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

Vol. 161 WASHINGTON, MONDAY, SEPTEMBER 21, 2015 No. 136 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, September 22, 2015, at 4 p.m. Senate MONDAY, SEPTEMBER 21, 2015

The Senate met at 2 p.m. and was RECOGNITION OF THE MINORITY But yesterday I watched on ‘‘Meet called to order by the President pro LEADER the Press’’ as a Republican candidate tempore (Mr. HATCH). The PRESIDING OFFICER (Mr. COT- for President of the United States deni- TON). The Democratic leader is recog- grated Kareem Khan and all Muslim f nized. Americans. Ben Carson questioned f Muslim Americans’ devotion to the PRAYER United States. He questioned their in- ANTI-MUSLIM RHETORIC AND tegrity, and then Ben Carson unilater- The Chaplain, Dr. Barry C. Black, of- GOVERNMENT FUNDING ally disqualified every Muslim in fered the following prayer: Mr. REID. Mr. President, at this America from becoming the President Let us pray. great cemetery we call Arlington, of the United States. Sovereign God, teach us to live in there is a white headstone, which, like Shame on Dr. Carson. Shame on any and for Your peace. As our Senators so many others, marks the final rest- person that spews such hateful rhet- permit Your peace to govern their ing place of a courageous servicemem- oric. In America today, there are more hearts, may they make decisions that ber who gave his life in combat. The than 3 million Muslims. They are part honor You. Remind them that true grave belongs to a man by the name of of the fabric of America. They teach in spirituality is more than believing the Kareem Khan. He was from New Jer- our schools, and they fight for our right things or performing good deeds. sey. He was only 20 years old. He was a military. They serve in Congress. Con- Muslim. Help them to see that true religion gressmen KEITH ELLISON of Minnesota Kareem’s rank was that of a spe- consists of having a relationship with and ANDRE´ CARSON of Indiana, both cialist in the Stryker Brigade of the You characterized by righteousness, Muslim, represent their districts in U.S. Army’s 2nd Infantry Division. By peace, and joy in the Holy Spirit. States with distinction. all accounts, this young man was a ter- Lord, help us this day to receive from rific soldier. He had a Purple Heart and I was proud to have both of these You the gift of Your love, permitting was awarded the Bronze Star and a young men come and campaign for me You to fill our lives with joy. Inspired medal for good conduct. Remember, he throughout Nevada. Sadly, though, Dr. by Your Spirit, help us to refrain from was barely 20 years of age. His career Carson’s remarks are just another ex- evil and to have a deep longing to do in the Army would have been much ample of Republican candidates refus- Your will on Earth even as it is done in more significant, but he gave the ulti- ing to speak for 3 million Muslim Heaven. mate, his life. Americans. We saw it last week with We pray in Your mighty Name. Here is what happened. This tragedy Donald Trump, as he refused to de- Amen. struck on August 6, 2007, as Kareem nounce bigotry at his own campaign and three other soldiers were checking rally. If these Republican candidates f abandoned Iraqi houses for explosives. are incapable of going to bat for Amer- In one house they went into, there was ica’s Muslim community, then they a hidden bomb that exploded that should not be running for President of PLEDGE OF ALLEGIANCE killed all four of them. Like thousands the United States. I call upon every The President pro tempore led the of other soldiers in Iraq and Afghani- Republican to denounce Dr. Carson’s Pledge of Allegiance, as follows: stan, Kareem sacrificed everything for disgusting remarks. That shameful in- I pledge allegiance to the Flag of the his country. He gave, as President tolerance and bigotry have no place in United States of America, and to the Repub- Abraham Lincoln said, ‘‘the last full America today. Sadly, it seems to have lic for which it stands, one nation under God, measure of devotion’’ for the United a lasting place in the Republican indivisible, with liberty and justice for all. States. Party.

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

S6821

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VerDate Sep 11 2014 23:40 Sep 21, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0637 Sfmt 0634 E:\CR\FM\A21SE6.000 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6822 CONGRESSIONAL RECORD — SENATE September 21, 2015 Republicans should open their eyes expect from the Republican leader and The overcriminalization problem and take note of the contributions of his party for the remaining 15 months manifests itself in a variety of ways. our country’s Muslim community. of this Congress. First is through the sheer number of Until they do that, none of them will Will the Chair announce the business Federal crimes. There are now nearly be worthy of leading this Nation. of the day. 5,000 criminal statutes scattered in the In a little more than a week, our gov- f U.S. Code. But statutes are only part of ernment runs out of money. We have the story. In addition, there are an es- precious little time. The Senate will be RESERVATION OF LEADER TIME timated 300,000 criminal regulatory of- in session for 3, possibly 4 days this The PRESIDING OFFICER. Under fenses buried in the 80,000-page Code of week and another 3 days next week. the previous order, the leadership time Federal Regulations—300,000. If the ad- The House of Representatives is not in is reserved. ministration promulgated one criminal session today, tomorrow or Wednesday. f regulation per day—that is, if it cre- Yet it seems that the Republicans are ated one new crime each day—it would simply ignoring or are in complete de- PAIN-CAPABLE UNBORN CHILD take 822 years to create that many nial of any fiscal crisis that is coming PROTECTION ACT—MOTION TO criminal regulations. at year’s end. PROCEED The entire Code of Hammurabi was Instead of coming to grips with the The PRESIDING OFFICER. Under only 282 laws. Our current Federal reality of the situation and working the previous order, the Senate will re- criminal code—statutes and regula- with Democrats to avoid a government sume consideration of the motion to tions together—is over 1,000 times that shutdown, the Republicans seem more proceed to H.R. 36, which the clerk will size. I am not saying Hammurabi interested in political theater. Keeping report. should be our model in many things, with this show-vote craze, the Repub- The senior assistant legislative clerk but surely 300,000-plus Federal crimes lican leader and the Speaker—the Re- read as follows: is overkill. If Hammurabi could govern publican leader over here and the Motion to proceed to Calendar No. 230, ancient Mesopotamia with fewer than Speaker on the other side of the Cap- H.R. 36, a bill to amend title 18, United 300 laws, surely we can make do with itol—are doing things that are really States Code, to protect pain-capable unborn less than 300,000. hard to comprehend. children, and for other purposes. It is not just the sheer number of For example, over here there is going The PRESIDING OFFICER. The Sen- crimes. Overcriminalization also mani- to be a forced vote tomorrow morning ator from Utah. fests itself through the creation of ar- on cloture on a motion to proceed to a CRIMINAL JUSTICE REFORM cane, obscure, and, frankly, ridiculous 20-week abortion ban. The 20-week bill Mr. HATCH. Mr. President, I rise crimes. For example, under Federal is just a way for Senator MCCONNELL to today to address the topic of criminal law it is a crime punishable by up to 6 pander to extremists in his party who justice reform. There has been a lot of months in prison to use the 4–H Club are once again holding government discussion in Congress recently on this logo without authorization. hostage so they can attack the health subject. Nearly all of the conversation It is also a Federal crime, again pun- ishable for up to 6 months in prison, to of women. This legislation is going no- has focused on sentencing. Various pro- walk a dog in a Federal park area on a where. The Republican leader knows posals have been introduced to cut leash that is longer than 6 feet. Why on this. Every Senator here knows this. prison sentences, augment judges’ abil- Earth do either of these actions need to The bill is just another box to check ity to sentence below statutory mini- be Federal crimes? I do not dispute for the Republican leader and his Sen- mums or allow prisoners to earn early that really long dog leashes can be an- ators. It is pretense to prove their ex- release for good behavior. noying. I can understand why the 4–H treme conservative credentials. It is all A number of my colleagues on the Club would not want pretenders roam- about political gamesmanship. Senate Judiciary Committee have been It comes at the expense of America’s ing around claiming to serve the heads, meeting behind closed doors for women’s health. Think about all the hearts, hands, and health of youth. But months to try to reach a compromise— ways the Republicans have attacked these are not the proper subjects for a compromise that incorporates ele- women in this Congress. Republicans criminal penalties. Whatever crises ments of these various proposals. I rise have manipulated a bill to help victims exist with overlong dog leashes or im- today to address the broader param- of human trafficking and turned it in- poster 4–H clubs can be dealt with eters of criminal justice reform and to stead into a political football by at- through civil means. remind my colleagues that sentencing taching ideological abortion riders. The problem with such obscure and Again, Republicans tried and are con- reform is only one piece of the broader esoteric crimes—aside from the sheer tinuing to try to cut off funds for a effort that has been underway for some embarrassment they should cause to critical safety net provider for time now in both houses of Congress. Congress and the promulgating agen- women—Planned Parenthood. It is not There are a number of other aspects cy—is that they criminalize conduct the first time they have done it. Now of criminal justice reform that merit that no reasonable person would know they are wasting time as the govern- our attention, foremost of which is the was illegal. Walking a dog on a 7-foot ment runs out of money in just a few need to ensure meaningful criminal in- leash is not inherently wrongful, nor is days, wasting it on the 20-week abor- tent requirements in our statutes and putting a 4–H Club logo on a sign. Even tion ban. Frankly, the American people regulations. Over the past several if common sense might suggest check- are tired of Republican’s obsession years, a unique coalition of Members ing with the 4–H Club before using its with attacking the health of women. and stakeholder groups from across the logo, no sane person would think it is a They are tired of the never-ending ideological spectrum have been work- crime to do so. wasteful votes orchestrated by the Re- ing together to address the problem of The upshot is there are who-knows- publican leader instead of meaningful overcriminalization. how-many crimes on the books that legislation. There is broad, bipartisan agreement the average person has no idea about But more than anything, Americans in many quarters that Congress has and that criminalize conduct no rea- are watching congressional Repub- criminalized too much conduct and sonable person would think is wrong. licans’ failure to govern. We are fast mandated overly harsh penalties for According to a recent book, the aver- approaching the year since Republicans too many crimes. Congress’s persistent age American unwittingly commits assumed control of both Houses of Con- recourse to criminal law as the answer three felonies per day. That should gress. What do they have to show for to today’s society ills has cost tax- deeply trouble all of us—and not be- it? Nothing. The few things that have payers millions of dollars and branded cause it suggests anything wrong with passed were things that would have as criminal conduct that may be un- the average American. passed easily last Congress, except witting or not even blameworthy. It We are a nation of laws. We are sup- they were filibustered by the Repub- has also resulted in thousands of Amer- posed to be guided by the rule of law. licans. icans losing their livelihoods or liberty Our criminal law—indeed, the very idea If this 20-week abortion ban bill is for reasons that, upon closer examina- that it is proper to brand some con- any indication, nothing is all we can tion, seem not entirely justified. duct, and some people, as criminal—is

VerDate Sep 11 2014 02:57 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.004 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 21, 2015 CONGRESSIONAL RECORD — SENATE S6823 predicated on the notion that individ- ful mens rea requirements. The need buyer he thought was a Native Alaskan uals know the law and are able to for strong mens rea protections, I be- but who turned out not to be. Authori- choose whether to follow it. If, as I lieve, is of particular concern and will ties charged Wade with violating the have suggested—and as many scholars be the rest of the focus of my remarks. Marine Mammal Protection Act, which agree—we live in a country where ‘‘Mens rea’’ is Latin for guilty mind. criminalizes the sale of sea otters to much otherwise benign conduct has The term expresses a time-honored, non-Native Alaskans. The fact that he been labeled criminal and where de- fundamental feature of our criminal thought the buyer was a Native Alas- cent, honorable citizens can become law that in order for an act to be a kan was irrelevant. Prosecutors had to criminals through no fault or intent of crime, the actor must have committed prove only that the buyer was not, in their own, then we have a problem on the act with malicious intent. The re- fact, a Native Alaskan. The absence of our hands. Our criminal laws should be quirement of a guilty mind protects in- the criminal intent requirement meant aimed at protecting our communities dividuals who unwittingly commit Wade could be convicted regardless of and keeping bad influences off our wrongful acts or who act without whether he knew what he was doing streets, not tripping up honest citizens. knowledge that what they are doing is was wrong. Wade pleaded guilty to a The third way the problem of over- wrong. felony charge and was ordered to pay a criminalization manifests itself is The person who mistakenly retrieves $1,000 fine. through the vague, duplicative, and the wrong coat from the coatroom does Second is Lawrence Lewis, a janitor even conflicting terms of many of our not become a thief merely because he at a retirement home who was charged criminal laws. Put simply, many of our took something that wasn’t his. Only if with criminally violating the Clean criminal laws are bad laws. They are he takes a coat knowing that it be- Water Act when he diverted backed-up poorly written, they sweep too broadly, longs to someone else has he com- sewage at the retirement home to a and they give too much power to over- mitted a criminal act, for only then storm drain. Lawrence thought the zealous prosecutors. has he acted with criminal intent. storm drain was connected to the city’s Consider the case of John Yates, who Similarly, a person enters land that he sewage system, but it turned out it was convicted of violating the so-called believes is public property but that in emptied into a creek that ultimately anti-shredding provision of the Sar- fact belongs to another person does not connected to the Potomac River, a pro- banes-Oxley Act. This extraordinarily thereby commit criminal trespassing. tected waterway. The Clean Water Act broad law, which Congress passed in Only if the person knows she is not le- required proof only that Lawrence di- the wake of the Enron scandal, pro- gally entitled to enter the property is verted the sewage into the storm drain. hibits the destruction of any ‘‘tangible she guilty of a criminal offense. It required no proof that he knew the In an era when our statute books and object’’ with intent to impede, obstruct drain connected to a creek that regulations overflow with criminal of- or influence a Federal investigation. emptied into the Potomac or that he fenses, mens rea protections are even Yates was not an Enron executive or knew he was violating the law. Law- more important. Many modern crimi- any sort of corporate executive, he was rence pleaded guilty and was sentenced a fisherman. His crime? Discarding a nal offenses, such as the dog-walking offense I mentioned earlier, involve to probation. small number of undersized fish from These and other examples dem- conduct that is not inherently wrong- his boat after a State inspector found onstrate the danger of missing or in- ful. Only a person who knows the de- him carrying fish slightly below the complete mens rea requirements. Even tails of such offenses—and knows they minimum legal size. Yates appealed his before we get to the point of sen- exist—would know that conduct in vio- conviction all the way to the Supreme tencing, the fact that people can be lation of the offenses is criminal. Court on the ground that the statute This is different from traditional swept up in the criminal justice system did not apply to his conduct. By a 5-to- crimes such as assault or theft, which and convicted for doing things they 4 vote the Court agreed. even a child knows is wrong. With thought were lawful is deeply trou- In a remarkable move, the dissenting 300,000-plus Federal crimes on the bling. Any sentence they receive for Justices, who had voted to sustain books, you can be sure the vast major- their purported crimes is unfair be- Yates’s conviction, heaped scorn on the ity are not traditional crimes that ev- cause they should not even have been anti-shredding statute. They called it a eryone knows are wrong but rather ob- charged criminally in the first place— ‘‘bad law—too broad and undifferen- scure provisions known only to a select or at the very least the government tiated, with too-high maximum pen- few in the bowels of the Federal bu- should have to prove criminal intent in alties.’’ Its vague terms and overly reaucracy. It doesn’t take 300,000 indi- order to convict. harsh penalties were ‘‘unfortunately vidual crimes to cover the categories of This is why it is important for my not an outlier, [but rather] an emblem conduct everyone knows is wrong. colleagues to keep in mind the full of a deeper pathology in the Federal Without adequate mens rea protec- scope of our overcriminalization prob- criminal code.’’ tions—that is, without the requirement lem. Sentencing is only one part of the These words should be a wake-up that a person knows his conduct was criminal justice process—an important call. For too long Congress has wrong or unlawful—everyday citizens part to be sure but only one part in a criminalized too much conduct and en- can be held criminally liable for con- very long process. acted overbroad statutes that sweep far duct that no reasonable person would That process begins in Washington, beyond the evils they are designed to know was wrong. This is not only un- where we in Congress decide what con- avoid. Surely, of all the categories of fair, it is immoral. No government that duct to criminalize and what the gov- law we pass in Congress, we should purports to safeguard the liberty and ernment must prove in order to con- take most care with criminal laws. rights of its people should have the vict. Among the most important Criminal laws empower the State to power to lock up individuals for con- choices we make when crafting a deprive citizens of liberty and precious, duct they did not know was wrong. criminal law is deciding what level of financial resources. They carry serious Only when a person has acted with a criminal intent the government must collateral consequences, including the guilty mind is it just, is it ethical to prove. Must the person know he or she loss of the right to vote, the right to brand that person a criminal and de- was acting unlawfully? Is it enough own a firearm, the ability to hold cer- prive him of liberty. that the person intended the wrongful tain jobs, and they permit the State to Unfortunately, many of our current act or is it enough merely that he or brand citizens with that most repug- criminal laws and regulations contain she knew their actions would produce a nant of all titles—criminal. There is inadequate mens rea requirements or certain result? The answers to these simply no excuse for sloppily drafted, even no mens rea requirement at all. questions determine whether the per- slapdash criminal laws. Too much is at Far too often, such laws leave people son even committed a crime in the first stake. vulnerable to prosecution for conduct place, separate and apart from what Related to the problem of poor they thought was lawful. Consider two the felony should be if he is convicted. draftmanship is the fourth way the examples. As one expert has written, ‘‘While overcriminalization problem manifests The first is Wade Martin, an Alaskan sentencing reform addresses how long itself, through the absence of meaning- fisherman who sold 10 sea otters to a people should serve once convicted,

VerDate Sep 11 2014 23:40 Sep 21, 2015 Jkt 049060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.006 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6824 CONGRESSIONAL RECORD — SENATE September 21, 2015 mens rea reform addresses those who protect individuals from being con- constitutional. Now that is a direct never should have been convicted in victed for conduct they did not know case in point from one circuit. The the first place: people who engaged in was wrong. Ninth Circuit said the law conflicted conduct without any knowledge of or I look forward to working with my with a long line of Supreme Court intent to violate the law and [conduct] colleagues on this important legisla- cases that found bans on women’s right that they could not reasonably have tion and urge all of them to give it to abortion prior to viability as uncon- anticipated would violate a criminal their support. Any deal on sentencing stitutional. law.’’ Surely we can all agree that a and any package of criminal justice re- In that case, Arizona admitted that a person should not be branded a crimi- form must include provisions to shore fetus at 20 weeks was not viable. A con- nal and locked up for doing something up mens rea protections. In fact, I servative judge on the Ninth Circuit, they did not know was wrong. question whether a sentencing reform Andrew Kleinfeld, said he was ‘‘com- Unsurprisingly then, from the incep- package that does not include mens rea pelled’’ to strike down the Arizona law tion of the anti-overcriminalization reform would be worth it, and I am not based on existing precedent. The Su- movement, ensuring that criminal laws alone. Many members of the over- preme Court subsequently denied Ari- have adequate mens rea protections criminalization coalition—members zona’s petition to hear the case. has been a bipartisan priority. During who helped lay the key intellectual and Other State laws banning abortions at 20 weeks or earlier have also been the hearings of the House Over- political groundwork for the negotia- struck down on these grounds. For ex- criminalization Task Force, Chairman tions now underway—believe strongly ample, Idaho’s 20-week ban was struck SENSENBRENNER declared that ‘‘[t]he that any criminal justice reform bill down by the courts. The opinion in lack of an adequate intent requirement that passes this body must include that case stated that the Idaho law was in the Federal code is one of the most mens rea reform. I agree. There can be pressing problems facing this Task ‘‘directly contrary to the court’s hold- no more important work that we do ing in Casey that a woman has the Force. . . . ’’ Ranking Member BOBBY here in Congress than ensuring that right to ‘choose to have an abortion be- SCOTT similarly warned that without honest, hardworking Americans are fore viability and obtain it without adequate mens rea protections ‘‘honest not unjustly imprisoned. undue interference from the State.’ ’’ citizens are at risk of being victimized Mr. President, I suggest the absence The court’s rulings have been in- and criminalized by poorly crafted leg- of a quorum. formed by medical experts, and med- islation and overzealous prosecutors.’’ The PRESIDING OFFICER. The ical experts have said repeatedly that a Representative CONYERS said that clerk will call the roll. fetus is not viable at 20 weeks. Let me ‘‘when good people find themselves The senior assistant legislative clerk give you a good example. Dr. Hal Law- confronted with accusations of vio- proceeded to call the roll. rence, the chief executive officer of the lating regulations that are vague, ad- Mrs. FEINSTEIN. Mr. President, I American Congress of Obstetricians dress seemingly innocent behavior, and ask unanimous consent that the order and Gynecologists, recently addressed lack adequate mens rea, fundamental for the quorum call be rescinded. this issue, and I would like to read a principles of fairness and due process The PRESIDING OFFICER. Without portion of his remarks: are undermined.’’ objection, it is so ordered. The 20-week mark is just not notable from But in the Senate there has been a Mrs. FEINSTEIN. Mr. President, I a fetal development standpoint. More than 40 notable absence of discussion about come to the floor to express my strong years ago, the Supreme Court stipulated mens rea and the need for robust mens opposition to the bill we are going to that abortion is legal until a fetus is viable. rea protections. There has been a lot of be voting on tomorrow morning, and Well, in no way, shape, or form is a 20-week talk about sentencing but little about that is a bill to limit women’s choice fetus viable. mens rea. It is time to change that. by banning abortions after 20 weeks of Now, this is a medical OB/GYN, who For the past several months, I have pregnancy. I would like to make sev- is head of the association speaking. been working on legislation to address eral points today: Why the bill is un- Continuing to quote him: the deficiencies in mens rea require- constitutional, the truth about late- There is no evidence anywhere of a 20-week ments in existing statutes. My bill term abortions, the bill’s rape certifi- fetus surviving, even with intensive medical would set a default mens rea require- cation requirements and the absence of care. Unfortunately, some advocates of abor- ment for all statutes that lack such a tion bans are pointing to a new study they a health exception, and, finally, how claim heralds 22 weeks as being the new requirement. It would ensure that this debate is much more than this one point of viability. They suggest that we courts and creative prosecutors do not bill. might someday reach viability at 20 weeks. take the absence of an express criminal Let me be clear, Mr. President. This It is essential that we address that now, be- intent standard to mean the govern- bill is just one part of a sustained as- fore this becomes another myth about abor- ment could convict without any proof sault on a woman’s access to health tion that is accepted as reality. of a guilty mind. My bill would also care and her right to make decisions The doctor goes on to say: clarify that when a statute identifies a for herself and her family. First, this new study was not conducted to mens rea standard but does not specify First, this bill is unconstitutional. add fuel to the fire of abortion rights oppo- which elements of the crime that Similar State laws banning abortion at nents. It was intended to help give OB–GYNs standard applies to, the standard iden- 20 weeks have been struck down by the and neonatologists improved understanding of the challenges and opportunities associ- tified applies to all elements of the courts. The Supreme Court in the con- ated with early premature delivery. Second, crime unless a contrary purpose plain- trolling opinion in Planned Parenthood even in this study, survival at 22 weeks was ly appears in the text of the statute. v. Casey, 1992, stated: only 5 percent overall. This is why the med- My bill would not mandate a par- The woman’s right to terminate her preg- ical community refers to the ‘‘threshold of ticular mens rea standard for all nancy before viability is the most central viability,’’ because there is no point at which crimes, nor would it override existing principle of Roe v. Wade. It is a rule of law viability is clearly established. Even among standards set forth in statutes. All it and a component of liberty we cannot re- babies that receive intensive medical care, would do is set a default for when Con- nounce. survival only reached 23 percent, and most of those babies had moderate to severe neuro- gress has failed to specify the criminal Viability refers to the point at which logical impairment. Importantly, this study intent required for conviction. Con- a fetus could survive outside the womb. only looked at babies without fetal anoma- gress would remain free, however, The Supreme Court’s 2007 decision in lies, which surely would have lowered the whenever it wanted to specify a dif- Gonzales v. Carhart summarizes that survival rates even more. ferent mens rea standard for a statute, portion of the Casey decision stating, Bottom line: A ban on abortion be- replacing the default with its own cho- ‘‘Before viability, a State may not pro- fore viability, which is exactly what sen standard. The default would oper- hibit a woman from making the ulti- this bill represents, is unconstitu- ate merely in the absence of congres- mate decision to terminate her preg- tional, and the courts have spoken on sional action. It would bring clarity, nancy.’’ the issue. ensure that Congress does not— In 2012, Arizona enacted a law prohib- Next, I would like to set the record through oversight—create crimes with- iting abortions after 20 weeks. The straight on the widespread misconcep- out any mens rea requirement, and Ninth Circuit found that statute un- tions about late-term abortions. First,

VerDate Sep 11 2014 23:40 Sep 21, 2015 Jkt 049060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.008 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 21, 2015 CONGRESSIONAL RECORD — SENATE S6825 they are not usual. They are extraor- The Supreme Court’s 2000 decision in possible, bit by bit, piece by piece, for dinarily rare. Just 1 percent of abor- Stenberg v. Carhart reiterated this women to access safe, legal abortion tions occur after 20 weeks. Secondly, point. The decision quotes Casey and care. many of the pregnancies terminated other cases about the need for a health Take this latest attack on Planned after 20 weeks occur because something exception. It is true the Supreme Court Parenthood. The individuals who made has gone terribly wrong—the fetus has in Gonzalez v. Carhart in 2007 upheld a the highly edited videos spent years a fatal disease or the woman’s health is Federal ban on a particular abortion trying to befriend Planned Parenthood in danger. Let me give an example. procedure, a law many of us opposed, officials and obtain the footage—you Christy Zink, a mother of two here in but the Gonzalez decision still quotes can read about it on the front page of Washington, testified before Congress Casey and other cases about the need Politico today—and they are under in- against this bill. In 2009, after trying for a health exception, and it does not vestigation for possible criminal activ- for years to become pregnant, she and suggest that the government can com- ity. They used false identification to her husband were elated to be expect- pletely ban abortion after a particular represent a fake medical company. The ing a boy. Unfortunately, when Christy week of pregnancy without a health ex- videos were presented to the public as reached the 21st week of her preg- ception. unedited, but forensics experts at the nancy, the MRI revealed that her The bottom line: This bill would en- firm Fusion GPS tell us that is not the baby’s brain had not developed cor- danger women by banning abortion case. Content is missing and numerous rectly. One side of it was missing. even when necessary to protect the edits have been made to even the so- Everything up to that point looked mother’s health—and that is also un- called full footage videos. Many Mem- normal. The brain scan wasn’t capable constitutional. This is shocking be- bers of Congress have requested the full of detecting the problem any earlier. cause in no other circumstance would videos. These requests have gone, as Christy and her husband consulted the we restrict medical care until the pa- one might expect, unanswered. best doctors hoping there was some tient is at risk of death. In cases where The point is, a woman’s ability to treatment, but nothing could be done. the mother is bleeding severely or has make her own health care decisions is They were devastated. gone into septic shock, it could be too under sustained, unrelenting attacks, If Christy’s baby had made it to the late to save her or prevent serious in- most of them by men. Historically, it end of the pregnancy, according to her jury. has always been interesting to me to doctors, he would have been in terrible Another shocking provision of this see that some of the most vocal, the pain and likely died soon after birth. bill requires rape victims to provide most sustained voices, are male voices, Christy said, ‘‘The decision I made to certification from law enforcement and all women have asked is to be able have an abortion at almost 22 weeks that they have been raped, as well as to control their own reproductive sys- was made out of love and to spare my proof that they have attended coun- tem. son’s pain and suffering.’’ seling or received medical treatment. As a result, more than one in three Christy’s incredibly difficult story Just a few months ago I spoke on the American women lives in a county isn’t just an isolated example. There Senate floor in support of anti-human without a single health care provider are many fatal diseases that can’t be trafficking legislation. The bill was that offers abortion services. Today detected until later in a pregnancy, in- stalled because some of us wanted to these services are unavailable for mil- cluding one that causes the fetus’s or- ensure that trafficking victims had ac- lions of low-income women in the gans to develop outside of the body. cess to the medical services they need- country, just the way it was when I Another, called severe brittle bone dis- ed, including abortion. There seemed to was young, when we had to pass the ease, causes the fetus’s bones to break be agreement on both sides that a traf- plate at Stanford so women could go to inside the womb. ficking victim who has been raped re- Tijuana for an abortion, and many of Our own colleague, Congresswoman peatedly, imprisoned, and abused us felt she would kill herself if that JACKIE SPEIER from California, some- should be able to get the health care didn’t happen. one I know very well, shared her story she needs. Yet under the bill we are As a result of new restrictions, on the House floor in 2011. She termi- voting on, a 13-year-old sex trafficking women are once again turning to un- nated a much-wanted pregnancy at 17 victim—a rape victim—would not be el- safe methods, much as they did before weeks due to a medical complication. igible for an exception unless she gets Roe v. Wade. Women were forced into She said, ‘‘To suggest that somehow a note from law enforcement or a child unsafe conditions, often in back alleys. this is a procedure that is either wel- welfare agency. Some were permanently injured or comed or done cavalierly or done with- I just did a sex trafficking meeting in died. I am old enough to remember out any thought is preposterous.’’ Los Angeles with three district attor- those days. In the early 1960s, when I Congresswoman SPEIER is right. neys from big cities in California, as set sentences in California, as a mem- Making this personal medical decision well as the sheriff of L.A. County and ber of the California Women’s Board of is one of the most gut-wrenching deci- the chief of police. What they told me Terms and Parole, I set a sentence— sions a woman could make, and there is the average girl, sex-trafficked, is which the State had determined the is no good option. But these decisions between the ages of 12 to 14. So this sentence law at the time for abortion need to be made by women, in con- isn’t some outrageously small example. was 6 months to 10 years. I remember sultation with their doctors and their Let’s say the victim is 12 to 14. She has interviewing the woman when she families, not by politicians. Every situ- been traumatized, she has been emo- came back. I remember her name. I ation is different, and we shouldn’t pre- tionally and physically abused. Sup- said to her: Anita, why did you do this tend to stand in a woman’s shoes and posing she was one of those in Oakland, again? You should know better. She make these choices for them. We where she was handcuffed at night and said to me: Because people are so com- shouldn’t make a difficult decision stripped naked and then worked the pelling, and I felt so sorry for these even harder. streets during the day. She may not be women. That is what this leads to. Next, I wish to discuss the fact that ready or even able to go to the police. That is what this leads to. this bill has no exception for the health She wouldn’t qualify for a rape excep- In 2013, Bloomberg News reported on of the mother. Only when a mother’s tion under this bill. That is just ter- the increasing number of women in health deteriorates to the point that rible. My Republican colleagues would Texas buying pills on the black market she could die does it allow an excep- force her to endure the pregnancy—the to induce abortion. One woman inter- tion. This is unconstitutional as well. result of rape—because she didn’t have viewed, a mother of four, was on her The Supreme Court’s controlling opin- the right paperwork. way to buy these pills at a flea market. ion in Planned Parenthood v. Casey Finally, I wish to talk about why it She said: said that even after viability, the gov- is important to view this bill in the You’d be amazed at how many people, ernment may restrict abortion ‘‘except broader context of efforts to dismantle young people, are taking those pills. I prob- where it is necessary, in appropriate women’s access to health care and ban ably know 12 to 20 people who have done this. medical judgment, for the preservation abortion outright. Anti-choice groups My cousin just went to the flea market a few of the life or health of the mother.’’ have been trying to make it as hard as months ago.

VerDate Sep 11 2014 23:40 Sep 21, 2015 Jkt 049060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.009 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6826 CONGRESSIONAL RECORD — SENATE September 21, 2015 That is the result of actions like this. through experience the blessings of my serving of protection, especially by the When those of us who lived through first child. halfway point of the pregnancy. They pre-Roe recount the risks of returning My wife Anna gave birth to our very feel pain and they seek life. It is par- to the way things were, we truly are own little angel Gabriel almost 5 ticularly heartbreaking that such ba- not exaggerating. Restricting access to months ago. Since then, Gabriel has bies are killed in our country. safe, legal abortion doesn’t reduce joined me on this very floor, at this By some estimates, 10,000 babies 20 abortions; it makes women desperate, very desk. Many of you have met our weeks or older are aborted each year. it increases health risks, and can lead little man and happily agree that he By this point most Americans have to death. appears to take after his mother. seen the gruesome videos of Planned At the same time women are facing Gabriel has been a part of our family Parenthood officials callously dis- these attacks on access to health care from the beginning, long before he was cussing the dismemberment of babies and the ability to make health care de- born. I remember when Anna and I first to harvest and sell their organs. They cisions, there is also an effort under- discovered she was pregnant. We were cavalierly talk about using ‘‘less way to cut programs that help new so excited, yet like so many new par- crunchy procedures’’ to preserve the mothers and their children. Nearly 15 ents, also apprehensive for his health organs, subjecting the baby to excru- million children in the United States and safety. Then 1 year ago this week, ciating pain and death for profit. live in poverty—15 million. That is less we had our first appointment with the This is a sad reality in America than $24,000 a year for a family of four, OB–GYN in Russellville. We couldn’t today. Just 2 miles from where I stand, and nearly half of these families don’t believe it when we heard his little just 5 blocks from the White House is have enough food to eat. There are heartbeat on the ultrasound at barely 9 an abortionist who advertises on his Web site for abortions without restric- more homeless children in this coun- weeks. Anna recalls that she almost tion up to 26 weeks—right up to the try—2.5 million, 500,000 of them in Cali- started crying, though I don’t recall an third trimester. It is far past the medi- fornia alone—than ever before. One in ‘‘almost’’ for either one of us. Just 4 cally accepted point of viability. Who five of these children actually lives in weeks later, as the first trimester con- knows how many other abortionists do my State. It is astonishing to me that cluded, we got one of those perfect ultrasound shots. We saw Gabriel in the same, just more discreetly. with all the talk about supporting chil- It is past time to end this barbaric profile lying on his back, hands near dren, Republicans continue to cut the practice and protect these innocent ba- his face, feet and legs kicked up in the very programs that support them. bies. Therefore, I strongly support the air. These are programs such as the Supple- Pain-Capable Unborn Child Protection mental Nutrition Assistance Program, We now know how much of his per- sonality and habits he had already de- Act and urge my fellow Senators to do Head Start, child care subsidies, Med- the same. This legislation would stop icaid, and housing assistance. veloped by that point because that po- sition is how we usually find him when the abortion of babies 20 weeks or House and Senate Republican budg- older, with certain reasonable and he wakes from his nap. Soon after, he ets have proposed cutting $5 trillion widely supported exceptions. began to flip around, kick and hiccup, from nondefense spending, which in- I understand that abortion provokes cludes programs to help low-income which he also likes to do to this day. strong feelings on both sides of the families. These attacks on vulnerable All of these things happened before the question. I acknowledge that reason- families must stop. halfway point in Anna’s pregnancy, be- able people of good will disagree about In conclusion, the bill we are consid- fore Gabriel reached 20 weeks. While he the wisdom and morality of early first- ering today is unconstitutional, and is precious and one of a kind for us, it term abortions, but I am mystified as the highest Court of the land has found is quite normal for a typical baby, as to why we cannot come together and that so. It would trample on a woman’s expecting parents can tell you and as agree to protect babies who feel pain right to make her own medical deci- modern medical science can now docu- and who can survive outside of the sions. It would even force women to ment. womb. It is not just I and large majori- continue pregnancies in the most trag- While Anna carried Gabriel to term ties of the American people who feel ic of circumstances. But this bill is and he was born happy and healthy, this way; the civilized world over- only the start. many babies aren’t as lucky, but whelmingly rejects this kind of late- If the groups pushing this bill have thanks to the miracle of medical term abortion. Only seven countries their way, only the most privileged science, babies age just 20 weeks after allow elective abortion after 20 weeks, women in our country will have access fertilization can increasingly survive if including Communist dictatorships to safe, legal abortion. That is how it born at that extremely premature age. like China and North Korea, which also was before Roe v. Wade. I remember it A remarkable study published earlier inflict enforced abortion and steriliza- well. And the women of this Nation this year in the New England Journal tion on their people. By contrast, coun- will not stand to return to this time. of Medicine concluded that babies age tries to our left, like France and Ger- Not on this Senator’s watch. 20 to 22 weeks can survive with skilled many, heavily restrict or ban abortion I strongly urge a ‘‘no’’ vote. and proper, though not extraordinary, after the first trimester and so does I suggest the absence of a quorum. medical intervention and treatment. Belgium, home of the European Union. The PRESIDING OFFICER. The Likewise, advances in perinatology Even Russia bans elective abortion clerk will call the roll. have made fetal surgery more common after the first trimester. The senior assistant legislative clerk and successful, sometimes as early as Our abortion policy is one case where proceeded to call the roll. 16 weeks. we should be ashamed of our inter- Mr. COTTON. Madam President, I These breakthroughs can help cor- national isolation and follow Europe’s ask unanimous consent that the order rect or ameliorate certain fetal condi- lead in protecting innocent life. In our for the quorum call be rescinded. tions. Not only can 20-week-old babies country, founded as it is on the equal The PRESIDING OFFICER (Mrs. survive outside of the womb, but they rights of mankind and the unalienable ERNST). Without objection, it is so or- can also undergo successful surgery in- right of life, it is deeply disappointing dered. side the womb. It is common practice that the laws don’t protect those most Mr. COTTON. Madam President, over in these surgeries to administer anes- innocent lives among us, particularly the last year I have learned a lot about thesia, not just to the mother but spe- when medical science now has the abil- the magic of human life—from concep- cifically to the baby in utero to pre- ity to do so. These scientific advances, tion to growth in the mother’s womb, vent both from feeling pain. In other like life itself, are miracles. These days to childbirth, to newborn development. words, medical science increasingly it may seem like a miracle when a law This wasn’t a part of my legislative confirms the common experience of passes around here. If that is the case, work or my public duties. My newfound parents and the religious and ethical as a father, as an American, as a law- knowledge didn’t come from a course belief of the ages that an unborn baby maker, I think a miracle is called for of study reading scientific journals or is just as much a person as you, as I, as now if it ever was. consulting with medical experts; in- each of us, only more innocent, more The PRESIDING OFFICER. The Sen- stead, like many parents, I learned helpless and therefore even more de- ator from Tennessee.

