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

Vol. 162 WASHINGTON, TUESDAY, JUNE 21, 2016 No. 99 Senate The Senate met at 10 a.m. and was ‘‘What’s your name?’’ the operator a majority of the Senate voted to sup- called to order by the President pro asked. port these proposals, most Democrats tempore (Mr. HATCH). ‘‘My name,’’ he said, ‘‘is I pledge alle- voted against both. f giance to Abu Bakr al-Baghdadi of the So let me say this again. Senator Islamic State.’’ CORNYN put forward a serious proposal PRAYER It was 2:35 a.m., a half-hour into his designed to prevent known or sus- The Chaplain, Dr. Barry C. Black, of- terrorist attack. The terrorist would pected terrorists from being able to fered the following prayer: soon meet his end at the hands of law buy a gun, and Democrats voted Let us pray. enforcement, and first responders against it. God and Father of all, without whom would make their way through the Now, does that mean Democrats have our labor is but lost and with whom the aftermath of his ISIL-inspired hatred— decided to sell weapons to ISIL? Of weak are made mighty, make us wor- the deafening hum of unanswered cell course not. Democrats surely don’t be- thy of Your mercies. phones crescendoing around them. lieve their leadership’s claim that any Lord, help our lawmakers to find CIA Director Brennan called this ter- Senator voted to sell guns to terrorists strength in Your abiding love. Lift rorist attack ‘‘an assault on the values last night, just as Democrats really their minds to the pure serenity of of openness and tolerance that define don’t believe that every Democrat who Your presence, enabling them to meet us as a nation.’’ He is right. The report voted against the Cornyn amendment life’s challenges with faith and opti- he delivered to Congress last week was to block such sales and take terrorists mism. May they find delight in doing sobering. off the streets is guilty of voting to sell Your will because Your precepts are Here is what seems clear to me. guns to terrorists. within their hearts. Remind them that It seems clear that this vile, hateful We all agree that the Obama admin- all that is necessary for evil to triumph terrorist organization is going to keep istration must prevent the sale of guns is for good people to do nothing. De- bringing tragedies to our doorsteps to terrorists. Disagreeing on how best liver them from sins of commission and until we defeat ISIL where it actually to do that doesn’t require amateur omission, as You liberate them from trains, operates, and prepares for at- claims that we all know to be false. all lesser loves and loyalties, until they tacks—places like Iraq and Syria. So why don’t we get serious. ISIL is find in You their reason for being. It also seems clear that the Presi- not the JV team. It is not contained. We pray in Your Holy Name. Amen. dent’s current ‘‘containment’’ strategy We need to defeat it overseas if we f has not been sufficient to defeat ISIL want to prevent more terrorist trage- PLEDGE OF ALLEGIANCE abroad or to prevent more ISIL-in- dies here at home. spired attacks right here at home. By working together in the Senate, The President pro tempore led the The President needs to finally lead a we could give this President and the Pledge of Allegiance, as follows: campaign to accomplish this objective. next one more tools to achieve that ob- I pledge allegiance to the Flag of the Senators in both parties should work jective, and we could advance common- United States of America, and to the Repub- to fight terror beyond our borders and lic for which it stands, one nation under God, sense, counterterror solutions to keep indivisible, with liberty and justice for all. prevent attacks within them. This is Americans safer here at home. an area where Republicans have long f This week we will have the oppor- been focused. Now is the time for tunity to strengthen our ability to RECOGNITION OF THE MAJORITY Democrats to join us too. Work with us combat lone-wolf terrorists and con- LEADER to connect the dots on terrorist com- nect the dots so we are better able to The PRESIDING OFFICER (Mr. COT- munications. Work with us to address prevent terrorist attacks here in the TON). The majority leader is recog- the threat of lone-wolf attacks. Work United States. It is an example of seri- nized. with us to prevent more Americans ous, thoughtful policy where we can f from being inspired by ISIL, like the work together to make progress for the terrorist in Orlando. American people. FIGHTING TERRORISM Yesterday Democrats had a chance to Mr. MCCONNELL. Mr. President, yes- support serious constitutional pro- f terday the Justice Department re- posals from Senators CORNYN and leased a transcript of the Orlando ter- GRASSLEY that would have helped to RECOGNITION OF THE MINORITY rorist’s 911 call in which he claimed re- keep guns and explosives out of the LEADER sponsibility for the attack and declared hands of terrorists and improve the na- The PRESIDING OFFICER. The his loyalty to ISIL. tional background check system. While Democratic leader is recognized.

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

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VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JN6.000 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE S4374 CONGRESSIONAL RECORD — SENATE June 21, 2016 ORDER OF BUSINESS port legislation keeping guns away pressured Senate Republicans to vote Mr. REID. Mr. President, last night from suspected terrorists. But the NRA against closing loopholes he said the Republican leader filed cloture on doesn’t support that, and so Senate Re- should be closed. the McCain amendment. The Repub- publicans don’t support it. Senate Republicans voted against the lican leader has committed to a Demo- Here is a little secret for my Repub- Murphy amendment that would have cratic alternative pending to the lican colleagues: The NRA doesn’t care closed loopholes in our Nation’s back- McCain amendment, and we have one. about you. It doesn’t care about your ground check system. We have it ready now, and we will have constituents. It doesn’t care about the Senate Republicans voted against it typed up and ready to go in a couple constitutional rights of its followers. Senator FEINSTEIN’s amendment that of hours. The NRA and its leadership care about would have closed the terror loophole, two things: Making money for gun which simply allows suspected terror- f manufacturers and making money for ists to legally purchase weapons and GUN VIOLENCE the NRA—and selling more guns. explosives. We believe it should be The NRA wants gun manufacturers closed, but it is not. The loophole is Mr. REID. Mr. President, in the to be able to make more guns. There still there because Republicans have aftermath of last week’s mass murder are never enough. The NRA wants to always followed the NRA mandate. in Orlando that took the lives of 49 have more firearms sold. More guns That is how strong the NRA’s hold is people, we saw where the American sold means more money and more do- on Senate Republicans. Republicans people stand on gun control. We know nations for their bottom line. won’t even agree to keep guns away that gun safety is essential to making During times of crisis when Ameri- from terrorists. us a safer, more secure America. As an cans should be coming together to find The Republican Congress has become example of what went on in Orlando these commonsense solutions, what so thoroughly indoctrinated that it is after that terrible morning, people does the NRA do? They raise every dol- now the legislative wing of the NRA. stood for hours in long lines waiting to lar they can by spreading lies and fo- While the Republicans do the bidding donate blood. People attended large menting these conspiracy theories. The of the NRA, innocent Americans are gatherings to express their united mail is out, folks. Look in your mail- being gunned down in schools, church- grief. People left flowers and figurines box. Direct mail is their specialty. es, and nightclubs. at the scene of the murders. In cities They circulate false mailers to their How many more mass shootings will across the country, people stood at followers. we have to endure before Republicans candlelight vigils to honor members of For example, ‘‘Congress is trying to realize that they are being used by the the LGBT community and the Latino take away your guns!’’ or ‘‘President NRA? How many more people have to community who were slaughtered. Obama wants to confiscate your fire- die before Republicans come to grips Here in the Capitol, Senator MURPHY arms!’’ with the fact that the NRA is only con- stood on the floor of the Senate for 15 The NRA uses that money to fund cerned about its bottom line? hours demanding that Congress act to ads against candidates who refuse to The American people are looking to stop gun violence. In Florida, families bow down to the gun lobby. Congress for leadership. They are hop- and friends of victims stood grieving at Taking a page from the Koch broth- ing we will do something substantive graveside services for their murdered ers’ playbook, the NRA uses so-called to protect our communities from gun loved ones. dark money to influence elections violence, but the simple truth is, we Where were Senate Republicans? through mysterious front groups awash cannot protect the American people Where did they stand? Yet again, Sen- in undisclosed campaign cash. and protect the NRA at the same time. ate Republicans stood with the Na- The NRA says they are spending Public safety demands a solution that tional Rifle Association. money to protect gun owners. Well, it prevents dangerous people from pos- Yesterday, the leader of Gun Owners is clear what it is really about. It is sessing weapons, while the NRA exists of America—the shadow organization about protecting the power of the Na- solely as a fundraising vehicle for more of the NRA—said he believed that peo- tional Rifle Association. guns, more bullets, and fewer safe- ple should be armed in bars and tav- Since the Supreme Court’s misguided guards. erns. That is what he said. Citizens United decision, the NRA has It is time for Republicans in Congress Last night, for the third time in as tripled its political spending to support to defend the people who sent them to many years, Senate Republicans stood their radical agenda, but Republicans Washington in the first place, and put with the NRA in blocking common- in Congress have no knowledge of any the personal safety of their constitu- sense gun legislation that would keep of this. Senate Republicans pretend the ents over the needs of the NRA. It is firearms and explosives away from sus- NRA is simply a grassroots organiza- time for the Republicans to tell the pected terrorists and other dangerous tion working for America’s best inter- NRA: Enough murder, enough carnage, individuals. ests. Nothing could be further from the enough guns. Senate Republicans proved again truth. This is false. Mr. President, there is no one on the that regardless of how brutal the mas- The NRA used to advocate for man- floor seeking recognition. I ask the sacre or how reasonable the solution, datory background checks. It used to Chair to announce the business of the ultimately—it doesn’t matter; there is encourage reasonable legislation to day. never a good time—their actions will keep guns away from dangerous indi- f be dictated by the National Rifle Asso- viduals. ciation. One month after the Columbine RESERVATION OF LEADER TIME A CNN poll released yesterday said 90 shooting in Colorado, where those two The PRESIDING OFFICER. Under percent of Americans support expanded young men killed a lot of innocent peo- the previous order, the leadership time background checks and 85 percent of ple, Wayne LaPierre, the executive is reserved. Americans support legislation keeping vice president of the National Rifle As- f guns away from suspected terrorists. sociation—the man who goes on TV all There is one reason that these pro- the time justifying what they do—tes- MORNING BUSINESS posals are not already law—the Na- tified before the House Judiciary Sub- The PRESIDING OFFICER. Under tional Rifle Association—because they committee on Crime. Here is what he the previous order, the Senate will be oppose anything dealing with guns. said: in a period of morning business until How can Senate Republicans side We think it is reasonable to provide man- 12:30 p.m., with Senators permitted to with the NRA against the American datory instant criminal background checks speak therein for up to 10 minutes people? Ninety percent of Americans for every sale at every gun show. No loop- each. support expanded background checks. holes anywhere for anyone. Mr. REID. I suggest the absence of a If you are a criminal or a crazy person, Wayne LaPierre said that. quorum. you shouldn’t be able to get a gun. Now, in 2016, it is a different story. The PRESIDING OFFICER. The Eighty-five percent of Americans sup- Just yesterday this same organization clerk will call the roll.

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.002 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE June 21, 2016 CONGRESSIONAL RECORD — SENATE S4375 The senior assistant legislative clerk violence and killing. I met for an hour field—and they come home troubled proceeded to call the roll. with the superintendent of police, and needing counseling and help. By Mr. DURBIN. Mr. President, I ask Eddie Johnson. He has 28 years on the and large, these folks are over the age unanimous consent that the order for Chicago police force. This is man who of 18, but now we are talking about the quorum call be rescinded. started as a patrolman. He understands teenagers and adolescents having gone The PRESIDING OFFICER. Without the violence on the streets. We talked through the same or similar experience objection, it is so ordered. about so many different things. with violence. What impact does that f They have identified 1,300 who they have on the human mind of an adoles- suspect are most likely to be shooters cent? Are we dealing with some form of GUN VIOLENCE or victims. By and large, these are men post-traumatic stress disorder that Mr. DURBIN. Mr. President, the with a history of gun violence. Over makes them so hardened and callused whole world knows that on June 12, a the Memorial Day weekend, approxi- that they don’t even appreciate the vi- gunman shot and killed 49 people and mately 66 people were shot in the city olence of their own lives and their own wounded 53 more in the worst mass of Chicago, and 80 percent of them acts? I think that is a very real con- shooting in modern American history, came from the list. So we have a finite cern. but what they may not know is, there list of suspects whose names pop up Let me quickly interject that strug- has been at least 10 other mass shoot- more often than not when it comes to gling with mental illness does not ing incidents in America since Orlando. this gun violence. We talked about mean you are going to be a violent By mass shootings, I mean incidents ways to address it, and there are many criminal at all. It is more likely that where at least four people were injured people thinking about how to deal with you are going to be the victim of a or killed by gunfire. it in the right way, in a constitutional crime with your mental illness or men- Two of those mass shootings were in way but with a specific strategy to end tal condition, but we have to take an Chicago, in my home State of Illinois. this gun violence. honest look at this aspect of what we On June 13, five men were shot in the The superintendent told me a story. are dealing with when it comes to vio- East Garfield Park neighborhood, and He said: You know, after you have been lence. on June 18, four people were shot in the a cop in Chicago for a while, you get Friday night, I went to visit a middle of the afternoon in the South pretty tough. There aren’t many things friend—a controversial friend, to some Shore neighborhood. Fortunately, none that make you emotional, but I do re- a radical Catholic priest in Chicago but of the victims in these two Chicago member when there was a shooting in a from where I am standing, the man mass shootings were fatally wounded, home and a grandmother was killed who has given his life to a neighbor- but since the Orlando shooting, there and a toddler next to her was killed. hood who desperately needs it. His have been many other gunshot victims We arrested the 15-year-old. name is Mike Pfleger, and he is a in Chicago who have lost their lives. The superintendent said: I looked in Catholic priest at St. Sabina in Chi- Last Friday, Yvonne Nelson, a city his eyes, and I said: What were you cago. He had a peace march on Friday worker, was shot and killed walking thinking to spray that gun into that night. Father Mike brought out 400 out of a coffee shop on the South Side home and killing that grandmother people—300 African American and 100 in the middle of the afternoon. The and that toddler, and he said that White and Hispanic. We had a rally and shooter was aiming for someone else in young man looked him in the eye and at that rally mothers stood up and read an apparent gang dispute, but Ms. Nel- said: They shouldn’t have been there. the names of those under the age of 20 son was shot in the chest and killed. They should have known better. who have been killed this year in the She was 49 years old, a member of the The superintendent said: I was city of Chicago. They read 150 names New Life Covenant Church, and beloved crushed with that comment. ranging from 20 years of age to zero, by friends and family. She was de- I talked to him about a visit I made babies who were shot and killed. scribed as a beautiful person, hard- to the juvenile facility about 6 weeks There were a lot of tears that night working, loving, kind. She was taken ago in Chicago to meet some of the over the losses, and a reminder that from us last Friday. young people who were waiting to the statistics we read every single day Last Thursday, Denzel Thornton, stand trial. They had been charged in a newspaper are real human lives who worked for the Chicago Public with adult crimes. They are in the ju- causing real human pain and suffering School System, was shot and killed venile facility being held until the date to the families who survive. Then, Fa- outside the entrance of McNair Ele- of the trial. Some of them wait 1 year ther Mike rallied everybody and took mentary School in the South Austin to 2 years. They take on a life in this them out on a march through the neighborhood shortly after noon. He juvenile center. There is a high school, neighborhood there, trying to reclaim was 25 years old, a graduate of DePaul a gym, activities, and there is also one of the toughest, most challenging University, and aspired to be a chef. He counseling. For many of these young areas in the city of Chicago. was a promising young man with a people, this is the first time ever that So what are we going to do about it— bright future ahead of him. He was someone with professional credentials the U.S. Senate right here in Wash- taken from us in the middle of the day sat down with them and tried to figure ington, DC? Last night, it was a dis- as the elementary school children out what was going on in their minds appointment. looked on. and why they would commit these Many of us took to the floor to join This past weekend, 13 people were crimes of violence. Senator MURPHY last week in his fili- shot and killed in Chicago, and at least Afterward, I asked one of the coun- buster. He was the leader, and I give 41 others were injured by gunfire. The selors: What kind of mental condition him the credit for his steely determina- youngest shooting victim was only 3 do you find in these young people who tion to stand here—literally, stand years old. are engaged in this random violence? here for, I believe, 15 hours in a fili- So far this year, over 1,700 men, He said they find everything—a spec- buster—to force the votes we had last women, and children have been wound- trum of mental illness, from bipolar to night. Senator MCCONNELL, the Repub- ed or killed by gunfire in the city of schizophrenia, to acute depression, and lican leader, agreed to have those Chicago. I will keep the victims and on and on and on—but he said there is votes, and after they were finished, all their families and loved ones in my one recurring finding: 92 percent of four amendments were defeated. I am thoughts and prayers, but thoughts and these juveniles have a recurring issue. sure many people across the country prayers are not enough. As lawmakers, I asked: What is it? He said that 92 per- said: What a waste of time that the it is our responsibility to do everything cent of them have either been the vic- Senate would acknowledge the prob- in our power to protect the people we tims of or witnessed violent trauma. lem, yet not find a solution to move represent and to stop the killing in the When we think about PTSD—men forward. Well, I would add quickly that neighborhoods of America. and women who take on the uniform of we haven’t given up and we shouldn’t. Last Friday, I visited the city of Chi- the United States and go off to war and Senator SUSAN COLLINS of Maine is cago and went to several different who either hurt themselves or witness working on an amendment right now spots to get a perspective on this gun violence that occurs on the battle- relative to the question of whether a

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.003 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE S4376 CONGRESSIONAL RECORD — SENATE June 21, 2016 suspected terrorist should be able to stop the daily toll of gun violence and rorists shouldn’t even be debated; it is buy firearms in America. I think that the involvement of guns with suspected so obvious. We should prevent sus- is a pretty clear question and answer. terrorists? Not even close. So many pected terrorists from buying guns and Most Americans, 90 percent, say for shootings are preventable. They never make sure an FBI criminal background goodness’ sake, stop suspected terror- would have happened if our laws did a check is conducted every time a gun is ists from getting their hands on weap- better job keeping guns out of the sold. ons. Yet the Senate defeated Senator hands of dangerous people. But too There is no excuse for what is going FEINSTEIN’s effort last night to do just many Members of Congress are too on now in Northern Indiana. Gun shows that. I voted for it, but it didn’t get the afraid to stand up to the gun lobby. take place there regularly. Guns are 60 votes needed. They are afraid to vote for common- sold in volume out of those gun shows Senator COLLINS has picked up the sense reforms, supported by 90 percent with no background checks on the buy- banner, and she is trying to put to- of the American people, for fear that ers. So the gangbangers of Chicago and gether a bipartisan measure. We the NRA will come after them in the the others head over to Northern Indi- haven’t seen it in its entirety, but I en- next election. ana—it is just across the border—fill courage her, and I have tried by work- Remember, the gun lobby fights laws up their trunks with guns and bring ing with her to plug in some of the that make it harder for them to sell them into the city of Chicago. gaps and answer some of the questions guns. First and foremost, they are not The police department in the city of about her approach. I hope she is suc- constitutional scholars. They are sell- Chicago has confiscated one crime gun cessful, and I hope a bipartisan meas- ers of firearms, and they want to sell per hour for every day this year, and ure emerges from the Senate and puts increasingly large volumes of their we still have a huge backlog of guns pressure on the House of Representa- product so they make more profits. that are floating through the commu- tives. There is absolutely no excuse for The National Rifle Association and gun nity in the hands of those who have no us not doing everything in our power to lobby groups are constantly working to business owning or using a gun. The keep semi-automatic weapons out of weaken laws on the books and prevent Chicago Police Department is trying to the hands of suspected terrorists, con- keep up with this wave of firearms any new laws that might prevent gun victed felons, and those who suffer flooding our city. They have con- sales. As a result, we have a ludicrous from serious mental instability. fiscated more guns than the cities of set of loopholes in our laws that allows How deadly are these weapons? There New York and Los Angeles combined, criminals, the mentally ill, and even is something called Snapchat, which I and they still can’t keep up with it. am not an expert on by any means, but suspected terrorists to buy guns. We There is no excuse for the gun show it is a video that lasts about 10 sec- can’t let this continue. As lawmakers, loophole. We should have serious, onds. One of the victims at Pulse we have a responsibility to protect meaningful background checks of ev- nightclub in Orlando turned on her Americans from gun violence. After eryone purchasing firearms. The con- Snapchat video as the firing started, last night’s votes, it is clear we haven’t scientious, self-respecting gun owners and in the span of 9 seconds, you can done our job. of America agree with this. They went count 17 rounds that were fired into the Last week, the American Medical As- through a background check to buy crowd, one of which killed the woman sociation declared in an official state- their guns. They think people should who was taking the video. That is the ment that gun violence in America is do that as well to avoid selling guns to kind of weapon this crazed man was ‘‘a public health crisis requiring a com- the wrong people. able to buy and take into a nightclub prehensive public health response and We must never forget our obligation and kill 49 innocent people and injure solution.’’ This was the first such dec- to do everything we can to keep Amer- more than 50. laration that has been made by our Na- ica safe. Our first obligation is to pro- Why would we make that easy for tion’s largest medical association, and vide for the common defense, promote someone who is a suspected terrorist? I commend the AMA for their leader- the general welfare, and insure domes- Does that really reflect what we feel in ship. tic tranquility in the United States. If America? I don’t think so. Ninety per- The numbers behind their decision that is our obligation, there is much cent of Americans think we should do are staggering. Every year, almost more that needs to be done—keeping just the opposite and stop these sus- 32,000 Americans are killed with guns. America safe from gun violence. pected terrorists from having easy ac- On an average day in America, 297 Thousands of Americans are shot and cess. Americans are shot, and 91 of those killed each year in shootings that There was an amendment offered yes- shootings are fatal. Communities could have been prevented. There are terday by Senator CORNYN of Texas, across the Nation are affected by this steps we can take that are consistent supported by the National Rifle Asso- violence. In cities like Chicago, the with our Constitution. With our tradi- ciation. It did not pass. I voted against daily toll of these shootings is dev- tion of supporting hunting, sports it. It was not a valid approach to deal- astating. shooting, guns for self-defense, we can ing with this issue because Senator Last week, when I joined Senator still take meaningful steps to avoid CORNYN required, if a suspected ter- MURPHY and almost 40 other Demo- tragic death, and we shouldn’t be rorist was going to buy a firearm, that cratic colleagues, we spoke out or tried afraid to do that. the burden was on the U.S. Govern- to speak out to get the Senate to de- I am not going to quit on this issue, ment to go to court if they challenged bate this issue—not just a quick and many of my colleagues will not ei- their being on the terrorist list. The driveby vote of four amendments, take ther. I ask the American people, don’t burden was on the government, within it or leave it, but a meaningful debate quit and don’t get discouraged. Keep 72 hours, to come up with a lawsuit, a with real alternatives brought to the speaking out for commonsense reforms criminal action, to stop the person floor. The filibuster lasted 15 hours and as the American Medical Association from buying a firearm. If the same per- caught the attention of the Nation. did last week. When people ask me son wanted to get on an airplane in the Having been in this business for a what they can do, I say: In our demo- State of Texas and was on a no-fly list, while, I can tell whether our activities cratic form of government, it is very they wouldn’t get on the airplane. It here are even noticed. They were. That basic. It is called an election. If this wouldn’t be a question of the govern- filibuster was noticed. People came up issue of gun safety means something to ment going to court to prove it. For to me and said: Thank goodness you you, ask that Member of Congress or the safety of the other passengers, we are finally going to say something, do the congressional candidate, that Sen- would keep the suspected terrorist off something, and vote on this issue of ator or the Senatorial candidate, where the airplane. Why not when it comes to ending gun violence. they stand. If it is important enough, semi-automatic weapons? Shouldn’t Well, words are not enough, and the make your vote follow the answer. Join the burden at least be in favor of secu- votes last night are not enough. We us and stand together. We can beat rity and safety for the people of the need to start with commonsense re- back the gun lobby and start saving United States? form supported by the overwhelming lives and protecting the innocent That is still an issue for us to re- majority of Americans. Keeping fire- across America. We can do this, and we solve. Is Congress doing all it can to arms out of the hands of suspected ter- must.

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.005 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE June 21, 2016 CONGRESSIONAL RECORD — SENATE S4377 Mr. President, I yield the floor. We actually believe we ought to put aren’t predicting is war and pes- I suggest the absence of a quorum. something on the floor that will pass, tilence—but they are. Indeed, one lead- The PRESIDING OFFICER. The not just protect one party or the other ing Eurocrat said a British exit could clerk will call the roll. in terms of an election coming up. We mean ‘‘the end of Western civiliza- The senior assistant legislative clerk want to actually have an impact on the tion.’’ proceeded to call the roll. situation. If the Davoisie elite were doing even Mr. FLAKE. Mr. President, I ask With that, I urge support for the bi- a passable job of governing their own unanimous consent that the order for partisan compromise we are going to countries, perhaps their unsolicited ad- the quorum call be rescinded. offer this afternoon. vice might be heeded. But let’s face it. The PRESIDING OFFICER. Without Mr. President, I yield back the re- Europe is beset by its own problems, objection, it is so ordered. mainder of my time. not the least caused by the democracy f I suggest the absence of a quorum. deficit in the European Union. With no COMPROMISE GUN LEGISLATION The PRESIDING OFFICER. The coordination or democratic account- ability, the Eurocrats last summer al- Mr. FLAKE. Mr. President, I come to clerk will call the roll. The senior assistant legislative clerk lowed migrants to overrun their con- the floor today to announce my sup- tinent. Most of these migrants lack the port and my hope that all of us will proceeded to call the roll. Mr. COTTON. Mr. President, I ask job skills and education to contribute support the bipartisan compromise meaningfully to European economies. that will be proffered this afternoon by unanimous consent that the order for the quorum call be rescinded. Some migrants went on rampaging Senator COLLINS, myself, Senator The PRESIDING OFFICER (Mr. crime sprees, and terrorists infiltrated HEITKAMP, and others on the Demo- the migrant flows to enter France and cratic side to actually put something FLAKE). Without objection, it is so or- dered. commit the Paris attacks. Meanwhile, on the floor that is not designed to fail the migrant flow continues across the f but is designed to pass. Mediterranean, with hundreds dying en Many of us have been concerned that UNITED KINGDOM AND THE route. What is the Eurocrats’ policy? we use lists that actually mean some- EUROPEAN UNION ‘‘If you survive the trip, you can stay.’’ thing. We believe that somebody who is Mr. COTTON. Mr. President, on Sep- How is that moral? How is that wise? not allowed to fly, somebody who is on The economies of Europe aren’t much the no-fly list, should not be allowed to tember 2, 1939, the House of Commons convened to debate whether to declare better. Many countries are trapped be- purchase a weapon but that those peo- neath unpayable mountains of debt, ple who find themselves in that posi- war on Germany for having invaded Poland. Prime Minister Neville saddled with austerity plans merely to tion should be afforded due process pro- make the next repayment and avoid de- tections as well, as is necessary under Chamberland seemed ambivalent and didn’t immediately call for a declara- fault. Unemployment is high, and for the Constitution. young people it is rampant and chron- The problem with the broader watch tion. Clement Atlee, the Labor Party leader was absent that day. When his ic. Growth is negligible. In fact, the list that there was an amendment on only continent with lower growth than last night is it is a broad watch list deputy rose and declared that he would ‘‘speak for Labor,’’ Conservative MP Europe is Antarctica. with more than a million people. There I am amazed, maybe even a little Leo Amery famously yelled from are bits and pieces of information from amused, that despite these and other across the floor: ‘‘Speak for England!’’ many of our intelligence agencies. It manifest failures, the Eurocrats pre- I am here today to speak for Eng- isn’t really designed for this purpose. sume to lecture the British people. Per- land, for Great Britain, indeed for all of So what we have done with this com- haps they hope ‘‘Project Fear’’ will suf- the United Kingdom. This Thursday, promise piece of legislation is taken ficiently intimidate the Brits into vot- June 23, the British people will answer the no-fly list, as well as what is called ing for ‘‘Remain.’’ After all, if the EU a momentous question: Should the the selectee list, which is a slightly loses Great Britain, Europe will lose United Kingdom remain a member of broader list of those who are allowed to 350 million pounds a week, and it will fly but are retained for additional the European Union or leave the Euro- lose a dumping ground for a quarter screening. These are defined lists, pean Union? million migrants a year. The stakes much smaller, and affect a much small- I have not stated nor will I state are pretty high for Brussels. er group of Americans. today a position on this question. The But that doesn’t justify their fla- If you find yourself on these lists, British people alone should decide grant interference with Britain’s do- then the Attorney General would have their policy toward the Continent. mestic politics. Since the Davoisie the ability to block that gun purchase, What I will defend is their sovereign elite are threatening to punish the but you would be given robust due right as a people to decide this ques- Brits if they leave the EU, let me say process protections as well, where you tion free of external influences, foreign in response that the American people could challenge it. The presumption of threats, and hysterical fear-mongering. will stand with our British cousins no innocence would be there, and it would The ‘‘great and the good,’’ the matter what they decide. If the Con- be the government’s job to actually Davoisie elite, are united in horror at tinent dares to retaliate against Brit- prove that you belong on that list and the prospect of a British exit from the ain, I will do everything in my power should be denied the purchase of a EU. According to these Eurocrats, if to defend and strengthen the Anglo- weapon. If the government could not the British people choose to leave the American alliance that built so much prove their case, the government would EU, then the people must be punished. of the modern world and on which it actually pay the attorney’s fees as Some have called for immediate tax in- still depends. well. So there are strong, robust due creases and budget cuts should the The Eurocrats may want to pressure process protections here as well. ‘‘Leave’’ campaign win. Business lead- Britain, but perhaps they might recall But this is simply based on the prin- ers threaten to move jobs out of Brit- that Britain is not the only land where ciple that if you are denied the right to ain and to the Continent. Many econo- pressure can be brought to bear. On my fly, it stands to reason that, without mists speculate that recession is the last trip to Europe, I heard from many additional checks, you should not be best possible outcome, with depression political and business leaders who were able to purchase a weapon. the more likely outcome. eager—desperate, even—to consum- That is what this compromise piece Most disappointing of all, foreign mate the Transatlantic Trade and In- of legislation is all about. A lot will be governments have made egregious vestment Partnership. The Paris and said outside of this body—that it is in- threats of retaliation in trade, finan- Brussels attacks vividly reminded us tended for other purposes—but I would cial matters, and other economic mat- that the small continental countries encourage everyone to look at the leg- ters, both to punish the British people depend heavily on American intel- islation we are offering this afternoon. for exercising their sovereign right of ligence to support their counterterror- It has bipartisan support—unlike most self-government and to intimidate the ism efforts. Of course, need anyone be of what has been put forward so far— other peoples of Europe from doing the reminded which NATO country under- and it has growing support as well. same. I would say the only thing they writes the independence and security of

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.006 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE S4378 CONGRESSIONAL RECORD — SENATE June 21, 2016 Europe, particularly in the face of a re- I also call on the Davoisie elite, on er for Code.org, a nonprofit dedicated visionist Russia? the ‘‘great and the good,’’ to spend a to expanding access to computer It would be regrettable if a conti- little less time fulminating about Brit- science and increasing participation by nental temper tantrum imperiled these ish democracy in action and a little women and underrepresented groups. important relationships with the more time looking in the mirror at Through his work with this organiza- United States. One would hope that their own failures. Populist tion, Joel has trained over 1,000 teach- cooler heads will prevail in the capitals insurgencies are raging on both sides of ers in code curriculum. He was also of continental Europe should the Brit- the Atlantic, on both the left and the part of the committee that developed ish people elect to leave the EU. One right. Rather than obsess about Great and adopted the K–8 computer science would hope that Brussels, Berlin, Britain, rather than keep the populists standards in Arkansas. Paris, and other capitals will realize at bay one desperate election at a time, Joel’s dedication in computer coding that Britain, in or out of the EU, is a these leaders should consider why education hasn’t gone unnoticed. He NATO ally, a trading partner, and a these insurgencies are gaining in every received the Arkansas Association of friend in freedom. One would hope that election—stagnant wages for the work- Instructional Media Technology Teach- a British exit, if that is Britain’s ing class, uncontrolled migration with- er of the Year Award for the State of choice, would be followed by the spirit out regard to economic need or cul- Arkansas and is also a nominee for the of magnanimity, generosity, and con- tural assimilation, Islamic terrorists Presidential Award for Excellence in tinued friendship. But hopes aside, one massacring our citizens, and a loss of Mathematics and Science Teaching. should know this: The American people national honor around the world. And during National Teacher Apprecia- will stand with Britain, in or out of the This record is not pretty. In politics, tion Week earlier this year, he was one EU, and will stand against punitive re- as in medicine, it is usually better to of the computer science teachers recog- taliation against the British people. address the cause than the symptom. If nized by President Obama at the White Of course, I must admit that, unfor- our leaders addressed these challenges House. tunately—though not surprisingly—our more creatively, more forthrightly, While he was in town for that cere- own government is also sticking its more effectively, perhaps neither the mony, Joel made some time to visit my nose where it doesn’t belong. President British people nor so many other peo- office and share his passion for com- Obama traveled to London last month ple would be disappointed in their lead- puter coding education. I am proud to say that a newly free Britain would ers to begin with. Let the British peo- that Arkansas has teachers like Joel, go to ‘‘the back of the queue’’ in trade ple manage their own affairs, whether who are making students’ futures negotiations with the United States. right or wrong in your eyes. In the brighter each day. U.S. Trade Representative Michael words of Scripture, whatever you may It is my honor to recognize Joel Froman has cautioned: ‘‘We’re not par- think of their mote, take care of your Spencer as this week’s Arkansan of the ticularly in the market for [free trade own beam first. Week, and I am confident that the fu- agreements] with individual coun- Mr. President, I yield the floor. ture of our State and Nation is bright- tries.’’ This strange combination of ar- I suggest the absence of a quorum. er because of his work to inspire stu- rogance and ignorance is all too typical The PRESIDING OFFICER. The dents to rise to the challenges of the of the Obama administration. The clerk will call the roll. 21st century. United States has a bilateral trade The legislative clerk proceeded to Mr. President, I yield the floor. agreement with Oman, after all. But call the roll. I suggest the absence of a quorum. negotiate a new bilateral trade agree- Mr. COTTON. Mr. President, I ask The PRESIDING OFFICER. The ment to support the special relation- unanimous consent that the order for clerk will call the roll. ship with Great Britain, our ancestral the quorum call be rescinded. The legislative clerk proceeded to ally? No, sir, we will have none of that The PRESIDING OFFICER. Without call the roll. nonsense. objection, it is so ordered. Mr. THUNE. Mr. President, I ask So, for the record, let it be noted f unanimous consent that the order for that the American people will stand up the quorum call be rescinded. TRIBUTE TO JOEL SPENCER to the ‘‘great and the good’’ not only The PRESIDING OFFICER. Without on the Continent, but also here in Mr. COTTON. Mr. President, I wish objection, it is so ordered. Washington if this or any future ad- to recognize Joel Spencer of Little f ministration tries to punish Britain Rock, AR, as this week’s Arkansan of should it leave the EU. Just as I will do the Week for his dedication to edu- ISIS everything in my power to preserve our cating the next generation of computer Mr. THUNE. Mr. President, 2 weeks special relationship against conti- coders, teaching students computer ago I came to the Senate floor to dis- nental meddling, so will I do the same coding skills, and training other teach- cuss the numerous foreign policy fail- with any administration that doesn’t ers as well. ures of the Obama administration. fully appreciate that relationship. I Studies show that students who learn While there has been no shortage of ex- suspect many other Senators feel the coding and computer science at a amples over the past 7 years, I wish to same. young age are more successful later on, revisit one particular subject from the Put simply, there will be a new bilat- and Joel Spencer wants to make sure litany of this administration’s errors— eral trade agreement, NATO will sur- each child who comes through his the very serious national security vive, our Five Eyes intelligence part- classroom has the opportunity for that threat that President Obama once nership will continue, and the special success. Joel is an elementary science called a JV team. relationship will remain a bedrock for specialist and teacher in the Little Last November, President Obama the prosperity and security of both our Rock School District and each week participated in an interview with the nations. The British people can cast teaches over 500 students. But his dedi- host of ‘‘Good Morning America,’’ their votes certain of those things. cation to learning doesn’t end there. George Stephanopoulos, who asked him The British people deserve nothing Joel also conducts an afterschool com- the following question: ‘‘But ISIS is less. Were it not for them, Europe—in- puter Science First club, a Lego gaining strength, aren’t they?’’ deed, the world over—might still be a MINDSTORMS robotics club, and var- The President’s reply: mere plaything of kings and tyrants. ious other day camps around the State Well, no. I don’t think they’re gaining Of all the peoples of the world, surely to introduce Arkansas students to pro- strength. What is true is that from the start, the Brits have earned the sovereign gramming. To say he is passionate our goal has been first to contain, and we right to govern their own affairs, free about computer science education is an have contained them. of external influence or threats of re- understatement. Just 1 day later—1 day later—ISIS taliation. Like most Americans, I Children aren’t the only ones Joel gunmen and suicide bombers attacked stand in admiration of Great Britain, teaches. He is also dedicated to helping Paris and killed 130 people. Less than a and I stand with the British people, in his fellow teachers become better edu- month after that, 2 ISIS-inspired ter- or out of the EU. cators. Joel serves as an affiliate train- rorists killed 14 people in the first

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.009 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE June 21, 2016 CONGRESSIONAL RECORD — SENATE S4379 homegrown ISIS attack on American It is difficult to understand why the today, but the unfortunate truth is, his soil. Now there is Orlando, the worst President so resolutely avoids this foreign policy failures have contrib- terrorist attack on America’s home- term. The fact is, ISIS and its adher- uted to a lot of it. His politically moti- land security since 9/11—so much for ents are driven by their radical inter- vated decision to withdraw our troops ‘‘we have contained them.’’ pretation of Islam. How can we hope to from Iraq and announce the timetable Unfortunately, despite these attacks, confront this terrorist ideology if we to our enemies created the vacuum President Obama continues to paint an can’t actually call it by its name? that ISIS quickly moved in to fill. His unrealistically rosy picture of our suc- On the same note, what was the ad- decision not to act when Syrian Presi- cess against ISIS. Emerging from a ministration hoping to accomplish dent Bashar al-Assad crossed the red- meeting last week, the President de- when it redacted references to ISIS in line the President himself had drawn clared that ‘‘we are making significant its initial release of the 911 transcripts sent a message to tyrants and dictators progress’’ in the fight against ISIS. He from the Orlando attack? Was it hop- the world over that America could be went on to say, ‘‘ISIL’s ranks are ing to somehow distract from the fact ignored at will. The President’s nuclear shrinking. . . . Their morale is sink- that this was a terrorist attack? Do deal with Iran has left that country ing.’’ they want to play down the fact that better equipped to acquire advanced Two days later, however, the Presi- ISIS is now inspiring attacks in the nuclear weapons down the road. dent’s CIA Director painted a very dif- United States? President Obama is nearing the end Unfortunately, our Commander in ferent picture. Testifying before Con- of his term, but there is still time for Chief’s disturbing reluctance to iden- gress, CIA Director John Brennan stat- him to commit to working with Repub- tify our enemy by its name is emblem- ed: ‘‘Unfortunately, despite all our licans to take the steps that are nec- progress against ISIL on the battlefield atic of the fundamental lack of serious- ness that has characterized the Presi- essary to not just contain but to actu- and in the financial realm, our efforts ally defeat ISIS. There is still time for have not reduced the group’s terrorism dent’s foreign policy. The attack in Or- lando was a terrorist attack, yet the him to focus on controlling our borders capability and global reach.’’ so terrorists don’t slip across without Let me repeat that: ‘‘Our efforts have President’s response was a formulaic our knowledge. There is still time for not reduced the group’s terrorism capa- call for gun control. All the gun con- him to take measures to strengthen bility and global reach.’’ That is some- trol laws in the world are not going to our counterterrorism capabilities, and thing the President neglected to men- stop a terrorist bent on wreaking there is still time for him to focus on tion 2 days earlier. havoc in our country. France’s strict That is not the only thing he forgot gun control laws didn’t prevent terror- supporting Federal and local law en- to bring up. The President discussed ists from slaughtering 130 people last forcement in their efforts to stop ter- the anti-ISIS coalition’s efforts to tar- November. rorism. get ISIS’s funding. But he neglected to To stop ISIS-inspired attacks, we I hope in the coming days, the Presi- mention that those efforts still left need to stop ISIS. And to do that, we dent will see his way to offering some ISIS with a robust revenue stream. need a serious, comprehensive plan serious solutions to the danger ISIS The CIA Director noted that ‘‘ISIL from the President. What I wish we had poses to our Nation. It is high time . . . continues to generate at least tens heard last week from the President are that happen. of millions of dollars in revenue per concrete proposals to counter the I yield the floor. month, primarily from taxation and threat of homegrown terrorism. He I suggest the absence of a quorum. from crude oil sales.’’ could have talked about ways to make The PRESIDING OFFICER (Mrs. The President hailed accomplish- sure our intelligence agencies have the FISCHER). The clerk will call the roll. ments on the ground in Iraq and Syria, resources they need to track and The legislative clerk proceeded to but he didn’t mention that those suc- counter ISIS efforts to communicate call the roll. cesses are doing essentially nothing to with its recruits in the West. He could Mr. GRASSLEY. Madam President, I reduce ISIS’s ability to attack abroad. have discussed ways to address the ask unanimous consent that the order This is again a quote from Director threat of lone wolf terrorists. He could for the quorum call be rescinded. Brennan: have talked about ways we can im- The PRESIDING OFFICER. Without The group’s foreign branches and global prove our ability to monitor terrorists’ objection, it is so ordered. networks can help preserve its capacity for communications to disrupt their plans. f terrorism regardless of events in Iraq and He could have called on Senate Demo- Syria. In fact, as the pressure mounts on FOREIGN SOVEREIGN IMMUNITIES crats to support Senator CORNYN’s ACT ISIL, we judge that it will intensify its glob- amendment to give the Attorney Gen- al terror campaign to maintain its domi- Mr. GRASSLEY. Madam President, I nance of the global terrorism agenda. eral the authority to act on probable cause against would-be terrorists while rise to speak about the changing na- That, again, is from Director Bren- ture of globalization. Everyone is nan. protecting due process to protect Sec- ond Amendment rights, but he didn’t. aware globalization has changed how The President noted that ISIS is los- economies work. Some people have em- ing ground in Libya, but he forgot to Instead, he issued a brief call for gun control and spent a large chunk of his braced globalization while others are mention ISIS’s Libyan branch is per- fighting to slow its effects. In America, haps its most dangerous and poses a speech defending his refusal to use the term ‘‘radical Islam.’’ most people are familiar with the mod- real threat to Africa and to Europe. Di- ern, multinational corporation. These rector Brennan testified again: When President Obama was elected, we were told he would restore Amer- corporations are privately owned by ISIL is gradually cultivating its global ica’s standing in the world. In fact, he shareholders and operate in countries network of branches into a more inter- around the world. However, there is a connected organization. The branch in Libya received a Nobel Peace prize in the is probably the most developed and the most first year of his first term based solely new trend that is becoming increas- dangerous. We assess that it is trying to in- on people’s belief that he would pro- ingly evident in commerce today. We crease its influence in Africa and to plot at- mote peace and bring stability to world are now seeing entities that are owned tacks in the region and in Europe. affairs. I thought of that when I saw by governments competing with pri- If there is one thing that Director this statement from CIA Director vate companies in the automotive, Brennan’s testimony made clear, it is Brennan toward the end of his testi- food, and airline industries that rep- that we are not doing enough to con- mony last week. The Director said: ‘‘I resent more traditional commerce. front the threat posed by ISIS. Unfor- have never seen a time when our coun- Over the last several decades, govern- tunately, that is not something Presi- try faced such a wide variety of threats ments, through entities called state- dent Obama seems to understand. As to our national security.’’ Again, that owned enterprises, have become highly his remarks last week made clear, the statement was stated by CIA Director involved in international commerce. President is more interested in ex- Brennan during his testimony just last We have seen state-owned companies plaining why he doesn’t like the term week. and enterprises buy the assets of pri- ‘‘radical Islam’’ than he is in offering a President Obama is certainly not re- vate companies, such as Smithfield concrete plan to actually defeat ISIS. sponsible for all the unrest in the world Foods, and start up completely new

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.011 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE S4380 CONGRESSIONAL RECORD — SENATE June 21, 2016 companies, such as the new airlines in proposed Sengenta acquisition with the the doctrine is invoked to protect a the Middle East. There is nothing in- help of the Department of Agriculture. sovereign’s private acts. herently wrong with state-owned en- CFIUS is responsible for reviewing the This development resulted from the terprises paying a premium on market national security implications of trans- need to ensure stability and predict- value to purchase a company. However, actions that result in foreign control of ability in international commerce the actions of the company and its U.S. businesses and critical infrastruc- after state monopolization in indus- legal obligations after the transaction ture. There is a shared sentiment tries like transportation and commu- is complete are what I intend to focus among lawmakers, military officials, nication. on today. and everyday Americans that pro- It is based on the notion that when a In a 2014 report, the United Nations tecting the safety and resiliency of our sovereign nation enters the competi- estimated there are over 550 state- food system is core to American na- tive marketplace, it no longer acts as a owned transnational companies with tional security. The food security of sovereign at all, and it must follow the cumulative assets of over $2 trillion. our country is not something we can very same rules as every other market Many would argue the estimate of $2 take for granted, and as I have said be- participant. trillion in assets under management is fore, at any given time we are only So in 1976 we codified those principles a conservative number. There are nine meals away from revolution. in statutory law by enacting the For- many differences between state-owned As I mentioned, I also have concerns eign Sovereign Immunities Act, re- companies and companies that are pub- about the legal obligations and ac- ferred to as FSIA. Under the FSIA, for- licly traded. countability of foreign, state-owned eign sovereign immunity extends not First, state-owned companies are not companies, particularly as they relate only to foreign sovereigns but also to subject to the same transparency re- to those companies’ interactions with political subdivisions and even cor- quirements as publicly traded compa- American companies and consumers. porate entities owned by foreign nies. Publicly traded companies must Now, I have heard several recent re- sovereigns. adhere to GAAP accounting standards ports noting cases where companies But, importantly, the FSIA also codi- and file quarterly and annual reports, owned by foreign governments have fies exceptions to the foreign sovereign such as 10–Qs and 10–Ks, with the Secu- claimed that they are immune to law- immunity principle, including—very rities and Exchange Commission. suits by American companies or Amer- importantly—the commercial activity Second, state-owned enterprises have ican consumers in our very own courts. exception. the implicit backing of the various They have made this claim even As I said, I have seen reports noting governments, giving them access to when a foreign, state-owned company cases where companies owned by for- credit oftentimes at cheaper rates than or one of its corporate affiliates has eign governments have claimed that individual private companies could been engaged in normal commerce with they are immune to suits by American hope to find. The most valuable compa- American consumers or other Amer- companies or American consumers in nies in America, based on market cap- ican companies. our very own courts when they are sus- italization, are worth between $500 and In making this argument, these for- pected of doing something wrong. $600 billion on any given day. While eign, state-owned companies would try Sometimes, their arguments have suc- Fortune 100 companies are large, their both to take advantage of our market ceeded, which raises concerns that the resources then pale in comparison to and to avoid the rules and potential li- exception may not be working as de- government wealth. ability that every other market actor signed. Finally, state-owned enterprises re- must face. Of course, that doesn’t seem Let me give one example. America port their strategies, profits, and losses right to me, and it is not the way our bought much of the drywall used to re- to governments. They are not account- laws are set up to work. build New Orleans after Hurricane able to shareholders in the way pub- It is an age-old rule of international Katrina from Chinese manufacturers. licly traded companies are. Therefore, law that one sovereign nation should Thousands of homes built with that it is prudent we take time to consider not subject another country acting in drywall turned out to be uninhabitable how foreign, state-owned enterprises its sovereign capacity to the authority because residents said the drywall are participating in this American of domestic courts. made them sick. economy. Our courts recognized this principle So these Americans tried to sue the In agriculture, state-owned enter- long before Congress wrote it into stat- Chinese manufacturers, including a prises have started to buy publicly ute. manufacturer’s parent company, China traded American companies. Smith- The theory developed at a time when National Building Materials Group, or field Foods was sold to China’s personal sovereigns ruled foreign pow- CNBM. Shuanghui in 2013 for $4.7 billion in ers rather than democracies. The sov- The problem for the consumers is cash. ChemChina is currently trying to ereign was the same as the State. Chief that the Chinese Government is heav- buy the Swiss-based seed and chemical Justice John Marshall acknowledged it ily invested in these manufacturers, company Syngenta for $43 billion. in an 1812 Supreme Court opinion when among many other commercial enter- About one-third of Syngenta’s $12 bil- he explained that our courts had no ju- prises. lion in revenue comes from North risdiction to hear America’s claim Under the general principle of foreign America, which is what makes this against France to recover a ship seized sovereign immunity, a foreign govern- transaction very concerning for me. by order of Napoleon. ment selling Americans a product is While some could argue these invest- But there have long been important not acting as a sovereign but as a mar- ments are similar to foreign direct in- exceptions to the doctrine of foreign ket competitor. One would assume that vestment, what these foreign, state- sovereign immunity. One of those is the ‘‘commercial activity’’ exception owned enterprises are really buying are the so-called ‘‘commercial activity’’ to foreign sovereign immunity applies, our resources and expertise in food pro- exception. Just 12 years after his opin- but the state-owned manufacturer ar- duction, including the intellectual ion about Napoleon’s ship, Chief Jus- gued otherwise. property that fuels development and tice Marshall explained that ‘‘[w]hen a Here is how it works under statute. growth of the agricultural sector. Even government becomes a partner in any Foreign companies are sued in our if these transactions function seam- trading company, it divests itself . . . courts all the time. Commonly, these lessly for the first 10 or 15 years, there of its sovereign character, and takes lawsuits, like the drywall case, involve are strategic questions we need to con- that of a private citizen.’’ claims of American consumers or com- sider before approving the sale of any For that reason, over the last several panies that the foreign company en- more of our agricultural assets to an- decades, both the State Department gaged in some behavior that harmed other government. For that reason, and the Supreme Court have recognized them. Senator STABENOW and I asked the that the original purposes of foreign When a foreign company is sued in Committee on Foreign Investment in sovereign immunity—respect for the one of our courts, it has a chance to the United States, commonly referred person and governmental acts of a for- show at the beginning of the case that to as CFIUS, to thoroughly review the eign sovereign—are not served when a foreign government owns a majority

