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

Vol. 162 WASHINGTON, WEDNESDAY, FEBRUARY 24, 2016 No. 29 Senate The Senate met at 9:30 a.m. and was research project than anything. It does to have to comply with the legal re- called to order by the President pro call on Congress, however, to act. It strictions.’’ tempore (Mr. HATCH). turns out we already have. Congress Breaking the law as a way to sup- f has repeatedly, over and over again, posedly uphold the rule of law is just as voted to enact clear, bipartisan prohi- absurd as it sounds. It is time that the PRAYER bitions on the very thing the President President finally ruled that option out The Chaplain, Dr. Barry C. Black, of- is again calling for, and that is the categorically, and then he should fi- fered the following prayer: transfer of Guantanamo Bay terrorists nally move on from a years-old cam- Let us pray. into our local communities. We have paign promise and focus on the real O God, we would rest in You, for You enacted bipartisan prohibitions in Con- problem that needs solving today. alone can bring order to our world. gresses with split party control. We My own hope is that the Commander Reveal Yourself to our Senators, have enacted bipartisan prohibitions in in Chief will not put his own chain of guiding them on the path of peace. May Congresses with massive, over- command in the position of having to they place behind them disappointed whelming Democratic majorities. Just carry out an unlawful direct order. hopes, fruitless labor, and trivial aims a couple of months ago, Members of But, look, closing Guantanamo and as they lean on You for comfort and Congress in both parties expressed transferring terrorists to the United strength. Rebuke their doubts. themselves clearly one more time—not States didn’t make sense in 2008, and it Strengthen the good in them so that once, but twice, and on an over- makes even less sense today. We are a nothing may hinder the outflow of whelming bipartisan basis. President nation at war. The administration’s ef- Your power in their lives. Obama signed these bipartisan prohibi- forts to contain ISIL thus far have not Give might to the weak and renew tions into law as well. So let’s not pre- succeeded. The next President may the strength of the strong. tend there is even the faintest of pre- very well want to pursue operations We pray in Your Holy Name. Amen. tenses for some pen-and-phone gambit that target, capture, detain, and inter- f here. rogate terrorists because that is how Congress has acted clearly, repeat- terrorist networks are defeated. Why PLEDGE OF ALLEGIANCE edly, and on a bipartisan basis. The would we take that option away from The President pro tempore led the President now has the duty to follow the next Commander in Chief now? Pledge of Allegiance, as follows: the laws he himself signed. It shouldn’t Let’s be clear: The two options on I pledge allegiance to the Flag of the be that hard when you consider his ad- the table are not keeping Guantanamo United States of America, and to the Repub- monition yesterday about ‘‘upholding open or closing it, but keeping Guanta- lic for which it stands, one nation under God, the highest standards of rule of law.’’ namo terrorists at Guantanamo or indivisible, with liberty and justice for all. He said: ‘‘As Americans, we pride our- moving them to some Guantanamo f selves on being a beacon to other na- North based in a U.S. community. tions, a model of the rule of law.’’ That RECOGNITION OF THE MAJORITY Changing the detention center’s ZIP is interesting in light of a recent GAO LEADER Code is not a solution. It is not even se- ruling that the administration’s de- rious. The PRESIDENT pro tempore. The tainee swap of Taliban prisoners for The fact that the President missed a majority leader is recognized. Bowe Bergdahl violated the law. It is deadline for submitting a plan to de- GUANTANAMO DETAINEES especially interesting in light of the feat ISIL last week—presumably be- Mr. MCCONNELL. Mr. President, President’s continuing refusal to rule cause he was just too busy working on President Obama has left the American out breaking the law if he doesn’t get his ancient campaign promise—is com- people to wait for many years for a se- his way on Guantanamo. President pletely unacceptable. rious plan—one that poses no addi- Obama’s own Attorney General says he Some of the most senior national se- tional risk to our Nation or our Armed cannot unilaterally do that. It is clear. curity officials within President Forces, for instance—in pursuit of his President Obama’s own Defense Sec- Obama’s own administration are al- desire to close a secure detention facil- retary says he cannot unilaterally do ready working to better position the ity at Guantanamo Bay. Americans that. President Obama’s own top mili- next President for the national secu- have been waiting for 7 long years to tary officer says he cannot unilaterally rity challenges we will face in 2017. It find out what the serious plan might do that. In the words of one of our is time President Obama finally joined look like. They are still waiting today. Democratic colleagues, ‘‘He’s going to them and us in the serious work of What the President sent to Congress have to comply with the legal restric- keeping Americans safe in a dangerous yesterday isn’t a plan. It is more of a tions.’’ It is as simple as that—‘‘going world.

∑ 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 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.000 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S968 CONGRESSIONAL RECORD — SENATE February 24, 2016 ORDER OF BUSINESS In abdicating this responsibility, judicial nominations. That was the Mr. MCCONNELL. Mr. President, we which the Senate has always upheld— fewest judicial nominations confirmed are going to move the confirmation never in the history of the country has ever. We were a much smaller country, vote back closer to noon in order to ac- a Senate simply refused to do any- perhaps, so ‘‘ever’’ might be a little commodate some important hearings thing, even meet with the person who much, but certainly in the last 50 or 75 that are going on this morning in sev- has been nominated. So Republicans years. That is quite a comparison: eral of our committees. are setting a dangerous precedent for BIDEN, 64; GRASSLEY, 11. future nominations, not only for the It gets even worse than that for my f Supreme Court but for the Senate friend from Iowa. In the entire 102nd RECOGNITION OF THE MINORITY itself as an institution. Congress, when JOE BIDEN was chair, LEADER Yesterday the Senate Historian’s of- the Senate confirmed 120 nominees—120 fice reported that the denial of com- judicial nominations under BIDEN. The PRESIDING OFFICER (Mr. mittee hearings for a Supreme Court Compare that to 16 under Chairman PAUL). The Democratic leader is recog- nominee is unprecedented. If that is GRASSLEY. The difference is stunning. nized. unprecedented, how about the fact that I would encourage my friend from f he won’t even meet with the person Iowa to focus on Vice President BIDEN’s who has been nominated? If that is un- actions and results, rather than cherry FILLING THE SUPREME COURT picking remarks of 25 years ago. The VACANCY precedented, how about the fact that a Member of the Senate won’t even go to Judiciary Committee of JOE BIDEN hon- Mr. REID. Mr. President, yesterday the White House to talk to the Presi- ored its constitutional obligations by the senior Senator from Iowa, along dent about filling the Supreme Court considering and confirming—even vis- with other Republicans on the Senate seat? iting with nominees—in a timely fash- Judiciary Committee, announced that The senior Senator from Iowa will be ion, even though they were a Repub- they won’t be holding a hearing on the first Judiciary Committee chair- lican President’s nominees. I can’t say President Obama’s eventual nominee man ever to refuse to hold a hearing on the same for the committee today. No to the Supreme Court. They won’t give a Supreme Court nominee. That is one can. As chairman, JOE BIDEN did his con- the eventual nominee the common quite an achievement, but not one of stitutional duty and processed four courtesy of even a meeting—no hear- which he should be proud. That sort of nominations from Republican Presi- ings, no meeting—and this was all done wanton obstruction is not what the dents to the Supreme Court, including even before the President sent a name American people want. It is not what Justice Kennedy—that vote occurred in to us. This is historically unbelievable the people of Iowa want. Last week no and historically unprecedented. the last year of President Reagan’s fewer than six Iowa newspapers issued Presidency—Souter and Thomas. Republicans don’t know who the scathing editorials calling on Senator nominee will be, and they have already Let us focus on Thomas just a little GRASSLEY to change course and give mentioned that. Already they have de- bit. Thomas got 52 votes. He squeaked the President’s Supreme Court nomi- through the Senate. Any one Senator cided they won’t even start the con- nee the respect he or she deserves. firmation process. Why? Because the could have forced a cloture vote. Any For example, the Mason City Globe one Democrat could have done that. We person was nominated by President Gazette wrote: Obama. Remember, the Republican didn’t do that. It was never done until We were especially disappointed to see leader said many years ago that the the Republicans showed up here in the Iowa’s own Chuck Grassley join the partisan last few years. No. 1 goal he had was to make sure crowd calling for a delay. . . . There is no President Obama was not reelected. Now, Bork was a very controversial constitutional or even historical precedent person, but he received a long, long That failed miserably. The President for such flagrant, outrageous, shameful, hearing before the committee and a won by more than 5 million votes. Ev- bald-faced partisanship. erything has been done by the Repub- long debate here in the Senate. He was The Gazette in Cedar Rapids, IA, voted down. That is how this place is licans in the Senate to embarrass, ob- wrote of Senator GRASSLEY’s actions: supposed to work. Other nominees have struct, filibuster—anything that could It’s hard to conclude this is anything but been voted down. But we didn’t say we be done to focus attention on President political maneuvering meant to meet par- are not going to hold a hearing on Obama, none of which has helped the tisan objectives at the expense of the Su- Bork. We didn’t say we are not going to country. preme Court, our constitutional process and take the committee’s actions and just Senator GRASSLEY has surrendered the common good. leave it at that. Listen to this: Bork every pretense of independence and let The headline of the Des Moines Reg- was turned down in the Judiciary Com- the Republican leader annex the Judi- ister editorial reads, ‘‘Grassley’s Su- mittee by an overwhelming margin. In ciary Committee into a narrow, par- preme Court stance is all about poli- spite of that, we brought it to the Sen- tisan mission of obstruction and grid- tics.’’ ate floor and it was debated, and he lock—so partisan, in fact, that the sen- Is that the legacy the chairman won by two votes—no filibusters. He ior Senator from Iowa won’t respond to wants for Iowa and our Nation? I cer- was defeated in the committee. We a personal invitation from the Presi- tainly hope not. Does he want to be re- didn’t look for an excuse. That is the dent inviting him to the White House membered as the least productive Judi- way it used to be done. to discuss the vacancy. Think about ciary Committee chairman in history? With the Republican leadership now that. The President of the United At his current pace, he will be remem- they will not meet with the nominee, States calls a very senior Senator, and bered as the most obstructive chair- even though they do not know who it he hasn’t even responded to the Presi- man in history. will be; they won’t hold a hearing; and dent. This is a sad day for one of the Instead of studying what the Vice the chairman of the committee will proudest committees in the Senate. So President said a quarter of a century not even go to the White House and I ask, is this the legacy he wants? Is ago, perhaps Senator GRASSLEY should visit with the President. this how he wants his committee work take note of what Senator BIDEN did 25 As chairman, Senator BIDEN did his remembered—as a chairman who re- years ago or generally as a member and constitutional duty and processed fused his duty and instead allowed the chairman of that committee. nominations, even though they were Republican leader to ride roughshod In 1992, under Senator BIDEN’s leader- Republican nominations. So we don’t over the Judiciary Committee’s storied ship, the Judiciary Committee con- have to go back to 1988 or 1992 to prove history? firmed 64 circuit and district court the current Judiciary Committee The strength of committee chairmen nominations. All of the judicial nomi- chairman’s ineptness. Look at the in the U.S. Senate has been legendary. nations were made by a President of spike in judicial emergencies that have No majority leader or minority leader the opposite party—President George occurred on Chairman GRASSLEY’s could tell a chair what to do with his H.W. Bush. In 2015, Senator GRASSLEY’s watch just in the past year. committee. That was off bounds, but it first year as chairman of the Judiciary What is an emergency? It means doesn’t appear so now. Committee, the Senate confirmed 11 there are not enough judges—too many

VerDate Sep 11 2014 02:31 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.002 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S969 cases for a judge to do the work. A va- well of the Senate when they are elect- In the coming days, the President cant judgeship is automatically de- ed, takes an oath of office. That oath of will name a nominee, as the Constitu- clared an emergency, as it should be. office, required by the Constitution, is tion requires him to do. Senate Repub- When the Republicans assumed control our statement to not only the people licans should meet their responsibility of the Senate last year there were 12 we represent but to the Nation, that we under the Constitution, do their jobs, emergencies nationwide. Today, a year will uphold and defend the Constitu- and give the President’s nominee a fair later, that number has almost tripled tion of the United States. hearing and a vote. to 31. Article II, section 2 of that Constitu- Yesterday, the Republican members By nearly every metric, the Judici- tion empowers the President. Those of the Senate Judiciary Committee ary Committee under Chairman GRASS- powers include the President’s power sent a letter to the majority leader, LEY is failing dramatically, setting all to fill vacancies on the Supreme Court. and here is what they said: ‘‘This Com- records of failure in this great body. It is not permissive language. The word mittee will not hold hearings on any The committee is failing the people of ‘‘shall’’ can be found in this paragraph. Supreme Court nominee until after our Iowa and the Nation. It basically says that the President of next President is sworn in on January To the senior Senator from Iowa, I the United States shall nominate, and 20, 2017.’’ stress, I plead, don’t continue down by and with the advice and consent of Why did they take this unusual posi- this path. Reject this record-setting the Senate, shall appoint judges of the tion in defiance of the Constitution? obstruction and simply do your job as Supreme Court. They said: ‘‘The presidential election is a powerful chairman of the Judiciary For the first time in the history of well underway. Americans have al- Committee. the United States of America, Senate ready begun to cast their votes. . . . Mr. President, I see no one on the Republicans are prepared to defy this The American people are presented floor. Will the Chair announce the busi- clear statement of the U.S. Constitu- with an exceedingly rare opportunity ness of the day. tion. What an irony that filling the va- to decide, in a very real and concrete cancy on the Court by the untimely f way, the direction the Court will take death of Antonin Scalia—filling the va- over the next generation.’’ RESERVATION OF LEADER TIME cancy on the Court of a man who This argument is specious. The The PRESIDING OFFICER. Under prided himself throughout his judicial American people have already voted; the previous order, the leadership time career as being what he termed an they voted to elect our President, is reserved. ‘‘originalist,’’ sticking to the strict let- Barack Obama, and they voted to elect ter of the law, as spelled out in the f 100 Senators who currently serve in Constitution—in filling that vacancy, EXECUTIVE SESSION this body. President Obama was elected the Senate Republicans have basically to a 4-year term, and 11 months re- decided to reach a new low; in fact, to main. The American people voted for make history in a very sad way. A seat EXECUTIVE CALENDAR each of us to do our jobs for as long as on the U.S. Supreme Court lies vacant we serve in office. By a margin of 5 mil- The PRESIDING OFFICER. Under because of the death of Justice Scalia. the previous order, the Senate will re- lion votes, the American people have The President has the constitutional chosen the President. Did they elect sume executive session to consider the obligation, as I have read, to name a the President for 3 years, or 3 years and following nomination, which the clerk nominee to fill that vacancy. Senate 2 months? No. They elected a President will report. Republicans are now saying they will for 4 years, and this President’s term The legislative clerk read the nomi- not even hold a hearing on that nomi- nation of Robert McKinnon Califf, of continues until January 20, 2017. nee. The Republicans conveniently ignore South Carolina, to be Commissioner of If the President sends a name—and the obvious. The will of the American Food and Drugs, Department of Health he will—to the Senate to fill that va- people was expressed in that election, and Human Services. cancy, they have said they will not and the election of Barack Obama as Mr. REID. I suggest the absence of a hold a hearing, they will not schedule a President of the United States empow- quorum. vote, and, listen to this, yesterday Sen- ers him under the Constitution to fill The PRESIDING OFFICER. The ator MCCONNELL said: I will not even clerk will call the roll. meet with that person. this vacancy with an appointment. The legislative clerk proceeded to This is a new low. Since the Senate They didn’t vote in that election for us call the roll. Judiciary Committee started holding to sit on our hands for over a year Mr. COTTON. Mr. President, I ask hearings on Supreme Court nominees a while the Supreme Court twists in the unanimous consent that the order for century ago, the Senate of the United wind and while the Republican Sen- the quorum call be rescinded. States of America has never—never— ators pray every night that President The PRESIDING OFFICER. Without denied a hearing to a pending Supreme Donald Trump will somehow give objection, it is so ordered. Court nominee. It has never happened, America a different Supreme Court Mr. COTTON. Mr. President, I ask but that is what Senate Republicans nominee. Not a single American, inci- unanimous consent that the confirma- are saying they will do. dentally, has yet cast a vote for Presi- tion vote scheduled for 11 a.m. this This level of obstruction, of ignoring dent of the United States—not one—in morning be moved until 12 noon, with the clear language of the Constitution, the next election, despite the state- all other provisions of the previous is unprecedented, and it is dangerous. ment of the Judiciary Committee Re- order remaining in effect. This goes beyond any single vote for publicans that says otherwise. The PRESIDING OFFICER. Without any Supreme Court nominee. This is an It is February of this year. The nomi- objection, it is so ordered. abdication of the Senate’s responsi- nation conventions are scheduled for Mr. COTTON. Mr. President, I sug- bility under article II, section 2 of the late July. The modern Supreme Court gest the absence of a quorum. Constitution to provide advice and con- confirmation process has taken an av- The PRESIDING OFFICER. The sent on Supreme Court nominations, erage of 67 days. There is more than clerk will call the roll. which the President shall appoint and adequate time to hold a hearing on this The senior assistant legislative clerk shall nominate. nominee and get this done properly. All proceeded to call the roll. Senate Republicans want to keep the we need is for the Senate Republicans Mr. DURBIN. Mr. President, I ask Supreme Court seat vacant for more to do their jobs. unanimous consent that the order for than 1 year. They want this vacancy to Yesterday on the Senate floor, I the quorum call be rescinded. continue for more than 1 year. That urged my Republican colleagues not to The PRESIDING OFFICER (Mr. COT- will encompass two terms of the Su- duck a vote on the President’s nomi- TON). Without objection, it is so or- preme Court. This is demeaning to the nee. They could vote yes, they could dered. institution of the Supreme Court, and vote no, but they shouldn’t abdicate FILLING THE SUPREME COURT VACANCY unfair to millions of Americans who their constitutional responsibility for Mr. DURBIN. Mr. President, every rely on that Court to resolve important political advantage. I am amazed that Member of the Senate stands in the legal questions. my Republican colleagues now say that

VerDate Sep 11 2014 02:31 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.003 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S970 CONGRESSIONAL RECORD — SENATE February 24, 2016 not only do they want to duck that Republicans are breaking new ground cally, they are not that different from vote, but they also want to avoid even with this obstructionism. The Amer- heroin, and they can become addictive. having a hearing on the nominee. And ican people deserve better. Some patients have no problem at all they are afraid to even meet with this The bottom line is there is no excuse taking these painkillers for the proper nominee for fear that maybe they for the Senate to fail to do its job. amount of time, while other patients might think he or she is a good nomi- Once the President has named his might develop a problem and actually nee. nominee, the Senate must give that have trouble getting off the pain pills. Even more shockingly, the Repub- nominee a fair hearing and a timely As they get accustomed to the drugs, lican leader and several Republican vote. If the Constitution means any- sometimes they may seek out stronger members of the Judiciary Committee thing to my colleagues on the other and more addictive drugs to get the said yesterday they would not even side of the aisle, they understand that same pain relief. That is why doctors meet with the President’s nominee. what they are doing is unprecedented. have to be very careful about pre- One of our colleagues in the Senate It has never happened once in Amer- scribing the right medicine for each pa- last night on television was asked ican history. We are now finding the tient and each situation. They have to pointedly or directly: If the President obstructionism of Senate Republicans balance the risk of the drug with the nominates someone from your State to reaching a new low. They are ignoring reward of easing the patient’s pain. the Supreme Court vacancy, are you the clear wording of our Constitution, Not every doctor in this country has saying you wouldn’t meet with that which they have sworn to uphold and been as careful as they should be. We person? My colleague on the other side defend, and they are obstructing in a didn’t get into this difficult situation of the aisle ducked the question. This way that we have never seen before in because of a handful of doctors writing is stunning. the history of the United States. That too many prescriptions. These prescrip- Remember, the President is obligated is the reality—a reality that will not tions are being written by doctors in by article II, section 2 of the Constitu- be lost on the American people. communities all across the country. It tion to send a nominee to the Senate. Mr. President, I yield the floor. is happening in emergency rooms, with That is the process the Founding Fa- I suggest the absence of a quorum. family doctors, with specialists, and The PRESIDING OFFICER. The thers established. That is the Presi- even with dentists. clerk will call the roll. dent’s responsibility. How can Senate I believe Washington policies have The senior assistant legislative clerk Republicans refuse to even meet with inadvertently contributed to the prob- proceeded to call the roll. the person selected under this constitu- Mr. BARRASSO. Mr. President, I ask lem. The Centers for Medicare and tional process? How is that being faith- unanimous consent that the order for Medicaid have made payments to hos- ful to the terms of the Constitution? the quorum call be rescinded. pitals partly based on how well the spe- How are Senate Republicans upholding The PRESIDING OFFICER. Without cific hospital has scored on surveys and defending this Constitution by this objection, it is so ordered. filled out by the patients—the patients evasive, historically unprecedented ac- PRESCRIPTION DRUG ABUSE who have been in those hospitals. Here tion? Mr. BARRASSO. Mr. President, I are some examples of questions that Sadly, it appears that Senate Repub- come to the floor today to talk about a are asked on these surveys: During this licans have calculated it is in their drug abuse problem that is literally hospital stay, how often was your pain best political interests to keep the hurting millions of Americans. There well controlled? Some patients are nominee out of the spotlight. They has been a dramatic rise in the use and asked that. They are also asked: How were hoping that, with this letter and misuse of prescription painkillers. often did the hospital staff do every- by saying yesterday we will have noth- These prescription painkillers—and I thing they could to help you with your ing to do with it, they are going to tell you this as a doctor—are known as pain? turn out the lights on this issue. That opioids. Well, you can see how doctors might is not what is going to happen. This Between 1999 and 2013, sales of pre- feel pressure to prescribe more and issue is going to be there and remem- scription painkillers in the United stronger opioid pain relievers to make bered, and it is going to be recalled on States have quadrupled. It is no coinci- sure their hospital doesn’t get low the floor of the Senate repeatedly. dence that over that same number of scores and get penalized by the bureau- They thought they could close down years overdose deaths from these drugs crats here in Washington. The Depart- the government when Senator CRUZ of have also quadrupled. This is how we ment of Health and Human Services is Texas sat here for, I don’t know how know there has been a huge shift from looking into whether these surveys are many hours, reading Dr. Seuss while the appropriate use to abuse of these contributing to this rise in prescrip- we shut down the government, and medications. People in rural areas like tions and what can be done about it. they thought people would forget Sen- my own are almost twice as likely to Earlier this month I was 1 of 26 Sen- ator CRUZ shutting down the govern- overdose on prescription painkillers as ators, Republicans and Democrats ment; they didn’t, and he is finding on people in large cities. Some people alike, who wrote to the Secretary of this campaign trail that a lot of people think these problems are only a prob- Health and Human Services to make have remembered that. The American lem in the big cities. That is not the sure she keeps us apprised on the ef- people are not going to forget what case with these opioids. fects these regulations might be hav- Senate Republicans are trying to do I can tell you as a doctor who prac- ing. If these pain relievers are being with the Supreme Court. ticed medicine in Casper, WY, for 25 prescribed inappropriately, they can do I have served on the Judiciary Com- years, treating pain in our patients is more harm than good. That’s the prob- mittee for the hearings and confirma- one of the most difficult things we do. lem. Some of these people who get tion votes of four of the eight sitting When we have a patient who is in pain, these prescriptions for all the right Supreme Court Justices. Let me state we want to help relieve that pain. reasons end up being addicted. When clearly that this Senator is more than Opioids are a very effective way to help the prescription runs out, they may ac- happy to meet with the President’s Su- patients with pain, and doctors use tually experience withdrawal symp- preme Court nominee, as I have on all these medications through prescrip- toms, and I have seen it happen. such nominees—Republican and Demo- tions to help manage the pain. It is im- So what do the people who become crat alike—and I will consider that portant that we have the capacity to addicted to these opioids do? Well, they nominee on his or her merits, as I have do that as long as it is done appro- seek pills on the black market or they always tried to do in the past. priately. This can be a very good op- turn to other drugs, including heroin. Yesterday, Senate Republicans also tion for someone suffering from chron- Heroin is often cheaper than the actual tried to deflect attention from their ic pain, such as pain from cancer. It prescription opioid and, of course, more unprecedented obstruction by pointing can be appropriate for someone who is deadly. to quotes from some Democrats years suffering from acute, temporary pain, From 2002 to 2013, heroin use in the ago. But the record is clear: Democrats such as someone who just had surgery. United States has nearly doubled. The have never, never blocked a Supreme The problem is that these are ex- deaths from heroin overdoses have Court nominee from having a hearing. tremely powerful narcotics. Chemi- quadrupled. Why? One of the reasons

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.005 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S971 seems to be that because heroin has be- Another good, commonsense idea is have a new President. I ask you, what come much cheaper on the street, it looking into changing Medicare Part D has that got to do with us doing our has also become a more attractive drug and Medicare Advantage. This legisla- jobs? for addicts to buy and use. At the same tion has been introduced by Senator Under the Republican timeline, the time, the heroin today is believed to be PAT TOOMEY of Pennsylvania. I am a Supreme Court will be left with only much more powerful than it used to be, cosponsor of that legislation. The bill eight Justices for over a year. The last and so it may be that people who use it is called the Stopping Medication time it took so long for the Senate to are much more likely to overdose. Abuse and Protecting Seniors Act. fill a vacancy on the Court was during When we see statistics like these—or That is it: Stopping Medication Abuse the Civil War. The rationale that the just talk to people, such as those who and Protecting Seniors. It allows Part Senate should not act because of an up- work in the emergency room, who have D and Medicare Advantage plans to coming election is not only stunning, to deal with the drug addictions, 911 lock in patients to a single prescriber, but I think most Americans would calls, opioid abuse, heroin abuse, and a single pharmacy, for their opioid pain agree is absurd. In what other work- see all these problems—it is time for medicine. This is going to do a couple place can employees announce that Congress to act. We can’t turn a blind of things. It will deal with the issue of they don’t plan to fulfill their respon- eye to Americans who are suffering and doctor shopping. That is when a pa- sibilities for 9 months and still get dying. That is why I think it is impor- tient goes to multiple providers to get paid? But that is exactly what Repub- tant that the Senate needs to take up duplicate prescriptions if they become licans are saying to the American peo- action to help stop the damage being addicted. Many private insurance com- ple. done. panies already do this and so does Med- We work for the American people. Recently the Senate Judiciary Com- icaid. So we should allow and encour- The American people elect Senators, mittee passed the Comprehensive Ad- age Medicare to do it as well. Representatives, and Presidents. diction and Recovery Act. It has bipar- These are all ideas with bipartisan Through elections, the people shape tisan support, and it is one more sign support in the Senate. They are exam- the direction of our country. that the Senate has gotten back to ples of ways that Democrats and Re- While Republicans may want to for- work on behalf of the American people. publicans are working together to help get it, in 2012 the people elected Presi- Just as the name of the legislation Americans who need and deserve help. dent Obama to a full 4-year term. That says, it actually addresses both prob- The abuse of prescription drugs and term doesn’t end for nearly a year. His lems—addiction and recovery. It will heroin is happening everywhere in responsibilities as President don’t stop increase education and prevention ef- America. It is harming our Nation. because a Republican Senate says so. The Constitution requires a Presi- forts to help keep people from becom- Congress must do what it can to stop dent to nominate someone to fill a va- ing addicted to painkillers in the first it. place. It is also going to strengthen I thank the Presiding Officer and cancy on the Supreme Court. The Con- State programs to monitor prescrip- yield the floor. stitution requires the Senate to pro- tion drugs and to track when these I suggest the absence of a quorum. vide advice and consent on the Presi- drugs end up in the wrong hands. The PRESIDING OFFICER. The dent’s nominee. That is our job as Sen- For the people who have already clerk will call the roll. ators. passed from use of the medications to The senior assistant legislative clerk The President hasn’t nominated any- abuse and addiction, this legislation proceeded to call the roll. one to fill the current Supreme Court will help to launch treatment programs Ms. HIRONO. Mr. President, I ask vacancy. When he does, no Senator is that are based on actual evidence of unanimous consent that the order for required to vote for that nominee, but what works. There are a lot of treat- the quorum call be rescinded. what is required is for the Senate to ment programs out there and lots of The PRESIDING OFFICER. Without fulfill its constitutional duties. The different opportunities to seek treat- objection, it is so ordered. President’s nominee deserves a hearing ment. We want to make sure we can FILLING THE SUPREME COURT VACANCY and a vote. No excuses. Let’s do our identify the ones that are actually suc- Ms. HIRONO. Mr. President, our Re- job. Mr. President, I wish to now turn to ceeding and helping people and then publican colleagues have decided that another subject. make sure these programs are avail- the Senate should not hold a hearing or (The remarks of Ms. HIRONO per- vote on any Supreme Court nominee able to more people. These are just a taining to the submission of S. Res. 373 few of the positive ideas in the legisla- this year. The reason? It is an election are printed in today’s RECORD under year. That is a breathtakingly candid tion. ‘‘Submitted Resolutions.’’) Senator KELLY AYOTTE, who is one of but utterly irresponsible reason for the Ms. HIRONO. Mr. President, I suggest the main sponsors of this legislation, Senate not to do its job. That decision the absence of a quorum. has said that we can’t arrest our way may not surprise those who have fol- The PRESIDING OFFICER (Mr. SUL- out of this problem. She is exactly lowed the Senate in recent years, as LIVAN). The clerk will call the roll. right. The misuse and abuse of these our Republican colleagues have time The legislative clerk proceeded to drugs is illegal. We must acknowledge and again chosen to obstruct President call the roll. that fact. We must still try to do ev- Obama’s agenda. Mr. CORNYN. Mr. President, I ask erything in our power to keep this mis- We can disagree on legislation, we unanimous consent that the order for use from turning into addiction and can disagree on policies, we can cer- the quorum call be rescinded. even death. There are States and com- tainly disagree on judicial nomina- The PRESIDING OFFICER. Without munities and families suffering because tions, but the idea that the Senate objection, it is so ordered. of the abuse of these drugs. We can all should not take any action on a Su- Mr. CORNYN. Mr. President, yester- be part of the solution, and we must all preme Court vacancy is unprecedented. day it was my privilege to say a few be part of the solution. In the last 100 years, the Senate has words honoring Justice Antonin Scalia, I know that the Committee on taken action on every Supreme Court known to his friends as ‘‘Nino,’’ a man Health, Education, Labor, and Pen- nominee whether it is an election year whose intellect, wit, and dedication to sions is looking into another aspect of or not. The Senate has not only taken our Constitution have served our coun- this subject, as is the Finance Com- action, but the Senate has confirmed try for decades. I am pleased that oth- mittee. There are lots of ideas out more than a dozen Supreme Court Jus- ers have said appropriate words hon- there, and I am glad to see Members tices in the final year of a Presidency. oring his memory and the many ways taking the issue so seriously. I am glad In fact, a Democratic Senate confirmed he helped strengthen our constitu- we are moving forward with bipartisan Justice Anthony Kennedy in the final tional self-government and our democ- legislations and solutions. year of President Reagan’s term. Yet racy. Senator AYOTTE has been a major roughly 9 months before the next elec- As we know, the Constitution gives force in talking about this problem. tion, the Republican position is that the Senate an equal role in deciding Senators WHITEHOUSE, KIRK, PORTMAN, the Senate should not do its job be- who eventually is to serve on the Su- and others have addressed this issue. cause 11 months from now, we will preme Court of the United States.

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.007 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S972 CONGRESSIONAL RECORD — SENATE February 24, 2016 President Obama called me and other are not even going to have a hearing? ate Judiciary Committee. He gave a members of the Judiciary Committee You are not even going to meet with long speech, of which this is an ex- yesterday, saying he intends to exer- the President’s proposed nominee? cerpt. He said: ‘‘[T]he Senate Judiciary cise his constitutional authority, and I Well, that is right, for a very good Committee should seriously consider recognize his right to make that nomi- reason—because it is not about the per- not scheduling confirmation hearings nation. But not since 1932 has the Sen- sonality of that nominee. So it would on the nomination until after the polit- ate, in a Presidential election year, be pretty misleading for us to take the ical campaign season is over.’’ He went confirmed a Supreme Court nominee to same position that Senator REID has on to say: ‘‘[A]ction on a Supreme a vacancy that arose in that Presi- taken and then to say: Well, we are Court nomination must be put off until dential election year. And it is nec- going to go through this elaborate after the election campaign is over.’’ essary to go even further back—I be- dance of having courtesy meetings, That is the Biden benchmark—the lieve to the administration of Grover maybe even having a hearing, when we Reid rule, the Schumer standard, and Cleveland in 1888—to find an election- have already decided—as Senator REID the Biden benchmark. year nominee who was nominated and acknowledged is the right of the Sen- I read a statement from the Vice confirmed under a divided government, ate—not to bring up this President’s President that he issued after he saw such as we have now. nominee for a vote. And not to pre- that this old news clip and his state- So I found it very curious that some ordain who that next nominee will be, ment had been made public. He quite of our colleagues across the aisle are whether they will be nominated by a conveniently said this was ‘‘not an ac- effusive in their criticism of our deci- Republican or Democratic President— curate description of my views on the sion to withhold consent until we have we don’t know what the outcome of the subject.’’ Well, I think the words are a new President and in effect say this Presidential election is going to be. very clear. I think what he might have ought to be a choice not just confined But this is too important for the Con- said is ‘‘These are no longer my views to the 100 Members of the Senate and gress and for the Senate to be stam- on the subject’’ because, of course, he the President but to the American peo- peded into a rubberstamp of President would like President Obama to be able ple. Obama’s selection on the Supreme to make that nomination. We are not saying—we are not fore- Court as he is heading out the door—a So I wish to reject this myth that closing the possibility that a member decision that could well have an im- many of our Democratic colleagues are of one party or another party would be pact on the balance of power on the Su- spreading that what we are doing here the one to make that nominee. This preme Court for the next 30 years. and now is somehow unprecedented. isn’t a partisan issue. This is about the I am not through with my charts. Quite the contrary. What we are doing people having a chance to express their The next Democratic leader in the is what the Democrats’ top leadership views and raising the stakes and the Senate, Senator SCHUMER—first, I has advocated in the past. What do visibility of the Presidential election guess you could call this the Reid they think we are? They think we are to make the point that this isn’t just standard. We call it the Reid rule and going to abide by a different set of about the next President who will the Schumer standard. That rolls off rules than they themselves advocated? serve 4 years, maybe 8 years; this will the tongue better. How ridiculous would that be? I could likely be about who will serve the next So this is what Senator SCHUMER said not explain that to my constituents 30 years on the Supreme Court of the 18 months before President George W. back home in Texas. If I were going to United States. Bush left office. We are only looking say: Well, the Democrats can apply one I am going to remind our colleagues at, what, 10 or 11 months until Presi- set of rules, but then when the Repub- of some of the things they have said in dent Obama leaves. In 2007, Senator licans are in the majority, the Repub- the past for which they have so roundly CHUCK SCHUMER said: ‘‘[F]or the rest of licans must apply a different set of criticized us. People understand when this President’s term. . . . We should rules—well, the fact is, the rule book there are differences of opinion. It is a reverse the presumption of confirma- has been burned by the Democrats, and little harder to understand hypocrisy tion.’’ what we are operating under is the sta- when you have taken just the opposite I, frankly, don’t know what he is tus quo they advocated back in 1992, position when it suited your purposes talking about. The Constitution 2005, and 2007. in the past to the position you take doesn’t talk about a presumption of The Senate has every right under the today. So let me just be charitable and confirmation. But it is pretty clear to Constitution not to have a hearing, and say maybe they have just forgotten. me that he wants a presumption that we shouldn’t go through some motions For example, the minority leader, the nominee will not be confirmed for pretending like we are or that this is Senator REID of Nevada, the Demo- the next 18 months. really about the personality of whom- cratic leader, said on May 19, 2005, Senator SCHUMER, one of the Demo- ever the President nominates. I have when George W. Bush was President of cratic leaders, said: ‘‘I will recommend confidence that the President will the United States: to my colleagues that we should not nominate somebody who he thinks is The duties of the Senate are set forth in confirm a Supreme Court nominee ex- qualified to be on the Supreme Court. I the U.S. Constitution. Nowhere in that docu- cept in extraordinary circumstances.’’ would point out, though, that this ment does it say the Senate has a duty to So what we are doing is what Senator nominee will not be confirmed. I don’t give Presidential appointees a vote. REID and Senator SCHUMER advocated know many leading lawyers, scholars, That was Senator REID. I agree with back when it was convenient and and judges who would want to be nomi- him. That is exactly right, but that is served their purposes way back when. nated for the U.S. Supreme Court to a not the position he appears to be tak- They are now taking a different posi- seat that President Obama will never ing today. tion because, of course, their interests fill. The President has every right to are different. They want to make sure So during this already very heated nominate someone, but the Senate has President Obama gets a chance to election year—and the election is al- the authority to grant consent or to nominate and the Senate confirm ready underway. Democrats are voting withhold consent. And what I and the President Obama’s nominee, who will in Democratic primaries, and Repub- other members of the Judiciary Com- serve for perhaps the next quarter of a licans are voting in Republican pri- mittee on the Republican side said yes- century or more on the Supreme Court. maries and caucuses. The election is al- terday in a letter to the majority lead- But it is pretty clear that the Senate is ready underway, and the Supreme er is that we believe unanimously—all not bound to confirm a Supreme Court Court can function in the vast major- the Republicans on the Senate Judici- nominee or even hold a vote. ity of cases with eight members. It fre- ary Committee—that we should with- Finally, I wish to point out—we will quently does anyway because most hold consent, exercising a right and an call it the Reid rule, the Schumer cases are not decided 5 to 4; most cases authority recognized by Senator REID standard, and the Biden benchmark. are decided on a consensus basis. in 2005. This is what the Vice President of But let’s say, for the six or so cases I have read some of the press clips. the United States, JOE BIDEN, said in in which Justice Scalia was a deciding People recoil in mock horror: Well, you 1992 when he was chairman of the Sen- vote on a 5-to-4 case last year—if there

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.009 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S973 is a deadlock, those cases can simply Every day families across this coun- ter. I don’t know how to explain that be held over until the next year when try go to work and fulfill their respon- to people back in North Dakota. there is a new Justice or the Court can sibilities and obligations. They do their In the last 100 years, the full Senate come up with some other way to dis- jobs to put food on the table for their has taken action on every pending Su- pose of it as it sees fit. That frequently family, and they pay their bills. Imag- preme Court nominee to fill a vacancy, happens. For example, Justice Kagan ine a construction worker in North Da- regardless of whether the nomination was Solicitor General of the United kota telling his boss he didn’t want to was made in a Presidential election States. She was recused from and could do his job for the rest of the year until year. According to CRS—Congressional not sit on cases that she handled as an conditions are probably more favor- Research Service—since 1975 the aver- advocate for the U.S. Government once able. He might get a good laugh. He age number of days from nomination to she got to the Supreme Court. So the might be told to go back to work. If he final Senate confirmation is 67 days or Court operated with eight Justices for was serious, he wouldn’t have a job just over 2 months. a long time because of Justice Kagan’s very long. Since committee hearings began in recusal. Similarly, Justice Anthony Everyone here knows American 1916, every pending Supreme Court Kennedy served on the Ninth Circuit workers can’t go to their jobs and just nominee has received a hearing, except Court of Appeals. Once he got to the announce: I don’t want to do that nine nominees who were all confirmed Supreme Court of the United States, he today. They can’t just say: I am not within 11 days. In addition to holding couldn’t then sit on those cases and de- going to do my job for the rest of the hearings on the nominations, the Sen- cide them once as a circuit court judge year. I am going to wait to find out ate Judiciary Committee has a long- and another time as a Supreme Court who might be the new boss. That is not standing bipartisan tradition of send- Justice. He recused, which means there how it works for the American people, ing to the full Senate all pending nomi- were eight Justices to decide those and it is certainly not how it should nees to the Supreme Court for a Su- cases. That is not extraordinary; that work for the Senate. preme Court vacancy, even when the is not uncommon. And it is not going In many ways, I think it is an embar- majority of the committee may not to paralyze the Supreme Court of the rassment that some of my colleagues have supported that nominee. United States from doing its job. It has would not only ask the President not If, in fact, this Supreme Court va- all the tools it needs at its disposal to to do his job—a job our Constitution cancy is held open until the next Presi- handle these cases as it sees fit—either instructs him to do—but they would dent makes the nomination, that will to dismiss them as improvidently also shirk their own duties to provide mean it is vacant for well over a year. granted, to hold them over if they are advice and consent to the President Not since the Civil War—not since the truly deadlocked, or to find some other simply because it is not a good polit- Civil War—has the Senate taken longer perhaps more narrow basis upon which ical time to do it. than 1 year to fill a Supreme Court va- to decide the case, which would com- It says something pretty terrible cancy. mand a five-vote majority with eight about Congress if the Senate now is An extended period of time with only members of the Court. making determinations about how a eight members of the Supreme Court So Mr. President, I would like our popularly elected President, regardless sitting would delay or prevent justice colleagues to come out here and ex- of political party—regardless of wheth- from being served. There are American plain this apparent contradiction in er that President is popular in this citizens across the country who need the position they took in 2007, 2005, and Chamber or not—is no longer allowed decisions from the Court on a variety 1992. Because if they can’t explain that, to perform the duties of that office and of issues. In fact, what we have done is then it looks to me like this is pure hy- nominate and receive a vote on the Su- we have elevated the circuit courts— pocrisy—holding Republicans, when we preme Court nominee of his choosing. the courts that have made the deci- are in the majority, to a different It is a disappointing day when some sions that are currently pending—to standard than they themselves were Senators will tell the President: Don’t the position of the Supreme Court of willing to embrace when they were in even bother because we will not even the United States, denying access to power. consider or even talk to your nominee. those claimants one way or the other— As I said, people may not understand This is before the President has even whether the court agreed with them or a lot of the nitty-gritty details of this, announced or named a nominee. It is the court disagreed with them in the but they do have a strong sense of fair- particularly frustrating to those of us circuit courts—denying them access to ness and evenhandedness, and they do who really want the Senate to work that final appeal, to that Supreme smell hypocrisy and see it when it is that some Senators are willing to ham- Court decision. right before their eyes. per the functioning of yet another So I simply want to say: Let’s do our Mr. President, I suggest the absence branch of our Federal Government sim- job. Let’s give the nominee a hearing. of a quorum. ply to play politics, with the hope that Let’s vote in committee. Let’s all do The PRESIDING OFFICER. The our job to vet the candidates. Let’s not clerk will call the roll. those politics will benefit one party— The legislative clerk proceeded to to maintain and possibly take control prejudge this. Let’s do the responsible call the roll. of the other two branches of govern- thing and vote yes or no. Let’s take a Ms. HEITKAMP. Mr. President, I ask ment. look at the candidate to be nominated, unanimous consent that the order for I don’t think anyone can dispute the and let’s get a fully functioning Su- the quorum call be rescinded. facts. The Supreme Court considers preme Court. The PRESIDING OFFICER. Without some of the most critical issues facing I want to close with just one re- objection, it is so ordered. our country, and the American people minder. The last time we went through Ms. HEITKAMP. Mr. President, I deserve a fully functioning Court. To a very contentious hearing was the come to the floor today with what I insist the Court go through potentially hearing for Justice Thomas, and I think is a pretty simple message—a two terms without a full slate of Jus- think my colleague from Washington, message the American people have tices is an abdication of our responsi- who is on the floor, well remembers been delivering to me and the people of bility as Senators. That responsibility that, as do a lot of people here remem- North Dakota and which reflects ex- is to make sure that America’s three ber that. I want to remark that Justice actly why I wanted to come to Wash- branches of government are fully func- Thomas was sent to this floor without ington, DC—which is that Congress tioning. a positive vote out of committee. But needs to do its job. Whether it is legis- Just yesterday, we heard that our his nomination was sent to the floor, lating on WOTUS or making sure we colleagues are not even going to enter- and the nomination of Justice Thomas, are moving appointments properly or tain the thought of a hearing before at the urging of then-majority leader taking votes that may make some of us the Judiciary Committee for any nomi- Mitchell, was not filibustered. So prob- uncomfortable, that is our job. That is nee the President puts forward. I don’t ably the most contentious nominee in why the American taxpayers pay us. So know how to explain that decision. I my lifetime certainly—and it certainly I come today to say: Congress, do your don’t know how one can say that for raised some very interesting gender job. Senate, do your job. the next 10 months that doesn’t mat- issues—did not even get filibustered.

