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, SEPTEMBER 8, 2016 No. 135 Senate The Senate met at 9:30 a.m. and was RECOGNITION OF THE MAJORITY 15 years later, it is clear that the ter- called to order by the President pro LEADER rorists did not succeed. We remain tempore (Mr. HATCH). The PRESIDING OFFICER (Mr. united against terror. HELLER). The majority leader is recog- So this Sunday is a day to remember f nized. and honor the victims of September 11 and pray for their families. It is also a PRAYER f day to express gratitude to the many The Chaplain, Dr. Barry C. Black, of- MEASURES PLACED ON THE Americans who have fought to keep us fered the following prayer: CALENDAR—S. 3296 AND S. 3297 safe ever since—the men and women Let us pray. who fight for the very thing that Mr. MCCONNELL. Mr. President, I Eternal Spirit, by whose providence makes this the greatest Nation on understand there are two bills at the our forebears brought forth this Na- Earth—freedom. desk due for a second reading. tion, use our lawmakers to make a bet- The PRESIDING OFFICER. The f ter world. Empower them to remove clerk will read the bills by title for the CONGRATULATING BRIAN DUFFY those things that obstruct the coming second time. of Your Kingdom on Earth. As they Mr. MCCONNELL. Mr. President, I The legislative clerk read as follows: strive for human betterment, may they want to take a few moments to con- experience the constancy of Your pres- A bill (S. 3296) to amend the Internal Rev- gratulate a fellow Kentuckian and a enue Code of 1986 to provide an exemption to ence. good friend of mine who has recently the individual mandate to maintain health taken up the leadership reins of Amer- Lord, give them the wisdom to give coverage for individuals residing in counties primacy to prayer, seeking Your guid- with fewer than 2 health insurance issuers ica’s oldest and largest war veterans ance in all they think, say, and do. offering plans on an Exchange. organization. Teach them the lessons they ought to A bill (S. 3297) to amend the Internal Rev- This summer, Brian Duffy, of Louis- learn, enabling them to grow in grace enue Code of 1986 to provide an exemption to ville, was elected commander in chief and in a knowledge of You. the individual mandate to maintain health of the Veterans of Foreign Wars. Brian And, Lord, with the approach of Sep- coverage for certain individuals whose pre- is the first Operation Desert Storm mium has increased by more than 10 percent, veteran to lead the VFW. His election tember 11, we pause to thank You for and for other purposes. Your sustaining and prevailing provi- is good news, not only for his fellow dence. Remind us to not put our trust Mr. MCCONNELL. In order to place Desert Storm veterans but for veterans in human might, but in Your grace, the bills on the calendar under the pro- of every generation. That is because mercy, and power. visions of rule XIV, I object to further Brian lives to serve his fellow veterans, We pray in Your strong Name. Amen. proceedings en bloc. and he has been doing so for decades as The PRESIDING OFFICER. Objec- a proud member of the VFW for 33 f tion having been heard, the bills will be years. placed on the calendar. Let me give one example of what PLEDGE OF ALLEGIANCE f Brian has done for the veterans of Ken- The President pro tempore led the tucky. He is the founder of the Blue- REMEMBERING SEPTEMBER 11 Pledge of Allegiance, as follows: grass chapter of an organization called I pledge allegiance to the Flag of the Mr. MCCONNELL. Mr. President, 15 Honor Flight, a group that flies World United States of America, and to the Repub- years ago this Sunday, Al Qaeda ter- War II and Korean war veterans to lic for which it stands, one nation under God, rorists launched brutal and vicious at- Washington to visit the memorials indivisible, with liberty and justice for all. tacks against our country. Yet this that were built in dedication of their weekend America will remember not military service. f only the horror of those attacks but The program provides transportation also the heroism of our response. and food for the veterans of this by- MOMENT OF SILENCE We saw firefighters, police officers, gone era, those whose numbers, unfor- The PRESIDENT pro tempore. Under and first responders rush in to confront tunately, continue to shrink year after the previous order, the Senate will now danger. We saw the men and women of year. Without Honor Flight, many of observe a moment of silence in remem- our Armed Forces stand ready and sac- these veterans would never be able to brance of the lives lost in the attacks rifice greatly in defense of our country. see the World War II Memorial or the of September 11, 2001. We saw Americans across the land Korean War Veterans Memorial. It is (Moment of silence.) work together in a spirit of unity. So important that they know, more than

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

S5421

.

VerDate Sep 11 2014 23:53 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.000 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5422 CONGRESSIONAL RECORD — SENATE September 8, 2016 six decades later, that America still health care system before ObamaCare. ketplace would ‘‘provide more choice deeply respects and honors their serv- Here is his view on the health care sys- and control over health insurance op- ice and sacrifice. tem 6 years later: ‘‘Too many Ameri- tions’’ and result in ‘‘a significant in- My father served in World War II. I cans still strain to pay for their physi- crease in competition and an array of have had the pleasure of meeting many cian visits and prescriptions, cover options for consumers everywhere.’’ of his contemporaries when they came their deductibles, or pay their monthly That was the promise of ObamaCare. to Washington to make this important insurance bills; struggle to navigate a But that is not the reality for many trip. Hundreds of Kentucky veterans complex, sometimes bewildering sys- Americans today. ObamaCare has have completed this journey, thanks to tem; and remain uninsured.’’ forced out so many insurers that about Brian and subsequent leaders of Blue- That is the President on the state of one in five ObamaCare customers will grass Honor Flight. America’s health care law 6 years after be forced to find a new insurance com- That is just one way Brian has ObamaCare. The President wrote this pany this fall. More than half of the worked to see that America stands up just last month. It sounds an awful lot country could have two or fewer insur- for its veterans, just as they have so like what we heard from him years ago, ers to choose from in the exchanges bravely stood up for their country. It is in the pre-ObamaCare world. It throws next year, and about one-third of all one reason why I know he will make an the reality of this partisan law into counties in the United States, along excellent commander in chief for the stark relief. It is not only that with seven entire States, are set to VFW. ObamaCare is failing to live up to the have just a single insurer offering plans Brian served in the U.S. Air Force as many promises invoked to sell it, but in their areas. That includes one coun- a jet engine mechanic on F–4 Phantom it is often making things worse. ty in Arizona that, until just last fighter aircraft before becoming a Just pick up any paper or turn on the night, would have had no options in the flight engineer aboard a C–141 news, and you will see that more trou- exchange at all. I know this is some- Starlifter transport aircraft. He has de- bling projections are rolling in when it thing that Senator MCCAIN has been ployed to Grenada and Panama as well comes to ObamaCare. In fact, each day deeply concerned about, and he has in- as on Operations Desert Shield and seems to bring more forecasts of sky- troduced good legislation to address it. Desert Storm. rocketing premiums and dwindling ObamaCare co-ops continue to col- Brian and his wife Jean, who has also choices. It is a trend hitting Americans lapse at every turn, too, with less than served in leadership posts for the VFW, across the country. one-third expected to offer plans next live in Louisville and have two chil- For instance, here is the headline year. When these co-ops collapse, they dren, Tara and Andrew. I am sure his people in my home State recently can cost taxpayers millions and disrupt family is proud of Brian, along with awoke to: ‘‘Get ready to pay more for coverage for thousands of enrollees. many Kentucky veterans, particularly health insurance in Kentucky.’’ The They can force patients to start over his fellow VFW members at Post 1170. story goes on to warn of ObamaCare on their deductibles midyear and even Let me also congratulate my good premium rates that could skyrocket by to find new doctors. These are the lat- friend Carl Kaelin, whom I have also as high as 47 percent. Nearly 160,000 est reverberating echoes of the Presi- worked with for decades on behalf of people are expected to be impacted. dent’s most famous broken promise: ‘‘If Bluegrass State veterans, for his ap- Here is a letter from a man from you like your health care plan, you can pointment to serve as chief of staff to Louisville who recently contacted my keep it.’’ That was the President’s the commander in chief. Carl and Brian office. ‘‘How,’’ he asks, ‘‘are working promise. will make quite a team. Kentucky and class Americans, like myself, able to Here is a Kentuckian from the Nation are grateful for their lead- budget for such drastic changes?’’ ‘‘The Campbellsburg, who wrote to me after ership and for their service. so-called Affordable Care Act,’’ he said, losing his insurance: Brian has previously served the VFW ‘‘is unaffordable.’’ I lost my health insurance that I had for as its junior vice commander in chief. He and other Kentuckians are hardly many years because of ObamaCare. Instead He also served as the senior vice com- alone in feeling this way. Take Illinois, of something affordable, I face the possi- mander in chief. I know Brian is a huge where premiums could soar by as much bility of struggling to purchase an Obama hockey fan. So he will know what I as 55 percent; or Tennessee and Mon- health plan that costs two to three times mean when I say that his election as tana, where some rates could sky- what I had been paying. commander in chief makes quite a hat rocket by more than 60 percent; or To top it off, he said, the ‘‘process of trick—to the benefit of Kentucky vet- Minnesota, where premiums could rise trying to find coverage has been a erans and veterans across America. by an average of more than 50 percent. nightmare.’’ In Brian’s own words, the VFW is ‘‘an Minnesota’s Democratic Governor said Here is something to keep in mind organization of doers’’ and ‘‘an organi- he was ‘‘alarmed’’ by these ‘‘drastic in- when Democrats try to spin the Amer- zation comprised of patriots.’’ Both of creases’’ and called them ‘‘reason for ican people on ObamaCare. For all of these descriptions aptly fit the VFW’s very serious concerns.’’ this chaos and pain for middle-class Even my friend, the Democratic lead- new chief. Under Brian’s leadership, I families, ObamaCare still has not er, referred to ObamaCare’s premium am sure the VFW will continue to pay achieved its stated purpose of universal increases yesterday as ‘‘huge.’’ He is it forward to every veteran who has coverage—not even close. Tens of mil- right. He was right to mention raised his or her right hand and taken lions still remain uninsured—tens of ObamaCare’s ‘‘tax increases’’ too. This an oath to defend a nation dedicated to millions. And those who do have insur- partisan law raised taxes that hit the the preservation of life and liberty. ance are now discovering that simply middle class after Democrats promised having health insurance isn’t the same f that it wouldn’t. thing as having health coverage. They OBAMACARE So these huge premium increases have insurance, but it isn’t the same aren’t the only reason ObamaCare is Mr. MCCONNELL. Mr. President, thing as having health coverage. President Obama said something inter- raising costs for the middle class. Pre- Take one New Jersey man who has esting just days before signing his miums aren’t the only reason that suffered for years from chronic mi- Americans recently cited health costs namesake health takeover into law. In graines and needs medication to help as their No. 1 financial concern. It isn’t explaining the need for ObamaCare, alleviate the pain. The moment hard to see why Americans might be here is what he said: ObamaCare placed him on Medicaid, he hurting. Taxes are up, copays are up, [W]hat’s happening to your premiums? lost his access to each of his doctors, What’s happening to your co-payments? and deductibles are outpacing wages. which meant waiting 4 months to see a What’s happening to your deductible? Now, with more and more insurance new doctor and get a prescription for They’re all going up. That’s money straight companies pulling out of the the medication he needs. He said: out of your pocket. ObamaCare State exchanges, Ameri- You have a card saying you have health in- So, the bottom line is this: The status quo cans are being left with another big surance, but if no doctors take it, it’s almost on health care is simply unsustainable. problem—fewer coverage options. like having one of those fake IDs. Your medi- ‘‘Simply unsustainable’’ was the The Obama administration used to cation is all paid for, but if you can’t get the President’s view on the state of our promise us that the ObamaCare mar- pills, it’s worthless.

VerDate Sep 11 2014 23:53 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.002 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5423 According to a Gallup poll released dle class. They can continue to laugh they failed. The tragedy of that day re- just this morning, many more Ameri- at Americans who lose their plans. minded every American of our collec- cans report that ObamaCare has hurt They can continue to crow about ex- tive strength and resilience, led by rather than helped their families—and ploiting ‘‘the stupidity of the American George Bush who did such a remark- many more Americans say that voter’’ to push this partisan law on the able job of rallying the Nation. ObamaCare will make their family’s middle class. Or they can work with us We exhibited the best of ourselves in health situation worse rather than bet- to move beyond the failed experiment front of the world, and we resolved to ter over the long run. of ObamaCare. They can prove that degrade and destroy the terrorists re- Is it any wonder? Americans were they are finally willing to put people sponsible. After many failed attempts told that ObamaCare would allow them before ideology. and in spite of some people saying to keep the health plans they liked. This much is clear: ObamaCare is a ‘‘Let’s wait,’’ President Obama said They couldn’t. Americans were told direct attack on the middle class. It ‘‘Let’s do this.’’ And they killed Bin that ObamaCare would drive down hurts the very people it was designed Laden. That was the right thing to do. health care premiums by $2,500 per to help. It raises costs, crushes choice, It was a courageous move on behalf of family. It hasn’t. Americans were told and is now crashing down around us. It President Obama but the right thing to that ObamaCare would not raise taxes simply isn’t working. do. He was ultimately brought to jus- on the middle class. It did. Americans To quote what President Obama said tice. were told that ObamaCare would in- 6 years ago, ‘‘The bottom line is this: Today, 15 years later—I will always crease choice and competition. The The status quo of health care is simply remember that experience a few feet very opposite is proving true. unsustainable.’’ from here, but we will all remember, in And remember the promise that ‘‘if f our own way, September 11, and in our you like your doctor, you can keep RECOGNITION OF THE MINORITY own way honor the victims and the he- your doctor’’? It has been broken too. LEADER roes of that day and never forget. We In fact, the Obama administration re- are always stronger together when we The PRESIDING OFFICER. The cently erased references to ‘‘keeping are united. Democratic leader is recognized. your doctor’’ from its Web site. These f entirely predictable consequences are f OBAMACARE not just flukes or quirks of ObamaCare. REMEMBERING SEPTEMBER 11 They are not just small wrinkles in the Mr. REID. Mr. President, it seems it Mr. REID. Mr. President, I have trou- system that will work themselves out was just a few minutes ago, but it ble comprehending my friend the Re- with time. They represent fundamental wasn’t; it was 15 years ago that, just a publican leader—how he can, with a flaws built into the law’s original de- few feet from where I stand now, I went straight face, talk about how terrible sign. to a meeting. It was approaching 9 America is today. Things are upside Republicans warned about o’clock, and no one was in the room, S– down; it is terrible. ObamaCare’s consequences repeatedly 211. Senator Breaux from Louisiana Remember, Obama was elected Presi- from the very start. Democrats mocked walked in, and he said: Flip on the TV. dent almost 8 years ago. That month, us for doing so and rammed through And we did. We could see the tower had under the prior administration, for lots their partisan law anyway. Every sin- been hit in New York. We thought a of reasons we have all talked about, gle Democrat in the Senate was needed plane had hit it by mistake. So we shut our country lost 800,000 jobs in one to pass it, and they got every one of off the TV and Senator Daschle came month. That wasn’t the only month. them. in and started the meeting. In just a Our unemployment rate shot up in I invite Democrats to now consider few minutes, some people came in and places like the Presiding Officer’s and following the lead of one of the Presi- ushered Senator Daschle out of the my State to more than 14 percent. Un- dent’s own former health care advisers meeting. He came back in quickly and employment in America was raging. who recently penned an op-ed titled said: The building has to be evacuated; Major companies failed. I saw the Sec- ‘‘How I was wrong about ObamaCare.’’ there is a plane headed toward the Cap- retary of Treasury on his knees in the The problems Democrats caused for the itol. As we walked out of the room and White House begging the Speaker of middle class aren’t going away until looked out the window, we could all see the House, NANCY PELOSI, for help. ObamaCare does. So if Democrats are the smoke billowing from the place we We joined together with President serious about helping the middle class, learned was the Pentagon. I will al- Bush. There was nothing partisan they will work with us to build a ways remember that. Of course I will. about what we did. Even though there bridge beyond ObamaCare to better And, of course, we have learned since of were some small steps, we did our best care. Anything else is just more hollow the many heroes of that day—people to help the country. Since then, under rhetoric. running not away from danger but to- the last 8 years of President Obama’s Today, 6 years on, ObamaCare is fail- ward danger. leadership, the country has been sig- ing the middle class, but the President On that day, I was first taken home. nificantly turned in the right direc- still hasn’t offered a serious solution to I had to rush back to the Capitol, tion. fix it. He is now trying to convince through police barricades. Four Mem- For my friend the Republican leader Americans that the solution to his bers of the leadership were to parrot what Donald Trump is say- bloated, unwieldy, and expensive law is helicoptered out of the Capitol to a se- ing: ‘‘Make America great again’’— to make it more bloated, more un- cure location outside of DC. As the sun America is great right now. Unemploy- wieldy, and more expensive. In other was going down, we came back to the ment is less than 5 percent. Millions of words, it is more of the same—more of Capitol steps. BARBARA MIKULSKI, the jobs have been created in this adminis- the same, just worse. His preferred Senator from Maryland, who is known tration—millions and millions of jobs— Presidential candidate says the same for giving dynamic speeches, didn’t about 16 million. thing. So do congressional Democrats. give a speech that day. In front of this We have no ground troops, except in How can anyone conclude, after read- bipartisan group of Senators, she very Afghanistan. They have been brought ing all these stories about how simply said: I think what we should home, and rightfully so. To hear my ObamaCare is hurting the middle class, sing is ‘‘God Bless America.’’ We all did friend the Republican leader talk about that what we need now is more that. It was a beautiful rendition of all the awfulness of ObamaCare—you don’t ObamaCare in the form of a govern- the varied voices of Senators, Repub- have to have a long memory to know ment-run plan? That is their solution licans and Democrats, singing that what it was like before ObamaCare. In- now—more ObamaCare in the form of a song. We didn’t know what that surance companies were canceling poli- government-run plan. meant—what tomorrow would bring— cies, denying insurance, not writing in- Look, Democrats can continue to but that gave us some inspiration to surance because you are a woman, be- spin us on how great this law is. They think about how great our country is. cause you had a prior disability. I don’t can continue to tell Americans to ‘‘get The perpetrators sought to attack know if my friend is briefed by his of- over’’ this law and its pain for the mid- our democracy, our way of life, but fice, reads the newspapers, or watches

VerDate Sep 11 2014 23:53 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.004 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5424 CONGRESSIONAL RECORD — SENATE September 8, 2016 the news. Three days ago the word have done some things here as a body WATER RESOURCES came out that the uninsured are at all- about suicide. DEVELOPMENT ACT OF 2016 time lows in our country. Ninety-two We really don’t understand it very The PRESIDING OFFICER. Under percent of Americans have health in- well. For example, most suicides occur the previous order, the Senate will re- surance. Is that bad? Is the insurance in the western part of the United sume consideration of S. 2848, which perfect? Of course it is not. We have 19 States. I would have thought just the the clerk will report. States led by Republican Governors opposite. The West has bright, The senior assistant legislative clerk who refuse to accept Medicaid. The Re- sunshiny skies, and the weather is a lot read as follows: publican Governor from Nevada made better than places like New York, but A bill (S. 2848) to provide for the conserva- the right choice, and it has been good for some reason, west of the Mis- tion and development of water and related for the State of Nevada. sissippi, we have a problem with sui- resources, to authorize the Secretary of the It is interesting that after more than cide that doesn’t occur in other places. Army to construct various projects for im- 6 years, we still have never seen a plan It is a national problem, and we have provements to rivers and harbors of the by the Republicans and what they want to do something about it. We have United States, and for other purposes. to do other than vote against 33,000 people die every year, and those Pending: ObamaCare. ObamaCare has expanded are the ones we know about. There are McConnell (for Inhofe) amendment No. coverage to millions of Americans. It hunting accidents, car accidents, and 4979, in the nature of a substitute. has improved the quality of health in- hiking accidents that are really sui- Inhofe amendment No. 4980 (to Amendment surance. A lot of people who don’t like cides but they are not acknowledged as No. 4979), to make a technical correction. the plan don’t like it because they such. The PRESIDING OFFICER. The Sen- don’t think it is strong enough and From 1999 through 2014, the suicide ator Alaska. they want to do more. The market- rate in the United States increased by Mr. SULLIVAN. Mr. President, I wish place will continue to connect Ameri- 24 percent, both men and women of all to speak on the bill we are debating, cans to quality, affordable health in- ages. Women are now becoming more the Water Resources Development Act. surance. equal to men in killing themselves. I will begin by commending the chair- I thought Republicans believed in the If we are going to actively address man of the EPW Committee, Senator free enterprise system, and that is the increasing rate of suicides, we can’t INHOFE, and the ranking member, Sen- what we have with ObamaCare. The ignore the role firearms play. Guns are ator BOXER, for their leadership on this health insurance marketplace is so the most common device men turn to legislation. much better than pre-Affordable Care when they commit suicide. That is ac- Sometimes it is important to just Act. They should stop trying to repeal cording to the CDC and not some left- look at what these bills are doing. The ObamaCare and work with us to im- wing group the Republicans like to ha- Water Resources Development Act— prove what we have. It is not going to rangue about. Almost 23,000 suicides WRDA, we call it here—the title says: go away. were carried out with firearms in 2013— To provide for the conservation and devel- The Affordable Care Act has shown that is the last information that we opment of water and related resources, to that it has had a positive impact on have—which is 10 percent higher than 3 authorize the Secretary of the Army to con- the stated goal of lowering the number years earlier. struct various projects for improvements to of people without coverage. Millions of rivers and harbors of the United States, and We don’t really know what is hap- for other purposes. people have health insurance who pening in the military. Twenty-two didn’t before. He and other Republicans people in the military will kill them- One of the things I have come to the continue to come down to the floor and selves today. It is mostly done after floor of the Senate to speak on a num- complain, although not as often as they have been honorably discharged ber of times is one of the most impor- they used to because they have been from the military. tant things I think we should be doing embarrassed too many times. The Re- We need to invest in evidence-based in the Senate, and that is focusing on publican leader seems to think that prevention. Young people are killing our economy. With all due respect to things were better before Americans themselves. One of my wonderful staff the minority leader with regard to the had coverage, including the 500,000 peo- members, my chief of staff—she is such economy in the United States, things ple in Kentucky who now have insur- a dear friend—comes from a large fam- are not going well. Just over the past ance because of ObamaCare. I guess he ily of 10 children. One of her brothers is two quarters, we again had numbers seems to be saying that he liked it bet- a medical doctor with twins. One of that were dismal by any historical ter when insurance companies could them hanged himself—an 11-year-old measure in the United States. Last deny coverage for any reason that they boy, dead. quarter, I think we had 1.5 percent thought was appropriate; it didn’t have We have to have more science-based GDP growth, and the quarter before to be a good reason. information, and we don’t have it. Mr. that, we had 0.8 percent GDP growth. f President, 33,000 people are dying each As a matter of fact, President Obama will be the first President in U.S. his- SUICIDE PREVENTION year as a result of self-inflicted inju- ries. tory who never hit 8 percent GDP Mr. REID. Mr. President, September I note with a degree of seriousness growth in 1 year—never. No President 10 is World Suicide Prevention Day. I that September 10 is World Suicide has had such a dismal regard in terms had occasion to visit with our former Prevention Day. I hope we can all ac- of growing the economy. colleague, Gordon Smith, a tremen- knowledge this is something on which What should we be doing? First of all, dously good Senator from the State of we need to work together. It is not a we need to focus on the economy. One Oregon, while I was in Las Vegas a cou- partisan issue; just ask Gordon Smith. of the critical things we should be ple of weeks ago. Even now we often It is not a partisan issue; just ask me. doing in the Congress—one of the speak—as we did in Las Vegas that As I have indicated, many people who things we need to unleash to the pri- evening—about our experience with work in these wonderful buildings in vate sector is better infrastructure for those who have committed suicide. the Capitol have been affected by sui- this country. Again, I commend the Gordon lost a son, I lost a father, and cide. chairman of the EPW Committee and there are a small number of people here Will the Chair announce the business the ranking member because they have in this room today—if we could do an of the day. been leaders on this issue. Last year, oral poll, we would find that many peo- we passed the first long-term highway ple in this room have been affected by bill in many years with the FAST Act. f suicide. That is infrastructure for the country. Think about it. Each year, about Right now, hopefully, the Senate will 33,000 people commit suicide. That is a RESERVATION OF LEADER TIME pass the WRDA bill. lot of people. It took me a while to ac- The PRESIDING OFFICER (Mr. These aren’t perfect pieces of legisla- cept not feeling sorry for myself and to ROUNDS). Under the previous order, the tion. No piece of legislation ever is. For try to do something about it, and we leadership time is reserved. example, I think both of them could

VerDate Sep 11 2014 23:53 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.005 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5425 have had provisions that streamlined tion in certain communities through- This worthy bill has earned the en- the permitting process to build bridges, out our great Nation. No American dorsements from a long list of critical roads, and ports. Right now in this community should have to rely on stakeholders, and I appreciate the bi- country, it often takes years to cut honey buckets. No American commu- partisan support that has made through the redtape to get permission nity should have Third World disease crafting and considering this bill such from the Federal Government to build rates because they don’t have water a collaborative process. infrastructure. We need to do a better and sewer. While floor time for this measure is job on that. But the FAST Act and now So this WRDA bill is a serious start certainly long overdue, what really the WRDA bill are important bills. to address this issue. It is a significant matters now is that we have an agree- They are important bills to help us challenge. It is not going to be ad- ment to move forward. This is a fan- grow our economy, and that is why I dressed overnight, but I think every- tastic opportunity to help millions of am supporting the WRDA bill we are body in this Senate can agree we people all across our great country. debating here on the floor. shouldn’t have communities of hun- We now have a pathway to success if There are many provisions in this dreds of people in our great Nation who we can move the final vote of this leg- bill that are going to benefit different don’t have basic services that the vast islation next week. I urge my fellow parts of the country. It will certainly majority of Americans take for granted Senators to show the American people benefit the State of Alaska. We are a and assume that every community in we can continue to work together to young State. We are infrastructure our great country has, but we don’t. address urgent needs across our coun- poor, for sure, in terms of roads, ports, This is a good start to do what one try, invest in critical infrastructure, and harbors. Governor of Alaska put out as a vision and deliver much needed—and fully One provision I wish to highlight is and a goal, which is to put the honey paid for—support for Flint families. section 7106, the Small and Disadvan- bucket in a museum, and that is what Mr. President, I suggest the absence taged Communities Grant Program. we are going to try to do beginning of a quorum. This is a new program that I had the with this program. The PRESIDING OFFICER. The opportunity to work on with my team, I encourage my colleagues to support clerk will call the roll. Senator INHOFE’s team, Senator the WRDA bill that is being debated on The senior assistant legislative clerk BOXER’s team, and Senator WICKER. We the floor. I again wish to thank Chair- proceeded to call the roll. are all focused on this issue. It man INHOFE and Senator BOXER for Mr. COONS. Mr. President, I ask stemmed from an important topic we their leadership on this important unanimous consent that the order for were discussing. piece of legislation. the quorum call be rescinded. I know my colleague and friend, Sen- I yield the floor. The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- ator PETERS from Michigan, is going to objection, it is so ordered. ator from Michigan. talk about Flint, MI, and what hap- NOMINATION OF MERRICK GARLAND Mr. PETERS. Mr. President, I rise to pened there and the topic of our aging Mr. COONS. Mr. President, I rise be- speak about the Water Resources De- infrastructure. I certainly respect his cause of three numbers—three simple velopment Act, known as WRDA as advocacy for his constituents on this but important numbers—100, 176, and 9. well, which we are now considering and What do all of those have to do with topic. we expect to vote on next week. the matter that I think should be be- We have been talking about our This bill will significantly reduce the fore us today? Well, it has been 176 aging infrastructure, but one topic we threat of lead exposure and other didn’t talk a lot about in the Senate— drinking water contamination for our days since President Obama did his job and I certainly tried to raise it a lot— communities across the United States, under the Constitution and nominated is not just aging infrastructure, but and it will invest in our aging water in- Chief Judge Merrick Garland of the DC how about the topic of no infrastruc- frastructure. I am particularly pleased Circuit Court, a consensus candidate, ture for communities in the United that language addressing the Flint to our Nation’s highest Court following States? I know a lot of Americans water crisis—language I worked on the untimely passing of Justice Scalia. We have, of course, 100 Senators whose don’t know this, but there are a lot of with my colleagues Senator STABENOW, communities in our great Nation that Senator INHOFE, Senator BOXER, and challenge it is to find ways to work to- have no clean water, no sewer, and no many others—is included in the WRDA gether across the aisle and do our job toilets that flush—entire communities bill before us. Their strong leadership and make progress for our country. It in America. Think about that. They has been invaluable, and I thank them has also been 100 years that the U.S. have no running water and no toilets for their efforts. Senate has had a Judiciary Com- that flush. They have what we call in WRDA provides resources that will mittee—a committee on which I have Alaska honey buckets. Sounds sweet, improve drinking water infrastructure the honor of serving. In the 100 years of course, but it is not sweet; it is lit- in Flint, MI, and other places where we have had a Judiciary Committee in erally American citizens having to pipes, pumps, and treatment plants are the U.S. Senate, we have never had this haul their own waste from their house crumbling and are woefully out of date. situation, where the President does his to a lagoon and dump it there. Can you This bill also funds health care pro- job under the Constitution and nomi- believe that in America we have entire grams for communities that have been nates an eminently qualified jurist and communities—in my State over 30— affected by lead contamination. Also, the Senate Judiciary Committee re- that have that problem? What this all of the direct spending is fully paid fuses—just refuses—to conduct a hear- causes is often very high rates of dis- for. ing, to give a vote, to bring it to the ease, such as skin disease, ear infec- Crafting this bill has been a con- floor, and to offer a final vote. tions, and sometimes at third-world structive process with input from Obviously, we have disagreements. disease rates. Again, this is happening many Senators. There are a number of We have disagreements in this body in America. I think it is unacceptable, new, smart policy changes that will over principles and ideology. That is and I think most of my colleagues be- vastly improve water quality and tack- part of our job to come here rep- lieve it is unacceptable. It is not right. le accessibility challenges. For exam- resenting our States and their different That is where the new provision, the ple, this bill delivers funding for pro- priorities and values. But to stead- Small and Disadvantaged Communities grams that will reduce lead in drinking fastly refuse for 176 days to even con- Grant Program, comes in as part of water, test for lead in schools and vene a hearing, to even begin the proc- this bill. It prioritizes assistance to childcare facilities, and invest in new ess to allow the American people to small communities throughout our water technologies. have some insight into the quality and country that don’t have basic drinking WRDA also authorizes over $12 bil- caliber of the man nominated by our water or wastewater services. This is a lion for 29 Corps of Engineers projects President strikes me as an unprece- 5-year program that is in the bill. It in 18 States. These projects invest in dented refusal. It is the first time in a authorizes $1.4 billion to address what I ports and inland waterways, flood con- century that we have so blatantly had think the vast majority of Americans trol and hurricane protection, and the one group in this body refusing to pro- would agree is an unacceptable condi- restoration of critical ecosystems. ceed.

VerDate Sep 11 2014 23:53 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.007 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5426 CONGRESSIONAL RECORD — SENATE September 8, 2016 Our window for acting is closing be- and answer important questions before Supreme Court vacancies to become cause in just a few weeks, on October 3, the American people, before a com- routine, and I am deeply concerned the Supreme Court’s new term begins. mittee of this body, and before our col- about the manner in which the Senate So the refusal to act and to fill the leagues so that we could do our job and is conducting itself and the possibility ninth vacant seat has now had a seri- move forward. Yet we haven’t had this that this unprecedented inaction will ous ongoing impact on one term of the hearing—the hearing that the Amer- set a precedent for future vacancies Supreme Court and now soon on a sec- ican people so need and deserve. and send a signal to the world that our ond term of the Supreme Court. We In May, my Democratic colleagues constitutional order cannot still func- have never had a Supreme Court va- held a public meeting to try to further tion. cancy go this long in modern history. explore and air Judge Garland’s back- I remain hopeful that my colleagues In terms of the qualifications of the ground, where we heard from four es- will give serious thought to the sys- candidate, let’s just take a quick look teemed, significant, and experienced temic consequences of what we are at the public record so far. individuals deeply familiar with Judge doing through our refusal to even hold A bipartisan group of former Solici- Garland’s experience and character—a a hearing on Judge Garland. It is long tors General—the lawyers of the former court of appeals judge, a former past time to put the good of our Nation United States, the persons who rep- U.S. attorney, a former Cabinet Sec- and the Constitution above the politics resent the United States in court and retary, and a U.S. law professor who of the day and to get to work on this often before the Supreme Court—in- clerked for Judge Garland. All four of confirmation. cluding Paul Clement, Ted Olson, and them urged us to move forward and The PRESIDING OFFICER. The as- Ken Starr, have endorsed Judge Gar- consider his nomination. sistant Democratic leader. land as ‘‘superbly qualified,’’ having Of those four, Judge Lewis’ testi- NOMINATION OF MERRICK GARLAND ‘‘demonstrated the temperament, in- mony has particularly stuck with me. Mr. DURBIN. Mr. President, I would tellect, and experience to serve’’ on the He was nominated by President George like to thank my colleague from Dela- Supreme Court. This is not a sharply H.W. Bush in September of 1992, which, ware for joining me yesterday on the divisive nominee who is pursuing a par- to the best of my recollection, was an steps of the Supreme Court. We had ticular ideological agenda. This is a election year. He was then confirmed law clerks who had served Judge Gar- well-regarded, well-respected, seasoned by a Democratic-led Senate in October land over the years who spoke in glow- senior member of the Federal judici- of 1992, less than a month before a ing terms about the man’s ability to ary. hotly contested Presidential election. serve. In fact, I have not heard any de- Top lawyers at 44 U.S. companies Judge Lewis previously came to testify tractors or critics who have come for- have written to the Senate calling in support of then-Judge Samuel Alito ward to suggest that the President’s Judge Garland ‘‘exceptionally well- of the Third Circuit before his ele- nominee is not a serious candidate for qualified’’ and noting that a prolonged vation to the Supreme Court. Judge this job and one who would fill it with vacancy continues to leave important, Lewis warned us earlier this year in great competence. even vital, business issues unresolved this meeting that what we are doing is Here is the reality of what we face. before the Court, giving them a lack of not only deadlocking the Supreme This is the Executive Calendar, which predictability and leading them to Court, but it is diminishing it. is passed out every single day in the have to make decisions in the absence Our system of justice, our Federal Senate. You will see it on the desks of of clear guidance from the Court. courts, and our constitutional order many of my colleagues. In this publica- Just yesterday my colleagues and I are one of America’s most precious as- tion are nominations pending before joined some of Judge Garland’s former sets. As a Member of the Foreign Rela- the Senate. There are 27 Federal judi- law clerks in front of the Supreme tions Committee, I have the honor of cial nominees whose nominations are Court. Sometimes when I have had the traveling to other countries to rep- pending before the Senate. opportunity to review nominees for resent our country, most often on bi- One nomination that might be of in- Federal judgeships, I like to hear from partisan delegations, where we urge terest to those who are following this those who previously worked for them. them to follow our model. Sadly, in too debate is a nomination that goes back In a letter to the Senate, a group of many countries I have visited, they to October of 2015 of Edward L. Stanton Judge Garland’s former clerks noted cannot depend upon their judiciary to III, of Tennessee. Now, we know the that ‘‘Chief Judge Garland deeply be- be truly independent, to enforce the way the process works is that Mr. lieves that our system of justice works rule of law, to issue judgments that are Stanton’s name would not be on the best when those who see things dif- in keeping with their laws, traditions, calendar to be considered by the Sen- ferently are able to work together, in a or, most importantly, their constitu- ate were it not for the support of both collegial manner, to arrive at a just re- tion. That is why I am disappointed Senators from Tennessee—in this case, sult.’’ that we are engaging in this unprece- both Republican Senators of Ten- Yesterday we heard again firsthand dented refusal to follow the rules, to nessee. So we have a nomination to fill accounts from Judge Garland’s clerks follow the process of the Constitution a vacancy on a Federal district court of of his wisdom, mentorship, decency, and the Senate and to give this impor- Tennessee that has been approved by and commitment to justice. I wish we tant nominee a hearing. That is why I both Republican Senators and reported could follow the same approach in the am disappointed by Leader MCCONNELL out of the Senate Judiciary Committee Senate that Judge Garland’s clerks and and Chairman GRASSLEY in their re- in October of last year—almost 1 year other former coworkers said he fol- fusal to consider Judge Garland’s ago. lowed in the Department of Justice, as qualifications. It is my hope they will Obviously, a question must be raised. a career prosecutor, and as a judge on reconsider. What is wrong with Mr. Stanton? What the DC Circuit—an approach that fo- In Chief Judge Garland’s nomination, did he do? How did he get approved by cuses on collegiality and success. President Obama fulfilled one of his both Senators and out of committee I had the honor of meeting with most important constitutional respon- only to be sitting on the calendar for a Judge Garland on April 7. In addition sibilities. Now all 100 Senators, on this year? What he did was he ran into a to his truly impressive intellect and 176th day that we are waiting to fill concerted, deliberate plan by Senate compelling and long judicial experi- this 9th vacancy on the Supreme Republicans to stop filling judicial va- ence, our conversation revealed to me a Court, must do our job and provide ap- cancies under President Barack person of real character, good judg- propriate advice and possibly consent Obama. There are 26 like him who have ment, deep sensitivity, and thoughtful- to the President’s nominee. The Senate been reported from the committee and ness. I wish I had the opportunity in has a valuable opportunity to show our sent to the calendar. front of a public hearing of the Judici- constituents, the American people, and Listen, here is the interesting part. ary Committee to ask him similar the world that even in the midst of a Senator GRASSLEY, the chairman of the questions that would allow my con- divisive Presidential campaign, our Senate Judiciary Committee, has stituents, the President’s constituents, democratic and constitutional system called a special meeting of the com- and other Members of this body to ask still works. We cannot allow yearlong mittee today to take place right after

VerDate Sep 11 2014 23:53 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.009 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5427 the first vote, right off the floor here. cancies across the United States—a its history since the Judiciary Com- To do what? To add five more names to third of them are in emergency situa- mittee has been in business, never once the calendar—five more nominees to tions, which means that the courts refused a Presidential nominee a hear- the calendar. Why? Is there going to be cannot properly function because of ing. It has never happened. one magic day when all 32 are going to the vacancies on the Federal bench. Oh, I know, some of my critics on the fly out of the Senate by a handful of Despite this, the Senate Republicans other side will say: Well, if the shoe votes? refuse, being in control of the Senate, were on the other foot, if it were a Well, nobody said that is going to to call these names for consideration. Democratic Congress and a Republican happen. Unfortunately, it means that They know they will pass. They are not lameduck President, you would do the for each of these nominees—starting controversial. They went through the same. Wrong. In recent memory, in re- with Mr. Stanton, 1 year ago—their committee, and they languish on the cent history, when President Ronald lives are going to be on hold. They calendar because of this political deci- Reagan was in the last year of his term made a good-faith effort to step for- sion. and there was a vacancy on the Su- ward to serve the United States of I wish that were the worst example, preme Court, he sent the nomination of America in the Federal judiciary. They but it is not. The worst example relates Anthony Kennedy to a Democratic- submitted themselves to elaborate to the 176 days pending since the nomi- controlled Senate, and instead of refus- background checks by the FBI and nation of Judge Merrick Garland, chief ing to do our job, the Democratic Sen- other agencies, and then, when re- judge of the U.S. Court of Appeals for ate approved Justice Anthony Ken- ported by the White House, they went the District of Columbia Circuit. He nedy, the Reagan nominee, in the last through further background checks by has had his name before the Senate in year of the Reagan Presidency. the staff of the Senate Judiciary Com- nomination and has not been called for But Senator MITCH MCCONNELL and mittee. a hearing or a vote. the Senate Republicans have said no. Each of these individuals went Each of us, when we become a Sen- No, we are just not going to do it. We through a hearing where, under oath, ator, walks down this aisle and over to don’t care if the Constitution requires they were asked questions. Each of the side where the Vice President of it. We don’t care if we have taken an them, in many instances, was asked to the United States administers an oath oath to live up to the Constitution. We present additional support materials of office. We don’t take oaths lightly. don’t care if it has never been done be- for their nomination. They did it all. For most of us, there are only a hand- fore in the history of the Senate. We They did everything that was asked of ful of moments in our lifetime where are going to stop this President from them, and they sit on the calendar. we raise our hand and swear that we filling this Supreme Court vacancy be- What is this all about? are going to do certain things. In this cause our friends, our special interest Well, I would say Senator MCCON- case, we stand there in the well of the groups, corporate interests, Wall NELL and Senate Republicans are not Senate and swear to uphold the Con- Street banks, and the Koch brothers, very veiled in concealing their strat- stitution of the United States of Amer- don’t want to see an Obama nominee egy. They don’t want a Democratic ica. You might think it is a formal dec- filling this vacancy. President to fill a vacancy on the Fed- laration—and it is—but it is also a It is a shame. Merrick Garland is an eral bench, despite the fact that the meaningful declaration. This country extraordinarily gifted jurist. He is a people of the United States chose was riven and also destroyed because of son of Illinois—maybe I come to it with President Barack Obama by an over- a dispute over our Constitution which some prejudice—born in Chicago, whelming margin, despite the fact that led to a civil war. So we make certain, raised in Lincolnwood, valedictorian of he continues to have the powers of of- if you walk down this aisle and put up his high school, Niles West. He recently fice. They want to thwart and stop that your hand over there, one hand on the gave a graduation speech to that authority of the President to fill Fed- Bible, one hand reaching to the heav- school. eral judicial vacancies. Their hope is ens, taking an oath to uphold the Con- His father ran a small business. His that their favorite candidate, their be- stitution, we are serious about it. mother worked as the director of vol- loved nominee Donald Trump, will pick Yet, when it comes to filling this Su- unteer services at Chicago’s Council for the next set of Federal judges. Can you preme Court vacancy, the Constitution Jewish Elderly. Judge Merrick Garland imagine? is explicit about our responsibility in is an intelligent man. He earned his un- What really is behind this is not just the Senate. Article II, section 2, speaks dergraduate and law degrees from Har- to give Mr. Trump his moment to pick to the President’s constitutional re- vard, clerked for distinguished jurists the nominees and make nominations to sponsibility—responsibility—to fill va- Henry Friendly and William Brennan. pick the future members of the judici- cancies on the U.S. Supreme Court. He spent years in public service as a ary but really to serve a specific polit- Why did the Founding Fathers make it prosecutor at the Department of Jus- ical agenda. The Senate Republicans a responsibility and a mandate? Be- tice. He led the investigation of the are afraid of what would happen to a cause they knew what would happen if 1995 Oklahoma City bombing. He served Federal court system if independent ju- vacancies on the Court could be used as a judge on the DC Circuit since 1997. rists served. They want their friends for political purposes, if leaving slots Incidentally, he was confirmed by the instead. They want those who will lean vacant on the Court advantaged one Senate with a broad bipartisan vote for in their direction when it comes to the political party or the other. that position. important issues of corporate interests, So they came forward and said: It is Throughout his career, he has won Wall Street banks, and the Koch broth- all about a full set of Justices and the praise from across the political spec- ers. The courts mean an awful lot to President’s responsibility to nominate trum for his fairness, his brilliance, his companies and wealthy people, and those who would fill the vacancies. The work ethic, and his judgment. The they want to make sure the right peo- death of Antonin Scalia created a va- American Bar Association took a look ple are sitting there making decisions cancy. The Court across the street now at this nominee and said: He is unani- when it comes to the future. has eight Justices. They have already mously ‘‘well qualified’’ to serve on the So 27 nominees sit on the Senate cal- been hamstrung by the fact that one Supreme Court—unanimously. This is endar, and the Senate Republicans Justice is missing and they were un- a man who has given decades of his life refuse to call them for a vote. Senator able to reach a decision in critical to public service, and the Senate Re- GRASSLEY on the Senate Judiciary cases. publicans will not even give him a Committee wants to add five more to So the President met his responsi- hearing. They will not give him a mo- the list today. Why? Why are we doing bility 176 days ago and sent the nomi- ment under oath to answer questions. this to these poor people, putting them nation of Merrick Garland to be consid- The way the Senate Republican ma- through this charade of nomination ered by the Senate. I don’t use this jority has handled this Supreme Court when there is no intention to fill the term loosely. I have looked it up. I vacancy is shameful. Since Justice vacancy? Incidentally, among the va- have researched it. I want to say ex- Antonin Scalia’s untimely passing last cancies currently pending on the Fed- plicitly, the Senate of the United February, the Supreme Court has had eral judiciary—we are now up to 90 va- States of America has never, never in to operate with eight Justices. As

VerDate Sep 11 2014 23:53 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.010 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5428 CONGRESSIONAL RECORD — SENATE September 8, 2016 President Ronald Reagan said back in one. He said it was an emergency. Obvi- It is not the first time we have had a 1987, ‘‘Every day that passes with the ously, the Senate Republicans did not situation this serious—Katrina and Supreme Court below full strength im- care. In May, we finally reached an others come to mind—but it is a re- pairs the people’s business in that cru- agreement to a reduced amount, $1.1 minder, when it comes to natural dis- cially important body.’’ billion, passed it out of the Senate. I asters or public health disasters, for During the last Supreme Court term, believe the vote was 89 to 8, a strong goodness’ sake, isn’t that where poli- the Court was unable to reach a final bipartisan rollcall. tics should end and people should, on a decision on the merits seven times be- Many of us breathed a sigh of relief. bipartisan basis, set out to solve a cause the Justices were deadlocked 4 to It was before the mosquito season real- problem instead of create a problem? 4. Major legal questions have been left ly got in full force in most of the coun- So now it is up to Speaker RYAN and unresolved. On September 26, the Court try. It looked like we were going to re- it is up to Senator MCCONNELL to show will hold its first conference of its new spond to the President’s call for emer- real leadership in the Senate. I know term, still with only eight Justices, gency funding. Then what happened? It they are not going to back off on these though the Senate has had plenty of went over to the House of Representa- judges. They have dug in real hard on time to fill a vacancy, but the Senate tives, and instead of taking the clean, those, but I would hope, when it comes Republicans have refused to do their bipartisan bill that passed the Senate, to passing spending bills in a sensible job. no, they decided they would embellish fashion and funding our efforts to stop Unlike any other Senate in the his- it with political poison pill riders. Lis- the spread of this Zika virus, that we tory of the United States, in the his- ten to one of them. They said women will do something meaningful. tory of this country, the Senate Repub- who were concerned about family plan- They estimate, by the end of this licans have refused a Presidential ning and their pregnancies because of year, one out of four people in Puerto nominee to the Supreme Court a fair this issue could not seek family coun- Rico will have been infected by this hearing—any hearing—and a vote. It is seling and women’s health care at virus. By the end of next year, it will shameful. The Senate is now failing Planned Parenthood clinics. Two mil- be closer to 90 percent. It is a serious under the Constitution to do its job. lion American women used those clin- public health crisis. It is one we need The Senate Republicans, by design, are ics last year. The Republicans are now to do something about. Ultimately, we responsible. saying: Sorry. As important and pop- need a vaccine. The Centers for Disease Judge Garland, the Supreme Court, ular as they may be, we are going to Control announced this week that they and the American people deserve bet- prohibit any money being spent for brought to a halt their efforts. They ter. The Senate should give Merrick women to turn to these clinics for fam- have run out of money. Now it is up to Garland a hearing and a vote. ily planning advice because of the Zika Congress. It is up to the Senate. It is ZIKA VIRUS FUNDING virus. up to the Republican leadership. Mr. President, when they write the They went further. They took $500 I yield the floor. history of this Republican-controlled million out of the Veterans’ Adminis- The PRESIDING OFFICER. The Sen- Senate, they will surely note that we tration that was going to be used to ator from Minnesota. are a little over 2 weeks away from a process claims to get rid of the back- FILLING THE SUPREME COURT VACANCY deadline, when we were supposed to log. No, they will take $500 million Ms. KLOBUCHAR. Mr. President, I have a budget and appropriations bills, away from that and put it into the come to the floor once again on the and we don’t have them. Zika virus. Then, to add insult to in- topic of the vacant seat on our Su- That has happened before. It is not jury, the Republicans in the House in- preme Court. I would also echo Sen- the first time in recent memory. We sisted on a provision that would allow ators DURBIN’s comments about the have been tied up in knots before, but them to display the Confederate flag at need to move immediately on the fund- that is a reality. Despite promises to U.S. military cemeteries. ing on Zika. We of course passed some- the contrary, we have not passed an ap- What we had was a simple, straight- thing here that had clear bipartisan propriations bill. I might say in fair- forward, clean bill to deal with the support. Now we wait to get this done ness, in defense, of the Senate Appro- public health crisis turned into a polit- again and to not politicize this incred- priations Committee and the Repub- ical grab bag. They sent it over here ible public health threat. lican chairman, THAD COCHRAN, as well knowing it would fall and it did, re- Today I am focusing my remarks on as the ranking Democrat, BARBARA MI- peatedly. the damage to our system of govern- KULSKI, we did our job. Now the question is, whether Senator ance that is being done by leaving a We held hearings on the important MCCONNELL and Senate Republicans bills. They are ready for consideration will follow the lead of House Repub- seat open on our Nation’s highest on the floor. What has stopped their lican Members who are telling them: Court. For years, we have seen some consideration is the Republican House Enough. Members from Florida—Con- fraying of our democracy, the polariza- tion, but the citizens of America have of Representatives and Senator MCCON- gressman YOHO, for example—a Repub- always believed in an independent Su- NELL. The Republicans in the House lican Member says: Let’s clean up this just cannot reach an agreement. That bill and do something about Zika. Why preme Court. We have seen some polit- is why John Boehner left. That is why is he saying that? Because the Centers ical creep, as we know, into our judi- cial selection process. Nonetheless, the PAUL RYAN’s hair is turning gray, try- for Disease Control has done something ing to deal with a handful of tea party extraordinary, something I don’t think citizens of America have respected the Republicans who would rather see the has ever been done before. They have rule of law. They continue to do that. whole Congress grind to a halt and the warned Americans not to travel to When our Founding Fathers sat down government shut down. parts of the United States, certain sec- to sketch out the framework of our Na- So when it comes to passing appro- tions of Florida, where the Zika mos- tion, they did not issue decrees. No, priations and spending bills, there is quito is showing up. they set up a system of governance not much to brag about on the Repub- Congressmen from Florida, including with three equal branches. The Fed- lican side of the aisle. When it comes Republicans, have said: Enough of the eralist Papers outline this balance of to the Zika virus in February, Presi- political games. Pass the clean bill paper in detail. Alexander Hamilton dent Obama said: Be careful. We have a funding Zika. Senate Republicans once wrote about this balance. He public health crisis looming. This mos- refuse. They will not move forward on wrote: quito we have discovered can cause ex- it. We are stuck, stuck with the situa- The regular distribution of power into dis- traordinary damage to pregnant tion that we can cure and should cure tinct departments; the introduction of legis- women and to the babies they carry. on a bipartisan basis. lative balances and checks; the institution of So he asked us, in February of this My colleagues from Louisiana come courts composed of judges holding their of- fices during good behavior. . . . They are year, 7 months ago, he asked us for $1.8 to tell us about the terrible devasta- means, and powerful means, by which the billion so they could stop the spread of tion that has taken place in their State excellences of republican government may be this mosquito virus and start the re- because of the flooding, national dis- retained and its imperfections lessened or search for a vaccine to protect every- aster, loss of life, damage to property. avoided.

VerDate Sep 11 2014 23:53 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.011 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5429 Well, that is not going to happen if mittee, and know I would say we have This little boy did nothing wrong. He we have a Court that cannot fully func- to have a hearing because the Constitu- was an 11-year-old riding his bicycle in tion. We have, in the most recent term, tion says our duty is to advise and con- his town, in a very rural part of less cases brought up before the Court sent. It doesn’t say advise and consent Stearns County, MN, where things are because we don’t have a full composite after a Presidential election or when- supposed to be safe. Well, they weren’t of Justices. We have had split deci- ever it is convenient. It says advise and safe that day. The amazing part of this sions. Think back in time. What if we consent. story is not only the memory of this only had eight Justices and a 4-to-4 de- I am hopeful my colleagues are lis- little boy, but it is how for years Patty cision on Bush v. Gore or in the Mi- tening to us, that they will find it Wetterling and her family have turned randa case or Brown v. Board of Edu- within themselves to allow this great their grief into action. cation? judge, this great jurist a hearing. I was Understandably, many people try to Actually, an interesting fact is, the there in the Rose Garden when Presi- hang tight to their family. She has Brown decision may not have happened dent Obama nominated him. I saw him done that. She has been a great mom, if it were not for the swift filling of a tear up, and I thought to myself, not but she went beyond that. She served Supreme Court vacancy. Chief Justice only is this a monumental moment in on the board of directors of the Na- Vincent died just before the reargu- his own life, to be nominated for the tional Center for Missing and Exploited ment of the case. By most accounts, highest Court of the land, but perhaps Children. She has been a nationally the eight-person Court was split on the he was tearing up because he knew the recognized educator on child abduction issue. Had this Senate refused to give burden he was carrying, one man, on and the sexual exploitation of children. Earl Warren a hearing and a vote, we his shoulders, the burden of carrying She and her husband cofounded the would not have had the decision, but forward the American tradition of an Jacob Wetterling Resource Center to the Senate allowed for a vote and Chief independent judiciary, this simple con- educate communities about child safe- Justice Warren was confirmed, the cept that politics isn’t supposed to dic- ty issues and to prevent child exploi- Brown decision was handed down, and tate our processes, that our Founding tation and abduction. She served for our Nation has seen great progress to- Fathers set out three co-equal more than 7 years as director of the ward equality as a result of that deci- branches of government. Our job in the Sexual Violence Prevention Program sion. Senate is to make sure the judiciary is for the Minnesota Department of In fact, the process in the Senate for funded so it can function, our job is to Health. She was named one of the ‘‘100 the last 100 years is that the Judiciary pass laws they then look at and apply Most Influential Minnesotans of the Committee holds hearings. In the few when there are questions about those Century’’ by one of our newspapers. instances where they have not, that is laws, and our job is to advise and con- She has kept this hope alive, but because those nominees were con- sent on nominees to the Federal judici- what is amazing about it is, she has firmed in 11 days or less. Since 1916, ary. saved other lives. A number of bills, every nominee has been handled in So let’s get our act together and do legislation—including the sexual pred- that fashion. Justice Kagan has said our job. ator registration—have come out of the I yield the floor. work, better collaboration between the current Justices on the Court are Mr. President, I suggest the absence doing everything they can to build a local and Federal law enforcement. She of a quorum. has saved so many lives in Jacob’s consensus and avoid a 4-to-4 split. The PRESIDING OFFICER. The While I appreciate that effort, that is memory. clerk will call the roll. Senator FRANKEN and I are going to just not how it is supposed to work. We The senior assistant legislative clerk want laws to rise or fall because the be putting a resolution on the record proceeded to call the roll. today on this topic, but I just wanted Supreme Court has decided them, not Ms. KLOBUCHAR. Mr. President, I to take a moment personally to recog- because of a 4-to-4 split. ask unanimous consent that the order nize Patty for her strength, her cour- Look at the nominee we have. He is for the quorum call be rescinded. someone who has had broad support on The PRESIDING OFFICER. Without age, and her grace. I yield the floor. both sides of the aisle. Senator HATCH objection, it is so ordered. Mr. President, I suggest the absence once came before this body and said he TRIBUTE TO PATTY WETTERLING challenged everyone to come to the of a quorum. Ms. KLOBUCHAR. Mr. President, I The PRESIDING OFFICER (Mr. floor to say something negative about wish to take just a few minutes to give RUBIO). The clerk will call the roll. Judge Garland. Judge Garland oversaw a brief tribute to someone I know well, The senior assistant legislative clerk both the Oklahoma City bombing case Patty Wetterling, and to her family. proceeded to call the roll. and the Unabomber case at nearly the They are longtime Minnesota resi- Mr. MCCONNELL. Mr. President, I same time. He earned a 76-to-23 vote in dents. Patty and I know each other ask unanimous consent that the order this Chamber for his last job, and he is well. We actually ran against each for the quorum call be rescinded. someone who has routinely received other for the Senate in 2005, and out of The PRESIDING OFFICER. Without positive comments from judges and that experience we came to be very objection, it is so ordered. commentators from the other side of good friends. UNANIMOUS CONSENT AGREEMENT—EXECUTIVE the aisle who basically have acknowl- Patty Wetterling is a woman of unbe- CALENDAR edged he is someone who looks for that lievable courage. Her son Jacob was Mr. MCCONNELL. Mr. President, I common ground. kidnapped at gunpoint 27 years ago. All ask unanimous consent that at 1:45 I have no doubt he would excel in his that time she has kept the hope alive p.m. today the Senate proceed to exec- hearing, but right now we are not going that he would be found. She knew it utive session for the consideration of to know that. was a small hope, but, as we know, Calendar No. 685; that the Senate vote I just ask my colleagues: What are there have been cases in America on the nomination without intervening they afraid of? Are they afraid the citi- where missing children are found 10 action or debate; that, if confirmed, zens of America will be able to see this years, 20 years later, and that is what the motion to reconsider be considered fine judge and how smart he is or how she was hoping for. made and laid upon the table; that the he answers questions? As my friend This past week, those dreams were President be immediately notified of Senator ANGUS KING has said, are they dashed, as a very evil man came for- the Senate’s action and the Senate afraid they would like him too much? ward to law enforcement—he was al- then resume legislative session without I do not understand why we simply ready in captivity—and admitted to any intervening action or debate. cannot have a hearing. I had to put this crime and brought law enforce- The PRESIDING OFFICER. Is there myself—I think, well, what would hap- ment to Jacob’s remains. objection? pen if we had a Republican President The story, which I will not put on the Without objection, it is so ordered. and a Democratic Senate, what would I record, is a horrific one, but I think the Mr. MCCONNELL. Mr. President, I do? I have clearly thought this most poignant moment in this horrible suggest the absence of a quorum. through, as a lawyer and as someone story were Jacob’s last words, which The PRESIDING OFFICER. The who is a member of the Judiciary Com- were: What did I do wrong? clerk will call the roll.