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It is the tradition of extended country is boiling, the House of Rep- both political parties. debate—a tradition that when an issue resentatives is boiling. On the other In 1995, Republicans were elected ma- comes up, under the rules of this body, hand—as George Washington told jorities in both Houses of Congress. A we continue to talk, we continue to de- Thomas Jefferson—the Senate is the Democratic Senator proposed abol- bate until every Senator has had his or saucer into which hot tea is poured to ishing the filibuster. Even though this her say, at least enough of a say that 60 cool. The Senate’s tradition of ex- temporarily would have seemed to ben- Senators then say it is time to stop tended debate requires continuing de- efit Republicans, every single Repub- talking and start voting. bate until 60 Senators decide it is time lican voted no. House Republicans are Republicans who want to abolish the to stop discussing and time to start often frustrated because legislation filibuster in the Senate are, I would voting. That allows every Senator to that runs through the House like a suggest, Republicans with very short have a say. It encourages bipartisan freight train slows down or even grinds memories. The Senate’s 226-year tradi- consensus, which is the best way to to a halt in the Senate. But that was tion of extended debate was created for govern a large, complex country such the system of checks and balances that the purpose of protecting the minority as the United States of America. our Founders created, and sometimes from the tyranny of the majority. For When both parties agree on a solu- the shoe is on the other foot. the last 70 years, most of the time Re- tion to a controversial issue—such as This year, the Senate has passed im- publicans have been the minority need- the civil rights laws of the 1960s—the portant legislation on a 6-year highway ing that protection. country accepts the laws more easily. Since World War II, Democrats have bill which is still stalled in the House. When the laws are jammed through by Republicans and conservatives who are controlled the Presidency and both a partisan vote—as happened with Houses of Congress for 22 years; Repub- thinking about abolishing the fili- ObamaCare—the losers start the next buster should think some more about licans have had such complete control day trying to repeal the law and the for 6 years. Let me say that again. how ObamaCare became law. They country is plunged into confusion. should think about what it would be Since World War II, Democrats have There is one more serious problem like to live in the 25 States that now controlled the Presidency and both with the current proposals to use the have right-to-work laws if Democrats Houses of Congress for 22 years; Repub- so-called nuclear option to change the gained the Presidency and majorities licans have had such complete control Senate rules. Senate rules require 67 in Congress and abolished those right- for only 6 years. votes to change the rules. If Repub- to-work laws because there was no Sen- During those 22 years when the licans use the nuclear option, we would ate filibuster. Think about what might Democrats had complete control, with- be operating in the same lawless fash- out a Senate filibuster to protect the ion that the Democrats did in 2013, happen if Democrats again have com- minority, Democrats could have en- when they used a mere majority vote plete control and Congress dances to acted any law they wanted. To see to eliminate the filibuster for most the tune of the White House and the what can happen when Democrats have Presidential nominations. Republican minority might have no fil- complete control and Republican Sen- The Democrats’ action in 2013 made ibuster to protect itself and this coun- ators can’t filibuster, one has to look little difference in how the Senate ac- try from the tyranny of that Democrat back only to 2009 and 2010. Then, be- tually operates by custom. By custom, majority. cause there were 60 Democratic Sen- nominations have almost always been Madam President, I ask unanimous ators making a Republican filibuster decided by a majority vote, but the 2013 consent to have an editorial from this futile, the country got ObamaCare. use of the nuclear option set a dam- morning’s Wall Street Journal printed This is because the so-called filibuster aging precedent. As one dissenting in the RECORD. rule says that the Senate cannot vote Democratic Senator said, a Senate that There being no objection, the mate- on legislation until 60 of the 100 Sen- can change its rules any time it wants rial was ordered to be printed in the ators decide it is time to end the de- by majority vote is a Senate without RECORD, as follows: bate. When more than 40 Senators want any rules. [From the Wall Street Journal, Sept. 21, to continue debating and object to How then could the country’s chief 2015] moving to a vote, that is called a fili- rulemaking body earn respect for the EDITORIAL: REPUBLICAN FILIBUSTER buster. rules it makes for 320 million Ameri- BLOWING UP THE SENATE’S60-VOTE RULE WOULD Let’s look at the future, to the possi- cans if we don’t follow our own rules? GAIN NO POLICY VICTORY bility of a President Hillary Clinton, a Unlike nominations, the opportunity In the movie classic ‘‘Animal House,’’ the Democratic majority in both Houses, for extended debate on legislation has fraternity brother Otter reacts to the Delta and no Senate filibuster rule. My pre- existed since Thomas Jefferson wrote House’s closure with the line, ‘‘I think that diction is that at the top of the Demo- the Senate rules in 1789. this situation absolutely requires a really fu- cratic agenda would be a Federal law Of course, the current proposals to tile and stupid gesture be done on some- abolishing right-to-work laws in the 25 abolish the filibuster wouldn’t change body’s part.’’ To which Bluto replies, ‘‘We’re States that have them. This is pre- a thing in the Congress. President just the guys to do it.’’ The film ends by not- cisely what President Lyndon B. John- Obama could simply veto whatever he ing that Bluto becomes a Senator, so perhaps son tried to do in 1965 and 1966. Presi- this explains the growing frenzy to abolish wanted to. According to the U.S. Con- the filibuster. dent Johnson was not successful. What stitution, it takes 67 votes in the Sen- Conservatives are frustrated that Repub- stopped the President? A threatened ate to overturn a Presidential veto. licans lack the 60 votes necessary to end filibuster by the Senate Republican Now, it is true that Democrats and Senate debate and send bills to President leader Everett McKinley Dirksen. Republicans have used the filibuster Obama that disapprove the Iran nuclear deal You can make your own list of what too often. There absolutely should be and defund Planned Parenthood. Thus they else would be on the agenda if Demo- an up-or-down vote in this body on the want Majority Leader Mitch McConnell to crats had complete control and there President’s Iran agreement and on the break Senate rules midterm and exercise the were no Senate filibuster. I would pre- 12 appropriations bills that our com- ‘‘nuclear option’’ to pass legislation with a dict higher taxes, more gun control, mittee has completed work on and are simple majority instead of the current three- fewer abortion restrictions, making fifths requirement to end debate and allow a ready to come to the floor. All of them vote. every city a sanctuary city, card check are being blocked by Democratic fili- Conservatives also want some understand- instead of the secret ballot for union busters. able revenge for then Majority Leader Harry elections, and numerous other liberal To solve this problem, some suggest Reid’s 2013 decision to kill the filibuster for laws. eliminating the filibuster only in most executive nominees and appellate

VerDate Sep 11 2014 23:40 Sep 21, 2015 Jkt 049060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.013 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6828 CONGRESSIONAL RECORD — SENATE September 21, 2015 judges to pack the D.C. Circuit Court of Ap- This weekend in the Washington Post APPROPRIATIONS peals. The liberals who used to wail that the a woman bravely wrote about her need Mr. PERDUE. Madam President, I filibuster undermines democracy have sud- to end her pregnancy after the 20-week rise today to talk about why I am here, denly gone silent now that Democrats are mark. When Rebecca and her husband and really why all of us are here. We using the tool to obstruct conservative prior- ities. went in for a routine checkup, they re- are here to represent the people of our In a letter last week, 57 House Republicans ceived the tragic news that her preg- great States. We are here to do the peo- declared that some bills are ‘‘so consequen- nancy was no longer viable. After con- ple’s business and to be good stewards tial that they demand revisions to the Sen- sulting many physicians and special- of taxpayer dollars. ate’s procedures.’’ In a press conference, ists, Rebecca was left with an unten- We just finished an ongoing debate Kevin McCarthy, the House Majority Leader, able decision, but she was able to ac- about how Congress can direct and also endorsed the idea ‘‘to let the people cess all of her health care options and guide foreign policy in the United have a voice.’’ States. In doing so, we have seen the Presidential candidate John Kasich said get care that was right for her. Sunday that he favored ‘‘extreme measures,’’ This bill would severely limit the dangerous consequences of partisan including blowing up the filibuster. ‘‘Forget ability of women to access vital and politics right here on the Senate floor about the 60-vote rule,’’ fellow candidate necessary health care options. H.R. 36 and how that can affect this process. Scott Walker said at last week’s debate. contains few exceptions, and these ex- Just last week, 42 of my Democratic ‘‘Pass it with 51 votes, put it on the desk of ceptions are so burdensome that they colleagues supported President the President and go forward and actually may as well not be there. Obama’s dangerous nuclear deal with make a point. This is why people are upset I have met with providers who stand Iran while still having serious concerns with Washington.’’ on the frontlines of this choice debate. about its global ramifications. Maybe so, but surely Messrs. Walker and Despite threats lobbied at them every Kasich know that Mr. Obama will veto any- Now we must refocus our attention thing that emerges from Congress on day, they work hard to ensure that the on solving our fiscal crisis and tackling Planned Parenthood or Iran. Senate Repub- United States is a country where our skyrocketing national debt. State licans still wouldn’t have the 67 votes to women are fully empowered to make governments across the country set override a veto. So they’d achieve no policy decisions about their own health care. both funding levels and clear priorities victory. These physicians have seen the heart- for their States each year based on the In exchange, they’d end an important ache and agony women experience needs of their people and their local check on majoritarian control—an action making this difficult decision. Women communities. Washington has been dis- they may one day come to regret. Over the should not be subjected to medically years the filibuster has helped block numer- tracted from this for far too long. Bal- ous progressive priorities such as union card- unnecessary, financially taxing, and ancing the budget and efficiently allo- check, limits on political speech, and cap just plain cruel treatment at the be- cating resources is what Washington and trade. The filibuster also allows a minor- hest of some Republican lawmakers. has not done well for the last several ity to help shape legislation, not merely to If my colleagues truly wanted to im- years. Too many people here are pre- block it, and on balance the procedure has prove women’s health care, they would occupied by politics of the day when served the country well by moderating ex- fund title X programs, bolster the Ma- getting our fiscal house in order should treme proposals. ternal and Child Health Block Grant, always be the top priority. In other If Republicans do want to convert the Sen- and support the Affordable Care Act. ate into a high-end version of the House, words, Washington has stopped listen- where even a near-majority is powerless, We have no business attempting to ing to the American people. Well, I— then they should at least do so when they legislate a private, constitutionally and a few of us, including the Presiding can accomplish something significant with a protected right using unsubstantiated Officer—am indeed listening. The Republican President. The precise wrong science and hyperbole. In fact, numer- American people told us what they time is 14 months ahead of an election that ous courts have found similar laws by wanted in November of last year when may result in a new Democratic President States to be unconstitutional. We need and Senate majority under leader-in-waiting the Presiding Officer and I were elect- to move on from these votes for show ed. Georgians tell me repeatedly—even Chuck Schumer. and get back to the real work of the Now that Mr. Reid has cashiered the fili- now—what they want. They want less buster for nominees, we agree that Repub- Senate. I am calling this bill what it is: government. They want less spending. licans should follow that precedent the next An unnecessary, unwarranted, and They want us to push back against time there’s a GOP President. A GOP Senate likely unconstitutional intrusion into President Obama’s out-of-control majority should refuse to let Democrats fili- women’s private health care decisions. spending and Executive overreaches buster a conservative Supreme Court nomi- Meanwhile, time is running out to that are failing the working men and nee. But giving up the filibuster over policy reach an agreement to keep our gov- women of America. The bottom line is now would be a futile gesture that liberals ernment open, and we cannot afford an- they want us to deal with this debt cri- would exploit to expand government in the other shutdown. We need to pass a future. sis. clean continuing resolution to keep the Earlier this year, the Senate Budget Mr. ALEXANDER. I yield the floor. government going. I ask my colleagues The PRESIDING OFFICER. The Sen- Committee took a great first step by to join me in focusing on legislation to passing a balanced budget for the first ator from Hawaii. improve the lives of every single Amer- Ms. HIRONO. Madam President, I time since 2001. This budget outlined ican. We need legislation that in- rise today to speak about yet another our conservative principles and spend- creases access to education, promotes Republican attempt to limit women’s ing limits. This budget spends $7 tril- job growth, strengthens our national health care choices. lion less than the President’s budget Congress should be focused on fund- security, and keeps America vibrant. over the next 10 years. What it doesn’t I ask my colleagues to join me in ing the government and keeping our do is reduce the debt today or deal with voting no on cloture on H.R. 36. country open for business. Instead, we I yield the floor, and I suggest the ab- the over $100 trillion of future un- are wasting our limited legislative sence of a quorum. funded liabilities coming at us like a days on H.R. 36, a bill that will not The PRESIDING OFFICER. The freight train. It does balance in 10 pass, and therefore is just for show. clerk will call the roll. years, which is quite an achievement This bill is yet another example of a re- The senior assistant legislative clerk given what we had to work with, but lentless anti-woman agenda. Rather proceeded to call the roll. more can and must be done right now. than doing our jobs to keep important Mr. PERDUE. Madam President, I So I am going to continue my focus on government services funded, we are de- ask unanimous consent that the order cutting wasteful spending and reducing bating a 20-week abortion ban. for the quorum call be rescinded. Federal expenditures with the goal of The decision to end a pregnancy is a The PRESIDING OFFICER. Without developing a long-term plan to pay difficult one that involves many fac- objection, it is so ordered. down this out-of-control massive $18 tors. Each case is unique, and any deci- Mr. PERDUE. I ask unanimous con- trillion of Federal debt. sion made is a very private one. Ending sent to speak as in morning business In the last 6 years, we spent $211⁄2 a pregnancy after 20 weeks is ex- for 10 minutes. trillion funding our Federal Govern- tremely rare. It is often a medical ne- The PRESIDING OFFICER. Without ment. That is so large that it is hard to cessity. objection, it is so ordered. spend. What I can’t understand is of

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that $211⁄2 trillion, $8 trillion was bor- Madam President, I also wish to Recent gruesome videos describe the rowed. We simply cannot continue speak for just a moment on a bill that harvesting and selling of fetal organs going down this road. While one side is going to come up this week focusing and remind our Nation just how bar- wants tax increases, the other side on the unborn. I wish to say a few baric the abortion industry has be- wants spending cuts. In my experience, words today in support of the Pain-Ca- come. As a parent, and now a grand- neither alone will solve the equation in pable Unborn Child Protection Act of parent, I find it difficult to imagine its entirety. Growing our economy is which I am a proud cosponsor in the that something so horrific can happen the only real solution. Again, the budg- Senate. Simply put, this legislation in a country as compassionate as et is just the first step. We must put protects unborn babies from unimagi- America. our conservative principles into action nable pain. Our Nation must promote a culture and work through the regular appro- Every child is a blessing, and I am in- that values all life. We must protect priations process to determine how we credibly fortunate that God has blessed the innocent and the most vulnerable responsibly allocate Federal funds. my wife and me with two great boys among us, especially the unborn. The Senate Appropriations Com- and three grandsons. I will never forget We can protect unborn babies from mittee has put forward 12 appropria- the day we found out we were going to unimaginable pain. We can protect life. tions bills that adhere to the Repub- have our first child. It was life chang- That is why I support this legisla- lican budget and that reflect the prior- ing. When the doctor gave us the excit- tion. That is why I cosponsored it. I ities of the American people. Overall, ing news, we were overjoyed, but, at urge my colleagues to take it very seri- these bills are under the Budget Con- the same time, we were a bit over- ously. trol Act caps that were put in place by whelmed. We were young, like most I yield the floor. Congress in 2011 to control spending. parents. We were going to become par- I suggest the absence of a quorum. More importantly, they better ents. We were going to have a baby. The PRESIDING OFFICER. Will the prioritize taxpayer dollars to meet the There is a difference. Senator withhold his suggestion? goals of the American people. For ex- Like every expectant mother, my Mr. PERDUE. Yes. ample, these appropriation bills de- wife was glowing. She may not have I yield the floor. crease spending on ObamaCare and in- felt great and maybe didn’t think she The PRESIDING OFFICER. The Sen- crease spending for border security. was glowing, but I assure my col- ator from Rhode Island. They end the EPA’s waters of the leagues, she was. I will never forget Mr. WHITEHOUSE. Madam Presi- United States rule and stop the Obama seeing our baby on the ultrasound for dent, I thank the distinguished Senator administration’s onerous greenhouse the first time, or feeling him kick. from Georgia. gas regulations. They also prohibit the And, the day my first son was born, CLIMATE CHANGE NLRB from changing the rules of the holding him for the very first time was I rise today in my series of ‘‘Time to game, such as the ambush election rule one of the most incredible moments of Wake Up’’ speeches to bring attention and changing the joint-employer rela- my life. to two of God’s humblest but most use- tionship, in order to prevent negative When the doctor told us we were ful creatures. impacts to American workers and busi- going to have our second child, I was Here in the high political majesty of ness. concerned we couldn’t possibly love the Senate, it is easy to forget Mat- They subject the Consumer Financial this second child as much as we did the thew: ‘‘No man can serve two masters. Protection Bureau, or CFPB, to con- first, but, wow, how I was wrong. . . . Ye cannot serve God and gressional oversight and eliminate Later in life, my wife and I have been mammon.’’ hundreds of duplicative programs that blessed with three grandsons who are Who do we serve here? I submit it is have outlived their original mission. all great. There is no greater love than mammon, all day long, no doubt about The list goes on and on. that of a parent, although it can be ri- it. Mammon surrounds and submerges The fiscal year ends on September 30. valed by that of a grandparent. Believe us. We swim in its currents. This Sen- That is only a few days from now. We me, my three grandchildren know how ate of ours, this is ‘‘Mammon Hall.’’ must move forward and debate these 12 to tug at my heartstrings. How easy it is from our perch of appropriations bills that reflect Geor- My children and grandchildren are worldly power here in Mammon Hall to gia values and fulfill the promises we why I am here in the Senate, fighting overlook the humble, and what could all made to represent the American for them and others like them to have be humbler than God’s humblest people. a better future, for my fellow Geor- While we have already seen our gians, for them, and for all Americans. beasts? So, today, I want us to remem- Democratic colleagues block such de- We live in the most compassionate ber two: The bumblebee and the pter- bate on these important bills, I hope country in the world. We send food, opod. we can immediately restart this crit- clothing, and medicine all over the When was the last time any of us ical process and return to regular world to help save underprivileged chil- thought of the humble bumblebee? Not order. Certainly, a full and robust de- dren and families who are struggling to recently, I expect, and not often. We bate on all of these bills is necessary to find the basic things they need to sur- have important things to do. Who can ensure that our Federal Government vive. It is extremely troubling, there- be thinking about bumblebees? Yet, by continues to function without over- fore, that our country’s compassion for the millions, by God’s plan, these small spending. life is absent here at home. Only seven creatures spend their days out busily Now, I can tell my colleagues there countries in the world allow parents to pollinating the plants that yield the are some things I would like to change abort a baby after 5 months—only crops that turn into the food we hu- in these bills, but they ought to be de- seven. That is not a list America mans depend on to survive. bated. It ought to be debated in the should aspire to be a part of. The humble bumblebee does much open and not blocked by more partisan According to the Congressional Budg- more good in God’s natural realm than gridlock that we see here every day. I et Office, over 10,000 unborn babies 20 we humans do. On the spectrum be- hope the majority leader will continue weeks or older are killed in America tween givers and takers of this good to bring these bills to the floor and I every year. Imagine that for a moment. Earth’s blessings, we humans are way hope the objections of my Democratic Each year, more than 10,000 lives, who over on the taker end of the spectrum, colleagues will finally end, and let’s feel and react to pain, have their lives and the bumblebee—it is humble—but get to an open and honest debate. brutally taken from them. it is way over on the giver end. And the Georgians sent me to the Senate to In my view, this is a national dis- humble pteropod, how many of us even fight for them, and that is what I in- grace. It is absolutely unconscionable. know what it is? Not many in this Sen- tend to do. This is just a start. I will I cannot believe protecting life, espe- ate, I would bet. The pteropod is a not and I cannot stand by while Senate cially that of the unborn, is an actual winged snail that populates the ocean Democrats continue to block the Sen- subject of debate. One would think this in immense numbers. It is sometimes ate from doing the people’s work as would be an issue of unity, but debate called the sea butterfly because, over they did every day when they were in on this important legislation could not millenia, God’s evolution of these crea- charge. have come at a more urgent time. tures has turned their snail foot into

VerDate Sep 11 2014 00:44 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.015 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6830 CONGRESSIONAL RECORD — SENATE September 21, 2015 an oceanic wing. A cousin species is But if we don’t see that, the bum- We had better start listening to the called the sea angel. blebee and the pteropod do. Here is bumblebee and the pteropod, to the Like the bumblebee, the pteropod what is happening to them. coral polyp and the oyster spat, to the performs an unheralded service in A study in the peer-reviewed journal New Hampshire moose and the Idaho God’s natural realm. The pteropod is Science, published in early July, shows pine, to the Utah snowfall and the Cali- an essential link in the oceanic food that as temperatures warm, bumblebee fornia drought, to the measured carbon chain, supporting the whole great net- populations are retreating northward concentration of our only atmosphere work of trophic levels and species from the hottest part of their ranges as and the measured pH level of our only above it. they warm further and further. But oceans. These are gifts, and these gifts In what Pope Francis calls ‘‘the mys- here is the rub: The northern range for are all God’s creations, and their sig- terious network of relations between the bumblebees for some reason is not nals are all God’s voice. We ignore things’’—in that mysterious network expanding, which means the changing them in our arrogance, we ignore them of relations between things, the pter- climate is crushing bumblebee popu- in our folly, and we ignore them at our opod gives its life to transmit food en- lations in a climate vice. peril. ergy from the microscopic plants it ‘‘Bumblebee species across Europe It has already begun, as we careen eats, that would be no use to us, up to and North America are declining at into the next great extinction. As Pope the fish that consume the pteropod— continental scales,’’ warns study au- Francis wrote, ‘‘Because of us, thou- thor Dr. Jeremy Kerr of the University fish, which we, in turn, consume—all in sands of species will no longer give of Ottawa. ‘‘Our data suggest that cli- that great ‘‘mysterious network.’’ glory to God by their very existence, mate change plays a leading role, or Back here in Mammon Hall, many in- nor convey their message to us. We perhaps the leading role, in this terests can only appreciate nature in have no such right,’’ he said. trend.’’ monetary terms and can only value Indeed, we have no such right. The Carbon pollution from burning fossil things to the extent that they can be day the bumblebee and pteropod no fuels floods the atmosphere and causes monetized. They are the mercenary climate change. But about 25 percent of longer give glory to God by their very sort Pope John Paul II said ‘‘see no it actually enters the oceans, and existence will be a bleak and perilous other meaning in their natural envi- there, it acidifies the waters, souring day for humankind. In the meantime, ronment than what serves for imme- them for creatures such as the pter- we had better smarten up to the mes- diate use and consumption.’’ Or, as opod. sage they convey to us. If their mes- Pope Benedict said, think ‘‘everything Research led by NOAA scientists pub- sage, if the message of God’s crea- is simply our property and we use it for lished last year found that acidified tures—if that message of warning is ourselves alone.’’ They are the inter- water off our west coast is hitting the not God’s voice, then whose voice is it? ests who, as Pope Francis said, have pteropod especially hard. They found I challenge you. If the voice of God’s the attitude ‘‘of masters, consumers, ‘‘severe shell damage’’ on more than creatures to us in the way they lead ruthless exploiters, unable to set limits half of the pteropods they collected their lives and the way they are dying on their immediate needs.’’ According from Central California to the Cana- is not God’s voice, then whose voice is to them, if you can’t grab it and sell it, dian border. That was more than dou- it and what message does it convey? it has no value—not here in Mammon ble the expected rate. The pteropods As Pope Francis comes to this Con- Hall. are being eaten away by acidic water. gress this week, I hope we will listen to So, to them, let me say that the Oceanographer William Peterson, co- the voice of God as expressed through money-making salmon fishery depends author of the study, said, ‘‘We did not his humblest creatures and just for a in large part on the humble pteropod. expect to see pteropods being affected second turn off the noise from For them, let me say that our enor- to this extent in our coastal region for mammon that surrounds us. mous agribusiness enterprise depends several decades.’’ The pace and extent I yield the floor. on pollination by the humble bum- of ocean acidification that we are ob- The PRESIDING OFFICER. The Sen- blebee. serving now, that we are measuring ator from Alabama. In Mammon Hall here, we have actu- now, that we are driving now with our Mr. SESSIONS. I thank the Chair. ally gotten used to this kind of behav- carbon pollution, are nearly unprece- This Senator wants to take a few mo- ior. It no longer even seems deviant to dented in the geological record. The ments to talk about the Pain Capable us. It has become normalized, but in closest historical analogs, scientists Unborn Child Protection Act, which I our hearts we have to still know it is say, are the great extinctions, when think is a good piece of legislation. I not normal. It is wrong. marine creatures were wiped out en support it, and I hope my colleagues Pope Francis reminds us in his recent masse and ocean ecosystems took mil- will allow it to move forward. I think encyclical: ‘‘When nature is viewed lions of years to recover. when God speaks, maybe He would solely as a source of profit and gain,’’ John Kenneth Galbraith knew some- speak about that issue too. that is ‘‘[c]ompletely at odds with . . . thing about importance, and he said However, I really want to talk a lit- the ideals . . . proposed by Jesus.’’ this about importance: ‘‘The threat to tle bit more about where we are on the Completely at odds with the ideals men of great dignity, privilege, and funding of Planned Parenthood, the proposed by Jesus. pretense is . . . from accepting their two aspects of it. One is a large—hun- The Pope was blunt. He said: ‘‘Today, own myth.’’ That happens when that dreds of millions of dollars—appropria- . . . sin is manifest in . . . attacks on ‘‘great dignity, privilege, and pretense’’ tions that goes there through the Med- nature. . . . a sin against ourselves and become so great that we no longer feel icaid program, and another is $28 mil- a sin against God.’’ the need to listen—certainly not to lion that was directly appropriated last That is what the interests we traffic something as insignificant as a bum- year from the government to this with do all day long—no doubt about blebee, as humble as a pteropod. But Planned Parenthood agency. I call it it. remember why Jesus was so angry with an agency, but that is not really cor- The Pope has said that ‘‘our common the Pharisees. What was their sin? rect. It is a nongovernmental entity, a home is falling into serious disrepair. Their dignity, their privilege, and their nongovernmental activist group that . . . [T]hings are now reaching a break- pretense blinded them to how out of does some good things and some things ing point. . . . [H]umanity has dis- touch they were with the truth. I don’t think are good. appointed God’s expectations.’’ The So here we are in mammon hall, I think we ought to recognize that Earth herself, he said, ‘‘groans in trav- where powerful special interests court Congress has certain powers. It is very ail,’’ and we are leaving to our children us, gigantic corporations lobby us, and clear, I would submit, that a majority a world that, to use his words, ‘‘is be- billionaires pay us attention, and in- of the Members of the Senate and a ginning to look more and more like an deed they fund some of us. Presidents majority of the Members of the House immense pile of filth.’’ If we don’t see must deal with us. Truly, we are to- of Representatives do not want to fund that, it is because we see so poorly out- day’s Pharisees. But Jesus taught that this agency—certainly not as it has side our privileged bubble of consump- truth is among the things that are been funded in the past. What we have, tion. humble. as I understand it now, is at least $28

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All the members Not one dollar can be spent by the I think we should tell the President: of the committee argued about this, President, any of his Department Mr. President, you have your power. that, and the other, and we created a heads, or the U.S. military, unless Con- You can sign your agreement—not military bill which we think is a gress has appropriated the money. valid beyond your tenure—with Iran healthy bill and which had over- That is an ultimate power of Congress. even though we disagree with it. A sub- whelming bipartisan support. Almost At the end of this fiscal year—Sep- stantial majority of both Houses op- all of the appropriations bills that have tember 30—if Congress has not appro- poses it, but apparently, you have the come out of the committees have had priated money for the future, then it lawful authority to do so. But you bipartisan support, I think many of can’t be spent. That is why we have a don’t have the lawful authority to them unanimous, Republicans and so-called shutdown. If you don’t fund spend money on an entity—not even a Democrats—every one of them—sup- the whole government, it is blocked in government entity—that Congress porting them. We get along around some way and then the government chooses not to spend money on. This is here a lot better than people say. But can’t expend the money that has not our business. there are certain things Congress been appropriated by the elected rep- We are in a bad trend here of Con- should not cede. It should not cede to resentatives of the people of the United gress just capitulating in favor of the the Executive the power of the purse. States. Executive. By any historical standard, That is all I am saying. Let me just say it this way. I don’t I have never seen a more supine Con- At this point in time, we will be deal- believe the American people’s money gress. ing directly with the HHS grant pro- that has been extracted from them by So should we fund this program? I grams that are giving money to an en- the Internal Revenue Service and other say no. Don’t put it in there. And I tity that I don’t think should be fund- government extractors—I don’t believe think we should send a note to the ed. I am not voting to fund it. I think that money should be spent on any pro- President: that is a reasonable position. And I gram that is unhealthy or not wise. Dear Mr. President, we funded the think it would be extraordinary if the That is what we are all elected to do; is Defense Department, we funded Medi- President were to take the view that that not right? Fund programs that are care, we funded Medicaid, we funded he will not fund the Department of De- good, worthwhile, and that create other programs, hundreds of them, at fense and other programs of the gov- value for the American people, and not $1 trillion. That would be in this bill, ernment because of a disagreement fund the programs that we don’t think basically, around $1 trillion. That is a over this issue. are wise and create value, and advocate thousand billion dollars. But we have Indeed, colleagues, I believe the and promote principles we think are chosen to cut $28 million of one of the House has proposed legislation that healthy for the American culture, the programs we don’t think is good. Con- would have generous funding for wom- American people. We don’t have to gress doesn’t like it, and Congress en’s health. The money that would fund any program Congress decides not chose not to fund it. And somebody have gone to Planned Parenthood to fund. The power of the purse resides told us that you declared that if we do would instead go through a general in the Congress of the United States. A that, you are going to veto the entire plan of community health centers and majority of the Congress does not favor funding for the government of the other quasi-government entities that advancing funding for Planned Parent- United States, including the Defense serve women throughout the country. hood and certainly not the $28 million Department and all the other programs So I thank the Presiding Officer for that goes through the HHS grant-writ- that aid us, including the Environ- allowing me to say that. It is a matter ing process, so I suggest we don’t fund mental Protection Agency. You are we are going to have to wrestle with as it. That is what I think. Let’s not fund going to veto funding for those agen- a Congress. In the long run, I truly be- it. Why are we funding it? cies and blame the Congress and go on lieve Congress needs to fulfill its con- Well, we have to fund it, SESSIONS. to say Congress caused this. Wow. stitutional role, and that congressional You don’t understand. He is going to say that we who fund- role calls on it to evaluate every dollar What don’t I understand? ed the government and he who blocked spent by this government, to examine If it is not funded, you are shutting the funding for the government have a those programs that we think are valid down the government. disagreement over this amount of and fund them, and if they need more So if we do not provide the money for money, and as a result he is going to funding, to give them more funding a nongovernmental agency that we veto the funding for the government considering the debt situation the think is not spending the taxpayers’ and accuse the Republicans, who country is in and to not fund programs money wisely, we are shutting down passed the bill to fund the government, we do not think should be funded. the entire government of the United of shutting down the government. What other role do we have in the States? I suggest that is a ludicrous po- Now, some people are afraid of the Congress greater than that, the power sition, one that goes beyond any ra- President. of the purse. The President is not au- tionality, and I am prepared to say so. Oh, he always wins. The President al- thorized to demand Congress spend How did this happen? How could they ways wins, and Congress always loses. money on every program he desires, a say that? SESSIONS, don’t you understand? program that sells body parts and We are funding the government. We But the facts of the case matter. The other things of that nature that I do are passing a bill that funds all the situation matters. If we follow the not think is decent and good. So I am government agencies. It just doesn’t budget and we appropriate at a level not for funding it. fund this nongovernmental agency— for the Defense Department that the I yield the floor. the money they would like to have to President wants and Congress wants The PRESIDING OFFICER. The Sen- advance their agenda, which isn’t my and we do all these things, but we just ator from Minnesota. agenda, so I am not for funding it. I got choose not to fund this program, I Mr. FRANKEN. Madam President, I elected. don’t believe the President has the rise in strong opposition to continued How did this happen? moral authority, the political clout to attacks on women’s access to health Well, the President says he will veto tell the American people that the Con- care. Today, the Senate majority lead- the bill, and since Congress hasn’t gress shut down the government when er is attempting to advance a bill to passed any of the appropriations bills he vetoes the bill that will fund the ban abortion after 20 weeks. This is a in series like we should be doing, it is government. blatantly unconstitutional proposal going to be cobbled together in one So I just want to say that it is time that injects politics into a private and monumental matter, one monumental for this Congress to do its duty, and we deeply personal decision, one that omnibus bill or continuing resolution. should fund programs that need fund- should remain between a woman and The President is going to veto the en- ing and not fund programs that don’t her medical provider and her family.