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.010 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S974 CONGRESSIONAL RECORD — SENATE February 24, 2016 Let’s do our job. Let’s do the work The PRESIDING OFFICER. Is there a The PRESIDING OFFICER. Without the people sent us here to do. Let’s vet sufficient second? objection, it is so ordered. this candidate, whoever it might be, There appears to be a sufficient sec- Mr. BLUNT. Mr. President, I wish to and let’s move forward so that every ond. address the Senate in morning busi- person who has a case pending before The clerk will call the roll. ness. the Supreme Court or will have a case The bill clerk called the roll. The PRESIDING OFFICER. Without pending before the Supreme Court is Mr. CORNYN. The following Senators objection, it is so ordered. are necessarily absent: the Senator given access to justice by providing a f fully functioning Supreme Court. from Tennessee (Mr. CORKER), the Sen- Mr. President, I yield the floor. ator from Texas (Mr. CRUZ), the Sen- REMEMBERING JUSTICE ANTONIN The PRESIDING OFFICER. The Sen- ator from Wisconsin (Mr. JOHNSON), SCALIA AND FILLING THE SU- ator from Washington. and the Senator from Florida (Mr. PREME COURT VACANCY Mrs. MURRAY. Mr. President, I ask RUBIO). Mr. BLUNT. Mr. President, I wish to unanimous consent to speak on behalf Mr. DURBIN. I announce that the talk about Judge Scalia for a few min- of the nomination before the vote for 2 Senator from Missouri (Mrs. MCCAS- utes, and then I will address the va- minutes. KILL), the Senator from Vermont (Mr. cancy on the Court. The PRESIDING OFFICER. Without SANDERS), and the Senator from Vir- There is no question that the Su- objection, it is so ordered. ginia (Mr. WARNER) are necessarily ab- Mrs. MURRAY. Mr. President, the sent. preme Court has lost a strong and role of the FDA Commissioner is cen- The PRESIDING OFFICER. Are there thoughtful voice. No matter what tral to the health and safety of every any other Senators in the Chamber de- issues the Justices on the Court might family and community nationwide, siring to vote? have disagreed with, or even when from a dad making his daughter’s pea- The result was announced—yeas 89, there was a disagreement on how to in- nut butter sandwich in the morning to nays 4, as follows: terpret the Constitution, there is no a patient headed into an operating [Rollcall Vote No. 25 Ex.] question that Judge Scalia had a room. I know this is a nomination we YEAS—89 unique capacity to get beyond that. He will be missed by the Court for both his all take very seriously. Alexander Flake Nelson After careful review, I believe Dr. Baldwin Franken Paul intellect and his friendship. He was an Califf’s experience and expertise will Barrasso Gardner Perdue Associate Justice on the Court for al- allow him to lead the FDA in a way Bennet Gillibrand Peters most 30 years. He was a true constitu- Blunt Graham Portman tional scholar, both in his work before that puts patients and families first Booker Grassley Reed the Court and on the Court, and he and upholds the highest standards of Boozman Hatch Reid patient and consumer safety. Dr. Califf Boxer Heinrich Risch brought a lifetime of understanding of has led one of our country’s largest Brown Heitkamp Roberts the law to the Court. Burr Heller Rounds He began his legal career in 1961, clinical research organizations, and he Cantwell Hirono Sasse Capito Hoeven practicing in private practice. In 1967, has a record of advancing medical Schatz Cardin Inhofe he became part of the faculty of the breakthroughs on especially difficult- Schumer Carper Isakson to-treat illnesses. Scott University of Virginia School of Law. Casey Kaine In 1972, he joined the Nixon administra- He has a longstanding commitment Cassidy King Sessions to transparency in relationships with Coats Kirk Shaheen tion as General Counsel for the Office industry and to working to ensure aca- Cochran Klobuchar Shelby of Telecommunications Policy, and Collins Lankford Stabenow from there he was appointed Assistant demic integrity. He has made clear he Sullivan Coons Leahy Attorney General for the Office of will continue to prioritize independ- Cornyn Lee Tester ence at the FAA as the Commissioner Cotton McCain Thune Legal Counsel. He brought a great deal and always put science over politics. Crapo McConnell Tillis of knowledge to his work and finished Toomey His nomination received letters of sup- Daines Menendez the first part of his career as a law pro- Donnelly Merkley Udall fessor at the University of Chicago, and port from over 128 different physician Durbin Mikulski Vitter and patient groups. Enzi Moran Warren that is the point where he became a He earned the strong bipartisan sup- Ernst Murkowski Whitehouse judge. port of the members of the HELP Com- Feinstein Murphy Wicker In 1982, President Reagan appointed Fischer Murray Wyden mittee. There is a lot the FDA needs to him to the U.S. Court of Appeals for get done in the coming months, includ- NAYS—4 the District of Columbia, a court that ing building a robust postmarket sur- Ayotte Manchin gets many of the cases that wind up on veillance system for medical devices, Blumenthal Markey the Supreme Court. He was on that making sure families have access to NOT VOTING—7 court for a little more than 4 years. nutritional information, putting all of Corker McCaskill Warner In 1986, President Reagan nominated the agency’s tools to work to stop to- Cruz Rubio him to serve as an Associate Justice. bacco companies from targeting our Johnson Sanders He was an unwavering defender of the children, and playing a part in address- The nomination was confirmed. Constitution, and as a member of the ing the epidemic of opioid abuse that is The PRESIDING OFFICER. Under Supreme Court, he had the ability to hurting so many communities so deep- the previous order, the motion to re- debate as perhaps no one had in a long ly. consider is considered made and laid time—and perhaps no one will for a I believe Dr. Califf will be a valuable upon the table and the President will long time. He had a sense of what the partner to Congress in taking on these be immediately notified of the Senate’s Constitution was all about and a sense challenges and the many others the action. of what the Constitution meant, and by FDA faces. I am here to encourage my f that he meant what the Constitution colleagues to join me in supporting LEGISLATIVE SESSION meant to the people who wrote it. this nomination. I look forward to con- There is a way to change the Con- The PRESIDING OFFICER. Under stitution. If the country and the Con- tinued work with all of the Members on the previous order, the Senate will re- ways to strengthen health and well- gress think that the Constitution is sume legislative session. outmoded in the way that it would being for the families and communities The Senator from Missouri. have been looked at by the people who we all serve. f I yield back my time. wrote it, there is a process to do some- The PRESIDING OFFICER (Mr. MORNING BUSINESS thing about that. That process was im- SASSE). Under the previous order, the Mr. BLUNT. Mr. President, I ask mediately used when the Bill of Rights question is, Will the Senate advise and unanimous consent that the Senate be was added to the Constitution and can consent to the Califf nomination? in a period of morning business, with still be used if people feel as though the Mrs. MURRAY. Mr. President, I ask Senators permitted to speak therein Constitution no longer has the same for the yeas and nays. for up to 10 minutes each. meaning as what the people who wrote

VerDate Sep 11 2014 02:31 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.011 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S975 it and voted on it thought it meant. have often been eight Justices. There That is one of the cases before the Justice Scalia had the ability to bring has often been a Court that could eas- Court right now. I don’t know how the that up in every argument and would ily wind up in a 4-to-4 tie. In fact, since Court will decide to determine it. I do sometimes argue against his own per- World War II, the Court has had only 8 know there is a reason we should be sonal views. He argued for what the Justices 15 times. concerned about freedom of religion, Constitution meant and what it was in- Right after World War II and about a the right of conscience. President Jef- tended to mean. His opinions were well month after Harry Truman became ferson, in writing to a church that reasoned, logical, eloquent, and often President—when he was a Member of asked him about individual freedom, laced with both humor and maybe a lit- the Senate, he used the desk that I now said to that church—I think it might tle sarcasm, but they were grounded get to use—he asked Justice Robert have been late in his administration, with the idea that judges should inter- Jackson to be the chief prosecutor at might have been an 1808 letter—of all pret the Constitution the way it was Nuremberg. Justice Jackson then went the rights we have, right of conscience written. to Nuremberg, and for the better part is the one we should hold most dear. His contributions to the study of law of a year and a half—from May of 1945 The American people need to be think- left a profound mark on the legal pro- until October of 1946—he was not sit- ing about that as they determine the fession. Lawyers, particularly young ting on the Court and wasn’t making next President, who is likely to not lawyers in many cases, talk about the decisions on the Court. He was the just fill this vacancy but likely to fill chief prosecutor at the Nuremberg law differently than they did before more than one vacancy during their trials. Justice Scalia began to argue his view time in office. A tie on the Court can do a lot of of what the Constitution meant and Mrs. Clinton says if she is elected things. It can uphold a lower court de- what the Court meant. He had a great President, she will not appoint any- cision. A tied Court can decide to re- legal mind. body to the Supreme Court who will hear a case, which is also not unusual He was fun to be with. I will person- not reverse the freedom of speech case in the history of the country. Again, ally miss the opportunity to talk to in Citizens United. Sounds to me as you can be tied even if there are nine him about the books we were reading though the Presidential candidates are Justices and one of them, for whatever or books the other one should read or willing to make the Court a major reason, decides not to participate in maybe books that the other one should issue in this campaign. Voters should that case. When that happens, the avoid reading because of the time re- Court can do a number of things and have the right to make the Court a quired to read it. He had a broad sense will. major issue in this campaign as well— of wanting to challenge his own views This is an important decision, and it freedom of religion, freedom of speech, and was able to challenge other peo- is a decision in the shadow of the next the Second Amendment, the Tenth ple’s views not only in a positive way election. We are 9 months and a few Amendment that says anything the but in a way that he thought advanced days away from people getting a Constitution doesn’t say the Federal the Constitution and what the Con- chance to vote, and a lifetime appoint- Government is supposed to do is left to stitution meant to the country. ment on the Court is an important the States. The closer you are to where As I stand here today, I am sure thing. a problem is, when solving that prob- many people all over America and the Justice Scalia was appointed by Ron- lem, the more likely you are going to people who the Scalias came into con- ald Reagan and served for three dec- get a commonsense solution. That is tact with are continuing to remember ades. He served for a quarter of a cen- why that Tenth Amendment is there his family. Our thoughts and prayers tury after Ronald Reagan left the and why it needs to be vigorously ad- are with his wife Maureen, their nine White House and for a decade after hered to. children, and their literally dozens of President Reagan died. This is some- These are important times. Anytime grandchildren. I am not sure if the thing worth thinking about, and frank- we have an election in the country, number is 36 or 39, but it is an impres- ly at this moment in history and in there is always a sense that this may sive number. other moments in history when a va- be the most important election we Those who had a chance to see, be cancy has occurred in an election year, have ever had. They all are and par- there, or read his son’s eloquent han- it has often been the case that the deci- ticularly an election where the con- dling of the funeral service and the eu- sion is that the American people ought stitutional principles of government, logy can clearly see the great legacy he to have a say on who sits in that Su- where Executive overreach, where reg- and Maureen Scalia left to the country. preme Court seat. That is what will ulators who are unaccountable and out I am not a lawyer, which is often the happen this time, and I think it is the of control are one of the big concerns most popular thing I say, so I don’t best thing to happen this time. in America today. It is an important want to pretend to be a lawyer here There is a lot at stake. The Court has time to be thinking about the Supreme talking about the law and the Con- had 5-to-4 votes on decision after deci- Court and an important time to be stitution, but you don’t really need to sion. What the Court does on the Sec- thinking about the responsibilities of be a brilliant lawyer to understand the ond Amendment matters, and what the citizens and the responsibilities of the Constitution or understand what Jus- Court does on the First Amendment next President of the United States. tice Scalia was going to be. matters. The first freedom in the First This President has every constitu- I was a history teacher before I came Amendment is freedom of religion. No tional right and obligation to nominate here, and I know the Presiding Officer other country was ever founded on the somebody to a vacancy on the Supreme was a university president. I was the principle that the right to pursue your Court, but there is a second obligation first person in my family to graduate conscience and the right to pursue in the Constitution; that is, the obliga- from college. I had unbelievable oppor- your faith is a principal tenant of the tion of the Senate to confirm that tunities because of where we live. founding of this government. It was a nomination. I have a view that the an- We have the Constitution, and there principal tenet in the Revolution. More swer to that question is not this per- is no magic as to the number of Jus- importantly, it was immediately added son, not right now because we are too tices that should be sitting on the to the Constitution when there was close to making a big decision about Court at any given time. In fact, the some concern that maybe the Constitu- the future of the country to not in- Constitution doesn’t even suggest what tion was not clear enough about this clude this process of what happens to the number should be, and there have fundamental principle. the Supreme Court in that process. been different numbers over time. For During a time when the Obama ad- I wish the process of democracy well, some years now the number has been ministration is suing the Little Sisters the American people well as they think nine, but there have often not been of the Poor because the Little Sisters about these things, and the Senate well nine Justices sitting. In the event of a of the Poor doesn’t want their health as we do the other work that the Con- recusal or some other reason that a care plan to be a plan that includes stitution requires us to do. Justice has to leave, such as resigning things that are different than their I yield the floor. to do something else, there has often faith beliefs, freedom of religion is very Mr. President, I suggest the absence not been nine Justices. In fact, there important. of a quorum.

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.014 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S976 CONGRESSIONAL RECORD — SENATE February 24, 2016 The PRESIDING OFFICER. The The most recent attack has come cessity of their concurrence would have a clerk will call the roll. from colleagues in this body who said powerful, though, in general, a silent oper- The senior assistant legislative clerk they don’t want to honor the respon- ation. It would be an excellent check upon a proceeded to call the roll. sibilities that they took on when they spirit of favoritism in the President, and would tend greatly to prevent the appoint- Mr. MERKLEY. Mr. President, I ask took the oath of office. One of those re- ment of unfit characters from State preju- unanimous consent that the order for sponsibilities is to give advice and con- dice, from family connection, from personal the quorum call be rescinded. sent on nominations. Recently, we attachment, or from a view to popularity. In The PRESIDING OFFICER (Mr. have the majority leader who said: I addition to this, it would be an efficacious PERDUE). Without objection, it is so or- don’t even want to talk to a nominee source of stability in the administration. dered. from the President, let alone take my He goes on to note that the body f responsibilities under the Constitution would be expected to approve most OUR ‘‘WE THE PEOPLE’’ seriously to give advice and consent. nominations, except when there are So I thought it might be useful to go DEMOCRACY special and strong reasons for the re- back and think a little bit about this fusal. Mr. MERKLEY. Mr. President, today advice-and-consent power and how it So that is our job. That is how it is I rise to address a topic under the came to be, what it meant, and what it laid out, that we are to make sure the broad notion of the first three words of means for us to honor our responsi- power the President has is not exer- our Constitution: ‘‘We the People.’’ bility today as Members of the U.S. cised in a way that results in unfit These are the most important three Senate. characters being appointed. Thus, this words because they set out the theory, In those days in which the Founders mutual system that took the strengths the strategy for our entire Constitu- were crafting the Constitution, they of the assembly as a check—that is, of tion and what it is all about, which is had a couple of different theories about the Senate—and the strength of the to ensure that we do not have govern- how they might possibly create this President in terms of accountability ment of, by, and for the most affluent power, and some said it should go sole- was combined. And Hamilton notes: ‘‘It in our society; or government of, by, ly to the Executive, solely to the Presi- is not easy to conceive a plan better and for the titans of commerce and in- dent. Others said that is too much calculated than this to promote a judi- dustry; but instead a government of, power to concentrate in single hands, cious choice of men for filling the of- by, and for the people, the citizens. It that it should go to the body of a legis- fices of the Union.’’ is within the framework of this Con- lature, it should go to an assembly. So that is where we fit in. That is our stitution that we find many elements Some decades after our Constitution role. We are to make sure that a nomi- designed to preserve this ‘‘we the peo- was signed, they had a Federalist nation—an individual has the prepara- ple’’ purpose. Paper written by Alexander Hamilton tion, the qualifications, the character, In recent years, in recent decades, we that laid out this discussion. He if you will, to fill an office effectively. have had major attacks on the theory noted—and I am going to quote at Hamilton points out in his conversa- of our Constitution, ‘‘we the people.’’ some length here—that the argument tion that just the fact that the Senate We had the Buckley v. Valeo Supreme for the Executive is as follows: will be reviewing the nominations will Court decision 40 years ago that said it The sole and undivided responsibility of serve as a check for, if you will, off- is all right for the most affluent citi- one man will naturally beget a livelier sense track nominations, inappropriate zens in our society to drown out the of duty and a more exact regard to reputa- nominations. people in the election process. We had tion. He will, on this account, feel himself During the time I have had a chance Citizens United, which said the Con- under stronger obligations, and more inter- to be connected to the Senate—and stitution doesn’t say ‘‘we the people’’; ested to investigate with care the qualities requisite to the stations to be filled, and to that now spans four decades; it was 1976 it says ‘‘we the titans of commerce and prefer with impartiality the persons who when I came here as an intern for Sen- industry; we the corporations.’’ So the may have the fairest pretensions to them. ator Hatfield—I have seen this body op- Supreme Court has made several deci- So that was the argument for the erate as envisioned in the Constitution. sions that have taken us far afield, and President to exercise these powers. I saw this body operate as a simple ma- we see the results of this. We see the In addition, there was discussion of jority, with rare exception. The use of impact of policies crafted by a legisla- the weaknesses of an assembly, a body the filibuster was not used to paralyze, ture elected with fabulous sums of like the U.S. Senate having that re- and the power of confirmation—of ad- money from the people at the height of sponsibility all to itself. Again, I will vice and consent of the Constitution— our society, the height of power and in- quote Alexander Hamilton: was not used to systematically under- fluence, of wealth and connections. Hence, in every exercise of the power of ap- mine the President because he simply Somehow, we have to reclaim our pointing to offices, by an assembly of men, happened to be of a different party. It Constitution. In fact, this under- we must expect to see a full display of all the was not used to undermine the judici- standing is something that is way off private and party likings and dislikes, ary by keeping judicial vacancies open. base, is the foundation of the frustra- partialities and antipathies, attachments Indeed, when this body starts to oper- tion we see across our Nation. We see it and animosities, which are felt by those who ate in that fashion—as it has been dur- reflected in the Presidential campaigns compose the assembly. The choice which ing the time I have been here as a Sen- may at any time happen to be made under this year on the Democratic side and ator, seeing across the aisle the effort on the Republican side. People know such circumstances, will of course be the re- sult either of a victory gained by one party to systematically change the makeup that something is wrong when over the over the other, or of a compromise between of the core by undermining the respon- last four decades virtually all addi- the parties. In either case, the intrinsic sibility to give advice and consent— tional income in our economy has gone merit of the candidate will be too often out then we deeply polarize and undermine to the top 10 percent. People under- of sight. this important institution that is our stand that the middle class is being So thus the argument for the Execu- judiciary. squeezed and crushed. People are start- tive over the assembly to have these I must say, even though I have seen ing to see tent cities pop up in cities appointing powers. But there was a for years the effort to really harness across our Nation because policies concern, and that was, what if the Ex- some gain through the strategy of un- made here are no longer crafted for ecutive, the President, goes off track? dermining the ability of the President ‘‘we the people’’ but instead for ‘‘we Wouldn’t it be useful to have a check to appoint, I never thought it would the titans.’’ on nominations when the Executive come to this. Well, I am going to rise repeatedly to goes off track? So Hamilton explained Article 2, section 2, declares that address this challenge that is at the why this check on the President’s nom- ‘‘the President, with the advice and core of who we are as a nation, the core ination power was placed into the Con- consent of the Senate, shall appoint of our Constitution. Our Constitution stitution. Ambassadors, other public Ministers is being attacked continuously, and we Once more I quote: and Consuls, Judges of the supreme the people must fight back to reclaim To what purpose then require the co-oper- Court, and all other Officers of the it. ation of the Senate? I answer, that the ne- United States.’’

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.015 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S977 It is a responsibility of the President The American people spoke over- The senior assistant legislative clerk to nominate. It is a responsibility of whelmingly when they reelected Presi- proceeded to call the roll. the Members of this body to give ad- dent Obama in 2012 to a 4-year term. Mr. FRANKEN. Mr. President, I ask vice and consent on that nomination. They expect him to fulfill his duties for unanimous consent that the order for Yet here we are today with the major- a full 4 years. They expect us to do our the quorum call be rescinded. ity of this body saying we do not take duties under the Constitution. The cur- The PRESIDING OFFICER (Mr. seriously our responsibility under the rent campaign events do not stop the TOOMEY). Without objection, it is so or- Constitution to give advice and con- responsibilities of the U.S. Senate. For dered. sent. the last 200 years, the Senate has car- Mr. FRANKEN. Mr. President, I ask We have seen the process of really ried out its duty to give a fair and unanimous consent to speak for up to slowing—slow-walking nominations, timely hearing and a floor vote to the 15 minutes. but this is on a different scale of mag- President’s Supreme Court nominees. The PRESIDING OFFICER. Without nitude. Let us not change that position today, objection, it is so ordered. It is our responsibility to have a this week or this year. Let’s not only f committee vet the nominees, our re- honor the tradition, let’s honor the sponsibility to have a floor debate on FILLING THE SUPREME COURT constitutional responsibility. VACANCY the floor, our responsibility to have a I note it is not only the Supreme vote, and that certainly is a way the Court we have to worry about. Last Mr. FRANKEN. Mr. President, I rise Senate has operated decade after dec- year the Senate confirmed just 11 Fed- today to address the recent vacancy on ade, century after century. eral judges, the fewest in any year the U.S. Supreme Court and to urge my I just have to ask each of my col- since 1960—in the last 56 years. Only colleagues to grant swift consideration leagues across the aisle, do you find in one Court of Appeals judge was con- of the President’s eventual nominee. this beautiful Constitution any phrase firmed, the lowest in any given year Make no mistake, the passing of Jus- that says the President shall nominate since 1953. The number of judicial tice Antonin Scalia came as a great but only in the first 3 of the 4 years he shock. Although Justice Scalia and I or she is in office? Can you find that in emergencies, where there are not enough judges confirmed to do the did not share a common view of the the Constitution? Can you truly raise Constitution or of the country, I recog- your head and say you are doing your workload, has nearly tripled over the past year, from 12 in January 2015 to 31 nized that he was a man of great con- responsibility when you say: I only viction and, it should be said, a man of want to exercise my constitutional re- judicial emergencies today. The obstruction is not limited simply great humor. My thoughts and prayers sponsibility of advice and consent 3 out are with his family, his friends, his of every 4 years, and then I will take a to the judicial branch. The abuse of ad- vice and consent or disregard for the clerks, and his colleagues. But we must year off. I think if you read the Con- now devote ourselves to the task of stitution you will find that is not what responsibility extends to the executive branch. When we elect a President, the helping to select his successor. it says, and the American people know The Constitution—so beloved by Jus- this. They know the Supreme Court is President is not a President of the party, he or she is the President of a tice Scalia—provides that the Presi- very important to calling the balls and dent ‘‘shall nominate, and by and with strikes when actions or laws move into nation. Whether you are a Democrat or Republican, the President is our Presi- the Advice and Consent of the Senate, areas that are out of bounds. That is shall appoint . . . Judges of the su- what the Supreme Court does. It makes dent. Systematically using party poli- tics to undermine the individual be- preme Court.’’ sure our structure of laws and regula- Let us all remember that each and tions stay within the bounds of the cause they were elected from the oppo- site party diminishes the individuals every Senator serving in this body rights and rules of our Constitution. swore an oath to support and defend This is a critical part of the con- who serve in this body, it diminishes that same Constitution. It is our duty struction of American democracy. The the stature of this institution, and it to move forward. We must fulfill our Supreme Court serves as a check on diminishes the function of our Nation constitutional obligation to ensure the overreach of the President, the so carefully crafted in our Constitu- that the highest Court in the land has overreach of this body, and the over- tion. reach of its regulators. It cannot do its Let’s ponder the path forward this a full complement of Justices. Unfortu- job if it does not have a full set of year. Let’s not diminish this institu- nately, it would seem that some of my members. tion by forsaking our responsibility. colleagues on the other side of the aisle Not since the Civil War has the Su- Let’s not politically polarize the Court do not agree, and they wasted no time preme Court been left with a vacancy that is so essential to making sure our in making known their objections. for more than a year, and of course the laws and regulations and attitudes stay Less than an hour after the news of Civil War was a very unusual situation. within the bounds of the Constitution. Justice Scalia’s death became public, Since the 1980s, every person appointed Let’s instead restore this institution. the majority leader announced that the to the Supreme Court has been given a Let’s restore the Senate. Let it be at Senate would not take up the business hearing and a vote within 100 days. least as healthy as it was when we were of considering a replacement until Since 1975, on average, it has taken 2 youngsters serving here as interns, after the Presidential elections. ‘‘The months to confirm Supreme Court coming to DC for the first time or sim- American people should have a voice in nominees. ply reading about it in a book back the selection of their next Supreme Despite what some of my colleagues home. Court justice,’’ he said. claim, the President’s duty to make Let’s restore the effectiveness of our The only problem with the majority nominations to the Supreme Court judiciary. When we have judicial emer- leader’s reasoning is that the American does not disappear during a Presi- gencies, we have justice delayed, and people have spoken. Twice. President dential election year. Our responsi- justice delayed is justice denied, and Barack Obama was elected and then re- bility to do advice and consent does that does not honor the vision of the elected by a solid majority of the not disappear in a Presidential year. role of justice in the United States of American people, who correctly under- Let’s look to history. More than a America. stood that elections have con- dozen Supreme Court Justices have So I call on my colleagues to end this sequences, not the least of which is been confirmed in the final year of a obstruction that diminishes your serv- that when a vacancy occurs, the Presi- Presidency. More recently, Justice ice, diminishes this institution, and dent of the United States has the con- Kennedy, who is still on the bench, was damages our Nation. In short, do your stitutional responsibility to appoint a confirmed in the last year of President jobs. Work together as 100 Senators for Justice to the Supreme Court. The Reagan’s final term. That was done by the future of our Nation. Constitution does not set a time limit a Senate led by the opposite party. It Thank you, Mr. President. on the President’s ability to fulfill this was a Democratically controlled Sen- I suggest the absence of a quorum. duty, nor, by my reading, does the Con- ate that honored its responsibility to The PRESIDING OFFICER. The stitution set a date after which the give advice and consent. clerk will call the roll. President is no longer able to fulfill his

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.016 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S978 CONGRESSIONAL RECORD — SENATE February 24, 2016 duties as Commander in Chief or to ex- nominee appointed by a Republican they unilaterally decided behind closed ercise his authority to, say, grant par- President and confirmed by a Demo- doors to refuse consideration of a dons or make treaties. It merely states cratic Senate in 1988—President Rea- nominee. The decision to foreclose that the President shall hold office for gan’s last year in office—during an even holding a hearing for a nominee a term of 4 years, and by my count, election year. So when I hear one of my to our Nation’s highest Court is shame- there are in the neighborhood of 11 colleagues say ‘‘It’s been standard ful, and I suspect the American people months left. practice over the last 80 years to not share that view. If we were truly to subscribe to the confirm Supreme Court nominees dur- The Supreme Court is a central pillar majority leader’s logic and extend it to ing a presidential election year,’’ I of our democracy. The women and men the legislative branch, it would yield know that is not true. who sit on that bench make decisions an absurd result. Senators would be- I am not the only one who knows that touch the lives of every single come ineffective in the last year of that is not true. The fact-checking American, regardless of party or polit- their terms. The 28 Senators who are publication PolitiFact recently ob- ical persuasion. Now the Senate must now in the midst of their reelection served that ‘‘[s]hould Republican law- do the same. We must honor our sol- campaigns and the 6 Senators who are makers refuse to begin the process of emn duty to uphold the Constitution stepping down should be precluded confirming a . . . nomination, it would and to ensure that Americans seeking from casting votes in committee or on be the first time in modern history.’’ justice are able to have their day in the Senate floor. Ten committee chairs SCOTUSblog, an indisputable author- court before a full bench of nine Jus- and 19 subcommittee chairs should pass ity on all matters related to the Court, tices. the gavel to a colleague who is not cur- confirmed that the ‘‘historical record I urge my colleagues to reject the im- rently running for reelection or pre- does not reveal any instances [in over a pulse to put politics before our sworn paring for retirement. Bill introduction century] of the . . . Senate failing to duty to uphold the Constitution. and indeed the cosponsorship of bills confirm a nominee in a presidential I thank the Presiding Officer and should be limited to those Senators year because of the impending elec- yield the floor to my colleague from who are not yet serving in the sixth tion.’’ Utah. year of their terms. If the majority The fact is that there is a bipartisan The PRESIDING OFFICER (Mr. leader sincerely believes the only way tradition—a bipartisan tradition—of GARDNER). The Senator from Utah. Mr. LEE. Mr. President, Supreme to ensure that the voice of the Amer- giving full and fair consideration to Court Justice Antonin Scalia was an ican people is heard is to lop off the Supreme Court nominees. Since the Ju- extraordinary man whose contribu- last year of an elected official’s term, I diciary Committee began to hold hear- tions to this country and the American trust he will make these changes, but I ings in 1916, every pending Supreme people, whom he faithfully served from suspect he does not. Rather, it seems Court nominee, save nine, has received the bench, are so prodigious that it will to me that the majority leader believes a hearing. And what happened to those take generations for us to fully com- the term of just one elected official in nine nominees? They were confirmed prehend our debt of great gratitude to particular should be cut short, which within 11 days of being nominated. him. His untimely, recent death is a In 2001, during the first administra- begs the question, just how should it be tragedy, and his legacy is a blessing to tion of President George W. Bush, cut? As I said, by my count, approxi- friends of freedom throughout this then-Judiciary Committee Chairman mately 11 months remains in Barack country and everywhere. Obama’s Presidency. Now, 11 months is LEAHY and Ranking Member HATCH Justice Scalia was a learned student a considerable amount of time. It is sent a letter to their Senate colleagues of history and a man who relished, per- sizeable. It has heft, but I wouldn’t call making clear that the committee haps more than any other, a spirited, it vast. would continue its longstanding, bipar- lively debate, so it is fitting that his Then again, there is a certain arbi- tisan practice of moving pending Su- passing has sparked a conversation in trariness to settling on 11 months. preme Court nominees to the full Sen- America, a spirited conversation about After all, it is just shy of a full year. ate, even when the nominees were op- the constitutional powers governing Perhaps, in order to simplify matters, posed by a majority of the committee, the appointment of Supreme Court an entire year would be proper or but, regrettably, my colleagues on the Justices and the historical record of maybe just 6 months, half a year. It is other side of the aisle are leaving that Supreme Court vacancies that happen a difficult decision. If only the Amer- long tradition behind. to open up during a Presidential elec- ican people had a voice in selecting Yesterday, every Republican member tion year. precisely how much time we should of the Senate Judiciary Committee This debate gives the American peo- shave off the President’s term. sent a letter to the majority leader ple and their elected representatives in Of course, now that I mention it, vowing to deny a hearing to the Presi- the Senate a unique opportunity to dis- there is a way to give the American dent’s eventual nominee. ‘‘This com- cuss our Nation’s founding charter and people a voice in this decision. The ma- mittee,’’ they wrote, ‘‘will not hold history at a time when our collective jority leader could propose a constitu- hearings on any Supreme Court nomi- choices have very real consequences, so tional amendment. It would, of course, nee until after our next President is it is important that this debate pro- have to pass both Houses of Congress sworn in on January 20th, 2017.’’ This ceed with candor, mutual respect, and with a two-thirds majority, but that is marks a historic dereliction of the Sen- deference to the facts. In that spirit, I not an insurmountable obstacle. Pro- ate’s duty and a radical departure not wish to address and correct a few of the vided it clears Congress, the amend- just from the committee’s past tradi- most pernicious errors, inaccuracies, ment would then bypass the Presi- tions but from its current practices. fallacies, and fabrications we have dent—which, in this case, would be I know that my good friend Chair- heard from some of the loudest voices very apt—and be sent to the States for man GRASSLEY cares a great deal about in this debate over the last few days. their ratification. So if the majority maintaining the legacy of the Judici- From the outset, I have maintained leader truly wants the voters to decide ary Committee and the propriety of its that the Senate should withhold its how best to proceed, our founding doc- proceedings. Under his leadership, we consent of a Supreme Court nomina- ument provides a way forward. have seen the committee put country tion to fulfill Justice Scalia’s seat and Suggesting that the Senate should before party and move consensus, bi- wait to hold any hearings on a Su- refuse to consider a nominee during an partisan proposals. I had hoped Chair- preme Court nominee until the next election year stands as a cynical af- man GRASSLEY would approach the President, whether it is a Republican front to our constitutional system, and task of confirming our next Supreme or a Democrat, is elected and sworn in. it misrepresents our history. The Sen- Court Justice with the same sense of This position is shared by all of my Re- ate has a long tradition of working to fairness and integrity. I still hope that. publican colleagues on the Senate Ju- confirm Supreme Court Justices in But I was very disappointed to learn diciary Committee, consistent with the election years. One need look no fur- that yesterday Chairman GRASSLEY Senate’s powers in the appointment of ther than sitting Associate Justice An- gathered only Republican committee Federal judges and supported by histor- thony Kennedy, a Supreme Court members in a private meeting where ical precedent.

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.031 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S979 In response, some of my colleagues to hear and rule upon any of the cases six, as it has been in the last two full on the other side of the aisle and many that are currently on the Court’s dock- terms of Justice Scalia’s service on the in the media have resorted to all man- et or any of the cases that are before Court. ner of counterarguments, ranging from the Court in this term. In other words, Let’s not forget what should be obvi- the historically and constitutionally it would be historically anomalous for ous: The sky does not fall when a 4-to- inaccurate to the absurd, and in many any of the cases currently pending be- 4 split occurs on the Supreme Court; cases, the claims made by some of my fore the Court to be decided this term rather, the decision of the lower court colleagues today flatly contradict their by a nine-member Supreme Court no is left standing. And if there is the own statements from the past. matter what the Senate chooses to do prospect of a 4-to-4 split on a particu- I believe the plain meaning of the regarding any future nominee. larly salient matter, the Court always Constitution and the historical record Let’s put this in perspective. In this has the option of scheduling or re- are sufficiently clear to stand on their scenario—a scenario endorsed by Sen- scheduling the hearing for a later time own as evidence that there is abso- ate Democrats—it is highly unlikely when the Court will have all nine Jus- lutely nothing unprecedented and abso- that the nominee to fill Justice tices presiding and hearing the case. lutely nothing improper about the Sen- Scalia’s seat would hear oral argu- Finally, a vacancy on the Court last- ate choosing to withhold its consent of ments until the beginning of October, ing through the Presidential election a President’s nominee to the Supreme literally just a few weeks before the season will have no greater effect on Court, so I would like to focus on one Presidential election. This proves that the Court’s ability to decide cases than particular allegation offered by some the main argument made by President any number of instances in the past of my colleagues on the other side of Obama and his allies is based on a where the Court has had to decide mat- the aisle. myth. In their telling, the Senate’s ters with eight Justices or even fewer. With the letter and the spirit of the choice to withhold consent of a nomi- As recently as the Court’s 2010-to-2011 Constitution, as well as their own nee would deny President Obama a Su- term, the Court had to decide over 30 words standing against them, many preme Court Justice who will serve cases with eight or fewer Justices, al- have turned to fearmongering in a last- during his final year in the White most entirely as a result of recusals ditch effort to win the debate. They House, but in reality, it is unlikely arising from Justice Kagan’s nomina- claim that leaving Justice Scalia’s seat that the President’s nominee will join tion. vacant until the next President nomi- the Supreme Court until the country is Likewise, following the retirement of Justice Powell in 1987, the Court had to nates a replacement would somehow just weeks away from choosing Presi- act on 80 cases with 8 or fewer justices. inflict a profound institutional injury dent Obama’s replacement. I think This was a result of Democratic opposi- on the Supreme Court by disrupting most Americans recognize the problem tion to Judge Bork and the eventual the resolution of this term’s cases be- of a President having the ability to re- late-February confirmation of Anthony fore the Court, a term including impor- shape the Supreme Court in his image Kennedy, coupled with dozens of tant cases on abortion, immigration, on his way out of office, and that is ex- recusals by Kennedy and other Justices religious liberty, and mandatory union actly why the Senate is choosing to withhold its consent in this case. This later in that term. dues, among others, ensnaring the In the October term of 1945, the Court is the right course not because of any- Court in endless gridlock with an even- functioned as an eight-member body thing the Senate does or does not do ly split eight Justices on the bench and while Justice Robert Jackson was serv- leaving it short-staffed for an unprece- and not because of anything the Presi- ing as a prosecutor in Nuremberg, act- dented and potentially prolonged pe- dent does or does not do, it is simply a ing on a full term’s caseload without riod. Here, the doomsayers are on weak function of the unfortunate timing of him. Tellingly, when Justice Jackson ground, indeed. Let’s look at each of Justice Scalia’s death. Claims to the expressed concern about missing so these claims in turn. contrary are flatly contradicted by an many cases and actually considered re- First, is it true—as many have empirical analysis of the Court’s his- turning early for that reason, Justice claimed—that the business of the Su- tory. Felix Frankfurter wrote to encourage Second, the Senate’s decision to preme Court will be obstructed or oth- Justice Jackson to stay on as a pros- erwise disrupted if the Senate with- withhold consent will not lead to an in- ecutor, stating that his absence was holds its consent of President Obama’s tractable impasse or hopeless gridlock, not ‘‘sacrificing a single interest of im- nominee? Absolutely not. even if the eventual appointee were to portance.’’ Compared to today, the In recent history—in fact, since the miss the entirety of the next term, Court had a larger workload and issued nomination of Justice Scalia to the Su- which starts in October of 2016 and runs many more opinions during that term preme Court in 1986—it has taken more until the end of June 2017. in which Justice Jackson was absent. In each of its previous 5 terms, the than 70 days on average for the Senate This suggests that a vacancy of a simi- current Court has decided only 16 cases to confirm or reject a nominee after lar duration as Jackson’s full-term sab- on average—or 23 percent of its case- that nominee has been formally sub- batical would be even less damaging to load—by a 5-to-4 majority, and Justice mitted by the President to the Senate the Court’s functioning than the ab- Scalia was 1 of the 5 Justices in the for its advice and consent—more than sence of Justice Jackson—an absence majority in those 5-to-4 cases only 70 days on average. In many cases, it that, to reiterate, did not sacrifice ‘‘a about half of the time on average. That has taken far longer for the Senate to single interest of importance.’’ grant or withhold its consent. It took means that the vacancy left by Justice The next President’s future nominee this body 108 days to reject Judge Rob- Scalia would result in about eight is unlikely to miss as many cases as ert Bork and 99 days to confirm Justice cases out of dozens being decided by a Justices Kennedy or Jackson missed. Clarence Thomas. 4-to-4 split. In fact, in the last term These are the facts, Mr. President. Presuming the modern historic aver- served by Justice Scalia, the last com- They can’t be ignored nor can they be age would hold true for any future plete term, he was in the majority in wished away. If we are going to have a nominee, even if President Obama were only six of those 5-to-4 cases, and in serious, honest debate about the va- to announce and refer a nominee to the the year before that, the preceding cancy left by Justice Scalia’s tragic Senate today for our advice and con- term, Justice Scalia’s second to last passing, we must proceed on the basis sent, the process would carry through term, he was in the majority in only of these facts. until at least early May. But, signifi- five of the cases decided by a 5-to-4 ma- Thank you, Mr. President. cantly, the Supreme Court stops hear- jority. What does this mean? Well, it I yield the floor. ing cases in April, which means that means that it is likely that the effect The PRESIDING OFFICER. The Sen- even if President Obama were to an- of his absence on the final vote and ul- ator from New Hampshire. nounce a nominee today, right now, timate disposition of cases will be Mrs. SHAHEEN. Mr. President, since and even if the Senate were to confirm lower than even the average suggests. the beginning of our Nation, the U.S. that nominee in a period of time con- Instead of eight cases being decided by Senate has maintained an important sistent with historical standards, that a 4-to-4 split in Justice Scalia’s ab- bipartisan tradition of giving fair con- individual would not be seated in time sence, it is likely to be closer to five or sideration to Supreme Court nominees.

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.033 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S980 CONGRESSIONAL RECORD — SENATE February 24, 2016 Article II, section 2 of the Constitution for so long can hardly be overstated. clearly. Elections have consequences, is unambiguous about the respective Most significant, a long-standing va- and President Obama must carry out duties and responsibilities of the Presi- cancy would compromise the Court’s the constitutional responsibilities and dent and the Senate when there is a ability to perform one of its most im- duties of his office by nominating a Supreme Court vacancy. The Founders portant functions, that is, establishing successor for Justice Scalia. The Presi- did not intend these roles to be op- a uniform rule of law for the entire dent is simply doing the job that the tional or something to be disregarded. country. American people elected him to do. Article II also states that the Presi- Every Senator here has sworn to sup- The President doesn’t stop working dent shall hold his office during the port and defend the Constitution—full simply because it is an election year. term of 4 years, not 3 years or 3 years stop. That is the oath we have taken. He has more than 300 days left in of- and 1 month, but 4 full years. Our oath doesn’t say to uphold the fice, as do the Senators who will face The Constitution plainly says that it Constitution most of the time or only the voters this November. Congress is the President’s duty to nominate a when it is not a Presidential election should not stop working, either, in this Supreme Court Justice and it is the year or only when it is convenient for election year and should earn their full Senate’s duty to provide advice and us or only when we like the ideology paycheck. consent on that nomination. Through- that is being presented to us. Our oath So my message is clear. Do your job. out our history, Senators have done says to uphold and defend the Constitu- It is our responsibility to take up the their constitutional duty by consid- tion every day, no matter what the nominations the President will submit ering and confirming Supreme Court issue is that comes before us. The to us. And I think the American people Justices in the final year of a Presi- American people expect us as Senators will ultimately demand that the Sen- dency. In fact, the Senate has done to be faithful to our oath. They also ex- ate do its job and not threaten to stop that 14 times, most recently in 1988, pect us to do our jobs regardless of working simply to coddle and pander to when the Senate confirmed Justice An- whether it is a Presidential election the most extreme fringe elements of its thony Kennedy, who was President year. base, as was done when the government Reagan’s nominee to the Supreme I believe we should respect our oath shut down a few years ago with the Court. He sent that nomination over to of office. I believe we should do the job flirtation of a default on the full faith the Democratic majority in this body. we were sent here to do by the Amer- and credit of the U.S. Government. Almost 28 years ago exactly to the day ican people. I believe we should follow Just as the President is carrying out in February of 1988, the Democratic the Constitution. As former Justice his constitutional duties, so should the majority in the Senate confirmed Re- Sandra Day O’Connor said last week, Senate. My colleagues in the Senate publican President Ronald Reagan’s ju- and I quote again, ‘‘I think we need took an oath to support the Constitu- dicial nomination, Anthony Kennedy, somebody [on the Supreme Court] now tion. It is only February, leaving the unanimously 97–0. They didn’t debate to do the job, and let’s get on with it.’’ Senate plenty of time before the elec- whether it was a Presidential year and I say, let’s get on with it. tions to consider a nomination that whether they could act. It was in the I yield the floor. President Obama will make in the middle of a hard-fought election. It was Mr. President, I suggest the absence coming weeks. not at all clear what the outcome of of a quorum. I find it disgraceful that my Repub- that election was going to be. The PRESIDING OFFICER. The lican colleagues would try to obstruct Since 1975, the average length of time clerk will call the roll. the nomination before the nominee has from nomination to a confirmation The bill clerk proceeded to call the even been named. Our job as Senators vote for the Supreme Court—that is roll. is to examine the qualifications of the the average length of time; sometimes Mr. CARDIN. Mr. President, I ask nominee for the position. The Senate it has taken longer and sometimes it unanimous consent that the order for should get to work once President has been shorter—but since 1975, the the quorum call be rescinded. Obama makes his nomination, in a average length of time has been 67 days The PRESIDING OFFICER. Without process that usually takes around two because our predecessors in the Senate objection, it is so ordered. months. recognized how important it is for the Mr. CARDIN. Mr. President, I join If you look over the history of nomi- Supreme Court to be fully functioning. the Nation in offering my heartfelt Unfortunately, this week we are see- nations that have been made by a condolences to the family and friends ing this bipartisan tradition regarding President on Supreme Court nominees the Court being put at risk. Yesterday of Justice Scalia, who was an Associate in the amount of time the Senate has we heard the majority leader say that Justice of the U.S. Supreme Court. For considered those nominations, the av- if the President nominates a person to more than three decades, Justice erage is 2 to 3 months. Let me remind the Supreme Court—any person, no Scalia devoted himself to the rule of you, we have almost a year left in this matter how superbly qualified—there law and public service at the highest term of Congress. There is plenty of will be no hearings and no vote. We levels. Whether you agreed or disagreed time. The Senate Judiciary Committee even heard some Senators say they with his decisions, there is no debate has historically reported nominees to would refuse to meet with any poten- about Justice Scalia’s profound impact the floor even if the nominee did not tial nominee. I think that is very un- on the Supreme Court. He served his garner a majority vote in the com- fortunate. country with great honor. mittee. And then let the Senate work It is unfortunate for a number of rea- I was privileged to serve as a member its will to either confirm or reject the sons, probably first and foremost be- of the Judiciary Committee when I President’s nominee. cause the people of the United States first joined the Senate. I participated The tradition of the Senate is to expect us to work together here in in confirmation hearings for judicial allow each Senator to vote yea or nay Washington to do the job of the coun- nominees for both President Bush and on a nomination to the Supreme Court try—to do the jobs we were elected to President Obama, including the hear- of the United States. That has been the do—and because the current Presi- ings for Justices Sonia Sotomayor and tradition of the Senate. Of course, dent’s term ends in January of 2017. Elena Kagan. every Senator has the right to vote no. That is more than 300 days from now. The Constitution spells out quite Senators were elected for 6-year terms During that time, the Supreme Court clearly what happens when a vacancy by the citizens of their State and have will hear many important cases, but if occurs on the Supreme Court. Article the right and obligation to vote. Presi- the majority in the Senate has their II, section 2, of the Constitution states dent Obama was elected by the people way, the Court will do so without a full that the President ‘‘shall nominate, of the United States for a 4-year term roster of Justices. and by and with the Advice and Con- and has the right and obligation to As Brianne Gorod of the Constitution sent of the Senate, shall appoint . . . nominate. Accountability Center has said, and I Judges of the supreme Court.’’ History has shown that when the quote: The American people twice elected roles were reversed and the Democrats The consequences of the Supreme President Obama to 4-year terms in of- held the majority in the Senate, Su- Court being without all nine justices fice. Their voices have been heard very preme Court and judicial nominees for

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.034 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S981 Republican Presidents were given hear- to say we are not going to allow the 4-to-4 ties. Under that scenario, the di- ings and up-and-down votes regardless full complement to be there? vision of the lower court stands, even of when the vacancy occurred. Justice I am also privileged to serve as the when there is a split among the cir- Kennedy was confirmed to the Supreme ranking member of the Senate Com- cuits where only the Supreme Court Court in the last year of President mittee on Foreign Relations and the could and should clarify the law. This Ronald Reagan’s final term in 1988. ranking member and former chair of will lead to more uncertainty, litiga- Other examples of Presidential elec- the Helsinki Commission. I must tell tion, wasted time and resources, and tion-year confirmations include Jus- my colleagues, as I meet with heads of ultimately delay and deny justice for tice Murphy in 1940, Justice Cardozo in foreign governments, parliamentarians the American people. 1932, and Justice Brandeis in 1916. And and judges overseas, I feel great pride It would be a great tragedy—and po- the Democratic-controlled Senate con- in that America has created inde- tentially do long-term damage to the firmed numerous judicial nominees of pendent judges where a neutral fact- Supreme Court and the independent ju- President George W. Bush throughout finder decides the case based on the law diciary—if the Republican strategy of his final year in office, including near- and the facts and cannot be fired for delay and obstruction prevails. I urge ly a dozen judges in September 2008, making a decision that offends the gov- my colleagues: Do your job. Do your just weeks before the election of Presi- ernment or the politically powerful. I job. When the President submits the dent Obama. really do believe the Supreme Court nomination for the Supreme Court va- While I might have picked different and Federal judiciary are some of the cancy created by the death of Justice judges as a Senator, I voted to confirm crown jewels of our American system Scalia, schedule a timely hearing and the vast majority of President Bush’s of government and the envy of the establish a reasonable schedule for the judicial nominations in his final year world. That is why I am so disgusted Senate and each of its 100 Members to in office. I will continue to carry out and disappointed today with the major- vote yea or nay on the person the President submits as a nominee for the my constitutional responsibilities that ity’s attempt to abdicate their respon- Supreme Court. That is our responsi- I undertook when I became Senator sibilities as Senators and as Americans bility. We need to do our job. and swore to support the Constitution. by not doing their job and simply ob- structing the operation of good govern- Mr. President, I yield the floor. In my view, Justice Scalia would ex- The PRESIDING OFFICER. The Sen- pect nothing less than for the Presi- ance for partisan political purposes. I say that because the Republican mem- ator from Massachusetts. dent and the Congress to follow the let- Mr. MARKEY. Mr. President, former ter and spirit of the Constitution, our bers of the Judiciary Committee have written a letter saying they are not Chief Justice Warren Burger once ex- Nation’s most fundamental legal docu- plained the historical significance of ment. Justice Scalia wrote a 2004 opin- even going to take up this nomination. There will not even be any hearings. the U.S. Constitution as follows. He ion about the importance of having all Do your job. Our job is to consider a wrote that ‘‘in the last quarter of the nine Justices on the Supreme Court. nomination that is submitted by the 18th century, no nation in the world He stated that without a full com- President. was governed with separated and di- plement of Justices, the Court—I am What the Republicans are effectively vided powers providing checks and bal- quoting from Justice Scalia—‘‘will find trying to do is to temporarily shrink ances on the exercise of authority by itself unable to resolve the significant the Supreme Court from nine to eight those who governed.’’ legal issues’’ in pending cases and that Justices and shorten the term of the The Chief Justice went on to call the a vacancy ‘‘impairs the functioning of President from 4 years to 3 years. That Constitution ‘‘a remarkable docu- the Court.’’ is not in the Constitution. This is dis- ment—the first of its kind in all of Justice Scalia understood the impor- graceful and indefensible. Frankly, it human history.’’ Chief Justice Burger was right. The tance to have nine Supreme Court Jus- reminds me of the arguments Repub- Constitution is remarkable, and it is tices. Are we really going to allow licans used in 2013 when they accused remarkable not only for what it says there to be a vacancy for that ninth President Obama of trying to pack the seat for a year? but how it says it. court when they announced they would In some places the Constitution Former Justice Rehnquist, when he not support further nominees to the was an Associate Justice of the Su- speaks in poetry, like the Preamble U.S. Court of Appeals for the District that begins with ‘‘We the People of the preme Court in 1972, wrote that the of Columbia Circuit. No, President prospect of affirming lower court judg- United States,’’ and talks of ‘‘a more Obama was not trying to pack the perfect Union’’ and ‘‘the Blessings of ments by an equally divided court was court by changing the number of seats ‘‘undesirable’’ because ‘‘the principle of Liberty.’’ on the court. He was merely nomi- In other places, the Constitution is law presented by [each] case is left un- nating individuals to existing vacan- settled.’’ When there is a circuit split, simple prose, but given the importance cies on the court that were authorized of every single word in the text of the Justice Rehnquist continued, ‘‘the by Congress by an enacted statute. Constitution, the Founding Fathers prospect of affirmance by an equally That is the President’s responsibility. wrote in plain, concise, and under- divided Court, unsatisfactory enough Let me remind my colleagues that standable language. in a single case, presents even more se- Congress has the authority to pass a That clarity can be found in the ad- rious problems where companion cases statute that is signed into law by the vice and consent clause of article II, reaching opposite results are heard to- President or by overriding his veto. section 2. Its words could not be clear- gether here. . . . [A]ffirmance of each What Congress cannot and the Senate er. It simply states that the President of such conflicting results by an equal- should not do is purport to shrink the of the United States ‘‘shall nominate, ly divided Court would lay down ‘one size of the court, be it the Supreme and by and with the Advice and Con- rule in Athens, and another rule in Court or district court or circuit court, sent of the Senate, shall appoint Am- Rome’ with a vengeance.’’ by simply refusing to even consider a bassadors, other public Ministers and What Justice Rehnquist was saying nominee until the next President takes Consuls, and Judges of the supreme is when we have different appellate office. Court.’’ court decisions—one circuit ruling one If this decision by the Republicans is There is no ambiguity there. It is not way and another circuit ruling another allowed to stand, it would create an ar- an invitation to reinterpretation. The way—they come to the Supreme Court, tificial vacancy for over a full year, President’s obligation under the Con- we have conflicting interpretations, spanning two terms of the Court, which stitution is crystal clear. He shall and we have the Supreme Court of the would be unprecedented since the Civil nominate someone to fill a vacancy on United States to resolve that dif- War. We recall that after the last cen- the Supreme Court. ference. tury, Supreme Court nominees have re- President Obama has stated that he What happens if there is a 4-to-4 ceived timely hearings and consider- will fulfill his obligation and send the vote? We have different rules in the ations by the Senate Judiciary Com- Senate an eminently qualified nominee Fourth Circuit than in the Third Cir- mittee and the full Senate. to fill the vacancy created by the un- cuit. That is why we have a Supreme It matters if the Supreme Court is fortunate passing of Justice Antonin Court. And for a year-plus we are going not fully operational and gridlocks in Scalia.