VerDate Sep 11 2014 23:53 Sep 08, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.012 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5430 CONGRESSIONAL RECORD — SENATE September 8, 2016 The legislative clerk proceeded to do commerce, how we live our lives. rest for daring to merely search for call the roll. For many, especially young people, it such a thing that didn’t meet the ap- Mr. CRUZ. Mr. President, I ask unan- is hard to even imagine life before the proval of the censors. Thankfully, that imous consent that the order for the Internet. Look at what the Internet doesn’t happen in America. But giving quorum call be rescinded. has done. It has created an oasis of control of the Internet to an inter- The PRESIDING OFFICER. Without freedom for billions around the world. national body with Russia and China objection, it is so ordered. One of the great problems with some- and Iran having power over it could REMEMBERING PHYLLIS SCHLAFLY one trying to start a business is what is lead to precisely that threat. And it is Mr. CRUZ. Mr. President, I rise to known as the barrier to entry. What going to take Congress, acting affirma- honor the first lady of the conservative the Internet has done is dramatically tively, to stop this. movement. On Sunday, surrounded by reduce the barriers to entry for anyone If we look at the influence of foreign her loving family, Phyllis Schlafly who wants to be an entrepreneur. If governments within ICANN, it should passed away. Few will ever match you are a man or a woman or even a give us greater and greater concern. Phyllis’s conviction and tenacity. She boy or a girl somewhere across the For example, ICANN’s former CEO, literally stood on the frontlines, fight- country or around the world and you Fadi Chehade, left ICANN to lead a ing against forces that threatened to have an idea, a service you want to sell high-level working group for China’s upend families and sought to under- or a good you want to make, you can World Internet Conference. Mr. mine the Judeo-Christian values upon put up a Web site, and instantly you Chehade’s decision to use his insider which our great Nation was founded. have international marketing capac- knowledge of how ICANN operates to Without question, Phyllis Schlafly ity. You have a portal to communicate help the Chinese Government and their loved America. Her contributions to with people. Anyone can go online and conference is more than a little con- our country went far beyond her work order whatever your good or service is. cerning. This is the person who was exposing the illogic of liberalism. Phyl- And between that and FedEx or UPS, leading ICANN—the body we are being lis led the charge to make the Repub- you can ship it anywhere in the world. told to trust with our freedoms. Yet lican Party pro-life and defended the That is an extraordinary and trans- this man has gone to work for the sanctity of marriage. She was a pas- formational ability. China Internet conference, which has sionate defender of U.S. sovereignty That freedom of the Internet—that rightly been criticized for banning and championed Reagan’s policy of you don’t have to go and get anybody’s members of the press, such as the New ‘‘peace through strength’’ during a cru- approval; you don’t have to go to a York Times and the Washington Post. cial time in American history. The board for business authorization if you Even reporters we may fundamen- women and men of Eagle Forum, which want to create a new business—is de- tally disagree with have a right to re- she founded, are incredible patriots and mocratizing in that effect. The Inter- port and to say what they believe. Yet grassroots activists who today, along net empowers those with nothing but the World Internet Conference banned with all of us, are mourning Phyllis’s hope and a dream to be able to achieve them. They said ‘‘We do not want these passing. those ambitions. reporters here,’’ presumably because Our Nation continues to face many Right now the proposal of the Obama they don’t like what they are saying. dangers, both foreign and domestic, administration to give away control of That led Reporters Without Borders to and we need more individuals, more the Internet poses a significant threat demand an international boycott of the leaders such as Mrs. Schlafly, who are to our freedom, and it is one many conference, calling China the ‘‘enemy not afraid to stand and fight for the Americans don’t know about. It is of the Internet.’’ freedoms so richly bestowed upon us by scheduled to go into effect on Sep- If China is the enemy of the Internet, our Creator. May she rest in peace. tember 30, 2016—22 days away, just over do we want the enemy of the Internet THE INTERNET 3 weeks. having power over what we are allowed Mr. President, today our country What does it mean to give away con- to say, what we are allowed to search faces a threat to the Internet as we trol of the Internet? From the very for, what we are allowed to read on- know it. In 22 short days, if Congress first days of the Internet, when it was line? Do we want China and Russia and fails to act, the Obama administration developed here in America, the U.S. Iran having the power to determine intends to give away control of the Government has maintained its core that if a Web site is unacceptable, it is Internet to an international body akin functions to ensure equal access to ev- taken down? to the United Nations. eryone, with no censorship. The gov- I would note that once this transi- I rise to discuss the significant, irrep- ernment role isn’t to monitor what we tion happens, there are serious indica- arable damage this proposed Internet say or censor what we say; it is simply tions that ICANN intends to seek to giveaway could wreak not only on our to ensure that it works—that when you flee U.S. jurisdiction and to flee U.S. Nation but on free speech across the type in a Web site, it actually goes to laws. Indeed, earlier this summer world. So today I urge my colleagues that Web site and not somewhere else. ICANN held a global conference in Fin- on both sides of the aisle to join me, Yet that can change. land in which jurisdiction shopping was along with Senators LANKFORD and The Obama administration is, in- part of their agenda—trying to figure LEE, along with the Presiding Officer stead, pushing through a radical pro- out which jurisdiction they should base and his leadership, along with Con- posal to take control of Internet do- control of the Internet out of around gressman SEAN DUFFY to stop the main names and give it to an inter- the globe. A representative of Iran is Obama administration from relin- national organization—ICANN—which already on record stating: ‘‘[W]e should quishing U.S. control of the Internet. includes 162 foreign countries. If that not take it [for] granted that jurisdic- Many have stood with us in both proposal goes through, it will empower tion is already agreed to be totally Chambers, and we are very grateful for countries like Russia, like China, like based on U.S. law.’’ Senators THUNE, GRASSLEY, BURR, COT- Iran to be able to censor speech on the Our enemies are not hiding what TON, SASSE, MORAN, SESSIONS, and Internet—your speech. Countries like they intend to do. Not only is there a RUBIO, along with a number of our col- Russia and China and Iran are not our concern of censorship and foreign juris- leagues in the House, including Con- friends, and their interests are not our diction stripping U.S. law from author- gresswoman BLACKBURN and Congress- interests. ity over the Internet, there are also men DUFFY, BARTON, BRADY, BURGESS, Imagine searching the Internet and real national security concerns. Con- CULBERSON, and FLORES. And I urge instead of seeing your standard search gress has received no assurances from even more of my colleagues to come to- results, you see a disclaimer that the the Obama administration that the gether and stand united to stop the information you were searching for is U.S. Government will continue to have Obama administration’s Internet give- censored—that it is not consistent with exclusive ownership and control of the away. the standards of this new international dot-gov and dot-mil top-level domains The Internet has been one of those body and does not meet their approval. in perpetuity, which are vital to our transformational inventions that has If you are in China, that situation national security. The Department of changed how we communicate, how we could well come with the threat of ar- Defense, the Army, the Navy, the Air

VerDate Sep 11 2014 01:55 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.014 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5431 Force and the Marines all use the dot- formal endorsement of the House Free- With the Federal Government main- mil top-level domain. The White dom Caucus. taining supervision over ICANN and House, the CIA, the FBI, the Depart- This should be an issue that brings us domain names, it means the First ment of Homeland Security all use dot- all together—Republicans, Demo- Amendment is protected. Other coun- gov. crats—all of us coming together. There tries don’t have First Amendment pro- The only assurance ICANN has pro- are partisan issues that divide us. tections. Other countries don’t protect vided the Federal Government regard- There always will be. We can have Re- free speech the way America does. And ing dot-gov and dot-mil is that ICANN publicans and Democrats argue until America does that for the world, pro- will notify the government in the fu- the cows come home about the top tecting free speech on the Internet by ture if it decides to give dot-gov or dot- marginal tax rate, and that is a good preventing the government from en- mil to another entity. So if someone is and healthy debate to have. But when gaging in censorship. We shouldn’t going to the IRS—or what you think is it comes to the Internet, when it comes muck it up. the IRS—and your comfort is that it is to basic principles of freedom—letting If the Obama administration jams on a dot-gov Web site so you know it people speak online without being this through, hands control of the must be safe, you may instead find censored—that ought to bring every Internet over to this international or- yourself victim of a foreign scam, a one of us together. ganization, this United Nations-like As Members of the legislative branch, phishing scam or some other means of unaccountable group, and they take it Congress should stand united to rein in fraud, with no basic protections. overseas, it is not like the next Presi- this President, to protect the constitu- Congress should not sit by and let dent can magically snap his or her fin- tional authority expressly given to this happen. Congress must not sit by gers and bring it back. Unscrambling Congress to control disposition of prop- and let censorship happen. Some de- those eggs may well not be possible. I erty of the United States. To put the fenders of the Obama proposal say: suspect that is why the Obama admin- matter very simply: The Obama admin- This is not about censorship; it is istration is trying to jam it through on istration does not have the authoriza- about handing control to a multistake- September 30—to get it done in a way tion of Congress, and yet they are en- holder unit. They would never dream of that the next President can’t undo it, censoring content on the Internet. deavoring to give away this valuable, critical property—to give it away with that the Internet is lost for genera- Well, recently, leading technology tions to come. companies in the United States— no authorization of law. I would note that the government To stop the giveaway of our Internet Facebook, YouTube, Twitter, and employees doing so are doing so in vio- freedom, Congress should act by con- Microsoft reached an agreement with lation of Federal law, and they risk tinuing and by strengthening the ap- the European Union to remove ‘‘hate personal liability in going forward con- propriations rider in the continuing speech’’ from their online platforms trary to law. That ought to trouble all resolution we will be considering this within 24 hours. Giant U.S. corpora- of us. Who in their right mind looks at month and by preventing the Obama tions are signing on with the govern- the Internet and says: You know what administration from giving away con- ment to say: We are going to help you we need? We need Russia to have more trol of the Internet. censor speech that is deemed unaccept- control over this. What is the thought Next week I will be chairing a hear- able. process behind this, and what does it ing on the harms to our freedom that By the way, we have seen that the gain? What does it gain? When you come from the Obama administration’s definition of ‘‘hate speech’’ can be very look at the Internet, the Internet is proposal to give away the Internet. malleable, depending upon what norms working. The Internet works just fine. President Ronald Reagan stated: are trying to be enforced. For example, It lets us speak, it lets us operate, and Freedom is never more than one genera- the Human Rights Campaign, which is it lets us engage in commerce. Why tion away from extinction. We didn’t pass it active within ICANN, has featured the would this administration risk giving on to our children in the bloodstream. It Family Research Institute, the Na- it up? must be fought for, protected, and handed on tional Corporation for Marriage, the Mr. President, when you and I were for them to do the same, or one day we will American Center for Law and Justice, spend our sunset years telling our children children, Jimmy Carter gave away the and our children’s children what it was once and other conservative and religious Panama Canal. He gave it away, even groups in a report entitled ‘‘The Export like in the United States when men were though Americans had built it. Ameri- free. of Hate.’’ cans had died building the Panama We are facing the real possibility of I don’t want us to have to tell our Canal, but he nonetheless gave it away. children and our children’s children an international body having the abil- For some reason President Obama ity to censor political speech if it is what it was once like when the Inter- seems to want to embody the spirit of net wasn’t censored, wasn’t in the con- contrary to the norms they intend to Jimmy Carter, and instead of giving enforce. In their view it is hate to ex- trol of foreign governments. I urge my away the Panama Canal, he wants to colleagues on both sides of the aisle to press a view different from whatever give away the Internet. We shouldn’t come together, to stand together and prevailing orthodoxy is being enforced. let him. ensure that we protect freedom of the It is one thing dealing with govern- The U.S. Constitution prohibits ment organizations that try to stifle transferring government property to Internet for generations to come. It is speech. That is profoundly inconsistent anyone without the authorization of not too late to act. And I am encour- with who we are as Americans. But to Congress. Article IV, Section 3 of the aged by the leadership of Members of hand over control of the Internet and Constitution explicitly requires con- both Houses of Congress who stand up to potentially muzzle everybody on the gressional authorization. and protect the freedom of the Internet Internet is to ensure that what you say For several years now, Congress has going forward. is only consistent with whatever is ap- also prohibited the administration Mr. President, I suggest the absence proved by the powers that be, and that from using any funds to ‘‘relinquish’’ of a quorum. ought to frighten everyone. control of the Internet. Yet, in typical The PRESIDING OFFICER. The There is something we can do about lawless fashion, the Department of clerk will call the roll. that. Along with Congressman SEAN Commerce has been racing to prepare The legislative clerk proceeded to DUFFY in the House, I have introduced to relinquish control by September 30— call the roll. the Protecting Internet Freedom Act, directly violating Federal law and Mr. CARPER. Mr. President, I ask which, if enacted, will stop the Inter- using taxpayer funding to do so. The unanimous consent that the order for net transition and it will also ensure administration’s continued contempt the quorum call be rescinded. the U.S. Government keeps exclusive for the law and the Constitution, while, The PRESIDING OFFICER. Without ownership and control of the dot-gov sadly, not surprising anymore, is par- objection, it is so ordered. and dot-mil top-level domains. Our leg- ticularly dangerous here, as it is con- ITT TECH AND THE GI BILL islation is supported by 17 key groups tempt in service of undermining Inter- Mr. CARPER. Mr. President, here in around the country—advocacy groups, net freedom for billions of people this Chamber and in this country of consumer groups—and it also has the across the world. ours, we often talk about the dream of

VerDate Sep 11 2014 01:55 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.016 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5432 CONGRESSIONAL RECORD — SENATE September 8, 2016 a college education. A college edu- in which we could leave them—at a schools failing to deliver on the prom- cation opens doors, leads to a higher defunct college, without a plan to help ise of a higher quality education. quality of life. A college education can them get their benefits back, and with- In conclusion, Congress must act. We boost our wages and our incomes. A out a way to pay their rent or their must act to restore the dream of a college education is a first-class ticket mortgage next month. I think it is high-quality college education for our to the middle class. shameful. I also think enough is Nation’s veterans. It is well past time We often talk about the young people enough. Congress must act to protect to address this situation. Enough is in our communities who have made our veterans in this instance, as we do enough. that dream a reality, and they may not in so many others. Mr. President, I yield the floor. have come from much. Their parents I don’t believe that all for-profit The PRESIDING OFFICER. The Sen- saved what they could. In many cases, schools are bad actors. They aren’t. ator from Nevada. they are the first in their family to go Some do a good job. But the poor edu- Mr. HELLER. Mr. President, I rise to college. They took out loans, they cational employment outcomes for stu- today—— worked nights in many cases and on dents across this sector are undeniable. Mr. LEAHY. Mr. President, if the weekends, they hit the books. In many The damage ITT Tech has inflicted Senator will just yield for a moment. cases, they graduated with honors. upon students and taxpayers is undeni- Mr. HELLER. I will yield. The PRESIDING OFFICER. The Sen- They got good-paying jobs. They raised able. Let’s take a moment and look at ator from Vermont. a family, and they planned to send the facts. Mr. LEAHY. Could the Senator give their kids to college too. That is the ITT Tech is facing lawsuits by the me some idea how long he will be? dream we talk about, but for too many Consumer Financial Protection Bu- Mr. HELLER. About 5 minutes. students across our country today, the reau, the Securities and Exchange Mr. LEAHY. Mr. President, I thank dream of a college education has Commission, and multiple State attor- the Senator. turned into a nightmare. neys general for illegal loan schemes, The PRESIDING OFFICER. The Sen- I learned this week that 45,000 college deceiving shareholders, and for decep- ator from Nevada. students who were enrolled at a school tive recruiting. Mr. HELLER. Mr. President, I rise in called ITT Tech awoke and learned ITT Tech’s accreditor recently found support of the Heller-Heinrich amend- that their college was closed—not for a that the school ‘‘is not in compliance, ment No. 4981. snow day, not for a holiday; ITT Tech and is unlikely to become in compli- Mr. President, with your experience closed its doors for good after years of ance’’ with accrediting standards. ITT in the West, you know water is the life- questionable business practices and fi- Tech’s closure leaves taxpayers on the blood of our economy and culture. nancial woes. Many of these 45,000 stu- hook for a half billion dollars in closed Without water, our communities can- dents are living a nightmare this week. school loan discharges—half a billion not grow. Improving the rural water They are scrambling to transfer to an- dollars. supply, their security, and economic other school. They are hoping their ITT Tech is one of the top recipients development all goes hand in hand, credits will count elsewhere so they of post-9/11 GI bill dollars since 2009. which is why I have teamed up with my don’t have to start over again. They ITT Tech did not use this massive tax- friend from New Mexico Senator HEIN- are scrambling to find out if they are payer investment to provide a high- RICH to offer this western water amend- eligible for debt forgiveness on their quality education to too many vet- ment that will help ensure every drop student loans. erans. They used it for recruitment, of western water goes as far as it can. I rise today, though, to talk about a they used those dollars for advertising Our amendment simply ensures that particular group of students who have and ultimately for profit. the U.S. Army Corps of Engineers im- been harmed by the sudden closure of ITT Tech failed veterans and tax- plements its western water infrastruc- ITT Tech—our Nation’s veterans and payers for years. When they closed ture program as Congress intended. It their families. Until this week, there their doors this week, they left tax- will help advance projects like storm were nearly 7,000 veterans enrolled at payers and veterans and their families and sewer systems, water treatment ITT Tech, using the post-9/11 GI bill to in the lurch. It is shameful. Again, plants, and delivery projects in Idaho, help finance their education. As a vet- enough is enough. Montana, Nevada, New Mexico, Utah, eran myself of the Vietnam war, I The Department of Veterans Affairs and Wyoming. know what it is to be eligible for the GI must now work closely with the De- It was first established in 1999. This bill, which I and my generation were. partment of Education to ensure that program has been helpful to rural While it was not as generous as this ITT Tech’s student veterans have the counties surrounded by Federal lands. one today, nonetheless, it was a great resources and guidance they need to Increasing the West’s water security is lifesaver for me and a lot of other folks transfer and continue their studies at a essential to the long-term economic with whom I served. But the post-9/11 high-quality institution of higher competitiveness. GI bill, while generous, is a finite ben- learning. We in Congress have work to I urge my colleagues to support this efit. It provides up to 36 months of tui- do too. I believe we have a particular important bipartisan western initia- tion and housing benefits for veterans responsibility to hold bad actors ac- tive. as well as members of their family. If countable and increase protection for Mr. President, I want to change top- the veteran doesn’t use their benefit, veterans who plan on enrolling at for- ics and talk about something that is their spouse can. If their spouse doesn’t profit schools that are under investiga- important to all of us; that is, Lake use the benefit, their dependent chil- tion and heading for bankruptcy. Tahoe. Mark Twain once said: ‘‘The dren may. It is an incredible benefit. For-profit schools, such as ITT Tech Lake had a bewilderingly richness But veteran students at ITT Tech have and Corinthian Colleges, which also about it that enchanted the eye and no recourse to get those GI tuition ben- suddenly collapsed last year, target held it with the stronger fascination.’’ efits back to put toward their studies veterans for their generous benefits Over the past year and a half, I have at another college. that we as taxpayers provide for them, worked with my good friend from Okla- The housing allowance that our vet- and those schools exploit something homa, Environment and Public Works erans’ families have spent will come to called the 90–10 loophole that allows Chairman JIM INHOFE. I thank him for an abrupt halt because they are no for-profit schools to be 100 percent reli- helping advance a longstanding pri- longer enrolled in classes. They have ant on Federal taxpayer dollars—100 ority of mine—the Lake Tahoe Res- been robbed of their time and their percent. toration Act. This is a bill I cham- hard-earned benefits, and, frankly, tax- Congress can take meaningful steps pioned in the House before I came to payers have been robbed of their tax to protect veterans and their families, the Senate, and I am proud to be the dollars. and chief among them would be closing lead sponsor of it in the Senate during When I think about the men and this loophole. The 90–10 loophole has the 114th Congress. women who volunteer to serve our directly led to this ongoing nightmare This bipartisan legislation, which has country during a time of war, it is for the student veterans at Corinthian, garnered the unanimous support of Ne- unfathomable that this is the position at ITT Tech, and at countless other vada’s congressional delegation and my

VerDate Sep 11 2014 01:55 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.018 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5433 California colleagues Senators FEIN- fact, I secured a variety of provisions There is no election-year exception STEIN and BOXER, is focused on reduc- in that bill that will facilitate the de- to Senators doing their jobs, there is ing wildlife threats, improving water velopment of new and innovative tran- no election-year exception to the quality and clarity, improving public sit, highway, and bridge projects spe- President doing his job, and there is no land management, and combating cifically in the Tahoe Basin, as well as election-year exception to the inde- invasive species. Specifically, this bill a provision aimed at improving pedes- pendent judiciary doing its job. Each invests $415 million into the Lake trian and cyclist safety. These trans- branch of our government has its duty Tahoe Basin over the next 10 years. portation solutions improve mobility under the Constitution. The Repub- These important resources will address and outdoor recreation at the lake, lican leadership has said the Senate is major issues that threaten the jewel of while reducing the impacts transpor- going to reject its duty. It will damage the Sierra’s economic and ecological tation has on water quality and clar- the function of our Supreme Court. health. That includes: helping prevent ity. That needs to stop. and manage the introduction of the Again, this week I stand with Chair- Since public confirmation hearings quagga mussel and other harmful man INHOFE to advance yet another im- began in the Judiciary Committee for invasive species; prioritizing the im- portant infrastructure bill—the Water Supreme Court nominees a century portant fuel reduction projects that Resources Development Act. This bill ago, the Senate has never denied a prevent catastrophic wildfire; and it will strengthen our Nation’s infra- nominee a hearing and a vote. The late advances storm water management and structure and mitigates flood risks, im- Justice Scalia received a hearing 42 initiatives for transportation solutions proves the route for movement of days after his nomination. Justice Ken- that reduce congestion, minimize im- goods, and invests in aging infrastruc- nedy, who was the last Justice con- pact to the lake, and improve outdoor ture for drinking water and waste- firmed in a Presidential election year, recreational activities. water. received a hearing in the Judiciary Collaborative efforts between Nevada Initiatives such as these are impor- Committee, which was under the con- and California, like the Lake Tahoe tant to maintaining public health, im- trol of Democrats, just 14 days after Restoration Act, are prime examples of proving water security, and keeping President Reagan nominated him in a our Nation competitive in the global what can be accomplished when we set Presidential election year. The Demo- market. I urge my colleagues to help our minds toward a common goal. Here crats held a hearing in 14 days for this preserve Lake Tahoe and other cher- in the 114th Congress, the first where I Republican nominee. ished places across our Nation so fu- have been the lead sponsor, we are clos- Contrast that to Chief Judge Gar- ture generations can enjoy these nat- er to enactment than ever before. The land’s nomination that has been pend- ural sceneries for generations to come. bill has advanced through committee ing for 176 days. It is a totally unprece- Let’s add another major infrastructure in both the House and Senate for the dented situation, and certainly that win for the 114th Congress—support for first time in the same Congress. When unprecedented delay has provided the Heller-Heinrich amendment, the it passed the Environment and Public enough time for Senators and their Lake Tahoe Restoration Act, and the staff to become familiar with his Works Committee, it garnered unani- Water Resources Development Act of record in preparation for a hearing on mous support among committee mem- 2016. bers for the first time. My hope is, Mr. President, I yield the floor. debate. when we finish consideration of this The PRESIDING OFFICER. The Sen- The press may be focused on what bill, the Lake Tahoe Restoration Act ator from Vermont. might happen in a lameduck session, but this Vermonter is focused on his will have passed the full Senate for the NOMINATION OF MERRICK GARLAND job now. The time for the Senate to act first time in its legislative history. Mr. LEAHY. Mr. President, next on the Supreme Court nomination is Before I conclude, I thank the chair- month, on the first Monday in October, man for his leadership on infrastruc- the Supreme Court will begin its new now. We should have a hearing next ture and for teaming up with our dele- term. The question we have before us week. The Judiciary Committee can gations to preserve this lake. I am ap- as Senators is whether there should be debate and consider the nomination preciative that the Environment and an empty seat on the dais when the Su- the following week, and then the full Public Works Committee moved our preme Court convenes. Senate can debate and vote on his con- bill through the process, both as a On the first Monday in October, we firmation by the end of September. We standalone bill and part of the water have always been accustomed to seeing have taken far less time in the past to resources bill in the past year. all nine Justices there. For 7 months, confirm Supreme Court Justices, as the Like you, I know one of the core con- the Court has been missing a Justice, Senate has realized the urgency of hav- stitutional functions the Federal Gov- and because of that vacancy, it has ing a Court at full strength. ernment is creating is the infrastruc- been repeatedly unable to serve as the Chief Judge Garland is ideally suited ture necessary to conduct commerce, final arbiter of the law. There have to serve on the Supreme Court on day trade, and allow for general transpor- been eight Justices. There has been a one. He is currently the chief judge on tation. Infrastructure development is vacancy most of this year. the DC Circuit, which is also known as one of my top priorities in Congress The President fulfilled his constitu- the second highest court. He has been a and has been a top priority of this tional duty in nominating somebody. Federal judge for nearly two decades. Chamber’s majority. It is important to We have failed to do our constitutional He has more Federal judicial experi- note that we have successfully enacted duty of advice and consent. The uncer- ence than any Supreme Court nominee important policies in this Congress to tainty in the law has been harmful to in our Nation’s history. As a former improve travel and infrastructure businesses, law enforcement, and to Federal prosecutor, he has been praised across our country but particularly families and children across the coun- for his work leading the Justice De- here at Lake Tahoe. try. It is a constitutional crisis. Worst partment’s efforts on the ground in In July, the FAA Extension, Safety, of all, this constitutional crisis is Oklahoma City in the days after the and Security Act was enacted into law. wholly of the Senate Republicans’ worst act of homegrown terrorism in This important legislation imple- making, and they have the power to our country’s history. Republicans and mented important reforms that make stop this constitutional crisis. Democrats alike have recognized Chief U.S. air travel safer, more efficient, In February, the Republican leader Judge Garland as a brilliant, impartial critical to Nevada’s tourism like Lake claimed, because it was an election judge with unwavering fidelity to the Tahoe. year, the Senate would somehow be rule of law. Republicans serving in this Last year we enacted the first long- justified in not doing its job in denying body, as well as Democrats in this term highway bill in nearly a decade— any consideration of the next Supreme body, said so when they voted for his the Fixing America’s Surface Trans- Court nominee. Based on my conversa- confirmation to the DC Circuit. portation Act. It is better known as the tions with Vermonters across the polit- Republicans should let this Chamber FAST Act. This bill is already advanc- ical spectrum and in every poll taken finally get to work on Chief Judge Gar- ing a variety of important transpor- on this issue, the American people re- land’s nomination. Bring the Supreme tation projects across our country. In ject this partisan justification. Court back to full strength in time for

VerDate Sep 11 2014 01:55 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.020 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5434 CONGRESSIONAL RECORD — SENATE September 8, 2016 the first oral argument of October. Of Secondly, we have recently been re- One port that I pointed out yesterday all the challenges facing our country, minded several times of the need for was Charleston, SC. They have a 45- ensuring that our Supreme Court can Corps projects. We saw the algae wash foot channel. With this bill, they will serve as high as its constitutional func- up on the beaches in Florida this sum- now be able to get to the 50- to 51-foot tion should not be one of them. This is mer. The project that will fix Lake channel range that is necessary for this a promise that Senate Republicans are Okeechobee and prevent this problem ship to be able to come in. The alter- making, but it is one they could easily in the future is in WRDA 2016. native to that is going somewhere in solve this month. I generally don’t like everglades the Caribbean so they can break down Let’s do our job. We took an oath to projects. In fact, I can remember—it these loads and put them on smaller uphold the Constitution. Let’s show wasn’t that many years ago—when I ships. That increases the costs dra- that when we raised our hand to swear was the only one voting against the matically, and we are not going to to uphold the Constitution, we really Everglades Restoration Act. However, allow that to happen. meant it. The President fulfilled his let’s keep in mind that at that time The investments in drinking water oath; it is time for us to do our job and there was not a chief report on it, and and other investments are important, fulfill ours. now that there is, we have something but let’s not forget the fact that there I see my friend on the floor seeking very significant that does affect that. are ports we can’t use right now be- recognition. This chart shows the algae blooms in cause they can’t accommodate the big I yield the floor. St. Lucie, FL. This is a picture of the ships. The investments in drinking The PRESIDING OFFICER (Mrs. algae blooms, which were caused by de- water and wastewater infrastructure FISCHER). The Senator from Oklahoma. teriorating water conditions. Not only will benefit both public health and our Mr. INHOFE. Madam President, we are these blooms environmentally haz- economy. Earlier I mentioned that this have a couple of votes coming up that ardous, but they are also economically is really significant for my State of are very significant, and the occupier debilitating to the communities living Oklahoma. We have States that are not of the chair is fully aware of it, having along south Florida’s working coast- wealthy States and are primarily rural served on the committee that has line. Communities along the coast de- areas, and the unfunded mandates that worked on this legislation. pend on clean, fresh waterflows to draw come in are just unbearable. I say this I have to say one thing about the in tourism. As these blooms spread from experience. I used to be mayor of stuff we crank out of our Environment along the coast, economic development a major city, Tulsa, OK, for a number and Public Works Committee, and that is negatively impacted. If we don’t au- of years. At that time our biggest prob- is that it has been pretty significant. thorize the Central Everglades Plan- lem was unfunded mandates, and that We had the FAST Act, the first high- ning Project, those communities will is what we are separating from today. way reauthorization bill in 17 years, cease to exist. We can pretty much correct that with which was a major one. Then we did We also saw historic flooding in the changes we are making in our the chemical bill, which was great, and Baton Rouge, LA. There are two ongo- WRDA bill. now we are going to do the WRDA bill. ing Corps projects that could have pre- A recent study by the Water Environ- One of the things that is interesting vented much of the damage that we ment Federation shows, just as this about it is the number of ports we are saw last month. WRDA 2016 directs the chart shows, that for every million dol- talking about. I often prided Tulsa as Corps to expedite the completion of lars of Federal spending on drinking being the most inland port; however, it these projects. water and clean water infrastructure, This chart shows the Baton Rouge, could conceivably be that Omaha may we get $2.95 million in economic output LA, flooding. We can no longer use the for the U.S. economy. Due to the ripple be giving us competition. Nonetheless, ‘‘fix as it fails approach’’ as America’s effect through the economy, these in- it gives you an idea of the significance flood protection. It is not about eco- vestments will result in new Federal of this legislation. tax revenues nearly equal to infra- Yesterday I talked about what would nomic losses that communities face after a devastating flood; it is about structure investments. That is why we happen if this legislation doesn’t be- loss of human lives. We are talking need to pass the WRDA bill now, and come a law this year. If that happens, about human lives, and not acting is we have it in front of us today. It is a 29 navigation, flood control, and envi- just not an option. bill that will help protect America’s ronmental restoration projects will not Last year there were several colli- working people and has major eco- happen. There will be no new Corps re- sions in the Houston Ship Channel be- nomic benefits. forms to let sponsors improve infra- cause of the design deficiency. The The main reason I wanted to come to structure at their own expense. There channel is too narrow, and the Coast the floor—this is the second time that will be no FEMA assistance to States Guard has declared it to be a pre- we have made this. It is not a mandate. to rehabilitate unsafe dams. There will cautionary zone. This chart shows the It is just that the managers of this be no reforms to help communities ad- Houston Ship Channel collision that bill—that is Senator BOXER from Cali- dress clean and safe drinking water in- happened in 2015. Without this bill, the fornia, the leadership, and I—all agree frastructures, which is a serious prob- navigation safety project to correct that in order to finally get people to lem in my State of Oklahoma. There this issue will not move forward. bring their amendments to the floor, will be no deal on the coal ash, which The Corps of Engineers projects that we need to have a deadline, which will has plagued the coal utilities for years these projects help generate $109 billion be noon tomorrow. We ask that you get with lawsuits. Finally, we have a very in annual economic development and your amendments down here this after- difficult issue that we have dealt with generate $32 billion in revenue for the noon. We are talking about amend- to most people’s satisfaction, and so we U.S. Treasury. Few understand the eco- ments to the managers’ package. We want to get this done in fast order, and nomic benefits associated with WRDA. will not be able to consider those not today is a very important day in ac- As I noted yesterday, expansion of the in our package. That doesn’t mean we complishing that. Panama Canal is complete, now allow- are shutting them off because next Here are some other reasons why the ing the larger—I think they call them week we will have the opportunity to bill is so important. The bill gets us the post-Panamax boats—to pass present some, but if you want to have back to every 2 years. At one time through the canal. Look at the com- them seriously considered, they need when the first WRDA came out—and I parison of the two vessels. This is what to be in our package. This should come was there when it happened—we were they can use today, and that is what is as no surprise, as our committee had supposed to have a Water, Resources, happening now. asked for any and all amendments in and Development Act every 2 years, This chart shows the pre- and post- July, prior to the August recess, in but then we started slipping. During Panamax ships. By not passing this preparation for consideration in Sep- the last 8 years, prior to our coming bill, many of the important deepening tember. Last week, the Inhofe-Boxer back as a majority, we really didn’t ad- projects for our nations will go un- substitute to S. 2848 was circulated, dress this issue. This puts us back into funded, making it difficult for them to and our office stands ready to assist in our schedule of doing it every 2 years. accommodate new Panamax shipping any technical capacity in answering These reforms can’t wait any longer. vessels. questions.

VerDate Sep 11 2014 01:55 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.022 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5435 I have to say that Senator BOXER and about to take, so I turn it back over to 1383) (as redesignated by section I have worked very closely together. the chairman. 7202(b)(1)(A)(ii)) is amended— There are a lot of amendments that Mr. INHOFE. I think Senator (1) in the matter preceding subparagraph (A), by striking ‘‘to a municipality or an have come up and have been discussed. BOXER’s side has done a better job of intermunicipal, interstate, or State agency’’ Some have been accepted, and others getting their amendments in than our and inserting ‘‘to an eligible recipient’’; and are being considered. Some are popular side. In talking to her and the leader (2) in subparagraph (A), in the matter pre- with Democrats but not Republicans, over there, the Democratic side is down ceding clause (i), by inserting ‘‘in assistance and the reverse is also true. This is our to about seven amendments that are to a municipality or intermunicipal, inter- opportunity to do it. being considered. state, or State agency’’ before ‘‘to benefit’’. If Members are unable to make the I encourage our Republicans to do Mr. INHOFE. Madam President, I ask noon deadline tomorrow for our man- the same thing and get this thing done unanimous consent that the Senate agers’ package, we will still work to so we can make it happen. now vote on these amendment en bloc. ensure that all amendments receive I take this opportunity to thank the The PRESIDING OFFICER. Is there equal consideration as we work to clear Senator from California for the hard objection? as many amendments as possible and work we have done together. Without objection, it is so ordered. work to move amendments in regular AMENDMENT NOS. 4981 AND 4991 EN BLOC TO Mr. INHOFE. I know of no further de- order prior to the amendment-filing AMENDMENT NO. 4979 bate on these amendments. deadline for the underlying bill next Madam President, I ask unanimous The PRESIDING OFFICER. If there week. consent that the following amend- is no further debate, the question is on We have the opportunity to do this. ments be called up en bloc: Heller No. agreeing to the amendments en bloc. We are now operating on deadlines. It 4981 and Merkley No. 4991. The amendments (Nos. 4981 and 4991) has been my experience in the Senate The PRESIDING OFFICER. Is there were agreed to. that until you have a deadline where objection? The PRESIDING OFFICER. The Sen- you have to do it, people, generally Without objection, it is so ordered. ator from Arizona. speaking, find other things to do. We The clerk will report. OBAMACARE are going to hold their feet to the fire The senior assistant legislative clerk Mr. MCCAIN. Madam President, over this time. Let’s try to get this through. read as follows: the last few weeks, my home State of Let me just comment on Senator The Senator from Oklahoma [Mr. INHOFE], Arizona has been thrust into the na- BOXER. We have worked on so many for others, proposes amendments numbered tional spotlight. I wish I could say it is bills that are very meaningful to the 4981 and 4991 to amendment No. 4979. because of the success of our sports American people. I can remember when The amendments are as follows: teams or the strength of our univer- they said on our side that we were not AMENDMENT NO. 4981 sities. Instead, it is because Arizona going to have a 5-year massive highway (Purpose: To ensure the proper implementa- has become ground zero for the col- reauthorization bill. Yet I tried to ex- tion of the rural Western water program) lapse of ObamaCare, leaving most of plain to my conservative friends that At the appropriate place, insert the fol- our citizens with limited choices and that is the conservative approach be- lowing: higher costs when it comes to the cause the only alternative to that is SEC. llll. RURAL WESTERN WATER. President’s signature health care law, extensions. If you have extensions, Section 595 of the Water Resources Devel- which is a law that I fought against for that doesn’t work at all. opment Act of 1999 (Public Law 106–53; 113 weeks on end and which the then-ma- We have worked very well together Stat. 383; 128 Stat. 1316) is amended— jority on the other side of the aisle, on that legislation, and of course we (1) by redesignating subsection (h) as sub- with 60 votes and without a single Re- also were able to work on our chemical section (i); (2) by inserting after subsection (g) the fol- publican vote and without a single Re- bill and do that, and now we are going lowing: publican amendment, passed into law. to get this done next week. ‘‘(h) ELIGIBILITY.— In 2009 the President said: ‘‘[I]f I wish to yield to Senator BOXER and ‘‘(1) IN GENERAL.—Assistance under this you’ve got health insurance, you like then retake the floor for the motions section shall be made available to all eligible your doctor, you like your plan—you that will be necessary. States and locales described in subsection (b) can keep your doctor, you can keep The PRESIDING OFFICER. The Sen- consistent with program priorities deter- your plan. Nobody is talking about ator from California. mined by the Secretary in accordance with taking that away from you.’’ Mrs. BOXER. Madam President, I say criteria developed by the Secretary to estab- Let me repeat the words of the Presi- to my colleague that I will speak for 30 lish the program priorities, with priority given to projects in any applicable State dent of the United States after, on a seconds because I said a lot yesterday, that— strict party-line basis, he passed and I agree with the Senator’s analysis ‘‘(A) execute new or amended project co- ObamaCare: ‘‘[I]f you’ve got health in- of how important this bill is. I cer- operation agreements; and surance, you like your doctor, you like tainly agree that we have shown this ‘‘(B) commence promptly after the date of your plan—you can keep your doctor, body that we can overcome our dif- enactment of the Water Resources Develop- you can keep your plan. Nobody is ferences and bring important bills to ment Act of 2016. talking about taking that away from the floor. This one is critical. My ‘‘(2) RURAL PROJECTS.—The Secretary shall you.’’ friend has gone into it in great detail. consider a rural project authorized under this section and environmental infrastruc- That is a quote from the President of We are talking about clean drinking ture projects authorized under section 219 of the United States when ObamaCare water, navigation, the economy, and the Water Resources Development Act of was passed. He also said that if you how we need to move products in ports 1992 (Public Law 102–580; 106 Stat. 4835) for like your health insurance policy, you and so on. It just covers the gamut of new starts on the same basis as any other can keep your policy, period, in his issues that are so important. I think program funded from the construction ac- own inimitable style. we have done it in a way that is fis- count.’’; and Ever since the passage of ObamaCare, cally responsible. (3) in subsection (i) (as redesignated by Americans have been hit by broken I am here to again associate myself paragraph (1)), by striking ‘‘which shall—,’’ promise after broken promise and met with your remarks and also to call on and all that follows through ‘‘remain’’ and inserting ‘‘to remain’’. with higher costs, fewer choices, and my side if anybody has amendments. I poor quality of care. AMENDMENT NO. 4991 don’t think our side has any more than Let me read just a few of the most re- the few that we have already started to (Purpose: To provide loan forgiveness under cent headlines addressing the collapse Clean Water State Revolving Funds to work on. Look, we are trying to get local irrigation districts) of ObamaCare in Arizona. this done quickly and trying to accom- Madam President, I ask unanimous At the end of subtitle B of title VII, add modate everybody. I think most people the following: consent that relevant articles be print- agree that if Senator INHOFE and I can ECORD SEC. 7206. LOAN FORGIVENESS FOR LOCAL IRRI- ed in today’s R . agree on something, then it is pretty GATION DISTRICTS. There being no objection, the mate- much not controversial. I am here to Subsection (j)(1) of section 603 of the Fed- rial was ordered to be printed in the lend my aye to the voice votes we are eral Water Pollution Control Act (33 U.S.C. RECORD, as follows:

VerDate Sep 11 2014 01:55 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.023 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5436 CONGRESSIONAL RECORD — SENATE September 8, 2016 [From politico.com, Aug. 22, 2016] ‘‘The health care infrastructure often ing back on the Affordable Care Act market- THE COUNTY OBAMACARE FORGOT takes many years to catch up with the popu- place in Arizona. (By Rachana Pradhan) lation,’’ said Schryer. Only two marketplace insurers will remain Begging on behalf of Obamacare can be po- in Arizona’s largest county, Maricopa Coun- An Arizona county is poised to become an litically problematic in a red state like Ari- ty, and the exodus has left Pinal County Obamacare ghost town because no insurer zona, where Obamacare has been a promi- without a single insurer willing to offer a wants to sell exchange plans there. Aetna’s recent announcement that it nent feature of at least one reelection cam- marketplace option next year to the nearly would exit most of the states where it offers paign in the current cycle. Sen. John McCain 10,000 people now enrolled. Federal and state officials caution that Obamacare plans leaves residents of Pinal has made it a centerpiece of his bid for an- things could change between now and Nov. 1, County, Arizona, without any options to get other term. the scheduled start of the three-month en- subsidized health coverage next year, unless Such was the case in Mississippi in 2013, rollment period. They cite regulatory efforts regulators scramble to find a carrier to fill when state Insurance Commissioner Mike to woo at least one Pinal County insurance the void between now and early October. Chaney had to convince an insurer to offer About 9,700 people in Pinal signed up for plans in 36 counties that had no options provider. Arizona Department of Insurance officials Obamacare plans this year, according to ad- ahead of the first open enrollment period. do not expect to finalize the list of insurers ministration data. Chaney said federal regulators helped the The predicament of Pinal County is an ex- state because it was ‘‘very unpopular’’ for a until mid- to late September, said depart- treme example of the contraction of insurers Republican to help recruit someone to cover ment spokesman Stephen Briggs.The state in the Obamacare markets expected in 2017. the entire state. Humana eventually agreed agency, which regulates the insurance mar- The federal health care law was supposed to to sell on the exchange in those counties, ket in Arizona, can’t say for certain at this offer a range of affordable health care plans and it’s still there. point which plans will be available during through competition among private insurers. ‘‘What we’re having to do now to keep enrollment. But six insurance companies already have But that competition has dramatically de- companies in our state to cover all of the announced plans or disclosed in state filings clined in some states, as a result of pull- counties is to grant some pretty heavy rate their intention to drop out or scale back backs by national insurers and failed co-op increases,’’ Chaney said in a recent inter- marketplace coverage in 2017. Aetna, Health plans. Decline in competition means fewer view. Choice Insurance Co., Humana and choices and, often, higher prices for con- Health policy experts say that Blue Cross UnitedHealth Group will discontinue mar- sumers. Blue Shield of Arizona would be the most Nearly 1 in 5 potential Obamacare cus- likely to sell plans in Pinal if regulators can ketplace plans in Arizona. Health Net will tomers may have just one insurer selling coax it back. The company had offered plans offer plans only in Pima County next year, plans in their communities—up from just 2 in the county this year but decided to drop according to state Department of Insurance percent of customers who had one option its offerings there, as well as in neighboring filings. Blue Cross Blue Shield of Arizona, Arizo- this year, according to the McKinsey Center Maricopa County, where Phoenix is located, na’s health insurance mainstay, announced for U.S. Health System Reform. according to its 2017 rate filings. But in Pinal County, a rural community The company has said that in light of in June that steep financial losses had within the Phoenix metropolitan area, many Aetna’s exit, it is re-evaluating where it will prompted it to stop selling marketplace may lose health care coverage altogether. offer plans next year. But an agreement to plans in Maricopa and Pinal counties start- ‘‘If you have a several-hundred-dollar-a- return would likely come at a price. BCBS of ing next year. The company had offered month subsidy available and you lose that, Arizona had initially requested a rate in- plans in every county since the Affordable that’s going to be huge,’’ said Thomas crease of 65 percent on average for individual Care Act marketplace launched in 2014. Schryer, director of the Pinal County Public plans, when Maricopa and Pinal counties However, Blue Cross Blue Shield has since Health Services District. were part of its filing. When it dropped those said it is reconsidering in the wake of He predicted that many Pinal residents counties, the company revised its proposed Aetna’s exit. would be unable to afford more costly insur- increase to 51 percent. The trickle of insurers exiting—and rate- ance plans outside the Obamacare market- Aetna initially submitted an 18 percent hike requests of as much as 122 percent for place and were likely to roll the dice and go rate increase for its individual plans on the remaining insurers—is making consumers without coverage—something that will be far exchange. It later jacked up its requested nervous. Some are taking step to prepare for more risky for those with chronic health rate increase to 86 percent, before pulling what they fear could be delayed care and problems or who are in the middle of treat- out entirely. long trips to doctors’ offices and hospitals. ments. Trish Riley, executive director of the Na- ‘YOU’LL NEVER SEE A DOCTOR’ Arizona’s Obamacare marketplace had pre- tional Academy for State Health Policy, said Claburn Niven Jones, who owns a home in viously offered plans sold by national insur- regulators have discretion in setting cov- Scottsdale and a condo in the San Francisco ers like United-Health Group and Humana, erage rules but few things can be done quick- Bay area, said the insurance shakeout has as well as by a nonprofit co-op plan seeded ly. Agreeing to look at rates again would prompted him to take steps to relocate to with Obamacare loans. But the co-op col- offer an incentive to insurers to participate, California. The reason? The 63–year-old can- lapsed, and United and Humana, like Aetna, she said. cer patient doesn’t think that there will be are leaving the exchange. Other companies, ‘‘What are your options?’’ she said of state enough insurance and health-provider op- like Blue Cross Blue Shield of Arizona, are regulators. ‘‘Disenfranchised consumers are tions for Maricopa County residents next scaling back their presence. going to sue you. People aren’t going to get year. ‘‘It’s a dramatic case of a more general coverage. Those aren’t good options.’’ Diagnosed with prostate and thyroid can- thing: There are weaker markets that are In the long term, Riley said the recent cers, Jones envisions long waits for special- going to be less attractive for carriers,’’ said spate of insurance company exits should spur ists with crowded appointment calendars. Katherine Hempstead of the Robert Wood a broader conversation about strategies to He doesn’t want to take that chance. Johnson Foundation. stabilize the exchanges. Enrollment figures show that more than It isn’t entirely clear why insurers are flee- ‘‘I think this is a wake-up call,’’ she said. 126,000 Maricopa County residents selected ing this particular county, which had about But state Insurance Department spokes- marketplace health plans offered by eight in- an 18 percent poverty rate in 2014—higher man Stephen Briggs offered a different per- surance companies as of Feb. 1. Those mar- than the roughly 15 percent for the country spective, saying regulators ‘‘are not scram- ketplace customers who seek to continue as a whole but not extreme. Median house- bling’’ to find another company. He also dis- coverage will have only two options left by hold income was around $50,250, according to missed the notion that regulators might Jan. 1, 2017—Phoenix Health Plans Inc. and the Census. grant higher rate increases to an insurer if it Cigna. Yet there are higher rates of adult obesity, agreed to serve Pinal. He said the depart- ‘‘If you add them all up and throw them physical inactivity and teen births in Pinal ment is still reviewing plan rates for 2017 and into a network, you’ll never see a doctor,’’ County compared with statewide figures, ac- final rates would be released in September. said Jones, a retired certified public ac- cording to data from the Robert Wood John- ‘‘The decision to really offer a product is a countant. ‘‘It’s going to be a health care dis- son Foundation. A shortage of health pro- business decision that the company still has aster for the people of Phoenix.’’ viders is also acute, with only one primary the right to make,’’ he said. Neither Phoenix Health Plans nor Cigna care doctor for every 6,700 people. are willing to discuss proposed provider net- ‘‘The reason why it’s empty is because no- [From The Republic, Aug. 26, 2016] works until state and federal insurance regu- body wants to be there,’’ one insurance in- lators sign off on their plans for next year. ARIZONA CONSUMERS FRET AS ‘OBAMACARE’ dustry source said of Pinal County. ‘‘The Briggs said the state insurance department INSURANCE OPTIONS DWINDLE only thing a [regulator] can do is beg.’’ uses formulas to make sure there are enough Although Pinal experienced a population (By Ken Altucker) doctors, labs and hospitals to handle the pro- boom in the 2000s, it doesn’t have much of an For many who buy their own health insur- jected number of customers. economic base, so most people work and ance, next year is shaping up to be a chal- He acknowledged that the remaining insur- likely receive their health care in nearby lenging and financially painful year. ers could face heavier customer loads after Phoenix, according to Arizona State Univer- Six major health insurers that sell plans so many other insurers have dropped out or sity professor Tom Rex. directly to consumers are bowing out or scal- scaled back.

VerDate Sep 11 2014 03:04 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.002 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5437 ‘‘They do have to demonstrate their ability Phoenix Health Plans will seek to raise For the insurers, it’s a business decision: to—or lack thereof—to handle the (cus- rates on marketplace plans by an average of They are losing money on the policies they tomers) in their network,’’ Briggs said. 122 percent, while Cigna has requested a 19 have offered in previous rounds of the Afford- Jones has an insurance plan through a unit percent increase. Blue Cross Blue Shield, ex- able Care Act, better known as Obamacare. of UnitedHealth Group that will expire Dec. pected to be the only marketplace option in Jeff Stelnik, senior vice president of Blue 31. UnitedHealth won’t offer an individual most rural Arizona counties, is seeking an Cross Blue Shield of Arizona, said the com- plan next year in Maricopa County. average rate increase of 51 percent. pany lost $185 million on ACA plans in two Jones said he began investigating other The Department of Insurance is reviewing years and expects to continue to see losses. marketplace options even though he does not the proposed rate increases. However, it does ‘‘Our focus will be on our customers and qualify for subsidized ACA coverage. not have the authority under state law to re- finding the best way for them,’’ Stelnik said. He believes both Cigna and Phoenix Health ject a rate increase. The state’s review can Health Choice opted out of the Arizona Plans will be inundated with marketplace only determine whether an insurer’s rate marketplace for similar reasons, said Laura customers, and he said he can’t wait until change is reasonable or unreasonable. Waugh, the director of marketing and com- Nov. 1 to find detailed information on the in- In the past, insurers have agreed to modify munications there. surers’ networks of doctors and hospitals. rate requests that state regulators deter- ‘‘The business and regulatory uncertain- He will undergo proton radiation treat- mined were unreasonable. There’s no guar- ties that exist at this time with respect to ment this fall for his prostate cancer. He antee that insurers will do that this year, the federal health insurance marketplace also needs regular appointments with an particularly with a majority of Arizona significantly impacted our decision to dis- endocrinologist to monitor his thyroid can- counties expected to have only one market- continue our marketplace product offer- cer, which requires periodic scans following place insurer. ings,’’ Waugh said in an emailed statement. an earlier surgery. ‘‘Even if we go back to a provider to say, The shifting marketplace was not unex- Jones said he is preparing to establish full- ‘You haven’t demonstrated or justified the pected, as it is still a relatively new market, time residency in California, where he owns increase,’ they can say, ‘Well, we appreciate said Allen Gjersvig, director of navigator and a condominium in San Mateo. that. This is what we think we have to enrollment services at the Arizona Alliance We moved to Arizona for a quality of life charge in order to not go bankrupt,’’’ Briggs for Community Health Centers. But he said and (lower) expense,’’ said Niven. ‘‘I can’t get said. he also expects ‘‘as we go forward for some insurance, so I will have to leave.’’ While the HHS report emphasized the af- companies to expand coverage.’’ In the meantime, people looking for cov- Other Arizonans, too, are worried that fordability of plans for those who qualify for erage in the next round of Obamacare, which Maricopa County’s narrowing options could health subsidies, it did not did not address runs from Nov. 1 to Jan. 31, should still have pose challenges. the narrowing of health-care options in Ari- plenty of plans to choose from, analysts said. North Scottsdale resident Jane Vesely, 62, zona and other states. ‘‘In the key population areas of Arizona has a Blue Cross Blue Shield plan that will Ben Wakana, HHS’ deputy assistant sec- there is still going to be significant competi- expire at the end of this year. She wants a retary for public affairs, said it’s important tion so that people can choose among a vari- marketplace plan, but she worries that nei- to look at how the federal health law has ety of plans, and that’s going to be very ther Cigna nor Phoenix Health Plans will transformed the insurance market. helpful to them,’’ said Ron Pollack, execu- provide an in-network hospital near her ‘‘Four years ago, companies in the indi- tive director of Families USA. house. vidual market relied on a business model of But they should brace for higher costs. Cigna’s current marketplace plans this largely denying coverage to people with pre- ‘‘What we are seeing so far is that pre- year use its Connect network, which includes existing conditions,’’ Wakana said. miums are going up much higher in 2017 than Banner Health hospitals and some specialty He noted that the federal health-care law they had in the past couple of years,’’ said hospitals. The network does not include now forbids marketplace insurers from deny- Cynthia Cox, associate director of health re- HonorHealth’s Scottsdale hospitals closest ing coverage to the sick, and most people form and private insurance at Kaiser Family to Vesely’s home. can buy coverage at subsidized rates, he said. Foundation. The other marketplace plan, Phoenix ‘‘It has helped to get this country to the Cato’s Cannon said there are several rea- Health Plans, is owned by the for-profit hos- lowest uninsured rate on record,’’ he said. sons why premium prices are rising. pital chain Tenet Healthcare, It also does ‘‘It requires people to buy more coverage not contract with Scottsdale-based [From Cronkite News, Aug. 10, 2016] than they did otherwise and it prevents in- HonorHealth. OBAMACARE CONSUMERS FACE HIGHER COSTS surance companies from saying no to people It’s unclear if the Department of Insurance IN FALL who have pre-existing conditions,’’ Cannon will ask the two plans to expand their exist- (By Keshia Butts) said of Obamacare. ‘‘And then it encourages ing networks. those with expensive illnesses to sign up for WASHINGTON.—When it comes to Vesely long had access to hospitals, doc- the most comprehensive plans.’’ tors and specialists near her home through Obamacare in Arizona, not much is certain, But Pollack said that while premium her husband’s employer-provided health but this much is: Coverage will still be avail- prices will increase, so will the federal sub- plan. Her husband retired in 2014 and is on able, but it will cost more. sidies many consumers get to help them pay Five insurance companies that had offered Medicare. She has to wait more than two for their coverage. coverage in the Affordable Care Act market- years before she’s eligible for the federal ‘‘Even if somebody’s premiums are some- place have told state regulators that they health program for those 65 and older. what higher than they were before, their ‘‘The exchange was healthy (in 2014) and we will opt out or scale back coverage when the subsidies will be somewhat higher than they made the decision that I don’t really have to next open season for Affordable Care Act were before and the ultimate thing that a go back to work,’’ said Vesely. Now she may coverage begins Nov. 1. consumer cares about is how much do I have There will still be coverage, but with fewer need to get a job that offers health insurance to pay out of pocket,’’ Pollack said. providers experts say costs will likely go up due to the fraying marketplace. ‘‘much higher in 2017 than they had in the Mr. MCCAIN. Phoenix Business Jour- ‘‘I have a feeling there are a lot of people past couple of years.’’ nal, September 2, 2016: ‘‘Phoenix like me who may be in a similar position,’’ A national estimate by the Kaiser Family Health Plan dumps Obamacare Ex- she said. Foundation predicts that premiums for one change, leaves Cigna as sole carrier in FEDS SAY MARKETPLACE PLANS REMAIN of the lower-costs plans could rise as much Maricopa County.’’ AFFORDABLE FOR MOST as 9 percent next year, compared to 2 percent The Arizona Republic, August 17, The U.S. Department of Health and Human this year. In Arizona, those higher premiums 2016: ‘‘Pinal County left with no ACA Services released a report Wednesday high- could hit more than 100,000 people. options as Aetna exits Arizona.’’ lighting the affordability of marketplace ‘‘The general trend is, as premiums are plans for most people. Even if insurers raised going up they are going up faster then cer- Politico, August 22, 2016: ‘‘The coun- rates by an average of 50 percent, 72 percent tainly consumers would like and even sup- ty Obama forgot.’’ of Arizonans could buy health coverage next porters of the law expected or hoped,’’ said USA TODAY, August 30, 2016: year for $100 or less each month, after tax Michael Cannon, the director of health pol- ‘‘Health Care Choices Choked Fur- credit subsidies are calculated, the report icy studies at the Cato Institute. ther.’’ said. Insurance companies had until Tuesday to Havasu News, August 10, 2016: Tax credits are an Affordable Care Act tool let state regulators, and their customers, ‘‘Obamacare consumers face higher used to offset the cost of monthly premiums know whether they will still be offering cov- costs in fall.’’ for individuals who earn between 138 percent erage at all or scaling back plans when the TIME, August 25, 2016: ‘‘Aetna Has to 400 percent of the federal poverty level. next open enrollment period under the Af- Revealed Obamacare’s Many Broken More than 124,000 Arizonans who were en- fordable Care Act begins on Nov. 1. rolled in a plan as of March 31 had received As of last week, five companies in Arizona Promises.’’ a tax credit. But another 55,000-plus resi- had announced plans to pull out or pull back: The Arizona Republic, August 26, dents paid the full amount for marketplace Health Choice, United Healthcare, Humana, 2016: ‘‘Arizona consumers fret as plans, and they could face significant rate Blue Cross Blue Shield of Arizona and Health ‘Obamacare’ insurance options dwin- hikes next year. Net. dle.’’

VerDate Sep 11 2014 02:30 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.003 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5438 CONGRESSIONAL RECORD — SENATE September 8, 2016 The Arizona Republic, June 14, 2016: That is why Cynthia Cox, associate The PRESIDING OFFICER. Without ‘‘Insurers seek rate hikes for ACA director of health reform and private objection, it is so ordered. plans.’’ insurance at the Kaiser Family Foun- Mr. MCCAIN. I see my friend Dr. BAR- Come November 1, this will be the re- dation, recently stated: RASSO. I would ask Dr. BARRASSO, what ality for hundreds of thousands of In most other parts of the country, large happens to average citizens when, as is hard-working Arizonans currently en- cities like Phoenix have multiple insurers the case in my State, all but one coun- rolled in ObamaCare. Already, participating in them. Arizona is by far the ty only have one option, one health UnitedHealth, Humana, Health Choice most affected state when it comes to these exits. care provider? What happens then? Insurance Co., Aetna, and now Phoenix Mr. BARRASSO. Well, it is so inter- Health Plan have all announced they For a law that President Obama said would bring ‘‘[more] choice, more com- esting that the Senator would bring are exiting Arizona’s marketplace. this up because the entire State of Wy- Up until late last night, Arizona had petition [and] real health care secu- oming has found itself in exactly the the dubious distinction of being home rity,’’ ObamaCare has delivered noth- to the only county in America without ing more than empty promises. same situation where there is only one a single health insurance provider of- Today, thousands of my fellow citi- choice. Remember, the President prom- fering plans in 2017. While I am pleased zens are asking ‘‘What happens if the ised a marketplace. What the Amer- that Blue Cross Blue Shield of Arizona only plan being offered in my county ican people have gotten is a monopoly. decided to step in to save Pinal County doesn’t cover my current doctor or the In one-third of all the counties in the from having no choices in the Federal coverage is insufficient for my family’s country, they are down to a single— marketplace, there is no reason to be- needs?’’ or ‘‘Should I purchase health and it is not really a choice; it is a lieve this is an economically viable or insurance at all, given all the upheaval take-it-or-leave-it situation. I call all sustainable end result. The fact re- in the market?’’ of these places falling into what is mains that this is a far cry from what Well, when crafting this law, Presi- called the ‘‘ObamaCare wasteland.’’ It President Obama promised before and dent Obama and congressional Demo- is unfortunate to see it happening in after signing his signature health care crats thought it would be a good idea county after county. reform bill into law. to penalize those people who don’t en- I know you have been talking about The mass exodus of health insurers roll by forcing them to pay a fine—to the headlines: 31 percent, one in three from the ObamaCare marketplace pay a fine if they didn’t enroll. Put counties, one choice. That is not what should come as no surprise to anyone. simply, if you don’t enroll, you pay a the President promised. One broken Over the last few years, these providers fine. If there is a monopoly in a given promise after another. have reported massive financial losses county with no competition, you are I don’t know if you saw the most re- as a result of their participation in the penalized. cent polling today out from Gallup. It Federal exchanges. UnitedHealth, for Being forced to choose between a said a couple of things: The number of much more expensive plan and paying example, recently projected to lose people who disapprove of the health a fine is unconscionable. In other well over $1 billion as a result of the care has gone up and the number who words, they have two choices: not ac- poorly constructed ObamaCare mar- approve has dropped. The headlines are cepting the one plan or paying a fine. ketplace. For the insurers who con- telling the true story about how bad That is unconscionable. That is why tinue to participate in the exchanges, this is. People are finally seeing the yesterday I joined Senators COTTON, their only option is to raise premium truth, in spite of all the things the SASSE, FLAKE, JOHNSON, and BARRASSO rates astronomically high in order to in introducing legislation that would Obama administration and the Demo- cover their losses. In fact, one of the protect individuals living in a county crats who passed these things have insurers in Arizona, in Maricopa Coun- with no competition in the Federal been saying for a number of years. ty, said they are going to ask for a 65- marketplace from having to pay a pen- Mr. MCCAIN. If I could ask another percent rate increase. Copays are going alty. These Americans should not be question, and that is, we see—and it is up into the thousands of dollars. forced to bear the burdens of a health well publicized—the increases in pre- What is clear is that ObamaCare is care system that was fatally flawed miums. For example, in Maricopa crumbling and Arizonans are being left from conception. County, the health care provider re- to pick up the pieces. The collapse of ObamaCare in Ari- maining is asking for 65 percent in- Let me direct the attention of my zona and across the country confirms creases in premiums, but what about colleagues to this map. As we can see, what Republicans have warned about the copays? In other words, isn’t it as it stands today, 14 of Arizona’s 15 all along: Government-mandated hard for Americans to understand why counties will have a single—that is health care is unsustainable. Now that they would literally pay thousands of one—a single health insurer to shop for the law is unraveling, it is no surprise dollars before they would be eligible to coverage when open enrollment begins that Democrats are clamoring for a so- receive the care? on November 1. That includes Maricopa called ‘‘public option’’ that is nothing County, Arizona’s most populous coun- Mr. BARRASSO. Well, that is it. The more than government-run health care. deductibles and the copays are one of ty, impacting more than 120,000 of my If anything is clear about this failed fellow citizens. This is down from the the reasons that people are saying they law, it is that more government inter- are disapproving of the health care law. eight health insurance options Mari- vention is the wrong solution to fixing copa County residents had in 2016. Let The premiums have continued to go up, our health care system. but on top of that, even if you get a me repeat that. In 2016, they had eight This failed law will only continue to health insurers to choose from. Guess subsidy that President Obama says is place undue burdens on Arizona fami- helpful, it doesn’t touch it that first what they are going to have in 2017. lies unless we repeal and replace One, along with every other county in time or the second or the 5,000th be- ObamaCare with real reform that en- cause people, before they actually get Arizona, with one exception that will courages competition and empowers to use the so-called insurance, have to have two. As we can see, none have patients to make their own health care come up with, for families, sometimes three. Up until yesterday, Pinal Coun- decisions. ty was in the red. Worse still, of those I will continue to push for this bill up to $10,000 out of their own pocket before that. So the insurance is not 14 counties, 13 Arizona counties will with Senator PERDUE that would do see their premiums increase on average just that—replace ObamaCare with really useful. by 51 percent. Thirteen of these coun- commonsense solutions that empower It is interesting when we listen to ties will see their premiums increase patients and doctors, not the govern- the President say they have coverage— on average by 51 percent. For some ment, to take back control of their but not if they can’t get care. It is use- families, this could mean thousands of health care. Until then, hard-working less coverage. It is empty coverage. It dollars per month out of their pay- Americans will continue to bear the is not what people want, which is af- checks. I doubt that their standard of consequences of a failed ObamaCare. fordable care. living and their pay has increased suffi- Madam President, I ask unanimous Mr. MCCAIN. So if you are an aver- ciently to cover a 51-percent increase consent to engage in a colloquy with age citizen and you see your deductible in their premiums. the Senator from Wyoming. at a couple thousand dollars, it seems

VerDate Sep 11 2014 02:30 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.026 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5439 to me that your only other option real- pocket for prescription drugs as people leader, HARRY REID, but because it has ly is to go to the emergency room, the who got insurance through work be- become such a disaster, the Democrats most expensive form of health care. cause at work the copays are lower, the have lost the majority and are now in Mr. BARRASSO. That is very often deductibles are lower, and there is cov- the minority because so many people the case, and we are seeing more and erage for medications which are expen- are bothered by the way the President more of that across the country. Emer- sive because of medical breakthroughs. and the believers in his process have gency room doctors are saying they are The life expectancy of human beings said: It is all right. We have the votes. swamped. continues to go up because of the ad- We are going to do it. We are not going The President says that when they vances in medicine and technology. All to listen to Republicans. We are not get ObamaCare, they will find family of these advances have been very help- going to listen to doctors who have doctors. That is not what is happening. ful for us as citizens of this country practiced medicine their whole lives. What is happening is the emergency and as people living on this planet, but We know what is better for the Amer- rooms are being more and more in- the costs are there, and with ican people. That is exactly what we cluded and involved, and that is where ObamaCare we are finding that those have happening. That is why so many patients are turning today, which is people who have to get prescriptions people are saying: It is not a good deal why the Gallup poll today says 29 per- filled through ObamaCare are paying for me. I don’t want any part of it. Now cent of Americans say they have per- over twice as much as what people are we see this Gallup poll where 49 per- sonally been hurt by the health care paying who get insurance through cent of Americans believe this health law, and this may also be true in Ari- work, which is why we need to get care law has hurt them personally. zona, or worse. So to help people who away from ObamaCare and repeal it Today we are seeing that a greater didn’t have insurance, the President and replace it with patient-centered number of Americans believe this law and the Democrats and those who care, which we are not getting under is going to hurt health care for them voted for this bill should never have the ObamaCare law. and their families into the future. So had to hurt so many Americans, and Mr. MCCAIN. It seems to me that as that is not a good projection about today about one in three Americans we debated for weeks on the floor of what we need as Americans in a time says they have been personally hurt by the Senate, the fundamental premise of when we have more people who are liv- this law. Those are the numbers that ObamaCare was to take money from ing longer and older and want to lead are out today. healthy young Americans in order to healthier lives. Mr. MCCAIN. So at the next townhall pay for the health care needs of older, Mr. MCCAIN. I would like to say to meeting you or I have, somebody is not so well Americans. We are seeing a Dr. BARRASSO that I have appreciated going to stand up and say: OK, lot of young Americans who are saying: your leadership on this issue, and your ObamaCare has failed, Senator BAR- I would rather pay the fine. I would knowledge and background, frankly, RASSO, or Senator MCCAIN. What is the rather pay the fine. So the estimates of ever since ObamaCare was passed. The answer? those who would be enrolled is roughly Senator has been very helpful to people Mr. BARRASSO. Senator GRAHAM half of what the Congressional Budget such as I as we have gone through this from South Carolina and I introduced a Office predicted would be enrolled. Ob- odyssey, where the President had said bill called the Health Care Choice Act viously, this has a huge effect on the there would be more choice, more com- to let the States have much more of a whole ability of health care, petition, and real health care security. say in this. The State Health Care ObamaCare, to care for these people. He also said, by the way—I think you Choice Act provides freedom, flexi- Mr. BARRASSO. That was the front might recall it, in his own inimitable bility, choice. So much of the reason page story in the Washington Post on style, saying: If you like your health prices have gone up so high is, the Sunday, August 28, ‘‘Health Exchange care plan, you can keep your health President has decided what kind of in- Sign-Ups Fall Short.’’ care plan, period. Remember the ‘‘pe- surance people need to buy instead of The Congressional Budget Office ex- riod’’ he added to the comment? letting the people themselves decide pected 24 million people to sign up, and So I thank the Senator, and I want to what they need, what is best for them less than 11 million have signed up. So assure the citizens of Arizona that I and their families. I have gotten let- less than half of the people they pre- will do everything in my power to re- ters, and I know you have as well, dicted would sign up have done so, and peal and replace ObamaCare, which is causing so much harm to the people of where families had insurance that the reason is, so many people looked at my State. It is unconscionable, unnec- worked for them, but it wasn’t good it and didn’t sign up. Why don’t people essary, and I would have it as one of enough for President Obama because he sign up? Because they believe it is a my highest priorities. feels he knows better than the people bad deal for them personally. They I thank Dr. BARRASSO and I yield the know about themselves and their fami- looked at the high copays, the high floor. lies. deductibles, as the Senator from Ari- The PRESIDING OFFICER. The Sen- We want to provide the freedom and zona made reference to, and the high ator from Florida. the flexibility of choice to let States premiums. They decided it was cheaper Mr. RUBIO. Madam President, I ask decide whether they want to comply to pay a fine than to buy the insurance. unanimous consent that I be permitted with the mandates of ObamaCare. They find they cannot use it anyway to speak as in morning business. States have much more involvement because the deductibles and copays are The PRESIDING OFFICER. Without than Washington’s one-size-fits-all that so high. objection, it is so ordered. I know sure doesn’t work for Wyoming Mr. MCCAIN. If you are a young per- (The remarks of Mr. RUBIO pertaining and I suspect doesn’t work in Arizona son and you have paid the fine and to the introduction of S. 3301 are print- either. then you get in an automobile accident ed in today’s RECORD under ‘‘State- Mr. MCCAIN. In a townhall meeting, on the way to the hospital, wouldn’t ments on Introduced Bills and Joint someone will stand up in Cody or Tuc- you want to sign up for ObamaCare? Resolutions.’’) son and say: Senator MCCAIN, the cost Mr. BARRASSO. Interestingly The PRESIDING OFFICER. The Sen- of my prescription drugs has gone up enough, President Obama has made it ator from Ohio. 100 percent, 200 percent or whatever. pretty easy to do that. What we found SENIOR TAX HIKE PREVENTION ACT How do we answer people who literally in watching some of these testimonies Mr. PORTMAN. Madam President, I can no longer afford, in some cases, from around the country, in one State, rise to talk about a tax increase in the lifesaving prescription drugs? you had over 250 people who signed up, President’s Affordable Care Act. I want Mr. BARRASSO. ObamaCare has ac- got treatment, over $100,000 worth of to start, though, by commending my tually made that worse because if you treatment, and then dropped the insur- colleague from Florida for his remarks take a look at the numbers in the ance. They are gaming the system left regarding the Zika virus and the im- deductibles and copays, people who get and right because that is the way pact it is having, not just on his State insurance through ObamaCare have President Obama has it set up. but on so many others in our country. found out in the last several years that Look, it was written behind closed I thank him for his diligence in trying they have paid twice as much out of doors in the office of the then-majority to get to a solution.