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.013 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE June 21, 2016 CONGRESSIONAL RECORD — SENATE S4381 of its shares. If the foreign company As a result of this early dismissal of our firearms purchases to occur makes that showing, it then enjoys a mechanism, the plaintiffs’ case in New without a proper background check presumption of immunity under the Orleans could only proceed against one and to close something we are calling FSIA, meaning that the plaintiffs’ law- subsidiary, and that happens to be the terror gap, which would allow the suit will be dismissed. CNBM. The case against CNBM itself FBI the authority to deny gun pur- But before that happens, the plain- was dismissed. chases to people who are on a watch tiffs have one more chance to save Now, it may be that these plaintiffs list, suspected of connections with ter- their case from early dismissal. This is still wouldn’t have been able to estab- rorism. Those measures gained a vote where the ‘‘commercial activity’’ ex- lish liability on the part of CNBM in in the Senate last night, but both ception comes into play. The plaintiffs the end, but they didn’t even have that failed to advance. can defeat the presumption of immu- opportunity. I don’t think we can simply say that nity by showing that the foreign state- This is something that I want to con- we tried and continue to accept shoot- owned company was acting as a market sider carefully. If a foreign, state- ings like the one in Orlando as the new participant—that is, engaging in com- owned company is able to shield parts normal and then move on to other mercial activity that takes place in or of its organization behind the FSIA to business—especially, I might add, with affects the United States—when it avoid having to answer a lawsuit en- our procedural posture right now, as caused the harm the plaintiffs com- tirely in a way that the FSIA doesn’t the Senate has before it at this period plained about. contemplate, when a privately owned in time the Commerce-Justice-Science This principle—the ‘‘commercial ac- foreign company wouldn’t enjoy the appropriations bill, a measure in which tivity’’ exception—saves a case from same luxury, then a fix may be in we can prioritize our response to this early dismissal and gives plaintiffs a order. tragedy and the preceding tragedies chance to move forward and try to The point of the commercial activity through amendments perfecting the prove their claims against a foreign, exception to foreign sovereign immu- measure before us. Americans are de- state-owned corporation behaving like nity is to treat foreign governments manding more. We can’t just carry on a market actor. like any other market actor when they as usual in the wake of these enormous But as it turns out, that can be a enter into commerce. Nothing about domestic tragedies. Wisconsinites are complicated showing for plaintiffs to the principles of foreign sovereign im- demanding more. Just in this last make at such an early stage in the munity or the FSIA is designed to af- week, I received heartbreaking commu- case. Here is why. Companies owned by ford extra early defenses to foreign nications from my constituents asking foreign states are often governed companies’ commercial actions just be- us to act. I will briefly share two of through very complicated corporate cause the companies happened to be them. structure. Take, for example, the large Chinese owned by foreign states. A young mother wrote to me: But, currently, foreign, state-owned insurance company backed by the Chi- I am a young mother of two young children nese state bank in its recent attempt companies will argue that many of and every day that they go to school I say a silent prayer that they come home safely to to purchase an American hotel chain. their affiliates don’t have to answer the claims of American companies and me, that no one decides to walk into their In describing the attempted takeover, school or onto their bus with a gun and an the Wall Street Journal described the American consumers, even when it is clear that at some level the company intent to kill. Chinese company’s ownership structure Another young person wrote to me: as ‘‘opaque.’’ engaged in market activity that may have harmed Americans. Sometimes, As a young LGBTQ person, I am devastated Yet in implementing the FSIA, by this attack on my community. I am courts require plaintiffs to meet the like in the New Orleans case, the com- panies are succeeding. scared that this attack happened in what commercial activity exception at every was supposed to be a safe place, a free space level of corporate organization or they So I think that may be a problem. in a world that is often hostile for LGBTQ must show that various levels of orga- That is why I took the time to speak people. I am scared for my safety and for the nization acted only as corporate pass- now on the floor of the Senate, and I safety of my community. I am also angry. I throughs and, therefore, can be ig- intend to look at it very carefully and am angry that the United States is the only nored. possibly seek legislative remedy. country where shootings like this regularly Here is why I think that may be a I yield the floor. occur, and I am angry that our government problem. Corporate parents can exer- The PRESIDING OFFICER. The Sen- is not doing enough to prevent this kind of violence. cise an extraordinary level of control ator from Wisconsin. over subsidiaries without concluding f The attack in Orlando was, as I men- tioned, an act that allegedly was in- that the subsidiary is a mere pass- GUN VIOLENCE through. spired by maybe ISIL or other terrorist Requiring plaintiffs to show commer- Ms. BALDWIN. Madam President, groups, but it was also an act of hate, cial activity at every level of corporate last week—let’s start with last week- a hate crime. I have filed an amend- organization—at such an early stage in end—Americans woke to the news of a ment with my colleagues, Senator MI- the lawsuit—runs the risk of ignoring horrific mass murder in Orlando, FL. KULSKI of Maryland and Senator high-level involvement in the conduct The gunman, a U.S. citizen inspired by HIRONO of Hawaii, to increase funding that allegedly hurt the plaintiffs. If terrorists, legally purchased a weapon to strengthen the prevention of hate plaintiffs don’t satisfy this showing of war and turned it upon members of crimes and the enforcement of our hate against a parent company at an early the LGBT community on Latin night crimes laws and our civil rights laws. stage in their case, they may lose the at a nightclub in Orlando, FL—49 dead, The amendment is now cosponsored by chance to establish their claims. 53 wounded. 18 other Members of the Senate. Now, what this means, as a practical Senators returned from their home I think it is important to understand matter, is that this mechanism puts States last week to express thoughts what a hate crime is. A hate crime is foreign companies that happen to be and prayers and to observe moments of an underlying criminal act—so it is not owned by sovereign states at a distinct silence. Many of us resolved that while about hate thought or hate speech— advantage over private foreign compa- important, those sentiments were not wherein the victim of the crime or vic- nies. A private foreign company has no enough and that we needed to follow up tims of the crime are targeted based on mechanism for early dismissal of a those thoughts, those prayers, and a particular characteristic. Sometimes lawsuit on these grounds. A private those moments of silence with action. we hear about hate crimes committed foreign company would be required to I joined with my colleagues on the against the LGBT community because respond to the plaintiffs’ allegations, floor when Senator MURPHY of Con- of their sexual orientation or gender and it would have to produce evidence necticut held the floor for 15 hours to identity, but hate crimes are often per- during the course of the lawsuit relat- draw attention to two commonsense petrated against people on the basis of ing both to its control over other parts amendments that would have limited religion, race, ethnicity, or gender. of the conglomerate and also to its in- that easy access to a weapon of war by Hate crimes targeted against people volvement in the activities alleged. closing a loophole that allows so many based on their characteristics are done

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.014 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE S4382 CONGRESSIONAL RECORD — SENATE June 21, 2016 so because not only are the victims vic- ZIKA VIRUS get this done without any further timized, but it sends a message of ter- Mrs. MURRAY. Mr. President, I am delay. ror and hate throughout a community on the floor to focus on some very Mr. President, I yield the floor. to all people who share characteristics frightening news we got late last week I suggest the absence of a quorum. with the victim or who love people who about the Zika virus, news that shows The PRESIDING OFFICER. The share the characteristics of the victim. just how important it is that we get clerk will call the roll. They are terrifying, and they deserve, emergency funding to the President’s The senior assistant legislative clerk as we have chosen to do in the United desk right away. proceeded to call the roll. States, to be treated very specifically Last week, three babies were born in Mrs. GILLIBRAND. Mr. President, I as hate crimes. the United States with birth defects ask unanimous consent that the order It is only recently that the United linked to Zika. Three other preg- for the quorum call be rescinded. States recognized hate crimes against nancies didn’t make it to term as a re- The PRESIDING OFFICER. Without members of the LGBT community or sult of this virus. As a mother and objection, it is so ordered. against women or people with disabil- grandmother, my heart goes out to Mrs. GILLIBRAND. Mr. President, I ities with the passage of the Matthew these families, and as a U.S. Senator, I ask unanimous consent to speak for a Shepard and James Byrd, Jr. Hate am extremely frustrated that 4 months few moments before the gavel comes Crimes Prevention Act. down at 12:30 p.m. There are too many of these hate since President Obama first asked for a strong emergency funding package to The PRESIDING OFFICER. Without crimes in the news these days. We are objection, it is so ordered. still grieving the massive numbers of respond to this frightening virus, Con- dead and injured in Orlando. It was not gress still has not sent anything to the f all that long ago that Charleston had a President’s desk because, unfortu- GUN VIOLENCE mass murder in a church. The African- nately, the longer we wait to act, the more those numbers are going to grow. Mrs. GILLIBRAND. Mr. President, I American community was targeted. In rise to speak about three amendments Wisconsin, in another place of worship, In fact, Tom Frieden, Director of the CDC, has said in Puerto Rico alone, to this bill that I think would help in a Sikh temple in Oak Creek, WI, a keep America safe from gun violence. gunman came and targeted the con- hundreds of babies could be born with birth defects related to Zika. There are After so many tragedies, including the gregation during Sunday worship. mass murder earlier this month in Or- In America, hate crimes overall are already nearly 2,200 reported cases of lando, this Chamber has had one oppor- declining. That is good news, and that Zika in the United States and the ter- tunity after another to do something says something about what we can do ritories, and more than 400 expecting about the gun violence crisis, and last together when we pass strong laws and mothers are being monitored for pos- try to prevent these crimes, educate, sible infection. night was our most recent chance. and enforce our laws. But I am sad to Without question, this is a public The American people are watching share that while overall our hate health emergency. What makes it all us, waiting to see what we will do, crimes are declining, those against the more frustrating is we have an wondering if this time, after yet an- some groups—most notably Muslims agreement that could go to the Presi- other mass shooting, after yet another and members of the LGBT commu- dent to be signed into law right away. hateful, angry person was able to have nity—are on the rise. LGBT people are While it shouldn’t have taken so long, such easy access to a weapon of war to more likely than any other group to be Senate Republicans did finally agree to use it to quickly kill a crowd of inno- targeted for hate violence, and LGBT work with us on a downpayment on the cent people—maybe this time the Sen- people of color, particularly President’s emergency funding pro- ate would act. transgender women of color, are at the posal. But, no, this Chamber did nothing. very greatest risk. The agreement we have reached The Senate didn’t pass a single bill, not The amendment I have offered, along would give communities more re- even a bill to prevent someone on the with my colleagues, Senators MIKULSKI sources for vector control. It would terror watch list from buying an illegal and HIRONO, would provide, in the Com- help accelerate development of a vac- gun—not one. How many innocent peo- merce-Justice-Science appropriations cine and, critically, provide much ple have to be killed by guns in this bill, additional funding for the Civil needed preventive health care, includ- country before Congress is actually Rights Division to focus on hate crimes ing family planning services, such as convinced to act? prevention on the one hand but also en- contraception, to families who ask for The Senate failed the American peo- forcement and prosecution of those it. ple last night, and there is no other crimes when they occur. This amend- This package has support from both way to put it. We aren’t listening to ment will provide important tools to sides of the aisle. All Senate Demo- our constituents who are desperate for the Justice Department that they need crats and nearly half of Senate Repub- Congress to act. to combat discrimination and crimes of licans voted for it. It has now been a This Chamber hasn’t done anything hate in communities across the coun- full month since that agreement passed to help keep the American people safe try. I am pleased to have a large num- in the Senate. Unfortunately, instead in the aftermath of so much violence. ber of human rights organizations in of acting on it, House Republicans Every time a mass shooting happens this country endorse this as an impor- chose to move to conference with their somewhere in America—just like the tant step forward. own underfunded, irresponsible pro- one that occurred in Orlando—we hear We need to take action. We need to posal that offers just one-third of what the same calls for stronger, better, do more to address terrorism, to ad- is needed to combat this virus and tougher laws. The American people dress gun violence, and to address hate drains much needed resources from the overwhelmingly support them and crimes. I urge my colleagues in the ongoing Ebola response effort. nearly every time the gun industry and Senate to join me in calling for a vote With the health and well-being of its powerful lobby do whatever they on this amendment and supporting it women and babies on the line, now is can do to block these bills to protect when we get that opportunity. their own profits. I yield the floor. not the time for nickel-and-diming. It I suggest the absence of a quorum. is not the time for debates about tak- It is the same cycle over and over The PRESIDING OFFICER (Mr. ing from one health care priority to again. Someone with no business han- FLAKE). The clerk will call the roll. support another. This is the time to dling a powerful deadly weapon of war The senior assistant legislative clerk act because every infection prevented has easy access to that weapon and proceeded to call the roll. is a potential tragedy prevented, and then uses it to kill many people— Mrs. MURRAY. Mr. President, I ask there is no good reason why we cannot quickly. We have to make it harder for unanimous consent that the order for get a strong emergency funding pro- hateful, violent, radicalized people to the quorum call be rescinded. posal to the President’s desk this week. get their hands on weapons of war. The The PRESIDING OFFICER (Mr. Families are looking to Congress for only way to change this—the only CRUZ). Without objection, it is so or- action on Zika. It is well past time way—is if Congress fulfills its responsi- dered. that we delivered, and I hope we can bility to protect the American people

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.016 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE June 21, 2016 CONGRESSIONAL RECORD — SENATE S4383 and pass new laws that help keep us No one in America should have to go public trustees on the board of trustees safe. through his or her daily life in fear of for the various Social Security and I have three amendments, new an angry, radicalized citizen who can Medicare trust funds. At that time, I amendments, that have not been voted easily buy a weapon of war and use it noted that these nominations had be- on this session. They are three amend- on innocent Americans. All of these come the center of a political ments that actually could keep more amendments would help law enforce- firestorm. Sadly, that firestorm has Americans free of gun violence. ment do their jobs—be able to find continued in the weeks since I last First is a law enforcement bill. It is criminals who are trafficking weapons, spoke about this issue. While I have lit- a bipartisan gun trafficking amend- be able to find that small percentage of tle desire to delve into what is a manu- ment which would finally make gun bad gun dealers and shut them down, factured controversy, I do want to take trafficking a Federal crime. One would and make sure foreign companies some time to note how some events assume that bringing weapons up I–95 aren’t flooding our market with illegal taking place this week should impact and selling them out of the back of a military weapons. These three changes this particular debate. truck to a gang member in New York would make a difference. They would Tomorrow, the Social Security and City would be illegal, that it would be help our law enforcement community Medicare Boards of Trustees will re- a Federal crime. It is not. It is not a keep our communities safe. lease their annual reports, providing Federal crime to do that. I yield the floor. their assessment of the past, present, This bill is called the Hadiya Pen- and projected future financial condi- dleton and Nyasia Pryear-Yard Gun f tions of the trust funds. For decades, Trafficking and Crime Prevention Act. RECESS these reports have largely been devoid of politics, which is important because It is named after two teenage girls who The PRESIDING OFFICER. Under lost their lives because of gun violence it allows policymakers and the general the previous order, the Senate stands public to trust the numbers that are in their neighborhoods. They were in recess until 2:15 p.m. playing with friends, minding their reported. Thereupon, the Senate, at 12:34 p.m., Currently, there are four senior own business, and a stray bullet shot recessed until 2:15 p.m. and reassem- Obama administration officials who them both down. Nyasia was killed in bled when called to order by the Pre- serve as trustees on these various Brooklyn. Hadiya was killed in Chi- siding Officer (Mr. PORTMAN). Boards. There are also two positions cago. These were two young girls. I for public trustee—one from each party met Nyasia’s parents. They do not un- f according to the law—that are cur- derstand why their daughter had to die. CONCLUSION OF MORNING rently vacant. While it is not unheard Right now, there is no Federal law BUSINESS of for the Boards to issue their reports preventing someone from loading up a without confirmed public trustees in truck in Georgia, driving it up I–95, and The PRESIDING OFFICER. Morning place, this administration has issued reselling those weapons in a parking business is closed. more trustees’ reports with vacancies lot in Brooklyn to a gang member or f in the public trustee positions than other dangerous people who aren’t eli- COMMERCE, JUSTICE, SCIENCE, any other administration. gible to buy guns anywhere else. This In a recent article in the Huffington amendment would change that. It AND RELATED AGENCIES APPRO- PRIATIONS ACT, 2016 Post, Senators WARREN, SCHUMER, and would give our law enforcement the WHITEHOUSE put forth some serious al- The PRESIDING OFFICER. Under tools they need to get illegal guns off legations of political tampering with the previous order, the Senate will re- the street and to prosecute those who recent Social Security trustees’ re- are trafficking guns. sume consideration of H.R. 2578, which ports, stemming, according to their ar- The second amendment I would offer the clerk will report. guments, from the supposed undue in- would require weapons dealers to keep The senior assistant legislative clerk fluence of one particular public trust- physical inventories. This is something read as follows: ee. That trustee, Dr. Charles Blahous, law enforcement has asked for. With- A bill (H.R. 2578) making appropriations has been renominated by President out accurate inventory, it is impossible for the Departments of Commerce and Jus- Obama. for law enforcement to know whether tice, Science, and Related Agencies for the Specifically, these Senators alleged illegal gun sales are taking place or fiscal year ending September 30, 2016, and for other purposes. in their article that, due solely to the even if weapons have been stolen from presence of this single public trustee that store. Pending: on the Board, nefarious assumptions There are just a small number—a Shelby/Mikulski amendment No. 4685, in were somehow inserted into the trust- very small number—of bad gun dealers, the nature of a substitute. ees’ report analysis, leading the report but our law enforcement officials have McConnell (for McCain) amendment No. to overstate the financial challenges 4787 (to amendment No. 4685), to amend sec- a right to be able to find out who they facing Social Security. My good friend, are, why they are selling these weapons tion 2709 of title 18, United States Code, to clarify that the Government may obtain a Senator SCHUMER of New York, echoed out of the back of their gun sales specified set of electronic communication the very same allegations in a recent places and then selling them directly transactional records under that section, and Finance Committee markup where we to criminals who drive them up I–95 to make permanent the authority for indi- favorably reported President Obama’s and sell them to gang members in vidual terrorists to be treated as agents of nominees for public trustee. And, I em- Brooklyn or the Bronx or in Harlem or foreign powers under the Foreign Intel- phasize, these are President Obama’s in Buffalo. ligence Surveillance Act of 1978. nominees. The third amendment is also a law McConnell motion to recommit the bill to In the words of these prominent and enforcement amendment, something the Committee on Appropriations for a pe- riod of 14 days. outspoken Senators, the 2014 Social Se- asked for by law enforcement. It would curity trustees’ report, ‘‘curiously in- allow the ATF to ban foreign imports The PRESIDING OFFICER. The Sen- corporated a number of assumptions of military-style weapons, which tend ator from Utah, the President Pro playing up the potential of future in- to be used in crimes. Tempore. solvency of the program—a key talking Right now, many weapons with mili- Mr. HATCH. Mr. President, I ask point in the right-wing war on Social tary-style features not intended for unanimous consent that I be permitted Security.’’ Moreover, according to hunting, including those with high-ca- to complete my remarks. those Senators, the assumptions ‘‘were pacity magazines and laser sights, are The PRESIDING OFFICER. Without so troublesome that the independent being dumped into the U.S. market- objection, it is so ordered. Chief Actuary for Social Security took place by foreign arms manufacturers. SOCIAL SECURITY TRUSTEES’ REPORTS the unprecedented step of writing a This amendment would help prevent Mr. HATCH. Mr. President, a few public statement of actuarial opinion those dangerous, military-style weap- weeks ago I came to the floor to dis- disagreeing with the report.’’ They go ons from flooding our streets and end- cuss the situation surrounding Presi- on to say that ‘‘after similarly ques- ing up in the hands of criminals. dent Obama’s nominees to serve as tionable elements appeared in the 2015

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If that is the case, perhaps cial Security and further an anti-gov- Senators’ charges of apparent incom- they should come forward and reveal to ernment agenda. In fact, their article petence and powerlessness in the face the public just how deep the rabbit was ridiculously titled ‘‘The Koch of Dr. Blahous’s dastardly influence. I hole goes. Brothers Are Trying To Handpick Gov- think we need a clearer picture of what Needless to say, none of this is sen- ernment Officials. We Have To Stop went on in the compiling of those re- sible. It doesn’t even pass the laugh Them.’’ ports. test. And Dr. Blahous’s influence on These are serious allegations that In order to clear the air on this, I the trustees’ reports isn’t the only call into question the integrity of the sent letters earlier today to the admin- thing my colleagues have overstated in annual trustees’ reports. Yet my col- istration officials who sit on the Board their writings, tweets, and campaign leagues have stated these allegations to see if they agree with the claim that materials. They also dramatically repeatedly in various forms, from com- the reports they all willingly signed in- overstate the ‘‘rebukes’’ issued by the mittee hearings, to Twitter feeds, to cluded some unwarranted assumptions Chief Actuary for the 2014 and 2015 re- campaign fundraising materials, all designed to undermine Social Security ports. It is actually shameful for my without any apparent regard for these and requesting that they provide me colleagues to do this. implications. Worst of all, the charges with a full briefing on the issue. In truth, there actually were no re- are also patently false, and they can- Of course, the absurdity of my var- bukes or disagreements included in the not be supported by fact, reason, or ious colleagues’ claims goes beyond actuary reports. In fact, for both years even common sense. their implicit condemnation of mem- in question, the Chief Actuary wrote Setting aside the almost paranoid bers of President Obama’s Cabinet be- that ‘‘the assumptions used and the re- and conspiratorial tone my colleagues cause these senior officials were not sulting actuarial estimates are, indi- have used when making these claims the only line of defense standing be- vidually and in the aggregate, reason- and even assuming, for the sake of ar- tween the report and the alleged con- able for the purpose of evaluating the gument, that supposedly questionable spiracy to take down Social Security. financial and actuarial status of the assumptions were baked into those If these reports included some per- trust funds, taking into consideration trustees’ reports, there is simply no re- nicious assumptions, they not only the past experience and future expecta- motely possible way that they were slipped by the Secretaries of Treasury, tions for the population, the economy, used solely because of Dr. Blahous’s in- Labor, and HHS, and the Acting Social and the program.’’ fluence. Given the structure of these Security Commissioner, they must also There were caveats which largely re- Boards, if a single public trustee were have had to slip the notice of 10 mem- flected the Chief Actuary’s own opin- able to have such a pernicious influ- bers of the 2015 Technical Panel on As- ions but nothing that would call into ence on assumptions incorporated into sumptions and Methods, which was question the integrity of the reports as reports that warranted some sort of commissioned by the Social Security my colleagues claim. As I have said in alert from the Chief Actuary, then all Advisory Board and contained many the past, these tactics are, in my view, of the other trustees—Treasury Sec- recognized and highly respected ex- shameful, and they have little to do retary Lew, Labor Secretary Perez, perts, including a Nobel Prize-winning with protecting the promise of Social Health and Human Services Secretary economist. Security. Instead, they are 100 percent Burwell, Acting Commissioner of So- In other words, the pernicious and al- political, designed to serve as a proxy cial Security Colvin, the Democratic legedly billionaire-inspired assump- for what political operatives hope will Public Trustee Robert Reischauer—and tions that a single public trustee was be an epic campaign battle over Social their staffs were either complicit in the somehow able to covertly insert into Security, something the other side con- perverse distortions or were too incom- multiple trustees’ reports in order to stantly wages falsely. And, as is too petent and powerless to detect them. overstate Social Security’s financial often the case, the truth has taken a Give me a break. challenges were so cleverly advanced backseat to campaign talking points In other words, although they con- that they eluded prominent Obama ad- and fundraising efforts. veniently overlook these facts, when ministration officials, their staffs, 10 Rather than engage on the substance my colleagues publicly indict the in- highly skilled, expert researchers, and of their preferred Social Security poli- tegrity of the Social Security trustees’ the Social Security Advisory Board cies—and those of their presumptive reports, they are implicitly and nec- staff. That is ridiculous. And only the Presidential nominee—my friends have essarily calling into question the com- Chief Actuary was able to detect the opted to put forward false assertions petence and efficiency of senior mem- skullduggery. and allegations that cannot be sup- bers of President Obama’s Cabinet and, That is still not the end of it, how- ported by the facts in order to attack a really, that of President Obama him- ever. The nonpartisan Congressional nominee’s integrity and further a self, who renominated Dr. Blahous to Budget Office, CBO, has also produced twisted story about supposed Repub- serve a second term. forecasts of Social Security’s finances, lican efforts to ‘‘privatize’’ Social Se- Of course, being honest about the using some assumptions that differ curity and ‘‘turn it over to Wall makeup of the Board and the process from those used by the trustees for Street.’’ by which these reports are compiled their reports but which identify even It is not hard to see why some of my would make fundraising emails and greater financial challenges to the So- friends on the other side and their po- campaign commercials, not to mention cial Security trust funds than those litical allies in the activist community inflammatory entries on a Senator’s concluded in the recent trustees’ re- want to construct this type of con- Twitter feed, far less compelling. Rec- ports. spiracy with regard to Social Security. ognizing this, my colleagues have According to Senators WARREN, After all, in recent years, the only opted to simply imply that Dr. SCHUMER, and WHITEHOUSE, Dr. meaningful advancement to prolong Blahous—only one of the whole number Blahous, serving as an agent for the the life of any Social Security trust of those on the Board—was solely re- Kochs, was able to skew with nefarious fund took place last year under a Re- sponsible for allegedly questionable assumptions as part of ‘‘the right-wing publican-controlled Congress. Last contents of the reports, apparently war on Social Security’’ to play up the year, Republicans put together a bipar- hoping no one will fact-check their as- potential future insolvency of the pro- tisan package to avert benefit cuts for sertions. I have to, as chairman of the gram. Even so, he apparently wasn’t di- disability beneficiaries. At best Demo- Senate Finance Committee, fact-check abolical enough because he ended up crats only reluctantly came on board. these not so very honest assertions. duping the other trustees into assign- That package, which President Obama

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There are six trustees, including Yet, rather than help avert benefit aisle have unfortunately injected need- Mr. Blahous, who is the only Repub- cuts for disabled American workers and less politics into Social Security trust- lican. I am not even sure if he is a Re- improve the disability insurance pro- ee reports and have threatened the in- publican, but I think he is. They all gram, many of my friends on the other tegrity of those very reports with their signed off on these reports, and they all side spent most of their energy last allegations, as well as attacking an in- indicated we have to be careful about year raising campaign money by scar- dividual based on false claims. Unfor- Social Security or we are going to have ing Social Security beneficiaries and tunately, it seems that in an election a rough time keeping it stable. giving speeches claiming that Repub- year, Democrats are intent on con- I don’t think anybody in their right licans wanted to do nothing more than structing a ‘‘privatization’’ straw man mind thinks that we can continue to privatize Social Security and turn it and using it to scare seniors into send- keep doing what we are doing without over to Wall Street. We have been see- ing checks and votes to Democrats— finding some way of shoring this up. ing those kind of tactics in every elec- something we have become pretty used Ms. MIKULSKI. Right. As the chair tion for decades. It is shameful. Even to, really. That is despicable, to say of the committee, my question is this: with these constant attacks and distor- the least. On the altar of election-year What are my friend’s ideas so we can tions coming from my friends on the politics, they are apparently more than find common ground? other side throughout 2015, Repub- willing to sacrifice the historic trans- Mr. HATCH. Mr. President, my ideas licans constructed a package that en- parency and integrity provided by the are to not put out false information or acted the most meaningful reforms to trustees’ reports. Indeed, they have false language. Social Security in three decades and gone out of their way to claim that the Ms. MIKULSKI. OK, that is one we averted massive benefit cuts. We did so reports are already politically com- agree on. by dragging most Democrats along promised despite having no credible Mr. HATCH. I have to say that our kicking and screaming. It is not sur- evidence that such is the case—none, ideas are to find every way possible to prising that my colleagues are feeling zero. stabilize the Social Security system. the pressure to reassert their claims of Thanks to a bipartisan desire to have Ms. MIKULSKI. What is an example ownership of all things Social Security the facts on Social Security’s trust of one? in this election cycle, which they seem Mr. HATCH. Who knows. All I can to do every election cycle—falsely, by funds reported objectively and hon- estly, we have gone for decades with say is that we have held hearings on it, the way. It is shameful. and we have had everything from more By the way, in the midst of that 2015 trustee reports that were largely free taxes to pay for it, which isn’t very ex- debate, a prominent Democratic Sen- of political controversy. Unfortu- citing to most people around here, to ator gave a speech at the headquarters nately, some of my friends in the Sen- of a leftwing advocacy group—one that ate, spurred on by their activist polit- more government programs to pay for, happens to receive funding from a ical operatives, seem no longer to have to any number of other social programs noted leftist billionaire—warning of that political desire. It would truly be to pay for, and, frankly, none of those ‘‘attacks from the far right’’ on Social sad and not in the interest of current have been picked up by either side, to Security and ‘‘backdoor attempts to or future Social Security beneficiaries be honest with you. dismantle and privatize Social Secu- if trustees’ reports now become mere It is apparent that we are going to rity by discrediting disability insur- political documents. While that is the have to do something to shore up So- ance.’’ Curiously, that same event was road my colleagues apparently want to cial Security in the future, and the attended by the Chief Actuary of So- send us down—at least during this elec- question is this: Are we going to just cial Security, who was also a speaker tion year—I plan to do all I can to en- make it a sinkhole where all we do is at the event, and it was live tweeted by sure that will not become the case. put more and more money into it or the Social Security Administration. I am really concerned when I see peo- are we going to live with the reality Yet no one from the Republican Party ple of this dimension in the greatest that we are spending ourselves blind in published any inflammatory articles legislative body in the world using the this country? I don’t see any desire on accusing the Chief Actuary of using his Social Security ploy again in such a the part of my colleagues on the other title or position in association with a despicable way. It is hard for me to un- side to live with that reality right now. politically partisan event. No one ac- derstand. I think it is hard for anybody Ms. MIKULSKI. Mr. President, I ap- cused him of ‘‘burnishing his creden- who looks at it carefully to under- preciate the response of the Senator tials’’ by speaking at a highly partisan stand. from Utah, for whom I have a great event. Certainly, no one made claims The PRESIDING OFFICER. The Sen- deal of respect, but I want the record of a vast leftist conspiracy to plant ator from Maryland is recognized. to show that the Democrats are not progressive sympathizers in influential Ms. MIKULSKI. Mr. President, I have playing some kind of privatization positions in order to advance a leftist a question for the distinguished Sen- card. The proposal to do that has come view on Social Security or to capture ator from Utah. from the other party time and again. the agency. What are the Senator’s proposals to Mr. HATCH. Mr. President, will the By contrast, let’s consider what that stabilize the Social Security trust Senator yield on that? Huffington Post article and three of fund? Ms. MIKULSKI. Mr. President, I be- my Democratic colleagues said about Mr. HATCH. I am sorry; I did not lieve I have the floor. Dr. Charles Blahous. The article claims hear the question. The PRESIDING OFFICER. The Sen- that he ‘‘burnishes his credentials’’ as Ms. MIKULSKI. Mr. President, the ator from Maryland has the floor. a public trustee by daring to write arti- Senator from Utah said that we Demo- Ms. MIKULSKI. Mr. President, we cles outside of his role as public trustee crats have politicized the debate. are not playing a Social Security card. that identify and analyze financial Mr. HATCH. I didn’t say all of you We don’t believe you should play with challenges facing Social Security and have. Social Security, and that is why many Medicare. Gee, I would think that Ms. MIKULSKI. No, but my friend of us opposed the chained CPI. Every- would be part of his responsibility. The did say that we have injected politics body knows what chained CPI is. That article decries his affiliation with his into the Social Security debate and is Washington talk that would dra- own workplace, calling it ‘‘a Koch then went on to talk about how others matically and irrevocably lower the front-group,’’ which zealously approves have written articles. I don’t dispute cost of living that Social Security an ‘‘anti-government agenda.’’ what my friend said. But because he beneficiaries already get. Essentially, these Senators are say- chairs the Finance Committee, I won- If speaking up to protect and make ing that if you dare have ideas and dered what his five ideas are for the sure senior citizens are getting their

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Yet we have a AMENDMENT NO. 4787 card, and I don’t believe in playing the number of Senators here alleging that Mr. WYDEN. Mr. President, I believe game. one of the six trustees—it is so out of the next vote will take place on the Let’s not go around implying that line to say that—has all the evidence amendment offered by the senior Sen- Democrats are somehow or another to sign off on a report that Social Se- ator from Arizona that would allow for making Social Security a political curity needs some help, and they are the issuance of what are called na- football. It is a political football, but saying that this man, who happens to tional security letters, or NSLs, which what I worry about is, in the game of be the only Republican on the board of are administrative subpoenas, and political football on Social Security, trustees, is trying to push a privatiza- there will be an additional provision on who gets kicked around but the sen- tion schedule. That is all I am bringing what is called lone wolf. I am going to iors. That is who gets kicked around in up. I can say that I have heard Demo- direct most of my comments for col- the game of political football on Social crats talk about privatization as well. leagues on the national security letters Security. It is one of the subjects that I suppose because the lone wolf provision was re- Yes, the stability of the trust fund is has to come up in conjunction with authorized for another 4 years as part a very real issue, and I note that the this: Are we going to save Social Secu- of the USA FREEDOM Act. ranking member on the Finance Com- rity? Will we do what is necessary I want colleagues to understand that mittee is here, and I ask if the Senator here? Are we just going to keep talking this tool, which certainly has been de- wishes to speak. about it like we do year after year? Are bated, while never used—it wouldn’t Mr. HATCH. Mr. President, I would we going to allow one side to continue have applied to the Orlando or San like to respond. to distort what Social Security is all Bernardino cases—I want colleagues to Ms. MIKULSKI. Mr. President, does about? And are we going to do it to the understand that it is the law of the Senator WYDEN wish to speak at this detriment of every Republican in this land today, and in the USA FREEDOM time? body who feels completely otherwise? Act, it was extended for another 4 Mr. WYDEN. Mr. President, I say to That is what I am talking about. years. my colleague that I just walked in and I think most Democrats want to help What I would like to do, though, is I am prepared to speak on another sub- secure Social Security, as I do, but to focus my remarks on the amendment ject, whenever it is convenient for my use that as a political ploy every time from the senior Senator from Arizona colleague. we turn around every 2 years is just as it relates to national security let- The PRESIDING OFFICER. The Sen- plain not right. That is what I am de- ters. In effect, what the senior Senator ator from Utah. crying here today. We ought to all look from Arizona is seeking to do is add Ms. MIKULSKI. Mr. President, I and see what we can do to strengthen back a provision that the administra- haven’t yielded the floor yet. I asked Social Security, and we ought to look tion of George W. Bush—not exactly an because the distinguished Senator from at every possible way of doing so and administration people would accuse of Utah is the chair of the Finance Com- choose the best approaches we possibly being soft on terror—the senior Sen- mittee. The ranking member has ar- can. But to have false allegations ator from Arizona is seeking to add rived, and I didn’t know if they planned thrown out there just for political rea- back this provision that was rejected a colloquy. That is why I turned and sons to scare the people out there who by the administration of George W. asked my colleague if he wished to are on Social Security, unjustly scare Bush. make a comment, but I was not giving them, I think is despicable, and I think Here is how the amendment offered up the floor. we ought to put a stop to it and quit by the senior Senator from Arizona The PRESIDING OFFICER. The Sen- making Social Security the paddle ball would work. Under his amendment, ator from Maryland is not permitted to for Democrats in our political process. which we will vote on tomorrow, na- yield, apparently, but is certainly per- I am chairman of the Finance Com- tional security letters, which are called mitted to speak. mittee. I have every desire to work NSLs, could be issued by any FBI field Ms. MIKULSKI. Mr. President, I with Democrats to resolve all of these office to demand records from a com- thank the Senator from Ohio, who is issues, and I am open to whatever will pany without going to a judge or with- the Presiding Officer. help to resolve them. Our senior citi- out any other oversight whatsoever. So We have been in session for over a zens deserve that type of treatment. I let’s repeat that because what col- half-hour, and I have spoken for only 5 want to make sure we don’t just make leagues have wanted to know is exactly minutes. I just want to reiterate that this a big political issue, as has been what this would cover. The McCain the solvency of Social Security and its done here. amendment would allow for the gov- trust fund is indeed of significant na- Blahous is a very important person, a ernment to demand email records, text tional interest. We have had a variety strong personality, a strong, highly message logs, Web browsing history, of commissions. We have had a lot of educated person who has given great and certain types of other location in- proposals. We have had a lot of meet- service in this area. I just don’t think formation without any court oversight ings. We now need to have the will to it is proper to make him a symbol in whatsoever. act, but the will to act goes in pin- what really is a false set of accusa- As I have indicated, this had been on pointing solutions and not pointing a tions. I am not going to put up with it, the books for a number of years, and finger at someone because of the polit- and I don’t think anybody else should the administration of George W. Bush ical party they belong to. either. And I don’t think my colleagues said it was unnecessary—in effect, that Mr. President, I am now going to on the other side, if they really under- it was unnecessarily intrusive. yield the floor. stand the situation, will put up with it In addition, since the Bush adminis- The PRESIDING OFFICER. The Sen- either. tration acted, I want to make mention ator from Utah. We have a body that works together of the fact that in the USA FREEDOM Mr. HATCH. Mr. President, I was just in many good ways. I have total re- Act, the Congress adopted something I explaining that we just fixed the dis- spect for the distinguished Senator have been working on for a number of ability insurance fund last year. I wish from Maryland. She is somebody I do years—since really 2013—to, in effect, to also point out that the last time I work with, whom I want to work with. give the government additional author- recall anybody talking about the pri- She is thoughtful. She has done a great ity in the case of emergencies. vatization of Social Security was job on her committee—her committees, In other words, I have always felt the President Clinton. The last time I I should say—and she has a friend in Fourth Amendment and the warrant heard, he was a Democrat. me, and so do the three who have been process was something that was very

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That is what we are Federal law enforcement officers from ties necessary to protect the American aiming for. What is being advanced in every Federal law enforcement agency, people in the instance of an emergency. this amendment is an idea that really including the FBI—strongly supports So the USA FREEDOM Act gave the doesn’t do either. It doesn’t advance this amendment. FBI the authority to demand all the the security and well-being of the They go on to say—again, contrary records they deemed necessary and American people, and it certainly to what the Senator from Oregon says, then, in effect, after the fact—after the erodes their liberties. the Federal Law Enforcement Officers fact—come back and settle up with the So I hope tomorrow, when we have Association says that this amendment court. So unless you are opposed to the vote on this amendment, that col- ‘‘would correct an oversight in the law court oversight after the fact, unless leagues will look at the history. It was that has impeded the FBI’s ability to you are opposed to court oversight al- rejected by the Bush administration. obtain these records in national secu- together, there is no reason to support Now we have emergency authority, I rity cases on a timely basis.’’ They go the amendment offered by the senior say to my colleagues, for the govern- on to say that ‘‘for over fifteen years— Senator from Arizona. ment to get information when it needs including the eight years after 9/11— A number of colleagues have also it. After the fact, the government can the FBI continued to use’’—what they asked about the history of these na- come back and settle up. are talking about now is they want ‘‘to tional security letters. There is a long I think this amendment is a very gather electronic communications history of abuse and misuse, a long and substantial mistake. There has been a transactional records. Significantly, very undistinguished record of abusive long history documented by the inspec- this authority was never used to ac- practices. tor general of abuses with these na- quire these records indiscriminantly.’’ The Justice Department inspector tional security letters. I urge my col- They go on to say that the amendment general has issued four separate re- leagues tomorrow to oppose this ‘‘is necessary to protect America from ports over the past few years—four sep- amendment. terrorist threats and transnational arate reports—documenting a number I yield the floor. The PRESIDING OFFICER. The Sen- criminal organizations.’’ of serious problems. The inspector gen- ator from Arizona. This is what those men and women— eral found that data collected pursuant Mr. MCCAIN. Mr. President, the thousands of them are members of this to the national security letters was White House approved the FBI’s re- organization. The list is incredibly stored indefinitely and used to gain ac- quest for this fix and sent forward a long. The Federal law enforcement cess to private information in cases proposal, and then FBI Director James agencies believe this amendment is that weren’t relevant to an FBI inves- Comey, who I think is well respected— necessary to protect them and America tigation, and the national security let- in fact, probably one of the most re- from terrorist threats and ters were used to collect tens of thou- spected men in America—summed up transnational criminal organizations. sands of records at a time. the importance of this amendment, the It is clear. Some have also made mention of the Director of the FBI. No one who I know Mr. President, I ask unanimous con- fact that a company that gets one of of has accused the Director of the FBI sent that the following letters of sup- these national security letters could of trying to adopt some unconstitu- port be printed in the RECORD: the Fed- challenge it in court. That is tech- tional practices or gather power upon eral Law Enforcement Officers Associa- nically right. Big companies that have himself and his agency. Here is what he tion letter, the National Fraternal the resources can challenge them. The said: This amendment ‘‘would be enor- Order of Police letter, and the Federal small companies invariably say they mously helpful.’’ That is despite what Bureau of Investigation Agents Asso- can’t afford to do that. So, again, no the Senator from Oregon says. He said ciation letter. oversight. No oversight—particularly this is essentially ‘‘a typo in the law There being no objection, the mate- striking given the fact that, as I have that was passed a number of years ago rial was ordered to be printed in the noted, in the FREEDOM Act—some- that requires us to get records, ordi- RECORD, as follows: thing I felt very strongly about—we nary transaction records that we can FEDERAL LAW ENFORCEMENT gave the government additional au- get in most contexts with a non-court OFFICERS ASSOCIATION, thority in the instance of emergencies. order, because it doesn’t involve con- Washington, DC, June 10, 2016. So we have now, by virtue of the tent of any kind, to go to the FISA Hon. CHARLES E. GRASSLEY, Chairman, Judiciary Committee, amendment we will vote on tomorrow court to get a court order to get these from my friend and colleague—we cer- U.S. Senate, Washington, DC. records. Nobody intended that.’’ That Hon. PATRICK J. LEAHY, tainly have agreed on plenty of issues is what the Director of the FBI says. over the years. This is one where we Ranking Member, Judiciary Committee, U.S. That is what the record shows, as is Senate, Washington, DC. see it differently. You have something important. As the Director of the FBI DEAR CHAIRMAN GRASSLEY AND RANKING the Bush administration rejected. The says: MEMBER LEAHY: The Federal Law Enforce- administration of George W. Bush— Nobody intended that. Nobody I’ve heard ment Officers Association (FLEOA)—the na- hardly one that we would say is sympa- thinks that’s necessary. It would save us a tion’s largest non-partisan professional asso- thetic to the idea of weakening the tremendous amount of work hours if we ciation which represents federal law enforce- government’s stance against terror— could fix that, without any compromise to ment officers from every federal law enforce- they thought this was a mistake. They anyone’s civil liberties or civil rights. ment agency, including the FBI—strongly supports Senator Cornyn’s effort to address thought the amendment that there will I agree with the Director of the FBI. issues related to Electronic Communication be an effort to add back in was a mis- This amendment—I am astounded, Transactional Records (ECTRs) during the take, and it was taken out. This would very frankly, that there is not a unani- Senate Judiciary Committee’s consideration not have beefed up the fight against mous vote on this. It is simple. If the of S. 356, the Electronic Communications what happened in San Bernardino and FBI is able to go into your financial Privacy Act Amendments Act of 2015. The Orlando. written records, if they are able to go amendment, referred to as the ‘‘ECTR Fix,’’ The FBI says it would help them into your telephone records, then, pray would update electronic privacy laws and with paperwork. I am not going to tell, what is the difference between would help the FBI effectively investigate quibble with that. I have great respect and thwart terrorist plots. those and electronic records? It just so The ECTR amendment would correct an for the FBI. But we are going to aban- happens electronic records are much oversight in the law that has impeded the don court oversight in an area where larger. FBI’s ability to obtain these records in na- the inspector general has documented So don’t take my word for it, I say to tional security cases on a timely basis. In abuses because it is convenient? my colleagues, but I would listen to Counterterrorism and counterintelligence

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investigations, telephone toll records and essary. It would save us a tremendous FEDERAL BUREAU OF INVESTIGATION, electronic communications transactional amount of work hours if we could fix that, AGENTS ASSOCIATION, records are key components. It’s important without any compromise to anyone’s civil Alexandria, VA, June 8, 2016. to distinguish that these electronic commu- liberties or civil rights.’’ Re: Electronic Communication Trans- nications are metadata, not content. Section The ECTR amendment is necessary to pro- actional Records. 2709 of Title 18 permits the FBI to collect tect America from terrorist threats and Hon. CHARLES E. GRASSLEY, this data with a national security letter so transnational criminal organizations. I Chairman, Senate Committee on the Judiciary, long as the information is ‘‘relevant to an strongly urge you to consider adopting the U.S. Senate, Washington, DC. authorized investigation to protect against ETCR Fix as part of S. 356 the Electronic Hon. PATRICK J. LEAHY, international terrorism or clandestine intel- Communications Privacy Act Amendments Ranking Member, Senate Committee on the Ju- ligence activities.’’ The metadata from these Act. diciary, U.S. Senate, Washington, DC. records are critical when the content of ter- Respectively, DEAR CHAIRMAN GRASSLEY AND RANKING rorist communications are increasingly be- NATHAN R. CATURA, MEMBER LEAHY: On behalf of the FBI Agents yond the reach of lawful process because of FLEOA National President. Association (‘‘FBIAA’’), a voluntary profes- the widespread deployment of strong sional association currently representing encryption software. NATIONAL FRATERNAL over 13,000 active duty and retired FBI Spe- As originally enacted, Section 2709(a) es- ORDER OF POLICE, cial Agents, I write to express our support tablished a duty for wire and electronic serv- Washington, DC, June 21, 2016. for addressing issues related to Electronic ice providers to comply with an FBI request Hon. MITCH MCCONNELL, for ‘‘subscriber information and toll billing Communication Transactional Records Majority Leader, records information, or electronic commu- (‘‘ECTRs’’) during the Senate Judiciary U.S. Senate, Washington, DC. nications transactional records,’’ and sub- Committee’s consideration of S. 356, the Hon. HARRY M. REID, section (b) provided the means by which the Electronic Communications Privacy Act Minority Leader, FBI could make such requests. Section Amendments Act of 2015. The relevant U.S. Senate, Washington, DC. 2709(b), however, did not specify the informa- amendment, referred to as the ‘‘ECTR Fix,’’ DEAR SENATORS MCCONNELL AND REID, I am tion that the FBI could request. Instead, it would be wholly consistent with the effort to writing on behalf of the members of the Fra- referenced ‘‘any such information and update electronic privacy laws, and would ternal Order of Police to advise you of our records’’ as described in subsection (a). help the FBI more effectively investigate Congress amended Section 2709(b) in 1993 to support for S. Amdt. 4787 which will be of- and thwart terrorist plots. specify that the ‘‘subscriber information’’ fered to amend H.R. 2578, the ‘‘Commerce, Notwithstanding the well-funded efforts by that a certification could request consisted Justice, Science, and Related Agencies Ap- technology companies and activists to mis- of ‘‘name, address, length of service, and toll propriations Act, 2016.’’ represent the ECTR Fix, the truth is that billing records.’’ No changes were made to The amendment will provide Federal law clarifying the language of § 2709 would strike the authority to obtain electronic commu- enforcement with the tools they need to in- a familiar and effective balance between pri- nications transactional records. However, vestigate and prevent terrorist attacks by vacy and security. ECTRs provide informa- while Section 2709(a) still required produc- clarifying Section 2709 of Title 18 with re- tion abut the IP addresses, routing, and ses- tion of electronic communications trans- spect to Electronic Communication Trans- sions times for electronic communications, actional records, removal of the phrase ‘‘any actional Records (ECTRs). Under this stat- and electronic service providers have com- such information and records’’ left sub- ute, Federal law enforcement authorities plied with FBI requests for ECTRs pursuant section (b) without any specific reference to have been able to request and then collect to § 2709 for years. This cooperation furthered the electronic communications transactional metadata, not content, from service pro- the protection of the public, as ECTRs are records referenced in subsection (a). None- viders as long as they have a national secu- used to identify patterns of communications theless, Congress clearly intended Section rity letter and the data request is ‘‘relevant in the course of national security and ter- 2709 to continue to serve as a means of ob- to an authorized investigation to protect rorism investigations. At the same time, ac- taining electronic communications trans- against international terrorism or clandes- cess to ECTRs does not represent a threat to actional records, as subsection (a) continued tine intelligence activities.’’ However, de- the privacy identify patterns of communica- to refer to a duty to produce such records on spite 15 years of regular cooperation, recent tions in the course of national security and request, and the title of the provision contin- requests made to some service providers terrorism investigations. At the same time, ued to reference ‘‘transactional records.’’ have been rejected and these companies have access to ECTRs does not represent a threat For over fifteen years—including the eight cited ambiguity in the existing statute. to the privacy of Americans because the FBI years after 9/11—the FBI continued to use The amendment would make clear Con- can only request ECTRs for a limited scope Section 2709 to gather electronic commu- gressional intent that such requests do not of investigations, and because ECTRs do not nications transactional records. Signifi- allow access to any content but that name, include detailed information about the spe- cantly, this authority was never used to ac- email, Internet Protocol (IP) and physical cific web pages visited by internet users or quire these records indiscriminately or in addresses, telephone me/instrument number, the content of web pages or electronic com- bulk. However, the recently-passed USA account number, login history, length and munications. FREEDOM Act specifically prohibits doing type of service as well as the means by which Despite these facts, and as a part of their so. In 2009, however, some electronic commu- the service is paid for be made available to privacy-focused marketing strategies, tech- nications service providers began refusing to law enforcement. This meta data can be cru- nology companies recently began refusing to comply with these requests, citing the scriv- cial in counterterrorism and counterintel- cooperate with the FBI on ECTR requests, ener’s error referenced above. The number of ligence investigations. The FOP believes the and have pointed to statutory ambiguity as providers refusing to do so has increased amendment merely clarifies the existing a justification for their actions. This choice over the years. In certain cases, the FBI has statute and does not give law enforcement has undermined national security and sought the records using other authorities, any new authorities or access to data pre- counterterrorism investigations, and neces- but those authorities take significantly viously unavailable to them. In fact, the re- sitates Congressional action. more time and resources than using Section cent resistance to such requests was de- Given the importance of protecting the 2709. scribed to the Committee on the Judiciary as public from terrorist threats, we support an This section of the bill would amend Sec- ‘‘essentially a typo’’ and the amendment bet- amendment to include the ECTR Fix in S. tion 2709 to reflect the original intent of ter defines Congressional intent with respect 356, as well as the efforts to address the issue Congress by clarifying the types of ‘‘tele- to ‘‘telephone toll and transactional through other legislative vehicles. We hope phone toll and transactional records’’ that records.’’ that Congress will make these reasonable the FBI used it to obtain for many years, I urge you and the Members of the United and common-sense changes in a timely man- while explicitly prohibiting the collection of States Senate to support S. Amdt. 4787 to en- ner. communications content. sure the timeliness and effectiveness of our If you have any questions, please contact In December 2015, FBI Director James nation’s counterterror and counterintel- me at [email protected] or 703–247–2173, or Comey summed up the critical importance of ligence operations. Our nation’s security and FBIAA General Counsel Dee Martin, the ETCR amendment when he testified be- defense should not be held hostage or inves- [email protected], and Joshua fore the Senate Judiciary Committee. He tigations jeopardized because of a ‘‘typo.’’ Zive, [email protected]. said, clarifying this authority ‘‘would be Thank you as always for your consider- Sincerely, enormously helpful. There is essentially a ation of the views of the more than 330,000 REYNALDO TARICHE, typo in the law that was passed a number of members of the Fraternal Order of Police. If President. years ago that requires us to get records, or- I can provide any additional information on Mr. MCCAIN. I will go on. dinary transaction records that we can get this or any other issue, please do not hesi- The Federal Bureau of Investigation in most contexts with a non-court order, be- tate to contact me or Executive Director cause it doesn’t involve content of any kind, Jim Pasco in my Washington, D.C. office. Agents Association says that it is a to go to the FISA court to get a court order Sincerely, voluntary professional association cur- to get these records. Nobody intended that. CHUCK CANTERBURY, rently representing over 13,000 active- Nobody I’ve heard thinks that that’s nec- National President. duty and retired FBI special agents.

