent Americans when the adminis- merce Committee, might want to ask a the sky with the passenger aircraft. We tration freed 7 Iranian sanctions viola- question. need to fix this. tors and dismissed charges on 14 other Mr. NELSON. Will the Senator yield? I thank the Senator from Florida. Iranians, including 2 men who helped Mrs. BOXER. Yes, I will. I yield the floor. transfer soldiers and weapons to the Mr. NELSON. Mr. President, I thank The PRESIDING OFFICER (Mr. Assad regime and to the terror group the Senator for yielding. I just want to SCOTT). The Senator from Georgia. Hezbollah.

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The No. route from Iran to Yemen in support of was sanctioned for this transaction. 1 answer by these heads of State was the Houthis. This shipment included The technology arrived in Iran by boat universal: America needs to lead again. about 1,500 Kalashnikov rifles, 200 or by plane. Yet no shipping line or air- We have created these power vacu- rocket-propelled grenade launchers, line or any logistics firm was included ums. It is time now to close this one and 21 .50-caliber machine guns. That in the sanctions. with Iran. would be bad enough if it were the only We need to codify sectoral sanctions Mr. President, I suggest the absence one, but this is the fourth such seizure on Iran for ballistic missiles and im- of a quorum. in the region just since September of pose tougher standards for mandatory The PRESIDING OFFICER. The last year. I think it is very clear what sanctions, including acquisition or de- clerk will call the roll. Iranian intentions are with regard to velopment of ballistic missiles as ac- The legislative clerk proceeded to the rebels in Yemen and also to the tivity requiring sanctions. We need to call the roll. terrorists of Hezbollah, Hamas, and show Iran we are serious about stop- Mr. BLUMENTHAL. Mr. President, I others in the region. ping their continued support of ter- ask unanimous consent that the order According to the State Department, rorism and human rights violations. for the quorum call be rescinded. Iran continues to be the world’s lead- We should impose stricter sanctions on The PRESIDING OFFICER. Without ing state sponsor of terrorism. That is the Iran Revolutionary Guard Corps for objection, it is so ordered. our own State Department. In its quest their support of terrorism. We need to WELCOMING TEAM 26 FROM NEWTOWN, to dominate the Middle East and expel freeze assets owned by the IRGC, its CONNECTICUT American influence, Iran has exploited members, and its affiliates. We should Mr. BLUMENTHAL. Mr. President, terrorism as a tool of statecraft to op- codify Executive Order 13599 which pro- the Senate has remarkable, even magic pose U.S. interests and objectives in hibits Iran’s direct and indirect access moments. Yesterday was one such time Iraq, Bahrain, Lebanon, and Pales- for my colleague from Connecticut and tinian territories. Iran continues to to the U.S. financial system. We need to improve new sanctions against Iran me. Senator MURPHY and I had the spend an estimated $6 billion a year in great honor and privilege to again wel- support of Bashar al-Assad in Syria as a money-laundering entity for ter- rorist groups and for its human rights come Team 26 from Newtown, CT, at and millions of dollars and materiel to the end of a truly extraordinary jour- Hezbollah and Hamas. abuses. ney—their fourth bike ride from New- On a recent trip to the Middle East We need to reauthorize the Iran sanc- town—to commemorate and remember just a few weeks ago, I heard these con- tions act. This vital legislation, which cerns from our friends and allies in the is one of the most important linchpins the 26 beautiful children and educators region firsthand. Iran’s domestic re- in U.S. sanctions architecture on Iran, who were killed at Sandy Hook Ele- pression has also gotten worse. The is due to expire at the end of this very mentary School. This incredibly searing and horrific crackdown on dissent is at its worst year. Without the authorization of since the 2009 Green Movement, accord- ISA, the Iran sanctions act, the threat moment in the life of our State in De- ing to the NGOs. Iran continues to im- of snapback for Iranian violations of cember of 2012 was marked by their prison those who disagree with the the nuclear deal doesn’t carry much first journey 3 years ago. This one was mullahs and imprisons those who are weight. We need to have these sanc- their fourth ride through rough roads at odds with the regime. Executions tions reauthorized so we can use them and tough traffic, and snow and rain are at their highest level since 1989. swiftly in the event of any future Ira- across the Northeast as they pedaled— Further, the regime disqualified thou- nian violation. President Obama has literally pedaled—to Washington, DC, sands of reformist candidates in its re- already admitted that Iran has vio- from Newtown. cently held parliamentary elections. lated the spirit of the nuclear agree- We said goodbye to them on Satur- When you look at the facts, it is ment. day morning in some pretty cold clear the Middle East, and I would Finally, we must ensure that Israel is weather. I was there. They braved some argue the world, is potentially worse able to maintain its qualitative mili- fierce storms to be here, but the mem- off since the signing of the President’s tary edge—this is a standard that we ory they carried with them and the re- nuclear deal. What are we doing about have upheld for many years—and equip solve and resilience they showed truly it? I think that is the question the our gulf allies against increased Ira- epitomizes the spirit of Sandy Hook American people should keep their nian aggression from proxies. and its wonderful people who not only eyes on. According to Secretary Kerry, Iran’s behavior over the past year survived that unspeakable tragedy of ‘‘Iran deserves the benefits of this has proven they are not worthy of the December 2012 but also showed Amer- agreement that they struck.’’ trust bestowed upon them by this ad- ica a lesson with acts of kindness, un- Despite the four ballistic missile ministration. While the administration ceasing advocacy, resilience, resolve, launches, the administration will not refuses to admit reality, Congress must and—most importantly—a message of call them a violation of U.N. Security hold Iran’s feet to the fire to get a peace, love, and hope. Council resolution 2231. This is the res- stronger U.S. policy toward Iran. We I wear still on my wrist a bracelet I olution that includes the nuclear deal, cannot afford to give this rogue regime received then. Its lettering is worn out, arms embargo, and ballistic missile the benefit of the doubt any longer. so it is no longer readable, but it is prohibitions. Just last week, Ambas- Iran refuses to be an honest actor. It that same message of hope, peace, and sador Shannon, the Under Secretary of is clear from Iranian actions, just since love they brought with them as they State for Political Affairs, told the the nuclear deal was announced, that traveled here. Foreign Relations Committee that he they have not changed their behavior Today a number of them came to the believes these ballistic missile tests on missile testing, human rights viola- Capitol. I was proud to greet them with ‘‘violated the intent’’ of the U.N. Secu- tions, or support for terrorism. Our their leader, Monte Frank, who orga- rity Council resolution but would not policies must change to reflect the nized that first ride. He is responsible call it a violation. I am troubled by dangerous reality. for the extraordinary leadership in that. Iran’s ever-increasing support for The Obama administration should keeping that together and keeping terrorism and instability is going es- work with Congress to strengthen our them going over those rough roads. sentially unchecked. This is no way to sanctions, reauthorize the Iran sanc- With us at the Capitol today were handle a rogue regime. Instead, we tions act, and stand up to Iran’s total Peter Olsen, Andrea Myers, Drew need to take a tougher stance on Iran disregard for international restrictions Cunningham, and Ken Eisner. They are now that we see their intentions and the original intent of this nuclear among the 26 riders who came to Wash- postdeal. deal. ington yesterday, met with us outside

VerDate Sep 11 2014 01:16 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.022 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S1999 the House of Representatives, then would continue to honor their lost loved It strikes me that there are similar- went to the White House and met with ones. We made the same promise to the ities between this ride and the chal- officials there—including Valerie many victims’ families we have met since lenges ahead of us. Every tough ride is then in Baltimore; Bridgeport, Conn.; Har- Jarrett—and eventually with the Vice lem, N.Y.; and the District of Columbia. a long stretch of both peaks and val- President of the United States, Mr. While we established Team 26 for Sandy leys. The challenge is knowing there is BIDEN. Hook, Team 26 could just as easily be named another hill coming before you and not The members of Team 26 chose to for the victims of gun violence in Chicago on giving up, knowing that at the end of ride to Washington, DC, not only for a given weekend. In fact, gun violence is so that long ride, there is reward. their personal reasons but to deliver a prevalent that we could be called Team 26,000 When we talk about the scope of our petition with a very clear message that and that number would fall short of the fight to change the laws of this coun- guns have no place on campuses. They number of gun deaths each year in America. try to try to put a dent in this epi- have no place on school grounds. They I have with me the petition they demic of gun violence, we have to view have no safety reason to be there. In brought here, but more important, I our journey the same way. There are fact, they aggravate the danger of fire- am here to tell my colleagues we must going to be peaks and there are going arms and other kinds of peril on school act. We must cease our complicity in to be valleys. There will be moments of property. They also ride on behalf of this body. If tens of thousands of peo- triumph where we change the laws for commonsense, sensible measures that ple in this country were infected with the better, where we see progress, as can be achieved—and we have an obli- Ebola or the Zika virus or the flu, we have in Connecticut, where a new gation to achieve. That is what they there would be drastic and urgent ac- State law has resulted in a 40-percent said to us as we met with them in front tion to meet that public health crisis. diminution in the number of gun homi- of the Capitol yesterday. The epidemic of gun violence in this cides. Then there are the valleys—mo- Their message was that we can save country is no less a public health cri- ments like we had here in early 2013, lives, that we can work together. We sis. It is equally an epidemic, and it where despite 90 percent of Americans can get things done across the aisle, on can be stopped. It must be stopped. supporting the idea that you should a bipartisan basis, to do what 90 per- I want to close with the words of prove you are not a criminal before you cent of the American people want, Dennis Niez of Bethlehem, CT. Dennis buy a gun, we weren’t able to pass that which are universal background checks rode here with Team 26 and wrote the law because of a filibuster here. Every to keep guns out of the hands of dan- following, entitled ‘‘Why I Ride.’’ great change is defined not only by gerous people and criminals, making I ride for the kids who will never know the failures but by peaks and valleys, as sure gun trafficking is a Federal crime joy of riding a bike, the feeling of freedom, the visits of their best friends to their house. was their ride. I join Senator and that straw purchases are against All of it taken away in a split second with a BLUMENTHAL in thanking them for fo- Federal law, ensuring that fewer guns firearm left loaded in the same house where cusing on this particular issue of guns get into the hands of dangerous people, they’re supposed to feel safe. on campuses. particularly domestic abusers. When I ride because the same people who have It is up to every individual as to domestic abuse is combined with a gun serious mental health issues are able to pur- whether they choose to buy a firearm, in the home, death is five times as chase deadly firearms without a background but they should make that decision im- check because of a loophole. likely. I ride because the same people who have a bued by the facts. And the facts are This message ought to also include temporary restraining order because of do- pretty clear that if you have a firearm limiting the use of high-capacity mag- mestic violence are sometimes able to keep a in your home, it is much more likely to azines that can prevent all kinds of ter- deadly firearm. be used to kill you or to kill a family rible rampages with assault weapons I ride so our elected officials, regardless of member than it is to kill an intruder, that have become all too prevalent in affiliation, will feel shame when they look at to kill someone trying to do harm to this country. Providing protection themselves for not doing enough to keep guns away from people who should not have you. when temporary restraining orders are them. Nancy Lanza had guns in the home issued in domestic violence cases can I ride because kids in the U.S. are nine for a variety of reasons, but one of the help some of the most vulnerable mem- times more likely to die from a gunshot than reasons, apparently, was that as a sin- bers of our society, victims of domestic in any other western country. gle parent, she wanted firearms for pro- abuse, at a time when they need it I ride because Dawn Hochsprung was my tection. Of course, her guns were used most, and making sure the gun-manu- kid’s principal in Bethlehem, CT, someone to kill her and then 20 small first grad- they will always remember. She was a friend facturing industry is not given an ex- to all the kids. ers and their teachers. Similarly, on emption from liability that every other I ride because doing nothing won’t make campuses, the data tells us that in industry has to defend against when it the problems go away. areas that have more guns, you are breaks the law. PLCCA ought to be re- On that beautiful, sunny day yester- more likely to have higher rates of gun pealed, and I have introduced legisla- day, as remarkable and magic a time homicides. This fiction that if you just tion that would do it. as it was, I thought of all those Sun- arm all the good guys, they will kill all This problem of gun violence affects filled days that those 20 beautiful chil- the bad guys is not actually how it all of us—not just through the mass dren and 6 great educators will never plays out in real life. shootings and massacres that occurred, have and that others also will be de- So I thank them for bringing these such as Sandy Hook, but 30,000 deaths prived of having because Congress is petitions here to shed focus on this every year. Many of them are suicides, failing to act. We must act, and I hope movement to make sure we don’t have preventable, senseless, and avoidable if we will act and carry with us in our students walking around campuses we take action to tackle the problem of hearts always the message of Team 26. with concealed weapons. That doesn’t gun violence in this country. That is I am proud to yield to my colleague make for a safer campus environment. the message of the riders who braved and partner in this effort, Senator Lastly because I know others want to those storms, who traveled those rough CHRIS MURPHY of Connecticut. speak, I want to talk about two things roads, and reminds us that Congress The PRESIDING OFFICER. The Sen- that struck me from our meeting at has been complicit in these deaths by ator from Connecticut. the White House at the end of the day its failure to act. Congress is complicit Mr. MURPHY. Mr. President, I thank yesterday. The first was when all the in gun violence and its deadly toll in very much my colleague Senator riders on Team 26 got to tell their sto- this country. BLUMENTHAL. I want to associate my- ries about why they decided to join Monte Frank is a Sandy Hook resi- self with all the remarks of my col- this ride. Many of them, frankly, were dent who was one of the founders and league from Connecticut. doing it for deep love and affection for leaders of Team 26. He rode here again Let me congratulate the riders from Monte Frank, but they all shared a this year and has ridden every year. I Team 26 for making it through such in- common cause with him. Around that am proud he is a friend. He recently clement weather, making it through table were individuals who had suffered wrote: such a challenging ride to bring these gun violence in their immediate fam- Team 26 will ride again because we prom- messages to the Halls of Congress and ily. One woman’s son committed sui- ised the families in Sandy Hook that we to the White House. cide shortly after the murders in Sandy

VerDate Sep 11 2014 03:54 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.023 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2000 CONGRESSIONAL RECORD — SENATE April 13, 2016 Hook. Another husband and wife lost I know the Senator from Connecticut improve the background check system close friends in a mass shooting. But and I have different views on the Sec- for people who are adjudicated men- many of the individuals who were there ond Amendment, and that may be be- tally ill, such as the shooter at Vir- were simply there because they had cause there are different views around ginia Tech. This was a failure of the children who were in school, and they the country based on our experiences current system, where the Virginia law knew that there but by the grace of and the culture in which we were did not require that this mental health God, it could be their child. raised. I realize that in urban areas, adjudication be uploaded into the I have a first grader I drop off every particularly in the Northeast, the idea background check system and then morning at school, and I know there is of people being raised around guns as a this terrible tragedy occurred. nothing different about my child’s sort of way of life for recreation and There are things we can do to im- school than Sandy Hook Elementary self-defense and the like is just not prove the current background check School. And I think about Nicole their experience, but in other parts of system. There are things we can do to Hockley almost every morning when I the country—where the Presiding Offi- arm parents and families with new drop off my 7-year-old. She said she cer lives and where I live—it is, and tools to help their mentally ill loved never imagined that it would be her, people feel very strongly about their ones and maybe, just maybe, change and she doesn’t know why more par- rights under the Second Amendment. the course of some of these incidents of ents don’t step up and try to do some- There is a common ground here, and mass violence, which are a terrible thing about this before it is their child. the Senator from Connecticut and I tragedy. So I make that offer. The second thing I was struck by was have talked about this, and that has to I know the Senator is not ready to their experience along the road. They do with the mental health issue, where cosponsor my legislation as currently noted that in over 4 years, they haven’t I hope we can find that consensus be- written, but I would invite him to take run into anybody who has disagreed cause as long as we are talking past a copy of it, mark through in a pencil with their mission or who has given each other, we are never going to re- the things he doesn’t like and can’t them a hard time about their advo- solve any of these issues, and I do live with and give me what he can live cacy. And that is really not surprising think there is some common ground. In with, and then we can perhaps begin given the fact there is broad consensus the end, a gun is an inanimate object. that conversation. among the American public as to what The fact is, if we continue to ignore the I thank the Senator for listening. we should do. fact that mental illness is very often a BANKRUPTCY, NOT BAILOUTS BILL There really is no disagreement in factor in acts of gun violence, I think Mr. President, I came to speak on the any of our States—regardless of geog- we are going to continue to talk past FAA bill, the Federal Aviation Admin- raphy, race, or political ideology—on each other. istration reauthorization bill, but I whether we should make sure that As the Senator and I have discussed, first want to commend our colleagues criminals don’t buy guns, make sure I actually have a bill that I have intro- in the House for passing some impor- that people who have a serious mental duced—the safer cities and mental tant legislation yesterday called the illness can’t get their hands on fire- health reform bill—which includes a ‘‘Bankruptcy, Not Bailouts’’ bill—a bill arms. This appears to be controversial provision allowing people like Adam that will put to rest once and for all and politically toxic, the way we talk Lanza’s mother to go to court and get the concept that it is somehow the tax- about it, but the way it is talked about a civil court order that would mandate payers’ responsibility to bail out finan- on the Main Streets that Team 26 rode that Adam Lanza take his prescribed cial institutions when they fail, put- down, it is not controversial at all. It anti-psychotic drugs. ting our financial system in jeopardy. is a settled issue: Criminals shouldn’t I don’t know in this instance if it Of course, the idea of too big to fail buy guns. And there is no justification, would have changed the course of was an unfair and, I think, an erro- in most Americans’ minds, for a Fed- events, but I do know it would have neous concept made part of the law in eral law that today, on average, allows given Adam Lanza’s mother—whom he the Dodd-Frank legislation that for four of six guns to be sold without murdered, and he stole her guns and prioritizes large financial institutions a criminal background check. They then killed these poor, innocent chil- over the needs of American families. want the law changed. We shouldn’t dren at Sandy Hook—an additional We need to do everything we can to pretend this issue is politically con- tool and may have just possibly avert- protect taxpayers from having been troversial. It might be amidst lobbying ed the tragedy. called upon to bail out banks. We need circles in Washington, but it is not in I know there are many families in to let banks go bankrupt and use exist- the communities Team 26 rode America today who would welcome ad- ing laws to restructure their debt and through, and they can tell you that be- ditional tools by which they could then then to get back on track. So this is cause they were cheered everywhere help loved ones become compliant with actually a very important step in the they went. their doctors’ orders to take their right direction. It is no small feat to organize this medication and become productive peo- I commend Chairman HENSARLING in ride. It makes a difference in the com- ple. the House of Representatives for pass- munities in which they do events, the There is a gentleman named Pete ing this important piece of legislation. communities through which they ride, Earley whom I know the Senator It is similar to legislation that I have and it will ultimately make a dif- knows and who has testified here often. introduced here in the Senate with ference here. Every great movement He is a journalist, but he wrote a book Senator TOOMEY, the junior Senator for change is a long journey made called ‘‘Crazy.’’ It is a book about his from Pennsylvania, and I hope we can worthwhile at the end when, after you son’s experience, who had mental ill- move forward soon. have ridden up lots of hills and down ness. It is not about his son. The title I have one other interjection on the into valleys, you end up at the finish is not for his son. It is about the so- whole idea of bankruptcy versus bail- line. called system that fails people like outs. I read in the press and I hear I thank Team 26 for their work. Pete Earley’s son because it doesn’t from some of our colleagues in the I yield the floor. provide the options they need in order House that they think the bankruptcy The PRESIDING OFFICER. The Sen- to deal with their mental illness. laws are somehow a bailout. It is the ator from Texas. So I do think there are ways we can antithesis of a bailout. It is the oppo- Mr. CORNYN. Mr. President, while work together, but as long as we just site of a bailout because what it does is my friend from Connecticut is on the keep making speeches to our respective it authorizes a court of law under es- floor, let me say that I have been here constituents back home, we are never tablished rules and laws to restructure long enough now to realize it is hard to going to do that. the debt of the bankrupt person or change things with just a speech. In- I know we are working on the mental business. In doing so, it allows them to deed, it is hard to change things by health issue now, and I would just say get it behind them and then to get on just voting up or down on bills. The to my colleague: I am more than happy and continue to live a productive life way we actually solve problems is by to try to find some common ground on as an individual or to deal with a pro- trying to find consensus. this issue because I do think we need to ductive business if you are a business.

VerDate Sep 11 2014 01:55 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.025 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2001 But the idea that somehow taking need to pay more, what we need to do as well as Iran’s proxies, as the regime advantage of the bankruptcy laws is a is become more creative. That is why continues unabated to undercut the in- taxpayer bailout is flat wrong. I hope public-private partnerships are impor- terests of the United States and our al- our colleagues in the House have the tant. lies in the Middle East, such as Israel. courage, particularly as we look at the Local communities are willing to Unfortunately, today Mahan Air is Puerto Rico situation, to realize that join in a partnership with the Federal working to expand its international op- at some point, unless we act in the Government to deal with these critical erations now that the Obama adminis- House and the Senate to deal with the infrastructure needs at land, air, and tration has lifted sanctions as part of impending crisis in Puerto Rico, unless sea ports, and that is what this amend- the misguided Iran nuclear deal. we act in advance of that crisis, we are ment would do. Mahan Air is expanding its oper- going to be presented with an emer- We have already seen in my State ations and adding more international gency situation, and we are going to be time and again how important these airports to its flight patterns, includ- asked to bail out Puerto Rico using partnerships can be to help reduce wait ing several in Europe in an effort to in- taxpayer dollars, and I want none of times at ports of entry—at the land- crease its bottom line. Mahan Air’s un- that. based ports of entry such as Laredo, fettered support of terrorism in the I think all of us who were here during which is the largest land-based port of worst aspects of the Iranian regime the financial crisis in 2008 would say entry in the United States. If you have should give us all pause. I am con- the same thing: We want none of that. ever been there, you have seen the cerned about the security risks of So let’s do our work, whether it is end- trucks stacked up coming from Mexico. Americans who fly in and out of the ing too big to fail for large financial in- There is important trade that goes on same airports serviced by a Mahan Air stitutions or dealing with the impend- between our two countries that sup- aircraft. ing bankruptcy and financial crisis in ports 6 million jobs in the United My amendment would require the De- Puerto Rico. States alone. But these public-private partment of Homeland Security to Mr. President, to the topic of the partnerships have been very successful compile and make public a list of air- day, for the past few days we have been in helping to deal with our infrastruc- ports where Mahan Air has recently working on this legislation to reau- ture needs. It is not just about conven- landed. I think the public has a right thorize the Federal Aviation Adminis- ience. It has an economic impact as to know that the airports they are fly- tration. Chairman THUNE of the Com- well. ing into are being used to service an merce Committee and his staff have I mentioned that the 6 million people airline of the Iranian Government used been doing some good work and mak- who benefit because of their jobs de- to export terrorism. It would also re- ing a lot of progress toward completing pend on binational trade between the quire the Department of Homeland Se- the bill. I hope that cooperation con- United States and Mexico. For exam- curity to assess what added security tinues and that we are able to conclude ple, according to one study, each measures are needed. We must protect this legislation tomorrow. minute a truck sits idle at the border our country and our citizens from an This legislation would do some very waiting to come to the United States, airline that is complicit in terrorist ac- important things. It would streamline even though they are legally author- tivity. critical new investments in airport in- ized to come here to bring goods manu- I hope my colleagues will join me in frastructure and aviation safety to pro- factured or produced in Mexico, more supporting this commonsense amend- tect passengers and to help them get than $100 million in economic output is ment to the FAA reauthorization bill where they need to go more efficiently. lost or forfeited. to help shine a light on this bad actor. It would also include the most com- Let me say that again. For every I will close with this. Under new prehensive airline security reforms minute a truck sits at the border be- leadership, the 114th Congress has ac- since President Obama took office. For cause we don’t have the infrastructure tually gotten the Senate back to work example, it strengthens the vetting to process the truck into the United again. It is not just for the benefit of process for airport employees and ad- States, more than $100 million in eco- the majority party. It is not just for dresses a growing number of cyber se- nomic output is lost or forfeited. the benefit of the minority party. It is curity threats facing aviation and air So this amendment would authorize actually for the benefit of the constitu- navigation system. more of these partnerships, which ents we serve, because they are the Most important of all, it puts Amer- would also facilitate staffing and bet- ones who benefit when we can try to ican consumers and safety first. It does ter protect legitimate trade and travel work and find common ground and so without raising taxes or adding fees and keep our economy running smooth- move legislation forward where we can to customers that feel like a tax. You ly and keep jobs being created. I hope find agreement, knowing that there are may call it a fee. But if it costs money, my colleagues will consider this many areas where we will never find it really doesn’t feel any different than amendment and vote to build on the agreement because of fundamental a tax. success of similar programs in the past, principle differences of opinion. But I would also like to point out the both in Texas and across the country. this is another example of an impor- benefits to States like mine, Texas. It I want to mention one last amend- tant piece of legislation that will ben- protects air traffic partnerships that ment, one introduced yesterday, as efit the entire country. It definitely supports dozens of Texas airports and well, that would target the world’s isn’t a partisan piece of legislation. So directly responds to requests that I foremost sponsor of terrorism. That is it is something I am glad we have been have gotten from Texas communities the country of Iran. Mahan Air is able to move forward on, and I look looking for new opportunities to im- Iran’s largest commercial airline, and forward to concluding this legislation prove regional air traffic management it has repeatedly played a role in ex- tomorrow. or expand service in order to meet de- porting Iran’s terrorism. It is time we upgrade our air trans- mand—all crucial measures that help We all know Iran as being the No. 1 portation system for the entire coun- Texas communities move people and state sponsor of international ter- try, and it is time to put the safety of goods safely through airports. rorism, and Mahan Air is one of the airline customers first. This bill does I have introduced an amendment to ways they export that terrorism. We that. this legislation with the two Arizona might call Mahan Air ‘‘Terrorist Air- I yield the floor. Senators and the junior Senator from ways.’’ That would perhaps be more The PRESIDING OFFICER. The Sen- Nevada, Mr. HELLER, that would do precise. It not only supports the efforts ator from Wyoming. even more to help our ports of entry by of the Quds Force, a special unit of AMERICA’S COAL INDUSTRY strengthening public-private partner- Iran’s Islamic Revolutionary Guard, Mr. ENZI. Mr. President, I rise today ships at air, land, and sea ports. The but of another Iranian-backed terrorist to talk about something very dear to fact of the matter is that financial re- group, Hezbollah. me and to so many of my fellow Wyo- sources—money—is always in short To put it simply, Mahan Air enables mingites, particularly those in Gil- supply, and rather than always coming the reach of Iranian personnel and lette, WY, where I used to be the back to the taxpayer and saying you weapons throughout the Middle East, mayor. It is the third largest town in

VerDate Sep 11 2014 01:55 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.027 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2002 CONGRESSIONAL RECORD — SENATE April 13, 2016 Wyoming. It has 30,000 people. That when they were talking about some about her house and just wants a job so would be a very small town to the rest similar things. It is still pertinent, but she can keep her house and retire with of the Nation, but here is an effect it is we have to change the tattoo on the a little money in her pocket. having. This administration has made arm to say administration, and the To understand the impact these poli- no secret about its continuous efforts dates need to be changed to 2012, when cies have on not just energy workers to whittle away at America’s coal in- the Environmental Protection Agency but the communities in which they dustry. Well, very sadly, 2 weeks ago issued its final Mercury Air Toxics live, the administration needs to hear those efforts resulted in unprecedented Standard rule. This needs to be about Sarah from Newcastle, which is layoffs, as two of Wyoming’s biggest changed to 2015, when the Department about 70 miles from Gillette and about coal mines let go of 15 percent of their of Interior piled on with its proposed 50 miles from any coal mines. Sarah workforce. My wife and I were heart- stream protection rule and the EPA and her husband started a carpet and broken to see these 456 miners sud- leased its final Clean Power Plan. We flooring store and had been success- denly out of work. need to change this to 2016, when Inte- fully managing it for over three dec- Besides the mines, there are railroad rior froze the Federal Coal Leasing ades. She is sad to see so many in her layoffs because that is how Wyoming Program. If we imagine those changes, community out of work and fearful coal is delivered to the other 40 States this cartoon can explain how we got that the economic downturn will mean in the Nation. Outside of Gillette, where we are today. We are killing the the end of a business she has devoted there are 130 coal engines parked, not golden goose, the producer of low-cost her life to creating. to mention trains. That means 1,200 energy for the United States. The administration needs to hear railroad workers are out of jobs. Let me expand on those issues a bit from Robert, again from Gillette, his Today, Peabody coal announced that further. It is a little hard to under- and my hometown. He recently lost his they are filing chapter 11 bankruptcy. stand with only the titles. In 2012 the job at a smaller coal mine and had to We will see more of that. EPA finalized a standard that required uproot his family to move to another I know the suffering of the 456 people a strict reduction in air emissions from State in order to find work. He knows and the 1,200 railroad people suddenly electric-generating units. It was known that out West the media markets are out of work may not sound so bad in as the Mercury Air Toxics Standards— small and the national news will never places such as California or New York, or MATS—rule, and like many of the cover the heartbreaking stories of his but in Wyoming, whole communities rules from the EPA, the cost of this colleagues and neighbors in this coal feel that kind of impact. Folks I talked regulation was immense and the bene- market. Robert needs to know that to in Wyoming are depressed and fits were limited, even if the benefits maybe the media won’t cover his fam- angry, and it is because the energy in- are calculated over a much longer pe- ily’s story, but I won’t forget about dustries they support and rely upon riod of time than the costs. The EPA him, and I won’t stop fighting the bad have for too long been the target of bad estimated that the rule would create policies this administration has cre- Federal policies. $500,000 to $6 million in benefits related ated. People have been mining coal in Wy- to this mercury reduction. It would America has the resources, America oming since the mid-1800s, but it cost—remember that this is $500,000 to has the manpower, and America has wasn’t until the 1970s that the industry $6 million in benefits—nearly $10 bil- the reserves to provide the energy we really took off. The Clean Air Act of lion annually to implement the rule. need for a strong economy and a 1970 implemented the original restric- Luckily the Supreme Court rejected healthy environment. Nobody knows tions on sulfur dioxide emissions, and, the MATS rule last year, stating that that better than the folks in Wyoming, suddenly, the low sulfur content, the the EPA should have considered costs where people for generations have clean coal from Wyoming’s Powder before setting out to regulate mercury made a good living extracting energy River Basin was in high demand. Wyo- from fossil-fuel fired power plants. But from the same lands on which they ming went from producing just under 2 the administration wasn’t deterred. love to hunt, fish, hike, and camp. Peo- percent of our Nation’s coal in the late Last year Congress disapproved of both ple are dedicated stewards of the land 1960s to producing 9 percent by the end the Stream Protection Rule and the and want their children and grand- of the 1970s. That number rose to 31 Clean Power Plan—disastrous rules children to enjoy it in the same way. percent by the end of the 1990s. aimed at eliminating the extraction That is why Wyoming coal mines are By the end of 2014, 39 percent of the and use of low-cost energy—by using recognized year after year for their Nation’s electricity was generated by the Congressional Review Act. We did outstanding reclamation efforts. You coal, according to the Energy Informa- so with bipartisan support. Yet the can see that in this photo of the beau- tion Administration, and 40 percent of President did not listen and instead tiful land in Wyoming where a short that coal was generated in Wyoming. chose to veto those bills. time before a coal mine existed. That year, Wyoming’s 20 mines di- I believe U.S. Presidents should first On occasion, I take people out to rectly employed over 6,500 workers who and foremost seek to help the citizens view the coal mines, and usually, as we earn an average salary of nearly of the United States, and that means get close to the coal mine, they say: $84,000—almost twice the statewide av- the President must have a deep under- Oh, don’t let them tear up that land erage. The industry indirectly employs standing of the people and the chal- over there. It is beautiful. tens of thousands more contractors in lenges they face. President Obama and We have to explain to them: That is jobs that support the coal industry. others in his administration—and some where the mine used to be; this is The coal industry paid over $1.14 bil- seeking to replace him—have dem- where it is headed. lion to Wyoming in taxes, royalties, onstrated how woefully little they un- They say: Oh. If you can change that and other revenue in 2014. That is derstand about coal, the jobs that are into this, do it. money that was used for schools, roads, related to coal, the people who produce There are some difficulties with re- and community colleges across the it, and even the people who use it. placing it like this. This hill had to be State. Those are all in jeopardy. Many folks in Wyoming who produce exactly the same as it was before the With all of this affordable energy, and use coal have reached out to me, coal was removed. If there are stones in with all of these well-paying jobs, how and I want this administration to hear there, they have to be put back where did Wyoming find itself losing jobs last from them. The administration needs they were before. week? How did Wyoming wind up with to hear from people like Nancy from The ranchers who border on these the fastest growing unemployment rate my hometown in Gillette. She wrote coal mines think, why would anybody in the Nation? Well, I recently ran last week to tell me about losing her move that much dirt and put it back across this 2011 editorial cartoon that I job at a mine where she worked for 9 the way it was? think helps explain how this adminis- years. She is 64 years old, single, and Well, it is the law, and they have tration is bringing down the coal in- takes care of her elderly father. She been following the law and getting phe- dustry. has a house payment—a house she nomenal results. This cartoon was drawn and dedi- worked very hard to keep after going What Wyoming and other States that cated to the Wyoming Legislature through a divorce. Now she is worried produce and rely on fossil fuels need is

VerDate Sep 11 2014 01:55 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.028 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2003 innovative policies that will encourage out of every 5 homes or businesses in the crafted a city expansion plan aimed at new ways to continue to develop and United States. changing the public perception about Gil- use America’s huge reserves of coal, ‘‘It does permeate the whole lifestyle lette. A major component included investing here,’’ she said, from inside Alla Lala Cup- oil, and gas. We are the Saudi Arabia of in infrastructure to support the growing pop- cakes and Sweet Things, Gillette’s first and ulation. coal, and that can displace some of only cupcake shop, which Chapman opened Built on a 19-mile grid, present-day Gil- what Saudi Arabia has been thrusting in the town’s downtown district in 2013. lette is an amalgamation of strip malls on us for decades. One of those options On its face, a specialty store like Chap- newly filled with chain stores like Petco and is carbon sequestration, which Sen- man’s might seem out of place in a town Buffalo Wild Wings. Rows of hotels and mo- ators from both sides of the aisle in that since its founding has been strongly tels advertise weekly rates, and newly con- rooted in producing coal, oil, natural gas and this Chamber have historically sup- structed subdivisions rise out of the hilly methane. landscape. Shiny trucks, boats and campers ported. Using that technology, carbon Located in the heart of the Powder River dioxide emitted from combusting fossil litter driveways. There are two frozen yogurt Basin, Gillette is surrounded by 12 coal shops and two golf courses. fuels can be captured and routed to se- mines, some of the largest in the country, Recent growth has been steady since the cure geological storage, preventing it employing some 5,600 people, according to mid-2000s, which Chapman said has led to from being released into the atmos- 2014 data. In a county just shy of 50,000, the more boutique shops like hers opening down- phere, although plants need that. The mines provide jobs for 1 out of every 10 resi- town. dents. About a decade ago, the city and county carbon dioxide can also be used for en- On a recent March morning, charter buses, began investing a sizable portion of revenues hanced recovery of oil and natural gas similar to the ones that ferry tech workers from the energy sector back into services for to help ensure that America efficiently to the Google and Facebook campuses, head the community. For $53 a month, residents out of Gillette. Yet these buses aren’t filled utilizes these resources. can use the state-of-the-art recreation center When a well is drilled and pumped, with coders and app designers, but with min- ers. Pickup trucks sporting long poles topped featuring a six-lane indoor track and a 42- you get about 25 percent of the oil out foot climbing wall designed to resemble as- of the ground. There is some enhanced with bright orange flags follow suit. The flags are to make sure those operating the pects of the nearby Devils Tower National recovery that has been invented and living room-sized coal trucks don’t acciden- Monument. The Gillette that Chapman grew up in since that time, and they can get about tally engage in an unintentional monster hardly resembles the one that exists today, another 20 percent out of the ground. truck brawl. That means that 55 percent of our On the south side of town at mining parts she said. value is still underground. People are supplier L&H Industrial, a 13,000-square-foot ‘‘Hell, when Applebee’s opened 10 years mural is devoted largely to an image of inky ago, it was like the town wanted to throw a working to invent ways to take care of party, because before then, the only chains that and take care of the energy we are black coal being scooped into a coal truck, a train filled with coal passing by. we had were fast-food restaurants,’’ she said, going to need to be energy inde- Since 1990, the town’s population has dou- laughing. ‘‘And I know that sounds weird, pendent. bled to a little more than 30,000, a respect- but that’s an exciting thing to realize, ‘Hey, Even the White House supports in- able size in a state where pronghorn ante- we’ve gotten to this point they’re going to vestment in research and development lopes outnumber people. But the promise of build an Applebee’s.’ ’’ projects to make carbon capture more plentiful, good-paying jobs has not only REIMAGINING A CITY WITH FEWER PEOPLE accessible, deployable, and affordable. brought people to the self-styled, ‘‘Energy But as the coal industry feels the pinch, I hope my colleagues from any State Capital of the Nation,’’ but also brought tax the city’s investments are being tested. Gil- that uses or produces fossil fuels will revenues and prosperity. lette is losing people as mines make layoffs, join me in supporting policies to en- Wyoming produces 39 percent of the na- supporting service companies shutter their tion’s coal, or about 382 million tons in 2014, doors, and oil and gas production falls, said courage carbon sequestration and the according to the Bureau of Land Manage- use of carbon. There are a number of Wyoming state Sen. Michael Von Flatern ment. Because Gillette is so interconnected (R). About 1,500 people have packed up and uses, and one of those is to get that en- with coal and other fossil energy resources, left in the last year, and he expects another hanced oil recovery. it faces a barrage of assaults, both economic couple of thousand to move on before the Last week was a tough one for Wyo- and regulatory. Production of Wyoming coal summer is out. ming, but I am proud to be from a has declined 14 percent since 2011. Late last ‘‘I expect we’ll lose 10 percent of our popu- State that has always found a way to month, mass layoffs were announced. lation over the next year,’’ he said. Charlene bounce back from any bust. Actually, At the largest mine in the region, Peabody Murdock, executive director of the Campbell Energy Corp.’s North Antelope Rochelle County Chamber of Commerce, embodies the what we have is a leveling out, but it is mine, 235 workers were told not to come to a difficult leveling out because for the interconnectedness of the energy industry work. Arch Coal Inc. cut 230 jobs. The reduc- and business community in Gillette. She first time coal prices, oil prices, and tions represent about 15 percent of each com- spent nearly eight years with the chamber in natural gas prices are all down at the pany’s workforce in the state. the 1990s and then did communications work A boomtown since its founding, Gillette is same time. When you have an economy for energy companies, most recently working acutely aware of the central role that nat- that is building for growth and it levels for four years with Peabody Energy. ural resources, especially coal, have played out, it seems like a dramatic bust. She is generous with her laughter but also in its existence. And yet Gillette seems de- gives off a no-nonsense vibe, and she is quick This is not the end of coal’s chapter termined to survive in a world that is push- to shoot down the word ‘‘bust’’ as a in Wyoming history. I will keep work- ing coal out. It has invested in itself and descriptor for the current situation in Gil- ing to make sure of that. planned for a future where coal is not king. lette, preferring to call it a ‘‘softer economic Mr. President, I ask unanimous con- The question now facing Gillette is wheth- period.’’ sent that an article that just came out er it has done enough: Can this boomtown ‘‘Bust, to me, says something like ‘We weather this bust? today entitled ‘‘The Powder River have no jobs, we have no people, we have no Basin: Creating a new future in Wyo- Shedding a boomtown stigma. Founded in 1892, the city was named after income,’ ’’ Murdock said, noting that Gil- ming’s biggest coal town,’’ which talks railroad surveyor Edward Gillette. Today, lette’s latest ‘‘boom’’ was more like steady about some of the innovative things between 80 and 100 trains speed out of the re- growth for the last 12 years. people are doing and how it will help gion daily, carrying Wyoming coal to more Murdock sees this period as one of ‘‘lev- Gillette, be printed in the RECORD. than 30 states. eling off’’ in Gillette, even a chance for the There being no objection, the mate- In the 1960s, oil development about doubled community to catch its breath. rial was ordered to be printed in the the city’s population from about 3,500 to At the height of the energy boom in the 2007–08, unemployment was less than 2 per- RECORD, as follows: more than 7,000. The rapid population growth spurred violence and crime, so much that cent. Houses were on the market mere hours POWDER RIVER BASIN: CREATING A NEW psychologist Eldean Kohrs in 1974 coined the before being snapped up. FUTURE IN WYOMING’S BIGGEST COAL TOWN term ‘‘Gillette Syndrome’’ to describe the And yes, she said, this downturn might (By E&E reporter, Brittany Patterson, April social problems that accompany a boom- mean the end of some businesses and serv- 13, 2016) town. ices. For example, Gillette might lose one of GILLETTE, WY.—Laura Chapman’s best- With the passage of the Clean Air Act in its frozen yogurt shops. Perhaps, this year, selling cupcake is the ‘‘Coal Seam Over- 1963 and subsequent amendments in the housing development will not occur, she al- load,’’ a decadent chocolate cake topped years after, power plants began turning to lowed. But whether it’s growth or decline, with rich chocolate frosting and dark choco- Powder River Basin coal. Gillette officially she said, those who have made roots in Gil- late toppings. became a coal town. lette are aware that energy commodities It’s a tribute to her home state’s top ex- It wasn’t until the mid-1970s that then- drive the economy and uncertainty isn’t port, a product that eventually is used by 1 mayor and now U.S. Sen. Mike Enzi (R) new.

VerDate Sep 11 2014 04:01 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.029 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2004 CONGRESSIONAL RECORD — SENATE April 13, 2016 ‘‘I really don’t see us not having an energy cut and what programs we may need to cur- is not dependent upon coal and oil and meth- industry in two years’ time,’’ Murdock said. tail until we can feel comfortable that rev- ane,’’ said Chapman, back at the cupcake ‘‘While I think certainly people are appre- enue is back to at least an understandable shop. ‘‘I just feel like there’s a way to do it hensive about what the future looks like, I level,’’ he said. right, a way that lessens the impact on the think they also are resilient, and we’ll see But if it doesn’t come back, there might be people who live and work here and a way that resiliency really pay off for us.’’ a plan B. that lessens the impact on our future.’’ Not everyone is convinced. MEET THE MAN TRYING TO DIVERSIFY GILLETTE For now, Chapman said business is good Greg Cottrell, owner of the Big O Tires in Soft-spoken, with wire-rimmed glasses, and she is content to continue whipping up Gillette, falls into the worried camp. He Phil Christopherson’s current job is engi- cupcakes and baking birthday cakes. Her worked for 14 years in the Cordero Rojo mine neering, but of a different kind than the husband is in the process of opening a whis- when it was owned by Kennecott Energy, and former Boeing employee was trained to do. key barber shop across the street. he said this downturn feels different. As CEO of Energy Capital Economic Devel- ‘‘Of course I’m optimistic,’’ she said laugh- ‘‘We’ve never had a war on coal before opment, his job is to help diversify the city’s ing. ‘‘I opened a cupcake shop, didn’t I?’’ coming from the administration,’’ he said. energy-intensive economy. The two-person Mr. ENZI. If we eliminate coal, it ’We’ve had coal companies since the ’70s. So entity is both publicly and privately funded will force people across the Nation to for 40 years, they’ve been a very big part of and tasked with promoting, retaining and pay more for their energy. this community and the growth and the rea- expanding business in Gillette. Coal has a good base load. It runs all son we have very good schools and hospitals The state-of-the-art sports complex, events the time. It is not like wind. If the and recreation centers for kids.’’ center and other niceties in Gillette were wind doesn’t blow, you don’t have it. It LOOKING FOR A PLAN B part of that calculation, the idea being that they would foster community and help pro- is not like solar. If the sun doesn’t That phrase ‘‘the war on coal’’ isn’t un- shine, you don’t have it. Coal can work common in Wyoming. vide reasons to stay even when times get Many in Gillette feel President Obama’s tough. 24 hours a day, and it is low cost. There environmental policies targeting carbon Expanding the community college is an- has also been more done to clean up emissions have doomed the industry. other form of economic diversification, one coal-burning power plants than any- Concerns abound about a decision earlier that required the city, the county and pri- where else. this year by the Department of the Interior vate industry to step up financially. Inside We invite people to come to Gillette, to pause federal coal leasing for three years the Technical Education Center, part of Gil- WY, and look at the power plants and lette College, students can earn associate’s while the agency conducts a review of the clean air that we have. The only time program. All of the mines near here are part degrees in welding, industrial electricity, mining machine tools and diesel technology. we get regional haze is when the for- of the federal coal program. ests burn in Oregon or Washington and Another fear is U.S. EPA’s Clean Power There’s a popular nursing program, as well. Plan, which which is expected to reduce car- Inside the Peabody Energy Hall, students re- blow into Wyoming and make our bon dioxide emissions from power plants 32 hearse for an upcoming musical perform- mountains disappear. You won’t find percent below 2005 levels by 2030 nationwide. ance. The college is expanding and adding an coal dust around there, either, because Gillette is surrounded by, and in some arena, and more dorms are under construc- people don’t let anything blow away cases part owner of, three coal-fired power tion. that they can sell. plants. Some could be on the chopping block In 2010, the group partnered with the city We hope everyone will come and take to revitalize the downtown shopping district in order for the state to meet its emissions a look at the environment and the cuts under the rule. now home to the cupcake shop, a brewery, boutique clothing stores and a meadery, power plants so you, too, can say: You Some of the worry is tied to Gillette’s deep know, coal is not bad, and America financial dependence on coal. Revenues from among others. Public art adorns the corners the resource are the second-largest cash of South Gillette Avenue. Art is also sprin- needs it. stream for state and local governments in kled throughout town—a lustrous palm tree, I yield the floor. Wyoming. In 2014, the total amounted to a polar bear sculpture and a larger-than-life I suggest the absence of a quorum. $1.14 billion. spider. The PRESIDING OFFICER (Mr. In addition, since 1992, Wyoming has re- ‘‘There’s never not something to do,’’ TOOMEY). The clerk will call the roll. ceived more than $2 billion in coal bonus added Mary Melaragno, director of business The senior assistant legislative clerk bids, which are paid to BLM and the state retention and expansion with Energy Capital proceeded to call the roll. over a five-year period once a lease is issued. Economic Development. The group’s newest endeavor, with help Mr. COATS. Mr. President, I ask The money has been used to fund schools, from a grant from the Wyoming Business unanimous consent that the order for highways and community colleges across the Council, is to purchase office space it could the quorum call be rescinded. state. then rent to new businesses looking to relo- The PRESIDING OFFICER. Without Right now, Cottrell said, companies that cate, like an incubator. objection, it is so ordered. supported the energy industry, especially the In the wake of the historic layoffs, WASTEFUL SPENDING oil industry, have closed shop or aren’t Christopherson sees the role of diversifying spending money, at least not on new tires. Mr. COATS. Mr. President, this is Gillette as even more important. now my 39th edition of ‘‘Waste of the He concedes that the city is different, big- ‘‘It’s interesting,’’ he said. ‘‘You have some ger. people that are quite worried and quite fear- Week.’’ For 39 weeks I have been back ‘‘We don’t have so much of an up-and-down ful, but there’s a segment of the population on the floor when the Senate has been economy now because Gillette is a little that has stepped up.’’ in session to talk about unnecessary, more diversified,’’ he said, but added, ‘‘I Some residents have even started a ‘‘Stay fraudulent, wasted, abusive spending of wouldn’t call it self-sustaining yet, though.’’ Strong Gillette’’ movement, he said. taxpayer dollars. Last month, the Wyoming Department of And why not Gillette, supporters say. The We have run up quite a toll—more Workforce Services reported that Campbell city has the rail and road infrastructure, ac- County had experienced one of the largest than I thought we would—but the more cess to cheap and plentiful electricity and a I dig into this and the more informa- jumps in unemployment across the state. workforce that is used to working hard. From January 2015 to January 2016, unem- Already, one company, Atlas Carbon LLC, tion we get from the agencies that are ployment rose from 3.6 percent to 6 percent. has moved to town with a business plan that looking at how we spend taxpayers’ That was before the huge mine layoffs were includes using coal—in this case manufac- dollars, the more alarmed I have been announced. turing activated carbon (the stuff found in and the public should be and our col- A population exodus means a loss of sales water filters)—but not burning it for energy. leagues should be over how these hard- tax revenue for the city, but a downturn in Christopherson said he hopes it’s enough. the energy sector also affects the tax base earned tax dollars are spent in a wast- He concedes that if the community had ed and abusive way or a fraudulent significantly. Each living room-sized coal prioritized this effort five or 10 years ago, truck, road grader or shovel is purchased by ‘‘we could have helped insulate against some way. So I am going to keep doing this the mines from businesses on the south side of this.’’ to alert my colleagues and alert the of town. Still, he doesn’t see Gillette existing with- American people—in particular, people The city, for its part, has recently re-eval- out coal mining. in my State—that there are ways we uated how it will invest in major capital And he’s not alone. Most people in Gillette can better and more efficiently use projects over the next five years, according don’t believe coal will disappear from their their tax dollars or not require them in to Gillette City Administrator Carter Na- lives anytime soon, if ever. Instead, the con- the first place. pier, but with no way to know if revenues sensus seems to be that the peak of coal pro- from the energy sector might rebound, the duction in Campbell County has come and This week I am focusing on docu- city is facing tough decisions. gone. mented abuse of the Department of Ag- ‘‘The further questions we need to have are ‘‘There is a way to continue Gillette’s eco- riculture’s Supplemental Nutrition As- with regard to what services we may need to nomic success and move us into a future that sistance Program. Most Hoosiers and

VerDate Sep 11 2014 01:55 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.006 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2005 other Americans know this as the Food So they set up a trial program. They Somebody has to accumulate a lot of Stamp Program. The Food Stamp Pro- looked at three States—Massachusetts, these cards to come up with a payment gram has had some ups and downs in Michigan, and Nebraska—and found for two tickets to a Beyonce concert. terms of our support, and there has that more than 7,500 households receiv- Another post on Craig’s List reads: ‘‘I been a lot of bad publicity about the ing these SNAP benefits had suspicious have around $1,300 in food stamps and abuse of this program. I get many let- transactions and were using four or have no need for it at all.’’ I will sell ters and contacts in my office describ- more EBT cards in a year during key this card with $1,300 in credits if you ing standing in the grocery line and times, such as when cards were cred- will send me $300. I guess that raises seeing someone use food stamps not for ited with benefits, and all of a sudden questions about how these cards are milk for their children or cereal or nu- the request came in, saying: I lost my being used, and these are just a few ex- tritious food but for junk food or to- card—and by the way this is the fifth amples. bacco or alcohol. The program is not time or sixth time or whatever. This kind of fraud obviously needs to supposed to be used for that kind of In totaling all of this, the General be addressed. As all of the other 38 thing, but somehow we keep reading Accountability Office said this ac- weeks of ‘‘Waste of the Week’’ I have about potential misuse of what this counted for more than $26 million of put up here continues to accumulate, program is intended to do. suspicious transactions. Now, that was these cards obviously are not being Now, the SNAP program, as it is now just from the three States. These are used—all of them—for those who need called—Supplemental Nutrition Assist- sizable States—Massachusetts, Michi- it and for its intended purpose. It is ance Program, S-N-A-P, the SNAP pro- gan, and Nebraska—but they pale in clear that we ought to be adopting gram—exists to provide low-income in- comparison to say Florida, Texas, Cali- GAO’s methodology of tracking both dividuals with their nutrition needs fornia, and New York. So if it was $26 the number of recipients that receive and food items. It is funded by the Fed- million of suspicious transactions for more and more EBT cards at specific eral Government, and it is adminis- just these three States that were times of the year and those with sus- tered by the States. looked into, imagine what it would be picious transactions, and I think a lot Let me begin by saying I am not here if they checked all 50 States. of this abuse could be eliminated. to do a critique of the program. That is So we did some calculations using So what we are doing today is we are a topic for a different discussion. I am the same proportion of SNAP house- adding another $3.2 billion of waste, here to talk about whether this pro- holds as those identified by GAO as af- and we continue to raise the amounts. gram is being effectively run by the fecting the whole country, and we It is now $162 billion of waste, fraud, States and effectively funded by the came up with roughly $3.2 billion of and abuse. This is going to continue as Federal Government. What we have waste over a 10-year period of time. we alert the American people, inform learned is that—no surprise—as with so That is not small change. A lot of peo- my colleagues in the Senate and the many other Federal programs, there ple work awfully hard to accumulate Congress, and inform the administra- has been gaming and fraudulent use of the kind of money needed to total $3.2 tion that there are ways to better use, the program. There clearly are people billion and then only to see it wasted. and hopefully not even have to request who don’t qualify and are not eligible People said: Maybe these suspicious in the first place, the kind of tax dol- for receiving these food stamp vouchers transactions were legitimate. So we did lars we are paying for a clearly dys- but are nevertheless receiving them a quick search on Craig’s List. Craig’s functional Federal Government pro- through this program. List is this list you go into—I know all gram. The government has become modern of the young pages understand this. We Mr. President, I yield the floor. with the digital age, and instead of old people aren’t necessarily up to I suggest the absence of a quorum. The PRESIDING OFFICER. The food stamps they issue an electronic speed on all of these new electronic clerk will call the roll. benefits transfer card. It is like a debit transactions and processes and so The legislative clerk proceeded to card that people carry in their wallet. forth. I got into it with the help of my call the roll. Money is added to that card electroni- young staff. We got into Craig’s List Mr. HATCH. Mr. President, I ask cally and it can be used at grocery and we found that what was being ad- unanimous consent that the order for stores. People swipe it. Hopefully, it vertised—see, on Craig’s List you put the quorum call be rescinded. works better than Secretary Clinton’s up something that others will want to The PRESIDING OFFICER. Without card worked at the subways of New buy, and it can be anything from a objection, it is so ordered. York. Anyway, you can swipe this card, washing machine to a lawn mower, to a Mr. HATCH. Mr. President, I rise and it will deduct the amount you picture frame or whatever. We found today in support of the FAA reauthor- have, in terms of the cost of the food some people advertising these SNAP ization legislation before us, as well as provided, and it is refreshed on a cards, these EBT cards. For instance, a the managers’ amendment filed yester- monthly basis. mechanic named Marco could—this was day on this key piece of legislation. In looking at the program, the Gen- not MARCO RUBIO, by the way—a me- This is an important bill that will en- eral Accountability Office got some chanic named Marco will accept EBT sure the airport and airway trust fund tips about the fact that a lot of re- cards as payment for auto care, he will remain solvent and that our Na- placement cards were being sent out. said. In other words, if you have a tion’s airway system—and the count- We all leave our license on the counter problem with your car, come over to less jobs that are impacted by the sys- in the kitchen or our credit card and my shop. I will fix it for you, and in- tem—do not have to deal with a fund- we wonder, ‘‘Where is that credit stead of cash, you can give me EBT ing shortfall or a lapse in authoriza- card,’’ and then we need a replacement. cards. So probably that is pretty tion. This happens. We understand that. So tempting. How much to fix my auto- The airport and airway trust fund fi- there is a replacement card program mobile? Thirty-five bucks. I have an nances many of our national aviation available through SNAP. You say you EBT card. It has $33.47 left on it. How programs. Currently, expenditures lost your card and they send you a new about I pay you with that? He says: from the trust fund are authorized one. The problem is that GAO—the OK. I can take that in payment. Then through July 15 of this year. The provi- Government Accountability Office— they apply for a replacement card. sions that ensure adequate funding for learned from the program that a tre- That is probably one of the ways it the trust fund expire at the same time. mendous amount of replacement cards adds up. That means that, absent congressional were going out to people—sometimes Another person advertised two action, national airway programs and over four. Then, they say: Wait a Beyonce tickets. I haven’t been to a projects will come to a screeching halt minute. Maybe we ought to look at Beyonce concert, but I actually know about 3 months from now. this because this person has been ask- who she is. I actually realize, even at Make no mistake, this bill is about ing for replacement cards on a regular my age, that she is a star and every- protecting jobs and consumer interests basis. Are they really losing those body wants these tickets. So they ad- across the country. No one would ben- cards or are they using them for other vertised two tickets for $1,200 and said: efit from a lapse in funding or author- purposes? We can accept EBT cards for payment. ization as either one would threaten

VerDate Sep 11 2014 01:55 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.031 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2006 CONGRESSIONAL RECORD — SENATE April 13, 2016 the livelihoods of people throughout town were waiting with baited breath stitutes section 5028 of the FAA bill. the country. While from time to time to see what was in the tax title. This legislation will help a number of the passage of what should be consid- Don’t get me wrong. I am not a pur- smaller rural airports, such as some of ered routine legislation can get ist or foolhardy idealist. While I have those in Utah, to bring back TSA staff weighed down by unrelated issues, no made it clear that I would prefer that and security screening equipment if one seriously disputes the need to get the Senate pass a clean FAA bill, I certain conditions are met. the bill over the finish line. know that none of us can reasonably Under subtitle F of the bill, we have As the Presiding Officer knows, the expect to get everything we want out language taken from Pilot’s Bill of Senate Finance Committee, which I of every piece of legislation, particu- Rights 2, a bill that the Senate passed chair, is responsible for the tax title of larly when the goal is bipartisan com- with unanimous consent last year but the FAA bill. The trust fund is paid for promise. I am very much in favor of was not yet passed in the House. The through a number of tax provisions practicing the art of the doable, which general aviation community in Utah that are set to expire in July along sometimes means accepting things I will benefit tremendously from these with the authorization of expenditures don’t want to see happen. I have been provisions, which could potentially from the trust fund. These provisions willing to work with my colleagues to help thousands of general aviation pi- include longstanding taxes on domestic include other provisions in the tax title lots in Utah, saving them time and and international airfares, taxes on jet in order to get a deal on the overall money in managing their health and fuel, and others. FAA bill. fitness to fly. There are other provi- In years past, the Finance Com- I will leave it to others to charac- sions in the bill that will benefit Utah mittee has introduced and debated leg- terize what happened in those negotia- and most States throughout the coun- islation to renew and, if necessary, up- tions, as none of the items under dis- try. date those provisions. We typically cussion were high priorities for me. I In short, this is a good bill. From the have a markup and report the legisla- will just note that after weeks of dis- FAA reauthorization provisions to the tion out of committee. I had intended cussion, finger-pointing, and a little bit tax and funding title, it is the right ap- to follow a similar course with this of grandstanding, the decision was proach to addressing these particular year’s FAA bill. Unfortunately, that made to move forward on a clean 18- needs, and we need to get it done. isn’t how things worked out. month extension of the FAA funding Therefore, I urge my colleagues to sup- As we were working through the provisions, which once again, was my port Senator THUNE’s managers’ process in committee to set up an FAA preference from the outset. amendment as well as the overall FAA markup, it became clear that my Needless to say, I am pleased with bill. friends on the other side of this aisle the outcome. I wish we could have ENSURING PATIENT ACCESS AND EFFECTIVE saw the bill as an opportunity to add a taken a less contentious path to arrive DRUG ENFORCEMENT ACT number of extraneous items—provi- at this conclusion. Mr. President, I would like to talk sions that had nothing whatsoever to Still, this is a good outcome for the for a few minutes on S. 483, the Ensur- do with the FAA—to the bill and set American people and for all the indus- ing Patient Access and Effective Drug the stage for a politically charged de- tries that rely on a fully functional air- Enforcement Act. The Senate unani- bate in the Finance Committee. way system. The legislation before us mously passed this crucial legislation Now, I am not one to shy away from will extend the programs for a year and last month, and just yesterday the controversy, but with an item of this a half and provide greater certainty for House passed the bill as well. The bill importance—one that is a priority for people and businesses around the coun- now goes to President Obama for signa- Members on both sides—I didn’t see the try. On top of that, it will improve se- ture. benefit for either side in turning the curity on planes and in our Nation’s I would like to begin by thanking FAA tax title into another wide-rang- airports while also providing much Senator WHITEHOUSE for his important ing tax extenders bill and reducing the needed improvements to help con- work on this legislation. He and his robust debate process in the Finance sumers and airline passengers. staff have been crucial partners in Committee to a series of controversial I know that the people of Utah in my helping to move it forward. I am also votes. Moreover, given the small lead home State are particularly interested grateful for the support of our other time before the authorizing bill was to in seeing Congress finish its work on cosponsors—Senators RUBIO, VITTER, be up for floor debate, a markup that the FAA reauthorization. Over the last and CASSIDY. addressed anything more than the Fi- few months, I have heard from many S. 483 is not a long bill, but it is an nance Committee’s basic responsibility groups and businesses from Utah and important one. It clarifies several key to fund the FAA would have prejudiced elsewhere on a number of issues ad- provisions of the Controlled Substances Members on both sides in terms of dressed by this bill, including airport Act in ways that will strengthen ef- preparation. For all of these reasons, funding, drone safety, rural airport forts to fight prescription drug abuse we decided not to mark up the bill in needs, and general aviation. while ensuring patients retain access committee, and, instead, to resolve the Many people, when they think about to needed medications. matter here on the floor. Utah’s airways, probably think that we As we all know, prescription drugs It appears that it has been resolved. just have the one airport in Salt Lake play a crucial role in treating and cur- There will be voting before the end of City. Make no mistake, that is an im- ing illness, alleviating pain and im- the week on a simple extension of the portant airport, not only to Utah but proving quality of life for millions of taxes dedicated to the airport and air- to air travel and shipping all across the Americans. Unfortunately, these drugs way trust fund through the end of Fis- country and other parts of the world. can also be abused. A balance is nec- cal Year 2017. Ultimately, a clean ex- But my State’s interest in the FAA bill essary to ensure that individuals who tension of the FAA taxes like the one extends well beyond the Salt Lake City need prescription drugs for treatment before us is probably the best approach. International Airport. All told, we receive them but that such drugs are My main priority in developing this have 47 total airports in the State of not diverted for improper purposes. To legislation was to ensure adequate Utah, varying greatly in purpose, size, this end, S. 483 makes three important funding for the FAA and airway and overall capacity, all of which changes to the Controlled Substances projects and programs throughout the would benefit from this legislation. Act. country and to do so in a fiscally re- Many of these airports have new devel- First, it clarifies the factors that the sponsible manner. opment or expansion projects either Attorney General is required to con- Over the past few weeks, we heard a underway or in the planning stages. sider when deciding whether to register lot of talk about adding additional pro- The legislation before us will give as- an applicant to manufacture or dis- visions to the tax title and there were surances to these airports and allow tribute controlled substances. The cur- some efforts to once again stack this them to plan for future needs. rent text of the Controlled Substances legislation with extraneous items. In- The bill also includes important pro- Act instructs the Attorney General to deed, leading up to yesterday, lobbyists visions from the Treating Small Air- consider factors that ‘‘may be relevant and special interest groups all over ports with Fairness Act, which con- to and consistent with the public

VerDate Sep 11 2014 04:14 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.033 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2007 health and safety,’’ but it does not pro- lations and promote joint efforts be- In the ensuing landmark case, U.S. vide any guidance as to what those fac- tween government and private actors Term Limits, Inc. v. Thornton, the Su- tors might be. This vague language cre- to stem the tide of prescription drug preme Court held that States cannot ates uncertainty among advocates re- abuse. add additional qualifications to Fed- garding the standards they must meet S. 483 takes a balanced approach to eral offices, including a limitation on to obtain a registration. the problem of prescription drugs. It terms. Ray was the named defendant S. 483 reduces this uncertainty by clarifies and further defines the Attor- and believed in this constitutional tying those standards to Congress’s ney General’s enforcement powers principle. But shortly after the deci- findings in section 101 of the Controlled while seeking to avoid situations that sion, he announced his retirement from Substances Act regarding the benefits, may lead to an interruption in the sup- Congress, proving that the case was harms, and commercial impact of con- ply of medicine to suffering patients. It never really about him but rather his trolled substances. This change will reflects a measured, carefully nego- devotion to the Constitution. bring clarity to the registration proc- tiated compromise between stake- On a personal note, I got to know ess and provide better guidance to reg- holders and law enforcement that will Ray as he prepared to retire from Con- ulators as they consider applications to enable both to work together more ef- gress. Thanks to the recommendation manufacture or distribute controlled fectively. Most importantly, it will of a family friend who worked for Ray, substances. make a meaningful difference in our I interned at Ray’s Little Rock office The second change S. 483 makes is to homes and communities. for a few weeks in the summer of 1996. delineate the standards under which I want to thank my colleagues for Rather than the usual intern routine of the Attorney General may suspend a their support of this legislation, and I ‘‘clips’’—for you pages down front, that Controlled Substances Act registration urge the President to sign it into law. is when interns literally clip stories without a court proceeding. Under the With that, I yield the floor. out of the newspaper—I spent days and The PRESIDING OFFICER. The Sen- terms of the Controlled Substances days at a storage unit in southwest Pu- ator from Arkansas. Act, the Attorney General may sus- laski County, sorting through more pend a registration to manufacture or REMEMBERING RAY THORNTON than a quarter century of Ray’s public distribute controlled substances with- Mr. COTTON. Mr. President, Arkan- papers and preparing them for the ar- out court process if she determines sas lost a political legend today when chives under the supervision of his former Congressman Ray Thornton there is an imminent danger to the longtime, matchless advisor, Julie passed away at the age of 87. public health and safety. But the Act Baldridge. Ray Thornton grew up in Sheridan, does not define what constitutes an im- It was a fascinating history lesson in the child of two teachers. Ray’s intel- minent danger, leaving the Attorney Arkansas politics, and it highlighted a lect and quick wit was evident from an General’s authority under this provi- common theme of Ray’s career: his early age. He graduated from high sion essentially open-ended. This in commitment to do the right thing, as school at just 16 years old. He then turn leads companies to operate in the he saw the right, even when it was the headed off to the University of Arkan- shadow of uncertainty regarding when tough thing. Whether it was impeach- sas, eventually winning the Navy and whether a registration might be ment, that 1993 budget vote, or the Holloway Program scholarship to at- term limit case, Ray stood his ground. summarily suspended. tend Yale University. After college, S. 483 clarifies the Attorney Gen- Ray heeded what would be the first of But Ray did not leave public life after eral’s authority to immediately sus- several calls to serve his country and Congress, for he answered another call pend a registration by specifying that joined the U.S. Navy, where he served 3 to service, this time on the Arkansas such a suspension may be appropriate years with the Pacific Fleet during the Supreme Court, where he served until where there is a ‘‘substantial likeli- Korean war. 2005. hood of an immediate threat that After leaving the Navy, Ray returned Now Ray has gone home to his death, serious bodily harm, or abuse of home to Arkansas, earned a law degree Maker. While we join his family and a controlled substance will occur in the from the University of Arkansas, and friends in mourning the loss, we also absence of an immediate suspension of married Betty Jo, with whom he raised celebrate his long, well-lived life in the registration.’’ This will permit the three daughters. service to our country and Arkansas. Attorney General to issue immediate Ray began a successful legal career Rest in peace, Ray Thornton. suspension orders when necessary to before being elected attorney general I suggest the absence of a quorum. protect against an imminent threat of in 1970. After one term, Ray was elect- The PRESIDING OFFICER. The harm, while at the same time ensuring ed to the House of Representatives clerk will call the roll. The legislative clerk proceeded to that this power does not become a from Arkansas’s Fourth District. Ray sword constantly hanging over the call the roll. served with distinction, including on Mr. ROUNDS. Mr. President, I ask head of law-abiding companies. the Judiciary Committee, where he unanimous consent that the order for In addition to these important clari- helped draft the articles of impeach- fications, S. 483 will also facilitate the quorum call be rescinded. ment against President Nixon. The PRESIDING OFFICER (Mr. greater collaboration between distribu- In 1978, he narrowly lost an epic Sen- GARDNER). Without objection, it is so tors, manufacturers, and relevant Fed- ate primary fight, featuring him, fel- ordered. eral actors in combatting prescription low Congressman and later Governor drug abuse. In particular, the bill pro- The Senator from South Dakota. Jim Guy Tucker, and Governor, later (The remarks of Mr. ROUNDS per- vides a mechanism for companies that Senator, David Pryor. He then re- taining to the introduction of S. 2796 violate the Controlled Substances Act turned to the family business of edu- are printed in today’s RECORD under to correct their practices before the cation, becoming the only man to serve ‘‘Statements on Introduced Bills and Attorney General suspends or revokes as president of both Arkansas State Joint Resolutions.’’) their registration. Even inadvertent University and the University of Ar- Mr. ROUNDS. Mr. President, I yield violations may lead to suspension or kansas. the floor. revocation, disrupting the supply chain Ray returned to politics in 1990, win- I suggest the absence of a quorum. for the company’s prescription drugs. ning election to the House of Rep- The PRESIDING OFFICER. The This in turn can cause hardship for pa- resentatives again, this time from Ar- clerk will call the roll. tients who rely on the company’s drugs kansas’s Second District, serving an- The bill clerk proceeded to call the for treatment and cure. other three terms. Representing the roll. S. 483 alleviates this problem by al- Little Rock area, Ray was President Ms. MURKOWSKI. Mr. President, I lowing companies to submit a collec- Clinton’s Congressman, yet he voted ask unanimous consent that the order tive action plan to remediate the viola- against the President’s signature budg- for the quorum call be rescinded. tion before suspension or revocation, et in 1993. Also, around this time, Ar- The PRESIDING OFFICER. Without thus ensuring that supply chains re- kansans passed an amendment to our objection, it is so ordered. main intact. This provision will also State’s Constitution limiting the terms Ms. MURKOWSKI. Mr. President, as encourage greater self-reporting of vio- of Federal officeholders. we are trying to determine whether we