VerDate Sep 11 2014 02:57 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.019 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6832 CONGRESSIONAL RECORD — SENATE September 21, 2015 This bill is the latest—but not the pain and heartbreak a family experi- The bill clerk proceeded to call the last, I know—in a serious of unrelent- ences when they are faced with the roll. ing attacks on safe and legal abortion kind of tragic news Danielle and Mr. CORNYN. Madam President, I in this country. It not only represents Christy received when they learned ask unanimous consent that the order a cynical affront to well-settled law, it something was wrong, but the idea that for the quorum call be rescinded. poses a serious threat to women’s Congress should insert itself into those The PRESIDING OFFICER. Without health. Let me tell you why. Nearly 43 moments and act to limit the difficult objection, it is so ordered. years ago, the U.S. Supreme Court held choices available to women and their Mr. CORNYN. Madam President, to- that the Constitution protects, as a families confronting unimaginable pain morrow this Chamber will vote on fundamental right, a woman’s ability and sorrow is unconscionable. something called the Pain-Capable Un- to decide whether and when to start a This bill ignores women like Danielle born Child Protection Act, legislation I family. This bill is plainly at odds with and Christy. It ignores the unique cir- have cosponsored, that would recognize that holding and plainly at odds with cumstances surrounding every wom- that a women has a legal right to have the Constitution, which is why Federal an’s pregnancy. Instead, it substitutes an abortion up to the point of 5 and State courts have found laws like the judgment of Congress for that of months’ gestation; that is, after 5 this one unconstitutional time and medical professionals, even going so far months’ gestation, an unborn child is time again, but our colleagues on the as to threaten doctors with a 5-year beginning to grow hair on their head, other side of the aisle are now pushing prison sentence for providing women their fingernails are growing. forward with this bill and doing it at with the care they need. By this time in development, moth- the expense of women who need med- Make no mistake, this is an extreme ers are beginning to feel the baby kick- ical care in the most desperate of cir- proposal. Unfortunately, it represents ing and moving for the very first time. cumstances. just the latest salvo in an unending In other words, this is the point at Bills like this one demonstrate a cal- campaign to make safe and legal abor- which the child literally becomes via- lous disregard for the risks women face tion virtually impossible to access. ble, becomes a human being, capable of during pregnancy—women like Since the 114th Congress was gaveled life outside of the mother. Obviously, a Danielle Deaver, from Nebraska, who into session, we have seen no fewer typical period of pregnancy is 40 weeks. went to the doctor in a desperate at- than 65 legislative attacks on the right So obviously we hope that in most tempt to save her pregnancy when her to choose. Just last month, the Senate cases a child will remain in the womb water broke at 22 weeks. Tests revealed voted on a measure that would have until it is fully developed. But the fact that Danielle’s amniotic fluid had rup- defunded Planned Parenthood, a health is, talk to any neonatologist, talk to tured, and her doctors explained that care provider that serves millions of any physician, they will tell you that the baby could not be expected to sur- Americans, including more than 54,000 at a point around 20 weeks, certainly 5 vive, but that was not all. The rupture people in my State of Minnesota. That months of gestation, you have no also put Danielle at risk, at risk of an legislation failed, but as the end of the longer a child dependent upon their infection that could jeopardize her fer- fiscal year approaches, some of my col- mother for life but somebody who can tility and her ability to have children leagues on the other side of the aisle— actually live independently. in the future. Together, Danielle and both in the House and in the Senate— Indeed, as many of us have done, go her husband made the heartbreaking have pledged not to support a spending into some of these nurseries, where decision to terminate her pregnancy, bill that continues funding for Planned they have literally babies who weigh 1 but because Danielle lived in a State Parenthood. They prefer to see the gov- pound or less, and see what medical with an abortion ban that made no ex- ernment shut down rather than allow a science is able to do to actually save ception for a woman’s health and had single penny to support the family the lives of these premature babies—in not been challenged in court, her doc- planning services, the cancer a way that will allow them to grow up tor was unable to help. Danielle en- screenings, and tests for sexually and be healthy and productive. It is dured 8 days of severe pain and infec- transmitted diseases that Planned Par- nothing less than a medical miracle. tion before delivering a daughter who enthood provides. But at 20 weeks of gestation, which is survived for just 15 minutes. My good friend from Alabama Sen- 5 months, an unborn child is without a Christy Zink of Washington, DC, was ator SESSIONS—and he is a good doubt a life—a life worth defending and 21 weeks pregnant when an examina- friend—suggested that we instead send worth protecting. This is something tion revealed that her pregnancy suf- that money to community health cen- that is commonly accepted around the fered from a severe fetal anomaly— ters. They do not have the staffing, world. I don’t know how many people meaning, effectively, that the entire they do not have the capacity to pro- realize that actually this legislation hemisphere of the brain was missing. vide these needed services for the mil- would bring the United States in line Christy and her husband consulted her lions of people Planned Parenthood with the developed countries around physician and other doctors in an at- serves. That is why the public does not the world. As a matter of fact, the tempt to save her much wanted preg- agree. According to a poll released last United States is just one of seven coun- nancy, but after hearing of a near in- week, more than 7 in 10 Americans op- tries worldwide that permit access to evitability that if delivered, their child pose shutting down the government to an elective abortion after 5 months of would not survive, she and her husband defund Planned Parenthood. gestation, and we are in some pretty ultimately made the very difficult per- One of the reasons the public does tough company. Right now we are in sonal decision to end her pregnancy. not buy into these tactics is they un- company with China, Vietnam, and The bill we are discussing today has derstand that access to reproductive North Korea. The United States, China, no exception for cases where a woman’s health services, including contracep- Vietnam, and North Korea basically pregnancy experiences a fetal anomaly. tion and abortion, has a powerful effect permit an abortion up until the time a If a ban like this were to become law, on the decisions women and their fami- child is born naturally. families like Christy’s would have no lies make every day, decisions about This bill is also important because it options. As a father of two grown chil- whether to start a job or how much a would significantly curtail the horri- dren, with one grandchild and another family can afford to save for college. fying practices depicted in the videos on the way, I know what it feels like to For the vast majority of Americans, we have seen of Planned Parenthood’s celebrate the news that your wife or this is not political; this is personal. It operations over the summer. I am sur- your daughter or daughter-in-law is is not a place for Congress to interfere. prised to see in the press that only pregnant, to accompany them to doc- I urge my colleagues to oppose legisla- about 49 percent of the American peo- tor’s visits and checkups, to look for- tion that would restrict the ability of ple have actually seen these videos be- ward to welcoming a child or grand- women and families to make their own cause they are so horrific, but I think child into your family, and to look on reproductive choices. they are also shocking. And perhaps it with hope and worry as the pregnancy I suggest the absence of a quorum. is that people would just rather turn progresses, but my family has been The PRESIDING OFFICER. The their gaze and look away rather than very fortunate. I can only imagine the clerk will call the roll. see the barbaric practices depicted in

VerDate Sep 11 2014 00:44 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.020 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 21, 2015 CONGRESSIONAL RECORD — SENATE S6833 these videos. But indeed these videos vance this legislation and in doing so both tragic and heartbreaking. Many show Planned Parenthood executives vote to invoke a life of culture in this Americans feel the same way. Polls callously discussing the value of an un- country. show that both men and women sup- born child’s organs, and it is truly mor- Moving this bill forward should be port protections for innocent life at 5 ally reprehensible. I think, unfortu- seen as a moral imperative by every months. nately, it reveals a dark side of human- Member of the Chamber. We can unite I am asking colleagues to open their ity—one that prizes the organs of an behind an understanding of obvious hearts and work with us to help defend unborn child over the potential life right and wrong and save thousands of the defenseless. Help us pass the Pain- that child could have. And I have asked lives by making the Pain-Capable Un- Capable Unborn Child Protection Act. I myself: How did we get here? How did born Child Protection Act a reality. will have more to say about this impor- we become so desensitized to this prac- Madam President, I yield the floor. tant bill before we take a vote on it to- tice? And if there is anything these RECOGNITION OF THE MAJORITY LEADER morrow. videos have done, hopefully it is to The PRESIDING OFFICER. The ma- The PRESIDING OFFICER. The Sen- awaken the conscience of the American jority leader is recognized. ator from Utah. people as well as the Members of Con- Mr. HATCH. Madam President, I rise PAPAL VISIT gress to realize exactly what is going today in strong support of the Pain-Ca- Mr. MCCONNELL. Madam President, on and to conduct the investigations pable Unborn Child Protection Act. I know many Americans are looking that are now underway by four com- This bill recognizes an indisputable ahead to the visit of Pope Francis this mittees of this Congress and to do what fact and it stands for an indispensable week with a great deal of interest. we can, such as passing this Pain-Capa- principle. The fact is that each of us Thousands will gather on the Capitol ble Unborn Child Protection Act. It was a living human being before birth. grounds for the chance to hear him would make out of bounds the sort of The principle is that each human being speak. I think I can speak for every late-term abortions that apparently has inherent dignity and worth. colleague when I say the Senate wel- this sort of enterprise depicted in the The Supreme Court’s decision in Roe comes him with open arms. We look video depends upon. v. Wade degraded the Constitution, and This legislation is a unique and pow- forward to his visit. the regime of virtually unrestricted erful opportunity for us to act and de- GOVERNMENT FUNDING abortion that it spawned continues to fend the lives of unborn children across Madam President, it obviously is degrade our culture. It degraded the this country. It is the best chance we going to be a busy week in the Senate. Constitution by reducing it to little have to advance a culture of life in this That is true of the legislative issues be- more than a prop and using it as a country. I am not suggesting that it is fore us as well. One is government cover for imposing the opinions of indi- going to be easy or that we will have funding. vidual Justices. This decision is per- this vote and we will be finished. We Earlier this year, a new majority haps the best example of what Justice will not be. I remember the long road took office with a different outlook on Benjamin Curtis warned about in his to passage of the Partial-Birth Abor- government funding from that of the dissenting opinion in Dred Scott v. tion Ban Act over a decade ago, and I previous majority. We thought it made Sandford. He wrote that when the opin- think the distinguished majority lead- sense to actually pass a budget and ions of individuals control the Con- er, who has set this matter for a vote, then to fund it. So we passed a budget stitution’s meaning, ‘‘we have a gov- recognizes that this is the beginning of for the first time in 6 years. Then we ernment which is merely . . . an expo- raising the visibility of this horrific passed all 12 appropriations bills nent of the individual political opin- practice and asking the American peo- through a committee for the first time ions of the members of [the Supreme] ple whether they are comfortable with in 6 years. Democratic colleagues voted Court.’’ That is exactly what Roe v. the sort of conduct they see depicted for and praised the appropriations bills Wade is. on these videos or whether we ought to in committee. Had we passed the 12 ap- In addition to degrading the Con- think again about whether we want to propriations bills on the floor, it would stitution, the abortion regime spawned be part of a coalition of China, Viet- have funded the government without by Roe and maintained by its progeny nam, and North Korea when it comes the dramas of the past. But Democrats continues to degrade our culture. This to sanctioning these late-term abor- didn’t change their minds and decided effect is inevitable because that regime tions after a baby has literally become to pursue a regrettable ‘‘filibuster sum- is built on the dark proposition that viable in the womb. mer’’ strategy of blocking all govern- humanity itself has no inherent worth If this bill becomes the law of the ment funding for months. Some that demands respect and that indi- land, it will be the first time Congress blocked bills they had just praised, all vidual members of the human family has significantly and meaningfully ad- with the aim of pushing Washington can be killed for any reason at any vanced the pro-life agenda in over a into another one of these manufactured time before birth. decade. It took a long time for us to crises they just cannot seem to shake. It was not always like this. Just 25 get the passage of the Partial-Birth It is truly unfortunate, but they have years before Roe v. Wade, the United Abortion Ban Act over a decade ago. succeeded in making this a reality we States voted for the Universal Declara- And I don’t think we should underesti- now face. tion of Human Rights. The very first mate the difficulty of passing this leg- We have to push forward, and we will. statement in the preamble recognizes islation and other pro-life legislation, I will have much to say on the issue as ‘‘the inherent dignity and . . . the but we need to start. These videos have the week progresses. Discussions on equal and inalienable rights of all given us the opportunity because they the best way forward are ongoing. Dis- members of the human family.’’ Arti- have awakened America’s conscience. cussions about the character of our cle 3 states that everyone has the right This legislation, if passed, would save country continue as well. to a life. the lives of thousands of unborn chil- Madam President, tomorrow we will Just 2 years after the U.S. Supreme dren and make impossible the sort of take up a bill the House of Representa- Court created an unlimited right to organ-harvesting practice that we have tives has already passed. It is legisla- abortion in Roe v. Wade, the Federal seen on fully developed, unborn babies tion that would allow America to join Constitutional Court of Germany came that we have seen depicted in these the ranks of most civilized nations to a very different conclusion. Review- videos. when it comes to protecting the lives ing a law that allowed abortions in the Tomorrow the Senate will have a of the most innocent and vulnerable. first 12 weeks of pregnancy, the Ger- unique opportunity to stand up for the We—along with countries like North man court said that human life is the most vulnerable, and if we are not here Korea—are one of just seven nations to supreme value in the constitutional to stand for those who cannot speak for allow late-term abortions after 20 value and ‘‘the vital basis for humanity themselves, the most vulnerable in our weeks, in other words, 5 months, when and the prerequisite of all other basic society, not the least of whom are the science and medical research tell us rights.’’ What a contrast. unborn, what are we here for? I hope unborn children can feel pain. As the The United States has degraded my Senate colleagues will vote to ad- father of three daughters, I find that human dignity by striking down a law

VerDate Sep 11 2014 00:44 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.021 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6834 CONGRESSIONAL RECORD — SENATE September 21, 2015 protecting preborn children. Germany and Anatomy at the University of Utah nificant departure from which con- promoted human dignity by striking School of Medicine, has testified before stitutes not merely medical mal- down a law endangering preborn chil- Congress and written that the sci- practice but gross negligence.’’ If fail- dren. Our Supreme Court said that a entific evidence regarding fetal pain is ing to prevent pain in the sick can preborn child is not a person under the undisputed. That evidence shows that make a physician liable, physicians U.S. Constitution and would not even the brain’s circuitry responsible for the should be prohibited from inflicting address whether that child is a living, detection, and its response to pain is pain on healthy children before birth. human being. The German court said established well before the 20-week Madam President, I began by saying that every human individual possessing mark. that Roe v. Wade and the abortion re- life is covered by the German Constitu- This bill is consistent with precedent gime it spawned has degraded both the tion, including preborn human beings. in another way. The Supreme Court law and our culture. I am echoing the One of the most successful coverups has approved actually prohibiting abor- thoughtful words of President Ronald in legal and social history has misled tion after a point when the preborn Reagan, who in 1983 published an essay Americans into believing either that child takes on an important quality entitled ‘‘Abortion and the Conscience abortion is not legal for any reason at that justifies protection. In Roe v. of a Nation.’’ He wrote that abortion- any time in this country or that this Wade that reality was the viability or on-demand is not a right granted by radical abortion regime is the norm the ability to survive outside the womb the Constitution but was an act of raw around the world. Neither is true. with artificial aid. judicial power. And he wrote, ‘‘We can- Today the United States is one of only In this bill, that quality is the ability not diminish the value of one category seven nations in the entire world to to feel pain, which has been universally of human life—the unborn—without di- allow elective abortion after 20 weeks recognized as compelling. Both medi- minishing the value of all human life.’’ of pregnancy. Other members of that cine and the law, for example, impose a The American people have embraced club include China and North Korea. duty to relieve or to avoid pain. Just this view. By more than 2 to 1 Ameri- The bill before us would prohibit the look at the Web site of the National In- cans support what this bill would do— unjustified killing in the womb of stitutes of Health. It includes an arti- prohibiting abortions after 20 weeks— human beings who can feel pain. The cle by Dr. Eric J. Cassell, Professor of and the percentage of women sup- bill recognizes three justifications: Public Health at the Cornell University porting a 20-week ban is even higher when abortion is necessary to save the Medical College. He writes that the ob- than the national average. life of the mother and when the preg- ligation of physicians to relieve human I think opponents of this legislation nancy resulted from rape or from in- suffering stretches back into antiquity, owe the American people an expla- cest against a minor. This bill would do and he calls relief of suffering ‘‘one of nation. Why does a physician’s ethical nothing more than move the United the primary ends of medicine.’’ duty to prevent pain begin only when States a step away from the most ex- The clinical guidelines for acute pain someone is born? Why shouldn’t that treme abortion position in the world. published by the Federal Government duty begin when someone can feel The Supreme Court may be pre- stated that ‘‘the ethical obligation to pain? Why do we care so much about venting us from upholding in law the manage pain and relieve the patient’s preventing even the most despicable inherent dignity of all human beings suffering is at the core of the health criminals from feeling pain but turn a before birth. That does not mean, how- care professional’s commitment.’’ The blind eye to the pain inflicted on inno- ever, that we should not defend that American Academy of Pain Medicine cent preborn children? dignity for as many members of the has publicized an Ethics Charter which The Supreme Court has said from the human family as we can. That is why I outlines how physicians must imple- beginning that the right to abortion support the Pain-Capable Unborn Child ment ‘‘the ethical imperative to pro- must be balanced with other compel- Protection Act before us today. vide relief from pain.’’ ling interests. Why does medical This bill is consistent in two dif- If medical professionals have a funda- knowledge matter when it facilitates ferent ways with how the Supreme mental obligation to relieve human abortions but not when it can prevent Court has set rules for abortion regula- suffering, they should be prohibited the pain caused by abortion? tions in the past. In Roe v. Wade, the from imposing human suffering before This bill recognizes the indisputable Court drew a line at certain points in birth. In its most recent abortion deci- fact that each of us, including each in- pregnancy reflecting something that sion, the Supreme Court acknowledged dividual Member of the Senate, was a the Court found to be medically mean- that certain ethical and moral con- living human being before we were ingful. The end of the first trimester, cerns can justify a specific abortion born. This bill reflects the indispen- the Court said, was related to the rel- prohibition. The prevention of inten- sable principle that each individual ative safety of the abortion procedure. tional pain and suffering, the very core member of the human family has in- The end of the second trimester, the and one of the primary ends of medi- herent dignity and worth. Prohibiting Court said, marked the time when a cine, certainly qualifies and justifies the killing of innocent human beings preborn child could potentially live the policy in this bill. who can feel pain is only a small step outside the womb, at least with artifi- Turning to the law, the Eighth in the right direction, but it is a step cial aid. The Court said that these Amendment to the U.S. Constitution we must take. I don’t think there is a lines, which identify when certain prohibits cruel and unusual punish- legitimate excuse for not taking that abortion regulations are permissible, ment. Federal courts across the coun- step. should be drawn ‘‘in the light of try are considering whether the drugs It is horrifying to me that some in present medical knowledge.’’ used in lethal injection cause extreme the Senate don’t understand this or, if That is exactly what this bill does. or unnecessary pain and, therefore, vio- they do, continue to march down the As its findings state, there is substan- late the Eighth Amendment. Some path of indiscriminate abortion on de- tial medical evidence that a preborn have said that it does. mand. I think they are going to have to child is capable of experiencing pain by If the infliction of pain can make pay a price for that someday. It is a 20 weeks after fertilization, if not ear- executing the guilty unconstitutional, shame it has come to this type of a lier. I might add that this is not a re- I believe that the infliction of pain standard where you cannot protect cent discovery. Americans United for should make aborting the innocent il- preborn children who can feel the pain Life, for example, published a mono- legal. of abortion and feel the pain of some of graph more than 30 years ago reviewing Or look at the civil side of the law. the medical techniques some of these the medical evidence. Dr. Vincent Col- Juries award multimillion dollar ver- abortionists use. lins, professor of anesthesiology at the dicts against medical professionals and Madam President, I suggest the ab- University of Illinois, wrote that the facilities for failing to relieve pain in sence of a quorum. entire sensory nervous system is func- their patients. One article in the West- The PRESIDING OFFICER. The tioning well before the 20-week point. ern Journal of Medicine reviewing such clerk will call the roll. More recently, Dr. Maureen Condic, cases concluded that ‘‘there is a stand- The bill clerk proceeded to call the Associate Professor of Neurobiology ard of care for pain management, a sig- roll.

VerDate Sep 11 2014 00:44 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.022 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 21, 2015 CONGRESSIONAL RECORD — SENATE S6835 Mr. LEE. Madam President, I ask was on this very floor a few feet from straight faces, thunder against the unanimous consent that the order for here that in 1999, one of our colleagues scourge of Republican science-deniers— the quorum call be rescinded. on the other side of the aisle said that as if none of us has touched a pregnant The PRESIDING OFFICER. Without legal protection of a child should begin mom’s tummy and felt a little kick, as objection, it is so ordered. only ‘‘when you bring your baby if those grisly Planned Parenthood vid- Mr. LEE. Madam President, it is cus- home.’’ eos didn’t exist, as if none of us took tomary when rising in support of legis- When we get down to it, what dif- high school biology. lation to speak in gracious terms about ference does a few centimeters make, But they know the truth. In un- the opportunity to vote for the legisla- anyway? Why should it be legal to kill guarded moments, as we have heard, tion in question. This is a good day for a perfectly healthy 8-month-old, 6- they speak the truth and one day the the Senate. The American people can pound little girl right here and illegal truth will set us all free and the Demo- be proud. This bill represents legis- to kill her over here? After all, abor- cratic Party will stop taking its prob- lating at its very best. That is what we tion is not the first peculiar institution lems out on the kids. We are not there say. I have said it in the past myself that has arbitrarily dehumanized cer- yet, but as the desperate tactics on the many times. tain Americans based on geography, es- other side of the question reveal, we While I will soon join the majority— pecially with such a high progressive are getting closer and closer all the though maybe not the necessary super- principle at stake. time. majority—of our colleagues voting to As a Supreme Court Justice, of all Truth doesn’t wait on partisanship. take up the Pain-Capable Unborn Child people, put it in a 2009 interview with The truth is, a ban on late-term abor- Protection Act, it is a tragedy that we the New York Times, describing the so- tions after 5 months should be the law should have to. That late-term abor- cial, political, and moral attitudes that of our land. The truth is that unborn tions, abortions after children are via- led to the Supreme Court’s decision in children can feel pain after only 2 ble and their nervous systems can feel Roe v. Wade, ‘‘Frankly, I had thought months of development. In the words of pain, are legal in this country, is itself that at the time Roe was decided, there University of Utah Professor Maureen an affront to American democracy and was concern about population growth Condic, with whom I met last week, a stain on America’s great history. and particularly growth in populations ‘‘Based on universally accepted sci- It is not the fault of the American that we don’t want to have too many entific findings, the human fetus de- people, who, like the rest of the civ- of.’’ tects and reacts to painful stimuli as ilized world, are appalled by the vio- As chilling as that sounds—and one early as eight weeks following sperm- lent extremism of aborting viable un- certainly must wonder which popu- egg fusion.’’ born infants. Rather, in 1973, it was lations liberals wanted to cull—to me, Now, for our unfrozen cavemen Sen- originally the fault of a constitu- the most important part of that state- ators on the other side of the aisle tionally unhinged and scientifically il- ment is not the hint toward genetic whose primitive minds are confused literate Supreme Court majority. cleansing at the end; rather, it is the and frightened by modern science, Four decades on, the fault is now word ‘‘frankly’’ at the beginning. That sperm-egg fusion is when biology tells fully shared by a Democratic Party so was a window into the soul of abortion us that human life begins, on day one, corrupted by special interest politics extremism, and we see it again and a fact that is neither a mystery nor that it has forsaken the one principle— again and again. standing up for the little guy—that On the rare occasions when we hear above the pay grade of a curious sev- once earned them all Americans’ grati- abortion advocates speaking frankly, it enth grader. At 8 weeks, we know a tude and respect. Our friends on the terrifies us, and duly so. The conspira- fetus can feel pain. That is not just sci- other side of the aisle still claim that tors exposed in the Center for Medical entific consensus; it is ‘‘universally ac- surrendered high ground, but that Progress videos are only the most re- cepted,’’ ‘‘entirely uncontested’’ in Dr. claim gets harder to take seriously cent example. Watch the videos, listen Condic’s words. every time they not only abandon but to what they say, and pay attention to Why then does the bill before us deny the very humanity of the littlest how they say it. In their detached, de- allow abortions even up to 20 weeks? guy or girl of all. Let’s not forget that humanizing euphemisms and stomach- Because that is where the science is di- the Democratic Party today is not just turning humor, they speak not like rectly observable. That is how modest the party of taxpayer-subsidized, late- fairy tale monsters, but the real a compromise this bill is. As Dr. Condic term abortion on demand; it is also the thing—the rational, rationalizing men puts it, ‘‘Fetuses at 20 weeks have an party of taxpayer subsidized, late-term, and women with prestigious degrees increase in stress hormones in response sex-selective abortion on demand. and cultivated tastes who hide their to painful experiences that can be Seven or eight or nine months along, barbarism in bureaucracy. eliminated by appropriate anesthesia.’’ with eyes and a nose, a full head of But we can rest assured, there will be In other words, at 20 weeks, an unborn hair, with a beating heart and a perfect no such talk here today. There will be child can feel pain. We can see them smile and late-night hiccups, they no such talk here tomorrow. There will feel it. We can observe them as they think it should be legal for a doctor to be no frank, candid public discussion of feel it. take her life, just because she is a girl late-term abortions because that might That is also the age, according to the or just because she may have Down eventually lead us to the truth—and New England Journal of Medicine, at Syndrome or a cleft palate or any rea- only one side in this debate is inter- which an unborn child is viable outside son really. To the Democratic Party ested in that. the woman. Prenatal surgeons can now today, there is no reason so superficial When it comes to the reality of abor- treat unborn children as young as 16 or bigoted that it shouldn’t negate the tion, pro-choice politicians choose not weeks, and with every innovation and right to life of an unborn child or a to debate; they choose to deceive. They advance in perinatology, modern medi- born child, for that matter. will come down to this floor for the cine stretches its miraculous light fur- As was confirmed by the recently re- next 2 days not to defend what we all ther and further into what used to be leased video testimony of abortion in- know is indefensible, rather they will ‘‘the valley of the shadow of death.’’ dustry insiders, some abortion clinics— try to cloak their extremism in a fog of These are the facts: At 20 weeks, a clinics funded by the Federal Govern- denial and distraction. Politicians who little boy or a little girl has a chance ment—kill infants that are born alive. defend the right to kill born-alive little to seize the great adventure of life, and There is a word for that, and it isn’t girls will, with straight faces, rail they feel pain when that chance is vio- ‘‘health care.’’ Yet even though Phila- about a war on women. Politicians who lently taken away from them, just like delphia abortionist and serial infant defend lax, unsanitary clinic standards any child would, just like our own killer Kermit Gosnell was convicted of will, with straight faces, lecture us all would, just like we would. We owe it to first-degree murder for doing just that, about their commitment to women’s them to give them that chance. The physician-assisted infanticide is some- health. Politicians who resurrect em- science actually goes much further. thing like a stated principle of the Sen- barrassing, medieval superstitions This bill is only the least we can do ate Democratic caucus. Remember, it about when life begins will, with right now.

VerDate Sep 11 2014 00:44 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.023 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6836 CONGRESSIONAL RECORD — SENATE September 21, 2015 Our generation doesn’t yet know Despite the lessons learned just 2 years rating our roads, bridges, ports, air- what chapter we are writing in Amer- ago, we are once again debating wheth- ports, and our railroads which need to ica’s long struggle to defend the equal er Congress can meet its most basic be made more safe and reliable. That is dignity of all human life, but we all do needs and duties: keeping the govern- what we should be doing in programs know—even our friends on the side of ment open. for veterans—particularly in veterans the aisle, I think—that this story has a Frankly, it is embarrassing that health care—putting our veterans to happy ending. Like generations past some in Congress are willing to bring work, programs that provide for skill that overcame ignorance and bigotry us to the brink of a government shut- training and job opportunities for to welcome marginalized Americans down and would rather play games them. into our hearts and our society, we, with our recovering economy than There are so many momentous issues too, shall overcome, because even solve the problems and challenges in facing our Nation today, and that is though the unborn don’t have a voice, front of us. the challenge we should be facing in they do have an unflinching ally: the The truth is, there is reason to be op- the U.S. Senate. Yet tomorrow we will truth, not just the philosophical truth timistic in our country. Unemploy- be voting on a bill that is divisive, dan- expressed in our Declaration of Inde- ment is dropping, and nowhere in the gerous, and doomed to failure. Even pendence but the biological, medical, world are there more opportunities to today, we are spending valuable time and scientific truth that unborn chil- invest and to innovate in a brighter fu- debating it. The bill before us is both unconscion- dren are children. There is no us and ture and stronger economy than right able and unconstitutional. It is a waste them, just us, and deep down we all here in the United States, but to real- of time because tomorrow it will be de- ize our full potential, we have real know it. We know that children are a feated, in effect. We are engaged in a work to do. We need to create more gift and deserve our protection. We political charade here. The timing may good-paying jobs with which we can know mothers are heroes and deserve not be accidental, but there is no good support a family and strengthen our our support. The bill before us would time for a blatantly and plainly uncon- provide them a little bit more of both. communities, we need to invest in a stitutional proposal. Sadly, it is only Despite its majority support, this bill 21st century infrastructure, and we the latest in a long line of unconstitu- might not pass this time, and Amer- need to prepare and train a workforce tional proposals since the U.S. Su- ica’s moms and children waiting for ready to lead the world in both innova- preme Court’s decision in Roe v. Wade the laws of the United States to catch tion and production. which enshrined a woman’s constitu- up to the justice and compassion re- Over the last several weeks we have tionally protected right to make her flected in the laws of nature and of na- heard a lot of rhetoric about making own reproductive decisions. There have ture’s God will have to wait a little America great again. America is al- been incessant and constant attempts longer—but not too long. For if our na- ready great. It starts with the basics, by politicians to substitute their own tional story has taught us anything, it and that is what we need to get back judgment for hers, for her doctor’s, her is that extremism in defense of vio- to—by showing up to work every day family’s, and for her religious advisers. lence will not long stand. This bill will and doing our jobs, just like every Hoo- These decisions should be a woman’s to one day soon be the law of the land. So, sier does. make. too, will those passed last week in the I am an optimist. I know we can do The onslaught on women’s health House of Representatives and still oth- great things for our country. Let’s do care, unfortunately, has been a fact of ers yet to come. the job we were sent here to do in Con- life in this Nation. The bill before us The arc of American history may be gress—work together and keep the gov- now will ban abortion care after 20 long, but the American people have a ernment open. It is the least we should weeks of pregnancy except for so-called way of bending it toward life, and after do. I am ready to do it. I hope my col- exceptions. The inadequacy of those ex- decades of violence and lies and corrup- leagues will join me. ceptions alone doom this bill to uncon- tion, help is on the way. Maybe it is a Madam President, I suggest the ab- stitutional status. The legislation rep- good day for the Senate after all. sence of a quorum. resents an unconstitutional inter- I yield the floor. The PRESIDING OFFICER. The ference as a matter of policy and law The PRESIDING OFFICER. The Sen- clerk will call the roll. with the woman’s right to choose the ator from Indiana. The bill clerk proceeded to call the care that is best for her and the failure GOVERNMENT FUNDING roll. to recognize the many complex factors Mr. DONNELLY. Madam President, Mr. BLUMENTHAL. Madam Presi- that may be involved in that decision, here we are again. There is just over a dent, I ask unanimous consent that the medical complications that often lead week before funding runs out to keep order for the quorum call be rescinded. to a woman’s decision to seek a late- our government open, and some in Con- The PRESIDING OFFICER. Without term abortion. The bill would place in gress are threatening to shut down the objection, it is so ordered. her way a host of unnecessary, unwise, Federal Government again to advance Mr. BLUMENTHAL. Madam Presi- and burdensome requirements. their own political agendas. dent, I note that my colleague from In effect, this bill would force I have said before and I will say it South Carolina has arrived on the women—including all who have been again, most Hoosiers think Congress floor, and I would happily yield to him through the traumatic experience of can play a role in improving the econ- if he wishes to go. Otherwise, I will be rape or incest—to meet a combination omy, but at the very least we shouldn’t very brief. of a myriad of reporting and record- make things worse. That is exactly Mr. GRAHAM. The Senator may pro- keeping requirements. In many cases, what Congress has done with the Ex- ceed. the bill would require survivors of hei- port-Import Bank. The Ex-Im Bank Mr. BLUMENTHAL. Madam Presi- nous crimes to make multiple appoint- helps level the playing field for Amer- dent, I want to second the very power- ments with multiple providers before ican businesses, it helps protect and ful remarks made by my colleague having the right to reproductive care create jobs here at home, returns from Indiana. In Connecticut, what I and force her to relive her traumatic money to the Treasury, and over 100 hear again and again is the need for experiences before having the benefit companies in Indiana use the Ex-Im this body to address jobs and the econ- of those services. It would place numer- Bank. omy. They are talking about putting ous nonmedical requirements on doc- In July, some in Congress blocked people back to work and moving our tors, such as forcing them to determine the bipartisan effort to reauthorize the economy forward. That is what I have whether survivors of rape or incest bank just so a few Members could play sought to do from day one in the U.S. have reported their experience to ap- politics. As a result, the Export-Import Senate and what I will continue to propriate law enforcement entities, es- Bank is unable to provide any new fi- fight to do. That is what we should be sentially forcing doctors to choose be- nancing to American businesses. In doing through reauthorizing the Ex- tween criminal penalties and doing fact, we just found out, we have al- port-Import Bank, creating more jobs what is best for patients’ health, which ready seen some companies moving in an infrastructure program worthy of is why the American College of Obste- American jobs overseas because of this. the name, and repairing and reinvigo- tricians and Gynecologists oppose this