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The Fraternal Order of Police goes on bility to defend this Nation, particu- By the way—hello—we just had an to say that ‘‘the amendment would larly against these attacks, and they attack in Orlando where 49 Americans make clear Congressional intent that are telling us they can’t adequately de- were slaughtered, and we are arguing such requests do not allow access to fend against these attacks because of a whether we should allow the FBI to any content but that name, email, provision we have that they can’t even find out not the information in elec- Internet Protocol (IP) and physical ad- look at the fact that a site was used. tronic communications, but just find dresses, telephone/instrument number, By the way, if the Senator from Or- out about electronic communications. account number, login history, length egon and others believe this is an inva- That is what this is about. and type of service as well as the sion of privacy, then why don’t they I will quote from the 13,000 active- means by which the service is paid for propose an amendment that telephone duty and retired FBI special agents: be made available to law enforce- and financial records should also be in I write to express our support for address- ment.’’ that same category? Of course, that ing issues related to Electronic Communica- The Senator from Oregon, if I got his has the problem of being consistent. tion Transactional Records (‘‘ECTRs’’). . . . remarks right, says: Well, there has The law allows the FBI to request The relevant amendment, referred to as the been corruption of it. There has been telephone billing information, finan- ‘‘ECTR Fix,’’ would be wholly consistent abuse. There has been misapplication. cial transaction records, but terrorists with the effort to update electronic privacy One of our jobs is oversight, if that is don’t radicalize by phone and they laws, and would help the FBI more effec- happening. But I also would say that is tively investigate and thwart terrorist plots. don’t listen to ISIL propaganda a damning indictment of these men and through financial transactions. They After Orlando, do we want to help the women who are putting their lives on radicalize through the Internet. I re- FBI more effectively investigate and the line every single day and are beg- peat: They radicalize through the thwart terrorist plots or do we want to ging for this tool to defend this Nation. Internet. So if they are radicalizing restrict their ability to do so? Is that The Fraternal Order of Police says: through the Internet, shouldn’t we gain what the Senator from Oregon wants? I I urge you and the Members of the United as much possible information as we can don’t think so. States Senate to support [the amendment] to by monitoring their use of the Inter- Notwithstanding the well-funded efforts by ensure the timeliness and effectiveness of net? technology companies and activists to mis- our nation’s counterterror and counterintel- Reports indicate that in 2013 the Or- represent the ECTR Fix, the truth is that ligence operations. Our nation’s security and clarifying the language [of subsection 2709] defense should not be held hostage or inves- lando terrorist was removed from a ter- would strike a familiar and effective balance tigations jeopardized because of a ‘‘typo.’’ rorist watch list because there was in- between privacy and security. ECTRs pro- Thank you as always for your consider- sufficient information showing he was vide information about the IP addresses, ation of the views of the more than 330,000 radicalized and therefore a threat. Per- routing, and sessions times for electronic members of the Fraternal Order of Police. haps—and I emphasize ‘‘perhaps’’—if communications, and electronic service pro- These are the views of more than the FBI had more effective authorities viders have complied with FBI requests . . . 330,000 members of the Fraternal Order that would allow them to more easily for years. . . . Given the importance of pro- of Police. I think maybe we ought to determine Internet activity of those tecting the public from terrorist threats, we support an amendment to include the ECTR listen to the will of 330,000 men and suspected of radicalization, he would Fix . . . as well as the efforts to address the women who are out there every day de- have remained, perhaps, on the watch issue through other legislative vehicles. We fending this Nation. Maybe we ought to list. Currently, the FBI can only re- hope that Congress will make these reason- listen to them. Maybe they are the ceive electronic transactional records able and common-sense changes in a timely ones whose lives are in danger. They information by going through the FISA manner. are the ones who are the first targets Court process, which is a time-inten- It is signed by Reynaldo Tariche, the of the terrorists. Maybe we ought to sive court process that often takes over president of the Federal Bureau of In- listen to their views rather than some a month. With the thousands of poten- vestigation Agents Association. misguided view that somehow this in- tially radicalized individuals already in So we have a choice here. We have a vades our privacy, to find out simply the United States, we need to make it choice here. We have those who are so whether an address has been used and easier, not harder, for the FBI to re- worried about privacy and those whose for how long—not content. If content is ceive the critical evidence they need so job and whose solemn duty is to pro- involved, that requires going to the they can focus their investigations. tect this Nation—Federal law enforce- FISA Court. Let me state again clearly for the ment officers, the FBI, 13,000 of the FBI Last week the Director of the CIA ap- benefit of my colleagues what this pro- agents, and then, of course, we have peared before a rare open session of the vision does not do. It does not allow those who are under assault on a daily Senate Intelligence Committee to de- the FBI to see the content of emails or basis—our police. liver a stern warning to the American conversations in Internet chat rooms. This is a letter from the Fraternal people: ISIL has built a global appa- As I said before, this provision is nar- Order of Police ‘‘writing on behalf of ratus with the intent to plot and incite rowly drawn and carefully limited. the members of the Fraternal Order of attacks against the West. He explained The administration, Congress, and Police to advise you of our support’’ for that despite our 2-year air campaign in national security experts from both this amendment which will be offered. Iraq and Syria and despite our efforts sides of the aisle have spoken repeat- ‘‘The amendment will provide Federal to build and fight with local forces and edly about taking on ISIL’s Internet law enforcement with the tools they despite the best work of our special op- radicalism. This provision, according need to investigate and prevent ter- erators, ISIL and other terrorist to the Director of the FBI, is a most rorist attacks.’’ It isn’t any more com- groups continue to evolve and plan to important tool to give the FBI valu- plicated than that. kill innocent Americans who reject able data points to do just that. My remarks probably will be a little their hateful ideology. We face a threat from individuals longer. That is the warning of the Director who have been radicalized by the The Fraternal Order of Police has it of the CIA. The CIA’s warning obvi- words, actions, and ideology of ter- right. This will provide an ability to ously comes after the attack. It is re- rorist groups. These individuals may prevent and counter further terrorist markable. The CIA’s notice about act alone, without clear direction from attacks. ISIL’s continued strength followed terrorist groups, but they fulfill the in- How many attacks do we need? I years of warnings by the Director of tent and desire of these groups. would ask my colleagues who are op- the FBI and others in law enforcement We must ensure that our law enforce- posed to this simple amendment, how who have explained to policymakers ment authorities keep pace with the many attacks? Another San time and time again that the use of ad- tactics and methods of our adversaries. Bernardino? Another Orlando? Two or vanced technologies by our enemies is If our adversaries seek to attack us by three more attacks before we give the making it increasingly difficult for law inciting lone-wolf violence, we have to

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.026 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE S4390 CONGRESSIONAL RECORD — SENATE June 21, 2016 make sure law enforcement has the au- cluded section 102. Section 102 very ex- liberty. That is why the emergency au- thorities they need to investigate and, plicitly said that if the government—if thorities we got in the USA FREEDOM we hope, stop those attacks. the FBI, in a situation like Orlando or Act are so important. They are intact. Our intelligence and law enforcement San Bernardino, for example—if the They can be used for any situation— officers are the best in the world, but government believed it needed infor- Orlando, San Bernardino, any other— as terrorist networks grow and metas- mation immediately—immediately— that the government, the FBI, feels the tasize around the world, we ask them the government could get the informa- security and safety of the American to bear an increasingly difficult—some tion and then go back to the court people are at stake. even say impossible—burden. We ask after the fact. In effect, after the gov- With respect to the lone-wolf provi- them to uncover threats by individuals ernment had been able to get the infor- sion, which I heard my colleague men- who are hidden among millions of law- mation of its own volition, settle up tion, we reauthorized that for 4 years abiding citizens. We ask them to deter- immediately so as to protect the Amer- in the USA FREEDOM Act. I supported mine which of us has been inspired by ican people. that as well. evil to do harm to our fellow citizens, This debate is about are we going to I just hope colleagues will think and we ask that they do this difficult have policies that advance both our se- through the implications of the amend- task with little or no impact on any- curity and our liberty. I have felt very ment from the Senator from Arizona one’s privacy. We have to recognize strongly—I see my seatmate, the dis- because under what he is talking this threat for what it is. tinguished ranking member of the Ap- about, a national security letter, what As our enemy evolves, so, too, we propriations Committee. We sit next to is called an NSL, can be issued by any must evolve and strengthen our coun- each other on the Intelligence Com- FBI field office to demand records from terterrorism tools and authorities. mittee. We talk about these issues very a company without going to a judge. Let’s stop tying the hands of those who often. As part of the USA FREEDOM To support this, in effect, you basically wish only to keep us safe and on many Act, I pushed very hard to make sure are saying you don’t support oversight, occasions are ready to make them- the government had those emergency you don’t support court oversight, be- selves unsafe in order to protect our authorities. cause we have given the court and the fellow citizens. This is a dangerous time. Nobody dis- government the ability to move quick- I guess my colleagues are presented putes that. If you have been on the In- ly. I hope tomorrow we don’t conclude with a choice. As the Senator from Or- telligence Committee, as Senator MI- that the FBI ought to be able to de- egon, with great skill and oratorical KULSKI and I have been for so many mand email records, text message logs, tools, will talk about rights of privacy, years, that is not in question. This is a Web-browsing history, and certain will talk about constitutional protec- dangerous time. types of information without court tions, all of those things—this is sim- No. 1, the question is, Are we going oversight. ple. This is a simple amendment. It has to have both security and liberty? In The Senator from Arizona said: Well, nothing to do with going into these my view, that is where the amendment you are not going to get all the content sites and finding out information. That from the senior Senator from Arizona of those emails. requires going to court. comes up short. That is true, but the fact is, in a lot All it does is tell the FBI, whose Di- No. 2, the Senator from Arizona has of instances, when you know who rector has pled for this capability— said the problem he seeks to correct emailed whom, you know a whole lot does anyone assume the Director of the was just a typo, kind of a clerical about that person. If somebody emailed FBI wants to act in an unconstitu- error—not even close. the psychiatrist four times in 48 hours, tional fashion? Of course not. But you The debate back in 1993—we have the you know a whole lot about the person. must accept the fact that it is his re- record, the House, the Senate, the FBI. You don’t have to see all of the content sponsibility to protect the Nation and, It was very carefully crafted in a way of the emails. therefore, when he asks for the tools to to ensure that there would not be abuse Colleagues, we will discuss this some protect this Nation, then maybe we in the digital area. When you look at more, but I hope Senators will see this ought to pay attention and give them that specifically, that is very clear. is about ensuring there is both security to him. I know of no one who is an ob- This was not a typo. This was carefully and liberty. The government has not jective observer who believes it would crafted—House, Senate, FBI—in 1993. said or intimated that if they had the be unconstitutional to adopt this When my friend from Arizona says it power the Senator from Arizona seeks amendment. was a typo—not even close. I hope col- to put back—that the Bush administra- I don’t know about abuses in the past leagues will avail themselves of our tion rejected—the government has not that the Senator from Oregon says offer to look at the record. said or intimated this would have pre- have taken place. I know abuses have Right now, nobody from the govern- vented the horrific tragedy in Orlando. taken place in the past on almost any ment, the FBI, has said, if it had the I hope my colleagues will oppose the aspect of American life. But I also power the Senator from Arizona seeks McCain amendment tomorrow. know that when you have all of our po- to give the government—nobody in the I yield the floor. lice—330,000 of them, representing intelligence field or in the government The PRESIDING OFFICER. The Sen- them—13,000 in the Federal Bureau of said it would have prevented Orlando. ator from Maryland. Investigation, Federal law enforcement The fact is, the government has the Ms. MIKULSKI. Mr. President, we agencies from all over America—the authority, the emergency authority, have heard a spirited debate between list is incredibly long—all asking for and it was something I pushed very two distinguished Senators, two distin- the ability to defend this Nation, by hard for. It was right at the core of my guished Americans, who are very pas- God, I think we should give it to them. belief that we ought to be pushing for sionate about defending America, and I I yield the floor. both security and liberty at a dan- know there will be more debate on this. The PRESIDING OFFICER. The Sen- gerous time and that the two are not The Senator from Arizona and those ator from Oregon. mutually exclusive. So we added to the who cosponsor his amendment want to Mr. WYDEN. Mr. President, the sen- USA FREEDOM Act that emergency add more authority to the FBI. ior Senator from Arizona—whom, as I authority for the government. I rise to say that in the next day, mentioned, I have worked with often— It is also true, the administration of when there is an opportunity to offer has said, in effect, if you oppose his George W. Bush specifically rejected another amendment, I will be offering amendment, you are interested in pri- the idea the Senator from Arizona is another amendment to give the FBI vacy. calling for. They specifically said this more money to do the job with the au- The reality is, my interest is in pri- has created problems. There have been thority it does have. Working on a bi- vacy and security. I believe it is pos- four separate inspector general anal- partisan basis, the distinguished Sen- sible to have both, and I want to ex- yses that support that. ator from Alabama and I tried to plain how that is the case. As we continue this discussion, I produce a very good bill to fund the Something I worked on for a long hope colleagues will see that we ought Justice Department, one of which is time, the USA FREEDOM Act, we in- to keep the focus on both security and the FBI.

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.027 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE June 21, 2016 CONGRESSIONAL RECORD — SENATE S4391 We did do a good job, there is no tional funds would be provided for 36 Mr. WYDEN. If my colleague will doubt about it, but we operated within new positions, 18 fully dedicated to continue to yield, just briefly, what my the budget caps. Within that, we did tracking terrorist threats, and it would colleague has stated—and I strongly the best we could, but there is no doubt certainly help to gather evidence on agree with—is that she is trying to as- that the FBI could use more resources high, high priority targets. sure that the resources are there for to be able to enhance its counterterror- Again, while we are working at more the future. ism efforts and also increase its sur- authority, please, regardless of where I am not going to drag my colleague veillance by tracking the terrorist you are on the lone-wolf debate, the into the earlier discussion, but what I threats. Mikulski amendment offers the oppor- am concerned about, and have been, is So when the opportunity arises, I tunity to add more funding. that the Senator from Arizona is reliti- will be offering an amendment that Mr. WYDEN. Will my colleague yield gating the past. In effect, when the gives more money to the FBI, that also for a question? Bush administration took away the gives more money—working with the Ms. MIKULSKI. Certainly, to the power because it was too intrusive, he Senator from Wisconsin, Ms. BALD- Senator from Oregon. wanted to go back to it. Mr. WYDEN. I appreciate my col- WIN—to deal with hate crimes, one of But apropos of my colleague, isn’t the other significant issues here. Also, league yielding, and I am a very, very that the heart of her case—that she is while we are talking about, again, the strong supporter of her amendment be- looking to the future—FBI resources, more authority issue, this amendment cause I think the idea of adding more resources to deal with hate crimes, re- resources is absolutely essential. would include a section by Senator sources to deal with prevention? It As I look at these cases—and she and LEAHY, the vice chair of the Judiciary seems to me she is trying to lay out a I have talked about this on the Select plan for the future. Committee, that would have tough Committee on Intelligence—we know penalties for those who knowingly Ms. MIKULSKI. The Senator from that the workforce is aging in the in- Oregon is absolutely correct. This transfer or receive a firearm or know telligence community. We are going to would be funding that would begin Oc- or have reasonable cause to believe it need more dollars for the personnel we tober 1. Given no cute tricks around will be used to commit a crime of ter- are going to need and certainly a lot of shutdown and slam-down politics as we rorism, violence, or drug trafficking. It resources in a variety of areas. Is that go into the fall—that we could actually will reduce the threat. my colleague’s intention, to make sure move our appropriations—this would We can debate all we want about we get the resources to, in effect, get provide money starting October 1 with more authority for the FBI. I think it out in front of these upcoming threats? is a good debate, the tension between Ms. MIKULSKI. The Senator has these additional resources to help the security and civil liberties. The distin- identified my rationale and its actual FBI be more effective than what it is, guished Presiding Officer is also a underpinnings in a most accurate and and also to help our Justice Depart- member—an active, diligent member— precise way. ment be even more effective than what of the Intelligence Committee. You see, I am from the school of it is in fighting hate crimes. These are not easy issues, but my thought—along with, I know, the rank- I will be discussing my amendment in amendment should be an easy issue. ing member of the Committee on even more detail, but I know there are My amendment would add $175 million Armed Services, also a member of the other colleagues on the floor, and I now dedicated to the FBI’s counterterror- Committee on Appropriations—that yield the floor. ism efforts that would raise funding for the defense of the Nation and the pro- The PRESIDING OFFICER. The Sen- the FBI above what the House sug- tection of its people doesn’t rely only ator from New Jersey. gested. It would strengthen the FBI’s on the Department of Defense. There UNANIMOUS CONSENT REQUEST—S. 2328 counterterrorism workforce. The FBI are also other muscular ways of pro- Mr. MENENDEZ. Mr. President, I would be able to restore—remember, tecting it, some of which are, first of have come to the floor once again, as I not add—restore more than 350 posi- all, response and surveillance and so on have time and again, with a simple tions, including 225 special agents for in existing, constitutionally allowed message. For Puerto Rico, time is of critical FBI investigations related to authorities and giving more money to the essence. For the 31⁄2 million United counterterrorism and counterintel- the FBI to operate under the law as we States citizens who live there, time is ligence. It would also give the FBI new have currently defined it. of the essence, but getting it right is tools to be able to go where these bad But you know what, we need to do also of the essence. guys have access to new technology prevention. Prevention really comes There are only 8 business days left and new ways of avoiding detection. from the kind of intervention that until Puerto Rico defaults on approxi- The number of terrorism threats dis- would occur with the State Depart- mately $2 billion in debt. Congress rupted by the FBI grew from 214 in fis- ment—again, a tool of diplomacy. And needs to act immediately to prevent cal year 2014 to 440 in fiscal year 2015. what they have is a whole effort under- this fiscal crisis from becoming a full- In one fiscal year, it actually doubled. way to deal with the recruitment and blown humanitarian catastrophe. And As the threat goes, the FBI needs in- radicalization of Islamic jihadist ter- while the House has attempted to ad- creased resources to hire and sustain rorists on the Internet. Well, we have dress this issue by passing a legislative the agents and intelligence analysts to support that. When they were going proposal called PROMESA—‘‘promesa’’ who interrupt these plots. for more money for defense, we made in Spanish means ‘‘promise’’—it lacks Again, while we are talking more au- that argument. But I am not going to the promise that really would help 31⁄2 thority—and that debate will go on—I relitigate old arguments. million U.S. citizens in Puerto Rico. am saying, if you are going to give We have before us Orlando. We have There are Members on both sides of them more authority, and whether you before us those who want to curtail the the aisle who believe the bill is fun- are giving them more authority, the terrorist threat. I want to curtail that damentally flawed. So instead of sim- FBI is stretched thin. terrorist threat. And some of the ways ply rubberstamping an inferior solu- We did the best we could under the I want to do it are, No. 1, add more tion, the Senate needs to follow the budget caps, but my amendment would money for the FBI; No. 2, join with our Founding Fathers’ intent and thor- be emergency funding. We don’t look colleague from Wisconsin, Senator oughly debate this critical issue, which for offsets in order to take from one TAMMY BALDWIN, in adding more will have such a profound impact on so important Department of Justice func- money to deal with hate crimes—hate many Americans. I would note that tion to give to the FBI or take from crimes—because often those are the calls for a thorough debate on the Sen- other Federal law enforcement to give aegis and the incubator and so on of fu- ate floor are bipartisan in nature, and to the FBI, or take from local law en- ture violence; and the other is to close I thank my colleague Senator WICKER forcement to give to the FBI. And it the loophole to keep guns out of the for joining me in a letter to the leader- would be a tremendous boost. hands of terrorists, violent criminals, ship asking for a full and open process It would also boost the FBI’s surveil- and traffickers that our distinguished to consider this bill. lance capabilities and add critical per- ranking member of the Judiciary Com- I would remind my colleagues that sonnel, including special agents. Addi- mittee mentioned. each one of us was elected to this very

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.029 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE S4392 CONGRESSIONAL RECORD — SENATE June 21, 2016 Chamber to debate and enact legisla- discretion—not the Congress’s discre- by this bill doesn’t simply oversee. It tion to improve the lives of Americans. tion, not the bankruptcy court, not the directs, and it commands. It doesn’t as- But I fear that, instead of a robust de- Legislature of Puerto Rico, not the sist; it controls. The Senate has an op- bate and thoughtful consideration of Governor of Puerto Rico—no, the portunity to change that situation. We amendments to improve this bill, those board, in its own sole discretion—29 have a chance to improve this bill and who wish to see the House bill signed times. If the board uses the superpower strike the right balance. into law as drafted are going to delay this bill allows it to have to close more Now, I would like to have the oppor- and delay and delay until the last pos- schools, shutter more hospitals, cut tunity—and I welcome others as well— sible minute. Just as they did today, senior citizens’ pensions to the bone; if to offer a number of targeted, common- they are going to prevent us from de- it decides to hold a fire sale and put sense amendments to restore a proper bating this until next week, and then Puerto Rico’s natural wonders on the balance and ensure the people of Puer- they will tell us it is too late to make auction block to the highest bidder; if to Rico have a say in their future. By any improvements to this bill. As a it puts balanced budgets ahead of the the way, since they are going to have matter of fact, every article I have health, safety, and well-being of chil- to live with the tough consequences read suggests that is exactly the tactic dren and families—similar to how the that are coming, no matter what, it is which is being pursued. control board travesty unfolded in always better when stakeholders are I come to the floor because it is not Flint, MI—without their voices rep- engaged in the process and have a say a new or novel tactic to quell dissent resented on the control board, there is about their future. This tempers the with the threat of a deadline, but just nothing—nothing—the people of Puerto powers of the control board and gives because it has been done before doesn’t Rico will be able to do. the people of Puerto Rico more of a say make it right. How can we as Senators Think about this. How many in this in who is on the board. I encourage my shirk our responsibility when the peo- legislative body would allow such a colleagues to do the same—to offer ple of Puerto Rico are at the edge of an board to take control over their State, amendments they feel will improve the abyss? They need our help, and they no matter what their economic woes? bill. I know, as all of us know, that need it today. The bill will affect a The people on the island deserve a success is never guaranteed, but at the generation of Puerto Ricans, and we transparent oversight board where very least, the people of Puerto Rico owe it to them and their brothers and their voices and concerns are heard, deserve a thorough and thoughtful de- sisters who live in our States—half a not muted, and where the deals made bate on the Senate floor. million in my State of New Jersey, 5 with creditors are in the best interests I do not take lightly, nor should my million throughout the country—to get of the people, not just hedge funds. The colleagues, a decision to infringe upon this right. fact that the Puerto Rican people will the democratic rights of the people of Let me once again remind every one have absolutely no say over who is ap- Puerto Rico. The 3.5 million American of my colleagues how deeply flawed pointed or what action they decide to citizens living in Puerto Rico, and 5 this legislation is. First, the fate of 31⁄2 take is blatant—blatant— million family members living in our million American citizens will be de- neocolonialism. States and in our districts—in New termined by 7 unelected, unaccount- Second, I have said this before and I Jersey, New York, Florida, Pennsyl- able members of a so-called oversight will say it again: Any solution needs a vania, Ohio, and Connecticut, just to board that will act as a virtual oligar- clear path to restructuring. That is the name a few—deserve more than the chy and impose their unchecked will on only reason to do this legislation any- Senate’s holding its nose to approve an the 31⁄2 million U.S. citizens on the is- how—to give Puerto Rico a clear path inferior solution. land of Puerto Rico. to restructuring in the bankruptcy So I hope the majority leader stands As the nonpartisan Congressional court under the edicts of the bank- true to his word when he said we ‘‘need Budget Office states: ruptcy law. The unelected control to open up the legislative process in a The board would have broad sovereign pow- board created in this bill will have the way that allows more amendments ers— authority to decide whether Puerto from both sides’’—well, both sides are Sovereign words have meaning— Rico’s debts are worthy of restruc- calling for amendments to this bill— turing. and allows us to call this bill up for de- to effectively overrule decisions by Puerto Let’s not fool ourselves into believ- Rico’s legislature, governor and other public bate so we can do what we were elected authorities. . . . [It] can effectively nullify ing it is a sure thing that this bill to do—fix problems and make the lives any new laws or policies— guarantees the island the ability to re- of the American people better—and do Any new law or policy— structure its debts in the first place. what the Senate, as an institution, Instead, it would take a supermajority should do, particularly as viewed by adopted by Puerto Rico that did not conform to requirements specified in this bill. of this 7-member board—a 5-to-2 vote— the Founding Fathers; that is, to take in order for any of the island’s debts to the passions of the moment, to think So the elected representatives of the be restructured. What does that mean? about it, morally and logically, and at 31⁄2 million U.S. citizens on the island It means that three people—a minority the end of the day hopefully to refine of Puerto Rico just don’t get listened of the board—could derail the island’s and make proposals much better. to. They can have their decisions over- attempts to achieve sustainable debt There is no reason that this has to ruled by a nonelected board, for which payments. Without any authority to wait until next week, on the verge of there is no guarantee there will be any restructure its debt, all this legislation the Fourth of July recess. But I will representation by those who are elect- will do is take away the democratic say this. I want to give my colleagues ed to recommend to this board anyone rights of 31⁄2 million Americans and notice now that I am not ready to rush to be placed on it. leave the future to wishful thinking to celebrate independence and create a Even the bill’s own author noted in and a prayer the crisis will somehow be situation of colonialism for 3.5 million the Interior Committee’s report: resolved. of my fellow citizens. I hope we will get The Oversight Board may impose manda- I am afraid we are opening the flood- an early opportunity to debate this tory cuts on Puerto Rico’s government and gates for Puerto Rico to become a lab- bill, offer amendments, and we will see instrumentalities— oratory for rightwing economic poli- how it falls then. Mandatory cuts— cies. Puerto Rico deserves much more Mr. President, in view of that desire, a power far beyond that exercised by the than to be the unwilling host of untest- I ask unanimous consent to lay before Control Board established for the District of ed experiments in austerity. the Senate the House message on S. Columbia. I am not advocating to completely 2328; that the motion to concur with an If the board, in its sole discretion— remove all oversight power. To the amendment be considered made and and those words have enormous mean- contrary, I support helping Puerto agreed to with no intervening action or ing. If my colleagues take the time to Rico make informed, prudent decisions debate. read the bill, as I have twice, fully, and put it on the path to economic The PRESIDING OFFICER. Is there from the beginning to the end, 29 times growth and solvency. But despite its objection? the bill says that the board, in its sole name, the oversight Board envisioned The majority whip.

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.031 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE June 21, 2016 CONGRESSIONAL RECORD — SENATE S4393 Mr. CORNYN. Mr. President, reserv- are discussing, but the urgency of the you are working overtime and you ulti- ing the right to object, I would say to time limit as it relates to the default mately should have some protections our friend from New Jersey that it is that can take place in July is not as that you should be paid overtime—if the plan, publicly announced by the pressing on that appropriations bill as those are leftwing fiscal policies, then I majority leader, to bring this legisla- it is for the people of Puerto Rico. So think most Americans believe that tion that was passed by the House to I think there can be a reasonable op- they should get a living minimum wage the floor of the Senate next week. Ob- portunity to move to PROMESA—a to be able to sustain their families, viously, we are working on the CJS ap- false promise, from my view—and a help their children be educated, take propriations bill, and our deliberation real opportunity to have a debate on it, care of their health care, and think on that has been delayed by a number and more than debate, amendments— about their retirement. of the other amendments and other amendments to make it better. So I don’t think this is about that at matters that have been voted on this So I hope that is going to happen. all. If we are going to lose a fight for week. But it has always been the inten- But I want to signal now that if we are the people of Puerto Rico, it is going to tion of the majority leader to allow jammed on Thursday and it is an up-or- be because we are going to have a fight Senators to offer amendments, unlike, down vote—take it or leave it—that I at least to have amendments and to frankly, when Democrats controlled have every intention of doing whatever consider what that future should be. this Chamber. But I do think it is I can procedurally to make sure we But we are not going to take it that it going to require some cooperation and have amendments on this. is an up-or-down vote on a House- maybe even some consent agreements As it relates to the question of bank- passed bill that has no voice of the to agree to amendments that can be re- ruptcy and bailout, we are not bailing Senate, no imprint of the Senate. That solved in time to meet the July 1 dead- anybody out here. That is why we want is not what I got elected to the Senate line. To me, one of the best arguments Puerto Rico to have access to restruc- for. in favor of this legislation is that we turing. Restructuring is a provision With that, I yield the floor. want to avoid a taxpayer bailout. We under the bankruptcy code that you The PRESIDING OFFICER. The ma- want to avoid a taxpayer bailout. This take your debts—whether you are an jority whip. legislation from the House does that. I individual, a company, or, in this case, AMENDMENT NO. 4787 understand the Senator may have some a government—and you go before the Mr. CORNYN. Mr. President, tomor- objections to it and some better ideas bankruptcy court and you say: Here row we will have a chance to begin to in his mind, but we are going to have are all of our debts, and here is our in- talk about the real cause of what hap- that opportunity next week. come. We want to be able to restruc- pened that horrible night in Orlando at If we want to see what the effect of ture this in such a way that we can be the Pulse nightclub—that is a home- leftwing fiscal policy is, what we see is solvent and at the same time be re- grown terrorist attack inspired by the the bankruptcy occurring in Puerto sponsible to those debtors. And they poisonous ideology of ISIS, the Islamic Rico now. I think they need to try will live with the dictates of the bank- State. We will have a chance to revisit something else, some fiscal responsi- ruptcy court. But this bill doesn’t even the total lack of any coherent plan bility and restraint. Frankly, I worry guarantee that the bailout my col- coming out of the White House to deal for the rest of the country that if we league is concerned about doesn’t hap- with the threat of the Islamic State don’t do something to get our own fis- pen, because it guarantees no absolute over in the Middle East and the con- cal house in order here in the United road to restructuring. sequences of failing to deal with that States Senate, the rest of the country As it relates to leftwing policies, I here at home. is going to find itself in dire straits at would just note—as someone who has The poisonous fruit of that failure some point in the not too distant fu- been an advocate and a voice for the and previous ones is already self-evi- ture. people of Puerto Rico for the 24 years I dent: the massacre of American sol- So I would say that we are going to have been in the Congress, since they diers at Fort Hood, TX, in 2009 that have a chance to have that debate and have no elected representatives here took the lives of 13 people and an un- those votes next week. This is not the who have a vote, at the end of the born child; a deadly attack on 2 mili- time to do it because we have other im- day—that there have been leaders of tary facilities in Chattanooga, TN, in portant work that is pending before the that government in Puerto Rico, many 2015 that took the lives of 5 U.S. serv- Senate. Nor are the rest of us 99 Sen- who have been Republican in nature icemembers; an attempted attack in ators going to agree to a unanimous and others who have been Democrat in Garland, TX, about a year ago that— consent request to legislation we nature. The policies that have taken but for a vigilant police officer was haven’t even read or had time to con- place and that have accrued to this mo- thwarted—could have been disastrous; sider. and then, of course, the shooting in So under those circumstances, I ment are a combination of some bad San Bernardino where 14 people were would be compelled to object. fiscal policies by leaders on both sides The PRESIDING OFFICER. Objec- of the aisle but also by policies that killed. Add to that poisonous fruit of tion is heard. treat the 3.5 million U.S. citizens in the failure to have a coherent policy to The Senator from New Jersey. Puerto Rico inferior to any one of deal with the Islamic State and its poi- Mr. MENENDEZ. Mr. President, I am them if they took a flight to any State son, the 2013 Boston Marathon bomb- disappointed but not surprised. I do in the Nation, for which they would ing, where 3 persons were killed and hope that the remarks of the Senator have full rights, obligations, and bene- many more wounded—not by a gun but from Texas that there will be time and fits. by pressure cooker bombs made by the opportunity for amendments are real, So we have been part of creating the terrorists. Most recently, the worst because every published report I have process here, and we have been part terrorist attack in our country since 9/ seen suggests this will be brought up when we took away section 936, which 11 was in Orlando, where a jihadist next Thursday on the verge of every- was an inducement to the private sec- pledged his allegiance to ISIS and then body trying to go on recess. My advo- tor to help build jobs and economic op- viciously gunned down 49 people in cacy or my unanimous consent request portunities. We just took it away. They that Orlando nightclub. wasn’t to bring a bill to the floor that had provisions to elements of the bank- It is telling that the Attorney Gen- isn’t already known. That bill has been ruptcy code. Somehow, in the middle of eral sought to withhold from the Amer- out there for some time. It is to create the night, that was taken away from ican people the 911 calls of the Orlando the process to debate and begin to them. So we have treated them like a shooter to excise out—to rewrite his- amend the bill—the bill passed by the colony, and now we are worried. tory—and to diminish the terrorist in- House of Representatives that has been As it relates to leftwing policies, let fluences that motivated him in the out there for some time now. So I me just say that, if raising incomes of first place. It is further evidence that wasn’t offering a bill of my own vision. people, if saying to people there should the Obama administration fails to see It was to create the process. be a minimum wage that can sustain what is plainly right in front of its face Of course, I respect the importance of your family and help you realize your when it comes to the threat, and it the present appropriations bill that we hopes and dreams and aspirations, if continues to refuse to deal with it in a

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.032 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE S4394 CONGRESSIONAL RECORD — SENATE June 21, 2016 way that would crush ISIS and discour- radicalized in all 50 States. I don’t see authorized to collect telephone num- age people from becoming radicalized the administration doing anything at bers and financial information. In fact, because they feel like ISIS is winning. all to effectively counter this terrorist the FBI Director said the omission of If ISIS were crushed and destroyed, propaganda popping up all over the this authority years ago, he believes, which should be our goal, I don’t be- Internet, turning some susceptible was an oversight, but it now provides a lieve we would have radicalized Ameri- Americans into cold-blooded jihadist gaping vulnerability and has blinded cans here pledging allegiance to the killers. We can fight back by equipping the FBI to information that could well leader of a crushed or destroyed Is- our law enforcement personnel with allow them to have detected the inten- lamic State. the tools they need to keep us safe. The tions earlier of jihadists like the one in So jihadi terrorism on American soil fact is, you can’t connect the dots un- Orlando. is not just some one-off, freak occur- less you can collect the dots, and that I don’t know for a fact, but I just rence. It is now an undeniable pattern. means robust intelligence consistent wonder if the FBI, back when they How many ISIS-inspired attacks do we with our Constitution, including the were vetting the Orlando shooter on need in this country before we start Fourth Amendment. two separate occasions because things talking about and taking the threat se- Too often law enforcement officials he said and did put him on the watch riously and begin targeting the evil have to operate with one hand over list, if they would have been notified ideology ISIS is selling? their eye or one hand behind their immediately when he purchased his Typically, in an investigation, law back, however you want to charac- firearms. Well, as we now know, the enforcement has to work hours on end terize it, because they can’t access key FBI investigations were inconclusive to answer the question of who did it. information in a timely manner, and and he was taken off the watch list. I But that is not the case with these ex- because of that they are not able to wonder if the FBI had access to a na- amples of Islamic extremism. We know discern the pendency of an attack or tional security letter that would allow who the enemy is. But the Obama ad- the motivations of somebody who is them to gain information about the IP ministration has failed to call it for planning an attack. If they could col- addresses he had been visiting from his what it is, and the President has failed lect the information, maybe—just Internet service provider, along with to offer any strategy to root out and maybe—they could then go to the FISA email addresses—again, not content be- exterminate it. Promises to ‘‘defeat Court and get a search warrant. cause you can’t do that without a war- and degrade’’ appear just about as hol- Maybe—just maybe—they could get a rant issued by the FISA Court and a low as the President’s threat of retalia- wiretap upon the showing of probable showing of probable cause—and what tory action if redlines were crossed cause in court. Those, of course, are he might have been viewing, such as with the use of chemical weapons in consistent with the Fourth Amend- YouTube videos of Anwar al-Awlaki, Syria. When that happened, there were ment protections against unreasonable who was responsible for radicalizing no consequences. searches and seizures, and the burden MAJ Nidal Hasan at Fort Hood and So the result is that ISIS isn’t con- should be on law enforcement to others, and the information was suffi- tained, and it is surely not retreating. produce probable cause evidence in cient enough that the President of the Don’t take my word for it. The Direc- order to justify collection of the con- United States authorized the use of a tor of the Central Intelligence Agency tent of those communications. drone in order to kill him on the bat- just last week suggested that ISIS We saw the consequences of our fly- tlefield so he could not kill other inno- would continue to ‘‘intensify its global ing blind in Garland, TX, just last cent Americans—well, you get my terror campaign.’’ They are not giving year. On the morning of the attempted point. We need to make sure the FBI up, and they are not going away. They terrorist attack, the two men who has access to all the information they are doubling down. Like the terrorist came from Phoenix dressed in body can legally get their hands on, and a in Orlando, ISIS is actively using every armor with semiautomatic weapons good place to start is voting on the tool at its disposal to recruit, train, sent more than 100 messages overseas McCain-Burr amendment tomorrow so and radicalize individuals here in to suspected terrorists, and vice versa, the FBI can obtain information about America and in other parts of the but, unfortunately, FBI Director what they are doing on the Internet world. Comey—at least the last time he testi- and who they are communicating with, This terrorist army figured out a fied before the Senate Judiciary Com- and if it is justified, to be able to then long time ago that it could accomplish mittee—said the FBI still doesn’t have go to court and demonstrate probable its objectives of inflicting death and access to that information because of cause sufficient to actually then look destruction on innocent Americans encryption. This means our law en- at content in order to prevent terrorist without even having to send its forcement authorities could be missing attacks. operatives from the Middle East into critical information that could uncover I want to be clear about one thing. the United States. All it had to do was future terrorist attacks or identify the The FBI already has the power to re- to export, not its soldiers, but its ide- network of terrorists here so we can view financial records like Western ology and poisonous ideas to the stop them before they kill again. Union transfers and the FBI already United States via the Internet with the The Garland case isn’t unique. The has the power to review telephone propaganda that it uses to, again, poi- FBI is regularly slowed down by out- records. They can access telephone son susceptible minds, those who are dated policies that make their job of numbers, not the content of the con- sympathetic to the cause and willing protecting the homeland much more versation, again, unless there is further to swear allegiance to it and carry out difficult—more difficult than it needs authority issued by a court of law, but the horrific acts like we saw in Or- to be. We saw that in San Bernardino because of an inadvertent omission in lando. too. We have to address this gaping the law, the FBI can’t readily access Over the weekend, the House Home- hole in our legal authorities and do all the exact kind of information ISIS is land Security Committee chairman we can to give the FBI and our other using to recruit and radicalize violent noted that ISIS and its supporters are law enforcement officials the tools extremists lurking in our midst. posting an estimated 200,000 tweets a they need, and a good place to start We have seen how difficult it is to day—200,000 separate messages a day would be tomorrow morning by allow- identify these people before they kill. on Twitter. How long will it take be- ing the FBI to use national security Why in the world wouldn’t we want to fore the administration recognizes that letters to obtain key information make sure we provide all the informa- this propaganda poses a growing na- about what suspected terrorists are tion under our constitutional laws that tional security problem? Once they ac- doing on the Internet and whom they could be available to law enforcement knowledge it, how much longer will it are communicating with online in to identify these people before they take them before they do something counterterrorism investigations. This kill? about it? is not for content, as the Presiding Of- I introduced a similar proposal to the In fact, we heard from FBI Director ficer knows. This is information about McCain-Burr amendment a few weeks Comey that there are open investiga- Internet and email addresses, much as ago in the Judiciary Committee that tions on individuals suspected of being national security letters are currently would address this and provide access

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.034 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE June 21, 2016 CONGRESSIONAL RECORD — SENATE S4395 to this counterterrorism information. I MIKULSKI, BALDWIN, NELSON, and I have port funding for the civil rights divi- am glad our colleagues, the senior Sen- filed—and those are among the actions sion to help protect the LGBT commu- ators from Arizona and North Carolina, that Congress could take to protect nity, the Muslim American commu- have now offered this amendment to this country. nity, and the African-American com- the underlying legislation. Instead Republicans are proposing to munity from hate crimes and discrimi- As the Presiding Officer knows, this reduce independent oversight of FBI nation. And they should support my provision, or one very similar to it, was surveillance of Americans’ Internet ac- proposal to make it harder for terror- contained in the Intelligence reauthor- tivities and make permanent a law ists and criminals to evade background ization bill that had the bipartisan sup- that, as of last year, had never been checks by turning to firearms traf- port of everybody on the Intelligence used. And I should note that this is the fickers and straw purchasers. This is a Committee, save one. same law that the Republican leader- provision that I have developed with This is long overdue. It is bipartisan, ship in the Senate allowed to expire Senator COLLINS and that has been and I think our failure to act to grant just last year. strongly supported by law enforce- this authority, particularly in the In case there is any confusion, I will ment. wake of this terrible tragedy in Or- state it clearly: The McCain amend- As we saw in San Bernardino, terror- lando, would be inexcusable. This is ment would not have prevented the Or- ists can acquire assault rifles by sim- something the FBI Director, appointed lando attack. ply using a friend to purchase the guns by President Obama, has said he needs. The amendment would eliminate the for them; yet prosecuting such individ- He said this is their No. 1 legislative requirement for a court order when the uals for firearms trafficking has proven priority. President Obama’s adminis- FBI wants to obtain detailed informa- to be an extremely difficult task. My tration—beyond just the FBI Direc- tion about Americans’ Internet activi- proposal will fix these laws. It will pro- tor—supports it. What is stopping us ties in national security investiga- vide law enforcement the tools it needs from providing this authority? tions. This could cover Web sites Amer- to deter and prosecute those who traf- The truth is, these threats are at our icans have visited; extensive informa- fic in firearms, and it will help to close doorstep. ISIS is using every tool it has tion on who Americans communicate another glaring loophole in our gun to spread fear and chaos, and we owe it with through email, chat, and text laws that allows terrorists and crimi- to those on the frontlines of our coun- messages; and where and when Ameri- nals to easily acquire powerful fire- terterrorism efforts to get them what cans log onto the Internet and into so- arms. they need in order to more effectively cial media accounts. Over time, this in- I urge Senators to oppose the McCain counter these terrorists’ efforts. It is formation would provide highly reveal- amendment and to support these meas- our duty to do something about it. Un- ing details about Americans’ personal ures that will actually help keep our like some of the provisions we voted on lives. The government should not be country safe. last night that would do nothing to able to obtain this information when- There being no objection, the mate- stop people like the Orlando shooter, ever it wants by simply issuing a sub- rial was ordered to be printed in the this could actually stop them. poena. RECORD, as follows: I am all ears if there are other ideas Senator CORNYN and others have ar- JUNE 6, 2016. when it comes to advancing common- gued forcefully that we cannot prevent DEAR SENATOR: The undersigned civil soci- sense proposals to fight terrorism at people on the terrorist watch list from ety organizations, companies, and trade as- home and make our communities safer, obtaining firearms without due process sociations strongly oppose an expansion of but this is a good place to start. I hope and judicial review. They say we need the National Security Letter (NSL) statute, going forward we can do a better job of an independent decisionmaker; yet at such as the one that was reportedly included in the Senate’s Intelligence Authorization providing the FBI and law enforcement the same time, they are proposing to Act for Fiscal Year 2017 and the one filed by officials the resources they need to remove judicial approval when the FBI Senator CORNYN as an amendment to the keep us safe. This is within our grasp, wants to find out what Web sites Amer- ECPA reform bill. We would oppose any and all we need to do is to take advan- icans are visiting. The FBI already has version of these bills that included such a tage of this opportunity and have a authority to obtain this information— propsal expanding the government’s ability strong bipartisan vote to adopt the if it obtains a court order under section to access private data without a court order. McCain-Burr amendment tomorrow 215 of the USA PATRIOT Act. In an This expansion of the NSL statute has been characterized by some government offi- morning. emergency where there is not time to cials as merely fixing a ‘‘typo’’ in the law. In I yield the floor. go to court, the USA FREEDOM Act reality, however, it would dramatically ex- Mr. LEAHY. Mr. President, after vot- allows the FBI to obtain this informa- pand the ability of the FBI to get sensitive ing down sensible gun measures earlier tion before getting judicial approval, information about users’ online activities this week, Republicans want to change so this amendment is unnecessary. without court oversight. The provision the subject. They want to resort to This amendment is opposed by major would expand the categories of records, scare tactics to divert the attention of technology companies and privacy known as Electronic Communication Trans- the American people. Now, they are of- groups across the political spectrum, actional Records (ECTRs), that the FBI can fering an overbroad proposal that they from FreedomWorks to Google to the obtain using administrative subpoenas called argue is needed to keep this country NSLs, which do not require probable cause. ACLU. I ask unanimous consent that a Under these proposals, ECTRs would include safe. letter from nearly 40 organizations and a host of online information, such as IP ad- Let’s be clear about what we need to companies opposing this proposal be dresses, routing and transmission informa- stay safe. We need universal back- printed in the RECORD at the conclu- tion, session data, and more. ground checks for firearms purchases. sion of my remarks. The new categories of information that We need to give the FBI the authority The Judiciary Committee also should could be collected using an NSL—and thus to deny guns to individuals suspected study this proposal before it proceeds. without any oversight from a judge—would of terrorism. Senate Republicans re- The Judiciary Committee has not held paint an incredibly intimate picture of an in- jected those sensible measures last dividual’s life. For example, ECTRs could in- a hearing to examine whether this ex- clude a person’s browsing history, email night, but we still have the chance to pansion of the NSL statute is nec- metadata, location information, and the give law enforcement real tools to fight essary or how it would affect Ameri- exact date and time a person signs in or out terrorism and violent crime. We should cans’ privacy and civil liberties. of a particular online account. This informa- strengthen our laws to make it easier Rather than trying to distract us tion could reveal details about a person’s po- to prosecute firearms traffickers and from their opposition to commonsense litical affiliation, medical conditions, reli- straw purchasers who put guns in the gun measures, Republicans should sup- gion, substance abuse history, sexual ori- hands of terrorists and criminals. And port actions that will actually help entation, and, in spite of the exclusion of cell we need to fund the FBI and the Jus- protect us, like those in the amend- tower information in the Cornyn amend- ment, even his or her movements throughout tice Department so they have the re- ment filed by Senator MIKULSKI, Sen- the day. sources they need to combat acts of ator BALDWIN, Senator NELSON, and The civil liberties and human rights con- terrorism and hate. Those are the ele- myself. They should support emer- cerns associated with such an expansion are ments of the amendment that Senators gency FBI funding. They should sup- compounded by the government’s history of

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.035 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE S4396 CONGRESSIONAL RECORD — SENATE June 21, 2016 abusing NSL authorities. In the past ten Americans from committing and en- To my colleagues who have reserva- years, the FBI has issued over 300,000 NSLs, couraging acts of terror. tions about this legislation, let me cite a vast majority of which included gag orders The Orlando shooter apparently sub- the Heller decision. In June 2008 the that prevented companies from disclosing scribed to an extreme system of beliefs Supreme Court decided the case of Dis- that they received a request for information. An audit by the Office of the Inspector Gen- that led him to carry out this heinous trict of Columbia v. Heller. The Court eral (IG) at the Department of Justice in 2007 attack. No religion condones or encour- held that the Second Amendment pro- found that the FBI illegally used NSLs to ages such violence and killing. We tects an individual’s right to bear arms collect information that was not permitted must reject any ideology that leaves rather than a collective right to pos- by the NSL statutes. In addition, the IG room for discrimination and dehuman- sess a firearm. The Court also held that found that data collected pursuant to NSLs ization to a point where someone can the Second Amendment right is not un- was stored indefinitely, used to gain access commit these types of acts. No one limited, and it is not a right to keep to private information in cases that were not should ever fear for their life simply and carry any weapon whatsoever in relevant to an FBI investigation, and that NSLs were used to conduct bulk collection of for being themselves or expressing who any manner and for any purpose. tens of thousands of records at a time. they are as an individual. America’s Justice Scalia wrote for the Court in Given the sensitive nature of the informa- values of tolerance, compassion, free- that case: tion that could be swept up under the pro- dom, and love for thy neighbor must Nothing in our opinion should be taken to posed expansion, and the documented past win out over hate, intolerance, cast doubt on the longstanding prohibitions abuses of the underlying NSL statute, we homophobia, and xenophobia. on the possession of firearms by felons and urge the Senate to remove this provision The time for talk is over. We, as a the mentally ill, or laws forbidding the car- from the Intelligence Authorization bill and nation, as a community, and as an rying of firearms in sensitive places such as oppose efforts to include such language in American family, must take actions to schools and government buildings, or laws the ECPA reform bill, which has never in- change minds, hearts, and, finally, imposing conditions and qualifications on cluded the proposed NSL expansion. the commercial sale of firearms. Sincerely, change policies. The attack in Orlando Access Now, Advocacy for Principled Ac- was a terror attack and a hate crime. That was Justice Scalia for the tion in Government, American Association We can stop others and save lives by Court. of Law Libraries, American Civil Liberties taking immediate action. Justice Scalia recognized Congress’s Union, American Library Association, Amer- I was disappointed we missed oppor- right to make sure those who are not ican-Arab Anti-Discrimination Committee, tunities to do that yesterday with sen- qualified to own a firearm do not get Amnesty International USA, Association of sible gun safety amendments. I cospon- that firearm. We have an obligation to Research Libraries, Brennan Center for Jus- sored the Murphy amendment, which make sure that background checks are tice, Center for Democracy & Technology, effective so as to keep out of the hands Center for Financial Privacy and Human would have created a system of uni- Rights, CompTIA, Computer & Communica- versal background checks for individ- of criminals and those who have seri- tions Industry Association, Constitutional uals trying to buy a gun. The amend- ous mental illness the opportunity to Alliance, Demand Progress, Electronic Fron- ment would have ensured that all indi- easily be able to obtain a firearm. tier Foundation, Engine. viduals who should be prohibited from The legislation pending before us in Facebook, Fight for the Future, Four- buying a firearm are listed in the Na- the Senate is fully consistent with the square, Free Press Action Fund, tional Instant Criminal Background Heller decision. That amendment FreedomWorks, Google, Government Ac- Check System and would require a would have been fully consistent with countability Project, Human Rights Watch, the Heller decision and Justice Scalia’s Institute for Policy Innovation, Internet In- background check for every firearm frastructure Coalition/I2Coalition, National sale. We know there are loopholes opinion. Association of Criminal Defense Lawyers, today. Why do we allow those loopholes I know we can protect innocent New America’s Open Technology Institute, to continue? It should not matter Americans while still protecting the OpenTheGovernment.org, R Street, Reform whether you buy a gun at a local gun constitutional rights of legitimate Government Surveillance, Restore the store or at a gun show or on the Inter- hunters and existing gun owners. We Fourth, Tech Freedom, The Constitution net, you should have to pass a back- should take that action on behalf of Project, World Privacy Forum, Yahoo. ground check so we can make sure the American people. The PRESIDING OFFICER. The Sen- guns are kept out of the hands of peo- There was a second amendment I co- ator from Maryland. ple who should never have one. This sponsored that unfortunately was re- MASS SHOOTING IN ORLANDO amendment would have helped keep jected yesterday—the Feinstein Mr. CARDIN. Mr. President, I take guns out of the hands of convicted fel- amendment—that would close the ter- this time to continue the discussion as ons, domestic abusers, and the seri- ror gap. If you are not safe enough to to the tragedy that occurred on June 12 ously mentally ill, who have no busi- fly on an airplane, you shouldn’t be in Orlando, FL. The shooting occurred ness buying a gun. able to buy a gun. The Feinstein at a popular LGBT club, Pulse. The Studies have shown that nearly half amendment would give the Attorney club owner, Barbara Poma, lost her of all current gun sales are made by General the authority to block the sale brother to the AIDS epidemic. The club private sellers who are exempt from of guns to known or suspected terror- was named to remember a pulse that conducting background checks. ists if the Attorney General has reason faded from this world far too early. It makes no sense that felons, fugi- to believe the weapons would be used in Pulse was not just a place to socialize, tives, and others who are legally pro- connection with terrorism. The amend- it was a refuge and a place of accept- hibited from having a gun can easily ment would have ensured that anyone ance and solidarity where members of use a loophole to buy a gun. who had been subject to a Federal ter- the Orlando LGBT community could be Once again, the use of a universal rorism investigation in the past 5 years themselves without judgment. background check will have no impact would have been automatically flagged The fact that an attacker would tar- on the legitimate needs of people who with the existing background check get this venue, especially during Gay are entitled to have a weapon, but uni- system for further review by the De- Pride Month, is a horrific tragedy and versal background checks could and partment of Justice. a senseless loss of human life. My deep- would help us keep our communities Note that under this amendment, est sympathies are with those killed safe by helping us keep weapons out of being included on a terrorist watch list and injured in this terrorist attack, the hands of criminals and those who is not by itself a sufficient justification along with their families and loved have serious mental illness and domes- to deny a person the right to buy a ones. My thanks go out to the first re- tic abusers. We need to stop their abil- firearm. The Attorney General may sponders who saved lives in the midst ity to easily be able to obtain a weap- deny that weapon transfer only if she of such danger. on. determines that the purchaser rep- This attack, and others like it in re- Universal background checks are resents a threat to public safety based cent years, tears at our hearts and strongly supported by the American on a reasonable suspicion that the pur- leaves us angry, frustrated, and con- people. Most background checks can be chaser is engaged or has engaged in fused. We, as a nation, must resolve to completed very quickly and do not in- conduct related to terrorism. So there stop those who wish to do harm to convenience a purchaser at all. is a standard there.