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.035 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2008 CONGRESSIONAL RECORD — SENATE April 13, 2016 have a path forward for an energy bill on the airplanes too. Make sure you Little Diomede. Little Diomede is we have been working on for months, have snow pants and boots on because about 16 miles off the coast of Alaska. as well as the FAA reauthorization, I sometimes these airplanes are cold, It is in the middle of the Bering Strait. thought I would take the time to come and unfortunately sometimes things You may have heard of Little Diomede to the floor to speak about the impor- happen. This is a fact of life, and I because it is 21⁄2 miles from Big tance of this much needed Federal think the Alaska delegation probably Diomede. Little Diomede is owned by Aviation Administration reauthoriza- logs as many miles as any Members out the United States. Big Diomede is tion, recognizing the importance of there—perhaps our friends from Hawaii owned by Russia. So when you hear what the FAA does. It is just a re- just a little bit more. It is a part of that statement about you can see Rus- minder to us that when we delay need- who we are. We have come to rely on sia from Alaska, when you are on Big ed reforms and those initiatives that that access with a pragmatism that Diomede, that is a true statement. provide some certainty of funding for perhaps some others don’t necessarily When you are sitting in this small is- airport improvements, it doesn’t help appreciate. land community of some 110 people, us out here, and that making sure we I can be at Reagan National, and if a your hub community for food, for are attending to these matters in a plane is canceled or there is a mechan- health care, for pretty much anything timely manner is important. ical problem, the tension is almost so is Nome, AK. That is where you go. I think it is fair to say that all of us thick you can cut it with a knife. Peo- During the summertime, during the in this body travel a fair bit. Most ev- ple are so frustrated. If your flight gets time when the ice is not frozen over in eryone, seemingly, will fly home to grounded in Alaska, it is like, well, the the Bering Strait, literally the only their respective States, visit with their weather has set in. My sister lived on way to get in and out is by helicopter constituents, and be with their families the Aleutian Islands for many years in because the island is so small and it is on weekends. Some of us who are from a community called Unalaska. When such a peaked island—basically a big farther away make efforts to be back she needed to take her family into An- rock coming out of the water—there is home as often as we can, but the dis- chorage some 800 miles or so away for no flat space for a runway. So you have tances might complicate it a little bit medical care or any other issues that a helicopter that provides for medical more. But I think it is fair to say that presented themselves that she would in and out and travel in and out. In the we see firsthand the inside of many of have to go to town, she basically winter, the residents will actually our Nation’s airports and see firsthand planned for 3 days on either end of her carve a runway into the ice so planes those areas where improvements can trip because weather shuts you in. can land on the ice to deliver essential certainly be made. I was in Fairbanks, AK, on a field products, whether it is food or medi- In my State of Alaska, for some of us hearing for the Energy and Natural Re- cine or the such. Sometimes you can’t the airport is almost as common and sources Committee 2 weeks ago, and it put the runway on the ice because the matter-of-fact as going to the grocery was a quick day trip up and back, but ice has been so compressed and jumbled store. It seems as though we are in and there was no plane that came my way. and you have ice ridges that don’t out of our small airports so much be- In fact, all the planes were grounded in allow for a place to land. Again, you cause it is how we get around. In a Fairbanks because a volcano blew are back to helicopter. State where 80 percent of our commu- about 800 miles to the south and the The good news for the residents of nities are not connected by a road, how winds were strong. It picked up the vol- Little Diomede—and this is thanks to do you get around? How do you get to canic ash and deposited it all the way the good work of my colleague Senator Dillingham? How do you get to Fort from Pavlof Volcano, down in the Aleu- SULLIVAN—Little Diomede will be join- Yukon? Well, you can take a boat. You tians, up to Barrow and down into the ing the other 43 communities in the could take a snow machine in the win- interior of Fairbanks. So what do we State that are part of the Essential Air ter. But the fact is, we fly. We are a do? We don’t panic. I was able to spend Service, and this will help provide flying State. And it is not a matter of the night with my sister, catch up on funding to keep the airport open so flying because it is a vacation or a family stuff, rent a car, and drove the people can continue to live in a place business trip. It is to go see the doctor. 7 hours to Anchorage the next day. It they have lived for generations. It is to go to high school. It is to go to messed up my schedule, but it is a mat- Nowhere in this country is Essential the grocery store—literally to the gro- ter-of-fact part of flying in Alaska. At Air Service so vital. The reason they cery store. So many of the people in the end of that week, I took a quick call it Essential Air Service is because the outlying rural parts of the State supposedly day trip to Kodiak to at- it is essential. In a place like Little will fly to Anchorage so they can shop tend our commercial fishing sympo- Diomede, it is essential. Forty-three at Costco, and instead of taking lug- sium. Halfway through the day, weath- communities in the State of Alaska, gage back home with them, they take er kicked up again. It wasn’t a volcano, compared to 113 across the rest of the toilet paper, diapers, canned goods, and but it was pretty tough winds, rain, country, are in Alaska. Many of these their grocery items. In one community, and fog. While the airport wasn’t shut locations are only accessible by air. As we have kids who literally instead of a down, the airplanes weren’t flying. You with Little Diomede, you don’t have a schoolbus to get to school, they take a find a friend’s house to go camp out for road in, you don’t have a road out. It small plane to fly across the river that the evening, and you hope the skies are truly does make the phrase ‘‘Essential separates their community from the favorable the next day. You don’t want Air Service’’ have meaning. school. to press the weather because when you Another community you have heard We are working to get them a bridge. are in the air and you are flying, you me speak about at great length—and in Some might suggest these are bridges want to be safe. fact we are going be having a hearing to nowhere. We think this is about con- I don’t tell you these stories to be focused on King Cove, AK. King Cove is necting people. Right now it is pretty dramatic about what happens with vol- a community that is at the beginning limited in our ability to move in and canos and weather in Alaska but to of the Aleutian chain. This is a com- out. When we talk about flying, for us speak to how integral air transpor- munity that has no road access in or in Alaska, it is a very matter-of-fact tation is to people in my State. A good out. It is accessible only by plane. It is way to travel. It is no frills. airport, a reliable flight schedule, this an area that suffers from some very You come from a cold State, Mr. is the equivalent of having a good road difficult weather conditions because of President. You know that if you and and a good car on the road. where it sits on the peninsula—the your family are going on a long trip I look very critically and very care- mountains, the ocean. The dynamics out on the road and you are going to be fully at things such as the FAA Reau- are such that it doesn’t allow their in the high mountains and the roads thorization Act because some of what small airport to be open for about one- might be treacherous and it is cold, we deal with in this measure is effec- third of the year. Think about that— you will be smart and you will pack tively a matter of life safety for many getting goods in and out, getting peo- some snow gear in the trunk. You of my constituents. Some of those for ple in and out, getting to safety if might have some emergency supplies whom flight is the only option in my there is a medical emergency. There is there. We do that when we are flying State live in the small community of a small airstrip there in King Cove. It

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.041 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2009 is about 3,500 feet long. It is made of tion Act of 2016. I wish to thank Sen- would actually solve our problem when gravel. We have been working to try to ators THUNE and NELSON for their work the average line was up to 45 minutes, get access for the people of King Cove on this bipartisan bill. The Presiding and as a result many people would miss for about 25 years, access to the State’s Officer also serves on the Commerce their planes. We have seen some im- second longest runway, which is in Committee. Thank you. provement, including adjusting to the Cold Bay. I also thank Senator MURKOWSKI be- reconfiguration at our airport. We have an opportunity tomorrow cause in 2013 we worked together to Another issue the bill addresses that morning in the Committee on Energy pass the Small Airplane Revitalization I think is really important is human and Natural Resources to shine a spot- Act, and the law requires the FAA to trafficking. During the Commerce light on this issue, to remind people move forward with modernizing the Committee markup, we adopted my that since 1980 we have had 19 people Part 23 safety certification process for Stop Trafficking on Planes Act as an die due to plane crashes or injured resi- small airplanes. Updating the Part 23 amendment. This bill, which Senator dents who have waited for a safe way process—why we brought the bill to- WARNER and I introduced, will require out. I have brought up this issue with gether and passed it—will improve training for flight attendants so they Secretary Jewell so many times I can’t safety, decrease costs, and encourage can recognize and report suspected count it, but she continues to be a innovation for American small air- human trafficking. Flight attendants blockade and refuses to allow a road to plane manufacturers. are on the frontlines in the battle be built so these people can gain safe The bill before us actually builds on against trafficking, and this amend- passage. those efforts by requiring the FAA to ment will ensure they have the train- Since 2013, there have been 42 finish the Part 23 rulemaking by the ing they need to help prevent the hor- medevacs out of King Cove; 16 of them end of the year and make further re- ror and violence women and children carried out by the Coast Guard. This is forms to the certification process. It suffer as victims of human trafficking. one of those examples where if you will also help to ensure greater coordi- Obviously, Senator CORNYN and I led a have people who live in a place where nation with FAA regional officers when significant bill last year on this issue the elements and their geography dic- they interpret and implement FAA to give our law enforcement some bet- tate a level of concern for safety, where rules and regulations so that the avia- ter tools to be able to go after these tion industry has certainty. There are we can provide for safe transportation perpetrators, and this is really a con- also are provisions to help the FAA and systems, where we can provide them tinuation of that work. industry maintain global leadership on the access to the best air transpor- There is another important safety safety at a time when the aviation tation possible, which is over in Cold priority which I am concerned this bill market is becoming increasingly com- Bay, then we should be trying to do does not address. I filed an amendment petitive and global. that. with Senators MORAN and INHOFE to Senator MURKOWSKI and I have simi- The last issue I want to raise with clarify that the Oklahoma City aircraft lar but different interests here. In registry office provides essential serv- the FAA bill that is very important is Alaska, of course, people fly on a lot of ices and should remain open during a all that is going on with unmanned small planes to get places, and in Min- government shutdown. One might won- aerial systems. Alaska is home to one nesota we do the same thing, but we der why the Senator from Minnesota is of the six official FAA sites for un- also make planes. We have one of the concerned about the Oklahoma City manned aerial systems. It is managed biggest domestic manufacturers, Cir- aircraft registry office. The reason for by the University of Alaska Fairbanks. rus, in Duluth, MN, and so we share an the concern is that every aircraft sold The Pan-Pacific UAS Test Range Com- interest in the safety of small planes domestically, exported, or imported to plex is huge. It covers an area from the and also in expediting these safety reg- the United States must be registered Arctic all the way down to the tropics. ulations and getting them approved. It In Alaska, we have six test ranges. I has been taking the FAA a while to do and obtain FAA approval. These reg- think it is fair to say that provides that, so we are really glad this bill be- istrations are vital to the safety of our some pretty unique range for an oppor- fore us, the FAA reauthorization, actu- national airspace system, and they are tunity to conduct experiments. ally includes a deadline so that this all processed by the Oklahoma City In addition to incredible range, the can get done. aircraft registry office. Arctic itself offers a unique oppor- Last week I spoke about the security In addition to the safety risk from tunity for testing our UAS. It is vast. elements of this bill. I am a cosponsor closing the registry office—and that is It is remote. You are away from the of the amendments that we passed to what occurred during the shutdown— congestion of the lower 48. You are in strengthen airport security, improving we saw that it had a devastating eco- different climate conditions. So this is security in nonsecure areas of the air- nomic impact. The company I am talk- something where Alaska truly has been port, such as the check-in and baggage ing about, Cirrus, which makes these leading and pioneering, and we are very claim, and also tightening airline em- jets, had jets lined up in a warehouse proud of that. ployees’ access to secure areas of our for weeks and weeks and weeks—multi- I am encouraged that this bill re- airport. Those are important security million dollar products that were sup- quires the Department of Transpor- advancements and show how we can posed to be sold around the world. tation to develop a plan allowing UAS make bipartisan progress on an impor- They were unable to ship them out be- to operate in designated areas of the tant issue. cause this particular office in Okla- Arctic 24 hours a day and beyond line My airport has been experiencing sig- homa had been shut down. The General of sight. I think this is important not nificant delays in processing pas- Aviation Manufacturers Association only from the research perspective but sengers. There has been a bit of an im- estimates that $1.9 billion worth of air- hopefully for the commercial purposes provement since the Homeland Secu- craft deliveries were delayed during as well. rity TSA Administrator actually came the last shutdown, putting a severe I think it is fair to say there is good out and saw for himself what was going strain on many general aviation manu- work, strong work that has gone into on, and as a result, they gave us addi- facturers and their employees. this FAA reauthorization. I commend tional dog teams—similar to what we The Oklahoma City aircraft registry the chairman of the Commerce Com- are talking about in this bill—to help office is vital to the safety of our na- mittee, Senator THUNE, for his leader- us with security. In this case they also tional airspace system and the eco- ship, and I look forward to its passage walk the longer lines of passengers. nomic well-being of our aviation sec- in the very short term. I will certainly Once they are able to use the dogs, tor. An entire sector was shut down be- stand in support of that measure. which are highly efficient and good, it cause they couldn’t get approval to I yield the floor. will help to expedite the lines because keep selling their planes for a number The PRESIDING OFFICER. The Sen- the passengers become the equivalent of weeks. I urge my colleagues to sup- ator from Minnesota. of a precheck passenger, and they can port my amendment to ensure that MS. KLOBUCHAR. Mr. President, I move them along faster. this important office remains open in rise to speak in support of the Federal When I first heard we were getting a case we have another shutdown, which Aviation Administration Reauthoriza- few dog teams, I wasn’t sure if that we all hope does not occur.

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.043 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2010 CONGRESSIONAL RECORD — SENATE April 13, 2016 The last issue I came to the floor to they were too tired because of the way people overdosing and dying from this speak about in terms of a grouping of the cargo rules work. heroin and prescription drug epidemic. provisions in this bill is the Safe Skies This bill—the general bill that is be- It has been more than a month since amendment. I am on this amendment fore us—makes great strides in avia- we voted on this bill in the Senate. with Senator BOXER. She is leading tion security and safety. I think there Every day it is estimated that 120 this amendment, which is based on her are some things we can add to this bill. Americans die from drug overdoses. bill, the Safe Skies Act. This bill will By the way, Captain Sully That means we have lost more than close the so-called cargo carve-out. Sullenberger did an event yesterday 3,800 Americans to drug overdoses since There is absolutely no reason to ex- with Senator BOXER and me. He feels the legislation passed the Senate. We empt cargo pilots from the stronger strongly about this issue. He was the can’t wait. We have to move, and we pilot fatigue rules that we all passed one who made that miraculous landing have to move quickly on this because and Congress mandated after the tragic in New York. He stood with us and a it is an epidemic. 2009 crash of Colgan Flight 3407 outside bunch of pilots and said there is abso- The experts say that from 2000 to of Buffalo. lutely no difference between flying 2014, the rate of overdose deaths dou- I met those family members, I have cargo and flying people; it is just a dif- bled, leaving nearly half a million seen the tragedy, and I have talked to ferent kind of cargo. Americans dead from drug overdoses. others who have been in other crashes I look forward to continuing to work That is why we call it an epidemic. that were the results of pilot fatigue. on these amendments, and I urge my In Ohio alone, we have lost 160 Ohio- We had our own tragic air crash in colleagues to support this long-term ans since the Senate passed CARA. Minnesota when Senator Paul FAA reauthorization and avoid the un- Since 2007, drug overdoses have killed Wellstone and his wife Sheila died in a certainty of further short-term exten- more Ohioans than car accidents. Car small airplane, not a commercial air- sions. I hope we will be able to have a accidents used to be the No. 1 cause of plane, due to pilot error. That pilot vote on this very important safety accidental deaths in Ohio, and now it is supposedly had not slept for a long amendment. drug overdoses. It is probably true in time, and so we have seen this in my I yield the floor. your State too. own State. The PRESIDING OFFICER. The Sen- According to the Centers for Disease Cargo airline operations share the ator from Ohio. Control, CDC, Ohio now has the fifth same airspace as passenger airplanes, COMPREHENSIVE ADDICTION AND RECOVERY BILL highest overdose death rate in the the same runways, and the same air- Mr. PORTMAN. Mr. President, I rise country—top five, not something to be ports as the rest of the airline industry once again to talk about the urgency of proud of. Statewide, overdose deaths and the flying public. A tired pilot is a our passing the Comprehensive Addic- more than tripled from 1999 to 2010. We danger not only to himself or herself tion and Recovery Act in the House of have been told that over 200,000 Ohio- but to others in the air and to those on Representatives. This is legislation ans are addicted to opioids right now. the ground. that passed the Senate with a 94-to-1 It is not slowing down. Unfortunately, This issue is a top priority at NTSB. vote about a month ago. In fact, the this crisis continues, and therefore our They want to have this loophole closed, Senator from Minnesota, who just response cannot slow down. In fact, it and I don’t know how it could be more spoke, Ms. KLOBUCHAR, is one of the needs to speed up. telling than this dialogue. This hap- four original cosponsors of this legisla- Washington is not going to solve this pened in 2013 when two cargo airline pi- tion. She is one of those who feels so problem. It will be solved in our com- lots were tragically killed in a crash passionately about it, along with Sen- munities back home, but we can help. near the airport in Birmingham, AL. I ator WHITEHOUSE and Senator AYOTTE. We can be better partners, and that is will read an excerpt, which is right When this came bill came up for a what the Comprehensive Addiction and here on the chart, from the cockpit vote, all but one Senator said that this Recovery Act, CARA, does. It makes voice recorder on that flight. These is important, it is urgent, and we need Washington a better partner to be able were the two pilots speaking to each to address it. Passing it in the Senate to save lives. other just 20 minutes before this flight with that kind of a vote meant that Last week I talked about how it is af- went down. the House of Representatives would fecting one of our cities in Ohio— Pilot 1: I mean, I don’t get that. You know, likely take it up quickly, partly be- Cleveland, OH. I would like to update it should be one level of safety for every- cause over the last 3 years we worked everybody here and my colleagues in body. with the House. We didn’t just make the House about what is happening in They are actually discussing the fact this bipartisan, we made it non- Cleveland, OH. From March 10, which that these rules don’t apply to them. partisan. We didn’t just make it a Sen- was the day we passed CARA, to March They are not protected. They don’t ate project, we made it a House-Senate 27, the latest date for which we have have the 8-hour flying rule, and then project. It was bicameral. We intro- statistics, 29 people died from they can rest. duced the same legislation in the Sen- overdoses, and that is in one 17-day pe- ate that they introduced in the House. riod in one city. Over the course of one Pilot 2: It makes no sense at all. Pilot 1: No it doesn’t at all. I believe there are 119 cosponsors of long weekend during that period, eight Pilot 2: And to be honest, it should be that bill in the House. men and four women died of overdoses. across the board. To be honest in my opinion It has been subject to a lot of hear- During one long weekend in one city, whether you are flying passengers or cargo ings over here. It has been subject to 12 Ohioans overdosed, which included a . . . if you’re flying this time of day— five different summits here in Wash- 21-year-old and a 64-year-old. Some of They often fly in the evenings— ington, DC. We brought experts from the victims were White, some of the you know fatigue is definitely . . . all over the country to tell us what to victims were African American, some Pilot 1: Yeah . . . yeah . . . yeah . . . do. We don’t have all the best ideas of the victims were from the suburbs, Pilot 2: When my alarm went off I mean here in Washington, so we got the ideas and some of the victims from were I’m thinkin’ I’m so tired. from around the country. One reason from the inner city. This is affecting Pilot 1: I know. the legislation got this strong vote of all ages, all races, all backgrounds, and Twenty minutes later, this plane 94 to 1 in the Senate is that it does ad- all ZIP Codes. crashed, and both of the pilots were dress the problems people see in their Some of you may have heard the killed. We shouldn’t have to wait for communities. story of Jeremy Wilder. He is from more tragedies before we close this gap I want the House to act on this be- Portsmouth, OH, one of the areas that in aviation safety. cause it is so urgent. This legislation is hardest hit in Ohio. I urge all my colleagues to support will help right away in terms of help- In Portsmouth, OH, we had a town- Senator BOXER’s amendment and cre- ing to prevent drug abuse, helping hall meeting 6 years ago. I brought in ate a uniform rest standard for all pi- young people to make the right deci- the drug czar and law enforcement offi- lots. I don’t know how much clearer it sions, and helping people get into cials to deal with the prescription drug can be when the actual pilots who treatment and recovery which is evi- epidemic that was exploding at that crashed were discussing the fact that dence-based and works, rather than point. As we made more progress on

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.045 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2011 prescription drugs, heroin started to of overdoses as the coroner in that We know the bill we passed here come in, which is a cheaper alter- community. works. We know it is bicameral, and we native, and unfortunately more and There is a sense of urgency across know it has cosponsorship in the House more people got into the grip of that Ohio about this, a sense that it has got- to be able to get it done. We hope the heroin addiction. ten out of control. It is in the head- House will simply put CARA on the Jeremy Wilder of Portsmouth, OH, lines. People understand it. Wash- floor, pass it by a large bipartisan mar- said he became addicted to heroin and ington could use that sense of urgency gin, just as the Senate did, and get it sold drugs to pay for his own use. He too. Communities are taking action. to the President’s desk for his signa- told National Public Radio this: Ohio is taking action. Other States are ture. This is close to being a historic I sold dope to cops, I sold dope to lawyers, taking action. The Senate has taken achievement for this Congress and, I sold dope to doctors. I had a cop that used action by a 94-to-1 vote. That means it much more importantly, for the Amer- to drive me to my drug connection—rich is now time for the House of Represent- ican people. It is really one vote kids. I had two good friends that were very atives to take action. Right now, the away—one vote away—on the floor of wealthy, and because of their addiction, House version of CARA has 113 cospon- the House of Representatives. their parents have nothing today because sors. I will tell my colleagues why it is their children just drained them. This bill was written together with going to pass. It is going to pass be- That was on National Public Radio. us, on a bipartisan, bicameral basis, to cause Senators from every State in the There is no demographic, no State, ensure that we could get this legisla- Union representing every single con- no city, no county that is safe from tion through to the President for sig- gressional district supported this bill. this epidemic. nature and get it out to our commu- It has the support, more importantly, One of the big issues we have now in nities to begin helping to avoid not from groups all over the country, in- Ohio is heroin laced with what is called just these overdose deaths but all the cluding 130 different organizations, fentanyl, which is an even more power- dislocations occurring because of this stakeholders, the people who represent ful drug. In 2013, five people in Cleve- epidemic, all the families and all the those who are in the trenches dealing land died of overdoses of fentanyl, communities that are being torn apart with treatment, in the trenches dealing which we are told is up to 100 times and devastated. Prosecutors in Ohio with prevention. Our law enforcement more potent than heroin, depending on told me 80 percent of crime is related community—the Fraternal Order of the fentanyl. In 2014, that number in- to this opiate addiction issue. Police, the National Sheriffs’ Associa- creased by more than 700 percent. So I know the House majority leader has tion—they all endorse this legislation. from 2013 to 2014, a 700-percent increase said he wants the House to take on this These groups understand what is need- to 37 people dying. Last year, by the drug epidemic and pass legislation ed, and they want this help now. way, that number more than doubled sometime this month. I appreciate This is a unique opportunity for us to to 89 people dying of fentanyl that, and I know he is sincere. I move forward. In this political year, in overdoses. watched the Republican weekly address this partisan atmosphere, this is one Over the weekend—4 weeks after the by Congressman BOB DOLD of Illinois. issue that should not have any par- Senate passed CARA—in the middle of He did a very good job. It is clear to me tisanship to it at all. It should just get the day, a man overdosed and died at a that he is passionate about this issue, done. McDonald’s in a suburban community and I appreciate his advocacy on behalf Senator WHITEHOUSE and I crafted outside of Cleveland in front of a lot of of those who need our help. But I would this legislation together, again work- people, and there was a lot of media say that I didn’t notice any hearings or ing with others in the Chamber, as we coverage as a result. markups this week. talked about earlier. We drafted it with In Franklin County, annual overdose We passed this legislation in the Sen- a lot of different stakeholders from deaths have nearly quadrupled in the ate. It has been subject to all kinds of around the country, holding five fo- last decade. scrutiny and hearings, and it passed rums on various aspects of this debate. In Toledo, we lost 214 people to with a 94-to-1 vote. Are there other These forums were here in Washington, overdoses last year—a 50-percent in- ideas? Of course there are, and that is but we brought in experts from all over crease in just 1 year. We think now fine. But we know these ideas work: the country, knowing that is where the that some 10,000 people in the area are better prevention; better education; best ideas are going to be. addicted to heroin or opioids. more people in treatment and in recov- The best practices around the coun- People in Akron have been heart- ery that is actually evidenced-based, try are represented in the legislation. broken over the story of Andrew Frye. and it works; helping police officers to We have done this. We have done the Andrew’s mom was a heroin addict. An- have the Narcan they need to save factfinding. We have consulted with drew, his mom, and his grandmother lives—this miracle drug that can stop the experts—with the doctors, law en- all did heroin. Last week, Andrew’s an overdose from turning into a death; forcement, the patients in recovery, mom found him dead at the age of 16 in helping to ensure that prescription with the drug experts in the Obama ad- a Summit County hotel room. That drugs are taken off the bathroom ministration, including the White was his last week, 16 years old. shelves; stopping this overprescribing House Office of National Drug Control Summit County, by the way, where by having a drug-monitoring program Policy, including the Department of Akron is located, has seen its overdose because most people who are hooked on Health and Human Services and the death rate double in just 5 years. heroin started with prescription drugs. Department of Justice. We brought in I think we get the picture. This is We know these things. This legislation people from all over, and they agree clearly a growing epidemic. It is a does this. that this is where we can make problem that must be addressed. As I It provides around $80 million in ad- progress and make progress now. have said, no ZIP Code, no congres- ditional funding going forward. That That work is important. It should sional district is safe from this threat. funding is needed, again, to be a part- not be ignored. But much more impor- In Ohio, we understand that. Just in ner with State and local governments tant is the fact that people out there the last few weeks, there have been and nonprofits, not to take their place. are waiting for us. They are waiting for summits on this issue in Cincinnati, in We know this. us to act. Thousands of veterans, preg- Middletown, in Cedarville, OH. Again, Let’s get this legislation passed. nant women, and first responders are suburban, rural, and inner city commu- Let’s move this legislation separately. waiting because this legislation affects nities are all affected. It can be sent to the President’s desk all of them. Every single one of these On March 23, nearly 2 weeks after next week. We can begin to make groups would benefit from CARA, and CARA passed, the Franklin County progress now. If there are other ideas, they want it now. coroner, Dr. Anahi Ortiz, convened the that is great; send them over here and Think about the peace of mind we Franklin County Opiate Crisis Sum- we will work on them. We will work on could give parents by expanding pre- mit. She says she has seen children as our own ideas. There is always more to vention and educational efforts to pre- young as 14 die of drug overdoses. She do on this issue. Unfortunately, there vent prescription and opioid abuse and has seen toddlers and seniors alike die is always more to do. the use of heroin so that their kids

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.046 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2012 CONGRESSIONAL RECORD — SENATE April 13, 2016 don’t make that tragic mistake of ex- I have heard so many stories. I was in I am going to do everything in my perimenting one time—one time— a treatment center in Athens, OH, a power to protect the people of Ohio, which is sometimes all it takes. CARA couple of weeks ago meeting with even if that means continuing to come could give them some peace of mind. women who are now reunited with out here on the floor every week and CARA would increase drug disposal their children for the first time in continuing to do everything I can, in- sites to keep these medications—these years because they have taken the cluding making calls, as I did yester- prescription drugs and pain killers— brave and courageous step to get into day, over to the House of Representa- from getting into the wrong hands. We treatment. This grip of addiction is tives; including talking to my col- are already told by the Centers for Dis- very difficult. It is very difficult to es- leagues personally; and including tell- ease Control that the amount of pre- cape from, but they have done it. They ing some of these stories I have told scription opioids sold in the United are now in long-term recovery. They today. People’s lives are at stake. We States nearly quadrupled since 1999; are back at work. They have the dig- have to move this legislation. We need yet there has not been an overall nity and self-respect that come with to get it to the President’s desk. He change in the amount of pain Ameri- taking care of their family and being will sign it. And it can then begin to cans report. So how do we explain this at work. make a real difference for the families dramatic increase in prescriptions? On March 29, 19 days after we passed we represent who are so affected by Some of these drugs are being abused, CARA, the President spoke at the Na- this epidemic. or sold on the street to addicts. A sur- tional Prescription Drug Abuse and Thank you, Mr. President. vey in 2013 found that 4.5 million Amer- Heroin Summit in Atlanta, GA. At that I yield the floor. icans use opioids for nonmedical pur- summit we heard from Crystal Oertle I suggest the absence of a quorum. The PRESIDING OFFICER (Mr. LEE). poses. CARA would help make sure of Shelby, OH. She told her story of The clerk will call the roll. that prescription drugs don’t get into trying Vicodin because someone of- The senior assistant legislative clerk fered it to her. She became addicted be- the wrong hands. And set up the drug- proceeded to call the roll. monitoring program to better know cause she tried it once. Eventually she Mrs. FISCHER. Mr. President, I ask who is getting these drugs and why and needed something stronger and strong- unanimous consent that the order for be able to stop the inappropriate use. er, and pills weren’t always available the quorum call be rescinded. CARA would create law enforcement and they were more expensive. Heroin The PRESIDING OFFICER. Without task forces to combat heroin and meth- was more readily available and cheap- objection, it is so ordered. amphetamine and expand the avail- er, so she started using heroin. She UNANIMOUS CONSENT REQUEST—S. 2200 ability of naloxone and Narcan to our would drive an hour to Columbus, OH, Mrs. FISCHER. Mr. President, yes- law enforcement and first responders. with her 2-year-old daughter every day terday many Members of the Senate They know how important that is. to get her heroin. Her addiction drove came down to the floor to discuss the They know that if they had more train- her to theft. Her family supported her importance of equal pay for equal ing and more availability, they could and begged her to get help. She is now work. save more lives. Again, that is why law being treated. She is more than 1 year Republicans remain committed to enforcement, including the Fraternal sober. She is part of an outreach pro- enforcing our equal pay laws and pre- Order of Police, supports this legisla- gram, the Urban Minorities Alcohol venting discrimination. We all believe tion. Thank God we have them out and Abuse Outreach Program. She is wage transparency is an important there. If you talk to your police offi- taking opiate blockers, drugs that ac- tool, and we agree that employees have cers and firefighters, you will find that tually block the effects of opiates. This a right to freely discuss their com- they are doing this work every single is exciting new medication. She is get- pensation without the fear of retalia- day. They are intervening and saving ting counseling. She is part of a sup- tion. This transparency will allow em- lives every single day in your commu- port group with other people in treat- ployers and employees to identify what nity. ment. It is working. It is working for trends or factors exist and how they They know that this addiction epi- her, and it is working for many other are actually contributing to wage dis- demic is driving lots of other crime Americans. She is dedicating herself to parities. too. It causes thefts, violence, and eliminating the stigma around addic- No meaningful change to overcoming human trafficking. Last month in Co- tion to get more people to step forward the opportunity gap can occur without lumbus, I met with a group of traf- and to get into treatment because she this knowledge. We have bipartisan ficking victims. These were women. knows that if you treat addiction like agreement that preventing retaliation They all told me the same thing, which other diseases, it will have an impact will empower American workers and is that their pimps, their traffickers, on that stigma, more people will come will enable them to negotiate more ef- got them hooked on heroin and then forward, and more people will be able fectively for the wages that they have trafficked them, and in each case they to get their lives back on track. earned. Protecting employees from re- were trafficked on this Web site: There is hope. Addiction is treatable. taliation is an issue that all of us, backpage.com. This drug issue and We are told that 9 out of 10 people who Democrats and Republicans, can agree human trafficking are definitely re- need treatment aren’t getting it. on. Today we have a unique oppor- lated. Again, this is one reason CARA is so tunity to pass a bill that will strength- We are told by law enforcement that important: It will get more people into en our Nation’s equal pay laws for the so much of the crime—the majority of treatment. first time in over 50 years. Today we the crime in our State has been driven As I said before, I take the House have a chance to make a difference for by this drug addiction. leadership at their word when they say American workers. There are so many heartbreaking they would like to move this legisla- Mr. President, I ask unanimous con- stories, but there are also stories of tion and move it through regular order. sent that the Senate proceed to the im- hope. I have heard them firsthand. I I understand that, but I will say this: mediate consideration of Calendar No. have met people who have been in re- They need to move and they need to 278, S. 2200. I ask consent that the bill covery, who have made it through to move quickly because of the urgency of be read a third time and passed and the other side. So part of what this leg- this issue, because of the fact that in that the motion to reconsider be con- islation is saying is that this addiction their communities and in the commu- sidered made and laid upon the table. issue is an illness. Addiction is an ill- nities represented here on the Senate The PRESIDING OFFICER. Is there ness and, like other illnesses, needs to floor, which is every community in objection? be treated that way. It is a disease. But America—every single State here has a Mrs. MURRAY. I object. also, part of our legislation is saying U.S. Senator who supports this legisla- The PRESIDING OFFICER. Objec- that there is hope. We have seen where tion. tion is heard. treatment and recovery that is evi- People are waiting. They need the The Senator from Washington. denced-based can work to get people’s help. We can provide the help. We can UNANIMOUS CONSENT REQUEST—S. 862 lives back on track, to bring families make the Federal Government a better Mrs. MURRAY. Mr. President, the back together. partner. We can deal with this crisis. bill my colleague from Nebraska is

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.048 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2013 asking to bring to the floor falls far gotiate for equal pay, it would close ican women. While I am disappointed short of closing the wage gap. I want to loopholes in the Equal Pay Act, and it in today’s objection to my bill, I hope speak for a few minutes about why. At would create strong incentives for em- we can move beyond sound bites be- the end of my remarks, I have a unani- ployers to provide equal pay. cause this issue is too important to po- mous consent request. I want to make one thing very clear. liticize year after year. If we really want to offer working The Republican bill being offered today The Paycheck Fairness Act that my women solutions for wage discrimina- has zero Democratic cosponsors. It is colleague speaks of will inhibit em- tion, we should instead pass Senator not bipartisan. By contrast, before Re- ployers’ ability to establish merit- MIKULSKI’s Paycheck Fairness Act be- publicans politicized equal pay for based pay systems, and it will inhibit cause today women across the country equal work, the Paycheck Fairness Act employees’ ability to negotiate flexible make just 79 cents for every $1 a man actually passed the House of Rep- work arrangements. makes. This is an issue that Democrats resentatives in both 2008 and 2009 with The Independent Women’s Forum re- have been focused on for years. I am bipartisan support. Unfortunately, cently conducted a study on what mat- glad at least some Republicans finally since then, some Republicans have de- ters to women when they choose a job. recognize there is a wage gap problem, cided to make the wage gap about poli- They found that flexibility was a com- and I welcome their support for fixing tics and blocked it in the Senate. So mon theme. Whether providing flexible this systemic problem. Unfortunately, today I am glad Republicans do agree scheduling or offering alternatives like the Republican proposal that is offered with us that this is an urgent problem. telecommuting, women value flexi- today will not provide the solutions We need real solutions to address it. bility, and they value it at about the working women need. That is why I object to the Fischer same level as receiving 10 paid vaca- Many companies prohibit workers bill, and I urge my colleagues to sup- tion and sick days or receiving $5,000 to from discussing their pay. So if a port the Paycheck Fairness Act that $10,000 in extra income. This is impor- woman talks with her male colleague would tackle pay discrimination head- tant to women. We should be doing it. about their salary and discovers there on. The survey showed what many of us is a wage gap, her employer could fire Therefore, I ask unanimous consent already know. Every situation is dif- her or retaliate in some other way. The that the HELP Committee be dis- ferent, and by providing more options, Republican bill would make it illegal charged from further consideration of workers can negotiate work arrange- for an employer to retaliate against S. 862, the Paycheck Fairness Act; that ments that can suit their own par- workers for discussing salary but only the Senate proceed to its immediate ticular needs. when those conversations are for the consideration; that the bill be read a With these concerns in mind, I ob- express purpose of finding out if the third time and passed; and that the ject. employer is providing equal pay for motion to reconsider be considered The PRESIDING OFFICER. Objec- equal work. made and laid upon the table with no tion is heard. Nonretaliation is only one small part intervening action or debate. Mrs. FISCHER. I suggest the absence of the wage gap problem. It doesn’t The PRESIDING OFFICER. Is there of a quorum. provide nearly enough protections to objection? The PRESIDING OFFICER. The actually make a difference in closing The Senator from Wisconsin. clerk will call the roll. the pay gap. In today’s workplace, Mrs. FISCHER. Mr. President, re- The legislative clerk proceeded to many workers find out about pay dis- serving the right to object. call the roll. crimination by accident. Maybe they I have heard many times from my Mr. COONS. Mr. President, I ask see a spreadsheet that was left on a friends on the other side of the aisle unanimous consent that the order for copy machine or maybe a male col- that my proposal doesn’t go far the quorum call be rescinded. league’s salary comes up in casual con- enough. Respectfully, I believe some of The PRESIDING OFFICER. Without versation, but in these circumstances, the provisions of the Paycheck Fair- objection, it is so ordered. any worker who attempts to address ness Act go too far. I take issue with Mr. COONS. Mr. President, I ask the problem would have no protections the accusation from those who wrongly unanimous consent to enter into a col- from retaliation under this bill. The assert that my bill will make it harder loquy with the Senators from Min- only way to qualify for these limited for women to discuss wage discrimina- nesota and Connecticut. protections is if a woman uses the tion. I understand that my nonretalia- The PRESIDING OFFICER. Without magic words that pass a legal test tion language is different from the objection, it is so ordered. when discussing equal pay with her col- Paycheck Fairness Act, but the intent IRAN leagues. and the effect are the same. My bill Mr. COONS. Mr. President, in the It is even worse than that. This bill will protect women and men from re- months since world powers reached an can give workers a false sense of secu- taliation when they learn about or agreement to block Iran’s pathway to rity that their conversations about seek out information about how their building a nuclear weapon, Iran’s be- equal pay are protected, when instead compensation compares with other em- havior has given the international women can still be reprimanded or, ployees. community reasons for both some opti- worse, lose their jobs altogether for It is clear there is common ground to mism and continuing, serious concern. finding out their male colleagues earn make progress on equal pay when it The positive news has been that Iran more than them. So this Republican comes to wage transparency. Every has taken some real steps to restrain bill wouldn’t even solve the one narrow Senate Republican is on board with its nuclear programs. It has disabled problem it is trying to address. this proposal. It is a needed update to two of its short-term pathways to pro- Thankfully, we do have a bill that our equal pay laws. In 2014, every Sen- ducing weapons-grade material by ship- would address the wage gap. It is the ate Democrat welcomed a more limited ping nearly its entire stockpile of en- Paycheck Fairness Act that Senator but similar Executive order that was riched uranium out of the country and MIKULSKI has championed. The Pay- issued by President Obama that per- by filling its plutonium reactor with check Fairness Act would make it un- tained only to Federal workers. concrete. lawful for employers to retaliate My Workplace Advancement Act goes Iran has reduced its number of func- against workers for discussing pay, pe- further. It protects all Americans. tioning uranium-enrichment cen- riod. It wouldn’t involve a complicated Moreover, it is bipartisan. Five Senate trifuges by two-thirds, and the country legal test like the Republican proposal, Democrats are already on the record in has provided international inspectors and the Paycheck Fairness Act would support of this plan. So why do my 24/7 access to continuously monitor all help close the wage gap in so many im- friends from the other side of the aisle of Iran’s declared facilities. These are portant ways. not now support my bill? positive developments. Yet, at the If a woman finds out her male col- Colleagues, this is an issue we can same time, Iran continues to engage in leagues are paid more for the same agree on. It is clear my legislation en- deeply concerning activities, such as work, the Paycheck Fairness Act backs joys bipartisan support, and it can support for terrorism and efforts to fo- her up. It would empower women to ne- make meaningful progress for Amer- ment instability in the Middle East, to

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.050 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2014 CONGRESSIONAL RECORD — SENATE April 13, 2016 conduct illegal ballistic missile tests, In March, one of Iran’s defiant tests dation of our bilateral security efforts. and to continue to violate its citizens’ notoriously involved a missile that had Those efforts support not only Israel, most basic human rights. a disturbing and alarming message they are in the national interests of Today, my colleagues and I come to scrawled on the side: ‘‘Israel must be the United States of America. Indeed, the floor to draw attention to some of wiped off the face of the Earth.’’ This they are essential to our national in- the more grave, more concerning devel- explicit message, by the way, written terests in the region and in the world. opments of recent weeks. I am honored not only in Persian but in Hebrew, was While negotiations remain ongoing to have the company of my friend, the designed to directly threaten Israel. between the United States and Israel senior Senator from Connecticut, Mr. That is hardly speculation. regarding the historic renewal of the BLUMENTHAL, who joins me in address- It should not be tolerated by any Na- MOU, I want to express that I continue ing why Russia’s refusal to condemn tion. Even worse than Russia’s refusal to support making the MOU a truly Iran’s bad behavior—and, in fact, in to condemn Iran’s ballistic missile transformational investment to deepen some ways encouraging it—poses huge tests, is that Russia has essentially re- the U.S.-Israel strategic partnership. It security risks for our allies in the Mid- warded Iran for its bad behavior by is based on a shared understanding of dle East. continuing—even increasing—its co- the environment that confronts Israel I would now like to yield, if I could, operation with Iran through military and the United States together. Russia to my colleague from Connecticut. deals. is only exacerbating the threats in the The PRESIDING OFFICER. The Sen- In February, Iran’s Defense Minister region to our partnership—the United ator from Connecticut. visited Moscow to discuss purchasing States and Israel—as well as to each of Mr. BLUMENTHAL. Mr. President, I an array of weapons. Any sale of major our nations. want to express my gratitude to my combat systems to Iran in the next 5 The Russian-Iranian cooperation le- friend from Delaware, who is truly an years would require approval by the gitimizes and strengthens Tehran’s ad- expert on this issue, as a member of U.N. Security Council under Resolu- venturism, as well as the Assad regime the Foreign Relations Committee. He tion 2231. But the United States has in Syria, and threatens international has been a leader in this area, and I am made it clear that such a sale will not security. Moscow’s affair with Tehran delighted and honored to join him on be supported. Therefore, it will not be and beyond has brought Russian mili- the floor today to discuss the ever- approved by the U.N. Security Council. tary might to a network of terrorism evolving and concerning cooperation Media reports in recent weeks have that we must continue to monitor between Russia and Iran, particularly highlighted Russia’s shipment of parts closely and work to combat for the in recent months. He has very elo- of an S–300 air defense system to Iran. safety and security of the United quently and persuasively described a In addition, Russia and Iran are sup- States. It is our security and it is number of the concerns that we share. posedly in talks over Sukhoi fighter Israel’s security that is at stake, and I want to associate myself with what jets. If such sales are finalized and the the entire international community’s he has said here this afternoon. systems are delivered, Russia would be security. I again thank my colleague from As we all know, Iran has conducted directly defying U.N. Resolution 2231. Delaware for giving me this time and multiple ballistic tests in the last sev- Supplying weapons to Iran is particu- his patience in hearing me out. I look eral months. That is beyond question. I larly dangerous and potentially dam- forward to working with him and other have continuously condemned both aging because it is not done in a vacu- colleagues who are concerned about the Iran’s ongoing ballistic program and um. Russia’s growing partnership has Russian-Iranian cooperation. They are Iran’s failure to uphold its inter- far-reaching ramifications because certainly deeply concerning. I thank national obligations under the U.N. Se- Hezbollah, Iran’s terrorist proxy in him again for his leadership and vision curity Council resolutions by calling Lebanon, also benefits, at least indi- on this topic. for sanctions enforcement at the rectly, from Russian arms and military Mr. COONS. Mr. President, I thank Armed Services Committee hearings operational experience in Syria. my colleague from Connecticut—who and in letters to the administration The flow of support from Russia to has been determined, engaged, and and in public statements. Iran to Hezbollah feeds into yet an- thoughtful—for his wise words today We have been steadfast in this effort. other threat that deeply concerns me and for his persistence and his efforts While the administration has heeded and our greatest ally in the Middle in making sure that our colleagues on my calls by enforcing sanctions against East and one of our greatest in the both sides of the aisle are aware of 11 entities and individuals supporting world, Israel. Coupled with continued alarming developments in the region Iran’s missile program, clearly more chaos in the region, the Russian-Ira- and continuing to do everything we can must be done. The United States and nian cooperation, which strengthens in a responsible and bipartisan way to the international community must Hezbollah, only adds to the urgency support Israel’s security through the vigilantly enforce sanctions on Iran’s and importance of ensuring that Israel MOU, which he has referenced and on ballistic development, as well as its remains secure, stable, and inde- which he led a letter about the impor- state sponsorship of terrorism and pendent. tance of a prompt and supportive re- human rights violations which con- Last November, Senator BENNET and negotiation of that MOU, and calling tinue day in and day out. I co-led a letter to the President con- attention to Russia’s destabilizing ac- These steps must be taken to hold cerning the need to renew the memo- tions. this regime accountable and prevent randum of understanding on U.S. mili- As Senator BLUMENTHAL just ref- Tehran from believing it can violate tary assistance—the MOU, as it is erenced, recent reports convey that international law with impunity. Noth- known—with Israel to help that nation Iran is reporting that Russia has al- ing less is at stake here than that prin- prepare for, respond to, and defend ready delivered parts of this S–300 ciple. Yet Russia has refused to punish against threats in an uncertain re- weapons system—a defense system, Iran. As a world power and permanent gional environment and to ensure its they claim, but a weapons system that member of the U.N. Security Council, qualitative military edge. There is would significantly change the re- Russia can and must be doing more to nothing original or novel about that gional balance of power. counter Iran’s destructive deeds, in- policy or principle. I again thank my colleague from cluding ensuring that Iran abides by The current MOU provides $30 billion Connecticut for being shoulder-to- U.N. Security Council Resolution 2231. in assistance to Israel through fiscal shoulder with me on the floor today This resolution calls on Iran ‘‘not to year 2018. As threats in the region con- and in the months and years behind us undertake any activity related to bal- tinue to evolve, including Iran’s malign and the months and years ahead of us listic missiles designed to be capable of influence, reinforced and enabled by because it will be a longstanding chal- delivering nuclear weapons, including Russia, the administration must en- lenge to keep the Members of this body launches, using ballistic missile tech- gage at the highest levels to continue and folks in Washington focused on the nology.’’ That is a quote. That man- to develop a shared understanding of very real threat to America’s security date applies for up to 8 years from the threats confronting Israel by strength- and Israel’s security that is presented JCPOA’s adoption day, October 18, 2005. ening the MOU that serves as the foun- by Iran and its actions.

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.052 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2015 As Senator BLUMENTHAL mentioned, clear what specific version of this air- Churkin reiterated Russia’s commit- when it comes to countering Iranian craft Iran is seeking to obtain, these ment to the JCPOA and our shared aggression in the Middle East, a num- advanced weapons would significantly goal of preventing Iran from acquiring ber of Russia’s recent actions do enhance the capabilities of Iran’s Air a nuclear weapon, I left our conversa- threaten to do more harm than good. Force. tion convinced that Russia will con- Last summer, when the United Currently, Iran fields an outdated tinue to stand in the way of the inter- States came together with the United mix of antiquated Russian, Iraqi, national community’s efforts to penal- Kingdom, France, Germany, and Rus- American, and Chinese-built aircraft. ize Iran for its ballistic missile tests. sia to reach an agreement with Iran to Many of these planes date from the Russia’s military sales to Iran and block their pathway to build a nuclear Cold War. One particularly advanced intransigence at the U.N. Security weapon, the international community variety of this Russian jet, for exam- Council are disappointing, to say the was clear that the success of this deal ple, is armed with air-to-air, anti-ship, least, in light of Russia’s agreement to relied on every signatory keeping its and land attack missiles and bombs— the terms of this nuclear deal and the word and doing its part to prevent Iran precision munitions that would signifi- importance of all of us working to- from violating the deal. cantly increase the performance capa- gether in the international community The responsibility to enforce the bilities of the Iranian Air Force. They to constrain Iran’s bad behavior. terms of the JCPOA goes hand-in-hand could target other fighter aircraft, sta- The challenge for American diplo- with an understanding that world pow- tionary military facilities, and naval macy is to convince Russia that its ers must also push back on Iran’s bad vessels. In the hands of Iran, these military sales to Iran, its refusal to en- behavior outside the four corners of fighter jets would fundamentally gage in multilateral action to punish this agreement—specifically, its sup- change the balance of power in the Iranian ballistic missile tests, and its port for terrorism, its continued illegal Middle East and pose a threat to U.S. hesitancy to sanction Iran for sup- ballistic missile tests, and its human facilities and our local allies. porting terrorist groups harm not only rights violations. More concerning, according to some American interests but Russian inter- Despite its participation in the nego- reports, Iran is seeking not just to buy ests as well. tiations that led to the agreement, these aircraft but also to license their Enabling Iran to strengthen its mili- Russia reportedly plans to sell missile production in Iran, which would great- tary capabilities makes it easier for systems to the still-dangerous Iranian ly strengthen Iran’s industrial base and Iran in the future to one day return to regime, as well as—as referenced by its technical knowledge. It would also an effort to develop a nuclear weapon. Senator BLUMENTHAL—advanced fight- leave the international community Ballistic missile tests foment insta- er jets. Russia also continues to block with even fewer options to prevent Ira- bility in the whole Persian Gulf and the U.N. Security Council from taking nian access to this technology in the southern Europe, both of which lie action—necessary and responsible ac- future. close to Russia. As we have tragically tion—after Iran’s recent illegal missile At a recent Senate Foreign Relations seen in recent weeks, the scourge of tests, which contravene its commit- Committee hearing, Tom Shannon, the modern terrorism does not abide by ments under U.N. Security Council res- Under Secretary of State for Political international borders and poses a real olution 2231. Affairs, said the United States would threat to Russia as well. Despite the divisions that have ‘‘block the approval of fighter’’ aircraft In the coming months and years, the brought Congress to a standstill in re- sales from Russia to Iran. I urge the United States must continue to pursue cent years, I am confident that we all Obama administration to use all diplo- action at the Security Council and agree on one thing: that Iran must not matic measures available to it to en- work with our European allies to pun- be allowed to develop a nuclear weap- sure that we fulfill Under Secretary ish Iran for its bad behavior. on. I continue to believe the JCPOA Shannon’s commitment. With that, I yield to my friend the represents the least bad option for As my colleagues know, Iran could senior Senator from Minnesota, who blocking Iran’s pathway to a nuclear use these weapons to threaten U.S. as- has just joined me for the colloquy. bomb. sets in the Persian Gulf region, chal- Senator KLOBUCHAR has joined me to In recent months, as I have said, Rus- lenge the safety of our vital ally Israel talk about the importance of con- sia has repeatedly undermined the spir- and other close partners, or to protect tinuing to work to hold Iran account- it of that agreement, using the JCPOA illicit nuclear sites within Iran’s bor- able under the JCPOA, to urge a need as an excuse to proceed with dangerous ders. These threats are not just hypo- to confirm senior national security and provocative sales of allegedly de- thetical. Iran remains a rogue and un- nominees, and the imperative to sup- fensive equipment to Iran. According predictable regime that supports ter- port our regional partners, especially to news reports, as I said, Russia has rorism in the region and is publically of our ally Israel. begun delivering parts of the S–300 sur- committed to the destruction of valley. Senator KLOBUCHAR. face-to-air missile system to Iran. Al- The international community cannot The PRESIDING OFFICER. The Sen- though it is unclear how much of that stand by while Iran continues to ator from Minnesota. system has already been delivered, the threaten our allies and destabilize the Ms. KLOBUCHAR. Mr. President, I five S–300 systems Russia has promised Middle East. Its illegal ballistic missile thank Senator COONS for his work. As to Iran would contain 40 launchers, tests in March served as yet another he stated, Russia’s actions are very which could shoot down missiles or air- example that the Iranian regime is not harmful in the effort to bring peace in craft as far as 90 miles away. One a responsible member of the inter- the Middle East. Russia reportedly version of the S–300 currently in use by national community. These tests help plans to sell advanced aircraft and mis- the Russian military can travel nearly Iran to further develop missiles capa- sile systems to Iran, as Senator COONS 250 miles at five times the speed of ble of reaching most of the Middle East noted, and may begin making these sound. In a worst-case scenario, if Iran and even parts of Europe, and they de- shipments in the next few days. These backs out of the nuclear deal, this S– stabilize the region and belie Iran’s weapons could be used to destabilize 300 system would substantially limit supposedly peaceful intentions, stated the region and threaten the security of the international community’s options often by both its President and Foreign our allies, especially Israel. to act to prevent Iran from developing Minister. They claim Iran’s intentions Russia also continues to block the a nuclear weapon. are to serve as a responsible member of U.N. Security Council from taking ac- That is not all, though. Recent news the international community, but tion in response to Iran’s recent illegal reports indicate Russia and Iran are ac- these provocative missile tests clearly missile tests. These actions can only tively negotiating an agreement to contradict their commitments under embolden Iran and encourage Iran to allow Iran to purchase an unknown U.N. Security Council resolution 2231 disregard its commitment. number of Sukhoi Su-30 fighter jets— and demand a response. Russia, as a JCPOA country, a world similar to the one pictured here—some Last week I met with Vitaly power, and a member of the U.N. Secu- of the most advanced fighter jets avail- Churkin, the Russian Ambassador to rity Council, needs to be convinced able in the world. Although it is un- the United Nations. While Ambassador that it is in its best interests and in

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.054 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2016 CONGRESSIONAL RECORD — SENATE April 13, 2016 the interests of the international com- poses also means working to ensure allies and our enemies need to see a munity that Iran stick to its commit- that the money flowing into Iran now united and functional American front- ments under the JCPOA. I thank Sen- that nuclear sanctions are lifted is not line. And in order to hold Iran account- ator COONS for making those points. used to further destabilize the region able, we have to have these positions As he noted, I also stress the need to and spread terrorism. We must monitor filled. It is that simple. enforce Iran’s commitments under the the flow of terrorist financing and use The United States needs to limit Joint Comprehensive Plan of Action every tool available to punish bad ac- Iran’s destabilizing activity in the re- and also to confirm nominees for posi- tors who seek to do harm. But it is also gion. We need to give our allies in the tions vital to national security and to important for Iran to understand that region the support they need. As the support our allies in the Mid East. Pre- we will not hesitate to snap back sanc- Administration negotiates a new venting Iran from obtaining a nuclear tions if Iran fails to comply its com- Memorandum of Understanding for se- weapon is one of the most important mitments under the JCPOA. Sanctions curity assistance to Israel, I, along objectives of our national security pol- were effective at getting Iran to the with many of my colleagues, support a icy. table and they will continue to be a substantially enhanced agreement to I strongly advocated for and sup- tool that allows the United States and help provide Israel the resources it re- ported the economic sanctions that our allies to minimize the threat posed quires to defend itself and preserve its brought Iran to the negotiating table by Iran. qualitative military edge. Israel re- over the last few years. Those sanc- We must also continue to work with mains America’s strongest ally in this tions resulted in a nuclear non- our partners, including the United troubled region. A strong and secure proliferation agreement between Iran Kingdom, France, Germany, the Euro- Israel remains a central pillar of our and the United States, the United pean Union, and Russia to ensure that national strategy to achieve peace and Kingdom, France, Germany, Russia, the agreement is strictly enforced. Iran stability in the Middle East. and China that was implemented in must know that if it violates the rules, Those of us who supported the Iran January. But our work is clearly not the response will be certain, swift, and nuclear agreement have a special re- done. As we have seen over the past few severe. As Senator COONS mentioned, sponsibility to ensure that it works. In months, Iran continues to conduct bal- when the agreement was reached, its fact, this whole Senate has a responsi- listic missile tests and continues to success is ultimately dependent upon bility, regardless of whether Members support terrorism and threatening re- every country keeping its word to keep supported it or not. It is in the best in- gional stability. Now we are reading Iran from violating its commitments terest of our country. We cannot shirk news reports, as I noted, that Russia is under the agreement. We need the sup- from our duties and we must be vigi- selling a long-range surface-to-air mis- port of the international community to lant. We owe it to the American people, sile defense system to Iran. ensure that Iran sticks to its commit- to Israel, and to our allies. All of this means we have to remain ments. As we just heard from Senator Our mission here is clear: We must vigilant in our monitoring and in our COONS, Russia’s actions are harmful to protect our own citizens by exercising verification. That is why I sponsored this effort. our authority to enact strong legisla- the Iran Policy Oversight Act and en- Russia reportedly plans to sell ad- tion to ensure that Iran does not cheat courage my colleagues to pass it. The vanced aircraft and missile systems to on its international commitments. Be- bill does three important things to Iran and may begin making these ship- cause we know from experience that hold Iran accountable. First, it allows ments in the next few days. These Iran will test the international com- Congress to more quickly impose eco- weapons could be used to destabilize munity, we must be ready to respond nomic sanctions against Iran’s ter- the region and threaten the security of when it does. We must also minimize rorist activity. Second, the bill ex- our allies, especially Israel. Russia also the threat Iran poses to our citizens pands military aid to Israel. Third, the continues to block the U.N. Security and the world by doing everything in bill ensures that agencies charged with Council from taking action in response our power to stop Iran from funding monitoring Iran have the resources to Iran’s recent illegal missile tests. the world’s terrorists. they need. These actions can only embolden Iran It is critical that we take additional We also have to reauthorize the Iran and encourage Iran to disregard its steps to stop countries like Iran from Sanctions Act in order to ensure that commitments. Russia, as a JCPOA funding terrorism and destabilizing the we can hold Iran accountable if it vio- country, a world power, and a member world. Stopping Iran’s support of ter- lates the deal. The Iran Sanctions Act of the U.N. Security Council, needs to rorism protects us here at home, but it is up for reauthorization this December be convinced that it is in the best in- also helps millions of refugees fleeing and has been a pivotal component of terest of the international community Syria, the children that are starving in U.S. sanctions against Iran’s energy that Iran sticks to its commitments cities like Madaya, and the families sector, and its application has been under the JCPOA. fleeing mortar fire in Yemen. Our val- steadily expanded to other Iranian in- We also need to make sure that we ues of justice, democracy, and freedom dustries. Given Iran’s history, we can fill vacant frontline positions that for all demand nothing less. anticipate that it will continue to test hamper our ability to protect our coun- I yield the floor. the boundaries of international agree- try and work with our allies. While I Mr. COONS. Mr. President, I want to ments, and we have to be ready to re- was pleased that the Senate Banking thank Senators KLOBUCHAR and spond when it does so. Committee voted 14–8 last month to ap- BLUMENTHAL for joining me in this col- In summary, we must hold Iran ac- prove the nomination of Adam Szubin loquy, and I yield the floor. countable every step of the way. Im- as undersecretary for terrorism and fi- The PRESIDING OFFICER (Mr. posing harsh sanctions, as the adminis- nancial intelligence at the Department TILLIS). The majority leader. tration must do, against those respon- of Treasury, the fact remains that it UNANIMOUS CONSENT AGREEMENT—S. 2012 sible for Iran’s ballistic missile pro- should not have taken 325 days for the Mr. MCCONNELL. Mr. President, I gram, which threatened regional and committee to vote. This position is es- ask unanimous consent that at a time global security, is, of course, a good sential to national security as it tracks to be determined by the majority lead- start, but we must continue to sanc- the source of terrorist funding around er, in consultation with the Demo- tion Iran’s ballistic missile program as the world and should be filled as soon cratic leader, the Senate proceed to the well as its sponsorship of terrorism and as possible. consideration of S. 2012 and that it be abuse of human rights. We cannot delay confirmations if the in order to call up the following Any person or business involved in reasoning has nothing to do with pol- amendments en bloc, and that the helping Iran obtain illicit weapons icy and everything to do with politics. amendments be called up and reported should be banned from doing business Senator SHAHEEN came to the floor sev- by number: amendments Nos. 3276, with the United States, have their as- eral times to call for swift action on Cantwell, striking certain provisions; sets and financial operations imme- his confirmation, and I join her to urge 3302, as modified, Klobuchar, modifying diately frozen, and have their travel re- my Senate colleagues to vote on his a provision; 3055, Flake; 3050, Flake; stricted. Minimizing the threat Iran confirmation as soon as possible. Our 3237, Hatch; 3308, Murkowski; 3286, as

VerDate Sep 11 2014 04:56 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.055 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2017 modified, Heller; 3075, Vitter; 3168, Mr. REID. Mr. President, I am very are today with an agreement to move Portman-Shaheen; 3292, as modified, happy we are at this point. This legis- forward to final passage on a very sig- Shaheen; 3155, Heinrich; 3270, Manchin; lation has taken 3 years. It has been nificant energy bill for the country. 3313, as modified, Cantwell; 3214, Cant- hard to get to where we are today. We So I thank Senator CANTWELL, and I well; 3266, Vitter; 3310, Sullivan; 3317, can go back to a lot of hurdles that we would also like to recognize her staff, Heinrich; 3265, as modified, Vitter; 3012, have had to jump to get to where we led by Angela Becker-Dippmann, and Kaine; 3290, Alexander-Merkley; 3004, are now, and we can affix blame to a my energy team, led by Colin Hayes, Gillibrand-Cassidy; 3233, as modified, lot of different people, but there is no who have put in yeoman’s work to get Warner; 3239, Thune; 3221, Udall- need to do that today. We are where we us to this point. Portman; 3203, Coons; 3309, as modified, are, and we should accept that with I would like to think we could kick Portman; 3229, Flake; 3251, Inhofe. glee. this whole thing out tonight, but we I ask consent that immediately fol- I am gratified we are able to reach are not going to be doing that. We do, lowing the reporting of the amend- this agreement, and that is an under- however, have the glidepath forward, ments, it be in order for the Senate to statement. It is an important piece of and I thank not only those on our re- vote on these amendments en bloc, as legislation. Is it perfect? Of course not. spective teams but also those here on well as the Murkowski amendment No. But nothing we do legislatively is. We the floor who have helped us with this 2963, with no intervening action or de- are trying to work things out through as well. bate; further, that it be in order to call compromise. This is a good oppor- With that, Mr. President, I yield the up the following amendments en bloc tunity for us to show we can do that. floor. and that the amendments be called up We have tried to move this legisla- I suggest the absence of a quorum. and reported by number: amendments tion for 3 years, and I really appreciate The PRESIDING OFFICER. The Nos. 3234, as modified, Murkowski- the patience of JEANNE SHAHEEN from clerk will call the roll. Cantwell; 3202, Isakson-Bennet; 3175, New Hampshire. She has worked on The legislative clerk proceeded to Burr; 3210, Lankford; 3311, Boozman; this and has been so disappointed so call the roll. 3312, Udall; 3787, Paul; that there be 2 many times. I hope she feels as good as Mr. HOEVEN. Mr. President, I ask hours of debate, equally divided in the the rest of us. unanimous consent that the order for usual form, on the amendments con- I also want to thank the ranking the quorum call be rescinded. currently; that no further amendments member of the Energy Committee. She The PRESIDING OFFICER. Without to these amendments be in order; and has had other responsibilities before, objection, it is so ordered. that following the use or yielding back but those of us who have worked with CONGRATULATING THE UNIVERSITY OF NORTH of that time, the Senate vote on the Senator CANTWELL know how per- DAKOTA MEN’S HOCKEY TEAM amendments in the order listed, with a sistent she can be. She is tireless in ad- Mr. HOEVEN. Mr. President, I rise to 60-affirmative-vote threshold for adop- vocating for what she thinks is appro- talk about the University of North Da- tion of each of the amendments with priate. So I appreciate what she has kota men’s hockey team, which won a no intervening action or debate; fur- done in the last few days to get us to national championship last Saturday. ther, that following the disposition of this point. Undoubtedly, like everybody else, the the Paul amendment No. 3787, the Sen- I am grateful that we are done with Presiding Officer was glued to his TV ate vote on the Cassidy amendment No. this and that we are going to finish set watching the exciting game be- 2954, with a 60-vote-affirmative thresh- this bill. We will have to work it out tween the University of North Dakota old for adoption; that following the dis- timewise. It will not be the easiest men’s hockey team and Quinnipiac. position of the Cassidy amendment, the thing, but we should be able to do that. The UND hockey team prevailed 5 to 1 substitute amendment No. 2953, as We have other things we need to do. We in an exciting game in front of about amended, be agreed to, and that not- have an appropriations bill coming up. 20,000 fans. It was just fantastic. withstanding rule XXII, the Senate We are going to finish with the FAA, I So I am here to read a resolution into vote on the motion to invoke cloture, hope, pretty soon. I hope nobody is the record from the United States Sen- upon reconsideration, on S. 2012, as going to be demanding a lot of amended; that if cloture is invoked, all ate congratulating the University of postcloture time on that. postcloture time be yielded back, the North Dakota men’s hockey team for So I would hope, Mr. President, we winning the 2016 National Collegiate bill be read a third time, and the Sen- can use this as a pattern for what we ate vote on passage of S. 2012, as Athletic Association’s Division I Men’s can do in the future to get things done amended; finally, that budget points of Hockey Championship. for the American people. order not be barred by virtue of this Whereas the University of North Dakota The PRESIDING OFFICER. The Sen- (referred to in this preamble as ‘‘UND’’) agreement. ator from Alaska. The PRESIDING OFFICER. To clar- Men’s Hockey Team won the 2016 National Ms. MURKOWSKI. Mr. President, I Collegiate Athletic Association (referred to ify, amendments Nos. 3055 by Flake would like to acknowledge and thank in this preamble as the ‘‘NCAA’’) Division I and 3229 by Flake. the majority leader and the minority Men’s Hockey Championship Game in The majority leader. Tampa, Florida, on April 9, 2016, in a hard Mr. MCCONNELL. Mr. President, I leader for their cooperation and their help in getting us here and specifically fought victory over the Quinnipiac Univer- want to take a moment here to con- sity Bobcats of Connecticut by a score of 5 to gratulate Chairman MURKOWSKI for recognize the good work of Senator 1; what could best be described as a long CANTWELL. You do not get to a point in Whereas the UND men’s hockey team and march. Her persistence and determina- this body with significant legislation if Coach Brad Berry had an incredible 2015–16 tion to pull this very important bill to- you don’t have a willing partner on the season and became the first head coach to gether with a lot of Senators with dif- other side. win the National Championship in his first ferent views at points along the way We have not taken up energy reform season as head coach; or any real energy legislation in over 8 Whereas UND has won its eighth NCAA has been a really extraordinary accom- Frozen Four Championship— plishment and, frankly, has been fun to years now, and in those intervening 8 Second only to Michigan. Michigan watch because she certainly knows how years, much has happened in the en- has won nine. We hope to remedy that to manage a bill, how to get to a con- ergy space. Our policies as they relate clusion, and she did that in an extraor- to energy, whether it is LNG exports or next year and get our ninth, and then dinary fashion. renewables, haven’t advanced. And the pass by the University of Michigan— I also want to thank Senator CANT- commitment that Senator CANTWELL ending the season with a 34–6-4 record; WELL, her ranking member. The two of and I made to one another over a year Whereas Coach Berry and his staff have in- them worked well together, and I think ago to try to move legislation—not stilled character and perseverance in the just to move messages but to move leg- UND players and have done an outstanding we are on the cusp here of something job with the UND hockey program; very important and very much worth islation—was a commitment that held Whereas the leadership of Interim Presi- doing for the American people. us through a lot of hearings, a lot of dent Ed Schafer and Athletic Director Brian The PRESIDING OFFICER. The mi- discussion, a lot of debate going back Faison has helped further both academic and nority leader. and forth, but to the point where we athletic excellence at UND;

