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

Vol. 162 WASHINGTON, THURSDAY, APRIL 14, 2016 No. 57 Senate The Senate met at 9:30 a.m. and was The senior assistant legislative clerk up security for international flights called to order by the President pro read as follows: coming into our airports; and by im- tempore (Mr. HATCH). Motion to proceed to Calendar No. 96, H.R. proving preparation for everything f 2028, a bill making appropriations for energy from cyber security attacks to active and water development and related agencies shooter scenarios to outbreaks of com- PRAYER for the fiscal year ending September 30, 2016, municable diseases. The Chaplain, Dr. Barry C. Black, of- and for other purposes. This legislation will also benefit con- fered the following prayer: CLOTURE MOTION sumers by requiring airlines to offer re- Let us pray. Mr. MCCONNELL. Mr. President, I funds for lost or delayed bags, by pro- Almighty and eternal God, You are send a cloture motion to the desk. viding more information on things like hidden from our sight, but we feel Your The PRESIDING OFFICER. The clo- seat availability, and by improving presence. Incline our spirits to seek ture motion having been presented travel for passengers with disabilities. You, our minds to know You, and our under rule XXII, the Chair directs the It accomplishes this without increasing hearts to love You. Forgive us when we clerk to read the motion. taxes or fees on passengers and without fail to hunger and thirst for righteous- The senior assistant legislative clerk imposing heavyhanded regulations that ness. read as follows: diminish choice for travelers. Bless our lawmakers. Join them in CLOTURE MOTION This important FAA reauthorization heart, mind, and soul to do their best We, the undersigned Senators, in accord- and airport security legislation is the for the common good. Keep them so ance with the provisions of rule XXII of the result of strong leadership by Senator dedicated to Your purposes that they Standing Rules of the Senate, do hereby move to bring to a close debate on the mo- THUNE, the chair of the Commerce will do justly, love mercy, and walk tion to proceed to Calendar No. 96, H.R. 2028, Committee, and Senator AYOTTE, the humbly with You. an act making appropriations for energy and chair of the Aviation Subcommittee, as Lord, into Your hands we commit our water development and related agencies for well as their Democratic counterparts, Nation and world. the fiscal year ending September 30, 2016, and Senators NELSON and CANTWELL. They We pray in Your marvelous Name. for other purposes. worked diligently across party lines, Amen. Thad Cochran, Bill Cassidy, Roy Blunt, listened to their colleagues’ ideas, and Mark Kirk, Thom Tillis, James f never stopped working for legislation Lankford, Cory Gardner, Orrin G. PLEDGE OF ALLEGIANCE Hatch, John Thune, Johnny Isakson, both sides could support. In the Commerce Committee, nearly The President pro tempore led the Lisa Murkowski, James M. Inhofe, Susan M. Collins, Lamar Alexander, 60 amendments were accepted from Pledge of Allegiance, as follows: Shelley Moore Capito, Mitch McCon- both sides, and the bill passed by voice I pledge allegiance to the Flag of the nell. vote. On the floor, more than a dozen United States of America, and to the Repub- Mr. MCCONNELL. Mr. President, I amendments were accepted from both lic for which it stands, one nation under God, sides, and I am optimistic that we will indivisible, with liberty and justice for all. ask unanimous consent that the man- datory quorum call be waived. soon pass it here on a bipartisan basis. f The PRESIDING OFFICER. Without I appreciate the efforts of the bill man- RECOGNITION OF THE MAJORITY objection, it is so ordered. agers to work through amendments LEADER FAA REAUTHORIZATION BILL and move the bill forward. The PRESIDING OFFICER (Mr. Mr. MCCONNELL. Mr. President, This important FAA reauthorization HELLER). The majority leader is recog- today the Senate is closer to passing and airport security legislation was bi- nized. the most comprehensive aviation secu- partisan from the start. It shows why returning to regular order is so impor- f rity reforms in years, and I hope we will do so today. This important legis- tant. It is another example of what can ENERGY AND WATER DEVELOP- lation will bolster security for trav- be achieved in this Republican-led Sen- MENT AND RELATED AGENCIES elers and look out for consumers’ inter- ate—a Senate we put back to work for APPROPRIATIONS ACT, 2016—MO- ests. the American people. TION TO PROCEED Here is how it will help improve secu- ENERGY POLICY MODERNIZATION BILL Mr. MCCONNELL. Mr. President, I rity: by improving vetting and inspec- Mr. President, thanks to an agree- move to proceed to Calendar No. 96, tions of airport employees to deter ter- ment reached last night, the Senate is H.R. 2028. rorist attacks; by expanding security now poised to pass broad, bipartisan The PRESIDING OFFICER. The measures and prescreening zones, energy legislation too. We have an clerk will report the motion. which are often vulnerable; by shoring agreement to take the Energy Policy

∑ 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 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A14AP6.000 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2068 CONGRESSIONAL RECORD — SENATE April 14, 2016 Modernization Act back up, consider year. So we are looking forward to of statements from the Republican even more amendments, and then take that. leader and the chairman of the Judici- a final vote on it. PASSING A BUDGET RESOLUTION AND FILLING ary Committee in which they said un- I was encouraged to see the Demo- THE SUPREME COURT VACANCY equivocally that it is the Senate’s duty cratic leader yesterday agreeing that Mr. President, tomorrow is April 15. to consider the President’s Supreme this is important legislation. It will Under the Congressional Budget Act, Court nominees. I have read their support more American jobs, more that is the day by which Congress is quotes on this floor endlessly. American growth, and more American supposed to have completed a budget These statements go back decades. energy independence, and we will finish resolution. The Republican leader wrote papers in our work soon. This Republican Congress will not law school demanding the Senate give Passage of this bill will represent the meet tomorrow’s deadline. We have Supreme Court nominees all due con- culmination of more than a year’s known that for some time. By all indi- sideration. Well, all due consideration worth of hard work, countless listening cations, they have no intention of is not refusing to meet with a man, not sessions and oversight hearings, nu- doing anything to pass a budget resolu- holding hearings, and not allowing a merous amendment votes and debate tion any time soon. vote. hours, and impressive reserves of deter- As the Republican leader told report- But now that he, the Republican mination from both the chair, Senator ers earlier this week, in the absence of leader, is in a position to do something MURKOWSKI, and the ranking member, a budget resolution, Republicans will about that article he wrote in law Senator CANTWELL. simply use the top-line spending num- school and the other statements that Senator MURKOWSKI and Senator bers that we agreed upon last year. have been made by the chairman of the CANTWELL never gave up. Even when Here is what he said: Judiciary Committee, he won’t give passage of this bill seemed impossible, We’re waiting to see if the House is able to Merrick Garland a hearing or a vote. they never stopped pushing for it. I do a budget. In the meantime I’ve already He won’t even meet with him, even have been impressed by their efforts announced, and I’ll announce again today though the chairman of the Judiciary just as I have been impressed with that we’re going to move to appropriations Committee met with him in secret, not what this broad bipartisan energy bill next week, probably starting with energy in his office but in the private dining can achieve for our country. and water, and we’ll mark these bills to the room downstairs, and then went out RECOGNITION OF THE MINORITY LEADER top line that we agreed to in the agreement the back door, described as stumbling The PRESIDING OFFICER. The last year. over chairs to vacate the premises. Democratic leader is recognized. As we know, just a minute ago, he So, basically, what I ask is this: ENERGY AND FAA BILLS filed cloture on the energy and water Where are all the Republican Senators Mr. REID. Mr. President, I agree bill. who came to the floor to bash Demo- with the Republican leader that the en- If this statement he made sounds fa- crats for the lack of a budget resolu- ergy bill is a good bill. As I said yester- miliar, it should, because that is what tion? They have gone silent. I am just day, it is just 3 years behind time. We we did when we were in the majority. asking: When are the Republicans have tried many times to move forward We used the top line numbers in the going to do their job? on it, but filibusters took place by the Murray-Ryan budget agreement as a Mr. President, I see no one on the Republicans, and we were unable to get basis for spending bills. Republicans floor wishing to speak, so I ask the it done. will begin that same process today as Chair to announce the business of the He is right that Senator CANTWELL the appropriations process gets under day. and Senator MURKOWSKI never gave up way with the first full committee RESERVATION OF LEADER TIME and they worked through lots of prob- markup of the year. The PRESIDING OFFICER. Under lems. I wish we could have taken care But how did Republicans react when the previous order, the leadership time of Flint in the process. That held we did the same thing? They were fall- is reserved. ing all over themselves—speech after things up for a little while but not f long, and we are still looking at ways speech—to criticize us. They had to take care of the people of Flint who charts and graphs and anything to AMERICA’S SMALL BUSINESS TAX have been really damaged by bad gov- focus on there being no budget. They RELIEF ACT OF 2015 ernment. came out endlessly to taunt us with The PRESIDING OFFICER. Under So we are glad that Flint will come over-the-top rhetoric. They shed croco- the previous order, the Senate will re- up in the near future, and we think we dile tears by the bucket. They even sume consideration of H.R. 636, which have ways of getting that done. Maybe threatened to withhold Members’ pay the clerk will report. we will see it in the appropriations as punishment. There was legislation The legislative clerk read as follows: bills that we are doing. produced to that effect, but it was all A bill (H.R. 636) to amend the Internal Rev- Energy is good, and I am glad we got for show. enue Code of 1986 to permanently extend in- it done. Now, we have allowed this to Republicans promised voters that, creased expensing limitations, and for other move forward. We have not been block- once in power, they would pass a budg- purposes. ing the bill. We agreed, even though et each and every year. That is what Pending: the bill is long overdue, and we are not the Republican leader promised in 2012, McConnell (for Thune/Nelson) amendment going to treat people the way we were saying: No. 3679, in the nature of a substitute. treated. So we are glad that is done. I don’t think the law says, ‘‘Pass a budget Thune amendment No. 3680 (to amendment On the FAA bill, I am glad we are unless it’s hard,’’ so I think there’s no ques- No. 3679), of a perfecting nature. going to get something done. As we tion that we would take up our responsi- The PRESIDING OFFICER (Mr. know, we missed an opportunity to bility. . . . We will be passing a budget. . . . ROUNDS). The senior Senator from take care of a lot of people who are des- Every year. South Dakota. perate for help. People in the State of That was the Republican pledge: Give Mr. THUNE. Mr. President, I urge my Nevada—geothermal—they need help. us the majority, and we will pass a colleagues to support the motion to Fuel cells, biomass, and other energy budget every year. end debate so the Senate can vote and initiatives were left out. By inadvert- Well, it is pretty clear that they are pass the pro-security and pro-consumer ence in the drafting of the bill, they going to break that promise. provisions within the bipartisan Fed- were left out. The Republican leader This is just the latest example of the eral Aviation Administration Reau- said he will take care of that, and I am Republicans refusing to meet their thorization Act of 2016. confident that he will. It is a longer commitments—refusing to do their For the past 2 weeks on the Senate wait for people, and it makes it dif- jobs—even according to their own floor and earlier at the Commerce ficult for people to hang on to their terms. Committee, we have engaged in a con- businesses. I know that his job is hard. It is just like the refusal to consider structive and open process to consider He has told me and he has told Leader Supreme Court nominee Merrick Gar- amendments making important PELOSI that he will get this done this land. We have years and years’ worth changes to this legislation that sets

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.003 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 14, 2016 CONGRESSIONAL RECORD — SENATE S2069 aviation policies for our country. On In the end, we need to pass this. It is The yeas and nays are mandatory the Senate floor we added 19 amend- important for the American people. It under the rule. ments, 10 from Democrats and 9 from is a piece of legislation that needs to The clerk will call the roll. Republican Senators, and at the Com- get voted on in the Senate, hopefully The senior assistant legislative clerk merce Committee we approved 57 on to the House, and eventually on the called the roll. amendments, 34 from Democrats and 23 President’s desk. Mr. CORNYN. The following Senator from Republicans. A number of these I yield the floor. is necessarily absent: the Senator from amendments were substantial, includ- The PRESIDING OFFICER. The Sen- Texas (Mr. CRUZ). Mr. DURBIN. I announce that the ing the vast majority of the aviation ator from Florida. Senator from Vermont (Mr. SANDERS) security provisions within the legisla- Mr. NELSON. Mr. President, I thank the Senator from South Dakota. He is necessarily absent. tion. The PRESIDING OFFICER (Mr. We have also agreed to set aside dis- has been a real friend and a champion RUBIO). Are there any other Senators cussions on certain issues for now so in being able to work together in the in the Chamber desiring to vote? we could continue to have a bill with best traditions of the Senate in trying to craft—and I think we have success- The yeas and nays resulted—yeas 94, broad bipartisan support. On some pol- nays 4, as follows: icy issues where there was disagree- fully—a bipartisan piece of legislation that continues, as the Senator has [Rollcall Vote No. 45 Leg.] ment, we found the will of the Senate YEAS—94 through negotiation and votes. Our de- quoted from one of the papers, to ad- bate has been constructive, and I value vance the FAA in a way that we should Alexander Flake Murray be sensitive to the needs of the flying Ayotte Franken Nelson the process by which we have allowed Baldwin Gardner public. Paul Senators to make their mark on this Barrasso Gillibrand Perdue It is also this Senator’s hope that bill. Bennet Graham Peters Blumenthal Grassley After 2 weeks of consideration, it is where we have disagreements on just a Reed few amendments, that after we have a Blunt Hatch Reid now time to conclude our work on the Booker Heinrich Risch big vote invoking cloture so we can Boozman Heitkamp bipartisan legislation I introduced Roberts move on with the bill, that a package Brown Heller along with my friend, the ranking Rounds of 30-some amendments—noncontrover- Burr Hirono member from Florida, Senator BILL Sasse sial, bipartisan—would then be allowed Cantwell Hoeven NELSON, and our Aviation Sub- Capito Inhofe Schatz to be adopted by unanimous consent, Schumer committee leaders, KELLY AYOTTE and Cardin Isakson and then it is possible that we could Carper Johnson Scott MARIA CANTWELL. move on to the final passage early this Casey Kaine Sessions The bill we can vote on today has Shaheen afternoon. That is this Senator’s hope. Cassidy King been described in the Washington Post Coats Kirk Shelby Let me underscore what the Senator as ‘‘one of the most passenger-friendly Cochran Klobuchar Stabenow has already said. There are a lot of Collins Lankford Sullivan Federal Aviation Administration reau- challenges in how we conduct ourselves Coons Leahy Tester thorization bills in a generation.’’ Corker Manchin in the airspace of this country. There Thune Even more important, this bill in- Cornyn Markey Tillis are a lot of important things that we cludes strong, new security measures Cotton McCain Toomey have to do, such as modernizing the air Crapo McCaskill that address the threat that ISIS and Udall traffic control system, the next genera- Daines McConnell Vitter Donnelly other terrorist groups pose to airline Menendez Warner tion of technology in moving us effi- Durbin Merkley passengers. It is a comprehensive bill Warren ciently, and in the process it has to be Enzi Mikulski addressing needs in cyber security, the Whitehouse safe. Ernst Moran aircraft design approval process, undue Feinstein Murkowski Wicker Therefore, as we see new kinds of Wyden regulatory burdens on noncommercial challenges because of technology—for Fischer Murphy pilots, airport infrastructure, rural air example, unmanned aerial vehicles, NAYS—4 service, lithium battery safety, mental drones—we have to approach that with Boxer Portman health screening for pilots, commu- great caution and make sure we know Lee Rubio nicable disease preparedness, drone what we are doing so the flying public NOT VOTING—2 safety, and many other important is safe. Cruz Sanders issues. This bill helps the public that I hope we get a big vote on this mo- relies on our air transportation sys- The PRESIDING OFFICER. On this tion for cloture. vote, the yeas are 94, the nays are 4. tem, and we shouldn’t let them down. I yield the floor. Three-fifths of the Senators duly cho- A vote yes on the motion to end de- CLOTURE MOTION sen and sworn having voted in the af- bate allows us to move forward and to The PRESIDING OFFICER. Pursuant firmative, the motion is agreed to. get these reforms going forward by to rule XXII, the Chair lays before the The PRESIDING OFFICER. The Sen- agreeing to ultimately vote on them Senate the pending cloture motion, ator from New Hampshire. and to vote on passage of this bill. which the clerk will state. UNANIMOUS CONSENT REQUEST—S. 627 Again, I thank all who are involved. The senior assistant legislative clerk Ms. AYOTTE. Mr. President, Amer- Senator NELSON and I started this read as follows: ica was horrified 2 years ago as the process months ago. I think we had CLOTURE MOTION scandal at the VA unfolded. We heard somewhere on the order of seven hear- We, the undersigned Senators, in accord- about veterans dying while they were ings, full committee and sub- ance with the provisions of rule XXII of the waiting for care. Meanwhile, we discov- committee, in debating and helping Standing Rules of the Senate, do hereby ered that VA employees manipulated shape the bill. It was a very construc- move to bring to a close debate on Senate amendment No. 3679. appointment wait lists to hide the fact tive process as we went through the that the VA couldn’t provide the care markup, where we incorporated the Mitch McConnell, Daniel Coats, Roger F. Wicker, Roy Blunt, Orrin G. Hatch, our veterans needed in a timely fash- suggestions and good ideas that came Thom Tillis, John Hoeven, Rob ion. from many Members of our committee. Portman, James Lankford, John The denial of earned care is always We tried to continue that process on Thune, Mike Rounds, John Cornyn, tragic, but it is inexcusable when the the floor of the Senate, and we have John Barrasso, Johnny Isakson, James denial is driven by bureaucratic tam- been successful in adding some amend- M. Inhofe, Jerry Moran, Kelly Ayotte. pering and falsifications. Cooking the ments that strengthen the bill. I wish The PRESIDING OFFICER. By unan- books was one bureaucratic offense, we could add more. I hope we can still imous consent, the mandatory quorum but not holding accountable those re- reach agreement. There are still nego- call has been waived. sponsible is an additional bureaucratic tiations underway for another package The question is, Is it the sense of the failure, and one that continues to of 25 or 30 amendments that we would Senate that debate on amendment No. haunt our system. like to get added to this bill if we can 3679, offered by the Senator from Ken- These weren’t just a few scattered in- get the level of cooperation that is nec- tucky, Mr. MCCONNELL, to H.R. 636, cidents either. The VA inspector gen- essary to accomplish that. shall be brought to a close? eral investigated 73 VA facilities across

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.005 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2070 CONGRESSIONAL RECORD — SENATE April 14, 2016 the country and found problems in 51 of ment of Veterans Affairs by requiring stitute amendment, as amended, be them, ranging from rule violations to the VA Secretary to claw back bonuses agreed to; the bill, as amended, be read outright fraud. These reports dem- paid to VA employees who were in- a third time and passed; the title onstrate that inappropriate scheduling volved in serious misconduct or felo- amendment be agreed to; and that the practices were systematic at the VA. nies. It would also require the VA to motions to reconsider be considered This map shows how widespread the retain a copy of any reprimand or ad- made and laid upon the table. wait-list rule violations and manipula- monishment given to an employee by The PRESIDING OFFICER. Is there tions have been. The inspector gen- the Department which would then be in objection? eral’s office found out how our veterans that employee’s permanent record. Mr. CARDIN. Mr. President, reserv- were treated when they called up look- Keeping that information in someone’s ing the right to object, I agree with ing for care. The information the VA employment record seems like common much of what the Senator from New gave was manipulated to make it seem sense, but we have to pass this bill in Hampshire said, and that is that our as though the VA was doing much bet- order to do that. Amazingly, the Sec- veterans deserve to have the highest ter than it was. We literally know that retary of the VA doesn’t currently quality care by the Veterans Adminis- veterans died while waiting for care. have the authority to claw back bo- tration. Those employees at the Vet- That is shameful, and we owe it to nuses even if, as with the wait list, the erans Administration who have not those who served this Nation to serve perpetrator’s misconduct led to a big- carried out their responsibility should them. They earned this by defending us ger bonus check. That is unacceptable. be disciplined, and when there are ad- and our freedoms. We cannot reward those who commit verse findings, there should be con- Unfortunately, one of those 51 cases fraud and misconduct by doling out sequences to them. So I agree with was the VA medical center in my home taxpayer dollars. much of what she has said. State of New Hampshire. A recent report noted that in 2014 the However, let us be mindful that the A New Hampshire newspaper summa- VA paid out $140 million in bonuses. overwhelming number of Federal work- rizes the inspector general’s report as Nearly half of the VA’s employees got ers, including those at the Veterans follows: bonuses. More importantly, we know Administration, are hard-working pub- Staff at the Manchester VA Medical Center that individuals who were implicated lic servants, asked to do more with less manipulated appointment dates and refused in an array of scandals also received resources. They have been through to schedule referrals beyond 14 days in some bonuses. For example, the director of freezes, furloughs, government shut- speciality departments, all to make it ap- the Phoenix VA hospital who was fired downs, sequestration—you name it. pear patients were being seen quickly. for her misconduct got a $9,000 bonus. I understand that the Veterans’ Af- One report also shows that top officials at The VA senior managers who improp- fairs Committee is considering more the Manchester VA discouraged the use of erly leveraged their positions to get comprehensive legislation, as they electronic waiting lists. Another shows extremely long waits at the hundreds of thousands of dollars in re- should. As my colleague from New facility’s Pain Clinic, where one patient location funds to move to new facili- Hampshire has mentioned, this deals waited an average of seven to eight months ties, along with a bump in pay—even with one aspect of those who have ad- for injection treatments. though they were committing mis- verse findings in regard to their ability The reports show a near obsession with representations and fraud—got bo- to get bonuses or the reprimand on keeping numbers down when it comes to the nuses. A VA employee who recently their record. length of time that veterans had to wait for pleaded the Fifth Amendment before a Here is my problem. If we use a unan- appointments, which is one of the ways bo- congressional committee got a bonus. imous consent request, there is no op- nuses for hospital officials were determined. Executives overseeing the $1 billion- portunity for amendment, and there is Bonuses were determined by how you over-budget VA medical center con- no opportunity for debate. When I fin- performed on the scheduling and struction project in Colorado got bo- ish my comments, I am going to ask whether you were actually meeting the nuses. A doctor implicated in overpre- that the Senator amend her unanimous needs of our veterans on time. Yet we scribing opioids at the Tomah VA facil- consent request to include an amend- know they were manipulating wait ity called ‘‘Candy Land,’’ where vet- ment that I wish to offer. Let me ex- lists across the country to show that erans were harmed—bonus. plain what it does. they were, in fact, serving our veterans We can’t let these bonuses keep going Yes, we want to hold the employee when they were not. to wrongdoers. It will just continue the accountable—those who have not car- Last week I met with the current erosion of trust of our veterans, who ried out the public trust in which there Manchester VA medical center director have done so much to defend this Na- are adverse findings. But there also has to discuss the findings of the inspector tion and our freedom. That is why we to be accountability for the super- general’s report. Even though it didn’t need to pass this bill. The VA Sec- visors, for those who should be man- occur under her leadership, these find- retary must be active in pursuing the aging the agency so that we don’t have ings are serious and must be dealt with disciplinary actions against VA em- employees doing what they did. appropriately. While I was encouraged ployees guilty of misconduct so they Managers need to have tools. They to hear of the steps the director has aren’t getting bonuses and taking away need to be able to manage their em- taken to address the scheduling mis- resources that could go to help our vet- ployees. They need to be able to deter- conduct, I will be closely following the erans. Without my legislation, the VA mine how their employees are handled medical center’s practices and perform- Secretary does not have the authority if we are going to hold them account- ance. right now to go after a bonus, even if able, and I want to hold the supervisors We cannot let this happen again. the bonus is given to a wrongdoer, to accountable. So my amendment would Part of not letting it happen again is claw that money back. allow the supervisor to determine the what brings me to the floor today. I This bill passed out of committee by length of the suspension of the bonus will make sure we aren’t incentivizing a voice vote. The records retention pro- that the individual could receive. misconduct and allowing wrongdoers to visions in this bill passed out of the The PRESIDING OFFICER. If I could get away with it, whether it is the House of Representatives by voice vote. just ask Members to take their con- wait-list manipulations or misconduct. Let’s put this authority into law so versations out of the Senate Chamber. Unfortunately, the wait-list scandal that those who break the law don’t get Mr. CARDIN. I appreciate that, and I isn’t the only scandal at the VA. There bonuses. That is why I am standing on thank the Presiding Officer very much. is a common theme with all these scan- the floor today asking for unanimous I thought I was getting an agreement dals: Those committing misconduct are consent to pass this legislation. here. getting bonuses—yes, bonuses. Those Mr. President, I ask unanimous con- So to continue, it could be longer involved in wrongdoing are getting sent that the Senate proceed to the im- than the 5 years that is in the bill of checks paid by the American taxpayer. mediate consideration of Calendar No. the Senator from New Hampshire, but That is unacceptable, and that is why I 240, S. 627. I further ask that the it would be the manager or supervisor introduced bipartisan legislation to Ayotte and Brown amendments be who would determine the length of the improve accountability at the Depart- agreed to; the committee-reported sub- suspension of the right to receive the

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.009 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 14, 2016 CONGRESSIONAL RECORD — SENATE S2071 bonus, so that the manager has the good work on our behalf. I have had a that we actually have to pass a law to tools in order to manage the workforce chance to meet many of them. say that if you got a bonus and you and we can hold the supervisor ac- I want to address the point of the committed misconduct—in fact, one of countable. Senator from Maryland about giving the reasons you got the bonus is be- The second amendment is similar, as managers authority. I wish to point cause of the misconduct, because you it relates to the reprimand being re- out that the problem we have here is manipulated the wait list—yes, you tained in the records. It allows the that this is rampant—absolutely ramp- can give that money back, and you manager to have the discretion as to ant. If we look at what happened with shouldn’t be receiving a bonus. It is the length of time. the director of the Phoenix VA who kind of shocking that this isn’t just The bill that the Senator from New lost her job—fired for misconduct— common sense. But right now the VA Hampshire is recommending is a hard where literally wait lists were manipu- Secretary does not have this authority. 5-year period, and it doesn’t give the lated and veterans died, she got a $9,000 Our veterans deserve better. This is manager the ability to use these tools bonus. So who are we going to leave plain common sense. I am disappointed as ways to advance service to our vet- discretion to here? Many of the man- that the modification that was sought erans. agers, I know, need to manage the fa- on the floor would weaken this com- The bottom line here is service to our cilities, which is important. But when monsense bill. I am going to continue veterans. That is the bottom line—that it comes to the bonus issue, we lit- to fight for more accountability in our they get the services they deserve. erally would be putting, for example in VA. But let’s have some common sense So I ask unanimous consent that the the Phoenix situation, the individual in all of this. We shouldn’t be reward- Senator modify her request so that the who gets fired for overseeing all of this ing our employees who are committing Senate proceed to the immediate con- in charge of whether and how long misconduct for the very conduct that sideration of Calendar No. 240, S. 627; other people’s bonuses are clawed back. they are committing and that unfortu- that in lieu of the committee-reported I would also say that this has been nately is harming our veterans who substitute and title amendments, that rampant, unfortunately, about man- have done so much for this Nation. the Cardin substitute amendment, agement, and not just of the director of I am the granddaughter of a World which is at the desk, be agreed to; that the Phoenix VA but the other examples War II veteran. My husband is an Iraq the bill, as amended, be read a third I gave, including the VA senior man- veteran. I have had the privilege in my time and passed; that the Cardin title agers who improperly leveraged their job of meeting so many of our veterans, amendment be agreed to; and that the positions to get hundreds of thousands both current Active-Duty military and of dollars in relocation funds. So, in motions to reconsider be considered those who have served in conflicts other words, they were misappro- made and laid upon the table, with no going back to World War II. There is no priating taxpayer dollars. They got bo- intervening action or debate. greater example of patriotism and nuses too. They are managers. That would carry out the modifica- what makes our country great than our We have executives overseeing the tions that I said, giving the manager veterans. Really, if we think about huge cost overrun in the Colorado VA what has happened in our VA and how the ability to impose either a shorter who got bonuses. We have many exam- or longer period of time than the bill of shameful it is, this is something that ples. If we put this at the discretion of we need to make sure we get right once the Senator from New Hampshire. how long this is going to go in place in- The PRESIDING OFFICER. Does the and for all for those who have defended stead of putting a logical time period this Nation and who really show us Senator from New Hampshire so mod- in place, which my bill does, then we ify her request? what it means to be an American. are going to keep perpetuating the So I am going to continue to fight for Ms. AYOTTE. No, I do not. same situation where the discretion The PRESIDING OFFICER. Is there such a commonsense piece of legisla- makes it so it doesn’t happen. That tion, but I hope my colleagues will join objection to the original request? worries me, because, unfortunately, we Mr. CARDIN. I object. me in this so that we can make sure have a pattern here that needs to be The PRESIDING OFFICER. Objec- that the VA performs its mission, addressed. tion is heard. which is to give our veterans the best Second, I would just say that, as we care they can receive and that they The Senator from New Hampshire. look at even the ability to retain Ms. AYOTTE. Mr. President, I cer- certainly have earned defending our records, most employers do have stand- tainly thank the Senator from Mary- great Nation. ard recordkeeping in terms of if you re- Thank you, Mr. President. land. I agree, and I believe there are ceive a reprimand or an admonishment Mr. CARDIN. Mr. President, I appre- many hard-working Federal employees. and how long that is retained. So if we ciate the hard work Senator AYOTTE The reason that I have been fighting just leave that completely loosey-goos- has put into her bill and her willing- for this bill in particular is, No. 1, to ey discretion among managers, where ness to work across the aisle with the make sure that those who commit mis- we have already established some of ranking member of the Veterans Af- conduct are held accountable. No. 2, I them have been part of this mis- fairs Committee, Senator BLUMENTHAL, actually want to make sure that we conduct, then I fear there really will be and Senator BROWN. Since I objected to aren’t sending the wrong message to no accountability and these provisions her unanimous consent request and she the people who are working hard and will not have the teeth in them that objected to my counteroffer, I would doing their jobs. When they see some- they should. like to take a few moments to outline one else who has committed mis- Let me just say that this bill that we my concerns about her bill and explain conduct by literally manipulating wait have been working on, that did pass why I offered a complete substitute lists get a bonus, that actually demor- out of committee, is something that I amendment that reflects those con- alizes the good, hard-working employ- have been working on and negotiating cerns and an amendment to change the ees who are doing their jobs and serv- for months, working and taking peo- title. ing veterans. ple’s concerns into account. It does en- At the outset, I want to make it So this is about making sure that the sure that, before any employee is sub- clear that I do not condone malfea- people who actually do a good job get ject to having the bonus clawed back, sance by any Federal executive or em- recognized. But when you give a bonus they do have the opportunity for due ployee. The well-documented problems to someone who has committed mis- process. So that is built into this to at the Veterans Administration, VA, conduct, you not only obviously under- challenge the underlying claims made are particularly troubling because they mine our system—thinking about the against them. But if we put this all harmed the men and women who have veterans who have served our Nation into a discretionary basis, then we are defended our Nation—and their fami- with so much courage and done so just going to be in the same situation lies. That is unacceptable. much for us—not only do we corrode that we are right now and not have the There is an old proverb, ‘‘You can fix their trust, but I think we corrode the teeth that we need in this common- the blame or you can fix the problem.’’ trust of the workforce that is doing sense measure. Actually, VA Secretary Robert McDon- really great work every day, and I I talked to some of my constituents ald, his leadership team, and the VA want to thank those who are doing the about this issue, and they can’t believe rank-and-file are doing both.

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.010 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2072 CONGRESSIONAL RECORD — SENATE April 14, 2016 To that end, I would encourage my ted and may have harmful unintended Section 1 of S. 627 as reported and as colleagues to read the December 9, 2015, consequences. further modified by the Ayotte amend- testimony of Sloan D. Gibson, Deputy Third the bill has two major compo- ment prohibits the Secretary from Secretary of the Department of Vet- nents. The first deals with bonuses; the awarding bonuses for 5 years to any erans Affairs, before the House Com- second deals with employees’ personnel employee who is the subject of an ‘‘ad- mittee on Veterans’ Affairs. records and reprimands and admonish- verse finding.’’ My substitute amend- In the context of patient access and ments. The second component was ment changes that provision to give scheduling data manipulation concerns added at mark-up and was not a sub- the Secretary discretion to withhold that came to light at the Phoenix VA ject considered when the Veterans Af- future bonuses ‘‘until such date as the Medical Center, Deputy Secretary Gib- fairs Committee held its hearing on bo- Secretary considers appropriate.’’ son reported that, as of October 2015, nuses on May 13, 2015. The Republican Now, my language theoretically em- VA completed 97 percent of appoint- leader talks about the need to restore powers the Secretary to withhold bo- ments within 30 days of the clinically regular order. There ought to be a nuses for more than 5 years. The point indicated or veteran’s preferred date; 91 hearing regarding the second compo- here is to provide the Secretary with percent within 14 days; 87 percent with- nent. And fairness dictates that a wit- the flexibility needed to manage, dis- in 7 days; and 24 percent on the same ness from a Federal employee union, cipline, and incentivize 340,000 people day. VA’s average wait time for com- such as the American Federation of in an appropriate fashion. I wonder if pleted primary care appointments is 4 Government Employees, which rep- there is any Senator who has managed resents many VA workers, should be days; specialty care is 5 days; and men- a workforce as large as the VA’s and, if invited to testify. tal health care is 3 days. so, would have preferred surrendering As Senators BLUMENTHAL, MURRAY, The Veterans Benefits Administra- his or her discretion to make personnel SANDERS, BROWN, TESTER, and HIRONO tion, VBA, completed 1.4 million stated in their Minority Views in Sen- decisions as he or she thought nec- claims in fiscal year 2015, nearly 67,000 ate Report 114–148: essary. more than the previous year and the Section 1 of S. 627 as reported and Besides the substantive issues with the highest completion rate in VA history. provision that we have identified, section 2 further modified by the Ayotte amend- Fiscal year 2015 marked the 6th year in of S. 627 was derived from S. 1496, a bill that ment of the bill states in part that: a row of more than 1 million claims. has not been considered in a legislative hear- The Secretary may base an adverse finding VBA reduced its claims backlog 88 ing. For a significant and controversial pro- . . . on an investigation by, determination percent from a peak of 610,000 in March vision like section 2 of S. 627, the Committee of, or information provided by the Inspector 2013 to a historic low of 75,122 and re- should have held a legislative hearing to give General of the Department or another senior duced inventory 58 percent from a peak all Members the opportunity to hear from ethics official of the Department or the of 884,000 in July 2012 to 369,328, 28 per- witnesses and fully understand the con- Comptroller General of the United sequences of this provision. cent lower than fiscal year 2014. States . . . The average number of days a vet- I am not objecting simply to object. I believe the Secretary must base an eran is waiting for a claims decision, I would like to work with the junior adverse finding on an independent de- pending, is 91 days, a 191-day reduction Senator from New Hampshire to see if termination. As I have stated, I fully from a peak of 282 days in March 2013 we can find common ground, and that support increasing accountability at and the lowest average number of days is why I sent a substitute amendment the VA—and that includes making sure pending in the 21st century. VBA’s av- and title change amendment, which that a VA employee does not receive a erage days to complete is now 129 needs to be done separately, to the bonus while engaging in misconduct. days—a 60-day reduction from fiscal desk, and asked her to modify her con- Senator AYOTTE’s bill, however, does year 2014. So VA is improving its serv- sent request to reflect these two not require the Secretary to base an ices to veterans. That is fixing the amendments. adverse finding on the determination of Let me explain exactly what I am problem. an independent decisionmaker. My proposing. The unanimous consent that Now, what about VA supervisors and amendment would cure this defect and has been hot-lined consists of three ele- employees who engaged in misbehavior set appropriate limits by requiring the ments. The first is S. 627 as reported. or wrongdoing? There is a popular mis- Secretary to base an adverse finding on The second is an Ayotte amendment conception that you can’t get rid of an independent determination. By modifying provisions of that bill deal- Federal workers. In fact, in fiscal year doing so, it would ensure that bonus ing with bonuses. The third is a Brown bans are not arbitrary. 2015, 2,348 VA employees were removed, amendment modifying provisions of terminated during probation, or retired Section 1 of S. 627 as reported and that bill dealing with reprimands and further modified by the Ayotte amend- or resigned with a removal action admonishments. ment requires the Secretary to recoup pending. Over 1,800 of these individ- What I have done is to combine all bonuses paid to employees if they are uals—or more than 75 percent—were three elements into a single substitute fired. To be clear, these numbers per- and modify it to restore to the Sec- subsequently subject to an adverse tain to the entire Department for all retary some managerial discretion, finding with respect to the years dur- infractions and are not limited to the which I feel is essential for someone ing which the bonuses were awarded. wait list problem. charged with running a department the Furthermore, section 1 requires VA It is a mistake just to focus on those size of a Fortune Six company. employees to certify that they will numbers. As Secretary McDonald and As reported, the title of the bill is repay any bonus received during a year Deputy Secretary Gibson wrote in the ‘‘To require the Secretary of Veterans in which an adverse finding may subse- January 21, 2016, Wall Street Journal, Affairs to revoke bonuses paid to em- quently be made. ‘‘You can’t fire your way to excel- ployees involved in electronic wait list These provisions raise many unan- lence.’’ But the point here is that pun- manipulations, and for other pur- swered questions, including how such ishments have been and are being poses’’. actions would be treated with respect meted out; people have had their ca- While the wait list problem may have to determining Federal and State tax reers ended. That is fixing the blame. spawned this bill, that title is inac- liabilities. But I have left these provi- I will briefly outline my concerns curate. The bill has no such limitations sions unchanged. with S. 627, even as reported and as it implied by that title; it applies Depart- Section 1 of S. 627 as reported and would be modified by the Ayotte and ment-wide for any offense. further modified by the Ayotte amend- Brown amendments. So I propose a simple amendment ment states that ‘‘The Secretary may First, the bill deprives the Secretary changing the title to read: ‘‘To amend promulgate such rules as the Secretary of the discretionary authority needed title 38, United States Code, to author- considers appropriate to carry out this to manage and discipline the VA work- ize the Secretary of Veterans Affairs to section.’’ force appropriately. recoup inappropriate bonuses paid to or Considering the unprecedented na- Second, the bill establishes new on behalf of employees of the Depart- ture of the sanctions in section 1, I be- precedents for punishing Federal work- ment of Veterans Affairs, and for other lieve it is imperative that the Sec- ers that haven’t been thoroughly vet- purposes.’’ retary engage in a formal rulemaking