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JN6.002 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE June 21, 2016 CONGRESSIONAL RECORD — SENATE S4397 A recent GAO report concluded that dangerous work to produce the coal and surviving spouses. More than 27,000 approximately 90 percent of individuals that has powered our Nation and of those—nearly one-third—live in my who were known or suspected terror- spurred economic growth for years. home State of West Virginia. The Min- ists were able to pass background gun Over the course of seven decades, ers Protection Act uses unobligated checks. This amendment would have Congress has kept their promise. In funds authorized by the 2006 AML reau- closed this loophole and would have re- 1992, a bipartisan effort in Congress led thorization bill to support existing duced the risk of a terrorist being able by my predecessor, Senator Rocke- mine-working health and pension pro- to legally acquire a firearm. feller, resulted in the passage of the grams. Under current law, individuals who Coal Act to address the health care Let’s be clear. Mining retirees do not are known or suspected terrorists and needs of orphaned coal miners. Those receive lavish benefits. The average do not fall into one of the nine prohib- are miners whose companies are no pension payment is only $560 per ited purchaser categories can legally longer in existence. month. But these funds are vital to our purchase a weapon. While the FBI is In 2006, I voted for legislation that retirees who live on very small fixed notified when individuals on the ter- built upon the Coal Act and continued incomes. They are a key part of a local rorist watch list apply for a back- the bipartisan congressional tradition, economy in West Virginia and other ground check through the National In- fulfilling our promise to coal miners States where these retirees live. stant Criminal Background Check Sys- and their families and retirees and pro- If we fail to act, the pension plan will tem, it does not have the authority to tecting their promised health care ben- become insolvent, imposing projected block the sale. efits. liabilities of over $4 billion on the The Feinstein amendment contains In 2012, the bankruptcy of Patriot PBGC, known as the Pension Benefit remedial procedures so that individuals Coal placed the health care of more Guaranty Corporation. If we pass the get the reason for denial, the right to than 12,000 retirees and dependents at Miners Protection Act, the pension correct the record, and the right to risk. A temporary solution, which has plan will remain in good standing, ben- bring action to challenge the denial. In been going on for a couple of years, has efiting taxpayers, beneficiaries, and other words, there is due process in the preserved health care for these individ- coal communities. Feinstein amendment. uals, but that short-term solution is In May, the trustees of the UMWA So I was disappointed that the two nearing an end. Health and Retirement Funds an- amendment chances we had yesterday Additional coal industry bank- nounced that contributions to the pen- were not approved by the Senate. I ruptcies—and I feel like we hear about sion fund have dropped by nearly two- think both would have helped in mak- one a week, and they are major—have thirds from last year’s level. This just ing our communities safer. threatened health care benefits for shows you how devastated our coal Congress has an obligation to act. As more families. communities are. I have indicated before, we need to act. If we don’t act now, health care for The continued regulatory assault on Inaction is not an option. The Presi- more than 21,000 miners and families the coal industry has hastened this de- dent of the United States has already will be lost by the end of this year— cline and threatened the retirement se- acted to the extent he is permitted just 6 months from now. curity of our miners. In 2001, the EPA using his Executive authority. Many of West Virginians really know what finalized the mercury and air toxins our States have acted as well, includ- mining has meant to our State and to rule for coal plants. Since that time, ing my own State of Maryland, but we our Nation, and our miners have de- our Nation has lost more than 40,000 need a national law that applies to all pended on these benefits. Every day I coal jobs, and 1,000 of those workers are 50 States to stop criminals, terrorists, am reminded of this. West Virginians. Our State’s unem- domestic abusers, and others who Char from Bob White, WV—and Bob ployment is among the highest in the should not get their hands on a gun White is the name of the little town he country for this very reason. The im- from simply driving to a nearby State lives in—recently wrote to me: pact of other EPA proposals, like the with less restrictive gun laws and being We are desperate. Our benefits are about to Clean Power Plan, which has been able to legally acquire a weapon. lapse unless we get this legislation passed. It stayed by the Supreme Court, and the I encourage my colleagues to con- cannot be ignored again. Many retired min- stream protection rule that is cur- tinue to work on compromise legisla- ers cannot afford to pay for their medica- rently being finalized, would make the tion on the issue of universal back- tions if we lose our health care. situation even worse in our coal com- ground checks and terror watch lists. Kenneth, who lives in Mullens, WV, munities. Congress should also act to ban as- said: As I have said many times before, the sault-type weapons, which have no le- It seems more and more that the attack on negative regulatory impact on coal ex- gitimate civilian use, and we should coal is no longer an industry attack but one tends far beyond the tens of thousands ban the sale of high-capacity maga- that is personal on individuals. of families who are most directly af- zines which only increase the level of He went on to ask this question: fected. A loss of coal severance tax rev- carnage in a mass shooting. ‘‘What about folks like me that worked enue has triggered drastic budget prob- The time for action is now. We can- hard their entire life?’’ lems for our State, which we just got a not wait. Recognizing the significance of this 1-year solution for, and a lot of our Mr. President, with that, I yield the problem, I joined with Congressman local governments are having to lay off floor. DAVID MCKINLEY to introduce legisla- county workers and school workers and The PRESIDING OFFICER. The Sen- tion in 2013 that addressed both the re- schoolteachers. ator from West Virginia. tiree health care and the looming in- The severe impact on the health care MINERS PROTECTION ACT solvency of the mine workers’ multi- pensions of our miners is another con- Mrs. CAPITO. Mr. President, I rise employer pension bill. sequence of the administration’s War today to express the urgent need to Last year, Senator MANCHIN and I in- on Coal. take up and pass a piece of legislation troduced the Miners Protection Act, a Given that Federal policies have which has great meaning for me and very similar bill. This bill demands im- played a major role in causing this my fellow West Virginians and which is mediate action. We need to follow problem, it is appropriate for the Fed- important to our Nation’s coal-mining through with our commitment to all eral Government to fulfill its commit- community, and that is the Miners the hard-working West Virginians and ment to retiring miners who will lose Protection Act. other coal miners across this country. their promised benefits unless we act. Seventy years ago, in 1946, President In addition to addressing the health The Miners Protection Act is criti- Harry Truman secured an agreement care needs of retirees through the same cally important to so many people in committing the Federal Government to mechanisms supported by Congress in my State and across this country. We protect lifetime health and pension 1993 and 2006, the Miners Protection need to keep the promise of lifetime benefits for our Nation’s miners. These Act will ensure the solvency of the health care for those retired coal min- men and women earned this care multiemployer pension plan that pro- ers whose companies have gone through their tireless and often very vides benefits to almost 90,000 retirees through bankruptcy, and we need to

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.038 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE S4398 CONGRESSIONAL RECORD — SENATE June 21, 2016 make sure our retirees receive the pen- away from black lung disease or other automatic weapons. Breaking news on sion benefits they have worked so hard causes. These are widows who don’t CNN or FOX, or whatever we were for. have much to begin with. These are sti- watching, showed us the scenes of body The Miners Protection Act is a truly pends that assist with their medical parts, pools of blood in the streets, am- bipartisan effort. It is supported by and health care. bulances, with sirens screaming, rush- Democrats and Republicans and Inde- This is something that should have ing to the nearest hospital or aid sta- pendents in the Senate. There are 72 been done a long time ago, but we are tion with mutilated and badly injured cosponsors on the House bill, including taking it right down to the end of the victims of these attacks. Lately, 39 Republicans and 33 Democrats. wire. That is what we are concerned though, the weapons of choice seem to West Virginians understand that this about. be increasingly the knife. Apparently, need not be a political football. As We have asked everybody to look at in some ways, the Palestinians think Thomas from Shady Spring, WV, put the bill. We have found pay-fors. the direct face-to-face bloody slaughter it, ‘‘This issue is not partisan; this is Here is a really good pay-for. The of a teenager or a grandmother by a an easy fix to funding promised pen- 1974 fund was solid until the collapse of knife-wielding thug makes it even sions.’’ 2008. The collapse didn’t happen be- more personal and horrifying. Ameri- It is important this bill be enacted cause the MWA did something wrong cans may know, through recent media this year before the temporary solution with the miners’ pensions. It happened reports, about this wave of violence in- expires and ends the health care bene- because of Wall Street. Guess what. We jecting new poison into the region, but fits for so many retirees and before the have a $5 billion fine on Goldman I think what most don’t know is that continued downturn takes an even Sachs. We said: Let’s take $3.5 billion greater toll on the pension fund. of it. That is what caused the problem; American taxpayers are supporting I will continue to work with my col- that is a pay-for. We are also using this with their tax dollars. Let me re- leagues in the West Virginia delega- abandoned mine land money excess— peat that. tion, including Senator MANCHIN, Con- not any of the mitigation we are re- While we may be aware of some of gressman MCKINLEY, Congressman sponsible for. what is going on in Israel through this MOONEY, and Congressman JENKINS, Senator CAPITO has laid this out to knife intifada, through the continued and all of the other cosponsors of this the point, and we have worked to- horrors and the murders that are tak- legislation, to see it become law before gether. Both of our staffs have worked ing place, what Americans don’t seem it is too late. closely together on this. This is the to know—in fact, what many of us have Thank you, Mr. President. way things should have been done. now learned—is that their tax dollars I yield the floor. We hope that all of our colleagues on I suggest the absence of a quorum. are supporting this effort. Since 1998, The PRESIDING OFFICER. The both sides of the aisle will encourage the Palestinian Authority has been en- clerk will call the roll. the leadership to take a position on couraging such attacks by honoring The bill clerk proceeded to call the this and put it up for a vote. We think and supporting Palestinian terrorists roll. it will pass. We know that it will pass serving criminal sentences in Israeli Mr. MANCHIN. Mr. President, I ask if it gets its day in court. This is the prisons and rewarding the families of unanimous consent that the order for body that will make it happen. I think those who were martyred by their own the quorum call be rescinded. on the House side they will do the same violent acts. The PRESIDING OFFICER. Without thing. objection, it is so ordered. With that, I thank Senator CAPITO Since then, the system of payments Mr. MANCHIN. Mr. President, first of again for the hard work she has done. has been formalized and expanded by all, I thank my colleague, Senator CAP- It is a pleasure working with her, and President Abbas in Presidential direc- ITO. We come from the same State, and we will show that bipartisanship is tives. Palestinian terrorist prisoners we have known each other for a long alive and well in West Virginia and are regarded by the Palestinian Au- time, and we basically represent the should be alive and well in the United thority as patriotic martyrs, fighters, same people, who have given so much States of America. heroes, and actually as employees of to this country. I want to thank her. I suggest the absence of a quorum. the Government of the Palestinian Au- This is truly bipartisan, and that is The PRESIDING OFFICER (Ms. thority. While in prison for their how it should be in this body. When AYOTTE). The clerk will call the roll. crimes, they and their families are paid you have something causing the people The bill clerk proceeded to call the premium salaries and given extra bene- in your State and in the country to be roll. fits as rewards for their service—their hurting, you don’t worry about the pol- Mr. COATS. Madam President, I ask service being a criminal act, an as- itics. Democrat or Republican, you unanimous consent that the order for sault, and even a murder. It is inter- reach across the aisle and do the right the quorum call be rescinded. esting that they use that word. Under thing. The PRESIDING OFFICER. Without release from custody, the terrorists I thank her so much. Everything she objection, it is so ordered. then become civil service employees. said is absolutely correct. This thing ENDING U.S. AID FOR PALESTINIAN ACTS OF Shockingly, monthly salaries for both goes clear back to 1946 under President TERRORISM incarcerated and released prisoners are Harry Truman. At that point in time, Mr. COATS. Madam President, ter- on a sliding scale, depending on the se- John L. Lewis basically was going on rorist violence against civilians in verity of the crime and the length of strike for the MWA. Every miner back Israel has been accelerating in recent the prison sentence. Thus, the more in the 1940s belonged to the United years amounting to what is now called heinous the crime, carrying a longer Mine Workers. This Miners Protection the silent intifada, the term meaning sentence, enables the criminal or his Act basically fulfills the promise that ‘‘violent uprising.’’ Perhaps it is called family to receive a much higher pre- silent because we are not paying a President of the United States made mium salary. For example, a prisoner enough attention to the atrocities that by Executive order. And what we have with a 5-year sentence or his family re- are currently taking place in Israel. asked for now is to fix this. ceives about $500 a month; whereas, a We have a pathway forward. Demo- The first intifada lasted from Decem- more serious criminal serving a 25-year crats and Republicans on both sides of ber 1987 to 1993, the second, from 2000 to sentence will receive $2,500 a month— the aisle, as Senator CAPITO has said, 2005. This third uprising, the so-called six times the average income of the av- have stepped forward, and I am so ap- silent intifada, began in Jerusalem in erage Palestinian worker. Where else preciative of that. If we don’t do some- 2014. Last year, the latest intifada was in the world does a prisoner receive thing quickly—by the end of this characterized with a new name, ‘‘knife such benefits that actually increase year—they will lose their health care, intifada.’’ Earlier, we witnessed media with the severity and violence of the and in another year or two they are accounts of Palestinian terrorists crime? going to lose their pensions. slaughtering Israelis and others, in- We are mostly talking about widows. cluding American citizens, by blowing In May 2014, Palestinian President Most of their husbands have passed up restaurants or schoolbuses or using Mahmoud Abbas issued a Presidential

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.039 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE June 21, 2016 CONGRESSIONAL RECORD — SENATE S4399 decree that moved this payment sys- then shifted over to another function ican taxpayers and is given as assist- tem from the PA, Palestinian Author- under the PA called the PLO that is ance to the Palestinian Authority, ity, to the PLO, the Palestine Libera- then now distributing the money to the which is then shell moved over to the tion Organization. The openly ac- families. PLO and then provided as a reward for knowledged reason for this shift was to It appears some pro-Israel organiza- killing an American soldier. sidestep the increasingly critical scru- tions may be hesitant to bring more I, for one—and I am sure I am speak- tiny of this payment system by foreign pressure on the financially weak, de- ing for the American taxpayer—am not governments—including the United pendent PA, believing it would deprive interested in paying for a martyr’s fu- States—which are contributing much Abbas of what little remains of his au- neral or his so-called wedding. I am of the money that is keeping the Pales- thority and status as a negotiating also not interested in paying for what tinian Authority afloat. partner, thus making a negotiated set- amounts to civil servant salaries for In 2014, I, along with Senators GRA- tlement with Israel less likely. It also the two terrorists who shot four HAM and KIRK, cosponsored an amend- appears that some Israeli officials have Israelis to death this past June in Tel ment to the fiscal year 2015 appropria- been reluctant to support the cutoff of Aviv or the two Palestinian boys who tions bill providing for the reduction of aid to the PA, presumably to preserve attacked customers in a supermarket budgetary support for the PA by an the PA’s stability as a West Bank secu- in February or the 16-year-old terrorist amount the Secretary of State deter- rity provider. who stabbed an Israeli mother of six to mines is equivalent to the amount ex- Our administration—the U.S. admin- death in her own kitchen last January. pended by the PA as payments for acts istration—is similarly not eager to en- I could go on and on about these of terrorism by individuals who are im- force this issue. The Department of atrocities and murders, and to think prisoned after being fairly tried and State’s Bureau of Counterterrorism that American taxpayer dollars are convicted for acts of terrorism and by said in a report last month that this paying the families and criminals of individuals who died committing acts payment system was ‘‘an effort to re- those who committed the crimes, with of terrorism during the previous cal- integrate released prisoners into soci- our tax dollars. endar year. That is something Senator ety and prevent recruitment by hostile As I said earlier, we need an imme- KIRK, Senator GRAHAM, and I worked political factions.’’ There is nothing in diate response to this outrage, and I on to try to address this issue. Subse- the PA Presidential directives estab- am ready to lead the effort. First, I in- quent annual appropriations legisla- lishing this system that justifies such tend to work with my colleagues, par- tion continues now to include this pro- an absurdly positive view of its pur- ticularly Senator GRAHAM and Senator vision. Once that prohibition was en- poses. The U.S. Government should not KIRK, who are on the relevant commit- acted and became law, PA President see this payment program in such a tees and had joined me years ago to try Abbas formally ended the program and positive light at all, nor does the Pales- to put a stop to this. I want to work transferred that support function to tinian Authority deserve immunity be- with them to end American financial the PLO, by transferring to the PLO cause of its fragility. These payments support for incarcerated terrorists or the exact amount that had been budg- provide rewards and motivations for the families of these so-called martyrs eted by the Palestinian Authority ac- brutal terrorists, plain and simple. To who have earned that status by the counts for this prisoner support pur- provide U.S. taxpayer money to Abbas brutal slaying of Jewish citizens, in- pose; in other words, nothing but a and his government so they can treat cluding some Americans. We will iden- shell game. Oh, we are getting a lot of terrorists as heroes or glorious martyrs tify the amount of money that flows criticism about providing support to is morally unacceptable. To tolerate from the PA to the PLO for this pur- these so-called martyrs, these crimi- such an outrage because of concern for pose and cut U.S. assistance by at least nals who have been convicted in Israeli Abbas’s political future or preserving that amount. If that partial cutoff of courts. We are getting criticized for the PA’s security role for Israel U.S. aid is not sufficient to motivate doing that—actually, people are telling amounts to self-imposed extortion. If the PA to end this immoral system of us it is an incentive to do this. The the PA’s fragile financial condition re- payments to terrorists, I propose a sickness of this is that families benefit quires U.S. assistance, then it is their complete suspension of any financial by having one member of their family policy—not ours—that must change. assistance to the Palestinian Author- actually go out and commit a crime, Let me be more specific as to why we ity until their policy has changed. including a murder, getting sentenced need to take immediate action to stop I am aware that suspending assist- to prison for a number of years, and the use of U.S. taxpayer dollars to re- ance to the Palestinians will have then the family or the criminal is ward the PLO for its barbaric acts. other consequences that we and Israel being rewarded for that very act. Since 2014, there have been at least 45 will have to address, but I believe the So when criticism came and the lan- terrorist attacks in Israel killing 585 pressure that we and other like-minded guage we passed in the Congress which people, including Americans. Just this governments could and should apply in enforced this came, Abbas simply past March, Taylor Force, a U.S. Army this manner will bring President Abbas pulled out a shell game and said: I will veteran of Iraq and Afghanistan, was and other Palestinian officials to their just shift the money and the authority stabbed to death by a Palestinian ter- senses. Whether or not this will occur, over here, designating that the cutoff rorist in Jaffa. Taylor was a graduate the moral imperative is clear: Pay- of aid by the United States and other of the U.S. military academy, and as a ments that reward and encourage ter- countries now was going to a different former U.S. military officer, he was rorism must stop. We have a moral ob- authority. Now, the relationship be- buried with full honors. His attacker ligation to do all that we can, as soon tween the two organizations, while was killed by the Israeli police. This as we can, to stop financing the murder complex, is also very intertwined. terrorist then received the honors of of innocent Israelis and Israel’s friends While the PLO claims it is an inde- his own community and a burial cere- and supporters. pendent body, the PA receives its legit- mony that glorified him as a martyr, With that, I yield the floor. imacy and mandate from the PLO in the highest religious achievement in I suggest the absence of a quorum. agreements with Israel. In effect, the Islam. The official Palestinian Author- The PRESIDING OFFICER (Mr. PA is subordinate to the PLO. ity spokesman said the celebration fu- GARDNER). The clerk will call the roll. I am speaking on the Senate floor be- neral was ‘‘a national wedding befit- The legislative clerk proceeded to cause I have become increasingly con- ting of martyrs’’—a reference to the Is- call the roll. cerned that this payment issue is not lamic belief that a martyr marries 72 Mr. DURBIN. Mr. President, I ask receiving the public attention and crit- dark-eyed virgins in paradise. unanimous consent that the order for icism it deserves. People think, well, The family who presumably paid for the quorum call be rescinded. we have solved the problem through this celebration received substantial The PRESIDING OFFICER. Without the language which we passed a couple rewards from the Palestinian Govern- objection, it is so ordered. of years ago but are now discovering ment and will now receive a permanent FOR-PROFIT COLLEGES that a shell game was simply in play monthly stipend. Some of that money Mr. DURBIN. Mr. President, I have and that money is simply fungible and is paid into the U.S. Treasury by Amer- taken the floor many times to call to

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.041 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE S4400 CONGRESSIONAL RECORD — SENATE June 21, 2016 the attention of the Senate abuses by some of the worst for-profit colleges in ing firmly behind it. Is this an organi- for-profit colleges, an industry that en- America. Let’s take one example to zation that we can truly trust as tax- rolls 10 percent of all college students, start with: Corinthian. Some will re- payers to be a reliable authority as to receives 20 percent of all Federal aid to member this company. It lied to the the quality of education? This is the education, and accounts for 40 percent Federal Government and to the stu- gatekeeper—this agency, this accred- of all student loan defaults. That is 10 dents who went to school there about iting agency—the gatekeeper for mil- percent of the students and 40 percent its job placement rates. Listen to this. lions and sometimes billions of dollars of the student loan defaults. I have spo- They used a scheme where they paid to flow out of the Treasury from tax- ken about specific companies involved employers to hire recent graduates of payers through students and their fam- in this industry—for-profit colleges and Corinthian in temporary jobs so that ilies to lots of CEOs at for-profit col- universities—including Corinthian, the Corinthian could report to the Federal leges that are doing quite well, thank University of Phoenix, DeVry, ITT Government that their graduates got you. History tells us we can’t trust Tech, Westwood, and Ashford. It is a employment. They were caught. The ACICS. long list. I have spoken about fraud was systemic at Corinthian and Corinthian isn’t the only embarrass- Congress’s responsibility and the re- ultimately resulted in its bankruptcy. ment on the ACICS resume. According sponsibility of the Department of Edu- They were defrauding the government to the Center for American Progress, cation to reform higher education laws and, even worse, they were defrauding more than half of the $5.7 billion in and be aggressive in overseeing these these students and their parents. Federal student aid awarded to ACICS- companies. Fortunately, things are I wrote to the Department of Edu- accredited schools in the past 3 years starting to change at the Department cation asking them to look into these went to institutions facing State and of Education. allegations of fraud about Corinthian Federal investigations or lawsuits. Today, I wish to speak about the in December of 2013. That same day I Twenty percent of the students at accreditors and one in particular—the wrote to Dr. Albert Gray. He was the these for-profit schools accredited by Accrediting Council for Independent CEO of ACICS, which was the agency this discredited agency defaulted on Colleges and Schools, or ACICS. which accredited Corinthian. That was their Federal student loans. Does this Accreditors are, according to the De- the agency that said to the Federal sound like an organization that is a re- partment of Education, responsible for Government: This is a real college; you liable authority when it comes to qual- ensuring that education provided by in- should let Federal funds flow to this ity education schools provide? stitutions meet acceptable levels of college. In my home State of Illinois, Attor- quality. In that role, they are, frankly, So I wrote to Dr. Gray and I said: ney General Lisa Madigan, who has the gatekeepers of Federal dollars that What are you doing as an accrediting been a real leader on this subject, set- flow to these colleges and universities. agency to hold Corinthian accountable tled a lawsuit last year against the no- Without accreditation, the schools and to ensure that they do not con- torious Westwood College. Westwood’s can’t receive the money through the tinue their fraudulent practices? practices were not all that different students for Pell grants and Federal I received a response from Dr. Gray. from Corinthian—lying to students loans. But, by law, the Department of His letter said the allegations were ‘‘a about job prospects. source of great concern’’ and that the Education decides which accrediting I remember meeting a young girl in council that he administered would re- agencies are ‘‘reliable authorities as to Chicago. She had been smitten by all of view information submitted by Corin- the quality of education or training these criminal investigation shows on thian and ‘‘make a determination of provided by the institutions of higher television. So she signed up at what actions to take regarding addi- education and the higher education Westwood, and she signed up to take tional inquiries, compliance hearings programs they accredit.’’ courses in criminal justice. It took her In order to be a gatekeeper of Federal or more serious sanctions.’’ 5 years to finish, to get her so-called educational student aid funds like This so-called review of Corinthian degree from Westwood College in Chi- loans and grants, these accrediting by ACICS continued for more than a cago. Do you know what she found agencies must be approved by the De- year, even as States like California, afterwards? Not a single law enforce- partment of Education. The Depart- Massachusetts, and Wisconsin and Fed- ment agency would even recognize her ment performs periodic reviews of fed- eral agencies such as the Consumer Fi- diploma. She spent 5 years and, even erally recognized accrediting agencies nancial Protection Bureau filed suit worse, she went deeply in debt—almost to ensure that they are still ‘‘reliable against Corinthian for their corrupt $90,000 in debt—for a worthless diploma authorities.’’ practices. Meanwhile, their accrediting from Westwood College. She moved Here is where ACICS comes in. This agency was ‘‘really looking into back into her parents’ home, living in outfit is currently undergoing one of this’’—really looking hard. the basement, and her dad came out of those regular reviews by the Depart- As the evidence of Corinthian’s fraud retirement to try to earn some money ment and the Department’s advisory and abuse mounted, ACICS—this ac- to help pay off the student loans at board. It is a group called NACIQI, the crediting agency—continued its wishy- this worthless Westwood school. National Advisory Committee on Insti- washy ‘‘monitoring’’ that never led to tutional Quality and Integrity and anything. In fact, up until the date Guess who accredited Westwood Col- they will hold a hearing on ACICS this that Corinthian Colleges declared lege. ACICS, the same agency. In fact, Thursday. Last week, in the first part bankruptcy in May of 2015, they were in the course of their investigation, the of this review process, the Department still fully accredited by this ACICS ac- attorney general’s office found that of Education staff made its initial rec- crediting agency. That is disgraceful. ACICS was not annually verifying even ommendation to NACIQI to revoke the But it wasn’t disgraceful to ACICS. a sample of job placements reported by recognition of ACICS, an accrediting In response to an effort by Senator Westwood and other institutions they agency responsible for about 25 percent CHRIS MURPHY of Connecticut in a 2015 accredited. of all for-profit colleges and univer- Senate HELP Committee hearing to There are so many other examples of sities. get Dr. Gray to admit that ACICS negligence by this accrediting agency. This is the right decision. I commend made a mistake by continuing to ac- That is why 13 State attorneys general, the Department. I hope that NACIQI credit Corinthian, Dr. Gray said: including Lisa Madigan of Illinois, and ultimately the Secretary of Edu- I will be the first to admit that accreditors have written to the Department of cation, Mr. King, will follow the rec- like any other organization make mistakes. Education asking them to revoke ommendation. Corinthian was not one of those mistakes. ACICS’ recognition. Last week, I joined Senators Incredible—here is a group that has Mr. President, I ask unanimous con- BLUMENTHAL, MURRAY, BROWN, and defrauded students, defrauded the Fed- sent that the letter from the attorneys WARREN in writing to NACIQI to ex- eral Government, is being sued by at general be printed in the RECORD. press support for their recommenda- least three States and other Federal There being no objection, the mate- tion. For too long, this accrediting agencies, had declared bankruptcy, and rial was ordered to be printed in the agency has acted as a rubberstamp for the accrediting agency was still stand- RECORD, as follows:

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THE COMMONWEALTH OF MASSACHU- mately $3.5 billion to Corinthian, made pos- partment to exercise its appropriate discre- SETTS, OFFICE OF THE ATTORNEY sible by ACICS’s accreditation. tion in refusing to renew recognition. GENERAL, ACICS has failed repeatedly to take action Sincerely, April 8, 2016. in response to public enforcement actions by Maura Healey, Massachusetts Attorney Re Opposing the Application for Renewal of state and federal law enforcement. In the Il- General; Brian E. Frosh, Maryland At- Recognition of the Accrediting Council linois Attorney General’s investigation and torney General; Thomas J. Miller, At- for Independent Colleges and Schools subsequent litigation with Westwood Col- torney General of Iowa; Lisa Madigan, (ACICS). lege, the office found that ACICS was not an- Illinois Attorney General; Andy Hon. JOHN KING, nually verifying even a sample of job place- Beshear, Kentucky Attorney General; Department of Education, Washington, DC. ments reported by the institutions it accred- Karl A. Racine, District of Columbia JENNIFER HONG, its. When asked by the attorney general’s of- Attorney General; Janet Mills, Maine Executive Director/Designated Federal Official, fice, ACICS would not commit to formally Attorney General; Stephen H. Levins, National Advisory Committee on Institu- outline their verification process in an affi- Executive Director, Hawaii Office of tional Quality and Integrity, U.S. Depart- davit. This type of obfuscation hinders regu- Consumer Protection; Lori Swanson, ment of Education, Washington, DC. latory cooperation between the ‘‘triad’’ that Minnesota Attorney General; Ellen F. DEAR SECRETARY KING AND MS. HONG: We oversees higher education in the United Rosenblum, Oregon Attorney General; write in response to the notice of intent to States, the federal government, the states, Eric T. Schneiderman, New York At- accept written comments on the application and accreditors. torney General; Hector Balderas, New for renewal of accrediting agencies, specifi- Mexico Attorney General; Bob Fer- There are other examples of ACICS’ failure cally, the Accrediting Council for Inde- guson, Washington Attorney General. to identify compliance problems and enforce pendent Colleges and Schools (ACICS), as Mr. DURBIN. Mr. President, ACICS its accreditation standards. In 2015, Edu- published in the Federal Register on March cation Management Company (EDMC), with has shown time and again that it is not 18, 2016. We have carefully reviewed the Cri- campuses accredited by ACICS including The a reliable authority when it comes to teria for the Recognition of Accrediting Art Institute and Brown Mackie College, set- the quality of an education. It is not a Agencies, including §§ 602.16(a)(1)(i), 602.19(a) tled with thirty-nine State Attorneys Gen- responsible steward of taxpayers’ dol- & (b), and 602.20(a), that are of particular im- eral and agreed to forgive $102.8 million in lars. portance to our consumers. We believe that outstanding loan debt. ITT Tech has been Follow the money in this case. Think stronger oversight by accrediting agencies is sued by the Consumer Financial Protection necessary to protect vulnerable students of schools like Corinthian that took Bureau, and Attorneys General of Massachu- from predatory schools, ensure account- billions of dollars out of the Federal setts and New Mexico and is under investiga- ability to taxpayers, and level the playing Treasury through loans that are as- tion by 19 other states. Daymar College em- field for career schools that are delivering signed to students and paid into Corin- ployed dozens of unqualified faculty as deter- quality, affordable programs. Given ACICS’ thian so they can maintain their oper- mined by the Kentucky Council on Postsec- failure to ensure program quality at the in- ondary Education and the Kentucky Attor- ations and pay handsome salaries to stitutions it accredits, we oppose renewal of ney General, yet ACICS took no action to re- their CEO. Now they go bankrupt, and recognition and urge the Department to re- buke the school or require remedies for stu- at that point the students of Corin- voke its status as a recognized accreditor. dents. Daymar subsequently settled with the thian have a choice. They can keep Because the Department of Education does Attorney General and agreed to provide $11 not directly assess the quality of institu- their worthless semester hours from million in debt relief and pay $1.2 million in tions of higher education, students depend Corinthian and keep their debt or they student redress. National College of Ken- on accreditors to ensure that schools provide can walk away from both. Well, many tucky, Inc. was fined $147,000 by a Kentucky an education that fleets at least minimum of them choose to walk away. When Court for failing to fully respond to a sub- standards of quality. Accreditors, more than they walk away, they have wasted poena from the Kentucky Attorney General. any other party charged with .he supervision National College of Kentucky later admitted years of their lives, but even more im- of higher education, are responsible for pro- in litigation with the Kentucky Attorney portant, taxpayers have just taken a tecting students from profit-seeking institu- General that it advertised false job place- beating. tions offering training of no educational ment rates yet ACICS has taken no action These are corrupt capitalist ventures value. Today, when millions of students are against the school. that rely, for 85 to 95 percent of their defaulting on the student loans they in- curred to attend subpar for-profit schools, it Career Education Corporation, whose San- revenue, directly on the Federal Gov- is clear that certain accreditors are failing ford Brown schools are ACICS-accredited, ernment. These are not free market en- to do the job. settled with the New York Attorney Gen- tities. These are not private corpora- Even in the crowded field of accrediting eral’s Office in 2013 for $10.25 million based tions. It is crony capitalism at its failures, ACICS deserves special opprobrium. on findings that CEC fabricated job place- worst. According to a recent analysis by ment rates. ACICS failed to identify the So, today, I want to commend the ProPublica, only 35% of students enrolled at placement rate inaccuracies and, when CEC’s Department of Education for making ACICS accredited schools graduate from misconduct came to light, failed to termi- its recommendations to NACIQI to their programs, ‘‘the lowest rate for any nate or suspend accreditation to any Sanford Brown Schools. In fact, ACICS did not even withdraw ACICS’ federal approval. I accreditor.’’ Of students who actually did hope this is the beginning of the end graduate, more than one in five defaulted on request that CEC recalculate inaccurate their student loans within the first three placement rates for several of the affected for this awful organization that has years after graduation. A full 60% had not cohorts. been complicit in defrauding students yet paid down a single dollar of the principal It should be noted that ACICS has rep- and the fleecing of taxpayers by major balance on their loans. resentatives of these problem schools on its for-profit education companies for way As consumer advocates in our respective board and committees, raising serious ques- too long. states, our offices have investigated many tions about potential conflicts of interests I encourage the Department to con- ACICS accredited schools based on com- and therefore ACICS’s ability to impartially tinue to remain steadfast in its current plaints from students, and found a funda- evaluate those and other schools. For exam- position and to ensure that the stu- mental lack of substantive oversight for stu- ple, ITT, Corinthian Colleges, and National dents and institutions that ACICS cur- dent outcomes by the accreditor. Lapses that College all had representatives on the ACICS rently accredits are well informed that we have encountered include a failure to Board of Directors/Commissioners during the take action when improper job placement this process is under way. pendency of these enforcement actions or the Finally, I will say that ridding our statistics are reported, inadequate job place- events leading thereto. ment verification processes, and a lack of higher education system of ACICS is a transparency and cooperation with inves- ACICS’s accreditation failures are both good first step, but more needs to be tigations into student outcomes. systemic and extreme. Its decisions to ac- done to reform it. In the coming weeks, ACICS’ most spectacular failure was its de- credit low-quality for-profit schools have ru- I will be introducing an accreditation ined the lives of hundreds of thousands of cision to extend accreditation to several reform bill with several of my col- dozen schools operated by Corinthian Col- vulnerable students whom it was charged to protect. It has enabled a great fraud upon leagues, and I hope this issue will be leges. Corinthian’s practice of offering ex- front and center during the Senate’s tremely expensive degrees of little value to our students and taxpayers. ACICS has prov- low-income students has been the target of en that it is not willing or capable of playing consideration of a Higher Education more than twenty state and federal law en- the essential gate-keeping role required of Act reauthorization in the next Con- forcement agencies. Yet ACICS continued to accreditors. It accordingly should no longer gress. provide accreditation to Corinthian’s schools be allowed to do so. Mr. President, I yield the floor. until the day Corinthian declared bank- The state attorneys general appreciate this The PRESIDING OFFICER. The Sen- ruptcy. The U.S. taxpayer provided approxi- opportunity to comment and we urge the De- ator from Rhode Island.

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According to a colleagues to wake up, in this case test, and it is starting to have a pretty Bloomberg poll, 72 percent of Ameri- more specifically to the political influ- pronounced effect. cans report being fed up with politics ence, particularly the dark money, NOAA just reported that the Earth and politicians, and 59 percent feel the that perpetuates the climate blockade passed what they call ‘‘another unfor- ‘‘political system is broken.’’ Accord- in Congress. tunate milestone.’’ Carbon dioxide con- ing to a recent Rasmussen poll, three- In 1831, Alexis de Tocqueville trav- centrations passed 400 ppm at the quarters of voters believe the wealthi- eled to the United States to write his South Pole last month. That was a est individuals and companies have too famous ‘‘Democracy in America.’’ De first in 4 million years. NOAA also an- much influence over elections, and 8 in Touqueville described our American nounced that the globally averaged 10 agree that wealthy special interest style of government as ‘‘quite excep- temperature over land and ocean sur- groups have too much power and influ- tional.’’ He wrote about it with affec- faces for May 2016 was the highest for ence. They are not wrong. That Citi- tion and with fascination. He may have any May in the NOAA global tempera- zens United decision has even helped been the first American exceptionalist. ture record. This marks the 13th con- make Americans feel by a ratio of 9 to As the son and grandson of Foreign secutive such month, breaking its 1 that an ordinary American will not Service officers, I can personally attest monthly global temperature record— get a fair shot against a corporation in to the importance of America as a par- the longest streak in NOAA’s 137 years the U.S. Supreme Court. agon of government across the globe, of keeping records. It is a dirty circle. The strength of as an aspirational model of self-govern- We understand what is going on. So America lies in its people. Stoking dis- ance, and as a country that others why is Congress stuck, asleep at the trust and contempt for our political count on that comes to help, not to wheel? Why? Because since the Su- system breeds cynicism, and that cyni- loot or conquer. preme Court’s decision in Citizens cism gives special interests more influ- The roots of our American United, the big fossil fuel polluters and ence in their age-old battle to loot the exceptionalism are found in the three their network of front groups—a well- public. That failure also jeopardizes simple words that introduce our Con- documented crowd now in academic lit- the exceptionalism that has made stitution: ‘‘We the People.’’ The notion erature and in journalism—have poured America an example for good through- that the government belongs to the money and threats into our politics. out the world—fat chance that we are people seems unremarkable now, but in Just one group, the Koch brothers- an example for good on climate change its day, it was literally revolutionary. backed front group Americans for Pros- when the fossil fuel industry has done Today, this proposition is under perity, openly proclaimed that if Re- what it has with its campaign spend- threat from few very well-heeled spe- publicans support a carbon tax or cli- ing. cial interests and their shadowy front mate regulations, they would ‘‘be at a It is a mess, and to clean it up a groups, all powered up by the Supreme severe disadvantage in the Republican group of us have assembled a ‘‘we the Court’s disastrous 5-to-4 Citizens nomination process.’’ It would mean people’’ suite of legislation. The ‘‘we United decision. In that decision, the their ‘‘political peril.’’ the people’’ legislation is a collection Court’s conservative bloc overturned The threat is plain. It is funded by of straightforward reforms designed to long-standing laws of Congress, re- the very deep pockets and the highly loosen the grip of big money on our jected the common sense of the Amer- motivated schemes of the fossil fuel in- elections, reduce the influence that ican people, and gave wildly outsized dustry, enabled by Citizens United, and wealthy special interests have over our influence over our elections to a little much of it is largely hidden from pub- government—often behind the scenes— stable of Big Money interests, creating lic disclosure. Candidates get it; it is and return America’s democracy to its what one newspaper in Kentucky has the public that doesn’t see what is true owners, the American people. aptly called a ‘‘tsunami of slime.’’ going on behind the scenes. How do we do this? Well, first, we The evidence is in. The evidence is Every election since Citizens United bring transparency back to our elec- found in our elections, where the tsu- has broken spending records, and this tions with an updated DISCLOSE Act, nami of outside cash has wiped out pre- year is on track to do it again. Super a bill I have introduced in the last vious campaign spending records and PACs, anonymous so-called social wel- three Congresses. DISCLOSE would re- created whole new campaign spending fare 501(c)(4) groups, and other outside quire every organization spending categories that never existed before, groups have so far spent nearly $400 money in elections, including super like dark money. And the evidence is million in this election, and we are PACs and tax-exempt 501(c)(4) groups, found in this Chamber, where before still nearly 5 months from election to promptly disclose donors who give Citizens United we had a thriving bi- day. Politico has reported that dona- $10,000 or more during an election cycle partisan debate on climate change. tions to super PACs are expected to ex- and to get the spending information Now we have exactly the silence the ceed $1 billion this election cycle. Gee, online within 24 hours. It would pre- polluters want from the Republican for $1 billion, what could they possibly vent super PACs from acting as de side. It wasn’t very long after de want? facto extensions of a candidate’s cam- Tocqueville published his famous book We know where this money will go. It paign, and it would reform the Federal on American democracy that the phys- will fund an onslaught of the ugly, nox- Election Commission to break the par- icist John Tyndall wrote about excess ious, negative campaign ads that tisan deadlock that cripples enforce- heat trapped by the buildup of certain Americans hate. They hate the nega- ment of existing campaign finance gases in the atmosphere. He wrote: tive messages smearing the ad’s tar- laws. gets. But they also hate another mes- [T]o account for different amounts of heat Second, we undo the Court’s dreadful being preserved to the earth at different sage. They hate the message that this Citizens United decision. Citizens times, a slight change in [the atmosphere’s] smear was paid for by some shadowy United was wrong in treating corpora- variable constituents would suffice for this. group that they know perfectly well tions as if they were people. It was Such changes in fact may have produced all has no role in their State or in their wrong that corporate money will not the mutations of climate which the re- life and that they usually have never corrupt. It was wrong not seeing that searches of geologists reveal. heard of but has suddenly com- whatever special interests are allowed Those ‘‘variable constituents’’ to mandeered their TV screen to deliver to do politically, they can threaten and which Tyndall referred included carbon the smear attack. That secondary pay- promise to do, and those threats and dioxide, methane, and water vapor; he load, which has delivered negative ad promises are corrupting. Finally, it was writing about what we now call the after negative ad, is piling up, and its overlooked that a small class of special greenhouse effect. We have understood message to the American viewer is interests can actually make a bundle this greenhouse effect for a century clear: This has gotten weird. This has buying influence. and a half. Abraham Lincoln was Presi- gotten out of hand, and you don’t The fossil fuel industry, for instance, dent when this was published. It is count. even when it spends $750 million in one

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Yet the President and UDALL’s constitutional amendment to grew. Members of his administration refuse give Congress the power to once again To put that in perspective, what has to level with the American people pass commonsense measures regulating made our country great year after about what is going on. You didn’t hear presently unlimited corporate cash in year, decade after decade, has been an anyone talking about the jobs report. our elections. Finally, ‘‘we the people’’ economic growth rate of about 3.7 per- In fact, right now they are calling our includes proposals championed by Sen- cent, almost 4 percent. economy the strongest in the world. ators BENNET and BALDWIN to stop the If you look at this chart, it has many They are touting the fact that despite spinning, revolving door that so often different administrations. This red line this economic jobs report, the unem- makes officials beholden to corporate is the 3-percent GDP marker, which is ployment rate actually ticked down. It special interests. considered OK, not great. Usually, went down from 5.1 percent to 4.7 per- It was not long after Alexis de most administrations are above that. cent. They are kind of bragging about Year after year, decade after dec- Tocqueville described our unique that. That is normally good news. The ade—Democratic administration, Re- American democracy and it was about unemployment rate going from 5.1 to publican administration—what has the same time John Tyndall described 4.7 percent, they are talking that up. made the country great is economic the basic science of the greenhouse ef- What is going on? What is the real growth. If you look at the Obama years fect that President Lincoln reminded a story behind these numbers? Because right here, it never even hit 3 percent war-weary nation of the point of all the people who know these numbers GDP growth. That is why they don’t that bloodshed—that ‘‘government of know what is going on. I thought I want to talk about it. When the Presi- the people, by the people, and for the would try to explain a little bit about dent does talk about it, he doesn’t re- people shall not perish from the why this administration is not leveling mind Americans that this is the slow- earth.’’ with the American people at all. First, Allowing special interests to secretly est, weakest recovery in over 70 years, but when he does talk about it, he still having the strongest economy in the buy elections and influence govern- world right now is nothing to brag ment officials gives away an American points fingers at those who came before him. about. The President used to brag patrimony that was dearly bought. about how we were growing more than After nearly 71⁄2 years, two terms, Make no mistake, without Citizens this economy is his. He owns it, and he Europe. That was last quarter. We are United, and without the maligned and should take responsibility for it. not growing more than Europe now. dishonorable use of its weaponry by the As Michael Boskin, the well-re- The EU grew at about a 2-percent GDP fossil fuel industry, we would have had spected Stanford economics professor, growth last quarter. As I said, we grew by now a bipartisan solution to climate put it: ‘‘Mr. Obama will likely go down at about 0.8 percent, so even that com- change. A faction on the Court that un- as having the worst economic-growth parison is not working. leashed that new political weaponry, record of any president since the An economist recently stated that an industry that took shameful and re- trough of the Great Depression in bragging about having a strong econ- morseless advantage of it, and a party 1933.’’ omy right now globally is ‘‘like having that has willingly subordinated itself Whether the President owns up to it, the best-looking horse in the glue fac- to that influence to keep the money there is no doubt—just look at the tory.’’ There is not a lot to brag about flowing all share the blame for where charts. These are their numbers, by the there. we are today. way. These are the Obama administra- Really, the only comparison that We need to clean this up. The pol- tion numbers. There is no doubt we matters when the administration tries luters don’t just pollute our planet; have experienced a lost decade of a spin, ‘‘Hey, we are doing better than they are polluting our very democracy. growth that is harming not only the Japan or better than Brazil’’—the only I yield the floor. economic security of our country and comparison that matters is this one: The PRESIDING OFFICER. The Sen- the national security of our country How are we doing relative to American ator from Alaska. but—most importantly—American history? That is all that really mat- ECONOMIC GROWTH families who are experiencing this. The ters, not the spin of how we are doing Mr. SULLIVAN. Mr. President, for great engine of our economic growth, relative to another country. This is months now I have been coming to the driven by the American worker, the what matters. Again, by any measure, floor to talk about an issue that I know most productive worker in world his- we have been performing very poorly the American people want us to talk tory, is now idle because we cannot for the last 10 years. about, and that is the economy and the grow our economy. Second, let’s unpack the unemploy- importance of growing our economy. I We had more evidence of this last ment numbers. The 4.7-percent unem- am highlighting what unfortunately month with the abysmal May jobs re- ployment rate sounds pretty good, but has been a very anemic record of eco- port. Again, nobody talked about it. what the President knows and what his nomic growth over the last 10 years, The media didn’t talk about it. Cer- administration knows but will not tell highlighting what is called the gross tainly, the White House didn’t talk the American people, is that rate from domestic product for the United about it, but we should be talking the jobs report last year had numbers States. I have been doing that because about it, what happened in May. The behind it that were very worrisome. If certainly the Obama administration report showed, in May, employers we only created 38,000 jobs, then how doesn’t want to do that. When we look throughout the entire United States does the unemployment rate go down at these numbers, we know that these added 38,000 jobs. That is in an $18 tril- from 5.1 percent to 4.7 percent? are some of the weakest economic lion economy that employs 126 million This is how. The standard measure of numbers, certainly in the last 7 years— Americans—38,000 jobs is nothing and unemployment in this country, the un- some of the weakest economic numbers everybody knows it. employment rate, includes only people in U.S. history. The media doesn’t As a matter of fact, today, Fed Chair- who are actively looking for work. want to talk about it, so I believe it is man Janet Yellen talked about what a That is a term called the labor force important that we come and have a de- dismal report that was in May. In fact, participation rate. So if the labor force bate on the economy because the that is the lowest monthly gain since participation rate goes down, then the American people want us to talk about 2010 in terms of jobs, and 2016 has seen unemployment rate will also go down, this. the worst employment start since 2009, even if we have a weak economy. I want to remind my colleagues that since the beginning of the Obama ad- So what happened in May? Why did the gross domestic product—what we ministration. the unemployment rate tick down to

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Nobody ment rate would actually be 9.7 per- So when the President and the White thinks that is robust. cent, almost unchanged from the be- House continue to tell us that every- What happened in May—and the ginning of 2009 when it was 10.1 per- thing is fine, that jobs are plentiful, White House isn’t talking about it—the cent. that the unemployment rate has been unemployment rate went down because So the bottom line, the main rea- slashed in half, that our economy is almost 700,000 American workers quit son—indeed, almost the sole reason the strong relative to other countries, it is working, quit looking for a job. Think official unemployment rate has been, very important to look at what they about that. In 1 month, 664,000 Ameri- ‘‘cut in half,’’ as the President said, is are really saying. We shouldn’t believe cans—in 1 month, almost 700,000 Amer- because millions and millions of Amer- that. And the vast majority of Ameri- icans who had been looking for work icans have left the workforce because cans don’t believe it because they are got discouraged. They said there is the hope of the American worker has hurting. They are hurting because this nothing out there. This economy is so crashed, and it has now reached the economy is hurting. Millions of Ameri- weak so I am quitting even looking for same low levels it did during the Carter cans want to work but can’t find a job. a job. That is why the unemployment years. Millions of Americans have quit look- rate went down—not a strong economy, The President did also tell these high ing for a job. And, as the President not strong growth—discouraged Amer- school students that to create a better, says, we need to recognize that fact ican workers saying: I am done. I am stronger economy, we have to be hon- and to be honest about it. Only then not even going to look anymore. Of est about what our real economic chal- can we do what is one of the most im- course, that is nothing to celebrate, lenges are. portant jobs this Senate can do, which 700,000 Americans completely discour- Here, I agree with him. Let’s start is grow our economy again and create aged who said: I have had enough, I am with an honest assessment made re- real job opportunities for the millions not even going to try. Think about the cently by former President Clinton. of American workers who want to work families. Think about the workers who This is what he said about the Obama but have been so discouraged they have made that decision. economy: ‘‘Millions and millions and left the workforce. Unfortunately, this is one of the dis- millions and millions of people look at Mr. President, I yield the floor. mal, economic legacies of the Obama the pretty picture of America [Obama] I suggest the absence of a quorum. years. Year after year, as exhibited by painted and they cannot find them- The PRESIDING OFFICER. The this chart, millions of Americans have selves in it to save their lives.’’ clerk will call the roll. simply left the workforce. They just That was former Democratic Presi- The senior assistant legislative clerk quit. This is a chart of the labor force dent Bill Clinton talking about the loss proceeded to call the roll. Mr. MCCONNELL. Mr. President, I participation rate at the beginning of of hope over the last 8 years. President ask unanimous consent that the order the Obama administration and now. Clinton recently said: Year after year, you can see more for the quorum call be rescinded. But the problem is, 80 percent of the Amer- The PRESIDING OFFICER (Mr. Americans say: I have had it. I give up. ican people are still living on what they were DAINES). Without objection, it is so or- The economy is too weak. I am quit- living on the day before the [2008 financial] dered. ting, quitting even looking. Again, crash. And about half the American people, they are not counted in the unemploy- after you adjust for inflation, are living on UNANIMOUS CONSENT AGREEMENT—EXECUTIVE what they were living on the last day I— CALENDAR ment rate. Mr. MCCONNELL. Mr. President, I The labor force participation rate is Meaning President Clinton— ask unanimous consent that at a time a rather ungainly term, but what it was president 15 years ago. So that’s what’s to be determined by the majority lead- really measures is the hope of the the matter. er, in consultation with the Demo- American worker and his or her family. That is President Clinton. He is talk- cratic leader, the Senate proceed to ex- So we should call it the American ing honestly about this economy. That ecutive session to consider individually worker hope index. Here is the hope is what honesty looks like. Family in- either of the following nominations: index for the American worker. comes have declined during the Obama Calendar Nos. 357 and 358; that there be As you can see by the chart, it has years, wages have been stagnant, and 30 minutes for debate only on each been crashing under this President the economic hope of the American nomination, equally divided in the with his economic policies year after worker has crashed to levels not seen usual form; that upon the use or yield- year. Hope has been declining for since Jimmy Carter. ing back of time on the respective American workers ever since the Presi- I close with a few words for the nominations, the Senate proceed to dent got into office. In fact, it has not American people as we get to the final vote without intervening action or de- been this low since the economic mal- months of the Obama administration. bate on the nomination. aise years of President Jimmy Carter. The President is going to make the The PRESIDING OFFICER. Is there If you see the right hand here, 62 per- claim—and some of his supporters and objection? maybe even Secretary Clinton are cent—the Carter malaise years— Without objection, it is so ordered. Reagan, Clinton, Bush, and then the going to make the claim—that the un- Obama administration years, back al- employment rate during the Obama f most on par with the Carter years. years went from 10.1 percent to 4.7 per- MORNING BUSINESS That is not a strong legacy. cent. They are going to talk about this. Mr. MCCONNELL. Mr. President, I The last time we had an American They are going to make people believe ask unanimous consent that the Sen- worker hope index this low was in 1978, that somehow this is a great accom- ate be in a period of morning business, the height of the Carter stagflation, plishment. with Senators permitted to speak when so many Americans were discour- While technically true, what the therein for up to 10 minutes each. aged from even trying to work. That is President is not going to do, what Sec- The PRESIDING OFFICER. Without the legacy we have right now. retary Clinton is not going to do, is un- objection, it is so ordered. The most recent job numbers that pack the numbers to actually tell the f came out in May was the day the Presi- whole truth because that unemploy- dent gave a speech to a bunch of high ment rate decline is due primarily to 70TH ANNIVERSARY OF THE school students. To the children, the the fact that so many American work- FULBRIGHT PROGRAM high school kids, the President painted ers have simply quit looking for work. Mr. LEAHY. Mr. President, I am a rosy picture of the economy. He told That is the full truth. pleased to join my friend from Arkan- them the economy was strong and that So when you hear this great num- sas, Mr. BOOZMAN, in cosponsoring a he had cut the unemployment rate in ber—10.1 percent unemployment all the resolution recognizing the 70th Anni- half. We know that is not a fully accu- way down to 4.7 percent—the real num- versary of the Fulbright Program on rate statement. If we had the same ber is 9.7 percent. The real number is in August 1, 2016.