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.035 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S982 CONGRESSIONAL RECORD — SENATE February 24, 2016 When President Obama does that, it Court’s recent 5-to-4 decisions to un- The PRESIDING OFFICER (Mr. LEE). will be the Senate’s turn to fulfill its derstand why Republicans prefer a va- Without objection, it is so ordered. obligation under the Constitution. cancy on the Supreme Court. With only Mr. BLUMENTHAL. Mr. President, I The text of the Constitution on the eight justices instead of nine, the am here today to urge this body to ful- Senate’s responsibility is similarly Court’s decisions can deadlock with a fill its constitutional duty and take ac- clear. The Senate is to provide its ad- 4-to-4 vote. A tie vote leaves in place tion on the Supreme Court nominee vice and consent. Let me repeat that. the lower court decision that has been who shortly will be submitted by Presi- The Senate is to provide its advice and appealed to the Supreme Court. A 4-to- dent Obama. I come here not only as a consent. 4 deadlock can have far-reaching con- U.S. Senator but also as a former Fed- Advice and consent does not mean sequences. eral prosecutor, a U.S. attorney in Con- the Senate disregards the Constitution Take Bush v. Gore, the 2000 decision necticut from 1977 to 1981, a former and ignores a nomination to the Su- that stopped Florida’s vote recount in State attorney general for 20 years, preme Court. It is advice and consent, the 2000 Presidential election. Bush v. and a veteran of four arguments before not avoid and contempt. Gore was decided by a 5-to-4 vote. If a the U.S. Supreme Court. I am also here The advice and consent clause is not seat on the Supreme Court had been as a former law clerk to Justice Harry the constitutional equivalent of Roger vacated, resulting in a 4-to-4 vote, then Blackmun, and I share with the Pre- Maris’s home run statistics. There is the outcome of that election could siding Officer the experience of having no asterisk in the Constitution that di- have been different. had that supremely important and rects readers to small print that says So that is pretty much the con- formative experience, and, of course, it ‘‘except in an election year.’’ There is sequence here. It is going to have, shapes my view as well of the Court. no fine print in the Constitution that without question, some impact on how I have immense respect and awe for says the Senate is to give its advice these decisions are going to be made, the position and power and eminence of and consent except in the last year of but it is without any full comprehen- the U.S. Supreme Court, its role in our a President’s term. sion of what that change could be, only democracy, and its history of scholar- Despite the clear constitutional in- because nine human beings are in- ship and public service. I have the same struction on how the executive and leg- volved, but there is a responsibility admiration for Justice Antonin Scalia, islative branches are to handle a va- that we have in the Senate to ensure and I take this moment to remember cancy on the Supreme Court, the Re- that we, in fact, have a full Supreme his uniquely American life. publicans on the Judiciary Committee Court. As the son of an immigrant, he was a yesterday unilaterally decided they The President shall nominate. That dedicated public servant, a gifted writ- would not hold a hearing on a Supreme is without question the duty he has. We er, and a powerful speaker. I heard him Court nominee to fill Justice Scalia’s shall provide advice and consent. That speak on a number of occasions and ar- seat until after the upcoming Presi- is our duty. We don’t have to give con- gued before him in the Court in a num- dential election. This partisan decision sent at the end of the day. We can have ber of memorable exchanges. His sense to obstruct is a drastic departure from a vote on the Senate floor to determine of humor and his quickness of wit and long-established practice and proce- whether someone is, in fact, going to insight remain with me now. As all of dure in filling Supreme Court vacan- be confirmed, but we have that con- my colleagues will attest, he dedicated cies. The Senate has routinely con- stitutional responsibility. his life to serving the public, which can firmed Supreme Court Justices in the There is still ample time for the be demanding and difficult at times, final year of a Presidency. In fact, it President to submit a nomination, for but his life showed, as we know, that has happened more than a dozen times, the Judiciary Committee to hold hear- the difficulties and the demands are most recently with the confirmation of ings on it, and for the full Senate to well worth the rewards. My thoughts Justice Anthony Kennedy during the vote on it. are with his wife Maureen and his en- last year of Ronald Reagan’s second The U.S. Constitution remains a re- tire family. term as President. In the last 100 years, markable document. Let us treasure it, My personal view, speaking only for the Senate has taken action on every not twist it. Let us respect it, not run myself, is that one way to honor Jus- Supreme Court nominee regardless of from it. Let us fulfill our constitu- tice Scalia is to adhere to the Constitu- whether the nomination was made in a tional obligations and have a hearing tion, to follow its words, which are Presidential election year. on the President’s nominee and a vote very explicit on the topic of nomi- So the American people now have to by the Senate. In other words, to the nating and confirming a Supreme deal with two vacancies: one on the Su- U.S. Senate: Do your job. It is in the Court Justice and which give us the preme Court and the other in the judg- Constitution. There is no way you can role of advising and consenting after ment of Senate Republicans because run from a clear interpretation of what the President has nominated. I hope we they seem willing to go to unprece- the Constitution requires us to do once will fulfill our constitutional duty to dented lengths to stop this constitu- the President has nominated a new advise and consent—to do our job, lit- tionally mandated process from mov- candidate for the Supreme Court. erally, to do our job as we were elected ing forward. There are direct instructions for the and took an oath of office to do. That Republican Senators’ reading words President in the Constitution and there is what we are paid to do—our job as into the Constitution to reach the re- are direct instructions for us in the prescribed by the Constitution. I fun- sult they want is no different from the Senate. damentally reject the notion that the so-called judicial activism on the Let us hope that after the President Senate’s refusal to act, as laid out in bench they routinely decry. nominates a candidate, that this body no uncertain terms by my Republican The Republicans would rather shirk deliberates, listens to all the testi- colleagues, fulfills this obligation. In their constitutional responsibility than mony, and then has a vote on whether fact, the abdication of responsibility let President Obama appoint another that person is qualified to serve on the through this rejection is disrespectful Justice to the Court. They would rath- Supreme Court, but the only way that to that document and to the Court er deprive the country of a fully func- is going to happen is if this body does itself. tioning Supreme Court than fulfill its job. So we ask the Members of the President Obama has indicated that their constitutional duty, not just for majority to ensure that happens. he is currently engaged in a thoughtful the remainder of this term but for the Mr. President, I yield the floor. and deliberative process, working to se- next term of the Supreme Court as I suggest the absence of a quorum. lect a nominee with the intellect and well. The PRESIDING OFFICER. The integrity that will persuade the Amer- Now, why is that? Well, because a clerk will call the roll. ican public and hopefully also the Sen- Justice of the Supreme Court has only The senior assistant legislative clerk ate to support his suggestion. His nom- one vote, but a single seat on the Court proceeded to call the roll. ination would allow the Supreme Court and a single vote that comes with it Mr. BLUMENTHAL. Mr. President, I to function again with the nine mem- can carry enormous significance. We ask unanimous consent that the order bers who are essential to its delibera- need only look at this divided Supreme for the quorum call be rescinded. tion.

VerDate Sep 11 2014 00:26 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.037 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S983 The conclusions my colleagues ad- bility. It enforces obeyance by virtue of Mr. WHITEHOUSE. Mr. President, we vance during such a process will, of that credibility. are here on this conflict we have over course, be to each of them to decide. I This posture by my Republican col- a Supreme Court nominee, which has will be, in fact, among the most exact- leagues threatens to drag a vital, non- turned into a considerable, unprece- ing and demanding of our colleagues partisan institution into the morass of dented fuss, I believe, for a fairly sim- who question that nominee in a hear- procedural gamesmanship and elec- ple reason. The elephant, so to speak, ing, who seek answers in screening and toral mudslinging—the kind of game in the room is that the Court has be- researching the expertise and experi- playing and gamesmanship that has so come a political actor under Chief Jus- ence of that person. In no way should disillusioned and dismayed Americans tice Roberts. The rightwing bloc on the the Judiciary Committee, on which I more broadly. Court delivered politically because it serve, or the U.S. Senate, where we all As I have discussed this process with had a 5-to-4 majority. Now their right- serve, act as a rubberstamp. No way. the people of Connecticut, I have heard wing majority is gone, and Republicans No rubberstamp. We must advise as outrage over this attempt to hamstring are predictably upset. well as consent, and advising means the Supreme Court, which looks like Justice Frankfurter admonished: being demanding and careful. But I the recent, similarly illogical process But it is not the business of this Court to think we have an obligation to go of shutting down the government. pronounce policy. It must observe a fas- through that process. We can’t just If my Republican colleagues want to tidious regard for limitations on its own say, sight unseen, no. We can’t say that reject a nominee, that is their right. power, and this precludes the Court’s giving we are going to leave it to the next After a hearing, they can vote no. They effect to its own notions of what is wise or elected Senate or the next elected may have reason, and those reasons politic. President. We have been elected and he may be subjective or fact-based and ob- Well, that was then. The five-judge has been elected to do our job. jective. But to simply deny any consid- bloc on the Roberts Court, of which The Supreme Court must have a full eration—even a meeting with a nomi- Justice Scalia was an essential part, complement of Justices to effectively nee—is stark obstructionism. It is an systematically and predictably pro- address some of the most complex extreme version of the phenomenon nounced policy in favor of three things: issues and consequential legal chal- that has frozen this body for much too No. 1, conservative ideology; No. 2, the lenges our Nation faces today. Put long. welfare of big corporations; and No. 3, aside the merits of each—whether it is The majority campaigned in 2014 on the electoral well-being of the Repub- immigration or affirmative action, restoring law and getting things done. lican Party. And people noticed. Linda women’s reproductive rights, voting They promised Americans everywhere Greenhouse wrote that it is ‘‘impos- rights—decisions are needed. The lack that the new Senate majority would sible to avoid the conclusion that the of decision has consequences, just as usher in an end to gridlock on Capitol Republican-appointed majority is com- elections have consequences. Hill. We made some progress—too slow, mitted to harnessing the Supreme Obstruction has consequences, too, too little—but moving in the right di- Court to an ideological agenda.’’ Other and we cannot afford to weaken the rection will be forestalled, if not noted Court watchers, such as Norm Federal judiciary’s capacity for effec- doomed, by this obstructionism, and Ornstein and Jeffrey Toobin, agree. As tive governance. We can’t allow a man- these promises would be broken if the Jeffrey Toobin noted, the pattern of de- ufactured crisis in the Senate to plunge Senate refuses to act. cisions ‘‘has served the interests, and another branch of government into At this critical time, we cannot hold reflected the values, of the contem- gridlock and to plague the judiciary the highest level of an entire branch of porary Republican party.’’ Columnist with the same partisan paralysis that government hostage because of polit- Dana Milbank observed of a recent de- is so detested by the American people. ical gamesmanship. That is not what cision that ‘‘the Roberts Court has In fact, the rejection of our constitu- the American people elected us to do, found yet another way to stack the tional responsibility to do our job and it is not what the American people deck in favor of the rich.’’ The Court would epitomize the gridlock and par- deserve. Doing so would dishonor the has become so political that Justices tisan contention that America finds so bipartisan tradition of providing a Scalia and Thomas have attended the abhorrent today. Like my colleagues, I hearing and a vote for a Supreme Court Koch brothers’ secretive annual polit- go around the State of Connecticut, nominee, which is our constitutional ical conference. Just this week, Ms. and what people say to me more com- obligation and has been followed by Greenhouse wrote, ‘‘[T]he conservative monly than anything else is ‘‘Why past Senates. majority is permitting the court to be- can’t you do your job? Why can’t you Even when a nominee during Presi- come an agent of partisan warfare to get stuff done?’’ Let’s get this done. dent Reagan’s Presidency was nomi- an extent that threatens real damage Statements by Majority Leader nated 14 months before the election to the institution.’’ MCCONNELL and Chairman GRASSLEY, and even though the vote came during It is not just the Court watchers who as well as a number of my other col- the last year of that President’s term have noticed; less than one-third of leagues, have indicated that President in office, Justice Kennedy was con- Americans have confidence in the Su- Obama’s nominee to the highest Court firmed. We should do the same. Why preme Court. Americans massively op- in the land should not even be consid- not? There is plenty of time between pose its Citizens United decision—80 ered, but turning our backs on that now and then to give deliberate due percent against, with 71 percent constitutional obligation to act would consideration to the President’s nomi- strongly opposed. Most tellingly, by a be equivalent to shutting down the nee. ratio of 9 to 1, Americans now believe government. It is of exactly the same I hope that the outrage and outcry the Court treats corporations more fa- kind of consequence. It may not be as from the American people will per- vorably than individuals. Even con- far-reaching in its immediate effect, suade my colleagues to reconsider, re- servative Republicans agree, by a 4-to- but it has the same long-term con- flect, and reverse this disastrous 1 margin, that this Court treats cor- sequences, which are not merely to pre- course. In fact, I believe they will re- porations more favorably than individ- vent decisions and actions from hap- lent because this course is dangerous uals. pening—necessary decisions and ac- to the Court, damaging to our Nation, Let’s take a look at the Court’s deci- tions—but also to undermine credi- and ultimately destructive to our de- sions in these three areas: election pol- bility and faith and trust in our gov- mocracy. itics, corporate interests, and the con- ernment. Mr. President, I yield the floor. servative social agenda. When it comes to the Congress or the The PRESIDING OFFICER. The Sen- In elections decisions, the Court’s President, maybe that credibility is of ator from Rhode Island. Republican-appointed majority always lesser importance, but it is a chief Mr. WHITEHOUSE. Mr. President, I seems to come down on the side that asset of our judiciary. The Supreme ask unanimous consent to speak for up helps the election prospects of the Re- Court of the United States has no ar- to 20 minutes. publican Party. mies or police force. It commands the The PRESIDING OFFICER. Without The Voting Rights Act, for example, Nation’s respect through its credi- objection, it is so ordered. protects minority access to the ballot,

VerDate Sep 11 2014 04:01 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.038 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S984 CONGRESSIONAL RECORD — SENATE February 24, 2016 and in States that had long histories of Vieth v. Jubelirer, four Republican cedure that had no exception for the discriminating against minority vot- Justices announced that they would no health of the mother. ers, it required preclearance of voting longer question whether gerry- As Justice Ginsburg stated in her dis- restrictions. In the 5-to-4 Shelby Coun- mandering interfered with any con- sent: ‘‘[T]he Act and the Court’s de- ty decision, the Republican-appointed stitutional voting rights. One, Justice fense of it cannot be understood as Justices gutted that preclearance re- Kennedy, left a glimmer of light, but anything other than an effort to chip quirement. Predictably, the result was the practical effect was to announce almost immediate enactment across away at a right declared again and open season for gerrymandering. As the again by this Court—and with increas- many States of voter-suppression laws. American Bar Association’s publica- The Washington Post described, for in- ing comprehension of its centrality to tion on redistricting has noted, ‘‘The women’s lives.’’ stance, the ‘‘surgical precision with Court’s recent decisions appear to give which North Carolina Republicans ap- legislators leeway to preserve partisan If the conservative win rate in the proved certain forms of photo IDs for advantage as zealously as they like Court is striking, the corporate one is voting and excluded others.’’ Texas, for when drawing district lines.’’ In prac- even more so. A recent study found the another instance, allowed gun permits tice, gerrymandering of Congress Roberts Court more favorable to busi- for voting but not State university IDs. squarely benefited Republicans. ness interests than its predecessors, And even where these voter-suppres- A third example is campaign finance with all five members of the recent sion laws ultimately fail in court, Re- decisions, the most noticeable being rightwing bloc among the top 10 most publicans still gain the benefit of fewer Citizens United, but a constellation of business-friendly judges in the last 65 Democrats in the electorate while they decisions surrounds Citizens United, years. Chief Justice Roberts was No. 1 are litigated. beginning with Justice Powell’s 1978 and Justice Alito No. 2. The conservative judges’ decisions on opinion in First National Bank of Bos- gerrymandering are a second example. Studies showed the Roberts Court ton v. Belloti. The careful work of Re- ‘‘Gerrymandering’’ is named after Mas- following the legal position of the U.S. publican appointees on the Court over sachusetts Governor Elbridge Gerry Chamber of Commerce, which is a de many years to open American politics and his efforts to shape the district of facto organ of the National Republican to corporate spending has conferred ob- a State senator he needed to protect. A Party, 69 percent of the time, up from clever modern variant of gerry- vious political advantage to the Repub- 56 percent during the Rehnquist Court mandering has emerged—bulk gerry- lican Party, and, as many news outlets and 43 percent during the Burger mandering—which looks at the whole reported, it was Republicans who Court. Connect the dots. The Repub- congressional delegation of a State. cheered the Citizens United decision. licans are the party of the corpora- This tactic isolates Democrats into So, in elections, it is three for three tions, the judges are the appointees of small, supersaturated Democratic dis- in favor of the Republican Party. the Republicans, and the judges are de- tricts so that majority-Republican dis- Turning from elections to the con- livering for the corporations. It is tricts can be created out of the remain- servative agenda on social issues, such being done in plain view. as religion and abortion and gun con- der of the State. Many Chamber victories were signifi- By manipulating the districts this trol, let’s start with the District of Co- cant, such as making employment dis- way through its so-called REDMAP lumbia v. Heller decision, a Second crimination harder to prove, letting project, Republicans delivered congres- Amendment decision in which this manufacturers and distributors fix sional delegations that didn’t reflect same five-man bloc created, for the minimum prices for retail goods, let- the State’s popular vote, over and over. first time in our history, an individual ting mutual funds advisers include For instance, when Pennsylvania vot- right to keep firearms for self-defense. ers went to the polls in 2012, Demo- As recently as 1991, this doctrine was misstatements made by others in the cratic votes for Congress outnumbered such a fringe theory that it was pub- documents they prepare for investors, Republican votes by a little over 80,000. licly described by retired Chief Justice and even Hobby Lobby, where the Pennsylvania also reelected President Warren Burger as ‘‘one of the greatest Court put the religious rights of cor- Obama that year and our colleague, pieces of fraud, I repeat the word porate entities over the rights of em- Democratic Senator BOB CASEY. But ‘fraud,’ on the American public by spe- ployees. Pennsylvania at that ballot sent a cial interest groups that I have ever Big corporations hate being hauled House delegation to Congress of 5 seen in my lifetime.’’ That was the the- into court and having to face juries, Democrats and 13 Republicans—more ory which five on the Court adopted. and the five Republican appointees pro- votes for Democrats, more Republicans As one author noted, ‘‘Five Justices on tected them by raising pleading stand- in the delegation by 13 to 5. the Supreme Court were able to rein- ards for victims, letting companies This was not just a Pennsylvania terpret, by some standards radically, push disputes into corporate-favored fluke. In 2012, Ohio voted for Barack the Second Amendment’s right to keep arbitration, restricting Americans’ Obama for President and returned our and bear arms as a personal, not a col- ability to press cases of large-scale Democratic colleague SHERROD BROWN lective right in Heller.’’ wrongdoing in class actions, making it to the Senate but sent 12 Republicans At the wall separating church and more difficult for workers to hold em- to Congress and only 4 Democrats. Wis- state, the bloc of five chipped steadily ployers accountable for workplace har- consin voted for Obama in 2012 and away: Christian crosses in public assment, and making it harder for con- elected progressive Senator TAMMY parks, Federal tax credits funding reli- sumers with serious side effects to sue BALDWIN to the Senate but sent five gious schools, Christian prayer at leg- the drug companies. Republicans and only three Democrats islative meetings. As constitutional Now before the Court is a case the to Congress. scholar Erwin Chemerinsky summed it five-man bloc has pursued for some The Republican organization behind up: ‘‘Rather than obliterating the wall time. It was expected that the five REDMAP bragged of this achievement. separating church and state all at I will quote REDMAP’s memo: once, the Roberts Court’s opinions are would use it to deal a significant blow [A]ggregated numbers show voters pulled dismantling it brick by brick.’’ to the political and economic clout of the lever for Republicans only 49 percent of Four decades ago, Roe v. Wade recog- unions, a great boon for the big cor- the time in congressional races, [but] Repub- nized a wall of privacy in the Constitu- porations. It also looked like the five licans enjoy a 33-seat margin in the U.S. were teeing up for the fossil fuel indus- House seated yesterday in the 113th Con- tion between the government and a woman’s private medical decisions. In try, a big victory against the Presi- gress, having endured Democratic successes dent’s Clean Power Plan. atop the ticket and over one million more this context, the court has long re- votes cast for Democratic House candidates quired State laws barring late-term There was a lot at stake in that fifth than Republicans. abortions to have an exception to pro- vote. There was a lot that was deliv- This gerrymandering ran wild be- tect the health of the mother. Then the ered because of that fifth vote. At 4 to cause in a Supreme Court case called Roberts Court upheld a ban on the pro- 4, the circuit court decision below

VerDate Sep 11 2014 04:01 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.040 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S985 stands. At 4 to 4, the challenged regula- The legislative clerk proceeded to The Paducah Sun recently published tion ordinarily prevails. call the roll. an article highlighting the impact Bill I will close with the big sockdolager: Mr. MCCONNELL. Mr. President, I Usher had on his friends, family, and Citizens United. It was once the opin- ask unanimous consent that the order community. I ask unanimous consent ion of the U.S. Supreme Court that ‘‘to for the quorum call be rescinded. that a copy of the article be printed in subject the state governments to the The PRESIDING OFFICER (Mr. the RECORD. combined capital of wealthy corpora- PERDUE). Without objection, it is so or- There being no objection, the mate- tions [would] produce universal corrup- dered. rial was ordered to be printed in the tion.’’ No more. The five judges behind f RECORD, as follows: Citizens United opened the floodgates [From the Paducah Sun, Feb. 15, 2016] REMEMBERING WILLIAM USHER for unlimited anonymous corporate BILL USHER REMEMBERED AS BENEVOLENT spending in elections. They found that Mr. MCCONNELL. Mr. President, I PUBLIC SERVANT corporate corruption of elections was wish to commemorate the life and leg- (By Kaylan Thompson) near impossible, and they caused a tsu- acy of a distinguished Kentuckian who Paducah leaders and friends remember Wil- nami of slime—to use a phrase that I has sadly passed away. William ‘‘Bill’’ liam ‘‘Bill’’ Usher as a driving force of lead- borrow—that we have seen in recent Usher of Paducah died this February ership and benevolence throughout the area election cycles. Such a brute role for 14, 2016, after a short illness. He was 86 and say his impact will be felt throughout the community for years to come. big corporations in our American Gov- years old. Bill was the owner and manager for ‘‘He’s a rare breed of community leader in ernment would shock the Founding Fa- Paducah,’’ said Bill Bartleman, McCracken thers who foresaw no important role in many years of Usher Transport, a fam- County commissioner and friend of Usher for our Republic for the corporations of ily-owned and operated Kentucky busi- nearly 40 years. ‘‘He was the old kind of lead- the time. ness founded in the 1940s. He was well ership, the behind-the-scenes leader that we To unleash that corporate power in known in Paducah and western Ken- used to have, the kind of people who weren’t our elections, the five conservative jus- tucky as a community leader, and he in the limelight. They just did what they tices had to go through some remark- was a friend of mine whom I saw often thought was right for the community.’’ in my travels through Paducah. Usher died early Sunday morning at able contortions. They had to reverse Morningside Assisted Living. He was 86. previous decisions where the Court had Bill gave generously of his time and Bartleman, a former legislative reporter said the opposite. They had to make up resources to many organizations, char- with The Sun, first got to know Usher while facts that were then predictably and ities, and causes. He served as both covering community and political move- are now demonstrably wrong. They had president and chairman of the Greater ments in the 1970s. During that time, Usher to create a make-believe world of inde- Paducah Chamber of Commerce. He proved a helpful source and political liaison. served with Greater Paducah Industrial ‘‘He was a major force for our commu- pendence and transparency in election nity,’’ Bartleman said. ‘‘He did a lot to help spending that present experience be- Development, the Paducah Rotary Club, the Kentucky Motor Transport the community and did it quietly. He had lies, and they had to maneuver their contacts with political leaders, and he own judicial procedures to forestall a Association, and National Tank Truck worked with them to get benefits for the factual record belying the facts they Carriers. community. He did things that people prob- were making up. Bill was a board member of Citizens ably didn’t know about and would have been It was a dirty business with a lot of Bank and helped found Paducah’s first hard to document because he worked so signs of intent, and it has produced evil industrial development group. He was humbly.’’ the chairman of the Barkley Regional Usher’s political and civic resume includes results that we live with every day. All an array of titles, including chairman of the of this—Republican election advan- Airport board of directors. He was also the chairman of the Board of Exhibit McCracken County Democratic Party, presi- tage, corporate welfare, the conserv- dent of the Greater Paducah Chamber of ative social agenda—is because the ac- Management in Louisville. Commerce, president of the Paducah Rotary tivists, corporatists, and rightwing Bill understood what it means to Club, and chairman of the Barkley Regional bloc had a fifth vote. That bloc of five serve from a young age. While studying Airport Board of Directors. did more for the far right, for the Re- at the University of Kentucky, he was ‘‘He was always supportive and always en- named outstanding cadet of the Air couraged good government,’’ Bartleman said. publican Party, and for its corporate ‘‘He wanted people to do the right thing. He backers than all of the Republicans in Force ROTC. Upon graduation in 1952, he served as a fighter pilot in the U.S. didn’t use his influence to benefit himself, he the House and Senate have been able to used it solely to benefit the community do. They delivered. Now it is 4 to 4 and Air Force and Air Force Reserves for through the bureaucracy of government.’’ that advantage is gone; hence the panic several years, retiring as a major. During Bartleman’s campaign for political While in the military, he served as an on the Republican side; hence the de- office, he added, Usher often reached out to air combat and gunner instructor at parture from plain constitutional text. him. Luke Air Force Base in Phoenix, AZ, ‘‘He said he was supportive of me as long Imagine any other constitutional as I would do what’s right for the community duty of the President that he failed to and with the 417th Tactical Fighter Squadron based in France and Ger- and the people,’’ he said. ‘‘Even in his senior do that would not cause uproar and years he was involved in politics and wanted outrage. There would be nobody on the many flying F–100s. He was awarded things done right, not to see people elected floor here because everybody would the Commendation Medal. In the 1960s, to help himself, but to see people elected have run off to FOX News to get their he moved back to Paducah to help who would do good government.’’ talking headshot in and talk about build the family business. That inspiration, Bartleman said, is the Bill was a native of Graves County torch Usher passed on to him and others, en- what a terrible thing the President had couraging them to lead with humility. done by violating his constitutional and attended the First United Meth- odist Church in Mayfield, KY. ‘‘What I learned from him is to just do the duty. Well, the President has a con- right thing and don’t seek publicity,’’ He leaves behind his wife Virginia stitutional duty—he shall nominate. Bartleman said. ‘‘In the long run you’ll be They are in a political pickle, but the ‘‘Ginger’’ Sabel Usher; two sons, Wil- rewarded, at least in knowing you benefited Constitution doesn’t care about the liam A. Usher, Jr., and Alan W. Usher; the community. Your involvement in any- politics. From the Constitution’s point a stepdaughter, Karen Elizabeth Reed thing should be to do what’s right and not Alpers; a stepson, James Boone Reed; seek self-gratification.’’ of view, the politics are just too darn Usher, a Mayfield native, was a graduate of bad. The Constitution directs the three grandsons, Ryan Lunsford Usher, William Patrick Usher, and William A. Mayfield High School and the University of President to make the appointment, Kentucky. and he should do his job. The Constitu- Usher III; three stepgrandsons, David He came to Paducah in 1960 following eight tion gives the Senate the job of advice Roscoe Reed II, William Murphy Reed, years of service in the U.S. Air Force, then and consent to the President’s nomi- and Ely E. Mazmanians; a taking on the family business, Usher Trans- nee. We should do our job just as the stepgranddaughter, Avary Frazier; ex- portation Co., as president. In recent years, he strongly supported sev- Constitution provides. tended family members Gabriel Vieira, Kathleen Overlin, Sabel Overlin, Max eral charitable organizations and the Padu- I yield the floor. cah Police Department. I suggest the absence of a quorum. Overlin, Elise Overlin, and Stacy While most of his work remained anony- The PRESIDING OFFICER. The Overlin; and many more beloved family mous, his chief involvement with the depart- clerk will call the roll. members and friends. ment was with Christmas Cops, a program

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.042 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S986 CONGRESSIONAL RECORD — SENATE February 24, 2016 engaging police with area families and youth these two critical legislative initia- food, drugs, medical devices, cosmetics, through shopping for gifts and necessities. tives, along with the civil rights com- and vitamin supplements. ‘‘Bill, being a huge supporter of the mis- munity, proved instrumental in mov- I believe that Dr. Califf, a Duke car- sion of the police department to build rela- ing these two bills through Congress. diologist and clinical trial researcher tionships with the community and the chil- dren, has been instrumental in affecting Leslie has been an effective and tire- endorsed by over 100 physician and pa- many, many lives in this community posi- less advocate in promoting diversity in tient groups, is well qualified to over- tively by either financial support or being our Federal judiciary so that our see this critical mission. there to support our efforts,’’ said Paducah courts are more representative of the I look forward to working with Dr. Police Chief Brandon Barnhill, a friend of his citizenry they serve. Our justice sys- Califf to implement key public health for many years. tem has been made a better one be- priorities, including examining ways to Usher’s support of the department began cause of her contributions. I commend tackle rising prescription drugs prices, when he initiated an annual fundraiser in Leslie for her years of service and wish improve clinical trials, and combat the support of the program in the 1990s. His ef- opioid epidemic. forts remained largely anonymous until the her the best as she moves forward in early 2000s, when he became a member of the her career. (At the request of Mr. REID, the fol- Christmas Cops board. f lowing statement was ordered to be ‘‘Whether it was financial or moral, he was printed in the RECORD.) always there in a supporting nature,’’ CONFIRMATION OF ROBERT ∑ Mrs. MCCASKILL. Mr. President, I Barnhill said. ‘‘He was a big driving force be- CALIFF was necessarily absent for today’s vote hind much of what we do during the Christ- Mr. GRAHAM. Mr. President, I ask on the nomination of Robert McKinnon mas season. He was a well-grounded indi- my colleagues to join me in congratu- Califf to be Commissioner of Food and vidual, and he stayed true to his principles. lating Dr. Robert Califf on his con- Drugs, Department of Health and He would give you the shirt off his back if firmation today as Food and Drug Ad- Human Services. that’s what it took, and that’s putting it ∑ lightly.’’ ministration, FDA, Commissioner. Dr. I would have voted nay. A healthy community with thriving indi- Califf is a well-respected cardiologist f that hails from Anderson, SC,—very viduals was Usher’s goal, believing connec- BUDGET SCOREKEEPING REPORT tions and relationships were key to achiev- close to where I grew up. He has served ing it. our country and its medical needs in a Mr. ENZI. Mr. President, I wish to ‘‘He fully understood the value of men- variety of capacities. As a faculty submit to the Senate the budget toring and fostering a positive relationship member and professor at Duke Univer- scorekeeping report for February 2016. with the police and youth,’’ said Stacey sity, he founded the Duke Clinical Re- The report compares current law levels Grimes, retired assistant chief of criminal of spending and revenues with the investigations with the Paducah Police De- search Institute and served as vice partment. ‘‘We’re not always arresting peo- chancellor for clinical research. In ad- amounts provided in the conference re- ple or writing tickets, and he wanted them dition to his accomplishments during port to accompany S. Con. Res. 11, the to see us in a different light.’’ his tenure at Duke, he is an active budget resolution for fiscal year 2016. Grimes met Usher in 1994 at a Christmas member of several professional organi- This information is necessary to deter- Cops fundraiser, then called Shop with a Cop. zations, including committees of the mine whether budget points of order lie ‘‘He and his wife didn’t want any praise or Institute of Medicine of the National against pending legislation. It has been publicity for hosting the fundraiser,’’ Grimes Academies and the FDA. prepared by the Republican staff of the said. ‘‘He was extremely humble and was Senate Budget Committee and the Con- probably the most benevolent man that I’ve In 2015, Dr. Califf was named Deputy ever met. He never sought praise for what he Commissioner for Medical Products gressional Budget Office, CBO, pursu- did, not even a pat on the back.’’ and Tobacco for the FDA. In this role, ant to section 308(b) of the Congres- ‘‘He always worked everything behind the Dr. Califf is responsible for overseeing sional Budget Act, CBA. scenes. His work helped ensure the program and directing the Center for Drug Eval- This is the second scorekeeping re- is sustainable for the future. Because of what uation and Research, the Center for port for this calendar year but the Bill set up, I think it will be there for gen- Devices and Radiological Health, and sixth report I have made since adoption erations to come.’’ the Center for Tobacco Products. He of the fiscal year 2016 budget resolution Usher’s friends agree that helping others on May 5, 2015. My last filing can be was always his top priority. also oversees the Office of Special Med- ‘‘The hardest part of this is that we will ical Programs. found in the CONGRESSIONAL RECORD on never know how many lives Bill has posi- The broad bipartisan support for Dr. January 11, 2016. The information con- tively affected,’’ Barnhill said. ‘‘But we do Califf’s nomination is testament to his tained in this report is current through know there are many, many out there. It’s strong, transparent leadership and February 22, 2016. just the person that he was.’’ record of advancing medical break- Table 1 gives the amount by which f throughs. The FDA has been operating each Senate authorizing committee is without a confirmed Commissioner for below or exceeds its allocation under TRIBUTE TO LESLIE PROLL the past year, and I applaud the Sen- the budget resolution. This informa- Mr. LEAHY. Mr. President, I would ate’s confirmation of Dr. Califf. I look tion is used for enforcing committee like to recognize Leslie Proll, the di- forward to working with Dr. Califf as allocations pursuant to section 302 of rector of policy for the NAACP Legal he brings his expertise to addressing the CBA. Over the fiscal year 2016–2025 Defense and Educational Fund, Inc., for challenges facing the FDA and our Na- period, which is the entire period cov- her years of excellent public service as tion. ered by S. Con. Res. 11, Senate author- she begins a new chapter in her career. f izing committees have spent $147.9 bil- Since 1998, Leslie has served as policy lion more than the budget resolution director at LDF, where she has advo- VOTE EXPLANATION calls for. cated for the organization’s policy and Mr. WARNER. Mr. President, today Table 2 gives the amount by which legislative priorities. She has brought the Senate voted on the confirmation the Senate Committee on Appropria- her expertise to bear on advancing im- of Dr. Robert Califf to serve as Com- tions is below or exceeds the statutory portant Federal civil rights legislation missioner of Food and Drugs, Depart- spending limits. This information is and advocating for well-qualified, di- ment of Health and Human Services. used to determine points of order re- verse nominees to serve in our Federal While I was unable to vote today, I lated to the spending caps found in sec- judiciary and the executive branch. would have supported Dr. Califf’s nomi- tion 312 and section 314 of the CBA. On My staff has worked closely with her nation, just as I supported proceeding December 18, 2015, the President signed over the years, and she has been stead- to cloture on his nomination in Mon- H.R. 2029, the Consolidated Appropria- fast and unwavering in her commit- day evening’s vote. tions Act, 2016, P.L. 114–113, into law. ment to civil rights. Leslie provided in- The Food and Drug Administration This bill provided regular appropria- valuable support when Congress reau- has lacked a permanent Commissioner tions equal to the levels set in the Bi- thorized the Voting Rights Act in 2006 for almost a year, despite its role over- partisan Budget Act of 2015, P.L. 114–74, and passed the Lilly Ledbetter Fair seeing the safety of 25 percent of goods specifically $548.1 billion in budget au- Pay Act in 2009. Her contributions to sold in the United States, including thority for defense accounts, revised

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.030 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S987 security category, and $518.5 billion in TABLE 1.—SENATE AUTHORIZING COMMITTEES—ENACTED TABLE 3.—SENATE APPROPRIATIONS COMMITTEE—EN- budget authority for nondefense ac- DIRECT SPENDING ABOVE (+) OR BELOW (¥) BUDGET ACTED OVERSEAS CONTINGENCY OPERATIONS/GLOBAL counts, revised nonsecurity category. RESOLUTIONS WAR ON TERRORISM DISCRETIONARY APPROPRIATIONS Table 3 gives the amount by which (In millions of dollars) (In millions of dollars) the Senate Committee on Appropria- tions is below or exceeds its allocation 2016 2016–2020 2016–2025 2016 for Overseas Contingency Operations/ Agriculture, Nutrition, and For- BA OT Global War on Terrorism, OCO/GWOT, estry Budget Authority...... 0 0 0 OCO/GWOT Allocation 1 ...... 73,693 32,079 spending. This separate allocation for Outlays ...... 0 0 0 Amount Provided by Senate Appropriations Subcommittee OCO/GWOT was established in section Armed Services Budget Authority ...... ¥66 ¥518 ¥1,117 Agriculture, Rural Development, and 3102 of S. Con. Res. 11 and is enforced Outlays ...... ¥50 ¥476 ¥1,099 Related Agencies ...... 0 0 using section 302 of the CBA. The con- Banking, Housing, and Urban Commerce, Justice, Science, and Re- lated Agencies ...... 0 0 solidated appropriations bill included Affairs Budget Authority...... 0 0 0 Defense ...... 58,638 27,354 $73.7 billion in budget authority and Outlays ...... 0 0 0 Energy and Water Development ...... 0 0 $32.1 billion in outlays for OCO/GWOT Commerce, Science, and Financial Services and General Govern- Transportation ment ...... 0 0 in fiscal year 2016. This level is equal to Budget Authority ...... 130 650 1,300 Homeland Security ...... 160 128 the revised OCO/GWOT levels that I Outlays ...... 0 0 0 Interior, Environment, and Related Agencies ...... 0 0 filed in the RECORD on December 18, Energy and Natural Resources Budget Authority...... 0 0 0 Labor, Health and Human Services, 2015. Outlays ...... 0 0 0 Education and Related Agencies ..... 0 0 The budget resolution established Environment and Public Works Legislative Branch ...... 0 0 Budget Authority ...... 2,880 19,432 9,459 Military Construction and Veterans Af- two new points of order limiting the Outlays ...... 252 1,147 ¥8,801 fairs, and Related Agencies ...... 0 0 use of changes in mandatory programs Finance State Foreign Operations, and Related Budget Authority ...... 365 41,116 152,815 Programs ...... 14,895 4,597 in appropriations bills, CHIMPS. Ta- Outlays ...... 365 41,116 152,815 Transportation and Housing and Urban bles 4 and 5 show compliance with fis- Foreign Relations Development, and Related Agencies 0 0 Budget Authority...... 0 0 0 cal year 2016 limits for overall CHIMPS Current Level Total ...... 73,693 32,079 Outlays ...... 0 0 0 and the Crime Victims Fund CHIMP, Total OCO/GWOT Spending vs. Homeland Security and Govern- Budget Resolution ...... 0 0 respectively. This information is used mental Affairs Budget Authority...... 0 0 0 BA = Budget Authority; OT = Outlays for determining points of order under ¥ Outlays ...... 0 1 0 1 This allocation may be adjusted by the Chairman of the Budget Com- section 3103 and section 3104, respec- Judiciary mittee to account for new information, pursuant to section 3102 of S. Con. tively. Enacted CHIMPS are under Budget Authority ...... ¥3,358 5,962 4,833 Res. 11, the Concurrent Resolution of the Budget for Fiscal Year 2016. Outlays ...... 1,713 5,862 4,082 both the broader CHIMPS limit, $1.3 Health, Education, Labor, and billion less, and the Crime Victims Pensions TABLE 4.—SENATE APPROPRIATIONS COMMITTEE—EN- Budget Authority ...... 0 208 278 ACTED CHANGES IN MANDATORY SPENDING PROGRAMS Fund limit, $1.8 billion less. Outlays ...... 0 208 278 In addition to the tables provided by Rules and Administration (CHIMPS) the Senate Budget Committee Repub- Budget Authority...... 0 0 0 (Budget authority, millions of dollars) Outlays ...... 0 0 0 lican staff, I am submitting additional Intelligence 2016 tables from CBO that I will use for en- Budget Authority...... 0 0 0 Outlays ...... 0 0 0 CHIMPS Limit for Fiscal Year 2016 ...... 19,100 forcement of budget levels agreed to by Veterans’ Affairs the Congress. Budget Authority ...... ¥2 ¥1 ¥1 Senate Appropriations Subcommittees For fiscal year 2016, CBO estimates Outlays ...... 388 644 644 Agriculture, Rural Development, and Related Agencies 600 Indian Affairs Commerce, Justice, Science, and Related Agencies ...... 9,458 that current law levels are $138.9 bil- Budget Authority...... 0 0 0 Defense ...... 0 lion and $103.6 billion above the budget Outlays ...... 0 0 0 Energy and Water Development ...... 0 resolution levels for budget authority Small Business Financial Services and General Government ...... 725 Budget Authority...... 0 0 0 Homeland Security ...... 176 and outlays, respectively. Revenues are Outlays ...... 1 2 2 Interior, Environment, and Related Agencies ...... 28 $155.2 billion below the level assumed Labor, Health and Human Services, Education and Re- Total lated Agencies ...... 6,799 ¥ in the budget resolution. Finally, So- Budget Authority .... 51 66,849 167,567 Legislative Branch ...... 0 cial Security outlays are at the levels Outlays ...... 2,669 48,502 147,921 Military Construction and Veterans Affairs, and Related assumed in the budget resolution for Agencies ...... 0 State Foreign Operations, and Related Programs ...... 0 fiscal year 2016, while Social Security TABLE 2.—SENATE APPROPRIATIONS COMMITTEE— Transportation and Housing and Urban Development, revenues are $23 million below assumed ENACTED REGULAR DISCRETIONARY APPROPRIATIONS 1 and Related Agencies ...... 0 levels for the budget year. (Budget authority, in millions of dollars) Current Level Total ...... 17,786 CBO’s report also provides informa- Total CHIMPS Above (+) or Below (¥) Budget tion needed to enforce the Senate’s 2016 Resolution ...... ¥1,314 pay-as-you-go rule. The Senate’s pay- Security 2 Nonsecurity 2 TABLE 5.—SENATE APPROPRIATIONS COMMITTEE—EN- as-you-go scorecard currently shows Statutory Discretionary Limits ...... 548,091 518,491 deficit reduction of $20.4 billion over Amount Provided by Senate Appropriations Subcommittee ACTED CHANGES IN MANDATORY SPENDING PROGRAM the fiscal year 2015–2020 period and $95.7 Agriculture, Rural Development, and (CHIMP) TO THE CRIME VICTIMS FUND billion over the fiscal year 2015–2025 pe- Related Agencies ...... 0 21,750 (Budget authority, millions of dollars) riod. Over the initial 6-year period, Commerce, Justice, Science, and Re- lated Agencies ...... 5,101 50,621 2016 Congress has enacted legislation that Defense ...... 514,000 136 Energy and Water Development ...... 18,860 18,325 would increase revenues by $17 billion Crime Victims Fund (CVF) CHIMP Limit for Fiscal Year Financial Services and General Govern- 2016 ...... 10,800 and decrease outlays by $3.3 billion. ment ...... 44 23,191 Over the 11-year period, Congress has Homeland Security ...... 1,705 39,250 Senate Appropriations Subcommittees enacted legislation that would increase Interior, Environment, and Related Agriculture, Rural Development, and Related Agencies 0 Agencies ...... 0 32,159 Commerce, Justice, Science, and Related Agencies ...... 9,000 revenues by $36.8 billion and decrease Labor, Health and Human Services, Defense ...... 0 Education and Related Agencies ..... 0 162,127 Energy and Water Development ...... 0 outlays by $59 billion. The Senate’s Legislative Branch ...... 0 4,363 Financial Services and General Government ...... 0 pay-as-you-go rule is enforced by sec- Military Construction and Veterans Af- fairs, and Related Agencies ...... 8,171 71,698 Homeland Security ...... 0 tion 201 of S. Con. Res. 21, the fiscal State Foreign Operations, and Related Interior, Environment, and Related Agencies ...... 0 year 2008 budget resolution. Programs ...... 0 37,780 Labor, Health and Human Services, Education and Re- Transportation and Housing and Urban lated Agencies ...... 0 All years in the accompanying tables Development, and Related Agencies 210 57,091 Legislative Branch ...... 0 are fiscal years. Military Construction and Veterans Affairs, and Related Current Level Total ...... 548,091 518,491 Agencies ...... 0 I ask unanimous consent that the ac- Total Enacted Above (+) or Below State Foreign Operations, and Related Programs ...... 0 companying tables be printed in the (¥) Statutory Limits ...... 0 0 Transportation and Housing and Urban Development, and Related Agencies ...... 0 RECORD. 1 This table excludes spending pursuant to adjustments to the discre- There being no objection, the mate- tionary spending limits. These adjustments are allowed for certain purposes Current Level Total ...... 9,000 in section 251(b)(2) of BBEDCA. Total CVF CHIMP Above (+) or Below (¥) Budget rial was ordered to be printed in the 2 Security spending is defined as spending in the National Defense budg- Resolution ...... ¥1,800 RECORD, as follows: et function (050) and nonsecurity spending is defined as all other spending.