VerDate Sep 11 2014 01:29 Apr 15, 2016 Jkt 049060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\RECORD16\APR2016\S13AP6.REC S13AP6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S2018 CONGRESSIONAL RECORD — SENATE April 13, 2016 Whereas thousands of UND fans attended The PRESIDING OFFICER. Without polluters say climate change is real the championship game, reflecting the tre- objection, it is so ordered. and they say that a carbon fee makes mendous fan base of the University of North CLIMATE CHANGE sense, but they put their entire mas- Dakota that showcases the spirit and dedica- sive lobbying and political operations tion of UND hockey fans, which has helped Mr. WHITEHOUSE. Mr. President, propel the team’s success; and this is the 133rd climate speech that I to work to prevent Congress from actu- Whereas the 2016 NCAA Frozen Four Divi- have delivered, and it has been an ally acknowledging that climate sion I Hockey Championship was a victory amazing week. On Saturday, the New change is real or from working on leg- not only for the UND men’s hockey team, York Times posted its cover story islation to establish a carbon fee—even but also for the entire State of North Da- about dying coral reefs in our oceans. a carbon fee that would dramatically kota— On Sunday, the cover story in the reduce the corporate income tax rate. We take great pride in our hockey Providence Journal was about drown- For example, USA TODAY reported and our tremendous UND hockey ing salt marshes in Rhode Island. Both this week that oil titan Chevron has team— are the handiwork of climate change. pumped at least $1 million into the Now, therefore, be it Even more amazing, listen to what a super PAC set up to keep the Senate in Resolved, That the Senate— Koch brothers operative said last week: the hands of the climate denial party. (1) congratulates the University of North ‘‘Charles has said the climate is chang- I don’t know of a penny that Chevron Dakota men’s hockey team, the 2016 Na- ing. So, the climate is changing.’’ That has put into supporting climate action tional Collegiate Athletic Association Divi- sion I Men’s Hockey champions; was Sheryl Corrigan speaking, of Koch in Congress. Say one thing; do another. (2) commends the University of North Da- Industries, the massive fuel conglom- A new report from the nonprofit re- kota players, coaches, and staff for their erate led by Charles and David Koch, search organization Influence Map hard work and dedication; and and the Charles was Charles Koch. shows that two other major oil compa- (3) recognizes the students, alumni, and She went on: ‘‘I think he’s also said, nies, along with three of their industry loyal fans for supporting the UND men’s and we believe that humans have a trade groups, spend as much as $115 hockey team on their successful quest to part in that.’’ million a year to lobby against the capture another NCAA National Champion- Climate change is real, it seems, and very climate policies they publicly ship trophy for the University of North Da- manmade if even they say so. kota. claim to support. Say one thing, do an- What this really means is that the other. We are very proud of our university, denial shtick has collapsed entirely. of the leadership there at the univer- This chart shows the streams of We saw this coming with the oil and money from ExxonMobil and Royal sity, of the coaches, the staff, and gas CEOs. In the runup to the Paris cli- these tremendous student athletes. Dutch Shell—whose CEO, by the way, mate summit, the chief executive offi- signed the oil-and-gas Paris declara- They conducted themselves so well cers of 10 of the world’s largest oil and both on and off the ice. They had an tion—as well as the American Petro- gas companies declared their collective leum Institute, the Western States Pe- absolutely impressive run through the support for a strong international cli- postseason. troleum Association, and the Aus- mate change agreement. tralian Petroleum Production & Explo- I think Quinnipiac only lost about ‘‘We are committed to playing our three games all year, so they had an in- ration Association. That is Shell and part,’’ they professed. ‘‘Over the com- that is Exxon. credible record. They were rated No. 1 ing years we will collectively strength- This money deluge—total spent, $114 in the country. Our hockey team came en our actions and investments to con- million—includes advertising and pub- in and played a fantastic game. It was tribute to reducing the GHG intensity lic relations, direct lobbying here in an exciting game to watch, but on both of the global energy mix.’’ Congress and at State houses, and po- sides tremendous athletes. Congratula- So if the oil and gas CEOs will not do litical contributions and election- tions to Quinnipiac on a great year and it and now even the Koch brothers will eering. Don’t think any of this goes to on an outstanding program. not do it, it looks like denying climate support a solution to climate change. We played Denver in the semifinals. change is no longer acceptable—even to They also had a great year. Boston Col- those who most cause it. What this chart doesn’t show is the lege was in the other bracket. They As we know, Big Coal took another dark money these corporate behemoths were outstanding hockey programs. It path, denying to the end, and for many funnel through phony-baloney front was a great hockey tournament. There players in the coal industry it really is groups, often untraceable, to under- was a fantastic fan base from all the the end. The industry is being dev- mine public understanding of the cli- schools. Again, back to the quality of astated by market forces and is in pre- mate crisis and to undermine action in the athletes, the student athletes who cipitous decline. As I noted in my last Congress. Front groups have been testi- were competing—great character. They climate speech, the Wall Street Jour- fying this very week in the Environ- handled themselves well and had great nal reported that the ‘‘war on coal’’ ment and Public Works Committee sportsmanship. It is exactly the kind of was a war on coal by the natural gas against climate action. Was there any thing we like to see not only for our industry, and the natural gas industry pushback from Charles Koch or from State but the other States that were has won. the oil CEOs? No. Nor does this chart there and the teams that were rep- Appalachian Power president and show the undisclosed fossil fuel mil- resenting. CEO Charles Patton told a meeting of lions dumped into our elections thanks It was a great tournament all around. energy executives last fall that coal to the regrettable Citizens United Su- Also, thanks and congratulations to was losing a long-term contest with preme Court decision. everyone in Tampa for hosting the natural gas and wind power. Today we Academic researchers like Robert tournament and doing an absolutely learned America’s largest coal com- Brulle at Drexel University, Riley fantastic job. We had thousands of fans pany, Peabody Energy, filed for bank- Dunlap at Oklahoma State University, outside the arena after the game savor- ruptcy, as Arch Coal did in January. Justin Farrell at Yale University, and ing the victory and having a great In recent years, one report found 26 Michael Mann at Penn State Univer- time. The city of Tampa and the arena U.S. coal companies have gone into sity, among many others, have studied could not have been more hospitable, bankruptcy. Some of the most notable and are exposing the precise dimen- so we want to say thank you and ex- bankruptcies include James River Coal sions and functions of the corporate press our appreciation. Again, con- and Patriot Coal Corporation, which climate denial machine. It is quite a gratulations to a great team on a great had combined assets that totaled $4.6 piece of machinery. Investigative writ- year. billion. ers like Naomi Oreskes, Erik Conway, I yield the floor. Denial was not a winning strategy Naomi Klein, and Steve Coll are also The PRESIDING OFFICER. The Sen- for the coal industry. If outright denial on the hunt. ator from Rhode Island. of manmade climate change is no Jane Mayer of The New Yorker has Mr. WHITEHOUSE. Mr. President, I longer a viable strategy, what is left? put out an important piece of legisla- ask unanimous consent to speak for up It is an old classic: Dissembling—say- tion—her new, aptly titled book ‘‘Dark to 20 minutes as in morning business. ing one thing and doing another. The Money,’’ about the secret but massive

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.072 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2019 influence-buying of rightwing billion- Chamber of Commerce, which is prob- MORNING BUSINESS aires led by the infamous Koch broth- ably more accurately defined now as ers. Mayer’s book catalogs the rise and the chamber of carbon, the American CRIME VICTIMS’ RIGHTS WEEK the expansion into a vast array of front Petroleum Institute, even the National AND THE JUSTICE FOR ALL RE- groups of this operation and the role in Association of Manufacturers, the Na- AUTHORIZATION ACT it of two of America’s more shameless tional Federation of Independent Busi- villains Charles and David Koch. ness, and the Farm Bureau—Big Oil Mr. LEAHY. Mr. President, every If you want a little more history on year in April, we pause to observe Na- and the Koch brothers have locked this unholy alliance, you can read tional Crime Victims’ Rights Week, them all down. It is a wall of opposi- ‘‘Poison Tea,’’ a new book out by Jeff and this year marks its 35th anniver- Nesbit. Mr. Nesbit was a Republican tion among those groups to any sen- sary. Since 1981, in communities across who worked in the Bush 41 White sible conversation about carbon pollu- the Nation, people have observed this House. He was there at the creation. He tion. week with candlelight vigils and public has reviewed an enormous array of doc- I have spoken before about the well- rallies to renew our commitment to uments and he has written an amazing defended castle of denial constructed crime victims and their families. expose´. by the big polluters to attack and har- Vermonters have always banded to- The Koch brothers’ say one thing, do ass their opponents and to keep out the gether to help crime victims and their another strategy is every bit as bad as unwelcome truths of climate science. families. That is just who we are, and the say one thing, do another strategy Built as it is on a foundation of lies, I am proud of that long tradition. It is of their oil and gas allies. Remember, vitally important that we continue to here is what they now say: the denial castle is bound to crumble. We have seen cracks begin to appear in recognize the needs of these survivors Charles has said the climate is changing. and work together to promote victims’ the edifice. This revelation on the part So, the climate is changing. . . . I think he’s rights and services. also said, and we believe that humans have a of the Koch brothers that they finally One of our most important tools to part in that. see that climate change is real and do so is the Victims of Crime Act of Again, that is the Koch Industries’ manmade is another collapse. It is a 1984 and the crime victims fund that it rep. big collapse. But don’t believe they are created. I strongly supported passage Here is what they still do: They surrendering their position entirely. of this critical legislation, which has threaten that Republicans who support What we see here in Congress is that been the principal means through a carbon tax or climate regulations they are still fighting as hard as ever. which the Federal Government has would ‘‘be at a severe disadvantage in the Republican nomination process. They are just conceding some of their supported essential services for crime . . . We would absolutely make that a more extreme positions because they victims and their families for more crucial issue.’’ know some of their nonsense is now than three decades. It is time to review That is the President of Americans simply beyond the pale and is not ac- and renew that law, and I have been for Prosperity, the juggernaut of the ceptable. This is just a strategic re- working closely with Senator GRASS- Koch brothers-backed political net- treat from a preposterous stance. LEY in that effort. Next week, the Sen- work, which has promised to spend, be- ate Judiciary Committee will hold a Every major scientific society in hearing to assess the crime victims lieve it or not, $750 million just in this America agrees on the cause and ur- 2016 election. What on Earth could they fund and discuss how to ensure that it gency of climate change, and, I think, possibly want to spend $750 million on? continues to meet the changing needs Americans for Prosperity’s president so do every one of our major State uni- of victims. also takes credit for the ‘‘political versities—certainly every one I have The Justice for All Act is another peril’’ they are proud to have created looked at—all of our National Labs, important law that promotes victims’ for Republicans who cross them on cli- NASA, NOAA, America’s national secu- rights. I am working with Senator COR- mate change. This threat is not subtle. rity and intelligence community, and NYN to reauthorize this vital legisla- Step out of line and here come the at- all the corporations that signed the tion. Our bill will further strengthen tack ads and the primary challengers American Business Act on Climate the rights of crime victims; improve all funded by the deep pockets of the Pledge, which includes major corpora- the use of forensic evidence, including fossil fuel industry, powered up by Citi- tions from a lot of our Republican col- rape kits, to provide justice as swiftly zens United. leagues’ home States. That is a lot of as possible; and protect the innocent by improving access to post-conviction The result? The issue of climate information to deny and ignore, and DNA testing. change is completely absent from the that is an awful lot of legitimate peo- Republican campaigns. They really The Justice for All Reauthorization ple to claim our part of the hoax. don’t want to talk about it. Every Re- Act builds on the work I began in 2000, publican candidate has gone into si- Here it comes—the whole structure when I introduced the Innocence Pro- lence or outright denial. Their silence of deceit and denial erected by the fos- tection Act, which sought to ensure or outright denial is exactly paralleled sil fuel interest is creaking and crum- that defendants in the most serious on the floor of this body. bling. More than a dozen attorneys cases receive competent representation Just this week, a bipartisan effort to general are starting to poke and probe. and, where appropriate, access to post- extend tax incentives for renewable en- My Republican colleagues may want to conviction DNA testing. I served ergy fell apart after it was reported consider getting out of the way of this proudly as a prosecutor in Vermont for that the Kochs and an array of their because the day is coming—and soon— 8 years, and I believe that we must find those responsible for crimes and pros- front groups told the Senate majority when the whole denier castle collapses, ecute them. But we must also ensure to cease and desist from allowing an and that day cannot come too soon. extension of renewable tax credits the that our system does not wrongly con- majority had already agreed to. I yield the floor. vict those who are innocent. DNA test- So down came the FAA bill com- I suggest the absence of a quorum. ing is often necessary to prove the in- promise. Of course, the Big Oil tax nocence of individuals in cases where credits have been baked into the Tax The PRESIDING OFFICER. The the system got it grievously wrong. Code, and there is no contesting them clerk will call the roll. ‘‘Innocent until proven guilty’’ is a that is allowed. We now have a field in The senior assistant legislative clerk hallmark of our criminal justice sys- which renewable tax credits that were proceeded to call the roll. tem, but when a person who has been agreed to are not in place, but Big Oil Mr. INHOFE. Mr. President, I ask found guilty is truly innocent, we can- protects its own tax breaks as the fos- not stand idly by. We must act to exon- unanimous consent that the order for sil fuel industry attacks the renewable erate that person. the quorum call be rescinded. tax breaks. The Innocence Protection Act passed Look at what fossil fuel influence has The PRESIDING OFFICER. Without as part of the original Justice for All done to the business lobby groups. The objection, it is so ordered. Act in 2004, and since that time, at

VerDate Sep 11 2014 04:56 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.073 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2020 CONGRESSIONAL RECORD — SENATE April 13, 2016 least 26 people have been exonerated 70TH ANNIVERSARY OF THE DE- NAS NSE has worked to promote the through DNA testing funded by the leg- PARTMENT OF VETERANS AF- welfare of its members and increase the islation. In North Carolina, for exam- FAIRS VOLUNTARY SERVICE efficiency of work at Navy yards and ple, a man was released after spending Mrs. MCCASKILL. Mr. President, I naval stations. 37 years in prison for a double murder ask the Senate to join me today in rec- The members of NAS NSE encompass he did not commit. In Virginia, a man ognizing, celebrating, and highlighting diverse trades, including shop super- was released after spending 27 years in the significance of the 70th anniversary intendents and senior managers from prison for violent rapes he did not com- of the Department of Veterans Affairs engineering, project management, fi- mit. And in New Orleans, a man was re- Voluntary Service, VAVS, this year. nancial, business office, facilities, base leased after spending 20 years in a This program is one of the largest cen- operations, and resource management. State mental health hospital for an ab- tralized volunteer groups in the Fed- Despite their varied backgrounds, duction and rape he did not commit. eral Government with approximately these professionals possess a common We must continue funding this critical 75,000 volunteers providing more than ability to lead, educate, and manage, post-conviction DNA testing since we 9.7 million hours of service for our Na- as well as a true dedication to the pro- tection of our country. In particular, know our system does not always get it tion’s veterans during their hospital the NAS NSE chapter at Portsmouth right. It is an outrage when an inno- stay. Naval Shipyard is committed to ensur- cent person is wrongly punished, and It has been 70 years since this pro- ing the Navy’s submarines are main- this injustice is compounded when the gram started in 1946. Since then, the tained, repaired, and modernized to the true perpetrator remains on the volunteers have donated more than highest degree in order to fulfill the streets, able to commit more crimes. 782.2 million hours of service to support our veterans. More than 7,400 national Navy’s mission of winning wars, deter- We are all less safe when the system ring aggression, and maintaining free- gets it wrong. and community organizations support the volunteers, including support by a dom of the seas. As we begin this year’s Crime Vic- As threats facing our Nation increase national advisory committee, com- and become more complex, the Navy’s tims’ Rights Week, I look forward to prising 55 major veteran, civic, and ability to project power and uniquely working with Senators on both sides of service organizations who work to- provide worldwide presence plays an in- the aisle to update and reauthorize gether to improve volunteerism in VA. creasingly critical role in protecting both the Victims of Crime Act and the Keeping up with the VA’s fast-paced our national security. As such, it is Justice for All Reauthorization Act. efforts to expand access to care for vet- critical that our naval fleet is properly Survivors and their families deserve eran patients into the community, this maintained so it can be positioned nothing less. program, too, has strived to continue around the world where and when we their efforts to assist our veterans. The need it. NAS NSE members play a vital f volunteers serve in many different role in ensuring that our ships are ways, including supplementing staff in ready to deploy on schedule and in OBSERVING WORLD HEMOPHILIA hospital wards, community living cen- good condition. DAY ters, outpatient clinics, community- Over the past 100 conventions, NAS based volunteer programs, respite care Mr. CASSIDY. Mr. President, today I NSE has worked on many important programs, end-of-life care programs, issues, including many shipyard safety wish to celebrate April 17 as World He- creative arts, adaptive sports, vet cen- mophilia Day where we recognize the and leadership issues. This year, their ters, veterans homes, national ceme- efforts continue to focus on empow- serious challenges of the 20,000 Ameri- teries, and veterans benefits offices. cans who suffer each day from hemo- ering shipyard workers to be leaders, Just in 2015, the volunteers contrib- helping new employees to efficiently philia and where we raise awareness to uted a total of 10.8 million hours of fight for a cure. achieve proficiency in necessary skills, service. The current monetary value of and developing innovation in the ship- Hemophilia is a rare genetic disorder those hours from all of the volunteers yard. Through these and many other that prevents an individual’s ability to is more than $250 million. Additionally, initiatives aimed at increasing the form a proper blood clot. Patients with the volunteers and their organizations safety and abilities of its members, hemophilia need immediate access to contributed more than $105 million in NAS NSE has improved both the lives care and lifesaving therapies. There is gifts and donations in 2015, for a com- of shipyard workers and the efficiency currently an enormous discrepancy in bined total value of $355.5 million in of our shipyards. the level of care available to patients volunteer service and giving. I commend the organization for its with hemophilia. While some are diag- While the tangible value of these vol- commitment to passing on a strong nosed very young and have medical unteer activities is impressive, it is im- and healthy program of naval mainte- care throughout their life, most do not possible to calculate all of the compas- nance, so that future generations can or do not have the access to diagnosis sionate care and efforts that the volun- benefit from a Navy ready to defend and treatment they need. As a physi- teers provide for our veterans. These our freedoms. It is an honor for me to volunteers are a priceless asset for the cian, I have treated patients with he- pay tribute to the National Association Department of Veterans Affairs. mophilia, and I know how debilitating of Superintendents of U.S. Naval Shore I ask that the Senate join me in cele- the health problems endured by those Establishments as they celebrate 100 brating the Department of Veterans living with hemophilia can be. If left years of meeting to work on behalf of Affairs Voluntary Service on 70 years untreated, a bleeding episode can lead our shipyard workers and our naval of outstanding service to our Nation’s to terrible pain, chronic joint and mus- shipyards. veterans and wishing them the best in Mr. KING. Mr. President, today I join cle damage, serious injury, or even continuing to serve. death. my esteemed colleague, Senator SUSAN f COLLINS, in recognizing the 100th Con- I am hopeful that through attention, vention of the National Association of diligence, and raised awareness we RECOGNIZING THE NATIONAL AS- Superintendents of the U.S. Naval might prevent more complications, un- SOCIATION OF SUPERINTEND- Shore Establishments, NAS NSE. This necessary procedures, and disabilities ENTS OF U.S. NAVAL SHORE ES- association works diligently to imple- so often caused by these diseases. As TABLISHMENTS ment a strong and healthy program of we increase our understanding and Ms. COLLINS. Mr. President, I wish naval maintenance and modernization awareness of hemophilia, we also in- to recognize the contributions of the at our naval shipyards, so future gen- crease our ability to find treatments National Association of Superintend- erations can benefit from a Navy that and eventually, a cure for this disease. ents of U.S. Naval Shore Establish- is always ready to defend our freedom. I’m proud to stand today in support of ments, NAS NSE, on the occasion of its I specifically wish to recognize the all Americans with hemophilia on 100th national convention. Since its work of the NAS NSE chapter at the World Hemophilia Day. founding near the time of World War I, Portsmouth Naval Shipyard in Kittery,

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.059 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2021 ME. Maintaining the structural and other festivities. Celebrations also in- by both Republicans and Democrats on functional integrity of our Navy’s sub- clude performing seva, or selfless serv- both sides of the Capitol for her ency- marines enables the United States to ice, such as providing free meals to clopedic knowledge of the appropria- consistently serve and protect our Na- others and volunteering for service tions and budget process and its lexi- tion’s interests around the globe, and projects in their communities. con, her responsiveness to committee the NAS NSE of Portsmouth Naval I am proud to represent the Sikh and Member staff, and her dedication Shipyard serves as a paragon of effi- community of Pennsylvania, and I wish to the nonpartisan role that CBO plays cient, quality service on behalf of our the Sikh American community a joy- in the successful enactment of appro- Navy’s ships and servicemen. Ports- ous Vaisakhi. priations bills year after year. Janet mouth has earned a reputation as the Thank you. has been a valuable asset to eight of Navy’s Center of Excellence for attack f the nine CBO directors. submarine maintenance, which is a re- Janet came to CBO in the waning HONORING OFFICER NATHAN flection of the hard work and deter- days of 1983, fairly soon after grad- TAYLOR mination of the association to manage uating from Wellesley College. She and protect these American treasures Mrs. BOXER. Mr. President, I ask my joined the scorekeeping unit in the for national security. Through their colleagues to join me in honoring the budget analysis division, which has the consistent dedication and skillful life of California Highway Patrol Offi- responsibility of tracking and scoring work, the men and women of Ports- cer Nathan Daniel Taylor, a beloved the appropriations bills at each legisla- mouth Naval Shipyard play a vital role husband, father, brother, son, and tive stage as well as tracking manda- in furthering the esteemed tradition of grandson who tragically lost his life in tory spending in authorizing legisla- excellence within the NAS NSE. the line of duty on March 13, 2016. tion. Janet was hired to assist in main- Building on over a century of work to Officer Taylor was born on January taining the database used by the divi- promote our Navy’s strength, this 17, 1981, in Baltimore, MD. His family sion. Janet has worked to keep the year’s historic convention focuses on later moved to Loomis, CA, where Offi- database in sync with the many the national initiative of improving cer Taylor was an active member of the changes in the budget process, inte- productive capacity throughout the as- Boy Scouts, earning the highest rank grating new categories and methods so sociation. This year’s convention will of Eagle Scout. After graduating from that CBO could accurately tabulate help to further streamline systems, op- Del Oro High School, Officer Taylor at- and report on Federal spending. Janet timize production, and enhance safety tended Brigham Young University on a started as the scorekeeper for the de- across all the NAS NSE’s operations. full academic scholarship and received fense and military construction appro- Discussing and implementing improved a bachelor’s degree in history. He spent priation bills. Over the course of her strategies will help to ensure the con- 2 years in Venezuela serving as a career, she also handled the Transpor- tinued effectiveness of Portsmouth church missionary before joining the tation, Veterans Affairs, Housing and Naval Shipyard and shipyards all California Highway Patrol, continuing Urban Development and Agriculture, across the country. his commitment to helping those in and legislative branch appropriations I congratulate the NAS NSE on their need. Officer Taylor completed cadet bills, in the process gaining a vast 100th convention, and I thank them for training in 2010 and was assigned to the array of knowledge of a substantial their dedication and hard work on be- San Jose area office before transferring part of the Federal budget. half of our shipyards. I wish them con- to the Gold Run area in 2013. In 2000, Janet made the transition to tinued success in the future as the as- Colleagues fondly recalled Officer unit chief. For the past 16 years, she sociation continues to ensure the safe- Taylor’s tremendous service to the has successfully overseen the analysis ty of our Nation for generations to public, offering examples of his self- of the President’s budget request for come. lessness and compassion. ‘‘Officer Tay- each of the appropriation bills, the f lor was the most genuine, honest offi- scoring of the appropriation bills at cer I knew,’’ said CHP Officer Josh each stage, the production and review OBSERVING THE HOLIDAY OF Webb. ‘‘He would literally give the of baselines, and the writing and co- VAISAKHI FOR THE SIKH COM- shirt off his back for somebody.’’ His ordination of CBO’s annual report on MUNITY ability to go above and beyond the call unauthorized appropriations and expir- Mr. TOOMEY. Mr. President, I wish of duty also earned the appreciation ing authorizations. Through all of to honor and celebrate the holiday of and affection of the community he these tasks, she has been the steady Vaisakhi, a very important day for served. In fact, he received so many hand of the scorekeeping unit, gen- those who practice Sikhism. thank-you letters from the public that erous with her time and knowledge, The world’s fifth largest religion, his colleagues joked that he must have and vital to the smooth functioning of Sikhism was founded over five cen- written them himself. the budget analysis division. Senate turies ago and was introduced to the Officer Taylor truly embodied the staff and colleagues have come to de- United States in the 19th century. very best of law enforcement, and his pend on her for her ready expertise, There are over 500,000 Sikh adherents courageous service will be forever re- diligence, and attention to detail. in the United States. membered. On behalf of the people of Janet is also famous for sharing her Pennsylvania is the home of many California, whom Officer Taylor served prodigious baking talent. Every year proud Sikh Americans, who contribute so bravely, I extend my gratitude and she has coordinated the provision of and make a positive impact in their deepest sympathies to his wife, Becky; cookies during the conclusion of the workplaces, communities, and to our sons Preston, Wyatt, and Joshua; par- December baseline, which often coin- country. They are part of the rich cul- ents, Jeff and Linda; brothers Karl, cided with the final days of a congres- tural fabric of the Commonwealth. Collin, and Steven; sister, Sarah; and sional session. The appearance of a red- As a member of the American Sikh grandparents, Karl and Virginia. clothed table outside of the Congressional Caucus, I rise to honor f scorekeeping unit bearing plates of this community on the holiday of homemade cookies always brings a Vaisakhi. This is an important celebra- TRIBUTE TO JANET AIRIS smile to stressed budget analysts tion for the Sikh community and is Mr. COCHRAN. Mr. President, I join checking final numbers or scoring final celebrated this year on April 13. On with the vice chairwoman of the Ap- bills. this day in 1699, Guru Gobind Singh propriations Committee, Senator MI- Janet’s expertise, corporate knowl- created the Khalsa, a fellowship of de- KULSKI, and the chairman and ranking edge, and generosity of time and spirit vout Sikhs. Vaisakhi is a festival member of the Budget Committee, Sen- will be sorely missed, but she well de- which marks this occasion and the ator ENZI and Senator SANDERS, in serves an opportunity to rest after her spring harvest. honoring Janet Airis on her retirement years of outstanding service to the The Sikh community around the after 32 years of distinguished service Congress. We are grateful for that serv- world recognizes this important holi- to the Congress with the Congressional ice, and we wish her the best in the day with parades, dancing, singing, and Budget Office. Janet is highly regarded years to come.

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.063 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2022 CONGRESSIONAL RECORD — SENATE April 13, 2016 ADDITIONAL STATEMENTS TRIBUTE TO OFFICER MICHAEL CONGRATULATING THE UNIVER- STONEKING SITY OF SOUTH DAKOTA WOM- ∑ Mrs. ERNST. Mr. President, today I EN’S BASKETBALL TEAM wish to recognize Eastern Iowa Airport ∑ Mr. THUNE. Mr. President, today I REMEMBERING JAMES BARRETT Transportation Security Officer Mi- congratulate the University of South MCNULTY chael Stoneking for recent actions he Dakota, USD, Coyotes women’s basket- ∑ Mr. CASEY. Mr. President, today I took to aid a choking passenger. ball team as they celebrate winning wish to pay tribute to James Barrett Officer Michael Stoneking, while on the 2016 Women’s National Invitation McNulty, former mayor of my home- duty at Eastern Iowa Airport in Cedar Tournament, WNIT. The Coyotes won their first WNIT town Scranton, PA. Former Mayor Rapids, IA, was on his way to take his championship by outscoring the Flor- McNulty was a dedicated public serv- break when he was alerted by another ida Gulf Coast Eagles 71–65. The win ant who made a lasting impact on airport employee that a passenger was was especially poignant as the WNIT Scranton and all of Pennsylvania. in distress. Officer Stoneking was di- championship game was the last wom- Born on February 27, 1945, in the rected to a female passenger who had en’s basketball game to be held in High Works section of Scranton, Jim her hands at her throat indicating that USD’s iconic DakotaDome. Starting attended South Scranton and South she was choking. Officer Stoneking next season, USD basketball games Catholic High School. In 1966, he grad- performed the Heimlich maneuver and will be held in a brand-new facility, uated from the University of Scranton was able to successfully remove the ob- and the record turnout for the cham- as student body president with a bach- struction from the passenger’s throat, pionship game was a fitting way to end elor of arts in political science. A allowing her to breathe clearly. The the DakotaDome’s 37-year history. member of the Young Democrats for passenger’s family and the passenger, The Coyotes were led by head coach, John F. Kennedy, Jim McNulty an- once able to speak, thanked Officer Amy Williams, who received her second swered President Kennedy’s call to Stoneking and credited him with sav- consecutive Coach of the Year honor young people to serve their community ing her life. Official Transportation Se- from the Summit League earlier in the and their country. curity Administration reports from the season. Seniors Tia Hemiller and Ni- The extraordinary love that Mayor scene praise Officer Stoneking for his cole Seekamp were named to the WNIT McNulty had for public service and for command presence and calm profes- All-Tournament team, with Seekamp the people of Scranton was felt by all sionalism, stating that his ability to also being recognized as the Most Valu- who had the good fortune of being in think clearly and react saved a life. able Player of the Postseason WNIT. his presence. As a committed public At a time when transportation secu- Seekamp is also the 2016 Summit servant, Jim McNulty joined the staff rity is on everyone’s mind, it is com- League Women’s Basketball Player of of Congressman Dan Flood and then forting to know that we have such ca- the Year. Once again, congratulations to the transitioned to work on the mayoral pable security officers in our airports. entire USD Coyotes women’s basket- race in Scranton in 1969. By 1974, Jim Those who go above and beyond the ball team on this impressive accom- was deputy mayor. He quickly rose call of duty, as Officer Stoneking did, are to be commended and serve as an plishment. I commend the players and through the ranks as director of the coaching staff for all of their hard Department of Public Works, chairman example of what dedicated law enforce- ment officers can accomplish. work this season and wish them the of the Scranton Redevelopment Au- best of luck in their future.∑ thority, chairman of the Scranton I am very proud today to share Offi- Recreation Authority, City of Scranton cer Stoneking’s story with our col- f Urban Affairs coordinator and member leagues and would ask that they join 75TH ANNIVERSARY OF THE of the City of Scranton Government me in commending Officer Stoneking OREGON AIR NATIONAL GUARD Study Commission. In 1981, he was for his actions that saved a passenger’s ∑ Mr. WYDEN. Mr. President, today I elected to serve as the 26th mayor of life. am proud to join Oregonians all across ∑ Scranton. Thank you. our State in marking the 75th anniver- John F. Kennedy once said: ‘‘For I sary of the Oregon Air National Guard. can assure you that we love our coun- f For three-quarters of a century, thou- try, not for what it was, though it has sands of Oregon’s sons and daughters always been great—not for what it is, CONGRATULATING AIRBUS have joined the Air National Guard, though of this we are deeply proud— EMPLOYEES IN MOBILE, ALABAMA dedicating themselves to defense of the but for what it someday can, and, ∑ Mr. SHELBY. Mr. President, today I Constitution of the United States and through the efforts of us all, someday commend Airbus and its employees at service to their fellow Americans and Oregonians. Today I want to take a will be.’’ Jim McNulty was a visionary the Mobile Aeroplex facility on the moment, here on the Senate floor to mayor who saw the greatness in the completion of their first aircraft, the thank them for their service and for city of Scranton and its people. He Airbus A321. This great achievement fought tirelessly to make life better for their sacrifices on our behalf. was years in the making, and I am de- The Oregon Air National Guard residents with his instrumental actions lighted that Mobile is home to the first in making the Steamtown Historic Site traces its beginnings back to April A321 built in the United States. 1941, when a small group of 110 airmen and the Hilton at Lackawanna Station Aviation manufacturing is extremely a reality. boldly stepped forward and volunteered valuable to the State of Alabama’s for duty in the months before the U.S. His joyful presence around Scranton economy. Airbus plays a significant entered the Second World War. Ini- left an indelible mark long after his role in this sector, which brings wel- tially activated as the Oregon National mayoralty ended. Mayor McNulty’s comed job creation and economic Guard Air Corps 123rd Observation voice would paint a picture of the city growth to south Alabama and across Squadron, their first mission was to of Scranton through his public affairs the State. Airbus’s presence in Ala- conduct maritime surveillance of the program ‘‘Sunday Live’’ with Jim bama also underscores the fact that continental United States following McNulty and WARM radio talk show our great State is open for business, the attack on Pearl Harbor. In 1947, fol- ‘‘the Mayor of WARMland.’’ leading the Nation in both cutting-edge lowing the allied victory in World War May his memory live on through the technology and workforce. II, Congress officially established the love of his wife, Evie; the McNulty It is my great honor to congratulate U.S. Air Force as a separate military family; his many friends; and the ongo- Airbus and all of those who played a service, apart from the U.S. Army, and ing efforts to enhance the Scranton role in the making of this momentous designated the Air National Guard as a community. We honor him for his love occasion. I look forward to many more reserve component. for all the people of northeastern Penn- accomplishments by Airbus’s Mobile In the decades since, the Oregon Air sylvania and his commitment to serv- facility and additional aircraft that National Guard has played a vital na- ice.∑ will be proudly made in Alabama.∑ tional defense role in the Korean war,

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.062 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2023 the Vietnam war, the Cold War, and in Mr. Novotny, one of its reading clerks, accompanying papers, reports, and doc- many global operations in the wake of announced that the House has passed uments, and were referred as indicated: the terrorist attacks of September 11, the following bills, in which it requests EC–5101. A communication from the Dep- 2001. Today’s Oregon Air National the concurrence of the Senate: uty Secretary of the Commodity Futures Guard units include the 142nd Fighter H.R. 1567. An act to authorize a com- Trading Commission, transmitting, pursuant Wing in Portland, the 173rd Fighter prehensive, strategic approach for United to law, the report of a rule entitled ‘‘Alter- Wing in Klamath Falls, and the Joint States foreign assistance to developing coun- native to Fingerprinting Requirement for Forces Headquarters in Salem. Or- tries to reduce global poverty and hunger, Foreign Natural Persons’’ (RIN3038–AE16) re- ceived in the Office of the President of the egon’s F–15s serve on guard 24 hours a achieve food security and improved nutri- tion, promote inclusive, sustainable agricul- Senate on April 6, 2016; to the Committee on day, 365 days a year to defend the skies tural-led economic growth, improve nutri- Agriculture, Nutrition, and Forestry. above America’s western coast. In addi- tional outcomes, especially for women and EC–5102. A communication from the Acting tion to protecting that airspace, Or- children, build resilience among vulnerable Administrator of the Specialty Crops Pro- egon airmen are the sole providers of populations, and for other purposes. gram, Agricultural Marketing Service, De- F–15 flight training for the U.S. Air H.R. 2947. An act to amend title 11 of the partment of Agriculture, transmitting, pur- Force. United States Code in order to facilitate the suant to law, the report of a rule entitled But Oregon’s airmen and women resolution of an insolvent financial institu- ‘‘Tomatoes Grown in Florida; Decreased As- tion in bankruptcy. sessment Rate’’ (Docket No. AMS–FV–15– aren’t simply ready to respond in times H.R. 4676. An act to amend title 18, United 0058) received in the Office of the President of conflict; they also answer the Gov- States Code, to provide an additional tool to of the Senate on April 6, 2016; to the Com- ernor’s call during natural disasters to prevent certain frauds against veterans, and mittee on Agriculture, Nutrition, and For- protect Oregonians from floods, forest for other purposes. estry. fires, volcanic eruptions, and medical The message also announced that the EC–5103. A communication from the Sec- emergencies. Through the State part- House has agreed to the following con- retary of Defense, transmitting the report of nership program, Oregon Guardsmen current resolutions, in which it re- an officer authorized to wear the insignia of the grade of rear admiral (lower half) in ac- also have played a powerful role to im- quests the concurrence of the Senate: cordance with title 10, United States Code, prove relations with our State’s part- H. Con. Res. 115. Concurrent resolution au- section 777; to the Committee on Armed ners in Vietnam and Bangladesh. In thorizing the use of Emancipation Hall in Services. doing so, they demonstrate the best of the Capitol Visitor Center for an event to EC–5104. A communication from the Execu- American generosity in communities celebrate the birthday of King Kamehameha tive Director, Comptroller of the Currency, throughout the world. I. Department of the Treasury, transmitting, H. Con. Res. 117. Concurrent resolution au- The strength of any organization is pursuant to law, the Office of the Comptrol- thorizing the use of the Capitol Grounds for ler’s 2015 Office of Minority and Women In- its people and here the men and women the National Peace Officers Memorial Serv- of the Oregon Air National Guard, like clusion Annual Report to Congress; to the ice and the National Honor Guard and Pipe Committee on Banking, Housing, and Urban its counterpart the Oregon Army Band Exhibition. Affairs. Guard, are at the top of their class. Or- H. Con. Res. 120. Concurrent resolution au- EC–5105. A communication from the Chief thorizing the use of the Capitol Grounds for egon guardsmen come from diverse Counsel, Federal Emergency Management the 3rd Annual Fallen Firefighters Congres- backgrounds and bring top notch pri- Agency, Department of Homeland Security, sional Flag Presentation Ceremony. vate sector skills to bear on behalf of transmitting, pursuant to law, the report of ENROLLED BILL SIGNED the State and the country. The nearly a rule entitled ‘‘Suspension of Community At 12:25 p.m., a message from the 2,300 men and women now serving in Eligibility’’ ((44 CFR Part 64) (Docket No. House of Representatives, delivered by the Oregon Air National Guard con- FEMA–2016–0002)) received in the Office of Mr. Novotny, one of its reading clerks, the President of the Senate on April 6, 2016; tribute to the long legacy of vol- announced that the Speaker has signed to the Committee on Banking, Housing, and unteerism and community service for the following enrolled bill: Urban Affairs. which the organization is already so EC–5106. A communication from the Regu- S. 192. An act to reauthorize the Older well known. lations Coordinator, Centers for Medicare Americans Act of 1965, and for other pur- and Medicaid Services, Department of As a Senator, it has always been one poses. of my highest honors to represent the Health and Human Services, transmitting, The enrolled bill was subsequently men and women of the Oregon Air and pursuant to law, the report of a rule entitled signed by the President pro tempore Army National Guards in Congress, ‘‘Medicaid Program; Deadline for Access (Mr. HATCH). and as an Oregonian, I am so proud of Monitoring Review Plan Submissions’’ f ((RIN0938–AS89) (CMS–2328-F2)) received in today’s Oregon Air National Guard and the Office of the President of the Senate on its rich heritage. It is a privilege to MEASURES REFERRED April 11, 2016; to the Committee on Finance. serve these heroes—active, retired, and The following bills were read the first EC–5107. A communication from the Assist- those who have given their lives in de- and the second times by unanimous ant General Counsel for Regulatory Services, Office of Postsecondary Education, Depart- fense of our nation and helping others. consent, and referred as indicated: I know I speak for people in Oregon, ment of Education, transmitting, pursuant H.R. 2947. An act to amend title 11 of the to law, the report of a rule entitled ‘‘Pro- across the country, and around the United States Code in order to facilitate the world when I thank the Oregon Air Na- gram Integrity Issues’’ (RIN1840–AD02) re- resolution of an insolvent financial institu- ceived during adjournment of the Senate in tional Guard for 75 years of fabulous tion in bankruptcy; to the Committee on the the Office of the President of the Senate on service, congratulate them on this his- Judiciary. April 8, 2016; to the Committee on Health, H.R. 4676. An act to amend title 18, United toric milestone, and wish them contin- Education, Labor, and Pensions. ued success in the years and decades to States Code, to provide an additional tool to EC–5108. A communication from the Chair- come.∑ prevent certain frauds against veterans, and man of the Council of the District of Colum- for other purposes; to the Committee on the bia, transmitting, pursuant to law, a report f Judiciary. on D.C. Act 21–355, ‘‘Construction Codes Har- MESSAGES FROM THE HOUSE f monization Amendment Act of 2016’’; to the At 9:33 a.m., a message from the ENROLLED BILL PRESENTED Committee on Homeland Security and Gov- ernmental Affairs. House of Representatives, delivered by The Secretary of the Senate reported EC–5109. A communication from the Chair- Mrs. Cole, one of its reading clerks, an- that on today, April 13, 2016, she had man of the Council of the District of Colum- nounced that the House has passed the presented the President of the United bia, transmitting, pursuant to law, a report following bills, without amendment: States the following enrolled bill: on D.C. Act 21–356, ‘‘Neighborhood Engage- S. 483. An act to improve enforcement ef- S. 192. An act to reauthorize the Older ment Achieves Results Amendment Act of forts related to prescription drug diversion Americans Act of 1965, and for other pur- 2016’’; to the Committee on Homeland Secu- and abuse, and for other purposes. poses. rity and Governmental Affairs. S. 2512. An act to expand the tropical dis- EC–5110. A communication from the Chair- ease product priority review voucher pro- f man of the Council of the District of Colum- gram to encourage treatments for Zika EXECUTIVE AND OTHER bia, transmitting, pursuant to law, a report virus. COMMUNICATIONS on D.C. Act 21–357, ‘‘Walter Reed Develop- ment Omnibus Act of 2016’’; to the Com- At 10:15 a.m., a message from the The following communications were mittee on Homeland Security and Govern- House of Representatives, delivered by laid before the Senate, together with mental Affairs.

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.060 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2024 CONGRESSIONAL RECORD — SENATE April 13, 2016 PETITIONS AND MEMORIALS By Mr. INHOFE (for himself, Mr. BAR- service program, and for other purposes; to RASSO, Mr. COTTON, Mr. CRUZ, Mrs. the Committee on Commerce, Science, and The following petitions and memo- ERNST, Mr. HATCH, Mr. ISAKSON, Mr. Transportation. rials were laid before the Senate and LANKFORD, Mr. MORAN, Mr. ROUNDS, By Mr. MURPHY (for himself and Mr. were referred or ordered to lie on the Mr. RUBIO, Mr. SESSIONS, Mr. TILLIS, PAUL): table as indicated: and Mr. THUNE): S.J. Res. 32. A joint resolution to provide POM–144. A joint resolution adopted by the S. 2788. A bill to prohibit closure of United limitations on the transfer of certain United Legislature of the State of Nevada memori- States Naval Station, Guantanamo Bay, States munitions from the United States to alizing the State of Nevada’s petition to the Cuba, to prohibit the transfer or release of Saudi Arabia; to the Committee on Foreign United States Congress calling for a conven- detainees at that Naval Station to the Relations. United States, and for other purposes; to the tion of the States for the purpose of pro- f posing an amendment to the Constitution of Committee on Armed Services. the United States; to the Committee on the By Ms. WARREN (for herself, Mrs. SUBMISSION OF CONCURRENT AND Judiciary. SHAHEEN, Ms. BALDWIN, Mr. SANDERS, SENATE RESOLUTIONS Mr. FRANKEN, Mr. UDALL, Mr. WHITE- SENATE JOINT RESOLUTION NO. 2 HOUSE, Mr. MARKEY, and Mr. LEAHY): The following concurrent resolutions Resolved by the Senate and Assembly of the S. 2789. A bill to amend the Internal Rev- and Senate resolutions were read, and State of Nevada, jointly, That this legislature enue Code of 1986 to establish a free on-line referred (or acted upon), as indicated: respectfully petitions the Congress of the tax preparation and filing service and pro- By Mr. HOEVEN (for himself and Ms. United States to call a convention for the grams that allow taxpayers to access third- HEITKAMP): purpose of proposing the following article as party provided tax return information; to S. Res. 419. A resolution congratulating the an amendment to the Constitution of the the Committee on Finance. University of North Dakota men’s hockey United States. By Mr. LEE (for Mr. CRUZ (for himself, team for winning the 2016 National Colle- ‘‘ARTICLE l’’ Mr. LEE, Mr. CRAPO, and Mr. COR- giate Athletic Association division I men’s NYN)): hockey championship; considered and agreed ‘‘Section 1. No provision of this Constitu- S. 2790. A bill to provide requirements for tion, or any amendment thereto, shall re- to. the appropriate Federal banking agencies By Mr. ROUNDS (for himself and Mr. strict or limit any state in the apportion- when requesting or ordering a depository in- ment of representation in its legislature. THUNE): stitution to terminate a specific customer S. Res. 420. A resolution congratulating the ‘‘Section 2. The judicial power of the account, to provide for additional require- United States shall not extend to any suit in 2016 national champion Augustana Vikings ments related to subpoenas issued under the for their win in the 2016 National Collegiate law or equity, or to any controversy relating Financial Institutions Reform, Recovery, to apportionment of representation in a Athletic Association Division II Men’s Bas- and Enforcement Act of 1989, and for other ketball Tournament; considered and agreed state legislature. purposes; to the Committee on Banking, ‘‘Section 3. This article shall be inoper- to. Housing, and Urban Affairs. By Mr. BLUMENTHAL (for himself and ative unless it shall have been ratified as an By Mr. FRANKEN (for himself and Mr. amendment to the Constitution by the Leg- Mr. MURPHY): TILLIS): S. Res. 421. A resolution congratulating the islatures of three-fourths of the several S. 2791. A bill to amend title 38, United University of Connecticut Women’s Basket- States within seven years from the date of States Code, to provide for the treatment of ball Team for winning the 2016 National Col- its submission.’’ Now, therefore, be it veterans who participated in the cleanup of legiate Athletic Association Division I title; Resolved, That if Congress shall have pro- Enewetak Atoll as radiation exposed vet- considered and agreed to. posed an amendment to the Constitution erans for purposes of the presumption of By Mr. GRASSLEY (for himself, Mr. identical with that contained in this resolu- service-connection of certain disabilities by LEAHY, Mr. SCHUMER, Mr. HATCH, Mr. tion prior to January 1, 1965, this application the Secretary of Veterans Affairs; to the TOOMEY, Mr. SESSIONS, and Mrs. for a convention shall no longer be of any Committee on Veterans’ Affairs. FEINSTEIN): force or effect; and be it further, By Mrs. SHAHEEN (for herself and Mr. S. Res. 422. A resolution supporting the Resolved, That a duly attested copy of this VITTER): resolution be immediately transmitted to S. 2792. A bill to reestablish and enhance mission and goals of 2016 ‘‘National Crime the Secretary of the Senate of the United the Defense Research and Development Victims’ Rights Week’’, which include in- States, the Clerk of the House of Representa- Rapid Innovation Program, and for other creasing public awareness of the rights, tives of the United States and to each mem- purposes; to the Committee on Armed Serv- needs, concerns of, and services available to ber of the Congress from this State. ices. assist victims and survivors of crime in the By Mrs. SHAHEEN (for herself, Mr. United States; considered and agreed to. POM–145. A petition from a citizen of the VITTER, and Ms. AYOTTE): By Ms. KLOBUCHAR (for herself and State of Texas relative to citizenship and S. 2793. A bill to amend the Small Business Mr. FRANKEN): S. Res. 423. A resolution congratulating the sovereignty; to the Committee on Foreign Act to reauthorize and improve the Small University of Minnesota Women’s Ice Hock- Relations. Business Innovation Research Program and ey Team on winning the 2016 National Colle- POM–146. A petition from a citizen of the the Small Business Technology Transfer giate Athletic Association Women’s Ice State of Texas relative to the enacting of Program, and for other purposes; to the Hockey Championship; considered and laws; to the Committee on the Judiciary. Committee on Small Business and Entrepre- neurship. agreed to. f By Mr. HATCH (for himself, Mr. By Mr. BURR (for himself and Ms. INTRODUCTION OF BILLS AND WYDEN, Mr. PORTMAN, Mrs. MCCAS- HEITKAMP): JOINT RESOLUTIONS KILL, Mr. BURR, Mr. CASEY, Mr. S. Res. 424. A resolution supporting the TOOMEY, Mr. BROWN, Mr. CORNYN, Mr. goals and ideals of Take Our Daughters And The following bills and joint resolu- ISAKSON, Mr. FLAKE, and Mr. COATS): Sons To Work Day; considered and agreed to. tions were introduced, read the first S. 2794. A bill to establish a process for the f and second times by unanimous con- submission and consideration of petitions for sent, and referred as indicated: temporary duty suspensions and reductions, ADDITIONAL COSPONSORS and for other purposes; to the Committee on By Mrs. CAPITO (for herself and Mrs. S. 151 Finance. SHAHEEN): At the request of Mr. HELLER, the By Mr. INHOFE (for himself, Mr. BOOK- S. 2786. A bill to amend title XVIII of the name of the Senator from Alaska (Mr. ER, Mr. WHITEHOUSE, and Mr. CRAPO): Social Security Act to provide for payments S. 2795. A bill to modernize the regulation SULLIVAN) was added as a cosponsor of for certain rural health clinic and Federally of nuclear energy; to the Committee on En- S. 151, a bill to require the Secretary of qualified health center services furnished to vironment and Public Works. Defense to establish a process to deter- hospice patients under the Medicare pro- By Mr. ROUNDS: gram; to the Committee on Finance. mine whether individuals claiming cer- S. 2796. A bill to repeal certain obsolete tain service in the Philippines during By Mr. WARNER (for himself, Mr. laws relating to Indians; to the Committee KAINE, Mr. KING, Ms. BALDWIN, Mrs. on Indian Affairs. World War II are eligible for certain MCCASKILL, Ms. STABENOW, Mr. By Mr. BOOKER (for himself and Mr. benefits despite not being on the Mis- PETERS, and Mr. TESTER): MORAN): souri List, and for other purposes. S. 2787. A bill to amend title XIX of the So- S. 2797. A bill to establish the Refund to S. 386 cial Security Act to provide the same level Rainy Day Savings Program; to the Com- At the request of Mr. THUNE, the of Federal matching assistance for every mittee on Health, Education, Labor, and name of the Senator from Arkansas State that chooses to expand Medicaid cov- Pensions. erage to newly eligible individuals, regard- By Mr. LANKFORD: (Mr. BOOZMAN) was added as a cospon- less of when such expansion takes place; to S. 2798. A bill to amend title 49, United sor of S. 386, a bill to limit the author- the Committee on Finance . States Code, to terminate the essential air ity of States to tax certain income of

VerDate Sep 11 2014 04:56 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.012 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2025 employees for employment duties per- (Mr. GARDNER) was added as a cospon- tors receive advice in their best inter- formed in other States. sor of S. 1697, a bill to provide an ex- ests, and for other purposes. S. 391 ception from certain group health plan S. 2505 At the request of Mr. PAUL, the name requirements to allow small businesses At the request of Mr. KIRK, the name of the Senator from North Carolina to use pre-tax dollars to assist employ- of the Senator from Louisiana (Mr. (Mr. TILLIS) was added as a cosponsor ees in the purchase of policies in the CASSIDY) was added as a cosponsor of S. of S. 391, a bill to preserve and protect individual health insurance market, 2505, a bill to amend the Internal Rev- the free choice of individual employees and for other purposes. enue Code of 1986 to ensure that retire- to form, join, or assist labor organiza- S. 2200 ment investors receive advice in their tions, or to refrain from such activi- At the request of Mrs. FISCHER, the best interests, and for other purposes. ties. name of the Senator from Louisiana S. 2577 S. 577 (Mr. CASSIDY) was added as a cosponsor At the request of Mr. CORNYN, the At the request of Mr. TOOMEY, the of S. 2200, a bill to amend the Fair names of the Senator from Maine (Ms. name of the Senator from Arizona (Mr. Labor Standards Act of 1938 to COLLINS) and the Senator from Vir- MCCAIN) was added as a cosponsor of S. strengthen equal pay requirements. ginia (Mr. WARNER) were added as co- 577, a bill to amend the Clean Air Act S. 2217 sponsors of S. 2577, a bill to protect to eliminate the corn ethanol mandate crime victims’ rights, to eliminate the for renewable fuel. At the request of Mr. BLUNT, the name of the Senator from Arizona (Mr. substantial backlog of DNA and other S. 857 MCCAIN) was added as a cosponsor of S. forensic evidence samples to improve At the request of Ms. STABENOW, the and expand the forensic science testing name of the Senator from Mississippi 2217, a bill to amend the Federal Food, capacity of Federal, State, and local (Mr. COCHRAN) was added as a cospon- Drug, and Cosmetic Act to improve and crime laboratories, to increase re- sor of S. 857, a bill to amend title XVIII clarify certain disclosure requirements search and development of new testing of the Social Security Act to provide for restaurants and similar retail food technologies, to develop new training for coverage under the Medicare pro- establishments, and to amend the au- programs regarding the collection and gram of an initial comprehensive care thority to bring proceedings under sec- use of forensic evidence, to provide plan for Medicare beneficiaries newly tion 403A. post-conviction testing of DNA evi- diagnosed with Alzheimer’s disease and S. 2283 dence to exonerate the innocent, to related dementias, and for other pur- At the request of Mr. DAINES, the poses. name of the Senator from Alaska (Mr. support accreditation efforts of foren- sic science laboratories and medical ex- S. 1112 SULLIVAN) was added as a cosponsor of aminer offices, to address training and At the request of Mr. FRANKEN, the S. 2283, a bill to ensure that small busi- equipment needs, to improve the per- name of the Senator from Ohio (Mr. ness providers of broadband Internet formance of counsel in State capital BROWN) was added as a cosponsor of S. access service can devote resources to 1112, a bill to amend the Occupational broadband deployment rather than cases, and for other purposes. Safety and Health Act of 1970 to expand compliance with cumbersome regu- S. 2707 coverage under the Act, to increase latory requirements. At the request of Mr. SCOTT, the names of the Senator from Texas (Mr. protections for whistleblowers, to in- S. 2373 CORNYN), the Senator from North Caro- crease penalties for high gravity viola- At the request of Ms. CANTWELL, the lina (Mr. TILLIS), the Senator from tions, to adjust penalties for inflation, name of the Senator from Oregon (Mr. Mississippi (Mr. COCHRAN), the Senator to provide rights for victims or their MERKLEY) was added as a cosponsor of from Georgia (Mr. ISAKSON), the Sen- family members, and for other pur- S. 2373, a bill to amend title XVIII of ator from Georgia (Mr. PERDUE), the poses. the Social Security Act to provide for Senator from Wyoming (Mr. ENZI), the S. 1444 Medicare coverage of certain Senator from Nevada (Mr. HELLER), the At the request of Mr. PETERS, the lymphedema compression treatment Senator from Oklahoma (Mr. name of the Senator from Michigan items as items of durable medical LANKFORD), the Senator from South (Ms. STABENOW) was added as a cospon- equipment. sor of S. 1444, a bill to amend the Inter- Dakota (Mr. ROUNDS), the Senator from S. 2385 nal Revenue Code of 1986 to reduce the Louisiana (Mr. VITTER), and the Sen- At the request of Mr. COONS, the rate of tax regarding the taxation of ator from Arizona (Mr. FLAKE) were names of the Senator from New Jersey distilled spirits. added as cosponsors of S. 2707, a bill to (Mr. MENENDEZ) and the Senator from S. 1555 require the Secretary of Labor to nul- Maine (Ms. COLLINS) were added as co- At the request of Ms. HIRONO, the lify the proposed rule regarding defin- sponsors of S. 2385, a bill to strengthen name of the Senator from Connecticut ing and delimiting the exemptions for protections for the remaining popu- (Mr. MURPHY) was added as a cosponsor executive, administrative, professional, lations of wild elephants, rhinoceroses, of S. 1555, a bill to award a Congres- outside sales, and computer employees, and other imperiled species through sional Gold Medal, collectively, to the to require the Secretary of Labor to country-specific anti-poaching efforts Filipino veterans of World War II, in conduct a full and complete economic and anti-trafficking strategies, to pro- recognition of the dedicated service of analysis with improved economic data the veterans during World War II. mote the value of wildlife and natural on small businesses, nonprofit employ- resources, to curtail the demand for il- S. 1562 ers, Medicare or Medicaid dependent legal wildlife products in consumer At the request of Mr. BLUNT, the health care providers, and small gov- countries, and for other purposes. name of the Senator from Mississippi ernmental jurisdictions, and all other (Mr. COCHRAN) was added as a cospon- S. 2497 employers, and minimize the impact on sor of S. 1562, a bill to amend the Inter- At the request of Mr. BLUNT, the such employers, before promulgating nal Revenue Code of 1986 to reform tax- name of the Senator from Louisiana any substantially similar rule, and to ation of alcoholic beverages. (Mr. CASSIDY) was added as a cosponsor provide a rule of construction regard- S. 1651 of S. 2497, a bill to amend the Securi- ing the salary threshold exemption At the request of Mr. BROWN, the ties Exchange Act of 1934 to provide under the Fair Labor Standards Act of name of the Senator from New York protections for retail customers, and 1938, and for other purposes. (Mrs. GILLIBRAND) was added as a co- for other purposes. S. 2736 sponsor of S. 1651, a bill to amend title S. 2502 At the request of Mr. THUNE, the II of the Social Security Act to repeal At the request of Mr. ISAKSON, the name of the Senator from Ohio (Mr. the Government pension offset and name of the Senator from Louisiana PORTMAN) was added as a cosponsor of windfall elimination provisions. (Mr. CASSIDY) was added as a cosponsor S. 2736, a bill to improve access to du- S. 1697 of S. 2502, a bill to amend the Employee rable medical equipment for Medicare At the request of Mr. GRASSLEY, the Retirement Income Security Act of beneficiaries under the Medicare pro- name of the Senator from Colorado 1974 to ensure that retirement inves- gram, and for other purposes.