VerDate Sep 11 2014 00:44 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.025 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 21, 2015 CONGRESSIONAL RECORD — SENATE S6837 measure. None of these requirements to make sure we serve the best in- point now that if you operate on a baby placed on women or their doctors are stincts of this Nation and preserve our at 20 weeks—which you can—to save rooted in science, health, or safety. Constitution from these unwarranted that baby’s life or to help them medi- None of these requirements are con- attacks. cally, medical science says you have to sistent with the constitutionally pro- I yield the floor. provide anesthesia because the baby tected right to access reproductive care The PRESIDING OFFICER (Mr. can feel excruciating pain. We now and abortion. COATS). The Senator from South Caro- know scientifically that at the fifth Simply put, women’s health care de- lina. month of the birthing process, at 20 cisions should be left to women, their Mr. GRAHAM. Mr. President, I ask weeks, doctors will not operate on the families, themselves, their doctors, and unanimous consent to be recognized for baby without anesthesia. Here is the themselves. That is the essence of the 15 minutes, and ask the Chair to let me question: Should we be allowing abor- constitutionally protected right of pri- know when my time is close to being tion-on-demand at that point in time? vacy that underlies all of these rights. up. Should we be crushing the skulls? It is the right to be left alone from men The PRESIDING OFFICER. Is there Should we be destroying the baby’s and women in this Chamber who would objection? life? Should we be one of seven coun- intrude and invade that right. Without objection, it is so ordered. tries that allow this heinous practice This measure also implicitly encour- Mr. GRAHAM. Mr. President, I am in the fifth month? We do have excep- ages an ongoing and indeed inten- the author of legislation we will be vot- tions—for life of the mother, rape, and sifying assault on women’s health care ing on tomorrow, so I am very proud of incest. among the States. Many other uncon- the product. I have worked with my I would suggest that we should be stitutional and unconscionable attacks colleagues to try to come up with a so- talking about this. I suggest that we on women’s health care are increasing lution to what I think is a problem should have done this a long time ago, at the State level and making it harder that needs to be addressed. that we should have gotten out of this for women to access reproductive To my good friend from Connecticut, club of seven nations that allow a baby health care in general. There is an in- I appreciate where he is coming from. to be aborted in the fifth month. creasing drumbeat of regulations and He is a fine man. We just disagree on Medical encyclopedias advise and en- restrictions that attack women’s this. He has legislation called the courage young parents at this stage in health care and make it harder to ac- Women’s Health Protection Act. He the pregnancy to interact with the un- cess as State governments pass more has legislation that will roll back born baby and sing and speak because regulations. Those regulations number State limitations on abortion that the baby can associate sound. We are now 230 in the past 5 years. They are have been proved by the Supreme talking about 5 months, folks. We are nothing more than embarrassing at- Court. He disagrees with what the talking about changing the law so that tempts to deny women’s health care in States are doing in light of what the this country will not allow abortion- the guise of invasive and unnecessary Supreme Court would allow a State to on-demand at this late stage in the medical tests, arbitrary building regu- do. He has a piece of legislation that birthing process. This is something I lations, and financially unsustainable would at the Federal level change all am proud to be talking about. I am procedures. That is why Senator BALD- these State laws. I respect his point of honored to lead the fight, and all I ask WIN and I have proposed the Women’s view. The point I am trying to make is is that we have a vote. Health Protection Act, joined by 31 of that he wouldn’t have introduced the The vote is whether or not to have a our colleagues, to make sure that those legislation if he didn’t think this was debate. Our Democratic friends are State laws are stopped before they an important topic. going to deny us a debate as to whether cause the costs, fear, and uncertainty, To my colleagues on the other side, or not this is a good idea. We can’t as they are bound to do and as they you have legislation that I would glad- even proceed to the bill. I am willing to have done in many States around the ly allow you to bring to the floor. I allow them to bring up their legisla- country. These State laws are beyond want to have a debate on what we are tion as an amendment to mine, the wrong. They are dangerous to women’s trying to accomplish here. You have Women’s Health Protection Act, where health care. legislation that—I am sure the reason they want to repeal State laws that put My hope is that we will be proactive you did it is you would like to change limits on abortions consistent with the in protecting a woman’s right to care, State laws you don’t agree with. It is a Supreme Court’s decisions. I am not not encourage the worst of State prac- little bit disingenuous to say we afraid of my idea, and they shouldn’t tices that are embodied in these re- shouldn’t be talking about these topics be afraid of theirs. strictive State laws. because you drafted legislation on this This is a debate worthy of a free peo- Finally, I am dismayed that the topic. ple. This is a debate worthy of democ- House of Representatives actually has What am I trying to accomplish? We racy. If this is not worth talking about, taken a step toward gutting a measure are one of seven nations in the entire what is? When do you become you? designed to help veterans. The Border world that allow abortion on demand When do you have a soul, if you have Jobs for Veterans Act of 2015—a bipar- at 20 weeks, the fifth month of preg- one at all? What kind of Nation do we tisan measure that I cosponsored with nancy. I would like to get us out of want to be in 2015? my colleague Senator FLAKE designed that club. Why? Because at 5 months I Roe v. Wade says that for the first to do just what the title says: to utilize really don’t believe it makes us a bet- trimester, abortions are off limits, but the skills and expertise of our veterans ter nation to have abortion on demand. when medical viability is reached, the to help fill vacancies at our borders, to There are exceptions in this bill—for State has a compelling interest in pro- use veterans to stop illegal immigra- the life of the mother and in the cases viding protection to the unborn child. tion—that bill has been gutted and un- of rape, you have to tell the physician That was 1973. Has anything changed fortunately has been made a vehicle to this pregnancy was as a result of a since 1973? I would argue a lot has deny health care to women. The provi- rape—but there is no reporting require- changed, and all for the better in terms sions of this transformed legislation ment to the police or anything else. of medical science. We can do things are a disservice to our veterans. I That is a balance we have tried to now for patients, including for the un- thought veterans legislation would be achieve. But what I would suggest is born, that one could not even imagine out of bounds for this fight. Sadly, ap- that most Americans agree with me, in 1973. But the theory of the case here parently not. that most Americans believe that at is not medical viability at 20 weeks, I urge my colleagues to find more the fifth month, we should not have but a new concept that I hope most productive ways to use our time, to ad- abortion-on-demand, we should not be Americans will embrace. Now that we dress the needs, to expand job opportu- in a club of seven nations on the entire know the baby has developed to the nities, to move our economy forward, planet that allow abortion at this stage point where it would feel excruciating and to drive economic growth. A bipar- in the birthing process. pain if it were operated on to save its tisan goal we should all share is to re- The theory of the case is pretty sim- life, is it appropriate for legislative authorize the Export-Import Bank and ple. Medical science has evolved to the bodies, such as ours, to come to that

VerDate Sep 11 2014 00:44 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.027 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6838 CONGRESSIONAL RECORD — SENATE September 21, 2015 baby’s aid and take abortion-on-de- side with me and my colleagues, we are forward to this journey until one day mand off the table? going to rise to the occasion, and we when we can withdraw from the club of Here is what I believe: I believe this are going to say something pretty seven and protect unborn children in a is constitutionally sound. I believe this basic. At 5 months we are not going to way that I think most Americans is a debate worthy of a free people. I allow abortion-on-demand because that would appreciate. believe the time has come for America baby can feel excruciating pain, and we With that, I yield the floor. to get out of the club of seven that al- are not going to put that baby through I suggest the absence of a quorum. lows this procedure at 20 weeks, the the process of having their life termi- The PRESIDING OFFICER. The fifth month of the birthing process. I nated in such a gruesome fashion. clerk will call the roll. think this is something we should talk These Planned Parenthood videos The senior assistant legislative clerk about, and I think it is worthy of our and this discussion about harvesting proceeded to call the roll. time. organs from children late in the birth- Mrs. ERNST. Mr. President, I ask To my friends on the other side, you ing process have awakened America. I unanimous consent that the order for have views about this topic too. You promise this is a debate worthy of this the quorum call be rescinded. have introduced legislation regarding body, worthy of this country, and one The PRESIDING OFFICER. Without abortion that would roll back State that we are going to have over and over objection, it is so ordered. protections of the unborn. I am not again until we can get a vote. I am not Mrs. ERNST. Mr. President, a short afraid of that debate. I disagree with going to stop. You have stopped me if while ago, I had the opportunity to you. Bring your legislation forward. we don’t get those 60 votes to debate meet with a very special family from What are you afraid of? Why won’t this. If we can’t get the bill to the floor Newton, IA. Micha Pickering, an ador- you let me debate my bill? Why can’t for a debate, I think that is a bad able, energetic 3-year-old boy was born we have a discussion as a free people thing. prematurely at just 22 weeks gesta- about where we want to be in 2015 re- I think life is more than just about tional age—the equivalent of 20 weeks garding the unborn child? money. I think the quality of our coun- after fertilization, the method of meas- To my friends on the other side, the try is more than our financial situa- urement in the bill before us. unborn child is not the enemy. The un- tion. I think the quality of our Nation, You will notice the picture I have in born child is something that every in many ways, is founded not on our fi- the Chamber. This is Micah, that ener- American should care about. And here nances, but our character. And here is getic 3-year-old boy. He was just in the is what I think: In the fifth month of what I believe: America needs to get office when this picture was in there, pregnancy an overwhelming number of out of this club of seven that allows lit- and Micah ran up and said: That’s me. Americans—not all, but most—are tle babies to be aborted at a time when And then he said: That’s a baby. This is going to side with me and my col- doctors cannot operate on them with- Micah when he was born. We are talk- leagues who have helped me through ing about 5 months. Think about that this journey and say: No, America will out providing anesthesia because it for a minute. not allow this. We are not going to be hurts so much. Think about what I just said. Medical Micah’s parents and the doctors and one of seven nations that allows abor- science will not put the baby through nurses at the University of Iowa hos- tion-on-demand in the fifth month. We an operation to save its life without are going to withdraw from that club, pitals and clinics were dedicated to his and if we do, it will be a good thing. We anesthesia because it hurts so much. survival. Micah’s mother Danielle has will be a better people if we stop this All I am asking is: Just don’t crush recounted the first time she got to practice in the fifth month, knowing that baby’s skull unless there is a very meet her son in the hospital: that we have exceptions for the life of good reason. Is that too much is ask? I The second I was able to meet Micah the mother in cases of rape and incest. don’t think so. Is that worthy of our changed my life. He was so small. I didn’t time? I definitely believe so. Are we know what to expect. Would he look ‘nor- This doesn’t make us anything other mal’? Could I bond with this baby? Those than a caring, better people. going to keep pushing? You better be- lieve it. questions were a mess in my head as I was This is why I ran for office, to have wheeled into his room two hours after his I thank Senator PORTMAN, Senator debates like this—not just this, but birth. The sight I saw was a perfectly formed like this. I want to talk about creating ERNST, and others who have helped me baby. jobs and growing the economy and so much. We didn’t understand at the time that stopping radical Islam. There is so I thank Senator MCCONNELL for re- Micah was right on time, but now we do. . . . much we need to do, but here is the serving some time to have this discus- You can be knowledgeable on every part of question: Do we need to do this? I sion. I hope it turns into a debate. The prematurity, but that does not change the think so. I think with all my heart and Senate needs to be on record, and this fact that Micah was just as much full of life is an opportunity for all of us to be on at 22.4 weeks as he is now at almost 3 years soul that America needs to get out of old. this club, that America needs to come record as to where we think the coun- to the aid of a baby who is 20 weeks try should be in 2015. I can attest that this little boy pic- into the birthing process, and we Here is what I think: I think in 2015 tured behind me is indeed full of life. should stand united and stop this prac- America needs to withdraw from the The bill before us today—the Pain- tice. I think this makes us a better club of seven nations that will allow a Capable Unborn Child Protection Act— people. baby at 20 weeks to be aborted for any would protect up to 10,000 lives like I think at the end of the day, this de- reason at all. Micah’s every year by preventing abor- bate is worthy of our time and, quite I look forward to this discussion. I tions after 20 weeks or about 5 months frankly, is long overdue. I am very dis- hope we can have a debate. I am not of development. As Micah proves, at 5 appointed that we can’t even have the afraid of my ideas, and they shouldn’t months babies can live. debate. But this I promise: As long as I be afraid of their ideas. But I promise The United States is currently only am here—and many others on our side, everybody who cares about this that one of seven countries in the world and hopefully some on that side over we will not stop, and to me, it has al- that allows abortions after 5 months. there—this debate will continue until ways been about the baby. I think most We are currently in the same company we get the right answer. Americans will side with me and my as China and North Korea. We must do We came together in a very large colleagues and say over time with a better. vote—bipartisan in nature—to ban very strong and loud voice: We do not Substantial medical evidence indi- abortion in the last trimester, except want abortion-on-demand in the fifth cates that at about 5 months of devel- in rare circumstances. That was the month of pregnancy unless there is a opment, unborn babies can feel pain. right thing to do. Abortions in the sev- darn good reason because that doesn’t This means that thousands of unborn enth, eighth, and ninth month do not make us a better people. Quite frankly, lives end painfully through abortion in make us a better people. There was bi- it is the opposite. our country every year. Is this really partisanship to stop that procedure. I thank the Presiding Officer for his whom we want to be as a nation? We Here is what I believe: I believe over support. To my colleagues over here, are a country that stands for life. Just time the American people are going to and hopefully a few over there, I look earlier I heard a colleague across the

VerDate Sep 11 2014 00:44 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.031 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 21, 2015 CONGRESSIONAL RECORD — SENATE S6839 aisle talking about how God intends voted not to renew the State’s contract one that is being threatened now, came that we should protect bumblebees and with Planned Parenthood. That vote at the peak of the fall tourism season. pteropods but what about human life. was totally out of touch with the needs National parks and forests were closed, In order to rise to meet that commit- of women across New Hampshire, and including the White Mountain National ment, we must protect the most vul- it puts women’s health care at risk. Forest in New Hampshire. The impacts nerable in our society, particularly For many in New Hampshire, on our tourism and outdoor rec- those who cannot protect themselves. Planned Parenthood is the most afford- reational facilities were severe, not The majority of men and women able and accessible way to get the care just in New Hampshire but across the across this great Nation agree. Accord- they need, including basic preventive country. FHA and VA loans were put ing to a Quinnipiac poll from last No- care such as family planning services— on hold. Thousands of Federal employ- vember, 60 percent of those surveyed everything from breast and cervical ees who live in New Hampshire were support a law prohibiting abortion cancer screenings and immunizations furloughed. To shut down the Federal after 5 months of pregnancy. to HIV testing. Government for any reason is reckless Although passionate advocates on Last year alone, Planned Parenthood and irresponsible, but to do this, to both sides of this issue of life often dis- served more than 12,000 women in New contemplate doing this in order to agree, there should be no disagreement Hampshire. Planned Parenthood is a deny women access to health care serv- when it comes to protecting the life of trusted health care provider and an im- ices, is reprehensible. an unborn child who has reached the portant part of our health care system. I hope this week or any other week point of development at which he or In some areas of New Hampshire, we will not tolerate it, and we will she can feel pain. As we can see from Planned Parenthood is the only local move to the business of funding the the photo behind me, an unborn baby provider for women to receive afford- government and addressing the chal- in its fifth month of development is not able care. lenges we face and leave the personal just a clump of cells; he or she can On behalf of the millions of women decisions about personal health care suck his or her thumb, yawn, stretch, who are served by Planned Parenthood, choices to the women and families and and make faces. They have 10 fingers I will continue to oppose any effort to health care providers who should be and 10 toes. They can also feel pain, defund women’s health care services, making those decisions, not having the and as Micah proves, they can survive but of course, as we know, this week government make that decision. outside of the womb. As a mother and the attack on women’s access to health Thank you, Mr. President. I yield the floor. a grandmother, I urge my colleagues care does not end with Planned Parent- hood. Tomorrow we will vote on a bill I suggest the absence of a quorum. not to deny these babies the right to The PRESIDING OFFICER. The that would ban women’s access to abor- life. clerk will call the roll. Micah’s mom has said it best: ‘‘I bet tion after 20 weeks. The senior assistant legislative clerk that if Micah could have gone up to ev- The choice to terminate a pregnancy proceeded to call the roll. eryone who opposes this bill and gave is a difficult and very personal deci- Mrs. FISCHER. Mr. President, I ask them a big hug, he could change all sion. If that choice needs to be made unanimous consent that the order for their minds.’’ later in a pregnancy, it is often the re- the quorum call be rescinded. Thank you, Mr. President. sult of very complex circumstances— The PRESIDING OFFICER. Without I yield the floor. the kinds of situations where a woman objection, it is so ordered. I suggest the absence of a quorum. and her doctor need every medical op- Mrs. FISCHER. Mr. President, I rise The PRESIDING OFFICER. The tion available. This bill would place an today to express my support for the clerk will call the roll. added burden on women who are placed Pain-Capable Unborn Child Protection The senior assistant legislative clerk in that difficult situation. Women who Act, a bill that protects children from proceeded to call the roll. are survivors of rape and incest would late-term abortions. As cosponsor of Mrs. SHAHEEN. Mr. President, I ask have that added burden. Furthermore, this commonsense proposal, I am unanimous consent that the order for it threatens doctors, putting them at grateful the Senate will be taking a the quorum call be rescinded. risk for harsh Federal criminal pen- vote on this very important piece of The PRESIDING OFFICER. Without alties. legislation. Our constituents should objection, it is so ordered. Each woman, in consultation with know where we stand on this issue. Mrs. SHAHEEN. Mr. President, in her own family, her own health care The American people support reason- just 10 days, funding for the govern- providers, and her own conscience, able limits on dangerous late-term ment will expire. So we have just 10 should be able to follow her own beliefs abortions. A November 2014 Quinnipiac days for the Senate and the House to when it comes to her own health care. poll shows that 60 percent of Ameri- come together and figure out a way to We must protect women’s reproductive cans support legislation limiting abor- keep the government doors open. constitutional rights, and I intend to tions after 20 weeks. In line with this We have been here before. In 2013— continue to stand up for women as oth- prevailing view, several States have al- and I remember all too well, as I am ers here play politics with their health ready passed laws limiting late-term sure all of the Members of this Cham- care. abortions. ber do—the impact of that shutdown. It Our colleagues on the other side of I note that Nebraska was actually was devastating. It resulted in eco- the aisle know they don’t have the the first State to pass language like nomic confidence falling to its lowest votes to pass this legislation. They the Federal Pain-Capable Unborn Pro- level in several years. It took $24 bil- know they don’t have the votes to pass tection Act. I was a member of our leg- lion out of our economy and cost us other legislation related to women’s islature at the time, and I was proud to 120,000 private sector jobs. Yet at a health that would limit women’s access be a cosponsor of that piece of legisla- time when we should be coming to the to comprehensive health services. Yet tion that was offered by my good table to do our jobs to avoid a govern- on the eve of a government shutdown, friend, former Nebraska speaker Mike ment shutdown, we are back again they are using precious floor time to Flood. Speaker Flood’s proposal passed talking about limiting women’s access bring these bills to a vote. This is in our unicameral legislature by a bi- to their own health care choices. shortsighted and, furthermore, I think partisan vote of 44 to 5. We had pro- Once again, those who want to limit it is irresponsible. choice Senators, both Republicans and women’s access to health care and take I remember the 2013 shutdown well. Democrats, who supported it. We had away our constitutionally protected The impact on New Hampshire, on this pro-life Senators, both Republicans and rights are threatening to wreak havoc country, was significant. Small- and Democrats, who supported it. Nearly 90 across the entire U.S. economy, just as medium-sized businesses across the percent of our legislature came to- they did in 2013. State suffered from economic disrup- gether and supported that bill. Why? This attack on women is not just at tions and financial losses. Their gov- Well, because it is a piece of reasonable the Federal level; sadly, we are seeing ernment contracts were frozen or they legislation. Americans recognize that it in New Hampshire as well. The New were disrupted. Their SBA loans were and also recognize that opposition to Hampshire Executive Council recently stalled. That shutdown, much like the this legislation is extremism.

VerDate Sep 11 2014 00:44 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.033 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6840 CONGRESSIONAL RECORD — SENATE September 21, 2015 This isn’t a new idea. Eleven States pregnancy. Let me repeat. Nearly 99 called the police to report a rape by her already have protections against late- percent are in the first 21 weeks. So mother’s boyfriend before she could term abortions that are similar to this based on statistics alone, this bill terminate that pregnancy. That kind bill. Science clearly indicates that at won’t make a big difference in the of cruelty is barbaric, and it has no 20 weeks, these babies can feel pain. number of abortions, but for the place in our laws. On this issue, party affiliation should women who get hit, the consequences But this is not just about the tiny not matter. On this issue, whether we can be truly horrific. number of people who must seek abor- declare we are pro-life or whether we Let’s start with the research. Who tions after 20 weeks; this horrifying say we are pro-choice should not mat- are these women? Who are the 1 per- bill that we will vote on tomorrow is ter. These designations didn’t matter cent who get an abortion after 20 just one more piece of a deliberate, me- in my State of Nebraska. We looked at weeks? Who? Women or girls who are thodical, orchestrated rightwing plan the facts. We came together from both the victims of rape, incest, or domestic to attack women’s health and repro- sides of the aisle and passed a sensible, violence and were to frightened to ask ductive rights. A funding cut here, a compassionate bill. Let’s do the same for help any sooner. Who? Women new restriction here, month after here in the Senate. whose doctors have told them that if month, year after year, and Rowe v. We all agree that we must support they don’t end their pregnancy—preg- Wade will be chipped away to nothing. women who find themselves with un- nancies they really wanted—their kid- That is what this is all about. That is planned pregnancies. Too many women neys could fail or their hearts could what this has always been all about. experience despair, pain, and judgment give out or they couldn’t get the chem- We have lived in an America where during an unplanned pregnancy. Rath- otherapy they may need to save their women died in back-alley abortions. er than offering condemnation, we lives. Who? Women who go for an We have lived in an America where should show kindness and under- ultrasound and get the worst possible high school girls tried poisons and coat standing. We should offer assistance for news—that their fetus has a giant hole hangers to try to end pregnancies. We these women, these expectant mothers in its stomach or organs outside its have lived in an America where young who need to know we will continue to body or a deformed head and the fetus woman who faced unwanted preg- support them in the challenging years either has no chance of survival or has nancies took their own lives. We have ahead. a severe abnormality that would mean lived in that America, and we are not I recognize that abortion remains an a short life filled with pain. Research going back—not now, not ever. emotionally charged issue here in this also shows that women who have had We stand here on the brink of an- country, but I also recognize that peo- later abortions are more likely to be other reckless Republican government ple of good will can disagree on the young—very young girls, really—and shutdown. We all remember what hap- matter. I respect those opinions that didn’t understand they were pregnant. pened the last time the Republicans are different from my own. But this They are more likely to live in places shut the government down: $24 billion legislation is not controversial, and it where getting an abortion means driv- was flushed down the drain for a polit- shouldn’t divide us. ing 3 hours or more to find a doctor ical stunt—$24 billion that could have Before us today is a fundamental who will perform one. They are more gone to help mothers and their babies question of whether it is worth pro- likely to be poor and need to save up with prenatal care, better infant nutri- tecting human life capable of feeling money to pay for the procedure. That tion, Head Start classes, medical re- pain. For anyone who believes other- is who gets hit by this. search on birth abnormalities. Instead, wise, I would challenge them to explain I have taken a close look at the Re- the money was flushed away by Repub- when a life is worth protecting if not publican bill to see just how hard they licans who want to play political when she feels pain? Nebraska affirmed get hit. I want to put it right out here games more than they want to help this principle 5 years ago. The rest of in the open for everyone to see. children and families all across this the Nation should do so as well. There are no—I repeat—no excep- country. Thank you, Mr. President, and I yield tions in this bill for the condition of I urge my colleagues to vote no on the floor. the fetus. Even if a woman knows at 20 this terrible bill. Stand up to this I suggest the absence of a quorum. weeks that her child will die imme- rightwing assault on women and fami- The PRESIDING OFFICER. The diately after birth, she would still be lies. Instead of trying to do the job of clerk will call the roll. required to carry that pregnancy for physicians and telling women what is The senior assistant legislative clerk months. best for their own medical care, Repub- proceeded to call the roll. An 18-year-old survivor of rape or in- licans in the Senate should start doing Ms. WARREN. Mr. President, I ask cest must wait until she can provide the job of legislators and get to work unanimous consent that the order for written proof that she received coun- on this Nation’s budget. the quorum call be rescinded. seling from a doctor, and then that I yield the floor. The PRESIDING OFFICER. Without counseling is loaded with hurdles: The The PRESIDING OFFICER (Mr. objection, it is so ordered. counseling must come only from a doc- LANKFORD). The Senator from Mis- Ms. WARREN. Mr. President, I will tor who refuses to perform abortions souri. be honest. I am deep-down furious at and who doesn’t work in an office with Mr. BLUNT. Mr. President, the the Republican scheme to defund another doctor who does. Think about image I am putting up right now beside Planned Parenthood. I didn’t think the it. Prolong the pain and anxiety, and me is the cover of Time magazine from Republican leadership could sink any for anyone who lives in a rural area or June 2014, the first issue in June, June lower than trying to defund women’s anyone who is making it barely pay- 2, 2014. According to the corresponding cancer screenings and access to birth check to paycheck and cannot miss feature story, the baby on this cover, control, but then I saw the bill we are multiple days of work, make it twice Emalyn Aubrey Randolph, was born voting on tomorrow and I felt sick to as hard to get any help. prematurely at 29 weeks into the preg- my stomach. Here we are just days If the victim of rape or incest is a nancy. She weighed 2 pounds and 10 away from another reckless Republican minor, it gets even worse. A girl—a girl ounces. The legislation we are actually government shutdown, and the Repub- who is 10, 12, 14 years old—this girl talking about today, unlike the legisla- licans think the best use of our time is must face the same challenges and tion I just heard described—which we to vote on a bill to give the govern- must provide written proof that she re- may very well talk about later—the ment the power to intrude on the most ported the crime to the police, even if legislation which we are talking about wrenching, intimate, private medical turning in a family member or an- today and which we will vote on tomor- decisions a woman will ever make. nouncing to the world that she has row takes us back only a few weeks be- The Republicans want a debate over been raped could destroy her life in a fore this cover-story baby was born at a 20-week abortion ban, so let’s talk million different ways. I cannot imag- 29 weeks. about exactly what that means. Nearly ine that the Senate would pass a law to We know of lots of cases after 20 99 percent of all abortions take place require a frightened 12-year-old girl to weeks—where we have seen babies sur- within the first 21 weeks of a woman’s submit written proof that she had vive an early birth.

VerDate Sep 11 2014 00:44 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.035 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 21, 2015 CONGRESSIONAL RECORD — SENATE S6841 In 2010, Freida Mangold was born at The fact that the baby at 20 weeks is Shortly my colleagues and I will be 21 weeks and 5 days into her mother’s a baby is obvious to the larger culture. able to cast a vote on the Pain-Capable pregnancy. Both had complications. In fact, this cover story in Time maga- Unborn Child Protection Act. The baby was born, and after intensive zine—no advocate, as a rule, for out- I would like to close by saying a baby care she was able to go home. In Flor- landishly conservative social struc- is a baby, and science tells us they can ida in 2006, Amillia Taylor was deliv- ture—Time magazine tells stories of feel pain. This bill is a commonsense ered by an emergency C-section when young babies fighting for their lives idea. It is broadly supported. I hope the she was 21 weeks and 6 days into that and doctors who are fighting to save Senate will take a step to protect these pregnancy. She received medical care them. lives. and survived. Let me quote from the article. It I yield the floor. In Iowa in 2012, Micah Pickering was says, ‘‘. . . fragile babies being looked The PRESIDING OFFICER. The Sen- born prematurely at 22 weeks and 1 after by a round the clock SWAT team ator from Wisconsin. day. Micah and her family are actually of nutritionists, pharmacologists, gas- Ms. BALDWIN. Mr. President, I rise here visiting with the Senate tomor- troenterologists, ophthalmologists, today to speak in opposition to my Re- row. Micah just turned 3 this past July. pulmonary specialists, surgeons. . . . ’’ publican colleagues who are once again She will be meeting with Members of It concludes: In some ways, the work bringing forward a political attack on the Senate to talk about and to be the of the NICU will always seem like an the freedom of American women to example that her parents will be talk- exercise in disproportion—an army of make their own personal health care ing about of what happened to a baby people and a mountain of infrastruc- decisions. Instead of focusing on im- who was born 22 weeks and 1 day into ture caring for a pound of life. But it is proving access to health care for women, Republicans are pursuing a di- the pregnancy. a disproportion that speaks very well In my State of Missouri, we know of of us. visive policy that jeopardizes women’s a remarkable story where the Cowan That is not me saying that is a dis- health and puts politicians and the family in Kansas City welcomed their proportion that speaks very well of us; government between a woman and her twin sons into the world 39 days apart. it is Time magazine. The value that doctor. Instead of spending our time on Little Carl was so small that his moth- our society places on little 1- and 2- bipartisan budget negotiations, Repub- er Elene could put her wedding ring pound premature babies in the neo- licans are wasting what is precious over his wrist when he was born at 24- natal intensive care unit is remark- time on another failed attempt to strip weeks and 1 day. He weighed barely a able. It speaks well for us, according to funding for critical women’s health pound—twins are often small anyway; Time. programs, denying women the health So many of us have experienced now he was a twin—at that point in the services they need. or have friends—in fact, my guess They have scheduled yet another pregnancy. Thirty-nine days later, his would be that as Members of the Sen- show vote. They know it is destined to twin brother David came into the ate go do hospital visits, nothing is fail, and many believe it is just to pan- world. Carl is busy catching up with more riveting than that moment you der to extreme allies by taking away David in his size as things go on. sometimes get to spend in the neonatal women’s constitutionally protected In St. Louis, Andrew Konopka was unit with a baby who is so little that health care choices. I have to say I ob- born at 23 weeks. Andrew weighed a you don’t know how it survived, but it ject to this dangerous political game. pound and a half. He was born at Mercy has, and you know with the technology Women’s access to quality health care Hospital there. Today he is 8 years old we have today, that baby is very likely isn’t a political game. It is not one for and is doing well. His family lives in to go home. me and many of my other colleagues Webster Groves. When everyone in your family is who join me on the floor today, nor is Also in St. Louis last year, Zeke Mil- healthy, you have a lot of problems. it a game for women and their families ler was born at 27 weeks on December When someone in your family is sick, across the country and in my home 10, 2014. He weighed 2 pounds and 15 you have one problem, and the one State of Wisconsin. ounces. Zeke was in the hospital 111 thing that is the focus in the case of Too many States have enacted what days. He is now 9 months old. Just last these families and these babies is what are record numbers of laws—over 230 of week his parents were excited to hear they are about to do right then, which them in the past 4 years—that restrict that Zeke no longer needs to be on oxy- is everything they can do to save a life a women’s access to reproductive gen. He has passed another milestone. that has all it takes to survive, but it health services and the freedom and Across the State line in Overland just needs some help. right to make her own health care de- Park, KS, at the Overland Park Med- So while the culture is embracing the cisions. ical Center, babies born as early as 23 value of these lives—these little lives The bill before us today would im- weeks of pregnancy are receiving care who can survive—on the one hand, our pose a 20-week abortion ban nationwide in the neonatal intensive care unit. laws really don’t reflect that science and would have real and grave con- Their neonatal unit has been featured has made that almost an indisputable sequences for American families. for its emphasis on what it calls ‘‘kan- argument. We know that babies born 20 Last year I heard from a woman from garoo care’’ because in ‘‘kangaroo weeks after conception can survive. Middleton, WI, who at 20 weeks was care’’ the baby’s parents come and Down the road in Maryland, a doctor devastated to find out that her baby have that skin-to-skin, parent-to-baby says he will end a human life at 28 had a severe fetal anomaly and that contact so that the baby knows for weeks—that is about 7 months—into a there would be no chance of surviving sure there is somebody out there ready pregnancy. Several States and the Dis- delivery. She had to undergo an emer- to take care of it. trict of Columbia allow life to be ended gency termination, and a clinic in Mil- I recognize there is no national con- with an abortion in the ninth month of waukee was the only place in Wis- sensus on the issue we are talking pregnancy. Can anyone on either side consin that would do the procedure, about or even the issue of the early of this debate defend that? If they but because at the time our Republican months of pregnancy. However, the can’t, really you should favor this fair- Governor was set to sign into law a overwhelming majority of Americans ly easy-to-achieve view of this issue. new measure imposing unreasonable know that at this stage—20 weeks— There are only seven countries in the requirements on providers, this par- they are not talking about a clump of world, including ours, that allow this ticular clinic was preparing to close its cells; they are talking about a baby. to happen, these lives to be ended after doors and would not schedule her pro- The baby has 10 fingers and 10 toes. It 20 weeks. These babies can feel pain, as cedure. She and her husband were has unique fingerprints that nobody I just talked about. They have or are forced to find childcare for their two has ever had and nobody will ever have very quickly going to have the ability sons and travel to another State to get again. It has a beating heart. Thanks to survive with some help. the medical care she needed. to advanced ultrasound technology, By the way, the seven countries in- Since hearing this mother’s story, this is about the time when people find clude China, North Korea, Vietnam, Wisconsin’s Republican lawmakers out whether they are the parents of a and the United States of America—not have attempted to enact even more re- little boy or the parents of a little girl. a list I think we want to be on. strictions, including a bill recently

VerDate Sep 11 2014 00:44 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.037 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6842 CONGRESSIONAL RECORD — SENATE September 21, 2015 passed in the Wisconsin State Senate because of a partisan battle with the and emotional than the issue of abor- to ban abortions after 20 weeks with no President over the Affordable Care Act, tion because it goes to the heart of the exceptions for rape or incest. In addi- they are again threatening to shut meaning of life itself. It is about pro- tion, this bill’s medical emergency ex- down the government over another par- tecting those who cannot protect ception is similar to what is included tisan attack on funding for women’s themselves. The story of America is a in Senator GRAHAM’s Federal proposal. health care. These political games history of inclusion and an impulse to It says nothing about the health of the could come at a serious cost to Amer- protect and uplift those who have been mother. ica’s economic strength and the well- on the margins of society, and no The threat in Wisconsin and States being of working families. human being is more on the margin of across the country is clear. When Con- It is time for Republicans to stop society than an unborn child who is gressmen and politicians play doctor, playing dangerous games with women’s seen not as a human life but is seen as American families suffer. This is why health. It is time for Republicans to something that can be dissected, can be my good friend and colleague from stop manufacturing crisis after crisis. torn apart, can be harvested, and the Connecticut Senator BLUMENTHAL and It is time for Republicans to join organs can be sold for research. I have introduced a serious proposal, Democrats and work in a bipartisan That is not the issue we will be de- the Women’s Health Protection Act. manner to keep the government open bating in this vote coming up, but it This proposal would put a stop to these and negotiate a budget agreement that has been debated and it has been sorts of legislative attacks on women’s ends sequestration and invests in eco- raised—I have been on the floor listen- rights and freedoms. Our bill creates nomic growth, invests in our middle ing to a number of these speeches that Federal protections against restric- class, invests in our national security, raised it a number of times—that tions such as the proposal before us and invests in women’s health. somehow Republicans are denying that unduly limit access to reproduc- The PRESIDING OFFICER. The Sen- women health care coverage because we are not wanting to fund an organi- tive health care and do nothing to fur- ator from Indiana. zation, Planned Parenthood, that uses ther women’s health or safety and cer- Mr. COATS. Mr. President, this week some of the most brutal and inhumane tainly intrude upon personal decision- Pope Francis will be making a historic efforts to harvest from unborn children making. It is time that we place our visit to Washington, DC, to address those of us in Congress and millions of organs to sale for the use of research. trust back in women to carefully con- We had that debate and we had that Americans across the United States. sider their options and make their own vote. Unfortunately, we came up short health decisions, and I look forward to While I am not a Catholic, one of the tenets of the Catholic Church that I on that vote. That, in and of itself, is working with my colleagues to advance an issue that we must continue to de- have long respected is adherence and this important legislation. bate and continue to deal with, but the devotion to the sanctity of life. We We know that this week’s Republican issue before us now is the ability to de- have an issue before us regarding the spectacle is not meant to produce a se- bate, discuss, vote, and hopefully pass very essence of what life is and how life rious debate about protecting women’s legislation that is based on science— reproductive health; it is about the is treated in this country. So my col- not on theory, not on ideology but narrow Republican agenda to take our leagues who don’t agree with the legis- based on science. country backward and roll back the lation before us and who don’t even We now know that a child growing in important health benefits for American want us to have a debate on this are the womb of its mother at the age of 20 families. We have seen this with the trying to, through a procedural mo- weeks can experience pain, and we also numerous failed attempts by Repub- tion, stop us from moving forward to now know that under the procedures licans to repeal the protections in the discuss an issue that ought to be de- that are used by Planned Parenthood, Affordable Care Act, protections that bated before the American people and those children are harvested—they are have empowered millions of women certainly before this body. dissected, harvested, some of their or- with more choices and stronger health It is no secret now that the science gans are carefully preserved and sold. care coverage. Today women can fi- has proven that pain can be experi- It is almost beyond comprehension nally rest assured that they will not be enced by an unborn child in the womb. that a nation that has reached out to charged more for coverage just because And the taking of that life—many of us be inclusive to the most vulnerable, they are women, and someone’s mother believe that life begins at conception, that at this point in life for a child can get a lifesaving mammogram with- but even if you don’t adhere to that, it views it as nothing more than some- out the fear of high medical bills. is now a fact, a pure fact, that it is a thing to be harvested. The descriptions Over 75 times, congressional Repub- viable life at the age of 20 weeks and of how Planned Parenthood describes licans have tried to roll back this that life can experience pain. Surgery the cold, calculating, numerical profit measure, which provides health secu- can be provided for that life. Anes- that might occur from the sale of cer- rity and economic security for millions thesia is given to that unborn child in tain organs and the techniques used to of American families. It seems that Re- the womb to prevent it from experi- go into the womb to make sure that publicans would gladly go back to the encing the pain that may result from certain organs are preserved while oth- days where being a woman was a pre- surgery that is trying to correct per- ers are crushed, just goes beyond com- existing condition and when insurance haps an abnormality or some condition prehension. companies could drop your coverage in the womb and give that child an op- Yet to stand on the floor and simply just because you got sick or older or portunity to be a healthier baby and to say Republicans are taking away wom- had a baby. live out the privilege of living. en’s health—no, we aren’t. We are sim- We are not going to go back to those I have spoken a number of times on ply saying we don’t want the taxpayers days, just as we are not going to create this floor about the sanctity of life and to fund an organization that practices a future where politicians in Wash- how we as elected representatives and these methods, that takes the lives of ington take away from freedom and the the American people—people of con- children, and that ignores the pain right of women to make their own per- science and conviction—need to pro- that is incurred in doing so. We want sonal health decisions. I am commit- tect the sanctity of life. In doing so, it to transfer that money to women’s ting to putting a stop to the relentless means that we have to discuss the health organizations—about five times and ideological attacks on American issue of abortion. This is not a pleasant as many in my State as there are families and will continue to fight to or comfortable issue to debate on the Planned Parenthood organizations— ensure that both men and women have Senate floor, but we are not elected to that will provide for every aspect of the freedom to access the health care come here to just discuss and debate women’s health care except for abor- they need. pleasant issues; we are here to face dif- tion. The question before us on that The American people do not want ficult and often emotional issues, to vote was: Should the taxpayer fund Congress playing doctor, and they are face it honestly, to face it openly, and something of this nature? And, unfor- sick and tired of Republicans manufac- to cast our votes either for or against. tunately, we came up short because our turing crisis after crisis. Just 2 years There are few, if any, issues that I colleagues simply would not support us after they shut down the government believe are potentially more divisive in the effort to do so.