VerDate Sep 11 2014 05:22 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.023 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S988 CONGRESSIONAL RECORD — SENATE February 24, 2016 U.S. CONGRESS, signature the Trade Facilitation and Trade TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPEND- CONGRESSIONAL BUDGET OFFICE, Enforcement Act of 2015 (H.R. 644). That act ING AND REVENUES FOR FISCAL YEAR 2016, AS OF Washington, DC, February 24, 2016. would affect budget authority, outlays, and FEBRUARY 22, 2016—Continued Hon. MIKE ENZI, revenues for fiscal year 2016. (In billions of dollars) Chairman, Committee on the Budget, Sincerely, U.S. Senate, Washington, DC. KEITH HALL, Current DEAR MR. CHAIRMAN: The enclosed report Director. Budget Current Level Over/ shows the effects of Congressional action on Enclosure. Resolution Level a Under (¥) the fiscal year 2016 budget and is current Resolution through February 22, 2016. This report is sub- TABLE 1.—SENATE CURRENT LEVEL REPORT FOR SPEND- Outlays ...... 3,091.2 3,194.9 103.6 mitted under section 308(b) and in aid of sec- ING AND REVENUES FOR FISCAL YEAR 2016, AS OF Revenues ...... 2,676.0 2,520.7 ¥155.2 tion 311 of the Congressional Budget Act, as Off-Budget FEBRUARY 22, 2016 Social Security Outlays b 777.1 777.1 0.0 amended. Social Security Revenues 794.0 794.0 0.0 The estimates of budget authority, out- (In billions of dollars) lays, and revenues are consistent with the Source: Congressional Budget Office. Current a. Excludes emergency funding that was not designated as an emergency technical and economic assumptions of S. Budget Current Level Over/ requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Con. Res. 11, the Concurrent Resolution on Resolution Level a Under (¥) Emergency Deficit Control Act of 1985. the Budget for Fiscal Year 2016. Resolution b. Excludes administrative expenses paid from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Since our last letter dated January 11, 2016, On-Budget Fund of the Social Security Administration, which are off-budget, but are the Congress has cleared for the President’s Budget Authority ...... 3,069.8 3,208.7 138.9 appropriated annually. TABLE 2.—SUPPORTING DETAIL FOR THE SENATE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2016, AS OF FEBRUARY 22, 2016 (In millions of dollars)

Budget Authority Outlays Revenues

Previously Enacted a Revenues ...... n.a, n.a. 2,676,733 Permanents and other spending legislation ...... 1,968,496 1,902,345 n.a. Appropriation legislation ...... 0 500,825 n.a. Offsetting receipts ...... ¥784,820 ¥784,879 n.a. Total, Previously Enacted ...... 1,183,676 1,618,291 2,676,733 Enacted Legislation: An act to extend the authorization to carry out the replacement of the existing medical center of the Department of Veterans Affairs in Denver, Colorado, to authorize transfers of amounts to carry out the replacement of such medical center, and for other purposes (P.L. 114–25) ...... 0 20 0 Defending Public Safety Employees’ Retirement Act & Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (P.L. 114–26) ...... 0 0 5 Trade Preferences Extension Act of 2015 (P.L. 114–27) ...... 445 175 ¥766 Steve Gleason Act of 2015 (P.L. 114–40) ...... 5 5 0 Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114–41) b ...... 0 0 99 Continuing Appropriations Act, 2016 (P.L. 114–53) ...... 700 775 0 Airport and Airway Extension Act of 2015 (P.L. 114–55) ...... 130 0 0 Department of Veterans Affairs Expiring Authorities Act of 2015 (P.L. 114–58) ...... ¥2 368 0 Protecting Affordable Coverage for Employees Act (P.L. 114–60) ...... 0 0 40 Bipartisan Budget Act of 2015 (P.L. 114–74) ...... 3,424 4,870 269 Recovery Improvements for Small Entities After Disaster Act of 2015 (P.L. 114–88) ...... 0 1 0 National Defense Authorization Act for Fiscal Year 2016 (P.L. 114–92) ...... ¥66 ¥50 0 Fixing America’s Surface Transportation Act (P.L. 114–94) ...... 2,880 252 471 Federal Perkins Loan Program Extension Act of 2015 (P.L. 114–105) ...... 269 269 0 Consolidated Appropriations Act, 2016 (P.L. 114–113) b ...... 2,008,016 1,563,177 ¥156,107 Patient Access and Medicare Protection Act (P.L. 114–115) ...... 32 32 0 Total, Enacted Legislation ...... 2,015,833 1,569,894 ¥155,989 Passed, Pending Signature: Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644) ...... 20 20 ¥7 Entitlements and Mandatories: Budget resolution estimates of appropriated entitlements and other mandatory programs ...... 9,170 6,674 0 Total Current Level c ...... 3,208,699 3,194,879 2,520,737 Total Senate Resolution d ...... 3,069,829 3,091,246 2,675,967 Current Level Over Senate Resolution ...... 138,870 103,633 n.a. Current Level Under Senate Resolution ...... n.a. n.a. 155,230 Memorandum: Revenues, 2016–2025: Senate Current Level ...... n.a. n.a. 31,755,050 Senate Resolution ...... n.a. n.a. 32,233,099 Current Level Over Senate Resolution ...... n.a. n.a. n.a. Current Level Under Senate Resolution ...... n.a. n.a. 478,049 Source: Congressional Budget Office. Notes: n.a. = not applicable; P.L. = Public Law. a. Includes the following acts that affect budget authority, outlays, or revenues, and were cleared by the Congress during this session, but before the adoption of S. Con. Res. 11, the Concurrent Resolution on the Budget for Fiscal Year 2016: the Terrorism Risk Insurance Program Reauthorization Act of 2014 (P.L. 114–1); the Department of Homeland Security Appropriations Act, 2015 (P.L. 114–4), and the Medicare Access and CHIP Reauthorization Act of 2015 (P.L. 114– 10). b. Emergency funding that was not designated as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall not count for certain budgetary enforcement pur- poses. These amounts, which are not included in the current level totals, are as follows:

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

Total ...... ¥2 917 0 c. For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the resolution, as approved by the Senate, does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level does not include these items. d. Periodically, the Senate Committee on the Budget revises the budgetary levels in S. Con. Res. 11, pursuant to various provisions of the resolution. The Initial Senate Resolution total below excludes $6,872 million in budget authority and $344 million in outlays assumed in S. Con. Res. 11 for disaster-related spending. The Revised Senate Resolution total below includes amounts for disaster-related spending:

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

Revised Senate Resolution ...... 3,069,829 3,091,246 2,675,967

TABLE 3.—SUMMARY OF THE SENATE PAY-AS-YOU-GO SCORECARD FOR THE 114TH CONGRESS, AS OF FEBRUARY 22, 2016 (In millions of dollars)

2015–2020 2015–2025

Beginning Balance a ...... 0 0

VerDate Sep 11 2014 05:22 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.024 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S989 TABLE 3.—SUMMARY OF THE SENATE PAY-AS-YOU-GO SCORECARD FOR THE 114TH CONGRESS, AS OF FEBRUARY 22, 2016—Continued (In millions of dollars)

2015–2020 2015–2025

Enacted Legislation:bcd Iran Nuclear Agreement Review Act of 2015 (P.L. 114–17) ...... n.e. n.e. Construction Authorization and Choice Improvement Act (P.L. 114–19) ...... 20 20 Justice for Victims of Trafficking Act of 2015 (P.L. 114–22) ...... 1 2 Uniting and Strengthening America by Fulfilling Rights and Ensuring Effective Discipline Over Monitoring Act of 2015 (P.L. 114–23) ...... * * An act to extend the authorization to carry out the replacement of the existing medical center of the Department of Veterans Affairs in Denver, Colorado (P.L. 114–25) ...... 150 150 Defending Public Safety Employees’ Retirement Act & Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (P.L. 114–26) ...... ¥1 5 Trade Preferences Extension Act of 2015 (P.L. 114–27) ...... ¥640 ¥52 Boys Town Centennial Commemorative Coin Act (P.L. 114–30) ...... 0 0 Steve Gleason Act of 2015 (P.L. 114–40) ...... 13 28 Surface Transportation and Veterans Health Care Choice Improvement Act of 2015 (P.L. 114–41) ...... ¥1,552 ¥6,924 Agriculture Reauthorizations Act of 2015 (P.L. 114–54) ...... * * Department of Veterans Affairs Expiring Authorities Act of 2015 (P.L. 114–58) ...... 624 624 Protecting Affordable Coverage for Employees Act (P.L. 114–60) ...... ¥32 ¥2 Gold Star Fathers Act of 2015 (P.L. 114–62) ...... * * Ensuring Access to Clinical Trials Act of 2015 (P.L. 114–63) ...... * * Adoptive Family Relief Act (P.L. 114–70) ...... * * Surface Transportation Extension Act of 2015 (P.L. 114–73) ...... * * Bipartisan Budget Act of 2015 (P.L. 114–74) ...... ¥15,050 ¥71,315 Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015 (P.L. 114–81) ...... * * A bill to amend title XI of the Social Security Act to clarify waiver authority regarding programs for all-inclusive care for the elderly (PACE programs) (P.L. 114–85) ...... * * Recovery Improvements for Small Entities After Disaster Act of 2015 (P.L. 114–88) ...... 2 2 Improving Regulatory Transparency for New Medical Therapies Act (P.L. 114–89) ...... * * National Defense Authorization Act for Fiscal Year 2016 (P.L. 114–92) ...... ¥194 ¥10 Equity in Government Compensation Act of 2015 (P.L. 114–93) ...... * * Fixing America’s Surface Transportation Act (P.L. 114–94) g ...... ¥3,845 ¥18,144 Improving Access to Emergency Psychiatric Care Act (P.L. 114–97) ...... * * Breast Cancer Research Stamp Reauthorization Act of 2015 (P.L. 114–99) ...... ¥1 0 Hizballah International Financing Prevention Act of 2015 (P.L. 114–102) ...... * * Stem Cell Therapeutic and Research Reauthorization Act of 2015 (P.L. 114–104) ...... * * Federal Perkins Loan Program Extension Act of 2015 (P.L. 114–105) ...... ¥14 ¥13 Securing Fairness in Regulatory Timing Act of 2015 (P.L. 114–106) ...... * * National Guard and Reservist Debt Relief Extension Act of 2015 (P.L. 114–107) ...... * * Federal Improper Payments Coordination Act of 2015 (P.L. 114–109) ...... * * Consolidated Appropriations Act, 2016 (P.L. 114–113) h ...... 2 4 Patient Access and Medicare Protection Act (P.L. 114–115) ...... 36 ¥1 District of Columbia Courts, Public Defender Service, and Court Services and Offender Supervision Agency Act of 2015 (P.L. 114–118) ...... * * International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes Through Advanced Notification of Traveling Sex Offenders (P.L. 114–119) ...... * * Coast Guard Authorization Act of 2015 (P.L. 114–120) ...... * * North Korea Sanctions and Policy Enhancement Act of 2016 (P.L. 114–122) ...... * * Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644) ...... 104 ¥116 Judicial Redress Act of 2015 (H.R. 1428) ...... * * To revise the boundaries of certain John H. Chafee Coastal Barrier Resources System units in Florida. (H.R. 890) ...... * * Current Balance ...... ¥20,377 ¥95,742 Memorandum: Changes to Revenues ...... 17,037 36,750 Changes to Outlays ...... ¥3,340 ¥58,992 Source: Congressional Budget Office. Notes: n.e. = not able to estimate; P.L. = Public Law. * = between ¥$500,000 and $500,000. a Pursuant to S. Con. Res. 11, the Senate Pay-As-You-Go Scorecard was reset to zero. b The amounts shown represent the estimated impact of the public laws on the deficit. Negative numbers indicate an increase in the deficit; positive numbers indicate a decrease in the deficit. c Excludes off-budget amounts. d Excludes amounts designated as emergency requirements. e P.L. 114–17 could affect direct spending and revenues, but such impacts would depend on future actions of the President that CBO cannot predict. (http://www.cbo.gov/sites/default/files/cbofiIes/attachments/s615.pdf) f P.L. 114–30 will cause a decrease in spending of $5 million in 2017 and an increase in spending of $5 million in 2019 for a net impact of zero over the six-year and eleven-year periods. g The budgetary effects associated with the Federal Reserve Surplus Funds are excluded from the PAYGO Scorecard in P.L. 114–94 pursuant to section 232(b) of H.C. Res. 290, the Concurrent Budget Resolution for Fiscal Year 2001 (106th Congress). h The budgetary effects of divisions M through Q are not reflected in the PAYGO Scorecard pursuant to section 1001(b) of Title X of Division O of P.L. 114–113.

ADDITIONAL STATEMENTS riched the lives of those he served, and dation, Beartooth Humane Alliance, we honor his enduring legacy as a pub- and Bridger Community Food Bank. lic servant.∑ Tom is also the Red Lodge fire chief REMEMBERING JUDGE DAN KEMP f and was gracious enough to give me a NALL tour of an area fire discussing fuels re- TRIBUTE TO TOM KUNTZ ∑ Mr. BOOZMAN. Mr. President, today duction in August of 2013. I am grateful I wish to honor the life of Judge Dan ∑ Mr. DAINES. Mr. President, today I for Tom’s dedication to his hometown, Kemp Nall of Sheridan, AR, who passed wish to honor Tom Kuntz of Red Lodge, his generosity and selfless actions ben- away on Sunday, February 14, 2016. MT, for his company’s generous dona- efitting the people and organizations Judge Nall was a beloved husband, tions to nonprofits throughout Carbon that make up his community. It’s peo- brother, father, and grandfather. He County. ple like Tom that make me proud to was also a dedicated public servant, es- Tom is the owner of local pizza shop call Montana home. I agree with Tom pecially to his friends and neighbors in Red Lodge Pizza Co., which contributed when he says ‘‘it is great to give back Grant County where he served as coun- $11,700 of its profits to 20 various non- to people that make this place so won- ty judge for 10 terms after serving for profits to help support their goals and derful.’’∑ 20 years on the Grant County Quorum missions. His contributions make up Court. He was also active in many civic the largest portion of $34,000 raised f organizations, including the Jaycees during this year’s third annual chari- and the Sheridan Rotary Club, further table contribution program on behalf RECOGNIZING ROSECRANCE demonstrating his commitment to the of the Red Lodge Area Community HEALTH NETWORK people of his community. A graduate of Foundation. ∑ Mr. KIRK. Mr. President, today I the University of Arkansas, Judge Nall His generous giving is not just a one- wish to congratulate Rosecrance was a dedicated Razorback fan. time occurrence. Throughout his 20 Health Network for providing 100 years I admire his dedication to serving his years in business, Red Lodge Pizza Co. of high-quality care for Illinois resi- lifelong home of Grant County. I know has made supporting community orga- dents. As the Senate considers legisla- his leadership, dedication, and commit- nizations a priority. tion to address the heroin and opioid ment to the community will be missed Some of the organizations profiting epidemic, including S. 524, the Com- by many. I join with them in praying from Red Lodge Pizza Co.’s donations prehensive Addiction and Recovery for comfort for Judge Nall’s friends and include Boys and Girls of Carbon Coun- Act, which I was proud to introduce loved ones. We will remember the valu- ty, Domestic & Sexual Violence Serv- with Senators WHITEHOUSE, PORTMAN, able contributions he made which en- ices, Red Lodge Public Schools Foun- KLOBUCHAR, AYOTTE, and COONS, we

VerDate Sep 11 2014 05:22 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.032 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S990 CONGRESSIONAL RECORD — SENATE February 24, 2016 should consider successful organiza- was born in Kimball, SD, to Thomas To the Congress of the United States: tions like Rosecrance who have been and Sophia Lebeda. At the age of 3, her Pursuant to the authority vested in treating individuals with addiction for family moved to Murdo, where she has me by the Constitution and the laws of decades. lived ever since. Julia is the oldest of the United States, including section 1 Rosecrance Memorial Home for Chil- 14 children, and five of her siblings are of title II of Public Law 65–24, ch. 30, dren was established in 1916 to care for still living today. June 15, 1917, as amended (50 U.S.C. neglected and dependent children in Julia married Carroll Broecher in 191), sections 201, 202, and 301 of the Na- New Milford, IL. In 1982, after moving 1937. The couple had four children, tional Emergencies Act (50 U.S.C. 1601 to Rockford, IL, in the 1970s, they rec- three girls and one boy. Today, Julia et seq.), and section 301 of title 3, ognized growing substance abuse rates has 15 grandchildren and numerous United States Code, I hereby report among teenagers and created a first-of- great- and great-great-grandchildren. that I have issued a Proclamation to its-kind chemical dependency treat- In her youth, Julia worked as a coun- modify and continue the national ment program in northern Illinois spe- try school teacher for several years, emergency declared in Proclamations cifically for this population. In 1992, and later in life, she was the head cus- 6867 and 7757. this program expanded to serve adults todian for the Jones County court- The Proclamation recognizes that as well. house and a well-known restaurant in certain descriptions of the national Five years ago, they recognized the Murdo. emergency set forth in Proclamations importance of integrating addiction Over the years, Julia has had a sig- 6867 and 7757 no longer reflect the and mental health treatment and nificant impact on the Murdo commu- international relations of the United merged with the Janet Wattles Center nity and has been a fixture at school States related to Cuba. Further, the in Rockford. This has enabled them to and community functions. She is a Proclamation recognizes the reestab- treat individuals with co-occurring dis- charter member of the Community lishment of diplomatic relations be- orders that require behavioral health Bible Church where she taught Sunday tween the United States and Cuba, and and addiction treatment more effec- school to many children. One of those that the United States continues to tively. They now provide critical serv- children was me. She was known in the pursue the progressive normalization ices for over 22,000 children, adoles- area as being a master seamstress, of relations while aspiring toward a cents, adults, and families at over 40 making many wedding and prom peaceful, prosperous, and democratic locations in Illinois and Wisconsin an- dresses for young women, as well as Cuba. nually. teaching young women how to sew. The Proclamation clarifies the na- I congratulate Rosecrance Health Julia loves to fish and play cards and tional emergency related to Cuba and Network on a century of success and dominoes with family at the Murdo specifically provides the following look forward to working with them to Senior Center. statements related to U.S. national se- address substance abuse in my State.∑ Julia has always welcomed chal- curity and foreign policy: f lenges with a loving and caring atti- ∑ It is U.S. policy that a mass migra- tude and is the embodiment of the tion from Cuba would endanger the se- TRIBUTE TO BUFFALO GALS American values of faith, family, curity of the United States by posing a ∑ Mr. THUNE. Mr. President, I wish to friends and freedom. disturbance or threatened disturbance recognize the Buffalo Gals, a monthly Happy birthday, Julia.∑ of the international relations of the gathering of women in the Rapid City, f United States. SD, area that are hosts of the Inter- ∑ The unauthorized entry of vessels national Women’s Day celebration MESSAGES FROM THE PRESIDENT subject to the jurisdiction of the starting on March 4, 2016, in Rapid Messages from the President of the United States into Cuban territorial City. United States were communicated to waters is in violation of U.S. law and The Buffalo Gals are a motivated the Senate by Mr. Pate, one of his sec- contrary to U.S. policy. group of over 100 women who have retaries. ∑ The unauthorized entry of U.S.-reg- gathered once a month in Rapid City f istered vessels into Cuban territorial over the past year. Their mission is to waters is detrimental to U.S. foreign create a community of driven, like- EXECUTIVE MESSAGES REFERRED policy, and counter to the purpose of minded women who share their experi- As in executive session the Presiding Executive Order 12807, which is to en- ences with one another and act as role Officer laid before the Senate messages sure, among other things, safe, orderly, models for people of all ages. This in- from the President of the United and legal migration. spirational group spreads awareness of States submitting sundry nominations ∑ The possibility of large-scale unau- worthy causes and empowers its mem- which were referred to the appropriate thorized entries of U.S.-registered ves- bers to accomplish their goals, which committees. sels would disturb the international re- benefits the community as a whole. (The messages received today are lations of the United States by facili- This year’s theme for the Inter- printed at the end of the Senate pro- tating a possible mass migration of national Women’s Day celebration is ceedings.) Cuban nationals. ‘‘Celebrate our Legacy.’’ This exciting f I have directed the Secretary of 2-day event will honor the accomplish- Homeland Security (the ‘‘Secretary’’) ments and promising futures of the PRESIDENTIAL MESSAGE to make and issue such rules and regu- Buffalo Gals and women everywhere, lations as the Secretary may find ap- and it will feature guest speakers, REPORT ON THE MODIFICATION propriate to regulate the anchorage meals, and a live concert that will in- AND CONTINUATION OF THE NA- and movement of vessels, and authorize spire women to continue to be leaders TIONAL EMERGENCY WITH RE- and approve the Secretary’s issuance of that seek to address complex commu- SPECT TO CUBA AND OF THE such rules and regulations, as author- nity and family challenges. EMERGENCY AUTHORITY RELAT- ized by the Act of June 15, 1917. These remarkable women have ING TO THE REGULATION OF I am enclosing a copy of the Procla- achieved a great deal in the past year, THE ANCHORAGE AND MOVE- mation I have issued. and I am excited to see what they do in MENT OF VESSELS, AS AMEND- BARACK OBAMA. the future. I wish them continued suc- THE WHITE HOUSE, February 24, 2016. ED—PM 42 cess in the years to come.∑ f f The PRESIDING OFFICER laid be- fore the Senate the following message MESSAGES FROM THE HOUSE TRIBUTE TO JULIA BROECHER from the President of the United At 11:40 a.m., a message from the ∑ Mr. THUNE. Mr. President, today I States, together with an accompanying House of Representatives, delivered by wish to recognize Julia Broecher from report; which was referred to the Com- Mr. Novotny, one of its reading clerks, my hometown of Murdo, SD, as she mittee on Banking, Housing, and announced that the House has passed celebrates her 100th birthday. Julia Urban Affairs: the following bill, without amendment:

VerDate Sep 11 2014 05:22 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.022 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S991 S. 2109. An act to direct the Administrator ments relating to documentation for major report of a rule entitled ‘‘Rules of Practice of the Federal Emergency Management acquisition programs, and for other pur- and Procedure; Civil Money Penalty Infla- Agency to develop an integrated plan to re- poses; to the Committee on Homeland Secu- tion Adjustment’’ (RIN2590–AA77) received duce administrative costs under the Robert rity and Governmental Affairs. during adjournment of the Senate in the Of- T. Stafford Disaster Relief and Emergency H.R. 4402. An act to require a review of in- fice of the President of the Senate on Feb- Assistance Act, and for other purposes. formation regarding persons who have trav- ruary 18, 2016; to the Committee on Banking, The message also announced that the eled or attempted to travel from the United Housing, and Urban Affairs. House has passed the following bills, in States to support terrorist organizations in EC–4462. A communication from the Direc- Syria and Iraq, and for other purposes; to the which it requests the concurrence of tor, Community Development Financial In- Committee on Homeland Security and Gov- stitutions Fund, Department of the Treas- the Senate: ernmental Affairs. ury, transmitting, pursuant to law, the re- H.R. 3584. An act to authorize, streamline, H.R. 4408. An act to require the develop- port of a rule entitled ‘‘Bank Enterprise and identify efficiencies within the Trans- ment of a national strategy to combat ter- Award Program’’ ((RIN1505–AA91) (12 CFR portation Security Administration, and for rorist travel, and for other purposes; to the Part 1806)) received in the Office of the Presi- other purposes. Committee on Homeland Security and Gov- dent of the Senate on February 22, 2016; to H.R. 4398. An act to amend the Homeland ernmental Affairs. the Committee on Banking, Housing, and Security Act of 2002 to provide for require- f Urban Affairs. ments relating to documentation for major EC–4463. A communication from the Direc- acquisition programs, and for other pur- MEASURE HELD AT THE DESK tor, Community Development Financial In- poses. The following resolution was ordered stitutions Fund, Department of the Treas- H.R. 4402. An act to require a review of in- ury, transmitting, pursuant to law, the re- formation regarding persons who have trav- held at the desk, by unanimous con- port of a rule entitled ‘‘Community Develop- eled or attempted to travel from the United sent: ment Financial Institutions Program’’ States to support terrorist organizations in S. Res. 374. Resolution relating to the ((RIN1505–AA92) (12 CFR Part 1805)) received Syria and Iraq, and for other purposes. death of Antonin Scalia, Associate Justice of in the Office of the President of the Senate H.R. 4408. An act to require the develop- the Supreme Court of the United States. on February 22, 2016; to the Committee on ment of a national strategy to combat ter- f Banking, Housing, and Urban Affairs. rorist travel, and for other purposes. EC–4464. A communication from the Direc- The message further announced that EXECUTIVE AND OTHER tor, Community Development Financial In- the House has agreed to the following COMMUNICATIONS stitutions Fund, Department of the Treas- resolution: The following communications were ury, transmitting, pursuant to law, the re- port of a rule entitled ‘‘Capital Magnet H. Res. 620. Resolution relative to the laid before the Senate, together with Fund’’ (RIN1559–AA00) received in the Office death of the Honorable Antonin Scalia, Asso- accompanying papers, reports, and doc- of the President of the Senate on February ciate Justice of the Supreme Court of the uments, and were referred as indicated: 22, 2016; to the Committee on Banking, Hous- United States. EC–4455. A communication from the Direc- ing, and Urban Affairs. The message also announced that the tor of the Regulatory Management Division, EC–4465. A communication from the Execu- House has agreed to the following con- Environmental Protection Agency, transmit- tive Director, Federal Energy Regulatory current resolution, in which it requests ting, pursuant to law, the report of a rule en- Commission, transmitting, pursuant to law, the concurrence of the Senate: titled ‘‘Pyriproxyfen; Pesticide Tolerances’’ the report of a rule entitled ‘‘Annual Update H. Con. Res. 113. Concurrent resolution au- (FRL No. 9941–38–OCSPP) received during ad- of Filing Fees’’ ((RIN1902–AF17) (Docket No. thorizing the use of Emancipation Hall in journment of the Senate in the Office of the RM16–2–000)) received during adjournment of the Capitol Visitor Center for a ceremony to President of the Senate on February 19, 2016; the Senate in the Office of the President of present the Congressional Gold Medal collec- to the Committee on Agriculture, Nutrition, the Senate on February 18, 2016; to the Com- tively to the 65th Infantry Regiment, known and Forestry. mittee on Energy and Natural Resources. as the ‘‘Borinqueneers’’. EC–4456. A communication from the Direc- EC–4466. A communication from the Direc- tor of the Regulatory Management Division, tor of the Regulatory Management Division, ENROLLED BILLS SIGNED Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- At 12:56 p.m., a message from the ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule en- House of Representatives, delivered by titled ‘‘Triclopyr; Pesticide Tolerances’’ titled ‘‘Review of New Sources and Modifica- Mrs. Cole, one of its reading clerks, an- (FRL No. 9941–87–OCSPP) received during ad- tions in Indian Country: Extension of Per- nounced that the Speaker has signed journment of the Senate in the Office of the mitting and Registration Deadlines for True the following enrolled bills: President of the Senate on February 19, 2016; Minor Sources Engaged in Oil and Natural Gas Production in Indian Country’’ H.R. 487. An act to allow the Miami Tribe to the Committee on Agriculture, Nutrition, ((RIN2060–AS27) (FRL No. 9942–64–OAR)) re- of Oklahoma to lease or transfer certain and Forestry. ceived during adjournment of the Senate in lands. EC–4457. A communication from the Board the Office of the President of the Senate on H.R. 890. An act to revise the boundaries of Chair and Chief Executive Officer, Farm February 17, 2016; to the Committee on Envi- certain John H. Chafee Coastal Barrier Re- Credit Administration, transmitting the Ad- ronment and Public Works. sources System units in Florida. ministration’s proposed fiscal year 2017 budg- H.R. 3262. An act to provide for the convey- et; to the Committee on Agriculture, Nutri- EC–4467. A communication from the Direc- ance of land of the Illiana Health Care Sys- tion, and Forestry. tor of the Regulatory Management Division, tem of the Department of Veterans Affairs in EC–4458. A communication from the Acting Environmental Protection Agency, transmit- Danville, Illinois. Principal Deputy Under Secretary of Defense ting, pursuant to law, the report of a rule en- H.R. 4056. An act to direct the Secretary of for Personnel and Readiness, transmitting, titled ‘‘Approval and Promulgation of Air Veterans Affairs to convey to the Florida authorization of Lieutenant General John W. Quality Implementation Plans; District of Department of Veterans Affairs all right, Nicholson, Jr., United States Army, to wear Columbia; Regulation to Limit Nitrogen Ox- title, and interest of the United States to the the insignia of the grade of general in ac- ides Emissions from Large Non-Electric Gen- property known as ‘‘The Community Living cordance with title 10, United States Code, erating Units’’ (FRL No. 9942–59–Region 3) re- Center’’ at the Lake Baldwin Veterans Af- section 777; to the Committee on Armed ceived during adjournment of the Senate in fairs Outpatient Clinic, Orlando, Florida. Services. the Office of the President of the Senate on H.R. 4437. An act to extend the deadline for EC–4459. A communication from the Sec- February 17, 2016; to the Committee on Envi- the submittal of the final report required by retary of the Treasury, transmitting, pursu- ronment and Public Works. the Commission on Care. ant to law, a six-month periodic report on EC–4468. A communication from the Direc- the national emergency with respect to Iran tor of the Regulatory Management Division, f as declared in Executive Order 12957 of March Environmental Protection Agency, transmit- MEASURES REFERRED 15, 1995; to the Committee on Banking, Hous- ting, pursuant to law, the report of a rule en- ing, and Urban Affairs. titled ‘‘Approval and Promulgation of Air The following bills were read the first EC–4460. A communication from the Presi- Quality Implementation Plans; District of and the second times by unanimous dent of the United States, transmitting, pur- Columbia; Interstate Pollution Transport consent, and referred as indicated: suant to law, a report relative to the con- Requirements for the 2010 Nitrogen Dioxide H.R. 3584. An act to authorize, streamline, tinuation of the national emergency with re- Standards’’ (FRL No. 9942–58–Region 3) re- and identify efficiencies within the Trans- spect to Libya declared in Executive Order ceived during adjournment of the Senate in portation Security Administration, and for 13566; to the Committee on Banking, Hous- the Office of the President of the Senate on other purposes; to the Committee on Com- ing, and Urban Affairs. February 17, 2016; to the Committee on Envi- merce, Science, and Transportation. EC–4461. A communication from the Gen- ronment and Public Works. H.R. 4398. An act to amend the Homeland eral Counsel of the Federal Housing Finance EC–4469. A communication from the Direc- Security Act of 2002 to provide for require- Agency, transmitting, pursuant to law, the tor of the Regulatory Management Division,

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.007 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S992 CONGRESSIONAL RECORD — SENATE February 24, 2016 Environmental Protection Agency, transmit- for Consolea Corallicola (Florida Semaphore Treasury, transmitting, pursuant to law, the ting, pursuant to law, the report of a rule en- Cactus) and Harrisia aboriginum (Aboriginal report of a rule entitled ‘‘2015 Inflation Ad- titled ‘‘Air Plan Approval; Wisconsin; Revi- Prickly-apple)’’ (RIN1018–AZ92) received dur- justment Factor for the Indian Coal Produc- sion to the Milwaukee-Racine-Waukesha 2006 ing adjournment of the Senate in the Office tion Credit’’ (Notice 2016–11) received during 24-Hour Particulate Matter Maintenance of the President of the Senate on February adjournment of the Senate in the Office of Plan’’ (FRL No. 9942–56–Region 5) received 18, 2016; to the Committee on Environment the President of the Senate on February 18, during adjournment of the Senate in the Of- and Public Works. 2016; to the Committee on Finance. fice of the President of the Senate on Feb- EC–4477. A communication from the Direc- EC–4486. A communication from the Chief ruary 17, 2016; to the Committee on Environ- tor of Congressional Affairs, Nuclear Regu- of the Publications and Regulations Branch, ment and Public Works. latory Commission, transmitting, pursuant Internal Revenue Service, Department of the EC–4470. A communication from the Direc- to law, the report of a rule entitled ‘‘Clari- Treasury, transmitting, pursuant to law, the tor of the Regulatory Management Division, fication of Licensee Actions in Receipt of report of a rule entitled ‘‘Timing of Submit- Environmental Protection Agency, transmit- Enforcement Discretion Per Enforcement ting Preexisting Accounts and Periodic Cer- ting, pursuant to law, the report of a rule en- Guidance Memorandum EGM 15–002, ‘En- tifications’’ (Notice 2016–08) received during titled ‘‘Air Plan Approval; Indiana; Particu- forcement Discretion for Tornado-Generated adjournment of the Senate in the Office of late Matter Emissions Limits Revision’’ Missile Protection Noncompliance’ ’’ (DSS– the President of the Senate on February 18, (FRL No. 9942–54–Region 5) received during ISG–2016–01) received during adjournment of 2016; to the Committee on Finance. adjournment of the Senate in the Office of the Senate in the Office of the President of EC–4487. A communication from the Chief the President of the Senate on February 17, the Senate on February 19, 2016; to the Com- of the Publications and Regulations Branch, 2016; to the Committee on Environment and mittee on Environment and Public Works. Internal Revenue Service, Department of the Public Works. EC–4478. A communication from the Assist- Treasury, transmitting, pursuant to law, the EC–4471. A communication from the Direc- ant Secretary of the Army (Civil Works), report of a rule entitled ‘‘2016 Cost-of-Living tor of the Regulatory Management Division, transmitting, pursuant to law, a report rel- Adjustment for Certain Items Resulting Environmental Protection Agency, transmit- ative to the Bogue Banks project in Carteret from the Protecting Americans from Tax ting, pursuant to law, the report of a rule en- County, North Carolina; to the Committee Hikes Act of 2015’’ (Rev. Proc. 2016–14) re- titled ‘‘Clarification of Requirements for on Environment and Public Works. ceived during adjournment of the Senate in Method 303 Certification Training’’ EC–4479. A communication from the Assist- the Office of the President of the Senate on ((RIN2060–AR97) (FRL No. 9940–76–OAR)) re- ant Secretary of the Army (Civil Works), February 18, 2016; to the Committee on Fi- ceived during adjournment of the Senate in transmitting, pursuant to law, a report rel- nance. the Office of the President of the Senate on ative to a project for Flagler County, Flor- EC–4488. A communication from the Chief February 19, 2016; to the Committee on Envi- ida; to the Committee on Environment and of the Publications and Regulations Branch, ronment and Public Works. Public Works. Internal Revenue Service, Department of the EC–4472. A communication from the Direc- EC–4480. A communication from the Assist- Treasury, transmitting, pursuant to law, the tor of the Regulatory Management Division, ant Secretary of the Army (Civil Works), report of a rule entitled ‘‘Transition Relief Environmental Protection Agency, transmit- transmitting, pursuant to law, a report rel- for Certain Section 529 Qualified Tuition ting, pursuant to law, the report of a rule en- ative to a project for Edisto Beach, Colleton Programs Required to File Form 1099–Q’’ titled ‘‘Approval and Promulgation of Air County, South Carolina; to the Committee (Notice 2016–13) received during adjournment Quality Implementation Plans; State of Mis- on Environment and Public Works. of the Senate in the Office of the President souri; Emissions Inventory and Emissions EC–4481. A communication from the Chief of the Senate on February 18, 2016; to the Statement for the Missouri Portion of the of the Branch of Recovery and State Grants, Committee on Finance. St. Louis-MO–IL Ozone Nonattainment Fish and Wildlife Service, Department of the EC–4489. A communication from the Senior Area’’ (FRL No. 9942–76–Region 7) received Interior, transmitting, pursuant to law, the Counsel for Regulatory Affairs, Office of the during adjournment of the Senate in the Of- report of a rule entitled ‘‘Endangered and Assistant Secretary for Management, De- fice of the President of the Senate on Feb- Threatened Wildlife; Technical Corrections partment of the Treasury, transmitting, pur- ruary 19, 2016; to the Committee on Environ- for Eight Wildlife Species on the List of En- suant to law, the report of a rule entitled ment and Public Works. dangered and Threatened Wildlife’’ (RIN1018– ‘‘Department of the Treasury Employee EC–4473. A communication from the Direc- BB28) received during adjournment of the Rules of Conduct’’ (31 CFR Part 0) received tor of the Regulatory Management Division, Senate in the Office of the President of the in the Office of the President of the Senate Environmental Protection Agency, transmit- Senate on February 18, 2016; to the Com- on February 22, 2016; to the Committee on ting, pursuant to law, the report of a rule en- mittee on Environment and Public Works. Finance. titled ‘‘Air Plan Approval and Air Quality EC–4482. A communication from the Chief EC–4490. A communication from the Acting Designation; GA; Redesignation of the At- of the Branch of Recovery and State Grants, Assistant Secretary, Bureau of Political- lanta, GA, 1997 Annual PM2.5 Nonattainment Fish and Wildlife Service, Department of the Military Affairs, Department of State, trans- Area to Attainment’’ (FRL No. 9942–61–Re- Interior, transmitting, pursuant to law, the mitting, pursuant to law, an addendum to a gion 4) received during adjournment of the report of a rule entitled ‘‘Endangered and certification of the proposed sale or export of Senate in the Office of the President of the Threatened Wildlife and Plants; Reclassi- defense articles and/or defense services to a Senate on February 19, 2016; to the Com- fying Hesperocyparis abramsiana Middle East country (OSS–2016–0164); to the mittee on Environment and Public Works. (=Cupressus abramsiana) as Threatened’’ Committee on Foreign Relations. EC–4474. A communication from the Acting (RIN1018–AY77) received during adjournment EC–4491. A communication from the Acting Unified Listing Chief, Fish and Wildlife Serv- of the Senate in the Office of the President Assistant Secretary, Bureau of Political- ice, Department of the Interior, transmit- of the Senate on February 18, 2016; to the Military Affairs, Department of State, trans- ting, pursuant to law, the report of a rule en- Committee on Environment and Public mitting, pursuant to law, an addendum to a titled ‘‘Endangered and Threatened Wildlife Works. certification of the proposed sale or export of and Plants; 4(d) Rule for the Northern Long- EC–4483. A communication from the Senior defense articles and/or defense services to a Eared Bat’’ (RIN1018–AY98) received during Counsel for Regulatory Affairs, Office of Fis- Middle East country (OSS–2016–0112); to the adjournment of the Senate in the Office of cal Assistant Secretary, Department of the Committee on Foreign Relations. the President of the Senate on February 18, Treasury, transmitting, pursuant to law, the EC–4492. A communication from the Acting 2016; to the Committee on Environment and report of a rule entitled ‘‘Department of the Assistant Secretary, Bureau of Political- Public Works. Treasury Regulations for the Gulf Coast Res- Military Affairs, Department of State, trans- EC–4475. A communication from the Acting toration Trust Fund’’ ((RIN1505–AC44) (31 mitting, pursuant to law, an addendum to a Unified Listing Chief, Fish and Wildlife Serv- CFR Part 34)) received during adjournment certification of the proposed sale or export of ice, Department of the Interior, transmit- of the Senate in the Office of the President defense articles and/or defense services to a ting, pursuant to law, the report of a rule en- of the Senate on February 18, 2016; to the Middle East country (OSS–2016–0167); to the titled ‘‘Listing Endangered and Threatened Committee on Finance. Committee on Foreign Relations. Species and Designating Critical Habitat; EC–4484. A communication from the Chief EC–4493. A communication from the Acting Implementing Changes to the Regulations of the Publications and Regulations Branch, Assistant Secretary, Bureau of Political- for Designating Critical Habitat’’ (RIN1018– Internal Revenue Service, Department of the Military Affairs, Department of State, trans- AX86 and RIN0648–BB79) received during ad- Treasury, transmitting, pursuant to law, the mitting, pursuant to law, an addendum to a journment of the Senate in the Office of the report of a rule entitled ‘‘Maximum Vehicle certification of the proposed sale or export of President of the Senate on February 18, 2016; Values for 2016 for Use With Vehicle Cents- defense articles and/or defense services to a to the Committee on Environment and Pub- Per-Mile and Fleet-Average Valuation Middle East country (OSS–2016–0111); to the lic Works. Rules’’ (Notice 2016–12) received during ad- Committee on Foreign Relations. EC–4476. A communication from the Acting journment of the Senate in the Office of the EC–4494. A communication from the Assist- Unified Listing Chief, Fish and Wildlife Serv- President of the Senate on February 18, 2016; ant Secretary, Legislative Affairs, Depart- ice, Department of the Interior, transmit- to the Committee on Finance. ment of State, transmitting, pursuant to ting, pursuant to law, the report of a rule en- EC–4485. A communication from the Chief law, a report relative to section 36(c) of the titled ‘‘Endangered and Threatened Wildlife of the Publications and Regulations Branch, Arms Export Control Act (DDTC 15–123); to and Plants; Designation of Critical Habitat Internal Revenue Service, Department of the the Committee on Foreign Relations.

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.011 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S993 EC–4495. A communication from the Assist- ant to law, a report relative to grants made Programs, National Marine Fisheries Serv- ant Secretary, Legislative Affairs, Depart- under the Paul Coverdell National Forensic ice, Department of Commerce, transmitting, ment of State, transmitting, pursuant to Science Improvement Grants Program; to pursuant to law, the report of a rule entitled law, a report prepared by the Department of the Committee on the Judiciary. ‘‘Fisheries of the Caribbean, Gulf, and South State on progress toward a negotiated solu- EC–4506. A communication from the Dep- Atlantic; Aquaculture’’ (RIN0648–AS65) re- tion of the Cyprus question covering the pe- uty General Counsel, Office of Size Stand- ceived in the Office of the President of the riod August 1, 2015 through September 30, ards, Small Business Administration, trans- Senate on February 22, 2016; to the Com- 2015; to the Committee on Foreign Relations. mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- EC–4496. A communication from the Presi- entitled ‘‘Small Business Size Standards: In- tation. dent of the United States, transmitting, pur- flation Adjustments to Monetary Based Size EC–4514. A communication from the Dep- suant to law, the Economic Report of the Standards’’ (RIN3245–AG60) received during uty Assistant Administrator for Regulatory President together with the 2016 Annual Re- adjournment of the Senate in the Office of Programs, National Marine Fisheries Serv- port of the Council of Economic Advisers; to the President of the Senate on February 17, ice, Department of Commerce, transmitting, the Joint Economic Committee. 2016; to the Committee on Small Business pursuant to law, the report of a rule entitled EC–4497. A communication from the Direc- and Entrepreneurship. ‘‘Pacific Island Pelagic Fisheries; Exemption tor of Regulations and Policy Management EC–4507. A communication from the Dep- for Large U.S. Longline Vessels To Fish in Staff, Food and Drug Administration, De- uty General Counsel, Office of Size Stand- Portions of the American Samoa Large Ves- partment of Health and Human Services, ards, Small Business Administration, trans- sel Prohibited Area’’ (RIN0648–BF22) received transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule during adjournment of the Senate in the Of- a rule entitled ‘‘Removal of Review and Re- entitled ‘‘Small Business Size Standards: In- fice of the President of the Senate on Feb- classification Procedures for Biological dustries With Employee Based Size Stand- ruary 18, 2016; to the Committee on Com- Products Licensed Prior to July 1, 1972’’ ards Not Part of Manufacturing, Wholesale merce, Science, and Transportation. (Docket No. FDA–2015–N–2103) received dur- Trade, or Retail Trade’’ (RIN3245–AG51) re- EC–4515. A communication from the Dep- ing adjournment of the Senate in the Office ceived during adjournment of the Senate in uty Assistant Administrator for Regulatory of the President of the Senate on February the Office of the President of the Senate on Programs, National Marine Fisheries Serv- 16, 2016; to the Committee on Health, Edu- February 17, 2016; to the Committee on ice, Department of Commerce, transmitting, cation, Labor, and Pensions. Small Business and Entrepreneurship. pursuant to law, the report of a rule entitled EC–4498. A communication from the Assist- EC–4508. A communication from the Dep- ‘‘Fisheries of the Exclusive Economic Zone ant Secretary for Legislation, Department of uty General Counsel, Office of Size Stand- Off Alaska; Bering Sea and Aleutian Islands Health and Human Services, transmitting, ards, Small Business Administration, trans- Crab Rationalization Program’’ (RIN0648– pursuant to law, the Food and Drug Adminis- mitting, pursuant to law, the report of a rule BF68) received during adjournment of the tration’s (FDA) annual report on Drug entitled ‘‘Small Business Size Standards for Senate in the Office of the President of the Shortages for Calendar Year 2015; to the Manufacturing’’ (RIN3245–AG50) received Senate on February 18, 2016; to the Com- Committee on Health, Education, Labor, and during adjournment of the Senate in the Of- mittee on Commerce, Science, and Transpor- Pensions. fice of the President of the Senate on Feb- tation. EC–4499. A communication from the Assist- ruary 17, 2016; to the Committee on Small EC–4516. A communication from the Acting ant Secretary for Legislation, Department of Business and Entrepreneurship. Director, Office of Sustainable Fisheries, De- Health and Human Services, transmitting, EC–4509. A communication from the Dep- partment of Commerce, transmitting, pursu- pursuant to law, a report entitled ‘‘Fiscal uty General Counsel, Office of Size Stand- ant to law, the report of a rule entitled Year 2014 Report on the Preventive Medicine ards, Small Business Administration, trans- ‘‘Fisheries of the Northeastern United and Public Health Training Grant and Inte- mitting, pursuant to law, the report of a rule States; Northeast Multispecies Fishery; Trip grative Medicine Programs’’; to the Com- entitled ‘‘Small Business Size Standards: Limit Adjustment for the Common Pool mittee on Health, Education, Labor, and Employee Based Size Standards in Wholesale Fishery’’ (RIN0648–XE398) received in the Of- Pensions. Trade and Retail Trade’’ (RIN3245–AG49) re- fice of the President of the Senate on Feb- EC–4500. A communication from the Sec- ceived during adjournment of the Senate in retary of Labor, transmitting, pursuant to the Office of the President of the Senate on ruary 22, 2016; to the Committee on Com- law, a report entitled ‘‘Implementation of February 17, 2016; to the Committee on merce, Science, and Transportation. EC–4517. A communication from the Acting the Short-Time Compensation (STC) Pro- Small Business and Entrepreneurship. gram Provisions in the Middle Class Tax Re- EC–4510. A communication from the Dep- Director, Office of Sustainable Fisheries, De- lief and Job Creation Act of 2012’’; to the uty General Counsel, Office of Grants Man- partment of Commerce, transmitting, pursu- Committee on Health, Education, Labor, and agement, Small Business Administration, ant to law, the report of a rule entitled Pensions. transmitting, pursuant to law, the report of ‘‘Fisheries of the Caribbean, Gulf of Mexico, EC–4501. A communication from the Ad- a rule entitled ‘‘Federal Awarding Agency and South Atlantic; 2015 Commercial Ac- ministrator, Federal Emergency Manage- Regulatory Implementation of Office of Man- countability Measure and Closure for South ment Agency, Department of Homeland Se- agement and Budget’s Uniform Administra- Atlantic Greater Amberjack’’ (RIN0648– curity, transmitting, pursuant to law, a re- tive Requirements, Cost Principles, and XE397) received during adjournment of the port relative to the cost of response and re- Audit Requirements for Federal Awards’’ Senate in the Office of the President of the covery efforts for FEMA–3374–EM in the (RIN3245–AG62) received during adjournment Senate on February 19, 2016; to the Com- State of Missouri having exceeded the of the Senate in the Office of the President mittee on Commerce, Science, and Transpor- $5,000,000 limit for a single emergency dec- of the Senate on February 17, 2016; to the tation. laration; to the Committee on Homeland Se- Committee on Small Business and Entrepre- EC–4518. A communication from the Acting curity and Governmental Affairs. neurship. Director, Office of Sustainable Fisheries, De- EC–4502. A communication from the Sec- EC–4511. A communication from the Chair- partment of Commerce, transmitting, pursu- retary of the Board of Governors, U.S. Postal man, National Transportation Safety Board, ant to law, the report of a rule entitled Service, transmitting, pursuant to law, a re- transmitting, pursuant to law, the report of ‘‘Fisheries of the Exclusive Economic Zone port relative to the Postal Accountability a rule entitled ‘‘Notification and Reporting Off Alaska; Pollock in Statistical Area 610 in and Enhancement Act of 2006; to the Com- of Aircraft Accidents or Incidents and Over- the Gulf of Alaska’’ (RIN0648–XE420) received mittee on Homeland Security and Govern- due Aircraft, and Preservation of Aircraft during adjournment of the Senate in the Of- mental Affairs. Wreckage, Mail, Cargo, and Records’’ fice of the President of the Senate on Feb- EC–4503. A communication from the Dis- (RIN3147–AA11) received during adjournment ruary 18, 2016; to the Committee on Com- trict of Columbia Auditor, transmitting, pur- of the Senate in the Office of the President merce, Science, and Transportation. suant to law, a report entitled ‘‘The Dura- of the Senate on February 18, 2016; to the EC–4519. A communication from the Acting bility of Police Reform: The Metropolitan Committee on Commerce, Science, and Director, Office of Sustainable Fisheries, De- Police Department Use of Force: 2008–2015’’ ; Transportation. partment of Commerce, transmitting, pursu- to the Committee on Homeland Security and EC–4512. A communication from the Fed- ant to law, the report of a rule entitled Governmental Affairs. eral Register and Regulatory Liaison Officer, ‘‘Fisheries of the Exclusive Economic Zone EC–4504. A communication from the Assist- Office of Diversity and Equal Opportunity, Off Alaska; Directed Fishing With Trawl ant Attorney General, Office of Legislative National Aeronautics and Space Administra- Gear by Fisheries Act Catcher Processors in Affairs, Department of Justice, transmit- tion, transmitting, pursuant to law, the re- Bycatch Limitation Zone 1 of the Bering Sea ting, pursuant to law, the semi-annual re- port of a rule entitled ‘‘Discrimination on and Aleutian Islands Management Area’’ ports of the Attorney General relative to en- the Basis of Disability in Federally Assisted (RIN0648–XE429) received during adjourn- forcement actions taken by the Department and Federally Conducted Programs and Ac- ment of the Senate in the Office of the Presi- of Justice under the Lobbying Disclosure Act tivities’’ (RIN2700–AD85) received during ad- dent of the Senate on February 18, 2016; to for the periods beginning on January 1, 2012; journment of the Senate in the Office of the the Committee on Commerce, Science, and July 1, 2012; January 1, 2013; July 1, 2013; Jan- President of the Senate on February 16, 2016; Transportation. uary 1, 2014; July 1, 2014; and January 1, 2015; to the Committee on Commerce, Science, EC–4520. A communication from the Acting to the Committee on the Judiciary. and Transportation. Director, Office of Sustainable Fisheries, De- EC–4505. A communication from the Assist- EC–4513. A communication from the Dep- partment of Commerce, transmitting, pursu- ant Attorney General, transmitting, pursu- uty Assistant Administrator for Regulatory ant to law, the report of a rule entitled