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.015 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2026 CONGRESSIONAL RECORD — SENATE April 13, 2016 S. 2770 AMENDMENT NO. 3591 schools, and they can be denied rations At the request of Mr. ROBERTS, the At the request of Mr. SESSIONS, the if they refuse. They can still be subject name of the Senator from Kansas (Mr. names of the Senator from Alabama to forced labor on their reservations as MORAN) was added as a cosponsor of S. (Mr. SHELBY) and the Senator from a condition of their receipt of supplies. 2770, a bill to amend the Communica- Georgia (Mr. PERDUE) were added as co- Moreover, they can be denied funding if tions Act of 1934 to require providers of sponsors of amendment No. 3591 in- found drunk on a reservation. a covered service to provide call loca- tended to be proposed to H.R. 636, a bill These statutes actually remain on tion information concerning the tele- to amend the Internal Revenue Code of the books of the land and, in many communications device of a user of 1986 to permanently extend increased cases, are more than a century old and such service to an investigative or law expensing limitations, and for other continue the stigma of subjugation and enforcement officer in an emergency purposes. paternalism from that time period. It situation involving risk of death or se- AMENDMENT NO. 3624 is without question that they should be rious physical injury or in order to re- At the request of Mr. SCHATZ, the stricken. spond to the user’s call for emergency name of the Senator from New Jersey We cannot adequately repair history, services. (Mr. BOOKER) was added as a cosponsor but we can move forward. Because of AMENDMENT NO. 3286 of amendment No. 3624 intended to be this, today I am introducing the RE- At the request of Mr. HELLER, the proposed to H.R. 636, a bill to amend SPECT Act or the Repealing Existing names of the Senator from Colorado the Internal Revenue Code of 1986 to Substandard Provisions Encouraging (Mr. GARDNER), the Senator from Or- permanently extend increased expens- Conciliation with Tribes Act. egon (Mr. WYDEN), the Senator from ing limitations, and for other purposes. I wish to list some of the 12 existing Idaho (Mr. RISCH), the Senator from laws that the RESPECT Act will re- AMENDMENT NO. 3654 Colorado (Mr. BENNET), the Senator peal. In Chapter 25 of the United States At the request of Mr. CORNYN, the from Montana (Mr. TESTER), the Sen- Code, section 302, entitled ‘‘Education name of the Senator from Florida (Mr. ator from Montana (Mr. DAINES), and of Indians, Indian Reform School; rules RUBIO) was added as a cosponsor of the Senator from New Mexico (Mr. and regulations; consent of parents to amendment No. 3654 intended to be pro- UDALL) were added as cosponsors of placing youth in reform school,’’ the posed to H.R. 636, a bill to amend the amendment No. 3286 intended to be pro- Commissioner of Indian affairs was di- Internal Revenue Code of 1986 to per- posed to S. 2012, an original bill to pro- rected to place Indian youth in Indian manently extend increased expensing vide for the modernization of the en- reform schools without the consent of limitations, and for other purposes. ergy policy of the United States, and their parents. for other purposes. AMENDMENT NO. 3657 The issue of off-reservation Indian AMENDMENT NO. 3490 At the request of Mr. WYDEN, the boarding schools, in particular, is a At the request of Ms. CANTWELL, the name of the Senator from Nevada (Mr. rightfully sensitive one for our Native name of the Senator from Hawaii (Ms. HELLER) was added as a cosponsor of Americans. Between 1879 and into the HIRONO) was added as a cosponsor of amendment No. 3657 intended to be pro- 20th century, at least 830,000 Indian amendment No. 3490 proposed to H.R. posed to H.R. 636, a bill to amend the children were taken to boarding 636, a bill to amend the Internal Rev- Internal Revenue Code of 1986 to per- schools to allegedly ‘‘civilize them.’’ enue Code of 1986 to permanently ex- manently extend increased expensing Many parents were threatened with tend increased expensing limitations, limitations, and for other purposes. surrendering their children or their and for other purposes. AMENDMENT NO. 3683 food rations. This law, in fact, is also AMENDMENT NO. 3548 At the request of Mr. BOOKER, the still on the books. At the request of Mr. BLUMENTHAL, name of the Senator from Nevada (Mr. A requirement exists in section 283, the name of the Senator from Vermont HELLER) was added as a cosponsor of entitled ‘‘Regulations for withholding (Mr. LEAHY) was added as a cosponsor amendment No. 3683 intended to be pro- rations for nonattendance at schools,’’ of amendment No. 3548 intended to be posed to H.R. 636, a bill to amend the that the Secretary of the Interior could proposed to H.R. 636, a bill to amend Internal Revenue Code of 1986 to per- ‘‘prevent the issuing of rations or the the Internal Revenue Code of 1986 to manently extend increased expensing furnishing of subsistence to the head of permanently extend increased expens- limitations, and for other purposes. any Indian family for or on account of ing limitations, and for other purposes. f any Indian child or children between AMENDMENT NO. 3557 the ages of eight and twenty-one years STATEMENTS ON INTRODUCED At the request of Mr. FLAKE, the who shall not have attended school in BILLS AND JOINT RESOLUTIONS name of the Senator from Minnesota the preceding year in accordance with (Ms. KLOBUCHAR) was added as a co- By Mr. ROUNDS: such regulations.’’ sponsor of amendment No. 3557 in- S. 2796. A bill to repeal certain obso- Yet there still exist other outdated tended to be proposed to H.R. 636, a bill lete laws relating to Indians; to the laws relating to wartime status be- to amend the Internal Revenue Code of Committee on Indian Affairs. tween Indians and the United States, 1986 to permanently extend increased Mr. ROUNDS. Mr. President, today I such as those found in section 72 of the expensing limitations, and for other rise to introduce a bill to begin to ad- Code, entitled ‘‘Abrogation of trea- purposes. dress the list of historic wrongs against ties.’’ Here the President was author- AMENDMENT NO. 3563 Native American citizens brought by ized to declare all treaties with such At the request of Mr. HEINRICH, his the early U.S. Government. tribes ‘‘abrogated if in his opinion any name was added as a cosponsor of The idea that these laws were ever Indian tribe is in actual hostility to amendment No. 3563 intended to be pro- considered is disturbing, but the fact the United States.’’ posed to H.R. 636, a bill to amend the that these laws remain on our books is, In section 127, entitled ‘‘Moneys or Internal Revenue Code of 1986 to per- at best, an oversight. Currently, Native annuities of hostile Indians,’’ moneys manently extend increased expensing Americans who are U.S. citizens just or annuities stipulated by any treaty limitations, and for other purposes. like you and me are still legally sub- with an Indian tribe could be stopped if AMENDMENT NO. 3568 ject to a series of obsolete, historically the tribe ‘‘has engaged in hostilities At the request of Ms. COLLINS, the wrong statutes. These statutes are a against the United States, or against names of the Senator from Minnesota sad reminder of the hostile aggression its citizens peacefully or lawfully so- (Ms. KLOBUCHAR) and the Senator from and overt racism that the Federal Gov- journing or traveling within its juris- Arizona (Mr. FLAKE) were added as co- ernment exhibited toward Native diction at the time of such hostilities.’’ sponsors of amendment No. 3568 in- Americans as the government at- Likewise, in section 128, entitled tended to be proposed to H.R. 636, a bill tempted to assimilate them into what ‘‘Appropriations not paid to Indians at to amend the Internal Revenue Code of was considered modern society. war with United States,’’ none of the 1986 to permanently extend increased In 2016, laws still exist that would appropriations made for the Indian expensing limitations, and for other allow for the forced removal of their Service could ‘‘be paid to any band of purposes. children, who can be sent to boarding Indians or any portion of any band

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.017 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2027 while at war with the United States or led to mistreatment by the Federal ers and have done an outstanding job coach- with the white citizens of any of the Government. ing the UND men’s hockey program; States or Territories.’’ As Governor of South Dakota, I pro- Whereas under the leadership of Interim Moreover, in section 138, entitled President Ed Schafer and Athletic Director claimed 2010 the Year of Unity in Brian Faison, academic and athletic excel- ‘‘Goods withheld from chiefs violating South Dakota. This was done in rec- lence has been promoted at UND; treaty stipulations,’’ delivery of goods ognition of the need to continue build- Whereas thousands of UND fans attended or merchandise could be denied to the ing upon the legacy and work of those the NCAA division I men’s hockey champion- chiefs of any tribe by authority of any who came before us. The year 2010 also ship game, reflecting the tremendous fan treaty ‘‘if such chiefs’’ had ‘‘violated marked the 20th anniversary of the base of UND, which showcases the spirit and the stipulations contained in such trea- Year of Reconciliation in South Da- dedication of UND hockey fans and has ty.’’ kota, which was an effort by the late helped to propel the success of the UND Finally, in section 129, entitled men’s hockey team; and Governor George Mickelson as a way to Whereas the UND men’s hockey team’s vic- ‘‘Moneys due Indians holding captives bring all races together. The Year of tory in the 2016 NCAA division I men’s hock- other than Indians withheld,’’ the Sec- Unity and the Year of Reconciliation ey championship was also a victory for the retary of the Interior was ‘‘authorized were efforts to build upon a common entire State of North Dakota: Now, there- to withhold, from any tribe of Indians purpose, acknowledge our differences, fore, be it who may hold any captives other than and yet find ways to work together. I Resolved, That the Senate— Indians, any moneys due them from (1) congratulates the University of North suspect we could use a lot more of that Dakota men’s hockey team, the 2016 Na- the United States until said captives in Washington, DC. tional Collegiate Athletic Association divi- shall be surrendered to the lawful au- While legislative bodies before us sion I men’s hockey champions; thorities of the United States.’’ have taken steps to rectify our pre- (2) commends the players, coaches, and In section 130, entitled ‘‘Withholding vious failures relative to Native Ameri- staff of the University of North Dakota of moneys or goods on account of in- cans, sadly, these laws remain, and out men’s hockey team for their hard work and toxicating liquors,’’ racist identifica- of a sense of justice, I believe we should dedication; and (3) recognizes the students, alumni, and tions tying drunkenness by Indians to repeal them. Imagine a scenario where receipt of funds still exist, stipulating loyal fans for supporting the University of descendants of those from Norway, North Dakota men’s hockey team on a suc- that no ‘‘annuities, or moneys, or Britain, Italy, or any other country for cessful quest to capture another National goods’’ could ‘‘be paid or distributed to that matter, were treated with the Collegiate Athletic Association division I Indians while they’’ were—and, once same patronizing air of superiority. men’s hockey championship trophy for the again, I will quote—‘‘under the influ- Only Native Americans face this dis- University of North Dakota. ence of any description of intoxicating crimination, and it is long overdue to f liquor, nor while there are good and repeal these noxious laws. SENATE RESOLUTION 420—CON- sufficient reasons leading the officers I would take this opportunity to urge GRATULATING THE 2016 NA- or agents, whose duty it may be to my colleagues to join me in supporting TIONAL CHAMPION AUGUSTANA make such payments or distribution, this bill and to put an end to this bla- VIKINGS FOR THEIR WIN IN THE to believe that there is any species of tant discrimination against Native 2016 NATIONAL COLLEGIATE ATH- intoxicating liquor within convenient Americans. We can’t change our his- LETIC ASSOCIATION DIVISION II reach.’’ tory, but we can start to change the Mandatory work on reservations still MEN’S BASKETBALL TOUR- paternalistic mentality of the Federal NAMENT exists in section 137, entitled ‘‘Supplies Government toward the Native people. distributed to able-bodied males on Mr. ROUNDS (for himself and Mr. f condition.’’ Once again, I will quote THUNE) submitted the following resolu- from the text: ‘‘For the purpose of in- SUBMITTED RESOLUTIONS tion; which was considered and agreed ducing Indians to labor and become to: self-supporting, it is provided that, in S. RES. 420 distributing the supplies and annuities SENATE RESOLUTION 419—CON- Whereas, on March 26, 2016, the Augustana to the Indians for whom the same are GRATULATING THE UNIVERSITY University Vikings defeated the Lincoln Me- appropriated, the agent distributing OF NORTH DAKOTA MEN’S HOCK- morial University Railsplitters 90 to 81 in the same could require all able-bodied EY TEAM FOR WINNING THE 2016 the championship game of the National Col- NATIONAL COLLEGIATE ATH- legiate Athletic Association Division II male Indians between the ages of eight- Men’s Basketball Tournament in Frisco, een and forty-five to perform service LETIC ASSOCIATION DIVISION I MEN’S HOCKEY CHAMPIONSHIP Texas; upon the reservation, for the benefit of Whereas this is the first national title for themselves or of the tribe’’ in return Mr. HOEVEN (for himself and Ms. the Augustana Vikings basketball program for supplies. HEITKAMP) submitted the following res- and the third national title overall for the Let me summarize what I said in the olution; which was considered and school; beginning. In the year 2016 in the agreed to: Whereas Augustana senior student athletes Daniel Jansen and Casey Schilling have been United States, Native Americans—citi- S. RES. 419 zens like you and me—are still legally named 2 of 13 finalists for the Bevo Francis Whereas the University of North Dakota Award, which honors the player who had the subject to outrageous, racist, and out- (referred to in this preamble as ‘‘UND’’) best overall season within Small College dated laws that were wrong at their in- men’s hockey team won the 2016 National Basketball; ception. There is no place in our legal Collegiate Athletic Association (referred to Whereas the Augustana coach, Tom code for such laws. in this preamble as the ‘‘NCAA’’) division I Billeter, was named Coach of the Year by the In my home State of South Dakota, men’s hockey championship game in Tampa National Association of Basketball Coaches; which is home to 9 tribes and roughly Bay, Florida, on April 9, 2016, in a hard- Whereas, during the 2015–2016 season, the 75,000 enrolled members, we strive to fought victory over the Quinnipiac Univer- Augustana Vikings finished with a record of sity Bobcats of Connecticut by a score of 5 to work together to constantly improve 34–2; and 1; Whereas the presence of 3 seniors and 4 relationships and to mend our history Whereas the UND men’s hockey team had juniors on the roster of the Augustana Vi- through reconciliation and mutual re- an incredible 2015–16 season, during which kings represents the commitment of those spect. It is not always easy, but with Coach Brad Berry became the first head students to the university and the work of our futures tied together, with our coach to win an NCAA division I men’s hock- Augustana University to enshrine the ideal children in mind, reconciliation is ey national championship in an individual’s of the student athlete into the ethos of the something we are committed to. first season as head coach; university: Now, therefore, be it History also proves that since the Whereas the UND men’s hockey team won Resolved, That the Senate— onset of the government’s relationship its eighth NCAA division I men’s hockey (1) congratulates and honors the championship and ended the 2015–16 season Augustana University men’s basketball team with the tribes, it has been com- with a 34–6–4 record; and its loyal fans on the performance of the plicated and challenging over the Whereas Coach Brad Berry and the coach- team in the 2016 National Collegiate Athletic years, sometimes downright dark and ing staff have instilled character and perse- Association Division II Men’s Basketball disrespectful, and to this day often has verance in the UND men’s hockey team play- Tournament; and

VerDate Sep 11 2014 03:11 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.039 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2028 CONGRESSIONAL RECORD — SENATE April 13, 2016 (2) recognizes and commends the hard Whereas crime can touch the lives of any- (A) the impact of crime on victims and sur- work, dedication, determination, and com- one, irrespective of age, race, national ori- vivors and the families of the victims and mitment to excellence of the players, par- gin, religion, or gender; survivors; ents, families, coaches, and managers of the Whereas a just society acknowledges the (B) the challenges to achieving justice for team. impact of crime on individuals, families, victims and survivors of crime and the fami- schools, and communities by— lies of the victims and survivors; and f (1) protecting the rights of crime victims (C) the many solutions to meet those chal- SENATE RESOLUTION 421—CON- and survivors; and lenges; and GRATULATING THE UNIVERSITY (2) ensuring that resources and services are (2) recognizes that crime victims and sur- OF CONNECTICUT WOMEN’S BAS- available to help rebuild the lives of the vic- vivors and the families of the victims and KETBALL TEAM FOR WINNING tims and survivors; survivors should be treated with dignity, Whereas, as of 2008, the most conservative fairness, and respect. THE 2016 NATIONAL COLLEGIATE estimate for the economic cost of violent ATHLETIC ASSOCIATION DIVI- and property crimes in the United States f SION I TITLE was $17,000,000,000 per year; Mr. BLUMENTHAL (for himself and Whereas that economic cost does not ac- count for the struggle of a crime victim to be SENATE RESOLUTION 423—CON- Mr. MURPHY) submitted the following made whole or losses that result from being GRATULATING THE UNIVERSITY resolution; which was considered and the victim of a crime, including losses of OF MINNESOTA WOMEN’S ICE agreed to: psychological, emotional, and physical well- HOCKEY TEAM ON WINNING THE S. RES. 421 being; 2016 NATIONAL COLLEGIATE ATH- Whereas, on Tuesday, April 5, 2016, the Uni- Whereas despite impressive accomplish- LETIC ASSOCIATION WOMEN’S ments between 1974 and 2016 in increasing versity of Connecticut Women’s Basketball ICE HOCKEY CHAMPIONSHIP Team (in this preamble referred to as the rights of, and services available to, crime ‘‘UConn’’) won the 2016 National Collegiate victims and survivors and the families of the Ms. KLOBUCHAR (for herself and Mr. Athletic Association (in this preamble re- victims and survivors, many challenges re- FRANKEN) submitted the following res- ferred to as the ‘‘NCAA’’) Division I title main to ensure that all crime victims and with an 82-51 win over the Syracuse Orange survivors and the families of the victims and olution; which was considered and at Bankers Life Fieldhouse in Indianapolis, survivors are— agreed to: Indiana; (1) treated with dignity, fairness, and re- S. RES. 423 Whereas this is UConn’s fourth consecutive spect; NCAA national championship and 11th NCAA (2) offered support and services, regardless Whereas, on Sunday, March 20, 2016, the national championship overall; of whether the victims and survivors report University of Minnesota Gophers won the Whereas Breanna Stewart was awarded the crimes committed against them; and 2016 National Collegiate Athletic Association Most Outstanding Player of the Final Four (3) recognized as key participants within (referred to in this preamble as the ‘‘NCAA’’) for an unprecedented fourth time; the criminal, juvenile, Federal, and tribal Women’s Ice Hockey Championship against Whereas UConn finished the 2015-2016 sea- justice systems in the United States when previously undefeated Boston College by a son with a record of 38-0 and extended its the victims and survivors report crimes; score of 3 to 1; winning streak to 75 games; Whereas crime victims and survivors in the Whereas, on Friday, March 18, 2016, Sarah Whereas UConn has won 122 of its last 123 United States and the families of the victims Potomak scored the game-winning goal in games, with each win coming by double dig- and survivors need and deserve support and overtime to give the University of Minnesota its; and assistance to help cope with the often dev- a 3-2 win over rival University of Wisconsin Whereas Geno Auriemma passed John astating consequences of crime; in a Frozen Four semifinal game and ad- Wooden for the most national championships Whereas, during each year beginning in vance to the national championship game for won by any head coach in NCAA Division I 1984 through 2015, communities across the the fifth consecutive year; basketball history: Now, therefore, be it United States joined Congress and the De- Whereas the University of Minnesota Wom- Resolved, That the Senate— partment of Justice in commemorating ‘‘Na- en’s Ice Hockey Team won an impressive 35 (1) commends the University of Con- tional Crime Victims’ Rights Week’’ to cele- games during the 2015-2016 season; necticut Women’s Basketball Team for win- brate a shared vision of a comprehensive and Whereas the University of Minnesota Wom- ning the 2016 National Collegiate Athletic collaborative response that identifies and ad- en’s Ice Hockey Team has won 4 of the last Association Division I title; dresses the many needs of crime victims and 5 national championships; (2) congratulates the fans, students, and survivors and the families of the victims and Whereas the University of Minnesota Wom- faculty of the University of Connecticut; and survivors; en’s Ice Hockey Team has won 7 national (3) respectfully requests that the Secretary Whereas Congress and the President agree championships overall, including back-to- of the Senate transmit an enrolled copy of on the need for a renewed commitment to back championships in 2004 and 2005, 2012 and this resolution to— serve all victims and survivors of crime in 2013, and 2015 and 2016; (A) the President of the University of Con- the 21st century; Whereas the University of Minnesota Wom- necticut, Susan Herbst; and Whereas the theme of 2016 ‘‘National Crime en’s Ice Hockey Team has the most NCAA (B) the Head Coach of the University of Victims’ Rights Week’’, celebrated during Women’s Ice Hockey Championships and Connecticut Women’s Basketball Team, the week of April 10 through April 16, 2016, is NCAA Women’s Ice Hockey Tournament Luigi ‘‘Geno’’ Auriemma. ‘‘Serving Victims; Building Trust; Restoring wins; and Hope’’ and highlights the collaborative and Whereas the University of Minnesota Wom- f multifaceted effort to provide comprehensive en’s Ice Hockey program— SENATE RESOLUTION 422—SUP- and quality support to survivors; (1) benefits from 7 years of steady leader- PORTING THE MISSION AND Whereas engaging communities in victim ship from Head Coach Brad Frost; GOALS OF 2016 ‘‘NATIONAL assistance is essential to promoting indi- vidual and public safety; (2) features 3 All-Americans, as named by CRIME VICTIMS’ RIGHTS WEEK’’, Whereas the United States must empower the American Hockey Coaches Association, WHICH INCLUDE INCREASING crime victims and survivors by— on the 2015-2016 team; PUBLIC AWARENESS OF THE (1) protecting the legal rights of the vic- (3) has a remarkable roster of players, in- RIGHTS, NEEDS, CONCERNS OF, tims and survivors; and cluding Amanda Kessel, Sarah Potomak, AND SERVICES AVAILABLE TO (2) providing the victims and survivors Amanda Leveille, and Lee Stecklein, all of ASSIST VICTIMS AND SUR- with services to help them in the aftermath whom were named to the 2016 Frozen Four VIVORS OF CRIME IN THE of crime; and All-Tournament Team; and UNITED STATES Whereas the people of the United States recognize and appreciate the continued im- (4) has a multitude of players, past and Mr. GRASSLEY (for himself, Mr. portance of— present, who have represented the United States in Olympic competition: Now, there- LEAHY, Mr. SCHUMER, Mr. HATCH, Mr. (1) promoting the rights of and services for fore, be it TOOMEY, Mr. SESSIONS, and Mrs. FEIN- crime victims and survivors; and STEIN) submitted the following resolu- (2) honoring crime victims and survivors Resolved, That the Senate recognizes— tion; which was considered and agreed and individuals who provide services for the (1) the University of Minnesota Women’s to: victims and survivors: Now, therefore, be it Ice Hockey Team on winning the 2016 Na- Resolved, That the Senate— tional Collegiate Athletic Association Wom- S. RES. 422 (1) supports the mission and goals of 2016 en’s Ice Hockey Championship; and Whereas individuals in the United States ‘‘National Crime Victims’ Rights Week’’, (2) the achievements of the players, coach- are the victims of more than 20,000,000 which include increasing individual and pub- es, staff, and fans who contributed to the crimes each year; lic awareness of— championship season.

VerDate Sep 11 2014 04:56 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.022 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2029 SENATE RESOLUTION 424—SUP- ment intended to be proposed to amendment tended to be proposed to amendment SA 3679 PORTING THE GOALS AND SA 3679 proposed by Mr. MCCONNELL (for Mr. proposed by Mr. MCCONNELL (for Mr. THUNE IDEALS OF TAKE OUR DAUGH- THUNE (for himself and Mr. NELSON)) to the (for himself and Mr. NELSON)) to the bill H.R. TERS AND SONS TO WORK DAY bill H.R. 636, supra; which was ordered to lie 636, supra; which was ordered to lie on the on the table. table. Mr. BURR (for himself and Ms. SA 3687. Mr. KAINE submitted an amend- SA 3701. Mrs. MURRAY (for herself and Ms. HEITKAMP) submitted the following res- ment intended to be proposed to amendment CANTWELL) submitted an amendment in- olution; which was considered and SA 3679 proposed by Mr. MCCONNELL (for Mr. tended to be proposed to amendment SA 3679 agreed to: THUNE (for himself and Mr. NELSON)) to the proposed by Mr. MCCONNELL (for Mr. THUNE bill H.R. 636, supra; which was ordered to lie (for himself and Mr. NELSON)) to the bill H.R. S. RES. 424 on the table. 636, supra; which was ordered to lie on the Whereas the Take Our Daughters To Work SA 3688. Mr. FRANKEN (for himself and table. program was created in New York City as a Mr. GRASSLEY) submitted an amendment in- SA 3702. Mr. MCCAIN submitted an amend- response to research that showed that, by tended to be proposed to amendment SA 3679 ment intended to be proposed to amendment the 8th grade, many girls were dropping out proposed by Mr. MCCONNELL (for Mr. THUNE SA 3679 proposed by Mr. MCCONNELL (for Mr. of school, had low self-esteem, and lacked (for himself and Mr. NELSON)) to the bill H.R. THUNE (for himself and Mr. NELSON)) to the confidence; 636, supra; which was ordered to lie on the bill H.R. 636, supra; which was ordered to lie Whereas, in 2003, the name of the program table. on the table. was changed to ‘‘Take Our Daughters And SA 3689. Mr. FRANKEN submitted an SA 3703. Mr. HATCH submitted an amend- Sons To Work’’ so that boys who face many amendment intended to be proposed to ment intended to be proposed to amendment of the same challenges as girls could also be amendment SA 3679 proposed by Mr. MCCON- SA 3679 proposed by Mr. MCCONNELL (for Mr. involved in the program; NELL (for Mr. THUNE (for himself and Mr. THUNE (for himself and Mr. NELSON)) to the Whereas, in 2016, the mission of the pro- NELSON)) to the bill H.R. 636, supra; which bill H.R. 636, supra; which was ordered to lie gram, to develop ‘‘innovative strategies that was ordered to lie on the table. on the table. SA 3690. Mr. NELSON submitted an amend- empower girls and boys to overcome societal SA 3704. Mrs. FEINSTEIN (for herself, Mr. ment intended to be proposed to amendment barriers to reach their full potential’’, fully TILLIS, Mr. BLUMENTHAL, Mr. PERDUE, Mr. SA 3679 proposed by Mr. MCCONNELL (for Mr. reflects the addition of boys; LEE, and Mr. MARKEY) submitted an amend- THUNE (for himself and Mr. NELSON)) to the Whereas the Take Our Daughters And Sons ment intended to be proposed to amendment bill H.R. 636, supra; which was ordered to lie To Work Foundation, a nonprofit organiza- SA 3679 proposed by Mr. MCCONNELL (for Mr. on the table. THUNE (for himself and Mr. NELSON)) to the tion, has grown to be one of the largest pub- SA 3691. Mr. MARKEY (for himself, Mr. bill H.R. 636, supra; which was ordered to lie lic awareness campaigns, with more than BLUMENTHAL, and Ms. KLOBUCHAR) submitted 39,000,000 participants annually in more than an amendment intended to be proposed to on the table. SA 3705. Mrs. BOXER (for herself, Ms. KLO- 3,000,000 organizations and workplaces rep- amendment SA 3679 proposed by Mr. MCCON- BUCHAR, Ms. CANTWELL, Mr. BLUMENTHAL, resenting each State; NELL (for Mr. THUNE (for himself and Mr. Mr. MARKEY, Mrs. SHAHEEN, and Mr. Whereas, in 2007, the Take Our Daughters NELSON)) to the bill H.R. 636, supra; which FRANKEN) submitted an amendment intended To Work program transitioned to Elizabeth was ordered to lie on the table. City, North Carolina, became known as the SA 3692. Ms. CANTWELL submitted an to be proposed to amendment SA 3679 pro- Take Our Daughters And Sons To Work amendment intended to be proposed to posed by Mr. MCCONNELL (for Mr. THUNE (for ELSON Foundation, and received national recogni- amendment SA 3679 proposed by Mr. MCCON- himself and Mr. N )) to the bill H.R. 636, tion for its dedication to future generations; NELL (for Mr. THUNE (for himself and Mr. supra; which was ordered to lie on the table. SA 3706. Ms. CANTWELL submitted an Whereas, every year, mayors, governors, NELSON)) to the bill H.R. 636, supra; which and other private and public officials sign was ordered to lie on the table. amendment intended to be proposed to proclamations and lend support to Take Our SA 3693. Mr. PAUL submitted an amend- amendment SA 3679 proposed by Mr. MCCON- Daughters And Sons To Work Day; ment intended to be proposed to amendment NELL (for Mr. THUNE (for himself and Mr. Whereas the fame of the Take Our Daugh- SA 3679 proposed by Mr. MCCONNELL (for Mr. NELSON)) to the bill H.R. 636, supra; which ters And Sons To Work program has spread THUNE (for himself and Mr. NELSON)) to the was ordered to lie on the table. overseas, with requests and inquiries being bill H.R. 636, supra; which was ordered to lie SA 3707. Mr. MORAN (for himself and Mr. made from around the world on how to oper- on the table. SESSIONS) submitted an amendment intended ate the program; SA 3694. Mr. KAINE submitted an amend- to be proposed to amendment SA 3679 pro- Whereas 2016 marks the 23rd anniversary of ment intended to be proposed to amendment posed by Mr. MCCONNELL (for Mr. THUNE (for the Take Our Daughters And Sons To Work SA 3679 proposed by Mr. MCCONNELL (for Mr. himself and Mr. NELSON)) to the bill H.R. 636, program; THUNE (for himself and Mr. NELSON)) to the supra; which was ordered to lie on the table. Whereas Take Our Daughters And Sons to bill H.R. 636, supra; which was ordered to lie SA 3708. Mr. MORAN submitted an amend- Work Day will be observed on Thursday, on the table. ment intended to be proposed to amendment April 28, 2016; and SA 3695. Mr. MARKEY submitted an SA 3679 proposed by Mr. MCCONNELL (for Mr. Whereas, by offering opportunities for chil- amendment intended to be proposed to THUNE (for himself and Mr. NELSON)) to the dren to experience activities and events, amendment SA 3679 proposed by Mr. MCCON- bill H.R. 636, supra; which was ordered to lie Take Our Daughters And Sons To Work Day NELL (for Mr. THUNE (for himself and Mr. on the table. is intended to continue helping millions of NELSON)) to the bill H.R. 636, supra; which SA 3709. Mr. THUNE submitted an amend- girls and boys on an annual basis to examine was ordered to lie on the table. ment intended to be proposed to amendment their opportunities and strive to reach their SA 3696. Mr. REED submitted an amend- SA 3679 proposed by Mr. MCCONNELL (for Mr. fullest potential: Now, therefore, be it ment intended to be proposed to amendment THUNE (for himself and Mr. NELSON)) to the Resolved, That the Senate— SA 3679 proposed by Mr. MCCONNELL (for Mr. bill H.R. 636, supra; which was ordered to lie (1) recognizes the goals of introducing our THUNE (for himself and Mr. NELSON)) to the on the table. daughters and sons to the workplace; and bill H.R. 636, supra; which was ordered to lie SA 3710. Mr. JOHNSON (for himself, Mr. (2) commends all participants of Take Our on the table. LEAHY, Ms. MURKOWSKI, and Mr. SCHUMER) Daughters And Sons To Work Day for the— SA 3697. Mr. REED submitted an amend- submitted an amendment intended to be pro- (A) ongoing contributions that the partici- ment intended to be proposed to amendment posed to amendment SA 3679 proposed by Mr. pants make to education; and SA 3679 proposed by Mr. MCCONNELL (for Mr. MCCONNELL (for Mr. THUNE (for himself and (B) vital role that the participants play in THUNE (for himself and Mr. NELSON)) to the Mr. NELSON)) to the bill H.R. 636, supra; promoting and ensuring a brighter, stronger bill H.R. 636, supra; which was ordered to lie which was ordered to lie on the table. SA 3711. Mrs. GILLIBRAND (for herself and future for the United States. on the table. SA 3698. Mrs. MURRAY (for herself and Ms. Mr. SCHUMER) submitted an amendment in- f CANTWELL) submitted an amendment in- tended to be proposed to amendment SA 3679 AMENDMENTS SUBMITTED AND tended to be proposed to amendment SA 3679 proposed by Mr. MCCONNELL (for Mr. THUNE PROPOSED proposed by Mr. MCCONNELL (for Mr. THUNE (for himself and Mr. NELSON)) to the bill H.R. (for himself and Mr. NELSON)) to the bill H.R. 636, supra; which was ordered to lie on the SA 3685. Mr. HELLER (for himself and Mr. 636, supra; which was ordered to lie on the table. REID) submitted an amendment intended to table. SA 3712. Mrs. GILLIBRAND (for herself and be proposed to amendment SA 3679 proposed SA 3699. Mrs. MURRAY (for herself and Ms. Mr. SCHUMER) submitted an amendment in- by Mr. MCCONNELL (for Mr. THUNE (for him- CANTWELL) submitted an amendment in- tended to be proposed to amendment SA 3679 self and Mr. NELSON)) to the bill H.R. 636, to tended to be proposed to amendment SA 3679 proposed by Mr. MCCONNELL (for Mr. THUNE amend the Internal Revenue Code of 1986 to proposed by Mr. MCCONNELL (for Mr. THUNE (for himself and Mr. NELSON)) to the bill H.R. permanently extend increased expensing lim- (for himself and Mr. NELSON)) to the bill H.R. 636, supra; which was ordered to lie on the itations, and for other purposes; which was 636, supra; which was ordered to lie on the table. ordered to lie on the table. table. SA 3713. Mrs. GILLIBRAND (for herself and SA 3686. Mr. KAINE (for himself, Mr. WAR- SA 3700. Mrs. MURRAY (for herself and Ms. Mr. SCHUMER) submitted an amendment in- NER, and Mr. FLAKE) submitted an amend- CANTWELL) submitted an amendment in- tended to be proposed to amendment SA 3679

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proposed by Mr. MCCONNELL (for Mr. THUNE SA 3727. Ms. CANTWELL (for herself and amendment intended to be proposed to (for himself and Mr. NELSON)) to the bill H.R. Mrs. MURRAY) submitted an amendment in- amendment SA 3679 proposed by Mr. MCCON- 636, supra; which was ordered to lie on the tended to be proposed to amendment SA 3679 NELL (for Mr. THUNE (for himself and Mr. table. proposed by Mr. MCCONNELL (for Mr. THUNE NELSON)) to the bill H.R. 636, supra; which SA 3714. Ms. HEITKAMP (for herself and (for himself and Mr. NELSON)) to the bill H.R. was ordered to lie on the table. Mr. INHOFE) submitted an amendment in- 636, supra; which was ordered to lie on the SA 3742. Ms. HIRONO (for herself, Ms. MUR- tended to be proposed to amendment SA 3679 table. KOWSKI, Mr. SCHATZ, and Mr. SULLIVAN) sub- proposed by Mr. MCCONNELL (for Mr. THUNE SA 3728. Ms. CANTWELL (for herself, Mrs. mitted an amendment intended to be pro- (for himself and Mr. NELSON)) to the bill H.R. MURRAY, Mr. BLUMENTHAL, and Mr. MARKEY) posed to amendment SA 3679 proposed by Mr. 636, supra; which was ordered to lie on the submitted an amendment intended to be pro- MCCONNELL (for Mr. THUNE (for himself and table. posed to amendment SA 3679 proposed by Mr. Mr. NELSON)) to the bill H.R. 636, supra; SA 3715. Ms. HEITKAMP submitted an MCCONNELL (for Mr. THUNE (for himself and which was ordered to lie on the table. amendment intended to be proposed to Mr. NELSON)) to the bill H.R. 636, supra; SA 3743. Mr. INHOFE submitted an amend- amendment SA 3679 proposed by Mr. MCCON- which was ordered to lie on the table. ment intended to be proposed to amendment NELL (for Mr. THUNE (for himself and Mr. SA 3729. Mr. VITTER submitted an amend- SA 3679 proposed by Mr. MCCONNELL (for Mr. NELSON)) to the bill H.R. 636, supra; which ment intended to be proposed to amendment THUNE (for himself and Mr. NELSON)) to the was ordered to lie on the table. SA 3679 proposed by Mr. MCCONNELL (for Mr. bill H.R. 636, supra; which was ordered to lie SA 3716. Ms. CANTWELL (for herself and THUNE (for himself and Mr. NELSON)) to the on the table. Mr. ISAKSON) submitted an amendment in- bill H.R. 636, supra; which was ordered to lie SA 3744. Mr. INHOFE submitted an amend- tended to be proposed to amendment SA 3679 on the table. ment intended to be proposed to amendment proposed by Mr. MCCONNELL (for Mr. THUNE SA 3730. Mr. VITTER submitted an amend- SA 3679 proposed by Mr. MCCONNELL (for Mr. (for himself and Mr. NELSON)) to the bill H.R. ment intended to be proposed to amendment THUNE (for himself and Mr. NELSON)) to the 636, supra; which was ordered to lie on the SA 3679 proposed by Mr. MCCONNELL (for Mr. bill H.R. 636, supra; which was ordered to lie table. THUNE (for himself and Mr. NELSON)) to the on the table. SA 3717. Mr. CASSIDY submitted an bill H.R. 636, supra; which was ordered to lie SA 3745. Mr. INHOFE submitted an amend- amendment intended to be proposed to on the table. ment intended to be proposed to amendment SA 3731. Mrs. BOXER submitted an amend- SA 3679 proposed by Mr. MCCONNELL (for Mr. amendment SA 3679 proposed by Mr. MCCON- ment intended to be proposed to amendment THUNE (for himself and Mr. NELSON)) to the NELL (for Mr. THUNE (for himself and Mr. SA 3679 proposed by Mr. MCCONNELL (for Mr. bill H.R. 636, supra; which was ordered to lie NELSON)) to the bill H.R. 636, supra; which THUNE (for himself and Mr. NELSON)) to the on the table. was ordered to lie on the table. SA 3746. Mr. INHOFE submitted an amend- SA 3718. Mr. CARPER (for himself, Mr. bill H.R. 636, supra; which was ordered to lie on the table. ment intended to be proposed to amendment SCHUMER, Mr. WYDEN, and Mr. COONS) sub- SA 3732. Mr. BOOKER (for himself, Mr. SA 3679 proposed by Mr. MCCONNELL (for Mr. mitted an amendment intended to be pro- DAINES, and Mr. HELLER) submitted an THUNE (for himself and Mr. NELSON)) to the posed to amendment SA 3679 proposed by Mr. amendment intended to be proposed to bill H.R. 636, supra; which was ordered to lie MCCONNELL (for Mr. THUNE (for himself and amendment SA 3679 proposed by Mr. MCCON- on the table. Mr. NELSON)) to the bill H.R. 636, supra; NELL (for Mr. THUNE (for himself and Mr. SA 3747. Mr. INHOFE (for himself and Mr. which was ordered to lie on the table. NELSON)) to the bill H.R. 636, supra; which BROWN) submitted an amendment intended SA 3719. Mr. MANCHIN submitted an was ordered to lie on the table. to be proposed to amendment SA 3679 pro- amendment intended to be proposed to SA 3733. Mr. HOEVEN (for himself and Mr. posed by Mr. MCCONNELL (for Mr. THUNE (for amendment SA 3679 proposed by Mr. MCCON- WYDEN) submitted an amendment intended himself and Mr. NELSON)) to the bill H.R. 636, NELL (for Mr. THUNE (for himself and Mr. to be proposed to amendment SA 3679 pro- supra; which was ordered to lie on the table. NELSON)) to the bill H.R. 636, supra; which posed by Mr. MCCONNELL (for Mr. THUNE (for SA 3748. Mr. INHOFE submitted an amend- was ordered to lie on the table. himself and Mr. NELSON)) to the bill H.R. 636, ment intended to be proposed to amendment SA 3720. Mrs. SHAHEEN submitted an supra; which was ordered to lie on the table. SA 3679 proposed by Mr. MCCONNELL (for Mr. amendment intended to be proposed to SA 3734. Mr. BROWN (for himself and Mr. THUNE (for himself and Mr. NELSON)) to the amendment SA 3679 proposed by Mr. MCCON- PORTMAN) submitted an amendment intended bill H.R. 636, supra; which was ordered to lie NELL (for Mr. THUNE (for himself and Mr. to be proposed to amendment SA 3679 pro- on the table. NELSON)) to the bill H.R. 636, supra; which posed by Mr. MCCONNELL (for Mr. THUNE (for SA 3749. Mr. MENENDEZ submitted an was ordered to lie on the table. himself and Mr. NELSON)) to the bill H.R. 636, amendment intended to be proposed to SA 3721. Mr. HOEVEN submitted an supra; which was ordered to lie on the table. amendment SA 3679 proposed by Mr. MCCON- amendment intended to be proposed to SA 3735. Mr. SASSE submitted an amend- NELL (for Mr. THUNE (for himself and Mr. amendment SA 3679 proposed by Mr. MCCON- ment intended to be proposed to amendment NELSON)) to the bill H.R. 636, supra; which NELL (for Mr. THUNE (for himself and Mr. SA 3679 proposed by Mr. MCCONNELL (for Mr. was ordered to lie on the table. NELSON)) to the bill H.R. 636, supra; which THUNE (for himself and Mr. NELSON)) to the SA 3750. Mrs. McCASKILL submitted an was ordered to lie on the table. bill H.R. 636, supra; which was ordered to lie amendment intended to be proposed to SA 3722. Mr. RUBIO submitted an amend- on the table. amendment SA 3679 proposed by Mr. MCCON- ment intended to be proposed to amendment SA 3736. Mr. WARNER (for himself and Mr. NELL (for Mr. THUNE (for himself and Mr. SA 3679 proposed by Mr. MCCONNELL (for Mr. INHOFE) submitted an amendment intended NELSON)) to the bill H.R. 636, supra; which THUNE (for himself and Mr. NELSON)) to the to be proposed to amendment SA 3679 pro- was ordered to lie on the table. bill H.R. 636, supra; which was ordered to lie posed by Mr. MCCONNELL (for Mr. THUNE (for SA 3751. Mrs. McCASKILL submitted an on the table. himself and Mr. NELSON)) to the bill H.R. 636, amendment intended to be proposed to SA 3723. Ms. MURKOWSKI (for herself and supra; which was ordered to lie on the table. amendment SA 3679 proposed by Mr. MCCON- Mr. SULLIVAN) submitted an amendment in- SA 3737. Mr. KIRK (for himself and Mr. NELL (for Mr. THUNE (for himself and Mr. tended to be proposed to amendment SA 3679 HATCH) submitted an amendment intended to NELSON)) to the bill H.R. 636, supra; which proposed by Mr. MCCONNELL (for Mr. THUNE be proposed to amendment SA 3679 proposed was ordered to lie on the table. (for himself and Mr. NELSON)) to the bill H.R. by Mr. MCCONNELL (for Mr. THUNE (for him- SA 3752. Ms. AYOTTE (for herself and Ms. 636, supra; which was ordered to lie on the self and Mr. NELSON)) to the bill H.R. 636, HEITKAMP) submitted an amendment in- table. supra; which was ordered to lie on the table. tended to be proposed to amendment SA 3679 SA 3724. Ms. MURKOWSKI (for herself and SA 3738. Mr. VITTER submitted an amend- proposed by Mr. MCCONNELL (for Mr. THUNE Mr. SULLIVAN) submitted an amendment in- ment intended to be proposed to amendment (for himself and Mr. NELSON)) to the bill H.R. tended to be proposed to amendment SA 3679 SA 3679 proposed by Mr. MCCONNELL (for Mr. 636, supra; which was ordered to lie on the proposed by Mr. MCCONNELL (for Mr. THUNE THUNE (for himself and Mr. NELSON)) to the table. (for himself and Mr. NELSON)) to the bill H.R. bill H.R. 636, supra; which was ordered to lie SA 3753. Mr. HOEVEN (for himself and Mr. 636, supra; which was ordered to lie on the on the table. TESTER) submitted an amendment intended table. SA 3739. Mr. ROUNDS (for himself and Mr. to be proposed to amendment SA 3679 pro- SA 3725. Mr. FLAKE submitted an amend- LEE) submitted an amendment intended to posed by Mr. MCCONNELL (for Mr. THUNE (for ment intended to be proposed to amendment be proposed to amendment SA 3679 proposed himself and Mr. NELSON)) to the bill H.R. 636, SA 3679 proposed by Mr. MCCONNELL (for Mr. by Mr. MCCONNELL (for Mr. THUNE (for him- supra; which was ordered to lie on the table. THUNE (for himself and Mr. NELSON)) to the self and Mr. NELSON)) to the bill H.R. 636, SA 3754. Mr. HATCH submitted an amend- bill H.R. 636, supra; which was ordered to lie supra; which was ordered to lie on the table. ment intended to be proposed to amendment on the table. SA 3740. Ms. HIRONO (for herself and Mr. SA 3679 proposed by Mr. MCCONNELL (for Mr. SA 3726. Ms. CANTWELL (for herself, Mrs. DAINES) submitted an amendment intended THUNE (for himself and Mr. NELSON)) to the MURRAY, and Ms. HIRONO) submitted an to be proposed to amendment SA 3679 pro- bill H.R. 636, supra; which was ordered to lie amendment intended to be proposed to posed by Mr. MCCONNELL (for Mr. THUNE (for on the table. amendment SA 3679 proposed by Mr. MCCON- himself and Mr. NELSON)) to the bill H.R. 636, SA 3755. Ms. WARREN submitted an NELL (for Mr. THUNE (for himself and Mr. supra; which was ordered to lie on the table. amendment intended to be proposed to NELSON)) to the bill H.R. 636, supra; which SA 3741. Ms. HIRONO (for herself, Mr. amendment SA 3679 proposed by Mr. MCCON- was ordered to lie on the table. DAINES, and Mr. TESTER) submitted an NELL (for Mr. THUNE (for himself and Mr.

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NELSON)) to the bill H.R. 636, supra; which amendment SA 3679 proposed by Mr. MCCON- NELL (for Mr. THUNE (for himself and Mr. was ordered to lie on the table. NELL (for Mr. THUNE (for himself and Mr. NELSON)) to the bill H.R. 636, supra; which SA 3756. Mr. WHITEHOUSE submitted an NELSON)) to the bill H.R. 636, supra; which was ordered to lie on the table. amendment intended to be proposed to was ordered to lie on the table. SA 3785. Mr. WARNER (for himself and Mr. amendment SA 3679 proposed by Mr. MCCON- SA 3771. Mr. BLUMENTHAL submitted an KAINE) submitted an amendment intended to NELL (for Mr. THUNE (for himself and Mr. amendment intended to be proposed to be proposed to amendment SA 3679 proposed NELSON)) to the bill H.R. 636, supra; which amendment SA 3679 proposed by Mr. MCCON- by Mr. MCCONNELL (for Mr. THUNE (for him- was ordered to lie on the table. NELL (for Mr. THUNE (for himself and Mr. self and Mr. NELSON)) to the bill H.R. 636, SA 3757. Mr. BROWN submitted an amend- NELSON)) to the bill H.R. 636, supra; which supra; which was ordered to lie on the table. ment intended to be proposed to amendment was ordered to lie on the table. SA 3786. Mr. NELSON submitted an amend- SA 3679 proposed by Mr. MCCONNELL (for Mr. SA 3772. Mr. BLUMENTHAL submitted an ment intended to be proposed by him to the THUNE (for himself and Mr. NELSON)) to the amendment intended to be proposed to bill H.R. 636, supra; which was ordered to lie bill H.R. 636, supra; which was ordered to lie amendment SA 3679 proposed by Mr. MCCON- on the table. on the table. NELL (for Mr. THUNE (for himself and Mr. SA 3758. Mr. TESTER (for himself and Mr. SA 3787. Mr. PAUL submitted an amend- NELSON)) to the bill H.R. 636, supra; which ment intended to be proposed by him to the DAINES) submitted an amendment intended was ordered to lie on the table. to be proposed to amendment SA 3679 pro- bill S. 2012, to provide for the modernization SA 3773. Mr. BLUMENTHAL submitted an of the energy policy of the United States, posed by Mr. MCCONNELL (for Mr. THUNE (for amendment intended to be proposed to himself and Mr. NELSON)) to the bill H.R. 636, and for other purposes; which was ordered to amendment SA 3679 proposed by Mr. MCCON- lie on the table. supra; which was ordered to lie on the table. NELL (for Mr. THUNE (for himself and Mr. SA 3759. Mr. BLUMENTHAL (for himself, SA 3788. Mr. INHOFE (for Mr. CASEY) pro- NELSON)) to the bill H.R. 636, supra; which Mr. LEAHY, Mr. MARKEY, and Ms. BALDWIN) posed an amendment to the bill H.R. 1493, to was ordered to lie on the table. protect and preserve international cultural submitted an amendment intended to be pro- SA 3774. Mr. BLUMENTHAL submitted an property at risk due to political instability, posed to amendment SA 3679 proposed by Mr. amendment intended to be proposed to MCCONNELL (for Mr. THUNE (for himself and armed conflict, or natural or other disasters, amendment SA 3679 proposed by Mr. MCCON- Mr. NELSON)) to the bill H.R. 636, supra; and for other purposes. NELL (for Mr. THUNE (for himself and Mr. which was ordered to lie on the table. NELSON)) to the bill H.R. 636, supra; which SA 3760. Mr. BLUMENTHAL submitted an was ordered to lie on the table. f amendment intended to be proposed to SA 3775. Mr. BLUMENTHAL submitted an amendment SA 3679 proposed by Mr. MCCON- amendment intended to be proposed to NELL (for Mr. THUNE (for himself and Mr. TEXT OF AMENDMENTS amendment SA 3679 proposed by Mr. MCCON- NELSON)) to the bill H.R. 636, supra; which NELL (for Mr. THUNE (for himself and Mr. SA 3685. Mr. HELLER (for himself was ordered to lie on the table. NELSON)) to the bill H.R. 636, supra; which SA 3761. Mr. BLUMENTHAL submitted an and Mr. REID) submitted an amend- was ordered to lie on the table. amendment intended to be proposed to ment intended to be proposed to SA 3776. Mr. BLUMENTHAL (for himself amendment SA 3679 proposed by Mr. MCCON- amendment SA 3679 proposed by Mr. and Mr. MARKEY) submitted an amendment NELL (for Mr. THUNE (for himself and Mr. MCCONNELL (for Mr. THUNE (for himself intended to be proposed to amendment SA NELSON)) to the bill H.R. 636, supra; which and Mr. NELSON)) to the bill H.R. 636, 3679 proposed by Mr. MCCONNELL (for Mr. was ordered to lie on the table. THUNE (for himself and Mr. NELSON)) to the to amend the Internal Revenue Code of SA 3762. Mr. BLUMENTHAL submitted an 1986 to permanently extend increased amendment intended to be proposed to bill H.R. 636, supra; which was ordered to lie on the table. expensing limitations, and for other amendment SA 3679 proposed by Mr. MCCON- SA 3777. Mr. BLUMENTHAL submitted an NELL (for Mr. THUNE (for himself and Mr. purposes; which was ordered to lie on amendment intended to be proposed to NELSON)) to the bill H.R. 636, supra; which the table; as follows: amendment SA 3679 proposed by Mr. MCCON- was ordered to lie on the table. At the end of title V, add the following: SA 3763. Mr. BLUMENTHAL submitted an NELL (for Mr. THUNE (for himself and Mr. NELSON)) to the bill H.R. 636, supra; which SEC. 5037. EXPANSION OF ALLOWABLE COSTS amendment intended to be proposed to UNDER PORT OF ENTRY PARTNER- amendment SA 3679 proposed by Mr. MCCON- was ordered to lie on the table. SA 3778. Mr. BLUMENTHAL submitted an SHIP PILOT PROGRAM. NELL (for Mr. THUNE (for himself and Mr. amendment intended to be proposed to (a) IN GENERAL.—Section 559(e)(3) of the NELSON)) to the bill H.R. 636, supra; which Department of Homeland Security Appro- was ordered to lie on the table. amendment SA 3679 proposed by Mr. MCCON- NELL (for Mr. THUNE (for himself and Mr. priations Act, 2014 (division F of Public Law SA 3764. Mr. BLUMENTHAL submitted an 113–76; 6 U.S.C. 211 note) is amended— amendment intended to be proposed to NELSON)) to the bill H.R. 636, supra; which was ordered to lie on the table. (1) by amending subparagraph (B) to read amendment SA 3679 proposed by Mr. MCCON- as follows: NELL HUNE SA 3779. Mr. CORNYN (for himself, Mr. (for Mr. T (for himself and Mr. ‘‘(B) FOR CERTAIN COSTS.—The authority NELSON)) to the bill H.R. 636, supra; which FLAKE, Mr. HELLER, and Mr. MCCAIN) sub- mitted an amendment intended to be pro- found in this subsection may only be used at was ordered to lie on the table. U.S. Customs and Border Protection-serviced SA 3765. Mr. BLUMENTHAL submitted an posed to amendment SA 3679 proposed by Mr. air ports of entry to enter into reimbursable amendment intended to be proposed to MCCONNELL (for Mr. THUNE (for himself and fee agreements for— amendment SA 3679 proposed by Mr. MCCON- Mr. NELSON)) to the bill H.R. 636, supra; ‘‘(i) salaries and expenses of not more than NELL (for Mr. THUNE (for himself and Mr. which was ordered to lie on the table. 5 full-time equivalent U.S. Customs and Bor- NELSON)) to the bill H.R. 636, supra; which SA 3780. Mr. NELSON submitted an amend- der Protection officers; was ordered to lie on the table. ment intended to be proposed to amendment SA 3766. Mr. BLUMENTHAL submitted an SA 3679 proposed by Mr. MCCONNELL (for Mr. ‘‘(ii) costs incurred by U.S. Customs and amendment intended to be proposed to THUNE (for himself and Mr. NELSON)) to the Border Protection for the payment of over- time to employees; amendment SA 3679 proposed by Mr. MCCON- bill H.R. 636, supra; which was ordered to lie ‘‘(iii) the salaries and expenses of individ- NELL (for Mr. THUNE (for himself and Mr. on the table. uals employed by U.S. Customs and Border NELSON)) to the bill H.R. 636, supra; which SA 3781. Ms. KLOBUCHAR submitted an was ordered to lie on the table. amendment intended to be proposed to Protection to support U.S. Customs and Bor- SA 3767. Mr. BLUMENTHAL submitted an amendment SA 3679 proposed by Mr. MCCON- der Protection officers in performing law en- amendment intended to be proposed to NELL (for Mr. THUNE (for himself and Mr. forcement functions at ports of entry, in- amendment SA 3679 proposed by Mr. MCCON- NELSON)) to the bill H.R. 636, supra; which cluding primary and secondary processing of NELL (for Mr. THUNE (for himself and Mr. was ordered to lie on the table. passengers; and NELSON)) to the bill H.R. 636, supra; which SA 3782. Ms. KLOBUCHAR (for herself and ‘‘(iv) other costs incurred by U.S. Customs was ordered to lie on the table. Mr. FRANKEN) submitted an amendment in- and Border Protection relating to services SA 3768. Mr. BLUMENTHAL submitted an tended to be proposed to amendment SA 3679 described in paragraph (2), such as tem- amendment intended to be proposed to proposed by Mr. MCCONNELL (for Mr. THUNE porary placement or permanent relocation of amendment SA 3679 proposed by Mr. MCCON- (for himself and Mr. NELSON)) to the bill H.R. such individuals.’’; and NELL (for Mr. THUNE (for himself and Mr. 636, supra; which was ordered to lie on the (2) by striking subparagraph (D). NELSON)) to the bill H.R. 636, supra; which table. (b) TRANSITION RULE.—The Commissioner was ordered to lie on the table. SA 3783. Mr. BROWN submitted an amend- of U.S. Customs and Border Protection may SA 3769. Mr. BLUMENTHAL submitted an ment intended to be proposed to amendment modify a reimbursable fee agreement entered amendment intended to be proposed to SA 3679 proposed by Mr. MCCONNELL (for Mr. into under section 559 of the Department of amendment SA 3679 proposed by Mr. MCCON- THUNE (for himself and Mr. NELSON)) to the Homeland Security Appropriations Act, 2014 NELL (for Mr. THUNE (for himself and Mr. bill H.R. 636, supra; which was ordered to lie (division F of Public Law 113–76; 6 U.S.C. 211 NELSON)) to the bill H.R. 636, supra; which on the table. note), as in effect on the day before the date was ordered to lie on the table. SA 3784. Mr. PERDUE submitted an of the enactment of this Act, to include costs SA 3770. Mr. BLUMENTHAL submitted an amendment intended to be proposed to specified in subsection (e)(3)(B) of that sec- amendment intended to be proposed to amendment SA 3679 proposed by Mr. MCCON- tion, as amended by subsection (a).

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EXPANSION OF ALLOWABLE COSTS amendment intended to be proposed to ‘‘(A) IN GENERAL.—The term ‘qualified UNDER CERTAIN REIMBURSABLE small wind energy property’ means— SERVICES AGREEMENTS. amendment SA 3679 proposed by Mr. MCCONNELL (for Mr. THUNE (for himself ‘‘(i) property which uses a qualifying small (a) IN GENERAL.—Section 560(g) of the De- wind turbine to generate electricity, or and Mr. NELSON)) to the bill H.R. 636, partment of Homeland Security Appropria- ‘‘(ii) property which uses 1 or more wind tions Act, 2013 (division D of Public Law 113– to amend the Internal Revenue Code of turbines with an aggregate nameplate capac- 6; 127 Stat. 380) is amended to read as follows: 1986 to permanently extend increased ity of more than 100 kilowatts but not more ‘‘(g) The authority found in this section expensing limitations, and for other than 20 megawatts.’’, may be used only at U.S. Customs and Bor- purposes; which was ordered to lie on der Protection-serviced air ports of entry to (2) by redesignating subparagraph (C) as enter into reimbursable fee agreements for— the table; as follows: subparagraph (D) and by inserting after sub- ‘‘(1) salaries and expenses of not more than At the appropriate place, insert the fol- paragraph (B) the following new subpara- 5 full-time equivalent U.S. Customs and Bor- lowing: graph: der Protection officers; SEC. lll. EXTENSION OF ADVANCED BIOFUEL ‘‘(C) REGULATIONS.—The Secretary shall ‘‘(2) costs incurred by U.S. Customs and TAX INCENTIVES. prescribe such regulations as may be appro- Border Protection for payment of overtime (a) EXTENSION OF SECOND GENERATION priate to prevent improper division of prop- to employees; BIOFUEL PRODUCER CREDIT.— erty to attempt to meet the limitation under ‘‘(3) the salaries and expenses of individ- (1) IN GENERAL.—Section 40(b)(6)(J)(i) of subparagraph (A)(ii).’’, and uals employed by U.S. Customs and Border the Internal Revenue Code of 1986 is amended (3) in subparagraph (D), as redesignated by Protection to support U.S. Customs and Bor- by striking ‘‘January 1, 2017’’ and inserting paragraph (2), by striking ‘‘December 31, der Protection officers in performing law en- ‘‘January 1, 2020’’. 2016’’ and inserting ‘‘December 31, 2021’’. forcement functions at ports of entry, in- (2) EFFECTIVE DATE.—The amendment (c) DENIAL OF PRODUCTION CREDIT.—Para- cluding primary and secondary processing of made by this subsection shall apply to quali- graph (1) of section 45(d) of the Internal Rev- passengers; and fied second generation biofuel production enue Code of 1986 is amended by striking the ‘‘(4) other costs incurred by U.S. Customs after the date of the enactment of this Act. period at the end and inserting ‘‘or any facil- and Border Protection relating to U.S. Cus- (b) EXTENSION OF SPECIAL ALLOWANCE FOR ity which is a qualified small wind energy toms and Border Protection services, such as SECOND GENERATION BIOFUEL PLANT PROP- property described in section 48(c)(4)(A)(ii) temporary placement or permanent reloca- ERTY.— with respect to which the credit under sec- tion of such individuals.’’. (1) IN GENERAL.—Section 168(l)(2)(D) of the tion 48 is allowable.’’. (b) TRANSITION RULE.—The Commissioner Internal Revenue Code of 1986 is amended by (d) EFFECTIVE DATE.—The amendments of U.S. Customs and Border Protection may striking ‘‘January 1, 2017’’ and inserting made by this section shall apply to property modify a reimbursable fee agreement entered ‘‘January 1, 2020’’. placed in service after the date of the enact- into under section 560 of the Department of (2) EFFECTIVE DATE.—The amendment ment of this Act. Homeland Security Appropriations Act, 2013 made by this subsection shall apply to prop- (division D of Public Law 113–6; 127 Stat. 378), erty placed in service after the date of the SA 3690. Mr. NELSON submitted an as in effect on the day before the date of the enactment of this Act. amendment intended to be proposed to enactment of this Act, to include costs speci- (c) EXTENSION OF EXCISE TAX INCENTIVES amendment SA 3679 proposed by Mr. FOR ALTERNATIVE FUELS.— fied in subsection (g) of that section, as MCCONNELL (for Mr. THUNE (for himself amended by subsection (a). (1) IN GENERAL.—Section 6426 of the Inter- nal Revenue Code of 1986 is amended— and Mr. NELSON)) to the bill H.R. 636, SA 3686. Mr. KAINE (for himself, Mr. (A) in subsection (d)(5), by striking ‘‘De- to amend the Internal Revenue Code of WARNER, and Mr. FLAKE) submitted an cember 31, 2016’’ and inserting ‘‘December 31, 1986 to permanently extend increased amendment intended to be proposed to 2019’’, and expensing limitations, and for other amendment SA 3679 proposed by Mr. (B) in subsection (e)(3), by striking ‘‘De- purposes; which was ordered to lie on cember 31, 2016’’ and inserting ‘‘December 31, MCCONNELL (for Mr. THUNE (for himself the table; as follows: 2019’’. and Mr. NELSON)) to the bill H.R. 636, At the end of subtitle C of title I, add the (2) PAYMENTS.—Section 6427(e)(6)(C) of such following: to amend the Internal Revenue Code of Code is amended by striking ‘‘December 31, 1986 to permanently extend increased 2016’’ and inserting ‘‘December 31, 2019’’. SEC. 1305. AIRPORT VEHICLE EMISSIONS. expensing limitations, and for other (3) EFFECTIVE DATE.—The amendments Section 40117(a)(3)(G) is amended to read as purposes; which was ordered to lie on made by this paragraph shall apply to fuel follows: the table; as follows: sold or used after the date of the enactment ‘‘(G) A project to reduce emissions under subchapter I of chapter 471 or to use cleaner At the appropriate place, insert the fol- of this Act. lowing: (d) EXTENSION OF CREDIT FOR ALTERNATIVE burning conventional fuels, or for acquiring for use at a commercial service airport vehi- SEC. lll. OBSTRUCTION EVALUATION AERO- FUEL VEHICLE REFUELING PROPERTY.— NAUTICAL STUDIES. (1) IN GENERAL.—Section 30C(g) of the In- cles or ground support equipment that in- The Secretary of Transportation may im- ternal Revenue Code of 1986 is amended by clude low-emission technology or use cleaner plement the policy set forth in the notice of striking ‘‘December 31, 2016’’ and inserting burning fuels, or if the airport is located in proposed policy entitled ‘‘Proposal To Con- ‘‘December 31, 2019’’. an air quality nonattainment area (as de- sider the Impact of One Engine Inoperative (2) EFFECTIVE DATE.—The amendment fined in section 171(2) of the Clean Air Act (42 Procedures in Obstruction Evaluation Aero- made by this subsection shall apply to prop- U.S.C. 7501(2))) or a maintenance area re- nautical 7 Studies’’ published by the Depart- erty placed in service after the date of the ferred to in section 175A of such Act (42 ment of Transportation on April 28, 2014 (79 enactment of this Act. U.S.C. 7505a), a project to retrofit any such Fed. Reg. 23300), only if the policy is adopted vehicles or equipment that are powered by a pursuant to a notice and comment rule- SA 3689. Mr. FRANKEN submitted an diesel or gasoline engine with emission con- making. amendment intended to be proposed to trol technologies certified or verified by the amendment SA 3679 proposed by Mr. Environmental Protection Agency to reduce SA 3687. Mr. KAINE submitted an MCCONNELL (for Mr. THUNE (for himself emissions, if such project would be able to receive emission credits for the project from amendment intended to be proposed to and Mr. NELSON)) to the bill H.R. 636, the governing State or Federal environ- amendment SA 3679 proposed by Mr. to amend the Internal Revenue Code of MCCONNELL (for Mr. THUNE (for himself mental agency as described in section 1986 to permanently extend increased 47139.’’. and Mr. NELSON)) to the bill H.R. 636, expensing limitations, and for other to amend the Internal Revenue Code of purposes; which was ordered to lie on Mr. MARKEY (for himself, 1986 to permanently extend increased SA 3691. the table; as follows: Mr. BLUMENTHAL, and Ms. KLOBUCHAR) expensing limitations, and for other At the appropriate place, insert the fol- submitted an amendment intended to purposes; which was ordered to lie on lowing: the table; as follows: be proposed to amendment SA 3679 pro- SEC. lll. INVESTMENT TAX CREDIT FOR COM- posed by Mr. MCCONNELL (for Mr. On page 158, line 8, strike ‘‘an inspection or MUNITY WIND PROJECTS HAVING other investigation’’ and insert ‘‘an accident GENERATION CAPACITY OF NOT THUNE (for himself and Mr. NELSON)) to finding, inspection, or other investigation’’. MORE THAN 20 MEGAWATTS. the bill H.R. 636, to amend the Internal On page 159, line 17, strike ‘‘an inspection (a) SHORT TITLE.—This section may be Revenue Code of 1986 to permanently or other investigation’’ and insert ‘‘an acci- cited as the ‘‘Distributed and Community extend increased expensing limita- dent finding, inspection, or other investiga- Wind Energy Act’’. tions, and for other purposes; which tion’’. (b) IN GENERAL.—Paragraph (4) of section Strike section 5013. 48(c) of the Internal Revenue Code of 1986 is was ordered to lie on the table; as fol- amended— lows: SA 3688. Mr. FRANKEN (for himself (1) by striking subparagraph (A) and in- At the appropriate place, insert the fol- and Mr. GRASSLEY) submitted an serting the following new subparagraph: lowing:

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AUTHORITY FOR LAW ENFORCEMENT (1) AIR CARRIER.—The term ‘‘air carrier’’ (1) by striking ‘‘The training of’’ and in- means any air carrier that holds an air car- OFFICERS AND EXPLOSIVE DETEC- TION CANINES AT AIRPORTS. serting the following: rier certificate under section 41101 of title 49, ‘‘(I) IN GENERAL.—The training of’’; and United States Code. (a) IN GENERAL.—The Administration of the Transportation Security Administration (2) by adding at the end the following: (2) INTERSTATE AIR TRANSPORTATION.—The shall require that the air transportation se- ‘‘(II) ACCESS TO TRAINING FACILITIES.—Not term ‘‘interstate air transportation’’ has the later than 180 days after the date of the en- meaning given that term in section 40102 of curity program required by section 44903(c)(1) of title 49, United States Code, for actment of the Arm All Pilots Act of 2016, title 49, United States Code. each covered airport include the following: the Secretary shall— (b) REGULATIONS REQUIRED.—Not later (1) Beginning not more than 30 days after ‘‘(aa) designate 5 additional firearms train- than 270 days after the date of the enactment ing facilities located in various regions of of this Act, the Secretary of Transportation the date of the enactment of this Act, that a State or local law enforcement officer is sta- the United States for Federal flight deck of- shall prescribe regulations— ficers relative to the number of such facili- (1) prohibiting an air carrier from imposing tioned not more than 300 feet from each pas- senger screening checkpoint at each covered ties available on the day before such date of fees described in subsection (c) that are un- enactment; reasonable or disproportional to the costs in- airport. (2) Beginning not more than 180 days after ‘‘(bb) designate firearms training facilities curred by the air carrier; and approved before such date of enactment for (2) establishing standards for assessing the date of the enactment of this Act, that an explosives detection canine team of a recurrent training of Federal flight deck of- whether such fees are reasonable and propor- ficers as facilities approved for initial train- tional to the costs incurred by the air car- State or local law enforcement agency is as- signed to each terminal at each covered air- ing and certification of pilots seeking to be rier. deputized as Federal flight deck officers; and (c) FEES DESCRIBED.—The fees described in port. (b) TECHNICAL SUPPORT.—The Adminis- ‘‘(cc) designate additional firearms train- this subsection are— trator of the Transportation Security Ad- ing facilities for recurrent training of Fed- (1) any fee for a change or cancellation of ministration shall provide technical and eral flight deck officers relative to the num- a reservation for a flight in interstate air other support to State or local law enforce- ber of such facilities available on the day be- transportation; ment agencies providing the personnel de- fore such date of enactment.’’. (2) any fee relating to checked baggage to scribed in paragraph (1) or (2) of subsection be transported on a flight in interstate air (b) FIREARMS REQUALIFICATION FOR FED- (a). transportation; and ERAL FLIGHT DECK OFFICERS.—Section (c) DEFINITIONS.—In this section: (3) any other fee imposed by an air carrier 44921(c)(2)(C)(iii) is amended— (1) CATEGORY I AIRPORT.—The term ‘‘Cat- relating to a flight in interstate air trans- (1) by striking ‘‘The Under Secretary egory I airport’’ means an airport subject to shall’’ and inserting the following: portation. the security program requirements of sec- (d) CONSIDERATIONS.—In establishing the ‘‘(I) IN GENERAL.—The Secretary shall’’; tion 1542.103(a) of title 49, Code of Federal standards required by subsection (b)(2), the (2) in subclause (I), as designated by para- Regulations (or similar successor regula- Secretary shall consider— graph (1), by striking ‘‘the Under Secretary’’ tion), where the aircraft operator or foreign (1) with respect to a fee described in sub- and inserting ‘‘the Secretary, but not more air carrier is subject to section 1544.101(a)(1) section (c)(1) imposed by an air carrier for a frequently than once every 6 months,’’; and or 1546.101(a) of such title (or similar suc- change or cancellation of a flight reserva- (3) by adding at the end the following: cessor regulation) and the number of annual tion— ‘‘(II) USE OF FACILITIES FOR REQUALIFICA- enplanements is 5,000,000 or more and the (A) any net benefit or cost to the air car- TION.—The Secretary shall allow a Federal number of international enplanements is rier from the change or cancellation, taking flight deck officer to requalify to carry a 1,000,000 or more. into consideration— firearm under the program through training (2) CATEGORY X AIRPORT.—The term ‘‘Cat- (i) the ability of the air carrier to antici- at a private or government-owned gun range egory X airport’’ means an airport subject to pate the expected average number of can- certified to provide firearm requalification the security program requirements of sec- cellations and changes and make reserva- training. tion 1542.103(a) of title 49, Code of Federal tions accordingly; ‘‘(III) SELF-REPORTING.—The Secretary Regulations (or similar successor regula- (ii) the ability of the air carrier to fill a shall determine that a Federal flight deck tion), where the aircraft operator or foreign seat made available by a change or cancella- officer has met the requirements to requalify air carrier is subject to section 1544.101(a)(1) tion; to carry a firearm under the program if— or 1546.101(a) of such title (or similar suc- (iii) any difference in the fare likely to be ‘‘(aa) the officer reports to the Secretary cessor regulation) and the number of annual paid for a ticket sold to another passenger that the officer has participated in a suffi- enplanements— for a seat made available by the change or cient number of hours of training to re- (A) is 1,250,000 or more and less than cancellation, as compared to the fare paid by qualify to carry a firearm under the pro- 5,000,000; or the passenger who changed or canceled the gram; and (B) is 5,000,000 or more but the number of passenger’s reservation; and ‘‘(bb) the administrator of the facility at annual international enplanements is less (iv) the likelihood that the passenger which the officer conducted the requalifica- than 1,000,000. changing or cancelling the passenger’s res- tion training verifies that the officer partici- (3) COVERED AIRPORT.—The term ‘‘covered ervation will fill a seat on another flight by pated in that number of hours of training.’’. airport’’ means a Category X airport or a the same air carrier; (c) LIMITATIONS ON TRAINING.—Section Category I airport. 44921(c)(2) is amended by adding at the end (B) the costs of processing the change or (d) FUNDING.—Out of funds made available the following: cancellation electronically; and to the Transportation Security Administra- ‘‘(D) LIMITATIONS ON TRAINING.— (C) any related labor costs; tion for fiscal year 2016, $20,000,000 shall be ‘‘(i) INITIAL TRAINING.—The Secretary may (2) with respect to a fee described in sub- available for State and local law enforce- require— section (c)(2) imposed by an air carrier relat- ment agencies, as a transfer of funds, to ‘‘(I) initial training of not more than 5 ing to checked baggage— train, certify, and utilize explosives detec- days for a pilot to be deputized as a Federal (A) the costs of processing checked bag- tion canines. gage electronically; and flight deck officer; (B) any related labor costs; and SA 3693. Mr. PAUL submitted an ‘‘(II) the pilot to be physically present at (3) any other considerations the Secretary amendment intended to be proposed to the training facility for not more than 2 days of such training; and considers appropriate. amendment SA 3679 proposed by Mr. (e) UPDATED REGULATIONS.—The Secretary ‘‘(III) not more than 3 days of such training shall update the standards required by sub- MCCONNELL (for Mr. THUNE (for himself to be in the form of certified online training section (b)(2) not less frequently than once and Mr. NELSON)) to the bill H.R. 636, administered by the Department of Home- every 3 years. to amend the Internal Revenue Code of land Security. 1986 to permanently extend increased ‘‘(ii) RECURRENT TRAINING.—The Secretary SA 3692. Ms. CANTWELL submitted expensing limitations, and for other may require— an amendment intended to be proposed purposes; which was ordered to lie on ‘‘(I) recurrent training of not more than 2 to amendment SA 3679 proposed by Mr. the table; as follows: days, not more frequently than once every 5 years, for a pilot to maintain deputization as MCCONNELL (for Mr. THUNE (for himself At the end of title II, add the following: a Federal flight deck officer; and Mr. NELSON)) to the bill H.R. 636, Subtitle G—Arm All Pilots Act ‘‘(II) the pilot to be physically present at to amend the Internal Revenue Code of SEC. 2701. SHORT TITLE. the training facility for a full-day training 1986 to permanently extend increased This subtitle may be cited as the ‘‘Arm All session for not more than one day of such expensing limitations, and for other Pilots Act of 2016’’. training; and