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A14AP6.002 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 14, 2016 CONGRESSIONAL RECORD — SENATE S2073 to allow all interested parties the op- agers from removing these documents as a literally been provided to the Islamic portunity to weigh in with their con- ‘‘term of settlement.’’ Both of these tools are State terrorist group. cerns and suggestions. frequently used by VA managers to ‘‘resolve While we can and will disagree on the S. 627 is characterized as a legislative complaints before they go into costly and proper size and scope of the Federal high-risk’’ litigation. These tools also allow response to a specific management cri- VA managers to promote good performance Government, I would hope we can all sis at the VA. Yet it sets several new of employees ‘‘because they are usually con- agree that we want the ‘‘best and precedents and penalties that will be ditioned upon no further misconduct of the brightest’’ to perform critical missions applied in a much broader context. As type that initially led to the reprimand or such as providing our veterans with the such, I believe it would be appropriate admonishment.’’ care they have earned so valiantly. to sunset the bill after 3 years to en- Given all of these problems with sec- This is especially true with regard to courage Congress to revisit whether it tion 2, even as it has been significantly the senior executives entrusted with is an appropriate legislative remedy to improved by the amendment offered by managing large workforces and multi- the ‘‘wait list’’ problem at the VA and the senior Senator from Ohio, I come billion dollar budgets. whether the bill is causing any adverse back to the basic proposition that the Depriving or diminishing due process unintended consequences. Secretary must have sufficient discre- rights at the VA already has caused the My original proposal to the junior tion when it comes to managing the number of applicants over the past 3 Senator from New Hampshire included VA workforce. My amendment gives years for both title 5 SES positions and two sunset provisions, for section 1 and the Secretary that discretion by allow- title 38 equivalent positions to decline for section 2, which I will discuss mo- ing, not mandating, that reprimands significantly. mentarily. Senator AYOTTE objected to and/or admonishments may be retained With respect to VA title 5 SES posi- the sunset provisions, so I have re- for 5 years. Note that this still rep- tions, in fiscal year 2013, there were moved them from my substitute resents a significant departure from 8,721 applicants. In fiscal year 2014, amendment at the desk. current practices government-wide. that number dropped to 6,908. In fiscal Section 2 of S. 627 as reported and And, as I mentioned a moment ago, I year 2015, it dropped even further to further modified by the Brown amend- originally proposed sunsetting section 6,317. ment requires the Secretary to retain 2 after 3 years, but I removed that pro- With respect to VA title 38 SES reprimands and/or admonishments in vision from the current version of the equivalent employees, in fiscal year the personnel records of affected em- substitute amendment. 2013, there were 1,020 applicants. In fis- ployees for a minimum of 5 years. I sincerely believe these changes are cal year 2014, that number dropped to While this is a significant improve- reasonable and improve S. 627, and I 432. In fiscal year 2015, it dropped even ment over the original provision, which hope the junior Senator from New further to 228. was to retain such actions perma- Hampshire will ultimately agree. One might argue that these declines nently, it is still problematic. To reiterate, no one condones what represent the ‘‘winnowing out’’ of un- First, as I mentioned previously, this happened at the VA. But it is impor- qualified or underqualified applicants. provision was added after the Veterans tant to acknowledge that account- I would argue it is just as likely, if Affairs Committee conducted its hear- ability is being restored and the mis- not more so, that these declines rep- ing and, consequently, hasn’t been suf- creants are being punished. resent the winnowing out of highly ficiently considered. As Secretary McDonald and Deputy qualified applicants who could have Furthermore, Active-Duty personnel Secretary Gibson wrote in the Wall helped to restore greater account- can request that reprimands be re- Street Journal: ability and better service at the VA, moved from their military personnel You can’t fire your way to excellence. You but were discouraged from applying be- records jackets, MPRJs, at any time, have to inspire the people you keep to do cause the deck is being stacked against and reprimands can only remain in the better, and you have to recruit and inspire them. new talent. You can’t do either by capri- MPRJ for a maximum of 3 years. We all want our veterans to receive ciously punishing people on the basis of un- the best care possible. So I reiterate One in three VA employees is a vet- substantiated rumors, complaints or media eran. Should someone have fewer reports . . . Neither we nor anyone else can my sincere desire to work with the jun- rights to clear his or her personnel accomplish the VA’s mission of caring for ior Senator from New Hampshire. As I record as a civilian than he or she had veterans by depriving VA employees of basic said at the outset of my remarks, I ap- while serving on Active Duty? fairness. To do right by veterans, we must do preciate the hard work Senator AYOTTE Section 2 of the bill is unlikely to in- right by VA employees. We will do right by has put into her bill and her willing- crease accountability at the VA. How- both, whatever the consequences. ness to work across the aisle with the ever well intentioned the provision I am privileged to represent 130,000 ranking member of the Veterans’ Af- may be, it is much more likely to cause civilian federal workers, including fairs Committee, Senator BLUMENTHAL, significant increases in taxpayer-fund- members of the Senior Executive Serv- and Senator BROWN. ed litigation costs because the VA will ice, SES; other senior managers; and Rather than simply leaving the mat- no longer be able to resolve routine rank-and-file employees who work in ter here, I would note that the Depart- personnel disputes through Clear Maryland. Tens of thousands more live ment of Veterans Affairs has identified Record Settlement Agreements, CRAs. in Maryland or live and work in Mary- several Senate bills that provide the The Merit Systems Protection Board, land. Nearly 20 percent of these indi- agency with the authority and tools it MSPB, reported in 2013 that 95 percent viduals have already served our Nation needs to address what the VA calls of agency representatives resolved dis- in uniform. Overwhelmingly, these in- ‘‘breakthrough priorities’’ such as: im- putes using Negotiated Settlement dividuals are hard-working, dedicated, proving the veterans’ experience; im- Agreements, NSAs, and 89 percent of and patriotic Americans who perform proving access to health care; improv- these agreements involved CRAs. critical missions under difficult cir- ing community care; developing a sim- Quoting again from the Minority cumstances. In the last 5 years, civil- plified appeals process; and reducing Views I referred to previously: ian Federal workers have ‘‘contrib- homelessness among veterans. In testimony before the House Committee uted’’ $182 billion to deficit reduction. As I understand it, there is an effort of Veterans’ Affairs, VA noted that it is the They have endured a 3-year pay freeze. underway in the Veterans’ Affairs standard practice across the Federal govern- They lost $1 billion in pay due to fur- Committee to develop comprehensive ment, including the Department of Defense, loughs related to sequestration. They legislation that helps the VA to meet for letters of reprimand and/or admonish- have been forced during government these priorities while also addressing ment to be retained on a time-limited basis. shutdowns to stay home against their accountability and internal staffing According to VA, making letters of rep- will or to work without being paid on issues. I think it makes sense to work rimand or admonishment permanent would time. And they have been victimized by on a comprehensive reform and ac- prevent VA managers from ‘‘settling work- place grievances with employees with terms data breaches that have compromised countability package bill rather than that would limit the amount of time these their most sensitive personal informa- trying to pass individual bills in a documents remain in the employee’s perma- tion—some of which the Washington piecemeal fashion, and I look forward nent record,’’ and it would restrict VA man- Post reported on January 31, 2016, has to working with the junior Senator

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\A14AP6.003 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2074 CONGRESSIONAL RECORD — SENATE April 14, 2016 from New Hampshire and every other cargo plane is flying over the same Everyone in the plane says: Oh, no. Senator concerned about our veterans homes as the passenger jet. How does it We are going to be late. They get out to accomplish this objective in the make sense to say one can be on duty their cell phones and they call their weeks and months ahead. up to 16 hours and the other cannot, es- loved ones, but we know the pilots Ms. AYOTTE. I suggest the absence pecially when the National Transpor- know what they are talking about. We of a quorum. tation Safety Board has said pilot fa- trust them. I trust them so much I The PRESIDING OFFICER. The tigue is one of the biggest problems we wrote with then-Senator Smith the clerk will call the roll. are facing today. guns-in-the-cockpit law for pilots. The The legislative clerk proceeded to Now one might ask: Can you prove NRA thinks I am the worst of the call the roll. that it is a problem? Yes, I am going to worst, but I said I trust pilots. They Mrs. BOXER. Mr. President, I ask prove it to you. I am going to show a should have a chance if there is a ter- unanimous consent that the order for graphic of a conversation that took rorist on board. I trust them. Why the quorum call be rescinded. place between two cargo pilots, the doesn’t this administration trust The PRESIDING OFFICER. Without pilot and copilot. This was 2013, and them? Because of special interests that objection, it is so ordered. they were over Alabama. These are ex- make billions a year—billions. Mrs. BOXER. Mr. President, just a cerpts from the grave. This is dra- It is going to cost us a tiny bit more, little while ago there was an over- matic. It isn’t me trying to persuade and it is a tiny bit more. What price whelming vote to proceed with the the Presiding Officer. These are the pi- would we put on our kids? There is FAA bill, the Federal Aviation Admin- lots. none, for goodness’ sake. If it cost a istration bill, a very important bill. I Pilot 1: I mean I don’t get that. You know few cents more to ship a package so a know how hard the managers have it should be one level of safety for every- pilot doesn’t have to fly 16 hours, isn’t worked on it—the chairman, the rank- body. Pilot 2: It makes no sense at all. that the right thing to do? ing member—and I have a tremendous Pilot 1: No it doesn’t at all. I will close with a quote from Sully amount of respect for them. I voted no. Pilot 2: And to be honest, it should be Sullenberger. I think we all remember Only four of us voted no. It is rare that across the board. To be honest in my opinion Sully. Before we show that, let’s re- I do that, and I felt it was important to whether you are flying passengers or cargo mind people who he is. We have an- explain why. . . . if you’re flying this time of day . . . the other chart that shows him. Sully We have in our Nation an amazing you know fatigue is definitely. . . . Sullenberger was the ‘‘Hero of the Hud- Pilot 1: Yeah . . . yeah . . . yeah. . . . system of transportation, and we al- Pilot 2: When my alarm went off I mean son.’’ We remember how he landed his ways have to stay on top of it to make I’m thinkin’, I’m so tired. plane in the Hudson River, how he it safer and safer. There is one thing we Pilot 2: I know. saved all the passengers on that plane know without a doubt. We know it in- Look what happened to that plane and his crew. He is so famous now, he tuitively, but we also know it because within hours of that conversation. goes all over the world. the National Transportation Safety Look what happened to that plane. He came to the press conference I had Board has told us that the No. 1 prob- This shows what happened, and the pi- with Senator KLOBUCHAR, because she lem they face in terms of safety is fa- lots are dead. and I are working on this amendment tigue. After the flight recorder was released as well as Senator CANTWELL. His We all know how it is. All of us, re- and this conversation was out, I words were inspiring because he did not gardless of what we do for a living, thought for sure this administration kid around. He said: ‘‘Fatigue is a kill- know how it feels when we are utterly would do the right thing. They did the er.’’ Fatigue is a killer. exhausted. We are not making the wrong thing, and the Senate did the You don’t have to say any more. If same decisions we would make. We wrong thing. This isn’t partisan. you know fatigue is a killer, then don’t can’t carry them out the way we other- We have the Obama administration, say passenger pilots can fly 9 hours but wise would. It is not rocket science. It which I agree with, and today I heard cargo pilots can fly 16. Here is what is sleep science. We know about it be- some amazing news on jobs. I am just Sullenberger said when we first intro- cause the experts have told us, and the saying on this they haven’t been right. duced our legislation, the Safe Skies NTSB has told us. There ought to be no disparity between Act: ‘‘You wouldn’t want your surgeon I will show a picture of two planes. a pilot who is flying a passenger jet operating on you after only five hours They look exactly alike. As our kids and a pilot who is flying a cargo jet. sleep, or your passenger pilot flying say, one of these things is not like the The pilots are telling us this. The pi- the airplane after only five hours sleep, other. Here is a cargo plane and pas- lots who are telling us this are not self- and you certainly wouldn’t want a senger jet. They are the same size. ish. In fact, many of them are the pi- cargo pilot flying a large plane over They fly over the same skies. They lots of passenger jets such as South- your house at 3 a.m. on five hours sleep have pilots whom we trust, whom we west Airlines—8,000 of them. There are trying to find the airport and land.’’ count on. 8,000 of them supporting the Boxer-Klo- Sully said at the press conference Today, because of special interest buchar amendment. that had he been suffering from fatigue pressure, there is a different set of rest I can’t get a vote. That is why I voted on that fateful day that he safely land- rules. The passenger plane pilot can no along with three other colleagues ed that plane in the waters of the Hud- only fly up to 9 hours a day because— who had their reasons. This was my son River, if he was suffering from fa- rightly so, with all of that responsi- reason. How do we do a bill like this tigue, he said he never could have done bility—that pilot has to get rest. The and not address the No. 1 safety issue it. cargo plane pilot flies the same exact facing us? I don’t get it. So I can’t get a vote on my amend- plane. That pilot can be on duty up to If you don’t believe me, fair enough, ment. It is so simple, even a 6-year-old 16 hours a day before he or she is guar- because I am not a pilot. I admit it. I can understand it. You don’t have dis- anteed adequate rest. just trust pilots. What is your choice? parity when you have the same respon- I know the Presiding Officer has You walk on a plane, the pilot is in sibility. You are traveling in the same worked very hard in recent months, charge of the aircraft, and you know skies, and a cargo plane can crash into and I know the energy it took to go out that pilot wants to land safely. You a house or another plane carrying pas- and do what he did. I know what it was know that pilot wants to go home to sengers. like when I was running for the Senate his or her family. You know that pilot I am so disappointed in this adminis- so many times—thank you, Cali- has your best interests at heart. Some- tration that they have not done the fornia—with almost 40 million people times I am in a rush, and I get on a right thing on this. I am so dis- in the State, how hard it was, how plane and the pilot says: You know appointed in the U.S. Senate that they much rest was needed to be sharp so we what. We are not going to take off blocked a vote on this because the spe- could think. In our work if we make a right now because I know there is cial interests don’t want to charge 2 or mistake, it only hurts us, but when a something wrong in one of the mon- 3 or 4 cents more on their packages. If pilot makes a mistake, it can hurt a itors here. It could be nothing, but I it is to save lives of our people, this is much larger community because the put safety first. what I call a classic no-brainer.

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A14AP6.004 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 14, 2016 CONGRESSIONAL RECORD — SENATE S2075 So I am here today to explain my Mr. GARDNER. Mr. President, I rise These airports connect cities like vote to my constituents—why I voted today in support of the Federal Avia- Denver, CO, to Durango, Colorado no for an FAA bill that otherwise is a tion Administration Reauthorization Springs, Pueblo, and smaller cities; good bill. But I want just to make a Act, to talk about the importance of rural communities like the city I live statement that it is ridiculous not to passing this legislation for Colorado in, Lamar and Yuma; and to the rest of give me an up-or-down vote. They tied and, indeed, the Nation. I commend the country. They help businesses it to other issues that are poison pills: Chairman THUNE, our colleague from reach beyond the borders of our State. immigration issues, gun issues. Come South Dakota, Ranking Member NEL- Maintaining our airport infrastructure on. This is the biggest problem—fa- SON, Senator AYOTTE, and Senator then becomes one of the most critical tigue. CANTWELL for their work in crafting functions we can perform. Can’t we just get an up-or-down vote this very important piece of legisla- Communities in Colorado and across on it? I am going to try to do that at tion. the country continue to push their air- every chance I get. Now I am working It is an economic driver, certainly a port infrastructure improvements, bet- on a modified amendment to see if we national security issue, and a number terments, to help realize the full poten- can get it into a package. I don’t know of issues that we are able to address in tial, the economic potential, to access whether we can or not. But I want to this legislation of great importance to that airspace and the access that air- say to the pilots out there who may be Colorado and the country. Our Nation’s space indeed brings. That is why I am listening to this debate: A lot of us airspace is clearly one of the most im- glad to talk about this legislation and here have your backs. portant economic drivers that we have. the many achievements we were able We are not going to forget about this It is important in the movement of to accomplish and the provisions I was issue just because the FAA bill is mov- passengers and cargo, along with the able to secure and include in the bill to ing forward. We are not going to forget many other users of airspace, whether help improve that airport infrastruc- about you. We are not going to forget it be for agriculture or unmanned aer- ture, including improvements to the about what it means when you are fa- ial systems. Airport Improvement Program, or AIP, tigued. We are not going to forget The economic importance of aviation and a study with recommendations on about the two pilots who, through the in Colorado cannot be stated enough upgrading and improving the Nation’s recorder, told us before they crashed when it comes to tourism. In 2014 airport infrastructure. that they were exhausted. They ad- alone, 71.3 million visitors came to Col- Additionally, I am pleased that this dressed the issue of the disparity. We orado, with $18.6 billion in economic bill includes language that I pushed to are going to be fighting on this. impact for the State, according to the help allow improvements to Pena Bou- If we can’t get it done here, maybe Colorado Tourism Office. That tourism levard, the prime access road to con- some brave soul in the House will do it, results in well over 100,000 jobs necting Denver International Airport and it will wind up in the bill. If we throughout the State of Colorado. with the rest of Colorado. If you have can’t get it done legislatively, we are Many of those 71 million tourists been to Denver International Airport going to try to get it done through the came through Denver International and you have driven to downtown Den- FAA regular order of their rules. Where Airport, the nation’s fifth busiest and ver, you have driven on Pena Boule- is the FAA on this? I want to say: FAA, largest commercial airport. In 2014 vard. you turned your back on too many alone, more than 50 million people This bill will address the needs, the safety measures that the NTSB, which passed through Denver International infrastructure, and the improvements is in charge of our safety, has rec- Airport, a State with a population of that are needed to make sure that ommended. about 5.5 million—50 million people Pena Boulevard remains an efficient, It took years to get some simple passing through the fifth busiest air- safe roadway to the Nation’s fifth busi- things done. So while we are working port, with some of these passengers est airport. It will allow DIA the flexi- to get a modified amendment—which is continuing on to one of Colorado’s ad- bility it needs and the clarity to ensure not going to be the be-all and the end- ditional 13 commercial airports or 60 the primary access road that Pena all; it just moves us a little bit for- general aviation airports. Boulevard represents is capable of han- ward—I just want to send a message The economic impact that airports dling the traffic that comes with in- that it is rare that I vote no—one of and aviation have throughout the creased use of the airport. four. It does not happen often. State is absolutely incredible. When The bill also includes language that I view this as a moral issue. I view you take in the multiplier effect, near- builds on a successful pilot program for this as a moral issue for those pilots ly 300,000 jobs are a result of aviation virtual towers and ensures that those that are on duty up to 16 hours straight in Colorado—a payroll of about $12.6 towers will be eligible for AIP funding, in the middle of the night, where, as billion in Colorado, with the multiplier Airport Improvement Program fund- Sully Sullenberger said, their circadian effect, for an economic output of about ing, once certified by the FAA. rhythms are off, and they are not at $36.7 billion. It is important because these virtual the top of their game. They are flying In fact, there is one airport, which is towers, such as the one at the Fort Col- over the airspace of the American peo- the premier business airport of the lins-Loveland airport area, will allow ple. United States, Centennial Airport in small- and medium-sized airports to I thank the presiding officer so much Colorado, surrounded by 23 different offer commercial service in an eco- for his attention. I live to fight another business parks, with about 6,000 dif- nomically viable and sustainable way. day, another hour, another minute on ferent businesses surrounding this air- Northern Colorado really is the gate- this. port in those 23 different business way to Colorado’s energy hub, the I want the pilots to know and the fly- parks. This airport, those 6,000 busi- gateway to Colorado’s biotech, bio- ing public to know and everyone to nesses, and the 23 business parks science, and engineering research uni- know they should engage in this issue. around the airport account for nearly versity hub. By allowing this virtual There is no disparity between people 27 percent of Colorado’s total gross do- tower in northern Colorado at the Fort who do the same work. mestic product. Collins-Loveland airport, we can help I yield the floor. Think about that. One airport, one expand the opportunity to reach that I suggest the absence of a quorum. business airport, and the businesses area for businesses that wish to locate The PRESIDING OFFICER. The that surround it account for nearly 27 there, for customers who wish to fly clerk will call the roll. percent of Colorado’s economy. So into the area, and also for those busi- The legislative clerk proceeded to whether it is skiing or snowboarding or nesses that are already there to ex- call the roll. visiting one of our great national pand, to have further reach around the Mr. GARDNER. Mr. President, I ask parks, enjoying the outdoors, hiking, country and the world. unanimous consent that the order for camping, fishing, or visiting one of our Another central responsibility of the the quorum call be rescinded. world-class cities, it is not easily FAA is to ensure that the airspace is The PRESIDING OFFICER. Without achievable without well-run, main- being safely managed while allowing objection, it is so ordered. tained, and secured airspace. the industries that are dependent on

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.013 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2076 CONGRESSIONAL RECORD — SENATE April 14, 2016 aviation to thrive. I think this legisla- by any means. He was put in line with that those amendments could get tion, after months and months of work, a 747, a 757, and a 767. That is nonsense. cleared. But we have some other really does strike that appropriate bal- It doesn’t make any sense, and we were amendments of Members who would ance. I was proud to support amend- able to address those certification like to get votes. ments during consideration of the bill challenges in this bill. Madam President, I ask unanimous that I believe will help ensure that the A couple of years ago I requested the consent that the following amend- Transportation Security Administra- inspector general at the FAA to look ments be called up and reported by tion, law enforcement agencies, and se- at what was happening in the Rocky number: Sessions No. 3591; Paul No. curity personnel have the resources Mountain regional facility in Denver. 3693, as modified; and Rubio No. 3722; they need to provide for the safety of They pointed to a number of challenges further, that there be 45 minutes of de- the traveling public. that region had in terms of its manage- bate concurrently on the amendments, I believe more could and should be ment, in terms of its process, and in equally divided between the two lead- done, however. That is why I filed on certification in other areas. We were ers or their designees, and that fol- the floor an amendment to the bill able to include the suggestions and the lowing the use or yielding back of which will improve TSA’s operations at changes that the inspector general’s re- time, the Senate vote in relation to the our airports by creating a testing loca- port identified in this legislation in the amendments in the order listed with a tion to help TSA and airports to work FAA today. 60-affirmative-vote threshold required hand in hand to develop future screen- Finally, the legislation, of course, for adoption of the amendments, and ing technologies and passenger screen- makes key strides in the future of our that no second-degree amendments be ing methods to ensure we are able to aviation industry by addressing un- in order prior to the votes. keep passengers and airports safe. manned aerial systems. We have a The PRESIDING OFFICER. Is there If you look at the needs that we have number of great areas in Colorado objection? at airports, there is the combination of where we can test and where we can Mrs. BOXER. Madam President, re- coming into an airport and checking in certify, and, of course, the need is serving the right to object. at an airport gate or kiosk. Most peo- great—from agriculture to our ski re- The PRESIDING OFFICER. The Sen- ple use their iPhone or their sorts to wildfires. Think about what we ator from California. smartphone to have their digital print- can accomplish in the future with un- Mrs. BOXER. Madam President, I so out of a ticket. They don’t even go to manned aerial assistance. admire the managers of this bill. I real- a kiosk anymore; they just go straight I thank the leadership. I thank Sen- ly do. As a former chairman and rank- to the security line. But as we have ator THUNE, our colleague from South ing member now, I know how hard this seen, we need to have an increase in se- Dakota for the leadership he provided. is, but this is not a balanced request. curity from curb to gate. I thank the Presiding Officer for the I would just say that I have spoken It is not just a security concern work the Presiding Officer has done to on the safety of pilot fatigue so many where people may be gathering around make this legislation a success. times. I won’t reiterate that here. I feel the screening or people may be getting With that, I urge support for the leg- strongly that I want a vote. I know in and out of cars or lining up at the islation. I conclude my remarks on the others on our side do as well. I don’t desk; it is an overall curb-to-gate secu- FAA bill asking Members to support think this is balanced. So, sadly, I ob- rity approach that we need. That is the bill. ject. what my amendment will accomplish. I yield back the remainder of my The PRESIDING OFFICER. Objec- So I look forward to continuing to time. tion is heard. The PRESIDING OFFICER (Mrs. The Senator from Florida. work with Senator THUNE and the Mr. NELSON. Madam President, in FISCHER). The Senator from South Da- Commerce Committee on a path for- the same spirit of the chairman of the ward for this amendment because it is kota. Mr. THUNE. Madam President, I committee, I ask unanimous consent critically important that we address that the following amendments be additional security measures to pre- compliment the Senator from Colorado for his active participation in shaping called up and reported by number: vent violence like the recent terrorist Boxer No. 3489 and Markey No. 3467; attack in Brussels from happening and this bill. Obviously, he is a very active member of our Commerce Committee further, that there be 45 minutes of de- occurring at our airports. bate to run concurrently on the amend- To remind people, the attack in Brus- and cares deeply and passionately ments, equally divided in the usual sels did not happen on an airplane; it about these issues. He was very in- form; and that following the use or happened outside where passengers volved in the issues that he addressed yielding back of time, the Senate vote were gathering. So if we can address in his remarks and that were incor- in relation to the amendments in the this curb-to-gate security, alleviate the porated into this. They were simply order listed, with a 60-affirmative-vote slowdowns and the spots that make it and purely a credit to his persistence threshold required for adoption of the more difficult for efficiency at the air- and hard work. They do make this bill amendments; and that no second-de- port to get through security—this much stronger. I appreciate his good gree amendments be in order prior to amendment can help do that—we can work making that possible. I wish to say again what I had men- the votes. avoid danger to the public from those The PRESIDING OFFICER. Is there tioned earlier today, and that is, as who wish to do our people harm. objection? The bill includes important certifi- Senator NELSON and I put this bill to- Mr. THUNE. Madam President, re- cation reforms that will improve the gether, it was done in regular order. We serving the right to object. processing of new aircraft designs and had on the order of seven hearings—ei- The PRESIDING OFFICER. The Sen- modifications at the FAA. This is im- ther subcommittee or full committee— ator from South Dakota. portant because we had an agricultural where we took testimony and tried to Mr. THUNE. I would simply say that aviator, a crop duster, in Colorado who assemble the best ideas. We worked to- we have worked to try to get the was trying to get his plane certified. gether with members of the com- amendment from the Senator from This is a spray plane. He was trying to mittee, including the Presiding Officer, California a vote. We have tried to get get this plane certified, but what he in shaping a bill that we brought to a the other amendment referenced by the found out was that, first, the FAA was markup—getting it to the markup and Senator from Florida, Senator MAR- taking a very, very long time to certify through the markup. We adopted 57 KEY’s amendment, a vote. But we have his crop duster, to give him the permis- amendments—34 Democratic amend- Members on our side who also want sion to use this plane to spray crops. ments and 23 Republican amend- votes, and the other side is objecting to After they said they found his appli- ments—before it came to the floor. those votes. So I object. cation, he ended up in a queue, a line After coming to the floor last week, we The PRESIDING OFFICER. Objec- behind United Airlines, behind Fron- have had 19 amendments that have tion is heard. tier Airlines. So, basically, this crop been added. We have another 30 or The Senator from Florida. duster in southeastern Colorado had a thereabouts that have been cleared, if Mr. RUBIO. Madam President, as you very small plane, not a passenger plane we could get objections withdrawn so may have heard a moment ago, one of

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.014 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 14, 2016 CONGRESSIONAL RECORD — SENATE S2077 the amendments that is being objected two great aunts came to Florida, got ap- government when they immigrated 20 years to from our end is an amendment that proved for benefits, opened bank accounts ago, help that enabled him to find work as a I have filed, and I will describe it brief- and returned to Cuba. Month after month, landscaper, learn English and complete his ly. the woman cashed their government medical studies. Now medical director of Cit- checks—about $2,400 each time—sending half rus Health Network in Hialeah, Fernandez I wish to first describe the issue I am to the women in Cuba and keeping the rest. sees Cuban immigrants collecting benefits trying to address. When a welfare agency questioned the el- and going back, including three elderly pa- Madam President, I ask unanimous derly ladies whereabouts this summer, the tients who recently left the U.S. for good. consent to have printed in the RECORD woman turned to Ybarra, a Cuban American. ‘‘They got Medicaid, they got everything, an article entitled ‘‘U.S. welfare flows She told Ybarra her grandmother refused to and they returned to Cuba,’’ he said. ‘‘I see to Cuba’’ from October 1, 2015. come back, saying: ‘‘With the money you people that said they were refugees [from] There being no objection, the mate- sent me, I bought a home and am really Cuba and they return the next year.’’ State officials have received complaints rial was ordered to be printed in the happy in Cuba.’’ Cubans on the island, Ybarra said, have a about Cubans collecting aid while repeatedly RECORD, as follows: name for U.S. aid. going to Cuba or working as mules ferrying [From the Sun Sentinel, Oct. 1, 2015] They call it ‘‘la ayuda.’’ The help. cash and goods, a common way of financing U.S. WELFARE FLOWS TO CUBA SPECIAL STATUS ABUSED travel to the island. (By Sally Kestin, Megan O’Matz and John Increasing openness and travel between the Another way of paying for the trips: cheat- Maines with Tracey Eaton in Cuba) two countries have made the welfare entitle- ing. Like other welfare recipients, some Cu- bans work under the table or put assets in THEY’RE TAKING BENEFITS FROM THE AMERICAN ment harder to justify and easier to abuse. But few charges have been brought, and Con- others’ names to appear poor enough to meet TAXPAYER TO SUBSIDIZE THEIR LIFE IN AN- the programs’ income limits, according to OTHER COUNTRY gress and the Obama Administration have failed to address the problem even as the records and interviews. Some married cou- Cuban immigrants are cashing in on U.S. United States moves toward de´tente with ples qualify for more money as single people welfare and returning to the island, making Cuba. by concealing marriages performed in Cuba, a mockery of the decades-old premise that Cubans’ extraordinary access to U.S. wel- where the U.S. can’t access records. they are refugees fleeing persecution at fare rests on two pillars of special treatment: ‘‘Stop the fraud please!’’ one person urged home. the ease with which they are admitted to the in a complaint to the state. Another pleaded Some stay for months at a time—and the country, and America’s generosity in grant- with authorities to check airport departure U.S. government keeps paying. ing them public support. records for a woman suspected of hiding in- Cubans’ unique access to food stamps, dis- Cubans are allowed into the U.S. even if come. ‘‘It would show how many times she ability money and other welfare is meant to they arrive without permission and are has traveled to Cuba.’’ help them build new lives in America. Yet quickly granted permanent residency under Florida officials typically dismissed the these days, it’s helping some finance their the 1966 Cuban Adjustment Act. They’re as- complaints for lack of information, because lives on the communist island. sumed to be refugees without having to names didn’t match their records or because America’s open-ended generosity has prove persecution. the allegations didn’t involve violations of grown into an entitlement that exceeds $680 They’re immediately eligible for welfare, eligibility rules. Travel abroad is not ex- million a year and is exploited with ease. No food stamps, Medicaid and Supplemental Se- pressly prohibited, but benefits are supposed agency tracks the scope of the abuse, but a curity Income or SSI, cash assistance for im- to be used for basic necessities within the Sun Sentinel investigation found evidence poverished seniors and disabled younger peo- U.S. suggesting it is widespread. ple. ‘‘Our congressional folks should be looking Fed-up Floridians are reporting their Most other immigrants are barred from at this,’’ said Miami-Dade County Commis- neighbors and relatives for accepting govern- collecting aid for their first five years. Those sioner Esteban Bovo Jr., a Cuban American. ment aid while shuttling back and forth to here illegally are not eligible at all. ‘‘There could be millions and millions of dol- the island, selling goods in Cuba, and leaving The Sun Sentinel analyzed state and fed- lars in fraud going on here.’’ their benefit cards in the U.S. for others to eral data to determine the annual cost of MONEY TO CUBA use while they are away. taxpayer support for Cuban immigrants: at Accessing benefits from Cuba typically re- Some don’t come back at all. The U.S. has least $680 million. In Florida alone, costs for quires a U.S. bank account and a willing rel- continued to deposit welfare checks for as welfare, food stamps and refugee cash have ative or friend stateside. Food stamps and long as two years after the recipients moved increased 23 percent from 2011 through 2014. welfare are issued monthly through a debit- back to Cuba for good, federal officials con- Not all Cubans receive government help. type card, and SSI payments are deposited firmed. Those arriving on visas are ineligible, and into a bank account or onto a MasterCard. Regulations prohibit welfare recipients some rely on family support. And many who A joint account holder with a PIN number from collecting or using U.S. benefits in an- receive aid do so for just a short time until can withdraw the money and wire it to Cuba. other country. But on the streets of Hialeah, they settle in, as the U.S. intended. Cubans Another option: entrust the money to a the first stop for many new arrivals, shop- over time have become one of the most suc- friend traveling to Cuba. keepers like Miguel Veloso hear about it all cessful immigrant groups in America. Roberto Pizano of Tampa, a political pris- the time. ‘‘They come to the U.S. to work and make oner in Cuba for 18 years, said he worked two Veloso, a barber who has been in the U.S. a living for their family,’’ said Jose Alvarez, jobs when he arrived in the U.S. in 1979 and three years, said recent immigrants on wel- a Cuba native and city commissioner in Kis- never accepted government help. He now sees fare talk of spending considerable time in simmee. ‘‘I don’t believe that they come immigrants ‘‘abusing the system.’’ Cuba—six months there, two months here. thinking the government will support ‘‘I know people who come to the U.S., ‘‘You come and go before benefits expire,’’ he them.’’ apply for SSI and never worked in the USA,’’ said. But some take advantage of the easy he said. They ‘‘move back to Cuba and are State Rep. Manny Diaz Jr. of Hialeah hears money—and then go back and forth to Cuba. living off of the hard-earned taxpayer dol- it too, from constituents in his heavily A public housing tenant in Hialeah, who lars.’’ Cuban-American district, who tell of flaunt- was receiving food stamps and SSI payments He said family friend Gilberto Reyno got ing their aid money on visits to the island. for a disabled son, frequently traveled to disability money from the U.S. and ren- The money, he said ‘‘is definitely not to be Cuba to sell food there, records show. She ad- ovated a house in Cuba. The Sun Sentinel used . . . to go have a great old time back in mitted to a city housing investigator in 2012 found Reyna living in that house in the country that was supposed to be oppress- that she ‘‘makes $700 in two months just in Camaguey, Cuba. He said he was no longer ing you.’’ the sales to Cuba.’’ receiving disability, but Pizano and another The sense of entitlement is so ingrained Another man receiving food stamps admit- person familiar with the situation said the that Cubans routinely complained to their ted to state officials ‘‘that he was living in payments continue to be deposited into a local congressman about the challenge of ac- Cuba much of 2015.’’ U.S. bank account. The Social Security Ad- cessing U.S. aid—from Cuba. A recent arrival with a chronic illness got ministration would not comment, citing pri- ‘‘A family member would come into our of- Medicaid coverage and turned to attorney vacy concerns, but is investigating. fice and say another family member isn’t re- David Batchelder of Miami to help him get Federal investigators have found the same ceiving his benefits,’’ said Javier Correoso, SSI as well. But the man was ‘‘going back scenario in other cases. aide to former Miami Rep. David Rivera. and forth to Cuba’’ so much that Batchelder A 2012 complaint alleged a 75-year-old ‘‘We’d say, ‘Where is he?’ They’d say, ‘He’s in eventually dropped the case. ‘‘It was just an- woman had moved to Camaguey two years Cuba and isn’t coming back for six other benefit he was applying for.’’ earlier and a relative was withdrawing her months.’ ’’ Concerns about Cubans exploiting the aid SSI money from a bank account and sending ‘‘They’re taking benefits from the Amer- are especially troubling to exiles who came it to her. Social Security stopped payments, ican taxpayer to subsidize their life in an- to this country decades ago and built new but not before nearly $16,000 had been depos- other country. lives and careers here. ited into her account. One woman told Miami immigration attor- Dr. Noel Fernandez recalls the assistance Another recipient went to Cuba on vaca- ney Grisel Ybarra that her grandmother and his family received from friends and the U.S. tion and stayed, leaving his debit card with