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.013 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S994 CONGRESSIONAL RECORD — SENATE February 24, 2016 ‘‘Fisheries of the Exclusive Economic Zone and second times by unanimous con- Mr. BROWN, Mr. KIRK, Mr. REED, Mr. Off Alaska; Pacific Cod by Pot Catcher/Proc- sent, and referred as indicated: BURR, Mr. DURBIN, and Mrs. BOXER): essors in the Bering Sea and Aleutian Islands S. 2579. A bill to provide additional support By Mr. PORTMAN: Management Area’’ (RIN0648–XE418) received S. 2570. A bill to amend the Unfunded Man- to ensure safe drinking water; to the Com- during adjournment of the Senate in the Of- dates Reform Act of 1995 to provide for regu- mittee on Energy and Natural Resources. fice of the President of the Senate on Feb- latory impact analyses for certain rules and By Mr. PAUL: ruary 18, 2016; to the Committee on Com- consideration of the least burdensome regu- S.J. Res. 30. A joint resolution relating to merce, Science, and Transportation. latory alternative, and for other purposes; to the disapproval of the proposed foreign mili- EC–4521. A communication from the Direc- the Committee on Homeland Security and tary sale to the Government of Pakistan of tor, Office of Sustainable Fisheries, Depart- Governmental Affairs. F–16 Block 52 aircraft; to the Committee on ment of Commerce, transmitting, pursuant By Mr. PETERS (for himself, Mr. COT- Foreign Relations. to law, the report of a rule entitled ‘‘Fish- TON, and Mrs. ERNST): f eries of the Exclusive Economic Zone Off S. 2571. A bill to provide for the eligibility Alaska; Inseason Adjustment to the 2016 Ber- for airport development grants of airports SUBMISSION OF CONCURRENT AND ing Sea and Aleutian Islands Pollock, Atka that enter into certain leases with compo- SENATE RESOLUTIONS Mackerel, and Pacific Cod Total Allowable nents of the Armed Forces; to the Com- Catch Amounts’’ (RIN0648–XE367) received in mittee on Commerce, Science, and Transpor- The following concurrent resolutions the Office of the President of the Senate on tation. and Senate resolutions were read, and February 22, 2016; to the Committee on Com- By Mr. TESTER (for himself, Ms. STA- referred (or acted upon), as indicated: merce, Science, and Transportation. BENOW, Mr. REED, and Mr. PETERS): By Mrs. GILLIBRAND (for herself, Mr. EC–4522. A communication from the Direc- S. 2572. A bill to make demonstration COCHRAN, Mr. REID, Mr. BROWN, Mrs. tor, Office of Sustainable Fisheries, Depart- grants to eligible local educational agencies MCCASKILL, Mrs. MURRAY, Mr. CASEY, ment of Commerce, transmitting, pursuant or consortia of eligible local educational Mr. WYDEN, Mr. COONS, Mr. PORTMAN, to law, the report of a rule entitled ‘‘Magnu- agencies for the purpose of increasing the Mr. WICKER, Ms. KLOBUCHAR, Mr. son-Stevens Act Provisions; Fisheries Off numbers of school nurses in public elemen- WARNER, Mr. BOOKER, Mr. CARPER, West Coast States; Pacific Coast Groundfish tary schools and secondary schools; to the Mrs. SHAHEEN, Mr. SANDERS, Mr. Fishery; 2015–2016 Biennial Specifications Committee on Health, Education, Labor, and DURBIN, Mr. REED, Mrs. FEINSTEIN, and Management Measures; Inseason Adjust- Pensions. Mr. FRANKEN, Mr. MERKLEY, Mr. NEL- ments’’ (RIN0648–BF63) received in the Office By Mr. WHITEHOUSE (for himself, Mr. SON, Mr. KAINE, Ms. WARREN, Mrs. of the President of the Senate on February SCHUMER, and Mr. CASEY): BOXER, Mr. CARDIN, Mr. BENNET, Ms. 22, 2016; to the Committee on Commerce, S. 2573. A bill to amend the Internal Rev- STABENOW, Mr. MARKEY, Ms. AYOTTE, Science, and Transportation. enue Code of 1986 to provide a tax credit for Mr. PERDUE, Mr. BURR, Mr. MORAN, EC–4523. A communication from the Direc- taxpayers who remove lead-based hazards; to Ms. MURKOWSKI, Mr. PAUL, Mr. SCHU- tor, Office of Sustainable Fisheries, Depart- the Committee on Finance. MER, Mr. PETERS, Mr. SCOTT, Mr. ment of Commerce, transmitting, pursuant By Mr. GRASSLEY (for himself, Mrs. TILLIS, Mr. MURPHY, Mr. SESSIONS, to law, the report of a rule entitled ‘‘Fish- GILLIBRAND, Mr. FRANKEN, and Mr. Mr. ISAKSON, and Mr. LEAHY): eries of the Exclusive Economic Zone Off PETERS): S. Res. 372. A resolution celebrating Black Alaska; Inseason Adjustment to the 2016 Ber- S. 2574. A bill to amend title IV of the So- History Month; to the Committee on the Ju- ing Sea and Aleutian Islands Pollock, Atka cial Security Act to require States to adopt diciary. Mackerel, and Pacific Cod Total Allowable a centralized electronic system to help expe- By Ms. HIRONO (for herself, Mr. REID, Catch Amounts’’ (RIN0648–XE367) received dite the placement of children in foster care Mr. DURBIN, Mr. LEAHY, Ms. BALDWIN, during adjournment of the Senate in the Of- or guardianship, or for adoption, across Mr. BROWN, Mr. BLUMENTHAL, Ms. fice of the President of the Senate on Feb- State lines, and to provide grants to aid CANTWELL, Mrs. FEINSTEIN, Mr. ruary 19, 2016; to the Committee on Com- States in developing such a system, and for FRANKEN, Mrs. GILLIBRAND, Ms. KLO- merce, Science, and Transportation. other purposes; to the Committee on Fi- BUCHAR, Mrs. MURRAY, Mr. PETERS, f nance. By Mr. MURPHY: Mr. SCHATZ, Ms. MIKULSKI, Mr. MUR- REPORTS OF COMMITTEES S. 2575. A bill to amend the Internal Rev- PHY, Mr. MARKEY, and Mr. WYDEN): S. Res. 373. A resolution recognizing the The following reports of committees enue Code of 1986 to provide a tax credit for property owners who remove hazards relat- historical significance of Executive Order were submitted: ing to lead, asbestos, and radon; to the Com- 9066 and expressing the sense of the Senate By Mr. THUNE, from the Committee on mittee on Finance. that policies that discriminate against any Commerce, Science, and Transportation, By Ms. AYOTTE: individual based on the actual or perceived with an amendment in the nature of a sub- S. 2576. A bill to permit the Attorney Gen- race, ethnicity, national origin, or religion stitute: eral to authorize a temporary transfer of of that individual would be a repetition of S. 2276. A bill to amend title 49, United funds from Department of Justice accounts the mistakes of Executive Order 9066 and States Code, to provide enhanced safety in in the amount necessary to restore Depart- contrary to the values of the United States; pipeline transportation, and for other pur- ment of Justice Asset Forfeiture Program to the Committee on the Judiciary. poses (Rept. No. 114–209). equitable sharing payments to participating By Mr. MCCONNELL (for himself, Mr. By Mr. INHOFE, from the Committee on law enforcement agencies; to the Committee REID, Mr. GRASSLEY, Mr. LEAHY, Mr. Environment and Public Works, with an on the Judiciary. ALEXANDER, Ms. AYOTTE, Ms. BALD- amendment in the nature of a substitute: By Mr. CORNYN (for himself, Mr. WIN, Mr. BARRASSO, Mr. BENNET, Mr. S. 659. A bill to protect and enhance oppor- LEAHY, Ms. AYOTTE, and Mr. DURBIN): BLUMENTHAL, Mr. BLUNT, Mr. BOOK- tunities for recreational hunting, fishing, S. 2577. A bill to protect crime victims’ ER, Mr. BOOZMAN, Mrs. BOXER, Mr. and shooting, and for other purposes (Rept. rights, to eliminate the substantial backlog BROWN, Mr. BURR, Ms. CANTWELL, No. 114–210). of DNA and other forensic evidence samples Mrs. CAPITO, Mr. CARDIN, Mr. CAR- S. 1024. A bill to authorize the Great Lakes to improve and expand the forensic science PER, Mr. CASEY, Mr. CASSIDY, Mr. Restoration Initiative , and for other pur- testing capacity of Federal, State, and local COATS, Mr. COCHRAN, Ms. COLLINS, poses (Rept. No. 114–211). crime laboratories, to increase research and Mr. COONS, Mr. CORKER, Mr. CORNYN, By Mr. INHOFE, from the Committee on development of new testing technologies, to Mr. COTTON, Mr. CRAPO, Mr. CRUZ, Environment and Public Works, without develop new training programs regarding the Mr. DAINES, Mr. DONNELLY, Mr. DUR- amendment: collection and use of forensic evidence, to BIN, Mr. ENZI, Mrs. ERNST, Mrs. FEIN- S. 1674. A bill to amend and reauthorize provide post-conviction testing of DNA evi- STEIN, Mrs. FISCHER, Mr. FLAKE, Mr. certain provisions relating to Long Island dence to exonerate the innocent, to support FRANKEN, Mr. GARDNER, Mrs. GILLI- Sound restoration and stewardship (Rept. accreditation efforts of forensic science lab- BRAND, Mr. GRAHAM, Mr. HATCH, Mr. No. 114–212). HEINRICH, Ms. HEITKAMP, Mr. HELLER, S. 2143. A bill to provide for the authority oratories and medical examiner offices, to Ms. HIRONO, Mr. HOEVEN, Mr. INHOFE, for the successors and assigns of the Starr- address training and equipment needs, to im- Mr. ISAKSON, Mr. JOHNSON, Mr. Camargo Bridge Company to maintain and prove the performance of counsel in State KAINE, Mr. KING, Mr. KIRK, Ms. KLO- operate a toll bridge across the Rio Grande capital cases, and for other purposes; to the BUCHAR, Mr. LANKFORD, Mr. LEE, Mr. near Rio Grande City, Texas, and for other Committee on the Judiciary. MANCHIN, Mr. MARKEY, Mr. MCCAIN, purposes (Rept. No. 114–213). By Ms. WARREN (for herself and Mrs. CAPITO): Mrs. MCCASKILL, Mr. MENENDEZ, Mr. f S. 2578. A bill to amend the Controlled Sub- MERKLEY, Ms. MIKULSKI, Mr. MORAN, INTRODUCTION OF BILLS AND stances Act to permit certain partial fillings Ms. MURKOWSKI, Mr. MURPHY, Mrs. JOINT RESOLUTIONS of prescriptions; to the Committee on MURRAY, Mr. NELSON, Mr. PAUL, Mr. Health, Education, Labor, and Pensions. PERDUE, Mr. PETERS, Mr. PORTMAN, The following bills and joint resolu- By Ms. STABENOW (for herself, Mr. Mr. REED, Mr. RISCH, Mr. ROBERTS, tions were introduced, read the first INHOFE, Mr. PETERS, Mr. PORTMAN, Mr. ROUNDS, Mr. RUBIO, Mr. SANDERS,

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.015 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S995 Mr. SASSE, Mr. SCHATZ, Mr. SCHUMER, S. 1358, a bill to amend title 38, United S. 2426 Mr. SCOTT, Mr. SESSIONS, Mrs. SHA- States Code, to authorize the Secretary At the request of Mr. CARDIN, the HEEN, Mr. SHELBY, Ms. STABENOW, of Veterans Affairs to inter in national name of the Senator from Michigan Mr. SULLIVAN, Mr. TESTER, Mr. cemeteries individuals who supported (Mr. PETERS) was added as a cosponsor THUNE, Mr. TILLIS, Mr. TOOMEY, Mr. of S. 2426, a bill to direct the Secretary UDALL, Mr. VITTER, Mr. WARNER, Ms. the United States in Laos during the WARREN, Mr. WHITEHOUSE, Mr. Vietnam War era. of State to develop a strategy to obtain WICKER, and Mr. WYDEN): S. 1555 observer status for Taiwan in the S. Res. 374. A resolution relating to the At the request of Ms. HIRONO, the International Criminal Police Organi- death of Antonin Scalia, Associate Justice of name of the Senator from North Caro- zation, and for other purposes. the Supreme Court of the United States; or- lina (Mr. TILLIS) was added as a co- S. 2427 dered held at the desk. sponsor of S. 1555, a bill to award a At the request of Mr. SCHUMER, the f Congressional Gold Medal, collectively, name of the Senator from Vermont ADDITIONAL COSPONSORS to the Filipino veterans of World War (Mr. LEAHY) was added as a cosponsor S. 239 II, in recognition of the dedicated serv- of S. 2427, a bill to prohibit discrimina- tion against individuals with disabil- At the request of Mr. ENZI, the names ice of the veterans during World War of the Senator from Oregon (Mr. II. ities who need long-term services and supports, and for other purposes. MERKLEY) and the Senator from Kansas S. 1874 (Mr. ROBERTS) were added as cospon- At the request of Mr. HATCH, the S. 2455 sors of S. 239, a bill to amend title 49, name of the Senator from Nebraska At the request of Mr. VITTER, his United States Code, with respect to ap- (Mr. SASSE) was added as a cosponsor name was added as a cosponsor of S. portionments under the Airport Im- of S. 1874, a bill to provide protections 2455, a bill to expand school choice in provement Program, and for other pur- for workers with respect to their right the District of Columbia. poses. to select or refrain from selecting rep- S. 2474 S. 353 resentation by a labor organization. At the request of Mr. COTTON, the At the request of Mr. PAUL, the name S. 1890 name of the Senator from Arkansas of the Senator from Oregon (Mr. At the request of Mr. HATCH, the (Mr. BOOZMAN) was added as a cospon- MERKLEY) was added as a cosponsor of name of the Senator from Oklahoma sor of S. 2474, a bill to allow for addi- S. 353, a bill to amend title 18, United (Mr. INHOFE) was added as a cosponsor tional markings, including the words States Code, to prevent unjust and ir- of S. 1890, a bill to amend chapter 90 of ‘‘Israel’’ and ‘‘Product in Israel,’’ to be rational criminal punishments. title 18, United States Code, to provide used for country of origin marking re- S. 441 Federal jurisdiction for the theft of quirements for goods made in the geo- At the request of Mr. NELSON, the trade secrets, and for other purposes. graphical areas known as the West name of the Senator from Montana S. 1913 Bank and Gaza Strip. (Mr. DAINES) was added as a cosponsor At the request of Mr. TOOMEY, the S. 2512 of S. 441, a bill to amend the Federal names of the Senator from Iowa (Mr. At the request of Mr. FRANKEN, the Food, Drug, and Cosmetic Act to clar- GRASSLEY) and the Senator from Maine names of the Senator from Pennsyl- ify the Food and Drug Administra- (Ms. COLLINS) were added as cosponsors vania (Mr. CASEY) and the Senator tion’s jurisdiction over certain tobacco of S. 1913, a bill to amend title XVIII of from Ohio (Mr. PORTMAN) were added products, and to protect jobs and small the Social Security Act to establish as cosponsors of S. 2512, a bill to ex- businesses involved in the sale, manu- programs to prevent prescription drug pand the tropical disease product pri- facturing and distribution of tradi- abuse under the Medicare program, and ority review voucher program to en- tional and premium cigars. for other purposes. courage treatments for Zika virus. S. 524 S. 2041 S. 2531 At the request of Mr. WHITEHOUSE, At the request of Mr. CASEY, the At the request of Mr. KIRK, the the name of the Senator from Hawaii names of the Senator from West Vir- names of the Senator from Connecticut (Mr. SCHATZ) was added as a cosponsor ginia (Mrs. CAPITO) and the Senator (Mr. BLUMENTHAL), the Senator from of S. 524, a bill to authorize the Attor- from Indiana (Mr. DONNELLY) were Utah (Mr. HATCH) and the Senator from ney General to award grants to address added as cosponsors of S. 2041, a bill to Oregon (Mr. WYDEN) were added as co- the national epidemics of prescription promote the development of safe drugs sponsors of S. 2531, a bill to authorize opioid abuse and heroin use. for neonates. State and local governments to divest At the request of Mr. PORTMAN, the S. 2185 from entities that engage in com- name of the Senator from North Caro- At the request of Ms. HEITKAMP, the merce-related or investment-related lina (Mr. TILLIS) was added as a co- name of the Senator from Rhode Island boycott, divestment, or sanctions ac- sponsor of S. 524, supra. (Mr. REED) was added as a cosponsor of tivities targeting Israel, and for other S. 578 S. 2185, a bill to require the Secretary purposes. At the request of Mr. SCHUMER, the of the Treasury to mint coins in rec- S. 2540 name of the Senator from Hawaii (Ms. ognition of the fight against breast At the request of Mr. REID, the name HIRONO) was added as a cosponsor of S. cancer. of the Senator from Oregon (Mr. 578, a bill to amend title XVIII of the S. 2268 WYDEN) was added as a cosponsor of S. Social Security Act to ensure more At the request of Mr. CORNYN, the 2540, a bill to provide access to counsel timely access to home health services name of the Senator from Arkansas for unaccompanied children and other for Medicare beneficiaries under the (Mr. BOOZMAN) was added as a cospon- vulnerable populations. Medicare program. sor of S. 2268, a bill to award a Congres- S. 2558 S. 1131 sional Gold Medal to the United States At the request of Mr. NELSON, the At the request of Mr. FRANKEN, the Army Dust Off crews of the Vietnam name of the Senator from Minnesota name of the Senator from Mississippi War, collectively, in recognition of (Ms. KLOBUCHAR) was added as a co- (Mr. COCHRAN) was added as a cospon- their extraordinary heroism and life- sponsor of S. 2558, a bill to expand the sor of S. 1131, a bill to amend title saving actions in Vietnam. prohibition on misleading or inac- XVIII of the Social Security Act to re- S. 2276 curate caller identification informa- duce the incidence of diabetes among At the request of Mrs. FISCHER, the tion, and for other purposes. Medicare beneficiaries, and for other name of the Senator from California S. 2559 purposes. (Mrs. FEINSTEIN) was added as a co- At the request of Mr. BURR, the S. 1358 sponsor of S. 2276, a bill to amend title names of the Senator from Kansas (Mr. At the request of Ms. MURKOWSKI, the 49, United States Code, to provide en- ROBERTS), the Senator from Kansas name of the Senator from Rhode Island hanced safety in pipeline transpor- (Mr. MORAN), the Senator from North (Mr. REED) was added as a cosponsor of tation, and for other purposes. Carolina (Mr. TILLIS), the Senator from

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.018 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S996 CONGRESSIONAL RECORD — SENATE February 24, 2016 West Virginia (Mrs. CAPITO) and the S. 2577 SEC. 5. SEXUAL ASSAULT NURSE EXAMINERS. Senator from Missouri (Mr. BLUNT) Be it enacted by the Senate and House of Rep- Section 304 of the DNA Sexual Assault Jus- were added as cosponsors of S. 2559, a resentatives of the United States of America in tice Act of 2004 (42 U.S.C. 14136a) is amend- bill to prohibit the modification, ter- Congress assembled, ed— (1) by redesignating subsection (c) as sub- mination, abandonment, or transfer of SECTION 1. SHORT TITLE. section (d); and This Act may be cited as the ‘‘Justice for the lease by which the United States (2) by inserting after subsection (b) the fol- All Reauthorization Act of 2016’’. acquired the land and waters con- lowing: taining Naval Station, Guantanamo SEC. 2. CRIME VICTIMS’ RIGHTS. ‘‘(c) PREFERENCE.— Bay, Cuba. (a) RESTITUTION DURING SUPERVISED RE- ‘‘(1) IN GENERAL.—In reviewing applica- S. 2563 LEASE.—Section 3583(d) of title 18, United tions submitted in accordance with a pro- States Code, is amended in the first sentence At the request of Mr. MORAN, the gram authorized, in whole or in part, by this name of the Senator from Missouri by inserting ‘‘, that the defendant make res- section, the Attorney General shall give titution in accordance with sections 3663 and preference to any eligible entity that cer- (Mr. BLUNT) was added as a cosponsor 3663A, or any other statute authorizing a of S. 2563, a bill to affirm the impor- tifies that the entity will use the grant funds sentence of restitution,’’ after ‘‘supervision’’. to— tance of the land forces of the United (b) COLLECTION OF RESTITUTION FROM DE- ‘‘(A) operate or expand forensic nurse ex- States Armed Forces and to authorize FENDANT’S ESTATE.—Section 3613(b) of title aminer programs in a rural area or for an un- fiscal year 2016 end-strength minimum 18, United States Code, is amended by adding derserved population, as those terms are de- levels for the active and reserve com- at the end the following: ‘‘The liability to fined in section 4002 of the Violence Against ponents of such land forces, and for pay restitution shall terminate on the date Women Act of 1994 (42 U.S.C. 13925); other purposes. that is the later of 20 years from the entry of ‘‘(B) hire full-time forensic nurse exam- judgment or 20 years after the release from S.J. RES. 21 iners to conduct activities under subsection imprisonment of the person ordered to pay (a); or At the request of Ms. MURKOWSKI, her restitution. In the event of the death of the name was added as a cosponsor of S.J. ‘‘(C) sustain or establish a training pro- person ordered to pay restitution, the indi- gram for forensic nurse examiners. Res. 21, a joint resolution proposing an vidual’s estate will be held responsible for ‘‘(2) DIRECTIVE TO THE ATTORNEY GEN- amendment to the Constitution of the any unpaid balance of the restitution ERAL.—Not later than 120 days after the date United States authorizing the Congress amount, and the lien provided in subsection of enactment of the Justice for All Reau- to prohibit the physical desecration of (c) of this section shall continue until the es- thorization Act of 2016, the Attorney General the flag of the United States. tate receives a written release of that liabil- shall coordinate with the Secretary of S. CON. RES. 4 ity.’’. Health and Human Services to inform Fed- (c) VICTIM INTERPRETERS.—Rule 28 of the At the request of Mr. BARRASSO, the eral Qualified Health Centers, Community Federal Rules of Criminal Procedure is name of the Senator from Maine (Ms. Health Centers, hospitals, colleges and uni- amended in the first sentence by inserting versities, and other appropriate health-re- COLLINS) was added as a cosponsor of S. before the period at the end the following: ‘‘, lated entities about the role of forensic Con. Res. 4, a concurrent resolution including an interpreter for the victim’’. nurses and existing resources available with- supporting the Local Radio Freedom SEC. 3. AUTHORIZATION OF APPROPRIATIONS in the Department of Justice and the Depart- Act. FOR GRANTS FOR CRIME VICTIMS. ment of Health and Human Services to train S. RES. 346 (a) CRIME VICTIMS LEGAL ASSISTANCE or employ forensic nurses to address the At the request of Mr. FLAKE, his GRANTS.—Section 103(b) of the Justice for needs of communities dealing with sexual as- name was added as a cosponsor of S. All Act of 2004 (Public Law 108–405; 118 Stat. sault, domestic violence, and elder abuse. Res. 346, a resolution expressing oppo- 2264) is amended— The Attorney General shall collaborate on sition to the European Commission in- (1) in paragraph (1), by striking ‘‘2006, 2007, this effort with nongovernmental organiza- terpretive notice regarding labeling 2008, and 2009’’ and inserting ‘‘2017 through tions representing forensic nurses.’’. 2021’’; Israeli products and goods manufac- SEC. 6. PROTECTING THE VIOLENCE AGAINST (2) in paragraph (2), by striking ‘‘2006, 2007, WOMEN ACT. tured in the West Bank and other 2008, and 2009’’ and inserting ‘‘2017 through Section 8(e)(1)(A) of the Prison Rape Elimi- areas, as such actions undermine the 2021’’; nation Act of 2003 (42 U.S. 15607(e)(1)(A)) is Israeli-Palestinian peace process. (3) in paragraph (3), by striking ‘‘2006, 2007, amended— f 2008, and 2009’’ and inserting ‘‘2017 through (1) in clause (i), by striking ‘‘and’’ at the 2021’’; end; STATEMENTS ON INTRODUCED (4) in paragraph (4), by striking ‘‘2006, 2007, (2) in clause (ii), by striking the period and BILLS AND JOINT RESOLUTIONS 2008, and 2009’’ and inserting ‘‘2017 through inserting ‘‘; and’’; and 2021’’; and (3) by inserting at the end the following: (5) in paragraph (5), by striking ‘‘2006, 2007, By Mr. CORNYN (for himself, Mr. ‘‘(iii) the program is not administered by 2008, and 2009’’ and inserting ‘‘2017 through the Office on Violence Against Women of the LEAHY, Ms. AYOTTE, and Mr. 2021’’. Department of Justice.’’. DURBIN): (b) CRIME VICTIMS NOTIFICATION GRANTS.— SEC. 7. CLARIFICATION OF VIOLENCE AGAINST S. 2577. A bill to protect crime vic- Section 1404E(c) of the Victims of Crime Act WOMEN ACT HOUSING PROTEC- tims’ rights, to eliminate the substan- of 1984 (42 U.S.C. 10603e(c)) is amended by TIONS. tial backlog of DNA and other forensic striking ‘‘2006, 2007, 2008, and 2009’’ and in- Section 41411(b)(3)(B)(ii) of the Violence evidence samples to improve and ex- serting ‘‘2017 through 2021.’’. Against Women Act of 1994 (42 U.S.C. 14043e– pand the forensic science testing ca- SEC. 4. REDUCING THE RAPE KIT BACKLOG. 11(b)(3)(B)(ii)) is amended— pacity of Federal, State, and local Of the amounts made available to the At- (1) in the first sentence, by inserting ‘‘or crime laboratories, to increase re- torney General for a DNA Analysis and ca- resident’’ after ‘‘any remaining tenant’’; and search and development of new testing pacity enhancement program and for other (2) in the second sentence, by inserting ‘‘or local, State, and Federal forensic activities resident’’ after ‘‘tenant’’ each place it ap- technologies, to develop new training pears. programs regarding the collection and under the heading ‘‘STATE AND LOCAL LAW EN- FORCEMENT’’ under the heading ‘‘OFFICE OF SEC. 8. STRENGTHENING THE PRISON RAPE use of forensic evidence, to provide JUSTICE PROGRAMS’’ under the heading ‘‘DE- ELIMINATION ACT. post-conviction testing of DNA evi- PARTMENT OF JUSTICE’’ in a fiscal year— The Prison Rape Elimination Act of 2003 dence to exonerate the innocent, to (1) not less than 75 percent of such (42 U.S.C. 15601 et seq.) is amended— support accreditation efforts of foren- amounts shall be provided for grants for di- (1) in section 6(d)(2) (42 U.S.C. 15605(d)(2)), sic science laboratories and medical ex- rect testing activities described under para- by striking subparagraph (A) and inserting aminer offices, to address training and graphs (1), (2), and (3) of section 2(a) of the the following: equipment needs, to improve the per- DNA Analysis Backlog Elimination Act of ‘‘(A)(i) include the certification of the formance of counsel in State capital 2000 (42 U.S.C. 14135(a)); and chief executive that the State receiving such cases, and for other purposes; to the (2) not less than 5 percent of such amounts grant has adopted all national prison rape Committee on the Judiciary. shall be provided for grants for law enforce- standards that, as of the date on which the ment agencies to conduct audits of their application was submitted, have been pro- Mr. CORNYN. Mr. President, I ask backlogged rape kits, including through the mulgated under this Act; or unanimous consent that the text of the creation of a tracking system, under section ‘‘(ii) demonstrate to the Attorney General, bill be printed in the RECORD. 2(a)(7) of the DNA Analysis Backlog Elimi- in such manner as the Attorney General There being no objection, the text of nation Act of 2000 (42 U.S.C. 14135(a)(7)), and shall require, that the State receiving such the bill was ordered to be printed in to prioritize testing in those cases in which grant is actively working to adopt and the RECORD, as follows: the statute of limitation will soon expire. achieve full compliance with the national

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.021 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S997 prison rape standards described in clause plan for the expenditure of the funds during of the Justice for All Reauthorization Act of (i);’’; and the applicable grant period. 2016, the Attorney General shall request (2) in section 8(e) (42 U.S.C. 15607(e))— ‘‘(iii) ACCOUNTING OF FUNDS.—A chief exec- from each State, and make available on an (A) by striking paragraph (2) and inserting utive officer of a State who submits an as- appropriate Internet website, all final audit the following: surance under subparagraph (A)(ii)(I) shall, reports completed to date for prisons under ‘‘(2) ADOPTION OF NATIONAL STANDARDS.— in a manner consistent with the applicable the operational control of the executive ‘‘(A) IN GENERAL.—For each fiscal year, grant reporting requirements, submit to the branch of each State. The Attorney General any amount that a State would otherwise re- Attorney General a detailed accounting of shall update such website annually with re- ceive for prison purposes for that fiscal year how the funds described in subparagraph (A) ports received from States under subpara- under a grant program covered by this sub- were used. graphs (B)(i) and (C)(i). section shall be reduced by 5 percent, unless ‘‘(D) SUNSET OF ASSURANCE OPTION.— ‘‘(G) REPORT ON IMPLEMENTATION OF NA- the chief executive officer of the State sub- ‘‘(i) IN GENERAL.—On the date that is 3 TIONAL STANDARDS.—Not later than 2 years mits to the Attorney General proof of com- years after the date of enactment of the Jus- after the date of enactment of the Justice for pliance with this Act through— tice for All Reauthorization Act of 2016, sub- All Reauthorization Act of 2016, the Attor- ‘‘(i) a certification that the State has clause (II) of subparagraph (A)(ii) shall cease ney General shall issue a report to the Com- adopted, and is in full compliance with, the to have effect. mittee on the Judiciary of the Senate and national standards described in subsection ‘‘(ii) ADDITIONAL SUNSET.—On the date that the Committee on the Judiciary of the House (a); or is 6 years after the date of enactment of the of Representatives on the status of imple- ‘‘(ii) an assurance that the State intends to Justice for All Reauthorization Act of 2016, mentation of the national standards and the adopt and achieve full compliance with those clause (ii) of subparagraph (A) shall cease to steps the Department, in conjunction with national standards so as to ensure that a cer- have effect. the States and other key stakeholders, is tification under clause (i) may be submitted ‘‘(iii) EMERGENCY ASSURANCES.— taking to address any unresolved implemen- in future years, which includes— ‘‘(I) REQUEST.—Notwithstanding clause (ii), tation issues.’’; and ‘‘(I) a commitment that not less than 5 during the 2-year period beginning 6 years (B) by adding at the end the following: percent of such amount shall be used for this after the date of enactment of the Justice for ‘‘(8) BACKGROUND CHECKS FOR AUDITORS.— purpose; or All Reauthorization Act of 2016, a chief exec- An individual seeking certification by the ‘‘(II) a request that the Attorney General utive officer of a State who certifies that the Department of Justice to serve as an auditor hold 5 percent of such amount in abeyance State has audited not less than 90 percent of of prison compliance with the national pursuant to the requirements of subpara- prisons under the operational control of the standards described in subsection (a) shall, graph (E). executive branch of the State may request upon request, submit fingerprints in the ‘‘(B) RULES FOR CERTIFICATION.— that the Attorney General allow the chief manner determined by the Attorney General ‘‘(i) IN GENERAL.—A chief executive officer executive officer to submit an emergency as- for criminal history record checks of the ap- of a State who submits a certification under surance in accordance with subparagraph plicable State and Federal Bureau of Inves- this paragraph shall also provide the Attor- (A)(ii) as in effect on the day before the date tigation repositories.’’. ney General with— on which that subparagraph ceased to have ‘‘(I) a list of the prisons under the oper- effect under clause (ii) of this subparagraph. SEC. 9. ADDITIONAL REAUTHORIZATIONS. ational control of the executive branch of ‘‘(II) GRANT OF REQUEST.—The Attorney (a) DNA RESEARCH AND DEVELOPMENT.— the State; General shall grant a request submitted Section 305(c) of the Justice for All Act of ‘‘(II) a list of the prisons listed under sub- under subclause (I) within 60 days upon a 2004 (42 U.S.C. 14136b(c)) is amended by strik- clause (I) that were audited during the most showing of good cause. ing ‘‘$15,000,000 for each of fiscal years 2005 recently concluded audit year; ‘‘(E) DISPOSITION OF FUNDS HELD IN ABEY- through 2009’’ and inserting ‘‘$5,000,000 for ‘‘(III) all final audit reports for prisons ANCE.— each of fiscal years 2017 through 2021’’. listed under subclause (I) that were com- ‘‘(i) IN GENERAL.—If the chief executive of- (b) FBI DNA PROGRAMS.—Section 307(a) of pleted during the most recently concluded ficer of a State who has submitted an assur- the Justice for All Act of 2004 (Public Law audit year; and ance under subparagraph (A)(ii)(II) subse- 108–405; 118 Stat. 2275) is amended by striking ‘‘(IV) a proposed schedule for completing quently submits a certification under sub- ‘‘$42,100,000 for each of fiscal years 2005 an audit of all the prisons listed under sub- paragraph (A)(i) during the 3-year period be- through 2009’’ and inserting ‘‘$10,000,000 for clause (I) during the following 3 audit years. ginning on the date of enactment of the Jus- each of fiscal years 2017 through 2021’’. ‘‘(ii) AUDIT APPEAL EXCEPTION.—Beginning tice for All Reauthorization Act of 2016, the (c) DNA IDENTIFICATION OF MISSING PER- on the date that is 3 years after the date of Attorney General will release all funds held SONS.—Section 308(c) of the Justice for All enactment of the Justice for All Reauthor- in abeyance under subparagraph (A)(ii)(II) to Act of 2004 (42 U.S.C. 14136d(c)) is amended by ization Act of 2016, a chief executive officer be used by the State in accordance with the striking ‘‘fiscal years 2005 through 2009’’ and of a State may submit a certification that conditions of the grant program for which inserting ‘‘fiscal years 2017 through 2021’’. the State is in full compliance pursuant to the funds were provided. SEC. 10. PAUL COVERDELL FORENSIC SCIENCES subparagraph (A)(i) even if a prison under ‘‘(ii) RELEASE OF FUNDS.—If the chief exec- IMPROVEMENT GRANTS. the operational control of the executive utive officer of a State who has submitted an (a) GRANTS.—Part BB of title I of the Om- branch of the State has an audit appeal assurance under subparagraph (A)(ii)(II) is nibus Crime Control and Safe Streets Act of pending. unable to submit a certification during the 3- 1968 (42 U.S.C. 3797j) is amended— ‘‘(C) RULES FOR ASSURANCES.— year period beginning on the date of enact- (1) in section 2802(2) (42 U.S.C. 3797k(2)), by ‘‘(i) IN GENERAL.—A chief executive officer ment of the Justice for All Reauthorization inserting after ‘‘bodies’’ the following: ‘‘and of a State who submits an assurance under Act of 2016, but does assure the Attorney is accredited by an accrediting body that is subparagraph (A)(ii) shall also provide the General that 2⁄3 of prisons under the oper- a signatory to an internationally recognized Attorney General with— ational control of the executive branch of arrangement and that offers accreditation to ‘‘(I) a list of the prisons under the oper- the State have been audited at least once, forensic science conformity assessment bod- ational control of the executive branch of the Attorney General shall release all of the ies using an accreditation standard that is the State; funds of the State held in abeyance to be recognized by that internationally recog- ‘‘(II) a list of the prisons listed under sub- used in adopting and achieving full compli- nized arrangement, or attests, in a manner clause (I) that were audited during the most ance with the national standards, if the that is legally binding and enforceable, to recently concluded audit year; State agrees to comply with the applicable use a portion of the grant amount to prepare ‘‘(III) an explanation of any barriers the requirements in clauses (ii) and (iii) of sub- and apply for such accreditation not more State faces to completing required audits; paragraph (C). than 2 years after the date on which a grant ‘‘(IV) all final audit reports for prisons list- ‘‘(iii) REDISTRIBUTION OF FUNDS.—If the is awarded under section 2801’’; ed under subclause (I) that were completed chief executive officer of a State who has (2) in section 2803(a) (42 U.S.C. 3797l(a))— during the most recently concluded audit submitted an assurance under subparagraph (A) in paragraph (1)— year; (A)(ii)(II) is unable to submit a certification (i) by striking ‘‘Seventy-five percent’’ and ‘‘(V) a proposed schedule for completing an during the 3-year period beginning on the inserting ‘‘Eighty-five percent’’; and audit of all prisons under the operational date of enactment of the Justice for All Re- (ii) by striking ‘‘75 percent’’ and inserting control of the executive branch of the State authorization Act of 2016 and does not assure ‘‘85 percent’’; during the following 3 audit years; and the Attorney General that 2⁄3 of prisons (B) in paragraph (2), by striking ‘‘Twenty- ‘‘(VI) an explanation of the State’s current under the operational control of the execu- five percent’’ and inserting ‘‘Fifteen per- degree of implementation of the national tive branch of the State have been audited at cent’’; and standards. least once, the Attorney General shall redis- (C) in paragraph (3), by striking ‘‘0.6 per- ‘‘(ii) ADDITIONAL REQUIREMENT.—A chief ex- tribute the funds of the State held in abey- cent’’ and inserting ‘‘1 percent’’; ecutive officer of a State who submits an as- ance to other States to be used in accordance (3) in section 2804(a) (42 U.S.C. 3797m(a)) is surance under subparagraph (A)(ii)(I) shall, with the conditions of the grant program for amended— before receiving the applicable funds de- which the funds were provided. (A) in paragraph (2)— scribed in subparagraph (A)(ii)(I), also pro- ‘‘(F) PUBLICATION OF AUDIT RESULTS.—Not (i) by inserting ‘‘impression evidence,’’ vide the Attorney General with a proposed later than 1 year after the date of enactment after ‘‘latent prints,’’; and

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.027 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S998 CONGRESSIONAL RECORD — SENATE February 24, 2016 (ii) by inserting ‘‘digital evidence, fire evi- multaneously disclosed to the court, the ap- through 2009’’ and inserting ‘‘$10,000,000 for dence,’’ after ‘‘toxicology,’’; plicant, and the Government. each of fiscal years 2017 through 2021’’. (B) in paragraph (3), by inserting ‘‘and ‘‘(B) RESULTS EXCLUDE APPLICANT.— SEC. 14. ESTABLISHMENT OF BEST PRACTICES medicolegal death investigators’’ after ‘‘lab- ‘‘(i) IN GENERAL.—If a DNA profile is ob- FOR EVIDENCE RETENTION. oratory personnel’’; and tained through testing that excludes the ap- (a) IN GENERAL.—Subtitle A of title IV of (C) by inserting at the end the following: plicant as the source and the DNA complies the Justice for All Act of 2004 (Public Law ‘‘(4) To address emerging forensic science with the Federal Bureau of Investigation’s 108–405; 118 Stat. 2278) is amended by adding issues (such as statistics, contextual bias, requirements for the uploading of crime at the end the following: and uncertainty of measurement) and emerg- scene profiles to the National DNA Index ‘‘SEC. 414. ESTABLISHMENT OF BEST PRACTICES ing forensic science technology (such as high System (referred to in this subsection as FOR EVIDENCE RETENTION. throughput automation, statistical software, ‘NDIS’), the court shall order that the law ‘‘(a) IN GENERAL.—The Director of the Na- and new types of instrumentation). enforcement entity with direct or conveyed tional Institute of Justice, in consultation ‘‘(5) To educate and train forensic patholo- statutory jurisdiction that has access to the with Federal, State, and local law enforce- gists in the United States. NDIS submit the DNA profile obtained from ment agencies and government laboratories, ‘‘(6) To work with the States and units of probative biological material from crime shall— local government to direct funding to scene evidence to determine whether the ‘‘(1) establish best practices for evidence medicolegal death investigation systems to DNA profile matches a profile of a known in- retention to focus on the preservation of fo- facilitate accreditation of medical examiner dividual or a profile from an unsolved crime. rensic evidence; and and coroner offices and certification of ‘‘(ii) NDIS SEARCH.—The results of a search ‘‘(2) assist State, local, and tribal govern- medicolegal death investigators.’’; and under clause (i) shall be simultaneously dis- ments in adopting and implementing the (4) in section 2806(a) (42 U.S.C. 3797o(a))— closed to the court, the applicant, and the best practices established under paragraph (A) in paragraph (3), by striking ‘‘and’’ at Government.’’; and (1). the end; (B) in paragraph (2), by striking ‘‘the Na- ‘‘(b) DEADLINE.—Not later than 1 year after (B) by redesignating paragraph (4) as para- tional DNA Index System (referred to in this the date of enactment of this section, the Di- graph (5); and subsection as ‘NDIS’)’’ and inserting rector of the National Institute of Justice (C) by inserting after paragraph (3) the fol- ‘‘NDIS’’; and shall publish the best practices established lowing: (5) in subsection (g)(2)(B), by striking under subsection (a)(1). ‘‘(4) the progress of any unaccredited foren- ‘‘death’’. ‘‘(c) LIMITATION.—Nothing in this section sic science service provider receiving grant (b) PRESERVATION OF BIOLOGICAL EVI- shall be construed to require or obligate DENCE.—Section 3600A of title 18, United funds toward obtaining accreditation; and’’. compliance with the best practices estab- (b) AUTHORIZATION OF APPROPRIATIONS.— States Code, is amended— lished under subsection (a)(1).’’. Section 1001(a)(24) of title I of the Omnibus (1) in subsection (a), by striking ‘‘under a (b) TECHNICAL AND CONFORMING AMEND- Crime Control and Safe Streets Act of 1968 sentence of’’ and inserting ‘‘sentenced to’’; MENT.—The table of contents in section 1(b) (42 U.S.C. 3793(a)(24)) is amended— and of the Justice for All Act of 2004 (Public Law (1) in subparagraph (H), by striking ‘‘and’’ (2) in subsection (c)— 108–405; 118 Stat. 2260) is amended by insert- at the end; (A) by striking paragraphs (1) and (2); and ing after the item relating to section 413 the (2) in subparagraph (I), by striking the pe- (B) by redesignating paragraphs (3), (4), following: riod at the end and inserting ‘‘; and’’; and and (5) as paragraphs (1), (2), and (3), respec- (3) by adding at the end the following: tively. ‘‘Sec. 414. Establishment of best practices for evidence retention.’’. ‘‘(J) $25,000,000 for each of fiscal years 2017 SEC. 13. KIRK BLOODSWORTH POST-CONVICTION through 2021.’’. DNA TESTING PROGRAM. SEC. 15. EFFECTIVE ADMINISTRATION OF CRIMI- SEC. 11. IMPROVING THE QUALITY OF REP- (a) IN GENERAL.—Section 413 of the Justice NAL JUSTICE. RESENTATION IN STATE CAPITAL for All Act of 2004 (42 U.S.C. 14136 note) is (a) SHORT TITLE.—This section may be CASES. amended— cited as the ‘‘Effective Administration of Section 426 of the Justice for All Act of (1) in the matter preceding paragraph (1), Criminal Justice Act of 2015’’. 2004 (42 U.S.C. 14163e) is amended— by striking ‘‘fiscal years 2005 through 2009’’ (b) STRATEGIC PLANNING.—Section 502 of (1) in subsection (a), by striking and inserting ‘‘fiscal years 2017 through title I of the Omnibus Crime Control and ‘‘$75,000,000 for each of fiscal years 2005 2021’’; and Safe Streets Act of 1968 (42 U.S.C. 3752) is through 2009’’ and inserting ‘‘$30,000,000 for (2) by striking paragraph (2) and inserting amended— each of fiscal years 2017 through 2021’’; and the following: (1) by inserting ‘‘(A) IN GENERAL.—’’ before (2) in subsection (b), by inserting before ‘‘(2) for eligible entities that are a State or ‘‘To request a grant’’; and the period at the end the following: ‘‘, or unit of local government, provide a certifi- (2) by adding at the end the following: upon a showing of good cause, and at the dis- cation by the chief legal officer of the State ‘‘(6) A comprehensive Statewide plan de- cretion of the Attorney General, the State in which the eligible entity operates or the tailing how grants received under this sec- may determine a fair allocation of funds chief legal officer of the jurisdiction in tion will be used to improve the administra- across the uses described in sections 421 and which the funds will be used for the purposes tion of the criminal justice system, which 422’’. of the grants, that the State or jurisdic- shall— SEC. 12. POST-CONVICTION DNA TESTING. tion— ‘‘(A) be designed in consultation with local (a) IN GENERAL.—Section 3600 of title 18, ‘‘(A) provides DNA testing of specified evi- governments, and representatives of all seg- United States Code, is amended— dence under a State statute or a State or ments of the criminal justice system, includ- (1) by striking ‘‘under a sentence of’’ in local rule or regulation to persons sentenced ing judges, prosecutors, law enforcement per- each place it appears and inserting ‘‘sen- to imprisonment or death for a State felony sonnel, corrections personnel, and providers tenced to’’; offense, in a manner intended to ensure a of indigent defense services, victim services, (2) in subsection (a)— reasonable process for resolving claims of ac- juvenile justice delinquency prevention pro- (A) in paragraph (1)(B)(i), by striking tual innocence that ensures post-conviction grams, community corrections, and reentry ‘‘death’’; and DNA testing in at least those cases that services; (B) in paragraph (3)(A), by striking ‘‘and would be covered by section 3600(a) of title ‘‘(B) include a description of how the State the applicant did not—’’ and all that follows 18, United States Code, had they been Fed- will allocate funding within and among each through ‘‘knowingly fail to request’’ and in- eral cases and, if the results of the testing of the uses described in subparagraphs (A) serting ‘‘and the applicant did not knowingly exclude the applicant as the source of the through (G) of section 501(a)(1); fail to request’’; DNA, permits the applicant to apply for ‘‘(C) describe the process used by the State (3) in subsection (b)(1)— post-conviction relief, notwithstanding any for gathering evidence-based data and devel- (A) in subparagraph (A), by striking ‘‘and’’ provision of law that would otherwise bar oping and using evidence-based and evidence- at the end; the application as untimely; and gathering approaches in support of funding (B) in subparagraph (B), by striking the pe- ‘‘(B) preserves biological evidence, as de- decisions; riod at the end and inserting ‘‘; and’’; and fined in section 3600A of title 18, United ‘‘(D) describe the barriers at the State and (C) by adding at the end the following: States Code, under a State statute or a State local level for accessing data and imple- ‘‘(C) order the Government to— or local rule, regulation, or practice in a menting evidence-based approaches to pre- ‘‘(i) prepare an inventory of the evidence manner intended to ensure that reasonable venting and reducing crime and recidivism; related to the case; and measures are taken by the State or jurisdic- and ‘‘(ii) issue a copy of the inventory to the tion to preserve biological evidence secured ‘‘(E) be updated every 5 years, with annual court, the applicant, and the Government.’’; in relation to the investigation or prosecu- progress reports that— (4) in subsection (e)— tion of, at a minimum, murder, nonnegligent ‘‘(i) address changing circumstances in the (A) by amending paragraph (1) to read as manslaughter and sexual offenses.’’. State, if any; follows: (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(ii) describe how the State plans to adjust ‘‘(1) RESULTS.— Section 412(b) of the Justice for All Act of funding within and among each of the uses ‘‘(A) IN GENERAL.—The results of any DNA 2004 (42 U.S.C. 14136e(b)) is amended by strik- described in subparagraphs (A) through (G) testing ordered under this section shall be si- ing ‘‘$5,000,000 for each of fiscal years 2005 of section 501(a)(1);

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.027 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S999

‘‘(iii) provide an ongoing assessment of audit report finding in the final audit report (B) PENALTY.—If the Attorney General de- need; of the Inspector General of the Department termines that any recipient of a grant under ‘‘(iv) discuss the accomplishment of goals of Justice that the grantee has utilized grant this Act has violated subparagraph (A), the identified in any plan previously prepared funds for an unauthorized expenditure or Attorney General shall— under this paragraph; and otherwise unallowable cost that is not closed (i) require the grant recipient to repay the ‘‘(v) reflect how the plan influenced fund- or resolved within a 12-month period begin- grant in full; and ing decisions in the previous year. ning on the date when the final audit report (ii) prohibit the grant recipient from re- ‘‘(b) TECHNICAL ASSISTANCE.— is issued. ceiving another grant under this Act for not ‘‘(1) STRATEGIC PLANNING.—Not later than (6) NONPROFIT ORGANIZATION REQUIRE- less than 5 years. 90 days after the date of enactment of this MENTS.— SEC. 17. NEEDS ASSESSMENT OF FORENSIC LAB- subsection, the Attorney General shall begin (A) DEFINITION.—For purposes of this sec- ORATORIES. to provide technical assistance to States and tion and the grant programs described in (a) STUDY AND REPORT.—Not later than Oc- local governments requesting support to de- this Act, the term ‘‘nonprofit organization’’ tober 1, 2018, the Attorney General shall con- velop and implement the strategic plan re- means an organization that is described in duct a study and submit a report to the Com- quired under subsection (a)(6). section 501(c)(3) of the Internal Revenue Code mittee of the Judiciary of the Senate and the ‘‘(2) PROTECTION OF CONSTITUTIONAL Committee on the Judiciary of the House of of 1986 and is exempt from taxation under RIGHTS.—Not later than 90 days after the Representatives on the status and needs of section 501(a) of such Code. date of enactment of this subsection, the At- the forensic science community. (B) PROHIBITION.—The Attorney General torney General shall begin to provide tech- (b) REQUIREMENTS.—The report required shall not award a grant under any grant pro- nical assistance to States and local govern- under subsection (a) shall— ments, including any agent thereof with re- gram described in this Act to a nonprofit or- (1) examine the status of current workload, sponsibility for administration of justice, re- ganization that holds money in offshore ac- backlog, personnel, equipment, and equip- questing support to meet the obligations es- counts for the purpose of avoiding paying the ment needs of public crime laboratories and tablished by the Sixth Amendment to the tax described in section 511(a) of the Internal medical examiner and coroner offices; Constitution of the United States, which Revenue Code of 1986. (2) include an overview of academic foren- shall include— (C) DISCLOSURE.—Each nonprofit organiza- sic science resources and needs, from a broad ‘‘(A) public dissemination of practices, tion that is awarded a grant under a grant forensic science perspective, including non- structures, or models for the administration program described in this Act and uses the traditional crime laboratory disciplines such of justice consistent with the requirements procedures prescribed in regulations to cre- as forensic anthropology, forensic ento- of the Sixth Amendment; and ate a rebuttable presumption of reasonable- mology, and others as determined appro- ‘‘(B) assistance with adopting and imple- ness for the compensation of its officers, di- priate by the Attorney General; menting a system for the administration of rectors, trustees and key employees, shall (3) consider— justice consistent with the requirements of disclose to the Attorney General, in the ap- (A) the National Institute of Justice study, the Sixth Amendment. plication for the grant, the process for deter- Forensic Sciences: Review of Status and ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— mining such compensation, including the Needs, published in 1999; There is authorized to be appropriated independent persons involved in reviewing (B) the Bureau of Justice Statistics census $5,000,000 for each of fiscal years 2017 through and approving such compensation, the com- reports on Publicly Funded Forensic Crime 2021 to carry out this subsection.’’. parability data used, and contemporaneous Laboratories, published in 2002, 2005, 2009, (c) APPLICABILITY.—The requirement to substantiation of the deliberation and deci- and 2014; submit a strategic plan under section sion. Upon request, the Attorney General (C) the National Academy of Sciences re- 501(a)(6) of title I of the Omnibus Crime Con- shall make the information disclosed under port, Strengthening Forensic Science: A trol and Safe Streets Act of 1968, as added by this subsection available for public inspec- Path Forward, published in 2009; and subsection (b), shall apply to any application tion. (D) the Bureau of Justice Statistics survey submitted under such section 501 for a grant (7) ADMINISTRATIVE EXPENSES.—Unless oth- of forensic providers recommended by the for any fiscal year beginning after the date erwise explicitly provided in authorizing leg- National Commission of Forensic Science that is 1 year after the date of enactment of islation, not more than 7.5 percent of the and approved by the Attorney General on this Act. amounts authorized to be appropriated under September 8, 2014; SEC. 16. OVERSIGHT AND ACCOUNTABILITY. this Act may be used by the Attorney Gen- (4) provide Congress with a comprehensive All grants awarded by the Department of eral for salaries and administrative expenses view of the infrastructure, equipment, and Justice that are authorized under this Act of the Department of Justice. personnel needs of the broad forensic science shall be subject to the following: (8) CONFERENCE EXPENDITURES.— community; and (1) AUDIT REQUIREMENT.—Beginning in fis- (A) LIMITATION.—No amounts authorized to (5) be made available to the public. cal year 2016, and each fiscal year thereafter, be appropriated to the Department of Justice SEC. 18. SENSE OF CONGRESS. the Inspector General of the Department of under this Act may be used by the Attorney It is the Sense of Congress that— Justice shall conduct audits of recipients of General or by any individual or organization (1) the authority of the Director of the Of- grants under this Act to prevent waste, awarded discretionary funds through a coop- fice of Victims of Crime under section 1404 of fraud, and abuse of funds by grantees. The erative agreement under this Act, to host or the Victims of Crime Act of 1984 (42 U.S.C. Inspector General shall determine the appro- support any expenditure for conferences that 10603) includes funding ongoing projects that priate number of grantees to be audited each uses more than $20,000 in Department funds, provide services to victims of crime on a na- year. unless the Deputy Attorney General or the tionwide basis or Americans abroad who are (2) MANDATORY EXCLUSION.—A recipient of appropriate Assistant Attorney General, Di- victims of crimes committed outside of the grant funds under this Act that is found to rector, or principal deputy as the Deputy At- United States; and have an unresolved audit finding shall not be torney General may designate, provides prior (2) the proposed rule entitled ‘‘VOCA Vic- eligible to receive grant funds under this Act written authorization that the funds may be tim Assistance Program’’ published by the during the 2 fiscal years beginning after the expended to host a conference. Office of Victims of Crime of the Department 12-month period described in paragraph (5). (B) WRITTEN APPROVAL.—Written approval of Justice in the Federal Register on August (3) PRIORITY.—In awarding grants under under subparagraph (A) shall include a writ- 27, 2013 (78 Fed. Reg. 52877) is consistent with this Act, the Attorney General shall give pri- ten estimate of all costs associated with the section 1404 of the Victims of Crime Act of ority to eligible entities that, during the 3 conference, including the cost of all food and 1984 (42 U.S.C. 10603). fiscal years before submitting an application beverages, audio/visual equipment, honoraria Mr. LEAHY. Mr. President, today, I for a grant under this Act, did not have an for speakers, and any entertainment. am proud to introduce the Justice for unresolved audit finding showing a violation (C) REPORT.—The Deputy Attorney General in the terms or conditions of a Department shall submit an annual report to the Com- All Reauthorization Act of 2016 with of Justice grant program. mittee on the Judiciary of the Senate and Senator CORNYN. The Justice for All (4) REIMBURSEMENT.—If an entity is award- the Committee on the Judiciary of the House Act, originally enacted in 2004, was an ed grant funds under this Act during the 2- of Representatives on all conference expendi- unprecedented bipartisan piece of fiscal-year period in which the entity is tures approved by operation of this para- criminal justice legislation. It has im- barred from receiving grants under para- graph. proved many aspects of our criminal graph (2), the Attorney General shall— (9) PROHIBITION ON LOBBYING ACTIVITY.— justice system, and this reauthoriza- (A) deposit an amount equal to the grant (A) IN GENERAL.—Amounts authorized to be tion includes critical updates to ensure funds that were improperly awarded to the appropriated under this Act may not be uti- public confidence in the integrity of grantee into the General Fund of the Treas- lized by any grant recipient to— ury; and (i) lobby any representative of the Depart- the American justice system. (B) seek to recoup the costs of the repay- ment of Justice regarding the award of grant The bill builds on the work I began in ment to the fund from the grant recipient funding; or 2000, when I introduced the Innocence that was erroneously awarded grant funds. (ii) lobby any representative of a Federal, Protection Act. That measure was de- (5) DEFINED TERM.—In this section, the State, local, or tribal government regarding signed to ensure that defendants re- term ‘‘unresolved audit finding’’ means an the award of grant funding. ceive competent representation in