VerDate Sep 11 2014 00:44 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.038 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 21, 2015 CONGRESSIONAL RECORD — SENATE S6843 This goes to the soul of the Nation. has the opportunity to learn the gender country detailing the sale of baby parts This goes to who we are. This goes to a of her child. By 20 weeks, there is con- and how they manipulated and delayed country which has been compassionate clusive scientific evidence that a baby the abortions. What we are saying is and reached out to those on the margin can feel pain, they can hear sounds, they delayed an abortion from taking but now turns its back on those who and they can react to sounds. They place so the baby could mature and the are the most vulnerable. It is not just twist, they kick, they yawn, and they parts they were using as their speci- a matter of politics. It is not, as has stretch, and some even open their eyes mens would be of greater value to the been said on the floor, that Repub- and suck their thumbs. But most im- customers they were selling the baby licans want to roll back important portantly, they feel pain. parts to. The heartless way they talked health care coverage for mothers, deny The United States is just one of about these things and the complete women’s health and access to health seven countries with populations of disregard for the life of the baby that is care. It is not a manufactured crisis, a more than a million that allows abor- being dissected are shocking and sick- dangerous game we are playing. How tions past 20 weeks. Other countries ening. can you describe as a dangerous game who join ours in this practice are coun- It is no wonder over the past decade the provision before us on the Senate tries like China and North Korea and Americans have been waking up to the floor that addresses the issue of the ex- Vietnam. scientific facts and the moral implica- cruciating pain a child feels, which we The abortion procedure after 20 tions regarding abortions. There was a now know is scientifically documented weeks is known as late-term abortions. Gallup poll in 2010 that called pro-life and proved in the taking of that life, We have been talking about this on the the ‘‘new normal’’ for Americans. But 3 for the harvesting of that life’s organs? floor, and I think people are pretty fa- years later, in 2013, the Gallup poll How can you describe that as a dan- miliar with it—much more so now than showed that 64 percent of Americans— gerous game? they were just a short while ago. It is that is 2 to 1, a majority of Americans If we treat this with such total irrel- very unpleasant and very shocking. by 2 to 1, which is a very strong major- evance, in terms of what is happening During the procedure the baby is ro- ity—supported banning abortions after here, it says something about our tated and the forceps are used to pull the first trimester. That is just one of country. I deeply regret our colleagues the baby’s legs, arms, and shoulders many polls showing this trend to favor on the other side of the aisle are even through the birth canal. Once this is life. In the first trimester you are only denying us the opportunity to go for- done—because the head is too large—an talking about 12 weeks at that point. ward. We are on a procedural motion incision is made at the base of the What is really interesting about here where they can kill the debate. baby’s skull to allow a suction catheter these polls is that in each of them women always support these bans at a They can prevent us from doing what to be inserted to remove the cerebral higher rate than men. As I have the American people have sent us here material—that is the brains—col- learned from my wife and two daugh- to do—to deal with tough issues, state lapsing the skull and allowing the baby ters, only women can really understand our positions, and let our yes be yes to be completely removed. and our no be no. Once again, we are in Now, I lay this out for you because what is at stake. I had the opportunity to experience a situation now where even that proce- people need to know what inhumane firsthand and be there at the time of dure to get to that point is being de- practices are taking place in America. the birth of my four children and my 12 nied. I regret we are here. When you start to devalue the life of a grandchildren. Life is truly a miracle. I have noticed the discussions on the child just because it hasn’t been born floor have been quite somber. The It is not just the life of a child but also yet, you start devaluing life in general, that of the mother. Thanks to the statements made are made softly. That situations like what happened in Phila- doesn’t mask the kind of emotion and progress of science it is more evident delphia are allowed to occur. than ever that abortion ends life. Med- the kind of passion that many of us As I am sure the occupier of the ical data is now also showing signifi- feel. What it shows is grief. What it Chair remembers very well, in May of cant risks to women’s health and well- shows is the grief over a practice con- 2013, Kermit Gosnell was convicted of ducted in this advanced Nation of ours. being. three first-degree murder charges for Now, what I am going to show—what It is a grief over the fact we are taking killing babies who had been born alive hundreds of thousands and have taken Donelle is going to show—is the baby at his abortion clinic in Philadelphia. she is carrying right now. That millions of lives of unborn children. It Testimony from the trial indicated he shows a special emotion and a special sonogram was taken at 20 weeks. At 20 and his staff snipped the necks of more weeks you can see all the details of the grief over the fact that we know those than 100 infants who survived abortion children are experiencing the pain of baby, and I would like to have Donelle attempts. Viable babies were delivered dismemberment—of arms and legs point out the ear of the baby the and then murdered. Furthermore, being ripped apart, of organs being har- sonogram shows. It is very, very Gosnell endangered the health and vested for sale. clear—the kidney, the heart, the spine, So without the shouting, without the lives of the women who came to his the teeth, the lips, and the brain. Now, accusations, it is a sincere belief and clinic by reusing disposable medical that was 20 weeks. grief over what is happening in this equipment, performing procedures in What we have here in the United country. As has been stated by my col- unsanitary conditions with unsanitary States is an opportunity for those in leagues, only seven other countries in instruments, overdosing them, and favor of abortion to go far longer than the world allow this kind of practice. It causing serious injuries to their bodies. just the 20 weeks. They can go all the is shameful that one of those countries On at least two occasions women died way up to, in America, the time of is the United States of America. after visiting his clinic. Talk about a birth. All they have to do is show the Mr. President, I yield the floor. war on women, this guy is on the front health of the mother is at risk and this The PRESIDING OFFICER. The Sen- lines. can be done. The Pain-Capable Unborn ator from Oklahoma. The Commonwealth of Pennsylvania Child Protection Act would ban these Mr. INHOFE. Mr. President, first of turned its back on these women when abortions and protect these babies. all, I am going to make a reference to it never once inspected the clinic in 17 We have 46 Senators signed to the a 20-week sonogram. I will introduce, years, despite receiving complaints bill. The House has passed its own however, Donelle Harden. I am a little against Gosnell and being notified that version, and I think we have the oppor- bit biased, but I think she is the best a woman died in the clinic. Pennsyl- tunity to take a major step forward. communication director in the U.S. vania Department of State wouldn’t in- That is what this is all about. I have Senate, and you can see she is 31 weeks vestigate the complaints they received. hope. I have run into so many people pregnant. At the conclusion of my re- These kinds of things can happen when who have not had the opportunity to marks, I want to demonstrate clearly human life is considered disposable. get some of the graphic details of what what a 20-week sonogram looks like This year, we have seen 10 videos re- Planned Parenthood has been doing in and what a baby does look like. leased by the Center for Medical murdering these babies and selling By 20 weeks, a woman has reached Progress, showing Planned Parenthood their parts, but I hope this is an oppor- the halfway point of the pregnancy and executives and employees across the tunity.

VerDate Sep 11 2014 02:57 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.040 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6844 CONGRESSIONAL RECORD — SENATE September 21, 2015 We are going to have a vote so that 15,000 late-term abortions are per- align ourselves with on this particular we will have an opportunity to do this, formed each year in the United States. human rights issue? and I am very hopeful some of these Many of those babies could have sur- Many of us in this Chamber actively Senators who have not acknowledged vived if instead of being aborted they supported the Americans with Dis- this is going on, that they will do so. had been born in a hospital and given ability Act. Could anyone here support This is what it is all about. This is medical care. an abortion after 5 months because the what the baby is, and this is what we Late-term abortion procedures are so unborn baby had a cleft lip? What have the opportunity to reform in our brutal, it is difficult to even talk about about a late-term abortion of a baby system. them. Americans would rightly shrink with hemophilia? Under current law, it With that, I yield the floor. in horror from performing one of these is quite possible to destroy unborn ba- I suggest the absence of a quorum. procedures on an animal. How, then, bies with these or other more serious The PRESIDING OFFICER. The are we allowing these procedures to be abnormalities in utero. I believe these clerk will call the roll. performed on our children? babies’ lives have the same value as The senior assistant legislative clerk Right now only seven countries in those of other unborn babies without proceeded to call the roll. the world allow elective abortion after disabilities. Mr. THUNE. Mr. President, I ask 5 months of pregnancy. It is hard to be- There are some who say they cannot unanimous consent that the order for lieve the United States is one of them. support this legislation. I say to them, the quorum call be rescinded. Among those countries are China and if you do not support restrictions on The PRESIDING OFFICER. Without North Korea. Unfortunately, our coun- abortion after the fifth month of preg- objection, it is so ordered. try is on that list. I suggest that might nancy, when some babies born pre- Mr. THUNE. Mr. President, this week not be the company we want to keep maturely at this stage now are sur- the Senate is considering the Pain-Ca- when it comes to protecting human viving long-term, then what exactly is pable Unborn Child Protection Act. life. your limit on abortion? This legislation would protect unborn A society is measured by how it Scientists say the unborn child can children who have reached the age of 20 treats its weakest and most vulnerable feel pain perhaps even as early as 8 weeks—that is 5 months of pregnancy— members, and we have been failing weeks and most certainly by 20 weeks’ from being killed by abortion. some of ours. But we have a chance fetal age. The American people over- Five months into a pregnancy, babies with this legislation to start fixing whelmingly support restrictions on are sucking their thumbs, they are that today. late-term abortions. yawning and stretching, they are ac- Ultimately, it is very simple: That Doctors tell us that about a quarter tively moving around, they respond to unborn baby—the one with the fingers of the babies born prematurely, around noises, and they feel and respond to and toes, who sucks her thumb and re- 5 months, will survive long term if pain. sponds to her mother’s voice—that un- given proper medical assistance. The scientific evidence on this point born baby is one of us, and as such she Dr. Colleen Malloy, an assistant pro- is incontrovertible. Five months into a deserves to be protected. I hope the fessor of pediatrics at Northwestern’s pregnancy, unborn babies feel pain. United States Senate will vote in sup- School of Medicine, testified before a Their stress hormones spike, and they port of protecting our unborn and vote congressional panel just 3 years ago shrink from painful stimuli. In fact, in favor of this legislation when we that infants born at 20 weeks’ fetal age some scientific evidence suggests that have that opportunity tomorrow. now are ‘‘kicking, moving, reacting, babies of this age feel pain more keenly I yield the floor. and developing right before our eyes in than adults since some of the neural The PRESIDING OFFICER. The Sen- the Neonatal Intensive Care Unit.’’ She mechanisms that inhibit pain don’t ator from Iowa. explained that treatment of neonatal fully develop until after birth. Mr. GRASSLEY. Mr. President, the pain is standard in such cases and Babies are regularly born weeks or Pope’s visit this week to our Nation’s added that there is no reason to believe months early in this country and with Capital reminds us all of how very im- an infant born prematurely would feel medical care survive and often thrive. portant it is to show compassion and pain any differently from the same in- A Time magazine article from May concern for the most innocent and vul- fant if still in the womb. 2014 that highlighted the tremendous nerable among us. Unborn children who We also have the statements from Dr. advances that have been made in the fall into this category are entitled to Anthony Levatino, a practicing gyne- treatment of premature babies noted the same dignity all human beings cologist with decades of experience. Dr. that 76 percent of babies born at 25 share. This is true even when their Levatino estimates that he performed weeks of pregnancy—or about 6 presence might be uncomfortable or over 1,000 abortions in private practice, months—will go on to leave the hos- create difficulties, the Pope reminds until his adopted daughter died in a car pital. us. crash. The death of his child was a life- A May 2015 article of the New York We are now considering moving to a changing event that ultimately led him Times entitled ‘‘Premature Babies May bill known as the Pain-Capable Unborn to stop performing abortions. Dr. Survive at 22 Weeks if Treated, Study Child Protection Act. This legislation Levatino testified before the House Ju- Finds’’ highlighted a recent study pub- would make no change to our abortion diciary Committee—again, 3 years lished in the New England Journal of policy in the first 20 weeks of preg- ago—that performing an abortion on a Medicine reporting on successes in nancy. At 20 weeks of fetal age, when 24-week-old child is painful for that un- treating extremely early premature the unborn child can detect and re- born baby. In the words of Dr. births. One baby mentioned in the New spond to painful stimuli, the bill would Levatino, ‘‘If you refuse to believe that York Times article, Alexis Hutchinson, impose some restrictions on elective this procedure inflicts severe pain on was delivered at 22 weeks and 1 day. late-term abortions. Such a change to an unborn child, please think again.’’ She weighed 1.1 pounds at delivery. existing law would put us in line with Scientific studies confirm what Dr. Today, the Times reports, ‘‘aside from the vast majority of other countries Levatino has noted—that the unborn being more vulnerable to respiratory around the globe. can experience pain after the fifth viruses, Alexis is a healthy 5-year-old I want to emphasize that the United month. In fact, at least one medical girl.’’ Let me repeat that. Alexis States is in the small minority of coun- school professor says it is indisputable Hutchinson, who was born at 22 weeks tries around the world that allow abor- that unborn babies can react to painful and 1 day—or approximately halfway tion on demand after the fifth month of stimuli as early as 8 weeks after con- through her mother’s pregnancy—is pregnancy. As some of my colleagues ception. today a healthy 5-year-old girl. Yet, have mentioned earlier, we are just one Dr. Maureen Condic, a neurobiology under the laws of this country, a baby of seven countries that take this un- professor who earned her Ph.D. at of the very same age can be killed by usual position. China, North Korea, Berkeley, explains that the unborn abortion. and Vietnam are among the other child at this stage of development re- The Centers for Disease Control and seven. Are these countries really the acts to painful stimuli just as other Prevention estimates that more than ones we in the United States want to human beings do at later stages. In

VerDate Sep 11 2014 00:44 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.041 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 21, 2015 CONGRESSIONAL RECORD — SENATE S6845 both the case of the unborn child and didn’t care about the health of the a Federal law. Thirteen States main- human beings at later stages of devel- women. tain prohibitions of abortion at 20 opment, the response is the same: to Extremely experienced doctors like weeks. This includes my home State of actively withdraw from the painful Dr. Levatino, whom I mentioned ear- Kansas. It is now time for the Senate stimulus. lier, also tell us that abortion is ‘‘sel- to act and ensure that this practice is As stated in a paper written by Dr. dom if ever a useful intervention’’ banned all across the Nation. I encour- Condic: when life-threatening conditions re- age my colleagues to unite on this The scientific evidence that the human quire immediate care late in preg- issue and support this critical legisla- fetus can detect and react to painful stimuli nancy. In most of these late second and tion. as early as 8 weeks . . . is indisputable. The third trimester cases, any attempt to The PRESIDING OFFICER. The Sen- neural circuitry responsible for the most perform an abortion ‘‘would entail ator from Montana. primitive response to pain, the spinal reflex, undue and dangerous delay in pro- Mr. DAINES. Mr. President, the is in place by eight weeks. . . . Connections between the spinal cord and the thalamus, viding appropriate, truly life-saving Pain-Capable Unborn Child Protection the region of the brain that is largely re- care.’’ The number of babies whose Act will do exactly that: protect un- sponsible for pain perception in both the lives Dr. Levatino had to terminate in born children who can feel pain. Stud- fetus and the adult, begin to form around 12 such cases was zero, he testified. ies have shown that babies can feel weeks, and are completed by 18 weeks. The bill we are talking about that we pain by 20 weeks or 5 months into preg- Babies delivered prematurely also are going to vote on tomorrow is a nancy, and it is unconscionable to sub- show pain-related behaviors, according commonsense measure aimed at pro- ject a child, at any stage in their life, to Dr. Condic. Also, the earlier infants tecting women and children across the to such pain. are delivered, the stronger their re- country. I urge my colleagues to em- Anesthesiologists protect these chil- sponse to pain is, she reports. It is per- brace the sanctity of human life and dren from the pain of surgery in the haps for this reason that many doctors vote to move to this bill so it can at womb. Today these premature babies use anesthesia when operating on late- least be considered. have a one in four chance of living a term babies in utero. Research sug- I yield the floor. full and complete life. gests that these babies do better and The PRESIDING OFFICER. The Sen- Do a quick Google search and type in recover faster when anesthesia is used ator from Kansas. ‘‘20-week baby’’ or ‘‘20-week baby pic- Mr. ROBERTS. Mr. President, I first during utero surgery. tures.’’ Take out your smartphone and want to commend the Senator from Many expectant mothers today are Google it. The results of that search Iowa. Senator GRASSLEY has done a encouraged to talk to their babies in will pull up something like you see great job of a detailed report on why utero or play soft music for the babies’ here to my right—a baby whose facial this bill is so extremely important, and benefit. Unborn babies can hear as features are clearly visible. In fact, early as the fifth month and find their I thank him for his comments. My remarks will be somewhat abbre- only seven countries in the world allow mom’s voice soothing, new research babies 20 weeks or older to be aborted— suggests. Babies even learn while in viated. Today I rise to speak about this very important legislation, absolutely seven countries. The United States is the womb, absorbing language earlier one of them, along with North Korea than previously suspected, according to crucial legislation the Senate is con- sidering tomorrow. Like so many and China, to name a few. another report. Regardless of whether Overwhelmingly, Americans support you characterize yourself as pro-choice Americans, I agree that we have a re- sponsibility to protect those who can- this commonsense legislation. Accord- or pro-life, common sense tells us that ing to a November 2014 poll, 60 percent if such techniques work to soothe the not defend themselves. That is why I am a cosponsor of the Pain-Capable of Americans support a ban on abortion unformed baby, then the reverse likely at 20 weeks, including nearly 60 percent is true as well. Late in pregnancy, un- Unborn Child Protection Act—this critical legislation which simply pro- of American women. This is a bill that born babies aren’t impervious to dis- a majority of the American people are memberment with steel tools in utero. hibits abortions after an unborn child reaches 20 weeks of development. behind, protecting babies after 20 Some say abortion saves and helps weeks when they can feel pain. women. Remember that 5 years ago a Scientific evidence—Senator GRASS- LEY reported about that—has shown We must continue to fight for the woman walked into a Pennsylvania most vulnerable in our society—the el- abortion clinic expecting that she that after 20 weeks, a child’s brain has developed to a point where they can ex- derly, the disabled, and the unborn—for would have her pregnancy terminated they don’t have a voice up here on Cap- and would walk out of that clinic with- perience pain. With modern medical advances, even children born at this itol Hill. Their right to life is protected out major side effects. She was 41 years by our Constitution and is part of the old and 19 weeks pregnant. She had early stage have a chance to survive. It is appalling that the United States is framework of the Declaration of Inde- three children and was a grandmother. pendence, and because of that, we She and her daughter entered the clin- one of only seven countries where elected abortions after 20 weeks are speak up. ic, but she never made it out alive. Her During the Gosnell trial, we all name was Karnamaya Mongar. She was legal. How can our country take pride in protecting human rights when we learned about the gruesome methods of one of the many victims of Kermit continue to allow this practice to hap- ending the life of just-born children by Gosnell. He operated a clinic in West pen within our own borders? using a method similar to dismember- Philadelphia for four decades. He made A poll conducted by the Quinnipiac ment, which occurs in several clinics a living by performing abortions that University found that a majority of throughout our country. Science tells no other doctor should ever do. The Americans now support the banning of us that this method causes pain to the grand jury report that framed the case this abhorrent practice. Representing baby, some of whom were a little over around Kermit Gosnell stated: the values shared by a majority of 20 weeks old. ‘‘Gosnell’s approach was simple: keep Americans should be a bipartisan ef- Why do we allow these late-term volume high, expenses low—and break fort. We need to work together to pro- abortions? If Gosnell aborted these the law. That was his competitive tect innocent life. children moments before they were re- edge.’’ So many Americans are troubled by moved from the womb, would the loss According to the grand jury report: the recent videos of Planned Parent- of life have been any less tragic or less The bigger the baby, the bigger the charge. hood employees selling fetal tissue for appalling? Ultrasounds were forged so that the Govern- We cannot stand idly by and allow ment would never know how old aborted ba- a profit. Those videos have helped the bies truly were. Babies were born alive, American people understand exactly such painful terminations of human killed after breathing on their own, by stick- what life at conception means. This life to continue. We must continue to ing scissors into the back of the baby’s neck legislation is a line of defense for pro- be a voice for those who don’t have a and cutting the spinal cord. These were live, tecting unborn children from Planned voice. The Senate needs to join the breathing, squirming babies. Parenthood’s unconscionable practices. House of Representatives and get this This doctor didn’t care about the I commend the States that have legislation passed and on the Presi- well-being of these aborted babies. He stopped this practice in the absence of dent’s desk.

VerDate Sep 11 2014 00:44 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.044 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6846 CONGRESSIONAL RECORD — SENATE September 21, 2015 I yield back my time. ensuring that taxpayer dollars would abortions after 20 weeks. Think about I suggest the absence of a quorum. continue to be offered to community that. On that short list, by the way, The PRESIDING OFFICER. The health organizations to continue to are North Korea and China. What does clerk will call the roll. provide health services to women that say about our national character The senior assistant legislative clerk across my State of Ohio and across if we know these unborn children are proceeded to call the roll. America. By the way, there are seven feeling excruciating pain, yet we Mr. PORTMAN. Mr. President, I ask times more community health organi- choose not to act? When our Founders unanimous consent that the order for zations in the State of Ohio than there declared our independence, they wrote the quorum call be rescinded. are Planned Parenthood clinics. So this of certain unalienable truths endowed The PRESIDING OFFICER (Mr. is an opportunity for us to shift that by our Creator, they said, and among DAINES). Without objection, it is so or- funding to where women can get the them, of course, are life, liberty, and dered. health care support they need. These the pursuit of happiness. Life is the Mr. PORTMAN. Mr. President, I ap- health care issues for women are a na- very first one. So let’s stand together preciate the opportunity to speak to- tional priority and should continue to today and take a unified step toward night. I am rising in strong support of be. We need to strengthen women’s protecting life. the Pain-Capable Unborn Child Protec- health initiatives without having to This is a commonsense bill. It has tion Act. This is an opportunity for all fund Planned Parenthood from the pay- the support of the American people. I of us to give voice to the unborn. checks of American workers. urge my colleagues on both sides of the The fight to preserve the sanctity of The pain-capable legislation that is aisle to help provide a voice for those life is something I have consistently currently being debated here on the who cannot provide that voice for and proudly supported. I am proud of floor is really about science, and it is themselves, to take this important my record with regard to supporting about advances in medical technology. step toward holding up the sanctity of the sanctity of life. I am proud of my Scientific evidence now tells us that at life, and to pass this important legisla- 100-percent pro-life voting record by the age of 20 weeks post fertilization, tion. supporting legislation in the House and an unborn child can feel pain. It is time Thank you, Mr. President. now here in the Senate. to recognize this fact and take the nec- I yield the floor. Earlier this year I reintroduced the essary steps to protect unborn children The PRESIDING OFFICER. The Sen- Child Custody Protection Act. It pre- and welcome them to life. I believe this ator from Oklahoma. vents the transportation of minors legislation is a very important part of Mr. LANKFORD. Mr. President, we across State lines for the purposes of that overall goal. as a Nation treat bugs in a very unique eluding parental notification laws. I have visited the neonatal units at way. There is a little bug called the This is a big deal in my State. The leg- the great children’s hospitals in my American burying beetle. They are in islation simply says that parents have home State of Ohio. I have seen the many areas of the country. They are the right to be involved in their kids’ amazing work that is done there by our all over Oklahoma. In southeastern most important decisions. It is sup- doctors, nurses, and other medical pro- Oklahoma, in a lot of areas where there ported, by the way, by an over- fessionals. It is incredible. I encourage is commercial construction, we have to whelming majority of Americans. Pa- all of my colleagues to make visits in wait through the early part of the rental notification laws are key to re- their own States. I have seen firsthand spring because, in the springtime, the ducing the number of abortions in this this amazing work. I have seen as they American burying beetle lays little country and should be supported. We help babies who were born extremely eggs and those eggs multiply in the should not allow parental notification premature come to life. It is inspira- ground and little bugs start crawling laws to be circumvented. tional to see what they are doing. up. The folks at the Fish and Wildlife I understand that there are raw emo- These newborns represent the miracle Service tell us not to step on those tions that are evoked by these issues, of life, and it is our duty to make sure bugs because they could possibly be and I know there are fundamental dis- they are protected. We have seen ad- threatened, and construction needs to agreements on the issue of abortion. vances in neonatal care to allow these stop during the springtime so the However, I hope there are steps we can babies to survive and to live to their Earth is not disturbed during that time take to promote a culture of life, and I full potential. Just a few years ago this period. We don’t want to disturb the think passing the Child Custody Pro- was not necessarily the case, so these Earth because those eggs might be tection Act is certainly one of those. I medical advances have been really ex- damaged, and we will have fewer of the hope the Senate will take up that legis- citing, and it is one more reason to American burying beetle. lation soon so that we can indeed come pass this legislation. I bring that up not because I am so together as a group and promote the As we continue to enhance our med- enamored with that bug, but because sanctity of life. I think another way to ical technologies, more and more peo- our Nation has a history of protecting do this is to support the pain-capable ple are able to see that we are not talk- life—life wherever it may be—whether legislation I will talk about in a mo- ing about unviable fetuses, but unborn it is a burying beetle in southeastern ment. children who could one day grow up Oklahoma or whether it is a child. Along with millions of other Ameri- and become part of our American fam- For some strange reason, in this cans, I have watched these deeply dis- ily. As a result, increasingly, the room, the conversation tends to go turbing Planned Parenthood videos American people believe that ending a more towards the American burying that were recently released. The videos child’s life should be as rare as possible beetle and their eggs and protecting graphically show how some at Planned and that we should work together to that bug than it is about protecting Parenthood view the unborn as some- reduce the number of abortions per- children. So I bring up today some- thing to be exploited and not as pre- formed in this country. That is thing that I don’t think should be that cious life that deserves to be protected. progress. controversial. What are we going to do Because of the shocking nature of The debate on this legislation is not with children who can feel and experi- these videos, congressional committees just about morals or values or religious ence pain? Will we as a Nation guard of jurisdiction are properly now inves- views. It is about protecting innocent children? That would be a pretty tigating. Beyond that, I call on the life from a painful act that they do not straightforward thing, I would say. Obama administration to begin a deserve. We have a responsibility to In 1973 the Supreme Court of the criminal investigation into this matter protect unborn children and give them United States struggled with how to be to determine if employees of a feder- the chance to succeed. This legislation able to define life. This whole con- ally funded organization have violated and this vote before us here tomorrow versation the Supreme Court had be- the law. These acts must not be toler- in the Senate is an opportunity to hind closed doors as they struggled ated. make that happen. with a decision that we now know as Last month I cosponsored and voted The United States of America is only Roe v. Wade. In January of 1973, after for legislation that would end Federal one of only seven countries in the struggling behind closed doors, the Su- funding for Planned Parenthood while world to provide and allow for elective preme Court came out with a decision

VerDate Sep 11 2014 00:44 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.045 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 21, 2015 CONGRESSIONAL RECORD — SENATE S6847 that was brand new to American law, country—not all but in many places in ming’s biggest hospital to get the best coming from actually common law, our country—that child can still be ex- kind of care we could find. When my and that was viability. What used to be ecuted in the womb and no one would wife, Diana, and I would visit her, the in common law when they would dis- bat an eye. nurses often told us it wasn’t looking cuss quickening, when the child could This is a conversation our Nation good. We were even asked if we had had kick and move, they would now con- needs to have. I can’t imagine it would Amy baptized. When we said she was, a sider this child a child worthy of pro- be controversial to make a simple relieved nurse said, ‘‘Good. We’ve never tection. They asked the question: When statement. When a child can feel pain, lost a baptized preemie.’’ is it possible for a fetus to be alive? In when a child is viable—even the Su- Amy is a fighter, and she lived. January of 1973, they said they would preme Court from 1973 would look at Today, she is a teacher in Wyoming, have to leave it up to medical tech- this time period and say that is viabil- and Diana and I were so proud to see nology as to when that child would be ity—at that moment, should we as a her get married last year. What I viable. nation step up and protect children? learned from watching Amy is how Fast forward up to today. Let’s talk This shouldn’t be about whether a hard a 6-month old baby struggles to about when a child is considered viable. child can feel pain. We know that child live. I want babies like Amy to be pro- Let’s talk about what happens now. We can feel pain. It is not even about via- tected. I firmly believe that every life know at 20 weeks that child can re- bility. We know that child is viable. In demands our respect as a special gift spond to different stimuli. That child fact, I know her name. It is about when from God, and I urge my colleagues to feels pain. That child can respond to our laws catch up to our morals and to support the Pain-Capable Unborn Child normal things that are happening our science. Protection Act as a step in the right around it. I can distinctly remember, Late-term abortions in many areas of direction. with both of my daughters, my wife our country are already illegal. Let’s The PRESIDING OFFICER. The Sen- and I went in at 20 weeks to be able to address this. As a people and as a na- ator from Oklahoma. look at the sonogram because at 20 tion, I am asking a simple thing. When f weeks, that was the first time the doc- we know the child can feel pain, when tor could say whether we were going to we know they are viable, let’s treat MORNING BUSINESS have a boy or a girl, and we could see them as a child. Let’s honor that child Mr. LANKFORD. Mr. President, I ask the health of my two daughters. That as alive, and let’s say we don’t do abor- unanimous consent that the Senate be was a big day for us, to be able to go in tions when we know that child is via- in a period of morning business, with and see the sonogram and to know it is ble. It is a straightforward issue that I Senators permitted to speak therein a girl and to be able to watch them hope will not be controversial. This is for up to 10 minutes each. move around in the womb, to dream not about women’s health. This is The PRESIDING OFFICER. Without about what her name would be and about the health of little boys and lit- objection, it is so ordered. what they would look like. Now one tle girls who need our Nation to stay f daughter is in college, and one is in with them. 20TH ANNIVERSARY OF THE This bill we can pass. A lot of impor- high school. But the first time I ever AFTER-SCHOOL ALL-STARS laid eyes on them, they were 20 weeks tant things we are dealing with—the old, when we got a peak into the womb budget, the Iran nuclear negotiations— Mr. REID. Mr. President, today I rec- with the sonogram. but can we not stop for a moment and ognize the 20th anniversary of the This bill asks a simple question, this say our Nation will guard our most After-School All-Stars of Greater Las bill that deals with pain-capable. This vulnerable? Can we not protect our Vegas, NV. pain-capable bill asks the question: Is children? I think we can do both. In 1995, Elaine Wynn established the the child alive at five months, when I yield back. Greater Las Vegas Inner-City Games to the baby can kick, suck its thumb, Mr. ENZI. Mr. President, I rise today provide thousands of young Nevadans stretch, yawn, make faces; when med- in support of the Pain-Capable Unborn with a fun, safe, and positive place to ical science tells us they can experi- Child Protection Act, which protects go during after-school hours. In 2003, ence pain, is that child alive? unborn babies who are capable of feel- the program was expanded to include Recently The New York Times did a ing pain from abortions. I am proud to more services and the program was report studying this one issue about be a cosponsor of the Senate version of transformed into the After-School All- children that are born extremely this bill and applaud our Leader for Stars. early—at this exact time we are dis- bringing the bill to the floor. Over the past two decades, After- cussing right now—how many of the According to the National Library of School All-Stars has provided more children that are born even that early Medicine, a baby’s major systems and than 120,000 underprivileged Southern make it. The New York Times’ latest structures develop at week 5 of fetal Nevadans with a free and comprehen- study said more than 25 percent of development. Blood cells, kidney cells, sive after-school program. Today, the them make it. and nerve cells develop at this time; After-School All-Stars program has Let me tell my colleagues about one and the baby’s brain, spinal cord, and reached 12 states, including the Dis- of them. Her name is Violet. She is the heart begin to develop. During the trict of Columbia. daughter of a friend of mine. She is a sixth and seventh weeks, a baby’s brain After-School All-Stars takes pride in pretty amazing young lady. She was forms into five different areas and a providing its students with the oppor- born at this exact date we are dis- baby’s heart beats at a regular rhythm, tunity to participate in exciting and cussing, and she was born at 14 ounces. with blood pumping through the main engaging activities, while also building She would fit into your hand, less than vessels. Lungs start to form during self-esteem. This important program a pound. That tiny little girl who had week 8, and all essential organs have teaches its participants the value of such a tough start is a 1-year-old now. begun to grow by week 9. saying no to drugs and yes to hope and She is not 14 ounces, she is 15 pounds The National Library of Medicine re- offers students academic support, en- and—thanks for asking—she is doing ports that a baby’s face is well-formed richment activities, and health and fit- great. She is healthy and strong and between weeks 11 and 14. Bones become ness awareness. Through its mission, she is beautiful. You ought to see her harder between weeks 15 and 18, and After-School All-Stars is working to beautiful face with the bow on the top the baby’s liver and pancreas produce graduate students from high school, of her head—a sparkling little girl. She secretions. Between weeks 19 and 21, a prepare them for college and future ca- was born at 14 ounces. baby can hear and swallow. reers, and encourage them to give back I am asking our Nation to think Some of my colleagues are aware to their communities. about this again. The discussion in 1973 that this issue is very personal for me. This organization has impacted the about viability needs to catch up to the Our daughter Amy was born three lives of Nevada students for 20 years, science of today. At 14 ounces and at 5 months premature. She weighed 2 and I applaud the After-School All- months of gestation, that little girl is pounds and the doctor’s advice was to Stars program of Greater Las Vegas for doing great. Yet in many places in our wait and see. We took Amy to Wyo- their dedication to improving the lives