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.015 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2078 CONGRESSIONAL RECORD — SENATE April 14, 2016 a relative. Social Security continued his SSI Florida, including one launched from a house shores of the United States, they be- payments for another six months—$4,000 in the Keys, federal prosecutors said. Comin come legal in this country, and a year total—before an anonymous caller reported claimed he rented the home to celebrate his and a day after they have arrived, they he had gone back to Cuba. birthday—after receiving his government are allowed to apply for a green card. One woman reportedly moved to Cuba in check. 2010 and died three years later, while still re- Casimiro Martinez was receiving a month- But unlike any immigrant from any ceiving SSI and food stamps, according to a ly check for a mental disability—but his part of the world, they are allowed to 2014 tip to Florida welfare fraud investiga- mind was sound enough to launder more receive Federal benefits because they tors. A state official couldn’t find her at her than $1 million stolen from Medicare. Mar- are automatically presumed to be refu- Hialeah home, cut off the food stamps and tinez was arrested at Miami International gees. That is a status that I am not alerted the federal government. Airport after returning from a trip to Cuba. trying to change in terms of the Cuban Government disability programs are vul- Former congressman Rivera tried to curb Adjustment Act. I have said that I am abuses with a bill that would have revoked nerable to fraud, particularly SSI, with ap- the legal status of Cubans who returned to plicants faking or exaggerating symptoms. open to that being examined, but I am the island before they became citizens. Some view SSI as ‘‘money waiting to be not trying to change that law in my ‘‘Public assistance is meant to help Cuban taken,’’ said John Webb, a federal prosecutor amendment. refugees settle in the U.S.,’’ Mauricio Claver- in Tennessee who has handled fraud cases. I do want to discuss why we should Carone of Cuba Democracy Advocates testi- While benefits are supposed to be sus- automatically assume at this point fied in a 2012 hearing on the bill. ‘‘However, pended for recipients who leave the United that anyone who comes from Cuba is a many non-refugee Cubans currently use States for more than 30 days, the govern- political refugee. The reason why that these benefits, which can average more than ment relies on people to self-report those ab- sences, and federal audits have found wide- now is in doubt is because many of the $1,000 per month, to immediately travel back people who are coming from Cuba, sup- to the island, where the average income is spread violations. $20 per month, and comfortably reside there The government could significantly reduce posedly as refugees seeking to flee op- for months at a time on the taxpayer’s abuses by matching international travel pression, are traveling back to Cuba 15, dime.’’ records to SSI payments, auditors have rec- 20, 30 times a year. Rivera recently told the Sun Sentinel that ommended since 2003. The Social Security There are people being oppressed po- he interviewed welfare workers, Cubans in Administration and Department of Home- litically in Cuba, absolutely. It is one Miami and passengers waiting for charter land Security are still trying to work out a of the reasons why I think the Presi- flights to Havana. He said he found over- data sharing agreement—12 years later, Jose Caragol, a Hialeah city councilman dent’s policies toward Cuba have been whelming evidence of benefits money going misguided, because they refuse to see back, especially after the U.S. eased travel and Havana native, said aid for Cubans ‘‘was restrictions in 2009. meant to assist those who were persecuted that even after this opening to Cuba, The back and forth undermines the ration- and want a new life. The bleeding has to the political situation on the island ale that Cubans are refugees fleeing an op- stop.’’ has deteriorated. It has gotten worse, pressive government, Rivera said. And when Mr. RUBIO. I will not read the whole not better. There are absolutely people they return for visits, they boast of the article. But I am going to paraphrase from Cuba who are coming here as ref- money that’s available in the U.S., he said. from it. ugees. But we also cannot ignore the ‘‘They all say, ‘It’s great. I got free housing. By the way, as to the Democratic fact that many of the people coming I got free food. I get my medicine.’ ’’ amendments that have been proposed Five Cubans interviewed by the Sun Sen- from Cuba no longer are coming here tinel in Havana said they were aware of the and on which the Senator from Cali- for political reasons. The evidence is assistance and knew of Cubans who had gone fornia has just made a presentation re- that shortly after they arrive, they are to America and quickly began sending garding travel issues and pilot hours— going back to Cuba 15, 20, 30 times a money back. Two said they believed it was she referred to the fact I have traveled year. You do not normally travel back U.S. government aid. extensively over the last year—they to a place where you are fleeing from ‘‘I don’t think it’s correct, but everyone are issues I am actually very sympa- oppression, much less repeatedly over does it for the well-being of their family,’’ thetic toward. Perhaps we can work to- an extended period of time. said one woman, Susana, who declined to gether to get her a vote on that amend- So as a result, we now have a law give her last name. Outside welfare offices in Hialeah, the Sun ment, because I think that is a legiti- that basically says that if you come Sentinel found Cuban immigrants who had mate issue. from Cuba, you are automatically enti- arrived as recently as three days earlier, ap- Mrs. BOXER. Thank you. tled to a full platform of Federal bene- plying for benefits. They said family and Mr. RUBIO. Let me now talk about fits. friends told them about the aid before they the one I want to talk about. This is This is how the article begins: left Cuba. how the article begins. I talked about Cuban immigrants are cashing in on U.S. ‘‘Back in the ’60s, when you came in, they yesterday. welfare and returning to the island, making told you the factory that was hiring,’’ said Let me back up and explain what a mockery of the decades-old premise that Nidia Diaz of Miami, a former bail people are facing. Today, if an immi- they are refugees fleeing persecution at bondswoman who was born in Cuba. ‘‘Now, grant enters the United States from home. . . . they tell you the closest Department of Chil- Cubans’ unique access to food stamps, dis- dren and Families [office] so you can go and another country legally and comes here on a green card, with 5-year resi- ability money, and other welfare is meant to apply.’’ help them build new lives in America. Yet dency, they cannot receive Federal CROOKS COLLECT IN CUBA these days, it’s helping some finance their benefits. If you immigrate to the Miami bail bondswoman Barbara Pozo said lives on the communist island. many of her Cuban clients talk openly about United States from any country in the America’s open-ended generosity has living in Cuba and collecting monthly dis- world with an immigrant visa legally— grown into an entitlement that exceeds $680 ability checks, courtesy of U.S. taxpayers. not illegal immigration, as illegal im- million a year and is exploited with ease. No ‘‘They just come here to pick up the migrants do not qualify for Federal agency tracks the scope of this abuse, but a money,’’ Pozo said. ‘‘They pretend they’re benefits—a legal immigrant to the Sun Sentinel investigation found evidence disabled. They just pretend they’re crazy.’’ United States does not qualify for any suggesting it is widespread. Fed-up Floridians— SSI payments, for those who cannot work Federal benefits. There is an exception due to mental or physical disabilities, go up in the law, however, and that is if you Where a lot of these Cubans are mov- to $733 a month for an individual. Most other ing to— new immigrants are ineligible until they be- happen to be someone who comes from are reporting their neighbors and their rel- come U.S. citizens. Cuba without a visa. atives for accepting government aid while Some Cubans try to build a case for SSI by There is a law called the Cuban Ad- shuttling back and forth to the island, sell- claiming trauma from their life under an op- justment Act. When the Cuban Adjust- ing goods in Cuba and leaving their benefit pressive government or the 90-mile crossing ment Act was passed during the Cold cards in the U.S. for others to use while they to Florida. War, it was passed so that Cubans who are away. Diaz, the former bondswoman, said she has came to the United States fleeing com- Some do not even come back at all. The heard Cuban clients talk about qualifying: munist oppression were immediately U.S. has continued to deposit welfare checks ‘‘ ‘Tell them that you have emotional prob- for as long as two years after the recipients lems. How did you get these problems? Well, admitted to the United States. In es- moved back to Cuba for good. trying to get here from Cuba.’ ’’ sence, that is why there is really no Antonio Comin collected disability while such thing as an illegal immigrant It goes on to talk about several peo- organizing missions to smuggle Cubans to from Cuba. If a Cuban makes it to the ple. For example there is a shopkeeper

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A14AP6.006 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 14, 2016 CONGRESSIONAL RECORD — SENATE S2079 in Hialeah, FL, where a lot of these der—as is now increasingly hap- mule. Well, from the money you get folks are coming and moving. He says pening—then you do qualify for these paid to take these things back to Cuba, he hears about it all the time. He is a benefits I have just outlined. So let’s that is how you pay for your plane barber. He has been in the United be frank, not everyone who is coming ticket. States for 3 years, and he said: from Cuba is doing this. There are peo- Another way of paying for these Recent immigrants on welfare talk of ple coming from Cuba who are fleeing trips, by the way, is cheating. Accord- spending considerable time in Cuba—six persecution, but many are taking ad- ing to the Sentinel article: months there, two months here. ‘‘You come vantage of the easy money, and then Like other welfare recipients, some Cubans and go before benefits expire.’’ they are going back and forth to Cuba. work under the table or put their assets in The article goes on: I will give you some examples cited others’ names to appear poor enough to meet The sense of entitlement is so ingrained in this article: the programs’ income limits, according to that Cubans are now routinely complaining A public housing tenant in Hialeah, who records and interviews. Some married cou- to the local Congressman about the chal- was receiving food stamps and SSI payments ples qualify for more money as single people. lenge of accessing U.S. aid—from Cuba. for a disabled son, frequently traveled to Many of our welfare programs actu- What they are complaining about is Cuba to sell food there, records showed. She ally give you more money if you are that they are coming into the office. admitted to a city housing investigator in not married because you don’t have to This is what a former aide to a former 2012 that she ‘‘makes $700 in two months just combine your incomes. So because they in the sales to Cuba.’’ Congressman from Miami said: A fam- were married in Cuba, they simply con- ily member would come into our office And $700 a month is a lot of money in ceal the fact that they are married be- and say a family member isn’t receiv- Cuba. cause the United States can’t access ing his benefits. They would ask: How does this work? They take the those records. That is another way of Where is he? And they would say: He is food stamp card. They go to the gro- cheating. in Cuba, and he isn’t coming back for 6 cery store. They load up a van with Now look, ‘‘accessing benefits from months. canned goods. They travel back to [someone who is in] Cuba typically re- This is unreal. There are people com- Cuba. They just got that food with quires a U.S. bank account and a will- ing into congressional offices com- your taxpayer money. They travel ing relative or friend stateside.’’ By the plaining: We are having trouble getting back to Cuba with duffel bags full of way, that is just for now because as access to our benefits. You ask them canned goods, and they sell it in Cuba part of this opening to Cuba, the why, and they say it is because the per- for a profit—$700 over a 2-month pe- Obama administration is going to son who gets the benefits is not in riod. make it easier for there to be banking America; he is in Cuba and he can’t get Another man receiving food stamps admit- transactions with Cuba. So what we are access to his benefits from Cuba. ted to State officials ‘‘that he was living in facing here, my friends, is that in a Cuba for much of 2015.’’ One woman told Miami immigration attor- very short period of time—once bank- ney Grisel Ybarra that her grandmother and A recent arrival with a chronic illness got Medicaid coverage and turned to [his] attor- ing becomes regularized with American two great aunts came to Florida, got ap- banks—they will not even need to rely proved for benefits, opened bank accounts ney . . . of Miami to help him get SSI as and returned to Cuba. Month after month, well. But the man was ‘‘going back and forth on their relatives in order to get this the woman cashed their government to Cuba’’ so much that Batchelder eventu- stuff. All they are going to need is an checks—about $2,400 each time—sending half ally dropped the case. ‘‘It was just another ATM or debit card or a credit card se- to the women in Cuba and keeping the rest. benefit he was applying for.’’ cured to that account, and you—the They kept for themselves a 50 per- This, of course, concerns people who American taxpayer—will deposit the cent commission. came to the United States as exiles and welfare check, the SSI, into their bank When a welfare agency questioned the el- are now watching this happen. There is account, and they will then be con- derly ladies’ whereabouts this summer, the a doctor whose name is Noel ducting transactions or withdrawing woman turned to Ybarra, a Cuban American. Fernandez, and he recalls when his the cash from Cuba directly. She told Ybarra her grandmother refused to family arrived here from Cuba that the So they will not even need a relative come back, saying: ‘‘With the money you U.S. Government helped them a little. to do it, but right now they still need sent me, I bought a home and I am really When they immigrated here 20 years that. ‘‘Food stamps and welfare are happy in Cuba.’’ ago, he was helped to find work as a issued monthly to a debit-type card That means your money—the Amer- landscaper, he was helped to learn and SSI payments are deposited into a ican taxpayers’ money. English, and he was helped to complete bank account or onto a MasterCard.’’ Ybarra went on to say that the Cu- his medical studies. Today he is the And soon they will be able to use that bans on the island have a name for this medical director of Citrus Health Net- in Cuba. Then what you need is ‘‘a U.S. aid. It is called ‘‘la ayuda,’’ which work in Hialeah. joint account holder with a PIN num- means the help. Fernandez sees Cuban immigrants col- ber who can withdraw the money and Cubans are allowed into the U.S. even if lecting benefits and then going back, includ- wire it to you in Cuba.’’ they arrive without permission and are ing three elderly patients who recently left Another option is just to entrust the quickly granted permanent residency. . . . the United States for good. money to a friend who is traveling to ‘‘They got Medicaid, they got everything, As I said earlier, under the 1966 Cuba. Cuban Adjustment Act, they are auto- and they returned to Cuba,’’ he said. ‘‘I see Roberto Pizano of Tampa, a political pris- matically assumed to be refugees with- people that said they were refugees [from] Cuba and they return the next year.’’ oner in Cuba for 18 years, said he worked two out having to prove it. That is his quote. jobs when he arrived in the U.S. in 1979 and They are immediately eligible for never accepted government help. He now sees welfare, for food stamps, for Medicaid, State officials— immigrants ‘‘abusing the system.’’ and for supplemental social security, In my home State of Florida— He says he has a ‘‘family friend,’’ and or SSI, and also cash assistance for im- have received complaints about Cubans col- this family friend got ‘‘disability poverished seniors and for disabled lecting aid while repeatedly going to Cuba or money from the U.S.’’ and with the dis- young people. working as mules ferrying cash and goods, ability money he ‘‘renovated a house in But let’s be frank, not all Cubans re- which is a common way of financing travel to the island. Cuba.’’ The Sun Sentinel found this ceive government aid. For example, if man. His name is Gilberto Reyno. You you come to the United States from How that works is, people know you know where they found him? They Cuba on a visa—because there is a visa are traveling to Cuba, and they have found him living in Camaguey, Cuba. lottery and every year the government relatives they want to get money to or Quoting from the article: awards visas to people living in Cuba— clothes to or whatever, and so they pay you. They actually pay you. They give The Sun Sentinel found Reyno living in you do not qualify for these benefits. that house in Camaguey, Cuba. He said he If, however, you arrive in the United you money and they say: Will you take was no longer receiving disability, but States on a raft or if you fly on an air- this with you on your trip to Cuba and Pizano and another person familiar with the plane to Costa Rica, Honduras, Guate- deliver it to the people we are trying to situation said the payments continue to be mala, or Mexico and cross the U.S. bor- get it to? That is why they call them a deposited into a U.S. bank account.

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.016 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2080 CONGRESSIONAL RECORD — SENATE April 14, 2016 Here is another example that Federal mind was sound enough to launder more body whom we elect, whom we vote for, investigators found, according to the than $1 million stolen from Medicare. Mar- whom we send to Washington—nothing article: tinez was arrested at Miami International ever changes or happens. It doesn’t Airport after returning from a trip to Cuba. A 2012 complaint alleged a 75-year-old While benefits are supposed to be sus- matter. You can vote Republican, you woman had moved to Camaguey two years pended for recipients who leave the United can vote Democrat, or you can vote for earlier and a relative was withdrawing her States for more than 30 days, the govern- a vegetarian. It doesn’t matter whom SSI money from a bank account and sending ment relies on people to self-report those ab- you vote for. Nothing happens. These it to her. Social Security stopped payments, sences, and Federal audits have found wide- but not before nearly $16,000 had been depos- people don’t do anything. spread violations. ited into her account. They are right. I have just come here Another recipient went to Cuba on vaca- So the only way you can find that today and laid this out. No one can tion and then stayed, leaving his debit card someone is actually doing this is they argue against what I have just said—no with a relative. Social Security continued have to call and say: Hey, by the way, one. I challenge any Member of this his SSI payments for another six months— I am now living in Cuba, and I am still Senate to come here now—I will give $4,000 total—before an anonymous caller re- collecting my checks. Well, that ain’t the rest of the time I have apportioned ported he had gone back to Cuba. One woman reportedly moved to Cuba in gonna happen. This is an outrage. to me—and tell me why changing this 2010 and died three years later, while still re- Listen, my parents came from Cuba. is a bad idea. But I can’t even vote get ceiving SSI and food stamps, according to a I live in a community where Cuban ex- a vote on an amendment to change 2014 tip to Florida welfare fraud investiga- iles are a plurality of the people who this. tors. live there. So no one can say this is an The excuses are long: Oh, we can’t do Five Cubans interviewed by the Sun Sen- anti-immigrant thing or a mean-spir- it because we don’t want to open the tinel in Havana said they were aware of the ited thing. We have the support of tax portion of the bill because then assistance and knew of Cubans who had gone other people will want their amend- to America and quickly began sending every elected Cuban American Member money back. Two said they believed it was of the House for this idea. ments. This is crazy. This is nuts. We U.S. government aid. I myself come from a Cuban Amer- can’t solve problems. We can’t solve That means this is now spreading ican family. This is an outrage. It is something as clear and simple as that. through word-of-mouth. So you live in happening right underneath our noses. We can’t even get a vote. If you want Cuba, you know someone who left for Who can be for this? Let me rephrase to vote against what I am proposing, the United States, they qualified for it. Who can be against doing something vote against it. We can’t even get a these benefits, and they start coming about this? We are talking about close vote on an amendment like this. It back and bringing the money with to $700 million a year of American tax- makes no sense. them or sending it back to their rel- payer money that could be spent right This is not a small issue. We are atives, and word gets around. That is now to deal with the Zika virus issue talking $700 million. This is not an why it is not a surprise to read in this that we are facing, for example. In- issue of national coverage. It is not in article: stead, this money is being abused. It is the news every day. This is not con- troversial. This is bipartisan. The Outside welfare offices in Hialeah, the Sun being stolen. Sentinel found Cuban immigrants who had So one would think: Wow, that is a chairwoman of the Democratic Na- arrived as recently as three days earlier, ap- commonsense thing; right? People here tional Committee, DEBBIE WASSERMAN plying for benefits. They said family and in the gallery, people at home—if any- SCHULTZ, a Congresswoman from Flor- friends told them about the aid before they one is actually watching C-span—would ida, is a cosponsor of this bill in the left Cuba. say: That is common sense. They will House. So this is not partisan. It is not ‘‘Back in the ’60s, when you came in, they do something about it. Yet I can’t get about getting anyone elected to any- told you the factory that was hiring,’’ said a vote on this amendment. I cannot get thing. I am not running for anything. Nidia Diaz of Miami, a former bail bondswoman who was born in Cuba. ‘‘Now the Senate to vote on an amendment to This is about doing what is right. they tell you the closest Department of Chil- stop this practice. This is about being able to go back to dren and Families [office] so you can go and Here is the only thing I am asking. I my home community and say to peo- apply.’’ am asking that if you come from Cuba, ple: This abuse has been addressed. But This is a quote from another bail you have to prove you are a refugee. if I go home tonight or tomorrow to bondswoman: Prove that to us. I am not even saying Florida and I run into somebody at the Miami bail bondswoman Barbara Pozo said we are not going to let you in. I am grocery store, I can’t explain to them many of her Cuban clients talk openly about just saying that if you come from Cuba with a straight face why the Senate living in Cuba and collecting monthly dis- using the Cuban Adjustment Act, prove will not give me a vote on this because ability checks, courtesy of U.S. taxpayers. that you have been persecuted in Cuba. it makes no sense. If I came to you and ‘‘They just come here to pick up the That is not hard to do. You were in said: They are stealing $700 million a money,’’ Pozo said. ‘‘They pretend they’re jail; you were beaten. We know who the year from you, and here is a very sim- disabled. They just pretend they’re crazy.’’ SSI payments, for those who cannot work people are who are being persecuted. ple way to stop it, you would say: Let’s due to mental or physical disabilities, go up All I am saying is prove that you are a do it. We have to do it. But here they to $733 a month for an individual. Most other refugee, and then you will qualify for are saying: We can’t do it. And no one new immigrants are ineligible until they be- the benefits because we help refugees. will tell you why we can’t do it, except come U.S. citizens. But, apparently, that is too much to for some procedural internal Senate Some Cubans try to build a case for SSI by ask. thing. claiming trauma from their life under an op- Here is the thing. Everybody here This is ridiculous. This is why people pressive government or the 90-mile crossing to Florida. comes up to me and says: I am for your are angry. This is why people are so Diaz, the former bondswoman, said she has amendment. I support what you are upset. This is why people have taken heard Cuban clients talk about qualifying: trying to do. Great. Why can’t we vote on this attitude to get rid of everyone. ‘‘Tell them that you have emotional prob- on it? We can’t vote on it because if we And I have to tell you, it is hard to lems. How did you get these problems? Well, give you your amendment, then we blame them after seeing what is hap- trying to get here from Cuba.’’ have to give the other side their pening here now. This is total and com- Here is one that should really gall ev- amendments. And let me just tell you plete outrage. erybody, though these are all bad sto- guys that this is why people are so sick There is another amendment being ries. of politics. debated, by the way, by Senator SES- Antonio Comin collected disability while I don’t want to get too much into the SIONS. It is another one of the amend- organizing missions to smuggle Cubans to weeds on this, but suffice it to say I ments that was denied a vote. It has to Florida, including one he launched from a have spent from April 13 of 2015 do with the entry-exit tracking sys- house in the Keys, Federal prosecutors said. through very recently traveling all tem, which basically means that when Comin claimed he rented the home to cele- over this country on another endeavor, you come into the United States with a brate his birthday—after receiving his gov- ernment check. and one of the things you hear from visa—you get a visa to visit the United Casimiro Martinez was receiving a month- people is that they are just angry. States for 90 days as a tourist. You ly check for a mental disability—but his They are just fed up. They think: No- want to go to Washington, you want to

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.018 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 14, 2016 CONGRESSIONAL RECORD — SENATE S2081 go to Disney World, you want to go to trated. I hope this will change. I hope well. The relationships with family and New York City, and you have 60 to 90 it will change. I hope it will change on friends and access to their homeland days to visit the United States. When this bill because I don’t think you can were abruptly severed. you arrive, we check you in. But we explain with a straight face why some- For the nearly 1,500 Cuban exiles who never check you out. So we never know thing like this can’t pass or why some- made up the Assault Brigade 2506, Fidel when or if someone has left. thing like this can’t even get a vote on Castro was not the leader of their As a result, today, of the 12 or 13 or it. This makes absolutely no sense, but country. He was what he has always 14 million people who are here ille- this is what is happening here every been—a thief and an imposter. They gally, about 40 percent or so of them single day on a routine basis. When I knew liberty was a God-given right, are people who have overstayed their say ‘‘here,’’ I mean in Washington. The and they needed to do all in their visas. They didn’t cross the border ille- result is, people start to scratch their power to reclaim it. gally. They came on an airplane, and heads and say: You know what. It Their story says as much about their they overstayed their visa. doesn’t matter whom we elect, nothing own resilience as it does about Amer- Everyone says they are in favor of a changes. That explains a lot about the ica. The very building I stand in, and system that tracks entries and exits so frustrations that are going on in this the proud body I am a Member of, we can crack down on these overstayed country. I hope that will change. would not exist were it not for men visas. Everyone says they are in favor HONORING ASSAULT BRIGADE 2506 like them over 150 years before. of it. In 2013, the Senate passed a con- Madam President, I want to talk America’s Declaration of Independ- troversial immigration reform bill that about another topic briefly. It is also ence says of mankind’s inalienable rights that ‘‘whenever any Form of I was a part of and we helped craft, and related to Cuba but on a much different Government becomes destructive of an entry-exit tracking system was part note. It has to do with the Bay of Pigs, these ends, it is the Right of the People of that bill. which is something that happened a to alter or to abolish it, and to insti- Everyone—Democrat, Republican, while back. April 17 will mark the an- tute new Government.’’ liberal, conservative—says they are in niversary of a significant event in his- favor of doing that. But you can’t get a Those who undertook the Bay of Pigs tory. It is an event that many in our invasion fought for their country, not vote on an amendment dealing with it. government over the years have been Again, it makes no sense. This place against it. Their cause was a humani- eager to forget and is often cited as a tarian cause, a noble cause, in many can’t solve anything, and this is ridicu- blemish on our history, but I beg to dif- ways, an American cause. Many of lous. fer in some ways. The result wasn’t So what happens when you don’t those who were captured and eventu- what we wanted, but we have a lot to ally released and exiled to the United solve things for a long time? The prob- be proud of. I think it has become in- lems stack up. The problems stack up States came with nothing—not a creasingly important to remember. penny—and in many cases no English and people lose confidence. People lose Fifty-five years ago this Sunday, on skills. They went to work and em- faith. April 17, 1961, there were 1,500 brave braced America’s blessings, but they Look, I understand this process. I volunteers who embarked upon a mis- know everyone is not always going to never forgot their homeland. sion to liberate Cuba from Fidel Cas- Some made it their life’s work to get everything. You are not going to tro’s oppressive grip. This force was promote the cause of a free Cuba. Oth- achieve everything you want when you primarily made up of Cuban exiles, but ers went to work on a different endeav- get involved in these issues, but these they were a diverse group from all or to provide for their families but are commonsense issues. An entry-exit backgrounds within Cuban society. dedicated countless hours as faithful tracking system—of course that makes They knew they would be badly out- volunteers of the cause. Many of the sense. numbered and they would face extraor- former members of the Brigade 2506 By the way, you have to do that on dinary odds. Yet these men stormed would take up arms for the United the FAA bill. You have to because that the beaches of Playa Giron at the Bay States, serving in our Armed Forces has to do with airports where most of of Pigs. They did it for what at the with the same bravery and distinction the entry-exits are happening. This time was their country, Cuba. They did they showed at the Bay of Pigs. In issue is drafted to this bill because this it for their families. They did it for doing so, they served as teachers to an bill has a piece of it that deals with the freedom itself. Over the next 4 days, entire community. Tax Code and finance. A moment ago, nearly 100 members of the Brigada de For example, today in Miami a Bri- the chairman said we had a lot of de- Asalto—Assault Brigade 2506—lost gade 2506 monument and museum now bate. They had an open amendment their lives—nearly 100 members. In- exists as much to commemorate these process on the FAA bill, but there is a cluded in that number were four Amer- heroes as they do to educate others. finance component to this bill that was ican pilots and five others who were ex- Far from being forgotten, the example not offered until it got here. That is ecuted. The majority were captured of these brave men has inspired others what my amendment is drafted on, so I and imprisoned for many months and to carry on their work. Their legacy couldn’t have offered this in a com- years and in inhumane conditions. lives, and it lives on among those of us mittee. Though the Bay of Pigs invasion who follow in their footsteps by mak- I think people come to Washington failed, it was a triumph of courage for ing their cause of a free Cuba our and watch this process; they hear me the brave Cuban exiles at the mission’s cause. explain this thing. They are wondering, helm, and it serves as a reminder of an Today the spirit of those who paid there has to be a catch, right? What is era when the U.S. Government actually the ultimate price is alive and well in the other side of the argument? There embraced America’s role as the watch- the brigade’s Veterans Association and is no other side of the argument. There man on the walls of freedom. continues to stand firmly against the is none. There is none. Since taking power those many years Castro brothers’ dictatorship. Their Why should you, the people watch- ago, the anti-American Castro regime spirit is also alive inside Cuba, rep- ing, the people here, why should any- has never relented in its attempts to resented by all those who stand up to body, why should the American tax- undermine our security and suppress the repressive regime and its beatings, payer be giving money to people who its own people. More than 1 million Cu- detentions, and suppressions of speech. don’t live here to build houses in an- bans have voted with their feet, fleeing A strong dissident movement within other country? That is what is hap- the island in search of political free- the island refuses to be silenced, de- pening right underneath our noses. dom or better economic conditions—we manding change and the right of every Forget about passing it. You can’t even just discussed that a moment ago— human being to be free. get a vote on it, for reasons no one can often coming to the United States. Sadly, this administration has be- explain. Many of these refugees are my neigh- trayed that spirit of dissension by Do you want to know why people are bors, my friends, and constituents. My treating the Castro government as if it upset and frustrated with the political own parents left Cuba several years be- were democratically elected. The process? This is a small but important fore Castro took over, but their lives President’s actions have only moti- example of why people are so frus- were nonetheless marred by his rule as vated the dictatorship to increase in

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.019 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2082 CONGRESSIONAL RECORD — SENATE April 14, 2016 its very nature, but as long as the spir- If you remember what happened after Despite the relatively successful im- it of the brigade lives on, the dream of 9/11, we had a 9/11 Commission—and it plementation of a biometric entry sys- a free Cuba will never die. was a bipartisan Commission—and that tem, the Department has largely failed Following the Bay of Pigs invasion, Commission was charged with a serious to implement the requirements. To in December of 1962, President Kennedy responsibility of analyzing our immi- date, the Department of Homeland Se- delivered a speech in Miami honoring gration system, analyzing our public curity has only implemented a handful those who fought. Accepting an honor safety system, our intelligence system, of pilot programs. It is not hard to do. from them in return, he accepted the and all kinds of problems that made us Yet they have been dragging their feet flag of their brigade. President Ken- more vulnerable than we need to be. for years now. However, there are some nedy said: ‘‘I can assure you that this One of their recommendations was that promising developments on this sys- flag will be returned to this brigade in we have a system when you come into tem. The Consolidated Appropriations a free Havana.’’ America on a visa, you clock yourself Act of 2016 created a dedicated source That assurance was not made by a in—like many workplaces have—and of money for implementation of the bi- man but by a nation. It came with no you clock yourself out when you leave ometric exit. It has been estimated expiration date. I believe we as Ameri- the country and your time on your visa that this will result in approximately cans owe it to the fearless men who expires. Then the United States would $1 billion in funds that will be used fought at the Bay of Pigs to ensure know who would come and who had solely for the implementation of the that their flag, which last touched the exited. biometric exit system. That is already shores of Cuba 55 years ago this week, Of course, we also know, if you recall in law and required to be a part of our is one day returned to a free Havana back to that day, a number of the 9/11 legal and immigration system. and that everything that flag rep- attackers who killed 3,000 Americans Yet, even with this source of funding, resents—freedom, sacrifice, the dreams came on visas lawfully. Several of hurdles remain to the implementation of the Cuban people—remains the cause them overstayed with the visas they this system. My amendment will re- of the United States. had. So this was the response. move one of the biggest remaining hur- To the veterans of Assault Brigade We have the capability of doing this. dles to the implementation of the sys- 2506, thank you for your service and We have had the capability for many tem. It simply states that no funds God bless you. years, and it has not happened. Ten from this Federal aviation bill, which I yield the floor. years after 2001, the 9/11 attack, the funds airports, runways, safety sys- The PRESIDING OFFICER. The Sen- 9/11 Commissioners met again. The pur- tems, and all of those different sys- ator from Alabama. tems, can be expended ‘‘for the phys- Mr. SESSIONS. Madam President, I pose of their meeting was to ascertain how much of what they had rec- ical modification of any existing air thank Senator RUBIO for his comments navigation facility that is a port of and his heartfelt expressions. It is im- ommended had actually been accom- plished by the U.S. Government. One of entry or construction of a new air navi- portant, and his amendment is very gation facility intended to be a port of commonsensical. It deals with a very the very first things they noted was the failure to complete the exit sys- entry, unless the Secretary of Home- real abuse that I know he and many land Security certifies that the owner Cuban Americans understand to be an tem. This is why it has become such a big issue. or sponsor of the facility has agreed to abuse and want to see ended. This a plan that guarantees the installation would be a good opportunity for us to In 2002 we passed a law that further moved forward with the system. It re- and implementation of the [biometric pass it, and I understand Senator exit system] at such facility not later RUBIO’s frustrations that we seem to be quired the government to install bio- metric readers and scanners at all than 2 years after the date of the en- unable to fix problems around this actment of the Act.’’ In other words, it body. ports of entry of the United States. In fact, we have a system to collect bio- gives them 2 years. They have to reach That is my feeling this afternoon, an agreement to actually take steps to too—this frustration that we are not metric information from individuals who wish to enter the country, but fix this problem. able to finally take action on things I modified my amendment in an at- oddly we don’t have the exit system. like the entry-exit visa system and tempt to address some concerns that Why is it so much harder to have a sys- complete it, as we promised to do for were raised by the airlines by explic- years. We get very close, but we don’t tem to allow you to document your itly referring to the $1 billion appro- get there. I thank Senator RUBIO for exit than it is to document your entry? priated for this system. We received his excellent leadership on this issue This is a serious problem. positive feedback from U.S. Customs Subsequently, and consistent with and support for the amendment that I and Border Protection, which has to have worked on. I think it is very rea- the recommendations of the 9/11 Com- deal with this every day. My amend- sonable and an appropriate amend- mission, Congress passed the Intel- ment also has been endorsed by the ment. It gives plenty of opportunity for ligence Reform and Terrorism Preven- Border Patrol Union. They know this is us to carry out the necessary program tion Act of 2004, which mandated the a loophole in our system, a gaping hole in a reasonable way. entry-exit system be complete and be in our security. They want to see it The amendment I submitted will en- biometrically based. That is different completed, and it is long overdue. sure the implementation of the statu- from biographic. In a biographically- The amendment allows the U.S. Cus- torily required biometric exit system. based system, you give your Social Se- toms and Border Protection officers It has been in law for a long time. It curity number and name and they and each airport that serves as a port was first set in law in 1996—20 years check to see if somebody has a warrant of entry to create a solution that ago. There were at least eight or more out for your arrest or if you should be works specifically for the needs of the times where we mandated this legisla- on a no-fly list or if you are connected CBP and the limitations of each indi- tion. The first one was in 1996. These with terrorism or organized crime or vidual airport. It does require, how- requirements were basically ignored. drug-dealing gangs or whatever is in ever, that the parties agree to a plan They were eventually modified and our systems. You can just give a false that guarantees the system will be in- then the terrorist attacks of Sep- name. That is not a very secure system stalled and implemented. tember 11, 2001, occurred. at all. The suggestions we have had in re- Congress responded to that by de- What the 9/11 Commission correctly sponse as to the kind of language crit- manding the government implement concluded was, if you used a biometric ics and objectors would like to see—it this entry-exit system when we passed system where they read your finger- never has an end date. They say, well, the PATRIOT Act to provide greater prints, somebody couldn’t come in and you can begin a pilot project or you security for America. It stated that an say they are John Jones and they are can do this, that, and the other, but entry-exit data system should be fully really Ralph Smith, who has a warrant they never give a date as to when it implemented for airports, seaports, out for his arrest for terrorism some- should actually be completed. land border ports of entry ‘‘with all de- where. That is the kind of thing this Colleagues, this system can be made liberate speed and as expeditiously as system was designed to do and can be to work. In my opinion, it can be im- practical.’’ That was in 2001. done. plemented in every airport in 6

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.021 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 14, 2016 CONGRESSIONAL RECORD — SENATE S2083 months. We have companies that have are using and it turns out to match pilot projects. We are considering this this kind of system that is used all somebody who is on a terrorist watch and working on it. Well, they have over the place, and even Disney World list, then you can stop it and create been working on it for 20 years. We had and Disneyland use a fingerprint sys- safety. If a person puts out their hand our members who were there—all three tem. It is on our cell phones. This is and there is a hit because the person Democratic members who were at that the kind of thing that is really no prob- boarding the plane is on a no-fly list, subcommittee hearing said they favor lem to make happen, but we lack the the passenger can be denied boarding this. There is no real opposition to it. will and determination to see it or removed from the plane before it Just a few weeks after the hearing, through, and we let people who don’t takes off, and their baggage can be re- Secretary Johnson of Homeland Secu- like it—special interest groups—push moved from the plane before it takes rity made public statements directing back, and as a result, it somehow never off. DHS to begin implementation of the gets completed. Importantly, the United States will system at our airports by 2018. To In fact, Homeland Security, airports, have a unified, automatically produced begin implementation when? In 2018. and airlines have already had a gen- list of people who departed when their There was no promise that it would be erous amount of time in which to get visa said they should depart and a list completed, and there was no assurance this completed. It could be done quick- of people who did not depart when their that they were going to make the sys- ly. visa expired. tem a reality. This is at least an ac- One manufacturer said: We should By the way, colleagues, several years knowledgement that it is needed, but host a special products day. You should ago the Congressional Budget Office we need a completion date. just have a day out here. People think found that 40-plus percent of people il- It is these kinds of lulling comments it can’t be done. Have a day and ask all legally in America came by visa. They that we have heard for years that have the manufacturers around the country came legally; they just did not leave. resulted in no action. If people in the to bring forth their equipment that is They said that number is increasing. I Senate would like to know why the being used in businesses and places all believe it is increasing rather rapidly, American people are not happy with over the country, such as nuclear and we are going to see more of it in the performance of Congress, this is a plants, and set them up and let us show the future. If you don’t have a system very good example. Congress promises you what we can do with it. to identify people who overstay their to fix the problem, even claims we Another company said: You don’t lawful entry, then you do not have a voted for and passed laws to fix a prob- even have to touch a screen. You can lawful system of immigration. It is just lem, and then it stands by while two wave your hand in front of the screen, that simple. decades go by and nothing happens. and it will read your fingerprints. For a host of reasons, this system Why? Well, their special interests These are proven products, and the should be based on fingerprints. speak up. We have lobbyists sending prices are low and falling and at the The former Secretary of Homeland out letters telling Members to oppose most basic level. If Apple and Samsung Security and former Governor of Penn- the Sessions amendment. can put it on their phones, we can cer- sylvania, Secretary Ridge, set up this It is time for us to represent the na- tainly do it at the airports. system some time ago. When I talked tional interest. The time for the spe- The special interests also say it will to him about it, I told him as a former cial interests is over on this subject. take up a lot of space. It will not take prosecutor that it needed to be based Congress has spoken repeatedly. The up a lot of space. Police officers have on the fingerprint system. Some people American people are getting tired of these kinds of fingerprint-reading sys- had other ideas about it, such as eye or this. I am getting tired of this. Who tems in their automobiles. When they facial recognition. These things can runs this place? Elected representa- arrest somebody for a crime and want technically be done, but they can’t run tives or some high-paid lobbyist some- to know if there is a warrant for that a check on somebody who committed where? They have been dragging this person’s arrest somewhere around the murder somewhere and has a warrant out and fighting it tenaciously with country, they ask that person to put out for their arrest and is fleeing the every effort they have had for years, their hand on the screen. The computer United States, because our basic law and it has not happened and America is reads it and runs the fingerprint enforcement system only has certain at risk because of it. Airports and air- against the National Crime Informa- data of people who are wanted for lines are happy to get Federal assist- tion Center records. If it says bingo, criminal activity. You need to use the ance whenever they can. They better there is a warrant for his arrest for fingerprint. It has been proven, it be trying to cooperate and make their murder, robbery, or drug dealing, they works, and it is used in every criminal airlines even safer than they are today. can detain that person. justice system in the United States. It is time to fulfill the promise and CBP can work with larger airports When he left office after going round commitment we made to the American with international terminals and in- and round about this subject, Sec- people. How much longer can this go stall physical equipment at their inter- retary Ridge said: I have one bit of ad- on? We promised the American people a national departure gates. It is only the vice for my successors, and that is, use system that will demonstrably improve international departure gates. CBP— the fingerprint. I believe he was totally our national security. We voted for it Customs and Border Patrol—can work correct, and it still remains the only time and again. We have bipartisan with smaller airports and even deploy real system that will work. support for it. If we can get a vote on handheld systems similar to the ones Let’s also be aware that numerous this amendment, we will see a huge bi- that are in cars at the gates that han- countries across the world—including partisan majority vote for it. I don’t dle international flights. Ultimately, New Zealand, Singapore, and Hong know who would vote against it. But all passengers exiting the United Kong—have been using biometric sys- we don’t get to vote, and as a result States need to do is place their hands tems for years. This is nothing new. nothing happens for years. on a simple screen—or with some de- Others do it, and we can do it too. This was noted by the former Com- vices, just wave their hands at it—and Ending this failure has bipartisan missioners on the 9/11 Commission in a it will biometrically identify the pas- support. My subcommittee, the Sub- report issued in 2014: committee on Immigration and the Na- senger as truly the one shown on the Without exit-tracking, our government flight documents as exiting the United tional Interest, held a hearing on Janu- does not know when a foreign visitor admit- States. ary 20 of this year entitled—I thought ted to the United States on a temporary You can come here with a false docu- it was a pretty good title—‘‘Why is the basis has overstayed his or her admission. ment. Terrorists work on these things biometric exit tracking system still Had this system been in place on 9/11, we all the time. Terrorists use false iden- not in place?’’ That is a pretty good would have had a better chance of detecting tification. We know there are systems question. Well, during the hearing, we the plotters before they struck. out there making them by the thou- got promises from government offi- That is why it is important. We have sands and tens of thousands. But if cials, but there was no commitment long known that visa overstays pose a your fingerprint doesn’t match the fin- that they would actually complete the serious national security risk. A num- gerprint of the person whose name you system. They said: Oh, we are doing ber of the hijackers on September 11