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‘‘(III) not more than one day of such train- (1) RULE OF CONSTRUCTION.—Section 44921 is SEC. 2707. TECHNICAL CORRECTIONS. ing to be in the form of certified online amended by adding at the end the following: Section 44921, as amended by this subtitle, training administered by the Department of ‘‘(l) RULE OF CONSTRUCTION.—Nothing in is further amended— Homeland Security.’’. this section shall be construed to require a (1) in subsection (a), by striking ‘‘Under (d) OTHER MEASURES TO FACILITATE TRAIN- Federal flight deck officer to place a firearm Secretary of Transportation for Security’’ ING.—Section 44921(e) is amended— in a locked container, or in any other man- and inserting ‘‘Secretary of Homeland Secu- (1) by striking ‘‘Pilots participating’’ and ner render the firearm unavailable, when the rity’’; inserting the following: cockpit door is opened.’’. (2) in subsection (d)(4), by striking ‘‘may,’’ ‘‘(1) IN GENERAL.—Pilots participating’’; (2) CONFORMING REPEAL.—Section and inserting ‘‘may’’; and 44921(b)(3) is amended— (3) in subsection (i)(2), by striking ‘‘the (2) by adding at the end the following: (A) by striking subparagraph (G); and Under Secretary may’’ and inserting ‘‘may’’; ‘‘(2) FACILITATION OF TRAINING.— (B) by redesignating subparagraphs (H) (4) in subsection (k)— ‘‘(A) TIME OFF FOR TRAINING.—An air car- through (N) as subparagraphs (G) through (A) by striking paragraphs (2) and (3); and rier shall permit a Federal flight deck officer (M), respectively. (B) by striking ‘‘APPLICABILITY’’ and all or a pilot seeking to be deputized as a Fed- (d) REGULATIONS.—Not later than 180 days that follows through ‘‘This section’’ and in- eral flight deck officer to, in consultation after the date of the enactment of this Act, serting ‘‘APPLICABILITY.—This section’’; with the air carrier, take a reasonable the Administrator of the Transportation Se- (5) by adding at the end the following: amount of leave from work to participate in curity Administration shall— ‘‘(n) DEFINITIONS.—In this section: initial and recurrent training for the pro- (1) prescribe regulations on the proper ‘‘(1) PILOT.—The term ‘pilot’ means an in- gram. An air carrier shall not be obligated to storage of firearms when a Federal flight dividual who has final authority and respon- provide such an officer or pilot compensation deck officer is at home or where the officer sibility for the operation and safety of the for such leave. is residing when traveling; and flight or any other flight deck crew member. ‘‘(B) PRACTICE AMMUNITION.—At the request (2) revise the procedural requirements es- ‘‘(2) ALL-CARGO AIR TRANSPORTATION.—The of a Federal flight deck officer, the Sec- tablished under section 44921(b)(1) of title 49, term ‘air transportation’ includes all-cargo retary shall provide to the officer sufficient United States Code, to implement the air transportation.’’; and practice ammunition to conduct at least one amendments made by subsection (c). (6) by striking ‘‘Under Secretary’’ each practice course every month.’’. SEC. 2704. PHYSICAL STANDARDS FOR FEDERAL place it appears and inserting ‘‘Secretary’’. SEC. 2703. CARRIAGE OF FIREARMS BY FEDERAL FLIGHT DECK OFFICERS. SEC. 2708. REFUNDS OF CERTAIN SECURITY FLIGHT DECK OFFICERS. Section 44921(d)(2) is amended— SERVICE FEES FOR AIR CARRIERS (a) GENERAL AUTHORITY.—Section 44921(f) (1) by redesignating subparagraphs (A), (B), WITH FEDERAL FLIGHT DECK OFFI- is amended— and (C) as clauses (i), (ii), and (iii), respec- CERS ON ALL FLIGHTS. (1) by redesignating paragraphs (2) and (3) tively, and by moving such clauses, as so re- Section 44940 is amended by adding at the as paragraphs (4) and (5), respectively; and designated, 2 ems to the right; end the following: (2) by striking paragraph (1) and inserting (2) by striking ‘‘A pilot is’’ and inserting ‘‘(j) REFUND OF FEES FOR AIR CARRIERS the following: the following: WITH FEDERAL FLIGHT DECK OFFICERS ON ALL ‘‘(1) IN GENERAL.—The Secretary shall au- ‘‘(A) IN GENERAL.—A pilot is’’; and FLIGHTS.—From fees received in a fiscal year thorize a Federal flight deck officer to carry (3) by adding at the end the following: under subsection (a)(1), each air carrier that a firearm while engaged in providing air ‘‘(B) CONSISTENCY WITH REQUIREMENTS FOR certifies to the Secretary of Homeland Secu- transportation or intrastate air transpor- CERTAIN MEDICAL CERTIFICATES.—In estab- rity that all flights operated by the air car- tation. The authority provided to a Federal lishing standards under subparagraph (A)(ii), rier have on board a pilot deputized as a Fed- flight deck officer under this paragraph in- the Secretary may not establish medical or eral flight deck officer under section 44921 cludes the authority to carry a firearm— physical standards for a pilot to become a shall receive an amount equal to 10 percent ‘‘(A) on the officer’s body, loaded, and Federal flight deck officer that are incon- of the fees collected under subsection (a)(1) holstered; sistent with or more stringent than the re- from passengers on flights operated by that ‘‘(B) when traveling to a flight duty assign- quirements of the Federal Aviation Adminis- air carrier in that fiscal year.’’. ment, throughout the duty assignment, and tration for the issuance of a first- or second- SEC. 2709. TREATMENT OF INFORMATION ABOUT when traveling from a flight duty assign- class airman medical certificate under part FEDERAL FLIGHT DECK OFFICERS ment to the officer’s home or place where 67 of title 14, Code of Federal Regulations (or AS SENSITIVE SECURITY INFORMA- the officer is residing when traveling; and any corresponding similar regulation or rul- TION. ‘‘(C) in the passenger cabin and while trav- ing).’’. Not later than 180 days after the date of the enactment of this Act, the Secretary of eling in a cockpit jump seat. SEC. 2705. TRANSFER OF FEDERAL FLIGHT DECK ‘‘(2) CONCEALED CARRY.—A Federal flight OFFICERS FROM INACTIVE TO AC- Homeland Security shall revise section deck officer shall make reasonable efforts to TIVE STATUS. 15.5(b)(11) of title 49, Code of Federal Regula- keep the officer’s firearm concealed when in Section 44921(d) is amended by adding at tions, to classify information about pilots public. the end the following: deputized as Federal flight deck officers ‘‘(3) PURCHASE OF FIREARM BY OFFICER.— ‘‘(5) TRANSFER FROM INACTIVE TO ACTIVE under section 44921 of title 49, United States Notwithstanding subsection (c)(1), a Federal STATUS.—A pilot deputized as a Federal Code, as sensitive security information in a flight deck officer may purchase a firearm flight deck officer who moves to inactive manner consistent with the classification of and carry that firearm aboard an aircraft of status for less than 5 years may return to ac- information about Federal air marshals. which the officer is the pilot in accordance tive status after completing one program of SEC. 2710. REGULATIONS. with this section if the firearm is of a type recurrent training described in subsection Not later than 180 days after the date of that may be used under the program.’’. (c).’’. the enactment of this Act, the Secretary of (b) CARRIAGE OF FIREARMS ON INTER- SEC. 2706. FACILITATION OF SECURITY SCREEN- Homeland Security shall prescribe such reg- NATIONAL FLIGHTS.—Paragraph (5) of section ING OF FEDERAL FLIGHT DECK OF- ulations as may be necessary to carry out 44921(f), as redesignated by subsection (a)(1), FICERS. this Act and the amendments made by this is amended to read as follows: Section 44921, as amended by section Act. ‘‘(5) CARRYING FIREARMS OUTSIDE UNITED 2703(c)(1), is further amended by adding at STATES.— the end the following: SA 3694. Mr. KAINE submitted an ‘‘(A) IN GENERAL.—In consultation with the ‘‘(m) FACILITATION OF SECURITY SCREENING amendment intended to be proposed to Secretary of State, the Secretary may take OF FEDERAL FLIGHT DECK OFFICERS.— amendment SA 3679 proposed by Mr. ‘‘(1) ELIGIBILITY FOR EXPEDITED SCREEN- such action as may be necessary to ensure MCCONNELL (for Mr. THUNE (for himself that a Federal flight deck officer may carry ING.—The Administrator of the Transpor- and Mr. NELSON)) to the bill H.R. 636, a firearm in a foreign country whenever nec- tation Security Administration shall allow a essary to participate in the program. Federal flight deck officer to be screened to amend the Internal Revenue Code of ‘‘(B) CONSISTENCY WITH FEDERAL AIR MAR- through the crew member identity 1986 to permanently extend increased SHAL PROGRAM.—Notwithstanding standard verification program of the Transportation expensing limitations, and for other 4.7.7 of Annex 17 to the Convention on Inter- Security Administration (commonly known purposes; which was ordered to lie on national Civil Aviation, done at Chicago De- as the ‘Known Crew Member program’) when the table; as follows: cember 7, 1944, and entered into force April 4, entering the sterile area of an airport. On page 234, line 9, insert ‘‘, aviation safety 1947 (TIAS 1591), the Secretary shall work to ‘‘(2) PROHIBITION ON PAPERWORK.—The Sec- engineers,’’ after ‘‘specialists’’. make policies relating to the carriage of fire- retary may not require a Federal flight deck arms on flights in foreign air transportation officer to fill out any forms or paperwork SA 3695. Mr. MARKEY submitted an by Federal flight deck officers consistent when entering the sterile area of an airport. amendment intended to be proposed to ‘‘(3) STERILE AREA DEFINED.—In this sub- with the policies of the Federal air marshal amendment SA 3679 proposed by Mr. program for carrying firearms on such section, the term ‘sterile area’ has the mean- flights.’’. ing given that term in section 1540.5 of title MCCONNELL (for Mr. THUNE (for himself (c) CARRIAGE OF FIREARM IN PASSENGER 49, Code of Federal Regulations (or any cor- and Mr. NELSON)) to the bill H.R. 636, CABIN.— responding similar regulation or ruling).’’. to amend the Internal Revenue Code of

VerDate Sep 11 2014 03:43 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.037 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2035 1986 to permanently extend increased At the appropriate place, insert the fol- Model, any successor allocation process, or expensing limitations, and for other lowing: any other circumstances, the number of em- purposes; which was ordered to lie on SEC. ll. REIMBURSEMENT FOR AIRPORT SECU- ployees of the Administration assigned to an RITY PROJECTS. the table; as follows: airport that deploys, on a nonreimbursable Paragraph (3) of section 44923(h) is amend- basis, exit lane breach control technology On page 63, line 14, insert ‘‘, except those ed to read as follows: that satisfies the standards and require- operated for news gathering activities pro- ‘‘(3) DISCRETIONARY GRANTS.— ments developed under subsection (b) on the tected by the First Amendment to the Con- ‘‘(A) IN GENERAL.—Of the amount made basis that the deployment results in the need stitution of the United States’’ after ‘‘sys- available under paragraph (1) for a fiscal for fewer such employees to provide security tem’’. year, up to $ 50,000,000 shall be used to make for sterile areas of the airport. discretionary grants, including other trans- (B) MINIMUM STAFFING LEVELS.—Subject to SA 3696. Mr. REED submitted an action agreements for airport security im- subparagraph (C), if an airport is eligible for amendment intended to be proposed to provement projects, with priority given to the Administrator to reallocate employees amendment SA 3679 proposed by Mr. small hub airports and nonhub airports. under paragraph (1), the Administrator— ‘‘(B) REIMBURSEMENT.—For each fiscal MCCONNELL (for Mr. THUNE (for himself (i) shall determine the minimum number year, of the amount available under para- of full-time equivalent employees of the Ad- and Mr. NELSON)) to the bill H.R. 636, graph (1), up to $20,000,000 shall be made ministration required for that airport prior to amend the Internal Revenue Code of available for reimbursement to airports that to the deployment of the exit lane breach 1986 to permanently extend increased have incurred eligible costs under section control technology; and expensing limitations, and for other 1604(b)(2) of the Implementing Recommenda- (ii) may not allocate a number of employ- purposes; which was ordered to lie on tions of the 9/11 Commission Act of 2007 ees of the Administration for that airport for the table; as follows: (Public Law 110–53; 121 Stat. 481).’’. any year that is less than such minimum number. At the end of part II of subtitle A of title SA 3698. Mrs. MURRAY (for herself II, add the following: (C) WAIVER OF MINIMUM STAFFING LEVELS.— and Ms. CANTWELL) submitted an If the Administrator has determined a min- SEC. 2144. PROHIBITION ON OPERATION OF UN- amendment intended to be proposed to imum number of full-time equivalent em- MANNED AIRCRAFT CARRYING A amendment SA 3679 proposed by Mr. WEAPON. ployees of the Administration required for MCCONNELL (for Mr. THUNE (for himself (a) IN GENERAL.—Chapter 463 of title 49, an airport under subparagraph (B)(i), the Ad- United States Code, is amended by adding at and Mr. NELSON)) to the bill H.R. 636, ministrator may only allocate a number of the end the following: to amend the Internal Revenue Code of employees of the Administration for that 1986 to permanently extend increased airport that is less than such minimum num- ‘‘§ 46320. Prohibition on operation of un- ber if the total passenger count for that air- manned aircraft carrying a weapon expensing limitations, and for other purposes; which was ordered to lie on port in any 6-month period declines more ‘‘(a) IN GENERAL.—A person shall not oper- the table; as follows: than 5 percent compared to the same 6- ate an unmanned aircraft with a weapon at- month period during the preceding calendar tached to, installed on, or otherwise carried At the appropriate place, insert the fol- year. by the aircraft. lowing: (D) NOTIFICATION TO CONGRESS.—The Ad- ‘‘(b) PENALTIES.—A person who violates SEC. ll. PROMOTION OF EXIT LANE BREACH ministrator shall notify the appropriate subsection (a)— CONTROL TECHNOLOGY. committees of Congress, the Committee on (a) DEFINITIONS.—In this section: ‘‘(1) shall be liable to the United States Homeland Security and Governmental Af- (1) ADMINISTRATION.—The term ‘‘Adminis- Government for a civil penalty of not more fairs of the Senate, and the Committee on tration’’ means the Transportation Security than $27,500; and Homeland Security of the House of Rep- Administration. ‘‘(2) may be fined under title 18, imprisoned resentatives not less than 45 days prior to (2) ADMINISTRATOR.—The term ‘‘Adminis- for not more than 5 years, or both. making an allocation authorized under sub- trator’’ means the Administrator of the Ad- ‘‘(c) NONAPPLICATION TO PUBLIC AIR- paragraph (C). ministration. CRAFT.—This section does not apply to public (d) RESPONSIBILITY FOR MONITORING PAS- (3) EXIT LANE BREACH CONTROL TECH- aircraft. SENGER EXIT POINTS.—If an airport is eligible NOLOGY.—The term ‘‘exit lane breach control ‘‘(d) RULE OF CONSTRUCTION.—Nothing in for the Administrator to reallocate employ- technology’’ refers to any automated sys- this section shall be construed to affect the ees under subsection (c)(1), the Adminis- tem, or series of systems, designed to mon- authority of the Administrator with respect trator shall have met the responsibility of itor exit points from an airport sterile area. to manned or unmanned aircraft. the Administration to monitor passenger (4) STERILE AREA.—The term ‘‘sterile area’’ ‘‘(e) DEFINITIONS.—In this section: exit points required by subsection (n) of sec- has the meaning given that term in section ‘‘(1) UNMANNED AIRCRAFT.—The term ‘un- tion 44903 of title 49, United States Code. manned aircraft’ has the meaning given that 1540.5 of title 49, Code of Federal Regulations term in section 44801. (or any corresponding similar regulation or SA 3699. Mrs. MURRAY (for herself ruling) ‘‘(2) WEAPON.—The term ‘weapon’— and Ms. CANTWELL) submitted an (b) STANDARDS AND REQUIREMENTS.— ‘‘(A) means a weapon, device, instrument, (1) INITIAL REQUIREMENT.—Not later than amendment intended to be proposed to material, or substance, animate or inani- 120 days after the date of the enactment of amendment SA 3679 proposed by Mr. mate, that is used for, or is readily capable this Act, the Administrator shall develop MCCONNELL (for Mr. THUNE (for himself of, causing death or serious bodily injury; standards and requirements for the use of and and Mr. NELSON)) to the bill H.R. 636, exit lane breach control technology at air- ‘‘(B) includes a firearm or destructive de- to amend the Internal Revenue Code of ports. vice (as those terms are defined in section 1986 to permanently extend increased (2) QUALIFIED PRODUCT LIST.—The Adminis- 921 of title 18).’’. expensing limitations, and for other trator shall establish, publically post, and (b) CONFORMING AMENDMENT.—Section maintain a qualified product list of exit land purposes; which was ordered to lie on 46301(d)(2) of such title is amended, in the breach control technology that shall in- the table; as follows: first sentence, by inserting ‘‘section 46320,’’ cludes all previously-approved systems. At the appropriate place, insert the fol- before ‘‘or section 47107(b)’’. (c) BENEFITS FOR AIRPORTS USING EXIT lowing: (c) CLERICAL AMENDMENT.—The analysis LANE BREACH CONTROL TECHNOLOGY.— ll for chapter 463 of such title is amended by SEC. . PROMOTION OF EXIT LANE BREACH (1) ELIGIBILITY FOR BENEFITS.—If an airport CONTROL TECHNOLOGY. inserting after the item relating to section deploys, on a nonreimbursable basis, exit (a) DEFINITIONS.—In this section: 46319 the following: lane breach control technology that satisfies (1) ADMINISTRATION.—The term ‘‘Adminis- ‘‘46320. Prohibition on operation of un- the standards and requirements developed tration’’ means the Transportation Security manned aircraft carrying a under subsection (b) and the deployment re- Administration. weapon.’’. sults in the need for fewer employees of the (2) ADMINISTRATOR.—The term ‘‘Adminis- Administration to monitor exit points from trator’’ means the Administrator of the Ad- SA 3697. Mr. REED submitted an an airport sterile area, the airport’s Federal ministration. amendment intended to be proposed to security director may reallocate such em- (3) EXIT LANE BREACH CONTROL TECH- amendment SA 3679 proposed by Mr. ployees to other transportation security mis- NOLOGY.—The term ‘‘exit lane breach control MCCONNELL (for Mr. THUNE (for himself sions, including passenger screening, within technology’’ refers to any automated sys- and Mr. NELSON)) to the bill H.R. 636, that airport if the Administrator certifies tem, or series of systems, designed to mon- to amend the Internal Revenue Code of that the reallocation will not negatively im- itor exit points from an airport sterile area. pact the security of that airport. (4) STERILE AREA.—The term ‘‘sterile area’’ 1986 to permanently extend increased (2) NO LOSS OF ADMINISTRATION EMPLOY- has the meaning given that term in section expensing limitations, and for other EES.— 1540.5 of title 49, Code of Federal Regulations purposes; which was ordered to lie on (A) IN GENERAL.—The Administrator may (or any corresponding similar regulation or the table; as follows: not decrease, under the Staffing Allocation ruling)

VerDate Sep 11 2014 03:43 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.038 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2036 CONGRESSIONAL RECORD — SENATE April 13, 2016 (b) STANDARDS AND REQUIREMENTS.— amendment intended to be proposed to quired subsection (a) supports the following (1) INITIAL REQUIREMENT.—Not later than amendment SA 3679 proposed by Mr. objectives for civil subsonic airplanes: 120 days after the date of the enactment of MCCONNELL (for Mr. THUNE (for himself (1) Certifiable aircraft technology that re- this Act, the Administrator shall develop duces aircraft fuel burn 40 percent relative to and Mr. NELSON)) to the bill H.R. 636, standards and requirements for the use of year 2000 best-in-class in-service aircraft. exit lane breach control technology at air- to amend the Internal Revenue Code of (2) Certifiable engine technology that re- ports. 1986 to permanently extend increased duces landing and takeoff cycle nitrogen (2) QUALIFIED PRODUCT LIST.—The Adminis- expensing limitations, and for other oxide emissions by 70 percent over the Inter- trator shall establish, publically post, and purposes; which was ordered to lie on national Civil Aviation Organization stand- maintain a qualified product list of exit land the table; as follows: ard adopted in 2011. breach control technology that shall in- At the end of subtitle C of title I, add the (3) Certifiable aircraft technology that re- cludes all previously-approved systems. following: duces noise levels by 32 decibels cumula- (c) BENEFITS FOR AIRPORTS USING EXIT SEC. 1305. AIRPORT VEHICLE EMISSIONS. tively, relative to the Stage 4 standard, or LANE BREACH CONTROL TECHNOLOGY.— Section 40117(a)(3)(G) is amended to read as reduces the noise contour area in absolute (1) ELIGIBILITY FOR BENEFITS.—If an airport terms. deploys, on a nonreimbursable basis, exit follows: ‘‘(G) A project to reduce emissions under (4) The feasibility of use of drop-in alter- lane breach control technology that satisfies native jet fuels in aircraft and engine sys- the standards and requirements developed subchapter I of chapter 471 or to use cleaner burning conventional fuels, or for acquiring tems, including successful demonstration under subsection (b) and the deployment re- and quantification of benefits, advancement sults in the need for fewer employees of the for use at a commercial service airport vehi- cles or ground support equipment that in- of fuel testing capability, and support for Administration to monitor exit points from fuel evaluation. an airport sterile area, the airport’s Federal clude low-emission technology or use cleaner burning fuels, or, if the airport is located in (d) CERTIFIABLE DEFINED.—In this section, security director may reallocate such em- the term ‘‘certifiable’’ means the technology ployees to other transportation security mis- an air quality nonattainment area (as de- fined in section 171(2) of the Clean Air Act (42 has been demonstrated to Technology Readi- sions, including passenger screening, within ness Level 6 or 7, and there are no foreseen that airport if the Administrator certifies U.S.C. 7501(2))) or a maintenance area re- ferred to in section 175A of such Act (42 issues that would prevent certification to ex- that the reallocation will not negatively im- isting standards. pact the security of that airport. U.S.C. 7505a), a project to retrofit any such SEC. 5038. RESEARCH PROGRAM ON ALTER- (2) NO LOSS OF ADMINISTRATION EMPLOY- vehicles or equipment that are powered by a diesel or gasoline engine with emission con- NATIVE JET FUEL TECHNOLOGY EES.— FOR CIVIL AIRCRAFT. trol technologies certified or verified by the (A) IN GENERAL.—The Administrator may Section 911 of the FAA Modernization and Environmental Protection Agency to reduce not decrease, under the Staffing Allocation Reform Act of 2012 (Public Law 112–95; 49 emissions, if such project would be able to Model, any successor allocation process, or U.S.C. 44504 note) is amended— receive emission credits for the project from any other circumstances, the number of em- (1) in subsection (a), by striking ‘‘to assist the governing State or Federal environ- ployees of the Administration assigned to an in’’ and inserting ‘‘with the objective of ac- mental agency as described in section airport that deploys, on a nonreimbursable celerating’’; 47139.’’. basis, exit lane breach control technology (2) in subsection (c)(1)(B), by inserting that satisfies the standards and require- At the end of title V, add the following: ‘‘and ability to prioritize researchable con- ments developed under subsection (b) on the SEC. 5037. REDUCTION OF ENERGY CONSUMP- straints’’ after ‘‘with experience’’; and basis that the deployment results in the need TION, EMISSIONS, AND NOISE FROM (3) by adding at the end the following: CIVILIAN AIRCRAFT. for fewer such employees to provide security ‘‘(e) COLLABORATION AND REPORT.— (a) ESTABLISHMENT OF RESEARCH PRO- for sterile areas of the airport. ‘‘(1) COLLABORATION.—The Administrator, GRAM.—From amounts made available under (B) MINIMUM STAFFING LEVELS.—Subject to in coordination with the Administrator of section 48102(a) of title 49, United States subparagraph (C), if an airport is eligible for NASA, the Secretary of Energy, and the Sec- Code, the Administrator of the Federal Avia- the Administrator to reallocate employees retary of Agriculture, shall continue re- tion Administration shall establish a re- under paragraph (1), the Administrator— search and development activities into the search program related to reducing civilian (i) shall determine the minimum number development and deployment of jet fuels de- aircraft energy use, emissions, and source of full-time equivalent employees of the Ad- scribed in subsection (a). noise with equivalent safety through grants ministration required for that airport prior ‘‘(2) REPORT.—Not later than 180 days after or other measures, which shall include cost- to the deployment of the exit lane breach the date of the enactment of the Federal sharing authorized under section 106(l)(6) of control technology; and Aviation Administration Reauthorization such title, including reimbursable agree- (ii) may not allocate a number of employ- Act of 2016, the Administrator, in coordina- ments with other Federal agencies. ees of the Administration for that airport for tion with the Administrator of NASA, the (b) ESTABLISHMENT OF CONSORTIUM.— any year that is less than such minimum Secretary of Energy, and the Secretary of (1) DESIGNATION AS CONSORTIUM.—The Ad- number. Agriculture, and after consultation with the ministrator shall designate, using a competi- (C) WAIVER OF MINIMUM STAFFING LEVELS.— heads of other relevant agencies, shall sub- tive process, one or more institutions or en- If the Administrator has determined a min- mit to Congress a joint plan to carry out the tities described in paragraph (2), to be known imum number of full-time equivalent em- research described in subsection (a).’’. ployees of the Administration required for as a ‘‘Government led Consortium for Con- tinuous Lower Energy, Emissions, and an airport under subparagraph (B)(i), the Ad- SA 3701. Mrs. MURRAY (for herself ministrator may only allocate a number of Noise’’ or ‘‘CLEEN’’, to perform research in accordance with this section. and Ms. CANTWELL) submitted an employees of the Administration for that amendment intended to be proposed to airport that is less than such minimum num- (2) PARTICIPATION.—The Administrator ber if the total passenger count for that air- shall include educational and research insti- amendment SA 3679 proposed by Mr. port in any 6-month period declines more tutions or private sector entities that have MCCONNELL (for Mr. THUNE (for himself than 5 percent compared to the same 6- existing facilities and experience for devel- and Mr. NELSON)) to the bill H.R. 636, month period during the preceding calendar oping and testing noise, emissions, and en- to amend the Internal Revenue Code of year. ergy reduction engine and aircraft tech- 1986 to permanently extend increased (D) NOTIFICATION TO CONGRESS.—The Ad- nology, and developing alternative fuels, in expensing limitations, and for other ministrator shall notify the appropriate the research program required by subsection (a) to fulfill the performance objectives spec- purposes; which was ordered to lie on committees of Congress, the Committee on the table; as follows: Homeland Security and Governmental Af- ified in subsection (c). fairs of the Senate, and the Committee on (3) COORDINATION MECHANISMS.—In con- At the end of title V, add the following: Homeland Security of the House of Rep- ducting the research program required by SEC. 5037. REDUCTION OF ENERGY CONSUMP- resentatives not less than 45 days prior to subsection (a), the consortium designated TION, EMISSIONS, AND NOISE FROM making an allocation authorized under sub- under paragraph (1) shall— CIVILIAN AIRCRAFT. paragraph (C). (A) coordinate its activities with the De- (a) ESTABLISHMENT OF RESEARCH PRO- (d) RESPONSIBILITY FOR MONITORING PAS- partment of Agriculture, the Department of GRAM.—From amounts made available under SENGER EXIT POINTS.—If an airport is eligible Defense, the Department of Energy, the Na- section 48102(a) of title 49, United States for the Administrator to reallocate employ- tional Aeronautics and Space Administra- Code, the Administrator of the Federal Avia- ees under subsection (c)(1), the Adminis- tion, and other relevant Federal agencies; tion Administration shall establish a re- trator shall have met the responsibility of and search program related to reducing civilian the Administration to monitor passenger (B) consult on a regular basis with the aircraft energy use, emissions, and source exit points required by subsection (n) of sec- Commercial Aviation Alternative Fuels Ini- noise with equivalent safety through grants tion 44903 of title 49, United States Code. tiative. or other measures, which shall include cost- (c) PERFORMANCE OBJECTIVES.—Not later sharing authorized under section 106(l)(6) of SA 3700. Mrs. MURRAY (for herself than January 1, 2021, the Administrator shall such title, including reimbursable agree- and Ms. CANTWELL) submitted an seek to ensure that the research program re- ments with other Federal agencies.

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(b) ESTABLISHMENT OF CONSORTIUM.— Secretary of Energy, and the Secretary of At the appropriate place, insert the fol- (1) DESIGNATION AS CONSORTIUM.—The Ad- Agriculture, and after consultation with the lowing: ministrator shall designate, using a competi- heads of other relevant agencies, shall sub- SEC. ll. MODIFICATION OF FINAL RULE RELAT- tive process, one or more institutions or en- mit to Congress a joint plan to carry out the ING TO FLIGHTCREW MEMBER DUTY tities described in paragraph (2), to be known research described in subsection (a).’’. AND REST REQUIREMENTS FOR PAS- as a ‘‘Government led Consortium for Con- SENGER OPERATIONS TO APPLY TO ALL-CARGO OPERATIONS. tinuous Lower Energy, Emissions, and SA 3702. Mr. MCCAIN submitted an (a) IN GENERAL.—Not later than 30 days Noise’’ or ‘‘CLEEN’’, to perform research in amendment intended to be proposed to after the date of the enactment of this Act, accordance with this section. amendment SA 3679 proposed by Mr. the Secretary of Transportation shall modify (2) PARTICIPATION.—The Administrator MCCONNELL (for Mr. THUNE (for himself the final rule specified in subsection (b) so shall include educational and research insti- and Mr. NELSON)) to the bill H.R. 636, that the flightcrew member duty and rest re- tutions or private sector entities that have quirements under that rule apply to existing facilities and experience for devel- to amend the Internal Revenue Code of flightcrew members in all-cargo operations oping and testing noise, emissions, and en- 1986 to permanently extend increased conducted by air carriers in the same man- ergy reduction engine and aircraft tech- expensing limitations, and for other ner as those requirements apply to nology, and developing alternative fuels, in purposes; which was ordered to lie on flightcrew members in passenger operations the research program required by subsection the table; as follows: conducted by air carriers. (a) to fulfill the performance objectives spec- On page 98, after line 24, add the following: (b) FINAL RULE SPECIFIED.—The final rule ified in subsection (c). (d) FEDERAL AGENCY COORDINATION TO EN- specified in this subsection is the final rule (3) COORDINATION MECHANISMS.—In con- HANCE THE PUBLIC HEALTH AND SAFETY CAPA- of the Federal Aviation Administration— ducting the research program required by BILITIES OF PUBLIC UNMANNED AIRCRAFT SYS- (1) published in the Federal Register on subsection (a), the consortium designated TEMS.—The Administrator shall assist and January 4, 2012 (77 Fed. Reg. 330); and under paragraph (1) shall— enable, without undue interference, Federal (2) relating to flightcrew member duty and (A) coordinate its activities with the De- civilian government agencies that operate rest requirements. partment of Agriculture, the Department of unmanned aircraft systems within civil-con- (c) APPLICABILITY OF RULEMAKING REQUIRE- Defense, the Department of Energy, the Na- trolled airspace, in operationally deploying MENTS.—The requirements of section 553 of tional Aeronautics and Space Administra- and integrating sense and avoid capabilities, title 5, United States Code, shall not apply tion, and other relevant Federal agencies; as necessary to operate unmanned aircraft to the modification required by subsection and systems safely and effectively within the Na- (a). (B) consult on a regular basis with the tional Air Space. Commercial Aviation Alternative Fuels Ini- SA 3706. Ms. CANTWELL submitted tiative. SA 3703. Mr. HATCH submitted an an amendment intended to be proposed (c) PERFORMANCE OBJECTIVES.—Not later to amendment SA 3679 proposed by Mr. than January 1, 2021, the Administrator shall amendment intended to be proposed to MCCONNELL (for Mr. THUNE (for himself seek to ensure that the research program re- amendment SA 3679 proposed by Mr. quired subsection (a) supports the following MCCONNELL (for Mr. THUNE (for himself and Mr. NELSON)) to the bill H.R. 636, objectives for civil subsonic airplanes: and Mr. NELSON)) to the bill H.R. 636, to amend the Internal Revenue Code of (1) Certifiable aircraft technology that re- to amend the Internal Revenue Code of 1986 to permanently extend increased duces aircraft fuel burn 40 percent relative to 1986 to permanently extend increased expensing limitations, and for other year 2000 best-in-class in-service aircraft. expensing limitations, and for other purposes; which was ordered to lie on (2) Certifiable engine technology that re- purposes; which was ordered to lie on the table; as follows: duces landing and takeoff cycle nitrogen Strike section 5003. oxide emissions by 70 percent over the Inter- the table; as follows: national Civil Aviation Organization stand- At the end of part II of subtitle A of title SA 3707. Mr. MORAN (for himself and ard adopted in 2011. II, add the following: Mr. SESSIONS) submitted an amend- (3) Certifiable aircraft technology that re- SEC. 2144. SPECIAL USE AIRSPACE AND MILITARY ment intended to be proposed to duces noise levels by 32 decibels cumula- TRAINING ROUTES. amendment SA 3679 proposed by Mr. tively, relative to the Stage 4 standard, or Not later than 1 year after the date of en- reduces the noise contour area in absolute actment of this Act, the Administrator of MCCONNELL (for Mr. THUNE (for himself terms. the Federal Aviation Administration and the and Mr. NELSON)) to the bill H.R. 636, (4) The feasibility of use of drop-in alter- Secretary of Defense shall submit to Con- to amend the Internal Revenue Code of native jet fuels in aircraft and engine sys- gress a comprehensive assessment of the risk 1986 to permanently extend increased tems, including successful demonstration to military aircraft of civil unmanned air- expensing limitations, and for other and quantification of benefits, advancement craft systems operating in or transiting spe- purposes; which was ordered to lie on of fuel testing capability, and support for cial use airspace or military training routes. the table; as follows: fuel evaluation. On page 180, line 26, strike the period and (d) CERTIFIABLE DEFINED.—In this section, SA 3704. Mrs. FEINSTEIN (for her- insert the following: ‘‘or the acceptance or the term ‘‘certifiable’’ means the technology self, Mr. TILLIS, Mr. BLUMENTHAL, Mr. has been demonstrated to Technology Readi- validation by the FAA of a certificate or de- ness Level 6 or 7, and there are no foreseen PERDUE, Mr. LEE, and Mr. MARKEY) sign approval of a foreign authority.’’. submitted an amendment intended to issues that would prevent certification to ex- Mr. MORAN submitted an isting standards. be proposed to amendment SA 3679 pro- SA 3708. amendment intended to be proposed to SEC. 5038. RESEARCH PROGRAM ON ALTER- posed by Mr. MCCONNELL (for Mr. NATIVE JET FUEL TECHNOLOGY THUNE (for himself and Mr. NELSON)) to amendment SA 3679 proposed by Mr. FOR CIVIL AIRCRAFT. the bill H.R. 636, to amend the Internal MCCONNELL (for Mr. THUNE (for himself Section 911 of the FAA Modernization and and Mr. NELSON)) to the bill H.R. 636, Reform Act of 2012 (Public Law 112–95; 49 Revenue Code of 1986 to permanently extend increased expensing limita- to amend the Internal Revenue Code of U.S.C. 44504 note) is amended— 1986 to permanently extend increased (1) in subsection (a), by striking ‘‘to assist tions, and for other purposes; which in’’ and inserting ‘‘with the objective of ac- was ordered to lie on the table; as fol- expensing limitations, and for other celerating’’; lows: purposes; which was ordered to lie on the table; as follows: (2) in subsection (c)(1)(B), by inserting Strike section 2152. ‘‘and ability to prioritize researchable con- On page 226, strike lines 1 through 11, and straints’’ after ‘‘with experience’’; and SA 3705. Mrs. BOXER (for herself, Ms. insert the following: (3) by adding at the end the following: (3) UNDEVELOPED DEFINED.—For purposes of KLOBUCHAR, Ms. CANTWELL, Mr. ‘‘(e) COLLABORATION AND REPORT.— paragraph (1)(F), the term ‘‘undeveloped’’ ‘‘(1) COLLABORATION.—The Administrator, BLUMENTHAL, Mr. MARKEY, Mrs. SHA- means a defined geographic area where the in coordination with the Administrator of HEEN, and Mr. FRANKEN) submitted an Administrator determines low-flying aircraft NASA, the Secretary of Energy, and the Sec- amendment intended to be proposed to are operated on a routine basis, such as low- retary of Agriculture, shall continue re- amendment SA 3679 proposed by Mr. lying forested areas with predominate tree search and development activities into the MCCONNELL (for Mr. THUNE (for himself cover under 200 feet and pasture and range development and deployment of jet fuels de- and Mr. NELSON)) to the bill H.R. 636, land. scribed in subsection (a). to amend the Internal Revenue Code of (4) OTHER DEFINITIONS.—The Administrator ‘‘(2) REPORT.—Not later than 180 days after 1986 to permanently extend increased shall define such other terms as may be nec- the date of the enactment of the Federal essary to carry out this section. Aviation Administration Reauthorization expensing limitations, and for other (e) DATABASE.—The Administrator shall— Act of 2016, the Administrator, in coordina- purposes; which was ordered to lie on (1) develop a database that contains the lo- tion with the Administrator of NASA, the the table; as follows: cation and height of each covered tower;

VerDate Sep 11 2014 03:43 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.039 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2038 CONGRESSIONAL RECORD — SENATE April 13, 2016 (2) keep the database current to the extent diction of the United States shall be fined or Programme the consideration of inter- practicable; imprisoned, or both, as provided for that of- national standards for the phase-out of air- (3) ensure that any proprietary informa- fense. craft that do not comply with stage 4 noise tion in the database is protected from disclo- ‘‘(b) DEFINITION.—In this section, the term levels. sure in accordance with law; and ‘employed by the Department of Homeland ‘‘(2) ENFORCEMENT.—The Secretary shall (4) ensure that, by virtue of accessing the Security or the Department of Justice’ enforce the requirements of this section with database, users will be deemed to agree and means— respect to foreign-flag aircraft only to the acknowledge— ‘‘(1) being employed as a civilian employee, extent that such enforcement is consistent (A) that the information will be used for a contractor (including a subcontractor at with United States obligations under inter- aviation safety purposes only; and any tier), or an employee of a contractor (or national agreements. (B) not to disclose any such information a subcontractor at any tier) of the Depart- ‘‘(d) ANNUAL REPORT.—Beginning with cal- regardless of whether the information is ment of Homeland Security or the Depart- endar year 2020— marked or labeled as proprietary or with a ment of Justice; ‘‘(1) each air carrier shall submit to the similar designation. ‘‘(2) being present or residing in Canada in Secretary an annual report on the progress connection with such employment; and the carrier is making toward complying with SA 3709. Mr. THUNE submitted an ‘‘(3) not being a national of or ordinarily the requirements of this section and regula- amendment intended to be proposed to resident in Canada.’’. tions issued to carry out this section; and (c) TECHNICAL AND CONFORMING AMEND- amendment SA 3679 proposed by Mr. ‘‘(2) the Secretary shall submit to Congress MENTS.—Part II of title 18, United States an annual report on the progress being made MCCONNELL (for Mr. THUNE (for himself Code, is amended— toward that compliance. and Mr. NELSON)) to the bill H.R. 636, (1) in the table of chapters, by striking the OISE RECERTIFICATION TESTING NOT to amend the Internal Revenue Code of item relating to chapter 212A and inserting ‘‘(e) N REQUIRED.— 1986 to permanently extend increased the following: ‘‘(1) LIMITATION ON STATUTORY CONSTRUC- expensing limitations, and for other ‘‘212A. Extraterritorial jurisdiction TION.—Nothing in this section may be con- purposes; which was ordered to lie on over certain offenses ...... 3271’’; strued to require the noise certification test- the table; as follows: and ing of a civil turbojet that has been retro- Strike section 2153(a) and insert the fol- (2) in the table of sections for chapter 212A, fitted to comply with or otherwise already lowing: by inserting after the item relating to sec- meets the stage 4 noise levels established (a) IN GENERAL.—Small unmanned aircraft tion 3272 the following: under subsection (a). systems may use spectrum for wireless con- ‘‘3273. Offenses committed by certain United ‘‘(2) MEANS OF DEMONSTRATING COMPLIANCE trol link, tracking, diagnostics, payload States personnel stationed in WITH STAGE 4 NOISE LEVELS.—The Secretary communication, and collaborative-collision Canada in furtherance of border shall specify means for demonstrating that avoidance, such as vehicle-to-vehicle com- security initiatives.’’. an aircraft complies with stage 4 noise levels munication, and other uses, consistent with (d) RULE OF CONSTRUCTION.—Nothing in without requiring noise certification testing. the Communications Act of 1934 (47 U.S.C. this section shall be construed to infringe ‘‘(f) NONADDITION RULE.— 151 et seq.), Federal Communications Com- upon or otherwise affect the exercise of pros- ‘‘(1) IN GENERAL.—Except as provided in mission rules, and the safety-of-life deter- ecutorial discretion by the Department of paragraph (2) and section 47530, a person may mination made by the Federal Aviation Ad- Justice in implementing this provision. operate a civil jet aircraft with a maximum ministration, and through voluntary com- weight of more than 75,000 pounds that is im- mercial arrangements with service pro- SA 3711. Mrs. GILLIBRAND (for her- ported into the United States after Decem- viders, whether they are operating within a self and Mr. SCHUMER) submitted an ber 31, 2020, only if the aircraft— UTM system under section 2138 of this Act or amendment intended to be proposed to ‘‘(A) complies with the stage 4 noise levels; outside such a system. amendment SA 3679 proposed by Mr. or SA 3710. Mr. JOHNSON (for himself, MCCONNELL (for Mr. THUNE (for himself ‘‘(B) was purchased by the person import- ing the aircraft into the United States under Mr. LEAHY, Ms. MURKOWSKI, and Mr. and Mr. NELSON)) to the bill H.R. 636, to amend the Internal Revenue Code of a legally binding contract entered into be- SCHUMER) submitted an amendment in- fore January 1, 2021. tended to be proposed to amendment 1986 to permanently extend increased expensing limitations, and for other ‘‘(2) EXCEPTION.—The Secretary of Trans- SA 3679 proposed by Mr. MCCONNELL portation may provide for an exception from (for Mr. THUNE (for himself and Mr. purposes; which was ordered to lie on paragraph (1) to permit a person to obtain NELSON)) to the bill H.R. 636, to amend the table; as follows: modifications to an aircraft to meet the the Internal Revenue Code of 1986 to At the end of title V, add the following: stage 4 noise levels. permanently extend increased expens- SEC. 5032. LIMITATIONS ON OPERATING CERTAIN ‘‘(3) AIRCRAFT DEEMED NOT IMPORTED.—For ing limitations, and for other purposes; AIRCRAFT NOT COMPLYING WITH purposes of this subsection, an aircraft shall STAGE 4 NOISE LEVELS. be deemed not to have been imported into which was ordered to lie on the table; (a) IN GENERAL.—Subchapter II of chapter the United States if the aircraft— as follows: 475 is amended by adding at the end the fol- ‘‘(A) was owned on January 1, 2021, by— At the end of title V, add the following: lowing: ‘‘(i) a corporation, trust, or partnership or- SEC. 5037. JURISDICTION OVER OFFENSES COM- ‘‘§ 47535. Limitations on operating certain air- ganized under the laws of the United States, MITTED BY CERTAIN UNITED craft not complying with stage 4 noise lev- a State, or the District of Columbia; STATES PERSONNEL STATIONED IN els ‘‘(ii) an individual who is a citizen of the CANADA. ‘‘(a) REGULATIONS.—Not later than Decem- United States; or (a) SHORT TITLE.—This section may be ber 31, 2017, the Secretary of Transportation, ‘‘(iii) an entity that is owned or controlled cited as the ‘‘Promoting Travel, Commerce, in consultation with the International Civil by a corporation, trust, or partnership de- and National Security Act of 2016’’. Aviation Organization, shall issue regula- scribed in clause (i) or an individual de- (b) AMENDMENT.—Chapter 212A of title 18, tions to establish minimum standards for United States Code, is amended— scribed in clause (ii); and civil turbojets to comply with stage 4 noise (1) in the chapter heading, by striking ‘‘(B) enters the United States not later levels. ‘‘TRAFFICKING IN PERSONS’’; and than 6 months after the expiration of a lease ‘‘(b) GENERAL RULE.—The Secretary shall agreement (including any extension of such (2) by adding after section 3272 the fol- issue regulations to, except as provided in lowing: an agreement) between an owner described in section 47529— subparagraph (A) and a foreign air carrier.’’. ‘‘§ 3273. Offenses committed by certain United ‘‘(1) establish a timeline by which increas- (b) CLERICAL AMENDMENT.—The analysis States personnel stationed in Canada in ing percentages of the total number of civil for chapter 475 of such title is amended by furtherance of border security initiatives turbojets with a maximum weight of more inserting after the item relating to section ‘‘(a) IN GENERAL.—Whoever, while em- than 75,000 pounds operating to or from air- 47534 the following: ployed by the Department of Homeland Se- ports in the United States comply with the curity or the Department of Justice and sta- stage 4 noise levels established under sub- ‘‘47535. Limitations on operating certain air- tioned or deployed in Canada pursuant to a section (a), beginning not later than Decem- craft not complying with stage treaty, executive agreement, or bilateral ber 31, 2022; and 4 noise levels.’’. memorandum in furtherance of a border se- ‘‘(2) require that 100 percent of such turbo- SEC. 5033. STANDARDS FOR ISSUANCE OF NEW curity initiative, engages in conduct (or con- jets operating after December 31, 2037, to or TYPE CERTIFICATES. spires or attempts to engage in conduct) in from airports in the United States comply (a) APPLICABILITY OF STAGE 5 NOISE STAND- Canada that would constitute an offense for with the stage 4 noise levels. ARDS TO CIVIL JETS WITH A MAXIMUM WEIGHT which a person may be prosecuted in a court ‘‘(c) FOREIGN-FLAG AIRCRAFT.— OF MORE THAN 121,254 POUNDS.—On and after of the United States had the conduct been ‘‘(1) INTERNATIONAL STANDARDS.—The Sec- December 31, 2017, the Secretary of Transpor- engaged in within the United States or with- retary shall request the International Civil tation may not issue a new type certificate in the special maritime and territorial juris- Aviation Organization to add to its Work for a civil jet with a maximum weight of

VerDate Sep 11 2014 04:56 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.035 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2039 more than 121,254 pounds for which an appli- (1) review and respond to requests made by signed to each terminal at each covered air- cation was received after the date of the en- States, political subdivisions of States, other port. actment of this Act, unless the person apply- elected officials, and community organiza- (b) TECHNICAL SUPPORT.—The Adminis- ing for the type certificate demonstrates tions to evaluate specific helicopter routes trator of the Transportation Security Ad- that the civil jet complies with stage 5 noise to reduce noise; and ministration shall provide technical and levels. (2) provide a means for the public to par- other support to State or local law enforce- (b) APPLICABILITY OF STAGE 5 NOISE STAND- ticipate in the process. ment agencies providing the personnel de- ARDS TO ALL CIVIL JETS.—On and after De- scribed in paragraph (1) or (2) of subsection cember 31, 2020, the Secretary may not issue SA 3714. Ms. HEITKAMP (for herself (a). a new type certificate for any civil jet for and Mr. INHOFE) submitted an amend- (c) COVERED AIRPORT DEFINED.—In this sec- which an application was received after the tion, the term ‘‘covered airport’’ means the ment intended to be proposed to 25 airports in the United States with the date of the enactment of this Act, unless the amendment SA 3679 proposed by Mr. person applying for the type certificate dem- highest numbers of passengers enplaned each onstrates that the civil jet complies with MCCONNELL (for Mr. THUNE (for himself year. stage 5 noise levels. and Mr. NELSON)) to the bill H.R. 636, (d) FUNDING.—Out of funds made available to amend the Internal Revenue Code of to the Transportation Security Administra- SA 3712. Mrs. GILLIBRAND (for her- 1986 to permanently extend increased tion for fiscal year 2016, $20,000,000 shall be self and Mr. SCHUMER) submitted an expensing limitations, and for other available for State and local law enforce- amendment intended to be proposed to ment agencies, as a transfer of funds, to purposes; which was ordered to lie on train, certify, and utilize explosives detec- amendment SA 3679 proposed by Mr. the table; as follows: tion canines. MCCONNELL (for Mr. THUNE (for himself On page 97, between lines 2 and 3, insert and Mr. NELSON)) to the bill H.R. 636, the following: SA 3717. Mr. CASSIDY submitted an to amend the Internal Revenue Code of ‘‘(b) ASSISTANCE BY FEDERAL UNMANNED amendment intended to be proposed to 1986 to permanently extend increased AIRCRAFT SYSTEMS.—The Secretary shall in- amendment SA 3679 proposed by Mr. expensing limitations, and for other clude, in the guidance regarding the oper- MCCONNELL (for Mr. THUNE (for himself ation of public unmanned aircraft systems purposes; which was ordered to lie on and Mr. NELSON)) to the bill H.R. 636, required by subsection (a), guidance with re- the table; as follows: spect to allowing unmanned aircraft systems to amend the Internal Revenue Code of At the end of title V, add the following: owned or operated by a Federal agency to as- 1986 to permanently extend increased SEC. 5023. HELICOPTER NOISE ABATEMENT. sist Federal, State, local, or tribal law en- expensing limitations, and for other (a) IN GENERAL.—Not later than 3 years forcement organizations in conducting law purposes; which was ordered to lie on after the date of the enactment of this Act, enforcement activities in the national air- the table; as follows: the Administrator of the Federal Aviation space system. At the end of subtitle A of title III, add the Administration shall issue a final rule set- following: ting forth guidelines and regulations relat- SA 3715. Ms. HEITKAMP submitted SEC. 3124. SERVICE LEVEL STANDARDS FOR PAS- ing to stringency standards for Stage 3 noise an amendment intended to be proposed SENGER SCREENING AND DATA levels for helicopters that— to amendment SA 3679 proposed by Mr. PROCESSING. (1) create a requirement to retrofit exist- MCCONNELL (for Mr. THUNE (for himself (a) IN GENERAL.—Not later than 90 days ing helicopters to comply with Stage 3 noise after the date of the enactment of this Act, and Mr. NELSON)) to the bill H.R. 636, levels as prescribed in subpart H of part 36 of the Secretary of Homeland Security shall di- title 14, Code of Federal Regulations; and to amend the Internal Revenue Code of rect the Administrator of the Transportation (2) require the retirement of helicopters 1986 to permanently extend increased Security Administration and the Commis- not in compliance with Stage 3 noise levels expensing limitations, and for other sioner of U.S. Customs and Border Protec- by December 31, 2024. purposes; which was ordered to lie on tion to set service level standards for the (b) EXEMPTIONS.—Helicopters utilized for the table; as follows: processing of passengers in air transpor- medical purposes or governmental functions On page 92, line 15, insert after ‘‘unmanned tation and associated electronic travel data. (as defined in section 1.1 of title 14, Code of (b) SECURITY SCREENING.—Section 44901 is aircraft’’ the following: ‘‘, including in cir- Federal Regulations) shall be exempt from amended by adding at the end the following: cumstances in which there has been signifi- the guidelines and regulations required by ‘‘(m) SERVICE LEVEL STANDARDS.— cant experience operating the associated un- subsection (a). ‘‘(1) IN GENERAL.—The physical screening manned aircraft within a country with which (c) STAGE 3 NOISE LEVELS DEFINED.—In this of passengers and their property, while in the United States maintains a trusted avia- section, the term ‘‘Stage 3 noise level’’ has federally controlled areas, and screening of tion relationship’’. the meaning given that term in section 36.1 electronic travel data, shall be performed in of title 14, Code of Federal Regulations. accordance with service level standards es- SA 3716. Ms. CANTWELL (for herself tablished by the Administrator of the Trans- SA 3713. Mrs. GILLIBRAND (for her- and Mr. ISAKSON) submitted an amend- portation Security Administration and self and Mr. SCHUMER) submitted an ment intended to be proposed to agreed to by the Aviation Security Advisory amendment intended to be proposed to amendment SA 3679 proposed by Mr. Committee. amendment SA 3679 proposed by Mr. MCCONNELL (for Mr. THUNE (for himself ‘‘(2) REQUIREMENTS FOR STANDARDS.—The MCCONNELL (for Mr. THUNE (for himself and Mr. NELSON)) to the bill H.R. 636, service level standards established under and Mr. NELSON)) to the bill H.R. 636, to amend the Internal Revenue Code of paragraph (1) shall provide for— to amend the Internal Revenue Code of 1986 to permanently extend increased ‘‘(A) a 10-minute maximum wait time for 99 percent of all passengers as measured in 1986 to permanently extend increased expensing limitations, and for other 15-minute periods each calendar day; expensing limitations, and for other purposes; which was ordered to lie on ‘‘(B) a 5-minute maximum wait time for 95 purposes; which was ordered to lie on the table; as follows: percent of all passengers as measured in 15- the table; as follows: At the appropriate place, insert the fol- minute periods each calendar day; At the end of title V, add the following: lowing: ‘‘(C) 98 percent passenger satisfaction with SEC. 5023. MINIMUM ALTITUDES FOR HELI- SEC. ll. REQUIREMENT FOR LAW ENFORCE- screening processes as measured by customer COPTERS OVER POPULATED AREAS. MENT OFFICERS AND EXPLOSIVE satisfaction surveys; (a) IN GENERAL.—Not later than 1 year DETECTION CANINES AT AIRPORTS. ‘‘(D) 99 percent passenger satisfaction with after the date of the enactment of this Act, (a) REQUIREMENT.—The Administration of the cleanliness and hygiene of the screening the Administrator shall establish a process the Transportation Security Administration area; for evaluating— shall require that the air transportation se- ‘‘(E) 98 percent of responses to submissions (1) whether minimum altitude require- curity program required by section of electronic passenger data returned within ments for helicopter routes over populated 44903(c)(1) of title 49, United States Code, for 4 seconds; and areas can be safely set for the purpose of re- each covered airport include the following: ‘‘(F) 95 percent of all calls to the Transpor- ducing noise effects on the surrounding com- (1) Beginning not more than 30 days after tation Security Administration’s resolution munity; and the date of the enactment of this Act, that a desk answered within 30 seconds. (2) in the case of routes for which min- State or local law enforcement officer is sta- ‘‘(3) SUSPENSION OF STANDARDS.—The Sec- imum altitudes cannot be safely set, whether tioned not more than 300 feet from each pas- retary of Homeland Security may suspend those routes should be otherwise modified, senger screening checkpoint at each covered the standards established under paragraph restricted, or eliminated due to excessive airport. (1) for reasons of national emergency for not noise effects. (2) Beginning not more than 180 days after more than 30 days and shall report the cir- (b) PUBLIC ENGAGEMENT.—In establishing the date of the enactment of this Act, that cumstances for suspension to Congress not the process required by subsection (a), the an explosives detection canine team of a later than 90 days after suspending such Administrator shall— State or local law enforcement agency is as- standards.’’.

VerDate Sep 11 2014 03:43 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.040 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2040 CONGRESSIONAL RECORD — SENATE April 13, 2016 (c) REVISED CUSTOMS REGULATIONS.— the Internal Revenue Code of 1986 to MCCONNELL (for Mr. THUNE (for himself (1) IN GENERAL.—Not later than 90 days permanently extend increased expens- and Mr. NELSON)) to the bill H.R. 636, after the date of the enactment of this Act, ing limitations, and for other purposes; to amend the Internal Revenue Code of the Secretary of Homeland Security shall re- which was ordered to lie on the table; 1986 to permanently extend increased vise section 122.49(a) of title 19, Code of Fed- expensing limitations, and for other eral Regulations, as in effect on the day be- as follows: fore the date of the enactment of this Act, to At the appropriate place, insert the fol- purposes; which was ordered to lie on require that the screening of passenger and lowing: the table; as follows: crew manifests be performed in accordance SEC. lll. EXTENSION OF ENERGY CREDIT FOR On page 116, strike line 21 and all that fol- with service level standards established by OTHER ENERGY PROPERTY. lows through page 117, line 6, and insert the the Commissioner of U.S. Customs and Bor- (a) QUALIFIED FUEL CELL PROPERTY.—Sec- following: der Protection and agreed to by the U.S. tion 48(c)(1)(D) of the Internal Revenue Code ‘‘(a) PROHIBITION.—Any person who oper- Customs and Border Protection User Fee Ad- of 1986 is amended by striking ‘‘for any pe- ates an aircraft and, in doing so, knowingly visory Committee. riod after December 31, 2016’’ and inserting or recklessly interferes with firefighting, law (2) REQUIREMENTS FOR STANDARDS.—The ‘‘the construction of which does not begin enforcement, or emergency response activi- service level standards established pursuant before January 1, 2022’’. ties, shall be subject to the penalties pro- to paragraph (1) shall provide for— (b) QUALIFIED MICROTURBINE PROPERTY.— vided under subsections (b) and (c). ‘‘(b) CRIMINAL PENALTIES.— (A) 98 percent of responses to submissions Section 48(c)(2)(D) of such Code is amended ‘‘(1) IN GENERAL.—Except as provided in of electronic passenger data to be completed by striking ‘‘for any period after December paragraph (2), whoever commits or attempts within 4 seconds; 31, 2016’’ and inserting ‘‘the construction of to commit an offense under subsection (a) (B) 95 percent of all calls to any resolution which does not begin before January 1, 2022’’. shall be fined under title 18, imprisoned for desk to be answered within 30 seconds; (c) COMBINED HEAT AND POWER SYSTEM not more than 5 years, or both. (C) 95 percent of all advance passenger in- PROPERTY.—Section 48(c)(3)(A)(iv) of such ‘‘(2) SERIOUS BODILY INJURY OR DEATH.— formation submitted via interactive batch- Code is amended by striking ‘‘which is placed Whoever attempts to cause, or knowingly or style manifest submissions to be returned in service before January 1, 2017’’ and insert- recklessly causes, serious bodily injury or within 3 minutes; ing ‘‘the construction of which begins before death during the commission of an offense (D) 95 percent of all data submissions re- January 1, 2022’’. under subsection (a) shall be fined under quiring manual resolution by U.S. Customs (d) QUALIFIED SMALL WIND ENERGY PROP- title 18, imprisoned for any term of years or and Border Protection to be provided within ERTY.—Section 48(c)(4)(C) of such Code is for life, or both. 5 minutes; and amended by striking ‘‘for any period after December 31, 2016’’ and inserting ‘‘the con- ‘‘(c) CIVIL PENALTY.—Whoever operates an (E) 99.7 uptime for all passenger informa- aircraft as described in subsection (a) is lia- tion processing systems. struction of which does not begin before Jan- uary 1, 2022’’. ble to the United States for a civil penalty of (3) SUSPENSION OF STANDARDS.—The Sec- not more than $20,000. retary may suspend the standards estab- (e) THERMAL ENERGY PROPERTY.—Section lished pursuant to paragraph (1) for reasons 48(a)(3)(A)(vii) of such Code is amended by SA 3721. Mr. HOEVEN submitted an of national emergency for not more than 30 striking ‘‘periods ending before January 1, 2017’’ and inserting ‘‘property the construc- amendment intended to be proposed to days and shall report the circumstances for amendment SA 3679 proposed by Mr. suspension to Congress not later than 90 days tion of which begins before January 1, 2022’’. MCCONNELL (for Mr. THUNE (for himself after suspending such standards. (f) PHASEOUT OF 30 PERCENT CREDIT RATE (d) AMENDMENT TO CUSTOMS LAWS.—Sec- FOR FUEL CELL AND SMALL WIND ENERGY and Mr. NELSON)) to the bill H.R. 636, tion 3061 of the Revised Statutes (19 U.S.C. PROPERTY.—Subsection (a) of section 48 of to amend the Internal Revenue Code of 482) is amended by adding at the end the fol- such Code is amended by adding at the end 1986 to permanently extend increased lowing: the following new paragraph: expensing limitations, and for other ‘‘(c) SEARCHES AT PORTS OF ENTRY.— ‘‘(7) PHASEOUT FOR QUALIFIED FUEL CELL purposes; which was ordered to lie on ‘‘(1) IN GENERAL.—Search of passengers PROPERTY AND QUALIFIED SMALL WIND ENERGY the table; as follows: pursuant to subsection (a) at service ports PROPERTY.—In the case of qualified fuel cell and ports of entry (as listed in section 101.3 property or qualified small wind energy Strike section 2138 and insert the fol- of title 19, Code of Federal Regulations (or property, the construction of which begins lowing: any corresponding similar regulations or rul- before January 1, 2022, the energy percentage SEC. 2138. UNMANNED AIRCRAFT SYSTEMS TRAF- ing)), shall be performed in accordance with determined under paragraph (2) shall be FIC MANAGEMENT. (a) RESEARCH PLAN FOR UTM DEVELOP- service level standards established by the equal to— MENT.— Commissioner of U.S. Customs and Border ‘‘(A) in the case of any property the con- (1) IN GENERAL.—The Administrator of the Protection and agreed to by the U.S. Cus- struction of which begins after December 31, Federal Aviation Administration, in coordi- toms and Border Protection User Fee Advi- 2019, and before January 1, 2021, 26 percent, nation with the Administrator of the Na- sory Committee. and tional Aeronautics and Space Administra- ‘‘(2) REQUIREMENTS FOR STANDARDS.—The ‘‘(B) in the case of any property the con- tion, shall develop a research plan for un- service level standards established under struction of which begins after December 31, manned aircraft systems traffic management paragraph (1) shall provide for— 2020, and before January 1, 2022, 22 percent.’’. (referred to in this section as ‘‘UTM’’) devel- ‘‘(A) 95 percent of all persons not requiring (g) EFFECTIVE DATE.—The amendments opment. more than normal inspection to be processed made by this section shall take effect on the (2) REQUIREMENTS.—In developing the re- and cleared within 30 minutes of disem- date of the enactment of this Act. search plan under paragraph (1), the Admin- barkation; istrator shall— ‘‘(B) a 15-minute average queue dwell time SA 3719. Mr. MANCHIN submitted an (A) identify research goals related to— between entering the secondary inspection amendment intended to be proposed to (i) operational parameters related to alti- area and commencing an initial interview amendment SA 3679 proposed by Mr. tude, geographic coverage, classes of air- with a U.S. Customs and Border Protection MCCONNELL (for Mr. THUNE (for himself space, and critical infrastructure; secondary inspector; and and Mr. NELSON)) to the bill H.R. 636, (ii) avionics capability requirements or ‘‘(C) 98 percent of all requests for capture standards; of biometric data for visitors to the United to amend the Internal Revenue Code of (iii) operator identification and authen- States at the primary inspection booth to be 1986 to permanently extend increased tication requirements and capabilities; completed within 15 seconds. expensing limitations, and for other (iv) communication protocols with air traf- ‘‘(3) SUSPENSION OF STANDARDS.—The Sec- purposes; which was ordered to lie on fic control facilities that will not interfere retary of Homeland Security may suspend the table; as follows: with existing responsibility to deconflict the standards established under paragraph On page 298, between lines 19 and 20, insert manned aircraft in the national airspace sys- (1) for reasons of national emergency for not the following: tem; more than 30 days and shall report the cir- (3) choices that consumers have in choos- (v) collision avoidance requirements; cumstances for suspension to Congress not ing an air carrier based on change, cancella- (vi) separation standards for manned and later than 90 days after suspending such tion, and baggage fees in large, medium, and unmanned aircraft; standards.’’. small markets; and (vii) spectrum needs; and (4) the potential effect on availability of SA 3718. Mr. CARPER (for himself, (viii) provision of traffic position informa- air service if change, cancellation, or bag- tion and weather through a traffic informa- Mr. SCHUMER, Mr. WYDEN, and Mr. gage fees were regulated by the Federal Gov- tion service to operators of unmanned air- COONS) submitted an amendment in- ernment. craft systems; tended to be proposed to amendment (B) evaluate options for the administration SA 3679 proposed by Mr. MCCONNELL SA 3720. Mrs. SHAHEEN submitted and management structure for the traffic (for Mr. THUNE (for himself and Mr. an amendment intended to be proposed management of low altitude operations of NELSON)) to the bill H.R. 636, to amend to amendment SA 3679 proposed by Mr. small unmanned aircraft systems;

VerDate Sep 11 2014 03:43 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.041 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2041 (C) ensure the plan is consistent with the clude requirements or standards consistent Education Assistance Act of 1980 (8 U.S.C. broader Federal Aviation Administration with established or planned rulemaking for, 1522 note)).’’. regulatory and operational framework en- at a minimum— (3) APPLICABILITY.—The amendments made compassing all unmanned aircraft systems (A) the flight of small unmanned aircraft by this subsection shall only apply to na- operations expected to be authorized in the systems in controlled and uncontrolled air- tionals of Cuba who enter the United States national airspace system; and space; on or after the date of the enactment of this (D) ensure the plan utilizes existing sur- (B) communications, as applicable— Act. veillance networks and services provided (i) among small unmanned aircraft sys- (c) REPORT.—Not later than 90 days after under the surveillance and broadcast serv- tems; the date of the enactment of this Act, the In- ices program, augmented as necessary with (ii) between small unmanned aircraft sys- spector General of the Social Security Ad- additional surveillance assets to provide ad- tems and manned aircraft operating in the ministration shall submit a report to Con- ditional low altitude coverage. same airspace; and gress that describes the methods by which (3) ASSESSMENT.—The research plan under (iii) between small unmanned aircraft sys- the provision described in section 416.215 of paragraph (1) shall include an assessment tems and air traffic control as considered title 20, Code of Federal Regulations, is being of— necessary; enforced. (A) the ability to allow near-term small (C) air traffic management for small un- unmanned aircraft system operations with- manned aircraft systems operations; and SA 3723. Ms. MURKOWSKI (for her- out need of an automated UTM system; (D) networked air traffic surveillance. self and Mr. SULLIVAN) submitted an (B) the full range of operational capability (d) SYSTEM IMPLEMENTATION.—Based on the amendment intended to be proposed to any automated UTM system should possess; comprehensive plan under subsection (c), in- amendment SA 3679 proposed by Mr. (C) the operational characteristics and cluding the requirements under paragraph (2) MCCONNELL (for Mr. THUNE (for himself metrics that would drive incremental adop- of that subsection, and the pilot program tion of automated capability and procedures under subsection (b), the Administrator shall and Mr. NELSON)) to the bill H.R. 636, consistent with a rising aggregate commu- determine the operational need and imple- to amend the Internal Revenue Code of nity demand for service for low altitude op- mentation schedule for evolutionary use of 1986 to permanently extend increased erations of small unmanned aircraft sys- automation support systems to separate and expensing limitations, and for other tems; deconflict manned and unmanned aircraft purposes; which was ordered to lie on (D) the integration points for small un- systems. the table; as follows: manned aircraft system traffic management with the existing national airspace system SA 3722. Mr. RUBIO submitted an On page 84, between lines 13 and 14, insert planning and traffic management systems; the following: amendment intended to be proposed to ‘‘(f) SPECIAL RULES FOR CERTAIN UNMANNED and amendment SA 3679 proposed by Mr. (E) the ability of a common air traffic sur- AIRCRAFT SYSTEMS AND OPERATIONS IN THE veillance platform to provide situational MCCONNELL (for Mr. THUNE (for himself ARCTIC.— awareness for beyond-line-of-sight oper- and Mr. NELSON)) to the bill H.R. 636, ‘‘(1) IN GENERAL.—Notwithstanding any ations. to amend the Internal Revenue Code of other provision of this chapter, and not later (4) DEADLINES.—The Administrator shall— 1986 to permanently extend increased than 180 days after the date of the enactment (A) initiate development of the research expensing limitations, and for other of the Federal Aviation Administration Re- plan not later than 90 days after the date of purposes; which was ordered to lie on authorization Act of 2016, the Secretary shall determine if certain unmanned aircraft sys- enactment of this Act; and the table; as follows: (B) not later than 180 days after the date of tems may operate safely in the Arctic be- enactment of this Act— At the appropriate place, insert the fol- yond the limitations of the notice of pro- (i) complete the research plan; lowing: posed rulemaking relating to operation and (ii) submit the research plan to the appro- SEC. ll. CUBAN IMMIGRANTS. certification of small unmanned aircraft sys- priate committees of Congress; and (a) SHORT TITLE.—This section may be tems (80 Fed. Reg. 9544), including operation (iii) publish the research plan on the Fed- cited as the ‘‘Cuban Immigrant Work Oppor- of such systems beyond the visual line of eral Aviation Administration’s Web site. tunity Act of 2016’’. sight of the operator. (b) PILOT PROGRAM.— (b) CERTAIN CUBANS INELIGIBLE FOR REF- ‘‘(2) ASSESSMENT OF UNMANNED AIRCRAFT (1) IN GENERAL.—Not later than 120 days UGEE ASSISTANCE.— SYSTEMS.—In making the determination re- after the date the research plan under sub- (1) IN GENERAL.—Title V of the Refugee quired by paragraph (1), the Secretary shall section (a) is submitted under paragraph Education Assistance Act of 1980 (8 U.S.C. determine, at a minimum— (4)(B) of that subsection, the Administrator 1522 note) is amended— ‘‘(A) which types of unmanned aircraft sys- of the Federal Aviation Administration shall (A) in the title heading, by striking tems, if any, as a result of their size, weight, coordinate with the Administrator of the Na- ‘‘CUBAN AND’’; speed, operational capability, proximity to tional Aeronautics and Space Administra- (B) in section 501— airports and populated areas, and operation tion and the small unmanned aircraft sys- (i) by striking ‘‘Cuban and’’ each place beyond visual line of sight do not create a tems industry to develop operational con- such phrase appears; hazard to users of the airspace over the Arc- cepts and top-level system requirements for (ii) in subsection (d), by striking ‘‘Cuban tic or the public or pose a threat to national a UTM system pilot program, consistent or’’; and security; with subsection (a). (iii) in subsection (e)— ‘‘(B) which beyond-line-of-sight operations (2) USE OF CENTER OF EXCELLENCE AND TEST (I) in paragraph (1)— provide extraordinary public benefit justi- SITES.—In developing and carrying out the (aa) by striking ‘‘Cuban/’’ and fying safe accommodation of the operations pilot program under this subsection, the Ad- (bb) by striking ‘‘Cuba or’’; and while minimizing restrictions on manned ministrator shall, to the maximum extent (II) in paragraph (2), by striking ‘‘Cuba aircraft operations; and practicable, leverage the capabilities of and or’’. ‘‘(C) whether a certificate of waiver, cer- utilize the Center of Excellence for Un- (2) CONFORMING AMENDMENTS.— tificate of authorization, or airworthiness manned Aircraft Systems and the test sites (A) PERSONAL RESPONSIBILITY AND WORK OP- certification under section 44704 is required (as defined by section 44801 of title 49, United PORTUNITY RECONCILIATION ACT OF 1996.—Sec- for the operation of unmanned aircraft sys- States Code, as added by section 2121). tion 403(b)(1)(D) of the Personal Responsi- tems identified under subparagraph (A). (3) SOLICITATION.—The Administrator shall bility and Work Opportunity Reconciliation ‘‘(3) REQUIREMENTS FOR SAFE OPERATION.— issue a solicitation for operational prototype Act of 1996 (8 U.S.C. 1613(b)(1)(D)) is amended, If the Secretary determines under this sub- systems that meet the necessary objectives by striking ‘‘a Cuban’’ and all that follows section that certain unmanned aircraft sys- for use in a pilot program to demonstrate, and inserting ‘‘an eligible participant (as de- tems may operate safely in the Arctic be- validate, or modify, as appropriate, the re- fined in section 101(3) of the Refugee Edu- yond the visual line of sight of the operator, quirements developed under paragraph (1). cation Assistance Act of 1980 (8 U.S.C. 1522 the Secretary shall establish requirements (c) COMPREHENSIVE PLAN.— note)).’’. for the safe equipage and operation of such (1) IN GENERAL.—Not later than 270 days (B) OMNIBUS EDUCATION RECONCILIATION ACT aircraft systems while minimizing the effect after the date the pilot program under sub- OF 1981.—Section 543(a)(2) of the Omnibus on manned aircraft operations.’’. section (b) is complete, the Administrator of Education Reconciliation Act of 1981 (title V the Federal Aviation Administration, in co- of Public Law 97–35) is amended by striking SA 3724. Ms. MURKOWSKI (for her- ordination with the Administrator of the Na- ‘‘a Cuban-Haitian entrant’’ and inserting ‘‘a self and Mr. SULLIVAN) submitted an tional Aeronautics and Space Administra- Haitian entrant’’. amendment intended to be proposed to tion, and in consultation with the head of (C) IMMIGRATION AND NATIONALITY ACT.— amendment SA 3679 proposed by Mr. each relevant Federal agency, shall develop Section 245A(h)(2)(A) of the Immigration and a comprehensive plan for the deployment of Nationality Act (8 U.S.C. 1255a(h)(2)(A)) is MCCONNELL (for Mr. THUNE (for himself UTM systems in the national airspace. amended by striking ‘‘a Cuban’’ and all that and Mr. NELSON)) to the bill H.R. 636, (2) SYSTEM REQUIREMENTS.—The com- follows and inserting ‘‘an eligible participant to amend the Internal Revenue Code of prehensive plan under paragraph (1) shall in- (as defined in section 101(3) of the Refugee 1986 to permanently extend increased