VerDate Sep 11 2014 02:16 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.047 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6848 CONGRESSIONAL RECORD — SENATE September 21, 2015 of at-risk students throughout South- service, John leaves our Army, our Na- McHugh for all he has done for our Na- ern Nevada. I congratulate the pro- tion, and our world both safer and tion. We thank him for his dedication gram’s board of directors, staff, and more secure. Moreover, his tireless ad- and sacrifice. We wish him all the full- volunteers on decades of success and vocacy and bold leadership for our sol- est measure of peace and happiness as wish them the best in the years to diers, civilians, and their family mem- he boldly takes on new challenges in come. bers are legendary. From improve- the next phase of his life.∑ f ments in family and mental health pro- f grams to unprecedented strides in com- OBSERVING NATIONAL POW/MIA bating sexual assault and suicide, John TRIBUTE TO PINKY KRAVITZ RECOGNITION DAY M. McHugh has truly earned the oft- ∑ Mr. MENENDEZ. Mr. President, Mr. CRAPO. Mr. President, today I stated moniker of ‘‘The Soldier’s Sec- today I am honored to recognize Mr. wish to join Americans across our retary.’’ Pinky Kravitz on the occasion of his great Nation in recognizing National Raised in Watertown, NY, John retirement from the WOND-AM 1400 POW/MIA Day—a day to honor pris- served as assistant city manager and after many years of remarkable broad- oners of war, POW, and those missing went on to serve four terms in the New casting throughout the Garden State. in action, MIA. York State Senate. From there, this Mr. Kravitz could be heard over the Throughout the history of our Na- great leader was asked to run for Con- airways for more than 59 years as a tion, Americans have answered the call gress, ultimately representing his dis- radio broadcaster. He started his illus- of duty to defend our country and its trict in the House of Representatives trious career first in 1956 as the host of interests. They bravely step forward for nearly 17 years, and rising to be the a live call-in show on WLDB-AM, now knowing of the sacrifices they may en- ranking member of the House Armed known as 1490 WBSS. Since 1958, he has dure. At home, we enjoy the security Services Committee. continuously hosted numerous radio and freedoms they have fought to en- As Congressman McHugh dem- programs with WOND-AM 1400, includ- sure. We must not forget the costs of onstrated repeatedly, it takes thought- ing Pinky’s Corner, a live call-in pro- our freedoms and the Americans who ful, determined, and visionary leader- gram, and WMGM Presents Pinky, a sacrificed for our country. We must be ship to ensure the security of our Na- weekly television program. Addition- tion. As a Representative of the 24th resolute in our duty to bring them ally, his written word could be heard and later the 23rd District of New across numerous publications and home should they go missing or be York, which includes one of our most newspapers, most recently for the taken prisoner when serving our Na- important Army posts, Fort Drum, Press of Atlantic City. His radio show tion. John ensured that cutting-edge facili- was one of the longest-running shows The safe return of those who have ties and programs supported our in the country, proof of his wide appeal gone missing in action or are prisoners warfighters. To say that Fort Drum is and heartfelt reporting. of war remains at the forefront of my the ‘‘House that McHugh Built’’ is very Known widely as ‘‘Mr. Atlantic City’’ thoughts and prayers. Likewise, the apropos. From MILCON projects to due to his promotion of the area, Mr. challenges of families of missing serv- weapons systems, the soldiers, civil- Kravitz was the unshakable spokesman icemembers as they await the return of ians, and families of that historic post of Southern New Jersey. A fierce advo- loved ones cannot be forgotten. POW/ were always cared for and supported, cate for the region, his voice was un- MIA families and veterans have re- and John ensured that the 10th Moun- mistakable, as he consistently sought mained committed to the pursuit of tain Division had all of the tools it to highlight the very best of what facts. Finding resolution for military needed to be at the tip of the spear of makes New Jersey great. His in-depth families, who have supported the brave our Nation’s defense. Moreover, his ex- programming spoke to many, as he res- men and women who protect our free- ceptional work as the cochair of the onated with the hearts and minds of doms, must also remain a priority. Army Caucus for over 15 years and as a our friends and neighbors. Mr. Kravitz We cannot forget the remarkable critical member of the West Point represented the very best of engaging, service of those who put their lives on board of visitors was instrumental in informative, entertaining, and respon- the line to secure the return of missing improving Congress’s understanding of sible broadcasting. military personnel. Those courageous the Army’s needs. In addition to these and many more Americans and their families deserve During his tenure as the second-long- accomplishments, Mr. Kravitz was the gratitude for the work they do to bring est serving Secretary of the Army, first inductee into the New Jersey Americans home. John M. McHugh has been at the very Broadcasters Hall of Fame in 2012, a Thank you for the service of our Na- forefront of national military strategy, testament to his impact on the indus- tion’s servicemembers, their families, policy, and programs. His expert lead- try. He was also the first recipient of and all those who work to ensure the ership, bold initiatives, and pragmatic the New Jersey Broadcasters Associa- return home of America’s best and management of the oldest and largest tion, NJBA, Lifetime Achievement bravest. military service has ensured that our Award. f Army remains the finest fighting force I was honored to appear on Mr. Kravitz’s radio show on several occa- ADDITIONAL STATEMENTS the world has ever known. And it has been no easy task. sions. He was always the utmost pro- John presided over some of the fessional while embracing the nature of TRIBUTE TO SECRETARY JOHN toughest missions the Army has ever substantive, meaningful journalism. MCHUGH faced. From overseeing one of the larg- For many years, his radio and tele- est retrogrades in military history; vision shows consistently sought to ∑ Mr. INHOFE. Mr. President, on be- while holding the Army together as it provide the region with a unique and half of myself and the senior Senator was hit by sequestration; to reorga- fair perspective while maintaining a from Rhode Island, Mr. REED, who nizing, revamping, and restructuring sense of familiarity and comfort, an ac- serves as the cochair of the Senate our force, while our soldiers conducted complishment in and of itself. Army Caucus, together with the mem- combat operations around the world, I recognize, commend, and applaud bers of the caucus, I proudly wish to Secretary McHugh led with distinction Mr. Pinky Kravitz in light of his ex- pay tribute to the Honorable John M. and results. traordinary service to WOND-AM 1400 McHugh, former Member of the House Of particular note, John’s determina- and his unwavering dedication to the of Representatives, colleague, friend, tion, devotion, and love of our airways of New Jersey.∑ and inspirational leader as he leaves servicemembers ensured that our most f his current post as one of the longest sacred and hallowed ground, Arlington serving Secretaries of the Army in U.S. National Cemetery, overcame years of MESSAGES FROM THE PRESIDENT history. neglect and transformed its manage- Messages from the President of the To say this patriot has faithfully ment and oversight. United States were communicated to served his country is an understate- With profound admiration and deep the Senate by Mr. Williams, one of his ment. After over 42 years of public respect, we pay tribute to Secretary secretaries.

VerDate Sep 11 2014 02:57 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\CR\FM\G21SE6.030 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 21, 2015 CONGRESSIONAL RECORD — SENATE S6849 EXECUTIVE MESSAGES REFERRED in the State of New Mexico, and for other SUBMISSION OF CONCURRENT AND purposes. SENATE RESOLUTIONS As in executive session the Presiding H.R. 23. An act to reauthorize the National Officer laid before the Senate messages Windstorm Impact Reduction Program, and The following concurrent resolutions from the President of the United for other purposes. and Senate resolutions were read, and States submitting sundry nominations referred (or acted upon), as indicated: f which were referred to the appropriate By Mr. VITTER (for himself and Mr. committees. MEASURES REFERRED CASSIDY): (The messages received today are S. Res. 260. A resolution honoring the life printed at the end of the Senate pro- The following bill was read the first and legacy of Calvin G. Moret; considered ceedings.) and the second times by unanimous and agreed to. consent, and referred as indicated: f f H.R. 758. An act to amend Rule 11 of the MESSAGE FROM THE HOUSE Federal Rules of Civil Procedure to improve ADDITIONAL COSPONSORS RECEIVED DURING ADJOURNMENT attorney accountability, and for other pur- S. 163 poses; to the Committee on the Judiciary. ENROLLED BILLS SIGNED At the request of Mr. SCHUMER, the Under the authority of the order of f name of the Senator from Wisconsin the Senate of January 6, 2015, the Sec- (Ms. BALDWIN) was added as a cospon- retary of the Senate, on September 18, MEASURES READ THE FIRST TIME sor of S. 163, a bill to establish a grant 2015, during the adjournment of the The following bills were read the first program to help State and local law en- Senate, received a message from the time: forcement agencies reduce the risk of House of Representatives announcing H.R. 3134. An act to provide for a morato- injury and death relating to the wan- that the Speaker pro tempore (Mr. rium on Federal funding to Planned Parent- dering characteristics of some children THORNBERRY) has signed the following hood Federation of America, Inc. with autism and other disabilities. enrolled bills: H.R. 3504. An act to amend title 18, United S. 175 States Code, to prohibit a health care practi- S. 230. An act to provide for the convey- OXER tioner from failing to exercise the proper de- At the request of Mrs. B , the ance of certain property to the Yukon gree of care in the case of a child who sur- name of the Senator from Kansas (Mr. Kuskokwim Health Corporation located in vives an abortion or attempted abortion. MORAN) was added as a cosponsor of S. Bethel, Alaska. 175, a bill to provide for certain land to S. 501. An act to make technical correc- f be taken into trust for the benefit of tions to the Navajo water rights settlement in the State of New Mexico, and for other ENROLLED BILLS PRESENTED Morongo Band of Mission Indians, and purposes. for other purposes. The Secretary of the Senate reported H.R. 23. An act to reauthorize the National S. 235 that on today, September 21, 2015, she Windstorm Impact Reduction Program, and At the request of Mr. WYDEN, the had presented to the President of the for other purposes. name of the Senator from Michigan United States the following enrolled f (Mr. PETERS) was added as a cosponsor bills: MESSAGE FROM THE HOUSE of S. 235, a bill to provide for wildfire S. 230. An act to provide for the convey- suppression operations, and for other ance of certain property to the Yukon At 2:02 p.m., a message from the purposes. House of Representatives, delivered by Kuskokwim Health Corporation located in Mr. Novotny, one of its reading clerks, Bethel, Alaska. S. 502 announced that the House has passed S. 501. An act to make technical correc- At the request of Mr. LEE, the names tions to the Navajo water rights settlement the following bills, in which it requests of the Senator from Kansas (Mr. in the State of New Mexico, and for other MORAN) and the Senator from Virginia the concurrence of the Senate: purposes. (Mr. KAINE) were added as cosponsors H.R. 758. An act to amend Rule 11 of the Federal Rules of Civil Procedure to improve f of S. 502, a bill to focus limited Federal attorney accountability, and for other pur- resources on the most serious offend- poses. REPORTS OF COMMITTEES ers. H.R. 3134. An act to provide for a morato- The following reports of committees S. 524 rium on Federal funding to Planned Parent- were submitted: At the request of Mr. WHITEHOUSE, hood Federation of America, Inc. By Mr. JOHNSON, from the Committee on the name of the Senator from Maine H.R. 3504. An act to amend title 18, United Homeland Security and Governmental Af- States Code, to prohibit a health care practi- (Mr. KING) was added as a cosponsor of fairs, with an amendment in the nature of a tioner from failing to exercise the proper de- S. 524, a bill to authorize the Attorney substitute: gree of care in the case of a child who sur- General to award grants to address the H.R. 623. An act to amend the Homeland vives an abortion or attempted abortion. national epidemics of prescription Security Act of 2002 to authorize the Depart- The message also announced that the ment of Homeland Security to establish a so- opioid abuse and heroin use. House has passed the following bills, cial media working group, and for other pur- S. 571 with amendment, in which it requests poses (Rept. No. 114–145). At the request of Mr. INHOFE, the the concurrence of the Senate: name of the Senator from Rhode Island f S. 764. An act to reauthorize and amend the (Mr. WHITEHOUSE) was added as a co- National Sea Grant College Program Act, INTRODUCTION OF BILLS AND sponsor of S. 571, a bill to amend the and for other purposes. JOINT RESOLUTIONS Pilot’s Bill of Rights to facilitate ap- S. 1603. An act to actively recruit members peals and to apply to other certificates of the Armed Forces who are separating from The following bills and joint resolu- tions were introduced, read the first issued by the Federal Aviation Admin- military service to serve as Customs and istration, to require the revision of the Border Protection Officers. and second times by unanimous con- sent, and referred as indicated: third class medical certification regu- ENROLLED BILL SIGNED lations issued by the Federal Aviation The President pro tempore (Mr. By Mr. MORAN: Administration, and for other pur- S. 2061. A bill to designate a National Me- HATCH) announced that on today, Sep- poses. tember 21, 2015, he had signed the fol- morial to Fallen Educators at the National S. 578 lowing enrolled bills, previously signed Teachers Hall of Fame in Emporia, Kansas; to the Committee on Energy and Natural Re- by the Speaker pro tempore (Mr. At the request of Ms. COLLINS, the sources. name of the Senator from New York THORNBERRY) of the House: By Ms. HIRONO: (Mrs. GILLIBRAND) was added as a co- S. 230. An act to provide for the convey- S. 2062. A bill to amend title 38, United sponsor of S. 578, a bill to amend title ance of certain property to the Yukon States Code, to extend authority for oper- Kuskokwim Health Corporation located in ation of the Department of Veterans Affairs XVIII of the Social Security Act to en- Bethel, Alaska. Regional Office in Manila, the Republic of sure more timely access to home S. 501. An act to make technical correc- the Philippines; to the Committee on Vet- health services for Medicare bene- tions to the Navajo water rights settlement erans’ Affairs. ficiaries under the Medicare program.

VerDate Sep 11 2014 02:16 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\CR\FM\A21SE6.007 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6850 CONGRESSIONAL RECORD — SENATE September 21, 2015 S. 579 sistance in everyday life, and for other (Mr. PETERS), the Senator from Lou- At the request of Mr. GRASSLEY, the purposes. isiana (Mr. VITTER) and the Senator names of the Senator from Maryland S. 1169 from Washington (Mrs. MURRAY) were (Ms. MIKULSKI) and the Senator from At the request of Mr. GRASSLEY, the added as cosponsors of S. 1831, a bill to Maine (Ms. COLLINS) were added as co- name of the Senator from New Hamp- revise section 48 of title 18, United sponsors of S. 579, a bill to amend the shire (Ms. AYOTTE) was added as a co- States Code, and for other purposes. Inspector General Act of 1978 to sponsor of S. 1169, a bill to reauthorize S. 1918 strengthen the independence of the In- and improve the Juvenile Justice and At the request of Mr. MENENDEZ, the spectors General, and for other pur- Delinquency Prevention Act of 1974, name of the Senator from Illinois (Mr. poses. and for other purposes. KIRK) was added as a cosponsor of S. S. 598 S. 1239 1918, a bill to amend the Endangered At the request of Mr. CARDIN, the At the request of Mr. DONNELLY, the Species Act of 1973 to extend the name of the Senator from Michigan name of the Senator from Kansas (Mr. import- and export-related provision of (Mr. PETERS) was added as a cosponsor ROBERTS) was added as a cosponsor of that Act to species proposed for listing of S. 598, a bill to improve the under- S. 1239, a bill to amend the Clean Air as threatened or endangered under that standing of, and promote access to Act with respect to the ethanol waiver Act. treatment for, chronic kidney disease, for the Reid vapor pressure limitations S. 1964 and for other purposes. under that Act. At the request of Mr. WYDEN, the S. 1314 S. 681 name of the Senator from Virginia (Mr. At the request of Mr. BOOKER, the WARNER) was added as a cosponsor of S. At the request of Mrs. GILLIBRAND, name of the Senator from Oregon (Mr. 1964, a bill to amend parts B and E of the names of the Senator from Rhode MERKLEY) was added as a cosponsor of title IV of the Social Security Act to Island (Mr. WHITEHOUSE) and the Sen- S. 1314, a bill to establish an interim invest in funding prevention and fam- ator from Oregon (Mr. MERKLEY) were rule for the operation of small un- ily services to help keep children safe added as cosponsors of S. 681, a bill to manned aircraft for commercial pur- and supported at home with their fami- amend title 38, United States Code, to poses and their safe integration into lies, and for other purposes. clarify presumptions relating to the ex- the national airspace system. posure of certain veterans who served S. 2016 S. 1383 At the request of Mr. KAINE, the in the vicinity of the Republic of Viet- At the request of Mr. PERDUE, the nam, and for other purposes. name of the Senator from Maryland name of the Senator from Oklahoma (Ms. MIKULSKI) was added as a cospon- S. 740 (Mr. LANKFORD) was added as a cospon- sor of S. 2016, a bill to amend chapter At the request of Mr. HATCH, the sor of S. 1383, a bill to amend the Con- 44 of title 18, United States Code, to name of the Senator from Colorado sumer Financial Protection Act of 2010 promote the responsible transfer of (Mr. GARDNER) was added as a cospon- to subject the Bureau of Consumer Fi- firearms. sor of S. 740, a bill to improve the co- nancial Protection to the regular ap- S.J. RES. 22 ordination and use of geospatial data. propriations process, and for other pur- At the request of Mrs. ERNST, the S. 746 poses. name of the Senator from Louisiana S. 1512 At the request of Mr. WHITEHOUSE, (Mr. CASSIDY) was added as a cosponsor the name of the Senator from New Jer- At the request of Mr. CASEY, the of S.J. Res. 22, a joint resolution pro- sey (Mr. BOOKER) was added as a co- name of the Senator from New York viding for congressional disapproval sponsor of S. 746, a bill to provide for (Mr. SCHUMER) was added as a cospon- under chapter 8 of title 5, United the establishment of a Commission to sor of S. 1512, a bill to eliminate dis- States Code, of the rule submitted by Accelerate the End of Breast Cancer. crimination and promote women’s the Corps of Engineers and the Envi- health and economic security by ensur- S. 968 ronmental Protection Agency relating ing reasonable workplace accommoda- At the request of Mrs. GILLIBRAND, to the definition of ‘‘waters of the tions for workers whose ability to per- the name of the Senator from New United States’’ under the Federal form the functions of a job are limited Mexico (Mr. HEINRICH) was added as a Water Pollution Control Act. by pregnancy, childbirth, or a related cosponsor of S. 968, a bill to require the medical condition. f Commissioner of Social Security to re- S. 1659 SUBMITTED RESOLUTIONS vise the medical and evaluation cri- At the request of Mr. LEAHY, the teria for determining disability in a name of the Senator from New Mexico person diagnosed with Huntington’s (Mr. HEINRICH) was added as a cospon- SENATE RESOLUTION 260—HON- Disease and to waive the 24-month sor of S. 1659, a bill to amend the Vot- ORING THE LIFE AND LEGACY waiting period for Medicare eligibility ing Rights Act of 1965 to revise the cri- OF CALVIN G. MORET for individuals disabled by Hunting- teria for determining which States and Mr. VITTER (for himself and Mr. ton’s Disease. political subdivisions are subject to CASSIDY) submitted the following reso- S. 1020 section 4 of the Act, and for other pur- lution; which was considered and At the request of Mr. VITTER, the poses. agreed to. name of the Senator from Colorado S. 1661 S. RES. 260 (Mr. BENNET) was added as a cosponsor At the request of Mr. ISAKSON, the Whereas Calvin G. Moret was born on Au- of S. 1020, a bill to amend title XVIII of name of the Senator from New Hamp- gust 15, 1925, in New Orleans, Louisiana; the Social Security Act to ensure the shire (Ms. AYOTTE) was added as a co- Whereas, in 1943, Calvin G. Moret joined continued access of Medicare bene- sponsor of S. 1661, a bill to amend title the Tuskegee Airmen and completed his ad- ficiaries to diagnostic imaging serv- XXVII of the Public Health Service Act vanced training in P–51 Mustangs; ices, and for other purposes. to preserve consumer and employer ac- Whereas the Tuskegee Airmen were the first African-American military airmen; S. 1085 cess to licensed independent insurance Whereas, on November 20, 1944, Calvin G. At the request of Mrs. MURRAY, the producers. Moret graduated as a Flight Officer as part name of the Senator from New Jersey S. 1794 of class 44–I–SE in the Tuskegee Airmen pro- (Mr. MENENDEZ) was added as a cospon- At the request of Mr. MERKLEY, the gram; sor of S. 1085, a bill to expand eligi- names of the Senator from Maryland Whereas, according to the Veterans His- bility for the program of comprehen- (Ms. MIKULSKI) and the Senator from tory Project of the Library of Congress, Cal- sive assistance for family caregivers of Hawaii (Mr. SCHATZ) were added as co- vin G. Moret served as a flight instructor; the Department of Veterans Affairs, to sponsors of S. 1794, a bill to prohibit Whereas Calvin G. Moret was a recipient of the Congressional Gold Medal, presented in expand benefits available to partici- drilling in the Arctic Ocean. the rotunda of the United States Capitol, for pants under such program, to enhance S. 1831 his service to the United States; special compensation for members of At the request of Mr. TOOMEY, the Whereas Calvin G. Moret was the last sur- the uniformed services who require as- names of the Senator from Michigan viving Tuskegee Airman pilot in Louisiana;

VerDate Sep 11 2014 02:57 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\CR\FM\A21SE6.013 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 21, 2015 CONGRESSIONAL RECORD — SENATE S6851 Whereas Calvin G. Moret contributed oral tional $25,000,000 for each of fiscal years 2016 A bill (S. 1109) to require adequate infor- histories to the collection of the National through 2019, and an additional $50,000,000 for mation regarding the tax treatment of pay- WWII Museum; each of fiscal years 2020 through 2024.’’. ments under settlement agreements entered Whereas, on June 29, 2013, the Urban into by Federal agencies, and for other pur- League of Greater New Orleans presented SA 2668. Mr. LANKFORD (for Mr. poses. Calvin G. Moret with the Whitney M. Young VITTER) proposed an amendment to the There being no objection, the Senate Legacy Award; bill S. 1109, to require adequate infor- proceeded to consider the bill. Whereas, in 2014, Calvin G. Moret became mation regarding the tax treatment of Mr. LANKFORD. I ask unanimous the fifth honorary member of the Black Pi- payments under settlement agreements lots of America; and consent that the Vitter amendment be Whereas Calvin G. Moret was a distin- entered into by Federal agencies, and agreed to, the bill, as amended, be read guished speaker for the National WWII Mu- for other purposes; as follows: a third time and passed, and the mo- seum at major exhibits, including the On page 2, strike lines 11 through 20 and in- tion to reconsider be considered made ‘‘Fighting for the Right to Fight: African sert the following: and laid upon the table. American Experiences in World War II’’ ex- ‘‘(1) the term ‘covered settlement agree- The PRESIDING OFFICER. Without hibit: Now, therefore, be it ment’ means a settlement agreement (in- objection, it is so ordered. Resolved, That the Senate— cluding a consent decree)— (1) honors the life of Calvin G. Moret, who ‘‘(A) that is entered into by an Executive The amendment (No. 2668) was agreed was dedicated to serving the community and agency; and to, as follows: recording the experiences of the members of ‘‘(B)(i) that— (Purpose: To apply the disclosure require- the Tuskegee Airmen; ‘‘(I) relates to an alleged violation of Fed- ments to settlements between agencies and (2) recognizes the lasting contributions eral civil or criminal law; and private entities and require information made by Calvin G. Moret to World War II ‘‘(II) requires the payment of a total of not regarding the use of funds collected under educational programming and the National less than $1,000,000 by 1 or more non-Federal settlement agreements) WWII Museum; and persons; or On page 2, strike lines 11 through 20 and in- (3) requests that the Secretary of the Sen- ‘‘(ii) that— sert the following: ate prepare an official copy of this resolution ‘‘(I) relates to the rule making process of ‘‘(1) the term ‘covered settlement agree- for presentation to the family of Calvin G. the Executive agency or an alleged failure by ment’ means a settlement agreement (in- Moret. the Executive agency to engage in a rule cluding a consent decree)— f making process; and ‘‘(A) that is entered into by an Executive ‘‘(II) requires the payment of a total of not agency; and AMENDMENTS SUBMITTED AND less than $200,000 in attorney fees, costs, or ‘‘(B)(i) that— PROPOSED expenses by the Executive agency or entity ‘‘(I) relates to an alleged violation of Fed- within the Federal Government to a non- eral civil or criminal law; and SA 2667. Mr. CASEY submitted an amend- Federal person; ment intended to be proposed by him to the ‘‘(II) requires the payment of a total of not On page 2, line 23, strike ‘‘and’’. less than $1,000,000 by 1 or more non-Federal bill H.R. 36, to amend title 18, United States On page 2, line 26, strike the period and in- Code, to protect pain-capable unborn chil- persons; or sert ‘‘; and’’. ‘‘(ii) that— dren, and for other purposes; which was or- On page 2, after line 26, insert the fol- dered to lie on the table. ‘‘(I) relates to the rule making process of lowing: the Executive agency or an alleged failure by SA 2668. Mr. LANKFORD (for Mr. VITTER) ‘‘(4) the term ‘rule making’ has the mean- proposed an amendment to the bill S. 1109, to the Executive agency to engage in a rule ing given that term under section 551(5). making process; and require adequate information regarding the On page 4, line 3, strike ‘‘and’’. tax treatment of payments under settlement ‘‘(II) requires the payment of a total of not On page 4, between lines 16 and 17, insert less than $200,000 in attorney fees, costs, or agreements entered into by Federal agen- the following: cies, and for other purposes. expenses by the Executive agency or entity ‘‘(VII) a description of where amounts col- within the Federal Government to a non- f lected under the covered settlement agree- Federal person; ment will be deposited, including, if applica- TEXT OF AMENDMENTS On page 2, line 23, strike ‘‘and’’. ble, the deposit of such amounts in an ac- On page 2, line 26, strike the period and in- SA 2667. Mr. CASEY submitted an count available for use for 1 or more pro- sert ‘‘; and’’. amendment intended to be proposed by grams of the Federal Government; and On page 2, after line 26, insert the fol- him to the bill H.R. 36, to amend title On page 7, line 25, insert ‘‘or that entered lowing: 18, United States Code, to protect pain- into a settlement agreement that involves ‘‘(4) the term ‘rule making’ has the mean- regulatory action or regulatory changes’’ ing given that term under section 551(5). capable unborn children, and for other after ‘‘covered settlement agreement’’. purposes; which was ordered to lie on On page 4, line 3, strike ‘‘and’’. On page 8, line 11, strike ‘‘and’’. On page 4, between lines 16 and 17, insert the table; as follows: On page 8, line 15, strike the period and in- the following: At the appropriate place, insert the fol- sert a semicolon. ‘‘(VII) a description of where amounts col- lowing: On page 8, between lines 15 and 16, insert lected under the covered settlement agree- SEC. ll. ADDITIONAL FUNDING FOR THE PREG- the following: ment will be deposited, including, if applica- NANCY ASSISTANCE FUND. ‘‘(D) the total amount of attorney fees, ble, the deposit of such amounts in an ac- (a) FINDINGS.—Congress finds the fol- costs, and expenses paid to non-Federal per- count available for use for 1 or more pro- lowing: sons under settlement agreements (including grams of the Federal Government; and (1) In 2011, 730,322 legal induced abortions consent decrees) of the Executive agency On page 7, line 25, insert ‘‘or that entered were reported to the Centers for Disease Con- during that fiscal year; and into a settlement agreement that involves trol and Prevention. ‘‘(E) the number of settlement agreements regulatory action or regulatory changes’’ (2) Forty-nine percent of all pregnancies in (including consent decrees) between the Ex- after ‘‘covered settlement agreement’’. America are unintended. Excluding mis- ecutive agency and non-Federal persons that On page 8, line 11, strike ‘‘and’’. carriages, 42 percent of unintended preg- involve regulatory action or regulatory On page 8, line 15, strike the period and in- nancies end in abortion. changes, including the promulgation of new sert a semicolon. (3) Of those unintended pregnancies ending rules, during that fiscal year. On page 8, between lines 15 and 16, insert in abortion, 50 percent of the women have in- On page 8, strike line 25 and all that fol- the following: comes below 200 percent of the poverty level. lows through page 9, line 20. ‘‘(D) the total amount of attorney fees, (4) The pregnancy assistance fund is an ini- On page 9, line 21, strike ‘‘(c)’’ and insert costs, and expenses paid to non-Federal per- tiative to support women facing unplanned ‘‘(b)’’. sons under settlement agreements (including pregnancies, new parents and their children f consent decrees) of the Executive agency by providing for health care needs, sup- during that fiscal year; and portive services and helpful prenatal infor- TRUTH IN SETTLEMENTS ACT OF ‘‘(E) the number of settlement agreements mation and postnatal services. 2015 (including consent decrees) between the Ex- (b) ADDITIONAL FUNDING.—Section 10214 of Mr. LANKFORD. Mr. President, I ask ecutive agency and non-Federal persons that Public Law 111-148 (42 U.S.C. 18204) is amend- unanimous consent that the Senate involve regulatory action or regulatory ed by adding at the end the following: ‘‘In proceed to the immediate consider- changes, including the promulgation of new addition to amounts authorized to be appro- rules, during that fiscal year. priated in the previous sentence, there are ation of Calendar No. 140, S. 1109. On page 8, strike line 25 and all that fol- authorized to be appropriated, and there are The PRESIDING OFFICER. The lows through page 9, line 20. appropriated from funds not otherwise obli- clerk will report the bill by title. On page 9, line 21, strike ‘‘(c)’’ and insert gated, to carry out section 10210, an addi- The bill clerk read as follows: ‘‘(b)’’.