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.022 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2084 CONGRESSIONAL RECORD — SENATE April 14, 2016 overstayed their visas. The number of When our Founding Fathers drafted tant it is to have an ultimate arbiter visa overstays implicated in terrorism the Constitution, they envisioned a to settle the law of the land. Cases since that date is certainly a signifi- system of governance upheld by three challenging critical laws are now be- cant number. branches of government. The Fed- fore the Supreme Court. We want those A new poll came out earlier this year eralist Papers outline this balance of laws to rise or fall because the Su- that indicates that three out of four power in detail. In Federalist Paper No. preme Court has decided the issue—not Americans not only want the Obama 51, James Madison spoke about the im- because of a 4-to-4 split, not because administration to find those aliens who portance of checks and balances among they were unable to do their job. overstay their visas but to also deport three branches of government. As More split decisions are not the only them. Madison stated: ‘‘It is . . . evident that risks we are facing. The current va- Why not? They came here for a lim- the members of each department cancy on the Supreme Court also has ited period of time. We have a law that should be as little dependent as pos- implications for the number of cases says they can stay for a certain sible on those of the others.’’ I don’t the Court is able to take in the first amount of time. It is not that hard to think we always refer to ourselves as place. get a visa to the United States, but members of a department, but what he In March of last year, the U.S. Su- shouldn’t they leave when their visa is meant by this is that there are three preme Court granted certiorari—that up? Do they just get to stay here and departments in our government—the means they took the case—in eight take a job, perhaps from an unem- executive branch, the legislative cases. This year, it only did so for two ployed American citizen? branch, and the judicial branch. In cases. The current situation is compro- The same poll indicates that 68 per- Federalist Papers 78 and 80, Alexander mising the integrity of our judiciary. If cent of Americans consider visa Hamilton wrote about the important we allow the Supreme Court to become overstays as a ‘‘serious national secu- role of the Federal judiciary in par- a casualty of the polarization in our rity risk’’ and 31 percent consider visa ticular. The writings of the Founders politics, if we let politics impede the overstays as a ‘‘very serious’’ national make clear that our democracy only Court from having another Justice and security risk. There is no doubt as to works when all three branches are from doing its job, people will lose con- why. functioning. fidence in the Court. The risk to our national security is In recent years, gridlock has hobbled That is what sets our country apart. too high for us to maintain the status the ability of the legislative branch to When you talk to companies across the quo. We must fulfill this promise. We function. Although we have made some world that want to invest in different must do everything we can to imple- progress in starting to turn that countries, they look at the fact that we ment the system. I hope that some around with the passage of the recent have a functioning judiciary. way, somehow, before this bill goes to Transportation bill, the Education bill, Mr. President, I yield the floor. final passage—dealing with airports and the budget, we also have had some The PRESIDING OFFICER. The ma- and public safety issues—we fix this very difficult times—fiscal cliff, the jority leader. problem. Why not? I don’t know a sin- government shutdown. We cannot take Mr. MCCONNELL. Mr. President, I gle person who opposes it, but we that dysfunction to the third—as was ask unanimous consent that at 5:30 couldn’t get the amendment up; we called by James Madison—department p.m. on Monday, April 18, notwith- couldn’t make it pending. The Demo- of government, which is the judiciary. standing rule XXII, the Thune amend- crats objected to it. Now we have an We cannot have a Supreme Court that ment No. 3680 be agreed to; the sub- objection to having a vote on it before doesn’t function, which is exactly what stitute amendment, as amended, No. final passage of the legislation. is happening as some continue to ob- 3679, be agreed to; and the Senate vote So I am frustrated. I have been push- struct the process, when all we want is on the motion to invoke cloture on ing this for years. Even the Gang of 8 a hearing. H.R. 636. bill had it in there. So this is not some- We have already witnessed the Court The PRESIDING OFFICER. Is there thing that I think is in any way unrea- split evenly without a ninth Justice to objection? sonable. It is time to bring it to a con- break the tie this year. These types of Without objection, it is so ordered. clusion. I urge my colleagues: Let’s fig- decisions can prevent the Court from Mr. MCCONNELL. I suggest the ab- ure out a way to make this happen. responding to pressing issues in a time- sence of a quorum. I appreciate Senator THUNE, who is ly fashion. In some decisions where The PRESIDING OFFICER. The managing the bill. He is definitely for there has been a 4-to-4 split, the result clerk will call the roll. it and wants to see it happen. But right is effectively the same as if the Su- The senior assistant legislative clerk now we have objections from the preme Court never heard the case to proceeded to call the roll. Democratic side, and we don’t seem to begin with. Mr. THUNE. Mr. President, I ask be able to get it through. What if there was an emergency case unanimous consent that the order for I urge my colleagues to reevaluate like we had with Bush v. Gore? Again, the quorum call be rescinded. and approve passage of this amendment do we want a 4-to-4 split in a case like The PRESIDING OFFICER. Without that should have virtually unanimous that? Justice Kagan has said the cur- objection, it is so ordered. support in the Senate. rent Justices on the Court are doing Mr. THUNE. Mr. President, again I Mr. President, I yield the floor. everything they can to avoid a 4-to-4 say to my colleagues that we made a I suggest the absence of a quorum. split, but that is not how it should lot of good headway on the FAA reau- The PRESIDING OFFICER (Mr. work. Often these types of decisions thorization bill. Throughout the day SASSE). The clerk will call the roll. provide less guidance to States, offer- today—as we did quite late last night— The senior assistant legislative clerk ing them less legal certainty. we have attempted to negotiate a path proceeded to call the roll. Last week I held a meeting of the forward to adopt more amendments. Ms. KLOBUCHAR. Mr. President, I Steering and Outreach Committee, We have a package of amendments that ask unanimous consent that the order where I heard firsthand about what a have been cleared. A number of our col- for the quorum call be rescinded. serious issue this is for State and local leagues wanted votes on their amend- The PRESIDING OFFICER (Mr. governments. You have patchwork de- ments, but there have been objections HOEVEN). Without objection, it is so or- cisions across the country with perhaps on both sides of the aisle which pre- dered. 2 years that will go by before you have vented us from getting to a final reso- FILLING THE SUPREME COURT VACANCY a High Court of the land that can de- lution. Ms. KLOBUCHAR. Mr. President, I cide which case and which decision This morning we adopted cloture on rise to talk about the opening on the rules when there is a split in the cir- the substitute with a very big vote, but Supreme Court. Today I am going to cuit. You can’t continue to have a split we still have to have a cloture vote on focus my remarks on how important on the Court. Monday on the underlying bill, which filling the current vacancy on the Su- As the former chief prosecutor from will occur at 5:30 p.m. So I am here to preme Court is for our system of gov- Minnesota’s largest county, I know inform my colleagues that there will be ernance. from my own experience how impor- no further rollcall votes during today’s

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.023 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 14, 2016 CONGRESSIONAL RECORD — SENATE S2085 session of the Senate and we will pro- cernible political or ideological bent. branch of Congress. It is another polit- ceed with the cloture vote on the un- Indeed, as I thought back on the con- ical body. Instead of being elected by derlying bill at 5:30 p.m. on Monday. versation I had with Judge Garland the people, it is being elected by the Shortly after that vote, I hope to get yesterday, I realized that he exactly fit Senators, and we are arguing about to final passage on the FAA reauthor- that criteria. Were he an applicant or a who gets to elect this so-called swing ization so we can move on to other candidate for the supreme court in the vote and which way the Court is going business in the Senate. State of Maine and if I were the Gov- to be. f ernor, he would be the kind of guy I The Supreme Court should not be a was looking for. political body, period. It should be a MORNING BUSINESS The other thing I reflected on as I body made up of people—my impres- Mr. THUNE. Mr. President, I ask was thinking about the conversation is sion of Judge Garland—who are serv- unanimous consent that the Senate be that I wish the people of America had ants of the law, who are students of the in a period of morning business, with been looking over my shoulder and had law, who are moderate and temperate. Senators permitted to speak therein heard the conversation, the questions, I walked out of our meeting and I for up to 10 minutes each. heard his answers, studied his body thought, this guy is a conservative The PRESIDING OFFICER. Without language and how he approached these with a small ‘‘c.’’ He is a modest man objection, it is so ordered. questions, how his mind works, how he with a deep knowledge of the law and a Mr. THUNE. I suggest the absence of thinks. razor-sharp intellect but no political or a quorum. I thought about the fact that many ideological agenda that I could discern. The PRESIDING OFFICER. The of us are having these meetings with I suspect that if and when—I believe it clerk will call the roll. the judge over these weeks, Members will ultimately be when—he is con- The senior assistant legislative clerk from both parties, and what we are firmed, he will turn into a Justice who proceeded to call the roll. doing is kind of a slow-motion hearing will vote on one side of issues some- Mr. KING. Mr. President, I ask unan- without the public being able to watch times and make certain people happy imous consent that the order for the what is going on. I think that is where and others unhappy at other times. I quorum call be rescinded. we are missing the boat on this nomi- think he is going to be a straight- The PRESIDING OFFICER. Without nation. down-the-middle judge who calls it as objection, it is so ordered. I fully understand the discretion he sees it, and I think that is exactly The PRESIDING OFFICER. The Sen- every Senator has to make their own what we need on the Supreme Court ator from Maine. decision on whether this is a nomina- today. (The remarks of Mr. KING pertaining tion that should go forward, but we are The other quality he has dem- to the introduction of S. 2800 are print- denying the American people the op- onstrated as chief judge of the circuit ed in today’s RECORD under ‘‘State- portunity to participate in this process court is the ability to bring consensus. ments on Introduced Bills and Joint by not having a hearing and allowing By all reports of people who have Resolutions.’’) them to see and hear and meet Judge worked with him—judges, people who f Garland. I don’t understand that. have known him—he is a consensus Well, I guess I do understand the pol- builder. He is not a flamboyant, strong, NOMINATION OF MERRICK itics, and I will talk about that in a charismatic kind of guy, but he brings GARLAND minute, but I don’t understand why we people together. He marshals the court. Mr. KING. Mr. President, I also want are shutting the people out of this He works toward unanimity. He is not to address a second issue while I have process, because if there was a hearing, a dissenter. He is not a firebrand. He is the floor, and that is a conversation I it would probably go on for hours, principled, but he is a consensus build- had yesterday with Judge Merrick Gar- there would be dozens of questions, the er, and we definitely need that. land. We had an opportunity to talk in Senators could ask all the questions Five-to-four decisions, whichever my office for about 45 minutes to an they wanted, and the public and the way they go, in the long run are not hour. We talked about a wide range of Senators would be able to observe this good for the country, in my view, be- topics: the limits on the President’s man and get a feel for who he is, what cause they divide us and illegitimize Executive authority, how the Court he would bring to this job, and the kind the Court as a judicial arbiter of the should provide oversight to regulatory of person he is. Constitution as opposed to another po- agencies, the Second Amendment, the I have not made a final decision. If litical branch of our government. role of stare decisis respect for prece- and when he is brought to the floor for So I believe what we should be doing dence, general judicial philosophy. We a vote, I haven’t yet decided how I will is fulfilling our constitutional respon- talked about a number of issues, and I vote, although based upon my meeting sibility—not to vote yes, necessarily. wanted to share with the Senate some yesterday and my knowledge of his The Constitution does not say the observations from that meeting. prior judicial experience and his rep- President shall nominate and we shall No. 1, the first thing I thought of last utation, I am inclined to say yes. But I approve—but to consider and to advise night after reflecting upon this con- want to have a hearing. I want to see and consent. That involves the simple versation is that I used to be in the how he does in that hot seat where he matter of a hearing and would include judge-appointing business. As Governor is asked difficult questions by our col- the American people in the process. of Maine, I probably appointed 10 or 15 leagues. I want to see the reaction not There is a lot of discussion here of judges over my 8-year term, maybe only of the Senators but of the people ‘‘let’s hear from the American people.’’ more. I don’t have a specific number, of America as they have a chance to The way to hear from the American but I do recall the process which meet Judge Garland. people is to have hearings, let them brought prospective judges in by a judi- One of the things that concerns me watch, let them take the measure of cial selection committee, and then I about this process—and ironically this person, and let us know how they would consider their qualifications and Chief Justice Roberts commented on think we should carry forth our con- interview them in much the same way this just a few months ago, before the stitutional responsibility in this case. I did yesterday. death of Justice Scalia—is the He appears to be—from what I know I always look for the same qualities: politicization of the Supreme Court. I so far—an extraordinary candidate, not first, high intellect; knowledge of the am not naive, and I realize the Su- ideological, not partisan. I have no idea law; nonpomposity—as a young lawyer, preme Court makes important funda- of his partisan background. I did not I didn’t like pompous judges, and I mental decisions. It is an important even ask him. It occurred to me after- don’t like people who uphold them- part of our governmental structure and ward that perhaps I should have, but I selves, particularly when they are in makes far-reaching decisions that have didn’t. I know he has worked in the positions of authority, so a kind of effects on many people across the coun- Justice Department. He has been a modest demeanor; finally, a tempera- try. But I am afraid that today we have prosecutor. He has been a private at- ment whereby they can apply the law gotten to the point where the Supreme torney, and he has been a very well re- and make decisions without any dis- Court is treated as almost like a third spected judge.

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.026 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2086 CONGRESSIONAL RECORD — SENATE April 14, 2016 I think he is a judge’s judge, a law- ‘‘industrial, methodical, and strictly nities across the Upper Peninsula and yer’s lawyer. That is the kind of person controlled from the highest levels of Northern Michigan competitive and I think we need on the Court in this the organization’s leadership.’’ This re- connected. Maintaining the Essential day and age. So I hope we can find a port further indicates the analysts’ Air Service Program supports airports way to move to hearings, to allow the warning that ISIS may try to increase that Michiganders rely on, such as the American people to participate in this its antiquities trafficking activity as Alpena County Regional Airport, Mus- process, to watch the process unfold, to other revenue streams such as oil sales kegon County Airport, and Delta Coun- get to know the judge. Let’s get to are, in fact, cut off. ty Airport. know him better and then make our So we have to be on guard for this and take action against it. I sponsored This bill also advances responsible decision so we can carry out our con- usage of unmanned aircraft systems— stitutional responsibility to advise and the Senate version of the Protect and known more commonly as UAS or consent. Preserve International Cultural Prop- drones—by addressing safety and pri- That, I believe, is what we owe the erty Act of 2015. This is a bill that vacy issues, enhancing enforcement Constitution and what we owe the peo- would restrict the importation into the against irresponsible usage, and cre- ple of the United States. United States of antiquities smuggled I yield the floor. out of Syria since the beginning of the ating new opportunities for research, development, and the testing of these The PRESIDING OFFICER (Mr. SUL- conflict. It also expresses the sense of innovative technologies. LIVAN). The Senator from Pennsyl- Congress that the administration vania. should better coordinate among the I thank my colleagues—Commerce Mr. CASEY. Mr. President, I ask to many agencies with expertise in coun- Committee Chairman JOHN THUNE and speak in morning business. terterrorism finance and cultural her- Ranking Member BILL NELSON—for The PRESIDING OFFICER. The Sen- itage protection so there is better co- working with me during the committee ator is recognized. ordination within the administration. markup process to include a provision f That is the aim of the legislation. that grew out of bipartisan legislation This bill also sends a strong signal ISIS I authored with Senator MORAN of Kan- that the United States will not be a sas—the Higher Education UAS Mod- Mr. CASEY. Mr. President, I rise market for this illicit activity that ernization Act. This important legisla- today to discuss briefly the fight only benefits terrorists and especially tion will clear the way for our Nation’s against ISIS and the sources of its fi- ISIS. It also will not be a market that students and educators to use UAS nancial support. As the administration funds any terrorist group that leads to technology for research, education, and accelerates the coalition military cam- the destruction of cultural heritage. So job training. This will keep our re- paign against ISIS, I believe the ad- I want to thank Senators PERDUE, search universities, workforce, and ministration must continue to inten- GRASSLEY, COONS, and PETERS for their manufacturers on the cutting edge of sify efforts to dismantle the financial cosponsorship of this important legis- global competitiveness as they develop networks that support this vicious ter- lation. the UAS of the future that will drive I am pleased that the Senate passed rorist organization. our economy forward. Our brightest the Protect and Preserve International We know that ISIS operates like a minds will have the ability to design, Cultural Property Act. It passed just criminal syndicate and profits from the to refine, and to fly UAS so they can illicit sale of oil, antiquities, and other last night. It is urgent that we send advance these technologies to help pre- items through the black market, all this bill to the President’s desk. pare our country for safe, widespread while extorting civilians it has under I yield the floor. integration of UAS into the National its control. ISIS uses this funding to I suggest the absence of a quorum. Airspace System. This will support job conduct terror attacks and control ter- The PRESIDING OFFICER. The creation across the income spectrum as ritory in both Iraq and Syria. They use clerk will call the roll. our Nation’s workforce will be able to it to buy more weapons, ammunition, The legislative clerk proceeded to get the training they need to operate and components for improvised explo- call the roll. Mr. PETERS. Mr. President, I ask these systems both safely and effi- sive devices, which we know by the ac- unanimous consent that the order for ciently. ronym IEDs. the quorum call be rescinded. They also use this funding to pay for This legislation has the support of The PRESIDING OFFICER. Without the Association of Public and Land- salaries for fighters and to develop objection, it is so ordered. propaganda materials to spread their grant Universities, the Association of hateful ideology. Already, we have seen f American Universities, and dozens of evidence that both U.S. and coalition FAA REAUTHORIZATION BILL other colleges and universities across efforts against their financial net- Mr. PETERS. Mr. President, I rise to this country. works, including airstrikes on oil urge swift passage of the bipartisan In addition to advancing the next trucks and cash storage sites, have had Federal Aviation Administration Reau- generation of civilian drone develop- a meaningful impact on their fi- thorization Act of 2016 currently pend- ment, the reauthorization being con- nances—the finances of ISIS. ing on the Senate floor. sidered also supports and protects the There is evidence that ISIS has had This legislation supports U.S. jobs ability of our Air National Guard to to reduce the salaries they pay their and promotes competition while in- safely and effectively operate remotely fighters in recent months. That is good creasing safety in the national aero- piloted aircraft, or RPAs. news. I believe that if we can cut off space system. In the wake of the tragic I worked to include legislation that their money, we can significantly di- attacks in Brussels, the bill includes a helps Air National Guard units across minish their ability to operate. Mem- number of important airport security this country maintain their operations, bers of Congress should support this ef- reforms. including the Michigan Air National fort in any way we can. We are proposing to invest in our Na- Guard’s 110th Attack Wing in Battle Recently, during the month of Feb- tion’s airports by authorizing a $400 Creek, MI, which I had the privilege of ruary, I traveled to four countries to million increase for the Airport Im- visiting earlier this month. The 110th focus on part of this effort. I visited provement Program, which airports has two critical missions: operating Israel, Saudi Arabia, Turkey, and across the Nation rely on to modernize MQ–9 Reaper RPAs and a Cyber Oper- Qatar to press the foreign leaders in their infrastructure. We are also seek- ations Squadron. those countries, especially the last ing to preserve the Federal Contract three, to accelerate the fight against Tower Program, which supports gen- Michigan is proud to host these cut- terrorist financiers and facilitators. eral aviation safety, commercial air- ting-edge, high-tech military oper- Much more remains to be done to cut ports, law enforcement, and emergency ations that securely and effectively op- off the financing that ISIS receives. A medical operations. erate aircraft located thousands of recent report by the Culture Under Michigan is a large State, and our miles away supporting our troops that Threat Task Force describes ISIS as rural airports keep smaller commu- are deployed overseas. Our troops have

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.029 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 14, 2016 CONGRESSIONAL RECORD — SENATE S2087 a high demand for remotely piloted air- Mr. CORNYN. Madam President, it by our intelligence community around craft, which conduct intelligence, sur- may not look like it now, but we are the world. veillance, and reconnaissance oper- actually making great progress in mov- Those are important distinctions be- ations as well as offensive strike oper- ing forward with a critical piece of leg- cause those don’t necessarily talk to ations. islation that would reauthorize the each other. In fact, they are not con- The Air Force is working hard to Federal Aviation Administration and, nected to the Internet. The classified meet the demand for RPAs from com- in the process, make flying safer and intelligence system server is not con- manders in theater and has already in- more efficient for all of our citizens. nected to the military classified sys- creased incentive pay for RPA pilots Members across the aisle have worked tem or to the dot-gov system and cer- and doubled pilot class sizes to keep up together on this legislation, and I tainly not to the dot-com or the pri- with the demand. know we will have an important vote vate email server. Air National Guard units based in at 5:30 p.m. on Monday and hopefully I have not heard another example of the United States but flying aircraft be able to process some of the amend- anybody who has been quite so care- which could be anywhere else in the ments that have been agreed upon by less—to use the President’s term—or world add additional capacity to meet the managers of the bill, which are a reckless—to use my term—with how our global security needs. These are part of the managers’ package. private email servers are used to con- sensitive operations requiring very spe- f duct official business. There is a lot of cific infrastructure that the Air Na- risk associated with that. tional Guard has invested in at bases CALLING FOR APPOINTMENT OF A all across the country. SPECIAL COUNSEL We know the former Secretary of As certain Air National Guard units Mr. CORNYN. Madam President, I State did delete tens of thousands of operating at civilian airports, like Bat- want to turn to a topic that has con- emails that were once on the server. In tle Creek, transition from manned mis- cerned me a lot over the last year and other words, she hadn’t turned those sions to remotely piloted aircraft mis- troubles me more each day, and that is over to the State Department to vet sions, they are concerned the airport the use by former Secretary of State and determine whether they complied where they lease their base could be Hillary Clinton of an unsecured private with court orders requiring the State forced to either raise their rent or risk email server while serving as our Na- Department to produce emails that losing eligibility for much needed FAA tion’s top diplomat. We have known were producible under the Freedom of grants. I worked with my colleagues— about her private email server for a Information Act. She just deleted Senators COTTON and ERNST—on legis- while now and the great lengths she them. lation to prevent this unfair and un- has gone to avoid compliance with We know that her emails contained necessary choice for Battle Creek and some pretty important laws that Con- classified information, some at very other airports across the country. I am gress has passed and that have been high levels of government classifica- proud this provision has been included signed into law by the President of the tion. As many of our Nation’s top secu- in the legislation we are considering United States. rity experts will tell you, it is likely today, which will prevent the FAA I believe transparency in government that our adversaries had easy access to from denying grant funding on the is very important in terms of building and monitored Secretary Clinton’s un- basis that an airport renews a low-cost public confidence for what we are actu- secured server, as well as the sensitive lease with a military unit, regardless ally doing. That is why even when I communications that were contained of whether that unit operates aircraft was at the State level as Texas Attor- on it. physically stationed at the airport. ney General, I was an avid supporter of As Secretary of State, you are a While I understand the FAA’s inter- open records and open meetings legis- member of the President’s Cabinet. est in ensuring that airports receive a lation so the public had access and saw You are operating at the highest levels fair rate for the space they lease, I am their right to know honored. of classification with very sensitive in- Here in Congress, since I have gotten glad this legislation will clarify that formation, and it is simply irrespon- here, I have been working closely with military units, including the National sible to subject that information to the my ideological opposite, Senator PAT Guard, can continue to receive nominal efforts by our Nation’s adversaries to leases. If an airport and a military unit LEAHY from Vermont, with him on the capture and read it and use it to their agree to renew a low-cost lease, they left end of the spectrum and me on the advantage. should be able to proceed without con- right end of the spectrum, but both All of this should concern all of us. I cern the FAA will revoke the airport’s agreeing that the public’s right to am not just talking about the political grant authority. know is so important when it comes to ramifications. This is not primarily The communities that host our mili- self-government and what the public about politics. But Secretary Clinton’s tary bases are proud of their role in na- doesn’t know can hurt them. That is actions were such an extreme breach of tional defense. why when Lyndon Johnson signed the These airports shouldn’t have to Freedom of Information Act into law, the Nation’s confidence, and they po- choose between continuing to host a it passed with such broad support, and tentially gave away extremely sen- military tenant and maintaining eligi- it continues to enjoy that kind of sitive information that put our na- bility for grants that can improve the broad support today. It applies the tional security in jeopardy, not to safety and efficiency of local airport principle of transparency and account- mention the lives of those who serve operations. ability, and in the process, it helps our country in the intelligence commu- Again, I want to applaud Leader build confidence for what Congress is nity and whose very identity may have been revealed by this very sensitive MCCONNELL, Leader REID, Chairman doing on the people’s behalf. classified information. THUNE, and Ranking Member NELSON It is pretty clear that Secretary Clin- for their work on this important bipar- ton sought to evade those important This is not a trivial matter. We need tisan legislation, and I urge my col- laws by setting up this private email to treat this seriously, and the facts leagues to support its passage early server. must be pursued in a thorough, impar- next week. I know most people are familiar with tial investigation. I know most people I suggest the absence of a quorum. the dot-com domains that we use per- don’t really believe there is such a The PRESIDING OFFICER (Mrs. haps at your home or my home, and we thing as an impartial investigation CAPITO). The clerk will call the roll. have the dot-gov domain, which is used here in Washington, DC, but there is a The legislative clerk proceeded to by government agencies and the like. category of counsel that has been cre- call the roll. But then there is a dot-mil, which is ated by Congress to provide some Mr. CORNYN. Madam President, I used by the Department of Defense and measure of independence from the De- ask unanimous consent that the order is a classified system. There is actually partment of Justice. That is called a for the quorum call be rescinded. another system that operates inde- special counsel. It is up to the Attor- The PRESIDING OFFICER. Without pendently which carries the most sen- ney General herself whether to appoint objection, it is so ordered. sitive classified information circulated the special counsel when she recognizes

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Given the unprecedented nature of Secretary Clinton’s front line of de- Well, the threat of a President influ- this case and the unavoidable conflicts fense. encing an ongoing investigation inten- of interest, I strongly believe there is Here is President Obama in the same tionally or otherwise is not something no other appropriate action for Attor- interview. He said that he ‘‘continues we must just accept. What we need is ney General Loretta Lynch to take to believe that [Secretary Clinton] has an investigation that is as independent than to appoint a special counsel in not jeopardized America’s national se- as possible. this case to get to the bottom of it, to curity.’’ I hope the Attorney General, in light follow the facts to wherever they may How in the world could the President of the President’s comments and his lead, and to make sure the law is ap- possibly know that if, in fact, there is attempt to influence the investiga- plied impartially and fairly wherever a strict line between himself and the tion—I can think of no other reason he those may fall. investigation? would say what he did—reconsiders her The American people were reminded Attorney General Lynch has testified refusal to appoint a special counsel in of the need for a special counsel last and stated in front of the Senate Judi- this case. At the very least, I hope the weekend when, once again, President ciary Committee—and FBI Director President quits talking about a subject Obama opined publicly about the inves- Comey has likewise testified—that he knows nothing about, which is what tigation. In an interview on Sunday, there has been no reporting to the the investigation is revealing, and let President Obama dismissed the email White House about the results of the the Justice Department do its job with- scandal by splitting hairs about how ongoing investigation. Everybody un- out feeling the pressure that appar- the government classifies information. derstands that would be improper, but ently the White House is attempting to According to the President—get this— somehow the President suggests it is impose on the FBI and the Department ‘‘there’s classified, and then there’s all OK and that he knows, when, in of Justice. classified’’ information. fact, he doesn’t know. I yield the floor. He was attempting to draw meaning- How could the President possibly I suggest the absence of a quorum. less distinctions between levels of clas- know that, especially when—as the The PRESIDING OFFICER. The sification, suggesting that release or President made clear last Sunday—he clerk will call the roll. exposure of some classified information has not been ‘‘sorting through each and The senior assistant legislative clerk was OK as long as it wasn’t the ‘‘classi- every aspect’’ of the issue? By the proceeded to call the roll. fied’’ information, which supposedly he President’s own admission, he doesn’t Mr. RUBIO. Madam President, I ask would say should be kept from our Na- talk to the Attorney General or the unanimous consent that the order for tion’s adversaries and kept confiden- FBI Director about ongoing investiga- the quorum call be rescinded. tial. tions, and he certainly isn’t conducting The PRESIDING OFFICER. Without President Obama, in other words, was it, so he wouldn’t have personal knowl- objection, it is so ordered. trying to indicate that even though edge. Under no circumstance is this f classified information was on Sec- kind of commentary by the President retary Clinton’s private server, he OK. There is simply no way to read this ZIKA VIRUS somehow divined that it was not so without running a serious risk of try- Mr. RUBIO. Madam President, I am sensitive that it would put our country ing to influence the outcome of the in- here today to talk about the Zika in jeopardy. vestigation, which everybody should virus, which we have been hearing a lot First of all, we know that some of recognize would be completely im- about in the news lately. It is a virus Secretary Clinton’s emails were classi- proper. The President has done this be- that first began to appear—well, obvi- fied even beyond confidential, to the fore and so has his spokesman, the ously it has been around for a long secret and top secret special access White House Press Secretary. Time and time, but we began to see it in the program levels—some of the highest again the White House has projected news lately with regard to its implica- levels of classification. Second, the its desired outcome in this investiga- tions in Brazil and Latin America. But President’s comments have to be con- tion to the public and, worse, to those it has now found its way here to the fusing to many public servants around people conducting it. As I said, it is United States, and there has been a lot the country, who, as part of their daily completely inappropriate, but don’t of discussion about it. work, handle classified information just take it from me. As the Presiding Officer knows, the and the way they do it when they are As I mentioned a moment ago, last President has requested $1.9 billion to issued a national security clearance or month the Judiciary Committee heard deal with it. There are a lot of different sign a nondisclosure agreement. Ac- testimony from Attorney General Lo- things we need to do to address it. cording to the President, it must be OK retta Lynch. I conveyed to her at the There has been a little bit of a squabble to expose some classified information time the need for a special counsel to in the Congress about whether we to public view but not others. I can investigate the case. At the hearing, should be spending that much money guess that people who work in that Attorney General Lynch testified that on it. world must be somewhat confused and it was her hope that everyone, includ- So one of the things I argued for— perplexed by the President’s state- ing the White House, would stay silent and it has happened—is that we should ment. when it comes to commenting on an take some of the money that was set To dismissively talk about the dif- ongoing investigation by the FBI. aside for Ebola when the Ebola crisis ferent levels of classification is not I couldn’t agree with her more. The was going on—it was about $500 million only wrong but, frankly, it is insulting responsible thing for the President to of that that had been unspent. I argued to Americans who work tirelessly on a do would be to say nothing, particu- that before we go to the $1.9 billion, daily basis to protect our national se- larly if he knows nothing about the there was $500 million immediately curity and, in particular, to those who content of an ongoing criminal inves- available. Let’s assign that to be used. go to great lengths to properly and tigation. I wish the President would The President has agreed to do that. carefully handle classified information, take the advice of his lawyer, the At- But there is still a shortfall on this even when it isn’t particularly conven- torney General of the United States, issue. It does need to be addressed. I ient. and respect her prerogative as the Na- hope we can find a way to address it. But perhaps worse, the President was tion’s chief law enforcement officer Obviously my political differences opining publicly on the results of an and the reputation of the Federal Bu- with the policies of the White House ongoing criminal investigation over reau of Investigation. Director Comey are well known and established, but which it turns out he knows absolutely made it clear that the FBI does not this is an issue where I believe and I nothing—at least if you believe the key care for politics. It doesn’t play poli- hope they will be supportive of this re- players in that investigation. Although tics. In fact, the credibility and integ- quest.