VerDate Sep 11 2014 03:49 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.027 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5440 CONGRESSIONAL RECORD — SENATE September 8, 2016 We are so close. We did pass some- Wages are flat, expenses up. There is a back home who are directly affected by thing in the Senate. The House passed survey that was done by the Federal this. One would be Susan Culbertson. something a little different. It is time Reserve recently that said about half She is from Zanesville, OH. I was with for us to figure out how to resolve of all Americans say they have to bor- her in Columbus last week. these relatively small differences and row money or sell something to cover a Susan said she started working when provide the help that is needed. This is $400 emergency expense—$400. she was 14 years old. She contributed an emergency. It is a medical emer- If you have ever had a health emer- to Social Security. She thought she gency. I was on the floor yesterday gency, you know that can catch you by had a decent plan for health care with speaking about another emergency, surprise. It can happen to anyone. Medicare and being able to take this which is the opioid issue and the heroin Trust me, it usually costs more than deduction. Now, as a senior citizen, she and prescription drug addiction and $400. Seniors are especially vulnerable has a chronic illness. She is losing now fentanyl addiction issue that is to these expenses, particularly seniors sleep over how she is going to pay for facing Ohio and so many other States who are on fixed incomes. One econo- all of her medical bills if this threshold in this country. So these are both mist testified to the Senate Finance goes up to 10 percent. issues that I hope Congress will act on Committee at a hearing we had that, in Her husband Michael McVicker as part of the process of being sure the part, because of those unexpected worked as a substance abuse counselor government is funded at the year’s end. health care cost increases, more than in a school. He is now living off of So- Again, I commend my colleague from 85 percent of Americans are at risk of cial Security and, boy, that is hard to Florida, Senator RUBIO, for his good having insufficient income in retire- do, as seniors will tell you. When he work on this. ment—more than 85 percent. had a heart attack a few years ago, the Again, Madam President, what I We think this middle-class squeeze is medical expense deduction helped him want to talk about is a tax increase going to get worse, not better, in Ohio and his wife Susan be able to stay that is actually in the Affordable Care because so many companies are pulling afloat financially. The difference be- Act. This is a tax increase that many out of the health care exchanges. So, in tween the 7.5 percent and the 10 per- people don’t know about, but sadly it Ohio, 6 of the 17 companies that offer cent may not seem like much to some goes into effect at year’s end, and it is health care on the Ohio exchanges have people, but it matters a lot to Susan, going to affect a lot of middle-income now decided to pull out because they to her husband Michael, and to many seniors in Ohio and around the coun- are losing money. Aetna is the most re- other seniors in Ohio. try. There are millions of seniors who cent one. This means, of course, less I met with Lanny Hawkins. He is are potentially vulnerable to this tax choice. When you have less choice, from Ontario, OH. He volunteers to increase. Some of them don’t even what happens? Less competition. Less help seniors do their taxes. God bless know about it. competition, what happens? You tend him. That is a hard job because the Tax By the way, it comes at a time when to have higher costs and lower quality. Code has gotten so doggone com- middle-class families all around this So this is going to make things even plicated that people need help from country are feeling squeezed. It is worse. The Congressional Budget Of- these advisers. He tries to help them those very middle-class families who fice, the nonpartisan group in Con- walk through the Tax Code. He told me are going to be hit hardest by this tax gress, and the Joint Committee on that in his experience, the medical ex- increase. Let’s face it. Wages are flat, Taxation projects that health insur- pense deduction is especially helpful to even declining, on average, when you ance premiums over the next decade seniors who have just lost their spouse. take inflation into account; whereas, will continue to grow at about 5 per- He says then only one income is there, the cost of living has gone up, hasn’t cent per year, on average. So that and often they still have to pay their it. There are a number of factors to steady increase is just impossible for spouse’s medical bills after they are de- that. Electricity costs have gone up in people to be able to afford. ceased. my home State of Ohio by about 25 per- For seniors, the Medicare trustees So in his practice, he has found peo- cent in the last several years, for in- project Medicare’s monthly Part B pre- ple who fall between that 7.5 and that stance. mium and deductible will increase even 10 percent number who are in that situ- But with regard to health care costs, faster than that, by about 5.5 percent ation. there is no question that everybody is per year. Again, for a lot of people in By the way, I was supposed to meet experiencing an increase—families, that situation, they are on a fixed in- with somebody named Regina George— small businesses, seniors. The Presi- come. Their income is not going up 5.5 Regina is from Hamilton, OH—to talk dent’s health care law, the Affordable percent per year. One way seniors have about this very tax increase. I was Care Act, of course, was advertised as found relief from the squeeze, of looking forward to it, but she couldn’t helping on that. The notion was, as was course, is take advantage of what is make it. Do you know why she couldn’t explained at the time, that there would called the medical expense tax deduc- make it? Because of the very health be about a $2,500-per-family decrease in tion. It is very simple. It says that if care problems we are talking about the cost of health care premiums. That your medical expenses exceed 7.5 per- here. Regina just had triple bypass sur- has not happened. cent of your income, then you can de- gery and she has a broken hip. She has In fact, costs have skyrocketed to duct all of those medical expenses. some out-of-pocket expenses. She has the point that for many people it is A lot of seniors take advantage of to depend on her son who lives with their biggest cost increase and they that. Again, what a lot of seniors may her. Her out-of-pocket health costs simply cannot afford health care cov- not know is that as of the end of this each month are increasing. She is very erage. It was supposed to bend the cost year, under the Affordable Care Act, it worried it is going to exceed 7.5 percent curve and bring health care costs down, increases—that threshold increases but not exceed 10 percent, and she is but it simply hasn’t. The Ohio Depart- from 7.5 percent up to 10 percent. What going to find herself in a situation ment of Insurance just did an analysis. does that mean? It means a lot of mid- where she cannot deduct these health They say the average cost of health dle-income seniors are not going to be care expenses. care insurance premiums for the indi- able to deduct their medical expenses The Ohio AARP has done a good job vidual market in Ohio has increased because they exceed 7.5 percent, but of providing specific information on over the past 7 years by 90 percent—90 they don’t exceed 10 percent of their in- this to me and to other members of the percent—almost a doubling. come. Ohio delegation. That is really helpful When you look at the Affordable Care By the way, there are about 10 mil- because this is just not about numbers; Act exchanges themselves, it was just lion Americans who use this deduction this is about people. When you talk to reported that we are expecting a 12-per- every year. Most of them are seniors. A these people and see what they are cent, on average, increase—12-percent, lot of them make less than the na- going through, I think it is something on average, increase—for people in the tional average household income. In Republicans and Democrats alike exchanges. Who can afford that? This is fact, most make less than that. Of should be able to come together on to a double-digit increase. The result, course, a lot are on a fixed income. I solve before we leave during this ses- again, is people are feeling the squeeze. have met with some of these people sion of Congress.

VerDate Sep 11 2014 02:30 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.029 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5441 By the way, the data from the Inter- UNANIMOUS CONSENT REQUEST—S. 2952 major policy change is going to make nal Revenue Service shows that seniors Mr. WYDEN. Mr. President, shortly I it easier for the government to hack who use this deduction end to be the will ask unanimous consent that the into the personal devices of Americans oldest, the least healthy, and, by the Senate pass S. 2952, the Stopping Mass and collect more information about way, disproportionately women. Think Hacking Act. them. They are going to do it by using about it. To have medical expenses Colleagues, the bill is just one sen- computer programs called malware. above the threshold means you either tence long. What it does is simple, but The ‘‘mal,’’ in my view, is like ‘‘malev- have to have low income, high out-of- in my view it is extraordinarily impor- olent.’’ It is going to make us less safe, pocket medical expenses, or both. tant. If the Senate does nothing, if the not more. These are not folks we should be rais- Senate fails to act, what is ahead for Allowing the government to use se- ing taxes on, especially not now when Americans is a massive expansion of cret, untested malware could end up they are feeling squeezed. government hacking and surveillance damaging not only our personal devices Even with Medicare, as I said earlier, powers, and it will take place auto- but the power grid or hospitals and seniors still spend a large percentage of matically on December 1 of this year. nearly any other system connected to their income on health care. The aver- The legislation that I seek to pass, the Internet. Get your arms around age Medicare beneficiary spent more which has been bipartisan in the Sen- that—hospitals in Iowa, Texas, and Or- than $6,000 a year in out-of-pocket ate, would stop this automatic expan- egon being damaged not because the health care expenses in the last year sion of government hacking and sur- Congress made a policy decision but we have information for. veillance powers. because something was done automati- The result is that some 8.3 million I have said it before and I want to say cally as a result of a change in the seniors rely on Medicaid in addition to it again this afternoon: There is no rules of criminal procedure. I just want Medicare. While this billion-dollar tax question that it is a dangerous world to say to my colleagues that I think increase we are talking about today is out there, and I take a backseat to there will be a lot of unhappy Ameri- intended to pay for part of the Presi- none when it comes to making sure our cans if that is the case. dent’s health care law, it could actu- law enforcement and intelligence offi- The rule change says that the gov- ally, in the long run, cause more strain cers have the tools they need to keep ernment can potentially search mil- on an already struggling Medicaid sys- America safe. In fact, I was actually lions of computers with one single war- tem. I think that is sort of the defini- able to add the specific provision ex- rant issued by one single judge. There tion of pennywise and pound foolish, panding emergency powers for our gov- is no difference, in terms of law en- another reason for us to pass this legis- ernment to act when there is a threat forcement access, between the victims lation. so that the government could move to of a hack and the perpetrator himself. Again, it is not about numbers. It is protect the American people and come These changes will make people the about people, some of the most vulner- back and get the warrant later. But victims twice over—once by a hacker able in our communities. That is why that is not what we are talking about and once again by their government. Senator BROWN and I have introduced here. What we are talking about here is You wouldn’t punish the victims of a this legislation—it is called the Senior a staggering expansion of government tax scam or a Ponzi scheme with a Tax Hike Prevention Act—to block hacking and surveillance authority. painful audit. It just doesn’t add up. this tax increase from going into effect These are major changes to Federal I understand that passing legislation at the end of the year and to extend policy that are going to come about by unanimous consent is a difficult the current 7.5-percent threshold so through amendments to rule 41 of the task. These days, you can hardly get many seniors are counting on. Federal Rules of Criminal Procedure. unanimous consent to drink a soda at The bill is bipartisan. It is common This is the kind of major issue that lunchtime. But this isn’t an issue sense. It is a chance for this body to traditionally comes before the Judici- where the Senate can do some kind of show it does work for the most vulner- ary Committee. I see that two of my ostrich act and ignore the problem. By able in our society, that we stand with colleagues with whom I enjoy working sitting here and doing nothing, the middle-class families who are feeling very much are here. Chairman GRASS- Senate will be giving consent to a sub- squeezed right now, and that we stand LEY is here and also Senator CORNYN, a stantial expansion of government with our seniors. member of the Judiciary Committee hacking and surveillance authority. By I thank Senator BROWN for being an and a distinguished member of the Fi- not acting, the Senate would give a indispensable partner with me in this nance Committee. We have big policy stamp of approval on a major policy effort. I also thank the many sup- issues that come before the Finance change that has received no hearing, porters of our legislation, like the Committee and that come before the no oversight, and no discussion in spite AARP, the American Senior Housing Judiciary Committee. We work on of the fact that some of the most im- Alliance, and the Ohio Alliance of Area them. We work on them in a bipartisan portant companies in America are Agencies on Aging. fashion. Chairman HATCH and I meet speaking in opposition to this. I urge my colleagues to join Senator every Wednesday afternoon to work on In my view, the limits of search and BROWN, join others, join all these orga- these kinds of matters. That is not seizure are unquestionably an issue for nizations that represent millions of what is going to happen with this mas- this Congress to debate. The Justice seniors, and join me in blocking this sive expansion of government hacking Department should not have the power billion-dollar tax increase by sup- and surveillance authority. to change the practical meaning of the porting this commonsense legislation Colleagues, these rules are going into Fourth Amendment without the peo- for the sake of those seniors who are effect on December 1 if Congress doss ple’s elected leaders weighing in. In- caught in the squeeze, those seniors nothing. If Congress just says, ‘‘Oh, stead, the Senate ought to be doubly whom we represent. gee, we have other things to do,’’ these concerned by the fact that the adminis- I yield back the remainder of my rules will go into effect. I guarantee tration wants to conduct proactive time. you there are going to be many Ameri- cyber security policy through some Madam President, I suggest the ab- cans who are going to be very unhappy, kind of obscure bureaucratic process sence of a quorum. and they are going to ask their Mem- like rule 41. The PRESIDING OFFICER. The bers of Congress what they did to stop There aren’t folks in Oregon, Texas, clerk will call the roll. this ill-advised approach. Iowa, or anywhere else who are fol- The senior assistant legislative clerk By the way, in the other body, some lowing the details of something called proceeded to call the roll. of the most senior Republicans—Con- rule 41, but I am telling everybody that Mr. WYDEN. Mr. President, I ask gressman SENSENBRENNER, the distin- they are going to be very concerned unanimous consent that the order for guished Congressman from Wisconsin, about the expansion of the govern- the quorum call be rescinded. is very concerned about this issue. ment’s hacking authority. So I hope The PRESIDING OFFICER (Mr. The American people want security my colleagues will join me in sup- SASSE). Without objection, it is so or- and liberty, but these amendments porting this bipartisan, bicameral leg- dered. don’t give them much of either. This islation. If this bill does not pass today

VerDate Sep 11 2014 02:30 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.030 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5442 CONGRESSIONAL RECORD — SENATE September 8, 2016 by unanimous consent, I look forward Constitution. Rather, the government about the consequences of the govern- to having a hearing on this issue. I must still go before a judge and make ment accidentally breaking their com- know there has been bipartisan inter- the requisite showing in order to get a puters without telling them. est in the Judiciary Committee. Lead- search warrant. I don’t know of anything that is rou- ers of the Judiciary Committee have I can’t understand who but the most tine about this at all. Under this talked about it, and I hope that hear- radical of privacy advocates would say change, the government can search po- ing will take place shortly so that that—even after meeting the require- tentially millions of computers with Americans can have a chance to under- ments of the Fourth Amendment be- one single warrant issued by one single stand exactly how devastating this pro- fore a judge establishing probable judge. And, tragically, there is no dif- posal would be for them. cause to get a search warrant, would ference, in terms of law enforcement Mr. President, I ask unanimous con- say: No, we don’t want that to happen. access, between the victims of a hack sent that the Judiciary Committee be I can’t imagine circumstances where and the perpetrators themselves. So we discharged from further consideration we would say the Fourth Amendment are talking about clobbering victims of S. 2952; that the Senate proceed to is trumped by concerns about privacy, twice. First they get clobbered by a its immediate consideration; that the especially when the targets that must hacker and then they could get hurt by bill be read a third time and passed and be proven up in court are cyber crimi- the government. the motion to reconsider be considered nals, child pornographers, and even ter- The distinguished Senator from made and laid upon the table with no rorists. We can’t let that happen, and Texas seeks to portray this as some intervening action or debate. that is why these rule changes are so kind of far-out kind of matter. Vir- The PRESIDING OFFICER. Is there important. tually all of the major technology com- objection? Our colleague claims the rule panies in this country have written in The majority whip. changes will allow for mass hacking opposition to this. Scores of cyber se- Mr. CORNYN. Mr. President, reserv- and forum shopping. That is the cre- curity experts have written in opposi- ing the right to object, let me start by ative branding I told him I admired in tion. One of the key points they make saying to my friend from Oregon that I the beginning. But these are the same is that you don’t punish victims twice admire his passion and I admire his claims that have been considered and in America. You wouldn’t punish the creativity at branding legislation. But rejected through a thoughtful, thor- victims of a tax scam or a Ponzi for reasons I will explain, this is a com- ough process that I have already de- scheme with a painful audit. That is monsense procedure that doesn’t relate scribed. These changes are modernizing what can happen here. to the Fourth Amendment—the con- our laws and updating the tools gov- stitutional right to be protected from ernment has to investigate so they can The idea that a change of this mag- unreasonable searches and seizures. better protect us from the very real nitude would be made without any de- This is a venue provision. This has to and increasing threat of cyber crimi- bate, consideration—there has been no do with what court to go to in order to nals and terrorists. The truth is, there hearing on this matter. I know of no get a court order and to get permission are more things we need to do in addi- meetings. I would like to hear any of a court, after establishing probable tion to this to update and modernize Member of the Senate tell me about cause, to conduct that search. our laws. some meeting they went to. I know of Senator WYDEN is seeking consent to I would close by saying that I know no sessions where the public voice block proposed changes in the Federal public concerns have been raised. In- could be heard. Rules of Criminal Procedure that have deed, I believe there have been some I am very hopeful, and I intend to already been the product of thoughtful briefings—even today—by Federal law come back to this floor again in an ef- and lengthy consideration, including enforcement agencies and the intel- fort to make sure the public is at least public hearing and deliberation. These ligence community with regard to Rus- brought into this. I can tell you that rules, as all rules that are plied in the sian activities in cyber space, even fo- Senator DAINES and I represent a lot of courts are, have been approved by the cused on our very system of electing rural hospitals, for example. Well, cer- rules advisory committee. This is a our officials in the November 8 elec- tainly if you heard some of what we group of judges, law professors, and tion. This is not a time to retreat and have been told could happen in terms practicing attorneys. Then they were to allow cyber space to be run amuck of what it could mean to computer sys- approved by the Judicial Conference of by cyber criminals or people who would tems at hospitals and other kinds of fa- the United States. Then, most signifi- steal intellectual property or child por- cilities, they are going to ask their cantly perhaps, they were endorsed by nographers or terrorists. This is a very Senators: What did you do about that? the U.S. Supreme Court. So if there sensible tool of venue. It just says Why did you just let that rule go were constitutional or other legal where the search warrant can be through that would damage those sys- issues and concerns about this, one sought, not the substantive require- tems that are a lifeline for Americans? would think the highest Court in the ments for what needs to be proven. So we are going to be back. As I men- land would have flagged those and de- That is preserved under the Fourth tioned before, my colleague in the clined to endorse them, but they Amendment to the Constitution that other body was starting to make a fair didn’t. protects all of us, as it should, against amount of progress. JIM SENSEN- These changes have been approved unreasonable searches and seizures. BRENNER, who is a very influential because they are commonsense meas- So for all those reasons, Mr. Presi- Member of the other body, has taken a ures, as I said a moment ago, that re- dent, I object to the unanimous con- great interest in this, as have a number late solely to the appropriate venue for sent request. of colleagues on both sides. So we will a search warrant. They simply make The PRESIDING OFFICER. Objec- be back. clear which Federal district court the tion is heard. government should go to in order to The Senator from Oregon. I am going to yield now. I know my apply to a judge for a search warrant in Mr. WYDEN. Mr. President, I am colleague from Montana has been a cases involving sophisticated cyber going to yield in just a moment to Sen- wonderful partner in this effort, and he has some comments to make that will criminals and people like child pornog- ator DAINES, but just so we are clear in raphers and even terrorists. Ulti- terms of my response to the distin- highlight once again the bipartisan mately, that makes our government guished Senator from Texas, he has—as concern about the magnitude of this more efficient—by making it clear some have tried to do—sought to char- change that would take place without which courts can consider these re- acterize this as kind of a routine kind any involvement, none, here in the quests for search warrants—and better of matter; that this was a rule of crimi- Senate—no hearings, no debates, no equipped to stop these heinous crimes. nal procedure of no great import and discussions. This is a big change, and I As I said earlier, these aren’t sub- without any far-reaching consider- hope we will discuss it. stantive changes. This doesn’t change ation. I can tell you that cyber secu- I yield the floor. the balance between privacy and secu- rity experts around the country have The PRESIDING OFFICER. The Sen- rity in the Fourth Amendment to the spoken out virtually unanimously ator from Montana.

VerDate Sep 11 2014 02:30 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.031 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5443 Mr. DAINES. Mr. President, my dis- tantrums aside, the minority leader At the time, Democrats held the Sen- tinguished colleague from Oregon com- knows the American people deserve to ate, so these 19 Republican Members mented about how technology compa- have their voices heard on the future of did not control the Judiciary Commit- nies are concerned about what is going the Supreme Court. We have made the tee’s proceedings on the floor. But on. I spent over a decade in the private decision that the next President will those 19 Senators promised that if the sector—in fact, 12 years with a cloud select the next Justice of the Supreme issue was forced to a vote, they would computing company. We had 17 offices Court. We have done that because the ‘‘vote against confirming any Supreme around the world and a product in 33 next Justice will have a profound im- Court nominees by the incumbent different languages. I saw firsthand pact on issues that matter to all of us President.’’ what it means to be engaged in the for decades to come, and we think the These 19 Senators made this commit- high-tech business and the challenges people should have a voice in that mat- ment immediately following the Presi- related to hacking. I also know first- ter. dent’s announcement of his intended hand the challenge our country does I spent the past several weeks meet- nomination for the same reasons the face when it comes to cyber criminals. ing with Iowans across my State and Judiciary Committee has elected not We were attacked routinely in our discussing issues that concern them to move forward the President’s nomi- company and had to defend those at- and what is on their minds looking for- nation of a successor to Justice Scalia. tacks off and build rock-solid, hard- ward to the election this fall. The va- Here is what Senator Howard Baker ened firewalls to protect our cus- cancy on the Supreme Court created by said, as one among those 19 Senators: tomers. the death of Justice Scalia came up I have no questions concerning the legal Technology has made it easier for time and again. At meeting after meet- capability of Justice Fortas . . . [but] there bad actors to steal our identities, to ing during this summer, Iowans told are, in my opinion, more important consider- distribute malware, and to commit a me they appreciate the Senate’s deci- ations at this time. whole host of other crimes, all from be- sion that the next President should Then, to continue to quote Senator hind a computer screen anywhere in nominate Justice Scalia’s replacement. Baker: the world. Our law enforcement faces They understood that this nomination The appointment of the Chief Justice real- tremendous challenges in tracking and will affect the Court for years to come. ly ought to be the prerogative of the new ad- stopping these criminals. The fact is, For that reason, they want to have a ministration. . . . In my opinion, the judicial our law enforcement policies need to be voice in the matter, and we will give branch is not an isolated branch of Govern- updated to reflect the 21st-century re- them that voice. That is the position ment. . . . It is and must be responsive to the sentiment of the people of the Nation. alities, but these policy changes need the Judiciary Committee took after to be made through a process that is Justice Scalia’s death. We wrote to Those are my thoughts exactly, and transparent and that is effective and, Leader MCCONNELL on February 23 to they are not just shared by Repub- importantly, protects our civil lib- advise him that the next President licans. Recall of course that then- erties. should select the next Justice. We ex- Chairman BIDEN said in 1992 that proc- The changes to rule 41 of the Federal plained it this way: essing a Supreme Court nomination in Rules of Criminal Procedure would The Presidential election is well underway. an election year harms the nominee, allow the government to hack an un- . . . The American people are presented with the country, and the Senate. And he an exceedingly rare opportunity to decide, in only spoke of coming together on a limited number of Americans’ com- a very real and concrete way, the direction puters, including innocent victims, nominee in the next Congress with a the Court will take over the next generation. new President. with a single warrant. This rule change We believe The People should have this op- was approved behind the closed doors portunity. I would finally like to address one more argument I have heard recently of a little-known judicial conference. Our explanation is all the more true from those who support the President’s Fundamental changes to the way we as we find ourselves just 2 months nomination this election year. As we allow law enforcement to execute away from the Presidential election have drawn closer and closer to this searches need to be made, there is no this fall. I remain convinced that we Presidential election, they have tried doubt about that. We are in agreement owe the people a chance to speak their to use the length of this vacancy as that changes need to be made; however, minds on the Supreme Court during it must be through a process that is this election. reason to move forward with this fully transparent to the American peo- I have not been surprised to hear President’s nomination. I have even ple. We cannot give the Federal Gov- from my fellow Iowans that they want heard some say that this is the longest ernment a blank check to infringe their voices heard on the issue, and the Supreme Court vacancy ever. That is upon our civil liberties. Senate’s decision to give the people just plain false. I will list just a few ex- If Congress does not act, this rule this opportunity is no surprise either. amples. change will automatically go into ef- We are acting in the Senate’s long tra- Two vacancies to fill the seats of Jus- fect on December 1. S. 2952, the Stop- dition as a check on the President’s tices Baldwin and Daniel lasted longer ping Mass Hacking Act, stops the rule power to nominate. than 2 years in the 1800s. Six Supreme change and will allow Congress to con- I would like to take as one example, Court vacancies have lasted longer sider new law enforcement tools because I have given several examples than a year, and two more have lasted through—and this is very important— in other speeches—but go back to 1968. nearly that long. the full, open, transparent process they On June 26 of that Presidential elec- As this election draws closer by the deserve. tion year, President Johnson an- day, the Judiciary Committee’s posi- I urge my colleagues to support this nounced his nomination of Justice Abe tion remains consistent. The next not only bipartisan but also bicameral Fortas to be Chief Justice of the Su- President will choose Justice Scalia’s piece of legislation. preme Court when Chief Justice War- replacement. I yield the floor. ren declared his intentions to retire. Senators have made this choice be- The PRESIDING OFFICER. The Sen- Abe Fortas, of course, was already an fore—like the 19 who declared during ator from Iowa. Associate Justice of the Supreme Court the 1968 election year that the next FILLING THE SUPREME COURT VACANCY and had been unanimously confirmed President should choose Justice War- Mr. GRASSLEY. Mr. President, I by the Senate just a few years earlier. ren’s replacement. They did so, just as come to the floor to speak about the But that confirmation didn’t take then-Chairman BIDEN said, because work of the Judiciary Committee and place in an election year like 1968. that course was best for the country to make a short speech on the issue of Within 24 hours of Justice Fortas’s during a politically charged election the Affordable Care Act. nomination to be Chief Justice, 19 Re- year. The same thing is true this elec- Earlier this week, the minority lead- publican Senators issued the following tion year. The next President will se- er came to the floor to speak about the statement: ‘‘[T]he next Chief Justice lect the next Supreme Court Justice. Supreme Court vacancy. He made per- should be selected . . . after the people OBAMACARE sonal insults and threats, as he tends have expressed themselves in the No- Mr. President, I would like to say to do. But political stunts and childish vember elections.’’ just a few words on the Affordable Care

VerDate Sep 11 2014 02:30 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.034 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5444 CONGRESSIONAL RECORD — SENATE September 8, 2016 Act. I would like to give a direct quote I have given only a partial list of pol- in appropriations. We are going to have from President Obama about icy changes so the American people can appropriations bills, and it will all be ObamaCare: ‘‘Too many Americans know that the failing ObamaCare pro- dealt with. Well, now we are talking still strain to pay for their physician gram is not the only answer. about a continuing resolution that visits and prescriptions, cover their I yield the floor. would not have any additional funding deductibles or pay their monthly insur- The PRESIDING OFFICER. The Sen- unless we find a way to do it, and that ance bill.’’ ator from Maine. is my plea today. I am glad that the President has fi- Mr. KING. Mr. President, I ask unan- I have written to the President; I nally heard that message. When I was imous consent to speak as in morning have written to the chair of the Appro- having meetings in some of the 99 business for up to 5 minutes. priations Committee saying: Let’s find counties in Iowa this year, I heard The PRESIDING OFFICER. Without a way to at least fund the $181 million plenty from families who felt duped by objection, it is so ordered. that is authorized in CARA. At least do the promises of ObamaCare. Two fami- COMPREHENSIVE ADDICTION AND RECOVERY BILL that, even if we are doing a continuing lies told me that their ObamaCare in- Mr. KING. Mr. President, last March resolution. surance premium was more than their this body passed CARA, the Com- By the way, I don’t understand why house payment. Many said they did not prehensive Addiction and Recovery we are doing continuing resolutions know how they would continue to pay Act. Unfortunately, at the same time, when the agreement has been reached the premiums. we didn’t fund it. We didn’t provide any on the amount of the budget, the But President Obama says, in effect, additional funds to support the treat- amount of the appropriations. The Ap- ‘‘Pay no attention to rising pre- ment and recovery of people through- propriations Committee has done their out the country. Since we passed that miums,’’ and then promises to give work. Why aren’t we doing appropria- bill and failed to fund it, 15,000 people— people subsidies. But 97 percent of tions? That is another subject. 78 a day, 3 an hour—have died because Americans do not receive ObamaCare But however we do the funding this we haven’t acted on funding. subsidies. fall, let’s deal with this terrible prob- ObamaCare seems to be collapsing. A group of us got together on March 2 and brought forth an amendment to lem that is taking lives, tearing fami- Insurers are leaving the exchanges. lies apart, and deeply wounding the There has been a lot of news on that provide $600 million of emergency fund- ing to give some substance to this bill, heart of America. lately. Premiums are increasing by I ask the consideration of this whole double digits. In Iowa, some of those which had so much promise, and to provide support for recovery and treat- body for this urgent problem and that premiums increased as much as 28 per- we take real steps to deliver help to cent, and I have heard a lot of States ment. That amendment was defeated. Passing that bill without funding is those people who are asking for it. are much higher. Americans have fewer like sending the fire department to a Mr. President, I yield the floor. health care choices every day, despite five-alarm fire with no water. We don’t f the many promises that ObamaCare have the means to do what has to be EXECUTIVE SESSION would improve just about every aspect done to defeat this scourge, which has of our health care system. Twenty per- taken the life of a constituent or more cent of ObamaCare customers will be in every State in the Union. Every one NOMINATION OF PETER MICHAEL forced to find a new insurance company of us has lost lives in our State because McKINLEY this fall. So much for the promise that of this. The PRESIDING OFFICER. Under was made in 2008 that ‘‘if you like your Treatment works. Recovery is pos- the previous order, the Senate will pro- [insurance], you can keep it.’’ sible. It is hard, but the greatest trag- ceed to executive session to consider And it is official: You can no longer edy—the greatest tragedy—is when the following nomination, which the keep your doctor. So much for the someone struggles with this awful dis- clerk will report. promise of 2008 that ‘‘if you like your ease, is ready to seek help, seeks help, The assistant bill clerk read the doctor, you can keep your doctor.’’ The and is told: Sorry, there is a 3-month nomination of Peter Michael McKin- Obama administration has now even waiting list. That is unconscionable. erased all references on its Web site to This is something that is taking lives ley, of Virginia, a Career Member of the words ‘‘keeping your doctor.’’ The right now. This isn’t an abstract, the Senior Foreign Service, Class of link to the web page that used to say ‘‘maybe this will happen in the fu- Minister-Counselor, to be Ambassador ‘‘how to keep your doctor’’ now says ture.’’ This is right now, today, in Extraordinary and Plenipotentiary of ‘‘how to pick a health plan.’’ Maine, in Florida, in California, in Ari- the United States of America to the So ObamaCare seems to be col- zona, in Washington, in Nebraska, in Federative Republic of Brazil. lapsing. This comes as no surprise. Texas—all across this country. It is the The PRESIDING OFFICER. Under ObamaCare has worked as well as pil- greatest public health crisis of my life- the previous order, the question is, Will ing 2 tons of fertilizer on a 1-ton truck, time. Seventy-eight people a day are the Senate advise and consent to the and of course any farmer can tell you, dying, and it is preventable. McKinley nomination? that just doesn’t work very well for a There are three legs to the stool of Mr. COATS. I ask for the yeas and long haul. dealing with this: One is law enforce- nays. We could enact alternative reforms ment, one is prevention, and one is The PRESIDING OFFICER. Is there a aimed at solving America’s biggest treatment. And without all three of sufficient second? health care problems. Good places to those legs, the stool collapses and peo- There appears to be a sufficient sec- start would be cracking down on frivo- ple die. These are real people. ond. lous lawsuits, letting people purchase I have had roundtables in Maine. I The clerk will call the roll. insurance across State lines, improving sat next to a deputy sheriff who lost The legislative clerk called the roll. transparency in the health care pric- his daughter and one woman who said Mr. CORNYN. The following Senators ing, giving States more freedom to im- she hoped her son would be arrested so are necessarily absent: the Senator prove Medicaid, using consumer choice maybe then he could get into treat- from Tennessee (Mr. ALEXANDER), the to drive competition, which in turn ment. These are regular, ordinary Senator from Wisconsin (Mr. JOHNSON), drives down costs, and changing the Americans that are being affected by the Senator from Illinois (Mr. KIRK), Tax Code so that small businesses can this, not only young people. These are and the Senator from Kansas (Mr. provide affordable health insurance to older people, middle class, middle-aged MORAN). their employees. That financial help is people. This is a major crisis. There are Further, if present and voting, the something that ObamaCare took away, lots of aspects to it, and I can talk Senator from Tennessee (Mr. ALEX- and this is exactly what my legisla- about the fact that opioid prescription ANDER) would have voted ‘‘yea.’’ tion, S. 1697, the Small Business drugs lead to heroin and other drugs, Mr. REID. I announce that the Sen- Healthcare Relief Act, will do to give but the real subject today is funding. ator from California (Mrs. BOXER), the those employers an opportunity to pro- I was told back in the spring: Don’t Senator from Illinois (Mr. DURBIN), the vide that help to their employees. worry, we are going to take up CARA Senator from Virginia (Mr. KAINE), and

VerDate Sep 11 2014 02:30 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.038 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5445 the Senator from Michigan (Mr. Mike Rounds, Marco Rubio, Cory Gard- First, the reality. All summer long, PETERS) are necessarily absent. ner, Dean Heller, Pat Roberts, David we have read the headlines about dras- I further announce that, if present Vitter, Roy Blunt, John Barrasso, tic premium increases being requested, and voting, the Senator from Virginia Roger F. Wicker, Steve Daines. insurers pulling out from different (Mr. KAINE) would vote ‘‘yea.’’ CLOTURE MOTION States, and patients being caught in The PRESIDING OFFICER (Mr. Mr. MCCONNELL. Mr. President, I the middle. HOEVEN). Are there any other Senators send a cloture motion to the desk for My State of Kansas has not been im- in the Chamber desiring to vote? the underlying bill, S. 2848. mune. Last year, UnitedHealthcare an- The result was announced—yeas 92, The PRESIDING OFFICER. The clo- nounced it would leave our State. nays 0, as follows: ture motion having been presented Aetna was going to start offering cov- [Rollcall Vote No. 137 Ex.] under rule XXII, the Chair directs the erage next year and then announced a clerk to read the motion. massive exit from exchange markets YEAS—92 The legislative clerk read as follows: across the country, including Kansas. Ayotte Flake Paul We were at risk of having just one in- Baldwin Franken Perdue CLOTURE MOTION Barrasso Gardner Portman We, the undersigned Senators, in accord- surer in many parts of the State, with Bennet Gillibrand Reed ance with the provisions of rule XXII of the no competition with regard to pricing. Blumenthal Graham Reid Standing Rules of the Senate, do hereby In June, the State insurance depart- Blunt Grassley Risch Booker Hatch move to bring to a close debate on Calendar ment announced a proposed rate in- Roberts No. 523, S. 2848, a bill to provide for the con- crease for next year. The good news: A Boozman Heinrich Rounds servation and development of water and re- Brown Heitkamp Rubio new insurer, Medica, was proposing to Burr Heller Sanders lated resources, to authorize the Secretary offer coverage in Kansas. However, Cantwell Hirono Sasse of the Army to construct various projects for Capito Hoeven there is bad news. The bad news is that Schatz improvements to rivers and harbors of the Cardin Inhofe premiums could be increased by nearly Schumer United States, and for other purposes. Carper Isakson Scott Mitch McConnell, James M. Inhofe, John 50 percent next year for some individ- Casey King uals in our State and I know in many Cassidy Klobuchar Sessions Cornyn, Orrin G. Hatch, Shelley Moore Coats Lankford Shaheen Capito, Thom Tillis, Dan Sullivan, other States. Last year, the highest ap- Cochran Leahy Shelby Mike Rounds, Marco Rubio, Cory Gard- proved increase was 24.5 percent. Next Collins Lee Stabenow ner, Dean Heller, Pat Roberts, David year’s rates are still being finalized, Coons Manchin Sullivan Tester Vitter, Roy Blunt, John Barrasso, but they could be double that. Corker Markey Roger F. Wicker, Steve Daines. Cornyn McCain Thune Now let’s throw it back. In 2013, Cotton McCaskill Tillis Mr. MCCONNELL. Mr. President, I President Obama said about the law Crapo McConnell Toomey ask unanimous consent that the man- that ‘‘the result is more choice, more Udall Cruz Menendez competition, real health care secu- Daines Merkley Vitter datory quorum calls with respect to Donnelly Mikulski Warner the cloture motions be waived. rity.’’ Today, however, we see less Enzi Murkowski Warren The PRESIDING OFFICER. Is there choice, less competition. And with in- Ernst Murphy Whitehouse objection? surers coming and going and rising pre- Feinstein Murray Wicker Fischer Nelson Wyden Without objection, it is so ordered. miums, I think Kansas families would Mr. MCCONNELL. Mr. President, I agree they are not secure in their NOT VOTING—8 ask unanimous consent that the filing health care coverage. I don’t know any Alexander Johnson Moran deadline for first-degree amendments State that is. Boxer Kaine Peters These are not just headlines in the Durbin Kirk for the cloture motions filed today be at 3:30 p.m. on Monday, September 12. paper or on the Internet; real folks The nomination was confirmed. The PRESIDING OFFICER. Is there back home are hurting. A nurse in The PRESIDING OFFICER. Under objection? Miltonvale, KS, wrote to me about the previous order, the motion to re- Without objection, it is so ordered. what she calls the devastating effect consider is considered made and laid ObamaCare is having on her patients upon the table, and the President will f and her loved ones. She says: ‘‘I am be immediately notified of the Senate’s MORNING BUSINESS very concerned that continuing along action. Mr. MCCONNELL. Mr. President, I these lines will further limit care and f ask unanimous consent that the Sen- accelerate a decline in health care in ate be in a period of morning business, our state, as well as our nation.’’ LEGISLATIVE SESSION But, again, let’s throw back to what with Senators permitted to speak The PRESIDING OFFICER. Under we were initially promised. Way back therein for up to 10 minutes each. the previous order, the Senate will now on the campaign trail in 2008, then- The PRESIDING OFFICER. Is there resume legislative session. Candidate Obama promised that he objection? would enact health care reform which f Without objection, it is so ordered. would lower a typical family’s pre- The PRESIDING OFFICER. The Sen- WATER RESOURCES DEVELOP- mium by $2,500 a year. I don’t foresee ator from Kansas. MENT ACT OF 2016—Continued any way those savings could be realized The PRESIDING OFFICER. The ma- f if a Kansan’s premium is going to be up jority leader. OBAMACARE to over 40 percent, on top of about 25 CLOTURE MOTION percent last year. Mr. ROBERTS. Mr. President, I rise Looking back to 2013, Congress- Mr. MCCONNELL. Mr. President, I today to share some flashbacks for send a cloture motion to the desk for woman NANCY PELOSI said the imple- throwback Thursdays, if we want to mentation of this law was ‘‘fabulous.’’ the Inhofe-Boxer amendment No. 4979. call it that, with regard to ObamaCare. The PRESIDING OFFICER. The clo- Fabulous, indeed. This was, of course, There have been a lot of speeches before open enrollment started and the ture motion having been presented made about ObamaCare recently. Spe- under rule XXII, the Chair directs the failed launch of the healthcare.gov Web cifically, I want to look at the facts site, which crashed. clerk to read the motion. about ObamaCare, as we all know them The legislative clerk read as follows: More issues of concern to me have now, more than 6 years after it was come from recent regulations that CLOTURE MOTION signed into law—6 long years—and re- have been used to implement this law. We, the undersigned Senators, in accord- mind the country what the President This law has massive regulations. The ance with the provisions of rule XXII of the and my colleagues across the aisle law has 2,000 pages. We are now at over Standing Rules of the Senate, do hereby promised all of us when they pushed move to bring to a close debate on Senate 10,000 pages of regulations. amendment No. 4979. this bill through the Congress. I say The administration has proposed Mitch McConnell, James M. Inhofe, John ‘‘push’’ because it passed without one changing how they verify individuals Cornyn, Orrin G. Hatch, Shelley Moore single Republican vote and certainly as being eligible to receive taxpayer as- Capito, Thom Tillis, Dan Sullivan, not mine. sistance for their premiums under the

VerDate Sep 11 2014 03:49 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.042 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5446 CONGRESSIONAL RECORD — SENATE September 8, 2016 law. Discrepancies between what a per- rected with more government interven- I particularly want to focus on one son claims their income is and what is tion, more restrictions, and more regu- part—and then I will speak more received from trusted data sources lations. broadly about the bill—but the part must now be off by 25 percent. Pre- We must triage the pain this law is that deals with lead exposure and lead viously, it was 10 percent in order for inflicting on hard-working Americans. in water, which is very important to the administration to investigate a We must repeal and we must replace me, as colleagues know, and very im- possible fraud. So I guess you can be this law. I know that many colleagues portant to a community called Flint, fraudulent up to 24.9 percent now. The will join me in continuing to work to MI, where 100,000 people, through no administration should not be lowering provide freedom from its mandates and fault of their own, were exposed to ex- the standard by which it verifies eligi- increased taxes to all and enact re- cessive levels of lead. There are efforts bility for folks to receive our scarce forms to our health care system that going on now to try to fix that, and we taxpayer dollars. It is unacceptable for will actually lower the cost of coverage will focus on the long-term health and implementation of this law to further and increase access to care for individ- nutrition needs of the children and burden taxpayers by failing to protect uals. families, but the water is still not against fraud and abuse. Simply put, this law is failing. It is fixed. Another recent regulation gets at our job to correct it, and we will con- People have said to me: Gosh, that one of my biggest fears from the law’s tinue fighting to do so. was really bad what happened before in passage: the ability of the government I was talking about this matter in Flint. I say: No, no, it is not what hap- to ration care. There were four provi- the cloakroom just moments ago. Sev- pened in Flint, it is still happening. sions of this law that I believed would eral of our Members have been very ac- There are still bottles of water being decrease individual choice and open the tive in this whole endeavor to try to delivered to homes, and people have door to rationing, one of which was the not only repeal but to replace this law, been waiting. So we are grateful to be Centers for Medicare and Medicaid In- and they pause a little bit and say: You at this point, and there certainly is a novation, CMMI. In March, this outfit know, maybe this law was designed to sense of urgency coming from families passed a proposal to test, as the agency fail. Maybe this law is so bad in terms in Flint and all around Michigan as calls it, how we pay for prescription of falling apart that people could not well. drugs for our seniors under Medicare help but know that and then come in More than one-half million preschool Part B. Patient groups, doctors, and and say that the only thing we can now students in the United States are ex- many of us in Congress are gravely move to is national health care, gov- posed to elevated lead levels. So this is concerned about how this test could af- ernment-run health insurance. If that an issue not only in Flint but in fect the patient’s quality of and access is true, that is a 6-year effort with a lot schools and other parts of Michigan, to care. As the Kansas Medical Society of pain and suffering and in terms of where the drinking fountains in the explained to me, this so-called dem- political deceit, probably ranks right school—you know, when you are walk- onstration ‘‘will force Kansas Medicare at the top. ing down the hall and see the drinking We have to repeal this law. We have beneficiaries with serious, sometimes fountain in the school is shut down be- to replace it. We have to get to work. life-threatening conditions to partici- cause of high lead exposure, that has And we have to prevent further steps pate, disrupt their treatment proc- happened in schools across the coun- toward national health insurance. esses, and impede their access to need- Mr. President, I yield the floor. try. ed medications with no evidence of im- The PRESIDING OFFICER. The Sen- We have a particular concern because proved health outcomes or financial ator from Michigan. there are 9,000 children under the age gains for the Medicare system.’’ Such a of 6, not counting all the children in f so-called test is now allowable because school, who have elevated lead levels. of the rationing provisions of WRDA It is quite frightening because some of ObamaCare. Ms. STABENOW. Mr. President, I the homes in Flint actually have reg- The law is simply not working for rise to speak about legislation that is istered levels higher than a toxic waste the large majority of Americans. Insur- currently on the floor, the Water Re- dump. It is pretty scary and incredibly ers are pulling out, citing large losses sources Development Act. important that we support their efforts in covering the population of people I start by thanking a great legisla- to get the pipes replaced as quickly as who are seeking coverage on the ex- tive team of opposites who come to- possible. changes. So Americans are left with gether—and when they do they get The cost of lead exposure goes far be- fewer options in selecting their health things done—that is, Senator INHOFE, yond the $50 billion a year Americans care coverage, and, most concerning, the chair of the committee, and the have to pay in health care and in bot- they are paying more for it—a lot ranking member, Senator BOXER. I tled water and all of the other health more. thank both of them for tireless effort, issues. Having unsafe water costs us Looking back to December of 2015 including their staffs for bringing for- our well-being, the health of the com- when this body sent legislation to the ward something that is very important munities, economic development. It President’s desk to repeal ObamaCare, to my home State but important to costs us a sense of dignity. As Ameri- the President’s Statement of Adminis- communities all across the country. I cans, we think one of the basic rights tration Policy stated simply, ‘‘The Af- also want to thank our two leaders for that we don’t think about—we just fordable Care Act is Working.’’ Yet, coming together and finding a way to take it for granted that you are going last month the President wrote in the have a path forward that allows us to to turn on the faucet and clean water Journal of the American Medical Asso- come to the bill without a vote on a is going to come out and you can drink ciation that ‘‘too many Americans still motion to proceed, and that involves it. That sense of basic confidence in in- strain to pay for their physician visits all of our colleagues wanting to work frastructure has been shaken in Flint and prescriptions, cover their together and that is evident on this bill but also in other communities across deductibles, or pay their monthly in- and I very much appreciate the country. That is something we are surance bills.’’ That is a true state- everybody’s efforts. addressing in this bill that is so very ment. I thank the President for waking This comes after the Environment important. up to this nightmare. and Public Works Committee approved I am very pleased we have a bill in Despite his new revelation that the the Water Resources Development Act front of us that will comprehensively Affordable Care Act is, in fact, the by 19 to 1 in the committee. Clearly, not only address a community that we unaffordable care act for most, the there is very strong bipartisan support, have been fighting for and care deeply President and his party’s candidate to and it comes because the water infra- about but other communities around succeed him say the answer is greater structure needs of the country are so Michigan and around the country. We government control—a public option. great for every community, every need the funding in this bill—the au- Folks, that is government health care. State. I know the distinguished Pre- thorization in this bill because of a That is what we are talking about. The siding Officer would be able to tell the number of reasons. Let me again— failings of ObamaCare cannot be cor- same story in North Dakota. speaking about lead, there are 5,300

VerDate Sep 11 2014 02:30 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.044 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5447 American cities that have been found though we have come a long way, we hazard. We have about 88 of those dams to be in violation of Federal lead rules. have addressed lead-based paint, but we in Michigan that are considered high So there are 5,300 cities right now that still have problems there in older hazard. we know don’t meet the standards for homes that are still affecting children. So this is a bill that touches every safety. In USA TODAY they reported Soil is another issue, and certainly single State. I know Members across that excessive lead has been detected those of us who work with our farmers the aisle have worked on this together. in nearly 2,000 public water systems understand that as a critical resource Clearly, it is something that is very across all 50 States. This is an impor- in growing our food in East Chicago, important to Michigan, very important tant bill, and it addresses something IN, some show lead levels up to 227 to families in Michigan. The piece that that not only I have been focused on times above the Federal lead limits allows us to support the 100,000 people and my colleague Senator PETERS has and 135 times above the arsenic limit. in Michigan is incredibly important for been focused on but I know other col- It is pretty tough to be growing things us, but we also understand that in the leagues are focusing on in communities when you have that kind of contamina- process of legislating, we have been in their States. tion in the soil. able to support efforts and needs Frankly, there is no safe level of lead The top 6 inches of soil had up to 30 around the country and come together exposure and even a small amount can times more lead than the level consid- to do something that is important for harm people over their lifetime. One ered safe for children. Atlantic City, communities in all of our States. study from Rhode Island found a cor- Philadelphia, Allentown, Pennsylvania, I think that is what legislating is all relation between even the lowest levels where over 500,000 children have about, as the Presiding Officer knows. of lead exposure and declines in read- enough lead in their blood to merit a You and I have worked together on ing scores. There are certainly many visit to the doctor. many different projects that try to ad- other studies. In this bill, we provide resources as dress concerns across the country. When we look at what is happening well to address issues related to public Again, I thank the chairman and in this bill, the first thing I am very health and lead in children. We know ranking member for doing an out- pleased to say is that we have a provi- that for the 286 million Americans who standing job, for supporting our efforts sion that helps our communities that get their tapwater from community but also supporting efforts of other have literally been shut down, not only water systems, this bill is an incredibly Members. Hopefully, as we work our families with bottled water, but can important investment in many dif- way through this process, we can come you imagine being a downtown res- ferent ways. It is necessary for public together on commonsense amendments taurant and we have economic develop- health and safety, it is necessary for that relate to this bill so we can have ment going on downtown and all of a economic development, and commu- a very big vote on final passage and sudden people don’t want to come be- nities across America will benefit from send it to the House, and hopefully our cause they are worried the restaurant this. colleagues in the House will recognize how important this is to their districts is using contaminated water. In fact, it I also thank the committee for once and their States as well, and we will be is totally safe to come to downtown again focusing on something else we in able to get this to the President as Flint, and they are making great ef- Michigan care about—the Great Lakes. We are surrounded. We have the penin- soon as possible. forts on economic development and re- I yield the floor. sula surrounded by water and great vitalization. I was pleased to host the The PRESIDING OFFICER. The Sen- SBA Administrator a number of beauty. Another wonderful summer we ator from Louisiana. months ago, talking with small busi- just had, where boating, fishing, and f ness entrepreneurs who are excited tourism is a very important part of our about being in Flint. economy as well as a way of life. In HONORING CORPORAL MONTRELL When we look at the broad ripple ef- this bill, for the first time, we estab- JACKSON, DEPUTY BRAD fect when a water system isn’t safe, it lished the Great Lakes Restoration Ini- GARAFOLA, AND OFFICER MAT- is most importantly about families and tiative, formally in law, and it will au- THEW GERALD children, but it also affects small busi- thorize $300 million for the Great Mr. CASSIDY. Mr. President, I rise nesses and it affects the entire econ- Lakes Restoration Initiative over the today to honor three brave men: Cor- omy. So in this bill, we are very next 5 years. This is important for all poral Montrell Jackson, Deputy Brad pleased we have a provision fully paid of us in the Great Lakes State. It is Garafola, and Officer Matthew Gerald. for by phasing out another program also important because 27 percent of It has been a tough summer in Lou- that will help address this. the world’s freshwater comes from the isiana. Not only did we have the floods We also address lead contamination Great Lakes. So it is a very important of which I spoke yesterday, but we had in communities across the country. economic resource for all of us. the Alton Sterling shooting, the civil There is a very important loan pro- This bill also authorizes new pro- unrest afterwards, and then these three gram that was put in place by the grams to help with drought by pro- officers killed and several others shot. chairman and ranking member in the moting innovative water technology I will speak today to these officers. last WRDA bill but not activated, not and research, for desalinization and On July 17, the three men I just men- funded, that we fund that will activate water reuse and recycling. tioned gave their lives while protecting loans—$800 million, possibly more, in It authorizes very important Army our community when ambushed while loans available for communities all Corps projects. There are 25 critical reporting to a 9–1-1 call. Deputy Nick across the country. The structure was Army Corps projects in 17 different Tullier, Deputy Bruce Simmons, and set up in the last WRDA bill and now in States that are authorized in this legis- Officer Chad Montgomery were injured this one we are actually funding it. So lation. These are authorizations for in- during this attack. Thankfully, Deputy communities can activate very impor- frastructure projects that protect and Simmons and Officer Montgomery have tant loans to upgrade their water infra- address concerns in communities in returned home to their families, but structure. South Carolina, Florida, New Jersey, Deputy Tullier remains in the hospital. We also know that when we are look- and Louisiana, where we know about Please keep him in your thoughts and ing at issues around lead contamina- the hurricane and storm damage, and prayers. tion, we see across the country drink- flood control projects in Texas, Mis- Speaking of those who died, Corporal ing water issues in 22 percent of the souri, Kansas, and California. There Jackson was a 10-year veteran of the homes in Jackson, MS, were found to are environmental restoration projects Baton Rouge Police Department, a lov- exceed the Federal action lead levels. I in Oregon and in Washington State. ing husband to his wife Trenisha, and a remember the Mayor of Jackson saying There are additional dam improve- father to his 4-month-old child, Mason. to pregnant moms and children: Don’t ment programs, new programs that Following the shooting of Mr. Alton drink the water. allow FEMA to help rehabilitate high- Sterling, Montrell wrote on his It is not just water. There are 37 mil- hazard potential dams. America’s 84,000 Facebook page: lion housing units in the United States dams are rapidly aging, and 14,000 of I personally want to send prayers out to that contain lead-based paint. Even them are considered high risk, high everyone affected by this tragedy. These are

VerDate Sep 11 2014 02:30 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.045 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5448 CONGRESSIONAL RECORD — SENATE September 8, 2016 trying times. Please don’t let hate infect my home State of Texas. Texas under- provisions that make our ship channels your heart. This city must and will get bet- stands that water is a precious re- more efficient and strengthen our ports ter. source and one that needs to be man- by making them safer and better Deputy Garafola served the East aged effectively. There is an old saying equipped to handle growing amounts of Baton Rouge Sheriff’s Office for over 24 in Texas that whiskey is for drinking trade. I know there is a lot of discus- years. He was a beloved son, husband to and water is for fighting. It kind of sion about trade, particularly in the his wife Tonja, and father to their four makes you chuckle, but it dem- Presidential election season, but I will children: Garrett, Braley, Brad, and onstrates the point that water is essen- tell you that trade is viewed as an un- Samantha. He was remembered for al- tial to life. It is essential to our agri- mitigated good in my State. We are the ways selflessly trying to help others. cultural community to be able to grow No. 1 exporting State in the Nation, At the time of his death, he again our crops and water our livestock. It is and that is just one reason why our acted selflessly, giving his life when he indispensable, but it is easy to over- economy is growing faster than the na- saw another officer down, running to look all the work it takes to craft good tional economy. that officer who was injured during the legislation that looks out for the whole We have learned a very simple lesson; attack and by doing so exposing him- country’s water supply and also pro- that is, when you grow things—when self to fatal gunfire. tects our ports, our waterways, and you make things—and you have more Officer Matthew Gerald joined the helps guard against flooding. These are people and more markets to sell to Baton Rouge Police Department just just a few of the projects included in around the world, it is good for jobs, last year. Before this, he had bravely this bill. and it is good for the economy. I hope served our country in both the Army In April, this legislation overwhelm- that some of our leaders and those who and Marine Corps. Between 2002 and ingly passed out of committee. I am aspire to become the next President of 2009, Matt completed three tours of pleased this bill serves as just another the United States learn from some of duty in Iraq as a crew chief on a heli- example of what we can accomplish the lessons that we have learned from copter crew and received numerous when we put politics aside and work to- in Texas—that trade is good. awards and medals. Prior to his service gether in the best interests of the That is not to say that with in the Army, he had enlisted in the Ma- American people. globalization there aren’t some people rine Corps in New Orleans and served 4 I wish to mention that I am also disadvantaged, and we can address years from 1994 to 1998. Matt was a lov- grateful this legislation includes part some of those concerns with funds dedi- ing son, husband to his wife Dechia, of a bill that I introduced last spring cated to retraining efforts. But the fact and father to Dawelyn and Fynleigh. called the COAST Act. Texas has hun- of the matter is that more technology His wife recently announced she is dreds of miles of coastline, and the and more globalization are changing pregnant with their third child. State’s location in the Gulf of Mexico our economy and our labor markets in Each of those men shared common makes it particularly vulnerable to ways that we will never be able to re- core values that guided them: service, hurricanes, storms, and other weather verse. So we shouldn’t throw the baby stewardship, and sacrifice. They put impacts such as flooding, storm surges, out with the bath water and just turn the needs and well-being of others be- and high winds. I don’t need to tell the our backs on the benefits of trade, fore their own. Scripture says, ‘‘Great- Presiding Officer about that, as Lou- which means we need to have efficient er love hath no man than this, that a isiana recently suffered terrible flood- ports that are equipped to handle grow- man lay down his life for his friends.’’ ing. ing amounts of trade globally. In protecting their community, these In 2008, Texans saw firsthand when In conclusion, on the Water Re- men paid the ultimate sacrifice. I Hurricane Ike made landfall. It became sources Development Act, let me say honor their lives and thank their fami- the second most costly U.S. hurricane again that I express my gratitude to lies for their selfless service to the city on record. Chairman INHOFE and Ranking Member of Baton Rouge, to the State of Lou- Of course, because the area is so BOXER for this solid, bipartisan legisla- isiana, and to the United States of densely populated and includes one of tion. I hope it passes the Senate soon. America. our Nation’s busiest ports and energy I trust it will be out of the Senate by I yield the floor. hubs, major damage along the Texas the middle of next week. I suggest the absence of a quorum. coast would likely be felt well beyond f The PRESIDING OFFICER. The our State in much of the rest of the clerk will call the roll. country as well, particularly the eco- JUSTICE AGAINST SPONSORS OF The senior assistant legislative clerk nomic impacts. Safeguarding the gulf TERRORISM ACT proceeded to call the roll. coast from the next major hurricane Mr. CORNYN. Mr. President, this Mr. CORNYN. Mr. President, I ask should be a priority not just to Texas weekend is the 15th anniversary of the unanimous consent that the order for but a national priority, as I say, both terrible attacks on our country on Sep- the quorum call be rescinded. to those who live there and those who tember 11, 2001. It is impossible to for- The PRESIDING OFFICER (Mr. CAS- would suffer the potential economic get the horrible events of that day and SIDY). Without objection, it is so or- consequences. That is why this par- the pain, grief, and mourning that our dered. ticular provision, the coastal Texas country felt. I think it is one of those f protection provision in the Water Re- seminal events in my life—and I am sources Development Act legislation, is sure I am not alone—that I will always WRDA so important. remember what I was doing and where Mr. CORNYN. Mr. President, as the This is very straightforward. All it I was when those planes hit the World Presiding Officer knows, we are work- would do is require the Army Corps of Trade Center. It reminds me of when ing on a bill we call WRDA, W-R-D-A, Engineers to take advantage of pre- President John F. Kennedy was assas- which is the Water Resources Develop- existing studies and not have to dupli- sinated when I was much younger. I re- ment Act. This is important to the en- cate those studies as a prerequisite to member where I was and what I was tire country because what it focuses on addressing this issue. The Corps doing. is obviously clean drinking water but wouldn’t have to duplicate efforts but I know communities across the coun- also the kinds of infrastructure that could instead build on the good work of try will spend time on this anniversary protect public safety and make com- leaders in the State that had already of 9/11 honoring the lives of the vic- merce and transportation possible. been done, so the Texas coast can get tims, their families, and the friends I commend the leadership of Chair- the protection it needs sooner rather that they left behind, as well as the man INHOFE, the Senator from Okla- than later. first responders and volunteers who put homa, and Ranking Member BOXER, the Fortunately, the Water Resources others before themselves in the wake of Senator from California, for the work Development Act also includes projects so much destruction. they have done getting us this far. that will benefit communities across One way that Congress can honor the In particular, I wanted to mention my State, such as infrastructure im- victims of that day and lend support to the application of this legislation to provements to help reduce flooding, their families is by sending the Justice