VerDate Sep 11 2014 05:22 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.027 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S1000 CONGRESSIONAL RECORD — SENATE February 24, 2016 criminal cases and have access to post- forensic laboratories. Prosecutors and have helped to pinpoint the needed im- conviction DNA testing in those cases police officers depend on the efficient provements that this law attempts to where the system got it wrong. The In- and accurate testing of evidence to solve and I appreciate their ongoing nocence Protection Act became a key solve cases. Putting more resources support in seeing it passed. component of the Justice for All Act, into forensic testing will also help re- Today, we rededicate ourselves to and is reauthorized in the bill we intro- duce rape kit backlogs and ensure that building a criminal justice system in duce today. survivors of this terrible crime are able which the innocent remain free, the We know our justice system is imper- to see their cases prosecuted and begin guilty are punished, and all sides have fect and that innocent people are some- to feel safe again. the resources they need to advance jus- times convicted, and even sentenced to This bill further addresses the needs tice. Americans deserve a criminal jus- death. There were 149 people exoner- of sexual assault survivors by directing tice system which keeps us safe, en- ated just last year, the highest number grants to forensic exam programs, sures fairness, and fulfills the promise on record. They spent an average of 15 prioritizing those that operate in rural of our constitution. This bill will bring years in prison before their names were areas or provide assistance to under- us closer to that goal. cleared. There have been 337 post-con- served populations. Timely access to viction DNA exonerations in the forensic exams is a critical first step in f United States since 1989. Twenty of ensuring perpetrators are held account- SUBMITTED RESOLUTIONS them were sentenced to death. able and taken off the streets. We must The first person exonerated from a also ensure that the evidence collected death row crime by DNA evidence was from these exams in the form of rape SENATE RESOLUTION 372—CELE- a man named Kirk Bloodsworth. Kirk kits are processed quickly. To help BRATING BLACK HISTORY was a young man just out of the Ma- with that effort, the bill also provides MONTH rines when he was arrested, convicted, support for law enforcement to create and sentenced to death for a heinous evidence tracking systems for rape Mrs. GILLIBRAND (for herself, Mr. crime that he did not commit. Now the kits, so their processing can be mon- COCHRAN, Mr. REID, Mr. BROWN, Mrs. Kirk Bloodsworth Post Conviction itored and accounted for. MCCASKILL, Mrs. MURRAY, Mr. CASEY, DNA Testing Grant Program is a cor- Finally, we must ensure that law en- Mr. WYDEN, Mr. COONS, Mr. PORTMAN, nerstone of the Justice for All Act. forcement and victim services pro- Mr. WICKER, Ms. KLOBUCHAR, Mr. WAR- This program provides grants to States grams have the resources they need to NER, Mr. BOOKER, Mr. CARPER, Mrs. for testing in cases like Kirk’s where move these cases through our justice SHAHEEN, Mr. SANDERS, Mr. DURBIN, someone has been convicted, but where system and assist these survivors. Mr. REED, Mrs. FEINSTEIN, Mr. significant DNA evidence was not test- This bill also strengthens some key FRANKEN, Mr. MERKLEY, Mr. NELSON, ed. provisions of the Prison Rape Elimi- Mr. KAINE, Ms. WARREN, Mrs. BOXER, This bill expands access to post-con- nation Act, a bill I strongly supported Mr. CARDIN, Mr. BENNET, Ms. STABE- viction DNA testing so that more inno- when it was enacted in 2003. Specifi- NOW, Mr. MARKEY, Ms. AYOTTE, Mr. cent people will have a chance at the cally, changes imposed by this bill will PERDUE, Mr. BURR, Mr. MORAN, Ms. redemption they deserve. For example, require that states comply with regula- MURKOWSKI, Mr. PAUL, Mr. SCHUMER, this reauthorization will permit indi- tions designed to prevent sexual as- Mr. PETERS, Mr. SCOTT, Mr. TILLIS, Mr. viduals to access DNA testing even if saults in our jails and prisons or lose MURPHY, Mr. SESSIONS, Mr. ISAKSON, they previously waived their right to Federal grant money. The Department and Mr. LEAHY) submitted the fol- testing as part of a guilty plea. This of Justice will work with the states to lowing resolution; which was referred change is critical because we know assist them, but ultimately states will to the Committee on the Judiciary: that people sometimes pled guilty or be penalized if they do not act. This S. RES. 372 confess to crimes they did not commit. bill imposes the true accountability re- Whereas in 1776, people envisioned the In fact, of the 337 people who have been quired to eradicate this awful crime. United States as a new nation dedicated to freed based on DNA evidence, 88 falsely This reauthorization also expands the proposition stated in the Declaration of confessed or pled guilty. That is almost rights for victims of all crime. It builds Independence that ‘‘all men are created 30 percent of DNA exonerations. Had it upon the success of the Crime Victims’ equal, that they are endowed by their Cre- ator with certain unalienable Rights, that not been for DNA testing, they would Rights Act by making it easier for among these are Life, Liberty and the pur- likely still be behind bars, or worse. crime victims to have an interpreter suit of Happiness . . .’’; The bill also takes steps to encourage present during court proceedings and Whereas Africans were first brought invol- prosecutors to search for additional to obtain court-ordered restitution. untarily to the shores of America as early as leads when the DNA evidence tested ex- I firmly believe that improving our the 17th century; cludes an individual. Under the legisla- criminal justice system is a priority Whereas African Americans suffered en- tion, the government must run that and a place we should not be afraid to slavement and subsequently faced the injus- DNA through the national database to invest additional resources. There are tices of lynch mobs, segregation, and denial see if it matches someone else in the parts of this legislation that I would of the basic and fundamental rights of citi- zenship; system who might be the actual perpe- like to see receive more funding, but Whereas in 2016, inequalities and injustices trator. Unfortunately, this is not al- this bill, like most legislation, is a in the society of the United States continue ways done. This commonsense measure compromise. As a result, this bill does to exist; will increase public safety by getting reduce the total authorized funding Whereas in the face of injustices, people of the true criminals off the street. under the Justice for All Act, but I be- good will and of all races in the United Even in cases that do not involve lieve it does so responsibly. I also be- States have distinguished themselves with a DNA, it is imperative that every crimi- lieve that many of the changes ad- commitment to the noble ideals on which nal defendant, including those who vanced by this legislation will help the United States was founded and have fought courageously for the rights and free- cannot afford a lawyer, receive effec- states, communities, and the federal dom of African Americans and others; tive representation. This bill requires government save money in the long Whereas African Americans, such as Lieu- the Department of Justice to assist term. tenant Colonel Allen Allensworth, Maya states in developing a proficient sys- The programs created by the Justice Angelou, Arthur Ashe Jr., James Baldwin, tem of indigent defense. I know as a for All Act have had an enormous im- James Beckwourth, Clara Brown, Blanche former prosecutor, that the system pact, and it is crucial that we reau- Bruce, Ralph Bunche, Shirley Chisholm, Holt only works as it should when each side thorize and improve them. It has been Collier, Frederick Douglass, W. E. B. Du is well represented by competent and 12 years since this law was updated, Bois, Ralph Ellison, Medgar Evers, Alex Haley, Dorothy Height, Lena Horne, Charles well-trained counsel. This helps pre- and we must work together to address Hamilton Houston, Mahalia Jackson, Steph- vent wrongful convictions in the first the challenges currently facing our Na- anie Tubbs Jones, B.B. King, Martin Luther place. tion’s justice system. King, Jr., Thurgood Marshall, Constance The Justice for All Reauthorization I thank the many law enforcement Baker Motley, Rosa Parks, Walter Payton, Act also increases resources for public and criminal justice organizations that Bill Pickett, Homer Plessy, Bass Reeves,

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.031 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S1001 Hiram Revels, Amelia Platts Boynton Robin- SENATE RESOLUTION 373—RECOG- Whereas on August 10, 1988, the Civil Lib- son, Jackie Robinson, Aaron Shirley, So- NIZING THE HISTORICAL SIG- erties Act of 1988 (Public Law 100–383; 102 journer Truth, Harriet Tubman, Booker T. NIFICANCE OF EXECUTIVE Stat. 903) was enacted— (1) to apologize for ‘‘fundamental viola- Washington, the Greensboro Four, and the ORDER 9066 AND EXPRESSING Tuskegee Airmen, along with many others, tions of the basic civil liberties and constitu- worked against racism to achieve success THE SENSE OF THE SENATE tional rights of these individuals of Japanese and to make significant contributions to the THAT POLICIES THAT DISCRIMI- ancestry’’; and economic, educational, political, artistic, NATE AGAINST ANY INDIVIDUAL (2) to establish the Civil Liberties Public athletic, literary, scientific, and techno- BASED ON THE ACTUAL OR PER- Education Fund, to ensure that ‘‘the events logical advancements of the United States; CEIVED RACE, ETHNICITY, NA- surrounding the exclusion, forced removal, Whereas the contributions of African and incarceration of civilians and permanent TIONAL ORIGIN, OR RELIGION OF resident aliens of Japanese ancestry will be Americans from all walks of life throughout THAT INDIVIDUAL WOULD BE A the history of the United States reflect the remembered, and so that the causes and cir- REPETITION OF THE MISTAKES cumstances of this and similar events may greatness of the United States; be illuminated and understood’’; Whereas many African Americans lived, OF EXECUTIVE ORDER 9066 AND Whereas the terrorist attacks carried out toiled, and died in obscurity, never achieving CONTRARY TO THE VALUES OF in the United States on September 11, 2001, the recognition they deserved, and yet paved THE UNITED STATES have led to heightened levels of suspicion the way for future generations to succeed; Ms. HIRONO (for herself, Mr. REID, and hate crimes, xenophobia, and bigotry di- Whereas African Americans continue to Mr. DURBIN, Mr. LEAHY, Ms. BALDWIN, rected toward the Arab, Middle Eastern, serve the United States at the highest levels Mr. BROWN, Mr. BLUMENTHAL, Ms. South Asian, Muslim, Sikh, and Hindu of business, government, and the military; CANTWELL, Mrs. FEINSTEIN, Mr. American communities, including— Whereas the birthdays of Abraham Lincoln (1) on August 5, 2012, an attack on the Sikh FRANKEN, Mrs. GILLIBRAND, Ms. KLO- and Frederick Douglass inspired the creation Temple of Wisconsin in Oak Creek, Wis- of Negro History Week, the precursor to BUCHAR, Mrs. MURRAY, Mr. PETERS, Mr. consin, which led to several injuries and the Black History Month; SCHATZ, Ms. MIKULSKI, Mr. MURPHY, death of 6 Sikh Americans; and Whereas Negro History Week represented Mr. MARKEY, and Mr. WYDEN) sub- (2) on February 10, 2015, the execution- the culmination of the efforts of Dr. Carter mitted the following resolution; which style shooting of 3 Muslim American stu- G. Woodson, the ‘‘Father of Black History’’, was referred to the Committee on the dents in Chapel Hill, North Carolina; to enhance knowledge of Black history Judiciary: Whereas the terrorist attacks carried out through the Journal of Negro History, pub- in Paris, France, on November 5, 2015, have lished by the Association for the Study of S. RES. 373 led to renewed calls from public officials and African American Life and History, which Whereas on December 7, 1941, the Imperial figures to register Muslim Americans and was founded by Dr. Carter G. Woodson and Japanese Navy launched a surprise attack bar millions from entering the United States Jesse E. Moorland; against the United States naval base at based solely on the religion of those individ- Whereas Black History Month, celebrated Pearl Harbor, Hawaii, which led to— uals, repeating the mistakes of 1942: Now, during the month of February, originated in (1) increased prejudice and suspicion to- therefore, be it 1926 when Dr. Carter G. Woodson set aside a ward Japanese Americans; and Resolved, That the Senate— special period in February to recognize the (2) calls from civilians and public officials (1) recognizes the historical significance of heritage and achievement of Black people of to remove Japanese Americans from the February 19, 1942, as the date on which Presi- the United States; west coast of the United States; dent Franklin Delano Roosevelt signed Exec- Whereas Dr. Carter G. Woodson stated: Whereas on February 19, 1942, President utive Order 9066 (7 Fed. Reg. 1407; relating to ‘‘We have a wonderful history behind us. . . . Franklin Delano Roosevelt signed Executive authorizing the Secretary of War to pre- If you are unable to demonstrate to the Order 9066 (7 Fed. Reg. 1407; relating to au- scribe military areas) (referred to in this re- world that you have this record, the world thorizing the Secretary of War to prescribe solving clause as ‘‘Executive Order 9066’’), will say to you, ‘You are not worthy to enjoy military areas) (referred to in this preamble which restricted the freedom of Japanese the blessings of democracy or anything as ‘‘Executive Order 9066’’), which led to— Americans; else.’ ’’; (1) the exclusion of 120,000 Japanese Ameri- (2) recognizes the historical significance of Whereas since the founding of the United cans and legal resident aliens from the west February 19, 1976, as the date on which Presi- States, the Nation has imperfectly pro- coast of the United States; and dent Gerald Ford issued Presidential Procla- gressed toward noble goals; and (2) the incarceration of United States citi- mation 4417 (41 Fed. Reg. 7741), which for- Whereas the history of the United States is zens and lawful permanent residents of Japa- mally terminated Executive Order 9066; the story of people regularly affirming high nese ancestry in incarceration camps during (3) supports the goals of the Japanese ideals, striving to reach those ideals but World War II; American community in recognizing a Na- often failing, and then struggling to come to Whereas President Gerald Ford formally tional Day of Remembrance to increase pub- terms with the disappointment of that fail- rescinded Executive Order 9066 in Presi- lic awareness about the unjust measures ure, before committing to trying again: Now, dential Proclamation 4417, dated February taken to restrict the freedom of Japanese therefore, be it 19, 1976 (41 Fed. Reg. 7741) (referred to in this Americans during World War II; preamble as ‘‘Presidential Proclamation (4) expresses the sense that the National Resolved, That the Senate— 4417’’); Day of Remembrance is an opportunity— (1) acknowledges that all people of the Whereas Presidential Proclamation 4417— (A) to reflect on the importance of uphold- United States are the recipients of the (1) states that Japanese Americans were ing justice and civil liberties for all people of wealth of history provided by Black culture; and are loyal people of the United States the United States; and (2) recognizes the importance of Black His- who have contributed to the well-being and (B) to oppose hate, xenophobia, and big- tory Month as an opportunity to reflect on security of the United States; otry; the complex history of the United States, (2) states that the issuance of Executive (5) recognizes the positive contributions while remaining hopeful and confident about Order 9066 was a grave mistake in United that people of the United States of every the path ahead; States history; and race, ethnicity, religion, and national origin (3) acknowledges the significance of Black (3) resolves that actions such as the ac- have made to the United States; History Month as an important opportunity tions authorized by Executive Order 9066 (6) steadfastly confirms the dedication of to commemorate the tremendous contribu- shall never happen again; the Senate to the rights and dignity of all tions of African Americans to the history of Whereas in 1980, Congress established the people of the United States; and the United States; Commission on Wartime Relocation and In- (7) expresses the sense that policies that (4) encourages the celebration of Black ternment of Civilians to investigate the cir- discriminate against any individual based on History Month to provide a continuing op- cumstances surrounding the issuance of Ex- the actual or perceived race, ethnicity, na- portunity for all people in the United States ecutive Order 9066; tional origin, or religion of that individual to learn from the past and understand the Whereas in 1983, the Commission on War- would be— experiences that have shaped the United time Relocation and Internment of Civilians (A) a repetition of the mistakes of Execu- States; and issued a report entitled ‘‘Personal Justice tive Order 9066; and (5) agrees that, while the United States Denied’’ in which the Commission on War- (B) contrary to the values of the United began as a divided country, the United time Relocation and Internment of Civilians States. States must— concluded that— Ms. HIRONO. Mr. President, 74 years (A) honor the contribution of all pioneers (1) the promulgation of Executive Order ago, President Roosevelt signed Execu- in the United States who have helped to en- 9066 was not justified by military necessity; tive Order 9066. That order led to the sure the legacy of the great United States; and and (2) the decision to issue Executive Order mass internment of nearly 120,000 Japa- (B) move forward with purpose, united tire- 9066 was shaped by ‘‘race prejudice, war nese Americans. Executive Order 9066 lessly as a nation ‘‘indivisible, with liberty hysteria, and a failure of political leader- is an example of what can happen when and justice for all.’’. ship’’; a government acts out of fear.

VerDate Sep 11 2014 05:36 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.026 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S1002 CONGRESSIONAL RECORD — SENATE February 24, 2016 Today I am submitting a resolution gerous missions in Europe. Today, the There was a time when I felt that the Con- that recognizes this dark chapter and 442nd and the 100th Battalion remain stitution failed me. But with the reversal in calls for the Senate and all Americans the most decorated units in the Army’s the courts and in public statements from the to uphold the lessons learned from the history. These units, as well as the government, I feel that our country has proven that the Constitution is worth up- issuance of Executive Order 9066. Military Intelligence Service, were holding. The U.S. Government admitted it In the wake of the bombing of Pearl awarded the Congressional Gold Medal made a mistake. A country that can do that Harbor in 1941, Americans of Japanese in 2011. is a strong country. I have more faith and al- ancestry living in the United States be- After the war ended, for all of the legiance to the Constitution than I ever had came a target of paranoia, suspicion, sacrifice Japanese Americans were before. and fear. Without any evidence of sub- forced to make, for all they had to give Today, I call upon all of my col- terfuge, the government classified Jap- up, each internee was then given $25 leagues to uphold Gordon’s faith in our anese Americans as ‘‘enemy aliens’’ and a train ticket to their prewar resi- Constitution. based purely on race and removed Jap- dences. Many of them never returned Undoubtedly, the U.S. Government anese families from the west coast in to their homes because there was noth- must keep people safe. However, as we the name of national security. These ing to return to. learned with the internment, a govern- were families like yours and mine— It was not until 34 years later, due to ment gripped by fear and hysteria can farmers, students, shop owners, Bud- the work of the Japanese American make terrible mistakes. Not one Amer- dhist priests, and teachers, parents and Citizens League and other individuals ican of Japanese ancestry who was in- grandparents working toward the and groups, that President Gerald Ford terned has ever been found guilty of American dream of giving their chil- issued Proclamation 1447, which for- sabotage or espionage. dren a better future. The majority were mally terminated the authority of Ex- Focusing on the most vulnerable of American citizens. These families were ecutive Order 9066. The Ford proclama- targets—usually a minority group— forced to abandon or sell for a pittance tion read, in part, ‘‘I call upon the does not make our Nation safe or more homes and businesses they had spent American people to affirm with me this secure. Actions like the internment be- decades building. Many destroyed fam- American Promise . . . to treasure lib- tray our values and undermine our ily treasures that could link them to erty and justice for each individual strength as a people. Japan. American, and resolve that this kind of We are often reminded to learn from Thousands of college students had action shall never again be repeated.’’ history. That presumes we are aware of their educations cut short when they While the internment is now recog- the relevant history. The story of in- were forced to leave school for the in- nized as one of the darkest periods in ternment remains one still unfamiliar ternment camps. our Nation’s history, we must not for- to many Americans—for instance, One University of Washington stu- get that Executive Order 9066 had wide- Mayor David Bowers of Roanoke, VA, dent who was forced to leave school, spread support at the time. The fight who used the internment as justifica- Gordon Hirabayashi, would go on to for formal recognition of these injus- tion to suspend assistance to Syrian challenge the legality of the intern- tices has been a long and challenging refugees. He later apologized. More re- ment all the way to the U.S. Supreme road that continues to this day. cently, George Takei’s play ‘‘Alle- I wish to recognize the efforts of Court. Gordon’s parents had emigrated giance,’’ which just ended its Broadway three Japanese Americans—Gordon from Japan and settled in Washington run, depicted the shock, humiliation, Hirabayashi, Minoru Yasui, and Fred State, where they were farmers. anger, and resolve of one family—the Upon the signing of Executive Order Korematsu—who were convicted and imprisoned while bravely challenging Kimuras—who were interned in Heart 9066 and subsequent orders, the the constitutionality of internment Mountain, WY. Their internment was Hirabayashi family and tens of thou- during the war. They were right, but it like that of thousands of other Japa- sands of other Japanese American fam- took decades of work to achieve justice nese Americans, and, like too many ilies were forced to pack up only what for these individuals who took their others, the internment didn’t end for they could carry for a long train ride cases all the way to the Supreme the Kimuras when World War II ended. to unknown destinations. Upon arriv- Court. Their family relations were irreparably ing at barren and isolated internment In the majority opinion of Korematsu damaged. camps, including Honouliuli Intern- v. U.S. in 1944, the Supreme Court Yet, despite efforts to educate a new ment Camp in Waipahu, Oahu, these found that the internment was justi- generation of Americans through ef- families passed through barbed-wire fied during a time of war—a ruling that forts like ‘‘Allegiance,’’ today we hear fences and armed guards. They settled further underscores what can only be echoes of the sentiments of 1942 di- in cramped, hastily constructed shan- characterized as the rampant fear and rected toward members of the South ties that let in the elements. There was racism at the time. Asian, Muslim, Sikh, Hindu, Arab, and little privacy. And until these intern- I had the privilege of meeting Fred Middle Eastern communities. There ment camps were built, many families Korematsu and his family several are reports of children from these com- were forced to live in horse stalls. The times before his passing in 2005. After munities beaten up in schools, families shame and humiliation were extreme. the war, he, Gordon, and Minoru con- being threatened in their homes, and Nearly 120,000 men, women, and chil- tinued to fight for others’ civil rights houses of worship vandalized and set on dren did the best they could under their whole lives. Fred’s work is car- fire. We hear calls from public figures harsh circumstances, persevering ried on by his daughter, Karen and officials to racially profile and through what at the time seemed un- Korematsu, through the Korematsu In- conduct surveillance on Muslim Ameri- bearable. stitute. These three individuals were cans, as well as to bar their entry into Despite this treatment at the hands years later awarded the Presidential our country. of their own government, the time Medal of Freedom, and in Minoru While the security of the American came when many joined the war effort. Yasui’s case, only last year. people is a top priority, divisive pro- From behind barbed wire, these young It was not until the 1980s—almost 40 posals to ban all Muslims, for example, Japanese American men fought for years after internment ended—that a from entering the United States do their country and in the process, in new generation of attorneys and schol- nothing to make us safer; rather, they doing so, proved their loyalty to the ars took up their fight. They uncovered take us back to a time when our poli- United States. evidence that the government hid in- cies were guided by fear, stereotypes, The Army agreed to form the seg- formation that proved that Japanese and mistrust. regated 442nd Regimental Combat Americans were not a threat to the Now is not the time to turn on one Team, the 100th Battalion, and the United States. Gordon, Minoru, and another. Now is the time to stand to- Military Intelligence Service. Thou- Fred appealed their earlier convictions, gether against the hate and fear that sands of men in Hawaii and across the and the Ninth Circuit Court vacated all divides our country. internment camps, including our late of their convictions in the 1980s. In affirming our commitment to lib- colleague Senator Daniel K. Inouye, Gordon said after the Ninth Circuit erty and justice for all, let us remem- volunteered to take on the most dan- overturned his earlier conviction: ber that the United States is a diverse

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.028 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S1003 country in which individuals of all Whereas Antonin Scalia graduated magna (3) commends Antonin Scalia for the 29- backgrounds have and continue to cum laude from Harvard Law School, where year tenure on the Supreme Court of the make positive contributions to the he was a notes editor for the Harvard Law United States. well-being and security of our Nation. Review; f It is important to speak out against Whereas Antonin Scalia married Maureen McCarthy, with whom he raised 9 children, AMENDMENTS SUBMITTED AND hateful rhetoric and divisive policy Ann, Eugene, John, Catherine, Mary Claire, PROPOSED proposals that prey on people’s fears Paul, Matthew, Christopher, and Margaret; SA 3312. Mr. UDALL submitted an amend- and instead promote our American val- Whereas Antonin Scalia was an accom- ment intended to be proposed to amendment ues that are rooted in compassion, re- plished attorney in Cleveland, Ohio, and a SA 2953 proposed by Ms. MURKOWSKI to the spect for others, justice, and equality. law professor at the University of Virginia bill S. 2012, to provide for the modernization I am joined today in the Gallery by and the University of Chicago; of the energy policy of the United States, advocates from the Asian American Whereas President Richard Nixon selected and for other purposes; which was ordered to and Pacific Islander and Muslim com- Antonin Scalia to be General Counsel for the lie on the table. munities. Mahalo to all of you for the Office of Telecommunications Policy; SA 3313. Ms. CANTWELL (for herself, Mr. Whereas Antonin Scalia served as chair- work you do every day to advance GRAHAM, and Mr. CARDIN) submitted an equality, liberty, and justice for all. man of the Administrative Conference of the amendment intended to be proposed to United States; These values are the strength of Amer- amendment SA 2953 proposed by Ms. MUR- Whereas President Richard Nixon selected KOWSKI to the bill S. 2012, supra; which was ica. Antonin Scalia to be Assistant Attorney Let’s stand together in solidarity, ordered to lie on the table. General for the Office of Legal Counsel of the SA 3314. Mr. KIRK (for himself, Mr. COONS, that in this new century, we will not Department of Justice, and President Gerald and Mr. DURBIN) submitted an amendment give in to old fears, old prejudices, and Ford resubmitted the nomination of Antonin intended to be proposed to amendment SA unjustified actions. Scalia to serve in that position; 2953 proposed by Ms. MURKOWSKI to the bill f Whereas President Ronald Reagan nomi- S. 2012, supra; which was ordered to lie on nated Antonin Scalia to be a judge of the the table. SENATE RESOLUTION 374—RELAT- United States Court of Appeals for the Dis- SA 3315. Ms. COLLINS (for herself, Mr. ING TO THE DEATH OF ANTONIN trict of Columbia Circuit; COONS, Mr. REED, and Mrs. SHAHEEN) sub- SCALIA, ASSOCIATE JUSTICE OF Whereas President Ronald Reagan nomi- mitted an amendment intended to be pro- THE SUPREME COURT OF THE nated Antonin Scalia to serve as an Asso- posed to amendment SA 2953 proposed by Ms. UNITED STATES ciate Justice of the Supreme Court of the MURKOWSKI to the bill S. 2012, supra; which United States; was ordered to lie on the table. Mr. MCCONNELL (for himself, Mr. Whereas Antonin Scalia had a profound SA 3316. Mrs. SHAHEEN submitted an REID, Mr. GRASSLEY, Mr. LEAHY, Mr. love for hunting and the arts, in particular amendment intended to be proposed to ALEXANDER, Ms. AYOTTE, Ms. BALDWIN, opera; amendment SA 2953 proposed by Ms. MUR- Mr. BARRASSO, Mr. BENNET, Mr. Whereas Antonin Scalia was a man of enor- KOWSKI to the bill S. 2012, supra; which was BLUMENTHAL, Mr. BLUNT, Mr. BOOKER, mous intellect, incisive analytical skill, and ordered to lie on the table. Mr. BOOZMAN, Mrs. BOXER, Mr. BROWN, tremendous wit, a combination reflected in SA 3317. Mr. HEINRICH (for himself, Mr. Mr. BURR, Ms. CANTWELL, Mrs. CAPITO, the clarity of his judicial opinions; UDALL, Mr. GARDNER, and Mr. BOOKER) sub- Whereas the record of Antonin Scalia illus- mitted an amendment intended to be pro- Mr. CARDIN, Mr. CARPER, Mr. CASEY, trates a belief in judicial restraint, judicial posed to amendment SA 2953 proposed by Ms. Mr. CASSIDY, Mr. COATS, Mr. COCHRAN, independence, and the rule of law; MURKOWSKI to the bill S. 2012, supra; which Ms. COLLINS, Mr. COONS, Mr. CORKER, Whereas Antonin Scalia moved public dis- was ordered to lie on the table. Mr. CORNYN, Mr. COTTON, Mr. CRAPO, cussion toward a greater appreciation of the SA 3318. Mr. HEINRICH (for himself and Mr. CRUZ, Mr. DAINES, Mr. DONNELLY, text and original meaning of the Constitu- Mr. UDALL) submitted an amendment in- Mr. DURBIN, Mr. ENZI, Mrs. ERNST, Mrs. tion as a basis for interpreting the terms of tended to be proposed to amendment SA 2953 FEINSTEIN, Mrs. FISCHER, Mr. FLAKE, the Constitution; proposed by Ms. MURKOWSKI to the bill S. Mr. FRANKEN, Mr. GARDNER, Mrs. Whereas Antonin Scalia enforced the sepa- 2012, supra; which was ordered to lie on the table. GILLIBRAND, Mr. GRAHAM, Mr. HATCH, ration of powers contained in the Constitu- tion as a bulwark for individual freedom; SA 3319. Mr. WYDEN submitted an amend- Mr. HEINRICH, Ms. HEITKAMP, Mr. HELL- Whereas Antonin Scalia raised the level of ment intended to be proposed to amendment ER IRONO OEVEN , Ms. H , Mr. H , Mr. the quality of oral argument and judicial de- SA 2953 proposed by Ms. MURKOWSKI to the INHOFE, Mr. ISAKSON, Mr. JOHNSON, Mr. cisionmaking; bill S. 2012, supra; which was ordered to lie KAINE, Mr. KING, Mr. KIRK, Ms. KLO- Whereas Antonin Scalia was highly re- on the table. BUCHAR, Mr. LANKFORD, Mr. LEE, Mr. garded by each of his colleagues, including SA 3320. Mr. WYDEN submitted an amend- MANCHIN, Mr. MARKEY, Mr. MCCAIN, colleagues with a judicial philosophy that ment intended to be proposed to amendment Mrs. MCCASKILL, Mr. MENENDEZ, Mr. differed from his own; SA 2953 proposed by Ms. MURKOWSKI to the bill S. 2012, supra; which was ordered to lie MERKLEY, Ms. MIKULSKI, Mr. MORAN, Whereas Antonin Scalia served with dis- on the table. Ms. MURKOWSKI, Mr. MURPHY, Mrs. tinction on the Supreme Court for more than 29 years; SA 3321. Mr. CARDIN submitted an amend- MURRAY, Mr. NELSON, Mr. PAUL, Mr. Whereas Antonin Scalia was 1 of the most ment intended to be proposed to amendment PERDUE, Mr. PETERS, Mr. PORTMAN, Mr. influential and memorable Justices of the SA 2953 proposed by Ms. MURKOWSKI to the REED, Mr. RISCH, Mr. ROBERTS, Mr. Supreme Court of the United States; bill S. 2012, supra; which was ordered to lie ROUNDS, Mr. RUBIO, Mr. SANDERS, Mr. Whereas Antonin Scalia was the embodi- on the table. SASSE, Mr. SCHATZ, Mr. SCHUMER, Mr. ment of each of the ideal qualities of a judge: SA 3322. Mr. BROWN (for himself and Mr. SCOTT, Mr. SESSIONS, Mrs. SHAHEEN, fairness, openmindedness, and above all com- ALEXANDER) submitted an amendment in- tended to be proposed to amendment SA 2953 Mr. SHELBY, Ms. STABENOW, Mr. SUL- mitment to intellectual rigor in application of the Constitution and the rule of law; proposed by Ms. MURKOWSKI to the bill S. LIVAN, Mr. TESTER, Mr. THUNE, Mr. 2012, supra; which was ordered to lie on the TILLIS, Mr. TOOMEY, Mr. UDALL, Mr. Whereas Antonin Scalia will be remem- bered as 1 of the great Justices of the Su- table. VITTER, Mr. WARNER, Ms. WARREN, Mr. preme Court of the United States; SA 3323. Ms. STABENOW (for herself, Mr. WHITEHOUSE, Mr. WICKER, and Mr. Whereas Antonin Scalia passed away on INHOFE, Mr. PETERS, Mr. PORTMAN, Mr. WYDEN) submitted the following reso- February 13, 2016; and BROWN, Mr. KIRK, Mr. REED, Mr. BURR, Mr. lution; which was ordered held at the Whereas the nation is deeply indebted to DURBIN, Mrs. BOXER, and Ms. MIKULSKI) sub- desk: Antonin Scalia, a truly distinguished indi- mitted an amendment intended to be pro- posed by her to the bill H.R. 4470, to amend S. RES. 374 vidual of the United States: Now, therefore, be it the Safe Drinking Water Act with respect to Whereas Antonin Scalia, the late Associate the requirements related to lead in drinking Justice of the Supreme Court of the United Resolved, That the Senate— water, and for other purposes; which was or- States, was born in Trenton, New Jersey, to (1) extends heartfelt sympathy to the fam- dered to lie on the table. Salvatore Eugene Scalia and Catherine ily and friends of Antonin Scalia; Panaro Scalia and raised in Queens, New (2) acknowledges the lifetime of service of f York; Antonin Scalia to the United States as a tal- TEXT OF AMENDMENTS Whereas Antonin Scalia enrolled in ented attorney, a learned law professor, a Georgetown University, where he graduated dedicated public servant, a brilliant jurist, SA 3312. Mr. UDALL submitted an valedictorian and summa cum laude and and 1 of the great Justices of the Supreme amendment intended to be proposed to earned a bachelor’s degree in history; Court of the United States; and amendment SA 2953 proposed by Ms.

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G24FE6.028 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S1004 CONGRESSIONAL RECORD — SENATE February 24, 2016 MURKOWSKI to the bill S. 2012, to pro- (1) although important progress has been (2) TERMS.—Each agreement entered into vide for the modernization of the en- made in cost reduction and deployment of pursuant to the pilot program referred to in ergy policy of the United States, and clean energy technologies, accelerating paragraph (1) shall provide to the contractor clean energy innovation will help meet crit- of the applicable National Laboratory, to the for other purposes; which was ordered ical competitiveness, energy security, and maximum extent determined to be appro- to lie on the table; as follows: environmental goals; priate by the Secretary, increased authority At the appropriate place, insert the fol- (2) accelerating the pace of clean energy to negotiate contract terms, such as intellec- lowing: innovation in the United States calls for— tual property rights, indemnification, pay- SEC. lll. CLEAN ENERGY VICTORY BONDS. (A) supporting existing research and devel- ment structures, performance guarantees, (a) IN GENERAL.—Not later than July 1, opment programs at the Department and the and multiparty collaborations. 2016, the Secretary of the Treasury, in co- world-class National Laboratories (as de- (3) ELIGIBILITY.— ordination with the Secretary of Energy and fined in section 2 of the Energy Policy Act of (A) IN GENERAL.—Notwithstanding any the Secretary of Defense, shall submit a re- 2005 (42 U.S.C. 15801)); and other provision of law (including regula- port to Congress that provides recommenda- (B) exploring and developing new pathways tions), any National Laboratory may enter tions for the establishment, issuance, and for innovators, investors, and decision-mak- into an agreement pursuant to the pilot pro- promotion of Clean Energy Victory Bonds by ers to leverage the resources of the Depart- gram referred to in paragraph (1). the Department of the Treasury (referred to ment for addressing the challenges and com- (B) AGREEMENTS WITH NON-FEDERAL ENTI- in this section as the ‘‘Clean Energy Victory parative strengths of geographic regions; TIES.—To carry out subparagraph (A) and Bonds Program’’). (3) the energy supply, demand, policies, subject to subparagraph (C), the Secretary (b) REQUIREMENTS.—For purposes of sub- markets, and resource options of the United shall permit the directors of the National section (a), the Clean Energy Victory Bonds States vary by geographic region; Laboratories to execute agreements with Program shall be designed to— (4) a regional approach to innovation can non-Federal entities, including non-Federal (1) ensure that any available proceeds from bridge the gaps between local talent, institu- entities already receiving Federal funding the issuance of Clean Energy Victory Bonds tions, and industries to identify opportuni- that will be used to support activities under are used to finance clean energy projects (as ties and convert United States investment agreements executed pursuant to subpara- defined in subsection (c)) at the Federal, into domestic companies; and graph (A). State, and local level, which may include— (5) Congress and the Secretary should ad- (C) RESTRICTION.—The requirements of (A) providing additional support to exist- vance efforts that promote international, do- chapter 18 of title 35, United States Code ing Federal financing programs available to mestic, and regional cooperation on the re- (commonly known as the ‘‘Bayh-Dole Act’’) States for energy efficiency upgrades and search and development of energy innova- shall apply if— clean energy deployment, and tions that— (i) the agreement is a funding agreement (B) providing funding for clean energy in- (A) provide clean, affordable, and reliable (as that term is defined in section 201 of that vestments by the Department of Defense and energy for everyone; title); and other Federal agencies, (B) promote economic growth; and (ii) at least 1 of the parties to the funding (2) provide for payment of interest to per- (C) are critical for energy security. agreement is eligible to receive rights under sons holding Clean Energy Victory Bonds that chapter. through such methods as are determined ap- SA 3314. Mr. KIRK (for himself, Mr. (4) SUBMISSION TO SECRETARY.—Each af- propriate by the Secretary of the Treasury, COONS, and Mr. DURBIN) submitted an fected director of a National Laboratory including amounts— amendment intended to be proposed to shall submit to the Secretary, with respect (A) recaptured from savings achieved amendment SA 2953 proposed by Ms. to each agreement entered into under this subsection— through reduced energy spending by entities MURKOWSKI to the bill S. 2012, to pro- (A) a summary of information relating to receiving any funding or financial assistance vide for the modernization of the en- the relevant project; described in paragraph (1), and ergy policy of the United States, and (B) the total estimated costs of the project; (B) collected as interest on loans financed for other purposes; which was ordered (C) estimated commencement and comple- or guaranteed under the Clean Energy Vic- to lie on the table; as follows: tion dates of the project; and tory Bonds Program, (D) other documentation determined to be (3) issue bonds in denominations of not less On page 359, strike line 7 and insert the fol- lowing: appropriate by the Secretary. than $25 or such amount as is determined ap- (5) CERTIFICATION.—The Secretary shall re- propriate by the Secretary of the Treasury SEC. 4204. AGREEMENTS FOR COMMERCIALIZING TECHNOLOGY PILOT PROGRAM. quire the contractor of the affected National to make them generally accessible to the (a) DEFINITION OF NATIONAL LABORATORY.— Laboratory to certify that each activity car- public, and In this section: ried out under a project for which an agree- (4) collect not more than $50,000,000,000 in (1) IN GENERAL.—The term ‘‘National Lab- ment is entered into under this subsection— revenue from the issuance of Clean Energy oratory’’ means a nonmilitary national lab- (A) is not in direct competition with the Victory Bonds for purposes of financing oratory owned by the Department. private sector; and clean energy projects described in paragraph (2) INCLUSIONS.—The term ‘‘National Lab- (B) does not present, or minimizes, any ap- (1). oratory’’ includes— parent conflict of interest, and avoids or (c) CLEAN ENERGY PROJECT.—The term (A) Ames Laboratory; neutralizes any actual conflict of interest, as ‘‘clean energy project’’ means a project (B) Argonne National Laboratory; a result of the agreement under this sub- which provides— (C) Brookhaven National Laboratory; section. (1) performance-based energy efficiency (D) Fermi National Accelerator Labora- (6) EXTENSION.—The pilot program referred improvements, or tory; to in paragraph (1) shall be extended for a (2) clean energy improvements, including— (E) Idaho National Laboratory; term of 3 years after the date of enactment (A) electricity generated from solar, wind, (F) Lawrence Berkeley National Labora- of this Act. geothermal, hydropower, and hydrokinetic tory; (7) REPORTS.— energy sources, (G) National Energy Technology Labora- (A) INITIAL REPORT.—Not later than 60 days (B) fuel cells using non-fossil fuel sources, tory; after the date described in paragraph (6), the (C) advanced batteries, (H) National Renewable Energy Labora- Secretary, in coordination with directors of (D) next generation biofuels from non-food tory; the National Laboratories, shall submit to feedstocks, and (I) Oak Ridge National Laboratory; the Committee on Energy and Natural Re- (E) electric vehicle infrastructure. (J) Pacific Northwest National Laboratory; sources of the Senate and the Committee on Science, Space, and Technology of the House SA 3313. Ms. CANTWELL (for herself, (K) Princeton Plasma Physics Laboratory; (L) Savannah River National Laboratory; of Representatives a report that— Mr. GRAHAM, and Mr. CARDIN) sub- (M) Stanford Linear Accelerator Center; (i) assesses the overall effectiveness of the mitted an amendment intended to be (N) Thomas Jefferson National Accelerator pilot program referred to in paragraph (1); proposed to amendment SA 2953 pro- Facility; and (ii) identifies opportunities to improve the posed by Ms. MURKOWSKI to the bill S. (O) any laboratory operated by the Na- effectiveness of the pilot program; 2012, to provide for the modernization tional Nuclear Security Administration, (iii) assesses the potential for program ac- of the energy policy of the United with respect to the civilian energy activities tivities to interfere with the responsibilities States, and for other purposes; which conducted at the laboratory. of the National Laboratories to the Depart- (b) AGREEMENTS FOR COMMERCIALIZING ment; and was ordered to lie on the table; as fol- TECHNOLOGY PILOT PROGRAM.— (iv) provides a recommendation regarding lows: (1) IN GENERAL.—The Secretary shall carry the future of the pilot program. At the end of subtitle C of title IV, add the out the Agreements for Commercializing (B) ANNUAL REPORTS.—Annually, the Sec- following: Technology pilot program of the Depart- retary, in coordination with the directors of SEC. 42ll. SENSE OF THE SENATE ON ACCEL- ment, as announced by the Secretary on De- the National Laboratories, shall submit to ERATING ENERGY INNOVATION. cember 8, 2011, in accordance with this sub- the Committee on Energy and Natural Re- It is the sense of the Senate that— section. sources of the Senate and the Committee on