VerDate Sep 11 2014 03:28 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\CR\FM\A21SE6.017 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE S6852 CONGRESSIONAL RECORD — SENATE September 21, 2015 The bill (S. 1109), as amended, was or- ‘‘(VII) a description of where amounts col- shall apply to the extent that the informa- dered to be engrossed for a third read- lected under the covered settlement agree- tion to be disclosed (or portion thereof) is ing, was read the third time, and ment will be deposited, including, if applica- not subject to a confidentiality provision passed, as follows: ble, the deposit of such amounts in an ac- that prohibits disclosure of the information count available for use for 1 or more pro- (or portion thereof). S. 1109 grams of the Federal Government; and ‘‘(f) REPORTING.— Be it enacted by the Senate and House of Rep- ‘‘(ii) a copy of each covered settlement ‘‘(1) IN GENERAL.—Not later than January resentatives of the United States of America in agreement entered into by the Executive 15 of each year, the head of an Executive Congress assembled, agency. agency that entered into a covered settle- SECTION 1. SHORT TITLE. ‘‘(B) CONFIDENTIALITY PROVISIONS.—The re- ment agreement or that entered into a set- This Act may be cited as the ‘‘Truth in quirement to disclose information or a copy tlement agreement that involves regulatory Settlements Act of 2015’’. of a covered settlement agreement under action or regulatory changes during the pre- SEC. 2. INFORMATION REGARDING SETTLEMENT subparagraph (A) shall apply to the extent vious fiscal year shall submit to each com- AGREEMENTS ENTERED INTO BY that the information or copy (or portion mittee of Congress with jurisdiction over the FEDERAL AGENCIES. thereof) is not subject to a confidentiality activities of the Executive agency a report (a) REQUIREMENTS FOR SETTLEMENT AGREE- provision that prohibits disclosure of the in- indicating— MENTS.— formation or copy (or portion thereof). ‘‘(A) how many covered settlement agree- (1) IN GENERAL.—Chapter 3 of title 5, ‘‘(2) PERIOD.—The head of each Executive United States Code, is amended by adding at ments the Executive agency entered into agency shall ensure that— the end the following: during that fiscal year; ‘‘(A) information regarding a covered set- ‘‘(B) how many covered settlement agree- ‘‘§ 307. Information regarding settlement tlement agreement is publicly available on ments the Executive agency entered into agreements the list described in paragraph (1)(A)(i) for a during that fiscal year that had any terms or ‘‘(a) DEFINITIONS.—In this section— period of not less than 5 years, beginning on conditions that are required to be kept con- ‘‘(1) the term ‘covered settlement agree- the date of the covered settlement agree- fidential; ment’ means a settlement agreement (in- ment; and ‘‘(C) how many covered settlement agree- cluding a consent decree)— ‘‘(B) a copy of a covered settlement agree- ments the Executive agency entered into ‘‘(A) that is entered into by an Executive ment made available under paragraph during that fiscal year for which all terms agency; and (1)(A)(ii) is publicly available— and conditions are required to be kept con- ‘‘(B)(i) that— ‘‘(i) for a period of not less than 1 year, be- fidential; ‘‘(I) relates to an alleged violation of Fed- ginning on the date of the covered settle- ‘‘(D) the total amount of attorney fees, eral civil or criminal law; and ment agreement; or costs, and expenses paid to non-Federal per- ‘‘(II) requires the payment of a total of not ‘‘(ii) for a covered settlement agreement sons under settlement agreements (including less than $1,000,000 by 1 or more non-Federal under which a non-Federal person is required consent decrees) of the Executive agency persons; or to pay not less than $50,000,000, for a period during that fiscal year; and ‘‘(ii) that— of not less than 5 years, beginning on the ‘‘(E) the number of settlement agreements ‘‘(I) relates to the rule making process of date of the covered settlement agreement. (including consent decrees) between the Ex- the Executive agency or an alleged failure by ‘‘(c) PUBLIC STATEMENT.—If the head of an ecutive agency and non-Federal persons that the Executive agency to engage in a rule Executive agency determines that a con- involve regulatory action or regulatory making process; and fidentiality provision in a covered settle- changes, including the promulgation of new ‘‘(II) requires the payment of a total of not ment agreement, or the sealing of a covered rules, during that fiscal year. less than $200,000 in attorney fees, costs, or settlement agreement, is required to protect ‘‘(2) AVAILABILITY OF REPORTS.—The head expenses by the Executive agency or entity the public interest of the United States, the of an Executive agency that is required to within the Federal Government to a non- head of the Executive agency shall issue a submit a report under paragraph (1) shall Federal person; public statement stating why such action is make the report publicly available in a ‘‘(2) the term ‘entity within the Federal required to protect the public interest of the Government’ includes an officer or employee searchable format in a prominent location United States, which shall explain— on the Web site of the Executive agency.’’. of the Federal Government acting in an offi- ‘‘(1) what interests confidentiality pro- (2) TECHNICAL AND CONFORMING AMEND- cial capacity; tects; and MENT.—The table of sections for chapter 3 of ‘‘(3) the term ‘non-Federal person’ means a ‘‘(2) why the interests protected by con- person that is not an entity within the Fed- title 5, United States Code, is amended by fidentiality outweigh the public’s interest in adding at the end the following: eral Government; and knowing about the conduct of the Federal ‘‘(4) the term ‘rule making’ has the mean- Government and the expenditure of Federal ‘‘307. Information regarding settlement ing given that term under section 551(5). resources. agreements.’’. ‘‘(b) INFORMATION TO BE POSTED ONLINE.— ‘‘(d) REQUIREMENTS FOR WRITTEN PUBLIC (b) REVIEW OF CONFIDENTIALITY OF SETTLE- ‘‘(1) REQUIREMENT.— STATEMENTS.—Any written public statement MENT AGREEMENTS.—Not later than 6 months ‘‘(A) IN GENERAL.—Subject to subparagraph issued by an Executive agency that refers to after the date of enactment of this Act, the (B), the head of each Executive agency shall an amount to be paid by a non-Federal per- Comptroller General of the United States make publicly available in a searchable for- son under a covered settlement agreement shall submit to Congress a report regarding mat in a prominent location on the Web site shall— how Executive agencies (as defined under of the Executive agency— ‘‘(1) specify which portion, if any, of the section 105 of title 5, United States Code) de- ‘‘(i) a list of each covered settlement amount to be paid under the covered settle- termine whether the terms of a settlement agreement entered into by the Executive ment agreement by a non-Federal person— agreement or the existence of a settlement agency, which shall include, for each covered ‘‘(A) is expressly specified under the cov- agreement will be treated as confidential, settlement agreement— ered settlement agreement as a civil or which shall include recommendations, if ‘‘(I) the date on which the parties entered criminal penalty or fine to be paid for a vio- any, for legislative or administrative action into the covered settlement agreement; lation of Federal law; or to increase the transparency of Government ‘‘(II) the names of the parties that settled ‘‘(B) is expressly specified under the cov- settlements while continuing to protect the claims under the covered settlement agree- ered settlement agreement as not deductible legitimate interests that confidentiality pro- ment; for purposes of the Internal Revenue Code of visions serve. ‘‘(III) a description of the claims each 1986; party settled under the covered settlement ‘‘(2) if no portion of the amount to be paid f agreement; under the covered settlement agreement by a MANDATORY PRICE REPORTING ‘‘(IV) the amount each party settling a non-Federal person is expressly specified ACT OF 2015 claim under the covered settlement agree- under the covered settlement agreement as a ment is obligated to pay under the settle- civil or criminal penalty or fine, include a Mr. LANKFORD. Mr. President, I ask ment agreement; statement specifying that is the case; and unanimous consent that the Senate ‘‘(V) the total amount the settling parties ‘‘(3) describe in detail— proceed to the immediate consider- are obligated to pay under the settlement ‘‘(A) any actions the non-Federal person ation of Calendar No. 231, H.R. 2051. agreement; shall take under the covered settlement The PRESIDING OFFICER. The ‘‘(VI) for each settling party— agreement in lieu of payment to the Federal clerk will report the bill by title. ‘‘(aa) the amount, if any, the settling party Government or a State or local government; is obligated to pay that is expressly specified and The bill clerk read as follows: under the covered settlement agreement as a ‘‘(B) any payments or compensation the A bill (H.R. 2051) to amend the Agricul- civil or criminal penalty or fine; and non-Federal person shall make to other non- tural Marketing Act of 1946 to extend the ‘‘(bb) the amount, if any, that is expressly Federal persons under the covered settle- livestock mandatory price reporting require- specified under the covered settlement ment agreement. ments, and for other purposes. There being agreement as not deductible for purposes of ‘‘(e) CONFIDENTIALITY.—The requirement to no objection, the Senate proceeded to con- the Internal Revenue Code of 1986; and disclose information under subsection (d) sider the bill, which had been reported from

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the Committee on Agriculture, Nutrition, and gilts within each of a series of reasonable PROJECT EXPENSES.—Section 405(b) of the Na- and Forestry, with an amendment to strike price bands within the range of prices; and tional Forest Foundation Act (16 U.S.C. 583j– all after the enacting clause and insert in ‘‘(III) the total number and weighted average 3(b)) is amended by striking ‘‘for a period of five lieu thereof the following: price of barrows and gilts purchased through years beginning October 1, 1992’’ and inserting SECTION 1. SHORT TITLE; TABLE OF CONTENTS. negotiated purchases and negotiated formula ‘‘during fiscal years 2016 through 2018’’. (a) SHORT TITLE.—This Act may be cited as purchases.’’; and (b) AUTHORIZATION OF APPROPRIATIONS.—Sec- the ‘‘Agriculture Reauthorizations Act of 2015’’. (2) in paragraph (3), by adding at the end the tion 410(b) of the National Forest Foundation (b) TABLE OF CONTENTS.—The table of con- following: Act (16 U.S.C. 583j–8(b)) is amended by striking ‘‘(C) LATE IN THE DAY REPORT INFORMATION.— tents for this Act is as follows: ‘‘during the five-year period’’ and all that fol- The Secretary shall include in the morning re- lows through ‘‘$1,000,000 annually’’ and insert- Sec. 1. Short title; table of contents. port and the afternoon report for the following ing ‘‘there are authorized to be appropriated TITLE I—MANDATORY PRICE REPORTING day any information required to be reported $3,000,000 for each of fiscal years 2016 through Sec. 101. Extension of livestock mandatory re- under subparagraph (A) that is obtained after 2018’’. porting. the time of the reporting day specified in that (c) TECHNICAL CORRECTIONS.— Sec. 102. Swine reporting. subparagraph.’’. (1) AGENT.—Section 404 of the National Forest Sec. 103. Lamb reporting. SEC. 103. LAMB REPORTING. Foundation Act (16 U.S.C. 583j–2) is amended— Sec. 104. Study on livestock mandatory report- Not later than 180 days after the date of en- (A) in subsection (a)(4), by inserting ‘‘notice ing. actment of this Act, the Secretary of Agriculture or’’ after ‘‘authorized to accept’’; and TITLE II—NATIONAL FOREST shall revise section 59.300 of title 7, Code of Fed- (B) in subsection (b), by striking ‘‘under this FOUNDATION ACT REAUTHORIZATION eral Regulations, so that— paragraph’’ and inserting ‘‘by subsection (1) the definition of the term ‘‘importer’’— (a)(4)’’. Sec. 201. National Forest Foundation Act reau- (A) includes only those importers that im- (2) ANNUAL REPORT.—Section 407(b) of the Na- thorization. ported an average of 1,000 metric tons of lamb tional Forest Foundation Act (16 U.S.C. 583j– TITLE III—UNITED STATES GRAIN meat products per year during the immediately 5(b)) is amended by striking the comma after STANDARDS ACT REAUTHORIZATION preceding 4 calendar years; and ‘‘The Foundation shall’’. Sec. 301. Reauthorization of United States (B) may include any person that does not TITLE III—UNITED STATES GRAIN Grain Standards Act. meet the requirement referred to in subpara- STANDARDS ACT REAUTHORIZATION Sec. 302. Report on disruption in Federal in- graph (A), if the Secretary determines that the person should be considered an importer based SEC. 301. REAUTHORIZATION OF UNITED STATES spection of grain exports. GRAIN STANDARDS ACT. on their volume of lamb imports; and Sec. 303. Report on policy barriers to grain pro- (a) OFFICIAL INSPECTION AND WEIGHING RE- ducers. (2) the definition of the term ‘‘packer’’— (A) applies to any entity with 50 percent or QUIREMENTS.— TITLE I—MANDATORY PRICE REPORTING more ownership in a facility; (1) DISCRETIONARY WAIVER AUTHORITY.—Sec- tion 5(a)(1) of the United States Grain Stand- SEC. 101. EXTENSION OF LIVESTOCK MANDATORY (B) includes a federally inspected lamb proc- REPORTING. essing plant which slaughtered or processed the ards Act (7 U.S.C. 77(a)(1)) is amended in the (a) EXTENSION OF AUTHORITY.—Section 260 of equivalent of an average of 35,000 head of lambs first proviso by striking ‘‘may waive the fore- the Agricultural Marketing Act of 1946 (7 U.S.C. per year during the immediately preceding 5 cal- going requirement in emergency or other cir- 1636i) is amended by striking ‘‘September 30, endar years; and cumstances which would not impair the objec- 2015’’ and inserting ‘‘September 30, 2020’’. (C) may include any other lamb processing tives of this Act’’ and inserting ‘‘shall waive the (b) CONFORMING AMENDMENT.—Section 942 of plant that does not meet the requirement re- foregoing requirement in emergency or other cir- the Livestock Mandatory Reporting Act of 1999 ferred to in subparagraph (B), if the Secretary cumstances that would not impair the objectives (7 U.S.C. 1635 note; Public Law 106–78) is determines that the processing plant should be of this Act whenever the parties to a contract amended by striking ‘‘September 30, 2015’’ and considered a packer after considering the capac- for such shipment mutually agree to the waiver inserting ‘‘September 30, 2020’’. ity of the processing plant. and documentation of such agreement is pro- vided to the Secretary prior to shipment’’. SEC. 102. SWINE REPORTING. SEC. 104. STUDY ON LIVESTOCK MANDATORY RE- PORTING. (2) WEIGHING REQUIREMENTS AT EXPORT ELE- (a) DEFINITIONS.—Section 231 of the Agricul- (a) STUDY REQUIRED.— VATORS.—Section 5(a)(2) of the United States tural Marketing Act of 1946 (7 U.S.C. 1635i) is (1) IN GENERAL.—The Secretary of Agri- Grain Standards Act (7 U.S.C. 77(a)(2)) is amended— culture, acting through the Agricultural Mar- amended in the proviso by striking (1) by redesignating paragraphs (9) through keting Service in conjunction with the Office of ‘‘intracompany shipments of grain into an ex- (22) as paragraphs (10) through (23), respec- the Chief Economist and in consultation with port elevator by any mode of transportation, tively; cattle, swine, and lamb producers, packers, and grain transferred into an export elevator by (2) by inserting after paragraph (8) the fol- other market participants, shall conduct a study transportation modes other than barge,’’ and in- lowing: on the program of information regarding the serting ‘‘shipments of grain into an export ele- ‘‘(9) NEGOTIATED FORMULA PURCHASE.—The marketing of cattle, swine, lambs, and products vator by any mode of transportation’’. term ‘negotiated formula purchase’ means a of such livestock under subtitle B of the Agricul- (3) DISRUPTION IN GRAIN INSPECTION OR swine or pork market formula purchase under tural Marketing Act of 1946 (7 U.S.C. 1635 et WEIGHING.—Section 5 of the United States Grain which— seq.). Standards Act (7 U.S.C. 77) is amended by add- ‘‘(A) the formula is determined by negotiation (2) REQUIREMENTS.—The study shall— ing at the end the following: on a lot-by-lot basis; and (A) analyze current marketing practices in the ‘‘(d) DISRUPTION IN GRAIN INSPECTION OR ‘‘(B) the swine are scheduled for delivery to cattle, swine, and lamb markets; WEIGHING.—In the case of a disruption in offi- the packer not later than 14 days after the date (B) identify legislative or regulatory rec- cial grain inspections or weighings, including if on which the formula is negotiated and swine ommendations made by cattle, swine, and lamb the Secretary waives the requirement for official are committed to the packer.’’; producers, packers, and other market partici- inspection due to an emergency under sub- (3) in paragraph (12)(A) (as so redesignated), pants to ensure that information provided under section (a)(1), the Secretary shall— by inserting ‘‘negotiated formula purchase,’’ the program— ‘‘(1) immediately take such actions as are nec- after ‘‘pork market formula purchase,’’; and (i) can be readily understood by producers, essary to address the disruption and resume in- (4) in paragraph (23) (as so redesignated)— packers, and other market participants; spections or weighings; (A) in subparagraph (C), by striking ‘‘and’’ at (ii) reflects current marketing practices; and ‘‘(2) not later than 24 hours after the start of the end; (iii) is relevant and useful to producers, pack- the disruption in inspection or weighing, submit (B) by redesignating subparagraph (D) as sub- ers, and other market participants; to the Committee on Agriculture of the House of paragraph (E); and (C) analyze the price and supply information Representatives and the Committee on Agri- (C) by inserting after subparagraph (C) the reporting services of the Department of Agri- culture, Nutrition, and Forestry of the Senate a following: culture related to cattle, swine, and lamb; and report that describes— ‘‘(D) a negotiated formula purchase; and’’. (D) address any other issues that the Sec- ‘‘(A) the disruption; and (b) DAILY REPORTING.—Section 232(c) of the retary considers appropriate. ‘‘(B) any actions necessary to address the Agricultural Marketing Act of 1946 (7 U.S.C. (b) REPORT.—Not later than March 1, 2018, concerns of the Secretary relating to the disrup- 1635j(c)) is amended— the Secretary of Agriculture shall submit to the tion so that inspections or weighings may re- (1) in paragraph (1)(D), by striking clause (ii) Committee on Agriculture of the House of Rep- sume; and and inserting the following: resentatives and the Committee on Agriculture, ‘‘(3) once the initial report in paragraph (2) ‘‘(ii) PRICE DISTRIBUTIONS.—The information Nutrition, and Forestry of the Senate a report has been made, provide daily updates until offi- published by the Secretary under clause (i) shall containing the findings of the study conducted cial inspection or weighing services at the site of include— under subsection (a). disruption have resumed.’’. ‘‘(I) a distribution of net prices in the range TITLE II—NATIONAL FOREST (b) OFFICIAL INSPECTION AUTHORITY AND between and including the lowest net price and FOUNDATION ACT REAUTHORIZATION FUNDING.— the highest net price reported; SEC. 201. NATIONAL FOREST FOUNDATION ACT (1) DELEGATION OF OFFICIAL INSPECTION AU- ‘‘(II) a delineation of the number of barrows REAUTHORIZATION. THORITY.—Section 7(e)(2) of the United States and gilts at each reported price level or, at the (a) EXTENSION OF AUTHORITY TO PROVIDE Grain Standards Act (7 U.S.C. 79(e)(2)) is option of the Secretary, the number of barrows MATCHING FUNDS FOR ADMINISTRATIVE AND amended—

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(A) by striking ‘‘(2) If the Secretary’’ and in- ‘‘(C) the current official agency for that geo- ‘‘(3) ADJUSTMENT OF FEES.—In order to main- serting the following: graphic area agrees in writing with the adjacent tain an operating reserve of not less than 3 and ‘‘(2) DELEGATION OF AUTHORITY TO STATE official agency to waive the current geographic not more than 6 months, the Secretary shall ad- AGENCIES.— area restriction at the request of the applicant just the fees described in paragraphs (1) and (2) ‘‘(A) IN GENERAL.—If the Secretary’’; for service.’’. not less frequently than annually.’’; and (B) in the first sentence— (B) WEIGHING AUTHORITY.—Section 7A(i)(2) of (E) in paragraph (4) (as redesignated by sub- (i) by striking ‘‘and (A)’’ and inserting ‘‘and the United States Grain Standards Act (7 U.S.C. paragraph (C)), in the first sentence, by striking (i)’’; 79a(i)(2)) is amended by striking ‘‘the Secretary ‘‘2015’’ and inserting ‘‘2020’’. (ii) by striking ‘‘or (B)(i)’’ and inserting ‘‘or may’’ and all that follows through the end of (d) LIMITATION AND ADMINISTRATIVE AND SU- (ii)(I)’’; the paragraph and inserting the following: ‘‘the PERVISORY COSTS.—Section 7D of the United (iii) by striking ‘‘(ii)’’ and inserting ‘‘(II)’’; Secretary shall allow a designated official agen- States Grain Standards Act (7 U.S.C. 79d) is and cy to cross boundary lines to carry out weighing amended by striking ‘‘2015’’ and inserting (iv) by striking ‘‘(iii)’’ and inserting ‘‘(III)’’; in another geographic area if— ‘‘2020’’. and ‘‘(A) the current designated official agency for (e) ISSUANCE OF AUTHORIZATION.—Section 8(b) (C) by adding at the end the following: that geographic area is unable to provide weigh- of the United States Grain Standards Act (7 ‘‘(B) CERTIFICATION.— ing services in a timely manner; or U.S.C. 84(b)) is amended by striking ‘‘tri- ‘‘(i) IN GENERAL.—Every 5 years, the Secretary ‘‘(B) the current official agency for that geo- ennially’’ and inserting ‘‘every 5 years’’. shall certify that each State agency with a dele- graphic area agrees in writing with the adjacent (f) APPROPRIATIONS.—Section 19 of the United gation of authority is meeting the criteria de- official agency to waive the current geographic States Grain Standards Act (7 U.S.C. 87h) is amended by striking ‘‘2015’’ and inserting scribed in subsection (f)(1)(A). area restriction at the request of the applicant ‘‘2020’’. ‘‘(ii) PROCESS.—Not later than 1 year after the for service.’’. (g) ADVISORY COMMITTEE.—Section 21(e) of date of enactment of the Agriculture Reauthor- (4) DURATION OF DESIGNATION AUTHORITY.— the United States Grain Standards Act (7 U.S.C. izations Act of 2015, the Secretary shall estab- Section 7(g)(1) of the United States Grain Stand- 87j(e)) is amended by striking ‘‘2015’’ and insert- lish a process for certification under which the ards Act (7 U.S.C. 79(g)(1)) is amended by strik- ing ‘‘2020’’. Secretary shall— ing ‘‘triennially’’ and inserting ‘‘every 5 years’’. SEC. 302. REPORT ON DISRUPTION IN FEDERAL ‘‘(I) publish in the Federal Register notice of (5) FEES.—Section 7(j) of the United States INSPECTION OF GRAIN EXPORTS. intent to certify a State agency and provide a Grain Standards Act (7 U.S.C. 79(j)(1)) is Not later than 180 days after the date of en- 30-day period for public comment; amended— actment of this Act, the Secretary of Agriculture ‘‘(II) evaluate the public comments received (A) by striking ‘‘(j)(1) The Secretary’’ and in- shall submit to the Committee on Agriculture, and, in accordance with paragraph (3), conduct serting the following: Nutrition, and Forestry of the Senate, the Com- an investigation to determine whether the State ‘‘(j) FEES.— mittee on Agriculture of the House of Represent- agency is qualified; ‘‘(1) INSPECTION FEES.— atives, the Subcommittee on Agriculture, Rural ‘‘(III) make findings based on the public com- ‘‘(A) IN GENERAL.—The Secretary’’; Development, Food and Drug Administration, ments received and investigation conducted; and (B) in paragraph (1)— and Related Agencies of the Committee on Ap- ‘‘(IV) publish in the Federal Register a notice (i) the second sentence, by striking ‘‘The fees’’ propriations of the Senate, and the Sub- announcing whether the certification has been and inserting the following: committee on Agriculture, Rural Development, granted and describing the basis on which the ‘‘(B) AMOUNT OF FEES.—The fees’’; (ii) in the third sentence, by striking ‘‘Such Food and Drug Administration, and Related Secretary made the decision. Agencies of the Committee on Appropriations of ‘‘(C) STATE AGENCY REQUIREMENTS.— fees’’ and inserting the following: the House of Representatives a report that de- ‘‘(i) IN GENERAL.—If a State agency that has ‘‘(C) USE OF FEES.—Fees described in this paragraph’’; and scribes— been delegated authority under this paragraph (1) the specific factors that led to disruption intends to temporarily discontinue official in- (iii) by adding at the end the following: ‘‘(D) EXPORT TONNAGE FEES.—For an official in Federal inspection of grain exports at the spection or weighing services for any reason, ex- Port of Vancouver in the summer of 2014; cept in the case of a major disaster, the State inspection at an export facility performed by the Secretary, the portion of the fees based on ex- (2) any factors that contributed to the disrup- agency shall notify the Secretary in writing of tion referred to in paragraph (1) that were the intention of the State agency to do so at port tonnage shall be based on the rolling 5-year average of export tonnage volumes.’’; unique to the Port of Vancouver, including a least 72 hours in advance of the discontinuation description of the port facility, security needs date. (C) by redesignating paragraph (4) as para- graph (5); and available resources for that purpose, and ‘‘(ii) SECRETARIAL CONSIDERATION.—The Sec- any other significant factors as determined by retary shall consider receipt of a notice de- (D) by inserting after paragraph (3) the fol- lowing: the Secretary; and scribed in clause (i) as a factor in administering (3) any changes in policy that the Secretary ‘‘(4) ADJUSTMENT OF FEES.—In order to main- the delegation of authority under this para- has implemented to ensure that a similar disrup- tain an operating reserve of not less than 3 and graph.’’. tion in Federal inspection of grain exports at not more than 6 months, the Secretary shall ad- (2) CONSULTATION.—Section 7(f)(1) of the the Port of Vancouver or any other location just the fees described in paragraphs (1) and (2) United States Grain Standards Act (7 U.S.C. does not occur in the future. not less frequently than annually.’’; and 79(f)(1)) is amended— (E) in paragraph (5) (as redesignated by sub- SEC. 303. REPORT ON POLICY BARRIERS TO (A) in subparagraph (A)(xi), by striking GRAIN PRODUCERS. paragraph (C)), in the first sentence, by striking ‘‘and’’ at the end; Not later than 180 days after the date of en- ‘‘2015’’ and inserting ‘‘2020’’. (B) in subparagraph (B), by striking the pe- actment of this Act, the Secretary of Agri- (c) WEIGHING AUTHORITY.—Section 7A of the riod at the end and inserting ‘‘; and’’; and culture, in consultation with the United States United States Grain Standards Act (7 U.S.C. (C) by adding at the end the following: Trade Representative, shall submit to the Com- 79a) is amended— ‘‘(C) the Secretary— mittee on Agriculture, Nutrition, and Forestry (1) in subsection (c)(2), in the last sentence, by ‘‘(i) periodically conducts a consultation with of the Senate and the Committee on Agriculture striking ‘‘subsection (g) of section 7’’ and insert- the customers of the applicant, in a manner that of the House of Representatives a report that de- ing ‘‘subsections (e) and (g) of section 7’’; and provides opportunity for protection of the iden- (2) in subsection (l)— scribes— (1) the policy barriers to United States grain tity of the customer if desired by the customer, (A) by striking ‘‘(l)(1) The Secretary’’ and in- producers in countries the grain of which re- to review the performance of the applicant with serting the following: ceives official grading in the United States but regard to the provision of official inspection ‘‘(l) FEES.— services and other requirements of this Act; and ‘‘(1) WEIGHING FEES.— which do not offer official grading for United ‘‘(ii) works with the applicant to address any ‘‘(A) IN GENERAL.—The Secretary’’; States grain or provide only the lowest designa- concerns identified during the consultation (B) in paragraph (1)— tion for United States grain, including an anal- process.’’. (i) the second sentence, by striking ‘‘The fees’’ ysis of possible inconsistencies with trade obli- (3) GEOGRAPHIC BOUNDARIES FOR OFFICIAL and inserting the following: gations; and AGENCIES.— ‘‘(B) AMOUNT OF FEES.—The fees’’; (2) any actions the Executive Branch is taking (A) OFFICIAL INSPECTION AUTHORITY.—Section (ii) in the third sentence, by striking ‘‘Such to remedy the policy barriers so as to put United 7(f)(2) of the United States Grain Standards Act fees’’ and inserting the following: States grain producers on equal footing with (7 U.S.C. 79(f)(2)) is amended by striking ‘‘the ‘‘(C) USE OF FEES.—Fees described in this grain producers in countries imposing the bar- Secretary may’’ and all that follows through the paragraph’’; and riers. end of the paragraph and inserting the fol- (iii) by adding at the end the following: Mr. LANKFORD. Mr. President, I ask lowing: ‘‘the Secretary shall allow a designated ‘‘(D) EXPORT TONNAGE FEES.—For an official unanimous consent that the com- official agency to cross boundary lines to carry weighing at an export facility performed by the mittee-reported amendment be agreed out inspections in another geographic area if— Secretary, the portion of the fees based on ex- to, that the bill, as amended, be read a ‘‘(A) the current designated official agency for port tonnage shall be based on the rolling 5-year that geographic area is unable to provide in- average of export tonnage volumes.’’; third time and passed, and the motion spection services in a timely manner; (C) by redesignating paragraph (3) as para- to reconsider be made and laid upon ‘‘(B) a person requesting inspection services in graph (4); the table. that geographic area requests a probe inspection (D) by inserting after paragraph (2) the fol- The PRESIDING OFFICER. Without on a barge-lot basis; or lowing: objection, it is so ordered.

VerDate Sep 11 2014 02:57 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\CR\FM\A21SE6.023 S21SEPT1 SSpencer on DSK4SPTVN1PROD with SENATE September 21, 2015 CONGRESSIONAL RECORD — SENATE S6855 The committee amendment in the tegration possible. These pioneers in- to, and the motions to reconsider be nature of a substitute was agreed to. herently understood the importance of laid upon the table with no intervening The amendment was ordered to be their contributions to the realization action or debate. engrossed, and the bill to be read a of integration. They also recognized The PRESIDING OFFICER. Without third time. the undeniable truth that an inte- objection, it is so ordered. The bill was read the third time. grated and balanced force is a success- The resolution (S. Res. 260) was The bill (H.R. 2051), as amended, was ful force both on and off the battlefield. agreed to. passed. The effectiveness of a military unit The preamble was agreed to. f is almost always determined by the co- (The resolution, with its preamble, is hesion of its individual members, their printed in today’s RECORD under ‘‘Sub- CONGRATULATING CAPTAIN dedication to the team, and their com- mitted Resolutions.’’) KRISTEN GRIEST AND FIRST mitment to the mission. No individual f LIEUTENANT SHAYE HAVER ON servicemember can succeed by his or THEIR GRADUATION FROM MEASURES READ THE FIRST her efforts alone. Success is forged RANGER SCHOOL TIME—H.R. 3134 AND H.R. 3504 from equality and integration. Mr. LANKFORD. Mr. President, I ask As we celebrate Captain Griest’s and Mr. LANKFORD. Mr. President, I un- unanimous consent that the Armed Lieutenant Haver’s historic and inspir- derstand there are two bills at the Services Committee be discharged from ing achievements, we express our pride desk, and I ask for their first reading further consideration of and the Senate and gratitude for their personal cour- en bloc. now proceed to the consideration of S. age and sacrifice. I am confident that The PRESIDING OFFICER. The Res. 257. the military and our country are more clerk will read the bills by title for the The PRESIDING OFFICER. Without battle ready as a result. I am also con- first time. The bill clerk read as follows: objection, it is so ordered. fident that Captain Griest and Lieuten- The clerk will report the resolution ant Haver will continue to serve with A bill (H.R. 3134) to provide for a morato- rium on Federal funding to Planned Parent- by title. distinction as they ‘‘lead the way’’ as The bill clerk read as follows: hood Federation of America, Inc. our Nation’s newest U.S. Army Rang- A bill (H.R. 3504) to amend title 18, United A resolution (S. Res. 257) congratulating ers. As a result of their milestone States Code, to prohibit a health care practi- Captain Kristen Griest and First Lieutenant achievements, they have inspired a na- tioner from failing to exercise the proper de- Shaye Haver on their graduation from Rang- tion. gree of care in the case of a child who sur- er School. With this in mind, I am pleased to vives an abortion or attempted abortion. There being no objection, the Senate offer this resolution with Senators MI- Mr. LANKFORD. Mr. President, I proceeded to consider the resolution. KULSKI, AYOTTE, BALDWIN, BOXER, now ask for a second reading, and I ob- Ms. COLLINS. Mr. President, I rise CANTWELL, CAPITO, ERNST, FEINSTEIN, ject to my own request, all en bloc. to honor and congratulate CPT Kristen FISCHER, GILLIBRAND, HEITKAMP, The PRESIDING OFFICER. Objec- Griest and 1LT Shaye Haver for their HIRONO, KLOBUCHAR, MCCASKILL, MUR- tion is heard. historic accomplishment of being the KOWSKI, MURRAY, SHAHEEN, STABENOW, The bills will be read for the second first two women soldiers to complete WARREN, PERDUE, MURPHY, KIRK, time on the next legislative day. U.S. Army Ranger School and earn TESTER, FLAKE, REED, DONNELLY, f their highly coveted Ranger tabs. GRASSLEY, BLUMENTHAL, ISAKSON, WAR- Earning the right to wear a Ranger ORDERS FOR TUESDAY, NER, LEAHY, FRANKEN, RUBIO, HEINRICH, SEPTEMBER 22, 2015 tab is not for the faint-hearted. The COONS, THUNE, MERKLEY, and GARDNER, rigors of the course test even the honoring and recognizing the patriot- Mr. LANKFORD. Mr. President, I ask strongest service members. Many try; ism and historic contributions to the unanimous consent that when the Sen- few succeed. United States by Captain Griest and ate completes its business today, it ad- Through their grit and determina- Lieutenant Haver, and extend my best journ until 10 a.m., Tuesday, Sep- tion, Captain Griest and Lieutenant wishes and heartiest congratulations. tember 22; that following the prayer Haver have demonstrated that char- Mr. LANKFORD. Mr. President, I ask and pledge, the morning hour be acter, courage, and tenacity, not gen- unanimous consent that the resolution deemed expired, the Journal of pro- der, are the hallmarks of great be agreed to, the preamble be agreed ceedings be approved to date, and the servicemembers and leaders. to, and the motions to reconsider be time for the two leaders be reserved for Just as teamwork and dedication are laid upon the table. their use later in the day; further, that the benchmarks for military effective- The PRESIDING OFFICER. Without following leader remarks, the Senate ness, they are also the mandates of the objection, it is so ordered. resume consideration of the motion to U.S. Army Rangers who are tasked The resolution (S. Res. 257) was proceed to H.R. 36, with the time until with our Nation’s most challenging and agreed to. 11 a.m. equally divided between the two difficult missions. Captain Griest and The preamble was agreed to. leaders or their designees. Lieutenant Haver, along with their fel- (The resolution, with its preamble, is The PRESIDING OFFICER. Without low Ranger School classmates, braved printed in the RECORD of September 17, objection, it is so ordered. the challenges and serve as role models 2015, under ‘‘Submitted Resolutions.’’) f for girls and boys—women and men—in f ADJOURNMENT UNTIL 10 A.M. the United States and around the TOMORROW world. This integrated class answered HONORING THE LIFE AND LEGACY our Nation’s call to service. They stood OF CALVIN G. MORET Mr. LANKFORD. Mr. President, if shoulder-to-shoulder, enduring the Mr. LANKFORD. Mr. President, I ask there is no further business to come be- course’s extreme mental and physical unanimous consent that the Senate fore the Senate, I ask unanimous con- stress, together. Each carried his or proceed to the consideration of S. Res. sent that it stand adjourned under the her own weight, and at times the 260, submitted earlier today. previous order. weight of others, proving that integra- The PRESIDING OFFICER. The There being no objection, the Senate, tion represents not just a lofty goal, clerk will report the resolution by at 7:53 p.m., adjourned until Tuesday, but an achievable reality. Their collec- title. September 22, 2015, at 10 a.m. tive and distinguished accomplish- The bill clerk read as follows: f ments embody the values of our Armed A resolution (S. Res. 260) honoring the life NOMINATIONS Forces and our Nation. and legacy of Calvin G. Moret. Executive nominations received by The journey toward integration, how- There being no objection, the Senate the Senate: ever, has been hard fought. Before proceeded to consider the resolution. them, the first African Americans and Mr. LANKFORD. Mr. President, I ask DEPARTMENT OF DEFENSE women who answered the call to serv- unanimous consent that the resolution RICARDO A. AGUILERA, OF VIRGINIA, TO BE AN ASSIST- ANT SECRETARY OF THE AIR FORCE, VICE LISA S. ice laid the foundation for making in- be agreed to, the preamble be agreed DISBROW.