VerDate Sep 11 2014 02:30 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.047 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5449 Against Sponsors of Terrorism Act to tures in the various agencies, we kept Oh, no, we don’t want to be in that President Obama’s desk for his signa- receiving these reports about taxpayer position, so let’s make sure we find a ture. This bill would enable Americans money that is wasted through waste, way to spend it. and their family members to pursue fraud, and abuse. We have talked about Anyway, the money is sitting here in justice against those who sponsor acts everything from the ridiculous to the this slush fund called the Nonrecurring of terrorism on the U.S. homeland, really serious in terms of mismanage- Expenses Fund, and it is supposed to be such as that which occurred on Sep- ment, fraud, and waste that has oc- used for one-time expenses that come tember 11, 2001. curred in this Federal Government. up on construction or IT projects and A few months ago this legislation At a time when we cannot begin to they can go to the fund and take some passed unanimously in the Senate. balance our budget, when expenditures money out and use it for specified pur- Again, there is not much legislation keep significantly exceeding revenues poses. Well, all that was fine, I guess. I that passes this body unanimously, but that are coming in no matter how think it should have gone back to the this did. much tax we collect, we find ourselves Treasury. They did put a 5-year limit I believe unanimous passage of this in a situation where we are continuing on it, and if it is still there after 5 bill sends an unmistakable message to borrow and borrow and borrow and years, it is supposed to go back to the that we will combat terrorism with borrow into the trillions and trillions Treasury but instead goes to this fund. every tool we have. Just as impor- and trillions of dollars—a truly Well, along came ObamaCare and all tantly, we will make sure that simple unsustainable rate which will cause of its promises: Don’t worry, it is not justice is available to the victims of great harm to the American people at going to cost you a penny more than terrorist attacks on our soil by not some point, if it hasn’t already. Clear- what is already being paid. If you like ly, it is holding down our ability to erecting any unnecessary roadblocks to your doctor, you can keep your doctor. grow. Clearly, it is putting us in a situ- the pursuit of justice in the courts of Your premiums won’t go up. ation where expenditures on just pay- law. All that was promised to us by the ing interest on the money we have to I understand that the House of Rep- President. After every declarative borrow continues to increase, depriving resentatives will vote on this legisla- thing he said, he added: Period. Not us of the opportunity to address some tion, perhaps as soon as today or to- one penny increase, period. Keep your essential needs, such as infrastructure doctor, period. Done deal, folks. Trust morrow, and I hope they send a similar and basic science. NIH research, the us. message to the victims and their fami- CDC, and others are being squeezed be- lies on this 15th anniversary of 9/11. Well, of course none of that hap- cause we simply don’t have the funds pened. ObamaCare seems to be col- Finally, I hope the President will available without continuing to go into rethink his previous statements ex- lapsing under the weight of its own debt. regulations and rules and operations. pressing an intent to perhaps veto this So this is No. 49. It is one of the more We read every day, almost every week legislation. It makes absolutely no minor ones. Keep tuning in because of an exchange closing, of premiums sense to prevent the families who suf- next week we have a big one coming. skyrocketing. We are in for a very big fered losses as a result of terrorist at- We could come down here almost every tacks on our soils from having their day and talk about something, with surprise this fall. Some of this has been day in court against whoever is respon- the backlog of waste, fraud, and abuse documented about the numbers coming sible. This legislation does not purport documented by agencies that are non- in and the increases in premiums in the to decide who is responsible but merely partisan. They are not Republican. various States that are staggering. removes the impediments under the They are not Democratic. These are People are dropping out, people can’t sovereign immunity act that prevent agencies that just deal with numbers, afford to get in, and on and on it goes. them from even presenting their case they just deal with facts, and they re- In any event, under ObamaCare, as in court. port to us, as Members of the Senate we all remember, when they set it up, It is time we help victims of ter- and the Congress, to make this avail- the Web site didn’t work and people rorism in our country to seek justice, able to the public and to demonstrate couldn’t make the phone calls, so the and it is time that the Justice Against that we could run a much better shop expenditures have been significantly Sponsors of Terrorism Act becomes the here and save the taxpayers a lot of higher than what we were told and law of the land. money. what was projected, and we are talking With that, I yield the floor. Today I want to highlight abuse of a about big money here. So the adminis- Mr. President, I suggest the absence fund that exists within the Department tration thought, well, let’s sort of look of a quorum. of Health and Human Services. It is around, dig around, and maybe we will The PRESIDING OFFICER. The called the Nonrecurring Expenses find a fund somewhere where there is clerk will call the roll. Fund, otherwise known as NEF. ‘‘Non- some excess money we can use to prop The senior assistant legislative clerk recurring expense fund’’ is another up ObamaCare rather than having to proceeded to call the roll. fancy description the Federal Govern- go back to the Congress. Mr. COATS. Mr. President, I ask ment has put out so that nobody can Now, this is money appropriated for a unanimous consent that the order for understand what it is, but we looked specific purpose and not to be used or the quorum call be rescinded. into this and found that the Non- tapped into to pay for some other fail- The PRESIDING OFFICER. Without recurring Expenses Fund is a fund that ing program over here, but, of course, objection, it is so ordered. was created to place money which that didn’t stop the White House from f wasn’t used. There was money appro- doing that. It seems nothing does stop priated by Congress for specific pur- them, including laws passed by the WASTEFUL SPENDING poses, but they didn’t use all of it. In- Congress. Mr. COATS. Mr. President, today I stead of turning it back to the Treas- In any event, they determined that, return to the floor for talk No. 49—49 ury or the taxpayer, they said: Let’s wow, here is a slush fund. Over the weeks of coming to the floor to talk create this fund that we can put this course of 4 years, it had about $1.3 bil- about what we have described as excess money in that hasn’t been used lion in it. So why don’t we just take it? ‘‘waste of the week.’’ We originally for the purpose it was designated. We It breaches the rules, maybe even the started this about 50 weeks ago in this will put it in a fund, and it will be constitutionality of the fact that Con- cycle, with some skipping of weeks there for use for some other purposes. gress appropriates money for specific when we were not in session, trying to Well, you know how government purposes and puts it in specific places, look at ways to make government works: Never return a penny of the and the administration doesn’t have more efficient and effective and to save money that has been allocated to you the right to simply go over there and taxpayer dollars. We set a goal of by the Congress because the next time say: Oh, there is a pot of money over reaching $100 billion. it comes up on an annual basis for your there. It has been sitting there. Even Whether it was the Congressional allocation, Congress may say: Well, though the law says it should expire Budget Office, whether it was the in- they didn’t need all that money, so after 5 years and it has to go back to spectors general overseeing expendi- let’s give them less money next year. the Treasury, we will ignore that and

VerDate Sep 11 2014 02:30 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.049 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5450 CONGRESSIONAL RECORD — SENATE September 8, 2016 take that money, and we will apply it Democrats to actually provide the new volving just the small groups are suc- to pay for some of the bills on funding in the race to find a vaccine. cessful, we will need to provide much ObamaCare. This is simply unacceptable. more funding to cover the costs of ex- And that is exactly what they did. So Last month, I visited Cabo Verde off panding this research to thousands of $1.3 billion was taken from a fund with- the coast of Africa. I saw firsthand the participants. That next step in the out a congressional vote—an abuse of devastating impacts of the Zika virus. Zika clinical trials, if both of these power undermining Congress’s con- Through a Catholic Relief Services pro- candidates that I just mentioned are stitutional authority over appropria- gram, I met with mothers and their in- successful, could cost upward of $100 tions. So here we are adding to our fants suffering from microcephaly, the million to $200 million, beginning as total the $1.3 billion that could have birth defect which causes smaller soon as this January, if these clinical been saved, that was appropriated but brains and other developmental defects trials are successful with small num- not used. It could have been used for in newborns. I was able to meet with bers of human beings. That is a small many things. We are talking about try- two loving mothers: Dunia, the mother amount of money when one considers ing to find ways to pay for Zika fund- of Dara; and Suely, who is the mother that the cost of caring for one infant ing. This is a serious matter. Zika is of Senilson. Both babies were born on born with Zika-caused microcephaly having an impact. We have known June 5, 2016. The first case of will cost potentially up to $10 million that. The opposition here—the Demo- microcephaly associated with the Zika through the life of that baby. crats—have voted three times to pro- virus on Cabo Verde was detected in Six months ago, knowing the imped- hibit us from going forward on that. March, just 6 months after the disease ing and impending threat of Zika once But one of the issues here is the pay- was declared an epidemic in the coun- we entered the warm, mosquito-loving, for that we are under. If we are going try. Now there are more than 7,500 re- hot summer months, fueled further by to start a new program or appropriate ported cases of Zika on Cabo Verde, climate change, President Obama re- more money to a program, we want to and the number continues to grow. quested $1.9 billion in emergency funds find something else to pay for it. Well, Zika is a terrifying virus. It is the from Congress to combat Zika, but in- here is the perfect way to do it, and the only known mosquito-borne virus that stead of approving emergency funding amount of money is more than actu- can cause birth defects and also be sex- at the start of the summer, Repub- ally requested. Mr. President, $1.3 bil- ually transmitted. In addition to licans, unfortunately, did not finish lion could be easily used as a pay-for microcephaly, Zika also has been con- the business that we should have fin- for the Zika problem. That would get nected to neurological effects in indi- ished before they recessed Congress for the CDC and get the States out there viduals of any age, including a link to 7 weeks. Families cancelled their sum- to deal with this very significant and the onset of Guillain-Barre syndrome, mer vacations out of fear, while Repub- difficult problem. But no, nope; it had which can cause paralysis for months. licans made Congress go on a vacation. to go to ObamaCare. It had to sort of One bite from an infected mosquito Meanwhile, cases of Zika on our own once again fill the gap from expendi- could damage the course of a life for- soil, in Puerto Rico, and around the tures that have gone all over the place. ever. world ticked higher and higher. So what we have done is shown that We need only look back a few chap- Whether it is Zika, Ebola, SARS, or this is money that we could have saved ters in our own history books to under- the next global pandemic, we simply the taxpayer or that could have used stand how important it is for humanity cannot treat every global health threat for a better purpose, and under the to find a vaccine for a virus like Zika. like a game of Whac-A-Mole. We need a waste of the week total here, we are In 1953, there were 35,000 annual cases sustainable and comprehensive emer- now adding this $1.3 billion, which of polio in the United States. Mothers gency medical system that is put in brings our total to $240 billion— and fathers all across America were place so we can respond to all emerging $240,785,726,817. It just keeps going up. frightened that their children would be infectious disease threats. Here we are sitting on a total of nearly next to contract the debilitating dis- First, we need a Federal fund that is $241 billion of waste, fraud and abuse. ease. Two U.S. researchers, Dr. Albert readily available for use when a global As I said, fasten your seatbelts, folks; Sabin and Dr. Jonas Salk, were locked disease represents itself. Second, we the next one coming in next week is a in a historic race to develop a safe and need a single person at the White staggering number of documented effective polio vaccine. Fortunately, House responsible for organizing do- waste, fraud and abuse. they were both successful. Today, mestic efforts as well as liaising with Mr. President, with that, I yield the those vaccines have virtually elimi- our international partners in the face floor. nated polio around the world. of an infectious disease pandemic. We I suggest the absence of a quorum. Now, in 2016, millions of parents and did this on Ebola. We should do it for The PRESIDING OFFICER. The dozens of countries around the world every global health threat. clerk will call the roll. are once again praying that the med- The truth is, though, that if on Ebola The senior assistant legislative clerk ical community can be catalyzed to de- we had already had a pandemic re- proceeded to call the roll. velop a solution for today’s global dis- sponse team in place, we probably Mr. MARKEY. Mr. President, I ask ease threat—the Zika virus. could have cut the amount of death unanimous consent that the order for We are fortunate that in today’s new and harm that was done by that disease the quorum call be rescinded. race for a cure, there are at least three by a dramatic amount, but the most The PRESIDING OFFICER. Without leading Zika vaccine candidates. Last important thing we need right now is objection, it is so ordered. month, I toured the laboratories at we need the congressional Republicans f Beth Israel Deaconess Medical Center to stop playing politics and work with in Boston, which is collaborating with Democrats to pass a real and serious ZIKA VIRUS FUNDING Walter Reed Army Institute of Re- response to the Zika crisis, including Mr. MARKEY. Mr. President, we are search. Their vaccine candidate has emergency funding. The fastest way to in a race against time. The number of been found to offer universal protec- do this is for the House to bring a bi- confirmed locally acquired Zika infec- tion against the Zika virus in labora- partisan, Senate-passed $1.1 billion tions in Florida now total 56. In Puerto tory tests. The results were so prom- compromise bill to address the Zika Rico, it is estimated that 50 pregnant ising that the vaccine will be tested in epidemic and bring it up for a vote. We women are infected with Zika each a small group of individuals—human have already passed that through the day. There are now 67 countries and beings—this fall. Senate. House Republicans should just territories around the world reporting There are two other vaccine can- take it up, vote on it, and we will get Zika cases. The Director of the Centers didates also showing positive results. it done. It is only a matter of time be- for Disease Control and Prevention has One is made by the National Institutes fore the fear of local transmission in announced that the agency has ex- of Health and the other by Inovio Phar- Florida becomes the reality for nearly hausted its current funds to combat maceuticals. Both are far enough along every State in this Nation. That is why the Zika virus, but thus far the Repub- that they are already utilizing human immediate funding is a critical compo- licans have refused to work with the subjects, but if the current trials in- nent of the U.S. and global fight

VerDate Sep 11 2014 02:30 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.051 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5451 against the Zika virus. We have the in- Julia. A short time later, Lieutenant seemed to be moving in the right direc- tellectual capacity to develop faster di- Rob Yllescas began his first Active- tion. agnostic tests, efficient vaccines, and Duty assignment on September 10, 2001. As Captain Yllescas made progress, advanced therapeutics with Zika, but The very next day, everything changed he also drew the attention of the what we need now is the financial cer- for Rob, his family, and our Nation. enemy militants. By the fall of 2008, tainty to support this kind of work in America’s military priorities trans- they were coordinating plans to re- an accelerated way. The next pandemic formed dramatically, focusing on a new move this threat to their supply chain. that awaits the global community is mission to combat terrorism. On October 28, 2008, a remotely con- just one frequent flier account away. From the beginning of his military trolled IED was detonated and seri- This crisis demands that Congress pass service, Rob’s commanding officers ously wounded Captain Yllescas as part a Zika funding package as soon as pos- took note of his character and his lead- of a planned assassination attempt. sible. The continuation of vaccine de- ership. One commander said, ‘‘Yllescas Rob was quickly evacuated out of Af- velopment depends on it, our ability to was an extraordinary person to be ghanistan. He was stabilized and moved stop the spread of the virus depends on around. He brought that ‘lead from the to the Bethesda Naval Medical Center it, and the lives of millions of people front’ mentality into his work.’’ outside of Washington, DC. around the world depend on it. Another soldier who served with him Throughout this time at the medical We won the race against polio in the said Rob ‘‘was strong as an ox with a center, Dena remained at his side. Dur- 1950s. With accelerated funding, we smile as big as Nebraska.’’ ing Rob’s second week at Bethesda have the opportunity today with these Over the next several years, life be- Medical Naval Center, President three vaccine candidates and others on came fast-paced for the Yllescas fam- George W. Bush visited him on Novem- the way to find a safe and effective so- ily. Rob deployed to Iraq in 2003 for a ber 10 and personally awarded him the lution to combat Zika by 2018. It is year, and then he returned for a second Purple Heart. Rob’s best day occurred time to recognize the threat to human- deployment in 2005, when the fighting when his daughter Julia entered his kind and the impact such a harmful grew more intense. Returning home to hospital room. Just seeing Julia disease will have on an entire genera- Nebraska in 2006, Rob continued to seemed to ease his mind. tion of children by ensuring our 21st excel in the military, later graduating Ultimately, Rob’s severe leg and head century scientists—our Sabins and from Army Ranger School. Rob wounds were too much to overcome. Salks—have the funding they need to achieved the rank of captain and was CPT Robert Yllescas died on December banish this virus to the history books. assigned to the 6th Squadron of the 4th 1, 2008. A week later, the auditorium in Mr. President, I yield the floor. Cavalry Regiment. He took command Osceola, NE, was filled to capacity The PRESIDING OFFICER. The Sen- of Bravo Troop, known as the with people honoring their hometown ator from Nebraska. Blackfoots. hero. In the time since, Dena and Rob’s f After nearly 2 years of training and mother Barbara have become very ac- earning the respect of his troops, Rob tive in the Gold Star family activities HONORING NEBRASKA’S SOLDIERS learned he would deploy to Afghani- throughout Nebraska. His daughters WHO LOST THEIR LIVES IN COM- stan. Shortly before his deployment, Julia, who is now 15, and Eva, now 8, BAT Rob and Dena welcomed their second are also active in this cause. The two Mrs. FISCHER. Mr. President, I rise daughter, Eva, on February 1, 2008. of them are well known for their beau- to continue my tribute to Nebraska’s Upon arriving in Afghanistan, Captain tiful voices and singing of patriotic heroes and the current generation of Yllescas and Bravo Troop were sta- songs at veterans events. men and women who have given their tioned at Camp Keating. This outpost, For his service to our Nation, CPT lives defending our freedom in Iraq and located in the eastern province of Rob Yllescas earned many military Afghanistan. Each of these Nebraskans Nuristan, was known to many as the decorations. Among the many impor- has a powerful story. most dangerous territory in Afghani- tant badges and decorations he earned, CAPTAIN ROBERT J. YLLESCAS stan. Camp Keating had been under Captain Yllescas was awarded the Today I will reflect upon the life of constant attack since becoming oper- Bronze Star, Purple Heart, Iraq Cam- Army CPT Robert Yllescas of Osceola, ational in 2006. Two prior camp com- paign Medal, Afghanistan Campaign NE. manders had been killed before the Medal, and the Ranger Tab. CPT Rob- Rob’s life began in Guatemala, where Blackfoots arrived. ert Yllescas embodied the pride of his he was born and raised. His mother Once again, Captain Yllescas made State, served his country, and loved his Barbara would often bring young Rob an immediate impact. His lead-from- family. I am honored to tell his story. to Nebraska during visits to her family the-front approach earned the respect I yield the floor. in Osceola. When in Nebraska, Rob of his men and improved the relations The PRESIDING OFFICER. The Sen- made plenty of friends, and he fell in with the local Afghan leaders. Rob car- ator from New Jersey. love with the good life. ried himself with a grace that would f He also met a young girl named calm the nerves of these community Dena, who would one day become his leaders, and he often met with them ZIKA VIRUS FUNDING wife. After graduating high school in unarmed and without that full battle Mr. MENENDEZ. Mr. President, I Guatemala in 1996, Rob moved to Ne- rattle, but his charismatic style and rise to voice my concern as an Amer- braska permanently, and he enrolled at the improved relations quickly became ican and my outrage as a grandfather- the University of Nebraska-Lincoln. He a threat to the enemy forces in the re- to-be about the lack of action to fund also enlisted in the Nebraska Army Na- gion. our response to the Zika epidemic. tional Guard. Rob had always wanted Camp Keating, located in the Zika has come to Miami, FL, and Con- to serve in the military. He hoped to Kamdesh District, was known to Amer- gress needs to step up and provide the become a general one day. With this in ican troops as the ‘‘Tip of the Spear.’’ necessary funds to fight this terrible mind, Rob enrolled in Army ROTC at Al Qaeda and militants moved freely virus. UNL. through this area from safe havens in Zika is like any other national emer- Fate had something else in store for Pakistan. They filtered weapons and gency, and we are a nation that al- Rob during his college years too. He re- ammunition through this region to en- ways—always—responds to emer- connected with Dena. They fell in love, gage with coalition forces throughout gencies. While I am encouraged with were engaged a year later, and were Afghanistan. the news that Republicans are seeing married on July 29, 2000. Rob continued One soldier described his tour at fit to do their job and drop some of the his studies and training, later grad- Camp Keating, saying: ‘‘I was either conditions in their Zika bill, which this uating from UNL in May, 2001, receiv- extremely bored or extremely terri- body has voted down three times al- ing his commission as a second lieuten- fied.’’ For months, Captain Yllescas ready, there is no excuse for any fur- ant in the U.S. Army. and his Blackfoots continued their ther delay—no excuse for doing noth- That August, Rob and Dena wel- focus on improving relations with the ing while Americans face a risk that comed the birth of their first daughter, local Afghan community, and things we have the power to mitigate.

VerDate Sep 11 2014 02:30 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.052 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5452 CONGRESSIONAL RECORD — SENATE September 8, 2016 The alarms have been ringing for progress we should have already made not by me, not by any father, not by months. We knew Zika wasn’t coming, to political obstructionism that has any grandfather, and it should not be but instead of being proactive and pre- prevented us from providing what we ignored by Republicans in Congress. pared for what was about to hit our need to ensure maximum protection. This isn’t for me or my daughter. It is shores, Republicans in Congress chose We need to act now, not tomorrow, not too late for her to take advantage of a to poison our response with rightwing the next day, not next week—now. But vaccine or cure, but it is not too late ideological policy riders that prevented here we are 7 months after the Presi- for other mothers and their children us from appropriately addressing this dent’s original call for an emergency across this country. How can we, in issue. To make matters worse, rather response to Zika and 5 months—long good conscience, not do all we can to than removing these unacceptable pro- before Miami had become ground zero attack this problem as best as we can? visions from the bill, they simply chose for the virus in the continental United My daughter has taken precautions to ignore it entirely and send Congress States—5 months before the first con- and is doing everything possible to pro- on vacation without acting. firmed cases of locally acquired trans- tect herself, but this issue goes beyond Since that time, we have had at least mission occurred and began to spread. the personal aspect of what is hap- 43 instances of locally acquired Zika in My Republican colleagues talk a lot pening in my family, and while having the Miami area and nearly 16,000 lo- about national security, about defend- a child is a moment of great joy, any cally acquired cases in Puerto Rico. In ing this Nation and its people and I woman who is pregnant in Miami—ac- the 50 United States, we now have 3,000 agree with them, but there are many tually, in reality, this knows no limita- total cases, including those that were ways to defend America from the many tions geographically. It will continue acquired outside of the country. Most threats we face, and Zika is one of to spread across the country. It is an frightening for families throughout our them. If we believe what we say about added risk that is very real and should Nation is that we know of at least 1,751 keeping America and Americans safe, be of deep concern to all of us. cases of pregnant women infected with then quickly passing the necessary We want to protect our children. We talked about that in many different di- Zika—a truly devastating diagnosis for funding to defeat Zika is in the per- mensions in different debates, whether everyone involved. sonal security interest of the United Today we have heard from the head States. it is about education or health care, of the National Institutes of Health’s We are dealing with a virus that has and now we are doing something that Infectious Disease Institute that with- tremendous costs. We do not yet know every person who is a father or may be out immediate funding, the current on- all the potential birth defects that a grandfather understands very clearly. going clinical trials into a Zika vac- Zika can cause, and we do not know all Every woman who serves in the Senate and has had a child understands very cine will be forced to shut down—put- the potential effects of microcephaly well the whole emotional process that ting a halt to any real chance we have to a newborn or the life expectancy of goes on, like worrying about that of developing a preventive vaccine in a Zika baby, but the health care costs child, taking care of themselves, hav- the near term. for the 31-year-old mother in Hacken- We, as Democrats, have fought the sack, NJ, who gave birth to the first ing the right nutrition, and doing all opposition to pass the President’s re- Zika baby born in the United States, the prenatal care they have to do so quest for $1.9 billion to battle Zika. In will, no doubt, be staggering—in the they can have a child who is born healthy. May, the Senate, in a bipartisan com- millions of dollars. Women throughout the country are promise, agreed by a vote of 89 to 8 to At the end of the day, protecting our doing their best to protect themselves fund $1.1 billion in response funding, people from an insidious virus that ul- timately can affect the next generation to the extent that they can, but not all but that bipartisan agreement was de- of them have the ability to do some- that is being born is in fact protecting railed in the House of Representatives, thing about it like those of us in this the public. In my mind, it is not ac- where Republicans insisted on adding a Chamber. It is our responsibility, obli- ceptable to play politics with a na- poison pill provision that had nothing gation, and duty to act in the interest tional emergency. We can have all the to do with Zika and everything to do of every family who cannot do what we debates in the world about family plan- with seizing the opportunity to pursue can by simply passing this legislation ning and access to women’s health an anti-family political social agenda and doing it now. that would prohibit family planning care, but we are delaying the possibili- The alarms have been ringing for clinics from getting Zika funds—di- ties of a vaccine being prepared, of months. We knew Zika was coming, rectly impacting the health of women mosquito abatement to limit the popu- but instead of being proactive and pre- in the most high-risk areas at a time lation of infected insects. We are deny- pared for what was about to hit our that we know Zika can be contracted ing care to those women who could be shores, Republican leaders in Congress not only by a bite of a mosquito but by or are infected. We need to act now and chose to ignore the warning signs and sexual intercourse. pass the necessary funding just as we adjourn Congress without acting. Now Every major health organization, do in any national emergency, against we are back and our Nation faces an from the Centers for Disease Control to any threat or any enemy, and Zika is a emergency. We are here. There are no the World Health Organization, to the real and direct threat. excuses. There is no political justifica- American Congress of Obstetricians I can talk from personal experience. tion for inaction. At the end of the day, and Gynecologists, has recommended It has affected my family and me. My lives are at stake and we swore to pro- that the best course of action is to in- daughter lives in Miami. She is now 6 tect every American. I call on my col- crease access to contraception and months pregnant with her first child, leagues in both Chambers to put this family planning services to decrease and I am deeply concerned about her nonsense aside, stop the pointless po- transmission of the virus. health, her well-being and the well- litical posturing, and do your job. Today I call, once again, on the ma- being of my first grandchild. While this We are living in a political season jority leader and the Speaker of the moment is a moment of great joy, that has devolved into a race to the House to address this crisis now. Let’s every young mother already has con- bottom. Let’s not participate in that do our jobs and help keep the American cerns about the normal course of race by letting the rigid, fundamen- people safe, healthy, and secure by ad- events: Will my child be healthy? Will talist social agenda with the most ex- dressing this crisis with everything we my child be safe and free from illness? treme elements in our politics overrule have and all we can provide to women These are normal concerns, but Zika common sense and shared values in the and families who face an emergency adds a new dimension to those normal face of a crisis and danger to America. situation no less important and no less worries, and we could have done some- We know what is right. We know threatening than tornadoes, hurri- thing to stop it if it were not for Re- what we have to do, and now is the canes, wildfires, or superstorms such as publican obstructionism in the House. time to do it. It is with that hope that Sandy. Shame on us that we have not done all we break the shackles of this absurd We need to quickly and decisively re- we could to mitigate the fear that political obstructionist chain that is spond. We are already behind. We have young mothers are feeling, and that holding us back from doing what is lost critical time and sacrificed the fear is palpable. It cannot be ignored, right and necessary.

VerDate Sep 11 2014 02:30 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.054 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5453 I look forward to next week—since it more, which is the economic hub. I was and they benefit from what is done in seems we will be out of session now— there last week visiting the Port of Salisbury Harbor. By way of example, I ultimately addressing the concerns Baltimore. I am there frequently. want to point out to the people I rep- that women and families have across There are tens of thousands of jobs resent in Maryland the important eco- this country. We hear a lot about the there. It is one of the most active ports nomic projects that are very much im- protection of the unborn. Well, this is in our country. It depends on the pacted by the passage of the Water Re- the very essence of being able to pro- WRDA bill for the authorizations of sources Development Act. tect the unborn from an insidious dis- the projects to keep the Port of Balti- The economic impact goes beyond ease that can affect their lives forever. more competitive and able to do the just what we do in our harbors; it also I hope the conscience of the Senate important economic work of our re- involves our shoreline protection. will ultimately move itself to its bet- gion. So for the economic impact that While I was in Ocean City, I visited ter judgment. our ports have on America, and cer- with Mayor Meehan, the mayor of With that, I yield the floor and sug- tainly the Port of Baltimore and Mary- Ocean City, who pointed out to me gest the absence of a quorum. land, this bill is particularly impor- what happened during the last storm. The PRESIDING OFFICER. The tant. We get storms along the East Coast; we clerk will call the roll. I make a point of being in Ocean always get storms. But he pointed out The bill clerk proceeded to call the City, MD, during the Association of to me the impact that the beach re- roll. County Conferences and had a chance nourishment programs have had in Mr. CARDIN. Mr. President, I ask to see firsthand the impact of these re- minimizing damage to property and to unanimous consent that the order for nourishing programs that are impacted the shoreline. We invest in beach re- the quorum call be rescinded. by the WRDA bill. The protection of nourishment as basically an insurance The PRESIDING OFFICER. Without the Chesapeake Bay in my State, the policy against damage that could be objection, it is so ordered. largest estuary in our hemisphere, is much greater. We could have our f very much impacted by this bill. The money back and much more through public health of the people of Maryland the investments we make in beach re- WRDA and indeed our Nation are very much nourishment in the Water Resources Mr. CARDIN. Mr. President, I take impacted by the Water Resources De- Development Act. I can state that peo- this time on the floor to first express velopment Act. ple who have their homes and busi- my appreciation to the leadership for So let me talk specifically about nesses in Ocean City, MD, very much bringing forward the Water Resources what is included in this bill that will appreciate the fact that this Congress Development Act. I know we are going help the people of Maryland and the is paying attention to this issue. to have a chance to vote on cloture on people of our country. First, to the eco- Then I can go to Smith Island. Smith Monday, and I just want to thank the nomic impact—as I said earlier, the Island is the last habitable island in leadership for making the bill available passage of this bill will provide for job Maryland on the Chesapeake Bay. It is for floor time. growth and economic growth in our eroding, and it has serious issues about I also congratulate Senator INHOFE, country. It also will protect our public its sustainability. For the people who the chairman of our committee, and health. The dredging and maintenance live on Smith Island, it is not only Senator BOXER, the ranking Democrat, of our rivers and harbors are para- their homes but part of the history of because I am a proud member of the mount to this. As a result of the pre- our State and Nation that they are pre- Environment and Public Works Com- vious WRDA bills and continuing to serving. We have provided in the mittee that has recommended the this WRDA bill, we in our region are WRDA bill a way that we can do living Water Resources Development Act to able to maintain our channels. We also shorelines so a community like Smith the full Senate. have been able to find locations where Island continues to be safe from the The process that was used by Chair- we can put the dredge material. devastation we are seeing with erosion. man INHOFE and Ranking Member For example, in Maryland we had a I am proud of all those provisions that BOXER is the way the legislative proc- national model for what we did at Pop- are in this WRDA bill that will help us ess should work in the U.S. Senate. We lar Island. Poplar Island was a dis- deal with those issues. had a very open process, where many appearing island in the Chesapeake As I pointed out earlier, the WRDA Members—all of the members of our Bay that was basically all submerged. bill is important for our Chesapeake committee and many other Members of It was an environmental negative. It Bay. The Chesapeake Bay is the largest the Senate—participated in one of the was a liability. Through the use of de- estuary in our hemisphere. I talk about most important bills that we consider posits of dredge material, Poplar Island it frequently on the floor of the U.S. during the congressional session. It has been converted not just to a dredge Senate. It has been declared by many deals with the conservation and devel- site but an environmental restoration presidents as a national treasure. It is opment of our water resources and au- site and has helped very much in deal- a national treasure. We have a com- thorizes the construction projects for ing with the diversity of species that prehensive program in partnership the improvement of rivers and harbors. we find in the Chesapeake Bay region. with the Federal Government and with In other words, this bill very much af- Through WRDA authorizations and ap- the State governments of five States fects every State in the Nation because propriations, we have been able to con- and the District of Columbia. We have it affects our economy, our environ- vert a negative on our environment to a partnership with local governments, ment, clean water, and public health. a positive and at the same time find a with the private sector, and we are It is an extremely important piece of way to use dredge materials to keep making progress. legislation. our harbors open. That is a win-win- In this bill, to give one example, we When we look at the content of this win situation, and it is those types of increased the authorization for oyster bill, we see that the leaders of our com- projects that are included in the Water recovery programs. I was proud to offer mittee were able to work out the right Resources Development Act. this amendment from $60 million to types of compromises so that we don’t But there are many other commu- $100 million, almost doubling the dol- have a contentious bill before the U.S. nities. In Maryland we have the Port of lars that are going to be available for Senate. We have a bill that is focused Baltimore—I talked about that—but oyster recovery programs. Why is that on the purposes of WRDA, to conserve we have a lot of smaller ports and har- important? I think most Members un- and develop our water resources and to bors in Maryland. During the break I derstand that oysters are cash crops. It authorize the construction projects for visited Salisbury, MD. They have a is nice to be able to harvest oysters our rivers and harbors. port. They want to expand their port so and be able to serve them and to use For Maryland this bill is particularly they can not only import products as them as watermen do. So we are in- important. When we look at the WRDA they do, but use it as an export loca- creasing dramatically the number of bill, so many projects and so many op- tion. In Salisbury, they have Chesa- oysters that can be harvested, using portunities in my State are involved. peake Shipbuilding, which is one of the new methods, including ways in which In Maryland we have the Port of Balti- premier shipbuilding facilities we have, we can seed oysters off the bottom, as

VerDate Sep 11 2014 03:09 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.055 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5454 CONGRESSIONAL RECORD — SENATE September 8, 2016 well as on the bottom of the river, and of what happened in Flint, MI, on lead These are all good-news issues. I ap- it is taking. We are seeing our oyster poisoning. We know how tragic that preciate the time and attention given crops increase dramatically, which is was. We know how many families and to this, but I wanted to emphasize that helping the economy of the watermen children were directly impacted by de- this bill is a very important bill. It of Maryland in our region. cisions that were made there. This bill contains issues, as I said, from pro- Oysters are also a filtering agent for does much to deal with the tragedies in tecting our environment to our public the Chesapeake Bay. They cleanse the Flint, but Flint is not unique in the health, to our economy. It is a bill that water. They give us a better quality risk factors to our children on the ex- deserves the strong support of the water in the Chesapeake Bay, which posures to lead. Members of the Senate. I hope my col- helps all species and the future of the I can give Baltimore City as an ex- leagues in the House will also approve Chesapeake Bay. We were down to a ample. The schools in Baltimore City this bill. small percentage of the historic crop of have turned off their water fountains It reflects the hard work and leader- oysters when we started the recovery because it would not be safe for the ship of Senator INHOFE and Senator program. Now that we have been in the children in schools to use the water BOXER and the Environment and Public recovery program, we are recovering a fountains that are there. The pipes Works Committee and many Members significant number of oysters. We are that lead into the schools are contami- of the Senate. I am very proud to sup- not there yet; we have got a lot more nated by lead. The city doesn’t have port this legislation. to do. But this extra Federal help in the resources to replace those pipes I suggest the absence of a quorum. oyster recovery will certainly help in that come in and therefore have closed The PRESIDING OFFICER. The that regard. the water fountains and use bottled clerk will call the roll. Oysters also, by the way, build the water instead. The senior assistant legislative clerk infrastructure for the different species So we have problems in our water in- proceeded to call the roll. frastructure in America as it relates to within the Bay. They actually become Mr. BOOZMAN. Mr. President, I ask the vulnerability of exposure to exces- what the living organisms can live on unanimous consent that the order for sive lead. I think the Presiding Officer and produce the type of food chain nec- the quorum call be rescinded. is aware that there is no acceptable essary for a healthy diversity within The PRESIDING OFFICER. Without level of lead in a child’s blood. We the Chesapeake Bay. So I was particu- objection, it is so ordered. know that lead in the blood of children larly pleased that the committee rec- Mr. BOOZMAN. Mr. President, I ask has an impact on their capacity to ommended my amendment to increase to speak in morning business for up to grow. I will give one example. Freddie our programs for oyster recovery. 10 minutes. Gray, who was tragically killed over a This bill also deals with clean water. The PRESIDING OFFICER. The Sen- year ago in a police incident that In the 111th Congress, when I was chair ator is recognized. caused a disturbance in Baltimore, had of the Water Subcommittee of the En- high levels of lead from his youth in f vironment and Public Works Com- his blood. HONORING CORPORAL BILL mittee, I filed S. 1005, which deals with These are matters we could take COOPER our State revolving funds. Let me ex- steps to correct, and this WRDA bill Mr. BOOZMAN. Mr. President, I rise plain for my colleagues—I think most does exactly that. First, it takes many to honor the service and sacrifice of know—that the State revolving funds of the provisions of the bill that I filed Corporal Bill Cooper of the Sebastian are the major Federal partnership to working with many of my colleagues. County Sheriff’s Office. Corporal Coo- help local governments deal with safe It called for true leadership. We put to- per gave his life in the line of duty on drinking water and clean water. gether many of our ideas on what we August 10, 2016. As a veteran of the Wastewater treatment is done can do to combat lead poisoning. I put U.S. Marine Corps who spent 15 years through State revolving funds. We have that bill together with my colleagues in the Sebastian County Sheriff’s Of- taken some actions in order to mod- and filed that bill with Senator INHOFE fice and 6 years with the Ft. Smith Po- ernize this program. In this WRDA bill, and Senator BOXER’s leadership. We we incorporate many of the elements of were able to incorporate many of those lice Department, Bill Cooper was a true the legislation that I filed that will up- provisions—most of those provisions public servant. date and improve the revolving loan into this WRDA bill that is now before Corporal Cooper was remembered by programs. It makes it much more pre- the U.S. Senate so that we will be able his colleagues as a model law enforce- dictable and flexible for our States, so to give public notice and transparency ment officer who did things the right they can plan their projects accord- when public officials discover an unac- way. He loved the men and women he ingly, which is critically important for ceptably high level of lead in the water worked with, and he exemplified what safe drinking water and economic system. The public will know, and they many in law enforcement aspire to, growth. We expand the eligibility to in- can avoid the risks. which was being an officer who never clude preconstruction, to deal with re- We are providing money for testing failed to show how much he cared placement and rehab, and for the first of schools, testing of childcare centers, about his community. time allow these funds to be used for and individual children. In Maryland As such, he continued to serve long source water protection plans so that every child between 1 and 2 years of after he was eligible to retire. Cooper we actually can make sure we are get- age will be tested to see whether they was also a devoted husband, father, and ting safe water into our water supply. have excessive lead levels in their grandfather who loved his family very, We also allow for the prioritization of blood. There is truly an all-out effort. very much. Last month, Corporal Coo- sustainability, and we provide incen- There is one provision I want to un- per responded to a domestic call in- tives for water efficiency that is cost derscore. There is $300 million in this volving an armed suspect near Hack- saving and uses better technology, so bill so we can secure the last line of ett, AR. The suspect opened fire on that the way we handle our water can pipe coming from the main sources Cooper and Hackett police chief Dar- be done with less leakage, less waste, into homes. There are a lot of individ- rell Spells. less energy, and more efficiency, which uals, families, and low-income families Corporal Cooper was fatally wounded. saves money. who live in homes where the water sys- Chief Spells and Greenwood K–9 officer There is $900 million authorized for tem itself is safe but the pipes that Kina were injured. The suspect later the Water Resources Research Act, and lead into their home produce lead and surrendered and was taken into police I was pleased to offer that to the com- subject their families to lead poi- custody. In a true testament to the im- mittee, and I was pleased it was in- soning. They don’t have the resources pact that Corporal Cooper had on so cluded in the final bill that is before to correct it, and this bill provides a many who served with him or knew the committee. program where low-income families him, he was laid to rest at a funeral Let me talk for a moment about pub- can get help in correcting the pipes service attended by several thousand lic health. The WRDA bill also deals that feed into their house to make sure people, including law enforcement offi- with public health, which is very im- they are lead-free so their children cers from across the State and around portant. I know every Member is aware aren’t susceptible to lead poisoning. the country. His colleagues and friends

VerDate Sep 11 2014 03:09 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.057 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5455 remembered him to have always treat- gress particularly appreciate the high- many years. I have traveled through- ed citizens with respect and dignity, ly technical data and analyses that the out the Commonwealth speaking with while also being a loyal partner and USITC provides to help inform our for- people, learning about the scope of sub- friend. mulation of U.S. trade policy. stance abuse in my State, and working While our hearts break for those who Mr. HATCH. Mr. President, of course, with Kentuckians to combat it. knew him, we also respect and admire the core of the USITC’s success derives A few years ago, I convened a listen- Corporal Cooper for his lifetime of from the agency’s people. For decades service. He truly was someone who ran now, the impressive and skilled com- ing session in northern Kentucky, a re- toward danger in order to protect oth- missioners and staff at the USITC have gion particularly hard hit by this epi- ers. Corporal Cooper was a hero, and driven the agency’s success. We con- demic, to hear from informed Kentuck- today we honor his sacrifice. My gratulate the USITC for reaching this ians in the medical, public health, and thoughts and prayers are with his wife centennial milestone and for accom- law-enforcement fields. I testified be- Ruth, his son Scott, along with many plishing a well-deserved tenure of valu- fore the Senate’s Drug Caucus to share other family members, friends, and col- able and professional service. my findings with my colleagues. leagues in the law enforcement com- f I have also met with the Nation’s Di- munity. RECOGNIZING THE rector of National Drug Control Pol- I humbly and sincerely offer my con- icy—better known as the drug czar— dolences and my gratitude to them as JEFFERSONTOWN POLICE DE- PARTMENT ANGEL PROGRAM and successfully persuaded him to visit they grieve for Bill. Bill was a class- Kentucky to see firsthand the damage Mr. MCCONNELL. Mr. President, I mate of mine at the Northside High done by drugs. His visit and greater have spoken many times on this floor School in Fort Smith. We as a class are Federal funding for law enforcement in about the threat that opioid abuse rep- very, very proud of him for his sac- Kentucky have both been a part of a resents to our country. Rates of sub- rifice, for our safety, but also, and cer- multilayered strategy to stop drug tainly as important, the way he lived stance abuse have been on the rise in trafficking. his life. May we always remember Cor- recent years, and Kentucky has been poral Cooper’s life and legacy of serv- hit particularly hard by this epidemic. I also made it a priority to pass the ice. A recent State report from the Ken- Comprehensive Addiction and Recov- I yield the floor. tucky Office of Drug Control Policy ery Act, or CARA, a bill I was proud to I suggest the absence of a quorum. said that, last year, over 1,200 deaths in see recently signed into law. CARA is a The PRESIDING OFFICER. The the Commonwealth were caused by comprehensive approach to tackling clerk will call the roll. drug abuse. the opioid drug epidemic that bolsters The senior assistant legislative clerk Well, I am glad to share with my col- treatment, prevention and recovery ef- proceeded to call the roll. leagues some good news in the fight forts, and gives law enforcement tools Mr. BOOZMAN. Mr. President, I ask against opioid abuse in Kentucky. This to help those already suffering with ad- unanimous consent that the order for August, I visited with and saw up close diction and help prevent more senseless the quorum call be rescinded. a program that is changing how law en- loss of life. The PRESIDING OFFICER. Without forcement deals with drug addiction, a objection, it is so ordered. program that is saving lives. It is the CARA authorizes new grants for vital, lifesaving programs to help treat f Jeffersontown Angel Program, an ini- tiative spearheaded by the those suffering from drug addiction. It U.S. INTERNATIONAL TRADE Jeffersontown, KY, Police Department. also includes several important policy COMMISSION At the Jeffersontown Police Depart- reforms. It will expand treatment by Mr. HATCH. Mr. President, today the ment, a priority has been placed on giving prescribing authority to nurse U.S. International Trade Commission, getting treatment for folks who re- practitioners and physician assistants or the USITC, is celebrating its 100th quest help for their addiction to opi- to administer medication-assisted anniversary. That makes today an ap- ates by connecting them with local treatments for opioid addiction. It will propriate day for us to acknowledge treatment facilities. In many cases, increase the availability of naloxone, the distinguished service that this those with substance-abuse disorders which can instantly reverse a drug independent and nonpartisan Federal can be taken immediately to a treat- overdose, to law enforcement agencies agency has provided, and continues to ment facility to start their recovery. and other first responders. And it will provide, in the field of international People who abuse drugs can also turn strengthen and enhance prescription trade. over their drugs or drug equipment drug monitoring programs to crack Mr. WYDEN. Mr. President, I concur without being charged with a crime. down on ‘‘doctor shopping.’’ with Senator HATCH and also congratu- The new Jeffersontown Police De- late the USITC on its centennial and partment Angel Program is the first of Substance abuse destroys lives. It in- commend the agency for its service its kind in Kentucky. It is modeled creases crime, rips apart families, and over the last century. after a successful program launched in leaves too many bodies in its wake. I Established by the Congress as the Gloucester, MA, in 2015, which has so want to commend the Jeffersontown U.S. Tariff Commission on September far referred more than 450 people to Police Department for launching the 8, 1916, the agency was reconfigured treatment and produced a 33 percent Angel Program and leading the way in and redesignated as the USITC by the reduction in property crime rates. Kentucky in efforts to battle substance Trade Act of 1974. As mandated by Con- That evidence was enough to con- abuse. With the good work done by the gress, the USITC performs three prin- vince Jeffersontown Police Chief Ken Jeffersontown Police Department, cipal functions: No. 1, fairly and objec- Hatmaker. ‘‘When you can have a 33 along with the continued efforts we are tively administer U.S. trade remedy percent drop in property crime,’’ he doing here in Congress, I believe we can laws within its mandate; No. 2, provide says, ‘‘I’m going to listen.’’ fight back against this scourge of ad- the Congress, the President, and the While the Jeffersontown Police De- diction, and reduce its devastating ef- United States Trade Representative partment remains strenuously com- fects. with independent analysis, informa- mitted to investigating, pursuing, and The Louisville Courier-Journal re- tion, and support concerning matters arresting drug traffickers to the fullest cently published an article describing related to international trade, tariffs, extent of the law, the Angel Program the Jeffersontown Police Department’s and U.S. competitiveness; and No. 3 helps reduce those traffickers’ clientele Angel Program. I ask unanimous con- maintain the Harmonized Tariff Sched- by working to remove the stigma of ad- sent that said article be printed in the ule of the United States. diction and making it easier to access By successfully executing these func- recovery programs. RECORD. tions, the USITC performs a valuable Fighting drug abuse is a cause I have There being no objection, the mate- service to the U.S. Government and the embraced here in the Senate as well, rial was ordered to be printed in the American people. Those of us in Con- and it has been a focus of mine for RECORD, as follows:

VerDate Sep 11 2014 03:09 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.059 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5456 CONGRESSIONAL RECORD — SENATE September 8, 2016 [From The Louisville Courier Journal, Aug. down too. Furthermore, law-enforcement And that’s the tricky part. 25, 2016] agencies would face less strain on their lim- The J-Town Angel Program only facili- J-TOWN’S NEW STRATEGY TO COMBAT ited resources, and be able to concentrate on tates people finding treatment. Funding of ADDICTION serious criminal cases. that treatment remains with the patient and Not only did they find these actions more the medical provider. Some facilities have (By Amanda Beam) compassionate, but also more successful. pledged scholarships to the program, and Sgt. Brittney Garrett wants to save lives So far, roughly 400 people have been re- many others can enroll patients in Medicaid through changing attitudes. ferred to treatment facilities through the or work with them to manage costs if they Her influence can be seen in the waiting Gloucester program. As predicted, drug-re- can’t afford the treatment. area inside the Jeffersontown Police Depart- lated crimes in the surrounding area fell by But funding doesn’t come close to meeting ment, the law-enforcement agency for which more than 30 percent. Costs for treatment the demand. she works. Pamphlets about overcoming sub- also fall far below the price of housing pris- ‘‘If we have people lined up at our door, stance abuse and local addiction support oners, providing another incentive. that’s great,’’ Garrett said. ‘‘But if we can’t groups can be found on most every table ‘‘If you have a choice between a bed in in- take them somewhere because there are no there. carceration, or a bed in treatment, I’m for beds available, no funding for these treat- This lobby welcomes with acceptance, not the bed in treatment,’’ said Jeffersontown ment centers, we’re just turning people away doubt, supporting the revolutionary initia- Police Chief Ken Hatmaker. at that point and doing the opposite of what tive Garrett has embraced. Enforcement still remains important, he we’re wanting to do.’’ It’s called The Angel Program, and it’s re- added. When people break the law, con- Current legislation in Congress called the defining the way law enforcement views drug sequences must be faced. Comprehensive Addiction and Recovery Act addiction. But providing treatment opportunities to could give more money to address these Through cooperation with community those suffering from substance-use disorder broader funding problems for treatment ini- partners, the initiative gives resources to can stop many of the more serious crimes tiatives. But until that occurs, the Angel people searching for sobriety. from happening in the first place, a bal- Program will do its best to continue combat- During their intake hours of 10 a.m. to 6 ancing act between service and enforcement ting the effects of the addiction epidemic one p.m. Monday through Friday, the J-Town PD that Hatmaker has learned to embrace. life at a time. serves as a conduit to connect those who ‘‘That’s what it took for me to buy in was ‘‘We’ve always been counselors and social seek therapy for their addiction with pro- the education,’’ the chief said. ‘‘When you workers as law enforcement, mediating con- viders who can access and provide treatment can have a 33 percent drop in property crime, flict and these types of things, but this is a for their needs. Folks, in most cases, will be I’m going to listen.’’ whole new level,’’ Garrett said. ‘‘We’re enter- immediately taken to a treatment facility to THE IMPACT ing into a new realm.’’ begin their recovery. Changing perceptions isn’t always easy for f People who use can also turn over drugs for law enforcement or those who find them- disposal to the police without fear of re- selves addicted. At times, both face stereo- REMEMBERING SEPTEMBER 11 prisal. types. The program aims to correct these bi- ‘‘The hard part isn’t coming in,’’ Garrett ases and facilitate greater communication Mr. LEAHY. Mr. President, it is hard said of those who enter the station to obtain between the police department and the larg- to believe that 15 years ago this Sun- assistance. ‘‘The hard part is getting through er community. day the Twin Towers fell, smoke from your treatment.’’ ‘‘People tend to believe that (substance- the Pentagon could be seen from miles Certain exclusions do apply. If you have an abuse disorder) is a moral failing, that peo- away, and a plane went down in a active warrant, a felony sex conviction, a ple chose to have a life of destruction, which violent history or are under 18 years old, you Pennsylvania field. For those who lived couldn’t be further from the truth,’’ said through that horrible day, the memory may not qualify. Garrett invites those with Tara Moseley, a recovery advocate and Angel questions to phone the station at (502) 267– Program volunteer. still feels fresh. 0503. Moseley understands the impact of addic- Of course, this is especially true for Since the program’s August 1, 2016 start, tion. For more than five years, the 30-year- those who lost loved ones. This week- seven people have entered the program and old Louisville resident has been in recovery. end, Americans across the country will been placed directly into residential rehab Now, through her work in organizations like gather to remember the thousands of facilities. Young People in Recovery and the Angel No wait lists. No jail. No criminalization of innocent lives that were taken so cal- Program, she tells others with the illness lously and indiscriminately in those their illness. Just help is received. that better days can be in their future. ‘‘We have to find innovative ways to deal ‘‘People need to know there is a way out terrorist attacks. And we remember with the heroin problem,’’ said Garrett, the and that there is hope,’’ she said. ‘‘A pro- the first responders, law enforcement, Angel Program Coordinator. ‘‘A lot of it gram like the Angel Program, they actually intelligence, and military personnel comes down to just being empathetic, com- do all that stuff for you. They’re going to who work every single day to keep our passionate and educated of what we’re deal- help you and take you where you need to go country safe. ing with.’’ and make sure you are in somewhere and it’s This year, we must also take a mo- A NATIONAL SCOURGE right now.’’ ment to remember the spirit that The immediacy of the initiative plays a What J-Town and other communities united us in the days after the attacks. across the nation are dealing with is an epi- key role in its ingenuity. Those seeking as- sistance oftentimes face long wait lists to Americans of all races, religions, and demic. Heroin use continues to rise, and backgrounds stood together in soli- overdoses soar. Jefferson County on average get into residential treatment. Not so with experiences one overdose death each day. the Angel Program. darity to support one another and In addition to health concerns, crime has ‘‘Unfortunately, as it relates to the drugs stand against the cowardice of ter- risen in the town of about 27,000. Increased of choice today, it’s very possible they are rorism. Following the attacks, Presi- thefts, general incidence reports and car ac- risking their lives by waiting on a waiting dent George W. Bush visited a mosque. cidents occur as ramifications of drug use. list,’’ said Jennifer Hancock, president and At a joint session of Congress, he re- Garrett has even seen an uptick in more seri- CEO of Volunteers of America (VOA) Mid- States, a non-profit partner of Angel Pro- minded Americans that ‘‘no one should ous offenses as well. be singled out for unfair treatment or ‘‘Especially on the level of law enforce- gram. ment, when you deal with people with sub- In addition to providing a staff member to unkind words because of their ethnic stance abuse disorder on the street, it’s al- help with the station’s intake center three background or religious faith.’’ In the ways bad. It’s never good. It’s someone com- days a week, VOA also has placed several of years after September 11, our country mitting a crime,’’ Garrett said. the referrals from the program into its fa- did not always live up to those words, ‘‘It’s hard for us to see the human side of cilities. ‘‘It’s important that we strike while the but we must remember the ideals, val- addiction, that you committed a crime be- iron is hot and make sure we’re providing ues, and humanity that sustained us cause of your addiction.’’ them with immediate access. Otherwise . . . through those first dark days. But humanizing those with substance- then they’re waiting without the security In today’s political environment, it is abuse issues is a hallmark of the program’s and safety net of a very structured and ac- creation. easy to lose sight of that common spir- countable program, and it’s extremely com- it. Some are trying hard to divide us. A THE BEGINNING mon that they will continue using.’’ Federal judge has been accused of bias The Gloucester Police Department in Mas- Through several different initiatives that because of his ethnic heritage. Reli- sachusetts established the now national ini- focus on specific populations, VOA maintains tiative in 2015, with the aim of targeting the 185 residential treatment beds in Louisville gious and ideological tests for visitors demand side of the drug problem. Get help and Lexington. More, though, are needed. to the United States are discussed as for those who are addicted so they stop Only additional funding can alleviate the though they are serious policy pro- using, and both supply and crime should go overwhelming demand. posals. The sacrifices of war heroes and

VerDate Sep 11 2014 03:09 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.045 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5457 Gold Star families are belittled. And documented some of them. Ada Rosario VOTE EXPLANATION that is just the beginning. Dolch was the principal of a high ∑ Mr. DURBIN. Mr. President, I was On this 15th anniversary of Sep- school located just two blocks from the necessarily absent from this after- tember 11, we must reject this divisive- World Trade Center. On 9/11, she helped noon’s vote on confirmation of the ness. While Americans will continue to to evacuate 600 students safely; mean- nomination of Peter Michael McKinley mourn the loss of so many on Sep- while, Ada’s sister Wendy Wakeford to be Ambassador Extraordinary and tember 11 and in the wars that fol- was killed. To honor Wendy’s memory, Plenipotentiary of the United States of lowed, we will never lose sight of the Ada helped to build a school in Afghan- America to the Federative Republic of core principles that so many genera- istan that opened in 2005. Brazil. tions of Americans fought to protect. On vote No. 137, had I been present, I Mr. CARDIN. Mr. President, this In 2006, Tad Millinger started the would have voted yea on the McKinley Sunday we will solemnly observe the ‘‘Walk to Raise’’ campaign with high nomination. I hope the Senate will con- 15th anniversary of the 9/11 terrorist school friends Brandon Reinhard, Chad tinue to confirm President Obama’s attacks that killed 2,977 people from 93 Coulter, and Dustin Dean. They walked highly qualified nominees in the weeks different nations and injured more 650 miles from their hometown of ahead.∑ than 6,000 others at the World Trade Rossford, OH, to New York City to Center, the Pentagon, and a field near raise money for the National Sep- f tember 11 Memorial & Museum at the Shanksville, PA. For those of us old BUDGET SCOREKEEPING REPORT enough to remember, the events of that World Trade Center and the Flight 93 horrific day are seared into our memo- National Memorial in Pennsylvania. Mr. ENZI. Mr. President, I submit to ries as if they just happened yesterday. Tad is now a volunteer firefighter and the Senate the budget scorekeeping re- Over 3,000 children lost at least one emergency medical technician in his port for September 2016. The report parent on 9/11. Many of these children hometown. compares current law levels of spend- were too young at the time to com- Sonali Beaven was 5 years old when ing and revenues with the amounts the prehend what was happening or to re- her father, Alan, was killed on Flight Senate agreed to in the budget resolu- member it today, even though they suf- 93. ‘‘My loss is central to my identity,’’ tion for Fiscal Year 2016, the con- fered such a devastating personal loss. Sonali has said. ‘‘In a sense, each ference report to accompany S. Con. According to the Census Bureau, near- choice I’ve made since that day has Res. 11, and the Bipartisan Budget Act of 2015, P.L. 114–74, BBA 15. This infor- ly 59 million Americans have been born been crafted by my experience. But, be- mation is necessary for the Senate since 9/11. Most of these young people cause of my loss and the nature of my Budget Committee to determine learn about 9/11 in school, much the loss, I choose love and life every day. whether budget points of order lie same way an earlier generation of Because of my father and the other against pending legislation. It has been Americans learned about Pearl Harbor. passengers, I can’t let fear limit me. I prepared by the Republican staff of the For those younger Americans who have to take today and every day and Senate Budget Committee and the Con- don’t remember 9/11, I think it is im- try to improve the world we live in and gressional Budget Office, CBO, pursu- portant for them to understand that spread the ideology of love.’’ the attacks did not just test our char- ant to section 308(b) of the Congres- acter; they revealed it. The worst at- There has been resolve. We resolved sional Budget Act, CBA. tack in American history brought out as a nation to bring to justice the peo- This is the sixth report I have made the best in the American people. Amer- ple responsible for 9/11. Roughly 2.5 this calendar year. It is the third re- icans responded with courage and self- million Americans have served in the port since I filed the statutorily re- sacrifice, with charity and compassion wars in Afghanistan and Iraq; despite quired Fiscal Year 2017 enforceable and volunteerism and with resolve. the horrors of war and multiple deploy- budget limits on April 18, 2016, pursu- There were incredible acts of indi- ments, 89 percent of those veterans say ant to section 102 of BBA 15, and the vidual heroism. ‘‘Numerous civilians in they would join the military again. On tenth report I have made since adop- all stairwells, numerous burn [victims] May 2, 2011, Navy SEAL Team Six lo- tion of the Fiscal Year 2016 budget res- are coming down. We’re trying to send cated and killed Osama bin Laden in olution on May 5, 2015. My last filing them down first . . . We’re still head- Abbottabad, Pakistan, in Operation can be found in the CONGRESSIONAL ing up.’’ So said New York City Fire Neptune Spear. The global war on ter- RECORD on June 8, 2016. The informa- Department Captain Patrick ‘‘Paddy’’ ror is far from over, but I am confident tion contained in this report is current Brown, Ladder 3, as he and 11 of his we will prevail. As President Franklin through September 6, 2016. men climbed an emergency stairwell in Delano Roosevelt said in his May 26, Tables 1–7 of this report are prepared the North Tower, making it to the 40th 1940 fireside chat, ‘‘We defend and we by my staff on the Budget Committee. floor before the Tower collapsed. His build a way of life, not for America Only table 1, which tracks compliance remains were recovered 3 months later. alone, but for all mankind.’’ with committee allocations pursuant Three hundred and forty-three mem- What I hope our young people—those to section 302 of the CBA, has changed bers of the New York City Fire Depart- who don’t have a personal memory of 9/ from my previous report due to legisla- tive activity. Of the 16 authorizing ment and 71 law enforcement officers 11—will understand is that, out of committees in the Senate, 14 are in gave their lives while helping evacuate many, we are truly one. That was evi- compliance with their allocation over 25,000 people to safety. dent on 9/11, and it is still true. Our the enforceable 10-year period, Fiscal ‘‘Are you guys ready? Let’s roll.’’—so partisan, political, philosophical, and Year 2017–2026. The two committees not said 32-year Todd Beamer as he and regional differences come to the fore in compliance, the Senate Committee other passengers aboard United Air- during a Presidential campaign. But lines flight 93 rushed the cockpit in an on Energy and Natural Resources and these differences ultimately are attempt to regain control of the jet, the Senate Committee on Environment dwarfed by what binds us together as which the four al-Qaeda hijackers ap- and Public Works, were pushed out of Americans: our hopes for our families, parently intended to crash into the compliance through passage of the our communities, our Nation, and the White House or the U.S. Capitol. The Puerto Rico Oversight, Management world. The best way for all of us to heroism of the flight 93 passengers un- and Economic Stability Act, honor those who died on 9/11 is to re- doubtedly saved thousands of lives here PROMESA, P.L. 114–187, and the Frank member that and act accordingly—cou- in Washington. Todd’s wife, Lisa, was R. Lautenberg Chemical Safety for the rageously, generously, compas- one of at least 17 pregnant women who 21st Century Act, P.L. 114–182, respec- sionately, and with resolve to defend became widows on 9/11; Morgan Kay tively. During this same period, the and promote justice, freedom, and Beamer was born on January 9, 2002. Senate Committee on Commerce, There were incredible acts of charity peace at home and abroad. Science, and Transportation reduced and compassion and volunteerism. The (At the request of Mr. REID, the fol- direct spending by $8 million over the National September 11 Memorial & Mu- lowing statement was ordered to be 10-year period with the passage of the seum at the World Trade Center has printed in the RECORD.) FAA Extension, Safety and Security