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.065 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE June 21, 2016 CONGRESSIONAL RECORD — SENATE S4405 Seventy years ago, Senator William by Vermont, New York, and Quebec to years, before taking the reins at the Fulbright established this program for protect Lake Champlain’s water qual- LCBP. the ‘‘promotion of international good- ity, fisheries, wetlands, wildlife, recre- Like so many great Vermonters, will through the exchange of students ation, and cultural resources. At the Bill’s service to his local and regional in the fields of education, culture and Gordon Center House on Vermont’s community has been remarkable. Many science.’’ The Fulbright Program re- Grand Isle, Bill has assembled and of Bill’s neighbors owe their health and ceives funding each year with strong guided a team of exceptional scientists well-being to his decades of service as bipartisan support from Congress and and dedicated public servants. Bill has an advanced emergency medical tech- is also supported by 50 binational com- led the Lake Champlain Basin Program nician on the Richmond and Grand Isle missions worldwide. to become nationally and internation- rescue squads. Bill has been an active Since its establishment, the Ful- ally recognized in the fields of eco- board member of the Lake Champlain bright Program has become the United system monitoring, prevention of the Committee and served on the Bur- States’ flagship educational exchange spread of invasive species, water pollu- lington Barge Canal Superfund panel, program. There have been more than tion control, cultural heritage resource receiving a U.S. EPA Environmental 370,000 participants from around the interpretation and protection, and pub- Merit Award in 1997. world and all 50 States since the pro- lic education. It is a model to which Director Howland has my sincere gram was established. Fulbright alum- other watershed and basin programs gratitude for his years of dedicated ni include 33 heads of state, 54 Nobel aspire. service to his local community, to the laureates, and 82 Pulitzer Prize win- I have often looked to Bill for his ex- Lake Champlain Basin, and all of ners. pert advice in developing and imple- Vermont, as well as to U.S. national The Institute for International Edu- menting Federal legislation and pro- and international conservation efforts cation has administered the Fulbright grams. Bill worked with me on the and scientific research. I expect and Program since 1946 and has worked Daniel Patrick Moynihan Lake Cham- hope that he will stay active on all of closely with the Department of State plain Basin Program Act of 2002, the these fronts. Bill has much more to to ensure that the Fulbright Program Champlain Valley National Heritage contribute. I wish him well in his re- is one of the most prestigious and ef- Partnership Act adopted in 2006, and tirement, and I hope that he and his fective international exchange pro- the Lake Champlain Ecosystem Res- wife, Betsy, will now get a chance to grams in the world. toration Authority, which was adopted relax on the shores of Lake Champlain The Fulbright Program makes a sig- as part of the Water Resources Devel- at their home in Isle La Motte. nificant contribution to the exchange opment Act. Bill has testified more f of ideas, knowledge, and understanding than once before Senate committees TRIBUTE TO POLLY NICHOL between Americans and people world- about the importance of environmental wide. It awards 8,000 grants annually, conservation programs and projects in Mr. LEAHY. Mr. President, I want to including to 1,600 U.S. students, 4,000 the Lake Champlain and Great Lakes take a moment to recognize the foreign students, 1,200 U.S. scholars, regions. achievements and contributions of a and 900 visiting scholars, in addition to I have been impressed by Bill’s abil- remarkable advocate and a celebrated several hundred teachers and profes- ity to bring all types of partners to the leader in my home State of Vermont. sionals. table, including local citizens, recre- Later this month, Polly Nichol will Increasingly, it seems as if the world ation organizations, heritage organiza- retire from her position as director of is being torn apart by intolerance, ha- tions, county planning offices, the Gov- housing of the Vermont Housing and tred, violence, and isolationism. I am ernors of Vermont and New York, Fed- Conservation Board. For more than 35 convinced that academic and cultural eral agencies, and even the Premier of years, Polly’s career in affordable exchange programs, like Fulbright, are Quebec. Bill’s greatest skill may be di- housing and community development more relevant today than ever because plomacy, considering he has confirmed has stood as the gold standard of excel- they provide a strong antidote to these trilateral Memoranda of Understanding lence to those in her field. Her effective trends. Exchanges between individuals with New York, Vermont, and Quebec leadership across Vermont has inspired from around the world who share ideas in 2000, 2003, and 2010, has helped to countless new collaborations, new and work together on issues and prob- guide two International Joint Commis- housing opportunities for our most vul- lems confronting the world can build sion inquiries, and has contributed to nerable, and the preservation of his- relationships that endure for a life- international trans-boundary conserva- toric structures that make up time. tion work through LAKENET, Vermont’s unique character. It is not I congratulate the Fulbright Pro- UNESCO HELP, and NANBO inter- an exaggeration to say that the quality gram, the alumni, and all who have national lake summits. Remarkably, of life for many in the Green Moun- supported the program for 70 years of year after year, he has been able to tains is greater as a result of Polly promoting international goodwill, and achieve consensus on the allocation of Nichol’s legacy. I thank Senator BOOZMAN for this reso- millions of dollars in Lake Champlain Polly joined the Vermont Housing lution. funds among multiple Federal agen- and Conservation Board in 1988 as its f cies, Vermont, New York, many pri- first director of housing. There, she be- vate organizations, and countless part- came known for establishing creative TRIBUTE TO DR. WILLIAM GLEN ners on the ground. partnerships to bring together devel- HOWLAND Bill’s dedication to protecting Lake opers, preservationists, and advocates Mr. LEAHY. Mr. President, after 17 Champlain and the environment ex- alike. This work was grounded in her years spent protecting Lake Cham- tends well beyond his tenure as direc- prior experience at the local commu- plain, Dr. William Glen Howland—Bill, tor of the LCBP. During his many nity action agency, where she led the to most of us—will retire this month as years as a faculty member and as a establishment of two neighborhood re- the director of the Lake Champlain member of the research staff at investment groups in nearby Barre and Basin Program. We should all thank Middlebury College, the University of Randolph. These groups are now part of him and recognize his contributions to Vermont, and McGill University, Bill NeighborWorks America, a program I the conservation and restoration of has advanced the field of geography, have long supported for its investments Vermont’s jewel, Lake Champlain, particularly biophysical remote sens- in rural communities across the coun- credit him for his many contributions ing and terrain modeling of northern try. to scientific research, and thank him ecosystems, which are critical tools as Polly’s career in advocacy and lead- for his commitment to the local com- we track global climate change. He has ership has been vast and multifaceted. munity in which he lives and works. been a role model and adviser to many In Vermont, the challenge of securing Under Bill’s steady and thoughtful young scientists, helping to shape their safe, affordable housing is far too fa- guidance, the Lake Champlain Basin studies and their careers. He also miliar for many. Overcoming this chal- Program, LCBP, has flourished in its served as the executive director of the lenge requires a strong network of ad- mission to coordinate and fund work Green Mountain Audubon Society for 5 vocates and experts ready and willing

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.046 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE S4406 CONGRESSIONAL RECORD — SENATE June 21, 2016 to collaborate. During her tenure at HOLY AND GREAT COUNCIL OF largest number affiliated with the the Vermont Housing and Conservation THE ORTHODOX CHRISTIAN Greek Orthodox Church—the Church of Board, Polly has channeled the organi- CHURCHES the convener of the Council—Ecumeni- zation’s mission to improve the capac- Ms. MIKULSKI. Mr. President, today cal Patriarch Bartholomew, are fol- ity of surrounding nonprofits dedicated I wish to recognize the historic events lowing this historic gathering with to housing and conservation. Today taking place in Crete, Greece. Ecu- great anticipation. Vermont’s landscape of nonprofit de- menical Patriarch Bartholomew of It is the charge of the Holy and Great velopers and preservationists is unique- Constantinople has called the first Council to deal with internal church ly integrated, much thanks to Polly’s Holy and Great Council of the various matters, but Orthodox Christians are also deeply concerned with the oppor- early efforts to instill value in the be- Christian Orthodox churches around tunity this historic event presents for lief that building homes includes build- the world since 787 CE. ing community. The Holy and Great Council is the a wider ranging conversation about not Polly’s vision has also had a direct first meeting of its kind in over a mil- only process within the confines of reli- impact on thousands of Vermonters in lennium. The 14 Orthodox Christian gion, but the prospects for peace and nearly every corner of the state. Her Churches together have over 300 mil- prosperity it represents for all mem- leadership has contributed to the suc- lion followers around the world, includ- bers of the church and for all people cess of the Vermont Housing and Con- ing over a million Americans. These around the world. Orthodox Christians in America come servation Board as it has invested in churches are self-governing but united from all walks of life and represent all and developed more than 12,000 homes by common dogma, faith, liturgy, and and apartments. More than 1,300 homes opinions and points of view. They in- moral conviction, with the Ecumenical clude personalities well-known to all of with much-needed services and sup- Patriarch serving as the ‘‘first among ports have also been developed for our us in this Chamber and beyond: ABC equals.’’ journalist and host of ‘‘Good Morning most vulnerable friends and neighbors. This meeting began on Sunday, June America,’’ George Stephanopoulos; Throughout, the organization has also 19 and will continue through June 26. Huffington Post creator Arianna Huff- enabled more than 1,000 individuals to Three hundred and fifty leaders are at- ington; and sportscaster Bob Costas. In become homeowners, further enabling tending this meeting where they will the political world, they include them to become integrated within promote unity among the world’s Or- former Governor of Massachusetts and their local communities. thodox believers. They will discuss key Democratic nominee for President Polly’s leadership and advocacy may issues facing Orthodox Christians, in- also be witnessed in the other vol- Mike Dukakis; Hillary Clinton’s cam- cluding the church’s mission in today’s paign chairman and former chief of untary roles she has held throughout world, the Orthodox diaspora, and the the last four decades. She is an active staff to President Bill Clinton, John relationship of Christian Orthodoxy Podesta; and current Members of Con- member of the city of Montpelier’s with the rest of the Christian world. gress—Representative DINA TITUS of Housing Task Force, the Vermont Af- The Patriarch has a record of reach- Nevada and NIKI TSONGAS of Massachu- fordable Housing Coalition, and is well ing out and working for peace and rec- setts, as well as Congressmen JOHN known for her role as a founding board onciliation among all faiths and has SARBANES of Maryland and GUS BILI- member of the Vermont Community fostered dialogue among Christians, RAKIS of Florida. Loan Fund. Her reach also extends to Jews, and Muslims. His All-Holiness These are all respected, talented, ac- other important causes, including a has received awards from the United complished Orthodox Christians whose most recent appointment to serve as Nations, the United States, and other faith and opinions are represented at the vice president of the board of nations for providing moral leadership the historic convocation of the Holy Vermont Works for Women, an organi- throughout modern history’s greatest and Great Council. They are among the zation that supports disadvantaged tests. His efforts to convene this Holy more than 1 million Greek Orthodox women and those who pursue nontradi- and Great Council is a testament to his Americans who are led by their spir- tional careers. continued leadership at a time when it itual head, Archbishop Demetrios, who We have also been fortunate to have is greatly needed. After the September presides over seven metropolitans with Polly as a delegate to our region and 11, 2001, attacks, the Patriarch orga- regional jurisdictions that serve on the national affordable housing commu- nized a gathering of religious leaders, local Holy Synod. The archbishop and nities, including the New England including Muslim imams, to condemn his predecessors have played a promi- Housing Network and the Housing As- the attacks as an anti-religious act. He nent role in American life, culture, and sistance Council. In 1994, Polly received was also the first Ecumenical Patri- history that has been part of the fabric the Skip Jason Community Service arch to attend the inauguration of a of this Nation. We all remember the fa- Award from the Housing Assistance pope. mous civil rights march in Selma, AL, Council after being nominated by a With so much suffering taking place led by Dr. Martin Luther King, Jr., but host of Vermonters. As a leading na- around the world, we need people to we may not remember that at the tional advocate for rural housing pol- come together, like they are in this march was also the late Archbishop icy in the country, this award recog- historic meeting, to work together to Lakovos, marching shoulder-to-shoul- nizes those whose efforts have im- advance our shared values. I commend der with Dr. King. proved the housing conditions of the and thank Ecumenical Patriarch Bar- Greek Americans, hailing from 500 rural poor in their communities and tholomew for convening this Holy and churches across this Nation, including whose work ‘‘in the trenches’’ often Great Council of the Orthodox Chris- many in my home State of New Jersey, goes unrecognized in their commu- tian Churches in Crete, Greece. believe deeply that this Holy and Great nities. Since then Polly’s leadership, Mr. MENENDEZ. Mr. President, once Council is a fateful gathering that can has continued, as she has served as again, Greece, the home of democracy, have a dramatic impact on their reli- both president and chair of the board of the home of the fundamental principle gion and civilization for 1,000 more the Housing Assistance Council. of religious freedom that democracy years, that the council’s deliberations Polly has been well known to friends has come to represent here in America, will hold great meaning and great and colleagues as much for her gentle is making history, this time on the Is- promise for a better life for all of us, humor as her uncompromising dedica- land of Crete where Ecumenical Patri- for peace on this planet, and for the tion to preserve the unique beauty and arch Bartholomew of Constantinople is greater good of generations to come. quality of life found at home in leading a meeting of Orthodox Chris- They know and we in this Chamber Vermont. Her work will leave a lasting tian Churches, the Holy and Great know that the importance of Orthodox impression on those of us who have Council, that occurs only once in a mil- Christians will be measured not by the been fortunate enough to learn from lennium. In fact, it has not happened history made in Crete at this meeting, and work alongside her. As she transi- since 787 CE, but it is happening now. but the history Orthodox Christians tions to retirement, I do hope she finds The 3 million Orthodox Christians around the world have already made. opportunity to revel in her accomplish- across America, from all 14 national ju- I join all of my colleagues in hoping ments both near and far. risdictions around the world with the for a successful and productive once in

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.058 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE June 21, 2016 CONGRESSIONAL RECORD — SENATE S4407 a millennium session of the Holy and to join me in honoring Dr. Beverly smalltown feel. It is home to boat Great Council. I join with all of my Or- ‘‘Jo’’ Harris for her service. builders, fishermen, retirees, summer thodox Christian friends in New Jersey f residents, and artists alike. Summer and around the world in celebrating visitors can enjoy the town’s famous ADDITIONAL STATEMENTS this historic meeting. Reid State Park, historic lighthouses, f and the many land preserves protected through the community’s dedication to TRIBUTE TO DR. BEVERLY ‘‘JO’’ 75TH ANNIVERSARY OF MOUNTAIN preservation and environmental sus- HARRIS VIEW ELECTRIC ASSOCIATION ∑ tainability. Even when the winter Mrs. CAPITO. Mr. President, today I Mr. GARDNER. Mr. President, today I wish to honor Mountain View Elec- comes and the summer residents leave, wish to recognize and commend the a cohesive and engaged year-round pop- outstanding career of Dr. Beverly ‘‘Jo’’ tric Association’s 75th anniversary. On December 6, 1940, Mountain View Elec- ulation remains. The town and its citi- Harris, one of the State of West Vir- zens represent the best of Maine’s his- ginia’s most respected educators, on tric’s 249 original members filed for in- corporation of the cooperative. Since toric coastal villages: a close-knit and the occasion of her retirement. During hard-working community surrounded her tenure as the first president of then, the company has provided power to Arapahoe, Crowley, Douglas, Elbert, by striking natural beauty. BridgeValley Community and Tech- El Paso, Lincoln, Pueblo, and Wash- Led by its dedicated tricentennial nical College, Dr. Harris has shown tre- ington counties in Colorado. Its terri- committee, Georgetown will com- mendous passion and dedication to her tory covers 5,000 square miles, memorate its 300th anniversary with students, colleagues, and her commu- powering homes, schools, churches, an all-day celebration on June 23. nity. Her commitment to education small businesses, and hospitals. Scheduled events include the burying has been an inspiration to many citi- For more than seven decades, Moun- of a time capsule, a town parade, and zens of our State. tain View Electric has been an impor- presentation of special tricentennial Dr. Harris obtained her under- tant source of electricity for many of products from local businesses and or- graduate degree from Concord College Colorado’s rural counties. In par- ganizations. These events mark the and a master’s degree from Marshall ticular, the company has worked dili- culmination of over a year of collabo- University. She then received a doc- gently to help the residents who lost ration between local government, non- toral degree in educational administra- their homes in the Black Forest Fire in profits, and local businesses who have tion from West Virginia University. Dr. 2013. In the wake of this devastation, worked together to create a truly Harris began her career in education at Mountain View Electric worked to amazing celebration fitting of this tre- a proprietary school in Morgantown be- quickly restore service to the area, at mendous milestone. fore being hired by West Virginia Insti- no additional cost to the property own- I commend all that the people of tute of Technology in 1975 as an in- ers. Georgetown have done to make their structor in the school’s newly created Rural electric cooperatives play an town such a special place to live and associate degree business program. She important role in communities around visit. Their shared love for their home- has continued to work in the same the United States, serving an esti- town and commitment to its success building in Montgomery throughout mated 42 million Americans. This busi- has made Georgetown one of Maine’s many changes to both the school and ness structure connects consumers di- greatest communities. I am proud to her role. rectly to the operations of the com- recognize this historic milestone and Under Dr. Harris’s leadership, the pany, keeping electricity prices afford- wish the town many more years of suc- school, formerly known as Bridgemont able. Electric cooperatives also con- cess.∑ Community and Technical College, was tribute to development and growth f nationally recognized as the fourth across the country’s rural areas. TRIBUTE TO CHARLES L. RICE fastest growing small public 2-year col- I commend Mountain View Electric lege of 2010, was a finalist for the 2011 for its decades of service to rural Colo- ∑ Ms. MIKULSKI. Mr. President, I wish Aspen Prize for Community College rado. Congratulations again on this to recognize a great American who has Excellence, and selected as one of 2013’s significant anniversary.∑ honorably served our country as presi- Top 50 Community Colleges in America dent of the Uniformed Services Univer- f according to ‘‘Washington Monthly.’’ sity of the Health Sciences, USU, in Her efforts were later recognized when TRICENTENNIAL OF GEORGETOWN, Bethesda, MD, on the campus of the she received the WVCCA Leadership MAINE Walter Reed National Military Medical Award, the WVBEA Business Teacher ∑ Mr. KING. Mr. President, today I Center. of the Year award, and she was jointly wish to recognize the town of George- Dr. Rice began his service at USU in named Upper Kanawha Valley Citizen town, ME, which is celebrating its 2005. During the past 11 years as presi- of the Year, along with her husband, 300th anniversary this month. This dent of the University, he also served Carl. small, coastal town, with just over for 6 months as Acting Assistant Sec- In addition to her official role as 1,000 inhabitants, has a long and proud retary of Defense for Health Affairs, president, Dr. Harris has also served on history dating back to the 18th cen- March to August 2010. the boards of the SMART 529 College tury, and I am pleased to join them in During his tenure, Dr. Rice has Savings Program, WV Workforce De- celebrating their tricentennial and worked to improve the USU’s cur- velopment Council, New River Gorge honoring the town’s cherished place in riculum, research portfolio, external Regional Development Authority, the the State of Maine. relationships, board, and physical Upper Kanawha Valley Economic De- Nestled among one of the many in- plant. The results of these efforts are velopment Corporation, Region 4 Plan- lets of Maine’s rugged coastline near exhibited by the recent full accredita- ning and Development Council, South the mouth of the Kennebec River, tion of the School of Medicine and the Charleston Rotary, and the Fayette Georgetown has a long and storied past Graduate School of Nursing. Dr. Rice County and South Charleston cham- dating back to the end of the 17th cen- recognizes the institution’s unique bers of commerce. tury. During the King Philip’s and military and public health care mis- I have had the pleasure of working King William’s wars in the late 1600s, sions and has worked to ensure that with Jo throughout my time rep- the Kennebec River Valley was a war- lessons learned in a decade of conflict resenting the state of West Virginia in torn and volatile area, but a small set- were incorporated into the curriculum Congress. I am proud to call her my tlement emerged after the conflicts. In and the fabric of the institution, along friend and trusted colleague whose 1716, the town of Georgetown-on- with the Department’s fundamental counsel will be missed. I am thankful Arrowsic was incorporated and has re- humanitarian mission. These impor- for Dr. Harris’s dedication to West Vir- mained an iconic landmark on the tant lessons include advances in trau- ginia’s higher education system and Maine coast ever since. ma care, developing strong leadership the many students she taught and Today Georgetown is known for its skills among Military Health System mentored. Today, I ask my colleagues picturesque landscape and quaint, officers, and increasing diversity in the

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.056 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE S4408 CONGRESSIONAL RECORD — SENATE June 21, 2016 medical corps of the three military continued success in the years to political science. Ben is a dedicated services. come.∑ worker who has been committed to get- Dr. Rice has collaborated closely f ting the most out of his experience. with the leadership of the Walter Reed I extend my sincere thanks and ap- National Military Medical Center and TRIBUTE TO LANE HASKELL preciation to Ben Rogers for all of the the leadership throughout the Military ∑ Mr. THUNE. Mr. President, today I fine work he has done and wish him Health System. He has reached out to recognize Lane Haskell, an intern in continued success in the years to provide more support to the national my Rapid City, SD, office for all of the come.∑ network of Military Treatment Facili- hard work he has done for me, my f ties to forge a ‘‘unity of effort.’’ Dr. staff, and the State of South Dakota. Rice has also worked with the National Lane is a graduate of St. Thomas RECOGNIZING BOBBY JOHNSON Institutes of Health and other Federal More High School in Rapid City, SD. EQUIPMENT COMPANY, INC. agencies to advance education, re- Currently, Lane is attending the Uni- ∑ Mr. VITTER. Mr. President, small search, and health care for our Na- versity of Notre Dame where he is ma- businesses and entrepreneurs are tion’s military beneficiaries and civil- joring in Spanish and political science. known for their toughness and can-do ian communities. Lane is a dedicated worker who has attitude, understanding full well the As president, Dr. Rice founded the been committed to getting the most importance of quality equipment and Post Graduate Dental College and cre- out of his experience. services to get jobs done right the first ated several new graduate degree pro- I extend my sincere thanks and ap- time. For their commitment to pro- grams, including public health edu- preciation to Lane Haskell for all of viding north Louisiana and the sur- cational activities. Through these ef- the fine work he has done and wish him rounding Ark-La-Tex region with the forts, Dr. Rice has helped USU to be- continued success in the years to heavy machinery to keep the region come a multidimensional health come.∑ moving, this week I am glad to an- sciences university dedicated to ad- f nounce Bobby Johnson Equipment vancing the mission of the Military Company, Inc., of Oil City, LA, as Health System. TRIBUTE TO GRAYSON KIELHOLD Small Business of the Week. Prior to USU, Dr. Rice had a distin- ∑ Mr. THUNE. Mr. President, today I In 1973, Bobby Johnson opened his guished career in academic medicine recognize Grayson Kielhold, an intern namesake equipment company in Oil and public service. He served as vice in my Washington, DC, office for all of City, LA, with the goal of serving the chancellor for Health Affairs and vice the hard work he has done for me, my tristate Ark-La-Tex region with qual- dean of the College of Medicine, Uni- staff, and the State of South Dakota. ity heavy equipment products and serv- versity of Illinois at Chicago. Pre- Grayson is a graduate of O’Gorman ices. With a staff boasting over 100 viously, he was professor and chairman High School in Sioux Falls, SD. Cur- combined years of engine and mechan- of surgery at University of Texas rently, Grayson is attending the Uni- ical experience, Bobby Johnson Equip- Southwestern. Dr. Rice also was a Rob- versity of Nebraska-Lincoln where he ment quickly grew in sales and cus- ert Woods Johnson Fellow for former is majoring in marketing. Grayson is a tomer satisfaction. As a family-owned majority leader Senator Tom Daschle dedicated worker who has been com- and operated truck dealer, Mr. Johnson from 1991 to 1992. mitted to getting the most out of his and his employees work directly with Dr. Rice was professor and vice chair- experience. Ark-La-Tex companies to provide man, University of Washington Depart- I extend my sincere thanks and ap- heavy duty trucks, truck parts, trail- ment of Surgery. Before that, he was preciation to Grayson Kielhold for all ers, and equipment. director of the intensive care unit at of the fine work he has done and wish Today Bobby Johnson Equipment Michael Reese Hospital and Medical him continued success in the years to Company has become one of north Lou- Center in Chicago. Prior to Michael come.∑ isiana’s largest suppliers of new and Reese Hospital, Dr. Rice was assistant used parts and services, servicing the professor of surgery at the Pritzker f transportation, construction, and oil School of Medicine, University of Chi- TRIBUTE TO STERLING NIELSEN and natural gas industries. Conven- cago. Dr. Rice has had extensive train- ∑ iently located in Louisiana’s northwest ing with the U.S. Navy Medical Corps Mr. THUNE. Mr. President, today I region, Bobby Johnson Equipment in Bethesda and in San Diego. recognize Sterling Nielsen, an intern in Company provides services to folks in Dr. Rice has deep experience with the my Washington, DC, office for all of and around Little Rock, AR, Tulsa, OK, Nation’s civilian academic health com- the hard work he has done for me, my Jackson, MS, and Dallas, Fort Worth, munity and the Military Health Sys- staff, and the State of South Dakota. and Houston, TX, in addition to their tem. He has brought this knowledge to Sterling is a graduate of St. Olaf Col- far-reaching online sales operation. benefit the USU, and he leaves it a bet- lege in Northfield, MN, having earned a Congratulations again to Bobby ter place. I wish to commend Dr. Rice degree in economics. Currently, Ster- Johnson Equipment Company, Inc., for for his service to the Uniformed Serv- ling is attending the University of being selected as Small Business of the ices University and to the Nation.∑ South Dakota School of Law. Sterling is a dedicated worker who has been Week, and I look forward to your con- f committed to getting the most out of tinued growth and success.∑ TRIBUTE TO RYAN DONNELLY his experience. f ∑ Mr. THUNE. Mr. President, today I I extend my sincere thanks and ap- recognize Ryan Donnelly, an intern in preciation to Sterling Nielsen for all of RECOGNIZING H2O, INC. my Washington, DC, office for all of the fine work he has done and wish him ∑ Mr. VITTER. Mr. President, Lou- the hard work he has done for me, my continued success in the years to isiana is blessed to have an abundance staff, and the State of South Dakota. come.∑ of natural resources, and as a result, Ryan is a graduate of South Dakota f many folks work in the energy indus- State University in Brookings, SD, try. In terms of creating jobs and sup- having earned a degree in agricultural TRIBUTE TO BEN ROGERS plying oil and gas, offshore drilling in business. This fall, Ryan will attend ∑ Mr. THUNE. Mr. President, today I the Gulf of Mexico provides a lot for the University of South Dakota to pur- recognize Ben Rogers, an intern in my families and businesses across the sue a master’s degree in business ad- Washington, DC, office for all of the State, as well as the Nation. For those ministration. Ryan is a dedicated hard work he has done for me, my working on the offshore rigs, safety is worker who has been committed to get- staff, and the State of South Dakota. always a priority. As we approach the ting the most out of his experience. Ben is a graduate of O’Gorman High sixth anniversary of the Deepwater Ho- I extend my sincere thanks and ap- School in Sioux Falls, SD. Currently, rizon oil spill that took the lives of 11 preciation to Ryan Donnelly for all of Ben is attending Creighton University men and devastated our coasts, we the fine work he has done and wish him where he is majoring in economics and must absolutely make sure the workers

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.055 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE June 21, 2016 CONGRESSIONAL RECORD — SENATE S4409 out there are taken care of. One impor- line play an important role in pro- on the Korean Peninsula; the actions tant aspect is ensuring they have reli- tecting our coastal communities from and policies of the Government of able clean drinking water and sewage natural disasters, and coastal restora- North Korea that destabilize the Ko- systems. This week, I would like to tion is among our State’s highest pri- rean Peninsula and imperil U.S. Armed recognize H2O, Inc., from Lafayette, orities. The engineers and scientists at Forces, allies, and trading partners in LA, as Small Business of the Week, for JESCO have also worked on projects the region, including its pursuit of nu- supporting Louisiana’s offshore and testing the salinity for levee construc- clear and missile programs; and other marine industries by providing them tion materials, which in Louisiana is provocative, destabilizing, and repres- with crucial water treatment solu- vital to building levees that will pro- sive actions and policies of the Govern- tions. tect families, businesses, and homes ment of North Korea, continue to con- One of the key issues facing the during a storm. Additionally, JESCO stitute an unusual and extraordinary crews on offshore oil rigs is access to has been contracted for soil and ground threat to the national security, foreign clean and safe potable water, and in water remediation efforts in Breaux policy, and economy of the United 1980, H2O used their southwest Lou- Bridge, LA, and hurricane and disaster States. For this reason, I have deter- isiana ties to provide desalination management for Hurricane Ike. mined that it is necessary to continue units to the offshore and gas market. Small businesses like JECSO are the national emergency with respect to H2O grew considerably when it started leading the way to improve our infra- North Korea. producing marine and offshore potable structure and better protect our fami- BARACK OBAMA. water, sewage, and electrochlorination lies, homes, and businesses. Congratu- THE WHITE HOUSE, June 21, 2016. systems for companies all around the lations to JESCO of Jennings, LA, for f world. With this new range of products, being selected as this week’s Small REPORT ON THE CONTINUATION H2O was able to provide more job op- Business of the Week, and I look for- OF THE NATIONAL EMERGENCY portunities and currently has many ward to your continued growth and THAT WAS ORIGINALLY DE- employees on staff. In 2013, H2O ac- success.∑ CLARED IN EXECUTIVE ORDER quired Owens Manufacturing and Spe- f 13219 OF JUNE 26, 2001, WITH RE- cialty Company, which allowed them SPECT TO THE WESTERN BAL- MESSAGES FROM THE PRESIDENT to venture into the offshore waste- KANS—PM 53 water treatment market. Just last fall, Messages from the president of the The PRESIDING OFFICER laid be- H2O brought in PEPCON systems in United States were communicated to fore the Senate the following message order to strengthen their the Senate by Mr. Pate, one of his sec- from the President of the United electrochlorination services. Today retaries. States, together with an accompanying H2O is known as the region’s leading f report; which was referred to the Com- water system equipment provider and mittee on Banking, Housing, and even holds patents. PRESIDENTIAL MESSAGES Urban Affairs: Congratulations again to H2O for being selected as Small Business of the To the Congress of the United States: Week, and thank you for your commit- REPORT ON THE CONTINUATION Section 202(d) of the National Emer- ment to providing clean water treat- OF THE NATIONAL EMERGENCY gencies Act (50 U.S.C. 1622(d)) provides ment solutions to folks in the Gulf of THAT WAS ORIGINALLY DE- for the automatic termination of a na- Mexico and around the world.∑ CLARED IN EXECUTIVE ORDER tional emergency unless, within 90 f 13466 OF JUNE 26, 2008, WITH RE- days prior to the anniversary date of SPECT TO NORTH KOREA—PM 52 its declaration, the President publishes RECOGNIZING JESCO in the Federal Register and transmits to ∑ The PRESIDING OFFICER laid be- Mr. VITTER. Mr. President, it is no fore the Senate the following message the Congress a notice stating that the secret that, among the many pressing from the President of the United emergency is to continue in effect be- issues facing our Nation, updating our States, together with an accompanying yond the anniversary date. In accord- Nation’s crumbling infrastructure is report; which was referred to the Com- ance with this provision, I have sent to one of the most important. Roads and mittee on Banking, Housing, and the Federal Register for publication the bridges are quite literally the founda- Urban Affairs: enclosed notice stating that the na- tion of our daily lives, and those of us tional emergency with respect to the in Louisiana certainly recognize the To the Congress of the United States: Western Balkans that was declared in importance of upgrading and maintain- Section 202(d) of the National Emer- Executive Order 13219 of June 26, 2001, ing our highways and levees. One small gencies Act (50 U.S.C. 1622(d)) provides is to continue in effect beyond June 26, business based out of Jennings, LA, has for the automatic termination of a na- 2016. been working to improve our State’s tional emergency unless, within 90 The threat constituted by the actions infrastructure, and I would like to rec- days prior to the anniversary date of of persons engaged in, or assisting, ognize JESCO as Small Business of the its declaration, the President publishes sponsoring, or supporting (i) extremist Week for their important progress sup- in the Federal Register and transmits to violence in the Republic of Macedonia porting some of Louisiana’s biggest in- the Congress a notice stating that the and elsewhere in the Western Balkans frastructure and environmental emergency is to continue in effect be- region, or (ii) acts obstructing imple- projects. yond the anniversary date. In accord- mentation of the Dayton Accords in In 1994, a group of Louisiana-based ance with this provision, I have sent to Bosnia and Herzegovina or United Na- professional engineers and scientists the Federal Register for publication the tions Security Council Resolution 1244 established JESCO to provide engineer- enclosed notice stating that the na- of June 10, 1999, in Kosovo, has not ing, construction, disaster preparation tional emergency with respect to North been resolved. In addition, Executive and response, and environmental serv- Korea that was declared in Executive Order 13219 was amended by Executive ices to local and State governments Order 13466 of June 26, 2008, expanded in Order 13304 of May 28, 2003, to take ad- along the Gulf Coast, as well as Federal scope in Executive Order 13551 of Au- ditional steps with respect to acts ob- agencies. Lead by Ms. Alvinette Teal, gust 30, 2010, addressed further in Exec- structing implementation of the Ohrid an experienced geologist and graduate utive Order 13570 of April 18, 2011, fur- Framework Agreement of 2001 relating of Louisiana State University, JESCO ther expanded in scope in Executive to Macedonia. is a federally certified, woman-owned Order 13687 of January 2, 2015, and Because the acts of extremist vio- small business. under which additional steps were lence and obstructionist activity out- Over the last 22 years, JESCO has taken in Executive Order 13722 of lined in these Executive Orders are worked on some of Louisiana’s vitally March 15, 2016, is to continue in effect hostile to U.S. interests and continue important water infrastructure beyond June 26, 2016. to pose an unusual and extraordinary projects, including necessary coastal The existence and risk of prolifera- threat to the national security and for- restoration efforts. Louisiana’s coast- tion of weapons-usable fissile material eign policy of the United States, I have

VerDate Sep 11 2014 04:42 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G21JN6.052 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE S4410 CONGRESSIONAL RECORD — SENATE June 21, 2016 determined that it is necessary to con- By Mrs. FEINSTEIN: the Social Security Act to allow physi- tinue the national emergency declared S. 3080. A bill to direct the Secretary of the cian assistants, nurse practitioners, with respect to the Western Balkans. Interior to convey certain public lands in and clinical nurse specialists to super- San Bernardino County, California, to the BARACK OBAMA. vise cardiac, intensive cardiac, and pul- San Bernardino Valley Water Conservation THE WHITE HOUSE, June 21, 2016. monary rehabilitation programs. District, and to accept in return certain ex- f changed non-public lands, and for other pur- S. 590 poses; to the Committee on Energy and Nat- At the request of Mrs. MCCASKILL, PRIVILEGED NOMINATIONS ural Resources. the name of the Senator from Mary- REFERRED TO COMMITTEE By Mr. CASSIDY (for himself, Mr. land (Ms. MIKULSKI) was added as a co- On request by Senator HATCH, under KIRK, Ms. KLOBUCHAR, and Mr. JOHN- sponsor of S. 590, a bill to amend the the authority of S. Res. 116, 112th Con- SON): Higher Education Act of 1965 and the S. 3081. A bill to amend title 38, United gress, the following nominations were Jeanne Clery Disclosure of Campus Se- States Code, to provide certain employees of curity Policy and Campus Crime Sta- referred to the Committee on Finance: members of Congress with access to case- Robert D. Reischauer, of Maryland, to be a tracking information of the Department of tistics Act to combat campus sexual vi- Member of the Board of Trustees of the Fed- Veterans Affairs; to the Committee on Vet- olence, and for other purposes. eral Supplementary Medical Insurance Trust erans’ Affairs. S. 1555 Fund for a term of four years. (Reappoint- f At the request of Ms. HIRONO, the ment) names of the Senator from West Vir- Robert D. Reischauer, of Maryland, to be a SUBMISSION OF CONCURRENT AND ginia (Mrs. CAPITO), the Senator from Member of the Board of Trustees of the Fed- SENATE RESOLUTIONS Rhode Island (Mr. REED), the Senator eral Old-Age and Survivors Insurance Trust from Montana (Mr. DAINES) and the Fund and the Federal Disability Insurance The following concurrent resolutions Trust Fund for a term of four years. (Re- and Senate resolutions were read, and Senator from Kansas (Mr. MORAN) were appointment) referred (or acted upon), as indicated: added as cosponsors of S. 1555, a bill to Robert D. Reischauer, of Maryland, to be a By Mr. BOOZMAN (for himself and Mr. award a Congressional Gold Medal, col- Member of the Board of Trustees of the Fed- LEAHY): lectively, to the Filipino veterans of eral Hospital Insurance Trust Fund for a S. Res. 504. A resolution recognizing the World War II, in recognition of the term of four years. (Reappointment) 70th anniversary of the Fulbright Program; dedicated service of the veterans dur- The following requests for referral to the Committee on Foreign Relations. ing World War II. were submitted on Monday, June 20, By Mr. CORKER (for himself, Mr. S. 1735 2016. CARDIN, and Mr. COTTON): At the request of Mr. NELSON, the S. Res. 505. A resolution expressing the On request by Senator SCHUMER, Sen- name of the Senator from Rhode Island sense of the Senate regarding compliance en- (Mr. REED) was added as a cosponsor of ator WHITEHOUSE, and Senator WAR- forcement of Russian violations of the Open REN, under the authority of S. Res. 116, Skies Treaty; to the Committee on Foreign S. 1735, a bill to modernize the 112th Congress, the following nomina- Relations. Undetectable Firearms Act of 1988. tions were referred to the Committee By Mr. CORKER (for himself and Mr. S. 1766 on Finance: CARDIN): At the request of Mr. SCHATZ, the Charles P. Blahous, III, of Maryland, to be S. Res. 506. A resolution expressing the name of the Senator from Pennsyl- a Member of the Board of Trustees of the sense of the Senate in support of the North vania (Mr. CASEY) was added as a co- Federal Supplementary Medical Insurance Atlantic Treaty Organization and the NATO sponsor of S. 1766, a bill to direct the Trust Fund for a term of four years. (Re- summit to be held in Warsaw, Poland from Secretary of Defense to review the dis- July 8–9, 2016, and in support of committing appointment) charge characterization of former Charles P. Blahous, III, of Maryland, to be NATO to a security posture capable of deter- ring threats to the Alliance; to the Com- members of the Armed Forces who a Member of the Board of Trustees of the were discharged by reason of the sexual Federal Old-Age and Survivors Insurance mittee on Foreign Relations. Trust Fund and the Federal Disability Insur- By Mr. BURR (for himself and Mr. orientation of the member, and for ance Trust Fund for a term of four years. TESTER): other purposes. (Reappointment) S. Res. 507. A resolution designating July S. 2067 Charles P. Blahous, III, of Maryland, to be 8, 2016, as Collector Car Appreciation Day At the request of Mr. WICKER, the a Member of the Board of Trustees of the and recognizing that the collection and res- name of the Senator from Missouri toration of historic and classic cars is an im- Federal Hospital Insurance Trust Fund for a (Mr. BLUNT) was added as a cosponsor term of four years. (Reappointment) portant part of preserving the technological achievements and cultural heritage of the of S. 2067, a bill to establish EUREKA f United States; considered and agreed to. Prize Competitions to accelerate dis- covery and development of disease- f REPORTS OF COMMITTEES modifying, preventive, or curative The following reports of committees ADDITIONAL COSPONSORS treatments for Alzheimer’s disease and were submitted: S. 122 related dementia, to encourage efforts to enhance detection and diagnosis of By Mr. INHOFE, from the Committee on At the request of Mr. MCCAIN, the Environment and Public Works, without such diseases, or to enhance the qual- name of the Senator from Oregon (Mr. amendment: ity and efficiency of care of individuals MERKLEY) was added as a cosponsor of S. 2816. A bill to reauthorize the diesel with such diseases. S. 122, a bill to amend the Federal emissions reduction program (Rept. No. 114– S. 2230 284). Food, Drug, and Cosmetic Act to allow for the personal importation of safe At the request of Mr. CRUZ, the name f of the Senator from Georgia (Mr. and affordable drugs from approved PERDUE) was added as a cosponsor of S. INTRODUCTION OF BILLS AND pharmacies in Canada. 2230, a bill to require the Secretary of JOINT RESOLUTIONS S. 391 State to submit a report to Congress The following bills and joint resolu- At the request of Mr. PAUL, the name on the designation of the Muslim tions were introduced, read the first of the Senator from Oklahoma (Mr. Brotherhood as a foreign terrorist or- and second times by unanimous con- LANKFORD) was added as a cosponsor of ganization, and for other purposes. sent, and referred as indicated: S. 391, a bill to preserve and protect the S. 2424 By Ms. WARREN (for herself and Mr. free choice of individual employees to At the request of Mrs. GILLIBRAND, DAINES): form, join, or assist labor organiza- the name of the Senator from Con- S. 3078. A bill to increase portability of and tions, or to refrain from such activi- necticut (Mr. BLUMENTHAL) was added access to retirement savings, and for other ties. as a cosponsor of S. 2424, a bill to purposes; to the Committee on Finance. S. 488 By Mr. TESTER: amend the Public Health Service Act S. 3079. A bill to improve the management At the request of Mr. SCHUMER, the to reauthorize a program for early de- of the Federal coal leasing program; to the name of the Senator from Delaware tection, diagnosis, and treatment re- Committee on Energy and Natural Re- (Mr. COONS) was added as a cosponsor garding deaf and hard-of-hearing sources. of S. 488, a bill to amend title XVIII of newborns, infants, and young children.

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JN6.006 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE June 21, 2016 CONGRESSIONAL RECORD — SENATE S4411 S. 2595 Department of Defense during World S. RES. 503 At the request of Mr. CRAPO, the War II that were conducted to assess At the request of Mr. CARDIN, the name of the Senator from New York the effects of mustard gas or lewisite names of the Senator from Rhode Is- (Mrs. GILLIBRAND) was added as a co- on people, and for other purposes. land (Mr. WHITEHOUSE), the Senator sponsor of S. 2595, a bill to amend the S. 3032 from Delaware (Mr. CARPER), the Sen- Internal Revenue Code of 1986 to per- At the request of Mr. ISAKSON, the ator from Florida (Mr. RUBIO) and the manently extend the railroad track name of the Senator from New Jersey Senator from California (Mrs. BOXER) maintenance credit. (Mr. MENENDEZ) was added as a cospon- were added as cosponsors of S. Res. 503, S. 2622 sor of S. 3032, a bill to provide for an a resolution recognizing June 20, 2016, At the request of Mrs. GILLIBRAND, increase, effective December 1, 2016, in as ‘‘World Refugee Day’’ . the name of the Senator from New the rates of compensation for veterans AMENDMENT NO. 4689 York (Mr. SCHUMER) was added as a co- with service-connected disabilities and At the request of Ms. MIKULSKI, the sponsor of S. 2622, a bill to authorize the rates of dependency and indemnity names of the Senator from Maryland the Secretary of the Interior to con- compensation for the survivors of cer- (Mr. CARDIN), the Senator from North duct a special resource study of Fort tain disabled veterans, and for other Dakota (Ms. HEITKAMP), the Senator Ontario in the State of New York. purposes. from Montana (Mr. TESTER) and the S. 2680 At the request of Mr. MCCAIN, his Senator from California (Mrs. FEIN- At the request of Mr. ALEXANDER, the name was added as a cosponsor of S. STEIN) were added as cosponsors of names of the Senator from Colorado 3032, supra. amendment No. 4689 intended to be pro- (Mr. GARDNER) and the Senator from S. 3056 posed to H.R. 2578, a bill making appro- Delaware (Mr. COONS) were added as co- At the request of Mr. LEAHY, the priations for the Departments of Com- sponsors of S. 2680, a bill to amend the names of the Senator from Maine (Ms. merce and Justice, Science, and Re- Public Health Service Act to provide COLLINS) and the Senator from Mis- lated Agencies for the fiscal year end- comprehensive mental health reform, souri (Mrs. MCCASKILL) were added as ing September 30, 2016, and for other and for other purposes. cosponsors of S. 3056, a bill to provide purposes. AMENDMENT NO. 4732 S. 2854 for certain causes of action relating to delays of generic drugs and biosimilar At the request of Mr. INHOFE, the At the request of Mr. BURR, the name of the Senator from New York (Mr. biological products. name of the Senator from Alabama S. 3060 (Mr. SESSIONS) was added as a cospon- SCHUMER) was added as a cosponsor of S. 2854, a bill to reauthorize the Em- At the request of Mr. GRASSLEY, the sor of amendment No. 4732 intended to mett Till Unsolved Civil Rights Crime name of the Senator from Alaska (Ms. be proposed to H.R. 2578, a bill making Act of 2007. MURKOWSKI) was added as a cosponsor appropriations for the Departments of of S. 3060, a bill to provide an exception Commerce and Justice, Science, and S. 2873 from certain group health plan require- Related Agencies for the fiscal year At the request of Mr. HATCH, the ments for qualified small employer ending September 30, 2016, and for name of the Senator from Washington health reimbursement arrangements. other purposes. (Ms. CANTWELL) was added as a cospon- S. CON. RES. 35 AMENDMENT NO. 4762 sor of S. 2873, a bill to require studies At the request of Mr. RUBIO, the At the request of Mr. MERKLEY, the and reports examining the use of, and name of the Senator from Georgia (Mr. names of the Senator from Hawaii (Ms. opportunities to use, technology-en- PERDUE) was added as a cosponsor of S. HIRONO), the Senator from New York abled collaborative learning and capac- Con. Res. 35, a concurrent resolution (Mrs. GILLIBRAND), the Senator from ity building models to improve pro- expressing the sense of Congress that Washington (Ms. CANTWELL), the Sen- grams of the Department of Health and the United States should continue to ator from North Dakota (Ms. Human Services, and for other pur- exercise its veto in the United Nations HEITKAMP), the Senator from Maryland poses. Security Council on resolutions regard- (Mr. CARDIN), the Senator from Massa- S. 2890 ing the Israeli-Palestinian peace proc- chusetts (Ms. WARREN) and the Senator At the request of Ms. AYOTTE, the ess. from California (Mrs. FEINSTEIN) were name of the Senator from Michigan S. CON. RES. 38 added as cosponsors of amendment No. (Ms. STABENOW) was added as a cospon- At the request of Mr. RUBIO, the 4762 intended to be proposed to H.R. sor of S. 2890, a bill to require the Sec- name of the Senator from Georgia (Mr. 2578, a bill making appropriations for retary of the Treasury to mint coins in PERDUE) was added as a cosponsor of S. the Departments of Commerce and Jus- recognition of Christa McAuliffe. Con. Res. 38, a concurrent resolution tice, Science, and Related Agencies for S. 2895 reaffirming the Taiwan Relations Act the fiscal year ending September 30, At the request of Mr. CORNYN, the and the Six Assurances as cornerstones 2016, and for other purposes. name of the Senator from Oklahoma of United States-Taiwan relations. AMENDMENT NO. 4783 (Mr. INHOFE) was added as a cosponsor S. RES. 432 At the request of Mrs. BOXER, the of S. 2895, a bill to extend the civil At the request of Mr. CARDIN, the name of the Senator from California statute of limitations for victims of name of the Senator from Vermont (Mrs. FEINSTEIN) was added as a co- Federal sex offenses. (Mr. SANDERS) was added as a cospon- sponsor of amendment No. 4783 in- S. 2921 sor of S. Res. 432, a resolution sup- tended to be proposed to H.R. 2578, a At the request of Mr. ISAKSON, the porting respect for human rights and bill making appropriations for the De- name of the Senator from California encouraging inclusive governance in partments of Commerce and Justice, (Mrs. BOXER) was added as a cosponsor Ethiopia. Science, and Related Agencies for the of S. 2921, a bill to amend title 38, S. RES. 482 fiscal year ending September 30, 2016, United States Code, to improve the ac- At the request of Mr. RUBIO, the and for other purposes. countability of employees of the De- name of the Senator from Georgia (Mr. AMENDMENT NO. 4787 partment of Veterans Affairs, to im- PERDUE) was added as a cosponsor of S. At the request of Mr. MCCAIN, the prove health care and benefits for vet- Res. 482, a resolution urging the Euro- names of the Senator from South Caro- erans, and for other purposes. pean Union to designate Hizballah in lina (Mr. GRAHAM), the Senator from S. 3023 its entirety as a terrorist organization Idaho (Mr. RISCH), the Senator from At the request of Mrs. MCCASKILL, and to increase pressure on the organi- Iowa (Mrs. ERNST), the Senator from the name of the Senator from North zation and its members to the fullest Oklahoma (Mr. INHOFE) and the Sen- Carolina (Mr. BURR) was added as a co- extent possible. ator from South Dakota (Mr. ROUNDS) sponsor of S. 3023, a bill to provide for At the request of Mrs. SHAHEEN, the were added as cosponsors of amend- the reconsideration of claims for dis- name of the Senator from Pennsyl- ment No. 4787 proposed to H.R. 2578, a ability compensation for veterans who vania (Mr. CASEY) was added as a co- bill making appropriations for the De- were the subjects of experiments by the sponsor of S. Res. 482, supra. partments of Commerce and Justice,

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JN6.010 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE S4412 CONGRESSIONAL RECORD — SENATE June 21, 2016 Science, and Related Agencies for the cept in return certain exchanged non- Additionally, the legislation will fiscal year ending September 30, 2016, public lands, and for other purposes; to allow the continued use of land and and for other purposes. the Committee on Energy and Natural mineral resources while maintaining At the request of Mr. CORNYN, the Resources. the biological and hydrological re- names of the Senator from North Caro- Mrs. FEINSTEIN. Mr. President, I sources of the area in an environ- lina (Mr. TILLIS), the Senator from am pleased to introduce the Santa Ana mentally sensitive manner. Louisiana (Mr. VITTER), the Senator River Wash Plan Land Exchange Act. I want to applaud diverse members of from Florida (Mr. RUBIO), the Senator This legislation directs the transfer of the Wash Committee that worked to- from Kansas (Mr. ROBERTS), the Sen- land between the San Bernardino Val- gether, including the Cities of Highland ator from Illinois (Mr. KIRK) and the ley Water Conservation District, the and Redlands, East Valley Water Dis- Senator from Indiana (Mr. COATS) were District, and the Bureau of Land Man- trict, the County of San Bernardino, added as cosponsors of amendment No. agement in San Bernardino, California, Robertson’s Ready Mix, CEMEX, the 4787 proposed to H.R. 2578, supra. BLM. San Bernardino Valley Municipal The bill is the culmination of years f Water District, and the San Bernardino of collaboration between numerous fed- Valley Water Conservation District, STATEMENTS ON INTRODUCED eral and state agencies, private indus- along with the Federal, State and local BILLS AND JOINT RESOLUTIONS try and municipalities representing stakeholders for their continued work By Ms. WARREN (for herself and mining, flood control, water supply and on the Wash Plan. Mr. DAINES): wildlife conservation, among other in- This group has demonstrated that S. 3078. A bill to increase portability terests. while it takes significant time, funding of and access to retirement savings, Included among the supporters of and cooperation, it is possible to simul- and for other purposes; to the Com- this land exchange are: County of San taneously protect the environment and mittee on Finance. Bernardino; City of Redlands; City of support local jobs, business and com- Mr. DAINES. Mr. President, today Highland; San Bernardino Water Con- munity interests. Senator WARREN and I have joined to- servation District; San Bernardino Val- I would also like to thank my col- ley Municipal Water District; East Val- gether to introduce the Retirement leagues, Representatives PETE AGUILAR ley Water District; Endangered Habi- Savings Lost and Found Act. This im- and PAUL COOK, for introducing similar tats League; CEMEX Construction Ma- portant piece of legislation is critical legislation in the House. to addressing key issues that exist in terials Pacific; Robertson’s Ready Mix; I look forward to working with my and Inland Action. the regulatory framework for retire- colleagues to pass the Santa Ana River In 1993, representatives from this di- ment plans. Wash Plan Land Exchange Act. Montanans are conservative folks verse group formed the ‘‘Wash Com- mittee’’ to address mining issues in the f who know the value of a hard-earned upper Santa Ana River wash area. dollar. With the poor economic recov- SUBMITTED RESOLUTIONS The role of the Committee subse- ery and slow wage growth, working quently expanded in 1997 to consider Montanans cannot afford to have the broad range of land uses in the SENATE RESOLUTION 504—RECOG- money withheld from their paychecks area, including natural resource con- NIZING THE 70TH ANNIVERSARY and placed into retirement accounts, servation. OF THE FULBRIGHT PROGRAM only to lose track of those accounts or The Wash Committee developed a Mr. BOOZMAN (for himself and Mr. have their retirement plans decline strategy that focused on ‘‘best uses’’ LEAHY) submitted the following resolu- over time due to limitations placed on for more comprehensive planning and investment options. Now more than tion; which was referred to the Com- not focusing on private property mittee on Foreign Relations: ever, our country needs the best laws boundaries that would segment the S. RES. 504 to usher everyday Americans into a area. The result is a project expected sound retirement. to produce a Land Management and Whereas August 1, 2016, marks the 70th an- Working Americans are losing hard- Habitat Conservation Plan covering niversary of President Harry S. Truman signing into law the Act of August 1, 1946 (60 earned dollars up until the time when 4,500 acres. they need it most—their retirement. Stat. 754, chapter 723) (commonly known as The land exchange takes place in a the ‘‘Fulbright Act of 1946’’); When an employee leaves a job, it is designated region within the Santa Whereas the Fulbright Program was estab- often hard for them to keep track of Ana Wash, at the junction of the Santa lished by Senator James William Fulbright their retirement accounts during these Ana River and Mill Creek. of Arkansas for the ‘‘promotion of inter- transitional times. Our bill is a com- Currently, land within the Santa Ana national good will through the exchange of monsense approach that will empower Wash is owned by both the District and students in the fields of education, culture, individuals to take control of their re- BLM. and science’’; tirement futures. The Retirement Sav- The land parcels owned by the Dis- Whereas the Fulbright Program is spon- ings Lost and Found Act will allow trict are currently used for recharging sored by the Bureau of Educational and Cul- tural Affairs of the Department of State; Montanans to be that much more pre- the local groundwater aquifer through Whereas the Fulbright Program provides pared to spend their golden years well the use of more than 77 basins, and also approximately 8,000 grants annually and, as with friends and family by providing a provide rare Riversidian sage scrub of 2016, operates in more than 160 countries, means to locate lost retirement ac- habitat for a number of State and fed- including 50 that have established cost-shar- counts and allow better investment op- erally listed species. In addition, under ing binational commissions; tions to ensure those investments grow this plan, new land would be set aside Whereas approximately 1,300 institutions rather than erode over time. for conservation purposes near land al- of higher education in the United States, I appreciate the work of Senator ready managed by BLM. both public and private, host students at The exchange of land between the home and send scholars abroad; WARREN on completion of this impor- Whereas current Fulbright students and tant bill. Together, we can help indi- District and BLM will connect a cur- scholars hail from all 50 States and 2 United viduals make the most of their retire- rent patchwork of separately owned States territories, and approximately a quar- ment options by providing sound policy land parcels into a consolidated open ter are from minority or underrepresented that has the potential to save billions space for conservation purposes and populations; over the years for those among us who will optimize mining efficiency and Whereas more than 370,000 individuals from need it most. water conservation efforts. across the globe have benefitted from this The land transfer resulting from this unique opportunity; By Mrs. FEINSTEIN: legislation will lead to more protection Whereas alumni of the Fulbright Program S. 3080. A bill to direct the Secretary efforts for habitat, improved include 54 Nobel Prize laureates, 82 recipi- ents of the Pulitzer Prize, 33 heads of state, of the Interior to convey certain public connectivity in the wildlife corridor, 16 Presidential Medal of Freedom recipients, lands in San Bernardino County, Cali- expanded groundwater recharge for 8 members of the United States Congress, fornia, to the San Bernardino Valley water supply, and the future establish- and a former Secretary-General of the Water Conservation District, and to ac- ment of public access and trails. United Nations;