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.032 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 14, 2016 CONGRESSIONAL RECORD — SENATE S2089 To be abundantly clear, it is not just 30 States rather than 12, as previously mally extremely rare. A 2001 review in about throwing money at it. We have thought. So that, too, indicates that a medical journal identified only 20 to make sure the money is being spent this could be a very serious issue that cases, according to the CDC. So this is on the right things. This is not just could find itself in places outside of the something we are looking at that does saying ‘‘Here is $1.9 billion’’ and throw- tropical climates to which we once not normally happen as a normal risk, ing the money at Zika; you want to thought it was limited. but it is clearly being exacerbated by make sure, No. 1, it is all being spent On Wednesday, the Centers for Dis- the Zika virus. In fact, in MRI images on dealing with the virus. Oftentimes ease Control—this was last Wednes- published by the BMG study, one baby in this place, when money is assigned day—the CDC said that it is now clear appears to have a very small, even non- for a catastrophe or a disaster or any- that Zika definitely causes severe birth existent brain. Judging by the damage thing like this, a breakout of a disease, defects. Confirming the worst fears of on the MRI, the baby in that image is suddenly you see all kinds of other many pregnant women in the United likely to have severe cognitive impair- ideas and programs attached to it that States and Latin America, U.S. health ment and may be unable to learn to have nothing to do with the primary officials said Wednesday that there is walk or talk. reason the money is being spent. So we no longer any doubt that the Zika So that is why the same day I sent a want to make sure, No. 1, that if there virus causes babies to be born with ab- letter to the Centers for Disease Con- is $1.9 billion that is going to be spent normally small heads and other severe trol. I sent a letter to them regarding on this, that all of it is spent on this brain defects. the Zika testing backlog. and not on some other thing. This is something that now—looking On April 8, I hosted a briefing in The second is, we want to make sure at what has happened in Brazil and Miami—a week ago tomorrow. Some the money is being spent on the right other parts of the country, there is now State health departments, local health things. What are the right things? real concern about what this can mean departments, and county government Well, we have discussed those over the for pregnant women and the ability to officials were represented. I included last few days. One of the most impor- transmit that to their unborn child. health officers from Puerto Rico. I pub- tant things that need to happen long The effects of it are devastating. licly, as I said at the time, offered my term is the money necessary for basic Initially it was thought that the support for the President’s emergency research to incentivize the vaccine. Zika virus is very dangerous if you supplemental funding request. While I heard there were many obsta- There is a belief that they can pretty contract it in the first trimester but cles that we face in fighting Zika, one quickly get to a vaccine that will pro- that after that the risk is no longer as aspect I heard about repeatedly was tect people from this. That is impor- grave. But on Thursday of this week, the distressing length of time it takes tant. we got the news—this was reported in for diagnostic tests to be completed. I I think there needs to be thought put USA TODAY—that the Zika virus may, have subsequently seen media reports into the testing. Today, testing for the in fact, affect babies even in the later of pregnant women who have waited up Zika virus is less than reliable. There stages of pregnancy. The Zika virus to a month for the CDC to complete is not a commercially available test. may pose a threat to women and their their diagnostic tests for the Zika For example, in Florida, if you want to fetuses even in the later stages of preg- virus while fearful mothers anxiously be tested for Zika, it has to be through nancy, according to a study published online Wednesday in the BMG, which waited to know their child’s fate. the State department of health. You Of course, we are still waiting for the was formerly known as the British cannot go down to Quest Laboratory or supplemental request to be passed, and Medical Journal. one of the providers of lab tests and get I hope we can do that quickly. There it. There is not a commercially avail- Doctors initially suspected that Zika infections, which are largely spread by really is no reason to wait on this. able test. So that has to be improved as But until Congress approves the re- mosquitoes, would be most harmful to well. quest, I urge the Centers for Disease fetuses in the first trimester or the Those are the sorts of things I hope Control and Prevention to use what- the money will be geared towards. This first 3 months of a 9-month pregnancy. ever steps are necessary to dedicate is why it is so important. I don’t want In this study, however, 23 percent of currently available resources to clear- us to take our eyes off of this because the mothers of babies with ing its current backlog of Zika diag- if this issue really takes off on us here microcephaly were infected with Zika nostic tests and to prioritize these in the United States, we don’t want to in the second trimester. Two mothers tests for women who are pregnant. say that we knew it was happening but were infected in the sixth month of I believe these essential steps will we ignored it and did nothing about it. pregnancy. None were infected in the help us not only to ease mothers’ On Monday of this week, there was a third trimester. minds who test negative for the virus Reuter’s report in which U.S. officials The babies in the study had problems but also to provide critical care for a warned that the Zika virus is ‘‘scarier’’ that went far beyond simply small child whose mother tests positive for than they initially thought. The Zika heads. The brain damage seen in the the Zika virus. We know that screening virus is now present in about 30 States. study was ‘‘extremely severe, indi- for microcephaly should happen early And by the way, there are hundreds of cating a poor prognosis,’’ according to and often, and receiving the results of thousands of infections that could ap- the study. a diagnostic test is the first step in pear in the territory of Puerto Rico. The authors of the report have now that process. The CDC should have the Here is a quote from the Deputy Di- expanded the study to a total of 130 ba- capability to provide those services im- rector of the U.S. Centers for Disease bies with microcephaly. Several in- mediately to those who are waiting. Control and Prevention: fants have had epileptic seizures within Ultimately, it is my hope that the Everything we look at with this virus 3 to 5 months after birth. The extent of U.S. Food and Drug Administration seems to be a bit scarier than we initially the brain damage seen in the babies in will approve a commercial Zika diag- thought. And so while we absolutely hope we the study, which was captured in MRI nostic test in the near future so that don’t see widespread local transmission in images, was ‘‘stunning,’’ according to these tests are more broadly available. the Continental United States, we need the James Bale, Jr., a professor of pedi- One more thing that was reported on States to be ready for that. atric neurology at the University of Wednesday was that the House GOP is As of now, from my understanding, Utah School of Medicine. This is the readying a Zika funding plan. House there has only been one case of trans- quote: ‘‘This is a really remarkable de- leaders are working on approving more mission in the continental United gree of damage.’’ Babies with this con- funding by the end of this year. Once States. That happens to be in Polk dition have severe microcephaly, extra again, I encourage them to do so in County, FL. But there are dozens in scalp skin, intellectual disabilities, and light of the circumstances we now face. the territory of Puerto Rico. So this is prominent occipital bone, which is lo- I am not saying this is going to be an deeply concerning. cated at the back of the head, accord- outbreak of crisis proportions, but I am The other thing they found is that ing to the CDC. saying that for a family that is poten- the mosquito species that primarily By the way, these fetal brain disrup- tially impacted by this, it will be a cri- transmits the virus is present in about tions we have talked about are nor- sis. I am saying that it is important for

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.034 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2090 CONGRESSIONAL RECORD — SENATE April 14, 2016 these testing kits to be available—not We talked about people not allowing ing them top dollar to come in from only for the expectant mothers or po- bodies of water, whether it is overseas. tentially pregnant but also for men be- undrained pools or puddles of water in But here is the reality. In fact, the cause, as we know, the Zika virus can your backyard. These mosquitoes can top recipients of H–1B visas are foreign also be transmitted sexually, as it was grow in water containers as small as companies that use loopholes in the in the transmission that occurred in the cap of a bottle of water. They don’t law to displace qualified American Polk County, FL. need a lot of water in order to repro- workers and send American jobs off- Beyond it, I hope that in this funding duce and grow. So there are things we shore. request we don’t wait until the end of need to do in our own lives to take per- In 2013, outsourcing firms received the year. The summer months are com- sonal responsibility for dealing with more than 50 percent of the annual H– ing, and these are the months where the Zika virus. 1B visa cap. Think about that. Over the spread of these mosquitoes—the But there is a proper role for govern- half of these H–1B visas, designed to two strains of the two types of species ment, and I hope we will play it. We bring skilled foreign workers into the of mosquitoes that carry the virus—are have an obligation to hold the govern- United States, are being given to for- going to be prevalent in many parts of ment responsible to ensure that the eign outsourcing companies. the country. It is the time of year money that is appropriated is just It sounds wrong; doesn’t it? when many people find themselves out- being spent on Zika and is being spent In 2014, 15 of the top 20 H–1B employ- doors exposed to these mosquitoes. appropriately on things that work. We ers used the H–1B visa primarily to off- I hope the funding request can be in should be working with our local and shore American jobs; that is, to take place and that we don’t wait until the State partners to ensure that we are Americans, put them out of work, and end of the year to deal with this. It funding the programs that work and have foreign workers take their jobs. shouldn’t take this long. Look, I be- need to be funded. But I think we need These 15 firms gobbled up over 190,000 lieve in limited government, but I do to get it done. I hope we can get it done new H–1B visas over 10 years. believe one of the obligations of a lim- here rather quickly because the sum- This is how it works. Foreign out- ited Federal Government is to protect mer is upon us. I don’t think we want sourcing companies import thousands our people from dangers, whether they to be halfway through the summer and of foreign guest workers using H–1B be foreign enemies or the risk of dis- wake up to the news that hundreds and visas. These companies then cut deals ease outbreak. hundreds of Americans in multiple with American companies to outsource I hope we will move forward on this States have been infected and we did American jobs and to move them off- endeavor because it is important. It is nothing. We will have to explain that shore. The United States keeps them in a proper function of government. We to our constituents, and I am not sure the United States but with these for- shouldn’t be sitting here 6 months from we are going to have a good expla- eign workers. The U.S. company gives now regretting that we didn’t act soon- nation if we don’t have it. their American workers notice that er. I hope we will move promptly and With that, I yield the floor. they will be fired. But before the Amer- quickly both in the House and then in Madam President, I suggest the ab- ican workers are laid off—listen to the Senate to address this issue. sence of a quorum. this—the American workers are forced I also wish to say that I don’t want The PRESIDING OFFICER. The to train the foreign guest workers who to forget about Puerto Rico. Often- clerk will call the roll. are going to take over their jobs. times people forget that Puerto Rico is The legislative clerk proceeded to After they are trained, the outsourc- the United States. The people who live call the roll. ing company returns the foreign work- there are U.S. citizens. Mr. DURBIN. Madam President, I ask ers to their home country where—guess There is already a severe outbreak unanimous consent that the order for what—they compete with the United when it comes to Puerto Rico. They the quorum call be rescinded. States. are already facing this crisis. So it is The PRESIDING OFFICER. Without Most of these foreign outsourcing important. If this were one of the 50 objection, it is so ordered. companies are from India: Infosys, States, they would have a Senator on f Tata, and Wipro. You may not recog- the floor right now, maybe two, argu- nize those names, but they are making ing on behalf of them. Obviously, Puer- REFORMING THE H–1B VISA billions of dollars using the H–1B visa to Rico doesn’t have a Senator elected PROGRAM to outsource American jobs and dis- from the island. Mr. DURBIN. Madam President, I place American workers. I stand here today on their behalf to rise to speak about H–1B visas, often A high-ranking Indian Government argue that this is an important issue called the high-skilled immigration official even called the H–1B visa ‘‘the that needs to be addressed for the sake visa. Every year, the U.S. Government outsourcing visa.’’ The International of our country, but most immediately issues 85,000 new H–1B visas, including Herald Tribune investigated these In- for the sake of the territory of Puerto 20,000 for workers with advanced de- dian companies, and this is what they Rico. I hope we will move quickly to grees. This is in addition to hundreds concluded: ‘‘Rather than building a confront this issue and to solve it. of thousands of foreign workers already thriving community of experts and I close by saying one more thing. in the United States on H–1B visas. innovators in the United States, the While government has an important Beginning on April 1, employers can Indian firms seek to funnel work—and role to play, ultimately we have a re- submit petitions for new H–1B visas. expertise—away from the country.’’ sponsibility. If you are traveling to Every year, within a few days, the gov- Congress intended the H–1B program parts of this world where you might be ernment announces that it has received to allow an employer to hire a skilled exposed to the virus, you have an obli- many more petitions for visas than the foreign worker in a specialized occupa- gation to get tested to ensure that you number of visas available. tion when the American employer are not going to be transmitting this The government then conducts a ran- couldn’t find an American worker with to your partner. dom lottery to decide which employers those skills and abilities. As I argued last week at my press will receive the visas. Every year this We didn’t create this program for for- conference, if you are going to be out- leads to a hue and cry from our busi- eign outsourcing firms to exploit the doors, you have an obligation to use ness community about the need to in- program and to bring foreign workers mosquito repellant to protect yourself crease the annual cap for H–1B visas. to our country to be trained by tal- and your family from being exposed to Like clockwork, this process played ented American workers in order to see this, just the same way you would wear out last week, just as it does every their jobs shipped away. sunscreen. It is important for us more year. Let’s take a look at what hap- So let’s take an example. In the last this summer than any other. pened. year alone, media reports have docu- It is not only Zika that mosquitoes When most people think of H–1B mented the replacement of hundreds of transmit. They transmit all kinds of visas, they think of big tech companies American workers by these foreign other very serious illnesses. There is a like Microsoft, Google, and Apple hir- outsourcing companies. Let me give an level of personal responsibility here. ing top-notch computer engineers, pay- example close to home. Abbott Labs of

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.035 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 14, 2016 CONGRESSIONAL RECORD — SENATE S2091 Illinois, headquartered near Chicago, CHUCK GRASSLEY and DICK DURBIN were crease—increase—the annual cap for H– signed a contract for information tech- on the front page of a lot of Indian 1B visas to 325,000 per year—almost nology services with Wipro, one of the newspapers. Listen to the corporate four times the current number. largest foreign outsourcing companies jargon Wipro uses to talk about our Nonetheless, if they have changed based in India and one of the top users bill: their mind out on the campaign trail, of the H–1B visa program. With the growth of offshore outsourcing we welcome that change of heart and Here is how it worked: Approxi- receiving increasing political and media at- welcome them to this debate. We must mately 150 U.S. employees at Abbott tention, there have been concerted efforts to reform the H–1B visa program and fix Labs in Illinois are going to lose their enact new legislation to restrict offshore other parts of our broken immigration jobs. The workers being laid off have outsourcing. This may adversely impact our system to protect American and immi- stellar experience—many of them have ability to do business in these jurisdictions grant workers. The solution is still been at Abbott for years. They have and could adversely affect our revenues and operating profitability. comprehensive immigration reform. the credentials, the performance re- The time for action is now. Congress views, and some have amazing work Let me be clear. My first obligation has avoided its responsibility for far records spanning decades at Abbott as a U.S. Senator is to protect Amer- too long. Labs. I know from recent conversations ican workers. If that adversely affects Madam President, I yield the floor. with Abbott Labs employees that this the profits of a foreign company that I suggest the absence of a quorum. layoff is taking its toll on the morale specializes in outsourcing American The PRESIDING OFFICER. The of their remaining workforce. jobs, so be it. clerk will call the roll. When I heard about these plans, I In 2013 I joined the Gang of 8—Demo- The legislative clerk proceeded to wrote to Miles White, the CEO of Ab- crats and Republicans—and we put to- call the roll. bott Labs. I urged him to reconsider gether a comprehensive immigration Mr. SULLIVAN. Madam President, I this plan and to keep his American reform bill. Corporate interests fought ask unanimous consent that the order workers who have worked so hard for hard to protect these H–1B visas, but for the quorum call be rescinded. Abbott Labs for years. Well, I am sorry we successfully included several impor- The PRESIDING OFFICER. Without to report he responded to my letter and tant changes to the program in the objection, it is so ordered. bill. Let me give an example. Under confirmed his company’s plans to ter- f minate these American workers. current law, employers are permitted I am very concerned about Abbott to pay H–1B visa holders substandard WORKING WITH OUR ALLIES Labs because they have required the wages, which creates an incentive to Mr. SULLIVAN. Madam President, I employees who are losing their jobs fire Americans and hire foreign work- wish to spend a few minutes talking and being laid off to sign away their ers. about our allies across the globe, and I right to sue or even disparage the com- The vice president of Tata, out of am doing so because they are impor- pany if they want to receive any sever- India, one of the leading foreign out- tant to our national security. That ance pay. As a result of this agree- sourcing firms, candidly acknowledged seems to be an obvious statement, but ment, Congress and the American peo- they use H–1B visas to undercut Amer- our allies seem to be getting a bit of a ple are unable to hear directly from the ican workers. Here is what he said: bipartisan short shrift of late. I come employees who are affected by this de- Our wage per employee is 20–25 percent to the floor of the Senate to talk about cision at Abbott Labs—employees who lesser than U.S. wage for a similar employee. how important they are to our Nation, are losing their jobs to Wipro, an In- . . . The issue is that of getting workers in to our citizens. It is bipartisan, as I dian company that specializes in out- the U.S. on wages far lower than local wage. mentioned. sourcing American jobs. Abbot employ- He was pretty candid about it. The As many of us have read, on the cam- ees have told my staff they were con- object is to put Americans out of work paign trail Presidential candidate Don- cerned that even if they spoke with our and to charge less than what the Amer- ald Trump has been critical of NATO, office about what was happening at Ab- icans are being paid. So I wrote a pro- has been critical of our Asia-Pacific al- bott Labs, they could be placed in jeop- vision in the 2013 comprehensive immi- lies. Meanwhile—and in many ways it ardy. gration reform bill that discouraged hasn’t gotten the news it deserves be- Other companies that have signed employers from hiring foreign workers cause it is a sitting President—in a re- contracts with foreign outsourcing as a source of cheap labor by doubling cent article in The Atlantic by Jeffrey companies to replace American work- the minimum wage of H–1B employees, Goldberg entitled ‘‘The Obama Doc- ers have also forced their employees to and employers of large numbers of H– trine,’’ President Obama himself is sign these nondisparagement agree- 1B visa holders would be required to dismissive of many U.S. allies around ments. So we are in the dark about the pay, at a minimum, the average wage the world. human impact of these outsourcing ar- paid to an American. That is why the I thought it was important to talk a rangements on the Americans losing chief executive of Tata in India said little bit about our allies and how im- their jobs. What we do know is this: 150 our bill would have been ‘‘very tough’’ portant they are to U.S. security and skilled and experienced American on outsourcing companies. So be it. to expanding American influence glob- workers will lose their jobs and have The Senate passed that bill on this ally. had to sign an agreement that they floor 68 to 32. Unfortunately, the Re- Let’s start with Mr. Trump. He has will not say anything negative about publican leadership in the House of called NATO—which, by the way, hap- their current employer. If they do not Representatives refused to even call pens to be one of the most successful comply with that, they do not get their the bill. They wouldn’t debate it or call alliances in the history of the world— severance pay. it for a vote. an alliance that is ‘‘obsolete’’ and ‘‘too I sent a followup letter to Mr. White Now, the two leading Republican expensive.’’ About the members of the today about the gag order he has forced Presidential candidates, Donald Trump 28-nation alliance, he said: ‘‘Either on his employees. We should be able to and the junior Senator from Texas, they pay up, including for past defi- hear firsthand from workers who are have jumped on the bandwagon. They ciencies, or they have to get out. And losing their jobs because of outsourcing want to reform the H–1B program. Un- if it breaks up NATO, it breaks up as to just exactly what is happening to fortunately, their track records call NATO.’’ Oh, well. So much for the them. into question their real commitment. world’s most successful alliance. Senator CHUCK GRASSLEY and I first Mr. Trump owns companies that have However, contrary to public percep- introduced bipartisan legislation to re- sought to import at least 1,000 tem- tion, the United States does not pay form the H–1B visa program in 2007—al- porary guest workers while turning for a majority of NATO’s spending. We most a decade ago. Our bill would end away hundreds of American workers. pay about 22 percent of NATO’s com- these abuses and protect American and In 2013, when the Judiciary Committee mon-funded budgets and programs for foreign workers from exploitation. The considered the comprehensive immi- all of NATO—about 22 percent. outsourcing companies are worried gration reform bill, Senator CRUZ of The Secretary General of NATO, Jens about our legislation. For a long time, Texas offered an amendment to in- Stoltenberg, was here last week, and he

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.037 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2092 CONGRESSIONAL RECORD — SENATE April 14, 2016 informed me and many of my col- spend more, but there is a big dif- Central Command. There is a big sec- leagues on the Senate Armed Services ference saying we don’t need our allies. tion in there about how the President Committee that most NATO countries Let me say that we should all under- viewed Ronald Reagan’s leadership and have stopped their decline in defense stand that Mr. Trump, Donald Trump— shortcomings in foreign affairs. Every- spending and have recommitted to he is a candidate. He is certainly not body seems to be lacking in the Presi- NATO’s goal of 2 percent of their GDP an expert on national security affairs. dent’s eyes. toward defense spending. That is im- And his views certainly reflect the It is not just individuals, it is the portant—working on the finances, re- frustrations that many Americans and way we, as a Nation, supposedly con- versing this trend. But here is the key many Members of Congress have about duct our foreign policy. By the Presi- point: It is not just about finances. allies who are not spending as much on dent’s own account, he has been a bul- Over 1,000 non-U.S. NATO troops have defense. Of course we know this often wark against American hubris, self- been killed in action in Afghanistan happens during elections. We have seen righteousness—his words—in foreign coming to our defense after 9/11, going that. It is an outgrowth of frustrations. affairs. Let me repeat that. His view is after the terrorists who killed over But what is unprecedented is for a that he has been a bulwark against our 3,000 Americans on 9/11. Over 1,000 of sitting President to be dismissive and hubris and our self-righteousness in our NATO allies have paid the ultimate even disdainful of our most important foreign affairs. As the Presiding Officer knows, price. You can’t put a price tag on allies in a publication read by millions. whether it is Alaska or West Virginia, that. Thousands more have been To do so is not only unpresidential, it most Americans understand another wounded. Some sacrifices can’t be threatens to undermine ongoing U.S. more historically accurate narrative of measured in just dollars. national security interests. Based on his comments, Mr. Trump I want to talk a little bit about The our role in foreign affairs throughout also does not seem to fully comprehend Atlantic article that I mentioned ear- the world. It is not one of hubris, but how the presence of American troops in lier, written by Jeffrey Goldberg. Mr. one of sacrifice, commitment, and the Asia-Pacific has been the linchpin Goldberg, who had enormous access to courage in defending freedom for hun- dreds of millions of people across the of security and prosperity in the region the President for I think well over a globe. That has been the role of the for more than 70 years. Today our al- year—traveled with him all over on Air United States, and for decades, espe- lies in the Asia-Pacific are substan- Force One, had numerous interviews— cially since World War II, there has tially increasing their financial and in his article, he takes us on a trip been a bipartisan, long-term effort by military commitments in that region. across the globe through the eyes of truly some of the smartest people in Let me give a few examples. President Obama. I would encourage Under Prime Minister Abe’s leader- all of my colleagues in this body to American foreign policy who were ship, Japan has amended its Constitu- read that article. ‘‘present at the creation,’’ and be- yond—as Dean Acheson said in his tion to do much more militarily in As I mentioned, Mr. Goldberg has sig- autobiography—into deepening our re- terms of being able to work with us nificant access to the President, but lationship with other countries and, as and even defend U.S. forces in the re- the tour across the world leaves us no part of doing that, establishing the for- gion. As we are looking to rebalance doubt that the President not only ward presence of U.S. military power and reposition U.S. forces in the Asia- views himself as the smartest man in around the world. These were some of Pacific over the next several years, the the room, he is the smartest man in America’s best minds—Marshall, Ach- estimates from Pacific Command are the world. In Mr. Goldberg’s words, President Obama ‘‘has found world eson, George Schultz. that is going to cost about $37 billion, Why did they do this? Because forg- leadership wanting: global partners repositioning U.S. forces in the Asia- ing these alliances ultimately not only who often lack the vision and the will Pacific. It is a very important part of advances the goal of freedom and a our strategy. It is a strategy, by the to spend political capital in pursuit of more peaceful and prosperous world, way, that—the President talks about broad, progressive goals, and adver- but it also helps ensure that American the rebalance, which I think is smart, saries who are not, in his mind, as ra- influence and power remain pre- in the Asia-Pacific. Of that $37 billion tional as he is.’’ eminent and, most importantly, that The President assesses the very for our forces and the military con- our citizens remain safe. struction that is going to take place strengths and weaknesses of our allies. In assessing our significant inter- with this rebalance, about $30 billion In his view, only German Chancellor national challenges right now, one cen- will be paid by Japan and Korea. That Angela Merkel measures up. There is a tral truth stands out: Many of our en- is certainly paying their way. whole list of leaders from countries emies and potential adversaries and ri- Let me give a couple of examples. that are allies of the United States and vals are ally poor while the United Camp Humphreys—that is an Army are mentioned in this article. The States is ally rich. Think of countries base in Korea—we are moving a lot of President calls the President of a crit- like Russia, China, Iran, North Korea, forces there, doing a lot of military ical NATO country a ‘‘failure,’’ and he and terrorist groups like ISIS. They construction there, and it is going to is openly disapproving of the leadership have very few allies. Very few other cost about $11 billion. Ninety-one per- role of Britain and France and openly countries are running to them right cent of that is going to be paid by complaining that neither did their part now. Then think about our allies Korea—for U.S. military forces. with regard to Libya, where the Obama throughout the world. It is time to rec- In Guam—U.S. territory where we administration famously, or infa- ognize and double down on this unique- are repositioning marines and other mously, announced it was leading from ly American comparative advantage in critical military assets in the Asia-Pa- behind. foreign affairs. We are ally rich. Our ri- cific—Japan is paying $3 billion for The jabs and the stories in the Gold- vals are ally poor. We need to take ad- that repositioning on U.S. territory. It berg piece at other leaders, such as the vantage of it. Yet the Obama adminis- is the first time ever. A foreign coun- leaders of Jordan, Israel, and Saudi tration seems to have ignored it. try is paying for military construction Arabia, are gratuitous. These might be Indeed, Secretary of State John on our territory. appropriate for later in the President’s Kerry has spent more time wooing ad- The bottom line is that there is no memoirs, as he is writing his memoirs versaries like Iran and Russia than doubt that our allies around the world, talking about world leaders and where doing the hard work of deepening the particularly in Europe, need to do more they measure up and where they are bonds of trust with our allies. Coupled in terms of defense spending. Many weak, but not while he is still the with the President’s remarks in the At- people have spoken on this. Former President. He still has work to do for lantic, his missives directed at friends Secretary Gates—very well respected— our country. make it seem as if they are actually re- raises this in his recent bio. But it is The President even trains his fire on pelling allies, not working with them simply erroneous to suggest that American leaders, members of the for- and building up trust. This, of course, America would be better off without eign policy establishment, and even is a mistake. NATO or without our Asia-Pacific al- GEN Lloyd Austin, the well-respected Like many in this body, I have had lies and alliances. Yes, they need to and recently retired commander of U.S. the opportunity to serve my country in

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.038 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 14, 2016 CONGRESSIONAL RECORD — SENATE S2093 different capacities, trying to work to military colleges in the Nation to Why do I say that? advance the national security of our admit women, beginning yet another Here’s one reason: 6-year-old Californian Nation. I have had the opportunity to proud chapter in its history. Today the Rylie Rahall, diagnosed with a genetic dis- order called Ataxia-Telangiectasia or A–T, see the positive results of the carefully school ranks among the top institu- so rare—according to NIH—that it affects be- woven fabric of decades of bipartisan tions for education in the realm of tween 1 out of 40,000 and 1 out of 100,000. American diplomacy, military engage- cyber security, an essential profes- A bill we’re voting on today will support ment, and leadership throughout the sional discipline nurtured early on the president’s Precision Medicine Initiative world. Without American leaders who largely because of the forethought of to map 1 million genomes to help researchers understand history and the important Norwich University personnel. I am tailor treatments to genetic variations and role our allies play in America’s secu- confident this trend of success will con- find cures for diseases, including rare dis- rity and prosperity, the fabric of our tinue. eases like A–T, and help children like Rylie. Rylie’s mom, Erica, says: alliances put together over decades The faculty and staff at Norwich help ‘‘At the time Rylie was diagnosed, I felt threatens to unravel. If that happens, produce highly motivated, well-trained more helpless than hopeful. . . . There are no the world is going to become a much graduates who are simply eager to drugs. There is no cure. There is nothing to more dangerous place. serve. Their role as educators and men- stop this disease and nothing you can do to Our Founding Fathers provided the tors creates connections that last save your child. . . . Five years later all of Senate with significant responsibility throughout the military and civilian that is changing. There is more research in terms of foreign affairs, and I am careers of graduates and, in turn, fos- than ever happening. We are closer than ever to clinical trials . . . Hopeful.’’ hopeful that every Member of this body ters a powerful alumni connection that Here’s another reason: will redouble their efforts to reach out brings even more experience and wis- In a floor speech in 2013, Senator Isakson and to work with our allies so we don’t dom to the next generation of students. talked about battling a superbug, an infec- continue this trend where leaders cur- Vermonters take great pride in their tion that runs out of control and resists rently in the White House, or perhaps educational institutions, and Norwich treatment by common antibiotics. We are potential occupants of the White University is no exception. Students voting today on a bill by senators Hatch and House, view our allies as a burden when arrive from around the Nation to study Bennet to shorten the development of treat- in reality they are a key component of in both corps of cadets and traditional ments for superbugs. And another reason: A 2012 bill sponsored our security and prosperity, and we capacities. They develop essential aca- by Senators Burr, Bennet, and Hatch to ex- need to continue to work with them. demic and professional skills often pedite the FDA review process for break- I yield the floor. while simultaneously fulfilling ROTC through drugs has been very successful, lead- f obligations that prepare them for fu- ing to 118 drugs designated as breakthrough, ture military service. Norwich, like the including 39 approvals, including the first 100TH ANNIVERSARY OF THE RE- 274 other institutions supporting ROTC drug ever to actually cure some forms of SERVE OFFICER TRAINING programs, demands and develops excel- Cystic Fibrosis. This committee passed simi- CORPS lence in its commissioning-track stu- lar legislation in March for breakthrough de- vices. Mr. LEAHY. Madam President, this dent body. year marks the 100th anniversary of One more reason: we’ve heard from doctors I would like to recognize Norwich that they spend half their time on paper- the formal establishment of the Re- University, the birthplace of the ROTC, work, and from patients who lug boxes of serve Officer Training Corps, ROTC, at for its role in initiating a program that medical records from appointment to ap- its birthplace, Norwich University in has enjoyed a century of success. I am pointment. This committee unanimously Vermont. Thanks to the vision of confident that Alden Partridge’s dream passed legislation to reduce the documenta- Alden Partridge and Norwich Univer- will continue to be realized at colleges tion burden and improve the flow of informa- sity, we now enjoy the benefits of this and universities throughout the Nation tion so doctors can spend more time with pa- century-old program that has commis- tients, and patients can have easier access to as future generations of ROTC officers their health information. sioned more than half a million ensigns are produced and charged with the task This committee has passed—by voice vote and second lieutenants since its incep- of ensuring our Nation’s success. or with overwhelming support—14 bills made tion. f up of 30 bipartisan proposals; bills that will Years before many of his peers, Alden mean better pacemakers for Americans with Partridge saw the potential of the cit- SENATE HEALTH COMMITTEE EX- heart conditions, better rehabilitation for izen soldier. He created Norwich Uni- ECUTIVE SESSION ON INNOVA- stroke victims, more young researchers en- versity as a place to educate future TION AGENDA tering the medical field, and better access generations in a variety of academic Mr. ALEXANDER. Madam President, for doctors to their patients’ medical records. fields separate from, but also essential I ask unanimous consent that a copy of By the time we finish today, 16 of this to, the military and to the civic par- my remarks at the Senate Health Com- committee’s 22 members will have sponsored ticipation synonymous with today’s mittee’s third executive session on its one of these bills. Some have sponsored sev- Norwich University. Over the years, biomedical innovation agenda be print- eral. the value of the ideals promoted at ed in the RECORD. Today we are voting on five bills: Norwich University have remained There being no objection, the mate- A bill by Senator Murray and myself to clear to me. Today these proven ideals rial was ordered to be printed in the help the FDA and the NIH attract and retain top talent, which Dr. Collins and Dr. Califf can be found at institutions of higher RECORD, as follows: say is their top priority. education through ROTC programs in SENATE HEALTH COMMITTEE EXECUTIVE The bill by Sens. Hatch and Bennet to all 50 States, the District of Columbia, SESSION ON INNOVATION AGENDA shorten the development time for superbug Puerto Rico, and Guam. This is our third and final markup of legis- treatments. Without question, the country bene- lation that is part of our innovation, or The bill by Senator Murray and myself to fits from this diversity of experience. ‘‘cures,’’ agenda—that is, our effort to take support the president’s Precision Medicine The U.S. service academies create advantage of this exciting time in science Initiative, to map 1 million genomes and high-quality, professional officers, and and enable safe treatments, drugs, and de- make the information available to research- vices to reach patients more quickly. ers who will share their research. I am proud to nominate Vermonters to Today’s markup completes action on about A bill by Senator Collins, Kirk, Baldwin, them every year. Our military, how- 50 bipartisan proposals this committee has Murray, and myself that requires NIH to sub- ever, cannot rely on leadership that been working on for more than a year—with mit a strategic plan to Congress; and ensures comes solely from a handful of institu- 10 hearings, five staff working groups that that scientists are including women and mi- tions, however excellent they are. For have held more than 100 meetings. When we norities in their research. 100 years, ROTC has guaranteed an offi- are finished today, these proposals will to- A bill by Senator Murray and myself to cer corps that better reflects the diver- gether form a companion to 21st Century allow NIH researchers to spend more time sity of America. Cures Act, which passed the House 344–77 last finding lifesaving treatments and cures and year, and a vehicle for the president’s Preci- less time on paperwork. Few schools can boast a history as sion Medicine Initiative and Cancer Moon- I look forward to moving these bills to the long, rich, and relevant as Norwich shot. floor. University. Always forward thinking, If we succeed, this will be the most impor- Senator Murray and I are making progress in 1974, Norwich became one of the first tant bill signed into law this year. on an ‘‘NIH Innovation Fund’’ to provide a

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.050 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2094 CONGRESSIONAL RECORD — SENATE April 14, 2016 one-time funding surge for NIH priorities in- on our communities. Given these hard- free trade into unfair trade. Neverthe- cluding: Precision Medicine, Cancer Moon- ships, we must do all we can to support less, before we turn our backs on or shot, the Brain Initiative, Young Investi- and protect survivors by holding their significantly change our national pol- gator Corps, and Big Biothink Awards. perpetrators accountable and ensuring icy of encouraging freer trade with With its 21st Century Cures Act, the House voted 344 to 77 to provide $8.8 billion in paid- that all victims are treated with dig- other countries, we would be wise to for mandatory funding to support such NIH nity, fairness, and respect. We can ac- read Mr. Smith’s account of the bene- priorities. We continue working on finding complish this aim, at least in part, by fits of trade to the average American an amount that the House will agree to and recognizing the critical position that family during the last 50 years—and the president will sign that we can respon- victims hold within the criminal jus- also to be reminded of the devastation sibly pay for in a bipartisan way. We have tice process. that restrictions on trade caused dur- consulted with Senator Hatch, the chairman The theme for this year’s National ing the 1930s when those restrictions of the Senate Finance Committee. I dis- Crime Victims’ Rights Week is ‘‘Serv- helped lead to the Great Depression. cussed it with Senator Wyden in a meeting with Secretary Burwell. And I’ve talked with ing Victims; Building Trust; Restoring I ask unanimous consent to have a number of committee members. I hope Hope.’’ In keeping with that spirit, I printed in the RECORD an article by we’ll be able to share an agreement with want to recognize and thank the count- Fred Smith from the Wall Street Jour- committee members soon. less professional and volunteer victim nal. I would like to take the proposals we’ve advocates and service providers. Your There being no objection, the mate- passed here, along with a bipartisan agree- dedication and commitment to our rial was ordered to be printed in the ment on the NIH Innovation Fund with Sen- moms and dads, brothers and sisters, RECORD, as follows: ator Murray, and put them in Senator Mc- and daughters and sons, often during Connell’s hands as the Senate’s contribution [From the Wall Street Journal, Mar. 25, 2016] to a 21 Century Cures Act. their time of greatest need, is truly HOW TRADE MADE AMERICA GREAT We’ll have an opportunity for more debate profound. Thank you, thank you, for (By Frederick W. Smith) being that solid ground and strong on the floor, including: During our years at Yale, the world was a On a proposal by Senators Kirk, Manchin, shoulder supporting our fellow Ameri- different place. Foreign travel was exotic, and Collins to create a first-time conditional cans as they fight for justice and to expensive and rare among the population as approval for regenerative medicine treat- once again become whole. a whole. While some young Americans had ments. To the millions of victims and sur- been abroad, by far most Americans had Improving monitoring of medical devices. vivors, you are not alone, and you have not—and those who did go abroad most like- Senator Murray strongly urged this and it is not been silenced. We hear you and ly traveled by sea rather than air. In the a top priority for Dr. Califf. early 1960s, flying over the oceans was main- The issue of lab developed tests, which are pledge to do all we can to support you through your recovery. As the Senate ly for the affluent. vitally important to get right to ensure pre- Long-distance telephone calls were expen- cision medicine and cancer moonshot are a Judiciary Committee continues to sive, international calls prohibitively so. success. combat the scourge of crime through From furniture to TVs and appliances, and Last year, the most important bill signed legislation and oversight, we will con- especially automobiles, American brands into law fixed No Child Left Behind and af- tinue to both acknowledge and honor dominated consumer spending in this coun- fected 50 million children in 100,000 schools. try. We had just a glimpse of the world to This year, I believe the most important the needs and rights of victims and sur- come with the proliferating iconic Volks- bill will take advantage of this exciting time vivors. wagen Beetles and the amazingly small Sony in science to improve the health of virtually f portable transistor radios. every American. These imported products in the U.S. rep- The House of Representatives has done its HOW TRADE MADE AMERICA resented a global political vision that pre- job by a margin of 344 to 77. GREAT dated World War II. In the early 1930s, Presi- The president has proposed his initiatives. Mr. ALEXANDER. Madam President, dent Roosevelt and Secretary of State I’m hopeful we can take this to the Senate it was while a Yale undergraduate that Cordell Hull believed in liberalized trade as a floor, conference with the House, and send a Fred Smith received a C-plus for his path to world peace and cooperation. With bill to the president. Sometimes we get caught up in bill num- paper outlining a plan to buy large air- strong administration support, Congress in bers and sections, but as we finish our work, planes that would carry packages over- 1934 passed the Trade Agreement Act, which we ought to focus on people, like Rylie night. This plan a few years later be- allowed Hull to negotiate reciprocal trade Rahall, or on Douglas Oliver, a Nashville came Federal Express, now FedEx, a treaties with numerous countries, lowering resident who as recently as August was le- global courier delivery services com- tariffs and stimulating trade. This liberalization reversed the epitome of gally blind due to an incurable form of pany with nearly $50 billion in reve- U.S. protectionism, the disastrous Smoot- macular degeneration, but who, after partici- nues and more than 340,000 employees. Hawley Tariff Act of 1930, which contributed pating in a clinical trial where doctors in- FedEx has become a leading worldwide to a staggering 66% decline in world trade jected stem cells from his hip into his eye, between 1929 and 1934. Integral to Hull’s vi- now has perfect enough vision to read about economic indicator all by itself and sion was the 1947 General Agreement on what we’re doing here in the HELP com- one of our country’s great success sto- Trade and Tariffs (GATT), which was signed mittee and sends us emails about his experi- ries. Mr. Smith not only founded the by 23 countries and committed the U.S. to ence to help improve our work. company, but today still is CEO and Chairman. steadily liberalizing world trade. A central f pillar of American postwar policy was entic- Fred Smith’s address should be re- ing producers from around the world with ac- NATIONAL CRIME VICTIMS’ quired reading on all college campuses, RIGHTS WEEK cess to the giant U.S. market. as well as for all others who may have The devastation of Europe and Japan and Mr. GRASSLEY. Madam President, forgotten the remarkable contribution the emergence of Cold War adversaries pro- this week we commemorate National trade has made to prosperity not only vided even greater impetus to the opening of Crime Victims’ Rights Week, which for our country, but for hundreds of American markets, under the protection of began this past Sunday and concludes millions worldwide. There is no doubt the U.S. Navy and the umbrella of various this Saturday, April 16, 2016. For the that globalization and technology have global alliances like NATO. In April 1966 over 20 million people in the United Malcolm McLean launched his first inter- improved living conditions in our coun- national Sea-Land container operation be- States who become crime victims each try, but they have also bred uncer- tween New York and Rotterdam. McLean’s year, this week offers an opportunity tainty and sometimes fear. For many shipping-container revolution cut the cost of for Congress, the Department of Jus- Americans, the cheaper goods we buy seaborne trade by a factor of 50 versus loose- tice, as well as State and local law en- from overseas and the salaries we make cargo stevedoring. forcement, communities, and service from selling goods overseas come with That same month, Juan Trippe (Yale ’21) providers across the country to pub- dislocations that make it harder for at Pan Am ordered 25 revolutionary jumbo licly proclaim our support for crime Americans to find jobs and provide for 747 widebody Boeing airplanes equipped with victims and survivors. equally leading-edge Pratt & Whitney high- their families. bypass fanjets. When the passenger version The physical, emotional, and psycho- Added to that are actions by some of of the 747 entered service in 1969, it was two- logical impact that crime causes for our trading partners—Japan in the and-a-half times bigger than the Boeing 707 the victims and their loved ones can 1980s and China more recently—that that had pioneered jet travel. The jumbo jet prove devastating. Crime wreaks havoc abuse the trade relationship and turn cut overseas travel costs by 70%.