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DEPARTMENT OF TRANSPORTATION MICHAEL CHOI, OF NEW YORK RISHI KAPOOR, OF VIRGINIA ROGER VINCENT CHUANG, OF CALIFORNIA ASHOK KAUL, OF NEVADA SHOSHANA MIRIAM LEW, OF THE DISTRICT OF COLUM- D. MARKO CIMBALJEVICH, OF INDIANA KAMILAH MARESSA KEITH, OF GEORGIA BIA, TO BE CHIEF FINANCIAL OFFICER, DEPARTMENT OF SHOSHAUNA A. CLARK, OF COLORADO DERELL KENNEDO, OF TEXAS TRANSPORTATION, VICE SYLVIA I. GARCIA, RESIGNED. VANESSA D. COLON, OF TEXAS JULIA HARTT KENTNOR CORBY, OF ARIZONA NATHAN J. COOPER, OF CALIFORNIA GEOFFREY L. KEOGH, OF TEXAS DEPARTMENT OF STATE JESSI MARIE COPELAND, OF VIRGINIA PHILIP R. KERN, OF WYOMING ELISE S. CRANE, OF COLORADO AAMER ALAM KHAN, OF NEW JERSEY THOMAS A. SHANNON, JR., OF VIRGINIA, A CAREER IAN CRAWFORD, OF VIRGINIA UZMA FATIMAH KHAN, OF NORTH CAROLINA MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF REID MILLER CREEDON, OF MICHIGAN MIRA J. KIM, OF ILLINOIS CAREER AMBASSADOR, TO BE AN UNDER SECRETARY OF CATHERINE CROFT, OF WASHINGTON JUSTIN KIMMONS–GILBERT, OF TEXAS STATE (POLITICAL AFFAIRS), VICE WENDY RUTH SHER- RYAN ELIZABETH CROWLEY, OF MARYLAND CHELSEA M. KINSMAN, OF NEW YORK MAN. CHAD SPENCER CRYDER, OF INDIANA JENNIFER S. KLARMAN, OF FLORIDA DEPARTMENT OF DEFENSE CHANSONETTA C. CUMMINGS, OF VIRGINIA JOHN C. KNETTLES, OF WASHINGTON DAVID JUDE CUMMINGS, OF COLORADO VALERIE KNOBELSDORF, OF VIRGINIA JANINE ANNE DAVIDSON, OF VIRGINIA, TO BE UNDER ANDREW A. DAEHNE, OF TEXAS KEVIN J. KOCHER, OF FLORIDA SECRETARY OF THE NAVY, VICE ROBERT O. WORK, RE- EDWARD FRANCIS DANOWITZ III, OF GEORGIA AHMED KOKON, OF NEW YORK SIGNED. CYNTHIA C. DAVILA, OF CALIFORNIA KENNETH KOSAKOWSKI, OF FLORIDA LISA S. DISBROW, OF VIRGINIA, TO BE UNDER SEC- STEWART E. DAVIS, OF THE DISTRICT OF COLUMBIA JAN JERRY KRASNY, OF FLORIDA RETARY OF THE AIR FORCE, VICE ERIC K. FANNING, RE- JENNIFER L. DENHARD, OF FLORIDA ARIANA KROSHINSKY, OF NEW YORK SIGNED. ANDREW R. DEVLIN, OF VIRGINIA CHANANYA KUNVATANAGARN, OF PENNSYLVANIA ERIC K. FANNING, OF THE DISTRICT OF COLUMBIA, TO CINDY MARIE DIOUF, OF SOUTH DAKOTA MATTHEW H. KUSTEL, OF CALIFORNIA BE SECRETARY OF THE ARMY, VICE JOHN M. MCHUGH. DAISY A. DIX, OF VIRGINIA KAREN ANN KUZIS MEYER, OF WASHINGTON JENNIFER M. O’CONNOR, OF MARYLAND, TO BE GEN- DUSTIN DOCKIEWICZ, OF CALIFORNIA VALERIE A. LABOY, OF TEXAS ERAL COUNSEL OF THE DEPARTMENT OF DEFENSE, VICE ANDREW HARRINGTON DOEHLER, OF MARYLAND MICHAEL W. LACYK, OF CALIFORNIA STEPHEN WOOLMAN PRESTON, RESIGNED. CHRISTY S. DOHERTY, OF VIRGINIA BORCHIEN LAI, OF THE DISTRICT OF COLUMBIA KIRK EDWARD DONAHOE, OF PENNSYLVANIA JEFFREY R. LAKSHAS, OF WASHINGTON FOREIGN SERVICE CLARE E. DOWDLE, OF THE DISTRICT OF COLUMBIA JIN–FONG YASUO LAM, OF FLORIDA RICHARD L. DUBOIS III, OF KANSAS MATTHEW COURTNEY LAMM, OF WASHINGTON THE FOLLOWING–NAMED PERSONS OF THE DEPART- MICHAEL DUBRAY, OF CALIFORNIA RENEE LYNN LARIVIERE, OF VERMONT MENT OF STATE FOR APPOINTMENT AS FOREIGN SERV- KARL DUCKWORTH, OF PENNSYLVANIA BENJAMIN ISAAC LAZARUS, OF NORTH CAROLINA ICE OFFICERS OF THE CLASSES STATED. ANDREW WEBER DUFF, OF VIRGINIA BENEY JUHYON LEE, OF WASHINGTON FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF SUSAN L. DUNATHAN, OF WASHINGTON DANIEL K. LEE, OF CALIFORNIA CLASS ONE, CONSULAR OFFICER AND SECRETARY IN THE NAKASHIA CHERISE DUNNER, OF SOUTH CAROLINA SCOTT T. LEO, OF CONNECTICUT DIPLOMATIC SERVICE OF THE UNITED STATES OF AMER- ANNA DUPONT, OF NEW YORK KRISTINA LESZCZAK, OF THE DISTRICT OF COLUMBIA ICA: SANDRA L. DUPUY, OF FLORIDA STEVE DAVIS LEU, OF CALIFORNIA JASON DOUGLAS KALBFLEISCH, OF ALASKA JOSEPH R. DURAN, OF OKLAHOMA KUAN–WEN LIAO, OF NEW YORK RAHIMA KANDAHARI, OF VIRGINIA JOEL DYLHOFF, OF ILLINOIS SHANNON LIBURD, OF NEW YORK FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF HANNAH EAGLETON, OF MINNESOTA JOSEPH KUO LIN, OF CALIFORNIA CLASS TWO, CONSULAR OFFICER AND SECRETARY IN DERRICK EDUARD ECKARDT, OF INDIANA DAVID LINFIELD, OF FLORIDA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF TIMOTHY R. EDGE, OF CALIFORNIA ALLISON WERNER LISTERMAN, OF NORTH CAROLINA AMERICA: KRISTEN MICHELLE EDIANN SMART, OF THE DISTRICT JEREMY PAUL LITTLE, OF WASHINGTON OF COLUMBIA PETER ALBERT LOSSAU, OF FLORIDA MARLAINA R. CASEY, OF THE DISTRICT OF COLUMBIA AMY ELIZABETH EICHENBERG, OF MICHIGAN MY LU, OF CALIFORNIA REBECCA SCHWALBACH DALEY, OF VIRGINIA WREN S. ELHAI, OF VIRGINIA JACLYN LUO, OF TEXAS REBECCA EDWARDS, OF VIRGINIA GAVIN TOLLEFSEN ELLIOTT, OF CALIFORNIA JOSHUA HOWARD LUSTIG, OF MARYLAND PATRICK FENNING, OF VIRGINIA CHRISTOPHER CHARLES ELLIS, OF OREGON JENNIFER L. MAATTA, OF WASHINGTON FADI A. HADDAD, OF FLORIDA MARY K. FANOUS, OF FLORIDA EWAN JOHN MACDOUGALL, OF NEW YORK ALBERT JOHN JANEK III, OF VIRGINIA CHRISTOPHER R. FARLOW, OF FLORIDA DANIEL P. MADAR, OF SOUTH CAROLINA DAVID H. LIBOFF, OF FLORIDA JESSICA T. FARMER, OF MAINE MATTHEW A. MALONE, OF MARYLAND GWENDOLYN LLEWELLYN, OF VIRGINIA MARTHA C. FARNSWORTH, OF CONNECTICUT CRISTOPH ALEXIS MARK, OF CALIFORNIA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF BILAL FARUQI, OF NEW YORK DAN MARK, OF WASHINGTON CLASS THREE, CONSULAR OFFICER AND SECRETARY IN CHARLES A. FEE, OF WASHINGTON DOREEN VAILLANCOURT MARONEY, OF MARYLAND THE DIPLOMATIC SERVICE OF THE UNITED STATES OF MICHAEL JARED FELDMAN, OF MARYLAND THOMAS PATRICK MAROTTA, OF FLORIDA AMERICA: JAMES P. FELDMAYER, OF VIRGINIA TRACY MARTIN, OF NEW YORK LIDIA AVAKIAN, OF VIRGINIA DANIEL D. FENECH, OF TEXAS MARY RODEGHIER MARTIN, OF FLORIDA CARRIE LYNN BASNIGHT, OF FLORIDA BETH RUSHFORD FERNALD, OF NEW HAMPSHIRE CATHERINE LIND MATHES, OF KANSAS KARLA C. BROWN, OF CALIFORNIA LIAM E. FITZGERALD, OF VIRGINIA BRIAN AARON MATTYS, OF NEW YORK TABATHA L. FAIRCLOUGH, OF THE DISTRICT OF COLUM- SHARYN C. FITZGERALD, OF VIRGINIA PAUL A. MCDERMOTT, OF TEXAS BIA ROBERT WILLIAM FOLLEY, OF WISCONSIN KRISTINE R. MCELWEE, OF OREGON KWANG H. KIM, OF FLORIDA AMIRA A. FOUAD, OF CALIFORNIA TODD MICHAEL MCGEE, OF FLORIDA ADAM EDWIN FOX, OF IOWA KARL W. MCNAMARA, OF SOUTH DAKOTA FOR APPOINTMENT AS FOREIGN SERVICE OFFICER OF SACHA FRAITURE, OF MARYLAND DAVID MCWILLIAMS, OF TEXAS CLASS FOUR, CONSULAR OFFICER AND SECRETARY IN DAVID C. FREEMAN, OF VIRGINIA LAUREN ALEXANDRIA MEEHLING, OF ARIZONA THE DIPLOMATIC SERVICE OF THE UNITED STATES OF DAVID FREITAS, OF CALIFORNIA REAZ MEHDI, OF VIRGINIA AMERICA: KATHERINE B. G. TARR, OF TEXAS KRISTIN ASHLEY MENCER, OF TENNESSEE NISHA ABRAHAM, OF TEXAS GREGORY ROBERT GAEDE, OF CALIFORNIA RACHEL ATWOOD MENDIOLA, OF NORTH DAKOTA CLARISSA S. ADAMSON, OF THE DISTRICT OF COLUMBIA JASON HOWARD GALLIAN, OF UTAH SAUL MERCADO, OF NEW YORK MICHAEL KEITH AGNER, JR., OF FLORIDA EDUARDO GARCIA, OF TEXAS SHANNON M. MERLO, OF VIRGINIA MEGAN AHEARN, OF PENNSYLVANIA NICHOLAS B. GEISINGER, OF VIRGINIA LITAH NICOLE MILLER, OF MISSOURI MAROOF P. AHMED, OF FLORIDA LAUREN M. GIBSON, OF MARYLAND RYAN S. MILLER, OF OHIO NADIA SHAIRZAY AHMED, OF VIRGINIA BRIAN A. GILLESPIE, OF TENNESSEE SETH ADAM MILLER, OF THE DISTRICT OF COLUMBIA AAMIR ALAVI, OF CALIFORNIA DARROW SLADE GODESKI MERTON, OF NEW YORK CHAD GREGORY MINER, OF LOUISIANA DANA O. AL–EBRAHIM, OF PENNSYLVANIA TRACI L. GOINS, OF FLORIDA KYLE JOHN MISSBACH, OF TEXAS DRU ALEJANDRO, OF FLORIDA KESHAV GOPINATH, OF CALIFORNIA MICHAEL JOHN MITCHELL, OF MINNESOTA BETH M. ANDONOV, OF NEVADA KAM J. GORDON, OF UTAH HOMEYRA NAVEEN MOKHTARZADA, OF THE DISTRICT OF BRIAN DAVID ASCHER, OF FLORIDA NICHOLAS GRAY, OF WISCONSIN COLUMBIA NATHANIEL F. AUSTIN, OF WASHINGTON LUKE S. GREICIUS, OF NEW YORK CHARLES L. MONTGOMERY, OF CALIFORNIA OSCAR D. AVILA, OF FLORIDA KAY TRENHOLME HAIRSTON, OF VIRGINIA EVAN MORRISEY, OF WASHINGTON KALA CARRUTHERS AZAR, OF VIRGINIA ALEXANDER FERRELL HALL, OF WASHINGTON SCOTT E. MURPHY, OF VIRGINIA JONATHAN BAAS, OF ARIZONA JOHN RICHARD HALL, OF TEXAS NINA MURRAY, OF NEBRASKA ANDREW C. BAKER, OF CALIFORNIA BARBARA HALL, OF THE DISTRICT OF COLUMBIA ALI J. NADIR, OF NEW YORK ANNA L. BALOGH, OF MASSACHUSETTS JASON DAMON HALLECK, OF CALIFORNIA KERRIE ANN NANNI, OF TEXAS SARAH S. BANERJEE, OF WASHINGTON JAMES NOEL HAMILTON, OF WASHINGTON JOSEPH JOHN NARUS, OF OREGON FRANCESCO CARLO BARBACCI, OF VIRGINIA HAMMAD BASSAM HAMMAD, OF CALIFORNIA CRISTINA MARIE NARVAEZ, OF FLORIDA ZACHARY ISAAC BARTER, OF COLORADO JEFFREY HANLEY, OF PENNSYLVANIA MEGAN JOHNSON NAYLOR, OF TEXAS ANDREW BARWIG, OF COLORADO MICHAEL HARKER, OF NORTH CAROLINA WILLIAM E. O’BRYAN, OF NEBRASKA NICOLE C. BAYER, OF CALIFORNIA BRENDAN J. HARLEY, OF PENNSYLVANIA RACHEL MARIE O’HARA, OF MARYLAND CALEB DANIEL BECKER, OF TEXAS MARY K. HARRINGTON, OF NEW HAMPSHIRE RACHEL OREOLUWA OKUNUBI, OF THE DISTRICT OF CO- BRANISLAVA BELL, OF NORTH CAROLINA JENNIFER ANNE–MARIE HARWOOD, OF MARYLAND LUMBIA ANNIKA R. BETANCOURT, OF CONNECTICUT AMAL MOUSSAOUI HAYNES, OF NEW YORK AMBER M. OLIVA, OF ALASKA BRIDGET K. BINDER, OF MARYLAND KARLENE M. HENNINGER FRELICH, OF FLORIDA MARK GEORGE OSWALD, OF OREGON SHAILAJA BISTA, OF GEORGIA YASMEEN HIBRAWI, OF CALIFORNIA DIANNA PALEQUIN, OF MICHIGAN D. JAMES BJORKMAN, OF UTAH CARLTON JEROME HICKS, OF VIRGINIA DAVID TODD PANETTI, OF MINNESOTA BRIDGET BLAGOEVSKI–TRAZOFF, OF NEW YORK ALLEN C. HODGES, OF WASHINGTON JASON LEE PARK, OF NEW JERSEY RICHMOND PAUL BLAKE, OF PENNSYLVANIA CHRISTIANA MICHELLE HOLLIS, OF FLORIDA TYLER J. PARTRIDGE, OF ARIZONA JOSHUA AARON BLANC SMITH, OF CALIFORNIA REID STEVENSON HOWELL, OF OREGON LEONARD K. PAYNE IV, OF FLORIDA SEAN DANIEL BODA, OF FLORIDA MAIETA HOWZE, OF NEW YORK CASSANDRA J. PAYTON, OF FLORIDA MATTHEW ANTHONY BOULLIOUN, OF CALIFORNIA RICHARD DANIEL HUGHES, OF NEW YORK MEGAN MCCRORY PEILER, OF VIRGINIA MICHAEL DAVIDSON BOVEN, OF MICHIGAN JONATHAN HWANG, OF CALIFORNIA MIGAEL S. PENIX, OF NORTH CAROLINA ROYCE MELBERT BRANCH II, OF TEXAS ADAEZE J. IGWE, OF TEXAS AMY PETERSEN, OF TEXAS BRIAN JAMES BREUHAUS, OF NEW YORK KUMI T. IKEDA, OF CALIFORNIA NATALIE L. PETERSON, OF OHIO LASEAN WADE BROWN, OF GEORGIA AMIRAH TAREK ISMAIL, OF VIRGINIA SHANNON ELISABETH PETRY, OF TEXAS CAROLINE R. BUDDENHAGEN, OF FLORIDA AARON THEODORE JACKSON, OF CALIFORNIA ROBERT MATTHEW PICKETT, OF OREGON TIMOTHY JAMES BUGANSKY, OF OHIO DANIEL ALEXANDER JACOBS–NHAN, OF GEORGIA BRANDON NOBLE PIERCE, OF FLORIDA KEVIN J. BURGWINKLE, OF VIRGINIA KARI L. JAKSA, OF MICHIGAN MATTHEW COLE PIERSON, OF VIRGINIA LAURA ALLISON BURNS, OF FLORIDA JESSICA LYNN JARCEV, OF WASHINGTON LISA N. PODOLNY, OF FLORIDA ANDREW GEORGE BURY III, OF VIRGINIA JOSANDA EVELYN JINNETTE, OF TEXAS KEVIN C. PRICE, OF VIRGINIA JOHN W. BUSH II, OF FLORIDA JOO WEON JOHN PARK, OF VIRGINIA LAURA QUINN, OF NEW YORK CYNTHIA ROCHELLE CAPLAN, OF CALIFORNIA ELVIN JOHN, OF TEXAS HEDAYAT KHALIL RAFIQZAD, OF VIRGINIA THERESA ANN CARPENTER SONDJO, OF MARYLAND DOUGLAS MAYES JOHNSON, OF ARIZONA CHRISTOPHER RAINS, OF CALIFORNIA YANCY W. CARUTHERS, OF MISSOURI NADINE FARID JOHNSON, OF WASHINGTON BAHRAM M. RAJAEE, OF DELAWARE JEFFREY PHILIP CERNYAR, OF TEXAS ALLISON BARR JONES, OF MAINE AMANJIT RAMESH, OF VIRGINIA DEAN I. CHANG, OF PENNSYLVANIA BRITT JAMISON JONES, OF NORTH CAROLINA SHANKAR RAO, OF CALIFORNIA ERICA CECILIA CHIUSANO, OF CALIFORNIA DAVID JOSAR, OF PENNSYLVANIA KEDENARD MADEILLE RAYMOND, OF MARYLAND GRACE WOORI CHOI, OF CALIFORNIA BARRY H. JUNKER, OF SOUTH DAKOTA JUSTIN REID, OF CALIFORNIA YUSHIN CHOI, OF CALIFORNIA JAMES JOSEPH KANIA, OF NEW JERSEY JAMES PATRICK REIDY, OF TEXAS

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REBECCA RESNIK, OF MARYLAND JOHN THOMPSON, OF TEXAS WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND SALINA RICO, OF CALIFORNIA SEAN ANDREW THOMPSON, OF WASHINGTON RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ARMANDO DIEGO RIVERA, OF ARIZONA BRIAN ANDREW TIMM–BROCK, OF MARYLAND JOHN TIMOTHY ROBBINS, OF TEXAS TAYLOR C. TINNEY, OF FLORIDA To be lieutenant general KAHINA MILDRANA ROBINSON, OF CALIFORNIA LESLIE M. TOKIWA, OF CALIFORNIA LT. GEN. DAVID D. HALVERSON SEAN WILLIAM ROBINSON, OF FLORIDA GREGORY VINSON TOLLE, OF VIRGINIA THAD W. ROSS, OF IDAHO J. BARRETT TRAVIS, OF TEXAS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SAMUEL J. ROTENBERG, OF NEW YORK AARON CHAUNCEY TRUAX, OF NEW HAMPSHIRE IN THE UNITED STATES ARMY TO THE GRADE INDICATED JOHN RUNKLE, OF WASHINGTON KARL EVAN TRUNK, OF WASHINGTON WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND EMILY ANNE RUPPEL, OF MINNESOTA CAITLIN JANE TUMULTY, OF MASSACHUSETTS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RAOUL A. RUSSELL, OF TENNESSEE OLGA TUNGA, OF TEXAS JOHN JACOB RUTHERFORD IV, OF CALIFORNIA WILLIAM DAVID TUNGETT FROST, OF KENTUCKY To be lieutenant general NICHOLAS TYNER, OF MASSACHUSETTS WILLIAM C. SANDS, OF TEXAS MAJ. GEN. KENNETH R. DAHL SCOTT R. SANFORD, OF WYOMING DAVID MARK URBIA, OF MINNESOTA JOHN DAVID SARRAF, OF PENNSYLVANIA ANNE M. VASQUEZ, OF FLORIDA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIAN J. SAWICH, OF NEW HAMPSHIRE KARINA A. VERAS, OF NEW YORK IN THE UNITED STATES ARMY VETERINARY CORPS TO GEORGE A. SCHAAL, OF ARIZONA CHARLES F. VETTER, OF TEXAS THE GRADE INDICATED UNDER TITLE 10, U.S.C., SEC- JOANNA M. SCHENKE, OF TEXAS NHU VU, OF CALIFORNIA TIONS 3064 AND 3084: CHRISTOPHER SCHIRM, OF ARIZONA VANJA VUKOTA, OF FLORIDA To be brigadier general MIRIAM S. SCHIVE, OF MARYLAND PERSIA WALKER, OF CALIFORNIA STEPHANIE LAURA SCHMID, OF THE DISTRICT OF CO- CYNTHIA H. WANG, OF CALIFORNIA COL. ERIK H. TORRING III LUMBIA RONALD P. WARD, OF FLORIDA JEFFREY M. WARNER, OF NEVADA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CURTIS L. SCHMUCKER, OF FLORIDA IN THE UNITED STATES ARMY TO THE GRADE INDICATED GARY SCHUMANN, OF FLORIDA EILEEN WEDEL, OF FLORIDA REBECCA WEIDNER, OF VIRGINIA WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MATTHEW WILLIAM SCRANTON, OF DELAWARE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MONICA M. SENDOR, OF NORTH CAROLINA NELSON H. WEN, OF TEXAS SHEILA TAYLOR SHAMBER, OF FLORIDA KEITH E. WEST, OF FLORIDA To be lieutenant general JAMES JONAS SHEA, OF MARYLAND ELIZABETH ANNE WEWERKA, OF FLORIDA ALEXANDRA G. SHEMA, OF VIRGINIA EMILY BUTLER WHITE, OF CALIFORNIA MAJ. GEN. THOMAS S. VANDAL MARY ANN SHEPHERD, OF COLORADO ASHLEY M. WHITE, OF OHIO ZAINABU ZAWADI WILLIAMS, OF MARYLAND THE FOLLOWING ARMY NATIONAL GUARD OF THE TIMOTHY SHRIVER, OF IOWA ERIC MICHAEL WILSON, OF THE DISTRICT OF COLUMBIA UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- SHANE A. SIEGEL, OF NEW YORK ANDREW G. WINKELMAN, OF NORTH CAROLINA SERVE OF THE ARMY TO THE GRADE INDICATED UNDER JEFFREY HANCOCK SILLIN, OF THE DISTRICT OF COLUM- KEVIN JAMES WITTENBERGER, OF FLORIDA TITLE 10, U.S.C., SECTIONS 12203 AND 12211: BIA COURTNEY J. WOODS, OF ARKANSAS JOAN LOUISE SIMON BARTHOLOMAUS, OF WASHINGTON To be brigadier general ANDREW J. WYLIE, OF FLORIDA LEE JAMES SKLUZAK, OF VIRGINIA STALLION EASE YANG, OF CALIFORNIA BENJAMIN J. SMITH, OF ARIZONA COL. VALERIA GONZALEZ–KERR HYUN YOON, OF FLORIDA CHRISTOPHER FREDERIC SMITH, OF TEXAS THE FOLLOWING ARMY NATIONAL GUARD OF THE DENISE ROSALIND ZAVRAS, OF THE DISTRICT OF COLUM- MARISSA L. SMITH, OF ARIZONA UNITED STATES OFFICER FOR APPOINTMENT IN THE RE- BIA RACHEL ELIZABETH SMITH, OF CALIFORNIA SERVE OF THE ARMY TO THE GRADE INDICATED UNDER LU ZHOU, OF CALIFORNIA SEAN ROBERT SMITH, OF PENNSYLVANIA TITLE 10, U.S.C., SECTIONS 12203 AND 12211: MICHELLE ZIA, OF VIRGINIA LACHLYN M. SOPER, OF TEXAS MATTHEW H. ZIEMS, OF ILLINOIS JULIANA AURELIA SPAVEN, OF THE DISTRICT OF CO- To be brigadier general YETTA JOY ZIOLKOWSKI, OF THE DISTRICT OF COLUMBIA LUMBIA RAFAELA ZUIDEMA–BLOMFIELD, OF PENNSYLVANIA COL. JOHN J. MORRIS SILVIA FREYRE SPRING, OF MARYLAND PAUL A. ST. PIERRE II, OF TENNESSEE THE FOLLOWING–NAMED PERSON OF THE DEPART- IN THE COAST GUARD GREGORY S. STAFF, OF VIRGINIA MENT OF STATE FOR APPOINTMENT AS A FOREIGN EVAN ROBERT STANLEY, OF FLORIDA SERVICE OFFICER OF THE CLASS STATED: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANDREW STAPLES, OF WASHINGTON FOREIGN SERVICE OFFICER OF CLASS FOUR, CON- IN THE UNITED STATES COAST GUARD RESERVE TO THE JUSTIN JAMES STECKLEY, OF FLORIDA SULAR OFFICER AND SECRETARY IN THE DIPLOMATIC GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION ADAM T. STEVENS, OF CONNECTICUT SERVICE OF THE UNITED STATES OF AMERICA, EFFEC- 12203(A): TIVE JULY 6, 2010: JACOB DARYL STEVENS, OF WASHINGTON To be rear admiral (lower half) KARYN M. STOVALL, OF ILLINOIS DERRIN RAY SMITH, OF FLORIDA LUCIJA BAJZER STRALEY, OF MINNESOTA THE FOLLOWING–NAMED CAREER MEMBER OF THE CAPT. ANDREW S. MCKINLEY ELISABETH CORBIN STRATTON, OF THE DISTRICT OF CO- FOREIGN SERVICE OF THE DEPARTMENT OF STATE FOR THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT LUMBIA PROMOTION WITHIN THE SENIOR FOREIGN SERVICE TO IN THE UNITED STATES COAST GUARD TO THE GRADE IN- TRACY M. STRAUCH, OF VIRGINIA THE CLASS INDICATED: DICATED UNDER TITLE 14, U.S.C., SECTION 271(E): MARY M. STREETZEL, OF FLORIDA CAREER MEMBER OF THE SENIOR FOREIGN SERVICE AKASH R. SURI, OF CALIFORNIA OF THE UNITED STATES OF AMERICA, CLASS OF MIN- To be rear admiral (lower half) BENJAMIN ANDRI SWANSON, OF SOUTH DAKOTA ISTER–COUNSELOR: SARAH HOWE SWATZBURG, OF NEVADA CAPTAIN MATTHEW T. BELL SANDY A. SWITZER, OF CALIFORNIA STUART MACKENZIE HATCHER, OF VIRGINIA CAPTAIN MELISSA BERT CODY W. SWYER, OF CALIFORNIA IN THE ARMY CAPTAIN DAVID M. DERMANELIAN TINA K. TAKAGI, OF CALIFORNIA CAPTAIN ROBERT P. HAYES KAREN TANG, OF VIRGINIA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAPTAIN ANDREW J. TIONGSON SHAWN TENBRINK, OF OHIO IN THE UNITED STATES ARMY TO THE GRADE INDICATED CAPTAIN ANTHONY J. VOGT

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SENATE COMMITTEE MEETINGS Meetings scheduled for Tuesday, Sep- SEPTEMBER 30 tember 22, 2015 may be found in the 2:30 p.m. Title IV of Senate Resolution 4, Daily Digest of today’s record. Committee on Homeland Security and agreed to by the Senate of February 4, Governmental Affairs 1977, calls for establishment of a sys- MEETINGS SCHEDULED Subcommittee on Federal Spending Over- sight and Emergency Management tem for a computerized schedule of all SEPTEMBER 23 meetings and hearings of Senate com- To hold hearings to examine end of the 11 a.m. mittees, subcommittees, joint commit- year spending. Committee on Homeland Security and SD–342 tees, and committees of conference. Governmental Affairs This title requires all such committees Subcommittee on Regulatory Affairs and OCTOBER 1 to notify the Office of the Senate Daily Federal Management 9:30 a.m. Digest—designated by the Rules Com- To hold hearings to examine the use of Committee on Armed Services mittee—of the time, place and purpose agency regulatory guidance. To hold hearings to examine the procure- of the meetings, when scheduled and SD–342 ment, acquisition, testing, and over- any cancellations or changes in the sight of the Navy’s Gerald R. Ford-class meetings as they occur. SEPTEMBER 24 aircraft carrier program. 2:30 p.m. SD–G50 As an additional procedure along Select Committee on Intelligence 2 p.m. Committee on the Judiciary with the computerization of this infor- To hold hearings to examine certain in- Subcommittee on Immigration and the Na- mation, the Office of the Senate Daily telligence matters. tional Interest Digest will prepare this information for SH–216 To hold an oversight hearing to examine printing in the Extensions of Remarks the Administration’s FY 2016 refugee section of the CONGRESSIONAL RECORD resettlement program, including fiscal on Monday and Wednesday of each and security implications. week. SD–226

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

VerDate Sep 11 2014 02:50 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\M21SE8.000 E21SEPT1 emcdonald on DSK67QTVN1PROD with REMARKS Monday, September 21, 2015 Daily Digest Senate motion to proceed to consideration of H.R. 36, to Chamber Action amend title 18, United States Code, to protect pain- Routine Proceedings, pages S6821–S6857 capable unborn children. Pages S6822–47 Measures Introduced: Two bills and one resolution A unanimous-consent agreement was reached pro- were introduced, as follows: S. 2061–2062, and S. viding for further consideration of the motion to Res. 260. Page S6849 proceed to consideration of the bill at approximately Measures Reported: 10 a.m., on Tuesday, September 22, 2015, with the H.R. 623, to amend the Homeland Security Act time until 11 a.m. equally divided between the two of 2002 to authorize the Department of Homeland Leaders, or their designees. Page S6855 Security to establish a social media working group, Nominations Received: Senate received the fol- with an amendment in the nature of a substitute. (S. lowing nominations: Rept. No. 114–145) Page S6849 Ricardo A. Aguilera, of Virginia, to be an Assist- Measures Passed: ant Secretary of the Air Force. Truth in Settlements Act: Senate passed S. 1109, Shoshana Miriam Lew, of the District of Colum- to require adequate information regarding the tax bia, to be Chief Financial Officer, Department of treatment of payments under settlement agreements Transportation. entered into by Federal agencies, after agreeing to Thomas A. Shannon, Jr., of Virginia, to be an the following amendment proposed thereto: Under Secretary of State (Political Affairs). Pages S6851–52 Janine Anne Davidson, of Virginia, to be Under Lankford (for Vitter) Amendment No. 2668, to Secretary of the Navy. apply the disclosure requirements to settlements be- Lisa S. Disbrow, of Virginia, to be Under Sec- tween agencies and private entities and require infor- retary of the Air Force. mation regarding the use of funds collected under Eric K. Fanning, of the District of Columbia, to settlement agreements. Pages S6851–52 be Secretary of the Army. Mandatory Price Reporting Act: Senate passed Jennifer M. O’Connor, of Maryland, to be General H.R. 2051, to amend the Agricultural Marketing Counsel of the Department of Defense. Act of 1946 to extend the livestock mandatory price 6 Army nominations in the rank of general. reporting requirements, after agreeing to the com- 7 Coast Guard nominations in the rank of admi- mittee amendment in the nature of a substitute. ral. Pages S6852–55 A routine list in the Foreign Service. Congratulating Captain Kristen Griest and Pages S6855–57 First Lieutenant Shaye Haver: Committee on Messages from the House: Page S6849 Armed Services was discharged from further consid- eration of S. Res. 257, congratulating Captain Measures Referred: Page S6849 Kristen Griest and First Lieutenant Shaye Haver on Measures Read the First Time: Pages S6849, S6855 their graduation from Ranger School, and the resolu- Enrolled Bills Presented: Page S6849 tion was then agreed to. Page S6855 Honoring the Life of Calvin G. Moret: Senate Additional Cosponsors: Pages S6849–50 agreed to S. Res. 260, honoring the life and legacy Statements on Introduced Bills/Resolutions: of Calvin G. Moret. Page S6855 Pages S6850–51 Measures Considered: Additional Statements: Page S6848 Pain-Capable Unborn Child Protection Act— Amendments Submitted: Page S6851 Agreement: Senate resumed consideration of the D995

VerDate Sep 11 2014 03:47 Sep 22, 2015 Jkt 049060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D21SE5.REC D21SEPT1 smartinez on DSK67QTVN1PROD with DIGEST D996 CONGRESSIONAL RECORD — DAILY DIGEST September 21, 2015 Adjournment: Senate convened at 2 p.m. and ad- journed at 7:53 p.m., until 10 a.m. on Tuesday, Sep- Committee Meetings tember 22, 2015. (For Senate’s program, see the re- (Committees not listed did not meet) marks of the Acting Majority Leader in today’s Record on page S6855.) No committee meetings were held. h House of Representatives Chamber Action CONGRESSIONAL PROGRAM AHEAD The House was not in session today. The House Week of September 22 through September 25, is scheduled to meet in a Pro Forma session at 4 2015 p.m. on Tuesday, September 22, 2015. Senate Chamber On Tuesday, at 10 a.m., Senate will continue con- Committee Meetings sideration of the motion to proceed to consideration No hearings were held. of H.R. 36, Pain-Capable Unborn Child Protection Act, with a vote on the motion to invoke cloture thereon at approximately 11 a.m. Joint Meetings During the balance of the week, Senate may con- No joint committee meetings were held. sider any cleared legislative and executive business. f Senate Committees COMMITTEE MEETINGS FOR TUESDAY, (Committee meetings are open unless otherwise indicated) SEPTEMBER 22, 2015 Committee on Armed Services: September 22, to hold hear- (Committee meetings are open unless otherwise indicated) ings to examine United States Middle East policy, 9:30 a.m., SH–216. Senate Committee on Foreign Relations: September 22, to hold hearings to examine the nomination of Susan Coppedge Committee on Armed Services: to hold hearings to examine Amato, of Georgia, to be Director of the Office to Mon- United States Middle East policy, 9:30 a.m., SH–216. itor and Combat Trafficking, with the rank of Ambas- Committee on Foreign Relations: to hold hearings to exam- sador at Large, Department of State, 10 a.m., SD–419. ine the nomination of Susan Coppedge Amato, of Geor- Committee on Homeland Security and Governmental Affairs: gia, to be Director of the Office to Monitor and Combat September 22, to hold hearings to examine improving Trafficking, with the rank of Ambassador at Large, De- VA accountability, focusing on examining first-hand ac- partment of State, 10 a.m., SD–419. counts of Department of Veterans Affairs whistleblowers, Committee on Homeland Security and Governmental Affairs: 9:30 a.m., SD–342. to hold hearings to examine improving VA account- September 23, Subcommittee on Regulatory Affairs ability, focusing on examining first-hand accounts of De- and Federal Management, to hold hearings to examine partment of Veterans Affairs whistleblowers, 9:30 a.m., the use of agency regulatory guidance, 11 a.m., SD–342. SD–342. Committee on Judiciary: September 22, Subcommittee on Committee on Judiciary: Subcommittee on Antitrust, Antitrust, Competition Policy and Consumer Rights, to Competition Policy and Consumer Rights, to hold hear- hold hearings to examine consolidation in the health in- ings to examine consolidation in the health insurance in- surance industry and its impact on consumers, 10 a.m., dustry and its impact on consumers, 10 a.m., SD–226. SD–226. Select Committee on Intelligence: to receive a closed brief- Select Committee on Intelligence: September 22, to receive ing on certain intelligence matters, 2:30 p.m., SH–219. a closed briefing on certain intelligence matters, 2:30 p.m., SH–219. House September 24, Full Committee, to hold hearings to ex- amine certain intelligence matters, 2:30 p.m., SH–216. No hearings are scheduled. House Committees Committee on Energy and Commerce, September 25, Sub- committee on Communications and Technology, hearing

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entitled ‘‘Broadcasting Ownership in the 21st Century’’, on VIN Database and Auto Whistleblower Bills’’, 9:15 9 a.m., 2123 Rayburn. a.m., 2322 Rayburn. September 25, Subcommittee on Commerce, Manufac- turing, and Trade, hearing entitled ‘‘Legislative Hearing

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Tuesday, September 22 4 p.m., Tuesday, September 22

Senate Chamber House Chamber Program for Tuesday: Senate will continue consider- Program for Tuesday: The House is scheduled to meet ation of the motion to proceed to consideration of H.R. in a Pro Forma session at 4 p.m. on Tuesday, September 36, Pain-Capable Unborn Child Protection Act, with a 22, 2015. vote on the motion to invoke cloture thereon at approxi- mately 11 a.m.

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