VerDate Sep 11 2014 03:43 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.042 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2042 CONGRESSIONAL RECORD — SENATE April 13, 2016 expensing limitations, and for other SEC. 5009. INTERFERENCE WITH AIR CARRIER scheduled rest period of at least 10 consecu- purposes; which was ordered to lie on EMPLOYEES. tive hours and that such rest period is not the table; as follows: (a) IN GENERAL.—Section 46503 is amended reduced under any circumstances. by inserting after ‘‘to perform those duties’’ At the appropriate place, insert the fol- the following ‘‘, or who assaults an air car- SA 3729. Mr. VITTER submitted an lowing: rier customer representative in an airport, amendment intended to be proposed to SEC. llll. MODIFICATION OF EXCISE TAX EX- including a gate or ticket agent, who is per- amendment SA 3679 proposed by Mr. EMPTION FOR SMALL AIRCRAFT ON forming the duties of the representative or MCCONNELL (for Mr. THUNE (for himself ESTABLISHED LINES. agent,’’. (a) IN GENERAL.—Section 4281 of the Inter- and Mr. NELSON)) to the bill H.R. 636, (b) CONFORMING AMENDMENT.—Section to amend the Internal Revenue Code of nal Revenue Code of 1986 is amended— 46503 is amended in the section heading by (1) in subsection (a), by striking ‘‘6,000 inserting ‘‘or air carrier customer represent- 1986 to permanently extend increased pounds or less’’ and inserting ‘‘12,500 pounds atives’’ after ‘‘screening personnel’’. expensing limitations, and for other or less’’, and (c) CLERICAL AMENDMENT.—The analysis purposes; which was ordered to lie on (2) by striking subsection (c) and inserting for chapter 465 is amended by striking the the table; as follows: the following: item relating to section 46503 and inserting At the appropriate place, insert the fol- ‘‘(c) ESTABLISHED LINE.—For purposes of the following: lowing. this section, an aircraft shall not be consid- ‘‘46503. Interference with security screening (3) PENALTIES FOR VIOLATIONS OF CITIZEN- ered as operated on an established line if op- personnel or air carrier cus- SHIP CONTROL REQUIREMENTS.—Section erated under an authorization to conduct on- tomer representatives.’’. 46301(a), as amended by paragraph (1), is fur- demand operations in common carriage pur- ther amended— suant to section 119.21(a)(5) of title 14, Code SA 3727. Ms. CANTWELL (for herself (A) in paragraph (1)(A), by inserting ‘‘(ex- of Federal Regulations, as in effect on the cept as provided in paragraph (7))’’ after date of the enactment of the Federal Avia- and Mrs. MURRAY) submitted an amendment intended to be proposed to ‘‘chapter 411’’; and tion Administration Reauthorization Act of (B) by adding at the end the following: 2016.’’. amendment SA 3679 proposed by Mr. ‘‘(7) PENALTIES FOR VIOLATIONS OF CITIZEN- (b) EFFECTIVE DATE.—The amendments MCCONNELL (for Mr. THUNE (for himself SHIP CONTROL REQUIREMENTS.—(A) A person made by this section shall apply to taxable and Mr. NELSON)) to the bill H.R. 636, that controls an air carrier required to hold transportation provided after the date of the to amend the Internal Revenue Code of a certificate under section 41101(a) or to be enactment of this Act. 1986 to permanently extend increased exempted from such requirement under sec- expensing limitations, and for other tion 40109 and is not a citizen of the United SA 3725. Mr. FLAKE submitted an purposes; which was ordered to lie on States— amendment intended to be proposed to ‘‘(i) shall be liable to the United States the table; as follows: amendment SA 3679 proposed by Mr. Government for a civil penalty of not more MCCONNELL (for Mr. THUNE (for himself At the appropriate place, insert the fol- than $25,000 for each day or each flight dur- lowing: and Mr. NELSON)) to the bill H.R. 636, ing which the person is not in compliance to amend the Internal Revenue Code of SEC. ll. RESEARCH PROGRAM ON ALTER- with section 41101(a) or 40109, as applicable NATIVE JET FUEL TECHNOLOGY (or of not more than $1,100 for each such day 1986 to permanently extend increased FOR CIVIL AIRCRAFT. or such flight if the person is an individual expensing limitations, and for other Section 911 of the FAA Modernization and or small business concern and the controlled purposes; which was ordered to lie on Reform Act of 2012 (Public Law 112–95; 49 air carrier is also a small business concern); the table; as follows: U.S.C. 44504 note) is amended— ‘‘(ii) shall not be jointly and severally lia- At the end of title V, add the following: (1) in subsection (a), by striking ‘‘to assist ble for any civil penalty imposed pursuant to in’’ and inserting ‘‘with the objective of ac- paragraph (1) on the air carrier under such SEC. 5037. AUTHORIZATION OF AIR CARRIERS TO celerating’’; PROVIDE SERVICE BETWEEN THE unlawful control; UNITED STATES AND CUBA FOR (2) in subsection (c)(1)(B), by inserting ‘‘(iii) shall be deemed to have engaged in CITIZENS OF OTHER COUNTRIES ‘‘and ability to prioritize researchable con- unfair and deceptive practices and unfair WITH ITINERARIES THAT BEGIN AND straints’’ after ‘‘with experience’’; and methods of competition in violation of sec- END OUTSIDE THE UNITED STATES. (3) by adding at the end the following: tion 41712; and (a) IN GENERAL.—Notwithstanding any ‘‘(e) COLLABORATION AND REPORT.— ‘‘(iv) shall be jointly and severally liable, other provision of law, an air carrier pro- ‘‘(1) COLLABORATION.—The Administrator, together with the air carrier operating under viding permissible scheduled service between in coordination with the Administrator of such unlawful control, to pay restitution to the United States and Cuba pursuant to a NASA, the Secretary of Energy, and the Sec- any air carrier subject to such unfair and de- frequency allocation by the Department of retary of Agriculture, shall continue re- ceptive practices and unfair methods of com- Transportation may carry passengers who search and development activities into the petition as ordered by the Secretary of are citizens of countries other than the development and deployment of jet fuels de- Transportation. United States or Cuba and their accom- scribed in subsection (a). ‘‘(B) The Secretary of Transportation is panied baggage to or from Cuba to the same ‘‘(2) REPORT.—Not later than 180 days after authorized to consider any amounts paid in extent as the air carrier would be authorized the date of the enactment of the Federal restitution as a mitigating factor when im- to carry those passengers to any other des- Aviation Administration Reauthorization posing a civil penalty under this paragraph. tination, provided that the ticketed Act of 2016, the Administrator, in coordina- ‘‘(C) Any aircraft operated by an air car- itinerary for those passengers begins and tion with the Administrator of NASA, the rier that is not a citizen of the United States ends outside the United States. Secretary of Energy, and the Secretary of shall be prohibited from operating within the (b) CITIZENSHIP.—An air carrier may rely Agriculture, and after consultation with the United States until any civil penalty or res- on the passport presented by the passenger heads of other relevant agencies, shall sub- titution imposed pursuant to this paragraph in determining the citizenship of the pas- mit to Congress a joint plan to carry out the has been satisfied.’’. senger under subsection (a). research described in paragraph (1).’’. (c) REGULATIONS.—Not later than 60 days SA 3730. Mr. VITTER submitted an after the date of the enactment of this Act, SA 3728. Ms. CANTWELL (for herself, amendment intended to be proposed to the President shall prescribe regulations to Mrs. MURRAY, Mr. BLUMENTHAL, and amendment SA 3679 proposed by Mr. implement this section. Mr. MARKEY) submitted an amendment MCCONNELL (for Mr. THUNE (for himself intended to be proposed to amendment and Mr. NELSON)) to the bill H.R. 636, SA 3726. Ms. CANTWELL (for herself, SA 3679 proposed by Mr. MCCONNELL to amend the Internal Revenue Code of Mrs. MURRAY, and Ms. HIRONO) sub- (for Mr. THUNE (for himself and Mr. 1986 to permanently extend increased mitted an amendment intended to be NELSON)) to the bill H.R. 636, to amend expensing limitations, and for other proposed to amendment SA 3679 pro- the Internal Revenue Code of 1986 to purposes; which was ordered to lie on posed by Mr. MCCONNELL (for Mr. permanently extend increased expens- the table; as follows: THUNE (for himself and Mr. NELSON)) to ing limitations, and for other purposes; At the appropriate place, insert the fol- the bill H.R. 636, to amend the Internal which was ordered to lie on the table; lowing: Revenue Code of 1986 to permanently as follows: SEC. ll. ENFORCEMENT OF CERTIFICATE RE- extend increased expensing limita- QUIREMENTS. tions, and for other purposes; which On page 198, strike lines 3 through 11, and (a) CIVIL ACTIONS AUTHORIZED.—Section insert the following: was ordered to lie on the table; as fol- 46101(a) is amended by adding at the end the (b) CONTENTS.—In revising the regulations following: lows: under subsection (a), the Administrator shall ‘‘(5)(A) If a complaint filed under this sub- Strike section 5009 and insert the fol- ensure that a flight attendant scheduled to a section alleges that an air carrier required to lowing: duty period of 14 hours or less is given a hold a certificate under section 41101(a) or

VerDate Sep 11 2014 05:25 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.047 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2043 exempted from such requirement under sec- petition as ordered by the Secretary of SA 3732. Mr. BOOKER (for himself, tion 40109 is not a citizen of the United Transportation. Mr. DAINES, and Mr. HELLER) sub- States, and the Secretary of Transportation, ‘‘(B) The Secretary of Transportation is mitted an amendment intended to be authorized to consider any amounts paid in the Under Secretary for Policy, or the Ad- proposed to amendment SA 3679 pro- ministrator of the Federal Aviation Admin- restitution as a mitigating factor when im- istration dismisses the complaint without a posing a civil penalty under this paragraph. posed by Mr. MCCONNELL (for Mr. hearing or fails to resolve the complaint on ‘‘(C) Any aircraft operated by an air car- THUNE (for himself and Mr. NELSON)) to the merits within 180 days after such com- rier that is not a citizen of the United States the bill H.R. 636, to amend the Internal plaint is filed, the complainant may bring a shall be prohibited from operating within the Revenue Code of 1986 to permanently civil action against the air carrier in a dis- United States until any civil penalty or res- extend increased expensing limita- trict court of the United States pursuant to titution imposed pursuant to this paragraph tions, and for other purposes; which section 46108. has been satisfied.’’. was ordered to lie on the table; as fol- ‘‘(B) A civil action authorized under sub- paragraph (A) shall not be subject to dis- SA 3731. Mrs. BOXER submitted an lows: missal or stay on the grounds that adminis- amendment intended to be proposed to At the end of subtitle A of title IV, insert trative remedies have not been exhausted or amendment SA 3679 proposed by Mr. the following: that the action is subject to the primary ju- MCCONNELL (for Mr. THUNE (for himself SEC. 4118. SENSE OF CONGRESS ON THE NEXT risdiction of the Federal Aviation Adminis- GENERATION AIR TRANSPORTATION and Mr. NELSON)) to the bill H.R. 636, tration. SYSTEM. ‘‘(C) Nothing in this paragraph may be con- to amend the Internal Revenue Code of It is the sense of Congress that— strued to require a person to file a complaint 1986 to permanently extend increased (1) the Next Generation Air Transportation pursuant to paragraph (1) before bringing a expensing limitations, and for other System (known as ‘‘NextGen’’) could, if prop- civil action pursuant to section 46108.’’. purposes; which was ordered to lie on erly implemented, provide much needed (b) REMEDIES.—Section 46108 is amended— the table; as follows: modernization of air traffic technologies to (1) by striking ‘‘An interested person’’ and meet the future needs of the national air- At the end of subtitle A of title II, add the inserting the following: space; following: ‘‘(a) IN GENERAL.—An interested person’’; (2) once fully implemented, advancements (2) in subsection (a), as designated, by PART V—SAFE OPERATION OF from implementation of the Next Generation striking ‘‘of this title’’ and all that follows UNMANNED AIRCRAFT SYSTEMS Air Transportation System could result in and inserting ‘‘or to enforce the terms of an SEC. 2171. SHORT TITLE. billions of dollars of economic benefits to air exemption issued under section 40109.’’; and This part may be cited as the ‘‘Safety for carriers and the travel industry; (3) by adding at the end the following: Airports and Firefighters by Ensuring (3) the Next Generation Air Transportation ‘‘(b) DEFENDANTS.—A person that controls Drones Refrain from Obstructing Necessary System has the potential to improve air traf- an air carrier required to hold a certificate Equipment Act of 2016’’ or the ‘‘SAFE fic management by— under section 41101(a) or exempted from such DRONE Act of 2016’’. (A) improving weather forecasting; requirement under section 40109 may be SEC. 2172. CRIMINAL PENALTY FOR OPERATING (B) enhancing safety; named as a defendant in an action under this DRONES IN CERTAIN LOCATIONS. (C) creating more flexible spacing and se- section if such person is not a citizen of the (a) IN GENERAL.—Chapter 2 of title 18, quencing of aircraft; United States. United States Code, is amended by adding at (D) reducing air traffic separation; and ‘‘(c) LIABILITY.—A person described in sub- the end the following: (E) reducing congestion; section (b)— ‘‘§ 40A. Operating drones in certain locations (4) improvements to air traffic manage- ‘‘(1) shall be jointly and severally liable for ment through the implementation of the ‘‘(a) OFFENSE.—It shall be unlawful for a any damages suffered by a citizen of the Next Generation Air Transportation System person to knowingly operate a drone in a re- United States as a result of the person’s fail- will provide benefits— stricted area without proper authorization ure to comply with section 41101(a); and (A) to the flying public, such as reduced from the Federal Aviation Administration. ‘‘(2) shall be subject to injunctive relief. delays, reduced wait times, more direct ‘‘(b) EXCEPTION.—Subsection (a) shall not ‘‘(d) VENUE.—A civil action under this sec- flights, and an overall enhanced flying expe- tion may be brought in the judicial district apply to operations conducted for purposes of firefighting or emergency response by a rience; and in which any defendant does business or in (B) to commercial air carriers, such as fuel the judicial district in which the violation Federal, State, or local unit of government (including any individual conducting such cost savings, lower operational costs, and occurred.’’. improved customer satisfaction; and (c) PENALTIES FOR VIOLATIONS OF CITIZEN- operations pursuant to a contract or other agreement entered into with the unit). (5) fully and swiftly implementing the Next SHIP CONTROL REQUIREMENTS.—Section Generation Air Transportation System ‘‘(c) REGULATIONS.—Not later than 90 days 46301(a), as amended by section 2133(b)(1), is should remain a top priority for the United further amended— after the date of the enactment of this sec- tion, the Attorney General shall, by regula- States to maximize the efficiency of the air- (1) in paragraph (1)(A), by inserting ‘‘(ex- space system of the United States, maintain cept as provided in paragraph (7))’’ after tion, establish penalties for a violation of this section that the Attorney General deter- a competitive advantage, and remain a glob- ‘‘chapter 411’’; and al leader in aviation. (2) by adding at the end the following: mines are reasonably calculated to provide a ‘‘(7) PENALTIES FOR VIOLATIONS OF CITIZEN- deterrent to operating drones in restricted SA 3733. Mr. HOEVEN (for himself SHIP CONTROL REQUIREMENTS.—(A) A person areas, which may include a term of imprison- that controls an air carrier required to hold ment. and Mr. WYDEN) submitted an amend- a certificate under section 41101(a) or to be ‘‘(d) DEFINITIONS.—In this section— ment intended to be proposed to exempted from such requirement under sec- ‘‘(1) the term ‘drone’ has the meaning amendment SA 3679 proposed by Mr. tion 40109 and is not a citizen of the United given the term ‘unmanned aircraft’ in sec- MCCONNELL (for Mr. THUNE (for himself States— tion 44801 of title 49; and Mr. NELSON)) to the bill H.R. 636, ‘‘(i) shall be liable to the United States ‘‘(2) the terms ‘large hub airport’, ‘medium to amend the Internal Revenue Code of Government for a civil penalty of not more hub airport’, and ‘small hub airport’ have the meanings given those terms in section 1986 to permanently extend increased than $25,000 for each day or each flight dur- expensing limitations, and for other ing which the person is not in compliance 47102 of title 49; and with section 41101(a) or 40109, as applicable ‘‘(3) the term ‘restricted area’ means— purposes; which was ordered to lie on (or of not more than $1,100 for each such day ‘‘(A) within a 2-mile radius of a small hub the table; as follows: or such flight if the person is an individual airport, medium hub airport, or large hub At the end of part II of subtitle A of title or small business concern and the controlled airport; II, add the following: air carrier is also a small business concern); ‘‘(B) within 2 miles of the outermost pe- SEC. 2144. EXEMPTION FOR THE OPERATION OF ‘‘(ii) shall be jointly and severally liable rimeter of an ongoing firefighting operation CERTAIN UNMANNED AIRCRAFT AT for any civil penalty imposed pursuant to involving the Department of Agriculture or TEST SITES. paragraph (1) on the air carrier under such the Department of the Interior; or (a) IN GENERAL.—Not later than 30 days unlawful control; ‘‘(C) in an area that is subject to a tem- after the date of the enactment of this Act, ‘‘(iii) shall be deemed to have engaged in porary flight restriction issued by the Ad- and without the opportunity for prior public unfair and deceptive practices and unfair ministrator of the Federal Aviation Admin- notice and comment, the Administrator methods of competition in violation of sec- istration.’’. shall grant an exemption for the operation of tion 41712; and (b) CLERICAL AMENDMENT.—The table of unmanned aircraft systems for any non- ‘‘(iv) shall be jointly and severally liable, sections at the beginning of chapter 2 of title hobby, non-recreational, and non-commer- together with the air carrier operating under 18, United States Code, is amended by adding cial purpose under the oversight of an un- such unlawful control, to pay restitution to at the end the following new item: manned aircraft system test site to all per- any air carrier subject to such unfair and de- ‘‘40A. Operating drones in certain loca- sons that meet the terms, conditions, and ceptive practices and unfair methods of com- tions.’’. limitations described in subsection (b) for

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(b) TERMS, CONDITIONS, AND LIMITATIONS.— tion or certificate, and any other activity (C) Assisting in the development of civil (1) IN GENERAL.—The exemption granted carried out by the Federal Aviation Adminis- unmanned aircraft airworthiness certifi- under subsection (a) or any amendment to tration under this section shall be made cation, development of airborne and ground- that exemption— without regard to— based sense and avoid capabilities for un- (A) shall, at a minimum, exempt the oper- (A) the notice and comment provisions of manned aircraft systems, and research and ator of an unmanned aircraft system from section 553 of title 5, United States Code; and development on unmanned aircraft systems, the provisions of parts 21, 43, 61, and 91 of (B) chapter 35 of title 44, United States especially with respect to matters involving title 14, Code of Federal Regulations, that Code (commonly known as the ‘‘Paperwork human factors, information assurance, and are applicable only to civil aircraft or civil Reduction Act’’). security. aircraft operations; (2) SAVINGS PROVISIONS.—Nothing in this (b) PARTICIPATION BY FEDERAL AVIATION (B) may contain such other terms, condi- section shall be construed to— ADMINISTRATION IN DEPARTMENT OF DEFENSE tions, and limitations as the Administrator (A) affect the issuance of a rule by or any ACTIVITIES.— may deem necessary in the interest of avia- other activity of the Secretary of Transpor- (1) IN GENERAL.—The Administrator may tion safety or the efficiency of the national tation or the Administrator under any other participate and provide assistance for par- airspace system; and provision of law; or ticipation in test and evaluation efforts of (C) shall require a person, before initiating (B) invalidate an exemption granted or cer- the Department of Defense, including the Air an operation under the exemption, to provide tificate of waiver or authorization issued by Force, relating to ground-based sense and written notice to the unmanned aircraft sys- the Administrator before the date of the en- avoid and airborne sense and avoid capabili- tem test site overseeing the operation, in a actment of this Act. ties for unmanned aircraft systems. form and manner specified by the Adminis- (g) DEFINITIONS.—In this section: (2) PARTICIPATION THROUGH CENTERS OF EX- trator, that states, at a minimum, that the (1) ADMINISTRATOR.—The term ‘‘Adminis- CELLENCE AND TEST SITES.—Participation person has read, understands, and will com- trator’’ means the Administrator of the Fed- under paragraph (1) may include provision of ply with all terms, conditions, and limita- eral Aviation Administration. assistance through the Unmanned Aircraft tions of the exemption and applicable certifi- (2) AIRMAN CERTIFICATE.—The term ‘‘air- Systems Center of Excellence and Unmanned cates of waiver or authorization. man certificate’’ means an airman certifi- Aircraft Systems Test Sites. (2) TRANSMISSION TO FEDERAL AVIATION AD- cate issued under section 44703 of title 49, MINISTRATION.—The unmanned aircraft sys- United States Code. SA 3735. Mr. SASSE submitted an tem test site overseeing an operation shall (3) CERTIFICATE OF WAIVER OR AUTHORIZA- amendment intended to be proposed to transmit to the Federal Aviation Adminis- TION.—The term ‘‘certificate of waiver or au- amendment SA 3679 proposed by Mr. tration copies of all notices under paragraph thorization’’ means an authorization issued (1)(C) relating to the operation in a form and by the Federal Aviation Administration for MCCONNELL (for Mr. THUNE (for himself manner specified by the Administrator. the operation of aircraft in deviation from a and Mr. NELSON)) to the bill H.R. 636, (c) NO AIRWORTHINESS OR AIRMAN CERTIFI- rule or regulation and includes the terms, to amend the Internal Revenue Code of CATE REQUIRED.— conditions, and limitations of the authoriza- 1986 to permanently extend increased (1) IN GENERAL.—Notwithstanding para- tion. expensing limitations, and for other graph (1), (2)(A), or (3) of section 44711(a) of (4) UNMANNED AIRCRAFT; UNMANNED AIR- purposes; which was ordered to lie on title 49, United States Code, the Adminis- CRAFT SYSTEM.—The terms ‘‘unmanned air- the table; as follows: trator may allow a person may operate, or craft’’ and ‘‘unmanned aircraft system’’ have employ an airman who operates, an un- the meanings given those terms in section At the end of title V, add the following: manned aircraft system for any non-hobby 44801 of title 49, United States Code, as added SEC. 5037. LIMITATION ON DISCRETION OF U.S. or non-recreational purpose under the over- by section 2121. CUSTOMS AND BORDER PROTEC- sight of an unmanned aircraft system test (5) UNMANNED AIRCRAFT SYSTEM TEST TION TO SPEND FEES. site without an airman certificate and with- SITE.—The term ‘‘unmanned aircraft system Notwithstanding any other provision of out an airworthiness certificate for the air- test site’’ means an entity designated to op- law, any amounts collected as fees by the craft if the operations of the unmanned air- erate a test site, as defined by section 44801of Commissioner of U.S. Customs and Border craft system meet all terms, limitations, and title 49, United States Code, as added by sec- Protection shall be deposited in the general conditions of an exemption issued under sub- tion 2121. fund of the Treasury and shall be available section (a) and of a certificate of waiver or to U.S. Customs and Border Protection only authorization issued to the unmanned air- SA 3734. Mr. BROWN (for himself and as provided for in advance in an appropria- craft system test site by the Administrator. Mr. PORTMAN) submitted an amend- tions Act. (2) PILOT CERTIFICATION EXEMPTION.—If the ment intended to be proposed to Secretary proposes, under this section, to re- SA 3736. Mr. WARNER (for himself quire an operator of an unmanned aircraft amendment SA 3679 proposed by Mr. MCCONNELL (for Mr. THUNE (for himself and Mr. INHOFE) submitted an amend- system to hold an airman certificate or a ment intended to be proposed to medical certificate, or to have a minimum and Mr. NELSON)) to the bill H.R. 636, number of hours operating a manned air- to amend the Internal Revenue Code of amendment SA 3679 proposed by Mr. craft, the Secretary shall set forth the rea- 1986 to permanently extend increased MCCONNELL (for Mr. THUNE (for himself soning for such proposal and seek public no- expensing limitations, and for other and Mr. NELSON)) to the bill H.R. 636, tice and comment before imposing any such purposes; which was ordered to lie on to amend the Internal Revenue Code of requirements. the table; as follows: 1986 to permanently extend increased (d) DATA AVAILABLE FOR CERTIFICATE OF At the appropriate place in subtitle A of expensing limitations, and for other AIRWORTHINESS.—The Administrator shall purposes; which was ordered to lie on accept data collected or developed as a result title II, insert the following: of an operation of an unmanned aircraft sys- SEC. llll. COLLABORATION BETWEEN FED- the table; as follows: tem conducted under the oversight of an un- ERAL AVIATION ADMINISTRATION On page 125, line 11, insert ‘‘, or commer- manned aircraft system test site pursuant to AND DEPARTMENT OF DEFENSE ON cial operators operating under contract with an exemption issued under subsection (a) for UNMANNED AIRCRAFT SYSTEMS. a public entity,’’ after ‘‘systems’’. consideration in an application for an air- (a) COLLABORATION BETWEEN FEDERAL worthiness certificate for the unmanned air- AVIATION ADMINISTRATION IN DEPARTMENT OF SA 3737. Mr. KIRK (for himself and DEFENSE REQUIRED.— craft system. Mr. HATCH) submitted an amendment (1) IN GENERAL.—The Administrator of the (e) SUNSET.—The exemption issued under intended to be proposed to amendment subsection (a), and any amendment to that Federal Aviation Administration and the exemption, shall cease to be valid on the Secretary of Defense shall collaborate on de- SA 3679 proposed by Mr. MCCONNELL date of the termination of the unmanned air- veloping ground-based sense and avoid (for Mr. THUNE (for himself and Mr. craft system test site program under section (GBSAA) and airborne sense and avoid NELSON)) to the bill H.R. 636, to amend 332(c) of the FAA Modernization and Reform (ABSAA) capabilities for unmanned aircraft the Internal Revenue Code of 1986 to Act of 2012 (Public Law 112–95; 49 U.S.C. 40101 systems (UAS). permanently extend increased expens- note). (2) ELEMENTS.—The collaboration required ing limitations, and for other purposes; (f) RULES OF CONSTRUCTION AND PROCE- by paragraph (1) shall include the following: which was ordered to lie on the table; DURE.— (A) Assisting the Administrator in safely (1) IN GENERAL.—The issuance of an exemp- integrating unmanned aircraft systems and as follows: tion under subsection (a), the issuance of a manned aircraft in the national airspace sys- At the appropriate place, insert the fol- certificate of waiver or authorization (in- tem. lowing:

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Mr. INHOFE submitted an and Section 40122(g)(2)(B) is amended— (1) by inserting ‘‘3304(f),’’ before ‘‘3308- amendment intended to be proposed to (2) in subsection (c), by striking ‘‘ticket amendment SA 3679 proposed by Mr. agent,’’. 3320’’; and (2) by inserting ‘‘3330a, 3330b, 3330c, and MCCONNELL (for Mr. THUNE (for himself SA 3738. Mr. VITTER submitted an 3330d,’’ before ‘‘relating’’. and Mr. NELSON)) to the bill H.R. 636, amendment intended to be proposed to to amend the Internal Revenue Code of SA 3741. Ms. HIRONO (for herself, Mr. amendment SA 3679 proposed by Mr. 1986 to permanently extend increased DAINES, and Mr. TESTER) submitted an expensing limitations, and for other MCCONNELL (for Mr. THUNE (for himself amendment intended to be proposed to purposes; which was ordered to lie on and Mr. NELSON)) to the bill H.R. 636, amendment SA 3679 proposed by Mr. the table; as follows: to amend the Internal Revenue Code of MCCONNELL (for Mr. THUNE (for himself At the end of title V, add the following: 1986 to permanently extend increased and Mr. NELSON)) to the bill H.R. 636, expensing limitations, and for other to amend the Internal Revenue Code of SEC. 5037. LIABILITY PROTECTION FOR VOLUN- TEER PILOTS WHO FLY FOR THE purposes; which was ordered to lie on 1986 to permanently extend increased the table; as follows: PUBLIC BENEFIT. expensing limitations, and for other (a) FINDINGS AND PURPOSES.— At the end of title V, add the following: purposes; which was ordered to lie on (1) FINDINGS.—Congress finds the following: SEC. 5037. MODIFICATIONS TO PILOT PROGRAM the table; as follows: (A) Many volunteer pilots fly for the public ON PRIVATE OWNERSHIP OF AIR- benefit for nonprofit organizations and pro- PORTS. Beginning on page 339, strike line 24, and all that follows through page 340, line 5, and vide valuable services to communities and (a) SUPPORT FOR ESSENTIAL insert the following: individuals in need. PREDEVELOPMENT ACTIVITIES.—Section 47134 (c) APPLICATION.—The amendments made (B) In each calendar year volunteer pilots is amended by adding at the end the fol- by this section shall apply with respect to and the nonprofit organizations those pilots lowing: any employee of the Federal Aviation Ad- fly for provide long-distance, no-cost trans- ‘‘(n) PREDEVELOPMENT GRANTS.—There are ministration or the Transportation Security portation for tens of thousands of people dur- authorized to be appropriated, out of funds Administration hired on or after the date ing times of special need. Flights provide pa- available to the Federal Aviation Adminis- that is 1 year after the date of enactment of tient and medical transport, disaster relief, tration, $15,000,000 for purposes of making this Act. and humanitarian assistance, and conduct grants to airports, in an amount not to ex- (d) POLICIES AND PROCEDURES.—Not later other charitable missions that benefit the ceed $750,000 per grant, to carry out than 270 days after the date of enactment of public. predevelopment activities relating to the this Act, the Administrator of the Federal (C) Such nonprofit organizations have sup- pilot program under this section, subject to Aviation Administration and the Adminis- ported the homeland security of the United such terms and conditions as the Secretary, trator of the Transportation Security Ad- States by providing volunteer pilot services in consultation with the Administrator, may ministration shall during and following disasters and during reasonably require.’’. other times of national emergency. (b) AUTHORIZATION OF ENTITIES PARTIALLY SA 3742. Ms. HIRONO (for herself, Ms. (D) Most other kinds of volunteers are pro- OWNED BY PUBLIC AGENCIES TO PARTICIPATE MURKOWSKI, Mr. SCHATZ, and Mr. SUL- tected from liability by the Volunteer Pro- IN PILOT PROGRAM.—Subsection (a) of such LIVAN) submitted an amendment in- tection Act of 1997 (42 U.S.C. 14501 et seq.), section is amended by striking ‘‘public agen- tended to be proposed to amendment but volunteer pilots are not. cy’’ and inserting ‘‘person owned solely by a SA 3679 proposed by Mr. MCCONNELL (2) PURPOSES.—The purposes of this section public agency’’. are, by amending the Volunteer Protection (c) INCREASE IN PARTICIPATION OF CERTAIN (for Mr. THUNE (for himself and Mr. Act of 1997— AIRPORTS.—Subsection (d)(2) of such section NELSON)) to the bill H.R. 636, to amend (A) to extend the protection of that Act to is amended by striking ‘‘more than 1 applica- the Internal Revenue Code of 1986 to volunteer pilots; tion submitted by an airport’’ and inserting permanently extend increased expens- (B) to promote the activities of volunteer ‘‘more than 3 applications submitted by air- ing limitations, and for other purposes; pilots and the nonprofit organizations those ports’’. which was ordered to lie on the table; pilots fly for in providing flights for the pub- as follows: lic benefit; and SA 3739. Mr. ROUNDS (for himself At the appropriate place, insert the fol- (C) to sustain and enhance the availability and Mr. LEE) submitted an amendment lowing: of the services that such pilots and nonprofit intended to be proposed to amendment SEC. ll. EXCEPTIONS TO RESTRUCTURING OF organizations provide, including— SA 3679 proposed by Mr. MCCONNELL PASSENGER FEE. (i) transportation at no cost to financially (for Mr. THUNE (for himself and Mr. (a) IN GENERAL.—Section 44940(c) is amend- needy medical patients for medical treat- NELSON)) to the bill H.R. 636, to amend ed— ment, evaluation, and diagnosis; the Internal Revenue Code of 1986 to (1) in paragraph (1), by striking ‘‘Fees im- (ii) flights for humanitarian and charitable permanently extend increased expens- posed’’ and inserting ‘‘Except as provided in purposes; and ing limitations, and for other purposes; paragraph (2), fees imposed’’; (iii) other flights of compassion. (2) by redesignating paragraph (2) as para- (b) LIABILITY PROTECTION FOR PILOTS THAT which was ordered to lie on the table; graph (3); and FLY FOR PUBLIC BENEFIT.—Section 4 of the as follows: (3) by inserting after paragraph (1) the fol- Volunteer Protection Act of 1997 (42 U.S.C. At the appropriate place, insert the fol- lowing: 14503) is amended— lowing: ‘‘(2) EXCEPTIONS.—Fees imposed under sub- (1) by redesignating subsections (b) SEC. ll. AIRLINE TRANSPORT PILOT CERTIFI- section (a)(1) may not exceed $2.50 per through (f) as subsections (c) through (g), re- CATE REQUIREMENTS. enplanement, and the total amount of such spectively; and Subsection (d) of section 217 of the Airline fees may not exceed $5.00 per one-way trip, (2) in subsection (a), by striking ‘‘sub- Safety and Federal Aviation Administration for passengers— sections (b) and (d)’’ and inserting ‘‘sub- Extension Act of 2010 (Public Law 111–216; 49 ‘‘(A) boarding to an eligible place under sections (b), (c), and (e)’’; and U.S.C. 44701 note) is amended by striking subchapter II of chapter 417 for which essen- (3) by inserting after subsection (a) the fol- ‘‘courses,’’ and inserting ‘‘courses and tial air service compensation is paid under lowing: courses offered by certificated air carriers,’’. that subchapter; or ‘‘(b) LIABILITY PROTECTION FOR PILOTS ‘‘(B) on flights, including flight segments, THAT FLY FOR PUBLIC BENEFIT.—Except as SA 3740. Ms. HIRONO (for herself and between 2 or more points in Hawaii or 2 or provided in subsections (c) and (e), no volun- Mr. DAINES) submitted an amendment more points in Alaska.’’. teer of a volunteer pilot nonprofit organiza- intended to be proposed to amendment (b) IMPLEMENTATION OF FEE EXCEPTIONS.— tion that arranges flights for public benefit The Secretary of Homeland Security shall shall be liable for harm caused by an act or SA 3679 proposed by Mr. MCCONNELL implement the fee exceptions under the omission of the volunteer on behalf of the or- (for Mr. THUNE (for himself and Mr. amendments made by subsection (a)— ganization if, at the time of the act or omis- NELSON)) to the bill H.R. 636, to amend (1) beginning on the date that is 30 days sion, the volunteer— the Internal Revenue Code of 1986 to after the date of the enactment of this Act; ‘‘(1) was operating an aircraft in further- permanently extend increased expens- and ance of the purpose of, and acting within the

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scope of the volunteer’s responsibilities on (1) the public benefits to consumers of alli- (1) VOLUNTARY CHANGES IN ITINERARY.— behalf of, the nonprofit organization; ances and the consequences of alliances, if Subsection (a) shall not apply if a passenger ‘‘(2) was properly licensed and insured for any, to competition, pricing, and new entry does not receive a service described in that the operation of the aircraft; into markets served by alliances; subsection because the passenger voluntarily ‘‘(3) was in compliance with all require- (2) the representations made by air carriers chose to make changes to the passenger’s ments of the Federal Aviation Administra- to the Secretary of Transportation for the flight itinerary. tion for recent flight experience; and necessity of an antitrust exemption; (2) EXTRAORDINARY CIRCUMSTANES.—An air ‘‘(4) did not cause the harm through willful (3) the Department of Transportation’s ex- carrier is not required to provide a refund or criminal misconduct, gross negligence, pectations of public benefits resulting from under subsection (a) with respect to a fee for reckless misconduct, or a conscious, flagrant alliances, including whether such expected a service if the carrier is prevented from pro- indifference to the rights or safety of the in- benefits were actually achieved; vide the service by extraordinary cir- dividual harmed by the volunteer.’’. (4) the Department of Transportation’s cumstances that could not have been avoided role in the approval and monitoring of alli- by the air carrier even if all reasonable SA 3744. Mr. INHOFE submitted an ances; measures had been taken. amendment intended to be proposed to (5) whether there has been sufficient trans- Strike section 5023 and insert the fol- amendment SA 3679 proposed by Mr. parency in the approval of alliances, includ- lowing: MCCONNELL (for Mr. THUNE (for himself ing opportunities for public review and feed- SEC. 5023. GOVERNMENT ACCOUNTABILITY OF- and Mr. NELSON)) to the bill H.R. 636, back; FICE STUDY OF INTERNATIONAL AIR to amend the Internal Revenue Code of (6) the role of the Department of Justice in CARRIER ALLIANCES. 1986 to permanently extend increased the oversight of alliances; (a) IN GENERAL.—The Comptroller General expensing limitations, and for other (7) whether there are alternatives to anti- of the United States shall conduct a study of certain cooperative agreements between purposes; which was ordered to lie on trust immunity that could be conferred that would also produce public benefits; and United States air carriers and non-United the table; as follows: (8) the level of competition between alli- States air carriers (referred to in this section Strike section 3110 and insert the fol- ances. as ‘‘alliances’’) that— lowing: (c) RECOMMENDATIONS.—Not later than 180 (1) have been created pursuant to section SEC. 3110. REFUNDS FOR OTHER FEES THAT ARE days after the date of the enactment of this 41309 of title 49, United States Code; and NOT HONORED BY A COVERED AIR Act, the Comptroller General shall submit to (2) have been exempted from antitrust laws CARRIER. Congress the results of the study conducted (as defined in the first section of the Clayton (a) IN GENERAL.—Not later than one year under subsection (a). Act ( 15 U.S.C. 12)) pursuant to section 41308 after the date of the enactment of this Act, of title 49, United States Code. the Secretary of Transportation shall pro- SA 3746. Mr. INHOFE submitted an (b) SCOPE.—In conducting the study under mulgate regulations that require each cov- subsection (a), the Comptroller General shall ered air carrier to promptly provide a refund amendment intended to be proposed to amendment SA 3679 proposed by Mr. assess— to a passenger, upon request, of any ancil- (1) the public benefits to consumers of alli- MCCONNELL (for Mr. THUNE (for himself lary fees paid by the passenger for a service, ances and the consequences of alliances, if as defined and disclosed by the air carrier, and Mr. NELSON)) to the bill H.R. 636, any, to competition, pricing, and new entry that, except as provided in subsection (b), to amend the Internal Revenue Code of into markets served by alliances; the passenger does not receive, including on 1986 to permanently extend increased (2) the representations made by air carriers the passenger’s scheduled flight or, if the expensing limitations, and for other to the Secretary of Transportation for the flight is rescheduled, a subsequent replace- necessity of an antitrust exemption; ment itinerary. purposes; which was ordered to lie on (3) the Department of Transportation’s ex- (b) EXCEPTIONS.— the table; as follows: pectations of public benefits resulting from (1) VOLUNTARY CHANGES IN ITINERARY.— Strike section 3109 and insert the fol- alliances, including whether such expected Subsection (a) shall not apply if a passenger lowing: benefits were actually achieved; does not receive a service described in that SEC. 3109. REFUNDS FOR DELAYED BAGGAGE. subsection because the passenger voluntarily (4) the Department of Transportation’s (a) IN GENERAL.—Not later than one year role in the approval and monitoring of alli- chose to make changes to the passenger’s after the date of the enactment of this Act, flight itinerary. ances; the Secretary of Transportation shall issue (5) whether there has been sufficient trans- (2) EXTRAORDINARY CIRCUMSTANES.—An air final regulations to require a covered air car- carrier is not required to provide a refund parency in the approval of alliances, includ- rier to promptly provide a refund to a pas- ing opportunities for public review and feed- under subsection (a) with respect to a fee for senger, upon request, in the amount of any a service if the carrier is prevented from pro- back; applicable ancillary fees paid by the pas- (6) the role of the Department of Justice in vide the service by extraordinary cir- senger if the air carrier has charged the pas- cumstances that could not have been avoided the oversight of alliances; senger an ancillary fee for checked baggage (7) whether there are alternatives to anti- by the air carrier even if all reasonable and, except as provided in subsection (b), the measures had been taken. trust immunity that could be conferred that air carrier fails to deliver the checked bag- would also produce public benefits; and SA 3745. Mr. INHOFE submitted an gage to the passenger within 24 hours of the (8) the level of competition between alli- time of arrival of the passenger at the pas- ances. amendment intended to be proposed to senger’s destination. amendment SA 3679 proposed by Mr. (c) RECOMMENDATIONS.—Not later than 180 (b) EXCEPTION.—An air carrier is not re- days after the date of the enactment of this MCCONNELL (for Mr. THUNE (for himself quired to provide a refund under subsection Act, the Comptroller General shall submit to and Mr. NELSON)) to the bill H.R. 636, (a) with respect to checked baggage if the air Congress the results of the study conducted to amend the Internal Revenue Code of carrier is prevented from delivering checked under subsection (a). 1986 to permanently extend increased baggage by the time specified in subsection At the end of title V, add the following: expensing limitations, and for other (a) by extraordinary circumstances that SEC. 5037. LIABILITY PROTECTION FOR VOLUN- purposes; which was ordered to lie on could not have been avoided by the air car- TEER PILOTS WHO FLY FOR THE the table; as follows: rier even if all reasonable measures had been PUBLIC BENEFIT. taken. (a) FINDINGS AND PURPOSES.— Strike section 5023 and insert the fol- (1) FINDINGS.—Congress finds the following: lowing: Strike section 3110 and insert the fol- lowing: (A) Many volunteer pilots fly for the public SEC. 5023. GOVERNMENT ACCOUNTABILITY OF- benefit for nonprofit organizations and pro- FICE STUDY OF INTERNATIONAL AIR SEC. 3110. REFUNDS FOR OTHER FEES THAT ARE CARRIER ALLIANCES. NOT HONORED BY A COVERED AIR vide valuable services to communities and (a) IN GENERAL.—The Comptroller General CARRIER. individuals in need. of the United States shall conduct a study of (a) IN GENERAL.—Not later than one year (B) In each calendar year volunteer pilots certain cooperative agreements between after the date of the enactment of this Act, and the nonprofit organizations those pilots United States air carriers and non-United the Secretary of Transportation shall pro- fly for provide long-distance, no-cost trans- States air carriers (referred to in this section mulgate regulations that require each cov- portation for tens of thousands of people dur- as ‘‘alliances’’) that— ered air carrier to promptly provide a refund ing times of special need. Flights provide pa- (1) have been created pursuant to section to a passenger, upon request, of any ancil- tient and medical transport, disaster relief, 41309 of title 49, United States Code; and lary fees paid by the passenger for a service, and humanitarian assistance, and conduct (2) have been exempted from antitrust laws as defined and disclosed by the air carrier, other charitable missions that benefit the (as defined in the first section of the Clayton that, except as provided in subsection (b), public. Act ( 15 U.S.C. 12)) pursuant to section 41308 the passenger does not receive, including on (C) Such nonprofit organizations have sup- of title 49, United States Code. the passenger’s scheduled flight or, if the ported the homeland security of the United (b) SCOPE.—In conducting the study under flight is rescheduled, a subsequent replace- States by providing volunteer pilot services subsection (a), the Comptroller General shall ment itinerary. during and following disasters and during assess— (b) EXCEPTIONS.— other times of national emergency.

VerDate Sep 11 2014 03:43 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.048 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2047 (D) Most other kinds of volunteers are pro- (2) a pilot labor organization exclusively to amend the Internal Revenue Code of tected from liability by the Volunteer Pro- representing a minimum of 1,000 pilots who 1986 to permanently extend increased tection Act of 1997 (42 U.S.C. 14501 et seq.), are covered by— expensing limitations, and for other but volunteer pilots are not. (A) part 135 of title 14, Code of Federal Reg- purposes; which was ordered to lie on (2) PURPOSES.—The purposes of this section ulations; and are, by amending the Volunteer Protection (B) subpart K of part 91 of such title; and the table; as follows: Act of 1997— (3) aviation safety experts with specific At the end of subtitle C of title II, add the (A) to extend the protection of that Act to knowledge of flight crewmember education following: volunteer pilots; and training requirements relating to part SEC. 2320. INCREASED PENALTIES FOR UNFAIR (B) to promote the activities of volunteer 135 of such title. AND DECEPTIVE AIRFARE ADVER- pilots and the nonprofit organizations those (c) MATTERS TO BE ADDRESS.—In reviewing TISING PRACTICES. pilots fly for in providing flights for the pub- the pilot rest and duty regulations under Section 46301(a) is amended by adding at lic benefit; and part 135 of title 14, Code of Federal Regula- the end the following: (C) to sustain and enhance the availability tions, the aviation rulemaking committee ‘‘(7) PENALTY FOR VIOLATIONS OF UNFAIR of the services that such pilots and nonprofit shall consider the following: AND DECEPTIVE AIRFARE ADVERTISING PRAC- organizations provide, including— (1) Recommendations of aviation rule- TICES.—Notwithstanding paragraph (1), the (i) transportation at no cost to financially making committees convened before the maximum civil penalty assessed on a person needy medical patients for medical treat- date of the enactment of this Act. for an unfair or deceptive practice in viola- ment, evaluation, and diagnosis; (2) Accommodations necessary for small tion of section 41712 and described in section (ii) flights for humanitarian and charitable businesses. 399.84 of title 14, Code of Federal Regulations purposes; and (3) Scientific data derived from aviation- (or any corresponding similar regulation or (iii) other flights of compassion. related fatigue and sleep research. ruling), shall be— (b) LIABILITY PROTECTION FOR PILOTS THAT (4) Data gathered from aviation safety re- ‘‘(A) $55,000; or FLY FOR PUBLIC BENEFIT.—Section 4 of the porting programs. ‘‘(B) if the person is an individual or small Volunteer Protection Act of 1997 (42 U.S.C. (5) The need to accommodate diversity of business concern, $2,500.’’. 14503) is amended— operations conducted under part 135 of such (1) by redesignating subsections (b) title. SA 3750. Mrs. MCCASKILL submitted through (f) as subsections (c) through (g), re- (6) Such other matters as the Adminis- an amendment intended to be proposed spectively; and trator considers appropriate. to amendment SA 3679 proposed by Mr. (d) REPORT AND NOTICE OF PROPOSED RULE- (2) in subsection (a), by striking ‘‘sub- MCCONNELL (for Mr. THUNE (for himself sections (b) and (d)’’ and inserting ‘‘sub- MAKING.—The Administrator shall— and Mr. NELSON)) to the bill H.R. 636, sections (b), (c), and (e)’’; and (1) not later than 24 months after the date (3) by inserting after subsection (a) the fol- of the enactment of this Act, submit to the to amend the Internal Revenue Code of lowing: appropriate committees of Congress a report 1986 to permanently extend increased ‘‘(b) LIABILITY PROTECTION FOR PILOTS based on the findings of the aviation rule- expensing limitations, and for other THAT FLY FOR PUBLIC BENEFIT.—Except as making committee convened under sub- purposes; which was ordered to lie on provided in subsections (c) and (e), no volun- section (a); and the table; as follows: (2) not later than 12 months after submit- teer of a volunteer pilot nonprofit organiza- At the end of section 2502, add the fol- ting the report required under paragraph (1), tion that arranges flights for public benefit lowing: issue a notice of proposed rulemaking con- shall be liable for harm caused by an act or (d) PROHIBITION ON CERTIFICATION OF A FOR- sistent with any consensus recommendations omission of the volunteer on behalf of the or- EIGN REPAIR STATION IN A COUNTRY THAT HAS reached by the aviation rulemaking com- ganization if, at the time of the act or omis- REPEATEDLY PROVIDED SUPPORT FOR ACTS OF mittee. sion, the volunteer— INTERNATIONAL TERRORISM.—The Adminis- ‘‘(1) was operating an aircraft in further- trator of the Federal Aviation Administra- ance of the purpose of, and acting within the SA 3748. Mr. INHOFE submitted an amendment intended to be proposed to tion may not certify any foreign repair sta- scope of the volunteer’s responsibilities on tion under part 145 of title 14, Code of Fed- behalf of, the nonprofit organization; amendment SA 3679 proposed by Mr. eral Regulations, in any country designated ‘‘(2) was properly licensed and insured for MCCONNELL (for Mr. THUNE (for himself as a country that has repeatedly provided the operation of the aircraft; and Mr. NELSON)) to the bill H.R. 636, support for acts of international terrorism ‘‘(3) was in compliance with all require- to amend the Internal Revenue Code of under section 6(j) of the Export Administra- ments of the Federal Aviation Administra- 1986 to permanently extend increased tion Act of 1979 (50 U.S.C. 4605(j)), section 40 tion for recent flight experience; and of the Arms Export Control Act (22 U.S.C. ‘‘(4) did not cause the harm through willful expensing limitations, and for other purposes; which was ordered to lie on 2780), or section 620A of the Foreign Assist- or criminal misconduct, gross negligence, ance Act of 1961 (22 U.S.C. 2371). reckless misconduct, or a conscious, flagrant the table; as follows: indifference to the rights or safety of the in- Strike section 3109 and insert the fol- SA 3751. Mrs. MCCASKILL submitted dividual harmed by the volunteer.’’. lowing: an amendment intended to be proposed SEC. 3109. REFUNDS FOR DELAYED BAGGAGE. to amendment SA 3679 proposed by Mr. SA 3747. Mr. INHOFE (for himself (a) IN GENERAL.—Not later than one year and Mr. BROWN) submitted an amend- after the date of the enactment of this Act, MCCONNELL (for Mr. THUNE (for himself ment intended to be proposed to the Secretary of Transportation shall issue and Mr. NELSON)) to the bill H.R. 636, amendment SA 3679 proposed by Mr. final regulations to require a covered air car- to amend the Internal Revenue Code of rier to promptly provide a refund to a pas- MCCONNELL (for Mr. THUNE (for himself 1986 to permanently extend increased senger, upon request, in the amount of any expensing limitations, and for other and Mr. NELSON)) to the bill H.R. 636, applicable ancillary fees paid by the pas- to amend the Internal Revenue Code of purposes; which was ordered to lie on senger if the air carrier has charged the pas- the table; as follows: 1986 to permanently extend increased senger an ancillary fee for checked baggage expensing limitations, and for other and, except as provided in subsection (b), the At the end of section 2502, add the fol- purposes; which was ordered to lie on air carrier fails to deliver the checked bag- lowing: the table; as follows: gage to the passenger within 24 hours of the (d) CERTIFICATION OF FOREIGN REPAIR STA- time of arrival of the passenger at the pas- TIONS SUSPENSION.—The Administrator of At the end of subtitle C of title II, add the the Federal Aviation Administration may following: senger’s destination. (b) EXCEPTION.—An air carrier is not re- not certify any foreign repair station under SEC. 2321. AVIATION RULEMAKING COMMITTEE quired to provide a refund under subsection part 145 of title 14, Code of Federal Regula- FOR PILOT REST AND DUTY REGU- tions, beginning on the date that is— LATIONS. (a) with respect to checked baggage if the air carrier is prevented from delivering checked (1) 1 year after the date of the enactment (a) IN GENERAL.—Not later than 180 days of this Act, if the final rule required by sub- after the date of the enactment of this Act, baggage by the time specified in subsection (a) by extraordinary circumstances that section (b)(2) has not been issued; or the Administrator of the Federal Aviation (2) 180 days after such date of enactment, if Administration shall convene an aviation could not have been avoided by the air car- rier even if all reasonable measures had been the requirements of subsection (c) have not rulemaking committee to review pilot rest been fully carried out. and duty regulations under part 135 of title taken. 14, Code of Federal Regulations. SA 3749. Mr. MENENDEZ submitted SA 3752. Ms. AYOTTE (for herself and (b) COMPOSITION.—The aviation rulemaking committee convened under subsection (a) an amendment intended to be proposed Ms. HEITKAMP) submitted an amend- shall consist of members appointed by the to amendment SA 3679 proposed by Mr. ment intended to be proposed to Administrator, including— MCCONNELL (for Mr. THUNE (for himself amendment SA 3679 proposed by Mr. (1) applicable representatives of industry; and Mr. NELSON)) to the bill H.R. 636, MCCONNELL (for Mr. THUNE (for himself

VerDate Sep 11 2014 05:25 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.049 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2048 CONGRESSIONAL RECORD — SENATE April 13, 2016 and Mr. NELSON)) to the bill H.R. 636, enforcement entities relating to border secu- (1) is not a limited incumbent air carrier at to amend the Internal Revenue Code of rity; Ronald Reagan Washington National Air- 1986 to permanently extend increased (E) the terrain, population density, and cli- port; and expensing limitations, and for other mate along the Northern Border; and (2) utilitizes 4 exemptions from the re- (F) the needs and challenges of Department quirements of subparts K, S, and T of part 93 purposes; which was ordered to lie on facilities, including the physical approaches of title 14, Code of Federal Regulations, to the table; as follows: to such facilities. operate flights between Ronald Reagan At the appropriate place, insert the fol- (3) CLASSIFIED THREAT ANALYSIS.—To the Washington National Airport and an airport lowing: extent possible, the Secretary of Homeland described in subsection (c). SEC. lll. NORTHERN BORDER SECURITY RE- Security shall submit the threat analysis re- (c) AIRPORTS DESCRIBED.—An airport de- VIEW. quired under paragraph (1) in unclassified scribed in this subsection is a large hub air- (a) SHORT TITLE.—This section may be form. The Secretary may submit a portion of port that is between 1840 and 1855 great circle cited as the ‘‘Northern Border Security Re- the threat analysis in classified form if the miles from Ronald Reagan Washington Na- view Act’’. Secretary determines that such form is ap- tional Airport. propriate for that portion. (d) LIMITATION ON AIRCRAFT SIZE.—An air (b) DEFINITIONS.—In this section: carrier may not operate a flight using an ex- (1) APPROPRIATE CONGRESSIONAL COMMIT- SA 3753. Mr. HOEVEN (for himself emption granted under subsection (a) using a TEES.—The term ‘‘appropriate congressional and Mr. TESTER) submitted an amend- multi-aisle or widebody aircraft. committees’’ means— (e) EXEMPTIONS NOT TRANSFERRABLE.—In (A) the Committee on Homeland Security ment intended to be proposed to amendment SA 3679 proposed by Mr. accordance with section 41714(j) of title 49, and Governmental Affairs of the Senate; United States Code, an exemption granted (B) the Committee on Appropriations of MCCONNELL (for Mr. THUNE (for himself under subsection (a) to an air carrier may the Senate; and Mr. NELSON)) to the bill H.R. 636, not be bought, sold, leased, or otherwise (C) the Committee on the Judiciary of the to amend the Internal Revenue Code of transferred by the air carrier. Senate; 1986 to permanently extend increased (f) DEFINITIONS.—In this section: (D) the Committee on Commerce, Science, expensing limitations, and for other (1) AIR TRANSPORTATION; LARGE HUB AIR- and Transportation of the Senate; purposes; which was ordered to lie on PORT.—The terms ‘‘air transportation’’ and (E) the Committee on Homeland Security the table; as follows: ‘‘large hub airport’’ have the meanings given of the House of Representatives; those terms in section 40102 of title 49, At the appropriate place, insert the fol- (F) the Committee on Appropriations of United States Code. lowing: the House of Representatives; (2) LIMITED INCUMBENT AIR CARRIER.—The (G) the Committee on the Judiciary of the SEC. ll. STATE PRIORITIZATION OF DISPATCH term ‘‘limited incumbent air carrier’’ has House of Representatives; and OF AIR AMBULANCE SERVICE PRO- VIDERS. the meaning given that term in section 41714 (H) the Committee on Energy and Com- (a) AUTHORITY.—Notwithstanding any of title 49, United States Code. merce of the House of Representatives. other provision of law or regulation, includ- (2) NORTHERN BORDER.—The term ‘‘North- ing section 41713 of title 49, United States SA 3755. Ms. WARREN submitted an ern Border’’ means the land and maritime Code, a State may enact or enforce a law, amendment intended to be proposed to borders between the United States and Can- regulation, or other provision having the amendment SA 3679 proposed by Mr. ada. force and effect of law that creates a primary MCCONNELL (for Mr. THUNE (for himself (c) NORTHERN BORDER THREAT ANALYSIS.— and secondary call list of air ambulance and Mr. NELSON)) to the bill H.R. 636, (1) IN GENERAL.—Not later than 180 days service providers in the State for distribu- to amend the Internal Revenue Code of after the date of enactment of this Act, the tion to emergency response entities and per- 1986 to permanently extend increased Secretary of Homeland Security shall sub- sonnel to prioritize the dispatch of air ambu- mit to the appropriate congressional com- lance serve providers. Prioritization may be expensing limitations, and for other mittees a Northern Border threat analysis based on— purposes; which was ordered to lie on that includes— (1) participation in health insurance pro- the table; as follows: (A) current and potential terrorism and vider networks in the State; or At the appropriate place, insert the fol- criminal threats posed by individuals and or- (2) participation in mediation for reim- lowing: ganized groups seeking— bursement of out-of-network emergency SEC. ll. FLIGHT NOISE IMPACT AND POTENTIAL (i) to enter the United States through the services. REMEDIATION STUDY. Northern Border; or (b) CONSTRUCTION.—Except as specifically (a) STUDY.— (ii) to exploit border vulnerabilities on the provided in subsection (a), nothing in this (1) IN GENERAL.—Not later than one year Northern Border; section may be construed as limiting the ap- after the date of enactment of this Act, the (B) improvements needed at and between plicability or otherwise modifying any avia- Comptroller General of the United States, in ports of entry along the Northern Border— tion safety, aviation operations, or other re- consultation with State and local govern- (i) to prevent terrorists and instruments of quirement of title 49, United States Code. ments, air carriers, general aviation, air- terrorism from entering the United States; ports and air traffic controllers, and where and SA 3754. Mr. HATCH submitted an applicable local resident advisory commit- (ii) to reduce criminal activity, as meas- amendment intended to be proposed to tees, shall initiate a study of the Federal ured by the total flow of illegal goods, illicit amendment SA 3679 proposed by Mr. Aviation Administration (FAA) Next Gen- drugs, and smuggled and trafficked persons MCCONNELL (for Mr. THUNE (for himself eration Air Transportation System’s impact moved in either direction across to the and Mr. NELSON)) to the bill H.R. 636, on the human environment in the vicinity of Northern Border; to amend the Internal Revenue Code of large-hub airports and selected medium-hub (C) gaps in law, policy, cooperation be- 1986 to permanently extend increased airports located in densely populated areas. tween State, tribal, and local law enforce- expensing limitations, and for other (2) CONTENTS.—The study under subsection ment, international agreements, or tribal purposes; which was ordered to lie on (a) shall include— agreements that hinder effective and effi- (A) an analysis regarding the statistical re- cient border security, counter-terrorism, the table; as follows: lationship of discrete noise-related com- anti-human smuggling and trafficking ef- At the end of title V, add the following: plaints in communities located near large- forts, and the flow of legitimate trade along SEC. 5032. ADDITIONAL BEYOND-PERIMETER hub airports and selected medium-hub air- the Northern Border; and SLOT EXEMPTIONS AT RONALD ports located in densely populated areas to (D) whether additional U.S. Customs and REAGAN WASHINGTON NATIONAL changes in noise exposure since the imple- AIRPORT. Border Protection preclearance and mentation of the Next Generation Air Trans- (a) IN GENERAL.—Notwithstanding sections preinspection operations at ports of entry 49104(a)(5), 49109, and 41714 of title 49, United portation System and to absolute levels of along the Northern Border could help pre- States Code, not later than 90 days after the noise exposure experienced by those reg- vent terrorists and instruments of terror date of the enactment of this Act, the Sec- istering noise complaints; from entering the United States. retary of Transportation shall, by order, (B) an analysis of the decrease in noise ex- (2) ANALYSIS REQUIREMENTS.—For the grant to an air carrier described in sub- perienced by communities through the devel- threat analysis required under paragraph (1), section (b) 2 exemptions from the require- opment of Performance Based Navigation the Secretary of Homeland Security shall ments of subparts K, S, and T of part 93 of Procedures; consider and examine— title 14, Code of Federal Regulations, to en- (C) recommendations for processes to (A) technology needs and challenges; able that air carrier to provide air transpor- track and measure those impacts or benefits, (B) personnel needs and challenges; tation on routes between Ronald Reagan if appropriate; (C) the role of State, tribal, and local law Washington National Airport and an airport (D) a review and evaluation of the FAA’s enforcement in general border security ac- described in subsection (c). current policies and abilities to respond and tivities; (b) AIR CARRIER DESCRIBED.—An air carrier address noise concerns; (D) the need for cooperation among Fed- described in this subsection is an air carrier (E) an evaluation of the human environ- eral, State, tribal, local, and Canadian law that, as of January 1, 2016— ment and health impacts of changes in flight

VerDate Sep 11 2014 03:43 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.050 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2049 traffic in these communities including issues Aviation Administration support the conclu- SA 3758. Mr. TESTER (for himself related to aircraft noise and pollution, in- sions that— and Mr. DAINES) submitted an amend- cluding potential trade-offs between noise (A) climate change poses a challenge to the ment intended to be proposed to and carbon dioxide or emissions associated growing national aviation industry of the with air quality; United States; and amendment SA 3679 proposed by Mr. (F) an analysis of the processes used to de- (B) aviation activities have a measurable MCCONNELL (for Mr. THUNE (for himself termine how Next Generation Air Transpor- effect on climate. and Mr. NELSON)) to the bill H.R. 636, tation System flight paths could be altered (b) SENSE OF CONGRESS.—It is the sense of to amend the Internal Revenue Code of to mitigate the noise caused by these flights Congress that— 1986 to permanently extend increased and for assessing any carbon dioxide or air (1) climate change is real and human activ- expensing limitations, and for other quality emissions trade-offs attendant to ity is significantly contributing to climate purposes; which was ordered to lie on change; such altered flight paths; the table; as follows: (G) recommendations on the best and most (2) the scientific consensus on climate cost-effective approaches to address in- change and the findings of the national avia- On page 43, line 9, strike ‘‘Section creased noise complaints associated with the tion community that climate change poses 47109(a)(5)’’ and insert the following: Next Generation Air Transportation System; real challenges to the growing aviation in- (a) GRANDFATHER RULE.—Section and dustry of the United States are not products 47109(c)(2) is amended by inserting ‘‘or non- (H) such other issues as the Comptroller of a hoax or deception perpetrated on the primary commercial service airport that is’’ considers appropriate. people of the United States; and after ‘‘primary non-hub airport’’. (b) REPORT.—Upon completion of the study (3) reducing greenhouse gas emissions and (b) MULTI-PHASED CONSTRUCTION under subsection (a), the Comptroller Gen- adapting to the effects of climate change is PROJECT.—Section 47109(a)(5) eral shall submit to Congress a report on the in the national interest of the United States. results of the study conducted under sub- SA 3759. Mr. BLUMENTHAL (for section (a), including the Comptroller Gen- SA 3757. Mr. BROWN submitted an himself, Mr. LEAHY, Mr. MARKEY, and eral’s findings, conclusions, and rec- amendment intended to be proposed to Ms. BALDWIN) submitted an amendment ommendations. amendment SA 3679 proposed by Mr. intended to be proposed to amendment MCCONNELL (for Mr. THUNE (for himself SA 3756. Mr. WHITEHOUSE sub- SA 3679 proposed by Mr. MCCONNELL and Mr. NELSON)) to the bill H.R. 636, mitted an amendment intended to be (for Mr. THUNE (for himself and Mr. to amend the Internal Revenue Code of proposed to amendment SA 3679 pro- NELSON)) to the bill H.R. 636, to amend 1986 to permanently extend increased posed by Mr. MCCONNELL (for Mr. the Internal Revenue Code of 1986 to expensing limitations, and for other THUNE (for himself and Mr. NELSON)) to permanently extend increased expens- purposes; which was ordered to lie on the bill H.R. 636, to amend the Internal ing limitations, and for other purposes; the table; as follows: Revenue Code of 1986 to permanently which was ordered to lie on the table; extend increased expensing limita- At the appropriate place, insert the fol- as follows: lowing: tions, and for other purposes; which At the end of subtitle A of title III, add the SEC. lll. AMOUNTS PAID FOR AIRCRAFT MAN- following: was ordered to lie on the table; as fol- AGEMENT SERVICES. lows: (a) IN GENERAL.—Subsection (e) of section SEC. 3124. PRIVATE RIGHT OF ACTION FOR DIS- At the appropriate place, insert the fol- 4261 of the Internal Revenue Code of 1986 is CRIMINATION CLAIMS AGAINST AIR CARRIERS. lowing: amended by adding at the end the following Section 41705 is amended— SEC. lll. SENSE OF CONGRESS THAT CLIMATE new paragraph: ‘‘(d) CIVIL ACTION.— CHANGE IS REAL. ‘‘(5) AMOUNTS PAID FOR AIRCRAFT MANAGE- ‘‘(1) IN GENERAL.—Any person aggrieved by (a) FINDINGS.—Congress finds the fol- MENT SERVICES.— a violation by an air carrier of this section lowing: ‘‘(A) IN GENERAL.—No tax shall be imposed (1) There is scientific consensus based on by this section or section 4271 on any or a regulation prescribed under this section sound scientific evidence that climate amounts paid by an aircraft owner for air- may, not later than 2 years after the date of change is occurring due to increases in car- craft management services related to— the violation, bring a civil action in the dis- bon dioxide and other greenhouse gases in ‘‘(i) maintenance and support of the air- trict court of the United States in the dis- the atmosphere and that human activity has craft owner’s aircraft; or trict in which the person resides, in the dis- caused a significant increase in the amount ‘‘(ii) flights on the aircraft owner’s air- trict in which the principal place of business of these greenhouse gases. craft. of the air carrier is located, or in the district in which the violation occurred. (2) Scientific measurement shows that the ‘‘(B) AIRCRAFT MANAGEMENT SERVICES.—For concentration of carbon dioxide in the at- purposes of subparagraph (A), the term ‘air- ‘‘(2) RELIEF.—In a civil action brought mosphere ranged from 170 to 300 parts per craft management services’ includes assist- under paragraph (1) in which the plaintiff 1,000,000 for at least 800,000 years, which is 4 ing an aircraft owner with administrative prevails— times as long as the species Homo sapiens and support services, such as scheduling, ‘‘(A) the plaintiff may obtain equitable and has existed, but, in measurements taken at flight planning, and weather forecasting; ob- legal relief, including compensatory and pu- the Mauna Loa Observatory in each of the 2 taining insurance; maintenance, storage and nitive damages; and years preceding the date of enactment of this fueling of aircraft; hiring, training, and pro- ‘‘(B) the court shall award reasonable at- Act, exceeded 400 parts per 1,000,000. vision of pilots and crew; establishing and torney’s fees, reasonable expert fees, and the (3) Transportation emissions accounted for complying with safety standards; or such costs of the action to the plaintiff. approximately 28 percent of total carbon di- other services necessary to support flights ‘‘(3) NO REQUIREMENT FOR EXHAUSTION OF oxide emissions in the United States in 2012, operated by an aircraft owner. REMEDIES.—Any person aggrieved by a viola- tion by an air carrier of this section or a reg- with emissions from the aviation sector rep- ‘‘(C) LESSEE TREATED AS AIRCRAFT OWNER.— ulation prescribed under this section is not resenting about 12 percent of transportation ‘‘(i) IN GENERAL.—For purposes of this emissions in the United States. paragraph, the term ‘aircraft owner’ includes required to exhaust administrative com- (4) Commercial-only aviation emissions in a person who leases the aircraft other than plaint procedures before filing a civil action the United States are projected to grow by under a disqualified lease. under paragraph (1). ‘‘(4) RULE OF CONSTRUCTION.—Nothing in almost 25 percent by 2030. ‘‘(ii) DISQUALIFIED LEASE.—For purposes of (5) Climate change diminishes the effi- clause (i), the term ‘disqualified lease’ means this subsection shall be construed to invali- ciency of fixed-wing and rotary-wing aircraft a lease from a person providing aircraft man- date or limit other Federal or State laws af- by increasing the likelihood of takeoff agement services with respect to such air- fording to people with disabilities greater weight restrictions due to warmer ground craft (or a related person (within the mean- legal rights or protections than those grant- level air reducing the lift force on the wings. ing of section 465(b)(3)(C)) to the person pro- ed in this section.’’. (6) Climate change increases the likelihood viding such services), if such lease is for a of clear-air turbulence, which already in- term of 31 days or less. SA 3760. Mr. BLUMENTHAL sub- jures hundreds of passengers and causes ‘‘(D) PRO RATA ALLOCATION.—If any amount mitted an amendment intended to be structural damage to aircraft. paid to a person represents in part an proposed to amendment SA 3679 pro- (7) The 2015 primer of the Federal Aviation amount paid for services not described in posed by Mr. MCCONNELL (for Mr. Administration entitled ‘‘Aviation Emis- subparagraph (A), the tax imposed by sub- THUNE (for himself and Mr. NELSON)) to sions, Impacts & Mitigation’’ acknowledges section (a), if applicable to such amount, the bill H.R. 636, to amend the Internal that ‘‘emissions associated with commercial shall be applied to such payment on a pro Revenue Code of 1986 to permanently aviation . . . degrade not only air quality rata basis.’’. extend increased expensing limita- but also the broader climate,’’ and will hurt (b) EFFECTIVE DATE.—The amendment the health and welfare of society. made by this section shall apply to amounts tions, and for other purposes; which (8) The scientific consensus about climate paid beginning after the date of the enact- was ordered to lie on the table; as fol- change and the findings from the Federal ment of this Act. lows:

VerDate Sep 11 2014 03:43 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.051 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2050 CONGRESSIONAL RECORD — SENATE April 13, 2016 At the end of subtitle A of title III, add the (A) business and leisure travelers; air carriers control the majority of available following: (B) the tourism sector; seat miles; SEC. 3124. MODIFICATION OF DEFINITION OF DIS- (C) shippers; (E) the tactics used by incumbent air car- ABILITY FOR DISCRIMINATION (D) State and local governments and port riers to compete against smaller, regional CLAIMS AGAINST AIR CARRIERS. authorities; carriers, or inhibit new or potential new en- Section 41705(a) is amended to read as fol- (E) aircraft manufacturers; and trant air carriers into a particular market; lows: (F) domestic and foreign air carriers. and ‘‘(a) IN GENERAL.—In providing air trans- (5) As a result of the consolidation of (F) the ability of new entrant air carriers portation, an air carrier, including (subject United States air carriers, there has been a to provide new service to underserved mar- to section 40105(b)) any foreign air carrier, precipitous decline in the number of major kets; may not discriminate against an individual passenger air carriers in the United States. (2) the legislative and administrative ac- on the basis of disability, as defined in sec- (6) In the past few years, the air transpor- tions that the Federal Government should tion 3 of the Americans with Disabilities Act tation industry has become increasingly con- take to enhance air carrier competition, in- of 1990 (42 U.S.C. 12102).’’. centrated. In 2015, the top 4 major air car- cluding changes that are needed in the legal Mr. BLUMENTHAL sub- riers accounted for 80 percent of passenger and administrative policies that govern— SA 3761. air traffic in the United States. (A) the initial award and the transfer of mitted an amendment intended to be (7) The continued success of a deregulated international routes; proposed to amendment SA 3679 pro- air carrier system requires actual competi- (B) the allocation of gates and landing posed by Mr. MCCONNELL (for Mr. tion to encourage all participants in the in- rights, particularly at airports dominated by THUNE (for himself and Mr. NELSON)) to dustry to provide high quality service at 1 air carrier or a limited number of air car- the bill H.R. 636, to amend the Internal competitive fares. riers; Revenue Code of 1986 to permanently (8) Further consolidation among air car- (C) frequent flier programs; extend increased expensing limita- riers threatens to leave the industry without (D) the rights of foreign investors to invest tions, and for other purposes; which sufficient competition to ensure that the in the domestic air transportation market- place; was ordered to lie on the table; as fol- people of the United States share in the ben- efits of a well-functioning air transportation (E) the access of foreign air carriers to the lows: industry. domestic air transportation marketplace; At the end of title V, add the following: (b) ESTABLISHMENT OF NATIONAL COMMIS- (F) the taxes and user fees imposed on air SEC. 5037. REGULATIONS RELATING TO E-CIGA- SION TO ENSURE ALL AMERICANS HAVE ACCESS carriers; RETTES. TO AND BENEFIT FROM A STRONG AND COM- (G) the responsibilities imposed on air car- (a) IN GENERAL.—Not later than 180 days PETITIVE AIR TRANSPORTATION INDUSTRY.— riers; after the date of the enactment of this Act, There is established a Commission, which (H) the bankruptcy laws of the United the Administrator of the Pipeline and Haz- shall be known as the ‘‘National Commission States and related rules administered by the ardous Materials Safety Administration to Ensure All Americans Have Access to and Department of Transportation as such laws shall, in coordination and consultation with Benefit from a Strong and Competitive Air and rules apply to air carriers; the Administrator of the Federal Aviation Transportation Industry’’ (referred to in this (I) the obligations of failing air carriers to Administration— section as the ‘‘Commission’’). meet pension obligations; (1) finalize the interim final rule of the (c) FUNCTIONS.— (J) antitrust immunity for international Pipeline and Hazardous Materials Safety Ad- (1) STUDY.—The Commission shall conduct air carrier alliances and the process for ap- ministration issued October 30, 2015, per- a study of the passenger air transportation proving such alliances and awarding that im- taining to e-cigarettes; and industry, with priority given to issues speci- munity; (2) expand that rule to prohibit the car- fied in subsection (d). (K) competition of air carrier codeshare rying of battery-powered portable electronic (2) POLICY RECOMMENDATIONS.—Based on partnerships and joint ventures; and smoking devices in checked baggage and in the results of the study conducted under (L) constraints on new entry into the do- carry-on baggage. paragraph (1), the Commission shall rec- mestic air transportation marketplace; (b) DEFINITION.—In this section, the term ommend to the President and to Congress (3) whether the policies and strategies of ‘‘battery-powered portable electronic smok- the adoption of policies that will— the United States in international air trans- ing devices’’ means e-cigarettes, e-cigs, e-ci- (A) achieve the national goal of a strong portation are promoting the ability of gars, e-pipes, e-hookahs, personal vaporizers, and competitive air carrier system and fa- United States air carriers to achieve long- and electronic nicotine delivery systems. cilitate the ability of the United States to term competitive success in international compete in the global economy; air transportation markets, and to secure SA 3762. Mr. BLUMENTHAL sub- (B) provide robust levels of competition the benefits of robust competition, includ- mitted an amendment intended to be and air transportation at reasonable fares in ing— proposed to amendment SA 3679 pro- cities of all sizes; (A) the general negotiating policy of the posed by Mr. MCCONNELL (for Mr. (C) provide a stable work environment for United States with respect to international THUNE (for himself and Mr. NELSON)) to employees of air carriers; air transportation; the bill H.R. 636, to amend the Internal (D) account for the interests of different (B) the desirability of multilateral rather Revenue Code of 1986 to permanently stakeholders that contribute to, and are de- than bilateral negotiations with respect to extend increased expensing limita- pendent on, the air transportation industry; international air transportation; and (C) whether foreign countries have devel- tions, and for other purposes; which (E) provide appropriate levels of protection oped the necessary infrastructure of airports was ordered to lie on the table; as fol- for consumers, including access to informa- and airways to enable United States air car- lows: tion to enable consumer choice. riers to provide the service needed to meet At the end of subtitle A of title III, add the (d) SPECIFIC ISSUES TO BE ADDRESSED.—In the demand for air transportation between following: conducting the study under subsection (c)(1), the United States and those countries; SEC. 3124. IMPROVING AIRLINE COMPETITIVE- the Commission shall investigate— (D) the desirability of liberalization of NESS. (1) the current state of competition in the United States domestic air transportation (a) FINDINGS.—Congress makes the fol- air transportation industry, how the struc- markets; and lowing findings: ture of that competition is likely to change (E) the impediments to access by foreign (1) The people of the United States and the during the 5-year period beginning on the air carriers to routes to and from the United United States economy depend on a strong date of the enactment of this Act, whether States; and competitive passenger air transportation that expected level of competition will be (4) the effect that air carrier consolidation industry to move people and goods in the sufficient to secure the consumer benefits of has had on business and leisure travelers, fastest, most efficient manner. air carrier deregulation, and the effects of— and travel and tourism more broadly; and (2) In a global economy, air carriers con- (A) air carrier consolidation and practices (5) the effect that air carrier consolidation nect the people of the United States with the on consumers, including the competitiveness has had on— rest of the world. A strong air transportation of fares and services and the ability of con- (A) employment and economic develop- industry is essential to the ability of the sumers to engage in comparison shopping for ment opportunities of localities, particularly United States to compete in the inter- air carrier fees; small and mid-size localities; and national marketplace. (B) airfare pricing policies, including (B) former hub airports, including the posi- (3) A strong air transportation industry de- whether reduced competition artificially in- tive and negative consequences of routing air pends on competition between a number of flates ticket prices; traffic through hub airports. air carriers servicing a variety of routes for (C) the level of competition as of the date (e) MEMBERSHIP.— domestic and international travelers, at both of the enactment of this Act on the travel (1) APPOINTMENT.—The Commission shall the national and local levels. distribution sector, including online and tra- be composed of 21 members, of whom— (4) Important stakeholders contribute to, ditional travel agencies and intermediaries; (A) 7 shall be appointed by the President; and are dependent on, a robust air transpor- (D) economic and other effects on domestic (B) 4 shall be appointed by the Speaker of tation industry, including— air transportation markets in which 1 or 2 the House of Representatives;

VerDate Sep 11 2014 05:25 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.053 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2051 (C) 3 shall be appointed by the minority (3) contains a summary of the comments On page 197, beginning on line 14, strike leader of the House of Representatives; received during the public comment period. ‘‘first- or second-class airman’’ and insert (D) 4 shall be appointed by the majority (k) TERMINATION.—The Commission shall ‘‘first-, second-, or third-class airman’’. leader of the Senate; and terminate on the date that is 180 days after (E) 3 shall be appointed by the minority the date of the submission of the report SA 3765. Mr. BLUMENTHAL sub- leader of the Senate. under subsection (j). Upon the submission of mitted an amendment intended to be (2) QUALIFICATIONS.— such report, the Commission shall deliver all proposed to amendment SA 3679 pro- (A) IN GENERAL.—Members appointed pur- records and papers of the Commission to the posed by Mr. MCCONNELL (for Mr. suant to paragraph (1) shall be appointed Administrator of General Services for de- from among United States citizens who bring posit in the National Archives. THUNE (for himself and Mr. NELSON)) to knowledge of, and informed insights into, the bill H.R. 636, to amend the Internal aviation, transportation, travel, and tourism SA 3763. Mr. BLUMENTHAL sub- Revenue Code of 1986 to permanently policy. mitted an amendment intended to be extend increased expensing limita- (B) REPRESENTATION.—Members appointed proposed to amendment SA 3679 pro- tions, and for other purposes; which pursuant to paragraph (1) shall be appointed posed by Mr. MCCONNELL (for Mr. was ordered to lie on the table; as fol- in a manner so that at least 1 member of the THUNE (for himself and Mr. NELSON)) to lows: Commission represents the interests of each the bill H.R. 636, to amend the Internal of the following: Strike subtitle F of title II and insert the Revenue Code of 1986 to permanently following: (i) The Department of Transportation. extend increased expensing limita- (ii) The Department of Justice. tions, and for other purposes; which Subtitle F—Exemption From Medical (iii) Legacy, networked air carriers. Certification Requirements was ordered to lie on the table; as fol- (iv) Non-legacy air carriers. SEC. 2601. REPORTING BY PILOTS EXEMPT FROM (v) Air carrier employees. lows: MEDICAL CERTIFICATION REQUIRE- (vi) Large aircraft manufacturers. On page 206, between lines 8 and 9, insert MENTS. (vii) Ticket agents not part of an Internet- the following: Not later than 180 days after the date of based travel company. (c) JOINT TASK FORCE.— the enactment of this Act, the Secretary of (viii) Large airports. (1) ESTABLISHMENT.—Not later than 30 days Transportation shall require any pilot who is (ix) Small or mid-size airports with com- after the date of the enactment of this Act, exempt from medical certification require- mercial service. the Administrator, in coordination with the ments to submit, not less frequently than (x) Shippers. Attorney General, the Secretary of Home- once every 180 days, a report to the Depart- (xi) Consumers. land Security, the head of the Federal agen- ment of Transportation that— (xii) General aviation. cy authorized to regulate the use of laser (1) identifies the pilot’s status as an active (xiii) Local governments or port authori- pointers, and any other appropriate Federal pilot; and ties that operate commercial airports. stakeholders, shall establish a joint task (2) includes a summary of the pilot’s recent (xiv) Internet-based travel companies. force (referred to in this section as the flight hours. (xv) The travel and tourism industry. ‘‘Laser Pointer Safety Task Force’’) to ad- dress dangers from laser pointers by estab- SEC. 2602. GOVERNMENT ACCOUNTABILITY OF- (xvi) Global distribution systems. FICE REPORT ASSESSING EFFECT (xvii) Corporate business travelers. lishing a coordinated response to mitigate ON PUBLIC SAFETY OF EXEMPTION (3) TERMS.—Members shall be appointed for the threat of laser pointers aimed at air- FOR SPORT PILOTS FROM REQUIRE- the life of the Commission. craft. MENT FOR A MEDICAL CERTIFICATE. (4) CHAIRMAN.—The Chairman of the Com- (2) REPRESENTATION.—The Administrator Not later than 2 years after the date of the mission shall be elected by the members of shall appoint a representative of the Federal enactment of this Act, the Comptroller Gen- the Commission. Aviation Administration to lead the Laser eral of the United States shall submit a re- (5) VACANCIES.—A vacancy in the Commis- Pointer Safety Task Force, which shall also port to the Committee on Commerce, sion shall be filled in the manner in which includes representatives of the Department Science, and Transportation of the Senate the original appointment was made. of Justice, the Department of Homeland Se- and the Committee on Transportation and (6) TRAVEL EXPENSES.—Members shall curity, the Federal agency authorized to reg- Infrastructure of the House of Representa- serve without pay, but shall receive travel ulate the use of laser pointers, and any other tives that assesses the effect of section expenses, including per diem in lieu of sub- appropriate Federal stakeholder. 61.23(c)(ii) of title 14, Code of Federal Regula- sistence, in accordance with sections 5702 (3) PUBLIC EDUCATION CAMPAIGN.—The tions (permitting a person to exercise the and 5703 of title 5, United States Code. Laser Pointer Safety Task Force shall de- privileges of a sport pilot certificate without (f) STAFF.—The Commission may appoint velop a public education campaign to inform holding a medical certificate), on public safe- and fix the pay of such personnel as the Com- the public of the dangers of pointing a laser ty since 2004. mission considers appropriate. at aircraft. (g) STAFF OF FEDERAL AGENCIES.—Upon the (4) INCIDENT DETECTION AND REPORTING.— Mr. BLUMENTHAL sub- request of the Commission, the head of any SA 3766. The Laser Pointer Safety Task Force shall mitted an amendment intended to be Federal agency may detail, on a reimburs- develop methods for— able basis, any of the personnel of that agen- (A) encouraging the reporting of incidents proposed to amendment SA 3679 pro- cy to the Commission to assist the Commis- of laser pointers aimed at an aircraft; and posed by Mr. MCCONNELL (for Mr. sion in carrying out its duties under this sec- (B) assess what technology could be used THUNE (for himself and Mr. NELSON)) to tion. to enhance the detection of such incidents the bill H.R. 636, to amend the Internal (h) ADMINISTRATIVE SUPPORT SERVICES.— and to protect pilots from such incidents. Revenue Code of 1986 to permanently Upon the request of the Commission, the Ad- (5) REPORT.—Not later than 120 days after ministrator of General Services shall provide extend increased expensing limita- the date of the enactment of this Act, the to the Commission, on a reimbursable basis, tions, and for other purposes; which Laser Pointer Safety Task Force shall sub- the administrative support services nec- was ordered to lie on the table; as fol- mit a report to Congress that describes its essary for the Commission to carry out its efforts under this subsection and includes lows: responsibilities under this section. On page 258, after line 25, add the fol- (i) OBTAINING OFFICIAL DATA.—The Com- recommendations for further measures need- lowing: mission may secure directly from any Fed- ed to prevent or respond to the use of laser (m) RULEMAKING ESTABLISHING MINIMUM eral agency information (other than infor- pointers against aircraft. LIABILITY INSURANCE LEVELS FOR PILOTS.— mation required by any provision of law to (6) AUTHORIZATION OF APPROPRIATIONS.— be kept confidential by that agency) that is There are authorized to be appropriated such Not later than 180 days after the date of the necessary for the Commission to carry out sums as may be necessary for the Laser enactment of this Act, the Administrator of its duties under this section. Upon the re- Pointer Safety Task Force to carry out the the Federal Aviation Administration shall quest of the Commission, the head of such objectives set forth in this subsection. initiate a rulemaking to establish minimum agency shall furnish such nonconfidential in- levels of liability insurance for any pilot formation to the Commission. SA 3764. Mr. BLUMENTHAL sub- covered under this section. (j) REPORT.—Not later than 180 days after mitted an amendment intended to be the date on which initial appointments of proposed to amendment SA 3679 pro- SA 3767. Mr. BLUMENTHAL sub- members to the Commission are made under posed by Mr. MCCONNELL (for Mr. mitted an amendment intended to be subsection (e)(1), and after a public comment THUNE (for himself and Mr. NELSON)) to proposed to amendment SA 3679 pro- period of not less than 30 days, the Commis- the bill H.R. 636, to amend the Internal posed by Mr. MCCONNELL (for Mr. sion shall submit a report to the President THUNE (for himself and Mr. NELSON)) to and Congress that— Revenue Code of 1986 to permanently (1) describes the activities of the Commis- extend increased expensing limita- the bill H.R. 636, to amend the Internal sion; tions, and for other purposes; which Revenue Code of 1986 to permanently (2) includes recommendations made by the was ordered to lie on the table; as fol- extend increased expensing limita- Commission under subsection (c)(2); and lows: tions, and for other purposes; which

VerDate Sep 11 2014 03:43 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.053 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2052 CONGRESSIONAL RECORD — SENATE April 13, 2016 was ordered to lie on the table; as fol- (1) removing oil-based contaminants from was ordered to lie on the table; as fol- lows: the bleed air supplied to the passenger cabin lows: On page 59, line 12, strike ‘‘A violation’’ and flight deck; and Beginning on page 112, strike line 18 and and insert the following: (2) detecting and recording oil-based con- all that follows through page 113, line 5, and (a) PRIVATE RIGHT OF ACTION AGAINST UN- taminants in the bleed air fraction of the insert the following FAIR AND DECEPTIVE PRACTICES.—Section total air supplied to the passenger cabin and ‘‘(a) PROHIBITION.—Beginning on the date 41712 is amended by adding at the end the flight deck. that is 90 days after the date of publication following: (c) REPORT.—Not later than 1 year after of the guidance under subsection (b)(1), it ‘‘(d) PRIVATE RIGHT OF ACTION.— the date of the enactment of this Act, the shall be unlawful for any person to introduce ‘‘(1) IN GENERAL.—Any person aggrieved by Administrator shall submit a report to Con- or deliver for introduction into interstate an action prohibited under this section may gress that describes the results of the re- commerce any unmanned aircraft manufac- file a civil action for damages and injunctive search and development work carried out tured unless a safety statement is attached relief in any Federal district court or State under subsection (a). to the unmanned aircraft or accompanying court located in the State in which— (d) AUTHORIZATION OF APPROPRIATIONS.— the unmanned aircraft in its packaging. ‘‘(A) the unlawful action is alleged to have There are authorized to be appropriated such ‘‘(b) SAFETY STATEMENT.— been committed; or sums as may be necessary to carry out this ‘‘(1) IN GENERAL.—Not later than 90 days ‘‘(B) the aggrieved person resides. section. after the date of enactment of the Federal ‘‘(2) ENFORCEMENT BY A STATE.—The attor- Aviation Administration Reauthorization ney general of any State, as parens patriae, SA 3770. Mr. BLUMENTHAL sub- Act of 2016, the Administrator of the Federal may bring a civil action to enforce the provi- mitted an amendment intended to be Aviation Administration shall issue guid- sions of this section in— proposed to amendment SA 3679 pro- ance for implementing this section. ‘‘(A) any district court of the United posed by Mr. MCCONNELL (for Mr. States in that State; or THUNE (for himself and Mr. NELSON)) to SA 3773. Mr. BLUMENTHAL sub- ‘‘(B) any State court that is located in that the bill H.R. 636, to amend the Internal mitted an amendment intended to be State and has jurisdiction over the defend- Revenue Code of 1986 to permanently proposed to amendment SA 3679 pro- ant.’’. posed by Mr. MCCONNELL (for Mr. (b) VIOLATION OF A PRIVACY POLICY.—A vio- extend increased expensing limita- lation tions, and for other purposes; which THUNE (for himself and Mr. NELSON)) to was ordered to lie on the table; as fol- the bill H.R. 636, to amend the Internal SA 3768. Mr. BLUMENTHAL sub- lows: Revenue Code of 1986 to permanently mitted an amendment intended to be extend increased expensing limita- At the end of title V, add the following: proposed to amendment SA 3679 pro- tions, and for other purposes; which SEC. 5032. DIVERSIONS TO BRADLEY INTER- posed by Mr. MCCONNELL (for Mr. NATIONAL AIRPORT. was ordered to lie on the table; as fol- THUNE (for himself and Mr. NELSON)) to The Administrator of the Federal Aviation lows: the bill H.R. 636, to amend the Internal Administration shall coordinate with the op- At the end of subsection (a) of section 3114 Revenue Code of 1986 to permanently erator of Bradley International Airport, add the following: extend increased expensing limita- Windsor Locks, Connecticut, to develop and (5) by adding after subsection (d), as redes- tions, and for other purposes; which implement a plan for irregular operations ignated, the following: was ordered to lie on the table; as fol- that result in aircraft being diverted to the ‘‘(e) REPORTING REQUIREMENT.—Upon re- ceipt of any complaint, an air carrier shall lows: airport to ensure that the airport is not ad- versely affected. send the content of the complaint to the On page 279, line 7, strike ‘‘Not later than’’ Aviation Consumer Protection Division of and insert the following: SA 3771. Mr. BLUMENTHAL sub- the Department of Transportation.’’. (a) NO PREEMPTION OF CONSUMER PROTEC- mitted an amendment intended to be TION CLAIMS.—Section 41713(b)(4) is amended proposed to amendment SA 3679 pro- SA 3774. Mr. BLUMENTHAL sub- by adding at the end the following: mitted an amendment intended to be posed by Mr. MCCONNELL (for Mr. ‘‘(D) NO PREEMPTION OF CONSUMER PROTEC- proposed to amendment SA 3679 pro- TION CLAIMS.—Nothing in subparagraphs (A) THUNE (for himself and Mr. NELSON)) to through (C) may be construed— the bill H.R. 636, to amend the Internal posed by Mr. MCCONNELL (for Mr. ‘‘(i) to preempt, displace, or supplant any Revenue Code of 1986 to permanently THUNE (for himself and Mr. NELSON)) to action for civil damages or injunctive relief extend increased expensing limita- the bill H.R. 636, to amend the Internal based on a State consumer protection stat- tions, and for other purposes; which Revenue Code of 1986 to permanently ute; or extend increased expensing limita- ‘‘(ii) to restrict the authority of any gov- was ordered to lie on the table; as fol- lows: tions, and for other purposes; which ernment entity, including a State attorney was ordered to lie on the table; as fol- general, from bringing a legal claim on be- At the end of subtitle A of title III, add the lows: half of the citizens of such State.’’. following: On page 286, strike lines 5 through 19, and (b) SUPPLEMENTAL NOTICE OF PROPOSED SEC. 3124. GOVERNMENT ACCOUNTABILITY OF- RULEMAKING.—Not later than FICE REPORT ON BAGGAGE FEES. insert the following: Not later than 180 days after the date of (1) each covered air carrier to disclose to a SA 3769. Mr. BLUMENTHAL sub- the enactment of this Act, the Comptroller consumer any ancillary fees, including the mitted an amendment intended to be General of the United States shall submit to baggage fee, cancellation fee, change fee, proposed to amendment SA 3679 pro- Congress a report assessing— ticketing fee, and seat selection fee of that covered air carrier in a standardized format; posed by Mr. MCCONNELL (for Mr. (1) the extent to which baggage fees im- and THUNE (for himself and Mr. NELSON)) to posed by air carriers have led to— (A) increased security costs at airports, as (2) notwithstanding the manner in which the bill H.R. 636, to amend the Internal information regarding the fees described in Revenue Code of 1986 to permanently reflected by the need for more security screening officials and security screening paragraph (1) is collected, each ticket agent extend increased expensing limita- equipment; and to disclose to a consumer such fees of a cov- tions, and for other purposes; which (B) economic disruption, such as requiring ered air carrier in the standardized format was ordered to lie on the table; as fol- passengers to spend increased time waiting described in paragraph (1). (b) REQUIREMENTS.—The regulations under lows: in line instead of pursuing more worthwhile, subsection (a) shall require that each disclo- productive pursuits; and On page 222, between lines 2 and 3, insert sure— (2) whether any increased costs have been the following: (1) if ticketing is done on an Internet Web borne disproportionately by taxpayers in- SEC. 2321. CABIN AIR QUALITY TECHNOLOGY. site or other online service— stead of air carriers. (a) IN GENERAL.—Not later than 60 days (A) be prominently displayed to the con- after the date of the enactment of this Act, Mr. BLUMENTHAL sub- sumer through a link on the homepage of the the Administrator of the Federal Aviation SA 3772. covered air carrier or ticket agent and prior Administration shall initiate research and mitted an amendment intended to be to the point of purchase; and development work on effective air cleaning proposed to amendment SA 3679 pro- and sensor technology for the engine and posed by Mr. MCCONNELL (for Mr. SA 3775. Mr. BLUMENTHAL sub- auxiliary power unit for bleed air supplied to THUNE (for himself and Mr. NELSON)) to mitted an amendment intended to be the passenger cabin and flight deck of a pres- the bill H.R. 636, to amend the Internal proposed to amendment SA 3679 pro- surized aircraft. (b) TECHNOLOGY REQUIREMENTS.—The tech- Revenue Code of 1986 to permanently posed by Mr. MCCONNELL (for Mr. nology developed under subsection (a) shall extend increased expensing limita- THUNE (for himself and Mr. NELSON)) to be capable of— tions, and for other purposes; which the bill H.R. 636, to amend the Internal

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The term ‘‘relevant committees of Congress’’ following: (b) DEFINITION.—In this section, the term means— SEC. 3124. UNFAIR OR DECEPTIVE PRACTICES ‘‘air carrier’’ means a person, including a RELATING TO TRAVEL INSURANCE. commercial enterprise, that has been issued (A) the Committee on Appropriations, the Section 2 of the Act of the Act of March 9, an air carrier operating certificate under Committee on Environment and Public 1945 (59 Stat. 33, chapter 20; 15 U.S.C. 1012) is section 44705 of title 49, United States Code. Works, the Committee on Finance, the Com- amended by adding at the end the following: mittee on Homeland Security and Govern- ‘‘(c) Notwithstanding subsections (a) and SA 3779. Mr. CORNYN (for himself, mental Affairs, and the Committee on the (b), the Secretary of Transportation may in- Mr. FLAKE, Mr. HELLER, and Mr. Judiciary of the Senate; and vestigate, and take action under section MCCAIN) submitted an amendment in- (B) the Committee on Appropriations, the 41712(a) of title 49, United States Code, with tended to be proposed to amendment Committee on Homeland Security, the Com- respect to, unfair or deceptive practices and SA 3679 proposed by Mr. MCCONNELL mittee on the Judiciary, and the Committee unfair methods of competition with respect (for Mr. THUNE (for himself and Mr. on Transportation and Infrastructure of the to insurance relating to travel in air trans- NELSON)) to the bill H.R. 636, to amend House of Representatives. portation.’’. the Internal Revenue Code of 1986 to SEC. l04. AUTHORITY TO ENTER INTO FEE SA 3776. Mr. BLUMENTHAL (for permanently extend increased expens- AGREEMENTS FOR THE PROVISION himself and Mr. MARKEY) submitted an ing limitations, and for other purposes; OF CERTAIN SERVICES OF U.S. CUS- amendment intended to be proposed to which was ordered to lie on the table; TOMS AND BORDER PROTECTION. amendment SA 3679 proposed by Mr. as follows: (a) FEE AGREEMENTS.— MCCONNELL (for Mr. THUNE (for himself At the appropriate place, insert the fol- (1) AUTHORITY FOR FEE AGREEMENTS.—Not- lowing: and Mr. NELSON)) to the bill H.R. 636, withstanding section 13031(e) of the Consoli- to amend the Internal Revenue Code of TITLE ll—CROSS-BORDER TRADE dated Omnibus Budget Reconciliation Act of 1986 to permanently extend increased ENHANCEMENT ACT OF 2016 1985 (19 U.S.C. 58c(e)) and section 451 of the Tariff Act of 1930 (19 U.S.C. 1451), the Com- expensing limitations, and for other SEC. l01. SHORT TITLE. This title may be cited as the ‘‘Cross-Bor- missioner may, upon the request of any per- purposes; which was ordered to lie on der Trade Enhancement Act of 2016’’. son, enter into an agreement with that per- the table; as follows: SEC. l02. REPEAL AND TRANSITION PROVISION. son under which— At the appropriate place, insert the fol- (a) REPEAL.—Subject to subsections (b) and (A) U.S. Customs and Border Protection lowing: (c), section 560 of the Department of Home- will provide the services described in para- SEC. 3124. REGULATIONS RELATING TO DISCLO- land Security Appropriations Act, 2013 (divi- graph (4) at a port of entry or any other fa- SURE OF FLIGHT DATA. sion D of Public Law 113–6; 127 Stat. 378) and cility where U.S. Customs and Border Pro- (a) IN GENERAL.—Not later than 180 days section 559 of the Department of Homeland tection provides or will provide services; after the date of the enactment of this Act, Security Appropriations Act, 2014 (division F (B) such person will remit a fee imposed the Secretary of Transportation shall pre- of Public Law 113–76; 6 U.S.C. 211 note) are scribe regulations prohibiting an air carrier repealed. under subsection (b) to U.S. Customs and from limiting the access of consumers to in- (b) AGREEMENTS IN EFFECT.—Notwith- Border Protection in an amount equal to the formation relating to schedules, fares, and standing subsection (a), nothing in this Act full costs incurred or that will be incurred in fees for flights in passenger air transpor- may be construed as affecting in any manner providing such services; and tation. an agreement entered into pursuant to sec- (C) any additional facilities at which U.S. (b) AIR CARRIER DEFINED.—In this section, tion 560 of the Department of Homeland Se- Customs and Border Protection services are the term ‘‘air carrier’’ means an air carrier curity Appropriations Act, 2013 (division D of performed or deemed necessary for the provi- or foreign air carrier, as those terms are de- Public Law 113–6; 127 Stat. 378) or section 559 sion of services under an agreement entered fined in section 40102 of title 49, United of the Department of Homeland Security Ap- into under this section shall be provided, States Code. propriations Act, 2014 (division F of Public maintained, and equipped by such person, Law 113–76; 6 U.S.C. 211 note) that is in effect without additional cost to the Federal Gov- on the day before the date of the enactment SA 3777. Mr. BLUMENTHAL sub- ernment, in accordance with U.S. Customs of this Act, and any such agreement shall mitted an amendment intended to be and Border Protection specifications. proposed to amendment SA 3679 pro- continue to have full force and effect on and after such date. (2) CRITERIA.—The Commissioner shall es- posed by Mr. MCCONNELL (for Mr. (c) PROPOSED AGREEMENTS.—Notwith- tablish criteria for entering into a partner- THUNE (for himself and Mr. NELSON)) to standing subsection (a), nothing in this Act ship under paragraph (1) that include the fol- the bill H.R. 636, to amend the Internal may be construed as affecting in any manner lowing: Revenue Code of 1986 to permanently a proposal accepted for consideration by U.S. (A) Selection and evaluation of potential extend increased expensing limita- Customs and Border Protection pursuant to partners. tions, and for other purposes; which section 559 of the Department of Homeland (B) Identification and documentation of Security Appropriations Act, 2014 (division F roles and responsibilities between U.S. Cus- was ordered to lie on the table; as fol- of Public Law 113–76; 6 U.S.C. 211 note) that lows: toms and Border Protection, General Serv- was accepted prior to the date of the enact- ices Administration, and private and govern- On page 201, between lines 20 and 21, insert ment of this Act. ment partners. the following: SEC. l03. DEFINITIONS. (C) Identification, allocation, and manage- ‘‘(3) the existence and utility of the Na- In this title: ment of explicit and implicit risks of tional Human Trafficking Resource Center. (1) ADMINISTRATION.—The term ‘‘Adminis- partnering between U.S. Customs and Border tration’’ mean the General Services Admin- SA 3778. Mr. BLUMENTHAL sub- istration. Protection, General Services Administra- tion, and private and government partners. mitted an amendment intended to be (2) ADMINISTRATOR.—The term ‘‘Adminis- proposed to amendment SA 3679 pro- trator’’ mean the Administrator of the Ad- (D) Decision-making and dispute resolu- posed by Mr. MCCONNELL (for Mr. ministration. tion processes in partnering arrangements. (E) Criteria and processes for U.S. Customs THUNE (for himself and Mr. NELSON)) to (3) COMMISSIONER.—The term ‘‘Commis- the bill H.R. 636, to amend the Internal sioner’’ means the Commissioner of U.S. Cus- and Border Protection to terminate agree- ments if private or government partners are Revenue Code of 1986 to permanently toms and Border Protection. (4) DONATION AGREEMENT.—The term ‘‘do- not meeting the terms of such a partnership, extend increased expensing limita- nation agreement’’ means an agreement including the security standards established tions, and for other purposes; which made under section l05(a). by U.S. Customs and Border Protection. was ordered to lie on the table; as fol- (5) FEE AGREEMENT.—The term ‘‘fee agree- (3) PUBLICATION.—The Commissioner shall lows: ment’’ means an agreement made by the make publicly available the criteria estab- After section 2307, insert the following: Commissioner under section l04(a)(1). lished under paragraph (2), and shall notify SEC. 2307A. TRAINING ON HUMAN TRAFFICKING (6) PERSON.—The term ‘‘person’’ means— the relevant committees of Congress not less FOR ADDITIONAL AIR CARRIER PER- (A) an individual; than 15 days prior to the publication of the SONNEL. (B) a corporation, partnership, trust, es- criteria and any subsequent changes to such (a) IN GENERAL.—Each air carrier shall pro- tate, association, or any other private or criteria. vide ticket counter agents, gate agents, and public entity;

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(4) SERVICES DESCRIBED.—Services de- (A) ensure that each fee agreement pro- (A) IN GENERAL.—The Commissioner shall scribed in this paragraph are any services re- posal is given equal consideration regardless terminate the services provided pursuant to lated to, or in support of, customs, agricul- of the size of the port of entry; and a fee agreement with a person that, after re- tural processing, border security, or inspec- (B) report to the relevant committees of ceiving notice from the Commissioner that a tion-related immigration matters provided Congress on the number of fee agreement fee imposed under the fee agreement is due, by an employee or contractor of U.S. Cus- proposals that the Commissioner did not fails to pay such fee in a timely manner. toms and Border Protection at ports of entry enter into due to legal restrictions on the (B) EFFECT OF TERMINATION.—At the time or any other facility where U.S. Customs and number of fee agreements that the Commis- services are terminated pursuant to subpara- Border Protection provides or will provide sioner is permitted to enter into. graph (A), all costs incurred by U.S. Customs services. (11) DENIED APPLICATION.—If the Commis- and Border Protection which have not been (5) MODIFICATION OF PRIOR AGREEMENTS.— sioner denies a proposal for a fee agreement, paid, will become immediately due and pay- The Commissioner, at the request of a person the Commission shall provide the person who able. who has previously entered into an agree- submitted the proposal a detailed justifica- (C) INTEREST.—Interest on unpaid fees will ment with U.S. Customs and Border Protec- tion for the denial. accrue based on the quarterly rate(s) estab- tion for the reimbursement of fees in effect (12) CONSTRUCTION.—Nothing in this sec- lished under sections 6621 and 6622 of the In- on the date of enactment of this Act, may tion may be construed— ternal Revenue Code of 1986. modify such agreement to implement any (A) to require a person entering into a fee (D) PENALTIES.—Any person that fails to provisions of this title. agreement to cover costs that are otherwise pay any fee incurred under a fee agreement (6) LIMITATION.—The Commissioner may the responsibility of the U.S. Customs and in a timely manner, after notice and demand not enter into a reimbursable fee agreement Border Protection or any other agency of the for payment, shall be liable for a penalty or under this subsection if such agreement Federal Government and are not incurred, or liquidated damage equal to 2 times the would unduly and permanently impact serv- expected to be incurred, to cover services amount of such fee. ices funded in this Act or any appropriations specifically covered by an agreement entered (E) AMOUNT COLLECTED.—Any amount col- Act, or provided from any account in the into under authorities provided by this title; lected pursuant to a fee agreement shall be Treasury of the United States derived by the or deposited into the account specified under collection of fees. (B) to unduly and permanently reduce the paragraph (4) and shall be available as de- (7) NUMERICAL LIMITATIONS.—Except as pro- responsibilities or duties of U.S. Customs scribed therein. vided in paragraphs (8) and (9), there shall be and Border Protection to provide services at (F) RETURN OF UNUSED FUNDS.—The Com- no limit to the number of fee agreements ports of entry that have been authorized or missioner shall return any unused funds col- that may be entered into by the Commis- mandated by law and are funded in any ap- lected under a fee agreement that is termi- sioner. propriation Act or from any accounts in the nated for any reason, or in the event that the (8) AUTHORITY FOR NUMERICAL LIMITA- Treasury of the United States derived by the terms of such agreement change by mutual TIONS.— collection of fees. agreement to cause a reduction of U.S. Cus- (A) RESOURCE AVAILABILITY.—If the Com- (13) JUDICIAL REVIEW.—Decisions of the toms and Border Protections services. No in- missioner finds that resource or allocation Commissioner under this subsection are in terest shall be owed upon the return of any constraints would prevent U.S. Customs and the discretion of the Commissioner and not unused funds. (i) Border Protection from fulfilling, in whole subject to judicial review. (6) TERMINATION BY THE SPONSOR.—Any per- or in part, requests for services under the (b) FEE.— son who has previously entered into an terms of existing or proposed fee agree- (1) IN GENERAL.—A person who enters into agreement with U.S. Customs and Border ments, the Commissioner shall impose an- a fee agreement shall pay a fee pursuant to Protection for the reimbursement of fees in nual limits on the number of new fee agree- such agreement in an amount equal to the effect on the date of enactment of this Act, ments. full cost of U.S. Customs and Border Protec- or under the provisions of this Act, may re- (B) ANNUAL REVIEW.—If the Commissioner tion— quest that such agreement make provision limits the number of new fee agreements (A) of the salaries and expenses of individ- for termination at the request of such person under this paragraph, the Commissioner uals employed or contracted by U.S. Cus- shall annually evaluate and reassess such toms and Border Protection to provide such upon advance notice, the length and terms of limits and publish the results of such evalua- services; and which shall be negotiated between such per- tion and affirm any such limits that shall re- (B) of other costs incurred by U.S. Customs son and U.S. Customs and Border Protection. main in effect in a publicly available format. and Border Protection related to providing (c) ANNUAL REPORT AND NOTICE TO CON- (9) NUMERICAL LIMITATIONS AT AIR PORTS OF such services, such as temporary placement GRESS.—The Commissioner shall— ENTRY.— or permanent relocation of employees. (1) submit to the relevant committees of (A) IN GENERAL.—The Commissioner may (2) ADVANCE PAYMENT.—The Commissioner, Congress an annual report that identifies not enter into more than 10 fee agreements with approval from a person requesting serv- each fee agreement made during the previous per year to provide U.S. Customs and Border ices of U.S. Customs and Border Protection year; and Protection services at air ports of entry. services pursuant to a fee agreement, may (2) not less than 15 days before entering (B) CERTAIN COSTS.—A fee agreement for accept the fee for services prior to providing into a fee agreement, notify the members of U.S. Customs and Border Protection services such services. Congress that represent the State or district at an air port of entry may only provide for (3) OVERSIGHT OF FEES.—The Commissioner in which the affected port or facility is lo- the reimbursement of— shall develop a process to oversee the activi- cated. (i) salaries and expenses of not more than ties for which fees are charged pursuant to a (d) MODIFICATION OF EXISTING REPORTS TO 5 full-time equivalent U.S. Customs and Bor- fee agreement that includes the following: CONGRESS.—Section 907(b) of the Trade Fa- der Protection officers; (A) A determination and report on the full cilitation and Trade Enforcement Act of 2015 (ii) costs incurred by U.S. Customs and cost of providing services, including direct (Public Law 114–125) is amended— Border Protection for the payment of over- and indirect costs, as well as a process, (1) in paragraph (3), by striking ‘‘or’’ at the time to employee; through consultation with affected parties end; (iii) the salaries and expenses of employees and other interested stakeholders, for in- (2) in paragraph (4), by striking the period of U.S. Customs and Border Protection to creasing such fees as necessary. at the end and inserting ‘‘; or’’; and support U.S. customs and Border Protection (B) The establishment of a periodic remit- (3) by adding at the end the following: officers in performing law enforcement func- tance schedule to replenish appropriations, ‘‘(5) the program for entering into reim- tions at air ports of entry, including primary accounts or funds, as necessary. bursable fee agreements for the provision of and secondary processing of passengers; and (C) The identification of costs paid by such U.S. Customs and Border Protection services (iv) other costs incurred by U.S. Customs fees. established by the Cross-Border Trade En- and Border Protection relating to services (4) DEPOSIT OF FUNDS.—Amounts collected hancement Act of 2016.’’. described in paragraph (2), such as tem- pursuant to a fee agreement shall— (e) EFFECTIVE PERIOD.—The authority for porary placement or permanent relocation of (A) be deposited as an offsetting collection; the Commission to enter into new fee agree- such employees. (B) remain available until expended, with- ments shall be in effect until September 30, (C) PRECLEARANCE.—The authority in the out fiscal year limitation; and 2025. Any fee agreement entered into prior to section may not be used to enter into new (C) be credited to the applicable appropria- that date shall remain in effect under the preclearance agreements or initiate the pro- tion, account, or fund for the amount paid terms of that fee agreement. vision of U.S. Customs and Border Protec- out of that appropriation, account, or fund SEC. l05. AUTHORITY TO ENTER INTO AGREE- tion services outside of the United States. for— MENTS TO ACCEPT DONATIONS FOR (10) PORT OF ENTRY SIZE CONSIDERATION.—If (i) any expenses incurred or to be incurred PORTS OF ENTRY. the number of fee agreement proposals that by U.S. Customs and Border Protection in (a) AGREEMENTS AUTHORIZED.— meet the eligibility criteria established in providing such services; and (1) COMMISSIONER.—The Commissioner, in paragraph (2) exceed the number of fee agree- (ii) any other costs incurred by U.S. Cus- collaboration with the Administrator as pro- ments that the Commissioner is permitted toms and Border Protection relating to such vided under subsection (f), may enter into an by law to enter into, then the Commissioner services. agreement with any person to accept a dona- shall— (5) TERMINATION BY THE COMMISSIONER.— tion of real or personal property, including

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(B) allow the person to resubmit the pro- the table; as follows: (2) ADMINISTRATOR.—Where the Adminis- posal with additional information and mate- At the, end of section 2154, add the fol- trator owns or leases a new or existing land rial described under subparagraph (A) to lowing: port of entry, facility, or other infrastruc- complete the proposal. (d) SAVINGS CLAUSE.—øNothing in this sec- ture at a location where U.S. Customs and (3) COMPLETE APPLICATIONS.—Not later tion shall prohibit the Administrator from Border Protection performs or will be per- than 180 days after receiving a completed authorizing the owner of a fixed site facility forming inspection services, the Adminis- and final proposal for a donation agreement, to operate an aircraft, including a UAS, over trator, in collaboration with the Commis- the Commissioner, and Administrator if ap- its own property/Nothing in this section may sioner, may enter into an agreement with plicable, shall— be construed as prohibiting the Adminis- any person to accept a donation of real or (A) make a determination whether to deny trator from authorizing an owner of a fixed personal property, including monetary dona- or approve the proposal; and site facility to operate an aircraft, including tions, or nonpersonal services, at that loca- (B) notify the person that submitted the an unmanned aircraft system, over, under, or tion for activities set forth in subsection (b). proposal of the determination. within a specified distance from that fixed site facility¿. (b) USE.—A donation made under a dona- (4) CONSIDERATIONS.—In making the deter- tion agreement may be used for activities re- mination under paragraph (3)(A), the Com- SA 3781. Ms. KLOBUCHAR submitted lated to construction, alteration, operation missioner, and Administrator if applicable, or maintenance, including expenses related shall consider— an amendment intended to be proposed to— (A) the impact of the proposal on reducing to amendment SA 3679 proposed by Mr. (1) land acquisition, design, construction, wait times at that port of entry or facility MCCONNELL (for Mr. THUNE (for himself repair, and alteration; and other ports of entry on the same border; and Mr. NELSON)) to the bill H.R. 636, (2) furniture, fixtures, equipment, and (B) the potential of the proposal to in- to amend the Internal Revenue Code of technology, including installation and the crease trade and travel efficiency through deployment thereof; and 1986 to permanently extend increased added capacity; and (3) operation and maintenance of the facil- expensing limitations, and for other (C) the potential of the proposal to en- ity, infrastructure, equipment, and tech- purposes; which was ordered to lie on hance the security of the port of entry or fa- nology. the table; as follows: cility. (c) LIMITATION ON MONETARY DONATIONS.— At the end of subtitle D of title II, add the Any monetary donation accepted pursuant (i) SUPPLEMENTAL FUNDING.—Any property, including monetary donations and nonper- following: to a donation agreement may not be used to SEC. 2406. COMPLETION OF CERTAIN PROJECTS pay the salaries of employees of U.S. Cus- sonal services, donated pursuant to a dona- tion agreement may be used in addition to BY STATE DEPARTMENTS OF TRANS- toms and Border Protection who perform in- PORTATION. any other funds, including appropriated spection services. With respect to a proposed construction or funds, property, or services made available (d) TRANSFER.— alteration for which notice to the Federal for the same purpose. (1) AUTHORITY TO TRANSFER.—Donations Aviation Administration is required under (j) RETURN OF DONATION.—If the Commis- accepted by the Commissioner or the Admin- section 77.9 of title 14, Code of Federal Regu- sioner or the Administrator does not use the istrator under a donation agreement may be lations, upon receiving such notice, the Ad- property or services donated pursuant to a transferred between U.S. Customs and Bor- ministrator of the Federal Aviation Admin- donation agreement, such donated property der Protection and the Administration. istration shall allow a State department of or services shall be returned to the person (2) NOTIFICATION.—Prior to executing a transportation to carry out such construc- that made the donation. transfer under this subsection, the Commis- tion or alteration, and shall not require an (k) INTEREST PROHIBITED.—No interest may sioner or Administrator shall notify a person aeronautical study under section 77.27 of be owed on any donation returned to a per- that entered into the donation agreement of such title, if such State department of trans- son under this subsection. an intent to transfer the donated property or portation— (l) PROHIBITION ON CERTAIN FUNDING.—The services. (1) has appropriate engineering expertise (e) TERM OF DONATION AGREEMENT.—The Commissioner and the Administrator may to perform the construction or alteration; term of a donation agreement may be as long not, with respect to an agreement authorized and as is required to meet the terms of the agree- under this section, obligate or expend (2) complies with applicable Federal Avia- ment. amounts in excess of amounts that have been tion Administration standards for the con- (f) ROLE OF ADMINISTRATOR.—The Adminis- appropriated pursuant to any appropriations struction or alteration. trator’s role, involvement, and authority Act for purposes specified in the agreement under this section is limited with respect to or otherwise made available for any of such SA 3782. Ms. KLOBUCHAR (for her- donations made at new or existing land ports purposes. self and Mr. FRANKEN) submitted an of entry, facilities, or other infrastructure (m) ANNUAL REPORT AND NOTICE TO CON- owned or leased by the Administration. GRESS.—The Commissioner, in collaboration amendment intended to be proposed to (g) EVALUATION PROCEDURES.— with the Administrator if applicable, shall— amendment SA 3679 proposed by Mr. (1) REQUIREMENTS FOR PROCEDURES.—Not (1) submit to the relevant committees of MCCONNELL (for Mr. THUNE (for himself later than 180 days after the date of enact- Congress an annual report that identifies and Mr. NELSON)) to the bill H.R. 636, ment, the Commissioner, in consultation each donation agreement made during the with the Administrator as appropriate, shall to amend the Internal Revenue Code of previous year; and 1986 to permanently extend increased issue procedures for evaluating proposals for (2) not less than 15 days before entering donation agreements. expensing limitations, and for other into a donation agreement, notify the mem- (2) AVAILABILITY.—The procedures issued purposes; which was ordered to lie on bers of Congress that represent the State or under paragraph (1) shall be made available district in which the affected port or facility the table; as follows: to the public. is located. At the appropriate place, insert the fol- (3) COST-SHARING ARRANGEMENTS.—In (n) RULE OF CONSTRUCTION.—Except as oth- lowing: issuing the procedures under paragraph (1), erwise provided in this section, nothing in SEC. llll. REPORT ON CONSPICUITY NEEDS the Commissioner, in consultation with the this section may be construed as affecting in FOR SURFACE VEHICLES OPER- Administration, shall evaluate the use of au- any manner the responsibilities, duties, or ATING ON THE AIRSIDE OF AIR CAR- thorities provided under this section to enter RIER SERVED AIRPORTS. authorities of U.S. Customs and Border Pro- into cost-sharing or reimbursement agree- (a) STUDY REQUIRED.—The Administrator tection or the Administration. ments with eligible persons and determine of the Federal Aviation Administration shall (o) EFFECTIVE PERIOD.—The authority for whether such agreements may improve facil- perform a study of the need for the Federal the Commission or the Administrator to ity conditions or inspection services at new Aviation Administration to prescribe con- enter into new donation agreements shall be or existing land, sea, or air ports of entry. spicuity standards for surface vehicles oper- in effect until September 30, 2025. Any dona- (h) DETERMINATION AND NOTIFICATION.— ating on the airside of the categories of air- tion agreement entered into prior to that (1) IN GENERAL.—Not later than 60 days ports that air carriers serve as specified in date shall remain in effect under the terms after receiving a proposal for a donation subsection (b). of that donation agreement. agreement, the Commissioner, and Adminis- (b) COVERED AIRPORTS.—The study re- trator if applicable, shall notify the person quired by subsection (a) shall cover, at a that submitted the proposal as to whether it SA 3780. Mr. NELSON submitted an minimum, one large hub airport, one me- is complete or incomplete. amendment intended to be proposed to dium hub airport and one small hub airport, (2) INCOMPLETE PROPOSALS.—If the Com- amendment SA 3679 proposed by Mr. as those terms are defined in section 40102 of missioner, and Administrator if applicable, MCCONNELL (for Mr. THUNE (for himself title 49, United States Code.

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(c) REPORT TO CONGRESS.—Not later than SEC. 1003. FAA OPERATIONS. (2) NEW SMALL BUSINESS CONCERNS.—For July 1, 2017, the Administrator shall submit (a) IN GENERAL.—Section 106(k)(1) is purposes of paragraph (1), a new small busi- to the appropriate committees of Congress a amended by striking subparagraphs (A) ness concern is a small business concern that report setting forth the results of the study through (E) and inserting the following: did not participate in the programs and ac- required by subsection (a), including such ‘‘(A) $9,910,009,314 for fiscal year 2016; tivities described in paragraph (1) in a pre- recommendations as the Administrator con- ‘‘(B) $10,025,361,111 for fiscal year 2017; and vious fiscal year. siders appropriate regarding the need for the ‘‘(C) $10,103,780,622 for fiscal year 2018.’’. (3) CONTENTS.—The report shall include— Administration to prescribe conspicuity (b) AUTHORIZED EXPENDITURES.—Section (A) a list of the top 25 and bottom 25 large standards as described in subsection (a). 106(k)(2) is amended by striking ‘‘for fiscal and medium hub airports in terms of pro- years 2012 through 2015’’ each place it ap- viding opportunities for small business con- SA 3783. Mr. BROWN submitted an pears and inserting ‘‘for fiscal years 2016 cerns owned and controlled by socially and amendment intended to be proposed to through 2018’’. economically disadvantaged individuals to amendment SA 3679 proposed by Mr. (c) AUTHORITY TO TRANSFER FUNDS.—Sec- participate in the programs and activities tion 106(k)(3) is amended by striking ‘‘2012 funded using the amounts made available MCCONNELL (for Mr. THUNE (for himself through 2015 and for the period beginning on under this Act; and Mr. NELSON)) to the bill H.R. 636, October 1, 2015, and ending on July 15, 2016’’ (B) the results of an assessment, to be con- to amend the Internal Revenue Code of and inserting ‘‘2016 through 2018’’. ducted by the Inspector General, on the rea- 1986 to permanently extend increased SEC. 1004. FAA RESEARCH AND DEVELOPMENT. sons why the top airports have been success- expensing limitations, and for other Section 48102 is amended— ful in providing such opportunities; and purposes; which was ordered to lie on (1) in subsection (a)— (C) recommendations to the Administrator the table; as follows: (A) in the matter preceding paragraph (1)— of the Federal Aviation Administration and Congress on methods for other airports to At the appropriate place, insert the fol- (i) by striking ‘‘44511-44513’’ and inserting achieve results similar to those of the top lowing: ‘‘44512-44513’’; and (ii) by striking ‘‘and, for each of fiscal airports. SEC. llll. MODIFICATION OF REQUIREMENT years 2012 through 2015, under subsection (d) EXTENSION OF PILOT PROGRAM FOR RE- UNDER CERTAIN FEDERAL AVIA- TION ADMINISTRATION PROGRAMS (g)’’; DEVELOPMENT OF AIRPORT PROPERTIES.—Sec- TO BUY GOODS PRODUCED IN (B) in paragraph (8), by striking ‘‘; and’’ tion 822(k) of the FAA Modernization and UNITED STATES. and inserting a semicolon; and Reform Act of 2012 (49 U.S.C. 47141 note) is Subparagraph (A) of section 50101(d)(3) is (C) by striking paragraph (9) and inserting amended by striking ‘‘July 15, 2016’’ and in- amended to read as follows: the following: serting ‘‘September 30, 2018’’. ‘‘(A) the cost of components and subcompo- ‘‘(9) $166,000,000 for fiscal year 2016; nents produced in the United States— ‘‘(10) $169,000,000 for fiscal year 2017; and SA 3785. Mr. WARNER (for himself ‘‘(i) for fiscal years 2017 and 2018, is more ‘‘(11) $171,000,000 for fiscal year 2018.’’; and and Mr. KAINE) submitted an amend- than 60 percent of the cost of all components (2) in subsection (b), by striking paragraph ment intended to be proposed to (3). of the facility or equipment; amendment SA 3679 proposed by Mr. ‘‘(ii) for fiscal years 2019 and 2020, is more SEC. 1005. FUNDING FOR AVIATION PROGRAMS. MCCONNELL (for Mr. THUNE (for himself than 65 percent of the cost of all components (a) AIRPORT AND AIRWAY TRUST FUND of the facility or equipment; and GUARANTEE.—Section 48114(a)(1)(A) is amend- and Mr. NELSON)) to the bill H.R. 636, ‘‘(iii) for fiscal year 2021 and each fiscal ed to read as follows: to amend the Internal Revenue Code of year thereafter, is more than 70 percent of ‘‘(A) IN GENERAL.—The total budget re- 1986 to permanently extend increased the cost of the facility or equipment; and’’. sources made available from the Airport and expensing limitations, and for other Airway Trust Fund each fiscal year under purposes; which was ordered to lie on SA 3784. Mr. PERDUE submitted an sections 48101, 48102, 48103, and 106(k)— the table; as follows: amendment intended to be proposed to ‘‘(i) shall in each of fiscal years 2016 On page 238, after line 23, add the fol- amendment SA 3679 proposed by Mr. through 2018, be equal to the sum of— ‘‘(I) 90 percent of the estimated level of re- lowing: MCCONNELL (for Mr. THUNE (for himself ceipts plus interest credited to the Airport SEC. 2507. USE OF FEDERAL FACILITIES FOR and Mr. NELSON)) to the bill H.R. 636, and Airway Trust Fund for that fiscal year; AVIATION TESTING. to amend the Internal Revenue Code of and (a) FINDINGS.—Congress makes the fol- 1986 to permanently extend increased ‘‘(II) the actual level of receipts plus inter- lowing findings: expensing limitations, and for other est credited to the Airport and Airway Trust (1) Wallops Flight Facility is an important purposes; which was ordered to lie on Fund for the second preceding fiscal year Federal research and test site that supports the table; as follows: minus the total amount made available for the National Aeronautics and Space Admin- obligation from the Airport and Airway istration (referred to in this section as Strike subtitle A of title I and insert the Trust Fund for the second preceding fiscal ‘‘NASA’’ and other Federal and non-Federal following: year; and entities through the conduct of hazardous Subtitle A—Funding of FAA Programs ‘‘(ii) may be used only for the aviation in- rocket and aviation-based missions, includ- SEC. 1001. AIRPORT PLANNING AND DEVELOP- vestment programs listed in subsection ing the launch and recovery of experimental MENT AND NOISE COMPATIBILITY (b)(1).’’. space vehicles and aircraft being developed PLANNING AND PROGRAMS. (b) ENFORCEMENT OF GUARANTEES.—Section for NASA, the Department of Defense, and (a) AUTHORIZATION.—Section 48103(a) is 48114(c)(2) is amended by striking ‘‘2016’’ and private industry. amended by striking ‘‘section 47505(a)(2), and inserting ‘‘2018’’. (2) The designation of restricted airspace carrying out noise compatibility programs SEC. 1006. EXTENSION OF EXPIRING AUTHORI- provides the Wallops Flight Facility with under section 47504(c) $3,350,000,000 for each TIES. critical capability to safely conduct the mis- of fiscal years 2012 through 2015 and (a) MARSHALL ISLANDS, MICRONESIA, AND sions described in paragraph (1) by pro- $2,652,083,333 for the period beginning on Oc- PALAU.—Section 47115(j) is amended by strik- tecting public and private aircraft from the tober 1, 2015, and ending on July 15, 2016’’ and ing ‘‘2015 and for the period beginning on Oc- hazards associated with such missions. inserting ‘‘section 47505(a)(2), carrying out tober 1, 2015, and ending on July 15, 2016,’’ (3) Although Wallops Flight Facility has noise compatibility programs under section and inserting ‘‘2018’’. been working with the Federal Aviation Ad- 47504(c), for an airport cooperative research (b) EXTENSION OF COMPATIBLE LAND USE ministration to extend its restricted airspace program under section 44511, for Airports PLANNING AND PROJECTS BY STATE AND LOCAL in order to meet the national needs of its Technology-Safety research, and Airports GOVERNMENTS.—Section 47141(f) is amended programs for more than 5 years, and has been Technology-Efficiency research, $3,350,000,000 by striking ‘‘July 15, 2016’’ and inserting in a formal application process for more than for fiscal year 2016 and $3,750,000,000 for each ‘‘September 30, 2018’’. 2 years, Federal Aviation Administration of- of fiscal years 2017 and 2018’’. (c) INSPECTOR GENERAL REPORT ON PARTICI- ficials have not yet approved such an exten- (b) OBLIGATIONAL AUTHORITY.—Section PATION IN FAA PROGRAMS BY DISADVANTAGED sion. 47104(c) is amended in the matter preceding SMALL BUSINESS CONCERNS.— (b) SENSE OF CONGRESS.—It is the Sense of paragraph (1) by striking ‘‘July 15, 2016’’ and (1) IN GENERAL.—For each of fiscal years Congress that— inserting ‘‘September 30, 2018’’. 2016 through 2018, the Inspector General of (1) it is in the public interest to make full SEC. 1002. AIR NAVIGATION FACILITIES AND the Department of Transportation shall sub- use of Federal facilities, including facilities EQUIPMENT. mit to Congress a report on the number of operated by NASA, to support aviation test- Section 48101(a) is amended by striking new small business concerns owned and con- ing and operations; paragraphs (1) through (5) and inserting the trolled by socially and economically dis- (2) Federal regulations governing the use following: advantaged individuals, including those of restricted airspace to support the activi- ‘‘(1) $2,855,241,025 for fiscal year 2016. owned by veterans, that participated in the ties described in paragraph (1) should be con- ‘‘(2) $2,862,020,524 for fiscal year 2017. programs and activities funded using the tinually reviewed to ensure that such regula- ‘‘(3) $2,901,601,229 for fiscal year 2018.’’. amounts made available under this Act. tions support such activities; and

VerDate Sep 11 2014 03:43 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.060 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2057 (3) it is imperative that updates and TITLE VII—STATE AND COMMUNITY eral Government may not provide financial changes sought by Federal agencies to sup- POLICY RECOMMENDATIONS assistance— port hazardous rocket and aviation-based Sec. 701. Sense of the Senate concerning pol- (A) to a municipality that is a debtor missions are evaluated and resolved by the icy recommendations. under chapter 9 of title 11, United States Federal Aviation Administration as expedi- SEC. 2. DEFINITIONS. Code; or tiously as possible. In this division: (B) to a municipality that is insolvent. (c) RULEMAKING.—Not later than 180 days (1) CITY.—The term ‘‘city’’ means any unit TITLE II—DESIGNATION OF ECONOMIC after the date of the enactment of this Act, of general local government that is classified FREEDOM ZONES (EFZ) the Administrator of the Federal Aviation as a municipality by the United States Cen- SEC. 201. ELIGIBILITY REQUIREMENTS FOR ECO- Administration, after considering the inter- sus Bureau, or is a town or township as de- NOMIC FREEDOM ZONE STATUS. agency and public comments received over termined jointly by the Director of the Of- (a) DESIGNATION OF MUNICIPALITIES AS ECO- the course of the review described in sub- fice of Management and Budget and the Sec- NOMIC FREEDOM ZONES.— section (a)(3), shall issue a rule regarding the retary. (1) IN GENERAL.—An eligible entity that is requested extension of restricted airspace (2) COUNTY.—The term ‘‘county’’ means a municipality may be designated by the surrounding Wallops Flight Facility. any unit of local general government that is Secretary as an Economic Freedom Zone if classified as a county by the United States the municipality— SA 3786. Mr. NELSON submitted an Census Bureau. (A) meets the requirements under section amendment intended to be proposed by (3) ELIGIBLE ENTITY.—The term ‘‘eligible 109(c) of title 11, United States Code; him to the bill H.R. 636, to amend the entity’’ means a municipality or a zip code. (B) is at risk of insolvency, as determined Internal Revenue Code of 1986 to per- (4) MUNICIPALITY.—The term ‘‘munici- under paragraph (2); manently extend increased expensing pality’’ has the meaning given that term in (C) has been subject to receivership by the limitations, and for other purposes; section 101(40) of title 11, United States Code. State within the last 3 years; which was ordered to lie on the table; (5) SECRETARY.—The term ‘‘Secretary’’ (D) has been a debtor under chapter 9 of means the Secretary of the Treasury. as follows: title 11, United States Code within the last 3 (6) ZIP CODE.—The term ‘‘zip code’’ means years; or At the end of section 2154, add the fol- any area or region associated with or cov- (E) has been subject to a financial advisory lowing: ered by a United States Postal zip code of board, emergency manager, or similar entity (d) Savings Clause.—Nothing in this sec- not less than 5 digits. that— tion may be construed as prohibiting the Ad- TITLE I—PROHIBITION OF FEDERAL (i) has arisen from the legislative or execu- ministrator from authorizing an owner of a GOVERNMENT BAILOUTS tive authority of the State; and fixed site facility to operate an aircraft, in- (ii) exercises significant financial control cluding an unmanned aircraft system, over, SEC. 101. PROHIBITION OF FEDERAL GOVERN- MENT BAILOUTS. over the finances of the entity within the under, or within a specified distance from (a) DEFINITIONS.—In this section— last 3 years. that fixed site facility. (1) the term ‘‘credit rating’’ has the mean- (2) AT RISK OF INSOLVENCY.—A munici- ing given that term in section 3(a)(60) of the pality is at risk of insolvency if— SA 3787. Mr. PAUL submitted an Securities Exchange Act of 1934 (15 U.S.C. (A) an independent actuarial firm that has amendment intended to be proposed by 78c(a)(60)); been engaged by the municipality and that him to the bill S. 2012, to provide for (2) the term ‘‘credit rating agency’’ has the does not have a conflict of interest with the the modernization of the energy policy meaning given that term in section 3(a)(61) municipality, including any previous rela- of the United States, and for other pur- of the Securities Exchange Act of 1934 (15 tionship with the municipality, as deter- poses; which was ordered to lie on the U.S.C. 78c(a)(61)); mined by the Secretary— table; as follows: (3) the term ‘‘Federal assistance’’ means (i) determines that the municipality is in- the use of any advances from the Federal Re- solvent (as defined in section 101(a)(4) of title At the appropriate place, insert the fol- serve credit facility or discount window that 11, United States Code); and lowing: is not part of a program or facility with (ii) submits its analysis regarding the in- DIVISION A—ECONOMIC FREEDOM ZONES broad-based eligibility under section 13(3)(A) solvency of the municipality to the Sec- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. of the Federal Reserve Act (12 U.S.C. retary; and (a) SHORT TITLE.—This division may be 343(3)(A)), Federal Deposit Insurance Cor- (B) the Secretary has reviewed and ap- cited as the ‘‘Economic Freedom Zones Act poration insurance, or guarantees for the proved the determination of insolvency by of 2016’’. purpose of— the actuarial firm. (b) TABLE OF CONTENTS.—The table of con- (A) making a loan to, or purchasing any in- (b) DESIGNATION OF COUNTIES, CITIES, AND tents for this division is as follows: terest or debt obligation of, a municipality; ZIP CODES AS ECONOMIC FREEDOM ZONES.— (1) IN GENERAL.—An eligible entity may be Sec. 1. Short title; table of contents. (B) purchasing the assets of a munici- Sec. 2. Definitions. pality; designated by the Secretary as an Economic (C) guaranteeing a loan or debt issuance of Freedom Zone if the eligible entity— TITLE I—PROHIBITION OF FEDERAL a municipality; or (A) is a county or city that— GOVERNMENT BAILOUTS (D) entering into an assistance arrange- (i) is located in a non-metropolitan statis- Sec. 101. Prohibition of Federal Government ment, including a grant program, with an el- tical area (as defined by the Director of the bailouts. igible entity; Office of Management and Budget); and TITLE II—DESIGNATION OF ECONOMIC (4) the term ‘‘insolvent’’ means, with re- (ii) meets the requirements under para- FREEDOM ZONES (EFZ) spect to an eligible entity, a financial condi- graph (2); or Sec. 201. Eligibility requirements for Eco- tion such that the eligible entity— (B) is a zip code that meets the require- nomic Freedom Zone Status. (A) has any debt that has been given a ments under paragraph (2). Sec. 202. Application and duration of des- credit rating lower than a ‘‘B’’ by a nation- (2) LOW ECONOMIC AND HIGH POVERTY ignation. ally recognized statistical rating organiza- AREA.— (A) IN GENERAL.—An eligible entity shall TITLE III—FEDERAL TAX INCENTIVES tion or a credit rating agency; (B) is not paying its debts as they become be eligible for designation as an Economic Sec. 301. Tax incentives related to Economic due, unless such debts are the subject of a Freedom Zone under paragraph (1) if the eli- Freedom Zones. bona fide dispute; or gible entity is designated by the Secretary TITLE IV—FEDERAL REGULATORY (C) is unable to pay its debts as they be- as a low economic or high poverty area REDUCTIONS come due; and under subparagraph (B). Sec. 401. Suspension of certain laws and reg- (5) the term ‘‘nationally recognized statis- (B) DESIGNATION AS LOW ECONOMIC AND HIGH ulations. tical rating organization’’ has the meaning POVERTY AREA.—The Secretary, after review- TITLE V—EDUCATIONAL given that term in section 3(a)(62) of the Se- ing supporting data as determined appro- ENHANCEMENTS curities Exchange Act of 1934 (15 U.S.C. priate, shall designate an eligible entity as a 78c(a)(62)). low economic or high poverty area if— Sec. 501. Educational opportunity tax credit. (b) PROHIBITION OF FEDERAL GOVERNMENT (i) the State or local government with ju- Sec. 502. School choice through portability. BAILOUTS.— risdiction over the eligible entity certifies Sec. 503. Special Economic Freedom Zone (1) PROHIBITION OF FEDERAL ASSISTANCE.— that— visas. Notwithstanding any other provision of law, (I) the eligible entity is one of pervasive Sec. 504. Economic Freedom Zone edu- no Federal assistance may be provided to an poverty, unemployment, and general dis- cational savings accounts. eligible entity (other than the assistance tress; TITLE VI—COMMUNITY ASSISTANCE provided for in this division for an area that (II) the average rate of unemployment AND REBUILDING is designated as an Economic Free Zone). within such eligible entity during the most Sec. 601. Nonapplication of Davis-Bacon. (2) PROHIBITION OF FINANCIAL ASSISTANCE TO recent 3-month period for which data is Sec. 602. Economic Freedom Zone charitable BANKRUPT OR INSOLVENT ELIGIBLE ENTITIES.— available is at least 1.5 times the national tax credit. Except as provided in paragraph (1), the Fed- unemployment rate for the period involved;