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A14AP6.032 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 14, 2016 CONGRESSIONAL RECORD — SENATE S2095 The 747’s hump allowed a freighter version On the global-trade front, the GATT The oil cartel known as the Organization to load cargo through a nose door under the framework of 1947 had been ‘‘temporary,’’ as of the Petroleum Exporting Countries over- cockpit and into the cavernous fuselage. Be- Congress refused to approve the Inter- played its hand in the 1970s when, for eco- cause of the cargo-carrying 747F, costs for national Trade Organization envisioned by nomic and political reasons, OPEC embar- trans-Pacific airfreight were dramatically the participants at the 1944 Bretton Woods goed shipments to the U.S. Market forces fi- reduced, a major factor in the extraordinary Conference that established the World Bank nally sorted out oil supply and demand in GDP growth of the Asian ‘‘tiger’’ economies and the International Monetary Fund. Even America after President Reagan in 1981 dis- of Hong Kong, Taiwan, Singapore and Japan so, under GATT there were seven successive mantled the vestiges of government regula- beginning in the 1970s. Electronics and other negotiating ‘‘rounds’’ and agreements until tion in the industry. Oil has hardly been im- high-tech/high-value-added goods from these the World Trade Organization (WTO), a mod- mune to the vagaries of any commodities emerging markets could be distributed and ernized International Trade Organization, market, but the U.S.—thanks to the techno- sold in the U.S. and Europe in a few days— was finally established in Geneva in 1994. logical breakthrough of hydraulic frac- an amazing development. The GATT/WTO did not cover sea trade, turing—is the world’s largest producer of During the 1970s and 1980s, while container given the traditionally liberal rules regard- natural gas and is on track this decade to ships and planes became increasingly effi- ing shipping except within national regu- surpass Saudi Arabia and Russia as the cient with each successive model, newly de- lated waters. Thus unimpeded, containership world’s largest oil producer. veloped fiber-optic cables (patented in 1966) lines of many registrations proliferated, fa- True to the central tenet of FDR and Sec- began running underseas, connecting the cilitating the astonishing growth in mari- retary of State Hull that liberalizing trade is world at the speed of light, lowering voice time business and the development of inherently beneficial, the U.S. led the effort and data-communication costs by orders of megaports in Asia, Europe and the U.S. for China to join the WTO in 2000. Beginning magnitude. Financial markets became glob- International aviation was likewise a sepa- with the Nixon-to-China rapprochement, the ally integrated and transactions multiplied rate regime, but as agreed by 54 nations at industrialization of America’s Cold War at an astounding rate. the Chicago convention of 1944, international enemy has lifted more people—hundreds of The U.S. opened its markets to former flying was for decades tightly controlled by millions—out of poverty, faster, than ever in World War II foes, and Germany and Japan governments through a labyrinth of bilateral history. From the late 1980s and accelerating as a result became economic titans. Succes- treaties (4,000 at present) that limited com- after the WTO accession, efficient Chinese sive administrations mostly ignored Japan’s petition and regulated rates and services. manufacturing, especially technology-based overt mercantilism and growing trade sur- Beginning in 1992, however, the U.S. and goods, has rewarded Western consumers with plus, given the need for American military the Netherlands enacted the first of many low-cost products that have substantially bases throughout the country. Eventually Open Skies agreements, which have grown improved standards of living. Americans and exchange rates and domestic political pres- now to 117, including a multilateral treaty Europeans don’t need to be affluent to afford sure pushed Japanese car makers to set up with 28 European countries. Passenger air- cellphones, digital TVs, furniture and appli- production plants in the U.S., mostly in the lines opened scores of new routes. New air- ances. South. Electronics manufacturers such as cargo and door-to-door express services were China, however, has followed Japan’s mer- Panasonic, Sony and Hitachi became world- also initiated. cantilistic practices, which have led to a $300 Together, these regulatory changes and wide giants on the back of exports from billion trade surplus with the U.S., thanks to transport innovations made possible the fan- Japan to America and then almost every- state support of Chinese industry and re- tastic growth of travel and trade, which grew where as global trade steadily expanded. strictions on foreign competitors. These two-and-a-half times the rate of world GDP Parallel to the technological progress of policies have created a strong political back- transportation and telecommunications was for a quarter-century. From less than $50 billion in total trade in lash in the U.S., which made the recent con- a remarkable series of congressional actions 1966, the U.S. now imports and exports over gressional renewal of Trade Promotion Au- and GATT agreements that substantially lib- $4 trillion annually in goods and services. thority—which allows the president to nego- eralized transport and trade regulations. Container ships have grown from carrying a tiate trade treaties and was for years a rou- During the Carter administration, inspired few hundred boxes on each trip to the new tine process—extremely difficult. by extensive academic research and the ex- Today, given low growth in most of the Triple-E behemoths that transport over ample of ultra-low-fare intrastate airlines in 18,000 containers called TEUs, or 20-foot- world, rising wages in China and petroleum Texas and California compared with high- equivalent units. The cost is 1/500th of the costs declining because of U.S. fracking cost national carriers, many Republican and shipping rates per pound of the early 1960s. technology, the trajectory of the world’s Democratic lawmakers alike pushed for fed- The profusion of agricultural products from commerce is somewhat uncertain. Trade and global GDP are now growing eral economic deregulation of transpor- the ‘‘Green Revolution’’ pioneered by Nor- roughly at parity. Following the 2008 finan- tation. The Republican mantra was ‘‘free man Borlaug, combined with ever more effi- cial crisis, protectionism has shown a trou- market’’; Democrats sought ‘‘consumer ben- cient shipping, has resulted in massive bling popularity in many countries, includ- efit’’ by lowering the price of travel and amounts of grain traded around the world, goods for the masses. something unimaginable to farmers 50 years ing the U.S. Stringent new security regula- As a result, legislation was enacted for air ago. American railroads were integral to the tions have also slowed goods crossing many cargo (1977), passenger air services (1978), growth in the nation’s maritime trade by borders. The Nafta pact has clearly been an eco- interstate truck and rail transportation moving containers from Pacific ports to the nomic success. Over the past 20 years, U.S. (1980), and the federal pre-emption of intra- mega markets in the East. state trucking in 1994. Both the Civil Aero- All of these factors have created a global trade with Mexico and Canada has risen to nautics Board (CAB) and the Interstate Com- trade market that exceeds $15 trillion annu- $1.2 trillion in 2014, from $737 billion. While merce Commission (ICC), the air and surface ally. Now, the Panama Canal is being wid- the immigration issue often gets erroneously economic regulators, were abolished, in 1985 ened, which will permit, beginning later this conflated with Nafta, the economic numbers and 1995 respectively. year, massive container ships to cross the tell a clear story. Moreover, some production In the 10 years following the Staggers Act Pacific and unload directly into improved is now moving back to North America from of 1980 that substantially deregulated rail- Gulf of Mexico and Atlantic Coast ports, fur- Asia, given lower transport costs, faster de- roads, the perennially loss-making rail in- ther reducing the cost of Asia-U.S. trade. livery, the increase in Chinese production dustry was able to halve the rates charged to Handling the enormous increase in finan- expenses, easier customs clearance, and the customers while restoring financial sta- cial transactions was made possible by a fan- more balanced nature of Nafta trade com- bility. Surface-transport deregulation also tastic increase in computer-processing pared with the massive U.S. deficit with spawned an entire new industry of flexible power. The emergence of the Internet in 1994 Asia—particularly China and Japan. truckload common carriers to meet the has allowed the ubiquitous offering of mil- Once again, in its own messy, unpredict- needs of emerging ‘‘big box’’ distribution and lions of products for fast delivery from any- able political fashion, the U.S.—after a hia- retailing models such as Wal-Mart and Tar- where in the world to anyone with a desktop tus during the first Obama administration— get. Revolutionary production systems, computer . . . then a PC . . . then a tablet is pushing for further trade liberalization, based on just-in-time supply and fast-cycle . . . and now a smartphone. Languages are with initiatives such as the Trans-Pacific manufacturing, were made possible only be- translated; products can be instantly, vis- Partnership, the Trans-Atlantic Trade and cause of the deregulation of trucking. ually displayed; and orders effortlessly en- Investment Partnership, and the Trade in From 1977 to 1994, a century’s worth of tered. The capabilities are unprecedented in Services Agreement. The WTO likewise con- heavy regulation of transportation rates, the history of commerce. tinues to push for a new Trade Facilitation routes and services that had begun with the Three other factors central to the develop- Agreement dealing with security and cus- railroads was cast aside, with profound ef- ment of these enormous global commercial toms issues; the WTO Information Tech- fects on the U.S. economy. By the beginning systems have occurred since 1966: The evo- nology Agreement; and a new overall world- of the 21st century, overall logistics costs lution of a vast world-wide oil market; the wide trade agreement—the so-called Doha were reduced from 16% of GDP during the integration of the economies of the U.S., Round negotiations. These efforts by many 1970s to under 9%, thereby making possible Mexico and Canada with the North American nations under the WTO show continued com- substantial increases in government social Free Trade Agreement (Nafta) of 1994; and mitment to further global integration de- spending resulting from the Medicare and the emergence of China as a great commer- spite the well-publicized difficulties in doing Medicaid legislation in the 1960s. cial power. so.

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A14AP6.030 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2096 CONGRESSIONAL RECORD — SENATE April 14, 2016 More than three billion people are now and the crew was interned. Eight sol- risk. Museum exhibits include the his- connected to the Internet. Billions more diers were captured by the Japanese in tory of tsunamis in Hawaii and how have aspirations for a better life and are China, three of whom were executed. past events have shaped the commu- likely to come online as global consumers. Still, the Doolittle Raid was the first nity and impacted long-range planning. The odds are good, therefore, that today’s re- markable transport systems and tech- successful attack on the Japanese The museum places strong emphasis on nologies will continue to improve and facili- mainland in over 700 years, and it the human component of the tsunami tate an even larger global economy as indi- shook the confidence of their military. story, the resiliency of a community vidual trade is becoming almost The Doolittle Raid changed the that survived the disasters and also ‘‘frictionless.’’ course of the war, and the courage and pays tribute to the victims. PTM also History shows that trade made easy, af- bravery of the Doolittle Raiders is in- features exhibits on major tsunami fordable and fast—political obstacles not- spiring, even after 74 years. Three of events around the globe and frequently withstanding—always begets more trade, the squadrons that participated in the collaborates with sister institutions as more jobs, more prosperity. From clipper ships to the computer age, despite economic Doolittle Raid, the 34th, 37th, and 432nd far away as Sri Lanka. As part of its cycles, conflict and shifting demographics, squadrons, are now stationed in Ells- public outreach efforts, the museum humans have demonstrated an innate desire worth Air Force Base near Rapid City, has developed tsunami curricula and to travel and trade. Given this, the future is SD. I am proud to have squadrons with evacuation plans for schools, created unlikely to diverge from the arc of the past. such a historic legacy stationed in my publications on tsunami safety, and f State, and I know that the example of presented workshops and lectures on the Doolittle Raiders will continue to 74TH ANNIVERSARY OF THE the issue both in Hawaii and abroad. inspire airmen everywhere. April is Tsunami Awareness Month DOOLITTLE RAID f in Hawaii. On April 16, PTM will host a Mr. THUNE. Madam President, today special open house commemorating the PACIFIC TSUNAMI MUSEUM COM- I would like to recognize the 74th anni- 70th anniversary of the 1946 tsunami. MEMORATION OF THE 70TH ANNI- versary of the Doolittle Raid. This event seeks to promote awareness VERSARY OF THE 1946 TSUNAMI Following Japan’s deliberate attack of tsunami risk, educate the public on IN HAWAII on Naval Station Pearl Harbor on De- appropriate responses to a tsunami cember 7, 1941, the United States was Mr. SCHATZ. Madam President, this warning, and honor the victims of looking for a way to retaliate and year marks the 70th anniversary of the Hilo’s tsunami disasters. boost morale. General Henry Arnold, 1946 tsunami disaster in Hawaii. Early The need to continually cultivate the chief of the Army Air Corps, and on the morning of April 1, 1946, an un- community resilience to tsunami U.S. Navy ADM Ernest King, the Navy dersea 8.1-magnitude earthquake off events inspired me to push for stronger Chief of Operations, were tasked with the Alaskan coast triggered a tragic Federal support for essential detection, organizing a raid on mainland Japan event 5 hours and 2,400 miles away. forecast, warning, research, and pre- that would act as the United States’ Travelling at nearly 500 miles per hour, paredness programs. My colleagues, return salvo. They needed an extraor- a succession of tsunami waves hit the Senators MARIA CANTWELL of Wash- dinary airman and leader to execute Hawaiian Islands around breakfast ington and DAN SULLIVAN of Alaska, the raid, and they found one in Army time, devastating downtown Hilo on and I introduced the Tsunami Warning, Air Corps Lieutenant Colonel James Hawaii Island and killing 96 people. Education, and Research Act of 2015. If ‘‘Jimmy’’ Doolittle, a well-respected Across the Hawaiian island chain, 159 signed into law, this bill would rein- pilot who they believed could inspire people lost their lives to the tsunami. force and amplify the great work being his fellow airmen as they carried out In response to this disaster, the Na- done by PTM. this dangerous mission. tional Oceanic and Atmospheric Ad- I ask my colleagues to join me in re- Doolittle immediately began select- ministration established the Tsunami membering the tragic loss of life at ing crew members for the mission, Warning System in 1948. Despite the Hilo in 1946 and 1960 and commending eventually recruiting 80 flyers who system’s proven effectiveness during the Pacific Tsunami Museum for its would later be nicknamed the Doolittle two subsequent but minor tsunami tireless work to keep the public safe Raiders. The Raiders volunteered with- events, another massive tsunami wave from tsunamis. out knowing any specifics of the mis- on May 23, 1960, took the lives of 61 f sion, but they trusted Doolittle enough Hilo residents. Many of the victims that they were willing to follow him failed to take the warnings seriously or REMEMBERING CLIFF YOUNG anyway. returned to their homes before the dan- Mr. HELLER. Madam President, The geographic isolation of the Japa- ger had passed. Another contributing today I wish to remember a former Ne- nese mainland posed numerous factor was uninformed city planning vada Supreme Court justice, Congress- logistical challenges while planning that allowed residents to rebuild homes man, and State senator, C. Clifton the raid. Doolittle decided to use B–25 and businesses in tsunami risk zones. ‘‘Cliff’’ Young, a true Nevada states- bombers launched from the U.S.S. Hor- Shinmachi, a district in downtown Hilo man and dedicated public servant. I net, which would be positioned about rebuilt after the 1946 tsunami, was de- send my condolences and prayers to his 500 miles away from Japan. The B–25 stroyed again by the 1960 tsunami. wife, four children, nine grandchildren, bombers were an inspired choice, as While sobering, these tragedies are and two great-grandchildren during they were mid-range bombers that critical teaching opportunities. Dec- this difficult time. Although he will be were not normally launched from the ades after the disasters at Hilo, Dr. sorely missed, his legendary influence decks of aircraft carriers and had lim- Walter Dudley and Jeanne Branch throughout the Silver State will con- ited fuel reserves. Despite these risks Johnston, a tsunami researcher and a tinue on. and the unprecedented nature of the tsunami survivor, respectively, envi- Justice Young was born in 1922 in raid, the Raiders began their mission. sioned a place where the public could Lovelock and earned his degree from On April 18, 1942, the task force was remember and learn from these trage- the University of Nevada, Reno in 1943. spotted by the Japanese, nearly 200 dies. Without sustained collective He later served in the U.S. Army in Eu- miles from the planned launch point. memory of the risk posed by tsunamis rope during World War II, earning the All 16 B–25 bombers were able to launch and complementary public outreach, rank of major. As one of our Nation’s from the deck of the U.S.S. Hornet, but they believed the tremendous progress servicemembers, he made exceptional they lacked the time or fuel necessary in tsunami research and warning sys- sacrifices for our country and deserves to enter into formation, necessitating tems in the last half century would not our deepest gratitude. His service to individual strikes that caused only prevent future disasters. After all, an his country, as well as his bravery and minor military and industrial damage unheeded warning is no warning at all. dedication to his family and commu- to Japan. All but one of the B–25 bomb- Since opening its doors in 1994, the nity, earn him a place in history ers made crash landings or had their Pacific Tsunami Museum, PTM, in Hilo among the many outstanding men and crews bail out. The remaining plane has demonstrated its ability to cata- women who have contributed to our made an emergency landing in Russia, lyze public engagement with tsunami Nation and the Silver State.

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A14AP6.031 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 14, 2016 CONGRESSIONAL RECORD — SENATE S2097 Following his time in the U.S. Army, a great candy shop in the eastern part 2015, the Youth Offender Drug Court Justice Young earned his law degree of Montana. Shirley Beck and Dale was established, working to provide an from Harvard Law School. In 1952, he Siegford have own and operated the alternative treatment for those in was elected to represent the State of Sweet Palace located in Philipsburg, need. With help from Transforming Nevada in the U.S. Congress, where he MT, since 1998, contributing to many Youth Recovery, the Josh Montoya served two terms. From 1966 to 1980, Montanans’ sweet tooth. House was created and serves as a facil- Justice Young continued his public Shirley, a wife of a rancher, mother ity for the Washoe County Youth Of- service as a State Senator in the Ne- of three, and a former special edu- fender Drug Court in order to provide vada State Senate. He then served for cation teacher, started selling Montana young men who are combating drug ad- 18 years on the Nevada Supreme Court, jewelry at the Gem Mountain Shop in diction with comprehensive residential where he served as chief justice twice, 1988. Shirley had a great aptitude for and outpatient treatment care. and retired in 2002. Throughout his ten- assisting the customers in their search Mrs. Mathewson has focused on grow- ure, Justice Young was inducted into for the perfect piece of sapphire jew- ing early prevention within the local the Nevada Legislature’s Hall of Fame elry. community as well. On February 1, and was honored with the Federal Dale, a Missoula, MT, native, began 2016, Mrs. Mathewson announced courthouse in Reno being named after digging for Montana sapphires on Gem Transforming Youth Recovery’s com- him. With his passing, Nevada lost a Mountain in 1987. Dale became an ex- mitment to launching an innovative great man who is immortalized for his pert in the art of heat treatment, en- research program, Doors to Recovery, service to our Nation and the Nevada hancing the colors of the Montana sap- for students from kindergarten community. I extend my deepest grati- phires, especially pink and yellow. through 12th grade in the Washoe tude for all of his work on behalf of our Together at Gem Mountain, they be- County School District. The program State. His years of service will be re- came a great team and moved on to aims to create a comprehensive preven- membered for generations to come. opening their own shop, the Sapphire tion and intervention program, as well For over half a century, Justice Gallery, in 1992. The Sapphire Gallery as recovery support services for stu- Young demonstrated only the highest became a flourishing business and in- dents and families. Mrs. Mathewson level of excellence and dedication while spired the duo to open the Sweet Pal- stands as a role model, demonstrating serving in the U.S. Congress, Nevada ace right next door, the start of a great genuine concern and understanding of State Senate, and on the Nevada Su- business partnership, prompting Shir- others who are in need. I am thankful preme Court. Our State is fortunate to ley and Dale to open another store. to have her working as an ally to ad- have had a public servant of such com- It is impressive that two people can dress this national epidemic. mitment and unwavering devotion, and go from making jewelry to making Today I ask my colleagues and all I am deeply appreciative of his hard candy in our great State. Philipsburg Nevadans to join me in recognizing work and invaluable contributions to is a beautiful town near the Sapphire Mrs. Mathewson for all of her hard our State. Today, I join citizens across Mountains, and through their busi- work in bringing greater awareness to the Silver State in celebrating the life nesses, they make it even greater. drug addiction and in transforming of an upstanding Nevadan, Justice Cliff Thank you, Shirley and Dale, for youth recovery in the State of Nevada Young. helping keep Montana alive.∑ and across the Nation. I am honored to f f call her a fellow Nevadan and a friend, and I wish her all of the best of luck as ADDITIONAL STATEMENTS TRIBUTE TO STACIE MATHEWSON she continues in her endeavors with ∑ Mr. HELLER. Madam President, the Stacie Mathewson Foundation.∑ today I wish to recognize an individual TRIBUTE TO GREG THAYER f ∑ who has gone above and beyond in her Mr. DAINES. Madam President, I RECOGNIZING TRIANGLE wish to recognize Greg Thayer, CEO of endeavors to help fellow Nevadans and COOPERATIVE SERVICE COMPANY Montana Milling, Inc., who was named Americans across the country, Stacie the 2016 Montana Small Business Ad- Mathewson. This ambitious Nevadan ∑ Mr. INHOFE. Madam President, ministration’s Small Business Person founded the Stacie Mathewson Founda- today I wish to highlight the 100-year of the Year. Montana Milling is a fam- tion and Transforming Youth Recov- history of the Triangle Cooperative ily-owned business that specializes in ery, which promote drug addiction Service Company of Enid, OK. This providing quality agricultural products awareness, recovery, prevention, and year, 2016, is their 100th year in busi- to its customers. They are the No. 1 education throughout our State and ness in Oklahoma, and I am pleased to buyer of organic grains produced in country. Her work is truly invaluable highlight them on the floor of the U.S. Montana. The cleaning system and the to Nevada, helping to break the cycle Senate. milling process that they employ en- of drug abuse within our community. Triangle Cooperative Service Com- sures that their products meet the Mrs. Mathewson’s unwavering dedi- pany was founded in 1916 by 20 local highest quality standards. cation to transform youth recovery Oklahoma cooperatives to ensure rural Montana Milling under Greg’s leader- began in 2011 when she founded the Oklahomans could get their grain prod- ship epitomizes the Montana way of Stacie Mathewson Foundation, an or- ucts to market at a fair price via rail. doing business, which is evident by ganization committed to improving ad- Soon, they grew their business to sup- their motto ‘‘Quality and service is our diction recovery and prevention, while port Oklahomans in other ways, in- commitment . . . We guarantee it.’’ I eradicating the social stigma involved cluding helping conduct grain audits believe it is this dedication to cus- with substance disorder. In that same and by providing accounting services. tomer service that led to Greg’s selec- year, the foundation helped fund the In 1929, it was decided that Triangle tion as being chosen as Small Business Nevada Recovery and Prevention Pro- Cooperative Service Company would Person for the Year. This award is a gram at the University of Nevada, continue to offer member services to great testament to Greg’s commitment Reno, UNR. The on-campus program the local cooperatives, while a separate to provide the best possible service to has implemented various recovery entity would be the official Grain Sales not only his producers, but for over 200 groups, in addition to providing sup- Agency for both Oklahoma and Texas. customers throughout the United portive gathering places for students During the 1930s and the 1940s, a large States and Canada. who choose sobriety. Mrs. Mathewson number of grain facilities and cotton It is truly an honor to recognize Greg also spearheaded the creation of a na- gins were built throughout Oklahoma. for this achievement.∑ tional sobriety program for college These new facilities created an in- f campuses, which has been successful at creased demand for insurance to pro- 150 colleges and universities across the tect Oklahoma’s farming communities TRIBUTE TO SHIRLEY BECK AND country. from drought, natural disasters, and DALE SIEGFORD Mrs. Mathewson’s work has also other severe weather events. In 1932, ∑ Mr. DAINES. Madam President, more narrowly focused on helping the TCSC Insurance Agency was formed today I wish to recognize the owners of youth in our great State. In May of and molded the future of the Triangle

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.039 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2098 CONGRESSIONAL RECORD — SENATE April 14, 2016 organization. The Triangle Insurance working groups for the Homeland Security S. 2804. An original bill making appropria- Company was chartered on January 3, Grant Program, and for other purposes. tions for energy and water development and 1992, officially becoming a licensed H.R. 4549. An act to require the Transpor- related agencies for the fiscal year ending property and casualty insurance com- tation Security Administration to conduct September 30, 2017, and for other purposes security screening at certain airports, and (Rept. No. 114–236). pany within the State of Oklahoma. for other purposes. By Mr. GRASSLEY, from the Committee In 1996, the memberships of Triangle ENROLLED BILLS SIGNED on the Judiciary, with an amendment in the Cooperative Service Company and Pro- At 12:44 p.m., a message from the nature of a substitute: ducers Exchange Cooperative voted to S. 2390. A bill to provide adequate protec- House of Representatives, delivered by merge the two cooperatives. This deci- tions for whistleblowers at the Federal Bu- Mrs. Cole, one of its reading clerks, an- sion to merge marked the beginning of reau of Investigation. nounced that the Speaker has signed Triangle’s expansion. Today, Triangle S. 2613. A bill to reauthorize certain pro- the following enrolled bills: Cooperative Service Company has grams established by the Adam Walsh Child Protection and Safety Act of 2006. grown to 125 employees and over 300 S. 483. An act to improve enforcement ef- forts related to prescription drug diversion By Mr. GRASSLEY, from the Committee members throughout 20 Midwestern and abuse, and for other purposes. on the Judiciary, without amendment: States, continuing to spread its proud S. 2512. An act to expand the tropical dis- S. 2614. A bill to amend the Violent Crime tradition of quality service. ease product priority review voucher pro- Control and Law Enforcement Act of 1994, to In addition to the insurance agency gram to encourage treatments for Zika reauthorize the Missing Alzheimer’s Disease and insurance company, Triangle Coop- virus. Patient Alert Program, and to promote ini- erative Service Company offers its The enrolled bills were subsequently tiatives that will reduce the risk of injury member cooperatives employee group and death relating to the wandering charac- signed by the President pro tempore teristics of some children with autism. benefits, HR solutions and safety, and (Mr. HATCH). f compliance management. Today, the f Triangle Cooperative Service Company MEASURES REFERRED EXECUTIVE REPORT OF is cooperatively owned and governed by COMMITTEE a board of directors and Mr. John Berg The following bills were read the first serves as president and CEO. and the second times by unanimous The following executive report of a I am pleased to highlight the history consent, and referred as indicated: nomination was submitted: and journey of the Triangle Coopera- H.R. 3586. An act to amend the Homeland By Mr. GRASSLEY for the Committee on tive Service Company as part of their Security Act of 2002 to improve border and the Judiciary. Clare E. Connors, of Hawaii, to be United 100-year history today.∑ maritime security coordination in the De- partment of Homeland Security, and for States District Judge for the District of Ha- f other purposes; to the Committee on Home- waii. MESSAGES FROM THE PRESIDENT land Security and Governmental Affairs. (Nominations without an asterisk H.R. 4403. An act to authorize the develop- were reported with the recommenda- Messages from the President of the ment of open-source software based on cer- tion that they be confirmed.) United States were communicated to tain systems of the Department of Homeland the Senate by Mr. Williams, one of his Security and the Department of State to fa- f secretaries. cilitate the vetting of travelers against ter- INTRODUCTION OF BILLS AND rorist watchlists and law enforcement data- f bases, enhance border management, and im- JOINT RESOLUTIONS prove targeting and analysis, and for other The following bills and joint resolu- EXECUTIVE MESSAGES REFERRED purposes; to the Committee on Foreign Rela- tions were introduced, read the first As in executive session the Presiding tions. and second times by unanimous con- Officer laid before the Senate messages H.R. 4482. An act to require the Secretary sent, and referred as indicated: of Homeland Security to prepare a southwest from the President of the United By Mr. MENENDEZ (for himself, Ms. States submitting sundry nominations border threat analysis, and for other pur- poses; to the Committee on Homeland Secu- MURKOWSKI, Ms. KLOBUCHAR, Mr. which were referred to the appropriate rity and Governmental Affairs. RUBIO, Mr. REID, Mrs. GILLIBRAND, committees. H.R. 4509. An act to amend the Homeland Mr. BLUMENTHAL, Mrs. BOXER, Mr. (The messages received today are Security Act of 2002 to clarify membership of FRANKEN, Mr. MCCAIN, Mr. SCHUMER, printed at the end of the Senate pro- State planning committees or urban area Mr. TESTER, Mr. MARKEY, and Mr. ceedings.) working groups for the Homeland Security DURBIN): Grant Program, and for other purposes; to S. 2799. A bill to require the Secretary of f the Committee on Homeland Security and Health and Human Services to develop a vol- untary patient registry to collect data on MESSAGES FROM THE HOUSE Governmental Affairs. H.R. 4549. An act to require the Transpor- cancer incidence among firefighters; to the At 10:37 a.m., a message from the tation Security Administration to conduct Committee on Health, Education, Labor, and House of Representatives, delivered by security screening at certain airports, and Pensions. Mrs. Cole, one of its reading clerks, an- for other purposes; to the Committee on By Mr. COONS (for himself, Mr. KING, nounced that the House has passed the Commerce, Science, and Transportation. and Mr. PORTMAN): S. 2800. A bill to amend the Internal Rev- following bills, in which it requests the f enue Code of 1986 and the Higher Education concurrence of the Senate: ENROLLED BILLS PRESENTED Act of 1965 to provide an exclusion from in- H.R. 3586. An act to amend the Homeland come for student loan forgiveness for stu- Security Act of 2002 to improve border and The Secretary of the Senate reported dents who have died or become disabled; to maritime security coordination in the De- that on today, April 14, 2016, she had the Committee on Finance. partment of Homeland Security, and for presented to the President of the By Mr. MENENDEZ: other purposes. United States the following enrolled S. 2801. A bill for the relief of Malachy H.R. 4403. An act to authorize the develop- bills: McAllister, Nicola McAllister, and Sean ment of open-source software based on cer- S. 483. An act to improve enforcement ef- Ryan McAllister; to the Committee on the tain systems of the Department of Homeland forts related to prescription drug diversion Judiciary. Security and the Department of State to fa- and abuse, and for other purposes. By Mr. PAUL: cilitate the vetting of travelers against ter- S. 2512. An act to expand the tropical dis- S. 2802. A bill to provide adequate protec- rorist watchlists and law enforcement data- ease product priority review voucher pro- tions for gun owners; to the Committee on bases, enhance border management, and im- gram to encourage treatments for Zika the Judiciary. prove targeting and analysis, and for other virus. By Mr. SASSE: purposes. S. 2803. A bill to require the Secretary of H.R. 4482. An act to require the Secretary f Health and Human Services to deposit cer- of Homeland Security to prepare a southwest REPORTS OF COMMITTEES tain funds into the general fund of the Treas- border threat analysis, and for other pur- ury in accordance with provisions of Federal poses. The following reports of committees law with regard to the Patient Protection H.R. 4509. An act to amend the Homeland were submitted: and Affordable Care Act’s Transitional Rein- Security Act of 2002 to clarify membership of By Mr. ALEXANDER, from the Committee surance Program; to the Committee on State planning committees or urban area on Appropriations, without amendment: Health, Education, Labor, and Pensions.

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.043 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 14, 2016 CONGRESSIONAL RECORD — SENATE S2099 By Mr. ALEXANDER: Federal and federally funded construc- memoration of the 400th anniversary of S. 2804. An original bill making appropria- tion projects. the arrival of the Pilgrims. tions for energy and water development and S. 256 S. 2002 related agencies for the fiscal year ending September 30, 2017, and for other purposes; At the request of Mrs. FEINSTEIN, the At the request of Mr. CORNYN, the from the Committee on Appropriations; name of the Senator from North Da- name of the Senator from South Da- placed on the calendar. kota (Ms. HEITKAMP) was added as a co- kota (Mr. ROUNDS) was added as a co- By Mr. FRANKEN (for himself and Ms. sponsor of S. 256, a bill to amend the sponsor of S. 2002, a bill to strengthen KLOBUCHAR): definition of ‘‘homeless person’’ under our mental health system and improve S. 2805. A bill to modify the boundary of the McKinney-Vento Homeless Assist- public safety. Voyageurs National Park in the State of ance Act to include certain homeless S. 2279 Minnesota, and for other purposes; to the At the request of Mr. MERKLEY, the Committee on Energy and Natural Re- children and youth, and for other pur- sources. poses. name of the Senator from Illinois (Mr. DURBIN) was added as a cosponsor of S. f S. 746 At the request of Mr. GRASSLEY, the 2279, a bill to require the Secretary of SUBMISSION OF CONCURRENT AND name of the Senator from Louisiana Veterans Affairs to carry out a pro- SENATE RESOLUTIONS (Mr. VITTER) was added as a cosponsor gram to increase efficiency in the re- The following concurrent resolutions of S. 746, a bill to provide for the estab- cruitment and hiring by the Depart- and Senate resolutions were read, and lishment of a Commission to Accel- ment of Veterans Affairs of health care referred (or acted upon), as indicated: erate the End of Breast Cancer. workers that are undergoing separa- tion from the Armed Forces, to create By Mr. UDALL (for himself, Mr. DUR- S. 901 uniform credentialing standards for BIN, Mr. BROWN, Mr. WHITEHOUSE, Ms. At the request of Mr. MORAN, the certain health care professionals of the HEITKAMP, Mr. FRANKEN, Mr. MUR- name of the Senator from New Jersey PHY, Mr. CARDIN, Mr. BLUMENTHAL, Department, and for other purposes. (Mr. MENENDEZ) was added as a cospon- Mr. MARKEY, Mr. HEINRICH, Mrs. S. 2292 MURRAY, and Ms. WARREN): sor of S. 901, a bill to establish in the Department of Veterans Affairs a na- At the request of Mr. TESTER, the S. Res. 425. A resolution supporting the name of the Senator from Arkansas goals and ideals of National Public Health tional center for research on the diag- Week; to the Committee on Health, Edu- nosis and treatment of health condi- (Mr. BOOZMAN) was added as a cospon- cation, Labor, and Pensions. tions of the descendants of veterans ex- sor of S. 2292, a bill to reform laws re- By Mrs. MURRAY (for herself, Ms. MI- posed to toxic substances during serv- lating to small public housing agen- KULSKI, Mr. MARKEY, and Mr. ice in the Armed Forces that are re- cies, and for other purposes. BROWN): S. 2390 S. Res. 426. A resolution expressing the lated to that exposure, to establish an advisory board on such health condi- At the request of Mr. GRASSLEY, the sense of the Senate that the United States name of the Senator from Utah (Mr. should support and protect the right of tions, and for other purposes. LEE) was added as a cosponsor of S. women working in developing countries to S. 979 safe workplaces, free from gender-based vio- 2390, a bill to provide adequate protec- At the request of Mr. NELSON, the tions for whistleblowers at the Federal lence, reprisals, and intimidation; to the names of the Senator from Hawaii (Ms. Committee on Foreign Relations. Bureau of Investigation. HIRONO) and the Senator from New Jer- By Mr. REED (for himself, Mr. SCOTT, S. 2441 sey (Mr. BOOKER) were added as cospon- Mr. DONNELLY, Mr. KIRK, Mr. DURBIN, At the request of Mr. RUBIO, the sors of S. 979, a bill to amend title 10, Mr. COTTON, Mr. COCHRAN, Mr. ENZI, name of the Senator from Florida (Mr. Ms. KLOBUCHAR, Mr. BLUNT, Mr. BAR- United States Code, to repeal the re- NELSON) was added as a cosponsor of S. RASSO, Mr. BROWN, Mr. FRANKEN, Mr. quirement for reduction of survivor an- 2441, a bill to provide that certain CARDIN, Mr. CARPER, Mr. CRAPO, Mr. nuities under the Survivor Benefit Cuban entrants are ineligible to re- MORAN, Mrs. MURRAY, Mrs. FEIN- Plan by veterans’ dependency and in- ceive refugee assistance, and for other STEIN, Mr. BOOZMAN, Mrs. BOXER, Ms. demnity compensation, and for other HEITKAMP, Mr. PETERS, Mr. DAINES, purposes. purposes. Mr. INHOFE, Mr. SCHATZ, Mr. MENEN- S. 2469 S. 996 DEZ, Mr. WICKER, and Mr. COONS): At the request of Mr. BLUMENTHAL, S. Res. 427. A resolution designating April At the request of Mr. BROWN, the the name of the Senator from Cali- 2016 as ‘‘Financial Literacy Month’’; consid- name of the Senator from Delaware ered and agreed to. fornia (Mrs. BOXER) was added as a co- (Mr. COONS) was added as a cosponsor sponsor of S. 2469, a bill to repeal the By Mr. ROUNDS (for himself and Mr. of S. 996, a bill to facilitate nationwide THUNE): Protection of Lawful Commerce in S. Res. 428. A resolution congratulating the availability of volunteer income tax Arms Act. assistance for low-income and under- 2016 national champions, the University of S. 2540 served populations, and for other pur- South Dakota Coyotes, for winning the 2016 At the request of Mr. REID, the name Women’s National Invitation Tournament; poses. of the Senator from Delaware (Mr. considered and agreed to. S. 1462 COONS) was added as a cosponsor of S. By Mr. PERDUE (for himself and Mr. At the request of Mr. SCHUMER, the 2540, a bill to provide access to counsel CARPER): name of the Senator from Vermont S. Res. 429. A resolution expressing support for unaccompanied children and other for the designation of the week of April 11 (Mr. SANDERS) was added as a cospon- vulnerable populations. through April 15, 2016, as ‘‘National Assist- sor of S. 1462, a bill to improve the S. 2548 ant Principals Week’’; considered and agreed safety of oil shipments by rail and for At the request of Mr. KAINE, the to. other purposes. name of the Senator from Missouri By Mr. GARDNER (for himself and Mr. S. 1555 (Mr. BLUNT) was added as a cosponsor BENNET): At the request of Mr. HELLER, the S. Res. 430. A resolution supporting the of S. 2548, a bill to establish the 400 designation of April 20, 2016, as ‘‘Cheyenne name of the Senator from Georgia (Mr. Years of African-American History Mountain Day’’; considered and agreed to. PERDUE) was added as a cosponsor of S. Commission, and for other purposes. f 1555, a bill to award a Congressional S. 2566 Gold Medal, collectively, to the Fili- At the request of Mrs. SHAHEEN, the ADDITIONAL COSPONSORS pino veterans of World War II, in rec- name of the Senator from Washington S. 71 ognition of the dedicated service of the (Mrs. MURRAY) was added as a cospon- At the request of Mr. VITTER, the veterans during World War II. sor of S. 2566, a bill to amend title 18, name of the Senator from Wyoming S. 1715 United States Code, to provide sexual (Mr. BARRASSO) was added as a cospon- At the request of Mr. HOEVEN, the assault survivors with certain rights, sor of S. 71, a bill to preserve open com- name of the Senator from Georgia (Mr. and for other purposes. petition and Federal Government neu- ISAKSON) was added as a cosponsor of S. S. 2613 trality towards the labor relations of 1715, a bill to require the Secretary of At the request of Mr. GRASSLEY, the Federal Government contractors on the Treasury to mint coins in com- name of the Senator from Minnesota