VerDate Sep 11 2014 04:27 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JN6.011 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE June 21, 2016 CONGRESSIONAL RECORD — SENATE S4413 Whereas, on April 21, 2016, an American SENATE RESOLUTION 505—EX- coupled with an ongoing refusal to address Elm was planted on the grounds of the PRESSING THE SENSE OF THE compliance concerns raised by other States United States Capitol in recognition of the SENATE REGARDING COMPLI- Party subject to such restrictions; 70th anniversary of the Fulbright Program; ANCE ENFORCEMENT OF RUS- (2) it is essential to the accomplishment of and the purpose of the Open Skies Treaty that SIAN VIOLATIONS OF THE OPEN Open Skies Treaty aircraft be able to observe Whereas the Fulbright Program promotes SKIES TREATY United States higher education abroad and the entire territory of a State Party in a remains a valuable diplomatic tool: Now, Mr. CORKER (for himself, Mr. timely and reciprocal manner as provided for therefore, be it CARDIN, and Mr. COTTON) submitted the under the Open Skies Treaty; (3) the Russian Federation’s restrictions Resolved, That the Senate— following resolution; which was re- ferred to the Committee on Foreign upon the ability of Open Skies Treaty air- (1) recognizes the 70th anniversary of the craft to overfly all portions of the territory Fulbright Program; Relations: of the Russian Federation constitute viola- (2) encourages the President and the Sec- S. RES. 505 tions of the Open Skies Treaty; and retary of State to work with the Bureau of Whereas the Treaty on Open Skies, done at (4) for so long as the Russian Federation Educational and Cultural Affairs of the De- Helsinki March 24, 1992, and entered into remains in noncompliance with the Open partment of State to support the work of the force January 1, 2002 (in this resolution re- Skies Treaty, the United States should take Fulbright Program; ferred to as the ‘‘Open Skies Treaty’’), which such measures as are necessary to bring (3) congratulates all past and present re- established a regime for unarmed aerial ob- about the Russian Federation’s return to full cipients of Fulbright awards; and servation flights over the entire territory of compliance with its treaty obligations, in- (4) calls on students, scholars, and profes- its participants, is one of the most wide- cluding, as appropriate, through the imposi- sionals around the world to seek out oppor- ranging international efforts to date to pro- tion of restrictions upon Russian overflights tunities to engage with each other and pro- mote openness and transparency of military of the United States. mote international good will. forces and activities; Whereas the United States Government f Mr. BOOZMAN. Mr. President, today, has declared that strengthening and main- along with Senator LEAHY, I submit a taining European security is a top priority SENATE RESOLUTION 506—EX- resolution recognizing the 70th Anni- for the United States, that the Open Skies Treaty is a key element of the Euro-Atlantic PRESSING THE SENSE OF THE versary of the Fulbright Program. security architecture, and that arms control SENATE IN SUPPORT OF THE On August 1, 1946, President Harry S. is a key part of that effort because robust NORTH ATLANTIC TREATY OR- Truman signed into law legislation au- multilateral conventional arms control ar- GANIZATION AND THE NATO rangements contribute to a more stable and thored by Senator James William Ful- secure European continent; SUMMIT TO BE HELD IN WAR- bright of Arkansas, creating a program Whereas, according to Secretary of State SAW, POLAND FROM JULY 8–9, that used the proceeds from selling sur- James Baker, addressing the Open Skies 2016, AND IN SUPPORT OF COM- plus war property to fund international Conference in 1990, the end of the Cold War MITTING NATO TO A SECURITY exchanges between the United States gave the Open Skies Treaty new importance POSTURE CAPABLE OF DETER- as a stabilizing factor in East-West relations, and other countries. Senator RING THREATS TO THE ALLI- openness and transparency in military mat- ANCE Fulbright’s program has gone on to be- ters offered ‘‘the most direct path to greater come the largest education exchange predictability and reduced risk of inad- Mr. CORKER (for himself and Mr. vertent war,’’ and Open Skies Treaty was program in history, and still works to CARDIN) submitted the following reso- thus ‘‘potentially the most ambitious meas- ‘‘promote peace and mutual under- ure to build confidence ever undertaken’’; lution; which was referred to the Com- standing’’ around the world. Counted Whereas, according to the President’s let- mittee on Foreign Relations: among its more than 370,000 alumni are ter of submittal for the Open Skies Treaty S. RES. 506 82 Pulitzer Prize recipients, 54 Nobel provided to Congress by the Secretary of State on August 12, 1992, it is the purpose of Whereas the North Atlantic Treaty, signed Prize laureates, and 33 heads of states. the Open Skies Treaty to promote openness April 4, 1949, in Washington, District of Co- In the aftermath of World War II, and transparency of military forces and ac- lumbia, which created the North Atlantic Senator Fulbright understood that in- tivities and to enhance mutual under- Treaty Organization (‘‘NATO’’), proclaims: ‘‘[Members] are determined to safeguard the dividual exchanges and person to per- standing and confidence by giving States Party a direct role in gathering information freedom, common heritage and civilisation son interactions are the best way to about military forces and activities of con- of their peoples, founded on the principles of build a deep abiding understanding of cern to them; democracy, individual liberty and the rule of other cultures and to promote peace. Whereas, according to the Report on Ad- law. They seek to promote stability and Today, as violence and intolerance herence to and Compliance with Arms Con- well-being in the North Atlantic area. They trol, Nonproliferation, and Disarmament are resolved to unite their efforts for collec- grow across the globe, I believe the Agreements and Commitments published by tive defence and for the preservation of Fulbright program remains a beacon of the Department of State on April 11, 2016 (in peace and security.’’; hope for a better future. The academic this resolution referred to as the ‘‘2016 Com- Whereas NATO has been the backbone of and cultural opportunities provided to pliance Report’’), the Russian Federation the European security architecture for 67 ‘‘continues not to meet its obligations years, evolving to meet the changing trans- participants in the program ensure [under the Open Skies Treaty] to allow effec- atlantic geopolitical and security environ- that ‘‘international good will through tive observation of its entire territory, rais- ment; the exchange of students in the fields ing serious compliance concerns’’; Whereas NATO continues its mission in Af- of education, culture, and science’’ con- Whereas, according to the 2016 Compliance ghanistan following the September 11, 2001, tinues to grow when it is so sorely Report, Russian conduct giving rise to com- attacks on the United States; pliance concerns has continued since the Whereas, at the NATO Wales Summit in needed. Open Skies Treaty entered into force in 2002 September 2014, NATO reaffirmed the Alli- I believe that you change the world and worsened in 2010, 2014, and 2015; and ance’s role in transatlantic security and its through personal relationships, and am Whereas, according to the 2016 Compliance ability to respond to emerging security Report, ongoing efforts by the United States threats and challenges; very proud as an Arkansan and an and other States Party to the Open Skies Whereas Alliance members at the NATO American of the success of the Ful- Treaty to address these concerns through Wales Summit defined the new security par- bright exchange. I would like to thank dialogue with the Russian Federation ‘‘have adigm when they stated, ‘‘Russia’s aggres- the Fulbright Program, the staff at the not resolved any of the compliance con- sive actions against Ukraine have fundamen- cerns.’’: Now, therefore, be it tally challenged our vision of a Europe Institute of International Education Resolved, That it is the sense of the Senate whole, free, and at peace. Growing insta- who administer the program, the Ful- that— bility in our southern neighborhood, from bright Association, and the Bureau of (1) restrictions upon the ability of Open the Middle East to North Africa, as well as Educational and Cultural Affairs at the Skies Treaty aircraft to overfly all portions transnational and multi-dimensional State Department for their incredible of the territory of a State Party impede threats, are also challenging our security. openness and transparency of military forces These can all have long-term consequences work over the last 70 years. and activities and undermine mutual under- for peace and security in the Euro-Atlantic standing and confidence, especially when region and stability across the globe.’’;

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JN6.016 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE S4414 CONGRESSIONAL RECORD — SENATE June 21, 2016 Whereas, at the 2014 NATO Wales Summit, Treaty and contribute to the security of the portant part of preserving the technological Alliance members addressed this changed se- North Atlantic area: Now, therefore, be it achievements and cultural heritage of the curity environment by committing to en- Resolved, That the Senate— United States; and hancing readiness and collective defense; in- (1) recognizes the service of the brave men (3) encourages the people of the United creasing defense spending and boosting mili- and women who have served to safeguard the States to engage in events and commemora- tary capabilities; and improving NATO sup- freedom and security of the United States tions of Collector Car Appreciation Day that port for partner countries through the De- and the whole of the transatlantic alliance; create opportunities for collector car owners fense Capacity Building Initiative; (2) encourages Alliance members at the to educate young people about the impor- Whereas, although Article 14 of the Wales NATO Warsaw Summit to promote unity and tance of preserving the cultural heritage of Declaration calls on all members of the alli- solidarity, and to ensure a robust security the United States, including through the col- ance to spend a minimum of 2 percent of posture capable of deterring any potential lection and restoration of collector cars. their Gross Domestic Product (GDP) on de- adversary, in the face of the complex and f fense within a decade, currently only five changing security environment confronting members are achieving that target; the Alliance on its eastern, northern, and AMENDMENTS SUBMITTED AND Whereas, after the 2014 Wales Summit, the southern fronts; PROPOSED Russian military invaded Ukraine, adding (3) urges all NATO members to invest at Crimea to the list of areas illegally con- SA 4791. Mr. COATS submitted an amend- least two percent of GDP in defense spending ment intended to be proposed to amendment trolled by Moscow, including Georgia’s and carry an equitable burden in supporting SA 4685 proposed by Mr. SHELBY (for himself Abkhazia and South Ossetia regions; the resource requirements and defense capa- and Ms. MIKULSKI) to the bill H.R. 2578, mak- Whereas Russian-backed separatists in bilities of the Alliance; Eastern Ukraine continue to destabilize the ing appropriations for the Departments of (4) reaffirms its commitment to NATO’s Commerce and Justice, Science, and Related region with support from the Government of collective security as guaranteed by Article the Russian Federation; Agencies for the fiscal year ending Sep- 5 of the North Atlantic Treaty; tember 30, 2016, and for other purposes; which Whereas the Government of the Russian (5) recognizes Georgia’s troop contribu- Federation continues to undertake provoca- was ordered to lie on the table. tions to missions abroad, its robust defense SA 4792. Mrs. FEINSTEIN submitted an tive, unprofessional, and dangerous actions spending, and its ongoing efforts to strength- towards NATO air and naval forces and con- amendment intended to be proposed to en its democratic and military institutions amendment SA 4685 proposed by Mr. SHELBY tinues to exercise hybrid warfare capabilities for NATO accession; and against member and nonmember states along (for himself and Ms. MIKULSKI) to the bill (6) recognizes the ongoing work of NATO’s H.R. 2578, supra; which was ordered to lie on its western borders; Resolute Support Mission in Afghanistan, Whereas Poland and the Baltic States of the table. with 12,000 troops advising and assisting Af- SA 4793. Mr. REED (for himself and Mr. Estonia, Latvia, and Lithuania are on the ghanistan’s security ministries, and army WHITEHOUSE) submitted an amendment in- frontlines of renewed Russian aggression and and police commands across the country. hybrid warfare, including disinformation tended to be proposed to amendment SA 4685 campaigns, cyber threats, and snap military f proposed by Mr. SHELBY (for himself and Ms. MIKULSKI) to the bill H.R. 2578, supra; which exercises along the Alliance’s eastern flank; SENATE RESOLUTION 507—DESIG- Whereas President Barack Obama proposed was ordered to lie on the table. NATING JULY 8, 2016, AS COL- SA 4794. Mr. REED (for himself and Mr. a quadrupling of the European Reassurance LECTOR CAR APPRECIATION DAY WHITEHOUSE) submitted an amendment in- Initiative in fiscal year 2017 to $3,400,000,000 tended to be proposed to amendment SA 4685 in order to enhance the United States com- AND RECOGNIZING THAT THE mitment to NATO, to support Europe’s de- COLLECTION AND RESTORATION proposed by Mr. SHELBY (for himself and Ms. fense, and to deter further Russian aggres- OF HISTORIC AND CLASSIC CARS MIKULSKI) to the bill H.R. 2578, supra; which sion; was ordered to lie on the table. IS AN IMPORTANT PART OF PRE- SA 4795. Ms. HEITKAMP submitted an Whereas the cornerstone of NATO’s collec- SERVING THE TECHNOLOGICAL amendment intended to be proposed to tive defense initiative is the Readiness Ac- ACHIEVEMENTS AND CULTURAL amendment SA 4685 proposed by Mr. SHELBY tion Plan, intended to enable a continuous HERITAGE OF THE UNITED (for himself and Ms. MIKULSKI) to the bill NATO military presence on the Alliance’s H.R. 2578, supra; which was ordered to lie on periphery, especially its easternmost states, STATES which includes enhanced troop rotations, the table. Mr. BURR (for himself and Mr. SA 4796. Mr. PORTMAN (for himself and military exercises, and the establishment of TESTER) submitted the following reso- Mr. BROWN) submitted an amendment in- a Very High Readiness Task Force; lution; which was considered and tended to be proposed to amendment SA 4685 Whereas, in follow-up to commitments agreed to: proposed by Mr. SHELBY (for himself and Ms. made at the NATO Wales Summit, NATO MIKULSKI) to the bill H.R. 2578, supra; which and the Government of Georgia agreed on a S. RES. 507 was ordered to lie on the table. ‘‘Substantial Package’’ of cooperation and Whereas many people in the United States SA 4797. Mr. THUNE submitted an amend- defense reform initiatives to strengthen maintain classic automobiles as a pastime ment intended to be proposed to amendment Georgia’s resilience and self-defense capa- and do so with great passion and as a means SA 4685 proposed by Mr. SHELBY (for himself bilities and develop closer security coopera- of individual expression; and Ms. MIKULSKI) to the bill H.R. 2578, tion and interoperability with NATO mem- Whereas the Senate recognizes the effect supra; which was ordered to lie on the table. bers, including through the establishment of that the more than 100-year history of the SA 4798. Mr. PORTMAN submitted an the Joint Training and Evaluation Center, automobile has had on the economic amendment intended to be proposed to which was inaugurated in 2015; progress of the United States and supports amendment SA 4685 proposed by Mr. SHELBY Whereas the threat of transnational ter- wholeheartedly all activities involved in the (for himself and Ms. MIKULSKI) to the bill rorism has resulted in attacks in Turkey, restoration and exhibition of classic auto- H.R. 2578, supra; which was ordered to lie on France, Belgium, and the United States, and mobiles; the table. the Islamic State of Iraq and the Levant Whereas the collection, restoration, and SA 4799. Mr. BARRASSO submitted an (ISIL) continues to pose a real and evolving preservation of automobiles is an activity amendment intended to be proposed to threat to member states, other countries in shared across generations and across all seg- amendment SA 4685 proposed by Mr. SHELBY Europe, and the broader international com- ments of society; (for himself and Ms. MIKULSKI) to the bill munity; Whereas thousands of local car clubs and H.R. 2578, supra; which was ordered to lie on Whereas the migration crisis from the Syr- related businesses have been instrumental in the table. ian civil war, the conflict in Afghanistan, preserving a historic part of the heritage of SA 4800. Mr. COTTON submitted an amend- and economic and humanitarian crises in Af- the United States by encouraging the res- ment intended to be proposed to amendment rica have placed a great strain on member toration and exhibition of such vintage SA 4685 proposed by Mr. SHELBY (for himself states; works of art; and Ms. MIKULSKI) to the bill H.R. 2578, Whereas the NATO summit in Warsaw, Po- Whereas automotive restoration provides supra; which was ordered to lie on the table. land, is an opportunity to enhance and more well-paying, high-skilled jobs for people in SA 4801. Mr. COTTON submitted an amend- deeply entrench those principles and build on all 50 States; and ment intended to be proposed to amendment our collective security, which continue to Whereas automobiles have provided the in- SA 4685 proposed by Mr. SHELBY (for himself bind the Alliance together and guide our ef- spiration for music, photography, cinema, and Ms. MIKULSKI) to the bill H.R. 2578, forts today; and fashion, and other artistic pursuits that have supra; which was ordered to lie on the table. Whereas, on May 19, 2016, Foreign Min- become part of the popular culture of the SA 4802. Mr. COTTON submitted an amend- isters of NATO member states signed an Ac- United States: Now, therefore, be it ment intended to be proposed to amendment cession Protocol to officially endorse and le- Resolved, That the Senate— SA 4685 proposed by Mr. SHELBY (for himself gally move forward Montenegro’s member- (1) designates July 8, 2016, as ‘‘Collector and Ms. MIKULSKI) to the bill H.R. 2578, ship in the Alliance, which, consistent with Car Appreciation Day’’; supra; which was ordered to lie on the table. NATO’s ‘‘Open Door policy’’, would indeed (2) recognizes that the collection and res- SA 4803. Mr. FLAKE submitted an amend- further the principles of the North Atlantic toration of historic and classic cars is an im- ment intended to be proposed to amendment

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SA 4685 proposed by Mr. SHELBY (for himself to be proposed to the amendment SA 4685 SA 4685 proposed by Mr. SHELBY (for himself and Ms. MIKULSKI) to the bill H.R. 2578, proposed by Mr. SHELBY (for himself and Ms. and Ms. MIKULSKI) to the bill H.R. 2578, supra; which was ordered to lie on the table. MIKULSKI) to the bill H.R. 2578, supra; which supra; which was ordered to lie on the table. SA 4804. Mr. COTTON submitted an amend- was ordered to lie on the table. SA 4836. Mr. CRUZ submitted an amend- ment intended to be proposed to amendment SA 4821. Mr. REID submitted an amend- ment intended to be proposed to amendment SA 4685 proposed by Mr. SHELBY (for himself ment intended to be proposed to amendment SA 4685 proposed by Mr. SHELBY (for himself and Ms. MIKULSKI) to the bill H.R. 2578, SA 4685 proposed by Mr. SHELBY (for himself and Ms. MIKULSKI) to the bill H.R. 2578, supra; which was ordered to lie on the table. and Ms. MIKULSKI) to the bill H.R. 2578, supra; which was ordered to lie on the table. SA 4805. Mr. FLAKE submitted an amend- supra; which was ordered to lie on the table. SA 4837. Mr. SASSE submitted an amend- ment intended to be proposed by him to the SA 4822. Mr. REID submitted an amend- ment intended to be proposed to amendment bill H.R. 2578, supra; which was ordered to lie ment intended to be proposed to amendment SA 4685 proposed by Mr. SHELBY (for himself on the table. SA 4821 submitted by Mr. REID and intended and Ms. MIKULSKI) to the bill H.R. 2578, SA 4806. Mr. FLAKE submitted an amend- to be proposed to the amendment SA 4685 supra; which was ordered to lie on the table. ment intended to be proposed by him to the proposed by Mr. SHELBY (for himself and Ms. SA 4838. Mr. SASSE submitted an amend- bill H.R. 2578, supra; which was ordered to lie MIKULSKI) to the bill H.R. 2578, supra; which ment intended to be proposed to amendment on the table. was ordered to lie on the table. SA 4685 proposed by Mr. SHELBY (for himself SA 4807. Mr. FLAKE submitted an amend- SA 4823. Mr. REID submitted an amend- and Ms. MIKULSKI) to the bill H.R. 2578, ment intended to be proposed by him to the ment intended to be proposed to amendment supra; which was ordered to lie on the table. bill H.R. 2578, supra; which was ordered to lie SA 4685 proposed by Mr. SHELBY (for himself SA 4839. Mr. SASSE submitted an amend- on the table. and Ms. MIKULSKI) to the bill H.R. 2578, ment intended to be proposed to amendment SA 4808. Mr. FLAKE submitted an amend- supra; which was ordered to lie on the table. SA 4685 proposed by Mr. SHELBY (for himself ment intended to be proposed by him to the SA 4824. Mr. REID submitted an amend- and Ms. MIKULSKI) to the bill H.R. 2578, bill H.R. 2578, supra; which was ordered to lie ment intended to be proposed to amendment supra; which was ordered to lie on the table. on the table. SA 4823 submitted by Mr. REID and intended SA 4840. Mr. SASSE submitted an amend- SA 4809. Mr. FLAKE submitted an amend- to be proposed to the amendment SA 4685 ment intended to be proposed to amendment ment intended to be proposed by him to the proposed by Mr. SHELBY (for himself and Ms. SA 4685 proposed by Mr. SHELBY (for himself bill H.R. 2578, supra; which was ordered to lie MIKULSKI) to the bill H.R. 2578, supra; which and Ms. MIKULSKI) to the bill H.R. 2578, on the table. was ordered to lie on the table. supra; which was ordered to lie on the table. SA 4810. Mr. FLAKE submitted an amend- SA 4825. Mr. REID submitted an amend- SA 4841. Mr. PORTMAN (for himself and ment intended to be proposed by him to the ment intended to be proposed to amendment Mr. BROWN) submitted an amendment in- bill H.R. 2578, supra; which was ordered to lie SA 4685 proposed by Mr. SHELBY (for himself tended to be proposed to amendment SA 4685 on the table. and Ms. MIKULSKI) to the bill H.R. 2578, proposed by Mr. SHELBY (for himself and Ms. SA 4811. Mr. FLAKE submitted an amend- supra; which was ordered to lie on the table. MIKULSKI) to the bill H.R. 2578, supra; which SA 4826. Mr. REID submitted an amend- ment intended to be proposed to amendment was ordered to lie on the table. ment intended to be proposed to amendment SA 4842. Mr. CORNYN (for himself and Mr. SA 4685 proposed by Mr. SHELBY (for himself SA 4825 submitted by Mr. REID and intended UDALL) submitted an amendment intended and Ms. MIKULSKI) to the bill H.R. 2578, to be proposed to the amendment SA 4685 to be proposed to amendment SA 4685 pro- supra; which was ordered to lie on the table. SA 4812. Mr. FLAKE submitted an amend- proposed by Mr. SHELBY (for himself and Ms. posed by Mr. SHELBY (for himself and Ms. MI- ment intended to be proposed to amendment MIKULSKI) to the bill H.R. 2578, supra; which KULSKI) to the bill H.R. 2578, supra; which was ordered to lie on the table. was ordered to lie on the table. SA 4685 proposed by Mr. SHELBY (for himself SA 4827. Mr. WARNER submitted an SA 4843. Mr. SASSE (for himself and Mr. and Ms. MIKULSKI) to the bill H.R. 2578, amendment intended to be proposed to FRANKEN) submitted an amendment intended supra; which was ordered to lie on the table. amendment SA 4685 proposed by Mr. SHELBY to be proposed by him to the bill H.R. 2578, SA 4813. Mr. FLAKE submitted an amend- (for himself and Ms. MIKULSKI) to the bill supra; which was ordered to lie on the table. ment intended to be proposed to amendment H.R. 2578, supra; which was ordered to lie on SA 4844. Mrs. BOXER (for herself, Ms. SA 4685 proposed by Mr. SHELBY (for himself the table. CANTWELL, Mrs. MURRAY, and Mr. WYDEN) and Ms. MIKULSKI) to the bill H.R. 2578, SA 4828. Mr. WARNER submitted an submitted an amendment intended to be pro- supra; which was ordered to lie on the table. amendment intended to be proposed to posed to amendment SA 4685 proposed by Mr. SA 4814. Ms. COLLINS (for herself, Ms. amendment SA 4685 proposed by Mr. SHELBY SHELBY (for himself and Ms. MIKULSKI) to the HEITKAMP, Ms. AYOTTE, Mr. HEINRICH, Mr. (for himself and Ms. MIKULSKI) to the bill bill H.R. 2578, supra; which was ordered to lie FLAKE, Mr. KAINE, Mr. GRAHAM, Mr. KING, H.R. 2578, supra; which was ordered to lie on on the table. Mr. NELSON, Mr. MANCHIN, and Ms. BALDWIN) the table. SA 4845. Mr. SASSE submitted an amend- submitted an amendment intended to be pro- SA 4829. Mr. MENENDEZ submitted an ment intended to be proposed by him to the posed to amendment SA 4685 proposed by Mr. amendment intended to be proposed to bill H.R. 2578, supra; which was ordered to lie SHELBY (for himself and Ms. MIKULSKI) to the amendment SA 4685 proposed by Mr. SHELBY on the table. bill H.R. 2578, supra; which was ordered to lie (for himself and Ms. MIKULSKI) to the bill SA 4846. Mrs. BOXER (for herself, Mrs. on the table. H.R. 2578, supra; which was ordered to lie on MURRAY, and Mr. WYDEN) submitted an SA 4815. Mr. REID submitted an amend- the table. amendment intended to be proposed to ment intended to be proposed to amendment SA 4830. Mr. MENENDEZ submitted an amendment SA 4685 proposed by Mr. SHELBY SA 4685 proposed by Mr. SHELBY (for himself amendment intended to be proposed to (for himself and Ms. MIKULSKI) to the bill and Ms. MIKULSKI) to the bill H.R. 2578, amendment SA 4685 proposed by Mr. SHELBY H.R. 2578, supra; which was ordered to lie on supra; which was ordered to lie on the table. (for himself and Ms. MIKULSKI) to the bill the table. SA 4816. Mr. REID submitted an amend- H.R. 2578, supra; which was ordered to lie on SA 4847. Mr. BROWN (for himself and Mr. ment intended to be proposed to amendment the table. PORTMAN) submitted an amendment intended SA 4815 submitted by Mr. REID and intended SA 4831. Mr. MENENDEZ submitted an to be proposed to amendment SA 4685 pro- to be proposed to the amendment SA 4685 amendment intended to be proposed to posed by Mr. SHELBY (for himself and Ms. MI- proposed by Mr. SHELBY (for himself and Ms. amendment SA 4685 proposed by Mr. SHELBY KULSKI) to the bill H.R. 2578, supra; which MIKULSKI) to the bill H.R. 2578, supra; which (for himself and Ms. MIKULSKI) to the bill was ordered to lie on the table. was ordered to lie on the table. H.R. 2578, supra; which was ordered to lie on SA 4848. Ms. MIKULSKI (for herself, Mr. SA 4817. Mr. REID submitted an amend- the table. LEAHY, Ms. BALDWIN, Mr. NELSON, Ms. ment intended to be proposed to amendment SA 4832. Mr. MENENDEZ (for himself, Mr. HIRONO, Mr. DURBIN, and Mr. BROWN) sub- SA 4685 proposed by Mr. SHELBY (for himself BLUMENTHAL, Mr. MURPHY, and Mr. CARDIN) mitted an amendment intended to be pro- and Ms. MIKULSKI) to the bill H.R. 2578, submitted an amendment intended to be pro- posed to amendment SA 4685 proposed by Mr. supra; which was ordered to lie on the table. posed to amendment SA 4685 proposed by Mr. SHELBY (for himself and Ms. MIKULSKI) to the SA 4818. Mr. REID submitted an amend- SHELBY (for himself and Ms. MIKULSKI) to the bill H.R. 2578, supra; which was ordered to lie ment intended to be proposed to amendment bill H.R. 2578, supra; which was ordered to lie on the table. SA 4817 submitted by Mr. REID and intended on the table. SA 4849. Mr. BURR (for himself and Ms. to be proposed to the amendment SA 4685 SA 4833. Mr. KIRK submitted an amend- CANTWELL) submitted an amendment in- proposed by Mr. SHELBY (for himself and Ms. ment intended to be proposed to amendment tended to be proposed to amendment SA 4685 MIKULSKI) to the bill H.R. 2578, supra; which SA 4685 proposed by Mr. SHELBY (for himself proposed by Mr. SHELBY (for himself and Ms. was ordered to lie on the table. and Ms. MIKULSKI) to the bill H.R. 2578, MIKULSKI) to the bill H.R. 2578, supra; which SA 4819. Mr. REID submitted an amend- supra; which was ordered to lie on the table. was ordered to lie on the table. ment intended to be proposed to amendment SA 4834. Mr. HATCH submitted an amend- SA 4850. Mr. SASSE submitted an amend- SA 4685 proposed by Mr. SHELBY (for himself ment intended to be proposed to amendment ment intended to be proposed to amendment and Ms. MIKULSKI) to the bill H.R. 2578, SA 4688 submitted by Mr. WYDEN and in- SA 4685 proposed by Mr. SHELBY (for himself supra; which was ordered to lie on the table. tended to be proposed to the bill H.R. 2578, and Ms. MIKULSKI) to the bill H.R. 2578, SA 4820. Mr. REID submitted an amend- supra; which was ordered to lie on the table. supra; which was ordered to lie on the table. ment intended to be proposed to amendment SA 4835. Mr. HATCH submitted an amend- SA 4851. Mr. SASSE submitted an amend- SA 4819 submitted by Mr. REID and intended ment intended to be proposed to amendment ment intended to be proposed to amendment

VerDate Sep 11 2014 02:47 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JN6.021 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE S4416 CONGRESSIONAL RECORD — SENATE June 21, 2016 SA 4685 proposed by Mr. SHELBY (for himself trator of the National Oceanic and Atmos- ment intended to be proposed to and Ms. MIKULSKI) to the bill H.R. 2578, pheric Administration shall submit to the amendment SA 4685 proposed by Mr. supra; which was ordered to lie on the table. Committee on Appropriations of the Senate, SHELBY (for himself and Ms. MIKULSKI) SA 4852. Mr. McCONNELL (for Mrs. ERNST) the Committee on Appropriations of the to the bill H.R. 2578, making appropria- proposed an amendment to the bill H.R. 1777, House of Representatives, and the Commis- to amend the Act of August 25, 1958, com- sioner of the Bureau of Reclamation a fully tions for the Departments of Commerce monly known as the ‘‘Former Presidents Act documented plan to carry out the actions and Justice, Science, and Related of 1958’’, with respect to the monetary allow- and activities described in subsection (a). Agencies for the fiscal year ending Sep- ance payable to a former President, and for tember 30, 2016, and for other purposes; other purposes. SA 4793. Mr. REED (for himself and which was ordered to lie on the table; SA 4853. Mr. McCONNELL (for Mr. THUNE) Mr. WHITEHOUSE) submitted an amend- as follows: proposed an amendment to the bill S. 2736, to ment intended to be proposed to On page 80, between lines 17 and 18, insert improve access to durable medical equip- amendment SA 4685 proposed by Mr. the following: ment for Medicare beneficiaries under the SHELBY (for himself and Ms. MIKULSKI) GENERAL PROVISIONS Medicare program, and for other purposes. to the bill H.R. 2578, making appropria- SEC. 301. (a) SENSE OF CONGRESS.—It is the f tions for the Departments of Commerce sense of Congress that— TEXT OF AMENDMENTS and Justice, Science, and Related (1) conducting deep space exploration re- Agencies for the fiscal year ending Sep- quires radioisotope power systems, such as SA 4791. Mr. COATS submitted an tember 30, 2016, and for other purposes; thermoelectric and Stirling generators and amendment intended to be proposed to which was ordered to lie on the table; converters; amendment SA 4685 proposed by Mr. as follows: (2) establishing continuity in the produc- SHELBY (for himself and Ms. MIKULSKI) At the appropriate place, insert the fol- tion of the material needed to power such ra- to the bill H.R. 2578, making appropria- lowing: dioisotope power systems is paramount to the success of future deep space missions; tions for the Departments of Commerce SEC. ll. ADDITION OF RHODE ISLAND TO THE and Justice, Science, and Related MID-ATLANTIC FISHERY MANAGE- and (3) Federal agencies supporting the Na- Agencies for the fiscal year ending Sep- MENT COUNCIL. Section 302(a)(1)(B) of the Magnuson-Ste- tional Aeronautics and Space Administra- tember 30, 2016, and for other purposes; vens Fishery Conservation and Management tion through the production of the material which was ordered to lie on the table; Act (16 U.S.C. 1852(a)(1)(B)) is amended— described in paragraph (2) should do so in a as follows: (1) by inserting ‘‘Rhode Island,’’ after cost effective manner so as not to impose ex- On page 80, between lines 17 and 18, insert ‘‘States of’’; cessive reimbursement requirements on the the following: (2) by inserting ‘‘Rhode Island,’’ after ‘‘ex- Administration. SEC. 301. Funds appropriated or made cept North Carolina,’’; (b) ANALYSIS OF REQUIREMENTS AND available under the heading ‘‘NATIONAL (3) by striking ‘‘21’’ and inserting ‘‘23’’; and RISKS.—The Director of the Office of Science SCIENCE FOUNDATION’’ under the heading (4) by striking ‘‘13’’ and inserting ‘‘14’’. and Technology Policy and the Adminis- ‘‘SCIENCE’’ under this title to award re- trator of the National Aeronautics and Space search grants may be made available to in- SA 4794. Mr. REED (for himself and Administration, in consultation with the crease the transparency, to the maximum Mr. WHITEHOUSE) submitted an amend- heads of other Federal agencies, shall con- extent practicable, of any grant application ment intended to be proposed to duct an analysis of— submitted by a recipient of such grant, pro- amendment SA 4685 proposed by Mr. (1) the requirements of the National Aero- nautics and Space Administration for radio- vided that doing so does not compromise in- SHELBY (for himself and Ms. MIKULSKI) tellectual property, competitive advantage, isotope power system material that is needed to the bill H.R. 2578, making appropria- to carry out planned, high priority robotic or the privacy of such recipients or other in- tions for the Departments of Commerce dividuals associated with the grant. missions in the solar system and other sur- and Justice, Science, and Related face exploration activities beyond low-Earth Agencies for the fiscal year ending Sep- SA 4792. Mrs. FEINSTEIN submitted orbit; and tember 30, 2016, and for other purposes; (2) the risks to missions of the Administra- an amendment intended to be proposed which was ordered to lie on the table; tion in meeting those requirements, or any to amendment SA 4685 proposed by Mr. as follows: additional requirements, due to a lack of SHELBY (for himself and Ms. MIKULSKI) At the appropriate place, insert the fol- adequate radioisotope power system mate- to the bill H.R. 2578, making appropria- lowing: rial. (c) CONTENTS OF ANALYSIS.—The analysis tions for the Departments of Commerce SEC. ll. None of the funds in this Act and Justice, Science, and Related shall be provided to the Mid-Atlantic Fish- conducted under subsection (b) shall— Agencies for the fiscal year ending Sep- ery Management Council to prepare a fishery (1) detail the current projected mission re- tember 30, 2016, and for other purposes; management plan or amendment or to take quirements and associated timeframes for radioisotope power systems and radioisotope which was ordered to lie on the table; other action that does not include the full participation, including in votes of the Coun- power system material; as follows: cil, of the principal official with marine fish- (2) explain the assumptions used to deter- At the appropriate place, insert the fol- ery management responsibility (or a des- mine the requirements of the National Aero- lowing: ignee) for the State of Rhode Island and one nautics and Space Administration for the SEC. ll. (a) Not later than 90 days after additional representative designated by the material, including— the date of the enactment of this Act, the Secretary of Commerce from among at least (A) the planned use of advanced thermal Administrator of the National Oceanic and three qualified individuals recommended by conversion technology, such as advanced Atmospheric Administration shall submit to Governor of the State of Rhode Island. thermocouples and Stirling generators and the Committee on Appropriations of the Sen- converters; and ate and the Committee on Appropriations of SA 4795. Ms. HEITKAMP submitted (B) the risks and implications of, and con- the House of Representatives a fully docu- an amendment intended to be proposed tingencies for, any delays or unanticipated mented report that includes the following: to amendment SA 4685 proposed by Mr. technical challenges affecting or related to (1) A list of the specific actions the Admin- SHELBY (for himself and Ms. MIKULSKI) the mission plans of the Administration for istrator will implement through 2021 to pro- to the bill H.R. 2578, making appropria- the anticipated use of advanced thermal con- mote the recovery of the Sacramento River tions for the Departments of Commerce version technology; winter-run Chinook salmon and the basis for and Justice, Science, and Related (3) assess the risk to the programs of the such actions. Administration of any potential delays in (2) An evaluation of the causes of salmon Agencies for the fiscal year ending Sep- achieving the schedule and milestones for mortality rates in 2014 and 2015 in the Sac- tember 30, 2016, and for other purposes; planned domestic production of radioisotope ramento River and a description of activities which was ordered to lie on the table; power system material; to be carried out to address such mortality. as follows: (4) outline a process for meeting any addi- (3) An evaluation of the reliability of data On page 5, line 13, insert ‘‘: Provided, That tional Administration requirements for the from rotary-screw traps and other facilities of the grants awarded through such section material; at Red Bluff Diversion Dam used to evaluate 27, funds shall be awarded to university incu- (5) estimate the incremental costs required the year-class strength of Sacramento River bators eligible to participate in the Experi- to increase the amount of material produced winter-run Chinook salmon and an assess- mental Program to Stimulate Competitive each year, if such an increase is needed to ment of the potential benefits of increasing Research of the National Science Founda- support additional Administration require- data collection further upstream on the Sac- tion’’ after ‘‘27’’. ments for the material; ramento River and during high flow events. (6) detail how the Administration and (b) Not later than 180 days after the date of SA 4796. Mr. PORTMAN (for himself other Federal agencies will manage, operate, the enactment of this Act, the Adminis- and Mr. BROWN) submitted an amend- and fund production facilities and the design

VerDate Sep 11 2014 03:15 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JN6.022 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE June 21, 2016 CONGRESSIONAL RECORD — SENATE S4417 and development of all radioisotope power Department of Justice to investigate, liti- tember 30, 2016, and for other purposes; systems used by the Administration and gate, or pursue any other tax enforcement which was ordered to lie on the table; other Federal agencies as necessary; action against any person found to be delin- as follows: (7) specify the steps the Administrator will quent in paying a tax on any amount income take, in consultation with the Secretary of which would be includible in gross income by At the appropriate place, insert the fol- Energy, to preserve the infrastructure and reasons of the discharge (in whole or in part) lowing: workforce necessary for production of radio- of any loan described in the subsection (b) if SEC. ll. AUTHORITY FOR ROVING SURVEIL- isotope power systems and ensure that Ad- such discharge was — LANCE UNDER THE FOREIGN INTEL- ministration reimbursements to the Depart- (1) pursuant to subsection (a) or (d) of sec- LIGENCE SURVEILLANCE ACT OF ment of Energy associated with such preser- tion 437 of the Higher Education Act of 1965 1978. vation are equitable and justified; or the parallel benefit under part D of title Section 102(b)(1) of the USA PATRIOT Im- (8) identify the steps the Administrator IV of such Act (relating to the repayment of provement and Reauthorization Act of 2005 will take to preserve taxpayer investment to loan liability), (Public Law 109–177; 50 U.S.C. 1805 note, 50 date in Advanced Stirling Convertor tech- (2) pursuant to section 464(c)(1)(F) of such U.S.C. 1861 note, and 50 U.S.C. 1862 note) is nology; and Act, or amended by striking ‘‘and section 105(c)(2) (9) detail how the Administrator has imple- (3) otherwise discharged on account of the read as they’’ and inserting ‘‘reads as it’’. mented or rejected the recommendations of death or total and permanent disability of the National Research Council in the 2009 re- the student. SA 4802. Mr. COTTON submitted an port titled ‘‘Radioisotope Power Systems: An (b) LOANS DESCRIBED.—A loan is described amendment intended to be proposed to Imperative for Maintaining U.S. Leadership in this subsection if such loan is— amendment SA 4685 proposed by Mr. in Space Exploration’’. (1) a student loan (as defined in section SHELBY (for himself and Ms. MIKULSKI) (d) TRANSMITTAL.—Not later than 180 days 108(f)(2) of the Internal Revenue Code of to the bill H.R. 2578, making appropria- after the date of the enactment of this Act, 1986), or the Administrator of the National Aero- (2) a private education loan (as defined in tions for the Departments of Commerce nautics and Space Administration shall section 140(7) of the Consumer Credit Protec- and Justice, Science, and Related transmit the results of the analysis con- tion Act (15 U.S.C. 1650(7))). Agencies for the fiscal year ending Sep- ducted under subsection (b) to the Com- tember 30, 2016, and for other purposes; mittee on Commerce, Science, and Transpor- SA 4799. Mr. BARRASSO submitted which was ordered to lie on the table; tation of the Senate and the Committee on an amendment intended to be proposed as follows: Science, Space, and Technology of the House to amendment SA 4685 proposed by Mr. of Representatives. At the appropriate place, insert the fol- SHELBY (for himself and Ms. MIKULSKI) lowing: SA 4797. Mr. THUNE submitted an to the bill H.R. 2578, making appropria- SEC. ll. ACCESS TO CERTAIN BUSINESS amendment intended to be proposed to tions for the Departments of Commerce RECORDS COLLECTED UNDER THE amendment SA 4685 proposed by Mr. and Justice, Science, and Related FOREIGN INTELLIGENCE SURVEIL- Agencies for the fiscal year ending Sep- LANCE ACT OF 1978 PRIOR TO NO- SHELBY (for himself and Ms. MIKULSKI) VEMBER 29, 2015. to the bill H.R. 2578, making appropria- tember 30, 2016, and for other purposes; (a) IN GENERAL.—Notwithstanding any tions for the Departments of Commerce which was ordered to lie on the table; other provision of law, the Director of the and Justice, Science, and Related as follows: National Security Agency shall have access Agencies for the fiscal year ending Sep- At the appropriate place, insert the fol- to all business records collected under sec- tember 30, 2016, and for other purposes; lowing: tion 501 of the Foreign Intelligence Surveil- which was ordered to lie on the table; SEC. lll. No funds made available by lance Act of 1978 (50 U.S.C. 1861) prior to No- as follows: this Act may be expended from the amounts vember 29, 2015, in the same manner and for At the appropriate place, insert the fol- appropriated under section 1304 of title 31, the same purposes that the Director had ac- lowing: United States Code, to pay final judgments, cess to such records prior to such date. SEC. ll. (a) The Administrator of the Na- awards, compromise settlements, or interest (b) REQUIREMENT TO MAINTAIN BUSINESS tional Oceanic and Atmospheric Administra- or costs specified in the judgments or other- RECORDS.—Notwithstanding any other provi- tion shall ensure that the Administration re- wise authorized by law if such payment is sion of law, the Director of the National Se- sponds in a timely manner to a request from otherwise provided for, including expendi- curity Agency shall maintain each business Congress or the Congressional Budget Office, tures that Congress has otherwise limited or record referred to in subsection (a) for the 5- including a response to questions for the restricted. year period beginning on the date that such record, a letter from a Member of Congress, record was acquired under section 501 of the a request for technical assistance, or views SA 4800. Mr. COTTON submitted an Foreign Intelligence Surveillance Act of 1978 on legislation. amendment intended to be proposed to (50 U.S.C. 1861). (b) The Administrator of the National Oce- amendment SA 4685 proposed by Mr. (c) EFFECTIVE PERIOD.—The authority for anic and Atmospheric Administration shall SHELBY (for himself and Ms. MIKULSKI) access to business records under subsection submit to Congress an annual report on the to the bill H.R. 2578, making appropria- (a) shall be in effect during the 5-year period requests for information submitted to the tions for the Departments of Commerce beginning on the date of the enactment of Administration during the previous year and this Act. the timeliness of responses to such requests. and Justice, Science, and Related Agencies for the fiscal year ending Sep- Each such report shall include— Mr. FLAKE submitted an tember 30, 2016, and for other purposes; SA 4803. (1) the number of such requests made by amendment intended to be proposed to members of Congress or the Congressional which was ordered to lie on the table; amendment SA 4685 proposed by Mr. Budget Office and the response time for each as follows: such request; and SHELBY (for himself and Ms. MIKULSKI) At the appropriate place, insert the fol- to the bill H.R. 2578, making appropria- (2) the number of such requests made under lowing: section 552 of title 5 (commonly referred to tions for the Departments of Commerce SEC. ll. REPEAL OF SUNSET OF TITLE VII OF as the ‘‘Freedom of Information Act’’) and THE FOREIGN INTELLIGENCE SUR- and Justice, Science, and Related the response time for each such request. VEILLANCE ACT OF 1978. Agencies for the fiscal year ending Sep- (a) REPEAL.—Section 403 of the FISA tember 30, 2016, and for other purposes; SA 4798. Mr. PORTMAN submitted an Amendments Act of 2008 (Public Law 110–261; amendment intended to be proposed to which was ordered to lie on the table; 122 Stat. 2474) is amended by striking sub- as follows: amendment SA 4685 proposed by Mr. section (b). SHELBY (for himself and Ms. MIKULSKI) (b) CONFORMING AMENDMENT.—Section 404 Beginning on page 11, strike line 9 and all to the bill H.R. 2578, making appropria- of the FISA Amendments Act of 2008 (Public that follows through ‘‘$119,000,000’’ on page tions for the Departments of Commerce Law 110–261; 50 U.S.C. 1801 note) is amended 12, line 8, and insert the following and Justice, Science, and Related by striking subsection (b). For necessary expenses of the National In- stitute of Standards and Technology (NIST), Agencies for the fiscal year ending Sep- SA 4801. Mr. COTTON submitted an $680,000,000, to remain available until ex- tember 30, 2016, and for other purposes; amendment intended to be proposed to pended, of which not to exceed $9,000,000 may which was ordered to lie on the table; amendment SA 4685 proposed by Mr. be transferred to the ‘‘Working Capital as follows: Fund’’: Provided, That not to exceed $5,000 SHELBY (for himself and Ms. MIKULSKI) shall be for official reception and representa- On page 68, between lines 20 and 21, insert to the bill H.R. 2578, making appropria- the following: tion expenses: Provided further, That NIST SEC. 218. (a) IN GENERAL.— tions for the Departments of Commerce may provide local transportation for summer None of the funds made available in this and Justice, Science, and Related undergraduate research fellowship program Act may be used by the Tax Division of the Agencies for the fiscal year ending Sep- participants.