VerDate Sep 11 2014 04:56 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.061 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2058 CONGRESSIONAL RECORD — SENATE April 13, 2016 (III) during the most recent 3-month pe- poration for such taxable year exceeds ‘‘(i) such property was acquired by the tax- riod, at least 30 percent of the residents of $500,000,000. payer by purchase (as defined in section the eligible entity have incomes below the ‘‘(c) LOCATED.—For purposes of this sec- 179(d)(2)) after the date on such taxpayer national poverty level; or tion, a corporation shall be considered to be qualifies as an Economic Freedom Zone busi- (IV) at least 70 percent of the residents of located in an Economic Freedom Zone if— ness and before the date on which such tax- the eligible entity have incomes below 80 ‘‘(1) not less than 10 percent of the total payer no longer qualifies as an Economic percent of the median income of households gross income of such corporation is derived Freedom Zone business due to the lapse of 1 within the jurisdiction of the local govern- from the active conduct of a trade or busi- or more Economic Freedom Zones, ment (as determined in the same manner as ness within an Economic Freedom Zone, or ‘‘(ii) the original use of such property in under section 119(b)(2) of the Housing and ‘‘(2) at least 25 percent of the employees of the Economic Freedom Zone commences Community Development Act of 1974); and such corporation are residents of an Eco- with the taxpayer, and (ii) the Secretary determines that such a nomic Freedom Zone. ‘‘(iii) during substantially all of the tax- designation is appropriate. ‘‘(d) ALTERNATIVE MINIMUM TAX NOT TO payer’s holding period for such property, (c) REFUSAL TO GRANT STATUS.—The Sec- APPLY.—The tax imposed by section 55 shall substantially all of the use of such property retary may refuse to designate an eligible not apply to any taxpayer to whom sub- was in an Economic Freedom Zone business section (a) applies. entity as an Economic Freedom Zone if the of the taxpayer. ‘‘SEC. 1400V–3. ZERO PERCENT CAPITAL GAINS Secretary determines that any requirement ‘‘(B) SPECIAL RULE FOR BUILDINGS WHICH RATE. under this division, including any require- ARE SUBSTANTIALLY IMPROVED.— ‘‘(a) EXCLUSION.—Gross income shall not ment under subsection (a)(2), has not been ‘‘(i) IN GENERAL.—The requirements of include qualified capital gain from the sale satisfied. or exchange of— clauses (i) and (ii) of subparagraph (A) shall SEC. 202. APPLICATION AND DURATION OF DES- ‘‘(1) any Economic Freedom Zone asset be treated as met with respect to— IGNATION. held for more than 5 years, or ‘‘(I) property which is substantially im- (a) APPLICATION.—The Secretary shall de- ‘‘(2) any real property located in an Eco- proved by the taxpayer before the date on velop procedures to enable an eligible entity nomic Freedom Zone. which such taxpayer no longer qualifies as to submit to the Secretary an application for ‘‘(b) ECONOMIC FREEDOM ZONE ASSET.—For an Economic Freedom Zone business due to designation as an Economic Freedom Zone purposes of this section— the lapse of 1 or more Economic Freedom under this title. ‘‘(1) IN GENERAL.—The term ‘Economic Zones, and (b) DURATION.—The designation by the Sec- Freedom Zone asset’ means— ‘‘(II) any land on which such property is lo- retary of an eligible entity as a Economic ‘‘(A) any Economic Freedom Zone business cated. Freedom Zone shall be for a period of 10 stock, ‘‘(ii) SUBSTANTIAL IMPROVEMENT.—For pur- years. ‘‘(B) any Economic Freedom Zone partner- poses of clause (i), property shall be treated TITLE III—FEDERAL TAX INCENTIVES ship interest, and as substantially improved by the taxpayer only if, during any 24-month period begin- SEC. 301. TAX INCENTIVES RELATED TO ECO- ‘‘(C) any Economic Freedom Zone business NOMIC FREEDOM ZONES. property. ning after the date on which the taxpayer (a) IN GENERAL.—Chapter 1 of the Internal ‘‘(2) ECONOMIC FREEDOM ZONE BUSINESS qualifies as an Economic Freedom Zone busi- Revenue Code of 1986 is amended by adding STOCK.— ness additions to basis with respect to such at the end the following new subchapter: ‘‘(A) IN GENERAL.—The term ‘Economic property in the hands of the taxpayer exceed Freedom Zone business stock’ means any the greater of— ‘‘Subchapter Z—Economic Freedom Zones stock in a domestic corporation if— ‘‘(I) an amount equal to the adjusted basis ‘‘PART I—TAX INCENTIVES ‘‘(i) such stock is acquired by the taxpayer, of such property at the beginning of such 24- ‘‘PART II—DEFINITIONS before the date on which such corporation no month period in the hands of the taxpayer, ‘‘PART I—TAX INCENTIVES longer qualifies as an Economic Freedom or ‘‘Sec. 1400V–1. Economic Freedom Zone indi- Zone business due to the lapse of 1 or more ‘‘(II) $5,000. vidual flat tax. Economic Freedom Zones, at its original ‘‘(5) TREATMENT OF ECONOMIC FREEDOM ZONE ‘‘Sec. 1400V–2. Economic Freedom Zone cor- issue (directly or through an underwriter) TERMINATION.—Except as otherwise provided porate flat tax. solely in exchange for cash, in this subsection, the termination of the ‘‘Sec. 1400V–3. Zero percent capital gains ‘‘(ii) as of the time such stock was issued, designation of the Economic Freedom Zone rate. such corporation was an Economic Freedom shall be disregarded for purposes of deter- ‘‘Sec. 1400V–4. Reduced payroll taxes. Zone business (or, in the case of a new cor- mining whether any property is an Economic ‘‘Sec. 1400V–5. Increase in expensing under poration, such corporation was being orga- Freedom Zone asset. section 179. nized for purposes of being an Economic ‘‘(6) TREATMENT OF SUBSEQUENT PUR- CHASERS ETC ‘‘SEC. 1400V–1. ECONOMIC FREEDOM ZONE INDI- Freedom Zone business), and , .—The term ‘Economic Freedom VIDUAL FLAT TAX. ‘‘(iii) during substantially all of the tax- Zone asset’ includes any property which ‘‘(a) IN GENERAL.—In the case of any indi- payer’s holding period for such stock, such would be an Economic Freedom Zone asset vidual whose principal residence (within the corporation qualified as an Economic Free- but for paragraph (2)(A)(i), (3)(A), or (4)(A)(i) meaning of section 121) is located in an Eco- dom Zone business. or (ii) in the hands of the taxpayer if such nomic Freedom Zone for the taxable year, in ‘‘(B) REDEMPTIONS.—A rule similar to the property was an Economic Freedom Zone lieu of the tax imposed by section 1, there rule of section 1202(c)(3) shall apply for pur- asset in the hands of a prior holder. shall be imposed a tax equal to 5 percent of poses of this paragraph. ‘‘(7) 5-YEAR SAFE HARBOR.—If any property the taxable income of such taxpayer. For ‘‘(3) ECONOMIC FREEDOM ZONE PARTNERSHIP ceases to be an Economic Freedom Zone purposes of this title, the tax imposed by the INTEREST.—The term ‘Economic Freedom asset by reason of paragraph (2)(A)(iii), preceding sentence shall be treated as a tax Zone partnership interest’ means any capital (3)(C), or (4)(A)(iii) after the 5-year period be- imposed by section 1. or profits interest in a domestic partnership ginning on the date the taxpayer acquired ‘‘(b) JOINT RETURNS.—In the case of a joint if— such property, such property shall continue return under section 6013, subsection (a) ‘‘(A) such interest is acquired by the tax- to be treated as meeting the requirements of shall apply so long as either spouse has a payer, before the date on which such part- such paragraph; except that the amount of principal residence (within the meaning of nership no longer qualifies as an Economic gain to which subsection (a) applies on any section 121) in an Economic Freedom Zone Freedom Zone business due to the lapse of 1 sale or exchange of such property shall not for the taxable year. or more Economic Freedom Zones, from the exceed the amount which would be qualified ‘‘(c) ALTERNATIVE MINIMUM TAX NOT TO partnership solely in exchange for cash, capital gain had such property been sold on APPLY.—The tax imposed by section 55 shall ‘‘(B) as of the time such interest was ac- the date of such cessation. not apply to any taxpayer to whom sub- quired, such partnership was an Economic ‘‘(c) ECONOMIC FREEDOM ZONE BUSINESS.— section (a) applies. Freedom Zone business (or, in the case of a For purposes of this section, the term ‘Eco- ‘‘SEC. 1400V–2. ECONOMIC FREEDOM ZONE COR- new partnership, such partnership was being nomic Freedom Zone business’ means any PORATE FLAT TAX. organized for purposes of being an Economic enterprise zone business (as defined in sec- ‘‘(a) IN GENERAL.—In the case of any cor- Freedom Zone business), and tion 1397C), determined— poration located in an Economic Freedom ‘‘(C) during substantially all of the tax- ‘‘(1) after the application of section 1400(e), Zone for the taxable year, in lieu of the tax payer’s holding period for such interest, such ‘‘(2) by substituting ‘80 percent’ for ‘50 per- imposed by section 11, there shall be imposed partnership qualified as an Economic Free- cent’ in subsections (b)(2) and (c)(1) of sec- a tax equal to 5 percent of the taxable in- dom Zone business. tion 1397C, and come of such corporation. For purposes of A rule similar to the rule of paragraph (2)(B) ‘‘(3) by treating only areas that are Eco- this title, the tax imposed by the preceding shall apply for purposes of this paragraph. nomic Freedom Zones as an empowerment sentence shall be treated as a tax imposed by ‘‘(4) ECONOMIC FREEDOM ZONE BUSINESS zone or enterprise community. section 11. PROPERTY.— ‘‘(d) OTHER DEFINITIONS AND SPECIAL ‘‘(b) LIMITATION.—Subsection (a) shall not ‘‘(A) IN GENERAL.—The term ‘Economic RULES.—For purposes of this section— apply to any corporation for any taxable Freedom Zone business property’ means tan- ‘‘(1) QUALIFIED CAPITAL GAIN.—Except as year if the adjusted gross income of such cor- gible property if— otherwise provided in this subsection, the

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term ‘qualified capital gain’ means any gain ‘‘(C) LOCATION OF EMPLOYER.—For purposes ‘‘SEC. 1400V–6. ECONOMIC FREEDOM ZONE. recognized on the sale or exchange of— of this paragraph, the location of an em- ‘‘For purposes of this subchapter, the term ‘‘(A) a capital asset, or ployer shall be determined in the same man- ‘Economic Freedom Zone’ means any area ‘‘(B) property used in the trade or business ner as under section 1400V–2(c). which is an Economic Freedom Zone under (as defined in section 1231(b)). ‘‘(3) SELF-EMPLOYED INDIVIDUALS.—The rate title II of the Economic Freedom Zone Act.’’. ‘‘(2) CERTAIN GAIN NOT QUALIFIED.—The of tax under section 1401(a) shall be 8.40 per- (b) CLERICAL AMENDMENT.—The table of term ‘qualified capital gain’ shall not in- cent any taxable year in which such indi- subchapters for chapter 1 of such Code is clude any gain attributable to periods before vidual was located (determined under section amended by inserting after the item relating the date on which the a business qualifies as 1400V–2(c) as if such individual were a cor- to subchapter Y the following new item: an Economic Freedom Zone business or after poration) in an Economic Freedom Zone. ‘‘SUBCHAPTER Z—ECONOMIC FREEDOM ZONES’’. the date that is 4 years after the date on ‘‘(b) TRANSFERS OF FUNDS.—- (c) EFFECTIVE DATE.—The amendments which such business no longer qualifies as an ‘‘(1) TRANSFERS TO FEDERAL OLD-AGE AND made by this section shall apply to taxable Economic Freedom Zone business due to the SURVIVORS INSURANCE TRUST FUND.—There years beginning after the date of the enact- lapse of 1 or more Economic Freedom Zones. are hereby appropriated to the Federal Old- ment of this Act. ‘‘(3) CERTAIN GAIN NOT QUALIFIED.—The Age and Survivors Trust Fund and the Fed- TITLE IV—FEDERAL REGULATORY term ‘qualified capital gain’ shall not in- eral Disability Insurance Trust Fund estab- REDUCTIONS clude any gain which would be treated as or- lished under section 201 of the Social Secu- SEC. 401. SUSPENSION OF CERTAIN LAWS AND dinary income under section 1245 or under rity Act (42 U.S.C. 401) amounts equal to the REGULATIONS. section 1250 if section 1250 applied to all de- reduction in revenues to the Treasury by (a) ENVIRONMENTAL PROTECTION AGENCY.— preciation rather than the additional depre- reason of the application of subsection (a). For each area designated as an Economic ciation. Amounts appropriated by the preceding sen- Freedom Zone under this division, the Ad- ‘‘(4) INTANGIBLES NOT INTEGRAL PART OF tence shall be transferred from the general ministrator of the Environmental Protection ECONOMIC FREEDOM ZONE BUSINESS.—In the fund at such times and in such manner as to Agency shall not enforce, with respect to case of gain described in subsection (a)(1), replicate to the extent possible the transfers that Economic Freedom Zone, and the Eco- the term ‘qualified capital gain’ shall not in- which would have occurred to such Trust nomic Freedom Zone shall be exempt from clude any gain which is attributable to an Fund had such amendments not been en- compliance with— intangible asset which is not an integral part acted. (1) part D of the Clean Air Act (42 U.S.C. of an Economic Freedom Zone business. ‘‘(2) TRANSFERS TO SOCIAL SECURITY EQUIVA- 7501 et seq.) (including any regulations pro- ‘‘(5) RELATED PARTY TRANSACTIONS.—The LENT BENEFIT ACCOUNT.—There are hereby mulgated under that part); term ‘qualified capital gain’ shall not in- appropriated to the Social Security Equiva- (2) section 402 of the Federal Water Pollu- clude any gain attributable, directly or indi- lent Benefit Account established under sec- tion Control Act (33 U.S.C. 1342); rectly, in whole or in part, to a transaction tion 15A(a) of the Railroad Retirement Act (3) sections 139, 168, 169, 326, and 327 of title with a related person. For purposes of this of 1974 (45 U.S.C. 231n–1(a)) amounts equal to 23, United States Code; paragraph, persons are related to each other the reduction in revenues to the Treasury by (4) section 304 of title 49, United States if such persons are described in section 267(b) reason of the application of paragraphs (1) Code; and or 707(b)(1). and (2) of subsection (a). Amounts appro- (5) sections 1315 through 1320 of Public Law ‘‘(e) SALES AND EXCHANGES OF INTERESTS IN priated by the preceding sentence shall be 112–141 (126 Stat. 549). PARTNERSHIPS AND S CORPORATIONS WHICH transferred from the general fund at such (b) DEPARTMENT OF THE INTERIOR.— ARE ECONOMIC FREEDOM ZONE BUSINESSES.— times and in such manner as to replicate to (1) WILD AND SCENIC RIVERS.—For each area In the case of the sale or exchange of an in- the extent possible the transfers which designated as an Economic Freedom Zone terest in a partnership, or of stock in an S would have occurred to such Account had under this division, the Secretary of the In- corporation, which was an Economic Free- such amendments not been enacted. terior shall not enforce, with respect to that dom Zone business during substantially all ‘‘(3) COORDINATION WITH OTHER FEDERAL Economic Freedom Zone, and the Economic of the period the taxpayer held such interest LAWS.—For purposes of applying any provi- Freedom Zone shall be exempt from compli- or stock, the amount of qualified capital sion of Federal law other than the provisions ance with the Wild and Scenic Rivers Act (16 gain shall be determined without regard to— of the Internal Revenue Code of 1986, the rate U.S.C. 1271 et seq.). ‘‘(1) any gain which is attributable to an of tax in effect under section 3101(a) shall be (2) NATIONAL HERITAGE AREAS.—For the pe- intangible asset which is not an integral part determined without regard to the reduction riod beginning on the date of enactment of of an Economic Freedom Zone business, and in such rate under this section. this Act and ending on the date on which an ‘‘(2) any gain attributable to periods before ‘‘SEC. 1400V–5. INCREASE IN EXPENSING UNDER area is removed from designation as an Eco- the date on which the a business qualifies as SECTION 179. nomic Freedom Zone, any National Heritage an Economic Freedom Zone business or after ‘‘(a) IN GENERAL.—In the case of an Eco- Area located within that Economic Freedom the date that is 4 years after the date on nomic Freedom Zone business, for purposes Zone shall not be considered to be a National which such business no longer qualifies as an of section 179— Heritage Area and any applicable Federal Economic Freedom Zone business due to the ‘‘(1) the limitation under section 179(b)(1) law (including regulations) relating to that lapse of 1 or more Economic Freedom Zones. shall be increased by the lesser of— National Heritage Area shall not apply. ‘‘SEC. 1400V–4. REDUCED PAYROLL TAXES. ‘‘(A) 200 percent of the amount in effect TITLE V—EDUCATIONAL ENHANCEMENTS ‘‘(a) IN GENERAL.— under such section (determined without re- ‘‘(1) EMPLOYEES.—The rate of tax under gard to this section), or SEC. 501. EDUCATIONAL OPPORTUNITY TAX CREDIT. 3101(a) (including for purposes of deter- ‘‘(B) the cost of section 179 property which (a) IN GENERAL.—Subpart A of part IV of mining the applicable percentage under sec- is Economic Freedom Zone business property tions 3201(a) and 3211(a)(1)) shall be 4.2 per- subchapter A of chapter 1 of the Internal placed in service during the taxable year, Revenue Code of 1986 is amended by inserting cent for any remuneration received during and any period in which the individual’s prin- after section 25D the following new section: ‘‘(2) the amount taken into account under ‘‘SEC. 25E. CREDIT FOR QUALIFIED ELEMENTARY cipal residence (within the meaning of sec- section 179(b)(2) with respect to any section tion 121) is located in an Economic Freedom AND SECONDARY EDUCATION EX- 179 property which is Economic Freedom PENSES. Zone. Zone business property shall be 50 percent of ‘‘(a) IN GENERAL.—In the case of an indi- ‘‘(2) EMPLOYERS.— the cost thereof. vidual, there shall be allowed as a credit ‘‘(A) IN GENERAL.—The rate of tax under ‘‘(b) ECONOMIC FREEDOM ZONE BUSINESS against the tax imposed by this chapter for section 3111(a) (including for purposes of de- PROPERTY.—For purposes of this section, the the taxable year an amount equal to the termining the applicable percentage under term ‘Economic Freedom Zone business qualified elementary and secondary edu- sections 3221(a)) shall be 4.2 percent with re- property’ has the meaning given such term cation expenses of an eligible student. spect to remuneration paid for qualified under section 1400V–3(b)(4), except that for ‘‘(b) LIMITATION.—The amount taken into services during any period in which the em- purposes of subparagraph (A)(ii) thereof, if account under subsection (a) with respect to ployer is located in an Economic Freedom property is sold and leased back by the tax- any student for any taxable year shall not Zone. payer within 3 months after the date such exceed $5,000. ‘‘(B) QUALIFIED SERVICES.—For purposes of property was originally placed in service, ‘‘(c) DEFINITIONS.—For purposes of this sec- this section, the term ‘qualified services’ such property shall be treated as originally tion— means services performed— placed in service not earlier than the date on ‘‘(1) QUALIFIED ELEMENTARY AND SECONDARY ‘‘(i) in a trade or business of a qualified which such property is used under the lease- EDUCATION EXPENSES.—The term ‘qualified employer, or back. elementary and secondary education ex- ‘‘(ii) in the case of a qualified employer ex- ‘‘(c) RECAPTURE.—Rules similar to the penses’ has the meaning given such term empt from tax under section 501(a) of the In- rules under section 179(d)(10) shall apply with under section 530(b)(3). ternal Revenue Code of 1986, in furtherance respect to any qualified zone property which ‘‘(2) ELIGIBLE STUDENT.—The term ‘eligible of the activities related to the purpose or ceases to be used in an empowerment zone by student’ means any student who— function constituting the basis of the em- an enterprise zone business. ‘‘(A) is enrolled in, or attends, any public, ployer’s exemption under section 501 of such ‘‘PART II—DEFINITIONS private, or religious school (as defined in sec- Code. ‘‘Sec. 1400V–6. Economic Freedom Zone. tion 530(b)(3)(B)), and

VerDate Sep 11 2014 03:43 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.067 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2060 CONGRESSIONAL RECORD — SENATE April 13, 2016 ‘‘(B) whose principal residence (within the funds made available from the non-Federal more than 2 years unless the Secretary of meaning of section 123) is located in an Eco- resources for the education of pupils partici- Homeland Security has verified that the nomic Freedom Zone. pating in programs under this part, and not alien has complied with the requirements de- ‘‘(3) ECONOMIC FREEDOM ZONE.—The term to supplant such funds.’’. scribed in subsection (c). ‘Economic Freedom Zone’ means any area (b) TABLE OF CONTENTS.—The table of con- (4) EDUCATION AND SKILL REQUIREMENTS.— which is an Economic Freedom Zone under tents in section 2 of the Elementary and Sec- An alien is not in compliance with sub- title II of the Economic Freedom Zone Act.’’. ondary Education Act of 1965 is amended by section (c)(3) unless the alien possesses— (b) CLERICAL AMENDMENT.—The table of inserting after the item relating to section (A) a bachelor’s degree (or its equivalent) sections for subpart A of part IV of sub- 1127 the following: or an advanced degree; chapter A of chapter 1 of such Code is ‘‘Sec. 1128. School choice through port- (B) a degree or specialty certification amended by inserting after the item relating ability.’’. that— to section 25D the following new item: SEC. 503. SPECIAL ECONOMIC FREEDOM ZONE (i) is required for the job the alien will be ‘‘Sec. 25E. Credit for qualified elementary VISAS. performing; and and secondary education ex- (a) DEFINITIONS.—In this section: (ii) is specific to an industry or job that is penses.’’. (1) ABANDONED; DILAPIDATED.—The terms so complex or unique that it can be per- (c) EFFECTIVE DATE.—The amendments ‘‘abandoned’’ and ‘‘dilapidated’’ shall be de- formed only by an individual with the spe- made by this section shall apply to expendi- fined by the States in accordance with the cialty certification; tures made in taxable years beginning after provisions of this division. (C)(i) the knowledge required to perform the date of the enactment of this Act. (2) FULL-TIME EMPLOYMENT.—The term the duties of the job the alien will be per- SEC. 502. SCHOOL CHOICE THROUGH PORT- ‘‘full-time employment’’ means employment forming; and ABILITY. in a position that requires at least 35 hours (ii) the nature of the specific duties is so (a) IN GENERAL.—Subpart 2 of part A of of service per week at any time, regardless of specialized and complex that such knowledge title I of the Elementary and Secondary Edu- who fills the position. is usually associated with attainment of a cation Act of 1965 (20 U.S.C. 6331 et seq.) is (b) PURPOSE.—The purpose of this section bachelor’s or higher degree; or amended by adding at the end the following: is to facilitate increased investment and en- (D) a skill or talent that would benefit the ‘‘SEC. 1128. SCHOOL CHOICE THROUGH PORT- hanced human capital in Economic Freedom Economic Freedom Zone. ABILITY. Zones through the issuance of special re- (f) ADDITIONAL PROVISIONS.— ‘‘(a) AUTHORIZATION.— gional visas. (1) GEOGRAPHIC LIMITATION.—An alien who ‘‘(1) IN GENERAL.—Notwithstanding sec- (c) AUTHORIZATION.—The Secretary of has been issued a visa under this section is tions 1124, 1124A, and 1125 and any other pro- Homeland Security, in collaboration with not permitted to live or work outside of an vision of law, and to the extent permitted the Secretary of Labor, may issue Special Economic Freedom Zone. under State law, a State educational agency Economic Freedom Zone Visas, in a number (2) RESCISSION.—A visa issued under this may allocate grant funds under this subpart determined by the Governor of each State, in section shall be rescinded if the visa holder among the local educational agencies in the consultation with local officials in regions resides or works outside of an Economic State based on the formula described in designated by the Secretary of Treasury as Freedom Zone or otherwise fails to comply paragraph (2). Economic Freedom Zones, to authorize with the provisions of this section. ‘‘(2) FORMULA.—A State educational agen- qualified aliens to enter the United States (3) OTHER VISAS.—An alien who has been cy may allocate grant funds under this sub- for the purpose of— issued a visa under this section may apply part for a fiscal year among the local edu- (1) engaging in a new commercial enter- for any other visa for which the alien is eli- cational agencies in the State in proportion prise (including a limited partnership)— gible in order to pursue employment outside to the number of eligible children enrolled in (A) in which such alien has invested, or is of an Economic Freedom Zone. public schools served by the local edu- actively in the process of investing, capital (g) ADJUSTMENT OF STATUS.—The Sec- cational agency and enrolled in State-ac- in an amount not less than the amount spec- retary of Homeland Security may adjust the credited private schools within the local edu- ified in subsection (d); and status of an alien who has been issued a visa cational agency’s geographic jurisdiction, (B) which will benefit the region des- under this section to that of an alien law- for the most recent fiscal year for which sat- ignated as an Economic Freedom Zone by fully admitted for permanent residence, isfactory data are available, compared to the creating full-time employment of not fewer without numerical limitation, if the alien— number of such children in all such local than 5 United States citizens, aliens lawfully (1) has fully complied with the require- educational agencies for that fiscal year. admitted for permanent residence, or other ments set forth in this section for at least 5 ‘‘(b) ELIGIBLE CHILD.— immigrants lawfully authorized to be em- years; ‘‘(1) IN GENERAL.—In this section, the term ployed in the United States (excluding the (2) submits a completed application to the ‘eligible child’ means a child— alien and the alien’s immediate family); Secretary; and ‘‘(A) from a family with an income below (2) engaging in the purchase and renova- (3) is not inadmissible to the United States the poverty level, on the basis of the most tion of dilapidated or abandoned properties based on any of the factors set forth in sec- recent satisfactory data published by the De- or residences (as determined by State and tion 212(a) of the Immigration and Nation- partment of Commerce; and local officials) in which such alien has in- ality Act (8 U.S.C. 1182(a)). ‘‘(B) who resides in an Economic Freedom vested, or is actively in the process of invest- Zone as designated under title II of the Eco- ing, in the ownership of such properties or SEC. 504. ECONOMIC FREEDOM ZONE EDU- nomic Freedom Zones Act of 2016 . residences; or CATIONAL SAVINGS ACCOUNTS. ‘‘(2) CRITERIA OF POVERTY.—In determining (3) residing and working in an Economic (a) IN GENERAL.—Part VIII of subchapter F the families with incomes below the poverty Freedom Zone. of chapter 1 of the Internal Revenue Code of level for the purposes of paragraph (2), a (d) EFFECTIVE PERIOD.—A visa issued to an 1986 is amended by adding at the end the fol- State educational agency shall use the cri- alien under this section shall expire on the lowing new section: teria of poverty used by the Census Bureau later of— ‘‘SEC. 530A. ECONOMIC FREEDOM ZONE EDU- in compiling the most recent decennial cen- (1) the date on which the relevant Eco- CATIONAL SAVINGS ACCOUNTS. sus. nomic Freedom Zone loses such designation; ‘‘(a) IN GENERAL.—Except as provided in ‘‘(3) IDENTIFICATION OF ELIGIBLE CHIL- or this section, an Economic Freedom Zone DREN.—On an annual basis, on a date to be (2) the date that is 5 years after the date on educational savings account shall be treated determined by the State educational agency, which such visa was issued to such alien. for purposes of this title in the same manner each local educational agency that receives (e) CAPITAL AND EDUCATIONAL REQUIRE- as a Coverdell education savings account. grant funding in accordance with subsection MENTS.— ‘‘(b) DEFINITIONS.—For purposes of this sec- (a) shall inform the State educational agen- (1) NEW COMMERCIAL ENTERPRISES.—Except tion— cy of the number of eligible children enrolled as otherwise provided under this section, the ‘‘(1) ECONOMIC FREEDOM ZONE EDUCATIONAL in public schools served by the local edu- minimum amount of capital required to SAVINGS ACCOUNT.—The term ‘Economic cational agency and enrolled in State-ac- comply with subsection (c)(1)(A) shall be Freedom Zone educational savings account’ credited private schools within the local edu- $50,000. means a trust created or organized in the cational agency’s geographic jurisdiction. (2) RENOVATION OF DILAPIDATED OR ABAN- United States exclusively for the purpose of ‘‘(c) DISTRIBUTION TO SCHOOLS.—Each local DONED PROPERTIES.—An alien is not in com- paying the qualified education expenses (as educational agency that receives grant fund- pliance with subsection (c)(2) unless the defined in section 530(b)(2)) of an individual ing under subsection (a) shall distribute such alien— who is the designated beneficiary of the funds to the public schools served by the (A) purchases a dilapidated or abandoned trust (and designated as an Economic Free- local educational agency and State-accred- property in an Economic Freedom Zone; and dom Zone educational saving account at the ited private schools with the local edu- (B) not later than 18 months after such time created or organized) and who is a cational agency’s geographic jurisdiction— purchase, invests not less than $25,000 to re- qualified individual at the time such trust is ‘‘(1) based on the number of eligible chil- build, rehabilitate, or repurpose the prop- established, but only if the written gov- dren enrolled in such schools; and erty. erning instrument creating the trust meets ‘‘(2) in the manner that would, in the ab- (3) VERIFICATION.—A visa issued under sub- the following requirements: sence of such Federal funds, supplement the section (c) shall not remain in effect for ‘‘(A) No contribution will be accepted—

VerDate Sep 11 2014 03:43 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.067 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2061 ‘‘(i) unless it is in cash, Any amount allowable as a credit under this (B) restructure and renegotiate any public ‘‘(ii) after the date on which such bene- subsection shall be treated as a credit al- pension fund that is deemed to be insolvent ficiary attains age 25, or lowed under subpart A of part IV of sub- or underfunded, including adopting defined ‘‘(iii) except in the case of rollover con- chapter A for purposes of this title. contribution retirement systems. tributions, if such contribution would result ‘‘(2) AMOUNT ATTRIBUTABLE TO ECONOMIC (2) TAXES.—State and local governments in aggregate contributions for the taxable FREEDOM ZONE CHARITABLE CONTRIBUTIONS.— should reduce jurisdictional tax rates below year exceeding $10,000. For purposes of paragraph (1)— the national average in order to help facili- ‘‘(B) No contribution shall be accepted at ‘‘(A) IN GENERAL.—In any case in which the tate capital investment and economic any time in which the designated beneficiary total charitable contributions of a taxpayer growth, particularly in combination with the is not a qualified individual. for a taxable year exceed the contribution provisions of this division. ‘‘(C) The trust meets the requirements of base, the amount of Economic Freedom Zone (3) EDUCATION.—State and local govern- subparagraphs (B), (C), (D), and (E) of section charitable contributions taken into account ments should adopt school choice options to 530(b)(1). under paragraph (1) shall be the amount provide children and parents more edu- The age limitations in subparagraphs (A)(ii), which bears the same ratio to the total char- cational choices, particularly in impover- subparagraph (E) of section 530(b)(1), and itable contributions made by the taxpayer ished areas. paragraphs (5) and (6) of section 530(d), shall during such taxable year as the amount of (4) COMMUNITIES.—State and local govern- not apply to any designated beneficiary with the deduction allowed under subsection (a) ments should adopt right-to-work laws to special needs (as determined under regula- (determined without regard to this sub- allow more competitiveness and more flexi- tions prescribed by the Secretary). section and after application of subsection bility for businesses to expand. ‘‘(2) QUALIFIED INDIVIDUAL.—The term (b)) bears to the total charitable contribu- (5) REGULATIONS.—State and local govern- ‘qualified individual’ means any individual tions made by the taxpayer for such taxable ments should streamline the regulatory bur- whose principal residence (within the mean- year. den on families and businesses, including ing of section 121) is located in an Economic ‘‘(B) CARRYOVERS.—In the case of any con- streamlining the opportunities for occupa- Freedom Zone (as defined in section 1400V–6). tribution carried from a preceding taxable tional licensing. ‘‘(c) DEDUCTION FOR CONTRIBUTIONS.— year under subsection (d), such amount shall (6) ABANDONED STRUCTURES.—State and ‘‘(1) IN GENERAL.—There shall be allowed as be treated as attributable to an Economic local governments should consider the fol- a deduction under part VII of subchapter B Freedom Zone charitable contribution in the lowing options to reduce or fix areas with of this chapter an amount equal to the ag- amount that bears the same ratio to the abandoned properties or residences: gregate amount of contributions made by total amount carried from preceding taxable (A) In the case of foreclosures, tax notifica- the taxpayer to any Economic Freedom Zone years under subsection (d) as the amount of tions should be sent to both the lien holder educational savings account during the tax- Economic Freedom Zone charitable con- (if different than the homeowner) and the able year. tributions not allowed as a deduction under homeowner. ‘‘(2) LIMITATION.—The amount of the de- subsection (a) (other than by reason of this (B) Where State constitutions permit, duction allowed under paragraph (1) for any subsection) for the preceding 5 taxable year property tax abatement or credits should be taxpayer for any taxable year shall not ex- bears to total amount carried from preceding provided for individuals who purchase or in- ceed $40,000. taxable years under subsection (d). vest in abandoned or dilapidated properties. ‘‘(3) NO DEDUCTION FOR ROLLOVER CONTRIBU- ‘‘(3) ECONOMIC FREEDOM ZONE CHARITABLE (C) Non-profit or charity demolition enti- TIONS.—No deduction shall be allowed under CONTRIBUTION.—The term ‘Economic Free- ties should be permitted or encouraged to paragraph (1) for any rollover contribution dom Zone charitable contribution’ means help remove abandoned properties. described in section 530(d)(5). any contribution to a corporation, trust, or (D) Government or municipality fees and ‘‘(d) OTHER RULES.— community chest fund, or foundation de- penalties should be limited, and be propor- ‘‘(1) NO INCOME LIMIT.—In the case of an scribed in subsection (c)(2), but only if— tional to the outstanding tax amount and Economic Freedom Zone educational savings ‘‘(A) such entity is created or organized ex- the ability to pay. account, subsection (c) of section 530 shall clusively for— (E) The sale of tax liens to third parties not apply. ‘‘(i) religious purposes, should be reviewed, and where available, ‘‘(2) CHANGE IN BENEFICIARIES.—Notwith- ‘‘(ii) educational purposes, or should prohibit the selling of tax liens below standing paragraph (6) of section 530(b), a ‘‘(iii) any of the following charitable pur- a certain threshold (for example the prohibi- change in the beneficiary of an Economic poses: providing educational scholarships, tion of the sale of tax liens to third parties Freedom Zone education savings account providing shelters for homeless individuals, under $1,000). shall be treated as a distribution unless the or setting up or maintaining food banks, new beneficiary is a qualified individual.’’. ‘‘(B) the primary mission of such entity is SA 3788. Mr. INHOFE (for Mr. CASEY) (b) CLERICAL AMENDMENT.—The table of serving individuals in an Economic Freedom proposed an amendment to the bill sections for part VIII of subchapter F of Zone, H.R. 1493, to protect and preserve inter- chapter 1 of such Code is amended by adding ‘‘(C) the entity maintains accountability national cultural property at risk due at the end the following new item: to residents of such Economic Freedom Zone to political instability, armed conflict, through their representation on any gov- ‘‘Sec. 530A. Economic Freedom Zone edu- or natural or other disasters, and for cational savings accounts.’’. erning board of the entity or any advisory other purposes; as follows: TITLE VI—COMMUNITY ASSISTANCE AND board to the entity, and REBUILDING ‘‘(D) the entity is certified by the Sec- On page 19, line 16, strike ‘‘and advance’’. retary for purposes of this subsection. On page 20, line 6, insert after ‘‘research in- SEC. 601. NONAPPLICATION OF DAVIS-BACON. stitutions’’ the following: ‘‘, and participants The wage rate requirements of subchapter Such term shall not include any contribu- in the international art and cultural prop- IV of chapter 31 of title 40, United States tion made to an entity described in the pre- erty market’’. Code (commonly referred to as the ‘‘Davis- ceding sentence after the date in which the On page 20, line 8, strike ‘‘and advance’’. Bacon Act’’), shall not apply with respect to designation of the Economic Freedom Zone On page 22, line 9, insert after ‘‘2602)’’ the any area designated as an Economic Free- serviced by such entity lapses. following: ‘‘, including the requirements dom Zone under this division. ‘‘(4) ECONOMIC FREEDOM ZONE.—The term ‘Economic Freedom Zone’ means any area under subsection (a)(3) of that section’’. SEC. 602. ECONOMIC FREEDOM ZONE CHARI- On page 26, line 25, strike ‘‘and’’. TABLE TAX CREDIT. which is an Economic Freedom Zone under On page 27, between lines 4 and 5, insert (a) IN GENERAL.—Section 170 is amended by title II of the Economic Freedom Zone Act.’’. redesignating subsection (p) as subsection (q) (b) EFFECTIVE DATE.—The amendments the following: and by inserting after subsection (o) the fol- made by this section shall apply to taxable (E) actions undertaken to promote the le- lowing new subsection: years beginning after the date of the enact- gitimate commercial and non-commercial ‘‘(o) ELECTION TO TREAT CONTRIBUTIONS ment of this Act. exchange and movement of cultural prop- FOR ECONOMIC FREEDOM ZONE CHARITIES AS A TITLE VII—STATE AND COMMUNITY erty; and CREDIT.— POLICY RECOMMENDATIONS f ‘‘(1) IN GENERAL.—In the case of an indi- SEC. 701. SENSE OF THE SENATE CONCERNING AUTHORITY FOR COMMITTEES TO vidual, at the election of the taxpayer, so POLICY RECOMMENDATIONS. much of the deduction allowed under sub- It is the sense of the Senate that State and MEET section (a) (determined without regard to local governments should review and adopt COMMITTEE ON ENVIRONMENT AND PUBLIC this subsection) which is attributable to Eco- the following policy recommendations: WORKS nomic Freedom Zone charitable contribu- (1) PENSION REFORM.—State and local gov- Ms. MURKOWSKI. Mr. President, I tions— ernments should— ask unanimous consent that the Com- ‘‘(A) shall be allowed as a credit against (A) implement reforms to address any fis- the tax imposed by this chapter for the tax- cal shortfall in public pension funding, in- mittee on Environment and Public able year, and cluding utilizing accrual accounting meth- Works be authorized to meet during ‘‘(B) shall not be allowed as a deduction for ods, such as those reforms undertaken by the the session of the Senate on April 13, such taxable year under subsection (a). private sector pension funds; and 2016, at 9:30 a.m., in room SD–406 of the

VerDate Sep 11 2014 04:56 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.067 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2062 CONGRESSIONAL RECORD — SENATE April 13, 2016 Dirksen Senate Office Building, to con- The PRESIDING OFFICER. Without of the Convention on Cultural Property Imple- duct a hearing entitled, ‘‘Examining objection, it is so ordered. mentation Act (19 U.S.C. 2603) to impose import the Role of Environmental Policies on f restrictions set forth in section 307 of that Act Access to Energy and Economic Oppor- (19 U.S.C. 2606) with respect to any archae- PRIVILEGES OF THE FLOOR ological or ethnological material of Syria— tunity.’’ Mr. ROUNDS. Mr. President, I ask (1) not later than 90 days after the date of the The PRESIDING OFFICER. Without enactment of this Act; objection, it is so ordered. unanimous consent that LCDR Erik Phelps, a Navy legislative fellow in my (2) without regard to whether Syria is a State COMMITTEE ON FOREIGN RELATIONS Party (as defined in section 302 of that Act (19 Ms. MURKOWSKI. Dear Mr. Presi- office, be granted floor privileges for U.S.C. 2601)); and dent, I ask unanimous consent that the the remainder of the 114th Congress. (3) notwithstanding— Committee on Foreign Relations be au- The PRESIDING OFFICER. Without (A) the requirement of subsection (b) of sec- thorized to meet during the session of objection, it is so ordered. tion 304 of that Act (19 U.S.C. 2603(b)) that an Mr. COONS. Mr. President, I ask the Senate on April 13, 2016, at 2:15 emergency condition (as defined in subsection unanimous consent that Dan Pedraza (a) of that section) applies; and p.m., to conduct a hearing entitled ‘‘Do of my staff be granted floor privileges (B) the limitations under subsection (c) of that No Harm: Ending Sexual Abuse in for the duration of today’s session. section. United Nations Peacekeeping.’’ (b) ANNUAL DETERMINATION REGARDING CER- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without objection, it is so ordered. TIFICATION.— objection, it is so ordered. (1) DETERMINATION.— f COMMITTEE ON HOMELAND SECURITY AND (A) IN GENERAL.—The President shall, not less GOVERNMENTAL AFFAIRS PROTECT AND PRESERVE INTER- often than annually, determine whether at least Ms. MURKOWSKI. Mr. President, I NATIONAL CULTURAL PROPERTY 1 of the conditions specified in subparagraph ask unanimous consent that the Com- ACT (B) is met, and shall notify the appropriate con- gressional committees of such determination. mittee on Homeland Security and Gov- Mr. INHOFE. Mr. President, I ask (B) CONDITIONS.—The conditions referred to ernmental Affairs be authorized to unanimous consent that the Senate in subparagraph (A) are the following: meet during the session of the Senate proceed to the immediate consider- (i) The Government of Syria is incapable, at on April 13, 2016, at 9:30 a.m., to con- ation of Calendar No. 360, H.R. 1493. the time a determination under such subpara- duct a hearing entitled ‘‘America’s In- The PRESIDING OFFICER. The graph is made, of fulfilling the requirements to satiable Demand for Drugs.’’ clerk will report the bill by title. request an agreement under section 303 of the The PRESIDING OFFICER. Without The senior assistant legislative clerk Convention on Cultural Property Implementa- objection, it is so ordered. tion Act (19 U.S.C. 2602). read as follows: (ii) It would be against the United States na- COMMITTEE ON INDIAN AFFAIRS A bill (H.R. 1493) to protect and preserve tional interest to enter into such an agreement. Ms. MURKOWSKI. Mr. President, I international cultural property at risk due (2) TERMINATION OF RESTRICTIONS.— ask unanimous consent that the Com- to political instability, armed conflict, or (A) IN GENERAL.—Except as provided in sub- mittee on Indian Affairs be authorized natural or other disasters, and for other pur- paragraph (B), the import restrictions referred to meet during the session of the Sen- poses. to in subsection (a) shall terminate on the date ate on April 13, 2016, in room SD–628 of There being no objection, the Senate that is 5 years after the date on which the Presi- the Dirksen Senate Office Building, at proceeded to consider the bill, which dent determines that neither of the conditions 2:15 p.m. had been reported from the Committee specified in paragraph (1)(B) are met. The PRESIDING OFFICER. Without on Foreign Relations, with an amend- (B) REQUEST FOR TERMINATION.—If Syria re- quests to enter into an agreement with the objection, it is so ordered. ment to strike all after the enacting United States pursuant to section 303 of the COMMITTEE ON THE JUDICIARY clause and insert in lieu thereof the Convention on Cultural Property Implementa- Ms. MURKOWSKI. Mr. President, I following: tion Act (19 U.S.C. 2602) on or after the date on ask unanimous consent that the Com- SECTION 1. SHORT TITLE. which the President determines that neither of mittee on the Judiciary be authorized This Act may be cited as the ‘‘Protect and the conditions specified in paragraph (1)(B) are to meet during the session of the Sen- Preserve International Cultural Property Act’’. met, the import restrictions referred to in sub- ate on April 13, 2016, at 10 a.m., in room SEC. 2. SENSE OF CONGRESS. section (a) shall terminate on the earlier of— SD–226 of the Dirksen Senate Office It is the sense of Congress that the President (i) the date that is 3 years after the date on Building, to conduct a hearing entitled, should establish an interagency coordinating which Syria makes such a request; or committee to coordinate and advance the efforts (ii) the date on which the United States and ‘‘The Distortion of EBG–5 Targeted Syria enter into such an agreement. Employment Areas: Time to End the of the executive branch to protect and preserve international cultural property at risk from po- (c) WAIVER.— (1) IN GENERAL.—The President may waive the Abuse.’’ litical instability, armed conflict, or natural or import restrictions referred to in subsection (a) The PRESIDING OFFICER. Without other disasters. Such committee should— objection, it is so ordered. (1) be chaired by a Department of State em- for specified archaeological and ethnological JOINT CONGRESSIONAL COMMITTEE ON ployee of Assistant Secretary rank or higher, material of Syria if the President certifies to the INAUGURAL CEREMONIES concurrent with that employee’s other duties; appropriate congressional committees that the Ms. MURKOWSKI. Mr. President, I (2) include representatives of the Smithsonian conditions described in paragraph (2) are met. ask unanimous consent that the Com- Institution and Federal agencies with responsi- (2) CONDITIONS.—The conditions referred to in bility for the preservation and protection of paragraph (1) are the following: mittee on Inaugural Ceremonies be au- (A)(i) The owner or lawful custodian of the thorized to meet during the session of international cultural property; (3) consult with governmental and nongovern- specified archaeological or ethnological material the Senate on April 13, 2016, at 2:15 mental organizations, including the United of Syria has requested that such material be p.m., in room S–219 of the Capitol. States Committee of the Blue Shield, museums, temporarily located in the United States for pro- The PRESIDING OFFICER. Without educational institutions, and research institu- tection purposes; or objection, it is so ordered. tions on efforts to protect and preserve inter- (ii) if no owner or lawful custodian can rea- SUBCOMMITTEE ON SEAPOWER national cultural property; sonably be identified, the President determines Ms. MURKOWSKI. Mr. President, I (4) coordinate and advance core United States that, for purposes of protecting and preserving ask unanimous consent that the Sub- interests in— such material, the material should be tempo- rarily located in the United States. committee on Seapower of the Com- (A) protecting and preserving international cultural property; (B) Such material shall be returned to the mittee on Armed Services be author- (B) preventing and disrupting looting and ille- owner or lawful custodian when requested by ized to meet during the session of the gal trade and trafficking in international cul- such owner or lawful custodian. Senate on April 13, 2016, at 2 p.m. tural property, particularly exchanges that pro- (C) There is no credible evidence that granting The PRESIDING OFFICER. Without vide revenue to terrorist and criminal organiza- a waiver under this subsection will contribute to objection, it is so ordered. tions; illegal trafficking in archaeological or ethno- SUBCOMMITTEE ON STRATEGIC FORCES (C) protecting sites of cultural and archae- logical material of Syria or financing of criminal Ms. MURKOWSKI. Mr. President, I ological significance; and or terrorist activities. ask unanimous consent that the Sub- (D) providing for the lawful exchange of (3) ACTION.—If the President grants a waiver international cultural property. under this subsection, the specified archae- committee on Strategic Forces of the SEC. 3. EMERGENCY PROTECTION FOR SYRIAN ological or ethnological material of Syria that is Committee on Armed Services be au- CULTURAL PROPERTY. the subject of such waiver shall be placed in the thorized to meet during the session of (a) IN GENERAL.—The President shall exercise temporary custody of the United States Govern- the Senate on April 13, 2016, at 2:30 p.m. the authority of the President under section 304 ment or in the temporary custody of a cultural

VerDate Sep 11 2014 05:37 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00080 Fmt 4624 Sfmt 6333 E:\CR\FM\A13AP6.064 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2063 or educational institution within the United in the international art and cultural prop- States National Action Plan on Women, Peace, States for the purpose of protection, restoration, erty market’’. and Security, which includes a comprehensive conservation, study, or exhibition, without prof- On page 20, line 8, strike ‘‘and advance’’. set of commitments by the United States to ad- it. On page 22, line 9, insert after ‘‘2602)’’ the vance the meaningful participation of women in (4) IMMUNITY FROM SEIZURE.—Any archae- following: ‘‘, including the requirements decisionmaking relating to matters of war or ological or ethnological material that enters the under subsection (a)(3) of that section’’. peace; United States pursuant to a waiver granted On page 26, line 25, strike ‘‘and’’. Whereas the first United States National Ac- under this section shall have immunity from sei- On page 27, between lines 4 and 5, insert tion Plan on Women, Peace, and Security states zure under Public Law 89–259 (22 U.S.C. 2459). the following: that, ‘‘Deadly conflicts can be more effectively All provisions of Public Law 89–259 shall apply (E) actions undertaken to promote the le- avoided, and peace can be best forged and sus- to such material as if immunity from seizure had gitimate commercial and non-commercial tained, when women become equal partners in been granted under that Public Law. exchange and movement of cultural prop- all aspects of peace-building and conflict pre- (d) DEFINITIONS.—In this section: erty; and vention, when their lives are protected, their ex- (1) APPROPRIATE CONGRESSIONAL COMMIT- The committee-reported amendment periences considered, and their voices heard.’’; TEES.—The term ‘‘appropriate congressional in the nature of a substitute, as amend- Whereas there are 58 national action plans committees’’ means— ed, was agreed to. around the world, and there are 15 national ac- (A) the Committee on Foreign Relations and tion plans known to be in development; The amendment was ordered to be the Committee on Finance of the Senate; and Whereas at the White House Summit on Coun- (B) the Committee on Foreign Affairs and the engrossed, and the bill to be read a tering Violent Extremism in February 2015, lead- Committee on Ways and Means of the House of third time. ers from more than 60 countries, multilateral Representatives. The bill was read the third time. bodies, civil society, and private sector organiza- (2) ARCHAEOLOGICAL OR ETHNOLOGICAL MATE- The bill (H.R. 1493), as amended, was tions agreed to a comprehensive action agenda RIAL OF SYRIA.—The term ‘‘archaeological or passed. against violent extremism that— ethnological material of Syria’’ means cultural f (1) highlights the importance of the inclusion property (as defined in section 302 of the Con- of women in countering the threat of violent ex- vention on Cultural Property Implementation SUPPORTING THE GOALS OF tremism; and Act (19 U.S.C. 2601)) that is unlawfully removed INTERNATIONAL WOMEN’S DAY (2) notes that ‘‘women are partners in preven- from Syria on or after March 15, 2011. Mr. INHOFE. Mr. President, I ask tion and response, as well as agents of change’’; SEC. 4. REPORT. Whereas women remain underrepresented in Not later than 1 year after the date of the en- unanimous consent that the Senate conflict prevention and conflict resolution ef- actment of this Act, and annually thereafter for proceed to the immediate consider- forts, despite the proven success of women in the next 6 years, the President shall submit to ation of Calendar No. 401, S. Res. 388. conflict-affected regions in— the appropriate congressional committees a re- The PRESIDING OFFICER. The (1) moderating violent extremism; port on the efforts of the executive branch, dur- clerk will report the resolution by (2) countering terrorism; ing the 12-month period preceding the submis- title. (3) resolving disputes through nonviolent me- sion of the report, to protect and preserve inter- The senior assistant legislative clerk diation and negotiation; and national cultural property, including— read as follows: (4) stabilizing societies by improving access to (1) whether an interagency coordinating com- peace and security— mittee as described in section 2 has been estab- A resolution (S. Res. 388) supporting the (A) services; lished and, if such a committee has been estab- goals of International Women’s Day. (B) institutions; and lished, a description of the activities undertaken There being no objection, the Senate (C) venues for decisionmaking; by such committee, including a list of the enti- proceeded to consider the resolution, Whereas according to the United Nations, ties participating in such activities; which had been reported from the Com- peace negotiations are more likely to end in a (2) a description of measures undertaken pur- mittee on Foreign Relations, with an peace agreement when women’s groups play an suant to relevant statutes, including— amendment and an amendment to the influential role in the negotiation process; (A) actions to implement and enforce section 3 Whereas according to a study by the Inter- of this Act and section 3002 of the Emergency preamble, as follows: national Peace Institute, a peace agreement is Protection for Iraqi Cultural Antiquities Act of (Strike out all after the resolving 35 percent more likely to last at least 15 years if 2004 (Public Law 108–429; 118 Stat. 2599), includ- clause and insert the part printed in women participate in the development of the ing measures to dismantle international net- italic.) peace agreement; works that traffic illegally in cultural property; (Strike the preamble and insert the Whereas according to the Bureau of Inter- (B) a description of any requests for a waiver part printed in italic.) national Narcotics and Law Enforcement Af- under section 3(c) of this Act and, for each such Whereas, in March 2016, there are more than fairs of the Department of State, the full and request, whether a waiver was granted; 3,640,000,000 women in the world; meaningful participation of women in security (C) a list of the statutes and regulations em- Whereas women around the world— forces vastly enhances the effectiveness of the ployed in criminal, civil, and civil forfeiture ac- (1) have fundamental rights; security forces; tions to prevent illegal trade and trafficking in (2) participate in the political, social, and eco- Whereas, on August 30, 2015, the Secretary of cultural property; and nomic lives of their communities; State and the Secretary of State for Foreign and (D) actions undertaken to ensure the con- (3) play a critical role in providing and caring Commonwealth Affairs of the United Kingdom sistent and effective application of law in cases for their families; highlighted, ‘‘our goal must be to build societies relating to illegal trade and trafficking in cul- (4) contribute substantially to economic in which sexual violence is treated—legally and tural property; and growth and the prevention and resolution of by every institution of authority—as the serious (3) actions undertaken in fulfillment of inter- conflict; and and wholly intolerable crime that it is. We have national agreements on cultural property pro- (5) as farmers and caregivers, play an impor- seen global campaigns and calls to action draw tection, including the Convention for the Pro- tant role in the advancement of food security for attention to this issue and mobilize governments tection of Cultural Property in the Event of their communities; and organizations to act. But transformation re- Armed Conflict, done at The Hague May 14, Whereas the advancement of women around quires the active participation of men and 1954. the world is a foreign policy priority for the women everywhere. We must settle for nothing Mr. INHOFE. Mr. President, I further United States; less than a united world saying no to sexual vi- ask unanimous consent that the Casey Whereas, on July 28, 2015, in Mandela Hall at olence and yes to justice, fairness and peace.’’; amendment be agreed to; the com- the African Union in Addis Ababa, Ethiopia, Whereas according to the United Nations mittee-reported amendment, as amend- the President told individuals in Africa— Children’s Emergency Fund (referred to in this ed, be agreed to; the bill, as amended, (1) ‘‘if you want your country to grow and preamble as ‘‘UNICEF’’), in 2014— succeed, you have to empower your women. And (1) 700,000,000 women or girls had been mar- be read a third time and passed; and if you want to empower more women, America ried before the age of 18; and the motion to reconsider be considered will be your partner’’; and (2) 250,000,000 women or girls had been mar- made and laid upon the table, with no (2) ‘‘girls cannot go to school and grow up not ried before the age of 15; intervening action or debate. knowing how to read or write—that denies the Whereas, on October 11, 2013, the President The PRESIDING OFFICER. Without world future women engineers, future women strongly condemned the practice of child mar- objection, it is so ordered. doctors, future women business owners, future riage; The amendment (No. 3788) was agreed women presidents—that sets us all back’’; Whereas according to UNICEF— th 1 to, as follows: Whereas 2015 marked the 20 anniversary of (1) approximately ⁄4 of girls between the ages the Fourth World Conference on Women, where of 15 and 19 are victims of physical violence; (Purpose: To improve the bill) 189 countries committed to integrating gender and On page 19, line 16, strike ‘‘and advance’’. equality into each dimension of society; (2) it is estimated that 1 in 3 women around On page 20, line 6, insert after ‘‘research in- Whereas 2016 will mark the 5-year anniver- the world has experienced some form of physical stitutions’’ the following: ‘‘, and participants sary of the establishment of the first United or sexual violence;

VerDate Sep 11 2014 05:42 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00081 Fmt 4624 Sfmt 6333 E:\CR\FM\A13AP6.057 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE S2064 CONGRESSIONAL RECORD — SENATE April 13, 2016 Whereas according to the 2012 report of the national parliamentarians and 17.7 percent of The committee-reported amendment United Nations Office on Drugs and Crime enti- government ministers; in the nature of a substitute was tled the ‘‘Global Report on Trafficking in Per- Whereas according to the World Health Orga- agreed to. sons’’— nization, during the period beginning in 1990 The resolution (S. Res. 388), as (1) adult women account for between 55 and and ending in 2015, global maternal mortality 60 percent of all known trafficking victims decreased by approximately 44 percent, but ap- amended, was agreed to. worldwide; and proximately 830 women die from preventable The committee-reported amendment (2) adult women and girls account for ap- causes relating to pregnancy or childbirth each to the preamble in the nature of a sub- proximately 75 percent of all known trafficking day, and 99 percent of all maternal deaths occur stitute was agreed to. victims worldwide; in developing countries; The preamble, as amended, was Whereas women in conflict zones are subjected Whereas according to the World Health Orga- agreed to. to physical or sexual violence, including rape, nization— other forms of sexual violence, and human traf- (1) suicide is the leading cause of death for f ficking; girls between the ages of 15 and 19; and RESOLUTIONS SUBMITTED TODAY Whereas 603,000,000 women live in countries in (2) complications from pregnancy or childbirth which domestic violence is not criminalized; is the second-leading cause of death for those Mr. INHOFE. Mr. President, I ask Whereas, on August 10, 2012, the President girls; unanimous consent that the Senate announced the United States Strategy to Pre- Whereas the Office of the United Nations now proceed to the en bloc consider- vent and Respond to Gender-Based Violence High Commissioner for Refugees reports that ap- ation of the following Senate resolu- Globally, the first interagency strategy to ad- proximately 1⁄2 of— tions which were submitted earlier dress gender-based violence around the world; (1) refugees and internally displaced or state- today: S. Res. 419, S. Res. 420, S. Res. Whereas, in December 2015, the Department of less individuals are women; and State released a report on the implementation of (2) the 59,500,000 displaced individuals in the 421, S. Res. 422, S. Res. 423, and S. Res. the United States Strategy to Prevent and Re- world are women; 424. spond to Gender-Based Violence Globally that Whereas it is imperative— The PRESIDING OFFICER. The states, ‘‘Addressing GBV is intimately tied to a (1) to alleviate violence and discrimination clerk will report the resolutions by range of global efforts that address gender against women; and title. equality and women’s and girls’ empowerment, (2) to afford women every opportunity to be The senior assistant legislative clerk full and productive members of their commu- whether in peacetime or in the midst of conflict. read as follows: This includes addressing GBV as part of efforts nities; to raise the status of adolescent girls and Whereas, on October 10, 2014, Malala A resolution (S. Res. 419) congratulating through women’s economic empowerment activi- Yousafzai became the youngest ever Nobel Peace the University of North Dakota men’s hock- ties.’’; Prize laureate for her work promoting the access ey team for winning the 2016 National Colle- Whereas the ability of women and girls to re- of girls to education; and giate Athletic Association division I men’s alize their full potential is critical to the ability Whereas March 8, 2016, is recognized as Inter- hockey championship. of a country to achieve— national Women’s Day, a global day— A resolution (S. Res. 420) congratulating (1) strong and lasting economic growth; and (1) to celebrate the economic, political, and so- the 2016 national champion Augustana Vi- (2) political and social stability; cial achievements of women in the past, present, kings for their win in the 2016 National Col- Whereas according to the United Nations and future; and legiate Athletic Association Division II Educational, Scientific, and Cultural Organiza- (2) to recognize the obstacles that women face Men’s Basketball Tournament. tion, 2⁄3 of the 775,000,000 illiterate individuals in in the struggle for equal rights and opportuni- A resolution (S. Res. 421) congratulating the world are female; ties: Now, therefore, be it the University of Connecticut Women’s Bas- Whereas according to the World Bank Group, Resolved, That the Senate— ketball Team for winning the 2016 National 150,000,000 children currently enrolled in school (1) supports the goals of International Wom- Collegiate Athletic Association Division I will drop out before completing primary school, en’s Day; title. not less than 100,000,000 of whom are girls; (2) recognizes that the empowerment of women A resolution (S. Res. 422) supporting the Whereas according to the United States Agen- is inextricably linked to the potential of a coun- mission and goals of 2016 ‘‘National Crime cy for International Development, in compari- try to generate— Victims’ Rights Week,’’ which include in- son with uneducated women, educated women (A) economic growth; creasing public awareness of the rights, are— (B) sustainable democracy; and needs, concerns of, and services available to (1) less likely to marry as children; and (C) inclusive security; assist victims and survivors of crime in the (2) more likely to have healthier families; (3) recognizes and honors individuals in the United States. Whereas the goal of the United Nations Mil- United States and around the world, including A resolution (S. Res. 423) congratulating lennium Project to eliminate gender disparity in women human rights defenders and civil society the University of Minnesota Women’s Ice primary education was reached in most coun- leaders, that have worked throughout history to Hockey Team on winning the 2016 National tries by 2015, but more work remains to achieve ensure that women are guaranteed equality and Collegiate Athletic Association Women’s Ice gender equality in primary education world- basic human rights; Hockey Championship. wide; (4) reaffirms the commitment— A resolution (S. Res. 424) supporting the Whereas in September 2015 world leaders re- (A) to end discrimination and violence against goals and ideals of Take Our Daughters And dedicated themselves to ending discrimination women and girls; Sons To Work Day. against women and girls and advancing equal- (B) to ensure the safety and welfare of women ity for women worldwide; and girls; There being no objection, the Senate Whereas according to the United Nations, (C) to pursue policies that guarantee the basic proceeded to consider the resolutions women have access to fewer income earning op- human rights of women and girls worldwide; en bloc. portunities and are more likely to manage the and Mr. INHOFE. Mr. President, I ask household or engage in agricultural work than (D) to promote meaningful and significant unanimous consent that the resolu- men, making women more vulnerable to eco- participation of women in every aspect of soci- tions be agreed to, the preambles be ety and community; nomic insecurity caused by— agreed to, and the motions to recon- (1) natural disasters; or (5) supports sustainable, measurable, and (2) long term changes in weather patterns; global development that seeks to achieve gender sider be laid upon the table en bloc. Whereas according to the World Bank Group, equality and the empowerment of women; and The PRESIDING OFFICER. Without women own or partially own more than 1⁄3 of (6) encourages the people of the United States objection, it is so ordered. small- and medium-sized enterprises in devel- to observe International Women’s Day with ap- The resolutions were agreed to. oping countries, and 40 percent of the global propriate programs and activities. The preambles were agreed to. workforce is female, but female entrepreneurs Mr. INHOFE. Mr. President, I ask (The resolutions, with their pre- and employers have disproportionately less ac- unanimous consent that the com- ambles, are printed in today’s RECORD cess to capital and other financial services than mittee-reported amendment to the res- under ‘‘Submitted Resolutions.’’) men; Whereas according to the United Nations, olution be agreed to; the resolution, as f amended, be agreed to; the committee- women earn less than men globally; RESOLUTIONS AT THE DESK Whereas despite the achievements of indi- reported amendment to the preamble vidual female leaders— be agreed to; the preamble, as amend- Mr. INHOFE. Mr. President, I ask (1) women around the world remain vastly ed, be agreed to; and the motions to re- unanimous consent that the Senate underrepresented in— consider be considered made and laid now proceed to the en bloc consider- (A) high-level positions; and (B) national and local legislatures and gov- upon the table with no intervening ac- ation of the following House concur- ernments; and tion or debate. rent resolutions, which are at the desk: (2) according to the Inter-Parliamentary The PRESIDING OFFICER. Without H. Con. Res. 115, H. Con. Res. 117, and Union, women account for only 22 percent of objection, it is so ordered. H. Con. Res. 120.

VerDate Sep 11 2014 05:37 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A13AP6.059 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE April 13, 2016 CONGRESSIONAL RECORD — SENATE S2065 The PRESIDING OFFICER. The Mr. INHOFE. Mr. President, I ask approved to date, and the time for the clerk will report the concurrent resolu- unanimous consent that the concur- two leaders be reserved for their use tions by title. rent resolutions be agreed to and the later in the day; further, that following The senior assistant legislative clerk motions to reconsider be laid upon the leader remarks, the Senate resume read as follows: table en bloc. consideration of H.R. 636. A concurrent resolution (H. Con. Res. 115) The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without authorizing the use of Emancipation Hall in objection, it is so ordered. objection, it is so ordered. the Capitol Visitor Center for an event to The concurrent resolutions were celebrate the birthday of King Kamehameha f I. agreed to. A concurrent resolution (H. Con. Res. 117) f authorizing the use of the Capitol Grounds ADJOURNMENT UNTIL 9:30 A.M. for the National Peace Officers Memorial ORDERS FOR THURSDAY, APRIL TOMORROW Service and the National Honor Guard and 14, 2016 Mr. INHOFE. Mr. President, if there Pipe Band Exhibition. A concurrent resolution (H. Con. Res. 120) Mr. INHOFE. Mr. President, I ask is no further business to come before authorizing the use of the Capitol Grounds unanimous consent that when the Sen- the Senate, I ask unanimous consent for the 3rd Annual Fallen Firefighters Con- ate completes its business today, it ad- that it stand adjourned under the pre- gressional Flag Presentation Ceremony. journ until 9:30 a.m., Thursday, April vious order. There being no objection, the Senate 14; that following the prayer and There being no objection, the Senate, proceeded to consider the concurrent pledge, the morning hour be deemed at 7:30 p.m., adjourned until Thursday, resolutions en bloc. expired, the Journal of proceedings be April 14, 2016, at 9:30 a.m.

VerDate Sep 11 2014 03:43 Apr 14, 2016 Jkt 059060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\G13AP6.080 S13APPT1 rfrederick on DSK6VPTVN1PROD with SENATE