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A14AP6.013 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2100 CONGRESSIONAL RECORD — SENATE April 14, 2016 (Ms. KLOBUCHAR) was added as a co- (Ms. KLOBUCHAR) was added as a co- Not long after I was elected, I was sponsor of S. 2613, a bill to reauthorize sponsor of S. 2782, a bill to amend the contacted by Donald and Nora certain programs established by the Public Health Service Act to provide Brennen, a couple from Topsham, ME, Adam Walsh Child Protection and for the participation of pediatric sub- which is just across the river from my Safety Act of 2006. specialists in the National Health Serv- hometown of Brunswick. They are both S. 2614 ice Corps program, and for other pur- retired Navy veterans, and they experi- At the request of Mr. GRASSLEY, the poses. enced a tragedy in their lives that has name of the Senator from Minnesota S. 2790 inadvertently entangled them with the (Ms. KLOBUCHAR) was added as a co- At the request of Mr. VITTER, his Internal Revenue Service in a way that sponsor of S. 2614, a bill to amend the name was added as a cosponsor of S. I think makes no sense. Violent Crime Control and Law En- 2790, a bill to provide requirements for forcement Act of 1994, to reauthorize the appropriate Federal banking agen- Their son Keegan had graduated cum the Missing Alzheimer’s Disease Pa- cies when requesting or ordering a de- laude from the New Hampshire Insti- tient Alert Program, and to promote pository institution to terminate a spe- tute of Art. He had taken on Federal initiatives that will reduce the risk of cific customer account, to provide for and private loans in order to enable injury and death relating to the wan- additional requirements related to sub- himself to get his education. He had a dering characteristics of some children poenas issued under the Financial In- bright future. Unfortunately, barely 6 with autism. stitutions Reform, Recovery, and En- months after he graduated, he passed forcement Act of 1989, and for other away suddenly from a non-traumatic S. 2725 purposes. brain aneurysm—a tragic loss which I At the request of Ms. AYOTTE, the S. RES. 349 think any of us as parents can only name of the Senator from Wyoming At the request of Mr. ROBERTS, the dimly appreciate or understand or (Mr. BARRASSO) was added as a cospon- name of the Senator from Oregon (Mr. empathize with. It is so unthinkable to sor of S. 2725, a bill to impose sanctions MERKLEY) was added as a cosponsor of lose a child in this way that it is just with respect to the ballistic missile S. Res. 349, a resolution congratulating hard to conceive of. program of Iran, and for other pur- the Farm Credit System on the cele- The Federal Government has recog- poses. bration of its 100th anniversary. nized this kind of situation and for- S. 2746 S. RES. 383 gives the student loan indebtedness of At the request of Mr. PERDUE, the At the request of Ms. AYOTTE, the students who pass away in this situa- name of the Senator from Maine (Ms. names of the Senator from Oklahoma tion. The Federal Government gets (Mr. LANKFORD), the Senator from Ala- COLLINS) was added as a cosponsor of S. that part right. Congress has already bama (Mr. SESSIONS) and the Senator Res. 383, a resolution recognizing the directed the Department of Education from Pennsylvania (Mr. TOOMEY) were importance of the United States-Israel to forgive outstanding balances for bor- added as cosponsors of S. 2746, a bill to economic relationship and encouraging establish various prohibitions regard- new areas of cooperation. rowers who pass away, as well as those funds borrowed by parents on behalf of ing the transfer or release of individ- S. RES. 422 uals detained at United States Naval At the request of Mr. GRASSLEY, the a child who passes away. The same for- Station, Guantanamo Bay, Cuba, and name of the Senator from Nevada (Mr. giveness provision, by the way, is also with respect to United States Naval HELLER) was added as a cosponsor of S. permitted for borrowers who suffer Station, Guantanamo Bay, and for Res. 422, a resolution supporting the total and permanent disabilities that other purposes. mission and goals of 2016 ‘‘National are certified by the Social Security Ad- S. 2749 Crime Victims’ Rights Week’’, which ministration and the Department of At the request of Ms. AYOTTE, the include increasing public awareness of Veterans Affairs. So far, so good. names of the Senator from South Caro- the rights, needs, concerns of, and serv- While the Federal Government solved lina (Mr. GRAHAM) and the Senator ices available to assist victims and sur- that part of the problem, it inadvert- from Mississippi (Mr. WICKER) were vivors of crime in the United States. ently created another by recognizing added as cosponsors of S. 2749, a bill to AMENDMENT NO. 3511 that the Tax Code generally treats for- provide an exception from the reduced At the request of Ms. CANTWELL, her given student debt as income in the flat rate per diem for long-term tem- name was added as a cosponsor of year it is discharged. Because of this, porary duty under Joint Travel Regu- amendment No. 3511 intended to be pro- this family in Maine who lost their son lations for civilian employees of naval posed to H.R. 636, a bill to amend the was suddenly—overnight—faced with a Internal Revenue Code of 1986 to per- shipyards traveling for direct labor in $24,000 tax bill and a $6,000 tax bill from manently extend increased expensing support of off-yard work, and for other the State of Maine because of its con- limitations, and for other purposes. purposes. formance with the Federal law. S. 2752 f At the request of Mr. RUBIO, the STATEMENTS ON INTRODUCED In other words, you lose a child. The name of the Senator from Georgia (Mr. BILLS AND JOINT RESOLUTIONS loans are forgiven, but the forgiveness is treated as taxable income, and sud- PERDUE) was added as a cosponsor of S. By Mr. COONS (for himself, Mr. 2752, a bill to prohibit the facilitation denly, in the midst of your grief, you KING, and Mr. PORTMAN): are faced with paying an enormous— of certain financial transactions in- S. 2800. A bill to amend the Internal one big tax bill on the entire amount of volving the Government of Iran or Ira- Revenue Code of 1986 and the Higher nian persons and to impose sanctions Education Act of 1965 to provide an ex- the loan being forgiven. with respect to the facilitation of those clusion from income for student loan In this case, the Brennens couldn’t transactions, and for other purposes. forgiveness for students who have died possibly pay this in one instance, and S. 2755 or become disabled; to the Committee it makes no sense from the point of At the request of Mr. BLUNT, the on Finance. view of policy. It is the opposite of names of the Senator from Pennsyl- Mr. KING. Mr. President, I rise today compassion. It is literally adding insult vania (Mr. TOOMEY) and the Senator to speak about a bill that I am intro- to tragic injury. from Delaware (Mr. COONS) were added ducing today, along with Senator Since 2012 when they lost their son, as cosponsors of S. 2755, a bill to pro- COONS and Senator PORTMAN, called the Brennens have struggled to make vide Capitol-flown flags to the imme- the Stop Taxing Death and Disability ends meet. They had to go into their diate family of firefighters, law en- Act. It is a bill that responds to a trag- forcement officers, members of rescue ic and unintended and frankly 401(k). They had to make some kind of squads or ambulance crews, and public unsupportable policy—an inadvertent arrangement with the IRS, and now safety officers who are killed in the policy, I believe—of our government. they are in the process of paying this line of duty. Senator COONS has been a great leader enormous tax off. S. 2782 on this, and I also wish to express my This family in Maine is not alone in At the request of Mr. BLUNT, the appreciation to Senator PORTMAN for facing this burden. My office has heard name of the Senator from Minnesota joining. from other constituents in our State,

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A14AP6.015 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 14, 2016 CONGRESSIONAL RECORD — SENATE S2101 and our research indicates that there States the healthiest nation in one genera- (3) recognizes the role of public health in are at least several thousand across the tion; improving the health of individuals in the country who are facing a tax bill in the Whereas public health organizations use United States; midst of the most tragic and difficult National Public Health Week to educate the (4) encourages increased efforts and re- public, policymakers, and public health pro- sources to improve the health of people in circumstances. This just isn’t right. It fessionals on issues that are important to the United States to create the healthiest is something we should fix. improving the health of the people of the nation in one generation through— As I said, the Department of Edu- United States; (A) greater opportunities to improve com- cation does have it right, and they are Whereas the value of a strong public health munity health and prevent disease and in- working on this, but until this unre- system is in the air we breathe, the water we jury; and solved tax issue is resolved, they can’t drink, the food we eat, and the places in (B) strengthening the public health system move forward with an efficient way to which we all live, learn, work, and play; in the United States; and provide these discharges. Whereas there is a significant difference in (5) encourages the people of the United States to learn about the role of the public The bill we are introducing today the health status of people living in the healthiest States compared to people living health system in the United States. with Senator COONS and Senator in the least healthy States, such as rates of f PORTMAN, the Stop Taxing Death and obesity, poor mental health, and infectious Disability Act, is a commonsense, com- disease; SENATE RESOLUTION 426—EX- passionate, and sensible response to Whereas public health professionals help PRESSING THE SENSE OF THE this tragic event. If we are going to for- communities prevent, prepare for, withstand, SENATE THAT THE UNITED give the student loan debt, which and recover from the impact of a full range STATES SHOULD SUPPORT AND makes total sense and has been the law of health threats, including disease out- PROTECT THE RIGHT OF WOMEN for some time, to then turn around and breaks such as the Zika virus, natural disas- WORKING IN DEVELOPING COUN- say that loan forgiveness is itself tax- ters, and disasters caused by human activity; TRIES TO SAFE WORKPLACES, Whereas public health professionals col- able—so in the midst of your grief, you FREE FROM GENDER-BASED VIO- laborate with partners that are not in the LENCE, REPRISALS, AND INTIMI- are presented with a massive tax bill— health sector, such as city planners, trans- just isn’t right. It is not fair, it is not portation officials, education officials, and DATION right, it is not compassionate, and it private sector businesses, recognizing that Mrs. MURRAY (for herself, Ms. MI- isn’t consistent with the earlier deci- other sectors have an important influence on KULSKI, Mr. MARKEY, and Mr. BROWN) sion that has been made to discharge health; submitted the following resolution; these loans under these tragic cir- Whereas according to the National Acad- which was referred to the Committee emy of Medicine, despite being one of the cumstances. I think it is time for Con- on Foreign Relations: gress to add the death and disability wealthiest nations in the world, the United States ranks below many other economically S. RES. 426 exemption to the Tax Code. prosperous and developing countries with re- Whereas women in developing countries I thank Don and Nora Brennen for spect to measures of health, including life who join the industrial workforce suffer sharing this story with me—it can’t be expectancy, infant mortality rates, low birth from, or become increasingly vulnerable to, an easy story to share—and for their weight rates, and the rate of drug-related economic violence, including forced over- service to this country in the U.S. deaths, which for overdose deaths involving time, wage theft, abusive short term con- Navy and their commitment to doing opioids has increased by 200 percent since tracts, discrimination, sexual harassment, the right thing for their family. 2000; and violence at work; I hope and believe we can find it in Whereas studies show that small strategic Whereas women typically make up the ma- jority of the workforce in industries in which our wisdom here and in our hearts to investments in prevention can result in sig- nificant savings in health care costs; the rights of workers have been restricted, act on this bill to be sure that other Whereas each 10-percent increase in local including— families in America in the midst of public health spending contributes to a 6.9- (1) export manufacturing (including the their grief do not have to face this percent decrease in infant deaths, a 3.2-per- global apparel industry); and tragic situation. cent decrease in deaths related to cardio- (2) other export sectors (including the cut Again, I thank Senator COONS and vascular disease, a 1.4-percent decrease in flowers and fresh produce industries); Senator PORTMAN for joining me in this deaths due to diabetes, and a 1.1-percent de- Whereas sexual violence is often used by a bipartisan effort to right a wrong, to crease in cancer-related deaths; male manager as a means of intimidation or Whereas in communities across the coun- punishment when a female worker makes a correct a mistake, to act in the best mistake, fails to meet a production target, principles of this institution, to act on try, more people are changing the way they care for their health by avoiding tobacco asks for leave, or arrives late to work; behalf of this small group but impor- use, eating more healthfully, becoming more Whereas women are particularly vulner- tant group who suffered loss, to act to physically active, and preventing uninten- able to violence and intimidation at work relieve this burden that should never tional injuries at home and in the workplace; due to— have been in place in the first place. Whereas despite having a high infant mor- (1) the frequently disproportionate number of male managers; f tality rate as compared to other economi- cally prosperous and developing countries (2) the lack of policing and reporting of SUBMITTED RESOLUTIONS and a death rate that varies greatly among sexual harassment; and (3) common cultural norms that assert States, overall the United States is making male dominance and place disproportionate steady progress, with the infant mortality pressure on women to maintain their income rate reaching a historic low in 2014, with 5.8 SENATE RESOLUTION 425—SUP- and support their children and elders; infant deaths per 1,000 live births; PORTING THE GOALS AND Whereas a survey of female garment indus- Whereas the percentage of adults in the IDEALS OF NATIONAL PUBLIC try workers in Bangladesh revealed that— United States who smoke cigarettes, the HEALTH WEEK (1) nearly 1⁄3 of respondents had been a re- leading cause of preventable disease and cipient of an unwelcome sexual overture, in- Mr. UDALL (for himself, Mr. DURBIN, death in the United States, decreased from appropriate touching, or a threat of being 20.9 percent in 2005 to 16.8 percent in 2014; Mr. BROWN, Mr. WHITEHOUSE, Ms. forced to undress; and and HEITKAMP, Mr. FRANKEN, Mr. MURPHY, (2) nearly 1⁄2 of respondents had been beat- Mr. CARDIN, Mr. BLUMENTHAL, Mr. Whereas efforts to adequately support pub- en or struck in the face by a supervisor; MARKEY, Mr. HEINRICH, Mrs. MURRAY, lic health and prevention can continue to Whereas some of the most deadly accidents transform a health system focused on treat- and Ms. WARREN) submitted the fol- in industrial history have occurred in export ing illness to a health system focused on pre- lowing resolution; which was referred processing industries in which female work- venting disease and promoting wellness: ers predominate, including— to the Committee on Health, Edu- Now, therefore, be it cation, Labor, and Pensions: (1) the fire at Ali Enterprises in Pakistan Resolved, That the Senate— in 2012, the deadliest apparel factory fire in S. RES. 425 (1) supports the goals and ideals of Na- history, in which the lives of 259 workers Whereas the week of April 4, 2016, through tional Public Health Week; were lost; and April 10, 2016, was National Public Health (2) recognizes the efforts of public health (2) the collapse of the Rana Plaza building Week; professionals, the Federal Government, in 2013, in which the lives of 1,134 Whereas the theme for National Public States, Indian tribes, municipalities, local Bangladeshi workers were lost and 2,500 Health Week in 2016 was ‘‘Healthiest Nation communities, and individuals in preventing more workers were injured, the majority of 2030’’, with the goal of making the United disease and injury; whom were women;

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G14AP6.027 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2102 CONGRESSIONAL RECORD — SENATE April 14, 2016 Whereas these and other industrial acci- Whereas according to the FDIC, approxi- provement Act (20 U.S.C. 9701 et seq.), estab- dents have occurred in facilities that were mately 30 percent of banks reported in 2011 lishing the Financial Literacy and Education monitored and certified as safe and decent that consumers lacked an understanding of Commission: Now, therefore, be it workplaces by private, voluntary corporate the financial products and services banks of- Resolved, That the Senate— social responsibility initiatives invested in fered; (1) designates April 2016 as ‘‘Financial Lit- by global brands from the United States and Whereas according to the 2015 Consumer eracy Month’’ to raise public awareness Europe; Financial Literacy Survey final report of the about— Whereas female workers are often know- National Foundation for Credit Counseling— (A) the importance of personal financial ingly exposed to dangerous and life-threat- (1) approximately 41 percent of adults in education in the United States; and ening machinery or toxic substances that are the United States gave themselves a grade of (B) the serious consequences that may re- no longer used in developed nations due to ‘‘C’’, ‘‘D’’, or ‘‘F’’ on their knowledge of per- sult from a lack of understanding about per- their reproductive or general health effects, sonal finance; sonal finances; and without even simple safety measures like (2) 75 percent of adults in the United States (2) calls on the Federal Government, gloves or face masks; and acknowledged that they could benefit from States, localities, schools, nonprofit organi- Whereas research shows that— additional advice and answers to everyday fi- zations, businesses, and the people of the (1) workers who are well-informed about nancial questions from a professional; United States to observe Financial Literacy health and safety facilitate safer workplaces; (3) 24 percent of adults in the United Month with appropriate programs and activi- and States, or approximately 56,300,000 individ- ties. (2) legal protections that allow elected uals, admitted to not paying bills on time; labor union representatives of workers to (4) 1 in 3 households reported carrying f raise safety and other concerns without fear credit card debt from month to month; SENATE RESOLUTION 428—CON- of reprisals are essential for worker safety: (5) only 39 percent of adults in the United Now, therefore, be it States reported keeping close track of their GRATULATING THE 2016 NA- Resolved, That it is the sense of the Senate spending, a percentage that held steady since TIONAL CHAMPIONS, THE UNI- that the United States should— 2007; and VERSITY OF SOUTH DAKOTA (1) support policies that create safe and de- (6) 13 percent of adults in the United States COYOTES, FOR WINNING THE 2016 cent jobs in developing countries, which are identified not having enough ‘‘rainy day’’ WOMEN’S NATIONAL INVITATION critical to ensuring peaceful and sustainable savings for an emergency, and 15 percent of TOURNAMENT economic growth and development in a adults in the United States identified not globalized world; having enough money set aside for retire- Mr. ROUNDS (for himself and Mr. (2) support policies that reduce gender- ment, as the most worrisome area of per- THUNE) submitted the following resolu- based violence, and other forms of discrimi- sonal finance; tion; which was considered and agreed nation, at work, and that improve the abil- Whereas the 2015 Retirement Confidence to: ity of women workers to speak out in defense Survey conducted by the Employee Benefit S. RES. 428 of their rights without fear of reprisals; Research Institute found that 24 percent of (3) encourage the development of an Inter- workers were ‘‘not at all confident’’ that Whereas, on April 2, 2016, the University of national Labour Conference Convention to they had enough money to retire; South Dakota Coyotes defeated the Florida address gender-based violence at work; Whereas according to the statistical re- Gulf Coast University Eagles by a score of 71 (4) promote labor rights in trade agree- lease of the Board of Governors of the Fed- to 65 in the final game of the Women’s Na- ments and enforce the right of women and eral Reserve System for the fourth quarter tional Invitation Tournament (referred to in other workers to join a labor union to defend of 2015 entitled ‘‘Financial Accounts of the this preamble as the ‘‘WNIT’’) in Vermillion, their other rights and safety; United States: Flow of Funds, Balance South Dakota; (5) use diplomatic means and international Sheets, and Integrated Macroeconomic Ac- Whereas this is the first national title for aid— counts’’, outstanding household debt in the the University of South Dakota Coyotes (A) to end violence against women in the United States was $14,200,000,000,000 at the since the transition of the University of workplace; and end of the fourth quarter of 2015; South Dakota to Division I athletics; (B) to empower women and other workers Whereas according to the 2016 Survey of Whereas the Dakota Dome of the Univer- to participate fully in their economies and to the States: Economic and Personal Finance sity of South Dakota, soon to be replaced protect their safety; and Education in Our Nation’s Schools, a bien- with a new complex, hosted its final basket- (6) encourage United States companies nial report by the Council for Economic Edu- ball game before a crowd of 7,415 fans; with international supply chains, and Fed- cation— Whereas the University of South Dakota eral agencies involved in procurement, to in- (1) only 20 States require students to take Coyotes shot 71.4 percent from beyond the 3- crease transparency and accountability in an economics course as a high school gradua- point line and 54 percent overall from the order to ensure that products are produced tion requirement; and field in their 34-point win in the semifinal of in workplaces that— (2) only 17 States require students to take the WNIT; (A) work aggressively to end gender-based a personal finance course as a high school Whereas senior guard Nicole Seekamp was workplace violence; and graduation requirement, either independ- named most valuable player of the WNIT and (B) respect the rights of women workers. ently or as part of an economics course; averaged 14 points per game throughout the f Whereas according to the Gallup-HOPE WNIT; Whereas seniors Tia Hemiller and Nicole SENATE RESOLUTION 427—DESIG- Index, only 52 percent of students in the United States have money in a bank or cred- Seekamp were each named to the WNIT all- NATING APRIL 2016 AS ‘‘FINAN- it union account; tournament team; CIAL LITERACY MONTH’’ Whereas expanding access to the safe, Whereas the 2015–16 season was the fourth Mr. REED (for himself, Mr. SCOTT, mainstream financial system will provide in- season for head coach Amy Williams, during which she won her first national title; Mr. DONNELLY, Mr. KIRK, Mr. DURBIN, dividuals with less expensive and more se- Whereas the University of South Dakota Mr. COTTON, Mr. COCHRAN, Mr. ENZI, cure options for managing finances and building wealth; Coyotes finished the 2015–16 season with a Ms. KLOBUCHAR, Mr. BLUNT, Mr. BAR- Whereas quality personal financial edu- record of 32–6; and RASSO, Mr. BROWN, Mr. FRANKEN, Mr. cation is essential to ensure that individuals Whereas the presence of 5 seniors and 4 CARDIN, Mr. CARPER, Mr. CRAPO, Mr. are prepared— juniors on the roster of the University of MORAN, Mrs. MURRAY, Mrs. FEINSTEIN, (1) to manage money, credit, and debt; and South Dakota Coyotes represents the com- Mr. BOOZMAN, Mrs. BOXER, Ms. (2) to become responsible workers, heads of mitment of the seniors and juniors to the HEITKAMP, Mr. PETERS, Mr. DAINES, household, investors, entrepreneurs, business University of South Dakota and its work to Mr. INHOFE, Mr. SCHATZ, Mr. MENEN- leaders, and citizens; enshrine the ideal of the student-athlete into DEZ, Mr. WICKER, and Mr. COONS) sub- Whereas increased financial literacy em- the ethos of the University of South Dakota: mitted the following resolution; which powers individuals to make wise financial Now, therefore, be it Resolved, That the Senate— was considered and agreed to: decisions and reduces the confusion caused by an increasingly complex economy; (1) congratulates and honors the Univer- S. RES. 427 Whereas a greater understanding of, and sity of South Dakota women’s basketball Whereas according to the Federal Deposit familiarity with, financial markets and in- team and its loyal fans on the performance Insurance Corporation (referred to in this stitutions will lead to increased economic of the team in the 2016 Women’s National In- preamble as the ‘‘FDIC’’), at least 27.7 per- activity and growth; and vitation Tournament; and cent of households in the United States, or Whereas, in 2003, Congress— (2) recognizes and commends the hard nearly 34,400,000 households with approxi- (1) determined that coordinating Federal work, dedication, determination, and com- mately 67,600,000 adults, are unbanked or financial literacy efforts and formulating a mitment to excellence of the players, par- underbanked and therefore have not had an national strategy is important; and ents, families, coaches, and managers of the opportunity to access savings, lending, and (2) in light of that determination, passed University of South Dakota women’s basket- other basic financial services; the Financial Literacy and Education Im- ball team.

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Mr. RUBIO submitted an amend- APRIL 11 THROUGH APRIL 15, MOUNTAIN DAY’’ ment intended to be proposed to amendment 2016, AS ‘‘NATIONAL ASSISTANT Mr. GARDNER (for himself and Mr. SA 3568 submitted by Ms. COLLINS (for her- PRINCIPALS WEEK’’ BENNET) submitted the following reso- self and Mr. KING) and intended to be pro- lution; which was considered and posed to the amendment SA 3464 proposed by Mr. THUNE (for himself and Mr. NELSON) to Mr. PERDUE (for himself and Mr. agreed to: CARPER) submitted the following reso- the bill H.R. 636, supra; which was ordered to S. RES. 430 lie on the table. lution; which was considered and Whereas, since 1966, Cheyenne Mountain SA 3792. Mr. CORNYN submitted an agreed to: Air Force Station (in this preamble referred amendment intended to be proposed to to as ‘‘Cheyenne Mountain’’) in Colorado amendment SA 3754 submitted by Mr. HATCH S. RES. 429 Springs, Colorado, has been a synergistic hub and intended to be proposed to the amend- Whereas the National Association of Sec- for tracking security threats worldwide, ment SA 3679 proposed by Mr. MCCONNELL ondary School Principals (NASSP), the Na- serving as an essential component to the de- (for Mr. THUNE (for himself and Mr. NELSON)) tional Association of Elementary School fense of North America and to global secu- to the bill H.R. 636, supra; which was ordered Principals (NAESP), and the American Fed- rity; to lie on the table. eration of School Administrators (AFSA) Whereas countless space and ground sensor SA 3793. Mr. SASSE submitted an amend- have designated the week of April 11 through data collections are synthesized at Cheyenne ment intended to be proposed to amendment April 15, 2016, as ‘‘National Assistant Prin- Mountain, providing vital information for SA 3464 submitted by Mr. THUNE (for himself cipals Week’’; the key threat assessments needed to ensure and Mr. NELSON) to the bill H.R. 636, supra; the safety and security of millions of people which was ordered to lie on the table. Whereas an assistant principal, as a mem- SA 3794. Mr. SASSE submitted an amend- throughout North America; ber of the school administration, interacts ment intended to be proposed to amendment Whereas the 21st Space Wing at Peterson with many sectors of the school community, SA 3464 submitted by Mr. THUNE (for himself Air Force Base in Colorado Springs, Colo- including support staff, instructional staff, and Mr. NELSON) to the bill H.R. 636, supra; rado, provides operational support and infra- students, and parents; which was ordered to lie on the table. Whereas assistant principals are respon- structure sustainability; SA 3795. Mr. SASSE submitted an amend- sible for establishing a positive learning en- Whereas the 721st Mission Support Group ment intended to be proposed to amendment at Cheyenne Mountain provides dedicated vironment and building strong relationships SA 3464 submitted by Mr. THUNE (for himself daily sustainment to more than 13 mission between school and community; and Mr. NELSON) to the bill H.R. 636, supra; partners performing the national security Whereas assistant principals play a pivotal which was ordered to lie on the table. mission inside of the Cheyenne Mountain SA 3796. Mr. SASSE submitted an amend- role in the instructional leadership of their Complex; schools by supervising student instruction, ment intended to be proposed to amendment Whereas, every day, more than 1,000 mili- SA 3464 submitted by Mr. THUNE (for himself mentoring teachers, recognizing the achieve- tary and civilian personnel of the United and Mr. NELSON) to the bill H.R. 636, supra; ments of staff, encouraging collaboration States and Canada, residing in Colorado and which was ordered to lie on the table. among staff, ensuring the implementation of working at Cheyenne Mountain, are ever SA 3797. Mr. SASSE submitted an amend- best practices, monitoring student achieve- vigilant in ensuring the collective common ment intended to be proposed to amendment ment and progress, facilitating and modeling defense of North America; SA 3464 submitted by Mr. THUNE (for himself data-driven decision-making to inform in- Whereas Cheyenne Mountain is— and Mr. NELSON) to the bill H.R. 636, supra; struction, and guiding the direction of tar- (1) a valuable national security asset; which was ordered to lie on the table. geted intervention and school improvement; (2) seen as one of the greatest engineering f Whereas the day-to-day logistical oper- marvels of its time; and ations of schools require assistant principals (3) relevant both now and in the future; TEXT OF AMENDMENTS to monitor and address facility needs, at- Whereas Colorado is proud to be a nexus of SA 3789. Mr. RUBIO submitted an tendance, transportation issues, and sched- capabilities that provide for the defense of amendment intended to be proposed to uling challenges, as well as supervise extra- North America, which is critical to global se- amendment SA 3725 submitted by Mr. curity not only today but also in the future; and co-curricular events; FLAKE and intended to be proposed to Whereas assistant principals are entrusted and Whereas April 20, 2016, is the 50th anniver- the amendment SA 3679 proposed by with maintaining an inviting, safe, and or- sary of Cheyenne Mountain achieving full Mr. MCCONNELL (for Mr. THUNE (for derly school environment that supports the operational capability and would be an ap- himself and Mr. NELSON)) to the bill growth and achievement of each and every propriate date to designate as ‘‘Cheyenne H.R. 636, to amend the Internal Rev- student by nurturing positive peer relation- Mountain Day’’: Now, therefore, be it enue Code of 1986 to permanently ex- ships, recognizing student achievement, me- Resolved, That the Senate— tend increased expensing limitations, diating conflicts, analyzing behavior pat- (1) supports the designation of April 20, terns, providing interventions, and, when and for other purposes; which was or- 2016, as ‘‘Cheyenne Mountain Day’’; dered to lie on the table; as follows: necessary, taking disciplinary actions; (2) recognizes the strategic importance of Whereas since its establishment in 2004, Cheyenne Mountain Air Force Station to the At the end, add the following: the NASSP National Assistant Principal of defense of North America; and (d) LIMITATION ON EFFECT UNTIL CRIMINALS the Year Program recognizes outstanding (3) commends the efforts of the 21st Space EXTRADITED.—This section shall not apply until the President certifies to Congress that middle and high school assistant principals Wing, the 721st Mission Support Group, and the Government of Cuba has extradited or who demonstrate success in leadership, cur- the 1,000 military and civilian personnel of otherwise rendered to the United States all the United States and Canada working at the riculum, and personalization; and individuals in Cuba who are sought by the Cheyenne Mountain Complex to support the Whereas the week of April 11 through April Department of Justice for crimes committed collective common defense of North Amer- 15, 2016, is an appropriate week to designate in the United States, including— ica. as National Assistant Principals Week: Now, (1) General Ruben Martinez Puente, Colo- therefore, be it f nel Lorenzo Alberto Perez-Perez, and Colonel Resolved, That the Senate— AMENDMENTS SUBMITTED AND Francisco Perez-Perez; and (1) supports the designation of April 11 PROPOSED (2) fugitive hijackers residing in Cuba, in- through April 15, 2016, as ‘‘National Assist- cluding Charlie Hill. ant Principals Week’’; SA 3789. Mr. RUBIO submitted an amend- (e) LIMITATION ON EFFECT UNTIL COMPENSA- ment intended to be proposed to amendment TION PROVIDED FOR CONFISCATED PROPERTY.— (2) honors the contributions of assistant SA 3725 submitted by Mr. FLAKE and in- This section shall not apply until the Presi- principals to the success of students in the tended to be proposed to the amendment SA dent certifies to Congress that the Govern- United States; and 3679 proposed by Mr. MCCONNELL (for Mr. ment of Cuba has— (3) encourages the people of the United THUNE (for himself and Mr. NELSON)) to the (1) returned to all United States citizens, States to observe National Assistant Prin- bill H.R. 636, to amend the Internal Revenue and entities for which United States citizens cipals Week with appropriate ceremonies and Code of 1986 to permanently extend increased have an ownership interest of 50 percent or activities that promote awareness of the role expensing limitations, and for other pur- more, property confiscated from those citi- played by assistant principals in school lead- poses; which was ordered to lie on the table. zens and entities by the Government of Cuba ership and ensuring that every child has ac- SA 3790. Mr. RUBIO submitted an amend- on or after January 1, 1959; or cess to a high-quality education. ment intended to be proposed to amendment (2) provided equitable compensation to SA 3557 submitted by Mr. FLAKE (for himself, those citizens and entities for such con- Mr. LEAHY, Mr. DURBIN, Mr. ENZI, Ms. COL- fiscated property.