VerDate Sep 11 2014 03:09 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.077 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5458 CONGRESSIONAL RECORD — SENATE September 8, 2016 Act of 2016, P.L. 114–190. In total, table Finally, there is one new entry in the TABLE 2.—SENATE APPROPRIATIONS COMMITTEE—EN- 1 shows that authorizing committees enforcement table included at the end ACTED REGULAR DISCRETIONARY APPROPRIATIONS 1— are $502 million in budget authority of this submission, which tracks the Continued and $483 million in outlays above al- Senate’s budget enforcement activity [Budget authority, in millions of dollars] lowable direct spending levels over the on the floor. On June 29, 2016, a 425(a)(2) 10-year window. unfunded-mandate budget point of 2016 Tables 2–7 remain unchanged due to order was raised against PROMESA. Security 2 Nonsecurity 2 the legislative impasse over the Fiscal This point of order was waived through Year 2017 appropriations process. Interior, Environment, and Related a motion from Senator HATCH by a vote Agencies ...... 0 32,159 In addition to the tables provided by of 85–13. Labor, Health and Human Services, the Senate Budget Committee Repub- All years in the accompanying tables Education and Related Agencies ..... 0 162,127 lican staff, I am submitting additional Legislative Branch ...... 0 4,363 are fiscal years. Military Construction and Veterans Af- tables from CBO that I will use for en- I ask unanimous consent that the ac- fairs, and Related Agencies ...... 8,171 71,698 forcement of budget totals agreed to by companying tables be printed in the State Foreign Operations, and Related Programs ...... 0 37,780 the Congress. RECORD. Transportation and Housing and Urban Because legislation can still be en- There being no objection, the mate- Development, and Related Agencies 210 57,091 acted that would have an effect on Fis- rial was ordered to be printed in the Current Level Total ...... 548,091 518,491 cal Year 2016, CBO provided a report RECORD, as follows: Total Enacted Above (+) or Below both for Fiscal Year 2016 and Fiscal (¥) Statutory Limits ...... 0 0 Year 2017. This information is used to TABLE 1.—SENATE AUTHORIZING COMMITTEES—ENACTED 1 This table excludes spending pursuant to adjustments to the discre- enforce aggregate spending levels in DIRECT SPENDING ABOVE (+) OR BELOW (¥) BUDGET tionary spending limits. These adjustments are allowed for certain purposes in section 251(b)(2) of BBEDCA. budget resolutions under section 311 of RESOLUTIONS 2 Security spending is defined as spending in the National Defense budg- the CBA. CBO’s estimates show that [In millions of dollars] et function (050) and nonsecurity spending is defined as all other spending. current law levels of spending for Fis- 2017– 2017– TABLE 3.—SENATE APPROPRIATIONS COMMITTEE— cal Year 2016 exceed the amounts in 2016 2017 2021 2026 last year’s budget resolution by $138.9 ENACTED REGULAR DISCRETIONARY APPROPRIATIONS 1 Agriculture, Nutrition, and For- [Budget authority, in millions of dollars] billion in budget authority and $103.6 estry billion in outlays. Revenues are $155.2 Budget Authority...... 0 0 0 0 Outlays ...... 0 0 0 0 2017 billion below the revenue floor for Fis- Armed Services cal Year 2016 set by the budget resolu- Budget Authority ...... ¥66 0 0 0 Security 2 Nonsecurity 2 tion. As well, Social Security outlays Outlays ...... ¥50 0 0 0 Banking, Housing, and Urban Statutory Discretionary Limits ...... 551,068 518,531 are at the levels assumed for Fiscal Affairs Year 2016, while Social Security reve- Budget Authority...... 0 0 0 0 Amount Provided by Senate Appropriations Subcommittee Outlays ...... 0 0 0 0 Agriculture, Rural Development, and nues are $23 million below levels in the Commerce, Science, and Related Agencies ...... 0 9 Transportation budget. Budget Authority ...... 130 ¥3 ¥33 ¥8 Commerce, Justice, Science, and Re- For Fiscal Year 2017, CBO estimates Outlays ...... 0 ¥3 ¥33 ¥8 lated Agencies ...... 0 0 that current law levels are below the Energy and Natural Resources Defense ...... 45 0 Budget Authority ...... 0 200 365 370 Energy and Water Development ...... 0 0 Fiscal Year 2017 enforcement filing’s Outlays ...... 0 200 365 370 Financial Services and General Govern- Environment and Public Works ment ...... 0 0 allowable budget authority and outlay Budget Authority ...... 2,880 2 72 212 Homeland Security ...... 0 9 aggregates by $974.1 billion and $592.2 Outlays ...... 252 1 57 193 Interior, Environment, and Related billion, respectively. The allowable Finance Agencies ...... 0 0 Budget Authority ...... 365 0 0 0 Labor, Health and Human Services, spending room will be reduced as ap- Outlays ...... 365 0 0 0 Education and Related Agencies ..... 0 24,690 propriations bills for Fiscal Year 2017 Foreign Relations Legislative Branch ...... 0 0 Budget Authority...... 0 0 0 0 Military Construction and Veterans Af- are enacted. Revenues are above the Outlays ...... 0 0 0 0 Homeland Security and Gov- fairs, and Related Agencies ...... 0 60,634 levels assumed in the enforcement fil- ernmental Affairs State Foreign Operations, and Related ing by $200 million in Fiscal Year 2017, Budget Authority...... 0 0 0 0 Programs ...... 0 0 Outlays ...... 0 0 0 0 Transportation and Housing and Urban $410 million over 5 years, and $544 mil- Judiciary Development, and Related Agencies 0 4,400 lion over 10 years. This is the product Budget Authority ...... ¥3,358 ¥9 102 ¥72 Outlays ...... 1,713 ¥9 102 ¥72 Current Level Total ...... 45 89,742 of revenue increases in both Health, Education, Labor, and Total Enacted Above (+) or Below PROMESA, $370 million over 10 years, Pensions (¥) Statutory Limits ...... ¥551,023 ¥428,789 Budget Authority...... 0 0 0 0 and P.L. 114–182, $192 million over 10 Outlays ...... 0 0 0 0 1 This table excludes spending pursuant to adjustments to the discre- years, and an $18 million reduction in Rules and Administration tionary spending limits. These adjustments are allowed for certain purposes Budget Authority...... 0 0 0 0 in section 251(b)(2) of BBEDCA. revenues over 10 years from the Com- Outlays ...... 0 0 0 0 2 Security spending is defined as spending in the National Defense budg- prehensive Addiction and Recovery Act Intelligence et function (050) and nonsecurity spending is defined as all other spending. Budget Authority...... 0 0 0 0 of 2016, CARA, P.L. 114–198. Finally, So- Outlays ...... 0 0 0 0 cial Security outlays are at the levels Veterans’ Affairs TABLE 4.—SENATE APPROPRIATIONS COMMITTEE—EN- Budget Authority ...... ¥2 0 0 0 assumed in the Fiscal Year 2017 en- Outlays ...... 388 0 0 0 ACTED OVERSEAS CONTINGENCY OPERATIONS/GLOBAL forcement filing, but the enactment of Indian Affairs WAR ON TERRORISM DISCRETIONARY APPROPRIATIONS Budget Authority...... 0 0 0 0 CARA reduced Social Security reve- Outlays ...... 0 0 0 0 [In millions of dollars] nues by $6 million over 10 years. Small Business Budget Authority...... 0 0 0 0 2016 CBO’s report also provides informa- Outlays ...... 1 0 0 0 tion needed to enforce the Senate’s BA OT pay-as-you-go rule. As part of the Fis- Total Budget Authority ... ¥51 190 506 502 1 cal Year 2017 enforcement filing, the Outlays ...... 2,669 189 491 483 OCO/GWOT Allocation ...... 73,693 32,079 Senate’s pay-as-you-go scorecard was Amount Provided by Senate Appropriations Subcommittee reset to zero. Since my last filing, leg- Agriculture, Rural Development, and TABLE 2.—SENATE APPROPRIATIONS COMMITTEE— Related Agencies ...... 0 0 islative activity has resulted in an in- ENACTED REGULAR DISCRETIONARY APPROPRIATIONS 1 Commerce, Justice, Science, and Re- crease in the deficit of $81 million over lated Agencies ...... 0 0 [Budget authority, in millions of dollars] Defense ...... 58,638 27,354 the Fiscal Year 2016–2021 period, but Energy and Water Development ...... 0 0 deficit reduction of $61 million over the 2016 Financial Services and General Govern- ment ...... 0 0 Fiscal Year 2016–2026 period. Over the 2 2 Security Nonsecurity Homeland Security ...... 160 128 initial 6-year period, Congress has en- Interior, Environment, and Related acted legislation that increased out- Statutory Discretionary Limits ...... 548,091 518,491 Agencies ...... 0 0 lays by $491 million and revenues by Amount Provided by Senate Appropriations Subcommittee Labor, Health and Human Services, Agriculture, Rural Development, and Education and Related Agencies ..... 0 0 $410 million. Over the 11-year period, Related Agencies ...... 0 21,750 Legislative Branch ...... 0 0 outlays were increased by $483 million Commerce, Justice, Science, and Re- Military Construction and Veterans Af- lated Agencies ...... 5,101 50,621 fairs, and Related Agencies ...... 0 0 and revenues by $544 million. The Sen- Defense ...... 514,000 136 State Foreign Operations, and Related ate’s pay-as-you-go rule is enforced by Energy and Water Development ...... 18,860 18,325 Programs ...... 14,895 4,597 Financial Services and General Govern- Transportation and Housing and Urban section 201 of S. Con. Res. 21, the Fiscal ment ...... 44 23,191 Development, and Related Agencies 0 0 Year 2008 budget resolution. Homeland Security ...... 1,705 39,250

VerDate Sep 11 2014 05:55 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.079 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5459 TABLE 4.—SENATE APPROPRIATIONS COMMITTEE—EN- TABLE 6.—SENATE APPROPRIATIONS COMMITTEE—EN- U.S. CONGRESS, ACTED OVERSEAS CONTINGENCY OPERATIONS/GLOBAL ACTED CHANGES IN MANDATORY SPENDING PROGRAM CONGRESSIONAL BUDGET OFFICE, WAR ON TERRORISM DISCRETIONARY (CHIMP) TO THE CRIME VICTIMS FUND Washington, DC, September 8, 2016. Hon. MIKE ENZI, APPROPRIATIONS—Continued [Budget authority, millions of dollars] Chairman, Committee on the Budget, [In millions of dollars] 2016 U.S. Senate, Washington, DC. DEAR MR. CHAIRMAN: The enclosed report 2016 Crime Victims Fund (CVF) CHIMP Limit for Fiscal Year shows the effects of Congressional action on 2016 ...... 10,800 BA OT the fiscal year 2016 budget and is current Senate Appropriations Subcommittees through September 6, 2016. This report is Current Level Total ...... 73,693 32,079 Agriculture, Rural Development, and Related Agencies 0 submitted under section 308(b) and in aid of Total OCO/GWOT Spending vs. Commerce, Justice, Science, and Related Agencies ...... 9,000 Budget Resolution ...... 0 0 Defense ...... 0 section 311 of the Congressional Budget Act, Energy and Water Development ...... 0 as amended. BA = Budget Authority; OT = Outlays. Financial Services and General Government ...... 0 The estimates of budget authority, out- 1 This allocation may be adjusted by the Chairman of the Budget Com- Homeland Security ...... 0 mittee to account for new information, pursuant to section 3102 of S. Con. Interior, Environment, and Related Agencies ...... 0 lays, and revenues are consistent with the Res. 11, the Concurrent Resolution of the Budget for Fiscal Year 2016. Labor, Health and Human Services, Education and Re- technical and economic assumptions of S. lated Agencies ...... 0 Legislative Branch ...... 0 Con. Res. 11, the Concurrent Resolution on TABLE 5.—SENATE APPROPRIATIONS COMMITTEE—EN- Military Construction and Veterans Affairs, and Related the Budget for Fiscal Year 2016. Agencies ...... 0 Since our last letter dated June 8, 2016, the ACTED CHANGES IN MANDATORY SPENDING PROGRAMS State Foreign Operations, and Related Programs ...... 0 (CHIMPS) Transportation and Housing and Urban Development, Congress has not cleared any legislation for and Related Agencies ...... 0 the President’s signature that has signifi- [Budget authority, millions of dollars] Current Level Total ...... 9,000 cant effects on budget authority, outlays, or 2016 Total CVF CHIMP Above (+) or Below (¥) Budget revenues in fiscal year 2016. Resolution ...... ¥1,800 Sincerely, CHIMPS Limit for Fiscal Year 2016 ...... 19,100 KEITH HALL. Senate Appropriations Subcommittees TABLE 7.—SENATE APPROPRIATIONS COMMITTEE—EN- Enclosure. Agriculture, Rural Development, and Related Agencies 600 ACTED CHANGES IN MANDATORY SPENDING PROGRAMS TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPEND- Commerce, Justice, Science, and Related Agencies ...... 9,458 (CHIMPS) Defense ...... 0 ING AND REVENUES FOR FISCAL YEAR 2016, AS OF Energy and Water Development ...... 0 [Budget authority, millions of dollars] SEPTEMBER 6, 2016 Financial Services and General Government ...... 725 Homeland Security ...... 176 2017 [In billions of dollars] Interior, Environment, and Related Agencies ...... 28 CHIMPS Limit for Fiscal Year 2017 ...... 19,100 Labor, Health and Human Services, Education and Re- Current lated Agencies ...... 6,799 Senate Appropriations Subcommittees Level Budget Current Over/Under Legislative Branch ...... 0 a Agriculture, Rural Development, and Related Agencies 0 Resolution Level (¥) Military Construction and Veterans Affairs, and Related Commerce, Justice, Science, and Related Agencies ...... 0 Resolution Agencies ...... 0 Defense ...... 0 State Foreign Operations, and Related Programs ...... 0 Energy and Water Development ...... 0 Financial Services and General Government ...... 0 On-Budget Transportation and Housing and Urban Development, Budget Authority ...... 3,069.8 3,208.7 138.9 and Related Agencies ...... 0 Homeland Security ...... 0 Interior, Environment, and Related Agencies ...... 0 Outlays ...... 3,091.2 3,194.9 103.6 Revenues ...... 2,676.0 2,520.7 ¥155.2 Current Level Total ...... 17,786 Labor, Health and Human Services, Education and Re- lated Agencies ...... 0 Off-Budget ¥ b Total CHIMPS Above (+) or Below ( ) Budget Legislative Branch ...... 0 Social Security Outlays 777.1 777.1 0.0 Resolution ...... ¥1,314 Military Construction and Veterans Affairs, and Related Social Security Revenues 794.0 794.0 0.0 Agencies ...... 0 State Foreign Operations, and Related Programs ...... 0 Source: Congressional Budget Office. Transportation and Housing and Urban Development, a Excludes emergency funding that was not designated as an emergency and Related Agencies ...... 0 requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985. Current Level Total ...... 0 b Excludes administrative expenses paid from the Federal Old-Age and Total CHIMPS Above (+) or Below (¥) Budget Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Resolution ...... ¥19,100 Fund of the Social Security Administration, which are off-budget, but are appropriated annually. TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2016, AS OF SEPTEMBER 6, 2016 [In millions of dollars]

Budget Authority Outlays Revenues

Previously Enacted: a Revenues ...... n.a. n.a. 2,676,733 Permanents and other spending legislation ...... 1,968,496 1,902,345 n.a. Appropriation legislation ...... 0 500,825 n.a. Offsetting receipts ...... ¥784,820 ¥784,879 n.a. Total, Previously Enacted ...... 1,183,676 1,618,291 2,676,733 Enacted Legislation: An act to extend the authorization to carry out the replacement of the existing medical center of the Department of Veterans Affairs in Denver, Colorado, to authorize transfers of amounts to carry out the replacement of such medical center, and for other purposes (P.L. 114–25) ...... 0 20 0 Defending Public Safety Employees’ Retirement Act & Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (P.L. 114–26) ...... 0 0 0 Trade Preferences Extension Act of 2015 (P.L. 114–27) ...... 445 175 ¥766 Steve Gleason Act of 2015 (P.L. 114–40) ...... 5 5 0 Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114–41) b ...... 0 0 99 Continuing Appropriations Act, 2016 (P.L. 114–53) ...... 700 775 0 Airport and Airway Extension Act of 2015 (P.L. 114–55) ...... 130 0 0 Department of Veterans Affairs Expiring Authorities Act of 2015 (P.L. 114–58) ...... ¥2 368 0 Protecting Affordable Coverage for Employees Act (P.L. 114–60) ...... 0 0 40 Bipartisan Budget Act of 2015 (P.L. 114–74) ...... 3,424 4,870 269 Recovery Improvements for Small Entities After Disaster Act of 2015 (P.L. 114–88) ...... 0 1 0 National Defense Authorization Act for Fiscal Year 2016 (P.L. 114–92) ...... ¥66 ¥50 0 Fixing America’s Surface Transportation Act (P.L. 114–94) ...... 2,880 252 471 Federal Perkins Loan Program Extension Act of 2015 (P.L. 114–105) ...... 269 269 0 Consolidated Appropriations Act, 2016 (P.L. 114–113) b ...... 2,008,016 1,563,177 ¥156,107 Patient Access and Medicare Protection Act (P.L. 114–115) ...... 32 32 0 Trade Facilitation and Trade Enforcement Act of 2015 (P.L. 114–125) ...... 20 20 ¥7 Total, Enacted Legislation ...... 2,015,853 1,569,914 ¥155,996 Entitlements and Mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... 9,170 6,674 0 Total Current Level c ...... 3,208,699 3,194,879 2,520,737 Total Senate Resolution d ...... 3,069,829 3,091,246 2,675,967 Current Level Over Senate Resolution ...... 138,870 103,633 n.a. Current Level Under Senate Resolution ...... n.a. n.a. 155,230 Source: Congressional Budget Office. Notes: n.a. = not applicable; P.L. = Public Law. a *Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during this session, but before the adoption of S. Con. Res. 11, the Concurrent Resolution on the Budget for Fiscal Year 2016; the Terrorism Risk Insurance Program Reauthorization Act of 2014 (P.L. 114–1); the Department of Homeland Security Appropriations Act, 2015 (P.L. 114–4); and the Medicare Access and CHIP Reauthorization Act of 2015 (P.L. 114– 10). b Emergency funding that was not designated as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall not count for certain budgetary enforcement pur- poses. These amounts, which are not included in the current level totals, are as follows:

VerDate Sep 11 2014 06:15 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.049 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5460 CONGRESSIONAL RECORD — SENATE September 8, 2016

Budget Au- thority Outlays Revenues

Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114–41) ...... 0 917 0 Consolidated Appropriations Act, 2016 (P.L. 114–113) ...... ¥2 0 0 Total ...... ¥2 917 0

c For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the resolution, as approved by the Senate, does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level does not include these items. d Periodically, the Senate Committee on the Budget revises the budgetary levels in S. Con. Res. 11, pursuant to various provisions of the resolution. The Initial Senate Resolution total below excludes $6,872 million in budget authority and $344 million in outlays assumed in S. Con. Res. 11 for disaster-related spending. The Revised Senate Resolution total below includes amounts for disaster-related spending: Budget Authority Outlays Revenues

Initial Senate Resolution: ...... 3,032,343 3,091,098 2,676,733 Revisions: Pursuant to section 311 of the Congressional Budget Act of 1974 and section 4311 of S. Con. Res. 11 ...... 445 175 ¥766 Pursuant to section 311 of the Congressional Budget Act of 1974 and S. Con. Res. 11 ...... 700 700 0 Pursuant to section 311 of the Congressional Budget Act of 1974 and S. Con. Res. 11 ...... 0 1 0 Pursuant to section 311 of the Congressional Budget Act of 1974 and section 4313 of S. Con. Res. 11 ...... 269 269 0 Pursuant to section 311 of the Congressional Budget Act of 1974 and section 3404 of S. Con. Res. 11 ...... 36,072 ¥997 0 Revised Senate Resolution ...... 3,069,829 3,091,246 2,675,967

U.S. CONGRESS, section 311 of the Congressional Budget Act, cant effects on budget authority, outlays, or CONGRESSIONAL BUDGET OFFICE, as amended. revenues: Frank R. Lautenberg Chemical Washington, DC, September 8, 2016. The estimates of budget authority, out- Safety for the 21st Century Act (Public Law Hon. MIKE ENZI, lays, and revenues are consistent with the 114–182); Puerto Rico Oversight, Manage- Chairman, Committee on the Budget, allocations, aggregates, and other budgetary ment. and Economic Stability Act (Public U.S. Senate, Washington, DC. levels printed in the Congressional Record on Law 114–187); Federal Aviation Administra- April 18, 2016, pursuant to section 102 of the tion Reauthorization Act of 2016 (Public Law DEAR MR. CHAIRMAN: The enclosed report Bipartisan Budget Act of 2015 (Public Law 114–190); and Comprehensive Addiction and shows the effects of Congressional action on 114–74). Recovery Act of 2016 (Public Law 114–198). the fiscal year 2017 budget and is current Since our last letter dated June 8, 2016, the Sincerely, through September 6, 2016. This report is Congress has cleared and the President has KEITH HALL, Director. submitted under section 308(b) and in aid of signed the following acts that have signifi- Enclosure. TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPENDING AND REVENUES FOR FISCAL YEAR 2017, AS OF SEPTEMBER 6, 2016 [In billions of dollars]

Current Level Budget Current Over/Under (¥) Resolution Level Resolution

On-Budget: Budget Authority ...... 3,212.4 2,238.2 ¥974.1 Outlays ...... 3,219.2 2,627.0 ¥592.2 Revenues ...... 2,682.0 2,682.2 0.2 Off-Budget: Social Security Outlays a ...... 805.4 805.4 0.0 Social Security Revenues ...... 826.1 826.1 0.0 Source: Congressional Budget Office. a Excludes administrative expenses paid from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund of the Social Security Administration, which are off-budget, but are appropriated an- nually. TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CUR- TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CUR- TABLE 3.—SUMMARY OF THE SENATE PAY-AS-YOU-GO RENT LEVEL REPORT FOR ON-BUDGET SPENDING AND RENT LEVEL REPORT FOR ON-BUDGET SPENDING AND SCORECARD FOR THE 114TH CONGRESS, AS OF SEP- REVENUES FOR FISCAL YEAR 2017, AS OF SEPTEMBER REVENUES FOR FISCAL YEAR 2017, AS OF SEPTEMBER TEMBER 6, 2016—Continued 6, 2016 6, 2016—Continued [In millions of dollars] [In millions of dollars] [In millions of dollars] 2016–2021 2016–2026 Budget Budget Outlays Revenues Authority Outlays Revenues Authority Transnational Drug Trafficking Act of 2015 (P.L. 114–154) ...... * * Current Level Under A bill to direct the Administrator of Gen- Previously Enacted: eral Services, on behalf of the Archi- Revenues ...... n.a. n.a. 2,681,976 Senate Resolu- tion ...... 974,143 592,231 n.a. vist of the United States, to convey Permanents and other certain Federal property located in the spending legislation ... 2,054,886 1,960,659 n.a. Memorandum: State of Alaska to the Municipality of Appropriation legislation 0 504,803 n.a. Revenues, 2017–2026: Anchorage, Alaska (P.L. 114–161) ..... * * Offsetting receipts ...... ¥834,250 ¥834,301 n.a. Senate Current Level ...... n.a. n.a. 32,351,296 To take certain Federal lands located in Senate Resolution ...... n.a. n.a. 32,350,752 Lassen County, California, into trust Total, Previously En- for the benefit of the Susanville In- acted ...... 1,220,636 1,631,161 2,681,976 Current Level Over dian Rancheria, and for other pur- Enacted Legislation: Senate Resolu- poses (P.L. 114–181) ...... * * Frank R. Lautenberg tion ...... n.a. n.a. 544 Frank R. Lautenberg Chemical Safety for Chemical Safety for Current Level Under the 21st Century Act (P.L. 114–182) ¥5 1 the 21st Century Act Senate Resolu- FOIA Improvement Act of 2016 (P.L. (P.L. 114–182)...... 2 1 0 tion ...... n.a. n.a. n.a. 114–185) ...... * * Puerto Rico Oversight, Fraud Reduction and Data Analytics Act Management, and Eco- Source: Congressional Budget Office. Notes: n.a. = not applicable; P.L. = Public Law. of 2015 (P.L. 114–186) ...... * * nomic Stability Act a Puerto Rico Oversight, Management, and (P.L. 114–187) ...... 200 200 200 For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the budget resolution does not include budget authority, out- Economic Stability Act (P.L. 114– Federal Aviation Adminis- 187) f ...... 0 0 tration Reauthorization lays, or revenues for off-budget amounts. As a result, current level does not include these items. FAA Extension, Safety, and Security Act Act of 2016 (P.L. 114– of 2016 (P.L. 114–190) ...... ¥33 ¥8 190) ...... ¥3 ¥3 0 Venezuela Defense of Human Rights and Comprehensive Addiction TABLE 3.—SUMMARY OF THE SENATE PAY-AS-YOU-GO Civil Society Extension Act of 2016 and Recovery Act of (P.L. 114–194) ...... * * 2016 (P.L. 114–198) .. ¥9 ¥9 0 SCORECARD FOR THE 114TH CONGRESS, AS OF SEP- United States Semiquincentennial Com- TEMBER 6, 2016 mission Act of 2016 (P.L. 114–196) .. * * Total, Enacted Leg- [In millions of dollars] Comprehensive Addiction and Recovery islation ...... 190 189 200 Act of 2016 (P.L. 114–198) ...... 199 ¥54 Entitlements and Mandatories: Making Electronic Government Account- Budget resolution esti- 2016–2021 2016–2026 able By Yielding Tangible Efficiencies mates of appropriated Act of 2016 (P.L. 114–210) ...... * * entitlements and other Beginning Balance a ...... 0 0 John F. Kennedy Centennial Commission mandatory programs .. 1,017,381 995,610 0 Enacted Legislation: bcd Act (P.L. 114–215) ...... * * Total Current Level a ...... 2,238,207 2,626,960 2,682,176 Breast Cancer Awareness Commemora- A bill to reauthorize and amend the Na- Total Senate Resolution .. 3,212,350 3,219,191 2,681,976 tive Coin Act (P.L. 114–148) c ...... 0 0 tional Sea Grant College Program Act, Protect and Preserve International Cul- and for other purposes (P.L. 114– Current Level Over tural Property Act (P.L. 114–151) ...... * * 216) ...... * * Senate Resolu- Defend Trade Secrets Act of 2016 (P.L. tion ...... n.a. n.a. 200 114–153) ...... * * Current Balance ...... 81 ¥61

VerDate Sep 11 2014 05:55 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.057 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5461 TABLE 3.—SUMMARY OF THE SENATE PAY-AS-YOU-GO Notes: n.e. = not able to estimate; P.L. = Public Law; FOIA = Freedom of f EO estimates that P.L. 114–187 will cause an increase in spending over Information Act; FAA = Federal Aviation Administration; * = between the six-year and eleven-year periods but would also increase revenues by the SCORECARD FOR THE 114TH CONGRESS, AS OF SEP- ¥$500,000 and $500,000. same amount over the same periods resulting in a net effect on the deficit TEMBER 6, 2016—Continued a Pursuant to the statement printed in the Congressional Record on April of zero over the six-year and eleven-year periods. 18, 2016, the Senate Pay-As-You-Go Scorecard was reset to zero. [In millions of dollars] b The amounts shown represent the estimated impact of the public laws on the deficit. Negative numbers indicate an increase in the deficit; positive 2016–2021 2016–2026 numbers indicate a decrease in the deficit. c Excludes off-budget amounts. Memorandum: d Excludes amounts designated as emergency requirements. Changes to Revenues ...... 410 544 e CBO estimates that P.L. 114–148 will cause a decrease in spending of Changes to Outlays ...... 491 483 $7 million in 2018 and an increase in spending of $7 million in 2020, re- sulting in a net effect on the deficit of zero over the six-year and eleven- Source: Congressional Budget Office. year periods. ENFORCEMENT REPORT OF LEGISLATION POST-BIPARTISAN BUDGET ACT OF 2015 ENFORCEMENT FILING

Vote Date Measure Violation Motion to Waivee Result

53 April 19, 2016 ...... S. Amdt. 3787 (Sen. Paul, R–KY) to S. Amdt. 2953 to S. 2012 311(a)(2)(B)—Revenues reduced below levels Sen. Paul (R–KY) ...... 33–64, Not Waived (Energy Policy Modernization Act of 2015). assumed in the budget resolution a. 76 May 19, 2016 ...... S. Amdt. 3900 (Sen. Blunt, R–MO) to S. Amdt. 3896 to H.R. 314(e)—Inclusion of emergency designations Sen. Collins (R–ME) ...... 70–28, Waived 2577 (Transportation, Housing and Urban Development Appro- pursuant to Sec. 251 of BBEDCA b. priations Act of 2017). 79 May 19, 2016 ...... S. Amdt. 4039 (Sen. McCain, R–AZ) to S. Amdt. 3896 to H.R. 314(e)—Inclusion of emergency designations Sen. McCain (R–AZ) ...... 84–14, Waived 2577 (Transportation, Housing and Urban Development Appro- pursuant to Sec. 251 of BBEDCA c. priations Act of 2017). 115 June 29, 2016 ...... House Amendment to S. 2328, the vehicle for the Puerto Rico 425(a)(2)—Unfunded intergovernmental man- Sen. Hatch (R–UT) ...... 85–13, Waived Oversight, Management, and Economic Stability Act date in excess of limit d. (PROMESA).

a At the time of consideration, a point estimate was unavailable for the Paul amendment. However, it was estimated that it would decrease revenues below the levels assumed in the budget resolution. b This amendment designated $1.1 billion in outlays as being for emergency purposes. This funding, which was not offset, would be used to combat the Zika virus. c This amendment designated $7.7 billion in outlays as being for emergency purposes. This funding, which was not offset, would be used to extend the Veterans Choice Program. d In its estimate for PROMESA, the Congressional Budget Office found that the bill would impose a number of mandates on the territorial government of Puerto Rico and its instrumentalities. The costs of these mandates on public enti- ties would exceed the annual threshold in UMRA for intergovernmental mandates ($77 million in 2016, adjusted annually for inflation). e Unless otherwise noted, the motion to waive was offered pursuant to section 904 of the Congressional Budget Act of 1974.

LAUNCH OF THE OSIRIS-REX origins of our universe and galaxy it Sciences, SOBS, Initiative. Further- SPACE CRAFT will provide. The samples that the mis- more, I applaud UA, NASA, and Lock- Mr. MCCAIN. Mr. President, I am sion will bring back will help begin to heed Martin for helping maintain U.S. proud to come to the Senate floor to answer some of the most profound and leadership in near-Earth space, par- call attention and to honor the OSI- fundamental questions that have in- ticularly at a time when the inter- RIS-REx spacecraft, which is scheduled trigued mankind since the beginning. national community is showing a high to launch from Cape Canaveral, FL, to- The OSIRIS-REx mission is funded interest in moving into this arena. night at 7 p.m. by NASA and led by UA from my own I wish the OSIRIS-REx team the best In the finest traditions of space ex- great State of Arizona. I would like to of luck for a successful launch. As the ploration, this spacecraft will journey congratulate UA president Ann Weaver OSIRIS-REx countdown clock that has on a 7-year roundtrip mission to an as- Hart and former president Robert been hanging in my office for the last teroid that NASA has classified as ‘‘po- Shelton for championing space explo- year gets very close to zero, I look for- tentially hazardous’’ to Earth—to com- ration; Dr. Dante Lauretta of the UA ward to tuning in to NASA TV to plete a survey and return to Earth with Lunar and Planetary Laboratory for watch history being made. the largest sample of extraterrestrial his leadership as principal investi- Thank you. material since the Apollo lunar mis- gator; and his team, for bringing this f exciting mission to the launch stage. I sions. HONORING CHARLES WATERBURY This program will yield insights into understand that under the leadership asteroid composition and how asteroids of the late Dr. Michael Drake and Dr. Ms. AYOTTE. Mr. President, today I move in space. The truth is that, de- Lauretta, UA has been working on this wish to recognize the exceptional serv- spite the potential for large asteroids concept for the last 15 years. ice and the extraordinary life of New to impact the Earth in catastrophic I would also like to acknowledge the Hampshire firefighter Charles ‘‘Char- ways, we still know relatively little other project partners, which include lie’’ Waterbury of Orford, NH. about them. The OSIRIS-REx mission NASA’s Goddard Space Center; Lock- Born and raised in Orford, Charlie will shed light onto both their physical heed Martin, which built the spacecraft graduated from Orford High School in and chemical properties, which is in- bus on which the various science in- 1978. Following graduation, Charlie en- formation that will be critical for pre- struments are mounted; Arizona State listed in the U.S. Army and served for dicting their movements and designing University, which built an instrument 4 years. After returning home, Charlie strategies to prevent catastrophic as- on the spacecraft that will investigate continued to serve his country and teroid impacts to the Earth, as well as mineral abundances and provide tem- joined the New Hampshire Army Na- aid in the commercial exploitation of perature information; KinetX Aero- tional Guard. After 20 years of dedi- near-earth objects. space; Massachusetts Institute of Tech- cated service to our State and our Na- The most unique aspect of the OSI- nology; and United Launch Alliance tion, Charlie rose to the rank of E–5 RIS-REx mission is the large and pris- I also appreciate our international sergeant. tine sample of the asteroid that will be collaborators, including, the Canadian Demonstrating his commitment to brought back to Earth, which will Space Agency and the Centre national service, Charlie was a devoted member allow scientists to examine the com- d’e´tudes spatiales, CNES, i.e., the of the Orford community and known position of an asteroid using instru- French Government space agency. for his willingness to step up whenever ments and techniques that are far more This mission is the latest of a long help was needed. Prior to becoming a advanced than what could be done in list of achievements by UA and its firefighter, Charlie served his home- space. Scientists from the University globally recognized space scientists. In town as a member of the town budget of Arizona, UA, will also examine the fact, UA scientists have collaborated in advisory committee, as a town tree sample for the resources that could be every single American mission to the warden, and, impressively, as a road mined from asteroids in the future, Moon and contributed to every mission agent for 17 years. such as precious metals. Interestingly, to Mars since 1964, including serving as Ten years ago, Charlie joined the all- medium- to large-sized space rocks the lead on the Phoenix Mars Mission. volunteer Orford Fire Department, might contain hundreds of millions, if With this mission, UA is expanding where he soon became a beloved mem- not billions, of dollars in minerals and the boundaries of space science, includ- ber of the team. Orford fire chief Terry precious metals. ing innovating in the global challenge Straight described Charlie as an excel- Perhaps the most important aspect of planetary orbital object tracking lent public servant whom ‘‘everyone re- of this mission is the research into the through their Space Object Behavioral spected and looked up to’’ and ‘‘a great

VerDate Sep 11 2014 06:15 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.061 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5462 CONGRESSIONAL RECORD — SENATE September 8, 2016 go-to guy.’’ On Sunday, July 24, as re- derstanding and caring for the large voice on my legislative team. A proud ports of a brush fire in Lyme came in, interconnected system of glands in our member of the West Virginia National Charlie rushed to the scene, as he had bodies that produce hormones needed Guard, Mike has deployed multiple done so many times before, placing the for the daily function of our bodies. times in defense of our country, and safety of others first. Sadly, Charlie These physicians and researchers are through his service, our Nation is a gave his life in the line of duty to help at the core of solving the most pressing safer place. Most importantly, Mike is extinguish the fire in Lyme. We are all health problems of our time—from dia- also a devoted husband and father, and grateful for Charlie’s selfless service to betes and obesity, to infertility, bone I have had the pleasure of watching his Orford and the rest of our State. health, and hormone-related cancers. family grow over the last several years. Firefighter Waterbury leaves behind Throughout this year, the Endocrine As Mike moves on to another assign- a daughter, Whitney Banker; a grand- Society is celebrating its 100th anni- ment outside the realm of legislation, I son, Arlo Austin Banker, and parents; versary by focusing on endocrinology’s want to extend my thanks for his serv- Allan and Shirley Waterbury. We are past contributions to science and pub- ice and wish him and his family contin- all deeply saddened by the loss of a lic health, while keeping an eye on to- ued success in his future endeavors. wonderful friend to many and an out- day’s promising research, which will f standing public servant, Charlie Water- lead to the discoveries of tomorrow. I ADDITIONAL STATEMENTS bury. am very pleased that this included Charlie represented the best of our holding its annual meeting and expo in State, and I send my deepest condo- Boston which drew thousands of RECOGNIZING HOPE FOR NEW lences to Whitney, Arlo, Allan, and endocrinologists from around the globe HAMPSHIRE RECOVERY Shirley during this difficult time. to Massachusetts. I am also pleased to ∑ While we mourn the loss of an extraor- note that this year the president of the Ms. AYOTTE. Mr. President, today I dinary man, we know that he served Endocrine Society is Dr. Henry wish to recognize National Recovery our State, Nation, and community Kronenberg, chief of the endocrine unit Month and to applaud the accomplish- with honor, courage, and dedication. at Massachusetts General Hospital, and ments of a great organization in my Charlie gave so much to New Hamp- Professor of Medicine at Harvard Med- home State: HOPE for New Hampshire shire and our Nation, and we are for- ical School in Boston, MA. Recovery. As New Hampshire battles a ever grateful for his sacrifice and serv- Over the Endocrine Society’s past 100 growing heroin and prescription opioid ice. years, there have been remarkable dis- abuse crisis, the team at HOPE has brought a compassionate approach to f coveries and advances in biomedical re- search, but there is still much to learn. caring for their fellow Granite Staters. REMEMBERING HENRY RUEMPLER Thankfully, advances in endocrine re- Across our State, HOPE has opened six Mr. COCHRAN. Mr. President, I wish search are accelerating. Today, thanks recovery centers in Manchester, Derry, to recognize the life and service of my in part to funding from the National Newport, Claremont, Concord, and Ber- friend and former staff member Henry Institutes of Health, we have many lin. I was glad to join them at many of Ruempler, who passed away on August doctors and scientists working to cre- these grand opening ceremonies. These 29, 2016. ate fascinating tools to improve human centers are important community re- Mr. Henry Ruempler served as staff health. sources, and I appreciate their work to counsel to the House Committee on As one example, the bionic pancreas, reach every corner of our State. On Government Operations before joining developed by Dr. Ed Damiano, a pro- Sunday, September 17, 2016, HOPE is my staff in 1979 as counsel and later fessor of biomedical engineering at hosting the Rally4Recovery NH, so served as legislative director. Henry Boston University, completely that New Hampshire residents can worked many years in my Washington, automates the process of tracking and show support for their families, friends, DC, office, and was a trusted colleague adjusting blood sugar. This device does neighbors, and loved ones living in or and friend to those who knew him. Fol- not cure diabetes, but it battles its seeking recovery. lowing his departure from the U.S. greatest threat: the dramatic fluctua- National Recovery Month is spon- Senate, he worked in the private sec- tions in blood sugar that cause signifi- sored by the Substance Abuse and Men- tor, specializing in taxation and bank- cant side effects and even death. tal Health Services Administration as ing until his retirement in 2003. I am truly appreciative of the accom- a means to bring greater awareness and Henry’s accomplishments and service plishments of endocrinologists and en- understanding of mental and substance extended beyond the workforce. He was docrine researchers—many who work, use disorders and to celebrate people in a Boy Scout leader, for which he re- study, and practice in Massachusetts— recovery. ceived the Silver Beaver Award for dis- over the past 100 years, and I am ex- Ensuring support exists for policies, tinguished service; PTA board member; cited about the future of this field and programs, and initiatives that can lead and treasurer of Northern Virginia better understanding how our environ- to long-term recovery is a critically Senior Softball. Above all, Henry was a ment impacts the way in which our important piece of our comprehensive dedicated family man. He was married hormones function and contribute to response to the heroin and prescription for 45 years to his wife Susan. They disease. opioid abuse epidemic. This crisis have to two children, Kyle and Shan- I offer sincere congratulations to the touches all of us and as a significant non; and two grandchildren, Maryella Endocrine Society on their 100th anni- public health crisis; our response must and Charlie. versary, and I look forward to seeing be comprehensive in nature, focusing For myself and all those who knew future advancements in the field that on prevention, treatment, recovery, Henry, I commemorate his years of lead to women and men living longer, and support for first responders, in ad- service, his friendship, and a life well healthier lives. dition to working together to elimi- lived. f nate the stigma associated with addic- f tion. National Recovery Month helps TRIBUTE TO MAJOR WILLIAM bring awareness to the efforts of groups ENDOCRINE SOCIETY CENTENNIAL GORBY like HOPE, who work in their commu- ANNIVERSARY Mr. MANCHIN. Mr. President, today nities to provide long-term resources Mr. MARKEY. Mr. President, today I I wish to acknowledge the service of for individuals seeking and in recovery. wish to recognize and congratulate the my former defense fellow MAJ William We are fortunate for the dedicated Endocrine Society in honor of its Cen- Gorby, who is coming to the end of his work that HOPE does on a daily basis tennial anniversary this year. assignment as part of his experience in to support recovery in New Hampshire, Founded in 1916, the Endocrine Soci- the Army Congressional Fellowship and I am deeply grateful for their ef- ety is the world’s oldest and largest Program. forts to change the conversation professional society for Mike joined my office in 2014, and im- around substance use disorders and endocrinologists and endocrine sci- mediately, his dedication, work ethic, show that long-term recovery is entists, who focus their efforts on un- and intelligence made him a trusted achievable. As we recognize National

VerDate Sep 11 2014 05:55 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.061 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5463 Recovery Month this September, I ap- West Virginia’s free and charitable signment at AFRH, he was promoted to plaud organizations like HOPE for New clinics, with the assistance of their major and honorably discharged from Hampshire Recovery that are making more than 1,000 dedicated volunteer Active Duty in 1982. significant differences in their commu- professionals, provide health care for He and his family then moved to New nities and helping to save and improve over 42,000 working poor of West Vir- Orleans, LA, where he was assigned to lives.∑ ginia. These clinics focus on the over- 526th TAC Fighter Squadron and the f all needs of patients by providing med- New Orleans Naval Air Station as an ical, dental, pharmaceutical, behavior air reserve technician. There he had 50TH ANNIVERSARY OF THE NEW health, vision, and health education the unique distinction of serving simul- HAMPSHIRE COLLEGE & UNIVER- services and ensure a medical home for taneously as a civil servant for the Air SITY COUNCIL vulnerable at-risk West Virginians. Force, as well as an active Air Force ∑ Ms. AYOTTE. Mr. President, today I Annually, America’s 1,200 free and Reservist. wish to help commemorate the 50th an- charitable clinics provide health care Miller was assigned to Air Force Ma- niversary of the founding of the New to 1.7 million people through 5.9 mil- teriel Command, AFMC, individual mo- Hampshire College & University Coun- lion patient visits. This is accom- bilization augmentee at Hanscom Air cil, NHCUC. Throughout the past half plished through a dedicated staff and Force Base in Massachusetts in 1984. century, the NHCUC has consistently over 160,000 volunteers, including 30,000 During this time, he continued to serve endeavored to advance the interests of medical providers, 21,000 nurses, and al- as both a civil service employee and an both public and private higher edu- most 71,000 nonmedical volunteers. active Reservist for the U.S. Air Force. cation in my home State of New Hamp- Free and charitable clinics do not re- Mr. Laurance Miller devoted his life shire. ceive dedicated Federal funding. In- to the U.S. Air Force. His patriotic and Established in 1966 as a statewide stead, these clinics rely heavily on pri- unselfish commitment to his chosen consortium of both public and private vate donations from individual donors, branch of service and to the United higher education institutions, the foundations, grants, and volunteers, States of America are extraordinary. I council is committed to enhancing the which allow them to keep their doors am honored to recognize him for a job quality of higher education in New open and to deliver health care to well done, and I sincerely wish Larry Hampshire, offering students attending and Pat happy trails as they enjoy a those who need it the most. ∑ its member institutions opportunities I look forward to continuing to work well-earned retirement together. for enriched experiences, as well as with my colleagues in Congress to bet- f providing a foundation for enhanced ter address the needs of the medically TRIBUTE TO TOM RUMMEL communication among the member in- underserved and to increase awareness stitutions. ∑ Mr. DAINES. Mr. President, today I and understanding of the important The NHCUC is directed by the recognize Tom Rummel of Sanders work that free and charitable clinics do County, who has served as sheriff since chancellors and presidents of the mem- ∑ ber institutions who have supported every day. 2010. Thanks to his initiative and hard the collaborative work of the organiza- f work, citizens affected by the Copper tion for 50 years. The council serves its TRIBUTE TO LAURANCE M. King Fire have been kept safe and up member institutions through programs MILLER to speed on the latest fire activity. Sheriff Rummel has coordinated in academic affairs, admissions, library ∑ Mr. CRUZ. Mr. President, I am local law enforcement and emergency services, career services, and many pleased to share with my colleagues a other programs and initiatives in serv- services for weeks to ensure the safety remarkable achievement by a very dis- ice to the students, faculty, and staff of Montanans and their property as the tinguished American citizen, Laurance at the member institutions. Copper King Fire has grown to be the In addition, the NHCUC offers an im- M. Miller. On October 29, 2016, Mr. Mil- largest wildfire in the State. portant voice in advocating awareness ler will have devoted over 50 years of As the fire increased in size to over of and appreciation for the importance his life to the service of his country as 28,000 acres, Mr. Rummel implemented of the higher education sector as a an officer and civil servant in the U.S. evacuation and pre-evacuation notices partner in growing New Hampshire’s Air Force. His honorable career began to numerous residences. In addition to economic prosperity, educating the when he was commissioned as a second phone calls, public notices around the next generation of skilled workers for lieutenant in the U.S. Air Force on county, and house visits, Sheriff the twenty-first century, and enhanc- June 6, 1966, from ROTC at the Univer- Rummel has used Facebook to keep the ing the civic life of our State and local sity of Akron. community apprised of the very latest communities. Miller was stationed at Chanute Air information about the fire. He has I appreciate the work of this unique Force Base in Illinois for training as an posted regular updates to the Sanders statewide higher education consortium aircraft maintenance officer and as- County Sheriff’s Facebook page, using that strives to encourage all of New signed to the 526th TAC Fighter Squad- the power of social media to get the Hampshire’s citizens to promote and ron in 1967. In 1969, Miller received his word out to his community. advance both public and private higher orders to Vietnam, but the Pueblo Cri- While recent weather has tempered education in the Granite State. It is sis diverted him to Kunsan Air Force the spread of the Copper King Fire, my honor to recognize and congratu- Base in Korea, where he served as a Sanders County will not be completely late the New Hampshire College & Uni- maintenance officer for the next year out of the woods until we see a season- versity Council as they reach this his- and was promoted to captain. ending weather event. As Montanans toric milestone, and I wish them many In 1970, Miller was honorably dis- continue to suffer the consequences of more years of success.∑ charged from Active Duty, but re- Federal mismanagement of our forests, f mained an Air Force Reservist with the it is often up to local leaders to protect 916th TAC Fighter Squadron in our communities from wildfires. FIFTEENTH ANNIVERSARY OF THE Youngstown, OH, until 1977. I commend Sheriff Rummel for his NATIONAL ASSOCIATION OF On August 11, 1973, Miller made the tireless work to keep Montanans safe FREE & CHARITABLE CLINICS best decision of his life when he mar- and keep his community informed. All ∑ Mrs. CAPITO. Mr. President, I wish ried Patricia Kraus at St. Sebastian’s Montanans, and indeed all Americans, to congratulate the National Associa- Catholic Church in Akron, OH. They owe our local law enforcement and tion of Free & Charitable Clinics on are the proud parents of Kevin, Me- emergency responders a debt of grati- their 15th anniversary and to recognize lissa, and Matthew, and now grand- tude for their daily efforts on our be- the outstanding work of our Nation’s parents of Ethan, Joy, Dylan, and half.∑ 1,200 free and charitable clinics in pro- Joshua. f viding vital medical services to low-in- Miller resumed Active Duty in 1977 come, uninsured residents, including and was assigned to Air Force Reserve REMEMBERING DOUGLAS MOORE the eight clinics in my home State of Headquarters, AFRH, at Robins Air ∑ Mr. SESSIONS. Mr. President, today West Virginia. Force Base in Georgia. During his as- I wish to pay tribute to Douglas Moore

VerDate Sep 11 2014 04:32 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.067 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5464 CONGRESSIONAL RECORD — SENATE September 8, 2016 from Montgomery, AL, who passed fulfilled his duties in an exceptional The message also announced that the away on June 4, 2016. Doug was a good manner. Speaker appoints Mr. KINZINGER of Illi- man who loved his family, his country, In 1988, after years of dedicated serv- nois as a conferee to fill the vacancy his many friends, and was always posi- ice in law enforcement, he accepted a caused by the resignation of Mr. Whit- tive and productive, and he was a good calling to ministry and in 2001 began field of Kentucky on the conference friend, adviser, and helper to me. He his tenure as pastor of the Tabernacle committee on the disagreeing votes of made his own decisions and worked Missionary Baptist Church. Indeed, in the two Houses on the amendment of hard to achieve the values he believed many ways his concept of law enforce- the House to the bill (S. 2012) to pro- in even when it was not easy to do so. ment was as a ministry. He was firm vide for the modernization of the en- That determination and courage was with lawbreakers, but he treated each ergy policy of the United States, and something I appreciated and admired, one with dignity and the kindness the for other purposes. as did so many. situation would allow. The message further announced that Doug and I knew each other for many Tyree Richburg was honest, coura- pursuant to section 4(a) of the John F. years and grew up in rural Alabama geous, determined, generous, and kind. Kennedy Centennial Commission Act not too far away from each other and He reflected the great qualities we (Public Law 114–215), the Minority at a similar time. We understood each should all strive for. During the time I Leader appoints Mr. JOSEPH P. KEN- other and shared a history of time and was U.S. attorney, he was a good friend NEDY III of Massachusetts to the John place. Doug was one of my favorite peo- and we worked together in a relation- F. Kennedy Centennial Commission. ple. His positive spirit was contagious, ship of confidence and trust. f as he was always thinking and always His beloved wife of 63 years, Celestine working to make America a better Richburg, preceded him in death, but MEASURES REFERRED place. That is the definition of a pa- he leaves behind 4 children, 10 grand- The following bills were read the first triot. children, 5 great-grandchildren, and and the second times by unanimous He was a man of many talents and a many loving clergy associates and consent, and referred as indicated: successful businessman. He owned a ∑ friends. H.R. 2845. An act to promote access to ben- wide variety of businesses, from res- f efits under the African Growth and Oppor- taurants to a cosmetics line, courier tunity Act, and for other purposes; to the service, and a car dealership. He MESSAGES FROM THE PRESIDENT Committee on Foreign Relations. worked particularly hard in Alabama Messages from the President of the H.R. 4481. An act to amend the Foreign As- to promote small and minority busi- United States was communicated to sistance Act of 1961 to provide assistance for nesses. I was pleased to successfully the Senate by Mr. Williams, one of his developing countries to promote quality basic education and to establish the goal of urge his appointment by President secretaries. Bush to the committee overseeing the all children in school and learning as an ob- f jective of the United States foreign assist- U.S. Department of Agriculture respon- ance policy, and for other purposes; to the sibilities in Alabama. The Alabama EXECUTIVE MESSAGES REFERRED Committee on Foreign Relations. Farm Service Agency handles pro- As in executive session the Presiding H.R. 5063. An act to limit donations made grams including commodities, loans, Officer laid before the Senate messages pursuant to settlement agreements to which disaster assistance, food assistance, from the President of the United the United States is a party, and for other and export credits. He had a farming purposes; to the Committee on the Judici- States submitting nominations which ary. background and was a valuable mem- were referred to the Committee on ber of the committee, fully under- H.R. 5537. An act to promote internet ac- Armed Services. cess in developing countries and update for- standing the needs of small and minor- (The message received today is print- eign policy toward the internet, and for ity farmers in the State. ed at the end of the Senate pro- other purposes; to the Committee on Foreign Doug will always be remembered for ceedings.) Relations. his love of his family, church, and fel- low man. He leaves behind his wife of f f 45 years, Shirley Ann Moore; his loving MESSAGE FROM THE HOUSE MEASURES PLACED ON THE daughter, Carmen Moore-Zeigler; son- CALENDAR in-law, Henry Zeigler; a granddaughter At 11:47 a.m., a message from the The following bills were read the sec- who was the apple of his eye, Da House of Representatives, delivered by ond time, and placed on the calendar: Brianna Zeigler; and 11 brothers and Mr. Novotny, one of its reading clerks, sisters.∑ announced that the House has passed S. 3296. A bill to amend the Internal Rev- the following bills, in which it requests enue Code of 1986 to provide an exemption to f the concurrence of the Senate: the individual mandate to maintain health coverage for individuals residing in counties REMEMBERING TYREE A. H.R. 2845. An act to promote access to ben- with fewer than 2 health insurance issuers RICHBURG efits under the African Growth and Oppor- offering plans on an Exchange. tunity Act, and for other purposes. ∑ Mr. SESSIONS. Mr. President, I rise S. 3297. A bill to amend the Internal Rev- H.R. 4481. An act to amend the Foreign As- today to remember Tyree A. Richburg enue Code of 1986 to provide an exemption to sistance Act of 1961 to provide assistance for the individual mandate to maintain health of Mobile, AL. Reverend, marshal, and developing countries to promote quality coverage for certain individuals whose pre- chief, Richburg had a wonderful life basic education and to establish the goal of mium has increased by more than 10 percent, that blessed so many. He was a great all children in school and learning as an ob- and for other purposes. law enforcement officer, starting as a jective of the United States foreign assist- patrolman for the Mobile Police De- ance policy, and for other purposes. f partment, where he worked for over 40 H.R. 5063. An act to limit donations made pursuant to settlement agreements to which EXECUTIVE AND OTHER years earning the rank of lieutenant in COMMUNICATIONS 1978, and then as chief of police for the United States is a party, and for other purposes. Prichard, AL. Following that, he was The following communications were H.R. 5537. An act to promote internet ac- laid before the Senate, together with appointed as U.S. marshal for the cess in developing countries and update for- Southern District of Alabama, where eign policy toward the internet, and for accompanying papers, reports, and doc- he served with distinction from 1978 to other purposes. uments, and were referred as indicated: 1981. Appointed by the President and The message further announced that EC–6740. A communication from the Direc- confirmed by the Senate, U.S. marshals the House has agreed to the following tor of the Regulatory Management Division, Environmental Protection Agency, transmit- stand with the U.S. attorney as the concurrent resolution, in which it re- representatives for the executive ting, pursuant to law, the report of a rule en- quests the concurrence of the Senate: titled ‘‘Citrus tristeza virus expressing spin- branch of the government in the judi- H. Con. Res. 131. Concurrent resolution au- ach defensin proteins 2, 7, and 8; Temporary cial districts. Marshal Richburg was thorizing the use of the Capitol Grounds for Exemption from the Requirement of a Toler- supported by his fine team of deputies the District of Columbia Special Olympics ance’’ (FRL No. 9947–19) received during ad- and staff and, under his leadership, he Law Enforcement Torch Run. journment of the Senate in the Office of the

VerDate Sep 11 2014 05:55 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.074 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5465 President of the Senate on August 30, 2016; to EC–6750. A communication from the Execu- EC–6760. A communication from the Assist- the Committee on Agriculture, Nutrition, tive Vice President and Chief Financial Offi- ant Secretary of the Army (Civil Works), and Forestry. cer, Federal Home Loan Bank of Chicago, transmitting, pursuant to law, a report rel- EC–6741. A communication from the Direc- transmitting, pursuant to law, the Bank’s ative to the Craig Harbor, Alaska, Naviga- tor of the Regulatory Management Division, 2015 management reports; to the Committee tion Improvement Project; to the Committee Environmental Protection Agency, transmit- on Banking, Housing, and Urban Affairs. on Environment and Public Works. ting, pursuant to law, the report of a rule en- EC–6751. A communication from the Chief EC–6761. A communication from the Assist- titled ‘‘Butanedioic acid, 2-methylene-, poly- Counsel, Federal Emergency Management ant Secretary of the Army (Civil Works), mer with 1,3 butanediene, ethylbenzene and 2 Agency, Department of Homeland Security, transmitting, pursuant to law, a report rel- hydroxyethyl-2-propenoate; Tolerance Ex- transmitting, pursuant to law, the report of ative to the American River Common Fea- emption’’ (FRL No. 9950–63) received during a rule entitled ‘‘Suspension of Community tures project in Sacramento and Yolo Coun- adjournment of the Senate in the Office of Eligibility; Sacramento County, CA, et al.’’ ties, California; to the Committee on Envi- the President of the Senate on August 30, ((44 CFR Part 64) (Docket No. FEMA–2016– ronment and Public Works. 2016; to the Committee on Agriculture, Nu- 0002)) received during adjournment of the EC–6762. A communication from the Direc- trition, and Forestry. Senate in the Office of the President of the tor of the Regulatory Management Division, EC–6742. A communication from the Direc- Senate on September 1, 2016; to the Com- Environmental Protection Agency, transmit- tor of the Regulatory Management Division, mittee on Banking, Housing, and Urban Af- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- fairs. titled ‘‘National Priorities List’’ (FRL No. ting, pursuant to law, the report of a rule en- EC–6752. A communication from the Chief 9952–06–OLEM) received in the Office of the titled ‘‘Chlorantraniliprole; Pesticide Toler- Counsel, Federal Emergency Management President of the Senate on September 6, 2016; ances’’ (FRL No. 9950–04) received in the Of- Agency, Department of Homeland Security, to the Committee on Environment and Pub- fice of the President of the Senate on Sep- transmitting, pursuant to law, the report of lic Works. tember 6, 2016; to the Committee on Agri- a rule entitled ‘‘Suspension of Community EC–6763. A communication from the Direc- culture, Nutrition, and Forestry. Eligibility; Athens-Clarke County, GA, et tor of the Regulatory Management Division, EC–6743. A communication from the Board al.’’ ((44 CFR Part 64) (Docket No. FEMA– Environmental Protection Agency, transmit- Chair and Chief Executive Officer, Farm 2016–0002)) received during adjournment of ting, pursuant to law, the report of a rule en- Credit Administration, transmitting the Ad- the Senate in the Office of the President of titled ‘‘Air Plan Approval; Connecticut; NOx ministration’s proposed fiscal year 2016 budg- the Senate on September 1, 2016; to the Com- Emission Trading Orders as Single Source et; to the Committee on Agriculture, Nutri- mittee on Banking, Housing, and Urban Af- SIP Revisions’’ (FRL No. 9957–94–Region 1) tion, and Forestry. fairs. received in the Office of the President of the EC–6744. A communication from the Acting EC–6753. A communication from the Sec- Senate on September 6, 2016; to the Com- Deputy Director of Program Development retary, Securities and Exchange Commis- mittee on Environment and Public Works. and Regulatory Analysis, Rural Utilities sion, transmitting, pursuant to law, the re- EC–6764. A communication from the Direc- Service, Department of Agriculture, trans- port of a rule entitled ‘‘Access to Data Ob- tor of the Regulatory Management Division, mitting, pursuant to law, the report of a rule tained by Security-Based Swap Data Reposi- Environmental Protection Agency, transmit- entitled ‘‘Rural Broadband Access Loans and tories’’ (RIN3235–AL74) received during ad- ting, pursuant to law, the report of a rule en- Loan Guarantees’’ (RIN0572–AC34) received journment of the Senate in the Office of the titled ‘‘Ocean Dumping: Modification of an during adjournment of the Senate in the Of- President of the Senate on September 1, 2016; Ocean Dredged Material Disposal Site Off- fice of the President of the Senate on Sep- to the Committee on Banking, Housing, and shore of Charleston, South Carolina’’ (FRL tember 1, 2016; to the Committee on Agri- Urban Affairs. No. 9951–96–Region 4) received in the Office of culture, Nutrition, and Forestry. EC–6754. A communication from the Presi- the President of the Senate on September 6, EC–6745. A communication from the Con- dent of the United States, transmitting, pur- 2016; to the Committee on Environment and gressional Review Coordinator, Animal and suant to law, a report relative to the con- Public Works. Plant Health Inspection Service, Department tinuation of the national emergency with re- EC–6765. A communication from the Direc- of Agriculture, transmitting, pursuant to spect to the terrorist attacks on the United tor of the Regulatory Management Division, law, the report of a rule entitled ‘‘Viruses, States of September 11, 2001; to the Com- Environmental Protection Agency, transmit- Serums, Toxins, and Analogous Products; mittee on Banking, Housing, and Urban Af- ting, pursuant to law, the report of a rule en- Packaging and Labeling’’ ((RIN0579–AE19) fairs. titled ‘‘Approval and Promulgation of Air (Docket No. APHIS–2008–0008)) received dur- EC–6755. A communication from the Sec- Quality Implementation Plans; Indiana; Re- ing adjournment of the Senate in the Office retary of the Interior, transmitting proposed designation of the Indiana Portion of the of the President of the Senate on August 30, legislation to approve the location of the Na- Louisville Area to Attainment of the 1997 2016; to the Committee on Agriculture, Nu- tional Desert Storm War Memorial; to the Annual Standard for Fine Particulate Mat- trition, and Forestry. Committee on Energy and Natural Re- ter’’ (FRL No. 9951–95–Region 5) received in EC–6746. A communication from the Direc- sources. the Office of the President of the Senate on tor, Pension Benefit Guaranty Corporation, EC–6756. A communication from the Assist- September 6, 2016; to the Committee on Envi- transmitting, pursuant to law, a report rel- ant General Counsel for Legislation, Regula- ronment and Public Works. ative to a violation of the Antideficiency tion and Energy Efficiency, Office of Energy EC–6766. A communication from the Direc- Act; to the Committee on Appropriations. Efficiency and Renewable Energy, Depart- tor of the Regulatory Management Division, EC–6747. A communication from the Sec- ment of Energy, transmitting, pursuant to Environmental Protection Agency, transmit- retary of Veterans Affairs, transmitting, law, the report of a rule entitled ‘‘Energy ting, pursuant to law, the report of a rule en- pursuant to law, a report relative to a viola- Conservation Program: Test Procedure for titled ‘‘Outer Continental Shelf Air Regula- tion of the Antideficiency Act; to the Com- Compact Fluorescent Lamps’’ ((RIN1904– tions Consistency Update for Maryland’’ mittee on Appropriations. AC74) (Docket No. EERE–2015–BT–TP–0014)) (FRL No. 9950–98–Region 3) received in the EC–6748. A communication from the Alter- received during adjournment of the Senate Office of the President of the Senate on Sep- nate Federal Register Liaison Officer, Office in the Office of the President of the Senate tember 6, 2016; to the Committee on Environ- of the Secretary, Department of Defense, on August 30, 2016; to the Committee on En- ment and Public Works. transmitting, pursuant to law, the report of ergy and Natural Resources. EC–6767. A communication from the Direc- a rule entitled ‘‘Interpretive Rule Under the EC–6757. A communication from the Divi- tor of the Regulatory Management Division, Military Lending Act Limitations on Terms sion Chief, Bureau of Land Management, De- Environmental Protection Agency, transmit- of Consumer Credit Extended to Service partment of the Interior, transmitting, pur- ting, pursuant to law, the report of a rule en- Members and Dependents’’ (RIN0790–ZA11) suant to law, the report of a rule entitled titled ‘‘Approval and Promulgation of Imple- received during adjournment of the Senate ‘‘BLM Internet-Based Auctions’’ (RIN1004– mentation Plans; State of Kansas; Infra- in the Office of the President of the Senate AE46) received during adjournment of the structure SIP Requirements for the 2012 An- on September 1, 2016; to the Committee on Senate in the Office of the President of the nual Fine Particulate Matter (PM2.5) Na- Armed Services. Senate on September 1, 2016; to the Com- tional Ambient Air Quality Standards EC–6749. A communication from the Assist- mittee on Energy and Natural Resources. (NAAQS)’’ (FRL No. 9951–87–Region 7) re- ant Secretary for Export Administration, EC–6758. A communication from the Sec- ceived in the Office of the President of the Bureau of Industry and Security, Depart- retary of Commerce, transmitting, pursuant Senate on September 6, 2016; to the Com- ment of Commerce, transmitting, pursuant to law, the annual report on the activities of mittee on Environment and Public Works. to law, the report of a rule entitled ‘‘Updated the U.S. Economic Development Administra- EC–6768. A communication from the Direc- Statements of Legal Authority for the Ex- tion (EDA) for fiscal year 2015; to the Com- tor of the Regulatory Management Division, port Administration Regulations to Include mittee on Environment and Public Works. Environmental Protection Agency, transmit- August 4, 2016 Continuation of Emergency EC–6759. A communication from the Assist- ting, pursuant to law, the report of a rule en- Declared in Executive Order 13222’’ (RIN0694– ant Secretary of the Army (Civil Works), titled ‘‘Air Quality Designations for the 2012 AH09) received in the Office of the President transmitting, pursuant to law, a report rel- Primary Annual Fine Particle Matter of the Senate on September 6, 2016; to the ative to the West Sacramento project in (PM2.5) National Ambient Air Quality Committee on Banking, Housing, and Urban Yolo County, California; to the Committee Standard (NAAQS) for Areas in Georgia and Affairs. on Environment and Public Works. Florida’’ (FRL No. 9951–91–OAR) received in