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INDUSTRIAL TECHNOLOGY SERVICES Telecommunications Services’’ (81 Fed. Reg. of appropriate consequences have resulted in For necessary expenses for industrial tech- 23359 (April 20, 2016)) or for assisting in such gains in border security in the Yuma Sector. nology services, $135,000,000, to remain avail- litigation in any other way. (3) A key to the success in the Yuma Sec- able until expended, of which $130,000,000 tor has been the implementation of Oper- shall be for the Hollings Manufacturing Ex- SA 4807. Mr. FLAKE submitted an ation Streamline, a program established in tension Partnership, and of which $5,000,000 amendment intended to be proposed by 2005 that was described by former Depart- shall be for the National Network for Manu- him to the bill H.R. 2578, making ap- ment of Homeland Security Secretary Janet facturing Innovation. propriations for the Departments of Napolitano as ‘‘a DHS partnership with the Department of Justice, . . . a geographically CONSTRUCTION OF RESEARCH FACILITIES Commerce and Justice, Science, and Related Agencies for the fiscal year focused operation that aims to increase the For construction of new research facilities, consequences for illegally crossing the bor- including architectural and engineering de- ending September 30, 2016, and for der by criminally prosecuting illegal border- sign, and for renovation and maintenance of other purposes; which was ordered to crossers.’’. existing facilities, not otherwise provided for lie on the table; as follows: (4) The Yuma County Sheriff’s Office, the National Institute of Standards and At the appropriate place, insert the fol- which is known for its ‘‘zero-tolerance’’ ap- Technology, as authorized by sections 13 lowing: proach, cites 100 percent prosecution of ille- through 15 of the National Institute of SEC. lll. None of the funds made avail- gal border crossers as a shared goal of a part- Standards and Technology Act (15 U.S.C. able under this Act may be used by the De- nership including Federal, State, and local 278c–278e), $50,000,000 partment of Justice to seek enforcement of law enforcement agencies. any forfeiture obtained by consent decree (5) Among the various consequences deliv- SA 4804. Mr. COTTON submitted an pursuant to any final rule based on the pro- ered to illegal crossers by the Department of amendment intended to be proposed to posed rule of the Federal Communications Homeland Security, Operation Streamline is amendment SA 4685 proposed by Mr. Commission entitled ‘‘Protecting the Pri- associated with a recidivism rate that is well SHELBY (for himself and Ms. MIKULSKI) vacy of Customers of Broadband and Other below average and has seen a steady decrease to the bill H.R. 2578, making appropria- Telecommunications Services’’ (81 Fed. Reg. in recidivism in recent years. tions for the Departments of Commerce 23359 (April 20, 2016)). (6) The United States Attorney’s Office for and Justice, Science, and Related the District of Arizona will reportedly no SA 4808. Mr. FLAKE submitted an longer be prosecuting those apprehended Agencies for the fiscal year ending Sep- amendment intended to be proposed by crossing the border illegally for the first tember 30, 2016, and for other purposes; him to the bill H.R. 2578, making ap- time. which was ordered to lie on the table; propriations for the Departments of (7) According to the Sheriff of Yuma Coun- as follows: Commerce and Justice, Science, and ty, Operation Streamline ‘‘had a deterrent At the appropriate place, insert the fol- Related Agencies for the fiscal year effect in Yuma County, which gained a rep- lowing: utation as an area to avoid crossing into be- ending September 30, 2016, and for cause if caught, you were assured to go to SEC. ll. PERMANENT AUTHORITY FOR INDI- other purposes; which was ordered to VIDUAL TERRORIST TO BE TREATED court and possibly face penalties’’, but now AS AGENTS OF FOREIGN POWERS lie on the table; as follows: the program ‘‘has been severely diluted.’’. UNDER THE FOREIGN INTEL- At the appropriate place in title V, insert (b) SENSE OF THE SENATE.—It is the sense LIGENCE SURVEILLANCE ACT OF the following: of the Senate that— 1978. SEC. 5lll. STUDY ON DRUG TRAFFICKING. (1) gains made in border security in the Section 6001 of the Intelligence Reform and Not later than 1 year after the date of en- Yuma Sector and positive trends in recidi- Terrorism Prevention Act of 2004 (50 U.S.C. actment of this Act, the Comptroller General vism rates are of critical importance to 1801 note) is amended by striking subsection of the United States shall conduct a study those living and working in the border re- (b). and submit a report to Congress on the im- gion and to the Nation as a whole; pact that the trafficking of narcotics, spe- (2) refusing to prosecute first time illegal SA 4805. Mr. FLAKE submitted an cifically opioids and methamphetamine, border crossers under Operation Streamline amendment intended to be proposed by through States that border Mexico has on will jeopardize border security gains; him to the bill H.R. 2578, making ap- substance abuse of narcotics by the residents (3) the border security steps that have led propriations for the Departments of of such States. to some measure of improvement on the bor- Commerce and Justice, Science, and der, such as the historical implementation of Related Agencies for the fiscal year SA 4809. Mr. FLAKE submitted an Operation Streamline, should be preserved; and ending September 30, 2016, and for amendment intended to be proposed by him to the bill H.R. 2578, making ap- (4) the Executive Branch should imme- other purposes; which was ordered to diately remove any issued or related prohibi- lie on the table; as follows: propriations for the Departments of Commerce and Justice, Science, and tion, policy, guidance, or direction to cease At the appropriate place, insert the fol- prosecuting first time illegal border crossers lowing: Related Agencies for the fiscal year under Operation Streamline. SEC. lll. None of the funds made avail- ending September 30, 2016, and for able to the Department of Justice under this other purposes; which was ordered to SA 4811. Mr. FLAKE submitted an Act may be used in the seizure of funds lie on the table; as follows: amendment intended to be proposed to through civil or criminal forfeiture based on On page 158, line 12, strike ‘‘$68,000,000’’ and amendment SA 4685 proposed by Mr. a violation of paragraph (1) or (3) of section insert ‘‘$62,500,000’’. SHELBY (for himself and Ms. MIKULSKI) 5324(a) of title 31, United States Code, unless On page 159, line 3, strike ‘‘$5,000,000’’ and to the bill H.R. 2578, making appropria- the seizure satisfies the requirements de- insert ‘‘$10,500,000’’. tions for the Departments of Commerce scribed in conditions set forth in the Depart- ment of Justice Policy Directive 15–3 (March SA 4810. Mr. FLAKE submitted an and Justice, Science, and Related 31, 2015). amendment intended to be proposed by Agencies for the fiscal year ending Sep- him to the bill H.R. 2578, making ap- tember 30, 2016, and for other purposes; SA 4806. Mr. FLAKE submitted an propriations for the Departments of which was ordered to lie on the table; amendment intended to be proposed by Commerce and Justice, Science, and as follows: him to the bill H.R. 2578, making ap- Related Agencies for the fiscal year At the appropriate place, insert the fol- propriations for the Departments of ending September 30, 2016, and for lowing: Commerce and Justice, Science, and SEC. ll. None of the funds appropriated other purposes; which was ordered to or otherwise made available under this Act Related Agencies for the fiscal year lie on the table; as follows: ending September 30, 2016, and for may be used to purchase information from At the appropriate place, insert the fol- the National Technical Information Service. other purposes; which was ordered to lowing: lie on the table; as follows: SEC. ll. OPERATION STREAMLINE. SA 4812. Mr. FLAKE submitted an At the appropriate place, insert the fol- (a) FINDINGS.—Congress finds the fol- amendment intended to be proposed to lowing: lowing: amendment SA 4685 proposed by Mr. SEC. lll. None of the funds made avail- (1) The Border Patrol’s Yuma Sector has SHELBY (for himself and Ms. MIKULSKI) able to the Department of Justice under this long grappled with the crossing of undocu- to the bill H.R. 2578, making appropria- Act may be used for litigation defending the mented aliens and has seen illegal traffic de- legality of any final rule based on the pro- cline precipitously from the early 2000s to tions for the Departments of Commerce posed rule of the Federal Communications the present. and Justice, Science, and Related Commission entitled ‘‘Protecting the Pri- (2) A combination of increased manpower, Agencies for the fiscal year ending Sep- vacy of Customers of Broadband and Other technology implementation, and the delivery tember 30, 2016, and for other purposes;

VerDate Sep 11 2014 03:15 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JN6.027 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE June 21, 2016 CONGRESSIONAL RECORD — SENATE S4419 which was ordered to lie on the table; (I) a threat of committing an act of inter- paragraph (A) only if there are reasonable as follows: national terrorism or domestic terrorism grounds for not filing by that deadline. with respect to an aircraft (including a (3) AUTHORITY OF COURTS OF APPEALS.—The On page 70, line 1, strike ‘‘$5,395,000,000’’ threat of piracy, or a threat to airline, pas- court of appeals in which a petition for re- and all that follows through ‘‘That the for- senger, or civil aviation security); view is filed under paragraph (1)— mulation’’ and insert ‘‘$5,375,000,000, to re- (II) a threat of committing an act of do- (A) shall have— main available until September 30, 2018; Pro- mestic terrorism with respect to the home- (i) jurisdiction to decide all relevant ques- vided, That the amount available under this land; tions of law and fact; and paragraph for the Near-Earth Object pro- (III) a threat of committing an act of inter- (ii) exclusive jurisdiction to affirm, amend, gram may not exceed $40,000,000; Provided national terrorism against any United modify, or set aside any part of the denial of further, That the formulation’’. States Government facility abroad and asso- the Attorney General that is the subject of SA 4813. Mr. FLAKE submitted an ciated or supporting personnel, including the petition for review; and United States embassies, consulates and mis- (B) may order the Attorney General to amendment intended to be proposed to sions, military installations, United States conduct further proceedings. amendment SA 4685 proposed by Mr. ships, United States aircraft, or other auxil- (4) EXCLUSIVE JURISDICTION.— SHELBY (for himself and Ms. MIKULSKI) iary craft owned or leased by the United (A) IN GENERAL.—No district court of the to the bill H.R. 2578, making appropria- States Government; or United States shall have jurisdiction to con- tions for the Departments of Commerce (IV) a threat of engaging in or conducting sider any claim related to or arising out of and Justice, Science, and Related a violent act of terrorism and who is oper- facts and circumstances that could have Agencies for the fiscal year ending Sep- ationally capable of doing so. been included in a petition filed under para- tember 30, 2016, and for other purposes; (B) SELECTEE LIST.—The Attorney General graph (1), including any constitutional determines that transferee or applicant claim. which was ordered to lie on the table; meets the standard for inclusion on the Se- (B) LAWFULNESS AND CONSTITUTIONALITY.— as follows: lectee List, which is the subset list of the No district court of the United States or On page 80, between lines 17 and 18, insert Terrorist Screening Database, maintained by court of appeals of the United States shall the following: the Terrorist Screening Center of the Fed- have jurisdiction to consider the lawfulness GENERAL PROVISION eral Bureau of Investigation, of individuals or constitutionality of this section except SEC. 301. The unclassified version of any who are selected for enhanced security pursuant to a petition for review under sec- study conducted using funds appropriated or screening when attempting to board a United tion. otherwise made available by this title shall States commercial aircraft or fly into, out (C) NONCITIZENS.—No district court of the include the following: of, or over United States airspace, based on United States or court of appeals of the (1) The name of each Agency that provided the standard to be on such Selectee List on United States shall have jurisdiction to hear funds for the conduct of the study. June 16, 2016. any claim by an individual who is not a cit- (2) The project or award number of the (2) NICS.—Solely for purposes of sections izen or lawful permanent resident of the study. 922(t) (1), (2), (5), and (6) of title 18, United United States related to or arising out a de- (3) An estimate of the total cost of the States Code, and section 103(g) of Public Law nial by the Attorney General under sub- study. 103–159 (18 U.S.C. 922 note), a denial by the section (a)(1). Attorney General under paragraph (1) shall (d) REQUIREMENT FOR AN ADMINISTRATIVE SA 4814. Ms. COLLINS (for herself, be treated as equivalent to a determination RECORD AND PROCEDURES FOR JUDICIAL RE- that receipt of a firearm would violate sub- Ms. HEITKAMP, Ms. AYOTTE, Mr. HEIN- VIEW.—Notwithstanding any other provision section (g) or (n) of section 922 of title 18, RICH, Mr. FLAKE, Mr. KAINE, Mr. GRA- of law, the following procedures shall apply United States Code. During the 3-business- with respect to a petition for review filed in HAM, Mr. KING, Mr. NELSON, Mr. day period beginning when a licensee under a court of appeals under subsection (c): MANCHIN, and Ms. BALDWIN) submitted chapter 44 of title 18, United States Code, (1) The United States shall file with the an amendment intended to be proposed contacts the national instant criminal back- court an administrative record, which shall to amendment SA 4685 proposed by Mr. ground check system established under sec- consist of— SHELBY (for himself and Ms. MIKULSKI) tion 103 of Public Law 103–159 (18 U.S.C. 922 (A) the information the Attorney General to the bill H.R. 2578, making appropria- note), and notwithstanding section 922(t)(2) relied upon in denying the transfer or appli- tions for the Departments of Commerce of title 18, United States Code, the Attorney cation; General may delay assigning a unique identi- (B) any information the petitioner has sub- and Justice, Science, and Related fication number to a transfer of a firearm in Agencies for the fiscal year ending Sep- mitted pursuant to any administrative proc- order to determine whether the transferee or ess; tember 30, 2016, and for other purposes; applicant meets the requirements under (C) any information determined relevant which was ordered to lie on the table; paragraph (1). by the United States; and as follows: (b) NOTIFICATION OF PROSPECTIVE FIREARM (D) any information that is exculpatory. At the appropriate place, insert the fol- TRANSFERS TO KNOWN OR SUSPECTED TER- (2)(A) The petitioner may file with the lowing: RORIST.—The Attorney General and Federal, court any information determined relevant SEC. lll. DISCRETIONARY AUTHORITY TO State, and local law enforcement shall be by the petitioner. DENY TRANSFERS OF FIREARMS OR immediately notified, as appropriate, of any (B) With leave of the court, the United EXPLOSIVES TO TERRORISTS. request to transfer a firearm or explosive to States may supplement the administrative (a) AUTHORITY.— a person who is, or with in the previous 5 record with additional information. (1) IN GENERAL.—On and after the date of years was, identified in the Terrorist Screen- (3) All information in the administrative enactment of this Act, in accordance with ing Database maintained by the Terrorist record that is not classified and is not other- the procedures under this section, and with- Screening Center of the Federal Bureau of wise privileged or subject to statutory pro- out regard to section 842, 843, section 922(g) Investigation. tections shall be provided to the petitioner. or (n), or section 923 of title 18, United States (c) PETITION FOR REVIEW.— (4) No discovery shall be permitted, unless Code, the Attorney General may deny the (1) IN GENERAL.—An individual who is a cit- the court shall determine extraordinary cir- transfer of a firearm, not later than 3 busi- izen or lawful permanent resident of the cumstances requires discovery in the inter- ness days after a licensee under chapter 44 of United States who seeks to challenge a de- ests of justice. title 18, United States Code, contacts the na- nial by the Attorney General under sub- (5) Sensitive security information con- tional instant criminal background check section (a)(1) may file a petition for review tained in the administrative record may only system established under section 103 of Pub- and any claims related to that petition in be provided pursuant to a protective order. lic Law 103–159 (18 U.S.C. 922 note), deny the the United States Court of Appeals for the (6)(A) The administrative record may in- transfer of an explosive, or deny the issuance District of Columbia Circuit or in the court clude classified information, which the of a Federal firearms or explosives license or of appeals of the United States for the judi- United States shall submit to the court in permit, if either of the following are met: cial circuit in which the individual resides. camera and ex parte. (A) NO FLY LIST.—The Attorney General (2) DEADLINES FOR FILING.— (B) The United States shall notify the peti- determines that transferee or applicant— (A) IN GENERAL.—Except as provided in tioner if the administrative record filed (i) based on the totality of the cir- subparagraph (B), a petition for review under under paragraph (1) contains classified infor- cumstances, represents a threat to public paragraph (1), and any claims related to that mation. safety based on a reasonable suspicion that petition, shall be filed not later than 60 days (C) The court may enter an order, after no- the transferee or applicant is engaged, or has after the petitioner receives actual notice of tice and a hearing, allowing disclosure to the been engaged, in conduct constituting, in the denial by the Attorney General. petitioner, counsel for the petitioner, or preparation of, in aid of, or related to ter- (B) EXCEPTION.—The court of appeals in both, of— rorism, or providing material support or re- which a petition for review is to be filed (i) an unclassified summary of some or all sources therefor; and under paragraph (1) may allow the petition classified information in the administrative (ii) based on credible information, poses— to be filed after the deadline specified in sub- record;

VerDate Sep 11 2014 03:15 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JN6.029 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE S4420 CONGRESSIONAL RECORD — SENATE June 21, 2016 (ii) a statement admitting relevant facts (ii) a threat of committing an act of do- ligence of the House of Representatives a re- that some or all classified information in the mestic terrorism with respect to the home- port providing— administrative record would tend to prove; land; (A) the number individuals— (iii) some or all classified information, if (iii) a threat of committing an act of inter- (i) with respect to whom a court of appeals counsel for the petitioner possess the appro- national terrorism against any United quashed a denial by the Attorney General priate security clearance; or States Government facility abroad and asso- under subsection (e); and (iv) any combination thereof. ciated or supporting personnel, including (ii) who submitted the order quashing the (D)(i) If the court enters an order under United States embassies, consulates and mis- denial to the Department of Homeland Secu- subparagraph (C) providing for the disclosure sions, military installations, United States rity under subsection (i)(2); and of classified information and the United ships, United States aircraft, or other auxil- (B) a description of the actions taken and States files with the court an affidavit of the iary craft owned or leased by the United final determinations made by the Depart- Attorney General objecting to the disclo- States Government; or ment of Homeland Security with regard to sure, the court shall order that the classified (iv) a threat of engaging in or conducting submissions described in subparagraph information not be disclosed. a violent act of terrorism and who is oper- (A)(ii) respecting the status of individuals on (ii) If classified information is not dis- ationally capable of doing so; or the No Fly List or Selectee List, including closed under clause (i), the court shall enter (2) that the standard has been met for in- the length of time taken to reach a final de- such an order as the interests of justice re- cluding the transferee or applicant on the termination. quire, which may include an order quashing Selectee List, which is the subset list of the (k) DEFINITIONS.—In this section: the denial by the Attorney General under Terrorist Screening Database, maintained by (1) CLASSIFIED INFORMATION.—The term subsection (a)(1). the Terrorist Screening Center of the Fed- ‘‘classified information’’ has the meaning (iii) An order under subparagraph (C) or eral Bureau of Investigation, of individuals given that term in section 1(a) of the Classi- clause (ii) of this subparagraph shall be sub- who are selected for enhanced security fied Information Procedures Act (18 U.S.C. ject to review pursuant to section 1254 of screening when attempting to board a United App.). title 28, United States Code. States commercial aircraft or fly into, out (2) DOMESTIC TERRORISM.—The term ‘‘do- (iv) An order under clause (ii) shall be ad- of, or over United States airspace, based on mestic terrorism’’ has the meaning given ministratively stayed for 7 days. the standard to be on such Selectee List on that term in section 2331(5) of title 18, United (v) The functions and duties of the Attor- June 16, 2016. States Code. ney General under this subparagraph— (f) EFFECT OF QUASHING.—If the court of (3) INTERNATIONAL TERRORISM.—The term (I) may be exercised by the Deputy Attor- appeals quashes a denial by the Attorney ‘‘international terrorism’’ has the meaning ney General, the Associate Attorney Gen- General under subsection (e), notwith- given that term in section 2331(1) of title 18, eral, or by an Assistant Attorney General standing any other provision of law, the At- United States Code. designated by the Attorney General for such torney General shall— (4) MILITARY INSTALLATION.—The term purpose; and (1) for a denial of the transfer of a firearm, ‘‘military installation’’ has the meaning (II) may not be delegated to any other offi- cause a unique identifier to issue pursuant to given that term in section 2801(c)(4) of title cial. section 922(t)(2) of title 18, United States 10, United States Code. (E) Any information disclosed under sub- Code, not later than 3 days after the issuance (5) NATIONAL SECURITY.—The term ‘‘na- paragraph (C) shall be subject to an appro- of the order under subsection (e); and tional security’’ has the meaning given that priate protective order. (2) for a denial of a license or permit, expe- term in section 219 of the Immigration and (7) Any classified information, sensitive se- ditiously issue a license or permit under Nationality Act (8 U.S.C. 1189). curity information, law enforcement sen- chapter 40 or 44 of title 18, United States (6) SENSITIVE SECURITY INFORMATION.—The sitive information, or information that is Code, as applicable. term ‘‘sensitive security information’’ has otherwise privileged or subject to statutory (g) SUPREME COURT REVIEW.—A decision by the meaning given that term by sections protections, that is part of the administra- a court of appeals under this section may be 114(r) and 40119 of title 49, United States tive record, or cited by the court or the par- reviewed by the Supreme Court under sec- Code, and the regulations and orders issued ties, shall be treated by the court and the tion 1254 of title 28, United States Code. pursuant to those sections. parties consistent with the provisions of this (h) EXCLUSIVE REMEDY.—The judicial re- (l) RULE OF CONSTRUCTION.—Nothing in this subsection, and shall be sealed and preserved view under a petition for review filed under section shall be construed to authorize the in the records of the court to be made avail- subsection (c) shall be the sole and exclusive Attorney General to modify the length of pe- able in the event of further proceedings. In remedy for a claim by an individual who riod before a firearm may be transferred no event shall such information be released challenges a denial under subsection (a)(1). under section 922(t) of title 18, United States Code. as part of the public record. (i) EXPEDITED CONSIDERATION.— (8) The court shall award reasonable attor- (1) COURTS.—Not later than 14 days after ney fees to a petitioner who is a prevailing SA 4815. Mr. REID submitted an the date on which a petition is filed chal- amendment intended to be proposed to party in an action under this section. lenging a denial under subsection (a)(1), a (9) After the expiration of the time to seek court of appeals shall determine whether to amendment SA 4685 proposed by Mr. further review, or the conclusion of further quash the denial, unless the petitioner con- SHELBY (for himself and Ms. MIKULSKI) proceedings, the court shall return the ad- sents to a longer period. to the bill H.R. 2578, making appropria- ministrative record, including any and all (2) OF QUASHING.—If the court of appeals tions for the Departments of Commerce copies, to the United States. All privileged quashes a denial by the Attorney General and Justice, Science, and Related information or other information in the pos- under subsection (e), a petitioner may sub- Agencies for the fiscal year ending Sep- session of counsel for the petitioner that was mit the order quashing the denial to the De- tember 30, 2016, and for other purposes; provided by the United States under a pro- partment of Homeland Security for expe- tective order shall be returned to the United which was ordered to lie on the table; dited review, as appropriate. as follows: States, or the counsel for the petitioner shall (j) TRANSPARENCY.—Not later than 60 days certify its destruction, including any and all after the date of the enactment of this Act, At the end, add the following: The provisions in this Act shall go into ef- copies. and quarterly thereafter— fect 1 day after enactment. (e) SCOPE OF REVIEW.—The court of appeals (1) the Attorney General shall submit to shall quash any denial by the Attorney Gen- the Committee on the Judiciary and the Se- SA 4816. Mr. REID submitted an eral under subsection (a)(1), unless the lect Committee on Intelligence of the Senate amendment intended to be proposed to United States demonstrates, on a de novo re- and the Committee on the Judiciary and the view of fact and law— Permanent Select Committee on Intelligence amendment SA 4815 submitted by Mr. (1) that— of the House of Representatives a report pro- REID and intended to be proposed to (A) based on the totality of the cir- viding— the amendment SA 4685 proposed by cumstances, the transferee or applicant rep- (A) the number of persons denied a firearm Mr. SHELBY (for himself and Ms. MI- resents a threat to public safety based on a transfer or a license or permit under sub- KULSKI) to the bill H.R. 2578, making reasonable suspicion that the transferee or section (a)(1) during the reporting period; appropriations for the Departments of applicant is engaged, or has been engaged, in (B) the number of petitions for review filed Commerce and Justice, Science, and conduct constituting, in preparation of, in under subsection (d); and Related Agencies for the fiscal year aid of, or related to terrorism, or providing (C) the number of instances in which a material support or resources therefor; and court of appeals quashed a denial by the At- ending September 30, 2016, and for (B) based on credible information, the torney General under subsection (e); and other purposes; which was ordered to transferee or applicant poses— (2) the Secretary of Homeland Security lie on the table; as follows: (i) a threat of committing an act of inter- shall submit to the Committee on Homeland On page 1, line 1, strike ‘‘1 day’’ and insert national terrorism or domestic terrorism Security and Governmental Affairs and the ‘‘2 days’’. with respect to an aircraft (including a Select Committee on Intelligence of the Sen- threat of piracy, or a threat to airline, pas- ate and the Homeland Security Committee SA 4817. Mr. REID submitted an senger, or civil aviation security); the Permanent Select Committee on Intel- amendment intended to be proposed to

VerDate Sep 11 2014 03:15 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JN6.029 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE June 21, 2016 CONGRESSIONAL RECORD — SENATE S4421 amendment SA 4685 proposed by Mr. KULSKI) to the bill H.R. 2578, making tember 30, 2016, and for other purposes; SHELBY (for himself and Ms. MIKULSKI) appropriations for the Departments of which was ordered to lie on the table; to the bill H.R. 2578, making appropria- Commerce and Justice, Science, and as follows: tions for the Departments of Commerce Related Agencies for the fiscal year On page 71, line 3, insert before the period and Justice, Science, and Related ending September 30, 2016, and for the following: ‘‘; Provided, That $10,000,000 Agencies for the fiscal year ending Sep- other purposes; which was ordered to shall be for research by the National Aero- tember 30, 2016, and for other purposes; lie on the table; as follows: nautics and Space Administration, in col- laboration with the Unmanned Aircraft Sys- which was ordered to lie on the table; On page 1, line 1, strike ‘‘7’’ and insert ‘‘8’’. tems Center of Excellence of the Federal as follows: Aviation Administration, at the six test At the end, add the following: SA 4823. Mr. REID submitted an sites of the Federal Aviation Administration The provisions in this Act shall go into ef- amendment intended to be proposed to on the use of unmanned aircraft systems fect 3 days after enactment. amendment SA 4685 proposed by Mr. (UAS) for a broad range of public safety pur- SHELBY (for himself and Ms. MIKULSKI) poses over land and maritime environ- SA 4818. Mr. REID submitted an to the bill H.R. 2578, making appropria- ments’’. amendment intended to be proposed to tions for the Departments of Commerce SA 4828. Mr. WARNER submitted an amendment SA 4817 submitted by Mr. and Justice, Science, and Related REID and intended to be proposed to amendment intended to be proposed to Agencies for the fiscal year ending Sep- amendment SA 4685 proposed by Mr. the amendment SA 4685 proposed by tember 30, 2016, and for other purposes; SHELBY (for himself and Ms. MIKULSKI) Mr. SHELBY (for himself and Ms. MI- which was ordered to lie on the table; KULSKI) to the bill H.R. 2578, making to the bill H.R. 2578, making appropria- as follows: tions for the Departments of Commerce appropriations for the Departments of At the end, add the following: Commerce and Justice, Science, and and Justice, Science, and Related The provisions in this Act shall go into ef- Agencies for the fiscal year ending Sep- Related Agencies for the fiscal year fect 9 days after enactment. ending September 30, 2016, and for tember 30, 2016, and for other purposes; other purposes; which was ordered to SA 4824. Mr. REID submitted an which was ordered to lie on the table; lie on the table; as follows: amendment intended to be proposed to as follows: On page 71, line 3, insert before the period On page 1, line 1, strike ‘‘3’’ and insert ‘‘4’’. amendment SA 4823 submitted by Mr. REID and intended to be proposed to the following: ‘‘; Provided, That $25,000,000 the amendment SA 4685 proposed by shall be for the Advanced Composites Part- SA 4819. Mr. REID submitted an nership within the Advanced Air Vehicles amendment intended to be proposed to Mr. SHELBY (for himself and Ms. MI- program’’. amendment SA 4685 proposed by Mr. KULSKI) to the bill H.R. 2578, making SHELBY (for himself and Ms. MIKULSKI) appropriations for the Departments of SA 4829. Mr. MENENDEZ submitted to the bill H.R. 2578, making appropria- Commerce and Justice, Science, and an amendment intended to be proposed tions for the Departments of Commerce Related Agencies for the fiscal year to amendment SA 4685 proposed by Mr. and Justice, Science, and Related ending September 30, 2016, and for SHELBY (for himself and Ms. MIKULSKI) Agencies for the fiscal year ending Sep- other purposes; which was ordered to to the bill H.R. 2578, making appropria- tember 30, 2016, and for other purposes; lie on the table; as follows: tions for the Departments of Commerce which was ordered to lie on the table; On page 1, line 1, strike ‘‘9’’ and insert and Justice, Science, and Related as follows: ‘‘10’’. Agencies for the fiscal year ending Sep- At the end, add the following: tember 30, 2016, and for other purposes; The provisions in this Act shall go into ef- SA 4825. Mr. REID submitted an which was ordered to lie on the table; fect 5 days after enactment. amendment intended to be proposed to as follows: amendment SA 4685 proposed by Mr. At the appropriate place in title II, insert SA 4820. Mr. REID submitted an SHELBY (for himself and Ms. MIKULSKI) the following: amendment intended to be proposed to to the bill H.R. 2578, making appropria- SEC. 2ll. (a) In this section— amendment SA 4819 submitted by Mr. tions for the Departments of Commerce (1) the term ‘‘eligible nonprofit organiza- REID and intended to be proposed to and Justice, Science, and Related tion’’ means a nonprofit organization that the amendment SA 4685 proposed by has experience providing rapid telephone and Agencies for the fiscal year ending Sep- cellular alert calls on behalf of Federal, Mr. SHELBY (for himself and Ms. MI- tember 30, 2016, and for other purposes; State, and local law enforcement agencies to KULSKI) to the bill H.R. 2578, making which was ordered to lie on the table; find missing children and elderly adults; and appropriations for the Departments of as follows: (2) the term ‘‘rapid telephone and cellular Commerce and Justice, Science, and At the end, add the following: alert call system’’ means an automated sys- Related Agencies for the fiscal year The provisions in this Act shall go into ef- tem with the ability to place at least 1,000 ending September 30, 2016, and for fect 11 days after enactment. telephone and cellular calls in 60 seconds to other purposes; which was ordered to a specific geographic area determined by law lie on the table; as follows: SA 4826. Mr. REID submitted an enforcement— (A) based on the last known whereabouts of On page 1, line 1, strike ‘‘5’’ and insert ‘‘6’’. amendment intended to be proposed to amendment SA 4825 submitted by Mr. a missing individual; or (B) based on other evidence and determined SA 4821. Mr. REID submitted an REID and intended to be proposed to by such law enforcement agency to be nec- amendment intended to be proposed to the amendment SA 4685 proposed by essary to the search for the missing indi- amendment SA 4685 proposed by Mr. Mr. SHELBY (for himself and Ms. MI- vidual. SHELBY (for himself and Ms. MIKULSKI) KULSKI) to the bill H.R. 2578, making (b) The Attorney General may use unobli- to the bill H.R. 2578, making appropria- appropriations for the Departments of gated balances made available to the Depart- tions for the Departments of Commerce Commerce and Justice, Science, and ment of Justice under this title to make Related Agencies for the fiscal year grants to eligible nonprofit organizations to and Justice, Science, and Related assist Federal, State, tribal, and local law Agencies for the fiscal year ending Sep- ending September 30, 2016, and for enforcement agencies in the rapid recovery tember 30, 2016, and for other purposes; other purposes; which was ordered to of missing children, elderly individuals, and which was ordered to lie on the table; lie on the table; as follows: disabled individuals through the use of a as follows: On page 1, line 1, strike ‘‘11’’ and insert rapid telephone and cellular alert call sys- At the end, add the following: ‘‘12’’. tem. Such grants shall be used to— The provisions in this Act shall go into ef- (1) provide services to Federal, State, trib- fect 7 days after enactment. SA 4827. Mr. WARNER submitted an al, and local law enforcement agencies, in re- amendment intended to be proposed to sponse to a request from such agencies, to SA 4822. Mr. REID submitted an amendment SA 4685 proposed by Mr. promote the rapid recovery of a missing child, an elderly individual, or a disabled in- amendment intended to be proposed to SHELBY (for himself and Ms. MIKULSKI) dividual by utilizing rapid telephone and cel- amendment SA 4821 submitted by Mr. to the bill H.R. 2578, making appropria- lular alert calls; REID and intended to be proposed to tions for the Departments of Commerce (2) maintain and expand technologies and the amendment SA 4685 proposed by and Justice, Science, and Related techniques to ensure the highest level of per- Mr. SHELBY (for himself and Ms. MI- Agencies for the fiscal year ending Sep- formance of such services;

VerDate Sep 11 2014 03:15 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JN6.033 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE S4422 CONGRESSIONAL RECORD — SENATE June 21, 2016 (3) provide both centralized and on-site (3) by striking ‘‘, and all such data shall be cational agencies (as those terms are defined training and distribute information to Fed- immune from legal process’’ and all that fol- in section 9101 of the Elementary and Sec- eral, State, tribal, and local law enforcement lows through ‘‘a review of such an action or ondary Education Act of 1965 (20 U.S.C. 7801)) agency officials about missing children, el- proceeding’’. of the State; derly individuals, and disabled individuals (f) The sixth proviso under the heading (B) a local educational agency; and use of a rapid telephone and cellular ‘‘SALARIES AND EXPENSES’’ under the heading (C) a nonprofit organization; or alert call system; ‘‘BUREAU OF ALCOHOL, TOBACCO, FIREARMS (D) a consortium of elementary schools or (4) provide services to Federal, State, trib- AND EXPLOSIVES’’ under title I of division B secondary schools (as those terms are de- al, and local Child Abduction Response of the Consolidated Appropriations Act, 2005 fined in section 9101 of the Elementary and Teams; (18 U.S.C. 923 note; Public Law 108–447; 118 Secondary Education Act of 1965 (20 U.S.C. (5) assist Federal, State, tribal, and local Stat 2859) is amended— 7801)) collaborating with an entity described law enforcement agencies to combat human (1) by striking ‘‘or any other’’; and in subparagraph (A), (B), or (C); trafficking through the use of rapid tele- (2) by striking ‘‘with respect to any fiscal (2) the term ‘‘Internet safety education phone and cellular alert calls; year’’. program’’ means an age-appropriate, re- (6) share appropriate information on cases (g) The sixth proviso under the heading search-based program that— with the National Center for Missing and Ex- ‘‘SALARIES AND EXPENSES’’ under the heading (A) encourages safe, ethical, and respon- ploited Children, the AMBER Alert, Silver ‘‘BUREAU OF ALCOHOL, TOBACCO, FIREARMS sible use of the Internet; Alert, and Blue Alert programs, and appro- AND EXPLOSIVES’’ under title I of division B (B) promotes an informed, critical under- priate Federal, State, tribal, and local law of the Consolidated Appropriations Act, 2004 standing of the Internet; and enforcement agencies; and (Public Law 108–199; 118 Stat. 53) is amended (C) educates children and communities (7) assist appropriate organizations, includ- by inserting after ‘‘1998’’ the following: ‘‘, about how to prevent or respond to problems ing Federal, State, tribal, and local law en- and before October 1, 2004’’. or dangers related to the Internet or new forcement agencies, with education and pre- (h) No Federal department or agency or media; vention programs related to missing chil- State, local, or tribal government shall (3) the term ‘‘new media’’— dren, elderly individuals, and disabled indi- knowingly and publically disclose covered (A) means emerging digital, computerized, viduals. firearms information that will— or networked information and communica- (1) compromise the identity of any under- tion technologies that often have interactive SA 4830. Mr. MENENDEZ submitted cover law enforcement officer or confidential capabilities; and an amendment intended to be proposed informant; (B) includes e-mail, instant messaging, text messaging, websites, blogs, interactive to amendment SA 4685 proposed by Mr. (2) interfere with any case under investiga- tion; or gaming, social media, cell phones, and mo- SHELBY (for himself and Ms. MIKULSKI) (3) include the name, address, or any other bile devices; and to the bill H.R. 2578, making appropria- uniquely identifying information of the law- (4) the term ‘‘nonprofit organization’’ tions for the Departments of Commerce ful purchaser of any firearm. means an organization that is— and Justice, Science, and Related (i) Nothing in this section may be con- (A) described in section 501(c) of the Inter- Agencies for the fiscal year ending Sep- strued to limit the disclosure for use in, or nal Revenue Code of 1986; and tember 30, 2016, and for other purposes; the use, reliance on, disclosure, admissi- (B) exempt from tax under section 501(a) of bility, or permissibility of using, covered that Code. which was ordered to lie on the table; (b) The Attorney General may use unobli- as follows: firearms information in any action or pro- ceeding that is— gated balances made available to the Depart- ment of Justice under this title to make At the appropriate place, insert the fol- (1) commenced by the Bureau of Alcohol, grants to eligible entities to carry out an lowing: Tobacco, Firearms, and Explosives to en- SEC. . (a) The matter under the Internet safety education program and other llllll force the provisions of chapter 44 of title 18, heading ‘‘SALARIES AND EXPENSES’’ under the activities relating to Internet safety, includ- United States Code; heading ‘‘BUREAU OF ALCOHOL, TOBACCO, ing to— (2) instituted by a government agency and FIREARMS AND EXPLOSIVES’’ under title II of (1) identify, develop, and implement Inter- relating to a license or similar authoriza- division B of the Consolidated and Further net safety education programs, including tion; or Continuing Appropriations Act, 2012 (18 educational technology, multimedia and (3) a review of an action or proceeding de- U.S.C. 923 note; Public Law 112–55; 125 Stat. interactive applications, online resources, scribed in paragraph (1) or (2). and lesson plans; 609) is amended by striking the sixth proviso. (j) For purposes of this section— (b) The sixth proviso under the heading (2) provide professional training to elemen- (1) the term ‘‘covered firearms informa- ‘‘SALARIES AND EXPENSES’’ under the heading tary and secondary school teachers, adminis- tion’’ means any information— ‘‘BUREAU OF ALCOHOL, TOBACCO, FIREARMS trators, and other staff on Internet safety (A) contained in the Firearms Trace Sys- AND EXPLOSIVES’’ under title II of division B and new media literacy; tem database maintained by the National of the Consolidated Appropriations Act, 2010 (3) develop online-risk prevention pro- Trace Center of the Bureau of Alcohol, To- (18 U.S.C. 923 note; Public Law 111–117; 123 grams for children; bacco, Firearms, and Explosives; Stat. 3128) is amended by striking ‘‘begin- (4) train and support peer-driven Internet (B) required to be kept by a licensee under ning in fiscal year 2010 and thereafter’’, and safety education initiatives; section 923(g) of title 18, United States Code; inserting ‘‘in fiscal year 2010’’. (5) coordinate and fund research initiatives or (c) The sixth proviso under the heading that investigate online risks to children and (C) required to be reported under para- ‘‘SALARIES AND EXPENSES’’ under the heading Internet safety education; graph (3) or (7) of section 923(g) of title 18, ‘‘BUREAU OF ALCOHOL, TOBACCO, FIREARMS (6) develop and implement public education United States Code; AND EXPLOSIVES’’ under title II of division B campaigns to promote awareness of online (2) the term ‘‘firearm’’ has the meaning of the Omnibus Appropriations Act, 2009 (18 risks to children and Internet safety edu- given that term in section 921 of title 18, U.S.C. 923 note; Public Law 111–8; 123 Stat. cation; United States Code; and 575) is amended by striking ‘‘beginning in fis- (7) educate parents about teaching their (3) the term ‘‘licensee’’ means a person li- cal year 2009 and thereafter’’, and inserting children how to use the Internet and new censed under chapter 44 of title 18, United ‘‘in fiscal year 2009’’. media safely, responsibly, and ethically and States Code. (d) The sixth proviso under the heading help parents identify and protect their chil- ‘‘SALARIES AND EXPENSES’’ under the heading dren from risks relating to use of the Inter- SA 4831. Mr. MENENDEZ submitted ‘‘BUREAU OF ALCOHOL, TOBACCO, FIREARMS net and new media; or AND EXPLOSIVES’’ under title II of division B an amendment intended to be proposed (8) carry out any other activity approved of the Consolidated Appropriations Act, 2008 to amendment SA 4685 proposed by Mr. by the Attorney General. (18 U.S.C. 923 note; Public Law 110–161; 121 SHELBY (for himself and Ms. MIKULSKI) Stat. 1903) is amended by striking ‘‘begin- to the bill H.R. 2578, making appropria- SA 4832. Mr. MENENDEZ (for him- ning in fiscal year 2009 and thereafter’’, and tions for the Departments of Commerce self, Mr. BLUMENTHAL, Mr. MURPHY, inserting ‘‘in fiscal year 2009’’. and Justice, Science, and Related and Mr. CARDIN) submitted an amend- (e) The sixth proviso under the heading Agencies for the fiscal year ending Sep- ment intended to be proposed to ‘‘SALARIES AND EXPENSES’’ under the heading tember 30, 2016, and for other purposes; amendment SA 4685 proposed by Mr. ‘‘BUREAU OF ALCOHOL, TOBACCO, FIREARMS SHELBY (for himself and Ms. MIKULSKI) AND EXPLOSIVES’’ under title I of the which was ordered to lie on the table; as follows: to the bill H.R. 2578, making appropria- Science, State, Justice, Commerce, and Re- tions for the Departments of Commerce lated Agencies Appropriations Act, 2006 (18 At the appropriate place in title II, insert U.S.C. 923 note; Public Law 109–108; 119 Stat. the following: and Justice, Science, and Related 2295) is amended— SEC. 2ll. (a) In this section— Agencies for the fiscal year ending Sep- (1) by striking ‘‘or any other’’; (1) the term ‘‘eligible entity’’ means— tember 30, 2016, and for other purposes; (2) by striking ‘‘with respect to any fiscal (A) a partnership between a State edu- which was ordered to lie on the table; year’’; and cational agency and 1 or more local edu- as follows:

VerDate Sep 11 2014 03:15 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JN6.034 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE June 21, 2016 CONGRESSIONAL RECORD — SENATE S4423 On page 107, between lines 9 and 10, insert ‘‘(4) For purposes of paragraph (3)(A), the tember 30, 2016, and for other purposes; the following: term ‘campus law enforcement officer’ which was ordered to lie on the table; TITLE VI—LARGE CAPACITY AMMUNITION means an individual who is— as follows: ‘‘(A) employed by a private institution of FEEDING DEVICE ACT At the appropriate place in title V, insert higher education that is eligible for funding SEC. 601. SHORT TITLE. the following: under title IV of the Higher Education Act of This title may be cited as the ‘‘Large Ca- SEC. 5ll. CRIMINAL STREET GANG RICO PROS- pacity Ammunition Feeding Device Act of 1965 (20 U.S.C. 1070 et seq.); ‘‘(B) responsible for the prevention or in- ECUTION ACT. 2016’’. Section 1961 of title 18, United States Code, vestigation of crime involving injury to per- SEC. 602. DEFINITIONS. is amended— sons or property, including apprehension or Section 921(a) of title 18, United States (1) in the matter preceding paragraph (1), detention of persons for such crimes; Code, is amended by inserting after para- by inserting ‘‘(a)’’ before ‘‘As used’’; ‘‘(C) authorized by Federal, State, or local graph (29) the following: (2) in paragraph (4), by inserting ‘‘any law to carry a firearm, execute search war- ‘‘(30) The term ‘large capacity ammunition criminal street gang,’’ after ‘‘other legal en- rants, and make arrests; and feeding device’— tity,’’; ‘‘(D) recognized, commissioned, or certified ‘‘(A) means a magazine, belt, drum, feed (3) in paragraph (9), by striking ‘‘and’’ at by a government entity as a law enforcement strip, helical feeding device, or similar de- the end; officer.’’. vice, including any such device joined or (4) in paragraph (10), by striking the period (b) IDENTIFICATION MARKINGS FOR LARGE coupled with another in any manner, that at the end and inserting a semicolon; and CAPACITY AMMUNITION FEEDING DEVICES.— has an overall capacity of, or that can be Section 923(i) of title 18, United States Code, (5) by inserting after paragraph (10) the fol- readily restored, changed, or converted to is amended by adding at the end the fol- lowing: accept, more than 10 rounds of ammunition; lowing: ‘‘A large capacity ammunition feed- ‘‘(11) ‘criminal street gang’— and ing device manufactured after the date of en- ‘‘(A) means any organization, association, ‘‘(B) does not include an attached tubular actment of the Large Capacity Ammunition or group of 3 or more individuals associated device designed to accept, and capable of op- Feeding Device Act of 2016 shall be identified in fact, whether formal or informal, that en- erating only with, .22 caliber rimfire ammu- by a serial number and the date on which the gages in criminal gang activity; and nition. device was manufactured or made, legibly ‘‘(B) does not include 3 or more individuals, ‘‘(31) The term ‘qualified law enforcement and conspicuously engraved or cast on the associated in fact, whether formal or infor- officer’ has the meaning given the term in device, and such other identification as the mal, who are not engaged in criminal gang section 926B.’’. Attorney General shall by regulations pre- activity; and SEC. 603. RESTRICTIONS ON LARGE CAPACITY scribe.’’. ‘‘(12) ‘criminal gang activity’ means the AMMUNITION FEEDING DEVICES. commission, attempted commission, con- (c) SEIZURE AND FORFEITURE OF LARGE CA- (a) IN GENERAL.—Section 922 of title 18, spiracy to commit, or solicitation, coercion, PACITY AMMUNITION FEEDING DEVICES.—Sec- United States Code, is amended by inserting tion 924(d) of title 18, United States Code, is or intimidation of another person to commit after subsection (u) the following: a racketeering activity.’’; and ‘‘(v)(1) It shall be unlawful for a person to amended— (1) in paragraph (1)— (6) by adding at the end the following: import, sell, manufacture, transfer, or pos- ‘‘(b) For purposes of this chapter, the exist- (A) by inserting ‘‘or large capacity ammu- sess, in or affecting interstate or foreign ence of a criminal street gang may be estab- nition feeding device’’ after ‘‘firearm or am- commerce, a large capacity ammunition lished by 1 or more identifying characteris- munition’’ each place the term appears; feeding device. tics, including— (B) by inserting ‘‘or large capacity ammu- ‘‘(2) Paragraph (1) shall not apply to the ‘‘(1) evidence of a common name or com- nition feeding device’’ after ‘‘firearms or am- possession of any large capacity ammunition mon identifying signs, symbols, tattoos, munition’’ each place the term appears; and feeding device otherwise lawfully possessed graffiti, attire, aliases, nicknames, or social (C) by striking ‘‘or (k)’’ and inserting ‘‘(k), on or before the date of enactment of the media posts; and or (v)’’; Large Capacity Ammunition Feeding Device ‘‘(2) other distinguishing characteristics, (2) in paragraph (2)(C), by inserting ‘‘or Act of 2016. including, common activities, rules, codes, large capacity ammunition feeding devices’’ ‘‘(3) Paragraph (1) shall not apply to— customs, or behaviors.’’. ‘‘(A) the importation for, manufacture for, after ‘‘firearms or quantities of ammuni- sale to, transfer to, or possession by the tion’’; and SA 4834. Mr. HATCH submitted an United States or a department or agency of (3) in paragraph (3)(E), by inserting ‘‘922(v),’’ after ‘‘922(n),’’. amendment intended to be proposed to the United States or a State or a depart- amendment SA 4688 submitted by Mr. ment, agency, or political subdivision of a SEC. 604. PENALTIES. State, or a sale or transfer to or possession Section 924(a)(1)(B) of title 18, United WYDEN and intended to be proposed to by a qualified law enforcement officer em- States Code, is amended by striking ‘‘or (q)’’ the bill H.R. 2578, making appropria- ployed by the United States or a department and inserting ‘‘(q), or (v)’’. tions for the Departments of Commerce or agency of the United States or a State or SEC. 605. USE OF BYRNE GRANTS FOR BUY-BACK and Justice, Science, and Related a department, agency, or political subdivi- PROGRAMS FOR LARGE CAPACITY Agencies for the fiscal year ending Sep- sion of a State for purposes of law enforce- AMMUNITION FEEDING DEVICES. tember 30, 2016, and for other purposes; ment (whether on or off-duty), or a sale or Section 501(a)(1) of title I of the Omnibus which was ordered to lie on the table; Crime Control and Safe Streets Act of 1968 transfer to or possession by a campus law en- as follows: forcement officer for purposes of law enforce- (42 U.S.C. 3751(a)(1)) is amended by adding at ment (whether on or off-duty); the end the following: At the end, insert the following: ‘‘This sec- ‘‘(B) the importation for, or sale or trans- ‘‘(H) Compensation for surrendered large tion shall not apply to a corporation, asso- fer to a licensee under title I of the Atomic capacity ammunition feeding devices, as ciation, educational institution or institu- Energy Act of 1954 for purposes of estab- that term is defined in section 921 of title 18, tion of learning, or society that is exempt lishing and maintaining an on-site physical United States Code, under buy-back pro- from the discrimination provisions of title protection system and security organization grams for large capacity ammunition feeding VII of the Civil Rights Act of 1964 (42 U.S.C. required by Federal law, or possession by an devices.’’. 2000e et seq.) pursuant to section 702(a) or 703(e)(2) of such Act (42 U.S.C. 2000e–1(a), employee or contractor of such licensee on- SEC. 606. SEVERABILITY. 2000e–2(e)(2)).’’. site for such purposes or off-site for purposes If any provision of this title, an amend- of licensee-authorized training or transpor- ment made by this title, or the application SA 4835. Mr. HATCH submitted an tation of nuclear materials; of such provision or amendment to any per- ‘‘(C) the possession, by an individual who is son or circumstance is held to be unconstitu- amendment intended to be proposed to retired in good standing from service with a tional, the remainder of this title, the amendment SA 4685 proposed by Mr. law enforcement agency and is not otherwise amendments made by this title, and the ap- SHELBY (for himself and Ms. MIKULSKI) prohibited from receiving ammunition, of a plication of such provision or amendment to to the bill H.R. 2578, making appropria- large capacity ammunition feeding device— any person or circumstance shall not be af- tions for the Departments of Commerce ‘‘(i) sold or transferred to the individual by fected thereby. and Justice, Science, and Related the agency upon such retirement; or Agencies for the fiscal year ending Sep- ‘‘(ii) that the individual purchased, or oth- SA 4833. Mr. KIRK submitted an tember 30, 2016, and for other purposes; erwise obtained, for official use before such amendment intended to be proposed to which was ordered to lie on the table; retirement; or amendment SA 4685 proposed by Mr. ‘‘(D) the importation, sale, manufacture, as follows: SHELBY (for himself and Ms. MIKULSKI) transfer, or possession of any large capacity At the end of title V, insert the following: to the bill H.R. 2578, making appropria- ammunition feeding device by a licensed SEC. lll. CIVIL RIGHTS PROTECTIONS AND EX- manufacturer or licensed importer for the tions for the Departments of Commerce EMPTIONS. purposes of testing or experimentation au- and Justice, Science, and Related Any agency or office of any branch of the thorized by the Attorney General. Agencies for the fiscal year ending Sep- Federal Government receiving funds under

VerDate Sep 11 2014 03:15 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JN6.034 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE S4424 CONGRESSIONAL RECORD — SENATE June 21, 2016 this Act shall, with respect to any religious ment of Justice lawyer to lie to, willfully de- directed the Court as to the timeline in- corporation, religious association, religious ceive, or intentionally misrepresent facts be- volved in the implementation of the 2014 educational institution, or religious society fore any Federal judge. DHS Directive, which included the amend- that is a recipient of or offeror for a Federal ments to the Deferred Action for Childhood Government contract, subcontract, grant, SA 4839. Mr. SASSE submitted an Arrivals (‘DACA’)program.’’. Id. at *2. purchase order, or cooperative agreement, amendment intended to be proposed to (D) ‘‘The Government’s attorneys knew provide protections and exemptions con- amendment SA 4685 proposed by Mr. since late-November of 2014 that the DHS sistent with sections 702(a) and 703(e)(2) of SHELBY (for himself and Ms. MIKULSKI) was issuing three-year deferrals under the the Civil Rights Act of 1964 (42 U.S.C. 2000e– to the bill H.R. 2578, making appropria- 2014 DHS Directive. Whether it was one per- 1(a) and 42 U.S.C. 2000e–2(e)(2)) and section tions for the Departments of Commerce son or one hundred thousand persons, the 103(d) of the Americans with Disabilities Act magnitude does not change a lawyer’s eth- of 1990 (42 U.S.C. 12113(d)). and Justice, Science, and Related ical obligations. The duties of a Government Agencies for the fiscal year ending Sep- lawyer, and in fact of any lawyer, are three- SA 4836. Mr. CRUZ submitted an tember 30, 2016, and for other purposes; fold: (1) tell the truth; (2) do not mislead the amendment intended to be proposed to which was ordered to lie on the table; Court; and (3) do not allow the Court to be amendment SA 4685 proposed by Mr. as follows: misled. The Government’s lawyers failed on SHELBY (for himself and Ms. MIKULSKI) At the appropriate place, insert the fol- all three fronts. The actions of the DHS to the bill H.R. 2578, making appropria- lowing: should have been brought to the attention of tions for the Departments of Commerce SEC. lll. (a) Congress finds the fol- the opposing counsel and the Court as early and Justice, Science, and Related lowing: as December 19, 2014. The failure of counsel Agencies for the fiscal year ending Sep- (1) On May 19, 2016, United States district to do that constituted more than mere inad- court judge Andrew Hanen issued an order vertent omissions—it was intentionally de- tember 30, 2016, and for other purposes; ceptive. There is no de minimis rule that ap- which was ordered to lie on the table; finding that Department of Justice lawyers made a number of intentionally false state- plies to a lawyer’s ethical obligation to tell as follows: ments to defend the Accountability Immi- the truth.’’. Id. at *7 (citation omitted). At the appropriate place, insert the fol- gration Executive Action of the President. (E) ‘‘The failure of counsel to inform the lowing: (2) Judge Hanen stated the lawyers lied to counsel for the Plaintiff States and the SEC. lll. Notwithstanding any other the court 3 distinct times: Court of the DHS activity—activity the Jus- provision of law, none of the funds appro- (A) LIE #1.—On December 19, 2014, Depart- tice Department admittedly knew about— priated or otherwise made available by this ment of Justice lawyers asked to push a was clearly unethical and clearly misled Act may be used by the Department of Jus- hearing back to January, assuring the court both counsel for the Plaintiff States and the tice to settle, with payments out of amounts that no applications to the Deferred Action Court.’’. Id. at *9. appropriated under section 1304 of title 31, for Childhood Arrivals program (in this sec- (F) ‘‘This Court finds that the misrepresen- United States Code, any lawsuit brought by tion referred to as ‘‘DACA’’) program would tations detailed above: (1) were false; (2) a health plan or health insurance issuer re- be approved. (‘‘This was not a curve ball were made in bad faith; and (3) misled both lated to section 1342 of the Patient Protec- thrown by the Government; this was a the Court and the Plaintiff States.’’. Id. at tion and Affordable Care Act (42 U.S.C. 18062) spitball which neither the Plaintiff States *10. or any other provision of such Act (Public nor the Court would learn of until March 3, (G) ‘‘In fact, it is hard to imagine a more Law 111–148). 2015.’’. Texas v. United States, Civil No. B– serious, more calculated plan of unethical 14–254, 2016 WL 3211803, at *5 (S.D. Tex. May conduct.’’. Id. at *11. SA 4837. Mr. SASSE submitted an 19, 2016).) (b) It is the sense of Congress that the con- amendment intended to be proposed to (B) LIE #2.—In January 2015, Department of duct of the Department of Justice lawyers is amendment SA 4685 proposed by Mr. Justice lawyers told the court no applica- unbecoming of representatives of the high- SHELBY (for himself and Ms. MIKULSKI) tions for DACA would be accepted until Feb- est-ranking law enforcement officer in the to the bill H.R. 2578, making appropria- ruary 18, 2015, and no action would be taken United States. tions for the Departments of Commerce on them until March 4—meanwhile 100,000 SA 4840. Mr. SASSE submitted an applications had already been approved. and Justice, Science, and Related amendment intended to be proposed to Agencies for the fiscal year ending Sep- (C) LIE #3.—On February 23, 2015, a week after an injunction was issued, Department amendment SA 4685 proposed by Mr. tember 30, 2016, and for other purposes; of Justice lawyers filed a brief stating that SHELBY (for himself and Ms. MIKULSKI) which was ordered to lie on the table; DACA applications were set to begin on to the bill H.R. 2578, making appropria- as follows: March 3, despite the fact that the Depart- tions for the Departments of Commerce At the appropriate place in title II, insert ment of Homeland Security started proc- and Justice, Science, and Related the following: essing them in late November 2014. (‘‘Yet Agencies for the fiscal year ending Sep- SEC. lll. Notwithstanding any other counsel, who knew of the DHS activity, were tember 30, 2016, and for other purposes; provision of law, none of the funds appro- not only silent, but their motion was cer- priated or otherwise made available by this tainly calculated to give the impression that which was ordered to lie on the table; Act may be used by the Department of Jus- nothing was happening or had happened pur- as follows: tice to make payments out of amounts ap- suant to the 2014 DHS Directive—when, in At the appropriate place in title V, insert propriated under section 1304 of title 31, fact, by that time over 100,000 applications the following: United States Code, with respect to any law- had already been granted.’’ Id. at *7.) SEC. 5ll. None of the funds appropriated suit related to section 1341, 1342, or 1343 of (3) Judge Hanen drew the following conclu- or otherwise made available under this Act the Patient Protection and Affordable Care sions: may be used by an officer or employee of a Act (42 U.S.C. 18061, 18062, 18063). The Depart- (A) ‘‘[T]he Justice Department lawyers department or agency funded under this Act ment of Justice shall pay any amounts owed knew the true facts and misrepresented to enter into an agreement related to resolv- as a result of any such lawsuit with funds ap- those facts to the citizens of the 26 Plaintiff ing a dispute or claim with an individual propriated under the heading of this title States, their lawyers and this Court on mul- that would restrict in any way the individual ‘‘SALARIES AND EXPENSES’’ under the heading tiple occasions. . . . Such conduct is cer- from speaking to members of Congress or of this title ‘‘GENERAL ADMINISTRATION’’ for tainly not worthy of any department whose their staff on any topic not otherwise prohib- human resources purposes. name includes the word ‘Justice.’ ’’. Id. at *3. ited from disclosure by Federal law or re- (B) ‘‘The United States Department of Jus- quired by Executive order to be kept secret SA 4838. Mr. SASSE submitted an tice . . . has now admitted making state- in the interest of national defense or the amendment intended to be proposed to ments that clearly did not match the facts. conduct of foreign affairs. amendment SA 4685 proposed by Mr. It has admitted that the lawyers who made Mr. PORTMAN (for himself SHELBY (for himself and Ms. MIKULSKI) these statements had knowledge of the truth SA 4841. to the bill H.R. 2578, making appropria- when they made these misstatements.’’. Id. and Mr. BROWN) submitted an amend- tions for the Departments of Commerce at *1. ment intended to be proposed to and Justice, Science, and Related (C) ‘‘These misrepresentations will be dis- amendment SA 4685 proposed by Mr. cussed in more detail below; but suffice it to Agencies for the fiscal year ending Sep- SHELBY (for himself and Ms. MIKULSKI) say the Government’s attorneys effectively to the bill H.R. 2578, making appropria- tember 30, 2016, and for other purposes; misled the Plaintiff States into foregoing a which was ordered to lie on the table; tions for the Departments of Commerce request for a temporary restraining order or and Justice, Science, and Related as follows: an earlier injunction hearing. Further, these Agencies for the fiscal year ending Sep- At the appropriate place, insert the fol- misrepresentations may have caused more lowing: damage in the intervening time period and tember 30, 2016, and for other purposes; SEC. lll. None of the funds made avail- may cause additional damage in the future. which was ordered to lie on the table; able by this Act may be used by a Depart- Counsel’s misrepresentations also mis- as follows:

VerDate Sep 11 2014 03:15 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JN6.035 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE June 21, 2016 CONGRESSIONAL RECORD — SENATE S4425 On page 80, between lines 17 and 18, insert be obligated or expended to implement any until the Comptroller General of the United the following: change relating to the status of the People’s States completes— GENERAL PROVISIONS Republic of China under section 771(18) of the (1) an analysis of the business case result- SEC. 301. (a) SENSE OF CONGRESS.—It is the Tariff Act of 1930 (19 U.S.C. 1677(18)). ing in the relocation of procurement services sense of Congress that conducting deep space under the consolidation; and exploration requires radioisotope power sys- SA 4844. Mrs. BOXER (for herself, Ms. (2) an assessment whether the relocation of tems, such as thermoelectric and Stirling CANTWELL, Mrs. MURRAY, and Mr. procurement services would enable the Field generators and converters. WYDEN) submitted an amendment in- Centers of the Administration to leverage for (b) ANALYSIS OF REQUIREMENTS AND tended to be proposed to amendment research full-time employees who would re- vert to the Centers under the consolidation. RISKS.—The Director of the Office of Science SA 4685 proposed by Mr. SHELBY (for and Technology Policy and the Adminis- trator of the National Aeronautics and Space himself and Ms. MIKULSKI) to the bill SA 4848. Ms. MIKULSKI (for herself, Administration, in consultation with the H.R. 2578, making appropriations for Mr. LEAHY, Ms. BALDWIN, Mr. NELSON, heads of other Federal agencies, shall con- the Departments of Commerce and Jus- Ms. HIRONO, Mr. DURBIN, and Mr. duct an analysis of— tice, Science, and Related Agencies for BROWN) submitted an amendment in- (1) the requirements of the National Aero- the fiscal year ending September 30, tended to be proposed to amendment nautics and Space Administration for radio- 2016, and for other purposes; which was SA 4685 proposed by Mr. SHELBY (for isotope power system material that is needed ordered to lie on the table; as follows: to carry out planned, high priority robotic himself and Ms. MIKULSKI) to the bill missions in the solar system and other sur- On page 16, line 3, strike ‘‘$65,000,000,’’ and H.R. 2578, making appropriations for face exploration activities beyond low-Earth insert ‘‘$80,000,000,’’. the Departments of Commerce and Jus- orbit; and tice, Science, and Related Agencies for (2) the risks to missions of the Administra- SA 4845. Mr. SASSE submitted an the fiscal year ending September 30, tion in meeting those requirements, or any amendment intended to be proposed by 2016, and for other purposes; which was additional requirements, due to a lack of him to the bill H.R. 2578, making ap- ordered to lie on the table; as follows: adequate radioisotope power system mate- propriations for the Departments of At the end of title II, add the following: rial. Commerce and Justice, Science, and SEC. 2ll. ADDITIONAL RESOURCES AND FIRE- SA 4842. Mr. CORNYN (for himself Related Agencies for the fiscal year ARMS TRAFFICKING. (a) ADEQUATE RESOURCES FOR FEDERAL BU- and Mr. UDALL) submitted an amend- ending September 30, 2016, and for REAU OF INVESTIGATION.—In addition to the ment intended to be proposed to other purposes; which was ordered to lie on the table; as follows: amounts provided under the heading ‘‘SALA- amendment SA 4685 proposed by Mr. RIES AND EXPENSES’’ under the heading ‘‘FED- At the appropriate place, insert the fol- SHELBY (for himself and Ms. MIKULSKI) ERAL BUREAU OF INVESTIGATION’’ under this to the bill H.R. 2578, making appropria- lowing: title, $175,000,000 for personnel, training, and tions for the Departments of Commerce SEC. ll. None of the funds appropriated in equipment needed to counter both foreign this Act may be used by the Department of and Justice, Science, and Related and domestic terrorism, including lone wolf Justice to enforce any contraceptive man- actors: Provided, That such amount is des- Agencies for the fiscal year ending Sep- date under title XXVII of the Public Health tember 30, 2016, and for other purposes; ignated by Congress as an emergency re- Service Act (42 U.S.C. 300gg et seq.) or the quirement pursuant to section 251(b)(2)(A)(i) which was ordered to lie on the table; Patient Protection and Affordable Care Act of the Balanced Budget and Emergency Def- as follows: (Public Law 111–148). icit Control Act of 1985 (2 U.S.C. On page 68, between lines 20 and 21, insert 901(b)(2)(A)(i)). the following: SA 4846. Mrs. BOXER (for herself, (b) ADEQUATE RESOURCES FOR VALOR.—In SEC. 218. (a) With respect to funds appro- Mrs. MURRAY, and Mr. WYDEN) sub- addition to the amounts provided under the priated under this title under the heading mitted an amendment intended to be heading ‘‘STATE AND LOCAL LAW ENFORCEMENT ‘‘STATE AND LOCAL LAW ENFORCEMENT ASSIST- proposed to amendment SA 4685 pro- ASSISTANCE’’ under the heading ‘‘OFFICE OF ANCE’’ the Attorney General shall award posed by Mr. SHELBY (for himself and JUSTICE PROGRAMS’’ under this title, grants, not exceed an aggregate amount of Ms. MIKULSKI) to the bill H.R. 2578, $15,000,000 for an Officer Robert Wilson III $4,000,000, to county, municipal, or tribal making appropriations for the Depart- memorial initiative on Preventing Violence governments in States along the Southwest Against Law Enforcement Officer Resilience border of the United States, for costs, or re- ments of Commerce and Justice, and Survivability (VALOR): Provided, That imbursement of costs, associated with the Science, and Related Agencies for the such amount is designated by Congress as an transportation and processing of unidentified fiscal year ending September 30, 2016, emergency requirement pursuant to section alien remains that have been transferred to and for other purposes; which was or- 251(b)(2)(A)(i) of the Balanced Budget and an official medical examiner’s office or an dered to lie on the table; as follows: Emergency Deficit Control Act of 1985 (2 area university with the capacity to analyze On page 16, line 3, strike ‘‘$65,000,000,’’ and U.S.C. 901(b)(2)(A)(i)). human remains using forensic best practices insert ‘‘$80,000,000, of which $15,000,000 is des- (c) ADEQUATE RESOURCES FOR CIVIL RIGHTS where such expenses may contribute to the ignated by Congress as an emergency re- DIVISION.—In addition to the amounts pro- collection and analysis of information per- quirement pursuant to section 251(b)(2)(A)(i) vided under the heading ‘‘SALARIES AND EX- taining to missing and unidentified persons. of the Balanced Budget and Emergency Def- PENSES, GENERAL LEGAL ACTIVITIES’’ under (b) The restriction under section 1001(c) of the heading ‘‘LEGAL ACTIVITIES’’ under this the Omnibus Crime Control and Safe Streets icit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(i)),’’. title, $30,000,000 for the Civil Rights Division Act of 1968 (42 U.S.C. 3793(c)) shall not apply of the Department of Justice: Provided, That to amounts made available under subsection such amount is designated by Congress as an (a): Provided, that the Attorney General shall SA 4847. Mr. BROWN (for himself and emergency requirement pursuant to section otherwise award amounts made available Mr. PORTMAN) submitted an amend- 251(b)(2)(A)(i) of the Balanced Budget and under subsection (a) in a manner and form ment intended to be proposed to Emergency Deficit Control Act of 1985 (2 consistent with amounts made available amendment SA 4685 proposed by Mr. U.S.C. 901(b)(2)(A)(i)). under paragraph (1) under the heading SHELBY (for himself and Ms. MIKULSKI) (d) ADEQUATE RESOURCES FOR COMMUNITY ‘‘STATE AND LOCAL LAW ENFORCEMENT ASSIST- to the bill H.R. 2578, making appropria- RELATIONS SERVICE.—In addition to the ANCE’’. amounts provided under the heading ‘‘SALA- tions for the Departments of Commerce RIES AND EXPENSES, COMMUNITY RELATIONS SA 4843. Mr. SASSE (for himself and and Justice, Science, and Related SERVICE’’ under the heading ‘‘LEGAL ACTIVI- Mr. FRANKEN) submitted an amend- Agencies for the fiscal year ending Sep- TIES’’ under this title, $11,000,000 for the ment intended to be proposed by him tember 30, 2016, and for other purposes; Community Relations Service of the Depart- to the bill H.R. 2578, making appropria- which was ordered to lie on the table; ment of Justice for personnel and training to tions for the Departments of Commerce as follows: respond to hate crimes: Provided, That such and Justice, Science, and Related On page 80, between lines 17 and 18, insert amount is designated by Congress as an Agencies for the fiscal year ending Sep- the following: emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and tember 30, 2016, and for other purposes; GENERAL PROVISION Emergency Deficit Control Act of 1985 (2 which was ordered to lie on the table; SEC. 301. It is the sense of Congress that U.S.C. 901(b)(2)(A)(i)). as follows: the National Aeronautics and Space Admin- (e) STRENGTHENING FIREARMS TRAFFICKING At the appropriate place, insert the fol- istration should not continue to implement INVESTIGATIONS AND PROSECUTIONS.—Section lowing: the consolidation of procurement and human 924 of title 18, United States Code, is amend- SEC. ll. None of the funds appropriated resource services, as recommended by the ed by striking subsection (h) and inserting or otherwise made available by this Act may Technical Capabilities Assessment Team, the following:

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‘‘(h) Whoever knowingly transfers or re- (b) PLAN TO IMPROVE RADAR COVERAGE.— ‘‘Former Presidents Act of 1958’’) (3 U.S.C. ceives a firearm, knowing or having reason- Not later than 30 days after the completion 102 note), is amended by striking the matter able cause to believe that such firearm will of the study under subsection (a)(1), the Sec- preceding subsection (e) and inserting the be used to commit a Federal crime of ter- retary of Commerce shall submit a plan to following: rorism (as defined in section 2332b(g)(5)), a the congressional committees referred to in ‘‘(a) IN GENERAL.—Each former President crime of violence (as defined in subsection subsection (a)(3) for improving radar cov- shall be entitled for the remainder of his or (c)(3)), or a drug trafficking crime (as defined erage in the areas identified under sub- her life to receive from the United States— in subsection (c)(2)) shall be imprisoned not section (a)(2)(A) by integrating and upgrad- ‘‘(1) an annuity at the rate of $200,000 per more than 15 years, fined in accordance with ing, to the extent practicable, additional ob- year, subject to subsection (c); and this title, or both.’’. servation solutions to improve hazardous ‘‘(2) a monetary allowance at the rate of weather detection and forecasting. $200,000 per year, subject to subsections (c) SA 4849. Mr. BURR (for himself and (c) REQUIREMENT FOR THIRD-PARTY REVIEWS and (d). Ms. CANTWELL) submitted an amend- REGARDING PLAN TO IMPROVE RADAR COV- ‘‘(b) DURATION; FREQUENCY.— ment intended to be proposed to ERAGE.—The Secretary of Commerce shall ‘‘(1) IN GENERAL.—The annuity and allow- ance under subsection (a) shall each— amendment SA 4685 proposed by Mr. seek third-party reviews on scientific meth- odology relating to, and the feasibility and ‘‘(A) commence on the day after the date SHELBY (for himself and Ms. MIKULSKI) on which an individual becomes a former to the bill H.R. 2578, making appropria- advisability of, implementing the plan sub- mitted under subsection (b), including the President; tions for the Departments of Commerce extent to which warning and forecast serv- ‘‘(B) terminate on the date on which the and Justice, Science, and Related ices of the National Weather Service would former President dies; and Agencies for the fiscal year ending Sep- be improved by additional NEXRAD cov- ‘‘(C) be payable by the Secretary of the tember 30, 2016, and for other purposes; erage. Treasury on a monthly basis. which was ordered to lie on the table; ‘‘(2) APPOINTIVE OR ELECTIVE POSITIONS.— SA 4850. Mr. SASSE submitted an The annuity and allowance under subsection as follows: (a) shall not be payable for any period during At the appropriate place, insert the fol- amendment intended to be proposed to amendment SA 4685 proposed by Mr. which a former President holds an appoint- lowing: ive or elective position in or under the Fed- SEC. ll. STUDY ON GAPS IN NEXRAD COVERAGE SHELBY (for himself and Ms. MIKULSKI) eral Government to which is attached a rate AND REQUIREMENT FOR PLAN TO to the bill H.R. 2578, making appropria- of pay other than a nominal rate. ADDRESS SUCH GAPS. tions for the Departments of Commerce ‘‘(c) COST-OF-LIVING INCREASES.—Effective (a) STUDY ON GAPS IN NEXRAD COV- and Justice, Science, and Related December 1 of each year, each annuity and ERAGE.— Agencies for the fiscal year ending Sep- allowance under subsection (a) that com- (1) IN GENERAL.—Not later than 90 days tember 30, 2016, and for other purposes; menced before that date shall be increased after the date of the enactment of this Act, by the same percentage by which benefit the Secretary of Commerce shall complete a which was ordered to lie on the table; amounts under title II of the Social Security study on gaps in the coverage of the Next as follows: Act (42 U.S.C. 401 et seq.) are increased, ef- Generation Weather Radar of the National At the appropriate place , insert the fol- fective as of that date, as a result of a deter- Weather Service (referred to in this section lowing: mination under section 215(i) of that Act (42 as ‘‘NEXRAD’’). SEC. ll. None of the funds appropriated U.S.C. 415(i)). (2) ELEMENTS.—In conducting the study re- or otherwise made available to the Depart- ‘‘(d) LIMITATION ON MONETARY ALLOW- quired under paragraph (1), the Secretary ment of Justice under this Act may be used ANCE.— shall— by the Department of Justice to defend the ‘‘(1) IN GENERAL.—Notwithstanding any (A) identify areas in the United States constitutionality of the Bureau of Consumer other provision of this section, the monetary with limited or no NEXRAD coverage below Financial Protection. allowance payable under subsection (a)(2) to 6,000 feet above ground level of the sur- a former President for any 12-month period— rounding terrain; SA 4851. Mr. SASSE submitted an ‘‘(A) except as provided in subparagraph (B) for the areas identified under subpara- amendment intended to be proposed to (B), may not exceed the amount by which— graph (A)— amendment SA 4685 proposed by Mr. ‘‘(i) the monetary allowance that (but for (i) identify the key weather effects for this subsection) would otherwise be so pay- SHELBY (for himself and Ms. MIKULSKI) which prediction would improve with im- able for such 12-month period, exceeds (if at proved radar detection; to the bill H.R. 2578, making appropria- all) (ii) identify additional sources of observa- tions for the Departments of Commerce ‘‘(ii) the applicable reduction amount for tions for high impact weather that were and Justice, Science, and Related such 12-month period; and available and operational for such areas on Agencies for the fiscal year ending Sep- ‘‘(B) shall not be less than the amount de- the day before the date of the enactment of tember 30, 2016, and for other purposes; termined under paragraph (4). this Act, including Terminal Doppler Weath- which was ordered to lie on the table; ‘‘(2) DEFINITION.— er Radar (commonly known as ‘‘TDWR’’), air as follows: ‘‘(A) IN GENERAL.—For purposes of para- surveillance radars of the Federal Aviation graph (1), the term ‘applicable reduction At the appropriate place, insert the fol- Administration, and cooperative network ob- amount’ means, with respect to any former lowing: servers; and President and in connection with any 12- SEC. ll. None of the funds appropriated in (iii) assess the feasibility and advisability month period, the amount by which— this Act may be used by the Department of of efforts to integrate and upgrade Federal ‘‘(i) the sum of— Justice to enforce the contraceptive, abor- radar capabilities that are not owned or con- ‘‘(I) the adjusted gross income (as defined tifacient, and sterilization coverage man- trolled by the National Oceanic and Atmos- in section 62 of the Internal Revenue Code of dates under title XXVII of the Public Health pheric Administration, including radar capa- 1986) of the former President for the most re- Service Act (42 U.S.C. 300gg et seq.). bilities of the Federal Aviation Administra- cent taxable year for which a tax return is tion and the Department of Defense; available; and Mr. MCCONNELL (for Mrs. (C) assess the feasibility and advisability SA 4852. ‘‘(II) any interest excluded from the gross of incorporating State-operated and other ERNST) proposed an amendment to the income of the former President under section non-Federal radars into the operations of the bill H.R. 1777, to amend the Act of Au- 103 of such Code for such taxable year, ex- National Weather Service; gust 25, 1958, commonly known as the ceeds (if at all) (D) identify options to improve radar cov- ‘‘Former Presidents Act of 1958’’, with ‘‘(ii) $400,000, subject to subparagraph (C). erage in the areas identified under subpara- respect to the monetary allowance pay- ‘‘(B) JOINT RETURNS.—In the case of a joint graph (A); and able to a former President, and for return, subclauses (I) and (II) of subpara- (E) estimate the cost of, and develop a other purposes; as follows: graph (A)(i) shall be applied by taking into timeline for, carrying out each of the options account both the amounts properly allocable identified under subparagraph (D). Strike all after the enacting clause and in- to the former President and the amounts sert the following: (3) REPORT.—Upon the completion of the properly allocable to the spouse of the study required under paragraph (1), the Sec- SECTION 1. SHORT TITLE. former President. retary shall submit a report to the Com- This Act may be cited as the ‘‘Presidential ‘‘(C) COST-OF-LIVING INCREASES.—The dollar mittee on Commerce, Science, and Transpor- Allowance Modernization Act of 2016’’. amount specified in subparagraph (A)(ii) tation of the Senate, the Committee on Ap- SEC. 2. AMENDMENTS. shall be adjusted at the same time that, and propriations of the Senate, the Committee (a) FORMER PRESIDENTS.—The first section by the same percentage by which, the mone- on Science, Space, and Technology of the of the Act entitled ‘‘An Act to provide retire- tary allowance of the former President is in- House of Representatives, and the Com- ment, clerical assistants, and free mailing creased under subsection (c) (disregarding mittee on Appropriations of the House of privileges to former Presidents of the United this subsection). Representatives that includes the findings of States, and for other purposes’’, approved ‘‘(3) DISCLOSURE REQUIREMENT.— the Secretary with respect to the study. August 25, 1958 (commonly known as the ‘‘(A) DEFINITIONS.—In this paragraph—

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‘‘(i) the terms ‘return’ and ‘return informa- SEC. 3. RULE OF CONSTRUCTION. ‘‘(E) FLOOR ON BID CEILING FOR DURABLE tion’ have the meanings given those terms in Nothing in this Act or an amendment MEDICAL EQUIPMENT.— section 6103(b) of the Internal Revenue Code made by this Act shall be construed to af- ‘‘(i) IN GENERAL.—The ceiling for a bid sub- of 1986; and fect— mitted for applicable covered items may not ‘‘(ii) the term ‘Secretary’ means the Sec- (1) any provision of law relating to the se- be less than the fee schedule amount that retary of the Treasury or the Secretary of curity or protection of a former President or would otherwise be determined under section the Treasury’s delegate. a member of the family of a former Presi- 1834(a), section 1834(h), or section 1842(s) for ‘‘(B) REQUIREMENT.—A former President dent; or such items furnished on July 1, 2016 (deter- may not receive a monetary allowance under (2) funding, under the Former Presidents mined as if section 2 of the Patient Access to subsection (a)(2) unless the former President Act of 1958 or any other law, to carry out any Durable Medical Equipment Act of 2016 had discloses to the Secretary, upon the request provision of law described in paragraph (1). not been enacted). of the Secretary, any return or return infor- SEC. 4. TRANSITION RULES. ‘‘(ii) APPLICABLE COVERED ITEMS DEFINED.— mation of the former President or spouse of (a) FORMER PRESIDENTS.—In the case of For purposes of this subparagraph, the term the former President that the Secretary de- any individual who is a former President on ‘applicable covered items’ means competi- termines is necessary for purposes of calcu- the date of enactment of this Act, the tively priced items and services described in lating the applicable reduction amount amendment made by section 2(a) shall be ap- subsection (a)(2) that are furnished with re- under paragraph (2) of this subsection. plied as if the commencement date referred spect to rounds of competition that begin on ‘‘(C) CONFIDENTIALITY.—Except as provided in subsection (b)(1)(A) of the first section of or after January 1, 2017.’’. in section 6103 of the Internal Revenue Code the Former Presidents Act of 1958, as amend- SEC. 4. REQUIREMENTS IN DETERMINING AD- of 1986 and notwithstanding any other provi- ed by section 2(a), coincided with such date JUSTMENTS USING INFORMATION sion of law, the Secretary may not, with re- of enactment. FROM COMPETITIVE BIDDING PRO- spect to a return or return information dis- (b) WIDOWS.—In the case of any individual GRAMS. closed to the Secretary under subparagraph who is the widow of a former President on (a) IN GENERAL.—Section 1834(a)(1)(G) of (B)— the date of enactment of this Act, the the Social Security Act (42 U.S.C. ‘‘(i) disclose the return or return informa- amendments made by section 2(b)(1) shall be 1395m(a)(1)(G)) is amended by adding at the tion to any entity or person; or applied as if the commencement date re- end the following new sentence: ‘‘In the case ‘‘(ii) use the return or return information ferred to in subsection (e)(1) of the first sec- of items and services furnished on or after for any purpose other than to calculate the tion of the Former Presidents Act of 1958, as January 1, 2019, in making any adjustments applicable reduction amount under para- amended by section 2(b)(1), coincided with under clause (ii) or (iii) of subparagraph (F), graph (2). such date of enactment. under subsection (h)(1)(H)(ii), or under sec- ‘‘(4) INCREASED COSTS DUE TO SECURITY SEC. 5. APPLICABILITY. tion 1842(s)(3)(B), the Secretary shall— NEEDS.—With respect to the monetary allow- For a former President receiving a mone- ‘‘(i) solicit and take into account stake- ance that would be payable to a former tary allowance under the Former Presidents holder input; and President under subsection (a)(2) for any 12- Act of 1958 on the day before the date of en- ‘‘(ii) take into account the highest amount month period but for the limitation under actment of this Act, the limitation under bid by a winning supplier in a competitive paragraph (1), the Administrator of General subsection (d)(1) of the first section of that acquisition area and a comparison of each of Services, in coordination with the Director Act, as amended by section 2(a), shall apply the following with respect to non-competi- of the United States Secret Service, shall de- to the monetary allowance of the former tive acquisition areas and competitive acqui- termine the amount of the allowance that is President, except to the extent that the ap- sition areas: needed to pay the increased cost of doing plication of the limitation would prevent the ‘‘(I) The average travel distance and cost business that is attributable to the security former President from being able to pay the associated with furnishing items and serv- needs of the former President.’’. cost of a lease or other contract that is in ef- ices in the area. fect on the day before the date of enactment ‘‘(II) Any barriers to access for items and (b) SURVIVING SPOUSES OF FORMER PRESI- of this Act and under which the former services in the area. DENTS.— President makes payments using the mone- ‘‘(III) The average delivery time in fur- (1) INCREASE IN AMOUNT OF MONETARY AL- tary allowance, as determined by the Admin- nishing items and services in the area. LOWANCE.—Subsection (e) of the first section istrator of General Services. ‘‘(IV) The average volume of items and of the Former Presidents Act of 1958 is services furnished by suppliers in the area. amended— SA 4853. Mr. MCCONNELL (for Mr. ‘‘(V) The number of suppliers in the area.’’. (A) in the first sentence, by striking THUNE) proposed an amendment to the (b) CONFORMING AMENDMENTS.—(1) Section ‘‘$20,000 per annum,’’ and inserting ‘‘$100,000 bill S. 2736, to improve access to dura- 1834(h)(1)(H)(ii) of the Social Security Act (42 per year (subject to paragraph (4)),’’; and U.S.C. 1395m(h)(1)(H)(ii)) is amended by (B) in the second sentence— ble medical equipment for Medicare beneficiaries under the Medicare pro- striking ‘‘the Secretary’’ and inserting ‘‘sub- (i) in paragraph (2), by striking ‘‘and’’ at ject to subsection (a)(1)(G), the Secretary’’. the end; gram, and for other purposes; as fol- (2) Section 1842(s)(3)(B) of the Social Secu- (ii) in paragraph (3)— lows: rity Act (42 U.S.C. 1395m(s)(3)(B)) is amended (I) by striking ‘‘or the government of the Strike all after the enacting clause and in- by striking ‘‘the Secretary’’ and inserting District of Columbia’’; and sert the following: ‘‘subject to section 1834(a)(1)(G), the Sec- (II) by striking the period and inserting ‘‘; SECTION 1. SHORT TITLE. retary’’. and’’; and This Act may be cited as the ‘‘Patient Ac- SEC. 5. REPORTS ON THE RESULTS OF THE MONI- (iii) by inserting after paragraph (3) the cess to Durable Medical Equipment Act of TORING OF ACCESS OF MEDICARE following: 2016’’. BENEFICIARIES TO DURABLE MED- ‘‘(4) shall, after its commencement date, be SEC. 2. EXTENSION OF THE TRANSITION TO NEW ICAL EQUIPMENT AND OF HEALTH increased at the same time that, and by the PAYMENT RATES FOR DURABLE OUTCOMES. same percentage by which, annuities of MEDICAL EQUIPMENT UNDER THE Not later than October 1, 2016, January 1, former Presidents are increased under sub- MEDICARE PROGRAM. 2017, April 1, 2017, and July 1, 2017, the Sec- section (c).’’. The Secretary of Health and Human Serv- retary of Health and Human Services shall (2) COVERAGE OF WIDOWER OF A FORMER ices shall extend the transition period de- publish on the Internet website of the Cen- PRESIDENT.—Subsection (e) of the first sec- scribed in clause (i) of section 414.210(g)(9) of ters for Medicare & Medicaid Services the re- tion of the Former Presidents Act of 1958, as title 42, Code of Federal Regulations, from sults of the monitoring of access of Medicare amended by paragraph (1), is amended— June 30, 2016, to June 30, 2017 (with the full beneficiaries to durable medical equipment (A) by striking ‘‘widow’’ each place it ap- implementation described in clause (ii) of and of health outcomes, as described on page pears and inserting ‘‘widow or widower’’; and such section applying to items and services 66228 in the final rule published by the Cen- (B) by striking ‘‘she’’ and inserting ‘‘she or furnished with dates of service on or after ter for Medicare & Medicaid Services on No- he’’. July 1, 2017). vember 6, 2014, and entitled ‘‘Medicare Pro- SEC. 3. FLOOR ON BID CEILING FOR COMPETI- gram; End-Stage Renal Disease Prospective (c) SUBSECTION HEADINGS.—The first sec- TIVE ACQUISITION FOR DURABLE Payment System, Quality Incentive Pro- tion of the Former Presidents Act of 1958 is MEDICAL EQUIPMENT UNDER THE gram, and Durable Medical Equipment, Pros- amended— MEDICARE PROGRAM. thetics, Orthotics, and Supplies’’ (79 Fed. (1) in subsection (e), by inserting after the Section 1847(b)(5) of the Social Security Reg. 66120-66265). subsection enumerator the following: ‘‘WID- Act (42 U.S.C. 1395w–3(b)(5)) is amended— SEC. 6. REVISION OF EFFECTIVE DATE OF PROVI- OWS AND WIDOWERS.—’’; (1) in subparagraph (A)— SION LIMITING FEDERAL MEDICAID (2) in subsection (f), by inserting after the (A) by inserting ‘‘, subject to subparagraph REIMBURSEMENT TO STATES FOR subsection enumerator the following: ‘‘DEFI- (E),’’ after ‘‘subsection (a)(2)’’; and DURABLE MEDICAL EQUIPMENT NITION.—’’; and (B) by inserting ‘‘, subject to subparagraph (DME) TO MEDICARE PAYMENT (3) in subsection (g), by inserting after the (E),’’ after ‘‘Based on such bids’’; and RATES. subsection enumerator the following: ‘‘AU- (2) by adding at the end the following new (a) IN GENERAL.—Section 1903(i)(27) of the THORIZATION OF APPROPRIATIONS.—’’. subparagraph: Social Security Act (42 U.S.C. 1396b(i)(27)) is

VerDate Sep 11 2014 03:15 Jun 22, 2016 Jkt 059060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A21JN6.038 S21JNPT1 rfrederick on DSK6VPTVN1PROD with SENATE S4428 CONGRESSIONAL RECORD — SENATE June 21, 2016 amended by striking ‘‘January 1, 2019’’ and The PRESIDING OFFICER. Without and recognizing that the collection and res- inserting ‘‘October 1, 2018’’. objection, it is so ordered. toration of historic and classic cars is an im- (b) EFFECTIVE DATE.—The amendment portant part of preserving the technological COMMITTEE ON THE JUDICIARY made by subsection (a) shall take effect as if achievements and cultural heritage of the included in the enactment of section 503 of Mrs. FISCHER. Mr. President, I ask United States. unanimous consent that the Com- division O of Public Law 114–113. There being no objection, the Senate mittee on the Judiciary be authorized f proceeded to consider the resolution. to meet during the session of the Sen- Mr. MCCONNELL. I ask unanimous AUTHORITY FOR COMMITTEES TO ate on June 21, 2016, at 9:30 a.m., in consent that the resolution be agreed MEET room SD–226 of the Dirksen Senate Of- to, the preamble be agreed to, and the fice Building, to conduct a hearing en- COMMITTEE ON ARMED SERVICES motions to reconsider be considered titled ‘‘Nominations.’’ Mrs. FISCHER. Mr. President, I ask made and laid upon the table with no unanimous consent that the Com- The PRESIDING OFFICER. Without objection, it is so ordered. intervening action or debate. mittee on Armed Services be author- The PRESIDING OFFICER. Without ized to meet during the session of the COMMITTEE ON VETERANS’ AFFAIRS objection, it is so ordered. Senate on June 21, 2016, at 9:30 a.m. Mrs. FISCHER. Mr. President, I ask The resolution (S. Res. 507) was The PRESIDING OFFICER. Without unanimous consent that the Com- agreed to. objection, it is so ordered. mittee on Veterans’ Affairs be author- The preamble was agreed to. COMMITTEE ON BANKING, HOUSING, AND URBAN ized to meet during the session of the (The resolution, with its preamble, is AFFAIRS Senate on June 21, 2016, at 2:30 p.m., in printed in today’s RECORD under ‘‘Sub- Mrs. FISCHER. Mr. President, I ask room SR–418 of the Russell Senate Of- mitted Resolutions.’’) fice Building. unanimous consent that the Com- f mittee on Banking, Housing, and The PRESIDING OFFICER. Without Urban Affairs be authorized to meet objection, it is so ordered. PRESIDENTIAL ALLOWANCE during the session of the Senate on SELECT COMMITTEE ON INTELLIGENCE MODERNIZATION ACT June 21, 2016, at 10 a.m., to conduct a Mrs. FISCHER. Mr. President, I ask Mr. MCCONNELL. Mr. President, I hearing entitled ‘‘The Semiannual unanimous consent that the Select ask unanimous consent that the Com- Monetary Policy Report to the Con- Committee on Intelligence be author- mittee on Homeland Security and Gov- gress.’’ ized to meet during the session of the ernmental Affairs be discharged from The PRESIDING OFFICER. Without Senate on June 21, 2016, at 2:30 p.m., in further consideration of H.R. 1777 and objection, it is so ordered. room SH–219 of the Hart Senate Office the Senate proceed to its immediate COMMITTEE ON COMMERCE, SCIENCE, AND Building. consideration. TRANSPORTATION The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Mrs. FISCHER. Mr. President, I ask objection, it is so ordered. objection, it is so ordered. unanimous consent that the Com- SUBCOMMITTEE ON ANTITRUST, COMPETITION The clerk will report the bill by title. mittee on Commerce, Science, and POLICY, AND CONSUMER RIGHTS The senior assistant legislative clerk Transportation be authorized to meet Mrs. FISCHER. Mr. President, I ask read as follows: during the session of the Senate on unanimous consent that the Com- A bill (H.R. 1777) to amend the Act of Au- June 21, 2016, at 9:30 a.m., in room SR– mittee on the Judiciary, Sub- gust 25, 1958, commonly known as the 253 of the Russell Senate Office Build- committee on Antitrust, Competition ‘‘Former Presidents Act of 1958,’’ with re- Policy, and Consumer Rights be au- spect to the monetary allowance payable to ing to conduct a Subcommittee hearing a former President, and for other purposes. entitled ‘‘FirstNet Oversight: An Up- thorized to meet during the session of date on the Status of the Public Safety the Senate on June 21, 2016, at 2 p.m., There being no objection, the Senate Broadband Network.’’ in room SD–226 of the Dirksen Senate proceeded to consider the bill. The PRESIDING OFFICER. Without Office Building, to conduct a hearing Mr. MCCONNELL. I ask unanimous objection, it is so ordered. entitled ‘‘The CREATES Act: Ending consent that the Ernst substitute amendment be agreed to; the bill, as COMMITTEE ON FOREIGN RELATIONS Regulatory Abuse, Protecting Con- sumers, and Ensuring Drug Price Com- amended, be read a third time and Mrs. FISCHER. Mr. President, I ask passed; and the motion to reconsider be unanimous consent that the Com- petition.’’ The PRESIDING OFFICER. Without considered made and laid upon the mittee on Foreign Relations be author- objection, it is so ordered. table. ized to meet during the session of the The PRESIDING OFFICER. Is there Senate on June 21, 2016, at 2:30 p.m. SUBCOMMITTEE ON PUBLIC LANDS, FORESTS, AND MINING objection? The PRESIDING OFFICER. Without Mrs. FISCHER. Mr. President, I ask Without objection, it is so ordered. objection, it is so ordered. unanimous consent that the Com- The amendment (No. 4852) was agreed COMMITTEE ON HEALTH, EDUCATION, LABOR, mittee on Energy and Natural Re- to, as follows: AND PENSIONS sources’ Subcommittee on Public (Purpose: In the nature of a substitute) Mrs. FISCHER. Mr. President, I ask Lands, Forests, and Mining be author- Strike all after the enacting clause and in- unanimous consent that the Com- ized to meet during the session of the sert the following: mittee on Health, Education, Labor, Senate on June 21, 2016, at 2:30 p.m., in SECTION 1. SHORT TITLE. and Pensions be authorized to meet room SD–366 of the Dirksen Senate Of- This Act may be cited as the ‘‘Presidential during the session of the Senate on fice Building. Allowance Modernization Act of 2016’’. June 21, 2016, at 2:30 p.m., in room SH– The PRESIDING OFFICER. Without SEC. 2. AMENDMENTS. 216 of the Hart Senate Office Building objection, it is so ordered. (a) FORMER PRESIDENTS.—The first section to conduct a hearing entitled ‘‘Small of the Act entitled ‘‘An Act to provide retire- Business Retirement Pooling: Exam- f ment, clerical assistants, and free mailing ining Open Multiple Employer Plans.’’ COLLECTOR CAR APPRECIATION privileges to former Presidents of the United The PRESIDING OFFICER. Without DAY States, and for other purposes’’, approved August 25, 1958 (commonly known as the objection, it is so ordered. Mr. MCCONNELL. Mr. President, I ‘‘Former Presidents Act of 1958’’) (3 U.S.C. COMMITTEE ON HOMELAND SECURITY AND ask unanimous consent that the Sen- 102 note), is amended by striking the matter GOVERNMENTAL AFFAIRS ate proceed to the consideration of S. preceding subsection (e) and inserting the Mrs. FISCHER. Mr. President, I ask Res. 507, submitted earlier today. following: unanimous consent that the Com- The PRESIDING OFFICER. The ‘‘(a) IN GENERAL.—Each former President mittee on Homeland Security and Gov- clerk will report the resolution by shall be entitled for the remainder of his or ernmental Affairs be authorized to her life to receive from the United States— title. ‘‘(1) an annuity at the rate of $200,000 per meet during the session of the Senate The senior assistant legislative clerk year, subject to subsection (c); and on June 21, 2016, at 10 a.m., to conduct read as follows: ‘‘(2) a monetary allowance at the rate of a hearing entitled ‘‘The Ideology of A resolution (S. Res. 507) designating July $200,000 per year, subject to subsections (c) ISIS.’’ 8, 2016, as Collector Car Appreciation Day and (d).

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‘‘(b) DURATION; FREQUENCY.— mation of the former President or spouse of the date of enactment of this Act, the ‘‘(1) IN GENERAL.—The annuity and allow- the former President that the Secretary de- amendment made by section 2(a) shall be ap- ance under subsection (a) shall each— termines is necessary for purposes of calcu- plied as if the commencement date referred ‘‘(A) commence on the day after the date lating the applicable reduction amount in subsection (b)(1)(A) of the first section of on which an individual becomes a former under paragraph (2) of this subsection. the Former Presidents Act of 1958, as amend- President; ‘‘(C) CONFIDENTIALITY.—Except as provided ed by section 2(a), coincided with such date ‘‘(B) terminate on the date on which the in section 6103 of the Internal Revenue Code of enactment. former President dies; and of 1986 and notwithstanding any other provi- (b) WIDOWS.—In the case of any individual ‘‘(C) be payable by the Secretary of the sion of law, the Secretary may not, with re- who is the widow of a former President on Treasury on a monthly basis. spect to a return or return information dis- the date of enactment of this Act, the ‘‘(2) APPOINTIVE OR ELECTIVE POSITIONS.— closed to the Secretary under subparagraph amendments made by section 2(b)(1) shall be The annuity and allowance under subsection (B)— applied as if the commencement date re- (a) shall not be payable for any period during ‘‘(i) disclose the return or return informa- ferred to in subsection (e)(1) of the first sec- which a former President holds an appoint- tion to any entity or person; or tion of the Former Presidents Act of 1958, as ive or elective position in or under the Fed- ‘‘(ii) use the return or return information amended by section 2(b)(1), coincided with eral Government to which is attached a rate for any purpose other than to calculate the such date of enactment. of pay other than a nominal rate. applicable reduction amount under para- SEC. 5. APPLICABILITY. ‘‘(c) COST-OF-LIVING INCREASES.—Effective graph (2). For a former President receiving a mone- December 1 of each year, each annuity and ‘‘(4) INCREASED COSTS DUE TO SECURITY tary allowance under the Former Presidents allowance under subsection (a) that com- NEEDS.—With respect to the monetary allow- Act of 1958 on the day before the date of en- menced before that date shall be increased ance that would be payable to a former actment of this Act, the limitation under by the same percentage by which benefit President under subsection (a)(2) for any 12- subsection (d)(1) of the first section of that amounts under title II of the Social Security month period but for the limitation under Act, as amended by section 2(a), shall apply Act (42 U.S.C. 401 et seq.) are increased, ef- paragraph (1), the Administrator of General to the monetary allowance of the former fective as of that date, as a result of a deter- Services, in coordination with the Director President, except to the extent that the ap- mination under section 215(i) of that Act (42 of the United States Secret Service, shall de- plication of the limitation would prevent the U.S.C. 415(i)). termine the amount of the allowance that is former President from being able to pay the ‘‘(d) LIMITATION ON MONETARY ALLOW- needed to pay the increased cost of doing cost of a lease or other contract that is in ef- ANCE.— business that is attributable to the security fect on the day before the date of enactment ‘‘(1) IN GENERAL.—Notwithstanding any needs of the former President.’’. of this Act and under which the former other provision of this section, the monetary (b) SURVIVING SPOUSES OF FORMER PRESI- President makes payments using the mone- allowance payable under subsection (a)(2) to DENTS.— tary allowance, as determined by the Admin- a former President for any 12-month period— (1) INCREASE IN AMOUNT OF MONETARY AL- istrator of General Services. ‘‘(A) except as provided in subparagraph LOWANCE.—Subsection (e) of the first section (B), may not exceed the amount by which— of the Former Presidents Act of 1958 is The amendment was ordered to be ‘‘(i) the monetary allowance that (but for amended— engrossed, and the bill to be read a this subsection) would otherwise be so pay- (A) in the first sentence, by striking third time. able for such 12-month period, exceeds (if at ‘‘$20,000 per annum,’’ and inserting ‘‘$100,000 The bill was read the third time. all) per year (subject to paragraph (4)),’’; and The bill (H.R. 1777), as amended, was ‘‘(ii) the applicable reduction amount for (B) in the second sentence— passed. such 12-month period; and (i) in paragraph (2), by striking ‘‘and’’ at f ‘‘(B) shall not be less than the amount de- the end; termined under paragraph (4). (ii) in paragraph (3)— PATIENT ACCESS TO DURABLE ‘‘(2) DEFINITION.— (I) by striking ‘‘or the government of the MEDICAL EQUIPMENT ACT OF 2016 ‘‘(A) IN GENERAL.—For purposes of para- District of Columbia’’; and Mr. MCCONNELL. Mr. President, I graph (1), the term ‘applicable reduction (II) by striking the period and inserting ‘‘; amount’ means, with respect to any former and’’; and ask unanimous consent that the Fi- President and in connection with any 12- (iii) by inserting after paragraph (3) the nance Committee be discharged from month period, the amount by which— following: further consideration of and the Senate ‘‘(i) the sum of— ‘‘(4) shall, after its commencement date, be proceed to the immediate consider- ‘‘(I) the adjusted gross income (as defined increased at the same time that, and by the ation of S. 2736. in section 62 of the Internal Revenue Code of same percentage by which, annuities of The PRESIDING OFFICER. Without 1986) of the former President for the most re- former Presidents are increased under sub- objection, it is so ordered. cent taxable year for which a tax return is section (c).’’. The clerk will report the bill by title. available; and (2) COVERAGE OF WIDOWER OF A FORMER The senior assistant legislative clerk ‘‘(II) any interest excluded from the gross PRESIDENT.—Subsection (e) of the first sec- read as follows: income of the former President under section tion of the Former Presidents Act of 1958, as 103 of such Code for such taxable year, ex- amended by paragraph (1), is amended— A bill (S. 2736) to improve access to durable ceeds (if at all) (A) by striking ‘‘widow’’ each place it ap- medical equipment for Medicare bene- ‘‘(ii) $400,000, subject to subparagraph (C). pears and inserting ‘‘widow or widower’’; and ficiaries under the Medicare program, and ‘‘(B) JOINT RETURNS.—In the case of a joint (B) by striking ‘‘she’’ and inserting ‘‘she or for other purposes. return, subclauses (I) and (II) of subpara- he’’. There being no objection, the Senate graph (A)(i) shall be applied by taking into (c) SUBSECTION HEADINGS.—The first sec- proceeded to consider the bill. account both the amounts properly allocable tion of the Former Presidents Act of 1958 is Mr. MCCONNELL. Mr. President, I to the former President and the amounts amended— ask unanimous consent that the Thune properly allocable to the spouse of the (1) in subsection (e), by inserting after the amendment be agreed to, and that the subsection enumerator the following: ‘‘WID- former President. bill, as amended, be considered to be ‘‘(C) COST-OF-LIVING INCREASES.—The dollar OWS AND WIDOWERS.—’’; amount specified in subparagraph (A)(ii) (2) in subsection (f), by inserting after the read a third time. shall be adjusted at the same time that, and subsection enumerator the following: ‘‘DEFI- The PRESIDING OFFICER. Is there by the same percentage by which, the mone- NITION.—’’; and objection? tary allowance of the former President is in- (3) in subsection (g), by inserting after the Without objection, it is so ordered. creased under subsection (c) (disregarding subsection enumerator the following: ‘‘AU- The amendment (No. 4853) was agreed this subsection). THORIZATION OF APPROPRIATIONS.—’’. to, as follows: ‘‘(3) DISCLOSURE REQUIREMENT.— SEC. 3. RULE OF CONSTRUCTION. (Purpose: In the nature of a substitute) ‘‘(A) DEFINITIONS.—In this paragraph— Nothing in this Act or an amendment Strike all after the enacting clause and in- ‘‘(i) the terms ‘return’ and ‘return informa- made by this Act shall be construed to af- sert the following: tion’ have the meanings given those terms in fect— SECTION 1. SHORT TITLE. section 6103(b) of the Internal Revenue Code (1) any provision of law relating to the se- This Act may be cited as the ‘‘Patient Ac- of 1986; and curity or protection of a former President or cess to Durable Medical Equipment Act of ‘‘(ii) the term ‘Secretary’ means the Sec- a member of the family of a former Presi- 2016’’. dent; or retary of the Treasury or the Secretary of SEC. 2. EXTENSION OF THE TRANSITION TO NEW the Treasury’s delegate. (2) funding, under the Former Presidents PAYMENT RATES FOR DURABLE ‘‘(B) REQUIREMENT.—A former President Act of 1958 or any other law, to carry out any MEDICAL EQUIPMENT UNDER THE may not receive a monetary allowance under provision of law described in paragraph (1). MEDICARE PROGRAM. subsection (a)(2) unless the former President SEC. 4. TRANSITION RULES. The Secretary of Health and Human Serv- discloses to the Secretary, upon the request (a) FORMER PRESIDENTS.—In the case of ices shall extend the transition period de- of the Secretary, any return or return infor- any individual who is a former President on scribed in clause (i) of section 414.210(g)(9) of

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TIVE ACQUISITION FOR DURABLE (b) CONFORMING AMENDMENTS.—(1) Section The PRESIDING OFFICER. Without MEDICAL EQUIPMENT UNDER THE 1834(h)(1)(H)(ii) of the Social Security Act (42 objection, it is so ordered. MEDICARE PROGRAM. U.S.C. 1395m(h)(1)(H)(ii)) is amended by f Section 1847(b)(5) of the Social Security striking ‘‘the Secretary’’ and inserting ‘‘sub- Act (42 U.S.C. 1395w–3(b)(5)) is amended— ject to subsection (a)(1)(G), the Secretary’’. (2) Section 1842(s)(3)(B) of the Social Secu- ORDER FOR PRINTING—S. 2943 (1) in subparagraph (A)— rity Act (42 U.S.C. 1395m(s)(3)(B)) is amended (A) by inserting ‘‘, subject to subparagraph Mr. MCCONNELL. Mr. President, I by striking ‘‘the Secretary’’ and inserting (E),’’ after ‘‘subsection (a)(2)’’; and ask unanimous consent that the en- ‘‘subject to section 1834(a)(1)(G), the Sec- (B) by inserting ‘‘, subject to subparagraph retary’’. grossed version of S. 2943 be printed as (E),’’ after ‘‘Based on such bids’’; and passed. (2) by adding at the end the following new SEC. 5. REPORTS ON THE RESULTS OF THE MONI- TORING OF ACCESS OF MEDICARE The PRESIDING OFFICER. Without subparagraph: BENEFICIARIES TO DURABLE MED- objection, it is so ordered. ‘‘(E) FLOOR ON BID CEILING FOR DURABLE ICAL EQUIPMENT AND OF HEALTH (The bill, S. 2943, as passed by the MEDICAL EQUIPMENT.— OUTCOMES. ‘‘(i) IN GENERAL.—The ceiling for a bid sub- Not later than October 1, 2016, January 1, Senate, is printed in the RECORD of mitted for applicable covered items may not 2017, April 1, 2017, and July 1, 2017, the Sec- Wednesday, June 15, 2016.) be less than the fee schedule amount that retary of Health and Human Services shall would otherwise be determined under section publish on the Internet website of the Cen- f 1834(a), section 1834(h), or section 1842(s) for ters for Medicare & Medicaid Services the re- ORDERS FOR WEDNESDAY, JUNE such items furnished on July 1, 2016 (deter- sults of the monitoring of access of Medicare mined as if section 2 of the Patient Access to beneficiaries to durable medical equipment 22, 2016 Durable Medical Equipment Act of 2016 had and of health outcomes, as described on page Mr. MCCONNELL. Mr. President, I not been enacted). 66228 in the final rule published by the Cen- ask unanimous consent that when the ‘‘(ii) APPLICABLE COVERED ITEMS DEFINED.— ter for Medicare & Medicaid Services on No- Senate completes its business today, it vember 6, 2014, and entitled ‘‘Medicare Pro- For purposes of this subparagraph, the term adjourn until 9:30 a.m., Wednesday, ‘applicable covered items’ means competi- gram; End-Stage Renal Disease Prospective tively priced items and services described in Payment System, Quality Incentive Pro- June 22; that following the prayer and subsection (a)(2) that are furnished with re- gram, and Durable Medical Equipment, Pros- pledge, the morning hour be deemed spect to rounds of competition that begin on thetics, Orthotics, and Supplies’’ (79 Fed. expired, the Journal of proceedings be or after January 1, 2017.’’. Reg. 66120-66265). approved to date, and the time for the SEC. 6. REVISION OF EFFECTIVE DATE OF PROVI- SEC. 4. REQUIREMENTS IN DETERMINING AD- two leaders be reserved for their use SION LIMITING FEDERAL MEDICAID JUSTMENTS USING INFORMATION later in the day; further, that following REIMBURSEMENT TO STATES FOR FROM COMPETITIVE BIDDING PRO- DURABLE MEDICAL EQUIPMENT leader remarks, the Senate resume GRAMS. (DME) TO MEDICARE PAYMENT consideration of H.R. 2578, with the (a) IN GENERAL.—Section 1834(a)(1)(G) of RATES. time until the cloture vote equally di- the Social Security Act (42 U.S.C. (a) IN GENERAL.—Section 1903(i)(27) of the vided between the managers or their 1395m(a)(1)(G)) is amended by adding at the Social Security Act (42 U.S.C. 1396b(i)(27)) is end the following new sentence: ‘‘In the case amended by striking ‘‘January 1, 2019’’ and designees. of items and services furnished on or after inserting ‘‘October 1, 2018’’. The PRESIDING OFFICER. Without January 1, 2019, in making any adjustments (b) EFFECTIVE DATE.—The amendment objection, it is so ordered. under clause (ii) or (iii) of subparagraph (F), made by subsection (a) shall take effect as if under subsection (h)(1)(H)(ii), or under sec- included in the enactment of section 503 of f division O of Public Law 114–113. tion 1842(s)(3)(B), the Secretary shall— ADJOURNMENT UNTIL 9:30 A.M. ‘‘(i) solicit and take into account stake- The bill was ordered to be engrossed TOMORROW holder input; and for a third reading and was read the ‘‘(ii) take into account the highest amount third time. Mr. MCCONNELL. Mr. President, if bid by a winning supplier in a competitive Mr. MCCONNELL. I know of no fur- there is no further business to come be- acquisition area and a comparison of each of ther debate on this measure. fore the Senate, I ask unanimous con- the following with respect to non-competi- sent that it stand adjourned under the tive acquisition areas and competitive acqui- The PRESIDING OFFICER. Is there sition areas: further debate? previous order. ‘‘(I) The average travel distance and cost If not, the bill having been read the There being no objection, the Senate, associated with furnishing items and serv- third time, the question is, Shall it at 6:46 p.m., adjourned until Wednes- ices in the area. pass? day, June 22, 2016, at 9:30 a.m.

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