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(f) LIMITATION ON EFFECT UNTIL COMPENSA- (g) LIMITATION ON EFFECT UNTIL COMPENSA- an air carrier that receives an exemption TION PROVIDED FOR JUDGMENTS IN UNITED TION PROVIDED FOR CONFISCATED PROPERTY.— under subsection (a) shall have sole discre- STATES.—This section shall not apply until This section shall not apply until the Presi- tion concerning the use of the exemption, in- the President certifies to Congress that the dent certifies to Congress that the Govern- cluding the selection of the initial airport Government of Cuba has provided compensa- ment of Cuba has— and any subsequent airports to be served. tion to resolve all outstanding judgments (1) returned to all United States citizens, (d) RETURN OF WITHIN-PERIMETER SLOTS.— against the Government of Cuba issued by a and entities for which United States citizens An air carrier shall be entitled to the return court in the United States. have an ownership interest of 50 percent or by the Secretary of a slot for flights within more, property confiscated from those citi- the perimeter restriction if the use of an ex- SA 3790. Mr. RUBIO submitted an zens and entities by the Government of Cuba emption made available to the air carrier amendment intended to be proposed to on or after January 1, 1959; or under subsection (a) is discontinued. amendment SA 3557 submitted by Mr. (2) provided equitable compensation to (e) PROHIBITION AGAINST TRANSFERS.—In those citizens and entities for such con- accordance with section 41714(j) of title 49, FLAKE (for himself, Mr. LEAHY, Mr. fiscated property. United States Code, an exemption granted DURBIN, Mr. ENZI, Ms. COLLINS, Mr. (h) LIMITATION ON EFFECT UNTIL COMPENSA- under subsection (a) to an air carrier may HELLER, and Mr. WHITEHOUSE) and in- TION PROVIDED FOR JUDGMENTS IN UNITED not be bought, sold, leased, or otherwise tended to be proposed to the bill H.R. STATES.—This section shall not apply until transferred by the air carrier. 636, to amend the Internal Revenue the President certifies to Congress that the Code of 1986 to permanently extend in- Government of Cuba has provided compensa- SA 3793. Mr. SASSE submitted an creased expensing limitations, and for tion to resolve all outstanding judgments amendment intended to be proposed to against the Government of Cuba issued by a amendment SA 3464 submitted by Mr. other purposes; which was ordered to court in the United States. lie on the table; as follows: THUNE (for himself and Mr. NELSON) to At the end, add the following: SA 3792. Mr. CORNYN submitted an the bill H.R. 636, to amend the Internal (d) LIMITATION ON EFFECT UNTIL CRIMINALS amendment intended to be proposed to Revenue Code of 1986 to permanently EXTRADITED.—This section shall not apply amendment SA 3754 submitted by Mr. extend increased expensing limita- until the President certifies to Congress that HATCH and intended to be proposed to tions, and for other purposes; which the Government of Cuba has extradited or the amendment SA 3679 proposed by was ordered to lie on the table; as fol- otherwise rendered to the United States all Mr. MCCONNELL (for Mr. THUNE (for lows: individuals in Cuba who are sought by the himself and Mr. NELSON)) to the bill Department of Justice for crimes committed Strike section 1215 and insert the fol- in the United States, including— H.R. 636, to amend the Internal Rev- lowing: (1) General Ruben Martinez Puente, Colo- enue Code of 1986 to permanently ex- SEC. 1215. REPORT ON NON-MOVEMENT AREA nel Lorenzo Alberto Perez-Perez, and Colonel tend increased expensing limitations, SURVEILLANCE PILOT PROGRAM. Francisco Perez-Perez; and and for other purposes; which was or- (a) IN GENERAL.—The Administrator of the (2) fugitive hijackers residing in Cuba, in- dered to lie on the table; as follows: Federal Aviation Administration shall sub- mit to Congress a report— cluding Charlie Hill. At the appropriate place, insert the fol- (1) assessing the feasibility and advis- (e) LIMITATION ON EFFECT UNTIL COMPENSA- lowing: ability of a pilot program to support non- TION PROVIDED FOR CONFISCATED PROPERTY.— SEC. 5033. AUTHORIZATION OF ADDITIONAL SLOT This section shall not apply until the Presi- EXEMPTIONS. Federal acquisition and installation of quali- fying non-movement area surveillance sur- dent certifies to Congress that the Govern- (a) IN GENERAL.—In addition to the provi- ment of Cuba has— sions of section 5032 of this Act and notwith- face display systems and sensors; (1) returned to all United States citizens, standing sections 49104(a)(5), 49109, and 41714 (2) evaluating if— and entities for which United States citizens of title 49, United States Code, not later than (A) acquisition and installation of quali- have an ownership interest of 50 percent or 90 days after the date of the enactment of fying non-movement area surveillance sur- more, property confiscated from those citi- this Act, the Secretary shall, by order, grant face display systems and sensors improve zens and entities by the Government of Cuba exemptions from the requirements of sub- safety or capacity in the National Airspace on or after January 1, 1959; or parts K and S of part 93 of title 14, Code of System; and (2) provided equitable compensation to Federal Regulations, to enable air carriers to (B) the non-movement area surveillance those citizens and entities for such con- operate limited frequencies and aircraft on surface display systems and sensors are sup- fiscated property. routes between Ronald Reagan Washington plemental to existing movement area sys- (f) LIMITATION ON EFFECT UNTIL COMPENSA- National Airport and airports located beyond tems and sensors at the selected airports es- TION PROVIDED FOR JUDGMENTS IN UNITED the perimeter restriction. tablished under other programs administered STATES.—This section shall not apply until (b) BEYOND-PERIMETER OPERATIONS.—The by the Administrator; and the President certifies to Congress that the Secretary shall make available, upon re- (3) making recommendations with respect Government of Cuba has provided compensa- quest, not more than 2 exemptions made to the content of the pilot program described tion to resolve all outstanding judgments available under subsection (a) to each air in paragraph (1), including with respect to against the Government of Cuba issued by a carrier that— procurement procedures and the possibility court in the United States. (1) sells flights in its own name; of establishing data exchange processes to (2) has daily scheduled service at Ronald allow airport participation in the Federal SA 3791. Mr. RUBIO submitted an Reagan Washington National Airport as of Aviation Administration’s Airport Collabo- amendment intended to be proposed to the date of the enactment of this Act; and rative Decision Making process and fusion of the non-movement surveillance data with amendment SA 3568 submitted by Ms. (3) commits, in using such an exemption— (A) to discontinue the use of a slot for the Administration’s movement area sys- COLLINS (for herself and Mr. KING) and service between Ronald Reagan Washington tems. intended to be proposed to the amend- National Airport and a large hub airport (b) DEFINITIONS.—In this section: ment SA 3464 proposed by Mr. THUNE within the perimeter restriction and to oper- (1) NON-MOVEMENT AREA.—The term ‘‘non- (for himself and Mr. NELSON) to the bill ate, in place of such service, service between movement area’’ is the portion of the airfield H.R. 636, to amend the Internal Rev- Ronald Reagan Washington National Airport surface that is not under the control of air enue Code of 1986 to permanently ex- and a medium hub airport or small hub air- traffic control. tend increased expensing limitations, port located beyond the perimeter restric- (2) NON-MOVEMENT AREA SURVEILLANCE SUR- FACE DISPLAY SYSTEM AND SENSORS.—The and for other purposes; which was or- tion that has no daily nonstop air service to Ronald Reagan Washington National Airport term ‘‘non-movement area surveillance sur- dered to lie on the table; as follows: as of the date of the enactment of this Act; face display system and sensors’’ is a non- At the end, add the following: (B) to operate an aircraft, not to include a Federal surveillance system that uses on-air- (f) LIMITATION ON EFFECT UNTIL CRIMINALS multi-aisle or wide body aircraft, with equal port sensors that track vehicles or aircraft EXTRADITED.—This section shall not apply or lesser passenger capacity when compared that are equipped with transponders in the until the President certifies to Congress that to the aircraft used on service discontinued non-movement area. the Government of Cuba has extradited or under subparagraph (A); and (3) QUALIFYING NON-MOVEMENT AREA SUR- otherwise rendered to the United States all (C) to file a notice of intent with the Sec- VEILLANCE SURFACE DISPLAY SYSTEM AND SEN- individuals in Cuba who are sought by the retary to inform the Secretary of any change SORS.—The term ‘‘qualifying non-movement Department of Justice for crimes committed in circumstances concerning the use of the area surveillance surface display system and in the United States, including— exemption that specifies the airport to be sensors’’ is a non-movement area surveil- (1) General Ruben Martinez Puente, Colo- served using the exemption, the type of air- lance surface display system that— nel Lorenzo Alberto Perez-Perez, and Colonel craft to be used, and the slot the carrier is (A) provides the required transmit and re- Francisco Perez-Perez; and discontinuing under subparagraph (A). ceive data formats consistent with the Na- (2) fugitive hijackers residing in Cuba, in- (c) AIR CARRIER DISCRETION.—Except with tional Airspace System architecture at the cluding Charlie Hill. respect to the requirements of subsection (b), appropriate service delivery point;

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A14AP6.025 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 14, 2016 CONGRESSIONAL RECORD — SENATE S2105 (B) is on-airport; and (5) protections against disabling flight re- mittee on Homeland Security and Gov- (C) is airport operated. corder systems. ernmental Affairs be authorized to (c) COORDINATION.—In assessing the possi- meet during the session of the Senate SA 3794. Mr. SASSE submitted an bility of revising performance standards under subsection (a), the Administrator shall on April 14, 2016, at 10 a.m., to conduct amendment intended to be proposed to a hearing entitled ‘‘The Federal Per- amendment SA 3464 submitted by Mr. consult with international regulatory au- thorities and the International Civil Avia- spective on the State of Our Nation’s THUNE (for himself and Mr. NELSON) to tion Organization to assess how to ensure Biodefense.’’ the bill H.R. 636, to amend the Internal that any new international standard for air- The PRESIDING OFFICER. Without Revenue Code of 1986 to permanently craft tracking and flight data recovery is objection, it is so ordered. extend increased expensing limita- consistent with a performance based ap- COMMITTEE ON THE JUDICIARY tions, and for other purposes; which proach and is implemented in a globally har- Mr. GARDNER. Mr. President, I ask was ordered to lie on the table; as fol- monized manner. unanimous consent that the Com- lows: SA 3797. Mr. SASSE submitted an mittee on the Judiciary be authorized Beginning on page 59, strike line 18 and all amendment intended to be proposed to to meet during the session of the Sen- that follows through page 60, line 2, and in- amendment SA 3464 submitted by Mr. sert the following: ate on April 14, 2016, at 10 a.m., in room THUNE (for himself and Mr. NELSON) to SD–226 of the Dirksen Senate Office (c) DEADLINE.—Not later than 1 year after the bill H.R. 636, to amend the Internal the date of enactment of this Act, the Direc- Building. tor shall submit to the appropriate commit- Revenue Code of 1986 to permanently The PRESIDING OFFICER. Without tees of Congress the consensus identification extend increased expensing limita- objection, it is so ordered. standards, and the Administrator shall issue tions, and for other purposes; which SELECT COMMITTEE ON INTELLIGENCE legislative recommendations for codifying was ordered to lie on the table; as fol- Mr. GARDNER. Mr. President, I ask such standards. lows: unanimous consent that the Select Strike section 3109 and insert the fol- Committee on Intelligence be author- SA 3795. Mr. SASSE submitted an lowing: ized to meet during the session of the amendment intended to be proposed to SEC. 3109. REFUNDS FOR DELAYED BAGGAGE. amendment SA 3464 submitted by Mr. Not later than 1 year after the date of en- Senate on April 14, 2016, at 2 p.m, in THUNE (for himself and Mr. NELSON) to actment of this Act, the Secretary of Trans- room SH–219 of the Hart Senate Office the bill H.R. 636, to amend the Internal portation shall submit recommendations to Building. Revenue Code of 1986 to permanently Congress with respect to the feasibility and The PRESIDING OFFICER. Without advisability of requiring a covered air car- objection, it is so ordered. extend increased expensing limita- rier to promptly provide an automatic re- SUBCOMMITTEE ON PUBLIC LANDS, FORESTS, tions, and for other purposes; which fund to a passenger in the amount of any ap- AND MINING was ordered to lie on the table; as fol- plicable ancillary fees paid if the covered air lows: carrier has charged the passenger an ancil- Mr. GARDNER. Mr. President, I ask unanimous consent that the Com- On page 131, strike lines 11 through 19, and lary fee for checked baggage but the covered insert the following: air carrier fails to deliver the checked bag- mittee on Energy and Natural Re- gage to the passenger not later than 6 to 12 (C) CONSIDERATIONS.—In making a deter- sources’ Subcommittee on Public hours after the arrival of a domestic flight or mination whether to grant or deny an appli- Lands, Forests, and Mining be author- 12 to 24 hours after the arrival of an inter- cation for a designation, the Administrator ized to meet during the session of the national flight. shall consider— Senate on April 14, 2016, at 2:30 p.m., in (i) aviation safety; f room SD–366 of the Dirksen Senate Of- (ii) personal safety of the uninvolved pub- AUTHORITY FOR COMMITTEES TO fice Building. lic; MEET The PRESIDING OFFICER. Without (iii) national security; and objection, it is so ordered. (iv) homeland security. COMMITTEE ON AGRICULTURE, NUTRITION, AND FORESTRY SUBCOMMITTEE ON SECURITIES, INSURANCE, AND SA 3796. Mr. SASSE submitted an Mr. GARDNER. Mr. President, I ask INVESTMENT AND THE SUBCOMMITTEE ON ECO- amendment intended to be proposed to unanimous consent that the Com- NOMIC POLICY amendment SA 3464 submitted by Mr. mittee on Agriculture, Nutrition, and Mr. GARDNER. Mr. President, I ask THUNE (for himself and Mr. NELSON) to Forestry be authorized to meet during unanimous consent that the Com- the bill H.R. 636, to amend the Internal the session of the Senate on April 14, mittee on Banking, Housing, and Revenue Code of 1986 to permanently 2016, at 9:30 a.m., in room SR–328A of Urban Affairs Subcommittee on Secu- extend increased expensing limita- the Russell Senate Office Building. rities, Insurance, and Investment and tions, and for other purposes; which The PRESIDING OFFICER. Without Economic Policy be authorized to meet was ordered to lie on the table; as fol- objection, it is so ordered. during the session of the Senate on lows: COMMITTEE ON AGRICULTURE, NUTRITION, AND April 14, 2016, at 10 a.m., to conduct a hearing entitled ‘‘Examining the Cur- Strike section 2303 and insert the fol- FORESTRY lowing: Mr. GARDNER. Mr. President, I ask rent Trends and Changes in Fixed-In- come Markets.’’ SEC. 2303. AIRCRAFT TRACKING AND FLIGHT unanimous consent that the Com- DATA. mittee on Agriculture, Nutrition, and The PRESIDING OFFICER. Without (a) IN GENERAL.—Not later than 1 year Forestry be authorized to meet during objection, it is so ordered. after the date of enactment of this Act, the the session of the Senate on April 14, f Administrator of the Federal Aviation Ad- 2016, at 10:45 a.m., in the President’s ministration shall assess current perform- NEVADA NATIVE NATIONS LAND Room of the Capitol. ACT ance standards and submit to Congress rec- The PRESIDING OFFICER. Without ommendations for revising the standards to objection, it is so ordered. Mr. SULLIVAN. Madam President, I improve near-term and long-term aircraft COMMITTEE ON ENERGY AND NATURAL ask unanimous consent that the Sen- tracking and flight data recovery, including ate proceed to the immediate consider- retrieval, access, and protection of such data RESOURCES after an incident or accident. Mr. GARDNER. Mr. President, I ask ation of Calendar No. 377, S. 1436 (b) CONSIDERATIONS.—In assessing the per- unanimous consent that the Com- The PRESIDING OFFICER. The formance standards under subsection (a), the mittee on Energy and Natural Re- clerk will report the bill by title. Administrator shall consider— sources be authorized to meet during The legislative clerk read as follows: (1) various methods for improving detec- the session of the Senate on April 14, A bill (S. 1436) to require the Secretary of tion and retrieval of flight data, including— 2016, at 9 a.m., in room SD–366 of the the Interior to take land into trust for cer- (A) low frequency underwater locating de- Dirksen Senate Office Building. tain Indian tribes, and for other purposes. vices; and The PRESIDING OFFICER. Without There being no objection, the Senate (B) extended battery life for underwater lo- proceeded to consider the bill, which cating devices; objection, it is so ordered. (2) automatic deployable flight recorders; COMMITTEE ON HOMELAND SECURITY AND had been reported from the Committee (3) triggered transmission of flight data, GOVERNMENTAL AFFAIRS on Indian Affairs, with an amendment and other satellite-based solutions; Mr. GARDNER. Mr. President, I ask to strike all after the enacting clause (4) distress-mode tracking; and unanimous consent that the Com- and insert in lieu thereof the following:

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 6333 E:\CR\FM\A14AP6.026 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE S2106 CONGRESSIONAL RECORD — SENATE April 14, 2016 SECTION 1. SHORT TITLE. Land Management as generally depicted on the tion 3, the Secretary, in consultation and co- This Act may be cited as the ‘‘Nevada Native map as ‘‘Reservation Conveyance Lands’’. ordination with the applicable Indian tribe, may Nations Land Act’’. (d) CONVEYANCE OF LAND TO BE HELD IN carry out any fuel reduction and other land- SEC. 2. DEFINITION OF SECRETARY. TRUST FOR THE RENO-SPARKS INDIAN COLONY.— scape restoration activities, including restora- In this Act, the term ‘‘Secretary’’ means the (1) DEFINITION OF MAP.—In this subsection, tion of sage grouse habitat, on the land that is Secretary of the Interior. the term ‘‘map’’ means the map entitled ‘‘Reno- beneficial to the Indian tribe and the Bureau of Sparks Indian Colony Expansion’’, dated June Land Management. SEC. 3. CONVEYANCE OF LAND TO BE HELD IN 11, 2014, and on file and available for public in- TRUST FOR CERTAIN INDIAN Mr. SULLIVAN. I ask unanimous spection in the appropriate offices of the Bureau TRIBES. consent that the committee-reported (a) CONVEYANCE OF LAND TO BE HELD IN of Land Management. (2) CONVEYANCE OF LAND.—Subject to valid amendment be agreed to, the bill, as TRUST FOR THE FORT MCDERMITT PAIUTE AND existing rights, all right, title, and interest of amended, be read a third time and SHOSHONE TRIBE.— the United States in and to the land described in (1) DEFINITION OF MAP.—In this subsection, passed, and that the motion to recon- the term ‘‘map’’ means the map entitled ‘‘Fort paragraph (3)— sider be considered made and laid upon (A) is held in trust by the United States for McDermitt Indian Reservation Expansion Act’’, the table. the benefit of the Reno-Sparks Indian Colony; dated February 21, 2013, and on file and avail- The PRESIDING OFFICER. Without and able for public inspection in the appropriate of- (B) shall be part of the reservation of the objection, it is so ordered. fices of the Bureau of Land Management. Reno-Sparks Indian Colony. The committee-reported amendment (2) CONVEYANCE OF LAND.—Subject to valid (3) DESCRIPTION OF LAND.—The land referred in the nature of a substitute was existing rights, all right, title, and interest of to in paragraph (2) is the approximately 13,434 agreed to. the United States in and to the land described in acres of land administered by the Bureau of paragraph (3)— The bill (S. 1436), as amended, was or- Land Management as generally depicted on the (A) is held in trust by the United States for dered to be engrossed for a third read- map as ‘‘RSIC Amended Boundary’’. the benefit of the Fort McDermitt Paiute and ing, was read the third time, and (e) CONVEYANCE OF LAND TO BE HELD IN Shoshone Tribe; and passed. TRUST FOR THE PYRAMID LAKE PAIUTE TRIBE.— (B) shall be part of the reservation of the Fort (1) MAP.—In this subsection, the term ‘‘map’’ f McDermitt Paiute and Shoshone Tribe. means the map entitled ‘‘Pyramid Lake Indian (3) DESCRIPTION OF LAND.—The land referred Reservation Expansion’’, dated April 13, 2015, NATIONAL POW/MIA to in paragraph (2) is the approximately 19,094 and on file and available for public inspection REMEMBRANCE ACT OF 2015 acres of land administered by the Bureau of in the appropriate offices of the Bureau of Land Land Management as generally depicted on the Mr. SULLIVAN. Madam President, I Management. ask unanimous consent that the Sen- map as ‘‘Reservation Expansion Lands’’. (2) CONVEYANCE OF LAND.—Subject to valid (b) CONVEYANCE OF LAND TO BE HELD IN existing rights, all right, title, and interest of ate proceed to the immediate consider- TRUST FOR THE SHOSHONE PAIUTE TRIBES.— the United States in and to the land described in ation of H.R. 1670, which was received (1) DEFINITION OF MAP.—In this subsection, paragraph (3)— from the House. the term ‘‘map’’ means the map entitled ‘‘Moun- (A) is held in trust by the United States for The PRESIDING OFFICER. The tain City Administrative Site Proposed Acquisi- the benefit of the Pyramid Lake Paiute Tribe; clerk will report the bill by title. tion’’, dated July 29, 2013, and on file and avail- and The legislative clerk read as follows: able for public inspection in the appropriate of- (B) shall be part of the reservation of the Pyr- A bill (H.R. 1670) to direct the Architect of fices of the Forest Service. amid Lake Paiute Tribe. the Capitol to place in the United States (2) CONVEYANCE OF LAND.—Subject to valid (3) DESCRIPTION OF LAND.—The land referred Capitol a chair honoring American Prisoners existing rights and paragraph (4), all right, title, to in paragraph (2) is the approximately 6,357 of War/Missing in Action. and interest of the United States in and to the acres of land administered by the Bureau of land described in paragraph (3)— Land Management as generally depicted on the There being no objection, the Senate (A) is held in trust by the United States for map as ‘‘Reservation Expansion Lands’’. proceeded to consider the bill. the benefit of the Shoshone Paiute Tribes of the (f) CONVEYANCE OF LAND TO BE HELD IN Mr. SULLIVAN. I ask unanimous Duck Valley Indian Reservation; and TRUST FOR THE DUCKWATER SHOSHONE TRIBE.— consent that the bill be read a third (B) shall be part of the reservation of the Sho- (1) MAP.—In this subsection, the term ‘‘map’’ time and passed and that the motion to shone Paiute Tribes of the Duck Valley Indian means the map entitled ‘‘Duckwater Reservation Reservation. Expansion’’, dated October 15, 2015, and on file reconsider be considered made and laid (3) DESCRIPTION OF LAND.—The land referred and available for public inspection in the appro- upon the table. to in paragraph (2) is the approximately 82 acres priate offices of the Bureau of Land Manage- The PRESIDING OFFICER. Without of land administered by the Forest Service as ment. objection, it is so ordered. generally depicted on the map as ‘‘Proposed Ac- (2) CONVEYANCE OF LAND.—Subject to valid The bill (H.R. 1670) was ordered to a quisition Site’’. existing rights, all right, title, and interest of third reading, was read the third time, (4) CONDITION ON CONVEYANCE.—The convey- the United States in and to the land described in and passed. ance under paragraph (2) shall be subject to the paragraph (3)— reservation of an easement on the conveyed (A) is held in trust by the United States for f land for a road to provide access to adjacent the benefit of the Duckwater Shoshone Tribe; HONORING RUTGERS, THE STATE National Forest System land for use by the For- and est Service for administrative purposes. (B) shall be part of the reservation of the UNIVERSITY OF NEW JERSEY, (5) FACILITIES AND IMPROVEMENTS.—The Sec- Duckwater Shoshone Tribe. AS RUTGERS CELEBRATES ITS retary of Agriculture (acting through the Chief (3) DESCRIPTION OF LAND.—The land referred 250TH ANNIVERSARY of the Forest Service) shall convey to the Sho- to in paragraph (2) is the approximately 31,229 Mr. SULLIVAN. Madam President, I shone Paiute Tribes of the Duck Valley Indian acres of land administered by the Bureau of ask unanimous consent that the Judi- Reservation any existing facilities or improve- Land Management as generally depicted on the ments to the land described in paragraph (3). map as ‘‘Reservation Expansion Lands’’. ciary Committee be discharged and the (c) CONVEYANCE OF LAND TO BE HELD IN (g) REVOCATION OF PUBLIC LAND ORDERS.— Senate proceed to the immediate con- TRUST FOR THE SUMMIT LAKE PAIUTE TRIBE.— Any public land order that withdraws any por- sideration of S. Res. 311. (1) DEFINITION OF MAP.—In this section, the tion of land conveyed to an Indian tribe under The PRESIDING OFFICER. Without term ‘‘map’’ means the map entitled ‘‘Summit this section shall be revoked to the extent nec- objection, it is so ordered. Lake Indian Reservation Conveyance’’, dated essary to permit the conveyance of the land. The clerk will report the resolution February 28, 2013, and on file and available for SEC. 4. ADMINISTRATION. by title. public inspection in the appropriate offices of (a) SURVEY.—Not later than 180 days after the The senior assistant legislative clerk the Bureau of Land Management. date of enactment of this Act, the Secretary read as follows: (2) CONVEYANCE OF LAND.—Subject to valid shall complete a survey of the boundary lines to existing rights, all right, title, and interest of establish the boundaries of the land taken into A resolution (S. Res. 311) honoring Rut- the United States in and to the land described in trust for each Indian tribe under section 3. gers, the State University of New Jersey, as paragraph (3)— (b) USE OF TRUST LAND.— Rutgers celebrates its 250th anniversary. (A) is held in trust by the United States for (1) GAMING.—Land taken into trust under sec- There being no objection, the Senate the benefit of the Summit Lake Paiute Tribe; tion 3 shall not be eligible, or considered to have proceeded to consider the resolution. and been taken into trust, for class II gaming or Mr. SULLIVAN. Madam President, I (B) shall be part of the reservation of the class III gaming (as those terms are defined in Summit Lake Paiute Tribe. section 4 of the Indian Gaming Regulatory Act ask unanimous consent that the reso- (3) DESCRIPTION OF LAND.—The land referred (25 U.S.C. 2703)). lution be agreed to, the preamble be to in paragraph (2) is the approximately 941 (2) THINNING; LANDSCAPE RESTORATION.—With agreed to, and the motions to recon- acres of land administered by the Bureau of respect to the land taken into trust under sec- sider be considered made and laid upon

VerDate Sep 11 2014 05:36 Apr 15, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A14AP6.033 S14APPT1 smartinez on DSK6SPTVN1PROD with SENATE April 14, 2016 CONGRESSIONAL RECORD — SENATE S2107 the table with no intervening action or IN THE AIR FORCE COREY M. TEAGARDEN CASEY T. TURNER debate. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DAVID J. VARGAS The PRESIDING OFFICER. Without IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- HEATHER J. WERTH CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE BRENT J. WILKERSON objection, it is so ordered. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION STUART S. WINKLER The resolution (S. Res. 311) was 601: MARIA V. ZILINSKI KEVIN R. ZIMMERMAN agreed to. To be general KONSTANTINA ZUBER The preamble was agreed to. GEN. LORI J. ROBINSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT (The resolution, with its preamble, is THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES AIR printed in the RECORD of November 9, IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- FORCE UNDER TITLE 10, U.S.C., SECTION 624: 2015, under ‘‘Submitted Resolutions.’’) CATED UNDER TITLE 10, U.S.C., SECTION 624: To be major To be major general f KRISTIE L. PARTIN BRIG. GEN. JON T. THOMAS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESOLUTIONS SUBMITTED TODAY TO THE GRADE INDICATED IN THE UNITED STATES AIR IN THE ARMY FORCE UNDER TITLE 10, U.S.C., SECTION 624: Mr. SULLIVAN. Madam President, I THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be major ask unanimous consent that the Sen- IN THE UNITED STATES ARMY TO THE GRADE INDICATED ate proceed to the en bloc consider- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND AIMEE D. SAFFORD RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ation of the following Senate resolu- To be lieutenant general TO THE GRADE INDICATED IN THE UNITED STATES AIR tions which were submitted earlier FORCE UNDER TITLE 10, U.S.C., SECTION 624: MAJ. GEN. STEPHEN M. TWITTY To be lieutenant colonel today: S. Res. 427, S. Res. 428, S. Res. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 429, and S. Res. 430. IN THE UNITED STATES ARMY TO THE GRADE INDICATED TRACEY A. GOSSER There being no objection, the Senate WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: proceeded to consider the resolutions IN THE GRADE INDICATED IN THE REGULAR AIR FORCE To be lieutenant general UNDER TITLE 10, U.S.C., SECTION 531: en bloc. To be lieutenant colonel Mr. SULLIVAN. Madam President, I MAJ. GEN. JOHN G. ROSSI THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TODD R. HOWELL ask unanimous consent that the reso- IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE ARMY lutions be agreed to, the preambles be WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND agreed to, and the motions to recon- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be general TO THE GRADE INDICATED IN THE UNITED STATES ARMY sider be laid upon the table en bloc. DENTAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 The PRESIDING OFFICER. Without LT. GEN. ROBERT B. BROWN AND 3064: objection, it is so ordered. IN THE MARINE CORPS To be lieutenant colonel The resolutions were agreed to. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PHILLIP W. NEAL The preambles were agreed to. IN THE UNITED STATES MARINE CORPS TO THE GRADE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT (The resolutions, with their pre- INDICATED UNDER TITLE 10, U.S.C., SECTION 624: TO THE GRADE INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., SECTIONS 624: ambles, are printed in today’s RECORD To be major general To be colonel under ‘‘Submitted Resolutions.’’) BRIG. GEN. CHARLES G. CHIAROTTI BRIG. GEN. DAVID W. COFFMAN KODJO S. KNOXLIMBACKER f BRIG. GEN. PAUL J. KENNEDY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIG. GEN. JOAQUIN F. MALAVET TO THE GRADE INDICATED IN THE RESERVE OF THE ORDER FOR INTERVENING DAY BRIG. GEN. LORETTA E. REYNOLDS ARMY UNDER TITLE 10, U.S.C., SECTION 12203: BRIG. GEN. RUSSELL A. SANBORN Mr. SULLIVAN. Madam President, I BRIG. GEN. GEORGE W. SMITH, JR. To be colonel ask unanimous consent that Friday, BRIG. GEN. MARK R. WISE LORI R. SCHANHALS April 15, count as the intervening day BRIG. GEN. DANIEL D. YOO IN THE COAST GUARD THE FOLLOWING NAMED OFFICER FOR APPOINTMENT with respect to the cloture motion on TO THE GRADE INDICATED IN THE UNITED STATES ARMY the motion to proceed to H.R. 2028. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: AS DEPUTY COMMANDANT FOR OPERATIONS, A POSITION To be lieutenant colonel The PRESIDING OFFICER. Without OF IMPORTANCE AND RESPONSIBILITY IN THE UNITED objection, it is so ordered. STATES COAST GUARD AND TO THE GRADE INDICATED DREW R. CONOVER UNDER TITLE 14, U. S.C., SECTION 50: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f To be vice admiral TO THE GRADE INDICATED IN THE UNITED STATES ARMY UNDER TITLE 10, U.S.C., SECTION 624: ORDERS FOR MONDAY, APRIL 18, VICE ADM. CHARLES W. RAY To be colonel 2016 IN THE AIR FORCE BRADLEY D. OSTERMAN Mr. SULLIVAN. Madam President, I THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE GRADE INDICATED IN THE RESERVE OF THE AIR ask unanimous consent that when the TO THE GRADE INDICATED IN THE UNITED STATES ARMY FORCE UNDER TITLE 10, U.S.C., SECTION 12203: Senate completes its business today, it UNDER TITLE 10, U.S.C., SECTION 624: To be colonel adjourn until 3 p.m., Monday, April 18; To be lieutenant colonel JONATHAN M. LETSINGER that following the prayer and pledge, FRANCISCO J. LOPEZ THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT the morning hour be deemed expired, TO THE GRADE INDICATED IN THE UNITED STATES AIR TO THE GRADE INDICATED IN THE UNITED STATES ARMY FORCE UNDER TITLE 10, U.S.C., SECTION 624: the Journal of proceedings be approved NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND to date, and the time for the two lead- To be major 3064: ers be reserved for their use later in LLOYD TRAVIS A. ARNOLD To be major SALLY A. BAKER the day; finally, that following leader MONICA J. MILTON MICHAEL W. BEST remarks, the Senate resume consider- JARED T. BRADLEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CAMERON C. CARTIER TO THE GRADE INDICATED IN THE RESERVE OF THE ation of H.R. 636. ARMY UNDER TITLE 10, U.S.C., SECTION 12203: The PRESIDING OFFICER. Without CHARLES H. CHESNUT III CURTIS C. COPELAND To be colonel objection, it is so ordered. JEFFREY D. DELLAVOLPE DANIEL R. FARBER TIMOTHY D. AIKEN f BENJAMIN T. FEENEY MATTHEW R. SARACCO GEOFFREY C. GARST BRENT D. TROUT ADJOURNMENT UNTIL MONDAY, WILLIAM G. GENSHEIMER JAMES R. WEAKLEY JESSICA C. HAYES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT APRIL 18, 2016, AT 3 P.M. PETER C. HSU TO THE GRADE INDICATED IN THE RESERVE OF THE JUSTIN J. KOENIG Mr. SULLIVAN. Madam President, if ARMY UNDER TITLE 10, U.S.C., SECTION 12203: DANN J. LAUDERMILCH there is no further business to come be- KAREN J. LEE To be colonel fore the Senate, I ask unanimous con- THOMAS J. MEREDITH DANIEL MILMO GEORGE A. ROLLINS sent that it stand adjourned under the REINALDO MORALES THE FOLLOWING NAMED OFFICER FOR APPOINTMENT previous order. KERRA MURRAY TO THE GRADE INDICATED IN THE RESERVE OF THE RACHAEL L. NEMCIC ARMY UNDER TITLE 10, U.S.C., SECTION 12203: There being no objection, the Senate, SOHIL M. PATEL at 6:11 p.m., adjourned until Monday, CRAIG S. POSTER To be colonel LAURA K. RANDOLPH MCARTHUR WALKER April 18, 2016, at 3 p.m. JOSE R. REYES III ISAMI SAKAI THE FOLLOWING NAMED ARMY NATIONAL GUARD OF f SANDIPANI M. SANDILYA THE UNITED STATES OFFICERS FOR APPOINTMENT TO JOHN A. SHANER THE GRADE INDICATED IN THE RESERVE OF THE ARMY NOMINATIONS CHRISTI L. SHERMAN UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: Executive nominations received by MATTHEW T. SMITH To be colonel STEPHANIE M. STREIT the Senate: EMILY L. STURGILL TIMOTHY D. COVINGTON

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JOHNSON C. GOURD, JR. THEODORE J. BEATTY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GREGORY P. JOUBERT KYLE D. BRADY TO THE GRADE INDICATED IN THE UNITED STATES NAVY ERIC A. KENNEDY JEFFREY A. BUTCHER RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: JOHN D. CARLSON IN THE NAVY JOSEPH A. CARNELL To be captain ARTHUR M. CASTIGLIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ERIC R. JOHNSON ELLIOTT I. I. CLEMENCE IN THE GRADE INDICATED IN THE REGULAR NAVY GLEN J. OLOUGHLIN RUSSELL J. COOLMAN UNDER TITLE 10, U.S.C., SECTION 531: JULIET A. PERKINS SUZANNE L. DALTON To be lieutenant commander CRAIG S. DERANANIAN ANDREW R. WOOD DAVID B. DIAMOND THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DONALD E. SPEIGHTS STEPHAN R. DUPOURQUE TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK J. EARLY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: TO THE GRADE INDICATED IN THE UNITED STATES NAVY DAVID J. FAEHNLE RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: KEITH D. FERNANDEZ To be captain TODD C. FINK JAREMA M. DIDOSZAK To be captain MICHAEL G. FRIEBE SHEILA JENKINS THOMAS G. FRIEDER TIMOTHY M. DUNN BRANDON J. LARSON WILLIAM S. GARRETT III DAVID M. FILLIS WILLIAM L. ROTH JOHN A. GREENE MARK L. HENSON RICHARD D. SUSSMAN KAREN M. GRIFFITH JOSEPH D. KASNY RICHARD M. SZCEPANSKI ROBERT L. GUERIN TIMOTHY P. MCALLISTER MARK L. HARRISON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RYAN M. MCCORMICK DARRYL L. HOWELL TO THE GRADE INDICATED IN THE UNITED STATES NAVY KENNETH D. NASH BRADLEY C. JEFFERIES RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: PEGGYTARA M. STOLYAROVA JEFFREY A. JURGEMEYER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES M. KATIN To be captain TO THE GRADE INDICATED IN THE UNITED STATES NAVY CRAIG S. KUJAWA CONRADO G. DUNGCA, JR. RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: ALLEN C. KUNKLE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be captain CHRISTOPHER D. MACMILLAN RICHARD A. MALONEY TO THE GRADE INDICATED IN THE UNITED STATES NAVY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: SUZANNE M. LESKO JAMES W. MASON CHARLES E. SUMMERS II ALBERT A. MATT To be captain MICHAEL S. MATTIS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ERIC D. MCCARTY ALEXANDER L. PEABODY TO THE GRADE INDICATED IN THE UNITED STATES NAVY RICHARD K. MCHUGH RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PATRICIA L. MELSEN TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be captain ANTHONY H. MILLER RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: BRIAN R. MILLER ANDREW F. ULAK JAMES R. MILLER To be captain THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ANTHONY P. NELIPOVICH TO THE GRADE INDICATED IN THE UNITED STATES NAVY SARAH A. NOLIN JASON G. GOFF RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: CHRISTIAN A. ORTEGO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROGER J. OUIMET TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be captain PETER G. PATTERSON UNDER TITLE 10, U.S.C., SECTION 624: DINIS L. PIMENTEL KENNETH N. GRAVES JONATHAN C. PUSKAS To be commander MARK M. MEADE EYRAN E. RICHARDS BILLY B. OSBORNE, JR. LUIS A. BENCOMO TODD H. ROMNEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CRAIG RUBIN THE JUDICIARY TO THE GRADE INDICATED IN THE UNITED STATES NAVY JOHN D. SACCOMANDO RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: ANDREW J. SCHREINER BETH M. ANDRUS, OF WASHINGTON, TO BE UNITED To be captain KYLE D. SCHUMAN STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT MICHAEL E. SHARP OF WASHINGTON, VICE ROBERT S. LASNIK, RETIRED. STEVE R. PARADELA ANTHONY C. SMITH, SR. J. MICHAEL DIAZ, OF WASHINGTON, TO BE UNITED JOSHUA J. RUSSELL BRYON T. SMITH STATES DISTRICT JUDGE FOR THE WESTERN DISTRICT REESE K. ZOMAR EDWIN A. SMITH OF WASHINGTON, VICE JAMES L. ROBART, RETIRING. WILLIAM D. STROMBERG KATHLEEN M. O’SULLIVAN, OF WASHINGTON, TO BE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN F. SWEETER, JR. UNITED STATES DISTRICT JUDGE FOR THE WESTERN TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRETT E. TITTLE DISTRICT OF WASHINGTON, VICE MARSHA J. PECHMAN, RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: OSCAR J. TOLEDO RETIRED. To be captain ROBERT TREMAYNE MICHAEL R. VANPOOTS FOREIGN SERVICE CHARLES M. BROWN KENNETH E. WAGENHAUSER JOHN E. BYINGTON THE FOLLOWING MEMBERS OF THE FOREIGN SERVICE DEAN E. WENCE OF THE UNITED STATES DEPARTMENT OF AGRICULTURE KEVIN G. CRUMLISH SAMUEL S. WEST JOSEPH L. CUBBA FOR APPOINTMENT AS A FOREIGN SERVICE OFFICER OF CARL V. WIGHOLM CLASS THREE, CONSULAR OFFICER AND SECRETARY IN JOHN E. DAVIS JAMES T. WORTHINGTON III ERIC L. DENIS THE DIPLOMATIC SERVICE OF THE UNITED STATES OF THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT THOMAS E. FOUTS AMERICA: TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHRISTOPHER D. ISAKSON MARIANO J. BEILLARD, OF FLORIDA RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: KEVIN A. JANKOWSKI ANTHONY J. GILBERT, OF ALASKA CRAIG M. LAWLESS To be captain ALICIA ISOM HERNANDEZ, OF CALIFORNIA ANNE H. LOCKHART JESS K. PAULSON, OF OREGON HEATH L. MARCUS CHRISTOPHER J. R. DEMCHAK CHRISTOPHER D. RIKER, OF MARYLAND KATHERINE S. MUELLER BILLY D. FRANKLIN II WILLIAM G. VERZANI, OF NEBRASKA LUKE A. FROST KATHLEEN A. POWELL THE FOLLOWING MEMBERS OF THE FOREIGN SERVICE MATTHEW T. HART DEREK S. REVERON OF THE UNITED STATES DEPARTMENT OF COMMERCE DANIEL S. LAYTON JAMES E. TOCZKO FOR APPOINTMENT AS A FOREIGN SERVICE OFFICER OF DOUGLAS J. MUNZ EDWARD D. WHISTON CLASS THREE, CONSULAR OFFICER AND SECRETARY IN WAYNE D. OETINGER KARL W. WICK THE DIPLOMATIC SERVICE OF THE UNITED STATES OF WILLIAM PILCHER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AMERICA: SEAN M. RICH TO THE GRADE INDICATED IN THE UNITED STATES NAVY ANTHONY F. SCARPINO, JR. NATHAN SEIFERT, OF UTAH RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: CHAN H. SHIN YURI ARTHUR, OF CALIFORNIA To be captain JASON E. SMALL THOMAS HANSON, OF CALIFORNIA KATE M. STANDIFER JEFFREY JUSTICE, OF NORTH CAROLINA ROBERT K. BAER STEVEN R. THOMPSON THE FOLLOWING MEMBERS OF THE FOREIGN SERVICE JOHN L. MORRIS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT FOR APPOINTMENT AS A FOREIGN SERVICE OFFICER OF THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN TO THE GRADE INDICATED IN THE UNITED STATES NAVY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: THE DIPLOMATIC SERVICE OF THE UNITED STATES OF RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: To be captain AMERICA: To be captain RACHEL KREISSL, OF FLORIDA JANETTE B. JOSE OLGA FORD, OF VIRGINIA BRIAN S. ANDERTON GARY S. LEFEBVRE DEVIN RAMBO, OF NORTH CAROLINA DAVID N. BARNES MICHAEL J. SCHWERIN JOSHUA BURKE, OF ILLINOIS

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