VerDate Sep 11 2014 04:32 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.009 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5466 CONGRESSIONAL RECORD — SENATE September 8, 2016 the Office of the President of the Senate on Resolution (P.L. 102–1) for the April 11, 2016– Amendments’’ (Docket No. FDA–2016–N–0011) September 6, 2016; to the Committee on Envi- June 9, 2016 reporting period; to the Com- received in the Office of the President of the ronment and Public Works. mittee on Foreign Relations. Senate on September 6, 2016; to the Com- EC–6769. A communication from the Direc- EC–6778. A communication from the Assist- mittee on Health, Education, Labor, and tor of the Regulatory Management Division, ant Secretary, Legislative Affairs, Depart- Pensions. Environmental Protection Agency, transmit- ment of State, transmitting, pursuant to EC–6790. A communication from the Direc- ting, pursuant to law, the report of a rule en- law, a report relative to section 36(c) of the tor of Regulations and Policy Management titled ‘‘State of Iowa; Approval and Promul- Arms Export Control Act (DDTC 16–045); to Staff, Food and Drug Administration, De- gation of the Title V Operating Permits Pro- the Committee on Foreign Relations. partment of Health and Human Services, gram, the State Implementation Plan, and EC–6779. A communication from the Assist- transmitting, pursuant to law, the report of 112(1) Plan’’ (FRL No. 9951–86–Region 7) re- ant Secretary, Legislative Affairs, Depart- a rule entitled ‘‘Requirements for Foreign ceived in the Office of the President of the ment of State, transmitting, pursuant to and Domestic Establishment Registration Senate on September 6, 2016; to the Com- law, a report relative to section 36(d) of the and Listing for Human Drugs, Including mittee on Environment and Public Works. Arms Export Control Act (DDTC 16–027); to Drugs That Are Regulated Under a Biologics EC–6770. A communication from the Direc- the Committee on Foreign Relations. License Application, and Animal Drugs’’ tor of the Regulatory Management Division, EC–6780. A communication from the Assist- ((RIN0910–AA49) (Docket No. FDA–2005–N– Environmental Protection Agency, transmit- ant Secretary, Legislative Affairs, Depart- 0464)) received in the Office of the President ting, pursuant to law, the report of a rule en- ment of State, transmitting, pursuant to of the Senate on September 6, 2016; to the titled ‘‘National Emission Standards for Haz- law, a report relative to section 36(c) of the Committee on Health, Education, Labor, and ardous Air Pollutants for Area Sources: In- Arms Export Control Act (DDTC 16–030); to Pensions. dustrial, Commercial, and Institutional Boil- the Committee on Foreign Relations. EC–6791. A communication from the Rail- ers’’ ((RIN2060–AS10) (FRL No. 9951–64–OAR)) EC–6781. A communication from the Assist- road Retirement Board, transmitting, pursu- received in the Office of the President of the ant Secretary, Legislative Affairs, Depart- ant to law, the Board’s 2016 Annual Report; Senate on September 6, 2016; to the Com- ment of State, transmitting, pursuant to to the Committee on Health, Education, mittee on Environment and Public Works. law, a report relative to section 36(c) of the Labor, and Pensions. EC–6771. A communication from the Direc- Arms Export Control Act (DDTC 16–047); to EC–6792. A communication from the Assist- tor of the Regulatory Management Division, the Committee on Foreign Relations. ant Secretary for Legislation, Department of Environmental Protection Agency, transmit- EC–6782. A communication from the Assist- Health and Human Services, transmitting, ting, pursuant to law, the report of a rule en- ant Secretary, Legislative Affairs, Depart- pursuant to law, a report entitled ‘‘National titled ‘‘Approval of Air Quality Implementa- ment of State, transmitting, pursuant to Plan to Address Alzheimer’s Disease: 2016 tion Plans; Puerto Rico; Infrastructure Re- law, a report relative to section 36(c) and Update’’; to the Committee on Health, Edu- quirements for the 1997 and 2008 Ozone, 1997 36(d) of the Arms Export Control Act (DDTC cation, Labor, and Pensions. EC–6793. A communication from the Sec- and 2006 Fine Particulate Matter and 2008 16–041); to the Committee on Foreign Rela- retary of Health and Human Services, trans- Lead NAAQS’’ (FRL No. 9945–84–Region 2) re- tions. mitting, pursuant to law, a report entitled ceived in the Office of the President of the EC–6783. A communication from the Assist- ‘‘Health, United States, 2015’’; to the Com- Senate on September 6, 2016; to the Com- ant Secretary, Legislative Affairs, Depart- mittee on Health, Education, Labor, and mittee on Environment and Public Works. ment of State, transmitting, pursuant to Pensions. EC–6772. A communication from the Direc- law, a report relative to section 36(c) and EC–6794. A communication from the Assist- 36(d) of the Arms Export Control Act (DDTC tor of the Regulatory Management Division, ant General Counsel, Office of General Coun- 16–050); to the Committee on Foreign Rela- Environmental Protection Agency, transmit- sel, Department of Education, transmitting, ting, pursuant to law, the report of a rule en- tions. pursuant to law, the report of a rule entitled EC–6784. A communication from the Assist- titled ‘‘Greenhouse Gas Emissions and Fuel ‘‘Programs and Activities Authorized by the ant Secretary, Legislative Affairs, Depart- Efficiency Standards for Medium- and Adult Education and Family Literacy Act ment of State, transmitting, pursuant to Heavy-Duty Engines and Vehicles - Phase 2’’ (Title II of the Workforce Innovation and Op- law, a report prepared by the Department of ((RIN2060–AS16 and RIN2127–AL52) (FRL No. portunity Act)’’ (RIN1830–AA22) received 9950–25–OAR)) received in the Office of the State on progress toward a negotiated solu- during adjournment of the Senate in the Of- President of the Senate on September 6, 2016; tion of the Cyprus question covering the pe- fice of the President of the Senate on Sep- to the Committee on Environment and Pub- riod April 1, 2016 through May 31, 2016; to the tember 2, 2016; to the Committee on Health, lic Works. Committee on Foreign Relations. Education, Labor, and Pensions. EC–6773. A communication from the Direc- EC–6785. A communication from the Dep- EC–6795. A communication from the Assist- tor, Office of Regulations and Reports Clear- uty Director, Office of Presidential Appoint- ant General Counsel, Office of General Coun- ance, Social Security Administration, trans- ments, Department of State, transmitting, sel, Department of Education, transmitting, mitting, pursuant to law, the report of a rule pursuant to law, a report of a vacancy in the pursuant to law, the report of a rule entitled entitled ‘‘Extension of Expiration Dates for position of Assistant Secretary of State ‘‘Workforce Innovation and Opportunity Act, Four Body Systems Listings’’ (RIN0960–AI03) (Western Hemisphere Affairs), received dur- Miscellaneous Program Changes’’ (RIN1820– received during adjournment of the Senate ing adjournment of the Senate in the Office AB71) received during adjournment of the in the Office of the President of the Senate of the President of the Senate on August 26, Senate in the Office of the President of the on August 29, 2016; to the Committee on Fi- 2016; to the Committee on Foreign Relations. Senate on September 2, 2016; to the Com- nance. EC–6786. A communication from the Dep- mittee on Health, Education, Labor, and EC–6774. A communication from the Senior uty Director, Office of Presidential Appoint- Pensions. Advisor, Bureau of Political-Military Af- ments, Department of State, transmitting, EC–6796. A communication from the Assist- fairs, Department of State, transmitting, pursuant to law, a report of a vacancy in the ant General Counsel, Office of General Coun- pursuant to law, an addendum to a certifi- position of Ambassador at Large for War sel, Department of Education, transmitting, cation, of the proposed sale or export of de- Crimes Issues, received during adjournment pursuant to law, the report of a rule entitled fense articles and/or defense services to a of the Senate in the Office of the President ‘‘State Vocational Rehabilitation Services Middle East country (OSS–2016–1114); to the of the Senate on August 26, 2016; to the Com- Program; State Supported Employment Committee on Foreign Relations. mittee on Foreign Relations. Services Program; Limitations on Use of EC–6775. A communication from the Senior EC–6787. A communication from the Dep- Subminimum Wage’’ (RIN1820–AB70) re- Advisor, Bureau of Political-Military Af- uty Director, Office of Presidential Appoint- ceived during adjournment of the Senate in fairs, Department of State, transmitting, ments, Department of State, transmitting, the Office of the President of the Senate on pursuant to law, an addendum to a certifi- pursuant to law, a report of a vacancy in the September 2, 2016; to the Committee on cation, of the proposed sale or export of de- position of Assistant Secretary of State (Po- Health, Education, Labor, and Pensions. fense articles and/or defense services to a litical-Military Affairs), received during ad- EC–6797. A communication from the Regu- Middle East country (OSS–2016–1115); to the journment of the Senate in the Office of the lations Coordinator, Administration for Committee on Foreign Relations. President of the Senate on August 26, 2016; to Children and Families, Department of EC–6776. A communication from the Assist- the Committee on Foreign Relations. Health and Human Services, transmitting, ant Secretary, Legislative Affairs, Depart- EC–6788. A communication from the Assist- pursuant to law, the report of a rule entitled ment of State, transmitting, pursuant to ant Secretary, Legislative Affairs, Depart- ‘‘Head Start Performance Standards’’ law, a report relative to section 36(c) of the ment of State, transmitting, pursuant to (RIN0970–AC63) received during adjournment Arms Export Control Act (DDTC 16–014); to law, a report relative to section 36(d) of the of the Senate in the Office of the President the Committee on Foreign Relations. Arms Export Control Act (DDTC 16–056); to of the Senate on September 2, 2016; to the EC–6777. A communication from the Assist- the Committee on Foreign Relations. Committee on Health, Education, Labor, and ant Secretary, Legislative Affairs, Depart- EC–6789. A communication from the Direc- Pensions. ment of State, transmitting, pursuant to tor of Regulations and Policy Management EC–6798. A communication from the Sec- law, a report consistent with the Authoriza- Staff, Food and Drug Administration, De- retary of Education, transmitting, pursuant tion for Use of Military Force Against Iraq partment of Health and Human Services, to law, the report of a rule entitled ‘‘Work- Resolution of 2002 (P.L. 107–243) and the Au- transmitting, pursuant to law, the report of force Innovation and Opportunity Act, Mis- thorization for the Use of Force Against Iraq a rule entitled ‘‘Food Labeling; Technical cellaneous Program Changes’’ ((RIN1820–

VerDate Sep 11 2014 04:32 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.010 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5467 AB71) (Docket ID ED–2015–OSERS–0002)) re- suant to law, a report entitled, ‘‘District ligence Agency, transmitting, pursuant to ceived in the Office of the President pro tem- Agencies Did Not Provide Sufficient Over- law, a report relative to a vacancy in the po- pore of the Senate; to the Committee on sight of Private Development Projects and sition of Inspector General, Central Intel- Health, Education, Labor, and Pensions. Have Not Collected Potentially Significant ligence Agency, received during adjournment EC–6799. A communication from the Sec- Fines’’; to the Committee on Homeland Se- of the Senate in the Office of the President retary of Education, transmitting, pursuant curity and Governmental Affairs. of the Senate on August 31, 2016; to the Se- to law, the report of a rule entitled ‘‘Pro- EC–6807. A communication from the Office lect Committee on Intelligence. grams and Activities Authorized by the Program Manager, Office of Regulation Pol- EC–6816. A communication from the Chair Adult Education and Family Literacy Act icy and Management, Department of Vet- of the Committee on Rules of Practice and (Title II of the Workforce Innovation and Op- erans Affairs, transmitting, pursuant to law, Procedure, Judicial Conference of the United portunity Act)’’ ((RIN1830–AA22) (Docket ID the report of a rule entitled ‘‘Loan Guar- States, transmitting, pursuant to law, a re- ED–2015–OCTAE–0003)) received in the Office antee: Delegation of Authority’’ (RIN2900– port on a pending amendment to Federal of the President pro tempore of the Senate; AP77) received during adjournment of the Rule of Civil Procedure.; to the Committee to the Committee on Health, Education, Senate in the Office of the President of the on the Judiciary. Labor, and Pensions. Senate on August 29, 2016; to the Committee EC–6817. A communication from the Assist- EC–6800. A communication from the Sec- on Veterans’ Affairs. ant Attorney General, Office of Legislative retary of Education, transmitting, pursuant EC–6808. A communication from the Acting Affairs, Department of Justice, transmit- to law, the report of a rule entitled ‘‘State Director, Planning and Policy Analysis, Of- ting, pursuant to law, an annual report rel- Vocational Rehabilitation Services program; fice of Personnel Management, transmitting, ative to the activities and operations of the State Supported Employment Services pro- pursuant to law, the report of a rule entitled Public Integrity Section, Criminal Division, gram; Limitations on Use of Subminimum ‘‘Federal Employees Health Benefits Pro- and the nationwide federal law enforcement Wage’’ ((RIN1820–AB70) (Docket ID ED–2015– gram and Federal Employees Dental and Vi- effort against public corruption; to the Com- OSERS–0001)) received in the Office of the sion Insurance Program: Excepted Service mittee on the Judiciary. President pro tempore of the Senate; to the and Pathways Programs Miscellaneous Clari- EC–6818. A communication from the Man- Committee on Health, Education, Labor, and fications and Corrections’’ (RIN3206–AM97) agement and Program Analyst, Federal Pensions. received during adjournment of the Senate Aviation Administration, Department of EC–6801. A communication from the Assist- in the Office of the President of the Senate Transportation, transmitting, pursuant to ant Secretary, Employee Benefits Security on August 31, 2016; to the Committee on law, the report of a rule entitled ‘‘Airworthi- Administration, Department of Labor, trans- Homeland Security and Governmental Af- ness Directives; Airbus Airplanes’’ ((RIN2120– AA64) (Docket No. FAA–2016–5462)) received mitting, pursuant to law, the report of a rule fairs. entitled ‘‘Savings Arrangements Established EC–6809. A communication from the Acting during adjournment of the Senate in the Of- by States for Non-Governmental Employees’’ Director, Pay and Leave, Office of Personnel fice of the President of the Senate on Sep- (RIN1210–AB71) received during adjournment Management, transmitting, pursuant to law, tember 1, 2016; to the Committee on Com- of the Senate in the Office of the President the report of a rule entitled ‘‘Prevailing Rate merce, Science, and Transportation. EC–6819. A communication from the Man- of the Senate on August 30, 2016; to the Com- Systems; Redefinition of the Asheville, NC, agement and Program Analyst, Federal mittee on Health, Education, Labor, and and Charlotte, NC, Appropriated Fund Fed- Aviation Administration, Department of Pensions. eral Wage System Wage Areas’’ (RIN3206– Transportation, transmitting, pursuant to EC–6802. A communication from the Direc- AN37) received during adjournment of the law, the report of a rule entitled ‘‘Airworthi- tor of Regulations and Policy Management Senate in the Office of the President of the Staff, Food and Drug Administration, De- ness Directives; Airbus Airplanes’’ ((RIN2120– Senate on August 31, 2016; to the Committee AA64) (Docket No. FAA–2015–3989)) received partment of Health and Human Services, on Homeland Security and Governmental Af- during adjournment of the Senate in the Of- transmitting, pursuant to law, the report of fairs. fice of the President of the Senate on Sep- a rule entitled ‘‘The Food and Drug Adminis- EC–6810. A communication from the Acting tember 1, 2016; to the Committee on Com- tration Food Safety Modernization Act; Ex- Director, Pay and Leave, Office of Personnel merce, Science, and Transportation. tension and Clarification of Compliance Management, transmitting, pursuant to law, EC–6820. A communication from the Man- Dates for Certain Provisions of Four Imple- the report of a rule entitled ‘‘Prevailing Rate agement and Program Analyst, Federal menting Rules’’ ((RIN0910–AG10; RIN0910– Systems; Abolishment of the Newburgh, NY, Aviation Administration, Department of AG35; RIN0910–AG36; and RIN0910–AG64) Appropriated Fund Federal Wage System Transportation, transmitting, pursuant to (Docket Nos. FDA–2011–N–0920; FDA–2011–N– Wage Area’’ (RIN3206–AN26) received during law, the report of a rule entitled ‘‘Airworthi- 0921; FDA–2011–N–0922; and FDA–2011–N–0143)) adjournment of the Senate in the Office of ness Directives; Airbus Airplanes’’ ((RIN2120– received during adjournment of the Senate the President of the Senate on August 31, AA64) (Docket No. FAA–2016–0466)) received in the Office of the President of the Senate 2016; to the Committee on Homeland Secu- during adjournment of the Senate in the Of- on August 29, 2016; to the Committee on rity and Governmental Affairs. fice of the President of the Senate on Sep- Health, Education, Labor, and Pensions. EC–6811. A communication from the Acting tember 1, 2016; to the Committee on Com- EC–6803. A communication from the Direc- Director, Planning and Policy Analysis, Of- merce, Science, and Transportation. tor of Regulations and Policy Management fice of Personnel Management, transmitting, EC–6821. A communication from the Man- Staff, Food and Drug Administration, De- pursuant to law, the report of a rule entitled agement and Program Analyst, Federal partment of Health and Human Services, ‘‘Federal Employees’ Group Life Insurance Aviation Administration, Department of transmitting, pursuant to law, the report of Program: Court Orders Prior to July 22, Transportation, transmitting, pursuant to a rule entitled ‘‘New Animal Drugs for Use in 1998’’ (RIN3206–AM67) received during ad- law, the report of a rule entitled ‘‘Airworthi- Animal Feed; Category Definitions’’ (Docket journment of the Senate in the Office of the ness Directives; Airbus Airplanes’’ ((RIN2120– No. FDA–2016–N–1896) received during ad- President of the Senate on August 31, 2016; to AA64) (Docket No. FAA–2016–5460)) received journment of the Senate in the Office of the the Committee on Homeland Security and during adjournment of the Senate in the Of- President of the Senate on August 29, 2016; to Governmental Affairs. fice of the President of the Senate on Sep- the Committee on Health, Education, Labor, EC–6812. A communication from the Chair- tember 1, 2016; to the Committee on Com- and Pensions. man of the Council of the District of Colum- merce, Science, and Transportation. EC–6804. A communication from the Dep- bia, transmitting, pursuant to law, a report EC–6822. A communication from the Man- uty Assistant General Counsel for Regu- on D.C. Act 21–469, ‘‘Grocery Store Restric- agement and Program Analyst, Federal latory Services, Office of Special Education tive Covenant Prohibition Temporary Act of Aviation Administration, Department of and Rehabilitative Services, Department of 2016’’; to the Committee on Homeland Secu- Transportation, transmitting, pursuant to Education, transmitting, pursuant to law, rity and Governmental Affairs. law, the report of a rule entitled ‘‘Airworthi- the report of a rule entitled ‘‘Final priority EC–6813. A communication from the Chair- ness Directives; Airbus Airplanes’’ ((RIN2120– and requirement—Equity Assistance Cen- man of the Council of the District of Colum- AA64) (Docket No. FAA–2015–8468)) received ters’’ ((CFDA No. 84.004D.) (Docket No. ED– bia, transmitting, pursuant to law, a report in the Office of the President of the Senate 2016–OESE–0015)) received in the Office of the on D.C. Act 21–471, ‘‘Washington Metropoli- on September 6, 2016; to the Committee on President of the Senate on September 6, 2016; tan Area Transit Authority Compact Tem- Commerce, Science, and Transportation. to the Committee on Health, Education, porary Amendment Act of 2016’’; to the Com- EC–6823. A communication from the Man- Labor, and Pensions. mittee on Homeland Security and Govern- agement and Program Analyst, Federal EC–6805. A communication from the Chair- mental Affairs. Aviation Administration, Department of man of the Council of the District of Colum- EC–6814. A communication from the Chair- Transportation, transmitting, pursuant to bia, transmitting, pursuant to law, a report man of the Council of the District of Colum- law, the report of a rule entitled ‘‘Airworthi- on D.C. Act 21–449, ‘‘Medical Marijuana Cul- bia, transmitting, pursuant to law, a report ness Directives; The Boeing Company Air- tivation Center Relocation Temporary on D.C. Act 21–470, ‘‘Gas Station Advisory planes’’ ((RIN2120–AA64) (Docket No. FAA– Amendment Act of 2016’’; to the Committee Board Temporary Amendment Act of 2016’’; 2015–8429)) received during adjournment of on Homeland Security and Governmental Af- to the Committee on Homeland Security and the Senate in the Office of the President of fairs. Governmental Affairs. the Senate on September 1, 2016; to the Com- EC–6806. A communication from the Dis- EC–6815. A communication from the Chief, mittee on Commerce, Science, and Transpor- trict of Columbia Auditor, transmitting, pur- Administrative Law Division, Central Intel- tation.

VerDate Sep 11 2014 04:32 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.012 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5468 CONGRESSIONAL RECORD — SENATE September 8, 2016 EC–6824. A communication from the Man- ness Directives; BAE Systems (Operations) received during adjournment of the Senate agement and Program Analyst, Federal Limited Airplanes’’ ((RIN2120–AA64) (Docket in the Office of the President of the Senate Aviation Administration, Department of No. FAA–2016–5465)) received during adjourn- on September 1, 2016; to the Committee on Transportation, transmitting, pursuant to ment of the Senate in the Office of the Presi- Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘Airworthi- dent of the Senate on September 1, 2016; to EC–6839. A communication from the Man- ness Directives; The Boeing Company Air- the Committee on Commerce, Science, and agement and Program Analyst, Federal planes’’ ((RIN2120–AA64) (Docket No. FAA– Transportation. Aviation Administration, Department of 2016–8841)) received during adjournment of EC–6832. A communication from the Man- Transportation, transmitting, pursuant to the Senate in the Office of the President of agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Establish- the Senate on September 1, 2016; to the Com- Aviation Administration, Department of ment of Class E Airspace; Park River, ND’’ mittee on Commerce, Science, and Transpor- Transportation, transmitting, pursuant to ((RIN2120–AA66) (Docket No. FAA–2016–5856)) tation. law, the report of a rule entitled ‘‘Standard received during adjournment of the Senate EC–6825. A communication from the Man- Instrument Approach Procedures, and Take- in the Office of the President of the Senate agement and Program Analyst, Federal off Minimums and Obstacle Departure Proce- on September 1, 2016; to the Committee on Aviation Administration, Department of dures; Miscellaneous Amendments (62); Commerce, Science, and Transportation. Transportation, transmitting, pursuant to Amdt. No. 3703’’ (RIN2120–AA65) received dur- EC–6840. A communication from the Man- law, the report of a rule entitled ‘‘Airworthi- ing adjournment of the Senate in the Office agement and Program Analyst, Federal ness Directives; Dassault Aviation Air- of the President of the Senate on September Aviation Administration, Department of Transportation, transmitting, pursuant to planes’’ ((RIN2120–AA64) (Docket No. FAA– 1, 2016; to the Committee on Commerce, law, the report of a rule entitled ‘‘Amend- 2016–5464)) received during adjournment of Science, and Transportation. ment of Class E Airspace for the following the Senate in the Office of the President of EC–6833. A communication from the Man- Michigan towns; Alma, MI; Bellaire, MI; the Senate on September 1, 2016; to the Com- agement and Program Analyst, Federal Cadillac, MI; Drummond Island, MI; Aviation Administration, Department of mittee on Commerce, Science, and Transpor- Gladwin, MI; Holland, MI; and Three Rivers, Transportation, transmitting, pursuant to tation. MI’’ ((RIN2120–AA66) (Docket No. FAA–2016– EC–6826. A communication from the Man- law, the report of a rule entitled ‘‘Standard 4629)) received during adjournment of the agement and Program Analyst, Federal Instrument Approach Procedures, and Take- Senate in the Office of the President of the Aviation Administration, Department of off Minimums and Obstacle Departure Proce- Senate on September 1, 2016; to the Com- Transportation, transmitting, pursuant to dures; Miscellaneous Amendments (69); mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Airworthi- Amdt. No. 3704’’ (RIN2120–AA65) received dur- tation. ness Directives; Dassault Aviation Air- ing adjournment of the Senate in the Office EC–6841. A communication from the Man- planes’’ ((RIN2120–AA64) (Docket No. FAA– of the President of the Senate on September agement and Program Analyst, Federal 2016–5594)) received during adjournment of 1, 2016; to the Committee on Commerce, Aviation Administration, Department of the Senate in the Office of the President of Science, and Transportation. Transportation, transmitting, pursuant to the Senate on September 1, 2016; to the Com- EC–6834. A communication from the Man- law, the report of a rule entitled ‘‘Amend- mittee on Commerce, Science, and Transpor- agement and Program Analyst, Federal ment of Class E Airspace for the following tation. Aviation Administration, Department of Minnesota Towns; Hutchinson, MN; Jackson, EC–6827. A communication from the Man- Transportation, transmitting, pursuant to MN; Pipestone, MN; Two Harbors, MN; and agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Standard Waseca, MN’’ ((RIN2120–AA66) (Docket No. Aviation Administration, Department of Instrument Approach Procedures, and Take- FAA–2016–4271)) received during adjournment Transportation, transmitting, pursuant to off Minimums and Obstacle Departure Proce- of the Senate in the Office of the President law, the report of a rule entitled ‘‘Airworthi- dures; Miscellaneous Amendments (56); of the Senate on September 1, 2016; to the ness Directives; Fokker Services B.V. Air- Amdt. No. 3706’’ (RIN2120–AA65) received dur- Committee on Commerce, Science, and planes’’ ((RIN2120–AA64) (Docket No. FAA– ing adjournment of the Senate in the Office Transportation. 2015–8472)) received during adjournment of of the President of the Senate on September EC–6842. A communication from the Man- the Senate in the Office of the President of 1, 2016; to the Committee on Commerce, agement and Program Analyst, Federal the Senate on September 1, 2016; to the Com- Science, and Transportation. Aviation Administration, Department of mittee on Commerce, Science, and Transpor- EC–6835. A communication from the Man- Transportation, transmitting, pursuant to tation. agement and Program Analyst, Federal law, the report of a rule entitled ‘‘Amend- EC–6828. A communication from the Man- Aviation Administration, Department of ment of Class C Airspace; Syracuse Hancock agement and Program Analyst, Federal Transportation, transmitting, pursuant to International Airport, NY’’ ((RIN2120–AA66) Aviation Administration, Department of law, the report of a rule entitled ‘‘Standard (Docket No. FAA–2016–3937)) received during Transportation, transmitting, pursuant to Instrument Approach Procedures, and Take- adjournment of the Senate in the Office of law, the report of a rule entitled ‘‘Airworthi- off Minimums and Obstacle Departure Proce- the President of the Senate on September 1, ness Directives; Pacific Aerospace Limited dures; Miscellaneous Amendments (73); 2016; to the Committee on Commerce, Airplanes’’ ((RIN2120–AA64) (Docket No. Amdt. No. 3705’’ (RIN2120–AA65) received dur- Science, and Transportation. FAA–2016–8838)) received during adjournment ing adjournment of the Senate in the Office EC–6843. A communication from the Man- of the Senate in the Office of the President of the President of the Senate on September agement and Program Analyst, Federal of the Senate on September 1, 2016; to the 1, 2016; to the Committee on Commerce, Aviation Administration, Department of Committee on Commerce, Science, and Science, and Transportation. Transportation, transmitting, pursuant to Transportation. EC–6836. A communication from the Man- law, the report of a rule entitled ‘‘Amend- EC–6829. A communication from the Man- agement and Program Analyst, Federal ment of Class C Airspace; Boise, ID’’ agement and Program Analyst, Federal Aviation Administration, Department of ((RIN2120–AA66) (Docket No. FAA–2016–7467)) Aviation Administration, Department of Transportation, transmitting, pursuant to received during adjournment of the Senate Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Establish- in the Office of the President of the Senate on September 1, 2016; to the Committee on law, the report of a rule entitled ‘‘Airworthi- ment of Class E Airspace; Linton, ND’’ Commerce, Science, and Transportation. ness Directives; Bombardier, Inc. Airplanes’’ ((RIN2120–AA66) (Docket No. FAA–2016–5456)) EC–6844. A communication from the Man- ((RIN2120–AA64) (Docket No. FAA–2016–5459)) received during adjournment of the Senate agement and Program Analyst, Federal received during adjournment of the Senate in the Office of the President of the Senate Aviation Administration, Department of in the Office of the President of the Senate on September 1, 2016; to the Committee on Transportation, transmitting, pursuant to on September 1, 2016; to the Committee on Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘Amend- Commerce, Science, and Transportation. EC–6837. A communication from the Man- ment of Class C Airspace; Peoria, IL’’ EC–6830. A communication from the Man- agement and Program Analyst, Federal ((RIN2120–AA66) (Docket No. FAA–2016–7416)) agement and Program Analyst, Federal Aviation Administration, Department of received during adjournment of the Senate Aviation Administration, Department of Transportation, transmitting, pursuant to in the Office of the President of the Senate Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Establish- on September 1, 2016; to the Committee on law, the report of a rule entitled ‘‘Airworthi- ment of Class E Airspace; Platte, SD’’ Commerce, Science, and Transportation. ness Directives; Continental Motors, Inc. Re- ((RIN2120–AA66) (Docket No. FAA–2016–5386)) EC–6845. A communication from the Man- ciprocating Engines’’ ((RIN2120–AA64) (Dock- received during adjournment of the Senate agement and Program Analyst, Federal et No. FAA–2012–0002)) received during ad- in the Office of the President of the Senate Aviation Administration, Department of journment of the Senate in the Office of the on September 1, 2016; to the Committee on Transportation, transmitting, pursuant to President of the Senate on September 1, 2016; Commerce, Science, and Transportation. law, the report of a rule entitled ‘‘Revoca- to the Committee on Commerce, Science, EC–6838. A communication from the Man- tion of Class E Airspace; Lake Providence, and Transportation. agement and Program Analyst, Federal LA’’ ((RIN2120–AA66) (Docket No. FAA–2016– EC–6831. A communication from the Man- Aviation Administration, Department of 4236)) received during adjournment of the agement and Program Analyst, Federal Transportation, transmitting, pursuant to Senate in the Office of the President of the Aviation Administration, Department of law, the report of a rule entitled ‘‘Establish- Senate on September 1, 2016; to the Com- Transportation, transmitting, pursuant to ment of Class E Airspace; Harvey, ND’’ mittee on Commerce, Science, and Transpor- law, the report of a rule entitled ‘‘Airworthi- ((RIN2120–AA66) (Docket No. FAA–2016–5487)) tation.

VerDate Sep 11 2014 04:32 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.013 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5469 EC–6846. A communication from the Man- (RIN2140–AB22) received during adjournment Arts, transmitting, pursuant to law, a notice agement and Program Analyst, Federal of the Senate in the Office of the President relative to the Semiannual Report of the In- Aviation Administration, Department of of the Senate on August 29, 2016; to the Com- spector General and the Chairman’s Semi- Transportation, transmitting, pursuant to mittee on Commerce, Science, and Transpor- annual Report on Final Action Resulting law, the report of a rule entitled ‘‘Revoca- tation. from Audit Reports, Inspection Reports, and tion of Class D Airspace; North, SC’’ EC–6854. A communication from the Fed- Evaluation Reports for the period from Octo- ((RIN2120–AA66) (Docket No. FAA–2016–1074)) eral Register Liaison Officer, Alcohol and ber 1, 2015 through March 31, 2016; to the received during adjournment of the Senate Tobacco Tax and Trade Bureau, Department Committee on Homeland Security and Gov- in the Office of the President of the Senate of the Treasury, transmitting, pursuant to ernmental Affairs. on September 1, 2016; to the Committee on law, the report of a rule entitled ‘‘Establish- EC–6861. A communication from the Acting Commerce, Science, and Transportation. ment of the Champlain Valley of New York Director, Office of Sustainable Fisheries, De- EC–6847. A communication from the Acting Viticultural Area’’ (RIN1513–AC19) received partment of Commerce, transmitting, pursu- Director, Office of Sustainable Fisheries, De- during adjournment of the Senate in the Of- ant to law, the report of a rule entitled partment of Commerce, transmitting, pursu- fice of the President of the Senate on Sep- ‘‘Fisheries of the Exclusive Economic Zone ant to law, the report of a rule entitled tember 1, 2016; to the Committee on Com- Off Alaska; Northern Rockfish in the West- ‘‘Fisheries of the Northeastern United merce, Science, and Transportation. ern Regulatory Area of the Gulf of Alaska’’ States; Small-Mesh Multispecies Fishery; EC–6855. A communication from the Fed- (RIN0648–XE707) received during adjourn- Adjustment to the Northern Red Hake eral Register Liaison Officer, Alcohol and ment of the Senate in the Office of the Presi- Inseason Possession Limit’’ (RIN0648–XE787) Tobacco Tax and Trade Bureau, Department dent of the Senate on September 1, 2016; to received during adjournment of the Senate of the Treasury, transmitting, pursuant to the Committee on Commerce, Science, and in the Office of the President of the Senate law, the report of a rule entitled ‘‘Expansion Transportation. on September 2, 2016; to the Committee on of the Sta. Rita Hills Viticultural Area’’ f Commerce, Science, and Transportation. (RIN1513–AC10) received during adjournment EC–6848. A communication from the Direc- of the Senate in the Office of the President REPORTS OF COMMITTEES tor, Office of Sustainable Fisheries, Depart- of the Senate on September 1, 2016; to the ment of Commerce, transmitting, pursuant Committee on Commerce, Science, and The following reports of committees to law, the report of a rule entitled ‘‘Fish- Transportation. were submitted: eries of the Exclusive Economic Zone Off EC–6856. A communication from the Assist- By Ms. MURKOWSKI, from the Committee Alaska; Dusky Rockfish in the Western Reg- ant Chief Counsel for Hazmat Division, Pipe- on Energy and Natural Resources, with an ulatory Area of the Gulf of Alaska’’ line and Hazardous Materials Safety Admin- amendment in the nature of a substitute: (RIN0648–XE708) received during adjourn- istration, Department of Transportation, S. 815. A bill to provide for the conveyance ment of the Senate in the Office of the Presi- transmitting, pursuant to law, the report of of certain Federal land in the State of Or- dent of the Senate on September 1, 2016; to a rule entitled ‘‘Hazardous Materials: FAST egon to the Cow Creek Band of Umpqua the Committee on Commerce, Science, and Act Requirements for Flammable Liquids Tribe of Indians (Rept. No. 114–345). Transportation. and Rail Tank Cars’’ (RIN2137–AF17) received By Ms. MURKOWSKI, from the Committee EC–6849. A communication from the Direc- during adjournment of the Senate in the Of- on Energy and Natural Resources, without tor, Office of Sustainable Fisheries, Depart- fice of the President of the Senate on Sep- amendment and an amendment to the title: ment of Commerce, transmitting, pursuant tember 1, 2016; to the Committee on Com- S. 1007. A bill to amend the Dayton Avia- to law, the report of a rule entitled ‘‘Fish- merce, Science, and Transportation. tion Heritage Preservation Act of 1992 to re- eries of the Exclusive Economic Zone Off EC–6857. A communication from the Chief name a site of the Dayton Aviation Heritage Alaska; Reallocation of Pollock in the Ber- of Staff, Media Bureau, Federal Communica- National Historical Park (Rept. No. 114–346). ing Sea and Aleutian Islands’’ (RIN0648– tions Commission, transmitting, pursuant to By Ms. MURKOWSKI, from the Committee XE789) received during adjournment of the law, the report of a rule entitled ‘‘Amend- on Energy and Natural Resources, with an Senate in the Office of the President of the ment of Section 73.202(b), FM Table of Allot- amendment in the nature of a substitute and Senate on September 1, 2016; to the Com- ments, FM Broadcast Stations (Maryville, an amendment to the title: mittee on Commerce, Science, and Transpor- Missouri)’’ ((MB Docket No. 16–68) (DA 16– S. 1448. A bill to designate the Frank tation. 894)) received during adjournment of the Moore Wild Steelhead Sanctuary in the EC–6850. A communication from the Direc- Senate in the Office of the President of the State of Oregon (Rept. No. 114–347). tor, Office of Sustainable Fisheries, Depart- Senate on September 2, 2016; to the Com- S. 2309. A bill to amend title 54, United ment of Commerce, transmitting, pursuant mittee on Commerce, Science, and Transpor- States Code, to establish within the National to law, the report of a rule entitled ‘‘Fish- tation. Park Service the U.S. Civil Rights Network, eries of the Northeastern United States; EC–6858. A communication from the Dep- and for other purposes (Rept. No. 114–348). Summer Flounder Fishery; Commercial uty Chief, Consumer and Governmental Af- f Quota Harvested for the Commonwealth of fairs Bureau, Federal Communications Com- Massachusetts’’ (RIN0648–XE810) received mission, transmitting, pursuant to law, the EXECUTIVE REPORTS OF during adjournment of the Senate in the Of- report of a rule entitled ‘‘Rules and Regula- COMMITTEE fice of the President of the Senate on Sep- tions Implementing the Telephone Consumer tember 1, 2016; to the Committee on Com- Protection Act of 1991’’ ((FCC 16–99) (CG The following executive reports of merce, Science, and Transportation. Docket No. 02–278)) received during adjourn- nominations were submitted: EC–6851. A communication from the Direc- ment of the Senate in the Office of the Presi- By Mr. GRASSLEY for the Committee on tor, Office of Sustainable Fisheries, Depart- dent of the Senate on September 2, 2016; to the Judiciary. ment of Commerce, transmitting, pursuant the Committee on Commerce, Science, and Kathleen Marie Sweet, of New York, to be to law, the report of a rule entitled ‘‘Fish- Transportation. United States District Judge for the Western eries of the Northeastern United States; At- EC–6859. A communication from the Chief District of New York. lantic Bluefish Fishery; Quota Transfer’’ of Staff, Media Bureau, Federal Communica- Danny C. Reeves, of Kentucky, to be a (RIN0648–XE802) received during adjourn- tions Commission, transmitting, pursuant to Member of the United States Sentencing ment of the Senate in the Office of the Presi- law, the report of a rule entitled ‘‘2014 Quad- Commission for a term expiring October 31, dent of the Senate on September 1, 2016; to rennial Regulatory Review—Review of the 2019. the Committee on Commerce, Science, and Commission’s Broadcast Ownership Rules Charles R. Breyer, of California, to be a Transportation. and Other Rules Adopted Pursuant to Sec- Member of the United States Sentencing EC–6852. A communication from the Direc- tion 202 of the Telecommunications Act of Commission for a term expiring October 31, tor, Office of Sustainable Fisheries, Depart- 1996; 2010 Quadrennial Regulatory Review— 2021. ment of Commerce, transmitting, pursuant Review of the Commission’s Broadcast Own- to law, the report of a rule entitled ‘‘Fish- ership Rules and Other Rules Adopted Pursu- (Nominations without an asterisk eries of the Northeastern United States; ant to Section 202 of the Telecommuni- were reported with the recommenda- Scup Fishery; Adjustment to the 2016 Winter cations Act of 1996; Promoting Diversifica- tion that they be confirmed.) II Quota’’ (RIN0648–XE755) received during tion of Ownership in the Broadcasting Serv- f adjournment of the Senate in the Office of ices; Rules and Policies Concerning Attribu- the President of the Senate on September 1, tion of Joint Sales Agreements in Local Tel- INTRODUCTION OF BILLS AND 2016; to the Committee on Commerce, evision Markets’’ ((FCC 16–107) (MB Docket JOINT RESOLUTIONS Science, and Transportation. No. 14–50; MB Docket No. 09–182; MB Docket The following bills and joint resolu- EC–6853. A communication from the Chair- No. 07–294; and MB Docket No. 04–256)) re- tions were introduced, read the first man of the Office of Proceedings, Surface ceived during adjournment of the Senate in and second times by unanimous con- Transportation Board, Department of Trans- the Office of the President of the Senate on portation, transmitting, pursuant to law, the September 2, 2016; to the Committee on Com- sent, and referred as indicated: report of a rule entitled ‘‘On-Time Perform- merce, Science, and Transportation. By Ms. AYOTTE: ance Under Section 213 of the Passenger Rail EC–6860. A communication from the Chair- S. 3299. A bill to direct the Secretary of Investment and Improvement Act of 2008’’ man of the National Endowment for the Homeland Security to notify air carriers and

VerDate Sep 11 2014 04:32 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.014 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5470 CONGRESSIONAL RECORD — SENATE September 8, 2016 security screening personnel of the Trans- WIN, Mrs. BOXER, Mrs. GILLIBRAND, spect to foreign persons responsible for portation Security Administration of the Mrs. MCCASKILL, Ms. WARREN, Mrs. gross violations of internationally rec- guidelines of the Administration regarding MURRAY, Mrs. SHAHEEN, Ms. KLO- ognized human rights against lesbian, permitting baby formula, breast milk, and BUCHAR, Mrs. ERNST, Ms. HIRONO, gay, bisexual, and transgender individ- juice on aircraft, and for other purposes; to Mrs. FISCHER, Mr. PETERS, and Mr. uals, and for other purposes. the Committee on Commerce, Science, and CARDIN): Transportation. S. Res. 550. A resolution designating the At the request of Mrs. SHAHEEN, the By Mr. FLAKE (for himself and Mr. week of September 5 through September 9, names of the Senator from Vermont MCCAIN): 2016, as ‘‘Recognizing the 40th Anniversary of (Mr. SANDERS), the Senator from S. 3300. A bill to approve the settlement of Women at the United States Naval Academy Vermont (Mr. LEAHY), the Senator water rights claims of the Hualapai Tribe Week’’ ; considered and agreed to. from Maine (Ms. COLLINS), the Senator and certain allottees in the State of Arizona, f from New York (Mr. SCHUMER), the to authorize construction of a water project Senator from Rhode Island (Mr. WHITE- relating to those water rights claims, and for ADDITIONAL COSPONSORS HOUSE), the Senator from California other purposes; to the Committee on Indian S. 17 Affairs. (Mrs. BOXER), the Senator from Ohio At the request of Mr. VITTER, the By Mr. RUBIO: (Mr. BROWN), the Senator from New S. 3301. A bill to amend the Small Business name of the Senator from Montana Mexico (Mr. HEINRICH) and the Senator Act to ensure small businesses affected by (Mr. TESTER) was added as a cosponsor from Illinois (Mr. DURBIN) were added the onset of transmissible diseases are eligi- of S. 17, a bill to repeal the provision of as cosponsors of S. 2645, supra. ble for disaster relief; to the Committee on law that provides automatic pay ad- S. 2702 Small Business and Entrepreneurship. justments for Members of Congress. At the request of Mr. CASEY, the By Mrs. BOXER: S. 275 S. 3302. A bill establishing the Centers for name of the Senator from Massachu- Disease Control and Prevention Emergency At the request of Mr. ISAKSON, the setts (Mr. MARKEY) was added as a co- Response Fund for the Director of the Cen- names of the Senator from Georgia sponsor of S. 2702, a bill to amend the ters for Disease Control and Prevention to (Mr. PERDUE) and the Senator from Internal Revenue Code of 1986 to allow provide assistance for a public health emer- Mississippi (Mr. WICKER) were added as individuals with disabilities to save ad- gency, and for other purposes; to the Com- cosponsors of S. 275, a bill to amend ditional amounts in their ABLE ac- mittee on Health, Education, Labor, and title XVIII of the Social Security Act counts above the current annual max- Pensions. to provide for the coverage of home as imum contribution if they work and By Mr. TOOMEY: S. 3303. A bill to exempt firefighters and a site of care for infusion therapy earn income. police officers from the government pension under the Medicare program. S. 2703 offset and windfall elimination provisions S. 1476 At the request of Mr. CASEY, the under the Social Security Act; to the Com- At the request of Mrs. BOXER, the name of the Senator from Massachu- mittee on Finance. name of the Senator from Washington setts (Mr. MARKEY) was added as a co- By Mr. THUNE: (Mrs. MURRAY) was added as a cospon- sponsor of S. 2703, a bill to amend the S. 3304. A bill to direct the Secretary of sor of S. 1476, a bill to require States to Internal Revenue Code of 1986 to allow Veterans Affairs to improve the Veterans rollovers between 529 programs and Crisis Line; to the Committee on Veterans’ report to the Attorney General certain Affairs. information regarding shooting inci- ABLE accounts. By Mr. GRASSLEY: dents involving law enforcement offi- S. 2704 S. 3305. A bill to amend title XVIII of the cers, and for other purposes. At the request of Mr. CASEY, the Social Security Act to require the use of S. 1634 name of the Senator from Massachu- electronic visit verification systems for setts (Mr. MARKEY) was added as a co- home health services under the Medicare At the request of Ms. KLOBUCHAR, the name of the Senator from Wisconsin sponsor of S. 2704, a bill to amend the program; to the Committee on Finance. Internal Revenue Code of 1986 to in- (Ms. BALDWIN) was added as a cospon- By Mr. LANKFORD (for himself and crease the age requirement with re- Mr. MORAN): sor of S. 1634, a bill to amend the Fed- spect to eligibility for qualified ABLE S. 3306. A bill to amend title 18, United eral antitrust laws to provide expanded programs. States Code, to prohibit dismemberment coverage and to eliminate exemptions abortions, and for other purposes; to the from such laws that are contrary to the S. 2720 Committee on the Judiciary. At the request of Ms. BALDWIN, the By Mr. WARNER (for himself and Ms. public interest with respect to rail- roads. name of the Senator from New Jersey COLLINS): (Mr. MENENDEZ) was added as a cospon- S. 3307. A bill to amend the Internal Rev- S. 2253 sor of S. 2720, a bill to require the Secu- enue Code of 1986 and the Employee Retire- At the request of Mr. BLUMENTHAL, rities and Exchange Commission to ment Income Security Act of 1974 to avoid the names of the Senator from duplicative annual reporting, and for other amend certain regulations, and for Vermont (Mr. SANDERS) and the Sen- purposes; to the Committee on Health, Edu- other purposes. ator from Minnesota (Ms. KLOBUCHAR) cation, Labor, and Pensions. S. 2763 were added as cosponsors of S. 2253, a By Mr. PAUL (for himself, Mr. MUR- At the request of Mr. CORNYN, the PHY, Mr. LEE, and Mr. FRANKEN): bill to amend title 38, United States name of the Senator from North Caro- S.J. Res. 39. A joint resolution relating to Code, to provide veterans affected by lina (Mr. TILLIS) was added as a co- the disapproval of the proposed foreign mili- closures of educational institutions sponsor of S. 2763, a bill to provide the tary sale to the Government of the Kingdom certain relief and restoration of edu- of Saudi Arabia of M1A1/A2 Abrams Tank victims of Holocaust-era persecution cational benefits, and for other pur- and their heirs a fair opportunity to re- structures and other major defense equip- poses. ment; to the Committee on Foreign Rela- cover works of art confiscated or mis- tions. S. 2311 appropriated by the Nazis. f At the request of Mrs. GILLIBRAND, S. 2890 the name of the Senator from Pennsyl- At the request of Ms. AYOTTE, the SUBMISSION OF CONCURRENT AND vania (Mr. CASEY) was added as a co- name of the Senator from California SENATE RESOLUTIONS sponsor of S. 2311, a bill to amend the (Mrs. FEINSTEIN) was added as a co- The following concurrent resolutions Public Health Service Act to authorize sponsor of S. 2890, a bill to require the and Senate resolutions were read, and the Secretary of Health and Human Secretary of the Treasury to mint referred (or acted upon), as indicated: Services, acting through the Adminis- coins in recognition of Christa By Mr. MARKEY (for himself, Ms. trator of the Health Resources and McAuliffe. WARREN, Mr. CASEY, Mrs. GILLI- Services Administration, to make S. 2927 BRAND, and Mr. BOOKER): grants to States for screening and At the request of Mr. LANKFORD, the S. Res. 549. A resolution expressing a com- treatment for maternal depression. name of the Senator from North Da- mitment by the Senate to never forget the S. 2645 service of aviation’s first responders; consid- kota (Mr. HOEVEN) was added as a co- ered and agreed to. At the request of Ms. MURKOWSKI, her sponsor of S. 2927, a bill to prevent gov- By Ms. MIKULSKI (for herself, Ms. name was added as a cosponsor of S. ernmental discrimination against pro- COLLINS, Ms. STABENOW, Ms. BALD- 2645, a bill to impose sanctions with re- viders of health services who decline

VerDate Sep 11 2014 04:32 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.018 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5471 involvement in abortion, and for other S. 3179 dent from using funds appropriated purposes. At the request of Ms. HEITKAMP, the under section 1304 of title 31, United S. 2932 name of the Senator from Wyoming States Code, to make payments to At the request of Mr. CASSIDY, the (Mr. BARRASSO) was added as a cospon- Iran, to impose sanctions with respect name of the Senator from Kansas (Mr. sor of S. 3179, a bill to amend the Inter- to Iranian persons that hold or detain ROBERTS) was added as a cosponsor of nal Revenue Code of 1986 to improve United States citizens, and for other S. 2932, a bill to amend the Controlled and extend the credit for carbon diox- purposes. Substances Act with respect to the pro- ide sequestration. S. 3296 vision of emergency medical services. S. 3195 At the request of Mr. MCCAIN, the S. 2934 At the request of Mr. CASSIDY, the names of the Senator from Georgia At the request of Mr. SCHUMER, the name of the Senator from North Caro- (Mr. ISAKSON), the Senator from Mis- name of the Senator from California lina (Mr. TILLIS) was added as a co- sissippi (Mr. WICKER), the Senator from (Mrs. FEINSTEIN) was added as a co- sponsor of S. 3195, a bill to amend title Colorado (Mr. GARDNER), the Senator sponsor of S. 2934, a bill to ensure that XVIII of the Social Security Act to from North Carolina (Mr. TILLIS) and all individuals who should be prohib- preserve Medicare beneficiary access to the Senator from Georgia (Mr. PERDUE) ited from buying a firearm are listed in ventilators, and for other purposes. were added as cosponsors of S. 3296, a the national instant criminal back- S. 3230 bill to amend the Internal Revenue ground check system and require a At the request of Mr. KING, the name Code of 1986 to provide an exemption to background check for every firearm of the Senator from Maine (Ms. COL- the individual mandate to maintain sale. LINS) was added as a cosponsor of S. health coverage for individuals resid- S. 2993 3230, a bill to amend the Older Ameri- ing in counties with fewer than 2 health insurance issuers offering plans At the request of Mrs. FISCHER, the cans Act of 1965 to establish an initia- name of the Senator from Nebraska tive, carried out by the Assistant Sec- on an Exchange. (Mr. SASSE) was added as a cosponsor retary for Aging, to coordinate Federal S. CON. RES. 49 of S. 2993, a bill to direct the Adminis- efforts and programs for home modi- At the request of Mr. UDALL, the trator of the Environmental Protection fications enabling older individuals to name of the Senator from Alaska (Ms. Agency to change the spill prevention, live independently and safely in a MURKOWSKI) was added as a cosponsor control, and countermeasure rule with home environment, and for other pur- of S. Con. Res. 49, a concurrent resolu- respect to certain farms. poses. tion supporting efforts to stop the S. 3039 S. 3251 theft, illegal possession or sale, trans- fer, and export of tribal cultural items At the request of Mr. KING, the name At the request of Mr. COTTON, the of the Senator from North Carolina name of the Senator from Georgia (Mr. of Indians, Alaska Natives, and Native Hawaiians in the United States and (Mr. TILLIS) was added as a cosponsor PERDUE) was added as a cosponsor of S. of S. 3039, a bill to support programs 3251, a bill to amend the Internal Rev- internationally. for mosquito-borne and other vector- enue Code of 1986 to provide an exemp- AMENDMENT NO. 4981 borne disease surveillance and control. tion to the individual mandate to At the request of Mr. REID, his name S. 3065 maintain health coverage for certain was added as a cosponsor of amend- ment No. 4981 proposed to S. 2848, a bill At the request of Mr. WYDEN, the individuals whose premium has in- name of the Senator from Michigan creased by more than 10 percent, and to provide for the conservation and de- velopment of water and related re- (Ms. STABENOW) was added as a cospon- for other purposes. sor of S. 3065, a bill to amend parts B S. 3256 sources, to authorize the Secretary of the Army to construct various projects and E of title IV of the Social Security At the request of Mr. DURBIN, the Act to invest in funding prevention and name of the Senator from California for improvements to rivers and harbors of the United States, and for other pur- family services to help keep children (Mrs. BOXER) was added as a cosponsor safe and supported at home, to ensure of S. 3256, a bill to amend the Foreign poses. that children in foster care are placed Assistance Act of 1961 to provide assist- AMENDMENT NO. 4983 in the least restrictive, most family- ance for developing countries to pro- At the request of Mr. BLUMENTHAL, like, and appropriate settings, and for mote quality basic education and to es- the name of the Senator from Con- other purposes. tablish the goal of all children in necticut (Mr. MURPHY) was added as a S. 3153 school and learning as an objective of cosponsor of amendment No. 4983 in- tended to be proposed to S. 2848, a bill At the request of Mr. ROUNDS, the the United States foreign assistance name of the Senator from Colorado policy, and for other purposes. to provide for the conservation and de- velopment of water and related re- (Mr. GARDNER) was added as a cospon- S. 3276 sources, to authorize the Secretary of sor of S. 3153, a bill to require the Fed- At the request of Mr. GRASSLEY, the eral financial institutions regulatory names of the Senator from Alabama the Army to construct various projects for improvements to rivers and harbors agencies to take risk profiles and busi- (Mr. SHELBY) and the Senator from of the United States, and for other pur- ness models of institutions into ac- Kentucky (Mr. MCCONNELL) were added count when taking regulatory actions, as cosponsors of S. 3276, a bill to make poses. and for other purposes. habitual drunk drivers inadmissible f S. 3155 and removable and to require the de- STATEMENTS ON INTRODUCED At the request of Mr. HATCH, the tention of any alien who is unlawfully BILLS AND JOINT RESOLUTIONS present in the United States and has name of the Senator from New Mexico By Mr. RUBIO: been charged with driving under the in- (Mr. UDALL) was added as a cosponsor S. 3301. A bill to amend the Small fluence or driving while intoxicated. of S. 3155, a bill to amend chapter 97 of Business Act to ensure small busi- title 28, United States Code, to clarify S. 3281 nesses affected by the onset of trans- the exception to foreign sovereign im- At the request of Mr. REID, the missible diseases are eligible for dis- munity set forth in section 1605(a)(3) of names of the Senator from Oregon (Mr. aster relief; to the Committee on Small such title. MERKLEY) and the Senator from New Business and Entrepreneurship. S. 3164 Mexico (Mr. HEINRICH) were added as Mr. RUBIO. Mr. President, I come to At the request of Mrs. SHAHEEN, the cosponsors of S. 3281, a bill to extend the floor again—I believe for the 10th name of the Senator from New Jersey the Iran Sanctions Act of 1996. time since March—to discuss the Zika (Mr. MENENDEZ) was added as a cospon- S. 3285 virus. sor of S. 3164, a bill to provide protec- At the request of Mr. RUBIO, the The first time I talked about this was tion for survivors of domestic violence name of the Senator from Nebraska back in January. There was a report or sexual assault under the Fair Hous- (Mr. SASSE) was added as a cosponsor out that said Zika, the disease, was ing Act. of S. 3285, a bill to prohibit the Presi- being transmitted by mosquitoes and

VerDate Sep 11 2014 04:32 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.020 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5472 CONGRESSIONAL RECORD — SENATE September 8, 2016 there was an outbreak in Brazil. Imme- have mosquitoes. It didn’t take a sci- down. It is going to hurt the State of diately for me alarm bells went off be- entist or an expert in Zika to know the Florida because of failed tax revenue cause being from Miami, FL, my home- combination of those two things were and so forth. It is going to hurt one of town, if you go to the airport and look going to lead to locally based trans- the engines of our tourism sector—the at the board, the number of flights mission. Sadly, that is what is hap- reports of this transmission. You know coming from Brazil to South Florida, pening. what is hurting it even worse? When the numbers are high. There are dozens There is a neighborhood in Miami, people turn on the news, people are of flights a week back and forth. My FL, called Wynwood. This was an area hearing there are people being infected immediate thought at that time was that is economically depressed and it with Zika in Florida and Congress is that this is going to be an issue for has come alive. It is a center of art. still haggling and fighting over it and Florida and ultimately for America, They have these murals where graffiti can’t get anything done. That does not given the amount of travel back and artists were allowed to come in and put inspire confidence. forth. in these extraordinary murals. It is not So today I have filed a bill, an addi- I also saw the outbreak in the terri- graffiti. It is art. It is a place where the tional bill, in addition to calling on us tory of Puerto Rico, a place I have art community is centered and has to move on Zika. Let me touch on this taken a tremendous interest in since come alive with some of the best res- first. It is inexcusable. How did we get my time here. As everyone knows, taurants in South Florida. This is the to this point? How did a public health Puerto Rico is not officially rep- Wynwood community. crisis become a political tool to be resented in this Chamber, but I, along It is a magnet for tourists. There are played with back and forth? Yet that is with my colleagues Senator MENENDEZ people who fly to Florida, and South what Washington has become, a place of New Jersey and Senator NELSON of Florida in particular, and go straight that has become expert at literally Florida, have always looked out for the to Wynwood because they want to be in turning any issue into a political issue, interests of the island and its people that area. It was the first area im- and it has done so again with this who are U.S. citizens. So knowing the pacted, and the CDC came out with a issue. That is why people are grossed link between Florida and Puerto Rico warning telling people to avoid a out and disgusted with American poli- and the link between Zika and Puerto neighborhood. This is usually the kind tics. When they watch the news and see Rico, I knew as early as January that of advisory that goes out about avoid- this fighting, they don’t get it. They this was going to be an issue. I imme- ing other countries, telling Americans understand there is this problem with diately talked to our Border Patrol and travelers, specifically, to avoid a Zika, and it is spreading and hurting folks and our Customs people at our certain part of a certain neighborhood. people. We just had a case of a child airports and seaports about ensuring Can you imagine the impact it had born in Miami Dade County, at the we are doing everything we can. on the businesses in that community? Jackson Memorial Hospital—not with In March, when the President came We talked about the human toll of microcephaly but with Zika—a child, a out in February and March and talked Zika, of the infection, and of what it baby, starting out life infected with about the need for $1.9 billion to fight does to unborn children, but there is Zika. They are asking: How can you Zika, I believe I was the first Repub- also the economic impact of having a guys turn this thing into a political lican—certainly in this Chamber—to lead health care agency in charge of issue? That is what Washington has come out in favor of that request be- public health in America issue a warn- done. Both parties are to blame. It cause my argument at the time was, ing to Americans to avoid a neighbor- took too long for some in my party to we don’t know fully what we are deal- hood in an American city. I promise come to the realization this was impor- ing with here, but let’s get ahead of it. you that was not good for those busi- tant. On the Democratic side, they Let’s jump in front of it and let’s deal nesses. Some of these businesses had to have come up with excuses to be with it. Otherwise it will only get close for weeks on end and days on end. against the proposal, but I will say worse. Unfortunately, that didn’t hap- Then a few weeks later we had re- this: The Senate did it. The Senate pen. ports of the disease being transmitted funded it. I think at this point, that is In much of April and March, there on Miami Beach. I don’t need to tell probably the fastest and best way for- was not much attention paid to this. you about Miami Beach. Everyone ward, if we are serious about funding So cases started coming up domesti- knows about Miami Beach. It is the this, is to go back to what the Senate cally, mostly travel-related. The Sen- cornerstone of tourism in South Flor- did. I continue to work with our col- ate did move, and I am proud of the ida. People come to Miami Beach from leagues to make sure that is a part of fact that after some back and forth, all over the world to enjoy world-class whatever vehicle we use to fund the this place worked. We worked across beaches, nightlife, entertainment, and government and keep it open through the aisle, and I worked with Senator restaurants. I want you to put yourself most of the rest of this year. NELSON on his proposal and other pro- in a position of a small business But today I filed a bill to help people posals. In fact, I believe I am the only owner—not just a large hotel chain, being economically impacted by it. It Member of Congress who voted in favor which is relevant here, but a small is a bill that deals with the Small Busi- of every single Zika proposal because business owner. ness Administration. What it does is it in my mind I wanted the money to flow Imagine if you are a family who runs basically gives the Small Business Ad- so local governments and States could a restaurant on Collins Avenue in ministration the authority to give out deal with it and researchers could de- Miami Beach. You are depending your small business loans to communities velop a vaccine. We passed a law for whole year, your budget and your pay- negatively impacted by health-related $1.1 billion. It was a product of com- roll is built on a predictable pattern of travel advisories issued by the Centers promise. It was less than what the travelers coming in the summer and for Disease Control and Prevention. As President asked for, but it began to coming in the fall and especially in the you know, as I said earlier, the CDC move. Unfortunately, the House had a winter. You are estimating the number has already issued those travel different idea and this is where we are of travelers who will come in. They advisories to Wynwood and for the today. will leave money at these restaurants South Beach areas of Miami-Dade When we left in July, there had not and they are going to go home. Now County, but that does not mean a week been a reported case of a transmission you have a report of these trans- from now there will not be another of Zika by a mosquito, but as I warned missions and similar warnings as well. area added to that, including another through April, May, June, and July, it What you learn from this is that this area in your State, my colleagues. You was only a matter of time. If you spent Zika issue is not just a health care don’t know when that is coming. So if any amount of time in Florida, you issue—and that is by far the primary they were hit by a storm, they would know it is hot, it is humid, that it focus of what our attention should be— qualify for this. If they were hit by any rains, and there are a lot of mosqui- but it is also an economic issue and it other disaster, they would qualify for toes. You have a State which is a key is hurting small businesses. It is hurt- this. They have been hit by a storm. It entry point between key areas and the ing the municipalities. Miami Beach as happens to be a health care storm. It is continental United States and you a city is going to see tax revenues go hurting them economically. We need to