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Science, Space, and Technology of the House (2) INCLUSION.—The review under this sub- SEC. 42ll. RESTORATION OF LABORATORY DI- of Representatives a report that accounts for section shall include a review of existing RECTED RESEARCH AND DEVELOP- all incidences of, and provides a justification rules and procedures relating to— MENT PROGRAM. for, non-Federal entities using funds derived (A) determining and assigning costs of The Secretary shall ensure that laboratory from a Federal contract or award to carry interconnection service and additional serv- operating contractors do not allocate costs out agreements entered into under this sub- ices; and of general and administrative overhead to section. (B) ensuring adequate cost recovery by an laboratory directed research and develop- (c) SAVINGS CLAUSE.—Nothing in this sec- electric utility for interconnection service ment. tion abrogates or otherwise affects the pri- and additional services. mary responsibilities of any National Lab- (c) MODEL GUIDANCE.— SA 3318. Mr. HEINRICH (for himself oratory to the Department. (1) IN GENERAL.—Not later than 18 months and Mr. UDALL) submitted an amend- SEC. 4205. MICROLAB TECHNOLOGY COMMER- after the date of enactment of this Act, the ment intended to be proposed to CIALIZATION. Secretary, in consultation with the Federal amendment SA 2953 proposed by Ms. Energy Regulatory Commission and other MURKOWSKI to the bill S. 2012, to pro- SA 3315. Ms. COLLINS (for herself, appropriate entities, shall issue model guid- vide for the modernization of the en- Mr. COONS, Mr. REED, and Mrs. SHA- ance for interconnection service and addi- ergy policy of the United States, and tional services for use by State regulatory HEEN) submitted an amendment in- for other purposes; which was ordered tended to be proposed to amendment authorities and nonregulated electric utili- ties to reduce the barriers identified under to lie on the table; as follows: SA 2953 proposed by Ms. MURKOWSKI to subsection (b)(1). At the end of subtitle C of title IV, add the the bill S. 2012, to provide for the mod- (2) CURRENT BEST PRACTICES.—The model following: ernization of the energy policy of the guidance issued under this subsection shall SEC. 42ll. RESTORATION OF LABORATORY DI- United States, and for other purposes; reflect, to the maximum extent practicable, RECTED RESEARCH AND DEVELOP- which was ordered to lie on the table; current best practices to encourage the de- MENT PROGRAM. as follows: ployment of combined heat and power sys- The Secretary shall ensure that the labora- tory operating contractors for Lawrence On page 67, lines 3 and 4, strike ‘‘not less tems and waste heat to power systems while Livermore National Laboratory, Los Alamos than’’. ensuring the safety and reliability of the interconnected units and the distribution National Laboratory, and Sandia National Laboratories do not allocate costs of general Mrs. SHAHEEN submitted and transmission networks to which the SA 3316. units connect, including— and administrative overhead to laboratory an amendment intended to be proposed (A) relevant current standards developed directed research and development. to amendment SA 2953 proposed by Ms. by the Institute of Electrical and Electronic MURKOWSKI to the bill S. 2012, to pro- Engineers; and SA 3319. Mr. WYDEN submitted an vide for the modernization of the en- (B) model codes and rules adopted by— amendment intended to be proposed to ergy policy of the United States, and (i) States; or amendment SA 2953 proposed by Ms. for other purposes; which was ordered (ii) associations of State regulatory agen- MURKOWSKI to the bill S. 2012, to pro- to lie on the table; as follows: cies. vide for the modernization of the en- (3) FACTORS FOR CONSIDERATION.—In estab- At the end of subtitle D of title II, add the lishing the model guidance under this sub- ergy policy of the United States, and following: section, the Secretary shall take into consid- for other purposes; which was ordered SEC. 23ll. MODEL GUIDANCE FOR COMBINED eration— to lie on the table; as follows: HEAT AND POWER SYSTEMS AND WASTE HEAT TO POWER SYSTEMS. (A) the appropriateness of using standards Strike section 3017 and insert the fol- or procedures for interconnection service (a) DEFINITIONS.—In this section: lowing: that vary based on unit size, fuel type, or (1) ADDITIONAL SERVICES.—The term ‘‘addi- SEC. 3017. WOODY BIO-POWER. tional services’’ means the provision of sup- other relevant characteristics; Section 803 of the Energy Independence plementary power, backup or standby power, (B) the appropriateness of establishing and Security Act of 2007 (42 U.S.C. 17282) is maintenance power, or interruptible power fast-track procedures for interconnection amended— to an electric consumer by an electric util- service; (1) in subsection (b)— ity. (C) the value of consistency with Federal (A) in paragraph (1), by striking ‘‘this sec- interconnection rules established by the Fed- (2) WASTE HEAT TO POWER SYSTEM.— tion’’ and inserting ‘‘paragraph (5)’’; eral Energy Regulatory Commission as of (A) IN GENERAL.—The term ‘‘waste heat to (B) in paragraph (2), by striking ‘‘this sec- power system’’ means a system that gen- the date of enactment of this Act; tion’’ and inserting ‘‘this subsection’’; and erates electricity through the recovery of (D) the best practices used to model outage (C) in paragraph (3)— waste energy. assumptions and contingencies to determine (i) in the matter preceding subparagraph fees or rates for additional services; (B) EXCLUSION.—The term ‘‘waste heat to (A), by inserting ‘‘or to receive any form of power system’’ does not include a system (E) the appropriate duration, magnitude, Federal assistance under subsection (c)’’ that generates electricity through the recov- or usage of demand charge ratchets; after ‘‘paragraph (1)’’; and ery of a heat resource from a process the pri- (F) potential alternative arrangements (ii) in subparagraph (A), by striking ‘‘a mary purpose of which is the generation of with respect to the procurement of addi- grant under this section’’ and inserting ‘‘a electricity using a fossil fuel. tional services, including— grant under this subsection or any form of (i) contracts tailored to individual electric (3) OTHER TERMS.— Federal assistance under subsection (c)’’; (A) PURPA.—The terms ‘‘electric con- consumers for additional services; (2) by redesignating subsection (c) as para- sumer’’, ‘‘electric utility’’, ‘‘interconnection (ii) procurement of additional services by graph (5), and indenting appropriately; service’’, ‘‘nonregulated electric utility’’, an electric utility from a competitive mar- (3) in paragraph (5) (as so redesignated), by and ‘‘State regulatory authority’’ have the ket; and striking ‘‘this section’’ and inserting ‘‘this meanings given those terms in the Public (iii) waivers of fees or rates for additional subsection’’; and Utility Regulatory Policies Act of 1978 (16 services for small electric consumers; and (4) by adding at the end the following: U.S.C. 2601 et seq.), within the meaning of (G) outcomes such as increased electric re- ‘‘(c) WOODY BIO-POWER.— title I of that Act (16 U.S.C. 2611 et seq.). liability, fuel diversification, enhanced ‘‘(1) DEFINITIONS.—In this subsection: (B) EPCA.—The terms ‘‘combined heat and power quality, and reduced electric losses ‘‘(A) WOODY BIOMASS.—The term ‘woody power system’’ and ‘‘waste energy’’ have the that may result from increased use of com- biomass’ means any material derived from meanings given those terms in section 371 of bined heat and power systems and waste trees and brush in forest ecosystems that is the Energy Policy and Conservation Act (42 heat to power systems. considered to be biomass (as defined in sec- U.S.C. 6341). tion 203(b) of the Energy Policy Act of 2005 (b) REVIEW.— SA 3317. Mr. HEINRICH (for himself, (42 U.S.C. 15852(b))). (1) IN GENERAL.—Not later than 180 days Mr. UDALL, Mr. GARDNER, and Mr. ‘‘(B) WOODY BIOMASS-DERIVED THERMAL EN- after the date of enactment of this Act, the BOOKER) submitted an amendment in- ERGY.—The term ‘woody biomass-derived Secretary, in consultation with the Federal tended to be proposed to amendment thermal energy’ means the use of woody bio- Energy Regulatory Commission and other SA 2953 proposed by Ms. MURKOWSKI to mass— appropriate entities, shall review existing the bill S. 2012, to provide for the mod- ‘‘(i) to generate heat; or rules and procedures relating to interconnec- ernization of the energy policy of the ‘‘(ii) for cooling purposes. tion service and additional services through- United States, and for other purposes; ‘‘(C) WOODY BIO-POWER.—The term ‘woody out the United States for electric generation bio-power’ means the use of woody biomass with nameplate capacity up to 20 megawatts which was ordered to lie on the table; to generate electricity. to identify barriers to the deployment of as follows: ‘‘(2) WOODY BIO-POWER AND WOODY BIOMASS- combined heat and power systems and waste At the end of subtitle C of title IV, add the DERIVED THERMAL ENERGY.—The Secretary heat to power systems. following: shall coordinate research and development

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.034 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S1006 CONGRESSIONAL RECORD — SENATE February 24, 2016 activities relating to woody bio-power and ‘‘(ii) 1 shall be comprised of representa- tion Agency, in consultation with other rel- woody biomass-derived thermal energy tives of projects that receive grants under evant Federal agencies, shall conduct an projects with other departments and agen- subparagraph (C)(ii); and evaluation of Federal policies as of the date cies of the Federal Government. ‘‘(iii) 1 shall be comprised of representa- of enactment of this subsection and make ‘‘(3) WOODY BIO-POWER AND WOODY BIOMASS- tives of projects that receive grants under recommendations on how Congress can bet- DERIVED THERMAL ENERGY GRANTS.— subparagraph (C)(iii). ter support the industrial, commercial, and ‘‘(A) ESTABLISHMENT.—Subject to the ‘‘(H) REPORTS.—Not later than 5 years residential wood energy sectors in the availability of appropriations, the Secretary after the date of enactment of this sub- United States. shall establish a program under which the section, the Secretary shall submit to Con- ‘‘(B) REPORT.—Not later than 18 months Secretary shall provide grants to support in- gress a report describing— after the date of enactment of this sub- novation, market development, and expan- ‘‘(i) each project for which a grant has been section, the Secretary shall submit to Con- sion for woody bio-power and woody bio- provided under this paragraph; gress a report on the evaluation conducted mass-derived thermal energy in the commer- ‘‘(ii) any findings as a result of those and recommendations made under subpara- cial, institutional, industrial, and residential projects; and graph (A). bioenergy sectors. ‘‘(iii) the state of market and technology ‘‘(C) FUNDING.—There is authorized to be development, including market barriers and appropriated to carry out this paragraph ‘‘(B) APPLICATIONS.—To be eligible to re- ceive a grant under this paragraph, the opportunities. $1,000,000. owner or operator of a relevant project shall ‘‘(I) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(9) REGIONAL TECHNICAL ASSISTANCE PRO- There is authorized to be appropriated to GRAM.— submit to the Secretary an application at carry out this subsection $35,000,000 for each ‘‘(A) IN GENERAL.—The Secretary shall es- such time, in such manner, and containing of fiscal years 2017 through 2026, to remain tablish a regional woody biomass energy pro- such information as the Secretary may re- available until expended. gram that provides technical assistance to quire. ‘‘(4) PROMOTING BIOENERGY IN FEDERAL FA- install woody bio-power or woody biomass- ‘‘(C) ALLOCATION.—Of the amounts appro- CILITIES.— derived thermal energy systems for heating, priated each fiscal year to carry out this ‘‘(A) IN GENERAL.—There is authorized to cooling, or electricity at new or existing fa- paragraph, the Secretary shall not provide be appropriated to the Secretary to fund cilities. more than— woody bio-power and woody biomass-derived ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(i) $15,000,000 for projects that develop in- thermal energy system installations for new There is authorized to be appropriated to novative techniques to preprocess woody bio- or existing Federal facilities $20,000,000, to carry out this paragraph $75,000,000 for the mass for use in woody bio-powered and remain available until expended. period of fiscal years 2017 through 2026. woody biomass-derived thermal energy and ‘‘(B) CONSULTATION REQUIRED.—The Sec- ‘‘(10) STRATEGIC ANALYSIS AND RESEARCH.— for lowering the costs of— retary and the Administrator of General ‘‘(A) IN GENERAL.—The Secretary, acting ‘‘(I) distributed preprocessing technologies, Services shall consult regularly to ensure op- jointly with the Administrator of the Envi- including technologies designed to promote timal success of the activities described in ronmental Protection Agency, shall estab- densification, torrefaction, and the broader subparagraph (A). lish a woody biomass thermal and woody bio- commoditization of bioenergy feedstocks; ‘‘(5) DOE CHP TECHNICAL ASSISTANCE PART- power research program— and NERSHIPS.—There is authorized to be appro- ‘‘(i) the costs of which shall be divided ‘‘(II) transportation; priated to the Secretary to carry out the equally between the Department and the En- ‘‘(ii) $15,000,000 for woody bio-power and Combined Heat and Power Technical Assist- vironmental Protection Agency; woody biomass-derived thermal development ance Partnerships of the Department ‘‘(ii) to carry out projects and activities to projects, including— $5,000,000 to increase the capacity and exper- advance research and analysis on the envi- ‘‘(I) district energy projects; tise of the Department to provide technical ronmental, social, and economic impacts of ‘‘(II) combined heat and power; and other assistance for combined heat and the United States woody bio-power and ‘‘(III) small-scale gasification; power systems that use wood as a fuel woody biomass-derived thermal energy in- ‘‘(IV) innovation in the transportation of source. dustries, including— woody biomass; and ‘‘(6) DOE RESEARCH ON SMALL GASIFIER SYS- ‘‘(I) full accounting of greenhouse gas ‘‘(V) projects addressing the challenges of TEMS.—There is authorized to be appro- emissions; retrofitting existing electricity generation priated to the Secretary $5,000,000 to assess ‘‘(II) net energy analysis; and facilities, including coal-fired facilities, to and develop market opportunities for small ‘‘(III) advanced modeling of future climate use biomass; and gasifiers, turbines, and other small-scale impacts coupled with land use changes on fu- ‘‘(iii) $5,000,000 for research and develop- thermal energy and combined heat and ture forest health and biomass production; ment of residential wood heaters towards power systems that use wood as a fuel ‘‘(iii) to provide recommendations for pol- meeting all targets established by the most source. icy and investment in those areas; and recent standards of performance established ‘‘(7) WOOD ENERGY WORKS PROGRAM.— ‘‘(iv) to identify and assess, through a joint by the Administrator of the Environmental ‘‘(A) IN GENERAL.—Of the amounts appro- effort between the Secretary and the re- Protection Agency under section 111 of the priated to carry out this paragraph, the Sec- gional combined heat and power groups of Clean Air Act (42 U.S.C. 7411). retary shall grant funding to a non-Federal the Department and the Environmental Pro- ‘‘(D) REGIONAL DISTRIBUTION.—In selecting organization to create and deliver an initia- tection Agency, the feasibility of thermally projects to receive grants under this para- tive for the purpose of providing free assist- led district wood energy opportunities in all graph, the Secretary shall ensure, to the ance from the design phase through the con- regions, including by conducting— maximum extent practicable, diverse geo- struction phase for wood energy projects and ‘‘(I) broad regional assessments; and graphical distribution among the projects. education, training, and resources related to ‘‘(II) feasibility studies and preliminary ‘‘(E) COST SHARE.—The Federal share of the the design of wood energy systems for a wide engineering assessments for individual facili- cost of a project carried out using a grant range of building types including mid-rise, ties. under this paragraph shall be 50 percent. multi-residential, commercial, institutional, ‘‘(B) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(F) DUTIES OF RECIPIENTS.—As a condition and industrial buildings. There are authorized to be appropriated to of receiving a grant under this paragraph, ‘‘(B) REPORTS.— the Secretary and the Administrator of the the owner or operator of a relevant project ‘‘(i) IN GENERAL.—A non-Federal organiza- Environmental Protection Agency— shall— tion described in subparagraph (A) shall re- ‘‘(i) $2,000,000 to carry out clauses (ii) and ‘‘(i) participate in the applicable working port quarterly to the Secretary on the (iii) of subparagraph (A); and group under subparagraph (G); progress and accomplishments of the initia- ‘‘(ii) $1,000,000 to carry out subparagraph ‘‘(ii) submit to the Secretary a report that tive. (A)(iv).’’. includes— ‘‘(ii) REPORT TO CONGRESS.—For each fiscal ‘‘(I) a description of the project and any year in which funding is appropriated to SA 3320. Mr. WYDEN submitted an relevant findings; and carry out this paragraph, the Secretary shall amendment intended to be proposed to ‘‘(II) such other information as the Sec- submit to Congress a report on the progress amendment SA 2953 proposed by Ms. retary determines to be necessary to com- and accomplishments of the funded initia- MURKOWSKI to the bill S. 2012, to pro- plete the report of the Secretary under sub- tives. vide for the modernization of the en- paragraph (H); and ‘‘(C) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(iii) carry out such other activities as the There is authorized to be appropriated to ergy policy of the United States, and Secretary determines to be necessary. carry out this paragraph— for other purposes; which was ordered ‘‘(G) WORKING GROUPS.—The Secretary ‘‘(i) $2,000,000 for fiscal year 2017; and to lie on the table; as follows: shall establish 3 working groups to share ‘‘(ii) $5,000,000 for each of fiscal years 2018 Strike section 3009 and insert the fol- best practices and collaborate in project im- through 2027. lowing: plementation, of which— ‘‘(8) COORDINATION OF EFFORTS TO CREATE SEC. 3009. LARGE-SCALE GEOTHERMAL ENERGY. ‘‘(i) 1 shall be comprised of representatives INTERAGENCY WOOD ENERGY POLICY REPORT.— Section 803 of the Energy Independence of projects that receive grants under sub- ‘‘(A) IN GENERAL.—The Secretary and the and Security Act of 2007 (42 U.S.C. 17282) is paragraph (C)(i); Administrator of the Environmental Protec- amended—

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.037 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S1007 (1) in subsection (b)— ‘‘(IV) improved methods for determination ‘‘(i) an analysis of progress made in each of (A) in paragraph (1), by striking ‘‘this sec- of ground thermal properties and ground the areas described in paragraph (3)(B); and tion’’ and inserting ‘‘paragraph (5)’’; temperatures; ‘‘(ii)(I) a description of any relevant rec- (B) in paragraph (2), by striking ‘‘this sec- ‘‘(iv) installing geothermal ground loops ommendations made during a review of the tion’’ and inserting ‘‘this subsection’’; and near the foundation walls of new construc- program; and (C) in paragraph (3)— tion to take advantage of existing struc- ‘‘(II) any plans to address the recommenda- (i) in the matter preceding subparagraph tures; tions under subclause (I).’’. (A), by inserting ‘‘or to receive a grant under ‘‘(v) using gray or black wastewater as a subsection (c)’’ after ‘‘paragraph (1)’’; and method of heat exchange; SA 3321. Mr. CARDIN submitted an (ii) in subparagraph (A), by striking ‘‘a ‘‘(vi) improving geothermal heat pump sys- amendment intended to be proposed to grant under this section’’ and inserting ‘‘a tem economics through integration of geo- amendment SA 2953 proposed by Ms. grant under this subsection or subsection thermal systems with other building sys- MURKOWSKI to the bill S. 2012, to pro- (c)’’; tems, including providing hot and cold water vide for the modernization of the en- (2) by redesignating subsection (c) as para- and rejecting or circulating industrial proc- ergy policy of the United States, and graph (5), and indenting appropriately; ess heat through refrigeration heat rejection for other purposes; which was ordered (3) in paragraph (5) (as so redesignated), by and waste heat recovery; striking ‘‘this section’’ and inserting ‘‘this ‘‘(vii) advanced geothermal systems using to lie on the table; as follows: subsection’’; and variable pumping rates to increase effi- At the end, add the following: (4) by adding at the end the following: ciency; TITLE VI—SPORTSMEN AND WILDLIFE ‘‘(viii) geothermal heat pump efficiency ‘‘(c) LARGE-SCALE GEOTHERMAL ENERGY.— SEC. 601. TARGET PRACTICE AND MARKSMAN- improvements; ‘‘(1) PURPOSES.—The purposes of this sub- SHIP. section are— ‘‘(ix) use of hot water found in mines and (a) PURPOSE.—The purpose of this section ‘‘(A) to improve the components, processes, mine shafts and other surface waters as the is to facilitate the construction and expan- and systems used for geothermal heat pumps heat exchange medium; sion of public target ranges, including ranges and the direct use of geothermal energy; and ‘‘(x) heating of districts, neighborhoods, on Federal land managed by the Forest Serv- communities, large commercial or public ‘‘(B) to increase the energy efficiency, ice and the Bureau of Land Management. buildings (including office, retail, edu- lower the cost, increase the use, and improve (b) DEFINITION OF PUBLIC TARGET RANGE.— cational, government, and institutional and demonstrate the applicability of geo- In this section, the term ‘‘public target buildings and multifamily residential build- thermal heat pumps to, and the direct use of range’’ means a specific location that— ings and campuses), and industrial and man- geothermal energy in, large buildings, com- (1) is identified by a governmental agency ufacturing facilities; mercial districts, residential communities, for recreational shooting; ‘‘(xi) geothermal system integration with (2) is open to the public; and large municipal, agricultural, or indus- solar thermal water heating or cool roofs (3) may be supervised; and trial projects. and solar-regenerated desiccants to balance (4) may accommodate archery or rifle, pis- ‘‘(2) DEFINITIONS.—In this subsection: loads and use building hot water to store tol, or shotgun shooting. ‘‘(A) DIRECT USE OF GEOTHERMAL ENERGY.— geothermal energy; (c) AMENDMENTS TO PITTMAN-ROBERTSON The term ‘direct use of geothermal energy’ ‘‘(xii) use of hot water coproduced from oil WILDLIFE RESTORATION ACT.— means systems that use water that is at a and gas recovery; (1) DEFINITIONS.—Section 2 of the Pittman- temperature between approximately 38 de- ‘‘(xiii) use of water sources at a tempera- Robertson Wildlife Restoration Act (16 grees Celsius and 149 degrees Celsius directly ture of less than 150 degrees Celsius for di- U.S.C. 669a) is amended— or through a heat exchanger to provide— rect use; (A) by redesignating paragraphs (2) ‘‘(i) heating to buildings; or ‘‘(xiv) system integration of direct use through (8) as paragraphs (3) through (9), re- ‘‘(ii) heat required for industrial processes, with geothermal electricity production; and spectively; and agriculture, aquaculture, and other facili- ‘‘(xv) coproduction of heat and power, in- (B) by inserting after paragraph (1) the fol- ties. cluding on-site use. lowing: ‘‘(B) GEOTHERMAL HEAT PUMP.—The term ‘‘(C) ENVIRONMENTAL IMPACTS.—In carrying ‘‘(2) the term ‘public target range’ means a ‘geothermal heat pump’ means a system that out the program, the Secretary shall identify specific location that— provides heating and cooling by exchanging and mitigate potential environmental im- ‘‘(A) is identified by a governmental agen- heat from shallow ground or surface water pacts in accordance with section 614(c). cy for recreational shooting; using— ‘‘(4) GRANTS.— ‘‘(B) is open to the public; ‘‘(i) a closed loop system, which transfers ‘‘(A) IN GENERAL.—The Secretary shall ‘‘(C) may be supervised; and heat by way of buried or immersed pipes that make grants available to State and local ‘‘(D) may accommodate archery or rifle, contain a mix of water and working fluid; or governments, institutions of higher edu- pistol, or shotgun shooting;’’. ‘‘(ii) an open loop system, which circulates cation, nonprofit entities, utilities, and for- (2) EXPENDITURES FOR MANAGEMENT OF ground or surface water directly into the profit companies (including manufacturers WILDLIFE AREAS AND RESOURCES.—Section building and returns the water to the same of heat-pump and direct-use components and 8(b) of the Pittman-Robertson Wildlife Res- aquifer or surface water source. systems) to promote the development of geo- toration Act (16 U.S.C. 669g(b)) is amended— ‘‘(C) LARGE-SCALE APPLICATION.—The term thermal heat pumps and the direct use of (A) by striking ‘‘(b) Each State’’ and in- ‘large-scale application’ means an applica- geothermal energy. serting the following: tion for space or process heating or cooling ‘‘(B) PRIORITY.—In making grants under ‘‘(b) EXPENDITURES FOR MANAGEMENT OF for large entities with a name-plate capac- this paragraph, the Secretary shall give pri- WILDLIFE AREAS AND RESOURCES.— ity, expected resource, or rating of 10 or ority to proposals that apply to large build- ‘‘(1) IN GENERAL.—Except as provided in more megawatts, such as a large building, ings (including office, retail, educational, paragraph (2), each State’’; commercial district, residential community, government, institutional, and multifamily (B) in paragraph (1) (as so designated), by or a large municipal, agricultural, or indus- residential buildings and campuses and in- striking ‘‘construction, operation,’’ and in- trial project. dustrial and manufacturing facilities), com- serting ‘‘operation’’; ‘‘(3) PROGRAM.— mercial districts, and residential commu- (C) in the second sentence, by striking ‘‘(A) IN GENERAL.—The Secretary shall es- nities. ‘‘The non-Federal share’’ and inserting the tablish a program of research, development, ‘‘(C) NATIONAL SOLICITATION.—Not later following: and demonstration for geothermal heat than 180 days after the date of enactment of ‘‘(3) NON-FEDERAL SHARE.—The non-Federal pumps and the direct use of geothermal en- this subsection, the Secretary shall conduct share’’; ergy. a national solicitation for applications for (D) in the third sentence, by striking ‘‘The ‘‘(B) AREAS.—The program may include re- grants under this paragraph. Secretary’’ and inserting the following: search, development, demonstration, and ‘‘(5) REPORTS.— ‘‘(4) REGULATIONS.—The Secretary’’; and commercial application of— ‘‘(A) IN GENERAL.—Not later than 2 years (E) by inserting after paragraph (1) (as des- ‘‘(i) geothermal ground loop efficiency im- after the date of enactment of this sub- ignated by subparagraph (A)) the following: provements through more efficient heat section and annually thereafter, the Sec- ‘‘(2) EXCEPTION.—Notwithstanding the lim- transfer fluids; retary shall submit to the Committee on En- itation described in paragraph (1), a State ‘‘(ii) geothermal ground loop efficiency im- ergy and Natural Resources of the Senate may pay up to 90 percent of the cost of ac- provements through more efficient thermal and the Committee on Science, Space, and quiring land for, expanding, or constructing grouts for wells and trenches; Technology of the House of Representatives a public target range.’’. ‘‘(iii) geothermal ground loop installation a report on progress made and results ob- (3) FIREARM AND BOW HUNTER EDUCATION cost reduction through— tained under this subsection to develop geo- AND SAFETY PROGRAM GRANTS.—Section 10 of ‘‘(I) improved drilling methods; thermal heat pumps and direct use of geo- the Pittman-Robertson Wildlife Restoration ‘‘(II) improvements in drilling equipment; thermal energy. Act (16 U.S.C. 669h–1) is amended— ‘‘(III) improvements in design methodology ‘‘(B) AREAS.—Each of the reports required (A) in subsection (a), by adding at the end and energy analysis procedures; and under this paragraph shall include— the following:

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‘‘(3) ALLOCATION OF ADDITIONAL AMOUNTS.— ‘‘(1) IN GENERAL.—The Secretary may SEC. 604. NATIONAL FISH AND WILDLIFE FOUN- Of the amount apportioned to a State for award a multiyear grant under this section DATION ESTABLISHMENT ACT. any fiscal year under section 4(b), the State to a person who is otherwise eligible for a (a) BOARD OF DIRECTORS OF THE FOUNDA- may elect to allocate not more than 10 per- grant under this section, to carry out a TION.— cent, to be combined with the amount appor- project that the person demonstrates is an (1) IN GENERAL.—Section 3 of the National tioned to the State under paragraph (1) for effective, long-term conservation strategy Fish and Wildlife Foundation Establishment that fiscal year, for acquiring land for, ex- for great apes and their habitats. Act (16 U.S.C. 3702) is amended— panding, or constructing a public target ‘‘(2) ANNUAL GRANTS NOT AFFECTED.—This (A) in subsection (b)— range.’’; subsection shall not be construed as pre- (i) by striking paragraph (2) and inserting (B) by striking subsection (b) and inserting cluding the Secretary from awarding grants the following: the following: on an annual basis.’’. ‘‘(2) IN GENERAL.—After consulting with ‘‘(b) COST SHARING.— (2) PANEL OF EXPERTS.—In section 4(i) (16 the Secretary of Commerce and considering the recommendations submitted by the ‘‘(1) IN GENERAL.—Except as provided in U.S.C. 6303(i))— paragraph (2), the Federal share of the cost (A) in paragraph (1), by— Board, the Secretary of the Interior shall ap- of any activity carried out using a grant (i) striking ‘‘Every 2 years’’ and inserting point 28 Directors who, to the maximum ex- under this section shall not exceed 75 percent ‘‘Within one year after the date of the enact- tent practicable, shall— of the total cost of the activity. ment of the Energy Policy Modernization ‘‘(A) be knowledgeable and experienced in matters relating to the conservation of fish, ‘‘(2) PUBLIC TARGET RANGE CONSTRUCTION OR Act of 2016, and every 5 years thereafter’’; wildlife, or other natural resources; and EXPANSION.—The Federal share of the cost of (ii) striking ‘‘may convene’’ and inserting ‘‘(B) represent a balance of expertise in acquiring land for, expanding, or con- ‘‘shall convene’’; ocean, coastal, freshwater, and terrestrial re- structing a public target range in a State on (iii) inserting ‘‘and priorities’’ after source conservation.’’; and Federal or non-Federal land pursuant to this ‘‘needs’’; and (ii) by striking paragraph (3) and inserting section or section 8(b) shall not exceed 90 (iv) adding at the end the following new the following: percent of the cost of the activity.’’; and sentence: ‘‘The panel shall, to the extent ‘‘(3) TERMS.—Each Director (other than a (C) in subsection (c)(1)— practicable, include representatives from Director described in paragraph (1)) shall be (i) by striking ‘‘Amounts made’’ and in- foreign range states with expertise in great appointed for a term of 6 years.’’; and serting the following: ape conservation.’’; and (B) in subsection (g)(2)— ‘‘(A) IN GENERAL.—Except as provided in (B) by redesignating paragraph (2) as para- (i) in subparagraph (A), by striking ‘‘(A) subparagraph (B), amounts made’’; and graph (4), and inserting after paragraph (1) Officers and employees may not be appointed (ii) by adding at the end the following: the following new paragraphs: ‘‘(2) In identifying conservation needs and until the Foundation has sufficient funds to ‘‘(B) EXCEPTION.—Amounts provided for ac- pay them for their service. Officers’’ and in- quiring land for, constructing, or expanding priorities under paragraph (1), the panel serting the following: a public target range shall remain available shall consider relevant great ape conserva- ‘‘(A) IN GENERAL.—Officers’’; and for expenditure and obligation during the 5- tion plans or strategies including scientific (ii) by striking subparagraph (B) and in- fiscal-year period beginning on October 1 of research and findings related to— serting the following: the first fiscal year for which the amounts ‘‘(A) the conservation needs and priorities of great apes; ‘‘(B) EXECUTIVE DIRECTOR.—The Founda- are made available.’’. ‘‘(B) regional or species-specific action tion shall have an Executive Director who (d) SENSE OF CONGRESS REGARDING CO- plans or strategies; shall be— OPERATION.—It is the sense of Congress that, ‘‘(C) applicable strategies developed or ini- ‘‘(i) appointed by, and serve at the direc- consistent with applicable laws (including tiated by the Secretary; and tion of, the Board as the chief executive offi- regulations), the Chief of the Forest Service ‘‘(D) any other applicable conservation cer of the Foundation; and and the Director of the Bureau of Land Man- plan or strategy. ‘‘(ii) knowledgeable and experienced in agement should cooperate with State and ‘‘(3) The Secretary, subject to the avail- matters relating to fish and wildlife con- local authorities and other entities to carry ability of appropriations, may pay expenses servation.’’. out waste removal and other activities on of convening and facilitating meetings of the (2) CONFORMING AMENDMENT.—Section any Federal land used as a public target panel.’’. 4(a)(1)(B) of the North American Wetlands range to encourage continued use of that (3) ADMINISTRATIVE EXPENSES LIMITATION.— Conservation Act (16 U.S.C. 4403(a)(1)(B)) is land for target practice or marksmanship In section 5(b)(2) (16 U.S.C. 6304(b)(2)), by amended by striking ‘‘Secretary of the training. striking ‘‘$100,000’’ and inserting ‘‘$150,000’’. Board’’ and inserting ‘‘Executive Director of SEC. 602. NORTH AMERICAN WETLANDS CON- (4) AUTHORIZATION OF APPROPRIATIONS.—In the Board’’. SERVATION ACT. section 6 (16 U.S.C. 6305), by striking ‘‘2006 (b) RIGHTS AND OBLIGATIONS OF THE FOUN- Section 7(c) of the North American Wet- through 2010’’ and inserting ‘‘2016 through DATION.—Section 4 of the National Fish and lands Conservation Act (16 U.S.C. 4406(c)) is 2020’’. Wildlife Foundation Establishment Act (16 amended— (e) AMENDMENT AND REAUTHORIZATION OF U.S.C. 3703) is amended— (1) in paragraph (4), by striking ‘‘and’’; MARINE TURTLE CONSERVATION ACT OF 2004.— (1) in subsection (c)— (2) in paragraph (5), by striking the period (1) IN GENERAL.—The Marine Turtle Con- (A) by striking ‘‘(c) POWERS.—To carry out at the end and inserting ‘‘; and’’; and servation Act of 2004 is amended— its purposes under’’ and inserting the fol- (3) by adding at the end the following: (A) in sections 2(b) and 3(2) (16 U.S.C. lowing: ‘‘(6) $50,000,000 for each of fiscal years 2016 6601(b), 6602(2)), by inserting ‘‘and territories ‘‘(c) POWERS.— through 2021.’’. of the United States’’ after ‘‘foreign coun- ‘‘(1) IN GENERAL.—To carry out the pur- SEC. 603. MULTINATIONAL SPECIES CONSERVA- tries’’ each place it occurs; poses described in’’; TION FUNDS REAUTHORIZATION. (B) in section 3 (16 U.S.C. 6602) by adding at (B) by redesignating paragraphs (1) (a) REAUTHORIZATION OF AFRICAN ELEPHANT the end the following: through (11) as subparagraphs (A) through CONSERVATION ACT.—Section 2306(a) of the ‘‘(7) TERRITORY OF THE UNITED STATES.— (K), respectively, and indenting appro- African Elephant Conservation Act (16 U.S.C. The term ‘territory of the United States’ priately; 4245(a)) is amended by striking ‘‘2007 through means each of Puerto Rico, the United (C) in subparagraph (D) (as redesignated by 2012’’ and inserting ‘‘2016 through 2020’’. States Virgin Islands, Guam, American subparagraph (B)), by striking ‘‘that are in- (b) REAUTHORIZATION OF RHINOCEROS AND Samoa, the Commonwealth of the Northern sured by an agency or instrumentality of the TIGER CONSERVATION ACT OF 1994.—Section Mariana Islands, and any other territory or United States’’ and inserting ‘‘at 1 or more 10(a) of the Rhinoceros and Tiger Conserva- possession of the United States.’’; and financial institutions that are members of tion Act of 1994 (16 U.S.C. 5306(a)) is amended (C) in section 4 (16 U.S.C. 6603)— the Federal Deposit Insurance Corporation by striking ‘‘2007 through 2012’’ and inserting (i) in subsection (b)(1)(A), by inserting ‘‘or or the Securities Investment Protection Cor- ‘‘2016 through 2020’’. territory of the United States’’ after ‘‘for- poration’’; (c) REAUTHORIZATION OF ASIAN ELEPHANT eign country’’; and (D) in subparagraph (E) (as redesignated by CONSERVATION ACT OF 1997.—Section 8(a) of (ii) in subsection (d) by inserting ‘‘and ter- subparagraph (B)), by striking ‘‘paragraph (3) the Asian Elephant Conservation Act of 1997 ritories of the United States’’ after ‘‘foreign or (4)’’ and inserting ‘‘subparagraph (C) or (16 U.S.C. 4266(a)) is amended by striking countries’’. (D)’’; ‘‘2007 through 2012’’ and inserting ‘‘2016 (2) ADMINISTRATIVE EXPENSES LIMITATION.— (E) in subparagraph (J) (as redesignated by through 2020’’. Section 5(b)(2) of the Marine Turtle Con- subparagraph (B)), by striking ‘‘; and’’ and (d) AMENDMENT AND REAUTHORIZATION OF servation Act of 2004 (16 U.S.C. 6604(b)(2)) is inserting a semicolon; GREAT APE CONSERVATION ACT OF 2000.—The amended by striking ‘‘$80,000’’ and inserting (F) by striking subparagraph (K) (as redes- Great Ape Conservation Act of 2000 is amend- ‘‘$150,000’’. ignated by subparagraph (B)) and inserting ed as follows: (3) REAUTHORIZATION.—Section 7 of the Ma- the following: (1) MULTIYEAR GRANTS.—In section 4 (16 rine Turtle Conservation Act of 2004 (16 ‘‘(K) to receive and administer restitution U.S.C. 6303), by adding at the end the fol- U.S.C. 6606) is amended by striking ‘‘each of and community service payments, amounts lowing new subsections: fiscal years 2005 through 2009’’ and inserting for mitigation of impacts to natural re- ‘‘(j) MULTIYEAR GRANTS.— ‘‘each of fiscal years 2016 through 2020’’. sources, and other amounts arising from

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.039 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S1009 legal, regulatory, or administrative pro- pursuant to this Act, a Federal department, (A) increasing fishing opportunities; ceedings, subject to the condition that the agency, or instrumentality shall have discre- (B) fostering the participation of local amounts are received or administered for tion to waive any competitive process appli- communities, especially young people in purposes that further the conservation and cable to the department, agency, or instru- local communities, in conservation activi- management of fish, wildlife, plants, and mentality for entering into contracts, agree- ties; and other natural resources; and ments, or partnerships with the Foundation (C) raising public awareness of the role ‘‘(L) to do acts necessary to carry out the if the purpose of the waiver is— healthy fish habitat play in the quality of purposes of the Foundation.’’; and ‘‘(i) to address an environmental emer- life and economic well-being of local commu- (G) by striking the undesignated matter at gency resulting from a natural or other dis- nities; the end and inserting the following: aster; or (4) to fill gaps in the National Fish Habitat ‘‘(2) TREATMENT OF REAL PROPERTY.— ‘‘(ii) as determined by the head of the ap- Assessment and the associated database of ‘‘(A) IN GENERAL.—For purposes of this plicable Federal department, agency, or in- the National Fish Habitat Assessment— Act, an interest in real property shall be strumentality, to reduce administrative ex- (A) to empower strategic conservation ac- treated as including easements or other penses and expedite the conservation and tions supported by broadly available sci- rights for preservation, conservation, protec- management of fish, wildlife, plants, and entific information; and tion, or enhancement by and for the public of other natural resources. (B) to integrate socioeconomic data in the natural, scenic, historic, scientific, edu- ‘‘(B) REPORTS.—The Foundation shall in- analysis to improve the lives of humans in a cational, inspirational, or recreational re- clude in the annual report submitted under manner consistent with fish habitat con- sources. section 7(b) a description of any use of the servation goals; and ‘‘(B) ENCUMBERED REAL PROPERTY.—A gift, authority under subparagraph (A) by a Fed- (5) to communicate to the public and con- devise, or bequest may be accepted by the eral department, agency, or instrumentality servation partners— Foundation even though the gift, devise, or in that fiscal year.’’; and (A) the conservation outcomes produced bequest is encumbered, restricted, or subject (3) by adding at the end the following: collectively by Fish Habitat Partnerships; to beneficial interests of private persons if ‘‘(d) USE OF GIFTS, DEVISES, OR BEQUESTS and any current or future interest in the gift, de- OF MONEY OR OTHER PROPERTY.—Any gifts, (B) new opportunities and voluntary ap- vise, or bequest is for the benefit of the devises, or bequests of amounts or other proaches for conserving fish habitat. Foundation. property, or any other amounts or other SEC. 703. DEFINITIONS. ‘‘(3) SAVINGS CLAUSE.—The acceptance and property, transferred to, deposited with, or In this title: administration of amounts by the Founda- otherwise in the possession of the Founda- (1) APPROPRIATE CONGRESSIONAL COMMIT- tion under paragraph (1)(K) does not alter, tion pursuant to this Act, may be made TEES.—The term ‘‘appropriate congressional supersede, or limit any regulatory or statu- available by the Foundation to Federal de- committees’’ means— tory requirement associated with those partments, agencies, or instrumentalities (A) the Committee on Commerce, Science, amounts.’’; and may be accepted and expended (or the and Transportation and the Committee on (2) by striking subsections (f) and (g); and disposition of the amounts or property di- Environment and Public Works of the Sen- (3) by redesignating subsections (h) and (i) rected), without further appropriation, by ate; and as subsections (f) and (g), respectively. those Federal departments, agencies, or in- (B) the Committee on Natural Resources of (c) AUTHORIZATION OF APPROPRIATIONS.— strumentalities, subject to the condition the House of Representatives. Section 10 of the National Fish and Wildlife that the amounts or property be used for (2) BOARD.—The term ‘‘Board’’ means the Foundation Establishment Act (16 U.S.C. purposes that further the conservation and National Fish Habitat Board established by 3709) is amended— management of fish, wildlife, plants, and section 704(a)(1). (1) in subsection (a), by striking paragraph other natural resources.’’. (3) DIRECTOR.—The term ‘‘Director’’ means (1) and inserting the following: (d) LIMITATION ON AUTHORITY.—Section 11 the Director of the United States Fish and ‘‘(1) IN GENERAL.—There are authorized to of the National Fish and Wildlife Foundation Wildlife Service. be appropriated to carry out this Act for Establishment Act (16 U.S.C. 3710) is amend- (4) EPA ASSISTANT ADMINISTRATOR.—The each of fiscal years 2016 through 2021— ed by inserting ‘‘exclusive’’ before ‘‘author- term ‘‘EPA Assistant Administrator’’ means ‘‘(A) $15,000,000 to the Secretary of the In- ity’’. the Assistant Administrator for Water of the terior; SEC. 605. REAUTHORIZATION OF NEOTROPICAL Environmental Protection Agency. ‘‘(B) $5,000,000 to the Secretary of Agri- MIGRATORY BIRD CONSERVATION (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ culture; and ACT. has the meaning given the term in section 4 ‘‘(C) $5,000,000 to the Secretary of Com- Section 10 of the Neotropical Migratory of the Indian Self-Determination and Edu- merce.’’; Bird Conservation Act (16 U.S.C. 6109) is cation Assistance Act (25 U.S.C. 450b). (2) in subsection (b)— amended to read as follows: (6) NOAA ASSISTANT ADMINISTRATOR.—The (A) by striking paragraph (1) and inserting ‘‘SEC. 10. AUTHORIZATION OF APPROPRIATIONS. term ‘‘NOAA Assistant Administrator’’ the following: ‘‘(a) IN GENERAL.—There is authorized to means the Assistant Administrator for Fish- ‘‘(1) AMOUNTS FROM FEDERAL AGENCIES.— be appropriated to carry out this Act eries of the National Oceanic and Atmos- ‘‘(A) IN GENERAL.—In addition to the $6,500,000 for each of fiscal years 2016 through pheric Administration. amounts authorized to be appropriated under 2021. (7) PARTNERSHIP.—The term ‘‘Partnership’’ subsection (a), Federal departments, agen- ‘‘(b) USE OF FUNDS.—Of the amounts made means a self-governed entity designated by cies, or instrumentalities may provide Fed- available under subsection (a) for each fiscal the Board as a Fish Habitat Conservation eral funds to the Foundation, subject to the year, not less than 75 percent shall be ex- Partnership pursuant to section 705(a). pended for projects carried out at a location condition that the amounts are used for pur- (8) REAL PROPERTY INTEREST.—The term poses that further the conservation and man- outside of the United States.’’. ‘‘real property interest’’ means an ownership agement of fish, wildlife, plants, and other TITLE VII—NATIONAL FISH HABITAT interest in— natural resources in accordance with this CONSERVATION (A) land; or Act. SEC. 701. SHORT TITLE. (B) water (including water rights). ‘‘(B) ADVANCES.—Federal departments, This title may be cited as the ‘‘National (9) SECRETARY.—The term ‘‘Secretary’’ agencies, or instrumentalities may advance Fish Habitat Conservation Through Partner- means the Secretary of the Interior. amounts described in subparagraph (A) to ships Act’’. (10) STATE.—The term ‘‘State’’ means each the Foundation in a lump sum without re- SEC. 702. PURPOSE. of the several States. gard to when the expenses for which the The purpose of this title is to encourage (11) STATE AGENCY.—The term ‘‘State agen- amounts are used are incurred. partnerships among public agencies and cy’’ means— ‘‘(C) MANAGEMENT FEES.—The Foundation other interested parties to promote fish con- (A) the fish and wildlife agency of a State; may assess and collect fees for the manage- servation— and ment of amounts received under this para- (1) to achieve measurable habitat con- (B) any department or division of a depart- graph.’’; servation results through strategic actions ment or agency of a State that manages in (B) in paragraph (2)— of Fish Habitat Partnerships that lead to the public trust the inland or marine fishery (i) in the paragraph heading, by striking better fish habitat conditions and increased resources or sustains the habitat for those ‘‘FUNDS’’ and inserting ‘‘AMOUNTS’’; fishing opportunities by— fishery resources of the State pursuant to (ii) by striking ‘‘shall be used’’ and insert- (A) improving ecological conditions; State law or the constitution of the State. ing ‘‘may be used’’; and (B) restoring natural processes; or SEC. 704. NATIONAL FISH HABITAT BOARD. (iii) by striking ‘‘and State and local gov- (C) preventing the decline of intact and (a) ESTABLISHMENT.— ernment agencies’’ and inserting ‘‘, State healthy systems; (1) FISH HABITAT BOARD.—There is estab- and local government agencies, and other en- (2) to establish a consensus set of national lished a board, to be known as the ‘‘National tities’’; and conservation strategies as a framework to Fish Habitat Board’’, whose duties are— (C) by adding at the end the following: guide future actions and investment by Fish (A) to promote, oversee, and coordinate the ‘‘(3) ADMINISTRATION OF AMOUNTS.— Habitat Partnerships; implementation of this title; ‘‘(A) IN GENERAL.—In entering into con- (3) to broaden the community of support (B) to establish national goals and prior- tracts, agreements, or other partnerships for fish habitat conservation by— ities for fish habitat conservation;

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.039 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S1010 CONGRESSIONAL RECORD — SENATE February 24, 2016 (C) to approve Partnerships; and subparagraphs (A) through (F) of subsection SEC. 705. FISH HABITAT PARTNERSHIPS. (D) to review and make recommendations (a)(2). (a) AUTHORITY TO APPROVE.—The Board regarding fish habitat conservation projects. (B) REMAINING MEMBERS.—Not later than 60 may approve and designate Fish Habitat (2) MEMBERSHIP.—The Board shall be com- days after the date of enactment of this Act, Partnerships in accordance with this section. posed of 25 members, of whom— the representatives of the initial Board pur- (b) PURPOSES.—The purposes of a Partner- (A) 1 shall be a representative of the De- suant to subparagraph (A) shall appoint the ship shall be— partment of the Interior; remaining members of the Board described (1) to work with other regional habitat (B) 1 shall be a representative of the in subparagraphs (H) through (N) of sub- conservation programs to promote coopera- tion and coordination to enhance fish and United States Geological Survey; section (a)(2). fish habitats; (C) 1 shall be a representative of the De- (C) TRIBAL REPRESENTATIVES.—Not later (2) to engage local and regional commu- partment of Commerce; than 60 days after the enactment of this Act, nities to build support for fish habitat con- (D) 1 shall be a representative of the De- the Secretary shall provide to the Board a servation; partment of Agriculture; recommendation of not fewer than 3 tribal (E) 1 shall be a representative of the Asso- (3) to involve diverse groups of public and representatives, from which the Board shall private partners; ciation of Fish and Wildlife Agencies; appoint 1 representative pursuant to sub- (F) 4 shall be representatives of State (4) to develop collaboratively a strategic paragraph (G) of subsection (a)(2). vision and achievable implementation plan agencies, 1 of whom shall be nominated by a (3) TRANSITIONAL TERMS.—Of the members regional association of fish and wildlife that is scientifically sound; described in subsection (a)(2)(J) initially ap- (5) to leverage funding from sources that agencies from each of the Northeast, South- pointed to the Board— east, Midwest, and Western regions of the support local and regional partnerships; (A) 2 shall be appointed for a term of 1 (6) to use adaptive management principles, United States; year; (G) 1 shall be a representative of either— including evaluation of project success and (B) 2 shall be appointed for a term of 2 functionality; (i) Indian tribes in the State of Alaska; or years; and (ii) Indian tribes in States other than the (7) to develop appropriate local or regional (C) 3 shall be appointed for a term of 3 habitat evaluation and assessment measures State of Alaska; years. (H) 1 shall be a representative of either— and criteria that are compatible with na- (4) VACANCIES.— tional habitat condition measures; and (i) the Regional Fishery Management (A) IN GENERAL.—A vacancy of a member of Councils established under section 302 of the (8) to implement local and regional pri- the Board described in any of subparagraphs ority projects that improve conditions for Magnuson-Stevens Fishery Conservation and (H) through (N) of subsection (a)(2) shall be Management Act (16 U.S.C. 1852); or fish and fish habitat. filled by an appointment made by the re- (c) CRITERIA FOR APPROVAL.—An entity (ii) a representative of the Marine Fish- maining members of the Board. seeking to be designated as a Partnership eries Commissions, which is composed of— (B) TRIBAL REPRESENTATIVES.—Following a shall— (I) the Atlantic States Marine Fisheries vacancy of a member of the Board described (1) submit to the Board an application at Commission; in subparagraph (G) of subsection (a)(2), the such time, in such manner, and containing (II) the Gulf States Marine Fisheries Com- Secretary shall recommend to the Board a such information as the Board may reason- mission; and list of not fewer than 3 tribal representa- ably require; and (III) the Pacific States Marine Fisheries tives, from which the remaining members of (2) demonstrate to the Board that the enti- Commission; the Board shall appoint a representative to ty has— (I) 1 shall be a representative of the fill the vacancy. (A) a focus on promoting the health of im- Sportfishing and Boating Partnership Coun- (5) CONTINUATION OF SERVICE.—An indi- portant fish and fish habitats; cil; vidual whose term of service as a member of (B) an ability to coordinate the implemen- (J) 7 shall be representatives selected from the Board expires may continue to serve on tation of priority projects that support the each of— the Board until a successor is appointed. goals and national priorities set by the (i) the recreational sportfishing industry; Board that are within the Partnership (ii) the commercial fishing industry; (6) REMOVAL.—If a member of the Board de- scribed in any of subparagraphs (H) through boundary; (iii) marine recreational anglers; (C) a self-governance structure that sup- (iv) freshwater recreational anglers; (N) of subsection (a)(2) misses 3 consecutive regularly scheduled Board meetings, the ports the implementation of strategic prior- (v) habitat conservation organizations; and ities for fish habitat; (vi) science-based fishery organizations; members of the Board may— (A) vote to remove that member; and (D) the ability to develop local and re- (K) 1 shall be a representative of a national gional relationships with a broad range of private landowner organization; (B) appoint another individual in accord- ance with paragraph (4). entities to further strategic priorities for (L) 1 shall be a representative of an agri- fish and fish habitat; cultural production organization; (c) CHAIRPERSON.— (E) a strategic plan that details required (M) 1 shall be a representative of local gov- (1) IN GENERAL.—The representative of the investments for fish habitat conservation ernment interests involved in fish habitat Association of Fish and Wildlife Agencies ap- that addresses the strategic fish habitat pri- restoration; pointed pursuant to subsection (a)(2)(E) shall orities of the Partnership and supports and (N) 2 shall be representatives from dif- serve as Chairperson of the Board. meets the strategic priorities of the Board; ferent sectors of corporate industries, which (2) TERM.—The Chairperson of the Board (F) the ability to develop and implement may include— shall serve for a term of 3 years. fish habitat conservation projects that ad- (i) natural resource commodity interests, (d) MEETINGS.— dress strategic priorities of the Partnership such as petroleum or mineral extraction; (1) IN GENERAL.—The Board shall meet— and the Board; and (ii) natural resource user industries; and (A) at the call of the Chairperson; but (G) the ability to develop fish habitat con- (iii) industries with an interest in fish and servation priorities based on sound science fish habitat conservation; and (B) not less frequently than twice each cal- endar year. and data, the ability to measure the effec- (O) 1 shall be a leadership private sector or tiveness of fish habitat projects of the Part- landowner representative of an active part- (2) PUBLIC ACCESS.—All meetings of the Board shall be open to the public. nership, and a clear plan as to how Partner- nership. ship science and data components will be in- (3) COMPENSATION.—A member of the Board (e) PROCEDURES.— tegrated with the overall Board science and shall serve without compensation. (1) IN GENERAL.—The Board shall establish data effort. (4) TRAVEL EXPENSES.—A member of the procedures to carry out the business of the (d) APPROVAL.—The Board may approve an Board may be allowed travel expenses, in- Board, including— application for a Partnership submitted cluding per diem in lieu of subsistence, at (A) a requirement that a quorum of the under subsection (c) if the Board determines rates authorized for an employee of an agen- members of the Board be present to transact that the applicant— cy under subchapter I of chapter 57 of title 5, business; (1) identifies representatives to provide United States Code, while away from the (B) a requirement that no recommenda- support and technical assistance to the Part- home or regular place of business of the tions may be adopted by the Board, except nership from a diverse group of public and member in the performance of the duties of by the vote of 2⁄3 of all members; private partners, which may include State or the Board. (C) procedures for establishing national local governments, nonprofit entities, Indian (b) APPOINTMENT AND TERMS.— goals and priorities for fish habitat conserva- tribes, and private individuals, that are fo- (1) IN GENERAL.—Except as otherwise pro- tion for the purposes of this title; cused on conservation of fish habitats to vided in this subsection, a member of the (D) procedures for designating Partner- achieve results across jurisdictional bound- Board described in any of subparagraphs (F) ships under section 705; and aries on public and private land; through (N) of subsection (a)(2) shall serve (E) procedures for reviewing, evaluating, (2) is organized to promote the health of for a term of 3 years. and making recommendations regarding fish important fish species and important fish (2) INITIAL BOARD MEMBERSHIP.— habitat conservation projects. habitats, including reservoirs, natural lakes, (A) IN GENERAL.—The initial Board will (2) QUORUM.—A majority of the members of coastal and marine environments, and estu- consist of representatives as described in the Board shall constitute a quorum. aries;