VerDate Sep 11 2014 04:32 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.035 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5473 make sure they have the flexibility and 81 in uniform, who have been impacted Mr. BOOKER) submitted the following the ability to provide this short-term, by it, and 19 of their dependents, 3 of resolution; which was considered and low-interest loans to small businesses them who are pregnant. agreed to: to be able to weather this health care Second, the small business relief. S. RES. 549 Zika storm. Please put yourself in the position of a Whereas the events of September 11, 2001, I don’t know for the life of me why family-owned business on South Beach forever changed the United States as the anybody would be against this. I don’t or in Wynwood. They are being hurt. people of the United States faced unspeak- know what possible way you could try Instead of having 50 people coming in a able destruction and grief that touched mil- to politicize it. I am not sure why any- day, they have 5 or 10. They need help. lions of lives; body would object to it. My hope is, we If they had lost power or been hit by a Whereas 4 commercial aircraft were turned hurricane or a tornado, this would not into weapons of mass destruction, killing can move quickly on this. It is impor- nearly 3,000 innocent people at the World tant. be an issue, but they have been hit by Trade Center, the Pentagon, and in I know there is a lot of jurisdictional a tornado of a different kind, one they Shanksville, Pennsylvania; pride around here and committees will did not cause and they could not pre- Whereas the crewmembers of United Flight say: Well, you have to come through us dict and they could not insure against; 175, American Flight 11, American Flight 77, first because we are the chairmen and that is, Zika. and United Flight 93 acted as first respond- this is our committee. I hope you can Let’s make sure the SBA has the ers, providing the first information about make an exception on this issue be- flexibility to provide them their loans. the unfolding attacks and selflessly pro- So in addition to funding this—we have tecting the United States and the lives of cause these businesses are hurting. countless others; They are hurting badly because of what to get the Zika thing done, it cannot Whereas ever since 9/11, pilots and flight has happened, and it is only going to continue to languish—we have to get attendants in the United States report to get worse for them as these reports the SBA flexibility built into our law work with heightened responsibilities as come out. so these small businesses can be pro- first responders and as the last line of de- I hope we can get that passed. Here is vided the resources they need to stay fense in aviation security; and another thing people don’t know. Our open and not close down as a result of Whereas the bravery of the crewmembers a travel advisory because of a disease 15 years ago and our crewmember heroes are service men and women are deployed prominent in the hearts and minds of the all over the world. Unlike people who being spread by mosquitoes. people of the United States; Now, therefore, travel, they don’t have a choice. When I think we would all agree we have to be it the U.S. military tells you and your de- make sure we are doing everything we Resolved, That the Senate— pendents you must now go to Hon- can to protect our men and women in (1) forever memorializes the service of duras, you are now going to be sta- uniform who are not going by choice. aviation’s first responders on that fateful tioned at a base in Guantanamo Bay or They are being deployed to these places day; and (2) will always seek to honor the sacrifice you are going to be stateside, but you where Zika is prevalent. They are being infected. There is no excuse for of aviation’s first responders, who continue are going to be in Puerto Rico—when to keep the United States safe today. us to not help them as well. So these they deploy you, you can’t say: Well, I f am not going because there is Zika are the three things I hope we will do there. You have to go. We need to before Congress adjourns at the end of SENATE RESOLUTION 550—DESIG- make sure we are protecting our men this month: Fund Zika fully, give flexi- NATING THE WEEK OF SEP- and women. bility for our small businesses that TEMBER 5 THROUGH SEPTEMBER According to the Pentagon, as of have been impacted by Zika to get SBA 9, 2016, AS ‘‘RECOGNIZING THE today, there are 81 servicemembers and loans, and do everything we can by 40TH ANNIVERSARY OF WOMEN 19 dependents who have tested positive passing a law that gives the Depart- AT THE UNITED STATES NAVAL for the Zika virus. Three of them, by ment of Defense the flexibility they ACADEMY WEEK’’ the way, are pregnant. So I have filed need to use existing money to protect Ms. MIKULSKI (for herself, Ms. COL- a second bill to protect our service- our men and women in uniform and LINS, Ms. STABENOW, Ms. BALDWIN, Mrs. members from Zika. It is called the their families from being infected by BOXER, Mrs. GILLIBRAND, Mrs. MCCAS- Servicemembers’ Zika Protection Act. Zika when deployed. KILL, Ms. WARREN, Mrs. MURRAY, Mrs. It provides U.S. troops with additional SHAHEEN, Ms. KLOBUCHAR, Mrs. ERNST, protections from the Zika virus by au- By Mrs. BOXER: Ms. HIRONO, Mrs. FISCHER, Mr. PETERS, S. 3302. A bill establishing the Cen- thorizing the Secretary of Defense to and Mr. CARDIN) submitted the fol- ters for Disease Control and Prevention transfer funds within the existing De- lowing resolution; which was consid- Emergency Response Fund for the Di- partment of Defense medical and ered and agreed to: rector of the Centers for Disease Con- health research accounts in order to S. RES. 550 trol and Prevention to provide assist- combat the Zika virus. Whereas, in 1975, Congress authorized I am hopeful we can unite behind ance for a public health emergency, women to attend military service academies; that as well. With over 100 members of and for other purposes; to the Com- Whereas, on July 6, 1976, 81 women mid- our military and their families already mittee on Health, Education, Labor, shipmen were inducted into the United States Naval Academy; infected with Zika, we need to take and Pensions. Mrs. BOXER. Mr. President, today I Whereas, in 1976, an African-American specific precautions to help them and have introduced legislation that will woman became the first African-American to help our foreign partners who host ensure that when there is a public woman to attend the United States Naval Americans on military bases in regions health emergency or the threat of a Academy, and graduated in 1980; that are affected by Zika. So I am also Whereas, in 1980, 55 women became the public health emergency, the Centers hopeful Congress will ultimately arrive first women to graduate from the United for Disease Control and Prevention can at an agreement this month to fund States Naval Academy, 47 percent of whom respond immediately to prevent it our Nation’s response to Zika, but also later became career officers; from becoming a national or global cri- Whereas, in 1980, a woman became the first that we ensure that those being de- sis. woman to be a distinguished graduate and ployed on our behalf receive every pro- Trident Scholar of the United States Naval f tection we can provide. Academy; So these, in addition to the broader SUBMITTED RESOLUTIONS Whereas, on May 24, 1984, a woman became argument about Zika, these are two the first woman to graduate first in class commonsense approaches giving the from the United States Naval Academy; Department of Defense flexibility to SENATE RESOLUTION 549—EX- Whereas, in 1988, an African-American move existing money around, to pro- PRESSING A COMMITMENT BY woman became the first African-American vide additional protections for our THE SENATE TO NEVER FORGET woman to be commissioned as a Naval Flight Officer from the United States Naval Acad- service men and women and their de- THE SERVICE OF AVIATION’S FIRST RESPONDERS emy; pendents who are being deployed and Whereas, in 1991, a woman midshipman be- impacted by Zika. This is not a theory. Mr. MARKEY (for himself, Ms. WAR- came the first woman Brigade Commander at We have over 100 people now, including REN, Mr. CASEY, Mrs. GILLIBRAND, and the United States Naval Academy;

VerDate Sep 11 2014 04:32 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G08SE6.036 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5474 CONGRESSIONAL RECORD — SENATE September 8, 2016 Whereas, on May 13, 1993, a member of the SA 4987. Mr. JOHNSON (for himself and tended to be proposed to amendment SA 4979 United States Naval Academy class of 1981 Ms. BALDWIN) submitted an amendment in- proposed by Mr. INHOFE to the bill S. 2848, became the first woman to be assigned to a tended to be proposed to amendment SA 4979 supra; which was ordered to lie on the table. combat aircrew; proposed by Mr. INHOFE to the bill S. 2848, SA 5004. Mrs. GILLIBRAND submitted an Whereas, on March 2, 1995, a member of the supra; which was ordered to lie on the table. amendment intended to be proposed to United States Naval Academy class of 1981 SA 4988. Mr. HOEVEN submitted an amendment SA 4979 proposed by Mr. INHOFE became the first woman from the Navy to amendment intended to be proposed to to the bill S. 2848, supra; which was ordered travel to space aboard space shuttle Endeav- amendment SA 4979 proposed by Mr. INHOFE to lie on the table. or; to the bill S. 2848, supra; which was ordered SA 5005. Ms. MURKOWSKI (for herself and Whereas, on March 12, 1999, a member of to lie on the table. Mr. SULLIVAN) submitted an amendment in- the United States Naval Academy class of SA 4989. Mr. MARKEY (for himself and Ms. tended to be proposed by her to the bill S. 1982 became the first African-American WARREN) submitted an amendment intended 2848, supra; which was ordered to lie on the woman to captain a United States Naval to be proposed to amendment SA 4979 pro- table. Ship, the USS Rushmore; posed by Mr. INHOFE to the bill S. 2848, supra; SA 5006. Mr. WARNER submitted an Whereas, in 2004, a member of the United which was ordered to lie on the table. amendment intended to be proposed to States Naval Academy class of 1998 became SA 4990. Mr. MARKEY (for himself, Ms. amendment SA 4979 proposed by Mr. INHOFE the first woman to be selected to attend the WARREN, Ms. STABENOW, and Mr. PETERS) to the bill S. 2848, supra; which was ordered Fighter Weapons School of the Navy and be- submitted an amendment intended to be pro- to lie on the table. come a Top Gun pilot; posed to amendment SA 4979 proposed by Mr. SA 5007. Mr. MCCAIN (for himself and Mr. Whereas, in 2004, a woman was first ap- INHOFE to the bill S. 2848, supra; which was FLAKE) submitted an amendment intended to pointed Vice Academic Dean at the United ordered to lie on the table. be proposed to amendment SA 4979 proposed States Naval Academy; SA 4991. Mr. MERKLEY (for himself and by Mr. INHOFE to the bill S. 2848, supra; Whereas, in 2006, a member of the United Mr. WYDEN) submitted an amendment in- which was ordered to lie on the table. States Naval Academy class of 1981 became tended to be proposed to amendment SA 4979 f proposed by Mr. INHOFE to the bill S. 2848, the first woman Commandant of Midshipmen TEXT OF AMENDMENTS at the United States Naval Academy; supra. Whereas, in 2007, a member of the United SA 4992. Mr. WYDEN (for himself, Mr. SUL- SA 4985. Ms. KLOBUCHAR (for her- States Naval Academy class of 1989 became LIVAN, Mr. MERKLEY, and Ms. HIRONO) sub- self, Mr. PORTMAN, Ms. STABENOW, and the first woman to assume command of an mitted an amendment intended to be pro- Mr. KIRK) submitted an amendment in- operational fighter squadron; posed to amendment SA 4979 proposed by Mr. tended to be proposed by her to the bill Whereas, in May 2010, the first 11 women to INHOFE to the bill S. 2848, supra; which was ordered to lie on the table. S. 2848, to provide for the conservation be trained for the Ohio Class Submarine and development of water and related graduated from the United States Naval SA 4993. Mr. MCCAIN (for himself, Mr. COT- Academy; TON, Mr. BARRASSO, Mr. SASSE, Mr. FLAKE, resources, to authorize the Secretary Whereas, in 2013, the woman that was the and Mr. JOHNSON) submitted an amendment of the Army to construct various first woman graduate of the United States intended to be proposed by him to the bill S. projects for improvements to rivers Naval Academy to command an operational 2848, supra; which was ordered to lie on the and harbors of the United States, and fighter squadron became the first woman to table. for other purposes; which was ordered SA 4994. Mr. BURR (for himself and Mr. assume command of a carrier air wing; to lie on the table; as follows: Whereas, on July 1, 2014, a member of the TILLIS) submitted an amendment intended to be proposed to amendment SA 4979 proposed At the appropriate place, insert the fol- United States Naval Academy class of 1982 lowing: became the first woman to be a 4-star naval by Mr. INHOFE to the bill S. 2848, supra; SEC. lll. AMENDMENTS TO THE GREAT LAKES officer and was the first woman and first Af- which was ordered to lie on the table. SA 4995. Mr. BLUNT submitted an amend- FISH AND WILDLIFE RESTORATION rican-American to be appointed to the posi- ACT OF 1990. tion of Vice Chief of Naval Operations; ment intended to be proposed by him to the bill S. 2848, supra; which was ordered to lie (a) REFERENCES.—Except as otherwise ex- Whereas, on June 17, 2011, a member of the pressly provided, wherever in this section an United States Naval Academy class of 1986 on the table. SA 4996. Mrs. FISCHER (for herself, Mrs. amendment is expressed in terms of an became the first woman to be Commander of ERNST, Mr. ROBERTS, Mr. BOOZMAN, Mr. amendment to a section or other provision, the Marine Corps Recruit Depot at Parris Is- RISCH, Mr. SASSE, and Mr. CRAPO) submitted the reference shall be considered to be made land; an amendment intended to be proposed to to a section or other provision of the Great Whereas, in 2013, a member of the United amendment SA 4979 proposed by Mr. INHOFE Lakes Fish and Wildlife Restoration Act of States Naval Academy class of 1991 became to the bill S. 2848, supra; which was ordered 1990 (16 U.S.C. 941 et seq.). the first woman to be Deputy Commandant to lie on the table. (b) FINDINGS.—The Act is amended by of the United States Naval Academy; SA 4997. Mr. MCCAIN (for himself and Mr. striking section 1002 and inserting the fol- Whereas, in 2016, 25 percent of the grad- FLAKE) submitted an amendment intended to lowing: uating class of the United States Naval be proposed to amendment SA 4979 proposed ‘‘SEC. 1002. FINDINGS. Academy were women; and by Mr. INHOFE to the bill S. 2848, supra; ‘‘Congress finds that— Whereas, between 1980 and 2016, more than which was ordered to lie on the table. ‘‘(1) the Great Lakes have fish and wildlife 4,800 women commissioned through the SA 4998. Mr. KIRK (for himself, Ms. KLO- communities that are structurally and func- United States Naval Academy: Now, there- BUCHAR, Mr. PORTMAN, Mr. DURBIN, Mr. tionally changing; fore, be it JOHNSON, Mr. DONNELLY, Mr. BROWN, Ms. ‘‘(2) successful fish and wildlife manage- Resolved, That the Senate— STABENOW, Ms. BALDWIN, and Mr. FRANKEN) ment focuses on the lakes as ecosystems, and (1) designates the week of September 5 submitted an amendment intended to be pro- effective management requires the coordina- through September 9, 2016, as ‘‘Recognizing posed to amendment SA 4979 proposed by Mr. tion and integration of efforts of many part- the 40th Anniversary of Women at the INHOFE to the bill S. 2848, supra; which was ners; United States Naval Academy Week’’; and ordered to lie on the table. ‘‘(3) it is in the national interest to under- (2) honors past and present women who SA 4999. Mr. BOOZMAN submitted an take activities in the Great Lakes Basin that serve in the Armed Forces of the United amendment intended to be proposed to support sustainable fish and wildlife re- States. amendment SA 4979 proposed by Mr. INHOFE sources of common concern provided under f to the bill S. 2848, supra; which was ordered the Great Lakes Restoration Initiative Ac- AMENDMENTS SUBMITTED AND to lie on the table. tion Plan based on the recommendations of the Great Lakes Regional Collaboration au- PROPOSED SA 5000. Mr. MARKEY (for himself and Ms. WARREN) submitted an amendment intended thorized under Executive Order 13340 (69 Fed. SA 4985. Ms. KLOBUCHAR (for herself, Mr. to be proposed to amendment SA 4979 pro- Reg. 29043; relating to the Great Lakes Inter- PORTMAN, Ms. STABENOW, and Mr. KIRK) sub- posed by Mr. INHOFE to the bill S. 2848, supra; agency Task Force); mitted an amendment intended to be pro- which was ordered to lie on the table. ‘‘(4) additional actions and better coordina- posed by her to the bill S. 2848, to provide for SA 5001. Mr. SANDERS submitted an tion are needed to protect and effectively the conservation and development of water amendment intended to be proposed to manage the fish and wildlife resources, and and related resources, to authorize the Sec- amendment SA 4979 proposed by Mr. INHOFE the habitats on which the resources depend, retary of the Army to construct various to the bill S. 2848, supra; which was ordered in the Great Lakes Basin; projects for improvements to rivers and har- to lie on the table. ‘‘(5) as of the date of enactment of this bors of the United States, and for other pur- SA 5002. Mr. HATCH (for himself and Mr. Act, actions are not funded that are consid- poses; which was ordered to lie on the table. LEE) submitted an amendment intended to ered essential to meet the goals and objec- SA 4986. Mr. PAUL submitted an amend- be proposed by him to the bill S. 2848, supra; tives in managing the fish and wildlife re- ment intended to be proposed by him to the which was ordered to lie on the table. sources, and the habitats on which the re- bill S. 2848, supra; which was ordered to lie SA 5003. Ms. MURKOWSKI (for herself and sources depend, in the Great Lakes Basin; on the table. Mr. SULLIVAN) submitted an amendment in- and

VerDate Sep 11 2014 04:32 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.026 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5475

‘‘(6) this Act allows Federal agencies, ‘‘(ii) APPRAISAL.—With respect to the ap- (B) in subparagraph (A), by striking States, and Indian tribes to work in an effec- praisal of land or a conservation easement ‘‘$4,600,000’’ and inserting ‘‘$2,000,000’’; and tive partnership by providing the funding for described in clause (i)— (C) in subparagraph (B), by striking restoration work.’’. ‘‘(I) the appraisal valuation date shall be ‘‘$700,000’’ and inserting ‘‘$300,000’’; and (c) IDENTIFICATION, REVIEW, AND IMPLEMEN- not later than 1 year after the price of the (3) in paragraph (2), by striking ‘‘the ac- TATION OF PROPOSALS AND REGIONAL land or conservation easement was set under tivities of’’ and all that follows through PROJECTS.— a contract; and ‘‘section 1007’’ and inserting ‘‘the activities (1) REQUIREMENTS FOR PROPOSALS AND RE- ‘‘(II) the appraisal shall— of the Upper Great Lakes Fish and Wildlife GIONAL PROJECTS.—Section 1005(b)(2)(B) (16 ‘‘(aa) conform to the Uniform Standards of Conservation Offices and the Lower Great U.S.C. 941c(b)(2)(B)) is amended— Professional Appraisal Practice (USPAP); Lakes Fish and Wildlife Conservation Office (A) in clause (v), by striking ‘‘and’’ at the and under section 1007’’. end; ‘‘(bb) be completed by a Federal- or State- (g) CONFORMING AMENDMENT.—Section 8 of (B) in clause (vi), by striking the period at certified appraiser. the Great Lakes Fish and Wildlife Restora- the end and inserting a semicolon; and ‘‘(C) COSTS OF LAND ACQUISITION OR SECUR- tion Act of 2006 (16 U.S.C. 941 note; Public (C) by adding at the end the following: ING CONSERVATION EASEMENT.— Law 109–326) is repealed. ‘‘(vii) the strategic action plan of the ‘‘(i) IN GENERAL.—All costs associated with Great Lakes Restoration Initiative; and land acquisition or securing a conservation SA 4986. Mr. PAUL submitted an ‘‘(viii) each applicable State wildlife action easement and restoration or enhancement of amendment intended to be proposed by plan.’’. that land or conservation easement may be him to the bill S. 2848, to provide for (2) REVIEW OF PROPOSALS.—Section used to satisfy the non-Federal share of the the conservation and development of 1005(c)(2)(C) (16 U.S.C. 941c(c)(2)(C)) is amend- cost of implementing a proposal or regional water and related resources, to author- ed by striking ‘‘Great Lakes Coordinator of project required under paragraph (1)(A) if the ize the Secretary of the Army to con- the’’. activities and expenses associated with the (3) COST SHARING.—Section 1005(e) (16 struct various projects for improve- land acquisition or securing the conservation ments to rivers and harbors of the U.S.C. 941c(e)) is amended— easement and restoration or enhancement of (A) in paragraph (1)— that land or conservation easement meet the United States, and for other purposes; (i) by striking ‘‘Except as provided in para- requirements of subparagraph (B)(i). which was ordered to lie on the table; graphs (2) and (4), not less than 25 percent of ‘‘(ii) INCLUSION.—The costs referred to in as follows: the cost of implementing a proposal’’ and in- clause (i) may include cash, in-kind con- At the appropriate place, insert the fol- serting the following: tributions, and indirect costs. lowing: ‘‘(A) NON-FEDERAL SHARE.—Except as pro- ‘‘(iii) EXCLUSION.—The costs referred to in SEC. ll. (a) Congress finds that neither vided in paragraphs (3) and (5) and subject to clause (i) may not be costs associated with the 2001 Authorization for Use of Military paragraph (2), not less than 25 percent of the mitigation or litigation (other than costs as- Force (Public Law 107–40; 50 U.S.C. 1541 note) cost of implementing a proposal or regional sociated with the Natural Resource Damage or the Authorization for Use of Military project’’; and Assessment program).’’. Force Against Iraq Resolution of 2002 (Public (ii) by adding at the end the following: (d) ESTABLISHMENT OF OFFICES.—Section Law 107–243; 50 U.S.C. 1541 note) authorize ‘‘(B) TIME PERIOD FOR PROVIDING MATCH.— 1007 (16 U.S.C. 941e) is amended— the use of military force against the Islamic The non-Federal share of the cost of imple- State in Iraq and al-Sham (ISIS). menting a proposal or regional project re- (1) in subsection (b)— (A) in the subsection heading, by striking (b) It is the sense of Congress that the quired under subparagraph (A) may be pro- President, unless acting out of self-defense ‘‘FISHERY RESOURCES’’ and inserting ‘‘FISH vided at any time during the 2-year period or to address an imminent threat to the preceding January 1 of the year in which the AND WILDLIFE CONSERVATION’’; and (B) by striking ‘‘Fishery Resources’’ each United States, is not authorized to conduct Director receives the application for the pro- military operations against ISIS without ex- posal or regional project.’’; place it appears and inserting ‘‘Fish and Wildlife Conservation’’; plicit authorization for the use of such force, (B) by redesignating paragraphs (2) and Congress should debate and pass such an (2) in subsection (c)— through (4) as paragraphs (3) through (5), re- authorization. spectively; and (A) in the subsection heading, by striking (C) by inserting before paragraph (3) (as so ‘‘FISHERY RESOURCES’’ and inserting ‘‘FISH SA 4987. Mr. JOHNSON (for himself AND WILDLIFE CONSERVATION’’; and redesignated) the following: and Ms. BALDWIN) submitted an amend- ‘‘(2) AUTHORIZED SOURCES OF NON-FEDERAL (B) by striking ‘‘Fishery Resources’’ each place it appears and inserting ‘‘Fish and ment intended to be proposed to SHARE.— amendment SA 4979 proposed by Mr. ‘‘(A) IN GENERAL.—The Director may deter- Wildlife Conservation’’; mine the non-Federal share under paragraph (3) by striking subsection (a); and INHOFE to the bill S. 2848, to provide for (1) by taking into account— (4) by redesignating subsections (b) and (c) the conservation and development of ‘‘(i) the appraised value of land or a con- as subsections (a) and (b), respectively. water and related resources, to author- servation easement as described in subpara- (e) REPORTS.—Section 1008 (16 U.S.C. 941f) ize the Secretary of the Army to con- graph (B); or is amended— struct various projects for improve- ‘‘(ii) as described in subparagraph (C), the (1) in subsection (a), in the matter pre- ments to rivers and harbors of the costs associated with— ceding paragraph (1), by striking ‘‘2011’’ and United States, and for other purposes; inserting ‘‘2021’’; ‘‘(I) land acquisition or securing a con- which was ordered to lie on the table; servation easement; and (2) in subsection (b)— ‘‘(II) restoration or enhancement of that (A) in the matter preceding paragraph (1), as follows: land or conservation easement. by striking ‘‘2007 through 2012’’ and inserting At the end of title VI, add the following: ‘‘(B) APPRAISAL OF LAND OR CONSERVATION ‘‘2016 through 2020’’; and SEC. 60ll. STUDY ON OWNERSHIP OF NEENAH EASEMENT.— (B) in paragraph (5), by inserting ‘‘the DAM, WISCONSIN. ‘‘(i) IN GENERAL.—The value of land or a Great Lakes Restoration Initiative Action The Secretary shall conduct a study to de- conservation easement may be used to sat- Plan based on’’ after ‘‘in support of’’; and termine if it is in the interest of the Federal isfy the non-Federal share of the cost of im- (3) by striking subsection (c) and inserting Government and the Secretary to assume plementing a proposal or regional project re- the following: ownership of the Neenah Dam, Fox River, quired under paragraph (1)(A) if the Director ‘‘(c) CONTINUED MONITORING AND ASSESS- Wisconsin. determines that the land or conservation MENT OF STUDY FINDINGS AND RECOMMENDA- Mr. HOEVEN submitted an easement— TIONS.—The Director— SA 4988. ‘‘(I) meets the requirements of subsection ‘‘(1) shall continue to monitor the status, amendment intended to be proposed to (b)(2); and the assessment, management, and res- amendment SA 4979 proposed by Mr. ‘‘(II) is acquired before the end of the grant toration needs, of the fish and wildlife re- INHOFE to the bill S. 2848, to provide for period of the proposal or regional project; sources of the Great Lakes Basin; and the conservation and development of ‘‘(III) is held in perpetuity for the con- ‘‘(2) may reassess and update, as necessary, water and related resources, to author- servation purposes of the programs of the the findings and recommendations of the Re- ize the Secretary of the Army to con- United States Fish and Wildlife Service re- port.’’. struct various projects for improve- lated to the Great Lakes Basin, as described (f) AUTHORIZATION OF APPROPRIATIONS.— in section 1006, by an accredited land trust or Section 1009 (16 U.S.C. 941g) is amended— ments to rivers and harbors of the conservancy or a Federal, State, or tribal (1) in the matter preceding paragraph (1), United States, and for other purposes; agency; by striking ‘‘2007 through 2012’’ and inserting which was ordered to lie on the table; ‘‘(IV) is connected either physically or ‘‘2016 through 2021’’; as follows: through a conservation planning process to (2) in paragraph (1)— At the end of title VIII, add the following: the proposal or regional project; and (A) in the matter preceding subparagraph SEC. 80lll. PATTERSON LAKE LAND CONVEY- ‘‘(V) is appraised in accordance with clause (A), by striking ‘‘$14,000,000’’ and inserting ANCES. (ii). ‘‘$6,000,000’’; (a) DEFINITIONS.—In this section:

VerDate Sep 11 2014 04:32 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.028 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5476 CONGRESSIONAL RECORD — SENATE September 8, 2016

(1) DEPARTMENT.—The term ‘‘Department’’ (1) IN GENERAL.—Effective on the date of (9) TRAILER HOME.—The term ‘‘trailer means Dickinson Parks & Recreation in conveyance or transfer of any property or home’’ means a dwelling placed on a sup- Dickinson, North Dakota (or a successor in land under this section, the United States porting frame that— interest to that entity). shall not be liable for damages of any kind (A) has or had a tow-hitch; and (2) DICKINSON RESERVOIR.—The term arising out of any act, omission, or occur- (B) is made mobile, or is capable of being ‘‘ ‘Dickinson Reservoir’ ’’ means the Dickin- rence relating to the property or land, except made mobile, by an axle and wheels. son Reservoir constructed as part of the for damages for acts of negligence com- (b) PERMITTED USE.— Dickinson Unit, Heart Division, Pick-Sloan mitted by the United States or an employee, (1) IN GENERAL.—Subject to the require- Missouri Basin Program, as authorized by agent, or contractor of the United States be- ments of this section, on request by a per- section 9 of the Act of December 22, 1944 fore the date of conveyance. mittee, the Secretary shall issue a 5-year (commonly known as the ‘‘Flood Control Act (2) NO ADDITIONAL LIABILITY.—Nothing in permit for the use of a lot in a trailer area of 1944’’) (58 Stat. 891, chapter 665). this section affects any liability of the as described in paragraphs (2) and (3). (3) PERMITTEE.—The term ‘‘permittee’’ United States under chapter 171 of title 28, (2) TRAILER HOMES.—With respect to a means the holder of a permit for a property. United States Code (commonly known as the trailer home, a permit for each permit year (4) PROPERTY.—The term ‘‘property’’ ‘‘Federal Tort Claims Act’’). shall authorize the permittee— means any 1 of the cabin sites located on (e) REQUIREMENTS RELATING TO CONVEY- (A) from April 1 to October 31— Federal property around the Dickinson Res- ANCES AND TRANSFERS.— (i) to park the trailer home on the lot; ervoir for which a permit is in effect on the (1) INTERIM REQUIREMENTS.—During the pe- (ii) to use the trailer home on the lot; and date of enactment of this Act. riod beginning on the date of enactment of (iii) to physically move the trailer home (5) SECRETARY.—The term ‘‘Secretary’’ this Act and ending on the date of convey- on and off the lot; and means the Secretary of the Interior, acting ance or transfer of a property or land, the (B) at any time during the permit year— through the Commissioner of Reclamation. provisions of the document entitled ‘‘Man- (i) to leave the trailer home parked on the (b) PURCHASE OF PROPERTY BY PERMITTEE; agement Agreement between the Bureau of lot; and TRANSFERS TO DEPARTMENT.— Reclamation, et al., for the Development, (ii) to leave on the lot any addition, deck, (1) OPTION.—The Secretary shall provide to porch, entryway, step to the trailer home, Management, Operation, and Maintenance of the permittee of a property the first option propane tank, or storage shed. Lands and Recreation Facilities at Dickin- to purchase that property for fair market (3) CAMPERS OR RECREATIONAL VEHICLES.— son Reservoir’’ that are applicable to the value in accordance with paragraph (2). With respect to a camper or recreational ve- property or land shall remain in force and ef- (2) PURCHASE.— hicle, a permit shall, for each permit year— fect. (A) IN GENERAL.—On an election by a per- (A) from April 1 to October 31, authorize (2) LEGAL DESCRIPTIONS.—Not later than mittee to exercise the option to purchase a the permittee— 180 days after the date of enactment of this property pursuant to paragraph (1), the Sec- (i) to park the camper or recreational vehi- Act, the Secretary, in consultation with the retary shall convey to the permittee, for fair cle on the lot; Department, shall provide to the Depart- market value— (ii) to use the camper or recreational vehi- ment a legal description of all properties and (i) all right, title, and interest of the cle on the lot; and land that may be conveyed or transferred United States in and to the property, subject (iii) to move the camper or recreational ve- pursuant to this section. to valid existing rights; and hicle on and off the lot; and (ii) easements for— (f) PROCEEDS FROM SALES OF FEDERAL (B) from November 1 to March 31, require a (I) vehicular access to the property; LAND.—Any revenues from a sale of Federal permittee to remove the camper or rec- (II) access to, and use of, a dock for the land pursuant to this section shall be made reational vehicle from the lot. property; and available to the Secretary, without further (c) RENEWAL OF PERMITS.— (III) access to, and use of, all boathouses, appropriation, for— (1) IN GENERAL.—Subject to paragraph (2), ramps, retaining walls, and other improve- (1) the costs to the Secretary of carrying when a permit expires, on request by the per- ments for which access is provided in the out this section; and mittee, the Secretary shall renew the permit permit for use of the property as of the date (2) deferred maintenance activities relat- for an unlimited number of additional 5-year of enactment of this Act. ing to the operation of the dam in the Dick- terms. inson Reservoir. (B) PERIOD FOR CONVEYANCE.—The Sec- (2) REQUIREMENT FOR TRAILER HOMES.—The retary shall convey to a permittee a prop- SEC. 80lll. USE OF TRAILER HOMES AT HEART Secretary shall require removal of a trailer erty pursuant to subparagraph (A) during the BUTTE DAM AND RESERVOIR (LAKE home in a trailer area if the trailer home has period— TSCHIDA). been flooded a majority of the years during (i) beginning on the date that is 1 year (a) DEFINITIONS.—In this section: any 5-year permit period. after the date of enactment of this Act; and (1) ADDITION.—The term ‘‘addition’’ means (3) REMOVAL AND NEW USE.—If the Sec- (ii) ending on the date that is 2 years after any enclosed structure added onto the struc- retary requires removal of a trailer home that date of enactment. ture of a trailer home that increases the liv- under paragraph (2), on request by the per- (C) DISPUTES REGARDING FAIR MARKET ing area of the trailer home. mittee, the Secretary shall authorize the VALUE.—Any dispute regarding the fair mar- (2) CAMPER OR RECREATIONAL VEHICLE.—The permittee— ket value of a property shall be resolved in term ‘‘camper or recreational vehicle’’ in- (A) to remain on the lot; and accordance with section 2201.4 of title 43, cludes— (B) to replace the trailer home with a Code of Federal Regulations (or successor (A) a camper, motorhome, trailer camper, camper or recreational vehicle. regulations). bumper hitch camper, fifth wheel camper, or (d) TRANSFER OF PERMITS.— (3) TRANSFERS TO DEPARTMENT.— equivalent mobile shelter; and (1) TRANSFER OF TRAILER HOME TITLE.—If a (A) FAILURE TO PURCHASE.—If a permittee (B) a recreational vehicle. permittee transfers title to a trailer home fails to exercise the option to purchase a (3) IMMEDIATE FAMILY.—The term ‘‘imme- permitted on a lot in a trailer area, the Sec- property under paragraph (2) by the date diate family’’ means a spouse, grandparent, retary shall issue a permit to the transferee, that is 2 years after the date of enactment of parent, sibling, child, or grandchild. subject to the conditions described in para- this Act, the Secretary shall transfer the (4) PERMIT.—The term ‘‘permit’’ means a graph (3). property to the Department, without cost. permit issued by the Secretary authorizing (2) TRANSFER OF CAMPER OR RECREATIONAL (B) CERTAIN OTHER LAND.—Effective begin- the use of a lot in a trailer area. VEHICLE TITLE.—If a permittee who has a per- ning on the date that is 2 years after the (5) PERMIT YEAR.—The term ‘‘permit year’’ mit to use a camper or recreational vehicle date of enactment of this Act, the Secretary means the period beginning on April 1 of a on a lot in a trailer area transfers title to shall transfer to the Department, without calendar year and ending on March 31 of the the interests of the permittee on or to the cost, any Federal land, as of that date— following calendar year. lot, the Secretary shall issue a permit to the on which no cabin is located. (6) PERMITTEE.—The term ‘‘permittee’’ transferee, subject to the conditions de- (c) OIL, GAS, MINERAL, AND OTHER OUT- means a person holding a permit. scribed in paragraph (3). STANDING RIGHTS.—Each conveyance to a (7) SECRETARY.—The term ‘‘Secretary’’ (3) CONDITIONS.—A permit issued by the permittee, and each transfer to the Depart- means the Secretary of the Interior, acting Secretary under paragraph (1) or (2) shall be ment, pursuant to subsection (b), shall be through the Commissioner of Reclamation. subject to the following conditions: made subject to— (8) TRAILER AREA.—The term ‘‘trailer area’’ (A) A permit may not be held in the name (1) oil, gas, and other mineral rights re- means any of the following areas at Heart of a corporation. served of record, as of the date of enactment Butte Dam and Reservoir (Lake Tschida) (as (B) A permittee may not have an interest of this Act, by, or in favor of, a third party; described in the document of the Bureau of in, or control of, more than 1 seasonal trailer and Reclamation entitled ‘‘Heart Butte Res- home site in the Great Plains Region of the (2) any permit, license, lease, right-of-use, ervoir Resource Management Plan’’ (March Bureau of Reclamation, inclusive of sites lo- or right-of-way of record in, on, over, or 2008)): cated on tracts permitted to organized across the applicable property or land that is (A) Trailer Area 1 and 2, also known as groups on Reclamation reservoirs. outstanding to a third party as of the date of Management Unit 034. (C) Not more than 2 persons may be per- enactment of this Act. (B) Southside Trailer Area, also known as mittees under 1 permit, unless— (d) RELEASE FROM LIABILITY.— Management Unit 014. (i) approved by the Secretary; or

VerDate Sep 11 2014 04:32 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.029 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5477

(ii) the additional persons are immediate (II) the installation complied with and con- ‘‘(3) APPROPRIATE APPLICATION OF NON-FED- family members of the permittees. tinues to comply with foundation installa- ERAL RESPONSIBILITIES.— (e) ANCHORING REQUIREMENTS FOR TRAILER tion requirements of the Department of ‘‘(A) DEFINITION OF PERIOD OF ANALYSIS.—In HOMES.— Housing and Urban Development (as in effect this paragraph, the term ‘period of analysis’, (1) IN GENERAL.—The Secretary shall re- at the time of the installation); or with respect to a project under this section, quire compliance with— (ii) the anchoring system of the trailer means the period— (A) for each trailer home in a trailer area home is certified to be of equal or better ‘‘(i) beginning on the date of implementa- (other than a trailer home described in para- strength than the system described in sub- tion of the project; and graph (2)(B)), the anchoring requirements de- paragraph (A), as determined by a person ‘‘(ii) ending on the date on which the scribed in paragraph (2)(A); and qualified to make such a certification. project no longer produces the beneficial (B) for other objects on a lot in a trailer (3) ADDITIONAL ANCHORING REQUIREMENTS.— outputs for which the project was designed. area, the anchoring requirements described (A) ADDITIONS TO TRAILER HOMES.— ‘‘(B) REQUIREMENT.—For any project under in paragraph (3). (i) IN GENERAL.—Each addition to a trailer this section, the Secretary shall ensure that (2) ANCHORING REQUIREMENTS DESCRIBED.— home subject to the anchoring requirements the non-Federal requirements described in (A) IN GENERAL.—For trailer homes other described in paragraph (2)(A) shall be an- subsections (a)(1)(B), (b)(1), and (i) of section than the trailer homes described in subpara- chored in accordance with the applicable re- 103 of the Water Resources Development Act graph (B), the anchoring requirements re- quirements described in that paragraph. of 1986 (33 U.S.C. 2213) shall apply to the ferred to in paragraph (1)(A) are the fol- (ii) ALTERNATIVE REQUIREMENTS.—Each ad- project only during the period of analysis of lowing: dition to a trailer home subject to the an- the project.’’. (i) For a trailer home that is fewer than 50 choring requirements described in paragraph feet in length, a minimum of 6 frame ties per (2)(B)(ii) shall be anchored in accordance SA 4990. Mr. MARKEY (for himself, side shall be provided, to be located as fol- with the requirements described in that Ms. WARREN, Ms. STABENOW, and Mr. lows: paragraph. PETERS) submitted an amendment in- (I) One frame tie at each corner. (B) OTHER OBJECTS.—Each deck, porch, (II) The remaining frame ties at inter- entryway, step, propane tank, and storage tended to be proposed to amendment mediate locations. shed on a lot in a trailer area shall be an- SA 4979 proposed by Mr. INHOFE to the (ii) For a trailer home that is 50 feet or chored in a secure and practical manner. bill S. 2848, to provide for the conserva- more in length, a minimum of 7 frame ties (f) REPLACEMENT REMOVAL AND RETURN.— tion and development of water and re- per side shall be provided, to be located as (1) REPLACEMENT.—Permittees may replace lated resources, to authorize the Sec- follows: their trailer home with another trailer retary of the Army to construct var- (I) One frame tie at each corner. home. ious projects for improvements to riv- (II) The remaining frame ties at inter- (2) REMOVAL AND RETURN.—Permittees mediate locations. may— ers and harbors of the United States, (iii) If the quantity of frame ties and over- (A) remove their trailer home; and and for other purposes; which was or- the-top ties provided on a trailer home by (B) if the permittee removes their trailer dered to lie on the table; as follows: the trailer home manufacturer is in excess of home under subparagraph (A), return the At the end of title II, add the following: the minimum quantity required under clause trailer home to the lot of the permittee. SEC. 20ll. EDUCATION AND RESEARCH HAR- (i) or (ii), as applicable, the total quantity (g) LIABILITY.—The United States shall not BORS. provided by the trailer home manufacturer be liable for damages arising out of any act, (a) DEFINITION OF ELIGIBLE HARBOR.—The shall be used. omission, or occurrence relating to a lot to term ‘‘eligible harbor’’ means a harbor that (iv) If an over-the-top tie is located di- which a permit applies, other than for dam- supports or will support a federally owned rectly above a frame tie, both the over-the- ages caused by an act or omission of the vessel operated by— top tie and the frame tie may be fastened to United States or an employee, agent, or con- (1) a State maritime academy (as defined the same anchor. tractor of the United States before the date in section 51102 of title 46, United States (v)(I) Each frame tie shall connect the an- of enactment of this Act. Code); or chor to the main structural frame that runs (2) a non-Federal oceanographic research lengthwise under the trailer home. SA 4989. Mr. MARKEY (for himself facility. (II) Any tie made to an outrigger beam and Ms. WARREN) submitted an amend- (b) ESTABLISHMENT OF PROGRAM.—The Sec- shall not be credited to the minimum quan- ment intended to be proposed to retary may establish a program to provide tity of frame ties required in clause (i) or amendment SA 4979 proposed by Mr. assistance to a non-Federal interest for a (ii), as applicable. INHOFE to the bill S. 2848, to provide for project relating to an eligible harbor. (vi) With respect to each flat steel strap the conservation and development of (c) FORM OF ASSISTANCE.—A non-Federal used as a tie— water and related resources, to author- interest may receive assistance for a project (I) the steel strap shall— ize the Secretary of the Army to con- for— (aa) be 1.25 inches by .035 inch, with a min- struct various projects for improve- (1) the construction and maintenance imum breaking strength of 4,800 pounds; and dredging of an eligible harbor; (bb) be— ments to rivers and harbors of the (2) the construction, installation, or main- (AA) fastened to a ground anchor, and fas- United States, and for other purposes; tenance of infrastructure in an eligible har- tened in such a manner that will not cause which was ordered to lie on the table; bor, including bulkheads, aprons, and piles; distortion on the strap or reduce the break- as follows: (3) the construction and maintenance ing strength of the strap; and At the end of title II, add the following: dredging of a berth in an eligible harbor; or (BB) drawn tight with 1 or more galvanized SEC. 20lll. REGIONAL SEDIMENT MANAGE- (4) the construction and maintenance fasteners or connectors and a tensioning de- MENT. dredging providing access from an eligible vice; Section 204 of the Water Resources Devel- harbor to the nearest navigation channel or (II) any sharp edge of the trailer home that opment Act of 1992 (33 U.S.C. 2326) is amend- deep water. would tend to cut the steel strap shall be ed— (d) LOCAL COOPERATION AGREEMENT.— protected by a suitable device to prevent (1) in subsection (a)(1)— (1) IN GENERAL.—Before providing assist- cutting; and (A) by striking ‘‘For sediment’’ and insert- ance under this section, the Secretary shall (III) if necessary, the steel strap shall be ing the following: enter into a local cooperation agreement (re- prevented from knifing through the trailer ‘‘(A) IN GENERAL.—For sediment’’; ferred to in this subsection as an ‘‘agree- home. (B) in subparagraph (A) (as designated by ment’’) with a non-Federal interest to pro- (vii) Each ground anchor shall be of the subparagraph (A))— vide for design and construction of the auger-type, at least 48 inches long, and (i) by striking ‘‘an authorized’’ and insert- project to be carried out with the assistance. equipped with at least 1 helix having a min- ing ‘‘any type of authorized’’; and (2) REQUIREMENTS.—An agreement entered imum diameter of at least 6 inches. (ii) by striking ‘‘at locations’’ and insert- into under this subsection shall provide for (viii) Each ground anchor shall have— ing ‘‘at nearshore or onshore locations’’; and the following: (I) at least a 3⁄4-inch steel shaft; (C) by adding at the end the following: (A) PLAN.—Development by the Secretary, (II) a fastener or connector and a ten- ‘‘(B) SEDIMENT FROM OTHER FEDERAL in consultation with appropriate Federal and sioning device; and SOURCES AND NON-FEDERAL SOURCES.—For State officials, of a facilities or resource pro- (III) a minimum breaking strength of 4,800 purposes of projects carried out under this tection and development plan, including ap- pounds. section, the Secretary may include sediment propriate engineering plans and specifica- (B) ALTERNATIVE ANCHORING REQUIREMENTS from other Federal sources and non-Federal tions. FOR TRAILER HOMES.—A trailer home shall sources, subject to the requirement that any (B) LEGAL AND INSTITUTIONAL STRUC- not be required to comply with the anchor- sediment obtained from a non-Federal source TURES.—Establishment of such legal and in- ing requirements described in subparagraph shall not be obtained at Federal expense.’’; stitutional structures as are necessary to en- (A) if— and sure the effective long-term operation of the (i)(I) the trailer home was or is installed (2) in subsection (c), by adding at the end project by the non-Federal interest. after 2005; and the following: (3) COST SHARING.—

VerDate Sep 11 2014 04:32 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.029 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5478 CONGRESSIONAL RECORD — SENATE September 8, 2016 (A) IN GENERAL.—Except as otherwise pro- ers and harbors of the United States, ‘‘(1) the floating cabin is maintained by the vided in this paragraph, the Federal share of and for other purposes; which was or- owner to reasonable health, safety, and envi- project costs for a project under this sec- dered to lie on the table; as follows: ronmental standards, as required by the tion— Board; and At the end of title II, add the following: (i) shall not exceed 50 percent; and ‘‘(2) the Corporation has authorized the use (ii) may be in the form of grants or reim- SEC. 20ll. EMERGING HARBOR PROJECTS. of recreational vessels on the waters. Section 210(c)(3) of the Water Resources bursements of project costs. ‘‘(c) FEES.—The Board may assess fees on Development Act of 1986 (33 U.S.C. 2238(c)(3)) (B) CREDIT FOR DESIGN WORK.—The non- the owner of a floating cabin on waters Federal interest shall receive credit for the (as amended by section 2009) is amended by under the jurisdiction of the Corporation for reasonable costs of design work completed striking ‘‘2012’’ and inserting ‘‘2015’’. the purpose of ensuring compliance with sub- by the non-Federal interest before entering section (b) if the fees are necessary and rea- SA 4993. Mr. MCCAIN (for himself, into an agreement with the Secretary for a sonable for those purposes. OTTON ARRASSO ASSE project. Mr. C , Mr. B , Mr. S , ‘‘(d) CONTINUED RECREATIONAL USE.—With (C) CREDIT FOR INTEREST.—In the case of a Mr. FLAKE, and Mr. JOHNSON) sub- respect to a floating cabin located on waters delay in the funding of the Federal share of mitted an amendment intended to be under the jurisdiction of the Corporation on the costs of a project under this section, the proposed by him to the bill S. 2848, to the date of enactment of this section, the non-Federal interest shall receive credit for provide for the conservation and devel- Board— reasonable interest incurred in providing the opment of water and related resources, ‘‘(1) may not require the removal of the Federal share of the project costs. to authorize the Secretary of the Army floating cabin— (D) LAND, EASEMENTS, RIGHTS-OF-WAY, AND to construct various projects for im- ‘‘(A) in the case of a floating cabin that RELOCATIONS.—The non-Federal interest was granted a permit by the Corporation be- shall receive credit for land, easements, provements to rivers and harbors of the fore the date of enactment of this section, rights-of-way, and relocations provided by United States, and for other purposes; for a period of 15 years beginning on that the non-Federal interest toward the non- which was ordered to lie on the table; date of enactment; and Federal share of project costs (including all as follows: ‘‘(B) in the case of a floating cabin not reasonable costs associated with obtaining At the appropriate place, insert the fol- granted a permit by the Corporation before permits necessary for the construction, oper- lowing: the date of enactment of this section, for a ation, and maintenance of the project on SEC. ll. MODIFICATIONS TO EXEMPTION FROM period of 5 years beginning on that date of publicly owned or controlled land), but not REQUIREMENT TO MAINTAIN enactment; and to exceed 25 percent of the total project cost. HEALTH COVERAGE. ‘‘(2) shall approve and allow the use of the (E) OPERATION AND MAINTENANCE.—The (a) EXEMPTION FOR INDIVIDUALS IN AREAS floating cabin on waters under the jurisdic- non-Federal share of operation and mainte- WITH FEWER THAN 2 ISSUERS OFFERING PLANS tion of the Corporation at such time and for nance costs for a project under this section ON AN EXCHANGE.—Section 5000A(e) of the In- such duration as— shall be 100 percent. ternal Revenue Code of 1986 is amended by ‘‘(A) the floating cabin meets the require- (e) APPLICABILITY OF OTHER FEDERAL AND adding at the end the following new para- ments of subsection (b); and STATE LAWS.—Nothing in this section graph: ‘‘(B) the owner of the floating cabin has waives, limits, or otherwise affects the appli- ‘‘(6) INDIVIDUALS IN AREAS WITH FEWER THAN paid any fee assessed pursuant to subsection cability of any provision of Federal or State 2 ISSUERS OFFERING PLANS ON AN EXCHANGE.— (c).’’. law (including regulations) that would other- ‘‘(A) IN GENERAL.—Any applicable indi- wise apply to a project under this section. vidual for any period during a calendar year SA 4995. Mr. BLUNT submitted an (f) AUTHORIZATION OF APPROPRIATIONS.— if there are fewer than 2 health insurance amendment intended to be proposed by There is authorized to be appropriated to issuers offering qualified health plans on an him to the bill S. 2848, to provide for carry out this section for each fiscal year an Exchange for such period in the county in amount not greater than $5,000,000, to remain the conservation and development of which the applicable individual resides. water and related resources, to author- available until expended. ‘‘(B) AGGREGATION RULES.—For purposes of subparagraph (A), all health insurance ize the Secretary of the Army to con- SA 4991. Mr. MERKLEY (for himself issuers treated as a single employer under struct various projects for improve- and Mr. WYDEN) submitted an amend- subsection (a) or (b) of section 52, or sub- ments to rivers and harbors of the ment intended to be proposed to section (m) or (o) of section 414, shall be United States, and for other purposes; amendment SA 4979 proposed by Mr. treated as a single health insurance issuer.’’. which was ordered to lie on the table; INHOFE to the bill S. 2848, to provide for (b) EFFECTIVE DATE.—The amendments as follows: the conservation and development of made by this section shall apply to months beginning after the date of the enactment of At the end of title VI, add the following: water and related resources, to author- this Act. SEC. 60ll. TABLE ROCK LAKE, MISSOURI. ize the Secretary of the Army to con- (a) IN GENERAL.—Notwithstanding any struct various projects for improve- SA 4994. Mr. BURR (for himself and other provision of law, the Secretary— ments to rivers and harbors of the Mr. TILLIS) submitted an amendment (1) shall extend the public comment period United States, and for other purposes; intended to be proposed to amendment for the Table Rock Lake Master Plan revi- sion; and as follows: SA 4979 proposed by Mr. INHOFE to the (2) shall not finalize the revision for the At the end of subtitle B of title VII, add bill S. 2848, to provide for the conserva- Table Rock Lake Master Plan during the 5- the following: tion and development of water and re- year period beginning on the date of enact- SEC. 7206. LOAN FORGIVENESS FOR LOCAL IRRI- lated resources, to authorize the Sec- ment of this Act. GATION DISTRICTS. retary of the Army to construct var- (b) SHORELINE USE PERMITS.—During the Subsection (j)(1) of section 603 of the Fed- ious projects for improvements to riv- period described in subsection (a)(2), the Sec- eral Water Pollution Control Act (33 U.S.C. retary shall lift or suspend the moratorium 1383) (as redesignated by section ers and harbors of the United States, on issuance of shoreline use permits for 7202(b)(1)(A)(ii)) is amended— and for other purposes; which was or- Table Rock Lake. (1) in the matter preceding subparagraph dered to lie on the table; as follows: (c) STUDY.— (A), by striking ‘‘to a municipality or an At the end of title VIII, add the following: (1) IN GENERAL.—The Secretary shall— intermunicipal, interstate, or State agency’’ SEC. 80ll. RECREATIONAL ACCESS OF FLOAT- (A) carry out a study on the need to revise and inserting ‘‘to an eligible recipient’’; and ING CABINS. permit fees relating to Table Rock Lake to (2) in subparagraph (A), in the matter pre- The Tennessee Valley Authority Act of better reflect the cost of issuing those fees ceding clause (i), by inserting ‘‘in assistance 1933 is amended by inserting after section 9a and achieve cost savings; and to a municipality or intermunicipal, inter- (16 U.S.C. 831h–1) the following: (B) submit to Congress a report on the re- state, or State agency’’ before ‘‘to benefit’’. ‘‘SEC. 9b. RECREATIONAL ACCESS. sults of the study described in subparagraph ‘‘(a) DEFINITION OF FLOATING CABIN.—In (A). SA 4992. Mr. WYDEN (for himself, this section, the term ‘floating cabin’ means (2) REQUIREMENT.—The Secretary shall Mr. SULLIVAN, Mr. MERKLEY, and Ms. a watercraft or other floating structure— complete the study under paragraph (1)(A) HIRONO) submitted an amendment in- ‘‘(1) primarily designed and used for human before adopting any revision to the Table tended to be proposed to amendment habitation or occupation; and Rock Lake Shoreline Management Plan. SA 4979 proposed by Mr. INHOFE to the ‘‘(2) not primarily designed or used for bill S. 2848, to provide for the conserva- navigation or transportation on water. SA 4996. Mrs. FISCHER (for herself, ‘‘(b) RECREATIONAL ACCESS PERMITTED.— tion and development of water and re- The Board may approve and allow the con- Mrs. ERNST, Mr. ROBERTS, Mr. BOOZ- lated resources, to authorize the Sec- struction and use of a floating cabins on MAN, Mr. RISCH, Mr. SASSE, and Mr. retary of the Army to construct var- waters under the jurisdiction of the Corpora- CRAPO) submitted an amendment in- ious projects for improvements to riv- tion if— tended to be proposed to amendment

VerDate Sep 11 2014 04:32 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.030 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5479 SA 4979 proposed by Mr. INHOFE to the intended to be proposed to amendment inserting ‘‘and for any rural water project bill S. 2848, to provide for the conserva- SA 4979 proposed by Mr. INHOFE to the serving fewer than 3,300 individuals that is tion and development of water and re- bill S. 2848, to provide for the conserva- federally financed (including a project that receives Federal funds under the Consoli- lated resources, to authorize the Sec- tion and development of water and re- dated Farm and Rural Development Act (7 retary of the Army to construct var- lated resources, to authorize the Sec- U.S.C. 1921 et seq.) or from a State drinking ious projects for improvements to riv- retary of the Army to construct var- water treatment revolving loan fund estab- ers and harbors of the United States, ious projects for improvements to riv- lished under section 1452 of the Safe Drink- and for other purposes; which was or- ers and harbors of the United States, ing Water Act (42 U.S.C. 300j–12))’’ after dered to lie on the table; as follows: and for other purposes; which was or- ‘‘such facilities’’. dered to lie on the table; as follows: At the end of title VIII, add the following: SA 5000. Mr. MARKEY (for himself SEC. 8lll. SPILL PREVENTION, CONTROL, AND At the end of title VIII, add the following: and Ms. WARREN) submitted an amend- COUNTERMEASURE RULE. SEC. 8lll. INTERNATIONAL OUTFALL INTER- ment intended to be proposed to (a) DEFINITIONS.—In this section: CEPTOR REPAIR, OPERATIONS, AND (1) ADMINISTRATOR.—The term ‘‘Adminis- MAINTENANCE. amendment SA 4979 proposed by Mr. trator’’ means the Administrator of the En- Notwithstanding any other provision of INHOFE to the bill S. 2848, to provide for vironmental Protection Agency. law, including the memorandum of agree- the conservation and development of (2) FARM.—The term ‘‘farm’’ has the mean- ment between the United States Section of water and related resources, to author- ing given the term in section 112.2 of title 40, the International Boundary and Water Com- ize the Secretary of the Army to con- Code of Federal Regulations (or a successor mission and the City of Nogales, Arizona, struct various projects for improve- regulation). dated January 20, 2006, the United States ments to rivers and harbors of the (3) GALLON.—The term ‘‘gallon’’ means a Section of the International Boundary and United States liquid gallon. Water Commission shall be the sole entity United States, and for other purposes; (4) HISTORY OF A SPILL.—The term ‘‘history responsible for the repair, operating costs, which was ordered to lie on the table; of a spill’’ has the meaning given the term and maintenance of the international outfall as follows: ‘‘reportable oil discharge history’’ in section interceptor and the Nogales wash, located in At the end of section 5001, add the fol- 1049(a) of the Water Resources Reform and Nogales, Arizona. lowing: Development Act of 2014 (33 U.S.C. 1361 note; (i) ESSEX RIVER, MASSACHUSETTS.— Public Law 113–121). SA 4998. Mr. KIRK (for himself, Ms. (1) IN GENERAL.—The portions of the (5) SPILL PREVENTION, CONTROL, AND COUN- KLOBUCHAR, Mr. PORTMAN, Mr. DURBIN, project for navigation, Essex River, Massa- TERMEASURE RULE.—The term ‘‘spill preven- Mr. JOHNSON, Mr. DONNELLY, Mr. chusetts, authorized by the first section of tion, control, and countermeasure rule’’ the Act of July 13, 1892 (27 Stat. 96, chapter BROWN, Ms. STABENOW, Ms. BALDWIN, means the regulations promulgated by the 158), and modified by the first section of the Administrator under part 112 of title 40, Code and Mr. FRANKEN) submitted an Act of March 3, 1899 (30 Stat. 1133, chapter of Federal Regulations (as in effect on the amendment intended to be proposed to 425), and the first section of the Act of March date of enactment of this Act). amendment SA 4979 proposed by Mr. 2, 1907 (34 Stat. 1075, chapter 2509), that do (b) APPLICABILITY OF SPILL PREVENTION, INHOFE to the bill S. 2848, to provide for not lie within the areas described in para- CONTROL, AND COUNTERMEASURE RULE.— the conservation and development of graph (2) are no longer authorized beginning (1) IN GENERAL.—In implementing the spill water and related resources, to author- on the date of enactment of this Act. prevention, control, and countermeasure ize the Secretary of the Army to con- (2) AREAS DESCRIBED.—The areas described rule with respect to any farm, the Adminis- struct various projects for improve- in this paragraph are— trator shall— (A) beginning at a point N. 3056139.82, E. (A) require a certification of compliance ments to rivers and harbors of the 851780.21; with the spill prevention, control, and coun- United States, and for other purposes; (B) running southwesterly about 156.88 feet termeasure rule by— which was ordered to lie on the table; to a point N. 3055997.75, E. 851713.67; (i) a professional engineer for a farm as follows: (C) running southwesterly about 64.59 feet with— At the end of title II, add the following: to a point N. 3055959.37, E. 851661.72; (I) an individual tank with an aboveground SEC. 20ll. GREAT LAKES NAVIGATION SYSTEM. (D) running southwesterly about 145.14 feet storage capacity that is greater than 10,000 to a point N. 3055887.10, E. 851535.85; Section 210(c)(4) of the Water Resources gallons; (E) running southwesterly about 204.91 feet Development Act of 1986 (33 U.S.C. 2238(c)(4)) (II) an aggregate aboveground storage ca- to a point N. 3055855.12, E. 851333.45; is amended— pacity that is not less than 42,000 gallons; or (F) running northwesterly about 423.50 feet (1) by striking ‘‘To sustain’’ and inserting (III) a history of a spill; or to a point N. 3055976.70, E. 850927.78; the following: (ii) the owner or operator of the farm (via (G) running northwesterly about 58.77 feet ‘‘(A) IN GENERAL.—To sustain’’; and self-certification) for a farm with— to a point N. 3056002.99, E. 850875.21; (2) by adding at the end the following: (I) an aggregate aboveground storage ca- (H) running northwesterly about 240.57 feet ‘‘(B) FUNDING.—Notwithstanding any other pacity that is— to a point N. 3056232.82, E. 850804.14; provision of this subsection, in making ex- (aa) greater than 10,000 gallons; and (I) running northwesterly about 203.60 feet penditures under paragraph (1) for each of (bb) less than 42,000 gallons; and to a point N. 3056435.41, E. 850783.93; fiscal years 2015 through 2024, the Secretary (II) no history of a spill; and (J) running northwesterly about 78.63 feet shall allocate for operation and maintenance (B) exempt from all requirements of the to a point N. 3056499.63, E. 850738.56; costs of projects within the Great Lakes spill prevention, control, and counter- (K) running northwesterly about 60.00 feet Navigation System an amount that is not measure rule any farm with— to a point N. 3056526.30, E. 850684.81; less than 10 percent of the funds made avail- (i) an aggregate aboveground storage ca- (L) running southwesterly about 85.56 feet able under this section for fiscal year 2015 to pacity that is not greater than 10,000 gallons; to a point N. 3056523.33, E. 850599.31; pay the costs described in subsection (a)(2).’’. and (M) running southwesterly about 36.20 feet (ii) no history of a spill. SA 4999. Mr. BOOZMAN submitted an to a point N. 3056512.37, E. 850564.81; (2) CALCULATION OF ABOVEGROUND STORAGE (N) running southwesterly about 80.10 feet amendment intended to be proposed to CAPACITY.— to a point N. 3056467.08, E. 850498.74; (A) IN GENERAL.—For purposes of para- amendment SA 4979 proposed by Mr. (O) running southwesterly about 169.05 feet graph (1), the calculation of the aggregate INHOFE to the bill S. 2848, to provide for to a point N. 3056334.36, E. 850394.03; aboveground storage capacity of a farm shall the conservation and development of (P) running northwesterly about 48.52 feet not include any container on a separate par- water and related resources, to author- to a point N. 3056354.38, E. 850349.83; cel with a capacity that is less than 1,320 gal- ize the Secretary of the Army to con- (Q) running northeasterly about 83.71 feet lons. struct various projects for improve- to a point N. 3056436.35, E. 850366.84; (B) ANIMAL FEED INGREDIENTS.—For pur- ments to rivers and harbors of the (R) running northeasterly about 212.38 feet poses of paragraph (1), the calculations of to a point N. 3056548.70, E. 850547.07; the aggregate aboveground storage capacity United States, and for other purposes; (S) running northeasterly about 47.60 feet of a farm and the aboveground storage ca- which was ordered to lie on the table; to a point N. 3056563.12, E. 850592.43; pacity of an individual tank on a farm shall as follows: (T) running northeasterly about 101.16 feet not include any container holding animal At the end of title VIII, add the following: to a point N. 3056566.62, E. 850693.53; feed ingredients that are approved by the SEC. 80lll. EXEMPTION OF RURAL WATER (U) running southeasterly about 80.22 feet Commissioner of Food and Drugs for use in PROJECTS FROM CERTAIN RENTAL to a point N. 3056530.97, E. 850765.40; livestock feed. FEES. (V) running southeasterly about 99.29 feet Section 504(g) of the Federal Land Policy to a point N. 3056449.88, E. 850822.69; SA 4997. Mr. MCCAIN (for himself and and Management Act of 1976 (43 U.S.C. (W) running southeasterly about 210.12 feet Mr. FLAKE) submitted an amendment 1764(g)) is amended in the eighth sentence by to a point N. 3056240.79, E. 850843.54;