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.039 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S1011 (3) identifies strategic fish and fish habitat local governments, Indian tribes, and private erty being acquired because that is in ac- priorities for the Partnership area in the entities; cordance with the goals of a partnership. form of geographical focus areas or key (C) increases public access to land or water (e) NON-FEDERAL CONTRIBUTIONS.— stressors or impairments to facilitate stra- for fish and wildlife-dependent recreational (1) IN GENERAL.—Except as provided in tegic planning and decisionmaking; opportunities; paragraph (2), no fish habitat conservation (4) is able to address issues and priorities (D) advances the conservation of fish and project may be recommended by the Board on a nationally significant scale; wildlife species that have been identified by under subsection (b) or provided financial as- (5) includes a governance structure that— the States as species of greatest conserva- sistance under this title unless at least 50 (A) reflects the range of all partners; and tion need; percent of the cost of the fish habitat con- (B) promotes joint strategic planning and (E) where appropriate, advances the con- servation project will be funded with non- decisionmaking by the applicant; servation of fish and fish habitats under the Federal funds. (6) demonstrates completion of, or signifi- Magnuson-Stevens Fishery Conservation and (2) NON-FEDERAL SHARE.—The non-Federal cant progress toward the development of, a Management Act (16 U.S.C. 1801 et seq.) and share of the cost of a fish habitat conserva- strategic plan to address the decline in fish other relevant Federal law and State wildlife tion project— populations, rather than simply treating action plans; and (A) may not be derived from another Fed- symptoms, in accordance with the goals and (F) promotes strong and healthy fish habi- eral grant program; but national priorities established by the Board; tats so that desired biological communities (B) may include in-kind contributions and and are able to persist and adapt. cash. (7) promotes collaboration in developing a (6) The substantiality of the character and (3) SPECIAL RULE FOR INDIAN TRIBES.—Not- strategic vision and implementation pro- design of the fish habitat conservation withstanding paragraph (1) or any other pro- gram that is scientifically sound and achiev- project. vision of law, any funds made available to an able. (d) LIMITATIONS.— Indian tribe pursuant to this title may be (1) REQUIREMENTS FOR EVALUATION.—No considered to be non-Federal funds for the SEC. 706. FISH HABITAT CONSERVATION fish habitat conservation project may be rec- PROJECTS. purpose of paragraph (1). ommended by the Board under subsection (b) (f) APPROVAL.— (a) SUBMISSION TO BOARD.—Not later than or provided financial assistance under this (1) IN GENERAL.—Not later than 90 days March 31 of each calendar year, each Part- title unless the fish habitat conservation after the date of receipt of the recommended nership shall submit to the Board a list of project includes an evaluation plan designed priority list of fish habitat conservation priority fish habitat conservation projects using applicable Board guidance— projects under subsection (b), subject to the recommended by the Partnership for annual (A) to appropriately assess the biological, limitations of subsection (d), and based, to funding under this title. ecological, or other results of the habitat the maximum extent practicable, on the cri- (b) RECOMMENDATIONS BY BOARD.—Not protection, restoration, or enhancement ac- teria described in subsection (c), the Sec- later than July 1 of each calendar year, the tivities carried out using the assistance; retary, after consulting with the Secretary Board shall submit to the Secretary a pri- (B) to reflect appropriate changes to the of Commerce on marine or estuarine ority list of fish habitat conservation fish habitat conservation project if the as- projects, shall approve or reject any fish projects that includes the description, in- sessment substantiates that the fish habitat habitat conservation project recommended cluding estimated costs, of each project that conservation project objectives are not being by the Board. the Board recommends that the Secretary met; (2) FUNDING.—If the Secretary approves a approve and fund under this title for the fol- (C) to identify improvements to existing fish habitat conservation project under para- lowing fiscal year. fish populations, recreational fishing oppor- graph (1), the Secretary shall use amounts (c) CRITERIA FOR PROJECT SELECTION.—The tunities and the overall economic benefits made available to carry out this title to pro- Board shall select each fish habitat con- for the local community of the fish habitat vide funds to carry out the fish habitat con- servation project to be recommended to the conservation project; and servation project. Secretary under subsection (b) after taking (D) to require the submission to the Board (3) NOTIFICATION.—If the Secretary rejects into consideration, at a minimum, the fol- of a report describing the findings of the as- any fish habitat conservation project rec- lowing information: sessment. ommended by the Board under subsection (1) A recommendation of the Partnership (2) ACQUISITION AUTHORITIES.— (b), not later than 180 days after the date of that is, or will be, participating actively in (A) IN GENERAL.—A State, local govern- receipt of the recommendation, the Sec- implementing the fish habitat conservation ment, or other non-Federal entity is eligible retary shall provide to the Board, the appro- project. to receive funds for the acquisition of real priate Partnership, and the appropriate con- (2) The capabilities and experience of property from willing sellers under this title gressional committees a written statement project proponents to implement success- if the acquisition ensures 1 of— of the reasons that the Secretary rejected fully the proposed project. (i) public access for compatible fish and the fish habitat conservation project. (3) The extent to which the fish habitat wildlife-dependent recreation; or SEC. 707. TECHNICAL AND SCIENTIFIC ASSIST- conservation project — (ii) a scientifically based, direct enhance- ANCE. (A) fulfills a local or regional priority that ment to the health of fish and fish popu- (a) IN GENERAL.—The Director, the NOAA is directly linked to the strategic plan of the lations, as determined by the Board. Assistant Administrator, the EPA Assistant Partnership and is consistent with the pur- (B) STATE AGENCY APPROVAL.— Administrator, and the Director of the pose of this title; (i) IN GENERAL.—All real property interest United States Geological Survey, in coordi- (B) addresses the national priorities estab- acquisition projects funded under this title nation with the Forest Service and other ap- lished by the Board; are required to be approved by the State propriate Federal departments and agencies, (C) is supported by the findings of the agency in the State in which the project is may provide scientific and technical assist- Habitat Assessment of the Partnership or occurring. ance to the Partnerships, participants in fish the Board, and aligns or is compatible with (ii) PROHIBITION.—The Board may not rec- habitat conservation projects, and the other conservation plans; ommend, and the Secretary may not provide Board. (D) identifies appropriate monitoring and any funding for, any real property interest (b) INCLUSIONS.—Scientific and technical evaluation measures and criteria that are acquisition that has not been approved by assistance provided pursuant to subsection compatible with national measures; the State agency. (a) may include— (E) provides a well-defined budget linked (C) ASSESSMENT OF OTHER AUTHORITIES.— (1) providing technical and scientific as- to deliverables and outcomes; The Fish Habitat Partnership shall conduct sistance to States, Indian tribes, regions, (F) leverages other funds to implement the a project assessment, submitted with the local communities, and nongovernmental or- project; funding request and approved by the Board, ganizations in the development and imple- (G) addresses the causes and processes be- to demonstrate all other Federal, State, and mentation of Partnerships; hind the decline of fish or fish habitats; and local authorities for the acquisition of real (2) providing technical and scientific as- (H) includes an outreach or education com- property have been exhausted. sistance to Partnerships for habitat assess- ponent that includes the local or regional (D) RESTRICTIONS.—A real property inter- ment, strategic planning, and prioritization; community. est may not be acquired pursuant to a fish (3) supporting the development and imple- (4) The availability of sufficient non-Fed- habitat conservation project by a State, mentation of fish habitat conservation eral funds to match Federal contributions local government, or other non-Federal enti- projects that are identified as high priorities for the fish habitat conservation project, as ty, unless— by Partnerships and the Board; required by subsection (e); (i) the owner of the real property author- (4) supporting and providing recommenda- (5) The extent to which the local or re- izes the State, local government, or other tions regarding the development of science- gional fish habitat conservation project— non-Federal entity to acquire the real prop- based monitoring and assessment approaches (A) will increase fish populations in a man- erty; and for implementation through Partnerships; ner that leads to recreational fishing oppor- (ii) the Secretary and the Board determine (5) supporting and providing recommenda- tunities for the public; that the State, local government, or other tions for a national fish habitat assessment; (B) will be carried out through a coopera- non-Federal entity would benefit from un- (6) ensuring the availability of experts to tive agreement among Federal, State, and dertaking the management of the real prop- assist in conducting scientifically based

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evaluation and reporting of the results of thereafter, the Board shall submit to the ap- (3) CLEAN WATER ACT.—Nothing in this title fish habitat conservation projects; and propriate congressional committees a report affects any provision of the Federal Water (7) providing resources to secure state that includes— Pollution Control Act (33 U.S.C. 1251 et seq.), agency scientific and technical assistance to (1) a status of all Partnerships approved including any definition in that Act. support Partnerships, participants in fish under this title; SEC. 712. NONAPPLICABILITY OF FEDERAL ADVI- habitat conservation projects, and the (2) a description of the status of fish habi- SORY COMMITTEE ACT. Board. tats in the United States as identified by es- The Federal Advisory Committee Act (5 SEC. 708. COORDINATION WITH STATES AND IN- tablished Partnerships; and U.S.C. App.) shall not apply to— DIAN TRIBES. (3) enhancements or reductions in public (1) the Board; or The Secretary shall provide a notice to, access as a result of— (2) any Partnership. and cooperate with, the appropriate State (A) the activities of the Partnerships; or SEC. 713. FUNDING. agency or tribal agency, as applicable, of (B) any other activities carried out pursu- (a) AUTHORIZATION OF APPROPRIATIONS.— each State and Indian tribe within the ant to this title. (1) FISH HABITAT CONSERVATION PROJECTS.— boundaries of which an activity is planned to (c) REVISIONS.—Not later than December There is authorized to be appropriated to the be carried out pursuant to this title, includ- 31, 2016, and every 5 years thereafter, the Secretary $7,200,000 for each of fiscal years ing notification, by not later than 30 days Board shall consider revising the goals of the 2016 through 2021 to provide funds for fish before the date on which the activity is im- Board, after consideration of each report re- habitat conservation projects approved plemented. quired by subsection (b). under section 706(f), of which 5 percent shall SEC. 709. INTERAGENCY OPERATIONAL PLAN. SEC. 711. EFFECT OF TITLE. be made available for each fiscal year for Not later than 1 year after the date of en- (a) WATER RIGHTS.—Nothing in this title— projects carried out by Indian tribes. actment of this Act, and every 5 years there- (1) establishes any express or implied re- (2) ADMINISTRATIVE AND PLANNING EX- after, the Director, in cooperation with the served water right in the United States for PENSES.—There is authorized to be appro- NOAA Assistant Administrator, the EPA As- any purpose; priated to the Secretary for each of fiscal sistant Administrator, the Director of the (2) affects any water right in existence on years 2016 through 2021 an amount equal to 5 United States Geological Survey, and the the date of enactment of this Act; percent of the amount appropriated for the heads of other appropriate Federal depart- (3) preempts or affects any State water law applicable fiscal year pursuant to paragraph ments and agencies (including at a min- or interstate compact governing water; or (1)— imum, those agencies represented on the (4) affects any Federal or State law in ex- (A) for administrative and planning ex- Board) shall develop an interagency oper- istence on the date of enactment of the Act penses; and ational plan that describes— regarding water quality or water quantity. (B) to carry out section 210. (1) the functional, operational, technical, (b) AUTHORITY TO ACQUIRE WATER RIGHTS (3) TECHNICAL AND SCIENTIFIC ASSISTANCE.— scientific, and general staff, administrative, OR RIGHTS TO PROPERTY.—Under this title, There is authorized to be appropriated for and material needs for the implementation only a State, local government, or other each of fiscal years 2016 through 2021 to carry of this title; and non-Federal entity may acquire, under State out, and provide technical and scientific as- (2) any interagency agreements between or law, water rights or rights to property. sistance under, section 707— among Federal departments and agencies to (c) STATE AUTHORITY.—Nothing in this (A) $500,000 to the Secretary for use by the address those needs. title— United States Fish and Wildlife Service; SEC. 710. ACCOUNTABILITY AND REPORTING. (1) affects the authority, jurisdiction, or (B) $500,000 to the NOAA Assistant Admin- (a) REPORTING.— responsibility of a State to manage, control, istrator for use by the National Oceanic and (1) IN GENERAL.—Not later than 5 years or regulate fish and wildlife under the laws Atmospheric Administration; after the date of enactment of this Act, and and regulations of the State; or (C) $500,000 to the EPA Assistant Adminis- every 5 years thereafter, the Board shall sub- (2) authorizes the Secretary to control or trator for use by the Environmental Protec- mit to the appropriate congressional com- regulate within a State the fishing or hunt- tion Agency; and mittees a report describing the progress of ing of fish and wildlife. (D) $500,000 to the Secretary for use by the this title. (d) EFFECT ON INDIAN TRIBES.—Nothing in United States Geological Survey. (2) CONTENTS.—Each report submitted this title abrogates, abridges, affects, modi- (b) AGREEMENTS AND GRANTS.—The Sec- under paragraph (1) shall include— fies, supersedes, or alters any right of an In- retary may— (A) an estimate of the number of acres, dian tribe recognized by treaty or any other (1) on the recommendation of the Board, stream miles, or acre-feet, or other suitable means, including— and notwithstanding sections 6304 and 6305 of measures of fish habitat, that was main- (1) an agreement between the Indian tribe title 31, United States Code, and the Federal tained or improved by partnerships of Fed- and the United States; Financial Assistance Management Improve- eral, State, or local governments, Indian (2) Federal law (including regulations); ment Act of 1999 (31 U.S.C. 6101 note; Public tribes, or other entities in the United States (3) an Executive order; or Law 106–107), enter into a grant agreement, during the 5-year period ending on the date (4) a judicial decree. cooperative agreement, or contract with a of submission of the report; (e) ADJUDICATION OF WATER RIGHTS.—Noth- Partnership or other entity for a fish habitat (B) a description of the public access to ing in this title diminishes or affects the conservation project or restoration or en- fish habitats established or improved during ability of the Secretary to join an adjudica- hancement project; that 5-year period; tion of rights to the use of water pursuant to (2) apply for, accept, and use a grant from (C) a description of the improved opportu- subsection (a), (b), or (c) of section 208 of the any individual or entity to carry out the nities for public recreational fishing; and Department of Justice Appropriation Act, purposes of this title; and (D) an assessment of the status of fish 1953 (43 U.S.C. 666). (3) make funds available to any Federal de- habitat conservation projects carried out (f) DEPARTMENT OF COMMERCE AUTHOR- partment or agency for use by that depart- with funds provided under this title during ITY.—Nothing in this title affects the author- ment or agency to provide grants for any that period, disaggregated by year, includ- ity, jurisdiction, or responsibility of the De- fish habitat protection project, restoration ing— partment of Commerce to manage, control, project, or enhancement project that the (i) a description of the fish habitat con- or regulate fish or fish habitats under the Secretary determines to be consistent with servation projects recommended by the Magnuson-Stevens Fishery Conservation and this title. Board under section 706(b); Management Act (16 U.S.C. 1801 et seq.). (c) DONATIONS.— (ii) a description of each fish habitat con- (g) EFFECT ON OTHER AUTHORITIES.— (1) IN GENERAL.—The Secretary may— servation project approved by the Secretary (1) PRIVATE PROPERTY PROTECTION.—Noth- (A) enter into an agreement with any orga- under section 706(f), in order of priority for ing in this title permits the use of funds nization described in section 501(c)(3) of the funding; made available to carry out this title to ac- Internal Revenue Code of 1986 that is exempt (iii) a justification for— quire real property or a real property inter- from taxation under section 501(a) of that (I) the approval of each fish habitat con- est without the written consent of each Code to solicit private donations to carry servation project; and owner of the real property or real property out the purposes of this title; and (II) the order of priority for funding of each interest. (B) accept donations of funds, property, fish habitat conservation project; (2) MITIGATION.—Nothing in this title per- and services to carry out the purposes of this (iv) a justification for any rejection of a mits the use of funds made available to carry title. fish habitat conservation project rec- out this title for fish and wildlife mitigation (2) TREATMENT.—A donation accepted ommended by the Board under section 706(b) purposes under— under this section— that was based on a factor other than the (A) the Federal Water Pollution Control (A) shall be considered to be a gift or be- criteria described in section 706(c); and Act (33 U.S.C. 1251 et seq.); quest to, or otherwise for the use of, the (v) an accounting of expenditures by Fed- (B) the Fish and Wildlife Coordination Act United States; and eral, State, or local governments, Indian (16 U.S.C. 661 et seq.); (B) may be— tribes, or other entities to carry out fish (C) the Water Resources Development Act (i) used directly by the Secretary; or habitat conservation projects. of 1986 (Public Law 99–662; 100 Stat. 4082); or (ii) provided to another Federal depart- (b) STATUS AND TRENDS REPORT.—Not later (D) any other Federal law or court settle- ment or agency through an interagency than December 31, 2016, and every 5 years ment. agreement.

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.039 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S1013 SA 3322. Mr. BROWN (for himself and amended by inserting after the item relating (1) SECURED LOANS.— Mr. ALEXANDER) submitted an amend- to chapter 3083 the following: (A) IN GENERAL.—Using funds provided ment intended to be proposed to ‘‘3084. U.S. Civil Rights Network.’’. under subsection (e)(2)(A), the Administrator amendment SA 2953 proposed by Ms. may make a secured loan under the Water SA 3323. Ms. STABENOW (for herself, Infrastructure Finance and Innovation Act MURKOWSKI to the bill S. 2012, to pro- of 2014 (33 U.S.C. 3901 et seq.) to— vide for the modernization of the en- Mr. INHOFE, Mr. PETERS, Mr. PORTMAN, (i) an eligible State to carry out a project ergy policy of the United States, and Mr. BROWN, Mr. KIRK, Mr. REED, Mr. eligible under paragraphs (2) through (9) of for other purposes; which was ordered BURR, Mr. DURBIN, Mrs. BOXER, and Ms. section 5026 of that Act (33 U.S.C. 3905) to ad- to lie on the table; as follows: MIKULSKI) submitted an amendment in- dress lead or other contaminants in drinking water in an eligible system, including repair At the end of title V, add the following: tended to be proposed by her to the bill H.R. 4470, to amend the Safe Drinking and replacement of public and private drink- SEC. 5lll. U.S. CIVIL RIGHTS NETWORK PRO- ing water infrastructure; and GRAM. Water Act with respect to the require- ments related to lead in drinking (ii) any eligible entity under section 5025 of (a) IN GENERAL.—Subdivision 1 of Division that Act (33 U.S.C. 3904) for a project eligible B of subtitle III of title 54, United States water, and for other purposes; which under paragraphs (2) through (9) of section Code, is amended by inserting after chapter was ordered to lie on the table; as fol- 5026 of that Act (33 U.S.C. 3905). 3083 the following: lows: (B) AMOUNT.—Notwithstanding section ‘‘CHAPTER 3084—U.S. CIVIL RIGHTS Strike out all after the enacting clause, 5029(b)(2) of the Water Infrastructure Fi- NETWORK and insert the following: nance and Innovation Act of 2014 (33 U.S.C. ‘‘§ 308401. Definition of Network TITLE lll—PREVENTION OF AND 3908(b)(2)), the amount of a secured loan pro- vided under subparagraph (A)(i) may be ‘‘In this chapter, the term ‘Network’ PROTECTION FROM LEAD EXPOSURE equal to not more than 80 percent of the rea- means the U.S. Civil Rights Network estab- SEC. ll01. DRINKING WATER INFRASTRUCTURE. sonably anticipated costs of the projects. lished under section 308402(a). (a) DEFINITIONS.—In this section: (2) FEDERAL INVOLVEMENT.—Notwith- ‘‘§ 308402. U.S. Civil Rights Network (1) ADMINISTRATOR.—The term ‘‘Adminis- standing section 5029(b)(9) of the Water Infra- trator’’ means the Administrator of the En- ‘‘(a) IN GENERAL.—The Secretary shall es- structure Finance and Innovation Act of 2014 tablish, within the Service, a program to be vironmental Protection Agency. (33 U.S.C. 3908(b)(9)), any costs for a project known as the ‘U.S. Civil Rights Network’. (2) ELIGIBLE STATE.—The term ‘‘eligible to address lead or other contaminants in State’’ means a State for which the Presi- ‘‘(b) DUTIES OF SECRETARY.—In carrying drinking water in an eligible system that are out the Network, the Secretary shall— dent has declared an emergency under the not covered by a secured loan under para- ‘‘(1) review studies and reports to com- Robert T. Stafford Disaster Relief and Emer- graph (1) may be covered using amounts in plement and not duplicate studies of the his- gency Assistance Act (42 U.S.C. 5121 et seq.) the State revolving loan fund under section torical importance of the African American relating to the public health threats associ- 1452 of the Safe Drinking Water Act (42 civil rights movement that may be underway ated with the presence of lead or other con- U.S.C. 300j–12). or completed, such as the Civil Rights taminants in a public drinking water supply (d) NONDUPLICATION OF WORK.—An activity Framework Study; system. carried out pursuant to this section shall not ‘‘(2) produce and disseminate appropriate (3) ELIGIBLE SYSTEM.—The term ‘‘eligible duplicate the work or activity of any other educational materials relating to the Afri- system’’ means a public drinking water sup- Federal or State department or agency. (e) FUNDING.— can American civil rights movement, such as ply system that is the subject of an emer- (1) ADDITIONAL DRINKING WATER STATE RE- handbooks, maps, interpretive guides, or gency declaration referred to in paragraph VOLVING FUND CAPITALIZATION GRANTS.— electronic information; (2). (b) STATE REVOLVING LOAN FUND ASSIST- (A) IN GENERAL.—The Secretary of the ‘‘(3) enter into appropriate cooperative ANCE.— Treasury shall make available to the Admin- agreements and memoranda of under- (1) IN GENERAL.—An eligible system shall istrator a total of $100,000,000 to provide ad- standing to provide technical assistance be— ditional grants to eligible States pursuant to under subsection (c); and (A) considered to be a disadvantaged com- section 1452 of the Safe Drinking Water Act ‘‘(4)(A) create and adopt an official, uni- munity under section 1452(d) of the Safe (42 U.S.C. 300j–12), to be available during the form symbol or device for the Network; and Drinking Water Act (42 U.S.C. 300j–12(d)); and period of fiscal years 2016 and 2017 for the ‘‘(B) issue regulations for the use of the (B) eligible to receive loans with additional purposes described in subsection (b)(2). symbol or device adopted under subpara- subsidization under that Act (42 U.S.C. 300f (B) SUPPLEMENTED INTENDED USE PLANS.— graph (A). et seq.), including forgiveness of principal From funds made available under subpara- ‘‘(c) ELEMENTS.—The Network shall encom- under section 1452(d)(1) of that Act (42 U.S.C. graph (A), the Administrator shall obligate pass the following elements: 300j–12(d)(1)). to an eligible State such amounts as are nec- ‘‘(1) All units and programs of the Service (2) AUTHORIZATION.— essary to meet the needs identified in a sup- that are determined by the Secretary to re- (A) IN GENERAL.—Using funds provided plemented intended use plan by not later late to the African American civil rights under subsection (e)(1)(A), an eligible State than 30 days after the date on which the eli- movement during the period from 1939 may provide assistance to an eligible system gible State submits to the Administrator a through 1968. within the eligible State, for the purpose of supplemented intended use plan under sec- ‘‘(2) Other Federal, State, local, and pri- addressing lead or other contaminants in tion 1452(b) of the Safe Drinking Water Act vately owned properties that— drinking water, including repair and replace- (42 U.S.C. 300j–12(b)) that includes ‘‘(A) relate to the African American civil ment of public and private drinking water preapplication information regarding rights movement; infrastructure. projects to be funded using the additional as- ‘‘(B) have a verifiable connection to the Af- (B) INCLUSION.—Assistance provided under sistance, including, with respect to each rican American civil rights movement; and subparagraph (A) may include additional such project— ‘‘(C) are included in, or determined by the subsidization under the Safe Drinking Water (i) a description of the project; Secretary to be eligible for inclusion in, the Act (42 U.S.C. 300f et seq.), as described in (ii) an explanation of the means by which National Register of Historic Places. paragraph (1)(B). the project will address a situation causing a ‘‘(3) Other governmental and nongovern- (C) EXCLUSION.—Assistance provided under declared emergency in the eligible State; mental facilities and programs of an edu- subparagraph (A) shall not include assist- (iii) the estimated cost of the project; and cational, research, or interpretive nature ance for a project that is financed (directly (iv) the projected start date for construc- that are directly related to the African or indirectly), in whole or in part, with pro- tion of the project. American civil rights movement. ceeds of any obligation issued after the date (C) UNOBLIGATED AMOUNTS.—Any amounts ‘‘§ 308403. Cooperative agreements and memo- of enactment of this Act— made available to the Administrator under randa of understanding (i) the interest of which is exempt from the subparagraph (A) that are unobligated on the ‘‘To achieve the purposes of this chapter tax imposed under chapter 1 of the Internal date that is 18 months after the date on and to ensure effective coordination of the Revenue Code of 1986; or which the amounts are made available shall Federal and non-Federal elements of the (ii) with respect to which credit is allow- be available to provide additional grants to Network described in section 308402(c) with able under subpart I or J of part IV of sub- States to capitalize State loan funds as pro- System units and programs of the Service, chapter A of chapter 1 of such Code. vided under section 1452 of the Safe Drinking the Secretary may enter into cooperative (3) LIMITATION.—Section 1452(d)(2) of the Water Act (42 U.S.C. 300j–12). agreements and memoranda of under- Safe Drinking Water Act (42 U.S.C. 300j– (D) APPLICABILITY.—Section 1452(b)(1) of standing with, and provide technical assist- 12(d)(2)) shall not apply to— the Safe Drinking Water Act (42 U.S.C. 300j– ance to the heads of other Federal agencies, (A) any funds provided under subsection 12(b)(1)) shall not apply to a supplement to States, units of local government, regional (e)(1)(A); or an intended use plan under subparagraph (B). governmental bodies, and private entities.’’. (B) any other loan provided to an eligible (2) WIFIA FUNDING.— (b) CLERICAL AMENDMENT.—The table of system. (A) IN GENERAL.—As soon as practicable chapters for title 54, United States Code, is (c) WATER INFRASTRUCTURE FINANCING.— after the date of enactment of this Act, the

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.040 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S1014 CONGRESSIONAL RECORD — SENATE February 24, 2016 Secretary of the Treasury shall make avail- shall specify notification procedures for an (ii) a toxicologist; able to the Administrator $70,000,000 to pro- exceedance of a lead action level or any (iii) a mental health professional; vide credit subsidies, in consultation with other prescribed level of lead in a regulation (iv) a pediatrician; the Director of the Office of Management issued under section 1412.’’; (v) an early childhood education expert; and Budget, for secured loans under sub- (3) by redesignating paragraphs (3) and (4) (vi) a special education expert; section (c)(1)(A) with a goal of providing se- as paragraphs (4) and (5), respectively; and (vii) a dietician; and cured loans totaling at least $700,000,000. (4) by inserting after paragraph (2) the fol- (viii) an environmental health expert. (B) USE.—Secured loans provided pursuant lowing: (B) REQUIREMENTS.—Membership in the to subparagraph (A) shall be available to ‘‘(3) NOTIFICATION OF THE PUBLIC RELATING Committee shall not exceed 15 members and carry out activities described in subsection TO LEAD.— not less than 1⁄2 of the members shall be Fed- (c)(1)(A). ‘‘(A) EXCEEDANCE OF LEAD ACTION LEVEL.— eral members. (3) APPLICABILITY.—Unless explicitly Not later than 15 days after the date of being (2) CHAIR.—The Secretary shall designate a waived, all requirements under the Safe notified by the primary agency of an exceed- chair from among the Federal members ap- Drinking Water Act (42 U.S.C. 300f et seq.) ance of a lead action level or any other pre- pointed to the Committee. and the Water Infrastructure Finance and scribed level of lead in a regulation issued (3) TERMS.—Members of the Committee Innovation Act of 2014 (33 U.S.C. 3901 et seq.) under section 1412, including the concentra- shall serve for a term of not more than 3 shall apply to funding provided under this tions of lead found in a monitoring activity years and the Secretary may reappoint mem- subsection. or any other level of lead determined by the bers for consecutive terms. (f) HEALTH EFFECTS EVALUATION.— Administrator to warrant notice, either on a (4) APPLICATION OF FACA.—The Committee (1) IN GENERAL.—Pursuant to section case-specific or more general basis, the Ad- shall be subject to the Federal Advisory 104(i)(1)(E) of the Comprehensive Environ- ministrator shall notify the public of the Committee Act (5 U.S.C. App.). mental Response, Compensation, and Liabil- concentrations of lead found in the moni- (5) RESPONSIBILITIES.—The Committee ity Act (42 U.S.C. 9604(i)(1)(E)), and on re- toring activity conducted by the public shall, at a minimum— ceipt of a request of an appropriate State or water system if the public water system or (A) review the Federal programs and serv- local health official of an eligible State, the the State does not notify the public of the ices available to individuals and commu- Director of the Agency for Toxic Substances concentrations of lead found in a monitoring nities exposed to lead; and Disease Registry of the National Center activity. (B) review current research on lead poi- for Environmental Health shall in coordina- ‘‘(B) RESULTS OF LEAD MONITORING.— soning to identify additional research needs; tion with other agencies, as appropriate, ‘‘(i) IN GENERAL.—The Administrator may (C) review and identify best practices, or conduct voluntary surveillance activities to provide notice of any result of lead moni- the need for best practices, regarding lead evaluate any adverse health effects on indi- toring conducted by a public water system screening and the prevention of lead poi- viduals exposed to lead from drinking water to— soning; in the affected communities. ‘‘(I) any person that is served by the public (D) identify effective services, including (2) CONSULTATIONS.—Pursuant to section water system; or services relating to healthcare, education, 104(i)(4) of the Comprehensive Environ- ‘‘(II) the local or State health department mental Response, Compensation, and Liabil- of a locality or State in which the public and nutrition for individuals and commu- ity Act (42 U.S.C. 9604(i)(4)), and on receipt of water system is located. nities affected by lead exposure and lead poi- soning, including in consultation with, as ap- a request of an appropriate State or local ‘‘(ii) FORM OF NOTICE.—The Administrator health official of an eligible State, the Direc- may provide the notice described in clause propriate, the lead exposure registry as es- tor of the Agency for Toxic Substances and (i) by— tablished in subsection (b); and Disease Registry of the National Center for ‘‘(I) press release; or (E) undertake any other review or activi- Environmental Health shall provide con- ‘‘(II) other form of communication, includ- ties that the Secretary determines to be ap- sultations regarding health issues described ing local media. propriate. in paragraph (1). ‘‘(C) PRIVACY.—Notice to the public shall (6) REPORT.—Annually for 5 years and SEC. ll02. LOAN FORGIVENESS. protect the privacy of individual customer thereafter as determined necessary by the The matter under the heading ‘‘STATE AND information.’’. Secretary or as required by Congress, the TRIBAL ASSISTANCE GRANTS’’ under the head- (b) CONFORMING AMENDMENTS.—Section Committee shall submit to the Secretary, ing ‘‘ENVIRONMENTAL PROTECTION 1414 (c) of the Safe Drinking Water Act (42 the Committees on Finance, Health, Edu- AGENCY’’ in title II of division G of the Con- U.S.C. 300g–3(c)) is amended— cation, Labor, and Pensions, and Agri- solidated Appropriations Act, 2016 (Public (1) in paragraph (1)(C), by striking ‘‘para- culture, Nutrition, and Forestry of the Sen- Law 114–113), is amended in paragraph (1), by graph (2)(E)’’ and inserting ‘‘paragraph ate and the Committees on Education and striking the semicolon at the end and insert- (2)(F)’’; the Workforce, Energy and Commerce, and ing the following: ‘‘or, if a Federal or State (2) in paragraph (2)(B)(i)(II), by striking Agriculture of the House of Representatives emergency declaration has been issued due ‘‘subparagraph (D)’’ and inserting ‘‘subpara- a report that includes— to a threat to public health from heightened graph (E)’’; and (A) an evaluation of the effectiveness of exposure to lead in a municipal drinking (3) in paragraph (3)(B), in the first sen- the Federal programs and services available water supply, before the date of enactment tence, by striking ‘‘(D)’’ and inserting ‘‘(E)’’. to individuals and communities exposed to of this Act: Provided further, That in a State SEC. ll04. REGISTRY FOR LEAD EXPOSURE AND lead; in which such an emergency declaration has ADVISORY COMMITTEE. (B) an evaluation of additional lead poi- been issued, the State may use more than 20 (a) DEFINITIONS.—In this section: soning research needs; percent of the funds made available under (1) CITY.—The term ‘‘City’’ means a city (C) an assessment of any effective screen- this title to the State for Drinking Water exposed to lead contamination in the local ing methods or best practices used or devel- State Revolving Fund capitalization grants drinking water system. oped to prevent or screen for lead poisoning; to provide additional subsidy to eligible re- (2) COMMITTEE.—The term ‘‘Committee’’ (D) input and recommendations for im- cipients;’’. means the Advisory Committee established proved access to effective services relating SEC. ll03. DISCLOSURE OF PUBLIC HEALTH under subsection (c). to healthcare, education, or nutrition for in- THREATS FROM LEAD EXPOSURE. (3) SECRETARY.—The term ‘‘Secretary’’ dividuals and communities impacted by lead (a) EXCEEDANCE OF LEAD ACTION LEVEL.— means the Secretary of Health and Human exposure; and Section 1414(c) of the Safe Drinking Water Services. (E) any other recommendations for com- Act (42 U.S.C. 300g–3(c)) is amended— (b) LEAD EXPOSURE REGISTRY.—The Sec- (1) in paragraph (1), by adding at the end munities affected by lead exposure, as appro- retary shall establish within the Agency for priate. the following: Toxic Substances and Disease Registry or ‘‘(D) Notice of any exceedance of a lead ac- another relevant agency at the discretion of (d) MANDATORY FUNDING.— tion level or any other prescribed level of the Secretary, or establish through a grant (1) IN GENERAL.—On the date of enactment lead in a regulation issued under section award or contract, a lead exposure registry of this Act, out of any funds in the Treasury 1412, including the concentrations of lead to collect data on the lead exposure of resi- not otherwise appropriated, the Secretary of found in a monitoring activity or any other dents of a City on a voluntary basis. the Treasury shall transfer to the Secretary, level of lead determined by the Adminis- (c) ADVISORY COMMITTEE.— to be available during the period of fiscal trator to warrant notice, either on a case- (1) MEMBERSHIP.— years 2016 through 2020— specific or more general basis.’’; (A) IN GENERAL.—The Secretary shall es- (A) $17,500,000 to carry out subsection (b); (2) in paragraph (2)— tablish an Advisory Committee in coordina- and (A) by redesignating subparagraphs (D) and tion with the Director of the Centers for Dis- (B) $2,500,000 to carry out subsection (c). (E) as subparagraphs (E) and (F), respec- ease Control and Prevention and other rel- (2) RECEIPT AND ACCEPTANCE.—The Sec- tively; and evant agencies as determined by the Sec- retary shall be entitled to receive, shall ac- (B) by inserting after subparagraph (C) the retary consisting of Federal members and cept, and shall use to carry out subsections following: non-Federal members, and which shall in- (b) and (c) the funds transferred under sub- ‘‘(D) EXCEEDANCE OF LEAD ACTION LEVEL.— clude— paragraphs (A) and (B) of paragraph (1), re- Regulations issued under subparagraph (A) (i) an epidemiologist; spectively, without further appropriation.

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.041 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE February 24, 2016 CONGRESSIONAL RECORD — SENATE S1015 SEC. ll05. ADDITIONAL FUNDING FOR CERTAIN State and City to manage the drinking water Committee on Aging be authorized to CHILDHOOD HEALTH PROGRAMS. system; and meet during the session of the Senate (a) CHILDHOOD LEAD POISONING PREVENTION (2) the adequacy of the response by Region PROGRAM.— on February 24, 2016, at 2:30 p.m., in 5 of the Environmental Protection Agency to room SD–562 of the Dirksen Senate Of- (1) IN GENERAL.—On the date of enactment the drinking water crisis in Flint, Michigan, of this Act, out of any funds in the Treasury including the timeliness and transparency of fice Building, to conduct a hearing en- not otherwise appropriated, the Secretary of the response. titled ‘‘Opioid Use Among Seniors: the Treasury shall transfer to the Director of (c) CONTENTS OF REPORT.—Not later than 1 Issues and Emerging Trends.’’ the Centers for Disease Control and Preven- year after commencing each review under The PRESIDING OFFICER. Without tion, to be available during the period of fis- subsection (b), the Comptroller General of objection, it is so ordered. cal years 2017 and 2018, $10,000,000 for the the United States shall submit to Congress a SUBCOMMITTEE ON EMERGING THREATS AND childhood lead poisoning prevention program report that includes— CAPABILITIES authorized under section 317A of the Public (1) a statement of the principal findings of Health Service Act (42 U.S.C. 247b-1). the review; and Mr. CORNYN. Mr. President, I ask (2) RECEIPT AND ACCEPTANCE.—The Director (2) recommendations for Congress and the unanimous consent that the Sub- of the Centers for Disease Control and Pre- President to take any actions to prevent a committee on Emerging Threats and vention shall be entitled to receive, shall ac- similar situation in the future and to protect Capabilities of the Committee on cept, and shall use to carry out the child- public health. Armed Services be authorized to meet hood lead poisoning prevention program au- SEC. ll07. OFFSET. during the session of the Senate on thorized under section 317A of the Public None of the funds available to the Sec- February 24, 2016, at 2:30 p.m. Health Service Act (42 U.S.C. 247b-1) the retary of Energy to provide any credit sub- funds transferred under paragraph (1), with- The PRESIDING OFFICER. Without sidy under subsection (d) of section 136 of the objection, it is so ordered. out further appropriation. Energy Independence and Security Act of (b) HEALTHY HOMES PROGRAM.— 2007 (42 U.S.C. 17013) as of the date of enact- SUBCOMMITTEE ON REGULATORY AFFAIRS AND (1) IN GENERAL.—On the date of enactment ment of this Act shall be obligated for new FEDERAL MANAGEMENT of this Act, out of any funds in the Treasury loan commitments under that subsection on Mr. CORNYN. Mr. President, I ask not otherwise appropriated, the Secretary of or after October 1, 2020. unanimous consent that the Sub- the Treasury shall transfer to the Secretary of Housing and Urban Development, to be f committee on Regulatory Affairs and available during the period of fiscal years AUTHORITY FOR COMMITTEES TO Federal Management of the Committee 2017 and 2018, $10,000,000 to carry out the MEET on Homeland Security and Govern- Healthy Homes Initiative of the Department mental Affairs be authorized to meet of Housing and Urban Development. COMMITTEE ON ENVIRONMENT AND PUBLIC during the session of the Senate on (2) RECEIPT AND ACCEPTANCE.—The Sec- WORKS February 24, 2016, at 10:30 a.m., to con- retary of Housing and Urban Development Mr. CORNYN. Mr. President, I ask duct a hearing entitled ‘‘The Unfunded shall be entitled to receive, shall accept, and unanimous consent that the Com- Mandates Reform Act: Opportunities shall use to carry out the Healthy Homes mittee on Environment and Public for Improvement to Support State and Initiative of the Department of Housing and Works be authorized to meet during Urban Development the funds transferred Local Governments.’’ the session of the Senate on February The PRESIDING OFFICER. Without under paragraph (1), without further appro- 24, 2016, at 10 a.m., in room SD–406 of priation. objection, it is so ordered. the Dirksen Senate Office Building, to (c) HEALTHY START PROGRAM.— f (1) IN GENERAL.—On the date of enactment conduct a hearing entitled ‘‘Oversight of this Act, out of any funds in the Treasury of the Renewable Fuel Standard.’’ PRIVILEGES OF THE FLOOR not otherwise appropriated, the Secretary of The PRESIDING OFFICER. Without Ms. HIRONO. Mr. President, I ask the Treasury shall transfer to the Adminis- objection, it is so ordered. unanimous consent that the privileges trator of the Health Resources and Services COMMITTEE ON FOREIGN RELATIONS of the floor be granted to Manisha Administration, to be available during the Mr. CORNYN. Mr. President, I ask period of fiscal years 2017 and 2018, $10,000,000 Gupta, a fellow on my staff for the re- to carry out the Healthy Start Initiative unanimous consent that the Com- mainder of the 114th Congress. under section 330H of the Public Health Serv- mittee on Foreign Relations be author- The PRESIDING OFFICER. Without ice Act (42 U.S.C. 254c-8). ized to meet during the session of the objection, it is so ordered. (2) RECEIPT AND ACCEPTANCE.—The Admin- Senate on February 24, 2016, at 10 a.m., Mr. MERKLEY. Mr. President, I ask istrator of the Health Resources and Serv- to conduct a hearing entitled ‘‘Ending unanimous consent that my intern, ices Administration shall be entitled to re- Modern Slavery: Now is the Time.’’ Bayley Sandy, be granted privileges of ceive, shall accept, and shall use to carry out The PRESIDING OFFICER. Without the floor for the remainder of the day. the Healthy Start Initiative under section objection, it is so ordered. 330H of the Public Health Service Act (42 The PRESIDING OFFICER. Without COMMITTEE ON HEALTH, EDUCATION, LABOR, U.S.C. 254c-8) the funds transferred under objection, it is so ordered. AND PENSIONS paragraph (1), without further appropriation. f ll Mr. CORNYN. Mr. President, I ask SEC. 06. REVIEW AND REPORT. UNANIMOUS CONSENT (a) IN GENERAL.—Not later than 1 year unanimous consent that the Com- after the date of enactment of this Act, the mittee on Health, Education, Labor, AGREEMENT—S. RES. 374 Attorney General and the Inspector General and Pensions be authorized to meet Mr. MCCONNELL. Mr. President, I of the Environmental Protection Agency during the session of the Senate on ask unanimous consent that at 1:45 shall submit to the Committees on Appro- February 24, 2016, at 10 a.m., in room p.m. tomorrow, Thursday, February 25, priations, Environment and Public Works, SD–430 of the Dirksen Senate Office and Homeland Security and Governmental the Senate proceed to consideration of Affairs of the Senate and the Committees on Building to conduct a hearing entitled S. Res. 374, which is at the desk, and I Appropriations, Energy and Commerce, ‘‘Zika Virus: Addressing the Growing ask that it be held, and that the Senate Transportation and Infrastructure, and Over- Public Health Threat.’’ then vote on the resolution, and that if sight and Government Reform of the House The PRESIDING OFFICER. Without the resolution is agreed to, the pre- of Representatives a report on the status of objection, it is so ordered. amble be agreed to, and the motions to any ongoing investigations into the Federal COMMITTEE ON VETERANS’ AFFAIRS reconsider be considered made and laid and State response to the contamination of Mr. CORNYN. Mr. President, I ask the drinking water supply of the City of upon the table with no intervening ac- Flint, Michigan. unanimous consent that the Com- tion or debate. (b) REVIEW.—Not later than 30 days after mittee on Veterans’ Affairs be author- The PRESIDING OFFICER. Without the completion of the investigations de- ized to meet during the session of the objection, it is so ordered. scribed in subsection (a), the Comptroller Senate on February 24, 2016, at 10 a.m., f General of the United States shall commence in room SH–216 of the Hart Senate Of- a review of issues that are not addressed by fice Building. ORDER FOR PRINTING OF the investigations and relating to— The PRESIDING OFFICER. Without TRIBUTES (1) the adequacy of the response by the objection, it is so ordered. State of Michigan and the City of Flint to Mr. MCCONNELL. Mr. President, I the drinking water crisis in Flint, Michigan, SPECIAL COMMITTEE ON AGING ask unanimous consent that Senators including the timeliness and transparency of Mr. CORNYN. Mr. President, I ask be permitted to submit tributes to Jus- the response, as well as the capacity of the unanimous consent that the Special tice Scalia for the RECORD until March

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A24FE6.041 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE S1016 CONGRESSIONAL RECORD — SENATE February 24, 2016 10, 2016, and that all tributes be printed ADJOURNMENT UNTIL 9:30 A.M. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AS THE CHIEF OF ENGINEERS/COMMANDING GENERAL, as a Senate document. TOMORROW UNITED STATES ARMY CORPS OF ENGINEERS, AND AP- POINTMENT IN THE UNITED STATES ARMY TO THE The PRESIDING OFFICER. Without Mr. MCCONNELL. Mr. President, if GRADE INDICATED WHILE ASSIGNED TO A POSITION OF objection, it is so ordered. there is no further business to come be- IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS 601 AND 3036: fore the Senate, I ask unanimous con- To be lieutenant general f sent that it stand adjourned under the previous order. MAJ. GEN. TODD T. SEMONITE ORDERS FOR THURSDAY, There being no objection, the Senate, IN THE COAST GUARD FEBRUARY 25, 2016 at 6:22 p.m., adjourned until Thursday, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT February 25, 2016, at 9:30 a.m. TO THE GRADE INDICATED IN THE UNITED STATES Mr. MCCONNELL. Mr. President, I COAST GUARD UNDER TITLE 14, U.S.C., SECTION 271(D): ask unanimous consent that when the f To be rear admiral Senate completes its business today, it REAR ADM. (LH) MEREDITH L. AUSTIN NOMINATIONS REAR ADM. (LH) PETER W. GAUTIER adjourn until 9:30 a.m., Thursday, Feb- REAR ADM. (LH) MICHAEL J. HAYCOCK ruary 25; that following the prayer and Executive nominations received by REAR ADM. (LH) JAMES M. HEINZ REAR ADM. (LH) KEVIN E. LUNDAY pledge, the morning hour be deemed the Senate: REAR ADM. (LH) TODD A. SOKALZUK expired, the Journal of proceedings be LIBRARY OF CONGRESS REAR ADM. (LH) PAUL F. THOMAS approved to date, and the time for the CARLA D. HAYDEN, OF MARYLAND, TO BE LIBRARIAN f two leaders be reserved for their use OF CONGRESS FOR A TERM OF TEN YEARS, VICE JAMES later in the day; further, that following H. BILLINGTON. CONFIRMATION leader remarks, the Senate be in a pe- IN THE ARMY Executive nomination confirmed by riod of morning business, with Sen- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES ARMY TO THE GRADE INDICATED the Senate February 24, 2016: ators permitted to speak therein for up WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DEPARTMENT OF HEALTH AND HUMAN SERVICES to 10 minutes each. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: The PRESIDING OFFICER. Without To be lieutenant general ROBERT MCKINNON CALIFF, OF SOUTH CAROLINA, TO BE COMMISSIONER OF FOOD AND DRUGS, DEPARTMENT objection, it is so ordered. MAJ. GEN. MICHAEL K. NAGATA OF HEALTH AND HUMAN SERVICES.

VerDate Sep 11 2014 03:54 Feb 25, 2016 Jkt 059060 PO 00000 Frm 00050 Fmt 4624 Sfmt 9801 E:\CR\FM\G24FE6.044 S24FEPT1 emcdonald on DSK67QTVN1PROD with SENATE