VerDate Sep 11 2014 04:32 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.031 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5480 CONGRESSIONAL RECORD — SENATE September 8, 2016 (X) running southeasterly about 219.46 feet (1) shall result in the United States recov- or has any arrangement concerning prospec- to a point N. 3056031.13, E. 850908.38; ering the net present value of all repayment tive employment. (Y) running southeasterly about 38.23 feet streams that would have been payable to the ‘‘(2) DISCLOSURE.—Paragraph (1) shall not to a point N. 3056014.02, E. 850942.57; United States if this section was not in ef- apply if the member— (Z) running southeasterly about 410.93 feet fect; ‘‘(A) immediately advises the designated to a point N. 3055896.06, E. 851336.21; (2) may be provided in several install- agency ethics official for the Commission of (AA) running northeasterly about 188.43 ments; the nature and circumstances of the matter feet to a point N. 3055925.46, E. 851522.33; (3) may not be adjusted on the basis of the presenting a potential conflict of interest; (BB) running northeasterly about 135.47 type of prepayment financing used by the ‘‘(B) makes full disclosure of the financial feet to a point N. 3055992.91, E. 851639.80; District; and interest; and (CC) running northeasterly about 52.15 feet (4) shall be made in a manner that provides ‘‘(C) before the proceeding concerning the to a point N. 3056023.90, E. 851681.75; and that total repayment is made not later than matter presenting the conflict of interest, (DD) running northeasterly about 91.57 feet September 30, 2026. receives a written determination by the des- to a point N. 3056106.82, E. 851720.59. ignated agency ethics official for the Com- SA 5003. Ms. MURKOWSKI (for her- mission that the interest is not so substan- SA 5001. Mr. SANDERS submitted an self and Mr. SULLIVAN) submitted an tial as to be likely to affect the integrity of amendment intended to be proposed to amendment intended to be proposed to the services that the Commission may ex- amendment SA 4979 proposed by Mr. amendment SA 4979 proposed by Mr. pect from the member. INHOFE to the bill S. 2848, to provide for INHOFE to the bill S. 2848, to provide for ‘‘(3) ANNUAL DISCLOSURES.—Once per cal- the conservation and development of the conservation and development of endar year, each member shall make full dis- closure of financial interests, in a manner to water and related resources, to author- water and related resources, to author- be determined by the designated agency eth- ize the Secretary of the Army to con- ize the Secretary of the Army to con- ics official for the Commission. struct various projects for improve- struct various projects for improve- ‘‘(4) TRAINING.—Once per calendar year, ments to rivers and harbors of the ments to rivers and harbors of the each member shall undergo disclosure of fi- United States, and for other purposes; United States, and for other purposes; nancial interests training, as prescribed by which was ordered to lie on the table; which was ordered to lie on the table; the designated agency ethics official for the as follows: as follows: Commission. ‘‘(5) VIOLATION.—Any person that violates At the end of title VIII, add the following: At the appropriate place, insert the fol- lowing: this subsection shall be fined not more than SEC. 80lll. LAKE OAHE EASEMENT. $10,000, imprisoned for not more than 2 years, The Secretary shall not grant an easement SEC. llll. REAUTHORIZATION OF DENALI or both.’’. for the Lake Oahe crossing for the Dakota COMMISSION. (b) AUTHORIZATION OF APPROPRIATIONS.— Access Pipeline until the date on which an (a) ADMINISTRATION.—Section 303 of the Denali Commission Act of 1998 (42 U.S.C. 3121 (1) IN GENERAL.—Section 310 of the Denali environmental impact statement with re- Commission Act of 1998 (42 U.S.C. 3121 note; spect to the easement is completed. note; Public Law 105–277) is amended— (1) in subsection (c)— Public Law 105–277) (as redesignated by sec- SA 5002. Mr. HATCH (for himself and (A) in the first sentence, by striking ‘‘The tion 1960(1) of SAFETEA–LU (Public Law 109–59; 119 Stat. 1516)) is amended, in sub- Mr. LEE) submitted an amendment in- Federal Cochairperson’’ and inserting the following: section (a), by striking ‘‘under section 4 tended to be proposed by him to the under this Act’’ and all that follows through ‘‘(1) TERM OF FEDERAL COCHAIRPERSON.— bill S. 2848, to provide for the conserva- ‘‘2008’’ and inserting ‘‘under section 304, tion and development of water and re- The Federal Cochairperson’’; (B) in the second sentence, by striking ‘‘All $20,000,000 for fiscal year 2017, and such sums lated resources, to authorize the Sec- other members’’ and inserting the following: as are necessary for each of fiscal years 2018 through 2021.’’. retary of the Army to construct var- ‘‘(3) TERM OF ALL OTHER MEMBERS.—All ious projects for improvements to riv- other members’’; (2) CLERICAL AMENDMENT.—Section 310 of ers and harbors of the United States, (C) in the third sentence, by striking ‘‘Any the Denali Commission Act of 1998 (42 U.S.C. and for other purposes; which was or- vacancy’’ and inserting the following: 3121 note; Public Law 105–277) (as redesig- nated by section 1960(1) of SAFETEA–LU ‘‘(4) VACANCIES.—Except as provided in dered to lie on the table; as follows: (Public Law 109–59; 119 Stat. 1516)) is redesig- At the end of title VIII, add the following: paragraph (2), any vacancy’’; and (D) by inserting before paragraph (3) (as nated as section 312. SEC. 8lll. PREPAYMENT OF CERTAIN REPAY- MENT OBLIGATIONS UNDER CON- designated by subparagraph (B)) the fol- SA 5004. Mrs. GILLIBRAND sub- lowing: TRACTS BETWEEN THE UNITED mitted an amendment intended to be STATES AND THE WEBER BASIN ‘‘(2) INTERIM FEDERAL COCHAIRPERSON.—In WATER CONSERVANCY DISTRICT. the event of a vacancy for any reason in the proposed to amendment SA 4979 pro- (a) DEFINITIONS.—In this section: position of Federal Cochairperson, the Sec- posed by Mr. INHOFE to the bill S. 2848, (1) COVERED CONTRACT.— retary may appoint an Interim Federal Co- to provide for the conservation and de- (A) IN GENERAL.—The term ‘‘covered con- chairperson, who shall have all the authority velopment of water and related re- tract’’ means the repayment contract num- of the Federal Cochairperson, to serve until sources, to authorize the Secretary of bered 14–06–400–33 between the United States such time as the vacancy in the position of the Army to construct various projects and the Weber Basin Water Conservancy Dis- Federal Cochairperson is filled in accordance for improvements to rivers and harbors trict, dated December 12, 1952, which pro- with subsection (b)(2)).’’; and of the United States, and for other pur- vides for the repayment of Weber Basin (2) by adding at the end the following: Project construction costs allocated to irri- ‘‘(f) NO FEDERAL EMPLOYEE STATUS.—No poses; which was ordered to lie on the gation and municipal and industrial purposes member of the Commission, other than the table; as follows: for which repayment is provided pursuant to Federal Cochairperson, shall be considered At the end subtitle A of title VII, add the the contract under terms and conditions to be a Federal employee for any purpose. following: similar to the terms and conditions used in ‘‘(g) CONFLICTS OF INTEREST.— SEC. 71ll. MONITORING FOR UNREGULATED implementing the prepayment provisions in ‘‘(1) IN GENERAL.—Except as provided in CONTAMINANTS. section 210 of the Central Utah Project Com- paragraphs (2) and (3), no member of the Section 1445 of the Safe Drinking Water pletion Act (Public Law 102–575; 106 Stat. Commission (referred to in this subsection as Act (42 U.S.C. 300j–4) is amended— 4624). a ‘member’) shall participate personally or (1) in subsection (a)(2)— (B) INCLUSIONS.—The term ‘‘covered con- substantially, through decision, approval, (A) by striking subparagraph (A) and in- tract’’ includes— disapproval, recommendation, the rendering serting the following: (i) any amendments and supplements to of advice, investigation, or otherwise, in any ‘‘(A) ESTABLISHMENT.— the contract described in subparagraph (A); proceeding, application, request for a ruling ‘‘(i) IN GENERAL.—The Administrator shall and or other determination, contract claim, con- promulgate regulations establishing the cri- (ii) any applicable contracts related to the troversy, or other matter in which, to the teria for a monitoring program for unregu- contract described in subparagraph (A). knowledge of the member, 1 or more of the lated contaminants for all public water sys- (2) DISTRICT.—The term ‘‘District’’ means following has a direct financial interest: tems, regardless of the number of people the Weber Basin Water Conservancy District. ‘‘(A) The member. served by a public water system. (b) AUTHORIZATION OF PREPAYMENT.—The ‘‘(B) The spouse, minor child, or partner of ‘‘(ii) REQUIREMENTS.—In promulgating reg- Secretary of the Interior shall allow for the the member. ulations under clause (i), the Administrator prepayment of Central Utah Project, Bonne- ‘‘(C) An organization described in subpara- shall— ville Unit, repayment obligations under the graph (B), (C), (D), (E), or (F) of subsection ‘‘(I) require the monitoring of drinking covered contract. (b)(1) for which the member is serving as of- water supplied by public water systems; and (c) REQUIREMENTS AND AUTHORITIES.—The ficer, director, trustee, partner, or employee. ‘‘(II) vary the frequency and schedule for prepayment authorized under subsection ‘‘(D) Any individual, person, or organiza- monitoring requirements for public water (b)— tion with which the member is negotiating systems based on—

VerDate Sep 11 2014 04:32 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.031 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5481 ‘‘(aa) the number of people served by a pub- (A) designating a road corridor through the (b) of section 6403 of the Omnibus Public lic water system; Refuge; and Land Management Act of 2009 (Public Law ‘‘(bb) the source of the water supply; and (B) constructing a single-lane gravel road 111–11; 123 Stat. 1180) shall apply to the road ‘‘(cc) the contaminants likely to be found along the road corridor subject to the re- constructed in the road corridor. in the water supply.’’; and quirements in subsection (e). (f) EFFECT.—The exchange of Federal land (B) in subparagraph (C), by striking ‘‘(i) IN (3) VALUATION, APPRAISALS, AND EQUALI- and non-Federal land and the road to be con- GENERAL’’ and all that follows through ‘‘(ii) ZATION.— structed under this section shall not con- GRANTS FOR SMALL SYSTEM COSTS—’’; and (A) IN GENERAL.—The value of the Federal stitute a major Federal action for purposes (2) in subsection (g), by striking paragraph land and the non-Federal land to be ex- of the National Environmental Policy Act of (7) and inserting the following: changed under this subsection— 1969 (42 U.S.C. 4321 et seq.). ‘‘(7) UNREGULATED CONTAMINANTS.—With (i) shall be equal, as determined by ap- respect to contaminants for which a national praisals conducted in accordance with sub- SA 5006. Mr. WARNER submitted an primary drinking water regulation has not paragraph (B); or amendment intended to be proposed to been established, the data base shall in- (ii) if not equal, shall be equalized in ac- amendment SA 4979 proposed by Mr. cordance with subparagraph (C). clude— INHOFE to the bill S. 2848, to provide for (B) APPRAISALS.— ‘‘(A) monitoring information collected by the conservation and development of public water systems under subsection (a); (i) IN GENERAL.—As soon as practicable and after the date of enactment of this Act, the water and related resources, to author- ‘‘(B) other reliable and appropriate moni- Secretary and State shall select an appraiser ize the Secretary of the Army to con- toring information on the occurrence of the to conduct appraisals of the Federal land and struct various projects for improve- contaminants in public water systems that non-Federal land. ments to rivers and harbors of the is available to the Administrator.’’. (ii) REQUIREMENTS.—The appraisals re- United States, and for other purposes; quired under clause (i) shall be conducted in which was ordered to lie on the table; accordance with nationally recognized ap- SA 5005. Ms. MURKOWSKI (for her- as follows: self and Mr. SULLIVAN) submitted an praisal standards, including— At the end of title VIII, add the following: amendment intended to be proposed by (I) the Uniform Appraisal Standards for her to the bill S. 2848, to provide for Federal Land Acquisitions; and SEC. 8lll. GUIDELINES FOR SPECIFICATION OF (II) the Uniform Standards of Professional CERTAIN DISPOSAL SITES. the conservation and development of Appraisal Practice. Section 404(b) of the Federal Water Pollu- water and related resources, to author- (C) EQUALIZATION.— tion Control Act (33 U.S.C. 1344(b)) is amend- ize the Secretary of the Army to con- (i) SURPLUS OF FEDERAL LAND.—If the final ed— struct various projects for improve- appraised value of the Federal land exceeds (1) by striking ‘‘(b) Subject to subsection ments to rivers and harbors of the the final appraised value of the non-Federal (c) of this section’’ and inserting the fol- United States, and for other purposes; land to be conveyed under the land exchange lowing: which was ordered to lie on the table; under this subsection, the value of the Fed- ‘‘(b) SPECIFICATION FOR DISPOSAL SITES.— ‘‘(1) IN GENERAL.—Subject to subsection as follows: eral land and non-Federal land shall be equalized— (c)’’; At the appropriate place, insert the fol- (I) by conveying additional non-Federal (2) by striking ‘‘the Secretary (1) through’’ lowing: land in the State to the Secretary, subject to and inserting the following: ‘‘the Secretary— SEC. lllll. KING COVE. the approval of the Secretary; ‘‘(A) through’’; (a) FINDING.—Congress finds that the land (II) by the State making a cash payment to (3) by striking ‘‘section 403(c), and (2) in exchange required under this section (includ- the United States; or any case where such guidelines under clause ing the designation of the road corridor and (III) by using a combination of the meth- (1) alone’’ and inserting the following: ‘‘sec- the construction of the road along the road ods described in subclauses (I) and (II). tion 403(c); and corridor) is in the public interest. (ii) SURPLUS OF NON-FEDERAL LAND.—If the ‘‘(B) in any case in which guidelines under (b) DEFINITIONS.—In this section: final appraised value of the non-Federal land subparagraph (A) alone’’; and (1) FEDERAL LAND.— exceeds the final appraised value of the Fed- (4) by adding at the end the following: (A) IN GENERAL.—The term ‘‘Federal land’’ eral land to be conveyed under the land ex- ‘‘(2) LIMITATION.—Guidelines under para- means the approximately 206 acres of Fed- change under this subsection, the value of graph (1) may not prohibit the specification eral land located within the Refuge as de- the Federal land and non-Federal land shall of a site due to the lack of a final site plan picted on the map entitled ‘‘Project Area be equalized by the State adjusting the acre- resulting from the lack of an identified end Map’’ and dated September 2012. age of the non-Federal land to be conveyed. user or industry or industrial classification (B) INCLUSION.—The term ‘‘Federal land’’ (iii) AMOUNT OF PAYMENT.—Notwith- for the site when determining whether there includes the 131 acres of Federal land in the standing section 206(b) of the Federal Land is a practicable alternative to a proposed dis- Wilderness, which shall be used for the road Policy and Management Act of 1976 (43 charge that would result in less adverse im- corridor along which the road is to be con- U.S.C. 1716(b)), the Secretary may accept a pact on the aquatic ecosystem.’’. structed in accordance with subsection payment under clause (i)(II) in excess of 25 (c)(2)(B). percent of the value of the Federal land con- SA 5007. Mr. MCCAIN (for himself and (2) NON-FEDERAL LAND.—The term ‘‘non- veyed. Mr. FLAKE) submitted an amendment Federal land’’ means the approximately (4) ADMINISTRATION.—On completion of the intended to be proposed to amendment 43,093 acres of land owned by the State as de- exchange of Federal land and non-Federal SA 4979 proposed by Mr. INHOFE to the picted on the map entitled ‘‘Project Area land under this subsection— Map’’ and dated September 2012. bill S. 2848, to provide for the conserva- (A) the boundary of the Wilderness shall be tion and development of water and re- (3) REFUGE.—The term ‘‘Refuge’’ means the modified to exclude the Federal land; and Izembek National Wildlife Refuge in the (B) the non-Federal land shall be— lated resources, to authorize the Sec- State. (i) added to the Wilderness; and retary of the Army to construct var- (4) ROAD CORRIDOR.—The term ‘‘road cor- (ii) administered in accordance with— ious projects for improvements to riv- ridor’’ means the road corridor designated (I) the Wilderness Act (16 U.S.C. 1131 et ers and harbors of the United States, under subsection (c)(2)(A). seq.); and and for other purposes; which was or- (5) SECRETARY.—The term ‘‘Secretary’’ (II) other applicable laws. means the Secretary of the Interior. dered to lie on the table; as follows: (5) DEADLINE.—The land exchange under At the end of title VIII, add the following: (6) STATE.—The term ‘‘State’’ means the this subsection shall be completed not later State of Alaska. than 180 days after the date of enactment of SEC. 80ll. SALT CEDAR REMOVAL PERMIT RE- VIEWS. (7) WILDERNESS.—The term ‘‘Wilderness’’ this Act. (a) IN GENERAL.—Except as provided in means the Izembek Wilderness designated by (d) ROUTE OF ROAD CORRIDOR.—The route of section 702(6) of the Alaska National Interest the road corridor shall follow the southern subsection (b), any action by the Secretary Lands Conservation Act (16 U.S.C. 1132 note; road alignment as described in the alter- relating to reviewing an application for a Public Law 96–487). native entitled ‘‘Alternative 2-Land Ex- permit under section 404 of the Federal (c) LAND EXCHANGE REQUIRED.— change and Southern Road Alignment’’ in Water Pollution Control Act (33 U.S.C. 1344) (1) IN GENERAL.—If the State offers to con- the final environmental impact statement or section 10 of the Act of March 3, 1899 vey to the Secretary all right, title, and in- entitled ‘‘Izembek National Wildlife Refuge (commonly known as the ‘‘Rivers and Har- terest of the State in and to the non-Federal Land Exchange/Road Corridor Final Environ- bors Appropriation Act of 1899’’) (33 U.S.C. land, the Secretary shall convey to the State mental Impact Statement’’ and dated Feb- 403), and any action by the Director of the all right, title, and interest of the United ruary 5, 2013. United States Fish and Wildlife Service (re- States in and to the Federal land. (e) REQUIREMENTS RELATING TO ROAD.—The ferred to in this section as the ‘‘Director’’) (2) USE OF FEDERAL LAND.—The Federal requirements relating to usage, barrier ca- pursuant to section 7 of the Endangered Spe- land shall be conveyed to the State for the bles, and dimensions and the limitation on cies Act of 1973 (16 U.S.C. 1536), relating to purposes of— support facilities under subsections (a) and the mechanized removal of salt cedar from

VerDate Sep 11 2014 04:32 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.032 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5482 CONGRESSIONAL RECORD — SENATE September 8, 2016 an area that consists of not more than 500 There being no objection, the Senate academies. That act of Congress, cre- acres shall be completed by the Secretary or proceeded to consider the bill. ated a milestone in our military his- the Director, as applicable, by not later than Mr. BOOZMAN. Mr. President, I ask tory, setting the national stage for 90 days after the date of receipt of the appli- unanimous consent that the bill be women’s equality. cation. On July 6, 1976, the very first class of (b) EXCEPTION.—The Secretary may pro- read a third time and passed and the vide to an office conducting a review de- motion to reconsider be considered women entered the U.S. Naval Acad- scribed in subsection (a) an extension of not made and laid upon the table. emy. Four years later, the graduating longer than an additional 90 days to com- The PRESIDING OFFICER. Without class of 1980, commissioned 55 women. plete the review, if the Secretary determines objection, it is so ordered. Since then, more than 4,800 women, in- that such an extension is warranted. The bill (H.R. 3969) was ordered to a cluding this year’s graduating class of f third reading, was read the third time, 2016, have graduated from the U.S. Naval Academy and have transcended AUTHORITY FOR COMMITTEES TO and passed. f traditional military roles for women. MEET Women have had to fight every single COMMITTEE ON FOREIGN RELATIONS EXPRESSING A COMMITMENT BY day and in every single way to be able Mr. PORTMAN. Mr. President, I ask THE SENATE TO NEVER FORGET to advance ourselves. Today, women unanimous consent that the Com- THE SERVICE OF AVIATION’S make up 27 percent of the U.S. Naval mittee on Foreign Relations be author- FIRST RESPONDERS Academy’s student body, the highest in ized to meet during the session of the Mr. BOOZMAN. Mr. President, I ask the school’s history. This year, mid- Senate on September 8, 2016, at 10 a.m., unanimous consent that the Senate shipmen were admitted from every to conduct a hearing entitled ‘‘Paki- proceed to the immediate consider- state in the U.S., as well as the Dis- stan: Challenges for U.S. Interests.’’ ation of S. Res. 549, submitted earlier trict of Columbia, Guam, Puerto Rico, The PRESIDING OFFICER. Without today. and the U.S. Virgin Islands. The Naval objection, it is so ordered. The PRESIDING OFFICER. The Academy continues to evolve, depict- COMMITTEE ON THE JUDICIARY clerk will report the resolution by ing our Nation’s diversity, and pro- Mr. PORTMAN. Mr. President, I ask title. moting equality. unanimous consent that the Com- The senior assistant legislative clerk Our country is stronger today be- mittee on the Judiciary be authorized read as follows: cause women have advanced in the military. There are 2.2 million women to meet during the session of the Sen- A resolution (S. Res. 549) expressing a com- ate on September 8, 2016, following the mitment by the Senate to never forget the serving in our military, serving with first vote of the Senate, in S–216 of the service of aviation’s first responders. their male counterparts in leadership capacities that now include combat oc- Capitol. There being no objection, the Senate cupations. These strong, powerful, and The PRESIDING OFFICER. Without proceeded to consider the resolution. intelligent women have unselfishly objection, it is so ordered. Mr. BOOZMAN. Mr. President, I fur- chosen to serve their country in a time SELECT COMMITTEE ON INTELLIGENCE ther ask unanimous consent that the when our Nation’s military is needed resolution be agreed to, the preamble Mr. PORTMAN. Mr. President, I ask the most, and they have done so with be agreed to, and the motions to recon- unanimous consent that the Select passion, heroism and integrity. Committee on Intelligence be author- sider be considered made and laid upon The U.S. Naval Academy was founded ized to meet during the session of the the table with no intervening action or in 1845. A school that began with mere- Senate on September 8, 2016, at 2 p.m., debate. ly 50 midshipman students and 7 pro- in room SH–219 of the Hart Senate Of- The PRESIDING OFFICER. Without fessors now fosters a graduating class fice Building. objection, it is so ordered. of 1,076 commissioned officers. A school The PRESIDING OFFICER. Without The resolution (S. Res. 549) was rich with tradition, the Academy offers objection, it is so ordered. agreed to. 43 different majors within 19 fields of SUBCOMMITTEE ON REGULATORY AFFAIRS AND The preamble was agreed to. study. The U.S. Naval Academy offers FEDERAL MANAGEMENT (The resolution, with its preamble, is a premier education and continues to Mr. PORTMAN. Mr. President, I ask printed in today’s RECORD under ‘‘Sub- bolster some of the finest and most unanimous consent that the Sub- mitted Resolutions.’’) hardworking patrons of our society. committee on Regulatory Affairs and f But that society would not be complete Federal Management of the Committee RECOGNIZING THE 40TH ANNIVER- without our women service members. on Homeland Security and Govern- SARY OF WOMEN AT THE When women succeed in the workplace, mental Affairs be authorized to meet UNITED STATES NAVAL ACAD- our economy succeeds, and our country during the session of the Senate on EMY WEEK is stronger for it. September 8, 2016, at 10 a.m. in order to The U.S. Naval Academy has conduct a hearing entitled, ‘‘Reviewing Mr. BOOZMAN. Mr. President, I ask groomed trailblazers, women who have Independent Agency Rulemaking.’’ unanimous consent that the Senate commanded in combat, women who The PRESIDING OFFICER. Without proceed to the immediate consider- have set standards for success, and objection, it is so ordered. ation of S. Res. 550, submitted earlier women who have paved the way for our today. f daughters and granddaughters. I wish The PRESIDING OFFICER. The to honor just a few of those trail- MASTER CHIEF PETTY OFFICER clerk will report the resolution by blazers, as we recount the importance JESSE DEAN VA CLINIC title. of this 40-year revolution. Mr. BOOZMAN. Mr. President, I ask The senior assistant legislative clerk In 1995, CDR Wendy Lawrence, class unanimous consent that the Com- read as follows: of 1981, became the first Navy woman mittee on Veterans’ Affairs be dis- A resolution (S. Res. 550) designating the in space aboard space shuttle Endeav- charged from further consideration of week of September 5 through September 9, or. H.R. 3969 and the Senate proceed to its 2016, as ‘‘Recognizing the 40th Anniversary of In 2006, RADM Margaret D. Klein, Women at the United States Naval Academy class of 1981, became the first woman immediate consideration. Week.’’ The PRESIDING OFFICER. Without commandant at the U.S. Naval Acad- objection, it is so ordered. There being no objection, the Senate emy. Later she served as the Chief of The clerk will report the bill by title. proceeded to consider the resolution. Staff for U.S. Cyber Command, pio- The senior assistant legislative clerk Ms. MIKULSKI. Mr. President, I rise neering in the cyber field. read as follows: today having submitted a resolution In 2011, Marine Brig. Gen. Lori Rey- honoring the 40th anniversary of A bill (H.R. 3969) to designate the Depart- nolds, class of 1986, was the first ment of Veterans Affairs community-based women attending the U.S. Naval Acad- woman to command the Marine Corps outpatient clinic in Laughlin, Nevada, as the emy in Annapolis, MD. Forty years Recruiting Depot in Parris Island. ‘‘Master Chief Petty Officer Jesse Dean VA ago, in 1975, Congress proudly author- Of course, we can’t celebrate the U.S. Clinic.’’ ized women to attend military service Naval Academy without celebrating

VerDate Sep 11 2014 04:32 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A08SE6.032 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5483 the accomplishments of ADM Michelle ate completes its business today, it ad- THE FOLLOWING NAMED OFFICER FOR REGULAR AP- POINTMENT IN THE GRADE INDICATED IN THE UNITED J. Howard, class of 1982; who was the journ until 3 p.m., Monday, September STATES ARMY MEDICAL CORPS UNDER TITLE 10, U.S.C., first African-American woman to com- 12; that following the prayer and SECTIONS 531 AND 3064: mand a Navy ship. In 2014, Admiral pledge, the morning hour be deemed To be major Howard became the first woman to be- expired, the Journal of proceedings be ARISTIDIS KATERELOS come a four-star admiral, and was then approved to date, and the time for the THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY appointed the Vice Chief of Naval Oper- two leaders be reserved for their use MEDICAL CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 ations; becoming the first African- later in the day; further, that following AND 3064: American and the first woman to hold leader remarks, the Senate resume To be colonel that position. consideration of S. 2848; finally, that SCOTT C. MORAN This list of accomplishments from notwithstanding the provisions of rule THE FOLLOWING NAMED OFFICER FOR APPOINTMENT our U.S. Naval Academy women grad- TO THE GRADE INDICATED IN THE UNITED STATES ARMY XXII, the Senate vote on the motion to MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- uates goes on. It is the reason I have invoke cloture on the Inhofe-Boxer TIONS 624 AND 3064: introduced this resolution. We must substitute amendment, No. 4979, at 5:30 To be major ensure the legacy of this institution p.m. on Monday. MONA M. MCFADDEN and the accomplishments of these The PRESIDING OFFICER. Without THE FOLLOWING NAMED ARMY NATIONAL GUARD OF amazing women are recognized and objection, it is so ordered. THE UNITED STATES OFFICERS FOR APPOINTMENT TO celebrated. THE GRADE INDICATED IN THE RESERVE OF THE ARMY Last May, the U.S. Naval Academy f UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: commissioned 265 women officers. ADJOURNMENT UNTIL MONDAY, To be colonel These women, like their predecessors, SEPTEMBER 12, 2016, AT 3 P.M. NICOLE N. CLARK MARION R. COLLINS will go on to serve in some of the most Mr. BOOZMAN. Mr. President, if RONALD A. CUPPLES demanding assignments in the Navy, DAVID C. FEELEY there is no further business to come be- ANNETTE R. GRANDPRE the Marine Corps, and even inter-serv- fore the Senate, I ask unanimous con- CHRISTINE L. HOFFMANN ice agencies such as the U.S. Coast NICK JOHNSON sent that it stand adjourned under the THOMAS H. MANCINO Guard. They will continue to break previous order. SHANE M. MARTIN new ground and become firsts in their There being no objection, the Senate, DOUGLAS L. SIMON fields. SUSAN R. SINGALEWITCH at 5:09 p.m., adjourned until Monday, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT It is because of our Nation’s heroes September 12, 2016, at 3 p.m. TO THE GRADE INDICATED IN THE UNITED STATES ARMY we are able to stand here today, but JUDGE ADVOCATE GENERAL’S CORPS UNDER TITLE 10, the service of women in the military is f U.S.C., SECTIONS 624 AND 3064: a milestone we must honor. These NOMINATIONS To be major CLAYTON T. HERRIFORD women have proven equality matters. Executive nominations received by These women have proven that they THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT the Senate: TO THE GRADE INDICATED IN THE UNITED STATES ARMY can achieve anything. These women AS CHAPLAINS UNDER TITLE 10, U.S.C., SECTIONS 624 AND IN THE AIR FORCE have made many sacrifices to make our 3064: country safe. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT To be colonel IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- We must continue to promote equal- CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE JAMES R. BOULWARE ity and encourage women to strive for AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION ADDISON BURGESS success in order to guarantee future 601: MITCHELL A. BUTTERWORTH To be general LOUIS A. DELTUFO parity. In today’s increasingly uncer- DAVID J. DEPPMEIER GEN. JOHN E. HYTEN RICHARD D. GARVEY tain world, women serving in military JAMES R. GRIFFIN leadership roles, are more important THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ROBERT H. HART, JR. TO THE GRADE INDICATED IN THE REGULAR AIR FORCE MILTON JOHNSON than ever before. Women service mem- UNDER TITLE 10, U.S.C., SECTION 531: CHUL W. KIM bers are a necessity—they are dynamic, To be major DAVID W. LILE KAREN L. MEEKER resilient leaders who inspire millions PAUL K. CLARK ROY M. MYERS to make the world a better place. I am THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DANIEL S. OH proud to promote and recognize such TO THE GRADE INDICATED IN THE UNITED STATES AIR JULIE M. ROWAN FORCE UNDER TITLE 10, U.S.C., SECTIONS 624 AND 1552: JACK J. STUMME strength. DAVID E. WAKE As the Navy proudly proclaims, To be colonel MATTHEW S. WYSOCKI ENRIQUE J. GWIN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ‘‘Through Knowledge, Sea Power.’’ As TO THE GRADE INDICATED IN THE UNITED STATES ARMY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT UNDER TITLE 10, U.S.C., SECTION 624: dean of the Women Senators, I am here IN THE GRADE INDICATED IN THE REGULAR AIR FORCE to proudly proclaim, through women’s UNDER TITLE 10, U.S.C., SECTION 531: To be lieutenant colonel equality, we gain knowledge and create To be lieutenant colonel DAVID E. FOSTER power that is unstoppable. As a soci- ANTHONY S. ROBBINS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES ARMY ety, we must continue to promote and IN THE ARMY recognize our Nation’s heroines and MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIONS 624 AND 3064: their outstanding efforts for future AS PERMANENT PROFESSOR AT THE UNITED STATES To be major generations. MILITARY ACADEMY IN THE GRADE INDICATED UNDER Mr. BOOZMAN. Mr. President, I fur- TITLE 10, U.S.C., SECTIONS 4333(B) AND 4336(A): JUSTIN J. ORTON To be colonel THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ther ask unanimous consent that the AS PERMANENT PROFESSOR AT THE UNITED STATES resolution be agreed to, the preamble GAIL E. S. YOSHITANI MILITARY ACADEMY IN THE GRADE INDICATED UNDER be agreed to, and the motions to recon- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TITLE 10, U.S.C., SECTIONS 4333(B) AND 4336(A): TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be colonel sider be considered made and laid upon UNDER TITLE 10, U.S.C., SECTION 624: the table with no intervening action or To be major TINA R. HARTLEY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT debate. VEDNER BELLOT TO THE GRADE INDICATED IN THE RESERVE OF THE The PRESIDING OFFICER. Without THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY UNDER TITLE 10, U.S.C., SECTION 12203: objection, it is so ordered. TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be colonel The resolution (S. Res. 550) was UNDER TITLE 10, U.S.C., SECTION 624: To be major MELAINE A. WILLIAMS agreed to. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT The preamble was agreed to. GRAHAM F. INMAN TO THE GRADE INDICATED IN THE RESERVE OF THE (The resolution, with its preamble, is THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY UNDER TITLE 10, U.S.C., SECTION 12203: TO THE GRADE INDICATED IN THE UNITED STATES ARMY printed in today’s RECORD under ‘‘Sub- UNDER TITLE 10, U.S.C., SECTION 624: To be colonel mitted Resolutions.’’) To be major ANTHONY T. SAMPSON f ALEXANDER M. WILLARD IN THE NAVY ORDERS FOR MONDAY, THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- TO THE GRADE INDICATED IN THE UNITED STATES ARMY MENT TO THE GRADE INDICATED IN THE UNITED STATES SEPTEMBER 12, 2016 UNDER TITLE 10, U.S.C., SECTION 624: NAVY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: Mr. BOOZMAN. Mr. President, I ask To be lieutenant colonel To be captain unanimous consent that when the Sen- RICHARD A. DORCHAK, JR. WILLIAM J. KAISER

VerDate Sep 11 2014 04:32 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00063 Fmt 4624 Sfmt 9801 E:\CR\FM\A08SE6.055 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5484 CONGRESSIONAL RECORD — SENATE September 8, 2016

JESSE H. LYNN JASON J. WEINER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KRISTINE E. LYONS ALLISON G. WESSNER TO THE GRADE INDICATED IN THE UNITED STATES NAVY HARRY T. MADHANAGOPAL MATTHEW J. WESSNER UNDER TITLE 10, U.S.C., SECTION 624: KRISTIN N. MANSON ANDREW H. WESTMORELAND To be lieutenant commander GEORGIA L. MARSH STEVEN A. WHELPLEY JOSEPH S. MARTIN NATHAN R. WHITLOW NICOLE A. AGUIRRE ADAM D. MARUSZEWSKI JESSICA R. WINTERS TRAVIS C. ALLEMANG HORACE G. MATTHEWS AMELIA L. WRIGHT JOSEPH AN KATIE M. MCAULIFFE KEVIN T. WRIGHT SARAH ANDERSON CASEY E. MCCANN KURT C. WUKITSCH CHAD T. ANDICOCHEA BRENT J. MCDANIEL PHILIP M. YAM JACOB T. ANKENY SEAN C. MCINTIRE JOSEPH M. YETTO STEPHEN S. AUSTAD RUTH E. MCLAUGHLIN TATYANA O. YETTO ANDREA L. AUSTIN STEPHEN M. MCMULLAN CELESTE D. YOUNG DEREK A. AUSTIN STEPHANIE P. MEYER RYAN M. ZALESKI THOMAS J. AVALLONE WILLIAM E. MICHAEL KRIS E. ZAPORTEZA JOSHUA C. BARNHILL JUSTIN G. MILLER AMETHYST K. ZIMMERMAN THOMAS S. BARROS II MICHAEL J. MILLER AMY F. ZUCHARO ROBERT J. BEERS ERICA N. MINGO PASHA L. BENTLEY ADRIAN J. MORA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL J. BERGE JOHN W. MORRISON, JR. TO THE GRADE INDICATED IN THE UNITED STATES NAVY JENNIFER E. BERGSTROM PATRICK B. MORRISSEY UNDER TITLE 10, U.S.C., SECTION 624: MATTHEW S. BERNIARD SHEILA MULLIGAN To be lieutenant commander ANDREW J. BIGGS KELLI R. MURPHY JESSICA L. BLUHM PRITI V. NATH ALICE A. T. ALCORN DAVID R. BOLTHOUSE MATTHEW D. NEALEIGH ERIK D. ANDERSON DANIEL E. BRADLEY KARI A. NEAMANDCHENEY KARIMA AYESH STEPHANIE M. BRASHEAR VU Q. NGHIEM ERIN S. BAILEY BENJAMIN J. BRIGGS KIM T. NGUYEN BRYAN J. BEHM MATTHEW R. BROCK YUMMY NGUYEN BRADLEY A. BENNETT TIMOTHY R. BROOKS NATHAN M. OEHRLEIN NICHOLAS A. BENNETTS KELLY L. BROWN THOMAS F. OLSON SPENCER W. BJARNASON ADAM K. BRUST EJIROGHENE ONOS DAVID G. BURKE ANDREW C. BUCHHOLZ CLAUDIO A. OSORIO CAMRON S. BUTTARS SARAH E. L. BUMPS AMY A. OSTROFE JOSEPH R. BYRAM JACQUELYN M. BURNETT ADAM N. OVERBEY ADAM J. CATZ KENDRA R. CAGNIART KAITLIN D. PALA JOHN A. CHAMBERLAIN PIERREETIENNE C. CAGNIART BRIAN B. PARK KAI C. J. CHANG SVETLANA CARAGHEAUR BRIAN Y. PARK JERRY CHENG MATTHEW D. CARPINELLO HYUN J. PARK SARAH H. CHILDS HILLARY A. CHACE JENNIFER L. PARK KELVIN Z. C. CHOU ANDRE L. CHARTIER JOSEPHINE A. PEARSON JOSEPH R. COOK JULIA H. CHERINGAL KELLY C. PENG JOSEPH E. DEHMER COLEEN L. COLAHAN RICHARD A. PIERSON RACHEL V. DULEBOHN JASON J. CONDINO DOUGLAS M. POKORNY DANIEL J. FISHER AARON C. CONWAY WILLIAM B. POKORNY MICHAEL P. FITZGERALD JASON R. CROAD CATHERINE A. POPADIUK ERIC H. FREDERIKSEN ANTHONY M. CRUZ MANDY M. POTTER BRANDON L. GEDDES CAITLIN O. CRUZ BRITTANY E. POWELL GREGORY M. GITTLEMAN MARK M. CRUZ WILLIAM M. PULLEN LINDSAY A. GODFREY ANDREW J. DELLEDONNE CHRISTINE M. PUTHAWALA JOSEPH GRANT III JOHN A. DERENNE MICHAEL J. RACS UJVAL R. GUMMI KATRINA L. DESTREE VICTOR A. RAMOS PETER J. HAM BENJAMIN A. DREW JEFFEREY M. RAUNIG FARID HAMIDZADEH STEPHEN A. DUMONTIER CLIFFORD J. RAYMOND DANIEL A. HAMMER THOMAS A. EDWARDS MATTHEW C. RE MARINA HERNANDEZFELDPAUSCH TAYLER B. ELDRIDGE MATTHEW J. RICHTER SEAN B. HERSHBERGER ROBERT P. ELIAS BRENDAN J. RINGHOUSE MARKUS S. HILL MICHAEL J. ELIASON SHAYNA C. RIVARD CYNTHIA R. HOLLIDAY THOMAS R. EVANS MELANIE E. ROBERSON RYAN K. HUKILL MICHAEL C. FANGEROW JOHN S. ROBERTS ELISE V. HURRELL GREGORY R. FAULKNER CARRIE L. ROBINSON JOSEPH M. JARMAN RYAN K. FAWLEY CHRISTOPHER M. ROCK MELISSA M. JOY MATTHEW T. FEELEY AMY E. ROGERS GABRIELLE K. JUNG JEFFREY P. FENNELLY ANTHONY M. ROMERO DAVID J. KOSEK CHRISTOPHER W. FERGUSON BENJAMIN J. ROPER CATHERINE L. KUBERA JASON F. FISHER ANNA L. RUTHERFORD BRITTANY L. KURZWEG DANIEL J. GALKA RAUBBY C. SABALERIO TAYLOR M. LANDON KIA M. GALLAGHER ALANA B. SABENE MICHAEL H. LEE CHIRAAG N. GANGAHAR STEVEN W. SAITO MICHAEL J. LEWIS MICHELLE T. GANYO GORDON P. SALGADO CHRISTINA L. LILLI DANIEL S. GARVIN JORGE SALGADO ELLA T. A. K. LIM BETHANY J. GOD JOSEPH N. SARUBBI ALICE C. L. MA JOAN M. GONZALEZ PATRICK L. SCARBOROUGH JAREN T. MAY MICA D. GRANTHAM ERIC C. SCHMIDGAL REBECCA S. MCGUIRE IAN A. GRASSO RYAN J. SCHUTT STEPHANIE N. MORA MARGARET C. GREEN ANGELA L. SENESE JAMES S. MORRIS, JR. JONATHAN E. S. GRUBER MATTHEW S. SERAFINE DAVID L. NELSON ROBERT J. GRZYBOWSKI CHARLES I. SIMERMAN KYLE T. NELSON JUAN D. GUERRA BRIGHID H. SIMMONS BRANDI B. NOORDMANS MATTHEW L. HALDEMAN PATRICK C. SIMPSON III JASON M. NOTARIO GREGORY W. HALL ANUMEHA SINGH ERIC W. OLENDORF MATTHEW G. HANLEY EVAN P. SLEIPNESS ELIZABETH G. PADILLA FRANCIS J. HARTGE IV HEATHER S. SLUSSER DONALD G. PRITCHETT, JR. RUSTON L. HESS EUGENE R. SMITH III RYAN J. PRYOR ADRIENNE S. HIATT MARGO Z. SMITH STEVEN G. RABENSTEIN MICHAEL H. HIGHT MATTHEW E. SMITH HILLARY C. REEVES CHARLES J. HORN CHRISTOPHER L. SNITCHLER AMANDA L. RICE ALEXANDER HRAY III HEATHER M. SOLORIA MATTHEW A. ROUSE JENNIFER L. HUNT KIMBERLY M. SPAHN DAVID L. SANDBERG JOHN E. JACKSON SHELBY R. SPANDL ABIGAIL L. SCHMIDT SUZANNE M. H. JENKINS ALISON P. SPANIOL ADAM E. SCHMIDT FREDERIC C. JEWETT III JOSEPH W. SPELLMAN LINDSEY G. SHOWERS MARC J. KAJUT CASANDRA M. SPREEN JEREMIAH J. SPARKS SEAN S. KIM CARL E. STARR ALEXANDER TARASOV CHASE A. KISSLING JENA L. SWINGLE ARTHUR S. VALERI LAURA S. KLEIN TESHOME M. TAFES WILLIAM S. WALKER III ANDREW S. KNECHT NICHOLAS A. TAMORIA GEOFFREY L. WARD PETER F. KNICKERBOCKER BRIAN E. TAYLOR WESLEY D. WEIBEL STEPHEN A. KOPLIN ALEXANDER S. TEEFEY BEECHER C. WHITEAKER III ADRIAN B. KORDUBA PATRICK M. THOMAE NATHANIEL D. WILLIAMS ERICA J. KRELLER JENNIFER L. THOMPSON KEVIN C. WIMAN JANELLE R. KRINGEL KIMBERLY A. THOMPSON DAVID S. YI JULIAN S. KU MATTHEW M. THOMPSON STACY L. YU COLLEEN F. LAIL KATHLEEN T. TILMAN MALKA ZIPPERSTEIN JOHN K. LAMBRIX TIMOTHY D. TODD KATRINA N. LANDA DUY P. TRAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GRACE D. LANDERS GABRIEL S. VALERIO TO THE GRADE INDICATED IN THE UNITED STATES NAVY ALISON B. LANE TIMOTHY M. VEAL UNDER TITLE 10, U.S.C., SECTION 624: JONATHAN T. LAU BRANDON R. VIER To be lieutenant commander JOSHUA R. LEBENSON ADAM D. VOELCKERS NANCY A. LENTZ AUDREY C. VOSS JULIE M. C. ANDERSON DANA R. LILLI KATHERINE N. VU BRIAN C. ANDREWSSHIGAKI DIANA R. LINDSEY SEAN M. S. WADE ELIZABETH R. ANGELO SAMUEL F. LIVINGSTON MERCY D. WAGNER THOMAS S. ANNABEL ROBERT J. LONG ANDREW L. WARD MICHAEL C. AVANTS STARLA N. LYLES BRIAN P. WEIMERSKIRCH JOHN L. BALSAMO

VerDate Sep 11 2014 07:02 Nov 15, 2016 Jkt 049060 PO 00000 Frm 00064 Fmt 4624 Sfmt 9801 E:\RECORD16\SEP2016\S08SE6.REC S08SE6 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE September 8, 2016 CONGRESSIONAL RECORD — SENATE S5485 RENARDIS D. BANKS To be lieutenant commander LANAE Z. HARRISON BENJAMIN J. BARRUS CHRISTOPHER L. HARVIE MICHAEL B. BAUN BENJAMIN D. ADAMS ANGELA R. HEALY CHRISTINE S. BRADY ADRIENNE M. BALDONI NANCY G. HELFRICH BYRON M. BREEDING LAURA R. BATEMAN KIMBERLEY L. HENDRICKS KEVIN M. BRIGHTON KEVIN R. BRANDWEIN SERINA A. HERNANDEZ DAVID L. BRODERICK SHAWN W. BRENNAN ANTHONY S. HOFER ALEXANDER P. BULAN DANIEL M. BRIDGES JUANITA T. HOPKINS GRETCHEN S. BURNS STEPHEN W. BUCKLEY MICHAEL J. HOWARD WILLIAM J. BURRELL AUBREY D. CHARPENTIER JASMYNE C. IRIZARRY QINGYUAN CAO STEPHANIE L. CIRONE SARAH A. JAGGER AUDREY J. CARTER ANDREW M. COFFIN SAMANTHA J. JENNINGS HUNTER R. COATES MARGARET V. COLE ANDY L. KELLER CARLOS M. COLEMAN BRIAN D. CORCORAN JENIQUE B. KEYS BRENT D. COLLINS MATTHEW C. COX JAMES W. KILPATRICK JORGE L. CONCEPCION ARI E. CRAIG CHARLES J. KINARD COLLEEN I. CORDRICK THOMAS L. EATON MARY E. KING FRANCISCO A. CORNEJO SCOTT W. FISHER ROBERT M. LEAHY JILL S. CUNNINGHAM JESSICA L. FORD JENNIFER H. LORAN TAMMY L. DALESANDRO JARROD R. FRANKS YVONNE M. MARENCO JONATHON R. DAVIS GEOFFREY T. GILLESPIE SCOTT E. MCCLURE LEONARDA M. DEGUZMAN CHARLES C. GOUGH LEAH U. MCCOY JOSEPH W. DICLARO II EDWARD T. GRIFFIS, JR. LINDSAY K. MCQUADE PHILLIP S. DOBBS LEIGHA B. F. GROVES DANILO R. MENDOZA, JR. KATHERINE V. DOZIER CANDACE M. HOLMES MEGAN K. MOODY KIMBERLY A. EDGEL ALEXANDER G. HOMME JOSHUA J. MORGAN ANTHONY M. EISENHARDT LAUREN E. HUGEL AMANDA P. MUNRO DAVID B. ENGLAND II CHRISTOPHER H. HUTTON ERICA H. NICOLETTI ANALIZA M. ENRIQUEZ ADAM E. INCH FARZAN NOBBEE LUIS A. ESTRELLA MEGAN R. JACKLER STEFANIE A. NOCHISAKI ELIZABETH D. FARRAR MATTHEW J. KADLEC OTIS OSEI FELIPE P. FINLEY JENNIFER L. LUCE RHYS A. PARKER JOSEPH C. FISCUS JEFFREY S. MARDEN ALLEN K. PAYNE SARAH E. FLETCHER LAUREN A. S. MAYO ERICA L. PHILLIPS JEREMIAH D. FORD ANDREW J. MOORE COURTNEY V. POWELL SETH L. GARCIA PAUL B. MORRIS NIKKI L. PRITCHARD AMANDA A. GARDNER SARA P. NEUGROSCHEL RENEE M. QUEZADA KRYSTAL S. GLAZE KATHRYN A. PARADIS TY M. QUINN LINDSAY H. GLEASON ADAM G. PARTRIDGE JERICHO H. RAMIREZ KEVIN A. GOODELL MICHAEL T. PIERCE, JR. BARBARA M. REMEDIOS KRISTEN D. GROSS THERESA D. POINDEXTER MARY K. REYNA MATTHEW D. GRYPP PHILIP W. ROHLFING BRANDON A. RUDY ZACHARY W. HARE CHARLES M. ROMAN EDWARD L. S. RUNYON WILLIAM F. HAYES, JR. DENISE L. ROMEO SARAH D. RUSHNOV RICK W. HECKERT BRANDON H. SARGENT BRETT A. SALAZAR JEFFREY C. HERTZ JOHN A. SCHAFFER KAREN J. SANCHEZ SUSAN A. HINEGARDNER KEVEN P. SCHREIBER CRYSTAL M. M. SARACENI TONY H. HUGHES KIMI K. SCHULTHEISS BRANDON J. SARTAIN ANN M. HUMMEL ANTHONY P. SHAM ERIKA D. SCHILLING ANDREW J. HUNTER NICOLE T. STARING LESLIE R. SCHNEIDER KYLEIGH B. HUPFL TIA R. SUPLIZIO NATHANIEL J. SCHWARTZ ERIC J. INFANTE JAMES C. SYLVAN RACHEL I. SEHNERT VINCENT P. JONES JON T. TAYLOR JUAN D. SERRATO JOSEPH K. KALEIOHI MATTHEW P. THRASHER MELISSA A. SLACK MICHAEL D. KAVANAUGH MICHAEL F. WHITICAN JUDITH SMART MICAH J. KINNEY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LATARYA D. SMITH SANDEEP KUMAR TO THE GRADE INDICATED IN THE UNITED STATES NAVY DONELLE J. SPIVEY RACHEL E. LANTIERI UNDER TITLE 10, U.S.C., SECTION 624: ANGELA G. SPRUILL THUY D. T. LE JENNIFER D. SQUAZZA LAURA A. J. LETCHWORTH To be lieutenant commander STEVEN A. STARR DOMINICK B. STELLY AMANDA F. LIPPERT STEPHEN K. AFFUL KIMBERLY A. STEVENS MELISSA M. LIWANAG BETSY L. ALBERS MICHAEL A. STEVENS WILFREDO L. LUCAS, JR. NGUYET N. ALLBAUGH KRISTIN P. STONIECKI ENKELEIDA MABRY JUSTIN E. ALLEN LOUIS D. STREB JOHN W. MAHONEY III RACHEL D. ALLNUTT KASSY L. STRICKLAND RYAN P. MAID CANDY S. ANDERSON CHRISTOPHER O. SUTHERLAND DANIEL N. MANNIS DAVID A. ANTICO STACEY A. SWINDELLS CRYSTAL C. MASSEY AMY E. APARICIO ADAM M. TAYLOR KARL M. MATLAGE JOURDAN K. ASKINS KOA J. THOMAS ALISTAIR S. MCLEAN KRISTIN S. AUCKER ANDREW B. TINGUE RODERICK S. MEDINA JONATHAN M. AUKEMAN MARYPAT A. TOBOLA JUSTIN W. MEEKER ROBERT B. BAILEY JOEL P. TRAUSCH LYNDSY M. MEYER ERIC S. BANKER MEREDITH K. TVERDOSI JACQUELINE L. MILLER AMY H. BARENDSE DAVID T. UHLMAN JEREMY K. MILLER KATHRYN A. BARGER NATESHA A. VAILLANCOURT REBECCA M. L. MIRANDA JOHN B. BENEFIELD III SUSAN R. VIDAURRE LEAH D. MOSS TRACI L. BENSON CLAIRE M. VIDRINE ANGELA M. MYERS RACHEL A. BRADSHAW STEPHANIE E. WALLACE MARY L. NEAL JASON L. BROUGH CRAIG A. WILKINS JOSEPH W. NEIL JERRY J. BROWN MELINDA S. WILLIAMS JAMES A. NEIPP TERRY J. BROWN MICHAEL C. WILLIAMS, JR. JOHN O. OCHIENG TRACI E. BURRELL VANITA J. WILLIAMS JOHN R. OLIVA JOHANNA M. CARLSON BRIAN C. WILSON NINA A. PADDOCK ROGER G. CASON PETER J. WOODS CHRISTOPHER L. PAULETT CHERYL Q. CASTRO CAITLIN M. WORKMAN GIAO B. PHUNG CHANTEL D. CHARAIS JOSHUA A. WYMER JOHN J. PICCONE KRYSTAL M. CHUNACO BRITTANY L. YANG AILEEN M. PLETTA SHARON A. CROWDER ALESSANDRA E. ZIEGLER JOSE A. PULIDO LESLIE A. DALEY EVA K. REED JESSICA E. DALRYMPLE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK A. RIEBEL ALAWAH C. DAVIS TO THE GRADE INDICATED IN THE UNITED STATES NAVY REBECCA L. ROOT ADA C. DEE UNDER TITLE 10, U.S.C., SECTION 624: HEATHER L. ROSATI WILBERT C. DIXON III To be lieutenant commander ROBERT A. RUSSELL BRIAN C. DUENAS VAHE L. SARKISSIAN ERIC E. DUNBAR SCOTT E. ADAMS JESSE J. SCHMIDT PHYLLIS J. A. DYKES PATRICK D. AMUNDSON LEE W. SCIARINI DANNY J. EASON, JR. LAURA A. ANDERSON GARY L. SEARS ALESHA K. EGTS ANJA D. ANLIKER BRENDA L. SHARPE APRIL L. EHRHARDT ZACHARY J. ARMSTRONG ADAM J. SHARRITS NICHOLAS W. EIGHMY CARNELL P. AURELIO RYAN L. SHEPPARD DARCEY L. R. ENDICOTT JATAN BASTOLA MATTHEW R. SHIPMAN YVES H. EYIKE JOHN R. BING TARA M. SMALLIDGE COREY M. FANCHER STEPHEN T. BLONSKI RYAN W. SMITH SARAH E. FARIS BERT R. BRATTON, JR. GEORGE T. STEGEMAN, JR. JESSICA M. FERRARO ANDREA K. BUCK ROBERT C. SUMMERS TRAVIS J. FITZPATRICK ANTHONY M. CASTLEBERRY JOSHUA M. SWIFT JEAN A. FORTUNATO JENNIFER L. CHARLTON BRENT A. SZYCHULDA ROBERT H. FOWLER III LISA CHEN BLAKE V. TOWNS CLEMENT FRANCIS PHILIP F. CLARK, JR. MARION G. VANZIE JENNIFER T. FRANCIS KATHRYN M. DAMORE DAWN B. WALKER KEITH J. FREEMAN MICHAEL P. DAUSEN CHRISTOPHER WASHINGTON JOHN D. GARDNER ELDRIDGE L. DAVIS BRADLEY S. WELLS LEEYANNA M. GERBICH JAMMIE L. DOWNER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CARLA J. GRAHAM BRADFORD L. EDENFIELD TO THE GRADE INDICATED IN THE UNITED STATES NAVY STACIE B. GROVES JEFFREY J. EOM UNDER TITLE 10, U.S.C., SECTION 624: JONATHAN D. HAMRICK GARRY K. FERGUSON

VerDate Sep 11 2014 04:32 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00065 Fmt 4624 Sfmt 9801 E:\CR\FM\A08SE6.038 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S5486 CONGRESSIONAL RECORD — SENATE September 8, 2016

ANDREW W. FOURSHA JOEL R. DEGRAEVE ANDREW M. TAKACH PAUL D. FUERY CONRAD T. DELANEY GEORGE C. TOMALA JOSE A. GALVAO CHRISTOPHER N. EARLEY JOSHUA A. TURNER JARED A. GIBSON JOSHUA R. EARLS IAN H. UNDERWOOD CASEY J. GILLETTE KEN R. ESPINOSA MICHAEL A. WARREN RAYFIELD N. GOLDEN ROBERT D. FASNACHT JEFFREY J. WATSON JASON E. HARNISH CHAD O. HAMILTON CHRISTOPHER J. WIDHALM DAVID W. HILL DIANE M. HAMPTON ANTHONY L. WILLIAMS TIMOTHY M. HILL GREGORY R. HAZLETT ANDREW P. WINCKLER ADAM G. HILLIARD JAMES P. HOGAN SHANNON L. WRIGHT WESLEY P. HITT CLAYTON D. JONES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT EUGENE K. J. HO MICHAEL S. KENNEDY TO THE GRADE INDICATED IN THE UNITED STATES NAVY THOMAS D. HOUSE TAE H. KIM UNDER TITLE 10, U.S.C., SECTION 624: FRANKLIN J. JENSEN, JR. DIEGO H. LONDONO KYLE A. JOHNSON SCOTT P. MASON To be lieutenant commander JAMES W. JONES DANIEL J. MCGRATH PAUL J. KLOEPPING DAVID S. PAHS DENNIS L. LANG, JR. ANDREW J. KRANTZ JEFFREY A. PERRY YASMIRA LEFFAKIS JOSHUA L. G. LANGHORNE MATTHEW A. PICKERING THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHRISTOPHER M. LEBEL JAMES C. RAGAIN III IN THE GRADE INDICATED IN THE REGULAR NAVY JOSHUA D. LONGWORTH JOSEPH L. ROACH UNDER TITLE 10, U.S.C., SECTION 531: MATTHEW M. LORGE ARTHUR J. ROBBINS II DANIEL MALDONADO III JAMES M. RUTAN To be lieutenant commander STEPHEN J. MANNILA MARK A. TORRES KAREN J. SANKESRITLAND CHRISTOPHER M. MASON STEPHEN E. VELTHUIS RUDY MASON CHRISTILENE WHALEN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHARLES E. MCCANDLESS GALE B. WHITE IN THE GRADES INDICATED IN THE REGULAR NAVY UNDER TITLE 10, U.S.C., SECTION 531: JAY T. MCFARLAND THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN W. G. MCNEIL TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be commander DAVID A. MEDICI UNDER TITLE 10, U.S.C., SECTION 624: TRAVIS M. MILLER MARK F. BIBEAU WILLIAM E. MORRISON To be lieutenant commander EDUARDO A. NICHOLLSCARVAJAL To be lieutenant commander PAUL I. AHN EDWARD P. NIXON JAMES G. ANGERMAN MATTHEW K. KOKKELER DAVID F. ODOM JOSHUA S. BETTIS JASON A. LAURION JOHN P. ODONNELL BRYAN J. BEYER JONATHAN P. PAGNUCCO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RICHARD E. BUECHEL BRANDON W. PALMER IN THE GRADE INDICATED IN THE REGULAR NAVY BRENDAN B. BUNN CARLISLE C. PENNYCOOKE UNDER TITLE 10, U.S.C., SECTION 531: MICHELLE S. B. CAPONIGRO SHANNON E. PERCIVAL NATHAN H. DEUNK To be lieutenant commander JESSE P. PETTY BENJAMIN R. DUNN JEFFREY M. PHILLIPS RANDALL L. MCATEE DOUGLASS G. FARRAR JASON L. REVITZER JOHN D. FRANK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JONATHAN R. RICHMOND BRIAN R. GATES TO THE GRADE INDICATED IN THE UNITED STATES NAVY PETER RIESTER ADAM J. GERLACH RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: STEPHEN C. RYAN JANNIRA L. GREGORY ALBERTO H. SABOGAL To be captain MARJORIE J. GRUBER WILLIAM E. SHIELDS DEREK B. HALL MARY E. B. SLY JOHN F. CAPACCHIONE JOHN H. HEATHERLY JOSEPH A. SMUTZ THE FOLLOWING NAMED OFFICER FOR APPOINTMENT KIRK W. HEUTEL AMPHAY SOUKSAVATDY TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRIAN A. HOLMES JAMIE J. STEFFENSMEIER UNDER TITLE 10, U.S.C., SECTION 624: SEAN R. HUGHES EDWIN J. STEVENS CHRISTOPHER E. JAMES DAVID J. STONECIPHER To be commander RUSSELL B. JARVIS TYHEEM SWEAT MARK S. JUSTISS STUART T. KIRKBY AARON T. THORNTON CODY W. KEESEE BENJAMIN D. THORNTON THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- HARRY Y. KIM MICHAEL S. TUDDENHAM MENT TO THE GRADE INDICATED IN THE REGULAR NAVY MATTHEW J. KING GILBERT P. UY UNDER TITLE 10, U.S.C., SECTION 531: DOUGLAS H. KNOTTS REMUIS D. WALLS JOHN D. KVANDAL To be lieutenant commander XIAO Y. WANG JOSHUA M. LEWIS DWANN E. WASHINGTON CARRIE M. MERCIER CHRISTOPHER J. MCDOWELL ANTHONIO R. WEATHERSPOON JAMIE R. MCFARLAND CHARMAINE R. YAP JACK D. MCLEOD f THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MATTHEW R. MILKOWSKI TO THE GRADE INDICATED IN THE UNITED STATES NAVY KENA K. MONTGOMERY CONFIRMATION UNDER TITLE 10, U.S.C., SECTION 624: JOSE D. MORA To be lieutenant commander NIGEL T. MORRISSEY Executive nomination confirmed by ANDREW G. MOYER RAYMOND B. ADKINS RAMA K. MUTYALA the Senate September 8, 2016: MICHAEL W. BEASLEY CHRISTOPHER J. OVER DEPARTMENT OF STATE JEREMY P. BLYTHE JONATHAN M. PILON STEPHEN B. BROWN BRADLEY J. ROBERTS PETER MICHAEL MCKINLEY, OF VIRGINIA, A CAREER STEPHEN B. CHAPMAN MARK Z. ROUSSEL MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF YOON J. CHOI JOHN V. RUGGIERO MINISTER–COUNSELOR, TO BE AMBASSADOR EXTRAOR- VITO M. CRECCA III DAVID N. SARE DINARY AND PLENIPOTENTIARY OF THE UNITED STATES DAVID A. DAIGLE HENDRIK A. SCHOEMAN, JR. OF AMERICA TO THE FEDERATIVE REPUBLIC OF BRAZIL.

VerDate Sep 11 2014 04:32 Sep 09, 2016 Jkt 059060 PO 00000 Frm 00066 Fmt 4624 Sfmt 9801 E:\CR\FM\A08SE6.040 S08SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE